HomeMy WebLinkAbout2022-12-06 Town Board Minutes
Public Hearing + Regular Town Board Meeting
Roll Call:
Town Board Joel Gagnon, Super visor
Leslie Connors
Katharine Hunter
Patricia Woodworth
[Vacant Board Seat]
Town Bookkeeper Laura Shawley (via videoconference)
Code Enforcement Off icer Steve Cortright (via videoconference)
Town Planner David West (via videoconference)
Recording Secretary Janice Adelman, Town Clerk (via videoconference in
Town Hall office)
Transcript and audio recording are available online.
1.Public Hearings
1.1.Administering Building and Energy Codes Local Law
Opened at 18:04
All those who submitted written comments or spoke at the hearing:
In favor Against Comments
Ronda Roaring Ted Crane
Hearing closed at 18:14
2.Regular Meeting Called to Order at 18:14
3.Additions/Deletions to Agenda
3.1. Resolu on of Recogni on and Apprecia on for Alyssa de Villiers
3.2. Scheduling a Court Audit
3.3. Update on status of Applications to Fill Expiring Term Positions
3.3.1. Danby Youth Commission
3.3.1.1. Nina Arnold
3.3.1.2. Marnie Kirchgessner
3.3.1.3. Jamie Sorrentino
3.3.2. BZA
Mary Ann Barr 2021
T he Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
Janice Adelman, Town Clerk
Cindy Katz, Deputy Town Clerk
+1-607-277-4788 | clerkoffice@danby.ny.gov
Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
3.3.2.1. Earl Hicks
3.3.3. CAC
3.3.3.1. Katharine Hunter
3.3.3.2. Margaret Corbit
3.3.4. Planning Board
3.3.4.1. Jody Scriber
3.3.5. Rec Partnership
3.3.5.1. Marnie Kirchgesner
3.3.6. Expiring Terms Without Reapplica on Submi ed
3.3.6.1. Marie Monroe (West Danby Water District)
3.3.6.2. Jonathan Zisk (CAC)
3.3.6.3. Don Schaufler (CAC)
3.4. Move Town Clerk Report to next mee ng
3.5. Delete Town Clerk's Report of Findings Office of the State Comptroller's
Audit of Clerk's Office
3.6. Budget Transfer Resolu ons
4. Privilege of the Floor
4.1.Ronda Roaring, resident: read for the record an email she sent on 11/26 to Code
Enforcement Officer with the town board cc’d.
4.2.Theresa Klinger, Court Justice on behalf of the Town Court: Prepared a response
to the Board’s response that the town’s response is totally inadequate.
4.3.Ted Crane, resident: Objected to his being cut off in the public hearing.
Comment on the note that the report will not be presented to the Town Board
and should put it back on the agenda. Agreed with many things that Theresa
stated; questions whether personnel issues include the performance of an
elected official and whether it should be discussed out of the public eye. Noted
that the town board/clerk issue is not one-sided that there are issues on both
sides.
5.Correspondence
6.Announcements
7.Reports & Presentations
7.1. Town Clerk Tabled until next meeting
7.2. Code Enforcement Officer
MONTHLY ACTIVITY: November 2022
BUILDING PERMITS ISSUED Value Fee
New Residential Construction
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
Renovations/Other
353 Troy Rd – roof mounted solar expansion 20,000 0.00
12 Deputron Hollow Rd - deck 10,000 11.50
96 Gunderman Rd – 15.2 kW roof mounted solar 19,760 0.00
38 Michigan Hollow Rd – 12 x 20 prebuilt shed 8,000 24.00
MONTH TOTALS 57,760 35.50
YTD TOTALS 7,119,729 8,117.80
PREVIOUS YTD TOTALS 7,061,969 8,082.30
CERTIFICATES OF COMPLIANCE
118 Field Stone Cr – new roof
33Michigan Hollow Rd – wood stove install
117 Beardsley Ln – roof mounted solar
2146 Danby Rd – carport
32 Michigan Hollow Rd – deck
246 Updike Rd – replacement windows
2098 West Danby Rd – 2 new decks, new roof and large shed
52 Bald Hill Rd – new roof
42 Durfee Hill Rd – lean-too-roof off of existing garage
2889 West Danby Rd – 2 pre-built garages
725 Larue Rd – additional bathroom in an existing building
ADDITIONAL ACTIVITY
15 construction inspections
1 Fire Safety Inspection – Waldorf School
3 residents in the office to meet about projects
Drafted Local Law# ? of 2022
7.3. Town Planner
7.1.1.BZA granted two variances
7.1.1.1.garage setback
7.1.1.2.Sczepanski farm
7.1.2.Grants received, working on getting those going.
