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HomeMy WebLinkAbout1993-12-27 274 TOWN OF DANBY TOWN BOARD MINUTES S pecial Year - End 7 : 30 P . M . December 27 , 1993 Meeting PRESENT : S upervisor : Mary Oltz . Councilpersons :. Rich Marisa , Gail Miller , Joseph Schwartz ABSENT : Councilperson Roger Rile Others Present : Town Clerk : Carol Sczepanski H ighway Superintendent : Bill Hall S . P . C . A . Representatives : Karen Smith , Pam Stonebaker D og Control Officer : Lorraine Bard E dw . M . Roberts S upervisor Oltz called the meeting to order at 7 : 38 P . M . and stated t hat the Special Meeting is to approve the Year - end Warrants for payment , an Emergency Preparedness Plan , and a possible decision on d og control for Danby . Councilperson Marisa asked to add the " Road Abandonment " issue to the agenda for discussion and possible conclusion . Public Hearings were held and affidavits for the six ( 6 ) roads to be officially abandoned were signed by the Highway Superintendent in June of 1992 . D iscussion followed : Councilperson Schwartz said that according to New York State the roads are already considered abandoned . Councilperson Marisa said that all that is necessary for the Town 1 B oard to authorize the filing of the statements in the Office the Town Clerk . RESOLUTION NO . 51 OF 1993 NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE ( Portion ) Eastman Hill Road - In the Matter of Consenting to the Filing , by the Town of Danby Highway Superintendent , of A Description of A Certain Highway Right of Way Deemed Abandoned pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . By Councilperson Marisa : seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways , provides that every highway that shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of the Town a written description , signed by him , and by said Town Board , of each highway and public right of way so abandoned , and the same shall thereupon be discontinued , and WHEREAS , The highway right of way under consideration is described as that portion of Eastman Hill Road commencing 100 feet from the 1 . I north edge of its intersection with Heisey Road and running northward 2700 + 1 - feet to the northern Town of Danby / Town of Caroline town line , such highway right of way having a width of 50 + / - feet , and WHEREAS , The Town of Danby Town Board has determined that such matter is ministerial pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 " Providing for Environmental Review of Actions in the Town of Danby " , but is reviewing the matter as an Unlisted Action , with the Town Board acting as Lead Agency in environmental review and with 275 2 Town Board Minutes December 27 , 1993 no other involved agencies , and WHEREAS , The Town of Danby Town Board , at Public Hearing on June 22 , 1992 , has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement Officer , now be it RESOLVED , That the Town of Danby Town Board , acting as Lead Agency in this matter , which has been treated as an Unlisted Action , accepts the draft Short Environmental Assessment Form and ✓ ecommendation as presented , and makes a negative determination of e nvironmental significance for this action . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 52 OF 1993 ( Portion ) Eastman Hill Road In the Matter of Consenting to the Filing , by the Town of Danby H ighway Superintendent , of A description of A Certain Highway Right o f Way Deemed Abandoned pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . B y Councilperson Marisa : seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways , provides that every highway t hat shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway Superintendent with written consent of a majority of the Town. Board shall file , and cause to be recorded in the Town Clerk ' s office of t he Town a written description , signed by him , and by said Town B oard , of each highway and public right of way so abandoned , and the same shall thereupon be discontinued , and WHEREAS , The Town of Danby Highway Superintendent has determined that the highway right of way described herein has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , that t he Town Highway Department has not maintained such highway , in six ( 6 ) years , and that the Town Highway Superintendent and Town Code E nforcement Officer have , upon field investigation , confirmed the absence of maintenance or use of such right of way as a highway in six ( 6 ) years , and WHEREAS , The Town of Danby Town Board , on June 22 , 1992 , has held a Public Hearing on this matter , and has reviewed the draft written d escription of said highway right of way deemed abandoned as presented by the Town Highway Superintendent , with such highway ✓ ight of way more particularly described as follows : That portion of Eastman Hill Road commencing 100 feet from the north edge of its intersection with Heisey Road and running northward 2700 + / - feet to the northern. Town o f Danby / Town of Caroline town line , such highway right o f way having a width of 50 + / - feet ; n ow , be it RESOLVED , That the Town of Danby Town Board hereby confirms and accepts the determination and report , as presented by the Town of D anby Highway Superintendent and the Town of Danby Code Enforcement O fficer , that said highway right of way has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , and that t he Town Highway Department has not maintained such highway in six I 276 3 Town Board Minutes December 27 , 1993 ( 6 ) years , and be it further RESOLVED , That the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of D anby said written description of said highway right of way deemed abandoned as presented by the Town of Danby Highway Superintendent , and authorizes the Town of Danby Supervisor to sign such written d escription on behalf of the Town of Danby Town Board , and be it further RESOLVED , That this Resolution shall constitute the written consent of a majority of the Town Board . