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HomeMy WebLinkAbout2023-04-04 Town Board Minutes Meeting Minutes Roll Call: Town Board Joel Gagnon, Super visor Leslie Connors Katharine Hunter Steve Weissburg Patricia Woodworth Town Bookkeeper Laura Shawley (via videoconference) Town Code Enforcement Off icer Steve Cortright (via videoconference) Town Planner David West (via videoconference) Recording Secretary Janice Adelman, Town Clerk (via videoconference) Transcript and audio recording are available online. 1.Public Hearing on Cannabis Law 1.1.Opened at 18:02 All those who submitted written comments or spoke at the hearing: In favor Against Comments Ted Crane 1.2.Hearing closed at 18:06 2.Call to Order at 18:07 by Supervisor Gagnon 3.Additions/Deletions to Agenda 3.1. Water Committee Recommendation for Trainee Compensation 3.2. Reschedule Public Hearing South Pointe Subdivision PIO 3.3. TAT Report and Goal Setting for the Year 3.4. Deletion: 10.8 Response Protocol for Emails Directed to Town Board 4.Privilege of the Floor 4.1.Marnie Kirchgessner. Spoke in favor of improved IT security at increased cost. 4.2.Ronda Roaring. Had a positive comment about how the agenda appears in her website which shows the person who uploaded it and how many views it has Mary Ann Barr 2021   T he Town of Danby  1830 Danby Road  Ithaca, NY 14850  danby.ny.gov  Town Board Regular Meeting  Tuesday 4 April 2023 at 6:00PM Town of Danby New York Town Board Meeting Minutes 4 April 2023 received. 4.3.Ted Crane. Spoke to correct the record of Jan 3 minutes regarding his comments regarding Zoho’s use of third-party cookies. Spoke out against the transition of clerk from elected to appointed. Spoke out regarding the IT presentation at the last meeting as being devoid of any content other than scare tactics. 5.Correspondence 6.Announcements 6.1.Katharine Hunter recognized the work being done on the monument with a gate being added. TAPS across America will be held once again on Memorial Day. 7.Reports & Presentations 7.1. Town Clerk 7.2. Code Enforcement Officer 7.3. Town Planner 7.3.1.Both Planning Board and BZA monthly meetings were cancelled in March 2023. 7.3.2.Planner will be on vacation next week and part of the following week. 7.3.3.Reviewed responses to RFQ for grant writers, working on checking references and drafting a contract. 7.3.4.Expecting draft wastewater hamlet report from Hunt in the next few weeks. 7.3.5.Expecting first applications to homeowner rehab program 7.3.6.Later in the meeting, grant regarding the Parks 7.3.7.Leslie Connors and West met to discuss the STR survey; not necessarily done with it. 8.Meeting Minutes 8.1.3 January 2023 waiting for the resolution text to be added to resolutions 4, 5, 45, and 47. No action taken. 9.Warrant Abstract 06 of 2023 9.1.Resolution 097 of 2023 to Approve General Fund Vouchers 113–125 Excluding 117 and 118 for $6,974.51 Moved By: Connors Seconded By: Weissburg Vote: Page 2 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 097 of 2023 passed on 4 April 2023 9.2.Resolution 098 of 2023 to Approve Highway Fund Vouchers 67–74 for $16,849.36 Moved By: Connors Seconded By: Weissburg Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 098 of 2023 passed on 22 March 2023 9.3. Water Fund —none presented 10.Business 10.1.SEQR Review and Support Resolution for Park Grant Application 10.1.1.Resolution 100 of 2023 In Support of Application to Tompkins County for Parks and Trails Funding Moved By: Connors Seconded By: Weissburg WHEREAS, The Town of Danby's 2011 Comprehensive plan lists Goal "G2.4.1 Actively support the development of a Danby Community Park with active and passive recreational facilities that are needed in Danby..." WHEREAS, The Danby Community Park Association has identified flooding Page 3 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 issues on the existing trail network as a key issue to address in 2023 and has compiled a budget and plan for the creation of movable boardwalks that can be used to improve access and protect the environment from damage when the ground is wet in key locations. WHEREAS, A grant of up to $5,000 is available from Tompkins County to fund improvement of public parks and trails. BE IT RESOLVED, that the Town of Danby Town Board supports and authorizes the submission of a grant application for up to $5,000 to the Municipal Parks and Trails Grant Program. And, BE IT FURTHER RESOLVED that if the grant application is successful, the Town of Danby Town Board authorizes the Super visor to execute contracts with Tompkins County and the Danby Community Park Association to implement the project. Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 100 of 2023 passed on 22 March 2023 10.1.2.SEQR Part 1, SEQR Parths 2&3 10.1.3.Resolution 099 of 2023 Based on All Parts of the SEQR Application, The Board Determines No Signif icant Environmental Impact Moved By: Gagnon Seconded By: Hunter Vote: Councilperson Aye Nay Abstain Connors X Page 4 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 Hunter X Weissburg X Woodworth X Gagnon X Resolution 099 of 2023 passed on 22 March 2023 10.2.Propose Changing From Elected to Appointed Town Clerk 10.2.1.With the proposal, it would be placed on the ballot this year which would coincide with the election for Town Clerk 10.2.2.If the referendum passes, the elected Clerk would not be placed into office. 