The URL can be used to link to this page

Home My WebLink About1987-09-14TOWN OF DANBY SPECIAL MEETING SEPTEMBER 14, 19 87 SEALED BIDS FOR FENCE A SPECIAL SEALED BID MEETING ATLAS WAS CO. CALLED SUBMITTED UNLESS TO ORDER ATTORNEY AT 7:10 MORE PM, BI.D. BY SUPERVISOR DONALD BURDICK TO OPEN SEALED BIDS ON CHAIN LENGTH FENCE. PRESENT: DONALD BURDICK RIC DIETRICH DOROTHY ROBERTS JULIA TAGLIAVENTO ABSENT: ED SHAY SUPERVISOR COUNCILMAN COUNCILWOMAN COUNCILWOMAN COUNCILMAN RRCORDING SECRETARY: JOAN BABBIT, TOWN CLERK CLMN. TAGLIAVENTO OPENED BID FROM ATLAS FENCE COMPANY, EAST SYRACUSE_, N.Y. AMOUNT: $7,970.00 THE ONLY BID RECIEVED, SUPERVISOR BURDICK MOVED, CLMN BID FROM ATLAS FENCE COMPANY, RESOLUTION ROLL, CALL: ABSENT: It 30 DIETRICH ROBERTS TAGLIAVENTO BURDICK SHAY RESPECTFULLY SUBMITTED., 0 JOAN BABBITT, TOWN CLERK ROBERTS SECONDED, TO ACCEPT ACCEPT SEALED BID FROM ATLAS FENCE CO. AS SUBMITTED UNLESS CHECKING WITH ATTORNEY SAYING WE NEED MORE THAN ONE BI.D. AYE AYE AYE AYE i 6 1 f ( »A4 T W UP DANBY TOWN BOARD MINUTES SEPTEMBER 14, 1987 THE REGULAR FROM 5557 MEETING OF THE TOWN BOARD OF THE TOWN OF DANBY HELD ROAD, SEPTEMBER DANBY, N.Y. 14 , 198 WAS 71 AT CALLED THE TO DANBY ORDER TOWN HALL, BY SUPERVISOR .1830 DANBY DONALD BURDICK HINCHCLIFF AT 8:OOPM. PLEDGE OF ALLIAGANCE LED BY SUPERVISOR MILTON TODD BURDICK. PERMISSION TO ATTEND JUSTICE: SCHOOL, 1014-7187, ELLENVILLE, PRESENT: RIC DIETRICH DOROTHY ROBERTS JUDY TAGLIAVENTO DONALD BURDICK ABSENT: ED SHAY COUNCILMAN COUNCILWOMAN COUNCILWOMAN SUPERVISOR COUNCILMAN OTHERS PRESENT: ROY CA.STERLINF., MARY CASTE'RLINE, PAM CLERMONT, PETE CODDI.NGTON, DON GRAHAM, JOEL GAGNON, JIM HOVANEC,MARGE HOVANE:C, GAIL MILLER, FRANK PROTO, DONNA INMAN, RICHARD MARISA-, WALTER SCZEPAN.SKI, CAROL SCZE;PANSKI, BILL FRkDERICKS, EDWARD ROBERTS, PAUL DECKER, DONNA DECKER, SARAH HASTINGS, MARY LEE, ERIC CLEVELAND, LOIS JOANNE NEWMAN, LINDA HOWE, E.B. WRIGHT, ROBERT ELLIS, EUGENE HARTQUI.ST, ALBERT SHEPHARDSON, RHETA SHEPHARDSON, ROBIN GAVI.N, TOM GAVIN,LARRY WALKER, LORAIN BARD, T.J. GRADY, BETSY KRAMER, WILLIAM KELLY, JIM ME'YE RS, ANNE CLAVEL, ROBERT OWENS ROE .AND OTHERS RECORDING SECRE APPROVAL OF MIN --- - ^ - - -- A —MOT BY CLMN, DI.ETRI. MEETING BE ACCE T U I C P ARY: JOAN BABBITT, TOWN CLERK T L'S_ ON WAS MADE BY CLMN. ROBERTS, SECONDED H THAT THE MINUTES OF THE AUGUST 10, 1987 TED. ADOPTED DIETRICH, ROBERTS, TAGLIAVENTO, BURDICK ABSENT— SHAY CCMMUNZCATIdNS: — -- — STATE'HIGHWIIYS TOWN CLERK READ LETTERS 8155 and FROM 5557 NYSDOT RE: LETTER FROM JULIA HUGHES RE.': HOUSE NUMBER LETTER FROM TRUE„ WALSH & MILLER, SIGNED BY JOHN MOSS HINCHCLIFF RE: PET CEMETARY LETTER FROM MILTON TODD RE: REQUEST.FOR PERMISSION TO ATTEND JUSTICE: SCHOOL, 1014-7187, ELLENVILLE, NY PRIVILIGE_OF THE FLObR — FRANK PROT.O REPORTED THAT HE WAS VERY MUCH IN FAVOR OF MORE ROAD PATROL, NEEDS COUNTY APPROVAL TO ADD 9 MORE PATROLMAN. THANKED THE TOWN FOR THEIR HELP, REPORTED OF THE 00 AGRICULTURE ASSIGNED COUNCIL, 8 YEAR HIS REVIEW DISAPOINTMENT NOT IN THE DANBY