HomeMy WebLinkAbout1998-03-09 i0
1 Town Board Minutes
March 9 , 1998
TOWN OF DANBY
TOWN BOARD MINUTES
MARCH 9, 1998
7 : 00 P.M.
Regular Meeting
PRESENT :
Supervisor R. Kenneth Horst
Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz
Others Present :
County Representative - Frank Proto
Code Enforcement Officer - Susan Beeners
Highway Superintendent - William Hall
Town Clerk - Carol W . Sczepanski
Members of the Public :
Bob Roe, Roy & Mary Casterline, Edw. M . Roberts, Jerry & Marjorie Catlin, Amy Cusimano , John
Henderson, Margaret Shepard, Pat Woodworth, Ted Jones, Linda Howe, Josefina Griffin, Mary Oltz,
Arch & Esther Dotson, Judy VanDermark, Toni McBride, Pete Barbis, Joe Pompeii, JoAnn Palmer,
Mary Lou Hardesty, Dan Klein, Charles Tilton, Dawn Parks and others
Supervisor Kenneth Horst called the meeting to order at 7 : 04 P .M . and led all present to the Pledge
of Allegiance to the American flag.
ADDITIONS OR DELETIONS TO AGENDA :
ADDITIONS :
1 ) Councilperson Inman requested the addition of Town Hall Renovation/Addition Project
Facility change orders ;
2) Councilperson Steiner requested an update for the Town Barns Property purchase and the
Highway Department request for permission to build an access drive on Comfort Road and
a review of legal fees paid to the Town Attorney;
3 ) Agreement to Spend Highway Funds (CHIPS )
4) Pat Woodworth requested that a financial report for Community Needs Programs be added
to the agenda;
DELETIONS :
1 ) Janice Johnson from the County Youth Bureau
2) Kathy Lind
No Board Member objected.
Chairperson Horst reported that there would be no interviews this evening for applicants to the Board
of Zoning Appeals .
PRIVILEGE OF THE FLOOR
Town Clerk Carol Sczepanski asked the Board for permission to attend the Annual Town Clerk' s
ed that the Town of Danby Records Retention
Conference on April 19-21 , 1998 . She reported y
p
Committee wil l b e meeting as soon as we are back to the Town Hall evaluate our needs for storage
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of archive and permanent records .
Councilperson Inman reported that there is not a definite date for the return of Town Offices to the
Town Hall . Our move is dependent on the renovation and repair to the front of the building . The
contractors are painting the new addition this week .
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March 9, 1998
Members of the Public :
Amy Cusimano - reported to the Board that she must know the exact amount of funds available for
the Jennings Pond Program for 1998 . It is time to hire lifeguards , and to determine the number of
hours for operation. She would like to raise the hourly pay for lifeguards and to increase the hours
of operation if the amount of $7 ,400 is available for the pond program. Longer hours would help
to reduce the illegal swimming after hours . She asked the Board to confirm the amount of $7 ,400
allocated for the Pond Program in the 1998 Town Budget .
There was lengthy discussion regarding an amount of $2, 000 that was included in the $7 ,400 to be
used for insurance for the Pond Program. Insurance for the pond swimming program can be added
to the Town insurance without additional cost to the Town.
Chairperson Horst reported that there have been no changes in the allocations for the pond program
and the Town can receive $ 1 , 100 from the County of the $7 ,400 allocated in the budget .
County Representative Report :
Representative Frank Proto reported :
1 ) The County Board approved Part II (second part) of the Agricultural and Farm Land
Protection Program and submitted the report for the Board to review. The Board also passed
a resolution in support the Northeast Dairy Compact.
2 ) Water Resources Council Meeting -- meets once monthly and Danby may appoint a member
to serve on the council .
3 ) Community Development Block Grants -- are accepting applications from residents in Danby
for this program;
4) Libraries (Reading Rooms) -- there will be more publicity to increase participation in Danby
and Caroline . No decision has been made for the Public Library and a need for renovation,
new building, or new location.
5 ) Youth Programs -- residents should submit questions for youth programs and needs to him
so that they can be forwarded to the County;
6) Bus Shelter -- The County will place the bus shelter at the Danby Fire Station;
7) Biggs Building -- there may be a purchaser for the building that would place it back on the
tax rolls .
