Loading...
HomeMy WebLinkAbout2021-07-12-Town-Board-Meeting-MinutesTown of Danby Town BoardRegular First Monthly Board MeetingMonday 12 July, 2021 at 7:00 PMvia In-Person AND Zoom Video Conferencinghttps://zoom.us/j/98085159868?pwd=cDJmU2xVeGw2KzN3T1d1dnJZRTFIQT09 Meeting MinutesRoll Call :Town Board Joel Gagnon, SupervisorLeslie ConnorsJim HolahanSarah SchnabelMatt Ulinski (late arrival)County Legislator Dan KleinTown Justice Garry HuddleTown Planner David WestTown Code Enforcement Officer Steve CortrightTown Bookkeeper Laura ShawleyRecording Secretary Janice R. Adelman, Town Clerk Guest Presenters:Marnie Kirchgessner, Danby Rep to Tompkins County Youth AdvisoryBoard, and the Tompkins County Recreation Partnership 1.Call to Order at 19:10 by Supervisor Gagnon2. Public Hearings2.1. Van de Bogart request for waiver from the Moratorium on Subdivisions in the LowDensity Residential Zone2.1.1. Hearing opened at 19:11All those who spoke in favor All those who spoke againstRay VanDeBogartJennifer BryceTed Crane Ronda Roaring 2.1.2. Hearing closed at 19:172.2. Napierski request for waiver from the Moratorium on Subdivisions in the Low DensityResidential Zone2.1.1. Hearing opened at 19:17All those who spoke in favor All those who spoke againstRonda Roaring2.1.2. Hearing closed at 19:223. Additions/Deletions to Agenda3.1. Town Board members requested updates on the status ARPA funds3.1.1. Supervisor Gagnon responded that we have applied and are awaiting next steps.3.1.2. The Town Board requested more deliberate updating on all of the informationrelated to receiving and spending these funds with the further request to have itadded to the next meeting’s Agenda. Town of Danby Town Board Meeting 12 July 2021 Page 2 of 10 3.2. Revisit masking3.2.1. A request to discuss this issue at this point in the meeting led Gagnon to commentthat he seems to have misunderstood what the previous discussion had been andthat with the re-opening guidelines we would not require masks of those whowere vaccinated.3.2.2. Gagnon noted that the discussion would continue under old business.4.Privilege of the Floor4.1. Katharine Hunter commented that she can’t hear what anyone is saying.4.2. Ted Crane offered an AV suggestion.4.3. Ronda Roaring added that she cannot hear; cannot see Councilperson Connors oncamera. Wished to point out some of these issues so that they could be corrected.4.4. Councilperson Ulinksi offered a suggestion that anyone speaking say their name.4.5. Clerk Adelman noted the high need for multitasking if the Clerk is to continue takingminutes, recording votes, working the Zoom meeting, and handling the camera andaudio functions.5.Correspondence - none6.Announcements - none7.Reports & Presentations7.1. Marnie Kirchgessner, TC Youth Advisory Board & Recreation Partnership Rep7.1.1. Tompkins County has begun its budgeting process now which impacts all of thetowns in various ways; Kirchgessner attended the TC budget process meeting tobe better able to advocate for youth in Danby—and all of Tompkins County—sothat kids are not being lost in this process following the difficulties and challengesthat the pandemic brought with it.7.1.2. Danby has also faced numerous challenges with the position of Coordinator ofCounty Youth Services for Danby.7.1.2.1. The newly assigned coordinator is Megan Rivera Lyons. Danby needs tomatch funds for a 40-hour work week for this position.7.1.2.2. There is legitimate concern around the about the fact that the indivudalassinged to the Town of Danby—who did an outstanding job during COVID—left right before summer programing was about to start leaving nothingplanned for this year. Members of the community feel that we’ve beenshortchanged.7.1.2.3. Cooperative Extension hopes that the increase in hours will make theposition more attractive and influence incumbents to stay longer.7.1.2.4. Danby Community Council is very concerned about the lack ofprogramming. Megan Lyons met via zoom with the DCC and others; Meganlistened and came up with list of issues that she was going to work with theDCC to achieve the desired goals Cooperative extension.7.1.2.5. Councilperson Ulinski noted that being the Danby Youth Coordinator is nota plum job. Speaking from personal connections with previous coordinators, it Town of Danby Town Board Meeting 12 July 2021 Page 3 of 10 is really hard to be the Youth Coordinator in Danby and doesn’t think that 40hours will be the sole factor in getting someone who will stick around.7.1.2.6. Kirchgessner noted that any help Danby can give the professionals inhelping the volunteers is a priority for her; she hopes that the Town willconsider that in this year’s budget appropriations.7.1.4. Recreation Partnership — Danby’s numbers for participating in this program arecomparable to Dryden’s numbers.7.1.4.1. Even during COVID, Danby still had the highest participation numbers with80 individual youth participating in the first quarter.Caroline had 13;Dryden 56,Enfield 21;Lansing 37.7.1.4.2. Moreover, Danby has no “third place” for kids to go.7.1.4.3. There is a question for tomorrow night’s Rec Partrenship Budget meetingis whether they go on numbers averaged over the