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HomeMy WebLinkAbout2004-01-12 1 Town Board Minutes January 12 , 2004 TOWN OF DANBY TOWN BOARD MINUTES JANUARY 12 , 2004 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol Sczepanski - Town Clerk Code Enforcement Officer - Susan Beeners County Representative - Frank Proto Highway Secretary - Susan Howe Bookkeeper - Ted Jones Members of the Public : Robert Roe , Tom & Janet Gray, Bill Farrell , Ames Brown, Devon . Becut Supervisor Dietrich called the meeting to order at 7 : 07 p . m . and led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA : 1 ) Under old Business - Appointment of the Planning Board Chair 2) Under New Business - Safety Policy - Possible Resolution PRIVILEGE OF THE FLOOR: Town Clerk Carol Sczepanski reported that she has a proposal from a resident who will develop a Web Site for the Town . There will be a Danby Quilting Group meeting on January 23 , 2004 here at the Town Hall. Sue Howe asked if the resolution to purchase the hydraulic excavator is subject to posting as a possible permissive referendum information has been received from the Town Attorney and if the check for purchase was sent. Supervisor Dietrich reported that he had not obtained information from the Town Attorney but the check for the hydraulic excavator was delivered to the Town of Lansing . Bill Farrrell said he was a member of the Planning Board and would like to recommend Robert Roe as Chairman of the Planning Board . Tom and Janet Gray addressed the Board with a proposal for the re-zoning of their property for a Dog Kennel proposed to be located at 158 West Miller Road. Drawings were submitted for the Board to review and Janet Gray explained the proposal to the Board as an expansion of an existing kennel . They have been operating a small kennel for four (4) years on their property. They currently provide a dog rescue facility . Two letters of support from neighbors were submitted to the Board. Susan Beeners reported that she is not speaking for the Danby Community Park Association but that she has met with Douglas Gilogily and was asked to pass to the Board a map showing the old and new boundaries of the park. There will be a new site plan soon . Al Becker said that he thinks that the Danby Community Park may have to set one parking area back a few feet . Sinage for the park is also an item to keep in mind . REPORTS : County Representative Report : Frank Proto reported that the County had their first meeting and Tim Joseph was elected as the Chair 84T 2 Town Board Minutes January 12 , 2004 for 2004 . Committee assignments have not been finalized at this time . Tentatively the assignments he may have are the Public Safety Committee, Planning Committee, Health Committee, Consumer Affairs Committee, and will continue to Chair the Space and Location Committee. He will continue as the representative to the Water Resources Council and also the Ag and Farmland Protection Board and will continue on the T-Cat Board of Directors . Water Resources Council - the planning commissioner would like to create a Water Resources Council that splits responsibilities, individuals for a technical committee and individuals who will be policy makers . Mortgage Tax - there is a proposal to close the circle on the last quarter at one per cent ( 1 %) and if passed it would generate more income . Senior/Disabled Income Limits for Property Tax Exemptions - Proposal to lower the income limits for Senior/Disabled Income limits failed. EMC (Environmental Management Council) Robert Roe reported that the EMC will hold their organizational meeting for 2004 will be held this Wednesday . The Chairperson of the EMC for 2004 will be Steve Nicholson. Issues that will receive priority attention will be decided at the first meeting of the year. Issues that may receive priority attention are open burning and aquifers . Supervisor Dietrich asked Robert Roe if he would be willing to chair the Danby Planning Board this year. RESOLUTION NO. 22 OF 2004 APPOINTMENT OF PLANNING BOARD CHAIRPERSON By Councilperson Strichartz : Seconded by Supervisor Dietrich RESOLVED, that the Town Board of the Town of Danby appoints Robert Roe as Planning Board Chairperson for 2004 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Highway Report Sue Howe asked the Board to authorize the Town Supervisor to sign the County Drug and Alcohol Testing Agreement. Fringe benefits for highway employees need to be updated quarterly to send to Tompkins County and she is waiting for the figures for December to submit her report. Motion to Authorize the Town Supervisor to Sign 2004 County Drug and Alcohol Testing Agreement A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the 2004 Tompkins County Drug and Alcohol Testing Agreement . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Zoning : The Code Enforcement Officer, Susan Beeners reported that her monthly report for December was submitted to the Board. She said that she has been in contract with the next of kin of the burned out trailer on NYS Rte . 96B in an effort to get the site secured and cleaned up . 14 14 re T 3 Town Board Minutes January 12 , 2004 Planning Board Report Susan Beeners reported that the Town has received an application for a four (4) lot subdivision and an application for a twenty-four (24) lot subdivision . The applications will come before the Planning Board at their January meeting. Community Council Report : Councilperson Strichartz reported that Election of Officers for Community Council be held at their meeting on Monday, January 26, 2004 at 7 : 00 p. m. Senior Citizens : - no report Dog Control - SPCA December report received and on file with the Clerk . Councilperson Strichartz reported that a neighbor called the SPCA regarding dogs running loose in the neighborhood and they did not come out. COMMUNICATIONS : 1 ) The West Danby Water District Commissioners 2003 Annual Report . 