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HomeMy WebLinkAbout2002-02-11 I 1[ 1 , � . j I[ 14 it :.� If I , 1 I '7 � I � f � 3 : { f� �k}{j� i6 ia N I ..I � 4 f tM1 , f814 6 : I I. I I ? 1 f I: . 7. Il .l .i si . 3 P Liiri TOWN OF DANBY TOWN BOARD MINUTES FEBRUARY 11 , 2002 Regular Meeting PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Naomi Strichartz, Gladys Varona-Lacey Norbert Nolte (arrived 7 : 35) Others Present : Frank Proto - County Representative Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Sue Howe - Highway Department Secretary Members of the Public : Roy Casterline, Greg and Kate Norkus, Sara Quick, Judy Willis , Joan Burton, Tom Seaney, Nancy Medsker, Todd Rose , Robert and Faith Chase , Ames Brown Supervisor Dietrich called the meeting to order at 7 : 00 p .m . and led all present to the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA : Councilperson Gagnon asked that a brief report on the Town Hall lighting be added to the Agenda. No Board Member objected . PRIVILEGE OF THE FLOOR FROM PUBLIC Gregory Norkus addressed the Board with concerns with a property on Hornbrook Road that does not conform with the low density zoning laws , setback requirements, and to the placement of a double wide manufactured home in his neighborhood. Excavation work has begun on the property. There is also concern that a mobile home on Marsh Road is no longer in use and should be removed. Supervisor Dietrich asked the Code Enforcement Officer to answer questions from the neighborhood residents . Susan Beeners said that the minimum lot size for a new lot was changed to two (2) acres in July 2001 and the amendment to the ordinance has a section for pre-existing lots . Any pre-existing lot that was a legal building lot prior to the date of any amendment thereto shall remain a legal building lot as long as it conforms with the set backs . It is a legal building lot, septic permit is in hand and double wide manufactured homes have been permitted by state building permits since 1993 or 1994 . Approximately one third of the Towns housing each year is double wide manufactured homes . The mobile home matter in the neighborhood is something that will be handled very soon and the owner will be ordered to remove the single-wide mobile home . Councilperson Gagnon explained the difference between double wide manufactured homes and modular homes . Ames Brown asked the status of the Veterans Gold Star Exemption for the Town. Susan Beeners explained that there were two exemptions proposed by Tompkins County . One for Veterans and one for Gold Star Parent Exemption Pica 2 Town Board Minutes February 11 , 2002 REPORTS : Highway Report : Sue Howe reported that she submitted the Highway Report to the Board at the Agenda Meeting on February 4 , 2002 . She asked that the Board raise from the table Resolution No . 24 of 2002 for permission to purchase equipment in excess of $2 , 500 . 00 . She has an appointment with the bookkeeper for Tuesday to review the warrant process . Vouchers are not available early in the month and many will not be available for the Agenda meetings . There is concern that warrants are not paid on a timely basis . County Representative Report - Representative Frank Proto Gold Star Exemptions - was not passed by the Governmental Operations Committee because there were not enough members present at the meeting. Fire Tax Exemption - when a fire district has fire commissioners the fire tax exemption is decided by the fire district. Invitation for Town Supervisors to Speak - the County Board has extended invitations to the Town Supervisors to address the Board . NYSDEC- Recreational State Forest Master Plan - The deadline for the submission of comments and questions from Towns and public is the end of this month. Water Resources Council - met today and are getting their work plan finalized for this year . Danby School (Academy) Committee - the Academy will receive an additional $ 50 ,000 . 