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HomeMy WebLinkAbout2026-05-11 Special Town Board Meeting Minutes Town of Danby Town Board Special Meeting To Be Held Monday, May 11th, 2026, at 3:00 PM Meeting Minutes PRESENT: Leslie Connors Mariah Dillon Zach Larkins Joel Gagnon ABSENT: Mark Pruce OTHER ATTENDEES: Town Planner: Greg Hutnik Deputy Clerk: Cindy Katz Public (virtual): Theresa, Katharine Hunter, Julie C, Hunter Grigg, Steven S Susan P, Huddle 1. CALL TO ORDER: 3:03 PM 2. ADDITIONS/DELETIONS TO THE AGENDA: 1.1 Potential Modification of Town Hall Accessibility Plan The board determined they will discuss this topic at the meeting next week. 3. BUSINESS 3.1 FOIL Appeal Document A: Board members looked over the document, noting it was a back and forth between town board members and staff member following an email sent by a resident. The email sent by the resident, as well as the response sent to them, was shared through the FOIL request. Board members noted that the exchange is not relevant to the FOIL request, and that it was properly withheld as it is intra-agency communication. None objected to releasing the document in spite of the fact that it could be withheld. They agreed to have it shared. Document B : Board members noted that this was an intra-agency email from a member of the CAC. There was no follow-up to it, as the topic was discussed during the subsequent CAC meeting. Connors stated that the record access officer who withheld it did so because they properly followed the letter of the law . However, the Town Board saw no reason not to release it and agreed to share it. Document C : Board members discussed some of the content of the email, noting that their understanding of when and under what contexts they are allowed to discuss topics has since changed due to new information from legal counsel. They determined that this email was also correctly withheld due to it being an intra-agency communication. However, like the others, they also s aw no harm in it being shared. Supervisor Gagnon expressed the desire of the board to avoid even the appearance of secretiveness. For this reason, they are choosing to release these emails. Connors mentioned that in the future , if a lawyer is appointed as the appeals agent (and not the board), the lawyer will likely hold back any items tha t fit the criteria for exclusion from FOIL. This would contrast with the board’s current approach of releasing documents even though they technically are not required to. Document D: Also an intra-agency communication, this time regarding the CAC and the town newsletter. Like the previous ones, the board determined that the records access officer was correct to withhold it, but in the spirit of transparency, the board agreed to release it. Document E: They discussed the document, noting the letter itself was released, but the communication from the Town Planner and the Town Board was withhold, as it is intra- agency. Planner Hutnik pointed out that releasing documents that qualify to be withheld can be a slippery slope. The Board Members discussed how this communication feels different from the others, noting that it is between town staff and the town board, and that the town staff should be able to communicate more privately with the board. They agreed that the determination to withhold was proper, and that the communication should remain withheld. Supervisor Gagnon commented that this document does not – and indeed none of the other documents – show the “collusion” that the appealer is looking to reveal. They discussed the process by which the ir determination today will be communicated to the appealer. They decided that Supervisor Gagnon would do such. MOTION: To Approve Resolution #158 of 202 6 Whereas the Town Board is the Records Appeal Officer and Whereas the Town Board has met on May 11, 2026 at 3 PM to review withheld documents pertaining to a FOIL request made on 3/25/2026, Now therefore be it resolved that the Board finds the following: Though Documents A, B, C & D were appropriately withheld by the Records Access Officer, the Town Board has elected to share them. Document E, also appropriately withheld, as a briefing communication from the member of the town staff, shall remain withheld. Be it further resolved that the Board authorizes Supervisor Gagnon to create a written determination pursuant to such findings and Be it further resolved that such written determination shall be sent to the requestor in writing on or before May 14th as prescribed by law. Moved by Connors, seconded by Dillon The motion passed. In favor: Connors, Dillon, Larkins, Gagnon The Board wished to express appreciation to Town Clerk Blake Savoy for digging into the process, and holding to the letter of the law. They discussed potentially appointing a records appeal officer in the future and wondered if it ought to be a board member. They elected to discuss the buildings and grounds topic at the next board meeting. 4. ADJOURN The meeting was adjourned at 3:37 PM.