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HomeMy WebLinkAbout1997-03-10 ar 1 Town Board Minutes March 10, 1997 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 6 : 00 P.M. March 10, 1997 PRESENT : Supervisor Mary Oltz Councilpersons : Edward Inman, Rosa Lee Johnson, Howard Steiner ABSENT : Councilperson Schwartz Others Present: Town Clerk - Carol W . Sczepanski Code Enforcement Officer - Susan Beeners NYSEG Representative - Denise Gireux Members of the Public Robert Roe, Roy Casterline , Mike Marisa, Mary Lou Hardesty Supervisor Oltz called the meeting to order at 6 : 04 P . M . The Town Board audited the vouchers submitted on Warrants No . 3 of 1997 for approval for payment. APPROVAL OF WARRANTS : General Fund Warrant No . 3 of 1997 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the General Fund Warrant No . 3 of 1997 , voucher numbers 57- 89 in the amount of $6, 351 . 18 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously Highway Fund Warrant No . 3 of 1997 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Johnson to approve the Highway Fund Warrant No . 3 of 1997, voucher numbers 35 - 52 in the amount of $49 ,010 . 00 . The Town Board discussed looking into having a private contractor to haul salt, gravel ; sand, etc . as a cost saving measure . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously West Danby Water District Fund Warrant No . 3 of 1997 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the West Danby Water District Fund Warrant No . 3 of 1997, voucher numbers 7 -9 in the amount of $643 . 06 . A roll call vote on the motion resulted as follows : 67O 2 Town Board Minutes March 10 , 1997 Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously Town Clerk' s February 1997 Report - Approved A motion was made by Councilperson Inman and seconded by Councilperson Johnson to approve the Town Clerk ' s February 1997 Report as submitted . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously Supervisor' s February 1997 Report - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Johnson to approve the Supervisor' s February 1997 Report . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Steiner Aye Carried NYSEG - PRESENTATION - NATURAL GAS PROPOSAL Denise Gireux of NYSEG Commercial Industrial Marketing Gas Sales addressed the Town Board with an economic analysis for providing natural gas to the Town Hall and the Town Highway Barns on Hornbrook Road. She presented a comparison of the cost per gallon (therm) for propane gas and natural gas that was based on actual usage . She said that prices have increased in price for natural gas due to deregulation and that the price that the Town pays for propane is very reasonable and a little cheaper than the NYSEG rate . Every new account has an option of choice of a non utility independent supplier for natural gas service .. She encouraged the Town to look at all the suppliers of gas transportation for guaranteed supply. Denise supplied the Town Board with gas transportation suppliers and prices for the Board to review. A farm tap option is available to the Town in 1997 for a cost of $ 3 , 082 . 00 After 1997 a farm tap can be installed and the cost would be based on actual construction costs . PRIVILEGE OF THE FLOOR : Councilperson Steiner asked the Town Board to consider advertising again for bids to sell the Old Town Barns located on Bald Hill Road . Discussion followed regarding advertising the Highway Barns through real estate agencies . Susan Beeners reported that the lot size is 1 . 6 acres and is zoned as a residential property . The property was appraised at $ 55 ,000 . 00 and the assessment is considerably higher. Councilperson Steiner will contact the Tompkins County Division of Assessment and ask for a new assessment or an adjustment of the assessment for the Old Town Barns property. Susan Beeners reported that Charles Slough of Cooperative Extension will address the Planning Board on Wednesday, March 19, 1997 and that the Planning Board will have a working session with Rebecca Lubin on Wednesday, March 26 , 1997 . Roy Casterline reported that the unpaved section of Bald Hill Road is in bad shape . 6' 7/ 3 Town Board Minutes March 10, 1997 COMMUNICATIONS : 1 ) The Supervisor' s Annual Report for 1996 has been filed with the Town Clerk and the New York State Comptroller. 2) A contract between the Town of Danby and Community Council has been signed and filed • I with the Town Clerk. 