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HomeMy WebLinkAbout1994-01-10 288 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 8 : 00 P . M . January 10 , 1994 PRESENT : Supervisor Oltz Councilpersons : Rosa Lee Johnson , Gail Miller , Joseph Schwartz ABSENT : Councilperson Roger Hile ( Excused ) Others Present : Town Clerk - Carol Sczepanski Code Enforcement Officer - Susan Beeners H ighway Superintendent - William Hall P lanning Board Chair - Nancy Weitzel Members of the Public : E dw . M . Roberts , Mary Ann Kozak S upervisor Oltz called the meeting to order at 8 : 06 P . M . and led all present to the Pledge of Allegiance to the American flag . Correction to December 27 , 1993 Town Board Meeting Minutes Page 16 - Adjournment to Executive Session - session requested by Supervisor Oltz . Approval of December 13 , and 27 , 1993 Town Board Meeting Minutes A motion was made by Councilperson Schwartz and seconded by Councilperson Miller to approve the December 13 , 1993 Town Board Minutes as published and the December 27 , 1993 Town Board Minutes as corrected . Carried Unanimously ADDITIONS TO THE AGENDA Councilperson Schwartz asked that a Resolution of Appreciation to Nancy Zahler and Janice Johnson be added to the Agenda . PRIVILEGE OF THE FLOOR Supervisor Oltz reported on the following : 1 ) CSEA Contract - she received a copy of the Draft CSEA Highway Department Contract this evening 2 ) SPCA Contract - has not received a copy of the SPCA Extended Contract 3 ) Diesel Fuel - will be purchased from Agway Highway Superintendent Wm . Hall reported the Highway Department has changed suppliers for diesel fuel from Griffith to Agway . Members of the Public : Mary Ann Kozak reported that the fire hydrant on Jennings Pond Road is buried in the snow . She has not been able to locate it to shovel the snow away . Highway Superintendent Hall responded that Highway personnel will clear the snow from the hydrant and mark it tomorrow morning . COMMUNICATIONS : The Town Clerk read a letter from the NYS Department of Transportation dated December 30 , 1993 regarding the Town ' s request for a lower speed limit on Coddington Road . The request for a reduced speed limit was denied at this time . Highway Department Report Highway Superintendent Wm . Hall reported on the following : 1 ) one of the Town plow trucks is in the garage for a major repair to 289 - 2 - Town Board Minutes January 10 , 1994 the transfer case , and ; 2 ) the Town has purchased a new spreader for the Brockway . Code Enforcement Officer Report Code Enforcement Officer Susan Beeners encouraged Board Members to attend an American with Disabilities Workshop ( ADA ) on Thursday , February 24 , 1994 at the Ithaca Holiday Inn P lanning Board. Report Chairperson Nancy Weitzel reported that the Planning Board held two ( 2 ) public hearings in December . 1 ) McCabe / Jayne Subdivision Proposal for a three ( 3 ) lot subdivision on Jersey Hill Road - proposal was denied . 2 ) Hardesty Proposal - still in review . S olid Waste Advisory Committee J oel Gagnon reported that there is no report at this time - - the committee is under re - organization . D iscussion followed regarding the possibility that the Supreme Court may declare that flow control is unconstitutional . O ther Reports Received : 1 ) Code Enforcement Office December 1993 Report 2 ) Highway Department December 1993 Report 3 ) Dog Control Officer December 1993 Report NEW BUSINESS S UPERVISOR ' S STATEMENT TO THE BOARD S upervisor Oltz read the following statement to the Board . Roberts Rules of Order will be followed at all Town Board Meetings except when special roll call vote is necessary . Roll call will be alphabetical with the Supervisor voting last . All meetings will begin at 8 : 00 P . M . and terminate no later than 10 : 00 P . M . Method of claims for payment of all bills will be by voucher . Vouchers must be submitted no later than Thursday preceding Town Board Meeting . Vouchers may be submitted to the Supervisor or Town Clerk . The Town Board in accordance with Town Law AT103 will audit all bills . All personnel matters will be discussed in executive session . ORGANIZATIONAL RESOLUTIONS : RESOLUTION NO . 1 OF 1994 APPROVAL TO INVEST IDLE FUNDS By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , that the Town Board of the Town of Danby authorize the Supervisor to invest idle funds . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO 2 OF 1994 By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , that the Town Board of the Town of Danby set the 1994 Annual Salaries as follows : Annual salaries to be paid monthly : Supervisor $ 9 , 615 / year Town Justices ( 2 ) $ 7 , 725 ( $ 3 , 862 each ) Town Clerk $ 11 , 557 / year Custodian $ 2 , 575 / year Court Clerk $ 2 , 781 / year Quarterly Salaries : 290 3 Town Board Minutes January 10 , 1994 Councilpersons ( 4 ) $ 6 , 300 ( $ 1 , 575 / each ) W ater District Clerk $ 2 , 300 / year Asst . Water District Plant Operator $ 700 / year B i - weekly Salaries : Code Enforcement Officer $ 15 , 759 / year H ighway Superintendent $ 28 , 325 / year W ater District Plant Operator $ 6 , 500 / year B i - weekly salaries paid hourly as needed : Code Enforcement Personnel $ 250 / year D eputy Town Clerk $ 2 , 060 / year Secretary ( s ) $ 5 , 460 / year B ookkeeper $ 7 , 000 / year Town Historian $ 100 per year honorarium - Paid in July and be it further RESOLVED , That the Town Board of the Town of Danby authorize the B upervisor to pay the above salaries prior to the first meeting of e ach month with December payrolls adjusted to meet all budget ✓ equirements . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 3 OF 1994 PAYMENT OF BILLS B y Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town Board of the Town of Danby approve a blanket resolution to authorize the Town Supervisor to pay utility bills , freight , postage , contracts and to conduct other normal proceedings such as payroll in advance of audit in order to keep affairs moving on a timely basis . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 4 OF 1994 1993 FINANCIAL REPORT B y Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town Supervisor , in lieu of preparing a financial report under Town Law # 29 - ( 10 ) shall submit to the Town Clerk by March 1 , 1994 a copy of the report submitted to the State Controller required by Section 30 of Municipal Law . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye Oltz Aye Carried Unanimously RESOLUTION NO . 5 OF 1994 AUTHORIZATION FOR PURCHASE OF TOOLS , EQUIPMENT , ETC . B y Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Highway Superintendent be authorized to purchase tools , equipment , small implements , tires and tubes , etc . in the amount of $ 5 , 000 at any given time without prior approval of the Town Board . 293 4 Town Board Minutes January 10 , 1994 A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 6 OF 1994 TOWN OF DANBY OFFICIAL NEWSPAPER AND BANK. DEPOSITORY By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town board name the Ithaca Journal as the Official Newspaper and the Tompkins County Trust Company as bank for the depository of Town Funds . A roll call vote on the resolution resulted as follows : J ohnson. Aye Miller Aye Schwartz Aye Oltz Aye Carried. Unanimously RESOLUTION NO . 7 OF 1994 TOWN OF DANBY ATTORNEY By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the firm of Barney , Grossman , Roth and Dubow be n amed as the law firm to represent the Town of Danby in all Zoning , Planning Board , and general Town of Danby business . The Town Board ✓ eserves the right of seeking other legal aid if it deems n ecessary . A roll call vote on the resolution resulted as follows : Johnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 8 OF 1994 TOWN MILEAGE By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town Board authorize the mileage for Town Business to be paid at twenty - eight cents ( $ . 28 ) per mile . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye O ltz Aye _ wed Unanimously RESOLUTION NO . 9 OF gp VOTING MACHINE CUSTODIANS AND INSPECTORS By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Voting Machine Custodians Edward M . Roberts and Leroy Decker will be paid as follows : Mr . Roberts $ 75 . 00 per service and Mr . Decker $ 60 . 00 per service . Election Inspectors will be paid at the rate of $ 5 , 00 per hour for service . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye Schwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 10 OF 1994 HIGHWAY IMPROVEMENTS REIMBURSEMENT By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town Board be authorized to sign I „ I 294 5 Town Board Minutes January 10 , 1994 an agreement that monies collected for repairs and improvements of Town Highways in the amount of $ 68 , 431 . 