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HomeMy WebLinkAbout1998-06-15 903 1 Town Board Minutes June 15 , 1998 TOWN OF DANBY TOWN BOARD MINUTES JUNE 15 , 1998 7: 00 P.M. Regular Meeting PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present : Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk Members of the Public : Mary Oltz, Roy Casterline, Margaret Shepard, Eileen & Alice Wright, James Herson, Judy VanDermark, Mary Lou Hardesty, Amy Cusimano, Edw. M. Roberts, Roland Boda, Esther & Arch Dotson, Robert & Elizabeth Roe, Phil Smith, Ames Brown, Linda Howe, Faith Chase Supervisor Kenneth Horst called the meeting to order at 7 : 07 P . M . and led all present to the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA : Supervisor Horst requested the addition of a report from Time Warner Cable representative, Phil Smith. Councilperson Gagnon requested the addition of discussion for a budget item for the Town Hall Open House . No Board Member objected. Supervisor Horst asked that the public be considerate tonight as we are only partially settled from our move into the Town Hall building . It is hoped that the echo in the meeting room will improve when the drapes have been put up . When we are completely settled in and the painting is finished there will be an open house . PRIVILEGE OF THE FLOOR: Councilperson Inman reported that Mark Waldo Haag supplied three workers, materials and equipment to paint the main meeting room and entry area of the Town Hall . The paint was also donated by Mr. Haag for the trim . Councilperson Inman read the following communication addressed to the Town Board from Mark Waldo Haag. "To the Danby Town Board : Please except my donation for labor and materials and use of equipment necessary to paint the main meeting hall and the entry area. This includes priming and finish coat of walls only, no trim painting included. Would you be so kind to send a receipt for tax purposes for the amount of $ 1 , 000 . 00 . I would greatly appreciate it. Mark Waldo Haag. " Supervisor Horst will send Mark Waldo Hagg a letter acknowledging appreciation for the donation to the Town. Town Clerk, Carol Sczepanski read the following notice of Award from PERMA Insurance Company "The Town of Danby has received an achievement award for a loss ration of under 20% for the year 1997 " and reported that out of 350 Municipal Members only a small percentage received this achievement award. X04 2 Town Board Minutes June 15 , 1998 Members of the Public : Judy VanDermark - President of Community Council reported that there will be an Outdoor Concert with a bring your own picnic held on Sunday, June 19, 1998 at the Danby Fire Station from 5 - 7 P .M. There will be no charge for the event. Amy Cusimano reported that the Jennings Pond Clean-up has not occurred due to the weather. The tentative plan if there is a an afternoon this week that it is not raining after 5 : 00 volunteers will be needed to help dredge the pond, clean the bathing area for the water testing and set up the lifeguard chairs. The Parks Commission is looking into placing a street light on the parking area of the pond to discourage vandalism. REPORTS : Fire Department Report: Fire Commissioner Roland Boda reported that there is some confusion about insurance coverage for use of the Fire Department facility for community activities that are not sponsored by the Fire Department. The Fire Department policy is guided by their insurance company and they require organizations who use the building must have on file with the Fire District a Certificate of Insurance with $ 1 ,000,000 liability coverage . The Fire District is looking into possibly increasing their insurance coverage to cover other organizations under their policy. Tompkins County EMC Robert Roe reported that he has a copy of the Draft RFP for the proposed County Household Waste Management Facility that is planned to open in 1999 . Highway Report : Supervisor Horst read the following statement and report from Highway Superintendent Hall -- "I would like to thank Ken Horst, Joel Gagnon and Laurene Gilbert for taking the time from their busy schedules to go on a road tour with me . These tours are very important and they give the Board an idea of the condition of our roads and help with the budgeting process" . A May 1998 the Highway Department report is on file . Supervisor Horst reported for the record that he would like to officially thank the Highway Department for the work they have done on the Town Hall parking area. There was a lot of time and effort put into the project and they did a good job . Senior Citizens : Edward M . Roberts reported that the Danby Seniors have had some good entertainment at the monthly meetings are planning to take some trips this summer . There will be a picnic in July and a trip to the Hanger Theater. Code Enforcement Office Report : Susan Beeners reported that a resident pointed out to her some maintenance related to including property . N .Y .S . Building Code has some extensive facts related to housing maintenance fences maintained in good condition and yards must be maintained in good condition that are free of hazards. There is nothing in the code for commercial properties . The resident requested that the so that Town put on a legislative work plan modifying the State Code related to housing maintenanc e n on work it pertains to commercial properties . She asked the Board to consider putting that list for legislative modifications . I ' Susan Beeners also reported that she and the other Town staff are compiling a working wish list of things that are needed for the Town Hall . 