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1 Town Board Minutes
February 12 , 2001
TOWN OF DANBY
TOWN BOARD MINUTES
FEBRUARY 12 , 2001
PRESENT :
Supervisor Edward Inman
Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Guests :
Kate Hackett - Tompkins County Planning Department
Craig Schutt - Tompkins County SWCD -903
Members of the Public :
Roy and Mary Casterline , Willard T. Daetsch, Dan Higgins, Robert Roe, Ken Wolga
Following interviews of candidates interested in serving on the Board of Zoning Appeals Supervisor
Edward Inman called the meeting to order at 7 : 15 p.m. and led all present to the Pledge of Allegiance
to the American flag .
Addition to the Agenda :
Tompkins County Telecommunications Proposal Update was added under Reports .
COMCAP (Communications Capital Projects) - Update added under Reports
PRIVILEGE OF THE FLOOR:
Councilperson Varona-Lacey suggested that the Town cleaning up the Old Town Barn building and
flooding an area at the Old Town Barns for a community skating area. It would be a way of bringing
people together in the community. It is something we could consider for the coming year .
The Town Clerk Carol Sczepanski reported that the first installment of the 2001 Town and County
Taxes have been returned to the County. There were approximately 50 additional payments this year
in installments . Many residents expressed concern about the increase in their taxes due to the increase
in County Assessments .
Members of the Public :
Willard Daetsch - 1344 Danby Road - reported that there is not a representative here tonight from
Community Council due to the training session at United Way.
Supervisor Inman repoted on COMCAP ( Community Capital Projects) and that several
municipalities have written letters to the County concerning their desire to be involved agencies in
the decisions for the Proposed County Telecommunication System. COMCAP recognizes that we
are an interested agency but not an involved agency. Funding by the Town would be necessary to
supply the Highway Department and Fire Department trucks with radios . Radios would be a big
expense for us and we feel we are an involved agency.
Councilperson Gagnon said that he has contacted our Town Attorney and asked for a legal opinion
as to whether the Town or a body were to try to assert the point that the Towns belong as involved
agencies whether or not they would have any probability of success . The Attorney suggested that
the Town use the political arena as opposed to the legal arena to make our point.
Supervisor Inman said that Barbara Blanchard will work with the Planning Boards of the Towns . The
communication site placements have not been completed at this time. They were not able to supply
the Towns with anything concerning the SEQR or a refined outline at this time . They said they would
not apply for permits but are willing to talk with us . Their options are that they can build their own
system or join the State Program or blend them both . The State communication system will be
completed in approximately two (2) years .
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February 12 , 2001
Interest on Town Accounts for 2000
Supervisor Inman reported that he has received the Year 2000 Statement from TCTC and the Town
received $ 30 , 650 .25 in interest from investments .
REPORTS :
Planning Board Report:
Susan Beeners reported that the regular meeting of the Planning Board will be February 15th and they
will hold a Public Information Meeting on March 1 , 2001 at 7 : 30 P . M .
Code Enforcement Report:
Code Enforcement Officer Susan Beeners reported that the proposed zoning changes is progressing
and at the March meeting the Board should receive the SEQR for the two proposed zoning changes .
The proposed changes need to be referred to the Planning Board for review as they have not made
a recommendation at this time. Within the last eleven years there were 119 housing starts in the low
density zones and that excludes Fieldstone Circle and Olde Towne Village . Twenty- six percent (32
of the housing starts) were on lots of less than two acres .
EMC Report:
The EMC held their organizational meeting in January and there was no meeting in December. The
slate of officers was reconfirmed for the year 2001 . The only significant business on the Agenda was
the review of replacement of the Southwest Park Development.
Danby Community Council :
Willard Daetsch reported that the Danby Community Council held their organizational meeting and
have formed a Youth Committee. The Youth Committee will focus on events for younger children
and families .
iiDanby Senior Citizens :
Carol Sczepanski reported that the Danby Senior Citizens met on February 1 , 2001 and the
entertainment was provided by the Ayers Family and Harry the manikin. The next meeting will be
at Longview with a tour and a buffet luncheon.
Tompkins County Planning Session :
Councilperson Gagnon reported on a Tompkins County Planning Session held on January 20 , 2001 .
