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HomeMy WebLinkAbout2007-02-12 173 1 Town Board Public Hearing Minutes Proposed Local Law No . 2 of 2007 February 12 , 2007 TOWN OF DANBY PUBLIC HEARING MINUTES PROPOSED LOCAL LAW # 1 OF 2007 FEBRUARY 12, 2007 PRESENT : Supervisor Fredric Dietrich Councilpersons : Eugene Beavers , Norbert Nolte, Joseph Salino ABSENT : Councilperson Gladys Varona-Lacey(excused) Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Carl Seamon - Deputy Highway Superintendent Ted Jones - Bookkeeper Members of the Public : Anne Klingensmith, Al Becker, Ames Brown, Ramona Ehrhardt, George Blanchard, Ronda Roaring, Dan Klein, Joe Husband, Leslie Conner Supervisor Dietrich led all present to the Pledge of Allegiance to the American flag. Public Hearing Declared Open Supervisor Dietrich declared the public hearing open at 7 : 35 p .m. and read the following Notice of Publication: " PLEASE TAKE NOTICE that the Town Board of the Town of Danby will hold a public hearing at 1830 Danby Road, Ithaca, New York, on February 12 , 2007, at 6 : 40 p . m. to hear all comments of interested persons relating to a proposed amendment to the Zoning Ordinance of the Town of Danby, as adopted by the Town Board of the Town of Danby on December 11 , 1991 , and subsequently amended through May 11 , 2005 . This amendment to the Zoning Ordinance provides that the terms of the Zoning Ordinance shall be enforced by the Code Enforcement Officer as specified in the Town of Danby Local Law entitled "A Local Law Amending Local Law No . 3 of 1984, Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code (the Amended Code Enforcement Law) . This amendment to the Zoning Ordinance also refers to the Amended Code Enforcement Law for the definitions of and rules related to Building Permits, Certificates of Occupancy, Temporary Certificates , Certificates of Compliance, and Operating Permits . Furthermore, this amendment to the Zoning Ordinance would establish minimum training requirements for members ofthe Zoning Board of Appeals , which requirements comply with a newly enacted amendment to New York State Law in this area. The amendment to the Zoning Ordinance would also establish the requirements, including training requirements and appointment procedures, for all members the Town Planning Board, as well as the purpose, powers and duties of such Planning Board. This amendment enumerates the responsibilities of the Planning Board including hearing and determining site plan approval requests, special permit requests, subdivision applications, and such other matters as may be referred to the Planning Board under the Zoning Ordinance or otherwise. The full text of this proposed amendment to the Zoning Ordinance of the Town of Danby is on file in the Office of the Clerk of the Town of Danby, located at 1830 Danby Road and is available for review by all members on the public , Tuesday through Friday between the hours of 9 : 00 a.m. and 4 : 00 p .m . , Saturday 9 : 00 a. m . to Noon. By order of the Town Board Carol W. Sczepanski , Town Clerk" F I I 1 it 1 : 174 = : 2 Town Board Public Hearing Minutes Proposed Local Law No . 2 of 2007 February 12 , 2007 Communications : Affidavit of Publication Affidavit of Posting This proposed local law are administration issues . They are laws that were implemented at the State level and are being passed down to the local level to implement . The changes are administrative . Comments From Public Ramona Ehrhardt asked what the changes were in the law . Susan Beeners gave a brief description. George Blanchard - Sounds like it will add additional burden to Code Enforcement Office and asked the effect it would have on Planning Board or BZA. Susan Beeners said it had nothing to do with the Planning Board or the BZA. Public Hearing Declared Closed Supervisor Dietrich declared the public hearing closed at 6 : 42 p .m . Carol W. Sc �ki, Town Clerk phm-11- 1 -07 I 175 ,} Town Board Public Hearing Minutes Proposed Local Law No . 