HomeMy WebLinkAbout2023-05-02 Town Board Minutes
Meeting Minutes
Roll Call:
Town Board Joel Gagnon, Super visor
Leslie Connors
Katharine Hunter
Steve Weissburg
Patricia Woodworth
Town Planner David West
Code Enforcement Off icer Steve Cortright (via videoconference)
Town Bookkeeper Laura Shawley (via videoconference)
Recording Secretary Janice Adelman, Town Clerk (via videoconference)
Transcript and audio recording are available online.
1.Public Hearing: South Point Development Drainage District
1.1.Opened at 18:03
Planner David West gave a description of the history related to the District
All those who submitted written comments or spoke at the hearing:
In favor Against Comments
Andrew Cove
Deborah Montgomery
Robert Goggs
John Vakiner
Hearing closed at 18:46
2.Call to Order at 18:46 by Supervisor Gagnon
3.Additions/Deletions to Agenda
3.1.Update on Applicability of Disorderly Conduct Law for Noise
3.2.Authorize Signing Contract with Choice Words Ithaca for Grant Writing Ser vices
Related to Housing Affordability
3.3.Quote for Upgrading WorkStations and Access Points
3.4.Delete the Review of Minutes
4.Privilege of the Floor
4.1.Ted Crane
5.Correspondence-None
6.Announcements
6.1.Bird outing on Saturday
Mary Ann Barr 2021
T he Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
Town Board Regular Meeting
Tuesday 2 May 2023 at 6:00PM
Town of Danby, New York 2 May 2023 Town Board Minutes
7.Reports & Presentations
7.1.Town Clerk
7.2.Code Enforcement Officer
7.2.1.Steve Weissburg asked some questions of Steve Cortright.
7.3.Town Planner
7.3.1.Last Planning Board meeting heard an application from Jeremy Knout
to subdivide 229 East Miller. The 529 letter from the County was not yet
ready, so the project will come back to the PB
7.3.2.BZA reviewed 1914 Danby Road for Andrew Larkin regarding the corner
lot, 8 acre parcel, to pursue a variance to allow a larger setback than
generally encouraged in the Hamlet zone.
7.3.3.Expecting to receive grant applications
7.3.4.Safe Streets for All program is moving forward
7.3.5.RFQ for Grant Writing Consultants
7.3.6.Few days left for accepting STR surveys; Cindy Katz is working on typing
the paper surveys into the electronic survey format.
8.Meeting Minutes
8.1.25 October 2022
8.2.28 October 2022
8.3.1 November 2022
8.4.9 November 2022 approved at Jan 3 meeting
8.5.16 November 2022
8.6.18 November 2022 approved at Jan 3 meeting
8.7.6 December 2022
8.8.21 December 2022
8.9.3 Januar y 2023
8.10.18 Januar y 2023
8.11.7 February 2023
8.12.23 February 2023
8.13.7 March 2023
8.14.22 March 2023
8.15.4 April 2023
8.16.19 April 2023
8.17.24 April 2023
9.Warrant Abstract 10
9.1.Resolution 122 of 2023 to Approve General Fund Vouchers 144–154 for
$11,475.15 with the deletion of the f irst NYSEG bill
Moved By: Connors Seconded By: Woodworth
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Town of Danby, New York 2 May 2023 Town Board Minutes
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 122 of 2023 passed on 2 May 2023
9.2.Resolution 121 of 2023 to Approve Highway Fund Vouchers 84–91 for $57,943.11
Moved By: Connors Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 121 of 2023 passed on 2 May 2023
10.Business
10.1.Consider a Local Law to Convert from Elected to Appointed Town Clerk
10.1.1.Discussion around when is the right time to bring this question to the
public, particularly given the “noise debacle”.
10.1.2.Weissburg is interested in hearing public opinion on this issue.
10.1.3.Discussion included abolishing both the Town Clerk and the Highway
Superintendent as elected offices.
10.1.4.Connors asked whether the positions would then become civil service
required positions. Laura Shawley will look into this.
10.1.5.Discussion to be continued at the next meeting. Gagnon pointed out that
if this change is to be made for 2024, the Board would have to act soon so
that the mandatory referendum could appear on the ballot in November.
10.2.Transfer of Development Rights - A Priority Addition to the Zoning Law?
