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HomeMy WebLinkAbout2025-08-18 Town Board Meeting Minutes1 | P a g e Town of Danby Town Board Meeting Minutes Held Monday, August 18, 2025 Board Members Present: Joel Gagnon, Town Supervisor Leslie Connors Katharine Hunter Tyler Stein Patricia Woodworth Town Staff: Mariah Dillon, Town Clerk Laura Shawley, Bookkeeper Keith Shipman, Highway Superintendent Other Attendees: Zach Larkins Captain Tilton, USNR Yvonne Everhart Susan Perri Ted Crane Ronda Roaring Peter McDonald Dan Klein Greg Nelson Jim Holahan Nadia and Hunter Grigg Garry Huddle Heather Coffey Call to Order 6:00 PM Additions/Deletions to the Agenda • Guidance Discussion for Room Use Policy Drafting – Moved to Business • Additions to Permission to Spend Highway Funds – Moved to Business • DCAP Agreement for Park Services – Moved to Business Privilege of the Floor Ronda Roaring – Thinks the Town Board is being disingenuous regarding Safe Streets Program. You're looking at a very small number of spots in the town of Danby, and assessing them, and determining whether or not, they are safe, and how to make them less unsafe. And yet, when it came to South Danby Road, we had one woman who lives in the old church , h ave a car run through her front yard and take down two of her trees. I had someone hit my mailbox and then my fence. The person in the next house down the road from me says that she has had 3 people turn over in the ditch on the other side of the road, which is actually the creek. And then another fellow further down the road, had somebody plow through his bushy fence. And so, when I came to the town board with all the names of these people who were hoping to… that you would contact the DOT to lower the speed limit to possibly make the road safer, you said no. Therefore, I feel you're being disingenuous. 2 | P a g e The second thing that I want to say is I hope you're not going to be voting on the noise ordinance today, because I have a lot to say about decibel limits. I feel like I'm an expert on decibel limits, having dealt with the state on this issue, and so I will put it in writing if you don't vote on it today. Ted Crane – I noticed that you added the discussion about the Park Services Agreement. And I'd like to ask a favor. The park was not prepared to come, but Pamela and I will be home until 6.30, and if you could move that up in the agenda, if you need our input at all, that would be a favor. Like Ronda, I found it interesting that the noise law showed up on the agenda. I know you're not going to vote on it. I took a look at it; it's dated October 2 years ago. A couple of questions. First one is, what happened to it between now and then? Why is it coming up now, and why was nothing happening on it for 2 years? And I didn't have time to read it in detail. I checked a couple of items that I remembered from last time around. And they're both still in there. One of them is the fact (it's Section 7 ), which basically makes a property owner liable for whatever happens on his property, as long as it's not, shall we say, trespass or something like that. I can think of any number of situations why that would put a property owner who had nothing to do with noise in legal jeopardy, and I think that that is a glaring loophole. Also, you're more or less saying that 90 decibels is an acceptable level at a property line. I differ with that greatly. Ninety decibels continuously for half an hour is enough to damage your hearing. I think that the details of this need to be brought out in p ublic and open for public discussion for comments such as I've just given you, and you really should be prepared to revise what Guy has proposed. I am in favor of a noise ordinance, but one that is better thought out than this one. Town newsletter guidelines - I'm not sure what the revisions are, since it's been a long time since if I ever saw the previous ones, but I'd like to point out that you are proposing in those guidelines to pay for things which put the newsletter in direct competition with a private newsletter, one that is produced by a nonprofit in the town, which operates for the town's good. Basically, you're spending money to duplicate what already exists. I'm referring, basically, to community events. And I'll just say this, not in consultation with anyone else involved with the Dan by Community and Park, I think you would be better off taking the 4 pages or so of unique content that you have in that newsletter, and basically making an agreement with the Danby News to simply publish them unedited. We'll put it on different colored paper in the centerfold. And that would save you half the money you're spending on it and not duplicate services. Garry Huddle – Noise Ordinance - I think it's time for the board to either do something with this or drop it. I've got letters going back to 