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HomeMy WebLinkAbout2004-05-10 14 1 5 TOWN OF DANBY TOWN BOARD MINUTES MAY 10, 2004 REGULAR MEETING PRESENT : Supervisor Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present: Carol Sczepanski - Town Clerk Crystal Buck - County Planning Susan Beeners - Code Enforcement Officer Susan Howe - Highway Department Secretary' Robert Roe - Planning Board Chair Roy Casterline-West Danby Water District Superintendent Members of the Public : Walter Sczepanski, Kevin Cain, Ames Brown, Bill Farrell, Eileen Wright, Willard Daetsch, Barry Craddock, Mauro Marinelli Following a Special Meeting of the Board with the Town Attorney Supervisor Dietrich called the meeting to order and led all present to the Pledge of Allegiance to the American flag. PRIVILEGE OF THE FLOOR The Town Clerk reported that due to her surgery she has not produced the April Town Board Minutes . Members of the Public : Ames Brown - does not think that the Town is considering small business . Objects to five (5 ) acre tracks . Kevin Cain - Is for the applicants to have a kennel but is concerned about how enforcement of the operation will happen. He would not like to see the kennel if the rules are not going to be enforced if things get out of hand. , Bill Farrell - dog kennel should be passed as they are doing everything that they can to get approval. Supervisor Dietrich said that he thinks that the issue in terms of how to keep small business people here and to try to encourage them to work through the process . REPORTS : County Representative Report Representative Proto reported on the following : 1 ) County Budget process has started. 2) Assessment of Review is this Wednesday, May 12, 2004 from 3 -6 p . m . 3 ) The Legislature has agreed to increase the public works budget for repair to County roads for this year by $ 1 ,000, 000 4) Reverend Biaz addressed the County Board Meeting on behalf of the congregation her in Danby and made a plea for broadening health care. eL- 5 ) Distributed copies of the 2003 County Directory to the Board . 6) An item at the Ag and Farmland Committee was from Danby residents about a piece of property that is for sale on Hilltop Road. They are concerned about increased traffic on an abandoned Town road and how it may affect their farming operation. He has sent a communication to the Chairperson of the Danby BZA asking them to consider delay in their decision until the Ag & Farmland Committee can review the situation the residents concerns . 7) Has not received any response from residents in regard to items placed in the Danby Area News . One was requesting information on whether the County Legislature should support the need for a County Executive and the second is do we have the need to expand Empire Zones . } I . 11 G 1 i' 141 2 Town Board Minutes May 10, 2004 8) Tomorrow morning it is Ric and Frank at the Danby General Store from 9 : 30 to 11 a.m . 9) There is a rumor that they are going to take the Farm Service League Office from Tompkins County and move it to Cortland. EMC Report : Robert Roe reported on the EMC met on April 14 , 2004 and the primary information was an update on the Pesticide Notification Law that has been in effect for a year in Tompkins County. There are six(6) firms involved in the use of pesticides commercially in the county and twenty-eight(28) stores that sell them. There were five calls over the year at Cooperative Extension related to the use of pesticides and four (4) of those were exemptions . They passed a resolution that the EMC recommends to the County Board that by the year 2008 that eight per cent (8 %) of our energy utilization come by renewable source . Newfield received federal funding for water. The natural cemetery proposed for Newfield is coming up for a public information next month. Code Enforcement Report : Monthly report submitted for April 2004 . Highway : Monthly report submitted for April 2004 . Sue Howe reported that Ken Karoglanian was scheduled to give a presentation to the Board for a salt storage shed but cannot attend due to a serious illness in the family. He has asked to be scheduled for the June meeting. A CSEA draft contract has been reviewed by the highway department employees and have issues that need to be addressed . Planning Board Report: Robert Roe reported that the Planning Board meeting was held on April 21 , 2004. Most of the meeting was taken up with a public information session including construction of a storage shed on Muzzy Road. Due to the fact that the notification did not include the time no public hearing was held and has been rescheduled for May 19 , 2004 . This generated a lot of public input and what he considers to be a problem . A printed document containing less than accurate information was sent out by parties unknown and under a cover sheet which was a modified planning board document. It