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HomeMy WebLinkAbout1998-04-13 872 Town Board Minutes 1 April 13 , 1998 TOWN OF DANBY TOWN BOARD MINUTES APRIL 13 , 1998 PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present : Carol Sczepanski - Town Clerk Highway Superintendent - William Hall Code Enforcement Officer - Susan Beeners County Youth Programs Representative - Janice Johnson Members of the Public : Judy VanDermark, Josephina Griffin, Mary & Roy Casterline , Elizabeth Owens-Roe , Ted Jones, Dan Klein, Pat Woodworth, Dorothy Daetsch, Willard Ticknor Daetch, Robert Roe, Edw. M . Roberts, Nicole Sutton, Mary Oltz, Bill Farrell Supervisor Kenneth Horst called the meeting to order at 7 : 05 and led all present to the Pledge of Allegiance to the American flag. COMMUNICATIONS : 1 ) Notice of Meeting with Office of the State Comptroller - May 23 , 1998 - Reading Financial Statement & Fast Analysis 2) NYPIRG - New York Public Interest Research Group - working in the Danby Area during this summer. 3 ) NYSEG - Notice of work to be performed this spring on an existing pipeline through Danby. PRIVILEGE OF THE FLOOR: Judy VanDermark announced that there would be a Special Meeting of Community Council on Thursday, April 23 , 1998 at 7 : 00 P . M . She reported that they welcome all residents to attend meetings . Edward M. Roberts - Bald Hill Road reported that he is serving on a review committee for housing rehabilitation for Town of Danby residents . Danby has received a grant from New York State for housing . Two (2) of the three applications received have been approved . REPORTS : EMC - Robert Roe gave a brief overview of the highlights for the March EMC Meeting. 1 ) The Northeast Subarea Transport Study is being developed - they would welcome public commentary. 2) Two tax delinquent parcels that are in the process of foreclosure by Tompkins County contain unique natural areas. 3 ) The Flood Mitigation Committee has a budget of $ 37 , 500 for 1998 and if the Town is interested in application for funding they must establish a Flood Mitigation Board or Panel . 4) Cornell University has applied for funding through the IDA for the Flood Mitigation Project. n Highway Department Report: Superintendent William Hall reported that the crews are doing basic maintenance on roads that suffered winter damage . Senior Citizens : Edward M . Roberts reported that the Senior Citizens meet monthly for a dish-to-pass event and I, generally have entertainment. The meetings are attended by approximately 40 persons and beginning in May will hold their monthly meetings at 6 : 00 P . M . f t. Code Enforcement Report: Code Enforcement Officer Susan reported that Board has received the March 1998 report and i Uri Town Board Minutes 2 April 13 , 1998 attached to the report an article she submitted to the Danby Area News . The Town has received one or two building permit applications for Planning Board review this spring. Dog Control : The Town Clerk reported that the SPCA is now in the process of follow-up on unregistered dogs that were located through the recent dog enumeration . Planning Board Report : Code Enforcement Officer Susan Beeners reported that members of the Planning Board are gathering information on telecommunication towers and adult entertainment facilities . There will be further discussion by the Planning Board on telecommunication towers and adult entertainment facilities to develop legislation for the Town Board to consider. A special information meeting of the Town Board and Planning Board is scheduled for April 22 , 1998 . Community Council - County Youth Bureau - Report Janice Johnson, coordinator of Youth Services for Tompkins County Youth Bureau addressed the Board and public and reported on the recent Town of Danby Needs Survey . There were 1200 surveys distributed through the mail and additional surveys at various locations within the Town, South Hill School and community meetings . The survey analysis data was from the return of 77 adult surveys and 93 young people (6% of Danby population) . The survey results have been analysed by groups and can be used as a tool for developing programs for the community . An information pamphlet will be developed from the survey for public information. Community Council Report: Judy VanDermark reported that the Youth Committee met and that they are making progress . A request for program funding and a list of programs to be provided was submitted to the Board for consideration . The request is that a total of $ 7 , 344 be allocated for 1998 Danby Needs Programs for youth. This represents an increase of $ 1 , 344 over the budgeted amount of $ 6 , 000 . Water Resources Council : Ted Jones reported that the Water Resources Council is a new group and is still in the formative stages at this time . The council is putting together a mission statement and objectives for the council . Mr. Jones read the Water Resources Council Mission Statement to the Board . Danby Area News : Liz Roe reported that she has developed a set of guidelines for the Danby Area News . She asked the Town Board to submit their comments on the guidelines to her. She said that she had developed the guidelines to maintain the Danby Area News as a Town program with additional funding in the future from businesses . If we use United Way monies for the Danby Area News there are restrictions on news . Internal Audit Report : Supervisor Horst reported that the Draft Audit Report shows that the unappropriated fund budget is in the amount of $ 18 , 549 . 