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HomeMy WebLinkAbout2005-05-11 ; . . Town Board Minutes Adjourned Meeting of May 9, 2005 May 11 , 2005 TOWN OF DANBY TOWN BOARD MINUTES MAY 11 , 2005 ADJOURNED MEETING OF MAY 9, 2005 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public Eileen Wright, Roy Casterline, John Shepardson Sr. , Raymond & Charlotte Mayo , Pat Woodworth, • Carl Steele, Robert Roe, Ross & Elaine Cortright, Rhonda Roaring, Ann Klingensmith Supervisor Fredric Dietrich called the meeting to order at 7 : 00 p .m . and led all present to the Pledge of Allegiance to the American flag. Additions or Deletions to Agenda 1 ) Appeal to Town Board of Planning Board Resolution-Common Ground 2) Update on Salt Shed Storage Facility/trucks/roof./water district generator Privilege of the Floor Councilperson Strichartz reported that Theresa Albert has not received the Contract Agreement between the Town and Tompkins County for youth services . Councilperson Varona-Lacey asked the Board to consider having Mike Stamm come to talk to the Board. The Town Clerk reported that the copier has been ordered and will be delivered next week. The Tompkins County Town Clerks have scheduled a meeting with the SPCA for information on dog enumerations . Members of the Public Raymond Mayo - he reminded that the Town Board is elected by the people to represent the majority of the people. Q - Ross Cortright - at the public hearing on Monday night there were sixty questions that were asked but were not answered. He asked at what point they would be answered . A - Supervisor Dietrich said that his answer to that is that we have made a list and he felt that most of the questions asked were philosophical in nature and not factual . The Comprehensive Plan is the vehicle that was used to be philosophical about land use. Most of the questions that were asked were directed toward the Comprehensive Plan. The questions that were factual as far as specific questions that referred to the Local Laws will be answered on our WEB site. We will also have hard copies available here . Q - Barry Craddock - asked the Board if they were going to vote this evening. A - Supervisor Dietrich said that it was on the Agenda for consideration. Bob Roe • - attended the public hearing and the opinion about those laws were diverged and personally he thinks some of them are quite acceptable and others are more questionable. He does have some real problems with the process by which they came into existence . Some of the things said at the public hearing were disturbing and no official minutes of the Task Force meetings were rt , ate _2-;. ��;k� s {�, '. . a a`[- 2 Town Board Minutes Adjourned Meeting of May 9, 2005 May 11 , 2005 available . Susan Beeners said that a summary of the meetings and the attendance submitted to the Town Clerk. Councilperson Gagnon said the most complete record of what happened is probably what is published in the Danby Area News . Councilperson Nolte said that he thinks that the point is that people came to the meetings and initially contributed and put their views in and it still went the other way. Their needs are not being met . They feel that their input is not there has not been a compromise made . Councilperson Strichartz said that there was compromise at the Task Force Meetings . She said that there were guidelines of when they would vote on issues . This is a very difficult topic and understands the kinds of frustrations that this type of situation is going to engender. We have worked very hard and opened up the process to the entire community. Councilperson Gagnon said that in regard to the voting that the procedure requiring three meetings of attendance in order to become a voting member of that group was put in there before the group ever met and was a charge to the group . They also agreed early in the process to as much as possible to make decisions by consensus and not actually vote on them and most of the time that is what they did. They did have some votes toward the end and at the end everybody in attendance had attended more than three meetings so it never became an issue . Elaine Cortright - is having a problem with the articles in the Danby Area News as unbiased news . It is probably because the same person writes it all the time . She is a past assessor and is concerned with what this legislation will do to the tax base if it is adopted. . Eileen Wright said that she was on the Task Force and came to many meetings . She said that decisions made at the meetings she attended that the decisions made were by consensus . All the publications in the Danby Area News was reviewed by the committee before publication. Barry Craddock - he attended many meetings of the Task Force . He never received any of the e- mails . John Shepardson Sr. - he feels that the Town Board has already made up their minds and they are going to pass this . You have the majority of the Town Board is 100% in favor of it and that ' s the way it ' s going to go . Elizabeth Roe - she would like the Town Board to consider allowing temporary banners to publicize the Danby Garden Tour and also publicize the Fun Days . The bad news is she wants to know what is going on with the garden in the middle of the Town Hall lawn. Something needs to be done as there has never been any maintenance and it has never been a garden. Susan Beeners said