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HomeMy WebLinkAboutTB 2020-08-10 DRAFT Minutes Draft-Pending Board Approval Town Board_Minutes_20 200810 • August 10, 2020 Page 1 of 5 Danby Town Board Minutes of Regular Meeting August 10, 2020, 7pm, via Zoom Videoconferencing Present: Councilpersons: Leslie Connors, Jim Holahan, Joel Gagnon (Supervisor), Jim Holahan, Matt Ulinski Absent: Sarah Schnabel Others Present: Town Clerk Alexandra Pfeifer Bookkeeper Laura Shawley Planner Jason Haremza Legislator Dan Klein Public Ronda Roaring, Ted Crane, Katharine Hunter, Kevin Feeney, Kim Nitchman Meeting Opened at 7:04 pm Additions and Deletions to the Agenda Matt Ulinski mentioned to add the budget process, but it was already on the agenda. Clerk Pfeifer requested that, per Mary Ann Barr, that the resolution for adopting the LGS-1 be postponed until October. Pfeifer also added that she had an report via email from Marnie Kirchgessner that was for the TB. Gagnon suggested that it be read during the correspondence portion of the Agenda. Correspondence The following email from Marnie Kirchgessner was read by Clerk Pfeifer for the TB: On Aug 9, 2020, at 4:44 PM, Marnie Kirchgessner wrote : Please share with Danby Town Board. Time in the time of Covid has become an interesting constuct to say the least. I am serving on both the County Youth Services Advisory Board and the Recreation Partnership representing the Town of Danby. While I was familiar with both these boards from past service I was not familiar with how the Town of Danby was organized in its relationship with youth service delivery. I come from the school of budgets set policy. As a member of CYSAB I was ask to vote on across the board cuts that would affect allocations for services for Danby residents. My concern was how would across the board cuts affect program participantion. Could organizations even continue with 12% cuts? What would that mean to participation numbers? Did Danby residents prefer one service over another? What was the cost benefit ratio? A presentation had been made to the CYSAB about acessing excellence in funded programs yet when this historical information was critical the information was " this is what the county administrator requests" . I abstained on the vote to cut Municipal Youth Service Grants which would reduce Danby's allocation from $24,027 to $21,144. The overall impact was a bottom line $397,157 to $349,498 a significant number with real impacts. The Recreation Partnership could be maintained at current level by an over the target reguest which I did support. I believe my role is to provide the Danby Town Board with as complete set of information as I can ascertain and an assessment for you to formulate town budget information. To that end I met with town bookkeeper Laura Shawley from which in 2019 I understand Danby contributed $13,521 for the Recreation Partnership and $19,660.35 for the Danby component of the Municipal Youth Service Program ( this may include funds for youth employment component as the 2020 RYS budget only reflects $17,063). Hence my confusion. My concern remains how do programs sustain themselves with significant cuts or is the hope municipalities will assume the additional cost. As member of the Recreation Partnership I supported a flat budget for next year which will resort in some program cuts. The cut programs were chosen by staff changes and safety concerns. A restoration of these efforts is desirable for the community as circumstances permit. Partcipation numbers were forwarded and effect the actual request of cost. The partcipation numbers could reflect some duplication across programs. A summer camp participant may go to 3 sessions but is only counted once. If this child also takes swim lessons there could be duplication. There will be a reimbursement to towns for lost programs for this year. The county was against maintaining a credit for next year. I am always available for questions. Marnie Kirchgessner Privilege of the Floor Draft-Pending Board Approval Town Board_Minutes_20 200810 • August 10, 2020 Page 2 of 5 Ted Crane said that he was in favor of the amendments to the Zoning Ordinance, that he was neutral on the LGS-1 retention schedule resolution, noting that just because there is minimum retention that, because everything is digital, that retention could be longer than 4 months for recordings. Crane mentioned that there are four individuals who live in Danby who would qualify for the Highway Superintendent, and hoped that the proposed Local Law would not go any further than the Public Hearing. Ronda Roaring said that the federal government now has a policy of documents being written in plain English, and that words such as “severability ” was a problem since no one knows what it means. She wishes for the TB to put out, before the public hearing, a plain English explanation about what the changes to the Zoning Ordinance would mean—what is being suggested and why? Roaring also said that the Hunt contract makes her nervous and that she would rather the Town not enter into this contract because she does like the idea of portions of the hamlet being converted into housing. In response to her concern, she was told that the spending money was allocated in a grant, and that this contract is following through on the decision. This grant is in its implantation stage and this resolution is authorizes the Town to enter into a contract with the Hunt engineering firm. Legislator’s Report Dan Klein reported that on August 12 that there would be a Legislature meeting discussing the tax cap and setting the public hearing for it. Klein suggested that Danby may want to set a Public