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HomeMy WebLinkAbout1999-09-13 1104 1 Town Board Minutes September 13 , 1999 TOWN OF DANBY TOWN BOARD MINUTES SEPTEMBER 13 , 1999 Regular Meeting PRESENT : Supervisor Kenneth Horst Councilpersons : Joel Gagnon, Howard Steiner, Naomi Strichartz ABSENT : Councilperson Edward Inman (excused) Others Present : County Representative - Frank Proto Code Enforcement Officer - Susan Beeners Town Clerk - Carol Sczepanski Member of the Public: Roy Casterline , Robert Roe, Claudia Miettunen, Linda Dorn, Ames Brown, Pat Woodworth Supervisor Horst called the meeting . . to order at 7 : 00 p.m. and led all present inthe Pledge of Allegiance to the American flag . PRIVILEGE OF THE FLOOR: Code Enforcement Susan Beeners asked the Board to consider sending a Laurel to the Ithaca Journal commending the community service workers for the painting project on the Town Hall . The Board asked the Town Clerk to send a laurel to the Ithaca Journal commending the community service work on the Town Hall painting project. Members of the Public : Ames Brown - Notice of Board Meeting should be on the north side of the bulletin board at the fire station to be more noticeable to residents . Danby Market might benefit from a reduced speed limit on 96B through the Town. County Representative Report : County Representative Frank Proto reported on the following : County Budget - The County has started the process and are working with committees on the Fiscal Year 2000 County Budget. The County Administrator is proposing a 5 % increase in the County budget. Library - The cost of purchase and renovation for a new library did not include the additional staff necessary for the new facility. Water Resources Council - The County Board has approved a request from the Tompkins County Health Department to do a pollution study to identify buried tanks . Commercial Center Grants - The Danby Church grant application was withdrawn because there is a concern about the separation of church and state . Mr. Proto will contact the Church Trustees HUD Grant Allocations - The HUD grant proposals for Danby and Caroline were not awarded and the applications submitted were excellent . Representatives from Danby and Caroline are planning a conference call with Dan Lamb to determine why the Towns of Danby and Caroline were not included in the awards to Tompkins County . Councilperson Steiner said that if he understands the allocation of HUD monies correctly that Caroline and Danby did not receive monies and that these monieswent 'rather- to waterfront development . 9 fi the City of Ithaca and private businesses in the city . Representative Proto explained that they decreased the monies for housing and increased the allocation for economic development for the waterfront plan. The HUD funds did not go to another ir 1g 1 /1 : i " G k ���i kw imp ,ry , f , Ira 110 5 2 Town Board Minutes September 13 , 1999 area but some of the funds were reallocated . Library Committee - The Library Interim Report of statistics for all four (4) of the rural libraries and reading centers has been completed and a copy will be delivered to the Town. Economic Development - The Chamber of Commerce may be used as a resource by any municipality as a resource for economic issues for economic development. EMC Membership - there were concerns received from Town Boards about the proposed restructuring of how to municipal appointments to the EMC are made . Jennings Pond Update Claudia Miettunen, Coordinator of the Jennings Pond swim program, was pleased with the summer program results. She reported that there were three new lifeguards from Danby this year and there were no injuries or accidents . The water quality was greatly improved this season and they were successful in keeping the geese away from the swimming area. Numbers of users were not available . The volunteer position of pond coordinator is time consuming and requires daily supervision and she suggested that the Board consider this as a paid position Claudia will submit a written report to the Supervisor. EMC - Report Robert Roe reported that at the September meeting of the EMC a resolution was drafted by the Land Use Committee concerning the State Forest Master Plan for Area Seven (7) and includes a statement encouraging the State to share the participation and management decisions of communities who have a significant amount of State Forest Lands within their boundaries . The EMC resolution should reinforce the resolutions that were sent from the Town Board and the Planning Board. The restructuring of the EMC by the Board of Representatives is to reduce the membership of the EMC from 28 to a maximum of 21 and it does include the provision that if a municipal seat remains unfilled by the municipality that it will be filled by appointment of the PIRE (Planning and Intergovernmental Relations and Education) Committee . . All seats on the EMC expire on December 31 , 1999 . Bob reported he has requested that DEC Meeting Minutes and the EMC News be mailed to the Town of Danby Reading Room for the public to read . Motion to Recommend Robert Roe as Danby Representative on the EMC A motion was made by Councilperson Steiner and seconded by Councilperson Strichartz that the Town Board of the Town of Danby recommends the re- appointment of Robert Roe to the Tompkins County Environmental Management Council (EMC) for a two year term beginning on January 1 , 2000 and ending on December 31 , 2001 . A roll call vote on the motion resulted as follows : Gagnon Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Councilperson Strichartz thanked Bob Roe on behalf of the Board for the number of meetings he has attended on behalf of the Town this year. Community Council Report Pat Woodworth reported to the Board that the Community Council sponsored concert with Corner Stone was well attended. The Playground Committee applied for and have received a $ 10,000 . 