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HomeMy WebLinkAbout2001-03-12 i ' 1 If , j i I 1 j ,, s. ( i . � PIL .Ir. a .1# , ,c A rd E# .¢ Uo1.d . , _ 1 - 1329 1 Town Board Meeting March 12 , 2001 TOWN OF DANBY TOWN BOARD MINUTES MARCH 12 , 2001 PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz ABSENT : Councilperson Gladys Varona-Lacey (Excused) Others Present: Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Frank Proto - County Representative Members of the Public : Robert Roe, Eileen Wright, Ken Horst, Sue Howe, Joe Freedman Supervisor Inman called the meeting to order at 7 : 03 p . m . and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO AGENDA : 1 ) Authorization for Clerk to attend Town Clerks Annual Meeting April 22 - 25 , 2001 . 2) Consenting to the Filing of a Portion of Makarainen Road Deemed to be Abandoned - Resolution 3 ) Authorization for Summer Intern for comprehensive planning . COMMUNICATIONS : 1 ) Memo from Association of Towns - regarding unsafe buildings - Communication 2) Heat Loss report of the Town Hall Building 3 ) Report from the US Census Bureau of dates certain data will be released for Census 2000 . PRIVILEGE OF THE FLOOR: Supervisor Inman reported that the Finger Lakes Cycling Club will hold a bicycle race in the Town of Danby on April 22 , 2001 - noon to 3 : 00 p . m . The race will be on Gunderman, Comfort, Yaple, West King, and Jersey Hill Roads . Marshals will be stationed at each corner and any place where traffic is involved . Town Clerk, Carol Sczepanski reported that Roland Boda will be our new voting machine custodian. He will go to voting machine school in August. Members of the Public : Linda Dorn reported that there is concern about Ed and Frank are meeting at the Danby General Store and that the store gets a lot of advertising in the Danby Area News . REPORTS : EMC Report - Robert Roe reported that the last report released by Cornell University on the monitoring of the radiation disposal site shows that we now have the highest report of pyridoxine in tz- several of the wells there off site . The committee responded to the Substitute Park Land Proposal from the City that their proposal was not acceptable . The committee has a copy of the SEQR for the telecommunication towers and a draft copy of the scopping document . The EMC will suggest that some alterations be made to the scope as it appears to be incomplete . Planning Board Report: Susan Beeners reported that the Planning Board held a public input session on March 1 , 2001 and approximately 25 persons were in attendance. The topics were community services, housing, and the economy. The next public input session will be on March 29 , 2001 at 7 : 30 p.m. and will address transportation, infrastructure and community facilities . The final input session will be on April 19 , 1330 2 Town Board Meeting March 12 , 2001 2001 and will address land use , agriculture, natural resources and rural heritage . It is hoped that these sessions will aid the Town in general ideas of how zoning might be improved in the future . Water Resources Council Report: Linda Dorn reported that she has been officially seated on the titer Resources efforts and and is king nn the Education Committee . She said that she is interested in obtaining grants for programs . Danby Community Council Report: the Board Eileen Wright reported that Community Council met on February yre are 001 coOnne of scheduled members resigned and has been replaced by Pamela Arsenault. and ; 1 ) Classical Concert - April 15 , 2001 (Easter Sunday) - at 00 p .m . he 1 as the Town withall , a F re 2) A folk concert on April 22 , 2001 at 2 : 00 p .m. The Community Department for the 2001 Danby Field Day. Danby Senior Citize Report: n ' s Carol Sczepanski reported that the Danby Senior ' s met o e the lane 2001 f Easter ter dinner oon r a April St luncheon and a tour of the facility. The next meeting will 2001 at 12 : 30 p .m. for a dish-to-pass luncheon . COMCAP Supervisor Inman reported that he has attended three (3) meetings and all have been related to the Tompkins County Telecommunication Towers . A request for an opinion from the Attorney General was requested and received regarding the rights of the Towns . The Attorney' s Opinion was presented and rejected by the County Attorney.two other companies .anbes . to the been Tompkins o agreement Planning Board and bids have been sent to tw P between the County and involved Towns . Tompkins County Representative Report : /- Towers - Several Towns are asking for a certain type of recognition and want to be involved agencies . Water Resources Council -have approved their bi-laws and set three (3 ) year staggered terms for the council comprised of 21 members . Tompkins County Health Committee : With th�helHealth De Department do about press release Disease Representative Proto has requested that p accurate information. Redistricting of County : There is a committee working on re-redistracting of County districts based on the Census 2000 information. The re-redistracting may not be completed by this years elections . Property Tax Exemptions : The City of Ithaca has requested that the County approve a special taxing district that exempts them from County Taxes on new construction above the