that about three years ago the Danby Community Council came to the Town Board and asked them to support a grant application for a garden. We have not seen any maintenance. Q - Carl Steele - wants to know what the Board is going to vote on, the zoning or what? A - Supervisor Dietrich said that the proposed zoning legislation is before the Board tonight and it will be a Board decision whether they want to act tonight. REPORTS : EMC - Report Robert Roe reported that the EMC spent their last meeting on issues related to burning barrels . The State has a new ATV policy. He has a copy of the New York State draft regarding ATV ' s . f% G xA psi • , 3 Town Board Minutes Adjourned Meeting of May 9, 2005 May 11 , 2005 Highway Report - April report received. Councilperson Nolte asked that the Board make a commitment to actually maintain repairing the roads and to have a discussion now about the one-ton truck. It was mentioned last week that we could obtain a short term note to purchase a truck . Supervisor Dietrich said that we had a bigger plan and then a cutout was worked where we could backtrack certain items . If we have a favorable report from Dave Herrick and the Board approves it, this will allow him to put the necessary materials together to submit to the Planning Board . The information of the total amount of cost for bonding the salt shed and the truck will go to the Town Attorney and he will find a Bond Attorney so we can start the process . We can obtain a short term loan to purchase the truck and pay it back when we obtain a Bond . Zoning Report - April 2005 report received . Construction has been a little slow but starting to pick up . Planning Board Report Robert Roe reported that the last meeting was strictly devoted to review of the Draft Proposals . They were pleased that most of their recommendations were included in the revisions . The Planning Board submitted a report to the Town Board regarding their recommendations . Recreation Partnership We have been unable to find a representative who can attend meetings at 4 : 00 p .m . in the afternoon. Councilperson Strichartz has requested that they change the time of the meetings . Danby Senior Citizens Carol Sczepanski reported that the Senior Citizens met on Thursday, May 5 , 2005 at 6 : 00 p . m. It was well attended and the entertainment was the local Crane Hill Trio . Communications : Letter from Robert Lieberman - asking the Town Board to consider legislation for amplified sound that invades people ' s homes and properties . List from Town Clerk of resolutions passed on April 18 , 2005 at the New York State Town Clerks Association Conference. OLD BUSINESS : Salt Shed Storage Facility Dave Herrick has sent a revised agreement to provide professional engineering, architectural, and surveying services for a Salt Storage Facility and stormwater management practices to consider. Supervisor Dietrich reported that if approval for this service is obtained it obligates the Town to enter into an agreement with T . G . Miller for services . The information provided will then go to the Planning Board to review the materials . It moves the process along. The total cost is not to exceed $26 , 300 . SALT SHED FOR HIGHWAY DEPARTMENT RESOLUTION NO. 39 OF 2005 APPROVAL OF PROFESSIONAL SERVICES FOR SALT STORAGE FACILITY By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey WHEREAS, the Town Board of the Town of Danby has identified the construction of a salt storage facility as a priority in its capital improvements planning; and WHEREAS, there is a need to construct such a salt storage facility to mitigate potential impacts on water quality; NOW, THEREFORE , IT IS x 4 Town Board Minutes Adjourned Meeting of May 9, 2005 May 11 , 2005 RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to execute into an agreement with T . G . Miller, P . C . for professional engineering, architectural, and surveying services for a Salt Storage Building and site stormwater management practices, subject to review of the agreement by the Town Attorney; and it is FURTHER RESOLVED, that the amount of funding for such services shall not exceed $26,300 without further Town Board approval . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Time Warner Franchise Agreement Supervisor Dietrich said that the Town Attorney is looking over the Time Warner Franchise Agreement . The new franchise if adopted will have revenues attached to it. It is possible that a public hearing may be scheduled for at the June meeting for July 11 , 2005 for the franchise. Consideration of Local Laws No. 1 , 2, and 3 of 2005 RESOLUTION NO 40 OF 2005 CONSIDERATION OF ENACTMENT OF LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE NUMBER OF LOTS ALLOWED, AND REQUIRED LOT AREA By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, the action is to Consider Enactment of a Local Law Amending the Zoning Ordinance Regarding the Number of Lots Allowed, and required Lot Area; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review, with the Planning Board of the Town of Danby an involved agency; 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 May 6 , 2005 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 April 21 , 2005 made its report; and WHEREAS, the Town Board of the Town of Danby on May 9, 29005 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal on April 26, 2005 ; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Type I action, hereby makes a negative determination of environmental significance ; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number 1 of 2005 , entitled "A Local Law Amending the Zoning Ordinance Regarding the Number of Lots Allowed, and Required Lot Area," a copy of which is attached hereto and made part of this Resolution; and it is 3n �' " �} - ! 