HomeMy WebLinkAbout2023-06-21 Town Board MinutesREC
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Meeting Minutes
Roll Call:
Town Board Joel Gagnon, Super visor
Leslie Connors (absent)
Katharine Hunter
Steve Weissburg
Patricia Woodworth
Town Planner David West
Code Enforcement Off icer Steve Cortright (videoconference)
Town Bookkeeper Laura Shawley (videoconference)
Recording Secretary Janice Adelman, Town Clerk (videoconference)
Transcript and audio recording are available online.
1.Called to Order at 18:03 by Supervisor Gagnon
2.Additions/Deletions to Agenda
2.1. Planner Resignation and Process for Seeking a Replacement
3.Privilege of the Floor
3.1.Lanie Wilmarth, resident
Spoke to safety concerns regarding Comfort Road
3.2.Ted Crane, resident
Agreed with Wilmarth’s comments.
Re correspondence, you can’t make decision based on who is doing this;
decision should be made by intended zoning in that
Spoke to Dan Klein’s report about the County’s internet plans; suggests looking
for local companies who will keep costs low
Read with interest the guidance forTown Clerk search committee in which 4 of
the 6 proposed committee members would be under the thumb of the Town
Board. This is the issue with modifying the Town Clerk position to board-
appointment rather than resident-elected.
Conser vation Easements
3.3.Kevin Feeney, resident
Spoke to noise ordinance issue, having met with people working on a real
Mary Ann Barr 2021
T he Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
Town Board Regular Meeting
Wednesday 21 June 2023 at 6:00PM
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Town of Danby, New York 21 June 2023 Town Board Meeting Minutes
problem and felt that the board and committee has become too focused
without considering unintended consequences.
Spoke to Town Clerk issue and is opposed to abolishing the elected position.
4.Correspondence
4.1.Emails received in Support of Khuba International’s Quarter Acre for the People
Hornbrook Project
4.1.1.Christine Lemonda
4.1.2.Johanna Brown
4.1.3.Joshua Stone
4.1.4.Graeme Johnson
5.Announcements
6.Reports & Presentations
6.1.County Legislature Representative Dan Klein
6.2.Highway Superintendent Keith Shipman
6.2.1.Personell considerations: two employees out on disability and two
other employees getting close to retirement; need to begin considering
hiring additional employees to bring on board before the winter season
7.Meeting Minutes March-May Plus 25 Oct-16 Nov (Except Nov 9)
7.1.7 March 2023 Regular Meeting
7.2.22 March 2023 Regular Meeting
7.3.4 April 2023 Regular Meeting + Public Hearing
7.4.19 April 2023 Regular Meeting + Noise Information Session
7.5.2 May 2023 Regular Meeting + Public Hearing
7.6.17 May 2023 Regular Meeting + Public Hearing
Hunter recommended postponing action
8.Warrants Abstract 13 of 2023
8.1.General Fund Vouchers
8.2.Resolution 146 of 2023 To Approve the Highway Fund Vouchers 119–133 for
$40,676.05
Moved By: Woodworth Seconded By: Weissburg
Vote:
Councilperson Aye Nay Absent
Connors X
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Town of Danby, New York 21 June 2023 Town Board Meeting Minutes
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 146 of 2023 passed on 21 June 2023
8.3.Resolution 147 of 2023 To Approve the Water Fund Vouchers 16–19 for $705.19
Moved By: Gagnon Seconded By: Weissburg
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 147 of 2023 passed on 21 June 2023
9.Business
9.1.Noise Working Group Report and Next Action Steps
9.1.1.Weissburg reported that the meeting was very productive and agreed
with many of Kevin Feeney’s comments made during privilege of the
floor that the proposal may be painting too broad of a brush.
9.1.2.Woodworth reported her meeting with Tompkins County Sheriff
Osborne
9.2.Local Law to Implement State-Authorized Property Tax Abatement for
Conser vation Easement Properties -- Discussion/Next Action Steps
9.2.1.Resolution 148 of 2023 To Scehdule a Public Hearing on the Proposed
Local Law for July 19 at 6pm.
Moved By: Gagnon Seconded By: Weissburg
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
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Town of Danby, New York 21 June 2023 Town Board Meeting Minutes
Weissburg X
Woodworth X
Gagnon X
Resolution 148 of 2023 passed on 21 June 2023
9.3.Wish List Next Steps (N. Side Town Hall Entry & Handicapped Access; N. Side
Town Hall Access Plan Visualization 2023)
9.4.Consider Process for Appointing a Town Clerk - Pat Woodworth
Resolution 149 of 2023 To Re-Scehdule the Public Hearing on the Proposed Local Law
from July 5 to July 19 at 6pm.
Moved By: Gagnon Seconded By: Weissburg
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 149 of 2023 passed on 21 June 2023
Resolution 150 of 2023 To Extend the Meeting by Thirty Minutes.