00 and they will be meeting with the Ithaca City School District on February 14 , 2002 . Libraries - A special committee has been formed to look at different ways to fund the libraries and reading rooms . Charter Review Committee - One of the issues is that when a County Representative resigns their seat the Town Boards of the respective districts select a representative to fill the seat of the unexpired term or until the next general election. There is movement in the committee to change the process to institute a special election to fill the vacancy. Senior Citizens - Over the last two years he has received many requests in regard to whether we are going to have a senior citizens housing project in Danby . He has met Stacey Crawford from Better Housing for Tompkins County to begin a survey to find out if there is interest and whether there is financing available . Supervisor Dietrich reported to Representative Proto that many residents in Danby with Willseyville, Newfield, Brooktondale and Spencer zip codes are not in the local Verizon Telephone Directory . Businesses had the opportunity to be included in their phone book but did not notify the residents . Complaints have been sent to Venizon and they have been unwilling to discuss the issue . This affects the Tompkins County 911 system and response time for emergencies . OLD BUSINESS : Tabled Resolution No . 24 of 2002 A motion was made by Supervisor Fredric Dietrich and seconded by Councilperson Gagnon that the Town Board of the Town of Danby to raise from the table Resolution No . 24 of 2002 . RESOLUTION NO. 24 OF 2002 AUTHORIZATION OF FUNDS FOR HIGHWAY DEPARTMENT TO PURCHASE OF EQUIPMENT IN EXCESS OF $2 ,500 .00 By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, Town of Danby Resolution No . 5 of 2002 requires that the Town of Danby Highway Superintendent obtain authorization for the Town Board to purchase tools, equipment, etc . exceeding $2 , 500 . 00 and WHEREAS, The Town of Danby Highway Superintendent has requested authorization to spend $4000 .00 for a sign post pounder, now be it RESOLVED, that the Town Board of the Town of Danby authorizes the Highway Superintendent to spend $4 ,000 . 00 for a sign post pounder . A roll call vote on the resolution resulted as follows : I I �.i � � I i 1 , �, , ,. i : - 3 . 1 it II kk I 443 3 Town Board Minutes February 11 , 2002 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Code Enforcement Officer - Report (Zoning) Sue Beeners said she submitted her monthly report tonight . She is trying to be more explicit about what work is done in their office and activities are listed on page three (3 ) of the report . Cooperative Extension -Meeting for Farmer' s Market Information Motion to Authorize Use of the Town Hall for Cooperative Extension Meeting - Farmer' s Market Information A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorize the use of the Town Hall for a meeting if the group decides it is the appropriate place to have a meeting in. The tentative date for the public meeting is Thursday, February 28 , 2002 at 7 : 00 p. m . to hear information regarding a possible Farmer ' s Market in Danby. A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously NEW BUSINESS : RESOLUTION NO. 27 OF 2002 RECOMMENDATION FOR APPOINTMENT - TOMPKINS COUNTY FIRE, DISASTER AND EMS BOARD By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby recommends the appointment of John W. Smith of 2323 West Danby Road, Spencer, NY 14883 to the Tompkins County Fire, Disaster and EMS Board for a three (3 ) year term to begin immediately and expire on December 31 , 2003 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 28 OF 2002 AUTHORIZATION FOR SUPERVISOR AND DEPUTY SUPERVISOR TO SIGN CHECKS FOR THE TOWN OF DANBY By Councilperson Gagnon : Seconded by Councilperson Varona Lacey WHEREAS , Tompkins Trust Company requires authorization from the Town Board for the Supervisor and Deputy Supervisor to sign Town of Danby checks, now be it RESOLVED, that the Town Board of the Town of Danby authorizes Supervisor Fredric Dietrich and Deputy Town Supervisor Naomi Strichartz to sign checks at Tompkins Trust Company for the Town of Danby. 1 4 4 4 4 Town Board Minutes February 11 , 2002 A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Supervisor Dietrich reported that he has a obtained a signature stamp to be used as a backup for the bookkeeper to use in the event of an emergency when he may not be available to sign the highway payroll checks on a timely basis . RESOLUTION NO. 29 OF 2002 ENCUMBRANCE OF ESCROW ACCOUNT - DURFEE HILL INDEPENDENT WIRELESS ONE By Councilperson Gagnon : Seconded by Supervisor Dietrich WHEREAS, the 2001 year end balance of Trust and Agency Account TA- 85 , being the remaining funds deposited by Independent Wireless One (IWO) in 2001 for review of that organization ' s application related to collocation on the Durfee Hill Road Telecommunications Tower, was $4 , 333 . 