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HomeMy WebLinkAbout2004-02-09 . I399 TOWN OF DANBY TOWN BOARD MINUTES FEBRUARY 9, 2004 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey OTHERS PRESENT : Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk Roy Casterline - Water District Superintendent Ted Jones - Bookkeeper John Smith - West Danby Fire Department Mel Westmiller - West Danby Fire Department Members of the Public : Ames Brown Tompkins County Multi-Jurisdictional All-Hazard Mitigation Plan Forum Supervisor Dietrich called the meeting was called to order at 6 : 50 p . m . for the Multi-Jurisdictional All-Hazard Mitigation Plan Forum . John Smith, Mel Westmiller for the West Danby Fire Department and Roy Casterline and Roy Casterline attended the forum to review the plan with the Town Board. Comments from the Board and Public on the Plan Roy Casterline - said that Sue Beeners had pulled together the information on the water district. He is concerned that the West Danby water tank is not connected to the fire department generator. The water district should not have to pay for a generator. Supervisor Dietrich said that there is more than just the cost for a generator and may be benefits to having two (2) generators . Roy Casterline said that the West Danby Fire Department facility is also a Red Cross Emergency Shelter and they should have emergency power to the water pump and tank. . John Smith from the West Danby Fire Department said that he thinks that the application is comprehensive and some of the action items are not applicable to the Town of Danby. Councilperson Gagnon said that the Town of Newfield, City of Ithaca, and the Town of Dryden submitted their own All-Hazard Mitigation Plan and were already in process and not included in the Tompkins County Plan. Forum Closed : Supervisor Dietrich closed the forum at 7 : 20 p .m . Regular Meeting Opened Supervisor Dietrich opened the Board Meeting at 7 : 25 p . m . and led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO THE AGENDA : 1 ) The Town Clerk asked that an additional Voucher and Warrant be added to the Agenda for the CD Grant Account. 2) Library Phone - New Business 3) Permission for Town Clerk to attend NYSTCA Conference in April - New Business 4) Financing Update for highway equipment 5 ) Intermunicipal Search for Efficiency and Cost Saving Group - added to Reports 6) Revitalization Committee Report 7) Scheduling County Comprehensive Plan Public Meeting. 13 8 2 Town Board Minutes February 9 , 2004 PRIVILEGE OF THE FLOOR Ames Brown said that a few months ago our County Representative reported that agriculture was being classified in Ithaca. He thinks that everything that can be classified as agriculture should be . REPORTS : Highway Report : Councilperson Nolte reported that Dave and Judy Noteboom lost their home to a fire on February 6 , 2004 . . Dave is one of our Town highway employees and the department is taking up a collection to help with their immediate needs . There is a problem with the wash bay area that now also serves as storage for some items . . The entire area will be used as a wash bay. The highway department needs to build a storage shed and a salt shed. Supervisor Dietrich reported that in regard to the financing for highway equipment that he is still looking into a capitol note for funding. We are working on a seven (7) year plan for the purchase of equipment . We will pay for the hydraulic excavator with a capitol note . We have the information for funding vehicles this year. EMC (Environmental Management Committee) Report : Robert Roe reported that the January meeting of the EMC was their organizational meeting. He said that they will have standing committees : Energy Committee, Educational Committee, and the Environmental Review Committee . Tompkins County and the City of Ithaca are negotiating a $20, 000+/- energy improvement fund. Planning Board Report : Robert Roe reported that a small subdivision at 510 Nelson Road received final approval in January. A representative from the Waldorf School of the Finger Lakes reported that they have made a purchase offer for a property on the intersection of Nelson Road and NYS Rte . 96B and are looking to renovate part of the current residence for a school for kindergarden. There are two (2) public hearings scheduled for the February Meeting. 1 ) a four unit subdivision on Steam Mill Road. 2) the boarding facility for a dog kennel on West Miller Road. A sketch plan was a presented to the Planning Board for a proposed twenty- six (26) unit subdivision for the area directly across NYS Rte . 96B from Nelson Road and south on Comfort Road . Senior Citizens Carol Sczepanski reported that the meeting of the Senior Citizens was held on Thursday, February 5 , 2004 at th Danby Federated Church. The 2004 Agreement between the Danby Senior Citizens and the Town of Danby has been passed on to the officers to review and make comment for changes . The agreement may be approved at the March 4th meeting. Revitalization Committee ; Councilperson Varona-Lacey said that she has approached the Ithaca City School District about the use of part of the Danby School property to flood for an ice skating area. The school district needs confirmation of liability insurance and a document from the Town of Danby stating that the school district would not be liable should anything happen to persons using the skating area. Meeting of County and Town Officials Councilperson Nolte reported that last week he attended a meeting of the County Legislators, Municipal officers and representatives