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HomeMy WebLinkAbout2000-08-14 I227 1 Town Board Minutes August 14 , 2000 TOWN OF DANBY TOWN BOARD MINUTES AUGUST 14 , 2000 REGULAR MEETING PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz • ABSENT : Gladys Varona-Lacey (Excused Others Present : Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk Frank Proto - County Representative Bob Beck - Guest to report on Unique Natural Areas Report Members of the Public : Linda Dorn, Janet O ' Hair, Simon Ungers , Dorothy and Willard Deatsch , Eileen Wright Supervisor Inman called the meeting to order at 7 : 08 P . M . and led all present to the Pledge of Allegiance to the American flag . Additions to the Agenda : Susan Beeners requested the extension of the summer intern contract for the comprehensive plan be added to the agenda under new business . No Board member objected . Privilege of the Floor : Councilperson Strichartz reported that the Mikula family has been blessed with quadruplets and they would welcome any help residents in the community can provide . They are in need of help for persons to babysit and feed anytime and any day of the week day or night . The Town clerk reported that our voting machine custodian Edward M . Roberts has submitted a resignation to become effective immediately . The Board of Elections has provided us with Wilson Kone from Slaterville as a temporary custodian for the Primary Election on September 12 , 2000 . Willard Daetsch reported that the Danby General Store is willing to accept donations for the Mikula quads . County Representative - Frank Proto County Representative Frank Proto reported : Water Resources Council - The committee has a resolution of appointment by the Town of Danby for Carl Crispell but they need another resolution for a new member as he is unable to serve . The • Town of Danby had an appointed seat before the restructuring of the Council . Flood Mitigation Projects - There is a concern with who is responsible for the engineering for the projects to get the accepted . Kate Hackette is the Water Resources Planner and provides assistance to the flood mitigation applications and projects . Purchase of Development Rights - A budget request was presented to the Agriculture and Protection Committee for $ 10 , 000 to develop a schematic and to do a study on the purchase of development rights . Communication Towers Project - Representative Proto has been making visits to fire companies to obtain views on the County Proposed Communication Towers Project . The needs assessment for the project is now more formalized and the State may be willing to talk about using State lands for a tower placement in Danby . Census 2000 - The Census has been completed in Tompkins County . 1228 2 Town Board Minutes August 14 , 2000 UNIQUE NATURAL AREAS - SLIDE PRESENTATION and Report Bob Beck from the Environmental Management Council presented the Town with a copy of the Unique Natural Areas Inventory and Report and gave a brief slide presentation . Unique Natural Areas Inventory and Report. The report is used for information only as the County has no regulatory control over these lands but does consider the locations of the UNA ' s when evaluating projects . The report data sheets closely follow SEQR questions that occur for environmental reviews and are used to assist applicants and decision makers in filling out forms . COMMUNICATIONS : 1 ) Resignation of Edward Roberts as Voting Machine Custodian 2) Letter from Carrie Ryan - Hillview Road - concerns with the condition of Michigan Hollow Road Supervisor Inman read the letter from Carrie Ryan and the response of the Highway Superintendent . REPORTS Highway Department - July 2000 Report Received Code Enforcement Office - July 2000 Report Received Code Enforcement Officer Beeners reported that she is working with the Highway Department on road re-classification and a revised official road map . Planning Board Report : Susan Beeners reported that she , Olivia Vent, Laurene Gilbert and the summer intern have been discussing how to process and edit the comprehensive plan draft sections . An update on the plan may be available by the September Board Meeting . Recreation Partnership Report : Councilperson Gagnon reported that a draft proposal has been sent to all municipalities that are going to be included in the partnership . The response from the municipalities on the proposal has been generally positive . The proposed formula is fairly kind to Danby as it is one one of the larger users of the programs in number of participants . The committee would like a letter of commitment from the Town that they will buy into the Youth Recreation Partnership Plan . Councilperson Strichartz said that she is happy with the proposal but has not had her basic question answered with regards to the distribution of high income low income kids . She would like to know that it is not all upper middle class kids using the programs . Nancy Zaler has also asked for a sense of whether the Board