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Home My WebLink About2021-08-09 Town Board MinutesTown of Danby Town BoardRegular First Monthly Board MeetingMonday 9 August, 2021 at 7:00 PMvia In-Person AND Zoom Video Conferencinghttps://zoom.us/j/98085159868?pwd=cDJmU2xVeGw2KzN3T1d1dnJZRTFIQT09 Meeting MinutesRoll Call :Town Board Joel Gagnon, SupervisorJim HolahanSarah SchnabelMatt Ulinski (arrived at 20:00)County Legislator Dan Klein (Zoom)Town Justice Garry Huddle (Zoom)Town Planner David West (Zoom)Town Code Enforcement Officer Steve Cortright (Zoom)Town Bookkeeper Laura ShawleyRecording Secretary Janice R. Adelman, Town Clerk Absent:Leslie Connors, CouncilpersonGuest Presenters:Marnie Kirchgessner, Danby Rep to Tompkins County Youth Advisory Board,and the Tompkins County Recreation Partnership 1.Call to Order at 19:05 by Supervisor Gagnon.2. Public Hearing:Proposed Local Law to Establish a Community Choice Aggregation (Energy)Program2.1. Supervisor Gagnon noted the need to schedule another hearing because the currentproposed law is only in draft form.2.2. Hearing opened at 19:05All those who spoke:In favor Against For needing further informationTed CraneRonda Roaring2.3. Closed hearing at 19:143. Additions/Deletions to Agenda3.1. Potential for town funding of Fire District flag poles3.2. Consider contract award for septic award at highway3.3 Transfer funds from Fund Balance to Mechanics line in Highway Fund4.Privilege of the Floor4.1. Dan [Last Name?] owns property on Bald Hill Road subject to the solar farm. Hepresented several concerns: (1) The access road is a right-of-way and not a road; once itbecomes a town road, its maintenance is the Town’s responsibility. (2) The proposalindicates building the farm will occur six days a week from 7am–7pm where children live.Asks to consider not building on Saturdays, at least not that early. (3) The panels are saidto be 15ft tall on a hillside; resident requests a balloon test to determine visibility fromtheir residence. (4) Recently, residents have experienced water problems; resident is Town of Danby Town Board Meeting 9 August 2021 Page 2 of 9 concerned that water running off the panels will come down faster. Unless there is somemitigation, there will be water to deal with on the properties below the solar farm.4.2. Marnie Kirchgessner thanked the town board for continuing the hybrid meetings. Eventhough she doesn’t have internet at home, she appreciates the hybrid and supportsbroadband for everyone.4.3 Ronda Roaring commented that she knew nothing about the Fire District flag polebusiness on the agenda and hoped to get an explanation for why we would fund the firedistrict flagpoles.4.4. Ted Crane commented that supplemental materials for public review were added after6pm.5.Correspondence—none.6.Announcements—none.7.Reports & Presentations7.1. Town Planner7.1.1. Zoning Update Draft is still being compiled. The process has taken longer thananticipated, but Planner West is continuing to work on it and will produce the draft asquickly as possible.7.1.2. Planning Board activities:7.1.2.1. Reviewed the Napierski subdivison waiver application and scheduled thepublic hearing for the next Planning Board meeting, a week from tomorrow.7.1.2.2. Accepted the Norbut Solar Farm application and started to review it. Oneissue arose around antiquated solar fees; this is on tonight’s agenda and willtalk about it then. As a general process note, West indicated that the PlanningBoard reviews and creates a resolution with a recommendation to the TownBoard regarding the Solar Farm.7.1.3. Board of Zoning Appeals activity:7.1.3.1. Reviewed an appeal from 66 Muzzy Road for an accessory structure nearthe rear of the property; BZA granted the variance to allow a smaller rear yardto build the structure.7.1.4. West suggests delaying next week’s Zoning Update meeting to give everyone thechance to