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HomeMy WebLinkAbout1999-08-16 + 1F 11 4 II 11 i 88& '4 16 9 ill+ 11 j+ l • II sd �+ , +k, rfir k ,F. . tit /6 9ss 1 Town Board Minutes August 16, 1999 TOWN OF DANBY TOWN BOARD MINUTES AUGUST 16, 1999 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 Frank Proto - County Representative Jack Little & Jerry Mickelson - Accountants William B . Hall - Highway Superintendent Members of the Public : Mary Oltz, Robert Roe, Mary & Roy Casterline , Jerry Catlin, Sue Howe, Edw. M . Roberts, Linda Dorn, Ames Brown, Pat Woodworth, Eileen Wright, Dorothy and Willard Daetsch, Jim Herson 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 to the Agenda : The following items were added to the Agenda : 1 ) Investment Policy Draft - discussion added under new business 2) Request from Community Council to use a phone line 3 ) Request for late publication of Danby Area News 4) Noise Ordinance - discussion moved from Old Business to Reports PRIVILEGE OF THE FLOOR: Eileen Wright - 1342 Danby Road - reported that she did not see publication of the change of date for the August Town Board Meeting . Edw. M. Roberts - 47 Bald Hill Road - reported that the Building Oversight Committee has finished their review and recommendations of grant applications for this year. Voting Machine Security - Mr. Roberts reported that as voting machine custodian for the Town of Danby that Tompkins County Board of Elections has requested a statement in writing from both the voting machine custodian and the Town Clerk that the voting machines and building are secure for the 1999 elections . He requested that from the time the machines are set up until after the election that access to the meeting room be discontinued to insure their security by removing the lock box removed and the reading room keys submitted to the Supervisor After discussion the Board will discontinue access of residents to the reading room and the meeting room for voting machine security from the time the machines are set up until after the elections . Pat Woodworth - Treasurer of Community Council requested use of one of the two (2) phone lines that are not in use at the Town Hall for Community Council . Ames Brown - 1840 Danby Road - Glad to see that the audit report is on the Agenda tonight. Noise Ordinance Information Town Justice James Herson and Justice Gerald Catlin, Sr. attended the Board meeting to answer questions of how the Town court respond to noise violations and noise complaints . Councilperson Gagnon reported that he contacted the Tompkins County Sheriff' s Department and received information that there is a provision in State law that allows noise complaints to be prosecuted . The question is whether it would be to the Town ' s advantage to have it ' s own noise ordinance as opposed to enforcing the State law. Justice Catlin reported that he has not had anyone cited for a noise violation in the Town of Danby but it is difficult to enforce a noise law of any kind because what the courts consider excessive noise may differ from what a citizen considers excessive noise . If there is not a signed complaint it may be difficult to prosecute . " . I SIM IMMIFFINIEIIIIIA sannani ain s. — .m—. ,., /D96 2 Town Board Minutes August 16 , 1999 Justice Herson said that there is a State law that deals with excessive noise that has been in effect for many years that allows police agencies to make arrests for violation of law . Most arrests are made by a citizen complaint. Noise ordinances exist all over the State of New York and were originally determined as violation of decibels and are not enforceable as the decibel meters are not reliable . He said that he has received only one noise complaint in the twelve ( 12) years he has served as Town Justice . Justice Catlin said that the if there is no arrest for a noise violation there cannot be a case brought before the court. Judge Herson addressed the issue that residents are afraid to call the enforcement agencies to report a violation for any reason because of possible retaliation of the violators . He does not think that any Danby resident should be fearful of making a call to a police agency . REPORTS : EMC (Environmental Management Committee) Robert Roe reported that in August there will be no meeting of the EMC . There has been an unofficial inventory of structures by the Cell Tower Committee of the EMC that have suitable height for co-location of cell towers and lists four (4) sites in Danby . 1 ) Owned by WTKO on Troy Road ; 2) Frontier Cellular Tower on. Durfee Hill Road; 3 ) Old fire tower off 96B on the Finger Lakes Trail ; 4) County Tower on Durfee Hill . Danby Community Council Pat Woodworth reported that there will be a concert on Sunday, September 12 , 1999 from 2 - 4 P .M . with The Corner Stone performing. The concert will be advertized . Applicants for Youth Manager have been interviewed and a new manager will be hired soon. Highway Department Highway Superintendent William Hall submitted his monthly report . There has been a raise in CHIPS of 1 . 6% and we have received a grant for the stream banks stabilization in West Danby for $7 ,450 . 00 that represents 1 /3 of the project cost . Code Enforcement Office Report - August 1999 Report received . Dog Control - SPCA - June 1999 Report and $20 . 