HomeMy WebLinkAbout2020-12-14-TownBoard-MinutesTown of Danby Town BoardRegular Meetingvia Zoom Video Conferencing14 December 2020 at 7:00 PM
Roll Call :Town Board Joel Gagnon, SupervisorLeslie ConnorsJim HolahanSarah SchnabelMatt UlinskiTown Justices Garry HuddleTheresa KlingerTown Planner John Czamanske (interim)David West (newly hired)Town Code Officer Steve CortrightTown Bookkeeper Laura ShawleyCounty Legislator Dan KleinRecording Secretary Janice R. Adelman, Town ClerkPublic attendees:Bill Evans, Bruce Richards, Katharine Hunter, Margaret Corbit, Nick & Cecilia Kurpita,Paulette Rosa, Ronda Roaring, Susan Franklin, Ted Crane, Toby Dean
1. Call to Order at 19:041.1. Additions/Deletions to Agenda1.1.1. Remove correspondence policy because it’s not ready to be discussed.2. Privilege of the Floor2.1. Nick and Cecilia Kurpita introduced themselves as the owners of the land onHoward Road; the land has been in their family since the 1950s. Someone hasleased land nearby and is attempting to put a fence across the road that willprevent access to the Kurpita’s land. Emergency vehicles and trucks would not beable to go down the road which takes one up to Hill Road. Howard Road has only asmall segment paved with a sign indicating it is a minimal maintenance one laneroad. Recently the Kurpitas found out that Howard Road is considered anabandoned road, despite them having a Howard Road address number. CeciliaKurpita has been in contact with NYSEG who will give documentation that theyhave a variance parallel to Howard Road to show that it cannot be blocked with afence. The Kurpitas wish to know if the road is abandoned and now just the privatelandowners own it. If this is the case, then the Kurpitas are “landlocked”. AssistantHighway Superintendent, Jack Shawley, has been at the property to take a look. Thebottom line is that the Kurpitas need to have the road left open without a fencethat crosses over it.2.1.1. Gagnon noted having spoken with Cecilia Kurpitas earlier, and replied thatthe Kurpitas need to discuss with the Town Planner and the HighwayDepartment. There is not enough time to deal with it tonight, however, if the
issue needs further attention by the board, he is happy to bring it back up inJanuary.2.1.2. Kurpita thanks the board for their time with appreciation.2.2. Margaret Corbit wanted to point out to members of the board that issues with thehemp farm are ongoing. They have been in communication with Supervisor Gagnonand Planner West and are looking forward to more communication in January.2.3 Ted Crane wishes to thank those responsible for the comprehensive list of materialsand agenda and has several comments: (1) Re minutes dated 18 November:included notes of comments made by Crane. Crane prefers to have the wholecomments reproduced; if not that, at least the direction of them. For example, thecongratulations, “or my kudos to Matt is reproduced, but the substance, you know,the four or five words describing the substance of the other comments are notreproduced. I just think it’d be nice to be able to see those, it might be useful in thefuture. (2) Re vouchers: Crane supports showing the warrant abstracts; there is nodownside to making that information public and sees some upside. (3) Re recordspolicy: Crane thinks “that the record should be kept as long as is reasonable. Inother words, until they deteriorate beyond usefulness, whether the audio recordscould be pretty much forever video to YouTube, not a bad idea. (4) ReCorrespondence policy: Crane read it and stated “there are a lot of little things I’dlike to talk about, but I don’t want to take up your time. I did notice one thing thatsort of strikes me as a perhaps a ... loophole ... in your proposed policy which is nonwritten communications are not covered. And so, for example, it looks as though aTown Board member could or should—I’m not sure which— ... make writtencommunications public, or may have to make the written communications public,to some extent. However, verbal communications, which often come up in, shall wesay conversation during town board meetings, as in somebody told me, the person.There’s no requirement to talk about who exactly said this, which, as we know, inthe theater and in literature is an often used device to basically say what you wantto say using someone else’s not lack of name. So I think you should look at thatloophole. (5) Re website upgrade: “I have to say, ... the first paragraph [is] a verypolitically correct way to say the current website sucks. Just to say the process bywhich that website was originated the way was chosen everything about it was afailure on the ... part of the Town of Danby, right up to its lack of maintenance ... toits usability—you’ve said it very politically correctly there—but I cannot urge youany more strongly to improve your website. And, yes, ... on the other resolution,yes, I think .ny.gov would be great. I would hope that after all of these years, theTown Board would see the wisdom of bringing people who are not TB membersinto the process. Let’s call it into the committee process. And I know some people.In fact, I even smile and say, I think I could probably contribute to that process. Ithink there are other people as well. I’m sure they’ll make themselves know to youif they really want to. And other than that... there’s a minimal item aboutinterviews or board committee appointments.” (6) Re board committeeappointments: “You pretty much made it clear in your article in the Danby News
that you did not want anybody to apply for certain positions because you intendedas usual to reappoint the incumbents.2.4. Ronda Roaring wanted to share interesting news regarding cell and phone service.Over recent decades, 5 poles have now gone up through the DSF area. Today shesaw trucks going by in front of her house today taking fiber optic cables all the wayup to where Verizon placed their equipment.
