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HomeMy WebLinkAbout2003-07-14 X285 TOWN OF DANBY TOWN BOARD MINUTES JULY 14, 2003 Regular Meeting PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Sue Howe- Highway Department Secretary Ted Jones - Bookkeeper Frank Proto - County Representative Kate Hackett - Tompkins County Planning Members of the Public : Willard T . Daetsch, Eileen B . Wright, Roy Casterline, Dorothy Daetsch 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 1 ) Councilperson Strichartz requested that discussion for a possible noise ordinance and the burning of garbage be added to the agenda for discussion as item No . 3 under New Business . 2) Sue Howe requested that permission to send the van to auction be added to the agenda. 3 ) Supervisor Dietrich added discussion of Capital spending to the agenda PRIVILEGE OF THE FLOOR The Town Clerk apologized to the Board for her failure to advertize for a proposed public hearing for this evening . Susan Beeners reported that Kate Hackett from Tompkins County Planning is here to address the Board regarding the Tompkins County Draft Memorandum of Understanding Among the Counties of Tompkins and the Towns of Caroline, Danby, Enfield, Groton, Ithaca, Lansing, and Ulysses to Complete a Multi-Jurisdictional All-hazard Mitigation Plan. She requested that Kate be placed first on the agenda. Motion to Amend the Agenda: A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby amends the July 14, 2003 Agenda and places Kate Hackett from Tompkins County Planning Department first on the Agenda. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Kate Hackett - from Tompkins County Planning said that she would like to be available to answer any questions that the Board has about the Draft Memorandum of Understanding Among the County of Tompkins and the Towns of Caroline, Danby, Enfield, Groton, Ithaca, Lansing, and Ulysses to Complete a Multi-Jurisdictional All-hazard Mitigation Plan . for the Tompkins County. FEMA is the actual grant agency. The County must have a plan to receive funding. The Board reviewed the Draft MOU with Kate Hackett. j I ! I 2 Town Board Meeting July 14, 2003 Councilperson Strichartz said that the Town can put in a cap amount and would like the language to eliminate the open ends. She would like the draft to have a "not to exceed" amount included in the approval language. Councilperson Gagnon said that there is a provision in the memorandum that says that if any town fails to make payment then the other towns pick up the slack. Payment is due when the MOU is signed. Kate Hackett said that payment is due when the MOU is signed. Motion to Set Cap for Payment for the MOU A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby authorizes the Town Supervisor to expend an amount not to exceed $3 ,000 .00 as the Town contribution to the Tompkins County for the July 3 , 2003 Draft of the MOU per the Town Boards approval of the request and is contingent upon the towns of Caroline, Enfield, Groton, Ithaca, Lansing, and Ulysses signing the draft proposal of the MOU. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously COMMUNICATIONS RECEIVED : 1 ) Request from Danby Library for phone access . 2) Notice of Municipal Officials Meeting 3 ) Hillview Road Landfill Water Quality Monitoring Report for 1999-2000 4) Addendum to contract PLAN 2002 (Grant) for the General Store 5) Response from Ed Marx regarding Draft Memorandum of Understanding OLD BUSINESS OLD TOWN ROAD ABANDONMENT A public hearing was not held tonight on the proposed abandonment of a portion of Old Town Road. Two (2) proposed resolutions to be considered for the proposed abandonment of a portion of Old Town Road were presented to the Board by the Code Enforcement Officer. 1 ) Negative Determination of Environmental Significance in the Matter of Consenting to the Filing, by the Town of Danby Highway Superintendent, of a Description of a Certain highway Right of Way Known as ` Old Town Road' Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . 2) In the Matter of Consenting to the Filing, by the Town of Danby Highway Superintendent, of a Description of a Certain highway Right of Way Known as ` Old Town Road ' Deemed Abandoned Pursuant to New York State Highway Law Article 8 , Section 205 , Paragraph 1 . Susan Beeners explained the section of road that was proposed to be abandoned and its effect on the surrounding area. She said that the attached map was reviewed by the Town Attorney and was provided by Willard Daetsch. She reviewed the map with the Board where a section of the road was previously abandoned. Discussion : Eileen Wright addressed the Board and said that she has lived there for 17 years and the description in the resolutions related to the an abandonment of the lower section of the road is incorrect and not the description that is in the court decision . 