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HomeMy WebLinkAbout2024-06-25-TB-FINAL-minutes- with APPENDIX1 TOWN BOARD MEETING Town of Ulysses June 25, 2024 The meeting was held in person at the Town Hall at 10 Elm St., Trumansburg NY as well as via Zoom videoconference. Notice of Town Board meetings are posted on the Town’s website and Clerk’s board. Video recordings of meetings are available on Youtube at https://www.youtube.com/channel/UCWVIs--g9CpHIxdk9YxZyPw. CALL TO ORDER: Ms. Olson called the meeting to order at 7:02pm. ATTENDANCE: TOWN OFFICIALS: In person- Supervisor- Katelin Olson Board members- Mary Bouchard, Liz Weatherby, Rich Goldman, Michael Boggs Town Clerk- Carissa Parlato Town Planner- Niels Tygesen WSPPC member & CSAC Chair- Roxanne Marino Planning Board member- Rebecca Schneider Via Zoom- Linda Liddle- WSPPC, PB interim chair OTHERS: In person- Krys Cail, Kim & Bryon Moore, Chris Skawski (Cornell Cooperative Extension), Nick A. Via Zoom- Anne Koreman APPROVAL OF AGENDA: Motion: Ms. Weatherby requested to add a discussion related to the Comp Plan consultant selection process. Ms. Olson said that the board could not vote on the Local Law tonight as scheduled due to waiting on the county’s feedback. Mr. Goldman moved to approve the agenda as amended. This was seconded by Ms. Bouchard and passed unanimously. PRIVILEGE OF THE FLOOR: Ms. Schneider read a letter of resignation (see Appendix). 2 Ms. Liddle expressed dismay at Ms. Schneider’s resignation. She said that she wholly supports Ms. Schneider’s statement and hopes to move toward a better working relationship with the Town Board. Ms. Marino said that the Clean Cayuga Lake group presented to CSAC and would be willing to do a presentation for the Town Board as well. Also Ms. Marino could share the slides from the presentation. They have a resolution for the board to consider related to the salt mines. PUBLIC HEARING: Ms. Olson recommended that the board table this meeting rather than adjourning to keep it open until the next meeting. She then asked for a motion to open the Public Hearing related to a Local Law to Amend the Zoning for Development District 8. Ms. Weatherby made a motion to open the Public Hearing. This was seconded by Ms. Bouchard and passed unanimously. Ms. Olson invited anyone in person who wished to comment on the issue to speak. No one responded. She then asked if anyone online wished to comment. Ms. Liddle said that the Planning Board has sent its recommendations to the Town Board on this topic, agreeing that it makes more sense to amend the law to allow the Planning Board to have greater purview over requested changes that arise for this Development District. Ms. Olson asked again if anyone in person wished to speak. She then asked if anyone online wished to speak. Hearing no requests, she asked for a motion from the board to table the hearing. Mr. Goldman made a motion to table the hearing until the July 9 meeting. This was seconded by Ms. Weatherby and passed unanimously. PRESENTATION: Climate Smart Communities Mr. Skawski shared a Power Point presentation (see Appendix) on grant funding through the NYSERDA Clean Energy Communities (CEC) program. Ulysses is a certified CEC and has qualified to apply for $60,000 in grant funds. By hitting a few more benchmarks, we will be eligible for additional funding. Mr. Skawski shared information on deadlines and the types of projects that the money may be used for. Ms. Marino has been working with Ms. Wright and Mr. Stewart (Highway Superintendent) on this. Ideas: • Insulation/air sealing/heat pumps at the Town Barn • EVs (electric vehicles) • Solar remote net-metering • Electric landscaping equipment • An energy study 3 Mr. Skawski said that if the Town holds an open house for the public to view its heat pumps at Town Hall, it will be eligible for $100,000. Ms. Olson responded that we have been having issues with the heat pumps. NEW BUSINESS: DRAFT CAPITAL PLAN REVIEW FOR FACILITIES AND HIGHWAY FLEET Mr. Stewart discussed ideas for improvements at the town barn (solar panels, heat pumps, cold storage, generator). Mr. Skawski clarified that a gas generator would not qualify for funding but battery storage could if combined with a solar project. Mr. Stewart said that a heating system is a priority. Ms. Olson recommended