00 in Impoundment Fees - received. Planning Board Report Robert Roe reported that the Planning Board meets on Wednesday September 18 , 1999 . The main item on the Agenda is a public hearing on an addition at Lane ' s Automotive . The remainder of the meeting will be a working session on the comprehensive plan. Audit 1998 Report Jack Little and Scott Andrews of Ciaschi, Dietershagen, Little, Mickelson addressed the Board with the Year Ended Audit of 1998 of the Town of Danby financial records . Included with the report was a letter to the Supervisor and Town Board of findings and recommendations . Mr . Little explained the audit report and recommendations in detail to the Board. The auditors reported that they would be more than willing to be of assistance in any they can with financial decisions of the Board . Scott Andrews will consult with the West Danby Water District Clerk to assist her with controls for the water district . Request for Proposal for Environmental Services A request for Proposal for Environmental Services dated July 22 , 1999 was received from the Code Enforcement Officer. She reported that the revision is for the proposed soil testing at the Old Town Barns site and now includes a provision that the contractor is responsible for all of the excavation and hauling of soils or materials . She recommended that the Draft Request for Proposal for Environmental Services be sent out to engineering firms for cost estimates for the testing and possible costs to clean up of the site should it be necessary . Supervisor Horst said that he has consulted the Town Attorney regarding the RFP and that the Town Attorney has not reviewed the RFP at this time . Supervisor d Horst e funding should be included in the cost for remediation could cost thousands o f dollars and some Fiscal year 2000 budget. The building is used by the Highway Department for storage . hlj 11 k� 1 7 1 AI � a 4 �. i ! I �I , t rl Ill i r E, ! fi 11 2 i;! ! p III a ' ( � 1 i-. . . � � � k ,L. . u� Il t li I t;>rI,.�JIt I c� 1097 3 Town Board Minutes August 16, 1999 Councilperson Steiner said that he would like to Town Attorney to review the RFP before the Board moves ahead with it. Councilperson Inman said that he would like to make sure the property is a clean piece of property and would like to have the requests RFP to be sent out as soon as possible without a commitment to proceed . Motion to Refer RFP to Town Attorney A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to send the RFP to the Town Attorney for his review and upon his approval it is to be sent out to engineering firms for estimates . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Nay Carried Councilperson Steiner agreed to be the liaison for the RFP project . Report on Heating System at Town Hall The Town has received a report dated August 13 , 1999 from Wheaton' s Heating and Air Conditioning . The report states that the heating system and ventilation is not adequate for our building and the consultant has discussed the report with the Town Attorney . The Town Attorney is going to contact the bonding agency regarding the design deficiencies in the heating and ventilation system. Costs for structural changes have not been included in the cost estimate to remedy the design inadequacies . Response to N.Y. S . Comptroller - 1998 Audit The Town Clerk presented a letter from the Office of the State Comptroller regarding the 1998 Audit and suggested recommendations regarding fiscal management. The Town Supervisor will send a letter indicating the progress the Town has made relative to their recommendations indicating that we have a draft investment policy for their review, establishing a control account for the water district, preparing job descriptions and personnel policies and reaffirmed the procurement policy. RESOLUTION NO. 59 OF 1999 REQUEST TO TOMPKINS COUNTY TO REDUCE SPEED LIMIT ON COMFORT ROAD LOCATED IN THE TOWN OF DANBY By Councilperson Gagnon : Seconded by Councilperson Inman WHEREAS, Town of Danby residents who live on Comfort Road have approached the Town Board with concerns about their safety and welfare and have requested that the speed limit on that road be reduced, and WHEREAS , the Town of Danby has received letters from residents concerned with the speeding traffic on Comfort road, now be it RESOLVED , that the Town of Danby Town Board requests that the Tompkins County Highway Department perform a speed test on Comfort Road from N . Y. S 96B to the intersection of Gunderman Road . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously 1098 4 Town Board Minutes August 16 , 1999 Revised Proposed Shared Municipal Agreement From Tompkins County Supervisor Horst reported that the Town has received a revised contract for the Shared Municipal Agreement from Tompkins County . Municipalities were requested to make comments and recommendations to the revised contract. Highway Superintendent William Hall reported that he has not viewed a copy of a final draft at this time and to his knowledge other municipalities will not sign the contract until they have a final draft. Motion to Send Draft Shared Municipal Agreement to Town Attorney A motion was made by Councilperson Gagnon and Seconded by Councilperson Steiner to send the a copy of the Tompkins County Draft Shared Municipal Agreement to our Town Attorney for his review and comment. Comments from the Town of Caroline Attorney and concerns of the Town Board related to the responsibility of sending an operator with shared equipment will also be included. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Local Speed Limits on Town Roads Councilperson Gagnon requested the Board' s support for investigating options for encouraging the local legislature to grant local governments control over local speed limits . Motion to Contact Local Legislature ure Regin Local econded by Councilperson A motion was made by Councilperson Gag ilperson Inman that the Town Board of the Town of Danby authorize Councilperson Gagnon to investigate options for encouraging the local legislature to grant local governments control over local speed limits . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye Danby Area News Publication Deadline Extended A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve the late mailing if the September 1999 issue of the Danby Area News to August 30 , 1999 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye BOND ACT APPLICATION - GRANT FOR SALT SHED The Code Enforcement Officer submitted a revised application for the Bond Act Application dated August 16 , 1999 . The total estimated project cost submitted is $ 105 , 566 . 85 and includes acquisition of additional land and installation of electric . Included in the information are funding options financing the project. The amending resolution is necessary as this is an Unlisted action. The deadline for grant submission is August 18 , 1999 . 1099 5 Town Board Minutes August 16, 1999 The Board reviewed the Draft Salt Storage Facility Grant Application and amended Resolution No . 58 of 1999 as follows : (Underline - new material (brackets - delete) (WHEREAS, the project is a Type II action under SEQR so that no further environmental review is required : ) Whereas, the project is classified as an Unlisted (Type I) action (for the purposes of environmental review to meet requirements of the Clean Water State Revolving Fund,) and the Town of Danby is acting as Lead Agency. Funding sources will be explored how the project is to be funded will be decided later. Motion to Extend Meeting: A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon at 10 : 00 p .m . that the Town Board of the Town of Danby extend the meeting to 10 : 30 p . m . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried RESOLUTION NO. 60 AMENDING RESOLUTION NO 58 OF 1999 RESOLUTION AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE CLEAN WATER/CLEAN AIR BOND ACT OF 1996. By Councilperson Steiner: Seconded by Councilperson Strichartz WHEREAS, the Town of Danby herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the construction of a salt storage facility, as described in its application and attachments, herein called the "Project", is desirable , is in the public interest, and that State assistance is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; and WHEREAS, the Project is classified as an unlisted action and the Town Board of the Town of Danby is acting as Lead Agency. NOW, THEREFORE BE IT RESOLVED, by the Town Board of the Town of Danby 1 That subject to relevant budgetary procedures as required by law, R . Kenneth Horst, Supervisor of the Town of Danby or such person ' s successor in office is the representative authorized to act in behalf of the Municipality ' s governing body in all matters related to State assistance under ECL Article 56 , Title 3 . The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Assistance contract, submit project documentation, and otherwise act for the Municipality ' s governing body in all matters related to the Project and to State assistance ; 2 . That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project ' s field work within twelve ( 12) months of written approval of its application by the Department of Environmental Conservation ; 3 . That one ( 1 ) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the �� 1100 6 Town Board Minutes August 16, 1999 Application for State Assistance Payments ; 4 . That this resolution will take effect immediately . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried nanimously Discussion : Additional costs for additional engineering, possible cost of bonding, interest if a loan is necessary and possible short falls in the project . Motion to Increase Project Estimate by Twenty Per Cent (20 % ) A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to increase the proposed cost of $ 105 , 566 by 20% to a total of $ 126 , 680 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried nanimously TOWN HALL IMPROVEMENTS PROJECT RESOLUTION NO . 61 OF 1999 EXTENSION OF GRANT CONTRACT WITH TOMPKINS COUNTY RELATED TO TOWN HALL IMPROVEMENTS By Councilperson Steiner : Seconded by Councilperson Inman WHEREAS, the Town of Danby and Tompkins County entered into a contract related to a grant awarded to the Town by Tompkins County for various improvements to the Town Hall property, with the term of the contract agreement to be January 1 , 1999 to December 31 , 1999 ; and WHEREAS, the painting of the Town Hall is expected to be accomplished within 1999 ; and WHEREAS , outside of the scope of the grant, the Code Enforcement Officer and the Town Hall Building Committee have been investigating various options related to parking lot improvements and lighting, which options need further investigation before the Town commenced work on other items included in the scope of the grant, such as repairing the Meeting Room entrance area, including the portico floor, front sidewalk, handicapped accessibility ramp , new sidewalk, and curb ; now, therefore, it is RESOLVED, that the Town Board of the Town of Danby hereby requests that Tompkins County approve an extension of the