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HomeMy WebLinkAbout1976-05-10 TOWN OF DANBY TOWN BOARD MINUTES May 10 , 1976 The regular meeting of the Danby Town Board was called to order at 8 : 00 P . M . at the Danby Elementary School , Gunderman Road , Town of Danby , Tompkins County , New York , on May 10 , 1976 . Board members present : Supervisor A . Francis Wright Councilman Ralph Wilbur Councilman Paul Smith Justice Milton Todd • Justice Floyd Dorn Others present : Edward Slights , Joseph Hulbert , Alfred Sebesta , Dan Hoffman , Gordon Roberts , Ernest Cole , Jimmie Miller , Mrs . Wright and Mrs . Wright . The minutes of the March 8 , 1976 meeting of the Town Board were approve - ed as presented . The motion was made by Justice Milton Todd and seconded by Justice Floyd Dorn and carried by a vote of five ayes and no noes . The minutes of the April 12 , 1976 meeting of the Town Board were approved as presented . The motion was made by Councilman Ralph Wilbur and seconded by Councilman Paul Smith and carried by a vote of five ayes and no noes . COMMUNICATIONS : 1 . A letter from New York State Commission of Cable Television concerning extension of Cable T . V . in the Town of Danby . 2 . A letter from the Tompkins County Highway Department con - cerning training programs for local highway and traffic personnel . 3 . Agenda of the Tompkins County Board of Representatives meeting of April 26 , 1976 . 4 . A letter from Consolidated Gas Supply Corporation making application to repair its pipe line under Nelson Road , Town of Danby . 5 . A letter from the Tompkins County Department of Planning with a resolution adopted by the Tompkins County Board of Represent - atives approving Agricultural District #5 in the Town of Danby . 6 . A resolution passed by the Tompkins County Board of Represent - atives for the apportionment of mortgage taxes to the towns and villages . • 7 . A change order Number 5 for the renovation of the Town Hall to change lighting in the meeting room . 8 . A letter from Walter Reimers asking to have the ditch cleaned that runs in front of his house . . 9 . Minutes of the meeting of the Danby Town Planning Board of April 13 , 1976 and of April 28 , 1976 . 10 . Minutes of the meeting of the Town of Danby Board of Zoning Appeals of April 14 , 1976 . Town Board Meeting Minutes - May 12 , 1976 Page 2 Communications continued : 11 . A letter from the Association of Towns of the State of New New York advising of the training school for Town , and County officials to be held June 7th and 8th . 12 . A letter from the Finger Lakes State Park and Recreation Commission concerning the removal of gravel from Butter - milk Falls State Park . PRIVILEGE OF THE FLOOR : Councilman Paul Smith said he has received a complaint from a resident of the town concerning the improper care of pigs on the property next his . There is a run off from the pasture that runs down the ditch in front of his property causing a bad odor . The matter was discussed at length . This matter will be looked into . Mrs . Wright from West Danby came to complain to the board about clean - ing up the Bell property . This was approved to be cleaned up in O ctober and hasn ' t been done yet . Supervisor Wright explained that a contract is being drawn up by the Town Attorney and it will be done shortly . A lengthy descussion followed . he oc o e �� sigg�� d t $.p be followed in getting the Adams and Campbell / hag arZ in violation of the Danby Zoning Ordinance was discussed . Zoning Officer Gordon Roberts has written to these people and given them deadlines to take care of the violations . If nothing is done they will be taken to justice court . COMMITTEE REPORTS : Highway - Councilman Ralph Wilbur stated that it was a good thing for the town to be able to get gravel from Buttermilk Falls State Park . The VandeBogart property has