1 The New York State Planning Federation Grant Application will be submitted for the fourth time . The Planning Board will be reviewing the grant application at their next meeting . The deadline for the grant submission is September 15 , 1998 . Planning Board : Arch Dotson reported that there is a joint meeting of the Town Board and Planning Board at 7 : 00 i . 905 3 Town Board Minutes June 15 , 1998 P . M . on June 24 , 1998 to hear a presentation from representatives of Monroe Telcom. Housing Rehabilitation Program Edward M . Roberts reported that the committee reviewing Danby applicants for the Housing Rehabilitation funding have approved two (2) additional applications . Time Warner Cable Representative - Phil Smith Phil Smith General Manager from Time Warner Cable presented the Board and public with an overview of Time Warner Cable upgrades to fiber optic lines . There will be a complete upgrade of the physical plant here in Tompkins County . It is expected that they will be in the Danby area the last of August or early September. Most of the work will be in the right-of-ways for stringing fibers, they will notify all customers . The workers will not need access to customers homes but will need access to enter properties . There will be minimal interruption of cable service to customers . Time Warner Cable has prepared a Model Franchise Agreement for Tompkins County. The document includes language that the Intermunicipal Cable Commission has proposed and language that they have proposed. The Intermunicipal Cable Commission is recommending it' s member municipalities to join with the City of Ithaca in hiring a consultant to prepare a model franchise agreement. The Town of Danby has not had a franchise since August of 1988 and has been operating under a Temporary Operating Authorities since that time . He suggested that the Town consider meeting with Time Warner to negotiate a document that meets the needs of the community. The newer franchise agreements contain clauses that are more financially capable to the municipality and are part of the negotiating process . There are all kinds of benefits to the Town that can be negotiated with Time Warner Cable . Time Warner Cable will have the capability to offer directly to customers access to Internet connections and high speed data services directly through the cable lines when the fiber update is completed . Comprehensive Plan Code Enforcement Officer Susan Beeners submitted a revised Proposed Comprehensive Planning Project Cost Estimate and revised budget dated June 15 , 1998 with an Agreement between the County of Tompkins and the Town of Danby attached for the Board to consider for approval. Susan described the revisions to the Board in the cost estimate is the transfer of $2 , 393 for 1998 instead of $ 3 , 726 . The revisions in the Scope of Work is in the collection of basic information this year while the survey is being conducted and the analysis/research is being completed. This proposal has no effect on the general plan including the charts that show what work will be done this year. Discussion : Supervisor Horst asked what the status of the Town was with Tompkins County relative to the comprehensive planning. Susan Beeners said that the County is in the process of hiring a new Circuit Rider and the process may take two months . There is some frustration from the County because they do not have a signed contract for our comprehensive planning services and they need to schedule their own work planning. Councilperson Gagnon said that he appreciates the attempt to shift some of the expenditure for the project for this year. One of his serious concerns is how much of the budget was going to fall into 1998 . The Town Board has not had a meeting with the Planning Board or the opportunity to discuss the topical outline, the working notes and what has been transmitted to them to share their concerns or comments so that the Planning Board would have the benefit of their thoughts . Supervisor Horst said that the Town Board and the Planning Board did meet and he questions the appropriateness of a special meeting unless the Board has decided that they were going to approve this project and move ahead in terms of funding or in tying in with Tompkins County Circuit Rider. At the present time we don ' t really have anything in place so that the Planning Board can move ahead with the comprehensive plan because the Board has made no decision. 