1997 about this noise ordinance, and it's been… that's almost 30 years! I mean, you get a couple people complaining, all the time. Different ones , but you never have more than a few people. And then it rises to the top of the subject, and then all of a sudden, it just falls through the cracks again. Either do something about it or drop it. Nadia Grigg – On the noise ordinance, just want to say it's more than just a few people, and there is a petition with, over 30 folks who signed that, so I don't want to minimize that. Also, just a brief statement. Just before this call, we did catch wind of a possible s olution that was being explored for the parking at South Hill Cider, in regards to the use of the conservation easement, and it sounds like possibly one of the solutions that's being explored is bringing a parking lot closer to the residentia l neighborhood, which would be right on our property boundary. I just want to say that that would not be considered a viable solution for us, as the whole point of this is to mitigate sound pollution, dust, view shed, and not bring it closer to the neighborhood. Correspondence Jenning Pond Inspection Report 3 | P a g e Announcements Town Clerk Dillon Announced that the Town Hall will be closed August 27 – 29 for HVAC upgrades. Dillon will be on hand each day to let in the workers. Reports and Presentations • EMC Presentation of Updates to Unique Natural Areas in Danby – Peter McDonald, Danby Representative to the Tompkins County Environmental Management Council, presented a PowerPoint presentation called UNA Municipal Presentation July 2025 that focused on promoting the conservation of UNA’s (unique natural areas). • County Legislature Rep Dan Klein “The county legislature will be meeting tomorrow night a nd one of the things we will be voting on is the Housing Affordability and Supportive Infrastructure Grant Program. Specifically, a request from the Town of Danby for $10,000 to help fund the map, plan, and report for the sewer district formation. Other than that, we’re about to go into budget season and you may have read that the County has an eleven million budget deficit , which could equal a 6% tax lev y – but that is before legislators have had a chance to add what we may add. We are doing our best to narrow that gap, but it’s going to be the biggest tax increase we’ve had in several years. One piece of good financial news is that the sales tax receipts continue to stay high. As of mid-year, they are 7% above where they were last year. So that is good news for the town of Danby, as well as the county, because the town gets a portion of the sales tax receipts. “ • Highway Superintendent Keith Shipman Shipman updated the Town Board on roads that will be chip sealed , including: • West Jersey Hill Road from Town Line to West King Road • East Miller Road from Nelson Road to Marsh Road • Muzzy Road from Rt. 96B to Troy Rd • Gunderman Road from Rt. 96B to Comfort Rd • Layen Road from West Jersey Hill Road to Town Line Road • Leib Road from Comfort Road to Bald Hill Road • Curtis Road from Rt. 96B to Hill Road Meeting Minutes Resolution 199 of 2025 To Approve August 4, 2025, Town Board Meeting Minutes Moved by Ga gnon Seconded by Connors Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 19 9 of 2025 passed on August 18, 2025 4 | P a g e Supervisor’s Report Supervisor Gagnon informed the board that the account analyses had been delivered and were linked to the agenda . Warrant Abstract 16 of 2025 Resolution 200 of 2025 To Approve the General Fund Vouchers 313 - 341 for $24,87 3 .42 Moved by Connors Seconded by Woodworth Tax on a couple items were removed. A revised a bstract was sent just before the meeting. Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 200 of 2025 passed on August 18, 2025 Resolution 201 of 2025 To Approve Highway Fund Vouchers 1 47 - 160 for $27,878.78 Moved by Connors Seconded by Woodworth Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 201 of 2025 passed on August 18, 2025 Resolution 202 of 2025 To Approve West Danby Water Fund Vouchers 72 - 76 for $869.59 Moved by Connors Seconded by Gagnon Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 202 of 2025 passed on August 18, 2025 5 | P a g e Business Consider Adopting Safe Streets for All Joint Safety Action Plan Resolution 203 of 2025 To Adopt a Vision Zero Policy Moved by Gagnon Seconded by Connors WHEREAS, the life and health of all persons living and traveling within the Town of Danby are our utmost priority, and no one should die or be seriously injured while traveling on our town streets; WHEREAS, Vision Zero is the concept that traiffc deaths and serious injuries on our roadways are unacceptable; WHEREAS, Vision Zero is a holistic strategy aimed at eliminating all traiffc fatalities and severe injuries suffered by all road users while increasing