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HomeMy WebLinkAbout2000-03-13 1180 1 Town Board Minutes March 13 , 2000 TOWN OF DANBY TOWN BOARD MINUTES MARCH 13 , 2000 Regular Meeting PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey ' Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Frank Proto - County Representative Guests : County Representative Barbara Blanchard Joe Vitale - Tompkins County Sheriffs Department Lee Shurtleff - Tompkins County Fire & Emergency Service Coordinator Jack Miller - Tompkins County Fire Department Brian Wilbur - Ithaca Fire Department Members of the Public : Roy and Mary Casterline, Linda Dorn, Robert Roe, Eileen Wright, Ames Brown, Edw. M . Roberts , Kevin Cain, Howard Steiner, Ken Horst, Sue Howe, Esther Dotson, Dan Klein, Christopher Murphy, Laurene Gilbert, Pat Woodworth, Verna Little, Ralph and Deana Bowles, David and Karen Jamarusty and others . Supervisor Edward Inman called the meeting to order at 7 : 01 p . m . and led all present to the Pledge of Allegiance to the American Flag . ADDITIONS TO THE AGENDA 1 ) Kevin Cain of 100 Gunderman asked to be placed on the Agenda. 2) Possible Planning Board appointment . PRIVILEGE OF THE FLOOR Town Clerk Carol Sczepanski reported that with the Clerk ' s Monthly Report is the Clerk ' s Annual 1999 Report and asked the Board to make arrangements to audit her 1999 records so that they may be filed . Ken Horst reminded the Board that there are remaining funds in the amount of $ 1 ,000 to be used for an open house celebration for the town hall facility . Ames Brown asked for a legal status of the town hall heating system . Supervisor Inman reported that the Town is working with the contractors , architects and the air balancing consultants . There will be more testing before a decision about how to remedy the heating system or any changes will be made . Esther Dotson reported that there is a meeting of the general membership of Community Council on Wednesday, March 22 , 2000 at 7 : 00 p . m . to discuss all the issues surrounding the question of a Danby Community Center and the purchase of land . County Representative Proto : County Representative Frank proto reported on the following : 1 ) Frank Proto and Supervisor Inman are going to be at Danby General Market from 7 : 00 to 8 : 30 a. m . to meet with residents . 2) New Assessments have been mailed. Questions should be directed to the Tompkins County Division of � � ; ' t 1 14 I I yl L. I I �� I� It 11 I i � 1 id � y it [ n I � , ilk I r ' ' 9 + fy 4 Pr ' U�i � �S 9 'Iiy I ■ I I i 1 � it') Oh 1 I � .. 7 �e �1 �' �� L 1181 2 Town Board Minutes March 13 . 2000 Assessment to make an appointment for an informal hearing. 3 ) At the Water Resources Meeting the proposed new structure was discussed . It may affect the appointment of Danby Representative Carl Crispell . 4) Tompkins County Sanitary Code will be reviewed and one of the proposed changes is to the septic and sewage sections . There is a proposal to eliminate local permits for agricultural brush bums and it may require a DEC permit. 5) The CENSUS forms have been mailed and should be returned as soon as possible. Danby Town Hall will be used as an assistance center for Danby and Caroline . Councilperson Gladys Varona-Lacey will be assisting as a Spanish consultant. 6) A public meeting will be held in Caroline for the Lounsberry Bridge located in Brooktondale . 7) At the Water Resources Council Meeting the Aquifer Study was reviewed . 7) There were some discrepancies in the some of the ridership numbers for T-Cat. The numbers were counted incorrectly . 8 ) Representative Proto will be putting forth a proposal again for a grant writers position for the County . 9) The Board would like to get behind Mike Lane ' s efforts to get a veterans clinic in Tompkins County as there are a great number of veterans here . Letters of support may be directed to Congressman Hinchey and to Senator Schumer ' s office . Please copy to Representatives Lane and Proto . 10) A resolution was approved to increase the hours of certain positions in the County Planning Department. Two positions that were increased were for the Community Development Planner and the Circuit Rider. COMMUNICATIONS : 1 . Agreement to Spend Highway Funds from the Highway Department was received and signed by the Town Board. 