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1 Town Board Minutes
July 16, 2001
TOWN OF DANBY
TOWN BOARD MINUTES
JULY 16, 2001
PRESENT :
Supervisor Edward Inman
Councilpersons : Joel Gagnon, Naomi Strichartz, Gladys Varona-Lacey
ABSENT :
Councilperson Nolte (Excused)
Others Present:
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Mary and Roy Casterline, Ames Brown, Robert Roe , Esther Dotson, Laurene Gilbert, Pat
Woodworth, Joan and Roger Grant
Supervisor Edward Inman called the meeting to order at 7 : 01 p .m . and led all present to the Pledge
of Allegiance to the American flag .
ADDITIONS TO AGENDA
1 ) Councilperson Strichartz requested the addition of Appointment of Town Historian.
2 ) Consideration of approval to contract for the concrete and painting of Town Hall properties .
3 ) Water Testing at Jennings Pond - discussion
4) Recreation Partnership request for additional fees - discussion
No Board member objected.
PRIVILEGE OF THE FLOOR
Town Clerk Carol Sczepanski reported that she has received notification from the New York State
Archives of a Grant Award in the amount of $4139 . 00 for indexing our Town of Danby Minutes .
She is hosting a workshop for the NYS Archives on August 2, 2001 for first time grant participants .
Joan Grant of 97 Michigan Hollow Road addressed the Board and stated that she was willing to offer
her services and is interested in being appointed the Town Historian. She also is interested in writing
articles for the Danby Area News about the history of Danby. She does not have space to store the
historians records .
Motion to Appoint New Town Historian
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey to
appoint Joan Grant of 97 Michigan Hollow Road, Spencer, New York 14883 as Town of Danby
Historian .
A roll call vote on the motion resulted as follows :
Councilperson Nolte - excused
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye
Carried
Approval of Supervisor' s June 2001 Report:
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the
Town Board of the Town of Danby approve the Town Supervisor' s June 2001 report as submitted :
A roll call vote on the motion resulted as follows :
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July 16, 2001
Councilperson Nolte - excused
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Carried
Approval of the Town Clerk' s
A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approve the Town Clerk' s June 2001 report as submitted .
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye
Carried
EMC Report :
Robert Roe reported that at the July l lth meeting of the EMC that the issue of telecommunication
towers for the County is on hold. They have received presentations from four (4) vendors . Other
issues were that were presented to the EMC were : 1 ) jet skies on Cayuga Lake : 2) gas leasing
initiatives in Tompkins County on County owned parcels . Tompkins County is the only county in
the State of New York where the Federal Government retains 75 % of the mineral rights in our State
Forests .
Planning Board Report:
Chairperson of the Planning Board Laurene Gilbert reported that there will be two (2) representatives
from the Department of Conservation here for the Planning Board Meeting on Wednesday, July 18
at 7 : 00 p .m . to give a presentation on gas drilling and leasing.
Highway Department Report - June 2001 - Received
Zoning June 2001 Report - Received
Susan Beeners reported that this has been a slow year as far as building goes . She has spent a lot of
time working on various aspects of the Town Hall Site improvement. She believes the funds for the
summer intern was well spent and asked the Town Board to consider authorizing an additional fifty
a (50) hours to continue the services of the intern at $ 13 . 75 per hour . She is working with Comi
Telecommunications on a co-location application for the Durfee Hill Tower .
Recreation Partnership :
Councilperson Strichartz reported that the Recreation Partnership would like to charge a 3 % increase
to municipalities to place in a contingency account. The cost to the Town of Danby would be $ 57 . 00
in additional funds .
Motion to Approve of an Increase of 3 % for the Recreation Partnership
A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves of an increase of 3 % in the amount of $ 57 . 00 for
the Recreation Partnership Contingency Fund .