safe, healthy, and equitable mobility for all; WHEREAS, streets and transportation systems have traditionally been designed primarily to move cars eiffciently, and Vision Zero supports a paradigm shift by designing streets and transportation systems to move all people safely, including people of all ag es and abilities, pedestrians, bicyclists, public transit users, scooter riders, and motorcyclists, as well as drivers and passengers of motor vehicles; WHEREAS, Vision Zero recognizes that people will sometimes make mistakes, so the road system and related policies should be designed to ensure that those inevitable mistakes do not result in severe injuries or fatalities; therefore, transportation planners and engineers and policymakers are expected to improve the roadway environment, policies, and other related systems to lessen the severity of crashes; WHEREAS, one person in the Town of Danby lost their life to traiffc deaths from 2020 -2024, and traiffc crashes are among the leading cause of deaths in the United States; WHEREAS, the Town of Danby’s transportation infrastructure serves an increasing number of vulnerable road users such as pedestrians and bicyclists; WHEREAS, speed is recognized as a major determining factor of survival in a crash; WHEREAS, the Town is working toward reducing vehicle speeds because the likelihood of a pedestrian surviving a crash is 10 percent if hit by a vehicle moving 40 mph; WHEREAS, children, older adults, people of color, people with disabilities, people who are unhoused, and people with low income face a significantly disproportionate risk of traiffc injuries and fatalities; WHEREAS, making streets safer for all people using all modes of transportation will encourage people to travel on foot, by bicycle, and by public transit, which supports a healthier, more active lifestyle and reduces environmental pollution; 6 | P a g e WHEREAS, successful Vision Zero programs are a result of all stakeholders, including government at all levels, industry, non -profit/advocacy, researchers, and the general public, collaborating to preventing fatalities and serious injuries on our roadways; WHEREAS, under the State Environmental Quality Review Act (SEQRA), Environmental Conservation Law Article 8, the Town Board hereby finds and determines that this law constitutes a Type II action, pursuant to Section 617.5 (C) of Title 6 of New York Code of Rules and Regulations, in that the law authorizes (24) information collection, including basic data collection and research; (26) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; (27) preliminary planning processes necessary to formulate a proposal for an action; (33) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list, but does not commit the Town to commence or approve an action NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Danby, State of New York, as follows: The Town of Danby adopts the goal of eliminating traiffc deaths and a 50% reduction in serious injuries by 2040 and endorses Vision Zero as a comprehensive and holistic approach to achieving this goal. The Town of Danby adopts the Joint Safety Action Plan, attached hereto as Exhibit A, as a comprehensive and holistic approach to achieving Vision Zero. The Town of Danby Clerk shall certify the adoption of this Resolution, effective immediately, by the Town Board. PASSED AND ADOPTED by the Town Board of the Town of Danby, State of New York, on 18th of August 2025 by the following vote: Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 203 of 2025 passed on August 18, 2025 Schedule CDBG Public Hearing – September 8th Proposed Resolution 204 of 2025 To Schedule CDBG Public Hearing for September 8th Moved by Gagnon Seconded by Woodworth Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 204 of 2025 passed on August 18, 2025 7 | P a g e Planning for the Skate Park – Structural Engineering Zachary Larkins gave several updates including speaking to an engineer to provide services to design the upgrades to the former highway equipment shed building on Bald Hill Road including identifying issues and producing specifications. The rough estimate for these services is approximately $1,800 . Stabilizing the structure may cost about $7,8 00. Then, building the skate park would be another $6,000 or so. Larkins has identified several fund-raising opportunities. Connors brought up that one person wanted to know why the skate park was not going to be in Dobson Park. Besides the park not being receptive, there is the cost of insurance being very low for it on town property while being about $8 ,00 0 to add insurance coverage to the park. Larkins explained the cost difference. Hunter Grigg offered the use of his heavy-duty concrete mixer to assist with skate park construction Resolution 205 of 2025 To Authorize Zach Larkins to Procure the Necessary Engineering Services