years 2018, 2019, and2020, or, if they go with the more typical previous 3 year range (2017–2019).2017–2019 Danby contribution = $14,1092018–20 Danby contribution = $14,8927.1.5. Gagnon noted that the Town Board fully supports Kirchgessner’s work in thesecommittees as well as supporting the increases in Youth Services Coordinator time(equating to a $2000 request in additional funds).7.2. Town Planner7.2.Code Enforcement (https://onlyo.co/3dUoI1p)7.3.Town Clerk (https://onlyo.co/2T3L9Ks)7.4. County Legislator7.4.1. State of Emergency lifted on 7/3/20217.4.2. Seeing a rise in sales tax revenue the last couple of monhs7.4.3. Regarding the ARPA funding, TC sent out surveys regarding how to spend themoney. Athough 2000 surveys were returned, the results were inconclusive.7.4.4. At the TC Budget meeting, the legislators received a lot more detail on how thiswould work out.7.4.4.1. It is not going to be quick, easy, money like most anticipated, but rather iscoming with lots of stipulations, reporting requirements, etc.7.4.4.2. TC may have to hire people specifically for the role of submitting all of thereporting requirements.7.4.4.3. Every expenditure must be accounted for for as long as the expenditurecontinues. If a program runs for 4 years, this translates to 22 reports becausea program that receives a yearly amount would need to report each quarterfor each year in place.7.4.4.4. An alternative route for some of the money may be to use it for buildingwhich only requires one report. This would then free up money assigned to Town of Danby Town Board Meeting 12 July 2021 Page 4 of 10 the Capital program by using the ARPA funds in that place thereby making iteasier to do what the county wants to do with the additional influx of funds.7.4.5. Klein read a statement from Jay Fraklin the Head of the Department ofAssessment regarding the Assessment Law that the Town of Danby successfullypassed in the NY State Legislature (although the law has not yet passed withgovernor’s signature). Franklin’s statement:“This is a confusing piece of legislation, and I wish that the town of Danby hadcontacted me prior to proposing this legislation at the state level. This legislationwill also allow Tompkins County and the school districts located in Danby to allowan exemption for properties that have transfer development rights to the town ofDanby. This is not good practice for the county to allow an exemption in onemunicipality, and not the rest of them. in addition, this legislation will createsubdivided parcels that are not in zoning compliance.”8.Consent Agenda8.1. Approval of Minutes8.1.1. 14 June 2021 - Board Meeting8.1.2. 21 June 2021 - Zoning update8.1.3. 23 June 2021 - Board Meeting8.2. Warrants8.2.1. General Fund No 12 Vouchers 211–226 for $8,056.828.2.2. Highway Fund No 12 Vouchers 149 –163 for $18,464.178.2.3. Trust & Agency Voucher #6 for $5,872.50 Resolution 112 of 2021 To Approve Consent Agenda Moved By:Connors Seconded By:Schnabel Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 112 approved9.Old Business9.1. Revisit Masking9.1.1. Some Board Members remain concerned with rise in Delta variant, the increase inthe virus passing between vaccinated persons.9.1.2. There were differences of understanding among Board members about what itmeant to follow Tompkins County guidelines with respect to re-opening and Town of Danby Town Board Meeting 12 July 2021 Page 5 of 10 requiring masks coupled with the Court’s guidelines for re-opening and maskrequirements.9.1.2.1. Clerk Adelman clarified that the TC guidelines require those who are notvaccinated as well as those who do not wish to disclose their vaccinationstatus be masked inside the building. She also commented that since Danbywill not be checking vaccination status, the assumption is that all individualsshould be masked while inside Town Hall.Resolution 113 of 2021 To Require Masks Inside Town Hall Regardless of VaccinationStatus Whenever Officials, Staff, and Public are In the Building—A Policy To Be RevisitedAt Least Every Month Moved By:Connors Seconded By:Ulinski Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 113 approved10.New Business10.1. Van De Bogart waiver requestResolution 114 of 2021 To Grant the VanDeBogart Waiver to Land Use Moratorium Moved By:Ulinski Seconded By:Connors Whereas, The Town Board of the Town of Danby did adopt a land use moratorium prohibitingsubdivisions in the Low Density Residential Zone in March of 2021: andWhereas,The Land Use Moratorium requires specific findings by the Town Board in order togrant waivers as defined in the moratorium local law; andWhereas, The Town Board held a public hearing on July 12, 2021, duly advertised as requiredby the moratorium local law; andWhereas, The Town Board has considered the application for waiver and makes the followingfindings:Whereas, The Town Board held a public hearing on July 12, 2021, duly advertised as requiredby the moratorium local law; and1. The failure to grant a Waiver will cause the petitioner extraordinary hardship, and suchhardship is substantially greater than any harm to the general public welfare resultingfromtheWaiver(ifgrantedinwholeorinpart).Inconsideringthisfactor,theTownBoardhas considered the unique nature of the land in question, including whether the site of Town of Danby Town Board Meeting 12 July 2021 Page 6 of 10 the proposed Action is affected by an exceptional topographic or other naturallyoccurring conditions as supports a Waiver. 