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Rile ( absent ) Carried Unanimously RESOLUTION NO . 53 OF 1993 N EGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - ( Portion ) H eisey Road In the Matter of Consenting to the Filing , by the Town of Danby Highway Superintendent , of A Description of A Certain Highway Right of Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . B y Councilperson Marisa : Seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State H ighway Law relating to Town Highways , provides that every highway t hat shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway S uperintendent with written consent of a majority of the Town. Board shall file , and cause to be recorded in the Town Clerk ' s office of t he Town a written description , signed by him , and by said Town B oard , of each highway and public right of way so abandoned , and t he same shall thereupon be discontinued , and WHEREAS , The highway right of way under consideration is described as that portion of Heisey Road commencing 100 feet from the east e dge of its intersection with Eastman Hill Road and running e astward 1815 + / - feet to the eastern Town of Danby / Town of Caroline town line , such highway right of way having a width of 50 + / - feet , and WHEREAS , The Town of Danby Town Board has determined that such matter is ministerial pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 " Providing for Environmental Review of Actions in the Town of Danby " , but is reviewing the matter as an Unlisted Action , with the Town Board acting as Lead Agency in environmental review and with no other involved agencies , and WHEREAS , The Town of Danby Town Board , at Public Hearing on June 22 , 1992 , has reviewed the draft Short Environmental Assessment Form and recommendation. as prepared by the Town Code Enforcement Officer , now be it RESOLVED , That the Town of Danby Town Board , acting as Lead Agency in this matter , which has been treated as an Unlisted Action , accepts the draft Short Environmental Assessment Form and ✓ ecommendation as presented , and makes a negative determination of e nvironmental significance for this action . wt 4 Town Board Minutes December 27 , 1993 A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 54 OF 1993 ( Portion ) Heisey Road In the Matter of Consenting to the Filing , by the Town of Danby H ighway Superintendent , of A Description of A Certain Highway Right o f Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . B y Councilperson Marisa : seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State H ighway Law relating to Town Highways , provides that every highway t hat shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway S uperintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of t he Town a written description , signed by him , and by said Town B oard , of each highway and public right of way so abandoned , and t he same shall thereupon be discontinued , and WHEREAS , The Town of Danby Highway Superintendent has determined t hat the highway right of way described herein has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , that the Town Highway Department has not maintained such highway , in six ( 6 ) years , and that the Town Highway Superintendent and Town Code E nforcement Officer have , upon field investigation , confirmed the absence of maintenance or use of such right of way as a highway in six ( 6 ) years , and WHEREAS , The Town of Danby Town Board , on June 22 , 1992 , has held a Public Hearing on this matter , and has reviewed the draft written description of said highway right of way deemed abandoned as presented by the Town Highway Superintendent , with such highway ✓ ight of way more particularly described as follows : That portion of Heisey Road commencing 100 feet from the e ast edge of its intersection with Eastman Hill Road and ✓ unning eastward 1815 + 11 feet to the eastern Town of D anby / Town of Caroline town line , such highway right of way having a width of 50 + / - feet , now be it RESOLVED , That the Town of Danby Town Board hereby confirms and accepts the determination and report , as presented by the Town of D anby Highway Superintendent and the Town of Danby Code Enforcement O fficer , that said highway right of way has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , and that t he Town Highway Department has not maintained such highway in six ( 6 ) years , and be it further RESOLVED , That the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of D anby said written description of said highway right of way deemed abandoned as presented by the Town of Danby Highway Superintendent , and authorizes the Town of. Danby Supervisor to sign such written d escription on behalf of the Town of Danby Town Board , and be it further RESOLVED , That this Resolution shall constitute the written consent of a majority of the Town Board . 