HomeMy WebLinkAboutTownBoard_Minutes_20180108Danby Town Board
Minutes of Organizational and Regular Meeting
January 8, 2018, 7pm
Present:
Councilpersons: Leslie Connors, Ric Dietrich (Supervisor), Jim Holahan, Jack Miller, Matt
Ulinski
Others Present:
Town Clerk Pamela Goddard
Code Paul Hansen
Bookkeeper Laura Shawley
Public Ted Crane, Rick Dobson, Ronda Roaring, Katharine Hunter, Dan Klein, Pat
Woodworth, Charles Tilton.
Organizational and Regular Meeting Opened at 7:08pm
Supervisor’s Statement
Dietrich made a formal statement regarding his vacating the Executive Session during the December
18, 2017 Town Board meeting.
“Discrimination and prejudice should be confronted, otherwise we are complicit in the act. I voted not
to go into executive session as I wanted a frank and open discussion of qualifications and experience of
candidates. I was confronted, in my opinion, by immediate discrimination and extreme prejudice toward
half of the candidates. Since this was the basis of their reason to reject candidates outright, I could not in
good conscious participate.”
Privilege of the Floor
Ric Dobson spoke to complain about “zoning changes” and to object to a “stop work order” which
has been placed on his property.
Ted Crane informed the Board about upcoming events being presented by the Danby Community
Council, including a Bluegrass concert on Jan. 21 and tax preparation workshops to be held in February.
He suggested that the Town owes the Town Clerk’s office a round of thanks for working to mail tax bills
in time for pre-payment so that Danby property owners can take advantage of deducting state and local
tax ahead of changes in the Federal Tax change, effective 2018.
Katharine Hunter invited the Board and members of the public to the Danby Community Council
annual meeting, to be held on Wednesday January 10. The DCC is seeking new members and volunteers
for its activities. Hunter outlined more of the planned educational and entertainment programming
planned for 2018. Hunter additionally spoke in appreciation of the Supervisor’s statement regarding the
process for discussing applicants to volunteer boards. She expressed frustration with the interview process
and encouraged the Board to more complete transparency and public participation in consideration of
volunteer board appointments. In her opinion this would increase public interest and involvement.
In the spirit of disclosure and transparency, Ronda Roaring asked Connors to clarify her working
relationship with Frank Kruppa and Ed Bergman and whether there was any conflict of interest in her
involvement in those appointments? Connors clarified that her only work relationship with Bergman is
that they sit on a sub-committee together. Kruppa is not Connors’ immediate supervisor, although they
both work for Tompkins County Mental Health. Connors stated that there was no conflict of interest in
her voting on their appointments.
Pat Woodworth asked whether sound recordings were made and kept of Conservation Advisory
Council meetings. Ulinski responded that no meetings of the CAC have ever been recorded. Minutes are
taken of each meeting. Woodworth asked why not and suggested that it would be “safer” for all to have
all meetings sound recorded. Supervisor Dietrich responded that, while there is no requirement for voice
recordings, CAC meetings could be recorded in the future. This will be arranged.
Organizational Resolutions
Clerk Goddard distributed the annual Organizational Resolutions and outlined changes compared to
the previous year. The salaries have been updated in Resolution #2, Tompkins Trust Company has been
added as a bank depository in Resolution #5 (reflecting changes of accounts for the Town Clerk and Tax
Collection deposits), mileage reimbursement has been updated in Resolution #7, and the number of miles
of roads and amount for general expenditure for road repairs updated in Resolutions # 10 and 11.
Connors stated her view that she would like to see the Deputy Supervisor be a member of the elected
Town Board. She asked that Resolution #17 be considered on its own. Dietrich gave his rationale for
keeping Rebeca Brenner as his Deputy. Brenner has been involved in talks with the Fire Department
regarding the needs of emergency services and her continued involvement is important. In addition,
Dietrich wishes to have continuity of service by retaining Brenner as Deputy Supervisor.
Miller asked a question regarding the amount in “Idle Funds.” Bookkeeper Shawley responded to this
with information that investing idle funds would not be done without Board review and approval. The
Town is investigating this as a possible revenue source.
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Organizational Resolutions: January 8, 2018
Supervisor’s Statement to the Board:
Robert's Rules of Order will be followed at all Town Board Meetings, except when special roll call vote is
necessary. Roll call will be alphabetical by last name, but with the Supervisor voting last.
All meetings will begin and end at times to be specified during January’s Organizational Meeting.
Method of claims for payment of all bills will be by voucher. Vouchers and items for the agenda must be
submitted to the Supervisor or the Town Clerk.
