HomeMy WebLinkAbout2003-11-10 1 Town Board Minutes
November 10, 2003
TOWN BOARD MINUTES
NOVEMBER 10, 2003
PRESENT :
Supervisor Dietrich
Councilpersons : Joel Gagnon , Naomi Strichartz, Gladys Varona Lacey
ABSENT :
Councilperson Nolte (excused)
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Roy Casterline - West Danby Water District Superintendent
Sue Howe - Highway Department Secretary
Members of the Public :
Willard T. Daetsch
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 ) Response to communication from Marge Hovanec
2 ) Appointment of Chairperson for Planning Board
3 ) Approval to send Councilperson Gagnon to the November Municipal Officials Meeting
PRIVILEGE OF THE FLOOR
Willard Daetsch congratulated the Town Supervisor and Councilpersons on their re-election to the
Board.
REPORTS :
Highway Department Report
Sue Howe requested an update to the CSEA Contract. She is going to meet with the bookkeeper and
go over the highway accounts .
Zoning - Monthly Report September received.
Planning - Susan Beeners reported that the Planning Board will be working on priorities for
implementation of the Comprehensive Plan Strategies . She said that they would like an intern for
the spring semester.
Supervisor Dietrich said that he would like to see an action committee put together to explore a noise
ordinance and a burning ordinance for the Town . He would like to see residents on the action
committees .
Councilperson Gagnon said that the message he would transmit to the Planning Board is that the
Town Board has residents who are interested on the noise and burning issue and ask if they want to
coordinate this or do they want the Town Board to do it.
Councilperson Strichartz said that she tried for a very long time to get the quality of life issues
included in the Comprehensive Plan . She is grateful it is now included in the plan and the Town
Board sees the quality of life issues as a priority.
Recreation Partnership
Councilperson Strichartz reported that Karen Coleman from the Tompkins County Youth Bureau
attends meetings but she will be unavailable soon due to County cut backs . The program manager
will continue but there are cut backs there also . The County has given fifteen( 15 ) months notice that
they are pulling out of the Partnership .
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November 10, 2003
Community Council
Councilperson Strichartz reported on two concerts to be held here at the Town Hall :
Sunday, November 16 , 2003 at 3 : 00 p . m.
Sunday, December 7, 2003 at 3 : 00 p . m.
Councilperson Gagnon reported that on Saturday, November 15 , 2003 there will be a harvest dinner
at the West Danby Fire Hall from 5 : 00 to 7 : 00 p . m.
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Senior Citizens
Carol Sczepanski reported that the Senior Citizens held their Thanksgiving Celebration on Thursday,
November 6, 2003 and it was attended by 41 seniors .
RESOLUTION NO . 80 OF 2003
APPROVAL TO ADD UNPAID WATER BILLS FROM OCTOBER 31 , 2002 THROUGH
OCTOBER 31 , 2003 TO THE TOWN AND COUNTY TAX ROLL FOR COLLECTION
By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey
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 , 2002 through October 31 , 2003 :
PARCEL NO . NAME ADDRESS AMOUNT
25 . - 1 -9 . 1 Pickett, Mark 2575 Spencer Road $ 96 . 80
18 . - 1 -25 . 1 Wendt, Scott 2411 Spencer Road 112 . 48
17 . - 1 - 1 . 31 Walden, Eric 2275 Spencer Road 112 . 20
24 .- 1 - 3 Fine, Gary 2643 Spencer Road 21 . 45
26 . - 1 - 10 . 2 Orlow, Anthony 2754 Spencer Road 52 .47
17 . 1 - 33 DeYoung, Brian 9 Valley View Road 29 . 18
17 . 1 -37 MK Diemecke , Christine 26 Maple Avenue 60 . 74
26 . 1 - 8 LA Woodward, Vance &Pat 2741 Spencer Road 218 . 51
17 . - 1 - 3 . 1 IG Lockwood, Jeff 497 Brown Road 20 . 89
17 . 1 - 14 Lang, Cynthia 515 Brown Road 85 . 80
17 . - 1 - 16 KH Hendrix, Evelyn 36 Station Road 67 . 65
17 . - 1 - 57 . 11 PL Osburn, Andrea 17 Station Road 44 . 00
17 . - 1 - 19 MM Wright, Donald 18 Station Road 139 . 92
17 . - 1 - 17 LA Schilling, Vera 14 Station Road 151 . 52
17 . - 1 - 3 Banta, Theodore 475 Brown Road 193 . 26
17 . - 1 -42 Grover, Albert L . & 33 Maple Avenue 177 . 54
17 . 1 - 1 . 33 Biscup , Edward 2287 Spencer Road 169 . 02
17 . - 1 -27 Kennedy, Susan 40 Valley View Road 58 . 10
17 . - 1 - 57 . 2 Lynch, Rebecca 29 Station Road 171 . 82
Total $1 ,983 .35
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 , 2002 thru October 31 , 2003 in the amount of
$ 1 , 983 . 35 be turned over to Tompkins County to be added to the 2004 Tax Roll for collection .
