HomeMy WebLinkAbout1996-07-08 579
1 Town Board Minutes
July 8 , 1996
TOWN OF DANBY
TOWN BOARD MINUTES
Regular Meeting 6 : 00 P.M. July 8, 1996
PRESENT :
Supervisor Oltz
Councilpersons : Edward. Inman, Joseph. Schwartz, Howard Steiner
• ABSENT :
Councilperson Johnson (Excused)
Others Present :
County Representative - Frank Proto
•
Code Enforcement Officer - Susan Beeners
Town Clerk - Carol Sczepanski
Members of the Public :
Roy Casterline, Joel Gagnon, Peter Voorhees , Elizabeth Owens-Roe, Robert Roe
Supervisor Oltz called the meeting to order at 6 : 00 P .M . and led all present to the Pledge of
Allegiance to the American flag .
APPROVAL OF MINUTES
Correction to June 10 , 1996 Town Board Minutes
Page 4 - Under HUD Discussion - delete "was reduced" insert will be deducted . Delete [She did
not realize that the Town would be billed $3 ,000 . ]
Approval of June 10, 1996 Town Board Minutes
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve
the June 10 , 1996 Town Board Minutes as corrected .
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Approval of June 10 , 1996 Public Hearing Minutes - Angelheart
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve
the June 10, 1996 Public Hearing Minutes - Angelheart Designs , Inc . as published .
• A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Approval of June 20 , 1996 Public Information Minutes and Special Meeting Minutes
A motion was made by Supervisor Oltz and seconded by Councilperson Inman to approve the Public
Information Minutes and the Town Board Special Meeting Minutes of June 20 , 1996 as published .
A roll call vote on the motion resulted as follows :
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July 8 , 1996
Inman Aye
Schwartz Abstained
Steiner Aye Carried
Oltz Aye
Letter from Board to Legislators - Re : School Boards
The Town Board received a draft letter from. Councilperson Schwartz for the Board to review
regarding the structure of the Ithaca City School letter representation Town Clerk to send the
outlying rural townships . The Board approved of the etter and directed d th
letter to our New York Legislators .
•
APPROVAL OF WARRANTS
General Fund Warrant No . 7 of 1996. - Approved
A motion was made by Councilperson Schwartz
voucher numbersseconded
180 -211 ,gin the amount of $ 10 ,4 approve 4 . 21
the General Fund Warrant No . 7 of 1996 ,
A. roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Highway Fund Warrant No . 7 of 1996 - Approved
A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve
the Highway Fund Warrant No . 7 of 1996 , voucher numbers 95 - 107 , in the amount of $ 10 ,210 .48 .
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
West Danby Water District Fund Warrant No . 7 of 1996 - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson. Steiner to approve
the West Danby Water District Fund Warrant No . 7 , voucher numbers 24-26 , in the amount of
$ 214 . 05 .
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously •
Town Supervisor' s June 1996 Report - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve
the Town Supervisor' s June 1996 Report as submitted .
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye Carried Unanimously
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July 8 , 1996
Town Clerk' s June 1996 Report - Approved
A motion was made by Councilperson Schwartz seconded by Councilperson Inman to approve the
Town Clerk ' s June 1996 report as submitted .
A. roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
• Oltz Aye Carried Unanimously
PRIVILEGE OF THE FLOOR
The Town. Clerk also submitted the final payment of 1996 Tax Collection penalties in the amount
of $2 , 364 . 95 .
West Danby Water District Supervisor, Roy Casterline, reported that the Town of Danby Water
Lines are listed on the UFPO Maps .
Edward Roberts , Voting Machine Custodian reported that the Sequoia Pacific Repair Service will
repair our voting machine on July 11 , 1996 .
Joel Gagnon reported that the West Danby Community Group will be hosting a picnic on July 27 ,
1996 from 11 : 00 a . m . to 2 : 00 p . m . All Danby Residents are invited and are asked to furnish a dish
to pass .
Supervisor Oltz reported on the following :
1 ) The Town applied for additional funds from the County Municipal Jobs Program and has
received additional funding in the amount of $ 1 , 500 . 00 .
