HomeMy WebLinkAbout2023-10-18 Town Board Minutes
Public Hearing + Regular Town Board Meeting
Roll Call:
Town Board Joel Gagnon, Super visor
Leslie Connors
Paul Hansen via videoconference
Katharine Hunter (arrived at 18:08)
Patricia Woodworth
Town Bookkeeper Laura Shawley
Town Planner Greg Hutnik
Recording Secretary Janice Adelman, Town Clerk (via videoconference in
Town Hall office)
Transcript and audio recording are available online.
1.Public Hearing
1.1.Tax Cap Override Local Law
Opened at 18:02
All those who submitted written comments or spoke at the hearing:
In favor Against
Ted Crane
Marnie Kirchgessner
Ronda Roaring
Kevin Feeney
Hearing closed at 18:08
2.Regular Meeting Called to Order at 18:09
3.Additions/Deletions to Agenda
3.1.Decision on Tax Cap Override
3.2.Discuss possible zoning amendment.
4.Privilege of the Floor
4.1.Marnie Kirchgessner
Requested money for the Danby Youth Commission for miscellaneous
expenses (e.g. Surveys). Noted that the Youth Commission is co-sponsoring
Mary Ann Barr 2021
T he Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
Town Board Regular Meeting
Wednesday 18 October 2023 at 6:00PM
Town of Danby, New York 18 October 2023 Town Board Minutes
with the Danby Fire Department a Halloween event from 4:30–6:30pm at the
fire station on the 31st.
4.2.Mauricio Medina
Commented that with the current draft of the noise law as written, he would be
in violation of the law for drumming and praying as part of his Native heritage.
He then sang and played his drum as a demonstration. He concluded by
stating the board needed to think about the law’s implications for First Nations
people.
4.3.Mary Ann Kozak
Asked if she could speak about the Jennings Pond program.
Supervisor Gagnon and Councilperson Connors asked to wait for the budget
portion of the meeting.
4.4.Kevin Feeney
Spoke to the fourth version of the draft noise law being 11 pages long with
many nebulous things such as detrimental human health, environment,
unnecessary, and unnatural. Feeney discussed the audible scale of decibels
(dBs) that starts at 0 and noted that his sound meter picked up 55dB in the
back of the room, with normal conversation tending to be in the 55–60dB
range.
4.5.Joel Gagnon spoke to the comments thus far regarding the noise draft. Town
Attorney Guy Krogh drafted the current version on Gagnon’s request; Krogh
noted that the previous version was too simple; Gagnon requested to make it
as simple as possible.
4.6.Ronda Roaring
Summarized for the record an email she had sent to the Town Board that there
is no court in the state of New York that honors any metering device. The
motor vehicle law that limits vehicles to 90 decibels is not being enforced
because that law uses a metering device, as does this version of the noise law.
At this point in time, the only way you can enforce enforce what a person
considers to be an unreasonable noise is via penal code 240.20#2
4.7.Garr y Huddle
Stated that Ronda was correct and not correct since the penal code refers to
noise in public places not on private property. Re the noise law, he noted that
Krogh doesn’t live in Danby; and then he compared the differences between
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Town of Danby, New York 18 October 2023 Town Board Minutes
the August draft and the current draft around permits, applications, and fines.
Huddle noted that residents would not want to get a permit or put an
application in 21 days ahead of time and go before the Board of Zoning
Appeals to approve a graduation party in their backyard.
4.7.1.Joel Gagnon responded that one wouldn’t need a permit for a backyard
graduation party but that the law would give you an opportunity to call
the cops when a neighbor’s party gets out of hand because the
[sheriff’s department] has said that they would not respond to a
complaint without a local law.
4.7.2.Huddle responded that they wouldn’t respond to that regardless.
4.8.Ted Crane
Acknowledged that problems exist with noise in Danby; he is in favor of a
noise law that will handle those problematic incidents but is not in favor of a
noise law that will cause one neighbor to be afraid of another or one that’s
unenforceable. Crane also expressed concerns about the reliance on weighting
schemes in the noise law law, arguing that they are not appropriate for
measuring annoyance value. He concluded by stating that the town has spent
a lot of money on drafting this version of the law.
4.9.Garry Huddle made one last comment before allowing Joel to call on Paul
Hansen that the draft law in August was acceptable, but this current version is
not.
4.10.Paul Hansen—microphone was not working
4.11.Mar y Ann Kozak
Representing Jennings Pond, she expressed the many benefits to maintaining
Jennings Pond as a valuable local resource. She acknowledged that the
summer swimming did not run in 2023 due to a lack of lifeguards; for nextthis
year there are already one or two neighborhood kids interested in lifeguarding.
