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HomeMy WebLinkAbout2021-03-07 Town Board MinutesRoll Call : Town of Danby Town Board Second Regular Monthly Board Meeting + Public Hearings Wednesday, 17 March, 2021 at 7:00 PM via Zoom Video Conferencing Meeting Minutes Town Board Town Planner Town Code Enforcement Officer Recording Secretary Joel Gagnon, Supervisor Leslie Connors Jim Holahan Sarah Schnabel Matt Ulinski David West Steve Cortright Janice R. Adelman, Town Clerk 1. Call to Order at 19:01 2. Public Hearings 2.1. Proposed Local Law to Exaand Deoutv Hiehwav Superintendent Residencv Eligibilit Hearing opened at 19:02 Public Attendee,Ted Crane, noted that section 3 refers to the Deputy Highway Superintendent as either an elected or appointed position; by NYS law, it is always an appointed position. Hearing closed at 19:04 2.2. Proposed Local Law to Adopt the West Danby Water District Operating Policy This public hearing was erroneously advertised in the Ithaca Journal Legal Notices section as 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 Zone see also: Land Use Moratorium FAQ 2.3.1. Public hearing opened at 19:07. Town Planner David West began with a brief presentation to offer background information 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 areas with different levels of development and different amounts of priority that people would say needs to be preserved. Currently Danby has a blanket approach insofar as all of the varying levels of development in different areas have the exact same zoning which doesn't make sense. Town of Danby Town Board Meeting + Public Hearings 17 March 2021 2.3.1.1.2. How much input, other than development of this, do the citizens of Danby have in whether or not these zoning changes are adopted? The authority to adopt zoning is the town board. The public does have the opportunity 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 acres wanting to subdivide one lot or are we talking about subdividing 100 acres and turning it into another Buttermilk Falls? Yes, those are both subdivisions; there are different kinds of subdivisions. The proposed moratorium is a stop on all subdivisions, small and large, for nine months. Note that a subdivision typically takes four or five months from application to approval. 2.3.1.2.2. Has the town considered sending letters to large land owners before considering the moratorium prior to enacting said moratorium? No, but this is more a question for the Board. That said, the point of enacting a moratorium is to press pause without announcing it much in advance nor having much back -and -forth discussion as it defeats the purpose by prompting a 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 change or 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 against Dan Klein Toby Dean Clare Fewtrell Ted Crane Nancy Medsker Ronda Roaring Katharine Hunter Jeremy Holmes Betsy Keokosky public hearing closed at 20:11 3. Additions/Deletions to Agenda Kim Nitchman Carol Bushberg Annette Feeney Kevin Feeney Hayden Brainard 3.1 Prepping for in -person meetings to include videoconferencing 3.2 Resolution authorizing transfer from General Fund Balance to Attorney Budget 3.3 Resolution authorizing grant application for Bridge NY by T.G. Miller 3.4. Re -appoint Elizabeth Lamb 3.5. Delete Water District Policy from Old business 8.3 3.6. Ulinsksi - Let's pause at 9:00 and vote on what we want to talk about 4. Privilege of the Floor 4.1. Correspondence - none 4.2. In -Person - none 5. Announcements - none Page 2 of 8 Town of Danby Town Board Meeting + Public Hearings 17 March 2021 6. Reports - none 7. Approval of Consent Agenda 7.1. Warrants 7.1.1. General Fund Abstract 6: Vouchers 77-97 for $49,968.30 7.1.2. Highway Fund Abstract 6: Vouchers 52-69 for $82,811.60 7.1.3. Water District Abstract 6: Voucher 13 for $510.67 7.2. Minutes 7.2.1. 12 October 2021 Town Board Meeting 7.2.2. 21 October 2021 Town Board Meeting 7.2.3. 8 February 2021 Town Board Meeting 7.2.4. 17 February 2021 Town Board Meeting Resolution 61 of 2021 To Approve The Consent Agenda Moved By: Connors Seconded By: Vote: Councilperson Aye No Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 610 approved. Holahan Absent 8. Old Business 8.2. Re -imagining Public Safety This will affect people in Danby so Councilperson Schnabel wanted it to be included in case anyone had comments on it. She is in favor of the report's recommendations. No additional comments were offered. 8.4. Deputy Highway Superintendent Residency Local Law Resolution 62 of 2021 To Pass Local Law #1 Moved By: Ulinski Seconded By: Connors Vote: Councilperson Aye No Absent Connors X Holahan X Page 3 of 8 Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Schnabel X Ulinski X Gagnon X Resolution 62 approved. 8.5. Subdivision Moratorium Local Law Resolution 63 of 2021 To Pass Local Law #2 of 2021: Moratorium on Subdivision in the Low Density Residential Zone Moved By: Schnabel Seconded By: Connors 8.5.1. Councilperson Schnabel acknowledged the two main arguments from those in opposition to the moratorium: (1) that the action was too quick; and (2) that it takes away landowners' rights. On the first point, Schnabel noted that the point of a moratorium is to move quickly. On the second point, she noted that it is not removing landowner rights, but is a temporary pause; the Town Board has the authority to make zoning changes at any point and with a moratorium in place it allows making changes in a thoughtful manner without being pressured by any type of subdivision. Although the town is currently dealing with smaller subdivisions, we don't want to wait until there is a large subdivision to consider something like this. 8.5.2. Councilperson Holahan thanked everyone for coming out and appreciated hearing everyone'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, Holahan replied that West's presentation indicated Planner West's readiness to take it on which is critical given the extent to which the Planner will be involved. In addition the Planning Board and the Planning Group will be involved, while the Town Board agreed to hold additional meetings if necessary. Holahan also has a hard time thinking that this action might be taking away someone's rights in the town; however he feels that it is necessary to have an opportuntiy to address the development that is happening and that is coming here —the intent is not to take that piece of property that a person or family has held for a long time and not allow that landowner to do what they want with it. Rather it's to be able to have a better Danby, to be more inclusive, to keep our rural character, have a place where we want to live and not have little houses popping up all over. Having this moratorium would be an opportunity to make all of those positive effects happen. 