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HomeMy WebLinkAbout2024-05-06 Town Board Minutes Board Members Present:Joel Gagnon, Town Supervisor Leslie Connors Katharine Hunter Patricia Woodworth Paul Hansen Town Staff:Laura Shawley, Bookkeeper Mariah Dillon, Town Clerk Greg Hutnik, Town Planner Other Attendees:Ted Crane Ronda Roaring Zach Larkins Laura Vinyard Julie Clougherty Garry Huddle Delia Yarrow Casey McGrath 1.Call to Order 6:02 2.Additions/Deletions to Agenda 2.1. Authorize Codification 2.2. Consider Making Nomination to County Legislature for Danby EMC Rep 2.3. Approval of Lifeguard Pay Rate for Pond Swimming Program 3.Privilege of the Floor Ronda Roaring Spoke in support of codification of the laws. Roaring also spoke in opposition to giving the park (Dotson Park) more than $5,000 for a tractor, believing that the town should purchase a tractor and rent it to the park, or look into seeing if someone will donate a tractor. Ted Crane Pointed out a typographical error in a dollar amount, in the INHS document. Crane also spoke in support of keeping the Town Board Meeting dates the same as they are currently. He also spoke in support of moving the meeting start time to 7:00 PM, and pointed out that people make plans around the current schedule. Zach Larkins recently built a boardwalk in the park with other community members and felt it was a great experience. He is very interested in seeing a community center, pavilion, skate park, or some type of place for the community to gather for seasonal events be built. Laura Vinyard Spoke in favor of a skate park in the area. 4.Correspondence - None 5.Interview of Peter McDonald as Possible Danby EMC Rep Peter McDonald has been a life long environmentalist. He has served on several committees and currently Chairs the Sustainable Finger Lakes and Cornell on Fire. Has attended the EMC and thinks important things 1 Peter McDonald Marrell Cortright Amanda Schmitt Piha Pamela Goddard Jim Holohan Erin Caruth Tom Janda Mary Ann Barr 2021   T he Town of Danby  1830 Danby Road   Ithaca, NY 14850   danby.ny.gov  Town Board Regular Meeting Monday May 6, 2024 at 6:00PM happen there. He thinks it would be good to have Danby represented and is interested in the position. The board expressed general support for McDonald. Supervisor Gagnon proposed adding a resolution to recommend McDonald under Business. 6.Announcements 6.1. Update on Migration to Office 365. Dillon gave an update on the Town’s Office 365 Migration. Hunter mentioned there are some people in West Danby who continue to have difficulty with their email. Dillon reassured the group that all the issue will be worked through. 7.Reports & Presentations 7.1.Town Clerk 7.2.Code Enforcement Off icer 7.3.Town Planner Planning Board Meeting May 21: ∙18 E Miller Rd – PUBLIC HEARING to take action on minor subdivision in Hamlet Neighborhood ∙405 Troy Road – First review of proposed minor subdivision in Rural 1 zone district Board of Zoning Appeals ∙No applications received for May meeting Tompkins County Parks Grant ∙2023 grant - Boardwalk in Dotson Park almost complete ∙2024 grant - $5K awarded to Danby for South Hill Rec Way Extension easement acquisition Special Event Law – Working through legal counsel comments Signage Zoning Amendments – On deck for tonight’s review Other ∙Continuing staff support for South Hill Trail extension ∙Pro-Housing letter of intent being drafted ∙Tompkins County Housing Affordability Grant will be applied for ∙Beardsley Lane storm water facilities maintenance RFP forthcoming ∙Municipal Planner Coalition meeting was held today to discuss housing in Tompkins County Hutnik mentioned he will be speaking with Shane Spencer soon, regarding the Dobson property. 8.Meeting Minutes 8.1.April 15th Meeting Minutes 8.2.April 25th Special Town Board Meeting Minutes Resolution 130 of 2024 to Approve of April 15th and April 25th Meeting Minutes Moved By Connors Seconded by Gagnon Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 130 of 2024 passed on May 6, 2024 9.Warrant Abstract No 08 of 2024 2024-05-06 Town Board Meeting Minutes Draft Page 2 9.1.Resolution 131 of 2024 to Approve of General Fund Vouchers 126-147 (sans 142) for $13,658.51 Discussion ensued regarding Voucher 75 total vs Voucher 75 billing statement and the missing Voucher number 142. Moved By Connors Seconded by Gagnon Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 131 of 2024 passed on May 6, 2024 9.2.Resolution 132 of 2024 to Approve of Highway Fund Vouchers 68-78 for $58,081.92 Connors pointed out that there was a difference between voucher 75 abstract and the invoice. Moved By Gagnon Seconded by Woodworth Roll Call: Connors Abstain Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 