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HomeMy WebLinkAbout2004-09-13 1 451 1 Public Hearing Minutes Proposed Moratorium September 13 , 2004 TOWN OF DANBY PUBLIC HEARING MINUTES SEPTEMBER 13 , 2004 PROPOSED LOCAL LAW NO. 2 OF 2004 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Naomi Strichartz , Norbert Nolte, Gladys Varona-Lacey Arrived Late : Norbert Nolte @7 : 27 Joel Gagnon @ 8 : 35 Others Present Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public Roy Casterline, Jenny Rahann, Ted Jones, Michael Lakin, Leslie Connors, Robert Roe, Robert Strichartz, Ames Brown, Kevin Lacey, Faith Chase, Jim Reagan, Randy Ingell, Phil Zach, Kyle Waller, Ronda Roaring, Robert Chase, Lee Washesky, David Cook, Raymond and Megan Ghirardo , Asher Hockett, June McLarty, George Blanchard and others . Public Hearing Declared Open Supervisor Fredric Dietrich declared the public hearing open at 7 : 02 p .m . and read the following "Notice ofPublication" : PLEASE TAKE NOTICE, that the Town Board of the Town ofDanby will hold a public hearing on Monday, September 13 , 2004 at 7 : 00 p .m. at 1830 Danby Road, Tompkins County, Ithaca, New York to consider enacting a local law entitled : "A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS , APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS , AND APPLICATIONS FOR REZONINGS ." . Copies of the Proposed Local Law may be obtained from the Town Clerk during regular working hours . All persons will be heard either in writing or in person . A meeting of the Town Board will follow the public hearing . By Order of the Town Board Carol W . Sczepanski , Town Clerk Dated : September 2 , 2004 Communications Received Affidavit of Publication Affidavit of Posting Comments From the Public : Ted Jones - 109 South Danby Road - commented on proposal and has no objections . Dave Cook - 1737 Danby Road - asked when 180 days begins and will it be revisited in six months . For the record he stated that he thinks this was a done deal from the start . Mary Woodson - 132 South Danby Road - supports the moratorium . Bob Strichartz - Comfort Road - supports the moratorium to give the boards time to work on land use regulations . Barry Craddock - 35 Comfort Road - has attended many board and committee meetings and believes that he is wasting his time if he doesn ' t have a voice . He said that he is not for or against the moratorium . 1452 2 Public Hearing Minutes Proposed Moratorium September 13 , 2004 George Blanchard - is against a moratorium and thinks it is short sited . Ronda Roaring - South Danby Road - in favor of moratorium. Bob Laken - Muzzy Road - in favor of a moratorium. Bill Zack - supports a moratorium. Andy Gladstone - 1042 Comfort Road - supports a moratorium . Rod Lambert - asked if the Town has a goal what can be accomplished in six months . Lamar Hen-in - Muzzy Road - the board has made a commitment to open space and sees no reason not to have a moratorium . Rich (?) South Danby Road - Supports moratorium . Willard Daetsch - thinks a six month moratorium is reasonable . Randy Ingell - spoke for the moratorium . Lee Washesky - Layen Road - Said there is good development and there is bad development and is personally against moratorium . Kevin Lacey - 1882 Danby Road - Moratorium is to enable proper planning. Olivia Vent - East Miller Road - bought a portion of the Miller family farm . There is discrepancy in the zoning ordinance . The subdivisions the Town is concerned with are the many that do not come before the Planning Board. James Reagan 1240 Danby Road - Is a good idea to have a plan in place and approves of moratorium. Bob Roe - 1820 Danby Road - Open space is something that somebody has to pay for. Open space is not a natural feature of the environment . There is nothing in the local law suggests that open space is going to become anything but an increasing burden for minority town residents . Does not support moratorium. Brian Miller - had to sell part of the family farm because he could not afford the taxes . He said that he has no plans to develop the remaining land but does not want the town to dictate to him what he can do with the land. He does not support a moratorium. Verna Little - Danby Road - supports moratorium Nancy Medsker - supports moratorium . We will have to pay for open space somewhere down the road . Dorothy Daetsch - commented on an article about Dryden - supports moratorium . Allen Becker - West Danby - does not approve of moratorium . The only way the land stewards will get any tax relief for maintaining open space is if you are willing to give up your rights for development or anything else. Al received recognition from the residents in attendance for his comments . Bob Roe - the problem here is not just the agricultural land. 1 1453 3 Public Hearing Minutes Proposed Moratorium September 13 , 2004 Lamar Herrin - Muzzy Road - thinks that a six month moratorium is reasonable . Barry Craddock - The town has been seven and one half years for the Comprehensive Plan and four and one half months to come up with the moratorium. He asked what the Board thinks can be achieved in six months ? Dave Cook - would like to go on record as saying that New York State was listed today as being the most taxed state in the United States . Public Hearing Declared Closed : Supervisor Dietrich declared the public hearing closed at 8 : 17 p . m . at ea 410 tit/U.ACVI- Carol W . Sczep s i, Town Clerk phm2-mor. 04 1455 Town Board Minutes 1 September 13 2004 TOWN OF DANBY TOWN BOARD MINUTES SEPTEMBER 13 , 2004 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel GagnonNaomi Strichartz, Norbert Nolte, Gladys Varona-Lacey Arrived Late : Norbert Nolte @7 : 27 Joel Gagnon @ 8 : 35 Others Present Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public Roy Casterline, Jenny Rahann, Ted Jones, Michael Lakin, Leslie Connors , Robert Roe, Robert Strichartz, Ames Brown, Kevin Lacey, Faith Chase, Jim Reagan , Randy Inge11, Phil Zach, Kyle Waller, Ronda Roaring, Robert Chase, Lee Washesky, David Cook, Raymond and Megan Ghirardo , Asher Hockett, June McLarty, George Blanchard and others . Supervisor Dietrich called meeting of the Town Board at 8 : 35 p . m . following a public hearing on Proposed Local Law No . 