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HomeMy WebLinkAbout2007_09_13 TB Meeting MinutesTOWN OF DANBY TOWN BOARD MINUTES SEPTEMBER 13, 2007 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 - West Danby Water District Superintendent Tracy White - Highway Department Secretary Robert Roe - Planning Board Chairperson Ted Jones - Town of Danby Bookkeeper Members of the Public: Mary Casterline, Todd McGill, Bill Fitzpatrick, John Augustine, Jr., Ted Crane, Roy Hunt, George Blanchard, Walt Deuenduscheh, Earnest and Frank Payton, Naomi Strichartz, Ross and Elaine Cortright, Bill Farrell, John Yostema, Leslie Connors, Ames Brown, Cindy Smith, Ronda Roaring, W. Lee Kraus, Ted Jones, Sanford Miller, Susan Wilcox Following a public hearing Supervisor Dietrich called the meeting to order at 8:30 p.m. and led all present to the Pledge of Allegiance to the American flag. Motion to Extend Meeting to 8:30 A motion was made by Councilperson Salino and seconded by Councilperson Beavers that the meeting be extended 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 Privile a of the Floor Ross Cortright of 53 Hillview Road in West Danby addressed the board. He said that they are experiencing a problem with their water system. He said that on several occasions they have experienced non potable water and brought a sample along. He said that if there is a problem that is outside the capability of the Water Superintendent to remedy that the Town Board give support with money or whatever is needed to get the water system back in working order. Ames Brown - he understands the town is in the process of buying a new truck. He thinks that the town should wait a few months to see where the economy is going to get interest rates to our advantage. 2 Town Board Minutes August 13, 2007 Supervisor Dietrich said that we are anticipating a lowering of interest rates. REPORTS: Hfi hwav Report Highway Department Secretary Tracy White reported that they have submitted a written report. Estimates have been obtained for the East Miller Road Project so that they can start it within the next week so that it can be finished. A portion of Lieb Road and West Jersey Hill Road were paved with oil and stone. Mowing is still going on along the roadways. Several pieces of equipment have been repaired and they are continuing with to deal with the Highway Remediation Project. Regarding the truck purchase the cab and chassis is in the process where it can be delivered by September 20. An amendment to the Agreement to Spend Highway Funds has been submitted for the Town Board to sign. Councilperson Beavers said that we must make a decision of how the funding of the truck will be obtained. Supervisor Dietrich added discussion of highway truck funding to the agenda. Zoning and Code Enforcement Report Written report received for July and gave a brief summary. Susan reported on the Planning Board Agenda for August meeting and they must make decisions about training for the board. Aquifer study is progressing Beautification Committee Naomi Strichartz reported that they are waiting for notification from the County and the amount of funding available to Danby. Recreation Partnership Supervisor Dietrich reported that the Recreation Partnership Agreement has been referred back to the Committee. Community Council No Report. Supervisor Dietrich requested that their budget proposal for 2008 be submitted. Danbv Senior Citizens Carol Sczepanski reported that the Danby Senior Citizens do not meet in August. The seniors went on a boat trip on the Erie Canal in August. Dog Control Supervisor Dietrich reported that the ASPCA is requesting a large increase in their contracts with the Towns. All the towns in Tompkins County are working on new contracts. The County wants to do a unified service agreement where all the towns buy into the process. r 3 Town Board Minutes August 13, 2007 DEMPC Councilperson Beavers reported that the DEMPC will have a meeting September 22 at 6:00. P.M He was able to consult with John Smith and he has taken back lead on our surveys and compiling a team to digest the information we have. The next meeting will be dedicated to setting up a phone tree and service people. COMMUNICATIONS Tompkins County Planning Department report for Subdivision Regulations Letter from resident regarding large events at the American Legion and Common Ground - traffic, noise (Supervisor has responded to resident in writing.) Town Court - request for Supervisor to sign grant application. Special Meeting Minutes of August 5 accepted as written. OLD BUSINESS Consideration of Pron_ osed Local Law No. 4 - Amendin* the Subdivision Regulations of the Town of Danby RESOLUTION NO. 64 OF 2007 ENACTMENT OF A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK BY RECLASSIFYING CERTAIN LAND DIVISIONS AND SUBDIVISIONS MODIFYING PROCEDURES RELATED TO SUCH LAND DIVISIONS AND SUBDIVISIONS AND INCORPORATING STANDARDS AND GUIDELINES SET FORTH IN THE STATE ENVIRONMENTAL CONSERVATION REVIEW ACT By Councilperson Nolte: Seconded by Councilperson Beavers WHEREAS, this action is to Consider Enactment of a Local Law Amending the Subdivision Regulations of the Town of Danby, New York by Reclassifying Certain Land Divisions and Subdivisions, Modifying Procedures Related to Such Land Divisions and Subdivisions and Incorporating Standards and Guidelines Set Forth in the State Environmental Conservation Review Act; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review, with the Planning Board of the Town of Danby an involved agency; and WHEREAS, the proposed local law was referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and -m; and that Department responded on 8/13/07 that it had determined that the revised proposal as submitted has no negative inter -community or county -wide impacts; and 4 Town Board Minutes August 13, 2007 WHEREAS, the Town Board of the Town of Danby on August 13, 2007 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town ofDanby, acting as Legal Agency in environmental review of this Type I action, hereby makes a negative determination of environmental significance; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number 4 of 2007, entitled "A Local Law Amending the Subdivision Regulations of the Town of Danby, New York by Reclassifying Certain Land Divisions and Subdivisions, Modifying Procedures Related to Such Land Divisions and Subdivisions and Incorporating Standards and Guidelines Set Forth in the State Environmental Conservation Review Act", a copy of which is attached hereto and made a part of this Resolution; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby file a report with the Tompkins County Department of Planning within thirty(30) days hereof, reporting on the final action taken by the Town Board with respect to Local Law 4 of 2007; and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law into minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. Discussion on SEQORA and proposed Local Law. Supervisor Dietrich said that the board could table it, pass it or reject it. If we reject it, it will go back for further review and another public hearing would need to be scheduled. Susan Beeners reported to the Town Board that their options were to pass it or reject it and specifically request that specific changes be made and then schedule a public hearing. Susan reviewed the SEQORA with the Town Board and stands by her original recommendation. Councilperson Varona-Lacey feels that when we were discussing these changes. We disregarded the work of the Task Force Committee and that of the Planning Board. They made a point of creating some type of consensus and feels it was a compromise. Councilperson Beavers said that he worked on the Task Force for over a year and checked the attendance records. What was nearly sixty members and over the last eight months it averaged only twelve on the committee. He stated that he did not dissolve the Task Force as it takes a board vote. Councilperson Nolte said that there are a lot of residents in Danby who may not come to a meeting 5 Town Board Minutes August 13, 2007 and do not share our opinion. He said that we need to listen to everyone. This is a compromise and this is an issue where we can negotiate. He is willing to vote for these changes. Supervisor Dietrich said that when the SEQORA was looked at as a whole and believes it was based on the previous break down of land use and not the current. A roll call vote on the resolution resulted as follows: Beavers Aye Nolte Aye Salino Aye Varona-Lacey Nay Dietrich Nay Carried West Danbv Water District RESOLUTION NO.65 OF 2007 ESTABLISHING A POLICY FOR EXTENSION OF WATER SERVICE FROM THE WEST DANBY WATER DISTRICT By Councilperson Beavers: Seconded by Supervisor Dietrich WHEREAS, by resolution of the Town Board of the Town of Danby on June 19, 1967 the Town voted to establish a public water supply system for the benefit of certain properties within the Town of Danby, which properties are more particularly described in such resolution and are shown on a survey map entitled "West Danby Water District, Town of Danby, Tompkins County, New York," prepared by T.G. Miller, P.C. and dated March, 1967, which map is on file at the Town Clerk's Office, and which properties collectively constitute the West Danby Water District; and WHEREAS, as of the date of this resolution, there exist approximately eight (8) tax parcels within the Town of Danby that are each located partially within and partially outside of the boundaries of the West Danby Water District; and WHEREAS, the Town has determined that the amount of water available to the West Danby Water District is sufficient to permit extension of water service to any or all of such split parcels without causing any water shortage or insufficiency for properties wholly within the water district; and WHEREAS, the Town wishes to implement a uniform policy for extension of water service from the West Danby water system to the split parcels within the Town so that such connections are made in a way that is fair to the Town and to owners of property wholly within the West Danby Water District as well as to owners of split parcels; and NOW, THEREFORE IT IS RESOLVED, that effective August 13, 2007, the Town of Danby shall allow service connections from the West Danby Water District to extend to those portions of property located outside of the Water District, 6 Town Board Minutes August 13, 2007 provided those portions of property, as off the effective date of this resolution, are part a single tax parcel that is located partially within and partially outside of the West Danby Water District and subject to and contingent upon the property owner's agreement to the following listed terms and conditions: 1. The owner of such property shall pay water rents or charges at the same rate applicable to all other customers within the West Danby Water District, and shall pay such rents or charges at the same time and in the same manner as all other customers. 