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HomeMy WebLinkAbout1998-09-21 1 Town Board Minutes September 21 , 1998 TOWN OF DANBY TOWN BOARD MINUTES ADJURNED MEETING OF SEPTEMBER 14 , 1998 SEPTEMBER 21 , 1998 PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present : Code Enforcement Officer - Susan Beeners Town Clerk - Carol Sczepanski Members of the Public : Judy VanDermark, Mary Oltz, Robert Roe , Arch Dotson, Esther Dotson , Rick Dobson, Pat Woodworth, Margaret Shepard, Mary Lou Hardesty Supervisor Kenneth Horst called the meeting to order at 7 : 02 p . m . and reported that this is a continuation of the September 10 , 1998 Town Board Meeting to complete the agenda . OLD BUSINESS Comi Telecommunications Agreement Supervisor Horst reported that he attended the September 16 , 1998 meeting of the Planning Board . He indicated to the Planning Board that the main object of the Town Board ' s concern pertains to the legal issue and whether there was proper legal representation at Comi Telecommunications that would defend us in case of litigation cases and are their lawyers licensed in New York State . There was a strong feeling by the Planning Board that there was expertise on the technical issues relative to Comi Telecommunications and that their recommendation to the Town Board to enter into an agreement with them was still in place . There was some discussion at the meeting about the experiences of other Towns who have agreements with Comi . Councilperson Strichartz said that she has contacted Caroline Supervisor Don Barber and he felt that their agreement with Come Telecommunications would be very satisfactory . Supervisor Horst suggested that we transmit some of the questions raised by the Board about the Comi Telecommunications to our Town Attorney Comi Telecommunications and ask him to respond to them . Code Enforcement Officer said that the Town should have an ordinance in place now and can get a consultant later. She recommended that the Planning Board review other ordinances , and develop one for Danby to be reviewed by our Town Attorney . Supervisor Horst said that he would be willing to call the Town Attorney and discuss some of the questions and concerns of the Board with him . He would like also to discuss with him the time limits in moving ahead so that we can meet the deadlines with the moratorium the Town has in place . Motion to Obtain an Agreement with Comi Telecommunications A motion was made by Councilperson Inman and seconded by Councilperson Strichartz that the Town of Danby enter into an agreement to negotiate with Comi Telecommunication Service to provide A Local Law for telecommunication towers in the Town of Danby and to authorize Supervisor Horst to transmit the Town Attorney ' s suggestions on the draft agreement to Comi Telecommunications to be included in the agreement . A vote on the motion resulted as follows : ( four (4) ayes - one ( 1 ) nay) 2 Town Board Minutes September 21 , 1998 Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried Councilperson Steiner said he could not support this motion as he feels that a local law should be prepared by our Town Attorney . Danby Area Guidelines Motion to Adjourn to Executive Session A motion was made by Councilperson Inman and seconded by Councilperson Strichartz that the Town Board move to Executive Session to discuss personnel matters related to the Danby Area News at the end of the Board Meeting . Discussion : Councilperson Steiner said that the Danby Area News Guidelines and the Danby Area News are not appropriate for an Executive Session . Councilperson Gagnon said that discussion about the editorial handling of the Danby Area News would be personnel and is appropriate . He said an Executive Session of the Board should be deferred to the end of the meeting . Supervisor Horst said he was willing to move to Executive Session to the end of the meeting, however if it is going to address the additional issue relative to communications about the Danby Area News other than the guidelines it is only fair that the editor be present at this meeting to speak . Councilperson Inman said that he has no problem with the guidelines but the issue for the Executive Session is personnel . A vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Danby Area News Guidelines : A revised copy of the Danby Area News Guidelines was presented to the Town Board on September 21 , 1998 . The RESOLUTION NO. 50 OF 1998 APPROVAL OF THE "DANBY AREA NEWS PUBLICATION GUIDELINES " dated September 21 , 1998 By Councilperson Steiner : Second assumed by Supervisor Horst WHEREAS, The Town Board of the Town of Danby has received on September 21 , 1998 a revised document entitled "DANBY AREA NEWS PUBLICATION GUIDELINES ", and WHEREAS , the "Danby Area News Publication Guidelines", were reviewed and approved by the Town of Danby Town Board ; now be it RESOLVED , that the Town of Danby Town Board recognizes and approves the revised "Danby Area News Publication Guidelines", as submitted on September 21 , 1998 . Discussion : 3 Town Board Minutes September 21 , 1998 Councilperson Gagnon said that that the compliance with the guidelines is a condition of funding and is an appropriate part of approval of the guidelines . Councilperson Strichartz said that there is no accountability advertised t the guidelines and whether it comes out on time . The Town needs to have the programs Councilperson Gagnon said that he thinks there should be a contract with the Danby Area News and made a condition of funding . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye Request for Change Orders Town Hall Building Councilperson Inman presented two (2) Change Orders for Airtech Heating & Air Conditioning Systems , Inc . dated July 24 , 1998 for the Town Hall building $ 632 . 50 . project . Change Order No . 1 in the amount of $ 563 . 50 and Change Order No . 2 in the amount Motion to Approve Change Orders : A motion was made by Councilperson Inman and seconded No . d as by approved by the project architectCl r s Board accept Change Order No . 1 and Change Order pP Warner for a total of $ 1 , 195 . 00 and entered on the Construction Warrant for September 21 , 1998 and to be paid out of the Construction Contingency Account . A vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye Final Billing for AirTech Air Councilperson Inman has received a request for final payment from Air Tech 6 ati The work Conditioning for the Town Hall Renovation/Addition Project been completed and all the paperwork for the work performed r as been received from received . A recommendation and certification for payment of the application Warner . The Application will be added to the Construction Warrant for September 21 , 1998 . NEW BUSINESS : SPCA - Contract year contract to provide dog control for Supervisor Horst read a letter attached to a proposed (3 %) increase over last year due and is the Town of Danby . The proposal includes a three p er cent based on the Consumer Price Index . Councilperson Steiner offered to review the contract and some of our concerns with the SPCA and report back to the Board . PERMA Insurance Public Em Ito erRisk M na .. Cmtati Association tion Insurance to review Supervisor Horst reported that he has met has the Town of Danby Compensation Policy . The Town of Danby isco a veryrgood ire coedCanddrhas experienced very few claims . The Town can receive a a providing that we meet certain criteria one of which is have a safety policy in place and a designated 4 Town Board Minutes September 21 , 1998 person or safety coordinator to assure that safety features are in effect . The Town should consider a safety committee and the Town Highway Superintendent should be a member of that committee . RESOLUTION NO . 51 of 1998 THANK YOU TO AMY CUSIMANO AND VOLUNTEERS By Councilperson Strichartz : Seconded by Councilprson Steiner RESOLVED, that the Town Board of the Town of Danby officially thanks Amy Cusimano and volunteers for the years of dedicated service directing and managing the Jennings Pond Program , and be it FURTHER RESOLVED , the the Town Board of the Town of Danby recognizes that it is people like Amy Cusimano who in their willingness to do selfless service who make Danby a better place to live . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 52 of 1998 TIME LIMITS SET FOR PRIVILEGE OF THE FLOOR AND REPORTS By Councilperson Strichartz : Seconded by Councilperson Inman WHEREAS , Board Meetings of the Town of Danby Town Board have been excessively long and important matters are not getting addressed , now be it RESOLVED, that the Town Supervisor limit individual imput to three ( 3 ) minutes and committee and miscellaneous reports to five (5 ) minutes . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Jennings Pond/Cooperative Partnership Judy VanDermark reported to the Board that the future of Jennings Pond is important . The Pond area is included in the " Stratgic Plan, that the Town is developing. It will take more than one person to run the swim program at Jennings Pond . She is willing to volunteer to help run the program and the DCC has submitted a proposal for funding of the program in 1999 . The DCC is proposing to the Town Board that Jennings Pond be reinstated under the Community Council with a partnership with the Town Board for next year. If approved a committee will be set up and look seriously at the future direction of this program . She asked that a notice be placed in the Danby Area News asking for volunteers for the pond program . The Town Clerk will advertise in the Danby Area News for volunteers to help coordinate the Jennings Pond program . Councilperson Gagnon said that funding for the program and the amount of funds will be contingent upon a person to coordinate the program . Councilperson Steiner said he is willing to work on a committee for the Jennings Pond Program . APPROVAL OF MINUTES : I s.�... 