2 of 2007 TOWN OF DANBY PUBLIC HEARING MINUTES PROPOSED LOCAL LAW #2 OF 2007 FEBRUARY 12 , 2007 PRESENT : Supervisor Fredric Dietrich Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino ABSENT : Councilperson Gladys Varona-Lacey(excused) Others Present: Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Carl Seamon - Deputy Highway Superintendent Ted Jones - Bookkeeper Members of the Public : Anne Klingensmith, Al Becker, Ames Brown, Ramona Ehrhardt, George Blanchard, Ronda Roaring, Dan Klein, Joe Husband, Leslie Conner Public Hearing Declared Open Supervisor Dietrich declared the public hearing open at 6 : 42 p .m. and read the following Notice of Publication : "PLEASE TAKE NOTICE that the Town Board of the Town of Danby will hold a public hearing at 1830 Danby Road, Ithaca, New York, on February 12 , 2007 , at 6 : 40 p .m. to hear all comments of interested persons relating to a proposed amendment to the Zoning Ordinance of the Town of Danby, as adopted by the Town Board of the Town of Danby on December 11 , 1991 , and subsequently amended through May 11 , 2005 . This amendment to the Zoning Ordinance provides that the terms of the Zoning Ordinance shall be enforced by the Code Enforcement Officer as specified in the Town of Danby Local Law entitled "A Local Law Amending Local Law No . 3 of 1984, Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code (the Amended Code Enforcement Law) . This amendment to the Zoning Ordinance also refers to the Amended Code Enforcement Law for the definitions of and rules related to Building Permits, Certificates of Occupancy, Temporary Certificates, Certificates of Compliance, and Operating Permits . Furthermore, this amendment to the Zoning Ordinance would establish minimum training requirements for members of the Zoning Board of Appeals, which requirements comply with a newly enacted amendment to New York State Law in this area. The amendment to the Zoning Ordinance would also establish the requirements , including training requirements and appointment procedures, for all members the Town Planning Board, as well as the purpose, powers and duties of such Planning Board . This amendment enumerates the responsibilities of the Planning Board including hearing and determining site plan approval requests, special permit requests, subdivision applications, and such other matters as may be referred to the Planning Board under the Zoning Ordinance or otherwise . The full text of this proposed amendment to the Zoning Ordinance of the Town of Danby is on file in the Office of the Clerk of the Town of Danby, located at 1830 Danby Road and is available for review by all members on the public , Tuesday through Friday between the hours of 9 : 00 a.m. and 4 : 00 p . m. , Saturday 9 : 00 a.m . to Noon . By order of the Town Board Carol W. Sczepanski, Town Clerk" Communications : Affidavit of Publication Affidavit of Posting G ■ . . , . il I " 176 2 Town Board Public Hearing Minutes Proposed Local Law No . 2 of 2007 Planning Department Review - 239 1 & m Members of the Public Members of the public present asked questions related to the alternates to be appointed for the Planning Board and training required. (Unidentified) r ; Supervisor Dietrich said that the Town Board would be looking at the best candidates for alternates . Public Hearing Declared Closed Supervisor Dietrich declared the public hearing closed at 6 : 55 p .m . atetta42 „in , Carol W . Sczep s i , Town Clerk { 177 • 1 TOWN OF DANBY TOWN BOARD MINUTES FEBRUARY 12 , 2007 PRESENT : Supervisor Fredric Dietrich Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino ABSENT : Councilperson Gladys Varona-Lacey(excused) Arrived at 6 : 40 p .m . Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Carl Seamon - Deputy Highway Superintendent Members of the Public : Anne Klingensmith, Al Becker, Ames Brown, Ramona Ehrhardt, George Blanchard, Ronda Roaring, Dan Klein, Joe Husband, Leslie Conner Supervisor Dietrich called the meeting to order at 6 : 55 p .m. ADDITIONS TO THE AGENDA - Councilperson Varona-Lacey asked that discussion on a possible resolution to rescind the resolution that disbanded the Task Force be added to the agenda. - Councilperson Beavers asked for a word change in the resolution creating a hamlet committee and asked that the word simultaneous be deleated - added to the agenda. and the creation of a hamlet committee . No Board Member objected . Members of the Public Ramona Ehrhardt - spoke as a member of the Comprehensive Plan Task Force and asked the board to reinstate thei committee. Anne Klingensmith - spoke as a member of the Comprehensive Plan Task Force and asked that the board reinstate the committee . Ronda Roaring - not satisfied with the Town Web site - does not read legals to get information of public hearings and were items are posted . Dan Klein - asked that the board reinstate the Task Force committee. George Blanchard - thanked the board for having the courage to discontinue the Task Force . He participated for over a year. REPORTS : County Representative - no report EMC - no report Highway - Carl Seamon gave the January 2007 highway department report . The highway department has purchased two(2) storage containers . Zoning - Sue Beeners distributed to the board an amendment to the January work list she sent to the town board and an update on the subdivision regulations . An article has been sent to the Danby Area News , for posting on the website and to Joel Gagnon. She reported that she has an intern that is very good in GIS and is going to help with hamlet planning. Recreation Partnership - moving along. 