an energy study to help address this. She does not think an EV is appropriate at this time because of the needs of the bldg/code department related to steep slopes and driveways along the lake that need to be accessed for inspections. The group discussed EV SUVs, electric landscaping equipment, and pricing out generators. Mr. Boggs said that it may be easier and cheaper to get some strip heaters. The group discussed and decided to get quotes for heat pumps as the first priority and an EV as the second priority. RESOLUTION #108 OF 2024: AUTHORIZATION TO GET QUOTES FOR CLEAN ENERGY GRANTS Resolved that the Town Board authorizes exploration of Clean Energy Communities grant quotes for heat pumps town barn and an EV and further Resolved that the Town Board authorizes Michelle E. Wright and Roxanne Marino to be the point people on the project. Moved: Ms. Olson Seconded: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 6/25/24 Ms. Marino clarified that for the $50,000 grant, the Town will need to fund 75% up front. 4 Mr. Goldman made a motion to amend the agenda to add a discuss issues related to Ms. Schneider’s resignation and relations with the Planning Board. This was seconded by Ms. Weatherby and passed unanimously. OLD BUSINESS: DISCUSSION OF A LOCAL LAW TO AMEND DD8 Mr. Tygesen gave an update on the Planning Board’s review of this issue , noting that they are in agreement with the amended law draft as presented. Tompkins County reviews Town zoning changes so is currently reviewing and will have it back by the July 9 th meeting. Ms. Olson asked the board for comments. Mr. Boggs said that this law still doesn’t allow the Moore’s to build their shed , what the Planning Board agreed to is not in the packet, and the local law rewrite does not need to be done. H e suggests that the board get back on track to approve the Moore’s shed roof and address the law separately. Ms. Olson reiterated that the law must be changed in order to allow the Moore’s to do what they want as well as make it so any changes they request in the future can be approved by the Planning Board. Mr. Boggs said that what the board had in front of them was not an approval for the Moores and had nothing to do with their project. Mr. Tygesen said that some of the development districts are created as such that any changes will require an amendment to the law. Mr. Tygesen showed the survey that is part of the DD8 law. Since the survey has been included in the law, no changes to structure can be made without changing the law . Mr. Bogg said that the packet that they have in front of them does not do what Mr. Tygesen said and does not approve the Moore’s shed. Ms. Weatherby said the zoning law change would allow the Moore’s shed to be approved and that the Town Attorney (Nate) agreed that it was necessary. Mr. Boggs disagreed and said that the Mr. Tygesen took it upon himself to rewrite it and questioned whether Mr. Tygesen has approval to do so. Ms. Olson objected to Mr. Boggs’ remarks and said that the Planner acted appropriately by seeing an issue and working to remedy it. Also, the Planning Board did agree to the same draft that is in front of the Town Board. Ms. Liddle explained that her understanding of the topic is that there are 2 issues- the law change and the site plan/property change. The Planning Board supports the law change and is concerned about making the Moore’s wait longer than they need to for their project. Her understanding is that the county only needs to approve the law change and not the Moore’s shed so the Town Board could just approve the shed without waiting on the county. Mr. Tygesen clarified that the Planning Board will need to do a final site plan review. 