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HomeMy WebLinkAbout2002-03-11 49 1 Town Board Minutes March 11 , 2002 TOWN BOARD MEETING MARCH 11 , 2002 Regular Meeting PRESENT : Supervisor : Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz ABSENT : Councilperson Gladys Varona-Lacey Others Present: Highway Superintendent - William Hall Highway Department Secretary - Sue Howe Code Enforcement Officer - Susan Beeners Town Clerk - Carol Sczepanski Sheriff - Peter Meskill Members of the Public : Roy Casterline, Roger Casterline, Ames Brown, George Arsenault, Sarah Holiday, Debbie Benson 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 : 1 ) Update on Community Council Contract 2) Truck Financing for Purchase of Highway Truck Supervisor Dietrich reported that for the purchase of the new truck the remainder of the financing would be bonded. He said he does not have enough information to consider alternatives at this time . Highway Superintendent Bill Hall said that a meeting has been scheduled for Monday, March 18 , 2002 with a leasing company to discuss alternative financing to bonding. 3 ) Councilperson Gagnon would like to add discussion on trees and roads and possibly collaborating with the Town of Dryden on getting information . Councilperson Gagnon and the Code Enforcement Officer have been working on items related to cutting trees along roadways . Supervisor Dietrich said that the Town Board has talked about the issue and he thinks they have come up with a solution to be sent to the Attorney for review. Highway Superintendent William Hall said that he has questions and would like to consult with the Town Attorney. 4) Susan Beeners requested the addition of a proposed resolution related to the consulting services for local law No . 3 of 1999 and an item related to a summer intern for the Planning Board to work on the comprehensive plan . 5) Ted Jones the Town Bookkeeper will present information on the budget under new business . No Board Member objected . Privilege of the Floor: The Town Clerk reported that the Fire District Annual 2001 report was filed in her office on February, 6, 2002 . Tompkins County Sheriff Peter Meskill - addressed the Town Board and public and reported that 1450 2 Town Board Minutes March 11 , 2002 he attended the meeting to find out if there were issues or concerns that his department may not be aware of Sheriff Meskill introduced Sgt . Lampman to the Board who works the 3 - 11 shift and is a Senior Road Sgt . in our area. He said the Sheriffs department may be of assistance in reducing speeding traffic but needed to know the locations that there are problems, what the problem is and if possible the time zone so patrols can be more visible . The department has received a grant to purchase a second speed trailer that should be in operation soon. Highway Superintendent William Hall asked to be notified when there are accidents when signs have been damaged or destroyed so that they can be replaced . REPORTS : Highway Department Report - A written monthly report for the month of February was received . Superintendent Hall said that he is still waiting for the Town of Newfield/Town of Danby Agreement for Town Line Road and Tupper Road. Agreement to Spend Highway Funds - was discussed and by the Board. Short Road was not included in the Agreement. West Danby Water District Superintendent Roy Casterline asked why Sylvan Lane could not be upgraded with oil and stone as it is the access for the West Danby Fire Department. Motion to Sign Agreement to Spend Highway Funds : A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby agrees to sign the "Agreement to Spend Highway Funds" . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Carried Unanimously The Clerk presented the agreement and the Board signed the "Agreement to Spend Highway Funds" , dated March 11 , 2002 . Short Road Upgrade Discussion Councilperson Gagnon said that he has a concern that we have some sort of a plan for developing a High Density Zone as part of the overall comprehensive plan process . His concern is that the high density area in West Danby not be developed in the interim without any real plan in a way that it would preclude future high density development in that area. He said he is looking to avoid enabling low density development in what is supposed to be a high density zone until it is clear to him that the community does not want high density zone if it doesn ' t . Roger Casterline said that one of his concerns is that frequently the Town tax base is mentioned . Every house on Station Road is assessed a lot lower than any double wide in the Town. The double wide ' s to be placed on Short Road are assessed at twice the amounts of much of the existing housing . Councilperson Strichartz said she is sure that some of the double wides have as much a tax base but the concern is with the Town putting Town money into this (road upgrade) . She does not see any computation of how long it would take the Town to recoup money with the rather low tax base of double wides on fairly large lots . Roger Casterline said that he has consulted with his engineer. This is not a very big parcel of land and the area does not lend itself very well to septic systems . Supervisor Dietrich said that the Town needs to consult with the Planning Board to review the questions related to upgrading Short Road . County Representative Report y i I 0' Cgio ,0 14n 3 Town Board Minutes March 11 , 2002 Supervisor Dietrich reported that County Representative Frank Proto was not able to attend the meeting and asked him to forward the following information . 