76 ; and WHEREAS, IWO transmitted an additional $404 . 62 for deposit in the Trust and Agency TA- 85 in January, 2002 , and that amount has so been deposited ; and WHEREAS , the Town Board on January 14 , 2002 approved the payment of Comi Telecommunications Services invoice dated September 10 , 2001 , in the amount of $4,448 . 33 from the Trust and Agency TA- 85 ; and WHEREAS , the Town Board in October, 2001 had paid Attorney fees associated with review of IWO collocation application in the amount of $ 394 . 05 out of the Attorney account (A1420 . 400) , pending resolution of a dispute related to the September 10 , 2001 Comi Telecommunications invoice ; NOW THEREFORE , IT IS RESOLVED , that the Town Board of the Town of Danby hereby encumbers $4 , 336 . 76 , being the year end balance of Trust and Agency Account TA- 85 , being the remaining funds deposited by Independent Wireless One (IWO) in 2001 for review of that organization ' s application related to collocation on Durfee Hill Road Telecommunications Tower; and it is FURTHER RESOLVED, that the Town Board hereby authorizes the transfer of $ 394 . 05 from Trust and Agency TA- 85 to credit the 2001 Attorney account (A1420 . 400) from which Attorney fees associated with said application were originally paid on October 9 , 2001 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval for Wireless Telecommunications Facilities Consultant RESOLUTION NO. 30 OF 2002 AUTHORIZATION FOR TOWN SUPERVISOR AND PLANNING BOARD CHAIRPERSON TO SELECT A CONSULTANT FOR REVIEW OF SPECIAL USE PERMIT APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS , Town of Danby Local Law No . 3 of 1999 , "A LOCAL LAW REGULATING THE . . . . , It! 1 i . ! r 3 , 1} ^ CIF p 1 M irk , 1 4 ; ' . L , 1445 5 Town Board Minutes February 11 , 2002 SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES ", provides that the Town may engage a consultant in the review of Special Use Permit applications for Wireless Telecommunications Facilities , with the expenses for such consultation to be paid from review fees deposited as escrow by the applicant ; NOW, THEREFORE, IT IS i RESOLVED, that the Town Board of the Town of Danby hereby authorizes the Town Supervisor and the Planning Board Chairperson to select a consultant for work as needed in the review of Special Use Permit applications for Wireless Telecommunications Facilities . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously NEW BUSINESS : Motion to Approve Use of Town Hall for A Report on Historical Agricultural Buildings in Danby A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes the use of the Town Hall on Wednesday, March 6 , 2002 with the coordination of the event by the Town Supervisor for a public meeting to hear the report on Danby Historic Agriculture Buildings . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Sue Beeners and Supervisor Dietrich will work out the method of advertisement of the meeting . Councilperson Varona-Lacey asked that the Code Enforcement Officer contact the owners of Benjamin ' s One Stop to see when the trailer will be removed from the property and to ask them permission for residents of Danby improve the site . Maybe planting something on the site such as a tree or grass when spring comes . Susan Beeners reported that the owners of Benjamins One Stop property have intentions of clearing the property. The tires on the property are frozen in the ground . Lighting for Town Hall Meeting Room : Councilperson Gagnon presented to the Board draft plans he has obtained from Anthony Petrello for lighting of the Town Hall meeting room and explained the details of the plans made three recommendations and made a suggestion to paint the fans brown . 1 ) that we add four pendent lights ; 2) put sconces on the walls between the windows ; 3 ) replace the can lights with new efficient ones . The Board viewed the plans and discussed the lighting proposal as Councilperson Gagnon . Short Road Discussion : Supervisor Dietrich recommended that the discussion on Short Road be tabled for now as there are a lot of issues that need to be addressed. 