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1 Town Board Minutes
September 15 , 2003
TOWN OF DANBY
TOWN BOARD MINUTES
SEPTEMBER 15, 2003
PRESENT :
Supervisor Fredric Dietrich
Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Susan Beeners - Code Enforcement Officer
Susan Howe - Highway Secretary
William Hall - Highway Superintendent
Carol Sczepanski - Town Clerk
Frank Proto - County Representative
Members of the Public :
Woody Woodward, Robert Lower, Priscilla Barber, Bob McCune, Richard W. Tenney, Mary
Lou Tenney, Don Barber, Eileen B . Wright, Dorothy Daetsch, Willard T . Daetsch, Bruce
Brumfield, Mary Oltz, Linda Hansen, Bill Halton, Mark Silverman, Katherine Halton, Gary
Johnson, Bob Roe and Others .
Supervisor Dietrich called the meting to order at 7 : 23 p .m. and led all present to the Pledge of
Allegiance to the American flag .
PRIVILEGE OF THE FLOOR
Bob McCune of 1122 Coddington Road, Richard Tenney of 220 Banks Road, Carl Crispell who
farms land on Coddington Road, Jane McGonigal, and Woody Woodard addressed the Board with
concerns about the condition of Banks Road and that it needs to be upgraded due to the increase in
traffic on that road.
Highway Superintendent William Hall reported to the public concerned about the condition of Banks
Road that he is putting in for a total rebuild to begin next year with subsurface drainage and base
material . The road was conceived as not much more than a cow path until the County put in a new
bridge that increased the traffic . He told the residents that the rebuild of Banks Road is a high
priority.
PRIVILEGE OF THE FLOOR
The Town Clerk reported that she is looking for a person or persons to do a dog enumeration in the
Town of Danby.
Request for Support-Regarding Patriot Act
Mary Wimsatt addressed the Board with an overview of the U. S .A. Patriot Act and gave a brief
description of how people are detained without charges and trials .
Kathy Halton presented the Board with a draft resolution for them to consider as urging Congress
to repeal the U. S .A. Patriot Act.
PROPOSED RESOLUTION NO. 63 OF 2003
REGARDING THE USA PATRIOT ACT
By Councilperson Gagnon : Seconded by Councilperson Strichartz
WHEREAS, the Town Board of the Town of Danby is motivated by its commitment to uphold the
human rights of all persons in Danby, and to the free exercise and enjoyment of any and all rights
and privileges secured by our constitutions and laws of the United States, the State of New York, and
the Town of Danby, and
WHEREAS, recognizing that federal , state and local governments need to protect the public from
terrorist attacks such as those that occurred on September 11 , 2001 , governments have an obligation
to do so in a rational and deliberative fashion to ensure that any new security measures enhance
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2 Town Board Minutes
September 15 , 2003
public safety without impairing constitutional guarantees or infringing on civil liberties ; and
WHEREAS, the Bill of Rights of the United States Constitution and the Constitution of New York
guarantee to those living in the United States the following rights :
* Freedom of speech, assembly and privacy ;
* The Rights to counsel and due process in judicial proceedings ; and
* Protection from unreasonable searches and seizures and
WHEREAS, we believe these civil liberties are precious and are now threatened by :
A. The USA PATRIOT Act, which :
* All but eliminates judicial supervision of telephone and Internet surveillance ;
* Greatly expands the government ' s ability to conduct secret searches ;
* Gives the Attorney General and the Secretary of State the power to designate
domestic groups as "terrorist organizations" , and
* Grants the FBI broad access to sensitive medical, mental health, financial , and
educational records about individuals without having to show evidence of a crime and without a
court order; and
B. Federal Executive Orders, which :
* Establish secret military tribunals for terrorism suspects ;
* Permit wiretapping of conversations between federal prisoners and their lawyers ;
* Lift Justice Department regulations against illegal COINTELPRO-type operations
by the FBI (covert activities that in the past targeted domestic groups and individuals) ; and
* Limit the disclosure of public documents and records that should be made available
to the public under the Freedom of Information Act, and
WHEREAS, this law and these Executive Orders particularly target foreign nationals and people
of Middle Eastern and South Asian descent, in fact they can be and have been used to violate the
civil
rights of American citizens acting and speaking legally in opposing government policy; and
WHEREAS, the Executive Order on secret military tribunals also undermines the U . S .
government ' s ability to denounce atrocities carried out in secret by military tribunals elsewhere in
the world; Now be it
RESOLVED, that the Town Board of the Town of Danby urges Congress to repeal the U . S .A.