been cleaned up by the town h ighway department . Councilman Ralph Wilbur made the motion that the dug well on the VandeBogart property be filled in by the h ighway department . The motion was seconded by Justice Milton Todd and carried Imaahe affirmative vote of the entire board . Dumping garbage and / animals along town roads was discussed and also the cost of resurfacing Michigan Hollow Road . West Danby Water District - Health Department reports the water O . K . Insurance - Everthing is up to date . Refuse Collection and Disposal - Supervisor Wright has reported the dumping of dead animals and garbage along town roads to the Sheriff ' s department and to the State Troopers . Youth - Councilman Paul Smith will discuss the community bus with B radley Corbitt at the next Community Council meeting . Zoning and Planning - Justice Floyd Dorn reported the airstrip problem has been discussed but nothing has been done . Should have an answer by next Town Board meeting . Fire - Nothing Cemetaries - Justice Floyd Dorn has made a tour of the cemetaries . There are 9 in the town . Mowing and cutting is being done . B icentenial Committee - Jimmie Miller reported that as far as the county is concerned things are relatively quiet . As chairman of Town Board Meeting Minutes - May 12 , 1976 Page 3 Committee Reports continued : the bicentenial committee , Mr . Miller presented a budget to the town in the amount of $ 575 . 00 . Besides this the town board was asked to buy three flags , one with the number of states at the time the Town Hall was constructed , a flag with thirteen stars , and a new up to date flag . Also they were asked to have a flag pole installed at the Town Hall . Supervisor Wright asked Council - man Ralph Wilbur and Councilman Paul Smith to work with him on the bicentenial budget . T . V . Cable Service Committee - Alfred Sebesta reported that things are going well and that now Mr . Ceracche has presented the town with a proposed franchise agreement . A date must be set for a public hearing . Councilman Ralph Wilbur made the motion to hold the public hearing at 7 : 00 P . M . just prior to the regular board meeting June 14 , 1976 if this time is acceptable with the Town Attorney . The motion was seconded by Councilman Paul Smith and carried by a vote of five ayes and no noes . OLD BUSINESS : Highway Superintendents Report - Joseph Hulbert said that he had prices on radios for the highway department for the town board to look at and make their recommendations . The supervisor turned this over to the highway committee for there study and recommendations . After some discussion it was decided that the application of Consolidated Gas Supply Corporation to repair its ' line under Nelson Road be referred to the town attorney for his recommendations . Zoning Officer ' s Report - A written report was submitted . Several cases are pending and were discussed and the board authorized the zoning officer to proceed as he saw fit . Appeals Board Chairman - Absent . Planning Board Chairman - Chairman Ernest Cole reported that the board is still meeting twice a month to work on the revision of the zoning ordnance . A letter will be sent to the planning board members who are not attending meetings asking for better attendance or their resignation . Justice Milton Todd reported that there has been a meeting with C . S . E . A . but nothing is settled yet . NEW BUSINESS : The board discussed the Federal Revenue Sharing planned use report . The following resolution was moved by Justice Milton Todd and . seconded by Councilman Ralph Wilbur : The next allotment of Revenue Sharing Funds for the Town of Danby in the amount of $ 6 , 746 . 00 be • allocated to buy furniture for the Town Hall . RESOLUTION #20 THE NEXT ALLOTMENT OF FEDERAL REVENUE SHARING FUNDS IN THE AMOUNT OF $ 6 , 746 . 