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HomeMy WebLinkAbout2005-09-12 TOWN OF DANBY TOWN BOARD MINUTES SEPTEMBER 12, 2005 PRESENT : Supervisor Ric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona Lacey Others Present : David Herrick - Engineer - T . G . Millers Carol Sczepanski - Town Clerk Sue Beeners - Code Enforcement Officer Roy Casterline - West Danby Water Dist. Superintendent Sue Howe - Highway Department Secretary Ted Jones - Bookkeeper Members of the Public : Ronda Roaring, John VanDeMark, Ames Brown, Joseph Husband, Richard Ehrhardt, Ramona Ehrhardt, Bud Dolch, Deborah Keil , Paul Moore Supervisor Ric Dietrich opened the meeting at 7 : 02 p . m . and led all present in the Pledge of Allegiance to the American Flag. Aquifer Study Information Supervisor Dietrich reported that David Herrick an engineer from T . G. Millers is here to answer questions about the nature of an aquifer study. The Town of Danby has contemplated a proposal for an aquifer study with the cost for the study shared by the Federal Government, Tompkins County and the Town of Danby. Mr. Herrick has been asked to come to the Town to answer questions from the Board and public regarding the nature of the proposed study. Susan Beeners referred to the maps that show where the aquifers in the Town of Danby are located. Tompkins County and USGS have asked if the Town would like to share in the cost of an aquifer study. Dave Herrick from T . G. Miller ' s said that he has been involved with the Town of Newfield for several years working on a water system . Aquifers can be fickle and very significantly. He suggested that the Town pursue opportunity for valuable information that supports some understanding of what a municipal supply could provide. In reviewing the scope in the proposal that was put together by USGS and Tompkins County it lacks vital information to considering any possible ground water source, that is the development of a municipal scaled well . There are eight wells proposed in this program to be drilled throughout the aquifer. He said that from a technical engineering prospective thinks that having a production well that municipal scaled could be a future municipal supply. Dave Herrick discussed the advantages of an aquifer study and answered questions from the Board and public . Mr. Herrick said that some sections of the original proposal for a water study should be modified . Supervisor Dietrich said that it what is most important aspect is to trying to understand what lies under the Town ' s subsurface and to get a reasonable idea of what and how it functions . If we are going to invest a lot of time and energy he would like to have some idea of the cost . ADDITIONS OR DELETIONS TO AGENDA 1 ) Add Under Old Business - Schedule Public Information Meeting 2) Add SEQR for the Salt Storage Facility at Highway Barns Olsefski Road Abandonment Supervisor Dietrich reported that Attorney Daniel Hoffman would like to speak to the Board about the status of the Olsefski Road Abandonment issue. ': :.?+ E e 14. . t fi . 2 Town Board Minutes September 12 , 2005 Attorney Hoffman said that he represents Priscilla Wilkins who owns property on Olsfeski Road that was purchased twenty-two (22) years ago . He gave the background of the property and that she was unaware of the restrictions on that property. There is no reference in her deed to the road abandonment. Susan Beeners said that even if the road is abandoned she still maintains a right-of-way and has the right of access . Councilperson Nolte said that he would like to see a survey of the property as there is not enough information to make a decision tonight . Supervisor Dietrich said that the board would take this information under advisement and further consideration will be addressed at the October Agenda Meeting of the Board. Motion to Postpone Consideration of Olsfeski Road Abandonment A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby postpones consideration of the Olsfeski Road Abandonment to the October Agenda Meeting. PRIVILEGE OF THE FLOOR Carol Sczepanski , Town Clerk reported : 1 ) that her office would be closed on Wednesday, September 28 , 2005 for most of the day so that she can attend a State Archives Workshop in Binghamton; 2) there will be a public hearing by Tompkins County Health Department on open burning on September 19 , 2005 at 7 : 00 p .m . REPORTS : Highway Report August 2005 - received Zoning Office Report - August 2005 - received Community Council Councilperson Strichartz reported that Community Council budget has a surplus and have been advised to spend down. Community Council has a very complicated budget. They are looking for proposals from the community to hire youth and some adults . There was funding but no applicants . Senior Citizens Carol Sczepanski reported that the Senior Citizens held their meeting on Thursday, September 1 , 2005 with forty- four (44) in attendance. A program was presented by Betsy Shimerhorn from Lifeline on the Medicare Prescription Program . A trip is scheduled for Wednesday, September 28 , 2005 to Alexandria Bay. RESOLUTION NO. 64 OF 2005 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 PORTION OF HILLTOP ROAD DEEMED ABANDONED PURSUANT TO NEW YORK STATE HIGHWAY LAW ARTICLE 8, SECTION 2025, OPARAGRAPH 1 ; AND RATIFYING THE ABANDONMENT OF SUCH ROAD PORTION By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey WHEREAS , Article 8 Section 205 Paragraph 1 of the New York State Highway Law relating to uTown Highways, provides that every highway that shall not have been traveled or used as a highway for six(6) years shall cease to be a highway, and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file, and cause to be recorded in the Town Clerk ' s office of the Town a written description signed by him, and by said Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued ; and WHEREAS, the highway under consideration is described as follows : That abandoned portion of Hilltop Road which begins approximately 1776 feet west of the 3 Town Board Minutes September 12 , 2005 intersection of Hilltop Road with the centerline of Jersey Hill Road, and which portion thence runs west to its intersection with the Town of Danby Town of Newfield town line. WHEREAS , the Town of Danby Town Board has determined that such matter is ministerial pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 "Providing for Environmental Review of Actions in the Town of Danby", but is reviewing the matter as an Unlisted Action, with the Town Board acting as Lead Agency in environmental review and with no other involved agencies ; and WHEREAS, the Town of Danby Town Board has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement Officer; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this matter, which has been treated . as an Unlisted Action, accepts the draft Short Environmental Assessment Form and recommendation as presented, and makes a negative determination of environmental significance for this action. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye RESOLUTION NO. 65 OF 2005 CONSENTING TO THE FILING, BY THE TOWN OF DANBY HIGHWAY SUPERINTENDENT, OF A DESCRIPTION OF A PORTION OF HILLTOP ROAD DEEMED ABANDONED PURSUANT TO NEW YORK STATE HIGHWAY LAW ARTICLE 8, SECTION 205, OPARAGRAPH 1 ; AND RATIFYING THE ABANDONMENT OF SAID ROAD PORTION By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways , provides that every highway that shall not have been traveled or used as a highway for six (6) years shall cease to be a highway, and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file, and cause to be recorded in the Town Clerk ' s office of the Town a written description, signed by him, and by said Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued ; and WHEREAS, the Town of Danby Highway Superintendent has determined that the highway described herein has not been opened and worked, or traveled, used, or maintained as a highway in substantially longer than six (6) years ; and WHEREAS , the Town of Danby Town Board on August 11 , 2003 has reviewed the draft written description of said highway deemed abandoned as presented by the Town Highway Superintendent, with such highway more particularly described as follows : That abandoned portion of Hilltop Road which begins approximately 1776 feet west of the intersection of Hilltop Road with the centerline of Jersey Hill Road, and which portion thence runs west to its intersection with the Town of Danby/Town of Newfield town line; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby hereby ratifies the abandonment of said highway; and it is RESOLVED, that the Town Board of the Town of Danby hereby confirms and accepts the : ( :? y x b i �` • t,4' I a a 4 Town Board Minutes September 12 , 2005 determination of the Town ofDanby Highway Superintendent that said highway has not been opened and worked, or traveled, used, or maintained as a highway in substantially longer than six (6) years ; and it is FURTHER RESOLVED, that the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of Danby said written description of said highway deemed abandoned; and it is FURTHER RESOLVED, that this Resolution shall constitute the written consent of a majority of the Town Board. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye Update on Auditors Bookkeeper Ted Jones submitted information to the Board on information of the upcoming audit. RETURN OF WEST DANBY WATER DISTRICT RE-LEVIED TAXES TO WATER DISTRICT ACCOUNT Councilperson Gagnon requested that funds received for re-levied water bills on tax rolls be returned to the West Danby Water District account for the years of 1999 to 2004 . RESOLUTION NO. 66 OF 2005 TRANSFER OF FUNDS FOR WEST DANBY WATER TAXES RELIEVED FROM 1999 TO 2004 By Councilperson Gagnon: Seconded by Supervisor Dietrich WHEREAS , West Danby Water District over-due water bills are levied on the Town and County tax bills, and WHEREAS, these funds are put into the Town of Danby General Fund; now be it RESOLVED, that the Town Board of the Town of Danby transfers $ 13 , 197 from the General Fund Balance to the West Danby Water District account SW8320 . 200 for the purpose of paying bills for the water system, and; be it FURTHER RESOLVED , that the Town Board of the Town ofDanby uses funds from unpaid water bills that were relieved on Town and County Tax Rolls from 1999 to 2004 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye Town of Danby Property - Deputron Hollow There appears to be a parcel missing on the Tompkins County Assessment Records . The Town of Danby purchased two(2) parcels in 1928 but there appears to be only one remaining. What happened to the other parcel? T . G. Miller will be contacted for an estimate for obtaining an abstract and survey 5 Town Board Minutes September 12 , 2005 RESOLUTION NO. 67 OF 2005 TOWN OF DANBY HIGHWAY DEPARTMENT SALT STORAGE BUILDING SEORA DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS , this Action is to consider authorizing the construction of, and the financing for, a Salt Storage Building and associated stormwater management improvements at the Town of Danby Highway Department, located at 93 Hornbrook Road, Town of Danby Tax Parcel No . 