5 Ms. Liddle asked if the Town Board can ignore the law and just approve the project. Ms. Olson clarified that the current law prohibits a shed, so once the Town Board passes the local law, then the Planning Board can hold their hearing. Ms. Liddle asked if the Planning Board can just go ahead and hold their hearing and approve it after the Town Board approves. Mr. Tygesen said that it is better to wait for the Town Board to make a decision first to avoid the possibility that the Planning would have to hold another hearing if the Town Board decided to make any changes to the law. RESOLUTION REDUCING THE NUMBER OF TOWN COURT JUSTICES FROM TWO TO ONE RESOLUTION #109 of 2024: REDUCING THE NUMBER OF TOWN COURT JUSTICES FROM TWO TO ONE WHEREAS, the Town of Ulysses currently has two Justices for the Town Court; and WHEREAS, the Town Board has determined that it will be in the best interests of the Town to reduce the number of Town Court Justices from two to one due to a reduction in revenue and reasonable case load for a single jurist, pursuant to Town Law § 60 -a; and WHEREAS, the Town of Ulysses scheduled a public hearing for May 14, 2024 at 7 p.m. and notice of said public hearing was duly advertised in the official newspaper of the Town and posted on the Town Clerk’s signboard; and WHEREAS, said public hearing was duly held on the 14th day of May, 2024 at 7 p.m. and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to the proposed reduction of the number of Town Court Justices; and WHEREAS, said reduction of the number of Town Court Justices from two to one shall become effective upon the expiration of Justice Thomas Schlee’s current term on December 31, 2024. NOW THEREFORE BE IT RESOLVED, that the number of Town Court Justices is hereby reduced from two to one as set forth herein above; and RESOLVED, that, pursuant to Town Law §64-a, this resolution is subject to a permissive referendum. Moved: Mr. Goldman Seconded: Ms. Weatherby Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 6/25/24 PARKING LOT PROJECT RATING SHEET REVIEW AND PROCESS 6 RESOLUTION #110 OF 2024: TOWN BOARD APPROVAL OF RATING MATRIX AND STRATEGY FOR PARKING LOT WHEREAS, the Ulysses Town Board has reviewed the rating matrix to be used in the analysis of responses to the request for quotes for the parking lot renovation project; and WHEREAS, the Ulysses Town Board approves of the statistical appropriate method of calculate the group average by excluding the highest and lowest score for each respondent; NOW, THEREFORE, BE IT RESOLVED, the Town Board approves of the rating matrix as presented as well as the method of determining the average score for each respondent; and be it FURTHER RESOLVED, that the Ulysses Town Board approves the Town Board members, Town Clerk, Town Highway Superintendent, and Second Deputy to the Supervisor/Budget Officer per the original ratings and reviews of the ARPA projects. Moved: Ms. Weatherby Seconded: Ms. Bouchard Olson aye Boggs nay Bouchard aye Goldman aye Weatherby aye Vote: 4-1 Date Adopted: 6/25/24 AUTHORIZATION TO PROCURE CFA APPLICATION WITH MRB RESOLUTION #111 OF 2024: TOWN BOARD SUPPORT FOR THE WATER QUALITY IMPROVEMENT PROJECT CONSOLIDATED FUNDING APPLICATION FOR GARRETT ROAD CULVERT REPLACEMENT WHEREAS, the Town of Ulysses, Tompkins County, supports the submission of a 2024 New York State Department of Environmental Conservation (NYS DEC) Water Quality Improvement Project (WQIP) on behalf of the Town to construct improvements to the Garrett Road culvert; and WHEREAS, the NYS DEC provides competitive statewide grant funding through the Non - agricultural Nonpoint Source Abatement and Control project subcategory to make improvements to culverts and the Town of Ulysses considers this project a priority; and WHEREAS, if funding is received, it will allow the Town to replace this deficient culvert and address erosion and aquatic connectivity in the area; NOW, THEREFORE, BE IT RESOLVED, the Town Board, on behalf of the Town, identifies the Town Supervisor as the authorized representative for the project, able to execute necessary documents relative to and as required for this application; and be it 7 FURTHER RESOLVED, the Town Board does hereby accept that they shall provide the required 25% match for all grant funding awarded as a local match in the form of in -kind services or cash contributions hereby appropriated and obligated from the Highway General Fund (i.e. the DA fund); and be it FURTHER RESOLVED, that the Town Board of the Town of Ulysses recognizes and fully supports the submission of the WQIP for a Non -Agricultural Nonpoint Source Abatement and Control grant by MRB Group on behalf of the Town for Culvert Replacement ; and be it FURTHER RESOLVED, that the Town Board of the Town of Ulysses directs the Town Clerk to provide a certified resolution for the grant application. Moved: Mr. Goldman Seconded: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 