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HomeMy WebLinkAbout1967-10-05 TOWN OF DANBY TOWN BOARD MINUTES October 5 , 1967 The regular meeting of the Town Board of the Town of Danby was held at the Town Hall , Thursday , 8 : 00 P . M . , October 5 , 1967 . Board Members present : Supervisor James H . Cortright , Councilmen Donald Makie and Donald Barber and Justices Moses Peter and Floyd Dorn . Others present : Highway Superintendent Chaffee , Zoning Officer Hatfield , Planning Board Chairman Joe Short , Appeals Board Chairman Gordon Roberts and George Clarkson , Gould Colman , Alfred Schoneman , Ralph Wilbur , Donald Carroll , Dick Olson , Mr . and Mrs . Arvo Hautala , • Mr . and Mrs . Dick Hautala , Esther Eckert , Betty Melchen , John Myers , Francis Wright , and Marge Epp . Minutes of the September meeting were read and approved with the following correction : Under last item of Old Business : Recreation Land -- Peter was not asked to look into matter of an appraisal, on the Wesley Locke property , instead Supervisor Cortright . COMMUNICATIONS 1 . Department of Public Works re : Highway Projects to be improved under the Town Highway Improvement Program for the year 1968 . 2 , Notice of Cancellation of Designation of Restricted Highway- - Route 96B . 3 . From Dr . Bryce , President of the Danby Community Council request - ing definite statements from the Town Board regarding Youth Budget and Operation of Town Hall . 4 . Minutes of the Danby Planning Board meeting of August 28 , 1967 . 5 . •From Department of Audit and_ Control re : Education Law , Section 363 : A town may not provide bus transportation to and from school for children who are residents of the town when the school district is not required to provide suoh transporta - tion and does not so provide . 6 . From Ben Boynton Real Estate re : Wesley Locke property appraisal on Bald Hill Road , 7 . Memo on financing the purchase of voting machines in New York State . 8 . From Ronald H . Laberge , Consulting Civil & Sanitary Engineer in Albany re : Park & Recreation Development , 9 . From Attorney Robert J . Clune re : Landfill Problem , 10 . From George Peter - protesting taxes he pays on property in South Danby and poor condition of Fisher- : Settlement Road , Supervisor Cortright introduced Robert J . Clune , member of the firm of Thaler & Thaler Attorneys , as attorney for the Town of Danby and who will be present at all future Town Board meetings . PRIVILEGE OF FLOOR None from the Board . Supervisor Cortright introduced Attorney Edward P . Abbott appearing with letter on behalf of several residents of Nelson and Hornbrook Road , " urging the Danby Town Board not to proceed with plans of making land in question a dum site " . Supervisor Cortright referred Mr . Abbott ' s letter to Vase newly- formed Refuse Collection and Disposal Committee on the Town Board . George Clarkson commented that nothing has been done about road sign requests made in June . Community Council requests immediate action on some of them. Also share ' s with George Peter the fact that he is ashamed of the Fisher Settlement Road and that something be done before the next High School Band Camp if not before . Mr . Clarkson gave the following requests from his own personal views as a property owner : 1 . That any formal request for a Community Center be dropped for the time being . 2 . That requests for a Town Office building to cost some $ 68 , 000 . or more be withdrawn . 3 . That we think seriously of an addition to the present Town Barns and not a new one . 4 . That we proceed as soon as possible to build a much needed new Fire Station . } 08 Discussion on new fire hourse vs . new highway barns with Councilman Makie making following comments : 1 . No reason to say there is not need fora highway' barn . 2 . The highway building is not suitable for highway purposes for the same reason it is not suitable for a fire building . . 3 . Hopes that people in their anxiety to get a fire house do not run down the highway barn . 