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HomeMy WebLinkAbout2006-04-10 I , I J ad ill HI; , 48 TOWN OF DANBY TOWN BOARD MEETING APRIL 10, 2006 PRESENT : Supervisor Fredric Dietrich Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino, Gladys Varona-Lacey Others Present : Carol Sczepanski l - Town Clerk C Susan Beeners - ode Enforcement Officer Roy Casterline - West Danby Water Superintendent Andrew Thurnheer - Highway Superintendent Members of the Public : Mary Casterline, Ames Brown, Bob Roe, Dave and Judy Noteboon, Jim Seely, Gary Hollenbeck, Jeffrey Ward, Marg and Carl Seamon, Cindy Whittaker, Ted Jones, Nick Monroe, Kent McNeil, Katy Walker, Sheryl Monroe, John Shepardson, Jr. , John Shepardson, Sr. Supervisor Dietrich called the meeting to order at 6 : 30 p . m. and led all present to the Pledge of Allegiance to the American flag. ADDITIONS OR DELETIONS TO THE AGENDA Councilperson Salino asked that the Board to pass a resolution of acknowledgment of services to the Town of Danby of Arch Dotson. Arch passed away last week . Councilperson Nolte asked that the Board consider an executive session following the reports on the agenda. Susan Beeners asked that the Board consider a special meeting for April 17 , 2006 at 6 : 30 p .m . to review the Highway Department Facility floor drain project and the written proposal from the remediation consultant. She requested that the Town Attorney and Mesmer be present at that meeting. Carol Sczepanski basked that an item for permission to dispose of Tentative Assessment Rolls over Six(6) years old and Final Assessment Rolls over ten( 10) years old that are now outdated records be added to the agenda. Councilperson Varona-Lacey asked that the Beautification Committee be added to reports and that continued discussion on roads be added under Old Business . Councilperson Beavers asked that the Fire District be added to Reports . PRIVILEGE OF THE FLOOR: Bookkeeper Ted Jones reported that Representative Proto will not be here tonight . Ames Brown asked that the Board give some attention to the other items that were on the proposed bond other than th'e salt storage facility. He questioned an item on the agenda -Retroactive Approval of Grant Application Submission and Commitment of funds (proposed resolution) . We should find out what we are doing with the grant before we commit funds . He also asked for an update on the West Danby Water District generator. Councilperson Beavers reported that this is only a grant application and it does not guarantee a salt barn project nor does it commit us to anything. If we do get a grant we can continue with the project. REPORTS : EMC Report - Robert Roe reported that Cornell University has twenty-seven(27) projects . The one that most likely toj affect us is the heating plant . EMC voted unanimously to join New York Energy Smart Communities Programs that hopefully allows towns and counties make smart energy decisions . The rates have not gone down for solid waste disposal . 49 2 Town Board Minutes April 10, 2006 Highway - No report . Planning Board Report - Robert Roe reported that on March 16 , 2006 the Planning Board granted a request for a two(2) acre lot subdivision and scheduled three (3 ) public hearings at their April 27 , 2006 Meeting. 1 ) Danby Community Park, 2 ) A property at 1850 Danby Road ( currently Lane ' s Automotive), 3 ) Waldorf School Proposal . We will be looking at the revision of the work plan County Planning Contract . Bob reported that the Planning Board looked at a draft "Right to Farm" proposed ordinance and the Planning Board would like to suggest to the Town Board that it be extended to cover other outdoor commercial and recreational uses of natural resources that are consistent and established as law in the State of New York. West Danby Water District - Superintendent Casterline submitted the West Danby Water District Annual Water Quality Report for 2005 and it has been filed and posted . He said that the generator is something they have been working without the generator since 1992 and nothing has been done yet. The generator at the fire station still remains an issue between the water district and the fire district. Recreation Partnership The Recreation Partnership open house for last Thursday was cancelled due to lack of interest. . The Town Supervisor will report to Community Council on some the numbers that have come back on Danby youth participation . Community Council Councilperson Varona-Lacey said that she was unable to attend the last Community Council Meeting. She received a report that money was approved for the Danby Fun Day expenses and $300 from the concert money for a musical group . Cooperative Extension presented a report on youth services and more youth will be recruited from South Hill School by the Youth Coordinator. There was money approved for Summer Programs at Jennings Pond and money was approved to repair West Danby signboard that was damaged by water. Senior Citizens : Carol Sczepanski reported that 53 seniors attended the Senior Citizens Easter Luncheon and had Country music for entertainment. Beginning in May the seniors will meet at 6 : 00 p .m . Dog Control SPCA February report has been received. The Town Clerk reported that the Tompkins County Town Clerks will be meeting with representatives of the SPCA regarding the way tickets are to be handled . Fire District Report Councilperson Beavers attended the Fire District Meeting on March 21 , 2006 . He will submit a copy of the minutes and a copy of their budget. He suggested that they have a representative come to the Town Board Meetings . They are putting their equipment list to go out for bid for replacement of small equipment. The Fire District is planning on increasing their insurance from $ 3 ,000,000. 00 to $ 5 , 000, 000 . 