HomeMy WebLinkAbout2022-03-16 Town Board Minutes
Meeting Minutes
Roll Call:
Town Board Joel Gagnon, Supervisor
Leslie Connors
Katharine Hunter
Sarah Schnabel
Patricia Woodworth
Town Planner David West
Town Code Enforcement Off icer Steve Cortright
Town Bookkeeper Laura Shawley
Recording Secretary Janice Adelman, Town Clerk
1. Meeting Called to Order at 19:03 by Supervisor Gagnon
2.Public Hearing -- Food Pantry Local Law
Opened at 19:04
All those who spoke:
In favor Against
Ted Crane
Hearing closed at 19:05
3.Additions/Deletions to Agenda
‒Highway Tour -- Solicitation of Interest
‒ Request for Use of Town Hall
‒ Highway Gunderman Road Bridge Emergency Replacement
4.Privilege of the Floor
- Kevin Faehndrich, Danby Fire District Commissioner
“So, my name is Kevin Faehndrich, I am here today as a Commissioner of the Danby
Fire District and I'm going to be speaking on behalf of the Danby Fire District. I do
have a prepared statement and I will certainly welcome any questions from the
Town Board at its conclusion.
Mary Ann Barr 2021
T he Town of Danby, New York
1830 Danby Road, Ithac14850a, NY
https://danby.ny.gov
Town Board Regular Meeting
Wednesday 16 March 2022
+1-607-277-4788 | townboard@danby.ny.gov
Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
“I appreciate the opportunity to comment on the importance of a free community
newsletter both to the Danby Fire District, and to the community as a whole. We are
advocating for the continuity of services that a free, printed, and widely-distributed
newsletter provides. For over a decade, the Town of Danby has funded a free
community newsletter that delivered print editions to all community members on a
monthly basis. Oftentimes those publications included important fire safety
information and pertinent fire district news to the community, and that was at no
additional cost to the Fire District, or to the taxpayers. Now that the Board is
undertaking the additional responsibility of providing a newsletter to the
community, the Fire District urges you to strongly consider the following three
issues.
“1. Maintaining the free status. Residents should not be charged for the newsletter
and the fire district should not be charged for the safety informative articles it
provides.
“2. The continuation of printed editions. It is imperative that the publisher of the
newsletter provide paper versions delivered to every residence in Danby. Despite
trends towards digitization of news media, 22% of New York households, do not
have a computer at home, and 27% of them do not subscribe to the internet. That
disparity gets even larger when you start considering factors of age, whether they're
in rural locations, or in lower income communities.
“3. The continuity of service. Ensure in law, or by other means, that the newsletter,
along with its funding, print status, and free status will remain beyond the term of
the current board.
“The Fire District is interested in the answers to the following questions:
“1. Does the Town Board plan on maintaining the free status to both residents and
to the fire district?
“2. Will the Town Board commit to utilize the current funding earmarked for the
newsletter to continue to provide printed versions to all residents?
“3. How will the Town Board ensure the continuity of this valuable resource for years
to come?”
- Ted Crane, Danby Resident
Spoke to the BZA application on the agenda listed under correspondence noting
that there was not currently a vacancy on the BZA and that although the applicant
does own property in Danby, said applicant is not currently a Danby resident.
Further, Crane noted the conflict of interest with regard to the BZA applicant and
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
said applicant’s current plans to build on a contentious piece of property. Crane also
voiced opposition to the agenda item requesting to use the Town Hall meeting room
for what he summarized as ballet exercise classes. Crane opined that such requests
have been denied in the past (for a Zumba instructor and for Crane holding dances
at Town Hall) and that it would set a precedent for people wanting to use the Town
Hall meeting space for money-making opportunities [despite that the request was
to offer free classes to the public]. He also noted that the Town Hall wasn’t built for
a significant amount of moving around [despite the request noting class size would
be limited to around 5].
- Ronda Roaring, Danby Resident
(1) Roaring agreed with Ted regarding the BZA application as being a clear conflict
of interest.
