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HomeMy WebLinkAbout2025-11-03 Town Board Meeting Minutes1 | P a g e Town of Danby Town Board Meeting Minutes Held Monday, November 3, 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 (Via Video Conference) Greg Hutnik, Town Planner Other Attendees: Captain Tilton, USNR Ted Crane Garry Huddle Ronda Roaring Peter Moore Zach Larkins Brenda Walker Marnie Kirchgessner Jennifer Tiffany Jim Holahan Mark Pruce Theresa Klinger Erin Caruth Call to Order 6:0 3 Public Hearing 1 : 2026 Preliminary Budget for the Town of Danby Public Hearing 1 Started at 6:0 4 Spoke In Favor of the Preliminary Budget Spoke Against the Preliminary Budget Marnie Kirchgessner Ted Crane (Neutral Comment) Public Hearing 1 Ended at 6:0 6 Public Hearing 2 : 2023 Community Development Block Grant (CDBG) for Multi-Unit Income Properties (2 –4 units) Supervisor Gagnon Made a Statement about the CDBG Grants: “This is the second of two public hearings as required under the Community Development Block Grant Program. The purpose of it is to solicit public comment on the effectiveness of the administration of the program, to provide information on the activities and progress toward the goals. To obtain, people's views on the program, and to respond to public proposals, if any, for future investments of this kind.” Public Hearing 2 Started at 6:0 6 Spoke In Favor of the CDBG Program Spoke Against the CDBG Program Marnie Kirchgessner Ted Crane 2 | P a g e Public Hearing 2 Ended at 6:09 Additions/Deletions to the Agenda Hunter asked: “When we might hear something from Steve Selin regarding his agreed to task of asking Ag & Markets for a review . ~Moved to Business Privilege of the Floor Mark Pruce : “I just wanted to share that I feel really concerned about Danby residents who are on SNAP and I feel really worried about the state of the community and people who are dependent on SNAP and what they might be going through. I know the county released an emergency fund, but I don't actually know how that fund makes its way into people's pantries. I don't know if the town has any role to play in that or if it goes from the county straight to the food banks, but I guess I just wanted to say there are people in our community who are in a state of emergency if the checks don't show up or the money doesn't come into the account. I had an interesting conversation with a neighbor who's involved in the Danby Resiliency Group about what the role of government is in [an] emergency. I feel like this is an emergency for some people. I wonder what the role of the town can be in making sure that the people who live here are not going hungry, because they don't know how to access things that they didn't need before. Some people know where the food banks are, and other people don't. Some people know that SNAP is about to end, or may have a gap, and some people might not be following that news and might not know until they are in the grocery store and they swipe the card. So, if there's a role that the Town of Danby can play in meeting those needs, I think it should be discussed and be a priority for the Town. Can we have a discussion added to the agenda, just so we have a chance to talk about it, or is that… I think that would be a cool thing to talk about for a minute at some point.” (Discussion of SNAP Benefits moved to Business.) Ronda Roaring “In response to the previous comment, I think if you really are interested in people who are, let's say low income, then you ought to be coming to the Danby Food Pantry on the third Thursday of the month at the Danby Church. It opens at 4 o'clock, but if you come around 3 or 3.30, while people are standing around waiting, you can talk to them. And if you ask permission of the people at the church who put on the event, you might be able to use a table to sit and produce brochures or just talk to people privately. But that's where you really see the people in Danby who are in need a nd start to learn w ho they are, and what kinds of needs they really have. And some of them are very serious.” Ted Crane: ”Everyone in this room is sure to be knowing that tomorrow is Election Day, and if you haven't voted already during your early voting, you should . We hope to see you at the polling place. Second, I'm still hoping to hear reports on what progress the town is making on enforcement action, with respect to litter and garbage in yards and such things. I've been asking this for several meetings. I was reading an interesting article about NDAs, non -disclosure agreements , and how municipal officials sometimes find themselves signing those things. Others find that they are bound by NDAs that were signed by previous public officials. And I wonder if you could discuss or talk about whether you have any such NDAs in effect right now, having to do with, for example, solar farm development or a wind farm development, which I see is on the agenda for later today. Have you been asked to sign any NDAs? And, have you signed them? And of course, if you have signed them, you probably can't talk