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HomeMy WebLinkAbout1998-01-12 11 I 11.1 I ! tI4i�� d f atll � t , , � i y � tTy� i i 1 9 f, ' pp 1 ^ Il 1 ' li ' I 1 . , _ �. ,. . . tliw . it. a. � t .id a,i ltlllt U 'h:.ui dl b- .,.—... � �.._n._ U:; . 5 TOWN OF DANBY TOWN BOARD MINUTES JANUARY 12, 1998 6 : 00 P.M. Regular Meeting PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present : Carol W. Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer County Representative - Frank Proto William Hall - Highway Superintendent Joe Maratea - CSEA Representative Members of the Public : Mary & Roy Casterline , Barbara Mosher, David Noteboon, Judy VanDermark, Pat Woodworth, Richard Lazarus, Mary Lou Hardesty, Mary Oltz, Amy Cusimano , Bob Roe, Elizabeth Owens-Roe, Dorothy & Willard Daetsch, Eilean B . Wright, Dawn C . Parks, John Henderson, Margaret Shepard, Ted Jones, Debbie Benson, Meg Garvey, Raymond Mayo , David, Don Schaaf, Joe Schwartz, David Pochily, Sarah Hollyday, Betty & Charles White , Kathy Lind, Faith Chase, Bryann Scriber and others . Supervisor Kenneth Horst called the meeting to order at 6 : 04 P . M . and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO THE AGENDA : . 1 ) Edward Inman requested the addition of an item to approve a bill for the Town Hall Renovation/Addition Project 2) Code Enforcement Officer requested an Executive Session of the Board to discuss a Code Enforcement Matter. 3 ) Councilperson Gagnon requested that consideration of a policy of making appointments to boards be added to the agenda for discussion. No Board Member Objected . PRIVILEGE OF THE FLOOR: Councilperson Strichartz would like the board to address the issue of cellular towers . Councilperson Steiner read the following statement to the Board and public : "For the record : In a recent Ithaca Journal article and editorial two board members Ed Inman and Joe Schwartz are quoted as saying that three fellow board members Hardesty, Oltz and Steiner met in an illegal meeting on Dec . 11 , 1997 . Inman and Schwartz further suggested we three board members had decided outside the proper arena to change the 1998 Town budget . Prior to making allegations of wrongdoing Inman and Schwartz should have taken the time to investigate the procedures for calling a special meeting and/or discussed the issue with one of the other town board members or myself Perhaps they were more interested in taking an item and turning it into a controversy for their own political gain . I can only speculate as Inman was in the Town Clerk' s office on Saturday Dec . 13 , 1997 and he discussed with me that he too had received calls and he seemed appreciative we had called a special meeting to resolve the misunderstandings of the raises for all Danby office staff For those who may not be aware of what created the need for a special meeting, I will provide a bit of history. 1. 6 2 Town Board Minutes January 12 , 1998 a On Dec . 11 , I received phone calls from two town employees stating the unfairness of one receiving a 20% increase in wages and some receiving no increase . As I was unsure of all the particulars I phoned another Board Member and she too was not sure what was going on. Because both of us were under the belief ALL employees and elected officials, with the exception of the Town Board, were to receive a 3 % pay increase it was apparent a Special Meeting was warranted . I prepared a letter requesting a Special Meeting be called and asked Mary Lou Hardesty meet me in the Town Hall to sign the letter and schedule the meeting with Mary Oltz, Supervisor. Attached is a copy of my request for the meeting . Also attached is a copy of a FAX received on Dec . 23 , 1997 from Lori Mithen, Associate Counsel , Association of Towns of The State of New York that points out the procedure for calling Special Meetings under Town Law . We followed that procedure and nothing we did violated the Open Meeting Laws of the State of New York . No business was discussed and the Town Clerk received the request and provided the necessary public notification . " The following statement was received from Lori Mithen, Associate Counsel , Association of Towns of the State of New York: "Pursuant to Town Law, §62 the supervisor is authorized to call and schedule special town board meetings. The town board does not have the authority to call and/or schedule a special town board meeting pursuant to Town Law, §62 . Therefore, a discussion between the supervisor and two or more board members regarding a date and time to hold the meeting is not considered a meeting for the purpose of discussing town business and is therefore beyond the scope of the Open Meetings Law. " Supervisor Horst said that his intent for the future of this board that we will always operate within the letter of the law . Any meeting of the town board in which there is three or more of the board members present has to be a publicly announced meeting prior to the meeting taking place . The Town Clerk, Carol Sczepanski read a notice from The Association of Towns regarding the Association of Towns Annual Meeting to be held in New York on February 15 - 18 , 1998 . Members of the Public : Joseph Schwartz - 85 Durfee Hill Road - on behalf of the Durfee Hill Road Neighborhood Association strongly urged the Board to pursue legislation and to create a local law related to cell tower regulation in the Town of Danby to protect the investments of homeowners . Dave Pochily - 236 Durfee Hill Road - reported that he had attended the Public Hearing related to the approval of the cell tower on Durfee Hill and feels that it was passed without the consideration of the neighborhood. Ray Mayo - 315 Ridgecrest Road - was concerned