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HomeMy WebLinkAbout2004-03-08 1 Town Board Minutes March 8 , 2004 TOWN OF DANBY TOWN BOARD MINUTES MARCH 8, 2004 PRESENT : Councilpersons : Joel Gagnon , Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey ABSENT : Supervisor Fredric Dietrich Others Present : Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk Roy Casterline - Water District Superintendent Members of the Public : William Farrell, Robert Roe, Kevin Cain Deputy Supervisor Naomi Strichartz called the meeting to order at 7 : 00 and led all present to the Pledge of Allegiance to the American flag . PRIVILEGE OF THE FLOOR: Highland Farms Proposal Deputy Supervisor Strichartz reported to Tom and Janet Gray that the Board was going to defer setting a public hearing date until April so that the Town Supervisor could be present. Janet Gray address the Board and reported that they were under time constraints in getting approval and would like to have the buildings ready for use in June . Kevin Cain submitted a letter to the Board containing many questions related to the proposed dog kennel proposed to be located on West Miller Road. He said that he has nothing against home business . If the owners are going to do everything they can about the noise and that somebody enforces the proposal is fine with him . Deputy Strichartz said that she is concerned that with the of sale of the property and the transfer of the Planned Development Zone that there is a possibility that the new owner could be less responsible . Councilperson Nolte said that he would like to see the outside of the roof insulated against noise . Deputy Supervisor Strichartz reported that the Town Board would be addressing the proposed dog kennel in April and would consider setting a public hearing date at that time . There are two things of concern is the zoning change from a low density residential zone to a Planned Development Zone and that someone less competent could purchase the property should it become available . Code Enforcement Officer Susan Beeners said that the proposed local law that the conditions and provisions of this local law shall be binding on any present or successor owners or operators of the kennel facility. An additional piece could be to have a successor, owner or operator file an agreement with the Town indicating that they will comply with those regulations . Town Clerk - Carol Sczepanski apologized to Representative Proto for not being able to place his meeting with the Town Supervisor on the sign board located at the Danby Fire Department. One of our Highway Department employees lost their home due to a fire. The Spencer Fire Depth tment will hold a pancake breakfast on Sunday, March 14 at the Spencer Fire Hall from 7 : 00 a. m. till - -- with the proceeds to be donated to David and Judy Noteboom. Frank Proto - County Representative County Representative Frank Proto said that there is a dog kennel across the road from his home . 8Se, 1. 2 Town Board Minutes March 8 , 2004 At times the noise is intolerable . Complaints must be made to the S .P . C . A. He said that he could not emphasize enough the concerns that have been expressed here about the noise . County Representative Report Representative Frank Proto reported that there is a possibility of consolidation of the USDA office and the Cortland, NY office and to move it to Cortland. We would like to keep this office here in Tompkins County. The Farm Bureau has passed a resolution that they are going to approach the Agriculture and Farm Land Protection Board asking the State and the Federal Government not to approve the move to Cortland. Tompkins County is more centrally located. They are also meeting with the Town of Ithaca regarding their new zoning ordinance items related to agriculture . There was a meeting with the Municipal Officials and the County Legislators . The items prioritized were Highway Items , Court System and possible consolidation of insurance. A major item for the County and Towns will be the purchase of new voting machines and the billing back of expenses to Towns . The Zen Center in Danby was sited again for sanitary problems . EMC Report Robert Roe reported that the Agriculture District Review is in progress that includes the Town of Danby. The EMC held a session on Roberts Rules of Order and what the actual order of procedures are. Earth Day will be on April 25 , 2004 at DeWitt Park. The County Board will be addressing the Tompkins County Comprehensive Plan next month . Planning Board Report Bob Roe reported that the Planning Board on February 18 , 2004 held two public hearings and approved the Wagner proposal for subdivision of a property located on Steam Mill Road near NYS Rte . 96B and Highland Farms proposal for a dog kennel on West Miller Road. CMC Subdivision on Comfort Road and NYS Rte . 96B . Two public hearings are scheduled for the March meeting . One is for a second detached building on a single lot on Town Line Road and the Waldorf School of the Finger Lakes . Zoning Report Susan Beeners reported that there will be a Well Education and Testing program on March 10, 2004 from 7 : 00 - 9 : 00 p .m. here at the Town Hall . Pre-registration is appreciated. The cost to have your water tested will be $ 9 . 00 . She said that the Town has received two requests for variance and they have been scheduled for public hearing by the Board of Zoning Appeals . She reported that she is working on getting the burned mobile home on NYS Rte . 