4 . No reason with the proper planning , that they can not be had in due time . • Gould Colman asked for high priority be given to getting up signs at intersections . Highway Superintendent stated with the - new signing laws , it is harder . totget signs when wanted and the County has a large area to cover . Supervisor summed up that the study done by the County Highway' Department of County and Town roads , all consideration will be given under the Uniform Traffic Code of the State of New York as regards signing of these intersections . Chaffee added that many intersections will have a " tee " or " cross " sign as State will not allow stop or yield signs • unless there is so .kmuch traffic on road to warrant . John Myers asked about changes in Committeenmong Town Board members , due to election . Supervisor replied that he appoints these committees annually at his discretion : . . REPORTS OF ` OMMITTEES Highway - Reported by Jutice Peter - none Zoning - Reported by Councilman Makie - Makie reported . Jim Lee oft the Greater Ithaca Regional Planning Board is out. of Town until Saturday . Supervisor Cortright asked Joe Short to reach Jim Lee as it is important to get the zoning map and zoning ordinance taken care of , it ' has been long overdue . Insurance 411 Reported by Justice Peter or Justice Dorn ® none Fire - Reported by Councilman Barber - none • Youth - Reported by Councilman Barber - Barber reported the Youth are working at the Town Hall . Cemetery - Reported by Justice Dorn - Dorn reported that Rick Dobson has completed work and seeded the Town Barn Cemetery . The Peter Road Cemetery has markers• set back up . Huttunen is indefinite whether he can get 'a; _ :- this cemetery seeded . Dorn is _satisfied with Dobson ' s work and Dobson will , in the spring , pick up what stones have worked up , :after the new dirt settles at Town Barn Cemetery . Discussion on completion of Peter Road Cemetery re = solved that in the future any other cemetery contracts be a formal written agreement . . Cortright wants . Mr . Huttunen approached to get a definite understanding as to whether he is or is not going to do this cemetery , and if not come to an agreement on his pay . Peter suggested that Mr . Huttunenhave the 1st option 411 to •finish the Peter Road Cemetery and if not , let it out for contract immediately because of the weather . Dorn will contact Huttunen in the morning and if necessary , get a price from Dobson re : same . Town Board unanimously agreed if necessary , to . empower Mr . Dorn to have the Attorney draw up . an agreeement to have the Peter Road Cemetery seeded . • New Committee - Supervisor Cortright announced the formation of a Refuse Collection and Disposal Committee consisting of Moses Peter as Chairman and Donald Makie the other member . • 109 TOWN BOARD MINUTES - October 5 , 1967 - continued OLD . BUSINESS . Highway Superintendent ' s Report - Chaffee reported the Special Improvement Programs finished for the year . Project 29009 is com- pleted and been inspected by the State . Progressing bn Michigan Hollow Road project and if weather permits , will finish . Presented Town Board with ' the Annual Machinery Inventory,. Chaffee reported - bucket loader is working as expected . Will take care of road name .. signs • Zoning Officer ' s Report - Hatfield presented notice given to Edward Monroe , 276 Bald Hill Road , in violation of the Junk Car Law.. • Notice was also given , as read in the September Board Meeting under Communications , to Fred Brown and . the Tompkins County Welfare Department , 1046 Coddington Road and to Floyd Nace , 2218 Danby Road , making a total of 3 ( three ) violators of the Junk Car Law . NOTICES ATTACHED HERETO AND MADE A PART THEREOF . Attorney Clune outlined procedure ,: 1 . Town Board has to call a public hearing . 