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TOWN OF DANBY
TOWN BOARD MINUTES
FEBRUARY 10, 2003
PRESENT :
Supervisor Fredric Dietrich
Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Roy Casterline - Fire Commissioner
Members of the Public :
Bob Roe, Ames Brown, George Arsenault
Following interviews of candidates for the Planning Board and the Board of Zoning Appeals
Supervisor Dietrich called the meeting to order at 7 : 30 p . m. and led all present to the Pledge of
Allegiance to the American flag.
Additions to the Agenda :
1 . Councilperson Gagnon would like to report on the Municipal Planning Coalition and a report
on the Hazard Mitigation Planning Group under reports .
2 . Councilperson Strichartz asked that an update on the Simkin project in Olde Towne Village
and a copy of the map .
3 . Councilperson Strichartz asked that a report on the Parade Committee be added to the agenda
under reports .
4 . Supervisor Dietrich asked that a report on Community Council be added to the agenda.
5 . Calendar for completion of the comprehensive plan review.
No Board member objected.
Communications :
1 ) Letter of interest to purchase Town of Danby owned lands on Deputron Hollow Road from
Raye A. Bond.
2) Agreement to Spend Highway Funds 2003 - for Board signature .
3 ) General work list of priorities for Town Board to consider from the Code Enforcement
Officer.
REPORTS :
Tompkins County EMC
Robert Roe reported that the Tompkins County EMC met in January and set up committees for 2003 .
Of particular interest of the Neighborhood Notification Law for Pesticides , Cornell Cooperative
Extension in cooperation with the EMC and the Bureau of Weights and Measures are scheduling
workshops of which two(2) will be for the general public . The EMC is looking for guidance from
municipalities for issues that they want the EMC to support. He has already requested for more
support on a County aquifer study and the managing of the DNA ' s in the County.
Supervisor said he would like to know if any studies have been done on the potential contaminants
that we are putting down our septic systems . He said that septic systems are monitored in a
biological action but not chemical action .
Councilperson Gagnon said that it might be helpful to have some sort of a program for informing
people on how to keep their septic systems healthy .
West Danby Water District Report
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February 10, 2003
Roy Casterline submitted to the Board with two (2) estimates for extending emergency service from
the West Danby fire to the water system. The estimates were requested for an idea of what the
project might cost.
Highway Report:
Agreement to Spend Highway Funds
Councilperson Nolte reported that the Highway Superintendent submitted an Agreement to Spend
Highway Funds for the year 2003 for the Town Board to sign. The Board reviewed the agreement
and discussed whether or not residents wanted the road improvements listed in the agreement .
Councilperson Gagnon said that Brown Road is in bad shape as it was paved and is falling apart. He
has no objection to double surface treatment on any road that sees much traffic but would like to see
some built in speed regulating devices . The roads maintenance should be prioritized.
Councilperson Strichartz said that some of the things don ' t seem like the most pressing things that
are facing us in the Town in regard to the roads . By improving the particular roads too much is just
going to do away with the rural sense that we want by creating faster traffic . She has no objections
if the people who live on these roads say that is what they want and if we have the money .
Supervisor Dietrich said that the Highway Superintendent has always been very good in terms of
how he handles his set of work so that the Town receives its CHIPS funding. He said he has some
concerns about the viability of CHIPS this year. The CHIPS funding has been proposed to be at the
same level as last year.
Supervisor Dietrich asked the Board to write up their questions and concerns and give them to
Councilperson Nolte to seek answers from the Highway Department.
Estimates for a Salt Shed
Councilperson Nolte asked the Board to look at the estimates for building a salt shed for the
Highway Department. Some towns claim up to 25 -30% is salt savings when their salt is covered .
Councilperson Gagnon said that the size of the shed that was proposed was to accommodate
materials for doing County roads . If we are going to be doing the County Roads that maybe we
ought to be including the proportional share of the cost of the building and recovering it from the
County.
We have not received rejection or confirmation on the grant that was submitted for a salt shed last
year. Supervisor Dietrich will call Assemblywoman Lifton and Senator Seward for information
regarding our Salt Shed Grant Application.
Supervisor Dietrich we may want to seek State aid to clear trees and brush that is blocking the
seasonal maintained roadways from the ice and snow storm this winter. He said that he thinks that
the State should come in and clear the trees and brush that is blocking the roadways. It is impossible
to get through some of the seasonal roads . He suggested that maybe the Town of Caroline and the
Town of Danby could seek aid together.
Zoning/Code Enforcement Report
Susan Beeners submitted her monthly report. She said that the Telecommunications Consultant Bill
Sitzman contract that was approved last year needs to be amended. Mr. Sitzman has requested an
increase in requested fees . The supervisor must sign the contract.
Planning Board Report :
Susan Beeners reported that there was a work list submitted to the Board with the agenda for the
Planning Board. On Wednesday, February 19, 2003 the Planning Board will hold a public hearing
for the Simkin project, an introductory review of the proposed co-location application and an
introductory review of a proposed second detached dwelling on Steam Mill Road. A work list was
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February 10, 2003
handed out at the Agenda Meeting, Monday, February 3 , 2003 is a general work list to assist the
Board in planning and scheduling.
