HomeMy WebLinkAboutTownBoard_Minutes_20190204Danby Town Board
Minutes of Public Hearing and Regular Meeting
February 4, 2019, 7pm, Danby Town Hall
Present:
Councilpersons: Leslie Connors, Ric Dietrich (Supervisor), Jim Holahan, Jack Miller, Matt
Ulinski
Others Present:
Town Clerk Pamela Goddard
Planning CJ Randall
Bookkeeper Laura Shawley
Highway Jack Shawley
Justices Garry Huddle, Theresa Klinger
Public Ted Crane, Ronda Roaring, Bruce Richards, Susan Franklin, Greg Nelson, Mark
Silver, Sarah Schnable, Steve Woinoski.
Regular Meeting Opened at 7:02pm
Privilege of the Floor
There were no comments under Privilege of the Floor.
Continue Public Hearing
PLEASE TAKE NOTICE that the Town Board of the Town of Danby will hold the following Public Hearing on Monday,
JANUARY 14, 2017 at the Danby Town Hall, 1830 Danby Road (aka Route 96B): 7:00 p.m., to hear all comments of
interested persons related to considering adoption of Town of Danby Local Law No. 1 of 2019 “A LOCAL LAW
AMENDING THE ZONING ORDINANCE OF THE TOWN OF DANBY AMENDING LOCAL LAW NO. 3 OF 2007,
PLANNED DEVELOPMENT ZONE 19, FOR ‘WHITE HAWK ECOVILLAGE’”!
This Zoning amendment corrects and clarifies the permitted principal uses in the existing Planned Development Zone
19 in order to match the Comprehensive Plan objectives of encouraging development in and near the Central Danby
Hamlet. The White Hawk Ecovillage Planned Development Zone enables and guides development of a clustered
mixed-use community which allows construction of 30 dwelling units and accessory uses along with a maximum of
15,000 gross square feet of non-residential uses and a maximum 5,000 square foot community center.
No written correspondence was received regarding this hearing.
Ted Crane expressed concern regarding singular vs plural wording in the allowed special uses and
asked for clarification. In one place there seemed to be a single instance of an allowed use (restaurant or
tavern) and in other places multiple instances of the same allowed use.
Public Hearing Closed at 7:07
Consider Adoption of Local Law #1 of 2019, “A Local Law Amending the Zoning
Ordinance of the Town of Danby Amending Local Law No. 3 of 2007, Planned
Development Zone 19, For ‘White Hawk EcoVillage’”
Connors directed several questions to Planner Randall and the applicants from White Hawk
EcoVillage. She asked whether the name in the title should be “White Hawk EcoVillage Community” as
this is the formal name of the organization. Planner Randall advised that it is best practice to avoid
reference to ownership in a zoning amendment. Connors asked for clarification regarding permitted
accessory uses (Section 3e). Randall noted that non-residential permitted accessory uses are limited in
number of square feet. Connors asked for a definition of “ancillary” in relation to permitted live
Town Board_Minutes_20190204 • Wednesday, February 20, 2019 Page ! of !1 5
entertainment. Randall gave a definition of secondary, in support of a primary. Connors asked whether
this means there is no allowed live music? Randall stated that the applicants were specific in not wanting
to allow any ancillary live music in any case.
Dietrich asked for clarification regarding the question raised related to singular or plural allowed
special uses, whether these are valid areas for correction. Randall stated that the idea was to allow a
certain degree of flexibility in special use permitting. At the same time, there would be a clear limitation
on the gross square footage allowed. She stated that the Planning Board and applicants found this
agreeable. The limitations in this LL set a clear threshold for full buildout, where there had been none
previously. Any such requests require site plan review through the Planning Board. There was discussion
as to the approximate size of 15,000 square feet. Randall stated that this is about the size of a Rite-Aid
store or a Chili’s restaurant. Randall noted that “formula retail” in the form of fast food or drive through is
not permitted, or desired, in this PDZ.
Ulinski asked whether portions of the property could be leased to an outside agency? Randall stated
that they could. This would depend on the covenant and bylaws of the EcoVillage.
Connors asked whether there is a difference between building and structure height, and whether a
sentence related to structure height was redundant? Both Randall and the applicants noted that structure
could relate to something like a water tower, while buildings are generally residential. No change was
made to the text of the law.
Connors asked a final question regarding conditions leading to potentially reverting the road/
driveway to the Town. There was a discussion of the process, should White Hawk EcoVillage choose to
ask the Town to take over the road. The applicants confirmed that the road was built to required
specifications from the Highway and Fire Departments, and that the NYS Dept. of Transportation
approved the bridge. There is no current request to have the Town take over the White Hawk road.