(2) Roaring then spoke to the Food Pantry Law noting that the name of the church
should be correct on the contract. However, she stated that, as someone who goes
to the food pantry, she doesn’t know the relationship between the Food Pantr y and
the church. She clarified that Joan Barber organizes the food pantry and assumed
that it was just held at the church because the food pantry needed a space. On a
related note, Roaring stated that the people she talks with while waiting in line at
the pantry are generally completely off the grid. Despite this, she has never seen any
copies of the Danby News for food pantry users to read., but it would be beneficial
to distribute newsletters there. Additionally, she noted that setting up a table during
the food pantry would afford opportunities to connect with these residents and to
show interest in them.
5.Correspondence
5.1. BZA Application
5.2. Statement from TC Sheriff 9 March 2022
6.Announcements - none
7.Interviews of Prospective Youth Commission Members
Katharine noted that we are still looking for people to represent West Danby, an employee
from any school, and a student/youth member to fill the 7 open positions. The following
four applications have been received; all were interviewed during the meeting, aside from
Alexis Dengel who was not present. Appointments to the Youth Commission will be made
at the second Town Board meeting in April.
7.1. Jamie Sorrentino
7.2. Alexis Dengel
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
7.3. Madeleine Ulinski
7.4. Matt Jarman
8.Reports & Presentations
8.1.Highway Superintendent Keith Shipman
8.1.1. Highway Tour for Board and Town Solicitation of Interest
In the past, Board members had been invited to tour the highways. We could
probably fit five comfortably in the shop truck, but wanted to know who is
interested. Four Board Members expressed interest as did David West.
8.1.2.Shipman acknowledged that some Danby roads are in pretty horrible shape
and also stated that having spoken to the surrounding municipalities, many
of them are struggling; “even the county roads are looking pretty poorly right
now.” He noted that current efforts are long-term, such that results won’t be
seen overnight, but he also indicated his highest priority plans for the
moment:
8.1.2.1.Gunderman Road repairs
8.1.2.2.Comfort Road repairs
8.1.2.3.Chip sealing and other preventative maintenance
8.1.2.4.Water in the roads
8.1.3. Highway Gunderman Road Bridge Emergency Replacement
Time estimate for road closure is about three to four weeks, depending on
when the pipe is delivered and crews get started.
Resolution 81 of 2022 To Assign the Project of an Emergency Replacement of a Bridge on
Gunderman Road
Moved By: Gagnon Seconded By: Connors
WHEREAS: The Town of Danby is faced with an emergency situation of a bridge failing on
Gunderman Road.
WHEREAS: The Highway Superintendent has determined that this bridge presents a danger
to the public because of the possibility of the road collapsing into the stream. There is a
danger to the surrounding residents of flooding because of the collapsing bridge forming
a dam, and not allowing the water to pass through. This is especially dangerous in the
event of a major storm.
WHEREAS: Other dangers are present in this situation because of the three-and-a- half mile
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
detour that the Fire Department would be faced with when routing vehicles to an
emergency.
WHEREAS: The Town of Danby could be faced with large DEC charges when obtaining
permits for cleanup of the stream if the bridge collapses.
WHEREAS: According to General Municipal Law – GMU 103 [4] it states that if there are
circumstances that create an emergency because of the safety to inhabitants and
immediate action is needed to correct the situation, the municipality is exempt from the
competitive bidding process and the board or agency of a political subdivision can select
a contractor for the immediate action needed.
WHEREAS: The Town is already working with a contractor on another project and that
contractor has agreed to correct the situation immediately. This company has all of their
equipment in the area and the Town recognized the reputation of this company for fair
and competitive pricing of their ser vices.
RESOLVED: The Town Board concurs that an emergency exists.
BE IT FURTHER RESOLVED: The Town Board selects J.B. Excavation to replace the collapsing
bridge on Gunderman Road with a DEC approved, town supplied culvert. The quoted
price for the project is $30,000. This amount will be paid from the CHIPS funds that are
awarded to the Town of Danby by New York State.
