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TOWN OF DANBY
TOWN BOARD MINUTES
JANUARY 12, 1998
6 : 00 P.M.
Regular Meeting
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
County Representative - Frank Proto
William Hall - Highway Superintendent
Joe Maratea - CSEA Representative
Members of the Public :
Mary & Roy Casterline , Barbara Mosher, David Noteboon, Judy VanDermark, Pat Woodworth,
Richard Lazarus, Mary Lou Hardesty, Mary Oltz, Amy Cusimano , Bob Roe, Elizabeth Owens-Roe,
Dorothy & Willard Daetsch, Eilean B . Wright, Dawn C . Parks, John Henderson, Margaret Shepard,
Ted Jones, Debbie Benson, Meg Garvey, Raymond Mayo , David, Don Schaaf, Joe Schwartz, David
Pochily, Sarah Hollyday, Betty & Charles White , Kathy Lind, Faith Chase, Bryann Scriber and
others .
Supervisor Kenneth Horst called the meeting to order at 6 : 04 P . M . and led all present to the Pledge
of Allegiance to the American flag .
ADDITIONS TO THE AGENDA : .
1 ) Edward Inman requested the addition of an item to approve a bill for the Town Hall
Renovation/Addition Project
2) Code Enforcement Officer requested an Executive Session of the Board to discuss a Code
Enforcement Matter.
3 ) Councilperson Gagnon requested that consideration of a policy of making appointments to
boards be added to the agenda for discussion.
No Board Member Objected .
PRIVILEGE OF THE FLOOR:
Councilperson Strichartz would like the board to address the issue of cellular towers .
Councilperson Steiner read the following statement to the Board and public :
"For the record :
In a recent Ithaca Journal article and editorial two board members Ed Inman and Joe Schwartz are
quoted as saying that three fellow board members Hardesty, Oltz and Steiner met in an illegal
meeting on Dec . 11 , 1997 . Inman and Schwartz further suggested we three board members had
decided outside the proper arena to change the 1998 Town budget .
Prior to making allegations of wrongdoing Inman and Schwartz should have taken the time to
investigate the procedures for calling a special meeting and/or discussed the issue with one of the
other town board members or myself Perhaps they were more interested in taking an item and
turning it into a controversy for their own political gain . I can only speculate as Inman was in the
Town Clerk' s office on Saturday Dec . 13 , 1997 and he discussed with me that he too had received
calls and he seemed appreciative we had called a special meeting to resolve the misunderstandings
of the raises for all Danby office staff
For those who may not be aware of what created the need for a special meeting, I will provide a bit
of history.
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January 12 , 1998
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On Dec . 11 , I received phone calls from two town employees stating the unfairness of one receiving
a 20% increase in wages and some receiving no increase . As I was unsure of all the particulars I
phoned another Board Member and she too was not sure what was going on. Because both of us
were under the belief ALL employees and elected officials, with the exception of the Town Board,
were to receive a 3 % pay increase it was apparent a Special Meeting was warranted .
I prepared a letter requesting a Special Meeting be called and asked Mary Lou Hardesty meet me in
the Town Hall to sign the letter and schedule the meeting with Mary Oltz, Supervisor.
Attached is a copy of my request for the meeting . Also attached is a copy of a FAX received on Dec .
23 , 1997 from Lori Mithen, Associate Counsel , Association of Towns of The State of New York that
points out the procedure for calling Special Meetings under Town Law .
We followed that procedure and nothing we did violated the Open Meeting Laws of the State of New
York .
No business was discussed and the Town Clerk received the request and provided the necessary
public notification . "
The following statement was received from Lori Mithen, Associate Counsel , Association of Towns
of the State of New York: "Pursuant to Town Law, §62 the supervisor is authorized to call and schedule special
town board meetings. The town board does not have the authority to call and/or schedule a special town board meeting
pursuant to Town Law, §62 . Therefore, a discussion between the supervisor and two or more board members regarding
a date and time to hold the meeting is not considered a meeting for the purpose of discussing town business and is
therefore beyond the scope of the Open Meetings Law. "
Supervisor Horst said that his intent for the future of this board that we will always operate within
the letter of the law . Any meeting of the town board in which there is three or more of the board
members present has to be a publicly announced meeting prior to the meeting taking place .
The Town Clerk, Carol Sczepanski read a notice from The Association of Towns regarding the
Association of Towns Annual Meeting to be held in New York on February 15 - 18 , 1998 .
Members of the Public :
Joseph Schwartz - 85 Durfee Hill Road - on behalf of the Durfee Hill Road Neighborhood
Association strongly urged the Board to pursue legislation and to create a local law related to cell
tower regulation in the Town of Danby to protect the investments of homeowners .
Dave Pochily - 236 Durfee Hill Road - reported that he had attended the Public Hearing related to
the approval of the cell tower on Durfee Hill and feels that it was passed without the consideration
of the neighborhood.
Ray Mayo - 315 Ridgecrest Road - was concerned that discussion was not allowed related to an
Open Meetings issue that was published in the Ithaca Journal .
Supervisor Horst said that he thinks that the only thing that would be accomplished by further
discussion would be further discord among the members who are sitting presently on this Board .
