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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 . T 2 Town Board Minutes 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. I 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 . T I 3 Town Board Minutes 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 V c o 4 Town Board Minutes 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 T 5 Town Board Minutes 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 f r l 6 Town Board Minutes 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 . 7 Town Board Minutes 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 8gCT 8 Town Board Minutes 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 . t 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 t (Councilperson Nolte absent) Carried L ;? 9 Town Board Minutes November 10, 2003 ADJOURNMENT : On a motion the meeting adjourned at 9 : 30 p . m . riffrfatAradjj Carol W. Sczepan ki , Town Clerk min11 - 10 . 03 09 I