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HomeMy WebLinkAbout2001-04-09 / 338 1 Town Board Minutes April 9, 2001 TOWN OF DANBY TOWN BOARD MINUTES APRIL 9, 2001 PRESENT : • Supervisor Edward Inman Councilpersons : Naomi Strichartz, Gladys Varona-Lacey � Joel Gagnon, Norbert Nolte arrived 7 : 15 p .m . Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Susan Howe - Highway Department Secretary Members of the Public : Ken Horst, Earl Ekdall , Linda Dorn Supervisor Edward Inman called the meeting to order at 7 : 05 p .m. and led all present to the Pledge of Allegiance to the American Flag. ADDITIONS TO THE AGENDA: 1 ) Discussion on highway specifications - added under Communications . 2) Makarainen Road - Resolutions 1 ) Determination of Environmental Significance 2) Consent to filing of a description of right of way deemed to be abandoned. 3 ) Insurance Bids 4) Open House 5 ) July Board Meeting - Change of date due to the holiday on July 4 . 6) Status of the proposed zoning changes be discussed under old business . No Board member objected to the additions on the agenda. PRIVILEGE OF THE FLOOR: Town Funds : Supervisor Inman reported that the Town monies have been placed in Certificates of Deposit for terms ranging from thirty(30) days to two-hundred ten (210) days . April 15, 2001 - Concert with Baroque Musicians : Councilperson Strichartz reported that there would be a concert with Baroque musicians on Sunday , April 15 , 2001 at 7 : 00 p .m . here at the Town Hall . This is part of Danby Community Council ' s concert series, is free and open to the public and is supported by a grant obtained through the New York State Council on the Arts . Town Clerk Carol Sczepanski reported that late notice for tax collection will be mailed this week. At the New York State Town Clerk' s Association meeting in Buffalo Carol will be seated as a New York State Town Clerk' s Association Regional Director for Region 6 . Supervisor Inman reported that there is a new sign with suggested speed limit of 45 m.p .h. through the intersections of East and West Miller Roads on NYS Rte . 96B and a horse crossing sign. There is also a horse and buggy crossing sign south of the intersection. The suggested speed is better than nothing. COMMUNICATIONS : The Board has received copies of the Town of Danby Highway Specifications . Copies of specifications from other townships are available from the Town that will be made available to councilpersons upon request. The Highway Superintendent has suggested that the Town consider two sections independent of each other. 1 ) A Attorney hould also be contacted Construction l Specifications , and 2)accepting a road. Criteria for accepting a road. The Town y 1339 2 Town Board Minutes April 9, 2001 OLD BUSINESS : PROPOSED LOCAL LAWS AMENDING THE ZONING ORDINANCE Councilperson Gagnon said that the proposed local laws have been sent to the Planning Board for their review and recommendation. The risk of scheduling the hearings at this time is that it is possible that the Planning Board may suggest sum substantive change and the Board were to agree it would be necessary to change the language and cancel the hearing or hold an additional hearing. Councilperson Strichartz has consulted with the Chair of the Planning Board and it is possible that there would be a mixed recommendation from the Board. The Code Enforcement Officer reported that she is still preparing the SEQR for the local laws and expects to have it completed next week. The information will be sent to Tompkins County Planning Department for their recommendation . She hopes it is available by the May 14 , 2001 meeting. PROPOSED LOCAL LAWS PUBLIC HEARING DATE SET : RESOLUTION. NO. 45 OF 2001 By Councilperson Gagnon : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby sets the date of Monday, May 14 , 2001 at 7 : 00 p . m. for a public hearing for a proposed local law entitled : "A Local Law Amending the Zoning Ordinance and Zoning Map to Remove provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads Shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-existing Lots and Nonconforming Lots of Record", and a local law entitled : "A Local Law Amending the Zoning Ordinance to Eliminate Medium Density Residential Zones from the Commercial Target Area". A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously MAKARAINEN ROAD ABANDONMENT Code Enforcement Officer presented the Town Board with the SEQR Forms, the review maps and the proposed resolutions for Makarainen Road . She reported for the record that the Abrams and Ungers each retain a private right of way as access along the roadway and is included in the deeds . Mr. Ungers attorney said that he will prepare a conveyance to the Town an easement for the turn- around . RESOLUTION NO. 46 OF 2001 DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE-IN THE MATTER OF CONSENTING TO THE FILING, BY THE TOWN OF DANBY HIGHWAY SUPERINTENDENT, OF A DESCRIPTION OF A PORTION OF THE MAKARAINEN ROAD RIGHT OF WAY DEEMED ABANDONED PURSUANT TO NEW YOUR STATE HIGHWAY LAW ARTICLE 8, SECTION 205, PARAGRAPH 1 By Councilperson Gagnon : Seconded by Councilperson Strichartz 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 years shall cease to be a highway, and that the Town Highway Superintendent with the 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 and public right of way under consideration is described as all that portion 1340 3 Town Board Minutes April 9, 2001 of former Makarainen Road east of a point at the end of Makarainen Road that is 1320 feet east of the centerline of the intersection of Makarainen road and Nelson Road ; such highway right of way having a width of 3 rods or 49 . 