HomeMy WebLinkAbout1989-07-10 PUBLIC MEETING
TOWN OF DANBY
JULY 10 , 1989
OPEN MEETING DISCUSSION REGARDING OLD TOWN ROAD .
B OARD MEMBERS PRESENT : RIO DIETRICH - SUPERVISOR , DEAN ECK: STROM ,
MARY OLTZ , DOROTHY ROBERTS , JUL. I A. TA. GL I AVENTO
P RESENT : R . MAYO , J . GAGNON , F . DARROW , W . SCZEPANSVI , C .
S CZEPANSKI , A . WRIGHT , E . WRIGHT , D . DAETSCH , W . DAETSCH , B .
HINES , P . WOODWORTH , C . TILTON , A . RAFFENSPERGER , J . BLOCK , D .
D ECKER , P . DECKER , T . ROSENBAUM , A . ROSENBAUM . C . HAUPEPT , L .
H AUPEPT , K . HORST , H . HORST , P . HAUPERT , M . HOVANEC , L . HAUPERT ,
K . HORST , H . HORST , P . HAUPERT , M . HOVANEC , J . ROSENBAUM , P .
CASTER. LINE , M . CASTERLINE , N . WEITZEL
S UPERVISOR DIETRICH STATED THAT : OLD TOWN ROAD HAS BEEN DECLARED
B Y THE COURTS AS NOT A TOWN ROAD . THE BASIS OF THIS HEARING IS
W HAT SHOULD WE DO NOW . THESE SOLUTIONS INCLUDE :
1 . SHOULD THE TOWN TAKE OVER. THE LAND AND CONDEMN THE ROAD ;
2 . SHOULD THE TOWN NOT TAKE OVER THE ROAD ;
2 . ALTERNATIVES THAT NEED TO BE LOOKED INTO . ( EXAMPLE : SHOULD
THERE BE ANOTHER ROAD COMING FROM ANOTHER DIRECTION ) .
THE RESULTS SHOULD BE PUBLISHED IN THE DANBY AREA NEWS . BOARD
W OULD HAVE TO DECIDE WHETHER THIS SHOULD BE ENTERED INTO AND IT
W OULD HAVE TO BE INCLUDED IN THE BUDGET . IF THE BOARD DOESN ' T
WANT TO ACT OH THIS RIGHT AWAY , THEN WE WILL MOVE IN THAT
D IRECTION .
W E ARE SOLICITING YOUR INPUT AND WE WOULD LIKE TO KNOW THE PROS
AND CONS AND THEN PUBLISH THIS IN THE AREA NEWS AND THEN OPEN THE
S UBJECT UP AGAIN IN SEPTEMBER IF WE NEED TO HAVE MORE
INFORMATION . REASON BEING , THE SUMMER FINDS MANY RESIDENTS ON
✓ ACATION , AND , THEREFORE , WOULD NOT ALLOW FOR THEIR. INPUT .
R
N O COMMENTS WERE RECEIVED FROM THE TOWN BOARD .
J OEL GAGUQU - LET ' S HEAP FROM THE PRINCIPLES FIRST , BEFORE
COMMENTS ARE HEARD FROM OTHERS .
THERE IS A COUPLE PAGE REPORT SUBMITTED FOP THE BOARD TO LOOK AT ,
MAYBE THAT WOULD BE HELPFUL . ( REPORT WAS PASSED AROUND . )
JIM HQYANE :: - WE APE ASKING FOR 135 FEET . THE DAETSCH ! WRIGHT
P ROPERTY TO THE BLOCK ' S PROPERTY . THE NECESSITY HERE IS THE
S AFETY ASPECT . WE ' RE OPEN TO DISCUSSION REGARDING A LOW IMPACT
SOLUTION , I . E . , A ONE WAY ROAD INTO AND OUT OF THE VILLAGE . OUR
MAIN CONCERN IS EGRESS BY FIRE VEHICLES , TREES FALLING ACROSS THE
ROAD , ETC . WE ' RE CONTRIBUTING $ 300 , 000 OVER THE NEXT FIVE YEARS
TO THE TAX BASE .
AUDI RAEEEUSEEEGEE - WHATEVER HAPPENS , AT LEAST FOR NOW , THIS
ROAD SHOULD BE OPEN FOR EMERGENCY VEHICLES , SUCH AS FIR. E AND
RESCUE . IT MAY NOT SEEM LIKE A LOT , BUT SO - 60 SECONDS CAN MEAN A
L OT IN A CRITICAL SITUATION . I AM NOT SPEAKING AS AN OFFICIAL ,
B UT AS A MEMBER AND RESIDENT . MOST PEOPLE BUY HOUSES AND WORK: AT
E ITHER ITHACA COLLEGE OP CORNELL AND WOULD EXIT THRU THE LOWER
ROAD . THE ROAD SHOULD BE ACCESSIBLE .
1
a? , z/
PUBLIC MEETING - OLD TOWN ROAD , JULY 10 , 1989
JIM HQYANEC - A YEAR BEFORE THE LETTERS YOU READ , WE WERE GIVEN
AN OPINION FROM ROBERT HINES ( BLOCK ' S ATTORNEY ) , THAT THE ROAD
HAD NOT BEEN ABANDONED . I T WAS ON OUR TAX MAPS AND IT WAS ON OUR
MAPS . WE BOUGHT THIS IN GOOD FAITH . UNLIKE THE TOWN , I CAN ' T
RAISE TAXES . ` I PUT A PRICE ON THE LAND , ENOUGH TO COVER EXPENSES
AND MAKE A SMALL PROFIT . I CAN ' T GO BALI::. AND RAISE MY TAXES
AFTER THE PRICE OF THE LAND HAS BEEN DECIDED . I ' M ASKING THE
TOWN TO WORK WITH US . WE THOUGHT THE DAETSCH ' S WERE IN
COOPERATION WITH US AND THEN THE NEXT THING WE KNOW , THEY ARE
INVOLVING US IN A LAW SUIT ; WE NEVER SAW IT COMING . WE WENT
AHEAD IN GOOD FAITH . WE ARE ASKING THE TOWN TO BACK US . THE
COURT ' S DECISION WAS NOT UNDERSTOOD ; THEY STATED THAT OUR
TESTIMONY WAS NOT RELIABLE EVEN THOUGH MANY RESIDENTS ( J .