AREA NEWS, REPORTED ON LANDFILL, AND ASK THE TOWN TO GO OVER THEIR PRIVATE ZONING INDIVIDUAL, ,ORDINANCES CORP. CAREFULLY. MOVING IN WARNED AND PUTTING OF IN LANDFILL, LANDSTROM BRINGING HIS LAND UP TO SPECS, SO THAT THEY MAY HAVE TO TEST HIS SIGHT. IF DANBY NOT INTERESTED IN HAVING ANOTHER LANDFILL ACT NOW NOT LATER, PUT CONCERNS IN WRITING TO FRANK PROTO, WILL SEND LETTER FROM SOLID WASTE INDUSTRIES TO TOWN CLERK. SECOND PHASE OF HIS REPORT SHOULD BE DONE BY END OF SEPTEMBER OR THE FIRST OF OCTOBER TO TAKE TO THE COUNTY BOARD, COUNTY HAS A TRUMP CARD OF RIGHT OF EMINENT DOMAIN, WILLING SELLER, PRIVATE FIRMS .DON'T HAVE THAT. T PAGE; 2, DANBY TOWN BOARD, SEPT. 1 4 , t987 ory PRIVILIGE OF THE FLOOR CONT'D PAUL DECKER, DISCUSSION OF BUILDING -PERMIT, OLD TOWN ROAD, ON THE A6E.;NDA FOR OLD BUSINESS, RICHARD MARISA, DISCUSSION OF PET CEME.'TARY, ON AGENDA FOR OLD BUSINESS, COMMITTEE REPORTS EMC NO REPORT COMMUNITY COUNCIL NO REPORT HIGHWAY —PETE CODDINGTON REPORTED THE USUAL THING, — .DITCHES, GRAVEL AND PIPE'S SENIOR CITIZENS CLMN, ROBERTS REPORTED SEEING THE MARK TWAIN PLAY AND THAT A MYSTERY TRIP WAS SCHEDULED FOR SEPTEMBER 26, 1987, WILL LET US KNOW WHERE THEY WENT NEXT MONTH, ZONING_ NO REPORT DOG CONTROL LORAIN BARD REPORTED REGARDING BUDGET AND DOG CENSUS PLANNING BOARD DON GRAHAM REPORTED THAT THE ........... ----- PLANNING BOARD DID NOT MEST AT ITS REGULAR TIME IN AUGUST, SPECIAL MEETING LAST TUESDAY, 918187 TO REVIEW SUSAN BEENERS PUD FOR APARTMENTS ON BALD HILL ROAD, AFTER REVIEWING REVISIONS THE PLANNING BOARD RECOMMENDS TO THE TOWN BOARD THAT THE PUD BE APPROVED FOR SIX UNITS,NO MORE THAN SIXT'E'EN PEOPLE.;, COPIES OF THE REVISED PLAN AND MAPS FOR THE BOARD, PUBLIC HEARING TO BE HELD OCT.1217PM, PRIOR TO THE TOWN BOARD MEETING TO HEAR PUD. LETTERS TO BE SENT TO NEIGHBORS BY TOWN CLERK, BOB ELLIS REPORTED THAT HE WOULD LIKE A NEW SLUCE PIPE.,' 180 NELSON. ROAD, PETE CODDINGTON TO GET NAME,.' AND CALL HIM, WATER DISTRICT 'ROY CASTERLINE REPORTED BOB MORSE; HAD +BEEN THERE AND TORE EVERYTHING UP AND ASKED PAM CL,E'RMONT IF SHE HAD HEARD FROM HIM? PAM CLERMONT .SAID SHE WOULD GIVE HIM A CALL, ZONING_ BOARD_ OF APPEALS FIRE — DISTRICT - -CEMN 'DIETRICH REPORTED THAT THEIR PEFERENDUM WENT THROUGH AND THEY WILL PURCHASE NEW PUMPERS, CODDINGTON ROAD AND4 NEW PUMPERS ON THE BALLOT, BOTH ITEMS APPROVED, CODDINGTON ROAD CONTRACTED OUT TO BROOKTONDALE. COUNTY YOUTH NO REPORT CLMN. DIETRICH REPORTED THAT THE JUNK LAW IS IN EFFECT AND THAT PAUL HARDEST.Y HAS AGREED TO HAUL JUNK CARS AWAY AT NO COST, BILL FRE'DERICKS ASKED FOR NO PARKING SIGNS TO BE PUT UP ON BALD HILL ROAD, NOISE AND TRACTOR TRAILER TRUCKS, SUPERVISOR BURDICK SAID HE WOULD ASK THE ZONING OFFICER TO LOOK INTO THE PROBLEM, OLD BUSINESS PET CE'METARY� SUPERVISOR BURDICK RECOMMENDED THAT THE BOARD . SE'ND THE PET PUD BACK TO THE PLANNING BOARD, DUE TO THE QUESTIONS BEING RAISED , THE LETTER FROM THE LAWYERS WITH THE PETITION AND ASK BOB DUTCHER TO GIVE US ALOT MORE DETAIL, ON THE PROJECT, THE LAND AND