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HomeMy WebLinkAbout2004-07-12 1 4 41 TOWN OF DANBY TOWN BOARD MINUTES JULY 12, 2004 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 Brayton Foster Jody - Allen Engineering Members of the Public : George Blanchard, Eileen B . Wright, Willard & Dorothy Daetch, David Cook, Tom & Susie McCollister, Roy Casterline, Gene Beavers, James Reagan, Randall Ingell, Kevin & Michelle Fullagar, Joanne Denison, Ronda Roaring, Laurene Gilbert, Ames Brown, Pamela Soloman, Mary L. Erber, Anne Klingensmith, John Rosenbaum, Elizabeth Owens-Roe, Toni Rosenbaum, Alan Mittman, Edward C . Kokkelenberg, George Jakubson, Olivia Vent, Ted & Connie Merritt, Ted Jones, John Hayes , Faith Chase, Carl Steele, L. Patrick & Judith Caveny, Bill Farrell, Richard Hardesty, Karen Chink, Donald Barnes , Carolyn Klass, John VanDeMark, Paul Moore, Ray VanDeBogart, and others . 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. Public Information Meeting Brayton Foster a consulting geologist addressed the Town Board and the public with details of the water and well testing related to the water report for the proposed CMC Development project that was submitted to the Board . He described the process for the draw down testing and how the data was collected and he entertained many questions from the public . Comments from the Public Joanne Denison - 1321 Danby Road - is concerned about the road and what will happen to the water in dry seasons . John Rosenbaum- 219 Buttermilk Lane - had questions for Mr. Foster about the two new wells and the draw down testing. Ronda Roaring - 571 South Danby Road - said that three gallons per minute is not adequate for a busy household. John Hayes - 1250 Danby Road - is concerned that the proposed CMC Development will take his water. � II ; J i . X442 2 Town Board Minutes July 12 , 2004 Ted Jones- 109 South Danby Road - asked if there was an adequate water system at the mobile home park in his neighborhood. His well dropped substantially when the new wells there were drilled . Liz Owens-Roe - 1820 Danby Road - There has been a serious drought from about 1995 - 2000 in this area and we are just coming out of it now and would effect the water table . George Davis - 211 Buttermilk Lane - has had his well fractured. Edward Kokkelenberg - 214 Buttermilk Lane - has had his well fractured. Wants to know what are the options if residents in the new subdivision or Old Town Village run out of water. Ames Brown - 1820 Danby Road - Would like the Board to follow the Agenda. Mr. VanDeBogart is on the agenda for 8 : 00. Carl Steele - Muzzy Road - his well is 80 feet deep and there is no water problem. George Blanchard - 437 East Miller Road - thanked Brayton Foster for the information that is being shared by the public . James Reagan - 1240 Danby Road - Didn ' t budget for drilling a new well . Alan Mittman - Buttermilk Lane - doesn ' t have a lot of water. Ann Klingensmith - Muzzy Road - asked if the agriculture lots were still in the proposal and would there be wells on those properties . Willard Daetsch - Danby Road - is not concerned about his water. Laurene Gilbert - Gilbert Road - said she was curious and asked if we are talking about one development. Jody Allen from Allen Engineering addressed the public and said that they have been working on the project for one and one half years . Connie Merritt asked if one of the plans was better than the other as she has heard that several plans had been submitted. Toni Rosenbaum asked if utilities would be underground. Ronda Roaring said that additional housing would create additional expenses for the schools due to more children. Willard Daetsch - thinks that a traffic light should be considered. There were a few other comments and questions from residents who did not identify themselves . Susan Beeners said that the Town Board is working with the developers as the Planning Board has. The Town Board may consider granting conceptual approval for the layout of some of the roads in the subdivision. There is a question of whether it is to be included in any future moratorium local law. The proposal will go to the Planning Board for review of the project . Jody Allen - Allen Engineering Jody Allen of Allen Engineering said that she is the engineer for the developers of CMC and has been working on this project for approximately one and one half years to come up with some concept plans . The plans that she developed all have complied with the Town ' s regulations . With the feedback from the Planning Board and Town Board they modified the layout . A major concern with the property was Buttermilk Creek. She described the plan with a map of the proposed project and . 1443 3 Town Board Minutes July 12 , 2004 the changes to the project due to the concerns of the boards . Jody Allen and Mauro Marinelli entertained questions from the public about the proposed subdivision proposal of CMC Developers . Ray VanDeBogart - said he would be brief this is an extension from the last meeting and is speaking on behalf of the Danby Agricultural Landowners Association . The group currently consists of five families in Danby who are all three generation or more of Danby farmers and own over 1200 acres plus leasing an additional 500+ acres of farmland . He made the following statements to the Board 1 . They plan to be part of the process involved in the Comprehensive Plan Task force and some have joined the Comprehensive Plan Task Force . 