HomeMy WebLinkAboutTownBoard_Minutes_20180709Danby Town Board
Minutes of Public Hearing and Regular Meeting
July 9, 2018
Present:
Councilpersons: Leslie Connors, Ric Dietrich (Supervisor), Jim Holahan, Jack Miller, Matt
Ulinski
Others Present:
Town Clerk Pamela Goddard
Planning CJ Randall
Bookkeeper Laura Shawley
Public Ted Crane, Ronda Roaring, Pat Woodworth, Garry Huddle, Scott Davis
Public Hearing Opened at 7:04
PLEASE TAKE NOTICE, that the Town Board of the Town of Danby will hold a Public Hearing at 7:00 PM on July 9,
2018 at the Danby Town Hall, 1830 Danby Road, Ithaca, NY, to hear all interested parties and citizens for the
purpose of hearing public comments on the Town of Danby’s community development needs, and to discuss the
possible submission of one or more Community Development Block Grant (CDBG) applications for the 2018 program
year. The CDBG program is administered by the New York State Office of Community Renewal (OCR), which makes
funding available to eligible local governments for housing, economic development, public facilities, public
infrastructure, and planning activities, with the principal purpose of benefitting low/moderate income persons. The
hearing will provide further information about the CDBG program and will allow for citizen participation in the
development of any proposed grant applications and/or to provide technical assistance to develop alternate
proposals. Comments on the CDBG program or proposed project(s) will be received at this time. The hearing is being
conducted pursuant to the Town of Danby Fair Housing Plan and Section 570.486, Subpart I of the CFR and in
compliance with the requirements of the Housing and Community Development Act of 1974, as amended.
No written communication was received regarding this public hearing.
Planner CJ Randall explained the intent of the grant proposal. This will be an application to the
Community Development Block Grant program under “Planning Needs” for a housing survey in the
Town of Danby to inventory the state of housing and an assessment of repair or demolition needs. The
application is due by July 27. The last town-wide assessment of housing needs was done in 2002.
Addressing housing needs has been a long-term priority for the Town Supervisor and Code Office.
Dietrich spoke to both the need for the community and the impact of the amount of work on a limited
municipal staff. He voiced his support for this project, in terms of the quality of housing stock in the town
and this relation to the tax base. He thought that this would add valuable information to town operations.
Ted Crane commented that this was a great idea, as long as the grant covers the majority of
administrative costs. Dietrich and Randall attempted to assure him that staff is aware of their involvement
in the project. Much of the data collection can be done by an outside agency and that is figured into the
grant proposal. This should not have an onerous impact on staff time.
Holahan asked questions about the process for gathering data in the housing survey, whether forms
would be used or researchers will go door to door? Randall responded that several methods will be used,
including information from the Tompkins County Office on the Aging, Veterans groups, the local water
district, and emergency responders. HUD and CDBG also have standard, template terminology which can
be used in data collection. Experienced data collectors will use this terminology for a detailed inventory.
Public Hearing Closed at 7:14
Regular Meeting Opened at 7:14pm
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Environmental Management Council Report - Anne Klingensmith
Klingensmith reported on activities of the Environmental Management Coucil. She informed the
board that she is no longer serving on the Unique Natural Areas committee, having moved her attention to
a new Waste Reduction committee. Klingensmith stated that there were no pressing actions with UNAs.
The Waste Reduction committee is working on various methods of reducing waste, county-wide. The
committee is working on writing a proposed single use plastic bag ban for Tompkins County. The
committee is working from models already in use in other places in the United States and around the
world. The goal is to encourage reusable grocery bags. This lead to a general discussion of waste
management in Tompkins County and the Finger Lakes.
Privilege of the Floor
Ted Crane read a statement on behalf of Katharine Hunter. “As a resident in Danby and owner of a
small parcel of woods, adjoined by several other owners of woods, I request that you not abandon a
potential and protective law that might serve to preserve our woods longer and in a healthy way with
management. I am hopeful that the Town of Danby and its associated Boards and Committees will not
abandon their efforts to draft and implement laws that protect landowners and their woods particularly in
light of the attendees at the June 11 meeting who actually ‘threatened’ the Town Board saying ‘if you pass
this law, No one/no lumber mill, purchaser will buy logs in Danby.’ I find that threat to be repugnant and
unacceptable to a Town who works well together for the residents and owners who live her I have found,
in fact, that our Town has a very broad view of its/our responsibility to the land and the surrounding
communities.”
Ted Crane made his own statement, addressing two topics. Crane spoke in support of a Timber
Harvest LL, and of methods to protect roads and have a structure for timber harvest notification and
permitting. Crane also spoke to the proposed Code of Ethics, noting that an missing “not” (relative to all
known model Codes) reverses a prohibition in the section regarding nepotism. When Ulinsky wondered
whether the error might be a typo and Crane expressed optimism regarding that explanation. Crane
suggested that the NYS Department of State model Code of Ethics for local governments is
comprehensive, clear, and could be adopted with only minor changes.
