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Home My WebLink About2002-11-11 1 Town Board Minutes November 11 , 2002 TOWN OF DANBY TOWN BOARD MINUTES NOVEMBER 11 , 2002 PRESENT : Supervisor Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Sue Howe - Highway Department Secretary Members of the Public : Roy Casterline, Bob Roe, Mary Oltz, Esther Dotson, Ken Horst 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. Privilege of the Floor : Danby School Programs - A representative from the Danby School Programs addressed the Board to bring the Town up to date on the status of the Danby School and the ARC grant. The representative entertained questions from the Board. Danby Community Park - Mary Oltz reported that plans for the entrance to the park is progressing and will not be on the dangerous curve on NYS Rte . 96B . Councilperson Nolte asked if it was possible to have a brief discussion in regards to how the Land Trust is taxed and its effect on the West Danby Water District. Reports : Highway Department for October 2002 was received. Zoning - Code Office Report for October 2002 was received. SPCA Report for October 2002 - received Community Council - Eileen Wright reported that the Halloween Party was a great success . Senior Citizens - Representatives from the County Senior Citizens and RSVP attended the November Senior Citizens Annual turkey dinner. The guests gave an overview of programs and activities that are available at the Senior Citizen ' s Council and through RSVP . Tompkins County Representative Representative Proto reported on the Tompkins County Representatives meetings and committees . Tompkins County Budget, Park & Ride, Library Reading Rooms, Health & Human Services Committee, Farm and Agriculture Board, Water Resources Council , Brooktondale bridge, Redistricting, and Pesticide neighbor notification, REPORTS : EMC - Robert Roe reported that the EMC is considering an information campaign. He reported on an aquifer study in the County; a Type 1 SEQR thresholds with possibly of a change in the standards. OLD BUSINESS : Fieldstone Circle Subdivision Declaration of Restrictive Covenants Susan Beeners submitted a letter regarding the Fieldstone Circle Subdivision Declaration of Restrictive Covenants . The residents of the subdivision are currently acting as ` Review Board ' for additions and alterations to preexisting developed properties . They are seeking other changes to the restrictive covenants and have asked the Town to enforce the restrictive covenants . 2 Town Board Minutes November 11 , 2002 The Code Enforcement Officer will respond to the request from Fieldstone Circle for the Town . NEW BUSINESS : RESOLUTION NO 84 OF 2002 APPROVAL T 0 ADD UNPAID WATER BILLS FROM OCTOBER 31 , 2001 THROUGH OCTOBER 31 , 2002 TO THE TOWN AND COUNTY TAX ROLL FOR COLLECTION WHEREAS, Mary Casterline, Collector for the West Danby Water District has submitted the following list of : user fees for West Danby Water District that remain unpaid for the period of November 1 , 2001 through October 31 , 2002 : PARCEL NO. NAME ADDRESS AMOUNT 26 . - 1 - 8 LA Woodward, Vance &Pat 2741 Spencer Road 725 . 56 18 . - 1 -21 HR Smith, Carey 2500 Spencer Road 251 . 35 17 . - 1 -3 . 1 IG Lockwood, Jeff 497 Brown Road 71 . 35 17 . - 1 - 14 Hart, Steve 515 Brown Road 85 . 80 17 . - 1 - 16 KH Hendrix, Evelyn 36 Station Road 151 . 69 17 . - 1 - 57 . 12 QH Lockwood, Larry 25 Station Road 150 . 81 17 . - 1 - 57 . 11 PL Osburn, Andrea 17 Station Road 45 . 65 17 . - 1 - 19 MM Wright, Donald 18 Station Road 132 .27 17 . - 1 - 17 LA Schilling, Vera 14 Station Road 178 . 14 17 . - 1 - 3 Banta, Theodore 475 Brown Road 138 . 88 17 . - 1 -42 Grover, Albert L . & 33 Maple Avenue 133 . 73 17 . - 1 - 1 . 33 Biscup, Edward 2287 Spencer Road 101 . 29 18 . - 1 -25 . 1 Wendt, Scott 2411 Spencer Road 55 . 80 17 . - 1 - 1 . 31 Walden, Eric 2275 Spencer Road 117 . 70 17 . - 1 -27 Kennedy, Susan 40 Valley View Road 43 . 65 17 . - 1 - 57 . 2 Lynch, Rebecca 29 Station Road 173 . 69 17 . - 1 -6 Sundquist, Richard 68 Station Road 70 .40 17. - 1 -9 . 2 Whitley, Alan 54 Station Road 93 . 22 17 . - 1 - 11 Finley, John 72 Station Road 38 . 17 Total $2,759.15 now, therefore be it RESOLVED , that the Town Board of the Town of Danby authorizes the uncollected Water Bills for the West Danby Water District from November 1 , 2001 thru October 31 , 2002 in the amount of $2 , 759 . 15 be turned over to Tompkins County to be added to the 2001 Tax Roll for collection . 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 . 85 OF 2002 TRANSFER OF HIGHWAY FUNDS By Supervisor Dietrich : Seconded by Councilperson Strichartz. RESOLVED, that the Town Board of the Town of Danby approves the transfer of Highway Funds in the amount of $ 3 ,739 . 