Loading...
HomeMy WebLinkAbout2001-02-12 I _ . d � / 1 Town Board Minutes February 12 , 2001 TOWN OF DANBY TOWN BOARD MINUTES FEBRUARY 12 , 2001 PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Guests : Kate Hackett - Tompkins County Planning Department Craig Schutt - Tompkins County SWCD -903 Members of the Public : Roy and Mary Casterline , Willard T. Daetsch, Dan Higgins, Robert Roe, Ken Wolga Following interviews of candidates interested in serving on the Board of Zoning Appeals Supervisor Edward Inman called the meeting to order at 7 : 15 p.m. and led all present to the Pledge of Allegiance to the American flag . Addition to the Agenda : Tompkins County Telecommunications Proposal Update was added under Reports . COMCAP (Communications Capital Projects) - Update added under Reports PRIVILEGE OF THE FLOOR: Councilperson Varona-Lacey suggested that the Town cleaning up the Old Town Barn building and flooding an area at the Old Town Barns for a community skating area. It would be a way of bringing people together in the community. It is something we could consider for the coming year . The Town Clerk Carol Sczepanski reported that the first installment of the 2001 Town and County Taxes have been returned to the County. There were approximately 50 additional payments this year in installments . Many residents expressed concern about the increase in their taxes due to the increase in County Assessments . Members of the Public : Willard Daetsch - 1344 Danby Road - reported that there is not a representative here tonight from Community Council due to the training session at United Way. Supervisor Inman repoted on COMCAP ( Community Capital Projects) and that several municipalities have written letters to the County concerning their desire to be involved agencies in the decisions for the Proposed County Telecommunication System. COMCAP recognizes that we are an interested agency but not an involved agency. Funding by the Town would be necessary to supply the Highway Department and Fire Department trucks with radios . Radios would be a big expense for us and we feel we are an involved agency. Councilperson Gagnon said that he has contacted our Town Attorney and asked for a legal opinion as to whether the Town or a body were to try to assert the point that the Towns belong as involved agencies whether or not they would have any probability of success . The Attorney suggested that the Town use the political arena as opposed to the legal arena to make our point. Supervisor Inman said that Barbara Blanchard will work with the Planning Boards of the Towns . The communication site placements have not been completed at this time. They were not able to supply the Towns with anything concerning the SEQR or a refined outline at this time . They said they would not apply for permits but are willing to talk with us . Their options are that they can build their own system or join the State Program or blend them both . The State communication system will be completed in approximately two (2) years . I I : 1 . 1 . d i i i 1 u . 11 1 I. : i !11 11 1 1 1 1 1 it 1 1111 1 i.1 dv l I . lk . _,, 1313 2 Town Board Minutes February 12 , 2001 Interest on Town Accounts for 2000 Supervisor Inman reported that he has received the Year 2000 Statement from TCTC and the Town received $ 30 , 650 .25 in interest from investments . REPORTS : Planning Board Report: Susan Beeners reported that the regular meeting of the Planning Board will be February 15th and they will hold a Public Information Meeting on March 1 , 2001 at 7 : 30 P . M . Code Enforcement Report: Code Enforcement Officer Susan Beeners reported that the proposed zoning changes is progressing and at the March meeting the Board should receive the SEQR for the two proposed zoning changes . The proposed changes need to be referred to the Planning Board for review as they have not made a recommendation at this time. Within the last eleven years there were 119 housing starts in the low density zones and that excludes Fieldstone Circle and Olde Towne Village . Twenty- six percent (32 of the housing starts) were on lots of less than two acres . EMC Report: The EMC held their organizational meeting in January and there was no meeting in December. The slate of officers was reconfirmed for the year 2001 . The only significant business on the Agenda was the review of replacement of the Southwest Park Development. Danby Community Council : Willard Daetsch reported that the Danby Community Council held their organizational meeting and have formed a Youth Committee. The Youth Committee will focus on events for younger children and families . iiDanby Senior Citizens : Carol Sczepanski reported that the Danby Senior Citizens met on February 1 , 2001 and the entertainment was provided by the Ayers Family and Harry the manikin. The next meeting will be at Longview