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Home My WebLink About2022-04-05 Town Board MinutesRoll Call: The Town of Danby, New York 1830 Danby Road, ltbaca, NY 14850 https://danby.ny.gov Town Board Regular Meeting Tuesday 5 April 2022 +1-607-277-4788 1 townboard(a danby.ny.gov Meeting Minutes Town Board Joel Gagnon, Supervisor Leslie Connors Katharine Hunter Sarah Schnabel Patricia Woodworth Town Planner David West Town Code Enforcement Officer Steve Cortright Town Bookkeeper Laura Shawley Recording Secretary Janice Adelman, Town Clerk Guest Speakers Alexis Dengel Danby Youth Commission Applicant Nina Arnold Danby Youth Commission Applicant Jim Holahan Clean Energy Presentation 1. Meeting Called to Order at 19:oi by Supervisor Gagnon 2. Additions/Deletions to Agenda 2.1. Review of Beardsley Ln. DRAFT Storm Water District Map Plan and Report 2.2. Cayuga Lake Watershed Inter -municipal Organization MOA Approval 3. Privilege of the Floor 3.1. Ted Crane, Danby Resident. (1) A clerical point that the town website refers to joining the meeting as a "zoom room" which the Zoom company would disagree with because "zoom room" is the name of a particular configuration of hardware and software that is an added expense; this is merely a zoom meeting. (2) One of the resumes linked to the agenda is unreadable. (3) Crane acknowledged being not terribly sure of but suggested the Town take this into consideration at this meeting and in future meetings: The Open Meetings Law says that regardless of how a meeting is carried out, in person or remote, the public should be able to listen and observe what is going on. There are two different interpretations, but the interpretation within the open meetings law is that your video should be on if you are Town Board member and audio should also be on at all times. Because otherwise, if you have someone else in the room, they could be whispering Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM instructions in your ear. These are the words of the Committee for Open Government. (4) The proposed noise law is a very simple resolution that establishes a set of procedures, which are a whole lot better than what we have right now, which is nothing. Crane observed that it is extremely subjective; dependent on the point of view of the law enforcement operating officer who shows up, or the town -appointed person. (5) Crane did not very carefully read the Danby amendment to the hazard mitigation plan, but noted that on the very first page, Section 9.4.1 states that the alternate point of contact should be a councilperson who left office several months ago and who is currently not the deputy supervisor, so that should be updated. 3.2. Ronda Roaring, Danby Resident. In regard to the hazard mitigation plan resolution, Roaring recommended holding hearings before the Town Board considers the resolution. She had asked to be part of the discussion about the hazard mitigation with a serious interest in the topic. Yet she was not contacted in any way about any kind of meetings about the hazard mitigation. She didn't remember the county having any kind of public meetings and is therefore asking the Town to have hearings in the Town with the residents of the Town concerning the Town of Danby portion of the hazard mitigation. 3.3. Pat Woodworth acknowledged that Gould Colman died, a resident who was very active in the Town in many different ways, including serving on the Town Board. Gagnon noted that next meeting we should pass a resolution of appreciation. 4. Correspondence 4.1. Town of Ithaca Development Proposal Booster Station Application 4.1.1. Planner David West explained that Article 239 requires notification when a project is near a municipal border. The Town of Ithaca is adding some equipment to the water tank that is within 500 ft of the Danby/Town of Ithaca border. This correspondence is the Town of Ithaca's required notification prior to initiating their project. Danby could challenge their desire to be the lead agency (not necessary in this case), or Danby could request to be included in the SEAR process if so desired. 