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HomeMy WebLinkAbout2021-05-10 Town Board MinutesTown of Danby Town Board Regular First Monthly Board Meeting Monday 10 May, 2021 at 7:00 PM via Zoom Video Conferencing https://zoom.us/j/98085159868?pwd=cDJmU2xVeGw2KzN3T1dldnJZRTFIQT09 Roll Call: Meeting Minutes Town Board Joel Gagnon, Supervisor Leslie Connors County Legislator Town Justices Town Planner Town Code Enforcement Officer Town Bookkeeper Recording Secretary Jim Holahan Sarah Schnabel Matt Ulinski Dan Klein Garry Huddle David West Steve Cortright Laura Shawley Janice R. Adelman, Town Clerk Call to Order at 19:02 by Town Supervisor Joel Gagnon 1.1. Additions/Deletions to Agenda 1.1.1 Bridge NY engineer discussion to go after announcements 1.1.2. Table Renters Resolution until next meeting. 2. Privilege of the Floor 2.1. 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 since the last meeting in clarifying issues in the conservation easement for the Wimsatt property. 2.3. Cindy Parlett appeared to represent the Danby Public Library and its desire to re -open to 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 Danby a situation which will shed light on the noise ordinance petition currently floating around the community. My name is Mark Holochuck and I own the property abutting Betsy Wohl and her husband who reside at 958 Tallow Hill Rd. Several months ago I was forced to serve Ms. Wohl, my neighbor of 20+ years, with a CEASE and DESIST order, to restrain her from slandering my good character, intimidating and harassing me by calling the sheriff, Department of Health and other local agencies in an attempt to unlawfully have me arrested and prevent me from building on my own property. It has come to my attention that an online petition to change the current noise ordnance law is being circulated and if passed this ordinance will only hurt people like myself who require generators to conduct Town of Danby Town Board Meeting 10 May 2021 electricity for my cabin. A generator forced upon me by neighbors who have denied me electricity to be supplied by NYSAG. It is my opinion that those spear heading the noise ordinance petition are not looking out for the best interests of the residents of the town of Danby. It is my belief that this noise ordinance petition is being used to further harass me and prevent me from occupying and enjoying my lawfully owned property. This past Saturday code enforcers were again unnecessarily summoned to my property on another bogus complaint initiated through the department of health. Intimidating tactics such as calling the Department of Health, the Land Trust, the DEC, Code Enforcement and even the local Sheriff (all of which is documented, audio/video recordings) in an effort to have me unlawfully arrested/summonsed have been used against me. My neighbors have written emails to NYSAG and others town officials, involving themselves in my personal private business. I have owned the property located at the end or Tallow Hill Rd. directly adjoining Ms.Wohl's property designated 96o Tallow Hill Rd. I purchased this property in 1999 and have spent the past 20 years planning to build on and beautify the land. Tragedy struck my family several years ago when my wife suddenly died, leaving myself and my only child to make major adjustments in our lives. Since this time, me and my son have decided to spend more time on our beautiful Danby property attempting to enjoy nature through the privacy our land affords. On multiple occasions during the past few years my family has been greeted at our property by unleashed aggressive dogs, snarling, growling and approaching us each time we arrive. These dogs have followed us as we walked our property causing great fear and anxiety at times. When I discovered that the dogs belonged to Betsy Wohl and her husband, I respectfully requested that they leash their dogs. I also informed Ms. Wohl that the dogs were scaring my son and guests, making it difficult for anyone to feel safe while visiting. My concerns fell on deaf ears. I find this very interesting that my neighbors, who have extreme difficulty following local dog leash ordinances and licensing requirements (as per town website, 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. Wohl and her husband continued to allow their dogs to roam my land and on each visit I faced the same issue of aggressive dogs on my property. (I have video and photographic evidence to provide anyone who is interested in viewing.) I was eventually forced to involve the SPCA who responded and summonsed Ms. Wohl and her husband for their unleashed dogs. Her dogs continue to cross onto my property unleashed and a solution to this problem seems hopeless. Is it not hypocritical that Ms. Wohl and her husband blatantly and flagrantly ignore the dog leash and licensing laws of this town while supporting new town laws that they believe could benefit them? Possibly forcing me to shut down my only source of electricity? Early last year I decided to purchase a recreation cabin for my land so my son and myself would have a place to eat and sleep comfortably while visiting Danby. I inquired with NYSAG for electric service and requested an on -site meeting to Page 2 of 11 Town of Danby Town Board Meeting 10 May 2021 extend the electric from Ms. Wohl's residence to our land/cabin. A short time after my meeting with NYSAG I was notified by NYSAG employees that Ms. Wohl and Mr. Weisburg had opposed any installation of electric poles to my residence and denied any use of the main road to extend electric to my land. In a compromise I agreed to go underground with electric lines as long as the electric route was run along the road that leads to my property. This too was opposed by my neighbors as they claimed their goats would have unnecessary stress/anxiety and they may have to move