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Home My WebLink About2004-12-13 1469 Town Board Minutes December 13 , 2004 TOWN OF DANBY TOWN BOARD MEETING DECEMBER 13, 2004 PRESENT : Supervisor Fredric Dietrich COUNCILPERSONS : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey OTHERS : Sue Beeners : Zoning Code Enforcement Linda Howe : Deputy Town Clerk Roy Casterline : Water District Superintendent Ted Jones : Bookkeeper William Hall : Highway Superintendent Members of the Public : Robert Roe, Kevin Coons, Timothy Pettaway, Christopher Smiley, Dennis Wang, Shirley Wang, Kerrie Finsinger Supervisor Dietrich called the meeting to order at 7 : 15 p .m. and led all present to the Pledge of Allegiance to the American flag. REPORTS : Tompkins County Representative Representative Proto reported on the following items : - County had passed the Budget for 2005 - the new Dispatch Center is in operation - County Comprehensive Plan presentation by Ed Marx has good points, but there are holes in it and there will be a vote on December 21st - The open burning issue was discussed - The status of the Danby School and the agriculture program was discussed. EMC Robert Roe reported quite year overall . Major issues were the safety cell towers systems, sub division in Danby, the lake source cooling for the Cornell University & Remington Point Hotel Marina is being watched. Open burning and UNA Protocol are being revised. The Town has received resumes from three (3 ) applicants who are interested in serving on the Planning Board for the Town Board to consider for appointment. Planning Board Report Robert Roe reported that there is no Planning Board Meeting in December. Two public hearings are scheduled for January 20, 2005 1 ) request for special permit from Berghorn & Furniss ; 2) request for special permit for a smoking area at the Common Ground. Highway Written report received Planning Board Report Robert Roe reported that there is no Planning Board Meeting in December. Two public hearings are scheduled for January 20, 2005 1 ) request for special permit from Berghorn & Furniss ; 2) request for special permit for a smoking area at the Common Ground. Susan Beeners reported that the Town Board has received two requests for the appeal of the one hundred eighty day ( 180) moratorium on subdivision. Public hearings are required. Motion to Schedule Public Hearing - Coons Appeal A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby schedules a public hearing for Kevin and Rebecca 4jlis 2 Town Board Minutes December 13 , 2004 Coons appeal for 6 : 30 p . m . on Monday January 10, 2005 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 Schedule Public Hearing - Wang Appeal A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby schedules a public hearing for the Dennis Wang appeal for 7 : 00 p .m. on January 10, 2005 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously A Regular meeting of the Town Board will follow the public hearings . Community Council Report - Councilperson Strichartz reported that concert on Sunday with the Bells & Motley was successful . Senior Citizens Report : Supervisor Dietrich reported that the seniors invited him to their annual Christmas Dinner at the Common Ground. He said he I practiced his senior citizen talking for retiring and I wanted to check out the clothes . Dog Control Supervisor Dietrich reported we have hired an enumerator. NEW BUSINESS Motion to set Year-end Meeting- A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby schedule the Year-end meeting of the Board for Wednesday, December 29 , 2004 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 Motion to Schedule Organizational Meeting of the Board for 2005 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby schedules the Organizational Meeting of the Board for Fiscal Year 2005 for Monday, January 3 , 2004 at 7 : 00 p .m . A roll call vote on the motion resulted as follows : . . 1471 3 Town Board Minutes December 13 , 2004 Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Town of Danby set the date of Monday, January 3 , 2005 at 7pm for the 2005 Organizational RESOLUTION NO. 62 OF 2004 TRANSFER OF FUNDS - Highway Department By Councilperson Gagnon: Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby transfers $2 ,285 . 00 from DA5140 . 400 (Brush and Weed) to the DA5110 . 400 (Road Maintenance) , and $ 5959 . 00 from DA5112 . 400 (Chips) to DA5110 .400 (Road Maintenance) to cover expenditures incurred in account DA5110 . 400 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. 63 OF 2004 TRANSFER OF FUNDS - for Deputy Town Clerk By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby transfers $ 800 . 00 from account No . A1410 . 400 to A1410 . 110 (Deputy Town Clerk) to cover payroll necessary for the remainder of 2004 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously .1 Joel Gagnon questioned account and it was explained to him that it was a transfer from the Clerk ' s contractual account to a payroll account. RESOLUTION NO. 64 OF 2004 - TRANSFER OF FUNDS FOR COMPREHENSIVE PLAN TASK FORCE EXPENSE By Councilperson Varona-Lacey: Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby transfer $ 1000 . 00 from account no . A1989 .400 to account No . A8020 . 100 to cover expenses for clerical service to the Comprehensive Plan Task Force and Committees . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Tompkins County Comprehensive Plan : : I i .. ,i J ! 