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HomeMy WebLinkAbout2021-04-21 Town Board MinutesTown of Danby Town BoardRegular Second Monthly Board Meeting+ Public HearingsWednesday 21 April 2021 at 7:00 PMvia Zoom Video Conferencing Meeting MinutesRoll Call :Town Board Joel Gagnon, SupervisorLeslie ConnorsJim HolahanSarah SchnabelMatt UlinskiTown Justices Garry HuddleTheresa KlingerTown Planner David WestTown Bookkeeper Laura ShawleyRecording Secretary Janice R. Adelman, Town Clerk 1.Call to Order at 19:02 by Town Supervisor Joel Gagnon1.1. Additions/Deletions to Agenda1.1.1. Add resolution to participate in community campaign for clean heat1.1.2. Councilperson Ulinski, in the wake of online/email discussion around rentersversus owners and how they contribute to the benefit of Danby, wants to create aresolution that supports everyone in this town regardless of property ownership.2.Public Hearings2.1. Open Development Area Proposal at 250 Marsh Road2.1.1. Hearing opened at 19:07.2.1.2. Planning Board held its own public hearing to consider the matter, then maderecommendations to the Town Board. The proposal now comes back to the TownBoard to decide.2.1.3. Summarized responses:All those who spoke in favor All those who spoke againstHayden BrainardKatharine HunterRuth WimsattBruce Richards Ted CraneRonda Roaring 2.1.4. Hearing closed at 19:202.2. Local Law to Amend Real Property Maintenance Law to Name The Code EnforcementOfficer as the Enforcing Official2.2.1. Hearing opened at 19:212.2.2. Summarized responses:All those who spoke in favor All those who spoke againstRonda Roaring Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Page 2 of 8 2.2.3. Hearing closed at 19:223.Privilege of the Floor3.1. Ronda Roaring spoke in response to Councilperson Ulinski’s renter vs property ownershipsuggested resolution by stating that the Census Bureau requires enumerators to gatherthis information as they have for decades. Roaring believes that many municipalities relyon this information for planning and zoning and doesn’t understand why CouncilpersonUlinski would find this question onerous.3.2. Katharine Hunter supports what Councilperson Ulinksi suggested and is glad to haverenters in the Danby Community knowing how much they can be involved in anycommunity.4.Correspondence4.1.New Danby Residents Needing Spectrum Wiring4.1.1. Resident Carol Bushberg noted that some clients are happy using Elon Musk’sStarlink satellite option; worth looking into.4.1.2. Councilperson Schnabel noted a similar situation in a different county where theycreated a neighborhood petition that all of the houses that were not serviced bySpectrum would be willing to sign up with their service if Spectrum were to lay thecables.4.2.Report from Marnie Kirchgessner re Recreation Partnership and County Youth AdvisoryBoard5. Announcements5.1. Progress on South Hill Recreation Trail extension5.1.1. After long negotiations with NYSEG about what kind of access the Town could getand under what terms, they have offered a perpetual easement on the property,retaining the right to shared use, to co-exist with us in the town’s use of the trails.5.1.2. Under the proposed agreement, even if NYSEG were to bury lines or electric orwhat-have-you, they would do their work and then put the trail back the way it was.5.1.3. The framework for doing this remains to be worked out. It could be an agreementwith one municipality or jointly with all municipalities. The framework is expected tobe finalized in the next month or two.6.Consent Agenda6.1. Warrants6.1.1.General Fund No 8 Vouchers 121-134 for $8,745.336.1.2.Highway Fund No 8 Vouchers 86-93 for $8,950.59Resolution 77 of 2021 To Approve Consent Agenda Moved By:Connors Seconded By:Schnabel Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Page 3 of 8 Ulinski X Gagnon XResolution 77 approved. 6.2. Town Bookkeeper Laura Shawley noted that there are some bills from Halco related tothe grant we had received that were not included in the abstract. Shawley would likeCouncilpersons Holahan and Ulinski to do an inspection before paying the approximately$39,800 bill due.Resolution 78 of 2021 To Allow Laura Shawley to Pay the Halco Invoice Contingent uponTown Board Members’ Inspection of the Work Moved By:Ulinski Seconded By:Connors Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 78 approved. 7.Old Business7.1.Authorize video conference participation expenditure7.1.1. Discussion7.1.1.1. Town Clerk Adelman proposed considering the Televic company’s offerings astheir equipment and expertise is specifically for hybrid council meetings. Theyoffer easy plug-and-play options for piping Zoom into the units as well as anautomated camera that pans to between the various speakers, including audiencemembers who approach the mic, and the room at large.7.1.1.2. The downside was the increased price tag of up to $13,300 for the cameratracking solution. Clerk Adelman made the argument to invest in a sturdy andlong-lasting solution rather than throwing money away on a quick fix that wouldnot meet our needs down the line.7.1.1.3. Some felt that the plan to buy a webcam, a TV, a cart, and cables was the