second floor. The exemption requested is for a 50% exemption on a graduated scale over a period of ten years . Dry Hydrants : Grant funds are available soil and water for dry hydrants and must be applied for by the fire companies . Tompkins Community Action : (EOC) - Bonded 1 .4 million dollars through the County for their new building on Old Spencer Road. Alternatives to Incarceration Programs : He voted against the first five of the programs because there is not a method to evaluate these programs . T-CAT : Ridership is up 15% in rural areas . Better Housing of Tompkins County - Stacey Crawford is very interested in meeting with us regarding senior housing. PRIVILEGE OF THE FLOOR: Members of the Public : Ken Horst - 318 Meadow Wood Terrace - reported that the steering committee ttee contact r o king on whe agriculture program for the Danby School is meeting regularly. There will a ith the Planning Board to inform them about their plans . f• ? I �i 9 I I I � i III i It' � � It 1.. I Y p ' fff 1 3 3 1. 3 Town Board Minutes March 12, 2001 Benjamin ' s One Stop - Supervisor Inman reported that the DEC is involved in testing on the Benjamin ' s site . There has been no feedback from the owners of the property. NEW BUSINESS : RESOLUTION NO. 37 OF 2001 ADOPTION OF A LOCAL LAW AUTHORIZING CONDUCT OF BINGO GAMES BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF DANBY. By Councilperson Strichartz : Seconded by Councilperson Nolte WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on March 7, 2001 to hear all interested parties on a proposed local law entitled " A LOCAL LAW AUTHORIZING CONDUCT OF BINGO GAMES BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF DANBY" ; and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS, said public hearing was duly held on said date and at the time specified in the notice of hearing at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to adopt this local law; now therefore , be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled " A LOCAL LAW AUTHORIZING CONDUCT OF BINGO GAMES BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF DANBY", a copy of which is attached hereto and made a part of, and it is further RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the Local Law Book of the Town of Danby, and to give due notice of the adoption of said local law by publication of such local law or an abstract or summary thereof in the Ithaca Journal and by filing a copy of said local law with the Secretary of State of the State of New York if approved by the electors in a general election to be held on November 6 , 2001 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried TOWN OF DANBY LOCAL LAW NO. OF THE YEAR 2001 A LOCAL LAW AUTHORIZING CONDUCT OF BINGO GAMES BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF DANBY Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . Statutory Authority : Title This Local Law is adopted pursuant to the authority granted by Section 477 of Article 14-H of the General Municipal Law and shall be known as the "Town of Danby Bingo Local Law" . Section 2 . Definitions . The words and terms used in this Local Law shall have the same meanings as such words and terms are used in Article 14-H of the General Municipal Law, unless otherwise provided herein or 1332 unless the context requires a different meaning. Without limiting the foregoing, the definitions of "authorized organization", "lawful purposes", "bingo", "game", as set forth in Section 476 of the General Municipal Law shall have the same definitions for the purposes of this Local Law. Section 3 . Conduct of Bingo Games Authorized : Restrictions . Pursuant to, and in accordance with, the provisions of Section 478 ( 1 ) of the General Municipal Law of the State of New York and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor as provided in Article 14-H of the General Municipal Law and other applicable statutes, to conduct the game of bingo within the territorial limits of the Town of Danby, subject to the provisions of this Local Law, the provisions of Article 14-H of the General Municipal Law, the provisions of the Bingo Control Law (Article 19-B of the Executive Law), and the rules and regulations set forth by any applicable New York State or local agency relating thereto . The conduct of bingo games shall be subject to the restrictions imposed by Section 479 of the General Municipal Law. Section 4 . Sunday Games . Pursuant to Section 485 the conduct of bingo games on Sunday is hereby authorized . Section 5 . Control and Supervision . The powers and duties set forth in subdivision 1 of Section 484 shall be exercised on behalf of the Town of Danby by the Town Supervisor, the Town Clerk, the Town Code Enforcement Officer, and such other person or persons as the Town may direct by resolution from time to time . Section 6 . Mandatory Referendum . In accordance with the provisions of Section 478 (2) of the General Municipal Law and Section 23 ( 1 ) of the Municipal Home Rule Law, this Local Law shall not become operative or effective unless and until it shall have been approved by an affirmative vote of a majority of the qualified electors of the Town voting upon the proposition. Section 7 . Partial Invalidity. If any part or provision of this Local Law or the application thereof to any person or circumstance be judged invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances . Section 8 . Effective Date . This Local Law shall take effect, if approved as set forth above by the electors, on November 6 , 2001 . RESOLUTION NO . 