The focus of the workshop was development of a future land use map for the County. The workshop
was attended by representatives from agriculture , development, education, youth, and officials from
County municipalities. He reported that the focus of the workshop was to develop a vision of what
you would like the County to look like in fifty (50) years based on growth in population and services .
NEW BUSINESS :
RESOLUTION NO .25 of 2001
APPOINTMENT OF THE TOWN OF DANBY HISTORIAN.
By Councilperson Nolte : Seconded by Councilperson Strichartz
RESOLVED, that the Town Board of the Town of Danby appoints Don Fenton of 1380 Coddington
Road, Brooktondale , New York 14817 as Town of Danby Historian .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
t Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO . 26 of 2001
AUTHORIZATION FOR SUPERVISOR TO SIGN COMMUNITY COUNCIL
AGREEMENT - 2001
By Councilperson Strichartz : Seconded by Councilperson Nolte
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February 12 , 2001
RESOLVED , that the Town Board of the Town of Danby authorizes the Supervisor to sign the
Community Council Agreement for the year 2001 a copy of which is attached and part of this
resolution.
Community Council
Agreement - 2001
This agreement is made this 12th day of February, 2001 between the TOWN OF
DANBY with offices at 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the
"Town") and DANBY COMMUNITY COUNCIL, whose address is 1830 Danby Road, Ithaca, N . Y .
14850 (hereinafter referred to as the "Contractor") .
The Town and Contractor agree as follows :
1 . Services to be Performed . Contractor agrees to perform the following services for the
Town :
a. Provide programs and services for youth and families including job and job training
opportunities for Danby youth and a public access computer facility, and social events
for the community ;
b . Provide community programs such as concerts, dances , cultural and other
programs ;
c . Publish and distribute a town news flyer no less than ten ( 10) issues in 2001 ,
published according to Town Law # 116 ( 13 ) and New York State Comptroller
Opinion 94- 5 , distributed to the Post Office no later than the 30th of the month, and
in accordance with the guidelines attached ;
d . Provide community and social events for the West Danby community
cosponsored by the West Danby Community Association;
e . Provide phone service and administration support as needed .
2 . Fees . The Contractor shall be paid the following sums for each of the above services ;
a. Programs and services for youth and families -- $6255
b . Community programs- $2300
c . Town news flyer -- $4800
d . West Danby Association -- $ 335
g . Phone and administrative support -- $700
Any amount not expended during the contract year will not be rolled over in the absence of
consent of the Town Board .
3 . Term of Agreement : The term of this Agreement shall be from January 1 , 2001 , to
December 31 , 2001 , unless earlier terminated by either party . Notwithstanding the term set forth
above , this Agreement may be terminated in part or in whole by either party at any time for any
reason or for no reason upon three days prior notice to the other party . This Agreement may be
terminated immediately by either party upon the breach of any of its terms by the other party . In the
event of termination by the Town, the Town shall pay for those portions of the services rendered
prior to the date of termination .
4 . Quality of Work. The services shall be performed diligently and in proficient and efficient
manner. Contractor will provide responsible, properly trained, certified (where required) and
knowledgeable personnel to perform Contractor' s services to the Town. To the extent the
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February 12 , 2001
reimbursement for services pursuant to this contract is based upon hourly rates for Contractor' s
employees or providers, Contractor certifies that the time expended shall be reasonable for the
services performed and the Town shall not be billed for any time that is not productively used to
accomplish the work for the Town.
III
5 . Payment for Services .
a. Payment for services shall be submitted on the standard Town voucher which will
list the services and activities , the dates on which performed or supplied, and, if
applicable, the time spent on each indicated date for which the Town is being billed .
Unless otherwise agreed, the vouchers shall be submitted monthly on the first of each
month covering services for the preceding month, and the Town will review same and,
if acceptable pay for the services after submission of the vouchers to the Town board
and approval of same by the Board.
b . Alternate Procedure . Contractor may supply the Town with a detailed schedule
of projected expenditures within a service category. The Town may, at its sole
discretion, prepay some of all of the projected expenditures . Any monies not used for
the intended purpose shall be immediately returned to the Town, and if not returned,
may be deducted from any future payment .
6 . Relationship . The Contractor is, for all purposes (including, without limitation,
withholding of income tax , payment of workman' s compensation, and payment of FICA taxes) an
independent contractor and no employer-employee relationship is intended, implied or created by this
Agreement. Contractor shall be free to devote such portions of its time not required for the
performance of services to the Town in such manner as Contractor sees fit and for such other
persons , firms, or entities as Contractor deems advisable provided that such other services do not
NI constitute a conflict of interest with interests of the Town.