samecobbling attempt that has been implemented in the past; others felt it was notcobbling but trying to find the best equipment at the cheapest price.7.1.1.4. It was noted that the recently passed American Rescue Plan funding wasavailable specifically for things like this that would bring municipalities into thisnew era of technology. Resolution 79 of 2021: Authorize Video Conference Participation Expenditure: Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Page 4 of 8 Whereas, the Town Board wants to continue video conferencing ability for Townmeetings after the expiration of NYS Executive Order No. 202, and Whereas, the Town has consulted René Carver about video conferencing solutions for theTown’s main meeting room, so, therefore, be it, Resolved, that the Town Board authorizes expenditure of up to $2100, from budget lineA1620.410 - Information Technology, for the purchase of: a 55” or 65” TV, a TV cart, acamera and microphone, wireless keyboard with trackpad, and miscellaneous cabling,and be it Further Resolved,that the Town Board authorizes the Town Supervisor to enter into acontract with René Carver for an amount not to exceed $1200, from budget lineA1620.410 - Information Technology. The contract will be for professional assistance withdesign, installation, and training for the video conferencing system. Moved By:Gagnon Seconded By:Holahan No further discussion.Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 79 approved on 21 April 2021. 7.2.Consider adopting Marsh Road Open Development AreaLink to 250 March Subdivision ApplicationResolution XX of 2021: Adoption of Open Development Area for 250 Marsh Rd: Whereas, The Town Board directed the Planning Board to review the proposal for an OpenDevelopment Area at 250 Marsh Rd. to advise and recommend any conditions as may helpenable and minimize any negative impacts from the subdivision and development of theparcel, and Whereas, The Planning Board advertised and held a public hearing on the OpenDevelopment Area at a Special Meeting of the Planning Board on March 31st, and Whereas, The Planning Board after discussing the proposal with members of the public inattendance did provide guidance to the Town Board, and Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Page 5 of 8 Whereas, The Town Board has reviewed the guidance provided by the Planning Board andthe potential impacts from approving an Open Development Area versus the impacts thatcould or would occur from developing the site without an Open Development Area,whether pursuant to obtaining building permits, seeking formal subdivision reviews andapprovals, or other methods of implementing land development rights, and Whereas, The Town Board finds that developing the parcel(s), as proposed, and utilizingthe existing access easement on the abandoned portion of Deputron Hollow Rd., is inkeeping with the Comprehensive Plan by protecting rural character and minimizingenvironmental damage while also promoting the orderly development of land in thisparticular area of the Town. So, therefore, the Town Board of the Town of Danby has resolved and determined asfollows, so be it Resolved, that the Town Board does hereby adopt an Open Development Area that appliesto Parcel 502200-12.-1-21 also known as 250 Marsh Rd., with the following conditions: ·Access must be provided using the abandoned portion of Deputron Hollow Rd. and theaccess way must be preserved at it’s current width, as much as possible, with any wideningor tree removal limited to the minimum impact required for safe emergency access.·Future development of residential structures must be limited to the development areaoutlined on the subdivision application.·The Planning Board must document conformance with the Town of DanbyComprehensive Plan in protecting the rural character of the area in its review of anysubdivision application.·As a condition to subdivision the applicant must dedicate a conservation easementlimiting future development potential, with (i) a maximum of 2 existing homes on Parcel B;(ii) 1 new home on Parcel C, and (iii) and one Accessory Dwelling Unit on Parcel C, with (iv)no new homes or residential structures to now or hereafter be located or emplaced uponParcel A.·A mutual access and maintenance agreement between affected property owners for theshared access drive is required, in a form as approved by the Town, including as to ensurecontinuing emergency access, prior to subdivision final plat approval. Moved By:Gagnon Seconded By:Schnabel 7.2.1. Discussion7.2.1.1. Councilperson Schnabel stated that overall this is the Town’s best option interms of environmental concerns, but questioned whether or not it should bevoted on tonight if some Board members have not had the chance to read theapplication and the conservation easement that it’s tied to.7.2.1.2. Supervisor Gagnon also noted that the conservation easement has not beenfinalized but provide an update stating that multiple changes had been made Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Page 6 of 8 which were entered into a document using track changes. This document wasreviewed by Gagnon and CAC Chair Clare Fewtrell. The document