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HomeMy WebLinkAbout1999-02-08 1026 1 Town Board Minutes February 8 , 1999 TOWN OF DANBY TOWN BOARD MINUTES FEBRUARY 8, 1999 PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz Others Present: Code Enforcement Officer - Susan Beeners Town Clerk - Carol W . Sczepanski Town Attorney - John Barney Highway Superintendent - William Hall NYSEG Representative - Richard Charsky County Representative - Frank Proto Members of the Public : Mary Oltz, Linda Howe, Judy VanDermark, Edw. M . Roberts, Elizabeth Owens-Roe, Lorraine Bard, Mary Lou Hardesty, Robert Roe, Madeline Graham, Ted Jones, Dan Klein, Ames Brown, Kathy Lind, Esther Dotson, Pat Woodworth Supervisor Horst called the meeting to order at 7 : 05 P . M. and led all present to the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA 1 ) Tompkins County Flood Mitigation Technical Advisory Committee - Report PRIVILEGE OF THE FLOOR Town Clerk asked permission to contact a person in the neighborhood to take care of the sidewalks for the remainder of the winter. Kathy Lind - Recreation Partnership Update - The Recreation partnership is now at the end of the fourth year of their pilot program . The program has been successful and there has been a high level of participation of Danby youth . She feels that representation of a Board member from Danby should be on the planning committee for the program . Councilperson Gagnon has agreed to serve on the Recreation Partnership Committee . Richard Charsky - NYSEG Representative - reported on the Customer Advantage Program - Movement Towards Retail Access . August 1 , 1999 all customers in the NYSEG service territory throughout New York State will have the ability to choose their energy supplier. NYSEG is currently doing an inventory on street lighting throughout Tompkins County. NYSEG has a web page that addresses the Y2k problem at www.nyseg.com. They have been working on the Y2k problem since 1996 and expect to be compliant by July 1999 . Lorraine Bard - Layen Road - addressed the Board and said that she thought that Community Council had done a great job last year and hopes to continue to join in their activities that they present to the public this coming year. She read a statement to the Board regarding the Community Council Elections of Officers and how it was conducted and the division of the community residents . Mary Lou Hardesty - 50 South Danby Road - addressed the Board and responded to a letter read to the Board on January 11 , 1999 from C .H . Tilton regarding the Danby Area News . Mary Lou resigned as a volunteer for the Danby Area News publication. Ames Brown - 1840 Danby Road -- addressed the Board and said he hopes the Town adequately funds the newsletter and solves their postage problems . We shouldn' t be discussing this here . I Et t pp i1 11C � l �f� . , i' 9 I 1 .a'. ,. f �� . , � :II Ih � x. t 1027 2 Town Board Minutes February 8 , 1999 Liz Roe - 1840 Danby Road -- commented on an article in today ' s Journal on FOIL (Freedom of Information Law) . REPORTS : County Representative Report: County Representative Frank Proto reported on the Following : 1 ) Youth Services - The County board is reviewing youth services 2) STAR Applications - must be filed by March 1 , 1999 3 ) Aquifer Study - funds have been allocated to complete the project 4) Libraries - continuing study of rural libraries and reading rooms and their relationship with the county library. Their plan is to assist the libraries . 5 ) Hillview Road Landfill Advisory Committee - has been consulted on dates for the committee meetings . 6) Water Quality - the County is planning to do a water quality study in 1999 7) Emergency Services Telecommunication Towers - The County must purchase eight (8) backup generators and will be placing seven (7) towers throughout Tompkins County. Some of the existing towers will continue to be used . 8 ) Speeding Traffic - there is still concern about speeding traffic on Comfort Road. He has sent a notice to the Tompkins County Sheriff of the concern. 9) Sales Tax - was encouraged to vote to keep the sales tax but voted to remove the sales tax as the small amount received is not worth it to the County. Most sales tax monies are received from utility bills . 10) Better Housing Committee - the committee continues to review applications for residents of Danby Representative Proto suggested that one of the Town of Danby Bicentennial throws be displayed at Dewitt Historical Society. EMC (Environmental Management Council) Report Robert Roe reported that on January 13 , 1999 the EMC established standing committees . Bob was reappointed as the EMC ' s representative on the County Flood Mitigation Technical Advisory Committee . (The oversight committee that determines what projects are funded and the amounts . The work schedule on Buttermilk Creek (re-routing of 186 feet of creek) is being reviewed by the Environmental Review Committee . Their recommendations were forwarded to the DEC and the Army Corps of Engineers . The telecommunication towers project proposed for Tompkins County will result in building seven (7) new towers in seven new locations , continuing use