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HomeMy WebLinkAbout2006-07-10 93 4. . 1 Town Board Minutes July 10, 2006 TOWN OF DANBY TOWN BOARD MINUTES JULY 10, 2006 PRESENT : Supervisor Dietrich Councilpersons : Eugene Beavers, Norbert Nolte, Gladys Varona-Lacey ABSENT : Councilperson Salino (Excused) Others Present : Carol Sczepanski- Town Clerk Frank Proto-County Representative Tracy White - Highway Department Secretary Susan Beeners - Code Enforcement Officer Roy Casterline-Water District Superintendent Ted Jones - Bookkeeper Laura Zaichbin- Ithaca Journal Reporter Members of the Public : Dan Klein, Ames Brown, Mary Casterline, Kathy and Bill Halton, Jonathan Fisk, Leslie Connors , Jane McLarty, Asher Hockett, John Smith, Joan and Roger Grant and others . Supervisor Dietrich called the meeting to order at 7 : 15 following interviews of persons interested in filling a vacancy on the Planning Board . He led all present to the Pledge of Allegiance to the American flag. ADDITIONS OR DELETIONS TO THE AGENDA 1 . Resolution from Highway Department - Permission for residents to pick up clean fill . 2 . Resolution and Petition from Bill and Kathy Halton - Withdrawal of troupes from Iraq Privilege of the Floor : The Town Clerk reported that representatives from the Board of Elections came to inspect the polling place and spaces for handicapped parking. There are issues that must be addressed before the September Primary. The front of the Town Hall can no longer be the entrance during elections as it is not totally handicapped accessible . The handicapped signs on the front of the building must be removed and replaced with larger signs on the office entrance. The parking lot must also have a surface and the handicapped spaces painted (outlined) . John Smith - representing the Danby Fire District addressed the Board. He gave a brief rundown of what was happening in the fire district . Both districts are now in compliance with OWHA. The Town has issues with the truck bay drains but have been cleared by the engineers and with the EPA and now have to work with the DEC . They are getting ready to start another budget cycle and they have submitted a grant for a new engine for a fire truck. They are in the preliminary design stage for modifications to the Danby Fire Station. Costs are funded by a grant which they received that covered the design stages . Councilperson Beavers asked John Smith to explain what NIMS and how it will effect the Town and the Town Board . NIMS is the National Incident Management System . The Governor of New York in 1996 mandated that all emergency services in the State would use a commander control system called "National Inter-Agency Incident Management System". In 2004 the Federal Government said that we would have a common incident system(NIMS) . If you are going to receive any Federal Preparedness Funds in 2007 you must demonstrate your compliance with the NIMS as of September 30 . This is an ongoing process . All of the fire department members must take two courses . In the case of an emergency the highest elected official in the Town becomes the instant manager and is also required 94 2 Town Board Minutes July 10, 2006 to be trained . All fire districts and towns must develop a plan so that they will be eligible for disaster funds . County Representative Report Representative Frank Proto reported the County has concern that the Bolton Point fees went up in 2004 . Cornell University, and the City would not pay the fees 2004 , 05 , and 06 as they were excessive . There has been a law suit and the judge has not yet ruled. Emergency Services Volunteer Exemption Tax Act - it proposes that anyone who is a volunteer would provide an exemption on training expenses on property tax . New York State is no requiring Planning Board Members to receive training. Privilege of the Floor Town of Danby Historian Joan Grant Town of Danby Historian reported that Tompkins County is developing a brochure of points of interest in each of the towns in Tompkins County to help encourage tourism . There would be a listing of ten( 10) spots in the Town advertized . The Historical Society is asking that the town donate $ 100 to show that Danby has an interest in tourism in Tompkins County. Ames Brown has been following newspapers regarding the northeast housing market. The pricing is declining and probably will continue to decline as interest rates rise . Everyone seems to be upset with increase in assessments and taxes when incomes are being reduced. Supervisor Dietrich reported that County Assessment Office was not pleased with the Town resolution regarding assessments and sent the Town a letter of disapproval . REPORTS : EMC - No report Highway Report - Written report received . Tracy White reported that she is seeking information for highway specifications . The Highway Department will be putting the water truck in the parade for the Danby Fun day and invited board members and residents to walk with the water truck. They are sending a resolution to the board for permission for residents to pick up clean fill at the