Loading...
HomeMy WebLinkAbout2021-05-10 Town Board MinutesTown of Danby Town BoardRegular First Monthly Board MeetingMonday 10 May, 2021 at 7:00 PMvia Zoom Video Conferencinghttps://zoom.us/j/98085159868?pwd=cDJmU2xVeGw2KzN3T1d1dnJZRTFIQT09 Meeting MinutesRoll Call :Town Board Joel Gagnon, SupervisorLeslie ConnorsJim HolahanSarah SchnabelMatt UlinskiCounty Legislator Dan KleinTown Justices Garry HuddleTown Planner David WestTown Code Enforcement Officer Steve CortrightTown 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 Bridge NY engineer discussion to go after announcements1.1.2. Table Renters Resolution until next meeting.2.Privilege of the Floor2.1. Ted Crane commented on two items in the agenda, the first on the solar farm item;the second regarding OnlyOffice platform. Crane voiced his opposition to both items.2.2. Hayden Brainard thanked the Board members and Guy Krogh on the time spent sincethe last meeting in clarifying issues in the conservation easement for the Wimsattproperty.2.3. Cindy Parlett appeared to represent the Danby Public Library and its desire to re-opento the public, which will be discussed later in the meeting.2.4. Mark Holochuk submitted a letter to be read by the Town Clerk:I would like to take the opportunity to explain to the residents of the town of Danbya situation which will shed light on the noise ordinance petition currently floatingaround the community. My name is Mark Holochuck and I own the propertyabutting Betsy Wohl and her husband who reside at 958 Tallow Hill Rd. Severalmonths ago I was forced to serve Ms. Wohl, my neighbor of 20+ years, with aCEASE and DESIST order, to restrain her from slandering my good character,intimidating and harassing me by calling the sheriff, Department of Health andother local agencies in an attempt to unlawfully have me arrested and prevent mefrom building on my own property. It has come to my attention that an onlinepetition to change the current noise ordnance law is being circulated and if passedthis ordinance will only hurt people like myself who require generators to conduct Town of Danby Town Board Meeting 10 May 2021 Page 2 of 11 electricity for my cabin. A generator forced upon me by neighbors who have deniedme electricity to be supplied by NYSAG. It is my opinion that those spear heading the noise ordinance petition are notlooking out for the best interests of the residents of the town of Danby. It is mybelief that this noise ordinance petition is being used to further harass me andprevent me from occupying and enjoying my lawfully owned property. This pastSaturday code enforcers were again unnecessarily summoned to my property onanother bogus complaint initiated through the department of health. Intimidatingtactics such as calling the Department of Health, the Land Trust, the DEC, CodeEnforcement and even the local Sheriff (all of which is documented, audio/videorecordings) in an effort to have me unlawfully arrested/summonsed have beenused against me. My neighbors have written emails to NYSAG and others townofficials, involving themselves in my personal private business. I have owned theproperty located at the end or Tallow Hill Rd. directly adjoining Ms.Wohl’sproperty designated 960 Tallow Hill Rd. I purchased this property in 1999 andhave spent the past 20 years planning to build on and beautify the land. Tragedystruck my family several years ago when my wife suddenly died, leaving myself andmy only child to make major adjustments in our lives. Since this time, me and myson have decided to spend more time on our beautiful Danby property attemptingto enjoy nature through the privacy our land affords. On multiple occasions during the past few years my family has been greeted at ourproperty by unleashed aggressive dogs, snarling, growling and approaching us eachtime we arrive. These dogs have followed us as we walked our property causinggreat fear and anxiety at times. When I discovered that the dogs belonged to BetsyWohl and her husband, I respectfully requested that they leash their dogs. I alsoinformed Ms. Wohl that the dogs were scaring my son and guests, making itdifficult for anyone to feel safe while visiting. My concerns fell on deaf ears. I find this very interesting that my neighbors, who have extreme difficultyfollowing local dog leash ordinances and licensing requirements (as per townwebsite, Ms. Wohl has an expired dog license and failed to register her second dog)desire a new noise ordinance be passed and obeyed by town residents. Ms. Wohland her husband continued to allow their dogs to roam my land and on each visit Ifaced the same issue of aggressive dogs on my property. (I have video andphotographic evidence to provide anyone who is interested in viewing.) I waseventually forced to involve the SPCA who responded and summonsed Ms. Wohland her husband for their unleashed dogs. Her dogs continue to cross onto myproperty unleashed and a solution to this problem seems hopeless. Is it nothypocritical that Ms. Wohl and her husband blatantly and flagrantly ignore the dogleash and licensing laws of this