HomeMy WebLinkAbout1968-06-10 15T
TOWN OF DANBY :
TOWN BOARD MINUTES
June 10°, 1968
The regular meeting of the - Town Board of the Town of Danby
was held at the Danby Town Hall , Monday , June 10 , 1968 at 8 : 00 P . M .
The Supervisor had a meeting with Attorney Thaler and FHA
people regarding West Danby Water District so meeting delayed .
Board Members Present : Supervisor James H . Cortright
Councilman Donald Makie
Councilman Francis Wright
Town Justice Moses Peter
b
Town Justice Floyed Dorn
- Also- Present : Attorney Richard Thaler , Zoning Officer Hatfield ,
Highway Superintendent Chaffee , Chairman of the
Assessors Thayer , and the following : John Myers ,
Ralph Wilbur , DeForrest Koontz , Alfred Schoneman ,
Nan Webber , Bill Lehto , Paul Smith and Reginald
- Nelson . Later arrived Gould Colman .
Supervisor Cortright called the meeting to order at 8 : 45 P . M .
Minutes of the May 13th meeting were approved as submitted .
COMMUNICATIONS
1 . From Internal Revenue Servie quoting : ? Based solely on the
facts submitted , it is held that the interest on the revenue
bonds in the - amount of $ 94 , 000 . 00 to be issued by the West
Danby Water District of the Town of Danby will be excludable
from the gross income of the recipients thereof under section
103 ( a ) ( 1 ) of the Internal Revenue - Code of 1954 .
2 . Reply from Finger Lakes State Parks Commission refusing their
installing a street light for Jennings Pond .
3 . Certificate of Final Special Franchise Assessments .
4 . Tentative railroad ceilings for the - 1968 assessment roll .
5 . From Town of Danby Republican Committee re : Appointments to
fill vacancies in Town Offices .
6 . Resolution #108 from County Board of Supervisors Apportion-
ment of Mortgage Tax .
PRIVILEGE OF FLOOR
Justice Peter gave his farewell address , being his last
meeting , stating there is pending judicial business which he
will do his best to clear up before handing over to a successor
on June 30 , 1968 , Peter thanked the Board for the experience he
has had in learning a great deal in the past six years about town
government , people and the judicial procedure , Peter reminded the
Board avglin of their obligation to provide the Justice Court
facility and thanked the Board action agreeing to spend $ 284 . 15
for temporary facilities . Failure to recognize the need for
Justice Court is jeopardizing the rights of the people of the
State of New York and leaves the door wide open to abolish the
Justice Courts ' system and go to the District Courts ' system which
has been proposed - - large step towards abolishing Town Government .
Peter said he will continue hisinterest in Town affairs and
will be here as a spectator pointing out some changes coming ,
possibly taking over the Fire House .
Peter added the reimbursement to the Town of Danby averages
52 , 000 . 00 annually from Justice fees = - paying $ 2 , 400 . 00 total to
the Justices annually- -net cost to the Town for Justice service
is almost zero , and thinks if the request is made for material
and equipment , it is not out of order to grant the request .
Jutice Floyd - Dorn reported receiving 30 vilations within
the last 10 days , donw through 96B .
Councilman Makie asked Peter to make a rece ommendation headed
toward permanent facilities for Justice Court , a list of equipment
felt to be necessary . Peter will do this and will work with Dorn
and a successor .
Nothing heard from the public present .
158
REPORTS OF COMMITTEES
Highway - Reported by Peter - As regards the request for a light
at Jennings Pond , Mrs . Webber pointed out there has
_ been vandalism-- lifeguard stand knocked over and some
beer parties - -and feels a light there would prevent
rather than encourage nighttime activity . Peter agrees
we should ask the Parks Commission for permission to
erect a light - -recommending the Clerk write letter
stating reason . This to be installed at Town
expense .
In discussion with the Highway Superintendent ,
' there is need to urchase a Town pick-up truck ;
4-wheel drive , 3 /4 ton . Advises that the bid speci -
fications be written loosely enough to allow more
than one manufacturer to submit a bid . This be dis -
cussed under NEW BUSINESS .
Zoning - Reported by Makie - no report .
Fire - Councilman Wright read a communication from Realtor
John Vasse giving his appraisal of the Danby Fire
douse . Placed on file with the Town ... Clerk . To be
discussed under NEW BUSINESS .