Don Schaaf - 2152 Danby Road - said it is a deep concern to him how much confidence he can have
in newly seated Board members when the residents choose not to go to the Board with concerns and
questions in this matter (referring to Open Meetings Laws) .
Judy VanDermark - 1432 Danby Road - introduced herself as the new President of the Danby
Community Council . She said it is a great honor to serve her community and looks forward to
meeting many Danby residents . She reported that the Community Council adopted Bi-Laws at their
last meeting and that their newly organized Community Council would be successful .
Amy Cusimano - 3 Jennings Pond Road - Coordinator for Jennings Pond Swim Program - had
questions related to liability insurance funding and other insurance for employees for the program .
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January 12 , 1998
She requested that any and all charges to the program be made with her approval to avoid any further
misunderstandings .
Supervisor Horst reported that he has talked with the Insurance Agent regarding an umbrella policy.
The Ithaca Agency said that the Pond Program can be covered by TITAN at no additional charge .
Brynn Scriber - 85 Gunderman Road - reported that the speed on the road is excessive and asked
if there could be speed limits signs placed particularly near the day care center.
Barbara Mosher - 190 West Miller Road - reported that she is unhappy with the speed limits on
all of the Danby Roads . The Town of Danby has received many requests for the speed limits to be
reduced to at least 45 MPH .
Chairperson Horst reported that the Town has sent many requests to the County and New York State
and all have been refused with the exception of Gunderman Road .
Amy Cusimano - reported that the Neighborhood Watch Program on Bald Hill was successful in
getting pedestrian signs and the lowering of the speed limit near Jennings Pond .
Elizabeth Owens-Roe, Editor of the Danby Area News reported that many residents were concerned
that a newsletter has not been published since November. The funding for 1998 is for ten ( 10) issues
and the first issue will be published in February . She said that it is her goal as the editor of the
Danby Area News to have it represent all of Danby and it is no longer a house organization of
Community Council , it is a member of Community Council .
Susan Hautala, Town Historian - submitted a letter to the Board regarding the renovation of the
Town Hall and the proposal to replace the existing floor with a tile surface . She also expressed her
disappointment in the lack of unity in the Town of Danby. She said that we are the Town of Danby,
we are not the Community Council , we are not the Danby Town Board and we are not the Danby
Fire Department -- we are the Town of Danby . She hopes to see a change within the next year.
Councilperson Inman - Clerk of the Works for the Town Hall Renovation/Addition project,
reported that the Town has been in contact with Rick Lazarus regarding the restoration of the floor
and that he has submitted an estimate to the contractors . The architect and Milligan Contractors are
working on the details of renovation without disturbing the existing floor.
Bill Farrell - East Miller Road - responded that the Town Hall floor is roofers and not historical by
any means . The floor has been replaced more than once and suggested that concrete be placed to
level the floor with a concrete foundation to support the building or renovation will be needed to
support the building in another 20 years . The foundation and floor should have no space between
the floor and the ground . He said that many of the eight inch cinder blocks used in the new
construction are not solid, not filled with concrete, They should be filled with concrete or insulation
to keep the cold from entering the building .
Rick Lazarus - reported that one of the problems with a stone foundation as this one exists is the
fact that water drains off the roof against the foundation. The settling of the foundation has been
addressed by the architect and the grading plans for the area addresses any further settlement in the
stone foundation .
Councilperson Inman said that questions for drainage ventilation under the crawl space and the type
of replacement floor joists were raised at the January 8th meeting with the architect and general
contractor, The drainage and ventilation of the facility will be addressed .
COMMUNICATIONS :
1 ) Memo from B . Clinton Perkins - BZA Chair
2) Gerald Catlin - resignation letter from Planning Board
3 ) Joel P . Gagnon - resignation letter from Board of Zoning Appeals
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January 12 , 1998
4) Susan Hautala, Town Historian regarding the restoration and replacement of the Town Hall
floor.
5 ) Howard Steiner - letter regarding Open Meeting Laws of the State of New York
6) Annual West Danby Water District Report - 1997
REPORTS :
Tompkins County EMC (Environmental Management Committee) Robert Roe reported that the
next EMC Meeting will take place on January 14 , 1998 . He reported on the following : 1 )Cellular
towers still remains an issue in the County . Cellular towers were considered a public utility when
approval for the placement of a tower was obtained in the Town of Danby . Since then there have
been changes and Towns have been given the ability to restrict them but not eliminate them. He has
submitted to the Code Enforcement Officer copies of various laws and ordinances around the country
for our Planning Board and Town Board to review. 2) The Town of Danby Supervisor has been
asked to be a member of the County Water Planning Council which will be determining the uses ,
distribution and the development of the water resources in Tompkins County . 3 )There is long
ongoing debate between the EMC and Cornell University over the lake source cooling project. 4)
There will be money again in the County budget for Flood Mitigation and it is available to Towns
that have a flood mitigation committee in place .
Highway Department December 1997 Report - Received
Supervisor Horst read the Highway Department December 1997 report as submitted by Highway
Superintendent William B . Hall .
Code Enforcement Officer December 1997 Report Received
Code Enforcement Officer Susan Beeners reported that the New York State Planning Federation
Grant submitted in July 1997 was not awarded to the Town of Danby . The Planning Board is
working on a draft of goals for a revised comprehensive plan. A draft outline will be presented to
the Town Board in February with a proposed work scope and budget request.