6/25/24 APPOINTMENT AND PAYRATE FOR RECREATION SUPERVISOR Ms. Olson said that Ms. Kennedy has been working for 1 year under a temporary position that is about to expire. This new title at same pay rate will secure her position. RESOLUTION #112 OF 2024: APPOINTMENT AND ESTABLISHMENT OF PAY RATE FOR RECREATION SUPERVISOR RESOLVED, that the Ulysses Town Board appoints Rachel Kennedy to Recreation Supervisor and sets the pay rate at $23.10 per hour for up to 19 hours per week. Moved: Mr. Goldman Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 6/25/24 USE OF ARPA FUNDS FOR ESTIMATION AND SCOPING PORTIONS OF PROJECTS RESOLUTION # 113 OF 2024: TOWN BOARD AUTHORIZATION TO USE AMERICAN RESCUE PLAN ACT FUNDS FOR PROJECT SCOPING AND ESTIMATE COSTS 8 WHEREAS, the Ulysses Town Board has directed the Supervisor’s office to investigate the scope and estimates for a number of projects for American Rescue Plan Act (ARPA) Funds ; NOW,THEREFORE, BE IT RESOLVED, that the Ulysses Town Board authorizes the use of ARPA funds to offset the $2,795 cost of preliminary scoping and estimates for the parking lot renovation project. Moved: Mr. Goldman Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 6/25/24 CURRY ROAD CULVERT STRUCTURE REPLACEMENT PROJECT UPDATE Ms. Olson offered a brief update, noting that there is a short timeline related to this project. The culvert replacement will likely need to be a pre-cast design. Plans are to begin construction next year. DISCUSSION OF THE COMP PLAN CONSULTANT SELECTION PROCESS: Ms. Weatherby gave an update, informing the Town Board that the CPSC would like the Town Board to make the decision. She shared that the Town Attorney said there is not an actualt conflict interest with either consultant but here may be a perceived one. An ethical barrier could be established to help remedy this. Ms. Olson said that the town board can decide tonight whether to choose a consultant, pursue the ethical barrier, or put it back out to bid. RESOLUTION #114 OF 2024: Resolved that the Town Board select MRB as the consultant for the 2045 Comp Plan update, and Further resolved that the Town Supervisor be authorized to enter into legal negotiations to sign the contract, and Further resolved that the contract will include an ethical barrier. Mr. Boggs said he would prefer to rebid or go with the other consultant (CSCC). Moved: Ms. Weatherby Seconded: Mr. Goldman Olson aye Boggs nay Bouchard aye Goldman aye Weatherby aye 9 Vote: 4-1 Date Adopted: 6/25/24 NEW BUSINESS (cont’d.): CANCELATION OF 2ND MEETING IN AUGUST PER 2022 AND 2023 RESOLUTION #115 OF 2024: CANCELLING THE REGULAR TOWN BOARD MEETING SCHEDULED FOR AUGUST 27, 2024 RESOLVED that the Ulysses Town Board cancels the August 27, 2024 meeting. Moved: Ms. Olson Seconded: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 6/25/24 DISCUSSION OF PLANNING BOARD RESIGNATION Mr. Goldman said that he regrets the way the Ag District inclusion discussion was handled in that the Planning Board’s decision wasn’t carefully considered by the Town Board. Ms. Weatherby said that she agrees. It was a rushed de cision and she wished there had been more time. Mr. Goldman said that the Planning Board should’ve provided the decision to the Town Board in writing. Ms. Olson said that they did receive a memo but only gave the decision and not the rationale. The county legislature said that the board should include a rationale with a decision. Mr. Goldman said that they by the they have fundamentally changed the zoning by allowing the property to be included in the NYS Ag District. Ms. Weatherby and Ms. Bouchard disagreed, based on the Attorney for Town’s interpretation. Ms. Weatherby reiterated that the town’s zoning is not overridden. Mr. Goldman said that unofficially the decision means that. Ms. Weatherby and Ms. Bouchard said that NYS Ag & Markets has no desire to override the Town’s zoning law, based on other conversations they’ve had with them. 10 Ms. Weatherby agreed that communication needs to be improved between the Town Board and Planning Board. Ms. Olson said that sometimes the two boards may disagree but it can be done respectfully. She apologized for the rushed decision. Ms. Liddle said that they (the Planning Board) would have appreciated the time to have a conversation about it and have more information. Ms. Olson