2. The property shall be separately assessed and separate taxable values assigned to that portion of the property within the West Danby Water District and that portion outside the Water District, and the sum of the in -district assessed value and out -of -district assessed value shall equal the total assessed value of the entire property (which entire property is a single tax parcel), and the owner of such property shall agree to pay the water district charges for debt service and any future capital improvements in the following manner: a. For the in -district portion of the property, the water district charges shall be chargeable against the in -district assessed value, at the rate established from time to time by the Town of Danby and appearing on the annual Town and County tax bill under the heading, "West Danby Water" (or such other heading(s) as the Town of Danby may determine). b. For the out -of -district portion of the property, the owner of such property shall agree to pay an annual rental fee to the Town of Danby for connection to the water system, which rental fee shall be intended to cover debt service and future capital expenses and shall be equal to the water district charges which would be chargeable against the out -of -district assessed value if this out -of -district land were located within the water district. The owner of such property at their own expense and subject to the supervision and approval of the Water Department of the Town of Danby, shall make connection to the water system in the manner prescribed by such Water Department, and all connections to the water system shall be made to existing water mains and system infrastructure. After final inspection and acceptance of the connection by the Water Department, the West Danby Water District will assume ownership and maintenance responsibilities for that portion of the connection from the West Danby water main up to and including the curb stop, and the property owner shall maintain the service line from the curb stop to his/her dwelling and shall also be responsible for and shall maintain the equipment and attachments thereto. 4. The owner of such property agrees that the Town of Danby acting through its employees and/or agents, may enter upon the property during ordinary business hours in order to reach the water meter(s), to cause inspection of any pipe(s) on the property connected to the water system and to make any repairs deemed necessary by the Water Department of the Town of Danby. Upon the direction of the Water Department, the property owner at his/her own expense shall replace any such pipe(s) or repair any leak(s) to the satisfaction of the Water Department. In the event that the property owner fails to make such replacement or repair, the Town of Danby acting through its employees and/or agents shall be authorized to complete the replacement/repair work, and the Town shall thereafter be authorized to assess all costs and expenses incurred by the Town in connection with such replacement/repair work against the property in question, to be collected at the same time and in the same manner as the Town taxes. 7 Town Board Minutes August 13, 2007 5_ The owner of such property shall agree to extend water service only to one single family residence located on the property and, at property owner's choosing, to outbuildings associated with this residence, such as a shed or garage, and the owner of such property shall further agree that extension shall not be made to any more than one single family residence or to any commercial building or facility on the property. 6. The owner of such property shall agree, for themselves and their successors and assigns in title, that if any future subdivision of the property is undertaken by the property owner, that only the original parent parcel shall be eligible for water service and the property owner shall agree, for themselves and their successors and assigns in title, never to subdivide his/her land in such a way as to separate the in -district portion of the property from the improved portion of the out -of -district property. 7. The owner of such property agrees to abide by all policies, rules, regulations and restrictions applicable to customers within the West Danby Water District, whether now in existence or later enacted by the Town and/or Water Department. 8. The owner of such property agrees, for themselves and their successors and assigns in title, that if a petition is circulated which would include his/her property in an action to extend the West Danby Water District, then the property owner will sign such petition. 9. The owner of such property agrees to enter an agreement with the Town, prior to connecting to the Water System, to affirm the owner's intention to comply with and be bound by the above stated terms and conditions, and to make clear that such terms and conditions run with the land and shall bind the property owner's successors, heirs and assigns. RESOLVED, that the permitting connection to the West Danby water system by any or all of the split parcels within the Town of Danby will not reduce the supply of water such that it is insufficient for the properties located wholly within the Water District. RESOLVED, that any property located wholly outside of the West Danby Water District as of August 13, 2007 shall not be eligible for connection to the West Danby water system, and such property shall not become eligible for connection to the water system in the future by consolidation with tax parcel(s) located within the Water District. A roll call vote on the resolution resulted as follows: Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye RESOLUTION NO. 66 OF 2007 Carried Unanimously PERMITTING EXTENSION OF WATER SERVICE FROM THE WEST DANBY WATER DISTRICT TO THE LAND OF SHANE AND JULIE SPENCER IN THE TOWN OF DANBY Town Board Minutes August 13, 2007 Councilperson Beavers: Seconded by Councilperson Nolte WHEREAS, the Shane and Julie Spencer are the owners of a certain parcel of vacant land on Brown Road in the Town of Danby, Tompkins County, New York, consisting of 98.73 acres of land and known as Tax Parcel No. 16.4-24.21, of which approximately 5.8 acres is located within the West Danby Water District, and the remaining portion of the Property consisting of 92.93 acres, is located outside of the Water District; and WHEREAS, the Spencers are desirous of constructing a single family residence on a portion of their property outside of the West Danby Water District and connecting such residence to the water system servicing the Water District; and NOW, THEREFORE IT IS RESOLVED, that the Town of Danby shall allow the Spencers to extend a service connection from the West Danby Water District to a residence built of a portion of their property located outside of the Water District, subject to and contingent upon the Spencer's agreement to the following listed terms and conditions: 1. The Spencers shall pay water rents or charges at the same rate applicable to all other customers within the West Danby Water District, and shall pay such rents or charges at the same time and in the same manner as all other customers. 