00 for a playground facility. A new Program Director for youth has been hired . Planning Board Report Robert Roe reported that the Planning Board at their last meeting held a work session on the comprehensive plan. In September there will be Sketch Plan Review for additional storage buildings 1106 3 Town Board Minutes September 13 , 1999 at Fort Locks located near Bailey Homes at 1395 Danby Road . Highway Department Report for August 1999 - Received Danby Senior Citizens Carol Sczepanski reported that the Senior Citizens met on September 2 , 1999 and were entertained by Phil Shapiro . The next meeting will be held on October 7 , 1999 at 6 : 00 p . m. Code Enforcement Report for August 1999 - Received Building seems to be on the increase again. OLD BUSINESS : Investment Policy For TheTown Supervisor Horst presented an investment policy for the Board to review. After review the following motion was made : Motion to Adopt an Investment Policy for the Town of Danby A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon that the Town Board of the Town of Danby adopt the following Investment Policy for the Town of Danby . INVESTMENT POLICY TOWN OF DANBY 1 . SCOPE This investment policy applies to all moneys and other financial resources available for investment on its own behalf or on behalf of any other entity or individual . IL OBJECTIVES The primary objectives of the local government' s investment activities are, in priority order, * to conform with all applicable federal , state and other legal requirements (legal) ; * to adequately safeguard principal (safety) ; * to provide sufficient liquidity to meet all operating requirements (liquidity) ; and * to obtain a reasonable rate of return (yield) . III. DELEGATION OF AUTHORITY The governing board' s responsibility for administration of the investment program is delegated to the Town Supervisor who shall establish written procedures for the operation of the investment program consistent with these investment guidelines . Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a data base of records incorporating description and amounts investments, transaction dates , and other relevant information and regulate the activities of subordinate employees . IV. PRUDENCE All participants in the investment process shall seek to act responsibility as custodians of the public trust and shall avoid any transaction that might impair public confidence in the . . I ;II I i IiE p {I ' �� �It + iu + a + ' +� 1 ' d. �� _� luu ti' e` l � � d.l4slf.�.f � • .,z,.. x107 Town of Danby . Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence discretion and intelligence exercise in the management of their own affairs , not for speculation , but for investment, considering the safety of the principal as well as the probable income to be derived . All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions . V. DIVERSIFICATION It is the policy of the Town of Danby to diversify its deposits and investments by investment instrument, and by maturity scheduling . VI. INTERNAL CONTROLS It is the policy of the Town of Danby for all moneys collected by any officer or employee of the government to transfer those funds to the Town Supervisor within the time period specified by law, who in turn will deposit the funds within 10 days of receipt . . The Town Supervisor is responsible for establishing and maintaining an internal control structure to provide reasonable , but not absolute , assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management ' s authorization and recorded properly , and are managed in compliance with applicable laws and regulations . VII. DESIGNATION OF DEPOSITARIES The banks and trust companies authorized for the deposit of monies up to the maximum amounts are : Depository Name Maximum Amount Officer Tompkins County Trust Co $ 1 ,000 , 000 . 00 Other The policy will be to contact various banks and trust companies to determine where the best interest rates can be obtained . If deemed to be appropriate and financially sound, investments may be made with more than one bank and/or trust company . VIII. COLLATERALIZING OF DEPOSITS In accordance with the provisions of General Municipal Law, SS 10 , all deposits of the Town of Danby, including certificates of deposit and special time deposits , in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured : - 1 . By a pledge of " eligible securities " with an aggregate "market value" as provided by GML SS 10 , equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy . 2 . By an eligible "irrevocable letter of credit" issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any . A qualified bank is 1108 5 Town Board Minutes September 13 , 1999 one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements . 3 . By an eligible surety bond payable to the government for an amount at least equal to 100 % of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State , whose claims - paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations . IX. SAFEKEEPING AND COLLATERALIZATION Eligible securities used for collateralizing deposits shall be held by the bank or trust company subject to security and custodial agreements . The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default . It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities . In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to The town of Danby . The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances , be commingled with or become part of the backing for any other deposit or other liabilities . The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities . The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility . Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities . X. PERMITTED INVESTMENT As authorized by General Municipal Law, SS 11 , the Town of Danby authorizes the Town Supervisor to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments : * special time deposit accounts ; * Certificates of deposit; * Obligations of the United States of America; Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America ; * Obligations of the State of New York ; * Obligations issued pursuant to LFL SS24 . 