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
7.1.3.Seems like the Solar Farm will be moving forward soon.
8. Consent Agenda
8.1.Meeting Minutes
Not part of approving the minutes, but Connors wanted her statement to be entered into the
record for tonight’s meeting.
Resolution 227 of 2022 To Read Leslie’s Comments on Previous Meeting Minutes into the
current meeting record.
Moved By: Gagnon Seconded By: Connors
Janice……
I would like to have some things included in minutes before “approved” by the board.
There were a few things that looked like you didn’t “catch” (you noted that you didn’t
hear what David said at the end of a report)….and maybe in trying to catch-up and get
them all done, kept them brief. There were some things that I would like to have in
the record. If someone needs to go back and look something up….it is not usually
helpful to have to listen to a recording. Anyway…here are my thoughts:
Oct 3, 2022 Minutes
5.4.4 –David mentioned that the lawsuit related to SEQR (Solar farm) was dismissed.
7.5.1 – A priority was the fact that the property was located in the Rural 2 zone, a zone
the town wanted to see limited development in.
Oct. 25, 2022 Minutes
While I do not think it necessary to throw stones at anyone, I think your description of
the incident leading up to you leaving the meeting was not reflective of what actually
took place. While I don’t think it needs to be a blow-by-blow, he-said-she-said
statement, what you have in the minutes was not my experience of the event. Perhaps
someone has a way to better reflect the event that doesn’t throw anyone /any group
under the bus. “The clerk was extremely frustrated with the direction of discussion
about budget lines and items she had strong feelings about and an interest in…lost
her composure and eventually left the meeting.”
Oct 28, 2022 Minutes
There was no date on the minutes (at least I couldn’t find one), and no time listed for
“called to order.” Not sure if there is a way to figure out what that was….. [Clerk’s
note: the date had been corrected prior to this meeting and the Supervisor actually
never called this Oct 28 meeting to order, therefore there was no call to order time.]
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
There was no mention of budget discussion items…I know people can ask to listen to
the recording, but most are unlikely to do that. There were just a few things I would
like to have mentioned :
-lengthy discussion and differing opinions about potential salary increases (3% or 5%)
and insurance contribution (12% or 25%).
-Union negotiations have yet to get underway and will have an impact on the budget
relating to salaries and insurance contributions.
-with much help from Laura Shawley, found some budget lines that could be reduced
and some revenue that could be added.
-discussion about use of fund balance to balance the budget.
-no increase in salary for town board members and no additional salary for the
deputy super visor position.
-interest in finding funds to pay for town website and newsletter (would help reduce
work load of clerk).
-spend some time in the coming year to study/sur vey work duties of various town
positions.
-research IT security options.
Nov.1, 2022 Minutes
Laura…..via zoom!
3.2- court staff asked the board to go into executive session to listen to a letter they
wrote. The town board’s stance was that they make the decision to go into executive
session and would need to have reason to do so. It was suggested that court staff read
their letter during the meeting and a decision about executive session would follow.
