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HomeMy WebLinkAbout1997-02-10 1 Town Board Minutes February 10, 1997 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 6 : 00 P.M. February 10, 1997 PRESENT : Supervisor Mary Oltz Councilpersons : Edward Inman, Howard Steiner, Joseph Schwartz (Arrived 6 : 35 p.m.) ABSENT : Councilperson Rosa Lee Johnson (Excused) Others Present: Town Clerk - Carol Sezepanski Code Enforcement Officer - Susan Beeners Highway Superintendent - William Hall County Representative - Frank Proto Members of the Public : Scott Engelhart, Elizabeth Owens-Roe, Robert Roe, Josefina Griffin, Charles Cole Supervisor Mary Oltz called the meeting to order at 6 : 00 P . M. and led all present to the Pledge of Allegiance to the American flag . The Town Board audited the vouchers that were submitted for payment on the February 1997 Warrants APPROVAL OF MINUTES Corrections to January 13. 1997 Vote on Motion to Adjust the Senior Exempt Sliding Scale - Supervisor Oltz voted Nay. Public Hearing -January 13 , 1997 Proposed Local Law - Angelheart and January 13 . 1997 Town Board Minutes A motion was made by Councilperson Steiner and seconded by Supervisor Oltz to approve the January 13 , 1997 Town Board Minutes and the January 13 , 1997 Public Hearing - Proposed Local Law Minutes as corrected . A roll call vote on the motion resulted as follows : Inman Aye Steiner Aye Oltz Aye Carried Unanimously ADDITIONS TO AGENDA : 1 ) Amendment to Resolution No . 20 - addition to Title 2) Resolution authorizing supervisor to sign purchase offer for the purchase of property for Town Hall Project. 3 ) Resolution granting approval for Supervisor to sign a contract with Community Council 4) Councilperson Steiner asked that discussion be added to the agenda for Youth Commission, Community Council and items related to the Community Council Contract . APPROVAL OF WARRANTS General Fund Warrant No. 2 of 1997 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve General Fund Warrant No . 2 of 1 997 - vouchers numbered from 28 - 55 in the amount of $9,217 . 37. A roll call vote on the motion resulted as follows : 2 Town Board Minutes February 10, 1997 Inman Aye Steiner Aye Oltz Aye Carried Unanimously Highway Fund Warrant No. 2 of 1997 - Approved A motion was mace by Councilperson Inman and seconded by Councilperson Steiner to approve the Highway Fund Warrant No . 2 of 1997 - vouchers numbered from 14 - 34 in the amount of $ 16 , 988 . 99 . A roll call vote on the motion resulted as follows : Inman Aye Steiner Aye Oltz Aye Carried Unanimously West Danby Water District Fund Warrant No . 2 of 1996 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the West Danby Water District Fund Warrant No . 2 of 1996 vouchers numbered from 2-6 in the amount of $ 1 , 142 . 92 . A roll call vote on the motion resulted as follows : Inman Aye Steiner Aye Oltz Aye Carried Unanimously Town Clerk' s January 1997 Report- Approved A motion was made by Councilperson Steiner and seconded by Supervisor Oltz to approve the Town Clerk' s January 1997 Report . A roll call vote on the motion resulted as follows : Inman Aye Steiner Aye Oltz Aye Carried Unanimously Councilperson Inman reported that he has audited the Town Clerk' s 1996 records . Councilperson Schwartz arrived at 6 : 30 p .m . Town Supervisor' s January 1997 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve the Town Supervisor' s January 1997 Report as submitted . A roll call vote on the motion resulted as follows : Inman. Aye Schwartz Aye Steiner Aye Carried Unanimously PRIVILEGE OF THE FLOOR: Town Clerk/Tax Collector Carol Sczepanski reported that the tax collection is a little behind 1996 collection period at this time . Members of the Public: Charles Cole - 1000 Coddington Road - reported that he is unhappy with the Tompkins County SPCA and the Town Leash Law. He said he thinks that there is no consideration and show any kindness to dog owners . They do not return them to the owner even when they know the owner . 