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Home My WebLink About2006-10-09 139 Town Board Minutes October 9, 2006 TOWN OF DANBY TOWN BOARD MINUTES OCTOBER 9, 2006 PRESENT : Supervisor Fredric Dietrich Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino, Gladys Varona-Lacey Others Present: Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Roy Casterline - Water District Superintendent Andrew Thumheer - Highway Superintendent Tracy White - Highway Secretary Ted Jones - Bookkeeper David Noteboom - Highway Employee Following a budget workshop at 6 : 30 p .m . Supervisor 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 . Appointment of members to the Tompkins County Council of Governments - Old Business 2 . Proposed "Right to Farm Local Law" 3 . Letter of appreciation to Senator Seward for the grant for the Aquifer Study. 4 . Consider raising Senior Exempt income levels . REPORTS : Highway Report - A written report was distributed Work on roads- ditching, grading, and pothole repair; Trucks #32 and #34 repairs ; Received back payment for FEMA project submission; FEMA inspection - for Brown Road, Heisey Rd . And Steam Mill Rd. Continuing work with Code Enforcement Officer for demolition of old highway barn and the highway garage remediation project . Andrew Thurnheer reported that the highway department is looking into purchasing storage units that can have additional units added to them if necessary. He reported that stabilization work on Brown Road in West Danby is in progress . Supervisor Dietrich said that the scrap at both highway facilities should be combined and disposed of at one time. Zoning Report - The Code Enforcement Officer reported that she had submitted a written report for the month of September. There will be a County Planning Department Meeting here at the Town Hall on November 1 , 2006 on Natural Resources Focus Areas in Tompkins County from 7 : 00 - 8 : 30 P .M . Planning Board Report Susan Beeners reported that the Planning Board has scheduled three (3 ) public hearings in October. The Comprehensive Plan Task Force is working on Flag Lots . Beautification (Revitalization)Committee Report Councilperson Varona-Lacey reported that they have ordered 3 , 000 daffodil bulbs for residents to plant along 96B and in West Danby. Recreation Partnership iI ) ' I Ill ; ' j 1 I III 3 140 2 Town Board Minutes October 9, 2006 The Board received a request for support of continuing County collaboration in the Recreation Partnership . Councilperson Beavers would like to know how many are unduplicated participants not how many participated in each program. Community Council Report Councilperson Varona-Lacey will send the minutes of the last meeting and reported that there will be a concert on November 12 , 2006 here at the Town Hall at 3 : 00 p .m . with Folk Singer, Scott Adams . The concert on October 3 was very well attended with as many as twenty (20) in attendance. Senior Citizen Report The clerk reported she was unable to attend. The meeting was well attended and the entertainment was an impersonation of "Maude" and was enjoyed by all . Dog Control - no report . Fire District Report - to be placed on the top of agendas due to the conflict of their monthly meetings that are held on Mondays . PRIVILEGE OF THE FLOOR Ames Brown said that we have no people who could be served by the controversy that has been raising here in Town. He said if we had a national resolution come up it should be before 10 : 30 in the evening and come in loaded with one side of an argument. The Board should make a better attempt to notify residents, the VFW and the American Legion before considering resolutions concerning the national government. COMMUNICATIONS : 1 ) Cleaning of Town Hall Building - estimate 2) Highway Remediation Project - request for 2007 budget. 3 ) Town of Ithaca Proposed Local Laws - regarding Outdoor Lighting and Solar Collectors and Installations 4) Tompkins County Planning Department Review of the Proposed Right to Farm Local Law . 5) Town Attorney' s Response to Tompkins County Planning Review of Subdivision Regulations . 6) Budget Meeting Workshop Minutes - Sept. 25 and October 2 , 2006 7) Town Board Minutes - September 11 , 2006 . Cleaning Estimate Supervisor Dietrich reported that he would like to see the building cleaned professionally at least three (3) times a year, the windows washed inside and out and the outside of the building pressure washed. He submitted estimates for the requested work. Highway Remediation Project . The bookkeeper reported that the Highway Remediation Project is one that we are going to bond for with payments not due until 2008 . RESOLUTION NO. 88 OF 2006 IN SUPPORT OF THE COUNCIL OF GOVERNMENTS ' GRANT APPLICATION FOR NEW YORK STATE SHARED MUNICIPAL SERVICES PROGRAM - LOCAL HEALTH INSURANCE INCENTIVE AWARD By Councilperson Beavers : Seconded by Councilperson Nolte WHEREAS, the Town of Danby has joined the Tompkins County Council of Governments, and WHEREAS, the Council of Governments has resolved to apply for an incentive award under the New York State Shared Municipal Services Program, and WHEREAS, the grant will assist the municipalities in Tompkins County to create a local health 141 3 Town Board Minutes October 9, 2006 consortium, and WHEREAS , the health care consortium will seek to develop health care coverage for all municipalities with the intent to provide a net savings to the taxpayers of Tompkins County, now therefore be it RESOLVED, on recommendation of the Town Board of the Town of Danby, That the Supervisor is hereby authorized to act on behalf of the Town of Danby to all matters related to the grant, and be it further RESOLVED, That the County of Tompkins shall be designated as the Lead Applicant and that the County Administrator is Authorized to act as the contact person for the grant. 