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Home My WebLink About2022-06-07 Town Board Meeting Minutes Meeting Minutes Roll Call: Town Board Joel Gagnon, Supervisor Leslie Connors Katharine Hunter Sarah Schnabel Patricia Woodworth Deputy Highway Superintendent Jack Shawley Town Planner David West Code Enforcement Off icer Steve Cortright Town Bookkeeper Laura Shawley Recording Secretary Janice Adelman, Town Clerk 1. Meeting Called to Order at 1803 by Supervisor Gagnon 2. Public Hearings 2.1. Proposed Law to Expand Options for Remote Attendance at Videoconference Meetings Opened at 18:04 All those who submitted written comments or spoke at the hearing: In favor Against With Suggestions Ted Crane Hearing closed at 18:06 2.2. Proposed Change to Zoning Law to Allow Light Industrial Uses in Commercial Zones C Mary Ann Barr 2021 T he Town of Danby, New York 1830 Danby Road, Ithaca, NY 14850 https://danby.ny.gov Town Board Regular Meeting Tuesday 7 June 2022 +1-607-277-4788 | townboard@danby.ny.gov Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM Opened at 18:06 All those who submitted written comments or spoke at the hearing: In favor Against For Clarifications Ronda Roaring Kim Nitchman Ted Crane Hearing closed at 18:15 2.3. Proposed Law to Adopt NYStretch Energy Code Opened at 18:15 All those who submitted written comments or spoke at the hearing: In favor Against To Suggest Changes Ted Crane Hearing closed at 18:20 3. Additions/Deletions to Agenda 3.1. Highway Proposal to Further Commit CHIPS Funds 3.2. Amend Town Board Rules of Order Liming Town Board Meengs to 2 hours 3.3. Schedule Addional Public Hearing on Stretch Energy Code? 4. Privilege of the Floor 4.1. Ted Crane 4.2. Leslie Connors 5. Correspondence — none 6. Announcements — none 7. Reports & Presentations 7.1. Town Planner 7.2. Code Enforcement Report May 2022 BUILDING PERMITS ISSUED Value Fee New Residential Construction XX Durfee Hill Rd – single family dwelling 300,000 $377.00 Renovations/Other 8 West Miller Rd – new shingle roof 21,325 $50.00 75 Nelson Rd – roof top solar PV 31,488 $0.00 Page 2 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM 2889 West Danby Rd – 30 X 30 pole barn garage 29,300 $67.60 1870 Danby Rd – tear off steel roof and replace w/ new shingle roof 20,190 $50.00 640 Troy Rd – 24 foot above ground pool 15,000 $45.00 53 Michigan Hollow Rd – 30 X 40 pole barn garage 45,000 $120.00 246 Updike Rd – replacement windows 4,804 $50.00 2554 West Danby Rd – foundation repair 7500 $25.00 MONTH TOTALS 474,607 $784.60 YTD TOTALS 1,040,544 $2,571.10 PREVIOUS YTD TOTALS 565,937 $1,786.50 CERTIFICATES OF COMPLIANCE None CERTIFICATES OF OCCUPANCY None ADDITIONAL ACTIVITY 16 Construction inspections 1 Follow up Fire Safety Inspection – Waldorf School Meet with service tech. from Sentry alarms about adding a panic button in the library Meet with 9 people in the office about up coming projects In-ser vice training – 5 hours 2 hrs. Soils and Foundations 3 hrs. Fire Safety inspections in Group M Occupancies 45 Hours for the Town of Caroline 7.3.Town Clerk May 2022 Report Pursuant to Section 27, Subd 1 of the Town Law, I hereby make the following statement of all fees and moneys received by me in connection with my office during the month stated above, excepting only such fees and moneys the application and payment of which are otherwise provided for by Law: Dept Budget Line Description Qty Total Monies Collected External Agency Remit to Agency Remit to Danby Gen Fund Clerk A1255 DECALS 2 $35.00 NYS DEC $33.07 $1.93 Marriage Licenses 0 $0.00 NYS DoH 0.00 $0.00 Page 3 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM Marriage Transcripts 0 $0.00 — 0.00 $0.00 A1550 Impoundment Fees 1 $75.00 SPCA 0.00 $75.00 A2544 Dog Licenses 11 $132.00 NYS A&M $11.00 $121.00 Code A2555 Building Permits 10 $865.60 — 0.00 $865.60 Planner A2110 Zoning Appeals 0 $0.00 — 0.00 $0.00 A2115 Planning Fees 2 $270.00 — 0.00 $270.00 A2655 Subdivisions 1 $170.00 — 0.00 $170.00 Misc A2770 Postage Stamp 1 $0.53 — 0.00 $0.53 Grand Totals $1,548.13 $44.07 $1,504.06 STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF DANBY I, Janice Adelman, being duly sworn, say that I am the Clerk of the Town of Danby and that the foregoing is a full and true statement of all Fees and moneys received by me during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and sworn this 7th day of June 2022. —Janice Adelman 7.4. Deputy Highway Superintendent Jack Shawley 8. Consent Agenda 8.1. Minutes 8.2. Warrants 8.2.1. General Fund Abstract 11 Vouchers 163–175 for $10,313.93 8.2.2. Highway Fund Abstract 11 Vouchers 97–107 for $14,065.88 8.2.3. Water District Fund Abstract 11 Voucher 61 for $142.80 Resolution 131 of 2022 To Amend Voucher 175 (We Mow) by removing the Fuel Recovery Fee (totaling $33.38) as it was not in the approved contract, resulng in total claims for Gen Fund Abstract 11 for $10,280.55 Moved By:Schnabel Seconded By:Connors Vote: Councilperson Aye Nay Abstain Page 4 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 131 approved Resolution 132 of 2022 To Approve Remaining Consent Agenda Abstracts for Highway and Water Moved By: Gagnon Seconded By: Schnabel Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 132 approved 9. New Business 9.1. Highway Proposal to Further Commit CHIPS Funds Resolution 133 of 2022 To Agree to Spend Town Highway Funds