10 . - 1 - 82 . 1 ; and WHEREAS , the Town Board of the Town of Danby is legislatively determined to act as Lead Agency in environmental review of this Type I action; the Town of Danby Planning Board is legislatively determined to act as lead agency in environmental review with respect to an application for a Special Permit for the facility and improvements as a Type I action; and the Town of Danby Board of Zoning Appeals is legislatively determined to act as lead agency in environmental review with respect to an application for a Variance of the maximum 36- foot height required in the Town of Danby Zoning Ordinance as a Type I Action; and WHEREAS, the Tompkins County Department of Planning is an interested agency with respect to review of the application for Special Permit and the application for a Variance pursuant to General Municipal Law Sections 239-1 and -m ; and WHEREAS, the Town Board of the Town of Danby has reviewed the draft SEQRA Full Environmental Assessment Form and the recommendation of the Code Enforcement that a negative determination of environmental significance for this Type I action; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review with respect to the consideration of authorizing the construction of and the financing for, a Salt Storage Building and Associated stormwater management improvements, a Type I action, hereby accepts the draft SEQRA Full Environmental Assessment Form and recommendation; and hereby makes a negative determination of environmental significance for this action. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye The Board discussed the proposed salt storage facility, stormwater run off, apron, drainage and cost estimates . Public Information Meeting Scheduled - Revisions to Subdivision Regulations A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby schedules a Public Information Meeting for Monday, October 17, 2005 at 7 : 00 p .m. for a presentation and conceptual framework for the open space preservation plan. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye Aquifer Study Proposal Susan Beeners said that the Town Board of the Town of Danby would be committing themselves j ;: . 4 za 6 Town Board Minutes September 12 , 2005 to a four(4) year project if the aquifer study is approved . Councilperson Nolte said that he feels that the federal government should pick up more of the cost. Supervisor Dietrich said that Senator Seward is willing to include expenses of $ 30,000 for the aquifer study expenses if the Town applies . Councilperson Nolte said that he doesn ' t know who is going t develop central Danby in general would rather see the money go into legal fees and do some sort of toxic study. Motion to Approve in Concept - Aquifer Study in the Town of Danby By Councilperson Strichartz : Seconded by Councilperson Nolte That the Town of Danby Town Boards is committed in concept to participating in an aquifer study contingent upon developing language making the proposal appropriate for the Town of Danby and is to include modification of the scope related to targeting a well for possible public supply and is subject to the budgeting process . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Approval of Supervisor' s July and August Reports A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the July and August 2005 Supervisor' s Reports 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 the Town Clerk' s Report - August 2005 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the August 2005 Town Clerk' s report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich APPROVAL OF WARRANTS General Fund Warrant No. 9 of 2005 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 9 of 2005 in the amount of $ 9,248 . 22 voucher numbers 388 -436 . A roll call vote on the motion resulted as follows : 7 Town Board Minutes September 12 , 2005 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Highway Fund Warrant No. 9 of 2005 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 . 9 of 2005 in the amount of $47 ,258 . 85 voucher numbers 113 - 131 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich West Danby Water District Fund Warrant No. 9 of 2005 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 9 of 2005 in the amount of $ 537 . 50 voucher numbers 38 -44 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Trust and Agency Account (CMC Project) A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the Trust and Agency Account (CMC Project) in the amount of $ 637 . 50 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich CD Accounts No. CD 7668.400 and CD7410.400 A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves account No . CD7668 . 400 in the amount of$422 . 69 and account CD 7410 . 400 in the amount of $ 50 . 