2 of the year 2004 and all present were led in the Pledge of Allegiance to the American flag. Privilege of the Floor : Councilperson Nolte stated for the record that if there isn ' t a moratorium, which it looks like there will be a moratorium, discussions can still go on. Nothing stops that and the public should know that because he thinks that sometimes that is lost. A lot of this debate becomes for or against building or growth and he objects to that too . He said that he does not think there will be winners or losers . Councilperson Strichartz wants to make an announcement that there is going to be a benefit for the Danby Community Park Saturday, September 18 , 2004 at the Common Ground . It will be a pork dinner and there will be a vegetarian alternative. councilperson Varona-Lacey reported that there will be a guest at the October 4, 2004 Agenda Meeting. Carol Sczepanski announced that the Town Clerk ' s office will be closed on Wednesday, September 29, 2004 . Members of the Public : Ronda Roaring - South Danby Road - submitted two (2) items to the Board . 1 . Report from the Comprehensive Plan Task Force Committee No . 1 , and a formal request in a letter to the Board regarding Sec . 704 (3) of the Danby Zoning Ordinance. She would like specific language added to the definition of Vehicle. David Cook - 1737 Danby Road - Dave said that just because no moratorium gets passed does not mean that everything comes to a screeching halt . A lot of progress was made during the last few months unfortunately it was done concrete all in defense of the moratorium or against moratorium . He said The one thing that the word moratorium did was make everybody in this Town upset and has basically torn this Town apart. Something could have been done constructively during the past few months. Reports : Highway Department - Written Report received for August Zoning - Written Report Received for August. 1456 Town Board Minutes 2 September 13 2004 Supervisor Dietrich reported that he is getting together the paper work for the purchase of a truck, roof and salt shed and storage facility. He is meeting with representatives at the bank. He has consulted with the Vice President of Tompkins Community Trust Company and with our bookkeeper regarding bonding of funds for purchase . Councilperson Strichartz reported on a memo from Nancy Zaler regarding the Recreation Partnership . The proposed budget for 2005 from Tompkins County has cut out their support . The Recreation Partnership has proposed to continue despite the fact that they will not receive funds from the County. It will be necessary to cut programs . There are (three hundred) 300 children in Danby using the programs . Councilperson Strichartz reported that Danby Community Council is sponsoring a Scottish Concert on Saturday, September 18 , 2004 at 3 : 00 p .m . here at the Town Hall . NEW BUSINESS Consideration of the Enactment of a local law RESOLUTION NO. 48 OF 2004 ENACTMENT OF A LOCAL LAW PROVIDING FOR A MORATORIUM ON RURAL LAND DIVISIONS, APPLICATIONS FOR AND APPROVALS OF SUBDIVISIONS , AND APPLICATIONS FOR REZONINGS By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, this action is to Consider Enactment of a Local Law Providing for a Moratorium on Rural Land Divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings ; and WHEREAS, the Town board, acting as Lead Agency in environmental review of this action, by Resolution No . 38 of 2004 found that this action is a Type II action under SEQRA, requiring no further environmental review ; and WHEREAS, the proposed local law was 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 June 4, 2004 that it had determined that the proposal as submitted has no negative inter-community or county-wide impacts ; and WHEREAS, the proposed local law was referred to the Planning Board of the Town of Danby for a report thereon, and said Board on May 19 , 2004 was not unanimous in support of the proposed local law ; and WHEREAS , the Town Board of the Town of Danby on June 14, 2004 and September 13 , 2004 has held public hearings to hear all interested parties in the matter, which hearings were duly advertised in the Ithaca Journal ; NOW THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number 2 of 2004 entitled "A Local Law Providing for a Moratorium on Rural Land Divisions, Applications for and Approvals of Subdivisions, and Applications for Rezonings" 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 meting 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 o adoption of said local law to the Secretary of State of the State of New York. Discussion : Supervisor Dietrich said that he thinks there are still ownership and rights issues . People think that this is a taking. Councilperson Gagnon said that everything that government does is a taking. 1457 Town Board Minutes 3 September 13 2004 Councilperson Strichartz said that there were a lot of positive responses . Many towns have done this and we should make a deal that this is only for six (6) months . Councilperson Gagnon said that he is committed to doing this in six (6) months . Councilperson Varona-Lacey said that she is committed to only six (6) months . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Nay Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 49 of 2004 AMENDMENT TO THE AGREEMENT TO SPEND HIGHWAY FUNDS By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey WHEREAS, the Highway Superintendent has requested an amendment to the Agreement to Spend Highway Funds approved and signed by the Town Board on April 12 , 2004 ; now be it RESOLVED, that the Town Board of the Town of Danby amends the 2004 Agreement to Spend Highway Funds as Follows : 1 . Item 2 - b -Banks Road at Town of Caroline Line and leading to Coddington Road Sum : $45 ,000 . 00 - No centerline drainage and will be paved in 2004 rather than 2005 to complete job . 2 . Item 2 - d - West Jersey Hill Road Beginning at West King Road and leading to Newfield Town Line - Purchase 9 ft. Diameter aluminized steel culvert pipe only in 2004 . 3 . Item 2 - f - NEW ADDITION - Curtis Road beginning at Hill Road continuing East to top of Hill at Testut' s for a distance of 4,000 ft. - add 4-6 inches of base and double surface treat. 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 50 of 2004 REPORT RELATED TO EMERGENCY ACCESS ROUTE RECOMMENDED BY TOMPKINS COUNTY PLANNING COMMISSIONER, FOR PROPOSED CMC DEVELOPMENT SUBDIVISION By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, the Town Board of the Town of Danby on June 12 , 2004, by Resolution No . 41 of 2004 granted conceptual approval of a revised road layout with access onto Rte. 96B for the proposed CMC Development Subdivision; and on July 17, 2004 further granted conceptual approval to the proposed layout of public roads and other proposed public facilities, with various provisions ; and WHEREAS, the Town of Danby Planning Board, by Resolution No . 20 of August 18 , 2004 referred the August 17, 2004 letter from the Tompkins County Commissioner ofPlanning to the Town Board, such letter recommending modifications of the subdivision plans to include alternative emergency access, and such resolution reporting that the Planning Board concurred with the report of the Town ' s consulting engineer that an emergency access connection to Comfort Road is not necessary; . , . . I ■ F Ii i i ., ,I _ I I I I � k 11 It l 1 A 5 8 Town Board Minutes 4 September 13 2004 NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby reports to the Planning that it does not see it necessary to provide an emergency access connection to Comfort Road based on the density of the project, and requests that the Planning Board, as referring body, report such to the Tompkins County Commissioner of Planning. 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. 51 of 2004 APPROVAL OF TOWN HALL OUTDOOR LAMP POST PROJECT TRANSFER OF FUNDS By Councilperson Gagnon : Seconded by Supervisor Dietrich WHEREAS, the Town was awarded a grant in November 2003 in the requested amount of $ 3 , 532 . 67 through the Tompkins County Commercial/Civic Center Grant Program for the installation of four outdoor lampposts on the perimeter of the Town Hall parking areas ; with such amount to be paid to the Town upon project completion; and WHEREAS, the Town Board by Resolution No . 71 of 2003 on September 29 , 2003 had tentatively designated an amount not to exceed $2,650 . 00 within Building Reserve Account A230 for use in the Town ' s matching share if the grant were awarded ; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby hereby approves the transfer of $ 6 , 182 . 00 from Building Reserve Account A230 to Account A1620 .4R to cover the estimated cash cost of the project with the understanding that the grant amount will be paid to the Town by the County upon project completion. 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 August 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 August financial report as submitted. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Town Clerk' s August 2004 Report A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the Town Clerk ' s August 2004 report as submitted. 1459 Town Board Minutes 5 September 13 2004 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 WARRANTS General Fund Warrant No. 9 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 . 9 of 2005 voucher numbers 377-415 in the amount of $ 5 , 579 . 24 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Fund Warrant No. 9 of 2004 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the Highway Department Wan-ant No . 9 of 2005 voucher numbers 113 - 134 in the amount of $ 67 , 173 . 44 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously West Danby Water District Fund Warrant No. 9 of 2004 A motion was made by Supervisor Dietrich and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the West Danby Water District voucher numbers 36-46 in the amount of $2, 808 . 49 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously CD Account - Special Grant (parade) A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the expenditure of $ 85 . 00 from the Special Grant Account (parade) . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye 1460 Town Board Minutes 6 September 13 2004 Dietrich Aye Carried Unanimously CD Account - Library A motion was made by Councilperson Strichartz and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the expenditure of $ 88 . 93 from CD Special Fund Account (Library) . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously T&A - 85 Account Two vouchers were submitted by the bookkeeper for approval to pay T . G. Miller from an escrow T & A Account. 1 ) $ 1350 . 00 2) $ 630 . 00 Motion to Pay T. G. Miller Consultants A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the payment of two (2) vouchers from the T & A escrow accounts payable to T . G. Miller Consultants in the amounts of $ 1 , 350 . 00 and $ 630 . 00 . 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 : 30 p .m. 61,414()) )3 9/0/ atd Carol W. SczepansIW, own Clerk min-9- 13 . 04 •