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Home My WebLink About2021-03-17-TownBoard-MinutesTown of Danby Town BoardSecond Regular Monthly Board Meeting+ Public HearingsWednesday, 17 March, 2021 at 7:00 PMvia Zoom Video Conferencing Meeting Minutes Roll Call :Town Board Joel Gagnon, SupervisorLeslie ConnorsJim HolahanSarah SchnabelMatt UlinskiTown Planner David WestTown Code Enforcement Officer Steve CortrightRecording Secretary Janice R. Adelman, Town Clerk 1. Call to Order at 19:012. Public Hearings2.1.Proposed Local Law to Expand Deputy Highway Superintendent Residency EligibilityHearing opened at 19:02Public Attendee,Ted Crane, noted that section 3 refers to the Deputy HighwaySuperintendent as either an elected or appointed position; by NYS law, it is always anappointed position.Hearing closed at 19:04 2.2.Proposed Local Law to Adopt the West Danby Water District Operating PolicyThis public hearing was erroneously advertised in the Ithaca Journal Legal Notices sectionas being held today. The actual date of the public hearing is Monday, 12 April 2021.Comments were solicited; none were given. 2.3.Proposed Local Law to Enact a Land Use Moratorium in the Low-Density Residential Zonesee also:Land Use Moratorium FAQ2.3.1. Public hearing opened at 19:07.Town Planner David West began with a brief presentation to offer backgroundinformation on what, when, and why.2.3.1.1. Danby resident, Kim Nitchman, posed two questions to Planner West:2.3.1.1.1. What do you mean by new zones?Additional zones is one of the first decisions to make; there are many areaswith different levels of development and different amounts of priority thatpeople would say needs to be preserved. Currently Danby has a blanketapproach insofar as all of the varying levels of development in different areashave the exact same zoning which doesn’t make sense. Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Page 2 of 8 2.3.1.1.2. How much input, other than development of this, do the citizens ofDanby have in whether or not these zoning changes are adopted?The authority to adopt zoning is the town board. The public does have theopportunity to weigh in, but it is ultimately the Town Board’s decision.2.3.1.2. Danby resident, Theresa Klinger, posed two questions to West:2.3.1.2.1. What is the definition of subdivision—is it someone with 20 acreswanting to subdivide one lot or are we talking about subdividing 100 acres andturning it into another Buttermilk Falls?Yes, those are both subdivisions; there are different kinds of subdivisions. Theproposed moratorium is a stop on all subdivisions, small and large, for ninemonths. Note that a subdivision typically takes four or five months fromapplication to approval.2.3.1.2.2. Has the town considered sending letters to large land owners beforeconsidering the moratorium prior to enacting said moratorium?No, but this is more a question for the Board. That said, the point of enacting amoratorium is to press pause without announcing it much in advance norhaving much back-and-forth discussion as it defeats the purpose by promptinga flurry of applications to be submitted prior to the moratorium’s enforcement.A moratorium presses the pause button on new actions so the town can changeor adjust the regulations with the residents’ input along the way.2.3.2. Summarized responses:All those who spoke in favor All those who spoke againstDan KleinToby DeanClare FewtrellTed CraneNancy MedskerRonda RoaringKatharine HunterJeremy HolmesBetsy Keokosky Kim NitchmanCarol BushbergAnnette FeeneyKevin FeeneyHayden Brainard public hearing closed at 20:11 3. Additions/Deletions to Agenda3.1 Prepping for in-person meetings to include videoconferencing3.2 Resolution authorizing transfer from General Fund Balance to Attorney Budget3.3 Resolution authorizing grant application for Bridge NY by T.G. Miller3.4. Re-appoint Elizabeth Lamb3.5. Delete Water District Policy from Old business 8.33.6. Ulinsksi - Let’s pause at 9:00 and vote on what we want to talk about4. Privilege of the Floor4.1. Correspondence - none4.2. In-Person - none5. Announcements - none Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Page 3 of 8 6. Reports - none7. Approval of Consent Agenda7.1. Warrants7.1.1.General Fund Abstract 6: Vouchers 77–97 for $49,968.307.1.2.Highway Fund Abstract 6: Vouchers 52–69 for $82,811.607.1.3.Water District Abstract 6: Voucher 13 for $510.677.2. Minutes7.2.1.12 October 2021 Town Board Meeting7.2.2.21 October 2021 Town Board Meeting7.2.3.8 February 2021 Town Board Meeting7.2.4.17 February 2021 Town Board Meeting7.2.5. 8 March 2021 Town Board MeetingResolution 61 of 2021 To Approve The Consent Agenda Moved By:Connors Seconded By:Holahan Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 610 approved. 