4.1.2. West noted that on his review of the project proposal, there seems to be a very small impact and did not see why the Danby would want to be a part of this, however, it remains in the town's purview to request to be included if desired. 4.1.3. Town Board consensus was no action needed. 5. Announcements - none. 6. Interviews of Prospective Youth Commission Members 6.1. Alexis Dengel Page 2 of 14 Town of Danby Board Meeting 6.2. Nina Arnold Tuesday 5 April 2022 at 7:00PM y. Reports & Presentations 7.1. Clean Energy Communities Possibilities —Jim Holahan 7.1.1. Holahan met with Regina Cassidy last week regarding options for our status as a Clean Energy Community. 7.1.2. Our first step was to submit our $S000 grant; confirmation needed that this was successfully submitted. 7.1.3. Next steps: we currently have 1,700 points. The next level to reach is 3,000 points which affords a $10,00o grant. 7.1.4• 4000 points leads to a $20,000 grant; 5000 points leads to a $70,000 grant. So how do we get to 3,000 points? 7.1.5. Advanced benchmarking in the utility bills to compare with other towns. This makes us eligible for another 200-300 points. Cassidy recommended revisiting the NY Stretch Code. Because there had been some reluctance last year around this, Regina Cassidy and Lou Vogel are scheduled to present to the Board at its next meeting around this topic. Adopting this initiative will allot the town 1200 points; if adopted by June 30, it also includes a bonus $S,000. After that, we would continue working toward the next level while also considering how the Town Board would want to appropriate the new funding. 7.1.6. Improvements at Town Hall EV charging stations by the bus station and park. Electric vehicles for the Code Enforcer, Planner, and possibly Highway Superintendent to use. 7.1.7. Community -wide project. See the following for further specific details: NYSERDA Clean Energy Communities 1200 Points NYStretch Energy Code 202o EAQ NYStretch Energy Code 7.2. 202o Recreation Partnership Contract Proposal — Marnie Kirchgessner 7.2.1. Spread the word that the County has negotiated free bus transportation for youth up to age 18 7.2.2. The Recreation Partnership agreement comes up every S years; offers opportunities for all youth residing in Tompkins County through the Ithaca Youth Bureau. 7.2.3. The current proposed agreement mirrors the existing agreement; Kirchgessner is asking for the Board's support of this new agreement. 7.3. Noted that Danby has the highest number of participants of the smaller municipalities.Will review and discuss at the next meeting; Kirchgessner needs to know of any concerns or objections by 22 April.Town Planner Report 7.3.1. Planning Board's last meeting had four projects on the agenda 7.3.2• 136o Coddington Road: added a second dwelling; this was the last Page 3of14 Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM project that was under review under previous zoning.The other three projects will be back before the Planning Board at this month's ig April meeting 19 April Planning Board Reviews 7.3.3• lob Marsh Road: subdivision and conservation easementi58 Peter Road: SFH construction in Rural 1 zonel2i Durfee Hill: SFH construction in Rural 1 zoneNew project at 256 Bruce Hill Rd: conservation easement with variance to go before the PB and possibly the BZA 7.3.4• Attended Southern Tier Central conference last week. 7.3.5• Solar Farm project continues regarding the wetland delineations 7.3.6. West has also had many meetings with interested parties in hamlet development 7.4. Town Clerk March 2022 Report Pursuant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection with my office during the month stated above, excepting only such fees and moneys the application and payment of which are otherwise provided for by Law: Remit to Dept Budget Line Description Qty Total Monies Collected External Agency Remit to Agency Danby Gen Fund Clerk A1255 DECALS 1 $25.00 NYS DEC $23.62 $1.38 Marriage Licenses 0 $0.00 NYS DoH $0.00 $0.00 Marriage 0 $0.00 — 0.00 $0.00 Transcripts A1550 Impoundment Fees 1 $50.00 SPCA 0.00 $50.00 A2544 Dog Licenses 8 $144.00 NYS A&M $16.00 $128.00 Code A2555 Building Permits 3 $100.00 — 0 $100.00 Planner A2110 Zoning Appeals 0 $0.00 — 0 $0.00 A2115 Planning Fees 1 $220.00 — 0 $220.00 A2655 Subdivisions 0 $0.00 — 0 $0.00 Grand Totals $539.00 $39.62 $499.38 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 and that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn this 5th day of April 2022. Page 4of14 Town of Danby Board Meeting 7.5. Code Enforcement March 2022 Report Tuesday 5 April 2022 at 7.