that discussion was not allowed related to an Open Meetings issue that was published in the Ithaca Journal . Supervisor Horst said that he thinks that the only thing that would be accomplished by further discussion would be further discord among the members who are sitting presently on this Board . Don Schaaf - 2152 Danby Road - said it is a deep concern to him how much confidence he can have in newly seated Board members when the residents choose not to go to the Board with concerns and questions in this matter (referring to Open Meetings Laws) . Judy VanDermark - 1432 Danby Road - introduced herself as the new President of the Danby Community Council . She said it is a great honor to serve her community and looks forward to meeting many Danby residents . She reported that the Community Council adopted Bi-Laws at their last meeting and that their newly organized Community Council would be successful . Amy Cusimano - 3 Jennings Pond Road - Coordinator for Jennings Pond Swim Program - had questions related to liability insurance funding and other insurance for employees for the program . r 1 Irl r. I I I : 1 I I M i I I, L' 3 Town Board Minutes January 12 , 1998 She requested that any and all charges to the program be made with her approval to avoid any further misunderstandings . Supervisor Horst reported that he has talked with the Insurance Agent regarding an umbrella policy. The Ithaca Agency said that the Pond Program can be covered by TITAN at no additional charge . Brynn Scriber - 85 Gunderman Road - reported that the speed on the road is excessive and asked if there could be speed limits signs placed particularly near the day care center. Barbara Mosher - 190 West Miller Road - reported that she is unhappy with the speed limits on all of the Danby Roads . The Town of Danby has received many requests for the speed limits to be reduced to at least 45 MPH . Chairperson Horst reported that the Town has sent many requests to the County and New York State and all have been refused with the exception of Gunderman Road . Amy Cusimano - reported that the Neighborhood Watch Program on Bald Hill was successful in getting pedestrian signs and the lowering of the speed limit near Jennings Pond . Elizabeth Owens-Roe, Editor of the Danby Area News reported that many residents were concerned that a newsletter has not been published since November. The funding for 1998 is for ten ( 10) issues and the first issue will be published in February . She said that it is her goal as the editor of the Danby Area News to have it represent all of Danby and it is no longer a house organization of Community Council , it is a member of Community Council . Susan Hautala, Town Historian - submitted a letter to the Board regarding the renovation of the Town Hall and the proposal to replace the existing floor with a tile surface . She also expressed her disappointment in the lack of unity in the Town of Danby. She said that we are the Town of Danby, we are not the Community Council , we are not the Danby Town Board and we are not the Danby Fire Department -- we are the Town of Danby . She hopes to see a change within the next year. Councilperson Inman - Clerk of the Works for the Town Hall Renovation/Addition project, reported that the Town has been in contact with Rick Lazarus regarding the restoration of the floor and that he has submitted an estimate to the contractors . The architect and Milligan Contractors are working on the details of renovation without disturbing the existing floor. Bill Farrell - East Miller Road - responded that the Town Hall floor is roofers and not historical by any means . The floor has been replaced more than once and suggested that concrete be placed to level the floor with a concrete foundation to support the building or renovation will be needed to support the building in another 20 years . The foundation and floor should have no space between the floor and the ground . He said that many of the eight inch cinder blocks used in the new construction are not solid, not filled with concrete, They should be filled with concrete or insulation to keep the cold from entering the building . Rick Lazarus - reported that one of the problems with a stone foundation as this one exists is the fact that water drains off the roof against the foundation. The settling of the foundation has been addressed by the architect and the grading plans for the area addresses any further settlement in the stone foundation . Councilperson Inman said that questions for drainage ventilation under the crawl space and the type of replacement floor joists were raised at the January 8th meeting with the architect and general contractor, The drainage and ventilation of the facility will be addressed . COMMUNICATIONS : 1 ) Memo from B . Clinton Perkins - BZA Chair 2) Gerald Catlin - resignation letter from Planning Board 3 ) Joel P . Gagnon - resignation letter from Board of Zoning Appeals `'S18 4 Town Board Minutes January 12 , 1998 4) Susan Hautala, Town Historian regarding the restoration and replacement of the Town Hall floor. 5 ) Howard Steiner - letter regarding Open Meeting Laws of the State of New York 6) Annual West Danby Water District Report - 1997 REPORTS : Tompkins County EMC (Environmental Management Committee) Robert Roe reported that the next EMC Meeting will take place on January 14 , 1998 . He reported on the following : 1 )Cellular towers still remains an issue in the County . Cellular towers were considered a public utility when approval for the placement of a tower was obtained in the Town of Danby . Since then there have been changes and Towns have been given the ability to restrict them but not eliminate them. He has submitted to the Code Enforcement Officer copies of various laws and ordinances around the country for our Planning Board and Town Board to review. 