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HomeMy WebLinkAbout2002-01-14 TOWN OF DANBY TOWN BOARD MEETING AGENDA JANUARY 14 , 2002 ALL PERSONS WISHING TO SPEAK UNDER THE PRIVILEGE OF THE FLOOR WILL BE LIMITED TO THREE (3) MINUTES PER SPEAKER. PLEDGE OF ALLEGIANCE : CALL TO ORDER : • ADDITIONS OR DELETIONS TO AGENDA : PRIVILEGE OF THE FLOOR : Town Board Town Clerk Members of the Public REPORTS : County Representative Report Recreation Partnership Committee EMC Danby Community Council Highway Senior Citizens Zoning - Dog Control Planning Board Fire District Water Resources Council Others : COMMUNICATIONS : 1 ) Association of Towns - 2002 Training School and Annual Meeting Notice 2) Lofty Oaks Association - Notice of planting of tree by Lansing Funeral Home, Inc . in memory of Mildred L . Miller 3 ) Response to Debby and Peter Goodman from Douglas Gillogly OLD BUSINESS : Recreation partnership By- laws - discussion NEW BUSINESS : 1 ) Resolution - Transfer of encumbered funds and creation of new account . 2 ) Resolution - Authorizing Items Pursuant to the Clean Water/Clean Air Bond Act of 1966 3 ) Resolution Establishing Lead Agency Related to Application for State Assistance for Salt Storage Facility 4) Highway Resolution - Authorization to Spend Money Exceeding $ 2 , 500 . 5 ) Resolution - Authorization for Town Highway Department to Participate in the Tompkins County Bid Process 6) Resolution - Authorization for Highway Department to participate in Exchange of Equipment, Labor & Materials • APPROVAL OF SUPERVISOR' S REPORT APPROVAL OF TOWN CLERK ' S REPORT - December 2001 and 2001 Annual Report APPROVAL OF WARRANTS : General Fund : Highway Fund : West Danby Water District : Trust & Agency : ADJOURNMENT : l � II „ Er ! r I . .r 7 . .� '!- � a ai�u It i 1 4 3 3 14 3 3 1 Town Board Minutes January 14, 2002 TOWN OF DANBY TOWN BOARD MINUTES JANUARY 14 , 2002 PRESENT : Supervisor Ric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz ABSENT : Councilperson Gladys Varona-Lacey (excused) Others Present : Carol Sczepanski - Town Clerk Sue Beeners - Code Enforcement Officer Sue Howe - Highway Department Secretary Members of the Public : Roy Casterline , Ames Brown, Eileen Wright Supervisor Ric Dietrich called the meeting to order at 7 : 00 p . m . and led all present to the Pledge of Allegiance to the American flag. PRIVILEGE OF THE FLOOR: Members of the Public Ames Brown reported that the Planning Board Meeting on the message board sign is in error. The correct date of the meeting is January 23 , 2002 . REPORTS : Zoning Report - December 2001 received Sue Beeners reported that the building permit fees and new housing starts are comparable to 2000 The report does not show how many inspections are being done and there are five (5 ) housing starts in Old Town Village . Benjamin ' s One Stop - Update Susan Beeners reported that the DEC has installed some drains and test wells into the remaining slab because of the floor drains . Recreation Partnership Report Councilperson Strichartz reported that at the last meting there was discussion about whether or not the committee wanted to hire a coordinator to insure that some of the activities are held in the municipalities rather than in the City of Ithaca. It seems to be in the best interest of the municipalities to have a coordinator. The Towns would all have to contribute to the cost of a coordinator. Community Council Report Councilperson Strichartz reported that the following persons have been elected to the Community Council Board of Directors : Harriet Adams , Jean Jolles and Priscilla Cartland. The Council has received another $2 , 000 Grant for the Concert series Senior Citizen ' s Report Carol Sczepanski reported that the Danby Senior Citizens held their monthly dish-to -pass luncheon and meeting on Thursday, January 3 , 2002 . The Honorable Frank Proto was the guest speaker. The Agreement between the Town of Danby and the Danby Senior Citizen' s for 2002 was approved and following officers were re-elected for 2002 : President - Gerald Catlin, Sr. , Vice President - Ruth Covert, Secretary - Carol Sczepanski , Treasurer - Nancy Weitzel . The next meeting will be on February 7, 2002 . Dog Control Report - SPCA Report received I ■•■- . y. . 1. . 1434 2 Town Board Minutes January 14 , 2002 Highway Report - Received Sue Howe reported that the final figures for the salt shed and the grant application have not been completed . It appears that there will be a substantial increase from the previous projected cost . COMMUNICATIONS : 1 ) Association of Towns notice of 2002 Training School . 2) Lofty Oaks Association - notice of planting of tree by Lansing Funeral Home, Inc . In memory of Mildred L . Miller . 3 ) Response to Debbie and Peter Goodman from Douglas Gillogly- regarding the proposed Danby Community Park. 4) Meeting notes from Linda Dorn - Water Resources Council . Supervisor Dietrich reported that Douglas Gillogily and Esther Dotson met with Peter and Debbie Goodman. He said he has asked Doug to address the Board at the February Agenda Meeting . NEW BUSINESS : RESOLUTION NO . 21 OF 2002 TRANSFER OF INDEXING FUNDS AND CREATION OF NEW ACCOUNT By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS , the Town of Danby received an Indexing Grant in the amount of $4 , 139 . 