Loading...
HomeMy WebLinkAbout1996-10-14 6 / 11 Town Board Minutes 1 October 14, 1996 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 6 : 00 P.M. October 14, 1996 PRESENT : Supervisor Mary Oltz Councilpersons : Edward Inman, Rosa Lee Johnson, Joseph Schwartz, Howard Steiner Others Present : Code Enforcement Officer - Susan Beeners Town Clerk - Carol W . Sczepanski Highway Superintendent - William Hall Tompkins County Planning Representative - Jim Hanson Better Housing Representative - Becky Bilderback Members of the Public : Betsy Wilkinson, Bill Farrell, Joel Gagnon, Ken Horst Supervisor Mary Oltz called the meeting to order at 6 : 03 P . M . and led all present to the Pledge of Allegiance to the American flag . Approval of September 9 , 1996 Town Board Minutes A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the September 9 , 1996 Town Board Minutes as published . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously APPROVAL OF WARRANTS : Approval of General Fund Warrant No. 10 of 1996 A motion was made by Councilperson Steiner and seconded by Councilperson Johnson to approve the General Fund Warrant No . 10 of 1996, voucher numbers 265 - 308 in the amount of $ 13 ,073 .90 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of Highway Fund Warrant No. 10 of 1996 A motion was made by Councilperson Schwartz and seconded by Councilperson Johnson to approve the Highway Fund Warrant No . 10 of 1996, voucher numbers 138 - 149 in the amount of $49, 884 .21 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously AS— Town Board Minutes 2 October 14, 1996 Approval of the West Danby Water District Fund Warrant No . 10 of 1996 A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the West Danby Water District Fund Warrant No . 10 of 1996, voucher numbers 34-38 in the amount of $949 . 27 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of Election Inspectors Fund Warrant No . 2 of 1996 A motion was made by Councilperson Inman and seconded by Councilperson Steiner to approve the Election Inspectors Fund Warrant No . 2 of 1996, voucher numbers 12-23 in the amount of $ 1 ,048 . 35 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of the Town Supervisor' s September 1996 Report A motion was made by Councilperson Johnson and seconded by Councilperson Inman to approve the Town Supervisor' s September 1996 Report as submitted. A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Carried Unanimously Approval of the Town Clerk' s September 1996 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve the Town Clerk ' s September 1996 Report as submitted . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously PRIVILEGE OF THE FLOOR: Special Election - Approval of Town Hall Renovation/Addition Project Funding Supervisor Oltz reported that on October 7 , 1996 the Town held a Special Election authorizing the renovation of the Danby Town Hall , demolition of the current addition to the Town Hall which is not handicapped accessible, and construction of a new addition to the Town Hall, all at a cost not to exceed $387,223 . 50, said renovation, demolition and construction to be financed by the expenditure of $ 37 ,223 . 50 from the Town Building Reserve Fund and the issuance of General Obligations Serial Bonds in the amount of not more than $250 . 000 . 00 . The vote on the proposition / 6 Town Board Minutes 3 October 14, 1996 was 115 for approval and 93 opposed . Supervisor Oltz said has consulted with Gary Lindenbaum of the Ithaca City School District requesting information on possible use of the Danby School during the construction phase of the project. A draft letter, to Gary Lindenbaum of the Ithaca City School District requesting information for related to the use of the Danby School as temporary quarters during construction was approved by the Board . Town Clerk, Carol Sczepanski reported that it is time for the Town to consider a dog enumeration . Supervisor Oltz reported that the Town has received payment of $2 , 500 . 00 from New York State Electric and Gas for the Easement Contract with the Town of Danby. Members of the Public : Betsy Wilkinson - 21 John Hill Road - reported that on Saturday, October 13 , 1996 , fire works in the Candor area were causing windows to rattle in her neighborhood . Tompkins County Department of Planning - Report Jim Hanson of Tompkins County Planning reported to the Board that the Town of Danby had a very strong application for a HUD Grant. He said that although the grant request was not funded this year, Tompkins County Planning will write another application next year and the County will stand the cost. There will be no charge for the preparation of the application to the Town of Danby . Becky Bilderback from Better Housing reported that there is funding available through the State for home repair. Many residents that applied for HUD funding may be eligible . The income level requirement is lower than for the HUD Grant and interested persons can obtain information and applications through Better Housing . County Representative Report: County Representative Frank Proto reported on the following : 1 ) Comfort Road Bridge - The proposed proposal Barbara Blanchard presented at the Town Officials Meeting was to be used as a guide. The proposal presented at the meeting does not include the replacement of Comfort Road Bridge . 