S.P . C .A - A Dog Enumeration is in progress and nearly completed .
Planning Board Report - December 1997 Minutes Received
Senior Citizens Report
Carol Sczepanski reported that there was not a Senior Citizens Meeting in January . The next
meeting will be Thursday , February 5 , 1997 . Seniors have started a six (6) week exercise class on
Monday mornings at the Danby Federated Church that is well attended .
Tompkins County Representative Report :
Representative Frank Proto reported on the following :
1 ) Star Exempt Program for Seniors - application deadline March 1st .
2) Bus Shelter for Park & Ride - best site in fire station parking lot .
3 ) Committees he has been assigned to for 1998 - Tourism Economic Development and Arts
Budget Committee, Chair of the Human Service , Health and Education Committee, Libraries
(County & Rural), Board of Health, Farm and Agriculture Land Assessment Board and will
remain as a Director of the Hospital Board .
4) Economic Development--Barbara Blanchard will be coming to a Board meeting as part of
a County outreach program on economic development .
5 ) Archives - first regional meeting will be in February . SARA is relaxing some of the
guidelines for application for grants .
6) Beautification Grants still available to Towns .
7) Better Housing Grant - The County has received $ 100 , 000 for Danby and are reviewing
applications for assistance in repair and maintenance . Applications may be obtained at Better
Housing of Tompkins County .
Motion to Adjourn to Executive Session :
A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to adjourn
to executive session at 7 : 30 P . M . to discuss the CSEA Contract and code violations .
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January 12, 1998
Carried Unanimously
Meeting Reconvened :
The Board Meeting reconvened at 8 : 10 P . M .
Tentative Agreement Between CSEA Local 855 Danby Highway Unit 8911 -00 and Danby
Town Board
The Board reviewed the Tentative Agreement Between CSEA Local 855 Danby Highway Unit 8911 -
00 and Danby Town Board and discussed how it may compares with the existing agreement.
Councilperson Steiner reported on the negotiations to date .
Motion to Approve the Tentative Agreement Between CSEA Local 855 Danby Highway Unit
8911 -00 and Danby Town Board
A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve
the following Tentative Agreement Between CSEA Local 855 Danby Highway Unit 8011 -00 and
Danby Town Board .
Article XIV - Overtime
(New) Section 2 : Employees who are called into work outside their regular shift will be
guaranteed a minimum of four (4) hours pay.
Article XV - Health Insurance
Section 1 . The Town of Danby agrees to pay the cost of present Blue Cross/Blue Shield
and Dental Insurance plan in the following way .
All employees hired prior to January 1 , 1998 :
a) 100% of the cost of the employee ' s health and dental insurance
b) 100% of the cost of the employee ' s health and dental insurance, all in accordance
with existing practice
All employees hired after December 31 , 1997 :
a) 100% of the cost of the employees health and dental insurance
b) The employee will pay five dollars ($ 5 . 00) per pay period towards the cost of the
employee ' s dependent health and dental insurance .
Article XXII - Compensation
Section 1 . Employees of the Town of Danby Highway Department shall have their hourly
rate of pay increased by the following schedule .
Effective January 1 , 1998 - 4% increase
Effective January 1 , 1999 - 4% increase
Effective January 1 , 2000 - 4% increase
Jury Duty - remains the same
Town of Danby Highway Employees shall receive a clothing allowance of $200 . 00 per man for the
first year of employment and each year of employment thereafter.
(New) The Town of Danby shall provide the Highway Employees three (3 ) pair of coveralls
to each highway employee .
Article XXIV - Duration
This agreement shall be in effect from January 1 , 1998 through December 31 , 2000 .
All other articles of the contract remain the same unless changed by this tentative agreement .
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January 12, 1998
A roll call vote on the motion resulted as follows :
Gagnon Nay
Inman Aye
Steiner Nay
Strichartz Aye
Horst Aye Carried
Supervisor Horst reported to the Board that the final document would be available soon for the
Board to review.
NEW BUSINESS :
Supervisor' s Statement to the Board
Supervisor Kenneth Horst read the following Supervisor ' s Statement to the Board :
Roberts Rules of order will be followed at all Town Board Meetings except when special roll call
vote is necessary. Roll call will be alphabetical with the Supervisor voting last . All meetings will
begin at 7 : 00 P .M. and terminate no later that 9 : 00 P . M . Method of claims for payment of all bills
will be by voucher. Vouchers must be submitted no later that Thursday preceding Town Board
Meeting. Vouchers may be submitted to the Supervisor or Town Clerk. The Town Board in
accordance with Town Law AT 103 will audit all bills . All personnel matters will be discussed in
executive session.
