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HomeMy WebLinkAboutTB 2020-09-14 DRAFT Minutes DRAFT-Pending Board Approval Town Board_Minutes_20200914 •Monday, September 14, 2020Page 1 of 6 Danby Town Board Minutes of Regular Meeting September 14, 2020, 7pm, via Zoom Videoconferencing Present: Councilpersons: Leslie Connors, Joel Gagnon (Supervisor), Jim Holahan, Sarah Schnabel, Matt Ulinski Others Present: Town Clerk Alexandra Pfeifer Justice s’ Garry Huddle and Theresa Klinger Bookkeeper Laura Shawley Planner Jason Haremza Code Officer Steve Cortright Public Dale Lewis Billington, Bruce Richards, Ted Crane, Jonathan Joseph, A. Feeney, F. Feeney, Ali Sribarrarra, Brooke, Ronda Roaring, Henry’s iPad, Khari, Tobias Dean, Kim and Russ Nitchman, Jamie Sorrento, Katharine Hunter, Ted Jones, Jody Scriber, Mary Woodsen Budget Session Opened at 6:04pm (add discussion) Budget Session Closed at 7:00pm Public Hearing-Amending Zoning Ordinance Opened at 7:01pm (add discussion) Public Hearing-Amending Zoning Ordinance Closed at 7:08pm Public Hearing-Tax Cap Override Opened at 7:08pm (add discussion) Public Hearing-Tax Cap Override Closed at 7:13pm Meeting Opened at 7:13pm Additions and Deletions to the Agenda (add discussion) Correspondence The following message was sent via email on September 13, 2020 at 8:13am. The message was sent to members of the Town Board, the Town Planner (Jason Haremza), the Town Code Officer (Steve Cortright), Ted Crane, Margaret Corbit, and the Town Clerk. All: I was asked to census yet another seasonal dwelling in Danby yesterday. This one was on Troy Rd. Seasonal dwellings was one of the first issues I brought up to Joel, Steve and Jason in the beginning of the year. I view seasonal dwellings as a huge problem as they often don't have a mailing address, they haven't been built with a permit, can be eyesores, and some are not being taxed. Let's take for example, the trailers on Mike Hanlon's (dba Cotton -Hanlon) land on Howland Rd. He leases these parcels to hunters for thousands of dollars every year. Here's what his website says: Have you been thinking about building a cabin on your lease? Tired of the early morning drive? Wish you could just step out the door and start hunting? Each year we allow two cabins to be built, maybe this is the year to construct one on your lease. Please contact us for the details. And that's why there is unpermitted building on his land, because he thinks he has the right to grant permission. DRAFT-Pending Board Approval Town Board_Minutes_20200914 •Monday, September 14, 2020Page 2 of 6 Ronda Roaring The following message was sent via email on September 13, 2020 at 10:01am. It was sent to members of the TB, Jason Haremza, Margaret Corbit, and the Town Clerk. Ted asked for Cotton Hanlon's website. Here it is: https://www.cottonhanlon.com/ Ronda Roaring The following message was sent via email on September 13, 2020 at 9:14am. It was sent to the Town Board, the Town Clerk, Ted Crane, Laura Shawley, Margaret Corbit, and Joan T. Oldroyd (DEC) All: I was on Peter Rd. yesterday afternoon driving toward Roe Rd. (Candor) when three ATVs came in my direction and turned down Brenda Lee Lane. My intention was to catch up with them, but I was "outgunned" by the speed at which they went down the road. They turned down Howland Rd. and onto South Danby Rd. As you know, ATVing is legal on roads in Candor, but it's not legal on 96B, yet I've been on 96B when they've been riding on the road. 1) No roads in Danby are open to ATVing, so they are riding on our roads illegally, using them as their playground. 2) These Candor ATVers are destroying roads like Brenda Lee Lane and Traver Rd. 3) They destroy the peace and tranquility of South Danby. 4) A number of years ago, an ATVer zoomed past my house going south. A few minutes later, he was dead, having been hit by a car. ATVing on South Danby roads is dangerous for both the ATVers and people who have a legitimate right to use the roads. My feeling is that the Town of Candor should pay for the repair of Brenda Lee Lane and Travor Rd. Therefore, I am asking you to do the following: 1) Post no -ATVing signs on all roads in South Danby. 