a pile of wood stored on their property. Excuse after excuse and a laundry list of unreasonable demands to prevent me from gaining electricity from NYSAG. NYSAG eventually stated they would not extend electric lines to my property without Ms. Wohl and Mr. Weisburg's permission. This was due to private ownership rights of their property and claims made by Ms. Wohl that the road leading to my property was actually owned by her. A road that is ironically serviced and 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 my new cabin. This triggered multiple calls to the Sheriff as well as other agencies (all documented and recorded) demanding my arrest for the noise my gas run generator made. The Sheriffs responded and agreed that no crime had been broken. No action was taken against me. It is my belief that my neighbors are now attempting to subvert state and local laws in an effort to pass a noise ordinance code 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 my cabin. In my opinion this is continued intimidation and harassment by my neighbors who will pursue any means necessary to prevent me from staying on my property. Had my neighbor's allowed NYSAG to run electric to my cabin they would not have to listen to my generator when it is on; a generator which is lawfully placed on my property. I believe the town of Danby has a right to know the true objective of this proposed noise ordinance. Are my neighbors truly concerned about the residents of Danby and noise? OR is it the sound of a generator coming from my property that truly concerns them? Is this not an extremely underhanded approach to resolving a fixable issue with a neighbor? I believe this noise ordinance attempt is just another GIANT manipulation tactic by my neighbors who believe they can further insult me by taking away the only source of electricity I have. It is also my belief that the good people of Danby are being misled into signing this petition which may result in irreparable harm to residents who may mistakingly violate a noise ordinance when having a gathering at their home or on their property or when they run a generator as in my case. Multiple reasons are listed as to why a noise ordnance is beneficial to the public in the petition but I believe it fails to disclose its true underlying purpose. I find it odd, that my neighbors have this new found passion for noise reduction and a desire to create new local laws while they themselves continue to violate and break the unleashed dog laws. I also find it very troubling that publicly funded taxpayer agencies are being used to target and harass me unnecessarily via complaints and visits to my property that all end as UNFOUNDED. Page 3 of 11 Town of Danby Town Board Meeting 10 May 2021 The actions of my neighbors in my opinion is simply adult bullying. For the sake of this community I would hope that the members of DANBY's town board can see through this circus act of manipulation. It is my personal belief that no person no matter who they are or who they know should be permitted to use the law, or public agencies as a tool to impose harm on others under false pretenses. This will and can only do more harm than good. My neighbor's recent experience with the sound of a running generator can only be attributed to their own doing. In denying me 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 current situation with regards to my electricity and permit the use of generators on private land without restrictions especially if it is to supply essential services (electricity/water) to a resident's home or cabin. Respectfully yours, Mark Holochuck 96o Tallow Hill Rd. 3. Correspondence 3.1. Speed Limit on Danby Road (https://onlyo.co/2Q4Gsyv) 4. Announcements - None 5. Reports & Presentations 5.1. Lisa Marshall, Program Director of HeatSmart re NYSERDA Clean Heating & Energy Saving Programs 5.1.1. Marshall provided a presentation describing the HeatSmart program 5.1.2. The Town needs to designate a point -person to work with Lisa Marshall on the scoping document. 5.1.3. Contact information for HeatSmart: lisa(cDheatsmarttompkins.org, 607-500- HEAT 5.2. Bridge NY Funding Discussion 5.2.1. Town of Danby received grant funding to upgrade three bridges; however, these projects are underfunded such that the expenses to the town in the end will be extraordinary. Although the town has received $450k grant funding, the town will likely also be putting in $1 million of its own to fund the three projects due to the regulations required in the DOT grant award. 5.2.2. If the town surrenders the BridgeNY grants, the town would ultimately spend less money doing the bidding, hiring, and contracting ourselves than if we were to work off the grant funding process. 5.2.3. One engineer who is very experienced with BridgeNY grants recommended putting in another application that he could submit for us, to get the three culverts funded at the proper amount. 5.2.4. If the town does not get the additional grant, and we forfeit the BridgeNY grant funding, we could potentially pay for it ourselves through CHIPS funding. Resolution 83 of 2021: to forgo our previous award under BridgeNY program and Reapply using Foit-Albert Associates as our consulting engineers. Moved By: Gagnon Seconded By: Schnabel Page 4 of 11 Town of Danby Town Board Meeting 10 May 2021 5.2.5. Discussion involved the BridgeNY award amount, the new application amount requested, and the delayed timing for completing these projects. Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 83 approved. 