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HomeMy WebLinkAbout2021-08-18 Town Board Minutesrye.--: Mary Ann Barr 2021 Roll Call: The Town of Danby, New York 1830 Danby Road, Ithaca, NY 14850 https://danby.ny.gov Town Board Regular Meeting + Public Hearing Wednesday 18 August 2021 +1-607-277-4788 1 townboardAa danby.ny.gov Meeting Minutes Town Board Joel Gagnon, Supervisor Leslie Connors Jim Holahan (absent) Sarah Schnabel (via Zoom) Matt Ulinski County Legislator Dan Klein (via Zoom) Town Planner David West (via Zoom) Town Code Enforcement Officer Steve Cortright Town Bookkeeper Laura Shawley Recording Secretary Janice Adelman, Town Clerk Absent: Jim Holahan, Councilperson; Sarah Schnabel, Councilperson Guest Presenters: Marnie Kirchgessner, Danby Rep to Tompkins County Youth Advisory Board, and the Tompkins County Recreation Partnership 1. Call to Order at 19:07 2. 3. Additions/Deletions to Agenda 2.1. Resolution asking the Governor to Suspend Open Meeting Law re. In -Person Meetings 2.2. Discussion of Broadband Access Improvement Options 2.3. Randall Estate Subdivision Moratorium Waiver Request - Schedule Public Hearing Sept. 2 2.4. Warkplaee Violenee Prevention Resolutions (A) Resoluithign F-mah'ing the Town of — table resolutions until next meeting 2.5. Emergency Culvert Replacement Authorization — Miller Road 2.6. Budget Update and Potential Adjustment Privilege of the Floor 3.1. Town Justice Garry Huddle noted that NY State mandated masks again in the court, while Tompkins County is encouraging employees to be vaccinated or be tested weekly. Huddle asked if this is something that the town will be Town of Danby Board Meeting Wednesday 78 August 2027 at 7:OOPM implementing. 3.2. Resident Kim Nitchman reiterated what she and husband Russ that they are very much in support of the tax abatement on conservation easements bill currently poing through state legislation. Nitchman strongly encouraged the town board to support this once it does go through. 3.3. Residents Mark Solomon and Mr. Mullen stated that they were both present in support of the Randall subdivision waiver request. 3.4. Resident Ted Crane congratulated the Town for getting to the next step of the clean heating and cooling campaign (Schnabel noted that we are actually 4 short of reaching this step). Crane also lent his support to Kim Nitchman's comments regarding the tax abatement on conservation easements. 4. Emergency Culvert Replacement Authorization — Miller Road Note: Anything that's over $35k is required to go out for a bid except in an emergency. Resolution 129 of 2021 To ASSIGN THE PROJECT OF AN EMERGENCY REPLACEMENT OF A COLLAPSING CULVERT ON EAST MILLER ROAD Moved By: Connors Seconded By: Ulinski WHEREAS: The Town of Danby is faced with an emergency situation of a culvert collapsing on East Miller Road. WHEREAS: The Highway Superintendent has determined that this culvert presents a danger to the public because of the possibilities of the road collapsing. There is a danger to the surrounding residents of flooding because of the collapsing culvert forming a dam, and not allowing for the water to pass through. WHEREAS: According to General Municipal Law - GMU 103 [41 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 selects J.B. Excavation to repair the collapsing culvert on East Miller Road. The quoted price for this project is $59,500. This amount will be Page 2 of 9 Town of Danby Board Meeting Wednesday 78 August 2027 at 7:OOPM paid from the CHIPS funds that are awarded to the Town of Danby by New York State. Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 129 approved on 18 Aug 2021 5. Correspondence - none 6. Presentations - none 7. Reports 7.1. Randall Estate Subdivision Moratorium Waiver Request Resolution 130 of 2021 To Schedule Public Hearing for Randall Estate Moratorium Waiver Request on 13 September 2021 at 7:00pm Moved By: Ulinski Seconded By: Connors Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 130 approved on 18 Aug 2021 7.2. Workplace Violence Team Report 7.2.1. Not only is this a requirement of NYS law that we have a workplace violence plan, but an incident in 2019 highlighted the fact that the Town had no protocol in place. 