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 81 approved
Resolution 82 of 2022 To Approve the Agreement to Spend Town Highway Funds (Request #2
of 2022)
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
Moved By: Gagnon Seconded By: Connors
Pursuant to the provisions of Section 284 of the Highway Law, we agree moneys levied and
collected for the repair and improvements of highways, and received from the state for
repair and improvement of highways shall be expended as follows:
General Repairs
1. A sum not to exceed $30,000 shall be spent on the emergency replacement of the
Gunderman Road Bridge with a DEC-approved, town-purchased culvert. This amount will be
paid
from the CHIPS funds that have been allotted to the Town of Danby from New York
State.
EXECUTED THIS 16th DAY OF MARCH, 2022
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 82 approved
8.2.County Legislator Dan Klein
Submitted via email on Tuesday 15 March 2022
Hello Town Board,
I will not be able to make tomorrow’s meeting. Here is my report. As usual,
let me know if there is something I can do for you. -Dan Klein
The final sales tax receipt numbers from 2021 came in last month. It was a
record year. Receipts were up 21% from 2020, which was a very low sales tax year
due to the shut down of the local economy. But 2021 receipts were also up 7% from
2019, which itself was a record year. It’s hard to say exactly what accounts for this
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
increase,but the likely contributors are pent-up demand and high gas prices. The
Town of Danby sees a share of these sales tax receipts.
Many Danby residents received their new assessments, and a lot of people are
shocked and angry. I don’t know if this makes it any easier for people to take, but
here are a few things I’ve been advising people to consider that aren’t immediately
obvious in the assessment notices.
The first thing to understand is that an assessment increase is not the same as a
tax increase, despite what the notices said. The best analogy I have is that the total
taxes levied are a pie, and assessment just says how big your slice is.
Assessment is an attempt to estimate how much your house would sell for. No
matter what other issues get tagged on, that is the bottom line: Is this assessment
number accurate in terms of how much your house would sell for?
Most people are re-assessed once every three years. So if you divide the
percent increase on that notice by 3, you will get an average annual increase. That
number will seem much more “reasonable” to a lot of people. The online real estate
site Zillow reports a 12.4% increase in the sale price of houses in the 14850 zip code
last year, and predicts a 14.7% increase this year. Multiply those numbers by 3 and
you will see that the assessments are in line with reality.
There are a few ways to challenge your assessment. One is to compare your
property to other similar properties that have sold recently. Another is to let the
Assessment Department know if they have incorrect information about your property.
You can request the Assessment Department to come to your property so you can
show them things they were not aware of.
The simple, anonymous online cell phone reception survey that I had
previously spoken with you about is now live. It asks 3 questions: where do you live,
who is your cell phone company, and rate your cell phone reception on a scale of 1 to
5. This information will help generate a map showing where the zones of poor cell
phone reception are. I’m not sure yet if or how we are going to be able to use this
information to address the problem, but I do know that identifying the problem is the
first step to solving it. Find the survey at https://tompkinscountyny.gov/cellsurvey.
8.3.CAC Report on Solar Panels in Wetlands
8.3.1.The report suggests that the Town may want to consider amending the solar
facility regulations law to create criteria that would enable a solar array to be
located in some wetland areas.
8.3.2.Discussion revolved around next steps given this report. The question was
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
whether to add it as a business item to discuss further at the next meeting.
Or should the CAC put the basics of a proposal together so that Planner
David West and Attorney Guy Krogh could finesse it?
8.3.3.West noted that the current Solar Farm applicant reviewed the town’s code
and found that the Planning Board does have the ability to waive restrictions
in the Site Plan Review without changing the law. West also stated that the
Town could create a document or add to the zoning ordinance what would
be needed in such circumstances, or set forth when it would be appropriate
to waive or remove the criterion that solar panels not be in wetlands. This is
another option. He clarified that this isn’t something that is necessarily
holding up the project from moving forward.
8.3.4.West stated that Zisk and Corbit have been doing a great job getting
information and compiling the report; if they’re willing to continue working
on it, that would be great.
