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HomeMy WebLinkAbout1999-11-08 1 Town Board Minutes November 8 , 1999 TOWN OF DANBY TOWN BOARD MINUTES NOVEMBER 8 , 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 Richard Charsky - NYSEG Representative Attorney John Barney - Town Attorney Ian Shapiro - Heating Engineer Patti Van de Bogart - Heating Consultant Members of the Public : Mary Oltz, Robert Roe , Edw. M. Roberts , Ames Brown, Eileen Wright, Gladys , Varona-Lacey, Linda Dorn, Roy Casterline , Esther Dotson, Lauren Bishop , Pat Woodworth, Norbert Nolte Supervisor Kenneth Horst called the meeting to order at 7 : 01 p . m. and led all present to the Pledge of Allegiance to the American flag . ADDITIONS TO THE AGENDA : 1 ) Discussion on the budget 2) Purchase of truck for Highway Department 3 ) Transfer of funds for Danby Area News 4) Amendments to Highway Capitol Equipment Fund 5 ) Voting Machine Modification for handicapped 6) Machine for pot hole patching for Highway Department PRIVILEGE OF THE FLOOR : Supervisor Horst addressed the Board with a list of Tompkins County Boards and committees . The Town may appoint or recommend persons to serve as representatives on behalf of the Town to the Tompkins County Board of Representatives for consideration . Richard Charsky - NYSEG Representative addressed the Board and public . The topic was street lights in Danby . A recent survey by NYSEG showed that there are 21 street lights in the Town of Danby. Additional street lights may be obtained and NYSEG would make recommendations to the Town . The cost for each additional street light would be approximately $ 143 per light per year. Robert Roe - 1820 Danby Road - reported that Danby has a voting position on the Water Resources and the Technical Advisory Committee and that both positions are vacant . He urged the Board to fill these positions as water issues are increasing in Tompkins County. The County originally created these positions and wanted representation by the Town Boards . Councilperson Strichartz reported that Ted Jones has resigned from the Water Resources Council . No resignation letter from Ted Jones has been filed with the Clerk . S Edward M. Roberts - 47 Bald Hill Road - is concerned about the burned out business on the corner it of Bald Hill Road and 96B and asked if the Town could help clean up the property . Town Voting Machines - Mr . Roberts reported that the three (3 ) Town voting machines must be modified to make them handicapped assessable . The cost is approximately $ 135 . 00 per machine and the modification can be made on site . Ames Brown - 1840 Danby Road - would like to see additional street lighting added on the corner of East Miller Road and West Miller Road intersection. There is no lighting on the West Miller Road side of 96B near the bridge . X125 2 Town Board Minutes November 8, 1999 REPORTS : EMC Report : (Environmental Management Council) Robert Roe reported that there were two (2) important issues addressed at the EMC . 1 ) A report and evaluation of Unique Natural Areas is now in its final draft form and should be available to the Planning Board soon. 2) At the request of the EMC he has prepared draft a resolution concerning the remediation of the Cornell University radioactive dump site and presented a copy of the draft resolution to the Board for consideration recommending that the County Board strongly urge Cornell University to select Option 6 to permanently remediate the toxic mobility problem. He urged the Town Board to consider the adoption of this draft resolution or a similar resolution Town Hall Heating System : Attorney John Barney reported to the Board that there are some things that deal with litigation and will be best discussed at this time in executive session of the Board . Councilperson Steiner said that he would like to know if the Town of Danby had notified the architect and /or the heating contractor in writing that the heating system is not performing properly . Attorney John Barney reported that both the architect and heating contractor were notified approximately one year ago notifying them that there were problems with the heating system . The response from the architect was that he thinks that the contractor should have insulated a little more and the insulation alternate not removed from the bid . There was no response from the heating contractor. Letters were sent to the architect and/or heating contractor from the Code Enforcement Officer. Motion to Adjourn to Executive Session : A motion was made by Councilperson Gagnon and seconded by Councilperson Inman at 7 : 50 p . m. to adjourn to executive session of the Board to discuss pending litigation related to the Town Hall heating system. Discussion: Councilperson Gagnon said that what would be appropriate in public session would be entertaining questions about what kind of system modifications we had intended and answering questions related to those suggested modifications . Attorney John Barney said that there are two areas of discussion where professional advise is needed and should be discussed in executive session. The first is what is the recourse if there is improper design or improper installation, and the second issue is that now that we are here , we have this system, what do we want to do about it and what do we want to spend on it. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously The Board moved to Executive Session. Regular Session of the Board Reconvened at 8 : 50 P. M. Supervisor Horst said that the Board can discuss the various options that are available to fixing the heating system before the public . Consulting engineer Ian Shapiro reported that there are four or five options available . One suggestion he made is for placing two space heaters because of the low installation cost and the low operating cost for energy efficiency . Two additional heaters could be installed if necessary for 1126 3 Town Board Minutes November 8 , 1999 additional heating and suggested electric heaters to be added to the bathrooms . The furnace for that heats the meeting room is not of adequate size and the duct work is too small for efficient heating and air circulation . The addition of space heaters would work with the existing system. Patti Van de Bogart reported that there is not adequate ventilation in the building and that a boiler operating system could adequately heat the meeting room and bathrooms . A benefit would be that a hot water system is that it could be zoned on one thermostat and the bathrooms could be easily added to the system and a boiler would not take up a lot of space . The Code Enforcement Officer expressed concern that many persons may be operating the space heaters when there are meetings and activities in the building and questioned whether it would be necessary to use the ceiling fans for heat and air circulation. Supervisor Horst reported that we have three options to look at to remedy the heating situation. Councilperson Gagnon said that we were committed to pursuing the option of adding space heaters and does not see the need to revisit the issue . Supervisor Horst said that the Board passed a resolution to seek bids but not to go with that system . Cost for installation of space heaters or correcting the existing heating and air system is estimated between $ 16 ,000 and $25 ,000 . 00 . RESOLUTION NO . 73 OF 1999 AUTHORIZATION TO APPROVE TWO THOUSAND DOLLARS FOR HEATING CONSULTANT ENGINEERING SERVICES By Councilperson Steiner : Seconded by Councilperson Inman WHEREAS, the Town of Danby Town Hall heating system requires remediation, now therefore be it RESOLVED, that the Town Board of the Town of Danby authorizes Tiatem Engineering be hired as a consultant to develop diagnostic and cost estimates for the heating system repair at a cost not to exceed $2 , 000 . 00 and to submit this information to the Town Attorney for legal action if appropriate . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO, 74 OF 1999 AUTHORIZATION FOR TOWN ATTORNEY TO COMMENCE WITH LEGAL PROCEEDINGS By councilperson Gagnon : Seconded by Councilperson Inman RESOLVED, that the Town Board of the Town of Danby authorizes the Town Attorney to institute and commence with legal proceedings on behalf of the Town should it become necessary when the diagnostic information for the heating system from Tiatem Engineering. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously 0 , r I J l ur i 1 011111 i ( ' J I 1 � r ! ii: i i t 11 tl I 1 I a ' a � . . . ., . .. , �. . � � . a .1 l .l 14 dt t" I ,h� 1 .r .......... 1 I 2 7 4 Town Board Minutes November 8 , 1999 Councilperson Steiner reported that the heating contractor may not have paid prevailing wages on the work performed on the Town Hall heating system . RESOLUTION NO . 75 OF 1999 REQUEST FOR TOWN SUPERVISOR TO REQUEST INFORMATION FROM NEW YORK STATE DEPARTMENT OF LABOR By Councilperson Steiner: Seconded by Councilperson Inman WHEREAS, The Town has questions as to whether the heating contractor may not have paid prevailing wages to employees working in the installation of the Town Hall Heating system as required by New York State Department of Labor, now, be it RESOLVED, That the Town Board of the Town of Danby requests the Town Supervisor to contact the New York State Department of Labor to look into that matter regarding prevailing wages . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO. 76 OF 1999 AMENDMENT TO RESOLUTION NO . 