3 ) The Architect ' s Agreement for the Restoration/Addition to the Town Hall has been signed withHH & G. REPORTS : EMC - Robert Roe reported that the EMC met on February 12, 1997 . They are looking for recommendations for the Governor ' s Awards for Pollution Prevention and they have applications available . The deadline for submission is March 14 with an award to be presented on June 3 , 1997 . He said he will volunteer to serve on the Environmental Review Committee . The recycling concerns and the closure of additional outlying sites were addressed again and Groton may try to retain their center. The DEC has free seedlings available for schools and the deadline is March 25 , 1997 . The Waterfront Development is on the agenda for the next meeting on March 12 , 1997 . Bob reported that he has heard concerns from residents regarding 1 ) the amount of salt used on our roads and, 2) that there are turbine blades that have been dumped in Treman State Park in the area known as the Sheep Hole . Highway Report - February 1997 report received . Code Enforcement Office - February 1997 report received. SPCA - January 1997 report received. NEW BUSINESS : RESOLUTION NO 25 OF 1997 APPOINTMENTS TO LOCAL ADVISORY BOARD OF ASSESSMENT REVIEW 1997 By Supervisor Oltz : Seconded by Councilperson Steiner WHEREAS,the Local Advisory Board of Assessment Review for the Town of Danby is scheduled to meet on Thursday, May 15 , 1997 from 3 : 00 to 6 : 00 P .M. at the Danby Town Hall, 1830 Danby Road, Ithaca, New York, and WHEREAS, the Town of Danby Town board must appoint two (2) representatives to serve on the Local Advisory Board of Assessment Review, now be it RESOLVED, that the Town of Danby Town board appoints Edward Inman and Howard Steiner to serve on the Local Advisory Board of Assessment Review on Thursday, May 15, 1997 from 3 : 00 to 6 : 00 P . M. A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 26 OF 1997 ENDORSEMENT OF HISTORIC RESOURCE SURVEY GRANT APPLICATION By Councilperson Steiner: Seconded by Supervisor Oltz WHEREAS, the Town of Danby is in need of a survey of its historic resources, which survey would be an important component of Town comprehensive planning and economic development work; and WHEREAS, Olivia Vent, a Town resident, has offered to prepare an application for a grant from the New York State Council on the Arts for funding assistance in conducting a historic resource 707 4 Town Board Minutes March 10, 1997 survey; now, therefore , it is RESOLVED , that the Town of Danby Town Board hereby endorses the preparation of such an application, subject to further approval of any proposed direct costs by the Town Board . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 27 OF 1997 AUTHORIZING ENFORCEMENT ASSISTANCE FROM CODE ENFORCEMENT OFFICE ASSISTANT By : Supervisor Oltz : Seconded by Councilperson Steiner WHEREAS , Donna B . Inman, Code Enforcement Office Assistant, has completed the requisite training courses through the New York State Department of State to conduct enforcement of the New York State Uniform Fire Prevention and Building Code ; and WHEREAS, Susan C . Beeners, Code Enforcement Officer, has recommended to the Town Board that the Code Enforcement Office Assistant be permitted to enforce the New York State Uniform fire Prevention and Building Code, the Town of Danby Zoning Ordinance and other laws and regulations, the enforcement of which is the duty of the Code Enforcement Officer; now, therefore, it is RESOLVED, that the Town of Danby Town Board and the Town Supervisor hereby approves and authorizes Donna B . Inman, Code Enforcement Office Assistant, to act under the supervision and direction of the Code Enforcement Officer and to exercise any portion of the powers and duties of the Code Enforcement Officer as directed by that Officer . Discussion : Supervisor Oltz said that this resolution approves of Donna Inman to work under the direction of the Code Enforcement Officer for inspections of building properties and other duties that are necessary to enforce the Code Enforcement in the Town of Danby. Councilperson Johnson said that she could approve as long as the assistant was working under the supervision of the Code Enforcement Officer. A roll call vote on the resolution resulted as follows : Inman Abstained Johnson Aye Steiner Aye Oltz Aye Carried • Surplus Monies to be Added to Town Building Reserve Fund and Town Machinery and Equipment Reserve Fund : Supervisor Oltz reported that there are funds in the amount of $4,275 . 00 from the unused General Fund Balance of 1996 to be added to the Building Reserve Fund that was established by Resolution No . 57 of 1994 and unused Highway Funds in the amount of $ 59 ,600 . 00 be added to the Town Machinery and Equipment Reserve Fund established by Resolution No . 56 of 1995 . Supervisor Oltz introduced Resolution No . 28 and No . 29 of 1997 as follows : 73 5 Town Board Minutes March 10, 1997 RESOLUTION NO. 28 OF 1997 APPROVAL FOR SURPLUS MONIES TO BE ADDED TO TOWN BUILDING RESERVE FUND By Supervisor Oltz : Seconded by Councilperson Johnson WHEREAS; a capital reserve fund was established by Resolution No . 