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Town Board Minutes
January 8 , 2007
TOWN OF DANBY
TOWN BOARD MINUTES
JANUARY 8, 2007
PRESENT :
Supervisor Fredric Dietrich
Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino , Gladys Varona-Lacey
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Carl Seamon - Deputy Highway Superintendent
Members of the Public
David Noteboon, Ames Brown, Roberta Dixon, Asher Hockett, Kent McNeil, Patrick Caveny, Ted
Jones
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.
Motion to Move to Executive Session
A motion at 6 : 35 p .m . was moved by Supervisor Dietrich and seconded by Councilperson Varona-
Lacey that the Board move to executive session for consultation with the Town Attorney on a
medical problem of a town employee .
A vote on the motion resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
1 Varona-Lacey Aye
Dietrich Aye Carried
Meeting Reconvened
The meeting was reconvened at 7 : 45 p .m.
Privilege of the Floor:
Supervisor Dietrich announced that WHCU would like to interview him tomorrow about the goals
for the future of Danby. He said that there should be some energy put into telecommunications, a
commitment to emergency management, and land use regulations . He said he would also include
the Aquifer Study.
Councilperson Beavers you should include something about the Hamlet Strategic Planning in and
the future of what the town is going to look like.
The Town Clerk reported that a problem of over charging the West Danby Water Tax on the 2007
Tax Bills is almost over and her office will be sending corrected bills to the residents and property
owners affected as soon as Tompkins County Division of Assessment completes the corrected
Warrant to Collect.
Supervisor Dietrich asked the Town Clerk to contract HFC to schedule the annual furnace
maintenance and Gaggle to pump the septic system.
Fire District Report
Patrick Caveny gave the Fire District Report for December. They held their annual election of
Officers . Matt Cooper was elected to the Board of Fire Commissioners for a five(5 ) year term . Matt
replaces Monique Fairchild. There was also an election of officers in both fire companies . The
Chiefs of both companies remain the same . The grant proposal submitted to replace a thirty(30) year
p 1, .
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January 8 , 2007
old pumper was denied. They have a copy of the draft for shared services agreement between the
Danby Highway and Fire District to review. The building committee for the addition to the Danby
Station is making progress . The annual organizational meeting will be held this Tuesday.
Members of the Public :
Ames Brown questioned the Time Warner Agreement discussion item on the agenda. He said he I
understands that in Solvay and some towns near Syracuse are exploring using electric lines for high
speed internet connections . The program may be used on a trial basis .
Councilperson Beavers said that the Board is exploring options for better service in town and
possible extensions .
Supervisor Dietrich said that the Town has received many requests for high speed
telecommunications . He said that he hopes that there will be a Citizen ' s Advisory Board set up to
work with the Board. We would like to make some progress on options during the next year.
REPORTS :
Highway Department Report :
Deputy Highway Superintendent Carl Seamon reported that the locks have been changed on the
doors at the Highway Department, the spreader has been repaired and returned, 2900 feet of snow
fence has been placed in problem areas, there has been two(2) storage containers ordered, items were
sent to an auction. There has not been a lot of use for de-icing materials but are well supplied . Due
to the mild weather pot holes shoulders have been repaired in some areas and some ditching . He said
that this report is from Tracy.
Zoning - December 2006 report was submitted by the Code Enforcement Officer. She has made
three(3) requests for estimates on the Highway Remediation and expects to have a final estimate by
the end of January. There will be one holding tank and it will not be used for truck wash water.
There will be a separate tank for the wash water. Insurance for removal of the waste water will be i
at the expense of the hauler. The subdivision regulations were sent to the Town Attorney on Friday
for review . White Hawk Proposal is moving along. The intern has started work on the GIS mapping
project. The intern will address the Planning Board at the January Meeting on possible training
sessions on GIS which would qualify the Planning Board and the BZA. A new map of Danby has
been made for the Fire District.
Planning Board Report :
Two minor subdivisions were approved at the December meeting.