much about them, but I think the public should know these things. Now, you also have an item on the agenda about 1840, next door to Town Hall. And during the last meeting, there was an executive session. At the end of that session, a rather opaque resolution was passed saying that you agreed to buy the property for its a ppraised value. And when I asked what that value was, I got two answers: $50,000 and, $26,000. That's a pretty big difference, and it made me think about 3 | P a g e what's going on here. I had always assumed that the town would simply either have the guy demolish it himself, or you would do the demolishing and basically put the bill for that on his taxes. Which means that the town might be out the amount of the demolishment until either he paid it, or if he didn't pay it, that eventually it would go for a tax auction and you would be able to recover the money then. Which means you'd be out, if the material distributed with the agenda tonight, you'd be out somewhere between $25,000 and $30,000. Now, it appears you want to buy the property, which will cost you $25,000 to $30,000. I believe the latest demand from the owner was $28,000. And then you'd be on the hook for demolishing it, which is where I think that $50,000 figure came from. I think that's pretty foolish on the part of the town, because you can acquire it for back taxes, plus the cost of demolishing it once the person doesn't pay for it. Either way, you'd win, and you wouldn't actually have to buy it. Why the owner does not want to sell it to you, I do not know, but that's his choice. I just say you shouldn't be spending twicewhat you need to spend. Either way, you just want to get that thing demolished, which is probably a good thing. There's an opinion for you. I would love to hear a discussion for it, an explanation for why you're choosing to spend much more money than you need to.” Zachary Larkins: “I support actually buying the property next door, and I think it would be a great investment for something in the town's future.” Correspondence ~ None Announcements • Election Day is Tomorrow! • West Danby Pancake Breakfast Saturday, November 8 th • Danby Volunteer Fire Department Pancake Breakfast Sunday, November 16 th Meeting Minutes Resolution 257 of 2025 To Accept the October 20, 2025, Town Board Meeting Minutes Moved by Connors    Seconded by Gagnon Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 257 of 2025 passed on November 3, 2025   Reports and Presentations Town Clerk Report Code Officers Report Supervisor’s Reports General Fund Highway Fund Budget Transfer Request : FROM TO AMOUNT A1420.4 Attorney Contractual A1410.48 Legal Ads $400.00 4 | P a g e Resolution 258 of 2025 To A pprove the Transfer of Budgeted Funds Between Accounts Moved by Woodworth    Seconded by Connors Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 258 of 2025 passed on November 3, 2025   Warrant Abstract 21 of 2025 Resolution 259 of 2025 To Approve the General Fund Vouchers 410 - 430 for $6,722.73 Moved by Connors     Seconded by Gagnon Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 259 of 2025 passed on November 3, 2025   Resolution 260 of 2025 To Approve the Highway Fund Vouchers 2 06 - 217 for $23,577.92 Moved by Connors     Seconded by Woodworth Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 260 of 2025 passed on November 3, 2025   Resolution 2 61 of 2025 To Approve the Water Fund Vouchers #82 - #85 for $1,119.00 Moved by Connors   Seconded by Woodworth Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 2 61 of 2025 passed on November 3, 2025   Business Potential Vote to Adopt 2026 Budget 5 | P a g e Resolution 262 of 2025 To A dopt the 2026 Preliminary Budget Connors Thanked Shawley for all her work on the Budget. Moved by Gagnon   Seconded by Woodworth Vote:  Connors Yes  Hunter Yes  Stein Abstain Woodworth Yes  Gagnon Yes         Resolution 26 2 of 2025 passed on November 3, 2025   Consider Voting on Timber Harvest Law, as Amended Timber Harvest Local Law #6 of 2025 November 3, 2025 Section 1. Purpose The purpose of this law is to protect the health, safety and welfare of the residents of the Town of Danby by providing regulations governing logging operations within said town so as to protect the roads and highways within the Town of Danby and to ensure that such logging operations are conducted with due regard for environmental concerns. The Town recognizes that the timber resource in the Town is a renewable resource of significant value and may be harvested. The Town also recognizes that if the timber harvesting practices are poorly carried out they can result in significant environmental damage to the land and to adjacent lands, waters, and roads. Thus, an additional purpose and goal of this local law is to encourage the use of professional forest mana gement expertise in the preparation, evaluation, and completion of timber harvests. Section 2. Definitions As used in this document, the following terms shall have the meanings indicated: ToD – Town of Danby, Tompkins County, New York State MBF – Thousand board feet of