5 Town Board Minutes September 21 , 1998 July 13 , 1998 Town Board Minutes Corrections to July 13 , 1998 Town Board Minutes : 1 ) Page 5 of Draft Minutes - - delete (July) under Town Clerk ' s and Supervisor ' s Report and insert June . Approval of July 13 , 1998 Town Board Minutes A motion was made by Councilperson Steiner to and seconded by Councilperson Gagnon to approve the July 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 Carried Unanimously Horst Aye Approval of July 20 , 1998 Town Board Minutes : A motion was made by Councilperson Steiner and Seconded by Councilperson Gagnon to approve the July 20 , 1998 Town Board Minutes as published . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye Au ust 3 1998 Town Board Minutes Corrections to Au ust 3 1998 Town Board Minutes 1 ) Page one of Draft Minutes - under Motion Authorizing Town Clerk to Contact Community Service -( delete information on their services . ) 2 ) Page 4 of Draft Minutes - under Motion Requesting Response to Councilperson Gagnon and Town Board delete (proposed residents survey) and dinsert Topical Outline , Comprehensive Than transmitted to the Planning Board Town in July . Approval of August 3 1998 Town Board Minutes A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon to approve the August 3 , 1998 Town Board Minutes as corrected . A roll call vote on the motion resulted as follows : B Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye Town Supervisor' s July 1998 Report Councilprson rson Steiner requested that the $ 125 ,000 . 00 that was transferred from a Certificate of Deposit to the checking account be placed in a short term CD until payment is due for the purchase of the Highway Department Truck . g' ! . 6 Town Board Minutes September 21 , 1998 Approval of the Supervisor' s July 1998 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the Supervisor ' s July 1998 Report . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Carried Approval of Town Clerk' s July 1998 Report A motion was made by Councilperson Steiner and seconded by Councilperson Strichartz to approve the Town Clerk ' s July 1998 Report as submitted . 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 West Danby Water District Fund Warrant No . 9 of 1998 A motion was made by Councilprson Steiner and seconded by Councilperson Inman to aprove the West Danby Water District Warrant voucher numbers 28 - 32 in the amount of $ 1 ,226 . 76 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Highway Department Fund Warrant No. 9 of 1998 A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve the Highway Department Fund Warrant No 9 of 1998 voucher numbers 144- 164 in the amount of $27 , 709 . 72 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye I Strichartz Aye Horst Aye Carried Unanimously General Fund Warrant No . 9 of 1998 A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to approve the General Fund Warrant No . 9 of 1998 voucher numbers 319 - 353 in the amount of $4 , 175 . 00 and includes the reduction for an adjustment of $ 315 . 00 for voucher No 318 of 1998 overcharge on Warrant No . 8 of 1998 . A roll call vote on the motion resulted as follows : 7 Town Board Minutes September 21 , 1998 Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously If Construction Warrants for September 1998 I A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve ; the September 1998 Construction Fund Warrant in the amount of $2 , 13 1 . 27 which includes the two (2) change orders that were approved earlier this evening . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Election Inspecrtors Warrant No . 1 of 1998 A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the Election Inspectors Warrant No . 1 of 1998 General Fund voucher numbers 354 - 363 in the amount of $765 . 14 . A roll call vote on the motion resulted as follows : Gagnon Aye } Inman Aye I Steiner Aye Strichartz Aye Carried Unanimously Horst Aye Motion to Adjourn to Executive Session A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz at 9 : 05 p . m . to adjourn to Executive Session . A vote on the motion resulted as follows : Carried Unanimously Meeting Reconvened ata 10 : 00 p . m . The Board Meeting reconvened at 10 : 00 p . m . Lighting for Town Hall Parking Lot Councilperson Inman reported that a quote has been received for the installation of two lights for the Town Hall parking area. He has an estimate of $ 530 . 00 from Milligan Electric for the installation of the lights . Motion to Approve Parking Lot Lighting A motion was made by Councilperson Inman and seconded by Councilperson Steiner that the Town Board approve Milligan Electric ' s quote of $ 530 . 00 to install two (2) lights in the Town Hall prking lot with funds to be allocated remaining in the original Town Hall Renovation/Addition project . Discussion : Councilperson Gagnon suggested that lighting design could be consistant with the proposed stratigic plan for the Town Hall property . He proposed that we not take action on the lighting tonight . Councilperson Strichartz said that this is a safety issue and suggested that one light be put up now 8 Town Board Minutes September 21 , 1998 and we can address other options later . A roll call vote onthe motion resulted as follows : Gagnon Nay Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried ADJOURNMENT : On a motion the meeting adjourned at 10 : 10 p . m . Septul, min10-21 . 98 Carol W . Sczepan k own Clerk