10.2.3.If the referendum fails, the elected Clerk would fulfill the position. 10.2.4.The consensus is to have Town Attorney Guy Krogh work up the referendum to put before the voters. 10.3.IT and Cybersecurity Decisions – Triple Cities Network Solutions Proposal Resolution 101 of 2023 to Procure the Services of Triple Cities Network Solutions Moved By: Hunter Seconded By: Connors WHEREAS, we previously contracted with SCT Computers for hardware and network equipment and support; WHEREAS, SCT informed us Monday, March 27 that as our contract ended December 4 2022 and they were only serving us on a month to month basis, they would no longer serve the Town of Danby. WHEREAS, NYS is increasingly adding cybersecurity oversight to their local government audits; WHEREAS, the Town Board reviewed proposals from three different vendors; WHEREAS, Katharine Hunter with reports to the town board extensively consulted with additional vendors, other Towns, the County and the State offices, and cyber insurance brokers; Page 5 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 THEREFORE BE IT RESOLVED, that the Town will hire Triple Cities Network Solutions (TCNS) as their new IT vendor and IT support in a contract agreement for ServiceCare that will not exceed ($34,000) per year, and, BE IT FURTHER RESOLVED, that TCNS will undergo a complete gap assessment of our needs and vulnerabilities resulting in updates to our network and hardware equipment, services, and software, and BE IT FURTHER RESOLVED that to come into compliance the Town will invest in cybersecurity insurance. Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 101 of 2023 passed on 4 April 2023 10.4.Cannabis Local Law Resolution 102 of 2023 To Adopt Amendments to Town Zoning Law for Cannabis Retail and Consumption Establishments and Businesses Moved By: Gagnon Seconded By: Connors Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Page 6 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 Woodworth X Gagnon X Resolution 102 of 2023 passed on 22 March 2023 10.5. Short-term Rental Sur vey Finalization and Distribution Planning Resolution 104 of 2023 To Endorse Short-Term Rental Survey as Amended Here and Move On To Printing and Distribution Moved By: Gagnon Seconded By: Weissburg Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 104 of 2023 passed on 4 April 2023 Resolution 105 of 2023 To Extend this Business Meeting by 30 Minutes Moved By: Gagnon Seconded By: Woodworth Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Page 7 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 Resolution 105 of 2023 passed on 4 April 2023 10.6.Consider Requesting Planning Board Input on STR Considerations. 10.6.1.Gagnon will ask them if they’re interested and the Board will think about how to get the PB involved. 10.7.Goal Setting, Including Capital Projects Planning and Prioritization TABLED 10.8.Water Committee Recommendation for Trainee Compensation Resolution 106 of 2023 To Approve the West Danby Water District’s Recommendation that The Assistant Operator will be Compensated at 80% of the Assistant Operator’s Salary for the Training Period Moved By: Connors Seconded By: Gagnon Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 106 of 2023 passed on 4 April 2023 10.9.Reschedule Public Hearing South Pointe Subdivision PIO Resolution 103 And Order of the Town Board Calling Public Hearing Upon Public Interest Order for the Formation of Drainage District #1, For the South Pointe Subdivision and Making Negative Declaration of Environmental Impacts Under SEQRA, Including Part 617.7(c) Moved By: Gagnon Seconded By: Connors WHEREAS, the Town has acquired title to the stormwater pond lots after years of delay and the usage of escrowed stormwater funds from the original developer, and the town undertook to consider different options for assuring the long-range management, improvement, and Page 8 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 reporting upon the permanent stormwater practices that benefit this subdivision; and WHEREAS, a Map, Plan and Report (“MPR”) that complies with Town Law §§ 209-c and 209- d was prepared by the Town’s Engineer and, it being in the public interest to form such district, the Town desires to proceed towards establishment of Drainage District #1 pursuant to the provisions of Town Law Article 12-A (the “Project”) and finds that all proceedings to date have been in compliance therewith and that the final Map, Plan and Report, dated November 17, 2021 complies with the requirements of Town Law §§ 209-c and 209-d, particularly as to the descriptions and expenses set forth therein for the boundaries and first year’s expenses for the proposed district; and as it is found to be 