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HomeMy WebLinkAbout2003-05-12 If 1263 I Town Board Minutes May 12 , 2003 TOWN OF DANBY TOWN BOARD MINUTES MAY 12 , 2003 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz ABSENT : Gladys Varona-Lacey (excused) Others Present : Highway Department Secretary - Sue Howe Code Enforcement Officer - Susan Beeners Town Clerk - Carol Sczepanski Members of the Public : Dawn & Corey Mortimer, Jim Houghton, Mary Scott, Ames Brown, Paul Dennis , Roy Casterline , Kathie Bergham, Jodi Sterling Supervisor Dietrich opened the regular meeting of the Town Board at 7 : 30 p .m. and led all present to the Pledge of Allegiance to the American flag . Proposed Local Law No. 1 of 2003 Public Hearing - Proposed Local Law No . 1 of 2003 "A Local Law Amending Local Law No . 3 of 2002 by Designating Smiley Hill Road, and the Seasonal -maintenance Portions of Durfee Hill Road, Howard Road, Marsh Road, and Deputron Hollow Road as Minimum Maintenance Roads . " was moved to the first item on tonight ' s agenda. Supervisor Dietrich reported to the Board that they must discuss whether or not we are going to enact this local law with the three (3 ) year provision and whether we want to change the designations on the road or leave it a seasonal use road . Councilperson Nolte asked if it would be difficult to drop portions of the roads stated in the proposed local law. Susan Beeners said if you are talking about extending the year round portion of the road you could change it and revise the definition for Deputron Hollow . The law provides to drop 500 feet of the seasonal maintenance portion of Deputron Hollow . Councilperson Gagnon said that one of the considerations if Deputron Hollow Road were to be declared a year-round road is where is the plow going to turn around . It ' s a matter of negotiation with the property owner whether you can deed a turn-around in order to extend the road. He said that he would not want to commit to changing it from seasonal maintenance to year-around for that stretch without some negation Councilperson Strichartz said that she does not think we can maintain Deputron Hollow Road at a higher level than we are doing as we do not have the money. Supervisor Dietrich said that what we are really doing is firming up a process by which the Town can take some time to make decisions on its roads . Susan Beeners reported to the Board that there is no change to the surrounding properties . They are located on a seasonal portion of the road and assessed by Tompkins County Assessment as being located on a seasonal road. RESOLUTION NO. 45 OF 2003 SEQRA DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE WITH RESPECT 1264 2 Town Board Minutes May 12, 2003 TO THE PROPOSED LOCAL LAW NO. 1 OF 2003 ENTITLED : "A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 2002 BY DESIGNATING SMILEY HILL ROAD, AND THE SEASONAL MAINTENANCE PORTIONS OF DURFEE HILL ROAD, HOWARD ROAD, MARSH ROAD, AND DEPUTRON HOLLOW ROAD AS MINIMUM MAINTENANCE ROADS" By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, this Action is the consideration of a SEQRA Determination of Environmental Significance with Respect to the Proposed Local Law entitled: "A Local Law Amending Local Law No. 3 of 2002 by Designating Smiley Hill Road, and the Seasonal Maintenance Portions of Durfee Hill Road, Howard Road, Marsh Road, and Deputron Hollow Road as Minimum Maintenance Roads", and WHEREAS, this is an Unlisted Action for which the Town Board of the Town of Danby is Lead Agency in environmental review, and for which the Tompkins County Department of Planning, as an interested agency, has been notified for purposes of General Municipal Law 239 review, and WHEREAS, the Town Board of the Town of Danby has reviewed the SEQRA Environmental Assessment Form and the recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made for this Action, 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, makes a negative determination of environmental significance . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried RESOLUTION NO. 46 OF 2003 ADOPTION OF LOCAL LAW NO. 1 OF 2003 A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 2002 BY DESIGNATING SMILEY HILL ROAD, AND THE SEASONAL MAINTENANCE PORTIONS OF DURFEE HILL ROAD, HOWARD ROAD, MARSH ROAD, AND DEPUTRON HOLLOW ROAD AS MINIMUM MAINTENANCE ROADS By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, a public hearing was held by the Town Board of the Town of Danby at 7 : 00 p . m. on May 12 , 2003 to hear all interested parties on a proposed local law entitled : A local Law Amending Local Law No . 