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Home My WebLink About2006-02-13 13 TOWN OF DANBY TOWN BOARD MINUTES FEBRUARY 13 , 2006 PRESENT : Supervisor Fredric Dietrich Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino , Gladys Varona-Lacey Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Roy Casterline - Water District Superintendent Andrew Thurnheer - Highway Superintendent Frank Proto - County Representative Members of the Public : Robert Roe, Sue Howe, George Blanchard, Kevin Fullagar, Ames Brown, Ross and Elaine Cortright, Jim Turk, Joe Schwartz, Al Becker, Joseph Husband, Anne Klingensmith Supervisor Dietrich called the meeting to order at 6 : 30 p .m . and led all present to the Pledge of Allegiance to the American flag . PRIVILEGE OF THE FLOOR Councilperson Salino asked the Supervisor if the Highway Superintendent ' s landing strip was going to affect Danby' s insurance liability. Supervisor Dietrich said that the Highway Superintendent will be here to do a report and the question should be asked of him . ADDITIONS TO THE AGENDA The Town Clerk asked that permission for the Town Clerk to attend the annual New York State Town Clerk ' s Association Conference in Saratoga Springs in April . I . Susan Beeners asked permission to add a resolution of expression of support for application of Danby Fun Day and Parade Committee for funding through the Tompkins County Community Celebrations Fund. No Board Member objected. Members of the Public Ames Brown - He would like to see the Agenda published in the newspaper and would like to see the town audit posted and all the previous audits . Al Becker - Objects to the Bonding Proposal issue . He said that we are buying into something we are not ready for. Our Old Town Highway Barn is in violation. Councilperson Nolte said that the Board is aware of problems at the Old Highway Barns and they are addressing that issue. Supervisor Dietrich reported that the Town has been working on a bond issue for three years on the Salt Shed Proposal and are working on doing something about the Old Town Barns . We have recommendations from the Highway Department on tonight ' s agenda. • REPORTS : County Representative Report County Representative Frank Proto reported that he has sent a letter to Senator Seward asking that he consider supporting funding. He said he has concern about the assessment cycle for Tompkins County properties . Under consideration is to change from one year assessments to three year assessments . EMC Robert Roe reported that the EMC met last week and held their organizational meeting for 2006. i4 , R 2 Highway Department Report Katy Walker submitted an amendment to the January Highway Report regarding the Old Town Barns . They are requesting permission to clean up the Old Town Barn Site : 1 ) Sell all salable scrap metals ; 2) Sell all salable items remaining on the site; 3 ) Dispose of all garbage/refuse ; 4) Store all items with future use for Danby Highway-purchase a tractor trailer box with proceeds of sale ; 5 ) Demolish building and use for fill at current highway department site . The Code Enforcement Officer said that she would like the items removed from the site. Councilperson Nolte said that maybe the building should be demolished . There would need to be an assessment of the building an assessment of building and site. Councilperson Beavers said that we should look at the possibility of selling the Old Town Barns building as it is instead of tearing it down. Montessori School Outing The Highway Superintendent has received a request from the Montessori School to provide a tour of the Highway Barns for their students . Supervisor Dietrich said that he would check with our insurance company to see if they needed to provide proof of insurance. Code Enforcement (Zoning) Office Report The January Code Enforcement Office report for January 2006 has been received. The Board reviewed the report . Planning Board Report : Robert Roe reported that the Planning Board met on January 19, 2006 and held a public hearing for the Raymond/Smith subdivision proposal that was approved . The Planning Board reviewed the Bailey Homes application for a Planned Development Zone proposed to be located on Muzzy Road and a request for subdivision. There are two (2) public hearings scheduled for the February meeting. Youth Recreation Partnership : Supervisor Dietrich said that the Youth Recreation Partnership is suffering from lack of quorum for them to conduct any business . Danby Community Council Danby Community Council has held their election of officers for 2006 . They now need to present the Town with an Agreement with the Town for this year. Beautification Committee Councilperson Varona-Lacey reported that the Beautification Committee has received confirmation that they will receive funds from Tompkins County Beautification Programs in the amount of $ 3 , 500 and possibly additional funds for up to $ 5 , 000 for a Town of Danby Beautification Proposal . The Committee requested $ 5 ,320 and have received confirmation of funding in the amount of $3 , 500 with the possibility of approval for up to $ 5 , 000 . Town Board approval of the grant is necessary. Supervisor Dietrich said that the Highway Department is considering hiring summer workers . They may be able to help with the maintenance of planters, etc . COMMUNICATIONS : Day Care & Child Development Council - request to use building. Letters of Neighborhood Notification - from Michael Hovanec regarding Bailey Homes Tompkins County Multi-Jurisdictional All-Hazard Mitigation Plan Task Force - Revised Draft, Summary of Proposed Subdivision Regulations Request to use Town Hall - Day Care & Child Development Council it 15 ;, 3 Town Board Minutes February 13 , 2006 The Town has received a request from the Day Care and Child Development Council of Tompkins County, Inc . To use the Town Hall on April 4 , 2006 from 5 : 30 p .m . to 9 : 30 p .m. A Certificate of Insurance has been provided . Motion to Approve Use of the Town Hall - Day Care & Child Development Council A motion was made by Supervisor Dietrich and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the request from Day Care & Child Development Council, Inc . to use the Town Hall facility on April 4 , 2006 from 5 : 30 p . m. to 9 : 30 p .m . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Multi-jurisdictional All Hazard Mitigation Plan Susan Beeners reported that the Board has received the information regarding the Multi- jurisdictional All Hazard Mitigation Plan and it asked the Town Board to consider adoption of the plan at their March meeting. OLD BUSINESS Round 2-A Subdivision Regulations Revisions The Board has received the recommendations from the Task Force for Round 2-A Subdivision Regulations Revisions . Councilperson Salino said he would like less than 15 acres for the permitting process for optional land division. Councilperson Nolte is in favor of streamlining the permitting process and that people receive information of how to plan future use of their property. RESOLUTION NO 23 OF 2006 MODIFYING RESOLUTION 31 OF 2004 WHICH CREATED A COMPREHENSIVE PLAN IMPLEMENTATION TASK FORCE By Supervisor Dietrich : Seconded by Councilperson Beavers WHEREAS, the Town Board of the Town of Danby by Resolution 31 of 2004 on February 9, 2004 created a Comprehensive Plan Implementation Task Force, and WHEREAS, the Town Board on January 2 , 2006 requested that the Task Force make recommendation to the Town Board on how that resolution might be modified ; NOW, THEREFORE, IT IS RESOLVED, that the Town Board hereby modifies Resolution No . 31 of 2004 and adopts the provisions which follow : Charge : The Comprehensive Plan Implementation Task force ("Task Force") shall continue, as a committee of the Town Board, and is charged as follows : 1 . To explore mechanisms for implementing the goals, objectives, and strategies of the Comprehensive Plan, especially but not only those related to land use; 2 . To develop specific proposals for recommendation to the Town Board and Planning Board for approval, but not for implementation unless so directed by the Town Board : - . 16 4 Town Board Minutes February 13 , 2006 3 . To focus primarily on land use regulations, reviewing current law and recommending changes (additions and deletions in existing law or adopting something new to supplement or replace existing law) to the Town Board and Planning Board that would better serve the Town in implementing the Comprehensive Plan and that would ensure consistency of land use regulations with the Comprehensive Plan. Procedural Instructions : 1 . Specific proposals developed by the Task Force will be transmitted simultaneously to the Town Board and the Planning Board in order to expedite the review process . 2 . Planning Board input will be sought for any such specific proposals, with the Town Board having authority for final approval . 3 . Project-specific subcommittees may be developed, with such subcommittees to be Town board approval . Membership : The Chair and Vice Chair shall be appointed annually by the Town Board, upon recommendation by the Task Force. Quorum: A minimum of five (5 ) voting members in attendance shall constitute a quarum for Task force meetings, not including subcommittee meetings . Voting : 1 . All Danby residents and property owners may vote at the Task Force meetings, provided that they have attended at least one of the previous two Task force meetings (not including any subcommittee meetings) . 2 . When voting to transmit any recommendation to the Town Board and Planning Board, a record of such vote shall be made. Notice of Meetings : All meetings of the Task Force and any of its subcommittees shall be open to the public and posted on the Town Calendar kept by the Town Clerk. Such meetings shall be announced in the Danby Area News when scheduling so permits . Support : Support for the Task force shall include a Secretary, assistance from the Code Enforcement Officer, and such other paid assistance as the Town Board agrees to make available . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 24 OF 2006 APPOINTMENTS OF A CHAIR, VICE CHAIR, AND SECRETARY FOR THE COMPREHENSIVE PLAN IMPLEMENTATION TASK FORCE By Supervisor Dietrich : Seconded by Councilperson Salino RESOLVED, that the Town Board of the Town of Danby hereby appoints Ray Van de Bogart as Chair, Joel Gagnon as Vice Chair, and Carol Sczepanski is retained as Secretary, for the Comprehensive Plan Implementation Task force for 2006 17 , 5 Town Board Minutes February 13 , 2006 A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye S alino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously I . The hourly pay for the secretary was approved at $ 12 . 00 per hour for service . RESOLUTION NO. 25 OF 2006 ACCEPTANCE OF ROADS AND EASEMENT FOR GENERAL MUNICIPAL PURPOSES, DANBY CMC DEVELOPMENT SUBDIVISION ; AND CONSIDER EXPRESSING INTENT TO CONSIDER ESTABLISHING A DRAINAGE DISTRICT FOR THE LANDS IN THAT SUBDIVISION By Councilperson Nolte : Seconded by Eugene Beavers WHEREAS, the Town Board of the Town of Danby by Resolution No . 