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HomeMy WebLinkAbout1997-12-08 7 9 3 Town Board Minutes 1 December 8, 1997 TOWN OF DANBY TOWN BOARD MINUTES DECEMBER 8, 1997 6 : 00 P.M. Regular Meeting PRESENT : Supervisor Mary Oltz Councilpersons : Mary Lou Hardesty, Edward Inman, Joseph Schwartz, Howard Steiner Others Present : Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Frank Proto - County Representative Members of the Public : Roy and Mary Casterline, Olivia Vent, Dawn Parks , Jon Hutal , Matt Pochily, Margaret and John Henderson, Dorothy and Willard Daetschk, Josefina Griffin, Pat. Woodworth, Joel Gagnon, George Hall , Bill Hall , Dan Klein, Raphael Deats , Jarrett Souter-Klein, Robert Roe , Naomi Strichartz. Supervisor Oltz opened the meeting at 6 : 00 P . M . and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO THE AGENDA : 1 ) Councilperson Steiner requested an Executive Session of the Board to discuss CSEA Contract Negotiations Update and personnel matters . 2) $mart Review Application - Resolution 3 ) Report on "Danby Needs Survey" . 4) Review on status of the Comprehensive Plan 5) Appointment to Tompkins County Environmental Management Council (EMC) 6) Authorization for Town Clerk to purchase Copy Machine PRIVILEGE OF THE FLOOR: Olivia Vent - addressed the Town Board with two concerns : 1 ) a shelter for the Park-and-Ride riders who are picked up at the Danby Fire Station. A shelter is desired as residents must sit in their cars in bad weather and then run for the bus . She suggested that a shelter be build on the east of 96B across from the Fire Station parking lot. Tompkins County will provide the shelter but permission must be obtained from the land owner and 2) for the Historic Ithaca project of Danby buildings and sites we can have pictures of buildings over 50 years old or all buildings in Danby. She would like to recommend that pictures be taken of all the buildings in Ithaca as there is not an additional cost to the project to make the record a more useful document . Josephina Griffin - reported that the "Danby Needs Survey" has been completed and the results will be reported to the Town early in 1998 . The response to the survey was not as large as they had hoped for. Joel Gagnon - reported that there have been eight (8 ) entries to the Christmas lighting contest . COMMUNICATIONS : 1 ) Resignation of Board of Zoning Appeals Member - Charles Cole 2) Draft Purchase Offer - Old Town Barns 3 ) Job Description - Assistant Code Enforcement Officer 4) Response from NYS Department of Transportation regarding speed limit on Pond Road 5) Letter to Board from Mr. Robert Chase regarding speeding traffic on Comfort Road due to the opening of the bridge requesting a speed limit to protect multiple users . Supervisor Oltz has received the following communications : 1 ) Resignation of the Danby Reading Room Director\Coordinator Joanne Denison. Patty 5 4 Town Board Minutes 2 December 8 , 1997 Meyers is the interim Director\Coordinator. 2) Notice from Time Warner of a cable rate adjustment to be effective January 1 , 1998 . The cable company will begin the installation of a fiber optics line in Danby beginning in January of 1998 . 3 ) N . Y . S . Planning Federation Application Grant - Grants will not be awarded until after January 1998 . 4) HUD Grant awards decisions will not be made until the end of December 1997 . 4) Letter from Tompkins County Department of Planning regarding lands in the Draft State Open Space Conservation Plan are located in the Town of Danby . The lands in Michigan Hollow are listed in the project . Public Hearings on the project will be held in both Binghamton and Syracuse . 5 ) Blue Cross/Blue Shield insurance premiums will be increased due to a New York State requirement for Chiropractor services . 6) Tompkins County Municipal Officials and are asking if municipalities are interested in having Larry Monroe or Dick Comme write a quality ordinance and application regarding communication towers . Robert Roe submitted copies to the Code Enforcement Officer of provisional and sample ordinances for communication towers from several other locations to be copied for the Board to review . 7) A contract has been received from Tompkins County for youth services for the period of 1 / 1 /97- 12/31 /97 . Supervisor Oltz asked the Board to authorize her to sign the contract with the County so that the 1997 funds can be released to the Town. 8 ) Shelter Tech was asked to reimburse the Town a fee of $ 3 , 900 . 00 for services related to a subdivision known as Fieldstone Circle . The fee has not been received at this time . The Town Attorney is negotiating with the attorney from Shelter Tech . C . j 9) Community Council submitted a request in the amount of $ 1 , 129 . 