with a tour and a buffet luncheon. Tompkins County Planning Session : Councilperson Gagnon reported on a Tompkins County Planning Session held on January 20 , 2001 . The focus of the workshop was development of a future land use map for the County. The workshop was attended by representatives from agriculture , development, education, youth, and officials from County municipalities. He reported that the focus of the workshop was to develop a vision of what you would like the County to look like in fifty (50) years based on growth in population and services . NEW BUSINESS : RESOLUTION NO .25 of 2001 APPOINTMENT OF THE TOWN OF DANBY HISTORIAN. By Councilperson Nolte : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby appoints Don Fenton of 1380 Coddington Road, Brooktondale , New York 14817 as Town of Danby Historian . A roll call vote on the resolution resulted as follows : Gagnon Aye t Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO . 26 of 2001 AUTHORIZATION FOR SUPERVISOR TO SIGN COMMUNITY COUNCIL AGREEMENT - 2001 By Councilperson Strichartz : Seconded by Councilperson Nolte 1314 3 Town Board Minutes February 12 , 2001 RESOLVED , that the Town Board of the Town of Danby authorizes the Supervisor to sign the Community Council Agreement for the year 2001 a copy of which is attached and part of this resolution. Community Council Agreement - 2001 This agreement is made this 12th day of February, 2001 between the TOWN OF DANBY with offices at 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the "Town") and DANBY COMMUNITY COUNCIL, whose address is 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the "Contractor") . The Town and Contractor agree as follows : 1 . Services to be Performed . Contractor agrees to perform the following services for the Town : a. Provide programs and services for youth and families including job and job training opportunities for Danby youth and a public access computer facility, and social events for the community ; b . Provide community programs such as concerts, dances , cultural and other programs ; c . Publish and distribute a town news flyer no less than ten ( 10) issues in 2001 , published according to Town Law # 116 ( 13 ) and New York State Comptroller Opinion 94- 5 , distributed to the Post Office no later than the 30th of the month, and in accordance with the guidelines attached ; d . Provide community and social events for the West Danby community cosponsored by the West Danby Community Association; e . Provide phone service and administration support as needed . 2 . Fees . The Contractor shall be paid the following sums for each of the above services ; a. Programs and services for youth and families -- $6255 b . Community programs- $2300 c . Town news flyer -- $4800 d . West Danby Association -- $ 335 g . Phone and administrative support -- $700 Any amount not expended during the contract year will not be rolled over in the absence of consent of the Town Board . 3 . Term of Agreement : The term of this Agreement shall be from January 1 , 2001 , to December 31 , 2001 , unless earlier terminated by either party . Notwithstanding the term set forth above , this Agreement may be terminated in part or in whole by either party at any time for any reason or for no reason upon three days prior notice to the other party . This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party . In the event of termination by the Town, the Town shall pay for those portions of the services rendered prior to the date of termination . 4 . Quality of Work. The services shall be performed diligently and in proficient and efficient manner. Contractor will provide responsible, properly trained, certified (where required) and knowledgeable personnel to perform Contractor' s services to the Town. To the extent the Y I e, E f l' III l 4I , ! , 315 4 Town Board Minutes February 12 , 2001 reimbursement for services pursuant to this contract is based upon hourly rates for Contractor' s employees or providers, Contractor certifies that the time expended shall be reasonable for the services performed and the Town shall not be billed for any time that is not productively used to accomplish the work for the Town. III 5 . Payment for Services . a. Payment for services shall be submitted on the standard Town voucher which will list the services and activities , the dates on which performed or supplied, and, if applicable, the time spent on each indicated date for which the Town is being billed . Unless otherwise agreed, the vouchers shall be submitted monthly on the first of each month covering services for the preceding month, and the Town will review same and, if acceptable pay for the services after submission of the vouchers to the Town board and approval of same by the Board. b . Alternate Procedure . Contractor may supply the Town with a detailed schedule of projected expenditures within a service category. The Town may, at its sole discretion, prepay some of all of the projected expenditures . Any monies not used for the intended purpose shall be immediately returned to the Town, and if not returned, may be deducted from any future payment . 