The URL can be used to link to this page

Home My WebLink About2005-07-11 Public Hearing Minutes Time Warner 1 July 11 , 2005 TOWN OF DANBY TOWN BOARD MINUTES PUBLIC HEARING - TIME WARNER JULY 11 , 2005 - 7 : 00 P.M. PRESENT Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Naomi Strichartz, Gladys Varona-Lacey ABSENT : Norbert Nolte - excused Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Tom Doheny- Time Warner Representative Members of the Public Ames Brown, Roy Casterline, Ronda Roaring, Jim Houghton, Jodi Sterling, Ray Van de Bogart, Bill and Denise Pratt, Joseph and Johanna Husband Public Hearing Declared Open Supervisor Dietrich declared the public hearing open at 7 : 05 p .m. Communications : Affidavit of Publication Affidavit of Posting Supervisor Dietrich read the following public hearing notice : PLEASE TAKE NOTICE that the Town Board of the Town of Danby, Tompkins County, New York has scheduled a public hearing for the 11 `h day of July, 2005 at 7 : 00 p . m . at the Town Hall, 1830 Danby Road, Ithaca, New York to consider renewal of the cable television franchise held by Time Warner Entertainment-Advance/Newhouse Partnership (hereinafter referred to as "Time Warner Cable") . The purpose of the hearing is to consider a Franchise Renewal Agreement which would renew Time Warner Cable ' s cable television franchise for an additional ten ( 10) years and to bring the franchise into conformity with certain provisions of the Federal Cable Communications Policy Act of 1984 as amended. The Agreement, if approved by the Town Board, shall not take effect without the prior approval of the New York State Public Service Commission. A copy of the Franchise Renewal Agreement is available for public inspection at the Office of the Town Clerk during normal business hours . Interested persons may file comments or objections with the New York State Public Service Commission, Three Empire State Plaza, Albany, New York 12223 . All interested persons will be heard either in person or in writing. By Order of the Town Board Carol W. Sczepanski , Town Clerk Dated : June 28 , 2005 Publish : July 1 , 2005 Supervisor Dietrich addressed the public and stated that the Town of Danby is operating with extensions of an old franchise agreement that is outdated by many years . Tom Doheny representing Time Warner addressed the Town Board and public with background information on the proposed renewal franchise agreement between the Town of Danby and Time Public Hearing Minutes Time Warner 2 July 11 , 2005 Warner Entertainment-Advance/Newhouse Partnership . The Town is now operating on a Temporary Order of Authority. Revenue to the Town is charged at 1 % on basic cable charges to subscribers . Under the proposed agreement charges would also be assessed to the extended channels . The increase would be minimal . Supervisor Dietrich said that the Town could ask for a larger percentage. Comments from the Public : Ronda Roaring - asked if the Town had considered contacting Hafflee of Spencer. They have cable services in the Town to Lame Road . Ray VandeBogart asked how the 1 % user fees were used and what would the increase be to subscribers if increased to 5 % . Ames Brown - why a ten( 10) year agreement . He would be interested in hearing from more than one provider. Gladys Varona-Lacey asked if a Town could have more than one franchise . Carol Sczepanski - is digital for cable, phone and broadband and does not want to see her cost for service increased. Public Hearing Declared Closed : Supervisor Dietrich declared the public hearing closed at 7 : 40 p . m. phm-timew-05 Carol W . Sc ez4le ski, Town Clerk 1 Public Hearing Minutes Pratt Petition - Deputron Hollow Road July 11 , 2005 TOWN OF DANBY TOWN BOARD MINUTES PUBLIC HEARING - PETITION - DEPUTRON HOLLOW ROAD JULY 11 , 2005 - 7 : 00 P. M. PRESENT Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Naomi Strichartz, Gladys Varona-Lacey ABSENT : Norbert Nolte - excused Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Bill and Denise Pratt - Applicants Members of the Public Ames Brown, Roy Casterline, Ronda Roaring, Jim Houghton, Jodi Sterling, Ray Van de Bogart, Bill and Denise Pratt, Joseph and Johanna Husband Public Hearing Declared Open Supervisor Dietrich declared the Public Hearing open at 7 : 40 p . m . and read the following public hearing notice : PLEASE TAKE NOTICE, PLEASE TAKE NOTICE that the Town Board of the Town of Danby, Tompkins County, New York has scheduled a public hearing to be held on the 11 `h day of July, 2005 at 7 : 30 p .m . at the Town Hall, 1830 Danby Road, Ithaca, Hew York to consider a Petition Requesting Discontinuance of the Minimum Maintenance Designation of a 400 +/- ft . portion of Deputron Hollow Road, located northwest of the end of the current year-round portion of Deputron Hollow Road. Robert and Denise Thomas Pratt petitioners and owners of Danby Tax Parcel 12 . - 1 - 12 . All persons will be heard either in writing or in person . By Order of the Town Board Carol W . Sczepanski , Town Clerk Dated : June 24 Publish : June 27 Communications : Affidavit of publication Affidavit of Notice by Certified Mail Denise Pratt submitted described petition request to discontinue a portion of Deputron Hollow Road to the Board and public . She presented a map of the area and explained the property affected and said that they would like to build a year round home . She said that what it would require to get a building permit according to the Code Enforcement Officer is that the road be brought to some sort of code standards . They have met with a few construction people and a road engineer. They have approval from both adjacent property owners that some sort of construction can happen on the road . The Town of Danby Highway Superintendent has recommended a sixteen( 16) foot road. The estimates to date would be about $ 30,000 for a sixteen( 16) foot road. They could upgrade the road so that it could be plowed and have a corner of the property that could provide a substantial turn- around and the cost would be around $ 13 , 000 . Susan Beeners reported that the Highway Superintendents recommendation and informal consultation with an engineer is that the road should be sixteen( 16) feet with two(2) foot shoulders. Comments from the Public : 2 Public Hearing Minutes Pratt Petition - Deputron Hollow Road July 11 , 2005 Jim Houghton said that this project is not of concern to him . He would not like to see this start a trend to extend the road further in the future. Would like to see the Town do only what is necessary. Ronda Roaring- asked if this is the cart before the horse. Concerned that the Town would have to open up other roads . She wants the Town to preserve that hollow. Ray VanDeBogart - from the fiscal point of view - he has concern that we don ' t maintain the roads we have . We have a highway department that is maxed out . To add another section of road it is one more section to maintain. Is opposed to any addition to Town roads . Ted Jones asked where the low maintenance section ends . Public Hearing Declared Closed Supervisor Dietrich declared the public hearing closed at 8 : 10 p .m. dta&J Carol W. Sc p nski, Town Clerk phm-pratt-07- 11 . 05 Town Board Minutes July 11 , 2005 TOWN OF DANBY TOWN BOARD MINUTES JULY 11 , 2005 PRESENT Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Naomi Strichartz, Gladys Varona-Lacey ABSENT : Norbert Nolte - excused Others Present: Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public Ames Brown, Roy Casterline, Ronda Roaring, Jim Houghton, Jodi Sterling, Ray Van de Bogart, Bill and Denise Pratt, Joseph and Johanna Husband, Bill and Denise Pratt Supervisor Dietrich called the meeting to order at 8 : 10 p .m . and led all present to the Pledge of Allegiance to the American flag. Motion to Enter Into an Executive Session A motion was made by Councilperson Strichartz and seconded by Supervisor Dietrich that the Town Board of the Town of Danby enter into an executive session of the board to discuss a matter regarding acquisition of land by Tompkins County that has not been made public . A vote on the motion resulted as follows : Councilperson Nolte absent . Gagnon Nay Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Board Meeting Reconvened at 9 : 30 p. m. The regular meeting of the board reconvened at 9 : 30 p . m . NEW BUSINESS : Deputron Hollow Request - Public Hearing Supervisor Dietrich reported that the Highway Superintendent met with the Pratt ' s regarding their request to move a 500 foot stretch of Deputron Hollow Road from Low Volume/Minimum Maintenance status to year round status . He also has met with the Pratt ' s and their engineer. He is waiting for follow-up plans and cost estimates before a decision is brought back before the Town Board. The Board discussed Updike Road and Comfort Road that are located in the Town of Danby that were upgraded in the past . The discussion was regarding how wide the road must be to provide a sufficient access for emergency vehicles . There must be sufficient room for highway vehicles to turn around . The Code Enforcement Officer asked for authorization to consult with engineers regarding the possible Deputron Hollow road upgrade. Motion to Extend the Board Meeting A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Board meeting be extended to 10 : 00 p . m . A roll call vote on the motion resulted as follows : 2 Town Board Minutes July 11 , 2005 Councilperson Nolte absent Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Authorize the Code Enforcement Officer to Consult Engineer A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes the Code Enforcement Officer and the Highway Department Superintendent to consult with Dave Herrik regarding the potential upgrades for the extension of Deputron Hollow Road A roll call vote on the motion resulted as follows : Councilperson Nolte absent Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 55 OF 2005 AWARD OF BID FOR THE ONE AND ONE HALF TON TRUCK FOR THE HIGHWAY DEPARTMENT By Supervisor Dietrich : Seconded by Councilperson Strichartz WHEREAS , the Town of Danby Highway Superintendent advertised for sealed bids for the proposed purchase of a one and one half ton truck with plow equipment and combination dump spreader box for the Town of Danby Highway Department, and WHEREAS, sealed bids were received and opened at 4 : 00 p . m . on Wednesday, July 6, 2005 , and WHEREAS, the bids have been reviewed by the Highway Superintendent and by the Town Board of the Town of Danby, now, be it RESOLVED, that the Town Board of the Town of Danby awards the bid to Burr Truck & Trailer Sales. Inc . for their bid in the amount of $ $ 68 , 514 .27 . A roll call vote on the resolution resulted as follows : Councilperson Nolte absent Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 56 OF 2005 TRANSFER OF FUNDS FOR TOWN CLERK By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey WHEREAS, the Town Clerk has a youth worker in the Office of the Town Clerk on a very limited basis, and WHEREAS, the Town Clerk is seeking funds to continue the services of this youth worker for twelve( 12) hours per week through the month of August 2005 , now, be it RESOLVED, that the Town Board of the Town of Danby approves the transfer of $ 500 . 