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HomeMy WebLinkAbout1997-06-09 704 1 Town Board Minutes June 9, 1997 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting June 9 , 1997 6 : 00 P. M. PRESENT : Supervisor Mary Oltz Councilpersons : Edward Inman, Rosa Lee Johnson, Joseph Schwartz, Howard Steiner Others Present : Carol W. Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer William Hall - Highway Superintendent Frank Proto - County Representative Members of the Public : Naomi and Robert Strichartz, Josefina Griffin, Robert Roe, Pat Woodworth, Charles H . Tilton, John Henderson, Joel Gagnon Supervisor Oltz called the meeting to order at 6 : 00 P . M . and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO THE AGENDA : • 1 ) Councilperson Steiner asked that an item regarding a Youth Bureau communication received addressed to the Town Supervisor be added to the agenda under Reports . No Board member objected . PRIVILEGE OF THE FLOOR: Josefina Griffin - representing Danby Community Council , addressed the Board and reported that volunteers are repairing the Community Council Message Board. She has volunteers willing to work on a Danby Community Directory and asked how it could be funded . She reported that the letter received from the Ithaca City School District should help settle the issue and bring to an understanding of the Danby School as an alternative for the Danby Community Center site . The Community Council is continuing its fund raising efforts for the Community Center project . Naomi - Strichartz - 708 Comfort Road - appreciate the changes made to the Proposed Local Law No . 1 on the agenda. Pat Woodworth - 305 Gunderman Road - was not able to attend public hearing on Wednesday, June 4 , 1997 and commented on the proposed changes to the proposed Local Law for the Angelheart Designs, Inc. Planned Development District. She said she thinks the changes are very positive and said that it is important that neighbors where there is proposed development are allowed input and taken into account. John Henderson - 441 Comfort Road - concerned that there is a dividing line between where you set limits and what you want as a future . But within the idea of approving a particular plan you know somehow that' s what is going to be in effect for the forceable future . You cannot say it will never change but you can somehow make a direction that this is what we really want and it is not just flexible that next year somebody gets an idea and you just change it. Supervisor Oltz reported the following : 1 ) Town Hall Renovation/Addition Project The Town has received the bid packages for the Town Hall Renovation/Addition Project. The bid opening will be on Wednesday, June 25 , 1997 at 2 : 00 P . M . The Town Clerk will have the "Notice to Bidders" advertised this week. 705 2 Town Board Minutes June 9, 1997 2) Purchase of Property The closing on the property adjacent to the Town Hall on the south side has been scheduled for Monday, June 16 , 1997 . REPORTS : EMC = Robert Roe reported that at the last meeting of the EMC the major issue was "burn barrels" . The EMC did pass a resolution to support the Assembly Bill A7736 which prohibits the open burning of household solid waste . There will be a liaison from the EMC to the Flood Mitigation Oversight Committee . Highway Report - May 1997 received . Code Enforcement Office Report - May 1997 received . Planning Board Minutes - April 1997 and May 1997 - received Funds for Youth Programs - Councilperson Steiner reported that a letter addressed to Supervisor Oltz relating to monies that are available for up to 50% of the cost of programs from Tompkins County for youth services . Danby is eligible to receive $ 1160 . 00 from the State Division for Youth Recreation Funds, $ 1016 . 00 from the State Youth Service Funds and $ 8650 . 00 in County Youth Service Funds . Supervisor Oltz reported that she submits the necessary forms annually requesting funding for programs. These funds are included in the revenues due the Town that are in our budget. It is not in addition to our youth services revenues . Community Council makes application to the Town and informs the Town what programs the funds will be applied to . County Representative Report: County Representative Proto reported on the following : 1 ) Funds from County for Maps - a resolution was passed appropriating $2 ,000 to the Town of Danby for maps to be displayed at the Danby Bicentennial Celebration on July 26, 1997 . 2) Youth Commission - Study by the County Youth Commission for recreation was accepted. 3 ) County Surplus Funds - is proposing that any department in the County that has a surplus at the end of the budget year that the monies be applied to reduce capital expenditures . 