00 , and WHEREAS , an advance of funding in the amount of $2069 . 00 was received in July of 2001 and WHEREAS, funds in the amount of $ 1 ,041 . 58 have been expended and charged to A1410 . 100 from September 17 , 2001 - December 31 , 2001 , now be it RESOLVED, that the Town Board of the Town of Danby create a new account A1410 , 112 for the Indexing Grant, and be it further RESOLVED , that the Town Board of the Town of Danby transfers $ 1 ,041 . 58 from the General Fund to Account A1410 . 110 and the balance of the grant advance of $ 1 ,027 . 42 to the new account A1410 . 112 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Councilperson Varona-Lacey - Absent Carried RESOLUTION NO . 22 OF 2002 RESOLUTION AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE CLEAN WATER/CLEAN AIR BOND ACT OF 1966 By Councilperson Strichartz : Seconded by Councilperson Gagnon 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 certain work, being the construction of a new salt storage facility as described in its application and attachments, herein called the " Salt Storage Facility Project", is desirable, is in the public interest, and 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; NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of Danby 1 . That Fredric Dietrich, 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 I , I I it It Pi. ' I I I I i fA }y • lel�) . J ; . � . n �, �. � L ini �l I . I� d1I �»dd ! ll Ial L . 1435 3 Town Board Minutes January 14 , 2002 authorized to make application, execute the State 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 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 Application for State Assistance Payments ; 4 . That this Resolution take effect immediately . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Councilperson Varona-Lacey - Absent Carried RESOLUTION NO . 23 OF 2002 RESOLUTION ESTABLISHING LEAD AGENCY RELATED TO APPLICATION FOR STATE ASSISTANCE FOR SALT STORAGE FACILITY By Councilperson Gagnon : Seconded by Councilperson Strichartz WHEREAS, the Town Board of the Town of Danby is considering application for State Assistance Payments under the Clean Water/Clean Air Bond Act of 1966 for the construction of a Salt Storage Facility; and pursuant to SEQRA is initiating the environmental review process for the application and subsequent related actions ; now therefore be it RESOLVED, by the Town Board of the Town of Danby 1 . That the Town Board is legislatively determined to act as Lead Agency in environmental review, and that the application and subsequent construction of the Salt Storage Facility is an Unlisted Action ; 2 . That the New York State Department of Environmental Conservation is an Involved Agency with respect to the funding requested under the Clean Water/Clean Air Bond Act of 1966 ; 3 . That the own of Danby Planning Board is an Involved Agency related to the application, and is legislatively determined to act as Lead Agency for subsequent consideration of a Special Permit and review of the site plan for the Salt Storage Facility ; 4 . That the Tompkins County Department of Planning is an interested agency related to subsequent consideration of a Special Permit and review of the site plan pursuant to General Municipal Law 239- 1 and -m review; AND IT IS FURTHER RESOLVED , That Part 1 of the Environmental Assessment Form and a copy of the application for this action shall be sent to the above involved and interested agencies requesting their concurrence in Lead Agency designation . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Councilperson Varona-Lacey - Absent Carried t I 1 � 1 1 1 1 1 I ! . 1 I I 1 I . I 1 a i I' ; II !J 1436 4 Town Board Minutes January 14, 2002 RESOLUTION NO . 24 OF 2002 - TABLED AUTHORIZATION OF FUNDS FOR HIGHWAY DEPARTMENT TO PURCHASE OF EQUIPMENT IN EXCESS OF $2 ,500 .00 By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, Town of Danby Resolution No . 5 of 2002 requires that the Town of Danby Highway Superintendent obtain authorization for the Town Board to purchase tools, equipment, etc . exceeding $2 , 500 . 00 and WHEREAS, The Town of Danby Highway Superintendent has requested authorization to spend $4000 . 00 for a sign post pounder, now be it RESOLVED, that the Town Board of the Town of Danby authorizes the Highway Superintendent to spend $4 ,000 . 00 for a sign post pounder . After lengthy discussion the Highway Department Secretary called the Highway Superintendent and the Highway Superintendent has agreed that the resolution can be postponed until February . He will attend the February 4, 2002 meeting to answer questions from the Board members regarding the need to purchase a sign post pounder. Motion to Table Resolution No . 24 of 2002 : A motion was made by Supervisor Dietrich and seconded by Councilperson Strichartz that the Town Board of the Town of Danby table Resolution No . 24 of 2002 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Councilperson Varona-Lacey - Absent Carried RESOLUTION NO . 