from NYS Comptrollers Office . They are looking at ways for the taxpayer to get more benefit from their taxes . Some of the areas that have been identified are the Sheriffs and police departments, fire, highway, youth (programs for youth), planning, GIS mapping, Court Unified System , environmental health, elections (ownership of proposed new equipment) and insurance plans . Representatives were asked to get bring direction from their Town Boards for the March 1 , 2004 meeting . A list of items to prioritize was distributed to the Board to be filled out and returned to the Clerk by March 1 . . I3i99 3 Town Board Minutes February 9, 2004 RESOLUTION NO. 27 OF 2004 DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE — IN THE MATTER OF CONSENTING TO THE FILING, BY THE TOWN OF DANBY HIGHWAY SUPERINTENDENT, OF A DESCRIPTION OF A PORTION OF THE MAKARAINEN ROAD RIGHT OF WAY DEEMED ABANDONED PURSUANT TO NEW YORK STATE HIGHWAY LAW ARTICLE 8, SECTION 205, PARAGRAPH 1 By Councilperson Strichartz : Seconded by Councilperson Nolte WHEREAS, Article 8 , Section 205 , Paragraph 1 of the New York State Town Highway Law relating to Town Highways, provides that every highway that shall not have been traveled or used as a highway for six years shall cease to be a highway, and that the Town Highway Superintendent with the 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 and public right of way under consideration is described as all that portion of former Makarainen Road east of a point at the end of Makarainen Road that is 1320 feet east of the centerline of the intersection of Makarainen Road and Nelson Road ; such highway right of way having a width of 3 rods or 49 . 5 feet; and WHEREAS, the Town of Danby Town Board has determined that this matter is a Type II action pursuant to the State Environmental Quality Review Act and pursuant to Town of Danby Local Law No . 2 — 1991 , but is treating this an Unlisted action, with the Town Board acting as Lead Agency in environmental review and with no other involved agencies ; and WHEREAS, the Town Board has reviewed the draft Short Environmental Assessment Form and recommendation as prepared by the Town Code Enforcement Officer that a negative determination of environmental significance be made for this Unlisted action; NOW, THEREFORE, IT IS RESOLVED, that the Town of Danby Town Board, acting as Lead Agency in environmental review of the Matter of Consenting to the Filing, by the Town of Danby Highway Superintendent, of a Description of a Portion of the Makarainen Road Highway Right of Way Deemed Abandoned pursuant to New York State Town Highway Law Article 8 , Section 205 , Paragraph 1 , accepts the draft Short Environmental Assessment Form and recommendation as presented, and hereby makes a negative determination of environmental significance for this action, reaffirming the same determination made in Resolution No . 46 of 2001 , on April 9, 2001 . 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. 28 OF 2004 IN THE MATTER OF CONSENTING TO THE FILING, BY THE TOWN OF DANBY HIGHWAY SUPERINTENDENT, OF A DESCRIPTION OF A PORTION OF THE MAKARAINEN ROAD RIGHT OF WAY DEEMED ABANDONED PURSUANT TO NEW YORK STATE HIGHWAY LAW ARTICLE 8, SECTION 205, PARAGRAPH 1 By Councilperson Gagnon : Seconded by Councilperson Strichartz 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 years shall cease to be a highway, and that the Town Highway Superintendent with the 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 1 1 4 0 0 4 Resolution No . 28 of 2004 Makarainen Road Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued; and WHEREAS, the highway and public right of way under consideration is described as all that portion of former Makarainen Road east of a point at the end of Makarainen Road that is 1320 feet east of the centerline of the intersection of Makarainen Road and Nelson Road ; such highway right of way having a width of 3 rods or 49 . 5 feet ; and WHEREAS, the Town 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 6 years, and that the Town Highway Department has not maintained such highway in 6 years ; and WHEREAS, the Town of Danby Town Board, acting as Lead Agency in environmental review of this matter, has on February 9 , 2004 made a negative determination of environmental significance; NOW, THEREFORE, IT IS RESOLVED , that the Town of Danby Town Board hereby accepts the determination of the Town Highway Superintendent, that the subject portion of the Makarainen Road highway right of way has not been opened and worked, or travelled or used as a highway in 6 years, and that the Town of Danby Highway Department has not maintained such highway in 6 years ; and FURTHER RESOLVED , that the Town of Danby Town Board hereby consents to the filing, by the Town Highway Superintendent, of a written description, signed by him and by the Town Board, and appended hereto , of that portion of the Makarainen Road highway right of way so abandoned ; and by so doing, reaffirms such consent as made in Resolution No . 47 of 2001 on April 9 , 2001 ; and 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 : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye • Dietrich Aye Carried Unanimoulsy RESOLUTION NO. 29 OF 2004 INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER By Councilperson Strichartz : Seconded by Councilperson Nolte WHEREAS, Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Danby, owned by one or more persons , each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 476 based upon the income of the owner or combined incomes of the owners, and WHEREAS, A person otherwise qualifying for such exemption shall not be denied such exemption if such person becomes sixty-five years of age after the appropriate taxable status date and before December 31 of the same year, now be it RESOLVED, that the Town Board of the Town of Danby extend Graduated Income Tax Benefit to Senior Citizens as set forth in the following schedule : 1401 5 Resolution No . 