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Home My WebLink About2022-05-03 Town Board Minutes Meeting Minutes Roll Call: Town Board Joel Gagnon, Supervisor Leslie Connors Katharine Hunter Sarah Schnabel Patricia Woodworth Highway Superintendent Keith Shipman Town Planner David West Town Bookkeeper Laura Shawley Recording Secretary Janice Adelman, Town Clerk Guest Attendees David Norbut Jon Stone David Cox Martin Giandi Nathan Vander Wal Owner, Norbut Solar Farms Norbut Solar Farms Pastor Associates Project Engineer, BMA Associates Nixon Peabody, Project Counsel 1. Meeting Called to Order at 18:04 by Supervisor Gagnon 2. Additions/Deletions to Agenda 2.1. Sentry Invoices to add to General Fund Abstract 9 2.1.1.Jan 1 Invoice 2.1.2.Feb 1 Invoice 2.2. Levels of Operation Review 3. Privilege of the Floor 3.1. Ronda Roaring, Resident: Spoke to say that she agrees with Bob Lieberman (in his letter attached under correspondence) on all points. On the other hand, she stated that it is disingenuous for what she assumes to be the Town Clerk blocking out his contact Mary Ann Barr 2021 T he Town of Danby, New York 1830 Danby Road, Ithaca, NY 14850 https://danby.ny.gov Town Board Regular Meeting Tuesday 3 May 2022 +1-607-277-4788 | townboard@danby.ny.gov Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM information when he put it in the letter and is on the Cornell website. 3.2. Ted Crane, Resident: Apologized that he might run a little bit longer; he might have been able to deal with some of this material in writing but the agenda wasn’t on the website until today, or very late last night, so he has to respond verbally to everything for all of his thoughts. (1) The agenda hyperlink for the 20th of April meeting minutes doesn’t work; he can’t say anything about them. (2) The resolution of appreciation for Gould Colman is a wonderful idea, but Crane thinks that were he not a democrat, he might be offended that the first thing mentioned in that resolution is that he was a member of an exclusive organization [the Democratic Committee] that shouldn’t be part of what the town recognizes in a non-partisan way. (3) In general Crane likes zoom meetings but doesn’t like that some people would opt out at their whim; the solution according to Crane is to use the videoconferencing option very infrequently and only when a councilperson will be absent but could come in by video conference. (4) The modest extension of the hamlet does not offer any explanatory details while the map linked to the agenda appears to be a much larger extension than modest. His main concern is what it means to expand in that area; what are the zoning and neighborhood requirements that would be extended beyond where they are now. Crane is personally not in favor of seeing houses spaced 10 or 20 feet going quite a distance out from the center of town, which is too close to the rural zone. (5) The last time the NYStretch code came before the board there was a substantial argument for not approving it because it was too expensive. However, Crane stated “if you think you ... can save some people money today in return for an infinite time forward when they’re going to be paying more and the breakeven is not ver y far out, that’s shortsighted thinking.” Crane is in favor of enacting these guidelines as soon as possible to have the best long-term effect. (6) Crane read through the proposed SPCA law change and deduced that it does not make the law more specific—it changes it completely. (7) Crane objected to the inclusion of privilege of the floor in the 27 April minutes when none was announced at the meeting and the meeting proceeded without it. 3.3. Garry Huddle, Resident: Stated that the resolution for Gould is a great idea but thinks the town should be careful about putting this out when two other people who recently died that did a lot for the town but were not equally recognized: Ric Dotson (somewhat controversial) and Ralph Bowles (with over 50 or 60 years of dedicated ser vice in the fire department). Theresa Klinger also noted that Ralph was a town judge. Page 2 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM Huddle acknowledged that and recalled a discussion when Liz Roe was the editor of the Danby News and initiated a series and a proposal to recognize people who have contributed to the vibrancy of the town; a long discussion was had about how to decide who to recognize. Supervisor Gagnon noted that he would be happy to entertain proposed language for recognitions if Garry would be willing to propsoe something. Huddle agreed to draw something up. He also responded to the proposed change in the town dog law being the result of two recent dog cases before the court where either people or animals or both had been bitten by a dog. The justices found that the portion of the law stating the dog must be “under control by voice command” is broad and difficult to prove in court. 