to Evaluate and Design a Structural Solution Moved by Gagnon Seconded by Stein Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 205 of 2025 passed on August 18, 2025 Accessibility Project Update from Buildings and Grounds Committee Dillon gave an update of the Building and Grounds Committee meeting on August 13 th. TG Miller provided a quote for several professional services around the crosswalk and Town Hall accessible entrance for $15,000. The committee responded to TG Miller that we are only looking for a proposal for final design services. In addition, Larkins will be seeking other quotes from one or more engineers for the services needed for the projects. Town Newsletter Guidelines Woodworth provided a list of steps and guidelines for producing the town newsletter. Discussion ensued regarding several items, including Crane ’s suggestion to include town items in the Danby News. It was determined that Crane’s private newsletter was primarily for community events and commentary on town government, and there is not much overlap or duplication of information . Woodworth offered that it’s not unusual for a town to have more than one newsletter. Gagnon clarified that he was only raising the possibility of combining the two newsletter s so it could be discussed. Connors referred to the number of problems with having Crane publish the town newsletter, which led to the town’s decision to defund that newsletter, and put money into another town newsletter, saying that it was Crane’s choice to continue the defunded newsletter. Woodworth mentioned complaints for years about how Crane’s newsletter was handled a dding 8 | P a g e “there’s no sense in going back”. Nelson offered that there are errors in both newsletters and expressed frustration to have “this many dead trees for redundant information ”. Nelson said he did not understand the resistance to combining the newsletters and putting fixed content into a single newsletter. Huddle suggested adding an opinion page to the town newsletter. Gagnon responded that “we're constrained in terms of expressing opinion in an oiffcial publication ”. Several additional suggestions for expanding content were discussed. Utilizing the web and/or social media for town news was discussed. Coffey emphasized that the town should continue with the unbiased view of what’s going on in Danby. “I think that spending a little bit of money to tell people what's happening, what the decisions are, is important.” Everhart was unaware of the town newsletter and asked for a link in the Danby News to the town’s website. She suggested working together to find a solution. Banning sexual content and profanity was brought up and determined that it would not affect LBGTQ+ issues and events. Resolution 206 of 2025 To Adopt the Newsletter Guidelines It was mentioned that the guidelines can be changed or updated in the future. Moved by Gagnon Seconded by Connors Vote:  Connors Yes  Hunter Yes  Stein Abstain Woodworth Yes  Gagnon Yes        Resolution 206 of 2025 passed on August 18, 2025 Propose Enacting Guy Krogh Draft of a Noise Law? Gagnon responded to the question of why is this coming up now? He mentioned that Warren Cross was charged with producing something we hoped would be as simple as possible. The town then asked Attorney Guy Krogh to craft something which is what this is. Then Cross came back and said, “I recommend that instead of doing a standalone law, you look at incorporating, noise provisions into the zoning law.” Woodworth added that Cross had several other ideas but eventually came back around to Krogh’s latest version. Gagnon further added that a couple of board members might want this to be acted on before they leave oiffce in December. He went on to observe that in the draft law landlords are responsible for tenants’ behavior and it's diiffcult to act against a tenant. Gagnon stated that the proposed law “would be putting the landowner in the position of trying to induce a tenant to do something that they’re not in a position to try to induce them to do”. Gagnon made it clear that in his opinion the one responsible for noise should be the one making the noise. Connors countered that you first go to the one making the noise, and if that’s unsuccessful - you go to the landlord. Discussion ensued. Hunter mentioned that this draft is two years old. Gagnon was unsure if it had been before the public. Stein brought up that th e proposed law exempted mining. Gagnon pointed out that mining is not an allowed use according to the Danby Zoning law. He stated he did not want mining in Danby. Discussion ensued regarding mining, fracking, zoning, and DEC regulations. 