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HomeMy WebLinkAbout2003-12-08 1 Town Board Minutes December 8, 2003 TOWN OF DANBY TOWN BOARD MINUTES DECEMBER 8, 2003 PRESENT : Supervisor Dietrich Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey Others Present : Susan Beeners - Code Enforcement Officer Susan Howe - Highway Secretary Carol Sczepanski - Town Clerk Frank Proto - County Representative Members of the Public : Roy Casterline, Robert Roe, Ames Brown, Eileen B . Wright, Willard T . Daetsch Supervisor Fredric Dietrich called the meeting to order at 7 : 04 p .m . and led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA Councilperson Strichartz requested the addition of a resolution of acknowledgment to Toni McBride and Judy VanDermark. Councilperson Nolte requested a CSEA update . No Board Member objected . PRIVILEGE OF THE FLOOR: The Town Clerk reported that transportation is being arranged by the Town of Lansing for the Association of Towns Annual Meeting in February. Councilperson Gagnon requested that the interviews for applicants interested in serving on the Planning Board be scheduled at 6 : 30 p . m . on Monday, December 29 , 2003 . Susan Beeners asked permission to report on a Better Housing Grant inquiry to pass on to the Town Board . County Representative Report : County Representative Frank Proto reported on the following : County Budget - the County Budget passed with a 15 . 7 % increase . Stormwater - NYS Stormwater regulations are now in two categories - the disturbance of one acre or more (for developers) and is how it affects municipal governments because it includes road ditches and everything else . The changes are EPA changes and there is no money to implement them and the County is charged with overseeing them. Town of Ithaca Zoning Ordinance Revisions - Passed . Capitol Program Budget - County Wide Emergency Services is part of that budget . Town of Ithaca Proposed New Zoning Regulations - NYS Ag & Markets has notified them that twenty-two (22) areas are in total violation of the State Ag & Markets Law . Health and Human Services Committee - working on affordable housing issues with Ed Marks . Senior Citizens Christmas Luncheon - met with the Seniors at their Christmas luncheon . West Danby Community Group - had a nice dinner at the West Danby Fire Station in honor of the American Red Cross . Senior Citizens Report : The Danby Senior Citizens had their Annual Christmas Dinner at the Common Ground on Thursday, December 4 , 2003 at noon . The event was well attended with fifty- four 54 members present. 1 2 Town Board Minutes December 8 , 2003 Environmental Management Committee Robert Roe reported on the following items that are in the works that are coming up before the EMC . 1 )Intermunicipal Wastewater Treatment system in Lansing . A resolution recommends looking at certain aspects of the system. 2) Echo Terrorism Bill in Albany. Is currently undergoing revision in Albany. 3 ) Town of Ithaca Red Woods which is the 173 parking spaces that is proposed by Cornell University and paves over an area that is considerably larger than a football field. 4) The DEC has i . developed an environmental stewardship plan for Ithaca College . Highway Department Report Sue Howe reported that the proposed resolution from the Highway Department is for authorization for any emergency service not just fire . The County Municipal Equipment & Shared Services Agreement submitted to all the County Highway Departments was voted down by the Highway Superintendents . A Town of Danby Highway Department Management Safety Policy has been adopted by the Highway Department. Councilperson Gagnon reported that he and Councilperson Nolte were appointed to a committee to develop a Management Safety Policy. It is expected that they may have a draft copy available for the Board to review after the first of the year. Code Enforcement Office Susan Beeners reported that a written report has been submitted for the month of November. The Board of Zoning Appeals granted a flag lot on Nelson Road and the property will go to the Planning Board for subdivision approval in January 2004 . The Code Enforcement Office has issued three or four junk law violations . Susan discussed a Small Cities Rehabilitation Grant proposal from Tompkins County with the Board . The cost of the grant application preparation by the County is estimated at $ 5 , 000 . 00 1,11 Planning Board Report Robert Roe reported that on November 22 , 2003 he received a copy of the "Intergovernmental �+ Agreement for Tompkins County" . It involves streamlining the review by the County by exempting the insignificant review of planning matters . Review of commercial properties will continue to be reviewed by the County . Recreation Partnership . Councilperson Strichartz reported that the Town does not have a representative on the Recreation Partnership Board. The Board meets early and has made it impossible to find a person to appoint as a representative . The County has agreed to pay $ 38 ,000 as a one time deal . A survey has been developed to analyze information on weather Cass Park Pool should be remain open . Supervisor Dietrich reported that a the County Board Youth Bureau Representative needs to be filled. Councilperson Strichartz or Supervisor Dietrich will submit a request in the Danby Area News for residents interested in serving on the Recreation Partnership Board or the County Youth Board to contact the Town . Senior Citizens Repot Carol Sczepanski reported that the Senior Citizens held their Annual Christmas Dinner at the Common Ground with forty-six members in attendance . Our County Representative Frank Proto was in attendance . Dog Control Report : The Town Clerk reported that she has received the dog control report from the SPCA for November 2003 . Community Council Willard Daetsch reported that there were twenty-five (25 ) attendees at the Concert that was held on Sunday, November 5 , 2003 . The low attendance was due to the weather. OLD BUSINESS : Simkin Project - Olde Towne Road Extension Project • J9lI _ iI Ii F l � 3 Town Board Minutes December 8 , 2003 Code Enforcement Officer Susan Beeners submitted a proposed resolution and said she is recommending that the Town Board authorize her office to issue permits subject to the findings by the Highway Superintendent and the Code Enforcement Officer based on reports from the developer ' s engineers and the Town ' s engineer that the state of construction of the Project prior to building permit issuance is acceptable to allow building . RESOLUTION NO . 