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HomeMy WebLinkAbout2005-08-22 1 Town Board Meeting Special Meeting August 22 , 2005 TOWN OF DANBY TOWN BOARD MINUTES SPECIAL MEETING - AUGUST 22 , 2005 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Ronda Roaring - Member of the Public Supervisor Dietrich called the meeting to order at 7 : 05 p .m. Communications Received : Article from NY Times from Ames Brown regarding Time Warner Supervisor Dietrich said that he talked with Tom Doheny today and asked him to go back and look at what he is proposing for the Town of Danby. The Town is looking an a five(5) year agreement with 0% . That is a proposal that is very different than any other town has asked for. The Time Warner Agreement was deferred until the Town can get a steering committee or an advisory committee to advise us in the direction we should go . RESOLUTION NO 60 OF 2005 APPROVAL OF OLDE TOWNE ROAD EXTENSION -MODIFICATION OF THE LETTER OF CREDIT By Supervisor Dietrich : Seconded by Councilperson Strichartz WHEREAS, the Town Board of the Town of Danby by Resolution No . 30 of 2005 on Feb . 14, 2005 accepted the conveyance of the extension of Olde Towne Road, subject to various conditions ; and WHEREAS, a Maintenance and Hold Harmless Agreement was executed on April 25 , 2005 ; obligating the Developer, Igor Cheikhet, to have the sole responsibility for the maintenance and repair of the roads and related drainage improvements for a 12-month period after conveyance of the property; and WHEREAS, the deed conveying the associated lands and improvements was recorded in the office of the Tompkins County Clerk on May 12 , 2005 , and was subsequently filed in the office of the Danby Town Clerk; and WHEREAS, the Developer has requested a release from the Letter of Credit (ADIS Company, Applicant for the Letter of Credit) associated with this project; NOW, THEREFORE, IT IS RESOLVED, that the Town Board approves the release of $ 18 , 600 from HSBC Irrevocable Documentary Credit No . SDCMTN547033 , Adis Company, Applicant, so that $ 10,000 would be retained in the letter of credit, with the following conditions : 1 . The Date of Expiry in said letter of credit shall be changed from Jan . 1 , 2006 to July 30, 2006 ; and 2 . The time in which a statement signed by the Town of Danby Code Enforcement Officer may be presented allowing Town drafts from the letter of credit shall be extended from December 1 , 2005 to May 12 , 2006 . 3 . The deadline for the honoring of any drafts presented by the Town shall be extended until July 30, 2006 . A roll call vote on the resolution resulted as follows : Gagnon Aye 2 Town Board Meeting Special Meeting August 22 , 2005 Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously OLDE TOWNE ROAD EXTENSION PROJECT NOTES ON LETTER OF CREDIT S. Beeners, 8/19/05 Letter of Credit : 28,600 Recommended for Release : $ 18,600 Recommended to Retain for 1 yr. After Conveyance Basis for the amount retained : Maintenance/repair of any Defects during the 1 -Yr. Following Conveyance 6 ,000 Legal Fees if any default 3 ,400 Tree/shrub Planting 600 (Planted, but need 1 yr. to see if they establish) Recommended to be retained : $10,000 Susan Beeners reported that she would like the Board to hear from David Herrick at a meeting related to the proposed aquifer study proposed by Tompkins County. The total cost of an aquifer study is $256 , 366 if the project starts in 2006 . The County would pay 35 %, USGS 30% and the balance would be the Town with additional costs for drilling of test wells . She asked the Board to invite David Herrick to the September Board meeting. RESOLUTION NO, 61 OF 2005 AQUIFER STUDY-CONSULTATION WITH ENGINEER By Councilperson Strichartz : Seconded by Supervisor Dietrich RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor and the Town Code Enforcement Officer to consult with and obtain the opinion of, T . G. Miller P . C . , David Herrick, Engineer, related to the potential usability and scope of the Aquifer Study proposed by Tompkins County and U . S . Geological Survey for the Upper Buttermilk Creek/Danby Creek Valley Surficial Aquifer Study limited to no more than four(4) hours . 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. 62 OF 2005. APPROVAL OF RENAMING THE PROPOSED ROAD "KING ARTHUR' S COURT TO "PATCHEN COURT" By Councilperson Varona-Lacey: Seconded by Supervisor Dietrich WHEREAS, the proposed road name for the new road in the approved subdivision, "Camelot Subdivision", was "King Arthur' s Court", located on town of Danby Tax Parcel No . 26- 1 -9 . 38 ; and WHEREAS, the developer would like to change that road name; NOW, THEREFORE, IT IS RESOLVED, that the new road shall be renamed as "Patchen Court" . 3 Town Board Meeting Special Meeting August 22 , 2005 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 2005 APPROVAL OF FUNDS FOR TEST BORINGS RELATED TO PROPOSED SALT STORAGE FACILITY By Supervisor Dietrich : Seconded by Councilperson Varona-Lacey WHEREAS, the Town of Danby has contracted with T. G. Miller, P . C . "Engineer", for professional services related to the proposed Salt Storage Facility at the Highway Department ; and WHEREAS, the Engineer has requested that subsurface conditions be examined through test borings prior to any finalized building design; pursuant to Exhibit B of the contract ; NOW THEREFORE, IT IS RESOLVED, that the Town Board authorizes the expenditure of funds for said test borings and their interpretation, with such expenditure not to exceed $ 6, 000 without further Town Board approval ; and with the source of said funds to be from the Building Reserve Account. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Special Meeting With Planning Board Scheduled A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby schedule a Special Meeting with the Planning Board for Wednesday, September 7 , 2005 from 7 : 00 - 8 : 00 P .M. for review of the proposed conceptual framework for legislative decisions . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Department Salt Shed Proposal Susan Beeners said that she would mail SEQRA information out soon. The Board will review the SEQRA at the September Agenda Meeting. Bonding Discussion Councilperson Gagnon asked if the proposed aquifer study costs (if approved) could be added to the Bonding package. Supervisor Dietrich said that it may be possible that this project be added. He said that he is pretty sure that we can go ahead with the bonding and the aquifer study and do not see a tax rate increase. He said that we are looking at leasing the truck instead of bonding for it . The goal now is to take a look at the basic core projects that are in the bond that are going to highway. The gradall and the one ton truck are paid for from the general fund but we must use the bond to reimburse those accounts . In the Highway Superintendents proposal he wants another six-wheeler to stay on his schedule . . . M . ! _ , , ,I . I 4 �� �i, 4 Town Board Meeting Special Meeting August 22 , 2005 Task Force Update Councilperson Varona-Lacey left at 8 : 30 p . m. Councilperson Gagnon said he would like some feedback from the Board on the Task Force and the direction that it can go in. He has several ideas but he wants some direction from the Board. The Board needs discussion about what it thinks is reasonable to tackle and what is the time frame. Councilperson Nolte said we could try to figure out the revisions . Supervisor Dietrich said that at the joint meeting with the Town Board, Planning Board and the Task Force most everyone ' s previous objections seemed to be satisfied around the concept of Task Force passing information to Planning Board and Town Board . We are further going to discuss procedures as to how the information moves through and what people are going to be happy with as a process . Councilperson Gagnon said that the Planning Board would like more regular updates and more of an opportunity for them to comment and participate . What he was looking for was time on the Planning Board ' s agenda for regular verbal report from the Task Force . Written reports do not create the opportunity for response and comment. Supervisor Dietrich said that most of the people on the Task Force are not associated with the Planning Board or Town Board. Councilperson Strichartz said that a lot of people may loose interest in having the implementation of the Comprehensive Plan proceed this way. What this brought out for those of us who are interested in conserving open space and those of us who are interested in making a lot wherever they want to make a lot are two extremes working in this group . She does not believe that after we passed through the land use thing that they are going to want to discuss community services . Councilperson Nolte said that when we get through this revision stuff then we are going to start fresh. The Board needs to look at the next stage and to read up on it, come back and have an opinion of what the important issues are. The Board needs to look at the material and figure out what we want to do with it . That might take a month before we can come back with answers about what we want to do . Danby Area News Articles Councilperson Gagnon reported that he wrote an article for the Danby News which was run by the group(?) that summarizes the last eight (8) months of work reporting that the Task Force has recommended a framework. Supervisor Dietrich said that he would go with Sue ' s version of the meeting report. There was discussion of what was to be placed into the Danby Area News and who should write the article as well as how much should be reported. Sue said that we have a Planning Board and a Town Board that is now more involved in the process . There has not been a review of the proposed Round H revisions . She asked if the Danby News Article have a lot of detail of what the proposed changes are or should it be only the first two(2) pages of that meeting report. Councilperson Nolte said that articles should be a summary of what has happened to date and not what might happen. He said from his point of view the recommendation of what we think is going to happen should be coming from the Town Board and not the Task Force unless it ' s pretty close and it isn ' t. Councilperson Strichartz said that in order to communicate with large numbers of people you have to present it in a way that large numbers of people will read it and absorb it. She said that she knows that they are not going to read those articles . Susan Beeners said that the information should be reported as proposed by the Task Force for review by the Board . After lengthily discussion the Supervisor requested that Sue Beeners draft a summary of the Task Force activities regarding the proposed revisions for the Danby Area News for his approval before publication. 5 Town Board Meeting Special Meeting August 22 , 2005 Susan Beeners agreed to take the articles Councilperson Gagnon proposed and make it into bullets for publication in the Danby Area News . ADJOURNMENT On a motion the meeting adjourned at 9 : 10 p .m . (std a , A Carol W . Scze se* I i , Town Clerk