3.3 Dick Hous – was very angry and frustrated with the town because he has not been
paid in a timely manner. He is not mowing until he gets paid what he is owed. He had
also wanted to add 1% to his bill to cover increase in gas prices, but was told by the
supervisor that the town needed to adhere to the contract in place. The town can
explore reasons why he has not received payment, and possibly make changes to the
contract. [Clerk’s note: Joel corrected Leslie’s correction that Dick Hoose’s name was
misspelled.]
4.1 Leslie wanted the board to be aware of the impression some residents have and to
do what we can do to be open/honest during appointments, including abstaining from
votes if biased.
8.5 The Town Board decided they wanted to hear from SCT have them come talk
(about contract and plans for future, how best to meet the needs of the town) with us
before inter viewing/exploring other options.
Leslie Connors
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Woodworth X
Gagnon X
Resolution 227 of 2022 passed on 6 December 2022
This brings back the issue of whether or not to approve the minutes. Board wanted to see the
actual list of minutes to be approved.
8.2.Warrants
8.2.1. General Fund No 23 Vouchers 353–363 for $7,750.76
8.2.2. Highway Fund No 23 Vouchers 205–213 for $21,211.26
Resolution 228 of 2022 To Approve the Warrant Abstracts 23 for General Fund and
Highway Fund
Moved By:Connors Seconded By:Hunter
Leslie asked about the Cintas vouchers with the invoice minimum. Jack has been
working with Cintas and another company getting price quotes.
Also asked about the culligan water invoices showing a negative balance.
The issue seems to be that they are issuing invoices along with statement summaries.
Will have to call the company and get to the bottom of it.
Pat noted the need to check with the company to make sure that we don’t indeed
have a negative balance and therefore don’t need to pay the next invoices.
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Woodworth X
Gagnon X
Resolution 228 of 2022 passed on 9 November 2022
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
9. Business
9.1.Resolution 229 of 2022 to Recognize and Appreciate Alyssa
Moved By: Gagnon Seconded By: Connors
WHEREAS the Town of Danby has been fortunate to have Alyssa de Villiers as a
dedicated staff person committed to serving the people of the Town of Danby,
and
WHEREAS her extraordinary minute-taking stands out for its value to the public
and as an exceptional record of activity for both the Planning Board and the
Board of Zoning Appeals, and
WHEREAS her help in facilitating the work of both the Planning Board and
Board of Zoning Appeals has resulted in improvements in both processes and
record-keeping, now be it
RESOLVED that the DanbyTown Board recognizes and thanks Alyssa for her
service and extends our sincere best wishes for her every happiness and
success in the future as she leaves Town employment at the end of 2022 and
pursues a Ph.D. at Cornell University.
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Woodworth X
Gagnon X
Resolution 229 Approved on 6 December 2022
9.2.Next steps for reviewing/selecting vendor(s) for IT Services
four proposals have been proffered: TCNS (2 quotes), ICS, and HPM.
Leslie would like to speak with SCT as our vendor for years. Then we would have
something to compare with the other quotes.
Leslie would like to call a meeting for SCT to
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
Both pat(?) and katharine have looked up these other companies.
Whether they can come to a town board meeting, or if we need to schedule a special
meeting. These are not decision meetings, but information meetings.
Pat would like 3 references from each company.
Katharine checked with the computer room;
Joel noted that this is a good thing for a committee to be doing. But if there are 3 board
members, then it becomes public.
Resolution 230
Motion to Create a committee that katharine is chairing of the three board members minus
joel to meet and develop a procedure that will be applied to all vendors for reviewing and
meeting with them.
Joel moved, Hunter seconded.
y
y
Y
Y
9.3.Resolution 231 Scheduling a Court Audit by Councilpersons Pat Woodworth and
Leslie Connors
Moved By: Gagnon Seconded By: Hunter
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Woodworth X
Gagnon X
Resolution 231 Approved on 6 December 2022
9.4.Update Status of Applications to Fill Expiring Term Positions
9.5.Resolution 232 To Approve Reallocation of expenditures between accounts
Moved By: Woodworth Seconded By: Connors
WHEREAS: there were two times during the year that expenditures were approved for
newspaper ads to be paid from account A1410.400 when they should have been paid from
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
account A1410.480 under Legal Ads.