54 of 2004 granted further acceptance of the proposed location and design of public roads, public stormwater management areas, drainage easements, and easement for general municipal purposes, as shown on the October 11 , 2004 plans for "Proposed Subdivision - CMC Development" notwithstanding subsequent requirements of project approval, and further subject to various conditions ; and WHEREAS, the public roads and stormwater management areas and drainage easements have been substantially completed to the satisfaction of the Town Highway Superintendent, Town Code Enforcement Officer, and the Town ' s Consulting Engineer retained on behalf of the Town, with a list of further completion items submitted by the Developer' s engineer having been reviewed and approved; NOW, THEREFORE , IT IS RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to accept, on behalf of the Town of Danby, the dedication of the roads in said subdivision, along with the easement for general municipal purposes near the westerly edge of Lots 17 and 18 , as shown on a survey map entitled "Preliminary Subdivision Plan for CMC Development, Town of Danby, Tompkins County, New York," dated August 24, 2004, prepared by Weiler Associates, a copy of which map was filed in the Tompkins County Clerk ' s Office on March 9, 2005 , in drawer JAR, 73 , and it is FURTHER RESOLVED, that the Town Supervisor upon consultation with the Town Attorney to execute related documents of conveyance and to execute a Maintenance and Hold Harmless Agreement obligating the developer to maintain the roads (except for snow and ice removal from travel ways which would be conducted by the Town) , for a 1 -year period following the recording of the dedication; and it is FURTHER RESOLVED , that such acceptance and authorization by the Town Board does not release the Developer from continued compliance with the relevant provisions of the Agreement between Danby CMC Development Company, Inc . , And the Town of Danby dated August 23 , 2004 ; and FURTHER, RELATED TO ESTABLISHMENT OF A DRAINAGE DISTRICT AT DANBY CMC DEVELOPMENT SUBDIVISION : WHEREAS , the Town Board has reviewed the February 3 , 2006 letter from the Developer' s Engineer related to certification of the roads and stormwater management practices at said subdivision, along with a list and schedule of ` action items ' to be completed; and 18 • 6 Town Board Minutes February 13 , 2006 WHEREAS, the Town. Board has reviewed the February 10, 2006 letter from the Town ' s Consulting Engineer recommending that the Town consider acceptance of the dedication of stormwater management facilities and related drainage easements upon the establishment of a drainage benefit district; and WHEREAS, the Town Board has reviewed the Developer' s Engineer' s cost estimate for maintenance of the Stormwater Management System and Schedule, which estimates a Total Annual cost of $ 3 ,050 . 00 for such maintenance, with such estimate currently pending review by the Town ' s Highway Superintendent and the Engineer retained on behalf of the Town, NOW, THEREFORE, IT IS RESOLVED, that the Town board of the Town of Danby hereby expresses its intent to proceed towards consideration of establishment of a Drainage district for the lands involved in Danby CMC Development Subdivision, with such possible establishment planned to occur prior to any conveyance of the Stormwater Management Areas and Easements to the town; and it is FURTHER RESOLVED, that the Town Board directs Town staff, the Town Attorney, and the Town' s Consulting Engineer to prepare the materials necessary for consideration of establishment of such a Drainage District, including but not necessarily limited to maps , plans, reports, and proposed resolutions ; and it is FURTHER RESOLVED, that the cost of preparation of the materials necessary for consideration of establishment of such a Drainage District shall be borne by the Developer, as provided in the Agreement between Danby CMC Development Company, Inc . , and the Town of Danby Dated August 23 , 2004 . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye S alino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Extend Meeting : A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Salino at 8 : 30 P . M . to extend the meeting to 9 : 00 P .M . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously PUBLIC PRIVILEGE OF THE FLOOR: Ames Brown - does not agree with assessments of properties every three years . The Town should have been putting money aside to construct the salt shed each year. Joe Husband - Do we assume that the Aquifer Study is still approximately $ 100,000 and has the Town looked into grants that may be available? Supervisor Dietrich said that we have asked Senator Seward for $ 30,000 for three years to off set the cost of the Aquifer Study. The cost to the Town is roughly one-quarter of the total cost. George Blanchard - has the Town looked into other sources of water in Danby? 19 ► . 7 Town Board Minutes February 13 , 2006 Supervisor Dietrich said that any other alternative water source that we want to explore for revitalization, he is convinced would have to be a study such as the aquifer study. Elaine Cortright - asked what is the purpose for a generator for the West Danby Water District. Roy Casterline reported that the generator was supposed to be incorporated and that a three-phrase hookup was to run to the water system when the West Danby Fire Department was built. 1 , Supervisor Dietrich said that the West Danby Fire Department is designated as an emergency shelter by the Red Cross . Danby Senior Citizen Agreement Motion to Authorize Supervisor to Sign the Danby Senior Citizen Agreement for 2006 A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich that the Town Board of the Town of Danby authorizes Supervisor Dietrich to sign the Danby Senior Citizen ' s Agreement for fiscal year 2006 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously NYS Parks Revocable License For Jennings Pond Motion to Authorize Supervisor to Sign Revocable License - Jennings Pond 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 sign the application for the NYS Parks, Recreation & Historic Preservation Revocable License. (Three year license). A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ASSIGNMENTS TO COMMITTEES AND PROJECTS CSEA Negotiations A motion was made by Councilperson Varona-Lacey and seconded by Supervisor Dietrich that Councilperson Salino and Councilperson Nolte be appointed to serve on the CSEA Negotiations with the Highway Department representatives . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Y Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Other Assignments : Motion to Approve Assignments A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby appoints the following persons, members and liaisons for the following assignments as listed : 20 8 Town Board Minutes February 13 , 2006 Time Warner Agreement - Supervisor Dietrich Highway Liaison - Councilperson Nolte Community Council - Councilperson Varona-Lacey Recreation Partnership - Supervisor Dietrich Fire Department Liaison - Councilperson Beavers All Hazard Mitigation Planning Group - Supervisor Dietrich and Councilperson Beavers EMC - Robert Roe Jennings Pond - Councilperson Varona-Lacey Municipal Officers Association Planning Committee - T-Cat Liaison - Kathy Halton A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 26 OF 2006 EXTENSION OF MAPPING PROJECT WITH TOMPKINS COUNTY, AS A PORTION OF THE GENERAL PLANNING SERVICES CONTRACT By Councilperson Beavers : Seconded by Councilperson Nolte WHEREAS, the Town Board in 2005 approved a contract with Tompkins County related to provision of mapping information related to the revisions to the Subdivision Regulations ; and WHEREAS, there is a need to continue such a contract with Tompkins County given various timing matters, NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby hereby approves continuance of the current mapping project with Tompkins County, as a portion of the current General Planning Services Contract in 2006 between the Town of the County. A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO 27 OF 2006 APPROVAL OF MAPPING SOFTWARE PURCHASE By Councilperson Nolte : Seconded by Councilperson Beavers RESOLVED, that the Town Board of the Town of Danby hereby approves the purchase of mapping software, ArcView 9 .x, for use in the mapping information related to the corrent Subdivision Regulations, in an amount not to exceed $ 1 , 350, with the source of said purchase to be from Comprehensive Plan Account A8020 .401 . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye 21 't 9 Town Board Minutes February 13 , 2006 Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO 28 OF 2006 AUTHORIZATION FOR CODE ENFORCEMENT TO ADVERTISE FOR PLANNING INTERN By Councilperson Nolte : Seconded by Councilperson Salino RESOLVED, that the Town Board of the Town of Danby hereby authorizes the Code Enforcement Officer to advertise for a temporary planning intern, to assist in initial use of mapping software, and to assist in drafting ofproposed legislative revisions, with the advertisement to be subject to approval by the Town Supervisor, and with the final appointment to be subject to Town Board approval . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Permission for Clerk to Attend the New York State Town Clerks Association (NYSTCA) Annual Conference A motion was made by Supervisor Dietrich and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the request of the Town Clerk to attend the 2006 NYS Town Clerks Association Conference in Saratoga Springs from April 23 - 26 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO 29 . OF 2006 EXPRESSION OF SUPPORT FOR APPLICATION OF DANBY FUN DAY AND PARADE COMMITTEE FOR FUNDS THROUGH THE TOMPKINS COUNTY COMMUNITY CELEBRATIONS FUND By Councilperson Nolte : Seconded by Councilperson Salino WHEREAS, the growing Danby Fun Day, Parade, and Barbecue is an essential event related to reinforcing the identity of Danby; and WHEREAS, there is a need to seek funding to continue to build this event, through the Tompkins County Community Celebrations Fund ; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby hereby expresses its support for the application of the Danby Fund Day and Parade Committee for funding of a portion of the event through the Tompkins County Community Celebrations Fund. A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously 22 10 Town Board Minutes February 13 , 2006 BEAUTIFICATION COMMITTEE APPLICATION FOR FUNDING APPROVAL A motion was made by Supervisor Dietrich and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves of the grant application for funding through Tompkins County for an amount of $ 3 , 500 with a possibility of funding up to $ 5 ,200 and authorizes Supervisor Dietrich to sign the agreement. A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously A s I royal for Hi 7hwa De s artment to Clean u , Old Town Barnes Site A motion was made by Supervisor Dietrich and seconded by Councilperson Nolte that the Town Board of the Town of Danby gives permission to the Danby Highway Department to dispose clean up the Old Town Barnes site by selling salable scrap metals, sell all salable items remaining on site and to dispose of all garbage/refuse. A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Extend Meeting A motion was made by Councilperson Nolte and seconded by Councilperson Salino at 9 : 00 p .m . that the Town Board of the Town of Danby extend the meeting to 9 : 15 p .m. A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of the Supervisors Report - December 2006 A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the December 2005 Town Supervisors report as submitted . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried Unanimously Approval of the Town Clerks Reprort-January 2006 A motion was made by Councilperson Nolte and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the Town Clerks report for January 2006 as 23 11 Town Board Minutes February 13 , 2006 submitted . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously APPROVAL OF WARRANTS General Fund Warrant No.2 of 2006 A motion was made by Councilperson Nolte and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the General Fund Warrant No . 2 in the amount of $ 13 ,413 . 77 voucher numbers 37 -90 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Fund Warrant No. 2 of 2006 A motion was made by Supervisor Dietrich and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 2 of 2006 in the amount of $29 , 641 .45 voucher numbers 9 - 30 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye S alino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously West Danby Water District Fund Warrant No. 2 of 2006 A motion was made by Supervisor Dietrich and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 2 of 2006 in the amount of $ 598 . 84 voucher numbers 5 - 9 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously CD7768 Account A motion was made by Councilperson Nolte and seconded by Councilperson Salino that the Town Board of the Town of Danby approve the expenditure for the Parade/Fun Day Grant Account CD7768 in the amount of $ 79 . 67 . A roll call vote on the motion resulted as follows : Beavers Aye I I I 24 • 12 Town Board Minutes February 13 , 2006 Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously TA - 86 Account ) A motion was made by Supervisor Dietrich and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the expenditure of $ 607 . 50 from the TA86 Account. A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously TA 88 Account A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the expenditure of $ 6 ,450 from the TA- 88 Account. A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously BOND RESOLUTION : Supervisor Dietrich presented the proposed Bond Resolution. RESOLUTION NO 30 OF 2006 BOND RESOLUTION OF THE TOWN OF DANBY, TOMPKINS COUNTY, NEW YORK, ADOPTED ON February 13 , 2006, AUTHORIZING VARIOUS PROJECTS IN AND FOR THE TOWN OF DANBY AT AN ESTIMATED MAXIMUM COST OF $512,004, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF UP TO $512 ,004 BOND ANTICIPATION NOTES AND SERIAL BONDS OF THE TOWN TO PAY THE COST OF THE PROJECTS WHEREAS, Section 220 of the Town Law of the State of New York empowers the Town Board of the Town of Danby, Tompkins County, New York (the "Town") to adopt a resolution subject to a permissive referendum (i) to purchase a new one ton Town Truck (the "Truck Purchase Project"), (ii) for the construction, alteration and remodeling of the Town ' s Highway Barn Roof (the "Highway Barn Roof Proj ect") , (iii) for the acquisition and construction of a Salt Barn and equip and furnish such building for such purposes (the " Salt Barn Project") , and (iv) for the acquisition or construction of electric lines for the benefit of a water district within the Town (the "Water District Electric Line Project") (the Truck Purchase Project, the Highway Barn Roof Project, the Salt Barn Project and the Water District Electric Line Project are hereinafter collectively referred to as the "Projects") ; and WHEREAS, the Town Board of the Town has determined that it is necessary for the Town to accomplish the Projects ; and WHEREAS , pursuant to Article 8 ofthe Environmental Conservation Law ofthe State ofNew York, as amended, and the regulations ofthe Department of Environmental Conservation of the State X25 13 Town Board Minutes February 13 , 2006 of New York promulgated thereunder (collectively referred to hereinafter as " SEQRA"), the Town is required to make a determination with respect to the environmental impact of any " action" (as defined by SEQRA) to be taken by the Town and the approval of this resolution constitutes such an action ; and WHEREAS , the Town (as defined by SEQRA) has reviewed the financing of the Projects, all to be financed with the proceeds of the bonds and notes authorized hereby and has determined that the Truck Purchase Project, the Highway Barn Roof Project and the Water District Electric Line Project are each " Type II Actions" (as defined by SEQRA) and therefore are not subject to review under SEQRA ; and WHEREAS , the Town has further determined that the Salt Barn Project is a "Type I Action" (as defined by SEQRA) and, following preparation of a long form Environmental Assessment Form ("EAF") , the Town, as lead agent, considered the Project, the EAF, together with the Town ' s knowledge of the area surrounding the Salt Barn Project, and following such further investigation of the Project and its potential environmental effects as the Town deemed appropriate the Town reviewed the Salt Barn Project against the criteria for determining significance contained in 6 NYCRR Part 617 and thereafter determined on September 12, 2005 that the Salt Barn Project will not result in an impact of the type illustrated in 6 NYCRR Section 617 . 