The Board recessed at 8 : 45 P . M . for ten ( 10) minutes .
The Board reconvened at 8 : 55 P . M. and moved to New Business -- Award of Bids for the purchase
of One ( 1 ) 10-Wheel Dump Truck with Plow and Wing and an Aluminum Box Culvert.
NEW BUSINESS :
10-Wheel Dump Truck with Plow and Wing
Highway Superintendent William Hall recommended to the Board that they consider the bid from
BurrTruck & Trailer Sales, Inc. Of 2901 Vestal Road, Vestal, New York in the amount of $ 105 ,235
meets all the specifications and was the lowest bid received. There is one deviation in the bid where
he asked for a bumper to bumper two (2) year warranty and the warranty is one ( 1 ) year basic with
other components covered by the manufacturers .
Pete Barbis from Burr Truck & Trailer Sales addressed the Board and described the basic warranty
and warranties provided by the manufacturer. Delivery date on bid was submitted as July 1 , 1998
and is approximately ninety (90) days from date of order. If they are awarded the bid they would like
to extend the delivery date to July 7 , 1998 .
A later possible delivery date was discussed and the highway superintendent said the truck is needed
Oas soon as possible .
RESOLUTION NO. 32 OF 1998
AWARD OF BID - 10-WHEEL TON DUMP TRUCK WITH PLOW AND WING
By Councilperson Gagnon : Seconded by Councilperson Inman
WHEREAS, the Town of Danby has advertised for sealed bids for a new 1997 or newer 10- Wheel
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March 9, 1998
Dump Truck with Plow and Wing, and
WHEREAS, on. Wednesday, March 4 , 1998 at 7 : 00 P .M . bids received by the Town were opened
by the Town of Danby Town Board, and
WHEREAS, all bids received were reviewed by the Town Board and the Highway Superintendent,
now be it
RESOLVED , that the Town Board of the Town of Danby awards the bid for a 10-Wheel Dump
Truck with Plow and Wing to Burr Truck & Trailer Sales, Inc. , 2901 Vestal Road, Vestal, New York
13850 for their low bid of $ 105 ,237 . 00 as the bid that best meets the needs of the Town Highway
Department and be it further
RESOLVED, that the delivery date for the complete unit 10-Wheel Dump Truck with Plow and
Wing is July 7 , 1998 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Abstained
Strichartz Aye
Horst Aye Carried
Councilperson Steiner abstained as his Caskey' s is one of his customers and are affiliated with Burr
Truck & Trailer Sales, Inc . , although not a part of the bidding process .
RESOLUTION No. 33 of 1998
AWARD OF BID - ALUMINUM STRUCTURAL PLATE BOX CULVERT
By Councilperson Gagnon : Seconded by Councilperson Inman
WHEREAS, the Town of Danby on February 13 , 1998 , duly advertized for bids for the furnishing
of an "Aluminum Structural Plate Box Culvert" , and
WHEREAS, the Town Board of the Town of Danby held a bid opening on March 4 , 1998 for the
furnishing of an "Aluminum Structural Plate Box Culvert", and
WHEREAS , the Town of Danby received one single bid for the furnishing of and ""Aluminum
Structural Plate Box Culvert" , now be it
RESOLVED, that the Town Board of the Town of Danby award the single bid submitted by Mr.
Kenneth R. Karoglenian, Sales Representative for Capitol Highway Materials, Inc . , Route Six,
Baldwin Place, New York 10505 for their bid totaling $ 13 ,458 . 16 which includes $480 . 00 for extra
receiving channels .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
PRIVILEGE OF THE FLOOR:
Robert Roe of 1820 Danby Road addressed the Board and read the following to be entered into the
record :
"FOR THE RECORD:
I am writing to the Town of Danby Town Board to express my concern over a developing situation which is
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March 9 , 1998
very disturbing.
Since last autumn, it appears that a group of individuals have been cruising the byways of the community.
Under the provisions of the towns ' Junk Ordinance these individuals have been filing complaints with the
Town Code Enforcement Officer about properties that they deem to be in violation of the provisions of this
ordinance .