7.2.2. Consultant Gina Lord was hired and completed multiple assessments resulting in the reported suggestions and recommendations for moving Page 3 of 9 Town of Danby Board Meeting Wednesday 78 August 2027 at 7:OOPM forward and putting protocols in place. 7.2.3. The plan addresses a procedure to follow, including officially banning weapons in Danby Town Hall; internal communication operating procedures when dealing with an emergency; lock -down operating procedures; and employee safety reporting procedures. 7.2.4. Justice Garry Huddle noted that when the panic buttons were first installed, he tested the panic button and found that the Town Supervisor was the only one alerted to the panic button —not any security operation. [Ulinski noted that testing will be implemented on a regular basis.] —Huddle also commented on the security cameras, noting that prior to tonight's meeting, the cameras captured a sole individual walking through the empty parking lot in the rain. He subsequently called the Town Clerk to let her know and see if there were any problems. 7.2.5. Additional report recommendations include more training put in place with a Threat Assessment Team formed to ensure all of the protocols are implemented and reviewed on a yearly basis. 7.2.6. It is important to point out that this Workplace Violence Report is about workplace violence and is not a sexual harassment policy. This does not mean that sexual harassment would not count as workplace violence but that sexual harassment needs a separate policy. 7.2.7. The next steps are to bring the resolutions to the next meeting when more board members are present. 8. Budget Update and Potential Adjustment 8.1. Items were charged to Town Clerk's contractual that should have been charged elsewhere, resulting in $813.50 to come out of that line. RESOLUTION NO. 131 TO APPROVE AN ADJUSTMENT OF EXPENSES BETWEEN LINE ITEMS Moved By: Connors Seconded By: Ulinski RESOLVED: The Town Board approves the adjustment of expenses between line items as follows: Fund Transfer from Transfer to Amount Gen A8020.4 Town Clerk Contract. $813.50 Gen A8020.4 Planning Contractual 129.52 Gen A1345.4 Purchasing Contractual 163.46 Gen A8010.4 Zoning Contractual 131.51 Gen A7410.4 Library Contractual 332.03 Gen A1620.42 Website Email Maint 56.98 Page 4 of 9 Town of Danby Board Meeting Vote: Councilperson Aye No Connors X Holahan Schnabel Ulinski X Gagnon X Resolution 131 approved on 18 Aug 2021 9. Consent Agenda Wednesday 78 August 2027 at 7:OOPM Absent 111 0 9.1. Warrants 9.1.1. General Fund No 15 Vouchers 274-291 for $33,518.88 9.1.2. Highway Fund No 15 Vouchers 191-201 for $24,693.35 9.1.3. Water District Fund No 15 Vouchers 25-27 for $105.78 Resolution 132 of 2021 To Approve Consent Agenda Moved By: Gagnon Seconded By: Connors Vote: Councilperson Aye Connors X Holahan Schnabel Ulinski X Gagnon X Resolution 132 approved on 18 Aug 2021 10. Old Business No Absent X X 10.1. Phone Systern Di5etission amel Possible Vendor Seleetion Tabled until next meeting 10.2. Email Archiving Options (N-Able vs Jatheon) 10.2.1. Discussion involved email policies around access to email Page 5 of 9 Town of Danby Board Meeting Wednesday 78 August 2027 at 7:OOPM content and the need to protect against ransomware. RESOLUTION 133 of 2021 To Spend Up To $1600 From the Website Budget Line to Purchase N-Able Email Archiving and Security Services With the Caveat to Further Research the Need for Additional Security. Moved By: Ulinski Seconded By: Gagnon Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 132 approved on 18 Aug 2021 10.3. Further Consideration of Fire District Flag Pole Funding Request 10.3.1. Councilperson Ulinksi suggested a cost -sharing approach and asked if they had a resolution. 10.3.2. Ulinski will reach out to District Commissioner Joe Freedman to discuss. 