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HomeMy WebLinkAbout2022-09-15TB 9-15-22 Page 1 of 11 TOWN OF DRYDEN TOWN BOARD MEETING September 15, 2022 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl James Skaley, Cl Loren Sparling, Cl Leonardo Vargas-Mendez Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Ray Burger, Planning Director Cassie Byrnes, Secretary to Supervisor Amanda Anderson, Bookkeeper Supv Leifer opened the meeting at 6:03 p.m. Board members and audience recited the pledge of allegiance. RESOLUTION #147 (2022) – APPROVE MINUTES Cl Lamb offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of August 11 and August 18, 2022. 2nd Cl Vargas-Mendez Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes PRESENTATION BY OWASCO LAKE WATERSHED MANAGEMENT COUNCIL Adam Effler, Executive Director of the Owasco Lake Watershed Management Council thanked the board for the opportunity to present this evening and for recognizing the importance of protecting the Owasco Lake headwaters and for joining the Owasco Lake Watershed Management Council. Ann Clark, of the town’s Conservation Board, is the town’s representative on the council. She has been a valuable resource for their group because of her level of engagement and credentials. Mr Effler will meet with the town’s Conservation Board on September 26 to share some ideas for collaborati on and looks forward to working with them. He gave a very brief overview of the attached slides that will be presented at the Conservation Board meeting. When asked about overall health of Owasco Lake, Mr Effler said it is threatened due to harmful algae blooms, but is otherwise a very pristine water body. There is growing concern about the harmful algae blooms. TB 9-15-22 Page 2 of 11 PUBLIC HEARING (continued) 1892 SLATERVILLE ROAD – UNSAFE STRUCTURE Supv Leifer announced that this is a continuation (at 6:14 pm) of a public hearing that was opened last month. The property owner has submitted a plan to correct the violations. Jack Enslow, owner of the subject property, reviewed his plan to bring the property into compliance over the next approximately two years. He plans to utilize 2 to 3 dumpsters before this winter. The anticipated court date that will enable him to be more certain of his finances has been adjourned until September 26. They have been making some pro gress. Supv Leifer said it seems like a good plan and once a building permit has been applied for, the town will be able to check on his progress. In the meantime, some milestones should be established to indicate progress. After discussion among board members, the applicant, and the town attorney, it was determined that J Enslow will work with the Ray Burger and the town attorney to come up with an agreement and a course of action with more detail and dates at which incremen tal progress can be measured. At 6:28 p.m. the public hearing was left open until the October 20 business meeting. Supv Leifer announced that the proposed local law to allow the town’s public bodies to meet via videoconferencing was closed on July 21. PUBLIC HEARING PROPOSED LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT Supv Leifer opened the public hearing at 6:29 p.m. The hearing has been properly noticed and the text of the proposed local law is available on the town’s website. The town has done this for the past several years. The state has not repealed tax levy limits of 2%, so municipalities need a local law to override it. The CPI was at 8.13% in August, so if there is any year when that limit is unrealistic, it is this year. The town has services it must provide for its residents. There were no comments from the public or board members, and the hearing was left open at 6:31 pm. ANNOUNCEMENTS There is a county survey about broadband circulating for municipal data planning. Game Farm Road will be closed from Monday September 26 until October 1 so that county highway can work on the vertical curve. That will benefit planning the crossing for the rail trail. HIGHWAY/DPW REPORT R Young reported he has talked with Jeff Smith of Tompkins County Highway and they will close Game Farm Road until October 1. They will cut the vertical curve in the road and make improvements. The Town of Ithaca has offered to help with some engineering plans and to work on the plan for the trail crossing. There is a meeting next Tuesday to complete the work permit for the county. The Town of Dryden has purchased the flashing lights and need to make sure they are the right ones. Things will be moving along with the rail trail crossing. Route 366 in Varna has been challenging the last few weeks with the paving work being done there. Some of the curb stops and water mains were removed by Suit Kote. Bolton Point TB 9-15-22 Page 3 of 11 has been helpful. It was expensive to replace the curb stops, but they are now placed properly. They are replacing blacktop and driveways. Storm drainage has been run and water lines have been lowered. There has been difficulty trying to contact Verizon and coordinate their work with First Light. R Young has been to the state work office several times discussing how to move forward. The Dryden Fiber shed (weighing 50,000 lbs) has been delivered to the town barn and is very impressive. The department has done some paving and will do more paving. Negotiations with the Teamsters Union have been productive. Supv Leifer closed the public hearing on the proposed local law to override the tax levy limit at 6:41 p.m. RESOLUTION #148 (2022) – ADOPT LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the following local law to override the tax levy limit for 2023 and directs the Town Clerk to file the same with the Secretary of State of the State of New York. Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Dryden, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2023 and ending December 31, 2023 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c. Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2023 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involv ed in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. 2nd Cl Lamb TB 9-15-22 Page 4 of 11 Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes PLANNING DEPARTMENT The department’s monthly report has been submitted and is on the website. Cornell’s Design Connect team has put together a team of a dozen students to work on a North Street Neighborhood Development Plan. They will consider traffic issues, trying to bring in more commercial and residential development and consider different facts of the comp plan. The group walked the area for three hours on Sunday. We can expect to a have product at the end of the semester. COUNTY BRIEFING None DISCUSSION/ACTION ITEMS The Village of Dryden is applying for a NYForward Grant for Revitalization. Supv Leifer has previously provided a letter of support and would like to add a resolution of support from the board to be submitted with their application. The purpose of the grant is for downtown revitalization, including residential space and they want to help improve walkability in the community. They want to help with some planning for the land the town has acquired behind town hall. A walkway from TC3 to the Village may be included. They want to make Main Street look more habitable. RESOLUTION #149 (2022) – SUPPORT FOR NY FORWARD APPLICATION BY VILLAGE OF DRYDEN Supv Leifer offered the following resolution and asked for its adoption: Whereas, the Village of Dryden in partnership with the Dryden Downtown Business Association is applying for a grant under the NY Forward Program; and Whereas, the NY Forward Program is intended to invigorate and enliven downtown areas in small and rural communities; and Whereas, the Village of Dryden seeks grant funds to revitalize the downtown area with a mix of better residential spaces that will attract more visitors and businesses, capitalize and improve on the walkability, create event and meeting spaces, and to build a better connection to the valuable resources of Tompkins Cortland Community College. Whereas, the Town Board of the Town of Dryden supports the Village of Dryden in its efforts to revitalize the downtown corridor of the Village of Dryden; therefore, be it Resolved, that the Town Board of the Town of Dryden supports the Village of Dryden Trustees in their application for a NY Forward Grant to assist in the downtown revitalization efforts of the Village of Dryden. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes TB 9-15-22 Page 5 of 11 Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes PROPOSED VIDEOCONFERENCING LOCAL LAW The board held a public hearing on this proposed local law in June. It was continued to July and closed on July 20. Sixty days has not elapsed since the public hearing was closed and the board is able to act on it. This would authorize the town’s public bodies to participate in meetings videoconferencing in certain circumstances. The town’s public bodies as defined by statute are the Zoning Board of Appeals, the Town Board and the Planning Board. Members in specific circumstances would be able to attend virtually, providing a quorum of the board is present at Town Hall. Supv Leifer will distribute a list of the specific circumstances. The town’s other boards and committees do not have the authority to bind the town to an action, so are not defined as public bodies. Under the local law, the town is required to have a policy in place. Action was deferred at this point until the town attorney can rejoin the meeting. CITIZENS PRIVILEGE Laurie Snyder, Chair of the Varna Community Association, read the attached letter. Janet Morgan, 940 Dryden Road, said as an individual resident of Varna, when she saw the latest Varna bridge design, she was gob smacked. After four years, and two years ago reaching a compromise that everyone agreed to with all sides giving a little bit (one lane bridge with an attached pedestrian walkway), this thing shows up. She doesn’t understand it. It needs to be trashed. Cl Lamb said he is surprised at this reaction. It is a one-lane bridge as was agreed to, and the design is a one-lane bridge. Everyone is exhausted with this process. It is a one-lane bridge. Residents advocated for preserving the old trusses and a single lane. This design has those two things. The board has concerns about the safety and pedestrians and