03 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich • t a � 1 . .. I I, c. , I . i 9 � i I it I . III I 8 Town Board Minutes September 12 , 2005 Adjournment On a motion the meeting adjourned at 10 : 00 p . m . Carried Unanimously Carol W . Sczepa i Town Clerk min-9- 12 -05 TOWN OF DANBY TOWN BOARD MINUTES SEPTEMBER 12 , 2005 PRESENT : Supervisor Ric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona Lacey Others Present: David Herrick - Engineer - T . G. Millers Carol Sczepanski - Town Clerk Sue Beeners - Code Enforcement Officer Roy Casterline - West Danby Water Dist . Superintendent Sue Howe - Highway Department Secretary Ted Jones - Bookkeeper Members of the Public : Ronda Roaring, John VanDeMark, Ames Brown, Joseph Husband, Richard Ehrhardt, Ramona Ehrhardt, Bud Dolch, Deborah Keil, Paul Moore Supervisor Ric Dietrich opened the meeting at 7 : 02 p .m . and led all present in the Pledge of Allegiance to the American Flag. Aquifer Study Information Supervisor Dietrich reported that David Herrick an engineer from T. G. Millers is here to answer questions about the nature of an aquifer study. The Town of Danby has contemplated a proposal for an aquifer study with the cost for the study shared by the Federal Government, Tompkins County and the Town of Danby. Mr. Herrick has been asked to come to the Town to answer questions from the Board and public regarding the nature of the proposed study. Susan Beeners referred to the maps that show where the aquifers in the Town of Danby are located. Tompkins County and USGS have asked if the Town would like to share in the cost of an aquifer study. Dave Herrick from T . G. Miller' s said that he has been involved with the Town of Newfield for several years working on a water system. Aquifers can be fickle and very significantly. He suggested that the Town pursue opportunity for valuable information that supports some understanding of what a municipal supply could provide. In reviewing the scope in the proposal that was put together by USGS and Tompkins County it lacks vital information to considering any possible ground water source, that is the development of a municipal scaled well . There are eight wells proposed in this program to be drilled throughout the aquifer. He said that from a technical engineering prospective thinks that having a production well that municipal scaled could be a future municipal supply. Dave Herrick discussed the advantages of an aquifer study and answered questions from the Board and public . Mr. Herrick said that some sections of the original proposal for a water study should be modified. Supervisor Dietrich said that it what is most important aspect is to trying to understand what lies under the Town ' s subsurface and to get a reasonable idea of what and how it functions . If we are going to invest a lot of time and energy he would like to have some idea of the cost. ADDITIONS OR DELETIONS TO AGENDA 1 ) Add Under Old Business - Schedule Public Information Meeting 2) Add SEQR for the Salt Storage Facility at Highway Barns Olsefski Road Abandonment Supervisor Dietrich reported that Attorney Daniel Hoffman would like to speak to the Board about the status of the Olsefski Road Abandonment issue. 2 Town Board Minutes September 12 , 2005 Attorney Hoffman said that he represents Priscilla Wilkins who owns property on Olsfeski Road that was purchased twenty-two (22) years ago . He gave the background of the property and that she was unaware of the restrictions on that property. There is no reference in her deed to the road abandonment. Susan Beeners said that even if the road is abandoned she still maintains a right-of-way and has the right of access . Councilperson Nolte said that he would like to see a survey of the property as there is not enough information to make a decision tonight. Supervisor Dietrich said that the board would take this information under advisement and further consideration will be addressed at the October Agenda Meeting of the Board . Motion to Postpone Consideration of Olsfeski Road Abandonment A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby postpones consideration of the Olsfeski Road Abandonment to the October Agenda Meeting. PRIVILEGE OF THE FLOOR Carol Sczepanski, Town Clerk reported : 1 ) that her office would be closed on Wednesday, September 28, 2005 for most of the day so that she can attend a State Archives Workshop in Binghamton; 2) there will be a public hearing by Tompkins County Health Department on open burning on September 19, 2005 at 7 : 00 p .m . REPORTS : Highway Report August 2005 - received Zoning Office Report - August 2005 - received Community Council Councilperson Strichartz reported that Community Council budget has a surplus and have been advised to spend down. Community Council has a very complicated budget . They are looking for proposals from the community to hire youth and some adults . There was funding but no applicants . Senior Citizens Carol Sczepanski reported that the Senior Citizens held their meeting on Thursday, September 1 , 2005 with forty-four (44) in attendance . A program was presented by Betsy Shimerhorn from Lifeline on the Medicare Prescription Program. A trip is scheduled for Wednesday, September 28 , 2005 to Alexandria Bay. RESOLUTION NO. 64 OF 2005 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 PORTION OF HILLTOP ROAD DEEMED ABANDONED PURSUANT TO NEW YORK STATE HIGHWAY LAW ARTICLE 8, SECTION 2025, OPARAGRAPH 1 ; AND RATIFYING THE ABANDONMENT OF SUCH ROAD PORTION By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey WHEREAS, Article 8 Section 205 