4) County Budget - have distributed budget forms to departments and the County is looking at a 0% increase . 5) Drugs - there is concern about teenagers in the County and drugs . They are working with the local police departments and the City of Ithaca Fire Departments to increase inspections for violations of suspect properties where there drug trafficking may occur. 6) Bus Ridership - the use of ridership for park and ride busses have increased in both Danby and Caroline . He asked where in Danby a bus shelter should be erected for the Danby residents who ride the busses . 7) Comfort Road Bridge - the Industrial Access Grant of $ 300, 000 . 00 that was applied for to replace the Comfort Road Bridge has moved to the final stage . Tom Todd has reaffirmed that the Comfort Road Bridge will be replaced this year. Councilperson Steiner said that he would like to have a public information meeting to alert the residents in Danby of what the plans are for the Bridge . The Town has received many questions as to what the plans are, what the bridge will look like, and what the approximate time frame is for construction. 8) Hillview Road Citizens Advisory Committee - have met with the Public Works Committee and they did not accept the recommendation for the monitoring of the landfill . (' 06 3 Town Board Minutes June 9, 1997 9) Agricultural Economic Review Committee - are looking at the impacts of agriculture in Tompkins County . A report on the study will be available soon. OLD BUSINESS Town Highway Barn Property - Bald Hill Road Supervisor Oltz reported Scott Engelhart has signed the proposal for purchase of the Town Highway Barns located at 15 Bald Hill Road . The Town has received a letter from Mr. Engelhart asking if he could use the property before the scheduled closing date . Our Town Attorney said that a title search should be done on the property and approval from Mr. Engelhart ' s Attorney should be obtained before he takes possession of the property. Sale of the Old Town Barns is subject to permissive referendum . Discussion: Councilperson Johnson said that she sees that as a major problem for somebody to start using the property prior to closing . The purchaser then becomes a tenant and should be charged rental and liability is also a factor . Supervisor Oltz said that Mr. Engelhart has signed the proposal and agrees with the purchase price and has signed the purchase offer. The sale of the property is subject to permissive referendum . It is the Board ' s decision as to whether we allow Mr. Engelhart to use the property prior to closing. If he wants to use the building he must wait until the time of filing of petition for a permissive referendum has passed and his attorney has approved the title search . Councilperson Steiner said that Mr . Engelhart would have to provide liability insurance as part of a lease agreement . The purchase offer is contingent upon obtaining a re-zoning of the property . The purchase offer for the Old Town Barns was reviewed by the Board and a letter from Scott Engelhart requesting permission to lease the property until the closing . Councilperson Schwartz said that Board should earmark the proceeds from the sale of the Town Barns toward the construction of unheated storage facilities at the Highway Barns on Hornbrook Road for the storage of the equipment that is at Bald Hill Road. The Highway Superintendent said there is need for storage of seasonal equipment. Councilperson Steiner said that he would like to see the proceeds of the sale of the property addressed when it is received and included in the 1998 Town Budget . Motion to Authorize the Supervisor to Sign a Purchase Offer for the Old Town Highway Barns Property A motion was made by Supervisor Oltz and seconded by Councilperson Inman to authorize the Town Supervisor to sign the Purchase Offer for the Town Highway Barns Property located at 15 Bald Hill Road, Ithaca, New York to Scott Engelhart . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO . 40 OF 1997 RESOLUTION AUTHORIZING THE SALE OF THE HIGHWAY BARN PROPERTY TO SCOTT ENGELHART - Adopted By Councilperson Steiner : Seconded by Councilperson Inman WHEREAS, the Town Board of the Town of Danby has found that the former Town Highway Barn ` 07 4 Town Board Minutes June 9, 1997 property located on Bald Hill Road (tax parcel number 10 . - 1 -39) is no longer needed for Town purposes ; and WHEREAS , it is no longer necessary for the Town to retain such property; and WHEREAS , the Town Board has received a purchase offer for the property from Scott Engelhart for the purchase of same at a price of $20,000 . 