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
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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
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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
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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
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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
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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 .
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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
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