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HomeMy WebLinkAbout2002-05-13 { I r � I ; i t i II I �� " 1465 Town Board Minutes 1 May 13 , 2002 TOWN OF DANBY TOWN BOARD MINUTES MAY 13 , 2002 Regular Meeting PRESENT : Supervisor : Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz Absent: Councilperson Varona-Lacey (excused) 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 Strichartz asked that the Pond Report be added to the agenda. Sue Howe requested that a resolution for the salt shed be added under Highway Reports . No Board member objected . REPORTS ; EMC Report Robert Roe reported on the following : 1 ) The EMC general body (not unanimously) approved the pesticide notification law. 2) The aquifer study group has approached the USGS to do a feasibility study and the cost would be $7 , 500 and 30% of the study will be paid for by USGS . Bob asked the Board to consider sending a resolution in support of the aquifer feasibility study to the County Board. 3 ) Bob distributed to the Board a list of questions that the EMC and would like their response returned. 4) County Telecommunications Project has been subdivided into two projects and one project is the pager system. 5 ) Vital Communities Initiative Report - a sample resolution of support was sent to the Town. Bob reported that planning is important and that he strongly urged the Town Board to view this with circumspection because he feels that planning should remain in the townships . 6) Lakesource Cooling - Some data has been released regarding the project to the general public . Highway Report - April 2002 received . The Highway Superintendent has requested that the Board consider authorization to re- submit the grant proposal for the salt shed . The deadline for submission of the grant is June 14, 2002 . The CSEA has confirmed that the Town can process the disability claim of an employee as is with a disclaimer (which is a one time only) until we have a permanent policy in place with our next contract. Supervisor Dietrich said that the Town of Danby follows New York State Disability rules . RESOLUTION NO. 37 OF 2002 APPROVAL OF GRANT APPLICATION FOR SALT SHED By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby authorizes the re-submission of the salt shed grant application. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried 1466 Town Board Minutes 2 May 13 , 2002 Proposed Clean-up Day Supervisor Dietrich reported that the Town would like to do a clean-up day on a weekend . He said that they could obtain dumpsters that could be placed at the highway department. He would like to talk to the Highway Supervisor about making arrangements and type of materials that can be brought to the site. The Board needs to find out an estimated cost for dumpsters, use of highway equipment and employee time. Details of how a clean-up day could be set up needs to be discussed. Councilperson Gagnon said that he was thinking of a clean-up where residents may take their items to the site . No metal , batteries, refrigerators , air conditioners, household trash or paint . Items that could be brought to the site would be bulky items such is old chairs, mattresses and items that are difficult to dispose of County Representative Report : Representative Frank Proto reported on recent activities of the County Board of Representatives : County Budget Review - There will be public meetings . The last report showed that it is possible to reduce the proposed increase in our County Tax to 10% . Water Quality Strategy Report - A copy of the report has been sent to all municipalities . Comments from municipalities is due back by June 14 , 2002 . A complete copy should be on file in all libraries and reading rooms . County Board of Representatives Vacancies - Vacancies are filled by the districts in which they represent, the Town Board select a replacement to serve until the next General Election . A proposal is to change the process and have a special election to fill the slot. He thinks that the Towns should retain the authority to appoint the individual to fill out the unexpired term that is vacant. Frank Proto said that a letter to the Board suggesting that the system for filling vacancies be retained would be appreciated. County Grant for TC3 - The County has received a grant for $ 367 , 000 for T-CaT . They will be expanding the bus service for transportation for noontime hours, evening hours and Saturdays . New schedules will soon be available . It would be nice if in the rest areas space could be made available for park and ride users . Supervisor Dietrich said that more people would ride if there were bike carriers on the busses . Zoning Report The Code Enforcement Officer reported that they have been to a three (3 ) day session on the new building codes which will take effect July 3 , 2002 . . They will be able to use either building code until January 1 , 2003 . Planning Board Report The Planning Board meeting on May 15 , 2002 agenda includes progress reports by Roger Casterline regarding Short Road, Danby Community Park Association on their project, and a request for special permit for the single wide mobile home on Hornbrook Road . Recreation Partnership Report Councilperson Strichartz reported that at the last Recreation Partnership Committee Meeting there was discussion on how the 20% cut in funding would be divided. Members of the Tompkins County Board of Representatives who attended the meeting said it is possible that there will be a 20% cut in funding next year. She asked the Board to approve the new bylaws . COMMUNICATIONS : 1 ) The Town Clerk transmitted to the Board a proposed local law entitled, "A Local Law to Amend Local Law No . 