supported the role that has been proposed to the County as well as it is part of the package . Danby Community Council Report : President of Community Council Willard Daetsch reported that Community Council has passed a tentative budget to submit to the Town Board . The Danby Fair this year was a big success . The playground equipment has arrived and building days for the playground are August 25 and 26 , 2000 from 9 : 00 a. m . to 5 : 00 p . m . • Code Enforcement Officer Susan Beeners asked if there was any report from the Alternate Site Committee . I " Eileen Wright reported that the committee met and most agreed that in the long term it would be nice to have the land. There was no general agreement as to how the land should be acquired or by what entity . They are still waiting for a report from the Department of Transportation . Senior Citizen Report : The Senior Citizens did not meet in August. They will be going on a trip to the Merry Go Round Theater to see " Gypsy" on August 21 , 2000 . i'. Dog Control Report - SPCA Report for June Received . • 1229 3 Town Board Minutes August 14 , 2000 The Town Clerk reported that the dog enumeration is moving along and should be completed soon . Makarainen Road - Unger Proposal Supervisor Inman reported that he has just received information back from our Town Attorney and has not had a chance to review it . He does not think we should take any action until we have had a chance to review all the material . Mr . Ungers reported that he plans to move into his residence on Makarainen Road on August 25 , 2000 . He said that he does not know what the Code Enforcement Officer is doing in regard to the Sstatus of the Road . The Code Enforcement Officer reported that the Town is still treating the right-of- way as a public road based on the 1978 Official Highway Map and the Town Zoning Map. Because of that the Town Attorney advised that Mr. Ungers still apply to the Board of Zoning Appeals for the setback variance to that right-of-way . Supervisor Inman said that he thinks that a conditional Certificate of Occupancy could be allowed for the use of the house only if the house complies with a FPA Building Code regulations, and that condition being the determination for Makarainen Road with the possible violation for setback requirements . The Code Enforcement Officer said that a conditional C 0 could be issued if the Board directs her to do so . Motion Directing Code Enforcement Officer to Issue a Temporary Certificate of Occupancy A motion was made by Supervisor Inman and seconded by Councilperson Strichartz that the Town Board of the Town of Danby directs the Code Enforcement Officer to issue a Temporary Certificate of Occupancy for the Simon Ungers Residence when it complies to all normal standards other than the front yard setback until the issue for abandonment has been determined by the Town Board . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously OLD BUSINESS : Land Purchase for Highway Department : There has not been any progress on the Land Purchase for the Highway Department. Proposed Noise Ordinance Councilperson Strichartz distributed a copy of the Proposed Noise Ordinance that was revised by the Town Attorney to the Town Board for review . The Board reviewed and suggested a few revisions to the draft ordinance . She would like the Board to consider setting a public hearing date for the Proposed Noise Ordinance . The suggested changes and an appeal process , and a notification to neighbors process will be inserted into the draft and sent to the Town Attorney for comment. The Proposed Noise Ordinance will be sent to the Planning Board for review . Benjamin ' s One Stop : Code Enforcement Officer Susan Beeners reported that the matter of Benjamin ' s One Stop is proceeding pursuant to the provisions of the local law . RESOLUTION NO 62 OF 2000 RECOMMENDATION TO COUNTY BOARD OF REPRESENTATIVES FOR APPOINTMENT TO WATER RESOURCES COUNCIL By Supervisor Inman : Seconded by Councilperson Strichartz WHEREAS , by Resolution No . 32 of 2000 Dated February 14 , 2000 , the Town of Danby Town 1230 4 Town Board Minutes August 14 , 2000 Board recommended the appointment of Carl Crispell of 1152 Coddington Road, Brooktondale, New York to fill the Town of Danby spot on the Tompkins County Water Resources Council , and WHEREAS , though that appointment was approved by the Tompkins County Board of Representatives, the Water Resources Council , underwent reconfiguration , and WHEREAS , the County was urged retaining those originally seated members , and _ WHEREAS, Mr. Crispell is unable to continue his appointment due to health complications , now, therefore be it ` ` .. f RESOLVED , that the Town of Danby Town Board hereby recommends the appointment of Linda Dorn of 1316 Coddington Road , Brooktondale , New York 14817 to the Water Resources Council as the representative for the Town of Danby . A roll call vote on the Resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously RESOLUTION NO . 