6613 3 Town Board Minutes February 10, 1997 Joel Gagnon - reported that the West Danby Community Association held their Annual Meeting and elected new officers . Co-Chairs are Mary Grace O ' Connor and Mark Johnson, Debbie Scott, Secretary and Annie Becker, Treasurer. The West Danby Methodist Church has a long standing problem with drainage since the NYS Dot project on 34/96 . He submitted a copy of a petition from residents soliciting Board support to have the culvert repaired so that there is adequate drainage for access to the church. Councilperson Steiner asked that the West Danby Community Association provide copies of their meeting minutes to the Town Board . Susan Beeners asked the Board to add the following to the Agenda 1 ) to consider endorsement for a Proposed Grant Application Town of Danby Survey of Economic Resources and. 2) authorization of the Town Supervisor to send a letter of endorsement to the County Planning, Education and Development Committee requesting Circuit Rider Services . No Board Member objected . Scott Engelhart - Comfort Road - reported that he is interested in starting a small retail sales outlet for brick, block and cement supplies for masonry materials on a property located next to his home on Comfort Road. He submitted copies of his proposal for the Board to review for a Planned Development Zone and described the proposed project. Elizabeth Owens-Roe - 1820 Danby Road - reported that a large tree bordering the Town Hall Lot and her property is in very bad shape and may be in need of removal or serious repair. She believes that the tree is located on the property line shared by the Town and asked the Town to look at the . situation. Supervisor Oltz said that she would look into the situation and that if the tree is located on the property line that the Town would share the expense for repair or removal . County Representatives Report: Representative Proto reported on the following : 1 ) He has been appointed by the County to a special committee to work as the Human Services Coalition liaison. 2) Insurance - Cayuga Medical Center will accept Blue Cross/Blue Shield reimburses as full payment officially through February 1997 and they would like to extend that date . 3 ) Driveway at the West Danby Church - he has written to Senator Randy Kuhl regarding problems on N. Y. S . 34/96 . 4) Tompkins County Mission Vision and Goals Report - filed with the Town Clerk. He has submitted an article for the Danby Area News about the report. 5) Solid Waste Fee - has received many calls regarding the fee and charges for vacant buildings and apartments that do not generate any solid waste or recycling materials . There is no process in place for refunds for unfair charges and should be referred to the Tompkins County Solid Waste Division . 6) Taxpayers Group - a taxpayers group has been formed . 7) Comfort Road Project - is scheduled to be built this year. 8) Road Projects for funding - the Steam Mill Project submitted on behalf of the Town of Danby is under review and may be funded . 6 4 Town Board Minutes February 10, 1997 REPORTS Highway Report - Bill Hall reported that the Highway Department has been busy with general winter maintenance of our Town roads . The Town roads have suffered more damage this winter because of the weather. OLD BUSINESS : Proposed Local Law - A Local Law Amending Local Law No . 1 of 1996 Related to Angelheart Designs , Inc. A motion was made by Supervisor Oltz and seconded by Councilperson Inman that the Town. Board of the Town of Danby adjourn decision on the Proposed Local entitled "A Local law Amending Local Law No . 1 of 1996 Related to Angelheart Designs, Inc . to the March 1997 Meeting of the Town Board based on the expectation that the matter will be mute . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO . 18 OF 1997 - Adopted INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER By Councilperson Steiner : Seconded by Supervisor Oltz WHEREAS , Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Danby, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife , one of whom is 65 years of age or over, shall be partially exempt from taxation by said. Town for the applicable taxes specified in said Section 476 based upon the income of the owner or combined incomes of the owners , and WHEREAS, A person otherwise qualifying for such exemption shall not be denied such exemption if such person becomes sixty-five (65 ) years of age after the appropriate taxable status date and before December 31 of the same year, now be it RESOLVED , that the Town Board of the Town of Danby extend Graduated Income Tax Benefit to Senior Citizens as set forth in the following schedule : ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Up to and including $ 18 , 500 . 00 50 % More than $ 18 , 500 . 00 45 but less than $ 19 ,499 . 99 $ 19 , 500 . 00 or more but 40 less than $20 ,499 . 99 $20 , 500 . 00 or more but 35 less than $21 ,499 . 99 $21 , 500 .00 or more but 30 less than $22 , 399 . 99 $22 ,400 . 00 or more but 25 less than $23 ,299 . 99 " C E 5 Town Board Minutes February 10, 1997 $23 ,300 . 00 or more but less than $24, 199 . 