Patriot Act and to refrain from passing any further legislation that violates or duly limits the civil
rights and liberties guaranteed by the United States Constitution; and be it further
RESOLVED, that the Town Board of the Town of Danby affirms the rights of all people-including
United States citizens and citizens of other nations residing within the Town in accordance with the
Bill of Rights and the Fourteenth Amendment of the U . S . Constitution; and be it further
RESOLVED, that the Town Board of the Town of Danby calls upon all town officials and
employees to respect the civil rights and liberties of all members of this community, including those
who are citizens of other nations ; and be it further
RESOLVED, that the Town Board of the Town of Danby asks that any town official or employee
whose assistance is requested by any federal law enforcement agency report such request to the
Town Supervisor who, in consultation with the Town Attorney, shall determine whether such request
complies with the requirements of United States and New York State law, and be it further
RESOLVED, that the Town Clerk shall mail copies of this resolution to those elected to represent
the citizens of the Town of Danby in Congress ; Representative Maurice Hinchey, Senator Hillary
Clinton, and Senator Charles Schumer
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1 Public Hearing Minutes
Local Law No . 2 of 2003
September 15 , 2003
TOWN OF DANBY
PUBLIC HEARING MINUTES
LOCAL LAW NO. 2 OF 2003
LOW VOLUME/LOW MAINTENANCE ROADS
AUGUST 15, 2003
PRESENT:
Supervisor Fredric Dietrich
Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey
Others Present :
Susan Beeners - Code Enforcement Officer
Susan Howe - Highway Secretary
William Hall - Highway Superintendent
Carol Sczepanski - Town Clerk
Frank Proto - County Representative
Members of the Public:
Woody Woodward, Robert Lower, Priscilla Barber, Bob McCune , Richard W. Tenney, Mary Lou
Tenney, Don Barber, Eileen B . Wright, Dorothy Daetsch, Willard T . Daetsch, Bruce Brumfield,
Mary Oltz, Linda Hansen, Bill Halton, Mark Silverman, Katherine Halton, Gary Johnson, Bob Roe
and Others .
Public Hearing Declared Open :
Supervisor Fredric Dietrich declared the public hearing open at 7 : 03 and read he following Notice
of Publication : " PLEASE TAKE NOTICE that the Town Board of the Town of Danby will hold
a public hearing on Monday, September 15 , 2003 at 7 : 00 p .m. , 1830 Danby Road, Ithaca, New York,
County of Tompkins, to consider a local law entitled: Amending Local Law No . 3 of 2002 by
Designation of Certain Roads or Parts Thereof as Low Volume/Minimum Maintenance Roads for
the following: Bald Hill Road, Beech Hill Road, Brenda Lee Lane, Bruce Hill Road, Curtis Road,
Emery Road, Hill Road, LaRue Road, Travor Road and Tupper Road.
All interested persons will be heard either in writing or in person .
Dated: September
Published : September
Communications :
Affidavit of Publication
Affidavit of Service by Mail
Jay & Leslie Reed - Owners of Beech Hill Road Property - Approve of Proposed Local Law
Robert & Diane Smith - Owners of Curtis Road property - Approve of Proposed Local Law
Members of the Public ;
Woody Woodward addressed the Board with a concern of the condition of Banks Road. He said that
Banks Road is in very bad conditions, has a lot of traffic and is in need of repair.
Priscilla Barber objects to the proposed local law. Believes that it will depreciate her property value
and prevent further development. It has been necessary to sell part of her farm property and believes
that this local law will prevent subdividing or selling an occasional lot on the remaining farm lands .
This local law will land lock approximately forty (40) acres. She suggested that the Town of Danby
seriously consider upgrading this road so that it could be safely traveled.
