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HomeMy WebLinkAbout2003-08-11 n i i ' X303 TOWN OF DANBY TOWN BOARD MINUTES AUGUST 11 , 2003 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon , Naomi Strichartz, Gladys Varons-Lacey ABSENT : Councilperson Norbert Nolte (excused0) Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Sarah Newman - Planning Board Chairperson Ted Jones - Bookkeeper Members of the Public Bob Roe, Ken Horst, Roy Casterline 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 Strichartz requested that under Community Council she would like to report on the parade . The Code Enforcement Officer, Susan Beeners said that as a staff person she would request that under new business the Board consider authorization for her and the Town Attorney to work on modification to our Local Law No . 1 of 1985 related to electrical inspectors . REPORTS : EMC - Bob Roe reported that the Type I SEQR Review is being revised and is now ready to go to the County Board. Highway Report - July 2003 Report received . Zoning Report - July report received Susan Beeners reported that there is a proposed dry hydrant project where two (2) sites are being looked at by Tompkins County Soil and Water and the Fire Department. The sites being looked at are the pond in Fieldstone Circle and the Bryces ' pond near Steam Mill Road. The Fire Department Grant for the parade project has been spent and after vouchers are approved a writen report will be sent to the County. There is a BZA hearing on August 18 , 2003 and a possible five (5 ) pending . Planning Board Report Susan reported that the Planning Board approved a Preliminary Plat with conditions for the Simkin project. They will hold a public hearing on August 20, 2003 for the Phinney three (3 ) lot subdivision with a conservation area and easements . Recreation Partnership Report Councilperson Strichartz repoted that the partnership has been endangered by the fact that the County has theatned to pull out its one third contribution for programs. The County Human Services Committee met and they voted to continue the County donation . It has not been approved by the Board of Legislatures . Community Council Report Councilperson Strichartz reported that she thanks to the persons who applied for the grant for the parade . It enabled the Town to reinstate the parade which is an old tradition . She thanked the supervisor and Councilpersons Nolte and Varona Lacey for helping with the parade. Nancy Moore did an enormous amount of work to make the parade successful . There has been a lot of positive 1304 feedback from the community. Dog Control The Town Clerk reported that she has a person interested in doing a dog enumeration and is awaiting a proposal . Miscellaneous Reports : The Town Clerk reported the following : 1 ) There will be no primary election in the Town of Danby in September 2003 . 2 ) NYS has raised the fee for marriage license from $25 (twenty-five dollars) to $40 (forty dollars) effective August 1 , 2003 . 3 ) Community Service has been contacted to do some maintenance work at the Town Hall and to stain the gazebo . They will be available late August or early September. 4) The Farmers Market group are planning a recognition day for vendors, participants and users of the market. A dish to pass dinner will be held at the Fire Station Pavilion on Sunday August 17, 2003 from 5 : 30 - 7 : 00 p. m . Comprehensive Plan Revisions : Sarah Newman presented proposed revisions to the Comprehensive Plan . She said that she thinks that the revisions reflect the suggested changes presented to her by the Board. The Board reviewed Comprehensive Plan revisions as presented by Sarah Newman . Motion to Approve A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby accepts the proposal for minor revisions to Strategy D1 . 1 . 4 , Strategy D1 . 1 . 7 , and Strategy G2 .44 .4 . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Motion to Approve Language for E1.2 . 5 A motion was made by Councilperson Varona-Lacey and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the modification to E1 . 2 . 5 as proposed by Councilperson Gagnon to read: In cooperation with other municipalities in Tompkins County, consider pursuing New York State authorization for Town control of speed limits on Town and County roads, weighing the increased local administration and enforcement costs that such local control would generate as part of the process . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Motion to Approve p11G-4 Section 7 and p . 11G-5 Section 8 A motion was made by Councilperson Gagnon and seconded by Councilperson Varona Lacey that the Town Board of the Town of Danby approves p 11 G-4 Section 7 and p. 11 G-5 Section 8 as revised in the proposed revisions . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Varona-Lacey Aye 1305 I 3 Town Board Minutes August 11 , 2003 Dietrich Aye Carried Motion to Set Public Hearing - Comprehensive Plan A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby sets the date of Monday, September 22 , 2003 at 7 : 00 p . m. for a public hearing for the Comprehensive Plan . A roll call vote on the motion resulted as follows : Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Advertising of the Public Hearing for Comprehensive Plan Councilperson Gagnon suggested that Sarah Newman place notice of the public hearing for the Comprehansive Plan in the Ithaca Journal and Councilperson Gagnon will write an article for the Danby Area News . Danby Down ' n Dirty Trail Run The Town Clerk reported that she has received formal notice from the Race Director the Finger Lakes Runners Club that the Annual "Danby Down ' n Dirty Trail Run" is scheduled for October 12 , 2003 . The trail run will be in the Danby State Forest along Michigan Hollow and Bald Hill Roads and this is the sixth year that the Finger Lakes Runners Club is hosting this run . The Department of Conservation has requested that the Town be formally notified of the run . Olde Towne Road Abandonment Susan Beeners reported that she transmitted to the Board the proposed resolutions for the Olde Towne Road Abandonment. The description of what is being abandoned was revised as requested by Attorney Stumbar and Susan Beeners . RESOLUTION NO. 59 OF 2003 Negative Determination of Environmental Significance In the Matter of Consenting to the Filing, by the Town of Danby Highway Superintendent, of a Description of a Certain Highway Right of Way known as ` Old Town Road ' Deemed Abandoned Pursuant to New York State Highway Law Article 8, Section 205, Paragraph 1 By Councilperson Gagnon : Seconded by Supervisor Dietrich WHEREAS, Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways, provides that every highway that shall not have been traveled or used as a highway for six (6) years shall cease to be a highway, and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file, and cause to be recorded in the Town Clerk ' s office of the Town a written description, signed by him, and by said Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued; and WHEREAS, the highway right of way under consideration is described as follows : Old Town Road commencing at its intersection with the centerline of Danby Road (New York State Route 96B) and running westerly a distance of approximately 324 feet to the eastern edge of the previously abandoned portion of Old Town Road (which abandonment was established by a Judgment of the Tompkins County Supreme Court in an action styled "Willard Tichnor Daetsch, Dorothy A . Daetsch, Alec E . Wright, and Eileen B . Wright, against Marge Taber and Town of Danby, Tompkins County Supreme Court Index Number 87- 513 , Judgment entered on March 21 , 1988 and affirmed as modified by the Appellate Division Third Department, New York State Supreme Court at 149 A.D . 2d 864), such highway right of way having a width equal to the width of the road established by public use but in no event wider than three rods ; and WHEREAS, the Town of Danby Town Board has determined that such matter is ministerial 1300 4 Town Board Minutes August 11 , 2003 pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 of 1991 "Providing for Environmental Review of Actions in the Town of Danby", but is reviewing the matter as an Unlisted Action, with the Town Board acting as Lead Agency in environmental review and with no other involved agencies ; and WHEREAS , the Town of Danby Town Board has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement Officer; now be it RESOLVED , that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this matter, which has been treated as an Unlisted Action, accepts the draft Short Environmental Assessment Form and recommendation as presented, and makes a negative determination of environmental significance for this action . A roll call vote on the resolution resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 60 OF 2003 In the Matter of Consenting to the Filing, by the Town of Danby Highway Superintendent, of a Description of a Certain Highway Right of Way known as ` Old Town Road ' Deemed Abandoned Pursuant to New York State Highway Law Article 8. Section 205. Paragraph 1 By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, Article 8 , Section 205 , Paragraph 1 of the New York State Highway Law relating to Town Highways, provides that every highway that shall not have been traveled or used as a highway for six (6) years shall cease to be a highway, and that the Town Highway Superintendent with written consent of a majority of the Town Board shall file, and cause to be recorded in the Town Clerk ' s office of the Town a written description, signed by him, and by said Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued; and WHEREAS, the Town of Danby Highway Superintendent has determined that the highway right of way described herein has not been opened and worked, or traveled or used as a highway in six (6) years , and that the Town Highway Department has not maintained such highway in six (6) years ; and WHEREAS , the Town of Danby Town Board, on August 11 , 2003 has reviewed the draft written description of said highway right of way deemed abandoned as presented by the Town Highway Superintendent, with such highway right of way more particularly described as follows : Old Town Road commencing at its intersection with the centerline of Danby Road (New York State Route 96B) and running westerly a distance of approximately 324 feet to the eastern edge of the previously abandoned portion of Old Town Road (which abandonment was established by a Judgment of the Tompkins County Supreme Court in an action styled "Willard Tichnor Daetsch , Dorothy A. Daetsch, Alec E . Wright, and Eileen B . Wright, against Marge Taber and Town of Danby, Tompkins County Supreme Court Index Number 87 - 513 , Judgment entered on March 21 , 1988 and affirmed as modified by the Appellate Division Third Department, New York State Supreme Court at 149 A.D . 