25 OF 2002 RESOLUTION APPROVING PARTICIPATION IN TOMPKINS COUNTY BID PROCESS By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED , that the Town Board of the Town of Danby approves that the Town of Danby Highway Department may participate in the Tompkins County Bid Process for obtaining materials and services . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Councilperson Varona-Lacey - Absent Carried RESOLUTION NO . 26 OF 2002 RESOLUTION APPROVING SHARING OF EQUIPMENT , LABOR AND MATERIALS By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby approves the Town of Danby Highway Department may participate in the exchange of equipment, labor, and materials with other municipalities as deemed appropriate by the Town of Danby Highway Superintendent . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Councilperson Varona-Lacey - Absent Carried I I I I ' ! ; 1437 5 Town Board Minutes January 14, 2002 Approval of Town Supervisor' s November 2001 Report A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town of Danby Town Board approves the November 2001 report as submitted . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Councilperson Varona-Lacey - Absent Carried Approval of Town Clerk' s December 2001 Report and 2001 Annual Report A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the December 2001 Town Clerk' s report and acknowledges that they have received the Town Clerk ' s Annual 2001 Report. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Councilperson Varona-Lacey - Absent Carried The Town Clerk asked the Town Board to audit the Town Clerk ' s 2001 Records . Councilperson Gagnon will make an appointment to audit the Clerks Books . County Representative Report : Representative Frank Proto reported on the following : Water Resource Council - The County Water Resource Council met earlier this evening . As chairman of the Council he has appointed a committee to look into the question of jet skies on Cayuga Lake and whether there should be some regulations imposed on them . Aquifer Study - the County will be gathering information and prioritizing aquifers this year and mapping areas of the County . It will be necessary to hire a consultant for the study . Telecommunication Towers - The request for proposals has been completed and received four (4) responses to the RFP to critique the project . Danby Academy (Danby School) - The first year report for the Danby Academy has been completed . Senator Randy Kuhl was impressed with the first years study and report . It looks good that we will be getting the second $ 50 , 000 . 00 to complete the study . It is hoped that there will be three (3 ) courses started September this Fall . Community Council Report : Eileen Wright reported that the following officers were appointed by the Community Council Board of Directors : President - Patti Van de Bogart Vice President - Pamela Arsenault Secretary - Ross Borden Treasurer - Bill Halton The next meeting of the Community Council will be on Thursday, February 7 , 2002 . Senior Citizen ' s 2002 Agreement With the Town of Danby A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby authorize the Town Supervisor to sign the Agreement Between the Town of Danby and the Danby Senior Citizen ' s for 2002 . 1438 6 Town Board Minutes January 14, 2002 DANBY SENIOR CITIZENS AGREEMENT - 2002 THIS AGREEMENT is made this 11TH of January 2002, between the TOWN OF DANBY with offices at 1830 Danby Road, Ithaca, N . Y. 14850 (hereinafter referred to as the "Town") and the DANBY SENIOR CITIZENS, whose address is c/o Gerald Catlin Sr. , 2361 West Danby Road , Spencer, N . Y . 14883 (hereinafter referred to as the "Contractor") . The Town and Contractor agree as follows : 1 . Services to be Performed . Contractor agrees to perform the following services for the Town : (a) Provide programs , including bus trips and other entertainment , for senior citizens . (b) Provide liability insurance for programs 2 . Fees . The Contractor shall be paid the following sum for these services : The cost of the services up to a maximum of Two Thousand Dollars (2 , 000 . 00) for calender year. 3 . Term of Agreement . The term of this Agreement shall be from January 1 , 2002 to December 31 , 2002 unless earlier terminated by either party . Notwithstanding the term set forth above , this Agreement may be terminated in part or in whole by either party at any time for any reason or for no reason upon three days prior notice to the other party . This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party . In the event of termination by the Town, the Town shall pay for those portions of the services rendered prior to the date of termination . 4 . Quality of Work. The services shall be performed diligently and in a proficient and efficient manner. Contractor will provide responsible and knowledgeable personnel to perform Contractor ' s services to the Town . To the extent the reimbursement for services pursuant to this contract is based upon hourly rates for Contractor' s employees or providers, Contractor certifies that the time expended shall be reasonable for the services performed and the Town shall not be billed for any time that is not productively used to accomplish the work for the Town . 