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HomeMy WebLinkAbout1998-02-09 Town Board Minutes 1 February 9, 1998 TOWN OF DANBY TOWN BOARD MINUTES FEBRUARY 9, 1998 7 : 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 County Representative TCAD - Barbara Blanchard Highway Superintendent - William Hall Members of the Public : Esther Dotson, Lolly VanHyning, Bob Roe, Dawn Parks, Roy & Mary Casterline , Marjory & Jerry Catlin, Mary Oltz, Mary Lou Hardesty, Margaret Shepard, John Henderson, Dan Klein, Lauren Sheaforth, Patti Meyers, Ted Jones , Bill Farrell , Pat Woodworth, C . H. Tilton, Mr. & Mrs R. M. Chase, Barbara Blanchard, Laurene Gilbert and others Supervisor Kenneth Horst called the meeting to order at 7 : 02 and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO THE AGENDA : 1 ) Councilperson Inman requested a change order for the Town Hall Renovation/Addition Project -Resolution be added to the Agenda. 2) Supervisor Horst asked that the issue cellular towers and adult entertainment referral to the Planning Board be added to the Agenda 3 ) Summer Intern Roads Program from Cornell University No Board member objected . PRIVELEGE OF THE FLOOR : Carol Sczepanski reported for the record that she received a beautiful flower arrangement from the Danby Fire and Rescue for her exceptional work on the Bicentennial Committee . Members of the Public : Robert Roe - 1820 Danby Road - commented on the method of appointments to Planning Board . He objects to the method used for interviewing applicants and thinks that all members of the Board should be included in the interviewing process . William Farrell - East Miller Road - agrees with Bob Roe regarding interviewing applicants for the Planning Board . Susan Beeners - Code Enforcement Officer - referred to a Comprehensive Plan Possible Resolution on the Agenda. She said it is not for approval tonight. You have received a recommendation from the Planning Board and some Notes and a Working Outline to be reviewed. She has reviewed the Road Surface Summer Intern Program from Cornell University that was sent to the Highway Superintendent and she hopes the Town will look into it and approve a letter of intent sent. Mary Lou Hardesty - 50 South Danby Road - was disappointed that all Board Members were not invited to interview Planning Board applicants . She thinks that no Board Member should be C) • Town Board Minutes 2 February 9 , 1998 excluded from the initial interview. Patti Myers - Interim Danby Reading Room Director - reported that there needs to be more publicity to let the residents know that there is a Danby Reading Room. The reading room has many new best sellers and is a lending library . Although hours are limited to Tuesdays and Thursdays from 3 : 30 to 5 : 30 p .m . and Saturday 9- 11 a. m . they are considering additional hours to include a half hour before Board Meetings . A training session for new reading room volunteers will be scheduled soon. REPORTS : County Representative Report : Representative Frank Proto reported on the following : 1 ) Libraries -- he chairs the County Library Committee 2) Budget Process - the County has started the process for 1999 budget and have set the calendar. 3 ) Bus Shelter for Danby -- the County has approved buying City of Ithaca shelters and one will be installed in Danby near the Danby Fire Station for the Park and Ride . 4) Child Health Plus Program -- would like to see the Child Health Plus Program published in the Danby Area News . The program is free to eligible children and is based on income . For more information residents may call 1 - 800-282-0068 . 5 ) Fire Training Facility - the County has adopted a Fire Training Facility with the City of Ithaca and the area included Danby . An Advisory Board is being developed and he has contacted our Fire Departments asking if anyone is interested in serving on the Advisory Board. 6) Sales Tax - The County has a substantial balance in sales tax revenues . 7) Property Foreclosures in Tompkins County for non payment of taxes from 1994 - there are two (2) properties in Danby . 8) Tompkins County Water Resource Council had their first meeting -- Danby has a seat on that Board and a person can be appointed at this time . 9) Farm Land Protection Board -- have reviewed the first draft of the Farmland Protection Plan. 10) Biggs Building -- the County is working to sell the property and getting it back on the tax rolls . 11 ) Libraries-- The Public Library is looking for a new site or renovating the present building . 12) Danby School -- trying to put together a program to put the school back in use again . 