HomeMy WebLinkAbout2002-04-08 45
1 Town Board Meeting
April 8 , 2002
TOWN OF DANBY
TOWN BOARD MINUTES
APRIL 8, 2002
Regular Meeting
PRESENT :
Supervisor Dietrich
Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Frank Proto - County Representative
Members of the Public :
Roy Casterline, Ames Brown
Supervisor Dietrich 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 :
Councilperson Gagnon asked the Board to consider discussion of a resolution of support for the
adoption by the County Board of the Vital Communities Initiative Principles . - Supervisor Dietrich
said it was to go to the May Agenda.
Councilperson Strichartz said that she would like to change Pond Insurance discussion as it is
discussion on the Budget for the Pond Program .
No Board member objected .
PRIVILEGE OF THE FLOOR
The Town Clerk announced that her office would be closed on Tuesday April 23 and Wednesday
April 24,2002 so that she could attend the New York State Town Clerk' s Annual Conference . She
is looking into some reconstruction in her office to make room for the mandatory installation of
additional equipment and phone lines for DECALS system for issuing sporting license . The
installation for DECALS is a separate issue from the need for Internet access for the town offices .
Ames Brown - reported that the notice of meeting was not on the message board at the fire
department. He is disappointed with the lighting in the meeting room and made suggestions of how
we might improve the lighting.
The Town Clerk reported that the message board did not belong to the Town but to the Community
Council . Notice of meetings is sent to the person who is in charge of the signboard monthly . Why
some meetings are not listed she did not know.
REPORTS :
EMC Report - Robert Roe reported on the activities of the EMC at the April 1 , 2002 Agenda
Meeting .
Highway Report - A written report was submitted by the Highway Superintendent for March, 2002 .
The Highway Department will be using the service of Patch Management again this year.
Zoning - The Code Enforcement Officer submitted the March, 2002 report of activity in her
department. The Code Enforcement officer reported that construction activity is up this month, and
they are keeping some level of enforcement activities . She hopes to get the Town Hall painting and
site work contract ready for the May meeting . She is working with a Planning Board member to get
a summer intern to help with the comprehensive plan .
Planning Board Report - There was not a quorum of the Board present at the March meeting. The
Planning Board will have a public hearing for site plan review and request for Special Permit for the
Danby Federated Church addition application on Wednesday, April 17 , 2002 at 7 : 00 p . m and to the
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April 8 , 2002
Board of Zoning Appeals for public hearing on Monday, April 29 , 2002 . The BZA will also hold a
public hearing on a request by James and Debra Davis for variance of setback requirements and a lot
size on a property on the Davis Property located on Bald Hill Road next to Wilbur Lumber Yard .
The Danby Federated Church and the Davis Requests for Variance will go to the Board of Zoning
Appeals on April 29 , 2002 at 7 : 00 p .m.
Water Resources Council - Representative Linda Dorn has resigned from the Council due to family
matters .
Danby Community Council - The Agreement between Community Council and the Town of Danby
has been submitted for signature and copies of the Agreement will be sent to the Board to review. .
The Agreement can be amended at any time . Supervisor Dietrich said that Community Council will
have a program committee .
Danby Senior Citizens - Carol Sczepanski reported that the Danby Senior Citizens held their Annual
Easter Luncheon Meeting on Thursday, April 4, 2002 and there were 47 members present. John
Smith from the West Danby Fire Department gave a presentation on what to do in case of emergency,
what is an emergency and how the fire departments and emergency personnel respond . He also
played bag pipes after the presentation.
Dog Control - March Report from S . P . C . A . Received
Fire District - Supervisor Dietrich reported that they have no capacity to share or deal with
information from the Town.
COMMUNICATIONS :
1 ) Copy of Letter to the Town Attorney from Rhonda Roaring and the Attorney ' s response .
Rhonda' s letters to the Attorney were regarding NYS Forest Lands and the logging and snowmobile
trails . Rhonda' s information has been forwarded to Robert Roe who has been consulting with the
DEC regarding the NYS State Forest Recreation Plan .