56 OF 1995 By Councilperson Steiner : Seconded by Councilperson Gagnon RESOLUTION NO. 56 of 1995 AS AMENDED ESTABLISH THE "TOWN MACHINERY AND EQUIPMENT RESERVE FUND OF THE TOWN OF DANBY FOR PURCHASES OF FIFTEEN THOUSAND DOLLARS ($ 15,000.00) OR MORE" UNDER SECTION 6-C OF THE GENERAL MUNICIPAL LAW WHEREAS ; the Town Board of the Town of Danby duly convened in regular session for their monthly meeting, Monday, November 13 , 1995 , at the Danby town Hall , does resolve as follows : SECTION 1 . That there be and hereby is established a capital reserve fund in the amount of Twenty-five Thousand Dollars ($25 , 000 . 00) for the purchase of machinery and equipment costing more than Fifteen Thousand Dollars ($ 15 ,000 . 00) . SECTION 2. Such fund to be known as the "Town Machinery and Equipment Reserve Fund of the Town of Danby for Purchases of Fifteen Thousand Dollars ($ 15 ,000 . 00) or More" . SECTION 3 . That the estimated cost of said machinery and equipment has not been established. SECTION 4. That out of the surplus monies of said Town now on hand for the year 1995 and not otherwise appropriated, the sum of Twenty-five Thousand Dollars ($25 ,000 . 00) be and the same hereby is appropriated for the "Town Machinery and Equipment Reserve Fund of the Town of Danby for Purchases of Fifteen Thousand Dollars ($ 15 ,000 . 00) or More" and the Supervisor of the Town is hereby authorized and directed to transfer from surplus funds of said Town of Danby the sum of Twenty-five Thousand Dollars ($25 ,000 . 00) to the Fund . SECTION 5. Such additional funds as may hereafter be appropriated shall become a part of the Fund . SECTION 6. The monies in the Fund shall be deposited in a separate bank account in the Tompkins County Trust Company. SECTION 7. The Supervisor in his/her discretion, may invest the monies in the fund in the manner provided in Section 6-F of the General Municipal Law of the State of New York. Any interest earned or capital gains realized on the monies so deposited or invested shall accrue to and become 1128 5 Town Board Minutes November 8 , 1999 part of the Fund . SECTION 8 . No expenditures shall be made from the Fund except by authorization of the Town Board pursuant to the provisions of Section 6-C of the General Municipal Law of the State of New York. SECTION 9. This resolution shall take effect immediately. REPORTS CONTINUED : Highway Report for October Received Zoning Report - October 1999 Received The Code Enforcement Officer submitted to the Supervisor and Highway Department liaisons information on financing options to be considered for the Salt Shed Project . Code Enforcement Office Report : Received November 8 , 1999 Funding for Salt Storage Shed Project Code Enforcement Officer reported that she has checked out the possible funding through a revolving fund process. She forwarded some of the information to the highway department liaisons . There is a December 1 , 1999 deadline for application for both a short or long term loan and would require Board authorization. She reported that she had not researched other methods of financing . Discussion : Supervisor Horst said that the total cost for the project is approximately $ 126 , 000 . 00 . Even though the Town ' s share there are matching funds that may be awarded through a grant. The Town ' s portion must appear in the budget. We have to include the whole amount as it is reimbursable after expenditure . Councilperson Gagnon reported that the money to be expended and is contingent upon receiving the grant. The Code Enforcement Officer asked that the Board confirm the salt storage shed project funding and where it appears in the budget. She would be glad to meet with someone on this and said she is suggesting that the highway department liaisons loan information. She said that she does not understand budgets . She suggested that engineering services be budgeted for this project. Councilperson Steiner reported that his understanding is that the Town' s matching portion of the project is to be charged to the building account that already exists and that is in excess of what our projected share is . Councilperson Gagnon said that our commitments to this account exceeds our balance . Something needs to be budgeted for the year 2000 . Motion to Extend the Board Meeting: A motion was made by Councilperson Inman and seconded by Councilperson Gagnon at 10 : 00 p . m. to extend the Board Meeting to 10 : 15 p .m. . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously 1129 6 Town Board Minutes November 8, 1999 Planning Board Report: Robert Roe reported that at the Planning Board Meeting on November 27, 1999 the following items were addressed : 1 ) The Board is now in possession of the draft sections of the comprehensive plan that deal with History and Culture and Housing. This is four out of the seven sections . 