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Home My WebLink About2004-06-14 1 Town Board Minutes Public Hearing - June 14 , 2004 Proposed LL - Moratorium TOWN BOARD MINUTES PUBLIC HEARING PROPOSED LOCAL LAW NO. 2 OF 2004 JUNE 14, 2004 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz ABSENT : Councilperson Gladys Varona-Lacey (Excused) Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Crystal Buck - Tompkins County Planning Members of the Public : Valerie and John Shepardson, Roland Boda, Richard Oltz, John and Tony Rosenbaum, Dan Clements, Dan Klein, Diane Olden, Bob Strichartz, Stevi and Alan Mittman, Carl Seamon, Eugene E . Beavers, maxine Bietel, Barbara Goldberg, Paul and Karen Chirik, Beth and Jonathan Joseph, George Jukubson, Jody Schuberg, Gary and Gay Huddle, Anne Klingensmith, Tobias Dean, Mandy M—(?), Richard Lazarus, John Nicholas, Rick Dobson, Camille Doucet, Henrike Burton, Raymond Mayo, Pricilla Barber, Fritz Daemen VanBuren, George Payton, Roy Casterline, Paul Moore, David Hall, Ted Jones, Walt Sczepanski, Ted Melchen, George Blanchard, Warren Cross, Diane Baraccorsi, Mary Woodsen, Don and Colleen Barnes, Vito and Ben Brancato, Jim Herson, Linda Howe, Constance and Ted Merritt, John Hughes , Judy and Patrick Caveny, Nancy Weitzel, John VanDeMark, Lloyd Sheffield, Robert Chase, Mark and Sara Speisor, James Reagan, Randy Inzell, Pamela & George Arsenault, Ross Bishop , Susan and Dick Hautala, Elizabeth Owens-Roe, Mike Finn, Alex Specker, Earl Hicks, Alan and Sheri Whitley, Andi Gladstone, Yvonne Fisher, Priscilla Cartland, Pat Woodworth, Nancy Medsker, Leslie Connors, Jonathan Lisk, Alice Churchill, Russ Klinger, Al Becker, Kathie DeWolfe, Frank Proto, Judy Willis, Tom Seaney, Dorothy Daetsch, Eileen Wright, Verna Little, Megan Roberts , Ray Ghirardo, Bill farrell, Rueparo and Lamar Herrin, James, Linda and Connie Sczepanski , Sue Howe, Scott Hoffay, Robert Howe, Sheryl Munroe, John Shepardson, Jr. and many others . Public Hearing Declared Open Supervisor Fredric Dietrich declared the public hearing open at 7 : 05 p .m. and read the following Notice ofPublication : "PLEASE TAKE NOTICE, that the Town Board of the Town ofDanby will hold a public hearing on Monday, June 14, 2004 at 7 : 00 p .m . at 1830 Danby Road, Tompkins County, Ithaca, New York to consider enacting a local law entitled : "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS , APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS , AND APPLICATIONS FOR REZONINGS . ". Copies of the Proposed Local Law may be obtained from the Town Clerk during regular working hours. All persons will be heard either in writing or in person. A meeting of the Town Board will follow the public hearing. By Order of the Town Board Carol W. Sczepanski, Town Clerk Dated : June 3 , 2004 Published : June 5 , 2004 " COMMUNICATIONS RECEIVED Affidavit of publication 2 Town Board Minutes Public Hearing - June 14, 2004 Proposed LL - Moratorium Affidavit of posting Tompkins County Planning Department Review Persons Who Submitted Comments by Mail in support of Moratorium Local Law Ramsey Brous - 610 West King Road Wilolard and Dorothy Daetsch - concerned about a proposed subdivision in their neighborhood Douglas & Barbara Grella - 114 Fieldstone Circle Lee Kraus - Fieldstone Circle Susan Kyser and Brian Karafin - 113 Nelson Road Martin & Faith Sternstein - 177 Muzzy Road Petition from Olde Towne Village residents - 12 resident households - 21 signatures Persons who Submitted Statements Made to the Board for the Record David Hall - 237 Eastman Hill Road Ray VanDeBogart - Snowtop Dairy Farm Beth Joseph - 926 Steam Mill Road Nancy Metsker - 67 Marsh Road Cheryl Botts - 971 Comfort Road Persons Who Submitted Comments by Mail opposing moratorium Jim Hovanec - 108 Olde Town Road Marg Hovanec - 108 Olde Town Road Petition submitted by Ted Merritt containing 57 signatures Code Enforcement Zoning Officer Susan Beeners addressed the public and explained the reason for the proposed local law. What the local law will do is provide a six month period where all subdivisions (one lot or several lots) would not be permitted to be approved . This will allow the Town to begin and engage in a process of reviewing the regulations as required by New York State Law. There is a process in the proposed local law for appealing to the Town Board should there be a