2) Comfort Road Bridge Project has been moved to 1997 . The County has a one time chance
to apply for IAP Funding (Industrial Access Program) and the Comfort Road Bridge is the
only one in Tompkins County that qualifies at this time . The IAP funds will result in a
savings of $200, 000 . 00 to the County.
3 ) The Town Accounting Program is outdated and needs to be upgraded and she has received
quote from Williamson. The upgrade will cost $ 1 , 500 . 00 .
4) The Town was approved for FEMA funds in the amount of $ 2 ,403 . 00 .
5 ) Danby Youth Commission meeting for July is canceled. She reported that this is a seven (7)
member board and only two (2) members attended last meeting . The Commission does not
appear to be functioning .
• 6) Tompkins County Intermunincipal Cable Commission has sent a model franchise agreement
to review .
REPORTS
Code Enforcement Office June 1996 Report - Received
SPCA - May 1996 Report - Received
Highway Department June 1996 Report - Received
Senior Citizen Report
Edw. M . Roberts reported that the senior' s went on a three (3 ) day trip to Hershey Pennsylvania and
all had a wonderful time .
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July 8 , 1996
Community Council
Joel Gagnon reported that Community Council has received Summer Jobs Youth funds that have
been applied towards the Pond Program and additional help for the Summer Recreation Program .
OLD BUSINESS :
Appointment to Planning Board - No Action
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to reappoint r
Joel Gagnon to the Town of Danby Planning Board for a seven (7) hear term to begin irrunediately
and to expire on. June 30 , 2003 .
A roll call vote on the motion resulted as follows : •
Inman Nay •
Schwartz Aye
Steiner Aye
Oltz Nay
No Action
Appointment to Planning Board - Approved
A motion was made by Councilperson Inman and seconded by Supervisor Oltz to appoint Gerald
Catlin to the Town of Danby Planning Board for a seven (7 ) year term to begin immediately and to
expire on June 30 , 2003 .
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye
Carried Unanimously
Supervisor Oltz and the Town Councilpersons thanked Joel Gagnon for his thirteen ( 13 ) years of
service to the Town of Danby on the Planning Board .
Appointment to Board of Zoning Appeals - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to appoint
Joel Gagnon to the Town of Danby Board of Zoning Appeals for a five (5 ) year term to begin
immediately and to expire on June 30 , 2001 .
A roll call vote on the motion resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye
Carried Unanimously
NEW BUSINESS :
Town of Danby Subdivision Regulations Revision - Proposed Local Law
The Town of Danby Planning Board have reviewed and approved of Proposed Subdivision
Regulation Revision and have sent them to the Town Board to consider adoption .
Motion to Schedule Public Hearing - Proposed Subdivision Regulations and A. Local Law
Amending the Subdivision Regulations of the Town of Danby
A motion was made by Councilperson Schwartz and Seconded by Councilperson Inman to set a
public hearing for 6 : 00 P . M . , Wednesday , August 7 , 1996 , to hear comments and concerns for the
Proposed Subdivision Regulations and A Local Law Amending the Subdivision Regulations of the
Town of Danby .
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July 8 , 1996.
A roll call vote on the motion resulted as follows :
Inman. Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Renovation and Expansion of the Town of Danby Town Hall
Supervisor Oltz reported that on June 20 , 1996 the Town Board held a Public Information Meeting
to hear comments from the public on the renovation and expansion of the Town of Danby Town
Hall . At a special meeting of the Town Board, following the public hearing, the Board voted to
approve the 1966 proposal as submitted by the Building Committee .
The Board reviewed the proposal and estimated cost of $ 387 ,223 . 50 for the renovation and
expansion project of the Town Hall .
Councilperson Steiner said that it appears the cost is $29,000 . 00 more than was presented at the June
20, 1996 Public Information Meeting . The Town Attorney has recommended adding $ 3 , 000 . 00 for
site work, $5 , 500 . 00 for demolition . It was his understanding that the site work could be done by
our highway department and that the cost of removing the back of the building were included in that
proposal . The bonding period is only for a ten year period .