of two (2) towers, and five (5 ) will be abandoned. Community Council President of Community Council Dan Klein reported that 115 residents attended the Community Council Annual Meeting. He shares some of Lorraine Bard ' s concerns regarding how the election of officers was conducted. The Council has sent out a "Youth Flyer", sponsored an ice skating trip, and started lifeguard training classes. He encouraged all residents to attend the Community Council meeting on Thursday, February 11 , 1999 at 7 : 00 p . m . Highway Report Highway Superintendent William Hall reported on the January activities of the Highway Department. All the town highway employees attended a air brake seminar. A project proposal has been filed with New York State for federal aid for Station Road to the railroad tracks, Bald Hill Road and Comfort Road . The roads would become eligible for funding of 80% in the year 2000 . The repeater for the radio tower that is shared with other highway townships and Newfield school bus system must be replaced and will be a shared cost. Senior Citizens Report President of the Danby Senior Citizens Edward Roberts that the Senior Citizens have elected new officers and have prepared an agreement with the Town for the Board to consider. He said that the Senior Citizens are not affiliated with the church but rent space for their monthly meetings . . . 111111111111111f•tEnniPYanaminuIeamguon .� ..-...:.1. .. 1028 3 Town Board Minutes February 8 , 1999 Tompkins County Better Housing Oversight Committee Edward M. Roberts reported that the committee has reviewed seven (7) applications for assistance for home repair. Funds available for two (2) more applications to be funded. Twenty-seven applications were submitted for the program . Zoning Code Enforcement Officer Susan Beeners submitted the January 1999 monthly report and an Annual Report for 1998 . New housing starts are approximately the same as 1997 and she thinks that Danby will continue to grow. The Revitalization Task Force Strategic Plan has been sent to the Department of Transportation. Dog Control - November and December 1998 Reports from SPCA have been received Supervisor Horst reported that he has received a letter from Rhonda Rhoring regarding dogs barking in her neighborhood. He will contact the SPCA and respond to the complaint. Planning Board Report : Planning Board member Robert Roe reported that at the January 20, 1999 meeting and approved the establishment of a lot on Hilltop Road that provided access to the newly created lot. A portfolio of maps of the Town of Danby was provided for the board to review. Tompkins County Flood Mitigation Oversight Committee Robert Roe reported that last year project spending of $ 34 , 306 was approved by the Tompkins County Flood Mitigation Oversight Committee. Application procedure will be revised for project consideration and finding. Notices to townships and advertisement will begin at an earlier date and there will be sixty (60) days to respond. Water Resource Report Ted Jones submitted reports on Water Quality Strategy Plan Draft and a Survey from Cayuga Watershed Network. There will be a public forum held by the Water Resources Council soon. NEW BUSINESS : TELECOMMUNICATION TOWERS The Town Board and the Town Attorney have reviewed a draft of the Comi Telecommunications Local Law regarding the regulation of telecommunication towers in the Town of Danby. The Board reviewed and discussed suggested revisions to the draft local law with the Town Attorney. The proposed draft local law must be revised to comply with the Town of Danby Zoning Ordinance . Attorney John Barney suggested that the Town consider extending Moratorium for Telecommunication Towers and the adoption of a temporary local law regulating telecommunication towers while working on the draft . Motion - Request for Town Attorney to Draft a Temporary Ordinance A motion was made by Councilperson Steiner and seconded by Councilperson Inman that the Town Board of the Town of Danby requests the Town Attorney to draft a local law to be adjusted and incorporated into our zoning ordinance for the construction of telecommunication towers, that the purpose of the proposed local law is to be a temporary document while the Town develops a local law with Comi Telecommunications and that a draft of the proposed local law be available for the Planning Board to review on February 17 , 1999 . 14 A vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously If p i 1. ; Id 11 s r . I it 1. i t r � 1� ° t1 I �� �I 1 t It I�p�l if, 9 r �, : . • t7 1r d1 ll }p f ' f _ _� ii ., I I _I.. �. 10 �e t , 113, t t r 1: 1 .� +k. -. ._._.J „n.. 1029 4 Town Board Minutes February 8 , 1999 RESOLUTION NO. 28 OF 1999 PUBLIC HEARING DATE SET FOR EXTENDING MORATORIUM FOR TELECOMMUNICATION TOWERS By Councilperson Strichartz : Seconded by Councilperson Steiner RESOLVED, that the Town of Danby Town Board sets the date of March 8 , 1999 at 7 : 00 for a public hearing to hear the public on the proposed local law entitled: "A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY ( 120) DAYS FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS " . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Senior Citizens Agreement for 1999 The Board has received the Senior Citizens Agreement for 1999 and consideration of approval was deferred to March 1999 . Motion to Extend Meeting A motion was made by Councilperson Steiner and a second was assumed by Supervisor Horst to extend the meeting to 10 : 30 p.m. A vote on the motion resulted as follows : Gagnon Nay Inman Nay Steiner Aye Strichartz Nay Horst Aye No Action Community Council Agreement for 1999 A draft Community Council Agreement was presented to the Board with proposed program expenditures attached. Pat Woodworth reported to the Board that all the Community Council Members had voted by mail ballot to approve the proposed agreement. A budget summary of proposed program expenditures was attached to the proposed agreement. Motion to Include Publication Date and Guidelines Attached for Danby Area News A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to include in the Community Council Agreement that they will publish ten ( 10) issues of the Danby Area News delivered to the postal service no later than the 25th of every month beginning on March 25 , 1999, and that the Publication Guidelines submitted by our Town Attorney be attached to the Agreement for 1999 . A vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Agreement This agreement is made this day of February, 1999, between the TOWN cell(sat@ int iliaa raujiawane ins..rr.�,..nm.• X030 Town Board Minutes Feburayr 8 , 1999 5 OF DANBY with offices at 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the "Town") and DANBY COMMUNITY COUNCIL, whose address is 1830 Danby Road, Ithaca, N .Y . 14850 (hereinafter referred to as the "Contractor") . The Town and Contractor agree as follows : 1 . Services to be Performed. Contractor agrees to perform the following services for the Town: a. Provide jobs and job training opportunities for Danby youth including but not limited to : internships through the Learning Web, summer jobs through the YES program of the Ithaca City Youth bureau and the Employment Opportunity Commission; b . Provide programs for youth and families ; c . Provide holiday social events for the community; d. Provide community programs such as concerts, dances, cultural and other programs aimed at adults ; e . Provide a computer facility for public access in the Danby Reading Center; f. Publish and distribute a town news flyer published according to Town Law # 116 ( 13) and New York State Comptroller Opinion 94- 5 and in accordance with the guidelines attached and that 10 issues will be published and delivered to the postal service no later than the 25th of the month beginning March 25 , 1999 . g. Provide community and social events for the West Danby community cosponsored by the West Danby Association; h. Provide equipment (bookshelf and/or filing cabinet) for the Danby Reading Center. 2 . Fees. The Contractor shall be paid the following sums for each of the above services ; a. Jobs and job training -- $ 5663 . 08 b . Youth/family programs -- $679 . 57 c . Community holiday social events -- $453 . 05 d . Community programs -- $2038 . 71 e . Computer facility -- $ 339 . 78 f. Town news flyer -- $ 3737 . 63 g . West Danby Association -- $356 . 77 , . h. Danby Reading Center -- $ 396 . 42 Any amount not expended during the contract year will not be rolled over in the absence of consent of the Town Board. 3 . Term of Agreement : The term of this Agreement shall be from January 1 , 1999 , to December 31 , 1999, unless earlier terminated by either party . Notwithstanding the term set forth above , this Agreement may be terminated in part or in whole by either party at any time for any reason or for no reason upon three days prior notice to the other party . This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party. In the Ili aI��� .1 It : � f t 1 I is f w. . ,�, .{. .�4. , e 41 p .1 'Y � v i I LC a: 1031 Town Board Minutes 6 February 8 , 1999 event of termination by the Town, the Town shall pay for those portions of the services rendered prior to the date of termination. 4. Quality of Work. The services shall be performed diligently and in proficient and efficient manner. Contractor will provide responsible, properly trained, certified (where required) and knowledgeable personnel to perform Contractor ' s services to the Town. To the extent the reimbursement for services pursuant to this contract is based upon hourly rates for Contractor' s employees or providers, Contractor certifies that the time expended shall be reasonable for the services performed and the Town shall not be billed for any time that is not productively used to accomplish the work for the Town. 5 . (a) Payment for Services. Payment for services shall be submitted on the standard Town voucher which will list the services and activities, the dates on which performed or supplied, and, if applicable, the time spent on each indicated date for which the Town is being billed. Unless otherwise agreed, the vouchers shall be submitted monthly on the first of each month covering services for the preceding month, and the Town will review same and, if acceptable pay for the services after submission of the vouchers to the Town board and approval of same by the Board. (b) Alternate Procedure - The Contractor may supply the Town with a detailed schedule of projected expenditures within a service category. The Town may at its sole discretion pre pay some or all of the projected expenditures . Any monies not used for the intended purpose shall be immediately returned to the Town and if not returned may be deducted from any future payment. 