highway department. Representative Proto responded to a comment made about assessments that assessments are based on 90% of their value. Zoning Officer' s Report - Monthly written report was received . Susan Beeners reported that she has spent most of the past month on the highway remediation project . Recreation Partnership - are discussing what it will mean to remaining townships if some of the towns back out of the partnership . Community Council - are planning three concerts for the near future . They have received $400 from United Way for Danby. There have been five (5 ) programs at Jennings Pond. They are selling Danby Buttons for the Danby Fun Day. Task Force - are continuing on a proposed Right-to-Farm Law . t. Senior Citizens •- The Danby Senior Citizens held their annual picnic at Jim Hatch ' s park in West Danby on July 6 and it was enjoyed by all . There will be no meeting in August. Highway Superintendent Report - Highway Superintendent Andrew Thurnheer reported that the highway department has been busy grading roads . (Michigan Hollow, Bald Hill, Comfort, Station and Old Comfort Roads) . A retainer has been put in around the gates at the highway entrance to discourage four wheelers from driving around the gate. COMMUNICATIONS RECEIVED Town Board Minutes - June 12 , 2006 and July 5 , 2006 . 95 ► 3 Town Board Minutes July 10, 2006 Withdrawal Notice - Bailey Homes Proposal for re-zoning. Copy of Noise Ordinance from the Town of Ithaca Petition and request for approval of a resolution - Requesting withdrawal of troops from Iraq . Lane ' s Automotive - Jim Lane reported that Michael Hovanec has withdrawn his proposal for re- zoning of the Lane ' s Automotive property. He would like to have the small adjacent property re- zoned to commercial and attached to his existing property. NEW BUSINESS : Possible Planning Board Appointment - Appointment deferred to a Special Meeting following the August Agenda Meeting on August 7 , 2006 . Request for BZA Fee Refund A fee was collected for the purpose of a BZA public hearing request for variance. The applicants withdrew the application . They are requesting the Town refund the fee. Susan Beeners suggested that only part of the fee should be refunded as part of the fee charges include processing of the application . Supervisor Dietrich will send a letter to the applicants explaining how to apply to the Town for a partial refund of $40 . 00 can be obtained . They must send in a voucher requesting a refund . Transfer of Funds for Deputy Clerk The Town Clerk has requested a transfer of funds to be placed into the Town Clerk Deputy Town Clerk account for an additional forty (40) hours . Additional hours are needed due to the many extra Town Board meetings as well as an increase in the overload of paper work. Motion to Transfer Funds for the Deputy Town Clerk A motion was made by Supervisor Dietrich and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the transfer $400 . 00 from account A1998 .400 (Contingency Account) to account A1420 . 110 . A vote on the motion resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Motion to Extend Meeting A motion was made by Councilperson Beavers and seconded by Councilperson Nolte that the Town Board of the Town of Danby extend the meeting to 9 : 00 p . m . A vote on the motion resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 69 OF 2006 APPROVAL FOR RESIDENTS TO PICKUP CLEAN FILL DIRT FROM THE HIGHWAY DEPARTMENT By: Councilperson Beavers : Seconded by Councilperson Nolte WHEREAS , the Town of Danby Highway Department will furnish clean fill dirt, available to DANBY residents for their personal use at the Town of Danby Highway Department at 93 Hornbrook Road, and WHEREAS, clean fill dirt is available for residents by pick up only and free of charge during , . .. _ _ 96 4 Town Board Minutes July 10, 2006 business hours at the Highway Department, and WHEREAS, the supply of clean fill dirt is limited and will be on a first come first serve basis, now therefore, be it RESOLVED, that the Town Board of the Town of Danby approves of the proposal for Danby residents to pick up clean fill dirt free of charge from the Town of Danby Highway Department at 93 Hornbrook Road during regular business hours . A roll call vote on the resolution resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Tompkins County Council of Governments - Proposed Resolution The Town Board reviewed a communication regarding the Tompkins County Council of Governments (TCCOG) which is an association of local governments asking the Town to approve of becoming a member. After a brief discussion the board deferred action to the August Agenda Meeting. PETITION AND PROPOSED RESOLUTION PRESENTED TO THE TOWN BOARD BY BILL AND KATHY HOLTON A petition was submitted to the Town Board by Bill and Kathy Halton for their consideration . The proposed resolution asks that the Town Board on behalf of the residents of Danby to urge our federal government to commence a withdrawal of U . S . military personnel and bases from Iraq . RESOLUTION NO . 