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HomeMy WebLinkAbout1998-07-20 Fj' 2V 1 Town Board Minutes July 20, 1998 TOWN OF DANBY TOWN BOARD MINUTES ADJOURNED BOARD MEETING OF JULY 13 , 1998 JULY 20 , 1998 PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present: William Hall - Highway Superintendent Carol Sczepanski - Town Clerk Code Enforcement Officer - Susan Beeners Members of the Public : Robert Roe, Dan Klein, Mary Oltz, Judy VanDermark, Esther Dotson, Dorothy and Willard Daetsch, Ames Brown Supervisor Kenneth Horst called the meeting to order at 7 : 05 P .M . and anounced that this was a continuation of the Regular Meeting of the Town Board held on Monday, July 13 , 1998 to complete that Agenda. Town Hall Custodian Supervisor Horst reported that a custodian is needed for the care and cleaning of the Town Hall . We do contract with a person for mowing the lawn and he has been asked if he were interested in cleaning the Town Hall . He asked for suggestions and hopes we can find someone local so that we do not need to hire professionals . Wilbur Lumber Company Supervisor Horst reported that Wilbur Lumber Company has suffered a fire . He has visited the owner and offered help from the Town if there was anything we could do . He suggested that there may be funds available through TCAD and other funds that may be available for women in business . She will contact Frank Proto our County Representative . Speech & Hearing Clinic Culvert - LaRue Road Highway Superintendent William Hall reported the box culvert on LaRue Road was washed out by a flood due to a building that washed off its foundation at the Speech & Hearing Clinic . The culvert must be replaced. The only access to the Speech & Hearing Clinic is through a seasonal section of LaRue Road. He has received a report from the contractor who designed the culvert and that only a small portion of what remains may be usable but they could not guarantee the structural integrity if welded to a new section of new culvert. He has contacted FEMA and it is to soon to know if any funds will be made available as they have only completed a preliminary investigation of damage . We may be able to obtain some funding if there was enough damage County wide . The Town of Danby suffered more damage from the floods than the entire County . The FEMA representative suggested that we temporarily install culvert pipe side by side so that there is emergency access . Estimates for purchase of steel culvert pipe : 80 feet of 8' diameter pipe $ 10 ,080 f 80 feet of 9' diameter pipe $ 12 ,240 80 feet of 9' 6 " diameter pipe $ 13 , 600 Supervisor Horst reported that he has consulted the insurance carrier and the replacement of the box culvert is not covered by the Town insurance . They suggested that if FEMA funds were not } forthcoming that we should consult the insurance carrier of the building owner as their liability insurance should provide some coverage . Discussion: X21 2 Town Board Minutes July 20, 1998 Councilperson Inman reported that he obtained photos of the damage the following day. Superintendent Hall reported that culvert has always handled all the water in the past. The building obstructed three quarters of the culvert opening and the force of the water raised the pipe and buckled it. It must be replaced so that there is adequate emergency access to the Speech and Hearing Clinic . Superintendent William Hall recommended that the 2 ' 6 " pipe be purchased to replace the culvert . RESOLUTION NO. 49 OF 1998 DECLARATION OF EMERGENCY SITUATION LARUE ROAD CULVERT By Councilperson Gagnon : Seconded by Councilperson Inman WHEREAS, On July 20, 1998 the Town Board of the Town of Danby found and determined that a public emergency existed in the Town of Danby arising out of an unforeseen occurrence whereby circumstances affecting the life , health, safety of the Town and users of the Empire Speech and Hearing Clinic , and WHEREAS , this emergency was caused by sudden flooding that occurred on July 8 , 1998 and caused the culvert on LaRue Road that leads to the Empire Speech and Hearing Clinic to buckle, and WHEREAS, immediate action which could not await competitive bidding for replacing the culvert located on LaRue Road, now be it RESOLVED, that the Town Board of the Town of Danby declares the replacement of the culvert located on LaRue Road an emergency situation . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Ikawnigcantitflhuttiss MOIL ] s ' :: • Motion to Contact Town Attorney A motion was made by Councilperson Steiner and seconded by Councilperson Inman that the Town Supervisor contact the Town Attorney to initiate discussions with the Empire Speech and Hearing Clinic owners declaring that it is in the opinion of the Town Board of the Town of Danby that the destruction of the box culvert on LaRue Road was the result of their building washing away from its foundation and that their liability insurance should cover the cost of reimbursement to the Town of Danby. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Motion to Authorize the Highway Superintendent to Purchase Box Culvert for LaRue Road A motion was made by Councilperson Inman and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorize the Highway Superintendent to purchase two (2) 9'6 " culvert pipes for a total of $ 13 ,600 to be installed on LaRue Road to replace the destroyed box culvert. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Review of "Adult Entertainment Business Study - Town of Danby" : The Planning Board has submitted A Draft Adult Entertainment Business Study to the Town Board for review. The Draft was prepared by the Planning Board on June 17 , 1998 . The purpose of the study is to designate a commercial area where adult entertainment may be allowed should the Town receive application. The Town Board reviewed the Draft Adult Entertainment Business Study for consideration of developing legislation regulating Adult Entertainment Facilities in the Town of Danby. Other areas in the Town of Danby that might be considered were discussed . Susan Beeners suggested that the separation standards of 600 feet be increased to 750 . Motion to Ask Town Attorney to Review the Adult Entertainment Business Study - Town of Danb A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to transmit the Draft Entertainment Business Study - Town of Danby submitted to the Town Board of the Town of Danby (dated 6/ 17/98) to the Town Attorney to use as a basis for drafting legislation ( using the separation standards of 750 feet) to amend the Town of Danby Zoning Ordinance Discussion: Councilperson Steiner said that he would like the Draft Local Law to be available at the August Agenda Meeting so that a date can be set for a public hearing. 23 0 Town Board Minutes July 20, 1998 A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Cable Franchise Agreement The Town Board has reviewed and discussed options received from the Municipal Cable Commission and from Time Warner. After discussion on the Time Warner proposal the Board will seek information including cost from Monroe Telecom regarding what they could provide for a TV Cable Franchise Agreement. Motion to Pay Travel Expenses for Monroe Telecom Representatives A motion was made by Councilperson Steiner and seconded by Councilperson Inman to pay the representatives from Monroe Telecom for their information meeting on June 24, 1998 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Donation of Town Hall Office Drapes Approved A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to donate the old Town Hall Office drapes to the Salvation Army. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Community Council Request to Amend Budget A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to amend the Town of Danby 1998 Budget by increasing the Community Council Youth Service Expenditures by $ 5 , 988 and decreasing the Unappropriated Fund Balance by $ 5 , 988 . Discussion : Councilperson Steiner asked what are we doing -- spending this twice . Supervisor Horst said that we are not increasing the Community Council budget. Councilperson Gagnon said that the auditors indicated that money should have been received and placed in the Unappropriated Fund Balance and then moved to the Youth Services Line . Motion to Amend Budget Withdrawn After lengthy discussion Councilperson Gagnon withdrew the motion. '324 Town Board Minutes July 20, 1998 Motion to Postpone Community Council Request to Amend Budget A motion was made by Councilperson Steiner and seconded by Councilperson Inman to table discussion on the request from Community Council to Amend the 1998 Budget. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Request from Town Clerk Town Clerk Carol Sczepanski asked the Board to make an appointment with her and other staff members to review their needs for adjustments to the new office space and equipment needed to operate efficiently. She reported that there has not been any attempt to solve the problem with the Clerk' s service window or adjustment to the office door that does not lock properly . Other items are windows that do not open or stick, space for a coat closet, or coat hooks, storage space for items that are not in use, and maintenance in the building. Councilperson Inman said that according to the Code Enforcement Officer that the clerk' s window does not require a fire-rated window, it could be replaced at the Towns expense . The contractor provided the window that the Town approved there has been no authorization to make changes at this time . The Clerk reported to the Board that the service window needs to be a full service window. The Board directed the Clerk to contact a local builder to look at the service window for her office . Councilperson Inman said that Milligan Contracting has been consulted and an updated punch list has been sent to Chris Warner to distribute to the other contractors in an effort to close out the construction project. Comprehensive Plan Proposed Survey Bob Roe reported that we have already missed the August deadline for the Danby Area News . Councilperson Gagnon reported that he had not had the opportunity to respond and that the Board has not dealt with the transmitted materials that were given to them in January dealing with the over- all question of the comprehensive plan. Supervisor Horst said that the Board should transmit to Bob Roe suggestions relative to the survey. More than one half hour of the July 13 meeting was dedicated to discussions on the survey . Councilperson Gagnon said that he has other concerns that he addressed to the Planning Board and there has been no indication that those questions are going to be dealt with by the Planning Board . He would like to share those concerns with the Town Board . Councilperson Strichartz said that the Board requested a special meeting of the Board to discuss the residents survey. If we are not going to have that special meeting that was requested in writing within ten ( 10) days she would like to have it now. Supervisor Horst said that it was his understanding that the Board agreed at the last meeting to devote one-half hour to discuss concerns and suggestions for the survey. Councilperson Inman said that his desire is to let the Planning Board continue on with their work. He said he was involved in the appointments of five members of the Planning Board that he felt were terrific people . The Board gave them a job and he would like to see them do it. 925 6 Town Board Minutes July 20, 1998 Councilperson Steiner said he does not disagree with Councilperson ' s statement but he does think that he shares the position of Councilperson Gagnon in wanting to discuss the issue at the Board level and communicate the information that is appropriate to the Planning Board. He does not question anyone ability on the Planning Board but thinks that the Board has requested a meeting to discuss this and it is appropriate that we continue the discussion of it. Robert Roe said that he was the only Planning Board present and requested that information be submitted to them in a timely fashion so that the survey does not miss the September deadline for the Danby Area News . Discussion : The Board discussed the following sections of the Draft Proposed Residents Survey. 