Supervisor Oltz said that those costs must be added to the project . The 5 % contingency was
increased and is an additional expense .
Attorney Barney reported to the Board that a wood frame building can only be bonded for a ten ( 10)
year period.
The Board discussed seeking information and quotes from other architectural firms for the Town
Hall Renovation/Addition Project. They will ask several several architects to submit proposals for
design development, preparation of bid documents and supervision of the project .
Resolution No . 40 of 1996 - Approved
TOWN HALL RENOVATION/ADDITION PROJECT - SEQR DETERMINATION OF
ENVIRONMENTAL SIGNIFICANCE
By : Supervisor Oltz : Seconded by Councilperson Steiner
WHEREAS , the Town of Danby Town Board is considering approval of a Town Hall
Renovation/Addition Project, with said project to consist of the renovation of the existing Town Hall
meeting room wing, demolition of the existing rear office wing, and construction of a new addition,
with related site work, located at 1830 Danby Road, Town of Danby Tax Parcel No . 10 . - 1 -22 and
No . 10 . - 1 -23 ; and
WHEREAS , the project is an Unlisted Action for which the Town of Danby Town Board is
legislatively determined to act as Lead Agency to environmental review; and
WHEREAS, the Town Board has reviewed the draft Short Environmental Assessment Form and
the recommendation of the Code Enforcement Officer that a negative determination of
environmental significance be made for this action ; now, therefore, it is
RESOLVED , that the Town of Danby Town board, acting as Lead Agency in the environmental
review of this Unlisted Action, being the Town Hall Renovation/Addition Project, accepts the
recommendation of the Code Enforcement Officer and makes and hereby does make a negative
determination of environmental significance .
. I . I .
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July 8 , 1996
A roll call vote on the resolution resulted as follows :
Inman Aye
Schwartz Aye
Steiner Aye Carried Unanimously
Oltz Aye
(Councilperson Johnson absent)
RESOLUTION NO . 41 OF 1996 - Approved
RESOLUTION AUTHORIZING THE RENOVATION AND EXPANSION OF THE TOWN
HALL , AUTHORIZING THE EXPENDITURES OF FUNDS FROM THE TOWN HALL
BUILDING RESERVE FUND FOR SUCH PURPOSE,HE ALANCE OF THE COSTS OF
ISSUANCE AND SALE OF SERIAL BONDS FOR
By Supervisor Oltz : Seconded by Councilperson Inman
WHEREAS , the Town Board of the Town of Danby has found that the present Town offices at 1830
Danby Road, Ithaca, New York, are inadequate for the needs of the citizens of the community , the
staff of the Town, and the Town Board; and
WHEREAS, the Town Board of the Town of Danb has investigate other a number of possible
alternatives regarding new construction, renovation, a
WHEREAS , the Town Board has solicited comments from a facilities committee , a building
committee , and residents of the Town of Danby to assist the Town Board in making its decision
regarding the future of the Town Hall ; and
WHEREAS , the Town Board retained the architectural firm of Demjanec & Associates, Architects,
for the purposes of analyzing the cost of renovating �and the taxpayers lof the Town of Danby ;and
Hall at a cost that was reasonable to the Town Board
WHEREAS, the Town Board has received the report of such architectural firm indicating that the
building may be renovated, an addition constructed, and a portion of the existing building
demolished, all at a price and upon terms that the Town board believes to be appropriate ; and from
WHEREAS , the need for demolition of part of the current addition to the Town Hall results
ts k g
the requirements of making Town Hall available to persons under disabilities, and t
the existing addition to the Town Hall so accessible is prohibitive ; and
WHEREAS , the renovation of the existing Town Hall , the demolition of a portion of the existing
addition, and the construction of a new addition has all been determined to be an "Unlisted Action"
pursuant to the regulations of the New York State Department of Environmental Conservation
promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations
of the Town of Danby , the implementation of which as proposed, the Town Board has determined
will not result in any significant environmental effects ; and
WHEREAS, it is now desired to authorize the renovation of the Town Hall , the demolition of the
current addition to the Town. Hall , and the construction of a new addition, and the financing of such
capital project;
NOW , THEREFORE, BE IT RESOLVED by the Town Board of the Town of Danby as follows :
Section 1 . The Town of Danby hereby authorizes the expenditure of up to
$387 ,223 . 50 for the renovation of the existing Town Hall , the demolition of the addition to
said Town Hall , and the construction and equipping of a new addition to the Town Hall , all
of said actions being authorized pursuant to Section 220 of the Town Law .