ETC. RECOMMENDED THAT WE INVOLVE HERB ENGMAN OF THE DEC SO THAT WE FIND OUT IF ANY WETLANDS ARE INVO.L VE'D. DONALD GRAHAM SAID THAT THRI PET CE'ME..'TARY WAS NOT IN WET LANDS AND THEY HAVE RE'VIEWE'D MR. MARISA'S LETTER AND NOTHING WOULD CHANGE HIS OPINION AT THIS TIMf', AFTER LENGHTY DISCUSSION DON GRAHAM RECOMMEDED THAT ANOTHER PUBLIC HEARING BE HELD ALLOWING RESIDENTS OF STEAM MILL ROAD TO VOICE THEIR OPINION. PAGE 3, DANBY' -TOWN BOARD MINUTES, SEPTEMBER 14, 1987 i y OLD BUSINESS CONT'D PET CEMETARY A MOTION WAS"MADE BY CLMN, ROBERTS, SECONDED BY CLMN. TAGLI.AVENTO DIETRICH THAT A PUBLIC HEARING BE HELD ON THE PET CEMETARY ON THURSDAY; OCTOBER 1st, 1987 AT 8:00 PM, NOTIFY ROBERT DUTCHER AND THE NEIGHBORS OF STEAM MILL ROAD, HOVANEC PUD CLMN. DIETRICH RECOMMENDED TO THE TOWN �BOARD �THAT THEY CONSIDER TO CHANGE RESOLUTION' # 2 1 , OF THE PUD FOR HOVANE%'C AND GO AHEAD AND GRANT BUILDING PERMITS CONTINGENT UPON APPROVAL OF TOWN ATTORNEY. AFTER DISCUSSION CLMN. DIETRICH ASKED PAM CLERMONT TOWN ATTORNEY TO EXPLAIN CONTRACT WITH HOVANEC. PAM CLF.RMONT EXPLAINED THAT THE TOWN AND THE HOVANECS PROPOSED TO ENTER A CONTRACT THAT WOULD BE BINDING, THAT IS REALLY AN AMENDMENT OF THE PUD THAT THE RESOLUTION WOULD NOW BE PASSED TO APPROVE THE PUD AS A FINAL DEVELOPMENT DISTRICT AND WE' WOULD ISSUE BUILDING PERMITS, SECOND POINT WE WOULD SUB - CONTRACT THE COST OF REPAIRING THE ROAD WITH THE HOVANECS TO BRING IT UP TO TOWN SATIS- FACTION TO GET FIRE TRUCKS, EMERGENCY VEHICLES, AND SNOW .PLOWS IN AND OUT OF THE PUD EVEN DURING CONSTRUCTION, NO ONE.WOULD.BE' LIVING THERE YET. HOVANEC'S WOULD TAKE" THE RISK OF THE COST OF THE ROAD IN CASE.'.' OF AN ADVERSE,' DECISION, WE ARE SUB- CONTRACTING TO THEM AT ZERO COST TO US, A POSITIVE DECISION, WE WOULD IMPROVE. FUTHER DOWN THE ROAD. HOVANE'C'S WOULD EXECUTE(AS PART OF CONTRACT) A HOLD HARMLESS AGREEMENT CONCERNING ANY INJURY ON THE ROAD OR ANYONE GOING TO OR FROM THEIR PROPERTY, BASICALLY WE ARE SAYING HAOVANEC IT IS YOUR DEVELOPMENT YOU TAKE THE RISK OF COST, WE ARE TAKING THE RISK OF LEGAL SUIT TURNING OUT, BECAUSE WE ARE STILL INVOLVED, OUR POSITION THAT IT IS A TOWN ROAD, HOVANEC WILL DEVELOP ANY ALTERNATE ROUTE TO PUD, SHOULD T.HER BE AN ADVERSE DECISION AT HIS OWN COST, NO COST TO THE TOWN, HOVANEC WILL NOT ASK FOR ANY CERTIFICATE OF OCCUPANCY UNTIL: 1. THE LAWSUIT HAS BEEN FAVORABLE DECIDED IN OUR FAVOR 2, ALTERNATE ROAD BUILT TO TOWN SPECIFICATIONS, MRS. WRIGHT ASKED HOW WIDE ROAD WILL BE? 50 FOOT RIDE -A -WAY, WIDING BELOW THE CONTESTED LAND, STICKING TO THE TERMS OF THE COURT ORDER. RESOLUTION # 251 a CLMN. DIETRICH CLMN, ROBERTS, ROLL CALL DIETRICH ROBERTS TAGLIAVENTO BURDICK ABSENT SHAY AMEND RESOLUTION #21 (HOVANEC) GIVING FINAL APPROVAL TO THE PREVIOUS PUD WITH NO CONTINGENCY, RESOLUTION CHANGE TO READ CONTINGENT UPON FINAL .APPROVAL OF THE TERMS AGREED ON BY .TOWN ATTORNEY. MOVED TO APPROVE, SECONDED BY AYE: AYE AYE AYE a L PAGE 4 , DANBY TOWN BOARD MINUTES, .SEPTEMBER 14 , 198 7 OLD BUSINESS CONT'D DOG CENSUS, TABLED