1 ) Question No . 5 ; 2) Development rights and land trusts incentives ; 3 ) Public purchase of private lands ; Motion of Recommendation to the Planning Board A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board recommends to the Planning Board to include a question on the proposed "Residents Survey" related to reducing property taxes for large land owners in order to keep their spaces . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Nay Steiner Nay Strichartz Aye Horst Nay No Action Purchase of Development Rights of Agricultural Lands Councilperson Gagnon said that the next question he would like to see included in the survey is -- Would you be willing to support investment of local tax dollars to purchase development rights to protect agricultural land? One of the things that people may want to do is to sell the development rights . Motion to Add A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner that the Town Board of the Town of Danby ask the Planning Board to consider adding the following question to the proposed Resident' s Survey : "Would you be willing to support investment of local tax dollars to purchase development rights to protect agricultural land? A roll call vote on the motion resulted as follows : Gagnon Aye Inman Nay Steiner Aye Strichartz Aye Horst Nay Carried Motion to Adjourn Meeting: A motion was made by Councilperson Inman that the Board Adjourn the meeting a 10 : 30 P . M . There was no second. Motion to Recess to August 3, 1998 at 7 : 00 P.M. A motion was made at 9 : 30 p.m. by Councilperson Steiner and seconded by Councilperson Strichartz that the Town Board recess the meeting to 7 : 00 P . M . August 3 , 1998 . X26 7 3 Town Board Minutes July 20, 1998 A roll call vote on the motion resulted as follows : Gagnon Aye Inman Nay Steiner Aye Strichartz Aye Horst Nay Carried Councilperson Inman asked to be excused from the August 3 , 1998 meeting . No Board member objected. ADJOURNMENT : The meeting adjourned at 9 : 30 P . M . , wr feaa a Carol W . Scze ldi , Town Clerk min-7-20 . 98 p 1 X27 1 Town Board Minutes - August 3 , 1998 Adjourned Meeting of July 20, 1998 TOWN OF DANBY TOWN BOARD MINUTES ADJOURNED MEETING of JULY 20 , 1998 AUGUST 3 , 1998 PRESENT : Supervisor R. Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present: Code Enforcement Officer - Susan Beeners Town Clerk -- Carol Sczepanski Members of the Public : Bob Roe, Nancy Weitzel, Mary Oltz, Elizabeth Owens-Roe , Daniel Richardson, Jerry & Marjorie Catlin, Esther & Arch Dotson, rick Dobson, Sally Gagnon, Dan Klein, Robert Chase, Norbert Nolte, Laurene Gilbert Supervisor Kenneth Horst called the meeting to order at 7 : 00 P . M . and announced that this is a continuation of the July 13 and July 20, 1998 Town Board Meeting. The purpose of the meeting is to have further discussion of the comprehensive plan survey. Supervisor Horst announced that it has been difficult to get volunteers to finish the meeting room . He will be responsible for hanging of the drapes as soon as there is a free time when there is not a meeting taking place in the Town Hall . There is an opportunity to use Community Service to do some of the finishing and painting . The cost to the Town would be for supplies . Motion Authorizing Town Clerk to Contact Community Service A motion was made by Councilperson Inman and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorize the Town Clerk to look into the possibility of using Community Service for information on their services . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Privilege of the Floor: Bob Roe - addressed an article that appeared in the Ithaca Journal, July 29, 1998 entitled "Danby Resident Survey Draws Attention" . He was disappointed to see this published in the newspaper because this information was misleading or actually false contained in the article . The publication and the misleading statements it concludes are going to bias any information we get back through the residents survey. This bias is completely uncontrollable and will prejudice the responses we get back from the residents because they are uncontrollable . He doesn ' t see any choice at this time if we want reasonable accurately information to abandon the survey process . Elizabeth Owens-Roe - said she believes what has been happening has been obstructing the collecting of information from the public . A survey was promised about three months ago and it' s now August. She asked the Board to get the survey out and approved by the next Planning Board Meeting and a crew ready to get it mailed. By offering an issue to include the survey is saving the Town $ 1 ,000 . Arch Dotson - this problem started with a " Statement of Understanding", presented by a member of Town Board and is not an issue about planning. Rick Dobson - said he doesn' t understand what this new plan is about and would like to keep this thing a Danby thing and keep the