What makes this process disturbing is that almost without exception the targets of these complaints have been
elderly members of our community who have limited resources . In some cases these individuals are also
coping with life threatening illnesses or are experiencing other difficulties . Also targeted have been some other
members of minorities in the community.
I do not believe that the framers of the towns ' Junk Ordinance intended it to be a mechanism for selectively
reducing the diversity of our community or a means of culturally cleansing our community by driving a
selected portion of our residents from their homes under the threat of legal actions demanding unaffordable
acts of remediation or actions beyond the physical abilities of the individuals so targeted .
Since the ultimate outcome of the process noted will be a community with little or no cultural, ethnic,
economic, or age diversity I believe the Town Board of the Town of Danby must undertake a revision of the
Junk Ordinance so as to offer some protection to the members of our community unable to draw upon sizable
pensions .
As an initial step toward reducing the political/cultural applications of this ordinance the Town Board might
consider "grandfathering" existing properties . These properties would then have to be brought into compliance
with the provisions of the ordinance on the sale or transfer of the property .
Other mechanisms to address this problem may also occur to members of the Town board.
Thank you .
Sincerely,
Robert Roe
1820 Danby Road"
Mary Oltz - 1873 Danby Road -- would like to know the status of an amount of $ 13 , 000 awarded
to the Town from New York State through Assemblyman Luster for part of the Town Hall
Renovation/Addition Project.
Councilperson Inman will contact Assemblyman Luster' s office for information on the funding from
New York State .
COMMUNICATIONS :
1 ) Memo from Elizabeth Owens-Roe -- dated 3 /4/98 regarding Danby Area News
2) Memo from Charles H . Tilton -- dated 3 /4/98 - regarding Danby Area News and Danby ' s
Web Page
3 ) Memo from Pat Woodworth --dated 3 /4/98 - regarding Danby Area News
Supervisor Horst said that the Danby Area News and guidelines would be addressed at the April
1998 Town Board Meeting.
REPORTS :
EMC - Robert Roe reported on the following : 1 ) that a formal information question and answer
session will be held on March 10, 1998 at the Dewitt Middle School regarding the Cornell Cooling
Low Level Radio Active Dump and Chemical Dump that is leaking into ground water. Copies of the
full report are available at the Public Library, Lansing Village Town Hall and he has a copy released
by Cornell if anyone is interested in reviewing the background information . 2) The Department of
Environmental Conservation is under review by NYS Assembly ' s Committee on Environmental
Conservation in the areas of enforcement, allocation of permits , regulatory policy, and mission
organization and structure. 3 ) Potential revision of fishing regulations for the Southern Cayuga Lake
Tributaries .
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March 9, 1998
Highway Department Report :
Superintendent William Hall reported that many of our dirt roads are very soft and the department
is trying to firm them up with stone as fast as possible . He hopes that the roads dry up very soon.
Senior Citizen Report:
Edward M. Roberts reported that the Senior Citizens will be meeting at 6 : 00 P . M . starting with the
May Meeting. The number of members has increased this year. The Danby Senior Citizens request
for funding has been submitted to United Way . Mr. Roberts reported that he was informed that
money could not be released from United Way for the Senior Citizens until the other problems in
Danby programs have been straightened out,
Zoning: Code Enforcement February 1998 Report with five (5 ) year overview of permit activity
attached received.
Dog Control -- February 1998 Report received. The Town Clerk reported that the Dog Enumeration
is going well . The SPCA is in the process of sending notice to owners of unlicensed dogs that they
must license their dogs or they will be ticketed for violations . The Town Clerk has placed a reminder
notice in the Danby Area News to residents that they must license their dogs and renew that license
annually.
Planning Board Report:
Arch Dotson reported that the Planning Board is working on two (2) important issues : 1 ) Adult
Entertainment Facilities and 2) Telecommunication Towers . Members of the Planning Board have
attended two information sessions dealing with the issues and are collecting information related to
both the Adult Entertainment Facilities and Telecommunications Towers to assist them in preparing
legislation for moratoria for the Town of Danby. The Planning Board has submitted a proposal and
proposed budget for the Comprehensive Plan Project to the Town Board for approval .