6 . Relationship . The Contractor is, for all purposes (including, without limitation, withholding of income tax , payment of workman' s compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Agreement. Contractor shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Contractor sees fit and for such other persons , firms, or entities as Contractor deems advisable provided that such other services do not NI constitute a conflict of interest with interests of the Town. 7 . Contractor ' s Insurance . Contractor shall provide and maintain insurance coverage for public liability covering Contractor and the Town, its officers, agents, and employees, from and against all suits, claims, loss, liability, or expense (including costs and reasonable attorney ' s fees) by reason of any liability imposed upon the Town or any or all of the foregoing persons for damages because of any injury and death, or because of any property damage, including loss of use thereof, resulting from any conditions of the premises for which reimbursement is being made to the Contractor under this agreement. The amount of the policy shall be at least $ 500 ,000 aggregate limits or in such other amounts as the Town may reasonably require . The Town shall be named as an insured on such policy . The policy may, at the Town' s option, be reviewed by the Town ' s insurance counsel to determine whether it adequately protects the Town and the Contractor shall comply with any reasonable requirement of the insurance counsel . It is understood and agreed that the Contractor shall be primarily liable , and Contractor ' s insurance company shall be the first to respond in the event of any personal injury, property damage, or loss of life arising out the negligence or willful wrongful act of Contractor, or in any way arising out of or related to , any activities or services by Contractor under this contract . 8 . Contractor May Not Assign. This Agreement may not be assigned by the Contractor without the previous written consent of such assignment from the Town, which consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Agreement personally with the Contractor and is not intending that it be performed by any other person or entity. 9 . Binding Nature of Agreement. The Agreement is binding upon the parties, their respective successors and when assignment is permitted, assigns . 10 . Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in Supreme court in Tompkins County, New York, and both parties consent to the jurisdiction of each court. 1316 5 Town Board Minutes February 12 , 2001 11 . Notices . Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally upon the other party at the address set forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at the address set forth above . Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above written . TOWN OF DANBY By Edward Inman, Supervisor DANBY COMMUNITY COUNCIL By Eileen Wright, President Guidelines for Town News Flyer [Danby Area News] Because the Danby Area News is largely subsidized by the taxpayers of the Town of Danby, the content of the publication must be restricted to prevent violation of laws governing permitted uses of taxpayers monies . Accordingly, the content of the Danby Area News shall be limited to those matters that are permitted in a publication by as Town pursuant to Town Law Sections 116( 13 ) and 64( 14) as interpreted by the Comptroller of the State of New York in Comptroller ' s Opinion 94 - 5 . Generally this means the content of the publication is limited to reports relative to the "fiscal affairs, official acts, programs and meetings of boards, commissions, departments and agencies of the Town" (Town Law Section 116( 13 )), or articles advertising the advantages of the Town or promoting the "general, commercial and industrial welfare of the Town" [subject to certain procedural restraints if more than $ 3000 in annual costs of publication are to be incurred (Town Law Section 64( 14)) . The publication may not "include articles by individual [s] . . .which set forth the individual positions and opinions of particular [persons] ", or seek "to convey favoritism, partiality, partisanship , approval or disapproval concerning an issue . " (Comptroller' s Opinion 94-5) . Accordingly, while lists of events, including perhaps events that are other than government sponsored, may be included as promoting the general, commercial and industrial welfare of the Town, individual articles or letters promoting a particular cause (non-profit or otherwise) and political , religious, or