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Home My WebLink AboutCAC Minutes - 12_11_18Town of Danby Conservation Advisory Council Minutes Page 1 of 6 Town of Danby Conservation Advisory Council Minutes of monthly meeting on Tuesday, December 11, 2018 Danby Town Hall, 1830 Danby Road, Danby, New York Council Members present: Matt Ulinski (chair), Joel Gagnon, Don Schaufler , Clare Fewtrell, Council Members absent: Bill Evans, Mary Woodsen, Ruth Sherman Others present: Elizabeth Keokosky (secretary), C.J. Randall (Danby Town Planner), Ronda Roaring (Danby resident), Bruce Richards (Danby resident) Meeting opened at 7:08 pm Agenda Review (Additions or Deletions) Annual Report added Kate’s easement still needs publicity Public Comments/Privilege of the Floor (later referred to as PoF) Roaring noted that CAC was enabled on June 14, 2010 and Management Plans for Town parcels were still not completed. She asked the Council to commit to finishing these by the end of 2019 and Ulinski agreed. Roaring suggested adding this commitment to Annual Report. Ulinski agreed this was doable. Richards inquired about initiating a conservation easement and Ulinski said there was a document explaining it online but it might be easier if he was the initial contact. He would send documents. In connection with this discussion on easements, Gagnon announced the Annual Meeting of the West Danby Community Association. Part of the program is to be an overview of conservation properties in the town. One speaker will be from Finger Lakes Land Trust on Lindsay-Parsons Town of Danby Conservation Advisory Council Minutes Page 2 of 6 Biodiversity Preserve. They are looking for information about the Gilmore Preserve on Brown Rd. and hope t have someone talk briefly about the town easement program. Approve Minutes MOTION • Moved that CAC approves the minutes of October 9, 2018 with small spelling corrections • Moved by Ulinski, Seconded by Fewtrell. The motion passed. • In Favor: Matt Ulinski (chair), Joel Gagnon, Clare Fewtrell, Don Schaufler November 13, 2018 minutes approval postponed until White Hawk situation described in minutes was clarified Reports and Updates 1. Update from Randall on White Hawk • 2 issues: Amending site plan and amending planned development zone. o Planning Board discussed site plan changes on Nov 29, public hearing Jan 17 or Feb 21 (if need more info on utilities) o Town Board discussed re-zoning - Jan 14 public hearing • Problems caused originally by mistake on survey map for 31 units that ordinarily no zoning officer would sign off on 2. Update on 2275 Danby Road, Willseyville Danby Conservation Easement • Publicity follow-up. Randall will work with owner – Katherine O’Neal – on publicity. Danby Area Newsletter, Ithaca Times, Cayuga Radio Group suggested. Has easement been filed? – Must be filed. Will send press release draft to group. 3. Update on Income from Rural Properties presentations Last presentation with Lance Ebel reported as fantastic. Topic was on ability to get money to develop, plan, and/or to execute plan for sustainability projects to keep rural aspect of one’s property conserved. • PoF: Roaring said that Eric Banford put notes on Facebook from Lance Ebel presentation. Town of Danby Conservation Advisory Council Minutes Page 3 of 6 • No December presentation • Gagnon, who had suggested growing paw paws as a future topic, brought some in for all to taste. 4. Update on non-chemical alternatives to spraying on 3 pipelines going through Danby: • Ulinski talked with Town Supervisor Dietrich, who recommended getting background info. C.J. recommended contacting Angel Hinickle, Tompkins County Soil and Water Conservation District (SWCD), for more information on alternatives. Matt wanted clarification about end goal. Informational or moratorium? Minimizing use of herbicides? 5. Update on Knotweed and Highway Department classes on Exotic Species Management • Sherman absent but Ulinski following up and will pass info he finds to Ruth. Mentioned previously: Cornell Highway Program. • Schaufler suggested looking at DEC Partnerships for Regional Invasive Species Management (PRISM). After-note: this is available to resource managers, non-governmental organizations, industry, resource users, citizens and other state agencies and stakeholders to combat invasive species. See https://www.dec.ny.gov/animals/47433.html • Randall also suggested, again, using SWCD as a resource – which is better -chemical or mechanical means of removal? 