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Home My WebLink About2022-03-16 Town Board MinutesThe Town of Danby, New York 1830 Danby Road, lthac14850a, NY https://danby.ny.80v Town Board Regular Meeting I Wednesday 16 March 2022 f' - - { ~--�-.a�. +1 607-277 4788 1 townboard�a danby.ny.gov Mary Ann Barr 2021 Roll Call: Meeting Minutes Town Board Town Planner Town Code Enforcement Officer Town Bookkeeper Recording Secretary Joel Gagnon, Supervisor Leslie Connors Katharine Hunter Sarah Schnabel Patricia Woodworth David West Steve Cortright Laura Shawley 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:o5 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. Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM "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. %. 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. 64 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: "i. Does the Town Board plan on maintaining the free status to both residents and to the fire district? 94 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 Page 2 of 15 Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:ooPM 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 s1. - Ronda Roaring, Danby Resident (1) Roaring agreed with Ted regarding the BZA application as being a clear conflict ofinterest. (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 Pantry 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. S. Correspondence 5.1. BZA Application 5.2. Statement from TC Sheriff 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 Page 3 of is Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM 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 Page 4 of is Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM 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 i03141 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 services. 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) Page 5 of is Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM 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 $3o,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 i6th 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%ial)�fnail%n%uesday°%5Warch°e2,022 % Hello r%ownMoard,% I%ill'Aot%eOAble%OA-lake°tomorrow's'A-leeting.'EereT6%iy'k(eport. °As%sual, % let°die%now%Uere°X69�omething° nOAo%Dr*u.° anOKlein% TheTdnal9�ales%xWceipt%umbers*omM0219�ame%%stWonth.%9&as%% record)�ear.°ReceiptsVere%p I%Okom%020,Vhich*as%%ery(Yow9. ales%x)�ear% due%UeMutOAown%fUe(Y®cal9Aconomy.93ut%021T&ceiptsVereWso%p%b%0kom% 2019, Vhich�self*as%(acord9dear.%'sq�ardU%ayO6xactlyVhatOAccounts%Dr%iis% Page 6 of is Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM increase,but%ieTkely%ontributors',�xelent-upOAemandOAnd%igh94aslorices. r%he% Town%fODanby9�ees%9ffiare%f%ieseOAales%xWceipts.% ManyO,Danby'esidents(keceivedUeirOAew%ssessments,OAnd%Tot%fOeople%re% shockedOAndOAngry. Mdon't%now%UisUakes%%nyOAasier%orloeopleU%ke, %ut% here%re%Okw%iings°%ve%een%dvisingO*opleU9�onsider%at9dren't%nmediately% obviousTcUeO ssessment%otices.% TheTdrstUingUOAnderstandT,s fiat%n(Xssessment%icreaseT6OAotUe%ame(Xs%% taxUcrease,%espiteVhatUe9rtotices%id. r%he%estGAnalogy ave'YsUatUeUtal% taxes9Yevied%re%We,%nd%ssessment(*st%ys%ow%ig)�our9gice9Y6.% Assessment%%nWtemptUOAstimate°knowWuch9faour0houseVouldOAell%Dr.ONo% matterVhat%therT6suesO*t%gged%n,'&at9Y Ue%ottom(Yane:'U%iis94ssessment% number%ccurateUUrms%f%ow%iuch9fiour%ouse V ouldOA-.11Ur? % MostO*ople%reW-assessed%nce%veryUree*ars.%o%O/�ou%ivideUe% percentUcrease%n%iat9Aotice%y%,9you9&ill*t%n%verage%nnualUcrease.%hat% numberVill9�eem%such%lore°faeasonable"UOAT,ot%fOeople. r%he%nlinel'(ea19Astate% siteMillowT(eports%%2.4%Ucrease%iUeTcale0orice%f%ousesUUe%48500/iip%ode% last9fiear,%nd*edicts%%4.7%/Ucrease%iis9faear.%IultiplyUose%umbers%y%%nd% youVill%eeUatUeOA6sessments%re%i%neVithWality.% There%re%OI(ewVaysU9m hallengeO/our%sessment.9®ne9Y,s%Oaompare)�our% property%D%ther9`amilar9oropertiesUat%ave9�oldWcently. °AnotherT6U(YetUe% AssessmentODepartment%now%Uey%aveUcorrectUformation%bout)�our(Oroperty. % You%an°Y(equestUe°AssessmentMepartmentUOdomeU)m our°oroperty9�D)ou%an% show%ieml&ings%ieyVere9rtot%ware%f. % The(Pimple,%nonymous%nline9le11(ohoneWception%jrvey%iatOR�ad% previously*okenVith°you%boutT,sOAow%ve.9A94sks9B04uestions: Vhere%o*u9Y&ve, % whoT,s*ur9�ell0ohone%mpany,%nd%te)dour%119ohoneWception%n%male%f%%% 5.qhis%iformationVill%elpO*nerate%WapOAowingVhereUeOAones%fO000r9�ell% phoneWception%re.