00 BE ALLOCATED TO BUY FURNITURE FOR THE TOWN HALL . Roll Call Vote : Wright - aye Wilbur - aye Smith - aye Todd - aye Dorn - aye Carried by a vote of five ayes and no noes . Town Board Meeting Minutes - May 10 , 1976 Page 4 New Business Continued : Change order #5 for the renovation of the Town Hall to change the lighting in the meeting room at - an additional cost of $ 50 . 00 . After some discussion it was decided that more information was needed . A motion was made by Councilman Ralph Wilbur and seconded by Justice Floyd Dorn that Paul Smith and Milton Todd be . authorized t o make the decision on change order #5 after they have checked into this further . ' Change order #6 for changing the treads on the steps to the offices at the back of the building in the Town Hall Renovation was discussed at : length . This will be discussed with Boehlecke at a special meeting . From Councilman Ralph Wilbur ' s observations the work being done on the town hall is satisfactory . No action was taken on change order #6 . Auto Salvage seems to -have increased the - size of their junk yard . It seems to have gone beyond the • three and one -half acres agreed to in the court action . The agreement with Auto Salvage' will be reviewed by Gordon Roberts, and he, will report to the town board in June on this matter . Justice Milton Todd made the motion to authorize the town clerk to attend the Town Clerk ' s School at Cornell University on June 7th and 8th . The motion was seconded by Justice Floyd Dorn and carried by a vote of five ayes and no noes . Justice Milton Todd made the motion to authorize the Town Supervisor and the Town Highway Superintendent to attend the school for highway people at Cornell University . The motion was seconded by Councilman Ralph Wilbur and carried by a vote of five ayes and no noes . Justice Floyd Dorn made the motion to authorize Milton Todd to attend the Justice School to be held in Utica on June 14th and 15th . The motion was seconded by Councilman Ralph Wilbur and carried by a vote of five ayes and no noes . There will be a special meeting of the Town Board on May 24th at 8 : 00 P . M . at the home of the supervisor . General Fund Warrant # 5 in the amount of $ 12 , 232 . 28 was approved t o be paid . The motion was made by Justice Floyd Dorn and seconded by Justice Milton Todd and carried by a vote of five ayes and no noes . Highway Fund Warrant # 5 in the amount of $ 1 , 210 . 99 was approved to be paid . The motion was made by Councilman Ralph Wilbur and seconded by Justice Milton Todd and carried by a vote of five ayes and no noes . W est Danby Water District Warrant t5 in the amount of $ 292 . 65 was approved to be paid . The motion was made by Justice Milton Todd and seconded by Justice Floyd Dorn and carried by a vote of five ayes and no noes . Justice Floyd Dorn made the motion to accept the Supervisor ' s reports as presented . The motion was seconded by Councilman Ralph W ilbur and carried by a vote of four ayes and no noes . The motion to adjourn the meeting was made at 10 : 25 P . M . by Councilman Paul Smith and seconded by Supervisor A . Francis Wright and carried by a vote of five ayes and no noes . Respectfully submitted , Mary ltz , cT'erk . . • • 7 . • 1 C ON TR . ,, CT • • • THIS AGREEMENT , made the, - � day -of `. JSiy , 1976 , by and between the Town of Denby , a Municipal . Corporation of the • State of New York , hereinafter referred to as the 4 Municipality " • . • and Roy L;': • Casterline . of West - Danby, ,, Mew York , hereinafter re- ferred to as the .