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HomeMy WebLinkAbout2001-10-08 i r � i ' I l I � L ' j i.I tl 1, I ti 11 ti II . d � � f It e k I ,a,3a.tW .,t ,.. 1385 1 Town Board Minutes October 8 , 2001 TOWN OF DANBY TOWN BOARD MINUTES OCTOBER 8, 2001 Regular Meeting PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey Others Present: Carol W . Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Pete Meskill - Tompkins County Sheriff Members of the Public : Eileen Wright, Willard Daetsch, Esther Dotson, Sue Howe, Nancy Weitzel, Roy and Mary Casterline, Ken Horst, Laurene Gilbert, Tara Hoffman, Jessica Wang, Jackie Kurz, Pat Woodworth, Charles Cole, Steven Uzmann and others Supervisor Edward Inman called the meeting to order at 7 : 03 p.m. and led all present to the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA: 1 ) Supervisor Inman asked that an appointment to the EMC (Environmental Management Council) be added to the agenda. 2) Proposed Resolution for the Full Demolition of Benjamin ' s One Stop . No Board member objected Guest Speaker - Tompkins County Sheriff - Peter Meskill Sheriff Meskill addressed the Board and public with the upcoming County budget process where the Sheriffs Office stands within that budget. The Public Safety Committee has had their deliberations and the Sheriffs Department stands to loose two corrections officers, two deputy sheriffs and one clerical . He said he is here today asking you to consider as a board action or individual action to contact your board legislator and any other legislators on the board in support of the Sheriff s Department budget requests. They have not asked for an increase in staff but money to maintain staff that they currently have. He asked the Board and public if there were specific concerns of the Town. Councilperson Strichartz is concerned with possible cuts and how it may affect the OAR Program and the County Emergency Preparedness Program. Sheriff Meskill reported that the County is having monthly meetings with the main players of the Emergency System on emergency preparedness since the beginning of the year . A Committee is working at putting together an emergency plan for natural disasters. The committee meets at Central Fire Station Monthly on the third Thursday . They are working on the development of a County Wide Disaster Plan. Until recently the typical disaster was a weather related issue or a large fire . REPORTS : EMC Report: Steve Uzman reported that he is an at-large member of the EMC . As Bob Roe cannot attend he requested that Steve make the EMC reports to the Board. The EMC met on September 12th and the highlight of the meeting was a report by Dave Furness from Region 7 on how NYS Forests are managed. New York State is in the final stages of preparing a recreation plan for NYS Forest lands . The biggest request for recreational use of the NYS forest lands come from ATV users . He reported that there are no current plans for ATV use or trails in the NYS forest lands. Oil and gas drilling was also discussed. The Department of Environmental Conservation is pro-drilling. In the Danby State Forest the mineral rights are 75 % owned by the Federal Government. The EMC has requested to 1386 2 Town Board Minutes October 8 , 2001 be an interested agency in the Danby Community Park project. Highway Report : Sue Howe reported that the Highway Superintendent had submitted his written report . She said that the grader may need a major repair as there is moisture showing in the oil . Zoning Report : Susan Beeners reported that the construction activity is the same as it was this time last year . Planning Board Report: Chairperson Laurene Gilbert reported that she thinks that Sarah Newman will be an asset to the Planning Board . Recreation Partnership Councilperson Strichartz reported that the Recreation Partnership Committee met late this month . The United Way will be giving less money to the Recreation Partnership this year . The committee has approved an additional 3 % and Danby' s portion will be $ 57 for the entire year . Community Council : Eileen Wright reported that there will be a Halloween Party at the Fire Hall on the 31st from 5 - 7 p .m. . A concert will be held here at the Town Hall on November 11 , 2001 . She reported that thanks to Willard Daetsch and Bob Strichartz they have applied for the CAP Fund so that concerts may be continued next year. Senior Citizens Carol Sczepanski reported that the Senior ' s met in September for a dish-to-pass supper and were entertained by Fred Moore . The October meeting will be at noon and the entertainment will be Alice Dietrich and Bob Turk. COMMUNICATIONS : 1 ) Tentative Budget - 2002 - received at the Agenda Meeting 2 ) Amended Zoning Ordinance 3 ) Resignation of the Pond Coordinator 4) Report of Agreement for Intermunicipal Shared Highway Services OLD BUSINESS : Benjamin ' s One Stop Susan Beeners reported that the proposed resolutions are for the full demolition of Benjamin ' s One Stop and preparation of bidding documents to proceed with the demolition. RESOLUTION NO . 