SHEPAR. DSON , SC ? EPANSK: I , ETC . ) STATED THAT THEY USED THE ROAD FOR
SEVERAL YEARS , THEIR TESTIMONY WAS THROWN OUT EECAUSE . OF IT
BEING UNRELIABLE . I WANT COOPERATION OF THE TOWN . YOU SUPPORT
JUNK YARDS SUCH AS THE ONE ON DANBY ROAD AND COMFORT ROAD . BY
THIS , YOU SHOW WHO YOU SUPPORT AND WHO YOU DON ' T .
EiC QQBSQ.N - IF WE PLOW THE ROAD , THEN IT MUST BE A TOWN ROAD .
THEREFORE , YOU CAN ' T STOP PEOPLE FROM GOING UP AND DOWN IT . I ' M
NOT SURE WHAT PART OF IT I S A TOWN ROAD AND WHAT ISN ' T , WE NEED
TO HAVE SOME IDEA ; IT IT OR ISN ' T IT A TOWN ROAD? APE WE STILL
MAINTAINING THE ROAD ? IF IT ' S NOT A TOWN ROAD , LET ' S NOT PLOW
IT .
QIEIRicH - THERE NEEDS TO BE SOME CLARIFICATION AS
GENERATED FROM THE TAX BASE AND ALSO THE TOWNS C TO THE MONEY
MAINTENANCE OF THE ROAD . 0ST FOR THE LIFE
RIC DQBSou - IT SEEMS TO BE THAT WE ARE MORE CONCERNED WITH HOW
RICH DO YOIJ WANT TO BE OR DO YOU WANT Tn HAVE SOME FREEDOM ?
JQHN EENJeuxu - HOW MUCH OF THIS MONEY I
DEAN Ent = ' - �-� r•:; I IS COMING IN THE TOWN ?! c" -' I Eo r 'iTo THE CONCEPT OF WHETHER IT WOULD BE
WORTH IT FOR THE TOWN TO BUILD A ROAD . I HAD TO TAKE A MORE
REALISTIC APPROACH TO THIS THAN WHAT HAD BEEN DONE IN THE FAST .
WE ' RE ONLY LOOKING AT THE HIGHWAY PORTION OF THE BUDGET . IT
LOOKS LIKE THERE ' S A POTENTIAL OF $ 10 , 000 IN TAX. REVENUES FOR
NEXT YEAR . OVER A PERIOD OF FIVE YEARS , WE ' RE LOOKING AT ABOUT
$ 152 , 000 NET IN HIGHWAY REVENUE , $ 10 , 000
ADEQUATELY PAYS FOP THE ROAD FRONTAGE . THE RCOSTLOFh9rAI THAN
THAT WOULD BE $ 3 , 900 PER YEAR . THE OTHER ISSUE • IS JWIISAIHISG
GOING TO AFFECT OUR TAX BASE . THE OVERALL NET TAX BASE L I
OVER FIVE
YEARS WOULD BE 11 % ( 1 1 . 27 %, EXACT ) .
MILLION TOTAL TIMES 11 % , c IN DOLLARS THAT REPRESENTS 44
CAROL P� EN :IAC'1.I1�1 _. SO THE � NEW $ 53 ;1000 F A YEAR I hJ HIGHWAY REVENUE .
YEAR FROM TOWN TAXES ? WHAT WILL GENERATE $. 53 , 000 PER
TAXES ?
r HAT ARE WE TALKING ABOUT I N TOTAL' TOWPJ
QIEIELEH - WHAT WE ' RE TALKING ABOUT IS REVENUE COMING INTO THE
GENERAL HIGHWAY ACCOUNT . NOW DO WE SPEND MONEY ON EXISTING ROADS
THAT LONG TIME RESIDENTS HAVE ASKED TO BE UPGRADED OP DO WE SPEND
IT ON NEW ROADS AND MAKE THAT THE PRIORITY ? IT HAS TO BE
BALANCED .
QEAN ECLSIEQj - ANOTHER CONCERN IS THAT RESIDENTS OF TEN TO
TWENTY YEARS AGO MADE THE INVESTMENT INTO THOSE ROADS . ROADS ARE
WORTH MUCH MORE NOW THAN THEY WERE YEARS AGO .
QIEIEICH - DANBY ALSO HAS MORE DIRT ROADS
THE AREA . WITH OUR I NCR c THAN ANY OTHER TOWN I N
THESE AND MAKE UPGRADING ETHEMDn � EVEtdUE , WE SHOULD TAKE A LOOK AT
AN INCREASE OUP PRIORITY . YES , THERE WILL BE
E IN REVENUE , BUT THERE ARE A LOT OF ROADS ( 80 MILES )
I N DANBY THAT NEED UPGRADING .
CAROL BENJAMIN - THE TOWN OF DANBY IS GROWING .
LEN HQESI - 318 MEADOWWOOD TERRACE - IT IS OBVIOUS
HAS THEIR OWN OPINIONS ON A MATTER LIKE THIS . OM THAT EVERYONE
BEEN MADE , HOWEVER , I THINK WE THIS ERf`' ORS HAVE
REALISTICALLY . E HAVE TO LOOK AT THI S
AS A MEMBER OF OLD TOWN VILLAGE , SAFETY IS OF
IMPORTANCE . I THINK OF THE SAFETY OF MY FAMILY . WE HAVE FACED A
SERIOUS FIRE AND KNOW THAT TIME IS OF THE ESSENCE IN A MATTER
LIKE THIS . I ASK THAT THE TOWN PLEASE LOOK: AT THE ISSUES
INVOLVED HERE , NOT EMOTIONS ,
°?