Cemeteries - Reported by Dorn - Contract drawn up by Attorney
Thaler , between Town of Danby and Dobson to do work
on the Peter Road Cemetery for $ 1 , 000 . 00 . To be
discussed under NEW BUSINESS
Youth - Reported by Makie — Many favorable comments of the
wonderful job the Youth Program is doing which should
be directed to Mrs . Nan Webber .
Insurance - Reported by Peter - no report .
Refuse Collection & Disposal - Reported by Peter - Supervisor
and Peter contacted Mr . Mosher about some property
which Mr . Mosher is not opposed to considering an
' offer , apparently some misunderstanding when contacted
by a realtor . Mr . Mosher does not object to our
making an appraisal of the property and making _
an offer . The appraisal has been made and completed
but Mr . Mosher has not been contacted , therefore
OLD BUINESS will not be public at this time .
Highway Superintendent Chaffee has list of roads for review
by Town Board to be Erwin Projects for remaining
years . ON AGENDA . Question of when to get the
mowing started . Mower is not ready as a part needed
had to be ordered , may come in the middle of the
iweek . Will not have a man to keep on the mower
unless can hire one of the regular men on Saturdays
and asked Board approval . Board agreed that Chaffee
hire for mowing on Saturdays , which comes under
General Repairs so within the authority of the
` Highway Superintendent to employ .
Zoning Officer Hatfield reported he has investigated a lot
south of village on Rts 96B owned by John Benjamin
who has a pond and tent with U . S . Post Office mail
truck , chairs and one old car which has been there
for years and trees cut down now make this visible ,
but he is not moving any cars in . , No action required .
Planning Board Chairman - absent - NO MINUTES TO READ .
Appeals Board Chairman - absent . 410 .
Chairman of the Assessors Fred Thayer reported that Field
' Work is accomplished for the time being , tentative
roll is completed and Grievance Day is June 18 , 1968 ,
hours 2 -4 P . M and 7 = 9 P . M . In regards to Grievance
Day , Mr . Thayers wishes that the people would under-
stand it is not the assessors who actually set the
price on their property but rather that the property
' has a way of evaluating itself . The state has
regulation , the county has a formula and when the
facts of size and quality are applied within this
' framework , a price evolves .
West Danby Water District - Reported by Attorney Thaler
The bonds have been declared tax exempt . The form of the
bond has been approved and is at the printers and will have
back before the project goes to bid , June 24 , the tentative
date set by the engineers . Plans will be submitted for approval ,
i
159'
Town Board Minutes - June 10 , 1968 - continued
the bids form for approval and the specifications for approval
a on Maonday . Have indication that this approval will take no
more than one week . Tentatively , July 22 has been set up for the
closing but may be pushed to the 24th of July , depending on
documents necessary for the closing . Completed specs and plans -
were seen at Attorney Thaler ' s office this evening . The bid
opening will be held at the West Danby Grange Hall , tentatively
set for July 17 , 1968 .
Attorney Thaler advised of the following resolutions
( ex post facto ) and included in . these minutes :
RESOLUTION # 11 BE Tr RESOLVED that the Town consulting engineering
firm , The Standard Engineering Corporation , in connection
• with the West Danby Water District , is hereby authorized _
to engage the services of Mr . T . G . Miller for the
purposes of re =imapping the access road from Routes 34
and 96 to the well site and for running and marking the
north boundary line of the 27 . 6 acres of land to be
acquired . •
The above resolution made by Town Councilman
Donald Makie and seconded by the Town Magistrate Floyd
Dorn and passed unanimously by the Town Board . _
RESOLUTION # 12 BE IT RESOLVED that the Town Engineers , the
Standard Engineering Corporation , for the West Danby
Water District project are hereby authorized , pursuant
to Section B , paragraph b , page 2 of the Client -Engineer
Agreement between said engineering . corporation and the
Town of Danby , _ to complete the field surveys as provided
in the agreement of services and to proceed in accordance
with said contract in the future to complete all field
surveys contemplated by said agreement so that said
project can be brought to a conclusion .
The above resolution madeTown Councilman Donald
Makie and seconded by Town Councilman Francis Wright
and passed unanimously by the Town Board .
