HomeMy WebLinkAbout2023-03-22 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.Call to Order at 18:01 by Supervisor Gagnon
2.Additions/Deletions to Agenda
2.1.Add: Propose Changing From Elected to Appointed Town Clerk?
2.2. Delete: Amendment to Correspondence Policy
2.3. Delete: Possible Resolution of Support for EMS Legislation
3.Privilege of the Floor
3.1.Marnie Kirchgessner voiced concern over her lack of connectivity, both cellular
signal, the internet, and sometimes the US Postal mail. She noted that she does
not care about noise but does care about not having reliable internet.
3.2.Garry Huddle repeated his request from the last Board meeting that either the
Town Super visor or one of the Board members serve as host of the meetings and
unmute everyone. Huddle also followed up on the suspicious incident report
that Clerk Adelman provided at the previous Board meeting. Huddle noted that
he reviewed the security camera footage and based on that footage reported
that there was no actual threat, thereby undermining the determination made
by the person(s) actually present while the incident was occurring. Huddle then
suggested that when feeling threatened, to call the Sheriff’s Department. Still, as
Mary Ann Barr 2021
T he Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
Town Board Regular Meeting
Wednesday 22 March 2023 at 6:00PM
Town of Danby New York Town Board Meeting Minutes 22 March 2023
Huddle claimed, “But there was nothing. Nothing that was going to bother
anybody in that case.”
3.3.Ted Crane (1) thanked the Board for having a really clear Zoom picture on the
screen; (2) reiterated what Huddle said about all meeting participants being
adults and therefore the Board should unmute the mics; (3) pointed out that
although there was an appointment listed on the agenda, the Board was not
following their own appointment procedure and policy; (4) offered that the
possible use of town hall by an outside commercial group should not be
allowed; (5) stated that considering changing from an elected town clerk to an
appointed one was a ver y passive-aggressive thing to decide if the board cannot
handle interpersonal conflicts, noting that the reason why the town clerk is not
generally appointed is because the role is an independent piece of the
government to ensure that the record of town board business meetings is
correct. Crane noted that the ability to accurately keep records would not
happen if the town clerk is beholden to the town board for their job. He
suggested making the problems with the clerk public information so the
electorate can decide whether the current clerk should continue in the role.
4.Correspondence
4.1.Southern Tier Central Regional Planning & Development Board Leadership
Conference scheduled for April 6 at Corning Community College. The
registration deadline is tomorrow, March 23.
5.Announcements
6.Reports & Presentations
6.1.County Legislature Representative Dan Klein
6.1.1.County-Wide Code Enforcement Study
6.1.1.1.This study is currently on-going; Klein has not been following
the process, but if anyone has any concerns about it, let him
know so that he can tune into what’s going on with the study
6.1.1.2.Supervisor Gagnon noted that the Town Super visors and the
Planner have been involved in the process. Gagnon gave some
background on the reasoning behind the study resluting from
impetus for county-wide collaboration, transferring street
numbering to the county and easing some af the complicated
and cumbersome burden of knowing all aspects of the ever-
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
evolving building codes.
6.1.2.Hillview Road Landfill in West Danby
6.1.2.1.Citizens Advisory Committe keeps track of the testing done on
the landfill; Supervisor Gagnon has been a committee member
since its inception.
6.1.2.2.The Advisory Committee has decided to begin testing for PFAS,
commonly known as the forever chemical.
6.2.Highway Superintendent Keith Shipman not present
6.3.Code Officer Steve Cortright
6.4.Triple Ci es Network Solu ons on IT and Cybersecurity
7.Meeting Minutes
7.1.3 January 2023 tabled until next meeting
8.Warrant Abstract 06 of 2023
8.1.Resolution 084 of 2023 to Approve General Fund Vouchers 93–113 for $19,055.28
excluding Voucher 101 which does not affect the total claims owed.
Moved By: Connors Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 084 of 2023 passed on 22 March 2023
8.2.Resolution 085 of 2023 to Approve Highway Fund Vouchers 52–66 for $42,138.20
Moved By: Connors Seconded By: Weissburg
Vote:
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 085 of 2023 passed on 22 March 2023
8.3. Water Fund —none presented
9.Business
9.1.Dialog With Warren Cross About Draft Noise Law
Cross provided a lengthy description of his research on other noise ordinances
and consultation with former Noise committee chair, Besty Wohl.
Resolution 086 of 2023 To invite the public to comment on the updated draft
noise law up to and including April 19th when the public information session will
occur via written comment or in person at the public hearing. Copies of the draft
law will be on the website and available in hard copy from the Town Clerk’s off ice.
