HomeMy WebLinkAbout2001-10-08 i
r � i
' I l I � L ' j i.I tl 1,
I ti
11 ti II . d � � f It e k I ,a,3a.tW .,t ,..
1385
1 Town Board Minutes
October 8 , 2001
TOWN OF DANBY
TOWN BOARD MINUTES
OCTOBER 8, 2001
Regular Meeting
PRESENT :
Supervisor Edward Inman
Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey
Others Present:
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Pete Meskill - Tompkins County Sheriff
Members of the Public :
Eileen Wright, Willard Daetsch, Esther Dotson, Sue Howe, Nancy Weitzel, Roy and Mary Casterline,
Ken Horst, Laurene Gilbert, Tara Hoffman, Jessica Wang, Jackie Kurz, Pat Woodworth, Charles
Cole, Steven Uzmann and others
Supervisor Edward Inman called the meeting to order at 7 : 03 p.m. and led all present to the Pledge
of Allegiance to the American flag.
ADDITIONS TO THE AGENDA:
1 ) Supervisor Inman asked that an appointment to the EMC (Environmental Management
Council) be added to the agenda.
2) Proposed Resolution for the Full Demolition of Benjamin ' s One Stop .
No Board member objected
Guest Speaker - Tompkins County Sheriff - Peter Meskill
Sheriff Meskill addressed the Board and public with the upcoming County budget process where the
Sheriffs Office stands within that budget. The Public Safety Committee has had their deliberations
and the Sheriffs Department stands to loose two corrections officers, two deputy sheriffs and one
clerical . He said he is here today asking you to consider as a board action or individual action to
contact your board legislator and any other legislators on the board in support of the Sheriff s
Department budget requests. They have not asked for an increase in staff but money to maintain
staff that they currently have. He asked the Board and public if there were specific concerns of the
Town.
Councilperson Strichartz is concerned with possible cuts and how it may affect the OAR Program
and the County Emergency Preparedness Program.
Sheriff Meskill reported that the County is having monthly meetings with the main players of the
Emergency System on emergency preparedness since the beginning of the year . A Committee is
working at putting together an emergency plan for natural disasters. The committee meets at Central
Fire Station Monthly on the third Thursday . They are working on the development of a County Wide
Disaster Plan. Until recently the typical disaster was a weather related issue or a large fire .
REPORTS :
EMC Report:
Steve Uzman reported that he is an at-large member of the EMC . As Bob Roe cannot attend he
requested that Steve make the EMC reports to the Board. The EMC met on September 12th and the
highlight of the meeting was a report by Dave Furness from Region 7 on how NYS Forests are
managed. New York State is in the final stages of preparing a recreation plan for NYS Forest lands .
The biggest request for recreational use of the NYS forest lands come from ATV users . He reported
that there are no current plans for ATV use or trails in the NYS forest lands. Oil and gas drilling was
also discussed. The Department of Environmental Conservation is pro-drilling. In the Danby State
Forest the mineral rights are 75 % owned by the Federal Government. The EMC has requested to
1386
2 Town Board Minutes
October 8 , 2001
be an interested agency in the Danby Community Park project.
Highway Report :
Sue Howe reported that the Highway Superintendent had submitted his written report . She said that
the grader may need a major repair as there is moisture showing in the oil .
Zoning Report :
Susan Beeners reported that the construction activity is the same as it was this time last year .
Planning Board Report:
Chairperson Laurene Gilbert reported that she thinks that Sarah Newman will be an asset to the
Planning Board .
Recreation Partnership
Councilperson Strichartz reported that the Recreation Partnership Committee met late this month .
The United Way will be giving less money to the Recreation Partnership this year . The committee
has approved an additional 3 % and Danby' s portion will be $ 57 for the entire year .
Community Council :
Eileen Wright reported that there will be a Halloween Party at the Fire Hall on the 31st from 5 - 7
p .m. . A concert will be held here at the Town Hall on November 11 , 2001 . She reported that thanks
to Willard Daetsch and Bob Strichartz they have applied for the CAP Fund so that concerts may be
continued next year.
Senior Citizens
Carol Sczepanski reported that the Senior ' s met in September for a dish-to-pass supper and were
entertained by Fred Moore . The October meeting will be at noon and the entertainment will be Alice
Dietrich and Bob Turk.