00 ; and WHEREAS , the Town Board is of the opinion that the sale price in such offer is the fair market value for such property; and NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Danby as follows : Section 1 . The Town Board of the Town of Danby finds and declares that the former Town Barn property on Bald Hill Road in the Town is no longer needed for the purposes of the Town and its citizens and declares such property to be surplus property. Section 2 . The Town Board finds that the fair market value of such property is $20 , 000 . 00 . Section 3 . The Town Board hereby accepts the purchase offer of Scott Engelhart for the purchase of such property for $20 , 000 . 00 , upon the terms set forth in said offer, copies of which have been submitted to and reviewed by the members of the Town Board at this meeting . Section 4 . The Town Supervisor is authorized and directed to execute and deliver the purchase offer submitted to this meeting and the deed and other documents required of the Town pursuant to the terms of such offer, to employ a surveyor for the survey of the property, and to take such further steps as she may, in her discretion, deem necessary or advisable to accomplish the sale authorized by this resolution . Section 5. Within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution, concisely stating the purpose and effect thereof Such notice shall specify that such resolution was adopted subject to a permissive referendum. Section 6 . This resolution shall take effect 30 days after its adoption, unless a referendum is requested, in which event it shall take effect if approved at such referendum, upon such approval . Section 7. This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 64(2) . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Dog Enumeration for the Town of Danby Supervisor Oltz reported that she has met with John Spence of the S . P . C .A. and Pam Stonebraker to discuss the proposed contract for a Dog Enumeration in the Town of Danby. The S . P . C .A . has suffered a cut in funding and it was necessary to reduce their staff They would not be able to start 708 5 Town Board Minutes June 9, 1997 an enumeration in Danby before September and cannot guarantee that an enumeration could be completed by the end of the year. She suggested that possibly we could advertize for an independent person to do an enumeration. RESOLUTION NO . 41 OF 1997 CONTRACT WITH S. P.C .A. FOR DOG ENUMERATION IN THE TOWN OF DANBY By Councilperson Inman : Seconded by Councilperson Schwartz j • WHEREAS, it is recommended by New York State Department of Agriculture and Markets that a dog enumeration be performed every two (2) years, and WHEREAS, a dog enumeration provides valuable information to the Town and identifies dogs and their owners, and WHEREAS , a dog enumeration has not been performed in the Town of Danby since 1993 , and WHEREAS, the Tompkins County S .P . C .A . has submitted a proposal to perform a dog enumeration in the Town of Danby to be scheduled for the Fall of 997 for the fee of $ 1 ,450 . 00 , now be it RESOLVED,that the Town Board of the Town of Danby authorize the Town of Danby Supervisor to sign an Enumeration Contract between Tompkins County Society for the Prevention of Cruelty to Animals and the Town of Danby for a fee of $ 1 ,450 . 00 . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Consideration of Copy Machine Lease or Purchase Supervisor Oltz said that the Town must consider the lease or purchase of a copy machine for the Town offices . Councilperson Steiner reported that he has reviewed the proposals from venders for the purchase and/or lease of a copy machine for the Town. He reported that for the purchase of a Sharp 2030 copier with the features requested by the Town staff and including full service contract the cost to the Town would be $6 , 905 . 00 from the lowest proposal . Discussion followed regarding purchase or lease of a copy machine . Motion to Purchase A Copy Machine for the Town A motion was made by Councilperson Steiner and seconded by Councilperson Johnson that the Town of Danby Town Board purchase a Sharp Model 2030 from EBE Office Source for $ 6 , 905 . 00 and that we enter into an annual maintenance contract at an annual cost of $ 800 . 00 to begin at the expiration of the guarantee . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously 70 9 6 Town Board Minutes June 9, 1997 NEW BUSINESS : RESOLUTION NO. 42 OF 1997 SEQR DETERMINATION RELATED TO CONSIDERING APPROVAL OF MODIFIED GENERAL SITE PLANS AND ENACTMENT OF A LOCAL LAW AMENDING THE ZONING ORDINANCE RELATED TO BOUNDARIES AND PERMITTED USES OF PLANNED DEVELOPMENT ZONE 10 AND ADJOINING LANDS By Supervisor Oltz : Seconded by Councilperson Johnson WHEREAS, Angelheart Designs, Inc . has requested that Planned Development Zone 10, located at 303 Gunderman Road, on a portion of Town of Danby Tax Parcel No . 