2 . If violators do not appear , Town Board has the cars removed at owner ' s expense . • 3 . Recommends that the public hearing be called at same date of next Town Board meeting . . . • Planning Board - no report given , minutes of last meeting were read under Communications . Appeals Board - Chairman Gordon Roberts reported there hafleen no meeting in some time: . Has received a letter . from the zoning officer but is waiting more information . • Assessors - no one • present Jennings Pond - Supervisor Cortright reported everything in order except the fence across end of dike has not been built , no estimate from Neil Nelson but has talked with Dick Chaffee who volunteered to do the job . No objection . Removed from the agenda . Troy Road Junkyard ) Board agreed that Frank Liguori ' s statements Sanitary Landfill ) as mentioned in Ed Abbott ' s letter should be verified . West Danby Water District - Attorney Clune presented the fallowing• a. resolutions to the Town Board : ( Each read by the Clerk ) ' RESOLUTION # 10 • IN THE MATTER OF THE ESTABLISHMENT OF THE WEST DANBY WATER DISTRICT RESOLUTION # 11 AUTHORIZING THE SUPERVISOR TO HAVE PREPARED AND EXECUTED REVENUE ANTICIPATION NOTE RESOLUTION # 12 PURCHASE OF REAL PROPERTY AND GRANT OF EASEMENTS FOR AND ON BEHALF OF THE WEST DANBY WATER DISTRICT RESOLUTION # 13 AUTHORIZATION TO CONTRACT WITH THE STANDARD ENGINEERING CORPORATION , ALBANY , NEW , TO COMPLETE THE FINAL DESIGN AND SPECIFICATIONS FOR THE CON- STRUCTION OF THE PUBLIC WATER SUPPLY SYSTEM WITHIN THE WEST DANBY WATER DISTRICT FOR SUBMISSION TO BID RESOLUTION # 14 AUTHORIZATION FOR SUPERVISOR TO ENGAGE STANDARD ENGINEERING CORPORATION TO CONTRACT FOR THE CONS VERSION OF THE TEMPORARY WELL SITE WITHIN THE WEST DANBY WATER DISTRICT TO A PERMANENT WELL SITE AND TO CONTRACT FOR A PILOT STUDY TO DETERMINE WHAT ACTION MUST BE TAKEN FOR THE PROPER PROTECTION OF THE WATER SUPPLY AND WATER SHED FROM CONTAMINATION AND WHAT ACTION MUST BE TAKEN TO INSURE THE PROPER • 1 ` 10 TREATMENT OF SUCH SUPPLY The above resolutions were duly moved and seconded by members of the Town Board and attached hereto and made a part thereof . Attorney Clune pointed out to the Board that " the attorneys have drawn up all the closing papers between '; the. Federal Home Administration and the Town of Danby with respect to not only the. $ 94 , 000 . 00 loan that they are going to give us but also all grant papers. " " Grant papers were forwarded 2 - weeks ago to Harris - burg for any advice they might have or revisions . " "Word should be coming shortly and expect within a month that closing will be held and will have the $ 184 , 000 . 00 . " ; . Youth - Attorney Clune presented the following resolution to the Town Board : ( Read by the Clerk ) RESOLUTION # 15 LEASING TOWN HALL FOR: RECREATIONAL PURPOSES The - above resolution was duly moved and seconded by the Town Board and attached hereto and made 'a part thereof . , In connection with the above resolution , Mr . Clune presented a proposed agreement between the Town Board of the Town of Danby and The Community Council. Discussion followed on some revisions . Having Town Board passage on Resolution # 15 , empowers the - Supervisor to sign the agreement when approved by the Community Council and upon the receipt of one dollar( $ 1 . 00 ) • . Recreation Land Area - Peter moved that the consideration of any recreation land area be tabled until after the- Budget has been prepared . Seconded by • Dorn . 5 ayes ; 0 noes , carried . Sidewalk District - Attorney Clune stated the procedure would be • similar to one used for creation of the West Danby Water District . The Town Board would pass a resolution authorizing the Supervisor to contract for a preliminary study including maps , proposed cost estimates and in the resolution appropriate monies to pay for this temporary study . • Discussion - Who pays for the sidewalks ? People within the district ? This would be up to the Town to determine at a later date . Could be either way . What about state right -of-way ? To solvetthts , should ask- the State , write a letter and ask their opinion . Primary purpose is to provide a walkway for children going to school . Peter advised sending copies to various departments such as Department of Public Works , Department of Education and the Ithaca School Board . Proposed sidewalks are adjacent to Route 96B . NEW BUSINESS George Peter ' s letter - Supervisor Cortright will made an appointment with Mr . Peter . Letter of Purchase of Voting Machines - no purchase necessary . Meeting to Prepare Preliminary Budget - Justice Peter moved to schedule Monday , October 9 at 8 : 00 P . M . at the Highway Barns for the purpose of preparing the Preliminary Budge . Seconded by Barber . 