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TOWN OF DANBY
TOWN BOARD MINUTES
ADJOURNED MEETING OF JUNE 9 , 1999
JUNE 14, 1999
PRESENT :
Supervisor Kenneth Horst
Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Attorney John Barney
Patti Van de Bogart - Heating Consultant
Supervisor Kenneth Horst called the meeting to order at 6 : 00 p . m. and announced that this is a
continuation of a Special Meeting of the Board that was held on June 9 , 1999 .
Motion to Move to Executive Session :
A motion was made by Councilperson Inman and seconded by Councilperson Steiner to move to
executive session to discuss possible litigation matters with the Town Attorney.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
The Board moved to executive session .
ADJOURNMENT :
The Board adjourned from executive session at 7 : 00 p . m . to enter into a regularly scheduled Town
Board Meeting .
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Carol W . Scze y. n •. i , Town Clerk
agmt-6- 14 . 99
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June 14, 1999
TOWN OF DANBY
TOWN BOARD MINUTES
JUNE 14 , 1999
7 : 00 P .M.
Regular Meeting
PRESENT:
Supervisor Kenneth Horst
Councilpersons : Joel Gagnon, Edward Inman, Howard Steiner, Naomi Strichartz
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Attorney John Barney
William Hall - Highway Superintendent
Members of the Public :
Jared Schott, Sue Howe, Bob & Elizabeth Roe , Eileen Wright, Dorothy & Willard Daetsch, Steve
Saraydar, Scott Machinist, Ames Brown, Edw. M . Roberts , Mary Oltz, Susan Hautala, Esther
Dotson, Margaret Shepard .
•
Supervisor Kenneth Horst called the meeting to order at 7 : 00 p . m . and led all present in the Pledge
of Allegiance to the American flag .
ADDITIONS TO AGENDA :
Discussion of highway department radios
FEMA discussion
Supervisor Horst requested that the Draft Proposed Comi Telecommunications Local Law review
be moved to the top of the Agenda.
Motion to Move Draft Telecommunications Local Law Review to First Item on the Agenda
A motion was made by Councilperson Inman and seconded by Councilperson Strichartz to move the
Comi Draft Telecommunications Local Law review to the first item on the Agenda.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Comi Wireless Telecommunications Local Law Review :
The Town Board reviewed and amended the Draft Wireless Telecommunications Local Law. The
proposed changes as recommended by the Planning Board and the Town Attorney were reviewed
and revised the draft .
Motion to Regulate Only Mobile Telephone Services
A motion was made by Councilperson Steiner and seconded by Councilperson Inman to regulate
only mobile telecommunication towers .
A roll call vote on the motion resulted as follows :
Gagnon Nay
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried
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June 14, 1999
Motion to Approve Section 9 Part B As Modified
A motion was made by Councilperson Inman and seconded by Councilperson Steiner to approve of
the modified language in Section 9 (pg. 12 ) section B .
A roll call vote on the motion resulted as follows :
Gagnon Nay
Inman Aye
Steiner Aye
Strichartz Nay
Horst Aye Carried
Page 17 - fee ' s consultant and application fees
Motion to Modify Application Fees
A motion was made by Councilperson Gagnon and seconded by Councilperson Steiner to modify
the fees as follows : $7, 500 escrow deposit fee, with the variable fees for Town expense to be covered
by the escrow. $ 1 ,000 application fee, $ 500 for a collocation or modification of existing towers, and
a fee of $200 for recertification.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Motion to Accept Changes to the Proposed Local Law and to Set Public Hearing Date
A motion was made by Councilperson Steiner and seconded by Councilperson Inman to accept the
draft local law as modified by the Town Board relating to regulating the siting of wireless
telecommunicatons facilities and to set a public hearing date of Wednesday, July 7 , 1999 at 7 : 00
p . m . .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
PRIVILEGE OF THE FLOOR
Town Clerk Carol Sczepanski reported to the Board that she has completed her 10th year and
received a certificate of annual training from the New York State Town Clerks Association. As
president of the Tompkins County Town Clerks Association she has received a certificate from the
New York State Town Clerks Association for the 100% enrollment of the Tompkins County Town
Clerks . She reported she is concerned by the events and activities that are approved for the use of
the Town Hall building. She understands that there is a need for community events but the meeting
room is not completed and not child proof at this time .