She noted the agreement with the NYS Parks and stated that she and her
husband have been making sure the bathrooms are clean; lifeguards also help
keep the beach and bathrooms clean. Concluded that the money spent to fund
the program is worth it.
4.12.Paul Hansen with a working mic
Spoke to the draft law and the complications that come with Krogh’s input.
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Town of Danby, New York 18 October 2023 Town Board Minutes
Hansen noted that Krogh should not be driving the train and we should make
the law as simple as possible. He concluded that the purpose of the law is not
to convict anyone and trusts the citizens not to overuse the law.
.
5.Correspondence
5.1.Notification to Municipality from the Office of Cannabis Management
5.2.Email received by Planner and Clerk’s Office regarding fiber/broadband
internet access on E Miller Rd.
6.Announcements
6.1.Open Board and Commission Positions; Applications due 4 Dec 2023
6.1.1.Board of Zoning Appeals (1 seat); 5-year appointment
6.1.2.Conserva on Advisory Council (3-4 seats); 2-year appointment
6.1.3.Danby Youth Commission (7 seats ); 2-year appointment
6.1.4.Environmental Management Council (1 seat); 3-year appt
6.1.5.Historian (1 seat); 1-year appointment
6.1.6.Planning Board (1 seat); 7-year appointment
6.1.7.. West Danby Water District (1 seat); 5-year appointment
7.Reports & Presentations
7.1.County Legislature Representative Dan Klein
Hello Town Board,
I’m not sure if I will be able to make tonight’s meeting. If I do, I will be late.
Quick updates:
Last night the County voted on a budget with a 2% increase to the tax levy. I
fought for a zero percent increase, but lost. The final budget vote will be next
month. There is a chance the budget could change between now and then, but
probably won’t.
The responses to the request for proposals for the broadband internet
initiative are due very soon. We will be reviewing them by the end of the month
and hopefully will have some news to share next month.
The countywide rapid medical response pilot program is moving forward,
slowly. We need to receive a certificate from NYS. We need to hear back about
2 different grants. Although there is still much uncertainty about how this
program will go forward, here is my prediction: We will start up the program in
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Town of Danby, New York 18 October 2023 Town Board Minutes
2024 either with grants or with County funding. Also during 2024, we will talk
with Danby and the other Towns about cost-sharing to start in 2025. So we
have lots to talk about over the next months and year.
As usual, if there is anything I can do for you, please let me know.
-Dan
7.2.Highway Superintendent Keith Shipman
7.2.1.Brian Barr y began working for the Town of Danby Highway Department
in May 2015. Brian was a truck driver and a heavy equipment operator
for the Town of Danby Highway for over eight years. Sadly, Brian lost his
battle to cancer on August 18 of this year. Brian was a very independent
person passionate about his work. H he cared about his fellow crew
members. If I can say one thing about Brian it is that he enjoyed
working with a crew at the Danby Highway Department. I speak for all
of the Town when I say he will be missed and that our prayers go out to
his family.
7.3.Planner Greg Hutnik
7.3.1.Planning Board meeting held on 17 October:
7.3.1.1.Norbut Solar farm with a slight amendment to their site plan was
approved
7.3.1.2.Danby Market Proposal for 1843 Danby Road had a sketch plan
review which sets them up for site plan review later this year
7.3.2.Hutnik received calls and letters asking for updates on another
proposed solar farm at 2288 Danby Road; no further applications have
been submitted and thus no action has been taken.
7.3.3.Joined a site walk for potential conser vation easement with the CAC
7.3.4.Worked with Code Enforcement Officer to issue building permits,
mostly agriculture related.
7.3.5.Attended numerous county meetings and announced that there will be
a training on November 13 for Planning Board and Board of Zoning
Appeals members.
7.3.6.There is an open park grant from Tompkins County in the amount of
$5000 to the Town to cover the Dotson Park Association’s addition of a
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Town of Danby, New York 18 October 2023 Town Board Minutes
boardwalk over some of the wet areas; this needs to be disbursed by
the end of the year.
7.3.7.Hutnik will prepare a Request for Proposal (RFP) to get a contractor to
perform maintenance on the Drainage District #1 on Beardsley Lane.
7.3.8.Hutnik is waiting for direction from Town Board regarding the sewer
study in the Hamlet, the short term rentals issue, and updating the
Comprehensive Plan.
