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HomeMy WebLinkAbout2002-04-08 45 1 Town Board Meeting April 8 , 2002 TOWN OF DANBY TOWN BOARD MINUTES APRIL 8, 2002 Regular Meeting PRESENT : Supervisor Dietrich Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Frank Proto - County Representative Members of the Public : Roy Casterline, Ames Brown Supervisor Dietrich called the meeting to order at 7 : 05 p . m . and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO THE AGENDA : Councilperson Gagnon asked the Board to consider discussion of a resolution of support for the adoption by the County Board of the Vital Communities Initiative Principles . - Supervisor Dietrich said it was to go to the May Agenda. Councilperson Strichartz said that she would like to change Pond Insurance discussion as it is discussion on the Budget for the Pond Program . No Board member objected . PRIVILEGE OF THE FLOOR The Town Clerk announced that her office would be closed on Tuesday April 23 and Wednesday April 24,2002 so that she could attend the New York State Town Clerk' s Annual Conference . She is looking into some reconstruction in her office to make room for the mandatory installation of additional equipment and phone lines for DECALS system for issuing sporting license . The installation for DECALS is a separate issue from the need for Internet access for the town offices . Ames Brown - reported that the notice of meeting was not on the message board at the fire department. He is disappointed with the lighting in the meeting room and made suggestions of how we might improve the lighting. The Town Clerk reported that the message board did not belong to the Town but to the Community Council . Notice of meetings is sent to the person who is in charge of the signboard monthly . Why some meetings are not listed she did not know. REPORTS : EMC Report - Robert Roe reported on the activities of the EMC at the April 1 , 2002 Agenda Meeting . Highway Report - A written report was submitted by the Highway Superintendent for March, 2002 . The Highway Department will be using the service of Patch Management again this year. Zoning - The Code Enforcement Officer submitted the March, 2002 report of activity in her department. The Code Enforcement officer reported that construction activity is up this month, and they are keeping some level of enforcement activities . She hopes to get the Town Hall painting and site work contract ready for the May meeting . She is working with a Planning Board member to get a summer intern to help with the comprehensive plan . Planning Board Report - There was not a quorum of the Board present at the March meeting. The Planning Board will have a public hearing for site plan review and request for Special Permit for the Danby Federated Church addition application on Wednesday, April 17 , 2002 at 7 : 00 p . m and to the 1456 2 Town Board Meeting April 8 , 2002 Board of Zoning Appeals for public hearing on Monday, April 29 , 2002 . The BZA will also hold a public hearing on a request by James and Debra Davis for variance of setback requirements and a lot size on a property on the Davis Property located on Bald Hill Road next to Wilbur Lumber Yard . The Danby Federated Church and the Davis Requests for Variance will go to the Board of Zoning Appeals on April 29 , 2002 at 7 : 00 p .m. Water Resources Council - Representative Linda Dorn has resigned from the Council due to family matters . Danby Community Council - The Agreement between Community Council and the Town of Danby has been submitted for signature and copies of the Agreement will be sent to the Board to review. . The Agreement can be amended at any time . Supervisor Dietrich said that Community Council will have a program committee . Danby Senior Citizens - Carol Sczepanski reported that the Danby Senior Citizens held their Annual Easter Luncheon Meeting on Thursday, April 4, 2002 and there were 47 members present. John Smith from the West Danby Fire Department gave a presentation on what to do in case of emergency, what is an emergency and how the fire departments and emergency personnel respond . He also played bag pipes after the presentation. Dog Control - March Report from S . P . C . A . Received Fire District - Supervisor Dietrich reported that they have no capacity to share or deal with information from the Town. COMMUNICATIONS : 1 ) Copy of Letter to the Town Attorney from Rhonda Roaring and the Attorney ' s response . Rhonda' s letters to the Attorney were regarding NYS Forest Lands and the logging and snowmobile trails . Rhonda' s information has been forwarded to Robert Roe who has been consulting with the DEC regarding the NYS State Forest Recreation Plan . 2) Addition to Highway Report OLD BUSINESS : RESOLUTION NO . 