1 I J } is i i, ; 178 2 Town Board Minutes February 12 , 2007 Community Council - have vouchers for 2006 funds but have not submitted an agreement for 2007 funding. Dan Klein reported that at the January meeting they amended their bi-laws to include a member from West Danby. Senior Citizens - Met on February 1 , 2007 for their luncheon and had a very lively meeting and have planed four(4) trips and are in the process of scheduling guest speakers and entertainment for the remainder of the year. f Fire District - No report. Communications Certified Resolutions from the Planning Board 1 Resolution thanking the Comprehensive Plan Implementation Task Force for their hard work 2 . Resolution to the Town Board - recommending that the Planning Board act as the advisory board for the hamlet planning process . OLD BUSINESS Discussion Possible Resolution to Rescind Resolution Discontinuing Comprehensive Plan Implementation Task Force and the Creation of Hamlet Advisory Committee(Resolutions 23 and 24 of 2007) RESOLUTION NO. 26 OF 2007 RESOLUTION TO RESCIND RESOLUTION NO. 24 OF 2007 DISCONTINUING COMPREHENSIVE PLAN IMPLEMENTATION TASK FORCE By Councilperson Nolte : Seconded by Councilperson Varona-Lacey RESOLVED, that the Town Board of the Town of Danby rescinds Resolution No . 24 of 2007 entitled "DISCONTINUING COMPREHENSIVE PLAN TASK FORCE" Discussion : Councilperson Varona-Lacey attended the last Task Force meeting and the entire committee voted in favor bringing back to the board a petition to rescind the resolution and were not comfortable with the way the process took place. She said voted to discontinue the Task Force believing that they knew that their job was coming to an end. Councilperson Salino - stands by the decision made last month. Councilperson Beavers - there was no intention to hurt anybody' s feelings but an idea of using resources in a more productive way. By disbanding the Task Force does not mean that it couldn ' t be reinstated at a later date and he thinks hamlet planning should be done while we have the resources of our intern. Councilperson Nolte said that he thinks the Task Force has done a lot of work. With all the work funneled through the Code Enforcement office it does not leave time for more staff support and does not make sense to rescind the resolution. Supervisor Dietrich said that everybody' s intent was in the right place . Procedure wise is the concern about the way we discontinued the Task Force . His interpretation from Planning Board and Task Force members is that the Town Board gave direction to the Task Force for a years worth of activities and thought that we would sit down and draft a plan for the next year. Hamlet Planning - He agrees we need to do hamlet planning and have a hamlet in West Danby with an aging water system. The Town has inadequate lighting, sidewalks , commercial zones, and inadequate infrastructure . He said he needs to have a better understanding of whether West Danby is the place to start or Danby. He asked the Board to take a step back and rescind these two(2) resolutions and try to meet with a 179 3 Town Board Minutes February 12 , 2007 joint group of the Planning Board and Task Force on March 5 to discuss these issues . Councilperson Varona-Lacey said that she would like to see rescinding the resolution and having the Task Force continue. Then maybe in two or three months the board could have a discussion. Councilperson Beavers said that if we rescind this resolution it does not reinstate the Task Force . We actually have to propose a resolution to recreate the Task Force . Supervisor Dietrich said that the Task Force will be reconstituted . At present it requires staff support from the Town Clerk and Zoning Officer. The committee It could be reconstituted without them without them and could keep internal notes . Motion to Table Board Discussion on Resolution No. 26 of 2007 To Rescind Resolution no. 24 of 2007(Discontinuing Comprehensive Plan Implementation Task Force) A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Nolte that the Town Board of the Town of Danby table discussion on Resolution No . 