7 . Contractor ' s Insurance . Contractor shall provide and maintain insurance coverage for
public liability covering Contractor and the Town, its officers, agents, and employees, from and
against all suits, claims, loss, liability, or expense (including costs and reasonable attorney ' s fees) by
reason of any liability imposed upon the Town or any or all of the foregoing persons for damages
because of any injury and death, or because of any property damage, including loss of use thereof,
resulting from any conditions of the premises for which reimbursement is being made to the
Contractor under this agreement. The amount of the policy shall be at least $ 500 ,000 aggregate
limits or in such other amounts as the Town may reasonably require . The Town shall be named as
an insured on such policy . The policy may, at the Town' s option, be reviewed by the Town ' s
insurance counsel to determine whether it adequately protects the Town and the Contractor shall
comply with any reasonable requirement of the insurance counsel . It is understood and agreed that
the Contractor shall be primarily liable , and Contractor ' s insurance company shall be the first to
respond in the event of any personal injury, property damage, or loss of life arising out the negligence
or willful wrongful act of Contractor, or in any way arising out of or related to , any activities or
services by Contractor under this contract .
8 . Contractor May Not Assign. This Agreement may not be assigned by the Contractor
without the previous written consent of such assignment from the Town, which consent may be
withheld entirely at the discretion of the Town, it being understood that the Town is making this
Agreement personally with the Contractor and is not intending that it be performed by any other
person or entity.
9 . Binding Nature of Agreement. The Agreement is binding upon the parties, their respective
successors and when assignment is permitted, assigns .
10 . Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York,
and shall be construed under the laws of the State of New York. Both parties consent that if any
action is brought to enforce this Agreement, it shall be brought in Supreme court in Tompkins
County, New York, and both parties consent to the jurisdiction of each court.
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February 12 , 2001
11 . Notices . Any notices or other communications given under or in relation to this
Agreement shall be deemed duly given if served personally upon the other party at the address set
forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at
the address set forth above . Either party may change the address to which notices are sent by giving
notice of such change in the manner set forth above to the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
above written .
TOWN OF DANBY
By
Edward Inman, Supervisor
DANBY COMMUNITY COUNCIL
By
Eileen Wright, President
Guidelines for Town News Flyer
[Danby Area News]
Because the Danby Area News is largely subsidized by the taxpayers of the Town of Danby, the
content of the publication must be restricted to prevent violation of laws governing permitted uses
of taxpayers monies . Accordingly, the content of the Danby Area News shall be limited to those
matters that are permitted in a publication by as Town pursuant to Town Law Sections 116( 13 ) and
64( 14) as interpreted by the Comptroller of the State of New York in Comptroller ' s Opinion 94 - 5 .
Generally this means the content of the publication is limited to reports relative to the "fiscal affairs,
official acts, programs and meetings of boards, commissions, departments and agencies of the Town"
(Town Law Section 116( 13 )), or articles advertising the advantages of the Town or promoting the
"general, commercial and industrial welfare of the Town" [subject to certain procedural restraints if
more than $ 3000 in annual costs of publication are to be incurred (Town Law Section 64( 14)) . The
publication may not "include articles by individual [s] . . .which set forth the individual positions and
opinions of particular [persons] ", or seek "to convey favoritism, partiality, partisanship , approval or
disapproval concerning an issue . " (Comptroller' s Opinion 94-5) . Accordingly, while lists of events,
including perhaps events that are other than government sponsored, may be included as promoting
the general, commercial and industrial welfare of the Town, individual articles or letters promoting
a particular cause (non-profit or otherwise) and political , religious, or other debates or expressions
of opinions, are not permitted.
cc-agrm. 0l 5
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO. 27 of 2001
AUTHORIZATION FOR SUPERVISOR TO SIGN SENIOR CITIZEN AGREEMENT - 2001
By Councilperson Strichartz: Seconded by Councilperson Varona-Lacey
RESOLVED , that the Town Board of the Town of Danby authorizes the Supervisor to sign the
Senior Citizen Agreement for 2001 a copy of which is attached an a part of this resolution.
