HomeMy WebLinkAboutTown Board Minutes January 06, 2020Town Board Meeting Minutes_20200106 •Monday, January 6, 2020 Page 1 of 8
Danby Town Board, Minutes of
Organizational and Regular Meet ing
Danby Town Hall
January 6, 2020
Present :
Councilpersons -Leslie Connors, Joel Gagnon (Supervisor), Jim Holahan, Sarah Schnabel,
and Matt Ulinski
Others Present :
Town Clerk: Alexandra Pfeifer
Town Justice: Gary Huddle
Highway Superintendent: Carl Seamon
Bookkeeper: Laura Shawley
Code Officer: Steve Cortright
Town Planner: Jason Haremza
Members of the Public : Margaret “Marnie” Kir chg essner, Elana Maragni, Pat
Woodsworth, Ted Crane, Pamela Goddard, Dale L. “Lew” Billington, Katharine Hunter,
Ronda Roaring, Matt Cooper, Kim Overby and Gary Karetzky, Susan Franklin, Al Becker.
Meeting began at 7pm .
Clerk Pfeifer administered the Oath of Office to Supervisor Gag non.
Ulinski added Workplace Violence Prevention Policy (WVPP) and Sexual Har ass men t Policy
to the agenda . Holahan added an Update on the CDBG g rant.
Privilege of the Floor:
Former Town Clerk Goddard read a statement regarding the Town’s Appointment procedure
and how she disapproves of the nature of the open applicant process , especially regarding
her husband , Ted Crane. Ulinsk i asked how to reconcile open meeting process with appli-
cant process. Goddard replied that the board can review applications ahead of time, use
executive session, and think out of the box in general .
Marnie Kirch g essner questioned why the Town uses Key Bank instead of a l ocal bank; such
as Chemung Canal and Elmira State Bank. Joel said he would make a note of it. She also
voiced admiration for the Highway Department when she had a problem with her driveway .
Kirchgenssner s aid that the PB (and planning in general) is important to her because her
home is her children’s birthr ight. Kirch gessner asked i f the p rocess not fair to get on plan-
ning board, then how fair would the process be to her if she were to develo p her land.
Franklin mentioned the notions of m essaging and fairness ; saying that e veryone has value.
Town Board Meeting Minutes_20200106 •Monday, January 6, 2020 Page 2 of 8
Lew Billington commented on the need for transparen cy with the Town Board appointments .
Billington remarked on giving up on politics in the 1980’s and the need for dissenting
votes, using the former Danby school as an example.
Susan Franklin introduced herself as the outgoing president of the DCC. She n oted Crane ’s
gathering information ability, as well as his passion . Fran klin said that his voice needs to
be heard. She, too wished for t ran sparency with the application process and suggested
having closed meetings for the interview process and then move to the public forum.
Katharine Hunter , too agreed w ith Franklin about r e -looking into the town’s appointment
procedure and how the board interviews and select s the candidates . Hunter a greed with Su-
san Franklin, remarking that Cra ne does his research. Hunter remarked on the questions
asked on app lication form , especially the one about hobbies . Hunter also mentioned feeling
uncomfortable about applying for positions b ecause of the application process.
Ronda Roaring asked T B to make sure that the Town Historian produced year -end reports
in person or on paper , and that the town should have a rep resentative to the EMC (Enviro n-
mental Management Council).She als o remarked on the Town Clerk’s salary, how the board
doesn’t follow Robert’s Rules of Order , how the town employe es should n ot have a 2%
COLA (Co st of Living increase), a nd how the meeting agenda was not posted in a timely
manner. Superviso r Gagnon apologized for not having the agenda posted on the website .
Pat Woodworth said that the board has not been consistent in procedures, and that the
can didates have alre ady been chosen ahead of time . Woods worth does not approve with the
candidates being i n close proximi ty of each other while being interviewe d.
Steve Cortright introduced himself as the Town’s new Code Office r, mentioned his past ex-
perience in construction , as a Code Officer with the Town of Dryden and his involvement
with the West Danby Fire District . H is hours are 8:00-4:30 pm Monday -Friday , and he invites
residents to come in to meet and talk with him.
Ted Crane mentioned that the group Bird in Hand would be performing at 3pm on January
12th in the Town Hall.
Susan Franklin mentioned the DCC Annual Meeting, January 9 th at 7pm.