Recreation Partnership Report
Councilperson Strichartz reported that the Recreation Partnership might buy some facilities for their
activities from the City.
Supervisor Dietrich said the costs for the Recreation Partnership that Towns are carrying is a small
percentage of the cost of the total program . The fields , lighting, facilities, maintenance on the
facilities tends to be the major part of the costs for programs . The over-all costs have never been
addressed by the Recreation Partnership. The Recreation Partnership Board will be an important one
for the Town to have a representative . Councilperson Strichartz said that she has another
commitment and cannot attend on Tuesdays .
Danby Community Council
Councilperson Strichartz reported that Danby Community Council held its election of officers for
the on Thursday, February 6, 2003 . There is a committee planning a parade in conjunction with the
Danby Fire Department Fair.
Senior Citizens
At the March meeting of the Danby Senior Citizens there will be an election of officers and the
agreement between the Town and the Danby Senior Citizens will be presented to them for approval .
Intermunicipal Planning Coalition Report
Councilperson Gagnon reported that he attended the Intermunicipal Planning Coalition Meeting.
They met with the Tompkins County Planning Department about how they would be part of the
County Comprehensive Planning process . Various approaches were suggested as how they might
structure their plan for feedback from the group .
Hazard Mitigation Planning Group
Councilperson Gagnon reported that the Hazard Mitigation Planning Group received a report that
put forth the mechanism for funding a grant application as well as the mitigation plan. Deadline for
submitting the Tompkins County Multi-Jurisdictional Fire Disaster Mitigation Grant is mid April
and information from municipalities is needed by early March . The Code Enforcement Officer, Sue
Beeners, has the application with the necessary information for submitting it to the County. The
proposed funding mechanism is based one third on assessed value, one third on land area and one
third on population . Our share of the funding for the grant application would be approximately
$ 1300 and the cost to the County would be $ 74, 000 . The Town has been asked to approve a
resolution of support for this project.
Supervisor Dietrich said that if we decide to go along with this he would like to see some Planning
Board help with preparing the grant application . He is willing to help with the grant application.
Letter of Interest to Purchase Town Property - Deputron Hollow Road
The Town received a letter from Raye A. Bond who is interested in purchasing a piece of property
on Deputron Hollow Road that is owned by the Town . Supervisor Dietrich said that he has
responded to the letter and asked them to make an offer. The parcel is an unbuildable piece of
property and adjoins land conservation easement properties .
List of Priorities from the Code Enforcement Officer
Supervisor Dietrich asked the Board if they had any comments or concerns with the list of matters,
active or potentially active for the Town Board to review. There are some items here that need
consideration such as air circulation and maybe an alarm system.
The Code Enforcement Officer asked the Board to developed into priorities the items that are listed.
NEW BUSINESS :
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February 10, 2003
West Danby Water District Proposal -Auxiliary Power from the Fire Department
Supervisor Dietrich said that the Fire Commissioners and the Commissioners need to have a
meeting.
Roy Casterline asked that the Town Board be the liaison for the proposal for the Danby Fire
Department to provide auxiliary power to the Water District Plant. The extension of auxiliary power
was in all the specifications and plans when the Fire Department was built .
Estimates received (are not bids) were to give the Water District an idea of cost to supply auxiliary
power to the Water District System.
1 . John Auguustine - $ 15 , 891
2 . Richardson Brothers - $ 8 , 500 with an additional $2 ,000 for trenching and backfill .
He will send out a letter to the Water Commissioners and the Fire Commissioners requesting that
a meeting be set up . He also would like to talk about other issues that are related to emergencies as
well .
Roy Casterline suggested that a meeting be set up with the Fire Commissioners and Water
Commissioners for April 15 , 2003 .
