HomeMy WebLinkAbout2014-05-19D a n b y T o w n B o a r d
M i n u t e s o f R e g u l a r M e e t i n g
M a y 1 9 , 2 0 1 4
Present:
Supervisor: Ric Dietrich
Councilpersons: Rebecca Brenner, Leslie Connors, Jim Holahan, Jack Miller
Others Present:
Town Clerk Pamela Goddard
Code Officer Sue Beeners
Bookkeeper Laura Shawley
Town Attorney Guy Krogh
Public Ted Crane, Ronda Roaring, Deanne DeMark, Erick Palmer, Craig Palmer,
Judith Palmer, Dan Klein, Ted Melchen, Henrike Burton, Henrik Spoon,
Warren Cross, Todd Rose, Nancy Medsker, Tom Seaney, Carol Bushberg,
Tomo Shibata, and several others.
The Danby Town Board held a financial workshop with bookkeeper Shawley at 6:00pm
The Danby Town Board Meeting was opened at 7:06pm
Privilege of the Floor
Warren Cross spoke in opposition to a preliminary request from Tomo Shibata (360 East Miller
Road) regarding a potential zoning redesignation from low to medium density. He spoke of the inher-
ent value of undeveloped green space and open land for wildlife habitat.
Carol Bushberg spoke in opposition of this request and noted the correspondence on this matter
that she had sent to the Board. Additional correspondence in opposition to this request was received
from Jamie Sorrentino (595 Nelson Road), Eric and Cathleen Banford (401 East Miller Road), Kizer
Walker and Carmi Orenstein (338 East Miller), and Kevin and Annette Ernste (corner, East Miller and
Nelson Road).
Ted Crane reminded those in attendance of the School Board and budget vote, being held in the
Danby and West Danby Fire Halls on May 20, Noon—9:00pm.
Correspondence
The Town Board held a discussion related to correspondence responding to Tomo Shibata’s in-
formal request that the Town Board consider a zoning change in the locality of East Miller and Nel-
son Roads. Supervisor Dietrich voiced the opinion that the request has no merit and will not benefit
the area. He further stated that the applicant has the legal right to make a formal request to the Plan-
ning Board. Connors suggested that the Board pass a motion discouraging the applicant and inform-
ing the applicant that the Town Board is not interested in changing the zoning.
MOTION OF INTENT - REQUEST WITHOUT MERIT
Moved, that the Town Board of Town of Danby has considered a request for the locality of 360 East Miller Road
to be rezoned from low to medium density. Based on an informal review of the request, the Town Board finds that
the application does not have merit and may not be successful.
Moved by Connors, Second by Dietrich. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Town Board_Minutes_20140519 • Tuesday, June 3, 2014 Page 1 of 4
Approve Minutes
Brenner noted one correction for the draft April 21 minutes: that the word “salary” be corrected to
“stipend” in the section regarding appointments to Pond Supervisor. There were no other corrections
or changes.
RESOLUTION NO. 59 OF 2014 - APPROVE MINUTES
Resolved, that the Town Board of Town of Danby approves the minutes of April 21, 2014, as amended.
Moved by Holahan, Second by Connors. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Marsh Road Extension Request - Q&A with Town Attorney
Supervisor Dietrich opened a public “question and answer” session regarding the TB decision to
move forward with a reclassification of a section of Marsh Road from seasonal to year-round use. He
invited anyone to ask any questions related to legal considerations of this matter.
There were several questions from Dan Klein for the Attorney and for the Board. He noted that he
was speaking as an individual resident and not in any other capacity. He asked whether the Danby
Road Classification law is valid. This was affirmed. Klein asked if this is setting precedent for future
requests to reclassify a section of road? The Town Attorney responded, “no,” in that this decision is
fact- and site-specific. In response to a question, Attorney Krogh advised that a seasonal road is a
public highway and that there is no prohibition, in State road law, to building a house on a public
highway. Krogh went into some detail on this matter.
Supervisor Dietrich clarified the intent of the Road Classification Law as being a control against
high costs for improving sections of minimum maintenance roads. Dietrich asserted that the law was
never intended to be a unilateral prohibition on development in these areas. Following information
from the Town Attorney in previous meetings, members of the Town Board came to the understand-
ing that the Road Classification Law is not a land use regulation. Zoning regulations may need to be
reviewed and revised to regulate land use. Dietrich and others presented the view that the agreements
(eg: Conservation Easements and the applicant paying for road improvements) related to this road
reclassification request are a public benefit and a net gain for the Town.
There were several questions related to a presumed protection against development already in
place through the Danby road classification law. The view of the Supervisor and some members of
the Town Board was that the restrictions in a Conservation Easement are stronger and longer lasting
than those of a local law. The benefit of promised Conservation Easements on 100 acres (+/-) are a
strong, non-regulatory method of meeting the Town’s goal of preserving open space and the rural
character of Danby. Easements will protect the land in perpetuity, while local laws can be changed by
the Town Board at any time.
There was extensive discussion clarifying the intents and protections of Conservation Easements
through the Town of Danby. The limitations of use/development placed on a Conservation Easement
are negotiated between the land owner and the Conservation Advisory Council and approved by the
Town Board. The specifics of the Conservation Easements being negotiated on the Marsh Road prop-
erties limit development building to one residence. Attorney Krogh noted that, while Conservation
Easements are a stronger protection than anything else devised, the limitations on allowed uses in a
Conservation Easement may be overturned through an act by a Supreme Court judge.