Motion to Extend Board Meeting:
A motion was made by Councilperson Steiner at 9 : 00 P .M . and seconded by Councilperson Gagnon
to extend the Board Meeting to 910 P . M. to approve the Minutes of Meeting, Approval of Warrants,
Town Clerk' s Report and Supervisor' s Report and if time permits the remaining New Business and
Old Business on the Agenda.
A vote on the motion resulted as follows :
Carried Unanimously
Community Council Report :
Pat Woodworth reported for the Community Council Finance Committee . A written copy was
submitted to the Board with proposals attached. The Town of Danby Community Council is eligible
to be reimbursed $3 ,000 by Tompkins County and a reimbursement of $ 1 , 191 for the Pond Program.
Community Council are requesting : 1 ) that the $6 , 000 allocated for the Danby Needs Programs be
allocated for Youth Services Programs based on the Needs Assessment Survey, and 2) that the
County reimbursement funds received in 1998 for 1997 programs be allocated to the $6 , 000 for
youth programs in 1998 .
There was lengthy discussion regarding youth programs and fund allocations by the Town to receive
the maximum amount of reimbursement from the County.
Pat Woodworth reported that it is difficult to make plan for programs if you don' t know what monies
are available . Community Council needs to know how much money is available to plan their
programs .
Supervisor Horst said that all Community Council needs to do is come to the Board with the
programs and we can allocate the money .
Motion to Allocate Tompkins County Reimbursement For Youth Programs
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the
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March 9, 1998
County reimbursement received in 1998 of $ 5 ,988 for youth services provided in 1997 be allocated
in the 1998 programs to be used for youth services .
A vote on the motion resulted as follows :
Four (4) Ayes
One ( 1 ) Nay Carried
Discussion on whether to extend the meeting resulted in extending the meeting to 10 : 00 PM
Motion to Extend the Meeting to 10 : 00 P.M.
A motion was made by Supervisor Horst and seconded by Councilperson Steiner to complete
important items on the Agenda.
A vote on the motion resulted as follows :
Four (4) Ayes
One ( 1 ) Nay Carried
Correction of January 12 , 1998 Town Board Minutes
Page 23 - Vote of approval of Year-end Meeting Minutes - - Councilperson Steiner abstained from
vote .
Approval of January 12, 1998 Town Board Minutes
A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the
January 12 , 1998 Town Board Minutes as corrected .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Approval of February 9, 1998 Town Board Minutes
A motion was made by Councilperson Steiner and seconded by Councilperson Strichartz to approve
the February 9 , 1998 Town Board Minutes as published .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Approval of February 16, 1998 Town Board Minutes
A motion was made by Supervisor Horst and seconded by Councilperson Steiner to approve the
February 16, 1998 Town Board Minutes as published .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
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March 9 , 1998
Approval of Supervisor' s January 1998 and February 1998 Reports
A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to approve
the January 1998 and February 1998 Supervisor' s report as submitted.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Carried Unanimously
Approval of February Town Clerk' s Report
A motion was made by Councilperson Steiner and seconded by Councilperson Inman to approve the
Town Clerk' s February 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
APPROVAL OF WARRANTS
General Fund Warrant No. 3 of 1998 - Approved
A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve
the General Fund Warrant No . 3 of 1998 voucher No ' s 84- 115 in the amount of $ 6 ,278 . 92 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Highway Fund Warrant No . 3 of 1998- Approved
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve
the Highway Fund Warrant No . 3 of 1998 voucher numbers 32-48 in the amount of $ 14 ,461 . 04 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
West Danby Water District Fund Warrant No. 3 of 1998- Approved
A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve
the West Danby Water District Fund Warrant No . 3 of 1998 voucher numbers 8 - 9 in the amount
of $ 136 . 74 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
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March 9, 1998
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Construction Fund Warrant : - Approved
A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve
the Construction Fund Warrant of March 1998 voucher numbers 4-6 in the amount of $ 57 , 030 . 76 .
