HomeMy WebLinkAbout1968-03-11 131
TOWN OF DANBY
TOWN BOARD MINUTES
March 11 , 1968
The regular meeting of the Town Board of the Town of Danby was
held at the Danby Town Hall , Monday , March 11 , 1968 at 8 : 00 P . M .
Board Members Present : Supervisor James H . - Cortright , Justices
Floyd Dorn and Moses Peter , Councilmen
Donald Makie and Francis Wright .
Also Present : Zoning Officer Hatfield, Planning Board Chairman
Joseph Short and members Bryce , Weitzel , Muzzy ,
Arsenault and Epp . Also Mr . and Mrs . Alfred
Schoneman , Mrs . Dawson , Mrs . Webber , Mr . and Mrs .
Walter Eckert , Mcs . Richard Hautala , Mks . Arvo
Hautala , Don Carroll , John Myers , Ralph Wilbur ,
Jim Epp , Roland Bodes .
West Danby residents : Harold Cook , Roy Casterline ,
Mrs . Vera Wright , Shirley Wright .
Supervisor Cortright called the meeting to order . Minutes of
the February meeting were read and approved as corrected .
COMMUNICATIONS
1 . From Tompkins County Tax Coordinator re : property values .
12 . Request for copy of Danby Planning Assistance Program from
Syracuse University Senior Class .
3 . Resignation submitted by Town Justice Moses Peter .
4 . Letter from Danby Planning Board re : Surface sewage from
property next to the Town Hall .
5 . From Tompkins County Cooperative Extension Agent re : Resource
Management Seminar Series .
6 . Notice of Tentative Equalization Rate .
PRIVILEGE OF FLOOR
Supervisor corrected with the Ithaca Journal reporter , Sue
Strandberg and the people present , the article which was published
in reference to the offer made to the Swartwood Estate as being
$55 , 000 . 00 which is not the case but $ 5 . 5000 . 00
Supervisor Cortright declared a recess at 8 : 45 P . M . and
introduced Robert Bartholf and Joseph Petricola of Autosalvage
of Ithaca , who presented their plans for operation of their business
in Danby .
Meeting called back to order at 9 : 40 P . M .
Justice Moses Peter asked that the Clerk read excerpts from
the minutes of previous board meetings related to the gas franchise
asked by the New York State Electric and Gas some years ago .
S Meeting dates were September 6 , 1962 , September 27 , 1962 ,
er 4 , 1962 and October 10 , 1962 .
Justice Peter pointed out that these excerpts are all that
exist in the Town Board Minutes during that periof of time . Reason
for having these read is to clear up some misunderstandings and
accusations .
Peter pointed out that the New York State Electric and Gas
had asked for a franchise to service one short - term tenant , Mr .
Robert Gallup who was living in *a home on Ridgecrest Road . For
one tenant they wanted a franchise for the entire township , basically
the reason for denying the franchise . At the same tiem , there was
promise to conduct a survey in the Town and did not , even when the
new school was built . Now , this past month , have come to the Town
with a proposal and asking for a franchise to serve a fair portion
of the Town and it is natural that the entire Board and everyone
present is in favor of this .
Justice Floyd Dorn stated that the Clerk had turned over a
list of 38 delinquent dog owners .
138.
$EPO RTS OF COMMITTEES
Highway - Reported by Justice Peter - Peter reviewed a plan
prepared by Ted Merritt of the Prudential Insurance Co .
providing the Town Highway Employees with a combination
life insurance protection plan and retirement income
plan . Each Board member given a copy for their considera-
tion . Peter is in favor of this program and at the
present , all but one of the highway employees has agreed
to - accept this in lieu of a salary increase for next
year .
Supervisor Cortright asked that this be held in
committee until Mr . Merritt completes discussion with
employees .
Zoning - Reported by Councilman Makie - Makie reported talking
with Attorney Thaler who has gone over the zoning
ordinance , all changes been made , and the zoning
ordinance forms would be ' submitted this evening , for
approval . Makie read a letter from Manley Thaler of
the procedure - which must be conformed to in order to
comply with Town Law concerning the adoption of the
amended zoning ordinance .
Makie believes that the map must have certain
things written on it . Cortright added that any town
that is zoned that we border must be notified of our
changes .
Also get a form for what should be on the map .
Board should think about adopting or wait for Auto -
salvage .
Fire - Reported by Councilman Wright - Wright stated that
March 12th from 6P . M . - 10P . M . the Fire Commissioners '
proposed referendum to be voted upon and asked all to
- cast their vote .
Cemeteries - Reported by Justice Dorn - nothing to report .
Youth - Reported by Councilman Makie - Makie reported the new
furnace is in the Town Hall , painting done and new
ceiling being installed .
Insurance - Reported by Justice Peter - Peter covered this
under Highway Report .
Refuse Collection & Disposal - Reported by Justice Peter -
Peter ` reported he had not had the opportunity to meet .
Supervisor Cortright stated that Mr . Landstrom has
called and anxious to meet with the committee .
OLD BUSINESS
Highway Superintendent ' s Report - Chaffee absent .
Zoning Officer ' s Rep4pt - Hatfield stated that house size has
to be settled . Monthly reportrdreceived .