P UBLIC MEETING - OLD TOWN ROAD - JULY 10 , 1989
E AYUQIiQ MAYQ - 335 RIDGECREST ROAD - THE TOWN SHOULD THINK
S ERIOUSLY BEFORE CONSIDERING A CONDEMNATION . THIS HAS BEEN DONE
B EFORE , AND IT LEAVES A " BAD TASTE IN MY MOUTH " . IT ALMOST
B ORDERS ON A DICTATORSHIP ; TARING PROPERTY AWAY FROM THE OWNER .
HOVANEC TOOK: A GAMBLE BY HIS DECISION TO DEVELOP THE PROPERTY
B EFORE ALLOWING THE COURTS TO RULE IN HIS FAVOR . HE TOOK THE
G AMBLE AND HE LOST , AND NOW HE WANTS THE TOWN TO PAY FOR HIS
L OSS . I THINK HE SHOULD PAY . THAT ' S THE CHANCE HE TOOK: .
MAEQE HQYAHEQ - 100 OLD TOWN ROAD - I WOULD LIKE TO INCLUDE THE
N AME OF THE TOMPK I NS COUNTY LAND USE OFFICER . HIS NAME I S GARY
E VANS ( 274 - 5360 ) . HE WOULD BE WILLING TO TALI:: TO YOU ABOUT THE
B EST USE OF THE LAND . I JUST WANT TO SAY THAT WHEN I BOUGHT THE
65 ACRES BACK IN .JANUARY , I WOULD NOT HAVE PURCHASED IT WITHOUT A
ROAD .
H OEE dQESI - 318 MEADOW WOOD TERRACE - I HAVE BROUGHT A LETTER OF
A NEIGHBOR WHO COULD NOT BE HERE TONIGHT , AS FOLLOWS ( FROM FEN
W HITE ) . WE WOULD LIKE TO SEE THIS MATTER RESOLVED IN AN ATTITUDE
OF COOPERATION BETWEEN THE RESIDENTS OF OLD TOWN VILLAGE AND THE
TOWN OF DANBY . WE HAVE MANY CONCERNS WHICH INCLUDE TRAFFIC
S AFETY IN LEAVING THE DEVELOPMENT ONTO 96B , SAFETY FOR SCHOOL BUS
TRANSPORTATION , DOLLAR VALUE IN RELATION TO THE SAFETY OF THE
CHILDREN , AND THE FINANCIAL BURDEN OF THIS ENDEAVOR . OPTIONS AS
WE SEE IT INCLUDE A TURN - AROUND DRIVE , OFF SET OLD TOWN ROAD ONTO
B LOCK ' S PROPERTY , OP REOPENING OF OLD TOWN ROAD .
EILEEU WEIQdI - 1242 DANBY ROAD - MR . PETE CURRY ( ITHACA CITY
S CHOOL DISTRICT TRANSPORTATION DEPT . ) HAS STATED THAT THERE IS NO
P ROBLEM COMING OUT OF THE BUTTERMILK LANE AREA OF THE
D EVELOPMENT . CHILDREN HAVE BEEN TRANSPORTED FROM THE DANBY ROAD
FOR MANY YEARS WITHOUT ANY PROBLEMS WHATSOEVER .
•JAUEE ELQG - OLD TOWN VILLAGE - BOUGHT MY PROPERTY TWENTY YEARS
AGO ( 45 ACRES ) . MARGE HAS A LETTER FROM THE TOWN HIGHWAY
O FFICER . THEY WERE GOING AHEAD IN GOOD FAITH . JUST THREE YEARS
AGO , MY LAWYER TOLD ME THERE WAS NO PLANNED ABANDONMENT OF THE
ROAD . CONDEMNING 130 ' OF ROAD IS A PIDDLE LITTLE BIT OF ROAD .
W ILLARD QAEISQU - I APPRECIATE JIM ' S CONCERN , HOWEVER , BEFORE
D EVELOPMENT BEGAN , THE QUESTION WAS RAISED AS TO THE LEGALITY OF
THE ROAD . WE ARE ONLY TRYING TO PRESERVE THE QUALITY OF WHAT WE
H AD . WE DIDN ' T WANT TO LIVE IN A TOWN WHERE THERE WOULD BE THE
P OSSIBILITY THAT A ROAD COULD GO THROUGH PROPERTY . WE DONT ' T
W ANT A ROAD ON THE SOUTH SIDE , BUT WE ' LL BE WILLING TO COOPERATE .
U 8E !3E dQYANEQ - WE WENT AHEAD ON THE ASSUMPTION THAT IT WAS A
TOWN ROAD . THE TOWN NEVER GAVE US A PROBLEM WITH THE ACCESS
ROAD ; THEY WANTED WIDTH . I AGREED TO THE 50 ' RIGHT OF WAY , EVEN
IF YOU DON ' T HAVE TO USE IT ALL . THE TOWN SAID THEY WOULD WORE:
WITH US . IT WASN ' T UNTIL 5 / 22 / 87 , WHEN I WAS SERVED WITH A
S UMMONS FROM THE SHERRIFF ' S DEPT . THAT I WOULD BE TRESSPASSING IF
I STEPPED OFF 95B ONTO OLD TOWN ROAD . I HAVE THREE DOCUMENTS
H ERE STATING THAT OLD TOWN ROAD WAS A ROAD .
Q IEIRIQU - THE TOWN BOARD HAS ALL THE DOCUMENTS , THEY ALL SAY
S OMETHING COMPLETELY DIFFERENT , MARGE , THAN WHAT YOU ARE SAYING .
U AR3E UQYAUEQ - ALL I CAN SAY IS , GO BACK: AND READ YOUR LETTER OF
MAY 8TH FROM THE TOWN ATTORNEY .
Q IEIEIrd - READ SIGNED AGREEMENT DATED SEPTEMBER 27 , 1987 . ( SEE
ATTACHED AGREEMENT )
Q IEIEICH - THE TOWN HAS TAKEN A LEGAL POSITION ALL ALONG THAT WE
W ILL NOT ENTER INTO ANY COSTS AS FAR AS OLD TOWN ROAD UNTIL IT IS
D ECIDED IN THE COURTS THAT IT IS A LEGAL TOWN ROAD . THERE IS NO
ARGUMENT THAT IT WAS A ROAD , BUT OUR. PROBLEM WAS AND FROM OUR
ATTORNEYS ADVISING US THAT , FROM AS FAR BACK: AS FALL ' 86 ! SPR. ING
' 87 , THE TOWN NEEDED THE LEGAL ( IN THE COURTS ) POSITION IN THIS
AND THE COURTS HAVE SPOKEN .