'I I:'. . Town Board Minutes Adjourned Meeting of May 9, 2005 May 11 , 2005 FURTHER RESOLVED, in so adopting said local law, the Town Board approves insertion of the effective date of this local law where indicated in the text of this local law as "(EFFECTIVE DATE TO BE INSERTED)", once the effective date is determined by the Attorney for the Town, and authorizes the Town Clerk to make such insertion, such date to be the earliest date required by law; 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. Discussion : Councilperson Strichartz said that we do not know exactly what results of this amendment is going to be . She will not vote for something unless she feels very strongly that it is not going to decrease the equity they have in their land . She said she cannot say that she knows that at 100% at this point and suggested that this be re-evaluated if we pass this tonight to see what the results are and to leave the flexibility to amend it. We need something in place . She would like to thank the Task Force Committee as they have done a magnificent job . She said that she favors passing this resolution and favor re-evaluating this in six(6) months to make sure it is not harming anyone ' s equity. Councilperson Varona-Lacey said that she would like to add to what Councilperson Strichartz said, that we put it in writing that this is going to be re-evaluated . Councilperson Nolte said that this changes the number of lots and lot area and he asked the Code Enforcement Officer to explain the provisions in the local law. Councilperson Gagnon said that the equity impact of the changes is negligible, it' s the process that has changed. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously TOWN OF DANBY LOCAL LAW NO. 1 OF 2005 A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE NUMBER OF LOTS ALLOWED, AND REQUIRED LOT AREA Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . The Zoning Ordinance of the Town of Danby adopted by the Town Board on December 11 , 1991 , as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following sections . Section 2 . Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE" is hereby amended by adding a new subsection 4 to read as follows : "4. NUMBER OF LOTS ALLOWED (a) On any parcel as it existed on the effective date of this amendment to this ordinance May, 11 , 2005 there shall be permitted no more than one ( 1 ) lot created for every five (5 ) acres of land or per 200 feet of road frontage 5 t. 6 js nit 614,44 k Town Board Minutes Adjourned Meeting of May 9 , 2005 May 11 , 2005 whichever results in the greater number of lots, provided that the road frontage, for this purpose, is located on a public road maintained year-round. (b) For purposes of calculating the number of lots allowed, in no case shall the number of lots allowed exceed the average density that could be obtained using the required lot area provided in Article VI, Section 600 of the Zoning Ordinance of the Town of Danby. (c) The limitations of this section shall apply to parcels of land existing on the effective date of this amendment to this ordinance May 11 ,2005 Any subsequent owner or owners of any such parcel of land (I . E . , THE PARENT PARCEL) shall be bound by the actions of previous owners in that such subsequent owner or owners may only create the number of lots that may remain of the original number allowed under this section. - (d) Further subdivision of any parcel created after the effective date of this amendment to this ordinance May 11 , 2005 shall be prohibited unless all or part of the remaining subdivision rights of the original (PARENT) parcel are specifically transferred to the newly created lot. Written notice of any such transfer shall be submitted as part of the Final Subdivision Plat, and shall be- recorded on the plat. " Section 3 . Article VI, Section 600 is hereby amended by renumbering subsection 4 as subsection 5 , and revising it to read as follows : "5 . REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot area shall be not less than two acres with frontage of not less than two hundred feet, and a lot depth of not less than three hundred feet. " Section 4 . Article VI, Section 600 is hereby amended by renumbering subsections 5 entitled "YARDS ", 6 "SIGNS", 7 "HEIGHT", and 8 "BUILDING AREA" as subsections 6 , 7, 8 , and 9 respectively. Section 5. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL ZONE", subsection 4 is hereby amended to read as follows : "4 . REQUIRED LOT AREA. Except when approved as a Clustered Subdivision, lot area shall be not less than one and one-half acres with frontage of not less than one hundred fifty feet and a lot depth of not less than two hundred feet . " Section 6. Article VI, Section 602 entitled "HIGH DENSITY RESIDENTIAL ZONE", subsection 4 is hereby amended to read as follows : "4 . REQUIRED LOT AREA . Except when approved as a Clustered Subdivision, lot area shall be no less than one acre with frontage of not less than one hundred fifty feet and a lot depth of not less than two hundred feet; and if the area is sewed by public water, the lot area shall be not less than one half acre with frontage on a public street of not less than seventy- five feet and a lot depth of not less than one hundred fifty feet. " Section 7. If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. 