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HomeMy WebLinkAbout2021-04-21 Town Board MinutesTown of Danby Town Board Regular Second Monthly Board Meeting + Public Hearings Wednesday 21 April 2021 at 7:00 PM via Zoom Video Conferencing Meeting Minutes Roll Call : Town Board Joel Gagnon, Supervisor Leslie Connors Jim Holahan Sarah Schnabel Matt Ulinski Town Justices Garry Huddle Theresa Klinger Town Planner David West Town Bookkeeper Laura Shawley Recording Secretary Janice R. Adelman, Town Clerk 1. Call to Order at 19:02 by Town Supervisor Joel Gagnon 1.1. Additions/Deletions to Agenda 1.1.1. Add resolution to participate in community campaign for clean heat 1.1.2. Councilperson Ulinski, in the wake of online/email discussion around renters versus owners and how they contribute to the benefit of Danby, wants to create a resolution that supports everyone in this town regardless of property ownership. 2. Public Hearings 2.1. Open Development Area Proposal at 250 Marsh Road 2.1.1. Hearing opened at 19:07. 2.1.2. Planning Board held its own public hearing to consider the matter, then made recommendations to the Town Board. The proposal now comes back to the Town Board to decide. 2.1.3. Summarized responses: All those who spoke in favor All those who spoke against Hayden Brainard Ted Crane Katharine Hunter Ronda Roaring Ruth Wimsatt Bruce Richards 2.1.4. Hearing closed at 19:20 2.2. Local Law to Amend Real Property Maintenance Law to Name The Code Enforcement Officer as the Enforcing Official 2.2.1. Hearing opened at 19:21 2.2.2. Summarized responses: All those who spoke in favor All those who spoke against Ronda Roaring Town of Danby Town Board Meeting + Public Hearings 21 April 2021 2.2.3. Hearing closed at 19:22 3. Privilege of the Floor 3.1. Ronda Roaring spoke in response to Councilperson Ulinski's renter vs property ownership suggested resolution by stating that the Census Bureau requires enumerators to gather this information as they have for decades. Roaring believes that many municipalities rely on this information for planning and zoning and doesn't understand why Councilperson Ulinski would find this question onerous. 3.2. Katharine Hunter supports what Councilperson Ulinksi suggested and is glad to have renters in the Danby Community knowing how much they can be involved in any community. 4. Correspondence 4.1. New Danby Residents Needing Spectrum Wiring 4.1.1. Resident Carol Bushberg noted that some clients are happy using Elon Musk's Starlink satellite option; worth looking into. 4.1.2. Councilperson Schnabel noted a similar situation in a different county where they created a neighborhood petition that all of the houses that were not serviced by Spectrum would be willing to sign up with their service if Spectrum were to lay the cables. 4.2. Report from Marnie Kirchgessner re Recreation Partnership and County Youth Advisory Board 5. Announcements 5.1. Progress on South Hill Recreation Trail extension 5.1.1. After long negotiations with NYSEG about what kind of access the Town could get and under what terms, they have offered a perpetual easement on the property, retaining the right to shared use, to co -exist with us in the town's use of the trails. 5.1.2. Under the proposed agreement, even if NYSEG were to bury lines or electric or what -have -you, they would do their work and then put the trail back the way it was. 5.1.3. The framework for doing this remains to be worked out. It could be an agreement with one municipality or jointly with all municipalities. The framework is expected to be finalized in the next month or two. 6. Consent Agenda 6.1. Warrants 6.1.1. General Fund No 8 Vouchers 121-134 for $8,745.33 6.1.2. Highway Fund No 8 Vouchers 86-93 for $8,950.59 Resolution 77 of 2021 To Approve Consent Agenda Moved By: Connors Seconded By: Schnabel Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Page 2 of 8 Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Ulinski X Gagnon X Resolution 77 approved. 6.2. Town Bookkeeper Laura Shawley noted that there are some bills from Halco related to the grant we had received that were not included in the abstract. Shawley would like Councilpersons Holahan and Ulinski to do an inspection before paying the approximately $39,800 bill due. Resolution 78 of 2021 To Allow Laura Shawley to Pay the Halco Invoice Contingent upon Town Board Members' Inspection of the Work Moved By: Ulinski Seconded By: Connors Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 78 approved. 7. Old Business 7.1. Authorize video conference participation expenditure 7.1.1. Discussion 7.1.1.1. Town Clerk Adelman proposed considering the Televic company's offerings as their equipment and expertise is specifically for hybrid council meetings. They offer easy plug -and -play options for piping Zoom into the units as well as an automated camera that pans to between the various speakers, including audience members who approach the mic, and the room at large. 7.1.1.2. The downside was the increased price tag of up to $13,300 for the camera tracking solution. Clerk Adelman made the argument to invest in a sturdy and long-lasting solution rather than throwing money away on a quick fix that would not meet our needs down the line. 7.1.1.3. Some felt that the plan to buy a webcam, a TV, a cart, and cables was the same cobbling attempt that has been implemented in the past; others felt it was not cobbling but trying to find the best equipment at the cheapest price. 