8.3.5.Board concluded that nothing needed to be done at this meeting, but that
they would ask Zisk and Corbit if they are willing to continue researching and
create a criteria list around what kinds of wetland it is appropriate to allow
solar panels in, as well as best practices in such allowances to avoid
damaging the area when placing and servicing the array. With Zisk and
Corbit’s follow-up, the Board will discuss further at the next meeting.
8.4.Broadband Survey Report from Chuck Bartosch of Point Broadband.
8.4.1.274 households out of 1514 do not have broadband (18%)
8.4.2.Red dots in the image below indicate locations without 100 Mbps+ service
8.4.3.Next steps
are to
share with
the County,
and to
determine
if we can
use ARPA
money to
help
expand
broadband.
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
9.Consent Agenda
9.1.Meeting Minutes
9.1.1. 19 January 2022 Town Board Meeting - removed from Consent agenda
9.1.2. 26 January 2022 Special Town Board Meeting
9.1.3. 1 Februar y 2022 Town Board Meeting
9.1.4. 14 Februar y 2022 Special Town Board Meeting
9.1.5. 1 March 2022 Town Board Meeting
9.2.Warrants
9.2.1. General Fund No 06 Vouchers 84–99 for $4,799.36
9.2.2. Highway Fund No 06 Vouchers 51–61 for $18,477.27
9.2.3. Water Fund No 06 Vouchers 50–51 for $318.25
Resolution 83 of 2022 To Approve the Consent Agenda without the January 19 Minutes
Moved By: Connors Seconded By: Schnabel
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 83 approved
9.3.Discussion on 19 January 2022 minutes.
9.3.1.Connors noted that the warrants listed were different than what she had
recorded, but that it could be dealt with at the next meeting.
9.3.2.Connors also noted that there were large portions of the meeting discussion
missing from the minutes. Upon further discussion, it appeared that Connors
was not viewing the same document as ever yone else as others were able to
view the discussion items.
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
9.3.3.Clerk Adelman will review the warrants and bring these minutes back for the
5 April Board Meeting.
10.Business
10.1.Resolution 84 of 2022 To Rescind Brad Rauch’s Appointment to the CAC Due to Not
Being a Danby Resident
Moved By: Gagnon Seconded By: Connors
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 84 approved
10.2. Procurement Policy and Procedure
10.2.1.Schnabel made revisions today; will for ward to the Board for feedback and
revisit next meeting.
10.3. Board of Assessment Review Appointments
10.3.1. There were no other applicants in response to solicitation of interest.
Resolution 85 of 2022 To Appoint Bruce Richards and Tom Seaney to the Local Advisory Board
of Assessment Review
Moved By: Gagnon Seconded By: Connors
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
Gagnon X
Resolution 85 approved
10.4. DCC contract
10.4.1.Woodworth noted that the contract still includes the grants to subsidize
youth programs.
Resolution 86 of 2022 To Approve the DCC Contract Without Item 4 (provide grants to youths
to subsidize participation) and the Amount of Money to Be Used for That Purpose (Youth
Activity Support $1000).
Moved By: Gagnon Seconded By: Woodworth
Discussion: Connors wanted to know what the status was of fixing their bylaws given the
Board’s previous decision to approve the contract and fund their operations as long as
they made good progress on updating the bylaws. Gagnon noted that given the DCC’s
catch-22 situation of needing to change the bylaws with a majority of membership
present at a general membership meeting to vote on such changes, yet having a bylaw
that defines membership as all Danby residents over the age of 18, mustering a quorum is
an impossibility. It will take a court action to determine how to resolve this issue. Gagnon
said that both the town attorney and another he had spoken to had suggested that it
would be easier to dissolve the corporation and reinstate it with new bylaws rather than
going to court to fix the bylaw membership issue. Crane (DCC Board Member) noted that
they have sought legal advice and are moving forward on that front.
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 86 approved
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
10.5.Request for use of Town Hall
10.5.1.Does the board wish to entertain this request?
10.5.2.Concerns raised included number of people doing the class; whether the
floor could handle it; the effect on the library; possible conflict with DCC
concert series held on Sundays at 3pm.