5 feet; and WHEREAS, The Town of Danby Town Board has determined that this matter is a Type II action pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 , but is treating this 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 Board has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement Officer that a negative determination of environmental significance be made for this Unlisted action; now, therefore, it is RESOLVED, That the Town Board of the Town of Danby, acting as Lead Agency in environmental review of the Matter of Consenting to the Filing, by the town of Danby Highway Superintendent, of a Description of a Portion of the Makarainen Road Highway Right of Way Deemed Abandoned pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 , accepts the draft Short Environmental Assessment form and recommendation as presented, and hereby makes a negative determination of environmental significance for this action. 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. 47 OF 2001 IN THE MATTER OF CONSENTING TO THE FILING, BY THE TOWN OF DANBY HIGHWAY SUPERINTENDENT, OF A DESCRIPTION OF A PORTION OF THE MAKARAINEN ROAD HIGHWAY RIGHT OF WAY DEEMED ABANDONED PURSUANT TO THE NEW YORK STATE TOWN HIGHWAY LAW ARTICLE 8 , SECTION 205, PARAGRAPH 1 By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey 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 years shall cease to be a highway, and that the Town Highway Superintendent with the 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 and public right of way under consideration is described as all that portion feet east of of former Makarainen Road east of a point n Road; such highway right fight of way the centerline of the intersection of Makarai nen road and Nelson having a width of 3 rods or 49 . 5 feet; and WHEREAS , The Town 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 , and that the Town Highway Department has not maintained such highway in six (6) years, and WHEREAS, The Town Board of the Town of Danby, acting as Lead Agency in environmental review of this matter, has on this 9th day of April, 2001 made a negative determination of environmental significance ; a NOW, THEREFORE, IT IS 1341 4 Town Board Minutes April 9 , 2001 RESOLVED, That the Town Board of the Town of Danby hereby accepts the determination of the Town Highway Superintendent, that the subject portion of the Makarainen Road 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 of Danby Highway Department has not maintained such highway in six (6) years ; and FURTHER RESOLVED, That the Town Board of the Town of Danby hereby consents to the filing, by the Town Highway Superintendent, of a written description, signed by him and by the Town Board, and appended hereto, of that portion of the Makarainen Road highway right of way so abandoned ; and 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 : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously REPORTS : Water Resource Council Report : Linda Dorn reported that she is part of the Education Committee on the Water Resource Council . They are trying to educate the local municipalities of the need for an aquifer study. Greg Scott from Water Resource Conservation has offered to do a display demonstration at the Danby Field Day . County Representative Report : Aquifer Study - Representative Proto reported that he is chair of the Water Resources Council and a special committee has been appointed to elaborate on the aquifers and a need for a study . They will be addressing the Tompkins County Municipal Officials Association and the Tompkins County Environmental Management Council with a presentation. Sales Tax - The temporary one per cent ( 1 %) increase in sales tax must go to the State every two years the for review to be extended . Commercial Revitalization Grants - This next cycle is very sensitive and was put on hold until the rules could be reviewed. These grants are important to every township . Telecommunication Tower - South Hill - a site on South Hill has been approved for a cell tower for telecommunications . Benjamin ' s One Stop - has been removed from the County foreclosure list. Redistricting - the County would like to involve the municipalities in reviewing the maps and configurations for redistricting and have scheduled a special meeting. Budget Review - the County has started to review the proposals for the 2002 budget . T-CAT - Ridership in Danby and Caroline has increased by 11 % . NEW BUSINESS : Code Enforcement Officer reported that there was $240 .00 and $63 .00 charged to the Summer Intern Account. She has adjusted the fund request for intern assistance . RESOLUTION NO. 48 OF 2001 AMENDING TOWN BOARD MOTION OF MARCH 12, 2001 - APPROVAL OF SUMMER INTERN FOR COMPREHENSIVE PLAN By Councilperson Strichartz: Seconded by Councilperson Gagnon WHEREAS , the Code Enforcement Officer has reported that there is a need to retain a summer intern under the Cornell Summer Internship Program for work on the Comprehensive Plan; and WHEREAS, the Town Board by motion on March 12 , 2001 authorized the Code Enforcement Officer to advertise and hire a person as a summer intern to work on the comprehensive plan; and 1 42 5 Town Board Minutes April 9, 2001 WHEREAS, the Code Enforcement Officer has reported that the summer internship would involve a Town expenditure of $ 1 , 375 . 00 as half of the student' s total compensation for ten, twenty-hour weeks, and that the other half of that compensation would be paid by Cornell, and that the amount proposed for Town expenditure is within the amounts budgeted for the Comprehensive Plan Account A8020 .401 ; now, therefore, it is '- RESOLVED, that the Town Board of the Town of Danby hereby approves participation by the Town in the Cornell Summer Internship Program within the terms and provisions stated in this resolution. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Request for Additional Funds for Computer System for the Code Enforcement Office The Code Enforcement Officer has requested an additional $395 . 