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HomeMy WebLinkAbout1997-10-13 1 Town Board Minutes October 13, 1997 TOWN OF DANBY TOWN BOARD MINUTES OCTOBER 13 , 1997 Regular Meeting 6 : 00 P. M. PRESENT : Supervisor Mary Oltz Councilpersons : Mary Lou Hardesty, Edward Inman, Joseph Schwartz, Howard Steiner Others Present: Carol W. Sczepanski - Town Clerk Highway Superintendent - William Hall Code Enforcement Officer - Susan Beeners Members of the Public : Robert Roe, Elizabeth Owens-Roe, Pat Woodworth, Barkley Porter, Roy Casterline, Scott Hoffay, Margaret Shepard, Joel Gagnon, Esther Dotson, Amy Cusimano, Naomi Strichartz, Charles D. Cole, Charles Tilton Supervisor Mary Oltz called the meeting to order at 6 : 05 P . M . and led all present to the Pledge of Allegiance to the American flag. PRIVILEGE OF THE FLOOR: Councilperson Hardesty asked that the Board discuss a letter she wrote to Tompkins County Trust Company to confirm a conversation with Rich Doldge regarding ATM and banking services for the Danby area. Members of the Public : Pat Woodworth - 305 Gunderman Road - has looked over some of the financial records of Community Council and thinks that some things have not been handled particularly well . There have been recent changes and a system set up that can be followed easily. She said that she is concerned that the Town is not providing services for teens and other programs for the community. Amy Cusimano - 3 Jennings Pond Road - reported that some programs of Community Council did submit financial reports to the Community Council and to the Town Board . Councilperson Steiner commented with regards to the role of the Town Board . He reported that Community Council is a separate organization, operate under the by-laws of the State of New York and their corporation is not within the authority of any member of the Town Board to be involved in the operation of that entity. Community Council requests for funding are submitted to the Board for consideration during the budget process on an annual basis . There are some members of Community Council who recognized there were limited services being provided, that there was opportunity for funding for additional services and were working very hard to achieve that objective . Councilperson Schwartz said that Community Council is a separate independent entity and their services are needed. The Town ' s relationship is contractual . The current situation is an opportunity for Community Council to get a fresh start and to look at how other towns provide services to their communities . Supervisor Oltz said that when Community Council become incorporated they hired their own bookkeeper and set up their own bookkeeping system . The Town was no longer involved and Community Council was responsible for filing all their own reports . I O U Q 2 Town Board Minutes October 13 , 1997 APPROVAL OF MINUTES : Town Board Minutes - Public Hearing Minutes of August 25, 1997, Town Board Public Hearing Minutes of September 8 , 1997 and Town Board Meeting Minutes of September 8 , 1997. A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the August 25 , 1997 Public Hearing Minutes, September 8 , 1997 Public Hearing Minutes and September 8 , 1997 Meeting Minutes as published . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADDITIONS TO THE AGENDA: 1 ) Pat Woodworth requested that Community Council be added to Reports on the Agenda. 2) Councilperson Schwartz requested the Supervisor to call Executive Session to discuss the CSEA Contract negotiations . 3 ) Code Enforcement Officer, Susan Beeners asked the Board to set a date for the Fieldstone Circle Subdivision to consider the acceptance of roads . No Board member objected . COMMUNICATIONS : 1 ) Supervisor' s Fiscal Year 1998 Tentative Budget - filed with the Town Clerk. 2) Memo - Update North East Homes - Sept . 29 , 1997 3 ) Memo - North East Homes - October 8 , 1997 4) Letter from Community Council dated October 13 , 1997 REPORTS : SPCA - July 1997 Report received Code Enforcement Office September 1997 Report received . Highway Department September 1997 Report received . EMC Report - Robert Roe reported that the EMC a series of workshops and informative sessions will be held in the County at Cooperative Extension : 1 ) October 21 , 1997 from 7 : 00 - 9 : 00 P . M . - Introduction to Watersheds Workshop ; 2) November 18 , 1997 - 7 : 30 - 9 : 00 P . M . Agricultural Practices that Protect Water Quality workshop ; 3 ) October 28 , 1997- 7 : 00 - 9 : 00 P .M . at the Cayuga Nature Center - 7 : 00 - 9 : 00 P . M . (a $ 5 . 00 fee will be charged) Aquatic Exotics - the language of foreign plants and animals that are moving into lakes and streams ; 4) Cayuga Lake Watershed Mini Conference on November 13 , 1997 - 9 : 00 A . M . - 4 : 00 P .M (A $ 10 fee will be charged.) At the Cayuga Nature Center. There is some debate about cellular towers in Tompkins County. Due to controversy regarding the cellular towers , communities are now stressing the need for ordinances to control cellular towers . Mr. Roe will forward several ordinances that are now in existence in other areas regulating the use of cellular towers to the Town Board to consider. He said that his term as the EMC Representative for the Town of Danby expires on December 31 , 1997 and he has completed an application for reappointment and asked the Town Board to consider a recommendation for his reappointment. X59 3 