7.1.1.4. It was noted that the recently passed American Rescue Plan funding was available specifically for things like this that would bring municipalities into this new era of technology. Resolution 79 of 2021: Authorize Video Conference Participation Expenditure: Page 3 of 8 Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Whereas, the Town Board wants to continue video conferencing ability for Town meetings after the expiration of NYS Executive Order No. 202, and Whereas, the Town has consulted Rene Carver about video conferencing solutions for the Town's main meeting room, so, therefore, be it, Resolved, that the Town Board authorizes expenditure of up to $2100, from budget line A1620.410 - Information Technology, for the purchase of: a 55" or 65" TV, a TV cart, a camera and microphone, wireless keyboard with trackpad, and miscellaneous cabling, and be it Further Resolved, that the Town Board authorizes the Town Supervisor to enter into a contract with Rene Carver for an amount not to exceed $1200, from budget line A1620.410 - Information Technology. The contract will be for professional assistance with design, installation, and training for the video conferencing system. Moved By: Gagnon Seconded By: Holahan No further discussion. Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 79 approved on 21 April 2021. 7.2. Consider adopting Marsh Road Open Development Area Link to 250 March Subdivision Application Resolution XX of 2021: Adoption of Open Development Area for 250 Marsh Rd: Whereas, The Town Board directed the Planning Board to review the proposal for an Open Development Area at 250 Marsh Rd. to advise and recommend any conditions as may help enable and minimize any negative impacts from the subdivision and development of the parcel, and Whereas, The Planning Board advertised and held a public hearing on the Open Development Area at a Special Meeting of the Planning Board on March 31st, and Whereas, The Planning Board after discussing the proposal with members of the public in attendance did provide guidance to the Town Board, and Page 4 of 8 Town of Danby Town Board Meeting + Public Hearings 21 April 2021 Whereas, The Town Board has reviewed the guidance provided by the Planning Board and the potential impacts from approving an Open Development Area versus the impacts that could or would occur from developing the site without an Open Development Area, whether pursuant to obtaining building permits, seeking formal subdivision reviews and approvals, or other methods of implementing land development rights, and Whereas, The Town Board finds that developing the parcel(s), as proposed, and utilizing the existing access easement on the abandoned portion of Deputron Hollow Rd., is in keeping with the Comprehensive Plan by protecting rural character and minimizing environmental damage while also promoting the orderly development of land in this particular area of the Town. So, therefore, the Town Board of the Town of Danby has resolved and determined as follows, so be it Resolved, that the Town Board does hereby adopt an Open Development Area that applies to Parcel 502200-12.-1-21 also known as 2S0 Marsh Rd., with the following conditions: • Access must be provided using the abandoned portion of Deputron Hollow Rd. and the access way must be preserved at it's current width, as much as possible, with any widening or tree removal limited to the minimum impact required for safe emergency access. • Future development of residential structures must be limited to the development area outlined on the subdivision application. • The Planning Board must document conformance with the Town of Danby Comprehensive Plan in protecting the rural character of the area in its review of any subdivision application. • As a condition to subdivision the applicant must dedicate a conservation easement limiting future development potential, with (i) a maximum of 2 existing homes on Parcel B; (ii) 1 new home on Parcel C, and (iii) and one Accessory Dwelling Unit on Parcel C, with (iv) no new homes or residential structures to now or hereafter be located or emplaced upon Parcel A. • A mutual access and maintenance agreement between affected property owners for the shared access drive is required, in a form as approved by the Town, including as to ensure continuing emergency access, prior to subdivision final plat approval. Moved By: Gagnon Seconded By: Schnabel 7.2.1. Discussion 7.2.1.1. Councilperson Schnabel stated that overall this is the Town's best option in terms of environmental concerns, but questioned whether or not it should be voted on tonight if some Board members have not had the chance to read the application and the conservation easement that it's tied to. 7.2.1.2. Supervisor Gagnon also noted that the conservation easement has not been finalized but provide an update stating that multiple changes had been made Page 5 of 8 Town of Danby Town Board Meeting + Public Hearings 21 April 2021 which were entered into a document using track changes. This document was reviewed by Gagnon and CAC Chair Clare Fewtrell. The document was then reviewed by Town Attorney Guy Krogh and received by Gagnon today to be shared with the applicants' attorney Hayden Brainard. Gagnon reiterated that nothing in the revised document changes what the Town Board has already agreed to: — limits the subdivison to the three lots proposed with no further possibility to subdivide — allows the two proposed dwelling units on Parcel B, nothing on Parcel A, and one on Parcel C with the potential for an accessory dwelling unit in the future. 