00 it 25 , 00 by any municipality, school district or district corporation other than the Town of Danby ; I I' V 4 1 I1 111 11 II k r I L u 11 � ' 1 ft 1�f1 � I f IL1, r y4 j ) tt ry u a . [.. , tl iI . ,t1% i, � { 1i.1 ! ! r �I S. I ' I �itlhf , it 1199 6 Town Board Minutes September 13 , 1999 * Obligations of public authorities, public housing authorities , urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments . * Certificates of Participation (COPs) issued pursuant to GML . SS 109-b * Obligations of this local government, but only with any moneys in a reserve fund established pursuant to GML SS SS6 -c, 6-d, 6-e, 6- f, 6-g, 6-h, 6-j , 6-k, 6- 1 , 6 -m, or 6-n . All investment obligations shall be payable or redeemable at the option of the Town of Danby within such times as the proceeds will be needed to meet expenditures for the purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Town of Danby within two years of the date of purchase . XI. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The Town of Danby shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer . All financial institutions with which the local government conducts business must be credit worthy . Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Town of Danby . Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers . The Town Supervisor is responsible for evaluating the financial position and maintaining a listing of proposed depositaries , trading partners and custodians . Such listing shall be evaluated at least annually . XII. PURCHASE OF INVESTMENTS The Town Supervisor is authorized ' contract for the purchase of investments : 1 . Directly, including through a repurchase agreement, from an authorized trading partner . 2 . By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 50 of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No . 88 -46 , and the specific program has been authorized by the governing board . 3 By utilizing an ongoing investment program with an authorized trading partner pursuant to a contract authorized by the governing board . All purchased obligations , unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a bank or trust company . Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Town of Danby by the bank or trust company . Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, SS 10 . 1110 7 Town Board Minutes September 13 , 1999 The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances , be commingled with or become part of the backing for any other deposit or other liabilities . The agreement shall describe how the custodian shall confirm the receipt and release of the securities . Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities . XIII. REPURCHASE AGREEMENTS Repurchase agreements are authorized subject to the following restrictions : * All repurchase agreements must be entered into subject to a master Repurchase Agreement . * Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers . * Obligations shall be limited to obligations of the United States of America and obligations guaranteed by agencies of the United States of America . * No substitution of securities will be allowed . * The custodian shall be a party other than the trading partner. APPENDIX A Schedule of Eligible Securities ( ) Obligations issued, or fully insured or guaranteed as to the payment of principal and interest, by the United States of America, an agency thereof or a United States government sponsored corporation . (ii) Obligations issued or fully guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, and the African Development Bank . (iii) Obligations partially insured or guaranteed by any agency of the United States of America, at a proportion of the Market Value of the obligation that represents the amount of the insurance or guaranty . (iv) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation , school district or district corporation of such State or obligations of any public benefit corporation which under a specific State statute may be accepted as security for deposit of public moneys . (v) Obligations issued by states (other than the State of New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization . 1.. E (vi) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization . (vii) Obligations of counties, cities and other governmental entities of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization . A roll call vote on the motion resulted as follows : . . . . a I I 771 E' lib H [ s i I i I °�1 ii i n yH4 � wb I 11 I I . ai! 11111111 1 i 4 1 III 1111 8 Town Board Minutes September 13 , 1999 Gagnon Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Response to New York State Auditors Regarding Recommendations Supervisor Horst reported that he has sent a letter to the State Auditor • reviewers and indicated that the Town has drafted an investment policy, that we are working on job descriptions and we have reviewed the entire report. He thanked them for their help and sent a copy to the Binghamton office . Noise Ordinance Councilperson Strichartz reported that she contacted Undersheriff Randy Haas and Sheriff Peter Meskill regarding a possible noise ordinance . Both Mr. Haas and Meskill were unanimous strongly asps:tngthat the Town have a local ordinance . She asked the Board to look at other ordinances for information and ideas of what to include if we draft our own ordinance for purposes of enforcement . VALLEY VIEW STREAMBANK REVITALIZATION PROJECT The Town of Danby has applied for funding for a revitalization project on Valley View Road and the Highway Superintendent has requested Board permission to advertize the project for bids . RESOLUTION NO . 