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HomeMy WebLinkAbout2001-07-16 i " rl ' I it i fl 1367 1 Town Board Minutes July 16, 2001 TOWN OF DANBY TOWN BOARD MINUTES JULY 16, 2001 PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Naomi Strichartz, Gladys Varona-Lacey ABSENT : Councilperson Nolte (Excused) Others Present: Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public : Mary and Roy Casterline, Ames Brown, Robert Roe , Esther Dotson, Laurene Gilbert, Pat Woodworth, Joan and Roger Grant Supervisor Edward Inman called the meeting to order at 7 : 01 p .m . and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO AGENDA 1 ) Councilperson Strichartz requested the addition of Appointment of Town Historian. 2 ) Consideration of approval to contract for the concrete and painting of Town Hall properties . 3 ) Water Testing at Jennings Pond - discussion 4) Recreation Partnership request for additional fees - discussion No Board member objected. PRIVILEGE OF THE FLOOR Town Clerk Carol Sczepanski reported that she has received notification from the New York State Archives of a Grant Award in the amount of $4139 . 00 for indexing our Town of Danby Minutes . She is hosting a workshop for the NYS Archives on August 2, 2001 for first time grant participants . Joan Grant of 97 Michigan Hollow Road addressed the Board and stated that she was willing to offer her services and is interested in being appointed the Town Historian. She also is interested in writing articles for the Danby Area News about the history of Danby. She does not have space to store the historians records . Motion to Appoint New Town Historian A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey to appoint Joan Grant of 97 Michigan Hollow Road, Spencer, New York 14883 as Town of Danby Historian . A roll call vote on the motion resulted as follows : Councilperson Nolte - excused Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Approval of Supervisor' s June 2001 Report: A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approve the Town Supervisor' s June 2001 report as submitted : A roll call vote on the motion resulted as follows : 1368 2 Town Board Minutes July 16, 2001 Councilperson Nolte - excused Gagnon Aye Strichartz Aye Varona-Lacey Aye Carried Approval of the Town Clerk' s A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approve the Town Clerk' s June 2001 report as submitted . A roll call vote on the motion resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried EMC Report : Robert Roe reported that at the July l lth meeting of the EMC that the issue of telecommunication towers for the County is on hold. They have received presentations from four (4) vendors . Other issues were that were presented to the EMC were : 1 ) jet skies on Cayuga Lake : 2) gas leasing initiatives in Tompkins County on County owned parcels . Tompkins County is the only county in the State of New York where the Federal Government retains 75 % of the mineral rights in our State Forests . Planning Board Report: Chairperson of the Planning Board Laurene Gilbert reported that there will be two (2) representatives from the Department of Conservation here for the Planning Board Meeting on Wednesday, July 18 at 7 : 00 p .m . to give a presentation on gas drilling and leasing. Highway Department Report - June 2001 - Received Zoning June 2001 Report - Received Susan Beeners reported that this has been a slow year as far as building goes . She has spent a lot of time working on various aspects of the Town Hall Site improvement. She believes the funds for the summer intern was well spent and asked the Town Board to consider authorizing an additional fifty a (50) hours to continue the services of the intern at $ 13 . 75 per hour . She is working with Comi Telecommunications on a co-location application for the Durfee Hill Tower . Recreation Partnership : Councilperson Strichartz reported that the Recreation Partnership would like to charge a 3 % increase to municipalities to place in a contingency account. The cost to the Town of Danby would be $ 57 . 00 in additional funds . Motion to Approve of an Increase of 3 % for the Recreation Partnership A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves of an increase of 3 % in the amount of $ 57 . 