HomeMy WebLinkAbout1998-09-14 9' 39
1 Town Board Minutes
September 14, 1998
TOWN OF DANBY
TOWN BOARD MINUTES
SEPTEMBER 14, 1998
PRESENT :
Supervisor Kenneth Horst
Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz
Others Present:
Carol Sczepanksi - Town Clerk
Susan Beeners - Code Enforcement Officer
Frank Proto - County Representative
Members of the Public :
Judy VanDermark, Ames Brown, Roy & Mary Casterline, Mary Oltz, Lauren Bishop, Rhonda
Roaring, Margaret Shepard, Dan Klein, Patti Meyers, Geoff Morse, Dick Charsky, Robert Roe,
Susan Beeners, Faith Chase, Dawn Parks, Ted Jones, Karl Heck
ADDITIONS TO THE AGENDA :
1 ) Addition under Communications - HUD Grant 1997-98 Application Status - Karl Heck
(7 : 30)
2) Addition of Change Orders - Town Hall Construction Project
3 ) Addition of Resolution - limiting time for reports .
4) Jennings Pond and Community Council Partnership - discussion
5) Postpone - transfer of funds of voucher No . 172 of 1998
PRIVILEGE OF THE FLOOR:
Councilperson Steiner thanked Danby Community Council and Danby Organized Volunteers for
helping with the Jennings Pond cleanup .
Councilperson Strichartz thanked Judy VanDermark for the successful blood drive on September
12 , 1998 .
Town Clerk Carol Sczepanski reported to the Board that the Tompkins County Community Service
may begin working in the Town Hall the week of September 28 , 1998 . The work is to include
painting of the entrance, trim in the meeting room, and the restrooms . They will also hang the
drapes and wash the windows . We have a list of other items to discuss with the supervisors of the
program .
Members of the Public :
Rhonda Roaring - 571 South Danby Road - reported a problem with one of her neighbors dogs
barking all night. She has not reported the problem to the S .P . C .A but did file a complaint with the
court in 1993 and was not satisfied with the determination of the court.
Patti Meyers - Interim Director of the Danby Reading Room for the Tompkins County Library
thanked the Town for their support of the program, the community for their donations and the many
volunteers who make the program a success . Community Council has most recently started reading
programs for children and installed two (2) computers . Town of Danby youth are now running a
training program to assist youth with homework assignments .
NYSEG Representative
Dick Charskey from NYSEG gave an update on what is happening with the NYSEG deregulation.
There has been advertising designed to give a little history and background of non-utility generators
and of their origin. He suggested that residents call 1 -(800) 603 - 8006 for information on the
deregulation of NYSEG .
Ames Brown - Danby Road reported that he has obtained information from the New York State
Parks Department in Albany regarding services they provide throughout the State and their budgets .
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2 Town Board Minutes
September 14, 1998
He submitted information and maps of our local area for the Revitalization Task Force .
County Re presentative Report :
Representative Frank Proto reported the following :
1 ) Danby Strategic Plan - Has reviewed Danby ' s StraategPlan a idi it i If a private one. The
County is not permitted by law to give money private
committee is developed, funds can be released to the group and disbursed by them to
provide an appropriate legal paper trail . i
2) Youth Bureau -The program committee of the Comy County rd i h g the poss ty
of some consolidation of some of the City of Itha a Youth Bureau
laced in the Town Hall the County
3 ) Danby Reading Room When the Reading Room p
provided $2 , 500 to provide shelving and the shelves c due built
o the loss of the Book Mob le .
a full service library but a site to provide library
He suggested that the funding request for additional services be made to the County through
the Public Library .
4) NYS Archives Week - is October 11 , 1998 and esM»tce al Offic°als resolution
Meeting Agenda and
5 ) County Bridge Resolution - A resolution is p
outlines the arrangements for county bridges on town roads . The County Board has
postponed action until they receive input from towns .
HUD GRANT- 1997-98 Application
of
Karl Heck, Community/Economic Development Specialist froTomp ins County Department
Grant
Planning reported that the HUD 1997 -98 Small Cities Community
Application for the Town of Danby was not funded. The County Planning Ty p t e tlhasr requested ested
the rating and ranking sheets for all applications in Tompkins
information to Danby as soon as it is available . A letter from
Gr tTompkins Count
my PPlanning will be
sent to all homeowners who submitted application for the HUD
COMMUNICATIONS :
1 ) Working Draft "Strategic Plan"
2) SPCA Contract Proposal for 1999 .