7 or any other type of lsignificant environmental impact; and WHEREAS, the Town Board now desires to authorize the acquisition, construction and equipping of such Projects and the financing of the costs thereof NOW, THEREFORE BE IT RESOLVED ON FEBRUARY 13, 2006 BY THE TOWN BOARD OF THE TOWN OF DANBY, TOMPKINS COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Board), AS FOLLOWS : Section 1 . The purchase of the Town Truck and the purchase, construction, alteration and remodeling of the Town ' s Highway Barn Roof and Salt Barn, and the acquisition and construction of the Water District Electric Line Project in the Town of Danby, Tompkins County, New York, together with appurtenant facilities, including site improvement, original furnishings, equipment, machinery apparatus and other improvements incidental thereto, all as required for the purpose for which such equipment, buildings and facilities are to be used, at a maximum estimated cost of Five Hundred Twelve Thousand Four and 00/ 100 Dollars ($ 512 ,004) , including all professional costs, equipment, machinery and other necessary appurtenances and all other necessary costs incidental to such work which is estimated to be the total cost thereof, is hereby approved as follows : Town Truck Purchase Project $ 68 , 515 . 00 Highway Barn Roof Project $ 27 , 995 . 00 Salt Barn Project $397, 546 . 00 Water District Electric Line Project $ 17 ,948 . 00 Total Project Costs$ 512 ,004 . 00 Section 2 . The plan for the financing of the aforesaid specific object or purpose is by the issuance of up to Five Hundred Twelve Thousand Four and 00/ 100 Dollars ($ 512 , 004) , or such amount less than $ 512 ,004 as maybe necessary, of serial bonds or any bond anticipation notes in anticipation of the issuance and sale of the bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law and the levy of a tax to pay interest on said obligations . Section 3. The full faith and credit of the Town is hereby irrevocably pledged for the payment of the principal of and interest on the Bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years and such debt service payments maybe made in substantially level or declining amounts as may be authorized by law. [ . . I ��. Ali I y--. L, i_. I � � 1I 26 14 Town Board Minutes February 13 , 2006 Section 4. Pursuant to Sections 30 . 00, 50 . 00 and 56 . 00 to 60 . 00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell the serial bonds and any bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such .notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such lbonds or notes shall be of such form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law . Section 5. The Town Supervisor is hereby further authorized, at his sole discretion, to execute all agreements and instruments in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town. Section 6. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid bonds and/or notes without resorting to further action of this Town Board. Section 7. The following additional matters are hereby determined and declared : (a) Pursuant to subdivision (a) of paragraph 11 of Section 11 . 00 of the Local Finance Law, the weighted average period of probable usefulness of the Project is nineteen ( 19) years ; and (b) Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years . (d) The Town reasonably expects to reimburse itself for expenditures made for the Project from the proceeds of the bonds or notes herein authorized. (e) This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1 . 150-2 . Section 8 . Such bonds shall be in fully registered form and shall be signed in the name of the Town of Danby, Tompkins County, New York, by the manual or facsimile signature of the Town Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and maybe attested to by the manual or facsimile signature of the Town Clerk. Section 9. The Town hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the Town will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986 , as amended (the " Code"), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes . Section 10. All other matters, except as provided herein relating to such bonds , including determining whether to issue such bonds with a schedule of substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Town Supervisor, providing for the manual countersignature of a fiscal agent or of a designated Official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of 4. 27 15 Town Board Minutes February 13 , 2006 Section 70 . 00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent . Such bonds shall contain substantially the recital of validity clause provided for in Section 52 . 00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52 . 00 of the Local Finance Law, as the Town Treasurer shall determine. Section 11 . The law firm of Trespasz & Marquardt, LLP is hereby appointed bond counsel to the Town in relation to the issuance of the Bonds . Section 12 . The validity of such bonds and bond anticipation notes may be contested only if: ( 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or (3 ) Such obligations are authorized in violation of the provisions of the Constitution. Section 13 . This resolution shall be subject to permissive referendum and a summary hereof shall be published by the Town Clerk as provided by Town Law Section 90 . This Resolution shall become effective 30 days after its adoption pursuant to Section 91 of the Town Law. Following such effective date, in the event that no petition for a referendum was timely submitted and filed, the Town Clerk shall cause the publishing and posting of a notice in substantially the form provided in Section 81 . 