9 0 6 4 Town Board Minutes June 15 , 1998 Councilperson Gagnon said that at this point the Board is holding up the process by not acting . It is a concern that he shares but he thinks it is important for the Planning Board to have the benefits of our comments on what they have submitted to us . Councilperson Strichartz said that she does not see any harm in talking about the various points of the comprehensive plan. She has a different concern and would like to see a formalized schedule for the Town Board and Planning Board to meet every four (4) to six (6) weeks to have input into the comprehensive plan. Councilperson Gagnon said that he is not ready to pass the project work scope as the Board has not reviewed them yet nor interacted with the Planning Board about them. We could approve the budget but not grant the conceptual approval to the various documents until we have had the opportunity to actually review them and interact with the Planning Board about them. He has no problem with executing an agreement with Tompkins County Planning Department to start the information gathering phase . Supervisor Horst said that he is not sure why the Town Board wants to tell the Planning Board how to do their job . "The Planning Board was assigned the task in 1996 of doing a revision to the compressive plan. It seems that the Board should have enough confidence in the Planning Board to carry out that project and trust in those individuals . The Town Board has the final decision to either approve, suggest changes or to amend the things that are in the comprehensive plan. We also will have input according to the Plan of Action to meet with them however times we want to meet with them whether it is every 8- 10 weeks or whatever that time frame might be . During those time elements we can as a Board raise questions and discuss them and the Planning Board will in turn have gathered information that will be helpful in addressing either defending or addressing answering the questions that are raised." He said he really does not understand why we don' t want to allow the Planning Board to do this job and move ahead with responsibility in doing it . Councilperson Gagnon responded that the preparation of the comprehensive plan is the crafting of the document which is supposed to be the basis for a lot of the legislative decision that come to the Town. He is willing to pass the proposed Resolution e not necessary delete the approvals for things the process forward. that have not been discussed by the Board and We should approve the budget and we will hope that the process will unfold in a reasonable way. Susan Beeners asked if Councilperson Gagnon was suggesting that the first resolved be deleted. Planning Board member Robert Roe said that there was nothing that was substantially changed and since he last reviewed the document and time is the major element to proceed with the plan. This needs to be done openly if you want the support of the people who will participate in the data, the data gathering and the overall review of the plan. He said that he personally does not want to be seen as a participant in ramming something down the throats of the Town as with zoning when the initial zoning ordinance was first reviewed by many of the people . The Planning Board has before them the comprehensive plan and have also gathered the facts of cell tower ordinance construction and adult entertainment facilities . The Planning Board proceeds with those facts according to the best ations that of their ability as they understand them and he does Board believe that they are subject ho dipecltion of the are set up that the facts and duties of the Planning Town Board. Councilperson Strichartz said that she personally does not have a problem with the " Scope of Work" , the problem that she sees is that the Boards are not going to be communicating to each other and then at the end three people could decide that they do not like the comprehensive plan. It is a waste of talents and work. She would hope that we can somehow, using less emotional language have a way of communicating with each other . Supervisor Horst said that he has enough confidence in the talents that we have on the Planning . . . . . . 907 5 Town Board Minutes June 15 , 1998 Board and also with the understanding that we have among Town Board members that he could not perceive that we would ever turn down everything all the work that the Planning Board put into a comprehensive plan. We provide an opportunity for interchange all along the way and if the plan was turned down at the end something serious would have to go RESOLUTION NO. 46 OF 1998 as revised by Susan Beeners on April 22 , 1998 and further revised on June 15 , 1998 . COMPREHENSIVE PLANNING PROJECT - APPROVAL OF WORK SCOPE AND ALLOCATION OF FUNDS By Councilperson Gagnon : Seconded by Councilperson Steiner WHEREAS, the Town of Danby Town Board by Resolution No . 16 of 1996 directed the Planning Board to review the 1989 Comprehensive Plan for applicable changes ; and WHEREAS, the Planning Board, by its Resolution No . 1 of January 21 , 1998 recommended that the Town Board grant conceptual approval to the various documents transmitted with the Resolution, including "Working Notes-Comprehensive Plan Update", "Draft Comprehensive Plan Topical Outline", "Possible Maps for Danby Comprehensive Plan Topical Outline", "Possible Maps for Danby Comprehensive Plan", and "Preliminary Scope of Work, Danby Comprehensive Plan Update, January 21 , 1998 " , which documents were transmitted to the Town Board as a progress report; and WHEREAS, the Planning Board, by Resolution No . 