00 to pay for New York 1 State Unemployment Insurance . The Town has not received funds from Tompkins County Youth Bureau at this time . Supervisor Oltz suggested that Community Council present the Town Board with a resolution and a voucher and an actual bill showing with the exact amount of the request . Discussion : Councilperson Steiner asked if there were any remaining funds in the accounts of Community Council to cover part of the Unemployment Insurance due . He suggested that part of the obligation be paid out of the funds available in the Community Council accounts . Pat Woodworth presented the Board with a Community Council budget report and explained that approximately $200 - $ 300 of the funds on hand represents an over payment on an insurance refund; f of the $967 . 00 in the account $765 .00 are to pay existing bills . Supervisor Oltz said that the Town has not received funds from Tompkins County for 1997 expenses at this time . The insurance can be paid as soon as the Town receives the payment from Tompkins County for 1997 youth services . The payment from the County may not arrive until 1998 and the Unemployment Insurance cannot be paid until payment has been received . Councilperson Inman said that if Community Council does not file a 501C at this time there would 1 be $465 .00 additional monies until the County funds are available allowing them to pay $ 514 . 00 of the Unemployment Insurance and leave approximately $200 . 00 in the account . RESOLUTION NO. 73 AUTHORIZATION FOR TOWN SUPERVISOR TO SIGN CONTRACT WITH TOMPKINS COUNTY FOR FUNDS FOR YOUTH SERVICES 1 By Councilperson Steiner : Seconded by Councilperson Schwartz WHEREAS, the Town of Danby has received a contract from Tompkins County to release payment I 95 Town Board Minutes 3 December 8, 1997 to the Town of Danby for youth services for the fiscal year 1997, January 1 , 1997 thru December 31 , 1997, and WHEREAS, the Tompkins County Contract for youth services must be signed by the Town before funds for youth services can be released to the Town; now be it RESOLVED, that the Town of Danby Town Board authorizes the Town Supervisor to sign the contract with Tompkins County for the release of funds for youth services for the fiscal year 1997, January 1 , 1997 thru December 31 , 1997 . A roll call vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO . 74 AGREEMENT TO PAY FOR COMMUNITY COUNCIL UNEMPLOYMENT INSURANCE By Councilperson Steiner : Seconded by Councilperson Inman WHEREAS,Comrnunity Council has a deficit of $ 1 , 129 . 00 to pay New York State Unemployment Insurance for past due premiums, and WHEREAS , the Town of Danby will receive $2 , 000 . 00 from Tompkins County for 1997 youth services, and WHEREAS, Community Council has made a request to the Town of Danby in the amount of $ 1 , 129 . 00 to be paid from the Tompkins County youth services 1997 allocations, now be it RESOLVED, that the Town of Danby Town Board authorizes the Town Supervisor to draw a check for the payment of the Community Council New York State Unemployment Insurance payment as soon as the 1997 allocation has been received from Tompkins County, and be it further RESOLVED , that a voucher must be submitted to the Town payable to New York State Unemployment Insurance before a check for payment may be drawn. A roll call vote on the resolution resulted as follows : Hardesty Nay Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Purchase of Old Town Barns Supervisor Oltz reported that the Town has received a purchase offer from Peter Trutman and Olivia Vent for the Town Highway Barns located at 13 Bald Hill Road. The purchase offer is basically an as is sale . The Board reviewed the Councilperson Schwartz said that the Board had discussed building a salt shed and a structure for the storage of equipment that is now stored at the Bald Hill Road Highway Barn property. He would like to insure that funds from the sale has been earmarked to provide that storage . ,,, `6 5 6 Town Board Minutes 4 December 8, 1997 RESOLUTION NO 75 OF 1997 FUNDS FROM SALE OF OLD TOWN BARNS EARMARKED TO PROVIDE A COLD STORAGE SHED FOR THE HIGHWAY DEPARTMENT By Councilperson Schwartz: Seconded by Councilperson Inman RESOLVED, that the Town of Danby Town Board earmark monies received from the sale of the Old Town Highway Barns at 13 Bald Hill Road to build a cold storage shed at their facilities on I Hornbrook Road for the Town of Danby Highway Department to use as a salt storage and a storage 1 facility for equipment, and it is further RESOLVED , that this cold storage facility is to replace the storage space that is used at the Highway Barns located at 13 Bald Hill Road. Discussion: Councilperson Steiner said that he would not like to designate that amount of money anything specific as we do not know what that money may be needed for. Councilperson Schwartz said that the highway department really needs a storage shed . It has been established to his satisfaction that the highway department needs a storage space there . With the monies from the highway barns sale it will be possible to build a pole barn type structure with gravel floor with adequate space . He