00 for the Recreation Partnership Contingency Fund . A roll call vote on the motion resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Community Council Report : Councilperson Strichartz reported that Community Council is working with the Danby Fire Department on the Danby Fair to be held on July 28 . Several bands have been hired and there is a lot of fun activities planned. There will be a chicken barbeque beginning at noon and all children will if f 1C # u.Y 1369 3 Town Board Minutes July 16 , 2001 receive a free book. Danby Senior Citizens Report Carol Sczepanski reported that the Danby Senior Citizens held their Annual Picnic on July 5 at the former West Danby Ball Park. The event was attended by 40 senior' s and the entertainment was provided by the Hubble ' s band . COMMUNICATIONS : Dog Control Report -S P C A May 2001 Report Received West Danby Water District Report The West Danby Water District has submitted their water quality report has been received and is posted at the Town Hall and the West Danby Fire Hall . The NYS Health Departments and Tompkins County Health Department have received copies of the report . OLD BUSINESS : RESOLUTION 64 of 2001 APPOINTMENT TO COUNTY YOUTH BOARD By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby recommends the appointment of Patricia VandeBogart of 2410 Danby Road, Willseyville , New York 13864 to the Tompkins County Youth Board as the representative from Danby. A roll call vote on the resolution resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried RESOLUTION NO. 65 of 2001 TOWN HALL OPEN HOUSE DATE By Councilperson Strichartz : Seconded by Councilperson Varona Lacey RESOLVED, that the Town Board of the Town of Danby sets the date of Saturday, September 15 , 2001 from 2 - 4 p .m. for a open house event for the Town Hall . A roll call vote on the resolution resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried RESOLUTION NO. 66 of 2001 TRANSFER OF HIGHWAY FUNDS By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, there is a balance remaining in the encumbered account DA600 from an invoice that was lower than expected, and WHEREAS, the Town Highway Superintendent has requested that this balance be transferred to DA5130 . 400, now be it RESOLVED , that the Town Board of the Town of Danby transfers the balance in the DA-600 account to DA5130 . 400 . A roll call vote on the resolution resulted as follows : Councilperson Nolte excused. 1370 4 Town Board Minutes July 16 , 2001 Gagnon Aye Strichartz Aye Varona-Lacey Aye Carried Inman Aye RESOLUTION 67 of 2001 TRANSFER OF FUNDS By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, In February of this year, voucher #61 (General Fund Warrant) in the amount of $215 . 96 was coded and paid from A8010 . 200 zoning equipment account in error, and WHEREAS , account A8010 .200 is the Code Office equipment account and office supplies are a contractual expense to be charged to A8010 . 400 , now be it RESOLVED , that $215 . 96 be transferred from A8010 . 200 to A8010 .400 . A roll call vote on the resolution resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Carried Inman Aye RESOLUTION NO 68 of 2001 ENDORSEMENT AND SUBMISSION T ON AND HISTORIC PRESERVATION STATE OFFICE OF PARKS, RECREATION TION UNDER THE ENVIRONMENTAL PROTECTION FUND AND/OR CLEAN WATER/CLEAN AIR BOND ACT By Councilperson Strichartz: Seconded by Councilperson Varona-Lacey WHEREAS , the Town of Danby is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund and/or Clean Water/Clean Air Bond Act for a park project to be located near the Danby Federated Church on New York State Route 96B , a site located within the territorial jurisdiction of this Town Board ; and WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the approval and endorsement of the Town Board of the Town of Danby in which the project will be located ; now therefore be it RESOLVED , by this Town Board of the Town of Danby hereby does approve and endorse the application of the Town of Danby for a grant under the Environmental Protection Fund for a park project known as Danby Community Park and located within this community; and further RESOLVED, that said property shall be forever maintained by the Town of Danby as a municipal park in this community consistent with the rules promulgated by OPRHP . A roll call vote on the resolution resulted as follows : Councilperson Nolte excused . Gagnon Aye Strichartz Aye Varona-Lacey Aye Carried Inman Aye Jennings Pond Report : Supervisor Inman reported that there is a new requirement for testing of the water at Jennings Pond for the swim program. The agreement requires testing but this is the first time that the Town has been charged for the tests . More funds may be required for this weekly testing. i Ito us C. teir RESOLUTION NO . 