DANBY SENIOR CITIZENS 2001
THIS AGREEMENT is made this 12TH of FEBRUARY 2001 , between the TOWN OF
DANBY with offices at 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the
"Town") and the DANBY SENIOR CITIZENS, whose address is c/o Gerald Catlin Sr. , 2361 West
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February 12 , 2001
Danby Road, Spencer, N . Y . 14883 (hereinafter referred to as the "Contractor") .
The Town and Contractor agree as follows :
1 . Services to be Performed . Contractor agrees to perform the following services for
the Town :
(a) Provide programs, including bus trips and other entertainment, for senior citizens .
(b) Provide liability insurance for programs
2 . Fees. The Contractor shall be paid the following sum for these services : The cost
of the services up to a maximum of Two Thousand Dollars (2 ,000 . 00) for calender year.
3 . Term of Agreement. The term of this Agreement shall be from January 1 , 2001 to
December 31 , 2001 unless earlier terminated by either party . Notwithstanding the term set forth
above , this Agreement may be terminated in part or in whole by either party at any time for any
reason or for no reason upon three days prior notice to the other party . This Agreement may be
terminated immediately by either party upon the breach of any of its terms by the other party. In the
event of termination by the Town, the Town shall pay for those portions of the services rendered
prior to the date of termination .
4 . Quality of Work. The services shall be performed diligently and in a proficient and
efficient manner. Contractor will provide responsible and knowledgeable personnel to perform
Contractor ' s services to the Town. To the extent the reimbursement for services pursuant to this
contract is based upon hourly rates for Contractor' s employees or providers, Contractor certifies that
the time expended shall be reasonable for the services performed and the Town shall not be billed for
any time that is not productively used to accomplish the work for the Town.
5 . Payment for Services . Payment for services shall be submitted on the standard Town
voucher which will list the services and activities, the dates on which performed or supplied, and , if
applicable, the time spent on each indicated date for which the town is being billed. Unless otherwise
agreed, the vouchers shall be submitted monthly on the first of each month covering services for the
preceding month, and the Town will review same and, if acceptable, pay for the services after
submission of the vouchers to the Town board and approval of same by the Board .
6 . Relationship . The Contractor is , for purposes of this contract (including, without
limitation, withholding of income tax, payment of workman' s compensation, and payment of FICA
taxes) an independent contractor and no employer-employee relationship is intended, implied or
created by this Agreement. Contractor shall determine the times and manner of performance of any
services for the Town hereunder consistent with the overall obligations for the work contemplated
by this Agreement. Contractor shall be free to devote such portions of its time not required for the
performance of services to the Town in such manner as Contractor sees fit and for other such
persons, firms , or entities as Contractor deems advisable provided that such other services do not
constitute a conflict of interest with the interests of the Town .
7 . Contractor' s Insurance. Contractor shall have provided by the Tompkins County Senior
Citizens Association insurance coverage for public liability covering Contractor and the Town, its
officers, agents, and employees, from and against all suits, claims, loss, liability, or expense (including
costs and reasonable attorney' s fees) by reason of any liability imposed upon the Town or any or all
of the foregoing persons for damages because of any injury to persons, including bodily injury and
death, or because of any property damage, including loss of use thereof, resulting from any conditions
of the premises for which reimbursement is being made to the Contractor under this agreement. The
amount of the policy shall be at least $ 500, 000 aggregate limits or in such other amounts as the Town
may reasonably require . The policy may, at the Town' s option, be reviewed by the Town' s insurance
counsel to determine whether it adequately protects the Town and the Contractor shall comply with
any reasonable requirement of the insurance counsel. It is understood and agreed that the Contractor
shall be primarily liable, and that the Contractor' s insurance shall be the first to respond, in the event
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February 12, 2001
of any personal injury, property damage, or loss of life arising out of the negligence or willful
wrongful act of Contractor, or in any way arising out of, or related to, any activities or services by
Contractor under this contract.
8 . Contractor May Not Assign. This Agreement may not be assigned by the Contractor
without the previous written consent to such assignment from the town, which consent may be
withheld entirely at the discretion of the Town, it being understood that the Town is making this
Agreement personally with the Contractor and is not intending that it be performed by any other
person or entity .
9 . Binding Nature of Agreement. This Agreement is binding upon the parties, their respective
successors and, when assignment is permitted, assigns .