00 ( State Aid DA3501 ) be expended upon 72 . 74 miles of Town of Danby highways . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye Oltz Aye Carried Unanimously RESOLUTION NO . 11 OF 1994 WATER COMMISSIONER APPOINTMENT B y Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , that the Town of Danby Town Board approve the appointment o f John Sill as Water Commissioner for the West Danby Water D istrict for a five year term to begin January 1 , 1994 and to e xpire December 31 , 1998 . A roll call vote on the resolution resulted as follows : J ohnson. Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 12 OF 1994 APPROVAL OF DEPUTY TOWN CLERK By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town Board approve the appointment of Linda Howe and Donna Inman as Deputy Town Clerks . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 13 OF 1994 TOWN BOARD MEETINGS By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town Board regular monthly meetings be scheduled for the second Monday of each month for the year 1994 . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously RESOLUTION NO . 14 OF 1994 APPROVAL OF COURT CLERK By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town of Danby Town Board approve the appointment of Theresa O ' Connor as Danby Court Clerk . A roll call vote on the resolution resulted as follows : J ohnson. Aye Miller Aye S chwartz Aye O ltz Aye Carried. Unanimously RESOLUTION NO . 15 OF 1994 APPROVAL OF CODE ENFORCEMENT OFFICER FOR 1994 By Councilperson Miller : Seconded by Councilperson Schwartz 295 6 Town Board Minutes January 10 , 1994 RESOLVED , That the Town of Danby Town Board appoint Susan Beepers as Code Enforcement Officer for the Town of Danby for 1994 . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye Schwartz Aye O ltz Aye i Carried Unanimously YOUTH COMMISSION UPDATE Councilperson Schwartz reported that he and Councilperson Miller h ave looked at a series of surrounding townships youth commission g uidelines as models for the development of a Danby Youth Commission . The Board reviewed and amended a the Draft Operating G uidelines for Danby Youth Commission . RESOLUTION NO . 16 OF 1994 OPERATING GUIDELINES FOR DANBY YOUTH COMMISSION - Approved B y Councilperson Miller : Seconded by Councilperson Schwartz AUTHORITY : The Danby Youth Commission was created by Resolution No . 38 of 1993 o f October 10 , 1993 by the Town of Danby Town Board pursuant to Articles 95 and 13 of the General Municipal Law . Article 95 charges Youth Commissions with the responsibility for coordination o f youth programming within the municipalities and Article 13 e nables municipalities to create joint recreation commissions which may include youth service programming as well . PURPOSE : The purpose of the Youth Commission is to recommend policies , plans and procedures to the Danby Town Board to enable the development , implementation and coordination of effective programs that meet the ✓ ecreational and developmental needs of youth . RESPONSIBILITIES : The Youth Commission is empowered to : 1 . Access the needs and priorities of the youth of the community and develop programs to meet these needs ; 2 . Analyze the existing recreation and youth service system , d etermine the unfilled needs and services , design programming t o avoid duplication and to enlist the participation of all youth ; 3 . Review all requests for municipal funds for youth programs and shall recommend to the Town Board programs to be operated directly by the municipality or through contracts with q ualified agencies ; 4 . Reassess programming periodically to assure that it is , in fact , meeting the needs for which it was originally designed ; 5 . Inform the public of the existence and goals and duties of the Youth Commission , so as to enlist maximum participation and support for youth programming ; 6 . Encourage the active participation of young people through t he appointment of non - voting youth members to the Youth Commission ; 7 . Explore and evaluate a variety of sources for the funding of youth programs . The Commission is encouraged to seek sources of funding other than Town tax dollars and to apply for such funds with approval of the Town Board . 