38 OF 2001 APPOINTMENT TO CAYUGA MEDICAL CENTER COMMITTEE By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby appoints Supervisor Edward Inman to serve as the representative from the Town of Danby on the Cayuga Medical Center Committee . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried , 4 � . .; 1 81 { ' L ' � ;II : i lilt / 333 5 Town Board Minutes March 12 , 2001 RESOLUTION NO 39 OF 2001 CREATION OF COMMITTEE FOR RECREATION AND COMMUNITY IMPROVEMENT By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED , that the Town Board of the Town of Danby created a committee to explore the development of a proposed ice skating area for the Town; and it is further RESOLVED, that the Town Board of the Town of Danby appoints Willard Daetsch, Faith Chase, Norbert Nolte, Naomi Strichartz and Gladys Varona-Lacey to the Recreation and Community Improvement Committee to explore community improvements . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried RESOLUTION NO. 40 01-' 2001 CREATION OF REVITALIZATION GRANT COMMITTEE FOR ALL TOWN HALL PROPERTIES By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby created a Revitalization Grant Committee for the Town Hall properties, and it is, further RESOLVED, that the Town Board of the Town of Danby appoints Susan Beeners, Norbert Nolte, and Joel Gagnon to the committee . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried RESOLUTION NO. 41 OF 2001 REAPPOINTMENT TO BOARD OF ZONING APPEALS By Councilperson Strichartz : Seconded by Councilperson Nolte WHEREAS, the Town Board of the Town of Danby appointed Russell Klinger to the Board of Zoning Appeals on February 12, 2001 , and WHEREAS, Russell Klinger has been ill and was unable to take the "Oath of Office" within (thirty) 30 days, now be it RESOLVED, that the Town Board of the Town of Danby reappoints Russell Klinger to the Board of Zoning Appeals for a term to begin immediately and will expire on December 31 , 2005 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried RESOLUTION NO. 42 2001 OF 2001 By Councilperson Nolte : Seconded by Councilperson Strichartz WHEREAS, The Code Enforcement Officer has reported that the second computer system in the office is over 5 years old and does not have the capacity desired for various needed computing / 331 6 Town Board Minutes March 12 , 2001 activities related to code enforcement, street addressing, and zoning and planning matters ; and WHEREAS, the Code Enforcement Officer has reported that an application for reimbursement for code enforcement activities is in process and that it is expected that New York State will provide up to $2000 for such activities during fiscal year 2001 ; and that such reimbursement would be an unanticipated revenue that in effect would partly offset the cost of a proposed new computer system purchase, to include a scanner; now, therefore, it is RESOLVED, That the Town Board of the Town of Danby hereby approves the expenditure of up to $2000 for the purchase of a new computer system by the Code Enforcement Office, with the source of funds to be Account No . A1989 . 400 (Special Items-General government Support-Other Government Support - Contractual) . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried New York State Town Clerk' s Association - Annual Meeting A motion was made by Councilperson Gagnon and seconded by Supervisor Inman that the Town Board of the Town of Danby gives permission for the Town Clerk to attend the 2001 Annual Meeting of the New York State Town Clerk' s Association. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried MAKARAINEN ROAD In the Matter of Consenting to the Filing, by the Town of Danby Highway Superintendent, of a Description of a Portion of the Makarainen Road Highway Right of Way Deemed Abandoned pursuant to New York State Town Highway Law Article 8, Section 205, paragraph 1 . RESOLUTION NO . 43 OF 2001 CONSENTING TO THE FILING OF A DESCRIPTION OF A PORTION OF MAKARAINEN ROAD HIGHWAY RIGHT OF WAY DEEMED ABANDONED By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, Article 8 , Section 205 , Paragraph 1 of the New York State Town Highway Law relating to Town Highways, provides that every highway shall not have been traveled or used as a highway for six years shall cease to be a highway, and that the Town Highway Superintendent with the written consent of a majority of the Town Board shall file, and cause to be recorded in the Town Clerk' s office of the Town a written description, signed by him, and by said Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued ; and WHEREAS, The highway right of way under consideration as so abandoned is described as all that portion of the former Makarainen Road easterly of a point that is 1320 feet easterly of the centerline of the intersection of Makarainen Road and Nelson Road : NOW, THEREFORE, IT IS RESOLVED , that it is the intention of the Town Board of the Town of Danby to consider consenting to the filing, by the Town Highway Superintendent, of a written description, signed by him and by the Town Board, of that portion of the Makarainen Road highway right of way so abandoned, at the Town Board ' s regular meeting on April 9 , 2001 ; subject to compliance with any necessary r , d I , ; I r if F rri t f 33 %? 