Paragraph 1 of the New York State Highway Law relating to uTown Highways, provides that every highway that shall not have been traveled or used as a highway for six(6) years shall cease to be a highway, and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file, and cause to be recorded in the Town Clerk ' s office of the Town a written description signed by him, and by said Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued; and WHEREAS, the highway under consideration is described as follows : That abandoned portion of Hilltop Road which begins approximately 1776 feet west of the 3 Town Board Minutes September 12 , 2005 intersection of Hilltop Road with the centerline of Jersey Hill Road, and which portion thence runs west to its intersection with the Town of Danby Town of Newfield town line. WHEREAS, the Town of Danby Town Board has determined that such matter is ministerial pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 "Providing for Environmental Review of Actions in the Town. of Danby", but is reviewing the matter as an Unlisted Action, with the Town Board acting as Lead Agency in environmental review and with no other involved agencies ; and WHEREAS , the Town of Danby Town Board has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement Officer; NOW, THEREFORE , IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this matter, which has been treated as an Unlisted Action, accepts the draft Short Environmental Assessment Form and recommendation as presented, and makes a negative determination of environmental significance for this action. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye RESOLUTION NO. 65 OF 2005 CONSENTING TO THE FILING, BY THE TOWN OF DANBY HIGHWAY SUPERINTENDENT, OF A DESCRIPTION OF A PORTION OF HILLTOP ROAD DEEMED ABANDONED PURSUANT TO NEW YORK STATE HIGHWAY LAW ARTICLE 8, SECTION 205, OPARAGRAPH 1 ; AND RATIFYING THE ABANDONMENT OF SAID ROAD PORTION By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways , provides that every highway that shall not have been traveled or used as a highway for six (6) years shall cease to be a highway, and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file, and cause to be recorded in the Town Clerk ' s office of the Town a written description, signed by him, and by said Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued; and WHEREAS, the Town of Danby Highway Superintendent has determined that the highway described herein has not been opened and worked, or traveled, used, or maintained as a highway in substantially longer than six (6) years ; and WHEREAS, the Town of Danby Town Board on August 11 , 2003 has reviewed the draft written description of said highway deemed abandoned as presented by the Town Highway Superintendent, with such highway more particularly described as follows : That abandoned portion of Hilltop Road which begins approximately 1776 feet west of the intersection of Hilltop Road with the centerline of Jersey Hill Road, and which portion thence runs west to its intersection with the Town of Danby/Town of Newfield town line ; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby hereby ratifies the abandonment of said highway; and it is RESOLVED, that the Town Board of the Town of Danby hereby confirms and accepts the • . , 4 Town Board Minutes September 12 , 2005 determination of the Town of Danby Highway Superintendent that said highway has not been opened and worked, or traveled, used, or maintained as a highway in substantially longer than six (6) years ; and it is FURTHER RESOLVED, that the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of Danby said written description of said highway deemed abandoned; and it is FURTHER RESOLVED, that this Resolution shall constitute the written consent of a majority of the Town Board. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye Update on Auditors Bookkeeper Ted Jones submitted information to the Board on information of the upcoming audit . RETURN OF WEST DANBY WATER DISTRICT RE-LEVIED TAXES TO WATER DISTRICT ACCOUNT Councilperson Gagnon requested that funds received for re- levied water bills on tax rolls be returned to the West Danby Water District account for the years of 1999 to 2004 . RESOLUTION NO. 66 OF 2005 TRANSFER OF FUNDS FOR WEST DANBY WATER TAXES RELIEVED FROM 1999 TO 2004 By Councilperson Gagnon : Seconded by Supervisor Dietrich WHEREAS, West Danby Water District over-due water bills are levied on the Town and County tax bills, and WHEREAS, these funds are put into the Town of Danby General Fund ; now be it RESOLVED, that the Town Board of the Town of Danby transfers $ 13 , 197 from the General Fund Balance to the West Danby Water District account SW8320 . 200 for the purpose of paying bills for the water system, and; be it FURTHER RESOLVED , that the Town Board of the Town ofDanby uses funds from unpaid water bills that were relieved on Town and County Tax Rolls from 1999 to 2004 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye Town of Danby Property - Deputron Hollow There appears to be a parcel missing on the Tompkins County Assessment Records. The Town of Danby purchased two(2) parcels in 1928 but there appears to be only one remaining. What happened to the other parcel? T . G. Miller will be contacted for an estimate for obtaining an abstract and survey 5 Town Board Minutes September 12 , 2005 RESOLUTION NO. 67 OF 2005 TOWN OF DANBY HIGHWAY DEPARTMENT SALT STORAGE BUILDING SEORA DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, this Action is to consider authorizing the construction of, and the financing for, a Salt Storage Building and associated stormwater management improvements at the Town of Danby Highway Department, located at 93 Hornbrook Road, Town of Danby Tax Parcel No . 