Justices’ Report :
Justice Huddle reported his concern with the new law that the Governor passed regarding
bail. (Joel m entioned that this is the controversial bill that is effective on 1/1/2020 and that
it is about chang ing bail.) H uddle is concerned that “they won’t be putting anyone in j ail
anymore.” Huddle noted that December was a busy month, with l ots of fines , surcharges,
and one wedding in the court room.
December Court Fees: Huddle -$4145.00 and Klinger -$864.50
Supervisor’s Opening Statement
Supervisor read the Opening Statement of the Supervisor, reiterating the use of Robert’s
Rules of Order to conduct town meetings and how the P rivilege of the F loor will procee d.
Supervisor Gag non emphasized order , reiterated how each person is allowed to spe ak for
three minutes, and must be reco gnized b y the Chair .
Salaries are updated for 2020.
Town Board Meeting Minutes_20200106 •Monday, January 6, 2020 Page 3 of 8
T HE B OARD CHOSE TO APPROVE R ESOLUTIONS 1 and 2 AS A GROUP :
RESOLUTION NO. 1 OF 2020 - 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 2020 - APPROVAL OF YEAR 2020 SALARIES
• Town Board, Council persons, total ............................11,740.64 (2,935.16 x4)
• Town Supervisor .........................................................28,985.34
• Deputy Town Supervisor ..............................................2,935.56
• Assistant to Supervisor ..................................................8,993.34
• Bookkeeper .................................................................23,648.70
• Town Justices, total .....................................................32,085.12 (16,042.56 x2)
• Court Clerk ..................................................................15,600.00
• Highway Superintendent .............................................62,677.98
• Deputy Highway Superintendent ................................55,571.64
• Highway Secretary ......................................................30,000.24
• Town Clerk..................................................................39,772.86
• Deputy Town Clerk .....................................................22,737.84
• Code Officer ................................................................52,500.00
• Planner ........................................................................65,000.00
• Water Plant Operator (West Danby) ...........................13,664.90
• Water Plant Operator Assistant (West Danby) ............ 3,779.10
• Water Clerk (West Danby) ............................................4,898.00
Total ........................................................................... $474,591.26
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.
Moved by Connors, Second by Ulinski The Motion passed.
In Favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
THE TOWN BOARD CHOSE TO APPROVE RESOLUTIONS 3-10 AS A GROUP:
RESOLUTION NO. 3 OF 2020 - 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, freight, postage, execute contracts (except for bid awards, which shall be executed
by the Town Board), and to conduct other normal proceedings, such as payroll, in advance of audit in order to
keep affairs moving on a timely basis.
RESOLUTION NO. 4 OF 2020 - 2019 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, 2020 a copy of the report submitted to the State
Comptroller required by Section 30 of Municipal Law.
Town Board Meeting Minutes_20200106 •Monday, January 6, 2020 Page 4 of 8
RESOLUTION NO. 5 OF 2020 - 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 Trust Co. as depositories for Town Funds.
Joel opened floor to Bookkepper Shawley. Shawley explained to Susan Franklin why the Town was using Key
Bank rather than a local bank. Reasons given were the relationship with Bob Fenner of 5-6 years, the equipment
replacement plan for Highway equipment, and Key Bank’s overall quality of service. Shawley is open to
interviewing other banks and looking at other purchasing agreements. Shawley noted that because it takes time
to decide on a new bank, that it would be appropriate to stay with Key Bank this year, and to look at a possibility
of a new bank in 2021. Shawley also mentioned the possibility of using an investment company.
Councilperson Schnabel asked why there are two banks-Tompkins Trust and Key Bank. Clerk Pfeifer answered
about how the Clerk’s office uses Tompkins Trust because of ease of use during tax season, especially with
remote deposits of checks.
RESOLUTION NO. 6 OF 2020 - 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 2020 - 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-seven and a half cents ($0.575) per mile.
RESOLUTION NO. 8 OF 2020 - REAFFIRMATION OF TOWN OF DANBY PROCUREMENT POLICIES AND PROCE-
DURES
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 2020 - TOWN BOARD MEETINGS
Resolved, that the Town Board of the Town of Danby regular monthly board meetings be scheduled at 7:00pm
on the first and second Monday of each month for the year 2020.
Ulinski proposed holding Town Board meetings offsite (i.e. West Danby) and at different times in order to
promote more community engagement.
RESOLUTION NO. 10 OF 2020 - 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 $3000 at any given time without prior approval of the Town Board.
Moved by Ulinski, Second by Connors. The Motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon.