9 . - 1 -9 . 12 be enlarged from 5 . 22 acres to 12 . 70 acres, with such enlarged Zone to include a proposed design studio/future residence, and a new access drive ; and WHEREAS , this request is a Type I action for which the Town of Danby Town Board has been legislatively determined to act as Lead Agency in environmental review, and for which the Town of Danby Planning Board and the Tompkins County Department of Planning are involved agencies which have been notified of this action ; and WHEREAS , the Town of Danby Planning Board on April 30, 1997 adopted Planning Board Resolution No . 2 of 1997, recommending to the Town Board that a negative determination of environmental significance be made and that the request be approved with certain modifications ; and WHEREAS , the Town of Danby Town Board on June 4 , 1997 has reviewed the application materials, the recommendation of the Planning Board that the request be approved with certain modifications, and the recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made for this action ; now, therefore, it is RESOLVED, that the Town of Danby Town Board makes and hereby does make a negative determination of environmental significance for this Type I action. A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Certificate of Necessity Supervisor Oltz reported that she has signed a Certificate of Necessity for the minor changes made to the Draft Local Law No . 1 of 1997 presented at the Public Hearing on Wednesday, June 4 , 1997 . RESOLUTION NO 43 OF 1997 A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO BOUNDARIES AND PERMITTED USES OF PLANNED DEVELOPMENT ZONE 10 AND ADJOINING LANDS - Adopted By Councilperson Steiner : Seconded by Councilperson Inman WHEREAS, Angelheart Designs, Inc . has requested that Planned Development Zone 10, located at 303 Gunderman Road, on a portion of Town of Danby Tax Parcel No . 9 . - 1 -9 . 12 , be enlarged from 5 . 22 acres to 12 . 70 acres, with such enlarged Zone to include a proposed design studio/future residence, and a new access drive ; and WHEREAS , this request is a Type I action for which the Town of Danby Town Board has been legislatively determined to act Lead Agency in environmental review, and for which the Town of Danby Planning Board and the Tompkins County Department of Planning are involved agencies which have been notified of this action; and WHEREAS, the Town of Danby Town Board on June 4 , 1997 has reviewed the application materials, the recommendation of the Planning Board that the request be approved with certain 210 7 Town of Danby Local Law No . 1 of 1997 modifications, and has made a negative determination of environmental significance for this action; and WHEREAS, the Town of Danby Town Board has held a public hearing on June 4, 1997 to hear all interested parties in the matter; now, therefore , it is RESOLVED , that the Town of Danby Town Board hereby approves the modified General Site Plans for Planned Development Zone 10 , entitled " Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio " by Angelheart Designs, Inc . , Patrick Gillis, Agent, dated April 4 , 1997 , with various modifications including but not limited to a reduction in size of the proposed expansion area as described in the local law a copy of which is attached hereto and made a part of this resolution; and it is FURTHER RESOLVED , that the Town of Danby Town Board hereby adopts Local Law Number 1 of 1997 , entitled " A Local Law Amending the Town of Danby Zoning Ordinance related to Boundaries and Permitted Usees of Planned Development Zone 10 and Adjoining Lands " , a copy of which is attached hereto and made a part of this resolution; and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of the adoption of said local law to the Secretary of State of the State of New York. PLEASE TAKE NOTICE that the Town Board of the Town of Danby at a regular meeting held on the 9th day of June 1997 , 1830 Danby Road, Ithaca, New York adopted the following Local Law. " TOWN OF DANBY LOCAL LAW NO . 1 OF 1997 A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO BOUNDARIES AND PERMITTED USES OF PLANNED DEVELOPMENT ZONE 10 AND ADJOINING LANDS Section 1 . The Zoning Ordinance of the Town of Danby as reenacted and readopted by the Town Board on December 11 , 1991 , and subsequently amended, is further amended as follows : 1 . Town of Danby Planned Development Zone 10 is hereby amended in size from its present size of 5 .22 acres, to a new site of 9 . 22 acres, whereby an area of 3 . 9 acres to the east and south of the present Planned Development Zone 10, as described in Schedule A attached, and an area of 0 . 