32 of 2002 APPROVAL OF CONSULTING SERVICES RELATED TO REVIEW OF LOCAL LAW NO. 3 OF 1999 AND RELATED RESEARCH By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED , that the Town Board of the Town of Danby authorizes Independent Broadcast Consultants, William J . Sitzman, President, to provide consultation related to the following work scope , with the rates for such consultation to be as follows : $ 55.00V/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 a cost not to exceed seven (7) hours without further Town Board approval . 1 : Conduct preliminary review of Town of Danby Local Law No . 3 of 1999 and make any observations and recommendations that would strengthen or clarify that local law. 2 . Recommend means to regulate radio and television broadcasting facilities in said local law. 3 . Provide a proposal and cost estimate for furthering the above work. Discussion : Councilperson Gagnon reported that radio and television towers are not mentioned in the Danby Zoning Ordinance . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously I I ; : i ; :' i. I ' I ! � � � 1 ', I 4 fl ' I� . i I 1 _y I � i � , i is I 4 5 7 3 Town Board Meeting April 8 , 2002 RESOLUTION NO. 33 OF 2002 RESOLUTION AGAINST THE PROPOSED INCREASE IN THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey WHEREAS, The Governor has proposed to remove certain offices overseeing Cultural Education .i from the New York State Education Department, incorporating these in an entirely new Institute for Cultural Education; and WHEREAS, in order to fund this Institute ; including the State Archives, State Library , State Museum and State Office for Public Broadcasting, New York State will need to raise millions of dollars in capital investment and plans to do this by quadrupling the present five dollars collected by all County clerks and the Register of the City of New York on all recorded, indexed and entered documents to twenty dollars, effective July 1 , 2002 ; and WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to support grants and technical assistance to local governments to improve and enhance the management of their records and information, and WHEREAS,said fee increase would provide no improvement in service for the taxpayers paying the fee, nor any additional benefits to the local governments that must collect said fee increase ; and WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the proposed Institute, in contrast to the highly effective and beneficial relationship that local governments now enjoy with the New York State Education Department ; now be it hereby RESOLVED , by the Town Board of the Town of Danby that this body stands firmly opposed to this proposal ; and be it further RESOLVED , that a copy of this resolution be delivered to the Governor, the New York State Legislature and all others deemed necessary and proper, and we urge them to likewise oppose this proposal . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye V arona-Lacey Aye Dietrich Aye Carried Unanimously Financing Options for Funding of New Highway Truck Councilperson Gagnon reported that he has reviewed the lease purchasing arrangement materials for funding of the new highway truck. The terms and rates of interest of the proposed agreement were described to the Board . Motion to Authorize Town Supervisor to Enter Into a Lease Agreement for the Purchase of the New Highway Truck A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby authorizes the Town Supervisor to secure the financing and enter into a lease agreement with MSG in the amount of (sixty thousand dollars) $ 60 , 000 . 00 for the purchase of the new highway truck. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously 1458 4 Town Board Meeting April 8 , 2002 Tompkins County Representative Report: County Representative Frank Proto reported on Vital Community Principals Committee, Danby School Program, Water Resources Council, Purchase Development Rights, T-CAT Park & Ride , Frank Proto reported that he received a letter of resignation from Linda Dorn. She has resigned from the Water Resources Council . The County is looking for someone to fill the vacancy. Old Business - Continued Supervisor Dietrich reported that he needed an Assistant to the Bookkeeper for backup to do payrolls when the bookkeeper is unavailable . Highway - Road Maintenance and Tree Removal Along Roadways Councilperson Gagnon reported that due to a lot of interest in Highway Maintenance and Laws regarding ditching and the cutting of trees along roadways, a meeting has been set up for Town Officials and Highway Superintendents at the Town of Ithaca Town Hall on Wednesday, April 24 , 2002 at 7 : 00 p.m. Darrell Harp will speak on Highway Laws regarding Roads, Trees, and Rights-of- way. Councilperson Gagnon drafted a letter that was sent to Tompkins County Municipalities asking for their concerns to be addressed by Mr Harp . A draft of the questions that he received from municipalities and Board members was reviewed by the Board . The questions and concerns will be sent to Mr. Harp prior to the meeting on April 24 , 2002 . The fee for Darrell Harp and will be shared by the participating townships . RESOLUTION NO 34 OF 2002 AUTHORIZATION TO RETAIN PLANNING ASSISTANT FOR ASSISTANCE ON COMPREHENSIVE PLAN St- A ‘ By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey D\ 46- RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to arise for and retain a Planning Assistant for assistance during the Spring and Summer of 2002 to the Planning Board and Town Board in review of the Comprehensive Plan, and prefers that said assistant be retained through the Cornell Tradition Summer Program, at no cost to the Town; and it is FURTHER RESOLVED, that if a qualified individual is not obtainable through the Cornell Tradition Summer Program, that the Town board approves the expenditure of up to $ 970 from Comprehensive Plan Account A8020 .401 to retain a qualified individual through Cornell Work- Study Summer Program. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion - Authorization for Town Supervisor to Sign Community Council Agreement A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the Community Council Agreement for the year 2002 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously rl � L! li I . 1 1 � + j 1 10 3 k l 1 a }}`� + nSlSII' aA1 N 1453 5 Town Board Meeting April 8 , 2002 TOWN OF DANBY RESOLUTION NO . 35 OF 2002 TRANSFER OF FUNDS - HIGHWAY By Councilperson Gagnon : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby authorizes the transfer of funds in the amount of $2 , 720 . 00 from Revenue Account DA2680 to Highway Fund Account DA5110 . 100 to cover the reinstatement of sick and vacation hours to David Noteboom' s workers compensation case , and be it FURTHER RESOLVED, that $ 3 , 507 . 00 be transferred from Revenue Account DA2680 to Highway Fund Account DA5130 . 400 to cover an estimated expense for repairs to truck #43 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Pond Program : Councilperson Strichartz reported that the Pond Coordinator would like to increase her budget to purchase supplies for the swimming area and for lifeguard salaries . There is a group of parents who have retained a person to provide programs for youth groups at the Pond . The group would like to have the Town consider this program as a Pond Program and has asked the Town to consider an additional $ 1 ,000 . 00 and make the program a pond program. Supervisor Dietrich said that he would need to check with our insurance provider to find out if there would be an additional cost to the Town if they hired a person for youth programs as a Town program. It is unknown if the person who now provides programs at the pond has their own liability insurance . Motion to Increase in Pond Contractual A motion was made by Supervisor Dietrich and seconded by Councilperson Varona-Lacey to transfer $ 500 . 00 from Account A1989 . 400 (Other Government Support Contractual) to A7150 . 400 to purchase additional supplies for the pond program. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Proposed Resolution - Support for Adoption of Vital Communities Development and Preservation Principles as Interim County Policy . A proposed resolution for the Support for Adoption of Vital Communities Development and Preservation Principles as Interim County Policy was sent to the Town to consider. The Board discussed the proposed resolution and deferred action on the proposed resolution to the May Board Meeting . APPROVAL OF TOWN SUPERVISOR' S REPORT - MARCH 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Verona-Lacey that the Town Board of the Town of Danby approve the Town Supervisor' s Report for March 2002 . A roll call vote on the resolution resulted as follows : 1466 6 Town Board Meeting April 8 , 2002 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously APPROVAL OF TOWN CLERK' S REPORT - MARCH 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 Town Clerk March 2002 report a submitted . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously APPROVAL OF WARRANTS General Fund Warrant No . 4 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 . 4 of 2002 voucher numbers 153 - 190 in the amount of $6 ,423 . 73 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Department Fund Warrant No. 4 of 2002 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approve the Highway Department Fund Warrant No . 4 of 2002 voucher numbers 47 -60 in the amount of $ 10 , 187 . 62 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously West Danby Water District Fund Warrant No. 4 of 2002 A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approve the West Danby Water District Fund Warrant No . 4 of 2002 voucher numbers 13 - 17 in the amount of $ 606 .40 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously 11 I k t 1 1 ° ' I. i 4u, 7 Town Board Meeting April 8 , 2002 ADJOURNMENT : On a motion the meeting adjourned at 10 : 00 6 /0/1 -41 / • Carol W . Sczepaf Town Clerk min-4- 8 . 02