2d 864) , such highway right of way having a width equal to the width of the road established by public use but in no event wider than three rods ; NOW BE IT RESOLVED , that the Town of Danby Town Board hereby confirms and accepts the determination { of the Town of Danby Highway Superintendent that said highway right of way has not been opened and worked, or traveled or used as a highway in six (6) years , and that the Town Highway jj Department has not maintained such highway in six (6) years ; and be it 1311 5 Town Board Minutes August 11 , 2003 FURTHER RESOLVED , that the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town Clerk ' s office of the Town of Danby said written description of said highway right of way deemed abandoned ; and be it FURTHER RESOLVED , that this Resolution shall constitute the written consent of a majority of the Town Board. A roll call vote on the resolution resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 61 OF 2003 PRELIMINARY ACCEPTANCE OF THE LOCATION OF A PROPOSED ROAD EXTENSION, DRAINAGE IMPROVEMENTS AND DEDICATION - OLDE TOWNE ROAD EXTENTION PROJECT By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey WHEREAS, the Planning Board of the Town of Danby on July 16, 2003 granted Preliminary Subdivision and Site Plan Approval, with conditions , for the proposed Modification of a portion of the Olde Towne Village Subdivision Plat; and WHEREAS, the Town Board of the Town of Danby has reviewed he Planning Board Resolution, the Preliminary and final Plat application materials, and the report from the Town ' s consulting engineer on this project related to drainage impacts ; NOW, THEREFORE, IT IS RESOLVED, that the Town board of the Town of Danby grants Preliminary Acceptance of the Location of the Proposed Road Extension, Drainage Improvements, and Dedication as shown on the materials conditional upon the following : 1 . Application to and approved by the Planning board, of the Final Plat and Site Plan. 2 Compliance with subsequent requirements of public facility acceptance as provided in the Town of Danby Subdivision Regulations , Zoning Ordinance and Highway Specifications, and approval by the Town board of an Agreement found satisfactory bo the Town Attorney related to same . A roll call vote on the resolution resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 62 OF 2003 AUTHORIZATION FOR TOWN ATTORNEY AND CODE ENFORCEMENT OFFICER TO DRAFT A MODIFICATION OF LOCAL LAW NO. 1 OF 1985 By Supervisor Dietrich : Seconded by Councilperson Varona Lacey RESOLVED, that the Town Board of the Town of Danby authorizes the Town Attorney and Code Enforcement Officer to draft legislation for a minor modification of Local Law No . 1 of 1985 to allow Atlantic Inland as well as the New York Board of Fire Underwriters in other qualified electrical agencies to do electrical inspections in the Town . A roll call vote on the resolution resulted as follows : (Councilperson Nolte absent) Gagnon Aye 1312 6 Town Board Minutes August 11 , 2003 Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Approval of Supervisor ' s July 2003 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Town Supervisor' s July 2003 report as submitted. A roll call vote on the motion resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye Varona-Lacey Aye Carried Approval of Town Clerk' s July 2003 Report A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the Town Clerk ' s July 2003 report as submitted. A roll call vote on the motion resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried APPROVAL OF WARRANTS Approval of General Fund Warrant No. 8 of 2003 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the General Fund Warrant No . 8 of 2003 voucher numbers 323 -364 in the amount of $ 12 , 513 . 11 . A roll call vote on the motion resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Approval of Highway Fund Warrant No. 8 of 2003 By Councilperson Varona- Lacey and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 8 voucher numbers 125 - 136 in the amount of $ 19,709 . 99 . A roll call vote on the motion resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Approval of West Danby Water District Fund Warrant No. 8 of 2003 A motion was made by Councilprson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 8 of 2003 voucher numbers 29-31 in the amount of $ 220 . 89 . A roll call vote on the motion resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye I 1309 I 7 Town Board Minutes August 11 , 2003 Varona-Lacey Aye Dietrich Aye Carried Abstract for CD200 Account A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the CD200 Abstract in the amount of $383 . 37 . A roll call vote on the motion resulted as follows : (Councilperson Nolte absent) Gagnon Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried ADJOURNMENT On a motion the meeting adjourned at 8 : 45 p . m. aidal I4ithzd: Carol W. Sczepans ,/ 1/. wn Clerk min- 8 - 11 . 03