4. Correspondence 4.1. Email: Noise ordinance and question about Zoning Enforcement From: Robert H. Lieberman Thu, 28 Apr 2022 11:21:49 -0400 To: townboard@danby.ny.gov Hi, My wife and I strongly support the noise ordinance being proposed, esp. since we are assailed by ATV, dirt bikes, people blasting stereos, and constant gunfire. This is long overdue. Now, here’s a question: Why isn’t Danby enforcing the junk ordinance law that’s clearly on the books. How about cleaning up all the eyesores plaguing our town? This affects property valuations, taxes, etc. Why is the town so timid? Best Regards, Robert H. Lieberman 4.2. Letter: Danby Noise Ordinance by Garry Huddle Danby Town Board: My thoughts and concerns about the Danby Noise Ordinance as a resident of the town of Danby for over 50 years. I have many questions and concerns about this proposed Noise Ordinance the way it is written. First, I don’t think this is the time to have a Public Hearing on the Noise Ordinance. A topic like this that may be controversial should be in person not via Page 3 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM Zoom. Many older people, other people that are not computer literate and others that don’t have internet access will not be able to participate. Danby was organized as a town in 1811 and annexed to Tompkins County in 1823, that’s 211 years, why the rush. Let’s wait until we can meet in person to have the public hearing so any of the town people that may be interested can attend. As we all know the peace and wellbeing of ever yone is ver y important to all of us. We also know that there are neighbors out there that are very annoying and hard to get along with, and we also know that there are other neighbors out there that would sit on their decks or porches and complain about anything, one is just as bad as the other. And when you have neighbors like that living next to each other is not a good situation. Don’t pass a law or ordinance to satisfy a few at the expense of the whole town. 5. Announcements — none 6. Reports & Presentations 6.1. Code Enforcement Officer—tabled until next meeting 6.2. Town Clerk’s April 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: Dept Budget Line Description Qty Total Monies Collected External Agency Remit to Agency Remit to Danby Gen Fund Clerk A1255 DECALS 2 $245.00 NYS DEC $241.86 $3.14 Marriage Licenses 0 $0.00 NYS DoH 0.00 $0.00 Marriage Transcripts 0 $0.00 — 0.00 $0.00 A1550 Impoundment Fees 1 $0.00 SPCA 0.00 $0.00 A2544 Dog Licenses 6 $99.00 NYS A&M $10.00 $89.00 Code A2555 Building Permits 4 $295.00 — 0.00 $295.00 Planner A2110 Zoning Appeals 1 $120.00 — 0.00 $120.00 A2115 Planning Fees 2 $135.00 — 0.00 $135.00 A2655 Subdivisions 1 $235.00 — 0.00 $235.00 Page 4 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM Grand Totals $1,129.00 $251.86 $877.14 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 3rd day of May 2022. —Janice Adelman 6.3. Town Planner David West 6.3.1.Last Planning Board meeting was a busy one, involving: 6.3.1.1.Site Plan Approval was granted for two parcels; the first site plan approvals under the new zoning law. - 121 Durfee Hill - 158 Peter Road The Site Plan Review for the above-referenced parcels highlighted the differences in the new process; Planner West devoted his column in the Danby Town News to discussing the process of Site Plan Review and what the Planning Board can and cannot do. 6.3.1.2.Began review of two cluster subdivisions - 108 Marsh Road - 256 Bruce Hill Road The two cluster subdivisions are also odd implementations and unique circumstances which is par for the course with feeling out how the new rules and processes will be implemented. West noted that 256 Bruce Hill may end up moving to the BZA since the Planning Board grapples with the flexibility that they have, what they’re comfortable granting, and what they would prefer to be reviewed by the BZA. 6.3.2.A property at the top of Beardsley Lane and 96B is now under construction, however it does not match the approved site plan, granted prior to West’s tenure. The project will come back to the Planning Board next month for review of what they have started and the need to get the Planning Board’s approval for any site plan amendments in terms of landscaping and grading Both the Highway Department and Planner West have visited the site. Page 5 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM 6.3.3.The first short-term rental advisory group meeting happened this morning. 6.3.4.West is coordinating a site visit to the solar farm field location for the Planning Board in particular to understand the sighting considerations there when they take this project application back up for review this month. 6.3.5.West will meet with a School District representative to discuss Danby’s tax reduction of conservation easements. Ideally, this would have involvement from them in helping the town think about how tax abatement gets implemented to maximize the likelihood that the school district would participate which is really important if the town wants it to be a useful thing for the property. 