bicyclists. The width of the space for pedestrians and bicycles is designed to ASHTO standards. We want a safe place for pedestrians and bicyclists to cross year-round. If you are going to have a mixed-use trail like the Dryden Rail Trail, you put ten feet in. And it has the added benefit of the highway department trucks being able to clear it so people can use it year -round. Given our financial limitations, we want to accommodate both pedestrians and bicycles and a single lane of traffic on the same structure and get it done at under 2.8 million dollars. That’s a lot harder now than it was seven years ago when we got the grant. We have to come up with a design that now fits within the new prices we are dealing with. This is not at a final stage. There is too much insinuation going on and people are jumping the gun on the design. We are not authorized yet to use the old trusses. The state keeps going back and forth on what they want from us. The board is exhausted with this and just wants the project done. We want a project that fits the budget and that the county will eventually take over. This is a single-lane bridge because the town will have to buy traffic signals. To purchase those and then take them down and convert it to a two-lane bridge would be a waste of taxpayer money. Safety is built into the 30 mph. It is an adequate speed for a raised sidewalk for pedestrians and cyclists. L Snyder said no one has contacted her as chair of the VCA. She had the drawings forwarded to her, and 27.5’ wide is a substantial increase in width over the existing bridge. It will cost more to build a wider bridge. Cl Lamb said if we have to reuse the trusses, then that takes away the previous d esign because using the trusses limits the ability to design a pedestrian nook area. TB 9-15-22 Page 6 of 11 Supv Leifer said we are reaching the point where we go over budget when it is finally built, and the county, state or federal government are not going to pay for that. We have to get this designed and built while we can afford it, or there won’t be a bridge there. We may not have enough money to build it. Cl Skaley asked if this bridge could be designed more like the Forest Home bridge. He read from the Bridge NY manual that seems to say there should be a railing protecting pedestrians from traffic. Bikes can travel on the roadway. It was noted that it is dangerous for bikes to travel on a one-lane bridge. The town is being required to advertise the availability of the old bridge again. Videoconferencing Local Law – continued There was discussion with Atty VanWhy regarding the provisions of the proposed law. If a committee is truly advisory, they are not conducting public business, but are providing advise to the authority body. The advisory body is not considered a public body under the Open Meetings Law unless the advisory body is a pure committee of the acting authority body. For example, a committee consisting solely of two board members is subject to the Open Meetings Law. Adding other folks to the advisory body removes it from the responsibility of the Open Meetings Law. The videoconferencing policy applies only to the public bodies that are subject to the Open Meetings Law. Advisory bodies do not have to follow the videoconferencing policy and may continue to meet completely remotely. Town Board, Planning Board and Zoning Board of Appeals will need to follow the videoconferencing policy. The other advisory committees will not, as long as the Town Board has not delegated any decision-making authority to them. Supv Leifer will provide clear instructions to all board and committee me mbers. RESOLUTION #150 (2022) – ADOPT LOCAL LAW AUTHORIZING THE TOWN’S PUBLIC BODIES TO USE VIDEOCONFERENCING TECHNOLOGY TO PARTICIPATE IN PUBLIC MEETINGS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the following local law and directs the Town Clerk to file the same with the Secretary of State of the State of New York: Section 1. Legislative Intent It is the intent of this local law to give the town’s public bodies, as that term is defined in Public Officers Law §102, the authority to participate in meetings via videoconference in a manner consistent with the town’s videoconferencing policy and the authority granted in Public Officers Law §103-a. Section 2. Authority This local law is adopted pursuant to Public Officers Law §103-a which expressly authorizes the Town Board to adopt a local law giving the town’s public bodies the authority to participate in meetings via videoconference from locations not accessible to the public so long as a quorum of the body participates from locations where the public may be physically present and other conditions are met. Section 3. Videoconferencing for Public Meetings TB 9-15-22 Page 7 of 11 The Town Board of the Town of Dryden hereby authorizes members of the Town’s public bodies to participate in meetings using videoconferencing technology in a manner consistent with Public Officers Law § 103-a and the town’s videoconferencing policy adopted by the Town Board. Section 4. Severability If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #151 (2022) – ADOPT VIDEOCONFERENCING POLICY Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the