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye
Carried
Community Council Report :
Councilperson Strichartz reported that Community Council is working with the Danby Fire
Department on the Danby Fair to be held on July 28 . Several bands have been hired and there is a
lot of fun activities planned. There will be a chicken barbeque beginning at noon and all children will
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July 16 , 2001
receive a free book.
Danby Senior Citizens Report
Carol Sczepanski reported that the Danby Senior Citizens held their Annual Picnic on July 5 at the
former West Danby Ball Park. The event was attended by 40 senior' s and the entertainment was
provided by the Hubble ' s band .
COMMUNICATIONS :
Dog Control Report -S P C A May 2001 Report Received
West Danby Water District Report The West Danby Water District has submitted their water
quality report has been received and is posted at the Town Hall and the West Danby Fire Hall . The
NYS Health Departments and Tompkins County Health Department have received copies of the
report .
OLD BUSINESS :
RESOLUTION 64 of 2001
APPOINTMENT TO COUNTY YOUTH BOARD
By Councilperson Strichartz : Seconded by Councilperson Gagnon
RESOLVED, that the Town Board of the Town of Danby recommends the appointment of Patricia
VandeBogart of 2410 Danby Road, Willseyville , New York 13864 to the Tompkins County Youth
Board as the representative from Danby.
A roll call vote on the resolution resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried
RESOLUTION NO. 65 of 2001
TOWN HALL OPEN HOUSE DATE
By Councilperson Strichartz : Seconded by Councilperson Varona Lacey
RESOLVED, that the Town Board of the Town of Danby sets the date of Saturday, September 15 ,
2001 from 2 - 4 p .m. for a open house event for the Town Hall .
A roll call vote on the resolution resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried
RESOLUTION NO. 66 of 2001
TRANSFER OF HIGHWAY FUNDS
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS, there is a balance remaining in the encumbered account DA600 from an invoice that
was lower than expected, and
WHEREAS, the Town Highway Superintendent has requested that this balance be transferred to
DA5130 . 400, now be it
RESOLVED , that the Town Board of the Town of Danby transfers the balance in the DA-600
account to DA5130 . 400 .
A roll call vote on the resolution resulted as follows :
Councilperson Nolte excused.
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July 16 , 2001
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye Carried
Inman Aye
RESOLUTION 67 of 2001
TRANSFER OF FUNDS
By Councilperson Strichartz : Seconded by Councilperson Gagnon
WHEREAS, In February of this year, voucher #61 (General Fund Warrant) in the amount of
$215 . 96 was coded and paid from A8010 . 200 zoning equipment account in error, and
WHEREAS , account A8010 .200 is the Code Office equipment account and office supplies are a
contractual expense to be charged to A8010 . 400 , now be it
RESOLVED , that $215 . 96 be transferred from A8010 . 200 to A8010 .400 .
A roll call vote on the resolution resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye Carried
Inman Aye
RESOLUTION NO 68 of 2001
ENDORSEMENT AND SUBMISSION T ON AND HISTORIC PRESERVATION STATE OFFICE OF PARKS, RECREATION TION UNDER
THE ENVIRONMENTAL PROTECTION FUND AND/OR CLEAN WATER/CLEAN AIR
BOND ACT
By Councilperson Strichartz: Seconded by Councilperson Varona-Lacey
WHEREAS , the Town of Danby is applying to the New York State Office of Parks, Recreation and
Historic Preservation for a grant under the Environmental Protection Fund and/or Clean Water/Clean
Air Bond Act for a park project to be located near the Danby Federated Church on New York State
Route 96B , a site located within the territorial jurisdiction of this Town Board ; and
WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must
obtain the approval and endorsement of the Town Board of the Town of Danby in which the project
will be located ; now therefore be it
RESOLVED , by this Town Board of the Town of Danby hereby does approve and endorse the
application of the Town of Danby for a grant under the Environmental Protection Fund for a park
project known as Danby Community Park and located within this community; and further
RESOLVED, that said property shall be forever maintained by the Town of Danby as a municipal
park in this community consistent with the rules promulgated by OPRHP .