Gary Johnson - Supports the proposed local law.
Don Barber - is here to support his mother. She sees this local law as reducing access to her property
and diminishing her options for the property.
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Local Law No . 2 of 2003
September 15 , 2003
Bill Lower - owns land on Emery Road and said that there is little maintenance on that road.
Mark Silverman asked for clarify what the change from seasonal maintenance to low
volume/minimum maintenance involves .
Susan Beeners said that there really is no change from what we have now. The advantage for the
Town by adopting this local law is that they will have a process . The maintenance will remain just
as it is now as a seasonal road. If a property owner wants to have a road upgraded that person must
petition the Town Board with a request and there must be a public hearing . The present law for
seasonal use roads does not permit any occupied residences on those roads , not even seasonal . The
new law would permit seasonal residences on those roads . Seasonal roads are closed from December
1 through April 30 .
Public Hearing Declared Closed
The public hearing was declared closed at 7 : 23 p .m.
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phm-112 . 03 Carol W. Sczepanski , Town Clerk
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September 15 , 2003
Discussion :
Resident Willard Daetsch reported that libraries and book sellers are forbidden to reveal who the
patrons that they are doing business with.
Councilperson Strichartz said that not everybody here understands what is at stake with the Bill of
Rights . We can have our freedoms withered away . She said that she would vote for this resolution
as a vote of conscience but she would make it very clear that it was her vote and not the vote of the
entire community.
Supervisor Dietrich said that he thinks it is good that the Town came out and spoke either one way
or the other. The Board often does not get a good cross section of people to discuss issues . What ' s
being proposed to the Board is an important issue and it is something he would feel the most
comfortable sharing with the rest of the Town and listening to them.
Councilperson Nolte said that he thinks that the Board will all vote our conscience and would rather
do it now. Waiting will not change a thing.
Councilperson Varona-Lacey said that she thinks it is important that the people in Danby know that
this is happening. If this had been publicized then it is a different situation all together. People are
not here to question what is being done or how it can impact their lives .
Councilperson Gagnon said that the only reason to defer action would be an educational purpose .
We could put in the Danby Area News that the Board had a discussion and are now considering a
resolution regarding the Patriot Act at the October Meeting. Copies of the proposed resolution will
be made available for the public .
Councilperson Gagnon withdrew the proposed resolution until the October 13 , 2003 meeting so that
an announcement could be placed in the Danby Area News regarding the Patriot Act. There was
strong preference on the Board to act on the resolution tonight.
REPORTS
County Representative Report
County Representative Frank Proto reported on the following Congratulations to Councilperson
Varona-Lacey on her promotion to a full professor at Ithaca College and reported on the following:
County Budget - the County Board continues to review the budget. They are of the opinion not to
cut programs and are down to supporting the County Administrators recommended budget. Off
Track Betting- the Off Track Betting resolution passed.
Motion to Extend Board Meeting
A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the
Town Board of the Town of Danby extend the meeting to 9 : 30 p . m.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
Carried Unanimously
EMC Report :
Robert Roe congratulated the Town of Caroline for passing a resolution exempting agricultural lands
from fire tax. He reported on the following: EMC has finished its review and recommendations for
SEQR Type 1 action-the threshold for full environmental review. Recommendation for appointment
to the EMC for a 3 -year term to begin January 1 , 2004 are due to the County by November 12 , 2003 .
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September 15 , 2003
Highway Department Report :
Highway Superintendent William Hall requested permission to purchase a used Hydraulic Excavator
from the Town of Lansing.
The Board discussed methods of funding for purchase of highway equipment and funds to build a
salt shed.
RESOLUTION NO. 63 of 2003
APPROVAL HYDRAULIC EXCAVATOR FROM TOWN OF LANSING
By Councilperson Gagnon and seconded by councilperson Strichartz
RESOLVED, that the Town Board of the Town of Danby grants approval to the Highway
Superintendent to purchase a used Hydraulic Excavator from the Town of Lansing and that the
source of funding will be decided by the Board at a later date .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye Carried Unanimously
Dietrich Aye
RESOLUTION NO. 64 OF 2003
TRANSFER OF FUNDS - HIGHWAY DEPARTMENT
By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey
RESOLVED, that the Town Board of the Town of Danby transfers $ 148 . 77 from DA2770 to
DA5110 . 100 .