70 OF 2006 URGING THE WITHDRAWAL OF U. S . MILITARY PERSONNEL AND BASES FROM IRAQ. By Councilperson. Nolte : Seconded by Councilperson Varona-Lacey WHEREAS, the Town of Danby and its citizens strongly support the men and women serving in the United States Armed Forces in Iraq and recognize the sacrifices that each of them is making ; and WHEREAS, the war and the occupation of Iraq : 1 ) have caused the deaths of over 2 , 500 and serious injury to over 19 ,000 of our young soldiers ; 2) have resulted in the deaths of tens of thousands of Iraqi civilians , and the devastation of Iraq ' s infrastructure ; 3 ) have created a training and recruitment ground for terrorists ; 4) have already cost more than $294 billion, of which the Tompkins County share is over $ 110 million, money that could be spent at home for education, health care and property tax relief; NOW BE IT RESOLVED, that the Town Board of the Town of Danby, New York, on behalf of the people of Danby, urges our federal government to commence a humane, orderly and comprehensive withdrawal of U . S . military personnel and bases from Iraq ; and be it FURTHER RESOLVED, that the Town Clerk. of the Town of Danby, New York send a copy of this resolution to the President of the United States and to each member of the New York State i Congressional delegation. Discussion : Supervisor Dietrich stated that he could not support this resolution and was proud to be among the members who said that we should not get into this war and the results were going to be devastating. Two wrongs do not make a right. Unless he is convinced that we have a plan to remove people from 97 5 Town Board Minutes July 10, 2006 harms way and not subject them to more pain he has to know that there is a plan in place and there are people who support it. He would then be willing to support a plan to move our troops home. Supervisor Varona-Lacey said that she agrees with the supervisor and thinks that pulling out our troops all of a sudden would be a real disaster as we have created more trouble in Iraq . She does not see that the resolution says immediate withdrawal but does say to commence a humane order of comprehensive withdrawal . There is not time frame suggested and we can start looking at it and she can support this resolution Councilperson Nolte that we continue to do this for probably all the wrong reasons . Our government said the same thing about Viet Nam and we can go visit there . Hopefully we ' ll be able to do that in Iraq soon. When do we say it ' s enough or how long it is going to take to heal the effects of this war. He supports this resolution. Councilperson Beavers agrees with what has been said and would like to see our troops come home too . He thinks that divided home front breeds more potential for terrorism. If we look back in history about all the wars we have been and people who thought we had a divided home front gives them doubt in the American resolve . He does not think the way to fix this is to be a divided home front but to elect out the government that has caused this problem . There is a right way to do this and there must be a plan for withdrawal and it must be made safe for our people who are there . Government fighting amongst themselves is not a way to solve this . He cannot support this resolution. Supervisor Dietrich said that discussion on this resolution is restricted to the Town Board and that privilege of the floor would be permitted at the end of the meeting. Motion to Defer Vote on Resolution 70 to the end of the Meeting A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Nolte to defer further discussion and vote on Resolution No . 70 to the end of the meeting to allow for public comment. The Town Board deferred vote on the resolution to the end of the business meeting. A roll call vote on the motion resulted as follows : ( Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Funds Approved for the Town Historian A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Nolte that the Town Board approves $ 100 . 00 (one-hundred) dollars for the Danby Town Historian as their contribution to the Historical Society for brochure with the funds to come out of Account A1990 . 400 (contingency account) . A roll call vote on the motion resulted as follows : ( Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Items for Discussion Highway Superintendent - should it be hired or elected position? Supervisor Dietrich would like to see the issue of whether this position should be appointed or elected go for a permissive referendum . 