57 of 1994 entitled "TOWN BUILDING CONSTRUCTION, REPAIR OF FACILITIES AND COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT RESERVE FUND OF THE TOWN OF DANBY" under section 6c of the General Municipal Law, and WHEREAS, there are surplus monies now on hand and not otherwise appropriated for use in 1997 in the amount of Four Thousand Two Hundred Seventy-five Dollars ($4,275 . 00) , now therefore be it RESOLVED, that these surplus monies be added to this capital reserve fund established by Resolution No . 57 of 1994 . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 29 OF 1997 APPROVAL FOR SURPLUS MONIES TO BE ADDED TO TOWN MACHINERY AND EQUIPMENT RESERVE FUND By Supervisor Oltz : Seconded by Councilperson Johnson WHEREAS, a capital reserve fund was established by Resolution No . 56 of 1995 entitled "TOWN MACHINERY AND EQUIPMENT RESERVE FUND OF THE TOWN OF DANBY FOR PURCHASES OF FIFTY THOUSAND DOLLARS ($ 50,000 . 00) OR MORE" under section 6c of the General Municipal law, and WHEREAS, there are surplus monies now on hand and not otherwise appropriated for use in 1997 in the amount of Fifty-Nine Thousand Six Hundred Dollars ($ 59, 600 . 00), now therefore be it RESOLVED, that these surplus monies be added to this capital reserve fund established by Resolution No . 56 of 1995 . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously OLD BUSINESS : Partial Tax Exemption for Real Property Owned by Persons With Limited Incomes who are 65 Years of Age or Over Resolution No . 18 of 1997 that is entitled "Increasing the Partial Tax Exemption for Real Property Owned By Persons with Limited Incomes who are 65 Years of Age or Over" was incorrect in the cut off limitation of the NYS allowances and needs to be adjusted and amended to a cut off limit of the 20% allowable level . An amendment to Resolution No . 18 of 1997 has been placed on the Agenda. RESOLUTION NO. 30 OF 1997 AMENDMENT TO RESOLUTION NO. 18 OF 1997 - 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 7V 6 Town Board Minutes March 10, 1997 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 $23 ,300 . 00 or more but 20 less than $24 , 199 . 99 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 . Discussion: Councilperson Johnson supports an exemption at the 10% level . A roll call vote on the resolution resulted as follows : e 7LC 7 Town Board Minutes March 10, 1997 Inman Aye Johnson Nay Steiner Aye Oltz Aye Carried Proposed Local Law Amending Local Law No. 1 of 1996 Supervisor Oltz reported that the Town has not made a decision on the Proposed Local Law .; Am. mending Town of Danby Local Law of No . 1 of 1996 . Susan Beeners reported that she has submitted a letter to the Town Clerk regarding a tentative date for the closure on a land purchase for Angelheart Designs, Inc . The closure is expected to occur before the end of March 1997 and Angelheart Designs, Inc . have asked that no action be taken regarding the Proposed Local Law. Motion to Adjourn Decision on Proposed Local Law Amending Local Law No. 1 of 1996 : A motion was made by Supervisor Oltz and seconded by Councilperson Steiner to Adjourn Decision on the Proposed Local Law Amending Local Law No . 1 of 1996 entitled "A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO MODIFY THE BOUNDARIES AND ESTABLISH A MODIFIED GENERAL SITE PLAN FOR PLANNED DEVELOPMENT ZONE NO . 10 , COMPRISED OF A PORTION OF TOWN OF DANBY TAX PARCEL NO . 9 .- 1 -9 . 12, LOCATED ON THE SOUTH SIDE OF GUNDERMAN ROAD WEST OF COMFORT ROAD" . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Steiner Aye Oltz Aye Carried Unanimously Interviews for Planning Board Appointment Supervisor Oltz reported that interviews have been scheduled for Thursday, March 13 , 1997 , beginning at 4 : 00 P .M. for possible candidates to fill a vacancy on the Planning Board . Chairperson Kenneth Horst has been invited to sit in on the interviews . Planning Board Request for Funding : Councilperson Steiner reported that on January 15 , 1997 the Planning Board passed a resolution recommending that the Town Board be requested for funding to cover 50% of the cost of a proposed economic development project. Discussion: Councilperson Johnson asked if a grant had been obtained for the proposed economic development project. Susan Beeners reported that since the Planning Board request of January 15 , 1997 they have requested $2,000 .00 for staff time and services from Tompkins County Planning. She suggested that the Board defer the Planning Board request for funding until the direct cost of the project has been determined. The Town has also submitted an application for Planning Federation Grant. If awarded the Town will receive notification in July 1997 . Councilperson Steiner asked the Code Enforcement Officer to submit a proposed resolution to