132 of 2024 passed on May 6, 2024 9.3.Resolution 133 of 2024 to Approve of Water Fund Vouchers 7-10 for $825.48 Moved By Connors Seconded by Woodworth Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 133 of 2024 passed on May 6, 2024 10.Business 10.1.Resolution 134 of 2024 to Recommend Peter McDonald to be the Town of Danby Representative on the Environmental Management Council Moved By Gagnon Seconded by Connors Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 134 of 2024 passed on May 6, 2024 10.2.Resolution 135 of 2024 to Authorize Signing of Agreement with Danby Fire District for Shared Use of the Emergency Generator at the West Danby Fire Hall by the Water District (Adding that the terms of the agreement, including shared costs, be spelled out.) 2024-05-06 Town Board Meeting Minutes Draft Page 3 Moved By Gagnon Seconded by Hansen Connors noted that the agreement did not include the terms of the former agreement. Discussion ensued and it was agreed that the terms will be added to the agreement. Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 135 of 2024 passed on May 6, 2024 10.3.Plus One ADU Program Support Letter - Delia Yarrow, Director of Home ownership at Ithaca Neighborhood Housing Services (INHS) Looking to partner with the Planning Department and Code Office to identify sub-standard housing units for potential funding for rehab, or building new units. Resolution 136 of 2024 to Have Supervisor Gagnon Sign the (corrected) Letter in Support of the INHS. Moved By Connors Seconded by Hunter Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 136 of 2024 passed on May 6, 2024 10.4.Presentation By Water District Personnel Re Space Needs Marrell Cortright, Water District Clerk, talked about shared space not being available at the firehouse. Is looking at Water District land to build an office/shed. They have mapped out a 20’ x 14’ building. She has specs and wants to know if it is ok to proceed with this line of thinking. M. Cortright also requested that the Water District Operator also be a signer the agreement with Danby Fire District for shared use of the emergency generator at the West Danby Fire Hall by the Water District, The Town Board offered their support for M. Cortright to get initial prices for a new building. Supervisor Gagnon also remarked that the Water District Advisory Committee is planning on talking to the Fire District commissioners to see if a way can be found to address the FD's lawyer's objections to shared use of the West Danby Fire Station for a Water District office. 10.5.Further Consideration of Community Park Agreement ( DCPA) Amanda Schmitt Piha attended to answer questions from Town Board members. Connors requested DCPA financial information, and a copy of the conservation easement. Discussion ensued regarding the relevance of requested documents as they pertain to the Community Park Agreement. Connors suggested that having the financial records and easement documents is typical for agencies that are requesting funds. Piha felt the Community Park budget was sufficient documentation for the Agreement. Woodworth asked about the legal status of the DCPA. 2024-05-06 Town Board Meeting Minutes Draft Page 4 Piha: We have done everything on our end, it is sitting with the lawyer to bring to the Attorney General and get everything solidified but nothing has been finalized. We have provided copies of our bylaws and articles of incorporation so that they can bring them up to be in alignment with the new laws that were passed. Gagnon: When we inquired about it, two or three years ago, we were told there's only two ways of dealing with this, one was to dissolve and reform, and the other was to go to a court to have the court tell you how to proceed. It appears from reading minutes of the DCC that there's a third way that this lawyer has identified that wasn't on anybody's radar. Could you clarify what is this third way? Piha: When we went to the lawyer we presented our case and she gave us two options and a recommendation of what she felt was more advantageous, and more cost effective. Then after the other organization (DCC) brought to her the same exact issue, and reading through our bylaws and our missions, she came to both of us and said it would be my professional opinion that you consider this third option because your missions are almost directly in alignment. You provide services that enhance the quality of life in Danby, and your boards have overlapping members., It would be advantageous to go down this path. We weighed the pros and cons and talked about what the impact would be on our organizations and that was ultimately the direction we decided to go in. It was in the best interest of the organization