1 Il r � ' ill; 1 I I I g 7 r 3 Town Board Meeting July 14, 2003 The Board deferred action pending review and correction of the language by the Town Attorney. REPORTS : County Representative Report : Representative Proto reported : 1 ) The progress of the County Dispatch Center; 2) a project for a building in Dryden between the County and the Department of Transportation ; 3 ) the status of the smoking regulations and problem with the County being able to afford the enforcement; 4) County draft budgets have been submitted with an approximate 24% increase ; 5 ) State Archives cannot afford to publish booklets this year and there are new regulations allowing two grants and can be shared with other municipalities . A beatification grant was awarded for the Danby Community Park project for the Flower Tour. Highway Report - June Report Received Supervisor Dietrich reported that the Public Officers ' insurance coverage is an item that is ongoing between the Fire Department and the Highway Department . The Fire Department is in charge and can request assistance from the Highway Department and insurance must be in place . Supervisor Dietrich requested that the Highway Department submit items for major purchases for the Capital Budget 2004 in August. Sue Howe said that she appreciates the Board for accepting the Highway Warrant that was presented late due to the Highway shutdown for vacation. In the Highway Report is a request for permission to send the van to auction and that any proceeds from vehicle sales be deposited into the DA5130.2R account for re- investment. CHIPS for 2003 The Town has received confirmation of the amount approved for CHIPS in the amount of $92 , 650 . 41 . The budget will be adjusted accordingly. Motion for a Budget Meeting - August 25, 2003 A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby schedule a meeting for August 25 , 2003 at 7 : 00 p .m. to review items for the Capital Budget. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Carried Unanimously Zoning Report - June 2003 report received. Susan Beeners reported that she is not sure if the oil and stone on the Town Hall parking lot will happen this year. A letter from Ross Borden dated June 19 , 2003 , regarding the Nine Poets Golf Course was presented as a communication to the Board at the Agenda Meeting on July 7, 2003 . The Planning Board will hold a public hearing on Wednesday, July 16, 2003 on the Simkin project. There is a three- lot subdivision proposed on West King Road. Sue said that she has been communicating with the Fire Department regarding dry hydrants . The Department of Conservation will continue the timber harvest through October. Susan asked when the deadline for submission of budgets proposed budgets were due . The Supervisor said that budget requests will go out this week to the department heads and will be asked to submit a proposed budget by August 22 , or 29, 2003 . A work session of the Board will be held on August 25 , 2003 at 7 : 00 p . m . for Capitol Projects . Recreation Partnership : Councilperson Strichartz reported that Tompkins County may not keep its commitment to fund 1288 4 Town Board Meeting July 14, 2003 programs for the full year. Supervisor Dietrich said that we do not have a representative on the Recreation Partnership Committee and suggested that we may be able to share a representative with the Town of Caroline . Community Council : Supervisor Dietrich reported that Community Council is sending data for the Board to review. A contract has been filed with the Clerk. The copy presented is not the amended contract that was approved by the Board. Senior Citizens : The Senior Citizens had their annual picnic at the old Danby Ball Park on July 3 , 2003 . It was attended by approximately 35 seniors . The entertainment was provided by a musical group The Thrill Dogs . Phone for Danby Library : The Town Clerk reported that she has received a request to have a phone line installed in the Danby Library connected. It is necessary to have a phone available for emergency use in the library and for others using the meeting room when the town offices are closed. Comprehensive Plan : Councilperson Gagnon said that he has many suggestions for changes in the Comprehensive Plan that he wants to talk about . Supervisor Dietrich suggested that individual comments and suggestions should be sent to the Planning Board Chairperson Sarah Newman via E-mail . Councilperson Strichartz said that the changes should be approved by the entire Town Board. She is willing to meet with Councilperson Gagnon, the Code Enforcement Officer and Sarah Newman to review the proposed changes . She feels that there have been substantial changes to the document since the Board met as a group to review the plan. Motion to set Date for Comprehensive Plan Public Hearing 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 September 8 , 2003 at 7 : 00 p .m . for a public hearing on the Comprehensive Plan . The agenda meeting will follow the public hearing . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Danby General Store - Revitalization Grant - Plan 2002 A grant between Tompkins County and the Danby General Store is due to expire on July 31 , 2003 . The General Store would like to extend the grant deadline to complete the project. Motion to Approve Extension of Danby General Store Revitalization Grant A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the extension of the Danby General Store Revitalization Grant Plan 2002 to December 4 , 2003 . A roll call vote on the motion resulted as follows : i I 1289 5 Town Board Minutes July 14, 2003 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously PROPOSED CLASSIFICATION OF CERTAIN ROADS PROPOSED LOCAL LAW NO. 2 OF 2003 RESOLUTION NO. 54 OF 2003 Findings Related to the Proposed Classification of Bald Hill Road, Beech Hill Road, Brenda Lee Lane, Bruce Hill Road, Curtis Road, Emery Road, Hill Road, LaRue Road, Travor Road., and Tupper Avenue as Minimum Maintenance Roads By Councilperson Nolte : Seconded by Councilperson Gagnon WHEREAS, the Town Board of the Town of Danby has reviewed the recommendation of the Town of Danby Highway Superintendent that the roads or portions thereof that are presently designated as Seasonal Maintenance or Seasonal Use Roads be classified as Minimum Maintenance Roads, with such roads or portions thereof being the following : 1 . The seasonal-maintenance portion of Bald Hill Road, commencing at the centerline of its intersection with Station Road, and thence running southerly 13 , 800 +/- feet to the center line of its intersection with Michigan Hollow Road. 2 . The seasonal-maintenance portion of Beech Hill Road, commencing 600+/- feet north of the centerline of the intersection of Beech Hill Road and Dawes Hill Road, and thence running southerly 7, 570+/- feet to a stop sign at the intersection of Beech Hill Road and Maple Avenue. 3 . The seasonal-maintenance portion of Brenda Lee Lane , commencing at the centerline of its intersection with Howland Road, and thence running northerly 2 , 850 +/- feet to the north boundary of the Danby State Forest. 4 . The seasonal-maintenance portion of Bruce Hill Road, commencing 1 , 915+/- feet north of the centerline of the intersection of Bruce Hill Road and Brown Road, and thence running easterly and northerly 3 ,525 +/- feet to the west side of the driveway of Tax Parcel 8 . - 1 -23 .211 ( 120 Bruce Hill Road, Gary Price, reputed owner) . 5 . The seasonal -maintenance portion of Curtis Road, commencing 675 +/- feet south of the centerline of its intersection with Hill Road, and thence running southerly 11 , 975 +/- feet to the centerline of its intersection with Fisher Settlement Road . 6 . The seasonal-maintenance portion of Emery Road, commencing 700+/- feet north of the centerline of the intersection of Emery Road and Brown Road, and thence running northeasterly 825 +/- feet to the abandoned road bed of Emery ( Spur) Road. 7 . The seasonal-maintenance portion of Hill Road, commencing 250 +/- feet south of the northeast corner of lands of Danby State Forest (Tax Parcel No . 23 . - 1 - 9), and thence running southerly 10,243 +/- feet to the boundary of the Town of Danby and the Town of Spencer. 8 . The seasonal-maintenance portion of LaRue Road, commencing 940 +/- feet east of the centerline of the intersection of LaRue Road with Fisher Settlement Road, and thence running easterly 2 , 860 +/- feet to a point which is 200 +/- feet east of the southwest corner of Danby State Forest (Tax Parcel No . 30 . - 1 -5 ) . 9 . The seasonal -maintenance portion of Travor Road, commencing at the centerline of its intersection with Peter Road, and thence running northerly 8 , 515+/- feet to a point which is 120 +/- feet south of the northern boundary of Danby State Forest (Tax Parcel No . 20 . - 1 -30) . 