2. The Spencers' property shall be separately assessed and separate taxable values assigned to that portion of the property within the West Danby Water District and that portion outside the Water District, and the sum of the in -district assessed value and out -of -district assessed value shall equal the total assessed value of the entire property (which entire property is a single tax parcel), and the Spencers shall agree to pay the water district charges for debt service and any future capital improvements in the following manner: a. For the in -district portion of their property, the water district charges shall be chargeable against the in -district assessed value, at the rate established from time to time by the Town of Danby and appearing on the annual Town and County tax bill under the heading, "West Danby Water" (or such other heading(s) as the Town of Danby may determine). b. For the out -of -district portion of their property, the Spencers shall agree to pay an annual rental fee to the Town of Danby for connection to the water system, which rental fee shall be intended to cover debt service and future capital expenses and shall be equal to the water district charges which would be chargeable against the out -of -district assessed value if this out -of -district land were located within the water district. 3. The Spencers at their own expense and subject to the supervision and approval of the Water Department of the Town of Danby, shall make connection to the water system in the manner prescribed by such Water Department, and all connections to the water system shall be made to existing water mains and system infrastructure. After final inspection and acceptance of the connection by the Water Department, the West Danby Water District will assume ownership and maintenance responsibilities for that portion of the connection from the West Danby water main up to and including the curb stop, and the Spencers shall maintain the service line from the curb stop to their dwelling and shall also be responsible for and shall maintain the equipment and attachments i 0 thereto. Town Board Minutes August 13, 2007 4. The Spencers agree that the Town of Danby acting through its employees and/or agents, may enter upon their property during ordinary business hours in order to reach the water meter(s), to cause inspection of any pipe(s) on the property connected to the water system and to make any repairs deemed necessary by the Water Department of the Town of Danby. Upon the direction of the Water Department, the Spencers, at their own expense, shall replace any such pipe(s) or repair any leak(s) to the satisfaction of the Water Department. In the event that the Spencers fail to make such replacement or repair, the Town of Danby acting through its employees and/or agents shall be authorized to complete the replacement/repair work, and the Town shall thereafter be authorized to assess all costs and expenses incurred by the Town in connection with such replacement/repair work against the Spencers' property, to be collected at the same time and in the same manner as the Town taxes. 5. The Spencers shall agree to extend water service only to one single family residence located on their property and, at their choosing, to outbuildings associated with this residence, such as a shed or garage, and the Spencers shall further agree that extension shall not be made to any more than one single family residence or to any commercial building or facility on the property. 6. The Spencers shall agree, for themselves and their successors and assigns in title, that if any future subdivision of the property is undertaken that only the original parent parcel shall be eligible for water service and the Spencers shall agree, for themselves and their successors and assigns in title, never to subdivide their land in such a way as to separate the in -district portion of the property from the improved portion of the out -of -district property. 7. The Spencers agree to abide by all policies, rules, regulations and restrictions applicable to customers within the West Danby Water District, whether now in existence or later enacted by the Town and/or Water Department. 8. The Spencers agree, for themselves and their successors and assigns in title, that if a petition is circulated which would include their property in an action to extend the West Danby Water District, then the Spencers will sign such petition. 