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HomeMy WebLinkAbout2013-12-16D 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
D e c e m b e r 1 6 , 2 0 1 3
Present:
Supervisor: Ric Dietrich
Councilpersons: Leslie Connors, Kathy Halton, Dan Klein, Dylan Race
Others Present:
Town Clerk Pamela Goddard
Bookkeeper Laura Shawley
Code Officer Sue Beeners
Public Garry Huddle, Rebecca M Brenner, Jim Holahan, Ronda Roaring
The Danby Town Board meeting was opened at 7:03pm
Privilege of the Floor
Roaring renewed her request for a moratorium on new building in the town. In her view the town
is in violation the town Comprehensive Plan. She expressed a concern about building permits and un-
monitored building taking place in the Town of Danby and stated that she was considering legal ac-
tion against the town.
Dietrich and Beeners refuted Roaring’s allegations of “illegal” building. Beeners maintained that
the monthly Code Enforcement reports and over all building statistics are correct. Beeners distributed
a report on building trends in the town with data from the 1999, 2000, and 2010 census and a sum-
mary of completed major construction, by year, from 2000 through 2013 as of Dec. 16.
Connors reported that concerns about increased development have been discussed by the Plan-
ning Board and included in their review of the Comprehensive Plan. Future Zoning Review is a prior-
ity for the PB.
Marsh Road Seasonal to Year Round Maintenance Request
There was continued discussion of the resident request that a section of Marsh Road be changed
from seasonal to year round maintenance. Code Officer Beeners informed the town attorney recom-
mended moving forward with scheduling a public hearing on this matter. The related local law states
that a public hearing on such a request be held within 30 days of the petition for road change.
Members of the board expressed their concern that adequate information was not yet available
and that scheduling such a hearing should be delayed. The town is still waiting for an accurate cost
estimate for the project. Shawley repprted for the Highway Department that this research is underway
and more information should be available soon.
Consideration of this matter was tabled until the Dec. 30 year end meeting.
Intent to Participate in the New York Rural Water Assoc. Water Protection Program
Beeners provided information about this program. Beeners hopes that the Rural Water Associa-
tion would be a useful resource for review and quick edits of the draft Danby Aquifer Protection Law.
The draft Aquifer Protection Law as been forwarded to the principal staff person in this program.
Halton reported a conversation with Todd Miller (of the USGS, who has drafted the Danby Aqui-
fer Study Report). Miller encouraged the town to engage the services of this program. While informa-
tion gathering has already taken place through the Aquifer Study, the staff involved with this program
are skilled in drafting policy and could further develop local water resource data. Meanwhile, the Aq-
uifer Study is still under peer review.
Town Board_Minutes_20131216 • Sunday, January 5, 2014 Page 1 of 5
It was confirmed that there is no cost to the town to participate in this program. Beeners encour-
age the town board to facilitate a working committee to work on this project. There was a brief dis-
cussion of people who might have the time and inclination to participate.
RESOLUTION NO. 106 OF 2013 - INTENT TO PARTICIPATE IN THE NY RURAL WATER ASSOCIATION SOURCE WA-
TER PROTECTION PROGRAM
Whereas, the Town of Danby’s comprehensive planning has long valued the critical importance of water
resources; and
Whereas, the Town partnered with the U.S. Geological Survey and Tompkins County in a study of the Upper
Buttermilk Creek/Danby Creek Aquifer, which study is nearing completion; and
Whereas, the Town needs to further develop its water resources planning and management strategies in order
to protect drinking water resources for Town of Danby residents and for residents of adjacent communities within
shared watersheds; and
Whereas, the New York Rural Water Association’s Source Water Protection Program can provide technical
assistance at no charge to rural and small communities for the development and implementation of local source
water protection plans designed to prevent the deterioration of water resources used for drinking water; and
Whereas, development of a source water protection plan typically involves the following steps: defining water
supply resources to be protected; identifying potential threats to the quality and quantity of these resources;
recommending and implementing measures to reduce threats; and planning for the future, including for water
supply emergency events; and
Whereas, NYRWA’s Source Water Protection Specialist could work with a planning team at the Town to ensure
that the completed source water protection plan would reflect local community needs; Now, Therefore, it is
Resolved, that the Town of Danby intends to participate in the New York Rural Water Association’s Source
Water Protection Program.