5.3. David Norbut of Norbut Solar Farms on a prospect for Danby 5.3.1. Norbut offered a glimpse of a very preliminary proposal for a solar farm in Danby. — 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 full approval which will require a second step involving a CESIR study. — Norbut Solar Farms does not rent the land for a solar farm, but rather purchases 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 planned development zoning might be the next step. 5.3.3. Councilperson Schnabel asked about the decommissioning plans and bonds for decommissioning described on their website. Norbut noted that the bond is given 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 put back to its previous state. 5.3.4. Gagnon asked what the expected life span is. The model is right around 30-35 years. Norbut tells people that in 20 years, the farm will still be generating at 80% 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 town which goes to the Town Board. The Town Board would request recommendation from the Planning Board. Norbut's application would also include a 3-parcel subdivision 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 heard of it, he is uncertain of the receptivity, particularly by the neighbors. Norbut has spoken to the adjacent neighbors but has not connected to the other 2-3 neighbors to put together a screening plan. 5.3.7. Next steps for Norbut is to put a more detailed proposal together and speak with the Planning Board. 5.3. Town Planner Page 5 of 11 Town of Danby Town Board Meeting 10 May 2021 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 property 5.4.2. Next Planning Board Meeting — Public Hearing on 250 Marsh application — Public Hearing on 1725 Danby Road special permit application — Norbut Solar Farms Discussion 5.4.3. Ongoing meetings for Zoning Update — Conservation Working group reviewed the first complete map draft of the town with the way zones could be laid out; this will change during the update process. — Conservation group also started discussing the parameters for zones which is the work product slated to be done soon; upcoming meetings will be the most important discussions about zoning for the year. — Hamlet Working Group reviewed draft parameters for two zones —Hamlet center zone and a Hamlet neighborhood zone. 5.4.4. West has also been working with Ag & Markets on reviewing our first application for an outside user agreement for the West Danby Water District to move that process forward. 5.4.5. West has had conversations with landowners lining up test sites for a septic capacity for the Hamlet; and is working on a septic study. 5.4. Code Enforcement Officer (https:Honlyo.co/2RnuEI8) 5.5. Town Clerk (https:Honlyo.co/3tgmtdO) 5.6. County Legislator, Dan Klein 5.6.1. Howland Road Ag District Update at Ag & Farmland Protection Board for approval. As noted at the previous Board Meeting, the request for inclusion went on to Tompkins County's PEEK Committee who denied the request and will not be included in the Ag District. This outcome is in line with the Danby Town Board's recommendation. 5.6.2. Tompkins County has already started the budget process by meeting and setting a goal for the year: — 1.9% increase in the tax levy; considering it as a maintenance of effort budget. That is, it will enable TC to do everything they're doing now, but nothing 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 are finalized in the fall. 5.6.3. Tompkins County is beginning work on a redistricting commission for the county legislature. Page 6 of 11 Town of Danby Town Board Meeting 10 May 2021 — After every 10-year census, the county legislature reviews its need to redistrict. — Over the next couple of months, the commission will outline the parameters of what they want to do, recruit some people, and hopefully have them on board by September when the census data should be released. — 10 years ago, TC was the only county in NY State to have an independent redistricting 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 Agenda 6.1. Approval of Minutes 6.1.1. 12 April 2021 (https://onlyo.co/33v2cXF) 6.1.2. 21 April 2021 (https://onlyo.co/2RHotyO) Resolution 84 of 2021 To Approve Consent Agenda Moved By: Schnabel Seconded By: Holahan Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 84 approved. 7. Old Business 7.1. . Tabled until 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 an Open Development Area at 250 Marsh Rd. to advise and recommend any conditions as may help enable and minimize any negative impacts from the subdivision and development of the parcel, and Whereas, The Planning Board advertised and held a public hearing on the Open Development 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 in attendance did provide guidance to the Town Board, and Page 7 of 11 Town of Danby Town Board Meeting 10 May 2021 Whereas, The Town Board has reviewed the guidance provided by the Planning Board and the potential impacts from approving an Open Development Area versus the impacts that could or would occur from developing the site without an Open Development Area, whether pursuant to obtaining building permits, seeking formal subdivision reviews and approvals, or other methods of implementing land development rights, and Whereas, The Town Board finds that developing the parcel(s), as proposed, and utilizing the existing access easement on the abandoned portion of Deputron Hollow Rd., is in keeping with the Comprehensive Plan by protecting rural character and minimizing environmental damage while also promoting the orderly development of land in this particular area of the Town. So, therefore, the Town Board of the Town of Danby has resolved and determined as follows, so be it Resolved, that the Town Board does hereby adopt an Open Development Area that applies to 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 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 for safe emergency access. • Future development of residential structures must be limited to the development area outlined on the subdivision application. • The Planning Board must document conformance with the Town of Danby Comprehensive Plan in protecting the rural