28 of 2004 Makarainen Road ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION $24, 000 or less 50% $24, 001 to $25 ,000 45 % $25 ,001 to $26,000 40% $26 , 001 to $27 , 000 35 % $27 ,001 to $27 ,900 30% $27 , 901 to $28 , 800 25 % $28 , 801 to $29,700 20% $29 , 701 to $ 30,600 15 % $ 30, 601 to $31 , 500 10% $31 , 501 to $ 32 ,400 5 % and be it further RESOLVED, that this partial exemption provided by this resolution shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in Section 467 of the Real Property Law of the State of New York, and be it further RESOLVED, that application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate executed in the manner required or prescribed in such forms, and shall be filed in such assessor' s office on or before the appropriate taxable status date, and be it further RESOLVED, that this resolution supersedes Resolution No . 18 of 1997 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 . 30 OF 2004 SETTING THE INCOME LIMITS FOR A PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY DISABLED PERSONS WITH LIMITED INCOMES By Councilperson Strichartz : Seconded by Councilperson Nolte WHEREAS, the Town Board of the Town of Danby desires to increase the income limits for Real Property owned by disabled persons with limited incomes, and WHEREAS, Pursuant to the provisions of Section 459-c of the Real Property Tax Law of the State of New York, real property located in the Town of Danby, owned by one or more persons with disabilities as defined in Section 459-c , or by a husband, wife, or both, or by siblings, at least one of whom has such a disability, and whose income is limited by reason of such 1402 6 Resolution No . 28 of 2004 Makarainen Road disability, shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 459-c based upon the income of the owner or combined incomes of the owners . Such partial exemption shall be to the extent set forth in the following schedule . ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION $24, 000 or less 50% $24, 001 to $25 ,000 45 % $25 , 001 to $26 ,000 40% $26 ,001 to $27 ,000 35 % $27 , 001 to $27 , 900 30% $27 , 901 to $28 , 800 25 % $28 , 801 to $29,700 20% $29 , 701 to $ 30,600 15 % $ 30 ,601 to $31 , 500 10% $31 , 501 to $ 32 ,400 5 % and be it further RESOLVED, that this partial exemption provided by this resolution shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in Section 459-c of the Real Property Law of the State of New York. This resolution shall be administered in accordance with the section of the Real Property Tax Law as now adopted and as it may be amended from time to time, and the provisions of said section shall be applicable to the effectuation of the exemption provided for in this resolution. ?Without limiting the foregoing, the partial exemption authorized by the resolution shall be computed in accordance with the provisions of Section 459-c and shall not apply to real property for which a partial exemption has been received pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York as applied to the Town of Danby by the provisions of any previously enacted Town of Danby local law granting partial tax exemptions for the elderly, as the same may be amended from time to time and be it further RESOLVED, that application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate executed in the manner required or prescribed in such forms, and shall be filed in such assessor' s office on or before the appropriate taxable status date ; and be it further RESOLVED, that this resolution shall become effective as set forth below and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after March 1 , 2004 ; and be it further RESOLVED, that this resolution supersedes resolution No . 54 of 2000 setting the annual income limits for partial tax exemption for real property owned by disabled persons with limited incomes . 1403 7 Resolution No . 31 of 2004 February 9, 2004 A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz • Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Creating a Comprehensive Plan Task Force Councilperson Gagnon presented a resolution for the creation of a Comprehensive Plan Task Force. Planning Board Chairperson Robert Roe said that the Planning Board is not tasked with implementation of the Comprehensive Plan. The Planning Board did not prioritize the Goals and Strategies . He suggested that the Town Board hold some public information meetings . RESOLUTION NO. 31 OF 2004 CREATING A COMPREHENSIVE PLAN IMPLEMENTATION TASK FORCE By Councilperson Gagnon: Seconded by Councilperson Varona-Lacey WHEREAS, implementation of the Comprehensive Plan would be promoted by the Town Board of the Town of Danby leadership , particularly since many of the most useful tools would require Town Board action to be adopted and used by the Town, and WHEREAS , the Town Board desires to make full use of the limited human resources within the Town by taking advantage of the time and talent of all willing to lend a hand, and WHEREAS, New York State Town Law 272-a requires that all land use regulations be in accordance with a comprehensive plan and the laws and ordinances of the Town need to be reviewed and revised, if