The URL can be used to link to this page

Home My WebLink About2000-12-27 I P I i I 1 I t ^ i I .I i a I I i 1 > > oW 11 : 1289 TOWN OF DANBY TOWN BOARD MINUTES YEAR END MEETING DECEMBER 27, 2000 Special Meeting PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz • ABSENT : Councilperson Varona-Lacey (Excused) Others Present : Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Susan Howe James Herson The meeting was called to order by Supervisor Edward Inman at 7 : 05 p .m. Supervisor Inman read a letter from Edward Abruzzo , New York State Zone Sergeant from Zone III regarding the speed limit on NYS 96B through the East Miller Road and West Miller Road Intersection. The Department of Transportation Engineers reviewed his request to reduce the 55 MPH speed limit to 45 MPH at that intersection and determined that adding a 45 MPH advisory speed panel below each existing intersection warning sign would be appropriate . PRIVILEGE OF THE FLOOR: Councilperson Strichartz reported that Community Council has received a $2 , 000 grant for concert series at the Town Hall . TRAFFIC ORDINANCE FOR THE TOWN OF DANBY The Town Board reviewed the Proposed Traffice Ordinance for the Town of Danby and amended Section 2 (a) gross weight of five or more tons to fifteen or more tons . TRAFFIC ORDINANCE FOR THE TOWN OF DANBY Pursuant to Section 130 of the Town Law of the State of New York, and Section 1660 of the Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Danby, Tompkins County, New York, does ordain and enact as follows : Section 1 . Territory Affected . This ordinance shall be applicable to all territory within the Town of Danby. Section 2 . Prohibition of Trucks Vehicles from Certain Highways . • (a) Any truck, commercial vehicle, tractor, tractor-trailer combination, tractor-semitrailer combination, or tractor-trailer-semitrailer combination, with a gross weight of fifteen or more tons shall be excluded from that portion of East Miller Road from its intersection with Coddington Road westward to N . Y . S . Route 96B . (b) The foregoing exclusion shall not prohibit the delivery or pickup of merchandise or other property along the highways from which such vehicles are otherwise excluded. Delivery or pickup shall include : regularly scheduled garbage , trash or rubbish removal from any residence along such highway, the deliver of building products or materials to a site that can only be reached over such highway; the pickup or delivery of school children; the use by farm machinery or equipment ; the use by town employees operating town highway equipment for paving, reconstructing, rebuilding or maintaining such highway (including snow plowing) ; and the use by fire apparatus 1 2 9 0 2 Town of Danby Town Board Minutes December 27 , 2000 or other emergency equipment . Delivery and pickup shall not include regular and continuing use by such vehicles as a route to reach a particular site or as a through highway between two or more other highways not subject to similar restrictions, regulations or limitations . Section 3 . Prohibition of Heavy Vehicles from Certain Culverts . No vehicle with a gross weight of ten or more tons shall cross over the culvert on Gunderman Road located approximately 200 feet westerly on Gunderman Road from its intersection with N . Y . S . Route 96B . Section 4 . Temporary Exclusion of Vehicles from Certain Highways . Pursuant to Vehicle and Traffic Law Section 1660(a) 11 , upon recommendation and report of the Town Highway Superintendent indicating it is in the public interest the Town Board may by order temporarily exclude from any portion of any Town highway any vehicle and a gross weight of over four tons or any vehicle with a gross weight in excess of any designated weight on any wheel , axle, any number of axles, or per inch width of tire when in its opinion such highway would be materially injured by the operation of any such vehicles thereon. Such exclusion shall take effect upon the erection of signs on the section of highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in the official town newspaper. The exclusion shall remain in effect until the removal of the signs as directed by the Town Board . Upon written application by any operator of a vehicle subject to this section, the Town Board may issue a permit providing appropriate exemption to such vehicle, if it is deemed that said vehicle is performing essential local pickup or delivery service and that a failure to grant such permit would create hardship . Every such permit may designate the route to be traversed and contain other reasonable restrictions or conditions deemed necessary. Every such permit shall be carried on the vehicle to which it refers and shall be open to inspection of any peace officer, acting pursuant to his special duties , or to any police officer . Such permits shall be for the duration of restriction imposed under this section . Section 5 . Penalties . Any person convicted of violating this ordinance on the first conviction may be punished by a fine not exceeding $250 . 00 and/or by a period of imprisonment not exceeding 15 days . Upon the second conviction of said person the fine shall not exceed $ 500 . 00 and/or 90 days imprisonment and for a third and all subsequent convictions the fine shall not exceed $ 1 ,000 . 