10.2.1.Connors suggested waiting on this given all of the other issues the Board
is reviewing right now. The Board opined to table it based on feedback
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Town of Danby, New York 2 May 2023 Town Board Minutes
from Planner West.
10.3.Drainage District next steps - Draft Resolution
10.3.1.Resolution 123 of 2023 Approving Public Interest Order and
Conditionally Approving Formation of Drainage District #1 for South
Pointe Subdivision
Moved By: Hunter Seconded By: Connors
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, NYS Law and the Town’s Stormwater Local Law require the Town to plan for the
future maintenance of drainage, sediment control, and stormwater facilities, and the
developer of the subject subdivision had provided escrowed funds to manage stormwater
facilities until dedication of the same to the town or its drainage district; and
WHEREAS, the subdivision has common facilities and stormwater operation, maintenance,
reporting, and repair obligations that need to be managed by a drainage district operated by
the Town as an Article 12-A improvement district, and the town, in accordance with the
requirements of subdivision and the Final Plat conditions and the stormwater requirements
for the town (and of the DEC/EPA) duly authorized a Map, Plan and Report (“MPR”) that was
previously determined to comply with Town Law §§ 209-c and 209-d, as prepared by the
Town’s Engineer (T.G. Miller P,.C.) and, upon a review thereof it was determined that
proceeding with district formation was in the public interest, and the Town desires to
proceed towards establishment of Drainage District #1 pursuant to the provisions of Town
Law Article 12-A and finds that all proceedings to date have been in compliance therewith;
and
WHEREAS, the Town Board duly issued a Public Interest Order under Town Law §209-d and
determined that (i) the final Map, 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, and no benefited parcels were excluded, from such district, which resolution and
order contained all information required by Town Law Article 12-A; 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 public interest order
and all persons thereat were duly heard and it was determined that, and is now again
determined that:
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Town of Danby, New York 2 May 2023 Town Board Minutes
(1) The boundaries of the proposed district are inclusive of all that land now and
formally part of the South Point Subdivision, consisting of approximately 75.8 acres, all
as shown upon the subdivision plat of record at the Tompkins County Clerk’s Office
(“TCCO”), which plat map in incorporated herein, and which district is comprised of
Town of Danby TPNs 2.-1-9.1 through 2.-1-9.24, being all of the benefitted lots proposed
to be in the District, being comprised of 22 residential building parcels and two
stormwater management parcels, each as said parcels and the district boundaries being
are further depicted in the subdivision and stormwater mapping for the said
subdivision, including as the same are also depicted in the MPR and the descriptions
for parcels and land records as are on file at the TCCO.
(2) The proposed improvements consist of stormwater retention ponds, vegetated
swales and ditches to convey stormwater to pond forebays, rip rap, a culvert, and other
related stormwater facilities and drains, all of which are set forth upon the Final
Subdivision Plat (which Plat is expressly incorporated herein, as now exists or as
hereafter amended); that all costs of installation have been constructed and paid by the
Developer (including through an escrow fund created for the purpose of this district),
and future maintenance responsibilities of the Town (through Drainage District #1)
include stormwater inspections, sediment and debris removal, vegetation management,
animal and nuisance management, erosion control, and structural repairs; that the
Developer has provided easements and rights-of-way to the Town for normal
maintenance and emergency access to such facilities, and that title to the ponds and
forebays has been acquired by the Town and District; and that further responsibilities
of the District include the need to periodically inspect on-site built and maintained
stormwater facilities (including upon individual residential lots), such as rain gardens
and bioretention treatment practices, and to require their preservation, maintenance,
and improvement, as required by law.
(3) The estimated cost to the Town and the District for the proposed improvements is
$0.00, which is the maximum amount proposed to be expended by the Town or the
District.
(4) There is no hook-up fee or cost for or to the drainage district.
(5) There is no public financing or bonding needed for this project.
(6) The MPR is and has been on file for public review and inspection at the Office of the
Town Clerk.