2) The Town of Danby Supervisor has been asked to be a member of the County Water Planning Council which will be determining the uses , distribution and the development of the water resources in Tompkins County . 3 )There is long ongoing debate between the EMC and Cornell University over the lake source cooling project. 4) There will be money again in the County budget for Flood Mitigation and it is available to Towns that have a flood mitigation committee in place . Highway Department December 1997 Report - Received Supervisor Horst read the Highway Department December 1997 report as submitted by Highway Superintendent William B . Hall . Code Enforcement Officer December 1997 Report Received Code Enforcement Officer Susan Beeners reported that the New York State Planning Federation Grant submitted in July 1997 was not awarded to the Town of Danby . The Planning Board is working on a draft of goals for a revised comprehensive plan. A draft outline will be presented to the Town Board in February with a proposed work scope and budget request. S.P . C .A - A Dog Enumeration is in progress and nearly completed . Planning Board Report - December 1997 Minutes Received Senior Citizens Report Carol Sczepanski reported that there was not a Senior Citizens Meeting in January . The next meeting will be Thursday , February 5 , 1997 . Seniors have started a six (6) week exercise class on Monday mornings at the Danby Federated Church that is well attended . Tompkins County Representative Report : Representative Frank Proto reported on the following : 1 ) Star Exempt Program for Seniors - application deadline March 1st . 2) Bus Shelter for Park & Ride - best site in fire station parking lot . 3 ) Committees he has been assigned to for 1998 - Tourism Economic Development and Arts Budget Committee, Chair of the Human Service , Health and Education Committee, Libraries (County & Rural), Board of Health, Farm and Agriculture Land Assessment Board and will remain as a Director of the Hospital Board . 4) Economic Development--Barbara Blanchard will be coming to a Board meeting as part of a County outreach program on economic development . 5 ) Archives - first regional meeting will be in February . SARA is relaxing some of the guidelines for application for grants . 6) Beautification Grants still available to Towns . 7) Better Housing Grant - The County has received $ 100 , 000 for Danby and are reviewing applications for assistance in repair and maintenance . Applications may be obtained at Better Housing of Tompkins County . Motion to Adjourn to Executive Session : A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to adjourn to executive session at 7 : 30 P . M . to discuss the CSEA Contract and code violations . 1 II I f � ' ICI I I h 11 # 4 NI 1 S 1 9 5 Town Board Minutes January 12, 1998 Carried Unanimously Meeting Reconvened : The Board Meeting reconvened at 8 : 10 P . M . Tentative Agreement Between CSEA Local 855 Danby Highway Unit 8911 -00 and Danby Town Board The Board reviewed the Tentative Agreement Between CSEA Local 855 Danby Highway Unit 8911 - 00 and Danby Town Board and discussed how it may compares with the existing agreement. Councilperson Steiner reported on the negotiations to date . Motion to Approve the Tentative Agreement Between CSEA Local 855 Danby Highway Unit 8911 -00 and Danby Town Board A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve the following Tentative Agreement Between CSEA Local 855 Danby Highway Unit 8011 -00 and Danby Town Board . Article XIV - Overtime (New) Section 2 : Employees who are called into work outside their regular shift will be guaranteed a minimum of four (4) hours pay. Article XV - Health Insurance Section 1 . The Town of Danby agrees to pay the cost of present Blue Cross/Blue Shield and Dental Insurance plan in the following way . All employees hired prior to January 1 , 1998 : a) 100% of the cost of the employee ' s health and dental insurance b) 100% of the cost of the employee ' s health and dental insurance, all in accordance with existing practice All employees hired after December 31 , 1997 : a) 100% of the cost of the employees health and dental insurance b) The employee will pay five dollars ($ 5 . 00) per pay period towards the cost of the employee ' s dependent health and dental insurance . Article XXII - Compensation Section 1 . Employees of the Town of Danby Highway Department shall have their hourly rate of pay increased by the following schedule . Effective January 1 , 1998 - 4% increase Effective January 1 , 1999 - 4% increase Effective January 1 , 2000 - 4% increase Jury Duty - remains the same Town of Danby Highway Employees shall receive a clothing allowance of $200 . 00 per man for the first year of employment and each year of employment thereafter. (New) The Town of Danby shall provide the Highway Employees three (3 ) pair of coveralls to each highway employee . Article XXIV - Duration This agreement shall be in effect from January 1 , 1998 through December 31 , 2000 . All other articles of the contract remain the same unless changed by this tentative agreement . r 0 2 x+ 133 6 Town Board Minutes January 12, 1998 A roll call vote on the motion resulted as follows : Gagnon Nay Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried Supervisor Horst reported to the Board that the final document would be available soon for the Board to review. NEW BUSINESS : Supervisor' s Statement to the Board Supervisor Kenneth Horst read the following Supervisor ' s 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 7 : 00 P .M. and terminate