HomeMy WebLinkAbout1993-06-14 Qt
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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 .
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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
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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 .
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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
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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 .
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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 :
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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