Town Board Minutes October 13 , 1997 Highway Superintendent Report : Highway Superintendent William Hall reported that he has received a response from New York State Department of Transportation and Tompkins County Department of Transportation regarding the request for reducing the speed limits on County Roads located in the Town of Danby. The requests for Pond Road and Gunderman Road will be investigated . Coddington Road, West Miller Road , Comfort Road, Durfee Hill Road, Nelson Road, and Leib Road will not be considered for a reduced speed limit. Amy Cusimano said that she has talked with the County Highway Superintendent and the Pond Committee is requesting that a sign be placed on the corner of Bald Hill Road and Jennings Pond Road because of the pedestrian traffic and children going to the pond. Code Enforcement Office Report Susan Beeners said that she is meeting with Attorney Barney regarding the Delta Kappa Fraternity to look at ways to accelerate the action of closing the facility . Councilperson Steiner asked if there were someone in attendance to report on the status of the Danby Community Building site search and if there had been any consideration of returning donations made to the building fund . Margaret Shepard reported that the task force was still in existence and they are attempting to meet with the Superintendent of Schools regarding the use of the Danby School . At a Community Council Meeting they voted to freeze the building fund as it has always been a separate account. Building Fund donations could be returned to donors if approved by the Community Council . Most of the funds were raised through community fund raising efforts and only a few through individual donations . Discussion followed regarding the approved site for a Community Center Building. Elizabeth Owens-Roe said that her perception is that whether it is a site search or whether it is a reorganization of the Building Committee it will be worked out over the next few months . The Community Building issue is at a stand still and it would be inappropriate to move ahead at this time . Margaret Shepard said that at a September 12 , 1997 Community Council Meeting a vote was taken ( 12-2) to endorse the task force that had originally been appointed by the Planning Board but with the stipulation that the task force be open to other people who are willing to pitch in. It was open ended and the November 30th date was not mentioned because it was realized that at this point it was going to take a lot longer than November 30th to come up with something realistic and workable . The time line at this point is open. Joel Gagnon said that the intention was when that motion was made and the task force reconstituted was that essentially they had as much time to pursue alternatives as there was until such point as we decided to go ahead with the Comfort Road site . The thing that was limiting was the fund raising aspect and that will take some time for applications , etc . . In the meantime the other work can proceed. Esther Dotson said that until a needs survey has been completed it is hard to know what needs would be filled by a center. Councilperson Steiner said that he would like to know how the Planning Board was progressing with the Comprehensive Plan. Susan Beeners said that she could supply a Planning Board Agenda for the next meeting on Wednesday, October 15 , 1997 . The Planning Board has scheduled a regular meeting once a month with a work session starting at 7 : 00 P . M . with the County Circuit Rider. If there are development applications they are being scheduled for a special meeting so as not to interfere with the work sessions of the Board . 67 4 Town Board Minutes October 13 , 1997 Community Council Report : Pat Woodworth reported that she was elected the interim treasurer of the Community Council and has submitted a financial report to the Town Supervisor. All current bills have been paid or are scheduled to be paid and that includes payment from United Way to the Senior Citizens . A Workmen' s Compensation refund has been received but was not included in the report. The Community Council passed a resolution to request from the Town of Danby Town Board that the Danby To Board request $2, 137 .41 from the County Youth Bureau to cover the liability insurance from June 1997 - June 1998 . The County Youth Bureau has indicated that the liability insurance can be covered as they have set aside money for Danby for the pre- school and after school programs . With the elimination of the pre-school and after school programs three employees have applied for Unemployment Inusrance . Method of payment for the claims is undecided at this time and Community Council is in the process of filing an appeal regarding payments to New York State for Unemployment. The Unemployment Appeal must be made by October 24 , 1997 . Councilperson Schwartz said that the Board must consult with the Town Attorney regarding the request for unemployment compensation . Councilperson Steiner said that he would like to see some sort of a stipulation that the money from Tompkins County Youth Bureau is earmarked specifically for St. Paul Fire and Marine Insurance Company to cover the liability insurance from June 25 , 1997 through June 25 , 1998 . Motion to Adjourn to Executive Session A motion was made by Supervisor Oltz and seconded by Councilperson Steiner to adjourn to Executive Session to discuss progress with the CSEA and Town of Danby Highway Department Contract negotiations at 7 : 00 P . M . Meeting Reconvened at 7 : 15 P .M. Supervisor Oltz declared the meeting reconvened at 7 : 15 P .M . OLD BUSINESS : Authorization for Certificate of Occupancy - Fieldstone Circle A draft resolution was presented and reviewed by the Board for authorization for a Certificate of Occupancy for a house located at 120 Fieldstone Circle (building permit No . 