COMMUNICATIONS :
1 ) Tentative Budget - 2002 - received at the Agenda Meeting
2 ) Amended Zoning Ordinance
3 ) Resignation of the Pond Coordinator
4) Report of Agreement for Intermunicipal Shared Highway Services
OLD BUSINESS :
Benjamin ' s One Stop
Susan Beeners reported that the proposed resolutions are for the full demolition of Benjamin ' s One
Stop and preparation of bidding documents to proceed with the demolition.
RESOLUTION NO . 75 OF 2001
RESOLUTION AUTHORIZING FULL DEMOLITION OF THE BUILDING AT 1860
DANBY ROAD
By Councilperson Strichartz : Seconded by Councilperson Gagnon
WHEREAS , the Town Board of the Town of Danby by Resolution No . 69 of 2001 authorized the
Town Supervisor with the assistance of the Code Enforcement Officer and the Attorney of the Town
to take such steps as may be necessary or appropriate in order to demolish and remove portions of
the Building located at 1860 Danby Road, as more specifically set forth in said resolution ; and
WHEREAS , based on the subsequent structural condition assessment by the Town' s consulting
engineer, it is apparent that the cost of partial demolition which is necessary to make the building safe
will probably exceed the cost of full demolition;
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor with the
assistance of the Code Enforcement Officer and the Attorney of the Town to proceed with such steps
. j : ;l
jj M l (
t _ . I ei _ I a I I { _ .. . GL. . . _. , ! Jr i ll.. : .I l. 'i Yd �ti�� � 7iIL fc :�.a., . . va.
1387
3 Town Board Minutes
October 8 , 2001
as may be necessary and appropriate in order to fully demolish the Building located at 1860 Danby
Road, provided that the owners of said property stipulate that they, too, believe that the cost of
partial demolition which is necessary to make the building safe will probably exceed the cost of full
demolition, and provided that an agreement to such is executed between the Town and the owners .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO . 76 OF 2001
RESOLUTION APPROVING THE GENERAL WORK SCOPE FOR BIDDING
DOCUMENTS, RELATED TO WORK AT THE PREMISES AT 1860 DANBY ROAD
By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey
WHEREAS, the Town of Danby Town Board is proceeding with measures related to bring the
Building at 1860 Danby Road into compliance with the Town of Danby Local Law No . 4 of 2000 ,
by reason of structural and other damage from the fire in the Building; and
WHEREAS, specifications and bidding documents are being drafted for that work ;
NOW, THEREFORE , be it
RESOLVED, that the Town of Danby Town Board approves the following general scope of work ,
notwithstanding specific details and technical provisions within the scope of work :
1 . BASE BID ITEMS (Generally as shown on " 1860 Danby Road, Site Plan 1 ", dated October
8 , 2001 ) :
Full Demolition of above-ground Building Areas
Removal of contents and demolition and removal of all above-ground components of Building
Areas A, B , C , and D , and removal of the cooler attached to Area C , as shown on " 1860 Danby
Road, Site Plan 1 ", draft, dated October 8 , 2001 . Removal of all asbestos-containing materials in
these Building Areas by a licensed asbestos abatement contractor or subcontractor. This work will
be monitored by an independent asbestos project monitor hired separately by the Town, who will also
conduct necessary monitoring and testing .
B. Slab Retention :
All concrete slabs and below-grade footings in these areas are to remain in place .
C. Topsoil and Seeding of General Slab Areas :
The remaining slabs and footings, and adjacent areas as shown on " Site Plan 1 " shall be
covered with topsoil , and lawn shall be installed .
Bank Restoration on south end of Building:
A bank shall be established with lawn at the south wall of Building Area D following removal
of the wall , generally as shown on "Site Plan 1 " .
2 . ALTERNATE BID ITEMS (Generally as shown on " 1860 Danby Road, Site Plan 2", draft.
dated October 8 , 2001 ) :
Selective Demolition (unless an agreement to proceed with full demolition ( 1 -A above is executed
with the property owners before the end of the bidding process) :
Removal of contents and demolition and removal of all above-ground components of Building
Areas A, B, C, and the cooler attached to Area C . Removal of all asbestos-containing materials in
these Building Areas by a licensed asbestos abatement contractor or subcontractor. This work will
1388
4 Town Board Minutes
October 8 , 2001
be monitored by an independent asbestos project monitor hired separately by the Town, who will also
conduct necessary monitoring and testing.
The existing Building Area D ("Garage") is to remain and shall be stabilized and made
weather tight generally as follows :
The common north wall between Area D and the Areas to be demolished shall be severed
from the Areas to be demolished.
The roof edge along the common wall shall be closed to seal out the weather .
