HomeMy WebLinkAboutTownBoard_Minutes_20150309Danby Town Board
Minutes of Regular Meeting
March 9, 2015
Present:
Supervisor: Ric Dietrich
Councilpersons: Rebecca Brenner, Leslie Connors, Jim Holahan, Jack Miller
Others Present:
Town Clerk Pamela Goddard
Bookkeeper Laura Shawley
Legislator Dan Klein
Public Ted Crane, Ronda Roaring, Garry Huddle, Ted Melchen, Naomi and Bob
Strichartz, David Hall, Pat Woodworth, Charlie Tilton, Jim Rundle.
Short Reports - Town Hall Building Maintenance
Holahan reported on a roofing problem related to ice dams, on behalf of Code Officer Cooper. An
estimate/recommendation work of work needed and cost of repairs has been received from the com-
pany which had previously done insulation. They have recommended insulating a six foot section and
adding some venting in the attic space.
Clerk Goddard reported on a quote received related to fixing a problem with frozen pipes in the
bathrooms, on behalf of Code Officer Cooper. The estimate of roughly $2,500.00 is for running con-
duit and heat tape with an automatic disconnect system. The Board agreed to Cooper’s suggestion that
a second quote be solicited.
Privilege of the Floor
Naomi Strichartz spoke to clarify her vote, as a Planning Board member, regarding the proposed
changes to PDZ #10 on Gunderman Road. She voted “yes” on the recommendation to send the draft
local law to the Town Board. Strichartz reported that if she had it to do over she would now vote
“no.” Strichartz supported the idea of having a committee to review the proposed use changes in PDZ
#10 and asked that there be sufficient neighborhood representation on that committee.
Crane informed the Board and public of upcoming events sponsored by the Danby Community
Council - “Pi Day” Saturday, March 14, 2015 and a concert by the Grady Girls on Sunday, March 15.
He also asked for further clarification about Strichartz’s report of the January PB votes regarding the
Gunderman Road PDZ.
Bob Strichartz expressed concerns about proposed changes to the Guderman Road PDZ, specifi -
cally related to potential noise and traffic related to outdoor auctions. He asked that there be more
specificity as to uses and their impacts in the final document.
Pat Woodworth expressed her concern about the wording of the current draft LL regarding zoning
changes to the Gunderman Road PDZ #10. She hoped and assumed that the final draft of the law
would take into consideration the comments made by the Town Attorney during the special meeting
on March 2.
Jim Rundle clarified his Planing Board vote regarding the Gunderman Road PDZ #10, stating that
the PB was concerned about mitigating past impacts. He stated that it was a mistake to not consult the
Town Attorney prior to a vote on this matter. In his view, the PB vote was to turn the law over to the
TB, as a recommendation with concerns.
Discussion - Gunderman Road Planned Development Zone, Short Action Committee
Responding to questions and comments from Privilege of the Floor, there was an extensive dis -
cussion, regarding the process of review for the proposed law.
Miller asked whether the proper procedure was followed as to the timeline for attorney involve -
ment. Supervisor Dietrich and Clerk Goddard assured him that the procedure followed was proper
and consistent with the passage of other local zoning laws. Members of both the Town and Planning
Boards suggested that, in future, the Town Attorney be brought into the process earlier. Miller com-
mended the Planning Board for its sincere effort in drafting this law.
There was continued discussion regarding whether to establish a Short Action Committee (SAC)
to review the draft local law. Hall expressed his concern that review by a SAC would add unwarrant-
ed time to the process of consideration for the proposed changes. Hall suggested negotiation between
himself, as applicant, and the Town Attorney as a short and effective method of making necessary
revisions. Hall stated that he would, “pick up the tab” for this work. Hall added that he is not opposed
to hiring a planner to advise him.
Dietrich voiced his view that a SAC committee is warranted in order to include neighboring
landowners be participating members. He expressed his concern that, too often, residents feel margin-
alized in the process of zoning decisions. He did not think that review needed to take a long time, but
thought that review should be specific.
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Holahan stated that he was undecided as to whether to establish a SAC. While he initially sup -
ported the idea, he was now leaning in the other direction. He thought that, thanks to the work by the
PB, neighbor input, and advice from the town attorney, the TB had a good idea of what was needed
and could move ahead.
Miller stated that the Board needed to be mindful of whether this was a precedent it wanted to set
for contentious issues. Dietrich responded that this precedent could be a good course of action.
Brenner agreed that, while it is important to keep the project moving, it is important to include
neighbor input regarding concerns. She thought that this would be possible. She supported Hall’s
willingness to hire a planner for assistance. Regarding whether a SAC committee be established,
Brenner suggested that such review by a representative group might help move the project forward in
the long run. While this might slow the process for a while, Brenner thought that there would be ben-
efit in the end. On the other hand, she said that she would be willing to have this be a Town Board
initiative instead.
Connors stated that she could go either way, depending on the majority thought of the Board. She
stated that she has compiled a list of all of the comments and concerns expressed during meetings and
in correspondence. Connors noted that it is important for people to have an avenue for participation.
Connors suggested that no structure may be good enough to capture everyone. She thought that what
is needed is a way to word the law so that it protects neighbors, “into eternity.” After reviewing
Planned Development Zone documents from other municipalities, Connors believes that correct
wording needs to be crafted as to the specific intent of this case. Connors suggested that Code Officer
Beeners and the Town Attorney may be able to do this. If not Beeners, perhaps another planner.
Dietrich asked where the Board stood regarding a message from Code Officer Beeners regarding
specific conditions that need to be met. Members of the Board agreed that these conditions need to be
addressed for the project to move forward.