00 from A1410. 200 to A1410 . 113 for the purpose of continued services of the youth worker for the Town Clerk. A roll call vote on the resolution resulted as follows : Councilperson Nolte absent Gagnon Aye 3 Town Board Minutes July 11. , 2005 Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 57 OF 2005 ENDORSEMENT OF DANBY COMMUNITY PARK ASSOCIATION APPLICATION FOR NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (OPRHP) GRANT By Councilperson Gagnon : Seconded by Strichartz WHEREAS, the Danby Community Park Association is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located in the Hamlet of Danby, a site located within the territorial jurisdiction of this Town 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, by this body that the Town Board of the Town of Danby hereby does approve and endorse the application of the Danby Community Park Association for a grant under the Environmental Protection Fund for a park project known as Danby Park and located within this community. Discussion : Supervisor Dietrich said that we do not have a copy of the grant application but asked that the Town Board endorse the application. The Supervisor will request a copy of the application for our records . A roll call vote on the resolution resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Proposed Audit for Town Records The Supervisor reported that the bookkeeper has received three(3 ) quotes from auditing firms to supply an audit of Town records . Bookkeeper Ted Jones said that he has three quotes for audit that range from $2 , 800 for just a basic opinion on it to $ 7,000 for a more detailed opinion. He also has one quote for $4,000. There would be an additional $ 800 to audit the clerks accounts even though that is the responsibility of the Town Board and should be done at the first meeting of the year. For an additional $ 800 they will audit the Court accounts . Motion to Authorize Supervisor to Schedule an Opinion Audit A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board authorizes the Town Supervisor to proceed with an audit with the amount not to exceed $ 5 ,000 . A roll call vote on the motion resulted as follows : Councilperson Nolte absent Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Approval of Supervisor' s May Report A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that r { u � I y �) . . . _. _ i� _ . 4 Town Board Minutes July 11 , 2005 the Town Board of the Town of Danby approves the Town Supervisor' s report for May, 2005 as submitted. A roll call vote on the motion resulted as follows : Councilperson Nolte absent Gagnon Aye Strichartz Aye Varona-Lacey Aye Carried Approval of the Town Clerk' s June 2005 Report A motion was made by Supervisor Dietrich and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Town Clerk ' s report for June, 2005 as submitted. A roll call vote on the motion resulted as follows : Councilperson Nolte absent Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried APPROVAL OF WARRANTS : Approval of General Fund Warrant No. 7 of 2005 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby Town Board approves the General Fund Warrant No . 7 of 2005 in the amount of $4,084, 07 voucher numbers 301 -337 . A roll call vote on the motion resulted as follows : Councilperson Nolte absent Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Approval of Highway Fund Warrant No. 7 of 2005 A motion was made by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 7 of 2005 in the amount of $23 , 506 . 89 voucher numbers 82-94 . A roll call vote on the motion resulted as follows : Councilperson Nolte absent Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Councilperson Strichartz left the meeting at 10 : 05 p .m. Approval of the West Danby Water District Fund Warrant No. 7 2005 A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 7 of 2005 in the amount of $3 , 825 . 51 voucher numbers 25 -32 . A roll call vote on the motion resulted as follows : Councilperson Nolte absent Gagnon Aye Varona-Lacey Aye Dietrich Aye Carried 5 Town Board Minutes July 11 , 2005 Approval of Danby Fun Day Expenses - CD#7558.400 A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the expenses for the Danby Fun Day - CD Account No . 7558 . 400 in the amount of $999 . 32 . A roll call vote on the motion resulted as follows : Councilperson Nolte absent Gagnon Aye Varona-Lacey Aye Dietrich Aye Carried ADJOURNMENT On a motion the meeting adjourned at 10 : 10 p . m . aeiv‘ajenat441j Carol W. SiLejganski , Town Clerk min-7 - 11 -05