2 ) The extension for the Fort Locks Storage Mall was approved . Community Council Report: Pat Woodworth reported that Community Council there is a parents workshop scheduled at the Town Hall for November 18 , 1999 . Senior Citizen ' s Report: Carol Sczepanski reported that the Danby Senior Citizen ' s held their Annual Thanksgiving dinner at the Danby Federated Church on November 4, 1999 . The Annual Christmas dinner will be on December 2 , 1999 at the Common Ground . Dog Control : August and September 1999 SPCA Report - Received Recreation Partnership : Councilperson Gagnon reported that the Recreation Partnership discussions are getting rather interesting . Supervisor Horst reported that the Town has not received a request for payment or voucher for 1999 payment to the Recreation Partnership . OLD BUSINESS : Comprehensive Plan The Code Enforcement Officer sent a request to the Tompkins County Department of Planning to extend the current circuit rider contract. She has received confirmation from the Tompkins County Department of Planning to that they are willing to write a new agreement with the Town of Danby to extend the services of the circuit rider for a period of three (3) months . The extended circuit rider contract will end on March 31 , 2000 . Motion to Extend Agreement With Tompkins County Planning Department for Circuit Rider Services for the Comprehensive Plan Through March 31 , 2000 A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner that the Town Board of the Town of Danby approves the extension of the Agreement with Tompkins County Planning Department to extend the services of the circuit rider for a period of three (3 ) months to complete a draft of the comprehensive plan deliver maps that are in draft form and authorizes the Town Supervisor to sign the contract entitled - PLAN -98 - 7- 8020 A (Addendum) A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Town Hall Driveway RESOLUTION NO 77 OF 1999 APPROVAL OF IMPROVEMENTS TO TOWN HALL DRIVEWAY ENTRANCES By Councilperson Steiner: Seconded by Supervisor Horst RESOLVED, that the Town Board of the Town of Danby hereby authorizes the Town Highway Department to make improvements to the front driveway entrances to the Town Hall , generally to include the installation of Item No. 4 stone and calcium, at an estimated cost of $2000 . 00 with such funding to be provided from Account A 1620 . 400 . Discussion : 1130 7 Town Board Minutes November 8 , 1999 Councilperson Steiner said that we need to recognize and look at different alternatives for maintenance and repairs on Town properties other than our highway department. Councilperson Gagnon said that last year we had the stone and gravel placed in the driveway and parking area and a lot of it was plowed off during the winter. A roll call vote on the resolution resulted as follows : Gagnon Nay Inman Aye Steiner Aye Strichartz Nay Horst Aye Carried RESOLUTION NO . 78 OF 1999 TRANSFER OF HIGHWAY DEPARTMENT FUNDS - Approved By Councilperson Steiner : Seconded by Councilperson Inman RESOLVED , that the Town Board of the Town of Danby approves the transfer of $235 . 00 from Account A5132 .400 to A5010 .400 to cover expenditures of $45 . 00 for State Highway Association dues and printing costs of time cards in the amount of $ 187 , . 00 . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 79 OF 1999 TRANSFER OF HIGHWAY DEPARTMENT FUNDS-SALT STORAGE SHED - Approved By Councilperson Steiner : Seconded by Councilperson Gagnon RESOLVED , that the Town Board of the Town of Danby approves the transfer of $960 . 00 from A1990 .400 to A5132 . 400 to cover revised opinion of project costs related to the salt storage shed project . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 80 OF 1999 TRANSFER OF HIGHWAY FUNDS - GENERAL REPAIRS - Approved By Councilperson Steiner : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby approves the transfer of $21 , 170 . 00 from DA5112 .400 to DA5110 .400 for general repairs on West Jersey Hill Road and Hill Road . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously . . . , I t h . , . .) b. :M 61 ti t �ti i3 �� I< i i ! ..�._.x 9. 31 8 Town Board Minutes November 8, 1999 RESOLUTION NO. 81 OF 1999- PERMISSION TO SCRAP TRUCK NO. 35 - Approved By Councilperson Strichartz : Seconded by Councilperson Inman RESOLVED,that the Town Board of the Town of Danby declares Highway Truck No . 35 obsolete and gives approval to the Highway Superintendent to scrap Highway Truck No . 35 for salvage . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 82 OF 1999 - TRANSFER OF FUNDS - Danby Area News - Approved By Councilperson Inman : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby approves the transfer $ 1 , 500 . 00 from Account No . A7149 . 400 to Account No . A7310 . 400 . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Motion to Authorize Town Hall Meeting Room for Holiday Party A motion was made by Councilperson Strichartz and seconded by Councilperson Inman that the Town Board of the Town of Danby grants permission to Community Council to reserve the Town Hall Meeting Room on Saturday, December 18 , 1999 from 12 : 00 noon to 5 : 00 p .m . for a Holiday Party. A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Motion to Create a List of Appointments and Solicit Interest - Approved A motion was made by Councilperson Gagnon and Seconded by Councilman Strichartz that a list of vacancies for appointments to County boards and committees and Town of Danby boards and committees be developed and published in the Danby Area News asking interested residents to contact the Town. A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously 1132 9 Town Board Minutes November 8 , 1999 RESOLUTION NO. 83 OF 1999 - Approved AUTHORIZATION FOR STREET LIGHT - ROUTE 96B AND BUTTERMILK LANE By Councilperson Steiner : Seconded by Supervisor Horst WHEREAS, the residents at the Old Town Village have submitted a petition to the Town Board of the Town of Danby requesting street lighting at the intersection of Route 96B and Buttermilk Lane , now be it RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign a letter authorizing New York State Gas and Electric (NYSEG) to install a street light at the intersection of New York State Route 96B and Buttermilk Lane , and be it further RESOLVED , that the street is light be the minimum required to adequately illuminate the intersection and that it be down lit to minimize the effect on the neighbors . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Motion to Authorize Late Publication of Danby Area News for December 1999 Issue A motion was made by Councilperson Gagnon and seconded by Councilperson Stiener to authorize the late publication of the December 1999 and January 2000 issues of the Danby Area News due to the Thanksgiving and Christmas holidays . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously RESOLUTION NO . 84 OF 1999 AUTHORIZATION FOR HIGHWAY SUPERINTENDENT TO SOLICIT QUOTES FOR PURCHASE OF PICKUP TRUCK By Councilperson Steiner : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby authorizes the Highway Superintendent to seek quotes and purchase one ( 1 ) four wheel drive pickup truck with plow not to exceed the maximum weight limit of one ( 1 ) ton and that the price of purchase is not to exceed $20,000 . 00 , and be it further RESOLVED, that the Town Board of the Town of Danby approves payment for the purchase of one ( 1 ) four wheel drive pickup truck from the Highway Equipment Capital Reserve Fund Account . A roll call vote on the resolution resulted as follows : Gagnon Aye Inman Aye Steiner Aye Strichartz Aye Horst Aye Carried Unanimously Motion to Approve Upgrading of Voting Machines A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to approve . . . i IE ; I I I I i 1 I . . .d Lr , r . 4 Vd . . . G Ili it a 4i k.. 1133 10 Town Board Minutes November 8 , 1999 funding for upgrading three (3 ) Town of Danby voting machines to make them handicapped accessible for a cost not to exceed $200 . 00 per machine . 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. 11 of 1999 - Approved A Motion was made by Councilperson Strichartz and seconded by Councilperson Strichartz to approve General Fund Warrant No . 11 of 1999 , voucher numbers 472 - 518 in the amount of $ 7 , 761 . 84 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried Councilperson Steiner abstained as he has not viewed the warrant. Highway Fund Warrant No. 11 of 1999 - Approved A motion to approve the Highway Fund Warrant No . 11 of 1999 voucher numbers 266 - 278 in the amount of $ 30 , 681 . 22 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried Councilperson Steiner abstained as he has not viewed the warrant. West Danby Water District Fund Warrant No. 11 of 1999 - Approved A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve the West Danby Water District Fund Warrant No . 11 1999 voucher numbers 36 - 41 in the amount of $990 . 68 . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Abstained Horst Aye Carried Councilpersons Steiner and Strichartz abstained as they had not viewed the warrants . 1 1 34 11 Town Board Minutes • November 8 , 1999 Approval of the Town Clerk' s October 1999 Report A motion was made by Councilperson Gagnon and seconded by Supervisor Horst to approve the Town Clerk' s October 1999 report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Inman Aye Steiner Abstained Strichartz Aye Horst Aye Carried Councilperson Steiner abstained as he has not reviewed the report . ADJOURNMENT : On a motion the meeting adjourned at 10 : 18 p . m . delS/ hr9fltJtA2 min 11 - 8 -99 Carol W . Sczepa47rei• Clerk