Section 2 . That for the object or purpose of paying part of the costs of
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July 8 , 1996
renovation and construction including demolition, grading, site improvements, original
furnishings and equipment, machinery or apparatus required for the purposes for which said
building is to be used, and other improvements and incidental expenses necessary in
connection therewith, $250 , 000 . 00 of the General Obligation Serial Bonds of the Town of
Danby, New York, are hereby authorized to be issued pursuant to the provisions of the Local
Finance Law .
Section 3 . $ 387 ,223 . 50 is estimated as the maximum cost for the
renovation, demolition, and construction and equipping of the Town Hall , hereinafter
collectively referred to as the "Project" .
Section 4. The plan for the financing of the Project consists of
(a) The expenditure of $ 137 ,223 . 50 from the "Town Building
Construction, Repair of Facilities, and Compliance with Americans with Disabilities Act
Reserve Fund" established by the Town Board ; and
(b) The issuance of General Obligation Serial Bonds of the Town
in the principal sum of not more than $250 ,000 . 00 , to be issued pursuant to the Local
Finance Law for a portion of the remaining costs of renovating, demolition and construction .
Section 5. It is hereby determined that the period of probable usefulness of
the aforesaid specific objects or purposes is 10 years , pursuant to Subdivision 12 (a)(3 ) of
Paragraph a of Section 11 . 00 of the Local Finance Law. It is further determined that the
maximum maturity of the serial bonds herein authorized will exceed five years .
Section 6, The full faith and credit of said Town of Danby, Tompkins County,
New York, are hereby irrevocably pledged to the payment of the principal of and interest on
said bonds as the same respectively become due and payable . An annual appropriation shall
be made in each year sufficient to pay the principal of and interest on such bonds becoming
due and payable in such year. There shall annually be levied on all the taxable real property
in said Town a tax sufficient to pay the principal of and interest on such bonds as the same
become due and payable .
Section 7 . Such bonds shall be in fully registered form and shall be signed
in the name of the Town of Danby, New York, by the manual or facsimile signature of its
Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by
the manual or facsimile signature of its Town Clerk.
Section 8 . The powers and duties of advertising such bonds for sale,
conducting the sale and awarding the bonds , are hereby delegated to the Town Supervisor,
who shall advertise such bonds for sale , conduct the sale, and award the bonds in such
manner as he or she shall deem best for the interested of said Town, provided, however, that
in the exercise of these delegated powers , he or she shall comply fully with the provisions
of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds . The receipt of the Supervisor shall be a full acquittance to the purchaser
of such bonds , who shall not be obliged to see to the application of the purchase money .
Section 9. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance and to sell bond anticipation notes in anticipation of the issuance and
sale of the serial bonds herein authorized, including renewals of such notes, is hereby
delegated to the Supervisor, the Chief Fiscal Officer. Such notes shall be of such terms, form
and contents , and shall be sold in such manner as may be prescribed by said Supervisor,
consistent with the provisions of the Local Finance Law .
Section 10. All other matters, except as provided herein relating to such
bonds, including determining whether to issue such serial bonds having substantially level
or declining debt service and all matters related thereto , prescribing whether manual or
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July 8 , 1996
facsimile signatures shall appear on said bonds , prescribing the method for the recording of
ownership of said bonds, appointing the fiscal agent or agents for said bonds , providing for
the printing and delivery of said bonds (and if said bonds are to be executed in the name of
the Town by the facsimile signature of the Supervisor, providing for the manual
countersignature of a fiscal agent or of a designated official of the Town) , the date ,
denominations, maturities and interest payment dates, place or places of payment, and also
including the consolidation with other issues , shall be determined by the Supervisor . It is
hereby determined that it is to the financial advantage of the Town of Danby not to impose
and collect from registered owners of such serial bonds any charges for mailing, shipping and
insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to
paragraph c of Section 70 . 00 of the Local Finance Law, no such charges shall be so collected
by the fiscal agent . Such bonds shall contain substantially the recital of validity clause
provided for in Section 52 . 00 of the Local Finance Law and shall otherwise be in such form
and contain such recitals in addition to those required by Section 52 . 00 of the Local Finance
Law, as the Town Supervisor shall determine .