in the long term sustainability, and the fiscal responsibility of it in the long term to share resources. All of this is being done at the board level, in the best interests of the organization. Nothing is finalized yet. Nothing is really ready for public announcement. When it all comes through and we're done with all of the legal responsibilities and the lawyer completes all of this, there will be much more public announcement because at that point we'll have all the details. Right now I still don't have all the details. We are working through questions and what this looks like. Nothing is finalized. It's still has to go to the next stages. So right now the DCPA is still the DCPA - it's the same organization. I mean, we're doing the exact same things, which is to provide management of Dotson Park and that's where we're at. Gagnon: This third way about going to the attorney general? Piha: There were two ways that were to go to the attorney general. To go to them and show them what we've been doing, what the bylaws look like right now, where the law changed, and how to bring everything where it needs to be. It's on their desk to make the next steps. Gagnon: What happens to the membership of the organization as a result of the process? Piha: It’s going to look different. The lawyer looked through our bylaws, looked through our operations and presented us with different ways to have membership that would be in alignment with the law changes. So that is what membership will look like. We will continue to have a board of directors, and all people in Danby can be part of the board of directors, and then we'll have different ways for people to get involved that still allow for involvement of the individuals in Danby, but will allow us to meet the quorum regulation, or the change in law, so that we will always have a quorum at our meetings and we will be able to conduct business in the way that it is intended. But like I said, all of that is still being finalized. And I don't know what else to say about it. Until it's all approved and finalized, I can't present anything. Pamela Goddard, Treasurer of the Danby Park Association, pointed out that the agreement is reimbursement based. Nothing gets paid until the DCPA has paid for it and then DCPA asks for reimbursement. Goddard: We currently have had expenses that are paid out. We've been paying the port-o-john rental and the contract for the tractor has been paid out. So I already have things that are ready to invoice if the town is in fact going to follow through with his agreement. Nothing is changing in terms of the way that invoices will be prepared with receipts. Nothing has changed in terms of what the services are that we're 2024-05-06 Town Board Meeting Minutes Draft Page 5 asking for support for. So it's up to the board whether you want to do this. All the rest of it - I don't think it is pertinent to the Agreement. Crane: This is a contract, payment for services rendered. We are a vendor in this contract. This is not a grant. I'm not aware that you ask these questions of vendors. This is a contract for services. And I think it's very clear from what has been said and from past history that we do not bill for anything that was not spent and we never bill for anything that wasn't authorized in advance. Hunter clarified that because the structure of the DCPA is changing, the Town Board wants to have an understanding of those changes. Gagnon: You cannot just gift public money. You have to have an agreement that our public money is being spent in a certain way, for certain purposes that we mutually agreed to, and that’s what is spelled out in the agreement between us and DCPA, and the seniors and anybody else that we fund. Piha: It’s outlined in the contract. There's an appendix... Gagnon: ...Detailing what the town is paying for and what it will get in return. Connors: All I'm asking for is a copy of a financial report and a copy of the easement. Hansen: That doesn’t sound unreasonable, a financial report and a copy of the conservation easement. Goddard described the financial report, and reiterated that she did not think the financial information was pertinent to a reimbursable contract. Piha mentioned that the 990 tax filings (for non-proffit organizations) are public records. There was general consensus that the board would approve the agreement once they received a current DCPA financial report and a copy of the DCPA conservation easement. Resolution 137 of 2024 to Approve of the Agreement with the DCPA Once the Requests for a Financial Report and Easement Document are Provided Moved By Hansen Seconded by Gagnon Connors: “I think it's really sad that simple requests, in order to get money to provide