5 . Payment for Services . Payment for services shall be submitted on the standard Town voucher which will list the services and activities, the dates on which performed or supplied , and , if applicable, the time spent on each indicated date for which the town is being billed . Unless otherwise agreed, the vouchers shall be submitted monthly on the first of each month covering services for the preceding month, and the Town will review same and, if acceptable, pay for the services after submission of the vouchers to the Town board and approval of same by the Board . 6 . Relationship . The Contractor is, for purposes of this contract (including, without limitation, withholding of income tax, payment of worker ' s compensation , and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Agreement. Contractor shall determine the times and manner of performance of any services for the Town hereunder consistent with the overall obligations for the work contemplated by this Agreement . Contractor shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Contractor sees fit and for other such persons , firms , or entities as Contractor deems advisable provided that such other services do not constitute a conflict of interest with the interests of the Town. 7 . Contractor' s Insurance . Contractor shall have provided by the Tompkins County Senior Citizens Association insurance coverage for public liability covering Contractor and the Town, its officers, agents, and employees , from and against all suits, claims, loss, liability, or expense (including costs and reasonable attorney ' s fees) by reason of any liability imposed upon the Town or any or all of the foregoing persons for damages because of any injury to persons , including bodily injury and death, or because of any property damage, including loss of use thereof, resulting from any conditions of the premises for which reimbursement is being made to the Contractor under this agreement. The I 1111111111101 ' ; I 1439 9 Town Board Minutes January 14 , 2002 amount of the policy shall be at least $ 500 ,000 aggregate limits or in such other amounts as the Town may reasonably require . The policy may, at the Town' s option, be reviewed by the Town' s insurance counsel to determine whether it adequately protects the Town and the Contractor shall comply with any reasonable requirement of the insurance counsel . It is understood and agreed that the Contractor shall be primarily liable, and that the Contractor' s insurance shall be the first to respond, in the event of any personal injury, property damage , or loss of life arising out of the negligence or willful wrongful act of Contractor, or in any way arising out of, or related to , any activities or services by Contractor under this contract. 8 . Contractor May Not Assign. This Agreement may not be assigned by the Contractor without the previous written consent to such assignment from the town, which consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Agreement personally with the Contractor and is not intending that it be performed by any other person or entity . 9 . Binding Nature of Agreement. This Agreement is binding upon the parties, their respective successors and , when assignment is permitted, assigns . 10 . Governing Law Jurisdiction and Enforcement . This Agreement is made in New York, and shall be construed under the laws of the State of New York . Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in Supreme Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court . 11 . Notices . Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally upon the other party at the address set forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at the address set forth above . Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party . IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above written. Date Gerald Catlin , Sr . , President Danby Senior Citizens Date Fredric Dietrich, Supervisor A vote on the Resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Varona Lacey Absent Carried APPROVAL OF WARRANTS General Fund Warrant No . 1 of 2002 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves the General Fund Warrant No . 1 of 2002 voucher numbers 1 - 39 in the amount of $24 ,654 . 39 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Varona Lacey Absent Carried , �.m � - 1440 8 Town Board Minutes January 14 , 2002 Highway Department Fund Warrant No . 1 of 2002 A motion was made by councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 1 of 2002 voucher numbers 1 - 5 in the amount of S712 . 63 A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye Carried Varona Lacey Absent West Danby Water District Fund Warrant No . 1 of 2002 A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 1 of 2002 voucher numbers 1 - 3 in the amount of $ 604 . 44 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Carried Varona Lacey Absent Trust and Agency - January 2002 A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the payment to Comi Telecommunications from the T & A 85 Account in the amount of $4 ,448 . 33 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Carried Varona Lacey Absent ADJOURNMENT : On a motion the meeting adjourned at 8 : 50 p .m . ajnyik Catetfill 6,9 Carol W . Sczepans., own Clerk min- 1 - 14 .02