U ARSE UQypUEr - READ LETTER FROM DON BURDICK: .
Q IEIEIrd - REFERENCING A LETTER FROM THE ATTORNEY TO THE TOWN
B OARD AND BUR. DICv . THE OPINION SEEMS TO BE THAT THE ROAD HAS NOT
B EEN ABANDONED . IT IS , HOWEVER , NOT THE POSITION OF THE TOWN TO
E STABLISH A LEGAL STANDING ON THIS . WHAT THE TOWN WAS FACING
HERE WAS A LEGAL POSITION . THE TOWN COULD NOT ENTER INTO ANY
AGREEMENT UNTIL THIS WAS SETTLED IN COURT .
06
' I
PUBLIC MEETING - OLD TOWN ROAD , .JULY 1 0 , 1 9 99
JAMES ELQOI - THERE APE A LOT OF ISSUES TO BE BROUGHT UP
REGARDING SAFETY , EMERGENCY , ETC . , BASICALLY ITS ABSURD . THE
SAFETY OF 41 - 42 FAMILY UNITS VS . THE OPINIONS OF TWO SHOULD NOT
BE THE ISSUE . THE MAJORITY SHOULD PULE .
Eel WQQQWQEIb - 305 GUNDERMAN ROAD - WHILE IT WAS NOT ' A ROAD IT WAS
QUIET . SINCE IT HAS BECOME A ROAD , THE TRAFFIC HAS BEEN
HORRENDOUS . I CALLED HOVANEC AND TOLD HIM OF THE CONCERN . MAYB
ITS POSSIBLE TO HAVE TWO ACCESS ROADS FOR THE SAFETY OF THE NEW
RESIDENTS , BUT NOT AT THE EXPENSE OF THE SAFETY OF THE OLD
RESIDENTS .
WILLARD DAEISDH - 1344 DANBY ROAD - HOVANEC PUT IN A KITCHEN FOR
US AND IT IS TO BE MADE CLEAR THAT IT IS NOT THE QUALITY OF THE
WORk. THAT WE ' RE CONCERNED ABOUT AT ALL . CORRESPONDENCE WITH
HOVANEC WAS READ ( ATTACHED TO MINUTES ) . JUDGE BRYANT DID ACT ON
OUR REQUEST FOR. AN INJUNCTION . HE DENIED THE INJUNCTION . BUT HE
DID NOT DECLARE IT A PUBLIC ROAD . ON OCCASSION WHEN THE TOWN
PLOWED OUP DRIVE , WE DIDN ' T K NOW WHY . THEY STATED THAT I T WAS
BECAUSE AN INVALID LIVED THERE , HOWEVER , WE NEVER ASI:: ED TO HAVE
IT PLOWED . THERE IS NO NEED FOR IT TO BE PLOWED . IN THE
BEGINNING , IT WAS ONLY FOUR INDIVIDUALS THAT WERE ASKING FOR. A
LEGAL .SOLUTION ( WRIGHT , HOVANEC , BLOCK , DA. ETSCH ) . NOW AFTER ALL
THE TESTIMONY ; JUDGE BRYANT ' S INJUNCTION , ELLESON ASKING FOP A.
20 ' RIGHT OF WAY , IT HAS BEEN DECIDED TO ALLOW IT TO BE A PRIVATE
DRIVE . HOW WE ASK , LEAVE IT AS SUCH AND LOOK:: AT BLOCK:: ' S LAND TO
RESTORE OUR QUALITY OF LIFE .
ERA [IL QAERQW - 400 GUNDERMAN ROAD - WE STARTED OUT THIS MEETING
WITH AN OBSERVATION THAT A PORTION OF OLD TOWN ROAD IS NOT A
ROAD . THAT I S A " GIVEN " . JAMES HOVANEC I S CONCERNED WITH
SAFETY ISSUE AND THEREFORE , THERE SHOU LD BE TI.lO WO ENTRANCES . THE
S . At•JDY
RAFFENSPERGER AND DP . BLOCK::: ALSO MENT I OI NED THE NEED FOR A. SECOND
ENTRANCE FOR RESCUE AND SAFETY REASONS . THE REAL QUESTION IS
SHOULD THERE BE A SECOND ROAD ; IS THERE A NEED FOR. A SECOND ROAD ?
