HomeMy WebLinkAboutTownBoard_Minutes_20190506Danby Town Board
Minutes of Regular Meeting
May 6, 2019, 7pm, Danby Town Hall
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Present:
Councilpersons: Leslie Connors, Ric Dietrich (Supervisor), Jim Holahan, Jack Miller, Matt
Ulinski
Others Present:
Town Clerk Pamela Goddard
Planning John Czamanske
Bookkeeper Laura Shawley
Highway Carl Seamon, Jack Shawley Jr.
Public Ted Crane, Ronda Roaring, Rick Dobson, Susan Franklin.
Meeting Opened at 7:10 pm
Privilege of the Floor
Rick Dobson spoke on several topics. He was upset that he was “kicked off” the Fire Department. He
also stated his interest in developing his property with housing appropriate for senior citizens.
Ted Crane announced upcoming events sponsored by the Danby Community Council, including a
rock and mineral show taking place on Sunday May 10. Crane also encouraged the Board to research
electric vehicle options for its highway fleet maintenance, as cheaper to operate, quiet, and non-polluting.
Warrants
ABSTRACT #5 OF 2019:
GENERAL FUND
#149-218 for a total of $102,627.98
Moved by Ulinski, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
HIGHWAY FUND
#103-146 for a total $69,322.60
Moved by Connors, Second by Holahan. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
WEST DANBY WATER DISTRICT FUND
#9-12 for a total $420.69
Moved by Connors, 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 April 1 and 8, 2019.
Moved by Ulinski, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Stormwater/Drainage District
A resolution authorizing the Town Supervisor to accept title of two parcels of property, designated for
stormwater protection, was prepared by Town Attorney Guy Krogh. Planner Czamankse and Supervisor
Dietrich gave background information on this action. Czamanske distributed a Danby Town Board
resolution from February 2006 in which the Town Board clearly expressed its intention to consider the
establishment of a Drainage District on the lands involved in the Danby CMC development subdivision
(Beardsley Lane). This consideration included the potential conveyance of Stormwater Management
Areas and Easements.
At the time that the Beardsley Lane subdivision was approved in 2004, two parcels were dedicated for
a drainage district. Parcels 2.-1-9.9 and 2.-1-9.14 have been held by the Danby CMC Development Co.
For reasons unknown, further action on creating the Drainage District stopped. In recent years, the CMC
Development Co. has stopped paying taxes on these two parcels. Rather than go into foreclosure, the
Town has been given the option to take title to these parcels.
Czamanske described some of the steps in creating a drainage district. He advised the Board that there
is $10,000 in an escrow account, established in 2006 for this project. This should be enough to pay an
engineer for a study and plan to create a drainage district. This activity had been previously agreed to in
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Resolution No. 25 of 2006, in which is it stated that the “Town Board directs Town staff, the Town
Attorney, and the Town’s consulting engineer to prepare the materials necessary for consideration of
establishment of such a Drainage District, including by not necessarily limited to maps, plans, reports and
proposed resolutions.”
Dietrich made a case for the Town to take title to these, so that the land will be available for a
drainage district in the near future. He was also concerned that the residents of Beardsley Lane may not
know about the long-standing intention for a stormwater collection Drainage District. Dietrich asked
Czamanske for clarification on the action of creating a Drainage District. Czamanske informed the Board
that a hearing should be held after the receipt of an engineer’s study, recommendation, and plan. It is
expected that this study will be complete in 6-8 months time. Action to create the Drainage District will
be subject to Permissive Referendum, if one is triggered by a petition from the residents.
Once the Drainage District is created, the cost of maintenance for the stormwater collection ponds
would be assessed to the properties in the District. In 2006, the annual cost of maintenance was estimated
at approximately $4,000 per year. That cost, according to a draft engineer’s report from 2006, would
include inspection, unclogging outlet pipes, removal of debris, mowing, cattail management, removal of
animal burrows, pond bank erosion and repair, and mosquito treatment. There was some question as to
whether mosquito treatment was still required. This engineering report and estimate will need to be
updated. In the 13 years since the ponds were created, they have collected a considerable amount of silt.
This silt will need to be dredged from the collection ponds. Therefore, the first year maintenance cost will
almost certainly be higher than following years.
There was further discussion regarding informing residents of Beardsley Lane/CMC Development
regarding the final creation of a Drainage District and impacts on taxes in the district area. It is estimated
that 24 properties would be impacted. Information about Drainage District assessment should be included
in the deeds for each property. Dietrich expressed the concern that, while this action needs to be
completed, it’s important to inform the residents of Beardsley Lane that the Drainage District assessment
will be added in future years.