36 from account DA5140 .400 to account DA5112 .400 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye 3 Town Board Minutes November 11 , 2002 Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO.86 OF 2002 TRANSFER OF FUNDS WEST DANBY WATER DISTRICT By Supervisor Dietrich : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby transfers funds for the painting of the West Danby water tower. 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. 87 OF 2002 APPROVAL FOR TOWN HALL USE - MOVIE NIGHT By Supervisor Dietrich : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby approves the use of the Town Hall for Community Council Movie Night and that the meeting room shall be left neat and clean with the chairs as found. 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 88 OF 2002 FINAL ACCEPTANCE OF A PREEXISTING WATER MAIN ON SHORT ROAD NEAR BROWN ROAD By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, the Town board of the Town of Danby has been advised that the Tompkins County Health Department has completed its approval of a preexisting 3 -inch diameter water main commencing at the intersection of Brown Road and Short Road, and extending approximately 600 feet west along Short road to the northeast corner of Town of Danby Tax Parcel No . 17 . - 1 - 1 . 12 , constructed around 1999 by Roger Casterline ; and WHEREAS, the West Danby Board of Water Commissioners has accepted said main, planned to serve one additional home in the future on said Tax Parcel ; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Unlisted Action, with the Tompkins County Health Department and the West Danby Water District Board of Water Commissioners acting as involved agencies in coordinated review, makes a negative determination of environmental significance for this action; and it is IIFURTHER RESOLVED, that the Town Board of the Town of Danby accepts said water main, conditional on the conveyance of an easement to the Town for such main on said tax parcel . 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 Ii ' 4 Town Board Minutes November 11 , 2002 RESOLUTION NO . 89, of 2002 REQUEST FOR NYS LEGISLATURE TO CAP PROPERTY TAX SUPPORT OF MEDICAID PAYMENTS TO A MAXIMUM OF 2002 LEVEL By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, property tax is a regressive revenue sources because it is not based on the ability to pay, and WHEREAS, County, Town, Village, City and school districts use property tax as their main revenue source , and WHEREAS, the NYS legislature is indirectly using the property tax as a revenue source when it mandates that Counties pick up half of NYS ' s Medicaid costs , and WHEREAS, Medicaid costs are increasing at a much faster rate than the growth in the property tax base, and WHEREAS, this rapid, uncontrolled increase in Medicaid cost results in Counties having to choose between reduced appropriations for programs that are their basic responsibility or raise property taxes at double digit percentage rates while decreasing services , and WHEREAS, Towns, Villages , and Cities are having to pick up some of cost of the reduced services with their budgets which puts even more pressure on the property tax burden, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Danby demands the NYS legislature cap property tax support of Medicaid payments at a maximum of 2002 levels and preferably remove this burden entirely from the property tax, and be it further RESOLVED, that the Town Board of the Town of Danby urges the NYS Association of Towns to add this to the { list of Resolutions to be considered at the 2003 Annual Meeting, and be it further I RESOLVED, that the Town Clerk is directed to send a certified copy of this resolution to our representatives in Albany to Assemblyman •Martin Luster, Senator John R. Kuhl , Governor George Pataki, Senator James Seward and to Jeffrey Haber, Executive Director of the Association of Towns . 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 Supervisor ' s October 2002 Report Approval of Supervisor' s October 2002 Report was deferred. Approval of Town Clerk' s October 2002 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Town Clerk ' s October 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 : General Fund Warrant No. 11 of 2002 A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approved the General Fund Warrant No . 11 of 2002 in the amount of $ 11 , 198 . 52 , voucher numbers 527 - 603 . 5 Town Board Minutes November 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 Highway Fund Warrant No. 11 of 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 11 of 2002 in the amount of $29, 180. 14, voucher numbers 170- 187 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously West Danby Water District Fund Warrant No. 11 of 2002 A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 11 of 2002 in the amount of $ 5 ,054 . 10, voucher numbers 50- 55 . 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 9 : 00 p . m. Carol W. Sczepa ir ' Town Clerk min- 11 - 11 . 02