10 . Governing Law Jurisdiction and Enforcement. This Agreement is made in New York,
and shall be construed under the laws of the State of New York. Both parties consent that if any
action is brought to enforce this Agreement, it shall be brought in Supreme Court in Tompkins
County, New York, and both parties consent to the jurisdiction of such court.
11 . Notices . Any notices or other communications given under or in relation to this
Agreement shall be deemed duly given if served personally upon the other party at the address set
forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at
the address set forth above . Either party may change the address to which notices are sent by giving
notice of such change in the manner set forth above to the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
above written.
Date Gerald Catlin, Sr. , President
Danby Senior Citizens
Date Edward Inman, Supervisor
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO. 28 OF 2001
INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY
PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER
By Councilperson Strichartz : Seconded by Councilperson Varona Lacey
WHEREAS, Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State
of New York, real property located in the Town of Danby, owned by one or more persons , each of
whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65
years of age or over, shall be partially exempt from taxation by said Town for the applicable taxes
specified in said Section 476 based upon the income of the owner or combined incomes of the
owners, and
WHEREAS, A person otherwise qualifying for such exemption shall not be denied such exemption
if such person becomes sixty-five (65 ) years of age after the appropriate taxable status date and
before December 31 , of the same year, now be it
RESOLVED, that the Town Board of the Town of Danby extend Graduated Income Tax Benefit
to Senior Citizens as set forth in the following schedule :
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Town Board Minutes
8 February 12 , 2001
ANNUAL INCOME OF OWNER PERCENTAGE ASSESSED
OR COMBINED ANNUAL INCOME VALUATION EXEMPT
OF OWNERS FROM TAXATION
Up to and including $ 19 , 500 . 00 50%
$ 19 , 500 or more but
less than $20 ,499 . 99 45 %
$20 , 500 . 00 or more but
less than $21 ,499 . 99 40%
$21 , 500 . 00 or more but
less than $22 ,499 . 99 35 %
$22 , 500 . 00 or more but
less than $23 , 399 . 99 30%
$23 ,400 . 00 or more but
less than $24,299 . 99 25 %
$24 , 300 or more but
less than $25 , 199 . 99 20%
$25 ,200 . 00 or more but
less than $26 ,099 . 00 15 %
it $26 , 100 . 00 or more but
less than $ 26 ,999 . 99 10%
$27 ,000 . 00 or more but
less than $27 , 899 . 99 5 %
and be it further
RESOLVED, that this partial exemption provided by this resolution shall, however, be limited to
such property and persons as meet the conditions, qualification, exclusions and limitations set forth
in Section 467 of the Real Property Tax Law of the State of New York, and be it further
RESOLVED, that application for such exemption must be made by the owner, or all of the owners
of the property on forms prescribed by the State Board of Equalization and Assessment of the State
of New York (or any successor agency) to be furnished by the appropriate executed in the manner
required or prescribed in such forms, and shall be filed in such assessor' s office on or before the
appropriate taxable status date, and be it further
RESOLVED , that this resolution supersedes Resolution No . 18 of 1997 .
A roll call vote on the resolution resulted as follows :
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Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO. 29 of 2001
PERMISSION FOR SUPERVISOR TO PURCHASE COMPUTER
By Councilperson Gagnon : Seconded by Councilperson Strichartz
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Town Board Minutes
9 February 12 , 2001
RESOLVED, that the Town Board of the Town mitted . approves the purchase of a lap top
computer for the Town Supervisor as per quote sub
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye Carried
Inman Abstained
RESOLUTION NO . 30 of 2001
READOPTION OF THE PUBLIC ACCESS TO RECORDS OF THE TOWN OF DANBY
POLICY
By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey
RESOLVED, that the town of Danby readopts the following corrected "Public Access to Records
of the Town of Danby Policy" :
ACCESS TO PUBLIC RECORDS OF THE TOWN OF DANBY
SECTION I - PURPOSE AND SCOPE
A. The people ' s right to know the process of government decision-making and the
documents and statistics leading to determinations is basic to our society . Access to
such information should not be thwarted by shrouding it with the cloak of secrecy or
confidentiality .
B . These regulations provide information concerning the procedures by which records
may be obtained .
C . Personnel shall furnish to the public the information and records required by the
Freedom of Information Law and those which were furnished to the public prior to
its enactment.
D . Any conflicts among laws governing public access to records shall be construed in
favor of the widest possible availability of public records .