96B removed as soon as ownership can be determined . Highland Farms Planned Development Proposal - Susan submitted information for the proposed Highland Farms Planned Development Proposal submitted by Tom and Janet Gray . The proposal is for a dog kennel to be located on their property on West Miller Road . The Board discussed the proposal and that there was concern about future conveyance of the kennel . Councilperson Strichartz said that the Town Supervisor asked that the Board defer action on the dog kennel until April . Susan Beeners said that she would transmit the entire local law to the Town Attorney to review this week and she will seek information regarding whether the Town can request that the kennel not convey . 1 ' NEW BUSINESS Motion to Schedule Public Hearing - Highland Farms Planned Development Proposal A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby schedule a public hearing for the Highland Farms proposal for a dog kennel on West Miller Road for April 5 , 2004 at 8 : 00 p . m . A vote on the motion resulted as follows : 4 scI 3 Town Board Minutes March 8, 2004 Supervisor Dietrich - Absent Gagnon Aye Nolte Aye Strichartz Nay Varona-Lacey Abstained Motion Failed Councilperson Strichartz voted Nay because Supervisor Dietrich asked her to defer scheduling a public hearing for Highland Farms Planned Development Proposal until April Revitalization Committee : Councilperson Strichartz reported that the Revitalization will meet in April . Recreation Partnership Committee Councilperson Strichartz reported that the Recreation Partnership is still looking for a volunteer to serve on the committee for Danby. Danby Senior Citizens The Danby Senior Citizens met in March for a dish-to-pass luncheon . Dog Control A report was submitted by the SPCA for January 2004 . We have had two issues that they responded to in February and tickets were issued Motion to Approve Senior Citizen ' s Agreement A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the agreement between the Town of Danby and the Danby Senior Citizens for 2004 . AGREEMENT BETWEEN THE TOWN OF DANBY AND THE DANBY SENIOR CITIZENS DANBY SENIOR CITIZENS AGREEMENT - 2004 THIS AGREEMENT is made this 8th day of March. 2004 , between the TOWN OF DANBY with offices at 1830 Danby Road, Ithaca, N. Y. 14850 (hereinafter referred to as the "Town") and the DANBY SENIOR CITIZENS, whose address is 1830 Danby Road, Ithaca, NY 14850 (hereinafter referred to as the "Contractor") . The Town and Contractor agree as follows : 1 . Services to be Performed. Contractor agrees to perform the following services for the Town : (a) Provide programs , including bus trips and other entertainment, for senior citizens . (b) Provide liability insurance for programs 2 . Fees . The Contractor shall be paid the following sum for these services : The cost of the services up to a maximum of Two Thousand Dollars (2 , 000 . 00) for calender year. 3 . Term of Agreement . The term of this Agreement shall be from January 1 , 2004 to December 31 , 2004 unless earlier terminated by either party . Notwithstanding the term set forth above, this Agreement may be terminated in part or in whole by either party at any time for any reason or for no reason upon three days prior notice to the other party. This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party. In the event of termination by the Town, the Town shall pay for those portions of the services rendered prior to the date of termination . 4 . Quality of Work. The services shall be performed diligently and in a proficient and 0 2 Danby Senior Agreement March, 2004 efficient manner. Contractor will provide responsible and knowledgeable personnel to perform Contractor ' s services to the Town . To the extent the reimbursement for services pursuant to this contract is based upon hourly rates for Contractor ' s employees or providers, Contractor certifies that the time expended shall be reasonable for the services performed and the Town shall not be billed for any time that is not productively used to accomplish the work for the Town . 5 . Payment for Services . Payment for services shall be submitted on the standard Town voucher which will list the services and activities , the dates on which performed or supplied, and, if applicable, the time spent on each indicated date for which the town is being billed . Unless otherwise agreed, the vouchers shall be submitted monthly on the first of each month covering services for the preceding month, and the Town will review same and, if acceptable, pay for the services after submission of the vouchers to the Town board and approval of same by the Board. 6 . Relationship . The Contractor is , for purposes of this contract (including, without limitation, withholding of income tax , payment of worker ' s compensation , and payment of FICA taxes) an independent contractor and no employer- employee relationship is intended, implied or created by this Agreement. Contractor shall determine the times and manner of performance of any services for the Town hereunder consistent with the overall obligations for the work contemplated by this Agreement. Contractor shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Contractor sees fit and for other such persons , firms , or entities as Contractor deems advisable provided that such other services do not constitute a conflict of interest with the interests of the Town . 