HomeMy WebLinkAbout2013-04-15D a n b y T o w n B o a r d
M i n u t e s o f R e g u l a r M e e t i n g
A p r i l 1 5 , 2 0 1 3
Present:
Supervisor: Ric Dietrich
Councilpersons: Leslie Connors, Kathy Halton, Dan Klein, Dylan Race
Others Present:
Deputy Town Clerk Susan McLellan
Bookkeeper Laura Shawley
Highway Sup. Carl Seamon
Public David Hall, Sarah Elbert
The Danby Town Board meeting was opened at 7:06 pm
Bid Opening
Leslie Connors and Kathy Halton opened bids for a new truck from Maguire and Simmons
Rockwell. These were reviewed by Highway Superintendent Carl Seamon and Laura Shawley.
BZA Applicant Interview
The Town Board interviewed David Hall as an applicant for a vacancy on the Danby Board of
Zoning Appeals. Hall answered questions from the Board.
Hall owns National Book Auctions at 1431 Danby Road and lives at/owns the “Flax” property on
Gunderman Road. He is currently serving as Chair of the Tompkins County Chamber of Commerce
and volunteers with several other non-profit organizations. He is familiar with the process of the
Board of Zoning Appeals after having submitted zoning applications to the Town of Ithaca and Danby
Planning Board. His interest in serving on the BZA is related to a general interest in real estate and a
desire to be more active in the Danby community. He noted that his time is “thin” due to running a
business and having three small children.
Hall is curious to learn what has taken place historically and when it is appropriate to modify the
rules as set out in the current zoning ordinance. He is vested in maintaining the quality of life here.
His experience as a parent and employer supports his ability to “say no” as needed.
2012 Financial Report
There was a general discussion about the need for a municipal audit. Dietrich described a “check
list” of fiscal review recommended by the NYS Comptroller ’s office. There is an acceptable standard
for regular review of finances. These include review of the Supervisor ’s Report, the monthly warrant,
etc. The Town now has these review forms. Members of the Board are interested in having a formal
audit for 2013.
RESOLUTION NO. 50 OF 2013 – 21012 ANNUAL FINANCIAL REPORT
Resolved, that the Town Board of the Town of Danby accepts the 2012 Annual Report of Finances as submitted
to the Sate of New York Comptrollers Office on March 4, 2013.
Moved by Klein, Second by Halton. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
Town Board_Minutes_20130415 • Tuesday, April 23, 2013 Page 1 of 5
Set Public Hearing Date
The Board had a short discussion regarding upcoming the requirement to hold a public hearing
related to the West Danby Water District Improvements Project, as required by the Community Block
Grant program. McLellan explained the purpose of the hearing and informed the board that a repre-
sentative of the Water District plans to be there.
RESOLUTION NO. 51 OF 2013 – ORDER CALLING FOR A PUBLIC HEARING IN THE MATTER OF THE INCREASE AND
IMPROVEMENT OF THE FACILITIES OF THE WEST DANBY WATER DISTRICT IN THE TOWN OF DANBY, TOMPKINS
COUNTY, NEW YORK
Whereas, the Town Board of the Town of Danby, Tompkins County, New York, has determined to make certain
improvements in the West Danby Water District (“WDWD”), including installing a new water tank; and
Whereas, the Town Board of the Town of Danby, Tompkins County, New York, has had under consideration for
said purpose the increase and improvement of the facilities of the WDWD, consisting more specifically of:
(i)upgrades to distribution system flushing infrastructure, including replacement of hydrants,
installation of blow-off assemblies and service piping, and the demolition and removal of existing
out-of-date systems;
(ii)installation of new meters and leak detection systems, including installation of an automated
reading system for meters, related piping and leak detection survey work; and
(iii)certain distribution system capital improvements, including a replacement water tank of
approximately 90,000 gallons of capacity, being proposed as a glass-fused-to-steel shell assembly,
with related knuckle roof assembly, foundation design and construction, exterior ladder and cages,
two manways, overflow piping and weir box, cathodic protection, site earthwork preparation, and
needed connections to existing water mains.