98 6 Town Board Minutes July 10, 2006 Councilperson Beavers said that from the Supervisor ' s suggestion that taking this position from an elected position to a appointed position is going to take the politics out of the position . He said he thinks that it will make the politics worse . It will not only strip the people of the privilege of voting as a political choice but you are telling them they are not smart enough to pick their own person. Councilperson Nolte said he would like to have more information on the size of towns and what Towns do well with appointed highway superintendent positions . Supervisor Dietrich said that residents in the town should be given the opportunity to ask the question . Further discussion will be at the August 7 , 2006 Agenda meeting. Motion to Extend Meeting A motion was made by Councilperson Beavers and seconded by Councilperson Nolte that the Town Board extends the meeting to 9 : 30 p . m . A roll call vote on the motion resulted as follows : ( Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Direction for the Task Force Councilperson Beavers said that he brought the issue for the Comprehensive Plan Task Force he was looking for as on our books there is a regulation in our zoning that allows for special permitted housing, i . e . elderly parents, sick persons etc . What we don ' t have is a way to regulate and enforce that regulation . In the past permits have been granted and they were not kept track of so that amnesty was permitted . What he would like is for the Board to do is to direct the Task Force to draft legislation so that when permits were issued that they would have to appear before to the Planning Board to make sure they were still in compliance with the terms of the permit . Motion to Direct the Comprehensive Plan Task Force to Draft Legislation for Temporary Housing Permits A motion was made by Councilperson Beavers and Seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby directs the Comprehensive Plan Task Force to advise the Town Board in the form of a resolution how the Town should deal with special permitting on second dwellings/special use buildings/grandparents in regards to the government and control of special permits . A roll call vote on the motion resulted as follows : (Councilperson Joseph Salino was absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Motion to Approve Supervisor' s June 2006 Reportb A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Supervisor ' s June 2006 report as submitted . A roll call vote on the motion resulted as follows : (Councilperson Joseph Salino was absent) Beavers Aye Nolte Aye - 99 7 Town Board Minutes July 10, 2006 Varona-Lacey Aye Dietrich Aye Carried Motion to Approve Town Clerk 's June 2006 Report A motion was made by Councilperson Beavers and seconded by Supervisor Dietrich to approve the Town Clerk' s June 2006 report as submitted . A roll call vote on the motion resulted as follows : (Councilperson Joseph Salino was absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried APPROVAL OF WARRANTS Approval of General Fund Warrant No. 7 of 2006 A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the General Fund Warrant No . 7 of 2006 in the amount of $7 , 709 . 83 vouchers 269 - 306 . . A roll call vote on the motion resulted as follows : (Councilperson Joseph Salino was absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Approval of the Highway Fund Warrant No. 7 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 Highway Fund Warrant No . 7 of 2005 in the amount of $ 10, 906 . 05 voucher numbers 102 - 109 . A roll call vote on the motion resulted as follows : (Councilperson Joseph Salino was absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Approval of the West Danby Water District Fund Warrant No. 7 of 2006 A motion was made by Councilperson Beavers and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 7 of 2006 in the amount of $ 834 . 09 vouchers 29-34 . A roll call vote on the motion resulted as follows : f (Councilperson Joseph Salino was absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Approval of The Parade/Fun Day Grant Account A motion was made by Supervisor Dietrich and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the expenditure from the Parade/Fun Day Grant Account A 7668 in the amount of $904 . 18 vouchers 001 - 003 . loo 8 Town Board Minutes July 10, 2006 A roll call vote on the motion resulted as follows : (Councilperson Joseph Salino was absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Privilege of the Floor Bill Halton thanked the Board for allowing him to submit his resolution and petition to the Board . He thinks that this is a very important issue . Ames Brown disagreed with Resolution No . 70 . Does not think that we should be involved with National issues that will further divide our country. Councilperson Beavers left the meeting at 9 : 20 . After comments and discussion between the residents and Town Board the Town Board Resolution No . 70 of 2006 was put to a vote . Roll Call Vote on Resolution No. 70 of 2006 RESOLUTION NO. 70 OF 2006 URGING THE WITHDRAWAL OF U. S. MILITARY PERSONNEL AND BASES FROM IRAQ. A roll call vote on the resolution resulted as follows : (Councilpersons Eugene Beavers and Joseph Salino were absent) Nolte Aye Varona-Lacey Aye Dietrich Aye Carried This Resolution was respectfully submitted to the Town Board of the Town of Danby for their consideration on behalf of 157 registered voters in Danby who signed a petition. In favor of this resolution. Adjournment On a motion the meeting adjourned at 9 : 30 p .m . le/We J2I r O,4441,1) Carol W . Sczepans twn Clerk min-7 - 10-06 � ! I i