3. Approval of Consent Agenda3.1. Request made to remove reports from the Consent Agenda so that TB can hearfrom them.3.2. Approval of Minutes3.2.1. November 18, 2020.3.3.Announcements3.3.1. None3.4.Warrants3.4.1. General Fund Vouchers 371–402 for $155,401.173.4.1.1. Abstract 23: Vouchers 371–373 for $130,440.893.4.1.2. Abstract 24: Vouchers 374–401 for $24,960.283.4.1.3. Two items in the general fund that appeared to be over-budget,but might be miscoded. Shawley will confirm.3.4.2. Highway Fund Vouchers 206–223 for $73,271.183.4.2.1. Abstract 23: Vouchers 206–207 for $51,455.973.4.2.2. Abstract 24: Vouchers 208–223 for $21,815.213.4.3. Water District Fund Voucher 41 for $1,160.503.5. Reports3.5.1. Code Enforcement (Exhibit 1)3.5.2. Planner (Exhibit 2)3.5.3. Clerk (Exhibit 3)3.5.4. Justices’3.5.4.1. Courts are now closed at least through January; the judicial systemhas moved to Microsoft Teams. All traffic tickets are beingadjourned until February; no licenses suspensions or benchwarrants can be made. Virtual arraignments are possible with thenew laptop. Monthly report was submitted to the TownSupervisor; grant funds were reconciled with Laura Shawley’s helpwith unspent funds returned to the grantor. Court Clerk DianeGair will still be going in at regular hours to answer phone calls,check emails, and pay fines.3.5.5. Dan Klein County Legislator Rep to County Board3.5.5.1. Coronavirus is taking up lots of County Resources; there are manyways to deal with this. The County Health Department isresponsible for contact tracing; only part of the tracing process isconcerning: there are two kinds of contact tracers—one tracer fora person in quarantine who requires daily check-ins; the other
tracer is a nurse that needs to speak to anyone that tests positiveor has symptoms. The problem is that the nurses on staff areoverwhelmed; this is the weakest link. TC needs more nurses onboard.3.5.5.2. TC makes a number of appointments to industrial developmentagency. for many years, people have asked for a member oforganized labor onto the agency. currently 4 legislators on theagency, will take3.6. Correspondence3.6.1. Email re Legality of Recent Town Clerk Appointment3.6.2. Email re Shooting Range and Lead Contamination
Resolution 144 of 2020: Motion to Accept Consent Agenda (absent Gen Fund and WaterVouchers)
Moved By:Schnabel Seconded By:Connors
No further discussion
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon XResolution 144 approved.
