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Home My WebLink About2023-05-17 Town Board MinutesRoll Call: The Town of Danby 1830 Danby Road Ithaca, NY 14850 danby.ny.gov Town Board Regular Meeting Wednesday 17 May 2023 at 6:OOPM Meeting Minutes Town Board Joel Gagnon, Supervisor Leslie Connors (arrived at 18:07) Town Planner Code Enforcement Officer Town Bookkeeper Recording Secretary Katharine Hunter Steve Weissburg Patricia Woodworth David West Steve Cortright (via videoconference) Laura Shawley (via videoconference) Janice Adelman, Town Clerk (via videoconference) Transcript and audio recording are available online. 1. Public Hearing: 256 Bruce Hill Rd Conservation Easement (aka Hoffman/Karlsen) 1.1. Opened at 18:ol All those who submitted written comments or spoke at the hearing: In favor Ronda Roaring Against 1.2. Hearing closed at 18:04 2. Call to Order at 18:04 by Supervisor Gagnon 3. Additions/Deletions to Agenda Other 3.1. Report from Planner West on Short-term Rental Survey Results - Report sent to Planning Board 3.2. Discussion of Possible Action on Derelict or Abandoned Buildings 3.2J. Local Law 4 of 2000: Repair/Remove Unsafe Structures 3.2.2. Local Law 2 of 2002: Removal of Unsafe Buildings 3.3• Use of Town Hall meeting Room for Communitas ALC Activity 3.4• Authorize Auction of Unneeded Highway Materials and Equipment 4. Privilege of the Floor 4.1. Theresa Klinger, Town Justice and Resident. Town of Danby, New York 17 May 2023 Town Board Meeting Minutes Presented a formal written request for additional funding for the Danby Seniors, from Judy C, President of Danby Seniors. 4.2. Garry Huddle, Town Justice and Resident. Noted that the appointing of highway superintendent and town clerk has been discussed and voted on twice before and voted down twice before. He also wanted to hear an update regarding the noise ordinance. 4.3• Ted Crane, resident. Item 1: Responded to previous criticism of him not having all of the facts when facts were presented at a meeting that the public was not notified of in a timely enough fashion. Item 2: suggested that the noise law needs to include a protocol that is published by the Town Board as to how to go about dealing with noise issues, e.g., where they go, what action can be taken. Item 3: amplified Garry's comments that the public perception is the proposal to move from elected to appointed is an attempt to exert control over the hiring and firing of what had been elected officials. 5. Correspondence — none. 6. Announcements 6.1. Hamlet Meetings to Inform Grant Applications Related to Housing Affordability - May 24, 7pm at West Danby Fire Hall and May 25, 7pm at Danby Fire Hall. 7. Reports & Presentations 7.1. County Legislature Representative Dan Klein 7.1.1. TC Recovery Fund granted money to Khubu International for the Uhuru Creek Farm on corner of Hornbrook and Nelson. The funding decision was made with the awareness that the project does not currently comply with Town zoning requirements. Three parts of funding: the first is for planning; the second two are septic and water that will not be released unless the project is approved by the Town. 7.1.2. Broadband Internet 9-month study has concluded. Next step is RFP to ISPs to build out a system that will supply fiber to every un-served addresses in the county —approximately 120o addresses, equivalent to 116 miles of fiber. Cost of about $7 million, with an estimated timeline of completion as 3-5 years. Will be presented at the 25 May TC Council of Governments meeting; the TC Legislature could vote on this as early as June 6. Page 2 of 9 Town of Danby, New York 17 May 2o23 Town Board Meeting Minutes 7.1.3. Total of eight foreclosures in the county; none of which are in Danby. 7.1.4. 31st annual plant exchange is Saturday 20 May from noon to 3pm at the Danby Fire Station pavilion on 96B. 7.2. 7.3• Report from Planner West on Short-term Rental Survey Results - Report sent to Planning Board 7.3.1. Over 16o respondents completed the survey. 7.3.2• The main take -away is that most respondents wanted either no regulation or very light regulation. For more details, refer to the above - linked reports. 7.3.3• Kim Nitchman, resident and current short-term rental purveyor, was given the opportunity to speak as she had missed the privilege of the floor section. 7.3.4• Ted Crane offered additional feedback regarding statistics. Resolution 129 of 2023 To Create a Committee with Leslie Connors, Steve Weissburg, David West, and any members from the Planning Board to explore options and bring back some suggestions Vote: Moved By: Gagnon Seconded By: Weissburg Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X 8. Meeting Minutes 8.1. 25 October 2022 Budget Workshop 8.2. 28 October 2022 Budget Workshop 8.3. 1 November 2022 Regular Meeting 8.4. 16 November 2022 Regular Meeting Resolution 129 of 2023 passed on 17 May 2023 Page 3 of 9 Town of Danby, New York 17 May 2o23 Town Board Meeting Minutes 8.5. 21 December 2022 Regular Meeting 8.6. 3-January zo23 Organizational Meeting 8.7. i8 January zo23 Regular Meeting + Public Hearing 8.8. 7 February zo23 Regular Meeting + Public Hearing 8.9. 22 February zo23 Regular Meeting 8.1-0. 7 March 2o23 Regular Meeting 8.11. 22 March zo23 Regular Meeting 8.12. 4 April zo23 Regular Meeting + Public Hearing 8.1.3. 19 April 2o23 Regular Meeting + Noise Information Session 8.14. z May zo23 Regular Meeting + Public Hearing The Board members decided to review and make comments on minutes from 7 March through 2 May by the end of May so that all of these can be rubber-stamped for approval at the first June meeting. 