things for residents of Danby, is just so fraught with "No's." I'm disappointed beyond belief that those two requests, which if you can get them to the supervisor tomorrow, why couldn't we have already gotten them? I don't think it was too much to ask. I'm really sad that this posturing goes on and impacts services to the residents of Danby." Clougherty spoke about the on going tension between the town board and the DCPA and DCC, as well as with the process of making those organizations legal and being able to have a quorum. They spoke highly of Piha’s strength is fundraising, but inability to do so because of the legal issues. They assured the board that there is nothing secretive going on and they stressed the need to move and and be able to count on the board for continued funding for the DCPA. They want to keep a good relationship with the board, and want to keep the conservation easement separate from the agreement with the town. Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 137 of 2024 passed on May 6, 2024 2024-05-06 Town Board Meeting Minutes Draft Page 6 10.6.Resolution 138 of 2024 to Authorize the Supervisor to Sign the Agreement with NYS Parks for the Jennings Pond Program Moved By Gagnon Seconded by Hansen Life Guard hiring will be coming up. Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 138 of 2024 passed on May 6, 2024 10.7.Resolution 139 of 2024 to Authorize Signing Contract for Park and Trail Grant from Tompkins County for Trail Easement Acquisition Moved By Connors Seconded by Hansen Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 139 of 2024 passed on May 6, 2024 10.8.Consideration of FreeStanding Sign Zoning Amendment (Two Parts) 10.8.1.Part One Resolution 140 of 2024 - SEQRA DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE – A LOCAL LAW AMENDING LOCAL LAW NO. 1 OF 2022 TO ALLOW FREESTANDING SIGNS IN THE HAMLET CENTER AND HAMLET NEIGHBORHOOD ZONE DISTRICTS, PROHIBIT ELECTRONIC MESSAGE CENTERS TOWN-WIDE, AND REGULATE SIGN LIGHTING TOWN-WIDE Whereas, this action is in consideration of the enactment of Local Law 2 of 2024, A Local Law Amending Local Law No. 1 Of 2022 To Allow Freestanding Signs in The Hamlet Center and Hamlet Neighborhood Zone Districts, Prohibit Electronic Message Centers Town-Wide, and Regulate Sign Lighting Town-Wide; and Whereas, this action was determined to be an Unlisted Action under the State Environmental Quality Review Act, which requires environmental review; and Whereas, the Town Board, being the local agency which has primar y responsibility for approving the action, did on April 1, 2024 declare itself the Lead Agency for the environmental review, and Whereas, this Board, acting as Lead Agency in environmental review, has on April 15, 2024, reviewed and accepted as adequate: a Short Environmental Assessment Form, Part 1 and Part 2, respectively, prepared by Lead Agency and Town Planning staff; Now Therefore, be itResolved, that the Town Board of the Town of Danby determines the proposed Local Law Amending Local Law No. 1 of 2022 To Allow Freestanding Signs in The Hamlet Center And Hamlet Neighborhood Zone Districts, Prohibit Electronic Message Centers Town-Wide, And Regulate Sign Lighting Town-Wide will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the 2024-05-06 Town Board Meeting Minutes Draft Page 7 Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Moved By Gagnon Seconded by Connors Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 140 of 2024 passed on May 6, 2024 10.8.2.Part Two Resolution 141 of 2024 ADOPTING LOCAL LAW NO. 2 OF 2024, AMENDING LOCAL LAW NO. 1 oF 2022 TO ALLOW FREESTANDING SIGNS IN THE HAMLET CENTER AND HAMLET NEIGHBORHOOD ZONE DISTRICTS, PROHIBIT ELECTRONIC MESSAGE CENTERS TOWN-WIDE, AND REGULATE SIGN LIGHTING TOWN-WIDE Whereas, the Town Board of the Town of Danby finds it necessary to amend Local Law No.1 of 2022, entitled “Repeal and Replace Zoning Law” to allow for freestanding signs in the Hamlet Center and Hamlet Neighborhood Zone Districts, prohibit electronic message centers town-wide, and provide additional regulations for sign lighting town-wide; and Whereas, 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) requires that a Lead Agency be established for conducting environmental review of projects in accordance with state environmental law; and Whereas, this is an Unlisted Action under the State Environmental Quality Review Act, which requires environmental review; and Whereas, State Law specifies that for Unlisted actions, coordinated review is not required; and Whereas, State Law specifies that when a single agency is involved, that agency will be the lead agency when it proposes to approve an Unlisted action that does not involve another