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye Carried Unanimously
Dietrich Aye
Motion to Extend Meeting
A motion was made by Councilperson Gagnon at 9 : 30 p . m. and seconded by Councilperson
Strichartz that the Town Board of the Town of Danby extend the meeting to 9 : 45 p . m.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
Carried Unanimously
RESOLUTION NO 65 OF 2003
AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE CLEAN
WATER/CLEAN AIR BOND ACT OF 1996
By Councilperson Gagnon : Seconded by Councilperson Nolte
WHEREAS, the Town of Danby, herein called the "Municipality", after thorough consideration of
the various aspects of the problem and study of available data, has hereby determined that certain
work, as described in its application and attachments , herein called the Project ; and
WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to
municipalities for water quality improvement projects by means of contract and the Municipality
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September 15 , 2003
deems it to be in the public interest and benefit under this law to enter into a contract therewith;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Danby
1 . That Fredric Dietrich, Town Supervisor or such person ' s successor in office is the
representative authorized to act in behalf of the Municipality ' s governing body in all matters
related to State assistance under ECL Article 56, Title 3 . The representative is also
authorized to make application, execute the State Assistance Contract, submit Project
documentation, and otherwise act for the Municipality ' s governing body in all matters related
to the Project and to State assistance ;
2 That the Municipality agrees that it will find its portion of the cost of the Project and that
funds will be available to initiate the Project ' s field work within twelve ( 12) months of
written approval of its application by the Department of Environmental Conservation ;
3 . That one ( 1 ) certified copy of this Resolution be prepared and sent to the Albany office of
the New York State Department of Environmental conservation together with the
Application for State Assistance payments;
4 . That this Resolution take effect immediately.
A roll call vote on the resolution resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Motion to Approve Computer Purchase - Library
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the expenditure of the Danby Community Library
purchase of a computer from SHERPA Technologies , Inc . for $ 1061 . 00 as requested.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Motion to Approve Funding for Danby Fun Day
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby authorizes the sum of $ 125 . 00 payable to Supervisor Dietrich
for the Danby Fun Day at Jennings Pond on September 27, 2003 with the expense to be charged to
the Pond Account - A7150 .400 account.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
Special Meeting Scheduled
a motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that
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September 15 , 2003
the Town Board of the Town of Danby schedule a special meeting of the Board be held on Monday,
September 29 , 2003 following the budget workshop .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
APPROVAL OF WARRANTS
General Fund Warrant No. 9 of 2003
A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon the Town
Board of the Town of Danby approves the General Fund Warrant No . 9 of 2003 voucher numbers
365 -418 in the amount of $ 11 ,080 . 78 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
Carried Unanimously
Highway Department Fund Warrant No. 9 of 2003
A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that The
Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 9 of 2003
voucher numbers 137- 146 in the amount of $39, 588 . 19 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
Carried Unanimously
West Danby Water District Fund Warrant No . 9 of 2003
A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the
Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 9
of 2003 voucher numbers 32- 39 in the amount of $ 1 ,022 . 87 .
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
Carried Unanimously
CD 200 Fund Account
A motion was made by Councilperson Nolte and seconded by Councilperson Gagnon that the Town
Board of the Town of Danby approves the CD200 fund account voucher numbers 376 and 377 in
the amount of $ 145 . 88 .
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September 15 , 2003
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye
Carried Unanimously
Approval of the Town Supervisor ' s Report
A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the
Town Board of the Town of Danby approves the Town Supervisor' s report for the month of August
2003 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 Report
A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the
Town Board of the Town of Danby approves the Town Clerk' s Report for August 2003 as submitted.
A roll call vote on the motion resulted as follows :
Gagnon Aye
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 50 p . m .
(1140.1 ) Al Attic;
min- 9- 15 . 03 Carol W. Sczep 7, Town Clerk