Section 11 . This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1 . 150- 1 . Other than as specified in this resolution,
no moneys are , or are reasonably expected to be , reserved, allocated on a long-term basis , or
otherwise set aside with respect to the permanent funding of the object or purpose described
herein .
Section 12 . The validity of such bonds may be contested only if:
1 . Such bonds are authorized for an object or purchase for which said Town
is not authorized to expend money, or
2 . The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within 20
days after the date of publication, or
3 . Such bonds are authorized in violation of the provision of the Constitution.
Section 13 . Pursuant to the provisions of Section 6-c of the General
Municipal Law, as amended, the Town Supervisor of the Town of Danby be and such
Supervisor hereby is authorized and directed to expend from the "Town Building
Construction, Repair of Facilities , and Compliance with Americans with Disabilities Act
Reserve Fund" of the Town of Danby, duly established by resolution of the Town Board, the
sum of $ 137,223 . 50 for the purposes of renovating the existing Town Hall , demolishing the
addition on the current Town Hall , and constructing and equipping a new addition, upon
receipt of requisitions for sums for same pursuant to approved bids in appropriate form for
such work .
Section 14. Within 10 days after the adoption of this resolution by the Town
Board, the Town Clerk shall , as set forth in Section 90 of the Town Law, post and publish
a notice which shall set forth the date of the adoption of this resolution and contain an
abstract of this resolution, concisely stating the purpose and effect thereof Such notice shall
specify that such resolution was adopted subject to a permissive referendum .
Section 15 . If no referendum is requested , or if requested , a referendum is
held and the referendum approves the resolution, this resolution shall be published in full by
the Town Clerk of the Town of Danby, together with a notice in substantially the form
prescribed by Section 81 . 00 of said Local Finance Law, such publication to be in the Ithaca
Journal , a newspaper published in the City of Ithaca and having a general circulation within
such Town .
Section 16. This resolution shall take effect 30 days after its adoption, unless
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July 8 , 1996
a referendum is requested, in which event it shall take effect, if approved at such referendum,
upon such approval .
Section 17. This resolution is adopted subject to a permissive referendum
pursuant to Town Law Section 220 , General Municipal Law Section 6-c and Local Finance
il Law Section 35 . 00 .
The question of adoption of the foregoing resolution was duly put to a vote
on a roll call , which resulted as follows :
Supervisor Mary Oltz Voting AYE
Councilman Edward Inman Voting AYE
Councilman Joseph Schwartz Voting AYE
Councilman Howard Steiner Voting AYE
Carried Unanimously
County Representative Report
Representative Frank Proto reported on the following :
1 ) Solid Waste Fee - NYS passed legislation to allow the Solid Waste Recycling Fees
to be added to the Town and County Tax Bills .
2) Roll-over Funds - the County passed legislation to amend the fiscal policy to permit
the county departments to retain 100% of all monies remaining in their budget at the
end of the year.
3 ) Human Services Building - Demolition of buildings on State Street has started for
the Human Services Building Project.
4) Medical Examiner Position - A public hearing will be held at the next County
Board Meeting regarding the County policy for appointment to the position of
Medical Examiner by County Public Health Director with approval of only the Board
of Health.
5 ) Business Improvement District - the City of Ithaca is asking Tompkins County to
contribute funds for the Business Improvement District.
ADJOURNMENT
On a motion the meeting adjourned at 8 : 12 P . M .
da-disi ) tret-414:
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Carol W . Sczepanski T wn Clerk
min- 7- 8 . 96