no later that 9 : 00 P . M . Method of claims for payment of all bills will be by voucher. Vouchers must be submitted no later that Thursday preceding Town Board Meeting. Vouchers may be submitted to the Supervisor or Town Clerk. The Town Board in accordance with Town Law AT 103 will audit all bills . All personnel matters will be discussed in executive session. ORGANIZATIONAL RESOLUTIONS - 1998 RESOLUTION NO. 1 OF 1998 APPROVAL TO INVEST IDLE FUNDS By Councilperson Steiner : Seconded by Councilperson Strichartz 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 : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO 2 OF 1998 By Councilperson. Gagnon : Seconded by Councilperson Inman RESOLVED, that the Town Board of the Town of Danby set the 1998 Annual Salaries as follows : Annual salaries to be paid monthly : Supervisor. $ 10 , 609/year Town Justices (2) $ 8 , 820 ($4 ,410 each) Town Clerk $ 13 , 134 year Custodian $ 2 ,200/year Court Clerk $ 3 , 162/year Quarterly Salaries : Councilpersons (4) $ 6 , 950 ($ 1 ,737 . 50/each) Water District Clerk $ 2 , 700/year Asst. Water District Plant Operator $ 2 , 125/year Bi-weekly Salaries : Code Enforcement Officer $ 17 , 910/year Ia4FI if II 's ill cv ( , 1111 } , 1 ail X11 . m . LL ,E1 PhwG a. . ILh ,. _ . -,�......, S 2 1 7 Town Board Minutes January 12, 1998 Highway Superintendent $ 32 ,782/year Water District Plant Operator $ 7 , 500/year Bi-weekly salaries paid hourly as needed : Deputy Town Clerk $ 2 , 341 /year Office Assistant (s) $ 10 , 027/year Bookkeeper $ 7 , 649/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 Supervisor to pay the above salaries prior to the first meeting of each month with December payrolls adjusted to meet all budget requirements . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Abstained Steiner Aye Strichartz Aye Horst Aye Carried RESOLUTION NO. 3 OF 1998 PAYMENT OF BILLS By Councilperson Steiner : Seconded by Councilperson Inman 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 : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 4 OF 1998 1997 FINANCIAL REPORT By Councilperson Steiner : Seconded by Councilperson Inman 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 , 1998 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 : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 5 OF 1998 AUTHORIZATION FOR PURCHASE OF TOOLS , EQUIPMENT, ETC . By Councilperson Steiner : Seconded by Councilperson Inman X22 8 Town Board Minutes January 12 , 1998 RESOLVED, That the Town of Danby Highway Superintendent be authorized to purchase tools , equipment, small implements, tires and tubes , etc . in the amount not to exceed $ 5 , 000 at any given time without prior approval of the Town Board. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 6 OF 1998 TOWN OF DANBY OFFICIAL NEWSPAPER AND BANK DEPOSITORY By Councilperson Steiner : Seconded by Councilperson Inman 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 : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 7 OF 1998 TOWN OF DANBY ATTORNEY By Supervisor Horst : Seconded by Councilperson Steiner RESOLVED , That the firm of Barney, Grossman , Roth and Dubow be named as the law firm to represent the Town of Danby in all Zoning, Planning Board, and general Town of Danby business . The Town Board reserves the right of seeking other legal aid if it deems necessary. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 8 OF 1998 TOWN MILEAGE By Councilperson Steiner : Seconded by Councilperson Gagnon RESOLVED , That the Town of Danby Town Board authorize the mileage for Town Business to be paid at thirty-one cents ($ . 31 . 5 ) per mile . A roll call vote on the resolution resulted as follows : Gagnon Aye • Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye RESOLUTION NO . 9 OF 1998 VOTING MACHINE CUSTODIANS AND INSPECTORS By Councilperson Steiner : Seconded by Councilperson Gagnon 9 Town Board Minutes January 12 , 1998 RESOLVED, That the Town of Danby Voting Machine Custodians Edward M. Roberts and Robert Whittaker will be paid as follows : Mr. Roberts $ 75 . 00 per service and Mr. Whittaker $60 . 00 per service . Election Inspectors will be paid at the rate of $ 6 . 50 per hour for service . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 10 OF 1998 HIGHWAY IMPROVEMENTS REIMBURSEMENT By Councilperson Steiner : Seconded by Councilperson Gagnon RESOLVED, That the Town of Danby Town Board be authorized to sign an agreement that monies collected for repairs and improvements of Town Highways in the amount of $ 87 , 000 . 00 (State Aid DA3501 ) be expended upon 71 . 98 miles of Town of Danby highways . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 11 OF 1998 WATER COMMISSIONER APPOINTMENT By Councilperson Steiner : Seconded by Councilperson Inman RESOLVED , that the Town of Danby Town Board approve the appointment of Tom Westmiller of 36 Valley View Road, Spencer, New York as Water Commissioner for the West Danby Water District for a five year term to begin January 1 , 1998 and to expire December 31 , 2002 . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 12 OF 1998 APPROVAL OF DEPUTY TOWN CLERK By Councilperson Steiner : Seconded by Councilperson Strichartz RESOLVED, That the Town of Danby Town Board approve the Town Clerk's appointment of Beatrice Hogben as Deputy Town Clerk. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously cu) Town Board Minutes 10 January 12, 1998 RESOLUTION NO . 13 OF 1998 TOWN BOARD MEETINGS By Councilperson. Steiner : Seconded by Councilperson Strichartz RESOLVED, That the Town of Danby Town Board regular monthly meetings be scheduled at 7 : 00 P . M . on the second Monday of each month for the year 1998 . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 14 OF 1998 APPROVAL OF COURT CLERK By Councilperson Steiner; Seconded by Councilperson Strichartz 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 : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 15 OF 1998 APPOINTMENT OF DEPUTY SUPERVISOR By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby appoint Edward Inman as Deputy Town Supervisor. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Abstained Steiner Abstained Strichartz Aye Horst Aye Carried RESOLUTION NO . 16 OF 1998 CREATION OF NEW POSITION ENTITLED "ASSISTANT CODE ENFORCEMENT OFFICER By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS , the Town of Danby Town Board has reviewed various materials related to the change in duties of the Office Assistant to the Code Enforcement Officer and Town Supervisor, Resolution No . 50 of 1992 and Resolution No . 27 of 1997 , and the Draft Proposed Job Description for Assistant Code Enforcement Officer for the Town of Danby, dated December 17 , 1997 ; now be it RESOLVED, that the Town Board of the Town of Danby creates a new position entitled "Assistant Code Enforcement Officer," and the following job description for the position entitled, "Assistant Code Enforcement Officer, Town of Danby ; and be it further RESOLVED, that the Town Board authorizes the Town Supervisor to submit the Job Description entitled "Assistant Code Enforcement Officer, Town of Danby for filing at Tompkins County Personnel Office, and authorizes the Town Supervisor to make minor changes to said job description I I f I I t IE iid l I . I ' ' . . F i7 i I rd I p 1pp /�/ Sppp }j S ld 11 if such changes are required by Tompkins County Personnel Office, with such changes to be subsequently submitted to the Town Board for amendment to the said job description. ASSISTANT CODE ENFORCEMENT OFFICER TOWN OF DANBY DISTINGUISHING FEATURES OF THE CLASS This is a responsible technical and clerical position that provides assistance to the Code Enforcement Officer in records maintenance and clerical duties, and in administration and enforcement of the New York State Uniform fire Prevention and Building Code and other codes, laws, and regulations pertaining to the construction, alteration, and use of buildings, structures , and properties . The work is performed under the general supervision of the Code Enforcement Officer, with leeway allowed for the exercise of independent judgement in carrying out the work duties . Acts for the Code Enforcement Officer in his/her absence and does related work as required . TYPICAL WORK ACTIVITIES : Maintains records of all office transactions and activities including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. Prepares a variety of reports relevant to Town Code Enforcement activities . Conducts correspondence on routine code enforcement activities . Assigns new street address numbers in the Town, and reports such assignments to involved agencies as required. Makes corrections to street address numbers in coordination with the Tompkins County E-911 system and reports such assignments to involved agencies as required . Provides clerical support to the Planning Board and the Town Board in the preparation of neighbor notification lists and associated Planning Board mailings for development-related public hearings . Provides clerical support to the Planning Board in the copying and mailing of meeting review packets . Reviews applications and issues building permits, conducts necessary inspections , and issues certificates of occupancy in compliance with the New York State Uniform Fire Prevention and Building code and related codes , laws , and regulations . Under the direction of the Code Enforcement Officer, inspects, as necessary, buildings and structures for compliance with the fire prevention and housing maintenance provisions of the New York State Uniform fire Prevention and Building Code and related codes, laws , and regulations . Under the direction of the Code Enforcement Officer, denies or revokes building permits or certificates of occupancy as required, and issues written notices to correct unsafe, illegal , or dangerous conditions in structures and on properties . Answers routine questions related to zoning and subdivision inquiries , refers inquiries to Code Enforcement Officer if more information is required . Assumes responsibility of the department in the Code Enforcement Officer' s absence . FULL PERFORMANCE KNOWLEDGE , SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS. Good knowledge of office procedures, clerical aptitude and accuracy; working knowledge of computerized word-processing and data management programs . Good knowledge of modem practices, principles, materials, and tools used in building construction, and of building trades ; good knowledge of the New York State Uniform fire Prevention and building 26 Town Board Minutes 12 January 12 , 1998 Code and the Danby zoning Ordinance; good knowledge of the principles of fire prevention; ability to read and interpret plans and specifications ; good understanding of tax maps and tax parcel identification; ability to write clear and concise reports and to maintain records in an orderly manner; ability to be firm but courteous ; honesty ; integrity; thoroughness ; good judgement; physical condition commensurate with the demands of the job . Must have own vehicle available for conducting inspections and field work. MINIMUM QUALIFICATIONS Graduation from high school or possession of a high school equivalency diploma; 2 years clerical experience including the use of computers , and EITHER : (a) Satisfactory completion of an accredited program leading to an Associates Degree or a Certificate in Construction