7. Consent Agenda Adding the Jan and Feb 2022 Sentry Invoices to the General Fund Abstract 9 will result in adding Voucher 146 in the amount of $895, for a total amount owed on abstract 9 as $9,513.40. The two bills had been received and paid in the same amount in 2021; there was no record of receiving these bills in 2022 until Sentry called the Town Clerk’s office earlier today to inquire about their status. 7.1. Minutes 7.1.1. 20 April 2022 Regular Board Meeting 7.1.2. 27 April 2022 Special Board Meeting 7.2. Warrants 7.2.1. Highway Fund Abstract 08 with Vouchers 69–86 for $43,386.82 7.2.2. General Fund Abstract 9 Vouchers 130–145 for $8.618.40 7.2.3. Water Fund Abstract 9 Vouchers 52–55 for $5,233.03 Resolution 111 of 2022 To Approve Consent Agenda with Addition of Voucher 146 Thereby Increasing the Expenditures for General Fund Abstract 9 to $9,513.40 Moved By:Schnabel Seconded By:Hunter Vote: Councilperson Aye Nay Abstain Connors X Hunter X Page 6 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM Schnabel X Woodworth X Gagnon X Resolution 111 approved 8. Business 8.1. Review Current Levels of Operation at Level Two 8.1.1.Masks remain in effect at Town Hall (Level Two) 8.1.2.Gagnon noted the ability to meet remotely runs through 8 June 2022; he stated that it would be nice to have enabling legislation to continue remote attendance. 8.2. Gould Colman Resoultion of Appreciation Discussion: Hunter noted that recognizing individuals has been haphazard and understands Huddle’s comments about recognizing deceased residents who have made substantial contributions to the town. Perhaps the historian could spearhead this endeavor going forward. Resolution 112 of 2022 to Recognize Gould Colman Moved By: Gagnon Seconded By: Connors The Danby Town Board acknowledges with appreciation the long histor y and incredible breadth of service of Gould Colman to the Town of Danby. He was an early organizer and Chair of the Danby Democratic Committee and actively engaged in its work until quite recently, chairing the party nominating caucus several times. He served as a volunteer firefighter, several times on the Advisory Board of Assessment Review, and as Deputy Town Super visor, in addition to a long and supportive involvement with the Danby Community Council and Danby Community Park Association. His can-do spirit inspired many and exemplified a responsible citizenship that seeks to build up and support the common good. He saw where he could be of service (he was the dog enumerator in 1966!) and willingly brought to bear his unique talents and skills. Danby is much the better because Gould Colman chose to dwell amongst us. Page 7 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 112 approved 8.3. SEQR Review of Norbut Solar Farm & Potential Project Approval 8.3.1.Planner West delivered copies of the full Norbut Solar Project application to Board members. Since that delivery, changes were made. West continues to keep the online version up-to-date. Paper copies of the application are available at Town Hall. 8.3.2.West noted that Norbut Solar is working hard to keep this project moving for ward and get approvals moving since there are funding deadlines for solar subsidies that would affect them. These deadlines are not the town’s concern, however, it is worth mentioning them and acknowledging Norbut’s continued efforts to respond to the town’s concerns and provide information as quickly as possible. 8.3.3. With that goal in mind, there's a few things before the board today. Norbut provided a full application a week ago which has already had some changes made with the DEC looking at stormwater impacts and our TG Miller Consulting Engineers looking into a few more things to that may need further clarification before recommending moving into final review of SEQR and adoption of zoning change. 8.3.4.West suggested scheduling a special meeting on May 23rd to allow enough time to advertise for the public hearing given the proposed zoning change. Given the many moving parts, the town is trying to do the best they can to be accommodating while also being careful. 8.3.5.A newly stated impact relates to the Northern Harrier raptor, an endangered species that was identified on the site during one of the DEC’s site visits. This requires them to move for ward with a breeding season study that will run from May through July 2022. The question for Page 8 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM the Board is whether removing the forest on this parcel would have a moderate to large impact or a small impact. Discussion on this information involved turning to experts in Danby, including Bill Evans and the CAC for input. 8.3.6.The main point from Planner West is that the board cannot make a conditional SEQR approval; for SEQR Type I action like this, any mitigating efforts to reduce a significant impact would have to be included in the application package. Norbut Solar representative Jon Stone introduced the Norbut Solar Farm representatives present at the meeting and spoke to some of the concerns that had been raised. Re the wetlands, there is a final agreement on the delineation between all surveyors with an additional 10th of an acre. Norbut has agreed to revise the design to remove panels that are in conflict with the new delineation. 