review the draft with plenty of time to review and provide feedback.7.2. Code Enforcement OfficerMONTHLY ACTIVITY: July 2021 BUILDING PERMITS ISSUED Value FeeNew Residential ConstructionBP 1681 @ 2231 Danby Rd – Single Family Home 327,000 398.00BP 1683 @ 718 E. Miller Rd – Single Family Home 24,000 100.40Renovations/OtherBP 1678 @ 151 Nelson Rd - AC & Hot water heaterinstall 21,200 50.00 BP 1679 @ 649 E. Miller Rd – kitchen and bath Renos 120,000 175.00BP 1680 @ 316 Gunderman Rd - Deck 3,500 12.30 Town of Danby Town Board Meeting 9 August 2021 Page 3 of 9 BP 1682 @ 47 Sylvan Ln – Fire Station Renovations 180,000 900.00BP 1684 @ 85 Van De Bogart RD – standbygenerator 10,494 50.00 BP 1685 @ 20 Nelson Rd – 40 X 60 Pavilion 60,000 240.00BP 1686 @ 299 Hornbrook Rd – 20 X 24 pole barn 26,900 48.00BP 1687 @ 725 Larue Rd – Add a bathroom toexisting structure 10,000 50.00 MONTH TOTALS 783,094 2023.70YTD TOTALS 2,290221 5801.25PREVIOUS YTD TOTALS 1,507,127 3777.55 CERTIFICATES OF COMPLIANCE1765 Danby Rd – Deck541 Brown Rd – Deck2505 Danby Rd – Roof155 Beardsley Ln – Shed CERTIFICATES OF OCCUPANCY540 Brow Rd – 2nd story addition7 Deputron Hollow Rd – Single family home ADDITIONAL ACTIVITY17 Construction InspectionsReviewed and commented on draft Timber Harvesting regulationsResponded to flooding home @20 W. Miller RdMeet with the owners of 36 Station Rd about options for the flood damaged house 7.3. Town Clerk July 2021 Clerk’s Report Pursuant to Section 27, Subd 1 of the Town Law, I hereby make the following statement ofall fees and moneys received by me in connection with my office during the month statedabove, excepting only such fees and moneys the application and payment of which areotherwise provided for by Law: License/Permit QtyIssued External Agency ExternalAgencyAmount Townof DanbyAmount Hunting 0 NY State DEC $‎0.00 $0.00 Marriage 1 NYS Dept Health $‎22.50 $17.50 Dog 24 NYS Dept Ag & Markets $‎28.00 $287.00 Total Disbursed to External Agencies $50.50 Total License Fees Collected to Danby $304.50 Dept Description Qty Cost Total Received Town of Danby Town Board Meeting 9 August 2021 Page 4 of 9 Clerk Certified Marriage Transcript 0 $0.00 $0.00 SPCA Impoundment Fees 1 $50.00 $50.00 Code Building Permits 12 varies $2023.70 Planning Board of Zoning Appeals 1 varies $125.00 Planning Fees 1 varies $60.00 Total Fees Collected by the Town of Danby $‎2258.70 Total Payment Made to Town Supervisor for GeneralFund $2563.20 STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF DANBY I, Janice Adelman, being duly sworn, say that I am the Clerk of the Town of Danby andthat the foregoing is a full and true statement of all Fees and moneys received by meduring the month above stated, excepting only such Fees the application and payment ofwhich are otherwise provided for by law. Subscribed and sworn this 6th day of August 2021. 7.4. County Legislator7.4.1. Continue to work on ARPA Funding options.7.4.2. Working on vaccination requirements for county employees. Currently, those whochoose not to vaccinate or not to disclose their vaccination status must undergoweekly testing. The Federal Government is paying for all COVID tests throughOctober 1, 2021. After this date it will either be extended or expired. If the fundingfor COVID testing expires, the county (or employer) will have to pay for testing. Forthe County, this is estimated to cost $1.5 million for one year of testing.7.4.3. Revisiting the Danby Conservation Easement law passed by senate which thegovernor still has not signed. The County Assessor thought this enforcement wouldbe difficult to do for one town only and proposed writing the state asking for suchexemptions to be county-wide. This led to debate around some of the details; TheCounty Goverment Operations Committee will gather more information and discussagain at the next meeting to be held on Thursday Sept 2 at noon. The Town