timber ENFORCEMENT OFFICER – The Town of Danby official responsible for interpreting, applying, and enforcing this local law HARVESTING (LOGGING) – That process or processes which result in the felling of trees for purposes of using the timber therefrom for construction purposes, firewood, and any other uses to which such timber or logs would ordinarily be subjected. Included in this definition is not only the process of cutting down trees, but all attendant processes in making such timber usable for the purpose for which it is intended, including what is commonly known as “skidding” by motorized or animal-driven means, including but not limited to removal of limbs, cutting of logs to predetermined sizes, on-site splitting of logs and the removal of logs from property by means of transport by any method. 6 | P a g e PERSON – Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number. Section 3. Applicability Any person harvesting more than 10 MBF (10 thousand board feet) of timber, 20 cords of firewood, 40 tons pulpwood or combination thereof within a 12 -month period and using public roads within the ToD to transport these forest products is required to have a Timber Harvest Permit per this local law. Section 4. Exempt Activities The following activities may be carried out without a permit: 1. The felling of trees that pose a hazard to roads, utilities or buildings or any other harm and any cutting of trees ordinarily incidental to property maintenance or landscaping work. 2. The cutting of less than 10 MBF of sawtimber, 20 cords of firewood, or 40 tons of pulpwood or combination thereof per 12 -month period. 3. The clearing of a building site as approved in an issued building permit. 4. Harvesting timber from land owned by the State of New York performed under the supervision of the NYSDEC. 5. Timber Stand improvement, typically a non -commercial treatment to cut and leave low quality and low vigor trees to improve spacing, growth, vigor and overall forest health of remaining uncut trees. 6. Forestry activities by Woodland owners enrolled in the NY 480 -a forest tax abatement program. 7. Town residents who engage in logging activities as heretofore defined solely for their own personal use and not for resale to third parties. 8. The harvesting of Christmas trees. Section 5. Permit Required The required permit shall include the following information: 1. Personnel involved in the Timbering Project a. Owner - name(s), address, contact data, email, phones. b. Harvester - name(s), address, contact data, email, phones. c. Trucker(s) - name(s), address, contact data, email, phones. d. Consultant forester (if any) name(s), address, contact data, email, phones. 2. Property address. 3. Book and page of deed for property and Tax Map number. 4. A site plan to scale, showing: a. The boundaries of the property (or properties). b. The access roads into the property (or properties). c. The area within which the logging operation will occur. d. The location of the product loading area. 7 | P a g e e. NYSDEC stream crossing(s). 5. Volume estimates by forest product. 6. Number of acres to be harvested. 7. Estimated harvesting dates and hours of operation. 8. Type of harvest e.g. marked with paint, diameter limit, logger’s choice, other 9. The name(s) of the town road(s) to be utilized by the applicant in transporting said forest products. 10. Approved entry provisions for Tompkins County highways and/or NY State highways when needed. 11. Other information as required on the permit application, as determined by the Town of Danby. 12. Any other permits required. The permit application form shall be signed by the property owner(s) and the harvester. The harvester shall include with the permit application proof of current liability insurance in the amount of $1,000,000 and keep it in force during the life of the harvesting contract. The harvester shall include with the application proof of workers' compensation and disability coverage or proof of exemption thereof. The harvester will obtain and utilize the current edition of the New York State Forestry BMP Field Guide Voluntary Best Management Practices for Water Quality. Section 6. Enforcement Officer The Town of Danby Town Planner/Zoning Officer/Stormwater Management Officer is the Enforcement Officer of this local law and shall have the authority to interpret, apply, and enforce this local law. Section 7. Permit Review Permit application shall be reviewed and approved by the ToD Planner/Zoning Officer/Stormwater Management Officer, in consultation with the ToD Highway Superintendent, within 10 business days of submission to the ToD Town Clerk and receipt of a fee in an a mount set by resolution of the Danby Town Board. Section 8. Requirements for Permit Implementation 1. Timber shall not be skidded across any highway, nor shall log harvesting equipment cross the highway as part of the logging operation if the Highway Superintendent determines that this action is unsafe or may cause extreme highway damage. 