hardship . For the process of reviewing the regulations, the Town has engaged into a contract with Tompkins County Planning Department and there is also a Comprehensive Plan Task Force . Crystal Buck of Tompkins County Planning introduced herself to the public Public Comment Olivia Vent of East Miller Road - supports Mary Woodson - 132 South Danby Road - supports Fritz Damen Van Buren - Howland Road - opposes Raymond Mayo - 335 Ridgecrest Road - opposes moratorium and zoning Sarah Spizer - 299 Hornbrook Road - supports Alice Churchill - 102 Old Town Road - favors Jonathon Joseph - 926 Steam Mill Road - supports Judy Willis - 90 Marsh Road - supports Ray VanDeBogart - Snowtop Farms - opposes restrictions on land use and the moratorium Carl Steel - Muzzy Road - opposes George Payton - Nelson Road - opposes William Farrell - 581 East Miller Road - opposes Paul Moore - Gunderman Road - opposes Priscilla Barber - Hilltop Road - opposes Laurene Gilbert - 4 Gilbert Road - supports Dan Klein - 56 Durfee Hill Road - supports Diane Olden - 56 Durfee Hill Road - supports Eileen Wright - supports Patrick Caveney - 77 Gunderman Road - opposes James Regan- 1240 Danby Road - approves . . . . 3 Town Board Minutes Public Hearing - June 14, 2004 Proposed LL - Moratorium Suzanne McCallister - 1276 Danby Road - inconclusive Mauro Marinelli - developer - gave background for CMC - does not want to be in the moratorium David Cook - 1737 Danby Road - bad idea - opposes Barry Craddock - 34 Comfort Road - opposes Ames Brown - 1840 Danby Road - no comment Kevin Cain - 100 Gunderman Road - opposes John Rosenbaum - Buttermilk Lane - not opposed to moratorium Toni Rosenbaum - Buttermilk Lane - supports Allen Wagner - Coddington Road - opposes Carol Bushberg - Steam Mill Road - supports Don Barns - Michigan Hollow Road - opposes Coleen Barns - Michigan Hollow Road - opposes Richard Lazarus - 63 Howland Road - supports Anne Klingensmith - 41 Muzzy Road - supports Lamar Herrin - Muzzy Road - supports Will Parker - 524 Comfort Road - supports John Augustine - Troy Road - opposes Sue Howe - 13 West Miller Road - opposes Walt Sczepanski - 54 East Miller Road - opposes James Sczepanski - 79 East Miller Road - opposes Gary Johnson - 21 Hilltop Road - supports Brian Caldwell - Bald Hill Road - supports Rick Dobson - Dobson Enterprises - opposes Megan Roberts - 1254 Danby Road - supports George Blanchard - Marsh Road - opposes Priscilla Cart land - 121 Station Road - supports John Nichols - Fieldstone Circle - opposes Mark Spieser - 290 Hornbrook Road - supports Tom - 1250 Danby Road - supports Pat Woodworth - 305 Gunderman Road - supports Verna Little - 1758 Danby Road - supports Yvonne Fisher - 32 Comfort Road - supports Andi Gladstone - Comfort Road - supports Joe Arsenault - Coddington Road - opposes Pamela Arsenault - 1496 Coddington Road - opposes George Arsenault - 1496 Coddington Road - opposes John Shepardson - 80 Muzzy Road - opposes Nathaniel Thompson - (renter at) 423 Gunderman Road - supports Diane - 580 Nelson Road - supports Warren Cross 580 Nelson Road - supports Mike Finn - Comfort Road - no opinion Scott Hoffay - Muzzy Road - opposes Earnest Payton- 1541 Danby Road - supports Ted Melchen - Nelson Road - supports Dick Hautala - 128 Hornbrook Road - opposes Susan Hautala - 128 Hornbrook Road - opposes George Davis - Buttermilk Lane (?) Allen Mittnen - Buttermilk Lane - supports Eugene Beavers - 2402 Danby Road - opposes Ted Merritt - Jersey Hill Road - opposes (Submitted petition with 57 signatures against moratorium) Earl Hicks - East Miller Road - supports Connie Merritt - asked what the board would do with information received from residents tonight. Rhonda Roaring - 571 South Danby Road - supports Nancy Medsker - Marsh Road - supports 4 Town Board Minutes Public Hearing - June 14, 2004 Proposed LL - Moratorium Ted Merritt asked the Board when they were going to make a decision on the proposed local law for a moratorium . The Board said that it probably would not be tonight but may be next month. Councilperson Gagnon said that there is one question he has that is material to when they make a decision and that is whether to include the proposed CMC subdivision in the moratorium . The Board has had meetings with Mauro Marinelli and Barry Craddock about whether or not to include them in the moratorium. We have had meetings with them about what can we do with to change their proposal so that it is more or less with keeping with what we want to happen under the Comprehensive Plan. They have negoiated with the Board in good faith, and modified their proposal and he said that he has a problem with including them in the moratorium . To exclude them from the moratorium it would be necessary to redraft the local law and have an additional hearing . Public Hearing Declared Closed Supervisor Fredric Dietrich declared the public hearing closed at 10 : 05 p . m . a/belW - att4/16 Carol W. Scze ski, Town Clerk phm-mort . 