Moved By: Gagnon Seconded By: Weissburg
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 150 of 2023 passed on 21 June 2023
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Town of Danby, New York 21 June 2023 Town Board Meeting Minutes
9.5.Authorize Signing of 2023 Agreement with Danby Community Park Association
Resolution 151 of 2023
Moved By: Gagnon Seconded By:
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 151 of 2023 passed on 21 June 2023
9.6.Resolution 152 of 2023 Resolution and Final Order of Formation for Drainage
District # 1 (South Pointe Subdvision)
Moved By: Gagnon Seconded By: Hunter
WHEREAS, New York State law and the town’s subdivision and stormwater local laws
require the town to plan for the future maintenance of drainage, sediment control,
and stormwater facilities, and the Town Board of the Town of Danby received a
request for the approval of permanent infrastructure for stormwater facilities located
in the South Pointe Subdivision, and the approved final development plan,
subdivision plat, and project SWPPP envisioned that the common facilities and
stormwater operation, maintenance, reporting, and repair obligations would be
managed by a drainage district operated by the Town as an Article 12-A improvement
district; and
WHEREAS, a Town Law §§ 209-c and 209-d Map, Plan and Report (“MPR”) was duly
authorized and prepared relative to proposed Drainage District #1 and, it being
previously declared as being in the public interest, and the Town Board duly issued a
Public Interest Order under Town Law §209-d and determined that (i) the final Map,
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Town of Danby, New York 21 June 2023 Town Board Meeting Minutes
Plan and Report complies with the requirements of Town Law, and (ii) it is in the
public interest and to the benefit of all parcels in the proposed district to establish
the Town of Danby Drainage District #1, and (iii) all benefited parcels are included in,
and no benefited parcels were excluded from, such district; and
WHEREAS, a public hearing was duly held upon May 2, 2023 at the Danby Town Hall,
1830 Danby Road, Ithaca, NY 14850, to consider district formation and the approval of
the public interest order, and all persons thereat were duly heard, and the Town
Board thereafter adopted a conditional order approving formation of the said
Drainage District #1 entitled “Approving Public Interest Order and Conditionally
Approving Formation of Drainage District #1 for South Pointe Subdivision,” duly
making the same subject to permissive referendum as required by law; and
WHEREAS, the Notice of Permissive Referendum was properly and timely published,
and more than 30 days has passed since adoption of such prior resolution
conditionally approving formation of Drainage District #1, no request for a
referendum and no petitions in relation thereto have been received by or filed with
the town, and the Town Clerk has submitted a “No Referendum” Certificate verifying
the same; and
WHEREAS, upon and after due deliberation upon the foregoing, and upon a
redetermination that district formation remains in the public interest, and pursuant
to Town Law § 209-f(2) and other requirements and laws of New York State, be it now
RESOLVED, that the following findings be made, and a Final Order approving the
formation of Drainage District #1 be and hereby is approved and issued, as follows:
1.No additional SEQRA review is necessary or required due to the passage of
time, as (i) no significant changes in the property or project have occurred, and (ii) the
Town finds that conducting SEQRA review as soon as is possible in relation to any
project is consistent with the goals and requirements of SEQRA.
2.The boundaries of Drainage District #1 are inclusive of the tax parcel numbers
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Town of Danby, New York 21 June 2023 Town Board Meeting Minutes
comprising the South Pointe subdivision and all lots therein, as shown on the sealed
plat and sur vey map as filed in the Town and County Clerk’s Offices, as further shown
and described in the Map, Plan and Report as is on file at the Town Clerk’s Office, and
as further described by real property metes and bounds descriptions as are on file at
the Tompkins County Clerk’s Office for such lands (all of which maps and descriptions
be and are expressly herein incorporated).
3.Drainage District #1 be approved and constructed as set forth in the order
calling a public hearing, and the Town shall assess, levy, and collect special
assessments upon the several lots and parcels of land within the said district, which
the Town Board has determined and hereby again determines are especially
benefited thereby, so much and from each as shall be in just proportion to the benefit
thereof, each and all to pay the operation and maintenance costs of such district and
any existing or future indebtedness lawfully incurred for such district.
4.The Town Clerk shall file: (i) a certificate with the County Clerk certifying that
no referendum was requested; (ii) a certified copy of this Resolution with the
Tompkins County Clerk; and (iii) a certified copy of this resolution with the New York
State Department of Audit and Control (at the NYS Comptroller’s Office, 110 State
Street, Albany, NY 12236), each within 10 days of the adoption of this Final Order.
5.Drainage District #1 and the Town of Danby are hereby each severally and
jointly empowered to approve and accept contracts, agreements, dedications, and
assignments of lands, easements, and rights-of-way relating to the district and the
stormwater facilities thereof, as now exist or hereafter needed or constructed,
including from the developer and the owners of benefitted parcels within such
district, and the Town Supervisor be and is hereby authorized on behalf of the Town
of Danby and Drainage District #1 to negotiate and execute such documents as are or
may be necessary or desirable for stormwater management and the needs of said
Drainage District #1, including but not limited to agreements for improvements,
repairs, maintenance, and reporting upon the District and its facilities, and attaining
such easements and rights as are or may hereafter be determined as necessary or
desirable for the maintenance of the District, the management of the stormwater of
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Town of Danby, New York 21 June 2023 Town Board Meeting Minutes
the District, or the future maintenance and improvement of such District and the
infrastructure thereof and improvements therein.
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 152 of 2023 passed on 21 June 2023
9.7.Danby Food Pantry Agreement - Authorize Signing
Resolution 153 of 2023 Donate $5k to Food Pantry of Southern Tier
Moved By: Hunter Seconded By: Gagnon
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 153 of 2023 passed on 21 June 2023
9.8.Planner Resignation
RESOLUTION 154 to advertise Planner position starting tomorrow, with an application
deadline of July 10 and a salary range of $60,000-72,000.
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Town of Danby, New York 21 June 2023 Town Board Meeting Minutes
Moved By: Woodworth Seconded By: Weissburg
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 154 of 2023 passed on 21 June 2023
Resolution 155 of 2023 to Schedule Meeting for Monday June 26 at 11:00am to approve
General Fund Abstract 13 and meeting minutes.
Moved By: Weissburg Seconded By: Gagnon
Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 155 of 2023 passed on 21 June 2023
10.Adjourned at 20:35
Recorded by Janice R. Adelman
Town Clerk
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