99 20 % $24,200 . 00 or more but less than $25 , 099 . 99 . 10% and be it further RESOLVED, that this partial exemption provided by this resolution shall , however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York, and be it further RESOLVED, that application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate executed in the manner required or prescribed in such forms, and shall be filed in such assessor ' s office on or before the appropriate taxable status date, and be it further RESOLVED , that this resolution supersedes Resolution No . 19 of 1992 . A roll call vote on the resolution resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously NEW BUSINESS : Procedures and Time of Meetings Set Supervisor Oltz read the following statement to the Board : Roberts Rules of Order will be followed at all Town Board Meetings except when special roll call vote is necessary. Roll call will be alphabetical with the Supervisor voting last. All meetings will begin at 6 : 00 P. M. and terminate no later than 8 : 00 P . M. Method of claims for payment of all bills will be by voucher. Vouchers must be submitted no later than Thursday preceding Town Board Meeting . Vouchers may be submitted to the Supervisor or Town Clerk . The Town Board in accordance with Town Law AT103 will audit all bills . AU personnel matters will be discussed in executive session. Recommendations for County Committee and Board Appointments : Hillview Road Landfill Citizens Advisory Committee Appointment: Supervisor Oltz reported that she has received an application and resume from Ric Dietrich of 100 South Danby Road, Willseyville, New York for consideration of appointment to the Hillview Road Landfill Citizens Advisory Committee . RESOLUTION NO. 21 OF 1997- Adopted RECOMMENDATION FOR APPOINTMENT TO THE HILLVIEW ROAD LANDFILL CITIZEN ' S ADVISORY COMMITTEE By Supervisor Mary Oltz : Seconded by Councilperson Howard Steiner WHEREAS, a vacancy exists on the Hillview Road Landfill Citizen ' s Advisory Committee for a representative from the Town of Danby, and WHEREAS, Mr. Ric Dietrich of 100 South Danby Road, Willseyville, New York has served on this committee and has expressed interest in re-appointment to serve on this committee, now be it RESOLVED, that the Town Board of the Town of Danby recommends the re-appointment of Ric Dietrich of 100 South Danby Road, Willseyville, New York on the Hillview Road Landfill Citizen ' s Advisory Committee as a representative for the Town of :Danby for a three (3) year term that begins O6 6 Town Board Minutes February 10, 1997 immediately and expires on December 31 , 1999 . A roll call vote on the resolution resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO . 22 OF 1997 RECOMMENDATION FOR APPOINTMENT ON THE EMC( ENVIRONMENTAL MANAGEMENT COUNCIL) By Councilperson Inman : Seconded by Councilperson Steiner WHEREAS, a vacancy exists for a representative from the Town of Danby on the EMC (Environmental. Management Council) , and WHEREAS, Robert Roe of 1820 Danby Road, Ithaca, New York has expressed an interest in serving as a representative from the Town of Danby on the EMC , now it is RESOLVED, that the Town Board of the Town of Danby recommends the appointment of Robert C . Roe of 1820 Danby Road, Ithaca, New York to serve as a representative for the Town of Danby on the EMC (Environmental Management Council) for a three (3 ) year term that begins immediately and expires on December 31 , 1999 . A roll call vote on the resolution resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Town of Danby/Community Council Draft Contract : Supervisor Oltz submitted a Draft Contract between the Town of Danby and Community Council for review . Motion to Authorize Town Supervisor to Sign Contract Between the Town of Danby and Community Council sign a By Councilperson Steiner and seconded by Community Council after Supervisor has been Oltz ewed and Contract Between the Town of Danby approved by our Town Attorney . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Councilperson Schwartz reported that he is concerned that we no longer have a Youth Commission involved for oversight and planning . They are dysfunctional at this time . He suggested that Community Council should have a representative or liaison on the Youth Commission . Councilperson Steiner said that for the past two or three years the Youth Commission has not been functioning successfully. He said that they need to make a commitment to the Town to provide the services that they were set up to do in their agreement with the Town.. Susan Beeners said that the Town could expect that a residents survey may be mailed to all residents in September as part of a Planning Grant Proposal . ‘67 7 Town Board Minutes February 10, 1997 RESOLUTION NO. 23 OF 1997 RESOLUTION AMENDING RESOLUTION NO. 20 OF 1997 By Supervisor Oltz : Seconded by Councilperson Inman WHEREAS, the title of Resolution "Notice of Election of the Town of Danby to Secure Workers ' Compensation as a Self-Insurer" is incomplete, now be it RESOLVED, that the Town Board of the Town of Danby amends Resolution No . 