2 . Addendum to Comprehensive Plan Agreement - PLAN - 98 - 7- 8020 A (Addendum) Susan Beeners reported that there was an attacment to be included with the contract. that has not been submitted to the board to review. The plan extends the contrct agreement for an additional eight ( 8) months and there are 59 hours available for circuit rider assistance . Motion Authorizing Supervisor to sign Comprehensive Plan Addendum A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the the following Contract Agreement with Tompkins County - Addendum to PLAN-98 -7- 8020 A (Addendum) dated February 14 , 2000 . PLAN-98-7-8020A (Addendum) ADDENDUM WHEREAS, agreement number PLAN-98-7-8020, made by and between the COUNTY OF TOMPKINS , a municipal corporation of the State of New York, having offices at 125 East Court Street, Ithaca, New York 14850, hereinafter referred to as the "COUNTY", and the Town of Danby of 1830 Danby Road, Ithaca, New York 14850 , hereinafter referred to as the "TOWN, " provided for the COUNTY to provide Circuit Rider services to the TOWN, and WHEREAS , the original agreement between said parties expired on December 31 , 1999 , and WHEREAS , the COUNTY has agreed to continue the work for an additional eight (8 ) months, until August 31 , 2000, based on the same terms and conditions of the original contract (PLAN 98 - 7- 8020) and these terms are mutually acceptable to the TOWN . IN WITNESS WHEREOF, the parties hereto have executed the addendum to be in effect from January 1 , 2000 through August 31 , 2000 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously 1. 11 82 3 Town Board Minutes March 13 , 2000 3 ) Letter to Town Clerk regarding the request for reduced speed limit on Comfort Road . It was determined that a reduced speed limit is not appropriate at this time . MICRO TOWERS - COUNTY TELECOMMUNICATION PROPOSAL County Representative Barbara Blanchard addressed the Board and residents as Chair of the County Committee "Communications Capitol Project Committee" (Corn Cap Committee) . The Committee has responsibility for several projects . The two to be addressed tonight are : 1 ) Microwave Towers , and 2) 800 MHZ Radio Tunking System. The committee is also responsible for a project that will move the existing Department of Transportation Facility on Third Street Extension in Ithaca to a new site so that the lake shore can be opened for more appropriate development . They are working on a project to consolidate the County 911 Operations into one facility . The proposal that they are presenting is to upgrade the communication system . Captain Joe Vitale - Representing Tompkins County Sheriffs Department - Public Safety Issues Captain Vitale distributed a communication entitled " Our Problem? We can ' t Talk ! " from Sheriff Peter Meskill . A video entitled "Why Can' t We Talk?" was left for the Board and interested persons to view at a later time . He explained that the problem of communications is County wide . He reported on two incidents : 1 ) A bank robbery where there could have been a hostage situation, and 2) a rescue on Cayuga Lake which was life threatening. Communications between law enforcement and rescue agencies would have saved valuable time for emergency purposes for a situations that could have been disastrous . Lee Shurtleff - Fire & Emergency Service Coordinator - Current System Lee described the communication system as it is today and explained that the County is talking about a County Wide Voice Communication System and is just one means of bringing all the emergency services together. The County system was upgraded in 1972 to a central telephone reporting system and started a dispatch operation (273 -8000) . In 1972 there were 1800 volunteers providing emergency response and today there are approximately 1200 and is a problem in the rural communities . The County relies heavily on mutual aide and multiple agency response . They have 60 different radio frequencies for government alone and there are over 100 radio frequencies used in all areas including public works, health department, probation, etc . The County transmits from fourteen ( 14) different sites that provide the County with only about 65 % radio coverage rate . The 800 MHZ range of frequencies are reserved by the Federal Communication System for public safety usage . Lee explained the system proposal that was designed for Tompkins County using the least number of transmitting sites and improving the coverage a level that is acceptable for public safety responders . There are nine sites for new towers proposed one of which is to be located in Danby on Curtis Road Jack Miller - Proposed System and Trunking Radio Jack Miller passed out a packet entitled "What is Trunking Radio ? " and explained that trunking is an effective use of a small number of radio frequencies controlled by a software system. The system is designed for 400 users and up to 4000 talk groups . This system allows for inter-operability between agencies with up to 95 % coverage in all areas of the County . Eight of the proposed towers will not exceed 180 feet in height eight so that they will not need lights . Barbara Blanchard said that urgency is the keyword that the committee is hearing from involved agencies . The committee is working on three levels trying to move this project ahead . There are several work groups that are working on specific issues . One of the most important workgroups is working on the financial issue. How much the total program will cost is a big issue . The committee will be addressing options on how the radios will be provided and cost of radios to the towns and villages . Procurement documents will be developed so that the system can be put up for bid . They are going to begin the environmental review process soon and will be working with the EMC . The committee will be putting resolutions before the County Board that will allow them to move forward with optioning some of the key sites for this project . 