04 . 1440 Town Board Minutes June 14 , 2004 TOWN OF DANBY TOWN BOARD MINUTES JUNE 14, 2004 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz ABSENT : Councilperson Gladys Varona-Lacey (Excused) Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Crystal Buck - Tompkins County Planning Members of the Public Valerie and John Shepardson, Roland Boda, Richard Oltz, John and Tony Rosenbaum, Dan Clements , Dan Klein, Diane Olden, Bob Strichartz, Stevi and Alan Mittman, Carl Seamon, Eugene E . Beavers , Maxine Bietel, Barbara Goldberg, Paul and Karen Chink, Beth and Jonathan Joseph, George Jukubson, Jody Schuberg, Gary and Gay Huddle, Anne Klingensmith, Tobias Dean, Mandy M—(?), Richard Lazarus, John Nicholas, Rick Dobson, Camille Doucet, Henrike Burton, Raymond Mayo , Pricilla Barber, Fritz Daemen VanBuren, George Payton, Roy Casterline, Paul Moore, David Hall, Ted Jones, Walt Sczepanski , Ted Melchen, George Blanchard, Warren Cross, Diane B araccorsi , Mary Woodsen, Don and Colleen Barnes, Vito and Ben Brancato , Jim Herson, Linda 1„..r.c. Howe, Constance and Ted Merritt, John Hughes, Judy and Patrick Caveny, Nancy Weitzel, John VanDeMark, Lloyd Sheffield, Robert Chase, Mark and Sara Speisor, James Reagan, Randy Inzell, Pamela & George Arsenault, Ross Bishop , Susan and Dick Hautala, Elizabeth Owens-Roe, Mike Finn, Alex Specker, Earl Hicks, Alan and Sheri Whitley, Andi Gladstone, Yvonne Fisher, Priscilla Cart land, Pat Woodworth, Nancy Medsker, Leslie Connors , Jonathan Lisk, Alice Churchill , Russ Klinger, Al Becker, Kathie DeWolfe, Frank Proto, Judy Willis , Tom Seaney, Dorothy Daetsch, Eileen Wright, Verna Little, Megan Roberts, Ray Ghirardo , Bill Farrell, Rueparo and Lamar Herrin, James, Linda and Connie Sczepanski , Sue Howe, Scott Hoffay, Robert Howe, Sheryl Munroe, John Shepardson, Jr. and many others . Many members of the public who were in attendance for the previous public hearing left before the regular meeting of the Board . Supervisor Dietrich called the meeting to order at 10 : 15 p . m . and led all present to the Pledge of Allegiance to the American Flag. Motion for Authorization for Highway to Spend Funds A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town B oard of the Town of Danby authorizes the Highway Department to spend $25 ,000 (CHIPS) Account No . DA5112 . 400 to start the highway maintenance . Discussion : Councilperson Gagnon said that we are spending money before NYS Budget has been passed . Councilperson Nolte said that we always need to spend funds and they are then reimbursed through CHIPS . Work cannot be started without funding approval . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye 1 3 'I, 6 1 2 Town Board Minutes June 14, 2004 Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried RESOLUTION NO. 42 OF 2004 Closing of NYS Rte. 96B FOR FUN DAY PARADE By Supervisor Dietrich : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby authorizes the Danby Parade Committee to close NYS Rte. 96B from East Miller Road to Bald Hill Road on July 24, 2004 from 10 : 45 a.m . to 12 : 15 p . m. for the annual Fun Day Parade. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried RESOLUTION - CSEA AGREEMENT BETWEEN CSEA AND TOWN- tabled By Councilperson Strichartz : Seconded By Supervisor Dietrich RESOLVED, that the Town Board of the Town of Danby accepts the Agreement by and between the Town of Danby and the Civil Service Employees Association, Inc . Local 1000, AFSCME, AFL- CIO of the Tompkins County Local 855 , Unit 8911 -00 for January 1 , 2004 - December 31 , 2006 . Discussion : After discussion on items in the agreement the resolution was tabled . Motion to Move Agenda Meeting for July A motion was made by Councilperson Strichartz and seconded by Supervisor Dietrich that the Town Board of the Town of Danby moves the July 5 , 2004 Agenda Meeting Date to Wednesday, July 7 , 2004 at 7 : 00 p . m. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried RESOLUTION NO. 43 OF 2004 ACCEPTANCE OF COMMUNITY COUNCIL AGREEMENT 2004 By Councilperson Strichartz : Seconded by Supervisor Dietrich RESOLVED, that the Town Board of the Town of Danby accepts the Community Council Agreement for fiscal year 2004 and authorizes the Town Supervisor to sign the agreement on behalf of the Town. ' A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried Employee Manual 143 t 3 Town Board Minutes June 14, 2004 Supervisor Dietrich reported that the Draft Employee Manual has been drafted by the Town Attorney. The Draft Employee Manual has been sent to the insurance company. The Board will review the draft for approval at a later date . Other Business : CMC Proposed Development Report Councilperson Gagnon reported that he and the Code Enforcement Officer met with Mauro Marinelli and Barry Craddock. The put together a schedule for expeditiously dealing with the CMC Development Proposal. Councilperson Nolte questioned why they were meeting with the developers to speed up the process . . Councilperson Gagnon said that the reason they had been meeting with them was not to make it happen more quickly but to see whether we can reach an agreement that essentially satisfies most of our concerns regarding the incompatibility of the Comprehensive Plan so we know whether to exempt them from a moratorium or not. They have negotiated in good faith and on Saturday at our Special Meeting and the meeting afterwards, he is certainly comfortable if he does everything he said he would do and is comfortable with exempting that development from the moratorium. The developer is concerned about getting through the process in a reasonable time so that a completed application can be submitted. Susan Beeners said that the Planning Board would receive an update on what was reviewed by the Town Board at their meeting on June 16 , 2004 . The Town Board will receive a presentation on July 12 , 2004 . Motion to Table Further Discussion on Local Law - Moratorium A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town Board of the Town of Danby tables further consideration of the Local Law regarding Moratorium until the July 12, 2004 meeting and schedules a public information meeting on the Proposed CMC Subdivision. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried Approval of the Supervisor ' s Report - May 2004 A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Town Supervisor ' s May 2004 report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye 111 Dietrich Aye (Councilperson Varona-Lacey absent) Carried Comprehensive Plan Task Force Work Plan Motion to Approve the Comprehensive Plan Task Force Work Plan A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Comprehensive Plan Task Force Work Plan (dated 5/04/04 . A roll call vote on the motion resulted as follows : I 1 ; i 1 , 1 ' I 1438 4 Town Board Minutes June 14 , 2004 Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried Approval of the Town Clerk' s Report - May 2004 A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Town Clerk ' s May 2004 Report as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried APPROVAL OF WARRANTS Approval of General Fund Warrant No. 6 of 2004 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 . 6 of 2004 voucher numbers 245 - 288 in the amount of $6 , 301 . 69 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried Highway Fund Warrant No. 6 of 2004 Motion to Approve Highway Fund Warrant No. 6 of 2004 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 6 of 2004 voucher numbers 65 - 83 in the amount of $ 17 , 731 . 19 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried West Danby Water District Fund Warrant No. 6 of 2004 Approval of West Danby Water District Fund Warrant No. 6 of 2004 A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the West Danby Water District Warrant No . 6 of 2004 voucher numbers 22 - 25 in the amount of $ 552 . 65 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye 1439 5 Town Board Minutes June 14, 2004 Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried ADJOURNMENT On a motion the meeting adjourned at 11 : 00 . I&.i_1' / j �; .° /ice min-6- 14 . 04 Carol W . Sczepans 0, ►own Clerk