63 OF 1999 AUTHORIZATION TO ADVERTISE FOR BIDS THE VALLEY VIEW ROAD STREAMBANK STABILIZATION PROJECT By Councilperson Steiner : Seconded by Councilperson Gagnon WHEREAS , the Town of Danby has applied for and received funding for the Valley View Road Streambank Revitalization Project, and WHEREAS, the Highway Superintendent has requested authorization from the Town Board of the Town of Danby to advertise for bids for the Valley View Road Streambank Revitalization Project, now, be it RESOLVED , that the Town of Danby Town Board authorizes the Highway Superintendent to advertise for bids for the Valley View Road Streambank Revitalization Project and that a professional engineer be consulted for the project prior to requesting such bids, and, be it further RESOLVED, that the Town of Danby Town Board will open the sealed bids on Wednesday, October 6, 1999 at 7 : 00 p .m. and awarded at a regular meeting of the Board in consultation with the Highway Superintendent. Discussion: Councilperson Gagnon said that he is concerned that we not channelize the creek to where we create a smooth straight shot that moves the problem downstream . The pitch is steep and accelerating the flow downstream may have magnifying downstream impacts . Code Enforcement Officer Susan Beeners reported that the Highway Superintendent must be consulted for project specifications . Supervisor Horst requested that the resolution include a statement that a professional engineer be consulted prior to requesting the bids for the project. A roll call vote on the resolution resulted as follows : Gagnon Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously 112 9 Town Board Minutes September 13 , 1999 SALT STORAGE FACILITY RESOLUTION NO. 64 OF 1999 AUTHORIZATION TO DRAFT PURCHASE OFFER FOR SALT STORAGE FACILITY LAND ACQUISITION By councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS, the Town of Danby has applied for a CleanWater/Clean Air bond Act Grant for the construction of a salt storage facility near the Town Highway Department facility ; and WHEREAS , because of limitations on the existing Highway Department property, it is desirable to acquire additional land for the salt storage facility and other purposes ; now, therefore, it is RESOLVED , that the Town Board of the Town of Danby hereby authorizes the Town Supervisor to direct the Town Attorney to draft a purchase offer for the proposed acquisition of approximately 6 . 7 acres adjacent to the Town Highway Department facility, with the condition that any final purchase offer would be subject to Town Board approval prior to making a purchase offer. A roll call vote on the resolution resulted as follows : Gagnon Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 65 OF 1999 AUTHORIZATION TO RETAIN PROFESSIONAL ENGINEERING SERVICES FOR SALT STORAGE PROJECT By Councilperson Steiner : Seconded by Councilperson Gagnon WHEREAS, the Town of Danby has applied for a Clean Water/Clean Air Bond Act Grant for the construction of a salt storage facility near the Town Highway Department facility ; and WHEREAS , professional engineering services are needed for certain planning and budgeting purposes ; now therefore, it is RESOLVED, that the Town board of the Town of Danby hereby authorizes the Town Supervisor to retain the services of a professional engineer for the purposes of preliminary site evaluation and cost estimating for budgeting purposes, with the cost of said services not to exceed $2 , 500 without further Town Board approval , and with said cost to be paid from Account A990 .400 . A roll call vote on the resolution resulted as follows : Gagnon Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously APPROVAL OF WARRANTS and Reports Town Clerk' s August 1999 Report F A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to approve the Town Clerk' s August 1999 report as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Steiner Aye Strichartz Aye Carried Unanimously Horst Aye - 1 4 ; :� III 1„ I lq 4} s [ 4 EL I j �. • ,, . s , ., � 1r ; dlt , r o 1113 10 Town Board Minutes September 13 , 1999 General Fund Warrant No. 9 of 1999 A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to approve the General Fund Warrant No . 9 of 1999 voucher numbers 382 -435 in the amount of $ 7 , 591 .41 . A roll call vote on the motion resulted as follows : Gagnon Aye Steiner Aye Strichartz Abstained Horst Aye Carried Councilperson Strichartz abstained as she has not had the opportunity to audit the vouchers . West Danby Water District Fund Warrant No . 9 of 1999 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the West Danby Water District Warrant No . 9 of 1999 voucher numbers 29-33 in the amount of $403 . 54 . A roll call vote on the motion resulted as follows : Gagnon Aye Steiner Aye Strichartz Aye • Horst Aye Carried Unanimously Highway Department Fund Warrant No. 9 of 1999 A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to approve the Highway Department Fund Warrant No . 9 of 1999 voucher numbers 239-251 in the amount of $21 , 570 . 57 . A roll call vote on the motion resulted as follows : Gagnon Aye Steiner Aye Strichartz Abstained Horst Aye Carried Building Project Fund (General) A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon to approve the Building Project Fund (HA1620 .400) in the amount of $ 903 . 10 . Discussion : A voucher for the removal of trees and stumps was withheld until the amount of the bill can be verified . The amount of $ 1050 . 00 exceeds the approval of the work performed . A roll call vote on the motion resulted as follows : Gagnon Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Approval of the Supervisor' s August 1999 Report A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to approve the Supervisor ' s August 1999 Report as submitted . HA I I Town Board Minutes September 13 , 1999 A roll call vote on the motion resulted as follows : Gagnon Aye Steiner Aye Strichartz Aye Carried ADJOURNMENT : On a motion the meeting adjourned at 9 : 25 p .m . dulailWartej min-9- 13 . 99 Carol W . SczepansIgjown Clerk if 4