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HomeMy WebLinkAbout1999-06-14 . : 1 `, l ' ' 1 .� I h I ,_: , .. r f i . . RCN a It S it te ,_ 069 TOWN OF DANBY TOWN BOARD MINUTES ADJOURNED MEETING OF JUNE 9 , 1999 JUNE 14, 1999 PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Attorney John Barney Patti Van de Bogart - Heating Consultant Supervisor Kenneth Horst called the meeting to order at 6 : 00 p . m. and announced that this is a continuation of a Special Meeting of the Board that was held on June 9 , 1999 . Motion to Move to Executive Session : A motion was made by Councilperson Inman and seconded by Councilperson Steiner to move to executive session to discuss possible litigation matters with the Town Attorney. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously The Board moved to executive session . ADJOURNMENT : The Board adjourned from executive session at 7 : 00 p . m . to enter into a regularly scheduled Town Board Meeting . C/1441 dA4-40; Carol W . Scze y. n •. i , Town Clerk agmt-6- 14 . 99 1070 1 Town Board Minutes June 14, 1999 TOWN OF DANBY TOWN BOARD MINUTES JUNE 14 , 1999 7 : 00 P .M. Regular Meeting PRESENT: Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Attorney John Barney William Hall - Highway Superintendent Members of the Public : Jared Schott, Sue Howe, Bob & Elizabeth Roe , Eileen Wright, Dorothy & Willard Daetsch, Steve Saraydar, Scott Machinist, Ames Brown, Edw. M . Roberts , Mary Oltz, Susan Hautala, Esther Dotson, Margaret Shepard . • Supervisor Kenneth Horst called the meeting to order at 7 : 00 p . m . and led all present in the Pledge of Allegiance to the American flag . ADDITIONS TO AGENDA : Discussion of highway department radios FEMA discussion Supervisor Horst requested that the Draft Proposed Comi Telecommunications Local Law review be moved to the top of the Agenda. Motion to Move Draft Telecommunications Local Law Review to First Item on the Agenda A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to move the Comi Draft Telecommunications Local Law review to the first item on the Agenda. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Comi Wireless Telecommunications Local Law Review : The Town Board reviewed and amended the Draft Wireless Telecommunications Local Law. The proposed changes as recommended by the Planning Board and the Town Attorney were reviewed and revised the draft . Motion to Regulate Only Mobile Telephone Services A motion was made by Councilperson Steiner and seconded by Councilperson Inman to regulate only mobile telecommunication towers . A roll call vote on the motion resulted as follows : Gagnon Nay Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried ' 1 1 I - 6.. 1 4 11 III t l f I� r i�� ' r al 1fi . 1 LIUIL 1071 2 Town Board Minutes June 14, 1999 Motion to Approve Section 9 Part B As Modified A motion was made by Councilperson Inman and seconded by Councilperson Steiner to approve of the modified language in Section 9 (pg. 12 ) section B . A roll call vote on the motion resulted as follows : Gagnon Nay Inman Aye Steiner Aye Strichartz Nay Horst Aye Carried Page 17 - fee ' s consultant and application fees Motion to Modify Application Fees A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to modify the fees as follows : $7, 500 escrow deposit fee, with the variable fees for Town expense to be covered by the escrow. $ 1 ,000 application fee, $ 500 for a collocation or modification of existing towers, and a fee of $200 for recertification. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Motion to Accept Changes to the Proposed Local Law and to Set Public Hearing Date A motion was made by Councilperson Steiner and seconded by Councilperson Inman to accept the draft local law as modified by the Town Board relating to regulating the siting of wireless telecommunicatons facilities and to set a public hearing date of Wednesday, July 7 , 1999 at 7 : 00 p . m . . 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 Town Clerk Carol Sczepanski reported to the Board that she has completed her 10th year and received a certificate of annual training from the New York State Town Clerks Association. As president of the Tompkins County Town Clerks Association she has received a certificate from the New York State Town Clerks Association for the 100% enrollment of the Tompkins County Town Clerks . She reported she is concerned by the events and activities that are approved for the use of the Town Hall building. She understands that there is a need for community events but the meeting room is not completed and not child proof at this time . Steve Saraydar - 229 Bald Hill Road