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Home My WebLink About2023-06-21 Town Board MinutesRoll Call: The Town of Danby 1830 Danby Road Ithaca, NY 14850 danby.ny.gov Town Board Regular Meeting Wednesday 21 June 2023 at 6:OOPM Meeting Minutes Town Board Joel Gagnon, Supervisor s''e Connors (absent) Katharine Hunter Town Planner Code Enforcement Officer Town Bookkeeper Recording Secretary Steve Weissburg Patricia Woodworth David WestR441 Steve Cortright (videoconference) Laura Shawley (videoconference) Janice Adelman, Town Clerk (videoconference) Transcript and audio recording are available online. r 1. Called to Order at 18:03 by Supervisor Gagnon 2. Additions/Deletions to Agenda%V* 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. Conservation Easements 3.3• Kevin Feeney, resident Spoke to noise ordinance issue, having met with people working on a real 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 S. 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 -id Nov (Except Nov 9) 7.1. 7 March 2023 Regular Meeting 7.2. 22 March Zo23 Regular Meeting 7.3• 4April 2o23 Regular Meeting + Public Hearing 7.4• 19 April 2o23 Regular Meeting + Noise Information Session 7.5• 2 May Zo23 Regular Meeting + Public Hearing 7.6. 17 May Zo23 Regular Meeting + Public Hearing Hunter recommended postponing action 8. Warrants Abstract 13 of 2023 8.1. General Fund Vottehers 8.2. Resolution 146 of 2o23 To Approve the Highway Fund Vouchers ii9=133 for $_4o,676.os Moved By: Woodworth Seconded By: Weissburg Vote: Councilperson Aye Nay Absent Connors X Page 2 of 9 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 $Ids. Moved By: Gagnon Seconded By: Weissburg Vote: Councilperson Aye Nay Absent Connors ` Hunter X Weissburg X Woodworth X Gagnon X,90< 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 `4* , Osborne �G C.&riservation 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: Vote: Gagnon Seconded By: Weissburg Councilperson Aye Nay Absent Connors Hunter X Page 3 of 9 Town of Danby, New York 21 June 2o23 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 2o23) 9.4• Consider Process for Appointing a Town Clerk- Pat Woodworth Resolution 149 of 2o23 To Re-Scehdule the Public Hearing on the Proposed Loca aw from July S to July 19 at 6pm. �` J Moved By: Gagnon Seconded By: Weissburg Vote: No Councilperson Aye Nay Absent Connors X Hunter X Weissburg Woodworth 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 Vote: Seconded By: Weissburg Councilperson Aye Nay Absent Connors Hunter X Weissburg X Woodworth X Gagnon X X Resolution 150 of 2023 passed on 21 June 2023 Page 4 of 9 Town of Danby, New York 21 June 2023 Town Board Meeting Minutes 9.5• Authorize Signing of 2o23 Agreement with Danby Community Park Association Resolution 151 of 2023 Vote: Moved By: Gagnon Seconded By: Ze Weissburg X Woodworth X Gagnon X IQ Councilperson Aye Nay Absent Connors Hunter X 9.6. Resolution 152 of 2023 X Resolution 151 of 2023 passed on 21 June 2023 Moved By: Gagnon�p 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, Page 5 of 9 Town of Danby, New York 21 June 2o23 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, 2o23 at the Danby Town Hall, i83o Danby Road, Ithaca, NY 14850, to consider district formation and the approval of9 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 #i 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 3o 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 Page 6 of 9 Town of Danby, New York 21 June 2o23 Town Board Meeting Minutes comprising the South Pointe subdivision and all lots therein, as shown on the sealed plat and survey 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). 1 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, iio State Street, Albany, NY 12236), each within io days of the adoption of this Final Order. S. Drainage District #i 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 Page 7 of 9 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 ze Woodworth X -OOXO Gagnon X Resolution 152 of 2023 passed on 21 June 2023 9.7• Danby Food Pantry Agreement - ALAhoriz i Resolution 1S3 of 2o23 Donate $Sk to Food Pantry of Southern Tier Moved By: Hunter Seconded By: Gagnon Vote: Councilperson Aye Nay Absent Connors X �V i Hunter X Weissburg X Woodworth X Gagnon X Resolution 153 of 2023 passed on 21 June 2023 9.8. Planner Resignation RESOLUTION 1S4 to advertise Planner position starting tomorrow, with an application deadline of July io and a salary range of $60,000-72,000. Page 8 of 9 Town of Danby, New York 21 June 2o23 Town Board Meeting Minutes Vote: Moved By: Woodworth Seconded By: Weissburg Councilperson Aye Nay Absent Connors X Hunter X ID Weissburg X Woodworth X z1% Gagnon X '04rilk'o Resolution 154 of 2023 passed on 21 June 2023 w� Resolution 255 of 2023 to Schedule Meeting for Monday June 26 at 11:ooam 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 ,J# Resolution 155 of 2023 passed on 21 June 2023 f1o. Adjourned at 20:35 Recorded by Janice R. Adelman qz,v, Town Clerk Page 9 of 9