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HomeMy WebLinkAboutTownBoard_Minutes_20170410Danby Town Board
 Minutes of Regular Meeting
 April 10, 2017 Present: Councilpersons: Ric Dietrich (Supervisor), Rebecca Brenner, Leslie Connors, Jim Holahan, Jack Miller Others Present: Town Clerk Pamela Goddard Code Officer Paul Hansen Legislator Dan Klein Public Pat Woodworth, Katharine Hunter, Ted Crane, Sam Phillips, Garry Huddle, Ellen Walsh, Ruth Sherman, Jesse Veverka, Craig Palmer, Judy Palmer, Betty Deen, Jeffrey Deen, Scott Van Gaasbeck, Crystal Van Gaasbeck Regular Meeting Opened at 7:05pm Privilege of the Floor Crystal Van Gaasbeck spoke in strong opposition to the South Hill Recreation Way Memorandum Of Understanding, urging the Board not to sign. She expressed concerns about the trail splitting their property in two and submitted a lengthy document detailing perceived problems and concerns with the County MOU. Scott Van Gaasbeck spoke in strong opposition to the South Hill Recreation Way MOU. He is strongly opposed to the use of a NYSEG right of way for Recreation, viewing this use as non-essential. He expressed strong concerns about the planned use of their home and farm driveway for an access route during construction and had grave concerns about the impact of the trail on his working farm. A person who did not identify himself asked the question of whether NYSEG owns the abandoned railroad bed or only has a right-of-way easement? Judy and Craig Palmer spoke in support of the Van Gaasbecks and in opposition to the South Hill Recreation Way MOU. They expressed concerns about rural privacy, the right to hunt, and that they would not be able to ride their horses on the recreation trail, seeing this as a loss of a right/ability which they currently have. Dan Klein spoke in support of the MOU and provided information from the County Legislature. He attempted to clarify the question of NYSEG ownership of the RR bed, stating that NYSEG has paid taxes on this land. In addition Klein stated that there have not been trespass problems with other trails, such as the Black Diamond Trail, in Tompkins County. He suggested that fencing and plantings can help mediate problems. Finally, he noted that the MOU is a non-binding agreement. Betty and Jeffrey Deen spoke in opposition to the South Hill Recreation Way MOU. Interview - Conservation Advisory Council The Board conducted an interview with Ruth Sherman for an open position on the Danby Conservation Advisory Board. Sherman informed the Board that she has attended one meeting of the CAC. She has extensive experience in ecological research and would like to be involved in local issues, “work in my own backyard.” Her family owns 200+ acres of forest land in West Danby. There was a brief Q&A between Sherman and the Board regarding activities and time commitments related to the Danby CAC. Appointment to Conservation Advisory Board The Board agreed to move on the appointment of Ruth Sherman to a vacancy on the CAC. RESOLUTION NO. 37 OF 2017—APPOINTMENT OF CONSERVATION ADVISORY BOARD Resolved, That the Town Board of the Town of Danby appoints Ruth Sherman to a two-year term on the Conservation Advisory Council, effective immediately through Dec. 31, 2018. Moved by Dietrich, Second by Brenner. The motion passed.
 In Favor: Brenner, Connors, Holahan, Miller, Dietrich
 Town Board_Minutes_20170410 • Tuesday, April 25, 2017 Page ! of !1 5 Warrants ABSTRACT #4 OF 2017: GENERAL FUND #130-178 for a total of $21,050.33 Moved by Connors, Second by Miller. The motion passed.
 In Favor: Brenner, Connors, Holahan, Miller, Dietrich HIGHWAY FUND #56–79 for a total $32,522.81 Moved by Brenner, Second by Connors. The motion passed.
 In Favor: Brenner, Connors, Holahan, Miller, Dietrich WEST DANBY WATER DISTRICT #11-13 for a total of $258.38 Moved by Holahan, Second by Connora. The motion passed.
 In Favor: Brenner, Connors, Holahan, Miller, Dietrich Approve Town Board Minutes MOTION—APPROVE MINUTES Resolved, That the Town Board of the Town of Danby approves the minutes of March 13, 2017. Moved by Brenner, Second by Holahan. The motion passed.
