Loading...
HomeMy WebLinkAbout2002-06-10 i I 1 71 1 Public Hearing Minutes Proposed Local Law June 10, 2002 TOWN OF DANBY TOWN BOARD PUBLIC HEARING JUNE 10, 2002 PROPOSED LOCAL LAW Amendment to Local Law No. 4 of 2000 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Naomi Strichartz, Norbert Nolte, Gladys Varona-Lacey Others Present: Richard Stumbar - Town Attorney Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Susan Howe - Highway Department Secretary Members of the Public : Ames Brown, Bob Roe, Eileen Wright, Willard T . Daetsch, Toshov Storrs, Esther Dotson, Josh Benjamin and others . Public Hearing Declared Open : Supervisor Dietrich declared the public hearing open at 7 : 03 p .m. and the clerk read the following "Notice of Publication" : " PLEASE TAKE NOTICE, that the following public hearing will be held by the Town Board of the Town of Danby on Monday, June 10 , 2002 at 1830 Danby Road, Ithaca, New York at 7 : 00 p . m. to consider 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 " by adding a new Section 10A : Procedure for recovery of costs . A copy of the proposed local law may be viewed at the Town Clerk ' s Office during regular hours . All persons will be heard either in person or in writing . A regular meeting of the Board will follow the public hearing . By Order of the Town Board Carol W. Sczepanski, Town Clerk Dated : May 24 , 2002 Published : May 28 , 2002 " Communications Received : Affidavit of Publication Affidavit of Posting Tompkins County Planning Review Supervisor addressed the public and explained that this proposed local law is for the procedure for recovery of costs related to the removal of unsafe buildings and collapsed structures . Comments and Questions from the Public and Board : Robert Roe - asked if this process was put out to bid and when these costs are incurred, what is the process by which you incur them . Supervisor Dietrich said it is a process of recouping monies that have already been spent for the demolition and removal of unsafe buildings . The costs for demolition of unsafe buildings would go out to bid . Attorney Stumbar - reported that the point of hearing in the amendment to Local Law No . 4 of 2 Public Hearing Minutes Proposed Local Law June 10, 2002 2000 is a way to protect Board from having to deal with submissions they were not ready to deal with. When you get to this process you are going to be talking about the legitimacy of the expense . In the normal hearing you are asking for public input based on the legitimacy of specific expenses that were incurred by the Town (or on behalf of the Town) to remedy this problem. A public hearing is a due process requirement. There is some confusion on the ad valorem and how Local Law No . 4 of 2000 was set up initially . It probably should be addressed in Section 10 . He explained that the amendment is set up so that the expense to be recovered is by assessment not a special ad valorem levy . An assessment is generally an improvement to the property and gets charged to the property . He would like to get an opinion from the Tompkins County Assessment Director on the ad valorem levy as apposed to a special assessment. The tax if it remains unpaid will eventually become a lean. This is a process because of the concern that the Town should set up a process whereby the person who is going to be levied has an opportunity to be heard and to object to the amount that is going to be levied on his property . The hearing today is for amending the local law by adding an extra provision which says how we calculate the amount that is due the Town. If you ' re not going to change the procedure for placing the assessment as a levy on the tax bill and collecting it through taxes it will remain the same . It also sets up a mechanism for setting up a hearing for determining under what procedure the Town may use for recovering costs . The Attorney will consult with Tompkins County Assessment Director before there is any change in the language about the ad velorem tax levy . Public Hearing Declared Closed : Supervisor Dietrich declared the public hearing closed at 7 : 50 p .m . (Ls-gal) 404#IS AY phm-111 . 02 Carol W . Sczepau4 , Town Clerk i ; i ! : I , , I { i P, ICI I` I 1 : I ' .. ` I ' , , { ��, � ' f it I ') 3 I {{ I' . 473 1 Town Board Minutes June 10, 2002 TOWN OF DANBY TOWN BOARD MEETING JUNE 10, 2002 Regular Meeting PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Naomi Strichartz, Norbert Nolte, Gladys Varona-Lacey Others Present : Richard Stumbar - Town Attorney Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Susan Howe - Highway Department Secretary Members of the Public : Ames Brown, Bob Roe, Eileen Wright, Willard T . Daetsch, Toshov Storrs , Esther Dotson, Josh Benjamin and others . Supervisor Dietrich called the meeting to order and led all present to the Pledge of Allegiance to the American flag . Privilege of the Floor: Town Clerk Carol Sczepanski reported that she has received a request from Jessica Miller to use the Town Hall for youth programs and activities . The dates requested are on July 16 , 17 , 24 , 26, and 31 , 2002 from 10 : 00 a.m . to 4 : 00 p . m . Members of the Public : Toshov Storrs reported that Community Council will have picnic and softball games on Sunday at the Danby School . He also asked the Board to consider approval of the Danby Community Parks Association application request for endorsing their grant for funds from NYS . Ames Brown - was informed that the tree cutting was on hold . Councilperson Gagnon reported that there would be an article in the Danby Area News . Josh Benjamin - Reported that the Traver Road hiking trail has two large boulders blocking the trail and the filling of the shell path. REPORTS : County Representative Report : County Representative Frank Proto was unable to attend the . meeting tonight and passed the following information to the Town Clerk to report. 