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HomeMy WebLinkAbout1971-11-08 TOWN OF DANBY TOWN BOARD MINUTES NOVEMBER 8 , 1971 The regular meetina of the Town of Danby Town Board was held in the Danby Elementary School , November 8 , 1971 , at 8 : 00 P . M . Board members present : Supervisor Donald Makie Councilman Gerald Crance Councilman Ralph Wilbur Justice Floyd Dorn Justice A . Francis Wright Also present : Appeals Board Chairman Moses Peter , Planning Board Chairman Richard Olsen , Zoning Officer Gordon Roberts , Ithaca Journal reporter Fred Yahn , Mary Oltz , Roy and Mary Casterline , Bob and Gloria Farrell , Rick Dobson , Dorothy Riniinen . The minutes of the regular meeting of October 11 , 1971 , were distributed to Board members for reading and correction . The minutes were approved as presented . COMMUNICATIONS : 1 . A letter to Supervisor Makie from Sheriff Robert Howard , detailing their patrol of Hillview Road on October 12 - October 14 , 1971 . 2 . A letter from the Area Beautification Council regard - ing a meeting to be held on Trees in Your Community . 3 . A memo to Town Clerks of calendar deadlines . November 15 is the deadline for filing the Town Budget . 4 . A letter to Richard Olsen from Frank Liguori regard - ing the failure of the Town of Danby to appoint a member to the County Planning Board . 5 . A notice of the Builders ' Association Meeting concern- ing Open Space Environment to be held on November 17 , in Syracuse . 6 . Agenda of the Tompkins County Board of Representatives meeting . 7 . A claim from Margaret Adams , West Danby , for property damage to her house on August 5 , 1971 , from huge limbs falling from dead elm trees on the highway . P RIVILEGE OF FLOOR : Justice Floyd Dorn reported that Traffic Court has been very busy lately . There were thirty - one cases in October . Justice A . Francis Wright said his court has also been very busy . He said he has not had as many traffic cases as Justice Dorn , but has had other rather complicated and time - consuming cases . D orothy Rihiinen raised a question about dead tree limbs falling from a tree located across the road from her , which are endanger - ing her property . B ob Farrell asked if the road he is on - - Makarainen Road - - is an abandoned road or an existing town road . The road is shown on a County Map as a Town Road . Mr . Farrell was advised to check with Highway Superintendent Richard Chaffee . Danby Town Board Minutes - Ncv ember 8 , 1971 - Page 2 Privilege of Floor Cont ' d : Mr . Rick Dobson said he had a complaint about the recent decisions of the Zoning Appeals Board when a permit was granted for a trailer to be erected on a lot that is less than one - half acre of land and about thirty feet from his water system , and which was no hardship at all on the people involved , and in an instance where a man had seven and one - half acres of land they refused his permit to build a house because he only had fifty feet of right - of - way . In the case where the permit for the trailer was , granted on one - half acre the people only had twenty- five feet of right - of - way . The house planned for the seven and one - half acre lot would probably have added at least $18 , 000 to the tax books , while the trailer will probably not add more than $1 , 000 to the tax books . He said he felt this was wrong and should be investigated by the Town Board . Supervisor Makie stated that they expected a report from the Appeals Beard Chairman later in the meeting and would place the matter on the agenda . Ithaca Journal reporter Fred Yahn asked what was considered a proper covering of the garbage section of the Sanitary Landfill . He said he had been taking pictures at the close of day and he felt all the garbage was not being covered . He was advised that there is supposed to be two feet of dirt covering all the garbage at the end of the day . Supervisor Makie said he had attended a seminar on Sanitary Landfills and there it was stated that there should be a covering of six inches of dirt every two hours and two feet at the end of the day . COMMITTEE REPORTS : A . Highway Department - Councilman Ralph Wilbur reported that the Fisher Settlement Road is completed and the papers have been sent in so we should have the money before too long . Highway Superintendent Chaffee has been working on the Dawes Hill Road . He is gravelling it and should have it done in a couple of days . Ever Mr . Johanson is happy with the road . Because the Transportation Bond was defeated they have had a meeting with the County Highway Superintendents and the State Department of Public Works . They are definitely going to cut down on the salt and cinders on County and State High - ways , and they are going to cut the snow plowing down . On County Highways this may not affect our town too bad . It seems there is a terrible mis - use of this and great variations in the amount that the towns charge the county . For instance , last year some of the towns were plowing County Highways for the year for $160 per mile . Some of the towns were getting as much as $600 per mile . This won ' t be any more. , because Howard Stevenson will control this as to when