-OOPM —Janice Adelman BUILDING PERMITS ISSUED VaIUE Fee New Residential Construction Renovations/Other 649 East Miller Rd — wood stove 4,618 $25.00 90 Lieb Rd — new roof 23,677 $50.00 23 Nelson Rd — new bathroom- renewed permit $25.00 MONTH TOTALS 28,295 $100.00 TD TOTALS 441,186 $1491.50 PREVIOUS YTD TOTALS 412,891 $1391.50 CERTIFICATES OF COMPLIANCE 25 Maple Ave — wood stove 209 buttermilk Ln — deck 85 Bald Hill Rd — new roof 1859 Danby Rd — new roof 649 East Miller Rd — wood stove CERTIFICATES OF OCCUPANCY None ADDITIONAL ACTIVITY 11 Construction inspections Completed and submitted NYS 1203 Code Enforcement Report for 2021 to NYS DOS Completed and submitted U.S. Census Bureau report for building permits for 2021 C-404 Town of Caroline hours 41 26 hours of in-service training An introduction to performance Compliance Method Doors: A few questions 2018 Fire and Life safety Principles Framing for Energy Code Means of Egress Fire Alarm Inspections 25 Steps to Failure Division of Building Standards and Codes Update DBSC Records and Public Service After the Storm - Recovery Exterior Requirements of the PMCNYS Battery Storage Systems Inspection, Testing and Maintenance — fire extinguishment systems Fire Safety During Construction 7.5.1. Connors checked in with Cortright to make sure he was doing OK Page 5 of 14 Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM handling the additional Caroline hours 7.5.2. Cortright noted that he has encouraged the Caroline Supervisor to more actively recruit a new Code Enforcement Officer; interviews are scheduled for next week. 8. Consent Agenda 8.1. Meeting Minutes 8.1.1. i9 January 2022 8.1.2. 16 March 2022 8.2. Warrants 8.2A. General Fund Abstract 7 Vouchers too —ill for $4286.7.7 8.2.2. Removed the Sentry Invoice Voucher log for $27oNow We have Vouchers too-110 for $3984.72Highway Fund Abstract 7 Vouchers 62-68 for $25,165-43- 8.2.3. Abstract 6 amendment to Link Authorized Expenditures to Their Associated Budget Lines 8.2.4. Board would like the Finance Committee to meet and understand what the Board's role is to go through these warrants, vouchers, and abstracts. Bookkeeper will chair the group and convene the first meeting. Resolution 91 of 2022 To Approve the Consent Agenda Covering Meeting Minutes (19 Jan 2022 and 16 Mar 2022) and Warrant Abstracts 7 Vote: Moved By: Woodworth Seconded By: Schnabel Councilperson Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 91 approved 9. Business of Town of Danby Policies and Procedures 9.1. CAC subcommittee and Solar Panels and Wetlands options Page 6 of 14 Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM Resolution 92 of 2022 That the Planning Board Use This Committee Report as Guidelines for Consideration When Conducting Site Plan Review for Solar Arrays Moved By: Schnabel Seconded By: Connors Vote: Councilperson Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 92 approved 9.2. Procurement Policy and Procedures Resolution 93 of 2022 To Approve The Revised Procurement Policy and Procedures Moved By: Gagnon Seconded By: Connors Vote: Councilperson Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 93 approved 9.3. Revisit Level of Operation 9.3.1• Gagnon wondered if we should make masks optional 9.3.2• Connors felt that we should not lift restrictions; Schnabel suggested to leave masks in place and revisit at next meeting. 9.3.3• Board consensus was to maintain the current level at Level 2. Page 7 of 14 Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM 9.4. Proposed Reimbursement to DCC for January and February Danby News 9.4.1. Pat noted that we took the money out in the January meeting. 