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HomeMy WebLinkAboutCAC Minutes - 10_08_19Town of Danby Conservation Advisory Council Minutes Page 1 of 4 Town of Danby Conservation Advisory Council Minutes of monthly meeting on Tuesday, October 8, 2019 Danby Town Hall, 1830 Danby Road, Danby, New York Council Members present: Joel Gagnon (acting chair), Don Schaufler, George Adams, Clare Fewtrell, Mary Woodson (rejoined group) Council Members absent: Matt Ulinski (chair), Bill Evans, Ruth Sherman, Others present: Rhonda Roaring (Danby resident), Bill Keokosky (Danby resident) Meeting opened at 7:08 pm Privilege of Floor No comments Change requested to Sept 10 minutes – an after-note requested to September minutes to clarify a comment from PoF saying it is clearly illegal to brush hog fields during bird breeding season. (Follow-up: Note was added to say it was against birding ethics and contrary to the intent of the Migratory Bird Treaty, but not illegal) Approve Minutes MOTION for Draft August 13, 2019 and Draft September 10, 2019 minutes Adams moved to approve Fewtrell Seconded Unanimous approval Agenda Review (Additions or Deletions) none Town of Danby Conservation Advisory Council Minutes Page 2 of 4 Reports and Updates 1. Discussion of September Gretchen Salm talk – what was useful? Gagnon brought up that the tax situation discussion was confusing – Change discussed was that IRS is no longer willing to allow a charitable deduction for the value of conservation easement. Part of this is because NY State has had, and still does have, a tax credit amounting to a rebate that, over time, could be more than the value of the donation. This is not a “deduction” but a refundable “tax credit” to be applied to the donator’s property tax. The only State “deduction” was the one implicit from rolling over deductions from individual’s Federal income tax. PoF: Keokosk(secretary) said she found Russ Nitchmann’s idea of no property taxes – not on properties over 100 acres, as he mentioned – but on conservation easements interesting. He had said local tax law over-rides everything else. Gagnon said he wasn’t certain this was true. Keokosky asked is after note necessary? Going to check this. Gagnon: Perinton exception that comes to mind. (after-note: online information is unclear.) Gagnon added that the change of IRS deduction allowances has put a damper on new conservation easements. Fewtrell asked how this affects people in Danby. Gagnon didn’t know, but he thought it had affected the Finger Lakes Land Trust (FLLT) donations. Bulk of property owners who donate conservation easements are relatively wealthy, and the charitable donation deduction is important to many of them. What was useful in the talk? Gagnon said that FLLT monitoring used to be done by volunteers; now is a staff function. With many more properties to oversee there is virtue in the same person doing it year after year. Adams wondered how the change in Tompkins County legislation to allow rifle hunting would affect fall monitoring– Gagnon commented it was not going into effect until next year. He responded to Adams question about why monitor? Saying that it was enforcement - not usually a problem with donor, but Town of Danby Conservation Advisory Council Minutes Page 3 of 4 future owners might violate terms of the easement. Or someone else encroaching on property. FLLT stewardship fund important for this use. Danby has no specific fund, but the town funds could be used. Gagnon brought up option of a “Bargain sale”, for Deputron Hollow, which means if you are willing to sell property to town for less that what it’s worth, you can deduct the difference as a charitable deduction. That is allowable by IRS. Then the town, as owners, could put a conservation easement on the property and resell it. Adams asked if the lumber taken off the land decreased the assessment value. (after-note: assessment value not affected by timber potential) PoF: Keokosky thought Gretchen Salm’s offer to partner with Danby might be useful. Gagnon thought FTTL would be most helpful to deal with easements on special properties. Would they help us with Deputron Hollow? Gagnon said that Roaring had asked Andy Zepp at FTTL, who had said that they had no money to buy it. 2. PoF:Roaring on Deputron Hollow – requested Executive Session after CAC business finished. 3. Scheduling of monitoring of Conservation Easements with Schaufler and Fewtrell: Discussion of monitoring forms from Dryden and how to download them and conservation easement information on the Laserfiche server. Schaufler suggested rather than trying to change yearly monitoring forms now, use them and see how they apply to Danby easements. Need to know what constraints were built into easement agreements for correct follow-up. Open Space Planning Guide – where is it? Secretary will send Link. 4. Discussion of How to share Natural Resource Inventory – Town of Danby Conservation Advisory Council Minutes Page 4 of 4 The technical difficulties are that Tompkins County computer support has not been able to put it on the browser. Asked if they couldn’t or wouldn’t do it – there was some confusion as to whether it was lack of planner time (in the transitionary period). Adams said he would look into it further – need better communication. Gagnon; said that once we have new planner on board we can readdress the issue. Schaufler moved that Keokosky (secretary) check with town clerk and finance officer on ability to make color bound copies of pdf file of Natural Resource Inventory, and, if necessary, use our funds. Gagnon moved to approve Fewtrell Seconded Unanimous approval Discussion of how to initiate Fewtrell’s property Conservation Easement Gagnon remarked that the process usually starts with a site visit with the property owner, during which the notable features of the property are ascertained, as well as the property owner’s thoughts regarding potential environmental protection zone(s) and the uses for the rest of the property. It was decided that a site visit would be scheduled following the monitoring visits for our existing conservation easements (to be coordinated by Fewtrell and Schaufler) Went into Executive Session at 8:23 Next Meeting is on November 12 at 7p.m. Adjournment The meeting ended at 8:52 p.m. _____________________________________________ Submitted by Elizabeth Keokosky (Secretary)