1183 4 Town Board Minutes March 13 , 2000 Chief Brian Wilbur - Ithaca Fire Department Chief Wilbur said that he has talked to a lot of people in the public safety business throughout the County and is hearing that they cannot talk. They are repeatedly competing for frequency (air time) time to relay messages . When you are responsible for people who are in the field working you are concerned for their safety and their well being. It is necessary to communicate with teams and with people in buildings during emergencies . Chief Wilber related the need to a recent fire in Ithaca on the Commons where communication was difficult due to busy frequencies and outdated radios that were not working well . Questions and Concerns of the Public : The public asked many questions that were addressed by the County Representatives . The Representatives addressed the following questions from the public . Q - 95 % Coverage - is the remaining 5 % not covered located in southern Danby? Q - concern that 5 % coverage is centered around Caroline , Danby and Newfield and what criteria was used to basically exclude this portion of the County of good coverage . Q - one study shows ten ( 10) sites and the one here has nine (9) - Q - What will happen to the existing towers - will they come down? There could be ten ( 10) depending where the dispatch center locates . Q - What do you plan to do with these towers at the end of their 20 year life span ? Q - Why not co- location with existing towers? Q - Can this be placed in the area in another spot other than my front yard such as on the neighboring NYS Forest Lands where it is less visible? Q - Why do we need this system when there are many studies that indicate micro wave transmittance ' s may be dangerous to everyone ' s health? Q - With a new home in the area a resident expressed concern about view of towers and does not want to live in an area where they are in his view . Also he is worried about the market value of the property if he chooses to sell . Q - Why not wait for satellite a short period of time as there is technology for satellite communications which would be far superior and not expose the County to liabilities related to unresolved health issues regarding electra-magnetic radiation and accident standpoints . Q - Is the cost of the radios included in the County ' s specs or are they a separate cost to the groups or users ? (No answer is available at this time. ) Q - Has the design of the towers (aesthetic impact) been looked at as to minimize the visual impact? (They have the option of the stand alone towers verses the guide towers and information has been requested on the stealth towers .) Q - Are other surrounding counties exploring or purchasing this type of system? (Yes - Schuyler, Tioga, Broom counties are in the beginning stages of design. ) Many of the issues and questions raised were answered and Barbara Blanchard said that all of the issues raised are important. It is important to get correct answers to all of the issues and they will be answered. The next thing the County will do is to develop a long question and answer document that will to inform the public . As soon as the environmental review is scoped out it will be shared with the public for comment before it is completed . The Town may want to have a meeting for discussion or another formal meeting . Code Enforcement Officer Susan Beeners reported to the County that the Town of Danby has a Wireless Telecommunications Local Law and that our Planning Board is the Special Use Permit lead agency. The County has preemptive rights and is exempt from zoning in this case and suggested that the County should have a future public information session at the Planning Board level when you get into visual impact and SEQR Review . Councilperson Varona-Lacey said that on behalf of the Danby Town Board she would like the County to give serious considerations to the concerns that have been raised by the Brous, Murphy and Jamarusty ' s regarding the direct visual impact on their properties and health related concerns . REPORTS : Highway Report - February 2000 - received 1184 5 Town Board Minutes March 13 , 2000 Code Enforcement Report - February 2000 received Dog Control - SPCA December Report received EMC