278 5 Town Board Minutes December 27 , 1993 A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 55 OF 1993 N EGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - ( Portion ) Tallow Hill Road In the Matter of Consenting to the Filing , by the Town of Danby Highway Superintendent , of A Description of A Certain Highway Right of Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . B y Councilperson Marisa : Seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State H ighway Law relating to Town Highways , provides that every highway t hat shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway S uperintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of t he Town a written description , signed by him , and by said Town B oard , of each highway and public right of way so abandoned , and t he same shall thereupon be discontinued , and WHEREAS , The highway right of way under consideration is described as that portion of Tallow Hill Road , ( portion also known as John H ill Road ) , here referred to as " Section 1 " , commencing 1555 + / - feet north of the southern Town of Danby / Town of Spencer town line , and running northward 7136 + / - feet to its intersection with John H ill / Howland Road , such highway right of way having a width of 50 + / - feet , and WHEREAS , The Town of Danby Town Board has determined that such matter is ministerial pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 " Providing for Environmental Review of Actions in the Town of D anby " , but is reviewing the matter as an Unlisted Action , with the Town Board acting as Lead Agency in environmental review and with n o other involved agencies , and WHEREAS , The Town of Danby Town Board , at Public Hearing on June 22 , 1992 , has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement O fficer , now be it RESOLVED , That the Town of Danby Town Board , acting as Lead Agency in this matter , which has been treated as an Unlisted Action , accepts the draft Short Environmental Assessment Form and ✓ ecommendation as presented , and makes a negative determination of e nvironmental significance for this action . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 56 OF 1993 ( Portion Tallow Hill Road " Section 1 In the Matter of Consenting to the Filing , by the Town of Danby Highway Superintendent , of A Description of A Certain Highway Right o f Way Deemed Abandoned Pursuant to New York State Highway Law 27 9 6 Town Board Minutes December 27 , 1993 Article 8 , Section 205 , Paragraph 1 . B y Councilperson Marisa : seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State H ighway Law relating to Town Highways , provides that every highway t hat shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway S uperintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of the Town a written description , signed by him , and by said Town B oard , of each highway and public right of way so abandoned , and t he same shall thereupon be discontinued , and WHEREAS , The Town of Danby Highway Superintendent has determined t hat the highway right of way described herein has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , that t he Town Highway Department has not maintained such highway , in six ( 6 ) years , and that the Town Highway Superintendent and Town Code E nforcement Officer have , upon field investigation , confirmed the absence of maintenance or use of such right of way as a highway in six ( 6 ) years , and WHEREAS , The Town of Danby Town Board , on June 22 , 1992 , has held a Public Hearing on this matter , and has reviewed the draft written description of said highway right of way deemed abandoned as presented by the Town Highway Superintendent , with such highway right of way more particularly described as follows : That portion of Tallow Hill Road , ( portion also known as John Hill Road ) , here referred to as " Section 1 , commencing 1555 + / - feet north of the southern Town of Danby / Town of Spencer town line , and running northward 7136 + / - feet to its intersection with John Hill / Howland Road , such highway right of way having a width of 50 + / - feet , now be it RESOLVED , That the Town of Danby Town Board hereby confirms and accepts the determination and report , as presented by the Town of D anby Highway Superintendent and the Town of Danby Code Enforcement O fficer , that said highway right of way has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , and that t he Town Highway Department has not maintained such highway in six ( 6 ) years , and be it further RESOLVED , That the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of D anby said written description of said highway right of way deemed abandoned as presented by the Town of Danby Highway Superintendent , and authorizes the Town of Danby Supervisor to sign such written d escription on behalf of the Town of Danby Town Board , and be it further RESOLVED , That this Resolution shall constitute the written consent of a majority of the Town Board . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 57 OF 1993 N EGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - Tallow Hill Road ( Portion ) " SECTION 2 " . In the Matter of Consenting to the Filing , by the Town of Danby H ighway Superintendent , of A Description of A Certain Highway Right 280 7 Town Board Minutes December 27 , 1993 of Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . B y Councilperson Marisa : Seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State H ighway Law relating to Town Highways , provides that every highway t hat shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of t he Town a written description , signed by him , and by said Town Board , of each highway and public right of way so abandoned , and the same shall thereupon be discontinued , and WHEREAS , The highway right of way under consideration is described as that portion of Tallow Hill Road , here referred to as " Section 2 " , located 4380 + / - feet north of the southern Town of Danby / Town o f Spencer town line where it intersects with " Section 1 " , and ✓ unning eastward 1490 + / - feet to the eastern Town of Danby / Town of Candor town line , such highway right of way having a width of 50 + / - feet , and WHEREAS , The Town of Danby Town Board has determined that such matter is ministerial pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 " Providing for Environmental Review of Actions in the Town of Danby " , but is reviewing the matter as an Unlisted Action , with the Town Board acting as Lead Agency in environmental review and with no other involved agencies , and WHEREAS , The Town of Danby Town Board , at Public Hearing on June 22 , 1992 , has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement Officer , now be it RESOLVED , That the Town of Danby Town Board , acting as Lead Agency in this matter , which has been treated as an Unlisted Action , accepts the draft Short Environmental Assessment Form and recommendation as presented , and makes a negative determination of environmental significance for this action . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye Schwartz Aye Oltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 58 OF 1993 TALLOW HILL ROAD , " SECTION 2 " In the Matter of Consenting to the Filing , by the Town of Danby Highway Superintendent , of A Description of A Certain Highway Right of Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . By Councilperson Marisa : seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways , provides that every highway that shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of the Town a written description , signed by him , and by said Town Board , of each highway and public right of way so abandoned , and the same shall thereupon be discontinued , and i� b1 8 Town Board Minutes December 27 , 1993 WHEREAS , The Town of Danby Highway Superintendent has determined t hat the highway right of way described herein has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , that t he Town Highway Department has not maintained such highway , in six ( 6 ) years , and that the Town Highway Superintendent and Town Code E nforcement Officer have , upon field investigation , confirmed the absence of maintenance or use of such right of way as a highway in six ( 6 ) years , and WHEREAS , The Town of Danby Town Board , on June 22 , 1992 , has held a Public Hearing on this matter , and has reviewed the draft written description of said highway right of way deemed abandoned as presented by the Town Highway Superintendent , with such highway right of way more particularly described as follows : That portion of Tallow Hill Road , here referred to as " Section 2 " , located 4380 + / - feet north of the southern Town of Danby Town of Spencer town line where it intersects with " Section 1 " , and running eastward 1490 + / - feet to the eastern Town of Danby / Town of Candor town line , such highway right of way having a width of 50 + / - feet , now be it RESOLVED , That the Town of Danby Town Board hereby confirms and accepts the determination and report , as presented by the Town of D anby Highway Superintendent and the Town of Danby Code Enforcement O fficer , that said highway right of way has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , and that t he Town Highway Department has not maintained such highway in six ( 6 ) years , and be it further RESOLVED , That the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of D anby said written description of said highway right of way deemed abandoned as presented by the Town of Danby Highway Superintendent , and authorizes the Town of Danby Supervisor to sign such written d escription on behalf of the Town of Danby Town Board , and be it further RESOLVED , That this Resolution shall constitute the written consent of a majority of the Town Board . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 59 OF 1993 NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - JOHN H ILL /HOWLAND ROAD ( Portion ). In the Matter of Consenting to the Filing , by the Town of Danby Highway Superintendent , of A Description of A Certain Highway Right of Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . By Councilperson Marisa : Seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State H ighway Law relating to Town Highways , provides that every highway that shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway S uperintendent with written consent of a majority of the Town. Board shall file , and cause to be recorded in the Town Clerk ' s office of t he Town a written description , signed by him , and by said Town B oard , of each highway and public right of way so abandoned , and t he same shall thereupon be discontinued , and 2S2 9 Town Board Minutes December 27 , 1993 WHEREAS , The highway right of way under consideration is described as that portion of John Hill / Howland Road ( also known as Reed Road ) , commencing at the west edge of its intersection with Tallow H ill Road ( a . k . a . John Hill Road ) , and running easterly 1560 + / - feet to the eastern Town of Danby / Town of Candor line , such highway right of way having a width of 50 + / - feet , and WHEREAS , The Town of Danby Town Board has determined that such matter is ministerial pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 " Providing for Environmental Review of Actions in the Town of D anby " , but is reviewing the matter as an Unlisted Action , with the Town Board acting as Lead Agency in environmental review and with no other involved agencies , and WHEREAS , The Town of Danby Town Board , at Public Hearing on June 22 , 1992 , has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement O fficer , now be it RESOLVED , That the Town of Danby Town Board , acting as Lead Agency in this matter , which has been treated as an Unlisted Action , accepts the draft Short Environmental Assessment Form and ✓ ecommendation as presented , and makes a negative determination of e nvironmental significance for this action . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 60 OF 1993 JOHN HILL / HOWLAND ROAD ( Portion ) In the Matter of Consenting to the Filing , by the Town of Danby Highway Superintendent , of A Description of A Certain Highway Right of Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . By Councilperson Marisa : seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways , provides that every highway that shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of the Town a written description , signed by him , and by said Town Board , of each highway and public right of way so abandoned , and the same shall thereupon be discontinued , and WHEREAS , The Town of Danby Highway Superintendent has determined that the highway right of way described herein has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , that the Town Highway Department has not maintained such highway , in six ( 6 ) years , and that the Town Highway Superintendent and Town Code Enforcement Officer have , upon field investigation , confirmed the absence of maintenance or use of such right of way as a highway in six ( 6 ) years , and WHEREAS , The Town of Danby Town Board , on June 22 , 1992 , has held a Public Hearing on this matter , and has reviewed the draft written description of said highway right of way deemed abandoned as presented by the Town Highway Superintendent , with such highway right of way more particularly described as follows : That portion of John Hill / Howland Road ( also known as 2c; 10 Town Board Minutes December 27 , 1993 Reed Road ) , commencing at the west edge of its intersection with Tallow Hill Road ( a . k . a . John Hill road ) , and running easterly 1560 + / - feet to the eastern Town of Danby / Town of Candor line , such highway right of way having a width of 50 + / - feet , now be it RESOLVED , That the Town of Danby Town Board hereby confirms and accepts the determination and report , as presented by the Town of D anby Highway Superintendent and the Town of Danby Code Enforcement O fficer , that said highway right of way has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , and that t he Town Highway Department has not maintained such highway in six ( 6 ) years , and be it further RESOLVED , That the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of D anby said written description of said highway right of way deemed abandoned as presented by the Town of Danby Highway Superintendent , and authorizes the Town of Danby Supervisor to sign such written d escription on behalf of the Town of Danby Town Board , and be it further RESOLVED , That this Resolution shall constitute the written consent of a majority of the Town Board . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 61 OF 1993 N EGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - " Old Road " In the Matter of Consenting to the Filing , by the Town of Danby H ighway Superintendent , of A Description of A Certain Highway Right of Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . B y Councilperson Marisa : Seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State H ighway Law relating to Town Highways , provides that every highway t hat shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway S uperintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of t he Town a written description , signed by him , and by said Town B oard , of each highway and public right of way so abandoned , and t he same shall thereupon be discontinued , and WHEREAS , The highway right of way under consideration is described as " Old Road " commencing at its intersection with Spencer Road ( N . Y . S . Route 34 / 96 ) 275 + / - feet from the southern Town of D anby / Town of Spencer town line , and running eastward 2250 + / - feet t o its intersection with Hillview ( also known as Center Schoolhouse ) Road , such highway right of way having a width of 50 + / - feet , and WHEREAS , The Town of Danby Town Board has determined that such matter is ministerial pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 " Providing for Environmental Review of Actions in the Town of D anby " , but is reviewing the matter as an Unlisted Action , with the Town Board acting as Lead Agency in environmental review and with no other involved agencies , and WHEREAS , The Town of Danby Town Board , at Public Hearing on June 28 11 Town Board Minutes December 27 , 1993 22 , 1992 , has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement Officer , now be it RESOLVED , That the Town of Danby Town Board , acting as Lead Agency in this matter , which has been treated as an Unlisted Action , accepts the draft Short Environmental Assessment Form and ✓ ecommendation as presented , and makes a negative determination of e nvironmental significance for this action . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously RESOLUTION NO . 62 OF 1993 " Old Road " In the Matter of Consenting to the Filing , by the Town of Danby Highway Superintendent , of A Description of A Certain Highway Right of Way Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . By Councilperson Marisa : seconded by Councilperson Miller WHEREAS , Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways , provides that every highway that shall not have been traveled or used as a highway for six ( 6 ) years shall cease to be a highway , and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file , and cause to be recorded in the Town Clerk ' s office of the Town a written description , signed by him , and by said Town Board , of each highway and public right of way so abandoned , and the same shall thereupon be discontinued , and WHEREAS , The Town of Danby Highway Superintendent has determined that the highway right of way described herein has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , that the Town Highway Department has not maintained such highway , in six ( 6 ) years , and that the Town Highway Superintendent and Town Code Enforcement Officer have , upon field investigation , confirmed the absence of maintenance or use of such right of way as a highway in six ( 6 ) years , and WHEREAS , The Town of Danby Town Board , on June 22 , 1992 , has held a Public Hearing on this matter , and has reviewed the draft written description of said highway right of way deemed abandoned as presented by the Town Highway Superintendent , with such highway right of way more particularly described as follows : " Old Road " commencing at its intersection with Spencer Road ( N . Y . S . Route 34 / 96 ) 275 + / - feet from the southern Town of Danby Town of Spencer town line , and running e astward 2250 + / - feet to its intersection with Hiliview ( also known as Center Schoolhouse ) Road , such highway ✓ ight of way having a width of 50 + / - feet , now be it RESOLVED , That the Town of Danby Town Board hereby confirms and accepts the determination and report , as presented by the Town of Danby Highway Superintendent and the Town of Danby Code Enforcement Officer , that said highway right of way has not been opened and worked , or traveled or used as a highway in six ( 6 ) years , and that the Town Highway Department has not maintained such highway in six ( 6 ) years , and be it further RESOLVED , That the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of 285 12 Town Board Minutes December 27 , 1993 D anby said written description of said highway right of way deemed abandoned as presented by the Town of Danby Highway Superintendent , and authorizes the Town of Danby Supervisor to sign such written d escription on behalf of the Town of Danby Town Board , and be it further RESOLVED , That this Resolution shall constitute the written consent of a majority of the Town Board . A roll call vote on the resolution resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Councilperson Hile ( absent ) Carried Unanimously DOG CONTROL PROPOSALS : Supervisor Oltz reported that the Town has received two ( 2 ) proposals for Dog Control : 1 ) Lorraine Bard - she proposes an increase in her fee structure that reflects the cost for financing the construction of a new building . Annual cost to the Town is dependent upon the terms of financing for the proposed new building . Lorraine reported that the bank has requested a letter from the Town that she is a Town employee and the guarantee of employment before a loan ( mortgage ) can be obtained . She asked the Town to consider confirmation of employment for a multi - year proposal . 