agency; and Whereas, the Town Board is the single agency with primary responsibility for approving the Action; Whereas, this Board, acting as Lead Agency in environmental review, has on April 15, 2024, reviewed and accepted as adequate: a Short Environmental Assessment Form, Part 1 and Part 2, respectively, prepared by Lead Agency and Town Planning staff; and Whereas, the Tompkins County Planning Department has been given the opportunity to comment under §239 -l, -m, and -n of the New York State General Municipal Law and determined that this Local Law has no negative inter-community, or county-wide impacts; and Whereas, the Town of Board of the Town of Danby held the required Public Hearing on April 15, 2024; and Whereas, that the Town Board of the Town of Danby on April 15, 2024 determined the proposal will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act; Now Therefore, be it 2024-05-06 Town Board Meeting Minutes Draft Page 8 Resolved, this Local Law shall take effect immediately upon adoption by the Town Board of the Town of Danby and filing with the Secretary of State. Moved By Gagnon Seconded by Connors Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 141 of 2024 passed on May 6, 2024 10.9.Housing Affordability Grant Resolution Resolution 142 of 2024 to Support an Application to Tompkins County Housing Affordability and Supportive Infrastructure Grant Program for Grant Writer Support WHEREAS, the Town of Danby has a stated goal of addressing the limited availability of housing that is affordable for residents in the 2011 Comprehensive Plan and the 2020 Community Housing Needs Assessment; and WHEREAS, the Town of Danby desires to improve the affordability of housing through the proposed project to hire a grant writer and pursue related grants in 2024; now RESOLVED, that the Town of Danby Town Board supports and authorizes the submission of a grant application for up to $10,000 to the Tompkins County Housing Affordability and Supportive Infrastructure Grant Program. And be it further resolved that if the grant application is successful, the Town of Danby Town Board authorizes the Supervisor to execute the contract with Tompkins County to implement the project. Moved By Woodworth Seconded by Hunter Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 142 of 2024 passed on May 6, 2024 10.10.Consideration of Change of Meeting Days for Town Board Meetings Woodworth expressed support for keeping the Town Board Meetings on Mondays. Hunter spoke in favor of changing the Town Board meeting days so that board members could attend other town meetings that are held on Mondays. Discussion ensued regarding the benefits and drawbacks of having the board meeting on other days of the week. There was a consensus to revisit this question at the next meeting. Resolution 143 of 2024 to Extent the meeting to 8:15 Moved By Gagnon Seconded by Hunter Roll Call: Connors Yes Hansen Yes Hunter Yes 2024-05-06 Town Board Meeting Minutes Draft Page 9 Woodworth Yes Gagnon Yes Resolution 143 of 2024 passed on May 6, 2024 10.11.Authorize Codif ication of Town Laws Resolution to Authorize Codification of Town Laws was moved, seconded and withdrawn. Connors brought up some pricing details including, upfront costs, annual costs, and the cost of adding new submissions to the volume. The board agreed to have Dillon get a price quote from General Code for the next meeting. 10.12.Resolution 144 of 2024 to Recommend to the County Legislature that Peter McDonald be our Representative to the EMC. Moved By Gagnon Seconded by Conners Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 144 of 2024 passed on May 6, 2024 10.13.Resolution 145 of 2024 to Approve a Pay Rate of $20 Per Hour For the Pond Swimming Program Lifeguards Hunter mentioned that it should be easier to get a lifeguard since their training was free. Discussion ensued regarding the training of lifeguards. Moved By Gagnon Seconded by Hansen Roll Call: Connors Yes Hansen Yes Hunter Yes Woodworth Yes Gagnon Yes Resolution 145 of 2024 passed on May 6, 2024 10.14.Further Consideration of ARPA Money Use Discussion ensued of several items on the Potential ARPA list. Conners asked to add the Water District small office building to the list. She also mentioned the lack of broadband to the West Danby Water District. Supervisor Gagnon mention the possibility of using Starlink. It was agreed that getting broadband on the list was a good idea. Discussion ensued regarding the costs and complexities of getting broadband to the area. The board talked about the needs of the Highway department and the grading of the Highway parking lot. 11.Discussion of Next Meeting Agenda 12.Adjourn 8:18 2024-05-06 Town Board Meeting Minutes Draft Page 10