A roll call vote on the resolution resulted as follows :
(Councilperson Nolte absent)
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
REVIEW OF PRELIMINARY BUDGET
Supervisor Dietrich said that we should take a look at our budget again to see if it is possible to
reduce the tax rate further. The Mortgage Tax Revenue received in 2003 is larger than expected .
He suggested that $ 12 , 000 of that tax be used to reduce the 2004 tax rate .
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November 10, 2003
Councilperson Gagnon said that we need to keep the funds in the fund balance as there is a need to
capitalize equipment.
Motion to Amend the Preliminary Budget
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby uses $ 12 , 000 of the 2003 Mortgage Tax revenue received
for 2003 to lower the tax rate by 1 % to a 1 . 80% increase .
A roll call vote on the motion resulted as follows :
(Councilperson Nolte absent)
Gagnon Nay
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
RESOLUTION NO. 81 OF 2003
RESOLUTION ADOPTING ANNUAL TOWN OF DANBY BUDGET FOR FISCAL YEAR
2004 AS AMENDED AND REVISED
By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey
WHEREAS, the Town of Danby Town Board having, on November 5 , 2003 held a public hearing
on the preliminary budget approved by this Board and filed with the Town Clerk for the fiscal year
commencing January 1 , 2004, and having heard all persons desiring to be heard in the matter, and
the matter of the budget for this Town for such fiscal year having been fully discussed and
considered, it is
RESOLVED, that said preliminary budget as amended and revised and as hereinafter set forth is
hereby adopted and that the several amounts stated in the column titled "Adopted" in Schedule Al ,
Schedule Dl , and SW1 and they hereby are appropriated for the objects and purposes specified and
the salaries and wages stated in Schedule 5 of such budget shall be and are hereby fixed at the
amounts shown therein effective January 1 , 2004, and be it further
RESOLVED, that the Town Clerk of the Town of Danby shall prepare and certify as provided by
law, duplicate copies of the said annual budget hereby adopted, and deliver one of such copies to the
Supervisor of the Town , and that she shall present such copy to the Board of Legislators of
Tompkins County as required by law .
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. 82 of 2003
MEMORANDUM OF UNDER STANDING FOR HYDRAULIC EXCAVATOR
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS, an amicable agreement has been worked out between the Town of Lansing and the
Town of Danby regarding the acquisition of the Hydraulic Excavator, now therefore be it
RESOLVED, that the Town Board of the Town of Danby approves the signing of the Memorandum
of Understanding requesting that agreement by the Town Supervisor.
A roll call vote on the resolution resulted as follows :
(Councilperson Nolte absent)
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
Memorandum of Understanding
Between the Towns of Danby and Lansing
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November 10, 2003
SUBJECT : GRADALL PURCHASE
This Memorandum of Understanding between the Town of Danby and the Town of Lansing
acknowledging the commitment from the Town of Danby to purchase a 1994 Gradall XL-4100 from
the Town of Lansing with 4 ,300+1- hours on rear motor for a price of $ 50 , 000 .