1706) . The Board made minor amendments to the draft resolution and passed the following : Susan Beeners said that for the record it shall be noted that the Highway Superintendents current recommendation is that $20,000 .00 be held until May 31 , 1999 for remedial work on the roads if any is needed. The amount of $20,000 .00 is to cover the costs in the event that if there was substantial damage to the surface with drainage . RESOLUTION NO. 61 of 1997 AUTHORIZATION FOR CERTIFICATE OF OCCUPANCY UPA CY FIELDSTONE CIRCLE By Councilperson Steiner : Seconded by Councilperson WHEREAS, Scott Hoffay, agent for North East Homes and for Fieldstone Circle Subdivision has requested that a Certificate of Occupancy for the house under construction under Building Permit # 1706, at 120 Fieldstone Circle, be issued prior to final completion and conveyance of the roads and associated improvements in Fieldstone Circle Subdivision, and • WHEREAS, Mr. Hoffay and the Town Code Enforcement Officer have reported that the New York r State Department of Transportation has approved the drainage work for said subdivision; and WHEREAS , a revised map showing the drainage easements to be deeded to the Town has been • submitted by Mr. Hoffay ; and WHEREAS, the roads to be conveyed to the Town have been substantially completed but require some corrective work as required by the Highway Superintendent and Mr . Hoffay has reported that 7 6. 1 5 Town Board Minutes October 13 , 1997 such work is expected to be completed before October 27 , 1997 ; and WHEREAS, a contract has been executed between North East Homes and the buyers of the premises at 120 Fieldstone Circle and the buyers are anxious to move into the premises ; and WHEREAS,the Town Code Enforcement Officer has indicated that the construction of the building on the premises at 120 fieldstone Circle is in compliance with all building code requirements ; NOW, THEREFORE, it is RESOLVED,that the Town Board of the Town of Danby authorizes the Code Enforcement Officer of the Town of Danby to issue a Certificate of Occupancy for the house under construction under Building Permit # 1706 provided that the Code Enforcement Officer receives an engineering report from a New York State Licensed Engineer certifying that the proposed drainage arrangements as disclosed on said map are adequate for the drainage system for the subdivision; and it is further RESOLVED, that no further building permits or certificates of occupancy are to be issued in connection with the Fieldstone Circle Subdivision until there has been final completion and conveyance of the roads and public improvements in Fieldstone Circle Subdivision to the satisfaction of the Town Board, Town Highway Superintendent, Code Enforcement Officer, and Attorney for the Town ; and it is further RESOLVED, the acceptance of the conveyance of the roads of said subdivision is subject to provision, upon recommendation of the Town Highway Superintendent, or either a performance bond or letter of credit in form and substance satisfactory to the Town Board, Town Highway Superintendent, Town Code Enforcement Office , and Attorney for the Town, in the amount of $20,000. 00, providing security for the obligation of the developer to maintain such roads until May 1 , 1999 (for this purpose maintenance shall not include provision of snow and ice removal services which activities may be assumed by the Town upon conveyance of the roads to the Town) ; and it is further RESOLVED, that such conveyance be conditional upon the Town ' s receipt of the following prior to or concurrently with such conveyance : 1 ) An agreement evidencing the obligation to maintain said roads as set forth in the immediately preceding paragraph in form and substance satisfactory to the officers named in the immediately preceding paragraph; 2) All remedial work presently known to the Town Highway Superintendent be completed prior to such conveyance ; 3 ) Receipt of the above referenced performance bond or letter of credit; 4) Reimbursement to the Town of its expenses as called for in the agreement between the Town and the developer executed in 1994 ; and 5) Delivery of a properly executed deed and related title documents in form and substance satisfactory to the Attorney for the Town; and 6) Receipt of all other documentation and completion of all other work that has been referenced in prior resolutions of the Town board and the Planning Board relating to this project, and all other matters required to be completed in accordance with all prior agreements between the developer and the Town relating to this project; and it is further RESOLVED , that the adoption of this resolution does not waive any of the usual requirements imposed upon the developer as preconditions to acceptance of roads and associated public improvements including formal acceptance of said roads after its completion by resolution of the Town board, and it is further I62 6 Town Board Minutes October 13 , 1997 RESOLVED, that