UNTIL MORE INFORMATION OBTAINED NEW BUSINESS PUD DIETRICH FOR AL SHEPHARDSON TO FOR A WESTERN SHOP, THE COUNTY READ SHAY BY THE SUPERVISOR OFFSET BURDICK. DISCUSSED, THEM THEN TURNED UP WITH RECOMM- ENDATIONS OVER TO THE .PLANNING TO DANBY. BOARD CHAIRMAN THE DON GRAHAM. DISTRICT TOWN CLERK READ, TOWN BOARD MET TO OPEN BIDS AND ACCEPTED A BID FROM .ATLAS FENCE IN THE AMOUNT OF $7,970.00. BOARD MOVED TO ACCEPT THIS BID ON APPROVAL FROM THE TOWN ATTORNEY. Cr.MN. DIETRICH WOULD LIKE TO REFER TO THE PLANNING BOARD THE COUNTY PROPOSAL SHAY ON THE LANDFILL IMPACT OFFSET AND MEET WITH THEM TO COME UP WITH RECOMM- ENDATIONS IF LANDFILL COMES TO DANBY. FOR APPROVAL OF WARRANTS A MOTION WAS MADE BY CLMN, TAGLIAVENTO, SECONDED BY CLMN, ROBERTS TO APPROVE PAYMENT FOR THE GENERAL FUND WARRANT # 9, TOTALING $2,912.72 ADOPTED: MOTION WAS DIETRICH, DIETRICH, ROBERTS, TAGLIAVENTO, BURDICK ABSENT: SHAY SHAY SECONDED A MOTION WAS MADE BY CLMN, ROBERTS, SECONDED DIETRICH TO APPROVE .PAYMENT FOR HIGHWAY FUND ------ - - - - -- #, 9, TOTALING $29,642.38 BY CLMN, WARRANT ADOPTED: MOTION WAS DIETRICH, ROBERTS, TAGLIAVENTO, BURDICK ABSENT: CLMN, SHAY A MOTION WAS MADE BY CLMN, DIETRICH, SECONDED BY CLMN, ROBERTS TO APPROVE PAYMENT FOR THE WEST DANBY WATER DISTRICT WARRANT # 91 TOTALING $115,75 ADOPTED: DIETRICH, ROBERTS, TAGLIAVRNTO, BURDICK ABSENT: SHAY APPROVAL OF SUPERVISOR'S REPORT -............. --......... - - - - -- A MOTION WAS MADE BY CLMN. ROBERTS, SECONDED BY CLMN. TAGLIAVENTO TO ACCEPT THE SUPERVISOR'S REPORT AS PRESENTED, ADOPTED: DIETRICH, ROBERTS, TAGLIAVENTO, BURDICK ABSENT: SHAY ADJOURN:_ A MOTION WAS MADE BY CLMN. ROBE.,'RTS, SECEONDE.,'D BY CLMN, DIETRICH TO ADJOURN AT 9:45PM RESPECTFULLY SUBMI.TTEE6: JOAN BABBITT, TOWN CLERK 4 1 • I • TDx N (�F DANBY TOWN BOARD MINUTES SEPTEMBER 14, 1987 PRESENT: RIC DIETRI.CH DOROTHY ROBERTS JUDY TACLIAVENTO DONALD BURDICK ABSENT: ED SHAY COUNCILMAN COUNCILWOMAN COUNCILWOMAN SUPERVISOR COUNCILMAN OTHERS PRESENT: ROY CASTERLINE, MARY CASTERLI.NE, PAM CLERMONT, PH 71E CODDINCTON, DON GRAHAM, JOEL GAGNON, JIM HOVANEC, MARCE: HOVANEC, GAIL MILLER, FRANK PROTO, DONNA INMAN, RICHARD MARISA, WALTER SCZEPANSKI, CAROL SCZE?PANSKI, BILL PRE .DEs'RICKS, EDWARD ROBERTS, PAUL DECKER, DONNA DECKER, SARAH HASTINGS, MARY LEE, ERIC CLF.VE,'LAND, LOIS JOANNE: NE:WMAN, LINDA HOWE, E.B. WRIGHT, ROBERT ELLIS, EUGENE HARTQUIST, ALBERT SHEPH.ARDSON, RHETA SHEPHARD.SON, ROBIN GAV.IN, TOM CAVIN, LARRY WALKER, LORAIN BARD, T.J. GRADY, BETSY KRAMER, WILLIAM KELLY, JIM ME-.'YEiRS, ANNE CLAVEL, ROBERT OWEN.S ROE AND OTHERS RECORDING SECRETARY: JOAN BABBITT, TOWN CLERK APPROVAL OF MINUTE'S ----------------------- A MOTION WAS MADE BY CLMN. ROBERTS, SECONDED BY CLMN, DIES "TRI-CH THAT THIS' MINUTES OF THE AUGUST 10, 1987 MEETING BE ACCEPTED, ADOPTED DIETRI.CH, ROBERTS, TAGLIAVENTO, BURDICK A8SEN7' SHAY COMMUNICATIONS: TOWN CLERK READ LETTERS FROM N.YSDO.T RE: .STATE HIGHWAYS 8155 and 5567 LETTER FROM JULIA HUGHES RE.,': HOUSE. NUMBER LETTER FROM TRUE, WALSH & MI.LLf.R, SIGNED BY JOHN MOSS HINCHCLIFF RE: PET CEMEiTARY UTTER FROM MILTON TODD RE: REQUEST FOR PERMISSION TO ATTEND JUSTICE SCHOOL, 1014 -7187, E..'LLE:'NVILLE,NY PRI.VILIGE OF Ttlbi' FLOOR FRANK PROTO REPORTED THAT HE WAS VERY MUCH IN FAVOR OF MORE ROAD PATROL, NEEDS COUNTY APPROVAL TO ADD 9 MORE PATROLMAN. THANKED THE TOWN FOR THE - ?IR HELP. REPORTED ON ASSIGNED COUNCIL, HIS DISAPOINTMENT OF THE AGRIC "UL TURfs 8 YEAR R1.4,1 VIEW NOT IN THE DANBY AREA NEWS. REPORTED ON LANDFILL AND ASK THE TOWN TO GO OVER THEIR ZONING ORDINANCES CAREFULLY, WARNED OF PRIVATE INDIVIDUAL CORP. MOVXNG IN AND PUTTING IN LANDFILL. LAND.STROM BRINGING HIS LAND UP TO .SPE:CS, SO THAT THEY MAY HAVE PO TES? HI.S SIGHT'. IF DANBY NOT INTERESTED IN HAVING ANOTHfiR LANDFILL ACT NOW NOT LATER, PUT CONCERNS IN WRITING 1'0 FRANK PROTO. WILL .SEND LETTER FROM SOLID WASTE.' INDUSTRIES TO TOWN CLERK, SECOND PHASE: OF HIS REPORT SHOULD BE-,' DONE BY END OE' SEPTEMBER OR THE FIRST OF OCTOBER TO TAKE TO THE COUNTY BOARD, COUNTY HAS A TRUMP CARD OF RIGHT OF EMINENT DOMAIN, WILLING- SELLER, PRIVATE FIRMS DON'T HAVE THAT. a fY THE RF'GULAR MEETING OF THE TOWN BOARD OF THE TOWN OF DANBY HELD SEPTEMBER 14, 1987, AT THE DANBY TOWN HALT„ 1830 DANBY ROAD, DANBY, N.Y. WAS CALLED TO ORDER BY . SUPERVISOR DONALD BURDICK AT 8:00PM. PLEDGE OF ALLI.ACANCE: LED BY SUPERVISOR BURDICK. PRESENT: RIC DIETRI.CH DOROTHY ROBERTS JUDY TACLIAVENTO DONALD BURDICK ABSENT: ED SHAY COUNCILMAN COUNCILWOMAN COUNCILWOMAN SUPERVISOR COUNCILMAN OTHERS PRESENT: ROY CASTERLINE, MARY CASTERLI.NE, PAM CLERMONT, PH 71E CODDINCTON, DON GRAHAM, JOEL GAGNON, JIM HOVANEC, MARCE: HOVANEC, GAIL MILLER, FRANK PROTO, DONNA INMAN, RICHARD MARISA, WALTER SCZEPANSKI, CAROL SCZE?PANSKI, BILL PRE .DEs'RICKS, EDWARD ROBERTS, PAUL DECKER, DONNA DECKER, SARAH HASTINGS, MARY LEE, ERIC CLF.VE,'LAND, LOIS JOANNE: NE:WMAN, LINDA HOWE, E.B. WRIGHT, ROBERT ELLIS, EUGENE HARTQUIST, ALBERT SHEPH.ARDSON, RHETA SHEPHARD.SON, ROBIN GAV.IN, TOM CAVIN, LARRY WALKER, LORAIN BARD, T.J. GRADY, BETSY KRAMER, WILLIAM KELLY, JIM ME-.'YEiRS, ANNE CLAVEL, ROBERT OWEN.S ROE AND OTHERS RECORDING SECRETARY: JOAN BABBITT, TOWN CLERK APPROVAL OF MINUTE'S ----------------------- A MOTION WAS MADE BY CLMN. ROBERTS, SECONDED BY CLMN, DIES "TRI-CH THAT THIS' MINUTES OF THE AUGUST 10, 1987 MEETING BE ACCEPTED, ADOPTED DIETRI.CH, ROBERTS, TAGLIAVENTO, BURDICK A8SEN7' SHAY COMMUNICATIONS: TOWN CLERK READ LETTERS FROM N.YSDO.T RE: .STATE HIGHWAYS 8155 and 5567 LETTER FROM JULIA HUGHES RE.,': HOUSE. NUMBER LETTER FROM TRUE, WALSH & MI.LLf.R, SIGNED BY JOHN MOSS HINCHCLIFF RE: PET CEMEiTARY UTTER FROM MILTON TODD RE: REQUEST FOR PERMISSION TO ATTEND JUSTICE SCHOOL, 1014 -7187, E..'LLE:'NVILLE,NY PRI.VILIGE OF Ttlbi' FLOOR FRANK PROTO REPORTED THAT HE WAS VERY MUCH IN FAVOR OF MORE ROAD PATROL, NEEDS COUNTY APPROVAL TO ADD 9 MORE PATROLMAN. THANKED THE TOWN FOR THE - ?IR HELP. REPORTED ON ASSIGNED COUNCIL, HIS DISAPOINTMENT OF THE AGRIC "UL TURfs 8 YEAR R1.4,1 VIEW NOT IN THE DANBY AREA