° Contractor" ; - WHEREAS , the .Municipality . . pursuant to statute therein . . provided has passed • a : resolution • authorizing .the work herein , . contemplated to be done at the eremites ' located at 22 Station , Road. in West Denby , New York, reputedly awned by Katherine. Belli • and WHEREAS , the ' . Contractor herein was - low ,. bidder for the • . , accomplishing , of the Work . . reguiired • by the Town , to be done at said premises , : and • - • ; ' • WHEREAS , the : Muunicipality pis - desirous • of having the • • • • ; work done . as soon" al possible , and ' .. - WHEREAS , the . Contractor. has agre. d :, tc perform said work - as ;contai'ned in the resolution passed by the. said Municipality on the day of June , ' 1976 . • . NOW THEREFORE, for. and. in .consideration- of the mutual, . covenants herein ex. pressed ' ' and otha r: r va'l usable . and lawful cmi - • sideratio n , it is • agreed between ° thetr`partiew here.ta as follows : • ` . " 'a . • THALER .& TH'ALER • t • ATTORNEYS & COUNSELORS • , ' . ••.309 NORTH TIOGA STREET • . i • ITHACA . NEW YORK • 14850 - • • . . e • • 2 _ • . • 41 , That upon the execution of this Agreement the Contractor shall post with the Town Clerk of the Municipality Certificates of Insurance shwaing appropriate insurance coverage for any and all employees of the Contractor performing work on • said job under the appropriate provisions of the statutes of the . . State of ' New - York to include , but net limited to Workmen ' s Compensation , Disability Benefits , Unemployment Insurance . 2 . That the Contractor shall file with the Town Clerk of the Municipality at the tine of the execution of this Contract a Certificate of Insurance showing good and sufficient liability insurance by which policy of said insurance the Municipality shall be : held harmless from anyn and : all acts of , negligence of the • Contractor in performing said work pursuant - to: . this Contract . 3 . That the Contractor shall , upon the execution of this. Agreement , sign an Affidavit pursuant to the Libor Law of the State Of New York indicating compliance with the minimum wage and nondiscrimination clauses thereof . 4 . That the parties hereto acknowledge that time is of ' the essence of this Contract and the Contractor agrees to commence the performance of said Contract within ten days of the execution of this Agreement and , to complete the same within three weeks ' " TRACER & THALER thereafter . ATTORNEYS & COUNSELORS 909 NORTH TIOGA STREET • ITHACA. NEW YORK 14850 • , • • , ' l N . - r -4 " i . :: r 5 That Contractor agrees to indemnify and save harmless ' - -,• the Town from any and all daE to , adJ oining property ozone rs for 4 . : . ' Claims arising. out ' of : his ' performance of ' this. Contract on ,he property at Z2 Station Road- In West Denby , New. York . It i cons. ' templated hereunder that the' :contractor shall ' have ;`the right to . enter upon ' the adJoining ., landowner , . Shirleyt: Wright• ' et a with permission but shall. restore said , premises in " a•. satisfactory .. *c condition to said °toner . , r 6 , That upon ,the cospletioo :i of . all of the items required • , , to ' be done pursuant to - .the ', specifications as contained in said ' • . resolution ` of .; the municipality , ,the , Contractor ' shall apply to . the Municipality ' s Zoning Officer for . an ' inspection of the premises .. - , ,1. _ . . - ..y. _ and if satisfactor y , payment - sh;all br e • , made . by • the • unioipelity • . upon the written approval of 'ssi`d, eb pleted ' r job by the said :Zoning • Officer . ° . ) • 7 , That the 'Municipality ' shall ',pay, :t © t'h°e • Contractor r , . : • . : ' for the : work contemplate i d 'hereunder pursuant'hereunder •the speci,fcations , as contained in said resolution tlae " sum of . ONE `THOUSAND F lII , ' HUNDRED SEVENTY , FIVE DOLLARS ( $ 1 , 475 , 00) within _ seven ( 7 ) days `after receiving from the Zoning Officer the written approval, of • •. • the completion of the` ;-Job 's - THALER & THALER ATTORNEYS &COUNSELORS - - - . • - 1. • . 309 NORTH TOGA STREET 1THACA , . NEW YORK 14850 .. . ,, . . - - - . •.: ;, I • ' .+ , . . . .• .. 