the Town Board hold a special meeting on October 27 , 1997 at 6 : 30 p . m . to consider this matter further and if the project has not been completed to the satisfaction of the Town Board, that the Town Board then authorize the Town Supervisor to issue a draft against the letter of credit presently on file for those expenses the Town reasonably anticipates to be needed in order to complete the project unless an agreement has been reached by the developer and officials of the Town for extension of the current letter of credit to a date and in an amount satisfactory to the officers negotiating same and such extension is approved by this Board at the meeting on October 27 , 1997 . A roll call vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Carried Unanimously Oltz Aye NEW BUSINESS : Public Hearing Date Set - Rice Landscaping The Town Board has received a recommendation from the Planning Board that the General Site Plan entitled " Site Plan, No . 1428 Danby Road" , prepared by Rice Landscaping, Inc . , Nancy Rice , dated September 3 , 1997 be approved, and recommends that the Town Board establish said zone pursuant to the proposed local law. The Board reviewed the Rice Landscaping Application and materials and set a public hearing date . Motion to Set Public Hearing Date - Rice Landscaping A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to hold a pufor blic hearing on Monday, October 27 , 1997 at 6 : 00 p . m. to hear the Rice Landscaping Proposal follow a rezoning of a property located at 1428 Danby Road. A special meeting of the Board will the public hearing. A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Carried Unanimously Oltz Aye I i 1 Budget Workshop Dates Set A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to set the following dates for the Fiscal Year 1998 Budget Workshops : Thursday , October 16 , 1997 - 5 : 00 P .M . } Thursday, October 23 , 1997 - 5 : 00 P .M . Thursday , October 30 , 1997 - 5 : 00 P .M . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Carried Unanimously Oltz Aye Motion to set Public Hearin Date - Prelimina Bud et 1998 • A motion was made by Councilperson Steiner and seconded by Supervisor Oltz to set the Public 63 7 Town Board Minutes October 13 , 1997 Hearing date for the Town of Danby Fiscal Year 1998 Preliminary Budget for Wednesday, November 5 , 1997 at 6 : 00 P . M . . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Community Council Request for County Youth Bureau Finding - Approved Community Council has requested that the Town of Danby request funds f rom Tompkins County Youth Bureau in the amount of $2, 137 .41 specifically to pay St. Paul Fire and Marine Corporation for an insurance policy from June 25 , 1997 to June 25 , 1998 for youth programs . The following resolution was introduced and approved . RESOLUTION NO. 62 of 1997 REQUEST FOR COUNTY YOUTH BUREAU FUNDS By Councilperson Schwartz : Seconded by Councilperson Steiner WHEREAS, the Town Board of the Town of Danby desires that the Danby Community Council can successfully reorganize and create new programs , and WHEREAS, the County Youth Bureau has made available $ 2 , 1 37 . 41 specifically to help pay Community Council ' s insurance policy from June 1997 through June 1998 ; now, therefore be it RESOLVED, that the Town of Danby Town Board request Supervisor Mary Oltz to contact Janice Johnson at the Tompkins County Youth Bureau and request the Tompkins County Youth Bureau to transfer $2 , 137 .41 specifically to pay The Saint Paul Insurance Company to cover said Community Council Liability Policy from June 1997 through June 1998 . A roll call vote on the resolution resulted as follows : Hardesty Aye Inman Aye 1 Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of Town Clerk' s September 1997 Report A motion was made by Councilperson Steiner and seconded by Councilperson Inman to accept the Town Clerk' s September 1997 Report as submitted . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of Town Supervisor' s September 1997 Report A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the Town Supervisor ' s September 1997 Report. 64 8 Town Board Minutes October 13 , 1997 A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Carried Unanimously APPROVAL OF WARRANTS : West Danby Water District Fund Warrant No . 10 of 1997 A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the West Danby Water District Fund Warrant No . 10 of 1997 voucher numbers 34 - 38 in the amount of $ 790 . 84 . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Carried Unanimously Oltz Aye Highway Fund Warrant No. 10 of 1997 A motion was made by Councilperson of 1997 voucher nmbes seconded 46 by- 164 n the Councilperson mount of $22,approve the ighway Fund Warrant No . 10 0 $22,324 . 66 . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Carried Unanimously Oltz Aye General Fund Warrant No. 10 of 1997 A motion was made by Councilperson Hardesty uche>anumbers 274- 315 nnitheramount of $ 31 ,pp2 86 the General Fund Warrant No . 10 of Voucher Number 278 payable to Barney, Grossman, a Lwas djusted to as total of $30 ,479 . 31 . . included in Voucher Number 310 in error . Th e warrant total A roll call vote on the motion resulted as follows : Hardesty Aye { Inman Aye j Schwartz Aye Steiner Aye Carried Unanimously Oltz Aye • ADJOURNMENT : On a motion the meeting adjourned at 8 : 05 P .M . Carol, W . Sc • . nski, Town Clerk min- 10- 13 . 97 ij . -