20 as follows : AMENDMENT TO RESOLUTION NO. 20 OF 1997 - Adopted NOTICE OF ELECTION OF THE TOWN OF DANBY TO SECURE WORKERS ' COMPENSATION AS A SELF-INSURER THROUGH "PERMA" (PUBLIC RISK MANAGEMENT ASSOCIATION, INC.) By Supervisor Oltz: Seconded by Councilperson Inman WHEREAS , the Town of Danby has changed insurance carriers for Workers ' Compensation Insurance, and WHEREAS, Election to secure Workers ' Compensation in accordance with subdivision 4a of Section fifty has been duly made and becomes effective January 1 , 1997, now therefore be it RESOLVED, that the Town of Danby files this notice with the Workers ' Compensation Board in accordance with the subdivision 4a of the Workers ' Compensation Law. A roll call vote on the resolution resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 24 OF 1997 APPROVAL TO PURSUE PURCHASE OFFER OF TOWN OF DANBY TAX PARCEL NO. 10.-1 -24 ADJACENT TO TOWN HALL By Supervisor Oltz : Seconded by Councilperson Steiner WHEREAS, the property adjacent to the current Town Hall on the south, owned by Erie J. Miller, Jr. has been offered to the Town of Danby; and WHEREAS, it is in the Town ' s interest to acquire such land for future use by the Town in providing facilities for various Town purposes; and WHEREAS, there are surplus funds available in the Town' s budget for the acquisition of such property, now, therefore, be it RESOLVED, by the Town Board of the Town of Danby as follows : Section 1 . The Town of Danby acquire premises known generally as tax parcel No . 10 . - 1 -24, located on Route 96B immediately adjacent to the Town Hall premises for a purchase price of $ 6,000 . 00, all in accordance with the terms of a proposed purchase offer presented to this meeting by the Town Supervisor. Section 2 . The purchase price for said acquisition be paid for out of surplus funds of the Town. Section 3 . The Town Supervisor be, and she hereby is, authorized to execute said purchase offer with such changes therein as the Town Supervisor, with the advice of the Attorney for the Town, may deem necessary or appropriate . Section 4. The Town Supervisor be, and she hereby is, authorized to arrange for the preparation of a title abstract, the obtaining of a survey, and preparation of the 8 Town Board Minutes February 10, 1997 appropriate documents necessary to effect the transfer and to obtain the information necessary to determine whether the contingency set forth in the proposed purchase offer can be met, at a cost not to exceed $ 1 ,000 . 00 , to be expended out of surplus funds . Section 5 . The Town Supervisor be, and she hereby is, authorized to execute such instruments, documents, affidavits , or other materials as she in her judgement, with the assistance of the Attorney for the Town, deems necessary or appropriate in order to effectuate the intent of this resolution. A roll call vote on the resolution resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Letter to Barbara Blanchard - Chairman of the County A motion was made by Councilperson Steiner and seconded by Supervisor Oltz that the Town Board authorize the Town Supervisor to send a letter to Barbara Blanchard, Chairperson of the County Planning and Development Committee approving assistance of the County Circuit Rider, dated February 10 , 1997 . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of Supervisor to send letter from the Town of Danby to Mr. Joseph Sovinsky, NYS Division of Housing and Community Renewal approved by Board. Approval for Grant Application for Reconnaissance Level Survey of Historic Resources A motion was made by Councilperson Steiner and Seconded by Councilperson Inman that the Town Board of the Town of Danby enthusiastically endorses the application by Olivia Vent for a Town of Danby Reconnaissance Level Survey of Historic Resources and that a letter be sent to Olivia Vent . A roll call vote on the motion resulted as follows : Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 8 : 35 P . M . Q i l l i p �C�(J cdel &1 ) Carol W . Sczepanski o n Clerk min-2 - 10 . 97