9.4.2• Proposed reimbursing actual expenses incurred for putting out the January issue in an amount not to exceed 1/12th Resolution XX of 2022 To Approve A Reimbursement of Actual Expenses Incurred to the DCC for Publishing the January Issue in an Amount Not To Exceed 1/12 the Estimated Publishing Budget Costs Moved By: Gagnon Seconded By: Schnabel Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Motion failed 9.5. Noise Law -- Review and Possible Scheduling of Public Hearing 9•S•1. Would like to schedule public hearing with the option to gather more feedback at additional public hearings. 9•5.2. Justice Garry Huddle noted a number of questions that arose with him regarding the the need for such an ordinance, the justices' ability to enforce this law, the need for permits, etc. 9•S•3• Planner David West noted the topic of permitting is something worth talking about given his conversation with Noise Committee Chair Betsy Wohl. West suggested the permitting option be added due to concerns that with the way the ordinance was written, there wasn't any obvious way to know whether a person would be safe from prosecution because there is no standard measure to indicate whether "noise" being produced is an acceptable amount. If the definition of what's unreasonable is too vague, then having a permit process would ensure that a person would have reason to believe they would be safe from prosecution in relation to this ordinance. 9•5.4• The Board noted its intent to make sure this proposed law and the Page 8of14 Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM public hearing is well -publicized in both the Town newsletter and online. Resolution 94 of 2022 To Schedule Public Hearing on 18 May Moved By: Gagnon Vote: Councilperson Seconded By: Schnabel Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 94 approved 9.6. Use of American Rescue Plan Act Funds -- Process for Identifying and Prioritizing Use of Funds 9.6.1. Gagnon noted that David West suggested this is a significant opportunity here to make capital investments in the future; thus we ought to be considering these funds in the context of the comprehensive plan, including reviewing the capital projects wish list created during the budget process last year, as well as the workplace violence initiative and recommendations. 9.6.2. Gagnon proposed a committee to start a list of items for the Board to review. The committee could consist of him, David someone from highway, another board member. 9.6.3. This was not to be decided on tonight, but rather something to think about and come back to next time. 9.3. Contract Review and Approval of Community Science Institute, Danby Community_ Park Association 9.7.1. There was discussion around the numbers presented in the proposed DCPA budget as some numbers were not lining up. Resolution 95 of 2022 To Approve DCPA Contract with slight modification of what money would be used for with $20o added for fuel and $too to trail maintenance Moved By: Woodworth Seconded By: Connors Page 9of14 Town of Danby Board Meeting Vote: Councilperson Aye Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 95 approved Tuesday 5 April 2022 at 7:00PM Nay Absent Resolution 96 of 2022 To Approve Community Science Institute Support Contingent That It the Agreement Reflects the 2022 Town of Danby Budgeted Amount. Moved By: Schnabel Seconded By: Connors Vote: Councilperson Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 96 approved 9.8. County Hazard Mitigation Plan -- Approval as Amended 9.8.1. Danby Edited Addendum 9.8.2. County Plan Main Body and Appendices Resolution 97 of 2022 To Adopt the Tompkins County Hazard Mitigation Plan: 2021 Update With the Town of Danby Edits Moved By: Gagnon Seconded By: Connors WHEREAS, all jurisdictions within Tompkins County have exposure to natural hazards that Page 10 of 14 Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM increase the risk to life, property, environment, and the economy; and WHEREAS, pro -active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post -disaster hazard mitigation programs; and WHEREAS, a Planning Partnership of all Tompkins County municipalities has been formed to pool resources and create consistent mitigation strategies within Tompkins County; and WHEREAS, the Planning Partnership has completed a planning process that engaged the public, assessed the risk and vulnerability to the