was thenreviewed by Town Attorney Guy Krogh and received by Gagnon today to be sharedwith the applicants’ attorney Hayden Brainard. Gagnon reiterated that nothing inthe revised document changes what the Town Board has already agreed to:–limits the subdivison to the three lots proposed with no further possibilityto subdivide–allows the two proposed dwelling units on Parcel B, nothing on Parcel A,and one on Parcel C with the potential for an accessory dwelling unit in thefuture.7.2.1.3. Supervisor Gagnon further described that the subdivision approval iscontingent upon the ODA being approved; if not, then it needs to be reworked toincorporate access by road instead of by easement and driveway. Thus the ODAwill enable the access by driveway.7.2.1.4. Supervisor Gagnon concluded that if the ODA is approved tonight then thePlanning Board would be able to complete the review and potentially approve thesubdivision at the next meeting.7.2.1.5. The Town Board members discussed whether the modified documents Gagnondescribed would mean they were voting on something that they had not fullyreviewed prior to now.7.2.1.6. Councilperson Schnabel had one specific issue around the two types ofvalues—natural and exceptional. Only one of those is protected in the Ag & Forestzone; what’s included in as a natural value is the fact that the location is theheadwaters for Six Mile Creek so there’s no extra protection in there. In section2.02a, instead of providing protection for the unnecessary impact of exceptionalvalues, Schnabel recommended adding protection for the unnecessary impact onboth natural and exceptional values.7.2.1.7. None of the Town Board wanted to vote on this tonight without seeing all ofthe documents in their final form.7.2.1.8. Attorney Hayden Brainard asked for clarification about what exactly willhappen between now and the next meeting.–Brainard will review the draft prepared by Guy Krogh.–Determine acceptability by Wimsatts.If the Wimsatt’s agree that it’s perfect and sign it, what will happen at the nextboard meeting?–The Town Board can review and respond in writing possibly before thenext board meeting.7.2.1.9. Supervisor Gagnon withdrew the motion.7.3. Possible appointment to TCCOG Broadband Committee7.3.1. Councilperson Schnabel received notice from Zachary Lind, CIO at Ithaca City SchoolDistrict, that he is interested in being the Danby rep.7.3.2. Gagnon thought that Ric Dietrich was interested; Councilperson Ulinski hasconferered with Dietrich that he is interested but may not be the best fit for the role.7.3.3. Ulinski will discuss with Ric again.7.3.4. Item tabled until May 10 meeting.7.4.Possible Adoption of Local Law No 4 of 2021 to Amend Real Property Maintenance LawLink to Draft SEQR for Adoption Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Page 7 of 8 7.4.1. Short Environmental Assessment Form for AdoptionResolution 80Moved By:Gagnon Seconded By:Connors Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 80 approved on 21 April 2021. Resolution 81 to Adopt Local Law No 4 of 2021Moved By:Schnabel Seconded By:Holahan Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 81 approved on 21 April 2021. 8.New Business8.1.Community Campaign to Reduce Energy UseResolution 82 of 2021: Approving Town of Danby Participation in a Community Campaign toLower Resident Energy CostsWHEREAS,NYSERDA is currently offering generous incentives for low-to-moderate incomehouseholds for insulation and air sealing, energy efficient heat pumps, and heat pump waterheaters, and WHEREAS,some of these incentives are time limited, and WHEREAS,HeatSmart Tompkins is offering municipalities the opportunity to participate in aCampaign for Clean Heat to provide information and coordinate resident sign-ups for theseservices, and WHEREAS,the campaign offers residents free assessments for home energy improvements,and Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Page 8 of 8 WHEREAS,successful participation in this campaign will result in greater comfort and energysavings for participating households and potential grant funding for the Town, and WHEREAS,the Danby E+S (Energy + Sustainability) committee wishes to partner withHeatSmart Tompkins on this campaign, and WHEREAS,the Campaign will include a Clean Heating and Cooling Webinar in early May orJune that will be open to all residents, and WHEREAS,the Town of Danby wishes to help residents lower their energy costs, and topromote clean indoor and outdoor air, now THEREFORE BE IT RESOLVED,that the Danby Town Board hereby approves Townparticipation in the HeatSmart Tompkins Campaign for Clean Heat from 4/21/2021 to12/31/2021. Moved By:Holahan Seconded By:Connors Full Disclosure from Councilperson Schnabel that her company installs these heat pumps. Vote:Councilperson Aye No Abstain Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 82 approved on 21 April 2021. 9. Discussion of Next Meeting Date & Agenda9.1. Councilperson Ulinski to draft resolution supporting renters and new residents.9.2. ODA vote9.3. TCCOG Appointment9.4. Workplace Violence?10. Adjourn at 21:00 _________________________________________Submitted by Janice R. AdelmanTown Clerk