75 OF 2001 RESOLUTION AUTHORIZING FULL DEMOLITION OF THE BUILDING AT 1860 DANBY ROAD By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS , the Town Board of the Town of Danby by Resolution No . 69 of 2001 authorized the Town Supervisor with the assistance of the Code Enforcement Officer and the Attorney of the Town to take such steps as may be necessary or appropriate in order to demolish and remove portions of the Building located at 1860 Danby Road, as more specifically set forth in said resolution ; and WHEREAS , based on the subsequent structural condition assessment by the Town' s consulting engineer, it is apparent that the cost of partial demolition which is necessary to make the building safe will probably exceed the cost of full demolition; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor with the assistance of the Code Enforcement Officer and the Attorney of the Town to proceed with such steps . j : ;l jj M l ( t _ . I ei _ I a I I { _ .. . GL. . . _. , ! Jr i ll.. : .I l. 'i Yd �ti�� � 7iIL fc :�.a., . . va. 1387 3 Town Board Minutes October 8 , 2001 as may be necessary and appropriate in order to fully demolish the Building located at 1860 Danby Road, provided that the owners of said property stipulate that they, too, believe that the cost of partial demolition which is necessary to make the building safe will probably exceed the cost of full demolition, and provided that an agreement to such is executed between the Town and the owners . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO . 76 OF 2001 RESOLUTION APPROVING THE GENERAL WORK SCOPE FOR BIDDING DOCUMENTS, RELATED TO WORK AT THE PREMISES AT 1860 DANBY ROAD By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey WHEREAS, the Town of Danby Town Board is proceeding with measures related to bring the Building at 1860 Danby Road into compliance with the Town of Danby Local Law No . 4 of 2000 , by reason of structural and other damage from the fire in the Building; and WHEREAS, specifications and bidding documents are being drafted for that work ; NOW, THEREFORE , be it RESOLVED, that the Town of Danby Town Board approves the following general scope of work , notwithstanding specific details and technical provisions within the scope of work : 1 . BASE BID ITEMS (Generally as shown on " 1860 Danby Road, Site Plan 1 ", dated October 8 , 2001 ) : Full Demolition of above-ground Building Areas Removal of contents and demolition and removal of all above-ground components of Building Areas A, B , C , and D , and removal of the cooler attached to Area C , as shown on " 1860 Danby Road, Site Plan 1 ", draft, dated October 8 , 2001 . Removal of all asbestos-containing materials in these Building Areas by a licensed asbestos abatement contractor or subcontractor. This work will be monitored by an independent asbestos project monitor hired separately by the Town, who will also conduct necessary monitoring and testing . B. Slab Retention : All concrete slabs and below-grade footings in these areas are to remain in place . C. Topsoil and Seeding of General Slab Areas : The remaining slabs and footings, and adjacent areas as shown on " Site Plan 1 " shall be covered with topsoil , and lawn shall be installed . Bank Restoration on south end of Building: A bank shall be established with lawn at the south wall of Building Area D following removal of the wall , generally as shown on "Site Plan 1 " . 2 . ALTERNATE BID ITEMS (Generally as shown on " 1860 Danby Road, Site Plan 2", draft. dated October 8 , 2001 ) : Selective Demolition (unless an agreement to proceed with full demolition ( 1 -A above is executed with the property owners before the end of the bidding process) : Removal of contents and demolition and removal of all above-ground components of Building Areas A, B, C, and the cooler attached to Area C . Removal of all asbestos-containing materials in these Building Areas by a licensed asbestos abatement contractor or subcontractor. This work will 1388 4 Town Board Minutes October 8 , 2001 be monitored by an independent asbestos project monitor hired separately by the Town, who will also conduct necessary monitoring and testing. The existing Building Area D ("Garage") is to remain and shall be stabilized and made weather tight generally as follows : The common north wall between Area D and the Areas to be demolished shall be severed from the Areas to be demolished. The roof edge along the common wall shall be closed to seal out the weather . On the front (east) wall, concrete block extending along the sides and top of the existing pass door shall be removed, and new concrete block shall be installed so that the existing pass door and its lintel area are in filled . The south edge of the garage roof shall