00 . That amount does not include those monies which were reserved or encumbered at the end of 1997 . There will be some available monies but not to put into the 1998 budget to raise budget line items . There are funds coming from a New York State Grant for $ 15 ,000 . 00 that was approved to be applied to the Town Hall Renovation/Addition Heating cost. Comprehensive Plan : Supervisor Horst asked that the Comprehensive Planning Project and budget be deferred until after the Special Meeting of the Town Board and Planning Board on April 22 , 1998 . No Board Member objected . Community Council Funding Request : Pat Woodworth presented the Town Board with a proposal for funding Dandy Needs Programs for youth in the amount of $ 7 , 344 . 00 . An itemized list of proposed programs and expenses for $ 7 , 344 . 00 was attached . E Q Town Board Minutes 3 April 13 , 1998 Judy VanDermark reported that Community Council has received a letter from the Ithaca City School District Superintendent in support of the outdoor program and the family concert outlined on the proposed programs list . (A copy was not submitted to the Board . ) Motion to Spend $7,344 for Community Council Youth Programs A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve funds in the amount of $7 ,344 on a contractual basis with Community Council for the Initial Funding Request for proposed programs and expenses dated April 9 , 1998 and submitted to the Board on April 11 , 1998 , that the Town Attorney draw up a contract containing these services stating that Community Council agrees to provide these services to the Town and that the Town Supervisor be authorized to sign the contract. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Motion to Extend Meeting A motion was made by Councilperson Gagnon and seconded by Strichartz at 9 : 25 p . m. to extend the Board meeting to 10 : 00 p . m . Carried Unanimously NEW BUSINESS : RESOLUTION NO . 39 OF 1998 RESOLUTION ADOPTING THE LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS By Councilperson Gagnon: Seconded by Councilperson Strichartz WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on April 8 , 1998 to hear all interested parties on a proposed local law entitled "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS" ; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS , pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State } Environmental Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law is a Type II action and therefore not subject to environmental review under SEQR; t is NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT a! BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS" , a copy of which is attached hereto and made a part of this resolution ; and it is further RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca Journal as soon as practicable after its adoption ; and it is further 075 Town Board Minutes 4 April 13 , 1998 RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. TOWN OF DANBY LOCAL LAW NO 1 OF THE YEAR 1998 A LOCAL LAW PROVIDING FOR A MORATORIUM FOR THE ESTABLISHMENT OF ADULT ENTERTAINMENT BUSINESSES FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . Findings and Purpose . The Town Board of the Town of Danby finds : 1 . An adult entertainment business has been established in a nearby community of McLean, New York, which establishment has resulted in considerable controversy over the potential adverse effects of such businesses upon neighboring properties and the community as a whole . 2 . In light of such establishment it would be appropriate to consider the need for regulating the establishment of such businesses in the Town of Danby . 3 . At present, the Town ' s Zoning Ordinance may not permit such enterprises anywhere in the Town, and if such businesses were to be permitted, it would be appropriate to consider where in the Town they might be located. 4 . Regulation of certain types of adult entertainment establishments may incidently result in some limitation of free speech privileges and it is therefore necessary to determine what types of legislation would be appropriate and permissible, and would result in the least intrusion on free speech or other constitutional rights . 5 . The Town Board has requested the Town Planning Board to commence the process of carefully studying the effects of adult entertainment businesses on a community and surrounding properties, the appropriate locations in the town for such businesses , and the amount of regulation, if any, necessary and permissible to minimize adverse effects with the least impact on constitutional rights . 6 . It will take at least one hundred eighty days to have the Planning Board conduct the appropriate study, to consider the conclusions of the study, to draft legislation if it is determined such is necessary or appropriate, to conduct the requisite public hearings on such legislation before the Planning Board and the Town Board, to adopt such legislation, and to give the required public notice of such adoption. 