Moved by Klein, Second by Race. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
Aquifer Protection Law
There was a related discussion about moving the draft Aquifer Protection Law forward. The next
step would be to send the draft law to the town attorney for review. Major changes have been made
since the previous review by the town attorney. These changes are based on other municipal laws,
particularly that from Big Flats New York.
RESOLUTION NO. 107 OF 2013 - LEGAL REVIEW - AQUIFER PROTECTION LAW
Resolved, that the Town Board of the Town of Danby authorizes review of a Draft Local Law amending the
Zoning Ordinance by creating an Aquifer Protection overlay zone by the town attorney.
Moved by Klein, Second by Connors. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
Setting January 2014 Organizational Meeting
There was continued discussion regarding when to schedule the January Organizational Meeting.
Clerk Goddard cited a reference to guidelines presented by the Association of Towns on Organiza-
tional Meetings, that this meeting shall take place “during the first few weeks of January.”
There was agreement to hold the meeting at the usual time on Monday, January 13, 2014 in order
to accommodate at council members.
Town Board_Minutes_20131216 • Sunday, January 5, 2014 Page 2 of 5
Budget Review
Shawley gave a report about the status of various budget lines in the General Fund. A few ac-
counts had gone over budget. Shawley recommended budget transfers, from “Unallocated Insurance”
as shown in Resolution No. 108. Shawley explained the reasons for each budget overdraw; eg: the
$1,200 for Supervisor Contractual was to cover staff training from the Community Dispute Resolu-
tion Center, new lifeguards for the pond program required training, extra mowing at the pond and
cemeteries, etc.
There were questions from the board as to whether these over budget items were one time events
or whether the town has been under budgeting for things such as mowing. Shawley responded that the
budget for mowing and for Dog Control has been increased for 2014. Dietrich advised the board that
money will need to be put aside for a dog enumeration, required in the next few years.
Funds in various budget lines in the Highway Fund were still in flux, due to winter snow removal
and road maintenance.
RESOLUTION NO. 108 OF 2013 - BUDGET TRANSFERS FOR NOVEMBER 2013
Whereas,the budget serves as a guide for expenditures made by the Town and, when the amount of
expenditures in any one expense account exceeds these guidelines, the Town Board must approve a budget
transfer from one expense account to the deficit account; Now, Therefore, it is
Resolved, that the Town Board of the Town of Danby approves the following budget transfers be made on
November, 2013 financial records:
General Fund:
Transfer from A1910.400 Unallocated Insurance $6,400.81
Transfer to A1220.400 Supervisor Contractual $1,200.00
Transfer to A3510.400 Control of Dogs $2,545.20
Transfer to A7150.100 Pond Program - Lifeguards $216.00
Transfer to A7150.400 Pond Program - Contractual $723.00
Transfer to A8020.400 Planning/BZA Contractual $846.00
Transfer to A8810.400 Cemeteries Contractual $870.00
Transfer from A7510.400 Historian $264.65
Transfer to A7620.400 Senior Citizens $264.65
Moved by Race, Second by Halton. The motion passed.
In Favor: Connors, Halton, Klein, Race, Dietrich
Creation of Budget Reserves
There was a preliminary discussion about the creation of reserve accounts from budget surpluses.
Shawley made some suggestions and presented information/projections of year end budget figures.
The town is in a good position due to several factors, such as an increase in mortgage tax income.
Shawley suggested that the board read over the material and think about what they would like to
do at the year end meeting. Carl Seamon has requested that an addition be made to the Building Re-
serve for a new roof at the highway barns. The Highway Department would also like to set up a new
reserve account for maintenance and replacement of the cover over the salt shed.
Shawley made a suggestion that, rather than setting up a new reserve account, a Cemetery Ac-
count be established within the Community Development Fund. This would provide easier access to
funds for small projects.