- Planning Board - Chairman Short has left meeting .
Appeals Board - no one present . 410
Assessors - no one present .
West Danby Water District -
Supervisor Cortright related the history of the water
-district up to the present . The effort was made to establish
a non- profit water corporation to be operated at a cost on cost
Thesis only . There was no legislation provided for this and none
forthcoming . Assemblywoman Cook was contacted many times and
came into a meeting at ' ;the Grange Hall in West Danby and pointed
out it was a lost cause . Prior `to this time , the Supervisor had
talked the possibility of the Town going into prospects of putting
in a water district in West Danby under Section 12A of Town Law .
The Town Board appeared to be agreeable , reaction favorable . An
engineer was hired to do a study and survey--Standard Engineering
of Albany- - who had done some work for group to form the non- profit
water corporation . A study and survey was completed . Several
139
Town Board Minutes - continued - March 11 , 1968
. test holes were drilled , the greatest depth about 110 feet . These
were drilled in two given areas , which according to their engineers ,
were the most likely areas to locate water , one on the Swartwood
property and on the other side of the railroad track- -at that time
the Ray Miller property- - now Clarence French . The yield was not
encouraging in any case anywhere . Being reasonably sure that there
was water , and having the benefit of one of the Town Board members ,
Donald Makie , qualified in the field of geology and soils , Don and
Jim conferred considerably and Don felt he could locate an area
where drilling could be done and yield ample water . A spot was
staked out , drilling was reluctantly done , and did pump it at
100 - gallons per minute for 24 hours straight and still had plenty
of water .
Once the source of water = was established and FHA had come
• in during the time that the . non- profit water corporation was in
the process of being formed , making it known that funds would be
available for the project , Senator Kennedy made this known through
the news media and to the Supervisor by telegram and Supervisor
Cortright signed the papers acknowledging the fact that they were
giving a $ 94 , 000 . 00 grant - in-aid and a $ 94 , 000 . 00 loan . This was
. contingent upon the formation of the district . The next step was
to have the - land surveyed . The engineering firm representative
in the area at the time was Mr . Hughes who advised the Supervisor
that Standard Engineering would take on the job of surveying to
establish the boundaries of the district . As time went - along ,
Supervisor Cortright became concerned , wrote and called , and Mr .
Hughes assured that the survey would be done . The vice -president
of Standard Engineering , after more delay , was contacted that if
they were not going to do the survey , we would . The end result
was the hiring of an engineering firm in Ithaca , Thomas G . Miller ,
who did the survey , laid - out the district and then came the process
of getting the clearance of the Water Resources Commission . A
public hearing was held in :the Town Hall , July 11 , 1967 , and we
did receive the approval of the Water Resources - Commission . At
the same time , the statistics were collected as to the ability
- - of the given area to pay off a bond- - statistics were sent to the
Department of Audit and Control with the anticipation that their
answer would be --received in a very short time . During the time
Waiting for the answer , the town attorneys were in the process
of preparing all the papers regarding preceeding a bond and the.
adoption of a - bond resolution . Imediately upon the receipt of
approval from the Department of Audit and Control , these papers
were forwarded with all the requested information to the FHA
attorneys in Harrisburg , Pennsylvania . This was in late August
or early September and the papers have been there everysince .
Our attorneys have been in touch with their offie in Ithaca and
in Syracuse . .
Supervisor Cortright finally called the FhA attorney in
Harrisburg this week and asked if there was any way to expedite
the processing of these papers . This was - on Friday and the
attorney promised to process the papers either Saturday or today .
If the attorneys do - not have the papers in a couple of days ,
Supervisor Cortright will - call again . Then we may adopt a bond
resolution and have our loan and grant - in-aid from FHA .
In the meantime , work has been progressing- - engineers have
been surveying the area as regards the pepe --where it will go ,
on which side of the road , how many taps , etc . Also taking steps
to secure the land , that is needed . At the outset of the water
district , when first engineering report was received , it was
indicated that about 42 acres of land was needed . After further
study, the engineers tell us we need 27 acres of land- -all on the
side hill in back of the Swartwood residence southwest of Maple
Avenue near the foot of the hill .
Supervisor Cortright said there is one question which has
been kicked around a lot , he has been blamed for and said possibly
- he is guilty--Do we have an option ? No , we did not have an option
on any land by reason of the fact that at the time Dick Swartwood
was alive , he said , and would have kept his word , that the Town
could have any amount of land wanted . This was taken at his word
but if Jim or Dick would have known the circumstances-- that would
have arisen , there would have been an option . But still the option
would have been only for 42 acres , only a drop in the budiket ,
compared to the amount of land needed now . After Dick ' s death ,
nit talked with his widow and she advised at the time there was
no question whatever that we could have all the land needed at a
140
. reasonable price but it would have . to go through her attorney ,
through the estate , because she did not feel capable. of dealing
in real estate under the circumstances .
- A short time ago , Jim received a letter from Mrs . Swartwood ' s
attorney , John LoPinto , pointing out that for 27 acres of wood-
land , price of $ 11 , 000 . 00 , $ 10 , 000 for the land and 31 , 000 for
the electric line which goes back .