Technology or a related field ; OR (b) One year of full-time paid (or the equivalent part-time and/or volunteer) experience in building construction work or a fire fighting organization ; OR ( c) One year experience as a certified building inspector ; OR (d) An equivalent combination of training and experience as defined by the limits of (a) , (b) , or ( c) above . Note : Candidates for appointment in this class will be required to complete any mandated training as established by the Department of State . Discussion : Councilperson Gagnon asked if the other position for office assistant still exists or if some of the hours proposed for the new position could be used by another person or alternatively if there is not a slack in the staff already that there be another person to do the lower level of work rather than pay these people at a higher rate . Supervisor Horst said that he would be hesitant at this point to add another person as he does not see a need at this time . The Code Enforcement Officer said that she does most of her own clerical work. It is necessary that ' u independent they keep their own records and it requires p endent g J d ement. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Carried Horst Aye RESOLUTION NO. 17 OF 1998 TEMPORARY APPOINTMENT TO THE POSITION OF "ASSISTANT CODE ENFORCEMENT OFFICER By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED , that the Town Board appoints Donna B . Inman to the position of "Assistant Code a Enforcement Officer," as an ongoing appointment, to be paid at the rate of $9 , . 88 per therefore, for it of 19 . 5 hours per week, out of General Fund Account A8010 . 13 , now resolved RESOLVED , that the compensation for this position is retroactive to January 1 , 1998 , and be it I 827 Town Board Minutes 13 January 12 , 1998 further RESOLVED , that this appointment is a provisional appointment pending acceptance of the job description and accompanying application by the Tompkins County Personnel Office . Discussion : A member of the public asked if the job had been properly posted as required by Civil Service Rules . Code Enforcement Officer Susan Beeners said that they were following the procedure that was required by Tompkins County Personnel and there was a strong internal candidate that she wanted to upgrade . . Councilperson Steiner said that this resolution appoints to the position of " Code Enforcement Officer" and is the same as Resolution No . 27 of 1997 which authorized enforcement assistance from the Code Enforcement Office Assistant. He said that he does not understand what we are doing. We authorized the assistant to perform these duties under the supervision of the Code Enforcement Officer and this year we have the same resolution. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Abstained Steiner Nay Strichartz Aye Horst Aye Carried RESOLUTION NO . 18 OF 1998 APPOINTMENT OF PLANNING BOARD CHAIR By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED , that the Town Board of the Town of Danby appoints Arch Dotson to serve as Chair of the Town of Danby Planning Board for the year 1998 . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 19 OF 1998 C APPOINTMENT OF BOARD OF ZONING APPEALS CHAIR By Councilperson Gagnon : Seconded by Councilperson Inman RESOLVED, that the Town Board of the Town of Danby appoints B . Clinton Perkins to serve as Chair of the Town of Danby Board of Zoning Appeals . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously e c 2 8 Town Board Minutes 14 January 12 , 1998 RESOLUTION NO. 20 OF 1998 INCREASE IN MARRIAGE LICENSE FEE By Councilperson Gagnon : Seconded by Councilperson Steiner RESOLVED , that the Town Board of the Town of Danby increase the fee charged by the Town for Marriage License from $ 18 . 00 to $25 . 00 . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 21 OF 1998 REAFFIRMATION OF TOWN OF DANBY PROCUREMENT POLICIES AND PROCEDURES AS APPROVED IN RESOLUTION NO . 24 OF 1993 By Councilperson Gagnon : Seconded by Councilperson Steiner RESOLVED, that the Town Board of the Town of Danby reaffirm the Town of Danby Procurement Policies and Procedures as established in Resolution No . 24 of 1993 . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 22 OF 1998 APPROVAL FOR TOWN SUPERVISOR TO SIGN INTERMUNICIPAL AGREEMENT WITH TOMPKINS COUNTY CONSORTIUM RENEWAL By Councilperson Gagnon : Seconded by Councilperson Steiner RESOLVED , that the Town Board of the Town of Danby authorize the Town Supervisor to sign the Intermunicipal Agreement with Tompkins County Consortium Renewal . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 23 OF 1998 PERMISSION FOR HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR A 10-WHEEL DUMP TRUCK WITH PLOW By Councilperson Gagnon : Seconded by Councilperson Inman RESOLVED, that the Town of Danby Town Board authorizes the Town Highway Superintendent to advertize for bids for the purchase of a 10-wheel dump truck with plow, and be it further RESOLVED , that Councilperson Gagnon work with the Highway Superintendent to prepare the bid specifications for a new 10-wheel dump truck with plow. 829 Town Board Minutes 15 January 12 , 1998 A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 24 OF 1998 PERMISSION FOR TOWN HIGHWAY DEPARTMENT TO BUILD DRIVEWAY By Councilperson Gagnon : Seconded by Councilperson Inman WHEREAS, the Town of Danby Highway Department Superintendent has requested permission for the Town of Danby Town Board to build an access drive to a private property used for the storage of highway materials and is located near 155 Comfort Road, now be it RESOLVED, that the Town of Danby Town Board gives the Highway Department permission to build an access drive near 155 Comfort Road for highway department use . Discussion : The Code Enforcement Officer said the Town should have a maintenance agreement with a hold harmless clause . She said approval should be only upon a conditional upon a suitable maintenance easement being executed approved by the Town Attorney and Town Supervisor. Councilperson Gagnon withdrew motion to approve Resolution No . 