Connors commented on herbicide spraying and tree-trimming along gas and electric lines. She asked
whether the Town could take action to help inform residents of their options? This topic was further
discussed later in the meeting.
Ronda Roaring, commented on tree trimming by NYSEG and other companies. She stated that
property owners are not obligated to allow the power companies on their property.
Warrants
ABSTRACT #7 OF 2018:
GENERAL FUND
#274-307 for a total of $17,608.55
Moved by Connors, Second by Ulinski. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
HIGHWAY FUND
#132-164 for a total $25,156.17
Moved by Holahan, Second by Miller. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
WEST DANBY WATER DISTRICT FUND
#10-16 for a total $5,485.60
Moved by Connors, Second by Holahan. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
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Approve Minutes
MOTION - APPROVE MINUTES
Moved, That the Town Board of the Town of Danby approves the minutes of June 11 and 18, 2018.
Moved by Connors, Second by Holahan. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Highway Superintendent Referendum
Ulinski led a discussion regarding a timeline to get the question of changing Highway Superintendent
from an elected to an appointed position onto the November ballot. Ulinski circulated a proposed timeline
for this action. This timeline was created based legal requirements for a ballot proposition related to a
provisional Local Law.
There was some discussion of the best time to have a public information session regarding this
proposal. The public will be able to voice concerns during a public hearing to pass a provisional Local
Law enacting this change. The LL needs to be passed in August in order to meet a September deadline for
ballot propositions. Information about the proposition will be shared with the public in the August Danby
Area News. The Board may also send an informational mailing, with “Pro/Con” arguments, to residents
prior to that public hearing.
RESOLUTION NO. 53 OF 2018 - SET PUBLIC HEARING - LOCAL LAW CHANGING HIGHWAY SUPERINTENDENT FROM
ELECTED TO APPOINTED
Resolved, That the Town Board of the Town of Danby sets a Public Hearing, to be held on Monday August 20 at
6:30pm in the Danby Town Hall. This public hearing is to hear all public comments regarding a proposed Local Law
Changing from an Elected Town Highway Superintendent to an Appointed Town Highway Superintendent. This Local
Law is subject to mandatory referendum, according to the provisions of Section 23 of the Municipal Home Rule Law.
The Law does not take effect until the approval of a majority of electors voting thereon.
Moved by Ulinski, Second by Holahan. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Code of Ethics
Ulinski opened a discussion about a draft Code of Ethics for the Town of Danby. Ulinski and Connors
are working on this document together, and hoped to have it complete in a short time. Dietrich asked for
clarification as to who would be covered by this Code of Ethics. It would cover all elected and appointed
Town officials serving on Town boards.
Ulinski distributed sample conflict of interest disclosure forms and asked the Board to review them
before the next meeting.
There was a discussion of an Ethics Advisory Board to govern the policy and adjudicate disputes and
concerns. Discussion centered on what form this should take. The Town could use an Ethics Board
appointed by the Town Board, or could ask the Town Attorney to serve this function. Dietrich asked
whether the Town Attorney would be willing to do so? Ulinski wondered whether this would be a conflict
of interest? Dietrich suggested that this question be directed to the attorney for determination. Dietrich
suggested that it might be better to have “outside people” aka, non-board members, evaluate possible
ethics violations as an independent group so that boards are not investigating themselves. Holahan
suggested an Ethics Board comprised of one member from each board. Ulinski supported this idea, with
the awareness that an Ethics Advisory board member may need to recuse themselves from an
investigation. There was not a final agreement on this issue.
Ulinski and Connors will continue to work on this.
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Pipeline Herbicide Spraying and Tree Cutting
Ulinski reported a concern from a resident, Katharine Hunter, regarding herbicide spraying along gas
pipelines. Buckeye Pipeline Company has sent letters informing property owners that, over the summer,
“In an effort to maintain a clear right-of-way, we will be conducting a herbicide application project to
control the regrowth of brush, trees and invasive plant species that has occurred since our last mowing
and clearing project.” Hunter has gotten a waiver to have her property not sprayed and cut. She was
concerned that not all property owners are aware that they have the option of a waiver. This was discussed
during the most recent CAC meeting (June 25). The CAC passed a resolution requesting that the “Town
Board investigate contacting Buckeye regarding information on non chemical alternatives to Herbicide
application.”
Residents Scott Davis and Ronda Roaring described their experiences and concerns. There were
suggestions for alternatives to “overkill” clearing.