is invitedto come to that meeting.7.4.4. Supervisor Gagnon asked Klein about a land purchase detailed in the Ithaca Voice.7.4.4.1. Two years ago the county purchased land for possible new offices to becreated. No specific plans, but the county received estimates for doing so in the$15 million range. Consequently, no action was taken. Since then, another ideawas to acquire two parcels on the block. As is allowed under the law, these realestate negotiations were held in executive sessions. The County has nowbrought this issue out of executive session to vote on whether the County willpurchase the properties at around $2 million. The idea being that it gives moreoptions. As with the previous land purchase, there are no set plans for Town of Danby Town Board Meeting 9 August 2021 Page 5 of 9 construction. If the properties are purchased, the next few years will be spentaddressing whether to build and what to build.8.Transferring funds in fund balance to mechanics line in highway.Resolution 124 of 2021 to Increase the Budget in the Mechanics, Contractual Expense Lineto Cover the Rest of 2021 Moved By:Schnabel Seconded By:Holahan WHEREAS: Many times there are large repairs to equipment that are unanticipated at thetime the budget is formed for the year. These unexpected and necessary costs prevent theHighway Department from staying within the budget for the entire year and extra funding isneeded for these emergency repairs RESOLVED, the Town Board approves the amount of $20,000 be transferred from the fundbalance in the Highway Fund to the expense account, DA5130.400 – Mechanics Contractual,to be able to continue maintenance of the fleet.Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 124 approved on July 21 2021 9.Consent Agenda9.1. Approval of Minutes9.1.1.12 July 2021 - Board Meeting9.1.2.21 July 2021 - Board Meeting -Friendly amendments: needs to be Dobson property. Edit so names are consistent.9.2. Warrants9.2.1.General Fund No 13 Vouchers 252–273 for $172,301.709.2.2.Highway Fund No 13 Vouchers 178–190 for $12,577.49 Resolution 125 of 2021 To Approve Consent Agenda Moved By:Schnabel Seconded By:Holahan Vote:Councilperson Aye No Absent Connors X Town of Danby Town Board Meeting 9 August 2021 Page 6 of 9 Holahan X Schnabel X Ulinski X Gagnon XResolution 125 approved on July 21 202110.Old Business10.1. Town Phone System - Zoom vs Webex vs Net2PhoneNo action yet; SCT will be presenting at the next staff meeting regarding their ability toprovide VOIP. Item tabled until next meeting.11.New Business11.1. Proposed Solar Energy System Fee RevisionResolution 126 of 2021 to Amend Resolution 47 of 2017 in Establishing Fees for Solar EnergySystems Moved By:Gagnon Seconded By:Schnabel WHEREAS,the Town Board of the Town of Danby by Resolution No. 72 of 1991, amended byResolution No. 18 of 2009, Resolution No. 54 of 2012, and Resolution No. 47 of 2017, hasestablished fees for permits, review, and other matters related to administration andenforcement of the New York State Uniform Fire Prevention and Building Code, theZoning Ordinance, and the Subdivision Ordinance of the Town of Danby; and WHEREAS,the Town wishes to update such fees for Solar Energy System projects with adesign capacity of 300kw and over; NOW THEREFORE, BE IT RESOLVED,that the fees for staff and board review of the items set forth below shallsupersede any other fees established by any prior resolutions of this Board for theactivities described herein: and it is FURTHER RESOLVED,that fees for staff and board review of the items set forth below shalltake effect immediately: and it is FURTHER RESOLVED,that the fees for staff and board review of the items set forth belowshall be calculated as follows: Site Plan Review for Solar Energy Systems with capacity design level 300kw and over,reviewfees shall be calculated based on the total project costs: Estimated Project Cost