RESOLUTION NO. 27 OF 2019 - TOWN OF DANBY LOCAL LAW NO. 1 OF 2019 – A LOCAL LAW AMENDING THE ZONING
ORDINANCE OF THE TOWN OF DANBY AMENDING LOCAL LAW NO. 3 OF 2007, PLANNED DEVELOPMENT ZONE 19,
FOR ''WHITE HAWK ECOVILLAGE"
Whereas an Application has been submitted for proposed rezoning of the existing Planned Development Zone 19,
tax parcel numbers 7.-1-68 and 7.1-1-1 through-32 by Greg Nelson and Mark Pruce, Applicants, on behalf of Seven
Circles, LLC, Owner; and
Whereas 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) and Section IX of Local Law 2
of 1991 Environmental Review of Actions in the Town of Danby, require that a Lead Agency be established for
conducting environmental review of projects in accordance with local and state environmental law; and
Whereas, the Town Board, being the local agency which has primary responsibility for approving the action, did on
October 15, 2018 declare itself the Lead Agency for the environmental review; and
Whereas this action was determined to be a Type I Action under the Town of Danby Environmental Review of Actions
Section V 1(a) and a Type I Action under the State Environmental Quality Review Act Section 617.4(b)(2), both of
which require environmental review; and
Whereas, the Tompkins County Planning Department, pursuant to §239-l, -m, and -n of the New York State General
Municipal Law determined the proposal has no negative inter-community, or county-wide impacts; and
Whereas this Board, acting as Lead Agency in environmental review, did on October 15, 2018 reviewed and
accepted as adequate: a Full Environmental Assessment Form, Part 1 and Part 2, respectively, prepared by Lead
Agency and Town Planning staff; and
Whereas a duly noticed public hearing was held on January 14, 2019 and any public comments were carefully
considered by the Town Board;
Now Therefore, be it
Resolved the Town Board adopts this local law and 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 Dietrich, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Town Board_Minutes_20190204 • Wednesday, February 20, 2019 Page ! of !2 5
Warrants
ABSTRACT #2 OF 2019:
GENERAL FUND
#23-63 for a total of $88,877.03
Moved by Ulinski, Second by Holahan. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
HIGHWAY FUND
#4-37 for a total $189,799.95
Moved by Holahan, Second by Miller. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Approve Minutes
MOTION - APPROVE MINUTES
Moved, That the Town Board of the Town of Danby approves the minutes of January 7 and 14, 2019.
Moved by Ulinski, Second by Dietrich. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Executive Session
Supervisor Dietrich informed the Board that the Town Justices had asked for an executive session.
MOTION - ENTER EXECUTIVE SESSION
Moved, that the Town Board of the Town of Danby enters executive session to discuss a personnel matter about a
particular person.
Moved by Dietrich, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
OPEN EXECUTIVE SESSION AT 7:30
CLOSE EXECUTIVE SESSION AT 7:55
Change Court Clerk from Salaried to Hourly Pay
There was a discussion regarding a Court request to change the method of payment for Court Clerks
from salaried to hourly rate. Ulinski asked whether there needed to be an hourly limit on this position?
Laura Shawley responded that this will be posted at a minimum of 12 hours per week. No maximum
number of hours was mentioned. Justices Klinger requested that the resolution be worded in such a way
that the pay increase is based on performance. This was agreed to.
RESOLUTION NO. 28 OF 2019 - CHANGE COURT CLERK POSITION FROM SALARY TO HOURLY
Resolved, That the Town Board of the Town of Danby changes the position of Court Clerk from a salary position to
an hourly position. The position’s hourly status will begin in March of 2019. The hourly rate will be as follows: $20.00
per hour for the first 90 days, $22.00 per hour for the next 90 days, $24.00 after this 180 day period. All stated salary
increases are dependent on performance review.
Moved by Dietrich, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Town Board_Minutes_20190204 • Wednesday, February 20, 2019 Page ! of !3 5
Highway Department Report
Bookkeeper Shawley made a report regarding moving the current offices in the Highway Department
building from a small space to a larger, more suitable location. The move requires several areas of
remodeling, including updating plumbing for a new bathroom, carpentry. and electrical work involved in
creating much needed new offices. The current office will need only minor changes for use as the staff
break room. These renovations require Board approval for spending funds. Shawley presented a
resolution to this effect, for Board consideration. The requested $17,000 will cover the whole project.
Shawley estimated that the project will come in under the requested amount.
Holahan asked whether any of the improvements will increase energy efficiency. There is no need for
additional insulation. New lighting may be somewhat more energy efficient.
Miller asked whether the upstairs offices need to be handicap accessible for staff and vendors. This is
not a requirement at this time. The downstairs break room can be used for meetings with vendors. If there
is a need for an accessible office for a future employee, this can be created downstairs.
Holahan asked whether this will effect security? Shawley reminded the Board that there is a full
security system with ten cameras in place at the Highway Barns. These can be monitored from the
upstairs offices. The security buzzer will be moved upstairs.
Supervisor Dietrich encouraged the Board to visit the Highway Department to see various
improvements made over the past several years.