296 7 Town Board Minutes January 10 , 1994 8 . Maintain a direct line of communication between the Commission and the Town Board ; 9 . Recommend potential County Youth Board members to the Town t oard when vacancies occur . MEMBERSHIP : 1 . The Youth Commission shall be comprised of seven ( 7 ) voting members all of whom shall be appointed by the Town Board ; 2 . The Youth Commission should reflect the diversity of the community and include representatives of all socioeconomic and geographical sub - sections of the Town . A clear , systematic method for the recruitment and maintenance of this group can lead to satisfaction , longevity , and interest on the part of members and effectiveness in assuring quality programs for youth . ( See attached list for suggestions . ) 3 . The terms of the members appointed shall be staggered terms of t hree ( 3 ) years ; 4 . The Town Board shall appoint a non - voting member liaison from t he elected board to the Youth Commission annually . 5 . In the event of a vacancy , the Town board will appoint a member to fill the unexpired term , Commission members are e ncouraged to recommend appointees . 6 . All voting members must be at least 16 years of age ; 7 . Terms for voting members begin January 1 ; 8 . While members are eligible to be reappointed , at least annually one seat will be filled by a new member ; 9 . Representatives from any program funded by the Town shall attend Commission meetings as required to report to and advise t he Youth Commission and to assure coordination of commission - sponsored programming ; 10 . The representative to County Youth Board shall serve as a liaison to the Youth Commission . OFFICERS : 1 . The officers of the Youth Commission shall consist of a Chairperson , a Vice Chairperson and a Secretary ; 2 . Additional offices may be established by the Youth Commission if needed to ensure the proper functioning of the Commission ; 3 . The Chairperson shall preside at all the meetings and discharge the duties pertaining to the office . The Chairperson shall appoint all committees and committee chairs ; 4 . The Vice Chairperson shall perform the duties of the Chairperson in the absence of that officer ; 5 . The Secretary shall keep an accurate record of all meetings of t he Commission to be kept on file in the Commission files which shall be maintained by the Commission Secretary . A copy o f all minutes shall be forwarded to the Town board ; 6 . The Term of Office shall be for one year , commencing at the first meeting of the new calendar year where the first order o f business shall be the election of new officers nominated by t he members of the Commission ; 297 8 Town Board Minutes January 10 , 1994 MEETINGS / PROCEDURES : 1 . The Youth Commission shall schedule open meetings and may establish by - laws and rules of procedure as are necessary to conduct business ; 2 . Roberts Rules of Order shall be the authority on all questions of Parliamentary Procedure ; 3 . A quorum shall consist of four ( 4 ) members and a simple majority shall be required to adopt recommendations . 4 . The Town of Danby municipal office shall be designated as the address of record and repository for all records and official correspondence of the Youth Commission . 5 . Minutes of each meeting shall be sent to Commission members and Town Board liaison . AMENDMENTS : 1 . Any and all of the aforementioned may be amended at any regular meeting of the Youth Commission by a majority vote of t he Commission , provided that the proposed amendment has been presented for discussion at the meeting immediately preceding t he vote and mailed to all Commission members at least three d ays prior to the meeting at which it is to be considered for adoption . 2 . All amendments are subject to approval of the Town of Danby Town Board . FISCAL AND PROGRAMMATIC AFFAIRS : 1 . The Danby Town. Board has the general power and control over t he fiscal affairs and expenditures of the Youth Commission ; 2 . The set of program and funding recommendations shall be adopted by the Youth Commission , signed by the Chairperson , and recommended to the Danby Town Board by September , for consideration as part of the municipal budget for the upcoming year . Additional recommendations or changes may be submitted by the Youth Commission as needed ; 3 . The Youth Commission shall determine the nature and frequency of program reports to be required of Commission sponsored programs ; 4 . The Youth Commission shall report monthly to the Town Board . COMMITTEES : 1 . Shall be appointed as needed and may include non - commission members . A roll call vote on the resolution resulted as follows : Johnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously Councilperson Miller requested that the Town Clerk request the list of attached suggestions that were to be attached to this document . Councilpersons Miller and Schwartz said that a notice would be published in the Danby Area News asking for volunteers to serve on the Youth Commission . The Board would like to make appointments to 29 9 Town Board Minutes January 10 , 1994 the commission at the February meeting . RESOLUTION NO . 