The Town Board will audit all bills. Research will determine which section of Town Law requires this
supervision.
All personnel matters will be discussed in executive session.
RESOLUTION NO. 1 OF 2018 - APPROVAL TO INVEST IDLE FUNDS
Resolved, that the Town Board of the Town of Danby authorizes the Supervisor to invest idle funds.
RESOLUTION NO. 2 OF 2018 - APPROVAL OF YEAR 2018 SALARIES
•Town Board, Council persons, total 11,287 (2,821.75 x4) .....................................
•Town Supervisor 27,860 ...............................................................
•Deputy Town Supervisor 2,822 ....................................................
•Assistant to Supervisor 10,928 .....................................................
•Bookkeeper 22,731 .......................................................................
•Town Justices, total 30,840 (15,420 x2) .................................................................
•Court Clerk 16,140 .......................................................................
•Highway Superintendent 60,245 ..................................................
•Deputy Highway Superintendent 53,414 .....................................
•Highway Secretary 28,836 ...........................................................
•Town Clerk 38,229 .......................................................................
•Code Officer 52,651 .....................................................................
•Planner 40,130 ..............................................................................
•Water Plant Operator (West Danby) 13,135 .................................
•Water Plant Operator Assistant (West Danby), total 3,633 .........
•Water Clerk (West Danby) 4,708 .................................................
Total $417,589 ................................................................................
Resolved, That the Town Board of the Town of Danby authorizes the Supervisor to pay the above salaries. The
salaries shall be paid prior to the first Town Board meeting of each month, and December payrolls will be adjusted to
meet all budget requirements.
RESOLUTION NO. 3 OF 2018 - PAYMENT OF BILLS
Resolved, That the Town Board of the Town of Danby approves a blanket resolution to authorize the Town
Supervisor to pay utility bills, health insurance, freight, postage, contracts, and to conduct other normal proceedings,
such as payroll, in advance of audit in order to keep affairs moving on a timely basis, and be it further
Resolved, That a contract is not a bid award.
RESOLUTION NO. 4 OF 2018 - 2017 FINANCIAL REPORT
Resolved, that the Town of Danby Town Supervisor, in lieu of preparing a financial report under NYS Town Law
Article 3, §29.10, shall submit to the Town Clerk by March 1, 2018 a copy of the report submitted to the State
Comptroller required by Section 30 of Municipal Law.
RESOLUTION NO. 5 OF 2018 - TOWN OF DANBY OFFICIAL NEWSPAPER AND BANK DEPOSITORY
Resolved, That the Town Board of the Town of Danby names the Ithaca Journal as its Official Newspaper and Key
Bank and Tompkins County Trust Company as banks for the depository of Town Funds.
RESOLUTION NO. 6 OF 2018 - NAMING OF DANBY ATTORNEYS
Resolved, That the Town Board of the Town of Danby names the law firms of Miller Mayer, LLP and Thaler and
Thaler to represent the Town of Danby in all Zoning, Planning Board, and General Town of Danby business. The
Town Board reserves the right to seek other legal aid if it deems necessary.
RESOLUTION NO. 7 OF 2018 - MILEAGE REIMBURSEMENT FOR TOWN MILEAGE
Resolved, That the Town Board of the Town of Danby authorizes reimbursements for private automobile mileage
incurred on Town Business to be paid at the rate of fifty five cents ($0.55) per mile.
RESOLUTION NO. 8 OF 2018 - REAFFIRMATION OF TOWN OF DANBY PROCUREMENT POLICIES AND PROCEDURES
Resolved, That the Town Board of the Town of Danby reaffirms the Town of Danby Procurement Policies and
Procedures (as established in Resolution No. 24 of 1993, amended in 2004 and 2010).
RESOLUTION NO. 9 OF 2018- AUTHORIZATION FOR PURCHASE OF TOOLS, EQUIPMENT, ETC.
Resolved, That the Town Board of the Town of Danby authorizes the of Danby Highway Superintendent to purchase
tools, equipment (other than motorized equipment), small implements, tires and tubes, etc. in the amount not to
exceed $2,500 at any given time without prior approval of the Town Board.
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RESOLUTION NO. 10 OF 2018 - HIGHWAY IMPROVEMENTS REIMBURSEMENT
Resolved, That the Town Board of the Town of Danby be authorized to sign an agreement that monies collected for
repairs and improvements of Town Highways in the amount of $170,000 (State Aid DA3501) be expended upon 70.2
miles of Town of Danby highways.
