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HomeMy WebLinkAbout1998-03-18 860 1 Town Board Minutes March 18, 1998 TOWN BOARD MEETING ADJOURNED MEETING OF MARCH 9, 1998 MARCH 18, 1998 7 : 00 P.M. Adjourned Meeting Continued PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present : Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public : Judy VanDermark, Jerry Catlin, Roy & Mary Casterline, Linda Howe, Bob Roe, Bill Farrell, Esther Dotson, Linda Hansen, Mary Oltz, Earl Hicks, Pat Woodworth, Olivia Vent, Faith Chase, Mary Lou Hardesty, Laurene Gilbert Supervisor Kenneth Horst called the meeting to order at 7 : 00 P . M . and reported that this meeting is a continuation of the March 9, 1998 Meeting of the Town Board. PRIVILEGE OF THE FLOOR: Councilperson Steiner stated that he would like to respond to a letter submitted by Bob Roe related to the zoning ordinance. It has been called to his attention that there have been some complaints and he has addressed the Code Enforcement Office on two (2) particular pieces of property, one on Muzzy Road and one on 96B south of the Town Hall and both were a result of personal observation that he felt were in disrepair and that something should be done about them . Apparently that has been an on-going thing for a long period of time . The Town Clerk responded to a comment received regarding a Web Site maintained by a person at Cornell University . The site is outdated and the clerk is trying to get the information updated . Agreement to Spend Highway Funds : The Agreement to Spend Highway Funds for the Highway Department and highway report will be reviewed and placed on the April 1998 Meeting. Signatures of the Board are needed before filing. Intermunicipal Cable Commission Consortium Supervisor Horst reported that he is receiving information for the Intermunicipal Cable Commission Consortium that relates to the development of a cable franchise agreement for Time Warner and Tompkins County Townships . The Town of Danby does not have a representative on the Intermunicipal Cable Commission at this time . He asked the Board members to review the information and would like a volunteer to participate in the Commission . OLD BUSINESS : RESOLUTION NO. 34 OF 1998 AMENDMENT TO RESOLUTION NO. 32 OF 1998 - AWARD OF BID FOR THE PURCHASE OF 10-WHEEL DUMP TRUCK WITH PLOW AND WING By Councilperson Inman : Seconded by Councilperson Gagnon A roll call vote on the resolution resulted as follows : Four (4) Ayes One ( 1 ) Abstained Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried 1 Town of Danby Resolution No . 34 of 1998 RESOLUTION NO. 34 OF 1998 AWARD OF BID-10-WHEEL DUMP TRUCK WITH PLOW AND WING AND AUTHORIZATION TO EXPEND CAPITAL RESERVE FUNDS FOR SAME By Councilperson Inman : Seconded by Councilperson Gagnon WHEREAS, the Town of Danby has advertised for sealed bids for a 1997 or newer 10- Wheel Dump Truck with Plow and Wing : and WHEREAS, the Town, on Wednesday, March 4 , 1998 at 7 : 00 p . m. received bids for same which were opened by the Town of Danby; and WHEREAS, all bids received were reviewed by the Town Board and the Highway Superintendent ; and WHEREAS,By Resolution No . 56 of 1995 , the Town Board established the "Town Machinery and Equipment Reserve Fund of the Town of Danby for Purchases of Fifty Thousand Dollars ($ 50, 000 . 00) or More" under Section 6-c of the General Municipal Law; and WHEREAS , there are sufficient funds in said reserve account to pay for the truck that has been submitted ; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Danby awards the bid for a 10- Wheel Dump Truck with Plow and Wing to Burr Truck & Trailer Sales, Inc . 2901 Vestal Road, Vestal, New York 13850 for their bid of $ 105 ,237 . 00, such bid being the lowest responsible bid for the provision of such vehicle ; and be it further RESOLVED, that pursuant to the provisions of Section 6-c of the General Municipal Law of the State of New York that the Supervisor be and he hereby is authorized and directed to expend from the Town Machinery and Equipment Reserve Fund of the Town of Danby for Purchases of Fifty Thousand Dollars ($ 50, 000 . 00) or More the sum of $ 105 ,237 . 00 for the acquisition of said 10-Wheel Dump Truck; and it is further RESOLVED, that the delivery date for the complete unit 10-Wheel Dump Truck with Plow and Wing is August 15 , 1998 ; and it is further RESOLVED, that this resolution is adopted subject to a permissive referendum pursuant to General Municipal Law Section 6-c ; and it is further RESOLVED, that within ten ( 10) days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution, concisely stating the purpose and effect thereof and stating that such resolution was adopted subject to a permissive referendum; and it is further RESOLVED, that this resolution shall take effect thirty (30) days after its adoption, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval ; and it is further RESOLVED,that the Town Clerk be and she hereby is requested to advise the apparent low bidder of the adoption of this resolution notifying said individual that the resolution is subject to a permissive referendum and will not become effective unless no referendum is requested within thirty (30) days, or if a referendum is requested, this resolution is approved at the referendum. 2 Town of Danby Resolution No . 34 of 1998 A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried i t 1 1 861 2 Town Board Minutes March 18, 1998 NEW BUSINESS : RESOLUTION NO . 