2) Recycling Centers - funding for the two remaining recycling centers is not included in the County 1997 Budget and soon will be closed . Members of the Board reported to Mr. Proto that the roadside pickups are less than adequate for residents needs . Many residents do not use the roadside pickup although we are all charged a fee for this service and the recycling center. 3 ) Youth Programs - expects that the program will be funded by the County. Danby passed a resolution in support of the County Youth Partnership Program. 4) State Archives Week - this is New York State Archives Week. Mr. Proto thanked the Board for their supporting resolution. 5 ) Rural Affairs Committee - the next meeting will be an open forum on October 28 , 1996 in Dryden and the Board is encouraged to make suggestions for a site and topics for the next meeting . 6) State Wide Sales Tax Relief Week - a request for Tompkins County to acknowledge the State Wide Sales Tax Relief week for the third (3rd) week in January 1997 is on the Board of Representatives Agenda. The State will erase the 4% State Sales Tax for that week and have offered the option for counties to participate . 7) Neighborhood Watch Programs - offered to put together a special meeting for residents in Danby who are interested in developing a Neighborhood Watch Program for neighborhoods. 6 / 7 Town Board Minutes 4 October 14, 1996 8) Tompkins County Budget Proposal - The current proposal is approximately 6 . 21 % . It is possible that additional requests could increase the tax rate an additional 2-3 % . He expressed concern about the projected increase because unexpended funds remain with the departments and are not used to reduce the 1997 budget . Other Reports : 1 ) Code Enforcement Report - September 1996 2) Highway Department Report - September 1996 3 ) S . P . C . A . Report - August 1996 4) Community Council Minutes - October 1996 Planning Board Report: Chairperson Ken Horst reported that the Planning Board is looking at revising the Town of Danby Comprehensive Plan. At the last meeting Joan Jerkowitz and Rebecca Lubin of Tompkins County Planning Department reported on information that can be supplied from the county on demographics, age profiles , etc . He recommended that the Town consider obtaining some of the assistance available through the County Circuit Rider for revising our Comprehensive Plan. OLD BUSINESS : Board of Zoning Appeals - Engelhart Decision Code Enforcement Officer Susan Beeners reported that on October 11 , 1996 the Town of Danby Board of Zoning Appeals denied the appeal of Jeanne and Matthew Engelhart, Angelheart Designs , Inc . She said that she will notify the Engelharts that the structures are in violation of the Town of Danby Zoning Ordinance and the Town of Danby Local Law No . 1 of 1996 . She said as a variance for set back was not obtained by October 1 , 1996 . She will notify the Engelharts that the structure must be torn down or brought into compliance with the setback requirements. A time for compliance with Town of Danby Regulations will be stated. Discussion followed . Councilperson Steiner said that Angelheart Designs, Inc . should be notified that the structure needs to be removed according to the current law. He thinks that the Town should give them a reasonable length of time for compliance . Chair Joel Gagnon of the Board of Zoning Appeals said that he thinks the BZA decision to deny the variance request was the right one . He said that he is not sure that it is in the interest of the Town to force implementation immediately as this is the second largest employer in Danby. If the sewing room and the addition must be removed before there is the opportunity to build an alternative one they may have to lay some of their workers off Councilperson Schwartz said that they knew they were in violation and that the addition was built illegally. They built the addition of the sewing room and deck without obtaining a building permit and then went to the BZA for permission. He said he thinks that the Town has been more than fair. Councilperson Inman said that Angelheart Designs, Inc . had ample time to comply with the Town regulations. It is up to them to find their alternatives . We gave them permission to go ahead with this project in August through Local Law No . 