5 ayes , 0 noes , carried . To Danby Town Board 111 I Notice is hereby given that a 30 day notice has been served previous to September 1 , 1967 on Edward Monroe , 276 Bald Hill Road , according to section B and C , Article ;r; of the Danby Junk Car Law enacted January 5 , 1967 . A reply has not been received and cars have not been removed from said properties. . , / // ,Q , 9ft. q , , . t; / Zoning Officer October 5 , 1967 a 1, , III To Danby Town Board Notice is hereby given that a 30 day notice has been served previous to July 20 , 1967 on Fred Brown and Tompkins County Welfare Department , 1046 Coddington Road and Floyd Nace , 2218 Danby Road , according to Section B and C , Article 3 of the Danby Junk Car Law enacted January 5 , 1967 . No reply has been received and cars have not been removed from said properties . W1441171 QI WA • / l Zoning Officer September 7 , 1967 RESOLUTION # 10 IN THE MATTER OF THE ESTABLISHMENT OF THE WEST DANBY WATER DISTRICT At a meeting of the Town Board of the Town of Danby , held at the Town Hall in the Town of Danby , Tompkins County , New York , on the 5th day of October , 1967 at 8 : 00 P . M . \� Present : James A . Cortright , Supervisor (79 L/ ;C LJI� �' `Jla- �_�c fL�UCsii ' , fC,2�: d&C . e57 llL�"?Let 7 , �iC `_ C. -a'..4�6c C c_` % �c'�lc � :- / 7?`C!O ! J cC C1 � G s` '. i ..'y>/LZ4 .cc In the Matter of the Establishment of the West Danby Water D istrict in the Town of Danby , County of Tompkins , State of New York , pursuant to Article 12 -A of the Town Law WHEREAS the Department of Audit & Control of the State of New York has granted the application of the Town Board of the Town of Danby for permission to establish the 'West Danby Water D istrict in such Town Now , on motion of Councilman ' 2- --v and , seconded by Councilman /t4/4_, , it is here ® by ORDERED that the Town Board of the Town of Danby established the West Danby Water District and the boundaries of said West Danby Water District shall be the same as set forth in the Order of the Town of Danby , Tompkins County , New York , dated June 8 , 1967 in which the time and place of a public hearing on the establishment of said District was specified . The adoption of the foregoing order was duly put to a vote , and upon roll call , the vote was as follows : James A . Cortright , Supervisor voting aye Xiten,€ i • • Sec.`ert" d i ,1-� ,°P-3 77_10.- n G' ' I/' r 1 �/ The order was thereupon declared duly adopted . D ated : , . ' e >>_ 6 / 947 THALER A THALER TORNEYS 8 COUNSELLORS 09 NORTH TIOGA STREET ITHACA, NEW YORK RESOLUTION # 11 RESOLUTION AUTHORIZING SUPERVISOR TO HAVE PREPARED AND EXECUTED REVENUE ANTICIPATION NOTE RESOL ?AA : That the Supervisor of the Town of Danby , Tompkins County , New York , James Ho Cortright , be and hereby is authorized and directed to cause the preparation of a " Revenue Anticipation Note " by the attorneys for the Town of Danby , Thaler & Thaler , in favor of the Tompkins County Trust Company in the amount of Thirty Thousand Dollars ( $ 30 , 000 . 00 ) for a period of one ( 1 ) year at an and one. half ( J ) interest rate of three /percent f)e per annum , such revenue being derived from the proceeds of a grant from the United. States of America for the construction of a water district in West Danby , New York , as approved by the Department of Agriculture , Farmers Home Administration on May 10 , 1966 , and that said Supervisor is authorized to execute said note . Moved by : ne_c/ Z Seconded by : i-J� Aye s 4J / 7y1-ea , /tea ® , itJ ,.4.- Nays : o Motion Carried . . THALER & THALER ATTORNEYS & COUNSELLORS 309 NORTH TIOGA STREET ITHACA, NEW YORK RESOLUTION NO . 