Construction Fund Voucher No . 6 , Payable to B . McMillan Construction is an addition received
on 3 /9/98 and is to be paid only upon receipt of signed application.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Approval for Town Clerk to Attend Annual Conference
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to
authorize approval of the Town Clerk to attend the Annual New York State Town Clerk ' s
Association Conference .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
A motion was made to recess the Board Meeting to Wednesday, March 18 , 1998 at 7 : 00 P . M. There
was no second. The Clerk reported that the monthly meeting of the Planning Board was scheduled
and advertised for that date and time .
Planning Board Meeting Rescheduled
Code Enforcement Officer Susan Beeners reported that she has rescheduled the Planning Board
Meeting from Wednesday, March 18 , 1998 to Wednesday, March 26, 1998 at 7 : 00 P . M . The clerk
will send out a cancellation notice of the Planning Board Meeting and duly advertise a notice of the
rescheduled meeting .
The Board Meeting was extended at 10 : 00 to finish important business.
COST PROPOSALS FOR TOWN HALL RENOVATION/ADDITION PROJECT
Cost Proposal DFL1 for Town Hall Renovation/Addition Project on Hold
Councilperson Inman reported that he has received a cost proposal from B . Milligan Masonry for
additional funding. The original amount proposed in the contract for labor and materials to rebuild
J foundation corners was for $ 5 ,000 and this proposal is for $7, 500 . He said that he would like to put
a hold on this request until he has a complete breakdown on the cost proposal because one
foundation corner is a necessity and one is not.
Approval of Cost Proposal DFL2 for Town Hall Renovation/Addition Project
Councilperson Inman reported to the Board that there is a request from B . Milligan of a cost proposal
that is necessary to replace column molding for 32 ' above the alcove that was removed when the
partition to the kitchen area was removed . The cost is an additional $ 558 . 35 .
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March 9, 1998
Motion to Accept Cost Proposal- DFL2
A motion was made by Councilperson Inman and seconded by Councilperson Steiner to accept the
Cost Proposal No . DFL2 for 32' of crown molding in the amount of $ 558 . 35 .
A vote on the motion resulted as follows :
Carried Unanimously
Approval of Cost Proposal DFL3 for Town Hall Renovation/Addition Project
A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve
the cost proposal for DFL3 for two (2) metal access panels (one 122 x 22 and one 122 x 24) to
allow access underneath the Town Hall and to the attic for a total of $409 . 86 .
A vote on the motion resulted as follows :
Carried Unanimously
Keying System for the Town Hall Facility
Councilperson Inman explained that the total cost is $ 1 , 178 . 50 and there will be a credit of $ 323 . 00
for 19 Yale locks . The system is a secure system and it is not possible to duplicate the keys from
Insta Key.
Motion to Approve of Insta Key Keying System for Town Hall Facility
a motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve
the purchase of a security keying system from Insta Key of Syracuse for the Town Hall Facility for
a total of $ 855 . 50 .
a vote on the motion resulted as follows :
Four (4) Ayes
One ( 1 ) Nay Carried
Councilperson Steiner said that he thinks that the existing system at the Town Hall Facility is
adequate .
Additional Labor and Materials for Fire Doors
Councilperson Inman reported that there will be additional expense for materials and labor to
complete two (2) 2-hour fire doors and frames of the rest rooms and materials to provide a 2- hour
rating on the walls in the connecting corridor leading to exits and to the old section of the building .
These changes will bring the building up to code .
Approval of DFL5 Cost Proposal for Fire Doors and Wall
a motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve the
DFL5 Cost Proposal at a proposed cost of $ 1 ,422 for labor and materials for two (2) 2-hour rated fire
doors in frames, or if possible two (2) 1 - 1 /2 hour fire rated wood doors at a lesser cost to the rest
rooms and a fire wall in the corridor leading to the old section of the building.
The Code Enforcement Officer asked that the Board not make a decision on DFL5 until she has a
chance to review her interpretation.
Councilperson Inman withdrew his motion.
Motion to Recess Town Board Meeting
a motion was made at 10 : 35 P .M . by Councilperson Gagnon and seconded by Councilperson
Strichartz to recess the Town Board Meeting to Wednesday, March 18 , 1998 at 7 : 00 P . M .
a vote on the motion resulted as follows :
Carried Unanimously
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March 9, 1998
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SO?l V a td.. [.1
Carol W. Sczepans, , I own Clerk
min- 3 -9 . 98