1 ) The Gold Star Program received no support and never left committee ; 2) New York State Forest Recreation Plan comment period has been extended; 3 ) Danby Academy has received funds to hire a teacher so that the course can begin in the Fall . Zoning Report Susan Beeners reported that she submitted to the Board the Annual 2001 Report and the February 2002 Monthly Report for the Code Enforcement Office . A consultant from Cooperative Extension held a public meeting for residents about possibly setting up a Farmers Market in Danby. She will be consulting with Matt Griffen to discuss the next steps related to a possible farmers market. The Zoning Department has been very busy and have received at least seventeen requests for new building permits to be issued . Cutting of Trees Along Town Roads Supervisor Dietrich said that he understands that residents have concern over old trees being cut down in the Town road rights of way. If a tree is to be removed property owners should be notified . Under Town Highway Law as he understands it is that if maintenance hasn ' t been done from the center line to the edge of the right-of-way for over ten years, then there is some question whether we have a right to clear trees in the right-of way. The solution could be that notification can be sent to neighboring landowners asking for their input and deal with it on a case by case basis . He would be willing to consult with the Town Attorney for an opinion and to get a legal definition but thinks the Town would best be served if we could negotiate ourselves among ourselves . He said that he also would be willing to write up some type of memo of understanding between the highway and the Town Board . The Highway Superintendent said that he would like to have a legal definition. Councilperson Gagnon reported that he has been in contact with Mark Hovanis of Dryden. Mark . suggested that the Town of Danby and the Town of Dryden might want to calibrate and share in the cost of consulting with a lawyer that has been consulting for the Cornell University Roads Program . He has drafted a letter at the request of the Town Board and sent it to persons who are interested in roads for further input. Sue Beeners did a revision of the letter based on those comments . The letter requests clarification from a lawyer regarding what are the legal responsibilities of the highway department and what are the legal responsibilities of individual owners. He proposed that the Town consider sharing the cost with the Town of Dryden to consult with Darrell Hart. Supervisor Dietrich said he will take the revised letter to the Town Attorney for his opinion. A copy of the letter will be sent to the Highway Superintendent to keep him informed . Report From Bookkeeper Ted Jones addressed the Board and said that he wanted to give the Town Board the opportunity to formulate questions that would help them to work with the funding and management of town funds . He and Harriet Admas have put together some budget information that shows the past three years trends of income and expenditures to help the Town better manage accounts . Charts that show trends over a twelve month time period were presented . He said that he is going to change the way we present the financial picture to the Town Board and to the Town. Harriet Adams presented the Town Board with pie charts showing the percentage of budget accounts and expense for Town programs and accounts . Community Council Report Councilperson Strichartz reported that there will be a band concert on Saturday, March 18 , 2001 at 3 : 00 p . m . here at the Town Hall . Recreation Partnership Supervisor Dietrich reported that he has signed the Recreation Partnership and sent it to Janice Johnson. 