1446 6 Town Board Minutes February 11 , 2002 Councilperson Gagnon said that the Highway Department has clear cut the road sides on Short Road in advance of any action by the Board. He feels that it has destroyed a piece of property that was special to West Danby and thinks it destroys the character of the neighborhoods to widen the roads and removing the vegetation . Councilperson Strichartz asked if it were possible that no further work is done on Short Road until the Board has a chance to discuss it . Councilperson Gagnon said that the Highway Department has already expended two(2 ) men two(2) days which is twenty per cent (20%) or more of the amount he has requested for a capitol improvement project. In the budget about nine and one half man weeks of time to do the capitol improvements to do a portion of Short Road . Supervisor Dietrich said he understands the concern and at this point further work on Short Road will not take place until we can have further discussions related to the road improvement. The problems on Short Road are multiple and the Board needs time to address the issues . The Code Enforcement Officer submitted a SEQR as an addendum to the " Short Road Improvements" project. She asked the Board to schedule a SEQR review for Short Road for March . Recreation Partnership Committee Report Supervisor Dietrich reported that there are a few corrections to the document. There were only a few small changes to the document and it is substantially the same . The Agreement is now a five (5 ) year renewable document instead of the indeterminate length of time . Motion to Authorize the Supervisor to Sign County Recreation Partnership Agreement A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby authorizes Supervisor Dietrich to sign the revised, new updated, and revised version of the Tompkins County Recreation Partnership Agreement . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Senior Citizens Report : Carol Sczepanski reported that the seniors held their monthly luncheon on February 7, 2002 with 34 seniors in attendance . Wayne Myers set up a model of the water wheel that he has reconstructed on his property and many pictures of the gardens . Entertainment was provided by George and Carol Ayers and Harry . APPROVAL OF SUPERVISOR' S JANUARY 2002 REPORT Motion to Approve Town Supervisor' s January 2002 Report A motion was made by Supervisor Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approve the Town Supervisor ' s Report for January 2002 as submitted . A roll call vote on the motion resulted as follows : �J I � � • � i 1 • :1 II . I_II I ' II y I � '• ` 1447 7 Town Board Minutes February 11 , 2002 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously APPROVAL OF TOWN CLERK' S JANUARY 2002 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 Clerk ' s January 2002 report as submitted and that the record show that the Town Clerk ' s 2001 records have been audited by Councilperson Gagnon and found to be in order. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Carol Sczepanski reported to the Board that she has disposed of the vouchers for the years 1989 - 1995 . A correction was made to Resolution No . 2 of 2002 in the Town Clerk Salary - the correct figure is $ 15 ,914 . APPROVAL OF WARRANTS Approval of the General Fund Warrant No . 2 of 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approve the General Fund Warrant No . 2 of 2002 voucher numbers 40- 100 in the amount of $49 , 696 . 33 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of Highway Department Fund Warrant No . 2 of 2002 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approve the Highway Department Fund Warrant No . 2 of 2002 voucher numbers 6-21 in the amount of $ 35 , 051 . 38 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of West Danby Water District Fund Warrant No. 2 of 2002 A motion made by Councilperson Gagnon and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approve the West Danby Water District Fund Warrant No . 2 of 2002 voucher numbers 4 - 7 in the amount of $ 1 , 193 . 16 . 1448 8 Town Board Minutes February 11 , 2002 A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Move to Executive Session : A motion was made at 9 : 40 p . m. by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby move to Executive Session to discuss a matter related to the Youth Program Manager and the hiring of a person to work with the bookkeeper and the Supervisor. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT : The Town Board reconvened at 10 : 55 and on a motion adjourned at 10 : 55 p . m. G • /l • 444( min-2 - 11 . 02 Carol W . Sczepanski , Town lerk