Liaison to Highway Department
A motion was made by Councilperson Gagnon and seconded by Supervisor Dietrich that the Town
Board of the Town of Danby appoint Councilperson Nolte as the official liaison to the Highway
Department.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Request For Town Board Support - Town Clerks Request Urging the Legislature of the State
of New York to Increase the Fee Retained b Munici s alities for Issuin S Huntin I and Fishin
Licenses under the NYS DECALS System
RESOLUTION NO. 27 OF 2003
RESOLUTION URGING THE LEGISLATURE OF THE STATE OF NEW YORK TO
INCREASE THE FEE RETAINED BY MUNICIPALITIES FOR ISSUING HUNTING AND
FISHING LICENSES UNDER THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION AUTOMATED LICENSING SERVICES (DECALS) PROGRAM
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS, the issuance of hunting and fishing licenses/stamps by local governments is a valuable
and necessary service to the state ; and
WHEREAS, Town Clerks must be aware of and carefully follow the mandates of the Environmental
Conservation Law and the New York State Department of Environmental Conservation in
connection with the issuance of licenses and/or stamps ; and
WHEREAS, Towns face considerable liability for any failure to properly issue and record such
licenses , for failure to properly file the required reports , and for failure to comply with all other
requirements of the new legislation; and
WHEREAS, Towns must maintain a separate telephone line , equipment and space as a condition
of participation in the DECALS program; and
WHEREAS, the state only pays for the installation of such required additional telephone line, but
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February 10, 2003
not for the added monthly cost of maintaining such line ; and
WHEREAS, Towns participating in the DECALS program must now also issue free Deer
Management Permits, for which no percentage or fee is returned to the Town at all ; and
WHEREAS, Towns currently receive no more that 5 . 5 % of the fee for issuance of resident licenses
and 1 . 1 % for issuing non-resident licenses in compliance with the law and all procedural
requirements ; and
NOW, THEREFORE, BE IT
RESOLVED, that the New York State Town Clerks Association representing the clerks of nearly
all of the 932 towns of the State, pause in its deliberations at its December 1 , 2002 , Regional
Meeting to urge in a unified voice that the Legislature of the State of New York pass , and the
Governor sign into law, legislation to increase compensation to local governments representing the
state with those citizens purchasing licenses under the DECALS program by :
1 . Increasing the percentage retained for license issuance from 5 . 5 % to 15 % (for resident
licenses) and from 1 . 1 % to 3 . 0% (for non-resident licenses) , such increase to help defer the cost of
the monthly telephone line service charge incurred by the Towns
2 . Paying a percentage on combination licenses and permits issued
3 . Paying $ 1 . 00 to the municipality for each deer management on combination licenses and
permits issued
4. Establishing a 10% commission reimbursement to the Towns to cover the loss of revenue
directly resulting from the DECALS issuance of sporting licenses to town residents
5 . Establishing an ombudsman and information agency or office within NYS Department
of Environmental Conservation as a resource for residents to go to with questions or problems
relating to DECALS - issued licenses ; and
BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the Governor, the
Attorney General, the Temporary President of the Senate, the Speaker of the Assembly, the Majority
Leader of the Assembly, the Minority Leader of the Senate, the Minority Leader of the Assembly,
and the Chairpersons and members of the Senate and Assembly Environmental Conservation
Committees .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Tompkins County Multi-Jurisdictional Pre-Disaster Hazard Mitigation Plan
Consideration of supporting the Tompkins County Multi -Jurisdictional Pre-Disaster Hazard
Mitigation Plan resolution was deferred to March 3 , 2003 .
Appointments to the Planning Board and Board of Zoning Appeals
Supervisor Dietrich suggested that we make the appointments to the Planning Board and the Board
of Zoning Appeals after the Chairs of the Boards have been notified.
Maintenance Repair Person Job Description
Susan Beeners said that the job description she submitted to the Board still does not really fit the type
of person we need but is close enough . She said we are not permitted to make changes .
Supervisor Dietrich said that interviews of some of the applicants will be held on Saturday, February
15 , 2003 .
Simpkin Project - Old Town Village
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February 10, 2003
Susan Beeners reported that in order for a developer to build on two existing lots in Old Town
Village the Olde Towne Road must be extended with a turn-around for highway trucks and
emergency vehicles . She submitted the copies of the proposal and a copy of the tax map showing
the existing development and approved lots that were approved by the Planning Board and the Town
Board in 1988 . She reviewed the drawings with the Board and described the proposal and said the
main concern is drainage .
Councilperson Gagnon said that he remembers that there was supposed to be an emergency exit on
the Old Town Road. The road was approved with the contingency that a road could be placed next
to the existing road. Old Town Road was not to be used as the primary access to the subdivision and
the subdivision was not approved until an alternative access was developed.
Councilperson Strichartz said that the owners of Old Town Road are requesting that the Town
officially abandon Old Town Road.
Comprehensive Plan Agenda
The Board received a proposed Comprehensive Plan Agenda from Planning Board Chairperson
Sarah Newman . The Board will review the draft plan following the March Agenda Meeting.
March 5 , 2003 - Planning Board Work session .
March 19 , 2003 - joint meeting with the Planning Board.
April 23 , 2003 - Planning Board public hearing .
APPROVAL OF WARRANTS
Approval of General Fund Warrant No. 2 of 2003
A motion was made by councilperson Gagnon and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the General Fund Warrant No . 2 of 2003 , voucher
numbers 25 -78 in the amount of $46, 162 .21 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Approval of Highway Department Fund Warrant No. 2 of 2003
A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town
Board of the Town of Danby approves the Highway Fund Warrant No . 2 of 2003 , voucher numbers
8 -26 in the amount of $24 ,481 . 31 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
West Danby Water District Fund Warrant No. 2 of 2003
A motion was made by Councilperson Strichartz and seconded by Supervisor Dietrich that the Town
Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 2 of 2003 ,
voucher numbers 4-6 in the amount of $ 182 . 95 .
A roll call vote on the resolution resulted as follows :
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February 10, 2003
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Approval of the Town Clerk' s January, 2003 Report
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve
the Town Clerk ' s January Report as submitted .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 15
Oa a I- 4,/ ' faitet
Carol W. Sczepan /, own Clerk
min-2- 10 . 03