35 OF 1998 APPROVAL OF AGREEMENT BY AND BETWEEN THE TOWN OF DANBY AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. LOCAL 1000 , AFSCME, AFL-CIO OF THE TOMPKINS COUNTY LOCAL 855 UNIT 8911 -00 By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, the Town of Danby Highway Unit Representative and the CSEA Representative have negotiated an agreement, and WHEREAS, this agreement was presented to the Town of Danby Town Board, and WHEREAS, the agreement has been reviewed and amended by the Town of Danby Town Board, now be it RESOLVED, that the Town of Danby Town Board approves the agreement entitled : "AGREEMENT BY AND BETWEEN THE TOWN OF DANBY AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC . LOCAL 1000 , AFSCME, AFL-CIO OF THE TOMPKINS COUNTY LOCAL 855 UNIT 8911 -00 " ; and be it further RESOLVED, that this agreement shall be in effect from January 1 , 1998 through December 31 , 2000 . A roll call vote on the resolution resulted as follows : Four (4) Ayes One ( 1 ) Abstained Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried RESOLUTION NO. 36 OF 1998 RESOLUTION SETTING THE DATE FOR PUBLIC HEARINGS FOR ADULT ENTERTAINMENT FACILITIES AND COMMUNICATION TOWERS MORATORIA By Councilperson Gagnon : Seconded by Councilperson Inman RESOLVED, that the Town of Danby Town Board sets the date of Wednesday, April 8 , 1998 at 7 : 00 P . M. to hold a public hearing for the consideration of the enactment of a Local Law Providing for a Moratorium for the Construction of Telecommunications Towers for a Period of One Hundred Eighty ( 180) Days and at 7 : 15 a public hearing for the consideration of an enactment of a Local Law Providing for a Moratorium on the Establishment of Adult Entertainment Businesses for a Period of One Hundred Eighty ( 180) Days. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Amplified Sound - Town Hall Building Councilperson Strichartz reported that the estimate for free a standing microphone system can be purchased for under $ 1 ,000 . A more internal system would be in the area of $4, 500 and a detailed estimate can be requested. She said that it would be more convenient to be able to move the microphones. 62 3 Town Board Minutes March 18, 1998 Councilperson Inman reported that a amplified sound system was not included in the cost of the project. APPOINTMENTS : Tompkins County Water Resource Council Chairperson Horst reported that the Town has received response from two (2) individuals who are interested in serving on the Tompkins County Resource Council . He has talked with both individuals and would like the Board to approve a recommendation for appointment to the Tompkins County Resource Council . RESOLUTION . NO . 37 of 1998 RECOMMENDATION TO TOMPKINS COUNTY FOR APPOINTMENT TO THE TOMPKINS COUNTY WATER RESOURCE COUNCIL By Councilperson Gagnon: Seconded by Inman WHEREAS, The Town of Danby is allowed a position on the Tompkins County Water Resource Council , now be it RESOLVED, that the Town of Danby Town Board approve the recommendation of the Town Supervisor to recommend to Tompkins County the appointment of Theodore I . Jones of 109 South Danby Road, Willseyville, New York 13864 as representative from the Town of Danby to serve on the Tompkins County Water Resource Council . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye The Town Clerk will send a Tompkins County Application and Resume Form to Mr. Theodore I . Jones to be submitted to the Tompkins County Board of Representatives Clerk for County Board consideration. . Motion to Adjourn to Executive Session : A motion was made by Councilperson Gagnon and seconded by Councilperson Inman at 7 : 45 P . M . to adjourn to Executive Session to review information an appointment of Board of Zoning Appeals appointment and matters related to the purchase of town highway barns purchase . A vote on the motion resulted as follows : Carried Unanimously Board Meeting Reconvened The Town Board Meeting reconvened at 8 : 15 P . M . Appointments to Board of Zoning Appeals : RESOLUTION NO . 38 OF 1998 APPOINTMENTS TO THE BOARD OF ZONING APPEALS By Councilperson Strichartz : Seconded by Councilperson Inman WHEREAS, the Town of Danby Town Board advertized for candidates interested in serving on the i Town of Danby Board of Zoning appeals to fill two (2) vacancies, and WHEREAS, the Town of Danby Town Board has interviewed candidates who expressed interest in serving on the Town of Danby Board of Zoning appeals, now be it RESOLVED , that the Town of Danby appoint of Alan S . Becker of 88 Hillview Road, Spencer, New York to the Board of Zoning Appeals for a term to begin immediately and expires on December 31 , 2001 and the appointment of Daniel Klein of 56 Durfee Hill Road to the Board of Zoning Appeals for a term to begin immediately and expires on December 31 , 2002 . o63 4 Town Board Minutes March 18, 1998 A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Town Hall Renovation/Addition Project Change Orders Councilperson Inman reported on the following requests for project change orders on the Town Hall Renovation/Addition Project. DFL1 -Change Order - Foundation Corners Repair of the foundation corners on the Town Hall was not included in the original renovation plans. The cost for the repair to two (2) foundation corners is $2,257 . 00 for the structural replacement and $267 . 00 for the cosmetic repair for a total amount for DFL1 of $2 , 524 . 