was also stuck in peoples mailboxes which is against federal regulations . He considered this type of input less than helpful as the document contained totally bogus information related to the fill used on the site. The Planning Board will have the Fullagar and Hoffay public hearings on May 19, 2004 . Recreation Partnership Supervisor. Dietrich reported that at the last meeting of the Recreation Partnership the main topic of the meeting was doing away with the County Youth Bureau and what that would mean to the Towns . Community Council At the last meeting they discussed programs for kids in the summer. They approved two one week camp sessions for kids and also six Tuesday night meetings . Arnie Van Lukin has been reinstated to do some evening programing in conjunction with the Pond Program . Senior Citizens The Town Clerk reported that the Senior Citizens met on Thursday, May 6, 2004 at 6 : 30 p .m. There was a slide show presented on the Alaska Dog Sled Races . Employees Handbook A Draft Employees Handbook has been submitted to the Town Board. The Board is working on the handbook at this time . Sue Howe reported that the Highway Superintendent has reviewed the agreement and thinks that it is far too extensive for our organization. OLD BUSINESS Proposed Local Law for Planned Development Zone for Highland Farms Dog Boarding Facility RESOLUTION NO. 35 OF 2004 SEQRA DETERMINATION, RELATED TO CONSIDERING ESTABLISHMENT OF A PLANNED DEVELOPMENT ZONE FOR THE PROPOSED ` HIGHLAND FARMS DOG 1417 3 Town Board Minutes May 10 , 2004 BOARDING FACILITY ' By Councilperson Nolte : Seconded by Councilperson Gagnon WHEREAS, this action is to Consider Establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans, for the proposed ` Highland Farms Dog Boarding Facility' , proposed to consist of a preexisting kennel with 3 indoor/outdoor runs and a new kennel with 10 indoor/outdoor runs, on Town of Danby Tax Parcel No . 8 . - 1 - 12 . 15 , 8 . 33 +/- acres total, on the north side of West Miller Road; Tom and Janet Gray, applicants ; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby has been legislatively determined to act as Lead Agency in environmental review; and for which the Planning Board is an involved agency; and WHEREAS, the Planning Board of the Town of Danby by Resolution No . 6 of February 18 , 2004 recommended to the Town Board that a negative determination of environmental significance be made for this action; NOW, THEREFORE , IT IS RESOLVED, that the Town Board of the Town of Danby hereby makes a negative determination of environmental significance for this Type I action. Discussion: Councilperson Strichartz said she would like to consult with the Town Justices . She would like to check quickly with the Justices that as written that they are willing to uphold this local law if there should be a problem . If we cannot check with the justices then she is not willing to approve this as we have laws that are not being enforced. 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.36 OF 2004 RESOLUTION TO ENFORCE PROVISIONS OF PLANNED DEVELOPMENT DISTRICT By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby is committed to enforcing the provisions of Local Law No . 1 of 2004 (Planned Development Zone No . 18) and to use all enforcement resources available. 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. 37 OF 2004 ESTABLISHMENT OF A PLANNED DEVELOPMENT ZONE FOR THE PROPOSED ` HIGHLAND FARMS DOG BOARDING FACILITY' By Councilperson Nolte : Seconded by Councilperson Strichartz WHEREAS, this action is to Consider Establishment of a Planned Development Zone by Local Law, and Approval of the General Site Plans, for the proposed ` Highland Farms Dog Boarding Facility ' , proposed to consist of a preexisting kennel with 3 indoor/outdoor runs and a new kennel with 10 indoor/outdoor runs, on Town of Danby Tax Parcel No . 8 . - 1 - 12 . 15 , 8 . 33 +/- acres total, on L , il ' 1 1 4 Town Board Minutes May 10 , 2004 the north side of West Miller Road; Tom and Janet Gray, applicants ; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby, acting as Lead Agency in environmental review, has on May 3 , 2004 made a negative determination of environmental significance ; and WHEREAS, the materials accompanying the proposed action were referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and —m; and that Department responded on February 18 , 2004 that it had determined that the proposal had no negative inter-community or county-wide impacts ; and WHEREAS , the Planning Board of the Town of Danby by Resolution No . 