The Town of Danby will have financing in place to complete the purchase of the Gradall no later •
than the January 12 , 2004 (the 1st Town Board Meeting of 2004) .
To be signed by the Supervisor of the Town of Danby and the Supervisor of the Town of Lansing .
RESOLUTION NO 83 OF 2003
CONSIDERATION OF CERTAIN TERMS AND AGREEMENTS RELATED TO THE
PROPOSED ROAD EXTENSION AND OTHER PUBLIC IMPROVEMENTS - OLDE
TOWNE ROAD EXTENSION PROJECT
By Councilperson Strichartz : Seconded by Councilperson Gagnon
WHEREAS , the owner and the developer of Town of Danby Tax Parcels 2 . - 1 -22 .43 and —22 . 44 in
Olde Towne Village Residential Community North, the owner being Igor Cheikhet, with ADIS
Company LLC , Boris Simkin , acting as agent and as developer, has proposed modification of a
portion of "Final Plat for Old Town Village Residential Community North", approved by the Danby
Planning Board on March 3 , 1988 and the Danby Town Board on April 18 , 1988 ; with the proposed
modification involving lot line modification of said tax parcels, and construction and dedication by
the developer of a road extension and turnaround, located at the east end of Olde Towne Road, in
Planned Development Zone 8 ; and
WHEREAS , the Town of Danby Planning Board by Resolution No . 14 of 2003 on September 18 ,
2003 granted Final Subdivision and Final Site Plan Approval to said modification, as shown on
"Olde Towne Road Extension Subdivision Plat, Site, and Drainage Plan, August 19 , 2003 , revised
Sept. 12 , 2003 , by Gary L . Wood. , P . E . , and Reagan Land Surveying, with various conditions of
approval ; and
WHEREAS, the Town Board of the Town of Danby by Resolution No . 61 of 2003 on August 11 ,
2003 granted preliminary acceptance of the location of the proposed road extension, drainage
improvements , and dedication with various conditions related to subsequent project review and
approval ; and
WHEREAS , the developer would like to apply for and obtain building permits for construction of
dwellings on the involved Tax Parcels 2 . - 1 -22 .43 and —22 . 44 ;
WHEREAS , the road extension and drainage improvements ( ` the Project") have been partially
constructed; and
WHEREAS , prior to the issuance of any building peinnits, various terms and agreements are
required related to the construction , completion , and dedication of the Project;
NOW, THEREFORE, IT IS
RESOLVED that the Town Board hereby adjourns any consideration of authorizing the Code
Enforcement Officer to issue building permits for construction on said Tax Parcels, until the
following information has been provided to the Town Board :
1 . A recommendation by the Town Highway Superintendent and the Code Enforcement Officer,
based on consultation with the developer ' s engineer and the engineer retained by the Town at
the developer ' s expense , that the present and pending work on the project is in substantial
conformance with the approved plans for this project, that the present work is suitable for
purposes of allowing access for building construction, and that there are suitable provisions for
maintaining such access .
2 A draft Contract from a reputable contractor, between the developer and the contractor, approved
by the Town Highway Superintendent and the Attorney for the Town, for the construction of the
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November 10, 2003
road extension and related drainage, erosion and sedimentation controls, stormwater
management controls, and related project costs together with the consent of the contractor to the
assignment of said contract to the Town and an agreement by said contractor to complete the
work in accordance with said contract if the Town so requests ;
3 . . A draft Letter of Credit from a financial institution chartered under the laws of the State of New
York, in form and substance satisfactory to the Town Supervisor and the Attorney for the Town
in an amount estimated by them to be sufficient to secure the cost of completing said Project and
conveying said road right of way to the Town, of any proceedings brought to compel such
conveyance , and of constructing said Project in accordance with the Town ' s Highway
Specifications and Subdivision Regulations ; and
4 . A draft Agreement implementing the foregoing in form and substance satisfactory to the Town
Supervisor and the Town Attorney, the purpose of which would be to assure to the Town that
said Project and associated public improvements will be constructed and conveyed to the Town
in accordance with Town requirements .