13 ) Sales Tax on Clothing --there is consideration for a permanent elimination of sales tax on clothing for items up to $ 100 per article and no decision has been made at this time . The loss of sales tax money must be replaced somehow and would probably be property tax . Economic Development Strategy County Representative Barbara Blanchard, Chair of the Strategic Planning Committee addressed the Board and public with background information on the formation of the committee and goals . The committee has been developed to get information and ideas of how to address concerns about economic development in Tompkins County . Funding has been provided to create an economic strategy plan for the entire County. There are many people and committees involved in the planning at various levels . The goal of the committee is to have a short, intermediate and long range project and programs that they can work on. Some of the things they are looking for are specific recommendations for how to improve skills for training and development. Materials were left for the Board to review and included a short survey for the Board to complete and return. She requested that one Board member attend and participate in one of the group discussions that are being held in February . Councilperson Gagnon will attend one of the meetings . Environmental Management Council (EMC) Robert Roe reported that the Federations of New York State are going to hold their annual meeting in Ithaca. There will be a conference and briefing session on a proposal by the EMC to introduce a Catch and Release program on a three year trial basis . Only one SEQR has been before the Land Uses Committee and it was a proposal from Cornell University to be exempted from nitrogen oxide provisions in the clean air provisions of the Federal Clean Air Act and the application was rejected . . . I X37 Town Board Minutes 3 February 9, 1998 Mr. Roe is the EMC Representative for Danby and is on the Land Uses Subcommittee (SEQR Reviews), County Flood Mitigation Committee . He reported that he has been appointed to the NYS Citizens Task Force on Deer Management. The task force provides deer information to the DEC for setting the size and limitations of the deer herd in NYS . He also reported that Danby has a voting position on the Water Resources Council and urged the Town Board to fill that position as soon as possible . Councilperson Gagnon asked that notice be placed in the Danby Area News soliciting interested persons for the Water Resources Council . Highway Department Report Highway Superintendent William Hall reported that he would like permission to advertise for bids to purchase an aluminum structural plate box culvert to be placed on Steam Mill Road . He also reported that he is interested in the Roads Management Intern Project through Cornell University. He has looked at other programs and townships who have used this program successfully and reported that this would be worthwhile for Danby. Intent to participate must be made by February 13 , 1998 . Councilperson Steiner asked the Highway Superintendent if purchases of more than $ 10 , 000 followed the Town ' s Procurement and Procedures Policies for purchase . Highway Superintendent Hall reported that purchases made in quantity throughout the year for fuels and gravel were purchased through New York State bids or by Tompkins County bids and it was not necessary for the Town to go through a bidding process for those items . Senior Citizen ' s The Senior Citizen' s held their monthly meeting on Thursday, February 5 , 1998 and entertainment was provided by the Benson Family of Lansing . The Danby Senior ' s exercise group will begin for a second six (6) week session in approximately two weeks. Code Enforcement Office - January Report Received Susan Beeners reported that she has an update on a matter of code enforcement reported to the Board in an Executive Session in January. She requested an executive session of the Board for the update . She has received many potential development applications and things in which the Planning Board or the Board of Zoning Appeals would have to be involved . Planning Board Report Supervisor Horst reported that a committee has interviewed candidates for appointment to the Town of Danby Planning Board . The Board will discuss the findings of the committee in Executive Sessions . Arch Dotson reported the following : Planning now includes economic development and it is the Planning Board that will provide the data and do the analysis that are necessary . We need professional help with our comprehensive plan. We are in the process of preparing a comprehensive plan and it is a priority item of the Planning Board . He said he was pleased that he was consulted and included in the interviewing process . The Planning Board needs a full board and the committee recommendations will be presented to the Board. Supervisor Horst reported on the interviewing process for interviewing Planning Board candidates . Prior to the last Town Board Meeting he checked on the legality of the process under which interviews could take place and appointments could be made . Information obtained from the State of New York is that if the interviews are done by the Town Board as a whole it is subject to the Open Meetings Law; however interviews can be done in Executive Session. Interviews can also be done by an interview committee. If more than two members of the Board are on the interview committee it is also subject to the Open Meetings Law. The decision of the Board was that Planning Board candidates would be interviewed by a