Commercial Revitalization program Grant Contract for Town Hall improvements (PLAN 99-2 - 8020) so that the term of the contract agreement would expire on 2000, and so that any references in the contract which now state "December 31 , 1999 " December 31 , y would be changed to "December 31 , 2000 " A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried nanimously . . f ' f i I it 1 � t g f I r.. . ' I � 1 I1 L1' ' lu1� 11 I iN�l ; , < ,IP I H I ■ jji 1101 7 Town Board Minutes August 16, 1999 RESOLUTION NO 62 OF 1999 The Code Enforcement Officer submitted the following resolution and explained that actual costs for staff time can be billed to applicants for review of applications . DETERMINING VARIOUS FEE RATES FOR THE REVIEW OF CERTAIN DEVELOPMENT APPLICATIONS By Councilperson Inman : Seconded by Councilperson Gagnon WHEREAS, Resolution No . 72 of 1991 , "Establishing Fees for Building Code, Zoning Ordinance, Subdivision Regulation, and Other Enforcement Activities" provides that certain fees may be charged by the Town to cover part of the cost of professional services, including, but not limited to, engineering, planning, legal , and other expenses incurred by the Town in its review of application materials for various development proposals and for its inspection of various development projects if those projects are approved ; and WHEREAS, said resolution also provides that the hourly rates to be charged for Town staff (Code Enforcement Officer, Planning, Legal , time by the Town board; now, therefore , it is RESOLVED, that the Town board of the Town of Danby hereby determines the following : 1 . That the current hourly rate for the Town code Enforcement Officer is $ 19 . 00 ; and 2 . That the current hourly rate for the Town Highway Superintendent is $20 . 46 . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried nanimously Formal Thank You to Bill Brown Finger Lakes State Parks Councilperson Steiner reported that no thank you was extended to the State Parks for the providing new lifeguard chairs, clean up of the Jennings Pond area and other assistance they provided in getting the pond ready for the Summer 1999 swim program . Supervisor Horst will send a letter to Bill Brown of the Finger Lakes State Parks on behalf of the Town Board. Draft Investment Policy Supervisor Horst presented the Town Board with a Draft Investment Policy for the Town of Danby to review. The Board was asked to make suggestions and corrections to the draft and it will be addressed at the next meeting of the Board . Motion to Extend Meeting A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon at 10 : 30 to extend the Board meeting to 10 : 45 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Nay Strichartz Aye Horst Aye Carried Use of Town Hall Telephone Line for Community Council Councilperson Inman reported that there are six (6) telephones to the Town Hall building and that 1102 8 Town Board Minutes August 16, 1999 Community Council has requested use of one of the two (2) available lines that are not in use at this time . He reported that four of the available six are in use . Motion to Approve Phone Line for Community Council A motion was made by Councilperson Inman and seconded by Councilperson Gagnon that the Town Board of the Town of Danby to allow Community Council to use one ( 1 ) of the two (2) unused telephone lines in the Town Hall building and that the cost of installation will and service are to be paid by Community Council . 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 . 8 of 1999 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve the General Fund Warrant No . 8 of 1999 voucher numbers 324 - 381 in the amount of $ 8 , 813 . 72 . 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. 8 of 1999 - Approved A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve the Highway Fund Warrant No . 8 of 1999 voucher numbers 216 - 238 in the amount of $ 18 , 320 . 55 . 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 . 8 of 1999 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Steiner to approve the West Danby Water District Fund Warrant No . 8 of 1999 voucher numbers 24 - 28 in the amount of $ 850 . 62 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously HA (General) Fund Warrant - August 1999 - Approved A HA (General) Fund Warrant was presented with voucher numbers 1 - 3 in the amount of $ 1 ,059 .42 . The Board reviewed the warrant and pulled No . 2 payable to S & S Tree Service in the amount of $ 1 ,050 . 00 as it exceeded the agreed estimate for the service for the removal of the tree stumps . 1 1 I ' II l 1 I � � � � ` f � � , ti . i�i � � I ,C 4 I i I � I � � � kit • � t � 1al I 1k i I t I3 ql I I I I h L�I,� . I I , . . ' _ � I ., . . i. A : I � .I: I� l nl 1 ': � l 1103 9 Town Board Minutes August 16, 1999 A motion was made by Councilperson Inman and seconded Councilperson Strichartz to approve the HA Fund Warrant voucher numbers 1 and 3 in the amount of $ 9 .42 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of Town Supervisor' s July 1999 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to approve the Town Supervisor' s July 1999 report as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of Town Clerk' s July 1999 Report A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve the Town Clerk ' s July 1999 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 Town Board meeting adjourned at 10 : 50 P . M . .s /a/ , / . 1/ . Carol W . Sczepa// 1 , Town Clerk min- 8 - 16 . 99