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HomeMy WebLinkAbout2002-07-08 1480 1 Town Board Minutes July 8 , 2002 TOWN OF DANBY TOWN BOARD MINUTES JULY 8, 2002 Regular Meeting PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present: Ted Jones - Bookkeeper Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk Members of the Public : Eileen Wright, 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 1 ) Councilperson Strichartz requested a report on the Recreation Partnership Meeting and the Pond Program. 2) Councilperson Gagnon requested that a report on the use volunteers for the West Danby Cemetery and on the Town Hall lighting. 3 ) Sue Beeners requested a Town Hall status report to review the budget for change orders . No Board member objected. PRIVILEGE OF THE FLOOR: The Town Clerk reported that she has transmitted resolutions for the proposed local law and a request from the Director of Tompkins County SWAP (Community Service) Program for a letter of support for their program . Ted Jones asked to report on the cost for obtaining Internet access for our Town offices and will answer questions regarding the Supervisor' s report. Supervisor Dietrich circulated information from the Highway Department regarding the tree issue on Short Road for the Board to review. CONSIDERATION OF ADOPTION OF LOCAL LAW NO . 1 OF 2002 Supervisor Dietrich reported that this local law is to recover funds incurred for the demolition of unsafe buildings . RESOLUTION NO . 51 Of 2002 RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD OF THE TOWN OF DANBY OF LOCAL LAW NO. 1 OF 2002 By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey 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 Board on June 10 , 2002 at 7 : 00 p .m . to hear all interested parties on a proposed Local Law entitled, "A LOCAL LAW TO AMEND LOCAL LAW NO . 4 OF 2000 TO ESTABLISH A PROCEDURE FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES ," and WHEREAS , notice of said public hearing was duly advertised in the Ithaca Journal , the official newspaper of the Town of Danby, on May 28 , 2002 , and I , I I 1481 2 Town Board Minutes July 8 , 2002 WHEREAS, said public hearing was duly held on June 10 , 2002 at 1830 Danby Road 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, pursuant to Part 617 of the implementing regulations pertaining to Article 8 ( State Environmental Quality Review Act) it has been determined by the Town Board of the Town of Danby that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQR, and WHEREAS, the Tompkins County Department of Planning has determined on May 20, 2002 that the proposed Local Law has no negative inter-community or county wide impacts pursuant to Section 239m of the General Municipal Law, and WHEREAS , the Town Board of the Town of Danby , after due deliberation, finds it in the best interest of the Town of Danby to adopt said Local Law, NOW, THEREFORE , BE IT RESOLVED, that the Town Board of the Town of Danby hereby adopts said Local Law No . 1 of 2002 entitled "A LOCAL LAW TO AMEND LOCAL LAW NO . 4 OF 2000 TO ESTABLISH A PROCEDURE FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES ," a copy of which is attached hereto and made a part of this resolution, and be it further RESOLVED, that the Town Clerk is hereby 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 to the Secretary of The State of New York . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona Lacey Aye Dietrich Aye Carried Unanimously Mid-Year Budget Report Supervisor Dietrich reported that it is time to put together items and expenditures for preparation of the 2003 Budget. He requested that budget requests for the 2003 budget be sent to Town Officials and Program Directors . Investment of Town Monies : The bookkeeper Ted Jones explained the Supervisor ' s report to the Board . The Town now has invested the Town funds into a Super Savers Account which is the equivalent of a Certificate of Deposit. He asked the Board to allow the Town Supervisor and bookkeeper to be allowed to make Internet transfers . Ted Jones reported that the Town is looking into costs for providing Internet access for the Town of Danby Offices . RESOLUTION NO. 52 OF 2002 By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED , that the Town Board of the Town of Danby authorizes the Town Supervisor to do electronic transfer funds between the Super Savers Account and the Town Checking Accounts . A roll call vote on the resolution resulted as follows : Aye Gagnon A g Y Nolte Aye '1482 3 Town Board Minutes July 8 , 2002 Strichartz Aye Varona Lacey Aye Dietrich Aye Carried Unanimously REPORTS : County Representative Report : Representative Frank Proto reported on the County Board of Representatives activities 1 ) Review of the 2003 County Budget is moving forward slowly . One of the biggest cuts proposed is the Commercial Center Revitalization Program. 2) Ridership on the TCAT is up in Danby and he has asked if it is possible to use the NYS parking area on 96B as a park-and-ride parking place for residents using the service . The bus routes have been increased and includes Saturdays . TCAT would like feedback from the users of the bus service . 3 ) Better Housing of Ithaca is looking into senior citizen housing for Danby. 