The total project cost for such projects is estimated at $404,800, inclusive of mobilization costs, engineering
costs, and other administrative expenses for the project, all as more particularly spelled out in the Map, Plan and
Report (“MPR”) dated February 1, 2013, as prepared by David A. Herrick, P.E., of T.G. Miller, P.C. the Town’s
Engineer of record for this project, which report is hereby accepted as the final and approved MPR for this
project; and
Whereas, the maximum estimated cost to said District of such increase and improvement is initially determined
to be $404,800; and
Whereas, said $404,800 is proposed to be entirely paid from a NYS Community Block Grant Award of that
amount, and accordingly, no long term financing or bond issuances are anticipated for this project. However,
any supplemental costs or incremental increases in post-construction ongoing operational and maintenance
expenses will be paid from ongoing water rates and assessments in accord with budget hearings and rate
requirements as imposed under Town Law and as set by the Town Board of the Town of Danby; and
Whereas, the aforesaid project has been determined to be an Type I Action pursuant to the regulations of the
New York State Department of Environmental Conservation promulgated pursuant to the State Environmental
Quality Review Act (“SEQRA”), and the Town Board, on March 26, 2013 has made a negative determination of
environmental significance for this project, and
Whereas, this project being deemed by the Town Board of the Town of Danby to be in the public interest, and all
proceedings heretofore had being deemed in compliance with the applicable requirements of Town Law, it is now
desired to call a public hearing on said proposed increase and improvement project, and the MPR thereupon,
including the estimate of cost pursuant to Section 202-b of the Town Law; Now, Therefore, Be It
Ordered, by the Town Board of the Town of Danby, Tompkins County, New York, as follows:
Section 1. A meeting of the Town Board of the Town of Danby, Tompkins County, New York, shall be held
at the West Danby Fire Hall, 47 Sylvan Lane in West Danby, New York, on the 8th day of May, 2013, at 7:00
o’clock P.M., Prevailing Time, for the purpose of conducting a public hearing on the proposed increase and
improvements of the facilities of the WDWD in said Town, and the MPR thereupon, including the estimate of cost
as described in the preambles hereof and in such MPR, at which time and place said Town Board will hear all
persons interested in the subject thereof concerning the same.
Town Board_Minutes_20130415 • Tuesday, April 23, 2013 Page 2 of 5
Section 2. The Town Clerk is hereby authorized and directed to cause a notice of said public hearing to
be published in the official newspaper of said Town, and posted in the manner prescribed by law, which notice
shall be in substantially the form attached hereto as Exhibit A, as hereby made a part hereof.
Section 3. This Order shall take effect immediately.
Moved by Klein, Second by Race. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
Award Truck Bid
There was a discussion and vote related to awarding a bid for a new truck. Both bids were for the
same equipment. Maguire Ford submitted a bid for $29,647. Simmons-Rockwell bid $28,999. High-
way Superintendent Seamons asked the Board to award the bid to Simmons-Rockwell. No funds will
need to be borrowed for this purchase.
RESOLUTION NO. 52 OF 2013 – AWARD TRUCK BID
Whereas, the Town of Danby has advertised for sealed bids for the purchase of a 4-wheel drive pick-up truck,
and
Whereas, on Monday, April 15, sealed bids for the same were received by the town and were opened by the
Town of Danby Town Board,
Now, Therefore, be it
Resolved, that the Town Board of the Town of Danby award the bid for a 4-wheel drive pick-up truck to
Simmons-Rockwell for the bid of $28,999, and be it
Further Resolved, that the purchase price will be paid as follows: $20,000 will be paid from the budget account
DA5130.200 and the remainder, not to exceed $8,999, will be paid for out of the Highway Fund fund balance.
Moved by Dietrich, Second by Connors. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
Town Hall Bathroom Improvements
A proposal for improvements to the Town Hall bathrooms, drafted by Matt Cooper, was distrib-
uted at the previous TB meeting. The Board members had reviewed the proposal and found it reason-
able. There was a brief discussion specific aspects, including the impression that the current facilities
give to visitors.
RESOLUTION NO. 53 OF 2013 – TOWN HALL BATHROOM IMPROVEMENTS
Resolved, that the Town Board of the Town of Danby, authorize improvements to the Town Hall bathrooms, for
an amount not to exceed $5,000.
Moved by Klein, Second by Connors. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
Highway Request Regarding Equipment Purchase and Replacement
Seamon and Shawley presented a proposal to replace old snowplows. Maintenance costs on three
plows (circa 1999, 2001, and 2003) are increasing every year. The cost to replace these is in the range
of $600,000. The Highway Department has researched leasing arrangements through First Niagara
Bank. There are different options for lease arrangements. Shawley described the difference between a
lease-to-own arrangement vs. needing to go out for a bond to cover the cost of equipment purchase. A
lease would not increase the budget and there would be no need to have a referendum, as there would
be for a bond.