SECTION II - DESIGNATION OF RECORDS ACCESS OFFICER
A. The Supervisor of the Town of Danby, is responsible for insuring compliance with the
regulations herein, and designates the following persons as records access officers :
The Town Clerk and the Town Justices .
B . Records access officers are responsible s Howeveruthe public shall not be denied access
public requests for access to rec o
to records through officials who have in the past been authorized to make records or
information available .
C . Records access officers shall assure that personnel :
1 . Maintain an up-to -date subject matter list .
2 . Assist the requester in identifying requested records, if necessary .
3 . Upon locating the records , take one of the following actions in accordance
with Section VI - B :
a. Make records promptly available for inspection or,
b . Deny access to the records in whole or in part and explain in writing
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February 12 , 2001
the reasons therefor.
4 . Upon requests for copies of records :
a. Make a copy available upon payment or offer to pay established fees,
in accordance with Section VIII, or,
b . Permit the requester to copy those records .
5 . Upon request, certify that a transcript is a true copy of records copied for a
fee of $2 . 00 .
6 . Upon failure to locate records, certify that :
a. The Town of Danby is not the legal custodian for such records , or
b . The records of which the Town of Danby is a legal custodian, after
diligent search, cannot be found .
SECTION III - DESIGNATION OF FISCAL OFFICER
A. The supervisor of the Town of Danby is designated the fiscal officer, who will certify
the payroll and respond to requests, in accordance with Section VI-B , for an itemized
record setting forth the name, address, title and salary of every officer or employee
of the agency.
B . The fiscal officer shall make the payroll items listed above available to any person
including bona fide members of the news media as required under section 88 ( 1 ) (g) ,
( 1 ) (I) , and ( 10) of the Freedom of Information Law.
SECTION IV - LOCATION
Records shall be available for public inspection and copying at : the Town Clerks Office ; the
Town Supervisor' s Office and the Town Justices ' Office or at the location where they are
kept.
SECTION V - HOURS FOR PUBLIC INSPECTION
Requests for public access to records shall be accepted and records produced during all hours
regularly open for business . Inspection of records is by appointment .
SECTION VI - REQUESTS FOR PUBLIC ACCESS TO RECORDS
A . Where a request for records is required, such request may be oral or in writing .
However, written requests shall not be required for records that have been
customarily available without written request.
B . 1 . Except under extraordinary circumstances, officials shall respond to a request for
records no more than five business days after receipt of the request, whether the
request is oral or in writing.
2 . If, because of extraordinary circumstances , more than five business days are
required to respond to a request, receipt of the request shall be acknowledged within
five business days after the request is received. The acknowledgment shall state the
reason for delay and estimate the date when reply will be made .
C . A request for access to records should be sufficiently detailed to identify the records .
Where possible, the requester should supply information regarding dates, titles, file
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February 12 , 2001
designations or other information which may help identify the records .
However, a request for any or all records falling within a specific category conforms
to the standard that records be identifiable .
D . 1 . A current list, by subject matter, of all records produced, filed, or first kept or
promulgated after September 1 , 1974 shall be available for public inspection and
copying. The list shall be sufficiently detailed to permit the requester to identify the
file category of the records sought.
2 . The subject matter list shall be updated periodically and the date of the most
recent updating shall appear on the first page . The updating of the subject matter list
shall not be less than semiannual .
E . No records may be removed by the requester from the office where the record is
located .
SECTION VII - DENIAL OF ACCESS TO RECORDS
A. Denial of access to records shall be in writing stating the reason therefore and
advising the requester of the right to appeal to the individual or body established to
hear appeals .
B . If requested records are not provided promptly, as required in section VI-B of these
regulations, such failure shall also be deemed a denial of access .
C . The Town Board of the Town of Danby shall hear appeals for denial of access to
records under the Freedom of Information Law .
D . The time for deciding an appeal by the individual or body designated to hear appeals
shall commence upon receipt of written appeal identifying :
1 . The date of the appeal .
2 . The date and location of the requests for records .
3 . The records to which the requester was denied access .
4 . Whether the denial of access was in writing or was by failure to provide
records promptly as required by section VI-B .
5 . The name and address of the requester .
E . The individual or body designated to hear appeals shall inform the requester of its
decision in writing within seven business days of receipt of an appeal .