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 as all benefited parcels are included within such district and no benefited properties have been excluded from the district; and WHEREAS, this action is an Unlisted Action under SEQRA and the town board, as the only involved agency is declared lead agency for an uncoordinated review, and such review duly considered drainage and stormwater facilities, and the creation of this drainage district and, as set forth below, the lead agency has issued a negative declaration, including because this project protects the environment and no impacts arising from this Project are or are likely to cause any actual or potential negative impacts that have a likelihood to become a moderate or significant impact; and WHEREAS, as set forth more fully in the SEAF and SEQRA review documents and findings statement, there were no moderate or significant actual or potential environmental impacts identified in relation to this action, and potential or probable future environmental impacts were analyzed and duly considered by the Town Board, as Lead Agency, in relation to the question of whether such impacts were so probable of occurring or so significant as to require a positive declaration of environmental impacts; and WHEREAS, and after weighing the above and all other potential impacts arising from or in connection with the adoption of this local law, and after also considering: (i) the probability of each potential impact occurring; (ii) the duration of each potential impact; (iii) the irreversibility of each potential impact, including permanently lost resources of value; (iv) whether each potential impact can or will be controlled or mitigated by permitting or other processes; (v) the regional consequence of the potential impacts; (vi) the potential for each impact to be or become inconsistent with the Town’s master plan and/or Comprehensive Page 9 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 Plan and local needs and goals; and (vii) whether any known objections to the Project relate to any of the identified potential impacts, the Town Board found that these factors did not cause any potential impact to be or be likely to become moderate, large, or significant; and WHEREAS, after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, the Town Board, as Lead Agency, has made a negative declaration of environmental impacts from the adoption of this local law, as more fully set forth below; and WHEREAS, upon due deliberation hereupon, the Town Board hereby adopts an Order pursuant to Town Law §209-d as follows, and issues a SEQRA negative declaration for this action, so be it resolved by the town board of the Town of Danby as follows: 1.The boundaries of the proposed district are inclusive of all that land now and formally part of the South Pointe Subdivision, including approximately 75.8 acres, all as shown upon the subdivision plat of record at the Tompkins County Clerk’s Office, which plat map in incorporate herein, and which district is comprised of Town of Danby TPNs 2.-1-9.1 through 2.-1-9.24, being all of the benefited lots proposed to be in the District, being comprised of 22 residential building parcels and two stormwater management parcels, each of said parcels and the district boundaries being 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 Tompkins County Clerk’s Office. 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 and in the SWPPP (which are incorporated herein). The future maintenance responsibilities of the Drainage District #1 include inspections, sediment and debris removal, vegetation management, animal and nuisance management, erosion control, and structural repairs. The town possesses access easements and rights-of-way for normal maintenance and emergency access, and title to the ponds and forebays are already in the name of the Town. Further responsibilities of the District include the need to periodically inspect on-site privately built and maintained stormwater facilities (on individual residential lots) and require their preservation, maintenance, and improvement, as required by law. Page 10 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 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. There is no hook-up cost for or to the drainage district, and there is no financing needed for this project. 4.The MPR describes in detail 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 cost of $309.00 per parcel. Such costs are proposed to be paid through special benefit assessments for the benefited parcels of the proposed district, to be collected with the annual Town and County tax bill. The average cost was computed by identifying the work currently needed, the frequency that each maintenance activity is required, and then establishing the number of hours and cost per hour for such maintenance activity to arrive a total district first year’s estimated cost of $10,970. At present, the Town retains $4,177 in an escrow account that will be applied to the cost of First-Year Maintenance, and the balance of $6,793 will be assessed equally to the owners of taxable land within the District on a per lot basis. This method of cost apportionment is considered equitable as the character and extent of the residential construction is fairly consistent regardless of lot acreage. With a total of 22 buildable lots, the District charge to each benefited parcel is calculated as: $6,793/22 lots = $309/lot. This statement of detail as to how the costs were calculated is and shall be deemed the required computation statement required to be filed with the Town Clerk by Town Law § 209-d(1). 