RESOLUTION # 13 BE IT RESOLVED that the Town Engineers , The
Standard Engineering Corporation , for the West Danby Water
District project , and pursuant to the agreement between
said engineers and the Town of Danby , are hereby authorized
as follows :
A . . To obtain a soil test at the proposed tank site .
B . To complete the well with the furnishing and
installing of the pump as per proposal previously submitted
with the guarantee of 100 gallons per minute .
C . Pursuant to the provisions of said agreement ,
to hire the necessary personnel to supervise the construc -
tion of said water system on the terms and basis esprovid.ed
in said agreeement between said engineers and the Town of
Danby .
The above resolution made by Town Councilman
Donald Makie and seconded by Town Justice Moses Peter and
passed unanimously by the Town Board .
• l/ Attorney Thaler brought the following to the Board ' s attention :
1 . Legally , should set up a Board of Commissioners , who are
taken from property owners within the Water District .
Suggests no less than three nor more than five , but not four .
2 . . In compliance with Section 215 , Town Law , that the Water Commis -
sionets meet with the Engineers and members of the Town Board
to establish rates and standards by which hook-ups will be
made and water meters hung and also that a Water Superintendent
be hired , to be the person who runs and operates the Water District ,
A petition may be made by members of the Water District for
rulings that the Water Commissioners have made , appealing to
t the Town Board . Upon petition being formally given to the
Board , a hearing will be held on all petition concerning the
rulings and regulations of the commissioners . The Town Board ,
after hearing for the purpose of listening to complaints , if
the petition should be granted , may direct the Commissioners
to make proposals or what the Town Board thinks is revocable .
The Town Board has this power and the Commissioners are obliged
to make these changes under the law .
160
3 . There is an annual election for one commissioner each year .
Thaler suggests screening applicants for a Water Superintendent ,
because . he has to start acting as soon as the pipe is in . It
is a prerequisite this person be mechanically minded as he
has to supervise the connections of • the pipe from the road
cut - in to the house and before a meter is established that
that line is secure . Also has to determine that the current
source of water is cut off and not promingled with water for
the - District . Also approve the connection of the water meter
itself . Decision as to whether this man should be the one
who installs meters , can be put off until we have the the
Board of - Commissioners . Election may be held at the time
of General Elevtion or before .
4 . Prior to closing , must have an established set of rates .
Suggests one member from the Town Board be appointed to
meet with Attorney Thaler , the engineers and the Supervisor
to make recommendations on rates , superintendent ' s salary ,
etc . the la__ st week in June .
5 . August is suggested for holding an election . A water
superintendent should be appointed as soon as possible .
6 . The Town Constable may be the one to canvass a list , made
up by the Town Assessor , of property owners residing prior
to thirty days within the District .
7 . The Town Clerk should be the person designated to accept
payment , of water bills , Bond for this - $ 10 , 000 . 00 and
charged to the District . Also need Real Estate Insurance
for replacement of the pump house . Also Liability Insurance
at least in the amount of 82500000 . 00 .
8 . Attorney Thaler recommends , instead of having a list of
. water -: users , that the Town pass a Town Ordinance that everyone
in the District be a water user . -
Councilman Ma kie moved to accept the above items presented
by Attorney Thaler to the Town Board ° Seconded by Peter .
5 ayes , 0 noes , carried .
Attorney Thaler added that within the next two weeks , the
✓ ights -of -way for the piper: for the water district will be
started and suggests that anyone who talks to people in the
area indicate to them if they do not sign the right -of -way for
$ 1 . 00 consideration , that whatever has to be done as an additional
cost , will be an additional cost on them and rest of members in
the water district .
Under Section 201 of Town Law , whenever the Town Board
shall have established a Water District , - the Town Board shall
adopt a resolution or ordinance prescribing how sewer .or::- water
connections shall be made therein . After the Board sha] have
adopted such resolution or ordinance prescribing how sewer and
water connections shall be made , the Board may adopt orders ,
from time to time , directing the owners of the respective lots
and parcels of land in front of which it is desired that a water
connection be made , to make the same to conform to such resolution
o r ordinance and specifying the time within which the samec. mustle
be done . `Before any highway in which water mains have been laid ,
shall be paved or otherwise improved , the Town Board may , in
its discretion , direct the owners of adjoining lots or parcels
o f land to make connections with such water mains , at the curb
line or at the water main if extensions to the curb line have
not been provided , under the supervision of the Town Board , and
in the - manner required by resolution or ordinance .