F . A final denial of access to a requested record, as provided for in subdivision E of this
section, shall be subject to court review, as provided for in article 78 of the Civil
Practice Law and Rules .
SECTION VIII - FEES .
A . The fees charged have been set forth by the Town Board of the Town of Danby and
are as follows :
1 . Search for records - $2 . 00
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February 12 , 2001
2 . Any certification pursuant to this part - $2 . 00
B . The fee for photocopies not exceeding 8 '/2 by 14 inches is $ . 25 (twenty-five cents)
per page . Photocopies exceeding 8 1/2 by 14 inches shall be the actual reproduction
cost .
SECTION IX - PUBLIC NOTICE
¬ice containing the job title or name and business address of the records access officers
and fiscal officer; the name, job title, business address and telephone number of the appeals
body; and the location where records can be seen or copied, shall be posted in a conspicuous
location wherever records are kept.
SECTION X - SEVERABILITY
If any provision of these regulations or the application thereof to any person or circumstances
is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or
impair the validity of the other provisions of these regulations or the application thereof to
other persons or circumstances .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Rezoning Proposal - West Jersey Hill Road - Ken Wolja
Ken Wolja addressed the Board with a request for rezoning of a property on Town Line Road to put
a small development on his property of 5 . 79 +/- acres . The property is located in a low density zone
and the Danby Zoning requirement allows for development for smaller lots but not for multiple
residences . He explained his proposal for a multi unit development to the Board . He said that he
is not considering condominiums at all although the dwellings are proposed to be similar in structure
but would be rental units .
Susan reported to the Board that in the proposal notes she reported that it is close to VanDeMark' s
apartment complex . There is the objective to have different kinds of housing types scattered
throughout town and not in one group area, There is a potential for litigation of spot zoning . There
is a question about the size of the land to be used for the development and whether it would meet the
criteria for a five (5) acre minimum Planned Development. She said she thinks this proposal is a good
idea for the land use but she sees some problems with the zoning unless the Board wants to entertain
that this is a planned development zone or is it high density residential zone .
Councilperson Strichartz said she would be concerned about the availability of water in the area.
Supervisor Inman said that he does not think that the Board could approve of the proposal without
having some major changes in the zoning ordinance. He said that he does not think this proposal as
designed would not be successful .
Tompkins County Flood Mitigation Projects
Representative Kate Hackett from Tompkins County Planning Department and Craig Schutt from
Tompkins County Soil and Water Conservation District addressed the Board and public with a
presentation of the services available to municipalities and homeowners through FHM . Pre
application procedures have been put in place to be reviewed before application is made for funding .
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February 12 , 2001
RESOLUTION NO. 31 OF 2001
RESOLUTION RATIFYING THE NAME OF HOWLAND ROAD, AND DISCONTINUING
ITS FORMER NAME, "JOHN HILL ROAD"
By Councilperson Strichartz : Seconded by Councilperson Nolte
WHEREAS , a road in the Town of Danby which intersects with South Danby Road and with Brenda
Lee Lane has had two names on occasion, being "John Hill" and "Howland" Road; and
WHEREAS, the Town Code Enforcement Officer has been informed that the residents on this road
would like the official name of the road to be "Howland Road" , and that any reference to "John Hill
road" be discontinued; and
WHEREAS , the owners of property adjacent to this road have been notified of this action; and
WHEREAS, the changing of the road name is a Type II action for which no further environmental
review is required; now, therefore, it is
RESOLVED, that the Town board of the Town of Danby, pursuant to Town Law Section 64 ,
Paragraph 9, hereby ratifies the name of this road, which commences at its intersection with South
Danby Road (south of Peter Road) , and which runs easterly past its intersection with Brenda Lee
Lane a total distance of 3325+/- feet from the centerline of South Danby Road, as "Howland Road" ,
as shown on "Appendix A" which is made part of this resolution; and it is further
RESOLVED , that the Town Board directs the Town Clerk to make the appropriate notifications
related to this name change, as provided in Section 64 , Paragraph 9 of Town Law .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO . 32 OF 2001
AUTHORIZATION FOR ASSISTANCE RELATED TO DATA BASE DEVELOPMENT
FOR CODE ENFORCEMENT AND ZONING PURPOSES
By Councilperson Gagnon: Seconded by Councilperson Strichartz
WHEREAS, the Code Enforcement Officer has requested that the Tompkins County information
Technology Services Department and Assessment Department provide assistance in the development
of data bases related to Code Enforcement and Zoning purposes ; and
WHEREAS, the Code Enforcement Officer has reported that this project is expected to be further
defined in the next weeks and is expected to benefit various Town offices, and has asked that the
Town Board approve an initial level of assistance for this project, NOW THEREFORE, IT IS
RESOLVED, that the Town Board of the Town of Danby approves the expenditure of up to
$ 250 . 00 from Account A 1989 . 400 for the retention of a person with experience in computer
programs and data base development for this purpose .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye Carried Unanimously
Inman Aye
. .. . .