RESOLVED: The Town Board approves that the total of $2,447.05 be moved from account
A1410.400 to account A1410.480.
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Woodworth X
Gagnon X
Resolution 232 Approved on 6 December 2022
9.6.Resolution 233 To Approve Budget Transfers Between Line Items
Moved By: Woodworth Seconded By: Connors
WHEREAS: It is necessary throughout the year to make budget modifications between
account for expenditures incurred during the year,
RESOLVED, the Town Board of the Town of Danby approves the following budget transfers
between accounts:
GENERAL FUND—A
From Line Description To Line Description Amount
9040.8 Workers Comp Ins 1410.48 Legal Ads 1,695
1110.4 Town Justice Contractual 1420.4 Attorney Fees 4,533
1910.4 Unallocated Insurance 1650.4 Central Communications 1,053
5132.4 Garage Contractual 1650.4 Central Communications 2,511
9010.8 NYS Retirement 8810.4 Cemetery Contractual
(Mowing)
1,130
Gagnon does not want to include the Danby Seniors to be allowed to overspend their budget.
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
Pat modified her movement to approve everything but the Danby Seniors which has been
removed from the above list.
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Woodworth X
Gagnon X
Resolution 233 Approved on 6 December 2022
9.7.No Parking Signs on Sandbank Road
RESOLUTION NO. 234 PERMISSION TO PUT NO PARKING SIGNS ON SANDBANK
ROAD
Moved By: Connors Seconded By: Hunter
WHEREAS: there are two parking lot entrances to the business, South Hill Cider y,
and between them there is a large hill that blocks visibility from each approaching
side. This creates a danger when there are cars parked along that part of the road.
WHEREAS: the Highway Superintendent has contacted the owner of the business to
point out the danger of the situation, and they agree that cars should not park along
that section of the road.
RESOLVED: the Town Board gives permission to the Highway Superintendent to post
no-parking signs according to NYS DOT specifications on that portion of Sandbank
Road.
Discussion: Driving up sandbank, there’s no way to park with the new paving, because
you can’t park outside the white lines. Gagnon suggests extending the portion of the
road that would be considered no parking.
Movers allowed modification to delete “that portion of” in the resolved section.
Vote:
Councilperson Aye Nay Absent
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
Connors X
Hunter X
Woodworth X
Gagnon X
Resolution Approved on 6 December 2022
9.8. Resolu on 235 to Adopt Code Administra on Local Law
Moved By: Gagnon Seconded By: Connors
Discussion:
Woodworth has ques ons as to whether or not we can make changes:
1. In sec on 4. Exemp on for swing sets and playground equipment was
removed for single family dwellings. Woodworth wonders why it was removed and
asked if it could be put back.
Cortright noted that we could put it back but would suggest running it by
Guy.
Pat would like to leave the exemp on in and check with Guy about legality
of it and postpone the vote un l next mee ng.
2. Another sec on that was removed dealt with pools less than 24in and
installed en rely above ground.
if this exemp on is not put back, if you buy one of the pre-molded swimming
pool that is 6’ across and 10” deep, you would need to get a building permit to put
that in your backyard.
3. Exemp on for fences that are not part of swimming pool enclosure. So
privacy fence would require a building permit.
cortright noted that there are no regula ons for any other fences aside from
swimming pool fences.
woodworth thinks the state made a mistake about removing this exemp on
because the state doesn’t have any regula ons in the code for privacy fences.
Vote:
4. Exemp on for retaining walls was taken out.
Cortright doesn’t know how to enforce this because the code for retaining
walls is only for those that impound fluids and hazardous
Woodworth noted that it’s important when we go to guy that for those specific
items, the state has no guidance for this and perhaps check with the state about
why those are even there?