12 PURCHASE OF REAL PROPERTY AND GRANT OF EASEMENTS FOR AND ON BEHALF OF THE WEST DANBY WATER DISTRICT WHEREAS , the several members of the Danby Town Board at a regu - lar Town Board Meeting held at the Danby Town Hall , Town of Danby , Tompkins County , New York , on the 5th day of October , 1967 RESOLVED , the Supervisor of the Town of Danby is hereby author - ized and directed through the Town of Danby Attorneys , Thaler & Thaler , to enter in to negotiations for the purchase of property from Ethel M . Swartwood at the well site and tank site for the West Danby water system and to enter into negotiations with the said Swartwood for the right -of -way from the highway to said well site , and further , to enter in to negotiations with Andrew J . Reed and Ethel Swartwood for a right -of -way to and from the tank site over lands of Reed and Swart - wood , and BE IT FURTHER RESOLVED , that the Town Board must subsequently prove any and all purchases of real property and rights -of -way upon the negotiations as hereinbefore described . Moved by : . , ' . ' Ec-.. ✓ .L c-ogye ..t nttz ' Seconded : by : I ona,e. Ayes : Noes : Motion carried . Peter moved to ammend the resolution to read Effie Swartwood rather than Ethel Swartwood , wherever mentioned in resolution . Seconded by Makie . Ayes : Cortright , Makie , Barber , Dorn , Peter Noes : 0 Carried RESOLUTION NO . 13 AUTHORIZATION TO CONTRACT WITH THE STANDARD ENGINE P ING CORPORATION , ALBANY , . NEW YORK , TO COMPLETE THE FINAL DESIGN AND . SPECIFICATIONS FOR THE CONSTRUCTION OF THE PUBLIC WATER SUPPLY SYSTEM WITHIN THE WEST DANBY WATER DISTRICT FOR SUBMISSION TO BID . WHEREAS , the several members of the Danby Town Board at a regular Town Board Meeting held at the Danby Town Hall , Town of Danby , Tompkins County , New York on October 5 , 1967 , RESOLVED , that the Supervisor be and hereby is authorized and directed to engage the Standard Engineering Corporation , Albany , New York , to complete the final . design and specifications for the construction of the public water supply system within the West Danby Water District for the avowed purpose of submitting said III design and specifications for bid by contractors . Moved by : -U `ze r_ . . 1 Seconded by ; Ayes 4 '4 72- L�n% 8 &/ f 41g.JLJ Nays : 0 Motion carried . THALER & THALER ATTORNEYS & COUNSELLORS 309 NORTH TIOGA STREET ITHACA, NEW YORK RESOLUTION NO . i4 AUTHORIZATION FOR SUPERVISOR TO ENGAGE STANDARD ENGINEERING CORPORATION TO CONTRACT FOR THE CONVERSION OF THE TEMPORARY WELL SITE WITHIN THE WEST DANBY WATER DISTRICT TO A PERMANENT WELL SITE AND TO CONTRACT FOR A PILOT STUDY TO DETERMINE WHAT ACTION MUST BE TAKEN FOR THE PROPER PROTECTION OF THE. WATER SUPPLY AND WATER SHED FROM CON- TAMINATION AND WHAT ACTION MUST BE TAKEN TO INSURE THE. PROPER TREATMENT OF SUCH SUPPLY . WHEREAS , the several members of the Danby Town Board at a regular Town Board Meeting held- at the Danby Town Hall , Town of Danby , Tompkins County , New York on October 5 , 1967, RESOLVED , that the Supervisor be and hereby is authorized and directed to engage Standard Engineering Corporation , Albany , New York , to contract for the conversion of the temporary well site within the West Danby Water District to a permanent well site and IIto contract for a pilot study to determine what action must be taken for the proper protection of the water supply and water shed from contamination and what action must be taken to insure the . proper treatment of such supply . Moved by : pi:ace // a.%i . . Seconded by : //C--� - -� . Ayes d ,e ,-G a A,t's' � - Nays : . Motion carried , ' I THALER & THALER - ATTORNEYS &COUNSELLORS - 309 NORTH TIOGA STREET ITHACA. NEW YORK RESOLUTION # 15 (c/ 947) . RESOLUTION LEASING TOWN HALL - FOR RECREATIONAL PURPOSES RESOLVED , that the Town Board of the Town of Danby find and determine , and it does hereby find and determine , that the pro - posal of the Youth Recreation Committee of the Danby Community . Council to lease from the Town Of Danby , the Danby Town Hall for the price of $ 1 . 