NEWS. REPORTED ON LANDFILL AND ASK THE TOWN TO GO OVER THEIR ZONING ORDINANCES CAREFULLY, WARNED OF PRIVATE INDIVIDUAL CORP. MOVXNG IN AND PUTTING IN LANDFILL. LAND.STROM BRINGING HIS LAND UP TO .SPE:CS, SO THAT THEY MAY HAVE PO TES? HI.S SIGHT'. IF DANBY NOT INTERESTED IN HAVING ANOTHfiR LANDFILL ACT NOW NOT LATER, PUT CONCERNS IN WRITING 1'0 FRANK PROTO. WILL .SEND LETTER FROM SOLID WASTE.' INDUSTRIES TO TOWN CLERK, SECOND PHASE: OF HIS REPORT SHOULD BE-,' DONE BY END OE' SEPTEMBER OR THE FIRST OF OCTOBER TO TAKE TO THE COUNTY BOARD, COUNTY HAS A TRUMP CARD OF RIGHT OF EMINENT DOMAIN, WILLING- SELLER, PRIVATE FIRMS DON'T HAVE THAT. a fY hh PAGE 2, DANBY -TO'.JN BOARD, SEPT, 14 , 1987 PRIVI.LI.GE OF THE FLOOR CONT'D PAUL DECKER, TOWN ROAD, ON RICHARD MARLS AGENDA FOR OL DISCUSSION OF BUILDING PERMIT, OLD THE AGENDA FOR OLD BUSINESS, A, DISCUSSION OF PET CHMETARY, ON D BUSINESS. COMMITTEE; REPORTS -- - - - - -- - - - -- EMC NO REPORT COMMUNIT_.Y_COUNCIL_ NO REPORT HIGHWAY PETE CODDINGTON REPORTED THE USUAL THING, — DITCHES, GRAVEL AND PIPES SENIOR CITIZENS CLMN, ROBERTS REPORTED SEEING THE MARX TWAIN PLAY AND THAT A MYSTERY TRIP WAS SCHEDULED FOR SEPTEMBER 26, 1987, WILL LET US KNOW WHERE THEY WENT NEXT MONTH, ZONING NO REPORT DOG CONTROL LORAIN BARD REPORTED REGARDING BUDGET AND DOG CENSUS PLANNING BOARD DON GRAHAM REPORTED THAT THE PLANNING BOARD DID NOT MEET AT ITS REGULAR PTIME IN AUGUST, .SPECIAL MEETING LAST TUESDAY, 918187 TO REVIEW SUSAN BEENERS PUD FOR APARTMENTS ON BALD MILL ROAD, AFTER REVIEWING REVISIONS THE PLANNI.'NC BOARD RECOMMENDS TO THE TOWN BOARD THAT THE PUD BE APPROVED FOR SIX UNITS, NO MOR1.4jr THAN SIXTVHN,PE'OPLE, COPIES OF THE; RI:VISI -?D PLAN AND MAPS FOR THE BOARD. PUBLIC HF.AR_ING TO BE' HELD OCT. 12, 7PM, PRIOR TO THE' TOWN BOARD ME111TIiNG TO IiI;AR PUD, LE'TTE'RS TO BE SENT TO NE'I'GHBORS BY TOWN CLERK. BOB h, *LL,IS .RE'PORTE'D THAT HE WOULD LIKE A NEW SLUCF PIP1i 180 iJELoSO1%f ROAD, PETLs CODDINGTON TO GET NAME: AND CALL N,IM, WATER DISTRICT ROY CAS'TE'RLINE REJPORTE'D BOB MORSE HAD BNKN 7V ERE' AND TORE Illy VE;RYTIIING LIP AND ASKED PAM CLE'RMONT IF .SHE' HAD I<'EARD FROM HIM? PAM CLE'RMON'T SAID SHE WOULD. GIV114P 1-I1M A CALL. ZONING BOARD OF APPEALS FII?h; 1) I .STRICT. CLMN.- 111IIi'17RICH REPORTED THAT THEIR RE'i' ;RE..'NDUhi Wk.'N7' THROUGH AND TH:iY WILL PURCHASE NNW PUMPS; �?S, C0D:')INC'11O.N ROAD AND NE:W PL'MPIiR.S ON T'l;L' BALLOT`., BOTH TTi;M.S At'PRCVE'G. CODDINGTON ROAD CONTRAC ED OUT 710 BROOK'TONDALE'. COUNTY YOUTH NO REPORT CLMN. DIE`PRICH RE,;3ORT1 .4;D THAT THE; JUNK LAW IS IN EFFECT AND THAT PAUL IIARDESTY HAS 'GRL-'"D TO HAUL., JUNK CARS AWAY AT NO COST, BILL F, f.: PTJ`P E'R.E'DERTCKS UP ON B:1LD A.SICED H.TI.'