6 . Relationship . The Contractor is, for all purposes (including, without limitation, withholding of income tax, payment of workman' s compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Agreement. Contractor shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Contractor sees fit and for such other persons, firms, or entities as Contractor deems advisable provided that such other services do not constitute a conflict of interest with interests of the Town. 7 . Contractor' s Insurance. Contractor shall provide and maintain insurance coverage for public liability covering Contractor and the Town, its officers , agents, and employees, from and against all suits, claims, loss, liability, or expense (including costs and reasonable attorney' s fees) by reason of any liability imposed upon the Town or any or all of the foregoing persons for damages because of any injury and death, or because of any property damage, including loss of use thereof, resulting from any conditions of the premises for which reimbursement is being made to the Contractor under this agreement. The amount of the policy shall be at least 4500,000 aggregate limits or in such other amounts as the Town may reasonably reviewed by the town' s insurance counsel to determine whether it adequately protects the Town and the Contractor shall comply with any reasonable requirement of the insurance counsel . It is understood and agreed that the Contractor shall be primarily liable, and Contractor' s insurance company shall be the first to respond in the event of any personal injury, property damage, or loss of life arising out the negligence or willful wrongful act of Contractor, or in any way arising out of, or related to, any activities or services by Contractor under this contract. 8 . Contractor May Not Assign. This Agreement may not be assigned by the Contractor without the previous written consent of such assignment from the Town, which consent may be withheld entirely at the discretion of the town, it being understood that the Town is making this Agreement personally with the Contractor and is not intending that it be performed by any other person or entity. 9 . Binding Nature of Agreement. The Agreement is binding upon the parties, their respective successors and when assignment is permitted, assigns . 10 . Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in Supreme court in Tompkins County, New York, and both parties consent to the jurisdiction of each court. 1032 Town Board Minutes February 8 , 1999 . 7 11 . Notices. Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally upon the other party at the address set forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at the address set forth above. Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party . IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above written. R. Kenneth Horst, Supervisor Dan Klein, President ccagr. 1999 ATTACHMENT TO COMMUNITY COUNCIL AGREEMENT - 1999 Possible Guideline language to be included in any contract for publication of a Danby news bulletin subsidized by Danby taxpayers :, Because the Danby Area News is largely subsidized by the taxpayers of the Town of Danby, the content of the publication must be restricted to prevent violation of laws governing permitted uses of taxpayer monies . Accordingly, the content of the Danby Area News shall be limited to those matters that are permitted in a publication by a Town pursuant to Town Law Sections 116( 13 ) and 64( 14) as interpreted by the Comptroller of the State of New York in Comptroller' s Opinion 94- 5 . Generally this means the content of the publication is limited to reports relative to the "fiscal affairs, official acts, programs and meetings of boards, commissions, departments and agencies of the Town" (Town Law Section 116( 13 ), or articles advertising the advantages of the Town or promoting the "general, commercial and industrial welfare of the Town" [subject to certain procedural restraints if more than 43000 in annual costs of publication are to be incurred] (Town Law Section 64( 14) . The publication may not "include articles by individual (s) . . Which set forth the individual positions ,, and opinions of particular [persons] ", or seek to convey favoritism, partiality, partisanship, approval or disapproval concerning an issue . " (Comptroller' s Opinion 94- 5 ) . Accordingly, while lists of events, including perhaps events that are other than government sponsored, may be included as promoting the general, commercial and industrial welfare of the Town, individual articles or letters promoting a particular cause (non-profit or otherwise) and political , religious, or other debates or expressions of opinions, are not permitted . (2/8/99) Discussion on Community Council Contract The Board discussed item No . 