(7) A public hearing was duly scheduled and conducted on May 2, 2023 in accordance
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Town of Danby, New York 2 May 2023 Town Board Minutes
with law, and the MPR and notice thereof explain and describe in how the financing,
hook-up costs, and other costs and expenses of the proposed drainage district were
estimated and computed, including the first year’s estimated average maintenance cost
of $309 per parcel; such costs being proposed to be collected through special benefit
assessments upon the land and included in annual Town and County tax bills; and
WHEREAS, this action was previously classified as a Type I Action under SEQRA and the lead
agency, under a coordinated review that duly considered this subdivision and its drainage
and stormwater facilities, and the creation of this drainage district and Project, previously
issued a Negative Declaration; and the Town, due to the passage of time, conducted a
second environmental review and again determined that there were no anticipated or
expected moderate to significant negative environmental impacts; and
WHEREAS, the Town desires to proceed towards establishment of Drainage District #1
pursuant to the provisions of Town Law Article 12-A, and finds that all proceedings to date
have been in compliance therewith, and after due deliberation upon this matter, the Town
Board of the Town of Danby has determined as follows, and be it therefore
RESOLVED AND DETERMINED, that: (i) the Notice of Hearing was published and posted as
required by law, and was otherwise sufficient; (ii) all property and property owners within the
proposed Drainage District #1 are benefited thereby; (iii) all benefited properties and
property owners are included within the said District (and none are excluded); and (iv) the
establishment of Drainage District #1 is in the public interest; and it is further
RESOLVED AND DETERMINED, that the boundaries of said District are (i) wholly outside the
boundaries of any incorporated city or village, and (ii) are defined as inclusive of the
boundaries of all that land now or formally known as the above-referenced TPNs as being
within the South Pointe Subdivision, including all lands as shown upon the Subdivision Plat
Map, in the MPR, and by the real property metes and bounds descriptions as are on file at
the Town and County Clerk’s Offices (which descriptions are herein incorporated); and it is
further
RESOLVED AND DETERMINED that the prior Negative Declarations of environmental
impacts be and hereby are continued, and that the passage of time since the last
determination shows that no changes in the Project have occurred as are likely to cause any
actual or potential impact to become a moderate or significant impact, such that no
supplemental review under SEQRA is determined to be necessar y for this Project; and it is
further
RESOLVED AND ORDERED, that the establishment of Town of Danby Drainage District #1
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Town of Danby, New York 2 May 2023 Town Board Minutes
be and hereby is approved subject to permissive referendum pursuant to Town Law §209-e
and Town Law Article 7, and the Town Clerk is hereby directed to cause to be published and
posted a notice of permissive referendum within 10 days of the date of adoption of these
Resolutions.
Discussion: The Board expressed sympathy to the subdivision and felt that not doing
something at this point would only lead to worse outcomes.
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 123 of 2023 approved on 2 May 2023
10.4.Response Protocol for Emails Directed to the Town Board
10.4.1.Connors moved that this be revised as of May 2, 2023
Resolution 124 of 2023 to Approve the Revised Correspondence Policy
Moved By: Connors Seconded By: Hunter
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 124 of 2023 approved on 2 May 2023
10.5.More on Goal Setting tabled
10.6.Resolution 125 of 2023 To Authorize Supervisor Gagnon to Award Mowing
Contract
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Town of Danby, New York 2 May 2023 Town Board Minutes
Moved By: Weissburg Seconded By: Connors
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 125 of 2023 passed on 2 May 2023
Resolution 126 of 2023 To Extend the Meeting until 9pm
Moved By: Gagnon Seconded By: Weissburg
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 126 of 2023 passed on 2 May 2023
10.7.Update on Applicability of Disorderly Conduct Law for Noise
10.7.1.Weissburg connected with Lieutenant Kostonin (of the
Tompkins County Sheriff's Department) to discuss their experience with
Section 240.20.
10.7.2.Woodworth had not yet heard back from the State Police and had no
update on the matter.
10.7.3.Gagnon noted that more fact-finding is warranted before taking further
action.
10.8.Resolution 127 of 2023 To Authorize Signing Contract with Choice Words Ithaca
for Grant Writing Services Related to Housing Affordability
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Town of Danby, New York 2 May 2023 Town Board Minutes
Moved By: Gagnon Seconded By: Connors
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 127 of 2023 passed on 2 May 2023
10.9.Resolution 128 of 2023 to Approve Signing the TCNS Quote for Upgrading
WorkStations and Access Points
Moved By: Woodworth Seconded By: Weissburg
Discussion: Gagnon questioned the need for him to replace his computer with a dedicated
town-supplied one.
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 128 of 2023 passed on 2 May 2023
11.Discussion of Next Meeting Agenda
12.Adjourned at 21:20
Recorded by Janice R. Adelman
Town Clerk
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