Beautification Committee
Councilperson Varona-Lacey reported that the Beautification Committee is going to reapply for more
funding for the Town. Naomi Strichartz has the application material for funding.
Jennings Pond Coordinator
Supervisor Dietrich reported that the present coordinator for the Jennings Pond program is not
qualified for that position and the Tompkins County Civil Personnel and Civil Service Regulations .
Community Council
Community Council annual elections are coming up at their monthly meeting on Thursday, January
10, 2007 . The council does not have a representative from West Danby.
Recreation Partnership
The Recreation Partnership is struggling along and trying to become more viable and are in place
for this year. The Recreation Partnership will be discussed at the Tompkins County Municipal
Officers meeting next week.
Senior Citizens
The Senior Citizens had their monthly meeting with 44 people in attendance. We received a brief
presentation from John Smith of the Danby Fire Department on things we need on hand in the event
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January 8 , 2007
of an ice storm (or other emergency) and how the fire department responds to emergencies . A group
from Cooperative Extension presented information on the importance of having papers and
documents on file with the hospital for emergency medical care .
Dog Control - December 2006 report received.
Task Force
Supervisor Dietrich reported that the Task Force would like to meet with the Town Board. They are
requesting goals and suggestions for their meeting with the Town Board. He said that when they
next meet he would hope they would devote some topics that are of mutual concern.
Communications :
Association of Towns Annual Meeting Agenda and application for the annual meeting.
Tompkins County Municipal Officials Agenda.
Confirmation from NYSEG regarding electric supplier.
Strategic tourism Planning Board - Grants Workshop .
OLD BUSINESS
CSEA Agreement Between Town and Highway Department Employees .
The Town has received the final changes to the CSEA Agreement between the Town and the
Highway Department Employees . The agreement needs to be approved by the Town Board.
RESOLUTION NO. 20 OF 2007
APPROVAL OF CSEA AGREEMENT BETWEEN THE TOWN AND HIGHWAY
DEPARTMENT EMPLOYEES
By Councilperson Nolte : Seconded by Councilperson Salino
RESOLVED, that the Town Board of the Town of Danby approves of the CSEA Agreement
between the Town and Highway Department employees as submitted.
A roll call vote on the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Time Warner Contract
Supervisor Dietrich reported that he thinks we are moving along and there is nothing new to report .
Councilperson Nolte said that we should contact Haflee to see if there is something they can provide
near Tioga County.
Councilpersons Beavers and Varona-Lacey said that we should consult all providers near the Town.
MOTION TO SCHEDULE PUBLIC HEARINGS
PROPOSED REVISIONS TO PROPOSED LOCAL LAW AMENDING ZONING
ORDINANCE RELATED TO PERMITS TO BUILD, BOARD OF APPEALS AND
PLANNING BOARD AND A LOCAL LAW PROVIDING FOR THE ADMINISTRATION
AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE
By Supervisor Dietrich : Seconded by Councilperson Varona-Lacey
RESOLVED, that the Town Board of the Town of Danby will hold public hearings on the proposed
revisions to the proposed local law entitled "Amending Zoning Ordinance Related to Permits to
Build, Board of Appeals and Planning Board" and a public hearing at 6 : 45 p . m on the proposed local
law entitled "Providing for the Administration and Enforcement of the New York State Uniform Fire
Prevention and Building Code" on February 12 , 2007 at 6 : 30 p . m . at the Town Hall, 1830 Danby
Road, Tompkins County, Ithaca, New York.
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January 8 , 2007
A roll call vote on the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Town Attorney Agreement - Deferred
Supervisor Dietrich said that the Town Attorney Agreement will be deferred until we have the
language requested reflected in the agreement
RESOLUTION 21 OF 2007
APPROVAL OF WATER COMMISSIONER
By Supervisor Dietrich : Seconded by Councilperson Beavers
RESOLVED, that the Town Board of the Town of Danby approves the appointment of Carl Seamon
as a West Danby Water District Commissioner for a five(5 ) year term to begin immediately and will
expire on December 31 , 2011 .