committee . The interviews were taped so that all the Board members could listen to the interviews . The committee has concluded their interviews and is prepared to make recommendations to the Board. X38 Town Board Minutes 4 February 9, 1998 Councilperson Steiner said that there was not sufficient time for Board Members to submit questions for the candidates nor was he informed of when the interviews would occur . Dog Control Report - SPCA December Report Received The Town Clerk reported that a list of unregistered dogs to date from the dog enumeration has been submitted by the SPCA with approximately 280 unregistered dogs in the Town of Danby. The SPCA will be sending delinquent notices to the owners as soon as the list has been reviewed against our registered listing . OLD BUSINESS : Revised Purchase Offer - Old Town Barn Property Susan Beeners reported that a revision to the Purchase Offer is necessary due to a proposed revised access to the cemetery and the cemetery right-of-way and an item that relates to environmental matters of digging and drainage . Susan reported that this is a revised purchase offer from the Town to Vent and there has been no official response in writing. She has discussed the revised right-of- way with Olivia Vent in August or September . There may be further adjustments to the revised right-of-way . RESOLUTION NO. 27 OF 1998 APPROVAL OF REVISED PURCHASER OFFER - FORMER TOWN HIGHWAY BARN PROPERTY By Councilperson Steiner : Seconded by Councilperson Strichartz WHEREAS, the Town of Danby Town board by Resolution No . 76 of 1997 , on December 8 , 1997 , authorized the Town Supervisor to sign a revised purchase offer from Peter Trutmann and Olivia Vent for the Old Town barns located at 15 Bald Hill Road ; and WHEREAS, additional revisions related to environmental matters and to access have been reviewed by the Town board; now, therefore , it is RESOLVED, that the Town Board authorizes the Town Supervisor to transmit the revised purchase offer to Peter Trutmann and Olivia Vent for consideration and signature , and authorizes the Town Supervisor to, execute said purchase offer, with such minor changes therein as the Town Supervisor may deem suitable and appropriate . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously NEW BUSINESS : RESOLUTION NO . 28 OF 1998 AUTHORIZATION TO SUBMIT 1997- 1998 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION TO U. S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT By Councilperson Gagnon : Seconded by Councilperson Steiner WHEREAS, The Town of Danby has completed a process of investigation in its community to determine community development needs for the current year, and WHEREAS, The Town has determined that it has certain community development needs, and WHEREAS, The town believes that the Small Cities CDBG program can be effectively used in order to meet those community development needs , now therefore be it RESOLVED, that the Town of Danby is hereby authorized to apply for funding in the 1997 - 1998 round of Small Cities CDBG funding, and further t, ., { ' 1 I { : ; a X39 Town Board Minutes 5 February 9, 1 998 RESOLVED, That the Town Supervisor or his designee be authorized to sign all documents related to the submission of the Small Cities CDBG application, including the application and the Abbreviated Consolidated Plan . A roll Call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 29 OF 1998 AUTHORIZATION OF HIGHWAY SUPERINTENDENT TO ADVERTIZE FOR BIDS FOR THE PURCHASE OF ONE (1 ) ALUMINUM STRUCTURAL PLATE CULVERT By Councilperson Steiner : Seconded by Councilperson Strichartz WHEREAS, The Town of Danby Highway Superintendent has requested permission to advertize for bids for the purchase of one ( 1 ) Aluminum Structural Plate Culvert for Steam Mill Road, be it RESOLVED, That the Town of Danby Town Board grants permission for the Town of Danby Highway Superintendent to advertize for bids for the purchase of one ( 1 ) Aluminum Structural Plate Culvert for Steam Mill Road . A roll Call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 30 OF 1998 BID OPENING SET FOR 10-WHEEL DUMP TRUCK WITH SNOW PLOW AND WING AND ALUMINUM STRUCTURAL PLATE CULVERT By Councilperson Steiner: Seconded by Councilperson Gagnon WHEREAS, The Town of Danby Highway Superintendent has requested authorization to advertize for bids for the purchase of one ( 1 ) 10-Wheel Dump Truck With Snow Plow and Wing and an Aluminum Structural Plate Culvert, now be it RESOLVED, that the bid openings for the 10-Wheel Dump Truck With Snow Plow and Wing and g. an Aluminum Structural Plate Culvert be set for Wednesday, March 4, 1998 at 7 : 00 P . M. at the Danby School Facility, 54A Gunderman Road, Ithaca, New York . A roll Call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Planning Board Appointments Motion to Postpone Planning Board Appointments A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that; 1 ) the Town Board postpone until a special meeting next Monday at 7 : 00 P . M . further consideration of Planning Board appointments so that all of the Town Board members can have an