THE TOWN OF LANSING WILL NOT ACCEPT A HOUSING DEVELOPMENT OF 40
HOMES WITH OUT A SEPARATE ENTRANCE AND EXIT ROAD . THIS Is
PROBABLY SOMETHING THAT SHOULD BE DECIDED BEFORE DEVELnPMENT
TAKES PLACE . IF A SECOND ROAD IS DECIDED UPON , THEN THERE ARE
BASICALLY THREE QUESTIONS TO BE CONSIDERED : 1 ) WHERE DOES THE
OTHER ROAD GO ; 2 ) HOW DO YOU OBTAIN THE PROPERTY ; AND :? ) WHO PAYS
FOR THE EXPENSE OF PUTTING IN THE OTHER ROAD ? THESE SAME
QUESTIONS APE GOING TO COME UP WITH ANY OTHER bEVELOPMENTS IN
DANBY . WITH RESPECT TO OLD TOWN ROAD , IT WOULD
TO USE IT , BUT TO MAKE IT ONE WAY . THE PROBLEM IS THATr� THEEKJSE
NEIGHBORS PROPERTY BORDERS SO ' LOSE TO THE ROAD AND EVEN IF IT
WERE MADE A ONE WAY STREET , THAT WOULD NOT NECESSARILY RESOLVE
THE SPEEDING PROBLEM SINCE DRIVERS WOULD NOT BE CONCERNED AT THAT
POINT ABOUT ON - COMING TRAFFIC . ANOTHER PROBLEM WOULD BE IN THE
CONDEMNATION OF THE PROPERTY . THAT ' S AN EXPENSE TO THE TOWN ,
ALSO THE USE OF THE ROAD WOULD HAVE TO BE PROVEN BY AN
OVERWHELMING PUBLIC INTEREST THAT IT WOULD OVERRULE THE PRIVATE
OWNERS HOLD TO IT . OF COURSE , THE COURTS HAVE ALREADY MADE SOME
DECISIONS REGARDING THIS AND I ' M NOT SURE THEY WOULD AGREE TO A
CONDEMNATION . IT WOULD DO BETTER TO PUT IN A SECOND ROAD , AND
THEREFORE , REACH AN AGREEMENT IN THIS WAY SINCE SOME OFFERS HAVE
ALREADY BEEN MADE HERE . WITH REGARD TO THE EXPENSE , IT WOULD
SEEM THAT .JIM HOVANEC WOULD CARRY THE EXPENSE , JUST AS IF THE
PLANNING BOARD HAD BEEN APPROACHED BEFOREHAND AS TO THE BUILDING
OF THIS SECOND ROAD . WE WOULD INSIST THAT ANY DEVELOPER
INTENDING TO BUILD CARRY THE EXPENSES INVOLVED . IN MY PARTICULAR
JUDGMENT , IF AN AGREEMENT CAN BE REACHED AS TO AN ALTERNATE
ENTRANCE , THAT THIS WOULD BE BETTER THAN CONDEMNATION AND THAT
THIS SHOULD BE THE EXPENSE OF THE BUILDER .
')
49e2
J OEL GAQaUQN - 3353 SPENCER ROAD - THE PLANNING BOARD CONSIDERED
THE QUESTION OF SAFETY WHEN WE LOOKED AT BOTH HOVANEC AND BLOCK ' S
D EVELOPMENTS . I N BOTH CASES , WE WERE ASSURED THAT THE SITE LINES
WERE O . K: . OR WE WOULD NEVER. HAVE APPROVED THE DEVELOPMENTS IN THE
FIRST PLACE . HOVANEC NEVER MENTIONED A NEED OP A DESIRE FOR A
S ECONDARY ACCESS . LOOKING OBJECTIVELY , OLD TOWN ROAD WOULD NOT
B E A FAVORABLE PLACE TO FUT A SECONDARY ROAD , DUE TO THE
P ROXIMITY OF THE ADJACENT PROPERTIES . WHEN THE NEED ARISES , IT
SEEMS THAT ANOTHER ACCESS COULD BE LOCATED AND BUILT TO PROVIDE A
S ECONDARY ROAD . IT DOESN ' T HAVE TO HAPPEN OVERNIGHT , IT ISN ' T A
P ROBLEM YET .
Q UAELES IILION - 305 GUNDERMAN ROAD - A GOOD PLACE FOP THE SECOND
ROAD WOULD BE ON THE SOUTH SIDE IF WE ' RE CONCERNED ABOUT FIRE
S AFETY , SINCE THIS WOULD BE CLOSER TO THE EXISTING FIRE STATION .
I DO NOT LIKE THE IDEA OF CONDEMNATION . PEOPLE HAVE SAID THAT
THE LAWYERS APE WRONG , PEOPLE APE WRONG , THE ISSUE HAS ALREADY
B EEN SETTLED BY THE COURT . WE SHOULD FOLLOW THE RULES THAT HAVE
B EEN ESTABLISHED ; THE CONTRACTOR. SHOULD PAY TO HAVE THE SECOND
ROAD INSTALLED . THE TAX. BASE WILL STILL BE THERE WHETHER THERE
IS ONE ROAD OP TWO .
J OANNE QEUUISQN - DANBY ROAD - I DON ' T UNDERSTAND THE LETTER YOU
READ WHERE YOU STATED THAT THE TOWN OF DANBY WOULDN ' T INVEST ANY
•
MONEY IN OLD TOWN ROAD .
Q IEIEICd - UNTIL THE OUTCOME OF THE COURT CASE WAS ' MADE CLEAR
THAT WE COULD OR WOULD NOT LEGALLY SPEND TAX DOLLARS ON THE ROAD .
THE LETTERS THAT I AM READING FROM REFLECT THE LEGAL OPINION FROM
THE TOWN TO JIM HOVANEC THAT WE COULD NOT INVEST TOWN DOLLARS IN
A PROJECT THAT WAS NOT LEGALLY CLEAR TO THE TOWN . THE COURT CASE
H AS BEEN DECIDED . THE PROCESS OF CONDEMNATION IS AN EXPENSIVE
ONE . THE COST TO THE TOWN IS HARD TO PIN DOWN , BUT I ESTIMATE IT
TO BE IN THE TENS - OF - THOUSANDS OF DOLLARS . IT WOULD ALSO BE TIME
CONSUMING .
J s SLQCL - IF I RECALL , THERE WAS APPROVAL FOR TWO SUB - DIVISIONS .
E VERYONE ASSUMES , AS I DID , THAT OLD TOWN ROAD WAS A ROAD . IF I
O WNED PROPERTY ON OLD TOWN ROAD , I WOULD BE CONCERNED , AND I AM
CONCERNED FOP. THEM .
Q IEIEIQU - WE WILL MAKE AN ACCURATE TRANSCRIPT OF WHAT WE TALKED
ABOUT TONIGHT AND PUBLISH IT IN THE DANBY AREA NEWS . BASICALLY ,
THE OPINIONS FOR AND AGAINST AND WHY . WE HAVE HAD A PUBLIC
MEETING AND NOW WE ' RE LETTING THE TOWN F : NOW AS A WHOLE , THE PROS
AND CONS ON THE ISSUE . IN THE MEANTIME , I WOULD BE WILLING TO
CONTACT COMMUNITY DESPUTE RESOLUTION AND MAKE IT AVAILABLE TO THE
O AETSCH ' S , WRIGHT ' S , BLOCK ' S AND HOVANEC ' S TO SIT DOWN WITH THEM
TO SEE IF WE CAN ' T COME UP WITH A BIPAPTISIN VIEW ; SOMEONE WHO IS
COMPLETELY REMOVED FROM THE SITOATIOIN TO MEET WITH THE FOUR
P RINCIPAL PEOPLE TO DISCUSS THIS WITH THEM . LIKE I SAID , I WOULD
B E HAPPY TO MEET WITH THEM , IF YOU THOUGHT IT WAS REASONABLE TO
U NDERSTAND WHERE WE ARE AND WHERE WE CAN GO . WITH THAT , I THINK
THAT IS BASICALLY THE CONCLUSION THAT WE HAVE COME TO . SO , IF
THE PRINCIPAL PARTIES SUBMIT A. LETTER I WOULD BE HAPPY TO
INITIATE A COMMUNITY DESPUTE RESOLUTION .