17 OF 1994 APPRECIATION TO COUNTY YOUTH BUREAU By Councilperson Schwartz : Seconded by Councilperson Miller WHEREAS , the Danby Town Board has created a Youth Commission to assess , plan and recommend Town youth programs and services , and WHEREAS , the creation of said Youth Commission was aided by the professional assistance of Nancy Zahler and Janice Johnson of the Tompkins County Youth Bureau , therefore be it RESOLVED , that the Town of Danby extends its appreciation to Janice Johnson and Nancy Zahler of the Tompkins County Youth Bureau for their valuable assistance in creating the Town of Danby Youth Commission . A roll call vote on the resolution resulted as follows : Johnson Aye Miller Aye Schwartz Aye Oltz Aye Carried Unanimously Councilperson Schwartz asked the Town Clerk to send a copy of Resolution No . 17 , 1994 to Representative Frank Proto and Stuart Stein for their information . Supervisor Oltz thanked Councilpersons Miller and Schwartz for their work on setting up the guidelines for the Danby Youth Commission . Publication of Town Board Meetings for Danby Area News Councilperson Miller said that she is concerned that the public is not informed of what happens at Town Board Meetings . The Town Clerk in the past was publishing an abbreviated form of the Town Board Minutes in the Danby Area News and would like to see this continue . RESOLUTION NO . 18 OF 1994 PUBLICATION OF TOWN BOARD ACTIVITY - DANBY AREA NEWS - Approved By Councilperson Miller : Seconded by Councilperson Schwartz RESOLVED , That the Town Board of the Town of Danby authorizes the Town Clerk to provide to the Danby Area News abbreviated minutes from each regular Town Board Meeting to be published in the subsequent month , and be it further RESOLVED , that it be stated in the publication that complete minutes are on file and available to the public . A roll call vote on the resolution resulted as follows : J ohnson Aye Miller Aye S chwartz Aye O ltz Aye Carried Unanimously APPROVAL OF WARRANTS : The Town Board reviewed the General Fund Warrant No . 1 of 1994 and the Highway Fund Warrant No . 1 of 1994 . D iscussion : S upervisor Oltz reported to the Board that some of the expenses on the warrants would be charged to 1993 expenses . 993 10 Town Board Minutes January 10 , 1994 Motion to Approve General Fund Warrant No . 1 of 1994 A motion was made by Councilperson Miller and seconded by Councilperson Schwartz to approve the General Fund Warrant No . 1 of 1994 , vouchers numbered 1 - 30 . Voucher No ' s . 23 , 28 and 29 to be moved to the Highway Fund Warrant No . 1 of 1994 . in the amount of $ 18 , 008 . 07 . i A roll call vote on the motion resulted as follows : Johnson Aye Miller Aye • Schwartz Aye O ltz Aye Carried Unanimously Motion to Approve Highway Fund Warrant No . 1 of 1994 A motion was made by Councilperson Schwartz and seconded by Councilperson Miller to approve the Highway fund Warrant No . 1 of 1994 , vouchers numbered 1 - 13 in the amount of $ 91 , 436 . 94 and includes the payment of $ 83 , 067 . 00 for the John Deere Loader . A roll call vote on the motion resulted as follows : J ohnson Aye Miller Aye Schwartz Aye . Oltz Aye Carried Unanimously Motion to Approve Town Supervisor ' s December 1994 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Miller to approve the Town Supervisor ' s December 1994 . i Report as submitted . A roll call vote on the motion resulted as follows : J ohnson Aye Miller Aye S chwartz Aye Carried Unanimously Motion to Approve Town Clerk ' s December 1994 Report A motion was made by Councilperson Miller and seconded by Councilperson Schwartz to approve the Town Clerk ' s December 1994 report as submitted . J ohnson Aye Miller Aye S chwartz Aye Oltz Aye Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 9 : 40 P . M . (11/4v( „ :mm4.44:- Carol W . Sczeg i , Town Clerk Min - 1 - 10 . 94