Thaler said it - behooves the Beard to set forth this in
an ordinance requiring everybody who has frontage , where the
water line goes , to make their tap - in on a certain day . -
Recreation Land - Reported by Attorney Thaler that he received
a letter from Mr . Pfann , Mr . Locke ' s attorney ,
stating that his client would not accept the
figure that the Town Board authorized Thaler
to offer . However , his figure has been reduced
about $ 3 , 000 . 00 - -now approximately 82 , 000 . 00
apart .
Supervisor Cortright suggested that the Committee meet
before Thaler leaves on - the offer for the Locke property and
the appraisal on Sanitary Landfill property .
• 61'
Town Board Minutes - June 10 , 1968 - continued
West Danby Recreation Land Area - Reported by Makie that he
has looked at certain property
but has not contacted the owners .
Gas Survey - Zoning Officer Hatfield reported . with Lacey of the
N . Y . S . Electric & Gas and are working on construction
costs .
Zoning Ordinance Proposed Changes - Attorney Thaler said he will
be returning Joe Short ' s call
tomorrow .
Proposed Erwin Projects - Highway Superintendent Chaffee presented
• to the Board the following roads he
recommends for Erwin Projects :
No .
Bald - Hill Rd . from County Rd . - Station Rd . 116 . 6 miles
Station Rd . 4o 1 . 32 "
Jim Brown Rd . Extension 42 . 3 "
Van Buskirk Rd . 129 . 31 "
Tupper Rd . - . 39 "
Sandbank Rd . - . 3 ,t
Updike Rd ; 6 . 77 "
Graves Rd ! or Banks Rd . 8 ® 43 It
Hill Rd . West of Curtis Rd . 30 . 7 "
Curtis Rd . , from Hill Rd . to Fishersettlement 29 21 "
Hill Rd . East from South Danby Rd . 20 ' "
Fishersettlement Rd . to County Rd . 125 - .
Peter moved that the Highway Superintendent ' s list of roads
for Erwin Projects be approved . Seconded by Wright . 5 ayes ,
0 noes , carried .
School Zone Signs - Peter reported that Zoning Officer Hatfield
made a tour some years back and gave Chaffee
a list of zoning signs . Question of whether
we really need zoning signs .
Makie advised pulling up zoning signs .
Wright moved that the Highway Superintendent purchase two
" School Zone " signs and erect them on Gunderman Road . Seconded
by Dorn . 5 ayes , 0 noes , carried .
Old School Property deeded to Fire Commissioners - Attorney
Thaler reported that there was no objection made to the sale of the
property to the Fire District so has the deed pursuant to the
authorization . SUPERVISOR SIGNED THIS AUTHORIZATION .
NEW BUSINESS
Mr . Lieberman has requested an extension of a road off the
Coddington Road . He desires to build a house on what once was
a town road but has been advised it is.:: now abandoned . Procedure
to redo an abandoned road would be by formal petition . Mr . Lieber -
man did appear at the meeting and discussed this privately with
• Attorney Thaler .
RESOLUTION # 14 PAYMENT OF WAGES -LIFEGUARD , SUMMER RECREATION
PROGRAM EMPLOYEES , AND CARETAKER ( PARK ) FISCAL
YEAR ( 1968 ) _
WHEREAS : The Town Board , Town of Danby , Tompkins County , New York
'in the process of preparing the annual budget for the
fiscal year 1968 provided funds for " Parks and. Playgrounds "
Code 17 - 602 and " Youth Recreation " Code 17 -400 and
WHEREAS : Such provisions were included in and adopted as a part
of the annual budget for the Town of Danby , Tompkins
. County , New York for the fiscal year 1968 and
WHEREAS : ' Taxes were levied and tax monies were collected for such
provisions , now therefore be it
162
RESOLVED : That wages be paid from Parks and Playgrounds Code
17 - 602 to the following individuals and at the
following rates :
1 . Michael Turco - Head Lifeguard$2 . 25 per hour
2 . Jeanne Gould- Lifeguard-$ 2 . 00 per hour
3 . Karen Bingham- Lifeguard-Swimming Instructor -
Flat $ 100 . 00 for the season .