3 of 2002 by Designating Smiley Hill Road, and the Seasonal Maintenance Portions of Durfee Hill Road, Howard Road, Marsh Road, and Deputron Hollow Road as Minimum Maintenance Roads" , and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal on April 29 , 2003 , and WHEREAS, said public hearing was duly held on said date and time at the Town Hall at 1830 Danby Road, Ithaca, New York, 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), the Town Board acting as Lead Agency in environmental review of the Unlisted Action has made a negative determination of environmental significance, and WHEREAS, the Tompkins County Department of Planning on March 19 , 2003 has indicated pursuant to General Municipal Law ss239 that the mater has no negative inter-community or county-wide impacts , NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled : "A local Law ;' i 1 � 4. it 'ih , fI 1 ' ; ! II 1gliii , d ; It ligl 1 t { Ili F I i 1265 3 Town Board Minutes May 12, 2003 Amending Local Law No . 3 of 2002 by Designating Smiley Hill Road, and the Seasonal Maintenance Portions of Durfee Hill Road, Howard Road, Marsh Road, and Deputron Hollow Road as Minimum Maintenance Roads", and a copy of which is attached hereto and made part of this resolution, and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. LOCAL LAW NO. 1 OF .2003 A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 2002 BY DESIGNATING SMILEY HILL ROAD, AND THE SEASONAL-MAINTENANCE PORTIONS OF DURFEE HILL ROAD, HOWARD ROAD, MARSH ROAD, AND DEPUTRON HOLLOW ROAD AS MINIMUM MAINTENANCE ROADS Be it enacted by the Town Board of the Town of Danby as follows : Section 1 This local law amends Section 2 of Local Law No . 3 of 2002 , "A Local Law Classifying Certain Roads or Portions Thereof as Minimum Maintenance Roads" , adopted by the Town Board on December 30, 2002 , by adding the specific roads or sections of roads described herein to the list of low volume roads which are designated as minimum maintenance roads . Section 2 of Local Law No . 3 of 2002 is hereby amended by adding new subsections c , d, e, f, and g reading as follows : "c . All of Smiley Hill Road, from its intersection with Hill Road to its intersection with Michigan Hollow Road. d. The seasonal-maintenance portion of Durfee Hill Road, commencing at a point 1900+/- feet from the intersection of Durfee Hill Road with I\YS Route 96-B , and thence running northerly 5280+/- feet to the eastern end of a year-round portion of Durfee Hill Road . e . The seasonal-maintenance portion of Howard Road, commencing at a point 600+/- feet easterly of the intersection of Howard Road with Durfee Hill Road, and thence running east 1500+/- to a turnaround. f. The seasonal-maintenance portion of Marsh Road, commencing at a point 1100+/- feet south of the intersection of Marsh Road with Hornbrook Road, and thence running south 965 +/- feet to its intersection with Deputron Hollow Road. g. The seasonal-maintenance portion of Deputron Hollow Road, commencing at the intersection of Deputron Hollow Road with Marsh Road, and thence running in a easterly direction 6072+/- feet to the northwestern end of the year-round portion of Deputron Hollow Road. " Section 2 — Separability In the event that any portion of this local law amending Section 2 of Local Law No . 3 of 2002 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 amending Section 2 of Local Law No . 3 of 2002 shall take effect immediately upon the posting of appropriate signage conforming to the Manual of Uniform Traffic Control Devices pursuant to Sections 4, 6, and 11 of Town of Danby Local Law No. 2 of 2002 , and upon its filing in the Office of the Secretary of the State of New York. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried PRIVILEGE OF THE FLOOR Carol Sczepanski reported : 1 ) the Local Assessment Board of Review is scheduled for Thursday, May 15 , 2003 from 3 : 00 to 6 : 00 p. m. here at the Town Hall; I f i i 1266 4 Town Board Minutes May 12, 2003 2) School Board Elections are Tuesday, June 3 , 2003 from noon to 9 : 00 p . m. ; 3 ) Confirmation from the NYS Department of Transportation of the request for a speed limit on Coddington Road has been filed in her office. REPORTS Highway Report - April, 2003 report received. Zoning - April, 2003 report received. Code Enforcement Officer Susan Beeners reported that she would like to add to the agenda a request for transfer of $ 1 ,000 from the Building Capital Reserve Fund to pay Brian DeYoung . The amount was approved last year. Dog Control - April, 2003 report received. Recreation Partnership - The Town of Danby needs a representative for the Recreation Partnership Board. It is difficult to find a representative who can attend the Tuesday meeting. Community Council Councilperson Strichartz reported that there will be a concert Sunday, May 18 , 2003 . The Agreement between the Town and Community Council has not