There was a brief discussion regarding whether SEQR Part 2 was completed. Brenner and others
believe that there are substantial changes, beyond simple wording, required to the zoning change doc-
uments. The cumulative impacts from the proposed changes to allowed uses will have a significant
impact on the PDZ and neighborhood, in Brenner’s view.
A decision regarding a Small Action Committee to review the draft PDZ#10 documents was de -
ferred until the next meeting. Hall asked that there be consideration as to the “finish line” for discus-
sion regarding this project. Brenner advised Hall that it may not be possible to predict an end point at
this time.
Warrants
ABSTRACT #3 OF 2015:
GENERAL FUND
#066-114 for a total of $42,248.26
Moved by Miller, Second by Brenner. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
HIGHWAY FUND
#025-051 for a total $143,561.49
Moved by Connors, Second by Holahan. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
WATER DISTRICT
#006-014 for a total of $1,457.46
Moved by Brenner, Second by Miller. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Water District Improvements Grant Voucher
Clerk Goddard presented a voucher related to the West Danby Water District grant for town board
approval.
RESOLUTION NO. 40 0F 2015 - AUTHORIZATION TO PAY - WATER DISTRICT GRANT
Resolved, that the Town Board of Town of Danby approves special payment of an invoice related to the OCR
WDWD Improvement Grant:Moody & Associates; equipment, labor, and materials related to installing a pump
and submersible motor for the West Danby Water District. The total of this invoice, $14,641.31, to be paid out of
a dedicated checking account for this purpose.
Moved by Brenner, Second by Miller. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
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Approve Minutes
The minutes of January 12, 19 and February 2 were moved separately.
RESOLUTION NO. 41 OF 2015 - APPROVE MINUTES
Resolved, that the Town Board of Town of Danby approves the minutes of January 12, 2015.
Moved by Connors, Second by Holahan. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
RESOLUTION NO. 42 OF 2015 - APPROVE MINUTES
Resolved, that the Town Board of Town of Danby approves the minutes of January 19, 2015.
Moved by Connors, Second by Holahan. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Connors asked for a change to the minutes of February 2. In the section on a public hearing regarding
the Gunderman Road Planned Development Zone, Connors suggested removing one sentence and
expanding another for the sake of clarity. Clerk Goddard agreed to these changes.
RESOLUTION NO. 43 OF 2015 - APPROVE MINUTES
Resolved, that the Town Board of Town of Danby approves the minutes of February 2, 2015 as amended.
Moved by Connors, Second by Holahan. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Legislator’s Report
Klein reported on a pending report from the Tompkins County Sheriff’s office regarding the
Cady/SWAT Team event on Hornbrook Road, Dec. 30-Jan 3. A meeting is scheduled for Monday,
March 16 at 4pm. Klein informed the Board that he had advised the Public Safety department that this
had the potential to conflict with a regularly scheduled Town of Danby Town Board meeting. He has
proposed that the Sheriff’s office present its report and then have public questions and comment.
(Normally, the opposite procedure is used at County level meetings.) Klein will keep the Board in-
formed about the timing and format of this meeting.
Applicant to Conservation Advisory Council
Clerk Goddard distributed a recently received application from Don Schaufler to the Conserva -
tion Advisory Council to the Board. CAC Chair, Joel Gagnon, has been advised of this applicant. The
CAC has been communicating with him and has encouraged him to apply. Schaufler is a forester with
an interest in preserving wood lots as open space.
Roaring provided information that he has just retired as the Director of the Arnot Forest. She sug -
gested that he would very useful as part of a tree inventory and tree identification in Danby.
There was preliminary discussion on the Board regarding this applicant. Connors suggested that
Board members have discussions with members of the CAC regarding this application. Klein, a
member of the CAC, went on record as being in favor of this applicant. The Board may act on this
application at its next meeting or during its first meeting in April.
Appoint Local Advisory Board of Assessment Review
Clerk Goddard reminded the Board that representatives need to be appointed for the Local Advi -
sory Board of Assessment Review. Connors volunteered to contact Gould Colman and Tom Seaney as
to whether they are willing to serve again in 2015. There have been no other applicants for the
LABAR. Action on this appointment should take place at the next TB meeting.
Contracts
Brenner reported on discussion with Julie Clougherty regarding a contract with the Danby Com -
munity Council. Brenner described this as a productive discussion, using the Danby Community
Council contract as a bridge toward a better working relationship between the DCC and TB. Repre-
sentatives from the DCC will attend the April 13 meeting, to continue this discussion.
Clerk Goddard reported that there are no contracts on file in the Town Hall between the Town of
Danby and Digital Towpath and webmaster Jordie VanHam. Holahan volunteered to research this.
Use of Town Hall Meeting Space
Brenner stated that the request is permanently tabled.
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Town Gifting
Dietrich made a short report as to the legal status of the town making a contribution to the Danby
Community Park Association. The town now has a document outlining services to the town which
indicate fair value for money being given. A more formal contract will be needed for 2016.
MOTION - APPROVE EXPENDITURE OF FUNDS
Moved, that the Town Board of Town of Danby approves the expenditure of funds, as authorized in the 2015
Town of Danby Budget, to the Danby Community Park Association.
Moved by Brenner, Second by Dietrich. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Additional Discussion - Gunderman Road PDZ #10
Holahan suggested sending Connors’ list of concerns to the Town Board and other interested par -
ties. This will be done. Dietrich referenced the list of requirements, still pending, from the Code Of-
fice. If these requirements are not met, Dietrich questioned whether the project can move forward. He
encouraged the Board to review all of these concerns and be prepared to decide how to proceed at its
next meeting. Holahan suggested that concerns form both lists be presented to Hall with a request to
have them addressed by his planner.
Adjournment
The meeting was adjourned at 9:10 pm !!!!!!!!!!!!
____________________________________
Pamela Goddard, Town Clerk
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