2. The granting of a Waiver will have no clear, adverse effect upon the goals or objectivesbeing now undertaken by Comprehensive Planning and community-wide efforts toprotect and preserve the essential character and important resources of the Town,including potentially deleterious or irreversible impacts to open spaces, agriculturalresources and farming, and wildlife corridors and other significant ecological resources. 3. The Waiver is sought for an Action that is, or which by imposition of conditions orvoluntary land covenants and restrictions can be, harmonious with neighboring uses andthe community planning efforts currently underway. 4. The extraordinary hardship is not the result of any delay, action, or inaction by theapplicant, the property owner, or any predecessors-in interest, and that such allegedhardship has not been self-created. In considering this factor, the Town Board mayconsider whether the need for a Waiver is based in whole or in part upon a lack ofmaintenance or repair of the property or improvements thereupon, includingconsideration of the extent to which the existing improvements are aged, decrepit,obsolete, run-down, outmoded, or in a state of disrepair, and further including whetherfinancial hardship has been materially promoted by such lack of maintenance, repair, orthe property condition and causes thereof. 5. The impact and harm to applicant in denying a Waiver will be outweighed by the benefitto the community in preserving the status quo pending completion of its ComprehensivePlanning and Zoning Update, and in considering this factor the Town Board may considerthe applicant’s or land owner’s vested rights and monetary investment “in the ground”,but such rights or investments shall be only one factor in the balancing test of hardshipsand harms undertaken by the Town Board in consideration of this finding and factor. Thecosts and expenses of a Waiver application shall not be considered as, or be a part of, anymonetary investment arguments, calculations, harms, or hardships. 6. The application for a Waiver is and was substantially complete at the time of filing and atthetimethenoticeofpublichearingwasposted,suchthatallpartiesandtheTownBoardhad a full and fair opportunity to consider the facts, bases, and arguments upon whichthe Waiver application and any Waiver approval was based. In evaluating this factor, theTown Board may consider whether the applicant advanced new theories, facts, orarguments not set forth in the application as may have unduly and adversely impactedthe Town Board’s ability to conduct a full and fair hearing, as well as the rights of Town of Danby Town Board Meeting 12 July 2021 Page 7 of 10 participants and witnesses to prepare evidence and address the application and Waiverrequest as submitted. 7. No relief granted in respect of the Waiver is greater than the relief requested by theapplicant in the petition, and no such relief is greater than the minimum amount of reliefnecessary to alleviate any extraordinary hardship, should a Waiver be granted in wholeor in part. Whereas, This is a Type 2 Action under SEQR, as it does not grant approval for the project to bebuilt, the subdivision will require further review by the Planning Board including environmentalreview. Resolved, that a waiver from the Moratorium on Subdivisions in the Low Density ResidentialZone is hereby granted to the applicant Ray Van de Bogart at 100 Van De Bogart, and theapplicant may move forward with the Planning Board in consideration of the merits of asubdivision application.Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 114 approved 10.2. Napierski waiver requestResolution 115 of 2021 To Accept the Napierski Waiver Request Moved By:Ulinski Seconded By:Schnabel Whereas, The Town Board of the Town of Danby did adopt a land use moratorium prohibitingsubdivisions in the Low Density Residential Zone in March of 2021: andWhereas,The Land Use Moratorium requires specific findings by the Town Board in order togrant waivers as defined in the moratorium local law; andWhereas, The Town Board held a public hearing on July 12, 2021, duly advertised as requiredby the moratorium local law; andWhereas, The Town Board has considered the application for waiver and makes the followingfindings:Whereas, The Town Board held a public hearing on July 12, 2021, duly advertised as requiredby the moratorium local law; and1. The failure to grant a Waiver will cause the petitioner extraordinary hardship, and suchhardship is substantially greater than any harm to the general public welfare resulting Town of Danby Town Board Meeting 12 July 2021 Page 8 of 10 fromtheWaiver(ifgrantedinwholeorinpart).Inconsideringthisfactor,theTownBoardhas considered the unique nature of the land in question, including whether the site ofthe proposed Action is affected by an exceptional topographic or other naturallyoccurring conditions as supports a Waiver. 