Steve Saraydar - 229 Bald Hill Road submitted a memo to the Town Board regarding a request for
a reduced speed limit on Bald Hill Road between the intersections of Lieb Road and Comfort Road .
He asked the Town Board to make a formal request to Tompkins County so that the State
Department of Transportation can make a formal request for a speed test of the area.
County Representative Report - The Town Clerk reported that Representative Frank Proto was
unable to attend the meeting but wanted to thank the Town Board and the members of the Library
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June 14, 1999
Committee who met last month in Danby . The meeting was very informative and useful he feels the
committee received very useful information about the Danby Reading Room .
Liz Roe - 1820 Danby Road - reported that she lives on 96B and supports efforts to reduce speeding.
Susan Hautala - Town Historian reported that the Bicentennial Committee worked very hard to
raise money to erect a bandstand on the Town Hall property. The committee also has received a
grant from Tompkins County for matching funds to help pay for the bandstand . We can begin
building the bandstand as soon as permission for a variance from the Board of Zoning Appeals and
the site plan approved by the Planning Board so that a building permit can be obtained . The
Committee would like to present the bandstand to the Town of Danby to remain on the Town Hall
property .
The Town Supervisor reported the following :
1 ) Award from Historical Society - The Town of Danby has received an award of merit from
Historic Ithaca for planning and reuse of historic resources .
2) Town Investments - Tompkins County Trust offers a CD type of investment that the Town can
make withdrawals . He has invested funds from the checking accounts for this form of investment
although the interest is a little lower that short and medium term CD ' s .
REPORTS :
Tompkins County EMC
Bob Roe reported that the Tompkins County EMC met on June 9, 1999 and reported the following : .
1 ) There is a Wetlands Banking Program being proposed for New York State . This is important to
Danby as we have 4,959 acres of Unique Natural Areas in Danby and much of that are wetlands and
may affect the Town in terms of future planning . The State is also developing water standard
quality for wetlands . 2) Workshops are going to be available from the Department of State on
training Town Board members for SEQR review .
Bob presented the Board with a proposed resolution of support for the Town Board to consider
regarding the structure of the Tompkins County Environmental Management Committee so that
individual municipalities will have representation on the Committee .
Community Council Report
Eileen Wright reported that Community Council Programs have been lined up through July and
August. They are requesting permission from the Town Board to use the Town Hall facility for a
country dance on July 17 , 1999 . There was a cleanup at Jennings Pond that past weekend and more
volunteers are needed for this Saturday . The Danby Area News will publish a four (4) page report
of the Danby Residents Survey as requested by the Planning Board .
Highway Report :
Highway Superintendent William Hall reported that there are problems with some of the radios and
equipment. The old crystal radios need to be replaced due to a change in frequency. He needs a new
base radio , three radios for the truck and one portable unit . The estimated cost for radios and
necessary equipment is approximately $ 3 ,200 .
Approval to Spend Highway Funds
The Board reviewed and signed the Town of Danby Highway Agreement Spend Highway Funds
submitted by the Highway Superintendent and dated April 12 , 1999 .
Motion to Extend Board Meeting
A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to extend
the Board meeting to 10 : 00 p . m .
Carried
FEMA Reimbursement:
The Highway Department submitted a FEMA 1998 Project Site Plan Status for the Board to review
The Board discussed the plans and estimated cost to complete highway projects for 1999 .
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June 14, 1999
RESOLUTION NO . 41 OF 1999
TRANSFER OF HIGHWAY FUNDS
By Councilperson Gagnon : Seconded by Councilperson Inman
WHEREAS, the Town has received a reimbursement for expenses from damage to Updike Road,
and
WHEREAS, the funds were deposited in a Revenue Account Other Compensation for Loss and
DA2691 , now be it
RESOLVED , that the Town Board of the Town of Danby approves the transfer of $230 .42 from
Account Other Compensation for Loss to account No . DA5110 . 100 and $ 647 . 97 from Account No .
DA2691 to Account No . DA5110 . 400 .