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14 Town Board Minutes
February 12 , 2001
RESOLUTION NO . 33 OF 2001
AUTHORIZE CODE ENFORCEMENT OFFICER TO ASSIST THE TOWN BOARD IN
DEVELOPING VARIOUS OPTIONS FOR APPLICATION(s) TO TOMPKINS COUNTY
COMMERCIAL REVITALIZATION GRANT PROGRAM
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS, the next grant round for the Tompkins County Commercial Revitalization Grant
Program is anticipated to occur in May, 2001 , and
WHEREAS, the current guidelines for that program include the ability for multiple applications to
be submitted by an applicant, NOW, THEREFORE, IT IS
RESOLVED, that the Town board of the Town of Danby authorizes the Code Enforcement Officer
to assist the Town Board in the investigation and development of an application for such program.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Approval of Town Supervisor' s January and February 2001 Reports
A motion was made by Councilperson and seconded by Councilperson Varona-Lacey that the Town
Board of the Town of Danby approves the Town Supervisor' s January and February reports as
submitted .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye Carried
Approval of Town Clerk' s January Report
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the Town Clerk' s January report as submitted
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
APPROVAL OF WARRANTS
Highway Fund Warrant No. 2 of 2001
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the Highway Fund Warrant No . 2 of 2001 voucher
numbers 7-24 in the amount of $43 ,422 . 98 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
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February 12 , 2001
Varona-Lacey Aye
Inman Aye Carried Unanimously
West Danby Water District Fund Warrant No. 2 of 2001
A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town
Board of the Town of Danby approve the West Danby Water District Fund Warrant No . 2 of 2001
voucher numbers 5 - 7 in the amount of $ 899 . 39 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
General Fund Warrant No . 2 of 2001
A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the
Town Board of the Town of Danby approves the General Fund Warrant No . 2 of 2001 voucher
numbers 20-78 in the amount of $ 12 , 695 . 97 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Abstract of Vouchers - Trust and Agency Account
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve
the expenditure of $ 1 ,454 . 74 for Comi Telecommunication Services Consulting Fee .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Motion to Adjourn to Executive Session
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz at 9 : 50
p.m. that the Town Board of the Town of Danby adjourn to executive session to discuss candidates
for possible appointment to the Planning Board and the Board of Zoning Appeals .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Board Meeting Reconvened
The Town Board meeting reconvened to regular session at 10 : 25 p . m .
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February 12 , 2001
RESOLUTION NO. 34 of 2001
APPOINTMENT TO THE TOWN OF DANBY PLANNING BOARD
By Councilperson Strichartz : Seconded by Councilperson Gagnon
RESOLVED, that the Town Board of the Town of Danby re-appoints Linda Hansen of 1870
Danby Road, Ithaca, New York to the Town of Danby Planning Board for a seven (7) year term.
to begin immediately and expires on December 31 , 2007 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
RESOLUTION NO . 35 of 2001
APPOINTMENT TO THE TOWN OF DANBY BOARD OF ZONING APPEALS
By Councilperson Nolte : Seconded by Councilperson Strichartz
RESOLVED, that the Town Board of the Town of Danby appoints Russell Klinger of 11 Hill Road,
Ithaca, New York to the Board of Zoning Appeals for a five (5 ) year term to begin immediately and
expires on December 31 , 2005 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried Unanimously
Special Session of the Board Scheduled
A Special Session of the Board was scheduled for Monday, February 19 , 2001 at 7 : 00 p .m . to
interview Board of Zoning Appeals members who are interested in possible appointment as Chair of
the BZA.
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 35 p . m .
4.4, t l Vt/ ' G'vtitl�iJ
Carol W . Sczepaniown Clerk
min-2- 12 . 01