1 of January 21 , 1998 recommended to the Town Board that an agreement be approved for comprehensive planning services from the Tompkins County Planning Department, and that appropriate funding for the comprehensive planning project be provided; and WHEREAS, the Town Board on April 22, 1998 in meeting with the Planning Board has reviewed "Proposed Comprehensive Plan Project, 1998/ 1999 Cost Estimate" revised April 22 , 1998 and has on June 15 , 1998 reviewed further revisions of cost distribution estimates ; now, therefore, it is RESOLVED, that the Town Board authorizes the Town Supervisor to execute an agreement with the Tompkins County Planning Department for the provision, in 1998 and 1999 , of planning and mapping services as described in "Exhibit A, Scope of Services"; and it is FURTHER RESOLVED, that the Town Board approves the allocation of funding for the Comprehensive Plan project as estimated in "Proposed Comprehensive Plan Project, 1998/ 1999 Cost Estimate" revised April 22, 1998 as revised June 15 , 1998 to be in the amount of $ 8 ,210, subject to related provisions in this resolution; and it is FURTHER RESOLVED, that the Town Board approves the transfer of $2 , 393 from Contingent Account A1990 .400 to Comprehensive Plan Account A8020 .401 to provide for a total allocation of $ 3 , 807 for 1998 , as based on the ` Estimated Distribution of Cost ' for 1998 in "Proposed Comprehensive Plan Project, 1998/ 1999 Cost Estimate"; and it is FURTHER RESOLVED, that it is the intent of the Town Board to provide adequate funding for the completion of the 1998/ 1999 estimated $4,403 which includes continued services from the Tompkins County Planning Department and miscellaneous expenses, and with such 1999 funding to be subject to final approval in the 1999 budget process . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously (Proposed Comprehensive Plan Project 1998/99 Cost Estimate and Proposed Agreement Plan - 98-7- 8020 between the County of Tompkins and the Town of Danby attached.) U 6 Town Board Minutes June 15 , 1998 Proposed Memorandum of Understanding The Board briefly discussed a Proposed Memorandum of Understanding that was transmitted by Councilperson Gagnon to the Town Board and Planning Board at the Agenda Meeting on June 1998 . This is Danby Map Project: The Code Enforcement Officer has submitted a modification for the "This is Danby Map Project" - - Service Agreement between the County of Tompkins and the Town of Danby #PLAN 97-21 dated July 15 , 1997. The term of contract was from June 1 through December 31 , 1997 and the modification request to extend the contract through August 31 , 1998 . Motion to Extend Contract #PLAN 97-21 A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to authorize the Town Supervisor to sign a modification to the "This is Danby Map Project" Service Agreement between the County of Tompkins and the Town of Danby #PLAN 97-21 (Paragraphs No . 3 and No . 8 ) for an extension of contract from December 31 , 1997 to August 31 , 1998 and an adjustment to the total cost of project not to exceed $ 1 , 392 which will be paid upon receipt of an invoice by the Town. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Audio System for Town Hall Meeting Room : Councilperson Strichartz reported that she and Councilperson Inman have listened to a movable sound system for the Town Hall Meeting Room demonstrated by Hickey' s Music Center that seems to meet the needs of the Town. RESOLUTION NO. 47 OF 1998 APPROVAL OF FUNDS TO PURCHASE SOUND SYSTEM FOR TOWN HALL MEETING ROOM By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, the Town Board has researched audio systems to purchase for the Town Hall Meeting Room, and WHEREAS, demonstration of a movable sound system by Hickey ' s Music Center that seems to meet the needs of the Town was favorable , and WHEREAS, Hickey' s Music Center has submitted a quote to the Town of Danby for One Thousand ( $ 1 ,000) Dollars to provide a Movable Sound System for the Town Hall , now be it RESOLVED, that the Town Board of the Town of Danby accepts the quote from Hickeys Music Center in the amount of One Thousand ($ 1 ,000) Dollars for the purchase of a Movable Sound System as follows : 1 Yamaha EMX640 Powered Mixer 1 Yamaha SM12 III Club Monitor Speaker 4 V tech Microphone 3 Table Top Microphone Stand 1 Weighted Microphone Stand <' 4 Microphone Cables (30 ft. ) 1 Speaker Cable (50 ft.) 1 Delivery and introduction t and be it f tt i•, r _ t . n 909 7 Town Board Minutes June 15 , 1998 FURTHER RESOLVED, that funding for the purchase of the Movable Sound System be charged as follows : $ 875 . 00 from A1620 . 2 (Town Hall Equipment) and that $ 125 is to be transferred from A1620 . 4 to A1620 .2 to cover the cost . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Budget Transfer of Funds for Town Court The Town of Danby Town Court has submitted a an itemized request to the Town Board for an increase the Town Court budget to reflect the estimated expenses needed for this budget year. Justice James Herson explained the budget request and reported that the request for additional funds reflects the training costs for the new judge and training for schooling that is mandated by law. The Town Court request is to the Town to pay for reasonable expenses to the Town Court in the amount of $2,432 . Councilperson Steiner suggested that $2 ,432 requested by Town Court be transferred from A1420 . 4 to A1110 . 4 as we should transfer from our budgeted accounts before we use the contingency account. Councilperson Inman said that he would like the transfer to be backed by the contingency account. Motion to Transfer Funds A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to temporarily transfer $2,432 from Account A1990 . 4 to A1110 . 4 until an appropriate account to transfer funds from is approved . Discussion : Councilperson Steiner reported to the Board that he could not support the motion because we are not supposed to be transferring funds from the contingency account until other accounts have been used. The extraction of funds from A1420 . 