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HomeMy WebLinkAbout2006-12-11 149 Town Board Minutes December 11 , 2006 TOWN OF DANBY TOWN BOARD MINUTES DECEMBER 11 , 2006 PRESENT : Supervisor Fredric Dietrich Councilpersons : Eugene Beavers, Norbert Nolte, Gladys Varona-Lacey ABSENT Joseph Salino (excused) Others Present : Carol Sczepanski - Town Clerk Tracy White - Highway Department Secretary Ted Jones - Bookkeeper Patrick Caveny - Fire Commissioner Matt - Fire Department Representative Members of the Public : David Noteboon, Roy Casterline, Joseph Husband, Ames Brown, Ronda Roaring Supervisor Dietrich called the meeting to order at 6 : 35 p .m. and led all present to the Pledge of Allegiance to the American Flag. ADDITIONS TO AGENDA: Councilperson Beavers requested discussion on the Legal Contract submitted by our Town Attorney be added to the Agenda - No Councilperson objected. REPORTS : Fire District Report : Fire Commissioner Pat Caveney and Matt reported that the Annual District Fire for Commissioner for a five (5 ) year term will be held on Tuesday December 12 . There are three candidates - Monique Fairchild (a current commissioner) , Matt Cooper and Rick Dobson. The election is from 6 - 9 P .M . at the Danby Fire Station and the West Danby Fire Station. The building committee will be reviewing updated architect drawings . The district held election of officers . Members of the Public : Roy Casterline reported that he has noticed that the roads are being cindered and salted before the school busses make their pickups . Last winter Newfield had to be called on a few occasions because some of our roads were not cleared. Ames Brown - when is Time Warner Contract going to be revised? Supervisor Dietrich reported that we are still operating on a Temporary Operating Agreement until the end of the year. We have not signed a contract at this time . Ronda Roaring - said that the Board should make an effort to appoint a temporary Justice soon to fill the vacancy. Highway Report - Monthly report for November received . Carl Seamon reported that the Highway Department has been busy ditching and filling pot holes and have replaced a pipe on Michigan Hollow Road. All of the vehicles are being repaired and readied for winter. They have been working with Sue Beeners on the remediation drainage system. Zoning - No monthly report submitted. Planning Board - October Minutes and Public Hearing Minutes have been submitted to the Board. Community Council - No Report 1 : { 450 2 Town Board Minutes December 11 , 2006 Beautification Committee - The round-abouts at the traffic pull-off and at Lane ' s have been planted. Approximately 3000 bulbs have been planted along 96B . Recreation Partnership - no update . Senior Citizens Carol Sczepanski reported that the annual Christmas Dinner was catered this year and was attended by 40 seniors . Election of Officers was held and new officers are - President - Carol Sczepanski, Vice Presidents - Ted and Connie Merritt, Secretary - Mary Oltz, and Nancy Weitzel - Treasurer. The next meeting will be held on January 4, 2007. OLD BUSINESS Two Proposed Local Laws were submitted by the Code Enforcement Officer with a request to set public hearing dates. Proposed Local Law - "Amending the Zoning Ordinance of the Town of Danbv Related to Permits to Build, Board of Appeals and Planning Board" and "Providing for the Administration and Enforcement of the New York State Uniform fire Prevention and Building Code" Proposed Local Law - Amending the Zoning Ordinance of the Town of Danby Related to Permits to Build, Board of Appeals and Planning Board. Discussion : Councilperson Beavers said that under Alternate Member(s) section b . it says that the Planning Board Chairperson may designate an alternate member to substitute for a regular member in the event a regular member is unable to participate because of any reason enumerated above . He said that his problem is that there are two(2) alternates . The Chairperson may want to call one person as a substitute all the time and not the other. He thinks that they should alternate the alternates . There is also no language that is specific that if a member of the Planning Board drops out. It should state that the Town Board will appoint a Planning Board Member and not that you can just keep using an alternate . It should be that the alternate does not automatically take over. The language should be clear and to the point not vague. This local law needs language clarification. Supervisor Dietrich asked Councilperson Beavers to outline his request for the language clarification for the Alternate Members in section b when the Code Enforcement Officer returns . No Public Hearing Date was set for the proposed local laws . CSEA - Possible Approval of