ORGANIZATIONAL RESOLUTIONS - 1998
RESOLUTION NO. 1 OF 1998
APPROVAL TO INVEST IDLE FUNDS
By Councilperson Steiner : Seconded by Councilperson Strichartz
RESOLVED , that the Town Board of the Town of Danby authorize the Supervisor to invest idle
funds .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO 2 OF 1998
By Councilperson. Gagnon : Seconded by Councilperson Inman
RESOLVED, that the Town Board of the Town of Danby set the 1998 Annual Salaries as follows :
Annual salaries to be paid monthly :
Supervisor. $ 10 , 609/year
Town Justices (2) $ 8 , 820 ($4 ,410 each)
Town Clerk $ 13 , 134 year
Custodian $ 2 ,200/year
Court Clerk $ 3 , 162/year
Quarterly Salaries :
Councilpersons (4) $ 6 , 950 ($ 1 ,737 . 50/each)
Water District Clerk $ 2 , 700/year
Asst. Water District Plant Operator $ 2 , 125/year
Bi-weekly Salaries :
Code Enforcement Officer $ 17 , 910/year
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January 12, 1998
Highway Superintendent $ 32 ,782/year
Water District Plant Operator $ 7 , 500/year
Bi-weekly salaries paid hourly as needed :
Deputy Town Clerk $ 2 , 341 /year
Office Assistant (s) $ 10 , 027/year
Bookkeeper $ 7 , 649/year
Town Historian $ 100 per year honorarium - Paid in July
and be it further
RESOLVED, That the Town Board of the Town of Danby authorize the Supervisor to pay the above
salaries prior to the first meeting of each month with December payrolls adjusted to meet all budget
requirements .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Abstained
Steiner Aye
Strichartz Aye
Horst Aye Carried
RESOLUTION NO. 3 OF 1998
PAYMENT OF BILLS
By Councilperson Steiner : Seconded by Councilperson Inman
RESOLVED , That the Town Board of the Town of Danby approve a blanket resolution to authorize
the Town Supervisor to pay utility bills, freight, postage , contracts and to conduct other normal
proceedings such as payroll in advance of audit in order to keep affairs moving on a timely basis .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 4 OF 1998
1997 FINANCIAL REPORT
By Councilperson Steiner : Seconded by Councilperson Inman
RESOLVED , That the Town Supervisor, in lieu of preparing a financial report under Town Law
#29-( 10) shall submit to the Town Clerk by March 1 , 1998 a copy of the report submitted to the State
Controller required by Section 30 of Municipal Law.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 5 OF 1998
AUTHORIZATION FOR PURCHASE OF TOOLS , EQUIPMENT, ETC .
By Councilperson Steiner : Seconded by Councilperson Inman
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January 12 , 1998
RESOLVED, That the Town of Danby Highway Superintendent be authorized to purchase tools ,
equipment, small implements, tires and tubes , etc . in the amount not to exceed $ 5 , 000 at any given
time without prior approval of the Town Board.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 6 OF 1998
TOWN OF DANBY OFFICIAL NEWSPAPER AND BANK DEPOSITORY
By Councilperson Steiner : Seconded by Councilperson Inman
RESOLVED , That the Town of Danby Town board name the Ithaca Journal as the Official
Newspaper and the Tompkins County Trust Company as bank for the depository of Town Funds .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 7 OF 1998
TOWN OF DANBY ATTORNEY
By Supervisor Horst : Seconded by Councilperson Steiner
RESOLVED , That the firm of Barney, Grossman , Roth and Dubow be named as the law firm to
represent the Town of Danby in all Zoning, Planning Board, and general Town of Danby business .
The Town Board reserves the right of seeking other legal aid if it deems necessary.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 8 OF 1998
TOWN MILEAGE
By Councilperson Steiner : Seconded by Councilperson Gagnon
RESOLVED , That the Town of Danby Town Board authorize the mileage for Town Business to
be paid at thirty-one cents ($ . 31 . 5 ) per mile .
A roll call vote on the resolution resulted as follows :
Gagnon Aye •
Inman Aye
Steiner Aye
Strichartz Aye Carried Unanimously
Horst Aye
RESOLUTION NO . 9 OF 1998
VOTING MACHINE CUSTODIANS AND INSPECTORS
By Councilperson Steiner : Seconded by Councilperson Gagnon
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January 12 , 1998
RESOLVED, That the Town of Danby Voting Machine Custodians Edward M. Roberts and Robert
Whittaker will be paid as follows : Mr. Roberts $ 75 . 00 per service and Mr. Whittaker $60 . 00 per
service . Election Inspectors will be paid at the rate of $ 6 . 50 per hour for service .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO. 10 OF 1998
HIGHWAY IMPROVEMENTS REIMBURSEMENT
By Councilperson Steiner : Seconded by Councilperson Gagnon
RESOLVED, That the Town of Danby Town Board be authorized to sign an agreement that monies
collected for repairs and improvements of Town Highways in the amount of $ 87 , 000 . 00 (State Aid
DA3501 ) be expended upon 71 . 98 miles of Town of Danby highways .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO. 11 OF 1998
WATER COMMISSIONER APPOINTMENT
By Councilperson Steiner : Seconded by Councilperson Inman
RESOLVED , that the Town of Danby Town Board approve the appointment of Tom Westmiller
of 36 Valley View Road, Spencer, New York as Water Commissioner for the West Danby Water
District for a five year term to begin January 1 , 1998 and to expire December 31 , 2002 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO. 12 OF 1998
APPROVAL OF DEPUTY TOWN CLERK
By Councilperson Steiner : Seconded by Councilperson Strichartz
RESOLVED, That the Town of Danby Town Board approve the Town Clerk's appointment of
Beatrice Hogben as Deputy Town Clerk.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
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RESOLUTION NO . 13 OF 1998
TOWN BOARD MEETINGS
By Councilperson. Steiner : Seconded by Councilperson Strichartz