2 ) Copy of letter to the Town Board and Highway Department from Hayya Mintz OLD BUSINESS : RESOLUTION NO. 23 OF 2004 AUTHORIZING TOWN OF DANBY HIGHWAY SUPERINTENDENT TO PERFORM ADDITIONAL WORK By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby by request of the Town of Danby Highway Superintendent and by such authority as extended by applicable sections of the Town Law of the State of New York, do hereby permit, authorize and direct the Town of Danby Highway Superintendent after consulting with the Town Supervisor, to fulfill such additional responsibilities from time to time as circumstances necessitate, although such activities may not relate directly to the specific responsibility of his department as specified by the Highway Law. The following may or may not be implemented on a case-by-case basis as may be determined by the Town of Danby Highway Superintendent to be necessary and in the best interest of the general populace of the Town of Danby. 1 . The removal of snow as required from the municipal owned properties . 2 . The offering of Emergency Assistance as may be requested by the Chief or other responsible Officer of the local Fire Departments in support of FIRE RELATED EMERGENCIES . 3 . Any unforseen need and/or effort of the Town of Danby Highway Department resources as may be determined by the Town of Danby Highway Superintendent to be necessary and in the best interest of the general populace of the Town of Danby. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 24 OF 2004 AMENDMENT TO RESOLUTION NO. 24 OF 1993 PROCUREMENT POLICIES AND PROCEDURES : By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, Section 104b of the General Municipal Law requires the governing body of every 08 4 Town Board Minutes January 12 , 2004 municipality to adopt a procurement policy for all goods and services which are not required by Law to be publicly bid, and WHEREAS, comments have been solicited from all officers of the Town involved in the procurement process , now therefore be it I RESOLVED, that the Town of Danby does hereby adopt the following Procurement Policies and Procedures : 1 ) Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Every town officer, board member, department head or other personnel with th requisite purchasing authority shall estimate the cumulative cost of the supplies or equipment needed in a given fiscal year. This estimate shall include canvass of other town, departments, and take into account past history to determine the likely yearly value of commodities to be acquired . The information gathered and the conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity. 2) All purchases of a) supplies or equipment which will exceed $ 10, 000 in the fiscal year or b) Public Works contracts over $20,000 shall be formally bid pursuant to General Municipal Law Section 103 . 3 ) The following method of purchase will be used in order to achieve the most savings : Estimated Amount of Purchase Contracts : Method $0 - $ 1 ,500 Left to discretion of purchaser $ 1 , 500 - $2 , 999 Oral request for goods and written/fax quotes from two(2) vendors . $ 3 ,000 - $ 9 , 999 Request for purchase and written/fax quotes from three(3 ) vendors All Estimated Public Works Contracts : Method: $ 0 - $ 3 , 000 Left to the discretion of Purchaser $3 ,000 - $ 9 , 999 Oral request for goods and written/fax quotes two(2 ) vendors $ 10,000 - $ 19 , 999 Oral request for goods and three(3 ) written/fax quotes from vendors Any written Requests for Purchase shall describe the de_ sired goods, quantities and the particulars of delivery . The purchaser shall compile a list of all vendors from whom written/fax oral quotes have been requested and offered. All information gathered in complying with the procedures of this guideline shall be preserved and filed with the documentation supporting the subsequent purchase or Public Works Contract . 4) The lowest responsible proposal or quote shall be awarded the purchase or Public Works contract unless the purchaser prepares a written justification providing reasons why it is in the best interest of the Town and its taxpayers to make an award to other than the low bidder If a bidder is not deemed responsible, facts supporting that judgement shall also be documented and filed with the record supporting the procurement . C., 5 ) A good faith effort shall be made to obtain the required number of proposals or quotations . If the purchaser is unable to obtain the number of proposals or quotes , the purchaser shall 6 /0 gI 4 5 Town Board Minutes January 12 , 2004 document the attempt made to obtain the proposals . In no event shall the ability to obtain the proposals or quotes be a bar to the procurement . 6) Except when directed by the Town board, no solicitation of proposals or quotations shall be required under the following circumstances : a) items to be purchased under an existing State or County Contract; b) requisition of professional services ; c) emergencies ; d) sole source situations ; e) goods purchased from agencies for the blind or severely handicapped f) goods purchased from correctional facilities ; g) goods purchased from another government agency; h) goods purchased at auction ; I) goods purchased for less than $ 1 , 500 ; j ) public Works Contracts for less than $ 3 ,000 7) This policy shall be reviewed annually bo the Town Board at its organizational meeting or as soon thereafter as reasonably practicable . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Multi-jurisdictional All Hazard Mitigation Plan Schedule Susan Beeners asked the Town Board to schedule a time to hear public comment (if any) at 6 : 45 on February 9, 2004 on the initial draft of the Multi jurisdictional All Hazard Mitigation Plan. She said that she would prepare notification to put into the Danby Area News . The County will place an article in the Ithaca Journal . Motion to Schedule Public Comment Time for the Draft of the Multi-jurisdictional All Hazard Mitigation Plan A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board schedule a time to hear public comment on the Draft Multi -jurisdictional All Hazard Mitigation Plan for 6 : 45 p . m. on February 9 , 2004 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona- Lacey Aye Dietrich Aye Carried Unanimously s 6 Town Board Minutes January 12 , 2004 NEW BUSINESS : RESOLUTION NO . 25 OF 2004 ADOPTING A TOWN OF DANBY SAFETY POLICY STATEMENT By Councilperson Gagnon : Seconded by Supervisor Dietrich WHEREAS, the Town Board wishes to clearly state a commitment to safe working conditions for all Town employees, the following statement of management safety policy is hereby adopted by resolution . Town of Danby Workplace Safety Policy Statement The personal safety and welfare of Town employees, as well as of the general public, is a primary and continuing concern of the Town of Danby . It is our goal to provide every employee a place of employment free from recognized hazards that are a potential cause of serious physical harm or health impairment . To assist in implementing this policy, a safety committee will be established, chaired by a safety coordinator. The committee will meet regularly to assist in the accomplishment of our goal, reporting directly to the Town Supervisor following each meeting or sponsored activity. The Supervisor will then work with department managers to appropriately address those committee findings . To accomplish our goal, Management will : * Implement progressive accident prevention programs, systems , and techniques . * Provide a work environment where identified occupational hazards are controlled when elimination is not feasible . * Cooperate with government and labor to ensure employee safety and health . Department Heads, Supervisors, and Crew Chiefs will : * Be responsible and accountable for a superior level of employee protection and performance . * Institute work practices which reflect safe and efficient methods for accomplishing the required tasks . * Educate and train employees regarding " on" and "off-the-job" hazards . All Employees Will : * Be expected to conduct their jobs safely . * Be expected to conduct themselves in a way that enhances their personal safety and that of their fellow employees . * Be encouraged to cooperate and contribute towards the overall success of the safety program, including participation in safety activities and committees when requested * Report all accidents and injuries immediately to their manager. * Cooperate in the accident reporting and safety evaluation process . Adopted by the Town Board of the Town of Danby on January 12 , 2004 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 26 OF 2004 ESTABLISHING A SAFETY COMMITTEE TO IMPLEMENT THE TOWN OF DANBY SAFETY POLICY By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, implementation of the Town of Danby Safety Policy would be enhanced by creation of a group specifically charged with coordinating and encouraging compliance , now therefore be it 8 - 1 7 Town Board Minutes January 12 , 2004 RESOLVED, that a Safety Committee be established consisting of at least one( 1 ) representative from each of the following the : the Highway Department, Code Enforcement Office, Clerk ' s Office Supervisor ' s Office (which representative will be responsible for Buildings and Grounds and Recreation staff safety) , Offices of the Town Justices , and the Water District . The chair of the committee will be annually appointed by the Town Board at the organizational meeting of the Board in January . The committee will meet at least twice a year. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of the Town Supervisor ' s December Report A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Town Supervisor ' s December report as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Approval of Town Clerk ' s December 2003 Report A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Town Clerk ' s December 2003 report as submitted. A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously APPROVAL OF WARRANTS : Approval of General fund Warrant No . 1 of 2004 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby General Fund Warrant No . 1 of 2004 voucher numbers 1 - 33 in the amount of $ 5 ,084 . 71 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of Highway Fund Warrant No . 1 of 2004 A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 1 of 2004 voucher numbers tg 4k3 I 8 Town Board Minutes January 12 , 2004 1 - 9 in the amount of $ 3 ,253 . 49 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Approval of West Danby Water District Fund Warrant No. 1 of 2004 A motion was made by Supervisor Dietrich and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 1 of 2004 voucher number 1 in the amount of $ 36 . 77 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 15 p .m. a Carol W . : /epanski , Town Clerk min- 1 - 12 . 04 CSC '