be repaired and made weather tight . The windows on the south wall shall be boarded over with pressure treated plywood . The plywood facade along the front wall shall be removed . The former window and the existing doorway on the north wall of the garage shall be boarded over with pressure treated plywood. The east and north walls shall be prepared and painted. B . Slab Removal : All concrete slabs of the Building Areas being demolished shall be removed. Footings shall be removed to be within 6 and 12 inches below adjacent exterior grade . The area of slab removal shall be covered with topsoil, and lawn shall be installed. Cavities below the specified area of topsoil may be filled with clean granular material . C . Topsoil and Seeding of Additional Site Areas : Additional areas shown on Site Plan 2 , which are beyond those areas of the building footprint and immediately adjacent areas, shall be covered with topsoil, and lawn shall be installed . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO. 77 OF 2001 TRANSFER OF FUNDS - CODE OFFICE By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS , the Town code Enforcement Officer has reported that Account A8010 . 400 (Zoning Office) contractual is projected to have a shortfall for this year, and WHEREAS , it has been requested that a transfer of funds be made to make up for this projected shortfall , now, therefore, it is RESOLVED , that the Town Board of the Town of Danby rescinds resolution No . 32 of 2001 , which resolution approved the expenditure of up to $250 . 00 from Account A1989 . 400 for the retention of a person with experience in computer programs and data base development, and it is FURTHER RESOLVED, that the Town Board approves the transfer of $288 . 00 from A1989 . 400 to A8010 .400 to offset previous computer service expenses and in part to pay for a computer training class . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously I • I' ! , ) 2 1 222 `pki • ¢ • • I R� , I r �`�' ti r E 1 1 r +{, 1 hI ii • 1 r r 1 I � 'I r � Itr r � 1 1 I i � i ' t • � I r 1 r � r 1 � .. I i� . 1., � _ . �� ! Ij ! G. fair rl�tl , � 4 ( r I � _• _. _ >:•e.. 1389 5 Town Board Minutes October 8 , 2001 RESOLUTION NO. 78 OF 2001 COMPENSATION FOR VOTING MACHINE CUSTODIAN By Councilperson Strichartz: Seconded by Councilperson Varona-Lacey WHEREAS, the Town Board of the Town of Danby approved by Resolution No . 9 of 2001 the payment for services of Robert Whittaker as a voting machine custodian and he no longer can serve as a voting machine custodian for the Town of Danby, and WHEREAS, Roland Boda has completed the Voting Machine Custodian School and was appointed by the Tompkins County Board of Elections to serve as a Voting Machine Custodian for the Town of Danby, now be it RESOLVED, that the Town Board of the Town of Danby will compensate Roland Boda for his service as voting machine custodian at $ 75 . 00 per service . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO 79 OF 2001 AUTHORIZATION FOR TRAINING SESSIONS - CODE ENFORCEMENT By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, the Code Enforcement Officer has reported that attendance at a 2 -day seminar on the International Residential Code, scheduled for adoption in 2002 by New York State , is to be held on October 30 and 31 , 2001 by the Southern Tier Building Officials Association; and WHEREAS, the New York State Codes Division has recommended this seminar as essential for training ; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby approves the expenditure of $200 . 00 for attendance by the Code Enforcement Officer and Assistant Code Enforcement Officer at said seminar, with the source of funds to be charged to Account A1990 .400 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO . 80 OF 2001 APPOINTMENT OF POND SUPERVISOR By Councilperson Strichartz: Seconded by Councilperson Nolte WHEREAS, the Town of Danby has received the resignation of the Pond Supervisor, and WHEREAS , Amy Cusimano has expressed an interest in filling the position of Jennings Pond Supervisor, now be it RESOLVED, that the Town Board of the Town of Danby appoint Amy Cusimano to the position of Jennings Pond Supervisor for the year 2002 swim program . A roll call vote on the resolution resulted as follows : Gagnon Aye 1390 6 Town Board Minutes October 8 , 2001 Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Danby Community Park Procedures for Acquisition Supervisor Inman reported that a proposed resolution for procedures for Community Park Acquisition for Danby Community Park was submitted to the Town Board for consideration . The Town is not supposed to collect private funds for private enterprise . He suggested that the savings account be transferred to a private account. Esther Dotson said that residents could not contribute and have tax exemption if the funds were transferred. She reported that this is not a private enterprise but