A roll call vote on the Resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO. 42 OF 1999
TRANSFER OF HIGHWAY FUNDS
By Councilperson Steiner : Seconded by Councilperson Inman
WHEREAS , the Town Board of the Town of Danby on April 12 , 1999 approved the purchase of
a copier for the Highway Department in the amount of $ 1 , 195 . 00 , and
WHEREAS, the Board designated that part of the cost to purchase the copier be charged to Account
No . DA5010 . 200 , now be it
RESOLVED , that the Town Board of the Town of Danby approves the transfer of $ 319 . 47 from
Account No . A5132 . 400 to Account No . A5010 . 200 .
A roll call vote on the Resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
RESOLUTION NO. 43 OF 1999
PERMISSION TO SCRAP HIGHWAY DEPARTMENT TRUCK NO . 40
By Councilperson Gagnon : Seconded by Councilperson Inman
WHEREAS , The Town Highway Superintendent has requested permission to scrap the Danby
Highway Department Truck No . 40, now be it
RESOLVED, that the Town Board of the Town of Danby authorizes the Town Highway
Superintendent to scrap the Highway Department Truck No . 40 .
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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June 14 , 1999
Planning Board Report :
Robert Roe reported that the Planning Board met on Wednesday, June 16 , 1999 and reviewed a
proposal for a convenience store to be located at the corner of Brown Lane and NYS Rte . 96B . The
also reviewed the information for the agriculture unit for the comprehensive plan. Members of the
Planning Board attended an information gathering seminar in Syracuse on the proposed Department
of Conservation Master Than for State Forest Lands .
Flood Mitigation Committee :
Robert Roe reported that he is Chair of the Flood Mitigation Committee and they are now reviewing
the proposals for funding assistance .
Pond Committee Report :
Councilperson Strichartz reported that volunteers met last Saturday and cleaned the pond . Tompkins
County Community Services also helped with the cleanup of the swimming area. The picnic tables
will be painted this next weekend . They have extended an invitation to Town Board Members to
come and help with the cleaning and painting .
Motion to Extend Meeting:
A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon at 10 : 00
P .M . to extend the Board meeting to 10 : 30 P . M .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Nay
Strichartz Aye
Horst Aye Carried
Motion to Postpone Town Hall Facility Open House
A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to postpone
the Town Hall Open House to an indefinate later date when the Town Hall is ready .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Supervisor Horst reported that he has applied to Tompkins County for funding in the amount of
$ 1 ,000 that is available to municipalities for celebrations .
MUNICIPAL REPRESENTATIVES TO THE EMC
RESOLUTION NO . 44 OF 1999
OPPOSITION OF PROPOSAL TO CHANGE METHOD OF SELECTING MUNICIPAL
REPRESENTATIVES TO THE ENVIRONMENTAL MANAGEMENT COUNCIL (EMC)
By Councilperson Steiner : Seconded by Councilperson Strichartz
WHEREAS , Environmental issues directly affect the quality of life of residents of the Town of
Danby, and
WHEREAS, Environmental issues are important to municipal planning and often require
intermunicipal coordination, now be it
RESOLVED, that the Town Board of the Town of Danby strongly opposes any changes in the
organization of representation on the Tompkins County Environmental Management Council . Such
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June 14 , 1999
changes would infringe on the ability of the Town Board of the Town of Danby to select a municipal
representative and would effectively disenfranchise the municipality on that advisory 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 . 45 OF 1999
ACCEPTANCE OF TOWN HALL BANDSTAND
By Councilperson Steiner : Seconded by Councilperson Inman
WHEREAS , Susan Hautala, Chairperson of the Danby Bicentennial Committee , has , with the
Committee, raised funds and received a matching grant from the Tompkins County Commercial
Center Revitalization Program to construct a bandstand on the Town Hall property, and has
requested that the Town Board accept the bandstand as Town property once it is constructed, now,
therefore it is
RESOLVED, that the Town Board of the Town of Danby hereby accepts the bandstand as Town
property once it is constructed, subject to the granting of an area variance related to setbacks for the
bandstand by the Board of Zoning Appeals, and subject to the granting of a Special Permit for the
bandstand by the Planning 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. 46 OF 1999
RESEARCH FOR HEATING SYSTEM OF THE TOWN HALL FACILITY
By Councilperson Inman : Seconded by Councilperson Strichartz
RESOLVED, that the Town Board of the Town of Danby to ask Patti Van de Bogart of Wheaton ' s
Sheet Metal to continue with research of the Town Hall heating system for options regarding the
performance of the heating system of the Town Hall facility .