wants to make sure that the highway department gets these facilities . Councilperson Inman said that a storage facility should be large enough to be used as a salt shed storage as well as cold storage . Supervisor Oltz said that the Town has a reserve account for the highway department and possibly 1 those funds could be made available for a cold storage facility . A roll call vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Nay I Oltz Nay Carried I a PURCHASE OFFER FOR TOWN BARN PROPERTY - 13 BALD HILL ROAD Supervisor Oltz asked the Board to review the revised purchase offer received from Attorney John Barney dated November 26 , 1997 from Peter Trutmann and Olivia Vent for the purchase of the Town Barn Property located at 13 Bald Hill Road. She asked the Board for authorization to sign the purchase offer. 1 RESOLUTION NO. 76 OF 1997 AUTHORIZATION OF SUPERVISOR TO SIGN PURCHASE OFFER FOR THE TOWN BARN PROPERTY LOCATED AT 13 BALD HILL ROAD FROM PETER TRUTMANN AND OLIVIA VENT IBy Councilperson Inman : Seconded by Councilperson Schwartz WHEREAS, the Town of Danby Town Board has received a purchase offer from Peter Trutmann I and Olivia Vent tor the Old Town Barns located at 13 Bald Hill Road, and I WHEREAS, the Town Attorney has reviewed and revised the purchase offer for the Old Town 1 Barns proerty at 13 Bald Hill Road, now it is � Town of Danby Town Board authorizes p es the Town Su ervisor to sign the revised purchase offer from Peter Trutmann and Olivia Vent for the Old Town Barns located at 13 I RESOLVED , that the Bald Hill Road. F 1 1 l £ t It 7 9 7 Town Board Minutes 5 December 8, 1997 A roll call vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously REPORTS : County Representative Report Representative Frank Proto reported on the following : 1 ) Solid Waste Fee - household curbside solid waste fee was reduced in 1998 to $ 53 . 00 2) Ithaca College Conference on Racism -- Ithaca College hosted a conference on Racism for the community and received mixed reviews and there needs to be more work on this issue . 3 ) HUD Grant Program -- have been awarded a second grant that permits a 1 % down payment to home buyers to purchase homes . There have been 62 homes purchased through the previous grant in Tompkins County. 4) N.Y. S. Sanitary Code--the County will begin reviewing again the Article 6 section of the N. Y. S . Sanitary Code . They have completed the sewage portion and will be reviewing the water quality section that deals with well water and public water supplies . 5 ) Water Quality Steering Committee -- has been divided into two committees . 1 ) Planning Committee for professional engineers; and 2) representatives of municipalities, and at large individuals . 6) Comfort Road Bridge -- is open -- road sinage for speed and caution seems adequate . The cap on the road and shoulders need to be completed . 7) County 1998 Budget -- has been passed and there is a decrease of approximately 1 . 6% . 8) Human Services Building Complex - - new facility is now open . 9) Sheriffs Department Overruns -- due to the boarding out of prisoners and the overcrowding of our jail facilities . 10) Rural Affairs Committee - - Items on the Agenda include 1 ) making an offer for consolidation of certain services to highway and engineering departments and municipalitiesforbuying certain items in quantity and consolidating purchases and 2) making services available to municipalities for professional engineering services . New Job Description --Assistant Code Enforcement Officer The Town Board has received a request from the Code Enforcement Officer to upgrade the Office Assistant Secretary to Supervisor job description to a position entitled "Assistant Code Enforcement Officer" . A draft job description was presented for the Board to review. Discussion : Councilperson Steiner said that within the job description there was a definition of hours and hours required for a part time position can increase or decrease dependent on need . Supervisor Oltz said that the job description must be reviewed and approved by Tompkins County Personnel Department to make sure the description meets Civil Service requirements and approval . EMC - Report Robert Roe reported that the Land Uses Committee of the EMC are now in the process of reviewing the New York State Open Spaces draft proposal . There is a SEQR Review coming up related to a gravel pit in the Town of Groton, there will be two (2 ) additional meetings held on the recent oil spills in the creeks of Tompkins County. The Land Uses Committee will be reviewing a document dealing with the response from Cornell and the public on lake source cooling . Highway Report Highway Superintendent William Hall reported that the Highway ' s request from the County for snow removal has dropped 38 -40% last year due to the NYS reimbursement to the County . He is working on the 1998 proposed work schedule for roads and specifications for a truck . 