7 . The purposes of any new legislation would be significantly subverted if an adult entertainment business were to be established before the study could be completed and, if it is so determined, implemented by legislation. 8 . In order to maintain the status, quo relative to such adult entertainment businesses during the limited time the Town needs to complete such study and adopt such legislation, it is necessary to adopt this local law. Section 2 . Definitions . The following definitions apply to this local law. "Adult entertainment business" is a business involving one or more of the following : (a) Adult arcades where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, computer generated images, or other photographic c t 5 Town Board Minutes April 13 , 1998 Oreproductions, which are characterized by emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas . " (b) Adult bookstores which have a substantial (50% or more) portion of its stock in trade and offers for sale, for any consideration, any one or more of the following : (I) Books, magazines, periodicals , or other printed matter or photographs, films, motion pictures , video cassettes , computer discs or other magnetic media, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas , or (ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities . O Adult cabarets meaning any nightclub , bar (including establishments which do not serve alcoholic beverages), restaurant, or similar establishment, which regularly features live performances characterized by exposure of specified anatomical areas or by specified sexual activities or films , motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas . (d) Adult motion picture theater where , for any form of consideration, films, motion pictures, video cassettes, computer generated images, slides or other photographic reproductions are regularly shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas . (e) Adult theater meaning a theater, concert halls , auditorium or similar establishment which, for any form of consideration, regularly features live performances in which a substantial portion of the total presentation time is devoted to the exposure of specified sexual activities or specified anatomical areas . (f) Massage parlor where, for any form of consideration, massage alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist, licensed massage therapist or similar professional person licensed by the state . This definition shall not be deemed to include an athletic club , health club, school gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service . (g) Peep show where, for any form of consideration, persons may observe from individual enclosures shows which regularly feature live performances • characterized by exposure of specified anatomical areas or by specified sexual activities or films, motion pictures , video cassettes, computer generated images, slides or other photographic reproductions characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas . "Specified anatomical areas" means (a) Less than completely and opaquely covered human genitals, p ubic region, g . , S 7 f 6 Town Board Minutes April 13 , 1998 buttock, and female breast below a point immediately above the top of the areola; and (b) Human male genitals in a discernible turgid state even if completely and opaquely covered . " Specified sexual activities" means (a) Human genitals in a state of sexual stimulation or arousal ; or (b) Acts of human masturbation, sexual intercourse or sodomy; or O Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. Section 3 . Prohibition of Adult Entertainment Businesses . For a period of one hundred eighty days from the date of enactment of this local law, no adult entertainment business shall be established or permitted in the Town of Danby . Section 4 . Implementation of Prohibition. For a period of one hundred eighty days from the enactment of this local law 1 . No Town official shall accept for filing any application for the establishment of an adult entertainment business ; 2 . The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to , the establishment of an adult entertainment business ; 3 . The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the establishment of an adult entertainment business ; and 4 . The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to , or would result in the establishment of an adult entertainment business . Section 5 . Penalties 1 . Any person establishing or conducting an adult entertainment business in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2 . In the event of an unlawful establishment of an adult entertainment business, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any occupancy in violation or any occupancy in violation of this local law. Section 6. Term. This local law shall be in effect for a period of one hundred eighty days from its effective date , provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period . Section 7 . Applicability. This local law shall apply to all areas of the Town of Danby. Section 8 . Partial Invalidity . If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect . Section 9 . This local law shall take effect ten days after publication of this local law of an 7 Town Board Minutes April 13 , 1998 abstract or summary of same in the Ithaca Journal . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 40 of 1998 RESOLUTION ADOPTING THE LOCAL LAW PROVIDING FOR A MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on April 8 , 1998 to hear all interested parties on a proposed local law entitled "a LOCAL LAW PROVIDING FOR A MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS" ; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law is a Type II action and therefore not subject to environmental review under SEQR; WHEREAS, the Town Supervisor has, pursuant to Municipal Home Rule Law Section 20, Subdivision 4, certified as to the necessity for the immediate passage of such local law; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW PROVIDING FOR A MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS", a copy of which is attached hereto and made a part of this resolution ; and it is further RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca Journal as soon as practicable after its adoption ; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. TOWN OF DANBY LOCAL LAW NO . 2 OF THE YEAR 1998 A LOCAL LAW PROVIDING FOR A MORATORIUM t ON THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . Findings and Purpose . The Town Board of the Town of Danby finds : 1 . The Federal Telecommunications Act (the "Act") was signed into law in February of 1996 . The Act preserves the authority of local governments over reasonable nondiscriminatory decisions regarding the placement, construction and modification of telecommunications towers . ri i 1 879 The passage of the Act, the increased sale of airwave rights and issuance of licenses by the FCC, the increased demand for wireless communication services, and new technology have lead to a significant increase in the demand for telecommunications towers within the State . The Town of Danby has received one request to locate such a tower in the Town, which request was granted and resulted in the construction of a communications tower on Durfee Hill Road and the Town expects to receive additional similar requests in the future . 2 . The construction of such towers may have significant effects upon the general public as well as the surrounding properties, including, among others, adverse visual impacts because of size and lighting, and possible damage to property in the event of improper design or construction of such towers and supporting facilities . 3 . In view of the possible proliferation of such towers it would be appropriate to consider the need for regulating the construction of such towers in the Town of Danby and research the manner that would be appropriate to regulate same . 4 . At present, the Town' s Zoning Ordinance does not explicitly permit such towers anywhere in the Town, and if such towers were to be permitted, it would be appropriate to consider where in the Town they might be located and what steps might be taken to minimize the size and number of such towers . 5 . The Town has begun the process of considering the effects of telecommunications towers and related facilities on a community and surrounding properties, the appropriate locations in the Town for such facilities, and the amount of regulation, if any, necessary and permissible to minimize adverse visual and other effects balanced with the need for such facilities . 6. The Town ' s Planning Board has already been charged by the Town Board to review the need for legislation to permit and regulate such types of facilities, and if such Board determines there is a need, to prepare with the assistance of the Town Code Enforcement Officer and Attorney for the Town proposed legislation for consideration by the Town Board . 7 . It is anticipated that such study and resulting legislation can be completed and acted upon by the appropriate Town bodies within 180 days of the adoption of this local law. 8 . The purposes of any new legislation would be significantly subverted if any new telecommunications facilities were to be constructed or established before appropriate legislation could be completed, reviewed and properly adopted . 9 . In order to maintain the status quo relative to telecommunications towers and related facilities during the limited time the Town needs to adequately research the issues related to regulating such facilities and to complete and adopt any regulatory legislation, it is necessary to adopt this local law. Section 2 . Definition of Telecommunications Facility . For the purposes of this local law, a "Telecommunications Facility" is any commercial equipment used in connection with the provision of two-way wireless communication services, including cellular telephone services, personal communications services, and private radio communications services, regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other federal laws . a Telecommunications Facility shall include monopoly, guyed, or latticework tower(s), as well as antenna(s), switching stations, principle and accessory telecommunications equipment and supporting masts, wires, structures and buildings . Section 3 . Prohibition of Telecommunications Facilities . For a period of one hundred eighty days from the date of enactment of this local law, no new Telecommunications