2- - • . . . , . . • . • . • - f ' _ ti -• That . the Contractor hereby . acknowledge8 • that he hereby . accepts this. • Contract ' 'jubject to the - pravi ioni of Section 103A • oh f ` .. te . General Municipal Levi .and that pursuant to the applicable . • State Law , that he hereby • certifies " that . there has been no collusion , • in : the arriving at the --Stns. stipulated as the : Contract price . ti , " This _ Agreamant'.; executed the day, , and . yeai first above written . , . . • 0Vi+ CTA • . " . TOWN .+ OF DANBY ■ . _ • - AY : • c a c r ; �14 ICIPALIT11 Super" sor i • J I I • . • _ .y , , • - :4 L4 , , • . � . - . . - . . • • THALER & THALER e. • - '41 ATTORNEYS & COUNSELORS • • 1 - ' • - . I • . . - . 309 NORTH TIOGA STREET .. . "+; e .•. ... . ITHACA ; NEW YORK 14850 ' . ,^ : . ' y I r , t yb � E xa Y , 2. rl > ”or it k4: Y 1I f • `• ?ir , a3 H ■ t!� t `A z 9 , •m1 t t r 'A Mr , a . • • 44:IA .L:}3 „' -Liz,: i . ( TOWN. � ��yyAAggf�gg � .1 : , ..�+ c (�y �7}tT - "fit .yy,����`�i ' It .. .•CT 'Ti Wkst .+ r t ®F • DC ,N37 : R 1SOL1J �1. IQN Li0i b ``k� , r 5 .7 - q `fit- t S k f G "0 411'b Sfl �.•" J �p�e n m e �g of ' i' Berard of � e v. ( " 1 . . a the { �y �y p� }�jygy� p.� �y �r�µ (�tygr the r 'pg�p� ys t~. 9^ v t*? ? ,�,48M'N L� IOW � M(�VF• nG p4i!>r y �/ Nr ' Town Board 44 7 ; , . is t ! " 4 r u . - ` 14 t ° ' . . and ` for thi town . of : D by by the Ou i visor upon the j reornndeon or !.+ , �� , <, �r ce r ' end` 'a Attorney . • ;+ pr it yf , � . kl « : . .1 . ar' No . 2i 1iS , � `'' `'' BRA n ep d " (senor of TAR Parcei 3 ” Srsl rye - Fr , , , 1p der ` a. 22 Station, i Wo t� y , NOW York , Katherine r- 1 >� x: `� .s ' � , ca on bs cited by • h+ Zoning Office iqo� Bell 0 0 yl Ali .. i ✓z , p�{l}�,� '��}�a�'�M r� ' 41 , obe°ta for viola is , of ft Zoni Ordinance of . ',, >r. = ; i 9c 9 fer '� 143 ' ist4tl , bQ, � ltlby ' �d g �a Iw'� a ; '' Y ¢\J ( � . ., fir hid. 9 .d a eared iu rh said Karr . t 'r�ri1 t , q !h , ,ti rAi �d fob tlae ' Town of Tae nod has bQou•i$ g .atrate g Coin 1A 4a R 4• M�d R" � � s iu� r a Irate at. lton . 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'! officer tt to said a*ndi io •yx ae • been . rectified pursuant to the . �,:{r it J f • r t ` olh ftt{ ` 3 "} P .t. r ; '' . . Ladling crra2noe ta t ' 1 he tewt . of . Denby .. ...and • that the health . �x a l° i `' ha Lard 0, - sit reared G{• 3 • » �tt }S4 ti.i1 r .. - f , t , `'' I�u a � '49t`7. of ID Cib a�� "t1�38 : th l e 'right : to reject any and•t ,, " , : 812,4, bids kst to • work contemplated` hereunder is thought to be { x tR t ., . . -`< ii. t )t : •le a :' than $ 5Q0 .'4p ` i s v8 � sae the necks: ty, o : publication this i. T rrV , +41,,0} ?e . . . . ' r 4'a r. L l , t 1f' •• ." t ", �, , ` , ; !'': i Reeplat on ; ,idvettiaea nt for, bidet .`is ,deoauad . ,not t necessary a )r } :f • w 11 i s id . • • 11;4 1 �ir. IV";CC}7� tinder t o fin Gr ®d�9G a WV. .. a t �'Iii10 .p ; 1• V. ' ° `[` t vela do halving boon, m,ad4, and ` duly spcocdod and• r` , l.3?_ 1 t r . I /. • ;hi:.j} )).. ft{ is.. .....' �/j i. , • F• fe A t f e ! 3 y pleot�d t'atl l � 4Vf W� .Cli6�tY� �, t tt ' y P o tho ,• . • r i 4 s hereby•♦ 1, ffffF✓ , 3A � t „; i auths r ,. • to ia0 iti a it cOntr iet with the apipropriat® {k t lr 4''1.- &- • kW I:i • prospoct.iver: err and to bring •• beck - to ', this Board for its - T�Y`L' ' 4 , approval . ,any , ' ana � 11 bads deemed : +appropriate for further .•Zt T �, AA per f . 1 '{ 1 hc ,Sl Iry •'$�'v�tir 4 action. 1 . p - . . i I 5 a rf♦ r * 4. • u 1 - - rr r h . . .. 1 _ . sit b ! 1 , - I • (L it k 1,ti 4 . • • e , • r t 1 1i ' Y . v. l• � 1 + 15 , ' ) t- iV, fG'trl,a d i . , S :y.•1r THAL£ R & ,T HALER ^•hd 'La 10441rSRPiren Q COUNSELORS , ', t : • .. ZM,, 300? NQNTN TIQAA `6TAk UT t• 1T'?i1d,ZP►,. 4KlYt YORK 14880 ' • Y ,rt .i ,i, . . ' • 416: . L' ' ,, } i r < • _ f +: 1 t I r - r Nv )r<-K , • t •t xxta! f f 1• ., •, 1 . . • ,