The Town will reach out to invite representatives of NYSEG and pipeline companies (Buckeye,
Dominion, Enterprise, Crestwood) operating in the Town of Danby to talk about property owner
notification and alternatives to herbicide spraying and clear cutting. There are also concerns about
herbicide spraying by the County and other agencies. Primary concerns relate to timely notification for
property owners and the ability to “opt-out” of herbicide application and clear cutting.
Planning Board Vacancy and need to appoint Chair
Clerk Goddard informed the Board of at least two potential applicants for the vacancy. Connors stated
that she knew of one other person considering applying. Supervisor Dietrich reported that he has been in
touch with PB members and has asked them to give him feedback on a preferred Chair for the remainder
of this year. Additional information should be available at the next TB meeting.
Forestry/Timber Harvest Ordinance Report
Ulinski and Randall reported on a discussion of the draft Timber Harvest Local Law, held during the
most recent CAC meeting. Ulinski reported that many responses, pro and con, have been received
regarding the proposed ordinance. Danby resident Bruce Richards (employed by Wagner Lumber)
attended the meeting and gave the Town of Vestal Timber Harvest LL as a potential model. This helped
inform a discussion which Ulinski characterized as productive. The Vestal LL incorporates stormwater
protection plans as part of its process.
Ulinski reported that current thinking is that the Town does not want to prevent timber harvesting, but
rather wants to protect adjacent land and infrastructure while allowing forestry. There may be ways to use
zoning to control logging, with the proper disclosure forms, permitting processes, and thresholds
including SWPP. The CAC suggests reviewing the Town’s road use laws and revising as needed to create
a “stop work order” if infrastructure is being damaged. Dietrich emphasized the importance of disclosure
and permitting in logging operations.
Ulinski added that the the CAC is planning to include logging best practices as part of its public
education and outreach efforts. He expected that these education sessions will take place over the next
year.
Scott Davis commented on the current direction of this effort. Davis supports having a Town of
Danby ordinance that puts all the rules in one place. This need not be an onerous ordinance, but would
help add weight to efforts for land and infrastructure protection. Ulinski stated that the current thinking
was to have the same result incorporated into several existing ordinances, rather than a new one. No final
decisions were made as to the exact methods of protection and enforcement.
Planning Report
A Planning report for the month of June was given by CJ Randall. The Planning Board will work in
the Zoning Audit at its next meeting.
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Progress is continuing on the design and installation of a TCAT bus shelter in Dotson Community
Park. The Dotson Park Association and NYS Dept. of Transportation are now involved. A meeting is
being organized for this summer. Formal agreement details need to be worked out.
Hansen will give a report regarding coordinating the placement and installation of a dual port EV
charging station at the next TB meeting. The site agreement as been signed. It is hoped that the unit will
be shipped in the next month.
The Verizon wireless tower on the VFW property near the northern boundary of the Town is installed
and should be online soon. This should improve wireless service for some and my provide a better cell
phone signal for the EV charging station.
Randall reported a meeting with the City of Ithaca Flood Study team. Randall reported that the City is
looking at major projects related to dredging and a FEMA flood protection study. This has opened the
opportunity for collaboration related to sediment control related to runoff from Towns such as Danby. The
engineers working on the Brown Road stream revitalization project are also working with the City of
Ithaca on its dredging and flood study. The end goal will be joint applications to County Planning for
capitol infrastructure projects. This will help protect the ecology of Cayuga Lake.
There was a related discussion expressing concerns about ditching by NYS and County DoT and silt
runoff due to heavy rain at the same time. Dietrich responded that concerns have already been directed to
the County DoT.
Short Reports - Justices, Town Clerk
Copies of the Justices’ monthly reports were circulated to the TB.
Clerk Goddard presented a Historian’s Report on behalf of Mary Ann Barr. Barr has answered several
history questions and visited the site of an old homestead on the property of a Danby resident. Barr has
researched and arranged an historic “Walk and Talk” history event related to the Danby Community
Church. This event is sponsored by Historic Ithaca. The history event will take place on Saturday July 14
and will last about one hour. Barr is also working on a display of Danby history at the Tompkins County
History Center. This exhibit will be on display for three or four months, starting in July.
Goddard reported that Barr and Pfeifer attended training related to records management, with a focus
on electronic records. One result of this training is a draft disclosure agreement form regarding use of
Town Email, to be signed by all Town officials whether hired, elected, or appointed. This form is intended
to assure that all Town officials have read and understood the Town of Danby Email policy. Members of
the Board indicated their support for this form.
The June Town Clerk’s Report; $2,184.45 was received in the month of May for two days of fishing
license sales, 32 dog licenses, 12 building permits, and one marriage license. $2,073.87 was disbursed to
the Town Supervisor, $50.08 to NY DEC, and $38 to the NYS Animal Population Control Program, and
$22.50 to the NYS Health Department.
Adjournment
The meeting adjourned at 8:37 pm. !!!!!
______________________________________
Pamela Goddard, Town Clerk
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