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. 89 OF 2006 SUPPORT OF CONTINUING COUNTY COLLABORATION IN THE RECREATION PARTNERSHIP By Supervisor Dietrich: Seconded by Councilperson Varona-Lacey WHEREAS, the Tompkins County Recreation Partnership is a unique collaboration among 11 Tompkins County municipalities which allows youth from Caroline and other municipalities to participate in recreational programs to meet new friends, learn new skills , and have positive new experiences in well-supervised appropriate activities at an affordable price, and WHEREAS, by collaborating and pooling resources, the Partnership offers a wider and more affordable array of recreational programs than any single local government could offer on its own, according to a cost-sharing formula wherein the Town of Ithaca, City of Ithaca, and Tompkins County each contribute one-quarter, enabling eight smaller municipalities to share the remaining one-quarter, and WHEREAS, the Tompkins county Administrator recently requested the Tompkins County Youth Services Department to describe the impact of withdrawing full County financial support from the Recreation Partnerships, and WHEREAS, withdrawal of County support for the Recreational Partnership would create a funding gap that increased user fees could not fill, and WHEREAS, a partial cut in County funding to the Recreation Partnership contributed to a reduction in the number of Recreation programs from 39 to 30, and WHEREAS, withdrawal of County support for the Recreational Partnership could ultimately jeopardize the existence of the partnership, and WHEREAS, continuing full County support for the Recreation Partnership will encourage intermunicipal cooperation with 10 other municipal partners, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Danby affirms the importance of providing well-supervised recreational programming for youth, and also BE IT RESOLVED, that the Town Board of the Town of Danby strongly encourage the Tompkins County Legislature to continue its support for the Recreation Partnership and also 1I : 1 ) ; £ ; II . . a �. RI a . s 142 4 Town Board Minutes October 9 , 2006 BE IT RESOLVED, that the Town Board of the Town of Danby strongly encourage the Board of the Recreation Partnership to develop funding streams in addition to municipal contributions to reduce the strain on its municipal partners . A roll call vote on the resolution resulted as follows : Beavers Nay Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO 90 OF 2006 AUTHORIATION OF DEMOLITION OF OLD TOWN HIGHWAY BARN, BALD HILL ROAD. By Councilperson Beavers : Seconded by Councilperson Nolte - RESOLVED, that the Town Board of the Town of Danby hereby authorizes the Town Supervisor to contract for the demolition of the Old Town Highway Barn on Bald Hill Road at a cost not to exceed $ 9000, and it is FURTHER RESOLVED, that the Town Board authorizes the transfer of $7 , 000 from Account A1989 .400 - Other Government Support, and the transfer of $2 ,000 from Account A8810 .400 - Cemeteries, to Account A1444 .400 - Old town Barn Project, for use in meeting the expenses of the demolition project. A roll call vote on the resolution resulted as follows : Beavers Ayu Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 91 OF 2006 AUTHORIZATION OF PREPARATION OF DRAFT AMENDMENTS TO LOCAL LAW NO. 3 OF 1984 By Councilperson Beavers : Seconded by Councilperson Salino WHEREAS, the New York State Office of Fire Prevention and control requires that all state municipalities adopt an updated Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and building code, by January, 2007 and WHEREAS, this would require amending the law similarly titled, which is Town of Danby Local Law No . 3 of 1984 . NOW, THEREFORE, IT IS RESOLVED, that the Town board of the Town of Danby hereby authorizes the Town Code Enforcement Officer and Town Attorney to draft such an updated local law. A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Extend Meeting 143 5 Town Board Minutes October 9 , 2006 A motion was made by Councilperson Beavers and seconded by Supervisor Dietrich that the meeting be extended to 8 : 15 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 RESOLUTION NO. 92 OF 2006 AUTHORIZATION OF PREPARATION OF DRAFT REVISIONS TO RESOLUTION NO. 72 OF 1991 By Councilperson Varona-Lacey: Seconded by Councilperson Beavers RESOLVED, that the Town Board of the Town of Danby hereby authorizes the Town Code Enforcement Officer in consultation with the Town Attorney to prepare draft revisions to Resolution No . 72 of 1991 , "Establishing Fees for Building Code, Zoning Ordinance, Subdivision Regulations, and Other Enforcement Activities" . 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. 