they are to plow the road and when they aren ' t . On the State Highway Superin- tendent Chaffee has always used his own discretion and when it needed plowing he sent the grader out . Now he is not to send the grader out on the State Highway until he has an order to send the grader out . Consequently , without a doubt , our snow plowing money is going to be down . Chaffee didn ' t seem to think this is going to affect our town as much as some others . We have not been misusing this at all . As a matter of fact , he has been turning the time in exactly as the men put on their time cards . We are one of the low towns on the cost per mile . Chaffee feels that they were just generalizing to get some of the other boys to either get in line or get in trouble . He seems to think that if we want out of plowing the State Highway that definitely right now we can get out . Chaffee questions whether we are making any money with the Danby Town Board Minutes - November 8 , 1971 - Page 3 Committee Reports Cont ' d : plowing . Supervisor Makie said he feels we get a fair rate of reimbursement . Councilman Wilbur said that they are going to let the snow build up before they call for the graders to scrape it down . Chaffee feels that if this is what they intend to do the Town cannot afford to do it because they will wear out a set of blades just going to Ithaca and back . Councilman Wilbur said that the line of attack they are using is that this is going to cause people todo a lot of scream- ing as to why the roads are not salted , and whys; they are not cindered and why they are not plowed . They feel that then without a doubt if there is a Transportation Bond again then the people are going to vote for it . Supervisor Makie said that if when Highway Superintendent Chaffee turns in his time for snow plowing he would send a copy to Makie , then he could be sure we are actually getting all the money that is due . At the present time Makie has no way of knowing if we actually get all the money that is due us . Richard Olsen asked if there is anything lined up for the Bruce Hill Road . Councilman Wilbur said it is not included in the Donovan Plan and would have to come under his regular repair and maintainence program , which he has been doing now that he has finished the Erwin Plan . B . West Danby Water District - Councilman Gerald Crance reported that he had heard nothing from Schlieder . Crance said he spoke with Austen and he is coming tomorrow night at 6 : 00 P . M . to install the new chlorinator . C . Insurance - No report . D . Refuse Collection & Disposal - No report . E . Youth - Justice A . Francis Wright asked if the reports had been filed yet . Supervisor Makie said he had not received them . F . Zoning & Planning - No report . G . Fire - No report . H . Cemeteries - No report . OLD BUSINESS : A . Highway Superintendent - No report . B . Zoning Officer - No report . C . Planning Board Chairman - Richard Olsen recommended that the Board appoing Lou Ackerman to the Town Planning Board . D . Appeals Board Chairman - Moses Peter reported that on November 4 , 1971 , a public hearing was held to consider three requests . One involved the reinstatement of a non- conforming use to put a trailer on a 1001 by 100 ! lot owned by Mr . & Mrs . Evelien to be occupied by Mrs . Evelien ' s elderly mother . Three neighbors spoke in favor of granting the request and one spoke against it . The Appeals Board felt a hardship was shown and granted the request . The Board denied' ancapplicant who wanted to build a house on West Miller Road . He owned D anby Town Board Minutes - November 8 , 1971 - Page 4 Old Business Cont ' d : a seven and one - half acre lot , but did not have any road f rontage , only a fifty foot right - of- way . Neighbors in the immediate area spoke against granting the request . The Board felt there could be a problem with parking on the highway and felt the quality of construction was questionable . The third was an appeal by Charles Bruce to permit him to build an auto ✓ epair shop on the same lot where his house is located . There was no one present to express opposition . Mr . Dobson spoke against bhe granting of the permit for the trailer and said he felt that having an elderly relative was n ot sufficient hardship as everyone will eventually have elderly relatives to care for . E . Town Site Status - Supervisor Makie reported that Bob Bartholf is working on measuring the land to see what they have got for the site , which would be east of their building , so they are still looking upon it favorably . The site in terms of size would probably be adequate . Hautala ' s have not called back . George Awad called and was very anxious to do business and would come down on the price somewhat . Makie said he told him that as soon as he had this all together he would immediately contact his lawyer and have the short term option drawn up . Mr . Ash has decided he will not sell either portion o f his property for this purpose . Land in this area is generally appraised for $400 an acre . F . Zoning Ordinance & Fees - Postpondd until next month . G . Appoint Planning Board member - Justice Floyd Dorn made a motion , seconded by Justice A . Francis Wright , to appoint Lou Ackerman to the Town Planning Board . The motion was carried by a vote of five ayes and no noes . H . A motion was made by Justice A . Francis Wright , and seconded by Councilman Ralph Wilbur , to appoint Richard Olsen as the representative of the Town of Danby to the County Planning B oard . The motion was carried by a vote of five ayes and no noes . I . The West Danby Water District Public Hearing will be held on N ovember 22 , 1971 , at 7 : 30 P . M . in the West Danby Fire Hall . NEW BUSINESS : A . Adopt budget - Supervisor Makie explained the changes in the budget as a result of a higher assessed valuation of property than anticipated , which will result in a tax rate of $12 . 