2) Instruct Jack Shawley to meet with the Candor Town Board to discuss the matter and to insist that Candor rescind the right to ATV on roads around South Danby and pay for damage to South Danby's roads. Ronda Roaring The following message was forwarded to the Town Clerk on September 11, 2020 at 9:08am. It was originally sent on September 11, 2020 at 8:59am to members of the Town Board and Ted Crane. Town Board: Since Covid and the closing of the Town Hall no one has been able to buy a hunting, fishing or trapping licenses in the Town Hall, and I have heard no one complain. On the other hand, sales of these licenses have been available from the DEC either online or by phone at far more convenient times than the Town could ever provide--basically 24/7 online. • Buy your sporting license online here • By Phone: 1-866-933 -2257 (Beginning August 10, the DEC call center is accessible from 8 AM to 7 PM, Monday through Friday and from 9 AM to 5 PM on Saturdays through October 1. Regular call center weekday hours will resume on October 2 These licenses are also listed as being available from the Ithaca Walmart and the Ithaca Dick's. I am asking you again, based on the overwhelming availability provided by the DEC and others AND because this is not an appropriate duty of the Town Clerk, to discontinue the Town's relationship with the DEC. Thank you for your consideration of this matter. Ronda Roaring DRAFT-Pending Board Approval Town Board_Minutes_20200914 •Monday, September 14, 2020Page 3 of 6 Privilege of the Floor (add details) Gary Huddle Kim and Russ Nitchman, Kevin Feeney, Ted Crane, Katharine Hunter and Jonathan Joseph all spoke in favor of the Planning Group’s Tax Policy Proposal for Tax Abatement through Conservation Easements Matt Ulinski Approve Minutes Gagnon requested that the minutes of June 8 be deferred for approval because he was unsatisfied with the wording of the paragraphs re: the Planning Group enabling resolution and it’s relationship with the Planning Board and CAC. RESOLUTION NO. 94 OF 2020- APPROVE MINUTES Moved, That the Town Board of the Town of Danby approves the minutes of June 17 and June 29, 2020. Moved by Schnabel, Second by Ulinski. The motion passed. In Favor: Connors, Holahan, Schnabel, Ulinski, Gagnon Justices’ Report (add report) Code Report (add report) Planner’s Report/White Hawk EcoVillage Resolution Haremza began his report, but then yielded the floor to Ali Scrirabba, who is a resident of the White Hawk EcoVillage. She explained that this is a grant to help support build lower to moderate income buyers build homes in the White Hawk EcoVillage. The grant would cover the building of 4 -6 homes and would aid in the building of those homes. (add more of Jason’s report) RESOLUTION NO 95 of 2020-Town of Danby support for affordable housing at White Hawk 1. Whereas, Tompkins County, in partnership with Cornell University and City of Ithaca, has created the Community Housing Development Fund (CHDF) grant program to support affordable housing throughout Tompkins County; and 2. Whereas, the Town of Danby Comprehensive Plan, adopted September 22, 2003 and amended September 12, 2011, includes the following objective and strategies [emphasis added]: Objective A1.2: Create and support opportunities for diversity and quality in Danby's housing Strategies: A1.2.1 Develop a housing plan that realistically provides for a full range of housing options for all Danby residents. A1.2.2 Identify and apply for funding to support housing rehabilitation, homeowner's repair clinics, and low -income housing assistance; and 3. Whereas, the Town of Danby Community Housing Needs Assessment report, completed in February 2020, noted on page three that 348 home owners (25% of all owners) in Danby are considered cost burdened with housing expenses (American Community Survey). In addition, the Community Housing Needs Assessment report noted on page 10 that for households with income below $45,000, home ownership is a struggle. Current lower income owners spend significantly more of their income on housing expenses (mortgage, taxes, insurance) than higher income households, while families seeking a home in sound condition and priced below $150,000 have trouble finding such a property in Danby. On page 14 the report noted that the need for affordable housing for households with incomes below $30,000 is even more acute; and 