 In Favor: Brenner, Connors, Holahan, Miller, Dietrich 2017 Highway Request to Spend Funds Laura Shawley provided information regarding a first round of Highway improvement projects for 2017. Brenner asked whether these repairs are related to culvert replacement projects related to flood damage from a few years ago. While there are culvert projects pending, these road improvement projects are part of the standard maintenance for 2017. Shawley provided details for two projects to be started as soon as possible. Funds for these projects will be provided through CHIPS money, including remaining funds from 2016. The Highway superintendent has determined that these initial projects are a high priority. In a matter related to Town Line Road, Clerk Goddard reported a phone call from a resident on that road who expressed concern about the amount of trash being thrown on this road from moving vehicles. The resident noted that a large portion of this trash is beer bottles and alcohol “flasks,” and was concerned about people drinking and driving on this road. Goddard reported that she encouraged the resident to inform the County Sheriff’s office in the hope that there may be more of a police patrol presence there. There was a related discussion of trash pickup along roads and the problem of people tossing alcohol containers (and other things) from moving vehicles. MOTION—AGREEMENT TO SPEND TOWN HIGHWAY FUNDS - 2017 Pursuant to the provisions of Section 284 of the Highway Law, we agree that monies levied and collected for the repair and improvements of highways, and received from the State for repair and improvements of highways shall be expended as follows: General Repair: 1. A sum not to exceed $40,000 shall be spent on Curtis Road from the top of the hill to Hill Road. This project will be a continuation of the highway reconstruction project started last year. Additional fill will be added as needed and the surfacer will be triple sealed with oil and stone. The funds for the project will come from the CHIPS program provided by New York State to the Town of Danby. 2. A sum not to exceed $75,000 shall be spent on Town Line Road from West Jersey Hill Road to the Ithaca town line. This will be a highway reconstruction project where drainage will be added and parts of the road will be dug up and replaced. This project will be done over a two year period with an additional amount requested in 2018 for a triple seal oil and stone surface. The funds for this project will come from the CHIPS program provided by New York State to the Town of Danby. Moved by Connors, Second by Holahan. The motion passed.
 In Favor: Brenner, Connors, Holahan, Miller, Dietrich National IPA Procurement Process Shawley provided preliminary information regarding a Cooperative Contracting Process through a National process for cooperative contracts related to municipal procurement. Shawley stated that participating in this Procurement organization would give the Highway Department more flexibility in finding the lowest cost parts and equipment. No action was taken at this time. Shawley will provide a sample resolution, for the Town of Danby to join this process, for consideration at one of the May TB meetings.
 Town Board_Minutes_20170410 • Tuesday, April 25, 2017 Page ! of !2 5 South Hill Recreation Way MOU There was an extensive discussion regarding how to proceed with a potential Memorandum of Understanding between the Towns of Danby, Caroline, Dryden, and Ithaca and Tompkins County. A Resolution to enter into an MOU was moved and seconded for discussion. Dietrich made a case for passing the MOU as a tool and logical next step to move the process along. The MOU is not legally binding. Dietrich confirmed that the MOU resolution has been reviewed by the Town Attorney. Holahan stated support for moving the research process along, with one question. He would like legal clarification that New York State Electric and Gas does own outright this section of the former rail corridor or whether this is an easement. Brenner supported this request for clarification. The Board agreed to table a vote on the resolution, pending communication from legal counsel regarding this property ownership question. Brenner will coordinate a list of questions from the Board to be presented to Attorney Krogh. Connors made a statement of concern regarding the process of working with property owners along the proposed trail route. She suggested that an effort could be made for a better communication and negotiation with property owners. Connors further suggested that research should be done to possibly re- route the trail in a few of the places. Dietrich stated that re-routing the trail is not currently being considered. Holahan asked what the status of the project will be if one or more of the Towns vote “No” on passage of the MOU. Would Tompkins County continue to