RESOLUTION NO. 29 OF 2019 - TO APPROVE FUNDING FOR OFFICE RENOVATION AT THE HIGHWAY BARN
Whereas the Highway Department office star have been dealing with cramped office space for many years. The
need for organization is necessary for efficient work space;
Now Therefore, be it
Resolved, That the Town Board of the Town of Danby approves the amount of $17,000 to be used from the General
Fund fund balance to renovate this space to be used for office functions. This will include plumbing, electrical,
flooring, office spacing, painting, etc.
Moved by Dietrich, Second by Holahan. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Planning Report
CJ Randall and Jack Shawley reported on Bridge NY/Brown Road improvement updates. This is still
in the design stage. A vegetation/tree plan, designed to help retain or restore the stream bed, is hoped to be
in place by the end of February. It is hoped that the project will be completed by the end of October.
Culvert replacement projects on Gunderman, West Jersey, and Brown Roads are on hold pending
review and “scoring” by NYS approved engineers. Installation is waiting for NYS approval. Some of
these projects may take a long time (up to two years) to be completed. Therefore, the Bruce Hill
improvement project is no longer connected to the Brown Road project. Jack Shawley advised that the
Brown Road project can proceed, even though the culvert projects are delayed. Planning is to take on
grant management for these projects.
The Housing Needs Assessment project agreement has been executed by the Town Supervisor.
Randall has been attending mandatory webinars related to this project.
A Joint Boards Scoping meeting planned for February 21, to be held for one hour prior to the
Planning Board meeting.
Randall informed the Board about money available for parks and trails. There are several areas in
Danby, including Jennings Pond and Dotson Park, which may be able to apply for these funds. This is a
relatively small amount, $5,000 per municipality. It might be possible for municipalities to pool these
funds for completion of the South Hill Recreation Way. Board members expressed interest in a
playground area in Dotson Park. There are questions about liability insurance coverage for this. Project
feasibility, for either the trail system or a park playground, will be researched.
Town Board_Minutes_20190204 • Wednesday, February 20, 2019 Page ! of !4 5
Randall informed the Board that there have been applications for farm Cideries and Meaderies in
Danby. The Town has received information about any possible restrictions that may be placed on these
ventures. These applications need site plans, especially related to public access to buildings. Questions of
adequate parking and whether there would be food service would need to be addressed. These measures
are covered, in some ways, by the Agricultural Safety Act and NYS Department of Ag and Markets law.
Supervisor Dietrich expressed concerns about zoning and location. Randall stressed that agricultural uses,
especially in Towns that have “Right to Farm” laws, are exempt from SEQR.
There was a brief discussion regarding an “economic opportunity zone” map released by Tompkins
County Planning. This map includes a small zone along the north side of Yaple Road on the Town of
Ithaca border. Planner Randall noted that development there was unlikely, as this is already a residential
area and not zoned for large scale development. Some of this land is in the Land Trust.
Highway Barns Energy Audit
Holahan brought a proposal for a targeted energy audit in the amount of $3,500, from Taitem
Engineering. Holahan advised the Board that the Town needs to move forward on the energy audit of the
Highway Barns, related to a wide-ranging NYSERDA grant. Holahan, who is also “Senior Energy
Analyst” with Taitem Engineering, presented a proposal for a targeted energy audit. This proposal had
first been transmitted to the Highway Department and Town Supervisor in January. The proposal includes
information about a free energy audit, available to small not-for-profit businesses through NYSERDA.
Details of the Taitem proposal were included in a January 16 letter to the Town Supervisor. This letter and
proposal were distributed to the Board.
Holahan advised the Board that this energy audit would supplement the free audit offered by
NYSERDA. He suggested that this be done when the weather is cold, to best determine where heat loss
occurs. The cost of $3,500 can be covered by the NYSERDA grant.
There was a discussion as to whether there was a need for multiple bids on this project, either through
Town policy or through grant funding requirements. Bookkeeper Shawley recommended that at least two
additional quotes be sought for these professional services. The Board agreed to wait for action on this
item, pending more information. Discussion will continue the next week.
Short Reports - Court, Town Clerk
Clerk Goddard advised the Board that municipalities are looking to make dog impoundment fees
uniform across the County. Additional information will be presented at the next Town Board meeting.
Goddard presented the Clerk’s Report for the month of January, 2019. A total of $1,870.00 was
collected through the Clerk’s office, with $1,833.00 distributed to the Town Supervisor and $37.00 to the
NYS Animal Population Control program. This income was from one Board of Zoning Appeals request,
two planning fees, one building permit, and 29 dog licenses.
Justices Huddle and Klinger reported that the Danby Court will now be held on Tuesday mornings,
starting at 9am. Justice Huddle informed the Board that the Court was awarded a grant for a camera
security system.
Adjournment
The meeting adjourned at 8:50 pm. !!!!
______________________________________
Pamela Goddard, Town Clerk
Town Board_Minutes_20190204 • Wednesday, February 20, 2019 Page ! of !5 5