00 and the period of imprisonment shall not exceed 1 year for each such conviction . Section 6 . Owner of Vehicle . The owner of the vehicle shown on the most recent vehicle registration for any vehicle found violating any provision of this Ordinance, as well as the operator of any such vehicle, may be convicted of a violation of this Ordinance and punished as set forth herein. Section 7 . Injunctive Relief. The Town Board may, in addition to any other remedy available to it in law or equity, maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to restrain by injunction the violation of this Ordinance or any rule, regulation or order promulgated by the Town Board notwithstanding that this Ordinance provides a penalty or other punishment for such violation. Section 8 . Effective Date . This ordinance shall be effective upon the later of 10 days after publication and posting in accordance with Section 133 of the Town Law, provided that no person shall be found in violation of this Ordinance if the appropriate traffic control device related to the alleged infraction was not properly installed . RESOLUTION NO 89 of 2000 RESOLUTION ADOPTING THE TRAFFIC ORDINANCE FOR THE TOWN OF DANBY By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on November 8 , 2000 , at 7 : 00 P .M. to hear all interested parties on a proposed Ordinance entitled "TRAFFIC ORDINANCE FOR THE TOWN OF DANBY" ; and 1 i . t 1 " , S i I , 11 1 1 �� 1 I � I L I1N Iii id � ��i .J■ � ,i1 litiLi1� I 1 1I r I ' i � _ � :1 � I 1 FIJ 't, lalx 1�� 11 '�r .dkla t. _ . , _ L 1 2; 9: 1 3 Town of Danby Town Board Minutes December 27 , 2000 WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Ordinance , or any part thereof; and • WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) of the N . Y . S . Environmental Conservation Law it has been determined by the Town Board that adoption of said proposed Ordinance would not have a significant effect upon the environment and could be processed without further regard to SEQR, and WHEREAS, the Town Board is authorized to adopt such Ordinance pursuant to Town Law Section 130 and Vehicle and Traffic Law Section 1660 ; now therefore, be it RESOLVED , that the Town Board of the Town of Danby hereby adopts said Ordinance entitled "TRAFFIC ORDINANCE FOR THE TOWN OF DANBY" , a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that, pursuant to Section 133 of the Town Law, the Town Clerk is directed to (a) Enter such Ordinance into the minutes of the Town Board; (b) Publish such Ordinance or a summary thereof in the official newspaper of the Town and file the affidavit of such publication in the Town Clerk ' s Office ; and ( c) Enter a copy of such Ordinance into the Town' s "Ordinance Book : maintained by the Town Clerk pursuant to Town Law Section 30 ( 1 ) . A roll call vote on the resolution resulted as follows : Councilperson Varona Lacey - Absent Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously CSEA AGREEMENT The Agreement by and between the Town of Danby and the Civil Service Employees Association, Inc . Local 1000, AFSCME, AFL-CIO of the Tompkins County Local 855 Unit 8911 -00 for January 1 , 2001 -December 31 , 2003 was returned to the Town Board with a request to recind an amendment made by the Board in Article 6 Section 3 on November 13 , 2000 . ® Motion to Approve CSEA Agreement A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby approve the Agreement by and between the Town of Danby and the Civil Service Employees Association, Inc . Local 1000 , AFSCME, AFL-CIO of the Tompkins County Local 855 Unit 8911 -00 for January 1 , 2001 -December 31 , 2003 as it was originally submitted with the amendment in Article 6 Section 3 with the statement "taken as partial days" deleted and used on a partial basis inserted. A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Unanimously 12: 92 4 Town of Danby Town Board Minutes December 27 , 2000 NEW BUSINESS : ENCUMBERANCES FOR THE YEAR 2001 Highway Department Requests A motion was made by Supervisor Inman and seconded by Councilperson Gagnon that the Town Board of the Town of Danby encumber the following accounts : Fund Balance in DA5112 .400 from FEMA (not to exceed $ 19 ,603 ) A5132 .400 - $ 1146 . 50 • DA5130 . 400 - $ 6 ,700 A5010 . 200 - 750 A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Carried Unanimously Inman Aye General Fund Encumberances A motion was made by Councilperson Gagnon and seconded by Supervisor Inman that the Town Board of the Town of Danby encumber funds in the General Fund Accounts as follows : A8010 .400 - $216 A1410 . 200 - $470 A600 - $250 (software) A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye CarriedUnanimously Inman Aye APPROVAL OF WARRANTS : West Danby Water District Fund Warrant No. 13 of 2000 A motion was made by Councilperson Gagnon and seconded by Supervisor Inman that the Town Board of the Town of Danby approve the West Danby Water District Fund Warrant No . 13 of 2000 voucher numbers 53 - 55 in the amount of $ 839 . 95 . A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye CarriedUnanimously Inman Aye Hi hwa Fund Warrant No. 13 of 2000 A motion was made by Councilperson Nolte and seconded ��No . 13 of 2000 the Board of the Town of Danby approve the Highway 198 - 204 in the amount of $ 14930 . 43 . A vote on the motion resulted as follows : Gagnon Aye Nolte Aye ■ � ! II i 9 I F . 111.1 " , I II d 1293 5 Town of Danby Town Board Minutes December 27, 2000 Strichartz Aye Inman Aye CarriedUnanimously General Fund Warrant No . 13 of 2000 A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby approve the General Fund Warrant No . 13 of 2000 voucher numbers • 545 - 578 in the amount of $ 10, 877 . 85 . A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye CarriedUnanimously HR- 1 Account (Town Building Capital Reserve) Account A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby approve the HR- 1 Town Building Capital Reserve Account expenditures in the amount of $ 3 , 316 . 45 . A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye CarriedUnanimously Capital Reserve Account A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes the Town Supervisor to place the balance of funds from the Year 2000 into the Capital Reserve Account . A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye CarriedUnanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 25 P . M . • Carol W . Scze ki , Town Clerk spm 12-27 . 00