Request #4 of 202 Moved By: Connors Seconded By Schnabel Pursuant to the provisions of Secon 284 of the Highway Law, we agree moneys levied and collected for the repair and improvements of highways, and received from the state for repair and improvement of highways shall be expended as follows: Page 5 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM General Repairs 1. A sum not to exceed $100,000 shall be spent on the reconstrucon of Comfort Road from Gunderman Road to Lieb Road. The road will be cold mix paved, the shoulders will be pug milled, and a double coat of chip seal will be applied. Funding for this project will come from the CHIPS allotments to the Town of Danby from New York State. $39,875.44 will come from the new CHIPS program called Pave Our Potholes (POP) and the remaining expense will come from the original CHIPS program. EXECUTED THIS 7th DAY OF JUNE, 2022 Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resoluon 133 approved 9.2.Resolution 134 of 2022 To Amend the Town Board Rules of Order to Enact a Two Hour Stop to Town Board Meetings With Option to Extend Moved By: Schnabel Seconded By: Connors Whereas, the Town Board agrees that the Board should aempt to conduct its business within a reasonable me frame, Be It Resolved, that "Secon 2.1."2.1 will now read as follows: Regular meengs of the Town Board will occur at least monthly. Specific dates and mes for regular monthly meengs will be voted upon by resoluon at the annual organizaonal meeng. Board meengs shall conclude aer two hours, subject to extension by the Board. Vote: Councilperson Aye Nay Abstain Page 6 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM Connors X Hunter X Schnabel X Woodworth X Gagnon X Resoluon 134 approved 9.3. Schedule Additional Public Hearing on Stretch Energy Code? 9.4. Action on Stretch Energy Code tabled for next public hearing and meeting Resolution 133 of 2022 To Schedule Public Hearing on Adopting NYStretch Energy Code for 22 June at 6pm Moved By: Gagnon Seconded By: Connors Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 133 approved 9.5.Resolution 134 of 2022 To Pass Local Law # 3 of 2022: A Local Law Allowing Members of the Town Board and Public Bodies of the Town to Participate in Meetings via Videoconference Moved By: Gagnon Seconded By: Schnabel A local law authorizing the Town Board (*or public bodies of the town) to use Page 7 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM videoconferencing technology to participate in public meetings Section 1: Legislative Intent It is the intent of this local law to give the town board (*the town’s public bodies as that term is defined in Public Officers Law § 102) the authority to participate in meetings via videoconference in a manner consistent with the town’s videoconferencing policy and the authority granted in Public Officers Law §103-a. Section 2: Authority This local law is adopted pursuant to Public Officers Law § 103-a which expressly authorizes the town board to adopt a local law giving the town board (*public bodies) the authority to participate in meetings via videoconference from locations not accessible to the public so long as a quorum of the board/body participates from locations where the public may be physically present and other conditions are met. Section 3: Videoconferencing for Public Meetings The Town Board of the Town of Danby hereby authorizes members of the town board (*all members of the town’s public bodies) to participate in meetings using videoconferencing technology in a manner consistent with Public Officers Law § 103-a and the town’s videoconferencing policy adopted by the town board. Section 4: Severability If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5: Effective Date This Local Law shall take effect immediately upon filing with the New York State Secretary of State. Page 8 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 134 approved Resolution 135 of 2022 To Adopt Videoconferening Policy Moved By: Schnabel Seconded By: Gagnon A. Purpose To establish guidelines and minimum requirements for the use of videoconferencing technology to participate in the meetings held by Town public bodies, as defined in Public Officers Law §102. B.Background New York State suspended certain requirements of the Open Meetings Law to permit public bodies to meet and conduct town business via videoconferencing platforms and to prohibit in-person attendance during the 2020-2022 COVID Pandemic/State of Emergency. In April of 2022, Gov. Hochul signed Chapter 56 of the Laws of 2022, which added Public Officers Law § 103-a allowing a town’s public bodies to have the option of continuing to use videoconferencing under certain circumstances and conditions, if, among other things, the town board adopts a local law authorizing the use of videoconferencing and a written policy establishing said circumstances and conditions. On ___ 2022, the Danby Town Board adopted such a local law (Local Law XX of 2022). C.Def initions 1.Public Body – All boards, committees, and subcommittees of the Town that meet the definition of “public body” in Public Officers Law § 102. Page 9 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM 2.Meeting – The official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the public body. 3.Quorum – one half of the full membership of the public body, regardless of vacancies or disqualifications to act, plus one. Example: a board with seven members has a quorum of four. Virtual attendance does not qualify for making quorum but does qualify for all other purposes, including voting purposes. 