1 acre to the west of the present Planned Development Zone 10 , as described in Schedule B attached , are rezoned from Low Density Residential Zone to become portions of Planned Development Zone 10 . 2 . The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby amended to show the revised locations and boundaries of Planned Development Zone 10 as set forth in this local law. 3 . Planned Development Zone 10 shall be subject to the following provisions, notwithstanding /- any other pertinent zoning, subdivision, or other regulatory requirements : (a) The business conducted on the premises shall be limited to a clothing design and manufacturing business, and related warehousing of products designed by the owner but manufactured elsewhere, and shall not include any retail sales of the manufactured product, unless a Special Permit for such retail sales is obtained from } the Planning Board . In the event of any activities involving the discharge of non- sanitary waste requiring a SPDES permit from the New York State Department of Environmental Conservation, or other local or state permits , such permits must be obtained and submitted to the Town before the commencement of such activities . 8 Town of Danby Local Law No . 1 of 1997 (b) Unless otherwise prohibited by this Local Law, any permitted principal or accessory use permitted in a Low Density Residential Zone is also permitted in Planned Development Zone 10 . (c ) Subdivision of Planned Development Zone 10 for the purpose of creating one or more new residential lots is permitted subject to subdivision and site plan approval by the Planning Board. (d) The construction of the proposed design studio/future residence, proposed southerly access drive, parking areas, and the proposed future addition south of the main manufacturing buildings shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the general site plans entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio" , Angelheart Designs , Inc . , Patrick Gillis, Agent, dated April 4 , 1997 ; and "Phase 2 Site Plan of Expanded Planned Development Zone 10 showing Future Building Addition, Angelheart Designs , 303 Gunderman Road, Spencer, New York, 14883 (Town of Danby) , " by Schickel Architecture, dated May 13 , 1996, with revision to title only dated May 31 , 1996 , except where the boundaries of Planned Development Zone 10 are further modified by this local law. No other alteration, amendment, or change in the final site plans as approved by the Planning Board is permitted, without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans . When the Planning Board is of the reasonable opinion that the modified site plan or plans are a significant deviation from the general site plans referenced above , no modified site plan or plans shall be approved by the Planning Board until the site plan or plans have been submitted to, and approved by, the Town Board after public hearing . (e) Any consideration by the Planning Board of final site plan approval for the "future addition" to the main Angelheart Designs, Inc . Building complex, as shown on the aforementioned general site plans , shall be accompanied by a Public Hearing . In consideration of such final site plan approval , and if final site plan approval is granted for any such future addition, the Planning Board may place additional restrictions on the size and design of the addition, the hours of operation, traffic generated related to the addition, and lighting when the Planning Board in its judgement has determined that such restrictions are needed to mitigate significant impacts to the neighborhood . (f) New development in the entire area of Planned Development Zone 10, shall be limited to the following, except as such structures might be modified pursuant to the provisions of Section 802 of the Town of Danby Zoning Ordinance relative to Final Site Plan Approval and Modifications of Site Plans : (I) the proposed design studio/future residence shown on the map entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio" , Angelheart Designs, Inc . , Patrick Gillis , Agent, dated April 4 , 1997 ; and to an accessory structure, accessory to the design studio/future residence similar in design to a residential garage and not exceeding 500 square feet; (ii) the proposed new access drive, future addition, and loading dock shown on the map entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio", Angelheart Designs , Inc . , Patrick Gillis , Agent dated April 4, 1997 ; and (iii) future parking in an amount deemed to be needed by the Planning Board in its review of the proposed future addition shown on the map entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio", Angelheart Designs, Inc . , Patrick Gillis , Agent, dated April 4, 1997 . 212. 