A roll call vote on the resolution resulted as follows :
Councilperson Nolte excused .
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye Carried
Inman Aye
Jennings Pond Report :
Supervisor Inman reported that there is a new requirement for testing of the water at Jennings Pond
for the swim program. The agreement requires testing but this is the first time that the Town has been
charged for the tests . More funds may be required for this weekly testing.
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RESOLUTION NO . 67 OF 2001
RESOLUTION AUTHORIZING THE OBTAINING OF BIDS FOR
THE PARTIAL DEMOLITION AND SECURING OF THE PREMISES
AT 1860 DANBY ROAD
WHEREAS , on or about June 1 , 1999 the premises at 1860 Danby Road known as Benjamin' s
One Stop ("the Premises") were damaged as a result of fire ;
WHEREAS, the Code Enforcement Officer of the Town prepared a report, based in part upon a
report of Mr. Greg Dende, Professional Engineer, determining that the building on the Premises'
("the Building") was unsafe and dangerous, as defined in the Town of Danby Local Law No . 4 of
2000, by reason of structural and other damage resulting from the fire in the Building; and
WHEREAS, a copy of such report was delivered to the members of the Town Board; and
WHEREAS , the notice required by Section 6 of Local Law No . 4 of the year 2000 was served in
accordance with the provisions of such Local Law upon the owners of the Premises; and
WHEREAS, a copy of such notice as so served has been filed in the office of the County Clerk of
the County of Tompkins; and
WHEREAS , notice was given to the owners that a hearing before the Town Board was to be held
on November 8, 2000 ; and
WHEREAS , on November 8 , 2000, neither the owner nor any other individuals or persons acting
on behalf of the owner appeared to contradict any of the findings contained in said report and
earlier determination of the Town regarding the dangerous and unsafe condition of the Building;
and
WHEREAS , the owners have neglected to repair or demolish such portions as the Building as
may be necessary in order to render it safe;
NOW, THEREFORE, be it
RESOLVED, that the Town Supervisor with the assistance of the Code Enforcement Officer and
the Attorney for the Town is hereby authorized and directed to take such steps as may be
necessary or appropriate in order to demolish and remove sections A, B, and C of the Building
located at 1860 Danby Road, the portions of the Building denominated A, B, and C, being shown
on a sketch map dated 6/ 14/00 and revised 10/30/00 which sketch map accompanied the above
referenced notice to the owners; and it is further
RESOLVED, that in the event the cost of such partial demolition and securing of the remainder of
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Danby/Benjamins Obtaining Bids - August 8 , 2001
the Building is anticipated to exceed $20, 000, the Town Supervisor is authorized and directed to
solicit bids in accordance with the General Municipal Laws relating the public bidding for such
demolition; and it is further
RESOLVED , that the Town Supervisor, with the assistance of the Code Enforcement Officer and
the Attorney for the Town solicit consent from the owner of the property to enter on the property
from time to time as may be necessary to show prospective bidders the work to be accomplished,
to conduct any further environmental investigations such as asbestos investigations, to obtain any
engineering or other information relevant to the process, and for such other purposes as may be
reasonably related to the partial demolition and securing of the building and for the purposes of
effecting the actual partial demolition and securing of remaining portions of the Building to render
the Premises safe; and it is further
RESOLVED, that in the event such consent is not forthcoming within a reasonable period of time
of its solicitation, that the Town Supervisor, with the assistance of the Code Enforcement Officer
and the Attorney for the Town, is hereby authorized and directed to institute such legal
proceedings against the owner of the property on behalf of the Town, such legal proceedings to
be as determined by the Town Supervisor with the advice of the Attorney for the Town and may
include applications for administrative warrants and/or applications for a general order permitting
access to the property from time to time as needed in conjunction with the demolition and related
proceedings; and it is further
RESOLVED, that all costs incurred in connection with the demolition, including attorneys fees
for any legal proceedings, be
(a) Assessed against the premises and collected in the same manner as a special ad valorem
levy, or
(b) The subject of a special proceeding pursuant to General Municipal Law Section 78-b
against the owner, or
(c) Be the subject of such other proceeding as may be legally available to the Town,
whichever process the Town Supervisor, with the advice of the Attorney for the Town, deems
most likely to result in recovery of said expenses by the Town; and
RESOLVED, that the Town Supervisor, the Code Enforcement Officer, the Attorney for the
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DanbyBenjamins Obtaining Bids - August 8 , 2001
Town and other officers and agents of the Town be and each hereby is authorized to take such
additional steps, to secure such additional documents, and to bring such additional proceedings as
the Town Supervisor may, in his discretion, deem necessary, desirable, or appropriate in order to
effectuate the intention of the foregoing resolutions, his institution of such action to be deemed
due approval of same by this Town Board.