8. Old Business8.1. Workplace Violence Prevention report — Ulinski8.2. Re-imagining Public SafetyThis will affect people in Danby so Councilperson Schnabel wanted it to be included incase anyone had comments on it. She is in favor of the report’s recommendations.No additional comments were offered.8.3. Water District Policy Local Law8.4. Deputy Highway Superintendent Residency Local LawResolution 62 of 2021 To Pass Local Law #1 Moved By:Ulinski Seconded By:Connors Vote:Councilperson Aye No Absent Connors X Holahan X Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Page 4 of 8 Schnabel X Ulinski X Gagnon XResolution 62 approved. 8.5. Subdivision Moratorium Local LawResolution 63 of 2021 To Pass Local Law #2 of 2021: Moratorium on Subdivision in theLow Density Residential Zone Moved By:Schnabel Seconded By:Connors8.5.1. Councilperson Schnabel acknowledged the two main arguments from those inopposition to the moratorium: (1) that the action was too quick; and (2) that it takesaway landowners’ rights. On the first point, Schnabel noted that the point of amoratorium is to move quickly. On the second point, she noted that it is not removinglandowner rights, but is a temporary pause; the Town Board has the authority to makezoning changes at any point and with a moratorium in place it allows making changesin a thoughtful manner without being pressured by any type of subdivision. Althoughthe town is currently dealing with smaller subdivisions, we don’t want to wait untilthere is a large subdivision to consider something like this.8.5.2. Councilperson Holahan thanked everyone for coming out and appreciated hearingeveryone’s comments; he noted that David West’s presentation was very informative.On the issue of whether the town is ready to take on such a big initiative, Holahanreplied that West’s presentation indicated Planner West’s readiness to take it onwhich is critical given the extent to which the Planner will be involved. In addition thePlanning Board and the Planning Group will be involved, while the Town Board agreedto hold additional meetings if necessary. Holahan also has a hard time thinking thatthis action might be taking away someone’s rights in the town; however he feels thatit is necessary to have an opportuntiy to address the development that is happeningand that is coming here—the intent is not to take that piece of property that a personor family has held for a long time and not allow that landowner to do what they wantwith it. Rather it’s to be able to have a better Danby, to be more inclusive, to keep ourrural character, have a place where we want to live and not have little houses poppingup all over. Having this moratorium would be an opportunity to make all of thosepositive effects happen.8.5.3. Councilperson Connors agreed with almost everything that’s been said. She wasreally glad so many people came to tonight’s meeting and acknowledged that theaction feels quick. However, she noted that the time is right; if we don’t do somethingdrastic now, then we will lose any kind of control to orchestrate this. All of the players(Planner West, the Planning Board, and the Planning Group) are ready to get to work.8.5.4. Councilperson Ulinksi commented that he had not been in favor of a moratoriumthe last time the topic had been raised because he didn’t feel the Board was in a placewhere they could even put together a shell of a plan on how to end the moratorium.Now, he feels that the Planning Group has done a lot of good work up to this pointand the moratorium is a way to encourage that group to start coming from ideas torealization; this will hold everyone’s feet to the fire to do this. Ulinski noted that therehas to be a way to communicate well with the public about this. That is, when Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Page 5 of 8 meetings will be occurring, what will be discussed, and having information front andcenter on the website, along with a schedule of the extra Board meetings andpotential public communications on the calendar now. Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 63 approved. Resolution 64 of 2021 To Hold A Meeting on the Third Monday of Every Month at 7pmto Discuss Regulatory Changes Related to the Moratorium Moved By:Schnabel Seconded By:Holahan Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 64 approved. 8.6.NYS Public Employer Public Health Emergency Plan by Governor Cuomo’s Executive Ordermade in September 2020, to put a plan in place by April 1, 20218.6.1. Questions from the Board included:–Is this only a COVID plan? No, it is a general public health emergency plan.