submitted a memo to the Town Board regarding a request for a reduced speed limit on Bald Hill Road between the intersections of Lieb Road and Comfort Road . He asked the Town Board to make a formal request to Tompkins County so that the State Department of Transportation can make a formal request for a speed test of the area. County Representative Report - The Town Clerk reported that Representative Frank Proto was unable to attend the meeting but wanted to thank the Town Board and the members of the Library 1072 3 Town Board Minutes June 14, 1999 Committee who met last month in Danby . The meeting was very informative and useful he feels the committee received very useful information about the Danby Reading Room . Liz Roe - 1820 Danby Road - reported that she lives on 96B and supports efforts to reduce speeding. Susan Hautala - Town Historian reported that the Bicentennial Committee worked very hard to raise money to erect a bandstand on the Town Hall property. The committee also has received a grant from Tompkins County for matching funds to help pay for the bandstand . We can begin building the bandstand as soon as permission for a variance from the Board of Zoning Appeals and the site plan approved by the Planning Board so that a building permit can be obtained . The Committee would like to present the bandstand to the Town of Danby to remain on the Town Hall property . The Town Supervisor reported the following : 1 ) Award from Historical Society - The Town of Danby has received an award of merit from Historic Ithaca for planning and reuse of historic resources . 2) Town Investments - Tompkins County Trust offers a CD type of investment that the Town can make withdrawals . He has invested funds from the checking accounts for this form of investment although the interest is a little lower that short and medium term CD ' s . REPORTS : Tompkins County EMC Bob Roe reported that the Tompkins County EMC met on June 9, 1999 and reported the following : . 1 ) There is a Wetlands Banking Program being proposed for New York State . This is important to Danby as we have 4,959 acres of Unique Natural Areas in Danby and much of that are wetlands and may affect the Town in terms of future planning . The State is also developing water standard quality for wetlands . 2) Workshops are going to be available from the Department of State on training Town Board members for SEQR review . Bob presented the Board with a proposed resolution of support for the Town Board to consider regarding the structure of the Tompkins County Environmental Management Committee so that individual municipalities will have representation on the Committee . Community Council Report Eileen Wright reported that Community Council Programs have been lined up through July and August. They are requesting permission from the Town Board to use the Town Hall facility for a country dance on July 17 , 1999 . There was a cleanup at Jennings Pond that past weekend and more volunteers are needed for this Saturday . The Danby Area News will publish a four (4) page report of the Danby Residents Survey as requested by the Planning Board . Highway Report : Highway Superintendent William Hall reported that there are problems with some of the radios and equipment. The old crystal radios need to be replaced due to a change in frequency. He needs a new base radio , three radios for the truck and one portable unit . The estimated cost for radios and necessary equipment is approximately $ 3 ,200 . Approval to Spend Highway Funds The Board reviewed and signed the Town of Danby Highway Agreement Spend Highway Funds submitted by the Highway Superintendent and dated April 12 , 1999 . Motion to Extend Board Meeting A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to extend the Board meeting to 10 : 00 p . m . Carried FEMA Reimbursement: The Highway Department submitted a FEMA 1998 Project Site Plan Status for the Board to review The Board discussed the plans and estimated cost to complete highway projects for 1999 . ) G I ` II r!1 it � If; PP}} 16 7 3 4 Town Board Minutes June 14, 1999 RESOLUTION NO . 41 OF 1999 TRANSFER OF HIGHWAY FUNDS By Councilperson Gagnon : Seconded by Councilperson Inman WHEREAS, the Town has received a reimbursement for expenses from damage to Updike Road, and WHEREAS, the funds were deposited in a Revenue Account Other Compensation for Loss and DA2691 , now be it RESOLVED , that the Town Board of the Town of Danby approves the transfer of $230 .42 from Account Other Compensation for Loss to account No . DA5110 . 100 and $ 647 . 97 from Account No . DA2691 to Account No . DA5110 . 