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. 84 OF 2003
APPRECIATION TO SENATOR JAMES SEWARD ON BEHALF OF NYS BREAST
CANCER SURVIVORS
By Councilperson Strichartz : Seconded by Councilperson Gagnon
WHEREAS, the Town Board of the Town of Danby recognizes that the breast cancer epidemic is
affecting many of our families , friends , and neighbors , and
WHEREAS, breast cancer must be addressed on four levels : prevention, early detection, support
and education services , and effective treatment, and
WHEREAS, the Town Board of the Town of Danby recognizes a scientifically established link
between environmental toxins and breast cancer incidence and further recognizes that prevention
strategies for breast cancer must include reduction in exposure to environmental toxins, and
WHEREAS, the Ithaca Breast Cancer Alliance provides vital support and information services that
enables Danby residents to make informed choices about breast cancer prevention, detection, and
effective treatment; Now be it
RESOLVED, that the Town Board of the Town of Danby recognizes and appreciates Senator James
Seward ' s on-going efforts on behalf of the New York State Breast Cancer Survivors Support
Initiative which has allowed New York State to provide grants to the Ithaca Breast Cancer Alliance
to help keep its services available and free of charge to all area residents, and
RESOLVED, that the Town Board of the Town of Danby further thanks Senator James Seward for
recognizing the importance of reducing our exposure to environmental toxins and supporting the
refinancing of the Superfund to clean up toxic sites, and
RESOLVED, that the Town clerk of the Town of Danby shall mail a copy of this resolution to
Senator James Seward with the gratitude of so many of our Danby residents .
A roll call vote on the resolution resulted as follows :
(Councilperson Nolte absent)
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
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November 10, 2003
RESOLUTION NO . 85 OF 2003
THANK YOU TO ASSEMBLYWOMAN BARBARA LIFTON ON BEHALF OF THE NEW
YORK STATE BREAST CANCER SURVIVORS SUPPORT INITIATIVE
By Supervisor Dietrich : Seconded by Councilperson Varona-Lacey
WHEREAS, the Town Board of the Town of Danby recognizes that the breast cancer epidemic is
affecting many of our families , friends , and neighbors , and
WHEREAS, breast cancer must be addressed on four levels : prevention , early detection , support
and education services , and effective treatment, and
WHEREAS, the Town Board of the Town of Danby recognizes a scientifically established link
between environmental toxins and breast cancer incidence and further recognizes that prevention
strategies for breast cancer must include reduction in exposure to environmental toxins , and
WHEREAS, the Ithaca Breast Cancer Alliance provides vital support and information services that
enables Danby residents to make informed choices about breast cancer prevention, detection, and
effective treatment; Now be it
RESOLVED, that the Town Board of the Town of Danby recognizes and appreciates
Assemblywoman Barbara Lifton ' s on-going efforts on behalf of the New York State Breast Cancer
Survivors Support Initiative which has allowed New York State to provide grants to the Ithaca Breast
Cancer Alliance to help keep its services available and free of charge to all area residents , and
RESOLVED, that the Town Board of the Town of Danby further thanks Assemblywoman Barbara
Lifton for recognizing the importance of reducing our exposure to environmental toxins and
supporting the refinancing of the Superfund to clean up toxic sites , and
RESOLVED, that the Town clerk shall mail a copy of this resolution to Assemblywoman Barbara
Lifton with the gratitude of so many of our Danby residents .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
(Councilperson Nolte absent) ' Carried
COMMUNICATIONS :
Response to Letter to Town Board from Jim Hovanec
Re : USA Patriot Act and Resolution No . 72 of 2003
Supervisor Dietrich reported that the Town Board has received a letter from Jim Hovanec of 108
Olde Town Road regarding the Town Board Resolution No . 72 of 2003 , THE USA PATRIOT ACT.
Councilperson Strichartz said that the Board did place notice in the Danby Area News to inform
residents that the Town Board would be discussing the USA Patriot Act at the next meeting .
A letter will be sent from the Supervisor to Jim Hovanec regarding the Board response to the USA
Patriot Act and that twenty-five(25 ) members of the public were present at the meeting.