00 The issue of the generator for the West Danby Water District has been tabled . They are now doing an internal audit . They received a $ 3 ,000 . 00 grant for engineering services for the expansion of the Danby Fire Station . Beautification Committee Councilperson Varona-Lacey reported that the Beautification Committee has planned to buy trees to place along NYS Rte. 96B and are going to walk the area this week to view where they can plant flower bulbs . Zoning Report : Susan Beeners reported that the Town Board has received the asbestos survey of the Old Town Barns . The CMC Subdivision drainage district draft report has been transmitted to the Board and the Board will need to set a public hearing date for establishing the drainage district. The Camelot Subdivision in West Danby and the Board will be asked to approve the final configuration of that project. She reported that a meeting was held with the Town Supervisor, Representative Proto, Lee I ,1 it t I 5 ® 3 Town Board Minutes April 10, 2006 Shurtlif, and Steve Witcher of Tompkins County at the Supervisor ' s request to discuss the County Telecommunication project. A letter from Chris and Ginny Gartline was received by the group relating to their survey stakes having been moved by seven feet. Executive Session Requested A motion was made by Councilperson Nolte and seconded by Councilperson Beavers at 7 : 05 p .m . that the Town Board of the Town of Danby adjourn to Executive Session to discuss a matter with the Highway Department and possible litigation . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Town Board Meeting Reconvened The Town Board !Meeting Reconvened at 8 : 30 p .m . Motion to Extend the Board Meeting to 9 : 30 p. m. A motion was made by Councilperson Beavers and seconded by Councilperson Nolte that the Town Board of the Town of Danby extend the meeting to 9 : 30 p . m . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Katie Walker asked the Town Board to act on the resolution regarding the Danby Highway Agreement to Spend Funds as a first item on the Agenda. COMMUNICATIONS : Memo from Tanya Jackson regarding Emery Road - referred to 911 for research on duplicate road names . Memo from Chris and Ginny Gartline was referred to Tompkins County. Hillview Road Landfill - Annual Report filed in the Clerk ' s Office . OLD BUSINESS : Salt Storage Facility Project - Retroactive Approval of Grant Application Submission and Commitment of ]Funds RESOLUTION 110. 42 OF 2006 SALT STORAGE FACILITY PROJECT - RETROACTIVE APPROVAL OF GRANT APPLICATION 'SUBMISSION AND COMMITMENT OF FUNDS By Councilpersor Nolte : Seconded by Councilperson Varona-Lacey WHEREAS, thei construction of a Salt Storage Facility at the Town Highway property on Hornbrook Road is identified as a strategy in the Town Comprehensive Plan as a manner for the Town government to improve water quality; and WHEREAS , the Town has applied for several previous N.Y. S . Bond Act grant applications has acquired land, hash conducted groundwater testing, and has conducted other engineering and design development in order to further this strategy; 51 4 Town Board Minutes April 10, 2006 NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby retroactively approves the March, 2006 admission of a new grant application for this project to the N. Y . S . bond Act, prepared by the Code Enforcement Officer on behalf of the Highway Department ; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby expresses its commitment to provide matching funding through such means as taxation, bonding, force account, and other financing, if the grant is awarded, notwithstanding subsequent requirements of project and funding and implementation as required by law. A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Discussion on Roads in Developments Information Councilperson Varona-Lacey requested legal opinion of when roads must be accepted and maintained as town roads in developments . Susan Beeners reported that the Town Attorney is willing to draft up some proposed revisions related to the acceptance and maintenance of town roads . Supervisor Dietrich said that the draft would would be a quick fix and give us the kind of language where we do not have to have a lot of detail in terms of all the different circumstances . It would be stop gap language that would force developers come to the Town Board and come to a conclusion about what will be done on their roads . Acknowledgment to Lynn Bennett and Arch Dotson RESOLUTION NO. 43 OF 2006 ACKNOWLEDGMENT TO THE FAMILIES OF LYNDON BENNETT AND ARCH DOTSON By Councilperson Varona-Lacey: Seconded by Councilperson Beavers RESOLVED, that the Town Board of the Town of Danby authorizes the Town Clerk to send out certified resolutions of acknowledgment to the families ofLyndon Bennett and Arch Dotson for their service to the Town . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 44 OF 2006 APPROVAL OF WORK PLAN FOR 2006 UNDER TOMPKINS COUNTY GENERAL PLANNING SERVICES CONTRACT By Councilperson Nolte : Seconded by Councilperson Salino WHEREAS, the Town of Danby is in the third year of a Contract with Tompkins County for General Planning Services ; and WHEREAS, there is a need for a work plan for 2006 ; and WHEREAS, the Town Board of the Town of Danby has received an updated proposed work plan 52 5 Town Board Minutes April 10, 2006 dated March 30, 2006, and has reviewed it on April 5 , 2006 with the Task Force; now, therefore, it is RESOLVED, that the Town Board of the Town of Danby hereby approves the work plan dated March 30, 2006 showing the work that will be completed by the Tompkins County Planning Department for the Town of Danby as part of the current General Planning Services Contract, and it is further RESOLVED, that the Town Board of the Town of Danby hereby approves the general work being conducted by the Task Force as reviewed in a joint meeting between the Town Board and the Task Force. A roll call vote oil the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Discussion : Susan Beeners said that she has a comment as to whether the Town Board approved the general overview of the work being engaged in by the Task Force this year. She suggested that a further resolved be added to the resolution that the Town Board of the Town of Danby hereby approves the general work being conducted by the Task Force as reviewed in a joint meeting between the Town Board and the Task Force . After discussion the Board approved a Friendly Amendment by adding a further resolved to the resolution No . 