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. 22 OF 2007
APPOINTMENT OF TOWN JUSTICE
By Councilperson Beavers : Seconded by Councilperson Varona-Lacey
RESOLVED, that the Town Board of the Town of Danby appoints Theresa Klinger of 11 Hill Road,
Ithaca, NY to fill the vacancy of the Town of Danby Justice created by the resignation of Justice
Gerald Catlin, Sr.
A roll call vote on the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Motion to Extend Meeting
A motion was made by Councilperson Beavers and seconded by Councilperson Varona-Lacey to
extend the meeting to 8 : 45 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
RESOLUTION NO. 23 OF 207
CREATING A HAMLET PLANNING ADVISORY COMMITTEE
By Councilperson Nolte : Seconded by Councilperson Beavers
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WHEREAS, enhancement of the Central and West Danby Hamlets as community centers is a major
goal in the Comprehensive Plan; and
WHEREAS, the Town Board desires to establish an advisory group to help in achieving such
enhancement/revitalization;
NOW, THEREFORE, IT IS
RESOLVED, that the Town Board of the Town of Danby hereby establishes a committee to be
known as the Hamlet Planning Advisory Committee, charged as follows :
* To develop a vision for the Central and West Danby Hamlets and identify strategies
and plans to attain that vision .
* To develop a process which involves hamlet residents and property owners,
community-wide businesses , as well as the community as a whole.
* To develop both action plans and land use plans, and to make recommendations on
improvements to related regulations, and
FURTHER RESOLVED,
* That proposals developed by the Committee shall be referred simultaneously to the
Town Board and the Planning Board, with the Town Board retaining authority for
final approval .
* That the Committee may establish Subcommittees to work on various aspects of
hamlet planning, subject to the approval of the Town Board. , and
FURTHER RESOLVED, that the Committee shall be structured as follows :
Membership
There shall be seven members of the Committee .
To the greatest extent possible, the Town Board shall seek the following membership :
* Two residents or other owners of property in the Central Danby Hamlet or its general
vicinity - the residents may be renters .
* Two residents or other owners of property in the West Danby Hamlet or its general
vicinity - the residents may be renters .
* Two business owners in the Town of Danby
* One owner of an agricultural property in the Town of Danby
The Chair and Vice-Chair shall be appointed by the Town Board.
Order of Meetings
All meetings shall be open to the public and posted on the Town Calendar kept by the Town
Clerk.
Robert ' s Rules of Order shall be followed at all meetings .
For voting purposes, a quorum shall consist of 5 members present, and
FURTHER RESOLVED, that support shall be made available to the Committee from the Code
Enforcement Officer and such other paid assistance as the Town Board agrees to make available .
The Town Board by Resolution on December 11 , 2006 has approved a Planning Intern who will be
available for a portion of her internship for this purpose . Additional assistance from consultants or
interns may be provided upon recommendation by the committee, and approval by the Town Board;
and
FURTHER RESOLVED, that the Town Board authorizes the Code enforcement Officer to prepare
an article for the upcoming Danby Area News, informing the community of this Committee
establishment, and soliciting possible members for interview, for use by the Town Clerk in
transmitting to the Danby Area News .
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Discussion:
Supervisor Dietrich said that he thinks this is a little premature and cannot vote on this until he hears
from the Task Force.
Councilperson Beavers said that he thinks it is a good idea and that we get moving on this and it a �
well structured document how it is set up .
A roll call vote on the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Nay Carried
Supervisor Dietrich said that he would like to talk to the Chairs of the Committee and people about
this .