2 ) S . P . C . A Proposed Agreement s� � t a JU Adjournment to Executive Session : T e • •• ••A s L 1x mda _ � Supervisor Oltz/a ' e - - • .. . . • 40. executive session to discuss a personnel matter at 8 : 10 P . M . ` _ . '' 0 - • . • _ ows : Q eoctre Meatier QJ eeledf • G.ewF.ried—tlnnni mn � - V The meeting was reconvened at 8 : 35 P . M . D iscussion followed regarding a multi year contract for dog control . P resident of the S . P . C . A . , Karen Smith reported that their contract agreement would be evaluated after a one ( 1 ) year period . They would consider a five ( 5 ) year contract with the following provisions : 1 ) annual cost of living increase off of the 1994 proposed contract agreement to be determined by regionally or statewide published cost of living per year ; 2 ) a re - evaluation clause for both parties after two ( 2 ) years ; 3 ) maximum length of contract - five ( 5 ) years . Motion to Approve the S . P . C . A . One Year Contract Proposal A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve the S . P . C . A . Contract Proposal to provide Dog Control service to the Town of Danby for a period of one ( 1 ) year beginning January 1 , 1994 . Discussion followed regarding multi - year contracts for dog control . 286 13 Town Board Minutes December 27 , 1993 Councilperson Schwartz said that he would support a multi year contract . Councilperson Miller said that the Town must have more information from Lorraine for the cost of service and is concerned that a guaranteed back up is not provided should an emergency arise . Lorraine reported that she was unable to obtain positive financing information to submit a proposal and cannot do so without confirmation of employment from the Town . Councilperson Marisa asked if the S . P . C . A . would consider submitting a multi - year contract by the January 1994 meeting . A vote on the motion resulted as follows : Marisa Aye S chwartz Nay O ltz Aye Miller Abstained Motion Defeated Motion to Approve the S . P . C . A . Multi - Year Contract Proposal A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to Accept the S . P . C . A . Contract Proposal with the following amendments for the additional terms as offered : 1 ) Contract for up to five ( 5 ) years duration with the annual increase over the previous year at the Regional or State Consumer P rice Index ( C . P . I . ) ; and 2 ) re - evaluation at year 2 . 5 between t he first and sixth month of the year . A vote on the motion resulted as follows : Marisa Aye Miller Nay Schwartz Aye Oltz Aye Carried Emergency Preparedness Plan S upervisor Oltz reported that Tompkins County Fire Coordinator, J ack Miller has requested the Town of Danby" `to • ,adopt - and f i.le with t he Town Clerk an Emergency Preparedness Plan . Motion to Accept Emergency Preparedness Plan for the Town of Danby A motion was made and seconded by Councilperson Marisa that the Town of Danby Town Board accept the Preparedness Plan for the Town of Danby , dated and filed with the Town Clerk on December 27 , 1993 . A roll call vote on the motion resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Transfer of Funds : S upervisor Oltz reported that she would like Town Board authorization to transfer funds to balance the accounts for Fiscal Year ending December 31 , 1993 . D iscussion followed regarding the Warrants presented for audit . H ighway Superintendent Hall reported that all vouchers submitted were 1993 charges . Motion to Authorize Town. Supervisor to Transfer Funds A motion was made by Councilperson Marisa and seconded by 287 14 Town Board Minutes December 27 , 1993 Councilperson Miller to authorize the Town Supervisor to transfer funds to balance accounts for the Fiscal Year ending December 31 , 1993 . A roll call vote on the motion resulted as follows : Marisa Aye Miller Aye S chwartz Aye Carried Unanimously APPROVAL OF WARRANTS W est Danby Water District Fund Warrant No . 13 of 1993 A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the West Danby Water District Fund Warrant No . 13 of 1993 , vouchers numbered 54 - 56 in the amount of $ 166 . 14 . A roll call vote on the motion resulted as follows : Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously Highway Fund Warrant No . 13 of 1993 A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve the Highway Fund Warrant No . 13 of 1993 , vouchers numbered 174 - 177 in the amount of $ 2 , 070 . 93 . A roll call vote on the motion resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously General Fund Warrant No . 13 of 1993 A motion was made by Councilperson Marisa and seconded by Councilperson Miller to approve the General Fund Warrant No . 13 of 1993 , vouchers numbered 491 - 504 in ; the amount of $ 1 , 581 . 43 . A roll call vote on the motion resulted as follows : Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously UNFINISHED BUSINESS DISCUSSED 1 ) Tompkins County Board of Elections Charges - The Town of Danby will pay the charges for supplies only . 2 ) C . S . E . A . Contract - Supervisor Oltz reported that she will contact the C . S . E . A . Representative , Robert Morris again regarding a contract for 1994 . Councilperson Marisa extended a thank you to the Town Board and said that he has enjoyed working with the Board . ADJOURNMENT : O n a motion the meeting adjourned at 9 : 25 P . M . atieW .Ag .:. / 0,4001kA/ min12 - 27 . 93 Carol W . Scze /9 ski , Town Clerk