3 ) Draft of Proposed Local Laws extending Moratoria
REP
EMC - Robert Roe reported that the EMC met on Septb 9 , seeking an Executive Conference in
Ithaca was a major success . Citizens Environmental Coalition
Coalition represents ninety (90) cooperating townships and organizations with a membership of
eighty-five . The EMC has reached a comprise with Cornell University Board that he hasinger Project
and reports must be made to oard idf the Town Board approves .
volunteering for a seat on that b
Motion to Su I I on Bob Roe for the Lake Source Coolin • Project Board
A motion was made by Supervisor Horst and seconded by Councilperson n Stei olunteer that at he Lake
Board of the Town of Danby approves Robert Roe to submit pp
Source Cooling Project Board .
A vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye Carried Unanimously
Horst Aye
Hi hwav Department Report
A written report from the Highway Superintendent was submitted for August 1998 . During the
month of August the Department repaired some of the sites damaged in the flood and repaired
damage e to the box culvert on Valley View Road . Head walls need to be rebuilt on Station Road,
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September 14 , 1998
Maple Avenue and Howland Road and some of the work will be reimbursed by FEMA funds . The
new 1999 Volvo-White dump truck with plow was received on September 2 , 1998 .
Councilperson Steiner reported that work on some of the roads listed on the 1998 plan for repaving
and resurfacing have not been done yet this year.
Zoning Report
Code Enforcement Officer Susan Beeners reported that her Code Enforcement report will be
submitted at a later date due to a problem with the office printer. The office has been extremely busy
over the past few weeks and new housing starts this year will equal or exceed 1989 . The
Revitalization Task Force should have a " Strategic Plan" ready for the Board review for
consideration of approval at the October meeting. A public information meeting on the " Strategic
Plan"has been scheduled by the Task Force for September 24 , 1998 at 7 : 00 P . M .
Dog Control - August 1998 Report Received
Water Resources Council
Ted Jones reported that the Technical Committee are starting to gather information on water aquifers
in Tompkins County. Seven (7) of the projects submitted for the flood hazard mitigation program
met criteria for funding .
Planning Board Report:
Planning Board member Robert Roe reported that the Comprehensive Plan Survey has been mailed
to residents in the Town of Danby. There is no deadline stated for the returns of the survey . It was
primarily distributed through the use of the August issue of Danby Area News . The late revisions
of the survey led to a tardy issue of the Danby Area News . . He thanked the Danby Area News for
sharing in the cost of publication and mailing of the survey .
Councilperson Steiner asked Bob Roe to please communicate to the Planning Board that the Town
Board still awaits the response to Councilperson Gagnon ' s letter regarding some of the mechanisms
within the Comprehensive Plan. At the August meeting Chairperson Dotson reported that he would
respond in writing to the Town Board.
Comprehensive Plan Residents Survey
Susan Beeners reported to the Board that Rolf Pendall has a class of graduate students at Cornell
University who will analyze the survey and prepare other documents as their class project for this
semester.
Motion to Extend Meeting
A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon at 9 : 10
p . m. to extend the meeting.
A vote on the motion resulted as follows : Four (4) ayes , One (nay)
Gagnon Aye
Inman Aye
Steiner Nay
Strichartz Aye
Horst Aye Carried
Community Council
Judy VanDermark reported that she would like to thank Amy Cusimano, Mary Lou Hardesty and
the many volunteers who helped clean up and close Jennings Pond . There were 38 blood donors at
the blood drive , 35 units were used . She especially thanked the Danby Fire District for their
assistance and cooperation. The 1999 proposed budget has been submitted for consideration for the
Town of Danby Fiscal 1999 Budget .
Ames Brown - 1840 Danby Road reported that he obtained materials from New York State
regarding lumber mills and lumber mill operations . He said that he communicated this information
4 Town Board Minutes
September 14 , 1998
to the owner of Wilbur Saw Mill .
