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
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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.
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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
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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.
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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
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