Moved By: Woodworth Seconded By: Weissburg
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 086 of 2023 passed on 22 March 2023
Resolution 087 of 2023 To extend the meeting by 45 minutes such that it goes no
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
later than 9:00PM.
Moved By: Weissburg Seconded By: Connors
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 087 of 2023 passed on 22 March 2023
9.2. Amendment to Correspondence Policy
9.3. SEQR Review of Cannabis Retail Law
9.3.1. Draft Law
9.3.2. DRAFT SEQR Part 1
9.3.3.Resolution 088 of 2023 Determining No signif icant Environmental Impact
detailed in DRAFT SEQR Part 2&3
Moved By: Gagnon Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 088 of 2023 passed on 22 March 2023
9.4.SEQR Review of South Pointe Subdivision Drainage District
9.4.1. Draft Order
9.4.2. DRAFT SEQR Part 1
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
9.4.3.Resolution 089 of 2023 Determining No signif icatn adverse Envirnomental
impact DRAFT SEQR Part 2&3
Moved By: Gagnon Seconded By: Weissburg
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 089 of 2023 passed on 22 March 2023
9.4.4. Final Map, Plan, and Report
9.4.5. Special Drainage District Authorization by Subdivider
9.5.Resolution 090 of 2023
Resolution 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: Weissburg
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 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
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
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
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
potential for each impact to be or become inconsistent with the Town’s master
plan and/or Comprehensive 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
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
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.
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 April 4, 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
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
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 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 Conservation 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
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
Weissburg X
Woodworth X
Gagnon X
Resolution 090 of 2023 passed on 22 March 2023
9.6. Goal Setting, Including Capital Projects Planning and Prioritization -- tabled
9.7.Resolution 091 of 2023 To Approve Workplace Violence/Threat Assessment
Team Charge and Membership
Moved By: Gagnon Seconded By: Connors
Resolved that Laura Shawley, Steve Cortright, Katharine Hunter, and Tyler Jordan
are the 2023 appointed members of the Workplace Violence/Threat Assessment
Team, and
Further Resolved that the team will convene as first arranged by Laura Shawley
to evaluate what has been accomplished and develop a scope of activity for the
year to propose to the Town Board at the April 4 Town Board meeting.
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 091 of 2023 passed on 22 March 2023
9.8. More on Short-term Rental Survey
9.8.1.Draft 1
9.8.2.Draft 2
Leslie and David will continue working on the draft to bring back to the board for
the April meeting.
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
9.9.IT and Cybersecurity Provisioning Follow-up Discussion --tabled
9.10. Resoultion 092 of 2023 to Assign Steve Weissburg and Katharine Hunter to
Perform the Clerk’s Audit
Moved By: Gagnon Seconded By: Connors
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 092 of 2023 passed on 22 March 2023
9.11. Possible Resolution of Support for EMS Legislation
9.12.Request By Seniors for Additional Funding
Woodworth asked for the request to be in writing and cautioned against setting a
precedent.
9.13.CSI 2023 Contract Approval
9.13.1.Draft Contract
9.13.2.Exhibit A
Resolution 093 of 2023 to approve the CSI agreement for 2023
Moved By: Gagnon Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
Resolution 093 of 2023 passed on 22 March 2023
9.14.Resolution 094 of 2023 To Declare April to be Fair Housing Month
Moved By: Gagnon Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 094 of 2023 passed on 22 March 2023
9.15.CAC 2022 Annual Report
Resolution 095 of 2023 To Accept the CAC Annual report.
Moved By: Gagnon Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 095 of 2023 passed on 22 March 2023
9.16.Resolution 096 of 2023 To Approve Use of Town Hall for Septic System
Workshop by Tompkins County Departments of Health and Soil and Water
Moved By: Gagnon Seconded By: Weissburg
Vote:
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Town of Danby New York Town Board Meeting Minutes 22 March 2023
Councilperson Aye Nay Abstain
Connors X
Hunter X
Weissburg X
Woodworth X
Gagnon X
Resolution 096 of 2023 passed on 22 March 2023
9.17.Proposed change from elected to appointed Town Clerk - tabled.
10.Discussion of Next Meeting Agenda
10.1.minutes of Jan 3
10.2.amendment to policy
10.3.public hearing
10.4.goal setting
10.5.STR Survey
10.6.IT cyber security
11. Adjourned at 21:01 by Supervisor Gagnon.
Recorded by Janice R. Adelman
Town Clerk
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