24 of 1998 and moved the following motion : Motion to Consult Town Attorney Regarding Access Drive A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz for the Town Supervisor to consult whth the Town Attorney about what provisions if any should be added to the request for permission to build an access drive near 155 Comfort Road prior to approval . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Proposed Wage Increase for Town Non Union Employees Councilperson Steiner reported that there was criticism by the Board and some of the employees did not feel that they received a fair increase in wages . He proposed the following resolution : RESOLUTION NO. 25 OF 1998 PROPOSAL FOR WAGE INCREASE OF 20 % FOR TOWN EMPLOYEES By Councilperson Steiner : Seconded by Councilperson Inman WHEREAS , the Town of Danby Town Board has voted to increase the hourly rate of one of their employees in 1998 by 20% over the 1997 wage , now be it RESOLVED, that the wages for all non union employees be increased to the point where they are at a level of 20% above the 1997 wages . 830 Town Board Minutes 16 January 12 , 1998 A roll call vote on the resolution resulted as follows : Gagnon Nay Inman Nay Steiner Aye Strichartz Nay Horst Nay Motion Defeated RESOLUTION NO . 26 OF 1998 RECOMMENDATION TO TOMPKINS COUNTY FOR APPOINTMENT TO THE ENVIRONMENTAL MANAGEMENT COUNCIL By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, the Town of Danby received a request from Tompkins County for a recommendation for appointment from the Town for a member to serve on the Tompkins County Environmental Management Council for a term to begin on January 1 , 1998 and to expire on December 31 , 1998 , and WHEREAS , the Town of Danby Town Board on December 8 , 1997 recommended to Tompkins County the reappointment of Robert Roe to the Environmental Management Council for a term to begin January 1 , 1998 and to expire on December 31 , 1998 , now be it RESOLVED, that the Town of Danby Town Board confirm the recommendation for reappointment of Robert Roe of 1820 Danby Road, Ithaca New York to serve on the Environmental Management Council as the representative from the Town of Danby. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Other Business : Conducting Interviews for Appointments to Boards and Committees : Councilperson Gagnon presented a proposed policy for conducting interviews to fill vacant positions to Town of Danby boards and committees for consideration. Uniform Procedure for Non-employee Appointments to be made by the Danby Town Board as a Policy The following Uniform Procedure for Non-employee Appointments to be made by the Danby Town Board as a Policy was presented to the Board for consideration by Councilperson Gagnon . 1 . Solicitation of Interest Whenever a vacancy exists in a position to be filled by Town Board appointment, an effort will be made to solicit interest among potential candidates . The process should include notification of the general public , either through newsletter or public notice in the official newspaper, or both . 2 . Application by letters of interest Anyone with an interest in being appointed by the Board should submit to the Town Clerk a letter stating his or her interest and indicating how they can be contacted in order to be considered . 3 . Interviews Whenever more than one candidate for a position exists, an interview process will be used .fi y 1 Town Board Minutes 17 January 12 , 1998 to aid in evaluation. The process will be conducted in one of the following two ways : A . Full Board interview An interview will be conducted by the Town Board with as many Board members in attendance as choose to participate . The Board may invite the active participation of non-Board members in the process (e . g . , the Planning Board Chair for a Planning Board appointment) . B . Committee Interview The Town Board may vote to delegate to 1 or 2 of its members the task of conducting interviews of candidates . The Board may invite the active participation of non-Board members in the process (e . g. , the BZA Chair for a BZA appointment) . If it does so , such non-Board participants shall have full voting rights . This interview committee shall recommend to the Town Board one candidate for a position if unanimous consent can be obtained, and two candidates otherwise , with arguments in support of each of the two candidates . Discussion: Councilperson Steiner said that this has the potential of excluding some Board members from the interviewing process . He does not think that this is appropriate and raises serious concern for those that may be excluded from the process and that they are the ones that ultimately appoint to the Boards and committees . Councilperson Gagnon said that the Board already has the authority to delegate to a committee this process if it wants to do so . Supervisor Horst reported that if the whole Board conducts interviews to fill positions on Boards and Committees that it must be done in executive session and must comply with the Open Meetings Laws of New York State . Motion to Terminate the Debate and Vote on the Motion to Adopt the Uniform Procedure for Non-employee Appointments to be made by the Danby Town Board as a Policy . A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to terminate the debate on the proposed motion to Adopt the Uniform Procedure for Non-employee Appointments to be made by the Danby Town Board as a Policy as presented by Councilperson Gagnon. . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Nay Steiner Nay Strichartz Aye Horst Nay Motion Defeated Supervisor Horst reported to the Board that there are two options for the process of conducting interviews for appointments to town boards and committees . Interviews may be done by the whole Board an executive session, or two persons from the Town Board and a representative from the perspective board may interview candidates and report back to the whole board. Councilperson Strichartz said that she would like the Board to start interviewing soon. Supervisor Horst asked the Board to authorize him to appoint two (2) Board members along with the Chairs of the Planning Board and the Board of Zoning Appeals to interview potential candidates to fill the vacancies on those boards and to report back to the Town Board . - Z I X32 Town Board Minutes 18 January 12 , 1998 1 Motion toAuthorize Supervisor to Appoint Persons to Conduct Interviews to Fill Planning Board and Board of Zoning Appeals Vacancies A motion was made by Supervisor Horst and seconded by Councilperson Inman to authorize the Supervisor to appoint two (2) Councilpersons to serve on an interview committee for vacancies on the Planning Board and the Board of Zoning Appeals and the Chair of those Boards be included in the interviews . Discussion: Chairperson Horst said that the Board members could submit questions to be asked of the candidates if they wished. The committee will report back to the Board with their recommendations . Councilperson Steiner said that this process is excluding two (2) Board members from the process and he could not support it . A roll call vote on the motion resulted as follows : Gagnon Nay Inman Aye Steiner Aye Strichartz Aye Carried Horst Aye APPROVAL OF MINUTES : Correction to Minutes of December 29 , 1997 Year-end Meeting 1 ) Record vote of approval of December 29 , 1997 Year-end Meeting bottom of page 6 on minutes draft. Approval of Town Board December 29 , 1997 Year-end Meeting A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve the December 29 , 1997 Year-end Meeting of the Town Board as corrected . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Other Business : Status of $mart Review Request Councilperson Steiner reported that he would like to clarify to the Board that he agreed to check ew has status of the $mart Review Request to New York State . An Application fo been sent to New York State and he expects to hear from them soon. Request of Supervisor for Outside Independent Audit A motion was made by Councilperson Steiner and seconded by Supervisor Horst to authorize Adit the Town Supervisor to contract with an independent firm to perform an Outside Independent the Financial Records of the Town of Danby at a cost not to exceed $4 , 000 and that the Supervisor proceed in hiring a firm after a minimum of two (2) quotes for the audit has been obtained . Councilperson Steiner said that an independent audit request is not unusual when a new supervisor takes office . Councilperson Gagnon said that his concern is that there was not funds appropriated in the 1998 S 3 3 Town Board Minutes 19 January 12 , 1998 Town Budget. Supervisor Horst said that he would feel more comfortable to have an independent audit as there has not been an audit performed in several years and is not questioning past bookkeeping practices . A roll call vote on the motion resulted as follows : Gagnon Nay Inman Aye Steiner Aye Strichartz Aye Horst Abstained Carried Town Hall Renovation/Addition Project Councilperson Inman reported that he received a memo from James L . Lewis , Inc . regarding the plumbing contract . To reinstall the new venting the estimate has increased from the original proposal due to additional venting . J . L . Lewis is asking for an increase of $ 1 , 806 . 44 to cover the cost of the labor. Motion to Approve Change Order A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the additional amount requested for the proper venting to the new addition on the Town Hall Project in the amount of $ 1 , 806 . 44 for an additional 38 hours of labor as requested by James L . Lewis on January 7, 1998 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried Approval of Supervisor ' s December 1997 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the Supervisor ' s December 1997 report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of Town Clerk' s December 1997 Report A motion was made by Councilperson Gagnon and Seconded by Councilperson Strichartz to approve the Town Clerk ' s December 1997 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously 834 Town Board Minutes 20 January 12 , 1998 APPROVAL OF WARRANTS West Danby Water District Fund Warrant No . 1 of 1998 A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve the West Danby Water District Fund Warrant No . 1 voucher numbers 1 -2 in the amount of $976 . 97 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Highway Department Fund Warrant No . 1 of 1998 A motion was made by councilperson Inman and seconded by Councilperson Gagnon to approve the Highway Department Fund Warrant No . 1 of 1998 voucher numbers 1 - 12 in the amount of $ 13 , 889 . 18 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously General Fund Warrant No. 1 of 1998 A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve the General fund Warrant No . 1 of 1998 voucher numbers 1 -35 in the amount of $ 12 ,239 . 10 . (Voucher No . 34 Pulled from warrant) . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 11 : 05 P . M . Jv ) Carol W. Scze i , Town Clerk