1472 4 Town Board Minutes December 13 , 2004 The Town Board discussed the Tompkins County Comprehensive Plan and a request from the County Legislature to endorse the Plan. Supervisor Dietrich said that the Town has three(3 ) choices : 1 ) pass it on to the Planning Board for review without any statements ; 2) pass it to the Planning Board with Town Board approval ; 3 ) just pass it along. He said that he was leaning toward its endorsement . Councilperson Strichartz is uncomfortable as she has never viewed the Plan. Councilperson Gagnon said that stated that he would like to endorse it personally as the County has made reasonable effort to solicit public comment. Councilperson Varona-Lacey said she would like to send it on to the Planning Board for review and has not had the privilege of viewing the Plan. County Representative Frank Proto said that regardless of how the town votes, as your representative, I ani inclined not to support this and one of my major points is the Planning Advisory is lopsided to people that express one opinion. Supervisor Dietrich said that further discussion and consideration of endorsement of the County Comprehensive Plan would be deferred until the year-end meeting on December 29 , 2004 . The Board members are reviewing the Plan at this time. Planning Board Interviews The Board will schedule interviews for residents interested in serving on the Planning Board for 6 : 30 and 7 : 00 and 7 : 30 p .m. , Monday, January 3 , 2004 . APPROVAL SUPERVISOR' S REPORT October and November 2004 Motion to Approve the Supervisor' s Reports for October and November 2004 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of the Town of Danby approves the Town Supervisor' s October and November 2004 report as submitted. Discussion: Councilperson Gagnon questioned the negative balance in the checking account for October. Bookkeeper Ted Jones said that a bond payment was due and the money had not been transferred on time. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously APPROVAL OF TOWN CLERK' S REPORT November 2004 A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Town Clerk ' s report for November 2004 as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye 1473 5 Town Board Minutes December 13 , 2004 Dietrich Aye Carried Unanimously APPROVAL OF WARRANTS General Fund Warrant No. 12 of 2004 A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approve the General Fund Warrant No . 12 of 2004 in the amount of $ 12 , 340 . 77, voucher numbers 514- 555 . 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. 12 of 2004 A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 12 of 2004 in the amount of $ 34,986 . 83 voucher numbers 164 . 180 . 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. 12 of 2004 A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 12 of 2004 in the amount of $ 246 .48 , voucher numbers 59-62 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Trust and Agency Fund Warrant A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Trust and Agency Fund Warrant, vouchers numbered 1 and 2 of November 2004 in the amount of $ 540 . 00 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Supervisor Dietrich said that there was a resolution for Town Board consideration attached to the I. 474 6 Town Board Minutes December 13 , 2004 Highway Report for the Use of Town Highway M Machinery, Tools, or Equipment Agreement. He asked the Board to pass the resolution although it was not on the Agenda. RESOLUTION # 65 USE OF TOWN HIGHWAY MACHINERY, TOOLS, OR EQUIPMENT AGREEMENT By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLUTION # 65 USE OF TOWN HIGHWAY MACHINERY, TOOLS , OR EQUIPMENT AGREEMENT By Councilperson Gagnon : Seconded by Councilperson Strichartz THIS AGREEMENT is made this 13`h day of December, 2004 , by and between the Town Board of the Town of Danby, Tompkins County, New York, 1830 Danby Road , Ithaca , NY 14850 , hereinafter referred to as the " Board , " and WILLIAM HALL, the duly elected Superintendent of Highways of the Town of Danby, 93 Hornbrook Road , Ithaca , NY 14850, hereinafter referred to as the "Superintendent . " WHEREAS , Highway Law Section 142- d permits the Town Superintendent of Highway, with the approval of the Town Board , to permit the use of any Town -owned highway machinery, tools , or equipment by a county, municipality district corporation , school district , community college , and any unit of the State University of New York; and WHEREAS , the parties hereto desire to memorialize the approval of the Town Board permitting the Highway Superintendent to enter into such agreements for the use of such Town=owned highway machinery, tools , or equipment, and NOW THEREFORE, the parties hereto agree hereby as follows : 1 . The Superintendent may permit the use of any Town -owned highway machinery, tools , or equipment by a county, municipality, district corporation , school district , community college, and any unit of the State University of New York, upon such terms and conditions as may be agreed upon by the Superintendent and such other party . This approval is subject to the conditions hereinafter set forth . 2 . No such agreement by the Superintendent shall involve the exchange of any monies between the Town of Danby and any user . 3 . The Superintendent shall utilize his / her best efforts to ensure that the Town of Danby received fair consideration in non - monies worth for the use of such highway machinery, tools , or equipment . 4 . Permission by the Superintendent to permit the use of such machinery, tools , or equipment is under the express condition that under no circumstances shall the Town of Danby be liable for any repairs necessitated by such use, nor shall the Town of Danby or any officer thereof be liable for any injuries or damages caused by such use . Any such agreement may contain such other terms and conditions , as may be agreed upon by the Superintendent and the user, so long as they are not inconsistent herewith . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date above . TOWN BOARD OF THE TOWN OF DANBY By: By : Fredric Dietrich , Town Supervisor Joel Gagnon , Board Member By: By : Norbert Nolte, Board Member Naomi Strichartz, Board Member By: Gladys Verona - Lacey, Board Member TOWN OF DANBY SUPERINTENDENT OF HIGHWAYS By: William Hall , Highway Superintendent A roll call vote on the resolution resulted as follows : Gagnon Aye 1475 7 Town Board Minutes December 13 , 2004 Nolte Aye Strichartz Aye Varona - Lacey Aye Dietrich Aye Carried Unanimously Councilperson Gagnon made a few grammatical corrections to the original agreement . . ADJOURNMENT A roll call vote on the resolution 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 : 15 p . m . Carol W. Sczep Town Clerk min- 12- 13 . 04