6. Update on logging legislation follow-up to Deputron Hollow Road destructive logging job. Ulinski subcommittee had a meeting with C.J. – the following was discussed: • Guy Krogh, town lawyer, working on whether we can change highway law, remove agricultural exemption, and weighing in on permitting process -- Concerns about agricultural exemption push back – may have to send to Ag and Markets to review. Only NY agency that can over-ride local government. • Other concerns/ideas are amending SWPPP (Storm Water Pollution Prevention Plans), using Elmira’s logging ordinance as a model, and how-to methods for notifying town clerk and using her to coordinate. Town of Danby Conservation Advisory Council Minutes Page 4 of 6 • PoF: Roaring asked what about DEC? Randall responded DEC has environmental enforcement authority but does not have land use authority. Town also owns roads and this issue on logging is dovetailing with another road issue right now. DEC is aware of Danby’s on-going consideration of these changes. • Randall felt non-negotiables had now been determined and the plan is to get January draft of legislation ready for CAC and Planning Board review. Then take to Town Board – She thinks changes are small but significant. • She noted that Right to Farm and Right to Forestry Laws are strong statements. Agriculture is exempt from clean water act. We need a trigger for oversight on a major forestry harvest. • Still remains a question: Need to quantify a trigger: based on quantity, disturbed land, slope, stream, set backs. What Guy thinks is OK trigger for SWPPP • PoF:Roaring asked why no one talked to St John about town buying Land. Ulinski said that not option on table • Neighborhood group still seeking restitution from St John. • Gagnon wondered if we could leverage situation to benefit of town. Carrot and stick to create easement. Ulinski said that town could play supporting role but not be a driver. • NY SAF/DEC offered to review final draft of logging legislation – Robert Messenger, Bureau Chief, Bureau of State Land Management and other SAF members. Can help especially with trigger. They have helped Randall agree on non- negotiables. C.J. communicating with a lot of people. Owner of Cotton Hanlon lumber was one of commenters. Situation is generating a lot of interest. 7. Discussion of tax burden on large land owners who feel that there is a discrepancy – they are keeping the land rural and not getting rewarded • Rural land taxes are supporting everyone else and that land doesn’t need services. • Randall said that people need to lean on Dept. of Assessment, which doesn’t recognize that development rights are given up with easements and then decrease taxes accordingly. Conservation easements increase land values in surrounding Town of Danby Conservation Advisory Council Minutes Page 5 of 6 properties but easement properties should be taxed differently than surrounding properties • Prioritize conservation areas to conserve services • Danby is cheaper per acre than surrounding area. • C.J. talked about Conservation zoning – used first by town of Mendon, NY in Monroe County – has environmental protection areas and site plan review. Looking into how to do that here. She sees State Forest as first candidate for conservation zoning. • In Mendon certain entities were entitled to absolute immunity from zoning : County of Monroe vs City of Rochester - 9 part Monroe County balancing test. See https://www.dos.ny.gov/cnsl/pdfs/govimmune.PDF • Town has ultimate authority in New York State--Municipal Home Rule Action Items 1. Planning Documents: Randall - Follow up to Natural Resource Inventory Map Open House • Randall passed out Draft of Natural Resources Inventory text book of descriptive information to accompany maps • Send comments and changes to her • Will add an Appendix A which will be a data inventory table • Habitat connectivity area. • Book will be a major topic for discussion at next meeting • Randall will contact Bob Beck after next meeting to find a time for him to speak to us 2. Discussion of renewal of CAC positions • Evans, Schaufler, and Woodsen positions up for renewal. Ulinski thinking of leaving. Jed Jordan and Dan Klein possible candidates. Would need a new chair if Matt left 3. Discussion of Danby Conservation Easements effect on taxes • There is a charitable contribution deduction for Federal income tax, and a refundable State income tax credit that covers a portion of local property taxes. The Federal deduction Town of Danby Conservation Advisory Council Minutes Page 6 of 6 requires an appraisal for the value of the conservation easement to determine the magnitude of the charitable contribution – an expense the property needs to make in order to take the deduction, and of course the donor has to be itemizing to take advantage of it. It is a one shot deduction but it can be carried forward. • There is typically no decrease in property tax. County assessment says that conservation easements do not decrease property values. 4. Update on Mary Wimsatt property conservation easement and proposed gift to town • Gagnon had nothing to report 5. Annual Report • Ulinski will draft Next Meeting is on January 9, 2019 at 7p.m. Adjournment The meeting was adjourned at 8:47 pm _____________________________________________ Submitted by Elizabeth Keokosky (Secretary)