other debates or expressions of opinions, are not permitted. cc-agrm. 0l 5 A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO. 27 of 2001 AUTHORIZATION FOR SUPERVISOR TO SIGN SENIOR CITIZEN AGREEMENT - 2001 By Councilperson Strichartz: Seconded by Councilperson Varona-Lacey RESOLVED , that the Town Board of the Town of Danby authorizes the Supervisor to sign the Senior Citizen Agreement for 2001 a copy of which is attached an a part of this resolution. DANBY SENIOR CITIZENS 2001 THIS AGREEMENT is made this 12TH of FEBRUARY 2001 , between the TOWN OF DANBY with offices at 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the "Town") and the DANBY SENIOR CITIZENS, whose address is c/o Gerald Catlin Sr. , 2361 West • 3 , 7 6 Town Board Minutes February 12 , 2001 Danby Road, Spencer, N . Y . 14883 (hereinafter referred to as the "Contractor") . The Town and Contractor agree as follows : 1 . Services to be Performed . Contractor agrees to perform the following services for the Town : (a) Provide programs, including bus trips and other entertainment, for senior citizens . (b) Provide liability insurance for programs 2 . Fees. The Contractor shall be paid the following sum for these services : The cost of the services up to a maximum of Two Thousand Dollars (2 ,000 . 00) for calender year. 3 . Term of Agreement. The term of this Agreement shall be from January 1 , 2001 to December 31 , 2001 unless earlier terminated by either party . Notwithstanding the term set forth above , this Agreement may be terminated in part or in whole by either party at any time for any reason or for no reason upon three days prior notice to the other party . This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party. In the event of termination by the Town, the Town shall pay for those portions of the services rendered prior to the date of termination . 4 . Quality of Work. The services shall be performed diligently and in a proficient and efficient manner. Contractor will provide responsible and knowledgeable personnel to perform Contractor ' s services to the Town. To the extent the reimbursement for services pursuant to this contract is based upon hourly rates for Contractor' s employees or providers, Contractor certifies that the time expended shall be reasonable for the services performed and the Town shall not be billed for any time that is not productively used to accomplish the work for the Town. 5 . Payment for Services . Payment for services shall be submitted on the standard Town voucher which will list the services and activities, the dates on which performed or supplied, and , if applicable, the time spent on each indicated date for which the town is being billed. Unless otherwise agreed, the vouchers shall be submitted monthly on the first of each month covering services for the preceding month, and the Town will review same and, if acceptable, pay for the services after submission of the vouchers to the Town board and approval of same by the Board . 6 . Relationship . The Contractor is , for purposes of this contract (including, without limitation, withholding of income tax, payment of workman' s compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Agreement. Contractor shall determine the times and manner of performance of any services for the Town hereunder consistent with the overall obligations for the work contemplated by this Agreement. Contractor shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Contractor sees fit and for other such persons, firms , or entities as Contractor deems advisable provided that such other services do not constitute a conflict of interest with the interests of the Town . 7 . Contractor' s Insurance. Contractor shall have provided by the Tompkins County Senior Citizens Association insurance coverage for public liability covering Contractor and the Town, its officers, agents, and employees, from and against all suits, claims, loss, liability, or expense (including costs and reasonable attorney' s fees) by reason of any liability imposed upon the Town or any or all of the foregoing persons for damages because of any injury to persons, including bodily injury and death, or because of any property damage, including loss of use thereof, resulting from any conditions of the premises for which reimbursement is being made to the Contractor under this agreement. The amount of the policy shall be at least $ 500, 000 aggregate limits or in such other amounts as the Town may reasonably require . The policy may, at the Town' s option, be reviewed by the Town' s insurance counsel to determine whether it adequately protects the Town and the Contractor shall comply with any reasonable requirement of the insurance counsel. It is understood and agreed that the Contractor shall be primarily liable, and that the Contractor' s insurance shall be the first to respond, in the event . 