7 of February 18 , 2004, having reviewed the distances between the facility and adjacent residences recommended to the Town Board waiver of Section 701 of the Town of Danby Zoning Ordinance as requested by the applicants ; recommended approval of the general site plans ; and recommended that a local law establishing the Planned Development Zone be enacted; and WHEREAS, the Town Board of the Town of Danby on May 3 , 2004 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal ; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby, having reviewed the distances between the existing and proposed kennel facilities and adjacent residences, along with the proposed design and materials of the proposed new kennel, hereby grants a waiver of Section 701 of the Town of Danby Zoning Ordinance, which requires a minimum distance of 200 feet from any kennel to a Residence Zone, to permit the minimum distances shown on the Site Plan labeled "Attachment C", which is part of the application materials for this action; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby approves the general site plans submitted as part of the application materials for this action; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number 1 of 2004, entitled "A Local Law to Amend the Zoning Ordinance to Establish Planned Development Zone 18 " a copy of which is attached hereto and made a copy of this Resolution; and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law into the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of adoption of said local law to the Secretary of State of the State of New York. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Be it enacted by the Town Board of the Town of Danby as follows : A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH PLANNED DEVELOPMENT ZONE 18 Section 1 . The Zoning Ordinance of the Town of Danby as re-enacted, and re-adopted by the Town Board on December 11 , 1991 , and subsequently amended, is further amended as follows : 419 5 Local Law No. 1 of 2004 Highland Farms 1 . Town of Danby Planned Development Zone 18 is hereby established, and shall be comprised of Town of Danby Tax Parcel 8 . - 1 - 12 . 15 , located on the north side of West Miller Road, as shown on maps entitled "Attachment ` A ' , Proposed Planned Development Zone" ; "Attachment ` C ' , Site Plan, Proposed ` Highland Farms ' Planned Development Zone" ; and "Attachment ` D ' , Detail Plan, Proposed Planned Development Zone, ` Highland Farms "; which maps are referenced as the general site plans herein. 2 . The area described in Schedule A attached is hereby rezoned from Low Density Residential Zone to Planned Development Zone 18 . 3 . The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby amended to show the location and boundaries of Planned Development Zone 18 as set forth in this local law. 4 . Planned Development Zone 18 shall be subject to the following provisions , notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements : (a) Permitted principal and accessory uses, and uses permitted by Special Permit, along with yards, signs, height, and building area requirements, shall be the same as those permitted in a Low Density Residential Zone, except that in addition to such, a kennel facility shall be permitted, upon approval of the site plan and issuance of a Special Permit by the Planning Board, subject to the following conditions and provisions : (b) Upon approval of the site plan and issuance of a Special Permit, a kennel facility shall be permitted, as currently proposed as follows : a preexisting boarding kennel consisting of 3 indoor/outdoor runs and an outdoor exercise yard, and a new boarding kennel consisting of 10 indoor/outdoor runs and an outdoor exercise yard, with accessory sales of dog food, bedding, and other dog-related supplies, as shown on the general site plans reviewed by the Town Board in conjunction with enacting this local law . Any such kennel facility shall be subject to the following additional conditions and provisions described in this local law. (c) Any Special Permit for a kennel facility or any renewed Special Permit for a kennel facility shall expire at the 5 -year anniversary date of its issuance. The Planning Board may, following public hearing, grant renewed Special Permit(s) for a kennel facility, if an application for a renewed Special Permit is made prior to such expiration date(s) . (d) The Special Permit for a kennel facility in Planned Development Zone 18 shall be personal to Thomas and Janet Gray, doing business as Highland Farms, L.L. C . , and shall not be transferable unless a Special Permit for a kennel facility is granted to a successor in interest following Public Hearing. (e) As part of any application for a Special Permit related to a kennel facility, and prior to any transfer of an interest in the property or a portion of the property located in Planned Development Zone 18 , for any use whatsoever, the owner of said property or an operator of any kennel facility in said zone will provide written proof to the Planning Board that the purchaser has been informed that the parcel to be purchased is within Planned Development Zone 18 and that