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HomeMy WebLinkAbout1993-06-14 Qt ' i TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . June 14 , 1993 PRESENT : S upervisor Oltz Councilpersons : Hile , Marisa , Miller , Schwartz Others Present : Town Clerk - Carol Sczepanski Code Enforcement Officer - Susan Beeners H ighway Superintendent - William Hall County Representative - Frank Proto P lanning Board Chair - Nancy Weitzel Members of the Public : J oel Gagnon , Mary Ann Kozak , Mary Lou Hardesty , Rosa Lee Johnson , E dw . M . Roberts Supervisor Oltz called the meeting to order at 8 : 00 P . M . and led all present to the Pledge of Allegiance to the American flag . Approval of May 10 , 1993 Town Board Minutes : A motion was made by Councilperson Marisa and seconded by Councilperson Schwartz to approve the May 10 , 1993 Town Board Minutes as published . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously PRIVILEGE OF THE FLOOR : Councilperson Schwartz reported that he has completed a report related to the possible development of a Youth Commission for Town youth programs . The contact person for information is Councilperson Gail Miller . County Representative Report : Representative Proto reported on the following : 1 ) Youth Services - - the Town will receive $ 4 , 800 . 00 additional funds for 1992 youth services from Tompkins County . 2 ) Health Committee - Tompkins County Board of Health sub - committee has finished reviewing Part 75A ( Amendment to the NYS Septic and Sanitary Codes ) . They are reviewing a new handbook that addresses the new codes . 3 ) Sales Tax - The Board endorsed a resolution to retain the increased sales tax for two more ( 2 ) years . 4 ) Community Mental Health Resources Bill - NYS is closing mental institutions . Residents are being released into communities but not reimbursing counties the actual expense of maintaining services to these people . 5 ) Solid Waste Collection Services as a Public Works Operations Bill Mobbs , Commissioner of Public Works , has submitted a report to the County regarding solid waste collection services in municipalities . A copy of the report to the Solid Waste & Resource Management Committee is on file . Discussion followed regarding the high cost of curbside recycling pickup in the low density areas such as Danby . Many Danby residents prefer to use the recycling center . a 4 / 2 Town Board Minutes June 14 , 1993 6 ) Records Retention Grants ( SARA ) - Grants will be awarded in July . 7 ) County Comprehensive Plan - Representative Proto has a copy of the template for the Tompkins County Comprehensive Plan . The 1 planning process is expected to be over a three ( 3 ) to four ( 4 ) year period . A copy of the plan can be obtained from Joan Jurkowich at Tompkins County Planning . COMMUNICATIONS : 1 ) Code Enforcement Officer ' s May 1993 Report 2 ) Dog Control Officer ' s May 1993 Report 3 ) County Resolution # 145 - Refund of Election Expenses Payment 4 ) EMC - May 1993 Report from Dan Decker Other Reports : EMC - Report Response Councilperson Marisa said that Mr . Decker requested a response from t he Town Board regarding interest in services that a Soil and Water Conservation technician might provide . He said that there are items listed in the information that a Soil and Water technician could provide to the Town but does not think Tompkins County needs a staffed Soil and Water Conservation District office . D iscussion followed regarding information that is available through many New York State and Federal organizations . The Board asked Supervisor Oltz to respond to our EMC Representative , Dan Decker , emphasizing the Board ' s strong opposition for a Soil and Water technician ( district office ) for 1 Tompkins County as it is a duplication of services available . Code Enforcement Officer Susan Beeners agreed to attend the Water Quality Committee meetings . Community Council Report - No report received . H ighway Report : H ighway Superintendent reported that the gradal has been repaired . The Highway Department is working on road repairs . S enior Citizens Report : E dw . M . Roberts reported that the Senior Citizens will be taking a t rip to a theater in Auburn on June 30 , 1993 . Code Enforcement Officer Report S usan Beeners reported that she has completed the Building Codes Certification classes . P lanning Board Report : Chairperson Weitzel reported that the Planning Board held two ( 2 ) public hearings in May : 1 ) Bristol / Mayo request for subdivision and special permit ; and 2 ) Dobson request for special permit for a pole barn type structure . They are continuing review of Fieldstone Circle reaffirmation materials . The Planning Board held a special working session to review possible amendments to the zoning ordinance on June 7 , 1993 . S olid Waste Advisory Committee : J oel Gagnon reported that there is not much activity at the Solid Waste Advisory Committee level . Most of the work is happening at the ( SWAG ) advisory group level . He has been appointed to a group that addresses illegal dumping problems in Tompkins County . D iscussion followed : Councilperson Schwartz said that since the termination of the position at the Sheriffs Department of an officer to