The HD proposes putting these old plows out to auction. Some smaller municipalities have ex-
pressed interest in purchasing this equipment for parts. Seamon and Shawley made a rough guess that
the current trucks would bring $40-50,000 at auction and about half of that at direct sale. The income
from these sales would go to cover the interest on the leasing arrangement.
Town Board_Minutes_20130415 • Tuesday, April 23, 2013 Page 3 of 5
The HD proposes putting $200,000 down and leasing for $400,000. The HD made a case for pur-
chasing three trucks as a package, which might bring down the purchase price. The Town CHIPS al-
lotment has been increased and some of these funds could go toward the purchase of equipment. (This
is the first increase in three years.) The lease/purchase contract would go out to bid. There may be the
option to piggy-back on other municipal contracts.
Shawley and Seamon answered questions from the Board regarding lease arrangements, building
and maintaining a reliable fleet of highway vehicles, and the value of the current equipment. Dietrich
suggested that the Board be able to review the last three years of maintenance costs. Shawley and
Seamon will continue researching options and bring additional information to the Board. A financial
report of expenditure and fund balance related to the HD will be prepared.
Plan for Municipal Audit
The Board had a discussion with bookkeeper Laura Shawley. This discussion expanded on the
information presented by Supervisory Dietrich earlier in the meeting. Shawley outlined the fiscal re-
sponsibilities of the Board, and recommended by the NYS Comptroller’s Office. There are helpful
publications available on-line. Shawley stated that Danby is working in right direction and already
complies with many of the suggestions.
It is not required that a municipality regularly spend taxpayer funds for a complete outside audit.
The Comptroller ’s office recommends a full audit “nearly never” if other levels of accountability are
being taken care of. An audit is recommended when there is a new Supervisor or Town Clerk.
Shawley reviewed some of the items on the fiscal checklist. Board members should review the
checklist once a year. This review should be done at the end of the year in public meeting and entered
into the minutes.
Dietrich asked that the Board do some “practice runs” with this checklist over the next several
months. Shawley suggested that members of the Board go over these check lists for 2012 financial
records related to different offices (Town Clerk, Supervisor, Court) in small groups. She will make
copies of the lists for Board members. Shawley also suggests that a more complete financial report be
prepared for the Board on a regular basis and especially toward the end of the year in advance of
budget planning.
Movement of Funds for 2012 Budget
Bookkeeper Laura Shawley presented a report of 2012 accounts with a request to move funds
between different budget lines. This is part of standard accounting practices and done every year.
RESOLUTION NO. 54 OF 2013 – MOVEMENT OF FUNDS
Resolved, that the Town Board of the Town of Danby approves the movement of funds between accounts,as
outlined by the town bookkeeper and found in the minutes as appendix A, for the fiscal year 2012.
Moved by Klein, Second by Connors. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich.
Town Board_Minutes_20130415 • Tuesday, April 23, 2013 Page 4 of 5
Enter Executive Session - 8:25pm
Both applicants to the BZA have been interviewed. Connors made a request to enter Executive
Session to discuss this appointment.
RESOLUTION NO. 55 OF 2013 – EXECUTIVE SESSION
Resolved, that the Town Board of the Town of Danby will enter executive session to discuss appointment to the
Danby Board of Zoning Appeals.
Moved by Connors, Second by Dietrich. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
End Executive Session - 8:45pm
Appoint Member to the Board of Zoning Appeals
There was a short discussion about this appointment. Both applicants are well qualified. The
Board hopes that the applicant not appointed will be encouraged to serve in a different capacity.
RESOLUTION NO. 56 OF 2013 – APPOINT BOARD OF ZONING APPEALS MEMBER
Resolved, that the Town Board of the Town of Danby appoints Sarah Elbert to a term on the Danby Board of
Zoning Appeals, effective immediately and running through December 31, 2017.
Moved by Connors, Second by Race. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
Adjournment
The Meeting was adjourned at 8:48 pm.
____________________________________
Susan McLellan, Deputy Town Clerk
Town Board_Minutes_20130415 • Tuesday, April 23, 2013 Page 5 of 5