00 of the Local Finance Law together with a summary of this Bond Resolution . Discussion : Councilperson Beavers said that he had done some research on salt shed facilities and that Lansing budgeting $ 160, 000 for building a salt barn (72X 130) . Coverall brand has been taken off the NYS Bid Sheet due to problems with the product . He would like to see the Board to take more time and do some more research. We are not the only locality without a salt barn . He does think we need a salt barn. Supervisor Dietrich said we do not have to spend all this money. Councilperson Nolte said that we are not committed to any of this and he would be very happy to move on it at this time. WHEREFORE, the foregoing Resolution was put to a vote of the members of the Town Board of the Town this 13th day of February, 2006 , the result of which vote was as follows : VOTING Fredric Dietrich, Supervisor Aye_ Gladys Varona-Lacey, Councilperson Aye Norbert Nolte, Councilperson Aye Eugene Beavers, Councilperson Nay Joseph Salino, Councilperson Nay Resolution Defeated Discussion for Amendments : Councilperson Nolte said that we are not committed to any of this and he would be very happy to move on it at this time . Susan Beeners suggested that the proposal for reducing the salt barn by eliminating last years 28 16 Town Board Minutes February 13 , 2006 engineering fee will and the fee of $4000 for the bonding attorney removed. Supervisor Dietrich said we do not have to spend all this money. Supervisor Dietrich asked the Board to consider removing the cost of the engineering fees from the Salt Storage Facility estimate and reducing the amount from to $397, 546 to $386,079 . Motion to Amend Resolution No. 30. A motion was made by Councilperson Nolte and seconded by Councilperson Beavers that the Town Board makes the following amendment to Resolution No. 30 to reduce the amount proposed of $ 397 , 546 to $ 386 ,079 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 31 , OF 2006 Amendment to Resolution No. 30 of 2006 By Councilperson Nolte : Seconded by Councilperson Beavers RESOLVED, that the Town Board of the Town of Danby removes the engineering costs from the salt shed facility in the, Bond Proposal for a total of $386,079 A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 32 OF 2006 SUGGESTION TO REMOVE HIGHWAY TRUCK FROM BOND By Councilperson' Beavers : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby removes the truck item from the bond reducing the bond amount to $432,022 . A roll call vote on the resolution resulted as follows : Beavers Nay Nolte Nay Salino Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 33 OF 2006 RESOLUTION NO. 30 OF 2006 AS AMENDED BOND RESOLUTION AS AMENDED - OF THE TOWN OF DANBY, TOMPKINS COUNTY, NEW YORK, ADOPTED ON February 13, 2006, AUTHORIZING VARIOUS PROJECTS IN AND FOR THE TOWN OF DANBY AT AN ESTIMATED MAXIMUM COST OF $500,537, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF UP TO $500,537 BOND ANTICIPATION NOTES AND SERIAL BONDS OF THE TOWN TO PAY THE COST OF THE PROJECTS t . 29 17 Town Board Minutes February 13 , 2006 By Councilperson Beavers : Seconded by Councilperson Nolte WHEREAS, Section 220 of the Town Law of the State of New York empowers the Town Board of the Town of Danby, Tompkins County, New York (the "Town") to adopt a resolution subject to a permissive referendum (i) to purchase a new one ton Town Truck (the "Truck Purchase Project") , (ii) for the construction, alteration and remodeling of the Town ' s Highway Barn Roof (the "Highway Barn Roof Project") , (iii) for the acquisition and construction of a Salt Barn and equip and furnish such building for such purposes (the "Salt Barn Project") , and (iv) for the acquisition or construction of electric lines for the benefit of a water district within the Town (the "Water District Electric Line Project") (the Truck Purchase Project, the Highway Barn Roof Project, the Salt Barn Project and the Water District Electric Line Project are hereinafter collectively referred to as the "Projects") ; and WHEREAS, the Town Board of the Town has determined that it is necessary for the Town to accomplish the Projects ; and WHEREAS , the Town has further determined that the Salt Barn Project is a "Type I Action" (as defined by SEQRA) and, following preparation of a long form Environmental Assessment Form ("EAF"), the Town, as lead agent, considered the Project, the EAF, together with the Town' s knowledge of the area surrounding the Salt Barn Project, and following such further investigation of the Project and its potential environmental effects as the Town deemed appropriate the Town reviewed the Salt Barn Project against the criteria for determining significance contained in 6 NYCRR Part 617 and thereafter determined on September 12 , 2005 that the Salt Barn Project will not result in an impact of the type illustrated in 6 NYCRR Section 617 . 7 or any other type of significant environmental impact; and WHEREAS, the Town Board now desires to authorize the acquisition, construction and equipping of such Projects and the financing of the costs thereof. NOW, THEREFORE BE IT RESOLVED ON FEBRUARY 13, 2006 BY THE TOWN BOARD OF THE TOWN OF DANBY, TOMPKINS COUNTY, NEW YORK (by favorable vote of not less than two thirds of said Board) , AS FOLLOWS : Section 1 . The purchase of the Town Truck and the purchase, construction, alteration and remodeling of the Town ' s Highway Barn Roof and Salt Barn, and the acquisition and construction of the Water District Electric Line Project in the Town of Danby, Tompkins County, New York, together with appurtenant facilities, including site improvement, original furnishings, equipment, machinery apparatus and other improvements incidental thereto, all as required for the purpose for which such equipment, buildings and facilities are to be used, at a maximum estimated cost of Five Hundred Thousand Five Hundred and Thirty Seven and 00/ 100 Dollars ($ 500, 537), including all professional costs, equipment, machinery and other necessary appurtenances and all other necessary costs incidental to such work which is estimated to be the total cost thereof, is hereby approved as follows : Town Truck Purchase Project $ 68 , 515 . 00 Highway Barn Roof Project $ 27 ,995 . 00 Salt Barn Project $386,079 . 