400 . A roll call vote on the Resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 42 OF 1999 TRANSFER OF HIGHWAY FUNDS By Councilperson Steiner : Seconded by Councilperson Inman WHEREAS , the Town Board of the Town of Danby on April 12 , 1999 approved the purchase of a copier for the Highway Department in the amount of $ 1 , 195 . 00 , and WHEREAS, the Board designated that part of the cost to purchase the copier be charged to Account No . DA5010 . 200 , now be it RESOLVED , that the Town Board of the Town of Danby approves the transfer of $ 319 . 47 from Account No . A5132 . 400 to Account No . A5010 . 200 . A roll call vote on the Resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 43 OF 1999 PERMISSION TO SCRAP HIGHWAY DEPARTMENT TRUCK NO . 40 By Councilperson Gagnon : Seconded by Councilperson Inman WHEREAS , The Town Highway Superintendent has requested permission to scrap the Danby Highway Department Truck No . 40, now be it RESOLVED, that the Town Board of the Town of Danby authorizes the Town Highway Superintendent to scrap the Highway Department Truck No . 40 . A roll call vote on the Resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously 1074 5 Town Board Minutes June 14 , 1999 Planning Board Report : Robert Roe reported that the Planning Board met on Wednesday, June 16 , 1999 and reviewed a proposal for a convenience store to be located at the corner of Brown Lane and NYS Rte . 96B . The also reviewed the information for the agriculture unit for the comprehensive plan. Members of the Planning Board attended an information gathering seminar in Syracuse on the proposed Department of Conservation Master Than for State Forest Lands . Flood Mitigation Committee : Robert Roe reported that he is Chair of the Flood Mitigation Committee and they are now reviewing the proposals for funding assistance . Pond Committee Report : Councilperson Strichartz reported that volunteers met last Saturday and cleaned the pond . Tompkins County Community Services also helped with the cleanup of the swimming area. The picnic tables will be painted this next weekend . They have extended an invitation to Town Board Members to come and help with the cleaning and painting . Motion to Extend Meeting: A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon at 10 : 00 P .M . to extend the Board meeting to 10 : 30 P . M . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried Motion to Postpone Town Hall Facility Open House A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to postpone the Town Hall Open House to an indefinate later date when the Town Hall is ready . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Supervisor Horst reported that he has applied to Tompkins County for funding in the amount of $ 1 ,000 that is available to municipalities for celebrations . MUNICIPAL REPRESENTATIVES TO THE EMC RESOLUTION NO . 44 OF 1999 OPPOSITION OF PROPOSAL TO CHANGE METHOD OF SELECTING MUNICIPAL REPRESENTATIVES TO THE ENVIRONMENTAL MANAGEMENT COUNCIL (EMC) By Councilperson Steiner : Seconded by Councilperson Strichartz WHEREAS , Environmental issues directly affect the quality of life of residents of the Town of Danby, and WHEREAS, Environmental issues are important to municipal planning and often require intermunicipal coordination, now be it RESOLVED, that the Town Board of the Town of Danby strongly opposes any changes in the organization of representation on the Tompkins County Environmental Management Council . Such 6 41 • 111 n iit� I ij ; : V � IV:3 p > Yf � I ! c ! ! , «$ i I : v �.� , , � I Lr �� � ,.{ a ; f n �hk � ;'� I ifi V«�l t_e,a 1045 6 Town Board Minutes June 14 , 1999 changes would infringe on the ability of the Town Board of the Town of Danby to select a municipal representative and would effectively disenfranchise the municipality on that advisory board . A roll call vote on the Resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 45 OF 1999 ACCEPTANCE OF TOWN HALL BANDSTAND By Councilperson Steiner : Seconded by Councilperson Inman WHEREAS , Susan Hautala, Chairperson of the Danby Bicentennial Committee , has , with the Committee, raised funds and received a matching grant from the Tompkins County Commercial Center Revitalization Program to construct a bandstand on the Town Hall property, and has requested that the Town Board accept the bandstand as Town property once it is constructed, now, therefore it is RESOLVED, that the Town Board of the Town of Danby hereby accepts the bandstand as Town property once it is constructed, subject to the granting of an area variance related to setbacks for the bandstand by the Board of Zoning Appeals, and subject to the granting of a