4. Old Business4.1. Change Rules of Procedure regarding Agenda (compilation and distribution)4.1.1. Motion to Amend Rules of Procedure Regarding Town Board MeetingAgenda Prep and Distribution
Moved By:Connors Seconded By:Schnabel
4.1.2. Discussion included the roles of Town Supervisor and Town Clerk beingseparate but equal; the proposed modification in procedure would connectthe Clerk and Supervisor in a way that is no longer separate but equal.4.1.3. Gagnon suggests tabling the resolution and reworking it. The Supervisor setsthe agenda, but the question is how we then share the information giventhat there is no supervisor’s office to do it. In the past, the Clerk tookinitiative.4.1.5.Connors withdraws the motion.4.2. Warrant Abstracts Posting With Meeting Materials on Website
4.2.1. Gagnon noted that the way the Correspondence Policy currently reads is thatthese abstracts should be posted since they are part of the meeting andtherefore available to the public in advance of the meeting.4.2.2. Board proposes that the abstracts be posted but not vouchers; if people wantto see the actual specifics, they can ask for the individual warrant.
Resolution 145 of 2020: Warrant Abstracts Posted with Meeting Materials on Website
Moved By:Gagnon Seconded By:Connors
No further discussion
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon XResolution 145 approved
4.3. Revisit Records Management Policy4.3.1. Previously discussed the possibility of keeping audio records indefinitely,while posting the Zoom videos to the Town YouTube channel. Discussionincluded keeping audio but not video; data fatigue; the LGS-1 record retentionguide; and, security concerns with privacy and hacking.4.3.2. According to LGS-1 retention schedules, the four-month period for retainingthe A/V files begins only after the meeting’s minutes are approved, not fourmonths from the date of the meeting.4.3.3. Board consensus was that there was not a compelling need to change thetime frame or format of what is retained.4.4. Correspondence Policy - tabled until January 20214.5. Codification/Organizing Laws and Policies4.5.1. Schnabel has been working on organizing Danby’s Laws and Policies usingAirTable with the intention to make it public-facing.4.6. Website Upgrade4.6.1. Schnabel and Adelman researched options for moving away from DigitalTowpath to enable a website upgrade. They presented a mock-up websiteusing WordPress hosted on Siteground. Discussion involved questionsrelated to security and email servers.4.6.2. While the Town Board is hesitant to move to Siteground without additionalinformation, the Board is in agreement that acquiring the domaintownofdanby.ny.gov is a good idea.
Resolution 146 of 2020: To Obtain .ny.gov As Website Domain
Moved By:Connors Seconded By:Ulinski
No further discussion
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon XResolution 146 approved
5. New Business5.1. Interviews for Board/Committee Appointments5.1.1. There is at least one open position on every committee: Water District Board,Planning Board, Board of Zoning Appeals, Conservation Advisory Committee.In total there are five openings and four applicants.5.1.2. Two applicants are re-appointments, Gagnon did not feel the need to askthose individuals to attend the meeting to be interviewed.5.1.3. Margaret Corbit has applied to join the CAC as a new member and is here toanswer any questions. Ted Crane also applied to the Planning Board andalthough he is not a new face, if anyone has questions for him now is theappropriate time for that.5.1.3.1. Margaret Corbit introduced herself to the Board. She holds a mastersdegree from Cornell in Plant Ecology where she conducted research was inTompkins County. She has GIS data files for the forest history for the Town ofDanby; created by a woman named Katherine Flynn, now on faculty at auniversity in Virginia, for her PhD research she used Peter Marx’s historicaldata covering the growth of the forest from its lowest point around 1900 toits recovery back to about 50%. What is exciting is that there was also soilscience research in this data which shows the relationship between soil andland use and land cover history. Peter Marx was at Cornell from the 1970suntil his recent retirement where he walked the county himself with hisgraduate students and research associates documenting the land use historyof Tompkins County.5.1.2. Although interviews and discussion take place now, the final vote andappointment process occurs in January.5.2. Authorization to sign contract with attorney Guy Krogh for 2021
5.2.2. Krogh’s contract proposes maintaining the 2020 hourly rates in 2021 ($225 forKrogh and $125 for paralegal) with the caveat that it will likely increase thefollowing year.5.2.3. The board supports continuing the contract; it will be placed in theorganizational resolutions for approval in January.5.3. Community Choice Aggregation (CCA)5.3.1. Is the Town of Danby interested in participating in some sort of collaborativethat would pursue Community Choice Aggregation with two conditions:5.3.1.1. Using renewable energy5.3.1.2. There should be a savings to the consumer not an increased cost5.3.2. Is a member of the Town Board interested in being part of a group puttingtogether a proposal.5.3.2. This is not a commitment to do anything specifically yet, but to get a sense forwhether there is broad support for pursuing this or if we may want to dosomething a little bit more aggressive and broader in scope than justaggregating the purchase of electricity using renewable energy.5.3.2.1. There is a meeting on Thursday to flesh out the prospect more fully tounderstand it better and determine if it’s a viable option to entertain.