2) Addition to Highway Report
OLD BUSINESS :
RESOLUTION NO . 32 of 2002
APPROVAL OF CONSULTING SERVICES RELATED TO REVIEW OF LOCAL LAW
NO. 3 OF 1999 AND RELATED RESEARCH
By Councilperson Gagnon : Seconded by Councilperson Strichartz
RESOLVED , that the Town Board of the Town of Danby authorizes Independent Broadcast
Consultants, William J . Sitzman, President, to provide consultation related to the following work
scope , with the rates for such consultation to be as follows : $ 55.00V/hr. for William J . Sitzman;
$40 . 00/hr. for his firm' s staff engineers ; travel to be charged at $ 12 . 50/hr. And $ 0 . 50 per mile ; and
disbursements such as telephone and copying to be charged at a cost not to exceed seven (7) hours
without further Town Board approval .
1 : Conduct preliminary review of Town of Danby Local Law No . 3 of 1999 and make any
observations and recommendations that would strengthen or clarify that local law.
2 . Recommend means to regulate radio and television broadcasting facilities in said local law.
3 . Provide a proposal and cost estimate for furthering the above work.
Discussion :
Councilperson Gagnon reported that radio and television towers are not mentioned in the Danby
Zoning Ordinance .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
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April 8 , 2002
RESOLUTION NO. 33 OF 2002
RESOLUTION AGAINST THE PROPOSED INCREASE IN THE LOCAL GOVERNMENT
RECORDS MANAGEMENT IMPROVEMENT FUND
By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey
WHEREAS, The Governor has proposed to remove certain offices overseeing Cultural Education
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from the New York State Education Department, incorporating these in an entirely new Institute for
Cultural Education; and
WHEREAS, in order to fund this Institute ; including the State Archives, State Library , State
Museum and State Office for Public Broadcasting, New York State will need to raise millions of
dollars in capital investment and plans to do this by quadrupling the present five dollars collected by
all County clerks and the Register of the City of New York on all recorded, indexed and entered
documents to twenty dollars, effective July 1 , 2002 ; and
WHEREAS, the Local Government Records Management Improvement Fund was created in 1989
to support grants and technical assistance to local governments to improve and enhance the
management of their records and information, and
WHEREAS,said fee increase would provide no improvement in service for the taxpayers paying the
fee, nor any additional benefits to the local governments that must collect said fee increase ; and
WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the
proposed Institute, in contrast to the highly effective and beneficial relationship that local
governments now enjoy with the New York State Education Department ; now be it hereby
RESOLVED , by the Town Board of the Town of Danby that this body stands firmly opposed to this
proposal ; and be it further
RESOLVED , that a copy of this resolution be delivered to the Governor, the New York State
Legislature and all others deemed necessary and proper, and we urge them to likewise oppose this
proposal .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
V arona-Lacey Aye
Dietrich Aye Carried Unanimously
Financing Options for Funding of New Highway Truck
Councilperson Gagnon reported that he has reviewed the lease purchasing arrangement materials for
funding of the new highway truck. The terms and rates of interest of the proposed agreement were
described to the Board .
Motion to Authorize Town Supervisor to Enter Into a Lease Agreement for the Purchase of
the New Highway Truck
A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town
Board of the Town of Danby authorizes the Town Supervisor to secure the financing and enter into
a lease agreement with MSG in the amount of (sixty thousand dollars) $ 60 , 000 . 00 for the purchase
of the new highway truck.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
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April 8 , 2002
Tompkins County Representative Report:
County Representative Frank Proto reported on Vital Community Principals Committee, Danby
School Program, Water Resources Council, Purchase Development Rights, T-CAT Park & Ride ,
Frank Proto reported that he received a letter of resignation from Linda Dorn. She has resigned from
the Water Resources Council . The County is looking for someone to fill the vacancy.
Old Business - Continued
Supervisor Dietrich reported that he needed an Assistant to the Bookkeeper for backup to do payrolls
when the bookkeeper is unavailable .
Highway - Road Maintenance and Tree Removal Along Roadways
Councilperson Gagnon reported that due to a lot of interest in Highway Maintenance and Laws
regarding ditching and the cutting of trees along roadways, a meeting has been set up for Town
Officials and Highway Superintendents at the Town of Ithaca Town Hall on Wednesday, April 24 ,
2002 at 7 : 00 p.m. Darrell Harp will speak on Highway Laws regarding Roads, Trees, and Rights-of-
way. Councilperson Gagnon drafted a letter that was sent to Tompkins County Municipalities asking
for their concerns to be addressed by Mr Harp . A draft of the questions that he received from
municipalities and Board members was reviewed by the Board . The questions and concerns will be
sent to Mr. Harp prior to the meeting on April 24 , 2002 . The fee for Darrell Harp and will be shared
by the participating townships .