2. The granting of a Waiver will have no clear, adverse effect upon the goals or objectivesbeing now undertaken by Comprehensive Planning and community-wide efforts toprotect and preserve the essential character and important resources of the Town,including potentially deleterious or irreversible impacts to open spaces, agriculturalresources and farming, and wildlife corridors and other significant ecological resources. 3. The Waiver is sought for an Action that is, or which by imposition of conditions orvoluntary land covenants and restrictions can be, harmonious with neighboring uses andthe community planning efforts currently underway. 4. The extraordinary hardship is not the result of any delay, action, or inaction by theapplicant, the property owner, or any predecessors-in interest, and that such allegedhardship has not been self-created. In considering this factor, the Town Board mayconsider whether the need for a Waiver is based in whole or in part upon a lack ofmaintenance or repair of the property or improvements thereupon, includingconsideration of the extent to which the existing improvements are aged, decrepit,obsolete, run-down, outmoded, or in a state of disrepair, and further including whetherfinancial hardship has been materially promoted by such lack of maintenance, repair, orthe property condition and causes thereof. 5. The impact and harm to applicant in denying a Waiver will be outweighed by the benefitto the community in preserving the status quo pending completion of its ComprehensivePlanning and Zoning Update, and in considering this factor the Town Board may considerthe applicant’s or land owner’s vested rights and monetary investment “in the ground”,but such rights or investments shall be only one factor in the balancing test of hardshipsand harms undertaken by the Town Board in consideration of this finding and factor. Thecosts and expenses of a Waiver application shall not be considered as, or be a part of, anymonetary investment arguments, calculations, harms, or hardships. 6. The application for a Waiver is and was substantially complete at the time of filing and atthetimethenoticeofpublichearingwasposted,suchthatallpartiesandtheTownBoardhad a full and fair opportunity to consider the facts, bases, and arguments upon whichthe Waiver application and any Waiver approval was based. In evaluating this factor, theTown Board may consider whether the applicant advanced new theories, facts, orarguments not set forth in the application as may have unduly and adversely impactedthe Town Board’s ability to conduct a full and fair hearing, as well as the rights ofparticipants and witnesses to prepare evidence and address the application and Waiverrequest as submitted. 7. No relief granted in respect of the Waiver is greater than the relief requested by theapplicant in the petition, and no such relief is greater than the minimum amount of relief Town of Danby Town Board Meeting 12 July 2021 Page 9 of 10 necessary to alleviate any extraordinary hardship, should a Waiver be granted in wholeor in part. Whereas, This is a Type 2 Action under SEQR, as it does not grant approval for the project to bebuilt, the subdivision will require further review by the Planning Board including environmentalreview. Resolved, that a waiver from the Moratorium on Subdivisions in the Low Density ResidentialZone is hereby granted to the applicant Napierski at 204 Nelson Rd and the applicant may moveforward with the Planning Board in consideration of the merits of a subdivision application.Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 115 approved 10.3. Potential authorization of town hall use for fire trainingThis practice has already occurred at the Highway Department.Resolution 116 of 2021 To Authorize Danby Fire District to Do A Practice Drill at TownHall Moved By:Gagnon Seconded By:Holahan Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 116 approved 10.4. Staff Proposal for Library Use of Town HallThe Library Volunteers would like to offer additional hours for the Library to be moreaccessible to the public. The building staff is not comfortable having the Library openwithout Library Volunteers present.Resolution 117 of 2021 To Allow the Library Staff To Set Its Own Hours During DaylightWith a Volunteer Present Whenever the Library is Open Town of Danby Town Board Meeting 12 July 2021 Page 10 of 10 Moved By:Gagnon Seconded By:Connors 10.4.1. Discussion10.4.1.1. Ulinski noted that this proposal might be in conflict with the forthcomingworkplace violence report and recommendations.He offered a friendlyamendment that the Library staff only have the library open during daylight hours(rather than at any time).10.4.1.2. Marnie Kirchgessner questioned what it would mean for the public computersand the community desk for public access.Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 117 approved 11.Discussion of Next Meeting Agenda11.1. Use of ARPA Funds11.2. Highway energy upgrade11.3. Solar Billing process with Danby Fire District12.Adjourn at 20:56. _________________________________________Submitted by Janice R. AdelmanTown Clerk