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TOWN OF DANBY
TOWN BOARD MEETING
APRIL 10, 2006
PRESENT :
Supervisor Fredric Dietrich
Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino, Gladys Varona-Lacey
Others Present :
Carol Sczepanski l - Town Clerk C
Susan Beeners - ode Enforcement Officer
Roy Casterline - West Danby Water Superintendent
Andrew Thurnheer - Highway Superintendent
Members of the Public :
Mary Casterline, Ames Brown, Bob Roe, Dave and Judy Noteboon, Jim Seely, Gary Hollenbeck,
Jeffrey Ward, Marg and Carl Seamon, Cindy Whittaker, Ted Jones, Nick Monroe, Kent McNeil,
Katy Walker, Sheryl Monroe, John Shepardson, Jr. , John Shepardson, Sr.
Supervisor Dietrich called the meeting to order at 6 : 30 p . m. and led all present to the Pledge of
Allegiance to the American flag.
ADDITIONS OR DELETIONS TO THE AGENDA
Councilperson Salino asked that the Board to pass a resolution of acknowledgment of services to the
Town of Danby of Arch Dotson. Arch passed away last week .
Councilperson Nolte asked that the Board consider an executive session following the reports on the
agenda.
Susan Beeners asked that the Board consider a special meeting for April 17 , 2006 at 6 : 30 p .m . to
review the Highway Department Facility floor drain project and the written proposal from the
remediation consultant. She requested that the Town Attorney and Mesmer be present at that
meeting.
Carol Sczepanski basked that an item for permission to dispose of Tentative Assessment Rolls over
Six(6) years old and Final Assessment Rolls over ten( 10) years old that are now outdated records
be added to the agenda.
Councilperson Varona-Lacey asked that the Beautification Committee be added to reports and that
continued discussion on roads be added under Old Business .
Councilperson Beavers asked that the Fire District be added to Reports .
PRIVILEGE OF THE FLOOR:
Bookkeeper Ted Jones reported that Representative Proto will not be here tonight .
Ames Brown asked that the Board give some attention to the other items that were on the proposed
bond other than th'e salt storage facility. He questioned an item on the agenda -Retroactive Approval
of Grant Application Submission and Commitment of funds (proposed resolution) . We should find
out what we are doing with the grant before we commit funds . He also asked for an update on the
West Danby Water District generator.
Councilperson Beavers reported that this is only a grant application and it does not guarantee a salt
barn project nor does it commit us to anything. If we do get a grant we can continue with the project.
REPORTS :
EMC Report - Robert Roe reported that Cornell University has twenty-seven(27) projects . The one
that most likely toj affect us is the heating plant . EMC voted unanimously to join New York Energy
Smart Communities Programs that hopefully allows towns and counties make smart energy
decisions . The rates have not gone down for solid waste disposal .
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April 10, 2006
Highway - No report .
Planning Board Report - Robert Roe reported that on March 16 , 2006 the Planning Board granted
a request for a two(2) acre lot subdivision and scheduled three (3 ) public hearings at their April 27 ,
2006 Meeting. 1 ) Danby Community Park, 2 ) A property at 1850 Danby Road ( currently Lane ' s
Automotive), 3 ) Waldorf School Proposal . We will be looking at the revision of the work plan
County Planning Contract . Bob reported that the Planning Board looked at a draft "Right to Farm"
proposed ordinance and the Planning Board would like to suggest to the Town Board that it be
extended to cover other outdoor commercial and recreational uses of natural resources that are
consistent and established as law in the State of New York.
West Danby Water District - Superintendent Casterline submitted the West Danby Water District
Annual Water Quality Report for 2005 and it has been filed and posted . He said that the generator
is something they have been working without the generator since 1992 and nothing has been done
yet. The generator at the fire station still remains an issue between the water district and the fire
district.
Recreation Partnership
The Recreation Partnership open house for last Thursday was cancelled due to lack of interest. . The
Town Supervisor will report to Community Council on some the numbers that have come back on
Danby youth participation .