9 Town of Danby Local Law No . 1 of 1997 (g) An evergreen tree buffer shall be planted along the south boundary of the expanded Planned Development Zone 10 easterly for a distance of 200 feet from the southwest corner of that Zone by no later than June 1 , 1998 . (h) Yards, signs, height, and building area shall be in conformity with the requirements for same in a Commercial Zone , except that, if new lots are subdivided within the Planned Development Zone for use as residential lots , the Planning Board may require that yard dimensions be the same as those required in Low Density Zone, unless such dimensions are modified in the course of a clustered subdivision review process . (I) No parking for any uses or facilities within the Planned Development Zone shall be permitted on Gunderman Road . 4 . The land remaining as Low Density Residential Zone as described in Schedule C attached shall remain undeveloped and in either open space or agricultural use, except for the existing access drive and accessory improvements to that access drive . Section 2 . This local law supersedes any prior local laws or resolutions of the Town Board related to the subject Planned Development zone . Section 3 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions of this law shall not be affected by such declaration of invalidity . Section 4 . This law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of the State of New York, whichever is later. SCHEDULE A Description of lands to the south and east of the existing Planned Development Zone 10 which being rezoned from Low Density Residential Zone to become a portion of Planned Development Zone 10 . Commencing at a point on the west boundary of Town of Danby Tax Parcel No . 9 . - 1 - 1 . 12 , which point is 569 . 5 feet southerly from the centerline of Gunderman Road and which point is the southwest corner of the present Planned Development Zone 10 ; Running thence southerly along the west boundary of the above Tax parcel a distance of 200 feet ; Running thence easterly and parallel to the centerline of Gunderman Road a distance of 600 feet to a point; Running thence northerly in a line perpendicular to the centerline of Gunderman Road a distance of 450 feet; Running thence westerly in a line parallel to the centerline of Gunderman Road a distance of 200 feet to a point on the eastern boundary of the present Planned Development Zone 10 ; Running thence southerly along the eastern boundary of the present Planned Development Zone 10 a distance of 250 feet ; Running thence westerly along the southern boundary of the present Planned Development Zone 10 a distance of 400 feet to the point or place of beginning. SCHEDULE B Description of lands to the west of the existing Planned Development Zone 10 being rezoned from Low Density Residential Zone to become a portion of Planned Development Zone 10 : All that certain tract or parcel of land, situate in the Town of Danby, County of Tompkins and State 2/3 Town Board Minutes June 9 , 1997 10 Town of Danby Local Law No . 1 of 1997 of New York, bounded and described as follows : Commencing at a point in the centerline of Gunderman Road, said point being located westerly a distance of 1 , 721 feet from the intersection of said centerline with the centerline of Comfort Road ; thence North 82 degrees, 45 minutes West along said centerline of Gunderman Road a distance of 15 feet to a point; thence South 8 degrees, 28 minutes West a distance of 300 feet to a point; thence South 82 degrees, 45 minutes East a distance of 15 feet to a point; thence North 8 degrees, 28 minutes East a distance of 300 feet to the point or place of beginning. Being the premises conveyed by Charles H . Tilton and Patricia A . Woodworth to Matthew C . And Jeanne E . Engelhart by deed dated March 15 , 1997 and recorded in the office of the Tompkins County Clerk in Book 792 of deeds , Page 300 . SCHEDULE C Description of Lands to the north and east of Planned Development Zone 10 to remain as Low Density Residential Zone as described in Paragraph 4 of this Local Law which shall remain undeveloped and in either open space or agricultural use except for the existing access drive and accessory improvements to that access drive . All that portion of Town of Danby Tax Parcel No . 9 . - 1 - 9 . 12 which is bounded as follows : Commencing at a point at the intersection of the east property line of Town of Danby Tax parcel No . 9 . - 1 - 1 . 12 with the centerline of Gunderman road ; Running thence southerly along the east property line of said Tax Parcel a distance of 769 . 