opportunity to review the information about the candidates acquired so far, and ; 2) that we request that all X40 Town Board Minutes 6 February 9 , 1998 candidates attend that meeting so we have an opportunity for follow-up questions, and 3 ) that we state for the record that the process we are following for making these appointments is not intended to serve as a precedent for future appointments . Discussion : Councilperson Gagnon said that the taping was a good step but there has not been an opportunity for the Board to listen to them. Councilperson Steiner said that he did not have the opportunity to listen to the taped interviews . He said he wanted the ability to participate in the process and did not feel that he was able to participate and would support the motion to delay . Councilperson Strichartz said that this situation is difficult for her and she voted to do the interviews by committee but did not have the input that she thought she would have by submitting questions for the interviewers . Supervisor Horst said that the interview process was discussed at the Agenda Meeting, Wednesday, February 4, 1998 . The interview committee was present and it was discussed when the interviews would take place . He said he thinks it is a mistake to avoid assigning some things for committees to do as it is impossible for all of us to be involved in every item that comes before this Town Board. It demonstrates a lack of trust and a lack of confidence in people who are serving on committees . Without committees we are going to get bogged down. Councilperson Inman said that this is no different than having two people as a committee negotiate with the highway department and bringing information back to the Board . Councilperson Steiner called the question : A vote on the question resulted as follows : Three Ayes Two Nays Failed Supervisor Horst said that the method of interviewing for the Planning Board appointments did not set a precedent as far as he is concerned and he was carrying forth what the board indicated they wanted him to do and that is why interviews were done by committee . Councilperson Gagnon said that he crafted the language to address the concerns that he and others had and only those concerns . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Nay Steiner Aye Strichartz Aye Carried Horst Nay House Numbering and Road Name Changes for E-911 Code Enforcement Officer Susan Beeners asked the Board to approve a letter to be sent to property owners to notify them of house number street addressharein orrecteoEare out of listing .sequence . properties in the Town of Danby do not Every property in the town must have a number for mailing purposes and the E-911 system . Discussion : Councilperson Gagnon said that he has a real problem with this as he recognizes and understands . , 41 Town Board Minutes 7 February 9 , 1998 the needs to rationalize the street numbering and it is important that we straighten this out for emergency services. His problem is that your official address is someplace else than where you live . Your place of residence should be your official address . When they closed the Post Office in West Danby residents were allowed to keep their West Danby address . Susan Beeners said that West Danby residents have the option of using a West Danby address with the Spencer NY Zip Code for mailing purposes . Motion to Approve Communication Letter for Address Change A motion was made by Councilperson Inman and a second was assumed for discussion that the Town of Danby Town Board approve the continuation of address changes made by the Code Enforcement Office for E-911 purposes . Councilperson Gagnon fully supports changes in street numbering for E-911 but not the mailing address part and does not feel we should have to do it . Councilperson Inman said that all he is asking is the continuation of house numbering changes which is already in the system for E-911 to be operational . This is nothing new but something that the Code Enforcement has already been doing . A vote on the motion resulted as follows : Four (4) Ayes One ( 1 ) Nay Carried Comprehensive Plan Update The Town Board has received a copy of Working Notes-Comprehensive Plan Update, Scope of Work, Draft Comprehensive Plan Topical Outline, and Possible Maps Project related to the Comprehensive Plan with a copy of the Planning Board Resolution No . 