Community Council
Councilperson Varona-Lacey said that she was unable to attend the last Community Council
Meeting. She received a report that money was approved for the Danby Fun Day expenses and $300
from the concert money for a musical group . Cooperative Extension presented a report on youth
services and more youth will be recruited from South Hill School by the Youth Coordinator. There
was money approved for Summer Programs at Jennings Pond and money was approved to repair
West Danby signboard that was damaged by water.
Senior Citizens :
Carol Sczepanski reported that 53 seniors attended the Senior Citizens Easter Luncheon and had
Country music for entertainment. Beginning in May the seniors will meet at 6 : 00 p .m .
Dog Control
SPCA February report has been received. The Town Clerk reported that the Tompkins County Town
Clerks will be meeting with representatives of the SPCA regarding the way tickets are to be handled .
Fire District Report
Councilperson Beavers attended the Fire District Meeting on March 21 , 2006 . He will submit a copy
of the minutes and a copy of their budget. He suggested that they have a representative come to the
Town Board Meetings . They are putting their equipment list to go out for bid for replacement of
small equipment. The Fire District is planning on increasing their insurance from $ 3 ,000,000. 00 to
$ 5 , 000, 000 . 00 The issue of the generator for the West Danby Water District has been tabled . They
are now doing an internal audit . They received a $ 3 ,000 . 00 grant for engineering services for the
expansion of the Danby Fire Station .
Beautification Committee
Councilperson Varona-Lacey reported that the Beautification Committee has planned to buy trees
to place along NYS Rte. 96B and are going to walk the area this week to view where they can plant
flower bulbs .
Zoning Report :
Susan Beeners reported that the Town Board has received the asbestos survey of the Old Town
Barns . The CMC Subdivision drainage district draft report has been transmitted to the Board and
the Board will need to set a public hearing date for establishing the drainage district. The Camelot
Subdivision in West Danby and the Board will be asked to approve the final configuration of that
project. She reported that a meeting was held with the Town Supervisor, Representative Proto, Lee
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April 10, 2006
Shurtlif, and Steve Witcher of Tompkins County at the Supervisor ' s request to discuss the County
Telecommunication project. A letter from Chris and Ginny Gartline was received by the group
relating to their survey stakes having been moved by seven feet.
Executive Session Requested
A motion was made by Councilperson Nolte and seconded by Councilperson Beavers at 7 : 05 p .m .
that the Town Board of the Town of Danby adjourn to Executive Session to discuss a matter with
the Highway Department and possible litigation .
A roll call vote on the motion resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Town Board Meeting Reconvened
The Town Board !Meeting Reconvened at 8 : 30 p .m .
Motion to Extend the Board Meeting to 9 : 30 p. m.
A motion was made by Councilperson Beavers and seconded by Councilperson Nolte that the Town
Board of the Town of Danby extend the meeting to 9 : 30 p . m .
A roll call vote on the motion resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Katie Walker asked the Town Board to act on the resolution regarding the Danby Highway
Agreement to Spend Funds as a first item on the Agenda.
COMMUNICATIONS :
Memo from Tanya Jackson regarding Emery Road - referred to 911 for research on duplicate road
names .
Memo from Chris and Ginny Gartline was referred to Tompkins County.
Hillview Road Landfill - Annual Report filed in the Clerk ' s Office .
OLD BUSINESS :
Salt Storage Facility Project - Retroactive Approval of Grant Application Submission and
Commitment of ]Funds
RESOLUTION 110. 42 OF 2006
SALT STORAGE FACILITY PROJECT - RETROACTIVE APPROVAL OF GRANT
APPLICATION 'SUBMISSION AND COMMITMENT OF FUNDS
By Councilpersor Nolte : Seconded by Councilperson Varona-Lacey
WHEREAS, thei construction of a Salt Storage Facility at the Town Highway property on
Hornbrook Road is identified as a strategy in the Town Comprehensive Plan as a manner for the
Town government to improve water quality; and
WHEREAS , the Town has applied for several previous N.Y. S . Bond Act grant applications has
acquired land, hash conducted groundwater testing, and has conducted other engineering and design
development in order to further this strategy;
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April 10, 2006
NOW, THEREFORE, IT IS
RESOLVED, that the Town Board of the Town of Danby retroactively approves the March, 2006
admission of a new grant application for this project to the N. Y . S . bond Act, prepared by the Code
Enforcement Officer on behalf of the Highway Department ; and it is
FURTHER RESOLVED, that the Town Board of the Town of Danby expresses its commitment
to provide matching funding through such means as taxation, bonding, force account, and other
financing, if the grant is awarded, notwithstanding subsequent requirements of project and funding
and implementation as required by law.