investigate a / a 3 Town Board Minutes June 14 , 1993 illegal dumping , there appears to be nothing ( investigations or prosecutions ) done in the area of violations . Trash that is unidentified must be disposed of at the landowner ' s expense . Councilperson Marisa said that even the Boy Scouts can no longer pick up roadside trash because they must pay the landfill fee to dispose of it . He suggested that the County pay the cost ( or d istribute tags ) for landowners to dispose of trash that has been illegally dumped on their property and the violator unidentified . OLD BUSINESS : Possible Youth Commission Update : Councilperson Schwartz reported that Nancy Zahler and Janice J ohnson attended the Town Board Agenda Meeting to discuss the possible creation of a youth commission for danby youth programs . The Board is considering a volunteer youth commission to plan and implement all youth programs for the Town . The complexity of youth programs is growing and the Board feels there needs to be more people involved in the planning of programs . Councilperson Miller said that the Board will take into consideration the comments received at the Agenda meeting before a final decision is made . NEW BUSINESS RESOLUTION NO . 28 OF 1993 ADOPTION OF AN ADMINISTRATIVE POLICY REGARDING A DRUG- FREE WORKPLACE B y Councilperson Schwartz : Seconded by Councilperson Miller WHEREAS , the Federal Drug - Free Workplace Act of 1988 , 44 CFR Part 17 , Subpart F , requires that agencies receiving Federal funding adopt policies for , and maintain , a drug - free workplace , and WHEREAS , the Town of Danby Town Board acknowledges that a workplace with drugs ( including alcohol ) is dangerous for user and non - user alike , now be it RESOLVED , that the Town of Danby Town Board hereby adopts the procedures and policy described herein : " TOWN OF DANBY ADMINISTRATIVE POLICY REGARDING A DRUG - FREE WORKPLACE POLICY AND PROCEDURE : The Town of Danby Town Board acknowledges that a workplace with d rugs ( including alcohol ) is dangerous for user and non - user alike . The Town of Danby prohibits the use of alcohol and the illegal possession or use , including manufacture , distribution , or d ispensing , of a controlled substance or illegal drug in any Town of Danby workplace . As a condition of employment , each Town of D anby employee is required to abide by the conditions contained in t his policy . CONDITIONS OF EMPLOYMENT : 1 . Each employee is required to notify the Town Supervisor in writing of his or her conviction for a violation of a criminal drug statute , or any conviction or infraction involving the illegal use of drugs , controlled substances , or alcohol in the workplace , no later than five ( 5 ) calendar days after such conviction . 2 . In the case of a conviction for a violation of a criminal drug statute , and when a Federal grant is involved in the work performed , the Town will notify the grant agency within ten ( 10 ) calendar days after the Town receives notice of conviction . Such notice to the grant agency will include the position title of the employee and the federal identification number of the Town . 213 4 Town Board Minutes June 14 , 1993 3 . Within 30 days after receiv14% notice of a workplace drug or alcohol abuse conviction or i4Traction , the Town of Danby Town Board will take appropriate disciplinary action , which may include but is not limited to : a . requiring the employee to participate in a substance abuse or rehabilitation ro ram approved g pproved by the employer ; b . suspension subject to applicable statutory proceedings ; c . termination subject to applicable statutory proceedings ; or d . any other disciplinary action or combination as determined appropriate . 4 . The Town will make available to each employee appropriate basic educational material related to substance abuse , and a list of local community service organizations which can provide assistance to substance abusers . 5 . The Town encourages any employee who suspects he or she has a substance abuse problem , or who is having difficulty solving a substance abuse problem , to arrange for a private , completely confidential session with the Town Supervisor . Referrals to local service organizations and counseling programs , and information on services which may be payable by Town health insurance providers , will be made available as appropriate by the Town . 6 . This policy is specifically applicable in the application for , awarding of , and conducting of processes associated with federal grant awards . This policy is generally applicable to all job - related duties and work sites associated with Town of Danby employment . Further details may be obtained from the Town Supervisor , " and be it further RESOLVED , that the Town Board hereby directs the Town Supervisor to transmit said policy , along with appropriate educational material , to all Town of Danby employees . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 29 OF 1993 SUPPORT TO CHESTER AND BLOOMING GROVE FOR AN AMENDMENT TO SECTION 44 OF THE SOCIAL SERVICES LAW BY ADDING A NEW SUBDIVISION TO 5 - a By Councilperson Miller : Second by Councilperson Hile WHEREAS , the City of New York operates a facility for homeless people in the Town of Chester , NY , and WHEREAS , the Towns of Chester and Blooming Grove have and are experiencing difficulties with individuals who reside at that facility causing public safety and health concerns , and WHEREAS , the Towns of Chester and Blooming Grove have ascertained to their satisfaction that a certain number of the residents of the facility are the subject of outstanding criminal warrants , and WHEREAS , the screening of criminal records for outstanding warrants , etc . is performed by the City of New York prior to placing the residents at this facility , and 214 5 Town Board Minutes June 14 , 1993 WHEREAS , the Towns of Chester and Blooming Grove have requested the h elp of other municipalities in the state to help insure passage of legislation designed to require criminal record checks prior to admission to this non - secure residential facility ( 52150 and A2526 ) , now therefore be it RESOLVED , that the Town of Danby supports the Towns of Chester and B looming Grove in their desire to have the above bills enacted into law , and be it further RESOLVED , that a copy of this resolution be sent to the State Senator and State Assemblyman representing the Town of Danby , with our request to support said bill ( s ) , and be it further RESOLVED , that a copy of this Resolution be sent to the Town S upervisor of the Town of Chester . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 30 OF 1993 AWARD OF SUBBASE GRAVEL BID B y Supervisor Oltz : Seconded by Councilperson Miller WHEREAS , the Town of Danby advertised on May 26 , 1993 requesting " Sealed Bids for SUBBASE GRAVEL " , and WHEREAS , the Town of Danby publicly opened the " Sealed Bids for SUBBASE GRAVEL " at a meeting of the Town Board on June 9 , 1993 at 7 : 30 P . M . , and WHEREAS , the bids received were found to be complete and were ✓ eviewed by the Town Board and Highway Superintendent , and WHEREAS , the Town of Danby Town Board Highway Superintendent ✓ ecommended to the Town Board the bid submitted by John Rodgers from University Sand and Gravel , Inc . for its preferred quality as d etermined by the Grain Size Distribution Test Report ( material t est ) , now be it RESOLVED , that the Town of Danby Town Board award the bid for the purchasing of " SUBBASE GRAVEL " for the Town Highway Department to U niversity Sand and Gravel , Inc . A roll call vote on the resolution resulted as follows : B ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously West Danby Ball Park S upervisor Oltz reported that the owners of the land in West Danby t hat the Town leases for the West Danby Ball Park are in bankruptcy proceedings . We have been advised by an attorney that if the Town w ants to continue the use of this land we should make a purchase o ffer . Inquires with West Danby residents who were involved with t he use of the ball field has indicated that the this ball park is ✓ arely used . There have been very few requests to use the field since 1980 but funds are available for mowing and maintenance of t he field . 215 6 Town Board Minutes June 14 , 1993 Discussion followed regarding the use of the ball field . Refund of Election Expense Payments Supervisor Oltz reported that the County has passed a resolution ( Tompkins County No . 145 ) to refund election expense payments made by municipalities . The Town has not received their refund at this time . Approval of Warrants Approval of General Fund Warrant No . 6 of 1993 A motion was made by Councilperson Schwartz and seconded by Councilperson Marisa to approve the General Fund Warrant No . 6 of 1993 , voucher numbers 193 - 231 , in the amount of $ 4 , 323 . 38 . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye Oltz Aye Carried Unanimously Approval of Highway Fund Warrant No . 6 of 1993 A motion was made by Councilperson Miller and seconded by Councilperson Marisa to approve the Highway Fund Warrant No . 6 of 1993 , voucher numbers 62 - 80 , in the amount of $ 21 , 394 . 56 . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Approval of the West Danby Water District Fund Warrant No . 6 of 1993 A motion was made by Councilperson Hile and seconded by Councilperson Marisa to approve the West Danby Water District Fund Warrant No . 6 of 1993 , voucher numbers 22 - 26 , in the amount of $ 643 . 78 . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Approval of Town Clerk ' s May 1993 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Hile to approve the Town Clerk ' s May 1993 Report as submitted . A roll call vote on the resolution resulted as follows : H ile Aye Marisa Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Approval of the Town Supervisor ' s May 1993 Report A motion was made by Councilperson Hile and seconded by Councilperson Marisa to approve the Town Supervisor ' s May 1993 Report as submitted . A roll call vote on the resolution resulted as follows : 2i6 7 Town Board Minutes June 14 , 1993 Hile Aye Marisa Aye Miller Aye Schwartz Aye Carried Unanimously Other Business : Councilperson Miller requested to be excused from the July 1993 Agenda and Board meetings . ADJOURNMENT : On a motion the Town Board Meeting adjourned at 9 : 45 P . M . e44.01-, 5 .2aa4,;, Carol W . Scz nski Town Clerk mi_ n - 6 - 14 . 93