research and plan for a trail in this area? Dietrich and Klein expressed the likelihood that the process would most likely not continue in that case and that the Trail would be “dead” in that case. RESOLUTION NO. XX OF 2017—MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE COUNTY OF TOMPKINS AND THE TOWNS OF CAROLINE, DANBY, DRYDEN, AND ITHACA TO SUPPORT TOMPKINS COUNTY IN ENTERING INTO AGREEMENT WITH NYSEG TO LICENSE A FORMER RAIL CORRIDOR OWNED BY NYSEG FOR USE AS AN EXTENSION OF THE SOUTH HILL RECREATION WAY Whereas, extension of the South Hill Recreation Way is identified as a public priority by the Ithaca-Tompkins County Transportation Council’s 2035 Long Range Transportation Plan, the Tompkins Priority Trails Strategy, and the Town of Danby Comprehensive Plan; and
 Whereas, specifically, Objective E2.3.3 in the Town of Danby 2011 Comprehensive Plan is to “Cooperate with the Town of Caroline to develop a rails to trails bicycle and pedestrian artery on the former railroad grade east of Coddington Road”; and Whereas, the signatories recognize the potential public benefits of extending the South Hill Recreation Way from its eastern terminus at Burns Road to the intersection of Middaugh Road in the Town of Caroline; and Whereas, New York State Electric & Gas (NYSEG) owns this section of the former rail corridor; and
 Whereas, the Tompkins County Planning Department has facilitated staff-level conversation between the Towns of Caroline, Danby, Dryden and Ithaca (the Towns) about the possibilities for an intermunicipal partnership between Tompkins County and the Towns to extend the South Hill Recreation Way from its current eastern terminus at Burns Road to Middaugh Road, and
 Whereas, NYSEG has indicated a willingness to enter into a license agreement with Tompkins County that would allow use of the NYSEG property encompassing the former railroad bed for this purpose; and Whereas, as a former railroad bed, where intact, the terrain and subsurface of the corridor are ideal for the development of a multi-use pedestrian and bicycle trail; and Whereas, the extension can be considered in three phases with Phase A extending the trail from Burns Road to German Cross Road, Phase B going from German Cross Road to Banks Road, and Phase C going from Banks Road to Middaugh Road; and
 Whereas, based on preliminary analysis, completion of Phase A and Phase B would require minimal work to be opened as trail, while Phase C would require more extensive work; and
 Whereas, additional designs, plans, cost estimates and agreements need to be developed by the Towns prior to committing to trail development and beginning work on any of the phases Therefore be it Agreed, A. The signatories are the COUNTY OF TOMPKINS (hereinafter “County”) and the Towns of Caroline, Danby, Dryden, and Ithaca, (hereinafter “Towns”), hereinafter jointly called the participating parties.
 B. The participating parties will follow a process going forward for the purpose of determining feasibility of the trail extension consisting of the following steps: 1.The Tompkins County Legislature votes to approve a resolution to authorize a license agreement with NYSEG 
 and this MOU. 2.The four Town boards vote to authorize this MOU. 3.The County and four Towns sign this MOU. 4.The County enters into a permissive license agreement with NYSEG allowing, but not requiring, development of 
 the trail pursuant to a future agreement with the Towns. 5.The Towns develop detailed designs, plans and budget for completion of phases A and B (Burns Road to Banks Road) including possible mitigations to address concerns raised by residents adjacent to the trail corridor. 6.The Towns and County complete a joint SEQR process for Phases A and B of the trail extension. 7.The Town boards vote to authorize trail development and an AGREEMENT (Agreement #1) between the four towns detailing how costs and roles will be shared for development and maintenance of the trail extension for Town Board_Minutes_20170410 • Tuesday, April 25, 2017 Page ! of !3 5 phases A and B and an AGREEMENT (Agreement #2) with the County allowing for trail development pursuant to the County’s license with NYSEG. 8.The County Legislature authorizes the AGREEMENT (Agreement #2) with the Towns. 9.The Towns develop Phase A and B of the trail extension. 10.The Towns create detailed designs, plans and budget for completion of phase C (Banks Road to Middaugh Road) including possible mitigations to address concerns raised by residents adjacent to the trail corridor. 