22 per thousand , two cents per thousand less than had been anticipated . Councilman Ralph Wilbur made a motion to adopt the revised budget . The motion was seconded by Councilman G erald Crance and carried by a vote of five ayes and no noes . B . Area Beautification Council Appointment - Tabled until next month . C . Resolution to Transfer Funds - Supervisor Makie stated that a resolution was needed to transfer $40 . 00 from Contingent Account A1990 . 4 to Municipal Association Dues A1920 . 4 , to Res . x# 16 cover an increase in the dues . Justice A . Francis Wright made a motion to approve Resolution # 16 to transfer $40 . 00 D anby Town Board Minutes - November 8 , 1971 - Page 5 N ew Business Cont ' d : from Contingent Account A1990 . 4 to Municipal Association Dues A1920 . 4 . The motion was seconded by Justice Floyd Dorn and duly put to a roll call vote . The motion was carried by a vote of five ayes and no noes . D . Margaret Adams Claim - Councilman Ralph Wilbur will check with the Highway Department regarding this claim . E . Makarainen Road - Supervisor Makie will check with the Highway Superintendent and the County to determine if this is a Town Road . F . Rick Dobson ' s Complaint regarding denial of permit for build- ing on seven and one - half acre lot - Mr . Peters said it is necessary to know all of the facts in order to properly consider the problem . The individual was single and there might be six or more occupying the building . There was no ✓ ight of way guaranteed . There was the possibility of a snow removal problem as well as a parking problem . Super - ✓ isor Makie asked the Planning Board to consider whether there needed to be a change in the present ordinance to cover individuals who wish to build in the back lands of the town . Zoning Officer Gordon Roberts stated that before the gentlemen purchased the property he had spoken with him and advised him to obtain his building permit before he purchased the land . He later found that the gentlemen had started construction without having obtained a permit . P RIVILEGE OF FLOOR : E . J . Miller , Jr . , County Representative , arrived at the meeting and reported that there had been an extremely long meeting of the County Representatives that morning . He stated that on November 17 at 7 : 30 P . M . there will be a meeting of the County Representatives , Rural Supervisors and Highway Superintendents . On November 18 there will be a public hearing on the County Budget . Mr . Miller said there is mortgage tax money in the amount of 112 , 000 coming to the Town of Danby . Mr . Miller stated that the equalization rate for the Town of Danby is down to 80 from 83 last year . Mr . Miller said cooperation between the City of Ithaca and the surrounding towns is badly needed . Councilman Gerald Crance asked if Mr . Cortright ' s proposed suggestion to require all trucks headed for the Sanitary Landfill to be covered had been d iscussed . Mr . Miller said he will bring it up for discussion . Mr . Miller also spoke of the problems of the County Fire Coordinator . H ighway Warrant #11 in the amount of was approved to be paid . The motion was made by Justice A . Francis Wright , seconded by Councilman Ralph Wilbur . The motion was carried by a vote of five ayes and no noes . General Fund Warrant # 11 in the amount of $ 1 , 022 . 82 was approved to be paid . The motion was made by Councilman Ralph Wilbur , seconded by Councilman Gerald Crance . The motion was carried by a vote of five ayes and no noes . The motion to, accept the Supervisors Report was made by Justice A . Francis Wright , seconded by Justice Floyd Dorn and carried by a vote of four ayes and no noes . Danby Town Board Minutes - November 8 , 1971 - Page 6 New Business Conttd : Councilman Gerald Crance was advised to sell the old chlorinator if he can find someone who wants it . Supervisor Makie read a list of the debtload of the Town of Danby . It covers highway serial bonus in the amounts of $3 , 565 . 00 ; $10 , 408 . 00 ; $14 , 082 . 00 and $ 26 , 000 . 00 . The West Danby dater District has serial bonds in the amounts of $ 6 , 000 . 00 ; $ 90 , 000 . 00 ; and :; 75 , 000 . 00 . A motion was made by Justice A . Francis Wright and seconded by Justice Floyd Dorn , to adjourn the meeting . The motion was carried by a vote of five ayes and no noes . The meeting was adjourned at 10 : 25 P . M . Respectfully submitted , 021A1/172FJ„1-- Mildred L . Miller , Town Clerk