necessary, in order to position them to support the Comprehensive Plan, now therefore be it RESOLVED, that a committee of the Town Board be created to be known as the Comprehensive Plan Implementation Task Force ("Task Force" for short) , charged as follows : * To explore mechanisms for implementing the goals, objectives, and strategies of the Comprehensive Plan, especially but not only those related to land use . * To develop specific proposals for recommendation to the Town board, but not to implement them (it is , however, envisioned that project-specific groups might "spin off ' of the Task force as a result of its work. Such groups will Need to secure authorization, if needed to undertake their work) . * To focus primarily on land use regulations, reviewing current law and recommending changes (additions and deletions in existing law or adopting something new to supplement or replace existing law) to the Town Board that would better serve the Town in implementing the Comprehensive Plan and that would ensure consistency of land use regulations with the Comprehensive Plan, and further RESOLVED, that the Task Force be structured as follows : Membership The Chair and Vice-Chair are to be members of the Town Board, appointed thereby. The Town Board and Planning Board members are to be ex-officio voting members . Volunteer residents of the Town of Danby who have attended at least two of the last three meetings of the Task Force (not counting subcommittee meetings) will be entitled to vote at the next meeting. Other residents and non-residents of the Town of Danby are welcome as non- voting members X404 8 Resolution No. 31 of 2004 February 9, 2004 Voting For passage, all proposals shall require a majority vote of those voting members in attendance . Subcommittees All meetings of the Task force and its subcommittees shall be open to the public and posted on the Town Calendar kept by the Town Clerk, and it is further RESOLVED, that staff support be made available to the Task Force from the Code Enforcement Officer and such other paid assistance as the Town Board agrees to make available. No paid help are voting members of the Task Force and any member who transitions to paid help forfeits their voting membership . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Appoint Councilperson Gagnon as Chair of the Comprehensive Plan Task Force A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the Town Board of the Town of Danby appoints Councilperson Gagnon as chairperson of the Comprehensive Task Force Committee . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Appoint Councilperson Strichartz as Vice-Chairperson of the Colmprehensive Plan Task Force A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town Board of the Town of Danby appoints Councilperson Strichartz as Vice-Chairperson of the Comprehensive Task Force Committee . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Abstained Varona-Lacey Aye Dietrich Aye Carried Motion to Reappointment to Planning Board A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board reappoints Olivia Vent to the Planning Board for an additional seven year term that begins immediately and expires on December 31 , 2010 . 1 A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval for Town Clerk to Attend NYSTCA Annual Conference A motion was made by Councilperson Varona-Lacey and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves request of Town Clerk to attend the NYSTCA Annual Meeting in April . I 1 4 0 5 I 9 Resolution No. 31 of 2004 February 9, 2004 A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Tompkins County Comprehensive Plan Public Meeting Councilperson Gagnon reported that the County would like to hold a public meeting on the Tompkins County Comprehensive Plan with the Town of Danby Town Board and Planning Board . Public will also be invited to participate . Motion to Schedule an Open House for the Tompkins County Comprehensive Plan A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town of Danby schedule an Open House for the Tompkins County Comprehensive Plan on Monday, April 5 , 2004 from 5 : 00 p .m. to 7 : 00 p .m. and a meeting of the Town Board at 7 : 00 p .m. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of Town Clerk' s January Report A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Town Clerk ' s January 2004 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Supervisor' s January 2004 Report The Town Supervisor ' s January 2004 Report was deferred to the March 2004 Meeting . APPROVAL OF WARRANTS : General Fund Warrant No.2 of 2004 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 . 2 of 2004 voucher numbers 34-81 in the amount of $ 10, 923 .40 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of Highway Fund Warrant No. 2 of 2004 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 2 of 2004 voucher numbers 11 -24 in the amount of 25 , 907 . 55 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye 1466 10 Resolution No . 31 of 2004 February 9, 2004 Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously West Danby Water District Fund Warrant No. 2 of 2004 A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 2 of 2004 voucher numbers 2-6 in the amount of $448 . 88 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously CD Grant Fund - Danby Community Library A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the CD Grant Fund of the Danby Community Library expenditure in the amount of $25 . 54 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 45 p .m. a_cy min-2-9 . 04 Carol W. Sczepanski, Clerk