98 Town Board Minutes 6 December 8 , 1997 Senior Citizens Report Carol Sczepanski reported that the Seniors had a Christmas Dinner on December 4 , 1997 at the Common Ground and more than 40 seniors attended . There will be no meeting in January. Dog Enumeration The S . P . C .A . has started the dog enumeration in Danby and many new dogs are being registered . Bob Roe reported to the Board that he would like to thank the members of the Town Board , Town Clerk for their intervention in terms of the S . P . C . A . in their ability to respond to dog calls . RESOLUTION NO . 77 OF 1997 AUTHORIZATION FOR SUPERVISOR TO SIGN CONTRACT FOR MEMBER ITEM FUNDING ASSISTANCE By Councilperson Schwartz : Seconded by Councilperson Hardesty WHEREAS, the Town has received a contract from New York State for a $ 15 ,000 . 00 Member Item Funding Assistance , and WHEREAS, the contract for Member Item Funding Assistance must be signed and returned to New York State to receive this , now be it RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign a contract with New York State for the $ 15 , 000 . 00 Member Item Funding Assistance . A roll call vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously RESOLUTION NO. 78 OF 1997 APPOINTMENT TO TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL WHEREAS , The Town of Danby Town Board has received a request for an appointment to the Tompkins County Environmental Management Council (EMC) , and WHEREAS, Robert Roe of 1820 Danby Road, Ithaca, New York now serves as a representative from the Town of Danby and has expressed an interest in continuing as a member of Tompkins County Environmental Management Council , now be it RESOLVED, that the Town of Danby Town Board recommend the reappointment of Robert Roe a of 1820 Danby Road, Ithaca, New York to the Tompkins County Environmental Management Council (EMC) for a term to begin January 1 , 1998 and to expire on December 31 , 1998 . A roll call vote on the resolution resulted as follows : I Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously I Motion to move to Executive Session A motion was made by Supervisor Oltz and seconded by Councilperson Steiner to move to Executive Session at 7 : 30 P .M . to discuss progress with C . S . E . A . negotiations and personnel matters . 1i ` 99 Town Board Minutes 7 December 8, 1997 A vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Board Meeting Reconvened The regular Board meeting reconvened at 7 : 45 P . M . Town Hall Renovation/Addition Project Councilperson Inman reported that he has received a communication from Chris Warner, Architect for the Town Hall Renovation/Addition Project . He read the letter to the Board regarding the high water table on the project site in an area to be excavated under the building. The architect recommended that the excavation of the crawl space and the construction of the area way be deleted . This is Alternate No . 4 and would be an approximate $ 9 , 000 . 00 reduction for the excavation. Mr. Warner asked the Board to advise of their decision as soon as possible . Councilperson Inman said that the six foot space that was to be placed under the existing building was to place the floor joists, add additional piers and supports, and to jack and partially level the structure . The plan for excavation now calls for excavation on both sides of the building at a 45 degree angle from the existing foundation, fabric and drainage on the outside . The inside was supposed to be about the same but down to a stone fill over the excavation but would require a lot of drainage . Under the new construction there is 18 inches of gravel fill under the footers . The Board discussed options for drainage and the cost to the Town . Councilperson Inman said the Alternate No . 4 (excavation of the crawl space) was an additional item and work can continue. There would be a higher cost in labor but a lesser cost in material . He would like to see a revised plan from Chris Warner and Gary Wood . RESOLUTION NO . 79 of 1997 YEAR-END MEETING OF THE BOARD SCHEDULED By Supervisor Oltz : Seconded by Councilperson Inman RESOLVED, that the Town Board of the Town of Danby sets the Year-end meeting of the Board to pay 1997 outstanding bills, encumber necessary funds and to clear up remaining 1997 business matters for Monday, December 29, 1997 at 6 : 00 P . M . A vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Councilperson Steiner requested permission to be excused from the Year-end meeting . RESOLUTION NO. 80 OF 1997 AUTHORIZATION FOR TOWN CLERK TO ORDER COPY MACHINE FOR THE TOWN OFFICES By Councilperson Steiner: Seconded by Councilperson Schwartz WHEREAS, the Town Board of the Town of Danby in July 1997 approved the purchase of a Sharp Model No . 2030 Copy Machine from EBE Office Source for the N. Y. S . Contract price of $4, 505 . 00 plus a yearly maintenance cost of $ 800 . 00, and X00 Town Board Minutes 8 December 8 , 1997 WHEREAS , the Sharp Model No . 