6 ,-:ti .. #FL 3 c; t n ± t E 1 Section 8. This local law shall take effect 10 days after its publication in the official newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. LOCAL LAW NO. 2 OF 2005 RESOLUTION NO. 41 OF 2005 A LOCAL LAW AMENDING THE ZONING MAP BY CHANGING CERTAIN AREAS CLASSIFIED AS MEDIUM DENSITY RESIDENTIAL ZONE TO LOW3 DENSITY RESIDENTIAL ZONE By Councilperson Varona Lacey: Seconded by Supervisor Dietrich WHEREAS, this action is to Consider Enactment of a Local Law Amending the Zoning Map by Changing Certain Areas Classified as Medium Density Residential Zone to Low Density Residential Zone; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review, with the Planning Board of the Town of Danby an involved agency; 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 May 6, 2005 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 April 21 , 2005 made its report ; and WHEREAS, the Town Board of the Town of Danby on May 9 , 2005 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal on April 26, 2005 ; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Type I action, hereby makes a negative determination of environmental significance; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number 2 of 2005 , entitled "A Local Law Amending the Zoning Map by Changing Certain Areas Classified as Medium Density Residential Zone to Low Density Residential Zone, " a copy of which is attached hereto and made a part 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 TOWN OF DANBY LOCAL LAW NO. 2 OF 2005 7 A u �L`{ :. % , . a I 11 I. A LOCAL LAW AMENDING THE ZONING MAP BY CHANGING CERTAIN AREAS CLASSIFIED AS MEDIUM DENSITY RESIDENTIAL ZONE TO LOW DENSITY RESIDENTIAL ZONE Be it enacted by the Town Board of the Town of Danby as follows : Section 1 . The Zoning Map of the Town of Danby, approved by the Town Board on December 11 , 1991 and subsequently amended from time to time, is hereby amended by changing certain areas presently classified as Medium Density Residential Zone so that these areas are hereby reclassified as Low Density Residential Zone. Said areas are shown on the maps accompanying this local law as "Exhibit A", "Town of Danby Zoning Map Changes — Danby Hamlet ' and "Exhibit B", "Town of Danby Zoning Map Changes — West Danby Hamlet" on which maps said areas are depicted as "Proposed Change from Medium Density to Low Density" . Section 2. If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. Section 3 . This local law shall take effect 10 (ten) days after its publication in the official newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. LOCAL LAW NO. 3 OF 2005 Councilperson Nolte said that this is the major change. From his experience with people he has talked with have a hard time with big development but can deal with a neighbor putting up a house . What we are doing here if you have fifteen acres you have to start jumping through major hoops if you want to do anything to it and your neighbors don ' t care as you are talking about putting a house out front and in the back nothing . That ' s how it is up and down his road. This proposal goes up hard against how people live fairly comfortably. He cannot support it. Councilperson Strichartz said that in talking with people that they are more disturbed by the major developments than single houses . She thinks that our major thing is breaking off single or double houses . She suggested that this get re-evaluated and simplified for people who are just building one house but still want to see this in place. Councilperson Gagnon said that any subdivision will be more complicated. There will be another round of amendments to this in six (6) months or whatever. We are already committed to phase two . Everybody who has concerns about the inadequacy of this will have an opportunity to make changes more agreeable. Councilperson Nolte said that this is making the easiest development under the proposed subdivision regulations a long delay. Make it exempt. Resident asked if he wanted to give one of his children a lot, then he has to go for subdivision and all that red tape . He thinks some of this proposed legislation is ridiculous . Pat Woodworth said that when she the regulations for ministerial subdivision she saw the changes as minimum and not as being burdensome. Many of these things must be done anyway for mortgages, loans, septic and all of those things . The bigger subdivision regulations did have a lot of changes . She does not see this legislation as purely aesthetics . There are technical things like water. She said it is very difficult to say now whether it will be a problem . When you have hard and fact data then you make a decision. Any law that goes into effect, if you don' t know what the results are going to be then you re-evaluate to see if they need to be changed . Susan Beeners said that she didn' t think it was a good idea to put that we would revisit it in six (6) 8 .E ..T+ tI r *. 