1 of 1998 entitled "Recommendation to the Town board on Comprehensive Planning Project" . The Planning Board recommends to the Town Board that an agreement be approved for comprehensive planning services from the Tompkins County Planning Department, and that appropriate funding for the comprehensive planning project be provided . Susan Beeners reported that information provided is just a transmittal from the Planning Board and progress report on activities related to comprehensive planning . She said that presently she has been working with Tompkins County Planning to come up with a reasonable contract and scope of services for rider and mapping work that should be ready for the March meeting. Planning Board Chairman Arch Dotson said that at the end of this series of goals we should come up with a theory of what we would like Danby to look like and what Danby might want to be . We are now at a stage where we have established some goals and objectives and have moved through some of the techniques and analysis that will get us there . Supervisor Horst said that it is very important that we have a full Planning Board and it is important new members are appointed soon so that we can complete our comprehensive plan . The Town applied for a NYS Planning Grant to help with the funding of the project that was not awarded. We need to be prepared at the March meeting to discuss funding possibilities that the past Board agreed to support if a grant was not forthcoming . Councilperson Gagnon is a little concerned that we are getting along in the process and have not gotten a lot of public input at that critical first stage . The Board was not included in the process and really need a general discussion of what has transpired and where we are and if we are on the same track. In the absence of the grant funding we may want to choose to do this a little differently. He said that in the past the BZA, Town Board, Planning Board and residents pooled their resources in terms of being to execute the task. Supervisor Horst said that we should allow the Planning Board to come to the Board with what their C Ad Town Board Minutes 8 February 9 , 1998 projected costs are going to be to complete the comprehensive plan. The work scope is 12 - 18 months . Lettnech Ivry Clifititreffeeig Strichartz said that she thinks that the formation of committees with members of the Board and public might be possible . Councilperson Steiner said that it is important that we as Board members go to some of the meetings and it is most appropriate that we get the opinions of the residents . There has been a lot of criticism of the existing comprehensive plan and we need to go forward and get the job done . Supervisor Horst said that the Board expects the Planning Board to report to the Town Board . Motion to Continue Meeting: A motion was made by Councilperson Inman at 9 : 00 P .M. and seconded by Councilperson Gagnon to extend the Town Board meeting to 10 : 00 P . M . to complete the meeting agenda. A vote on the motion resulted as follows : Carried Unanimously Change Order for Town Hall Renovation/Addition Project Councilperson reported that he has received from Chris Warner, Architect and Milligan Construction a recommendation to accept a proposal from Rick Lazarus for the renovation work under the floor of the Town Hall . If the Town accepts the proposal the cost will be $4 , 141 . 00 less than the original base bid and will be placed into the construction contingency fund. The proposal is for the foundation work under the Town Hall and will save the existing floor. The Board reviewed the financial report of the construction project for the Town Hall Renovation Project to date . Motion to Accept Proposal for Change Order From B . Milligan Construction A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to accept the Change Order recommendation from B . Milligan Construction to approve a change order for the Town Hall Renovation/Addition Project to contract with Rick Lazarus to do the work on the foundation and floor of the Town Hall Project . A vote on the motion resulted as follows : Carried Unanimously APPROVAL OF WARRANTS : West Danby Water District Fund Warrant No . 2 of 1998 - Approved A motion was made by Councilperson Steiner No .and of 1998 by oucher numbers Inman n the approve the of West Danby Water District Fund Warrant $ 1 , 565 . 98 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye Highway Fund Warrant No. 2 of 1998 - Approved A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve the Highway Fund Warrant No . 2 of 1998 voucher numbers 13 - 81 in the amount of $24 ,732 . 03 . A roll call vote on the motion resulted as follows : e : X43 Town Board Minutes 9 February 9, 1998 Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously General Fund Warrant No. 2 of 1998 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve the General Fund Warrant No . 2 of 1998 voucher numbers 36 - 83 in the amount of $ 11 ,989 . 45 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Town Hall Construction Fund Warrant No. 1 of 1998 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Steiner to approve the Town Hall Construction Fund Warrant No . 1 of 1998 voucher numbers 1 - 3 in the amount of $ 107,441 . 67 . Airtech HTG & A/C Systems, Inc . - Application No . 1 $ 12 , 112 . 50 B . Milligan Construction - Application No . 5 - $42 , 310 . 72 B . Milligan Construction - Application No . 6 - $ 53 , 018 . 45 A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Town Clerk' s January 1998 Report - Approved A motion was made by Councilperson Steiner and Seconded by Councilperson Inman to approve the Town Clerk ' s January 1998 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 ADJOURNMENT : On a motion the meeting adjourned at 1020 : p . m . ai&J)Y Carol W. SczeptA ki, Town Clerk min-2 -9-98