4. Whereas, White Hawk Ecovillage, located off Route 96B adjacent to Central Danby Hamlet, is preparing an application to use Community Housing Development Fund (CHDF) grant funding to build four to six homes as part of the planned and approved 30 homes in White Hawk Ecovillage; and 5. Whereas, funding from the CHDF would ensure that at least a portion of the 30 homes at White Hawk would be accessible to low to moderate income families. Maintaining White Hawk as an affordable community is one of the goals of White Hawk and this grant is an important way to advance this goal. White Hawk will be partnering with Tompkins-Cortland Habitat for Humanity on this proposal so that one to two of the homes built using grant funds from DRAFT-Pending Board Approval Town Board_Minutes_20200914 •Monday, September 14, 2020Page 4 of 6 CHDF will be Habitat for Humanity homes. 6. Now Therefore, be it resolved, that the Town Board of the Town of Danby supports White Hawk Ecovillage in its application to Tompkins County Community Housing Development Fund Moved by Connors, Second by Holahan. The motion passed. In Favor: Connors, Holahan, Schnabel, Ulinski, Gagnon Town Clerk’s Report The Town Clerk reported that $1,185.83 was paid to the Town Supervisor. $607.37 was disbursed to the NYS DEC for DECALS. She also added that the Clerk ’s office started selling Hunting/Fishing Licenses at the beginning of August and that the business has been steady. She said that selling Hunting Licenses is a service the Town provides, and that residents appreciate being able to buy hunting licenses at the Town Hall. The Clerk also reported the disbursement of $22.50 to the NYS DOH for one marriage license, and $42.00 to the NYS Animal Population Control Program (Spay and Neuter Fees). Warrants RESOLUTION NO. 96 OF 2020-GENERAL FUND #299-319 for a total of $12,553.07 Moved by Connors, Second by Schnabel . The motion passed. In Favor: Connors, Holahan, Schnabel , Ulinski, Gagnon RESOLUTION NO. 97 OF 2020-HIGHWAY FUND #160-173 for a total of $7,068.48 Moved by Connors, Second by Ulinski. The motion passed. In Favor: Connors, Holahan, Schnabel , Ulinski, Gagnon RESOLUTION NO. 98 OF 2020-WEST DANBY WATER DISTRICT FUND #26-30 for a total of $340.63 Moved by Connors, Second by Ulinski. The motion passed. In Favor: Connors, Holahan, Schnabel , Ulinski, Gagnon Flag Policy (add discussion) RESOLUTION NO. 99 OF 2020- ADOPT THE TOWN OF DANBY FLAG POLICY Moved, That the Town Board of the Town of Danby approves and adopts the Flag Policy as amended. The Town Board will review Flag Policy every year. Moved by Ulinski, Second by Schnabel . The motion passed. In Favor: Connors, Holahan, Schnabel , Ulinski, Gagnon Tax Policy Proposal There was an extensive discussion among board members and the public before the Tax Policy Proposal was voted on. TB members passed the Proposal to be forwarded to the State Legislature, as the policy was approved by the PB and CAC. This proposal was passed with the caveat that the Local Law accompanying it would be carefully worded with criteria and guidelines of those who wish to use this policy . Ulinski vowed that in the meantime the Board would work with the landowners to figure out a solution that would not cause the tax burden to be spread out among all of the residents of the Town of Danby. RESOLUTION NO. 100 OF 2020- APPROVAL OF TAX POLICY PROPOSAL TO BE SENT TO THE LEGISLATURE Be It Resolved , that the Town Board of the Town of Danby approves the Tax Policy Proposal from the Planning Group be sent to the Legislature as approved by the CAC and Planning Board. Moved by Ulinski, Second by Gagnon. The motion passed. In Favor: Holahan, Schnabel, Ulinski, Gagnon Not in Favor: Connors How to Conduct a Public Hearing for the Highway Superintendent (add discussion) Speed Limit Resolution (add discussion) DRAFT-Pending Board Approval Town Board_Minutes_20200914 •Monday, September 14, 2020Page 5 of 6 RESOLUTION NO. 101 OF 2020 – RECOMMENDATION TO REDUCE SPEED LIMIT ON THE FOLLOWING ROADS: 1). Troy Rd (between Miller and Nelson) to 35 mph . Whereas, there is no posted speed limit on Troy Road between Nelson Road and Miller Road (assumed to be 55 mph); and Whereas, the residents of Troy Road between Nelson Road and Miller Road have signed a petition