11.New Business 11.1. Table until next meeting 11.2. Declaration of Lead Agency — Norbut Solar Farm Planned Development Zone (DRAFT PDZ Language) Resolution 134 of 2021 To Declare the Town of Danby as the Lead Agency in the Norbut Solar Farm Planned Development Zone Moved By: Gagnon Seconded By: Connors Page 6 of 9 Town of Danby Board Meeting Vote: Wednesday 78 August 2027 at 7:00PM Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 134 approved on 18 Aug 2021 11.3. Resolution 135 of 2021 Urging Limited Suspension by Executive Order of the New York Open Meetings Law Moved By: Gagnon Seconded By: Connors Whereas, on March 12, 2020, in an effort to contain the spread of the novel coronavirus, otherwise known as COVID-19, New York Governor Andrew M. Cuomo issued Executive Order 202.1 which, in part, suspended portions of Article 7 of the New York Public Officers Law and did so "to the extent necessary to permit any public body to meet and take such actions authorized by the law without permitting in public in -person access to meetings and authorizing such meetings to be held remotely by conference call or similar service, provided that the public has the ability to view or listen to such proceeding and that such meetings are recorded and later transcribed;" Governor Cuomo successively extending such suspension by Executive Orders on a monthly basis through June 25, 2021; and Whereas, on June 24, 2021, by Executive Order 210, Governor Cuomo rescinded Executive Orders 202 through 202.111, including Executive Order 202.1, effective June 25, 2021, the Governor concluding at that time that "the State of New York [has] successfully flattened the curve of COVID-19 cases in New York," and that, therefore, the Executive Orders were "no longer necessary;" and Whereas, since the issuance of Executive Order 210, the increased prevalence of the Delta Variant of COVID-19 has caused a resurgence of coronavirus cases throughout the United States, New York State and Tompkins County, said resurgence prompting local governments to reinstate public health advisories that call for the indoor masking of individuals, whether vaccinated or not, and recommend limitations on the size of indoor gatherings, including municipal meetings; and Whereas, the Governor's rescission of Executive Order 202.1 now requires that the Danby Town Board, as well as all municipal governing boards throughout New York State, convene in -person meetings at a Page 7 of 9 Town of Danby Board Meeting Wednesday 78 August 2027 at 7:00PM central location and allow full public attendance and participation therein; and Whereas, the Town of Danby, like many municipalities throughout New York State, finds itself with limited meeting facilities that may not provide adequate social distancing for either Board members or meeting attendees, and further, that the Danby Town Board senses among both its own members and the Town's other residents a serious and growing concern regarding the public's health and safety amid the coronavirus' resurgence; and Whereas, no legislative remedy to this problem through amendment of Article 7 of the New York Public Officers Law is likely to occur before January 2022; therefore be it Resolved, that the Danby Town Board respectfully requests that the Governor of the State of New York immediately re -impose through Executive Order those portions of previous Executive Order 202.1 that suspended portions of Article 7 of the New York Public Officers Law —commonly referred to as the "Open Meetings Law" —so as to permit municipal governing boards and other, similar municipal bodies to conduct public meetings remotely in a manner similar to, and with like restrictions, as Executive Order 202.1 permitted, and that such suspension continue until such time as the Delta Variant and any similarly -lethal variants of COVID-19 have successfully been controlled; and be it further Resolved, that a copy of this Resolution shall be transmitted to The Hon. Kathy C. Hochul, Lieutenant Governor and New York Governor -Designate; the Hon. Peter Oberacker, New York State Senator; Dr. Anna R. Kelles, New York State Assemblymember; the Hon. Leslyn McBean-Clairborne, Chair, Tompkins County Legislature; and the Secretary of the Tompkins County Council of Governments. Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 135 approved on 18 Aug 2021 11.4. Discussion of Broadband Access Improvement Options 11.4.1. The main issue is the need for people, in this day and age, to have access to the internet. It's not a question of building a new system, rather, hooking people up to a system. Page 8 of 9 Town of Danby Board Meeting Wednesday 78 August 2027 at 7:OOPM 11.4.2. Councilperson Ulinksi will talk to Lee Haefle; he would like to see someone do the necessary survey. 12.Discussion of Next Meeting Agenda 13.Adjourn at 21:07 Submitted by Janice R. Adelman Town Clerk Page 9 of 9