26 of 2007 to hear comments from the public . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Comments From the Public Ronda Roaring - (Member of the Task Force) She feels that there a lot of issues that they need to finish. She never had the impression that they were finished. Ramona - Ehrhardt - thought that the Task Force was moving forward and that it is a good idea to keep the Task Force going. She thinks that a joint meeting of the boards is a good idea. Ann Klingensmith - (Member of the Task Force) knew we were almost through with some of the tasks and wanted to see that their work moved through the process . She feels that the Task Force has been constructive. Joe Husband - We (the residents) are going to be here to support whatever the boards decide . Whether you have a hamlet or a Task Force we need to start focusing on getting people into the town. He asked the board to put some direction into planning and who is going to work on it. Motion to Rescind Resolution 24 of 2007 Raised From the Table A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby raise the tabled Resolution no . 26 of 2007 for a vote . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously VOTE FOR RESOLUTION NO. 26 OF 2007 RESOLUTION TO RESCIND RESOLUTION NO. 24 OF 2007 DISCONTINUING COMPREHENSIVE PLAN IMPLEMENTATION TASK FORCE By Councilperson Nolte : Seconded by Councilperson Varona-Lacey A roll call vote on the resolution resulted as follows : ) I I H � 1 I I Z 180 4 Town Board Minutes February 12 , 2007 Beavers Nay Nolte Nay Salino . Nay Varona-Lacey Aye Dietrich Aye Resolution Failed Discussion on Resolution No. 23 of 2007 Creation of Hamlet Advisory Committee Supervisor Dietrich asked the board to consider rescinding Resolution No . 23 of 2007 - Creation of a Hamlet Advisory Committee. Which hamlet area would be done first? Councilperson Beavers said that this resolution is to try to get people from both the hamlet areas and will involve subcommittees . Councilperson Varona-Lacey was not comfortable with how the committee is structured. There should have been wider conservation on how to form the committee . Susan Beeners said that after the board has established its agenda or a work plan for this year the idea was to look for funding or other assistance to carry on a multi-year project . We do not want to work too fast on things like land use in the hamlets . Councilperson Nolte would like this resolution to stand as is and have our joint meting. Councilperson Beavers would like to let this stand and start the process of advertising for committee members . Councilperson Varona-Lacey would like to let this stand until we have our joint meeting. She would not like to vote now . Motion to Table Discussion on Resolution No. 23 of 2007 A motion was made by Councilperson Varona-Lacey and seconded by Supervisor Dietrich that the Town Board of the Town of Danby table discussion on Resolution No . 23 of 2007 . 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 Extend Meeting A motion was made by Councilperson Beavers and seconded by Councilperson Varona-Lacey at 8 : 30 p .m . , that the Town Board of the Town of Danby extend the meeting for twenty(20) minutes . A roll call vote on the motion resulted as follows : I Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously 181 5 Town Board Minutes February 12, 2007 NEW BUSINESS Consideration of Proposed Local Laws Proposed Local Law No. 1 OF 2007 RESOLUTION NO 27 OF 2007 ADOPTION OF LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 1984, PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE By Councilperson Nolte : Seconded by Councilperson Beavers WHEREAS, this action is to Consider Enactment of a Local Law Amending Local Law No . 3 of 1984, Providing for the Administration and Enforcement of the New York State Uniform fire Prevention and Building Code; and WHEREAS, this is a SEQRA Type II action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review, and for which no further environmental review is required; and WHEREAS, the Town Board of the Town of Danby on February 12 , 2007 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal ; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Danby adopts Local Law Number 1 of 2007 , entitled "A Local Law Amending Local Law No . 