2 . Our goal is positive in the open space 3 . One of our biggest concerns is we feel that further land regulations without compensation is unfair and unjust if you take away our ability to do business . Our land is our collateral . 4 . Out of our group we have never sold a building lot outside the families . Our open space is not the problem we are the solution . 5 . We are affiliated with the Property Rights Foundation of America, and have retained the firm of Harris Beach as our attorney, and have consulted with New York State Farm Bureau and Agricultural Scoff Laws and will be meeting with New York State Ag and Markets in the near future . 6 . As farmers we have a lot of risk here and we will exhaust all means to protect ourselves and to plan our future. We have to be careful not to take ideas from the County Planning Board as we have that expertise in Danby. Ray said that landowners group asks the Town Board to treat us fairly and honestly. If you say it, back it up and do it . We just want everybody to know what we are about . We as a group do not have a lot of patience with long meetings and time to be active in Town Government Motion to Enter Into Executive Session : A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon at 9 : 25 that the Town Board of the Town of Danby enter into an Executive Session to discuss a matter concerning possible litigation. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Nay Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Board Meeting Reconvened The Board meeting reconvened at 9 : 55 p . m . Special Meeting of the Board Scheduled A motion was made by Supervisor Dietrich and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby schedule a special meeting of the Board for Saturday, July 17 , 2004 at 9 : 30 p .m . to discuss a Memorandum of Understanding and the site plan for the CMC Development project. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously x. 444 4 Town Board Minutes July 12 , 2004 Councilperson Nolte asked the Supervisor to give the Board a finance update (method for borrowing money) following the meeting on Saturday, July 17 , 2004 . Motion to Send Letter to Tompkins County - Restructuring of Coddington Road A motion was made by Supervisor Dietrich and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes Councilperson Strichartz to send a letter to Tompkins County requesting culverts for wildlife crossing be placed on Coddington Road while in the process of restructuring the road. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Privilege of the Floor : The Town Clerk reported that there is an addition to the Agenda - Transfer of funds for the Highway Department . She also reported that the building has been left unlocked on two occasions this past month and that the key box for the library has been returned. The State Police suggested that we do away with that key box to insure the safety of the building. Supervisor Dietrich said that he is checking the list of key holders and doing an inventory. David Cook of 1737 Danby Road said he does not want to bring up the subject of the moratorium tonight but the reality is that he wants to be able to address this board as a whole prior to any votes on it. Councilperson Varona-Lacey reported that she would like to invite Michael Stamm to come and talk to the Board regarding Economic Development. She suggested that he be invited to the September meeting. RESOLUTION NO. 44 OF 2004 TRANSFER OF FUNDS HIGHWAY ACCOUNTS By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey RESOLVED that the Town Board of the Town of Danby approves the transfer of $ 110 . 00 from A5010 . 400 to A5010 . 200 to cover the purchase of a Fax machine replacement . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of Town Supervisor' s June 2004 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Town Supervisor' s June 2004 report as submitted . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried . 4 4 5 5 Town Board Minutes July 12 , 2004 Approval of the Town Clerk' s June 2004 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 June 2004 report as submitted . A roll call vote on the resolution 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. 7 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 General Fund Warrant No . 7 of 2004 in the amount of $ 9, 723 . 27 voucher numbers 289 - 339 . 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. 7 of 2004 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 . 78 of 2004 in the amount of $ 10, 731 . 74 voucher numbers 84 - 90 . 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 West Danby Water District Fund Warrant No. 7 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 West Danby Water District Fund Warrant No . 7 of 2004 in the amount of 893 . 29 voucher numbers 26-31 . 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 10 : 15 p . m. Oak" )) • min-7- 12 . 04 Carol W . Sczepans ,! ,awn Clerk