requesting the town to reduce the speed limit on the road; and Whereas, the residents have identified many reasons for the speed limit reduction: • Motorists using Troy Road as a connector between Miller Road and Nelson Road frequently exceed the allowed speed. • The road is frequently used by pedestrians and bicyclists. • There is a blind spot (hill) for motorists driving from Miller Road toward Nelson Road. • There are over 20 families with children living on that section of Troy Road. • Residential development has increased and the road has become more populated. • Part of the road is heavily developed with houses situated close to the road. • Residents fear for their children’s safety; Now, Therefore, it is Resolved , that the Town Board of the Town of Danby directs its staff and its Highway Department to take the necessary steps for initiating NYS DoT review of speed limit and traffic safety measures, in particular to ask DoT to reduce the current 55 mph zone to a 35mph zone on Troy Road between Nelson Road and Miller Road. 2). Housing Developments in Danby that have no posted speed limits: a). Old Towne Village to 25 mph. b). Fieldstone Circle to 25 mph. c). Beardsley Lane to 25 mph. Whereas, there is no posted speed limit (assumed to be 55 mph) on the roads in any of the three housing developments off of 96 B; and Whereas, many residents of Old Towne Village have voiced serious safety concerns about frequent speeding on the roads; and Whereas, the other two developments are in a similar situation: residents and visitors speeding through the development at 40 mph, increased delivery business, more children living in the neighborhood, no sidewalks; Now, Therefore, it is Resolved , that the Town Board of the Town of Danby directs its staff and its Highway Department to take the necessary steps for initiating NYS DoT review of speed limit and traffic safety measures, in particular to ask DoT to reduce the current 55 mph zone to a 25 mph zone in the three housing developments (Old Towne Village, Fieldstone Circle, and Beardsley Lane) off of 96B. Now, Therefore, it is Resolved , that the Town Board of the Town of Danby directs its staff and its Highway Department to take the necessary steps for initiating NYS DoT review of speed limit and traffic safety measures, in particular to ask DoT to reduce the current 55 mph zone to a 35mph zone on Troy Road between Nelson Road and Miller Road. Moved by Ulinski, Second by Connors. The motion passed. In Favor: Connors, Holahan, Miller, Ulinski, Dietrich Agreement to Rebuild Marsh Rd. RESOLUTION NO. 102 OF 2020 – AGREEMENT TO SPEND TOWN HIGHWAY FUNDS TO REBUILD MARSH RD. AGREEMENT TO SPEND TOWN HIGHWAY FUNDS – 2020 Pursuant to the provisions of Section 284 of the Highway Law, we agree moneys levied and collected for the repair and improvements of highways, and received from the state for repair and improvement of highways shall be expended as follows: General Repairs 1. A sum not to exceed $60,000 shall be spent on Marsh Road from Hornbrook Rd. to Miller Rd. The road will be covered with 3” of cold mix pave material and treated with a chip seal top. This will include one coating of 1A chip seal. The money for this project will be reimbursed from the CHIPS program from New York State. EXECUTED THIS 14TH DAY OF SEPTEMBER, 2020 Moved by Gagnon, Second by Connors. The motion passed. In Favor: Connors, Holahan, Schnabel , Ulinski, Gagnon Adopt LGS-1 for Retention Schedule DRAFT-Pending Board Approval Town Board_Minutes_20200914 •Monday, September 14, 2020Page 6 of 6 Resolution No. 103 of 2020: Adoption of the Retention and Disposition Schedule for the New York Local Government Records (LGS-1) that replaces and supersedes the Records Retention and Disposition Schedule MU-1 RESOLVED, By the Town Board of the Town of Danby that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein. FURTHER RESOLVED, that in accordance with Article 57-A: (a) only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein; (b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods. Moved by Gagnon, Second by Ulinski. The motion passed. In Favor: Connors, Holahan, Schnabel, Ulinski, Gagnon Planner Resignation The meeting adjourned at 9:48 pm. ______________________________________ Alexandra Pfeifer, Town Clerk