One day last winter , Dr . Ree , LaVerne Grover and Supervisor
Cortright walked across a corner of Grover ' s land and up across
Dr . Reed ' s land back into the proposed tank site when Dr . Reed
told Jim he was perfectly agreeable that we should have a right-
of -way across this land to the tank site , that a road could be
put in temporarily to get the tank in and for the . purpose of
construction . Most recently , Jim was advised by Dr . Reed ' s
arrorney that they now want $ 5 , 000 for a right - of=way .
410
After learning of the $ 11 , 000 . 00 request for land on the
Swartwood property , there was just one alternative - -to have
an appraisal done that would meet standards as far as the use
of federal money was concerned , an appraisal that would stand
up in court , under condemnation procedures , etc .
A very comprehensive appraisal was done by an appraiser , a
figure was reached but not public at this time .
As the result of an executive session between the Town
Board , Town Attorney and the Appraiser , it was allowed to offer
Mr . LoPinto , attorney for the Swartwood estate , $ 5 , 500 ; 00 for
the line , right - of -way , and the 27 acres of land on the side
hill . This offer was turned down . Since then Supervisor
Cortright has been approached by a . person to act as intermediator ,
closely contacted with Mr . LoPinto , and believes that if a figure
is arrived , at somewhere between what they are asking and what we
are offering , this can be settled . At an executive session this
figure will be disclosed so that we may , if possible , get this
land and get the specs completed , then go to bid , so may have
this water . Supervisor Cortright said the installing of the
pipe will be the very least part of all that . has gone through .
We will have the money , regardless of what anybody has said- -
still obligated to us - -and have not paid anybody $ 30 , 000 for .
a piece of land or a test well and are paying anyone $ 55 , 000
for a piece of land . It takes time and is a ' tough road '
and disgusting but we will have the water and at a reasonable
price . Unless something drastically happens , we will have the
water before snow flies next winter " .
Councilman Makie made the motion that Supervisor Cortright
vrite to the Engineers giving us a date by which the plans will
be ready to go to bid . Seconded by Justice Peter . 5 ayes ,
0 noes , carried .
The Board discussed three things to be done : write letter :
to the engineers , set up a meeting with the attorney and find
out from FHA if they must make the final approval on the speci -
fication and how much time to be taken .
Recreation Land Adjacent
Supervisors anticipated answer not forthcoming so will re -
main on the table .
Recreation Land in West , Danby - Supervisor advises striking from 0
the agenda until such time as some other problems are
settled . Agreed . ; i
Gas Survey - no progress report at this time .
Reed Right - of &away - no report at present .
Proposed Zoning Ordinance - Board agreed to wait until Auto $
salvage has presented their plans to the various organi -
zations in the Town . -
1. 41.
Town Board Minutes - continued - March 11 , 1968
NEW BUSINESS
Equalization Rate - Supervisor Cortright discussed the tentative
equalization rate . It is 94% , a direct
result of our reappraisal . We moved up
from 47% to 94% , which is much more sensible
as far as reimbursement is concerned ° Our
state reimbursement is controlled by our
equalization rate .
Letter from the Danby Planning Board , , Supervisor Cortright
• favors Meeting the Planning Board ' s request
and would like to gettDr . Broad and Harry
Hatfield out to go over the situation . ;
Clerk to write Ronald H . Laberge to
find what he can offer as far as urban
renewal . Interested in acquiring some
property and demolishing it . What Federal
Assistance may we receive for this purpose ?
Letter from County Tax Coordinator - Supervisor Cortright will
see that John Teti gets figures of assessed
values for each Town .
Letter from County Extension Agent , Ernest Cole - Supervisor
Cortright discussed 6 seminars to be held
centered aroumd planning .
Installation of street Lights - Councilman Makie moved that six .:::
street lights be installed at the following
intersections : Nelson Road and Route 96B ,
Muzzy Road and Route 96B , Hornbrook Road and
4.oute 96B , Curtis Road and Route 96Bi South
Danby Road and Route 96B and Miller Road East
Coddington Road . Seconded by Councilman -
Wright . 4 ayes , I no , carried .
Resignation of Moses Peter - Councilman Makie made the motion
that Justice Peter ' s resignation be accepted
with regret and a vote of thanks for his
services . Unanimously agreed .
Supervisor James H . Cortright announced his resignation ,
effective date to be forthcoming .
General Fund Bills - Councilman Wright moved that General Fund
Bills # 29 through # 35 as listed on Warrant
# 3 totalling S1 , 447 . 07 be paid . Seconded
by Makie . 5 ayes , 0 noes , carried .
Highway Fund Bills - Justice Peter moved that the . Highway Fund
Bills # 24 through # 33 as listed on Warrant # 3
totalling $ 691 . 99 be paid . Seconded by Dorn .
• 5 ayes , 0 noes , carried .
Supervisor ' s Report - Councilman Makie moved to accept the
Supervisor ' s Report . Seconded by Peter .
4 ayes , 0 noes , carried .
Meeting adjourned at 11 : 30 P . M .
Respectfully submitted ,
Dorothy 'tober
ts , Clerk