4) The City of Ithaca is pursuing using the Green Street site for the transportation center. There are other sites to be looked 5 ) NYSEG has proposed an increase on the residential rate for natural gas . Town Hall Improvements under Tompkins County Commercial County Revitalization Program Grant Project Susan Beeners submitted a status report for the Town Hall Improvements under Tompkins County Commercial Center Revitalization Grant Project for the Board to review The status report included proposed change orders . Mancini is going to provide estimates for asphalting the driveway She is going to contact contractors for estimates for placing oil and stone on the driveway and parking areas . She asked the Board to approve change orders to complete the project . Susan Beeners said that she is asking for guidance from the Building Committee . We need someone to finish the site work at the Town Hall and to do small repair jobs and routine maintenance of the building . Supervisor Dietrich reported to the Board that we have work that needs to be done that has a time limit on it because it is associated with a grant . There is a work in progress and it should come in on time so that we meet our obligations . Councilperson Gagnon said that there are some things that need to be done, i . e . to finish the painting, to decide whether to proceed with residing the south side of the tower and addressing the safety hazard of the sunken tank for the septic system . The Board reviewed the proposal submitted to complete the site work . RESOLUTION NO. 53 OF 2002 APPROVAL OF FUNDS FOR WORK ON THE TOWN HALL PROJECT By Councilperson Gagnon : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby authorizes the expenditure of up to $2000. 00 at the discretion of the Building Committee to complete work that is already underway . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona Lacey Aye Dietrich Aye Carried Unanimously Motion to Approve Funds for Grass Seeding A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey to approve the expenditure of $ 15 . 00 (fifteen dollars) to plant grass seed near the north driveway to the Town Hall . 483 4 Town Board Minutes July 8 , 2002 A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona Lacey Aye Dietrich Aye Carried Unanimously Snowmobile Club Discussion Supervisor Dietrich said that the Board has reviewed the information that was presented at the Agenda Meeting regarding the snowmobile trail through the State Forest in the Town of Danby. The decision of the Board is that the snowmobile club will be referred to the Planning Board for a Special Permit. Highway Department Report : NYS Retirement - Incentive for Early Retirement Supervisor Dietrich reported that he has reviewed information he received regarding an incentive that is being offered for early retirement . He will forward the information to the Highway Department. RESOLUTION NO. 54 OF 2002 AMENDMENT TO 2002 BUDGET By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, the Town of Danby Highway Department has received notification that the Town will $ 19 , 888 . 92 additional funds for CHIPS for the year 2002 , and WHEREAS, the budgeted amount in the 2002 Town Budget for CHIPS was $72, 800, the Highway Superintendent is requesting an amendment to the budget increasing the Account No . DA3501 (Consolidated Highway Aid) by $ 19 , 888 . 92 and reinstatement of $ 19 , 888 . 92 to Account No . DA5112 . 400, now be it RESOLVED, that the Town Board of the Town of Danby amends the 2002 budget by increasing line items DA3501 by $ 19 , 888 . 92 and DA5112 .400 to reflect the increase in CHIPS State Aid Funds . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Recreation Partnership Report: Councilperson Strichartz reported that at the Recreation Partnership Meeting there was discussion that there may be a 20% cut in finding next year. Pond Program : Councilperson Strichartz reported that the Town hired Arnie VanLuken to do ten programs for youth at the pond . If this continues throughout the summer we would have to say that this is something the parents want and are supporting. Trees ; Supervisor Deitrich reported that on Short Road a person has requested that the Highway Department cut down some trees . If we were to take Short Road over from a seasonal use road into a year-round road the trees could conceivably be within the Towns right-of-way. The Highway Department asking how to proceed when we have the owners permission. The Highway Superintendent is suggesting that he handle tree removal on a case by case basis . Councilperson Strichartz said she thinks we should a local law to address the issue of trees . 1484 5 Town Board Minutes July 8 , 2002 Cemeteries Councilperson Gagnon said he is concerned about what do we need to do to enable volunteers to work in the cemeteries . He has consulted with the Association of Towns and they suggest that the Town consider the issue of volunteer liability and sent a copy of the law for him to review . She said that the Town should consider and how to provide coverage for the volunteer who is injured while working on a Town project . Town Supervisor' s June 2002 Report Motion to Approve the Supervisor' s June 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 Supervisor' s June 2002 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Carried Varona-Lacey Aye Approval of the Town Clerk' s June 2002 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Town Clerk' s June 2002 report as submitted . 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 WARRANTS Approval of the General Fund Warrant No. 6 of 2002 A motion was made by Councilperson Varona Lacey and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the General Fund Warrant No . 