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
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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 :
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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 .
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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
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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
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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 .
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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 ;
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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
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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 .
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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