00 Water District Electric Line Project $ 17,948 . 00 Total Project Costs $ 500, 537 . 00 Section 2. The plan for the financing of the aforesaid specific object or purpose is by the issuance of up to Five Hundred Thousand Five Hundred and Thirty Seven and 00/ 100 Dollars ($ 500,537), or such amount less than $ 500, 537 as may be necessary, of serial bonds or any bond anticipation notes in anticipation of the issuance and sale of the bonds of said Town, hereby authorized to be issued pursuant to the Local Finance Law and the levy of a tax to pay interest on said obligations. Section 3 . The full faith and credit of the Town is hereby irrevocably pledged for the a i i I • 30 18 Town Board Minutes February 13 , 2006 payment of the principal of and interest on the Bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years and such debt service payments maybe made in substantially level or declining amounts as may be authorized by law. • Section 4. Pursuant to Sections 30 . 00, 50 . 00 and 56 . 00 to 60 . 00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell the serial bonds and any bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such 'notes, is hereby delegated to the Town Supervisor, the chief fiscal officer. Such bonds or notes shall be of such form and contents, and shall be sold in such manner, as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law . Section 5. The Town Supervisor is hereby further authorized, at his sole discretion, to execute all agreements and instruments in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a bond, and/or note issue of said Town. Section 6. The intent of this resolution is to give the Town Supervisor sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid bonds and/or notes without resorting to further action of this Town Board. Section 7. The following additional matters are hereby determined and declared : (a) Pursuant to subdivision (a) of paragraph 11 of Section 11 . 00 of the Local Finance Law, the weighted average period of probable usefulness of the Project is nineteen ( 19) years ; and (b) Current funds are not required by the Local Finance Law to be provided prior to the issuance of the bonds and any notes issued in anticipation thereof authorized by this resolution; and • (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town reasonably expects to reimburse itself for expenditures made for the Project from the proceeds of the bonds or notes herein authorized. (e) This resolution is a declaration of official intent to reimburse for purposes of Treasury Regulation Section 1 . 150-2 . Section 8. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Danby, Tompkins County, New York, by the manual or facsimile signature of the Town Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and maybe attested to by the manual or facsimile signature of the Town Clerk. Section 9. The Town hereby covenants and agrees with the holders from time to time of the Bonds and any bond anticipation notes issued in anticipation of the sale of the Bonds, that the Town will faithfully observe and comply with all provisions of the Internal Revenue Code of 1986 , as amended (the " Code"), and any proposed or final regulations issued pursuant thereto unless, in the opinion of bond counsel, such compliance is not required by the Code and regulations to maintain the exclusion from gross income of interest on said obligations for federal income tax purposes. Section 10. All other matters, except as provided herein relating to such bonds , including determining whether to issue such bonds with a schedule of substantially level or declining annual debt service and all matters related thereto , prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds , appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Town Supervisor, providing for the manual countersignature of a fiscal agent or of a designated 31 ; . 19 Town Board Minutes February 13 , 2006 Official of the Town) , the date, denominations, maturities and interest payment dates , place or places of payment, and also including the consolidation with other issues , shall be determined by the Town Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70 . 00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52 . 00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52 . 00 of the Local Finance Law, as the Town Treasurer shall determine. Section 11 . The law firm of Trespasz & Marquardt, LLP is hereby appointed bond counsel to the Town in relation to the issuance of the Bonds. Section 12 . The validity of such bonds and bond anticipation notes maybe contested only if: ( 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13 . This resolution shall be subject to permissive referendum and a summary hereof shall be published by the Town Clerk as provided by Town Law Section 90 . This Resolution shall become effective 30 days after its adoption pursuant to Section 91 of the Town Law. Following such effective date, in the event that no petition for a referendum was timely submitted and filed, the Town Clerk shall cause the publishing and posting of a notice in substantially the form provided in Section 81 . 00 of the Local Finance Law together with a summary of this Bond Resolution . WHEREFORE, the foregoing Resolution was put to a vote of the members of the Town Board of the Town this 13th day of February, 2006, the result of which vote was as follows : VOTING Fredric Dietrich, Supervisor Aye_ Gladys Varona-Lacey, Councilperson Aye Norbert Nolte, Councilperson Aye Eugene Beavers, Councilperson Nay Joseph Salino, Councilperson Nay Resolution Defeated ADJOURNMENT On a motion the meeting adjourned at 9 : 45 p .m. Carol W. SczeppilseTown Clerk min-2 - 13 -06