Special Permit for the bandstand by the Planning Board . A roll call vote on the Resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 46 OF 1999 RESEARCH FOR HEATING SYSTEM OF THE TOWN HALL FACILITY By Councilperson Inman : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby to ask Patti Van de Bogart of Wheaton ' s Sheet Metal to continue with research of the Town Hall heating system for options regarding the performance of the heating system of the Town Hall facility . A roll call vote on the Resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval for Use of Town Hall Facility for Old English Dance A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon to approve the use of the Town Hall Facility on Saturday, July 17 , 1999 at 7 : 00 p . m . by Community Council for an Old Country Dance . Discussion : Councilperson Strichartz reported that the group that performs the country dances would like to serve food before the activity. 1076 7 Town Board Minutes June 14 , 1999 Code Enforcement Officer reported that she is concerned that she is not informed of activities and events for the use of the building before they are scheduled or at Board meeting . She is requesting that her office be informed in advance of activities that are planned to take place at the Town Hall facility . She would not like to see pot luck foods served or any great use of the water . The water has not been approved for drinking. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried RESOLUTION NO . 47 OF 1999 CONSOLIDATION OF TOWN HALL PROPERTIES By Councilperson Gagnon : Seconded by Councilperson Inman WHEREAS, the Town of Danby Town Facilities property consists of three (3 ) adjoining properties, Town of Danby Tax Parcels No . 10 . - 1 -22 , 10 . - 1 -23 and 10 . - 1 . 24 , now be it RESOLVED , that the Town of Danby Town Board requests the Tompkins County Division of Assessment to perform a tax search for consolidation of the Town of Danby Tax parcels No . 10 . - 1 - 22 , 10 . - 1 -23 , and 10 . - 1 -24 . A roll call vote on the Resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Thank you to Robert B . Howe and the American Legion Post No. 221 A motion was made by Councilperson Inman and seconded by Councilperson Strichartz for the Town Clerk to send a letter of thanks to Robert B . Howe and the American Legion Post No . 221 fir the POWMIA flag and staff that was donated an installed on the Town Hall building. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Request for Funds to Purchase Highway Department Radio Equipment Motion to Transfer Funds to Purchase Highway Department Radio Equipment A motion was made by Councilperson Steiner and seconde&by Supervisor Horst to transfer $2 , 500 from Contingency Account No . A1990 . 400 into Highway Account DA5112 . 200 for the purchase of up to three radios . A roll call vote on the motion resulted as follows : Gagnon Nay Inman Nay Steiner Aye Strichartz Nay Motion Failed Horst Aye 1111 ' t 313 ,d- ' I a : 1111. tillEH� s! 1 I1 'f�,ll{.�.{ .rh_..,.. 1077 8 Town Board Minutes June 14 , 1999 APPROVAL OF WARRANTS General Fund Warrant No. 6 of 1999 A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve the General Fund Warrant No . 6 of 1999 voucher numbers 237 - 276 . in the amount of $ 10 , 512 .26 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Abstained Carried Councilperson Steiner abstained approval as he has not had the opportunity to audit the vouchers . Supervisor Horst abstained approval due to conflict with voucher No . 263 submitted by Danby Community Council that included deductions for donations accepted at concerts and receipts not attached . Highway Fund Warrant No. 6 of 1999 A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve the Highway Fund Warrant No . 6 of 1999 voucher numbers 88 - 101 in the amount of $25 , 024 . 08 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried West Danby Water District Warrant No . 6 of 1999 A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve the West Danby Water District Warrant No . 6 of 1999 voucher numbers 16 - 18 in the amount of 4235 . 11 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried Approval of Town Supervisor' s May 1999 Report A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to approve the Town Supervisor' s May 1999 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 Town Clerk' s May 1999 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the Town Clerk ' s May 1999 report as submitted . 1078 9 Town Board Minutes June 14, 1999 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 11 : 00 P .M . Carol W . Sczepa T P own Clerk min-6- 14 . 99