11.The Towns apply for outside grant funding to support development of Phase C. 12.The Towns and County complete a SEQR process and enter into an AGREEMENT (Agreement #3) for development of Phase C. C. The participating parties agree that the County signing of the license agreement with NYSEG enables, but does not commit, the Towns to a specific course of action regarding development of the trail extension. Moved by Dietrich, Second by Miller. The motion was tabled. Legislator’s Report Klein reported on County Legislature topics. •Due to a Share Services Agreement agenda as part of NYS budget, Town Supervisors and Mayors will be holding sessions with County representatives to brainstorm ways to save money through shared services and other means. While the State is asking that a plan be in place by August 1, there is no mandate for this nor is there a penalty if this deadline in not met. Klein reported that, while the County will work toward greater efficiency, it is not is not feeling compelled to meet this deadline. Klein stated that an August 1 deadline is unrealistic. In the meantime, work will progress to find creative cost saving measures for government efficiency. Dietrich agreed that the August 1 deadline is unrealistic, and added that the process may be constructive and that he will participate. •Klein presented a copy of a new historical and informational brochure for the Town of Danby, created by the Municipal Historians as part of the Tompkins County Bicentennial being celebrated this year. More copies of this brochure are available at the Town Hall. •Klein reported on stream restoration and culvert work construction work for Station Road. This may be coming sometime later this summer or fall. Brown Road Update Dietrich made a short report on the status of a feasibility study for the Brown Road restoration project. Core sampling is being done in the road bed to determine what level of remediation is needed. Youth Program Manager Update Dietrich reported that he has met twice with the Danby Community Council regarding a proposal for a full-time Youth Program Manager, to be shared with the Town of Newfield. He characterized the meetings as “not very productive.” The situation is still unresolved. Work is continuing on drafting a Memorandum of Understanding for this proposal. Code Report Code Officer Hansen made a short report to the Board regarding Code activities. The code violation on Hornbrook Road will be back in Court this month. The Solar installation PPA for the Highway Department is on hold, as the original investors have backed out. Negotiations are underway for new investors. Hansen recommended that the Town remain patient for this new agreement to work out. Hansen will be preparing drawings for alternate plans for sidewalk and handicap entrance remediation. He anticipated that sets of drawings would be available for TB review at the next TB meeting. There is an option to have the Handicap entrance be moved to the front entrance of the building, facing the road. This would replace the current ramp which is not designed at the proper grade and slope. Justices’ Report Justices’ Reports from Klinger and Huddle were circulated among the Board. Information was provided by Justice Huddle on progress related to grant funded improvements to the Court. Construction of a Court Clerk desk in the courtroom to match the Justices’ bench is now complete. A new payment window has been ordered. Town Clerk’s Report Correspondence was received from the NYS DoT regarding requested speed limit reductions on Bald Hill Road. The study was divided into three parts: between Station and Comfort Road (3,160 feet, existing speed 55 mph), between Comfort and Lieb Roads (7,492 feet, existing speed 55 mph), and between Lieb and Route 96B (3,168 feet, existing speed 35 mph). The study determined that reducing the speed limit between Station and Comfort Road to 30mph, reducing the speed limit between Comfort and Lieb to 35mph, and retaining the speed limit of 35mph from there to Route 96B would be appropriate. The road may be posted with these speed limits upon receipt of the official orders authorizing such. One mowing proposal has been received for mowing the Town Hall property and town cemeteries. This is the same person who did the mowing in 2016. Town Board_Minutes_20170410 • Tuesday, April 25, 2017 Page ! of !4 5 Clerk Goddard reported March activity: $2,783.95 received with $53 disbursed to the NYS animal population control program, $23.62 to NYS DEC for fishing licenses, and $2,707.33 disbursed to the Town Supervisor. This reflects one BZA appeal, one Planning Fee, 45 dog licenses, and seven building permits. Clerk Goddard further reported that tax collection is complete and remain tax collection will be returned to Tompkins County Finance in the coming weeks. Clerk Goddard made a report on records management and historians activity. There was a donation of historic clock and a Bicentennial sign will be installed at the front of the Town Hall. !!!!!!!! Adjournment The meeting was adjourned at 8:45 pm. !!!!!!! ______________________________________ Pamela Goddard, Town Clerk Town Board_Minutes_20170410 • Tuesday, April 25, 2017 Page ! of !5 5