1 of 1996 with a deadline of October 1 . 1996 to obtain a the necessary permits to continue including a variance if necessary . Councilperson Johnson said that it would be appropriate to state a thirty (30) day or forty-five (45 ) day limit for compliance (or whatever is appropriate) and if additional time is needed to contact the Code Enforcement Officer. Councilperson Steiner said that he does not think that anyone on the Board would want to see workers laid off What we are trying to do is provide enough reasonable time to do what they agreed to do . 6 / g Town Board Minutes 5 October 14, 1996 NEW BUSINESS : RESOLUTION NO . 60 of 1996 RESOLUTION AUTHORIZING ASSISTANCE FROM THE TOWN ATTORNEYS , INCLUDING THE COMMENCEMENT OF A PROCEEDING FOR INJUNCTIVE RELIEF RELATED TO TOWN OF DANBY TAX PARCEL NO . 11 . 4 - 10 .2 , DURFEE HILL ROAD By : Supervisor Oltz : Seconded by Councilperson Inman WHEREAS, the Town of Danby Zoning/Code Enforcement Officer found on May 3 , July 19, August 23 , September 10, October 6, and October 11 , 1996 , that there are several violations of the Town of Danby Local Law Regulating the Maintenance of Real Property in the town of Danby; the Town of Danby Local Law Providing for the Administration and Enforcement of the Uniform Fire Prevention and Building Code ; the Town of Danby Zoning Ordinance ; and the New York State Uniform Fire Prevention and Building Code, on Town of Danby Tax Parcel No . 11 . - 1 - 10 . 2 , located on Durfee Hill roads ; Delta Kappa, Inc . , the registered owner; and WHEREAS , an. Order to Remedy said violations was served on September 15 , 1996 upon the person listed in the Tompkins County Assessment Roll as the addressee for tax bills, Douglas R. Cabana, ordering remedy of the violations no later than October 9 , 1996 ; and WHEREAS, the Town of Danby Zoning/Code Enforcement Officer has reported to the Town Board that the violations have not been remedied to date, and has requested that the Town Board authorize the obtaining of assistance from the Town Attorneys in enforcement of the Order to Remedy, which may include the commencement of a proceeding for injunctive relief in the New York. State Supreme Court, now therefore, it is RESOLVED, that the Town of Danby Town Board hereby authorizes the obtaining of assistance from. the Town Attorneys in enforcement of the Order to Remedy, which may include the commencement of a proceeding for injunctive relief in the New York State supreme Court. A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Transfer of Highway Fund Accounts : Supervisor Oltz reported that the transfer of Highway Fund Accounts will be deferred until the November 1996 Board Meeting. Fisher Settlement Road - Communication Councilperson Steiner reported that the Town had received a letter from Fisher Settlement Road residents addressed to the Highway Superintendent. He said that he would like to Town to formally respond to the letter. A letter of response to the residents was presented to the Board and approved. Highway Superintendent William Hall said that it is time for the Town to consider paving or oil and stone surfacing on. either Michigan Hollow Road or Fisher Settlement Road. Fisher Settlement and Michigan Hollow Roads are are heavily traveled roads . 4 Re I uest for Pro . osals for Town of Danb Renovation/Addition Buildin • Pro ' ect Supervisor Oltz reported that the Town of Danby will solicit proposals from architects for the Town Hall Renovation/Addition building project. A "Request for Proposals" for the Town Hall Renovation/Addition Project will be advertised in the legal section of the Ithaca Journal and will be mailed to interested architects on request. Proposals must be received by the Town no later than December 2 , 1996 . Motion to Advertize Proposals for an Architect for the Town Hall Renovation/Addition Project A motion was made by Supervisor Oltz and seconded by Councilperson Johnson to advertise in the E Town Board Minutes 6 October 14, 1996 Ithaca Journal Legals a request for proposals for the Town of Danby Town Hall Renovation/Addition Project. A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Bid Requests for the Highway Barns - Bald Hill Road The Town Clerk reported that no requests for bid information were received in response to the "Bid Notice" for the Highway Barns on Bald Hill Road . A legal advertisement requesting bids was published in the Ithaca Journal on September 10 , 1996 . The Board discussed how best to advertise the highway property on Bald Hill Road and possibly listing the highway with the Board of Realtors. The building is currently being used as a cold storage for the highway department. A letter will be sent to the Board of Realtors . ADJOURNMENT On a motion the meeting adjourned at 8 : 20 P . M . as/WA/pa 4A; Carol W . Sczepansy, Town Clerk min- 10- 14 . 96