been signed and filed. Senior Citizens Carol Sczepanski reported that the Danby Senior Citizens held their monthly dish-to-pass supper and on the first Thursday in May. Joe Lockwood, the good growing doctor gave a presentation to the group . They will go on trip to Auburn Merry-go-Round Theater to see South Pacific with dinner at Lacosa ' s on May 31 , 2003 . Municipal Planning Group Councilperson Gagnon reported that the Municipal Planning Group Meeting in April that Ed Marx from the Tompkins County Planning Department attended their meeting. Ed Marx reported to the group that the County may eliminate the Circuit Rider Program and substituting for it a contractual relationship with municipalities for a half- time person. Ed Marx also proposes that currently under NYS General Municipal Law Sections 239-1 & m whenever we take certain actions which include actions by the Planning Board and the Board of Zoning Appeals it is subject to review by the County Planning Department. There are certain things that are fairly routine and he is proposing to create a list of items that would be excluded from review by mutual agreement. Ed Marks from Tompkins County Planning would like comments on the proposal from municipalities by the end of June . Supervisor Dietrich said that he would like to know who are the participating towns and what would be the cost to participate in the Circuit Rider program. Susan Beeners reported that she could transmit the list of items that County Planning can provide at the July Agenda Meeting and transmit the Boards comments to the June Planning Meeting. NEW BUSINESS Motion for Mowing Contract for Town Properties - Approved A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the agreement submitted by Forest City Landscaping for mowing of the Town properties . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona- Lacey absent) Carried RESOLUTION NO. 47 OF 2003 AUTHORIZATION FOR HIGHWAY SUPERINTENDENT TO SEND TRUCK #36 TO AUCTION By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby authorizes the Town Highway Superintendent to send Truck #36 to auction . A roll cal vote on the resolution resulted as follows : E r 1267 5 Town Board Minutes May 12 , 2003 Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried RESOLUTION NO. 48 OF 2003 AUTHORIZATION TO SELL V-BOTTOM By Councilperson Nolte : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby authorizes the Town Highway Superintendent to sell the V-Bottom to the Town of Ithaca and that the price is to be negotiated by N. Nolte, F . Noteboom and the Danby Highway Superintendent. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried RESOLUTION NO. 49 OR 2003 TRANSFER OF FUNDS - Maintenance/Repair Person By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby transfers $2 ,000 . 00 from account A1989 .400 to A1620 . 100 and $ 1000 . 00 from A1989 .400 to A1620 .400 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried Transfer of Funds for Work on Town Hall A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby transfers $ 1000. 00 from account A230 to A1620 .4R to pay approved work authorized by a change order on July 1 , 2002 as the work has been completed and an invoice has been submitted by Brian DeYoung. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona- Lacey absent) Carried Approval of Town Supervisor ' s April, 2003 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Supervisor ' s report for April , 2003 as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye (Councilperson Varona- Lacey absent) Carried Approval of the Town Clerk' s April, 2003 Report I I I f I i l it 1 I. 1268 6 Town Board Minutes May 12, 2003 A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Town Clerk ' s report for April, 2003 as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona- Lacey absent) Carried APPROVAL OF WARRANTS Approval of General Fund Warrant No. 5 of 2003 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the General Fund Warrant No . 5 of 2003 voucher numbers 197-232 in the amount of $4 , 851 . 97 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona- Lacey absent) Carried Approval of Highway Department Fund Warrant No. 5 of 2003 A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 5 of 2003 voucher numbers 62- 83 in the amount of $ 38 , 909 . 16 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona- Lacey absent) Carried Approval of West Danby Water District Fund Warrant No. 5 of 2003 A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 5 of 2003 voucher numbers 16- 19 in the amount of $548 . 89 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona- Lacey absent) Carried ADJOURNMENT On a motion the meeting adjourned at 8 : 55 p . m . (1 __ . Carol W. Sczepan ; li / own Clerk