7.2.1.3. Supervisor Gagnon further described that the subdivision approval is contingent upon the ODA being approved; if not, then it needs to be reworked to incorporate access by road instead of by easement and driveway. Thus the ODA will enable the access by driveway. 7.2.1.4. Supervisor Gagnon concluded that if the ODA is approved tonight then the Planning Board would be able to complete the review and potentially approve the subdivision at the next meeting. 7.2.1.5. The Town Board members discussed whether the modified documents Gagnon described would mean they were voting on something that they had not fully reviewed prior to now. 7.2.1.6. Councilperson Schnabel had one specific issue around the two types of values —natural and exceptional. Only one of those is protected in the Ag & Forest zone; what's included in as a natural value is the fact that the location is the headwaters for Six Mile Creek so there's no extra protection in there. In section 2.02a, instead of providing protection for the unnecessary impact of exceptional values, Schnabel recommended adding protection for the unnecessary impact on both natural and exceptional values. 7.2.1.7. None of the Town Board wanted to vote on this tonight without seeing all of the documents in their final form. 7.2.1.8. Attorney Hayden Brainard asked for clarification about what exactly will happen between now and the next meeting. — Brainard will review the draft prepared by Guy Krogh. — Determine acceptability by Wimsatts. If the Wimsatt's agree that it's perfect and sign it, what will happen at the next board meeting? — The Town Board can review and respond in writing possibly before the next board meeting. 7.2.1.9. Supervisor Gagnon withdrew the motion. 7.3. Possible appointment to TCCOG Broadband Committee 7.3.1. Councilperson Schnabel received notice from Zachary Lind, CIO at Ithaca City School District, that he is interested in being the Danby rep. 7.3.2. Gagnon thought that Ric Dietrich was interested; Councilperson Ulinski has conferered with Dietrich that he is interested but may not be the best fit for the role. 7.3.3. Ulinski will discuss with Ric again. 7.3.4. Item tabled until May 10 meeting. 7.4. Possible Adoption of Local Law No 4 of 2021 to Amend Real Property Maintenance Law Link to Draft SEQR for Adoption Page 6 of 8 Town of Danby Town Board Meeting + Public Hearings 21 April 2021 7.4.1. Short Environmental Assessment Form for Adoption Resolution 80 Moved By: Gagnon Seconded By: Connors Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 80 approved on 21 April 2021. Resolution 81 to Adopt Local Law No 4 of 2021 Moved By: Schnabel Seconded By: Holahan Vote: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 81 approved on 21 April 2021. 8. New Business 8.1. Community Campaign to Reduce Energy Use Resolution 82 of 2021: Approving Town of Danby Participation in a Community Campaign to Lower Resident Energy Costs WHEREAS, NYSERDA is currently offering generous incentives for low -to -moderate income households for insulation and air sealing, energy efficient heat pumps, and heat pump water heaters, and WHEREAS, some of these incentives are time limited, and WHEREAS, HeatSmart Tompkins is offering municipalities the opportunity to participate in a Campaign for Clean Heat to provide information and coordinate resident sign-ups for these services, and WHEREAS, the campaign offers residents free assessments for home energy improvements, and Page 7 of 8 Town of Danby Town Board Meeting + Public Hearings 21 April 2021 WHEREAS, successful participation in this campaign will result in greater comfort and energy savings for participating households and potential grant funding for the Town, and WHEREAS, the Danby E+S (Energy + Sustainability) committee wishes to partner with HeatSmart Tompkins on this campaign, and WHEREAS, the Campaign will include a Clean Heating and Cooling Webinar in early May or June that will be open to all residents, and WHEREAS, the Town of Danby wishes to help residents lower their energy costs, and to promote clean indoor and outdoor air, now THEREFORE BE IT RESOLVED, that the Danby Town Board hereby approves Town participation in the HeatSmart Tompkins Campaign for Clean Heat from 4/21/2021 to 12/31 /2021. Moved By: Holahan Seconded By: Connors Full Disclosure from Councilperson Schnabel that her company installs these heat pumps. Vote: Councilperson Aye No Abstain Connors X Holahan X Schnabel X Ulinski X Gagnon X Resolution 82 approved on 21 April 2021. 9. Discussion of Next Meeting Date & Agenda 9.1. Councilperson Ulinski to draft resolution supporting renters and new residents. 9.2. ODA vote 9.3. TCCOG Appointment 9.4. Workplace Violence? 10. Adjourn at 21:00 Submitted by Janice R. Adelman Town Clerk