2. All debris resulting from tree cutting along the highway and at the loading area within 50 feet of the highway shall be removed by the applicant. 3. Entry from property onto ToD roads shall be approved by ToD Highway Superintendent prior to installation/use. 4. The Town Highway Superintendent is hereby granted the power to order the cessation of logging operations within the Town of Danby when weather conditions are such that the utilization of town roads for purposes of a logging operation may result in damages to said roads or the creation of a hazard to residents utilizing said town roads. 8 | P a g e 5. The Town Highway Superintendent is further empowered to impose reasonable restrictions as hereinafter set forth when a logging operation may result in the creation of a hazardous condition to residents or damage to town roads, regardless of weather conditions. 6. The Highway Superintendent may require the following of the logging operator (harvester): a. The erection of signs indicating truck entrance. b. The installation of temporary culverts at the entrance to a logging operation which abuts a town road. c. Off-street parking for all vehicles of those participating in the logging operation. d. Determining the distance of loading and storing of logs from the traveled way of any Highway. e. Placement of gravel, stone, mats, planking or other treatments of the entry area onto public highways to minimize damage to ToD roads. f. Such other conditions of operation may be imposed that, in the judgment of the ToD Highway Superintendent, effectuate the provisions of this section. Section 9. Appeals In the event the permit is denied by the ToD Planner/Zoning Officer/Stormwater Management Officer, the applicant may appeal the decision to the Town of Danby Board of Zoning Appeals in writing within 30 days of the denial. The Board of Zoning Appeals shall act on the appeal within 62 days of the written appeal request. Section 10. Penalties for offenses 1. Violations and appearance tickets; Penalties. Any noncompliance with or violation of the requirements of this Local Law shall be a criminal offense classified as a “violation,” and for purposes of this Local Law the Town's justice court is hereby vested an d imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal violation of this Local Law and thereafter, if appropriate, impose any fine, penalty, or sanction. In addition to such other penalties as may be prescribed by state law, any person or entity that violates, or fails to comply with, any provision of this Local Law sh all be guilty of a violation and subject to a criminal fine of not more than $1500 nor less than $1000. If the offense is a second violation, being one that occurs within five years of any prior conviction for violating or not complying with this Local Law , then the fine shall be not more than $3,000 and not less than $2,000. Each week that any noncompliance or violation continues is and may be charged as a separate violation and, in addition to any other remedy, a violation of or noncompliance with this Local Law may result in the termination, modification, or revocation of any permits or approvals issued. 2. Injunctive relief; Remedies not Exclusive. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of, or noncompliance with, this Local Law, the Town may bring an action to enjoin or restrain the threatened breach, or continuation of, such violation or noncompliance. In any such proceeding, the court may 9 | P a g e also declare the rights and interests of any parties, may adjudicate any criminal violation allegations, and may impose any fines or award any damages or other relief requested by the Town. In any action seeking equitable relief or injunctions, including u nder Article 63 of the New York Civil Practice Law and Rules, the Town shall not be required to post any bond or undertaking, prove that there is or will likely be irreparable harm, or prove that the Town has no adequate remedy at law. The application or p ursuit of any civil or criminal remedy under this Local Law shall not affect an election of remedies by the Town, nor foreclose the pursuit of any other remedy or option. The rights and enforcement provisions of this Local Law are in addition to, and not i n limitation of, any other rights or remedies the Town may have in law or equity. Section 11. Partial invalidity If any provision of this local law is found to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. Section 12. Effective date This local law shall take effect immediately. Resolution 263 of 2025 To Adopt Local Law #6 Timber Harvest Law as Amended Moved by Gagnon   Seconded by Connors Gagnon modified the motion to have “ Hours of operation” replace “Time of operation”. Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 26 3 of 2025 passed on November 3, 2025   Additional Action re 1840 Danby Road, Possibly Including Accepting a Quote for Demolition and Removal of 1840 Danby Road and possible purchase. Gagnon updated the group on the property negotiations. The Board authorized Gagnon to offer $26,0 00 to purchase the property and then have the building demolished. The s eller has now asked for $28,000 . Discussion Ensued. Connors asked to see the asbestos report which Dillon provided. Shawley said that the fund balance would cover the cost of the purchase and demolition. Hutnik suggested there might be CDBG money for blighted properties. Hutnik will look into this. Resolution 264 of 2025 To Agree to Purchase 1840 Danby Road for $28,000 , “as is”. Moved by Gagnon   Seconded by Connors Vote:  Connors Yes  Hunter Yes  10 | P a g e Stein Yes Woodworth Yes  Gagnon Yes         Resolution 26 4 of 2025 passed on November 3, 2025   Resolution 26 5 of 2025 To Rescind the Order to Demolish 1840 Danby Rd Moved by Gagnon   Seconded by Connors Discussion ensued. Motion Amended: Resolution 265 of 2025 Motion Amended to Rescind the Demolition Order, Contingent on the Deal (Purchase) Being Consummated. Moved by Gagnon   Seconded by Connors Vote:  Connors Yes  Hunter Yes  Stein No Woodworth Yes  Gagnon Yes         Resolution 26 5 of 2025 passed on November 3, 2025   Gagnon brought up how to proceed with hiring an attorney to handle the closing. Discussion ensued. Resolution 266 of 2025 To Hire a Lawyer for the Closing on 1840 and Possibly Split the Cost with the Seller. Moved by Hunter   Seconded by Connors Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 266 of 2025 passed on November 3, 2025   Consider Accepting TG Miller Proposal for Professional Services to Prepare Construction Documents for Accessibility Improvements at Town Hall. Dillon went over the current proposal from TG Miller to create the drawings for the front steps of Town Hall and other professional ser vices. Resolution 26 7 of 2025 To Approve TG Miller Proposal for Professional Services up to $11,500 to be Paid for by the Building Reserve Fund Moved by Woodworth   Seconded by Hunter Vote:  Connors Yes  11 | P a g e Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 26 7 of 2025 passed on November 3, 2025   Discussion: Data Centers and Renewable Energy Installations (Low Frequency Sound from Solar Farms, Battery Energy Storage Facilities and Windmills). Are We Adequately Prepared to Deal with These If They Were to Be Proposed in Danby? Gagnon explained: “ There have been comments made, raising the issue of whether or not we're vulnerable to the possibility of a data center being located in Danby. And more broadly, there's also the question of w ind farms, battery energy storage facilities, both of which potentially could be a source of low -frequency noise, which could be disturbing at considerable distances, and whether those issues are adequately addressed in our current regulatory climate. Hutnik said he is not prepared to speak about the subject . Discussion ensued. Resolution 26 8 of 2025 To Extend the Meeting by 15 Minutes Moved by Gagnon   Seconded by Hunter Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 26 8 of 2025 passed on November 3, 2025   Hutnik stated that this subject deserves more research and presentation. 1979 Code of Ethics Revision? Dillon explained that General Code had found the 1979 law was the most recent law adopting a code of ethics. Connors pointed out th at a previous board had discussed a code of ethics at length around 2019 and may have created a policy. Connors will look into it. Resolution 26 9 of 2025 To Extend the Meeting to 8:30 Moved by Gagon   Seconded by Woodworth Vote:  Connors Yes  Hunter Yes  Stein Yes Woodworth Yes  Gagnon Yes         Resolution 26 9 of 2025 passed on November 3, 2025   12 | P a g e Hunter asked when we might hear something from Steve Selin regarding his agreed to task of asking Ag & Markets for a review. Hunter expressed concern that the Town has not responded to the questions about what is allowed on the South Hill Cider property. Hutnik clarified: “That in order to be in compliance with Ag and Markets as being a farm operation, there are two conditions that need to be met: • Predominant Standard ~ Producing 51% of the products that they are selling. He mentioned there was a ramp up (grace period) during which time this predominant standard does not need to be met. • Up to 30% of income can be generated by on farm marketing activities. So, the Town can ask to see that those conditions are met. Twice now, I've asked Steve [Selin] to just voluntarily provide us with that data. I think a bit of trickiness in this is that what does it look like? And likely, the town might need to hire an outside party to review that information. I don't know if I could go through a business's Tax returns or files and numbers and tell you confidently that he's meeting these standards .” Stein asked if this is what Ag and Market s is supposed to do. Gagnon clarified that Ag & Markets is primarily in support and defense of the farmers. Discussion ensued. Hutnik Suggested providing a deadline, and if that is not met, then let Selin know that he is out of compliance with zoning because he has not met the conditions. Discussion of SNAP Benefits ~ Postponed to the next meeting . Discussion of Next Meeting Agenda Discussion of SNAP Benefits Adjourn 8:35 Mariah Dillon, Danby Town Clerk