Report : Robert Roe reported that the Annual Report of the EMC due next month (April) and copies will be sent to the municipalities . A UNA (Unique Natural Areas) report will be sent to the Town . The EMC recommendations for remediation of the Cornell dump site is ready to go to the Board of Representatives . Citizens have approached the EMC with concerns over the health of the Cayuga Inlet Fisheries due to the Southwest Park proposal . Planning Board Report : Robert Roe reported that at the last meeting of the Planning Board they looked at the comprehensive plan and its progress to date . They also did a review of the proposed zoning changes related to the porposal for the West Danby Church. Recreation Partnership - Councilperson Gagnon reported on the Recreation Partnership Committee . He reported that 30% of Danby' s youth participate in Recreation Partnership programs . The Town of Danby is the third highest user of the programs (32 %) . How the programs are subsidized and fees to users has not been decided at this time . Community Council : Eileen Wright reminded the Board and residents in attendance that there will be a meeting of the Special Meeting of the Community Council general membership on Wednesday, March 22 , 2000 at 7 : 00 p . m . , there will be a Country Dance this Saturday, March 18 , 2000 here at the Town Hall and includes a Dish-to-pass supper starting at 6 : 30 p . m . There will be a spaghetti dinner at the West Danby Fire Station on Sylvan Lane in appreciation of our firefighters on Saturday, March 18 , 2000 . Community Council is co- sponsoring the Danby Fair to be held on July 15 , 2000 at the Danby Fire Department. Danby Senior Citizens Carol Sczepanski reported that the Danby Senior Citizens met at the Danby Federated Church at noon on Thursday, March 2 , 2000 for their regular meeting and dish to pass luncheon. The entertainment was provided by Beverly Dawson who played the piano and led a sing-a-long . NEW BUSINESS : Set Public Hearing Dates : A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to set the date of Wednesday, March 29 , 2000 for three (3 ) public hearings : 1 ) at 7 : 00 p .m. Changing the name of Miller Road West to West Miller Road and Miller Road East to East Miller Road on the Official County Map ; 2 ) at 7 : 10 p .m. for Proposed Local law No . 1 entitled "Amending the Zoning Ordinance to add Cottage Industry to Commercial Zone "A" Permitted Uses by Special Permit, and to add the Definition of Cottage Industry. " ; 3 ) at 7 : 25 Proposed Local Law No . 2 of 2000 entitled "Amending the Zoning Ordinance to Establish a Commercial Zone "A- 1 " which would consist of Town of Danby Tax parcel No . 17 . - 1 -48 , located on the west side of N . Y . S . Route 34/96 south of Maple Avenue and Valley View Road, being also known as the (present or former) West Danby Methodist Church building property. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO. 34 OF 2000 A RESOLUTION PROVIDING FOR THE CHANGE IN CONTROL OF A CABLE TELEVISION FRANCHISE By Councilperson Gagnon : Seconded by Councilperson Strichartz 1185 6 Town Board Minutes March 13 , 2000 WHEREAS, the Town of Danby ("Franchising Authority") has granted a franchise to a subsidiary (the Franchisee") of Time Warner Inc . ("TWI") to provide cable television service ; and WHEREAS, TWI and America Online, Inc . ("AOL") have entered into an Agreement and Plan of Merger (the "Merger Agreement") dated as of January 10 , 2000 ; and WHEREAS , the Merger Agreement will result in a stock-for-stock merger (the "Transaction") in which TWI and AOL will merge with subsidiaries of a newly formed holding company; and WHEREAS , as a result of the Transaction both TWI and AOL will become wholly owned subsidiaries of the new company. AOL Time Warner Inc . ; and WHEREAS , the Franchising Authority has concluded the Transaction will result in a change of control of the Franchisee . NOW, THEREFORE, BE IT RESOLVED BY FRANCHISING AUTHORITY * To the extend required under the terms of the Franchise , the Franchising Authority authorizes and consents to any change in control of the Franchisee resulting from the Transaction . * The Franchisee shall remain responsible for all obligations under the Franchise . * The foregoing consent shall be effective upon the closing of the Transaction A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO . 35 OF 2000 APPROVAL FOR USE OF TOWN HALL By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby grants permission for Community Council to reserve the following dates for use of the Town Hall for the following activities : 1 ) April 15 , 2000 for an English Country Dance at 6 : 30 p . m . 2 ) May 21 , 2000 for a Folk Concert at 2 : 00 p . m . 3 ) June 17 , 2000 for an English Country Dance at 6 : 30 p . m . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Dog Enumeration The Town Clerk reported to the Board that it is time to do a dog enumeration as there has not been one performed for over two (2) years . Motion to Seek Proposals for Dog Enumeration A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby authorizes the Town Clerk to seek proposals for a dog enumeration for the. Town of Danby from the Tompkins County S . P . C . A and others . 186 7 Town Board Minutes March 13 , 2000 A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Motion to Grant Approval for the Town Clerk to Attend Annual New York State Town Clerk' s Association (NYSTCA) Conference A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby grants approval for the Town Clerk to attend the Annual New York State Town Clerk' s Association (NYSTCA) Conference in Saratoga Springs from April 29 - May 3 , 2000 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Approval for Additional Phone Lines for Town Hall Facility A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby authorize the Town Supervisor to have additional phone lines installed for the Town Hall facility . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO. 36 OF 2000 RENAMING AND RENUMBERING OF CONTINGENCY FUND By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby renames and renumbers Account No . A1990 . 400 (Contingency Fund) to account No . A1989 .400 (Other Government Support) . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Land Purchase for Highway Department- Update Supervisor Inman reported to the Board that additional land is needed at Town Highway Department to build a salt shed . He would like the Town to pursue the purchase of adjoining land . Motion to Authorize Town Supervisor to Continue negotiations on Land Purchase for Town Highway Department A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town 187 8 Town Board Minutes March 13 , 2000 Board of the Town of Danby authorize the Town Supervisor to continue negotiations for the purchase of additional land adjacent to the Town Highway Department . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Approval for Town Supervisor to Sign Contract for Mowing of Town Cemeteries and Town Hall Facility Lawns A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby authorizes the Town Supervisor to sign an agreement with Shawn Henderson for the mowing of the Town cemeteries and the Town Hall lawns . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Motion to Enter Into Executive Session of the Board A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon at 10 : 20 p . m . that the Town Board of the Town of Danby enter into Executive Session of the Board to discuss a possible Planning Board appointment . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously The Regular Meeting of the Board resumed at 10 : 30 P. M. RESOLUTION NO. 37 OF 2000 APPOINTMENT TO THE PLANNING BOARD By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby appoints Daniel Klein of 56 Durfee Hill Road , Ithaca, New York to a seven (7) year term on the Town of Danby Planning Board with the term of appointment to begin immediately and expire on December 31 , 2006 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously SUPERVISOR ' S REPORT Supervisor Inman reported to the Board that he has received all the tax monies for the year 2000 from the Town Clerk and that he is in the process of investing the funds . The Special Grant fund 1188 9 Town Board Minutes March 13 , 2000 account has been opened . Approval of the Supervisor' s February 2000 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approve the Supervisor' s February 2000 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Approval of the Town Clerk' s February 2000 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approve the Town Clerk' s February 2000 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously APPROVAL OF WARRANTS General Fund Warrant No. 2 of 2000 - Approved A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approve the General Fund Warrant No . 2 of 2000 voucher numbers 85 - 133 in the amount of $ 15 , 682 . 14 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Highway Fund Warrant No. 2 of 2000 - Approved A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon to approve the Highway Fund Warrant No . 2 of 2000 voucher numbers 18 - 35 in the amount of $ 22 ,418 . 17 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously West Danby Water District Fund Warrant No . 2 of 2000 - Approved A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte t approve the West Danby Water District Fund Warrant No . 2 of 2000 voucher numbers 5 -9 in the amount of $ 1 ,025 . 49 . A roll call vote on the motion resulted as follows : 1 / 8 ? 10 Town Board Minutes March 13 , 2000 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 20 p .m. LZ UJ. ej I /VAL rol W . Sczepans , own Clerk