On the front (east) wall, concrete block extending along the sides and top of the existing pass
door shall be removed, and new concrete block shall be installed so that the existing pass door and
its lintel area are in filled .
The south edge of the garage roof shall be repaired and made weather tight .
The windows on the south wall shall be boarded over with pressure treated plywood .
The plywood facade along the front wall shall be removed .
The former window and the existing doorway on the north wall of the garage shall be boarded
over with pressure treated plywood.
The east and north walls shall be prepared and painted.
B . Slab Removal :
All concrete slabs of the Building Areas being demolished shall be removed. Footings shall
be removed to be within 6 and 12 inches below adjacent exterior grade . The area of slab removal
shall be covered with topsoil, and lawn shall be installed. Cavities below the specified area of topsoil
may be filled with clean granular material .
C . Topsoil and Seeding of Additional Site Areas :
Additional areas shown on Site Plan 2 , which are beyond those areas of the building footprint
and immediately adjacent areas, shall be covered with topsoil, and lawn shall be installed .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO. 77 OF 2001
TRANSFER OF FUNDS - CODE OFFICE
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS , the Town code Enforcement Officer has reported that Account A8010 . 400 (Zoning
Office) contractual is projected to have a shortfall for this year, and
WHEREAS , it has been requested that a transfer of funds be made to make up for this projected
shortfall , now, therefore, it is
RESOLVED , that the Town Board of the Town of Danby rescinds resolution No . 32 of 2001 , which
resolution approved the expenditure of up to $250 . 00 from Account A1989 . 400 for the retention of
a person with experience in computer programs and data base development, and it is
FURTHER RESOLVED, that the Town Board approves the transfer of $288 . 00 from A1989 . 400
to A8010 .400 to offset previous computer service expenses and in part to pay for a computer training
class .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
I • I' ! , ) 2
1 222
`pki • ¢
• • I R� , I r �`�' ti r E 1 1 r +{, 1 hI ii • 1
r r 1 I � 'I r � Itr r � 1 1
I i � i ' t •
� I r 1 r � r
1
� .. I i� . 1., � _ . �� ! Ij ! G. fair rl�tl , � 4 ( r I � _• _. _ >:•e..
1389
5 Town Board Minutes
October 8 , 2001
RESOLUTION NO. 78 OF 2001
COMPENSATION FOR VOTING MACHINE CUSTODIAN
By Councilperson Strichartz: Seconded by Councilperson Varona-Lacey
WHEREAS, the Town Board of the Town of Danby approved by Resolution No . 9 of 2001 the
payment for services of Robert Whittaker as a voting machine custodian and he no longer can serve
as a voting machine custodian for the Town of Danby, and
WHEREAS, Roland Boda has completed the Voting Machine Custodian School and was appointed
by the Tompkins County Board of Elections to serve as a Voting Machine Custodian for the Town
of Danby, now be it
RESOLVED, that the Town Board of the Town of Danby will compensate Roland Boda for his
service as voting machine custodian at $ 75 . 00 per service .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO 79 OF 2001
AUTHORIZATION FOR TRAINING SESSIONS - CODE ENFORCEMENT
By Councilperson Gagnon : Seconded by Councilperson Nolte
WHEREAS, the Code Enforcement Officer has reported that attendance at a 2 -day seminar on the
International Residential Code, scheduled for adoption in 2002 by New York State , is to be held on
October 30 and 31 , 2001 by the Southern Tier Building Officials Association; and
WHEREAS, the New York State Codes Division has recommended this seminar as essential for
training ; NOW, THEREFORE, IT IS
RESOLVED, that the Town Board of the Town of Danby approves the expenditure of $200 . 00 for
attendance by the Code Enforcement Officer and Assistant Code Enforcement Officer at said seminar,
with the source of funds to be charged to Account A1990 .400 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO . 80 OF 2001
APPOINTMENT OF POND SUPERVISOR
By Councilperson Strichartz: Seconded by Councilperson Nolte
WHEREAS, the Town of Danby has received the resignation of the Pond Supervisor, and
WHEREAS , Amy Cusimano has expressed an interest in filling the position of Jennings Pond
Supervisor, now be it
RESOLVED, that the Town Board of the Town of Danby appoint Amy Cusimano to the position
of Jennings Pond Supervisor for the year 2002 swim program .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
1390
6 Town Board Minutes
October 8 , 2001
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Danby Community Park Procedures for Acquisition
Supervisor Inman reported that a proposed resolution for procedures for Community Park
Acquisition for Danby Community Park was submitted to the Town Board for consideration . The
Town is not supposed to collect private funds for private enterprise . He suggested that the savings
account be transferred to a private account.