93 OF 2006 AMENDMENT TO RESOLUTION NO. 84 OF 2006 RESOLUTION TO JOIN THE TOMPKINS COUNTY COUNCIL OF GOVERNMENTS (TCCOG) By Supervisor Dietrich : Seconded by Councilperson Nolte WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents ; and WHEREAS, the Committee has learned that other Counties have created a Council of Governments made up of local governments officials ; and WHEREAS, the Tompkins Counsel of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation on leading to agreements for more efficient, improved, or more cost effective delivery of government services ; and WHEREAS, the Town of Danby desires to be a member of the Tompkins County Council of Governments ; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Danby does hereby approve becoming a member of the Tompkins County Council of Governments . AND BE IT FURTHER RESOLVED, that the Town Board of the Town of Danby appoints Councilperson Beavers as representative on the TCCOG Committee and Tracy White and the Town Supervisor as alternates. A roll call vote on the resolution resulted as follows : I I f � I f I _i : I '.L t . . . 91 144 6 Town Board Minutes October 9 , 2006 Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Thank You to Senator Seward Supervisor Dietrich will meet with the Town Clerk and draft a thank you letter to Senator James Seward. Increased Maximum Income Eligibility Exemption Level for Persons Sixty-five Years of Age or Over The Town of Danby has not revisited the income levels for the maximum income eligibility exemption level for persons sixty-five years of age or over for a number of years . After discussion the Town Board passed the following resolution RESOLUTION NO. 94 OF 2006 INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER By Supervisor Dietrich: Seconded by Councilperson Salino WHEREAS, Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Danby, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 476 based upon the income of the owner or combined incomes of the owners, and WHEREAS, A person otherwise qualifying for such exemption shall not be denied such exemption if such person becomes sixty-five years of age after the appropriate taxable status date and before December 31 of the same year, now be it RESOLVED, that the Town Board of the Town of Danby extend Graduated Income Tax Benefit to Senior Citizens as set forth in the following schedule : ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED OR COMBINED ANNUAL INCOME VALUATION EXEMPT OF OWNERS FROM TAXATION $26,000 or less 50% $26,000 to $26,999 45 % $27 ,000 to $27 ,999 40% $28,000 to $28 ,999 35 % $29 ,000 to $29 , 899 30% $29,900 to $ 30,799 25 % $30, 800 to $31 ,699 20% $31 , 700 to $32, 599 15 % $32,600 to $33 ,499 10% $ 33 ,500 to $34,399 5 % 145 7 Town Board Minutes October 9, 2006 and be it further RESOLVED, that this partial exemption provided by this resolution shall, however, be limited to such property and persons as meet the conditions, qualification, exclusions and limitations set forth in Section 467 of the Real Property Law of the State of New York, and be it further RESOLVED, that application for such exemption must be made by the owner, or all of the owners of the property on forms prescribed by the State Board of Equalization and Assessment of the State of New York (or any successor agency) to be furnished by the appropriate executed in the manner required or prescribed in such forms, and shall be filed in such assessor ' s office on or before the appropriate taxable status date, and be it further RESOLVED, that this resolution supersedes Resolution No . 29 of 2004 . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Proposed Right to Farm Law Susan Beeners reported on the Tompkins County review report and recommended that the provisions related to CAFO ' s until we have time to research how to regulate them. She asked permission from the Board to have the Town Attorney review the language related to discouraging CAFO ' s under Section 1 e. Motion to Approve the Code Enforcement Officer to Send Proposed Right to Farm Local Law to the Town Attorney A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the revision of the Draft Proposed Right to Farm Local Law by removing Section I e (related to CAFO ' s) and sending the draft Proposed Local Law to the Town Attorney for his review. A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously REPORTS Supervisor's September Report - deferred to November Approval of the Town Clerk' s September 2006 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 September 2005 report as submitted. A roll call vote on the motion resulted as follows : Beavers Aye Y Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye . Carried Unanimously 1 i I . . I I ] I I is , 146 • 8 Town Board Minutes October 9, 2006 APPROVAL OF WARRANTS General Fund Warrant No. 10 of 2006 A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby approves General Fund Warrant No . 10 of 2006 in the amount of $26, 564 . 46 voucher numbers 404-438 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Fund Warrant No. 10 of 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 Highway Department Fund Warrant No . 10 of 2006 in the amount of $48 ,668 . 02 voucher numbers 128- 140 . 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 Water Department Warrant No. 10 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 West Danby Water District Fund Warrant No . 10 of 2006 in the amount of $694 . 72 voucher numbers 48- 53 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 8 : 25 p .m. (0. 'A,104A/Cd Carol W . Scze p Town Clerk min- 10-9-06