88 OF 2003 FURTHER CONSIDERATION OF CERTAIN TERMS AND AGREEMENTS RELATED TO THE PROPOSED ROAD EXTENSION AND OTHER PUBLIC IMPROVEMENTS - OLDE TOWNE ROAD EXTENSION PROJECT By Councilperson Gagnon : Seconded by Supervisor Dietrich 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 September 12 , 2003 , by Gary L . Wood. , P . E1 , 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 ; and WHEREAS, the road extension and drainage improvements ("the Project") have been partially constructed ; and WHEREAS, prior to the issuance of any building permits , 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 of the Town of Danby hereby authorizes the Town Code Enforcement Officer to issue building permits for the construction of dwellings on Tax Parcels 2 . - 1 - 22 . 43 and -22 .44, as shown on plans entitled "Olde Towne Road Extension Subdivision Plat, Site, and Drainage Plan, August 19, 2003 , revised September 12 , 2003 , by Gary L . Wood. , P . E . , and Reagan Land Surveying, subject to the following conditions . 1 . The finding, by the Town Highway Superintendent and the Town Code Enforcement Officer, based on a report from the developer' s engineer and the engineer retained by the Town at the developer ' s expense , that the state of construction of the Project prior to building permit issuance is acceptable for the purpose of allowing building construction to be commenced ; 2 . Submission to and approval by the Town supervisor, the Town Highway Superintendent, and the Attorney for the town of a Contract rom a reputable contractor for the remainder of the construction of the 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 4 Town Board Minutes December 8 , 2003 to complete the work in accordance with said contract if the Town so requests ; 3 . Submission of a 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) Submission to and approval by the Town Supervisor, the Town Highway Superintendent, and the Attorney for the Town of an Agreement implementing the foregoing, and submission of such other documents , plans , certifications , or other materials that any of them may reasonably require, in order to assure to the Town that access to any buildings under construction shall be maintained so that it is adequate for the passage of emergency vehicles ; and in order 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 ; and it is FURTHER RESOLVED, that no Certificates of Occupancy or such dwellings shall be issued until The Project is deemed by the Town Board to be satisfactory for access to such dwellings , upon recommendation of the Town Highway Superintendent and town Code Enforcement Officer based on a report from the developer' s engineer and the engineer retained by the Town at the developer ' s expense ; and until agreements related to Project conveyance and the maintenance of the project by the developer for a twelve ( 12) month period following any such conveyance have been approved by the Town Board ; and it is FURTHER RESOLVED, that the Project shall not be considered for final acceptance by the Town Board until the Project is completed to the satisfaction of the Town Highway superintendent, the Town code Enforcement Officer, the developer' s Engineer, and the engineer retained at the developer ' s expense on behalf of the Town . A vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 89 OF 2003 TRANSFER OF FUNDS - FROM 8340 . 102 TO DA5142 . 100 By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey 118 . 96 from SW9340 . 102 to n transfers h Town of Da b $ Board of e h Town o RESOLVED, that the y revenue and then deposited into the DA5142 . 100 account. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 90 OF 2003 YEAR END MEETING DATE SET By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey RESOLVED, that the Town Board of the Town of Danby sets the date of Monday, December 29 , 2003 at 7 : 30 p . m. for the Year end meeting. The meeting is to follow interviews of applicants 1 } 9aT. . . 9 Town Board Minutes December 8 , 2003 interested in serving on the Planning Board . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 91 OF 2003 RECOMMENDATION FOR APPOINTMENT TO THE ENVIRONMENTAL MANAGEMENT COUNCIL (EMC) By Councilperson Gagnon : Seconded by Councilperson Nolte RESOLVED,that the Town Board of the Town of Danby recommends the appointment of Robert Roe to the Tompkins County Environmental Management Council (EMC) for a term to begin January 1 , 2003 and ends December 31 , 2003 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously TOWN OF DANBY RESOLUTION NO . 92 OF 2003 By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey RESOLVED, that the Town Board of the Town of Danby thank Judy VanDermark and Toni McBride for the contribution they made by creating a store that not only served our material needs but provided a sense of community and a place where we could meet our neighbors and enjoy a cup of coffee in a friendly place . We want them to know how much they are appreciated . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously APPROVAL OF SUPERVISOR ' S NOVEMBER REPORT By Councilperson Gagnon : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby approves the Town Supervisor ' s November 2003 report as submitted . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona- Lacey Aye Dietrich Aye Carried Unanimously 6 Town Board Minutes December 8 , 2003 APPROVAL OF TOWN CLERK' S NOVEMBER 2003 REPORT By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby approves the Town Clerk ' s November 2003 report as submitted . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously APPROVAL OF WARRANTS Approval of General Fund Warrant No. 12 of 2003 A motion was made by Councilperson Strichartz : Seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the General Fund Warrant No . 12 of 2003 voucher numbers 533 - 574 in the amount of $22 , 841 . 20 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of Highway Department Fund Warrant No . 12 of 2003 A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 12 of 2003 voucher numbers 172 - 181 in the amount of $ 9 ,462 . 27 . A roll call vote on the resolution resulted as follows : Gagnon Aye Aye Nolte A y Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of West Danby Water District Fund Warrant No. 12, 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 . 12 , of 2003 voucher numbers 55 - 59 in the amount of $ 910 . 98 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Adjournment to Executive Session of the Board A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz at 9 : 15 p . m . that the Town Board of the Town of Danby adjourn to Executive Session for review and discussion on the proposed CSEA Contract . A roll call vote on the resolution resulted as follows : t e9 I. 1 0 1 I ' , ! ' I r 1 k , 1 , 41 , 7 Town Board Minutes December 8, 2003 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously The Board reconvened and adjourned at 10 : 00 p . m. �i�v '� w � (���1;�s-1 Carol W. Sc 4p nski Town own Clerk min- 12 - 8 . 03 8 9 t I 1