3 of 1984 , Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code", 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 sail 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 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 : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Consideration of Proposed Local Law No. 2 of 2007 RESOLUTION NO. 28 OF 2007 ADOPTION OF A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF DANBY RELATED TO PERMITS TO BUILD, BOARD OF APPEALS, AND PLANNING BOARD By Supervisor Dietrich: Seconded by Councilperson Beavers WHEREAS, this action is to Consider Enactment of a Local Law Amending the Zoning Ordinance of the Town of Danby Related to Permits to Build, Board of Appeals, and Planning Board ; and WHEREAS, this is a SEQRA Type H action for which the Town Board of the Town of Danby is acting a Lead Agency in environmental review, and for which no further environmental review is required; and WHEREAS, the proposed local law was referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-land m; and that Department responded on December 21 , 2006 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 � 1 1 I i I 1 .. ; 182 6 Town Board Minutes February 12 , 2007 a report thereon, and said Board on January 18 , 2007 recommended to the Town Board that the proposed amendments be approved ; and WHEREAS, the Town Board of the Town of Danby on February 12 , 2007 has held a public hearing to hear all interested parties in the matter, which hearing was duly advertised in the Ithaca Journal ; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby adopts Local Law Number 2 of 2007 , entitled "A Local Law Amending the Zoning Ordinance of the Town of Danby related to Permits to Build, Board of Appeals, and Planning Board", 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 : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Danby Senior Citizen ' s Agreement for 2007 A motion was made by Councilperson Nolte and seconded by Councilperson Salino that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the Danby Senior Citizens Agreement for 2007 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Remediation Project RESOLUTION NO. 29 OF 2007 HIGHWAY REMEDIATION PROJECT - AUTHORIZE FURTHER ENGINEER CONSULTATION By Councilperson Nolte : Seconded by Councilperson Salino RESOLVED, that the Town Board of the Town of Danby authorizes further consultation from David Herrick, P .E . , T . G. Miller Engineers and Surveyors , related to and funded from the Highway Remediation Project Account, for the following : 1 . Cost-benefit analysis of separate sanitary wastewater system. 2 . Design and location of a wash area. 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 2007 TOWN BOARD s.b. 3/20/07 PROPOSED RESOLUTION NO. _ OF APRIL 9, 2007 CONSIDERATION OF A SEQRA DETERMINATION OF SIGNIFICANCE, PROPOSED "WHITE HAWK ECOVILLAGE" WHEREAS, this action is to Consider a SEQRA Determination of Environmental Significance with respect to approval of the General Site Plans, and Establishment of a Planned Development Zone, for "White Hawk Ecovillage", proposed to be located on the west side of Danby Road on Tax Parcels 7 .-1 -68 and 7.- 1 -69. 1 ; with the project proposed to consist of 30 dwelling units, a common house, and accessory structures; Henry Peterson, property owner/applicant; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby is Lead Agency in environmental review, with the Planning Board an involved agency in making recommendation to the Town Board, and with other involved or potentially involved agencies having been notified of this action, including the Tompkins County Department of Planning, the New York State Department of Environmental Conservation, the New York State Department of Transportation, and the United States Army Corps of Engineers; and WHEREAS, the Town Board has reviewed the SEQRA Long Environmental Assessment Form and the recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made for this action; and WHEREAS, the Planning Board by Resolution No. 4 of 2007 on February 15, 2007 recommended to the Town Board that a negative determination of environmental significance be made for this action; 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. Resolution # Authorizing the Town Highway Superintendent to Purchase a New Town Dump Truck. Whereas, the Town Superintendent of Highways did, on the day on June 11, 2007, duly recommend the purchase on certain equipment pursuant to the provision of Section 142 of the Highway Law . Now, Therefore Be It Resolved, that the Town Superintendent of Highways is authorized to purchase/bid out, in accordance with the provision of Article 5 -A of the General Municipal Law, the following : 1st BID 2007/2008 - Chassis , frame , and equipment as written in the specifications provided by the Town Highway Superintendent . 