1 1452 4 Town Board Minutes March 11 , 2002 Councilperson Strichartz reported that there have been a few minor changes and there may be a revised contract for the Recreation Partnership Agreement. Senior Citizens : Carol Sczepanski reported that the Senior Citizens held their monthly dish to pass luncheon on Thursday, March 7 , 2002 . The entertainment was our local Rubin Everidge . The next meeting will be an Easter ham dinner on April 4 , 2002 . MOTION - APPROVAL FOR TOWN CLERK AND DEPUTY TOWN CLERK TO ATTEND THE NYSTCA ANNUAL CONFERENCE A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board grants permission for the Town Clerk and the Deputy Town Clerk to attend the NYSTCA (New York State Town Clerk' s Association) Annual Conference in Saratoga Springs on April 21 - 24 , 2002 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 31 OF 2002 APPROVAL OF CONSULTING SERVICES RELATED TO 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 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 by the applicant; and WHEREAS, Town Supervisor Ric Dietrich and Planning Board Chairperson Laurene Gilbert have indicated that Independent Broadcast Consultants, William J . Sitzman, President, should be engaged for such consultation ; and WHEREAS, the Town Board has reviewed various written materials related to such consultation; NOW, THEREFORE , IT IS RESOLVED, that the Town Board of the Town of Danby approves the engagement of Independent Broadcast Consultants , William J . Sitzman, President, as 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 by the applicants for such Special Use Permit applications , subject to the following provisions : 1 . Such engagement is to be on an application by application basis, with the Town reserving the right to terminate such engagement at any time for good reason upon reasonable notice to the consultant ; and 2 . Rates for such engagement are as follows : $ 55 . 00/hr. For William J . Sitzman; $40 . 00/hr. For his firm ' s staff engineers ; travel to be charged at $ 12 . 50/hr. And $0 . 50 per mile ; and disbursements such as telephone and copying to be charged at cost; and it is FURTHER RESOLVED, that the Supervisor of the Town of Danby is authorized to enter into an agreement with Independent Broadcast Consultants for the services and with the terms stated above , with the form and substance of said agreement to be approved by the Town Attorney . 1453 5 Town Board Minutes March 11 , 2002 A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Carried The Code Enforcement Officer submitted the following draft resolution entitled "CONSIDER APPROVAL OF CONSULTING SERVICES RELATED TO REVIEW OF LOCAL LAW NO . 3 OF 1999 AND RELATED RESEARCH" for the Board to consider. She said that she has consulted with the Town Attorney suggested that the Town include radio and television in the present local law or develop a separate law because they are a little different. He said that this would be a good approach to get Sitzman to come up with a recommendation of how to regulate radio and television towers. She said she is not sure that our local law needs better definition in order to include radio and television towers . It is not strong enough in excluding emergency towers and may be regulated as cell towers are . The Board did not act on the draft proposed resolution . Request for Intern for Comprehensive Plan The Code Enforcement Officer reported two members of the Planning Board have expressed an interest in the need for an intern to help with the comprehensive planning. The cost for a student would be $ 1400 share . Councilperson Gagnon said we need to talk about the need for help and what is the best way to do that. We need to have a broader discussion as to whether the help should be an intern, a work study person, hire a consultant or adding somebody to work with Sue . The Board will discuss the request for additional help on the comprehensive plan on Saturday , March 23 , 2002 . APPROVAL OF TOWN CLERK' S FEBRUARY 2002 REPORT A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board approve the Town Clerk ' s February 2002 report as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Carried Unanimously Approval of the General Fund Warrant NO . 3 of 2002 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the General Fund Warrant NO . 3 of 2002 vouchers numbered 101 - 152 in the amount of $ 6 , 931 . 79 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Carried Unanimously Approval of the Highway Fund Warrant NO. 3 of 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the 154 6 Town Board Minutes March 11 , 2002 Town Board of the Town of Danby approves the Highway Fund Warrant NO . 3 of 2002 vouchers numbered 22 - 46 in the amount of $ 14, 198 . 24 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Carried Unanimously West Danby Water District Fund Warrant NO . 3 of 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approve the West Danby Water District Fund Warrant NO . 3 of 2002 vouchers numbered 8 - 12 in the amount of $ 859 . 51 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Carried Unanimously Items and Discussions Added to the Agenda Supervisor Dietrich is concerned that items added to the agenda at board meetings often make the meeting very long . He said that we have an Agenda meeting and nothing should come up at the Board meeting that has not been addressed at that meeting . He said that items that are not brought up at the Agenda meeting will not be added to the Board meeting agenda. ADJOURNMENT : On a motion the meeting adjourned at 10 : 15 p . m . Carol W . Sczepa i own Clerk