town while supporting new town laws that theybelieve could benefit them? Possibly forcing me to shut down my only source ofelectricity? Early last year I decided to purchase a recreation cabin for my land so my son andmyself would have a place to eat and sleep comfortably while visiting Danby. Iinquired with NYSAG for electric service and requested an on-site meeting to Town of Danby Town Board Meeting 10 May 2021 Page 3 of 11 extend the electric from Ms. Wohl’s residence to our land/cabin. A short time aftermy meeting with NYSAG I was notified by NYSAG employees that Ms. Wohl andMr. Weisburg had opposed any installation of electric poles to my residence anddenied any use of the main road to extend electric to my land. In a compromise Iagreed to go underground with electric lines as long as the electric route was runalong the road that leads to my property. This too was opposed by my neighbors asthey claimed their goats would have unnecessary stress/anxiety and they may haveto move a pile of wood stored on their property. Excuse after excuse and a laundrylist of unreasonable demands to prevent me from gaining electricity from NYSAG.NYSAG eventually stated they would not extend electric lines to my propertywithout Ms. Wohl and Mr. Weisburg’s permission. This was due to privateownership rights of their property and claims made by Ms. Wohl that the roadleading to my property was actually owned by her. A road that is ironically servicedand maintained by the town at tax payer expense. I had been left with no choice but to place a generator on my property to power mynew cabin. This triggered multiple calls to the Sheriff as well as other agencies (alldocumented and recorded) demanding my arrest for the noise my gas rungenerator made. The Sheriff’s responded and agreed that no crime had beenbroken. No action was taken against me. It is my belief that my neighbors are nowattempting to subvert state and local laws in an effort to pass a noise ordinancecode which will inevitably be used against me to force the removal of my generator.The generator, which is lawfully on my property is the only source of power to mycabin. In my opinion this is continued intimidation and harassment by myneighbors who will pursue any means necessary to prevent me from staying on myproperty. Had my neighbor’s allowed NYSAG to run electric to my cabin theywould not have to listen to my generator when it is on; a generator which islawfully placed on my property. I believe the town of Danby has a right to know the true objective of this proposednoise ordinance. Are my neighbors truly concerned about the residents of Danbyand noise? OR is it the sound of a generator coming from my property that trulyconcerns them? Is this not an extremely underhanded approach to resolving afixable issue with a neighbor? I believe this noise ordinance attempt is just anotherGIANT manipulation tactic by my neighbors who believe they can further insult meby taking away the only source of electricity I have. It is also my belief that the goodpeople of Danby are being misled into signing this petition which may result inirreparable harm to residents who may mistakingly violate a noise ordinance whenhaving a gathering at their home or on their property or when they run a generatoras in my case. Multiple reasons are listed as to why a noise ordnance is beneficial tothe public in the petition but I believe it fails to disclose its true underlyingpurpose. I find it odd, that my neighbors have this new found passion for noisereduction and a desire to create new local laws while they themselves continue toviolate and break the unleashed dog laws. I also find it very troubling that publiclyfunded taxpayer agencies are being used to target and harass me unnecessarily viacomplaints and visits to my property that all end as UNFOUNDED. Town of Danby Town Board Meeting 10 May 2021 Page 4 of 11 The actions of my neighbors in my opinion is simply adult bullying. For the sake ofthis community I would hope that the members of DANBY’s town board can seethrough this circus act of manipulation. It is my personal belief that no person nomatter who they are or who they know should be permitted to use the law, orpublic agencies as a tool to impose harm on others under false pretenses. This willand can only do more harm than good. My neighbor’s recent experience with thesound of a running generator can only be attributed to their own doing. In denyingme electric from NYSAG to my cabin I am forced with having to run a generator. I ask that if this board agrees on a noise ordinance that they consider my currentsituation with regards to my electricity and permit the use of generators on privateland without restrictions especially if it is to supply essential services(electricity/water) to a resident’s home or cabin. Respectfully yours,Mark Holochuck 960 Tallow Hill Rd.3.Correspondence3.1.Speed Limit on Danby Road (https://onlyo.co/2Q4Gsyv)4.Announcements - None5.Reports & Presentations5.1. Lisa Marshall, Program Director of HeatSmart re NYSERDA Clean Heating & EnergySaving