8.Meeting Minutes
8.1.6 December 2022
8.2.21 December 2022
8.3.19 April 2023
8.4.24 April 2023 Regular Meeting Continued
8.5.2 May 2023
8.6.6 June 2023
8.7.21 June 2023
8.8.5 July 2023
8.9.1 August 2023
8.10. 5 September 2023
8.11.Resolution 204 of 2023 To Accept Minutes from 20 September 2023
Moved By: Connors Seconded By: Hunter
Woodworth wanted verification that the highway truck resolutions were
corrected.
Connors requested that Klein’s report be included rather than hyperlinked or at
least add the sentence that he submitted a written report.
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to particpate in vote
Hunter X
Woodworth X
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Town of Danby, New York 18 October 2023 Town Board Minutes
Gagnon X
Resolution 204 of 2023 passed on 18 October 2023
8.12.Resolution 205 of 2023 To Accept Minutes from 3 October 2023
Moved By: Connors Seconded By: Gagnon
Connors noted that the Environmental Management Council position is listed as
two years on their website. She requested that this be changed in the
minutesPlease update this in the minutes.
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to participate in vote
Hunter X
Woodworth X
Gagnon X
Resolution 205 of 2023 passed on 18 October 2023
Resolution 206 of 2023 To Acknowledge Review, But Not Approval, of the Minutes Presented
from 21 December 2022 through 5 September 2023 Except excluding April 24 Which Has Yet
To Be Delivered to the Board
Moved By: Connors Seconded By: Hunter
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to participate in vote
Hunter X
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Town of Danby, New York 18 October 2023 Town Board Minutes
Woodworth X
Gagnon X
Resolution 206 of 2023 passed on 18 October 2023
9.Warrants Abstract 21 of 2023
9.1.Resolution 207 of 2023 to Approve General Fund Vouchers 321–341 for
$13,882.69
Moved By: Connors Seconded By: Woodworth
Connors made comments re mileage sheet
asked what PDF expert is
asked if we had decided to go with zoho
Woodworth noted sales tax was included on the library’s kids table purchase.
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to participate in vote
Hunter X
Woodworth X
Gagnon X
Resolution 207 of 2023 passed on 18 October 2023
9.2.Resolution 208 of 2023 to Approve Highway Fund Vouchers 206–213 for
$233,585.52
Moved By: Connors Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to participate in vote
Hunter X
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Town of Danby, New York 18 October 2023 Town Board Minutes
Woodworth X
Gagnon X
Resolution 208 of 2023 passed on 18 October 2023
10.Business
10.1.Resolution 210 of 2023 to Adopt Local Law No 05 of 2023 to Override the Tax
Cap for 2024 Budget Approval
Moved By: Woodworth Seconded By: Hunter
Vote:
Councilperson Aye Nay Absent
Connors X
Hansen online, unable to participate in vote
Hunter X
Woodworth X
Gagnon X
Resolution 210 of 2023 passed on 18 October 2023
10.2.Continued budget review - Pond, Highway, Solar, Other
Resolution 211 of 2023 to Hold A Budget Meeting on Wednesday 25 October 2023 at
6pm
Moved By: Gagnon Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to participate in vote
Hunter X
Woodworth X
Gagnon X
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Town of Danby, New York 18 October 2023 Town Board Minutes
Resolution 211 of 2023 passed on 18 October 2023
Resolution 212 of 2023 to Move the First Meeting in November to Wednesday 8 November at
6pm and Schedule the Public Hearing on the 2024 Budget for this Meeting at 6pm
Moved By: Connors Seconded By: Gagnon
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to participate in vote
Hunter X
Woodworth X
Gagnon X
Resolution 212 of 2023 passed on 18 October 2023
Resolution 213 of 2023 to Move the Second Meeting in November to Monday 20 November at
6pm
Moved By: Gagnon Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to participate in vote
Hunter X
Woodworth X
Gagnon X
Resolution 213 of 2023 passed on 18 October 2023
10.3.Potential Noise Law as Reviewed by Attorney
10.3.1.The board will review this draft and revisit at next meeting.
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Town of Danby, New York 18 October 2023 Town Board Minutes
10.4.Resolution 209 of 2023 To Approve CDBG Grant Applications for Ramsey and
Klein
Moved By: Connors Seconded By: Woodworth
Vote:
Councilperson Aye Nay Abstain
Connors X
Hansen online, unable to participate in vote
Hunter X
Woodworth X
Gagnon X
Resolution 209 of 2023 passed on 18 October 2023
11.Discussion of Next Meeting Agenda
11.1.Draft Noise Law
12.Meeting Adjourned at 20:18
Recorded by Janice R. Adelman
Town Clerk
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