A roll call vote on the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Discussion on Roads in Developments Information
Councilperson Varona-Lacey requested legal opinion of when roads must be accepted and
maintained as town roads in developments .
Susan Beeners reported that the Town Attorney is willing to draft up some proposed revisions related
to the acceptance and maintenance of town roads .
Supervisor Dietrich said that the draft would would be a quick fix and give us the kind of language
where we do not have to have a lot of detail in terms of all the different circumstances . It would be
stop gap language that would force developers come to the Town Board and come to a conclusion
about what will be done on their roads .
Acknowledgment to Lynn Bennett and Arch Dotson
RESOLUTION NO. 43 OF 2006
ACKNOWLEDGMENT TO THE FAMILIES OF LYNDON BENNETT AND ARCH
DOTSON
By Councilperson Varona-Lacey: Seconded by Councilperson Beavers
RESOLVED, that the Town Board of the Town of Danby authorizes the Town Clerk to send out
certified resolutions of acknowledgment to the families ofLyndon Bennett and Arch Dotson for their
service to the Town .
A roll call vote on the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
RESOLUTION NO. 44 OF 2006
APPROVAL OF WORK PLAN FOR 2006 UNDER TOMPKINS COUNTY GENERAL
PLANNING SERVICES CONTRACT
By Councilperson Nolte : Seconded by Councilperson Salino
WHEREAS, the Town of Danby is in the third year of a Contract with Tompkins County for
General Planning Services ; and
WHEREAS, there is a need for a work plan for 2006 ; and
WHEREAS, the Town Board of the Town of Danby has received an updated proposed work plan
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April 10, 2006
dated March 30, 2006, and has reviewed it on April 5 , 2006 with the Task Force; now, therefore, it
is
RESOLVED, that the Town Board of the Town of Danby hereby approves the work plan dated
March 30, 2006 showing the work that will be completed by the Tompkins County Planning
Department for the Town of Danby as part of the current General Planning Services Contract, and
it is further
RESOLVED, that the Town Board of the Town of Danby hereby approves the general work being
conducted by the Task Force as reviewed in a joint meeting between the Town Board and the Task
Force.
A roll call vote oil the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Discussion :
Susan Beeners said that she has a comment as to whether the Town Board approved the general
overview of the work being engaged in by the Task Force this year.
She suggested that a further resolved be added to the resolution that the Town Board of the Town
of Danby hereby approves the general work being conducted by the Task Force as reviewed in a joint
meeting between the Town Board and the Task Force .
After discussion the Board approved a Friendly Amendment by adding a further resolved to the
resolution No . 44 . Of 2006 .
Motion to Approve in Concept the Proposed Round 2 - Bonus Lots Legislation
A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the
Town Board of the Town of Danby approves in concept the proposed Round 2 be bonus lots for
agricultural land preservation and directs the Task Force to work further on the language.
A roll call vote on the motion resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
RESOLUTION NO . 45 OF 2006
PUBLIC HEARING DATE FOR PROPOSED LOCAL LAW ENTITLED "AMENDING THE
SUBDIVISION REGULATIONS BY RECLASSIFYING SUBDIVISIONS, MODIFYING
PROCEDURES FOR SUBDIVISION APPLICATIONS AND CHANGING
REQUIREMENTS, STANDARDS, AND GUIDELINES RELATED TO ENVIRONMENTAL
CONSERVATI I N"
By Councilpersori Beavers : Seconded by Councilperson Nolte
RESOLVED, that the Town Board of the Town of Danby sets a public hearing date of May 8 , 2006 ,
at 6 : 30 p .m. or a proposed local law entitled : "Amending the Subdivision Regulations by
Reclassifying Subdivisions, Modifying Procedures for Subdivision Applications and Changing
Requirements, Stndards, and Guidelines Related to Environmental Conservation".