2030 Copy Machine from EBE Office Source has not been ordered at this time , now be it RESOLVED , that the Town Board of the Town of Danby gives the Town Clerk authorization to order the Sharp Model No . 2030 Copy Machine from EBE for the approved N . Y . S . Contract price of $4 , 505 . 00 as submitted in their proposal to the Town of Danby . A vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously SMART Review Request: Councilperson Steiner reported he attended a workshop on the NYS SMART Review process . As a member of the Town of Danby Town Board he would like to request a SMART Review . The purpose of the review is to help towns identify areas for management to improve operations , and make suggestions . He thinks this would be helpful to the Town and submitted a resolution . RESOLUTION NO . 81 OF 1997 RESOLUTION REQUESTING SMART REVIEW By Councilperson Steiner : Seconded by Councilperson Hardesty WHEREAS , N . Y . S . State Comptroller, H . Carl McCall has instituted a program called SMART Reviews ; and WHEREAS , a SMART Review entails the study of a particular function or functions of a local government; and WHEREAS , at the conclusion of a SMART Review, the Office of the State Comptroller (OSC) issues non-binding recommendations suggesting methods of containing costs and/or enhancing revenues without raising taxes ; and WHEREAS, the benefits of participation in the SMART program have been discussed by those in the Town of Danby ; and WHEREAS , a SMART Review must be requested by resolution of the governing board ; Now, therefore be it RESOLVED , that the Office of the State Comptroller is hereby invited to conduct a SMART Review in the Town of Danby focusing on the following programs : * Cash Management * Purchasing * Payroll/Personal Service Costs * Intermunincipal Cooperation, such as sharing men and equipment between townships ; * Highway Department short range and long range planning and the identification of means and methods of projecting future highway needs in both maintenance and equipment costs for the purpose of establishing reserve accounts to cover these projected expenditures ; * Code Enforcement Office - Review specific procedures and be it further RESOLVED, that Councilperson Howard Steiner be designated by the Town Board of the Town of Danby to be the liaison and contact person for the SMART Review . Discussion : .• Town Board Minutes 9 December 8 , 1997 Councilperson Schwartz said that he thinks a SMART Review is a very good idea and the reviewers cover a very wide area. Councilperson Hardesty said that the SMART Review is a very non threatening process . Supervisor Oltz said that she supports the SMART Review and believes it would be a very helpful tool for the Board. A vote on the resolution resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously APPROVAL OF MINUTES October 27, 1997 Public Hearing - Rice, Special Board Meeting of October 27, 1997, November 5 , 1997 Public Hearing - Preliminary Budget, Town Board November 10 , 1997 Meeting A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve the minutes of the following Town Board Minutes as corrected. (Spelling of Tim Ciaschi and Star corrected) October 27, 1997 Public Hearing - Rice October 27, 1997 Special Town Board Meeting Minutes November 5 , 1997 Public Hearing - Preliminary 1998 Budget November 10 , 1997 Town Board Meeting Minutes A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously APPROVAL OF WARRANTS Highway Fund Warrant No. 12 of 1997 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve Highway Fund Warrant No . 12 of 1997 in the amount of $ 9 , 707 . 38 . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously West Danby Water District Fund Warrant No. 12 of 1997 - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Hardesty to approve the West Danby Water District Fund Warrant No . 12 of 1997 in the amount of $ 8 ,250 . 10 . 80 2 Town Board Minutes 10 December 8, 1997 A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously t General Fund Warrant No. 12 of 1997 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve the General Fund Warrant No . 12 of 1997 in the amount of $ 8 , 756 . 23 and the additional three vouchers as follows : Wilkie Farr & Gallegher $ 1 , 500 . 00 I .D . Booth 31 . 98 B . Milligan Contractors $ 33 , 109 . 02 for a warrant total of $43 , 397 . 23 . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Approval of Town Supervisor' s November 1997 Report . 1 A motion was made by Councilperson Schwartz and seconded by Councilperson Hardesty to approve the Town Supervisor ' s November 1997 Report as submitted . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Carried Unanimously Approval of the Town Clerk' s November 1997 Report A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve the Town Clerk' s November 1997 Report as submitted . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 8 : 30 P .M . aa-do‘' dal6) .)2( Carol W . Sczepansli own Clerk min- 12-8 -97 { P f K 0 F