63 OF 2000 REFERRAL TO PLANNING BOARD OF PROPOSED LOCAL LAWS By Councilperson Gagnon: Seconded by councilperson Strichartz RESOLVED , that the Town Board of the Town of Danby refers the proposed laws entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE TO INCREASE MINIMUM LOT SIZES IN LOW AND MEDIUM DENSITY RESIDENTIAL ZONES AND TO ELIMINATE THE PROVISIONS REDUCING LOT SIZES AND DIMENSIONS ALONG EXISTING PUBLIC ROADS " , and "A LOCAL LAW AMENDING THE ZONING ORDINA\ CE TO ELIMINATE THE COMMERCIAL TARGET AREA FROM MEDIUM DENSITY RESIDENTIAL ZONES " to the Planning Board for review and comment . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously The Board discussed the time frame needed to set the public hearing date and the process for the SEQR Review that must take place . The Code Enforcement Officer reported that there needs to be a Type 1 SEQR review and that will include looking at the economic impact and effect on assessed evaluation and land values . Councilperson Strichartz said that the suggested changes are necessary as there are many residents who have built their homes in low residential areas and did not know that a high density zone exists I along all the roadways . I Councilperson Nolte said that this may or may not meet some broader long term interests . We as a Board have never had a long discussion about the impact of the proposed zoning change and should not come up on the spur of the moment saying I want this changed . Councilperson Gagnon reported to the Board some of the background leading to the zoning regulation allowing one ( 1 ) acre lots along the existing roads with one hundred fifty feet of frontage . He suggested increasing lot sizes . He said he would like to see the Board establish that low density _ I I , I i 5 Town Board Minutes August 14 , 2000 is five(5 ) acres , medium density is three (3 ) acres . Code Enforcement Officer Susan Beeners said that the suggested change in the lot sizes is an extremely complicated one and that there are other ways to accomplish the same density effect. This needs to be studied to find out the economic impact, assessed value , impact on land values . There needs to be some research done and to find out from assessment what the impact would be if we were to adopt this . Supervisor Inman suggested that we take away the one acre with hundred fifty foot ( 150' ) strip along the roadways in the medium and low density areas and have a regulation that lot sizes along the roads conform with the one and one half acre ( 1 - 1 /2 ) and the two (2) acre requirement. RESOLUTION NO . 64 OF 2000 APPROVAL OF ONE HUNDRED ( 100) ADDITIONAL HOURS FOR INTERN FOR COMPREHENSIVE PLAN By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, That the Town Board of the Town of Danby approve the extension of the contract for the Cornell University Cooperative Summer Intern for an additional one hundred ( 100) hours if agreeable to be paid out of Account No . A8020 . 401 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously Approval of Town Supervisor' s July 2000 Report A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approve the Town Supervisor ' s July 2000 report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Carried Unanimously Approval of Town Clerk' s July 2000 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approve the Town Clerk ' s July 2000 Report as submitted . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously APPROVAL OF WARRANTS Approval of General Fund Warrant No . 8 of 2000 A motion was made by Councilperson Gagnon and seconded by Nolte that the Town Board of the Town of Danby approve the General Fund Warrant No . 8 of 2000 , voucher numbers 302 - 344 in the amount of $ 9 , 069 . 05 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye C s 123 6 Town Board Minutes August 14 , 2000 Strichartz Aye Inman Aye Carried Unanimously Approval of the Highway Fund Warrant No . 8 of 2000 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approve the Highway Fund Warrant No . 8 of 2000 , voucher numbers 104 - 123 in the amount of $48 , 536 . 29 which voucher No . 123 in the amount of $ 750 . 00 payable to Whitmore Fence Company for FEMA Work/Larue Rd . /Speech Clinic charged to DA600 A roll call vote on the resolution resulted as follows : • Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously Approval of West Danby Water District Fund Warrant No . 8 of 2000 A motion was made by Councilperson Strichartz and seconded by that the Town Board of the Town of Danby approve the West Danby Water District Fund Warrant No . 8 of 2000 , voucher numbers 26 - 30 in the amount of $ 853 . 74 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously I • I . Approval of HR- 1 No . 1 of 2000 A motion was made by Councilperson and seconded by Councilperson Nolte that the Town Board of the Town of Danby approve the HR- 1 of 2000 voucher for Taitim Engineering in the amount of $212 . 50 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 34 p . m . t jets Carol W . Sczepa /' *el , Town Clerk min- 8 - 14 . 00