8.3.7.Councilperson Schnabel asked what should be done next. West replied as follows: 8.3.7.1.There are a few punch list items that the applicant can turn around fairly quickly. 8.3.7.2.Depending on the Board’s comfort level, you could schedule a special meeting for 23 May 2022 with the understanding that the applicant would need to have a very final application that addresses the last concerns of the engineer. 8.3.7.3.Working through draft SEQR Parts II and III in a way that’s acceptable to Town Attorney Guy Krogh and that the board agrees with while getting experts’ feedback on mitigating some of the concerns that have been raised. 8.3.7.4.Of note is that the applicant is no longer requesting a subdivision, however a zoning change is still needed because the zoning was updated on half of the parcel and the hamlet neighborhood which still needs to be resolved. 8.3.7.5.West requests feedback from the Board on where they are looking at the SEQR going, what kind of concerns are there, with the Northern Harrier sighting and other little details on the site itself. 8.3.7.6.Once SEQR and zoning amendments are approved, it would then move to the Planning Board which is the board in charge of the Site Plan Review. Page 9 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM Resolution 113 of 2022 to Schedule Public Hearing/Special Meeting on 23 May 2022 at 6pm Contingent Upon receiving Something Or Other Moved By: Schnabel Seconded By: Woodworth Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 113 approved 8.4. Consider Creating a Local Law to Set Conditions for Remote Board Meeting Attendance Coinciding with Updated OML Amendment 8.4.1.Councilperson Schnabel has an initial draft of a video-conferencing policy that would enable board participation at meetings via video-conference under extraordinary circumstances. 8.4.2.Gagnon noted that extraordinar y circumstances include care-giving, OR an unexpected event, e.g., road conditions or bereavement. 8.4.3.Schnabel asked what others thought of the options in the draft law and what other options should be considered. 8.4.3.1.Schnabel suggested when someone is sick, they automatically video-conference in rather than attend in person. 8.4.3.2.Board members discussed finer details around expected versus unexpected out of town appearances, e.g., due to caregiving for a relative out of town, or wintering Florida, respectively. 8.4.4.Schnabel is ready to have a draft version to consider on the 18th. Scheduling a public hearing is tabled until then. 8.5. Consider a Modest Extension of the Hamlet Neighborhood Zone North of Bald Hill Road in a Westerly Direction 8.5.1.The Zen Center owner wants to add 3 more houses to their parcel on Bald Page 10 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM Hill Road, which is currently in rural zone 2. 8.5.1.1.The Zen Center parcel is the first parcel outside the of the Hamlet neighborhood. 8.5.1.2.The parcel is just over 10 acres and has already exceeded development capacity in the R2 zone. 8.5.2.The question for the Board is whether they would allow for further development here. 8.5.2.1.If so, West will draw up a local law to proceed. 8.5.3.What development potential has the zen center used under the rural 2 designation would not be easy to determine. 8.5.3.1.The easiest thing to do, then, is to re-zone it as part of the hamlet neighborhood. 8.5.4.The Board is willing to consider this; it will come back as a proposal for a zoning change. 8.6. Consider Authorizing Payment of Shawley Lodging for One Night at the PERMA (Public Employees Risk Management Association) Conference Resolution 114 of 2022 to Authorize One Night Lodging for Laura and Jack Shawley at the May 2022 PERMA Conference Moved By: Woodworth Seconded By: Connors Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 114 approved 8.7. To Stretch or Not to Stretch Resolution 115 of 2022 To Schedule Public Hearing on LL to implement NYStretch Page 11 of 12 Town of Danby Board Meeting Tuesday 3 May 2022 at 6:00PM Energy Code for 7 June 2022 at 6pm Moved By: Gagnon Seconded By: Schnabel Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 115 approved 8.8. Consider Amending Dog Control Law per SPCA Recommendation 8.8.1.Discussion revolved on the issue of controlling one’s dog by “voice command”; this was difficult to show fault on in court, evidenced by two recent court cases. 8.8.2.Tabled until feedback received from SPCA 9. Discussion of Next Meeting Agenda 9.1. Resolution for meetings to have a hard stop after 2 hours. 9.2. Current Level of Operation 9.3. Noise ordinance public hearing 9.4. NYStretch Energy 9.5. Draft ordinance of video conferencing 10. Meeting Adjourned at 20:24. Submitted by Janice R. Adelman Town Clerk Page 12 of 12