.T. FOR ROAD, NO PARKING NOI.tiE: AND SIGA1S TO TRACTOR TRAILER I'R;JCKS, SUPE'R'VISOR BURDICK SATE) HE; WOULD ASK THE. ZONING OPP-TCEl2 TO LOOK IN4'O THE PROBLEM. o OLD BUSINESS C METARY, ,SUPE.,'RVI SOR BURDIClC RE'CO.vfHIj*Nf }!'D 1''HA'f' TH,';; BOARD SEND THE PI.iT PUD BACK PT,AIvN.TNG BOARD, DU1s TO THE QUEST.TONS 8STN0 RAI>1:'D 'TINE T, E:71 7'l;'R FROM '1'IiE; LAWYERS ltil9'11 THE PI''I''rTION FIND ASK BOB DIJTCHER 7'O GIVii; U` ALO7' MORE DETAIL, OAT THE' PRO31?C77 , :PILE T, AND AND I::TC 1? EC0ML1EiJDE;D THAT WE INVO(..VE.' HI-,'R8 ENGMAN OF' THE DEC SO THAT Wii FIND OUT IF ANY WETLANDS ARE INVOLVED, DONAI',D GRAHAM SAID THAT T11E" PET CE;METARY WAS NOT IN WE'T LANDS AND "'ILLY HAVE REVIEWED MR. ivf ARI:SA'S LETTER AND NO'T'HING WOULD CHANGE HIS OPINION AT THIS TIME, AFTE;R I:F,NCHTY DISCUSSION DON GRAHAM RECOMMEDF.D TH:,1T ANOTHER PUBLIC HE:.ARINC BE III•:T,D ALLOWING R1iSIDENT'S OE' STILAN' MILL ROAD TO VOICE THEIR 0tOIi.'I.'O:N. a El A 1 C] • 1 PAGE. 31 DANBY TOWN BOARD MINUTES, SEPTEMBER 14, 1987 OLD BUSINESS CONT'D PET CEMETARY A MOTION WAS MADE BY CLMN. ROBERTS, SECONDED BY CLMN, TAGLIAVIsNT'O THAT A PUBLIC HEARING BE HELD ON THE PITT CEMETARY ON THURSDAY; OCTOBER lst_, 1987 AT 8:00 PM, NOTIFY ROBERT DUTCHER AND THE NEIGHBORS OF' STEAM MILL, ROAD, HOVANEC PUD CLMN, DIETRICH RECOMMENDED TO THE TOWN BOARD THAT THEY CONSIDER TO CHANGE..' RESOLUTION 11 21t OF THE PUD FOR HOVANE..'C AND GO AHEAD AND GRANT BUILDING PERMITS CONTINGENT UPON APPROVAL OF TOWN ATTORNEY. AFTER DISCUSSION CLMN, DIETRICH ASKED PAM CLERMONT TOWN ATTORNEY TO EXPLAIN CONTRACT WITH HOVANE'C, PAM CLL:RMONT EXPLAINED THAT THE TOWN AND THE NOVANECS PROPOSED TO ENTER A CONTRACT THAT WOULD BE BINDING, THAT IS REALLY AN AMENDMENT OF TE1E' PUD THAT THE RESOLUTION WOULD NOW BE PASSED TO APPROVE; THE; PUD AS A FINAL DEVELOPMENT DISTRICT AND WE' WOULD ISSUE BUILDING PERMITS, SECOND POINT WE WOULD SUB — CONTRACT THE COST OF REPAIRING THE ROAD WITH THE HOVANE ;CS TO BRING IT UP TO TOWN SATIS- FAC'1'ION TO GET FIRE TRUCKS, EMERGENCY VEHICLES, AND SNOW PLOWS IN 44ND OUT OF THE PUD EVEN DURING CONSTRUCTION, NO ONE WOULD BE LIVING THERE YE.'T, HOVANEC'S WOULD TAKE THE RISK OF THE COST OF THE ROAD IN CASE.,' OF AN ADVERSE DECISION, WE ARE SUB- CONTRACTING TO THEM SIT ZERO COST TO US, A POSITIVE DECISION, WE WOULD :ThIPROVE FUTEIE'R DOWN THE ROAD. HOVANEC'.S WOULD E'XE.'CUTE(AS PART OF CONTRACT) A HOLD HARMLESS AGREEMENT CONCERNING ANY INJURY ON THE ROAD OR ANYONE..' GOING TO OR FROM THEIR PROPERTY, BASICALLY WE ARE SAYING H42VANEC 17' IS YOUR DEVELOPMliNT YOU TAKE THE RISK OF COST, WE ARE TAKING THE' RISK OF LEGAL .SUIT TURNING OUT, BECAUSE WE ARE STILL INVOLVED, OUR POSITION THAT IT IS A TOWN ROAD. HOVANEC WILL DEVELOP ANY ALTERNATE,' ROUTi TO PUD, SHOULD T1114 R BE AN ADVERSE; DECISION AT HIS OWN COST, NO COST TO THE TOWN, Y.OVANE ;C WILL NOT ASK FOR ANY CERTIFICATE OF OCCUPANCY UNTIL: 1. THE LAWSUIT HAS BEEN FAVORABLE DECIDED IN OUR FAVOR 2, ALTERNATE BUIi T TO TOWN SPECIFICATIONS. MRS, WRIGHT ASKED HOW WIDE ROAD WILL BE? 50 FOOT RIDE.,' —A —WAY, WIDI.NG BELOW 'Pf11s CONTESTED LAND, STICKING TO THE T'E'RMS OF THE COURT ORDER, RESOLUTION N, 3 A A P R R T Ti MEND RESOLUTION 1121 HOVAN1iC) GIVING FINAL, PPROVAL TO THE PREVIOUS UD WITH NO CONTINGENCY, E.SOLUTI.ON CHANGE TO F;AD CONTINGENT UPON