impacts of hazards, developed a mitigation strategy consistent with a set of uniform goals and objectives, and created a plan for implementing, evaluating and revising this strategy; and WHEREAS, TOWN OF DANBY will consider this Plan during the implementation and updating of local plans, and will incorporate the hazard assessment data, hazard vulnerabilities, and mitigation actions in these plans, where applicable, now therefore be it RESOLVED, That TOWN OF DANBY, as a participating jurisdiction in the Plan's development, adopts the Tompkins County Hazard Mitigation Plan: 2021 Update (the "Plan") as the County's Hazard Mitigation Plan, RESOLVED, further, that TOWN OF DANBY will: 1. Use the adopted Plan to guide pre- and post -disaster mitigation of the hazards identified; 2. Coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority; 3. Continue its support of the Planning Partnership as described within the plan; 4. Help to promote and support the mitigation successes of all participants in the Plan; 5. Incorporate mitigation planning as an integral component of government and partners operations; and 6. Provide an update of the Plan no less than every five (5) years. SEQR ACTION: Type II - 27 Vote: Councilperson Aye Nay Absent Page 11 of 14 Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 97 approved 9.9. Feedback to TCCOG on Proposed County Takeover of Address Assignment 9.9.1• Gagnon received feedback that he will take back to TCCOG 9.10. Review of Beardsley Ln. DRAFT Storm Water District Map Plan and Report 9.10.1. Planner West reminded the Board that this tract of work is very old, predating most all recent planners, back around 2004. 9.10.2. The first step would have been to pass a resolution; not sure if this happened in 20o6, or maybe in 2019. Possibly not done because it was previously paid for with escrow funds and not taxpayer funds. The resolution then sets -up a 10-day referendum.... The next step is to issue a notice that the town is adopting the final map plan and report with additional steps thereafter, including comptrollers office, etc. 9.10.3. No formal action taken but will pass on the report 9.10.4. Sarah found resolution 25 of 20o6 9.11. Cayuga Lake Watershed Inter -municipal Organization MCA Approval 9.11.1. Request to postpone decision until next meeting so all board members can review. 9.12. Add more members to Youth Commission 9.12.1. Hunter recommends increasing number from 7 to 15 so that we can have a commission that will include the people 9.12.2. Recommends having a quorum equal the majority number of individuals duly appointed. Then there wouldn't be a problem in attaining quorum since it is not tied to the number of vacancies in the commission. Resolution 98 of 2022 To Authorize Changing the Youth Commission Framework to Allow For Up To 15 Commission Members With No Real Minimum Number Where Quorum Will Consist of the Majority of Members Duly Appointed. Moved By: Gagnon Seconded By: Hunter Discussion: Hunter mentioned a second point to be raised with the county regarding Page 12 of 14 Town of Danby Board Meeting Tuesday 5 April 2022 at 7:00PM the age of the youth member being lowered from 16 years of age, particularly given that 16 year -olds have already aged out of the programs. Vote: Councilperson Aye Nay Absent Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 98 approved 9.13. Town Newsletter -- Submission and Content Guidelines, Oversight 9.13.1. Discussion of having a special board meeting on May 9 at 6pm? Resolution 99 of 2022 To Hold a Special Meeting on 9 May 2022 at 6pm Moved By: Gagnon Seconded By: Woodworth Vote: Councilper A Nay son ye Abse nt Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 99 approved 10. Discussion of Next Meeting Agenda 10.1. Resolution for Colman 10.2. Clean Energy Stretch Code Presentation 10.3. Intermunicipal Recreation Partnership Agreement 10.4. Use ofARPA Funds Committee Designation Page 13 of 14 Town of Danby Board Meeting 10.5. CW1O MOA 10.6. Meeting Times 10.7. Appointments to Youth Commission 10.8. Review Level of Operations 11. Meeting Adjourned at 21:59• Tuesday 5 April 2022 at 7.-OOPM Submitted by Janice Adelman Town Clerk Page 14 of 14