1318 7 Town Board Minutes February 12, 2001 of any personal injury, property damage, or loss of life arising out of the negligence or willful wrongful act of Contractor, or in any way arising out of, or related to, any activities or services by Contractor under this contract. 8 . Contractor May Not Assign. This Agreement may not be assigned by the Contractor without the previous written consent to such assignment from the town, which consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Agreement personally with the Contractor and is not intending that it be performed by any other person or entity . 9 . Binding Nature of Agreement. This Agreement is binding upon the parties, their respective successors and, when assignment is permitted, assigns . 10 . Governing Law Jurisdiction and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in Supreme Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court. 11 . Notices . Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally upon the other party at the address set forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at the address set forth above . Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above written. Date Gerald Catlin, Sr. , President Danby Senior Citizens Date Edward Inman, Supervisor A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO. 28 OF 2001 INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER By Councilperson Strichartz : Seconded by Councilperson Varona Lacey WHEREAS, Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Danby, owned by one or more persons , each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 476 based upon the income of the owner or combined incomes of the owners, and WHEREAS, A person otherwise qualifying for such exemption shall not be denied such exemption if such person becomes sixty-five (65 ) years of age after the appropriate taxable status date and before December 31 , of the same year, now be it RESOLVED, that the Town Board of the Town of Danby extend Graduated Income Tax Benefit to Senior Citizens as set forth in the following schedule : . . . I 1 11 1 � 1 [ , I13f II I ; E j 1f! _� . . i � . I I I I. .x: 1j 1 0 k ., 1 + L.• 1 It 111 lk 1 ! -- v _ ems. 1319 Town Board Minutes 8 February 12 , 2001 ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION Up to and including $ 19 , 500 . 00 50% $ 19 , 500 or more but less than $20 ,499 . 99 45 % $20 , 500 . 00 or more but less than $21 ,499 . 99 40% $21 , 500 . 00 or more but less than $22 ,499 . 99 35 % $22 , 500 . 00 or more but less than $23 , 399 . 99 30% $23 ,400 . 00 or more but less than $24,299 . 99 25 % $24 , 300 or more but less than $25 , 199 . 99 20% $25 ,200 . 00 or more but less than $26 ,099 . 00 15 % it $26 , 100 . 00 or more but less than $ 26 ,999 . 99 10% $27 ,000 . 00 or more but less than $27 , 899 . 99 5 % and be it further RESOLVED, that this partial exemption provided by this resolution shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York, and be it further RESOLVED, that application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate executed in the manner required or prescribed in such forms, and shall be filed in such assessor' s office on or before the appropriate taxable status date, and be it further RESOLVED , that this resolution supersedes Resolution No . 18 of 1997 . A roll call vote on the resolution resulted as follows : 1 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO. 29 of 2001 PERMISSION FOR SUPERVISOR TO PURCHASE COMPUTER By Councilperson Gagnon : Seconded by Councilperson Strichartz 1320 Town Board Minutes 9 February 12 , 2001 RESOLVED, that the Town Board of the Town mitted . approves the purchase of a lap top computer for the Town Supervisor as per quote sub A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Inman Abstained RESOLUTION NO . 30 of 2001 READOPTION OF THE PUBLIC ACCESS TO RECORDS OF THE TOWN OF DANBY POLICY By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey RESOLVED, that the town of Danby readopts the following corrected "Public Access to Records of the Town of Danby Policy" : ACCESS TO PUBLIC RECORDS OF THE TOWN OF DANBY SECTION I - PURPOSE AND SCOPE A. The people ' s right to know the process of government decision-making and the documents and statistics leading to determinations is basic to our society . Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality . B . These regulations provide information concerning the procedures by which records may be obtained . C . Personnel shall furnish to the public the information and records required by the Freedom of Information Law and those which were furnished to the public prior to its enactment. D . Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records . SECTION II - DESIGNATION OF RECORDS ACCESS OFFICER A. The Supervisor of the Town of Danby, is responsible for insuring compliance with the regulations herein, and designates the following persons as records access officers : The Town Clerk and the Town Justices . B . Records access officers are responsible s Howeveruthe public shall not be denied access public requests for access to rec o to records through officials who have in the past been authorized to make records or information available . C . Records access officers shall assure that personnel : 1 . Maintain an up-to -date subject matter list . 2 . Assist the requester in identifying requested records, if necessary . 3 . Upon locating the records , take one of the following actions in accordance with Section VI - B : a. Make records promptly available for inspection or, b . Deny access to the records in whole or in part and explain in writing • I �� �., LI 5 ! � � I u I I ( I 1L. 1. 1 f I k iI k I ' 4 1 � i tJ J 44 bt 1 9 � � � fll1 SL . _. ol �� _ „ � lA, h � l� lr, Iifl 'c R � 311 G, �....., i +<x 1321 10 Town Board Minutes February 12 , 2001 the reasons therefor. 4 . Upon requests for copies of records : a. Make a copy available upon payment or offer to pay established fees, in accordance with Section VIII, or, b . Permit the requester to copy those records . 5 . Upon request, certify that a transcript is a true copy of records copied for a fee of $2 . 00 . 6 . Upon failure to locate records, certify that : a. The Town of Danby is not the legal custodian for such records , or b . The records of which the Town of Danby is a legal custodian, after diligent search, cannot be found . SECTION III - DESIGNATION OF FISCAL OFFICER A. The supervisor of the Town of Danby is designated the fiscal officer, who will certify the payroll and respond to requests, in accordance with Section VI-B , for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency. B . The fiscal officer shall make the payroll items listed above available to any person including bona fide members of the news media as required under section 88 ( 1 ) (g) , ( 1 ) (I) , and ( 10) of the Freedom of Information Law. SECTION IV - LOCATION Records shall be available for public inspection and copying at : the Town Clerks Office ; the Town Supervisor' s Office and the Town Justices ' Office or at the location where they are kept. SECTION V - HOURS FOR PUBLIC INSPECTION Requests for public access to records shall be accepted and records produced during all hours regularly open for business . Inspection of records is by appointment . SECTION VI - REQUESTS FOR PUBLIC ACCESS TO RECORDS A . Where a request for records is required, such request may be oral or in writing . However, written requests shall not be required for records that have been customarily available without written request. B . 1 . Except under extraordinary circumstances, officials shall respond to a request for records no more than five business days after receipt of the request, whether the request is oral or in writing. 2 . If, because of extraordinary circumstances , more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when reply will be made . C . A request for access to records should be sufficiently detailed to identify the records . Where possible, the requester should supply information regarding dates, titles, file 1322 11 Town Board Minutes February 12 , 2001 designations or other information which may help identify the records . However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable . D . 1 . A current list, by subject matter, of all records produced, filed, or first kept or promulgated after September 1 , 1974 shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the records sought. 2 . The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page . The updating of the subject matter list shall not be less than semiannual . E . No records may be removed by the requester from the office where the record is located . SECTION VII - DENIAL OF ACCESS TO RECORDS A. Denial of access to records shall be in writing stating the reason therefore and advising the requester of the right to appeal to the individual or body established to hear appeals . B . If requested records are not provided promptly, as required in section VI-B of these regulations, such failure shall also be deemed a denial of access . C . The Town Board of the Town of Danby shall hear appeals for denial of access to records under the Freedom of Information Law . D . The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying : 1 . The date of the appeal . 2 . The date and location of the requests for records . 3 . The records to which the requester was denied access . 4 . Whether the denial of access was in writing or was by failure to provide records promptly as required by section VI-B . 