MEETING ADJOURNED AT 8 : 00 P . M .
RESPECTFULLY SUBMITTED ,
JOAN BABBITT , TOWN CLERK
! bf
5
TOWN OF DANBY 4. .).26 7
TOWN BOARD MINUTES
JULY 10 , 1989
THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF DANBY WAS HELD JULY 10 ,
1989 , AT THE DANBY TOWN HALL , 1830 DANBY ROAD , COUNTY OF TOMPKINS , NEW YORK .
PLEDGE OF ALLEGIANCE WAS LED BY SUPERVISOR DIETRICH .
PRESENT : DEAN ECKSTROM COUNCILMAN
MARY OLTZ COUNCILWOMAN
DOROTHY ROBERTS COUNCILWOMAN
JULIA TAGLIAVENTO COUNCILWOMAN
FREDRIC DIETRICH SUPERVISOR
OTHERS PRESENT : ROSA JOHNSON , PETE CODDINGTON , RAY MAYO , JOEL GAGNON , NANCY
WEITZEL , WALT & CAROL SCZEPANSKI , JOANNE DENNISON , ALEC & EILEEN WRIGHT ,
WILLARD & DOROTHY DAETCH , JOHN HENDERSON , HERB ENGMAN , FRANK PROTO , JIM HOVANEC ,
DONNA & PA DECKER , TONI & JOHN ROSENBAUM , LIZ & 'BOB ROE , JOHN & CAROL BENJAMIN ,
RAY AXTEL JD OTHERS
RECORDIt SECRETARY : JOAN BABBITT
APPROVAL OF MINUTES
A MOTION WAS MADE BY CLMN ROBERTS AND SECOND BY CLP1'J OLTZ TO ACCEPT THE MINUTES
OF JUNE 12 , 1989 AS SUBMITTED .
COMMUNICATIONS : SUPERVISOR DIETRICH READ THE LETTER SENT TO THE DANBY AMERICAN
LEGION , THANKING THEM FOR THE NEW FLAG FOR THE TOWN HALL .
PRIVILEGE OF THE FLOOR :
TOWN BOARD NOTHING
TOWN CLERK NOTHING
COUNTY REP FRANK PROTO JULY PLAPNNING :BD MEETING , PRESENTATION ON FATE OF COUNTY
HOSPITAL . POSSIBILITY MAY SELL MORE COUNTY LAND AT BIGGS COMPLEX IN ORDER TO
DEVELOPE A COMPENTENT CARE FACILITY . MCGRAW HOUSE MAY BE LOOKING FOR MORE SPACE .
WE WILL BE EXPANDING THE ABILITY TO ACCOMMODATE PEOPLE OVER 55 AND LOW INCOME .
BUS SERVICE SURVEYS GETTING POSITIVE RESULTS . TOM COOKINGHAM ( TIOGA CO . PLANNER )
APPLYING FOR REDIRECTION OF SECTION 18 . ( FEDERAL FUNDS TO PROVIDE BUS SERVICE ) , IF
THAT HAPPENS , SERVICE WOULD ORIGINTATE IN OWEGO , TO CANDOR , TO DANBY , AND OTHER
PARTS OF TOMPKINS COUNTY . LANDFILL SUGGESTED MEETING WITH JOEL GAGNON , DIETRICH ,
AND PROTO TO PUT LIST OF CONCERNS TOGETHER , SUBJECT TO REVIEW BY THE TOWN BOARD ,
TO BE GIVEN TO THE COUNTY :BOARD . MICHIGAN HOLLOW ROAD TWO MEETINGS WITH HOBBS AND
KEN TILLAPAUGH . WITH STATE CLOSING :BRIDGES , PETE ( HIGHWAY SUPT ) CONCERNED ABOUT
IMPACT ON MICHIGAN HOLLOW MAINTENANCE . ASKED PROTO FOR FINANCIAL HELP FROM THE
COUNTYFOR THE TOWN . PROTO NOT IMPRESSED WITH REVIEW FIGURES REPORT THAT COUNTY DID
ON THE ROAD . WOULD LIKE MAINTENANCE FIGURES FOR LAST FOUR YEARS . SINCE LANDSTROM
TAKING ALL OF TOMPKINS CO . TRASH , WHAT ROAD COST TOWN TO MAINTAIN . AIRPORT THURSDAY
IS THE REVIEW OF EIGHT PROPOSALS FOR AIRPORT , 17 . 5 BILLION . COUNTY PLANNING AUG 1 ,
METING , INPUT INTO WHAT DIRECTION MUNICIPALITIES WANT THE COUNTY TO GO IN THE /TEXT
3 - 10 YRS . PROTO ASKED THAT THE TOWN APPOINT FRANK DARROW TO SPEAK OF WHAT KIND OF
ISSUES TOWN WOULD LIKE THE COUNTY TO BE INVOLVED IN . FRANK LIGUORI RETIRING SEPT 1 ,
1989 . LET FRANK KNOW WHO TOWN APPOINTS . SNOW & ICE AGREEMENT DANBY WILL BE GETTING
WORD , TIFF TO RENEW . FRANK SUGGESTS GETTING TOGETHER BUDGET TO JUSTIFY ROAD MAIN-
TENANCE . HUPINI SERVICES COMM . APPROVED APPT . OF SOCIAL SERVICES DIRECTOR FOR HODS-
' ING . DANBY POND DISCUSSION , OPENED 7 DAYS A WEEK , 12 ; 00 to 7 ; 30 PM . STATE POLICE ARE
MONITORING THE POND . COMMENTS ARE POSITIVE .