Resolution 147 of 2020: To Reaffirm Interest in Participating in the CCA To Be UsingRenewable Sources and Cost-Effective Measures with Jim Holahan Interested inParticipating in the Committee Drafting Associated Legislation.
Moved By:Gagnon Seconded By:Holahan
No further discussion.
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon XResolution 147 approved
5.4 CAC Proposal for Management Plans with Town as Lead Agency Out For PublicComment5.4.2. The Town Board will put it out for public comment followed by a publichearing.
Resolution 148 of 2020: To Put CAC Proposal for Management Plans with Town as LeadAgency Out For Public Comment
Moved By:Connors Seconded By:Ulinski
No further discussion.
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon XResolution 148 approved
Resolution 149 of 2020: To Schedule a Public Hearing for CAC Proposal on 17 February 2021
Moved By:Gagnon Seconded By:Schnabel
No further discussion.
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon XResolution 149 approved
5.5. Tax collection in times of COVID online payments5.5.1. Clerk Adelman noted that the Clerk’s office will be encouraging tax paymentsto be made remotely, whether it be online via credit card or via mailed check.Any in-person payment must have an appointment. The Tax Bills have not yetbeen received by County Assessment but the Clerk’s office will prepare aninsert that details all of the ways to make a payment safely this year.5.6. Water Service Extension Beyond the West Danby Water District Boundaries5.6.1. There is currently no policy regarding the boundaries; is the Town willing toentertain the extension request, to orchestrate the transaction? There aretwo ways this could be done:5.6.1.1. Extend the Boundaries of the Water District. This is expensive andshouldn’t be done for just one property.
5.6.1.2. Extend the Service to a Property Outside the District. Provisions aremade that hold harmless the residents inside the water district so that theextension is at the expense of the applicant.5.6.2. A resident near the old landfill wants to build a house and a barn to keephorses on his property but does not want to drill a well so close to where thelandfill used to be. The Water District could extend the line of the district, butneeds permission from the county to run along the road. The resident needs aframework which involves an environmental quality review and crafting anagreement between the Town and the resident for the conditions underwhich the extension would occur.5.6.2.1. Is the Board willing to entertain extending the water service to aproperty outside the district?
Resolution 150 of 2020: Declaration that The Town of Danby Will Lead an EnvironmentalReview Authorizing the Town Planner to Craft an Agreement to Present to the Board forApproval
Moved By:Gagnon Seconded By:Ulinski
No further discussion.
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon XResolution 150 approved
5.7. Town Hall Exterior Light Upgrade - tabled until January 2021
6. Discussion of Next Meeting Date & Agenda
Resolution 151 of 2020: Move Organizational Meeting to 4 January 2021 with 2nd MeetingScheduled for 20 January 2021
Moved By:Gagnon Seconded By:Schnabel
No further discussion.