5.The MPR is on file for public review and inspection at the Office of the Town Clerk, and a public hearing upon such proposed district will be held at 6:00 pm on May 2, 2023, at the Danby Town Hall, 1830 Danby Road, Ithaca, NY 14850 to thereat hear all persons interested in the subject thereof, and following which to take such action thereon as is required or permitted by law 6.The Town Clerk of the Town of Danby, Tompkins County, New York, is hereby authorized and directed to cause this Resolution and Order to be published in the Town’s official newspaper and posted not less than 10 nor more than 20 days before such public hearing. 7.The Town Board of the Town of Danby hereby is again declared to be the Lead Agency, and after consideration of the SEAF and actual or probable environmental impacts, as well as all other impacts and criteria requiring review or consideration under 6 NYCRR Page 11 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 617.7(c), the Town Board as Lead Agency finds, declares, and hereby determines that the proposed action – the formation of Town of Danby Drainage District #1 - will have no significant negative environmental impacts or consequences, and this declaration is made in accord with Article 8 of the Environmental Conser vation Law and the Regulations promulgated thereunder, and accordingly, the Town Board of the Town of Danby, based upon (i) its thorough review of the EAF, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c), and (iii) its completion of the SEAF, including the findings noted therein (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance in accordance with SEQRA for the above referenced proposed action (“Negative Declaration”), and determines that an Environmental Impact Statement is therefore not required, and a Responsible Officer of the Town Board of the Town of Danby is hereby authorized and directed to complete and sign the determination of significance confirming the foregoing Negative Declaration, which fully completed and signed SEAF and determination of significance shall be incorporated by reference in this Resolution. Vote: Councilperson Aye Nay Abstain Connors X Hunter X Weissburg X Woodworth X Gagnon X Resolution 103 of 2023 passed on 22 March 2023 10.10. TAT Report and Goal Setting for the Year Read by TAT Committee Member Katharine Hunter WPVTAT convened at 10am, Wednesday, March 29. The Members: Laura, Steve Cortright, Tyler Jordan, and Katharine Hunter. Laura Shawley has accepted our wish for her to chair the team. We discussed ideas, redirection for the team. We do wish to add another Page 12 of 14 Town of Danby New York Town Board Meeting Minutes 4 April 2023 member possibly from another board or council, possibly from the planning board? These are just thoughts. We believe that we are not authorized or licensed or permitted by any legal entity for action regarding incident reports. We do believe that in the event of urgency and threat the first action to be should be to lock the doors and call 911. We do believe that the incident report should be directed to the team, not publicly. We do believe that the team should hold and record such incident reports. We believe our responsibilities include review of physical security for offices and staff and the physical plants and the security for our highway crew while they're out on the road. We discussed cellphone and radio communications in that event. Regarding physical safety at the town hall, we will revisit all recommendations made last year with the research help of David McDermitt. We will also review safety at highway and in both plans, we are concerned about issues when only one person is present. We want to review training and physical security, ie locked doors, doorbells, the placement of cameras in the event that the doorbell alerted an individual to look at the camera showing entrances and hallways. We believe that we are a coordinating group who are open to hearing concerns from staff and citizens regarding regarding continuing to create and maintain respectful, safe environments, where concerns can be presented and discussed. We believe that we should research and consider setting up ongoing training for staff and councils. That's the lowdown. 11.Discussion of Next Meeting Agenda 11.1.Approve TAPS across America event 11.2.Capital Projects Goal Setting 11.3.Response Protocol to Board Emails 12. Adjourned at 20:39 by Supervisor Gagnon. Recorded by Janice R. Adelman Town Clerk Page 13 of 14