4 . Edward Roberts - Caretaker ( Park ) $ 2 . 08 per hours
and be it further
RESOLVED : ' That wages be paid from Youth Recreation Code 17-400
to the following individuals at the following rates :
1 . Jeanne Gould -Youth Program Supervisor -4120 . 00
bi -weekly for a period of 6 weeks
2 . Michael Turco -Youth Program Instructor-$ 94 . 50
bi -weekly for a period of 6 weeks
, 3 . Karen Bingham-Youth Program Instructor-$ 94 . 50
bi -weekly for a period of 6 weeks
and be it further
RESOLVED : That payment of wages for Parks & Playgrounds and
Youth Recreation be made on a bi -weekly basis and
then only upon receipt , by the Supervisor , of a
payroll approved by the Recreation Director of the
Danby Community Council and - be it further
RESOLVED : ' That payday shall be Friday and that the pay period
dhall be from the end of the working day Thursday
through the end of the working day Thursday two weeks
hence , not -withstanding the fact that the first and
last periods of the season may be any part thereof
and be it further
RESOLVED : That the Supervisor be and hereby is authorized to
pay wages as set forth herein .
Moved by Councilman Donald Makie
Seconded by Justice Moses Peter 5 ayes , 0 noes , carried
Appointment of Election Inspectors - Makie moved to appoint the
following Election Inspectors in the Town of Danby for the
year July 1 , 1968 - June 30 , 1969
9 '
Republicans Democrats
District I District I
Mildred Weitzel Alice Swattout
Dorothy Harris Nora Boda
Oretia Fish ( Alternate ) Joan Stewart ( Alternate )
District II District II
Ethel Hunt Wilma Reed
Jennie Allick Irene Cortright
Tresa Cortright ( Alternate ) Frances Jackson ( Alternate )
410
Seconded by Peters 5 ayes , 0 noes , carried .
Jury List - Scheduled for July 15 , 1968 at 8 : 00 P . M at Town
Clerk ' s office that the assessors , town clerk
and Supervisor meet to draw up the Jury List .
Appeals Board Appointment - Peter moved to appoint Gordon
Roberts to the vacancy occurring
at the expiration of his term on
the Appeals Board from July 1 , 1968
to June 30 , 1973 . Seconded by Makie .
5 ayes , 0 noes , carried .
Planning Board Appointment - Wright moved to appoint Milton Todd
to the vacancy occurring at the ex -
piration of his term on the Planning
Board from July 1 , 1968 to June 30 ,
1975 . Seconded by Dorn . 5 ayes ,
0 noes , carried
6) 3 1
Town Board Minutes - June 10 , 1968 - cpntinued
Pick-Up Truck for Highway Department - Chaffee to contact Fire
Chief Buckley on specifications and cost prices , since
they have purchased a new truck .
Fire House Appraisal - Peter commented the appraisal a bit
unrealistic . Wright in agreement .
Since we do not know how the fire commissioners feel about
this , Councilman Wright suggested that the Town Board meet with
the Danby ' Board of Fire Commissioners Tuesday , June 18 , at 8 : 00 P . M .
attthe Fire House . -
Town Justice Vacancy - Justice to be appointed when the vacancy
occurs , therefore may be done at July • 8th
• meeting .
Cemetery Contract - Peter moved to authorize Supervisor Cortright
to sign contract between the Town of Danby
and Rick Dobson , d /b/a Dobson Enterprises .
Seconded by Makie . 5 ayes , 0 noes , carried .
General Fund Bills - Peter moved to pay General Fund . Bills # 58
through # 73 totalling X897 . 32 as listed on
Warrant # 6 . Seconded by Wright . 5 ayes ,
0 noes , carried .
Highway Fund Bills - Makie moved to pay Highway Fund Bills # 55
through # 60 totalling . 1 , 345 . 13 as listed
on Warrant # 6 . Seconded by Wright . 5 ayes ,
0 noes , carried .
Supervisor ' s Report - Peter moved to accept the Supervisor ' s
Report . Seconded by Makie . 4 ayes ,
• - 0 noes , carried . 1
Meeting adjourned at 11 : 15 P . M .
Respectfully submitted
- Dorothy Roberts , Clerk
4 .
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