RESOLVED, That the Town of Danby Town Board regular monthly meetings be scheduled at 7 : 00
P . M . on the second Monday of each month for the year 1998 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 14 OF 1998
APPROVAL OF COURT CLERK
By Councilperson Steiner; Seconded by Councilperson Strichartz
RESOLVED , That the Town of Danby Town Board approve the appointment of Theresa O'Connor
as Danby Court Clerk .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 15 OF 1998
APPOINTMENT OF DEPUTY SUPERVISOR
By Councilperson Gagnon : Seconded by Councilperson Strichartz
RESOLVED, that the Town Board of the Town of Danby appoint Edward Inman as Deputy Town
Supervisor.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Abstained
Steiner Abstained
Strichartz Aye
Horst Aye Carried
RESOLUTION NO . 16 OF 1998
CREATION OF NEW POSITION ENTITLED "ASSISTANT CODE ENFORCEMENT
OFFICER
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS , the Town of Danby Town Board has reviewed various materials related to the change
in duties of the Office Assistant to the Code Enforcement Officer and Town Supervisor, Resolution
No . 50 of 1992 and Resolution No . 27 of 1997 , and the Draft Proposed Job Description for Assistant
Code Enforcement Officer for the Town of Danby, dated December 17 , 1997 ; now be it
RESOLVED, that the Town Board of the Town of Danby creates a new position entitled "Assistant
Code Enforcement Officer," and the following job description for the position entitled, "Assistant
Code Enforcement Officer, Town of Danby ; and be it further
RESOLVED, that the Town Board authorizes the Town Supervisor to submit the Job Description
entitled "Assistant Code Enforcement Officer, Town of Danby for filing at Tompkins County
Personnel Office, and authorizes the Town Supervisor to make minor changes to said job description
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if such changes are required by Tompkins County Personnel Office, with such changes to be
subsequently submitted to the Town Board for amendment to the said job description.
ASSISTANT CODE ENFORCEMENT OFFICER
TOWN OF DANBY
DISTINGUISHING FEATURES OF THE CLASS
This is a responsible technical and clerical position that provides assistance to the Code Enforcement
Officer in records maintenance and clerical duties, and in administration and enforcement of the New
York State Uniform fire Prevention and Building Code and other codes, laws, and regulations
pertaining to the construction, alteration, and use of buildings, structures , and properties . The work
is performed under the general supervision of the Code Enforcement Officer, with leeway allowed
for the exercise of independent judgement in carrying out the work duties . Acts for the Code
Enforcement Officer in his/her absence and does related work as required .
TYPICAL WORK ACTIVITIES :
Maintains records of all office transactions and activities including all applications received, permits
and certificates issued, fees charged and collected, inspection reports and notices and orders issued.
Prepares a variety of reports relevant to Town Code Enforcement activities .
Conducts correspondence on routine code enforcement activities .
Assigns new street address numbers in the Town, and reports such assignments to involved agencies
as required.
Makes corrections to street address numbers in coordination with the Tompkins County E-911
system and reports such assignments to involved agencies as required .
Provides clerical support to the Planning Board and the Town Board in the preparation of neighbor
notification lists and associated Planning Board mailings for development-related public hearings .
Provides clerical support to the Planning Board in the copying and mailing of meeting review
packets .
Reviews applications and issues building permits, conducts necessary inspections , and issues
certificates of occupancy in compliance with the New York State Uniform Fire Prevention and
Building code and related codes , laws , and regulations .
Under the direction of the Code Enforcement Officer, inspects, as necessary, buildings and structures
for compliance with the fire prevention and housing maintenance provisions of the New York State
Uniform fire Prevention and Building Code and related codes, laws , and regulations .
Under the direction of the Code Enforcement Officer, denies or revokes building permits or
certificates of occupancy as required, and issues written notices to correct unsafe, illegal , or
dangerous conditions in structures and on properties .
Answers routine questions related to zoning and subdivision inquiries , refers inquiries to Code
Enforcement Officer if more information is required .
Assumes responsibility of the department in the Code Enforcement Officer' s absence .
FULL PERFORMANCE KNOWLEDGE , SKILLS, ABILITIES AND PERSONAL
CHARACTERISTICS.
Good knowledge of office procedures, clerical aptitude and accuracy; working knowledge of
computerized word-processing and data management programs .
Good knowledge of modem practices, principles, materials, and tools used in building construction,
and of building trades ; good knowledge of the New York State Uniform fire Prevention and building
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12 January 12 , 1998
Code and the Danby zoning Ordinance; good knowledge of the principles of fire prevention; ability
to read and interpret plans and specifications ; good understanding of tax maps and tax parcel
identification; ability to write clear and concise reports and to maintain records in an orderly manner;
ability to be firm but courteous ; honesty ; integrity; thoroughness ; good judgement; physical
condition commensurate with the demands of the job .
Must have own vehicle available for conducting inspections and field work.