4 of 2000 to Establish a Procedure for Recovery of Costs for the Repair or Removal of Unsafe Buildings and Collapsed Structures" . The Board asked the Code Enforcement Officer to contact the Town Attorney and ask for an opinion regarding Ad Valorem Levy and the process for recovering funds . 2) Resignation of Linda Dorn from the Water Resources Council . 3 ) NYS 2002 Schedule of Satellite Teleconferences for Town Officials . l r, 'I j! ii i i k i i467 Town Board Minutes 3 May 13 , 2002 OLD BUSINESS Motion to Approve the Recreation Partnership Bylaws A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approve the Recreation Partnership Bylaws . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) NEW BUSINESS : Danby Pond Request for Funds Councilperson Strichartz reported that the Pond Coordinator has requested an additional $ 1 , 000 . 00 to provide funds for a recreation director. A recreation director will be hired to provide nature programs for pre-teens, teens . There will also be programs that include parents . RESOLUTION NO. 38 OF 2002 TRANSFER OF FUNDS TO POND PROGRAM By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby authorizes the transfer of $ 1 ,000 . 00 from Account No . A1989 .400 to Account No . A7150 . 100 to provide funds to pay a recreation director at Danby Pond. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried Councilperson Nolte left the meeting at 9 : 00 p . m . Report on Danby State Forest Councilperson Gagnon reported that the Board requested Rhonda Roaring to draft a letter regarding a snowmobile trail and logging a logging operation in Danby State Forest. The letter was to be sent to the Department of Conservation requesting a meeting for the Town Board, Planning Board and interested persons the week of May 20 , 2002 to obtain information related to SEQR, local impacts and how these projects relate to the State plans . Trees and Road Maintenance by Highway Department Councilperson Gagnon reported that a meeting was held at the Town of Ithaca for Highway Superintendents and Town Officials regarding Maintenance of roads and the cutting of trees along the roadways . The speaker was Darryl Harp and a copy of the tape will be available at the Office of the Town Clerk and the broadcast can be viewed on May 15 , 16 , and 17, 2002 on the local cable channel 15 . Councilperson Gagnon and Councilperson Strichartz reported that a summary of the meeting with Darryl Harp and the Highway Superintendents will be published in the Danby Area News. The article will be sent to the Board and the Highway Superintendent before publication for review and comment. There will be a follow up meeting to talk about what the Town may want to do about local ordinances regulating planting and removal of trees along the roads . Councilperson Strichartz said that the meeting focused on the responsibilities and liabilities regarding the highway departments . 1468 Town Board Minutes 4 May 13 , 2002 RESOLUTION NO 39. OF 2002 PROPOSED AMENDMENT OF UNSAFE BUILDINGS LOCAL LAW - LOCAL LAW NO. 4 OF 2000 By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, the Town Board of the Town of Danby is considering amendment by local law of Local Law No . 4 of 2000 to establish a procedure for recovery of costs for the repair of removal of unsafe buildings and collapsed structures ; now, therefore, it is RESOLVED, that the Town Board of the Town of Danby hereby determines that the Town Board is Lead Agency in environmental review of this action; and that the action is an Unlisted action; and it is FURTHER RESOLVED, that the Town Board determines that Tompkins County Department of Planning is an interested agency for purposes of General Municipal Law 239-1 and -m review. A roll call vote on the resolution resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) Proposed Local Law No. 1 of 2002 Public Hearing Date Set: A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby sets the date of June 10, 2002 at 7 : 00 p .m. for the proposed local law entitled : "A Local Law to Amend Local Law No . 4 of 2000 to Establish a Procedure for Recovery of Costs for the Repair or Removal of Unsafe Buildings and Collapsed Structures" . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) RESOLUTION NO. 40 OF 2002 AUTHORIZATION TO PARTICIPATE IN THE TOMPKINS COUNTY COMMUNICATIONS PROJECT- for Town Court By Councilperson Gagnon : Seconded by Supervisor Dietrich WHEREAS, the County of Tompkins and the Town of Danby entered into an agreement that the police will share a New York State-developed program known as Spectrum Justice System (SJS ) and the courts will share the Court Information Networking System (CNS ) and WHEREAS, The COUNTY shall act as the lead agency to manage each phase of the Data Communication project, and WHEREAS, The COUNTY accepts responsibility as lead agency to enter into certain contracts to effectively complete this project and present a feasibility report be it RESOLVED that the Town of Danby hereby authorized the local Court and Police Agency to participate in the Tompkins County Communications Project and be it further RESOLVED , that a copy of this resolution shall be sent to the Tompkins County Administration office . A roll call vote on the resolution resulted as follows : 1469 Town Board Minutes 5 May 13 , 2002 Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) RESOLUTION NO. 41 OF 2002 SUPPORT FOR ADOPTION OF VITAL COMMUNITIES DEVELOPMENT AND PRESERVATION PRINCIPLES AS INTERIM COUNTY POLICY By : Supervisor Dietrich : Seconded by Councilperson Gagnon WHEREAS, the Vital Communities Initiative was undertaken to create a county wide vision of the future growth and development in Tompkins County, and WHEREAS, the County has, through its Department of Planning engaged in an extensive outreach effort to solicit public input as the basis for drafting and refining the Development and Preservation Principles , and WHEREAS, the Board of Representatives proposes to adopt these principles as an interim measure to : * continue a community dialogue on the future growth of the County, * evaluate the land use impacts of County programs and decisions, and * guide the preparation of a County Comprehensive Plan, and WHEREAS, the County recognizes that in New York State land use regulation authority is delegated to towns, villages , and cities , but the counties have a role in studying and fostering intermunicipal coordination on issues that have county wide impact, and need to consider land use implications in their decision-making, and WHEREAS, these Principles are intended to be used as a framework for continued dialogue with local municipalities regarding intermunicipal communication and cooperation on planning and development issues throughout the County, now therefore be it RESOLVED, that the Town Board of the Town of Danby supports the adoption of the proposed Vital Communities Development and Preservation Principles by the county Board of Representatives as County policy, and it is further RESOLVED, that the Town looks forward to working constructively with the County on a mutual shared vision for the future of the County and its communities, * that the Town supports the development by the County Planning Department of an "implementation toolbox" , of model regulations and guidelines available to municipalities to help implement their Development and Preservation Principles ; * that the Town would encourage assistance from the County in pilot projects implementing the Principles in the Danby and West Danby Hamlets . A roll call vote on the resolution resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) RESOLUTION NO . 42 OF 2002 AMENDMENT TO RESOLUTION NO . 35 OF 2002 By Supervisor Gagnon : Seconded by Councilperson Strichartz WHEREAS, the Town Board of the Town of Danby by Resolution No . 35 of 2002 transferred funds in the amount of $3 , 507 . 00 from Revenue Account DA2680 to Highway Fund Account DA5130 .400 to cover an estimated expense for repairs to truck #43 , and 1470 Town Board Minutes 6 May 13 , 2002 WHEREAS , the actual amount of reimbursement for the repairs was $2 ,497 . 93 , now be it RESOLVED, that Resolution No . 35 of 2002 be amended to transfer funds in the amount of $2 ,497 . 93 from DA2680 to Highway Fund Account DA5130 . 400 to cover the actual amount of reimbursement for repairs to truck #43 . A roll call vote on the resolution resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) Authorization for Town Clerk to Appoint Two (2) Residents to Assessment Board of Review A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes the Town Clerk to Appoint two (2) residents to serve on the Assessment Board of Review on Wednesday, May 15 , 2002 from 3 : 00 - 6 : 00 p .m . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) Authorization for Town Clerk to Obtain Community Service for Town Hall Properties Maintenance A motion was made by Councilperson Strichartz and Seconded by Councilperson Gagnon that the Town Board of the Town of Danby authorize the Town Clerk to obtain services from Tompkins County Community Service Programs to do light maintenance and, small repairs and painting at the Town Hall Properties . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) RESOLUTION NO. 43 OF 2002 AUTHORIZING RETENTION OF PLANNING ASSISTANT THROUGH CORNELL TRADITION PROGRAM FOR ASSISTANCE ON COMPREHENSIVE PLAN By Supervisor Dietrich: Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign a letter of agreement with Meghan L. Morris approving her employment as Planning Assistant under the Cornell Tradition Program for assistance to the Planning Board and Town Board in the completion and review of the draft Comprehensive Plan, for 13 weeks at 35 hours per week; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby allocates $970 in the Comprehensive Plan Account A8020 .401 as the Town' s share of payment to Ms . Morris and subject to approval by the Town Board at the June, July, and August, 2002 regular Town Board meetings based on vouchers indicating work progress satisfactory to the Town of Danby Planning Board Chairperson. A roll call vote on the resolution resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye (Councilpersons Varona-Lacey ad Nolte absent) Carried 1. 47 . Town Board Minutes 7 May 13 , 2002 RESOLUTION NO. 44 OF 2002 AUTHORIZATION FOR TOWN SUPERVISOR TO EXECUTE CONTRACTS RELATED TO TOWN HALL IMPROVEMENTS UNDER TOMPKINS COUNTY COMMERCIAL CENTER REVITALIZATION PROGRAM GRANT PROJECT By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS , the Town of Danby has been awarded a grant in the amount of $ 7 , 500 . 00 from the Tompkins County Commercial Center Revitalization Program for Town Hall painting and tower repairs, portico floor replacement, sidewalks, parking area and driveway improvements, and lighting, with a total estimated project cost of $23 , 136 . 00 at the time of June 1 , 2001 grant application ; and WHEREAS, the Town Board of the Town of Danby by Resolution No . 70 of 2001 on August 13 , 2001 authorized the Town Supervisor to execute contracts with independent contractors for the related work, with the Town ' s share of the project cost to be from HR1 , the Town Building Reserve Fund; and with the total Town share not to exceed $ 15 , 636 . 00 ; and WHEREAS , the project work was not accomplished in 2001 ; and WHEREAS, updated cost estimates have been received for completing the work in 2002 ; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to execute contracts for the project work and in the estimated amounts shown in "General Description of Work - 5/6/02 " which is attached to and made part of this Resolution; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to approve change orders if unforeseen conditions arise, with the total project cost not to exceed $ 30, 000 . 00, and with the sources of funding to be with the source of said funding to be Building Reserve Account A230 and Other Government Support Account A1989 .400 ; and with $7, 500. 00 expected as reimbursement following project completion from Tompkins County under Contract "PLAN 2001 - 12 -8027 " ; and it is FURTHER RESOLVED, that the $ 7 , 500 . 00 expected reimbursement from Tompkins County, when received, shall initially be applied to refund Account A1989 . 400 for expenses paid from that account for this project. A roll call vote on the resolution resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye (Councilpersons Varona-Lacey ad Nolte absent) Carried Councilperson Gagnon asked where the top soil was to be placed . Susan Beeners said the top soil would be put between the walk and the curb . The curb is approximately 8 - 10 inches under the roof over-hang. There will be gravel next to the building . APPROVAL OF TOWN CLERK' S APRIL 2002 REPORT A motion was made by Councilperson Strichartz and Councilperson Gagnon that the Town Board of the Town of Danby approves the Town Clerk ' s April , 2002 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) --- 1472 Town Board Minutes 8 May 13 , 2002 APPROVAL OF WARRANTS General Fund Warrant No. 4 of 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the General Fund Warrant No . 4 of 2002 voucher numbers 193 -249 in the amount of $ 9,061 . 18 . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) Highway Fund Warrant No. 4 of 2002 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz in the that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 4 of 2002 voucher numbers 62- 85 in the amount of $ 30 , 193 . 31 . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) West Danby Water District Fund Warrant No . 4 of 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 4 of 2002 voucher numbers 18 -23 in the amount of $ 1 , 188 . 05 . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) Approval of Staples Billing from Account No. CD9668.400 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the payment to Staples Credit Plan for Historic Ag Buildings Maps from Account No . CD9668 .400 in the amount of $ 15 . 26 . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Dietrich Aye Carried (Councilpersons Varona-Lacey and Nolte absent) ADJOURNMENT : On a motion the meeting adjourned at 10 : 15 p .m. (Z/a/ ,46 d , ! Ate. / ._ Carol W . Sczep . 7, Town Clerk min- 5 - 13 . 02