67 OF 2001 RESOLUTION AUTHORIZING THE OBTAINING OF BIDS FOR THE PARTIAL DEMOLITION AND SECURING OF THE PREMISES AT 1860 DANBY ROAD WHEREAS , on or about June 1 , 1999 the premises at 1860 Danby Road known as Benjamin' s One Stop ("the Premises") were damaged as a result of fire ; WHEREAS, the Code Enforcement Officer of the Town prepared a report, based in part upon a report of Mr. Greg Dende, Professional Engineer, determining that the building on the Premises' ("the Building") was unsafe and dangerous, as defined in the Town of Danby Local Law No . 4 of 2000, by reason of structural and other damage resulting from the fire in the Building; and WHEREAS, a copy of such report was delivered to the members of the Town Board; and WHEREAS , the notice required by Section 6 of Local Law No . 4 of the year 2000 was served in accordance with the provisions of such Local Law upon the owners of the Premises; and WHEREAS, a copy of such notice as so served has been filed in the office of the County Clerk of the County of Tompkins; and WHEREAS , notice was given to the owners that a hearing before the Town Board was to be held on November 8, 2000 ; and WHEREAS , on November 8 , 2000, neither the owner nor any other individuals or persons acting on behalf of the owner appeared to contradict any of the findings contained in said report and earlier determination of the Town regarding the dangerous and unsafe condition of the Building; and WHEREAS , the owners have neglected to repair or demolish such portions as the Building as may be necessary in order to render it safe; NOW, THEREFORE, be it RESOLVED, that the Town Supervisor with the assistance of the Code Enforcement Officer and the Attorney for the Town is hereby authorized and directed to take such steps as may be necessary or appropriate in order to demolish and remove sections A, B, and C of the Building located at 1860 Danby Road, the portions of the Building denominated A, B, and C, being shown on a sketch map dated 6/ 14/00 and revised 10/30/00 which sketch map accompanied the above referenced notice to the owners; and it is further RESOLVED, that in the event the cost of such partial demolition and securing of the remainder of 1 \ t l Danby/Benjamins Obtaining Bids - August 8 , 2001 the Building is anticipated to exceed $20, 000, the Town Supervisor is authorized and directed to solicit bids in accordance with the General Municipal Laws relating the public bidding for such demolition; and it is further RESOLVED , that the Town Supervisor, with the assistance of the Code Enforcement Officer and the Attorney for the Town solicit consent from the owner of the property to enter on the property from time to time as may be necessary to show prospective bidders the work to be accomplished, to conduct any further environmental investigations such as asbestos investigations, to obtain any engineering or other information relevant to the process, and for such other purposes as may be reasonably related to the partial demolition and securing of the building and for the purposes of effecting the actual partial demolition and securing of remaining portions of the Building to render the Premises safe; and it is further RESOLVED, that in the event such consent is not forthcoming within a reasonable period of time of its solicitation, that the Town Supervisor, with the assistance of the Code Enforcement Officer and the Attorney for the Town, is hereby authorized and directed to institute such legal proceedings against the owner of the property on behalf of the Town, such legal proceedings to be as determined by the Town Supervisor with the advice of the Attorney for the Town and may include applications for administrative warrants and/or applications for a general order permitting access to the property from time to time as needed in conjunction with the demolition and related proceedings; and it is further RESOLVED, that all costs incurred in connection with the demolition, including attorneys fees for any legal proceedings, be (a) Assessed against the premises and collected in the same manner as a special ad valorem levy, or (b) The subject of a special proceeding pursuant to General Municipal Law Section 78-b against the owner, or (c) Be the subject of such other proceeding as may be legally available to the Town, whichever process the Town Supervisor, with the advice of the Attorney for the Town, deems most likely to result in recovery of said expenses by the Town; and RESOLVED, that the Town Supervisor, the Code Enforcement Officer, the Attorney for the 2 � 1 ' I �' � ( ' � ) rill F� f1 fi *H* t) i i 1 r4 ,pfv II 4 ' t, 1 . . i . . I y !1 ..tr,rt--It. -- _ , . ,. { } DanbyBenjamins Obtaining Bids - August 8 , 2001 Town and other officers and agents of the Town be and each hereby is authorized to take such additional steps, to secure such additional documents, and to bring such additional proceedings as the Town Supervisor may, in his discretion, deem necessary, desirable, or appropriate in order to effectuate the intention of the foregoing resolutions, his institution of such action to be deemed due approval of same by this Town Board. 