said purchaser has been provided with a copy of this Local Law, and with all subsequent decisions of the Town Planning Board and Town Board related to actions within this Zone, and said purchaser will provide the Planning Board with written confirmation that he/she understands the requirements of Planned Development Zone 18 and will abide by any requirements related to the use of that Zone. (f) The conditions and provisions of this local law shall be binding on all present and future successor owners and/or operators of any kennel facility within the Zone. Such owners and/or operators of the kennel facility shall file this Local Law, and any subsequent x. 420 6 Town Board Minutes May 10 , 2004 decisions of the Town related to the granting of Special Permits for a kennel facility, in the office of the Tompkins County Clerk . (g) In addition, any kennel facility approved for this Zone shall be subject to the following requirements : (I) The delivery and pickup of dogs shall be by appointment . (ii . ) An attendant shall be present at the kennel facility at least between the hours of 8 : 00 a.m and 6 : 00 p .m. (iii) No dogs shall be in exterior areas of the kennel facility unless the attendant is on the premises . (iv) No dogs shall be kept in exterior areas of the kennel facility between sunset and sunrise . (v) Barking dogs outside shall be promptly placed in the inside kennels, and placed outside again only after it is reasonably ascertained by the kennel facility operators that the barking will not resume . For purposes of this local law, the following shall be used as criteria in defining the term ` barking dog ' : `Barking Dog ' shall mean : (a) a dog that barks, bays, cries, howls, or makes any other noise continuously and/or incessantly for a period of ten minutes or barks intermittently for 1/2 hour or more to the disturbance of any person at any time of day or night; or (b) a dog that engages in such habitual or continued barking, howling or whining so as to cause a person ' s rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interfered with, disturbed or diminished or that causes a person to otherwise be harassed, annoyed or disturbed ; provided, however, that a dog shall not be deemed a ` barking dog ' for purposes of this local law if, at the time the a dog is barking or making any other noise, a person is trespassing or threatening to trespass on the subject property, or for any other legitimate cause which teased or provoked the dog. (vi) The kennel facility shall also be subject to the provisions of Town of Danby Local Law No . 1 of the Year 1984, "A Local Law Regulating and Controlling the Activities of Dogs in the Town of Danby, to be Known as the ` Dog Control Law ' and Supersedes Local Law Number 1 of the Year 1976", and any successor amendment. (vii) The kennel facility shall be operated in a safe, sanitary, and humane condition. (viii) The new kennel shall not contain more than 22 dogs at any one time. (ix) The existing kennel shall not contain more than 4 dogs at any one time. (x) The owners and operators of the kennel facility shall at all times keep and maintain on the premises accurate records of the identities of all dogs kept on the premises, and the number of dogs on the premises on each day . (xi) The kennel shall not be used for the breeding of dogs . (xii) Accessory sales of dog food, bedding, and other supplies shall be by appointment, and shall be limited to the hours of 8 : 00 a.m. and 6 : 00 p .m. (xiii) A freestanding sign identifying the facility may be located on the subject property. Such a sign shall be no larger than 10 square feet, and may be illuminated but not flashing. Any illumination shall have the lights shielded as much as practicable to direct the lights only 1421 7 Town Board Minutes May 10 , 2004 at the sign. (xiv) The construction and location of the proposed new kennel shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the general site plans referred to above . No alteration, amendment, or change in the final site plans as approved by the Planning Board shall be permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans, except that no construction or alteration of more than 500 square feet of enclosed space, whether on one or more stories, and no enlargement of an existing or a new kennel building that involves an increase of more than 5 % of the square footage of the building plans reviewed by the Town Board in conjunction with enactment of this local law, shall be permitted unless a modified Special Permit is granted by the Planning Board. Section 2 . Where there is a conflict on a specific matter between the provisions of Section 603 , "Commercial Target Area" and the provisions of this local law, the provisions of this local law shall govern. Section 3 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4 . This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. SCHEDULE A Description of lands being rezoned from Low Density Residential Zone to Planned Development Zone 18 : Commencing at a point on the centerline of West Miller Road, which point is 1058 feet easterly of the centerline of Comfort Road at its intersection with West Miller Road; Running thence North 10 degrees, 25 minutes East a distance of 1236 . 