Programs5.1.1. Marshall provided a presentation describing the HeatSmart program5.1.2. The Town needs to designate a point-person to work with Lisa Marshall on thescoping document.5.1.3. Contact information for HeatSmart:lisa@heatsmarttompkins.org, 607-500-HEAT5.2. Bridge NY Funding Discussion5.2.1. Town of Danby received grant funding to upgrade three bridges; however, theseprojects are underfunded such that the expenses to the town in the end will beextraordinary. Although the town has received $450k grant funding, the townwill likely also be putting in $1 million of its own to fund the three projects dueto the regulations required in the DOT grant award.5.2.2. If the town surrenders the BridgeNY grants, the town would ultimately spendless money doing the bidding, hiring, and contracting ourselves than if we wereto work off the grant funding process.5.2.3. One engineer who is very experienced with BridgeNY grants recommendedputting in another application that he could submit for us, to get the threeculverts funded at the proper amount.5.2.4. If the town does not get the additional grant, and we forfeit the BridgeNY grantfunding, we could potentially pay for it ourselves through CHIPS funding.Resolution 83 of 2021: to forgo our previous award under BridgeNY program andReapply using Foit-Albert Associates as our consulting engineers. Moved By:Gagnon Seconded By:Schnabel Town of Danby Town Board Meeting 10 May 2021 Page 5 of 11 5.2.5. Discussion involved the BridgeNY award amount, the new application amountrequested, and the delayed timing for completing these projects. Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 83 approved.5.3. David Norbut of Norbut Solar Farms on a prospect for Danby5.3.1. Norbut offered a glimpse of a very preliminary proposal for a solar farm inDanby.–They have not completed any wetland delineation, nor topography surveys,nor army corps of engineers surveying.–They have submitted an application (PSA form) to NYSEG and are awaiting fullapproval which will require a second step involving a CESIR study.–Norbut Solar Farms does not rent the land for a solar farm, but ratherpurchases all of the land to enable long-term development agricultural farm.5.3.2. Supervisor Gagnon offered that if this is of interest to the town, a planneddevelopment zoning might be the next step.5.3.3. Councilperson Schnabel asked about the decommissioning plans and bonds fordecommissioning described on their website. Norbut noted that the bond isgiven to the town in which after a set amount of time without any solar usage,the town can cash in the bond, have the farm dismantled, and the parcel putback to its previous state.5.3.4. Gagnon asked what the expected life span is. The model is right around 30–35years. Norbut tells people that in 20 years, the farm will still be generating at80% of its capacity; hopeful that it is a longer-term add to the grid.5.3.5. What are the next steps? Norbut would like to put an application into the townwhich goes to the Town Board. The Town Board would request recommendationfrom the Planning Board. Norbut’s application would also include a 3-parcelsubdivision due to constraints by NYSERDA to have 5kw arrays per parcel.5.3.6. Supervisor Gagnon noted that since this is the first that anyone here has heardof it, he is uncertain of the receptivity, particularly by the neighbors. Norbut hasspoken to the adjacent neighbors but has not connected to the other 2–3neighbors to put together a screening plan.5.3.7. Next steps for Norbut is to put a more detailed proposal together and speakwith the Planning Board.5.3. Town Planner Town of Danby Town Board Meeting 10 May 2021 Page 6 of 11 5.4.1. Previous Planning Board Meeting–Approved 3-lot subdivision at Hornbrook and Nelson.–Began reviewing 250 Marsh Road subdivision application–Approved site plan for Mike Nelson’s E Miller property5.4.2. Next Planning Board Meeting–Public Hearing on 250 Marsh application–Public Hearing on 1725 Danby Road special permit application–Norbut Solar Farms Discussion5.4.3. Ongoing meetings for Zoning Update–Conservation Working group reviewed the first complete map draft of thetown with the way zones could be laid out; this will change during the updateprocess.–Conservation group also started discussing the parameters for zones which isthe work product slated to be done soon; upcoming meetings will be themost important discussions about zoning for the year.–Hamlet Working Group reviewed draft parameters for two zones—Hamletcenter zone and a Hamlet neighborhood zone.5.4.4. West has also been working with Ag & Markets on reviewing our firstapplication for an outside user agreement for the West Danby Water District tomove that process forward.5.4.5. West has had conversations with landowners lining up test sites for a septiccapacity for the Hamlet; and is working on a septic study.5.4.Code Enforcement Officer (https://onlyo.co/2RnuEI8)5.5.Town Clerk (https://onlyo.co/3tgmtdO)5.6. County Legislator, Dan Klein5.6.1. Howland Road Ag District Update at Ag & Farmland Protection Board forapproval. As noted at the previous Board Meeting, the request for inclusionwent on to Tompkins County’s PEEK Committee who denied the request and willnot be included in the Ag District. This outcome is in line with the Danby TownBoard’s recommendation.5.6.2. Tompkins County has already started the budget process by meeting and settinga goal for the year:–1.9% increase in the tax levy; considering it as a maintenance of effortbudget. That is, it will enable TC to do everything they’re doing now, butnothing new.