Hearing for the Tax Cap in advance as well. Klein also reported that the County furloughed 80 employees until August 1 st, and that during that time, the employees benefitted from the Unemployment ($600/week) from the CARES Act. Klein added that this action saved the County money . Klein also reported that he voted against an action furloughing 17 employees until the end of the year. Klein felt that this action was premature, because in this case it would hurt th eir income. Klein reported that the there was a projected a five to ten million dollar shortfall for Tompkins County. The 2021 budget process has not begun yet, but will roll out on September 8 th for a two -month budget process. Klein added that according to the Tompkins County Department of Health statistics that as of July 20th, there were six positive cases of COVID-19 in Danby. He previously reported that as of June 1st that there were four reported positive cases of COVID-19 in Danby. Lastly, Klein said that he has discussed the issue of Broadband access with Gagnon, Planner Report Town Clerk Report Warrants GENERAL FUND-RESOLUTION NO. 77 OF 2020 #272-282 for a total of $6,932.84 Moved by Connors, Second by Ulinski. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon HIGHWAY FUND-RESOLUTION NO. 78 OF 2020 #144-151 for a total of $4,027.86 Moved by Connors, Second by Holahan. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon WEST DANBY WATER DISTRICT FUND-RESOLUTION NO. 79 OF 2020 #23-25 for a total of $950.00 Moved by Connors, Second by Ulinski. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon Flag Policy Review Workplace Violence Policy and Procedures RESOLUTION NO. 80 OF 2020- TO ACCEPT THE WORKPLACE VIOLENCE POLICY AND PROCEDURE Now Therefore, Be It Resolved , that the Town Board of the Town of Danby accepts th e Workplace Violence Policy and Procedures which allows the Threat Assessment Team (TAT); to be determined, to proceed to Draft-Pending Board Approval Town Board_Minutes_20 200810 • August 10, 2020 Page 3 of 5 Moved by Ulinski, Second by Connors. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon Setting Date for Public Hearing for Proposed Local Law Amending Zoning Ordinance (add discussion) Resolution Number 81 of 2020 To set a public hearing to consider amendments to the Town of Danby Zoning Ordinance with regard to Special Permit considerations 1. Whereas the Town of Danby Zoning Ordinance should provide as much clarity and certainty to the land use review process for all people using the code including the land use review boards, applicants, residents, elected officials, and town staff; and 2. Whereas Zoning Ordinances in New York State typically have clearly defined lists of permitted and specially permitted uses; and 3. Whereas the statement "Other uses not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the purposes of the zone", which appears in multiple sections of the Zoning Ordinance (Sections 600-3n, 601-3b, 602-3d, 603-2d(x), 603-3d(x), 603-4d(xiii)) relating to specially permitted uses, is not typical language for Zoning Code; and 4. Whereas this language creates ambiguity and confusion for the Planning Board, applicants, and members of the public participating in land use review processes. Specifically, when determining if a proposed use is “similar in nature” and therefore, per the sections noted above noted, specially permitted or if a proposed use is not similar in nature, not permitted, and therefore subject to a use variance; and 5. Whereas the Town Attorney has recommended the removal of these sections of the Zoning Ordinance; and 6. Whereas the Planning Board recommended in Resolution #15 of 2020, passed June 16, 2020, that the Town Board remove Sections 600-3n, 601-3b, 602-3d, 603-2d(x), 603-3d(x), 603-4d(xiii) from the Town of Danby Zoning Ordinance; and 7. Whereas the proposed zoning amendments requires review pursuant to the State Environmental Quality Review Act (SEQRA) and referral to Tompkins County pursuant to New York State General Municipal Law Section 239. 8. Now Therefore, be it Resolved that the Town Board of the Town of Danby sets a public hearing pursuant to Section 264 of the Town Law of the State of New York on Monday, September 14, 2020 at 7PM to consider the proposed amendments to the Town of Danby Zoning Ordinance. Moved by Gagnon, Second by Connors. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon Highway Department Diagnostic Software-Amendment to Resolution No. 64 of 2020 RESOLUTION NO. 82 OF 2020-TO AMEND RESOLUTION NUMBER 64 TO CLARIFY THE INTENT TO PAY FOR A SUBSCRIPTION TO THE DIAGNOSTIC SOFTWARE SERVICE AND NOT A PURCHASE OF SOFTWARE Whereas: the Highway Department does the maintenance on six International trucks. The engines are computerized and diagnostics must be performed to detect problems. Whereas: it is necessary to upgrade and subscribe to the computer software for detection of problems for these systems and the upgrade was not budgeted for 2020. Resolved, the Town Board approves the renewal of the subscription of the computerized diagnostic software from Stadium International Trucks, Inc. for the period of August 17, 2020 to August 17,2021. The cost of this subscription is $1,855.00 and will be paid out of the fund balance of the Highway Fund. Moved by Ulinski, Second by Connors. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon Highway Department Garage Doors-Authorizing Putting on Auction Website RESOLUTION NO. 83 TO APPROVE PUTTING THE OLD GARAGE DOORS UP FOR AUCTION THROUGH AUCTIONS INTERNATIONAL Draft-Pending Board Approval Town Board_Minutes_20 200810 • August 10, 2020 Page 4 of 5 Whereas: the garage doors were changed at the Highway Department and the old doors have been stored for disposal. Resolved, the Town Board gives permission for the Highway Superintendent to sell the old garage doors at auction through Auctions International. No minimum amount will be set. The Town Board gives permission for the Highway Superintendent to accept the highest bid. Moved by Connors, Second by Ulinski. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon Setting a Public Hearing Date to Consider Expanding the Residency Requirements for the Highway Superintendent of the Town of Danby (add discussion) RESOLUTION NO. 84 OF 2020 - TO SET A PUBLIC HEARING TO CONSIDER EXPANDING RESIDENCY REQUIREMENT FOR THE HIGHWAY SUPERINTENDENT TOWN OF DANBY LOCAL LAW NO. __ OF 2020 RESIDENCY REQUIREMENTS OF HIGHWAY SUPERINTENDENT OF THE TOWN OF DANBY Be it enacted by the town board of the Town of Danby, in the County of Tompkins, as follows: SECTION 1. PURPOSE & SUPERSESSION: Local Law # __ of 2020 is a local law to supersede certain requirements of the Public Officers Law §3, Town Law § 23(1), and other laws of the State of New York as respects residency requirements of the Highway Superintendent of the Town of Danby. SECTION 2. AUTHORITY: This local law is adopted pursuant to Municipal Home Rule Law (“MHRL”) §10[1][ii][a][1] that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this local law recognizes that the State Legislature amended Public Officers Law, §3 converting he same from a general to a special law, thereby allowing towns to set reasonable residence qualifications for public officers, in accordance with the requirements of the MHRL. SECTION 3.RESIDENCY REQUIREMENTS FOR TOWN OF DANBY HIGHWAY SUPERINTENDENT: The Highway Superintendent, whether elected or appointed, need not be a resident or elector of the Town of Danby provided, however, that such person (or candidate), if not a resident of the Town of Danby, shall reside within an adjoining municipality, whether or not such municipality is located within Tompkins County . SECTION 4. INCONSISTENCY: All other local laws and ordinances of the Town of Danby that are inconsistent with the provisions of this local law are hereby repealed; provided however, that such repeal shall only be to the extent of such inconsistency, and in all other respects this local law shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this local law. SECTION 5. SAVINGS: If any clause, sentence, paragraph, word, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal, or invalid, such judgment shall not affect, impair, or invalidate the remainder, thereof, but shall be confined in its operation to the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgement shall have been rendered. SECTION 6. EFFECTIVE DATE: This local law shall take effect immediately upon adoption. Now Therefore, Be It Resolved , that the Town Board of the Town of Danby sets a public hearing pursuant to § 247 of the General Municipal Law of the State of New York on Monday, October 12, 2020 at 7PM via Zoom Videoconferencing to consider a Local Law to expand the residency requirements of the Highway Superintendent. This resolution was amended from the previous date of September 14, 2020, to give more time for outreach to Town Board in order for the Town of Danby residents to fully engage in the Public Hearing in question. Moved by Gagnon, Second by Holahan. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon Authorization to execute a contract with Hunt Engineers (add discussion) Draft-Pending Board Approval Town Board_Minutes_20 200810 • August 10, 2020 Page 5 of 5 Resolution Number 85 of 2020-Authorization to execute a contract with Hunt Engineers for consulting services to advance the Municipal Housing Affordability Grant 1. Whereas, in Resolution 66 of 2019, passed on October 7, 2019, the Town Board of the Town of Danby authorized an application to Tompkins County for up to $10,000 in grant funding to support an investigation of ways affordable hamlet density could be facilitated. It is understood that the Town will match the grant amount with a 10% contribution in money or in-kind services; and 2. Whereas, the Tompkins County Legislature approved the $10,000 grant on November 7, 2019; and; 3. Whereas, in Resolution 68 of 2019, passed on December 9, 2019, the Town Board of the Town of Danby authorized the Town to enter into a contract with Tompkins County for the grant monies referenced above and; 4. Whereas, the Town’s in-kind contribution will take the form of a portion of the Town Planner’s regular work duties; and 5. Whereas, a Request for Qualifications (RFQ) was issued June 17, 2020 with a deadline of July 10, 2020, and Hunt Engineers was the most qualified respondent; 6. Now Therefore, be it resolved, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign a contract with Hunt Engineers for an amount not to exceed $10,000 to perform work detailed in the Scope of Services included in the Request for Qualifications (attached). Moved by Ulinski, Second by Connors. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon Budget Process (add discussion) Resolution Number 86 of 2020-SETTING A BUDGET SESSION TO BE HELD ON SEPTEMBER 14, 2020 at 6pm Resolved, th at the Town Board schedules a meeting at 6pm on September 14, 2020 to hold a Budget Session to discuss details of the 2021 Budget. This meeting will be held before the Regular Meeting of the Town Board at 7pm on September 14, 2020. Moved by Gagnon, Second by Ulinski. The motion passed. In Favor: Connors, Holahan, Ulinski, Gagnon Additional Notes (add discussion) Adjournment The meeting adjourned at 8:25 pm. ______________________________________ Alexandra Pfeifer, Town Clerk