9 | P a g e Resolution 207 of 2025 To Extend the Meeting by 15 Minutes Moved by Connors Seconded by Hunter Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 207 of 2025 passed on August 18, 2025 It was decided to make the proposed noise law public for consideration and to get input and feedback from residents during the entire month of September, then possibly make revisions in October before scheduling a public hearing. CDBG Housing Rehab Participant Approvals – 930 and 940 Comfort Road Resolution 208 of 2025 To Approve CDBG Grants for Both Properties Moved by Woodworth Seconded by Gagnon Vote:  Connors Yes  Hunter Yes  Stein Abstain Woodworth Yes  Gagnon Yes        Resolution 208 of 2025 passed on August 18, 2025 Guidance Discussion for Room Use Policy Drafting Put off until the next meeting. Enforcement Actions Updates and Directives Gagnon provided an update on 1840 Danby Road: ” I was most recently contacted by the real estate agent for 1840, and we have to agree on an appraisal. I will then draft a document that says we agree to buy, and they agree to sell. South Hill Cider – Gagnon and Connors met with Steve Selin. Gagnon stated “The only legal issue the Town has is the agricultural use , which is allowed by both our zoning and by the conservation easement on the property. We believe, based on Guy (Krogh's) analysis and others as well, that the operation exceeds what Ag and Market s would consider agricultural activity and use. Leslie (Connors) and I expressed that to Steve (Selin) on Friday, and he disagreed. He stated that “I think I am within Ag and Markets guidelines.” So, given that there's a disagreement, Ag and Markets c ould make a determination if (Selin) asked them to and he agreed to do that.” Gagnon added that he would draft a letter to Selin summarizing their conversation. Gagnon also said that Selin was willing to enter into conversation with his n eighbors and hold a meeting with them. Hunter stressed that Gagnon should specify a timeline for Selin to write to Ag & Markets. S Perri clarified that any party can request the review from Ag & Markets, Selin has to agree to be investigated. Discussion continued. Gagnon reiterated that the Ag & Markets review only 10 | P a g e addresses where he may be legally at fault, the other part of this is the noise, and that is where community meetings are probably the better venue to see what kind of progress can be made. Resolution 209 of 2025 To Extend the Meeting by Five Minutes Moved by Connors Seconded by Hunter Vote:  Connors Yes  Hunter Yes  Stein No Woodworth Yes  Gagnon Yes        Resolution 209 of 2025 passed on August 18, 2025 Resolution 210 of 2025 To Agree to Spend Town Highway Funds (Request #2) Pursuant to the provisions of Section 284 of the Highway Law, we agree moneys levied and collected for the repair and improvements of highways, and received from the state for repair and improvement of highways shall be expended as follows: General Repairs 1. A sum not to exceed $16,500 shall be spent on West Jersey Hill Road from Town Line Road to West King Road. The surface treatment will be a single coat of chip seal. The funding for this project will come from the CHIPS allotment from New York State. 2. A sum not to exceed $11,000 shall be spent on East Miller Road from Nelson Road to Marsh Road. The surface treatment will be a single coat of chip seal. The funding for this project will come from the CHIPS allotment from New York State. 3. A sum not to exceed $19,000 shall be spent on Muzzy Road from Rt. 96B to Troy Rd. The surface treatment will be a single coat of chip seal. The funding for this project will come from the CHIPS allotment from New York State. 4. A sum not to exceed $21,000 shall be spent on Gunderman Road from Rt. 96B to Comfort Rd. The surface treatment will be a single coat of chip seal. The funding for this project will come from the CHIPS allotment from New York State . 5. A sum not to exceed $14,000 shall be spent on Layen Road from West Jersey Hill Road to Town Line Road. The surface treatment will be a single coat of chip seal. The funding for this project will come from the CHIPS allotment from New York State. 6. A sum not to exceed $14,000 shall be spent on Leib Road from Comfort Road to Bald Hill Road. The surface treatment will be a single coat of chip seal. The funding for this project will come from the CHIPS allotment from New York State. 7. A sum not to exceed $29,000 shall be spent on Curtis Road from Rt. 96B to Hill Road. The surface treatment will be a single coat of chip seal. The funding for this project will come from the CHIPS allotment from New York State. 11 | P a g e Moved by Woodworth Seconded by Connors Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes        Resolution 2 1 0 of 2025 passed on August 18, 2025 Discussion of Next Meeting Agenda • DCAP Agreement for Park Services • Guidance Discussion for Room Use Policy Drafting • Code Oiffcer’s report to the Board on Derelict Houses and Updates on Property Maintenance Enforcement Adjourn 8:18 PM - Mariah Dillon, Town Clerk