EMC HERB ENGMAN : WORKING ON LIST OF THINGS : WORKING WITH COUNTY ON HAZARDOUS WASTE
CLEANUP DAY . UNIQUE AREAS ALMOST DONE WITH FIELD WORK & ALL COUNTY WILL BE MAPPED
BY END OF THE YEAR . CONDUCTING SURVEY ON DR 7 LANDFILL SITE WITH VOLUNTEERS .
PUBLIC RAY MAYO ABOUT :BZA . NOTIFYING NEIGHBORS ABOUT APPEALS . WHY TOWN OF ITHACA
NOTIFIED , WHEN DANBY PEOPLE ARE NOT? ITHACA DOES NOT PAY TAXES . DIETRICH SAID
ADJACENT PROPERTY TO TOWN , TOLD OUT OF COURTESY . NOT OUR INTENT TO LEAVE ANYONE OUT .
EVERY EFFORT TO NOTIFY ALL PEOPLE INVOLVED . LIZ ROE BY LAW , ONLY NEED TO PUBLISH
IN PAPER . DANBY NOT HAVING ONE , ITHACA JOURNAL PUBLISHES NOTICE ON A USE OR ZONING
VARIANCE . IT AFFECTS THE WHOLE COMMUNITY . MRS JOHNSON E . HILLER RD , WE TALK ABOUT
KEEPING DANBY RURAL , YET WE CUT WILD FLOWERS ON ROADSIDE . PETE CODDINGTON STATED
HIGH GRASS IS DANGEROUS AND TOWN NEEDS TO CONSIDER DRIVER ' S SAFETY . RECEIVES CALLS
BECAUSE ROADSIDES ARE NOT CUT . WALTER SCZPANSKI SPEED LIMIT SIGNS AT E . MILLER RD
SHOULD BE MOVED DOWN PAST MILLER RD INTERSECTION . DIETRICH STATED BRIDGE IN HOR-
RENDOUS PLACE , 4 - 5 ACCIDENTS THERE A YR . WROTE IT UP , SEPflh TO STATE , AND WE GOT
NOWHERE . SENI' OUT 8 , GOT BACK ONE REDUCTION . ONCE ALL PAPER WORK IS BACK , WE WILL
START PROCESS AGAIN . JIM HOVANEC , COMMENTS FROM PUBLIC METING . AS FAR AS RESOLUTION
DISPUTE , JIM THINKS IT ' S A GREAT IDEA . SUGGESTS DECKERS HAVE BEEN THRU THE WHOLE
THING , NEGOTIATE WITH WRIGHTS & DAETCHS . JOEL , JIM AND BETSY , THROUGH THE FINGER
LAKES LAND TRUST , ON THE LOWER PROPERTY NOT IN THE DEVELOPMENT TO KEEP WILD STATUS .
JIM SURPRISED AT JOEL COMMENT THAT HE WOULD WANT TO DISTURB ANOTHER AREA FOR THE
ROAD BED . HOVANEC ORIGINALLY INTENDED TO DEVELOP SOUTH END OF PROPERTY . IN INTEREST OF
ENVIRONMENT AND KEEPING CREEK AREA , SUGGEST LOOK AT OTHER ALTERNATIVES . ALSO SUGGESTS
WILLARD DAETCH TALK TO FINGER LAKES LAND TRUST . DIETRICH ASKED IF ENOUGH TIME TO
EN'T'ER INTO COMMUNITY DISPUTE RESOLUTION? , SUGGESTED THEY CALL HIM . DONNA DECKER , HER
BOYS!ARE ImlIBERS OF TROOP 57 , BOY SCOUTS , WORKING ON SERVICE TO GOD AWARD , HAVE FOUR
SERVICE PROJECTS EACH , FOR FOUR YRS . ONLY ONES IN DANBY AND THEY WOULD LIKE TO
PAUL 2 , TOWN BOARD MINUTES JULY 10 , 1989
aR 70 BOY SCOUTS CONT ' D
DO SOMETHING FOR THE TOWN . IF THERE WAS A SERVICE THEY COULD DO . DIETRICH
SAID TO CONTACT THE CLERK AND LEAVE THE INFORMATION .
COMMUNITY COUNCIL CLMN TAGLIAVENTO REPORTED THAT THE POND IS OPEN AND
RUNNING SMOOTHLY AND SUMMER REC IS ALSO IN PROGRESS .
HIGHWAY PETE REPORTED HARD TO GET WORK DONE WITH ALL THE RAIN . WORKING ON
COMFORT RD EXT . , BUT WONT BE READY FOR SCHOOL BUS . WORKING ON STATE LAND RDS .
SEASON RDS . , BUT SO WET . GUARD RAILS HAVE NOT COME IN FOR FISCHER SETTLEMENT .
SENIOR CITIZENS CLMN ROBERTS REPORTED ON JUNE 22 TRIP , FORTY—FOUR WENT TO
AUBURN MERRY GO ROUND THEATER .
ZONING DOUG STALEY , SUPERVISOR DIETRICH READ REPORT . JUNE CONSTRUCTION , FEES
COLLECTED , $ 11153 . 00 . TOTAL CONST . VALUE $498 , 000 , REVENUES , $ 5 , 835 . 00 , VALUE
$ 2 , 792 , 915 . .
DOG REPORT NONE
PLANNING BD NANCY WEITZEL , ON JULY 19 , PUBLIC INPUT M9EETINr ON MOBILE HOMES .
WATER DISTRICT ROY CASTERLINE REPORTED EVERYTHING FINE .
BZA ED ROBERTS , DECISION ON KUKULSKT , JULY 19th at 6 ; 45 P . M . PUBLIC MEETING
WITH NO INPUT .