1 feet to an iron pin; Running thence South 81 degrees, 06 seconds East a distance of 330 . 6 feet to an iron pin; Running thence South 10 degrees, 25 minutes West a distance of 914 . 22 feet to an iron pin; Running thence North 79 degrees, 52 minutes West a distance of 132 feet to a monument; Running thence South 10 degrees, 25 minutes East a distance of 328 . 88 feet to a point at the centerline of West Miller Road; Running thence North 79 degrees, 58 minutes West to the point of beginning. Being the land labeled as ` Parcel No . 2 ' on a map entitled "Map to show Parcels No . 1 and No . 2 , 158 West Miller Road, Town of Danby, Tompkins County, New York," dated April 15 , 1002 , by Howard R. Schlieder, L . S . NEW BUSINESS Tompkins County Planning Department Agreement Councilperson Gagnon submitted three copies of a draft agreement from Tompkins County Planning Department to provide services related to planning were submitted by the County for signature. The agreement is for a three year period but begins May 1 , 2004 and expires December 31 , 2006 . Councilperson Gagnon said that the cost to the Town for planning assistance for this year would be $ 1 , 600 . 00 . He said that there is a set number of hours they will provide and if we exceed those hours we would need an additional contract . 1422 8 Town Board Minutes May 10, 2004 Chairperson of the Planning Board Robert Roe said that the cost of the County for their services should not come out of the Planning Board budget and asked where the funds would be provided for in the Town budget. Councilperson Gagnon said that the Board put money in the budget for implementation of the Comprehensive Plan but he does not remember whose budget it went into . Motion to Authorize the Supervisor to Sign Contract with Tompkins County Planning for Planning Services A motion was made by Councilperson Varona-Lacey that the Town Board of the Town of Danby Authorizes the Town Supervisor to sign a contract to enter into a three year agreement with Tompkins County Planning, Plan Number Plan 8 - 8020 in the amount of $ 1 , 600 per year to begin May 1 , 2004 and expires December 31 , 2006 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Proposed Local Law for Moratorium on Subdivision and Zoning Matters Discussion : William Farrell asked when this moratorium was supposed to go into effect. He said that he is totally against it and we need development in Danby. He said that the issue of entertaining a moratorium was not discussed or reviewed by the Planning Board . Councilperson Gagnon said a moratorium might go into effect next month. And gave background information that was discussed at the Comprehensive Plan Task Force. The Town has consulted with the Town Attorney and he said that the Town could have a moratorium if they wanted and it was an defensible thing to do . It would have to be for a very circumscribed length of time . The proposal is for six months . There is always the potential for law suits . Barry Craddock and Mauro Marinelli reported that the CMC has a project in the pipe line where there has been a considerable amount of money invested. They have complied with everything that the Town has asked for and in fact have altered their plans at the Towns request at a cost of $ 6, 000 to re-alter the plans to give them what they wanted . If you put a moratorium on this now and stop this in the process that he could guarantee that the Town will be sued. Councilperson Nolte said that Mr. Craddock is concerned that you are changing the rules for CMC at the 11th hour and it is difficult. If they knew what the deal was going into the situation they would have handled it differently. Now that their project is in motion you are changing the rules . Susan Beeners explained that a moratorium would be on all subdivisions proposed within the six month term and all subdivisions which have not received preliminary or final approval by the effective date of the local law and all applications for rezoning. Bill Farrell said that he strongly opposes the idea of a moratorium and feels that this move would be controlling peoples lives that don ' t need to be controlled. Councilperson Strichartz said that the Town Board was going looking very carefully at the Comprehensive Plan to make sure it was in line with the zoning ordinance . They are going to try to put the Zoning Ordinance in compliance with the Comprehensive Plan. This is not to target anybody but to give the Board time to rest and look at what is in front of us . 