County out of it. He would like to see some information out there for the residents to relate to . He found that without his knowledge that his property is being zoned for "Adult Entertainment", which is something he does not want on his property and objects to the 2 Town Board Minutes - August 3 , 1998 Adjourned Meeting of July 20 , 1998 Town re-zoning his property. He would like to see the proposal for adult entertainment removed from his property. He received the information regarding the proposed location on his land that would allow adult entertainment third hand as the Town had not consulted him . You have to let residents know what is going on and need more input from the community and would like some response from the Town Board on that. Rick Dobson stated for the record that "anything that the Town plans for his property in the future, I want to know about it in advance . " Councilperson Steiner suggested that Mr. Dobson obtain a copy of the document that was prepared and dated June 17 , that describes the area on his property where a zone that would allow an adult entertainment facility. There is a map included that shows where such a facility might be located i ; in the Town of Danby. Rick Dobson said that he does not care if you are Planning Board or what you are and if you are going to take a big piece of property like mine and do something that affects it, lets at least send a letter so that he can be there to respond. The Board can vote and whatever I say can mean nothing but at least you would have given me the chance to get here and respond. This is a serious thing and he should have been informed about it. As of today he has not even received a letter. This has been in the works for a month or two and he was not informed and he does want to know what is going on. He said that Susan is doing the work that should be done by the Planning Board in drafting up this thing . He said that when the Town Board meets he is at the Fire Department training and is unable to attend the regular Town Board meetings . Supervisor Horst thanked the public who addressed the Board with concerns tonight. He commented that the comprehensive planning is only in its initial stages of development and has nothing to do with zoning . It is the drawing up a long range plan for the town looking to the future . Discussion on the residents survey : Planning Board Chair Arch Dotson said that from the beginning the Planning Board had made provisions for joint meetings . He is concerned that when working drafts are circulated to the public as they generate rumors and impressions that make it impossible to govern or to plan. Councilperson Strichartz said that she would like someone who does not live in the Town of Danby evaluate the survey before it is sent out. She recommended that the an unbiased individual evaluate the survey before it goes out. Robert Roe reported that the survey committee has a meeting with some members of the County Planning Department on Thursday, August 5 , 1998 to review the survey. All meetings are open to the public . Code Enforcement Officer Susan Beeners said that she would be transmitting the survey as revised by the Planning Board on July 15 , 1998 to County Planning Department to review before the August 5 meeting. Changes to the revised draft of the "Adult Entertainment" materials have been made and will be transmitted to the Board at the August Agenda meeting along with a proposed local law and has reviewed the most current materials with Mr. Dobson. Motion to Send Written Comments to the Planning Board A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon that the survey be returned to the Planning Board and that remaining questions , additions , deletions and comments with regards to the survey be submitted in writing to the Planning Board by the Town Board by early next week so that they can address those issues at their regularly scheduled meeting as to allow the inclusion of those suggestions and to make the changes to, and include what they think is appropriate so that they can finalize the survey and send it out in the September Danby Area News without further Town Board action. Discussion: Councilperson Inman asked if he wanted to add that the Town Board return the survey back to the Planning Board and that an unbiased person possibly from the County evaluate the survey. Councilperson Steiner said he did not want that to be added to his motion. ■ 929 3 Town Board Minutes - August 3 , 1998 Adjourned Meeting of July 20, 1998 A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Councilperson Steiner said that at the July Planning Board Meeting there were several questions submitted to the Planning Board by Councilperson Gagnon that have received no response . Motion Requesting Response to Councilperson Gagnon and Town Board A motion was made by Councilperson Steiner and seconded by Councilperson Strichartz that the Town Board request the Planning Board to respond in writing to Councilperson Gagnon regarding questions related to the proposed residents survey transmitted to the Planning Board in July. Chairperson Horst said that he was reluctant to vote on something he has not had the opportunity to read. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Motion to Have an Unbiased Person Review the Survey A motion was made by Councilperson Strichartz and seconded by Councilperson Inman that an unbiased person from outside the Danby community look at the survey before it is sent out, such as Tom Chefalo from the County or another person, and that the person should be the choice of the Planning Board. Discussion : A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 8 : 05 P . M . difre0 Carol W. Sczep o wn Clerk min- 8 -3 . 98