1 ) T-Cat extended it' s bus transportation routes in Danby that includes weekends . Mr. Proto would like feedback from the public and the Board about the new service . 2) Tompkins County Citizen' s Budget review will be at the Women ' s Community Building on Saturday, June 15 , 2002 at 9 : 00 a.m . This budget meeting is for public input . Supervisor Dietrich reported that our reading room is under used even though we have many of the best sellers listed on the New York Times best sellers list. Bookkeepers Financial Report : Our bookkeeper Ted Jones submitted the Supervisor' s Financial Report to the Board and reported that our Town funds are now invested in Super Savers Accounts with a 2 . 07% Yield on investments in place of Certificates of Deposit. Funds can be withdrawn without penalty . 1474 2 Town Board Minutes June 10, 2002 EMC Report : Robert Roe reported that the Energy Committee of the EMC is planning to conduct an evaluation of the solar panels on the Tompkins County Library and they are going to look at the impact of the new acid disposition reduction regulations of New York State . The final EIS has been approved for a veterinary waste management facility. The EMC has sent a letter to the DEC in support of the 303 Detoxification for the southern part of Cayuga Lake . Bob asked the Board if there were concerns that they would like him to take back to the EMC . Supervisor Dietrich said that most municipalities are in favor of an aquifer study as an essential planning tool for the development of their towns . Bob Roe said that the EMC has sent a resolution to the Tompkins County Board of Representatives of the preliminary aquifer study and the funding for the study. Highway Department Report Supervisor Dietrich reported that the monthly Highway Department Report for May 2002 was received . The new highway dump truck is going to be delivered this week. Zoning and Code Enforcement Report Susan Beeners reported that she has submitted her monthly report for May 2002 tonight . Permit fees are more than last year at this time . There may be as many as thirty (30) permits for new homes this year. The planting of the grass on the bank at Benjamin ' s One Stop and minor cleanup of debris should be done soon. Planning Board Report: Bob Roe reported that several members of the Planning Board attended a workshop offered by Tompkins County on zoning and land use interpretations . There was a preliminary proposal for the Planning Board to review for a "Nine Hole Golf Course" on Comfort Road . Recreation Partnership Report: Supervisor Dietrich reported that the Recreation Partnership Committee is working on Goals and Objectives of their Agreement and their Mission Statement . Community Council Report : There was no report - Community Council does not meet until later this week. Other Youth Programs Supervisor Dietrich reported that the Pond Programs with Arnie VanLuken are moving along. Programs with Jessica Miller have started and many of the participants attend both programs . The details of Pond Program and hiring of lifeguards is in process . Senior Citizen ' s : Carol Sczepanski reported that the Senior Citizens met on June 6, 2002 for their monthly dish to pass dinner. The entertainment was our local "Crane Hill Trio" who is one of their favorite groups . Next month they will meet on July 11 at 5 : 00 p . m . to tour the gardens at Wayne Meyers . Dog Control : Town Clerk Carol Sczepanski reported that she has not received a report for May from the SPCA . NEW BUSINESS Danby Community Park Association Committee : The Danby Community ParkAssociation Committee has asked for Town Board endorcement to enable them to submit a grant application to the NYS Parks , Recreation and Historic Preservation under the Environmental Protection Fund and/or Clean Water/Clean Air Bond Act . The following resolution was introduced and approved . . . . 1 j II � i i l `I' i I I �.. I ,i i _ I .fi r ; I ! 1� 1 "' ■ I ` i I •. I , � II {i I .i . �� I. . 1 h M. ff.. EJ Jl bf it X475 3 Town Board Minutes June 10, 2002 RESOLUTION NO . 