Agreement Supervisor Dietrich reported that the Board needs additional information before signing the agreement. Councilperson Beavers would like to read the final draft and that the Town not be locked into job description. Councilperson Nolte said that the Board needs a complete copy of the new Agreement. NEW BUSINESS : Year-End Meeting Date Set A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Nolte that the Year-end Meeting date be set for Wednesday, December 27, 2006 at 6 : 30 p .m. Ar roll call vote on the motion resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye 151 3 Town Board Minutes December 11 , 2006 Varona-Lacey Aye Dietrich Aye Carried Councilperson Varona-Lacey requested permission to be excused from the Year-end Meeting. RESOLUTION NO. 104 OF 2006 APPROVAL OF PLANNING INTERN By Councilperson Nolte : Seconded by Councilperson Beavers WHEREAS, the 2007 Budget adopted by the Town included an account A8020.401 Comprehensive Plan - an allocation for a Planning Intern, and WHEREAS, the Code Enforcement Officer upon consultation with the Planning Board has recommended that Chelsey Norton be retained as such a Planning Intern, and WHEREAS, the Town Board has reviewed a Preliminary Scope of Work - Planning Intern as transmitted by the Code Enforcement Officer related to such internship now therefore it is RESOLVED, that the Town Board of the Town of Danby approves the retention of Chelsey Norton as Planning Intern for the period of January 1 through May 31 , 2007, a a maximum amount of $4, 560, paid from account A8020.401 ; and it is FURTHER RESOLVED, that the Town Board will further consider the retention of Chelsey Norton for the period of June 1 through August 31 , 2007 , subject to further revie3w and approval. A roll call vote on the resolution resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 105 OF 2006 APPROVAL FOR ASSISTANCE FROM THE TOWN HIGHWAY DEPARTMENT FOR TREE REMOVAL, DRAINAGE, AND PERMISSION TO PROCEED WITH REPAIRS TO THE PUMPHOUSE By Councilperson Beavers : Seconded by Supervisor Dietrich WHEREAS, the Town Board has received a request for assistance from the Danby Highway Department to remove some trees overhanging the Water District Pump House, and permission to proceed with a new roof and repair to exterior updates on the pumphouse, now be it RESOLVED, that the Town Board of the Town of Danby approves the request for Danby Highway Department assistance for tree removal at the West Danby Water District Facility, and FURTHER RESOLVED, approves the request to replace the roof on the pumphouse and exterior updates on the facility. A roll call vote on the resolution resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION 106 OF 2006 APPROVAL OF CONTINUING IN THE TOMPKINS COUNTY CONSORTIUM - DRUG AND ALCOHOL TESTING THROUGH DECEMBER 31 , 2007 By Councilperson Varona-Lacey: Seconded by Councilperson Nolte - x. 52 4 Town Board Minutes December 11 , 2006 WHEREAS, the Town of Danby wishes to continue to participate in the Tompkins County Drug and Alcohol Testing Consortium from January 1 , 2007 thru December 31 , 2007 ; now , therefore it is RESOLVED, that the Town Board of the Town of Danby agrees to participate in the Tompkins County Drug and Alcohol Testing Program for a period of January 1 , 2007 thru December 31 , 2007 ; and be it FURTHER RESOLVED, that an executed copy of the Tompkins County Drug and Alcohol Testing Policy for the year of 2007 will be filed with the Town Clerk of the Town of Danby. A roll call vote on the resolution resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 107 OF 2006 TRANSFER OF FUNDS - HIGHWAY DEPARTMENT By Councilperson Varona-Lacey: Seconded by Councilperson Beavers WHEREAS, the Town of Danby Highway Department is request a transfer of funds from Highway Fund Balance, in the amount of $ 11 ,207 . 18 to account DA5110 .400 (General Highway Repairs) line item to cover current negative balance and future charges for 2006, and WHEREAS, the Town of Danby has received a check from the Office of Emergency Management, for reimbursement to Highway work from "Disaster # 1650 flooding" in the summer of 2006 ; NOW, r THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby approves the transfer of funds from the Highway Fund Balance to DA5110.400 . A roll call vote on the resolution resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 108 OF 2006 TO ALLOW THE HIGHWAY DEPARTMENT TO SEND ITEMS TO THE "LIQUIDATION OF EXCESS EQUIPMENT" AUCTION - DECEMBER 14, 2006 By Councilperson Beavers : Seconded by Councilperson Nolte WHEREAS, the Town of Danby Highway Department will submit items to the "Liquidation of Excess Equipment" auction to be held in Candor by the Keeney Auction Company on December 14, 2006 , and WHEREAS, the items to send to the auction include the 1977 Brockway, the 1966 V-Bottom, the 1964 Miller Portable Welder/Generator, 1983 3 -Homelite water pumps, a 1962 Roger Low-Bed Trailer, and a Dump Box and Hoist, now therefore, it is RESOLVED, that the Town Board of the Town of Danby authorizes the Town of Danby Highway Department to send the above items to the "Liquidation of Excess Equipment Auction" in Candor, New York to be held on December 14, 2006 . 