44 . Of 2006 . Motion to Approve in Concept the Proposed Round 2 - Bonus Lots Legislation A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves in concept the proposed Round 2 be bonus lots for agricultural land preservation and directs the Task Force to work further on the language. A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 45 OF 2006 PUBLIC HEARING DATE FOR PROPOSED LOCAL LAW ENTITLED "AMENDING THE SUBDIVISION REGULATIONS BY RECLASSIFYING SUBDIVISIONS, MODIFYING PROCEDURES FOR SUBDIVISION APPLICATIONS AND CHANGING REQUIREMENTS, STANDARDS, AND GUIDELINES RELATED TO ENVIRONMENTAL CONSERVATI I N" By Councilpersori Beavers : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby sets a public hearing date of May 8 , 2006 , at 6 : 30 p .m. or a proposed local law entitled : "Amending the Subdivision Regulations by Reclassifying Subdivisions, Modifying Procedures for Subdivision Applications and Changing Requirements, Stndards, and Guidelines Related to Environmental Conservation". A roll call vote on the resolution resulted as follows : 53 6 Town Board Minutes April 10, 2006 Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 47 OF 2006 APPROVAL OF HIGHWAY AGREEMENT TO SPEND TOWN HIGHWAY FUNDS By Councilperson Beavers : Seconded by Councilperson Salino RESOLVED, that the Town Board of the Town of Danby approves of the Danby Highway Departments "Agreement to Spend Town Highway Funds for the fiscal year 2006 , and it is further RESOLVED, that the Town Board of the Town of Danby have signed the "Agreement to Spend Town Highway Funds- 2006 " , and that the agreement will be filed in the Town Clerk ' s Office. Discussion : Councilperson Beavers said that the items on the agreement should be in the order they will be performed. He would like to know the order of what projects will be done first . Councilperson Nolte said that the Board needed a breakdown of the expenditures . Highway Superintendent Thurnheer said that he hoped that all the projects would be done. Fisher Settlement has been graded twice this year and will be done again. Fieldstone Circle will be done after April 15 , 2006 . Others will be completed whenever the materials become available. The Highway Department was directed to provide more paper work with the order of projects by preference and attach project information. A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion - Permission to Dispose of Records A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich the Town Board of the Town of Danby gives permission for the Town Clerk to dispose of vouchers over six(6) years old, Tentative Assessment Rolls over six(6) years old and Final Assessment rolls over ten( 10) years old as suggested in the New York State Archives MU1 Schedule for record retention. A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Approve Special Meeting A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby schedule a Special Meeting for Monday, April 16, 2006 at 6 : 30 p . m . A roll call vote on the motion resulted as follows : n' I ; ; r I ; 1I' II , 54 • 7 Town Board Minutes April 10, 2006 Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich i Aye Carried Unanimously Approval of Supervisor ' s March 2006 Report A motion was made by Councilperson Nolte and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the March 2006 Supervisor' s Report as submitted. A roll call vote on the motion resulted as follows : Beavers I Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried Approval of the Town Clerk' s Report - March 2006 A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Town Clerk ' s Report for March 2006 as submitted . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously APPROVAL OF WARRANTS General Fund Warrant No. 4 of 2006 A motion was made by Councilperson Nolte and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the General Fund Warrant No . 4 of 2006 in the amount of $ 12 ,768 . 59 voucher numbers 127 - 153 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte i Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Department Fund Warrant No. 4 of 2006 A motion was made by Councilperson Salino and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 4 of 2006 in the amount of $ 1 ,616 . 61 voucher numbers 47 - 50 . A roll call vote on the motion resulted as follows : Beavers ! Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously West Danby Walter District Fund Warrant No. 4 of 2006 A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town 55 8 Town Board Minutes April 10, 2006 Board of the Town of Danby approves the West Danby Water District Fund Warrant No . A4 of 2006 in the amount of $ 368 . 13 voucher numbers 14- 16 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Decision From Executive Session Supervisor Dietrich reported that the Town Board in their executive session authorized the Highway Superintendent to explore hiring or getting the Community Dispute Resolution to address issues with Highway personnel . ADJOURNMENT On a motion the meeting adjourned at 9 : 30 P .M . . /al t A ' / f°, Carol W. Sczepanf .', Town Clerk min-4- 10-06 I