–The 1.9% increase translates to a $24 increase on a medium-priced ($200k)home.–The estimated tax cap is 2.3%.–All of these numbers are preliminary and can change when things arefinalized in the fall.5.6.3. Tompkins County is beginning work on a redistricting commission for the countylegislature. Town of Danby Town Board Meeting 10 May 2021 Page 7 of 11 –After every 10-year census, the county legislature reviews its need toredistrict.–Over the next couple of months, the commission will outline the parametersof what they want to do, recruit some people, and hopefully have them onboard by September when the census data should be released.–10 years ago, TC was the only county in NY State to have an independentredistricting Commission, which is the plan again this year.–Klein’s goal is to try to keep the Town of Danby intact in the County district.6.Consent Agenda6.1. Approval of Minutes6.1.1.12 April 2021 (https://onlyo.co/33v2cXF)6.1.2.21 April 2021 (https://onlyo.co/2RHotyO)Resolution 84 of 2021 To Approve Consent AgendaMoved By:Schnabel Seconded By:Holahan Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 84 approved. 7.Old Business7.1. Councilperson Ulinski to draft resolution supporting renters and new residents. Tableduntil next meeting.7.2. ODA vote Resolution 85 of 2021: Adoption of Open Development Area for 250 Marsh Rd Whereas, The Town Board directed the Planning Board to review the proposal for anOpen Development Area at 250 Marsh Rd. to advise and recommend any conditionsas may help enable and minimize any negative impacts from the subdivision anddevelopment of the parcel, 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 thepublic in attendance did provide guidance to the Town Board, and Town of Danby Town Board Meeting 10 May 2021 Page 8 of 11 Whereas, The Town Board has reviewed the guidance provided by the Planning Boardand the potential impacts from approving an Open Development Area versus theimpacts that could or would occur from developing the site without an OpenDevelopment Area, whether pursuant to obtaining building permits, seeking formalsubdivision reviews and approvals, or other methods of implementing landdevelopment rights, and Whereas, The Town Board finds that developing the parcel(s), as proposed, andutilizing the existing access easement on the abandoned portion of Deputron HollowRd., is in keeping with the Comprehensive Plan by protecting rural character andminimizing environmental damage while also promoting the orderly development ofland in this particular 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 thatapplies to Parcel 502200-12.-1-21 also known as 250 Marsh Rd., with the followingconditions:·Access must be provided using the abandoned portion of Deputron Hollow Rd.and the access way must be preserved at its current width, as much as possible,with any widening or tree removal limited to the minimum impact required forsafe emergency access.·Future development of residential structures must be limited to the developmentarea outlined on the subdivision application.·The Planning Board must document conformance with the Town of DanbyComprehensive Plan in protecting the rural character of the area as well as theUNA and Six Mile Creek watershed in its review of any subdivision application.·As a condition to subdivision the applicant must dedicate a conservationeasement limiting future development potential, with (i) a maximum of 2 existinghomes on Parcel B; (ii) 1 new home on Parcel C, and (iii) and one AccessoryDwelling Unit on Parcel C, with (iv) no new homes or residential structures to nowor hereafter be located or emplaced upon Parcel A.·A mutual access and maintenance agreement between affected property ownersfor the shared access drive is required, in a form as approved by the Town,including as to ensure continuing emergency access, prior to subdivision final platapproval. Moved By:Gagnon Seconded By:Holahan 7.2.1. Councilperson Schnabel inquired about protecting the neighboring UNA. Thethird resolved bullet above was then modified to include protecting not only therural character of the area, but also the UNA and Six-Mile Creek watershed.7.2.2. Schnabel also noted that her previous recommendation in the conservationeasement regarding extraordinary and natural values had not been Town of Danby Town Board Meeting 10 May 2021 Page 9 of 11 implemented and asked whether the conservation easement comes back to theBoard for approval.