153 5 Town Board Minutes December 11 , 2006 A roll call vote on the resolution resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 109 OF 2006 JOB TITLE AND JOB DESCRIPTION FOR DEPUTY HIGHWAY SUPERINTENDENT By Supervisor Dietrich: Seconded by Councilperson Beavers WHEREAS, The Town of Danby Highway Department creates the title "Assistant (Deputy) Highway Superintendent" to replace the current job title of Deputy Highway Superintendent; and WHEREAS, the job title "Assistant (Deputy) Highway Superintendent has been approved by CSEA and will be added to the active Town and CSEA Union Agreement and become a position within the union contract for current and future employees ; and WHEREAS, Tompkins County Personnel have instructed the Town on properly updating the position of Deputy Highway Superintendent to "Assistant (Deputy) Highway Superintendent '; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby accepts said resolution as it is written and allows the Town of Danby Highway Department creates the Job Title "Assistant (Deputy) Highway Superintendent to replace A roll call vote on the resolution resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Legal Services Agreement - Miller Mayer, LLP Councilperson Beavers reported he had read the agreement and it lists the terms and conditions of the signed agreement. It states how the billing cycle will be charged for services for billable hours but does not distinguish who has permission to call on behalf of the Town. He thinks billable hours should be limited to certain boards or people who are town employees should be listed. He would like to see that provision in the agreement. Supervisor Dietrich said that he does not see a problem with adding language to the agreement of who is approved to contact our legal council . In the past they have asked permission from him. He said that he will make sure that who can seek legal council from the town is added to the language in the agreement. Supervisor Dietrich will make sure that persons who can seek legal advise from the Town Attorney will be added to the agreement language. County Legislature Report Representative Frank Proto reported that the State has issued possible closing and consolidation of hospitals and nursing homes in the State and included Lakeside Nursing Home, sales tax credit reimbursement for 2006 for Danby was $ 510 , 000 and for 2007 will be $4. 02 per $ 1 ,000 on the county levy. He also reported on the District Youth Award, Advisory Board for T-Cat and Empire Zones . Approval of Supervisor' s November 2006 Report A motion was made by Councilperson and seconded by Councilperson Varona-Lacey that the Town iI i { I 154 ; 6 Town Board Minutes December 11 , 2006 Board of the Town of Danby approves the Supervisor' s November Financial Report as submitted. A roll call vote on the motion resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Carried Approval of the Town Clerk' s November 2006 Report A motion was made by Councilperson Nolte and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the Town Clerk' s November 2006 report as submitted. A roll call vote on the motion resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried APPROVAL OF WARANTS General Fund Warrant No. 12 of 2006 A motion was made by Councilperson Beavers and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the General Fund Warrant No . 12 of 2006 in the amount of $ 10,299 . 61 vouchers numbered from 495 -527 . A roll call vote on the motion resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Highway Department Fund Warrant No. 12 of 2006 A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 12 of 2006 in the amount of $25 ,990. 54 vouchers numbered 157- 171 . A roll call vote on the motion resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried West Danby Water District Fund Warrant No. 12 of 2006 A motion was made by Councilperson Beavers and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 12 of 2006 in the amount of $627 . 04 vouchers numbered 60-63 . A roll call vote on the motion resulted as follows : (Councilperson Salino absent) Beavers Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried 155 f 7 Town Board Minutes December 11 , 2006 ADJOURNMENT : On a motion the meeting adjourned at 8 : 00 . (9dJa/Y' �aih Carol W . Scz -1.4 i, Town Clerk min- 12- 11 -06