A roll call vote on the Resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Approval for Use of Town Hall Facility for Old English Dance
A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon to approve
the use of the Town Hall Facility on Saturday, July 17 , 1999 at 7 : 00 p . m . by Community Council
for an Old Country Dance .
Discussion :
Councilperson Strichartz reported that the group that performs the country dances would like to serve
food before the activity.
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June 14 , 1999
Code Enforcement Officer reported that she is concerned that she is not informed of activities and
events for the use of the building before they are scheduled or at Board meeting . She is requesting
that her office be informed in advance of activities that are planned to take place at the Town Hall
facility . She would not like to see pot luck foods served or any great use of the water . The water
has not been approved for drinking.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Abstained
Strichartz Aye
Horst Aye Carried
RESOLUTION NO . 47 OF 1999
CONSOLIDATION OF TOWN HALL PROPERTIES
By Councilperson Gagnon : Seconded by Councilperson Inman
WHEREAS, the Town of Danby Town Facilities property consists of three (3 ) adjoining properties,
Town of Danby Tax Parcels No . 10 . - 1 -22 , 10 . - 1 -23 and 10 . - 1 . 24 , now be it
RESOLVED , that the Town of Danby Town Board requests the Tompkins County Division of
Assessment to perform a tax search for consolidation of the Town of Danby Tax parcels No . 10 . - 1 -
22 , 10 . - 1 -23 , and 10 . - 1 -24 .
A roll call vote on the Resolution resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Thank you to Robert B . Howe and the American Legion Post No. 221
A motion was made by Councilperson Inman and seconded by Councilperson Strichartz for the
Town Clerk to send a letter of thanks to Robert B . Howe and the American Legion Post No . 221
fir the POWMIA flag and staff that was donated an installed on the Town Hall building.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Horst Aye Carried Unanimously
Request for Funds to Purchase Highway Department Radio Equipment
Motion to Transfer Funds to Purchase Highway Department Radio Equipment
A motion was made by Councilperson Steiner and seconde&by Supervisor Horst to transfer $2 , 500
from Contingency Account No . A1990 . 400 into Highway Account DA5112 . 200 for the purchase of
up to three radios .
A roll call vote on the motion resulted as follows :
Gagnon Nay
Inman Nay
Steiner Aye
Strichartz Nay Motion Failed
Horst Aye
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June 14 , 1999
APPROVAL OF WARRANTS
General Fund Warrant No. 6 of 1999
A motion was made by Councilperson Strichartz and seconded by Councilperson Inman to approve
the General Fund Warrant No . 6 of 1999 voucher numbers 237 - 276 . in the amount of $ 10 , 512 .26 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Abstained
Strichartz Aye
Horst Abstained Carried
Councilperson Steiner abstained approval as he has not had the opportunity to audit the vouchers .
Supervisor Horst abstained approval due to conflict with voucher No . 263 submitted by Danby
Community Council that included deductions for donations accepted at concerts and receipts not
attached .
Highway Fund Warrant No. 6 of 1999
A motion was made by Councilperson Inman and seconded by Councilperson Gagnon to approve
the Highway Fund Warrant No . 6 of 1999 voucher numbers 88 - 101 in the amount of $25 , 024 . 08 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Abstained
Strichartz Aye
Horst Aye Carried
West Danby Water District Warrant No . 6 of 1999
A motion was made by Councilperson Gagnon and seconded by Councilperson Inman to approve
the West Danby Water District Warrant No . 6 of 1999 voucher numbers 16 - 18 in the amount of
4235 . 11 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Abstained
Strichartz Aye
Horst Aye Carried
Approval of Town Supervisor' s May 1999 Report
A motion was made by Councilperson Steiner and seconded by Councilperson Gagnon to approve
the Town Supervisor' s May 1999 report as submitted .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Inman Aye
Steiner Aye
Strichartz Aye
Carried Unanimously
Approval of Town Clerk' s May 1999 Report
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve
the Town Clerk ' s May 1999 report as submitted .
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June 14, 1999
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 : 00 P .M .
Carol W . Sczepa T
P own Clerk
min-6- 14 . 99