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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 g 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 . 851 2 Town Board Minutes 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 X52 3 Town Board Minutes 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 i 853 4 Town Board Minutes 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 . 5 4 5 Town Board Minutes 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 855 6 Town Board Minutes 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 ; f # . II .. . I k 1l _ . I. _ _ 7 S 56 7 Town Board Minutes 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 8 Town Board Minutes 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 . `s58 9 Town Board Minutes 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 i l i 1 it 1 859 10 Town Board Minutes March 9, 1998 1 SO?l V a td.. [.1 Carol W. Sczepans, , I own Clerk min- 3 -9 . 98