45 OF 2002 ENDORSEMENT OF GRANT APPLICATION OF DANBY COMMUNITY PARK ASSOCIATION, INC. TO NEW YORK STATE PARKS, RECREATION AND HISTORIC PRESERVATION UNDER THE ENVIRONMENTAL PROTECTION FUND AND/OR CLEAN WATER/CLEAN AIR BOND ACT By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, the Danby Community Park Association, Inc . Is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund and/or Clean Water/Clean Air Bond Act for a park project to be located at 1875 Danby Road Ithaca, Hew York, a site located within the territorial jurisdiction of this Board and WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation, must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located" ; NOW, THEREFORE , be it resolved that the Town Board of the Town of Danby hereby does approve and endorse the application of the Danby Community Park Association, Inc . for a grant under the Environmental Protection Fund for a park project known as Danby Community Park and located within this community . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 46 OF 2002 RECOMMENDATION TO DANBY PLANNING BOARD REGARDING DANBY COMMUNITY PARK By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby hereby expresses grave concern about the safety and adequacy of access to the lands behind the Danby Federated Church being proposed for a Danby Community Park. We support creation of a park in the center of the hamlet of Danby , but we recommend to the Planning Board that a special permit not be granted until and unless better and safer access can be secured . Discussion : Councilperson Gagnon reported that he and Councilperson Strichartz have talked about the access to the Danby Community Park and drafted a resolution for the Town Board to consider as we all share concern about the access . Code Enforcement Officer Susan Beeners asked what are the criteria for determining what is better and safer and what if it was determined by the DOT that drive was okay for an entrance as long as it was not used as an exit? Councilperson Gagnon said that it is the Planning Board ' s job . Councilperson Varona-Lacey said that it is an entrance other than the right of way that they have now. Esther Dotson reported to the Board that it is her understanding that the Danby Community Park Association cannot even start grading for the playing fields until we get a special permit from the Planning Board . The Danby Community Park Association Committee is in negotiation with the church for a two-way road north of the church and have not received an answer yet. They also have a fall back solution. They are anxious to get a grant but in the meantime we cannot even start grading until they get approval from the Planning Board . 1476 4 Town Board Minutes June 10 , 2002 A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Town Hall Sidewalks Councilperson Gagnon reported on the progress of the site work on the Town Hall Project . There was a change order for the project initiated by Councilperson Gagnon presented to the Board . He explained that he would like to add a little stone near the handicapped spaces so the slope is more gradual . The cost for additional stone is $ 1200 . 00 . RESOLUTION NO . 47 OF 2002 By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby authorizes a change order approving the expenditure of $ 1200 . 00 for the installation of additional limestone near the handicapped spaces in the Town Hall Project. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Susan Beeners said that the total cost approved for the project was $30 , 000 . 00 and with this change order we have only $ 3 ,092 . 00 remaining for other possible change orders . She said she is getting an estimate for work near the man hole cover. It was also necessary to exterminate for ants when the posts were removed and there will be a cost estimate for a bracket for for the placement of lighting on a pole . Discussion on West Danby Cemetery Councilperson Gagnon reported that the former Methodist Cemetery next to the Church in West Danby is currently being maintained by the Town . We need a group of individuals to help maintain and improve the cemetery as all the Town does now is mow the grass . Councilperson Gagnon would like approval from the Board to consult with our Town Attorney on the legal issues for volunteers to work in the Town cemetery . Approval of the Supervisor' s May 2002 Monthly Report A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Supervisor' s May 2002 Monthly Report as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Approval of the Town Clerk' s May 2002 Monthly Report A motion was made by Councilperson Strichartz athe Town Clerks May 2002 monthly report as the Town Board of the Town of Danby submitted . J. 4 77 5 Town Board Minutes June 10 , 2002 A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously APPROVAL OF WARRANTS : Approval of General Fund Warrant No. 6 of 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the General Fund Warrant No . 6 of 2002 , voucher numbers 250-290 in the amount of $ 11 , 756 . 56 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of Highway Fund Warrant No. 6 of 2002 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 6 of 2002 , voucher numbers 86 - 102 in the amount of $ 33 , 149 . 94 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of the West Danby Water District Fund Warrant No. 6 of 2002 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 6 of 2002 , voucher numbers 24-25 in the amount of $ 209 . 16 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 36 p . m . / qd. 4 Carol W . Sczepan , i / own Clerk min-6- 10 . 02