took responsibility for the rushed process and stressed the importance of civility in language and actions. Mr. Goldman said that they need to fill Ms. Schneider’s seat and he would like it to be someone with an environmental background. APPROVAL OF MINUTES: RESOLUTION # 116 of 2024: APPROVAL OF MINUTES RESOLVED, that the Ulysses Town Board approve the meeting minutes: 5/28/24 (as amended) Regular Meeting and 6/11/24 Regular Meeting. Moved: Mr. Goldman Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 6/25/24 PRIVILEGE OF THE FLOOR (3 min limit per person): Ms. Marino said that she was surprised that there was not more advance notice for the Ag District inclusion decision because it is an 8 year cycle and the Planning Board was working on it for months. Regarding the Development District discussion, she agreed that the laws are old, difficult to work with, and need to be reviewed and updated one at a time as each is its own law. Ms. Liddle responded to the Ag issue and said that Pete (former Planning Board Chair) and Ms. Schneider had gone to the county to make a presentation on this topic and yet the county chose to act on the Town Board’s decision instead. EXECUTIVE SESSION: Ms. Olson moved to go into Executive Session to discuss matters leading to the appointment, employment, promotion, demotion, demotion, discipline, suspension, dismissal or removal of a particular person or persons. This was seconded by Ms. Bouchard and passed unanimously. Mr. Goldman moved to end Executive Session at 9:29pm. This was seconded by Ms. Bouchard and passed unanimously. 11 CONTINUED DISCUSSION ON AG DISTRICT INCLUSION DECISION: Mr. Goldman said that he didn’t understand why the county would make the decision that they did when they had the Planning Board rationale. Ms. Olson said that Legislator Koreman offered the Town Board to weigh in right before the decision was scheduled so Ms. Olson brought it to the board at that time. APPOINTMENT OF AN ADMINISTRATIVE ASSISTANT TO PLANNING/ZONING/BUILDING CODE ENFORCEMENT AND DPW RESOLUTION # 114 OF 2024: APPOINTMENT OF ADMINISTRATIVE ASSISTANT TO PLANNING/ZONING/BUILDING CODE ENFORCEMENT AND THE DPW RESOLVED, that the Ulysses Town Board appoints Mollie Duell as an Administrative Assistant at a pay rate of $22.66 per hour up to an average of 30 hours per week. Moved: Ms. Olson Seconded: Ms. Bouchard Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 6/25/24 UPCOMING EVENTS June 27 – Town Hall Closed for Phone/IT Upgrades June 28 – Bid opening, June 28th at 12:30pm in Court Room @ Town Hall July 4-5 – Town Hall Closed (Some staff working 7/5; Clerk office closed 7/4-7/5) July 8 – Regular Meeting, 7pm @ Town Hall ADJOURN: Mr. Goldman made a motion to adjourn at 9:32pm. This was seconded by Ms. Bouchard and passed unanimously. Respectfully submitted by Carissa Parlato, Town Clerk 7/3/24 12 APPENDIX: Statement from Rebecca Schneider: With this letter I am formally resigning from my position on the Planning Board of the Town of Ulysses. I have enjoyed serving in this position for about 20 years, and I am pleased to have been able to help in the design and implementation of legislative actions aimed at protecting our critical Town resources while serving the Town's residents. These contributions to the Board have included the Comprehensive Plan, the Conservation and Lakeshore zones, the stream site buffers, deep slope regulations, the fracking moratorium and the town-wide rezoning effort over the decades. I have been honored to work with my associated Planning Board members, as well as Niels and previous Town Planners and Board members, on more than 100 permit applications, and I truly appreciate their collegiality. The sincere, thoughtful, courteous engagement, and their dedication to ensuring the protection of our Town's resources into the future while helping its residents to achieve their individual goals. It is only after serious reflection that I've decided that I am going to resign from the Planning Board at this time. My decision has been catalyzed in the past several months by the situation resulting from the Town Board's actions under the guidance of Town Supervisor Katelin Olson, which allowed a parcel in the Conservation Zone to be added to the Tompkins County Agricultural District. This serious change in the