The Town Board chose to Approve Resolutions 11-20 as a group:
RESOLUTION NO. 11 OF 2020 - HIGHWAY IMPROVEMENTS REIMBURSEMENT
Resolved, that the Town Board of the Town of Danby will sign an agreement that monies collected for repairs
and improvements of Town Highways (State Aid DA3501, Consolidated Highway Improvement) be expended
upon 70.2 miles of Town of Danby highways.
RESOLUTION No. 12 of 2020 - Agreement to spend town highway funds - 2019
Resolved, that 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:
Town Board Meeting Minutes_20200106 •Monday, January 6, 2020 Page 5 of 8
1. General Repairs. The sum of $267,786 may be expended for general repairs upon 70.2 miles of town high-
ways, including roads, culverts, and bridges.
2. Improvements. in the allocation of CHIPS money to be spent on town highway improvement projects will be
determined by the Highway Superintendent, with the concurrence of the Town Board, 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 Board approves the specifications and estimates for such construction.
RESOLUTION NO. 13 OF 2020 - 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 2020- ACKNOWLEDGMENT OF DEPUTY TOWN CLERK
Resolved, that the Town Board of the Town of Danby acknowledges the Town Clerk’s appointment of Jenny
Caldwell as her Deputy Town Clerk.
RESOLUTION NO. 15 OF 2020 - 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 2020 ACKNOWLEDGMENT OF COURT CLERK APPOINTMENT
Resolved, that the Town Board of the Town of Danby acknowledges the Town Justices’ appointment of Diane
Gair as Danby Court Clerk.
RESOLUTION NO. 17 OF 2020 - 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).
Connors moved to approve the procedures in the current form, and look at them again in February. Gagnon
stressed importance of getting appointments done in a timely manner. Ulinski would like to talk to the town
attorney regarding the Open Meeting Law.
RESOLUTION NO. 18 OF 2020 - APPOINTMENT OF DEPUTY SUPERVISOR
Resolved, that the Town Board of the Town of Danby acknowledges the Supervisor’s appointment of Matt
Ulinski as his Deputy Supervisor.
RESOLUTION NO. 19 OF 2020- APPOINTMENT OF PLANNING BOARD CHAIR
Resolved, that the Town Board of the Town of Danby reappoints Jim Rundle to Chair the Planning Board.
RESOLUTION NO. 20 OF 2020 - APPOINTMENT OF BOARD OF ZONING APPEALS CHAIR
Resolved, that the Town Board of the Town of Danby reappoints Earl Hicks to Chair the Board of Zoning
Appeals.
Moved by Connors, Second by Holahan. The Motion Passed
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
RESOLUTION NO. 21 of 2020-APPOINTMENT OF EMC REPRESENTATIVE
Resolved, that the Town Board of the Town of Danby appoints George Adams as Danby Town Representative
to the EMC (Environmental Management Council).
Moved by Ulinski, Second by Connors. The Motion Passed
In favor: Connors, Holahan, Ulinski, Gagnon. Abstain: Schnabel
WARRANTS
2019-GENERAL FUND
Town Board Meeting Minutes_20200106 •Monday, January 6, 2020 Page 6 of 8
#535-568 in the amount of $34,640.99
Moved by Connors, Second by Holahan. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
2019-HIGHWAY FUND
#366-385 in the amount of $68,096.22
Moved by Connors, Second by Holahan. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
2019-WEST DANBY WATER DISTRICT
#14 in the amount of $196.28
Moved by Connors, Second by Holahan. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
2020-GENERAL FUND dated January 6, 2020
#1-6 in the amount of $13,134.29
Moved by Ulinski, Second by Holahan. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
2020-HIGHWAY FUND dated January 6, 2020
#1-8 in the amount of $162,336.75
Moved by Ulinski, Second by Holahan. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
2020-WATER DISTRICT dated January 6, 2020
#1-2 in the amount of $2,368.52
Moved by Ulinski, Second by Connors. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
APPROVAL OF DECEMBER 9 MINUTES
Moved by Ulinski, Second by Holahan. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
Water District Interviews/Appointments
Neither Skip Fairchild or Bruce Richards were in attendance. However, Supervisor Gagnon noted Bruce
Richards’ experience on the Planning Board, saying Bruce was “a known quantity.” Gagnon also noted that the
TB had Skip Fairchild’s application for re-appointment to the Water District.
RESOLUTION NO. 22 OF 2020-APPOINTMENT OF WEST DANBY WATER COMMISSIONERS
Resolved, that the Town Board of the Town of Danby appoints Bruce Richards and Skip Fairchild to the West
Danby Water Board.