50 . Motion to Approve DFL1 - Change Order A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve Change Order DFL1 in the amount of $2, 524 . 50 to repair the foundation corners on the Town Hall . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Change Order DFL6 Councilperson Inman reported that there is a request for $2 , 317 . 00 to cover the cost for additional labor and materials necessary to install a moisture resistant material on the inside of the crawl space to cover the foam insulation on the old town hall foundation . The request is necessary to meet the NYS Fire and Building Code . Motion to Approve Change Order DFL6 A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve Change Order request No . DFL6 in the amount of $2 , 317 . 00 to cover the cost for additional labor and materials to install a moisture resistant material to the crawl space to cover the foam insulation on the old town hall foundation to meet NYS Fire and Building Code . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Councilperson Inman reported that there is $ 9, 223 . 02 remaining in the Town Hall Building Contingency Fund. Temporary Easement Agreement for Highway Department The Highway Superintendent has asked the Board to consider approval of a Draft Temporary Easement Agreement to be used by the Highway Department when access is necessary on private property. Supervisor Horst said that he would forward the Draft Temporary Easement Agreement to the Town I) 5 Town Board Minutes March 18, 1998 Attorney to review. The Code Enforcement said that she suggested to the Highway Superintendent that he obtain a copy of the Town of Ithaca Easement Agreement. The copy of the agreement she received was very brief and general . Comprehensive Planning Project The Board reviewed the following items for the Proposed Comprehensive Planning Project : 1 ) Comprehensive Planning Outline Procedures and Development 2) Project Budget Supervisor Horst reported that the members of the Board have raised concerns relative to the comprehensive planning procedure and about Town Board and community involvement . It is his understanding that the intent of the Planning Board not to do this by themselves and that there will be some involvement of the public and the Town Board . He said that the Planning Board will be reporting to the Town Board periodically on progress of the comprehensive planning. He said that the Board should consider special meetings to hear and discuss the comprehensive planning progress reports and would give ample opportunity for Board involvement as the plan develops . . Robert Roe, a member of the Planning Board said that several members of the Planning Board feel that the starting point for the comprehensive planning project should be a survey of the public . He said that he thinks the Planning Board should be a facilitator of the type of community the people want they actually want, what are their expectations are, what their visions are for the future of the Town. It is critically important that we please as many people to the extent it can be . Members of the Planning Board and Town Board discussed the Comprehensive Planning Project and Budget . Councilperson Gagnon said that he would like the Town Board and Planning Board to hold a joint meeting soon to examine the entire project. The frequency of Town Board and Planning Board meetings for progress and review should be established . Motion for Special Meeting A motion was made by Councilperson Steiner and seconded by Councilperson Inman to schedule a Special Meeting of the Town Board with Planning Board for Wednesday, April 22 1998 at 7 : 00 P .M. to discuss the revision in the comprehensive plan. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye Discussion on the Comprehensive Plan Budget Supervisor Horst said that members of the Board have raised questions relative to the comprehensive plan budget. He suggested that for consideration, that the Planning Board supply more detail on the budget relative to more specifics . Susan Beeners said that she will provide a more detailed budget for the Town Board for the next meeting order the copies of a the a New York State Planning Federation publication entitled "A Practical Guide to Comprehensive Planning," for the Town Board. I. Other Business : ti Supervisor' s Computer Supervisor Horst reported that the computer used by the bookkeeper needs to be replaced. He has Y J [� E ti 5 6 Town Board Minutes March 18, 1998 received a quotes for a replacement for $ 1 , 645 . 00 and includes transfer of all existing records . Motion to Approve Purchase of Computer A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the purchase of a computer for the Supervisor ' s office in the amount of $ 1 ,645 . 00 . A roll call vote on the resolution resulted as follows : Four (4) Ayes - One ( 1 ) Abstention Gagnon Aye Inman Abstained Steiner Aye Strichartz Aye Horst Aye Carried Code Violations : Councilperson Steiner asked what the Board was going to do in regard to a letter received March 9, `- 1998 related to Code Enforcement Violations . There was discussion on how and when addresses where there are code violations would be reported to the Board. Susan Beeners said that names of residents with code violations are not public information when it involved possible litigation. ADJOURNMENT : On a motion the meeting adjourned at 9 : 15 P . M. Le )V Carol W. Sczepanski wn Clerk min-3 - 18 . 98