character of the area as well as the UNA and Six Mile Creek watershed in its review of any subdivision application. • As a condition to subdivision the applicant must dedicate a conservation easement limiting 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 upon Parcel A. • A mutual access and maintenance agreement between affected property owners for 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 plat approval. Moved By: Gagnon Seconded By: Holahan 7.2.1. Councilperson Schnabel inquired about protecting the neighboring UNA. The third resolved bullet above was then modified to include protecting not only the rural 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 conservation easement regarding extraordinary and natural values had not been Page 8 of 11 Town of Danby Town Board Meeting 10 May 2021 I implemented and asked whether the conservation easement comes back to the Board for approval. — Supervisor Gagnon responded that Schedules A, B, and C are not fully fleshed out but will need to be before the Town Board can act on accepting the easement. 7.2.2. Councilperson Ulinski stated that he hopes we never go through this process again due to the painstaking and timely (as well as painful) manner of the process. Ulinksi suggested that the board think about how to go about this in the future with hopefully better communication. Ulinski stated feeling bad for everyone who has been involved in this and hoped that everyone can move forward as good neighbors into the future. Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 85 approved. 7.2.1. Supplemental Materials — Proposed Easement (https://onlyo.co/3vjSgMQ) — Subdivision Application Packet (https://onlyo.co/2QSOk8C) 7.3. TCCOG Broadband Committee Appointment Resolution 86 of 2021 To Appoint Zachary Lind to the TCCOG Broadband Committee Moved By: Schnabel Seconded By: Connors Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 86 approved. 7.4. Workplace Violence - no new updates. New Business 8.1. Solar Farm Prospect - next steps is for Norbut to submit application. 8.2. Possibility to Open Library to Patrons Page 9 of 11 Town of Danby Town Board Meeting 10 May 2021 8.2.1. Cindy Parlett spoke as one of the six volunteer librarians. Due to relaxing COVID restrictions, the library would like to re -open to patrons. Despite all library items being available online, many patrons are not able to access them. The librarians thought that they could potentially allow the patrons to enter while the Town Clerk is in the office. Parlett noted that patrons don't need to interact with any other people in the building and that they will be required to wear masks. In comparison, the other rural libraries have been allowing people to come in on a limited basis. 8.2.2. Discussion involved whether a librarian would be on -site since Town Hall remains closed to the public except by appointment. 8.2.3. Councilperson Ulinski suggested putting a proposal together similar to what TCPL is doing with express browsing on a Saturday, for example, from 10-12; and he noted that the Board should revisit the policy soon with the relaxing guidelines. 8.3. Town Hall Software Purchases 8.3.1. GovPilot vs SmartGov 8.3.1.1. Clerk Adelman described the difficulties in the internal business flow through the town silos (i.e., clerk, code, planner, highway, water district). The current digital (software) infrastructure is not user-friendly and limits functionality for engaging with residents efficiently and easily. To that end, Adelman has spent a great deal of time researching other municipality systems 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 Dude Solutions' 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 -Concern applications. — SmartGov follows a hybrid pricing model with a ballpark figure of $7,668.53 annual subscription for the Town of Danby plus a one-time implementation and service charge of $15,614.20. SmartGov features include functionality for permitting and planning (e.g., centralizing permit and project data), code enforcement (e.g., automating enforcement from complaint submittal to resolution), and inspections (including field inspection capability to document and update on the spot). 8.3.1.3. Discussion on this topic revolved around cost, timing, and the ability to include the Water District in the proposed software solutions. 8.3.1.4. Clerk Adelman will follow up with both companies to clarify what options we can customize to suit our needs at a reasonable price and potentially have a demo for a future board meeting. Page 10 of 11 Town of Danby Town Board Meeting 10 May 2021 8.3.2. Trial of OnlyOffice is ending (https://onlyo.co/3txUlV2) 8.3.2.1. The Town has been trialing the OnlyOffice online cloud portal for six months with 12 users who have been able to create and collaborate on documents, as well as share them with the public as needed. 8.3.2.2. A business subscription allows 100GB of storage per user with unlimited number of simultaneous connections, data backups and recovery, and additional integrations as needed. Discounted pricing is as follows: 1-year Price/user/ 3-year Price/user/ Users subscription month subscription month 40 $ 2160.00 $ 4.50 $ 5184.00 $ 3.60 50 $ 2550.00 $ 4.25 $ 6120.00 $ 3.40 8.3.2.4. Discussion revolved around number of users, cost, security, and adaptability. Notably, some of the functionality in OnlyOffice would eliminate the need for other software purchasing (e.g., current online data backup software is purchased at $200/year for 500GB of storage). Clerk Adelman will follow up with the OnlyOffice sales team with additional questions and final pricing to present to the Board at next week's Board meeting. 9. Discussion of Next Meeting Agenda 9.1. Resolution on Renters 9.2. Library/Town Hall Policy 10. Adjourn at 21:43 Submitted by Janice R. Adelman Town Clerk Page 11 of 11