Moved by Holahan, Second by Connors. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon
Town Board Meeting Minutes_20200106 •Monday, January 6, 2020 Page 7 of 8
CAC Interviews
Supervisor Gagnon noted how the CAC expanded number possible positions from five (5) positions to seven to
nine (7-9). Gagnon suggested re-appointing Clare Fewtrell and himself to the board. Fewtrell said she became
member of CAC two years ago, and has really enjoyed her time so far. Fewtrell, if re-appointed, hoped she
would be able to get more done in the coming term. Ulinski supported Fewtrell’s re-appointment.
Gagnon asked Hunter if she would like to interview tonight. Hunter agreed, and said that she applied for a
position on the CAC because of her planning and zoning interests, and because she also has time. Ulinski
supported Hunter’s appointment, noting that she possesses the awareness, passion and interest in the position.
Gagnon also supported Hunter’s appointment to the CAC.
RESOLUTION NO. 23 OF 2020-APPOINTMENT OF CAC MEMBERS
Resolved, that the Town Board appoints Clare Fewtrell, Katharine Hunter and Joel Gagnon as members of the
Conservation Advisory Council.
Moved by Ulinski, Second by Holahan. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski Abstain: Gagnon
RESOLUTION NO. 24/25 OF 2020 - APPOINTMENT OF CONSERVATION ADVISORY COUNCIL CHAIR
Resolved, that the Town Board of the Town of Danby appoints Clare Fewtrell to Chair the Conservation
Advisory Council.
Motion moved by Gagnon. Seconded by Holahan. The motion passed.
In favor: Connors, Holahan, Schnabel, Ulinski, Gagnon.
Planning Board Interviews
Four (4) Danby residents interviewed for 2 (two) Planning Board Appointments. One would replace Supervisor
Gagnon, whose term ends in 2024, and the other will serve the full seven (7) Year term though 2026. The
residents are Elana Meragni, Matt Cooper, Kathy Jett, and Ted Crane. The Town Board decided to interview
them in alphabetical order. Elana Meragni chose to excuse herself from the room while the other candidates
conducted their interviews in order to honor the discrepancies in the application process. After each applicant
told the TB their backgrounds, the applicants were asked questions such as: why are you applying for this
position, what are the biggest challenges facing Danby, and what would you change about Danby? Once the
interviews ended, the TB decided not to appoint the two Planning Board positions until the January 13th meeting,
after they sat in Executive Session at 6:30pm.
Proposal to Create a Planning Group
Supervisor Gagnon proposed creating a committee/board that would be open to all-comers that would focus on
land-use planning. He would like the board to be diverse with interested and talented people. The focus would
be planning, not regulation. This new committee would report to the Planning Board, would be subject to the
Open Meetings Law and would have its own secretary, minutes, and agenda. Due to time constraints, the
Resolution would not be voted on until the next Town Board meeting on January 13, 2020.
Code Report
Steve Cortright gave the Board a handout that recorded the number of Building Permits, Certificates of
Compliance, and other permits to residents. He mentioned that a good amount of time was spent organizing his
office. Ulinksi asked if in future reports if he could report new construction lots a list of new (active) permits.
Town Board Meeting Minutes_20200106 •Monday, January 6, 2020 Page 8 of 8
Planner’s Report
In the interest of time, Planner Haremza told the Board to read his handout, and talked about the highlights of
the month, which included his outreach regarding the on the Howland Rd. Hemp operation and contacting the
people involved with it, working with the PB committee to draft Commercial Design Guidelines, and scheduled a
public hearing on January 13th regarding the trail license agreement with NYSEG to allow for an extension of the
South Hill trail along the former railroad (DL&W) right-of-way.
Town Clerk’s Monthly Report
In December 2019 the Town Clerk’s office collected a total of $883.00. The amount dispersed to the Town
Supervisor was $793.33. Animal Control was paid $53.00, NYS DEC was paid $14.17, and the NYS Health
Department was paid $22.50 for one (1) Marriage License.
32 Dog Licenses were sold for a total of $401.00. Also sold were: One (1) Game of Chance License for $25.00,
two (2) FOIL requests for $1.50, and a $15 donation to the CAC. The Clerk’s office also processed two (2)
Building Permits for a total of $102.50 and two (2) Planning Fees that amounted to $245.00.
Clerk Pfeifer said that the lower amount paid to the Supervisor and collected through the Town Clerk’s office was
most likely due to the office being closed for the holiday from December 23rd-January 1st.
Meeting Adjourned at 9:20pm.
______________________________________________
Alexandra Pfeifer, Town Clerk