5 feet; Running thence westerly in a line parallel to the centerline of Gunderman Road a distance of 120 feet; Running thence northerly in a line perpendicular to the centerline of Gunderman Road a distance of 450 feet; Running thence westerly in a line parallel to the centerline of Gunderman Road a distance of 200 feet; Running thence northerly in a line perpendicular to the centerline of Gunderman Road a distance of 319 . 5 feet to a point on the centerline of Gunderman Road; Running thence easterly along the centerline of Gunderman Road a distance of 320 feet to the point of beginning. " A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO 44 OF 1997 REVISED WORK SCOPE - COMPREHENSIVE PLANNING PROJECT - Approved By Councilperson Steiner : Seconded by Supervisor Oltz WHEREAS , the Town Board on April 14 , 1997 by Resolution No 36 of 1997, authorized the expenditure of $ 800 . 00 for payment to Tompkins County for Comprehensive Planning Services, and WHEREAS , the Code Enforcement Officer, following meetings with the Tompkins County Planning Department, has recommended to the Town Board that the work scope for planning services be revised; and 7/ V Town Board Minutes June 9 , 1997 11 Town of Danby Local Law No . 1 of 1997 WHEREAS, the Town Board has reviewed a proposed agreement with Tompkins County involving the expenditure by the Town of up to $ 800 . 00 for planning services between June and December, 1997 , including meetings with the Danby Planning Board and the development of comprehensive plan goals, format, and the review of past comprehensive plans ; and WHEREAS, the Code Enforcement Officer has also reported that the Tompkins County Board of Representatives has on June 3 , 1997 approved an award of County Planning staff assistance and funding for a mapping project for a total of $2050 , which would be helpful for the celebration of the Danby Bicentennial as well as for comprehensive planning, now, therefore , it is RESOLVED , that the Town of Danby Town Board approves the expenditure of up to $ 800 for planning services provided by Tompkins County, generally as outlined in the proposed agreement reviewed by the Town Board, and it is further RESOLVED, that the Town Board authorizes the Town Supervisor to execute an agreement for such planning services , following consultation with the Planning Board . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously BID OPENING DATE SET - TOWN HALL RENOVATION\ADDITION PROJECT A Bid Opening date was set for Wednesday, June 25 , 1997 at 2 : 00 p .m . for the purpose of Bid Opening for the Town Hall Renovation\Addition Project with Special Meeting of the Town Board to follow the Bid Opening . APPROVAL OF MINUTES Town Board Minutes - May 12 , 1997 Approved A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the Town Board Minutes of May 12 , 1997 as published . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Public Hearing Minutes - June 4, 1997 - Local Law No. 1 of 1997 A motion was made by Councilperson Steiner and seconded by Councilperson Johnson to approve the Public Hearing Minutes of June 4 , 1997 - Local Law No . 1 of 1997 as published . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of Town Supervisor' s May 1997 Report Town Board Minutes 7/6° June 9 , 1997 12 Town of Danby Local Law No . 1 of 1997 A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the Town Supervisor ' s May 1997 report as submitted . A roll call vote on the resolution resulted as follows : I Inman Aye Johnson Aye Schwartz Aye Steiner Aye Carried Unanimously Approval of Town Clerk' s May 1997 Report A motion was made by Councilperson Johnson and seconded by Supervisor Oltz to approve the Town Clerk ' s may 1997 Report as submitted. A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously APPROVAL OF WARRANTS General Fund Warrant No. 6 of 1997 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve General Fund Warrant No . 6 of 1997 , voucher numbers 159 - 184 in the amount of $ 11 , 755 . 93 . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Abstained Schwartz Aye Steiner Aye Oltz Aye Carried Highway Fund Warrant No. 6 of 1997 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve the Highway Fund Warrant No . 6 of 1997 , voucher numbers 86 - 99 in the amount of $ 16, 931 . 56 . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye 111 Oltz Aye Carried Unanimously West Danby Water District Fund Warrant No . 6 of 1997 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the West Danby Water District Fund Warrant No . 6 of 1997 , voucher numbers 19 - 21 in the amount of $256 .22 . A roll call vote on the resolution resulted as follows : 71 Town Board Minutes June 9 , 1997 13 Town of Danby Local Law No . 1 of 1997 Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADJOURNMENT : I On a motion the meeting adjourned at 7 : 50 P . M . eatetW• i Carol W . Scz,�p�nski , Town Clerk min-6-9 . 97