6 of 2002 , voucher numbers 291 -345 in the amount of $ 31 ,907 . 41 . 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 the Highway Fund Warrant No. 6 of 2002 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 Fund Warrant No . 6 of 2002 , voucher numbers 103 - 114 in the amount of $22 , 838 . 86 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Dietrich Aye Approval of the West Danby Water District Fund Warrant No . 6 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 West Danby Water District Fund Warrant No . 6 of 2002 . 1 Amendment to Local Law #4 of 2000 Procedure for Recovery of Costs TOWN OF DANBY LOCAL LAW NO . 1 OF 2002 A LOCAL LAW TO AMEND LOCAL LAW NO. 4 OF 2000 TO ESTABLISH A PROCEDURE FOR RECOVERY OF COSTS FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . Town of Danby Local Law No . 4 of 2000, entitled : A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES is hereby amended by adding a new Section 10A to read as follows : " Section 10A : PROCEDURE FOR RECOVERY OF COSTS. 1 . ACCOUNTING OF EXPENSES The Code Enforcement Officer shall prepare an itemized account of all expenses incurred by the Town in the repair or demolition of any building or structure completed pursuant to this local law. Following completion of the repair or demolition the Code Enforcement Officer will file with the Town Clerk a report describing the real property upon which the work was performed, setting forth the names and addresses of all persons notified pursuant to Section 7 and the names and addresses of any additional persons to be notified pursuant to Subsection 2 of this section, providing a description of the notices served pursuant to Sections 6, 7, and 8 of this Law, and an itemization of all expenses incurred by the Town for the work in the repair or demolition of the building. 2 . NOTICE OF HEARING Upon receipt of the report, the Clerk shall present the report to the Town Board . The Town Board will fix a time, date, and place for a hearing to be conducted on the adoption of the said report and a determination of the method of Assessment of the expenses to be used as described in Section 10 of this local law. The Clerk shall give notice of the hearing including the date, time and location of the same by following acts ; all of which shall be completed at least ten days prior to the hearing : a. Posting notice of the hearing upon the property involved, b . Publishing notice once in a newspaper of general circulation in Tompkins County, c . Mailing notice of the hearing to the interested parties identified in the report by certified mail, postage prepaid . 3 . OBJECTIONS Any person interested or affected by the proposed change may file written protests or objections with the Town Clerk at any time prior to the time set for the hearing . Each objection must set forth a description of the objector' s interest in the property and the grounds for objection. The objection should include any documentary evidence and facts upon which the objections are based. The Town Clerk shall present such objections to the Town Board at the time set for the hearing and no other objections will be considered . 4 . HEARING OF OBJECTIONS At the hearing, the Town Board shall hear and pass upon the report of the Code Enforcement Officer together with any objections . The Town Board may make such revisions, corrections or modifications in the report or to the charge as it may deem just. The decision of the Board on the report, the charge and or the objections shall be final and conclusive . 2 Amendment to Local Law #4 of 2000 Procedure for Recovery of Costs 5 . MANNER OF ASSESSMENT Following its decision on the report and objections and if there is an assessment to be made the Board will decide on one or more of the methods of assessment described in Section 10 of this law. a. If the Board orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney for this Town to collect the same on behalf of the Town by use of all appropriate remedies . b. If the Town Board orders that such charge shall be assessed against the property, it shall confirm the assessment and cause the same to be recorded on the assessment roll and thereafter said assessment shall constitute a special assessment against and a lien upon the property. 6 . FILING REPORT WITH COUNTY DIVISION OF ASSESSMENT A copy of the assessment shall be filed with the County Assessor ' s Office and the Town Attorney will pursue all steps required by the New York Real Property Tax Law necessary to administer the assessment as a special ad valorem levy against the land on which the structure or building are located. 7 . CONTEST The validity of any assessment made under the provisions of this Law shall not be contested by any action or proceeding unless the same is commenced within thirty (30) days after the assessment is placed upon the assessment roll . 8 . COLLECTION OF THE ASSESSMENT The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes . " Section 2 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the remaining portions shall not be affected by such declaration of invalidity . Section 3 . EFFECTIVE DATE This local law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later . 11- 1 . 02 148 6 Town Board Minutes July 8 , 2002 A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 15 . (ail / I U414 Carol W. Sczes:n • i, Town Clerk min-7-09 . 02