9. The Spencers agree to enter an agreement with the Town, prior to connecting to the Water System, to affirm their intention to comply with and be bound by the above stated terms and conditions, and to make clear that such terms and conditions run with the land and shall bind their successors, heirs and assigns. A roll call vote on the resolution resulted as follows Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously 10 Town Board Minutes August 13, 2007 Generator for West Danbv Water District Councilperson Beavers reported that an electrician has done a low test on the Fire Station and the Water District and is in the process ofputting together a specification sheet for materials so that they can obtain competitive bids. He will be presenting a unified package to the board soon. Aquifer Studv Update Susan Beeners said that she has submitted a letter to the Danby Community Park Committee regarding using their property as a test drilling site. The sites have not been chosen at this time. Time Warner Cable Supervisor Dietrich reported that the Town needs to acknowledge that we are operating on an extension. We need to have a franchise agreement and options are being explored at this time. Motion to Extend Meeting A motion was made by Councilperson Salino and seconded by Supervisor Dietrich that the Town Board extend the meeting to 10:10 p.m. A roll call vote on to motion resulted as follows. Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Financing of the New Highwav Truck Councilperson Beavers said that the board has discussed the truck financing options with the bookkeeper. He does not see how we can pay for this with cash reserves. He thought we were looking at a five(5) year lease to purchase and would like to see options for funding. Councilperson Salino said that he thought that we were going to take a later delivery so that the funds could be included in the 2008 budget. The bookkeeper said that the Highway Superintendent had already ordered the truck and it was going to be delivered in October. We will have to make a first payment in 2008 if we do a lease to purchase. He described options for financing the highway truck to the board. No approval was made at this time. RESOLUTION NO 67 OF 2007 APPROVAL OF CURTIS ROAD 2007 "TOWN PROJECT" AND APPROVAL OF MODIFICATIONS TO `AGREEMENT TO SPEND TOWN HIGHWAY FUNDS - 2007' By Supervisor Dietrich and seconded by Councilperson Nolte WHEREAS, the Town Board of the Town of Danby has reviewed various materials related to the "Curtis Road 2007 Town Project", which project involves, on Curtis Road south of Hill Road the following: A. Realignment of a Portion of Curtis Road, r 11 Town Board Minutes August 13, 2007 B. Additional turnaround Opposite the Tompkins County Tower Site, and C. Change in Surfacing on the Minimum -Maintenance (Seasonal) Portion of Curtis Road south of the Tower Site, and WHEREAS, this project is an Unlisted Action for which the Town Board is Lead Agency in environmental review, NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Unlisted Action, makes a negative determination of environmental significance, and it is FURTHER RESOLVED, that the Town Board of the Town of Danby approves modification of the March 12, 2007 "Agreement to Spend Town Highway Funds - 2007" as shown in `Exhibit A' as provided by the Town Highway Department, and attached as part of this Resolution; and it is FURTHER RESOLVED, that the funding of the "Curtis Road 2007 Town Project" shall be from Account(s) DA5112.400 (CHIPS) and DA5110.400 (General Repairs Contractual), with the cost of this project not to exceed $32,100.00(CHIPS) & $9000.00 (General Repairs). Discussion: Councilperson Beavers said that this is terrible and wants to make sure everybody knows how much extra money this cost the town by the Highway Superintendent doing this project: ie surveys, legal fees to re-establish the boundaries ofthe road, NYSEG for repositioning their poles to be on the map. He is not happy with it. Supervisor Dietrich said that we had the County section of the Road and the Towns. The Towns section was not surveyed. A roll call vote on the resolution resulted as follows Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Abstained Carried Water Samnling of Town Hall Water Annroved A motion was made by Supervisor Dietrich and seconded by Councilperson Beavers to approve of water sampling of the Town Hall water well. A roll call vote on the motion resulted as follows Beavers Aye 12 Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Town Board Minutes August 13, 2007 Carried Unanimously APPROVAL OF REPORTS AND WARRANTS Supervisor's Julv Report A motion was made by Councilperson Nolte and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the Town Supervisor's July 2007 report as submitted. A roll call vote on the motion resulted as follows: Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried Town Clerk's July Report A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the Town Clerk's July 2007 report as submitted. A roll call vote on the motion resulted as follows: Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously General Fund Warrant No. 8 of 2007 A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the General Fund Warrant in the amount of $9598.04 vouchers numbered from 321- 351. A roll call vote on the motion resulted as follows: Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Hsi hwav Fund Warrant No. 8 of 2007 A motion was made by Councilperson Nolte and seconded by Councilperson Beavers that the Town of Danby approves the Highway Fund Warrant No. 8 of 2007 in the amount of $42,307.74. vouchers numbered from 106- 119. 13 A roll call vote on the motion resulted as follows: Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Town Board Minutes August 13, 2007 Carried Unanimously West Danbv Water District Fund Warrant No. 8 of 2007 A motion was made by the Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No. 8 of 2007 in the amount of $1,431.04 vouchers numbered 35-41. A roll call vote on the motion resulted as follows: Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye ADJOURNMENT: On a motion the meeting adjourned at 10:30 p.m. min-8-13-07 Carried Unanimously 4, Town Clerk Carol W. Sczep ,