9. Warrant Abstract ii of 2023 9.1. Resolution 132 of 2023 To Approve General Fund Vouchers i55—i8o for $42,i16.o9 Moved By: Connors Seconded By: Weissburg Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 132 of 2023 passed on 17 May 2023 9.2. Resolution 131 of 2023 To Approve Highway Fund Vouchers 92-1io for $4,3-4-4,57, with an additonal Voucher iii for CSEA in the amount of $684.30 for a total amount for Abstract ii of $49,028.87 Moved By: Connors Seconded By: Gagnon Page 4 of 9 Town of Danby, New York 17 May 2023 Town Board Meeting Minutes Vote: Councilperson Aye Connors X Hunter X Weissburg X Woodworth X Gagnon X Nay Abstain Resolution 131 of 2023 passed on 17 May 2023 9.3• Resolution 130 of 2o23 To Approve Water Fund Vouchers 11-14 for $5,403,13 Moved By: Connors Seconded By: Woodworth Vote: Councilperson Aye Connors X Hunter X Weissburg X Woodworth X Gagnon X Nay Abstain Resolution 130 of 2023 passed on 17 May 2023 lo. Business io.1. Further Consideration of Whether to Propose Changing From Elected to Appointed Clerk and Highway Superintendent io.i.l. Board had requested further details regarding an appointed position being classified as a civil service position. Laura Shawley contacted the Tompkins County Human Resources who provided two options: io.1.1.1. full civil service: would make it competitive with a civil service test, appointing someone from the list having passed the test, with job security. so.i.1.2. a renewable term appointment: not subject to civil service rules. Page 5 Of Town of Danby, New York 17 May 2023 Town Board Meeting Minutes 10.1.2. Deadline for getting the referendum on the ballot is August; requires passing a local law, which requires a public hearing which brings the timeline to make a decision to June. 1o.1.3. Connors 10.1.4. Woodworth opposes proposing this now as well as opposing simply having the Board do the hiring process alone. Woodworth will not vote for changing this without having selection process protocols in place. 10.1.5. Hunter spoke to the characterizations that the Board is making bad decisions and taking the will of the people away from them. 1o.1.6. Gagnon stated that generally, people don't have a choice anyway when someone has entered into the Highway Supervisor or Town Clerk role and does a half -way decent job because no one runs against them. 10.1.7. Connors wanted to wait until Shawley hears back from the Commissioner before making any decisions on how to move forward with this. She also wants to contact Towns who have made the switch from elected to appointed. Resolution 133 of 2023 To Extend the Meeting to 20:30 Vote: Moved By: Woodworth Councilperson Aye Connors X Hunter X Weissburg X Woodworth X Gagnon X Seconded By: Connors Nay Abstain Resolution 133 of 2023 passed on 17 May 2023 10.2. Bruce Hill Road Conservation Easement Resolution 134 of 2023 To Accept the Bruce Hill Road Conservation Easement and Authorize Gagnon to Sign It Moved By: Gagnon Seconded By: Hunter Page 6 of 9 Town of Danby, New York 17 May 2023 Town Board Meeting Minutes Vote: Councilperson Aye Connors X Hunter X Weissburg X Woodworth X Gagnon X Nay Abstain Resolution 134 of 2023 passed on 17 May 2023 io.3. More on Goal Setting — tabled. 10.4. Next Steps Noise Law 10.4.1. Woodworth spoke with the District Attorney's Office for Tompkins County; that office has not had any recent cases of violating the state noise law. 10.4.2. Woodworth heard back from the State police who noted that they do not enforce local ordinances; PL 240.2 is not always applied; many noise issues are handled through zoning. 10.4.3. Weissburg is willing to be on a committee and create a short-list of people on both sides of the issue to discuss further. Hunter will also serve on the committee. Resolution 135 of 2023 To Create a Committee to Consist of People from Those in Attendance at the Information Session and to Suggest Changes to the Warren draft of the Noise Law Moved By: Gagnon Seconded By: Connors Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Page 7 of 9 Town of Danby, New York 17 May 2o23 Town Board Meeting Minutes Resolution 135 of 2023 passed on 17 May 2023 Resolution 136 of 2o23 To Extend the Board Meeting Until 21:oo Moved By: Gagnon Seconded By: Hunter Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 136 of 2023 passed on 17 May 2023 io.5. Discussion of Possible Action on Dereloet or Abandoned Buildings —tabled io.6. Use of Town Hall meeting Room for Communitas ALC Activity Resolution 137 of 2023 To Authorize Communitas ALC to Make Use of the Meetinng Room by Reservation Vote: Moved By: Gagnon Seconded By: Connors Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 137 of 2023 passed on 17 May 2023 10.7. Resolution 138 of 2o23 To Authorize the Highway Superintendent to Sell Miscellaneous Items Through Auctions International Moved By: Connors Seconded By: Weissburg Page 8 of 9 Town of Danby, New York 17 May 2023 Town Board Meeting Minutes RESOLVED, the Town Board approves the following items to be sold at auction: • Two (2) Stainless Steel Fuel Tanks • Ten (10) New/Old Stock Trusses • Three (3) 4" Perforated Coils • One (1) Spreader Chain • One (1) Master is,000 BTU Salamander • One (1) Hard Trifold Tonneau Cover • Two (2) Folding Tables • Four (4) Tires on Rims • One (1) John Deere 24" Digging Bucket • One (1) 92" L Stainless Steel Hydraulic Salt Spreader • Six (6) I -Beams Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 138 approved on 17 May 2023 10.8. Danby Seniors Request for Additional Funding 10.8.1. Decision to be made after considering the exact amount requested and where money will come from in the current budget. 11. Discussion of Next Meeting Agenda 12. Adjourned at 20:58 Recorded by Janice R. Adelman Town Clerk Page 9 of 9