MINIMUM QUALIFICATIONS
Graduation from high school or possession of a high school equivalency diploma; 2 years clerical
experience including the use of computers , and EITHER :
(a) Satisfactory completion of an accredited program leading to an Associates Degree or
a Certificate in Construction Technology or a related field ; OR
(b) One year of full-time paid (or the equivalent part-time and/or volunteer) experience
in building construction work or a fire fighting organization ; OR
( c) One year experience as a certified building inspector ; OR
(d) An equivalent combination of training and experience as defined by the limits of (a) ,
(b) , or ( c) above .
Note :
Candidates for appointment in this class will be required to complete any mandated training as
established by the Department of State .
Discussion :
Councilperson Gagnon asked if the other position for office assistant still exists or if some of the
hours proposed for the new position could be used by another person or alternatively if there is not
a slack in the staff already that there be another person to do the lower level of work rather than pay
these people at a higher rate .
Supervisor Horst said that he would be hesitant at this point to add another person as he does not see
a need at this time .
The Code Enforcement Officer said that she does most of her own clerical work. It is necessary that
' u independent they keep
their own records and it requires p endent g
J d ement.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Abstained
Strichartz Aye Carried
Horst Aye
RESOLUTION NO. 17 OF 1998
TEMPORARY APPOINTMENT TO THE POSITION OF "ASSISTANT CODE
ENFORCEMENT OFFICER
By Councilperson Gagnon : Seconded by Councilperson Strichartz
RESOLVED , that the Town Board appoints Donna B . Inman to the position of "Assistant Code
a
Enforcement Officer," as an ongoing appointment, to be paid at the rate of $9 , . 88 per
therefore, for
it
of 19 . 5 hours per week, out of General Fund Account A8010 . 13 , now
resolved
RESOLVED , that the compensation for this position is retroactive to January 1 , 1998 , and be it
I
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Town Board Minutes
13 January 12 , 1998
further
RESOLVED , that this appointment is a provisional appointment pending acceptance of the job
description and accompanying application by the Tompkins County Personnel Office .
Discussion :
A member of the public asked if the job had been properly posted as required by Civil Service Rules .
Code Enforcement Officer Susan Beeners said that they were following the procedure that was
required by Tompkins County Personnel and there was a strong internal candidate that she wanted
to upgrade . .
Councilperson Steiner said that this resolution appoints to the position of " Code Enforcement
Officer" and is the same as Resolution No . 27 of 1997 which authorized enforcement assistance from
the Code Enforcement Office Assistant. He said that he does not understand what we are doing. We
authorized the assistant to perform these duties under the supervision of the Code Enforcement
Officer and this year we have the same resolution.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Abstained
Steiner Nay
Strichartz Aye
Horst Aye Carried
RESOLUTION NO . 18 OF 1998
APPOINTMENT OF PLANNING BOARD CHAIR
By Councilperson Gagnon : Seconded by Councilperson Strichartz
RESOLVED , that the Town Board of the Town of Danby appoints Arch Dotson to serve as Chair
of the Town of Danby Planning Board for the year 1998 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO. 19 OF 1998
C APPOINTMENT OF BOARD OF ZONING APPEALS CHAIR
By Councilperson Gagnon : Seconded by Councilperson Inman
RESOLVED, that the Town Board of the Town of Danby appoints B . Clinton Perkins to serve as
Chair of the Town of Danby Board of Zoning Appeals .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
e
c 2 8
Town Board Minutes
14 January 12 , 1998
RESOLUTION NO. 20 OF 1998
INCREASE IN MARRIAGE LICENSE FEE
By Councilperson Gagnon : Seconded by Councilperson Steiner
RESOLVED , that the Town Board of the Town of Danby increase the fee charged by the Town for
Marriage License from $ 18 . 00 to $25 . 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. 21 OF 1998
REAFFIRMATION OF TOWN OF DANBY PROCUREMENT POLICIES AND
PROCEDURES AS APPROVED IN RESOLUTION NO . 24 OF 1993
By Councilperson Gagnon : Seconded by Councilperson Steiner
RESOLVED, that the Town Board of the Town of Danby reaffirm the Town of Danby Procurement
Policies and Procedures as established in Resolution No . 24 of 1993 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 22 OF 1998
APPROVAL FOR TOWN SUPERVISOR TO SIGN INTERMUNICIPAL AGREEMENT
WITH TOMPKINS COUNTY CONSORTIUM RENEWAL
By Councilperson Gagnon : Seconded by Councilperson Steiner
RESOLVED , that the Town Board of the Town of Danby authorize the Town Supervisor to sign
the Intermunicipal Agreement with Tompkins County Consortium Renewal .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO . 23 OF 1998
PERMISSION FOR HIGHWAY SUPERINTENDENT TO ADVERTISE FOR BIDS FOR A
10-WHEEL DUMP TRUCK WITH PLOW
By Councilperson Gagnon : Seconded by Councilperson Inman
RESOLVED, that the Town of Danby Town Board authorizes the Town Highway Superintendent
to advertize for bids for the purchase of a 10-wheel dump truck with plow, and be it further
RESOLVED , that Councilperson Gagnon work with the Highway Superintendent to prepare the bid
specifications for a new 10-wheel dump truck with plow.