10. - 1 - 82 . 1 ; and WHEREAS , the Town Board of the Town of Danby is legislatively determined to act as Lead Agency in environmental review of this Type I action ; the Town of Danby Planning Board is legislatively determined to act as lead agency in environmental review with respect to an application for a Special Permit for the facility and improvements as a Type I action ; and the Town of Danby Board of Zoning Appeals is legislatively determined to act as lead agency in environmental review with respect to an application for a Variance of the maximum 36- foot height required in the Town of Danby Zoning Ordinance as a Type I Action; and WHEREAS, the Tompkins County Department of Planning is an interested agency with respect to review of the application for Special Permit and the application for a Variance pursuant to General Municipal Law Sections 239-1 and -m ; and WHEREAS, the Town Board of the Town of Danby has reviewed the draft SEQRA Full Environmental Assessment Form and the recommendation of the Code Enforcement that a negative determination of environmental significance for this Type I action ; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review with respect to the consideration of authorizing the construction of, and the financing for, a Salt Storage Building and Associated stormwater management improvements, a Type I action, hereby accepts the draft SEQRA Full Environmental Assessment Form and recommendation; and hereby makes a negative determination of environmental significance for this action . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye The Board discussed the proposed salt storage facility, stormwater run off, apron, drainage and cost estimates . Public Information Meeting Scheduled - Revisions to Subdivision Regulations A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby schedules a Public Information Meeting for Monday, October 17 , 2005 at 7 : 00 p .m . for a presentation and conceptual framework for the open space preservation plan. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye Aquifer Study Proposal Susan Beeners said that the Town Board of the Town of Danby would be committing themselves 6 Town Board Minutes September 12 , 2005 to a four(4) year project if the aquifer study is approved. Councilperson Nolte said that he feels that the federal government should pick up more of the cost. Supervisor Dietrich said that Senator Seward is willing to include expenses of $ 30,000 for the aquifer study expenses if the Town applies . Councilperson Nolte said that he doesn ' t know who is going t develop central Danby in general would rather see the money go into legal fees and do some sort of toxic study. Motion to Approve in Concept - Aquifer Study in the Town of Danby By Councilperson Strichartz : Seconded by Councilperson Nolte That the Town of Danby Town Boards is committed in concept to participating in an aquifer study contingent upon developing language making the proposal appropriate for the Town of Danby and is to include modification of the scope related to targeting a well for possible public supply and is subject to the budgeting process . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Approval of Supervisor' s July and August Reports A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the July and August 2005 Supervisor ' s Reports 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 the Town Clerk' s Report - August 2005 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the August 2005 Town Clerk ' s report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich APPROVAL OF WARRANTS General Fund Warrant No. 9 of 2005 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 9 of 2005 in the amount of $9 ,248 .22 voucher numbers 388 -436 . A roll call vote on the motion resulted as follows : 7 Town Board Minutes September 12 , 2005 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Highway Fund Warrant No. 9 of 2005 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 . 9 of 2005 in the amount of $47 ,258 . 85 voucher numbers 113 - 131 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich West Danby Water District Fund Warrant No. 9 of 2005 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 9 of 2005 in the amount of $ 537 . 50 voucher numbers 38 -44 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Trust and Agency Account (CMC Project) A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the Trust and Agency Account (CMC Project) in the amount of $ 637 . 50 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich CD Accounts No. CD 7668.400 and CD7410.400 A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves account No . CD7668 . 400 in the amount of $422 . 69 and account CD 7410 .400 in the amount of $ 50 . 03 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich 1 a : . 8 Town Board Minutes September 12 , 2005 Adjournment On a motion the meeting adjourned at 10 : 00 p .m . Carried Unanimously (L4o/ ) , In QiAY Carol W. Sczepansk:! Prawn Clerk min-9 - 12-05