A roll call vote on the resolution resulted as follows :
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April 10, 2006
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
RESOLUTION NO . 47 OF 2006
APPROVAL OF HIGHWAY AGREEMENT TO SPEND TOWN HIGHWAY FUNDS
By Councilperson Beavers : Seconded by Councilperson Salino
RESOLVED, that the Town Board of the Town of Danby approves of the Danby Highway
Departments "Agreement to Spend Town Highway Funds for the fiscal year 2006 , and it is further
RESOLVED, that the Town Board of the Town of Danby have signed the "Agreement to Spend
Town Highway Funds- 2006 " , and that the agreement will be filed in the Town Clerk ' s Office.
Discussion :
Councilperson Beavers said that the items on the agreement should be in the order they will be
performed. He would like to know the order of what projects will be done first .
Councilperson Nolte said that the Board needed a breakdown of the expenditures .
Highway Superintendent Thurnheer said that he hoped that all the projects would be done. Fisher
Settlement has been graded twice this year and will be done again. Fieldstone Circle will be done
after April 15 , 2006 . Others will be completed whenever the materials become available.
The Highway Department was directed to provide more paper work with the order of projects by
preference and attach project information.
A roll call vote on the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Motion - Permission to Dispose of Records
A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich the Town Board
of the Town of Danby gives permission for the Town Clerk to dispose of vouchers over six(6) years
old, Tentative Assessment Rolls over six(6) years old and Final Assessment rolls over ten( 10) years
old as suggested in the New York State Archives MU1 Schedule for record retention.
A roll call vote on the motion resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Motion to Approve Special Meeting
A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town
Board of the Town of Danby schedule a Special Meeting for Monday, April 16, 2006 at 6 : 30 p . m .
A roll call vote on the motion resulted as follows :
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April 10, 2006
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich i Aye Carried Unanimously
Approval of Supervisor ' s March 2006 Report
A motion was made by Councilperson Nolte and seconded by Councilperson Beavers that the Town
Board of the Town of Danby approves the March 2006 Supervisor' s Report as submitted.
A roll call vote on the motion resulted as follows :
Beavers I Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye Carried
Approval of the Town Clerk' s Report - March 2006
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 Report for March 2006 as submitted .
A roll call vote on the motion resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
APPROVAL OF WARRANTS
General Fund Warrant No. 4 of 2006
A motion was made by Councilperson Nolte and seconded by Councilperson Salino that the Town
Board of the Town of Danby approves the General Fund Warrant No . 4 of 2006 in the amount of
$ 12 ,768 . 59 voucher numbers 127 - 153 .
A roll call vote on the motion resulted as follows :
Beavers Aye
Nolte i Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Highway Department Fund Warrant No. 4 of 2006
A motion was made by Councilperson Salino and seconded by Councilperson Beavers that the Town
Board of the Town of Danby approves the Highway Department Fund Warrant No . 4 of 2006 in the
amount of $ 1 ,616 . 61 voucher numbers 47 - 50 .
A roll call vote on the motion resulted as follows :
Beavers ! Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
West Danby Walter District Fund Warrant No. 4 of 2006
A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town
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April 10, 2006
Board of the Town of Danby approves the West Danby Water District Fund Warrant No . A4 of 2006
in the amount of $ 368 . 13 voucher numbers 14- 16 .
A roll call vote on the motion resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Decision From Executive Session
Supervisor Dietrich reported that the Town Board in their executive session authorized the Highway
Superintendent to explore hiring or getting the Community Dispute Resolution to address issues with
Highway personnel .
ADJOURNMENT
On a motion the meeting adjourned at 9 : 30 P .M .
. /al t A ' / f°,
Carol W. Sczepanf .', Town Clerk
min-4- 10-06
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