HomeMy WebLinkAbout2024-04-25 Town Board Minutes, Special Meeting
Board Members Present:Joel Gagnon, Town Supervisor
Leslie Connors
Katharine Hunter
Patricia Woodworth
Paul Hansen
Town Staff:Laura Shawley, Bookkeeper
Mariah Dillon, Town Clerk
Other Attendees:Ted Crane
Jim Holahan
1.Call to Order 2:02
2.Additions to Agenda
2.1.Resolution 127 of 2024 To Add Authorization for Taps Across America Event at Town
Hall To the Agenda
Discussion ensued regarding the status and appropriateness of adding the Taps Across America
Event to the agenda. Connors objected to adding anything at all to the agenda,
Moved By Gagnon Seconded by Hansen
Roll Call:
Connors No
Hansen Yes
Hunter Yes
Woodworth Yes
Gagnon Yes
Resolution 127 of 2024 passed on April 25, 2024
3.Privilege of the Floor
Ted Crane expressed support for trails in general. Crane asked the board if they would explicitly state
whether there are any property owners whose property is crossed by the trail who have objected to it.
He mentioned there were instances reported in the past, where a trail goes through literally
someone's front yard or backyard, or close enough to the house that it might be within the setback, if
there was a setback involved. Crane asked the board to state whether that problem still exists.
Jim Holahan mentioned that he lives very close to the trail and has enjoyed the trail being mostly
unpopulated, and enjoys the aspect of going back there and having the trail to himself. He looks
forward to the trail coming through the area and thinks it's going to be great for the residents in the
area to be able to utilize it.
Supervisor Gagnon replied to Crane that the right of way (where the trail is located) is owned by
Mary Ann Barr 2021
T he Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
Town Board Special Meeting
T hursday April 25, 2024 at 2:00PM
NYSEG, and does not cross anybody’s property. He went on to say that while some people may claim
that they own some property on the trail, extensive research was done and found that only NYSEG
owns the land upon which the trail will be located.
4.Business
4.1.Approving Trail Easement and MOU for South Hill Trail Extension
Discussion ensued regarding costs for maintaining the trail from Burns to Banks (approximately 1.5
miles). Gagnon mentioned that the initial arrangement was that Danby would be responsible for
about one quarter of the costs for maintaining the trail, which comes to about $2,500 per year. The
Town of Ithaca will be taking the lead on trail maintenance. L. Shawley said that Danby’s current
insurance policy would cover the trail and there should be no increase in cost of insurance.
Resolution 128 of 2024 Authorization to Sign an Easement with NYSEG and to Sign an
Intermunicipal Agreement with the Towns of Dryden, Ithaca, and Caroline for the potential South Hill
Recreation Way Extension
Whereas, the Town of Danby wishes to cooperate with the Towns of Caroline, Ithaca, and
Dryden to develop an extension of the South Hill Recreation Way from its present terminus at Burns
Road out to the Tioga County line; and
Whereas, the route of this trail extension follows the former railbed which is now owned by
New York State Electric and Gas (NYSEG); and
Whereas, a draft easement with NYSEG has been prepared for this project and has been
presented to this Board; and
Whereas, an inter-municipal agreement with the Towns of Caroline, Ithaca, and Dryden has
been drafted setting forth the responsibilities and liabilities regarding this trail extension project and
has been presented to this Board; and
Whereas, NYSEG has offered to sell trail easements to the Towns based on a fair market
appraisal price of $36,667, with the Town of Danby’s share being $7,998; and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and
its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
acquisition of less than 25 acres of parkland is a Type II action, and the adoption of regulations,
policies, procedures and local legislative decisions in connection with any action on the Type II list is
also a Type II action, pursuant to 6NYCRR Section 617.5(c)(39) and (33), and thus the acquisition of the
easement and approval of the inter-municipal agreement are not subject to further review under
SEQRA; and
Whereas, a public hearing was held pursuant to General Municipal Law Section 247; now,
therefore, be it
Resolved, that the Town Board of the Town of Danby hereby approves and authorizes the
execution of the proposed easement with NYSEG for the potential extension of the South Hill
Recreation Way, and it is further
Resolved, that the Town Board of the Town of Danby authorizes the payment to NYSEG of
$7,998 for the Town of Danby’s portion of such easement upon full execution of the easement, and be
it further
Resolved, that payment of said funds are to be made available wholly from American
Rescue Plan Act money, which are sufficient funds to cover the purchase price and costs of this
transaction, and be it further
Resolved, that the Town Board of the Town of Danby hereby approves and authorizes the
execution of the proposed inter-municipal agreement with the Towns of Dryden, Danby, and Caroline
regarding future maintenance of and other responsibilities and liabilities regarding the trail, and be it
further
Resolved, that the Town Supervisor is authorized and requested to take such steps (including
the expenditure of funds for easement purchase, recording fees, filing fees, and other real estate fees
and expenses), and to execute all such documents (including the easement and inter-municipal
agreement) as are deemed necessary to effectuate such easement and the purposes of this
resolution.
Moved: Gagnon Seconded: Hansen
Roll Call:
Connors Yes
Hansen Yes
Hunter Yes
Woodworth Yes
Gagnon Yes
Resolution 128 of 2024 passed on April 25, 2024
4.2.Resolution 129 of 2024 to Approve the Use of the Town Hall Properties for a Memorial
Day Taps Across America Service this year and in Succeeding Years.
Moved By Woodworth Seconded by Hunter
Roll Call:
Connors Absent
Hansen Yes
Hunter Yes
Woodworth Yes
Gagnon Yes
Resolution 129 of 2024 passed on April 25, 2024
5.Discussion of Next Meeting Agenda
6.Adjourn 2:21