for a future purchase . The purpose of the fund is not for any private enterprise . She said that this is a public enterprise and it is a donation in expectation of a future purchase by the Town. The Board discussed how an account for the Community Park should be handled . Supervisor Inman tabled further discussion for land acquisition and will place it on the agenda following one of the budget workshops after he has obtained further information from the Town Attorney regarding how an account should be handled . RESOLUTION NO. 81 OF 2001 APPOINTMENT TO THE PLANNING BOARD By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby appoints Sarah Newman of 580 East Miller Road , Ithaca, New York to the Town of Danby Planning Board to fill the vacancy of Dan Klein. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Abstained Carried Motion to Set Dates for Budget Workshops A motion was made by Gladys Varona-Lacey to set the following dates and times for budget workshops : Wednesday, October 10 , 2001 at 5 : 30 p . m . - to review the Highway Budget Wednesday, October 17, 2001 at 7 : 00 p .m. - to review the Water District, Community Council and Zoning budgets with a special meeting of the Board at 7 : 30 p .m. for the Danby Community Park. Monday, October 22 , 2001 at 7 : 00 p .m. - to review the remaining accounts for Justice, Clerk, Jennings Pond, Reading Room and Senior Citizens with other dates scheduled if necessary to complete the review of the budget. A roll call vote on the resulted as follows : r r P Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Burning of Plastics Discussed s I .. i '. � � ^J jl I ; , , 1391 7 Town Board Minutes October 8 , 2001 Councilperson Strichartz reported that she has heard from some residents that their neighbors are burning plastics in their burn barrels . Burning plastics is a health hazard . She has called the fire department and they are going to address this and send an article to the Danby Area News . She thinks that if residents knew that they should not burn plastics they would be more accommodating . Disaster Management Discussion Councilperson Strichartz reported that she thinks someone should approach the Fire Department to discuss Disaster Planning for the Town. Supervisor Inman said that SheriffMeskill addressed this tonight and there are several agencies in the County working on disaster preparedness . Appointment to the Environmental Management Council (EMC) Motion to Appoint EMC Representative A motion was made by Councilperson by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby recommends the re-appointment of Robert Roe of 1820 Danby Road as the Town of Danby Representative on the EMC (Environmental Management Council) for a term that begins January 1 , 2002 and expires December 31 , 2004 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Other Business : Voucher from Come Telecommunications Motion to Authorize Town Supervisor to Respond to Voucher from Come Telecommunications A motion was made by Councilperson Gagnon and Seconded by Councilperson Strichartz that the Town of Danby Town Board to write a letter to Dick Come, Come Telecommunications Services to notifying Come that the Town objects to and disputes the invoice for $4,448 . 33 received on September 12 , 2001 , and requests additional information related to the following : 1 ) Further itemization of that invoice showing who performed each item, and the reason and need for such work. 2) Description of all times prior to that bill when Come ' s consulting engineer performed services related to this application, including dates, fees charged, work conducted and reason and need for such work. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Approval of Supervisor' s August 2001 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Supervisor' s August 2001 report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye 1392 8 Town Board Minutes October 8 , 2001 Carried Approval of the Town Clerk' s September 2001 Report A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Town Clerk ' s September, 2001 report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously APPROVAL OF WARRANTS : General Fund Warrant No. 10 of 2001 A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the General Fund Warrant No . 10 of 2001 voucher numbers 386 - 428 in the amount of $ 12 ,322 . 04 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Highway Department Fund Warrant No. 10 of 2001 A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 10 voucher numbers 135 - 159 in the amount of $69,733 . 79 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously West Danby Water District Fund Warrant No. 10 of 2001 A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 10 of 2001 voucher numbers 37 - 40 in the amount of $ 376 . 72 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 22 p . m. Carol W. Sczep i , Town Clerk min- 10-08 . 01