8.5.3. Councilperson Connors agreed with almost everything that's been said. She was really glad so many people came to tonight's meeting and acknowledged that the action feels quick. However, she noted that the time is right; if we don't do something drastic 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 moratorium the last time the topic had been raised because he didn't feel the Board was in a place where 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 point and the moratorium is a way to encourage that group to start coming from ideas to realization; this will hold everyone's feet to the fire to do this. Ulinski noted that there has to be a way to communicate well with the public about this. That is, when Page 4 of 8 Town of Danby Town Board Meeting + Public Hearings 17 March 2021 meetings will be occurring, what will be discussed, and having information front and center on the website, along with a schedule of the extra Board meetings and potential public communications on the calendar now. Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 63 approved. Resolution 64 of 2021 To Hold A Meeting on the Third Monday of Every Month at 7pm to 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 X Resolution 64 approved. 8.6. NYS Public Employer Public Health Emergency Plan by Governor Cuomo's Executive Order made in September 2020, to put a plan in place by April 1, 2021 8.6.1. 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 therein the plan? The plan is reviewed an an annual basis and would be amended as necessary to make it a living 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 an emergency responder with the Fire Company and his involvement on the town's behalf in the county emergency management planning. 8.6.3. Requested Modifications to the Plan from the Board: Page 5 of 8 Town of Danby Town Board Meeting + Public Hearings 17 March 2021 8.6.3.1. The Board recommended to modify the document so that it refers to the Emergency Management Coordinator consistently (and not the Code Enforcement Officer/Emergency Management Coordinator). Then appoint the qualified person to the EMC role. 8.6.3.2. Change the appointment process to be done by the Town Board at the annual 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 be done by each department" to read "hour tracking and work locations will be tracked by each department". 8.6.4. After changes are made, wait for the Labor Union's response and vote on this at the April 12 Board meeting. 8.7. NYS Stretch Energy Code 8.7.1. Cortright provided a brief overview of the Stretch Energy Code, a more stringent energy code that is being offered by New York State for municipalities to decide whether or not to adopt. It is essentially one or two code cycles ahead of the currently accepted energy code; NY State will presumably adopt a new energy code in 2023. 8.7.2. This is being discussed because it is one of the things a municipality can do to get points 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 through the State; Danby does not have a local building code but uses the NY State building code. 8.7.4. The question for the board tonight is whether or not we should consider adopting it; 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 application This is simply endorsement of a letter of support for a $70,000 grant application to the Park 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 Page 6 of 8 Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Ulinski X Gagnon X Resolution 65 approved. 9.2. Authorization to Transfer Money from General Fund Balance to Attorney Budget Resolution 66 of 2021 To Further Fund the Attorney Expense Account for 2021 WHEREAS, whereas the Attorney account budget for account number A1420.400 is overspent for the year because of unforeseen situations presented to the town for litigation, BE IT RESOLVED, the Town Board approves the amount of $20,000 to be transferred from the fund balance of the General Fund to the Town Attorney budget line, A1420.400, to cover 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 X Resolution 66 approved. 9.3. Authorization for Contracting Services of T.G. Miller for grant application for Bridge NY Resolution 67 of 2021 To Contract the Services of T.G. Miller to Submit a Grant Request on Behalf of the Town for Bridge New York Funding WHEREAS, the State of New York is making available another round of Bridge New York Funding, and WHEREAS, the Highway Department recognizes the need to replace the culvert on Michigan 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 Michigan Hollow Road. Moved By: Connors Seconded By: Holahan Page 7 of 8 Town of Danby Town Board Meeting + Public Hearings 17 March 2021 Vote: Councilperson Aye Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 67 approved. No Absent 9.4. Prepping for in -person meetings to include videoconferencing Gagnon, Schnabel, & Adelman will meet with Ren6 Carver next week to discuss how to implement 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 X Resolution 686 approved. 10. Discussion of Next Meeting Agenda 10.1. Public Health Emergency Plan 10.2. In -Person Public Meetings 10.3. Water District Operating Policy 11. Adjourn at 21:39 Submitted by Janice R. Adelman Town Clerk