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
5. Building permits needing extension having a 3-year limit?
Leslie had addi onal ques ons.
The Board was in agreement to postpone this decision.
9.9. Town Board Vacancy -- Call for Addi onal Applica ons?
9.9.1.We announced the process, delayed a month because of
miscommunica on. Received applica ons, interviewed them, and
needed more me to review.
9.9.2.Connors noted that we received two applica ons that were both good
choices,
9.9.3.Connors moved to appoint Weissburg to fill vacancy; Gagnon
seconded that.
Discussion: Gagnon had heard that Schnabel had reconsidered which raises the
ques on of whether or not we want to entertain re-insta ng Schnabel to her board
seat.
The alterna ve thus would be to re-open the applica ons. Gagnon then asked
Schnabel what changed:
Schnabel admi ed that social anxiety has been a factor; the business has
been going along slower; she is considering resigning from the County...
Gagnon: would you be interested in extending beyond 2023?
Schnabel has said she does not want to go beyond 2023.
Why would you want to just do the remainder of the year?
Schnabel...
Gagnon noted that the counter argument is that for example Weissburg
Gagnon noted that if we don’t appoint now, and we re-open, we would need to
allow others to submit apps. Apart from the possibility that there might be another
applicant, there’s no real reason to do that...
Connors noted that it would be an easy fix since everyone is aware of sarah and the
work she does. She feels like we did do the process and re-open, we are saying that
we are not interested in these two candidates, and she doesn’t feel that that is the
case. She was very impressed with Weissburg and his creden als and experience.
Woodworth stated that if we look at what is best for the town, this year what is
best for the town is to have someone who has experience with the board. And a
new person would be at a disadvantage because they wouldn’t have the training
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
that all new members get. Then they would have two months to decide if they want
to run for the next elec on cycle and could a end mee ngs, talk to the public, etc.
Connors is having a hard me ge ng beyond what she feels is a disingenuous
process. She’s not ready to say that the two people interviewed
Hunter stated that it is quite awkward and dosent’ have a good feeling about this
process right now. Doesn’t want to be pushed into a vote and a decision with the
now thoughts on this, sharing it as we are with the public. Feells uncomfortable
about vo ng tonight. This is supposed to be a board discussion and more people are
raising hands to speak.
Gagnon moved to give the mee ng another 30 minutes to finish the balance of the
agenda. Woodworth seconded.
All agreed.
Mo on is on the floor; we can withdraw and wait; withdraw and call for addi onal
applica ons; can vote on it.
Leslie stated that we had a process, we had a deadline, people met the deadline. If
sarah had put in an app, it would’ve felt a li le different. Also feeling it would be
nice to get someone in who might want to stay and run. I’m not going to say that
either of these applicants are not worthy of our considera on. They both would
have a lo o offer, was just impressed with steve’s work with school and regs and
what he had to stay about respce ng divergent popula ons.
Leslie wants to vote on the mo on.
Katharine agrees with Leslie.
Woodworth called the ques on.
Resolu on 235
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Woodworth X
Gagnon X
Resolu on 235 Approved on 6 December 2022
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Town Board Regular Business Meeting Tuesday 6 December 2022 at 6PM
9.10. Execu ve Session Discussion With Town Clerk of Performance
Mo on to extend the mee ng by 15 minutes.
All approved.
9.11. Resolu on 236 to Approve a 2023 Amended Municipal Coopera ve
Agreement for the Greater Tompkins County Municipal Health Insurance
. Consor um
Moved By: Connors Seconded By: Hunter
Correct spelling typos “in witness Tompkins county
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Woodworth X
Gagnon X
Resolution 236 Approved on 6 December 2022
10.Discussion of Next Meeting Agenda
Adoption of Code Law
SCT Meetings
Approve meeting minutes
Danby seniors budget clarification
11. Meeting adjourned at 20:59
Recorded by Janice Adelman
Town Clerk
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