Letter from Marge Hovanec Regarding her Commercial Property
The Town Board received a letter from Marge Hovanec regarding a commercial property located at
1429 Danby Road and their inability to sell it due to the time frame to obtain Town approval before
purchase or use .
Appreciation for Work on Banks Road
A memo of appreciation from Carl Crispell and Jane W . McGonigal for the work done on Banks
Road .
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November 10, 2003
RESOLUTION NO . 86 OF 2003
APPOINTMENT OF ROBERT ROE AS INTERIM CHAIR TO THE TOWN OF DANBY
PLANNING BOARD.
By Councilperson Gagnon : seconded by Councilperson Strichartz
RESOLVED, that the Town Board of the Town of Danby recommends the appointment of Robert
Roe of 1820 Danby Road, Ithaca, New York as interim chairperson of the Town of Danby Planning
Board.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
(Councilperson Nolte absent) Carried
RESOLUTION NO. 87 OF 2003
AUTHORIZATION FOR SUPERVISOR TO EXECUTE SETTLEMENT AND RELEASE
AGREEMENT FOR NYSEG
By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey
WHEREAS, the New York State Public Service Commission instituted formal proceedings to
consider the past billings and other issues , claims or disputes in connection with the rendition of
street lighting services by New York State Electric & Gas Corporation ("NYSEG") , and
WHEREAS, the Town of Danby intervened in such proceedings ; and
WHEREAS, the Town of Danby engaged Computel Consultants ("Computel ") to represent the
Town of Danby in such proceedings and negotiate on its behalf in regard to all issues , claims or
disputes pertaining to street lighting services rendered by NYSEG to the Town of Danby, including
but not limited to, its past NYSEG street lighting bills , and
WHEREAS, negotiations between NYSEG and Computel have resulted in settlement and release
agreement between NYSEG and the Town of Danby; and
WHEREAS, Computel has recommended the acceptance of such settlement and release agreement.
NOW, THEREFORE BE IT RESOLVED, that the Town of Danby Town Supervisor is authorized
and directed to execute a settlement and release agreement with and to deliver the same to NYSEG.
The settlement and release agreement is an accord and satisfaction for all issues, claims or disputes
pertaining to street lighting services rendered by NYSEG to the Town of Danby for the period set
forth in the settlement and release agreement.
Authorization for Councilperson Gagnon to Attend the TCMOA Meeting
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the expense for Councilperson Gagnon to attend
the TCMOA (Tompkins County Municipal Officials Association) meeting on Tuesday, November
18 , 2003 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
(Councilperson Nolte absent) Carried
Approval of Supervisor ' s October 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 October 2003 report as
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November 10, 2003
submitted .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Strichartz Aye 1
Varona- Lacey Aye
(Councilperson Nolte absent) Carried 1
Approval of the Town Clerk' s October 2003 Report
A motion was made by Supervisor Dietrich and seconded by Councilperson Gagnon that the Town
Board of the Town of Danby approves the Town Clerk ' s October 2003 report as submitted.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
(Councilperson Nolte absent) Carried
APPROVAL OF WARRANTS
General Fund Warrant No. 11 of 2003
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the General Fund Warrant No . 11 of 2003 voucher
numbers 468 - 532 in the amount of $ 8 , 821 . 32 .
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A roll call vote on the resolution resulted as follows :
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
(Councilperson Nolte absent) Carried
Highway Fund Warrant No . 11 of 2003
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 Fund Warrant No . 11 of 2003 voucher
numbers 162 - 171 in the amount of $44 , 326 . 04 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
(Councilperson Nolte absent) Carried
West Danby Water District Fund No. 11 of 2003
A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town
Board of the Town of Danby approves the West Danby Water District Fund No . 11 of 2003 voucher
numbers 45 - 54 in the amount of $ 993 . 50 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
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(Councilperson Nolte absent) Carried
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November 10, 2003
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 30 p . m .
riffrfatAradjj
Carol W. Sczepan ki , Town Clerk
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