5 in the Community Council Agreement - Payment for Services and amended Item No . 5 by adding a part (b) Motion to Approve Community Council Agreement as Amended and Authorize Supervisor to Sign the Agreement. A motion was made by Councilperson Strichartz and seconded by Councilperson Inman that the Town Board of the Town of Danby approves the Community Council Agreement as amended by the Board and authorizes the Supervisor to sign the Community Council Agreement after approval by the Danby Community Council . A vote on the motion resulted as follows : Gagnon Aye Inman Aye `. Steiner Aye Strichartz Aye Horst Aye Carried Unanimously JENNINGS POND PROGRAM RESOLUTION NO . 29 OF 1999 APPOINTMENT OF JENNINGS POND PROGRAM COORDINATOR By Councilperson Steiner : Seconded by Councilperson Strichartz WHEREAS, Claudia Miettunen has expressed a desire to serve as the Town of Danby Jennings IR 1 1033 Town Board Minutes 8 February 8 ,.` 1999 Pond Swim Program Coordinator, now be it RESOLVED, that the Town Board of the Town of Danby hereby appoints Claudia Miettunen of 44 Gunderman Road, Ithaca, New York as the Jennings Pond Swim Program Coordinator for the calendar year of 1999 . A vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Use of Town Hall Meeting Room Supervisor Horst reported that he has consulted with the Town insurance provider and that a Certificate of Insurance is required and that it should state that the Town is the secondary insured on that certificate. Liability coverage as far as any damage during any activity is not covered by our insurance. Councilperson Gagnon suggested that we adopt an interim procedure for the use of the Town Hall meeting room. RESOLUTION NO. 30 OF 1999 USE OF TOWN HALL MEETING ROOM POLICY By Councilperson Gagnon: Seconded by Councilperson Steiner RESOLVED, that the Town Board of the Town of Danby adopts the Use of the Town Hall Meeting Room Policy as follows : TOWN OF DANBY USE OF THE TOWN HALL MEETING ROOM POLICY 1 . Scheduling for Town Meetings to be held in thetown Hall Meeting room may be approved and scheduled by the Town clerk. OTHER USES OF THE MEETING ROOM - POLICY A . All requests for use of the Town of Danby Town hall Meeting Room and Properties for other than municipal meetings must be directed to the Town Clerk for approval , tihe Town Board. 1 . All requests shall be brought before a regularly scheduled meeting of the Town Board of the Town of Danby. B . All requests for the use of the Town Hall Meeting Room shall be approved or denied by the Town Board of the Town of Danby . 1 . If granted a Certificate of Liability Insurance naming the Town as an additional insured shall be filed with the Town Clerk upon scheduling the use of the meeting room. C . Fees for use of the Town Hall Meeting Room and Properties shall be as follows : 1 . Other governmental agencies No fee 2 . Not for profit Organizations No fee 3 . Private requests may be considered by the Board A vote on the resolution resulted as follows : 1_ 034 Town of Danby February 8 , 1999 9 Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Cayuga Watershed Intermunicipal Organization Supervisor Horst reported that we have been invited to appoint a representative to serve on the Cayuga Watershed Intermunicipal Organization . Randy Brown and Tom Zajicek will be contacted to set up an appointment for interviews at the March Agenda Meeting. Motion for Approval of Town Board Minutes A motion was made by Councilperson Gagnon and seconded by Councilperson Inman that the Town Board approve the Town Board Minutes that have been accumulated at the March Agenda Meeting . A vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Supervisor' s January 1999 Report Approval The Town Supervisor' s January 1999 Report was deferred to February 1999 . APPROVAL OF WARRANTS Highway Fund Warrant No. 2 of 1999 - Approved A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve ' the Highway Fund Warrant No . 2 of 1999 voucher numbers 18 - 42 in the amount of $24,266 . 96 . A vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried Councilperson Steiner abstained as there is a purchase by the Town payable to The Battery Warehouse for purchase of a battery . General Fund Warrant No. 2 of 1999 - Approved A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve the General Fund Warrant No . 2 of 1999 voucher numbers 43 -94 in the amount of $26 ,693 . 94 . A vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously West Danby Water District Fund Warrant No. 2 of 1999 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve the West Danby Water District Fund Warrant No . 2 of 1999 voucher numbers 2 - 4 in the amount of $212 . 15 . ksp I — 7 I r I i r ' r� I 1 � f ti . r _ � I ' lil i � i ' � {999 ', f I Ef� 1 rt . I i 1035 Town Board Minutes 10 Februar'7, 8 , ' 1999 A vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Town Clerk' s January 1999 Report A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to approve the Town Clerk' s January 1999 report as submitted . A vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 11 : 15 P .M. //WI a" .4.A: min-2-8 . 99 Carol W . Sczepa ,own Clerk