10.5.3.Also noted was that such requests raise the need for having a community
center available in Danby.
Resolution 87 of 2022 To Allow the Requested Activity (A Free Ballet Fitness Class on Sundays)
Moved By: Woodworth Seconded By: Schnabel
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 87 approved
10.6. Revisit Level of Operation and Need for Disinfection
10.6.1. We are currently at Level 2 of operations: town hall fully open but with public
health protocols in place (e.g., masking, social distancing).
10.6.2. If we continue the mask mandate, we should continue with video
conferencing of Water District Committee Meeting.
10.6.3.Justice Huddle noted that for the Courts, masks are still required; social
distancing has been reduced to 3ft; he is expecting changes in the next two
weeks.
10.6.4.Consensus was to maintain the current level 2 operations with masks
required.
10.6.5.Fire Commissioner Faehndrich noted that the Fire Commissioners were in
the same boat regarding public bodies, and that the school board’s decision
regarding lifting the mask mandate was because as a public body, the
mandate meant that they would be excluding those unwilling to wear masks,
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
thereby running afoul of the open meetings law requirement that the public
be able to observe.
10.6.6.Discussion then evolved into concerns with the Water District Advisory
Committee and feeling disconnected from them, in addition to feeling
disconnected from Fire and Highway.
Resolution 88 of 2022 To Discontinue the Extra Effort and Cost of Disinfection
Moved By: Gagnon Seconded By: Hunter
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 88 approved
10.7.Resolution 89 of 2022 To Appoint Katharine Hunter to Danby Youth Commission
Moved By: Gagnon Seconded By: Schnabel
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 89 approved
10.8.Further Discussion of How to Structure Planning Outlined by David West
10.8.1. Beardsley Lane Stormwater District Formation - Joel and David
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
10.8.2. Zoning for Short Term Rental of Accessor y Buildings - Yurts, treehouses,
cabins, trailers, etc. - Group decided at last meeting
10.8.3. Site Plan Review for Ag. Development that involves public traffic - David to
draft and bring to the Board
10.8.4. Residential Design Guidelines for Hamlets and Clusters - Working Group
10.8.5. Zoning for Marijuana Businesses - Start with educational forum and
examples, decide if action is needed from there
10.8.6. Transfer of Development Rights System - David will draft and bring to
board
10.8.7. Administrative Zoning Code Edits - David will draft and bring to board,
board will decide if more process is needed
10.8.8. Subdivision Law Process and Clarification Update - Planning Board
10.8.9. Planning Board Approval Application Packet - Planning Board
10.8.10. Hamlet Septic Oriented Development Study - David, HUNT Engineers,
Report to Town Board at Draft stage
10.8.11. Promoting Hamlet properties for Infill Development - David coordinating
10.8.12. Editing and Adopting Tompkins County Hazard Mitigation Plan - David to
bring to Town Board
10.8.13. Pursuing Homeowner Rehab Program funding - David to draft RFP, Board
review scope
Resolution 90 of 2022 To Approve the Framework Outlined by Planner West
Moved By: Gagnon Seconded By: Hunter
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 90 approved
10.9.More on the Structuring of Town Newsletter Publishing -- Submission Methods,
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Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:00PM
Content Guidelines, Oversight, etc.
10.9.1.The mailed newsletter will look the same as the electronic format. Pat is
leading the effort to get submissions. She also received the bulk mailing
permit for the Town.
10.9.2.Need to formalize the structure, doing it as a town, and set up a committee
10.10.Resolution 91 of 2022 To Approve Food Pantry Local Law
Moved By: Gagnon Seconded By: Hunter
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 90 approved
11.Discussion of Next Meeting Agenda
11.1.19 Jan 2022 Minutes for Approval
11.2.CAC subcommittee and Solar Panels and Wetlands options
11.3.Procurement Policy and Procedure
11.4.Revisit Level of Operation
12.Meeting Adjourned at 21:48.
_________________________________________
Submitted by Janice R. Adelman
Town Clerk
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