(Em9rtot%jre°het%%r%ow%e%re*ingU%e%ble%%se%iis% informationUOAddress%ie(oroblem,%ut°JW%nowO&atT,dentifying9&e9oroblem,Ys%ie% firstO&epU9. olvingT&.Mind%ie9.purvey%t%ttps://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 Page 7 of 15 Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at 7:ooPM 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 too 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. Page 8 of 15 Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM 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 Zo22 Special Town Board Meeting 9.1.3. 1 February 2022 Town Board Meeting 9.1.4. i4 February Zo22 Special Town Board Meeting 9.1.5. 1 March 2022 Town Board Meeting 9.2. Warrants 9.2.1. General Fund No o6 Vouchers 84-99 for $4,7.99.36 9.2.2. Highway Fund No o6 Vouchers 51-61 for $18,_477-27_ 9.2.3. Water Fund No o6 Vouchers 50--51 for $318.25. Resolution 83 of 2022 To Approve the Consent Agenda without the January i9 Minutes Moved By: Connors Vote: Councilperson Seconded By: Schnabel Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 83 approved 9.3• Discussion on 19January2022 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 everyone else as others were able to view the discussion items. Page 9 of 15 Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM 9.3.3• Clerk Adelman will review the warrants and bring these minutes back for the 5 April Board Meeting. io. Business io.i. 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 forward to the Board for feedback and revisit next meeting. 1.0.3. Board of Assessment Review Appointments so.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 Page so of 15 Town of Danby Board Meeting + Public Hearing Gagnon X Resolution 85 approved Wednesday 16 March 2022 at TOOPM 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 $i000). 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 Page 11 of 15 Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM io.5. Request for use of Town Hall io.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. io.S.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 io.6. Revisit Level of Operation and Need for Disinfection io.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). io.6.2. If we continue the mask mandate, we should continue with video conferencing of Water District Committee Meeting. io.6.3. Justice Huddle noted that for the Courts, masks are still required; social distancing has been reduced to aft; he is expecting changes in the next two weeks. io.6.4. Consensus was to maintain the current level 2 operations with masks required. io.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, Page 12 of 15 Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM thereby running afoul of the open meetings law requirement that the public be able to observe. io.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 Vote: Moved By: Gagnon Seconded By: Hunter Councilperson Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 88 approved 1o.7. Resolution 89 of 2022 To Appoint Katharine Hunter to Danby Youth Commission Moved By: Gagnon Seconded By: Schnabel Vote: Councilperson Aye Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 89 approved Nay Absent io.8. Further Discussion of How to Structure Planning Outlined by David West io.8.i. Beardsley Lane Stormwater District Formation - Joel and David Page 13 of is Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM 1o.8.2. Zoning for Short Term Rental of Accessory Buildings - Yurts, treehouses, cabins, trailers, etc. - Group decided at last meeting 1o.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 1o.8.5. Zoning for Marijuana Businesses - Start with educational forum and examples, decide if action is needed from there 1o.8.6. Transfer of Development Rights System - David will draft and bring to board 1o.8.7. Administrative Zoning Code Edits - David will draft and bring to board, board will decide if more process is needed 1o.8.8. Subdivision Law Process and Clarification Update - Planning Board 1o.8.9. Planning Board Approval Application Packet - Planning Board 1o.8.1o. Hamlet Septic Oriented Development Study - David, HUNT Engineers, Report to Town Board at Draft stage 1o.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 1o.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 Vote: Seconded By: Hunter Councilperson Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution go approved io.9. More on the Structuring of Town Newsletter Publishing -- Submission Methods, Page 14 of 15 Town of Danby Board Meeting + Public Hearing Wednesday 16 March 2022 at TOOPM 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 go 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 Page 15 of 15