Fee0 - $1,000,000.99 $1,125 Town of Danby Town Board Meeting 9 August 2021 Page 7 of 9 $1,000,001 - $2,500,000.99 $1,500$2,500,000 - $5,000,000.99 $2,750$5,000,001 - $10,000,000.99 $3,000$10,000,001 - $20,000,000.99 $3,750Over $20,000,000.99 $4,500 Subdivision Fees for Solar Energy Systems with capacity design level 300kw and overApplication Fee $75 + $20/lotPreliminary Plat $75 + 20/lotFinal Plat $75 + 20/lot Re-Zoning PDZ Fees for Solar Energy Systems with capacity design level 300kw and over$170 + Site Plan Review fees (fees credited to site plan review but must be paid at time ofrezoning application as General Site Plan Review is part of Rezoning PDZ Process) Review Escrow Agreement - $20,000 initial funding at time of application to be replenishedby applicant upon notice that balance has dropped below $10,000. At time of projectcompletion or when an application is canceled by the applicant, any balance in the reviewescrow account will be refunded to the applicant once all review invoices have been paid.Applicants must execute an escrow agreement in a form deemed acceptable by the TownLegal Counsel to guarantee payment of all review-related costs before any review of anapplication can begin. FURTHER RESOLVED,that fees will be reviewed annually at the beginning of the fiscal yearand may be adjusted based on review of actual costs, consultant rates, and inflation. Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 126 approved on July 21 2021 11.2. Potential for town funding of Fire District flag poles11.2.1. Discussion centered around the budget error between the Fire District and theTown resulting in an $8,000 shortage in the Fire District budget for 2021. Becauseof the mistake (which was the result of an error made by both the Fire District and Town of Danby Town Board Meeting 9 August 2021 Page 8 of 9 the Town Clerk), the Fire District felt it would be nice for the Town to contribute totheir situation by making an in-kind contribution rather than split the budget.11.2.2. Main concern was that the Fire District can re-levy without affecting the tax cap;the Town cannot. Providing additional funds to the Fire District will ultimately comefrom public funds.11.2.3. Other comments included fostering good relations between the Town and theFire District.11.2.4. Discussion tabled until the next meeting.11.3. Considering contract award for septic award at highwayResolution 127 of 2021 to Select the Contractor to Install the New Septic System at theHighway Department Moved By:Holahan Seconded By:Ulinski RESOLVED:The contract for the revisions of the septic system at the Highway Garage beawarded to Jeff Rockwell/Woodworkers for the amount of $21,500. This amount will befunded through the NYSERDA grant that has been awarded to the town. Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 127 approved on July 21 2021 12.Discussion on when to hold the next Zoning Update meetingMotion raised to Cancel next week’s Update and Budget meetings set on the third Monday ofthe month and reschedule both to the fifth Monday in the month of August (i.e., August 30).Zoning public feedback will be held at 7pm; the budget workshop meeting at 8pm. Councilperson Ulinksi amended to have the budget meeting begin at 6pm rather than 8pm,then move to the Zoning meeting at 7pm to go no longer than 9pm. Resolution 128 of 2021 to Move the Zoning Update meeting from Aug 16 to Aug 30 at 7pmand the Budget Workshop from Aug 16 at 8pm to Aug 30 at 6pm. Moved By:Gagnon Seconded By:Ulinski Vote: Town of Danby Town Board Meeting 9 August 2021 Page 9 of 9 Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 128 approved on July 21 2021 13.Discussion of Next Meeting Agenda12.1. Fire station flag poles12.2. Phones12.3. Workplace Violence report12.4. Questions for CCA?14.Adjourn at 21:00 _________________________________________Submitted by Janice R. AdelmanTown Clerk