Esther Dotson said that residents could not contribute and have tax exemption if the funds were
transferred. She reported that this is not a private enterprise but for a future purchase . The purpose
of the fund is not for any private enterprise . She said that this is a public enterprise and it is a
donation in expectation of a future purchase by the Town.
The Board discussed how an account for the Community Park should be handled .
Supervisor Inman tabled further discussion for land acquisition and will place it on the agenda
following one of the budget workshops after he has obtained further information from the Town
Attorney regarding how an account should be handled .
RESOLUTION NO. 81 OF 2001
APPOINTMENT TO THE PLANNING BOARD
By Councilperson Strichartz : Seconded by Councilperson Nolte
RESOLVED, that the Town Board of the Town of Danby appoints Sarah Newman of 580 East
Miller Road , Ithaca, New York to the Town of Danby Planning Board to fill the vacancy of Dan
Klein.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Abstained Carried
Motion to Set Dates for Budget Workshops
A motion was made by Gladys Varona-Lacey to set the following dates and times for budget
workshops :
Wednesday, October 10 , 2001 at 5 : 30 p . m . - to review the Highway Budget
Wednesday, October 17, 2001 at 7 : 00 p .m. - to review the Water District, Community Council
and Zoning budgets with a special meeting of the Board at 7 : 30 p .m. for the Danby Community Park.
Monday, October 22 , 2001 at 7 : 00 p .m. - to review the remaining accounts for Justice, Clerk,
Jennings Pond, Reading Room and Senior Citizens with other dates scheduled if necessary to
complete the review of the budget.
A roll call vote on the resulted as follows :
r
r
P
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Burning of Plastics Discussed
s I .. i '. � � ^J jl
I ; , ,
1391
7 Town Board Minutes
October 8 , 2001
Councilperson Strichartz reported that she has heard from some residents that their neighbors are
burning plastics in their burn barrels . Burning plastics is a health hazard . She has called the fire
department and they are going to address this and send an article to the Danby Area News . She
thinks that if residents knew that they should not burn plastics they would be more accommodating .
Disaster Management Discussion
Councilperson Strichartz reported that she thinks someone should approach the Fire Department to
discuss Disaster Planning for the Town.
Supervisor Inman said that SheriffMeskill addressed this tonight and there are several agencies in the
County working on disaster preparedness .
Appointment to the Environmental Management Council (EMC)
Motion to Appoint EMC Representative
A motion was made by Councilperson by Councilperson Gagnon and seconded by Councilperson
Strichartz that the Town Board of the Town of Danby recommends the re-appointment of Robert
Roe of 1820 Danby Road as the Town of Danby Representative on the EMC (Environmental
Management Council) for a term that begins January 1 , 2002 and expires December 31 , 2004 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Other Business :
Voucher from Come Telecommunications
Motion to Authorize Town Supervisor to Respond to Voucher from Come Telecommunications
A motion was made by Councilperson Gagnon and Seconded by Councilperson Strichartz that the
Town of Danby Town Board to write a letter to Dick Come, Come Telecommunications Services
to notifying Come that the Town objects to and disputes the invoice for $4,448 . 33 received on
September 12 , 2001 , and requests additional information related to the following :
1 ) Further itemization of that invoice showing who performed each item, and the reason and
need for such work.
2) Description of all times prior to that bill when Come ' s consulting engineer performed services
related to this application, including dates, fees charged, work conducted and reason and need for
such work.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Approval of Supervisor' s August 2001 Report
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the
Town Board of the Town of Danby approves the Supervisor' s August 2001 report as submitted .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
1392
8 Town Board Minutes
October 8 , 2001
Carried
Approval of the Town Clerk' s September 2001 Report
A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the Town Clerk ' s September, 2001 report as
submitted .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
APPROVAL OF WARRANTS :
General Fund Warrant No. 10 of 2001
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the General Fund Warrant No . 10 of 2001 voucher
numbers 386 - 428 in the amount of $ 12 ,322 . 04 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Highway Department Fund Warrant No. 10 of 2001
A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 10
voucher numbers 135 - 159 in the amount of $69,733 . 79 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
West Danby Water District Fund Warrant No. 10 of 2001
A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No .
10 of 2001 voucher numbers 37 - 40 in the amount of $ 376 . 72 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 22 p . m.
Carol W. Sczep i , Town Clerk
min- 10-08 . 01