–What are essential duties; how much flexibility is there in the plan? The plan isreviewed an an annual basis and would be amended as necessary to make it aliving document.8.6.2. Councilperson Connors asked if the Emergency Management Coordinator[identified as Steve Cortright in the plan] is selected based on the person (i.e.,Cortright) or based on the position (i.e., Code Enforcement Officer)?8.6.2.1. The decision to have Cortright in the role was based on his experience as anemergency responder with the Fire Company and his involvement on the town’sbehalf in the county emergency management planning.8.6.3. Requested Modifications to the Plan from the Board: Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Page 6 of 8 8.6.3.1. The Board recommended to modify the document so that it refers to theEmergency Management Coordinator consistently (and not the CodeEnforcement Officer/Emergency Management Coordinator). Then appoint thequalified person to the EMC role.8.6.3.2. Change the appointment process to be done by the Town Board at theannual organizational meeting.8.6.3.3. Also modify the use of “his/her” to “their” throughout the document.8.6.3.4. Change the “hour tracking and work locations will be paper-based and will bedone by each department” to read “hour tracking and work locations will betracked by each department”.8.6.4. After changes are made, wait for the Labor Union’s response and vote on this at theApril 12 Board meeting. 8.7.NYS Stretch Energy Code8.7.1. Cortright provided a brief overview of the Stretch Energy Code, a more stringentenergy code that is being offered by New York State for municipalities to decidewhether or not to adopt. It is essentially one or two code cycles ahead of thecurrently accepted energy code; NY State will presumably adopt a new energy codein 2023.8.7.2. This is being discussed because it is one of the things a municipality can do to getpoints in the clean energy community funding round linked to a $5,000 grant.8.7.3. Several people noted that the new energy codes bring increased building expenses.However, the more stringent code is something that will inevitably come throughthe State; Danby does not have a local building code but uses the NY State buildingcode.8.7.4. The question for the board tonight is whether or not we should consider adoptingit; the deadline is 31 December 2021.The Board will delay a decision tonight and revisit the question at a later time. 9. New Business 9.1.Letter of support to Park Foundation CCA grant applicationThis is simply endorsement of a letter of support for a $70,000 grant application to thePark Foundation.Resolution 65 of 2021 To Endorse Letter of Support Moved By:Schnabel Seconded By:Ulinski Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Page 7 of 8 Ulinski X Gagnon XResolution 65 approved. 9.2. Authorization to Transfer Money from General Fund Balance to Attorney BudgetResolution 66 of 2021 To Further Fund the Attorney Expense Account for 2021 WHEREAS,whereas the Attorney account budget for account number A1420.400 isoverspent for the year because of unforeseen situations presented to the town forlitigation, BE IT RESOLVED,the Town Board approves the amount of $20,000 to be transferred fromthe fund balance of the General Fund to the Town Attorney budget line, A1420.400, tocover legal fees for the remainder of 2021. Moved By:Ulinski Seconded By:Connors Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 66 approved. 9.3. Authorization for Contracting Services of T.G. Miller for grant application for Bridge NYResolution 67 of 2021 To Contract the Services of T.G. Miller to Submit a Grant Requeston Behalf of the Town for Bridge New York Funding WHEREAS, the State of New York is making available another round of Bridge New YorkFunding, and WHEREAS, the Highway Department recognizes the need to replace the culvert onMichigan Hollow Road due to deterioration which could cause the road to wash out, BE IT RESOLVED, the Town Board authorizes a contract with T.G. Miller, not to exceed$2,500, to submit a Bridge New York grant application to replace a culvert on MichiganHollow Road. Moved By:Connors Seconded By:Holahan Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Page 8 of 8 Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 67 approved. 9.4. Prepping for in-person meetings to include videoconferencingGagnon, Schnabel, & Adelman will meet with René Carver next week to discuss how toimplement a hybrid in-person/remote-virtual meeting. 9.5. Resolution 68 of 2021 To Re-appoint Elizabeth Lamb to the Board of Zoning Appeals Moved By:Gagnon Seconded By:Schnabel Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 686 approved. 10. Discussion of Next Meeting Agenda10.1. Public Health Emergency Plan10.2. In-Person Public Meetings10.3. Water District Operating Policy11. Adjourn at 21:39 _________________________________________Submitted by Janice R. AdelmanTown Clerk