3 1371 5 Town Board Minutes July 16, 2001 Concrete and Painting at the Town Hall : Councilperson Gagnon would like the Board to commit to doing the concrete work and the painting of the Town Hall properties whether or not we get a Revitalization Grant. Motion to do Concrete Work and Painting of Town Hall Properties : A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby commits to doing the concrete work regardless or not if we get the Revitalization Grant and that the painting of the Town Hall be contingent upon whether we receive the Revitalization Grant. A roll call vote on the motion resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Gas Drilling : Councilperson Strichartz reported that one of the things that have come up in the Lodi area related to gas drilling is the cost to the local fire departments for putting out fires started from the drilling process . She would like the Board to consider a resolution or a local law that would require reimbursement of expense should drilling occur here . Code Enforcement Officer Susan Beeners said that if the Town enacted a local law amending the ordinance to make utilities subject to special permits then the Town could conceivable have as a condition at least the construction of fire ponds and dry hydrants to put out fires in the vicinity if you could build enough documentation that there was a potential fire hazard . Motion to Authorize Consultation With Town Attorney A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby authorizes the Code Enforcement Officer and Councilperson Gagnon to consult with the Town Attorney to draft proposed special permit procedures to be added to the ordinance for the Planning Board to review for their recommendations and suggestions . A roll call vote on the motion resulted as follows : Councilperson Nolte excused . Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Intern for Comprehensive Plan : Supervisor Inman reported that the Code Enforcement Officer is requesting funds to extend the Summer Intern hours for the Comprehensive Plan. The Board discussed the number of intern workers the Town has had working on the comprehensive plan and where the funds were in the budget. Motion to Approve of Funds for Intern for the Comprehensive Plan A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to extend the hours for Joan Chen by fifty (50) hours at $ 13 . 75 per hour to help with the Comprehensive Plan. A roll call vote on the motion resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried 372 6 Town Board Minutes July 16, 2001 Motion to Adjourn to Executive Session at 8 : 40 p.m. A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey to adjourn to executive session at 8 :40 p .m. to discuss pending and current litigation in a matter related to real property located at 1860 Danby Road . A roll call vote on the motion resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Meeting Reconvened at 9 : 15 The Board reconvened at 9 : 15 p.m. APPROVAL OF WARRANTS ; General Fund Warrant No. 7 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 . 7 of 2001 voucher numbers 252 -294 in the amount of $9 ,411 . 59 . A roll call vote on the motion resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Highway Department Warrant No. 7 of 2001 A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Highway Department Warrant No . 7 of 2001 voucher numbers 86- 102 in the amount of R26 ,251 . 47 . A roll call vote on the motion resulted as follows : Councilperson Nolte excused . Gagnon Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried West Danby Water District Warrant No. 7 of 2001 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves he West Danby Water District Warrant No . 7 voucher numbers 24-28 in the amount of $937 . 39 . A roll call vote on the motion resulted as follows : Councilperson Nolte excused. Gagnon Aye Strichartz Aye Varona-Lacey Aye Carried 1 Inman Aye ADJOURNMENT : On a motion the meeting adjourned at 9 : 40 p .m. ha /A 1 / vi 44 Carol W . czepanski , A n Clerk a �4