There was a question regarding a possible wetlands delineation on the Norkus property across the
road from Palmer. Supervisor Dietrich referred the question to Code Officer Beeners, who responded
that this does not appear to be necessary under the current review. In response to Klein’s assertion that
the decision to reclassify Marsh Road opens between three and six building lots, Beeners noted that
this would be very difficult and costly. In addition, the 90-acre Wimsatt property has only 50 feet of
road frontage and the Wimsatt family is also considering a Conservation Easement on their land. The
approval of up to three Boards, and the possible review of the Conservation Advisory Council, would
be required to build on these lands.
Town Board_Minutes_20140519 • Tuesday, June 3, 2014 Page 2 of 4
There was a question regarding the need for an improved emergency vehicle turn around. Klein
asked for documentation that the current plow/emergency vehicle turn around is inadequate. Fire
Code requires that two emergency vehicles are able to pass each other. Connors responded that the
Highway and Fire Departments have found that the existing turnaround is acceptable. Making the
turnaround larger would be beneficial and would make their jobs easier. This would allow leaving the
road a single lane, two-way road. There was further question and answer regarding the Marsh Road
turnaround without additional substantial information.
There was a question regarding whether the Town Board will actively participate in the Conserva-
tion Easement negotiation. The answer was yes, and any Easement must be approved by the Town
Board. Brenner reported on a CAC visit to the property and a meeting between Palmer and CAC rep-
resentatives. The goal is to move forward with open dialogue. Palmer and Melchen informed those in
attendance that close to 100 acres is “on the table.” Forty two acres was proposed at the time of the
April 21 reclassification resolution. The acreage being considered for easement has increased. This
led to an extensive discussion regarding potential Conservation Easements in this area.
Holahan stated that the promise to put a substantial amount of land into Conservation Easements
was pivotal in the TB decision to move ahead with consideration of the road reclassification request.
Medsker asked the Board and Attorney whether it was possible to add wording to the final resolu-
tion, that would protect against this case being a precedent for reclassification of additional sections
of this road. Attorney Krogh advised that language as a defense against challenge and precedent can
be put in the “whereas” clauses.
Beeners informed the Board that the short form SEQR review and half page local law changing
the road designation on a portion of Marsh Road will be transmitted to them well in advance of the
next TB meeting. The Board agreed to have a work session during the week prior to its June 9 meet-
ing, to review the SEQR form. A date will be arranged.
Solar Tompkins Presentation
Danby Resident, Guillermo Metz made a presentation on behalf of Tompkins County Cooperative
Extension. The new “Solar Tompkins” program is an expanded project to bring less expensive solar
energy to homes, similar to last summer ’s “Solarize Tompkins SE” but covering the entire county.
The installers will be chosen soon. Community information sessions to be held in Danby on June 5 at
Danby Town Hall and on June 24 at the West Danby Fire Hall. Other Towns will also have at least
two meetings.
Community solar tours are also happening in each town. One was held in Danby on May 10 with
two homes, on Durfee Hill and Marsh Roads. Another solar tour will be held in West Danby. Metz
informed the board that Solarize Tompkins had approximately 100 contracts for solar installations
signed last year. That group hopes to complete those installations this summer.
Metz invited the Town Board to a media conference, at 10am on Tuesday May 27 at the Sustain-
ablity Center. The installers will be announced at that time. He also informed the Board that the Co-
operative Extension “Solar Tompkins” program will be a one time boost for solar installations. They
do not want to obstruct normal business competition.
Town Board_Minutes_20140519 • Tuesday, June 3, 2014 Page 3 of 4
Email Research Report
Holahan made a request that a resolution be considered, authorizing expenditure of funds for the
creation and maintenance of a Town-government-wide Email system. He answered questions about
the same. The proposed expenditure is dedicated to an Email system. This will be hosted by Microsoft
Exchange and set up through SCT Computing. He believes that the system will meet the Town’s re-
quirements.
There was clarification that the Email records created and captured by this system are those which
are regarding Town business, not personal messages.
RESOLUTION NO. 60 OF 2014 - AUTHORIZE EXPENDITURE OF FUNDS FOR TOWN EMAIL SYSTEM
Whereas the NYS Archives and Records Administration (NYSARA) system has found that Email messages re-
garding municipal business are official records and must be retained as evidence of official policies, actions, de-
cisions, or transactions, and
Whereas NYSARA recommends that municipal email systems be created and maintained in order to be identi-
fied, accessible, and retained, and
Whereas the Town Board has researched several Email systems for effectiveness and cost, and
Whereas the the Town of Danby currently has a three year Computer Maintenance Agreement with SCT Com-
puters Inc., and
Whereas a proposal for for an email system set up through SCT Computers meets Danby’s retention needs and
cost parameters,
Now therefore be it
Resolved, that the Town Board of the Town of Danby authorizes the expenditure of up to $1,500 for up to 30
municipal email addresses (at $4/user/month) and $520 up to eight hours of set up time by SCT Computers,
Inc., and
Further Resolved, that expenditures for 2014 shall be paid from the General Fund Fund Balance and the Town
Board approves the increase of the computer service account directly from Fund Balance, and
Further Resolved, that in future years the cost will be budgeted in the normal budget process.
Moved by Holahan, Second by Connors. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Code Office Report
The April Code Enforcement report was distributed to the Board. Beeners drew attention to the
“year to date” income from building permits.These represent not only new construction but renova-
tions and the installation of solar systems. Beeners noted that this is a major increase over recent
years.
There was a related discussion of zoning review and addressing land use issues. There seems to
be benefit in new non-regulatory measures, such as Conservation Easements.
Conservation Advisory Council Liaison
Brenner made a suggestion that a member of the current TB be appointed liaison to the CAC.
Miller agreed to be liaison to this council.
Adjourn
The meeting was adjourned at 9:00pm.
____________________________________
Pamela Goddard, Town Clerk
Town Board_Minutes_20140519 • Tuesday, June 3, 2014 Page 4 of 4