1. •1 k k:: a ' t - . : ' w '.;r .tea kz r .,. �. _ ,ti x } j months . The Task Force is working on Phase 2 things that will make things even more flexible . Councilperson Gagnon said to keep in mind that Task Force consists of anybody who wants to come. If we had a majority of people who felt this way on the Task Force all along we would have a different product come out of the process because the people who participated determined the product . Councilperson Gagnon explained the conservation and the reason it is included in the regulations . Q - Don Barnes - has a suggestion - he wonders if the Town would be willing to send out a questionnaire and take a consensus of what all the taxpayers in Danby want. RESOLUTION NO. 42 OF 2005 ADOPTION OF A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY REGARDING ADMINISTRATION, NOTIFICATION PROCEDURES SUBDIVISION CLASSIFICATION, REVIEW AND APPROVAL PROCEDURES , CLUSTERED SUBDIVISIONS , OPEN SPACE STANDARDS, ENVIRONMENTAL CONSERVATION, STREET IMPROVEMENTS, CERTIFICATION OF IMPROVEMENTS, SUBMISSION REQUIREMENTS , AND DEFINITIONS By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, this action is to Consider Enactment of a Local Law Amending the Subdivision Regulations of the Town of Danby Regarding Administration, Notification Procedures, Subdivision Classification, Review and Approval Procedures, Clustered Subdivisions, Open Space Standards , Environmental Conservation, Street Improvements, Certification of Improvements, Submission Requirements , and Definitions ; and WHEREAS, this is a Type I action for which the Town board of the Town of Danby is acting as Lead Agency in environmental review, with the Planning Board of the Town of Danby an involved agency; 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 May 6 , 2005 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 April 21 , 2005 made its report; and WHEREAS, the Town board of the Town of Danby on May 9 , 2005 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal on April 26 , 2005 ; NOW, THEREFORE IT IS RESOLVED, that the Town board of the Town of Danby acting as Lead Agency in environmental review of this Type I action, hereby makes a negative determination of environmental significance; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number 3 of 2005 , entitled "A Local Law Amending the Subdivision Regulations of the Town of Danby Regarding Administration, Notification Procedures, Subdivision Classification, Review and Approval Procedures, Clustered Subdivisions , Open Space Standards, Environmental Conservation, Street Improvements, Certification of Improvements, Submission Requirements, and Definitions," a copy of which is attached hereto and made a part of this Resolution; and it is 9 a { M * °5. . FURTHER RESOLVED, in so adopting said local law, the Town Board approves insertion of the effective date of this local law where indicated in the text of this local law as May 11 , 2005 once the effective date is determined by the Attorney for the Town, and authorizes the Town Clerk to make such insertion, such date to be the earliest required by law; 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. Discussion : Councilperson Nolte asked if we could vote on this resolution at the next meeting. Councilperson Gagnon asked why Councilperson Nolte wanted to postpone the vote. Councilperson Nolte said he would like to make the lots along the road exempt, would like to know the economic cost to the Town and how much more work is the Code Enforcement Officer going to have such as how what enforcement issues are going (that should )to be enforced. Councilperson Strichartz asked yesterday whether or not small changes could be made without a three (3) months delay. The Code Enforcement Officer and others said that it would be a three(3 ) or four(4) months delay. Councilperson Gagnon said that minor changes such as typographical errors or something but anything of substance would require a public hearing and a re-vote. We could decide to set this aside or send it back to committee for revision if we thought it was so flawed that it needed to be reworked. Councilperson Nolte said that he wants to be able to take in what the public said. If we just rubber stamp these things then having a public hearing is like what for. Councilperson Gagnon said that we had public information meetings and an open process preceding for crafting it and monthly updates in the Danby Area News so people knew what was going on. This was referred to the Town Board in January, reviewed by the Town Board and the Planning Board. After Monday' s meeting he was prepared to say that there were enough problems in here that it would make sense to send it back to committee. It also makes sense to put something in place as it has been a long time getting this far. By no means is it a perfect document. He said that he had a lot of suggestions for ways of how to fix it. He described some of his ideas for revisions to the document. Councilperson Strichartz said that we should consider all of Councilperson Gagnon ' s suggested revisions but we need to have something in place now . Councilperson Gagnon said that it is better to put this in place and amend it than it is to send it back to committee . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Nay Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried 10 , ,,,; r COPY OF LOCAL LAW NO. 3 OF 2005 ATTACHED OLD BUSINESS : Appeal of Planning Board Resolution - Common Ground Motion to Postpone Decision of the Appeal to Town Board of Planning Board Resolution A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the . Town Board of the Town of Danby postpones the decision of the Appeal to the Town Board of the Planning Board Resolution No . 5 of 2005 to a Special Meeting following the Agenda Meeting of June 6, 2005 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 43 OF 2005 TRANSFER OF FUNDS - CODE ENFORCEMENT OFFICE By Councilperson Gagnon: Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby approves the transfer of $2460 . 00 from A1220 . 200 to A8010 . 200 and $ 675 . 00 from A1220 . 400 to A8010 . 400 for the purchase of a computer system and software. (Total $ 3135 . 00) . 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. 44 OF 2005 RESOLUTION OF SUPPORT FOR THE COMMUNITY PRESERVATION ACT By Supervisor Dietrich: Seconded by Councilperson Gagnon WHEREAS, the Community Preservation Act (A. 6450/S . 3153 ) is currently being considered by the State Legislature, and WHEREAS, this Act would enable the Town to establish land preservation and protection funds, and WHEREAS, a subcommittee of the Comprehensive Plan Implementation Task Force investigating non-regulatory opinions for open space protection identified the real estate transfer tax as a desirable funding mechanism, and WHEREAS, the Community Preservation Act would authorize towns to use a real estate transfer tax of up to 2% to purchase land or interests in land for conservation purposes if supported by the public in referendum, and WHEREAS, the preservation and protection of open spaces is an objective of the Town ' s Comprehensive Plan, now, therefore, be it RESOLVED, that the Town board, on behalf of the residents of the Town strongly urges support for the Community Preservation Act. 11 Y, y I 11 1 1 1 :1 1 r 1 : I 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. 45 OF 2005 RESOLUTION URGING SUPPORT FOR THE COMMUNITY PRESERVATION ACT By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS , the Community Preservation Act (A. 6450/S . 3153) is currently being considered by the State Legislature, and WHEREAS, this Act would enable Towns to establish land preservation and protection funds and a revenue stream for the purchase of land and interests in land for conservation purposes via a real estate transfer tax of up to 2%, and WHEREAS, open space protection is an objective of the County and many Town Comprehensive Plans, now, therefore, be it RESOLVED, that the Town Board of the Town of Danby, acting on behalf of the residents of the Town, urges the various Towns in Tompkins County, the Tompkins County Municipal Officials Association, and the Tompkins County Legislature join with the Town of Danby in endorsing this Act. 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. 46 OF 2005 COLLATERAL SOURCE LEGISLATION - CIVIL PRACTICE LAW AND RULES By Councilperson Gagnon : Seconded by Supervisor Dietrich WHEREAS, Civil Practice Law and Rules (CPLR) ss4545 , subjects public employers, and only public employers to a double recovery of lost future earnings in tort actions brought by their employees ; and WHEREAS, this present inequity exists because the CPLR as interpreted by New York' s Court of Appeals in Jazzetti v . City of New York; N. Y. 2d 183 ( 1999) requires that future lost earnings awards for public employees are not offset by collateral sources such as a disability pension that the employee will also receive to replace his or her lost earnings ; and WHEREAS, amendments to the collateral source rule will eliminate this inequality and these windfall recoveries and lead to significantly lower costs to municipalities and taxpayers throughout the State ; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Danby calls for an amendment to CPLR ss4545 such as provided for in S . 1544/A354 to prevent "double dipping" in lawsuits against public employers and ensure that plaintiffs do not profit at the expense of taxpayers . 12 y Ill A I r 4 :r r yy • 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 April 2005 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the Supervisor' s April 2005 report 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 2005 Report A motion was made by Supervisor Dietrich and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Town Clerk ' s April 2005 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 APPROVAL OF WARRANTS : General Fund Warrant No. 5 of 2005 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 . 5 of 2005 in the amount of $9 , 153 . 57 voucher numbers 201 - 244 . 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. 5 of 2005 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 2005 in the amount of $ 19,924 . 50 voucher numbers 49-67 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye 13 ad i` s a, tt ' 1 � I E . r J r I f ` 1 ik 1 I r .. 9. t ' ) t . i h • r Varona-Lacey Aye Dietrich Aye Carried Unanimously West Danby Water District No. 5 of 2005 A motion was made by Councilperson Gagnon and seconded by Councilperson Dietrich that the Town Board of the Town of Danby approves the West Danby Water District No . 5 of 2005 in the amount of $ 1 ,444 . 44 voucher numbers 14- 19 . 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 : 25 p .m. &id t. ) Cl4 2 4.A) Carol W . Sczepans , Town Clerk min- 5 - 11 -05 14 • .} u.:; . s � ,