following videoconferencing policy: TOWN OF DRYDEN Videoconferencing Public Body Meeting Participation Policy A. Purpose To establish guidelines and minimum requirements for the use of videoconferencing technology to participate in the meetings held by Town public bodies, as defined in Public Officers Law §102, and in conjunction with Town of Dryden Local Law 3 of 2022. B. Background New York State suspended certain requirements of the Open Meetings Law to permit public bodies to meet and conduct town business via videoconferencing platforms and to prohibit in - person attendance during the 2020-2022 COVID Pandemic/State of Emergency. In April of 2022, Gov. Hochul signed Chapter 56 of the Laws of 2022, which added Public Officers Law § 103-a allowing a town’s public bodies to have the option of continuing to use videoconferencing under certain circumstances and conditions, if, among other things, the town board adopts a local law authorizing the use of videoconferencing and a written policy establishing said circumstances and conditions. On September 15, 2022, the Dryden Town Board adopted such a local law (Local Law 3 of 2022). C. Definitions 1. Public Body – All boards, committees, and subcommittees of the To wn that meet the definition of “public body” in Public Officers Law § 102. TB 9-15-22 Page 8 of 11 2. Meeting – The official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the public body. 3. Quorum – one half of the full membership of the public body, regardless of vacancies or disqualifications to act, plus one. Example: a board with seven members has a quorum of four. Virtual attendance does not qualify for making quorum but does qualify for all other purposes, including voting purposes. 4. Extraordinary Circumstance – events or factors that would preclude a member’s physical attendance at the meeting, e.g.: disability, illness or significant h ealth concerns requiring precautionary actions, caregiving responsibilities, other significant or unexpected factors or events, and events when a member is out of town for a short duration. D. Policy 1. Members of all public bodies are permitted to attend and participate using videoconferencing under extraordinary circumstances with the following requirements: a. A quorum of the public body must be present, in person, in one or more advertised location(s) where the public may attend. A member who is participating from a remote location that is not open to in-person physical attendance by the public may not be counted toward a quorum, but may participate and vote if there is a quorum of members at the physical location(s) open to the public, and b. The physical location of any location where members are attending virtually and the public may attend shall be posted on the Town Bulletin Board, Meeting Agenda posted to the Town website and distributed to the media, and c. Public notice for any meeting conducted shall include the physical location(s) where the public can attend and/or participate in person, the fact that videoconferencing will be used, where the public can view and/or participate in the virtual meeting, and where any required documents or mater ials associated with the meeting are posted or available, and d. Any member attending virtually must use video capabilities permitting the public to see, hear and identify them throughout the entire portions of the meeting that the Open Meetings Law requires to be held in open session, with limited allowance for customary temporary absences from a meeting for personal interruptions such as coughing, sneezing, stretching, or a bio break. e. The public must be able to view via video all meetings which include virtual member attendance and, where public comment or participation is authorized, the public must be allowed to participate by videoconference in real time in a manner that affords the same public participation or testimony as in-person participation or testimony, and f. The minutes of all meetings that include virtual member attendance must indicate who participated virtually, and such minutes must be posted to the Town’s website within two weeks of the meeting (one week for executive session minutes recording an action taken by formal vote) and be transcribed upon request, and TB 9-15-22 Page 9 of 11 g. Each meeting where virtual attendance occurs shall be recorded and such recording must be posted or linked on the Town’s website within 5 business days of the meeting and such recording must remain posted or linked for no less than 5 years, and h. Virtual attendance should be used sparingly with the expectation that members will be physically present at meetings. Members must notify the chair and/ or staff support when they will not be present at a meeting or will need to attend using videoconferencing, and i. All public body open meetings that that are broadcast or use videoconferencing shall be accessible to members of the public with disabilities, as provided in Public Officers Law § 103-a. j. This Videoconferencing Public Body Meeting Participation Policy must be conspicuously posted to the Town’s website. E. State of Emergency As provided for in the New York State legislation