RESOLUTION NO 24 OF 2006
DISCONTINUING COMPREHENSIVE PLAN IMPLEMENTATION TASK FORCE
By Councilperson Beavers : Seconded by Councilperson Salino
WHEREAS , the Town Board of the Town of Danby by Resolution No . 31 of 2004 created a
Comprehensive Plan Implementation Task force, charged with focusing primarily on land use
regulations ; and
WHEREAS, The Task Force has met consistently since 2004 and has provided valuable support to
the Town in revisions to its land use regulations ; and
WHEREAS , the Town Board is currently developing land use regulations based on the Task Force
recommendations ; but desires to change certain planning focus towards enhancement of the Central
and West Danby Hamlets ; now, therefore it is
RESOLVED , that the Town board of the Town of Danby hereby discontinues the Comprehensive
Plan Implementation Task force; and it is further
RESOLVED, that the Town Board expresses its sincere appreciation to the Task Force for its
involvement and diligence, and it is further resolved that this resolution take effect on January 11 ,
2007 .
Discussion :
Supervisor said that he would like to hear from the Task Force .
Councilperson Beavers said that he has talked to the Chairman of the Task Force . As far as what
the Task Force was designed to do, they have come that far and it is falling apart on who is
participating now . The creating of this new committee will be the next extension basically of the
Task Force with just a different structure . He said he thinks it is time to change the structure on this .
Councilperson Beavers asked to make an amendment to the resolution that it take effect on January
11 , 2007 . Their meeting is Wednesday, January 11 , 2007 and it will give them a chance to finish
up the flag lots and the special housing.
A roll call vote on the resolution resulted as follows :
Beavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
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January 8 , 2007
Dietrich Nay Carried
RESOLUTION NO. 25 OF 2007
AUTHORIZATION OF TRANSFER OF FUNDS RELATED TO PLANNING INTERN
By Supervisor Dietrich: Seconded by Councilperson Salino
WHEREAS, the Town Board of the Town of Danby by resolution on December 11 , 2006 approved
the retention of Chelsey Norton as Planning Intern for the period of January 1 through May 31 , 2007 ,
at a maximum amount of $4, 560 . 00 paid from account A8020 . 401 ; and
WHEREAS, there is a need to transfer such funds to a different account for such use; now,
therefore, it is
RESOLVED, that the Town Board of the Town of Danby approves the transfer of $4, 560 from
Account A8020 .401 Comprehensive Plan Contractual to account A8010 . 140 Zoning General
Support .
A roll call vote on the resolution resulted as follows :
B eavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Approval of the Supervisor' s Report - December 2006
A motion was made by Councilperson Salino and seconded by Councilperson Nolte that the Town
Board of the Town of Danby approves the Town Supervisor' s December 2006 report as submitted.
A roll call vote on the motion resulted as follows :
B eavers Aye
Nolte Aye
S alino Aye
Varona-Lacey Aye
Carried Unanimously
Approval of Town Clerk' s Report - December 2006
A motion was made by Councilperson Nolte and seconded by Councilperson Salino that the Town
Board of the Town of Danby approves the Town Clerk ' s December 2006 report as submitted
A roll call vote on the motion resulted as follows :
B eavers Aye
Nolte Aye
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
APPROVAL OF WARRANTS
General Fund Warrant No. 1 of 2007
A motion was made by Councilperson Beavers and seconded by Supervisor Dietrich that the Town
Board of the Town of Danby approves the General Fund Warrant No . 1 of 2007 in the amount of
$ 5 , 743 . 01 vouchers 1 -21 .
A roll call vote on the motion resulted as follows :
B eavers Aye
Nolte Aye
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January 8 , 2007
Salino Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Highway Fund Warrant No. 1 of 2007
A motion was made by Councilperson Varona-Lacey and seconded by Councilperson Beavers that
the Town Board of the Town of Danby approves the Highway Fund Warrant No . 1 of 2007 in the
amount of $2, 831 . 38 vouchers 1 -3 .
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 Water District Fund Warrant No. 1 of 2007
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 2007 in the Amount of $242 . 80 voucher number 1 .
ADJOURNMENT
On a motion the meeting adjourned at 8 : 40 p .m .
arol W. Scze p an ' , Town Clerk
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