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Town Board Minutes
15 January 12 , 1998
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO. 24 OF 1998
PERMISSION FOR TOWN HIGHWAY DEPARTMENT TO BUILD DRIVEWAY
By Councilperson Gagnon : Seconded by Councilperson Inman
WHEREAS, the Town of Danby Highway Department Superintendent has requested permission
for the Town of Danby Town Board to build an access drive to a private property used for the storage
of highway materials and is located near 155 Comfort Road, now be it
RESOLVED, that the Town of Danby Town Board gives the Highway Department permission to
build an access drive near 155 Comfort Road for highway department use .
Discussion :
The Code Enforcement Officer said the Town should have a maintenance agreement with a hold
harmless clause . She said approval should be only upon a conditional upon a suitable maintenance
easement being executed approved by the Town Attorney and Town Supervisor.
Councilperson Gagnon withdrew motion to approve Resolution No . 24 of 1998 and moved the
following motion :
Motion to Consult Town Attorney Regarding Access Drive
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz for the
Town Supervisor to consult whth the Town Attorney about what provisions if any should be added
to the request for permission to build an access drive near 155 Comfort Road prior to approval .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Proposed Wage Increase for Town Non Union Employees
Councilperson Steiner reported that there was criticism by the Board and some of the employees did
not feel that they received a fair increase in wages . He proposed the following resolution :
RESOLUTION NO. 25 OF 1998
PROPOSAL FOR WAGE INCREASE OF 20 % FOR TOWN EMPLOYEES
By Councilperson Steiner : Seconded by Councilperson Inman
WHEREAS , the Town of Danby Town Board has voted to increase the hourly rate of one of their
employees in 1998 by 20% over the 1997 wage , now be it
RESOLVED, that the wages for all non union employees be increased to the point where they are
at a level of 20% above the 1997 wages .
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Town Board Minutes
16 January 12 , 1998
A roll call vote on the resolution resulted as follows :
Gagnon Nay
Inman Nay
Steiner Aye
Strichartz Nay
Horst Nay Motion Defeated
RESOLUTION NO . 26 OF 1998
RECOMMENDATION TO TOMPKINS COUNTY FOR APPOINTMENT TO THE
ENVIRONMENTAL MANAGEMENT COUNCIL
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS, the Town of Danby received a request from Tompkins County for a recommendation
for appointment from the Town for a member to serve on the Tompkins County Environmental
Management Council for a term to begin on January 1 , 1998 and to expire on December 31 , 1998 ,
and
WHEREAS , the Town of Danby Town Board on December 8 , 1997 recommended to Tompkins
County the reappointment of Robert Roe to the Environmental Management Council for a term to
begin January 1 , 1998 and to expire on December 31 , 1998 , now be it
RESOLVED, that the Town of Danby Town Board confirm the recommendation for reappointment
of Robert Roe of 1820 Danby Road, Ithaca New York to serve on the Environmental Management
Council as the representative from the Town of Danby.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Other Business :
Conducting Interviews for Appointments to Boards and Committees :
Councilperson Gagnon presented a proposed policy for conducting interviews to fill vacant positions
to Town of Danby boards and committees for consideration.
Uniform Procedure for Non-employee Appointments to be made by the Danby Town Board
as a Policy
The following Uniform Procedure for Non-employee Appointments to be made by the Danby Town
Board as a Policy was presented to the Board for consideration by Councilperson Gagnon .
1 . Solicitation of Interest
Whenever a vacancy exists in a position to be filled by Town Board appointment, an effort
will be made to solicit interest among potential candidates . The process should include notification
of the general public , either through newsletter or public notice in the official newspaper, or both .
2 . Application by letters of interest
Anyone with an interest in being appointed by the Board should submit to the Town Clerk
a letter stating his or her interest and indicating how they can be contacted in order to be considered .
3 . Interviews
Whenever more than one candidate for a position exists, an interview process will be used
.fi
y 1
Town Board Minutes
17 January 12 , 1998
to aid in evaluation. The process will be conducted in one of the following two ways :
A . Full Board interview
An interview will be conducted by the Town Board with as many Board members in attendance as
choose to participate . The Board may invite the active participation of non-Board members in the
process (e . g . , the Planning Board Chair for a Planning Board appointment) .
B . Committee Interview
The Town Board may vote to delegate to 1 or 2 of its members the task of conducting
interviews of candidates . The Board may invite the active participation of non-Board members in
the process (e . g. , the BZA Chair for a BZA appointment) . If it does so , such non-Board participants
shall have full voting rights .
This interview committee shall recommend to the Town Board one candidate for a position
if unanimous consent can be obtained, and two candidates otherwise , with arguments in support of
each of the two candidates .
Discussion:
Councilperson Steiner said that this has the potential of excluding some Board members from the
interviewing process . He does not think that this is appropriate and raises serious concern for those
that may be excluded from the process and that they are the ones that ultimately appoint to the
Boards and committees .
Councilperson Gagnon said that the Board already has the authority to delegate to a committee this
process if it wants to do so .
Supervisor Horst reported that if the whole Board conducts interviews to fill positions on Boards and
Committees that it must be done in executive session and must comply with the Open Meetings
Laws of New York State .