RESOLUTION NO. 11 OF 2018 - AGREEMENT TO SPEND TOWN HIGHWAY FUNDS - 2018
Pursuant to the provisions of Section 284 of the Highway Law, the Town Board of the Town of Danby agrees that
money levied and collected for the repair and improvement of highways, and received from the state for repair and
improvement of highways, shall be expended as follows:
1.General Repairs. The sum of $307,737 may be expended for general repairs upon 70.2 miles of town highways,
including roads, culverts, and bridges.
2.Improvements. The following sum shall be set aside or be expended for the improvements of town highways:
$170,000 in CHIPS money to be spent on projects to be determined by the Highway Superintendent at a later
date.
No money set aside for such improvements shall be expended, nor shall any work be undertaken on such
improvements, until the Town of Danby approves the specifications and estimates for such construction.
RESOLUTION NO. 12 OF 2018 - TOWN BOARD MEETINGS
Resolved, That the Town Board of the Town of Danby regular monthly board meetings be scheduled at 7:00pm on
the second and third Monday of each month for the year 2018.
RESOLUTION NO. 13 OF 2018 - HEALTH CONSORTIUM APPOINTMENT
Resolved, That the Town Board of the Town of Danby appoints Laura Shawley as its representative to the Health
Insurance Consortium.
RESOLUTION NO. 14 OF 2018- ACKNOWLEDGMENT OF DEPUTY TOWN CLERK
Resolved, That the Town Board of the Town of Danby acknowledges the Town Clerk’s appointment of Susan
McLellan as her Deputy Town Clerk.
RESOLUTION NO. 15 OF 2018 - ACKNOWLEDGMENT OF DEPUTY HIGHWAY SUPERINTENDENT
Resolved, That the Town Board of the Town of Danby acknowledges the Highway Superintendent’s appointment of
Jack Shawley Jr. as his Deputy Superintendent.
RESOLUTION NO. 16 OF 2018 - ACKNOWLEDGMENT OF COURT CLERK APPOINTMENT
Resolved, that the Town Board of the Town of Danby acknowledges the Town Justices’ appointment of John Norman
as Danby Court Clerk.
Moved by Connors, Second by Ulinski. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
The Board continued discussion of resolution #17, Deputy Supervisor. Holahan stated that he
understood Dietrich’s reasoning, and that Brenner although had done a good job in the past, he would also
like to see the Deputy Supervisor be a member of the elected Town Board. He asked that Dietrich
consider asking Brenner to attend as many Board meetings as possible and otherwise stay informed of
what is happening with Town business.
Ulinski asked for clarification that appointment of a Deputy Supervisor is at the discretion of the
Town Supervisor and the Supervisor can appoint who they choose. This was confirmed. It was noted that
non-elected Board members have been Deputy Supervisor in the past. There is precedent for this action.
RESOLUTION NO. 17 OF 2018 - APPOINTMENT OF DEPUTY SUPERVISOR
Resolved, That the Town Board of the Town of Danby acknowledges the Supervisor’s appointment of Rebecca
Brenner as his Deputy Supervisor.
Moved by Holahan, Second by Connors. The motion passed.
In Favor: Holahan, Ulinski, Dietrich
Opposed: Connors, Miller
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Warrants
ABSTRACT #14 OF 2017:
GENERAL FUND
#562-575 for a total of $31,557.09
Moved by Holahan, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
HIGHWAY FUND
#274-285 for a total $17,090.94
Moved by Miller, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
ABSTRACT #1 OF 2018:
GENERAL FUND
#1-20 for a total of $85,323.92
Moved by Ulinski, Second by Holahan. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
HIGHWAY FUND
#1-3 for a total $110,900.40
Moved by Ulinski, Second by Dietrich. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
WEST DANBY WATER DISTRICT FUND
#1-2 for a total $3,016.11
Moved by Ulinski, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Appointments
Supervisor Dietrich suggested that consideration of appointments to the Planning Board, Board of
Zoning Appeals, and Conservation Advisory Council wait until all of the applicants (new and re-applying)
could be interviewed. All current applications for seats on the PB, CAC, and BZA were distributed to the
Board. Interviews with all of the applicants will be arranged for the next TB meeting.
Ulinski asked whether there was any conflict with his continuing to serve on the CAC now that his a
Town Board member, and whether there was any conflict with his serving as Chair. Clerk Goddard noted
that the enabling resolution for the CAC specifies that a member of the TB can be a seated member of the
Council. Supervisor Dietrich stated that, while the issue of a TB member serving as Chair of an Advisory
Council is an open question, he saw nothing in the current situation that would be a conflict of interest.