–Supervisor Gagnon responded that Schedules A, B, and C are not fully fleshedout but will need to be before the Town Board can act on accepting theeasement.7.2.2. Councilperson Ulinski stated that he hopes we never go through this processagain due to the painstaking and timely (as well as painful) manner of theprocess. Ulinksi suggested that the board think about how to go about this in thefuture with hopefully better communication. Ulinski stated feeling bad foreveryone who has been involved in this and hoped that everyone can moveforward as good neighbors into the future.Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 85 approved.7.2.1. Supplemental Materials–Proposed Easement (https://onlyo.co/3vjSgMQ)–Subdivision Application Packet (https://onlyo.co/2QS0k8C)7.3. TCCOG Broadband Committee AppointmentResolution 86 of 2021 To Appoint Zachary Lind to the TCCOG BroadbandCommittee Moved By:Schnabel Seconded By:Connors Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 86 approved.7.4. Workplace Violence - no new updates.8.New Business8.1. Solar Farm Prospect - next steps is for Norbut to submit application.8.2. Possibility to Open Library to Patrons Town of Danby Town Board Meeting 10 May 2021 Page 10 of 11 8.2.1. Cindy Parlett spoke as one of the six volunteer librarians. Due to relaxing COVIDrestrictions, the library would like to re-open to patrons. Despite all library itemsbeing available online, many patrons are not able to access them. The librariansthought that they could potentially allow the patrons to enter while the TownClerk is in the office. Parlett noted that patrons don’t need to interact with anyother people in the building and that they will be required to wear masks. Incomparison, the other rural libraries have been allowing people to come in on alimited basis.8.2.2. Discussion involved whether a librarian would be on-site since Town Hallremains closed to the public except by appointment.8.2.3. Councilperson Ulinski suggested putting a proposal together similar to whatTCPL is doing with express browsing on a Saturday, for example, from 10-12; andhe noted that the Board should revisit the policy soon with the relaxingguidelines.8.3. Town Hall Software Purchases8.3.1.GovPilot vs SmartGov8.3.1.1. Clerk Adelman described the difficulties in the internal business flowthrough the town silos (i.e., clerk, code, planner, highway, water district). Thecurrent digital (software) infrastructure is not user-friendly and limitsfunctionality for engaging with residents efficiently and easily. To that end,Adelman has spent a great deal of time researching other municipalitysystems to bring the Town of Danby into the 21st century.8.3.1.2. Two standouts rose to the top: GovPilot’s GovPilot platform and DudeSolutions’ SmartGov.–GovPilot is priced by module; the ballpark estimate is between$20,000 (for 5 modules) and $26,000 (for 10 modules) per year.Modules include Pet Licensing, Construction, Zoning Permits, FOILs,Certificate of Occupancy, Marriage Licenses, Public Works, and more.Packaged pricing includes GIS Map and Report-A-Concernapplications.–SmartGov follows a hybrid pricing model with a ballpark figure of$7,668.53 annual subscription for the Town of Danby plus a one-timeimplementation and service charge of $15,614.20. SmartGov featuresinclude functionality for permitting and planning (e.g., centralizingpermit and project data), code enforcement (e.g., automatingenforcement from complaint submittal to resolution), and inspections(including field inspection capability to document and update on thespot).8.3.1.3. Discussion on this topic revolved around cost, timing, and the ability toinclude the Water District in the proposed software solutions.8.3.1.4. Clerk Adelman will follow up with both companies to clarify what optionswe can customize to suit our needs at a reasonable price and potentially havea demo for a future board meeting. Town of Danby Town Board Meeting 10 May 2021 Page 11 of 11 8.3.2.Trial of OnlyOffice is ending (https://onlyo.co/3txU1V2)8.3.2.1. The Town has been trialing the OnlyOffice online cloud portal for sixmonths with 12 users who have been able to create and collaborate ondocuments, as well as share them with the public as needed.8.3.2.2. A business subscription allows 100GB of storage per user with unlimitednumber of simultaneous connections, data backups and recovery, andadditional integrations as needed. Discounted pricing is as follows: Users 1-yearsubscription Price/user/month 3-yearsubscription Price/user/month40$ 2160.00 $ 4.50 $ 5184.00 $ 3.6050$ 2550.00 $ 4.25 $ 6120.00 $ 3.408.3.2.4. Discussion revolved around number of users, cost, security, andadaptability. Notably, some of the functionality in OnlyOffice would eliminatethe need for other software purchasing (e.g., current online data backupsoftware is purchased at $200/year for 500GB of storage). Clerk Adelman willfollow up with the OnlyOffice sales team with additional questions and finalpricing to present to the Board at next week’s Board meeting.9.Discussion of Next Meeting Agenda9.1. Resolution on Renters9.2. Library/Town Hall Policy10.Adjourn at 21:43 _________________________________________Submitted by Janice R. AdelmanTown Clerk