the Town Board requesting the amount of funding for the proposed economic development project describing exact expenses . He said that he is in favor of providing funds to get the technical support necessary to accomplish our goals . Town Attorney - Town Hall Project: The Town Board met with Town Attorney, John Barney to discuss the Town Hall Building 8 Town Board Minutes March 10, 1997 Renovation/Addition Project. Supervisor Oltz reported that the Town Board has reviewed two (2) plans for the Town Hall Renovation/Addition project that were submitted by the Building Committee . The original floor plan that was submitted to architects for proposals is posted in the Town Hall for the public to view. The architect (H H & G) has prepared a slightly different floor plan for the proposed addition . She said that she thinks that the new plan may be a substantial change and it may be necessary to go to referendum for public approval . She asked the Town Attorney to review the plans to determine whether the new plan is a substantial change form the first plan . Attorney Barney reported to the Board that they have adopted a resolution that approved of renovation, demolition of the back of the building, and the addition of a new wing for office space . The resolution did not mention design. The scope of the project for renovation and a new addition remains the same . Councilperson Steiner reported that two (2) building committees worked with Demjanic & Associates on the Proposed Town Hall Project. After reviewing many proposals and interviewing applicants the Board accepted the Bid of H H & G Architects . Councilperson Johnson said that she has not ever approved of the original plan that was approved by the Board. It was her perception that the resolution and referendum were to approve of whether we kept the old Town Hall and renovated or whether we would build a new building . The people with whom she has talked to thought that they were voting on the concept of restoring the old building verses building the new facility . Councilperson Inman said that the at any time the design was shown it was stated that it was subject to change . The Town is in the process of purchasing an adjacent parcel to the Town Hall that will allow additional parking space and an additional entrance to the building . Attorney Barney said that resolution passed by the Board did not mention any specific design. There does not appear to be a substantial change as there were no elevations, and the new proposed floor plan is basically the same square footage as presented in the original proposed basic plan. Attorney Barney said that any deviation has a potential for being a problem . Supervisor Oltz said that she would rather go for a referendum to approve a new plan so that the public can voice an opinion. Attorney Barney said that the most conservative course would be to get the design pinned down a little more precisely, adopt a new resolution subject to a public referendum to see if residents object to the change . If no petition is filed then a referendum would not be necessary. Susan asked if the Town what a second referendum would it be on? Would it be on a specific building design development plan? She said we are not talking about drawings as the old resolution did not mention drawings and it seems to her that the best course of action is to pick one of the plans to determine cost estimates . Supervisor Oltz said that H H & G has requested a topographical survey of the Town Hall site. They need to know what the surface runoff is for the placement of footers, placement for the septic system and grading for the site . Meeting with Architect Scheduled Supervisor Oltz will schedule a meeting with the architect for Thursday, March 20, 1997 late afternoon. The Architect has requested detailed office layouts for office space needs and furniture placement . Old Town Barn Property : Councilperson Steiner said that the Town has an appraisal for $ 55 ,000 . 00 and an assessment of $ 170 ,600 . 00 on the Old Town Barns property on Bald Hill Road . The Town has advertised the 77 9 Town Board Minutes March 10, 1997 property twice for bids in an effort to sell the property . The bids received on the property were far below the appraised value . Attorney Barney said that the Town has already gone through the correct process. It can be set up for an auction with the advertisement for bids . If no bids are received, it can be sold through a relator. The Town must adopt resolution declaring the property a surplus property and advertised as subject to a permissive referendum. Preparations will be made to declare the Old Town Barns a surplus property. . ADJOURNMENT : On a motion the meeting adjourned at 8 : 50 P . M . ad," dj Carol W . Sczepa} k,Town Clerk min-3 - 10 . 97