RESOLUTION NO 34 OF 2002
AUTHORIZATION TO RETAIN PLANNING ASSISTANT FOR ASSISTANCE ON
COMPREHENSIVE PLAN St-
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By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey D\ 46-
RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to arise
for and retain a Planning Assistant for assistance during the Spring and Summer of 2002 to the
Planning Board and Town Board in review of the Comprehensive Plan, and prefers that said assistant
be retained through the Cornell Tradition Summer Program, at no cost to the Town; and it is
FURTHER RESOLVED, that if a qualified individual is not obtainable through the Cornell
Tradition Summer Program, that the Town board approves the expenditure of up to $ 970 from
Comprehensive Plan Account A8020 .401 to retain a qualified individual through Cornell Work- Study
Summer Program.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Motion - Authorization for Town Supervisor to Sign Community Council Agreement
A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town
Board of the Town of Danby authorizes the Town Supervisor to sign the Community Council
Agreement for the year 2002 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
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April 8 , 2002
TOWN OF DANBY RESOLUTION NO . 35 OF 2002
TRANSFER OF FUNDS - HIGHWAY
By Councilperson Gagnon : Seconded by Councilperson Nolte
RESOLVED, that the Town Board of the Town of Danby authorizes the transfer of funds in the
amount of $2 , 720 . 00 from Revenue Account DA2680 to Highway Fund Account DA5110 . 100 to
cover the reinstatement of sick and vacation hours to David Noteboom' s workers compensation case ,
and be it
FURTHER RESOLVED, that $ 3 , 507 . 00 be transferred from Revenue Account DA2680 to
Highway Fund Account DA5130 . 400 to cover an estimated expense for repairs to truck #43 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Pond Program :
Councilperson Strichartz reported that the Pond Coordinator would like to increase her budget to
purchase supplies for the swimming area and for lifeguard salaries . There is a group of parents who
have retained a person to provide programs for youth groups at the Pond . The group would like to
have the Town consider this program as a Pond Program and has asked the Town to consider an
additional $ 1 ,000 . 00 and make the program a pond program.
Supervisor Dietrich said that he would need to check with our insurance provider to find out if there
would be an additional cost to the Town if they hired a person for youth programs as a Town
program. It is unknown if the person who now provides programs at the pond has their own liability
insurance .
Motion to Increase in Pond Contractual
A motion was made by Supervisor Dietrich and seconded by Councilperson Varona-Lacey to transfer
$ 500 . 00 from Account A1989 . 400 (Other Government Support Contractual) to A7150 . 400 to
purchase additional supplies for the pond program.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Proposed Resolution - Support for Adoption of Vital Communities Development and
Preservation Principles as Interim County Policy .
A proposed resolution for the Support for Adoption of Vital Communities Development and
Preservation Principles as Interim County Policy was sent to the Town to consider.
The Board discussed the proposed resolution and deferred action on the proposed resolution to the
May Board Meeting .
APPROVAL OF TOWN SUPERVISOR' S REPORT - MARCH 2002
A motion was made by Councilperson Strichartz and seconded by Councilperson Verona-Lacey that
the Town Board of the Town of Danby approve the Town Supervisor' s Report for March 2002 .
A roll call vote on the resolution resulted as follows :
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April 8 , 2002
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Carried Unanimously
APPROVAL OF TOWN CLERK' S REPORT - MARCH 2002
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approve the Town Clerk March 2002 report a submitted .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
APPROVAL OF WARRANTS
General Fund Warrant No . 4 of 2002
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 . 4 of 2002 voucher
numbers 153 - 190 in the amount of $6 ,423 . 73 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Highway Department Fund Warrant No. 4 of 2002
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the
Town Board of the Town of Danby approve the Highway Department Fund Warrant No . 4 of 2002
voucher numbers 47 -60 in the amount of $ 10 , 187 . 62 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
West Danby Water District Fund Warrant No. 4 of 2002
A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the
Town Board of the Town of Danby approve the West Danby Water District Fund Warrant No . 4 of
2002 voucher numbers 13 - 17 in the amount of $ 606 .40 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
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April 8 , 2002
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 00
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Carol W . Sczepaf Town Clerk
min-4- 8 . 02