COUNTY YOUTH DIETRICH REPORTED THERE IS A FORUM IN JULY . TOWN SEEKS INPUT ON
WHAT THE TOWN WANTS FOR ITS YOUTH IN FUTURE WHEN WE ASK FOR FUNDS FROM COUNTY .
OLD BUSINESS NONE
NEW BUSINESS STOP DWI AGREEMENT , 4H FAIR WEEK , MONITORING LANDFILL . SUPERVISOR
DIETRICH SAID , PUSHED BY COURTS , THATSOME OF THE MONEY FROM FINES THAT GO TO
THE STATE SHOULD BE RETURNED TO THE TOWNS .
RESOLUTION # 5 ACCEPT THE DWI AGREEMENT AS PROPOSED .
SEE A'T'TACHED AGREEMENT .
SUPERVISOR DIETRICH MADE THE MOTION , SECOND BY CLMMd TAGLIAVENTO
ROLL CALL CLMN ECKSTROM AYE
CHIN OLTZ AYE
CLMN ROBERTS AYE
CLMN TAGLIAVENTO AYE
SUPERVISOR DIETRICH AYE
ADOPTED RESOLUTION # ,
RESOLUTION # 53 SUPPORT THE T . C . 4 —H FAIR JULY 10- 15
CLMN ROBERTS MADE THE MOTION , SECOND BY WC ECKSTROM
ROLL CALL CL,MMJ ECKSTROM AYE
CLMN OLTZ AYE
CLMN ROBERTS AYE
CLMN TAGLIAVENTO AYE
SUPERVISOR DIETRICH AYE
ADOPTED , RESOLUTION # 53
MONITORING LANDSTROM LANDFILL . TOWN REPORT HAS INFORMATION TILL DEC . 1988 ,
NO INFORMATION SINCE . COMM4ITTEE DISBAND . DIETRICH ASKED THAT " UNDER
RECOMMENDATION ON PAGE 2 , ( UNDER LITTER ) , BE CHANGED . LEGAL SACTIONS NEEDED
TO BE ADDED TO REQUIREMENTS THAT ALL LOADS NEED TO BE COVERED WHEN TRANSITTING
TO ( ADD TO AND FROM ) THE LANDFILL . LOADS NOT REQUIRED TO BE COVERED WHEN
LEAVING LANDFILL AND DEBRIS FALLS OFF TRUCKS . MORE DISCUSSION FOLLOWED ON PEOPLE
BEING TURNED AWAY , CHARGING A FEE .
RESOLUTION # 5' L . ACCEPTING THE MONITORING GROUP FOR THE
LANDSTROM LANDFILL WITH WORD . CHANGE
" KEEPING ROAD MAINTENANCE , BUT ADDING
" PURSUING ANY OTHER OPTIONS " .
SUPERVISOR DIETRICH MADE THE MOTION , SECOND BY CLMN ECKSTROM
ROLL CALL CLMN ECKSTROM AYE
CLMN OLTZ AYE
MIN ROBERTS AYE
CLMN TAGLIAVENTO AYE
SUPERVISOR DIETRICH AYE
ADOPTED RESOLUTION # rJ " '
PROTO SUGGESTED , WORDING THAT NOT A CLOSED BUT ONGOING DIALOGUE FOR THE TOWN OF
DANBY . DIETRICH SUGGESTED " WHEREAS THE GROUP MONITORING THE THE ONGOING OPERATION
APJD CLOSURE OF THE LANDSTROM LANDFILL COMPILE .LIST OF RECOAMSEPJDATIONS REGARD-
ING THE LANDFILL AND ENTER IN THE FIRST WHEREAS . SEE RESOLUTION .
APPROVAL OF WARRANT'S
A MOTION WAS MADE BY CLMN ROBERTS , SECOND BY CLMN TAGLIAVENTO TO APPROVE PAi 'ENT
FOR GENERAL FUND WARRANT # 7 TOTALING 43 , 176 . 48 .
ROLL CALL CLMN ECKSTROM AYE
CLMN OLTZ AYE
CLMN ROBERTS AYE
CLMN TAGLIAVENTO AYE
ADOPTED
SUPERVISOR DIETRICH AYE
A MOTION WAS MADE BY CT)QJ TAGLIAVENTO , SECOND BY CLMN ROBERTS TO APPROVE PAYMENT
FOR HIGHWAY FUND WARRANT #7 TOTALING $ 11 , 688 . 82 .
ROLL CALL CLMN ECKSTROM AYE
CLMN OLTZ AYE
WIN ROBERTS AYE
CIJMN TAGLIAVENTO AYE
Ai)()PTIaD SUPERVISOR DIETRICH AYE
TOWN BOARD MINUTES JULY 10 , 1989 PAGE 3 ' '' ' 4 .t CPN
A MOTION WAS MADE BY CLMN OLTZ , SECOND BY CLPf'J . TAGLIAVENTO TO APPROVE PAYMENT
FOR WEST DANBY WATER DISTRICH #7 TOTALING $ 431 . 96
ROLL CALL A li,, , . cu IN, Fosn Mit !. AYE
"' " i- CLMN OLTZ '°t a ''s " AYE
CLMN ROBERTS AYE
CLMN TAGLIAVENTO AYE
SUPERVISOR DIETRICH AYE
ADOPTED
APPROVAL OF SUPERVISOR ' S REPORT :
A MOTION WAS MADE BY CLIC ECKSTROM , SECOND BY CLMN ROBERTS TO APPROVE THE
SUPERVISOR ' S REPORT .
ADOPTED : ECKSTROM OLTZ , ROBERTS , TAGLIAVENTO , DIETRICH
APPROVAL OF TOWN CLERK ' S REPORT :
A MOTION WAS MADE BY CL?1N ROBERTS , SECOND BY CLMN TAGLIAVENTO TO APPROVE THE
TOWN CLERK ' S REPORT .
ADOPTED : ECKSTROM , OLTZ , ROBERTS , TAGLIAVENTO , DIETRICH .
MEETING ADJOURNED AT 9 ; 35 P . M .
Y
RESPECTFULLY SUBMITTED ,
Zit, , �o - � 2.i7T-
JOAN BABBITT , TOWN CLERK
I