There was further discussion of the action at hand, which is simply taking title of the properties which
are slated for foreclosure. These properties already have storm water ponds. This action would simplify
the future process of following up on the 2006 intention to create a Drainage District. These stormwater
ponds were created with a primary intention to protect against stormwater surge and to protect the
vulnerable Buttermilk Creek. The cost of back taxes can be paid out of the escrow account held by the
Town. These parcels will be tax exempt, once the Town has title to them. Dietrich urged the Board to not
delay this action.
RESOLUTION NO. 41 OF 2019 - DRAINAGE DISTRICT TITLE ACCEPTANCE
Whereas, the County of Tompkins has conducted, or will shortly complete, an in rem tax foreclosure under the Real
Property Tax Law against two parcels of land in the South Point Subdivision development upon which are situated
stormwater ponds and management facilities benefitting the said subdivision, and the County will only sell at tax sale
such lands, or immediately transfer the foreclosed title to the Town for the drainage district or other public purposes,
and the County would not have foreclosed had the Town not agreed to accept such title; and
Whereas, such stormwater parcels were intended to be dedicated to the Town of Danby and a drainage district to be
formed to manage such facilities for the benefit of owners of lots and homes in said subdivision, all as noted in the
resolutions of approval by the Town of Danby Planning Board, in the SWPPP, and upon the filed subdivision plat; and
Whereas, this action, being mainly ministerial and being in furtherance of the subdivision approval and drainage
district review already reviewed and approved by the Planning Board, including having been the subject of a duly
issued negative declaration under SEQRA, does not require any supplemental review under SEQRA as the mere
passage of time has not produced any known likelihood of an increased probability of a moderate or significant
adverse environmental impact, including because a drainage district is intended to manage and ensure the future
functionality of stormwater controls and thus to effect a mandated environmental benefit and not an environmental
harm; and
Whereas, upon due deliberation upon the foregoing and the subject matter of this approval, and in consideration of
the needs of the Town and the to-be-formed drainage district, now therefor be it
Resolved, that the Town Supervisor be and hereby is authorized to accept title to such lands, and to negotiate the
final form of agreement and related deeds and documents of conveyance, each in a manner as he deems in the best
interests of the Town, and that such Town Supervisor be and hereby is further authorized to execute such
agreements, deeds, and any related filing or conveyance instruments by, for, on behalf of, and in the name of the
Town of Danby.
Moved by Ulinski, Second by Connors. The motion passed.
In Favor: Connors, Holahan, Miller, Ulinski, Dietrich
Highway Equipment Proposal
Highway Superintendents Seamon and Shawley brought a proposal to the Board, in consideration of
purchase of a “compact excavator” to replace a 1979 backhoe. The backhoe is well past its life
expectancy. A compact excavator would be a more flexible piece of equipment for use on seasonal roads
and for general ditching and road repair.
Jack Shawley provided further information about the vehicle. This is a track vehicle, and deemed
safer to use than some other heavy trucks. The Highway Department has a purchase price quote of
$94,286 from December 2018. This includes costs for some additional excavating and ditching buckets.
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There was a discussion of how this purchase fits into the multi-year equipment replacement plan,
drafted by the Highway Department during the past year. Replacement of the 1979 backhoe fits into the
plan to gradually update equipment. The new excavator will also expand the flexibility of the fleet. It is
hoped that this will increase productivity as well. In response to a question regarding impact to the
budget, Bookkeeper Shawley said that they are working on a plan to fund this through several different
accounts. The purchase of this vehicle had not been included in last Fall’s plans for the 2019 budget.
Shawley will calculate whether this can be paid for in full from the Highway Fund Balance, thereby
avoiding interest fees.
There was no action taken at this meeting. The Highway Department will bring additional
information and a draft resolution to the following TB meeting.
Dietrich raised a related question regarding the NYS DoT ditching project along highway 96B, and
whether the amount of soil removed would trigger environmental review and permitting. He is concerned
about over ditching along the state highway and other routes and the impacts to soil and water in the
region. Shawley and Seamon reported that the NYS DoT has stated that it is working with Tompkins
County Highway to hydroseed the ditches. Connors supported Dietrich’s goal for more responsible
ditching.
Speed Limits and Speed Limit Enforcement
Supervisor Dietrich informed the Board that he is working on setting up a meeting with the County
Sheriff in order to discuss enforcement of speed limits on side roads in Danby. There have been recent
requests for speed reduction on some roads. There are also complaints regarding speeding on roads that
are currently posted with a reduced speed limit. Dietrich would like a discussion of common goals
regarding traffic enforcement. After this first meeting, there may be an article regarding this topic in the
Danby Area News.
There was some discussion of the relative effectiveness of stop signs and other traffic slowing
measures.
