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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