10 . The seasonal-maintenance portion of Tupper Avenue , commencing at the stop sign at the intersection of Tupper Avenue and Maple Avenue, and thence running westerly 1 , 691 +/- feet to 1290 6 Town Board Minutes July 14, 2003 the boundary of the Town of Danby and the Town of Newfield; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby makes the following findings and determinations with respect to the said roads or portions thereof that are presently designated as Seasonal Maintenance or Seasonal Use Roads : 1 . The volume of motor vehicle traffic on such roads or portions thereof is less than 50 vehicles per day, with the vehicular use of these portions primarily being for recreational purposes ; 2 . none of said roads or portions thereof provide principal motor vehicle access to a farm center of operation or year-round residence ; 3 . property owners of land abutting said roads or portions thereof shall continue to have reasonable access to their property; and 4 . the users of said roads or portions thereof traveling at a reasonable and prudent speed, under the circumstances , shall not be placed in a hazardous situation; and it is FURTHER RESOLVED , that the findings and determinations herein along with the recommendation of the Town Highway Superintendent shall be on file and made available for public inspection in the office of the Danby Town Clerk; and shall also be transmitted to the Board of Education of the involved school district for its recommendation . 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. 55 OF 2003 Establishing Lead Agency and Setting Public Hearing Date for a proposed Local Law Amending Local Law No. 3 of 2002 by Designating the Seasonal-maintenance Portions of Bald Hill Road, Beech Hill Road, Brenda Lee Lane, Bruce Hill Road, Curtis Road, Emery Road, Hill Road, LaRue Road, Travor Road, and Tupper Avenue as Minimum Maintenance Roads By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby is acting as Lead Agency in the environmental review of a proposed Local Law Amending Local Law No . 3 of 2002 by Designating the Seasonal-maintenance Portions of Bald Hill Road, Beech Hill Road, Brenda Lee Lane, Bruce Hill Road, Curtis Road, Emery Road, Hill Road, LaRue Road, Travor Road, and Tupper Avenue as Minimum Maintenance Roads ; which is an Unlisted Action, with the Tompkins County Department of Planning and the Boards of Education of the Ithaca City, Newfield Central , and Spencer-Van Etten Central School Districts being involved or interested agencies which are being notified of this action; AND IT IS FURTHER RESOLVED, that the Town Board of the Town of Danby schedules a public hearing to consider enactment of said proposed Local Law for Monday, September 15 , 2003 at 7 : 00 p .m. 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 . 56 OF 2003 AUTHORIZATION TO SEND VAN TO AUCTION By Councilperson Gagnon : Seconded by Councilperson Nolte RESOLVED, that theTown Board of the Town of Danby authorizes the Highway Superintendent to send the 1991 Dodge Van to auction . 129 1 7 Town Board Minutes July 14, 2003 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. 57 OF 2003 PROCEEDS OF 2003 VEHICLE SALES TO BE DEPOSITED By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey RESOLVED, that the Town Board of the Town of Danby requests the proceeds from all 2003 vehicle sales by the Highway Department be deposited in the appropriate revenue account and then such monies be transferred for reinvestment into the Capitol Equipment Reserve Account No . DA5130 . 2R. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Other Items : Supervisor Strichartz asked the Board to consider what we can do about amplified music very late at night and also garbage burning by residents . Approval of Supervisor ' s May and June 2003 Reports A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Strichartz that theTown Board of the Town of Danby approves the Town Supervisor' s Reports for May and June 2003 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 Town Clerk ' s June 2003 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 Town Clerk ' s June 2003 report as submitted . 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 General Fund Warrant No. 7 of 2003 A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the General Fund Warrant No . 7 as audited by the Board . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye 1292 8 Town Board Minutes July 14, 2003 Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Fund Warrant No. 7 of 2003 A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 7 as audited by the Board. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously West Danby Water District Fund Warrant No. 7 of 2003 A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 7 of 2003 , voucher numbers 25 - 28 in the amount of $ 830 . 89 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT : A motion was made by Councilperson Strichartz and seconded by Supervisor Dietrich that the Town Board of the Town of Danby adjourn at 9 : 50 p . m . (laid )77 itiati min-7- 14 . 03 Carol W. Sczep . .•. 7 Town Clerk . . i • I I