described in Section B, if a local state of emergency is declared or a NYS disaster emergency declaration is made, all public bodies may meet completely virtually without the need for a quorum in one or more location(s) at which the public may attend, if the Town Board determines that the circumstances necessitating the state of emergency or disaster emergency declaration would affect or impair the ability of the Town’s public bodies to hold an in-person meeting. If the Town Board makes such a determination, all requirements of this Policy, except the in-person member participation requirement, must continue to be met while the state of emergency or disaster emergency declaration remains in effect. F. Effective and Termination Dates This Policy shall take effect on September 15, 2022, and shall automatically terminate if the New York State legislation described in Section B expires. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Skaley Yes Cl Lamb Yes Supv Leifer Yes ADVISORY BOARD UPDATES Planning Board – Now that the comp plan has been adopted, there is a need to update the town’s zoning needs to be reviewed and updated. There is $30,000 budgeted already. There may be state funds available. The town may need to create a zoning update task force to oversee the process. It may involve hiring another consultant for the task force to interact with. Supv Leifer suggested we look at what was established last time as far as the people who were involved. Cl Lamb and R Burger recommend a smallish committee, perhaps five people, and including representatives from the Town Board, Planning Board and Zoning Board of Appeals. Supv Leifer wanted to be sure there are no illusions that the Town Board has to rubber stamp what this committee comes up with. TB 9-15-22 Page 10 of 11 Rail Trail Task Force – The county is moving up the priority on the Game Farm Road crossing. There was a productive meeting with representatives the Towns of Dryden and Ithaca explaining what their priorities were. The County listened, and now we have progress. We will find out what the county requires of the work plan that the towns are negotiating. If it is not too onerous, the crossing may open in October. Conservation Board and Ag Advisory Committee - did not meet in August. Recreation & Youth Commission – The Rec Department has posted a vacancy for a recreation assistant, and they have had no applicants. It was suggested that Project LEAD be contacted for potential applicants. We currently have one Lead student employed at Southworth Library for a total of 70 hours. A resolution was unanimously passed by DRYC to budget $2,997 for 200 hours split between two youth at minimum wage for the coming year. Climate Smart Communities Task Force – Most of the meeting was focused on CCA. After having spoken with all the providers, what they said was deconstructed and considered. The town board had introduced a local law that would allow for investigation of CCA, but apparently NYSERDA has issues with its own wording. That is why the matter was not heard tonight. Dryden High School has received word that the EV charging station is a go, thanks to our planning intern Ella’s advice on their grant application. Safety & Preparedness Committee – meets next week. Workforce & Affordable Housing Committee – Second Wind Cottage is moving forward in the Village. The town will be billed by the county for the subsidy for that program. Diane Tessiglia-Hymes has resigned from the committee and the Planning Board Chair has been asked to see if there is someone on the Planning Board who would like to serve. Cl Skaley would like to add another person to the committee. Chuck Geisler has been participating in discussions and has offered scholarly advice on some things. He would be helpful to the committee. His background is in rural sociology, and he has done work regarding mobile home parks. The committee had a good session with Chip Ray of Jim Ray Mobile Home Park and found that there is a lot to consider in maintaining the parks as affordable units within the town. The regulations and cost of setting up a pad for the structure is around $25,000 for each pad. People do not move their homes anymore because is too costly to do that. The group would like to look at the housing section in the comp plan and see if they can make some recommendations to the board. Broadband Committee – The committee will meet tomorrow. A map was displayed map showing a revised route for laying fiber backbone. It fol lows the railbed toward Lake Road and will reach some neighborhoods that would otherwise have been waiting longer . The equipment shelter has been delivered and placed near the highway department. Williamson Law Book will be developing a billing program. The committee may find out tomorrow when service will be turned on. CITIZENS PRIVILEGE None TB 9-15-22 Page 11 of 11 On motion made, seconded, and unanimously carried, the board moved to executive session at 7:48 p.m. for an update on collective bargaining negotiations. Nothing has been reduced to writing at this point. No action was taken, and the meeting was adjourne d at 8:05 p.m. Respectfully submitted, Bambi L. Avery Town Clerk