INAL, APPROVAL OF THE li'RMS AGREED ON BY TOWN TTO,RNE1'. CLMN, DIETRICH MOVED TO APPROVE, SECONDED BY CLMN, B F.,' R T S ROBERTS. ROLL CALL DIETRICH AYE ------ - - - - -R O B F.,' R T S AYE TAGLIAVENTO AYE• BURDICK AYE ABSENT SHAD' �3 PAGE -41 DANBY TOWN BOARD MINUTES, SEPTEMBER 14, 1987 OLD BUSINESS CO,NT'D DOG CENSUS TABLED UNTIL MORE INFORMATION OBTAINED NEW BUSINESS PUD DIETRICH FOR LIKE AL SHEPHARDSON REFER FOR A WESTERN THIS COUNTY SHOP, READ ON BY LANDFILL IMPACT SUPERVISOR AND MEET WITH BURDICK, DISCUSSED, COME UP WITH RECOMM- THEN TURNED IF LANDFILL OVER 710 THE PLANNING .PAYMENT BOARD CHAIRMAN FOR DON GRAHAM, HIGHWAY TOWN CLERK READ, TOWN BOARD MET TO OPEN BIDS AND ACCEPTED A BID FROM ATLAS FENCE IN THE AMOUNT OF $7,970,00, BOARD MOVED TO ACCE'P'T THIS BID ON APPROVAL FROM THE TOWN ATTORNEY. CLMN, DIETRICH WOULD LIKE TO REFER TO THE PLANNING BOARD THIS COUNTY PROPOSAL SHAY-. ON THE LANDFILL IMPACT OFFSET AND MEET WITH THEM TO COME UP WITH RECOMM- E'NDAT.ION.S IF LANDFILL COMES TO DANBY. APPROVAL OF WARRANTS A MOTION WAS MADE BY CLMN, TAG BY CLMN, ROBERTS TO APPROVE PA FUND WARRANT # 91 TOTALING $2, LIAVENTO, SECONDED YMi.iNT FOR THE GENERAL 912.72 - - - - - -- ADOPTED: MOTION DIETRICH, ROBERTS, TAGLIAVENTO, BURDICK ABSENT: ROBERTS, TAGLIAVENTO, BURDICK ABSENT: SHAY A MOTION WAS MADE ROBERTS, TAGLIAVENTO, BURDICK ABSENT: BY CLMN.•ROBE'RTS, SHAY-. SECONDED BY CLMN. DI.E'TRi:CH TO APPROVE: .PAYMENT FOR HIGHWAY FUND WARRANT ----------------------- # 9, TOTALING $29,642.38 ADOP7'ED: DIETRICH, ROBERTS, TAGLIAVENTO, BURDICK ABSENT: SHAY A MOTION WAS MADE BY CLMN, DIETRICH., S1•;CONDE'D BY CLMN. ROBERTS TO APPROVE PAYMENT FOR THE WEST DANBY WATER DISTRICT WARRANT b 91 TOTALING $115.75 — ADOPT'E'D: DLE.,'TRICH, ROBERTS, TAGLIAVENTO, BURDICK ABSENT: SHAY APPROVAL OF SUPNRVISOR'S .REPORT A MOTION WAS MADE BY CLMN. ROBERTS, SECONDED BY CLMN. TACLIAVENTO TO ACCEPT THE SUPERVISOR'S REPORT AS PRh;.Sc;NTED. ADOPTED: DIETRICH, ROBERTS, TAGLIAVENTO, BURDICK ABSENT: SHAY-. ADJOURN: A MOTION WAS MADE BY CLMN. ROBERTS, SHCEONDED BY CLMN. DIETRICH 710 ADJOURN AT 9:45PM RESPECTFULLY SUBP9ITTE'L�: JOAN BABBI.T7', TOWN CLERK 1 J TOWN OF DANBY SPECIAL MEETING .SEPTEMBER 14, 1987 SEALED BIDS FOR FENCE A SPECIAL BURDICK MEETING RIC WAS CALLED TO ORDER AT COUNCILWOMAN 7:10 PM, BY SUPERVISOR DONALD COUNCILWOMAN BURDICK TO OPEN SEALED BIDS ON CHAIN COUNCILMAN LENGTH FENCE, PRE'SE'NT: DONALD BURDICK SUPERVISOR RIC DIETRICH COUNCILMAN DOROTHY ROBERTS COUNCILWOMAN JULIA TAGLIAVENTO COUNCILWOMAN ABSENT: ED SHAY COUNCILMAN RECORDING SECRETARY: JOAN BABBIT, TOWN CLERK CLMN, TAGLIAVENTO OPENED BID FROM ATLAS FENCE COMPANY, EAST SYRACUSE, N.Y. AMOUNT: $7,970.00 THE JNLY BID RECIEVED. SUPERVISOR BURDICK MOVED, CLMN BID FROM ATLAS FENCE COMPANY. RESOLUTION # 30 ROLL CALL: DI.E'TRICH ROBERTS TAGL, I. AVENTO BURDICK ABSENT: SHAY RESPECTFULLY SUBMITTED, li rA- f� •C- �• ' 0 JOAN BABBITT, TOWN CLERK ROBERTS SECONDED, TO ACCEPT ACCEPT SEALED BID FROM ATLAS FENCE CO. AS SUBMITTED AYE AYE AYE AYE 4 :,