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July 16, 2001
Concrete and Painting at the Town Hall :
Councilperson Gagnon would like the Board to commit to doing the concrete work and the painting
of the Town Hall properties whether or not we get a Revitalization Grant.
Motion to do Concrete Work and Painting of Town Hall Properties :
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the
Town Board of the Town of Danby commits to doing the concrete work regardless or not if we get
the Revitalization Grant and that the painting of the Town Hall be contingent upon whether we
receive the Revitalization Grant.
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried
Gas Drilling :
Councilperson Strichartz reported that one of the things that have come up in the Lodi area related
to gas drilling is the cost to the local fire departments for putting out fires started from the drilling
process . She would like the Board to consider a resolution or a local law that would require
reimbursement of expense should drilling occur here .
Code Enforcement Officer Susan Beeners said that if the Town enacted a local law amending the
ordinance to make utilities subject to special permits then the Town could conceivable have as a
condition at least the construction of fire ponds and dry hydrants to put out fires in the vicinity if you
could build enough documentation that there was a potential fire hazard .
Motion to Authorize Consultation With Town Attorney
A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby authorizes the Code Enforcement Officer and Councilperson
Gagnon to consult with the Town Attorney to draft proposed special permit procedures to be added
to the ordinance for the Planning Board to review for their recommendations and suggestions .
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused .
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried
Intern for Comprehensive Plan :
Supervisor Inman reported that the Code Enforcement Officer is requesting funds to extend the
Summer Intern hours for the Comprehensive Plan.
The Board discussed the number of intern workers the Town has had working on the comprehensive
plan and where the funds were in the budget.
Motion to Approve of Funds for Intern for the Comprehensive Plan
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to extend
the hours for Joan Chen by fifty (50) hours at $ 13 . 75 per hour to help with the Comprehensive Plan.
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried
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July 16, 2001
Motion to Adjourn to Executive Session at 8 : 40 p.m.
A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey to
adjourn to executive session at 8 :40 p .m. to discuss pending and current litigation in a matter related
to real property located at 1860 Danby Road .
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried
Meeting Reconvened at 9 : 15
The Board reconvened at 9 : 15 p.m.
APPROVAL OF WARRANTS ;
General Fund Warrant No. 7 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 . 7 of 2001 voucher
numbers 252 -294 in the amount of $9 ,411 . 59 .
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried
Highway Department Warrant No. 7 of 2001
A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the Highway Department Warrant No . 7 of 2001
voucher numbers 86- 102 in the amount of R26 ,251 . 47 .
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused .
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye
Inman Aye Carried
West Danby Water District Warrant No. 7 of 2001
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the
Town Board of the Town of Danby approves he West Danby Water District Warrant No . 7 voucher
numbers 24-28 in the amount of $937 . 39 .
A roll call vote on the motion resulted as follows :
Councilperson Nolte excused.
Gagnon Aye
Strichartz Aye
Varona-Lacey Aye Carried
1 Inman Aye
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 40 p .m.
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Carol W . czepanski , A n Clerk
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