4.Extraordinary Circumstance – events or factors that would preclude a member’s physical attendance at the meeting, e.g.: disability, illness or significant health concerns requiring precautionary actions, caregiving responsibilities, other significant or unexpected factors or events, and events when a member is out of town for a short duration. D.Policy 1.Members of all public bodies are permitted to attend and participate using videoconferencing under extraordinary circumstances with the following requirements: a.A quorum of the public body must be present, in person, in one or more advertised location(s) where the public may attend. A member who is participating from a remote location that is not open to in- person physical attendance by the public may not be counted toward a quorum, but may participate and vote if there is a quorum of members at the physical ocation(s) open to the public, and b.The physical location of any location where members are attending virtually and the public may attend shall be posted on the Meeting Agenda posted to the Town website and distributed to the media, and c.Public notice for any meeting conducted shall include the physical location(s) where the public can attend and/or participate in person, the fact that videoconferencing will be used, where the public can view and/or participate in the virtual meeting, and where any required documents or materials associated with the meeting are posted or available, and d.Any member attending virtually must use video capabilities permitting the public to see, hear and identify them throughout the entire portions of the meeting that the Open Meetings Law requires to be Page 10 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM held in open session, with limited allowance for customary temporary absences from a meeting for personal interruptions such as household noise, coughing, sneezing, stretching, or a biological needs break. e.The public must be able to view via video all meetings which include virtual member attendance and, where public comment or participation is authorized, the public must be allowed to participate by videoconference in real time in a manner that affords the same public participation or testimony as in-person participation or testimony, and f.The minutes of all meetings that include virtual member attendance must indicate who participated virtually, and such minutes must be posted to the Town’s website within two weeks of the meeting (one week for executive session minutes recording an action taken by formal vote) and be transcribed upon request, and g.Each meeting where virtual attendance occurs shall be recorded and such recording must be posted or linked on the Town’s website within 5 business days of the meeting and such recording must remain posted or linked for no less than 5 years, and h.Virtual attendance should be used sparingly with the expectation that members will be physically present at meetings. Members must notify the chair and/ or staff support when they will not be present at a meeting or will need to attend using videoconferencing, and i.All open meetings of public bodies that are broadcast or use videoconferencing shall be accessible to members of the public with disabilities, as provided in Public Officers Law § 103-a. j.This Videoconferencing Public Body Meeting Participation Policy must be conspicuously posted to the Town’s website. E.State of Emergency As provided for in the New York State legislation described in Section B, if a local state of emergency is declared or a NYS disaster emergency declaration is made, all public bodies may meet completely virtually without the need for a quorum in one or more location(s) at which the public may attend, if the Town Board determines that the circumstances necessitating the state of emergency or disaster emergency declaration would affect or impair the ability of the Town’s public bodies to hold an in-person meeting. If the Town Board makes such a determination, all requirements of this Policy, except the in-person Page 11 of 12 Town of Danby Board Meeting Tuesday 7 June 2022 at 6:00PM member participation requirement, must continue to be met while the state of emergency or disaster emergency declaration remains in effect. F.Effective and Termination Dates This Policy shall take effect immediately, and shall automatically terminate if the New York State legislation described in Section 2 expires. Vote: Councilperson Aye Nay Abstain Connors X Hunter X Schnabel X Woodworth X Gagnon X Resolution 135 approved 9.6. Zoning for Commercial C Zones 9.6.1.Town waiting for feedback/comments from County 9.7. Reschedule the Special Meeting to Consider Next Steps Around The Noise Law for 5 July’s Regular town board meeting 9.8. Review Town Levels of Operation 9.8.1.Maintain Level 2 and revisit next month 9.8.2.Plan on meeting at Town Hall for June 22 meeting 10. Discussion of Next Meeting Agenda 10.1. Proposed Law of Zoning Amendment for Commercial Zones C 10.2. Stretch Code Public Hearing in addition to Dog Law and Ravencache Conservation Esaement 11. Meeting Adjourned at 206:16 Submitted by Janice R. Adelman Town Clerk Page 12 of 12