Motion to Terminate the Debate and Vote on the Motion to Adopt the Uniform Procedure for
Non-employee Appointments to be made by the Danby Town Board as a Policy .
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to
terminate the debate on the proposed motion to Adopt the Uniform Procedure for Non-employee
Appointments to be made by the Danby Town Board as a Policy as presented by Councilperson
Gagnon. .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Nay
Steiner Nay
Strichartz Aye
Horst Nay Motion Defeated
Supervisor Horst reported to the Board that there are two options for the process of conducting
interviews for appointments to town boards and committees . Interviews may be done by the whole
Board an executive session, or two persons from the Town Board and a representative from the
perspective board may interview candidates and report back to the whole board.
Councilperson Strichartz said that she would like the Board to start interviewing soon.
Supervisor Horst asked the Board to authorize him to appoint two (2) Board members along with
the Chairs of the Planning Board and the Board of Zoning Appeals to interview potential candidates
to fill the vacancies on those boards and to report back to the Town Board .
- Z
I
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Town Board Minutes
18 January 12 , 1998
1
Motion toAuthorize Supervisor to Appoint Persons to Conduct Interviews to Fill Planning
Board and Board of Zoning Appeals Vacancies
A motion was made by Supervisor Horst and seconded by Councilperson Inman to authorize the
Supervisor to appoint two (2) Councilpersons to serve on an interview committee for vacancies on
the Planning Board and the Board of Zoning Appeals and the Chair of those Boards be included in
the interviews .
Discussion:
Chairperson Horst said that the Board members could submit questions to be asked of the candidates
if they wished. The committee will report back to the Board with their recommendations .
Councilperson Steiner said that this process is excluding two (2) Board members from the process
and he could not support it .
A roll call vote on the motion resulted as follows :
Gagnon Nay
Inman Aye
Steiner Aye
Strichartz Aye Carried
Horst Aye
APPROVAL OF MINUTES :
Correction to Minutes of December 29 , 1997 Year-end Meeting
1 ) Record vote of approval of December 29 , 1997 Year-end Meeting bottom of page 6 on
minutes draft.
Approval of Town Board December 29 , 1997 Year-end Meeting
A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve
the December 29 , 1997 Year-end Meeting of the Town Board as corrected .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Other Business :
Status of $mart Review Request
Councilperson Steiner reported that he would like to clarify to the Board that he agreed to check ew has
status of the $mart Review Request to New York State . An Application fo
been sent to New York State and he expects to hear from them soon.
Request of Supervisor for Outside Independent Audit
A motion was made by Councilperson Steiner and seconded by Supervisor Horst to authorize Adit the
Town Supervisor to contract with an independent firm to perform an Outside Independent
the Financial Records of the Town of Danby at a cost not to exceed $4 , 000 and that the Supervisor
proceed in hiring a firm after a minimum of two (2) quotes for the audit has been obtained .
Councilperson Steiner said that an independent audit request is not unusual when a new supervisor
takes office .
Councilperson Gagnon said that his concern is that there was not funds appropriated in the 1998
S 3 3
Town Board Minutes
19 January 12 , 1998
Town Budget.
Supervisor Horst said that he would feel more comfortable to have an independent audit as there has
not been an audit performed in several years and is not questioning past bookkeeping practices .
A roll call vote on the motion resulted as follows :
Gagnon Nay
Inman Aye
Steiner Aye
Strichartz Aye
Horst Abstained Carried
Town Hall Renovation/Addition Project
Councilperson Inman reported that he received a memo from James L . Lewis , Inc . regarding the
plumbing contract . To reinstall the new venting the estimate has increased from the original
proposal due to additional venting . J . L . Lewis is asking for an increase of $ 1 , 806 . 44 to cover the
cost of the labor.
Motion to Approve Change Order
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve
the additional amount requested for the proper venting to the new addition on the Town Hall Project
in the amount of $ 1 , 806 . 44 for an additional 38 hours of labor as requested by James L . Lewis on
January 7, 1998 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Abstained
Strichartz Aye
Horst Aye Carried
Approval of Supervisor ' s December 1997 Report
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve
the Supervisor ' s December 1997 report as submitted .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Approval of Town Clerk' s December 1997 Report
A motion was made by Councilperson Gagnon and Seconded by Councilperson Strichartz to approve
the Town Clerk ' s December 1997 Report as submitted .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
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Town Board Minutes
20 January 12 , 1998
APPROVAL OF WARRANTS
West Danby Water District Fund Warrant No . 1 of 1998
A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve
the West Danby Water District Fund Warrant No . 1 voucher numbers 1 -2 in the amount of $976 . 97 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Highway Department Fund Warrant No . 1 of 1998
A motion was made by councilperson Inman and seconded by Councilperson Gagnon to approve the
Highway Department Fund Warrant No . 1 of 1998 voucher numbers 1 - 12 in the amount of
$ 13 , 889 . 18 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
General Fund Warrant No. 1 of 1998
A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve
the General fund Warrant No . 1 of 1998 voucher numbers 1 -35 in the amount of $ 12 ,239 . 10 .
(Voucher No . 34 Pulled from warrant) .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 11 : 05 P . M .
Jv )
Carol W. Scze i , Town Clerk