1423 9 Town Board Minutes May 10, 2004 Sue Howe - has a lot of concern with the Comprehensive Plan Task Force . She said that she has no problem with people getting together and making recommendations to the Town Board but has very strong feelings about this committee . Changing the rules in the middle of the game is not the right way to go about things . She didn ' t see the issue of a moratorium brought before the Town Board. It just appeared in the Danby Area News and here it is , you ' ve got it. It just appeared that it was discussed before the meeting in the Danby Area News . They Town made a great attempt to let people know what was going on with the dog kennel but it appears that the Board has not made the same attempt when they are changing the law. Walter Sczepanski said that there is a problem with the regulation requiring 200 foot road frontage. Lots with 150 feet of road frontage were legal and now they have to go to the BZA for variance if they want to build on those lots . That law should be changed and those lots of record should be made conforming so that a variance is not required . Mauro Marinelli said that he is against a moratorium and as it is unfair and that CMC is being targeted . They will be financially penalized if they fall within the terms of a moratorium for six months . He said that they have followed all the town laws and guidelines and actually superseded the Town guidelines on direction from the Planning Board and from this Board . Sue Howe said it does look like CMC is being targeted. Walter Sczepanski said we have a Planning Board and the Town Board and that is plenty. We don ' t need a Task Force . RESOLUTION NO. 38 OF 2004 PUBLIC HEARING SCHEDULED FOR POSSIBLE MORATORIUM By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby sets the date of Monday, June 14, 2004 at 7 : 00 p .m. at the Town Hall, 1830 Danby Road, Ithaca, New York to consider a Local Law Providing for a Moratorium on Rural Land Divisions , Applications for and Approvals of Subdivisions, and Applications for Re-zoning. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Nay Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Other Business The Town Clerk reminded the Board that the light on our American flag has been out for two months and that there have been complaints . Salt Shed Grant Proposal RESOLUTION NO. 39 OF 2004 APPROVAL FOR SUPERVISOR TO SUBMIT GRANT PROPOSAL FOR SALT SHED By Councilperson Nolte : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to submit a Grant Application for the Salt Shed Proposal . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously 1424 10 Town Board Minutes May 10, 2004 RESOLUTION NO. 40 OF 2004 RESOLUTION CALLING FOR AN INDEPENDENT AND TIMELY COMMISSION TO INVESTIGATE THE USE OF INTELLIGENCE INFORMATION By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS the preemptive U. S . invasion of Iraq in March 2003 was motivated by Iraq ' s alleged possession of weapons of mass destruction and alleged links to terrorist groups such as Al Qaeda, and the possibility that Iraq would transfer such weapons to terrorist groups ; and WHEREAS David Kay, the Bush administration ' s chief inspector in Iraq, stated in January 2004 that U. S . intelligence was wrong about Iraq and that no weapons of mass destruction in fact existed in Iraq ; and WHEREAS the United Nations reported in March 2004 that there were no weapons of mass destruction of any significance in Iraq after 1994 ; and WHEREAS no proof has been found to support the allegation that Iraq ' s Sodium Hasten had strong connection with Al Qaeda; and WHEREAS the inability to establish either the existence of weapons of mass destruction in Iraq or connections to Al Qaeda represents a major failure of U. S . intelligence; and WHEREAS the future ability of the U. S . government to build international coalitions to protect America depends on the credibility of U. S . statements and the veracity of U. S . intelligence; and WHEREAS the best way to restore U. S . credibility both at home and abroad is to launch a truly independent and timely investigation into the governments use of intelligence information about Iraq to justify the war; and WHEREAS the commission established by President Bush on February 6 , 2004 was hand-picked by and reports to the administration and thus is not "independent" and it is not required to report any of its findings until March 2005 , and thus is not "timely" ; and WHEREAS the limitations of U. S . intelligence calls into question the rationale for a policy of preemptive war, given that such policy depends on accurate intelligence about the capabilities and intentions of a potential adversary; and WHEREAS the limitations of U. S . intelligence also calls into question the rationale for new nuclear weapons to attack underground bunkers, since it is not likely U. S . intelligence would know the exact location of such bunkers ; and WHEREAS the U. S . reconstruction effort in Iraq has demonstrated the challenges inherent in regime change and in finding and eliminating a state ' s weapons of mass destruction, and therefore underscores the value of diplomacy and other international efforts aimed at preventing the proliferation of such weapons in the first place; and WHEREAS a key aspect of U. S . diplomatic efforts to discourage other nations and terrorist organizations from acquiring nuclear weapons and other weapons of mass destruction is to de- emphasize the importance of nuclear weapons to U. S . national security, particularly given unmatched U. S . conventional superiority; and WHEREAS the U. S . Government is sending the opposite message to potential nuclear aspirants by seeking to develop new nuclear weapons (such as an earth-penetrating weapon to attack underground bunkers) and to increase the readiness of the Nevada Test Site to resume underground nuclear testing; and WHEREAS the development, testing and production of new nuclear weapons is not needed for U. S . . 1425 11 Town Board Minutes May 10, 2004 national security and indeed may undermine U. S . security by motivating other nations to do the same ; and WHEREAS funding for new nuclear weapons and preemptive wars would be better served by aiding our state government, which currently suffers a fiscal crisis and cannot afford to pay for services to aid students, the elderly, the sick and the poor. NOW THEREFORE , BE IT RESOLVED, this council urges the U. S . government to fully account for the process by which it gathered evidence on Iraqi possession of weapons of mass destruction and utilized it to justify war; and BE IT FURTHER RESOLVED, that this council urges its elected officials in Congress to work for a full accounting of intelligence used to justify the war in Iraq, asking them to call for a truly Independent, timely, congressionally-mandated commission to investigate the government ' s process in acquiring and utilizing intelligence, and to issue final or interim reports by October 31 , 2004 ; and BE IT FURTHER RESOLVED, that this Town council expresses its opposition to the research, development, and testing of new nuclear weapons ; and BE IT FURTHER RESOLVED, that this council urges its elected officials in Congress to oppose research, development, and testing of new nuclear weapons and do all in its power to prevent these steps from being taken, including cutting federal funding for new nuclear weapons research, development and testing; and BE IT FINALLY RESOLVED, that this council urges the U. S . government to investigate human rights violations in Iraq. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Abstained Carried APPROVAL OF SUPERVISOR' S MARCH AND APRIL REPORTS A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Town Supervisor ' s reports for March and April of 2004 as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried APPROVAL OF TOWN CLERK' S APRIL 2004 REPORT A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the Town Clerk ' s April 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 I 1426 12 Town Board Minutes May 10, 2004 APPROVAL OF WARRANTS Approval of General Fund Warrant No. 5 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 General Fund Warrant No . 5 of 2004 in the amount of $9 ,213 . 14 voucher numbers 195 - 244 . 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. 5 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 Highway Fund Warrant No . 5 of 2004 in the amount of $ 17 ,318 . 01 voucher numbers 54-63 . 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 West Danby Water District Fund Warrant No. 5 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 West Danby Water District Fund Warrant No . 5 of 2004 in the amount of $ 878 . 33 voucher numbers 18 -21 . A roll call vote on the motion resulted as follows : Gagnon Aye 1� Y Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of the Trust and Agency 85 Fund Warrant A motion was made by Councilperson Gagnon and Seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the T & A 85 Warrant in the amount $ 561 . 00 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 Approval of the CD7410.400 Warrant A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the CD7410 . 400 Warrant in the amount of $ 30 . 00 as submitted. A roll call vote on the motion resulted as follows : 1427 13 Town Board Minutes May 10, 2004 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 Nolte at 9 : 40 p .m . that the Town Board of the Town of Danby adjourn to executive session to review the draft CSEA contract . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Meeting Reconvened The Town Board reconvened the regular meeting at 9 : 55 p . m . and adjourned. autu / Je .446> Carol W. Sczep sic' , Town Clerk min- 5 - 10 . 04