7 . Contractor ' s Insurance . Contractor shall have provided by the Danby Senior Citizens Association insurance coverage for public liability covering Contractor and the Town , its officers , agents, and employees, from and against all suits , claims, loss , liability, or expense (including costs and reasonable attorney ' s fees) by reason of any liability imposed upon the Town or any or all of the foregoing persons for damages because of any injury to persons , including bodily injury and death, or because of any property damage , including loss of use thereof, resulting from any conditions of the premises for which reimbursement is being made to the Contractor under this agreement. The amount of the policy shall be at least $ 500 , 000 aggregate limits or in such other amounts as the Town may reasonably require . The policy may, at the Town ' s option, be reviewed by the Town ' s insurance counsel to determine whether it adequately protects the Town and the Contractor shall comply with any reasonable requirement of the insurance counsel . It is understood and agreed that the Contractor shall be primarily liable, and that the Contractor ' s insurance shall be the first to respond, in the event of any personal injury, property damage , or loss of life arising out of the negligence or willful wrongful act of Contractor, or in any way arising out of, or related to , any activities or services by Contractor under this contract. 8 . Contractor May Not Assign . This Agreement may not be assigned by the Contractor without the previous written consent to such assignment from the town, which consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Agreement personally with the Contractor and is not intending that it be performed by any other person or entity . 9 . Binding Nature of Agreement. This Agreement is binding upon the parties , their respective successors and, when assignment is permitted, assigns . 10 . Governing Law Jurisdiction and Enforcement . This Agreement is made in New York, + and shall be construed under the laws of the State of New York. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in Supreme Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court. 11 . Notices . Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally upon the other party at the address set forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at the address set forth above . Either party may change the address to which notices are sent by giving 6821 5 Danby Senior Agreement March 2004 notice of such change in the manner set forth above to the other party . IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above written . Date Priscilla Barber, President Danby Senior Citizens Date Fredric Dietrich, Supervisor A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried Jennings Pond Application The Town has received an application from the State Parks for Jennings Pond . Authorization from the Board is needed for the Supervisor to sign the agreement . Motion to Authorize Supervisor to Sign Jennings Pond Application A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the Pond Application for Jennings Pond. A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried Motion to Authorization for Supervisor to Consult With Thayler & Thayler on Financial Issues A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby authorizes the Town Supervisor to consult with the Thayler & Thayler Law Firm on financial issues . A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried Appointments to the Assessment Board of Review A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby appoints Darius Lind and Allen Becker to serve on the Assessment Board of Review with (Randy Brown) as a backup to be held on May 12 , 2004 from 3 - 6 p . m . 6 Danby Senior Agreement March 2004 A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried Approval of Town Supervisor ' s January and February 2004 Reports A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the Town Supervisor ' s January and February 2004 reports as submitted . A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried Approval of the Town Clerk' s Report A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the Town Clerk' s February 2004 report as submitted. A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried APPROVAL OF WARRANTS General Fund Warrant No. 3 of 2004 A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the General Fund Warrant No . 3 of 2004 in the amount of $ 11 , 169 . 77 voucher numbers 82 - 136 . A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried 1 Approval of the Highway Fund Warrant No . 3 of 2004 A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 3 of 2004 in the amount of $30 ,231 . 11 voucher numbers 25 - 38 . A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye 6 CT 7 Danby Senior Agreement March 2004 Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried Approval of the West Danby Water District Fund Warrant No. 3 of 2004 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 3 of 2004 in the amount of $ 1 , 019 . 54 voucher numbers 7 - 12 . A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried Motion to Adjourn to Executive Session A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon at 9 : 30 p . m . that the Town Board of the Town of Danby adjourn to Executive Session to discuss a Board of Zoning Appeals appointment . A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried Board Meeting Reconvened The Board Meeting reconvened at 9 : 35 p . m. Appointment to the Board of Zoning Appeals A motion was made by councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby appoints Christine Decker to the Board of Zoning Appeals for a five (5 ) year term that is to begin immediately and expires on December 31 , 2008 . A vote on the motion resulted as follows ; Supervisor Dietrich absent Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Motion Carried ADJOURNMENT : On a motion the meeting adjourned at 9 : 36 p . m . atria/ j 'd gyyt44) min - 3 - 8 . 04 Carol W . Sczepan iown Clerk