OLD BUSINESS :
Comi Telecommunications Agreement
The Planning Board of the Town of Danby has recommended to the Town Board that the Town enter
into an agreement with Comi Telecommunications for providing an ordinance related to
telecommunication towers . ,
Councilperson Steiner reported that he contacted the Town Attorney regarding the Proposed Comi
Telecommunications Agreement and has some concerns about the potential of taking the
responsibility for developing an ordinance out of the hands of the Town Attorney. Comi
Telecommunications may have expertise in this area but in the event of litigation the Town would
need local representation. Our attorney could write into an agreement anything that the Town
recommends .
Planning Board Member Robert Roe reported to the Board that as a member of that board he felt that
the expertise provided by Comi Telecommunications in this particular area was significant although
they offer services in other areas . They possess adequate expertise to draft an ordinance that would
provide the Town with a tight cell tower ordinance and the Town could generate funds based on the
applications that we may or may not receive over the next three years . He has not reviewed an
ordinance drafted by Comi Telecommunications or by the local attorney .
Motion to Authorize Town Attorney to Draft a Telecommunication Tower Ordinance
A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to authorize
and request Attorney John Barney to proceed with the local law for telecommunication towers and
that it be available to the Town Board in sufficient time so as to provide the Town with appropriate
notice and time frame to implement a local law.
Discussion :
Councilperson Gagnon is a little reluctant to go against the Planning Board recommendation but has
already seen a pattern of potential difficulty in problems with Comi Telecommunications .
Councilperson Strichartz said that this is a new technology in any case and nobody has a track record
with cell towers yet. Comi Telecommunications has more expertise than anyone in this area than
anyone local would have but does not mean that we would not have an acceptable ordinance from
our own attorney. She said that she would want to know more about how the Planning Board
reached their conclusion.
Councilperson Inman would like to table this discussion and ask the Planning Board what concerns
and considerations they had before making this decision and have a written statement returned to the
Town Board so that we can make a decision.
Motion to Table Motion
A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to table the
motion and discussion and to request a written statement from the Planning Board on how they
arrived at the decision to recommend that the Town enter into an agreement with Comi
Telecommunications for drafting an ordinance for the Town .
# ,
Discussion :
Councilperson Steiner said that there are a lot of unknowns about Comi Telecommunications . We
don' t know how many contracts they have done, how good those contractual arrangements are , and
what potential problems there may be . We do have experience with our own attorney, he has done
two telecommunication towers ordinances , and we have a history with our attorney.
Supervisor Horst said that he thinks that we should have our own Town Attorney provide us with
a local law for telecommunication towers and have a list of consultants that we can use for the
. .
5 Town Board Minutes
September 14 , 1998
technical expertise we need to deal with in particular situations .
Supervisor Horst called the question to vote on Councilperson Steiner ' s motion :
A vote on calling the question resulted as follows :
2 - Nays Motion Failed
3 -Ayes
Supervisor Horst requested a roll call vote on Councilperson Steiner ' s motion :
A vote on the motion resulted as follows :
Gagnon Nay
Inman Nay
Steiner Aye
Strichartz Nay Motion Defeated
Horst Aye
Supervisor Horst reported that he would attend the meeting of the Planning Board on September 16 ,
1998 and report back to the Town Board at their next meeting .
Motion to set Public Hearing Dates
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to set the
public hearing date of Wednesday, October 7 , 1998 at 7 : 00 P . M . for the proposed local law entitled
"A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED EIGHTY ( 180) DAYS
A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS " ,
and 7 : 05 P . M . for the proposed local law entitled " A LOCAL LAW EXTENDING FOR AN
ADDITIONAL NINETY (90) DAYS A MORATORIUM FOR THE ESTABLISHMENT OF
ADULT ENTERTAINMENT BUSINESSES" , with a special meeting of the Town Board to follow .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Motion to Adjourn Board Meeting to Monday September 21 , 1998
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to adjourn
the meeting to Monday, September 21 , 1998 at 7 : 00 P . M .
Carried Unanimously
Meeting adjourned at 10 : 10 p . m .
4,01) / fagot-
Carol W . c . epanski , Town Clerk
min-9- 14 . 98