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon XResolution 151 approved
7. Adjourned at 22:09
______________________________________________Janice R. AdelmanTown Clerk
Exhibit 1TOWN OF DANBYCODE ENFORCEMENT OFFICE
MONTHLY ACTIVITY: November 2020BUILDING PERMITS ISSUED Value FeeNew Residential Construction22 White Hawk Ln 1288 Sq Ft, Single family dwelling 175,000 322.00
Renovations/Other960 Tallow Hill Rd 12 x 32 Vacation camp structure 50,000 75.00118 Fieldstone Cr. 20 x 20 three season room w/ hot tob 80,000 85.001656 Danby Rd Re-roof 12,248 50.001435 Danby Rd Demo fire damaged Gospel Church of Ithaca 10,000 50.001120 Coddington Rd Replacement windows 3,194 50251 Bald Hill Rd 2 car garage w/ attic storage 60,000 72.00132 Yaple Rd Ground mount solar PV 17.7 KW 41,000 031 White Hawk Ln Roof mount solar PV 7.56 KW 25,990 0308 Bald Hill 20 x 32 Pole barn garage with attic storage 38,000 96.00MONTH TOTALS 496,432,00 800.00YTD TOTALS 3,250,933 7041.08PREVIOUS YTD TOTALS 2,754,501 6,241.08
CERTIFICATES OF OCCUPANCY1065 Comfort Rd, Addition
CERTIFICATES OF COMPLIANCE63 Gunderman Rd, Solar array11 Benny Lane, Rear entry deck365 Gunderman Rd, Pre- built shed
ADDITIONAL ACTIVITY21 Construction inspectionsAttended FEMA Flood Hazard Study meetingAttended Tompkins County Hazard Mitigation meeting1 fire call , Beardsley lane Exhibit 2
Exhibit 2TOWN OF DANBYTOWN PLANNER’S OFFICE
MONTHLY ACTIVITY: November 2020
·Coordinating with applicants and Chairman Rundle in advance of the November andDecember Planning Board meetings; and with Chairman Hicks re Board of ZoningAppeals meetings. Distributing & posting meeting materials; facilitating Zoom sessions;meeting follow-up. (PB meetings Nov 17, Nov 24, upcoming Dec 15; BZA cancelled Nov,upcoming Dec 22)
·Drafting board meeting schedules for 2021; edit planner calendar for 2021.
·Responding to inquiries and conferring with actual applicants for various subdivision,site plan and special permit matters. Reviewing building permit applications for zoningcompliance.
·Facilitate acquisition of computer laptop to be used by the Town Planner
·Coordination and information sharing between incoming Town Planner David West andoutgoing interim Planner John Czamanske.
·Planning Group meeting December 1.
·Research into the Old Towne Village subdivision approvals and the correspondingPlanned Development Zone 8.
·Coordination with Joel and others regarding re-initiating the drainage district creationprocess for the Beardsley Lane subdivision.
·Draft two resolutions approved by the Town Board on Nov 24: appointment of DavidWest as Stormwater Management Officer; appointment of Planner as “codeenforcement officer” solely for zoning and subdivision matters.
·Conferring with the Town Attorney as needed with various matters related to thesethings.
·Final coordination with NYSEG and Joel prior to his executing the letter agreement toconvert streetlights to LED.
·Assemble emails and files for FOIL request.
Exhibit 3TOWN OF DANBYTOWN CLERK’S OFFICE
November 2020 Clerk’s Report
Pursuant to Section 27, Subd 1 of the Town Law, I hereby make the following statement ofall fees and moneys received by me in connection with my office during the month statedabove, excepting only such fees and moneys the application and payment of which areotherwise provided for by Law:
License/Permit QtyIssued External Agency External AgencyAmt Town of Danby Amt
Hunting 9 NY State DEC $234.79 $15.21
Marriage 0 NYS Dept Health $0.00 $0.00
Dog 8 NYS Dept Ag & Markets $8.00 $88.00
Total Disbursed to External Agencies $242.79
Total Collected for Town of Danby General Fund $103.21
Office Description Qty Cost TotalReceived
Clerk Certified Marriage Transcript 0 $10.00 $0.00
Games of Chance License 0 $25.00 $0.00
Code Building 15 varies $987.45
Zoning Planning Fees 0 $75.00 $0.00
Total Payments Made to the Town of Danby $987.45
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 thatthe foregoing is a full and true statement of all Fees and moneys received by me during themonth above stated, excepting only such Fees the application and payment of which areotherwise provided for by law.
Subscribed and sworn this 3rd day of December 2020.