00 and other valuable consideration per annum for a fixed term of ten years , to use said Town Hall for the - purpose of youth recreation ; and be it further RESOLVED , that the said proposal of said Youth Recreation Committee of the Danby Community Council be, and the same is hereby accepted ; and be it further RESOLVED , that this Board enter into a Lease with the said Youth Recreation Committee of the Danby Community Council leasing the said Danby Town Hall , in accordance with the aforesaid terms , at the rental mentioned , which said lease shall be in a form satisfactory to the Town Attorney ; and be it further RESOLVED , that the said proposal of the Youth Recreation Committee of the Danby Community Council be and the same is here - by accepted by the Board ; and be it further RESOLVED , that this Board enter into a lease on behalf of the Town of Danby with the said Recreation Committee for the Lease of the Danby Town Hall , upon the terms and conditions men - tioned in the proposal of said Committee ; which said contract shall be in a form satisfactory to the Town Attorney ; and be it further RESOLVED , that this resolution be and the same is hereby subject to a permissive referendum . The adoption of the foregoing resolution was duly put to a vote , and upon role call , the vote was as follows ::- " nei-c-c-ce. / " a`7r .cam A.A-44 dreirr.,,r aL fi_f - �c� -2.._ a ,, ..5...- THALER & THALER . " 4 �� . TTORNEYS & COUNSELLORS 6 -- e, �t> -P - 309 NORTH TIOGA STREET ,.�' .y��t�t..�. ITHACA, NEW YORK (j'1--0[-- r - 2s The resolution was thereupon declared duly adopted . ter' Dated : / 7 THALER & THALER TORNEYS 8 COUNSELLORS 09 NORTH TIOGA STREET ITHACA, NEW YORK fir TOWN BOARD MINUTES - October 5 , 1967 - continued Dr . Bryce ' s Letter - Discussion The amount of money in the 1968 Budget at the disposal of the Community Council for youth purposes depends on the budget . It is for only current expenses . Town will pay the bills and do all bookkeepting . What :, renovations are going to be paid by the Town? ? Heat . What renovations are Community Council problems ? Except heat . All donations . All current or maintenance expenses are from the Youth Budget . Town will pay fire and liability insurance coverage . There will be a lease , Letter to Planning Board Chairman Joe Short from Ernest J . Cole • regarding sanitary landfill with following advantages and disadvantages . Advantages : Low initial investment in land . Reduces collection costs . Accepts most refuse except very large items such as trees , autos , refrigerators , etc . Reclaims some sub-marginal lands for future use . QuiOk establishment . Variety of locations may be available . If properly managed , acceptable to neighbors Avoids air pollution , no burning . Controls insects and rodents . Disaadvantages : Suitable land not always available . Fill may be unsuitable to carry heavy loads following landfill used . Possible water contamination through seepage . Some areas do not have readily available soil for covering landfill . There is some settlement of landfill over a period of years . There may be some gas problems from landfills . Public Hearing on Junk Cars - Peter moved that a hearing be set for 7 : 30 P . M . November 9 , 1967 , to handle the matter of the violations of the Junk Car Law . Seconded by Barber . 5 ayes , 0 noes , carried . Budget estimates were presented to the Town Board for viewing . Councilman Makie asked for a five -minute recess to discuss the new committee with Mr . Peter . Supervisor Cortright declared a five -minute recess at 10 : 35 P . M . Makie reported that a meeting with the Denby Planning Board and Town Board will be called to discuss Refuse Collection and Disposal . General Fund Bills - Discussion of paying Constables ' bills . Peter moved to pay General Fund Bills # 115 through # 129 as listed on Warrant # 10 totalling $ 1 , 563 . 78 . Seconded by Dorn . 5 ayes , 0 noes , carried . • Highway Fund Bills - Makie moved to pay Highway Fund Bills # 89 through # 98 as listed on Warrant # 10 totalling $ 5 , 401017 . Seconded by Peter . 5 ayes , 0 noes , carried . Supervisor ' s Report - Peter moved to accept the Supervisor ' s Report . Seconded by Dorn . 4 ayes , 0 noes , carried . Meeting adjourned at 11 : 00 P . M . Respectfully submitted , 2)--/ Dorothy l' o erts , Clerk