2nd BID 2007/2008 - Stainless steel dump body and snow equipment to include spreader, plow and wing, as written in the specifications provided by the Town Highway Superintendent. 183 7 Town Board Minutes February 12, 2007 Nelson Road Barn Encroachment RESOLUTION NO. 30 OF 2007 PRELIMINARY DETERMINATION AND SCHEDULING OF PUBLIC HEARING FOR THE NELSON ROAD BARN ENCROACHMENT By Supervisor Dietrich : Seconded by Councilperson Nolte WHEREAS, a request has been received dated January 31 , 2007 by Charles Guttman, Attorney for Waldorf School of the Finger Lakes, specifically requesting Town Board authorization, pursuant to Town Law 130 (7) (f), to maintain an encroachment, by a Barn, of between 1 . 97 and 1 . 79 feet into the 3 -rod right of way of Nelson Road; with such barn located on the north side of Nelson Road on Tax Parcel 2 . 4 - 17 . 32 ; and WHEREAS, this is a Type II action requiring no further environmental review ; and WHEREAS, the Town of Danby Deputy Highway Superintendent has recommended on February 12 , 2007 that the encroachment can continue to be maintained ; and now, therefore, it is RESOLVED, that the Town Board of the Town of Danby has preliminarily determined that the granting of the request would not adversely impact upon the users of the road; and it is further RESOLVED, that the Town Board schedules a Public Hearing for 6 : 30 p . m . on March 12 , 2007 to consider a request for Town Board authorization, pursuant to Town Law 130 (7) (f) , to maintain an encroachment, by a Barn, of between 1 . 97 and 1 . 79 feet into the 3 -rod right of way of Nelson Road, with such barn located on the north side of Nelson Road on Tax Parcel 2 .- 1 - 17 . 32 . A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Emergency Telecommunications Protection Law Supervisor Dietrich explained that this is trying to support the E-911 Cell Towers above fifty(50) feet . The communication received is requesting that the Town pass a law so that we have some leverage of being able to put up any structure that might interfere with their signals and transmissions . Susan Beeners said that the Town has legislation regulating structures in excess of thirty-six feet. RESOLUTION NO. 31 OF 2007 CREATION OF POSITION OF PLANNING INTERN By Supervisor Dietrich: Seconded by Councilperson Salino RESOLVED, that the Town Board of the Town of Danby hereby creates the position of Planning Intern, which shall be a full-time position. A roll call vote on the resolution resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously APPROVAL OF SUPERVISOR' S JANUARY 2007 REPORT A motion was made by Councilperson Beavers and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Supervisor ' s January 2007 report as submitted. • I I I . 8 Town Board Minutes February 12 , 2007 A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye S alino Aye V arona-Lacey Aye Carried APPROVAL OF TOWN CLERK' S JANUARY 2007 REPORT A motion was made by Councilperson Nolte and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the Town Clerk ' s January 2007 report 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 Highway Fund Warrant No. 2 of 2007 A motion was made by Councilperson Beavers and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 2 of 2007 in the amount of $29,048 . 04 vouchers 4- 19 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye • Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously General Fund Warrant No. 2 of 2007 A motion was made by Councilperson Beavers and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the General Fund Warrant No . 2 of 2007 in the amount of 39 , 567/90 vouchers 22-89 . 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 District Fund Warrant No. 2 of 2007 A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 2 of 2007 in the amount of $ 546 . 24 vouchers 2- 5 . A roll call vote on the motion resulted as follows : Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously 185 9 Town Board Minutes February 12 , 2007 ADJOURNMENT : On a motion the meeting adjourned at 8 : 45 p .m. Jaffa"' \ ‘ 9,CA61). min-2- 12-07 Carol W. Scze p anski, Thvin Clerk !. G r