zoning for that parcel now makes it vulnerable to undesirable changes, such as reduced lot coverage, setbacks, or buffers, all which could threaten the unique features and integrity of the Town's Conservation Zone, which safeguard some of our most vulnerable and valuable natural resources. In doing so, the Board disregarded the core goals of the Comprehensive Plan which represents and codifies the Town's interests. It also again goes against the critical rationale for creating the Conservation Zone, which was previously highlighted and commended by the President of the Finger Lakes Land Trust. Importantly, the Town Board showed no respect or appreciation for the Planning Board's alternative recommendation to not support the parcel’s inclusion into the Ag district, continuing what has recently become a trend of poor communications and limited transparency. 13 The Planning Board had carefully developed its recommendation over several months, including multiple discussions, meetings with the Agricultural District representative several times, and presentations to the Tompkins County Legislature. The Town Board's members acknowledged that the decision had been rushed with confusing information, but they did not correct it when given a second opportunity to take the necessary required vote. At this time I feel we can no longer trust the Town Board to hold to the same high standard of commitment espoused by our zoning and Comprehensive Plan, a standard which our Planning Board has steadfastly maintained and honored. I've been pleased to play a key role and continue to be passionate about protecting our Town’s natural resources for this and future generations, but I have numerous other responsibilities, and will spend my times where my efforts, where they will be more valued and impactful. Lastly, I want to say this. In the 20 years I have done this I have come to totally respect what town governance is. I had no idea the amount of work you all put in is mind boggling, and it just keeps getting bigger and more, and you constantly have to be vigilant against all the things you deal with. It's easy, and I see how easy it is to get overwhelmed, depressed, cynical, give up, and you can't do it. We really believe in you. We elect you to do what's right for the Town, so please, I hope you will take a little note from one person who said, I care about what you do, and when you don't take the time to do the right thing, it affects everything. So thank you for all your efforts. It's been great serving on the Board. CEC Grant Funds Presentation for Ulysses Town Board – 6/25 Chris Skawski, Clean Energy Communities Important Dates •August 28, 2024 – Current Grant Proposal(s) Due •October 1, 2024 – Grant amounts reduced •December 31, 2025 – Last Day to Submit for CEC Points/Grants Ulysses Grant Status •Two Grants Awarded for Past Participation, 3k Point Achievement •$10,000 - Does not require contract if used alone •$50,000 – Will require contract with NYSERDA to use any of it •Proposals for both grants due August 28th, 2024 •Either can be combined with previous $5,000 award Projects Fund-able by CEC Grants •Building Heat Pumps •Insulation/Air Sealing with appropriate Audit or CEC Energy Study •Audits can be purchased with CEC funds, but take time •EVs for fleet use* •Solar, either roof, ground, or parking lot, and remote net-metered* •Landscaping Equipment Scenario 1 •Town commits to installing Building Heat Pumps in Highway Garage Office using $10,000 Grant Award •Likely requires town to pay some out of pocket costs •Quickest path to spending money •$50,000 Grant Award is used to purchase EV for fleet and/or Ground- Mount Solar at Highway Barn Site Scenario 2 •Town combines grant awards, spends $65,000 total award between the following projects: •Building Heat Pumps for Highway Garage •Electric Vehicle •Solar, including ground mount, remote net-metering •Landscaping Equip. if desired Scenario 3 •Town uses $50,000 award to purchase CEC Energy Study for Highway Facility, commits funds to EE measures and heat pumps •$10,000 award and $5,000 award are put towards EV, Landscaping, or Solar as desired Other Considerations •CCE Staff available for technical support, document preparation, contracting, etc. •Town is close to $100,000 award •Town can earn free audit through Benchmarking