HomeMy WebLinkAbout2003-08-11 n i i '
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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
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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
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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
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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
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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
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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
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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