5 . The name and address of the requester . E . The individual or body designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal . F . A final denial of access to a requested record, as provided for in subdivision E of this section, shall be subject to court review, as provided for in article 78 of the Civil Practice Law and Rules . SECTION VIII - FEES . A . The fees charged have been set forth by the Town Board of the Town of Danby and are as follows : 1 . Search for records - $2 . 00 0 4 12 Town Board Minutes February 12 , 2001 2 . Any certification pursuant to this part - $2 . 00 B . The fee for photocopies not exceeding 8 '/2 by 14 inches is $ . 25 (twenty-five cents) per page . Photocopies exceeding 8 1/2 by 14 inches shall be the actual reproduction cost . SECTION IX - PUBLIC NOTICE &notice containing the job title or name and business address of the records access officers and fiscal officer; the name, job title, business address and telephone number of the appeals body; and the location where records can be seen or copied, shall be posted in a conspicuous location wherever records are kept. SECTION X - SEVERABILITY If any provision of these regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons or circumstances . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Rezoning Proposal - West Jersey Hill Road - Ken Wolja Ken Wolja addressed the Board with a request for rezoning of a property on Town Line Road to put a small development on his property of 5 . 79 +/- acres . The property is located in a low density zone and the Danby Zoning requirement allows for development for smaller lots but not for multiple residences . He explained his proposal for a multi unit development to the Board . He said that he is not considering condominiums at all although the dwellings are proposed to be similar in structure but would be rental units . Susan reported to the Board that in the proposal notes she reported that it is close to VanDeMark' s apartment complex . There is the objective to have different kinds of housing types scattered throughout town and not in one group area, There is a potential for litigation of spot zoning . There is a question about the size of the land to be used for the development and whether it would meet the criteria for a five (5) acre minimum Planned Development. She said she thinks this proposal is a good idea for the land use but she sees some problems with the zoning unless the Board wants to entertain that this is a planned development zone or is it high density residential zone . Councilperson Strichartz said she would be concerned about the availability of water in the area. Supervisor Inman said that he does not think that the Board could approve of the proposal without having some major changes in the zoning ordinance. He said that he does not think this proposal as designed would not be successful . Tompkins County Flood Mitigation Projects Representative Kate Hackett from Tompkins County Planning Department and Craig Schutt from Tompkins County Soil and Water Conservation District addressed the Board and public with a presentation of the services available to municipalities and homeowners through FHM . Pre application procedures have been put in place to be reviewed before application is made for funding . 1 3 2 4 13 Town Board Minutes February 12 , 2001 RESOLUTION NO. 31 OF 2001 RESOLUTION RATIFYING THE NAME OF HOWLAND ROAD, AND DISCONTINUING ITS FORMER NAME, "JOHN HILL ROAD" By Councilperson Strichartz : Seconded by Councilperson Nolte WHEREAS , a road in the Town of Danby which intersects with South Danby Road and with Brenda Lee Lane has had two names on occasion, being "John Hill" and "Howland" Road; and WHEREAS, the Town Code Enforcement Officer has been informed that the residents on this road would like the official name of the road to be "Howland Road" , and that any reference to "John Hill road" be discontinued; and WHEREAS , the owners of property adjacent to this road have been notified of this action; and WHEREAS, the changing of the road name is a Type II action for which no further environmental review is required; now, therefore, it is RESOLVED, that the Town board of the Town of Danby, pursuant to Town Law Section 64 , Paragraph 9, hereby ratifies the name of this road, which commences at its intersection with South Danby Road (south of Peter Road) , and which runs easterly past its intersection with Brenda Lee Lane a total distance of 3325+/- feet from the centerline of South Danby Road, as "Howland Road" , as shown on "Appendix A" which is made part of this resolution; and it is further RESOLVED , that the Town Board directs the Town Clerk to make the appropriate notifications related to this name change, as provided in Section 64 , Paragraph 9 of Town Law . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO . 32 OF 2001 AUTHORIZATION FOR ASSISTANCE RELATED TO DATA BASE DEVELOPMENT FOR CODE ENFORCEMENT AND ZONING PURPOSES By Councilperson Gagnon: Seconded by Councilperson Strichartz WHEREAS, the Code Enforcement Officer has requested that the Tompkins County information Technology Services Department and Assessment Department provide assistance in the development of data bases related to Code Enforcement and Zoning purposes ; and WHEREAS, the Code Enforcement Officer has reported that this project is expected to be further defined in the next weeks and is expected to benefit various Town offices, and has asked that the Town Board approve an initial level of assistance for this project, NOW THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby approves the expenditure of up to $ 250 . 00 from Account A 1989 . 400 for the retention of a person with experience in computer programs and data base development for this purpose . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Inman Aye . .. . . a 14 Town Board Minutes February 12 , 2001 RESOLUTION NO . 33 OF 2001 AUTHORIZE CODE ENFORCEMENT OFFICER TO ASSIST THE TOWN BOARD IN DEVELOPING VARIOUS OPTIONS FOR APPLICATION(s) TO TOMPKINS COUNTY COMMERCIAL REVITALIZATION GRANT PROGRAM By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, the next grant round for the Tompkins County Commercial Revitalization Grant Program is anticipated to occur in May, 2001 , and WHEREAS, the current guidelines for that program include the ability for multiple applications to be submitted by an applicant, NOW, THEREFORE, IT IS RESOLVED, that the Town board of the Town of Danby authorizes the Code Enforcement Officer to assist the Town Board in the investigation and development of an application for such program. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Approval of Town Supervisor' s January and February 2001 Reports A motion was made by Councilperson and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Town Supervisor' s January and February reports as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Approval of Town Clerk' s January Report A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Town Clerk' s January report as submitted A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously APPROVAL OF WARRANTS Highway Fund Warrant No. 2 of 2001 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 2 of 2001 voucher numbers 7-24 in the amount of $43 ,422 . 98 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye 1326 15 Town Board Minutes February 12 , 2001 Varona-Lacey Aye Inman Aye Carried Unanimously West Danby Water District Fund Warrant No. 2 of 2001 A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approve the West Danby Water District Fund Warrant No . 2 of 2001 voucher numbers 5 - 7 in the amount of $ 899 . 39 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously General Fund Warrant No . 2 of 2001 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the General Fund Warrant No . 2 of 2001 voucher numbers 20-78 in the amount of $ 12 , 695 . 97 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Abstract of Vouchers - Trust and Agency Account A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the expenditure of $ 1 ,454 . 74 for Comi Telecommunication Services Consulting Fee . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Motion to Adjourn to Executive Session A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz at 9 : 50 p.m. that the Town Board of the Town of Danby adjourn to executive session to discuss candidates for possible appointment to the Planning Board and the Board of Zoning Appeals . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Board Meeting Reconvened The Town Board meeting reconvened to regular session at 10 : 25 p . m . . . I 4 I I , ; ' k ii Ii , I ' taIr 1 . }(({ rp I � � � 1 1327 16 Town Board Minutes February 12 , 2001 RESOLUTION NO. 34 of 2001 APPOINTMENT TO THE TOWN OF DANBY PLANNING BOARD By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby re-appoints Linda Hansen of 1870 Danby Road, Ithaca, New York to the Town of Danby Planning Board for a seven (7) year term. to begin immediately and expires on December 31 , 2007 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO . 35 of 2001 APPOINTMENT TO THE TOWN OF DANBY BOARD OF ZONING APPEALS By Councilperson Nolte : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby appoints Russell Klinger of 11 Hill Road, Ithaca, New York to the Board of Zoning Appeals for a five (5 ) year term to begin immediately and expires on December 31 , 2005 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Special Session of the Board Scheduled A Special Session of the Board was scheduled for Monday, February 19 , 2001 at 7 : 00 p .m . to interview Board of Zoning Appeals members who are interested in possible appointment as Chair of the BZA. ADJOURNMENT : On a motion the meeting adjourned at 10 : 35 p . m . 4.4, t l Vt/ ' G'vtitl�iJ Carol W . Sczepaniown Clerk min-2- 12 . 01