Facility shall be constructed or established or permitted in the Town of Danby . Section 4. Implementation of Prohibition. Except as expressly permitted below, for a period of one hundred eighty days from the enactment of this local law. 880 9 Town Board Minutes April 13 , 1998 1 . No Town official shall accept for filing any application for the construction of any Telecommunications Facility ; 2 . The Town Planning Board shall not grant any approvals, preliminary or final, for any site plan or subdivision involving, or related to, the construction or establishment of a Telecommunications Facility; 3 . The Town Zoning Board of Appeals shall not grant any special approval or variance permitting the construction or establishment of a Telecommunications Facility; and 4 . The Code Enforcement Office shall not issue any building or other permit for any construction or change of use that is related to, or would result in the construction or establishment of a Telecommunications Facility . Section 5 . Pending applications . Notwithstanding the provisions of Section 4 above, the enactment of this local law shall not affect. 1 . The processing of any applications for construction of a Telecommunications Facility for which al required approvals have been granted by the appropriate Town governing board or officer prior to the effective date of this law, or 2 . Any towers constructed prior to the effective date of this law, or 3 . Modification of any previously granted approval provided the modification does not increase the height of any Telecommunications Facility, and does not involve the construction of any additional towers . Applications to modify an existing variance or approval that request alterations in the antennas attached to an existing telecommunications tower, or request co-locating additional antennas on an existing telecommunications tower, are not intended to be prohibited by the moratorium enacted by this local law. Such applications may be considered in the normal course of review, decisions rendered on same, and if approved, construction as so approved may be completed. Section 6 . Penalties . 1 . Any person constructing or establishing a Telecommunications Facility in violation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York. 2 . In the event of an unlawful construction or establishment of a Telecommunications Facility, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local law. Section 7 . Term . This local law shall be in effect for a period of one hundred eighty days from its effective date , provided, however, that the penalty section shall remain in full force and effect after such one hundred eighty day period for the purpose of prosecuting any violation which occurred during such one hundred eighty day period . 4; Section 8 . Applicability . This local law shall apply to all areas of the Town of Dan y . i Section 9 . Partial Invalidity . If any provision of this law is found invalid by any court of r� competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 10 . This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal . By ) 10 Town Board Minutes April 13 , 1998 A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Discussion - Telecommunication Legislation Councilperson Strichartz reported that a Planning Board member reported to her that the Planning Board would like to meet with representative Rusty Monroe of Monroe Telecom for telecommunication towers legislation information. The cost to the Town for a representative from Monroe Telecom to come for a meeting would be out of pocket expenses for mileage and meals . After a lengthy discussion many questions were raised regarding the cost to the Town to have Monroe Telecom provide an ordinance and would their service provide legal services if the ordinance were to be challenged. Supervisor Horst will contact our Town Attorney for an estimate from Barney, Grossman, Dubow and Marcus for them to write an ordinance regulating telecommunication towers . Temporary Easements Highway Superintendent William Hall reported that it is necessary for Board approval for temporary easements on private property. It is necessary to cross private properties to work on stream banks which are within 100 feet of the right-of-ways . He presented the Board with two easement forms for consideration and suggested that the short form be approved . Motion Authorizing Town Supervisor and Highway Superintendent to Draft Temporary Easement Form A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to authorize the Town Supervisor and Highway Superintendent to draft a temporary easement form for highway and drainage maintenance use subject to approval of the form by the Town Attorney and that the Highway Superintendent may execute such easements from time-to-time as the need arises except where further approvals may be required by the Town Board . Discussion on temporary easement request for a site on Comfort Road . The Code Enforcement Officer reported that she does not think that the Comfort Road site is an appropriate one and that relates to the preexisting concrete slabs that a Tompkins County Contractor dumped on the Comfort Road site . Supervisor Horst will consult with the Town Attorney regarding temporary easements . There was no vote on the motion. Jennings Pond Motion to Authorize Town Supervisor to Sign Agreement with State Parks for the Use of Jennings Pond A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to authorize the Town Supervisor to sign the Agreement between the Town of Danby and the State Parks for the use of Jennings Pond. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously 382 . 11 Town Board Minutes April 13 , 1998 RESOLUTION NO . 41 OF 1998 APPOINTMENTS TO LOCAL ADVISORY BOARD OF ASSESSMENT REVIEW 1998 By Councilperson Gagnon : Seconded by Councilperson Steiner WHEREAS,the Local Advisory Board of Assessment Review for the Town of Danby is scheduled to meet on Tuesday, May 12 , 1998 from 3 : 00 to 6 : 00 P . M . at the Danby School Building at 54A Gunderman Road, Ithaca, New York, and WHEREAS, the Town of Danby Town board must appoint two (2) representatives to serve on the Local Advisory Board of Assessment Review, now be it RESOLVED, that the Town of Danby Town Board appoints Councilperson Joel Gagnon of 2353 Spencer Road, West Danby, New York and Councilperson Naomi Strichartz of/08 Comfort Road, Spencer, New York to serve on the Local Advisory Board of Assessment Review on Tuesday, May 12 , 1998 from 3 : 00 to 6 : 00 P .M. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Authorization for Town Supervisor to Hire Town Hall and Cemeteries Maintenance Person A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon authorizing the Town Supervisor to hire a person(s) to mow the Town Hall grounds and the Town cemeteries A vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Cleanup of Town Hall Property A group of residents have volunteered to clean up the Town Hall property on the South side of the building. Motion to Authorize Town Hall Site Cleanup A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to authorize a group of volunteers to clean up the Town Hall property as a Town sponsored activity conditional upon insurance coverage and signed waivers from the workers . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye 1 Steiner Aye { Strichartz Aye Horst Aye Carried Unanimously Change Orders - Town Hall Renovation/Addition Project { Councilperson Inman reported on the following Change Orders for the Town Hall Renovation/Addition Project : Change Orders - In the scope of work the architects blue prints submitted to the electricians and a 83 • 12 Town Board Minutes April 13 , 1998 plumbers did not include blue prints and specifications for the septic tank pump and wiring as part of the project specifications and have submitted the following additional costs : $968 -- $ 600 for the septic pump and $ 364 for the electrical alarm panel Motion to Approve Change Order a motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve the Change Order submitted by J . L . Lewis in the amount of $ 964 . 00 to cover the cost of $600 for a septic pump and $ 364 for an alarm panel . Discussion : Councilperson Steiner said that we should keep track of the omitted change orders, pay the extra costs and deduct the expense from the fee to the architect . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Councilperson Inman reported that there remains $ 1 ,781 . 02 in the contingency fund after all known expenses are deducted. There is $2 , 500 of unexpended funds that are unallocated at this time from the water well expense . The painting of the duct work will be done free of charge . Approval of Town Clerk' s March 1998 Report a motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the Town Clerk' s March 1998 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of the Town Supervisor' s March 1998 Report A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to approve the Town Supervisor' s March 1998 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously APPROVAL OF WARRANTS : Approval of General Fund Warrant No. 4 of 1998 A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the General fund Warrant No . 4 of 1998 voucher numbers 116- 160 in the amount of $32 , 509 .44 including voucher No . 157 with the approximate expense of $ 50 . g `7I 13 Town Board Minutes April 13 , 1998 A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of the Highway Fund Warrant No. 4 of 1998 A motion was made by Councilperson Steiner and 49 64 in the Councilperson amount of $ 11t,256 . 33 .I approve th Highway Fund Warrant No . 4 of 1998 vouch A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of West Danby Water District Fund Warrant No. 4 of 1998 A motion was made by Councilperson Steiner and seconded by Councilperson Strichartz to approve the West Danby Water District Fund Warrant No . 4 of 1998 voucher numbers 10- 13 in the amount of $ 1 ,038 . 45 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of March 1998 Construction Warrant A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve the March 1998 Construction Warrant voucher numbers 7 and 8 in the amount of $ 12 , 855 . 82 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Correction to Bid Opening Minutes of March 4, 1998 Under Bid Opening Declared Closed for Box Culvert insert after the word Opening after the work Bid. (pg. 849) ADJOURNMENT : On a motion the meeting adjourned at 10 : 35 p .m. h -- /Carol W . ki, Town Clerk r min-4- 13 -98 4h4 F3 ri 11