4 would be a more appropriate account to transfer the funds from . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried Councilperson Inman requested that the transfer of funds be added to the next Agenda. Community Council - Treasurer Report Community Council Treasurer Pat Woodworth presented the Board with a second Addendum to the Initial Agreement between Town of Danby and Danby Community Council for the Board to consider. Motion to Approve Addendum No . 2 -- Addendum to Initial Agreement Between Town of Danby and Danby Community Council : A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board authorize the Town Supervisor to sign the Addendum No . 2 -- Addendum to Initial 8 Town Board Minutes June 15 , 1998 Agreement Between Town of Danby and Danby Community Council and to extend the funds as budgeted. . Addendum to Initial Agreement between Town of Danby and Danby Community Council : 1 ) Additional Services to be Performed. Contractor agrees to perform the following additional services for the Town : a. Provide a computer program in the Reading Room . Train youth who will then train and/or support other users . b. Provide necessary communication about youth programs to the intended audience for the programs . Includes developing a mailing database for youth in Danby. c . Provide additional youth and community programs including a lifeguard training programs . 2) Fees . The Contractor shall be paid the following sums for each of the above services : a. Computer Program - $2000 b . Communication - $ 1000 c . Youth/community programs - $2644 A vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Construction Account Change Orders Councilperson Inman presented a change order from B . Milligan Contracting for authorization in the amount of $495 . 00 . A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve the Change Order from B . Milligan Contracting for floor joists in the amount of $495 . 00 A vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Transfer of Funds From A1990 .4 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to transfer funds in the amount of $4000 . 00 from A1990 . 400 to A1220 . 400 to cover the expense of the audit of 1997 records . Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried Councilperson Steiner stated that he does not think it appropriate to transfer funds from the contingency and then planning to at some future time to reconcile it . Corrections to April 13 , 1998 Minutes : 1 ) Page 4 - Resolution No . 39 -- Insert missing part of title in Local Law. r' $ 1 9 Town Board Minutes June 15 , 1998 2) Page 13 - insert vote on motion at top of page . Approval of April 13 , 1998 Town Board Minutes A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the April 13 , 1998 Town Board Minutes as corrected. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of Town Clerk' s May 1998 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to approve the Town Clerk' s May 1998 Report. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously APPROVAL OF WARRANTS Construction Fund Warrant of June 1998 A motion was made by Councilperson Inman and seconded by Gagnon to approve the Construction Fund - June 1998 Warrant in the amount of $ 30 , 674 . 12 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously General Fund Warrant No. 6 of 1998 A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to approve the General Fund Warrant No . 6 of 1998 voucher numbers 198 -251 in the amount of $ 18 ,406 . 14 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Highway Fund Warrant No. 6 of 1998 A motion was made by Councilperson Inman and seconded by Councilperson Inman to approve the Highway Fund Warrant No . 6 of 1998 voucher No ' s . 85 - 106 in the amount of $28 ,216 . 70 . Councilperson Steiner questioned voucher No . 86 in the amount of $4500 . 00 for the purchase of a van for the Highway Department and charged to the equipment account . He believes that the purchase of equipment should include quotes or bids before purchase as stated in our Procurement and Procedures Policy. 9 1 2 10 Town Board Minutes June 15 , 1998 Supervisor Horst explained that it was a need for a vehicle for the superintendent to use when checking conditions on roads when the pickup and one-ton truck were being used on jobs . He can purchase tools and equipment for under $ 5 ,000 . 00 . Councilperson Steiner asked that the record reflect that he had a conversation with the Highway Superintendent and asked him directly if he received quotes before the purchase of the van for the Highway Department -- his response was that he did not look at other vehicles and did not solicit quotes . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried West Danby Water District Fund Warrant No. 6 of 1998 A motion was made by Councilperson Gagnon and Seconded by Councilperson Strichartz to approve the West Danby Water District fund Warrant No . 6 of 1998 voucher No ' s . 18 -21 in the amount of $ 875 . 91 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Open House for Town Hall Councilperson Gagnon reported that he would like the Board to provide funds for an Open House for the Town Hall. He would like to have an idea of how much can be allocated so that a program can be planned. No decision was made and a date has not been set. ADJOURNMENT : On a motion the meeting adjourned at 10 : 55 P . M. dAltitil) /VAL Carol W . Sczep11 '1 i , Town Clerk min-6- 15 . 98 Y