Recreation Partnership Representative, Update
Ulinski reported on a meeting of the Recreation Partnership. The Rec. Partnership will be updating its
bylaws and will be working on the 2020 budget soon. As in past years, Danby residents make good use of
Rec. Partnership programming. $4,500 in scholarships were awarded to Danby residents. This amount of
scholarship funding has not increased in the past 20 years. Ulinski will advocate for an increase in
scholarships for Danby families.
Community Block Development Grant, Update
Holahan and Dietrich reported on the status of this project. The signed agreement is now in hand. The
next step is to complete the environmental review forms. Laura Shawley reported that these are three
quarters done, with the help of Planner John Czamanske. Czamanske stated that these are straightforward,
fillable forms. They should be signed by Danby representatives and sent to the CBDG/Housing Renewal
representative by the middle of May. The Request for Proposals template is in place and will be sent out
once the environmental review forms are submitted.
Clerk Goddard confirmed that the public hearing, previously set for May 13, is cancelled. As per the
CBDG guidelines, such a public hearing is best scheduled when the housing survey is three quarters
complete. At that time there is something to report to the community.
Haefele internet/cable Franchise
Dietrich reported, provided information on a potential franchise agreement with Haefele for South
Danby. This proposal is intended to facilitate cable and internet connections in South Danby, particularly
along South Danby Road. Dietrich informed the Board that the Town Attorney has confirmed that a
municipality may have more than one franchise agreement with cable/internet providers. The Town
Attorney is working on language for an agreement at this time. Lee Haefele will be invited to a TB
meeting to answer questions.
There was general Q&A between residents, Board members, and the supervisor. Haefele has
reapplied for internet buildout funds available from NYS. These will help cover costs for buildout in
South Danby, including Larue, Peters, and parts of South Danby Roads. A franchise agreement allowing
Cable TV services is required.
There were questions about areas that are not covered, for example areas of Coddington Road, Durfee
Hill Road, etc. Dietrich stated that he is still in communication with Spectrum, but that it is doubtful that
there will be complete buildout in this direction.
Timber Harvest Workshop, Update
Dietrich and Ulinski gave general information about an upcoming workshop, Friday May 10, on
Timber Harvest in Danby and Tompkins County. Several members of the TB plan to attend. There was
clarification regarding where this will be held. The first part is at the County Highway building on
Bostwick Road. Second part, site visit in Danby.
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Planning Report
There was a brief update that the Danby Community Park Association has a signed agreement for the
grant to install a “playscape” natural playground. The TCAT bus shelter in the Dotson Park will be
installed by the end of this week. At the same time, there are plans to remove the old bus shelter at the
Fire Station property on Gunderman Road. There was a discussion about the removal of the old shelter.
Some residents, particularly those on Gunderman, still use that Park & Ride. A request will be made to
delay removal for some time, perhaps six months.
John Czamanske reported on various subdivision and potential development requests, including
cidery and meadery proposals. More of his time has been working on the Beardsley Lane Drainage
District project.
Czamanske reported that there was an April BZA “meet and greet” meeting, with a focus on training
needs. Czamanske is working on a training session with the Town Attorney for the Zoning Appeals board.
The Natural Resources Inventory final document was presented to the Planning Board. They will do a
final review of this document in May, with an expected vote to recommend approval by the Town Board.
The recommendation and NRI document will then come to the TB for action, possibly in June.
Czamanske is scheduling a site plan conference for White Hawk EcoVillage. The site plan review for
rezoning was delayed as a utility plan had not been done. Czamanske will write a memo to the Planning
Board with recommendations regarding this site plan.
Dietrich reported that John Norman is working on code violations. Enforcement of current violations
has been complicated by having a series of Code Enforcement Officers review situations and come to
different conclusions. This has impacted some development proposals, in example proposals for cideries.
In at least one case, a permit for construction was issued in error. This is in process of correction.
Ulinski asked for further information regarding proposals from three cider and mead making
businesses. All three are in process of providing more information. The Townline Road Meadery and the
Cidery on Sandbank Road are in agricultural districts and do not need PB site plan review. They do,
however, need storm water SWIP review related to ground disturbance and driveway design. The third
business, proposed for Route 96B, is on hold due to a conflict with local zoning. This venture would need
to request rezoning, with a possible appeal to the BZA.
Town Clerk’s Report
A total of $3,642.60 was collected in April for two marriage licenses, one planning fee, six building
permits, 56 dog licenses, and several fishing licenses. A check in the amount of $3,042.13 was distributed
to the Supervisor. In addition, $467.47 was distributed to the NYS DEC, $70 to the animal population
control program, and $45 to the NYS Health Department.
Adjournment
The meeting adjourned at 8:30 pm. !!!!!
______________________________________
Pamela Goddard, Town Clerk
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