7 Town Board Minutes March 12, 2001 requirements related to the State Environmental Quality Review Act; and it is further RESOLVED, That the Town Board requests that an easement for a Town Highway turnaround be conveyed by Liselotte Ungers or her duly designated agents at that same time, as more particularly shown on "MAP SHOWING EASEMENT FOR TOWN HIGHWAY TURNAROUND NEAR EASTERN END OF MAKARAINEN ROAD PROPOSED TO BE CONVEYED TO TOWN OF DANBY BY LISELOTTE UNGERS , Draft, S . Beeners, October 4, 2000 " . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Request for Summer Intern for Comprehensive Plan Susan Beeners reported that she would like approval to hire a summer intern to assist the Planning Board on the comprehensive plan. The cost for a summer intern would be $ 1250 for the Town, $ 1250 from Cornell for a total of 10 weeks . It is the same program as last year. Motion to Approve Summer Intern to Work on Comprehensive Plan A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes the Code Enforcement Officer to advertize and hire a person as a summer intern to work on the comprehensive plan. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried Proposed Zoning Changes Susan Beeners presented a revised rough draft for two proposed local laws material to the Board for consideration. The SEQR review is still pending completion of acreage calculations for the EAF. 1 ) A PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES , FRONTAGE DIMENSIONS , AND SETBACKS ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAY; (AND TO ALLOW PRE-EXISTING LOTS WHICH SUBSEQUENTLY MAY NOT CONFORM TO THESE AMENDMENTS TO BE LEGAL NON-CONFORMING LOTS) . 2) A PROPOSED AMENDMENT OF ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES , FRONTAGE DIMENSIONS , AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP ; (AND TO ALLOW PRE-EXISTING LOTS WHICH SUBSEQUENTLY MAY NOT CONFORM TO THESE AMENDMENTS TO BE LEGAL NON-CONFORMING LOTS) After discussion the Board referred the proposed draft local laws to the Planning Board. Supervisor Inman said that he does not like to be handed something at the last minute the night we are expected to act on it without a chance to review the material . RESOLUTION NO. 44 OF 2001 TRANSMIT DRAFT LOCAL LAWS TO AMEND THE ZONING ORDINANCE AND ZONING MAP OF THE TOWN OF DANBY TO THE PLANNING BOARD FOR THEIR RECOMMENDATIONS / 336 8 Town Board Minutes March 12, 2001 By Supervisor Inman: Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby transmits to the Planning Board for their recommendation a proposed local law RELATED TO PRE-EXISTING L "AMENDING THE ZONING ORDINANCE AND ZONING MAP TO REMOVE PROVISIONS THAT PRESENTLY REDUCE LOT SIZES , FRONTAGE DIMENSIONS , AND SETBACKS IN MEDIUM AND LOW DENSITY RESIDENTIAL ZONES ALONG EXISTING ROADS SHOWN AS A SOLID LINE ON THE ZONING MAP ; AND TO MODIFY CERTAIN PROVISIONS OTS AND NON CONFORMING LOTS OF RECORD" and the SEQR review related removing provisions, reducing lot sizes , etc . and hereby requests that the Planning Board make a recommendation to the Town Board in April ; and it is further RESOLVED, that the Town Board of the Town of Danby refers the proposed local law related to "Commercial Target Area" to the Planning Board for recommendation to review in April for a recommendation to the Town Board. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Approval of Town Clerk' s February 2001 Report A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Town Clerk' s February 2001 report as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Supervisor Inman reported that there would not be a February report due to the software program from New York State for reporting the AUD . (Annual Supervisor' s Report) Approval of Warrants General Fund Warrant No. 3 of 2001 A motion was made by Councilperson Strichartz l Fund Warrant Noc2 of 200Noloucher numbers seconded by Counilperson Board of the Town of Danby approves the Genera 79- 127 in the amount of $ 11 ,222 . 81 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Carried Inman Aye Highway Fund Warrant No.3 of 2001 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that t the Town Board of the Town of Danby approve the Highway Department Warrant voucher numbers 25 -39 in the amount of $ 13 , 155 . 64 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Carried Inman Aye 9 Town Board Minutes March 12 , 2001 West Danby Water District Fund Warrant No . 3 of 2001 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 3 of 2001 voucher numbers 8 - 10 in the amount of $209 . 90 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried HR- 1 Account - Building A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon to approve the HR- 1 Account warrant of March 12 , 2001 for HSC Associates in the amount of $ 16, 500 . 00 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Inman Aye Carried ADJOURNMENT : On a motion the meeting adjourned at 9 : 45 p . m . (a d r min-3 - 12 . 01 w ;, 9, / Carol W . Sczep . -411 / own Clerk