00 for the Computer System for her office . RESOLUTION NO. 49 OF 2001 AMENDING RESOLUTION NO. 42 - PURCHASE OF COMPUTER SYSTEM - CODE ENFORCEMENT OFFICE By councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS , the Code Enforcement Officer has reported that the second computer system in the /- office is over five (5) years old and does not have the capacity desired for various needed computing activities related to code enforcement, street addressing, and zoning and planning matters ; and WHEREAS, the Code Enforcement Officer has reported that an application for reimbursement for code enforcement activities is in process and that it is expected that New York State will provide up to $2000 for such activities during fiscal year 2001 ; and that such reimbursement would be an unanticipated revenue that in effect would partly offset the cost of a proposed new computer system purchase, now, therefore, it is RESOLVED, that the Town Board of the Town of Danby hereby amends Resolution No . 42 of 2001 which approved the expenditure of up to $2000 for the purchase of a new computer system by the Code Enforcement Office, with the source of funds to be Account No . A1989 .400 (Special Items - Government Support - Other Government Support Contractual), by changing the maximum amount to be expended to $2 , 395 . 00 . A roll call vote on the resolution resulted as follows : Gagnon Aye Strichartz Aye Nolte Aye Varona-Lacey Aye Inman Abstained Carried Open House for the Town Hall Councilperson Strichartz would like to set a date for an open house for the Town Hall facility. She suggested that a date be set for this summer and in conjunction with a Community Council band concerts . Motion to Hold Open House for the Town Hall, A motion was made by Councilperson Gagnon and seconded by Naomi to set a date for the Open • 1343 6 Town Board Minutes April 9, 2001 House in August to correspond with a band concert and not be conflicting with the Danby Field Day. A roll vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously July Town Board Meeting Date It is necessary to change the dates for the Town Board Agenda meeting and the Town Board Meeting due to the July 4th holiday . Motion to Set July 2001 Meetings of the Board A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte to set the date for the Town Board Agenda Meeting to July 11 and the Town Board Meeting to July 16 . A roll vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously REPORTS : Highway Report - Agreement to spend money will be completed when prices for materials has been received from the County . The Highway Superintendent is concerned with the 12 percent grade section on East Miller Road and would like to have a professional engineer design the rebuild of that section of the road . Code Enforcement Office Report : Susan Beeners reported that they have been to Building Code Class learning about the new codes that will start next year. It is hoped that the State will make those changes in a timely fashion so that builders will be informed. The Town has received an application for a cell tower. The Planning Board is having a third public input session. Recreation Partnership Committee : Supervisor Inman reported that the Recreation Partnership Committee are reviewing the income and expenses for last year to update their costs for this year. Danby Community Council : Councilperson Strichartz reported that a Community Council Member resigned due to illness and that Pamela Arsenault has been appointed to the vacancy. There is a proposal for a Chinese Circus to be in conjunction with the Danby Fair. Senior Citizens Report : The Senior Citizens held their monthly meeting on April 5th and the guest was Liz Norton who presented information of services available in Tompkins County for seniors . Dog Control Report: The February 2001 SPCA Report has been received and filed . Approval of the Supervisor' s February and March 2001 Reports A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that 1344 7 Town Board Minutes April 9, 2001 the Town Board of the Town of Danby approve the Town Supervisor' s February and March 2001 report as submitted . A roll vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Approval of the Town Clerk' s March 2001 Report: A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approve the Town Clerk' s March 2001 report as submitted . A roll 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. 4 of 2001 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approve General Fund Warrant No . 4 of 2001 voucher numbers 128- 162 in the amount of $ 10,322 . 70 . A roll 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. 4 of 2001 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approve the West Danby Water District Fund Warrant No . 4 of 2001 voucher numbers 11 - 14 in the amount of $366 . 35 . A roll vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye ` Varona-Lacey Aye ;{ Inman Aye Carried Unanimously Highway Fund Warrant No. 4 of 2001 A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approve the Highway Fund Warrant No . 4 of 2001 voucher numbers 40- 51 in the amount of $ 14,038 . 39 . ' I I I ' ; ICI I ' • i . i r 4 I tI n 'r Iltl 1 3 4 5 8 Town Board Minutes April 9 , 2001 A roll vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Motion to Adjourn to Executive Session A motion was made at 8 :43 p . m . by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby adjourn to Executive Session to discuss a matter involving litigation and code enforcement issues of a property in the Town. A roll vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Meeting Reconvened The Town Board meeting reconvened at 9 : 20 p .m . and adjourned at 9 : 40 p . m . 6.4-10 / /a-0AL> Carol W . Sczepans i/ / own Clerk min-4-9 . 01