Town Board_Minutes_20131216 • Sunday, January 5, 2014 Page 3 of 5
Proposed Amendment to Employee Handbook - Holiday Pay
Beeners presented a suggestion for a revision to the Employee Handbook, correcting what she
saw as a discrepancy between benefits stated for part-time employees being eligible for sick leave and
vacation pay but not for Holiday Pay. Beeners proposed some revised language which would make
holiday pay consistent with vacation pay and sick leave. Such pay would be pro-rated for part-time
employees, based on the normal days that the employee works. Beeners reported that the County de-
partments compensate their part-time permanent employees in this fashion, as do the towns of Dry-
den, Ulysses, and Ithaca.
There was a discussion of when and how the town could make the change. Clerk Goddard sug-
gested that this be done as part of the Organizational Meeting, as that meeting is intended as a time to
amend policies. Additional discussion to be held at time of Organizational Meeting.
Danby has at least two part-time permanent employees, not including highway employees. Com-
pensation for holiday pay has not been consistent, as the policy has not been clear. Members of the
board suggested that these employees be compensated for the year end holidays, in advance of for-
mally adopting a revision to the Employee Handbook.
Deputy Supervisor
Dietrich initiated a discussion regarding the appointment of a new Deputy Supervisor. He ex-
pressed his concern that there is not, currently, a backup person with signatory rights on the town fi-
nancial accounts. This could be a legal liability. The position will need to reappointed, once Dan
Klein serves on the county legislature.
There was a discussion of the role and duties of a Deputy Supervisor. Dietrich stated that these
are beyond budgetary duties. The Deputy Supervisor also acts as chair for town board meetings, in
the absence of the town supervisor. This person is also needed in times of an emergency, should the
town supervisor be incapacitated. Appointment of this position is made at the pleasure of the Town
Supervisor. The definition/description of duties as stated in NYS Town Law will be distributed to the
council members.
Those who have expressed interest and willingness to serve as Deputy Supervisor include Re-
becca Brenner and Ted Jones. Neither Jim Holahan nor Leslie Connors are interested in the position.
Dietrich asked for feedback from the board about making this appointment. There was an expression
of support for Ted Jones, as having experience in the position and experience with financial matters in
the town. A contrasting expression of support was given for the Deputy Supervisor to be appointed
from the elected officials.
2014 Board/Committee Appointments
Dietrich provided an opportunity for the outgoing board to let the incoming board know what
background and concerns there have been which might influence the selection of new board and
committee appointments in 2014. Clerk Goddard gave an overview of applications which have come
in for various Town of Danby board and other appointments. There have been two formal applications
for the Planning Board vacancy and at least one other person has expressed interest. The outgoing
BZA representative has expressed interest in serving another term, the current town historian has pre-
sented a formal application to be reappointed, representatives on the Conservation Advisory Council
have made applications to be reappointed. Asher Hockett has made a formal resignation from the
Youth Partnership council. Ted Jones and Jack Miller have made formal applications to be appointed
to the upcoming town board vacancy.
Ice Cream Stand
Beeners gave an update on the status of this proposed project. Thanks, in part to the input from
the board, it has been determined that this request may be reviewed and potentially approved by Spe-
cial Permit under “Other Uses.” The Planning Board has a hearing on this request scheduled for Janu-
ary 16. The project, if approved, will require a hearing before the Board of Zoning Appeals for a vari-
Town Board_Minutes_20131216 • Sunday, January 5, 2014 Page 4 of 5
ance for the parking area. There is no need to re-zone the parcel. The Special Permit would be spe-
cific to the applicant.
Zoning Ordinance/Subdivision Consideration
A memo from Code Officer Beeners, describing a specific situation, was circulated to the board.
This is related to a parcel on Nelson Road which has been split into several lots. Beeners further ex-
plained the conditions under which the town may or may not specify the limits of future subdivisions
on a piece of property and the history of these conditions.
Beeners stated that Section 600 (4), “Number of Lots Allowed” in the Zoning Ordinance is not
intended to use in assigning lot entitlements to lots created by Land Division Permit. She used an ex-
isting case to illustrate this point. Beeners advised the board that this is not an issue which needs ac-
tion. The information provided is to inform the board of “one paragraph glitch” in the zoning ordi-
nance that should be revisited at some point.
Adjournment
The Meeting was adjourned at 8:50 pm.
____________________________________
Pamela Goddard, Town Clerk
Town Board_Minutes_20131216 • Sunday, January 5, 2014 Page 5 of 5