The Board discussed appointments of Chairs to the various Boards. Dietrich stated that he would like
to have input from the BZA prior to appointing a Chair of that board. Gary Bortz had declined to continue
to serve as BZA Chair. Connors suggested that the appointment to Planning Board Chair could proceed,
as Frank Kruppa is willing to serve another year. Ulinski suggested that members of the CAC be allowed
to give their recommendation for Chair.
RESOLUTION NO. 18 OF 2018 - APPOINTMENT OF PLANNING BOARD CHAIR
Resolved, That the Town Board of the Town of Danby reappoints Frank Kruppa to Chair of the Planning Board.
Moved by Connors, Second by Dietrich. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Appointment Procedure Review, Reaffirm
There was an extensive discussion. Connors suggested that the current appointment procedure be
reaffirmed for 2018 so that a policy is in place. Review and revision of the procedure could then follow at
a later date. Dietrich stated that he did not want to vote on what he viewed as a deeply flawed policy. He
thought that it be a lengthy discussion.
RESOLUTION NO. 19 OF 2018 - REAFFIRMATION OF TOWN OF DANBY APPOINTMENT PROCEDURES
Resolved, That the Town Board of the Town of Danby reaffirms the Town of Danby Appointment Procedures (as
established in Resolution No. 59 of 2011).
Moved by Connors, Second by Miller. The motion was tabled.
The discussion continued, with particular focus on the provisions for executive session for discussion
of applicants. Dietrich wanted the Board to put consideration into the criteria for choosing applicants to
fill volunteer board seats. He referred to his opening statement and advocated for a system that would be
less subjective, based on credentials rather than personalities. He stated his strong opposition to the
current procedure.
Connors noted that there had been an attempt to revise the Appointment Procedure in 2016. That
attempt was never completed or voted on. She agreed that this could be a lengthy discussion, but that the
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Board should have something in place at this time. Connors and Miller stated that they were also opposed
to appointment choices based on personalities.
Miller asked for clarification as to whether appointments could or should proceed if the appointment
procedure was not reaffirmed. Clerk Goddard noted that many years of appointments were made prior to
an appointment procedure being adopted in 2011.
Ulinski noted that he has not had the opportunity to read and review the current Appointment
procedure. Other Board members had also not reviewed the procedure in recent months. Clerk Goddard
will resend the procedure to all of the current TB members. Holahan suggested that a vote on the
procedure wait until all the members have had a chance to read and review.
There was further discussion regarding the role of executive session and the limitation of what may
be discussion in executive session and what may be discussed about executive session. Clerk Goddard
provided some information. She will make an effort to arrange training on Executive Session and Open
Meetings Law with Robert Freeman, the Committee on Open Government. There was some discussion of
whether a vote on the procedure should wait until after this training takes place.
There was discussion of whether to table the motion until the next TB meeting. Dietrich and Holahan
suggested that the motion be tabled for a week, to allow time for Board review of the current procedure.
Dietrich would like to see the procedure outline qualifications for viable candidates on Town boards.
MOTION - TABLE CONSIDERATION OF REAFFIRMATION OF TOWN OF DANBY APPOINTMENT PROCEDURES
Resolved, That the Town Board of the Town of Danby reaffirms the Town of Danby Appointment Procedures (as
established in Resolution No. 59 of 2011).
Moved by Holahan, Second by Dietrich. The motion passed.
In Favor: Holahan, Ulinski, Dietrich
Opposed: Connors, Miller
Arrangements will be made to have Robert Freeman, NYS Committee on Open Government, present
training on Executive Session for the Board.
Short Reports - Code, Court, Town Clerk
A Code report was made by Code Officer Paul Hansen. The first commercial solar array, 50kW, was
installed at “Fort Locks.” These were roof-installed solar collectors. The annual fire safety inspections
have been completed. He gave a brief history of the revenues received for building permits over the past
5–10 years. Revenue received during 2017 was above average.
Justices’ reports from Huddle and Klinger were circulated. A jury trial will be held in mid-January.
The December Town Clerk’s Report; $884.00 was received in the month of December for one fishing
license, 41 dog licenses, and two building permits. Clerk Goddard made a brief report of pre-pay of the
2018 property tax bills. More than $800,000 was collected during the last week of December and first
week of January. This is far more than the average tax collection for the beginning of the month. A
Records Management year-end report, compiled by Mary Ann Barr, was circulated among the Board.
General information for the Annual Association of Towns meeting was received and made available
to the Town Board. !!
Adjournment
The meeting adjourned at 8:55 pm. !!!!!
______________________________________
Pamela Goddard, Town Clerk
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