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HomeMy WebLinkAbout2003-10-13 1 Town Board Minutes October 13 , 2003 TOWN OF DANBY TOWN BOARD MINUTES OCTOBER 13 , 2003 Regular Meeting PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol Sczepanski - Town Clerk Susan Howe - Highway Department Secretary Susan Beeners - Code Enforcement Officer Members of the Public : Roy Casterline , Bill Halton, Joseph McLaughlin, Andi Gladstone, Robert Roe, Devin McBride, Alexa Lacey-Varona, Karen Jamarusty, Brian Eden , Eileen Wright, Dan Klein. Ted Jones, Jennifer Edmondson and others . Supervisor Fredric Dietrich called the meeting to order at 7 : 00 p . m. and led all present in the Pledge of Allegiance to the American flag. B ill Halton reported that he, Kathy Halton and Mary Wimsat are members of the Tompkins County Bill of Rights Committee. They have come tonight to discuss the "Patriot Act" and it ' s effect on our constitutional guaranteed rights . They have sent a proposal for a resolution for the Danby Town B oard and are hoping that the Board will pass that resolution . The resolution urges our Congressional Representatives to repeal the "Patriot Act" because they feel that it dangerously goes against our constitutional rights . Councilperson Varona- Lacey read a communication that was sent to here from Willard Ticknor Daetsch in support of the resolution . Robert Roe reported that many of us are concerned with the Patriot Act and they are duplicated in the current bills under the State legislation (the echo terrorism bills) . Members of the public : Esther Dotson, Karen Jamarusty, Brian Eden, Kathy Halton, Jennifer Edmonson, Eileen Wright, Dan Klein Eric Miller, Susan Baker and Sarah Rubenstein/Gillis all reported to the Board that they agree with the efforts of the Tompkins County Bill of Rights Committee and urged the Board to pass the proposed resolution regarding the USA Patriot Act. RESOLUTION NO . 72 OF 2003 REGARDING THE USA PATRIOT ACT By Councilperson Strichartz : Seconded by Councilperson Gagnon 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 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 gui 2 Town Board Minutes October 13 , 2003 * 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. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously L ity 3 Town Board Minutes October 13 , 2003 Danby Community Park Committee Esther Dotson addressed the Board with an update on the Danby Community Park . She asked the Board to consider a resolution of support of the acquisition by the Danby Community Park Association of tax parcel 10 . - 1 - 78 and its proposed use for access road or; a letter of support for the application of a grant under the Tompkins County Commercial Civic Center Revitalization Program for improvement to tax parcel 10 . - 1 - 78 . RESOLUTION NO. 73 OF 2003 AUTHORIZATION FOR TOWN SUPERVISOR TO SEND LETTER OF SUPPORT - FOR THE DANBY COMMUNITY PARK ASSOCIATION GRANT APPLICATION By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to write a letter of support for the application of the Danby Community Park Association for a grant under the Tompkins County Commercial/Civic Center Revitalization Program, for improvements to the property the Park Association is acquiring (tax parcel 10 . - 1 - 78 ) . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Environmental Management Committee Bob Roe reported that he will submit an updated resume to send to the County for reappointment to the EMC . A copy of a draft resolution from the EMC the State Forest and the sample State Forest consensus was submitted to the Town Board for information . It now appears that there is a fifteen ( 15 ) year plan put in place for all the State Forest . It includes the criteria for projects in the State Forest. Our Comprehensive plan appears to be consistent with the quality of the deer management program being considered by the State . Highway Department Report : Sue Howe reported that the first three items in the report are action items on the Agenda. She reviewed the report with the Board. 1 . Transfer of Funds from DA5120 . 400 to DA5130 . 400 - Resolution requested. 2 . Snow & Ice Agreement with Tompkins County for September 2003 - December 2004 - Resolution requested. 3 . Correction to Budget Line Item DA5112 . 400 (CHIPS) - Resolution requested. She reported that with the cooperation of several towns loaning manpower and trucks that the surfacing was completed on Layen Road, Town Line Road, Brown Road and Lower Bruce Hill Road. Sue submitted the Town of Danby Highway Department Planned Projects for 2004 . RESOLUTION NO. 74 OF 2003 TRANSFER OF FUNDS FROM DA5120 .400 TO DA5130.400 By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby transfers funds in the amount of $3000 . 00 from DA5120 .400 to DA5130 . 400 to cover existing invoices for required repairs . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye 0 T 4 Town Board Minutes October 13 , 2003 Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 75 OF 2003 APPROVAL OF SNOW & ICE AGREEMENT BETWEEN TOMPKINS COUNTY AND THE TOWN OF DANBY By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby approves and signs the Snow & Ice Agreement between Tompkins COUNTY and the Town of Danby for the period of September 2003 to December 31 , 2004. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 76 OF 2003 AMENDMENT TO 2003 BUDGET FOR DA5112 .400 (CHIPS)B By Councilperson Nolte : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby amends the Town of Danby 2003 budget Account No . DA5112.400 from $92 ,689 . 00 to $92 , 530 .41 to reflect the actual amount to be received. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 77 OF 2003 AUTHORIZATION FOR TOWN SUPERVISOR TO SIGN MEGA GAS AGREEMENT By Councilperson Varona-Lacey : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the MEGA agreement for the purchase of natural gas . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 78 OF 2003 SET DATE FOR FISCAL YEAR 2004 PRELIMINARY BUDGET By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board sets the date of Wednesday, November 5 , 2003 at 7 : 00 p . m . for the Town of Danby Fiscal Year 2004 Preliminary Budget Hearing. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye 6 C e it I 1111' I I I I I I t 4 1 t 1 ff u d t lulu, 5 Town Board Minutes October 13 , 2003 Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously PROPOSED RESOLUTION NO. 79 OF 2003 PERMISSION FOR TOWN HALL CUSTODIAN TO ORDER ENTRY CARPETS By Councilperson Varona-Lacey : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby grants permission to the Town Hall Custodian to order new entry carpets for the Town Hall . 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 THE TOWN SUPERVISOR ' S SEPTEMBER 2003 REPORT A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Supervisor' s Report for September 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 THE TOWN CLERK' S SEPTEMBER 2003 REPORT 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 September 2003 report 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 APPROVAL OF WARRANTS Approval of General Fund Warrant No . 10 of 2003 A motion was made by Councilperson Strichartz and seconded by Councilperson Gagnon that the Town Board of the Town of Danby approves General Fund Warrant No . 10 of 2003 , voucher numbers 419- 467 in the amount of $ 10 , 771 . 78 . 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 Highway Fund Warrant No. 10 of 2003 t 6 Town Board Minutes October 13 , 2003 A motion was made by Councilperson Nolte and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the Highway Fund Warrant No . 10 of 2003 voucher numbers 147 - 161 in the amount of $43 ,798 . 51 . 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 West Danby Water District Fund Warrant No. 10 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 West Danby Water District Fund Warrant No . 10 of 2003 voucher numbers 40 - 44 in the amount of $ 528 . 78 . 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 TA85 Fund Warrant A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby approves the TA85 Fund Warrant . is 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 : 20 p . m . G w Carol W . Sczepsi, Town Clerk min- 10- 13 . 03 T