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Home My WebLink About1968-10-14 182 TOWN OF DANBY TOWN BOARD MINUTES October 14 , 1968 The reguikar meeting of the Town Board of the Town of Danby was held at the Danby Town Hail , Mdnday , October 14 , 1968 at 8 : 00 P . M . Board Members Present : Supervisor James H . Cortright Councilman Donald C . Makie at 9 : 15 P . M . Councilman Ralph Wilbur Town Justice Floyd Dorn , Town Justice . A . Francis Wright Others Present : Zoning Officer Hatfield , Attorney Richard Thaler , Donald Carroll , . Brayton Paul , Mr . and Mrs . Harry Evelien , Charlotte Hautala , Dorothy 411 Everhart , Mr . and Mrs . James Epp , Robert Farrell , Moses Peter , John Myers , Alfred Schoneman , Douglas Gillogiy , Mrs . Irvina Post , Mr . and Mrs . Doyle Webber , Gould Colman , George Clarkson . Supervisor Cortright called the meeting to order . Minutes of the August 12th meeting were approved as submitted . • COMMUNICATIONS 1 .. . Planning Board Meeting of September 10 , 1968 minutes read . . 2 . Planning Board Meeting of October 9 , 1968 minutes read . 3 . From New York State Department of Transportation regarding Highway Projects for 1969 . 4 . Written request from Mr . and Mrs . Clifford DeMayo that the State Highway Department be contacted and request that a traffic counter be placed on Miller Road , East , section from Coddington Road to ' Nelson Road . LETTER REFERRED TO HIGHWAY COMMITTEE AND HIGHWAY SUPERINTENDENT FOR REPORT AT NEXT MEETING . 50 From the Tompkins County Health . .Department . regarding Refuse Disposal Areas in the State. of . New York and . to : insist on complete compliance with Part 19 of the State SanitaryCode , a copy attached . 6 . . From the Ithaca City School District regarding " School Zone Signs " On Gunderman Road . REFERRED TO HIGHWAY COMMITTEE 7 . Certificate of Insurance for Permits on State Highways . File . 8 . From State of New York Department pf Health : regarding Waste Water Utility Management Guide to assist public officials in the development of inter municipal sewerage service contract . 9 . From the State Board of Equalization and Assessment billing of taxes for statea®wned land subject to taxation and tran- sitiOn assessments on the assessment roll com pleted in 1968 . 10 . Memo on clerit reporting of delinquent dog owners PRIVILEGE OF FLOOR None from the Board . • Mr . Henry Theisen , an attorney , representing Robert Maycumber , requesting if Brown Road off Route 96B is a private road or a town road . Supervisor Cortright answered , " to the best of my knowledge , 411 it is a private road , not under the highway system . " , Mr . Theisen asked if the Town Board has any control over the use of that road , • which Supervisor answered , " certainly not " . Mrs . Marge Epp asked if anything can be done about lack of zoning enforcement . Supervisor Cortright answered that we are in the process of revising the present zoning ordinance . and would assume that steps can be taken to improve the enforcement of zoning . First , the matter would have to be thoroughly discussed between the Planning Board , Town Board. and the Zoning Officer . Mr . Peter suggested adopting a county zoning ordinance together • with a county planning board--this to be proposed to the Board of Supervisors . Supervisor Cortright will schedule a meeting . between the Town Board , ' Planning Board , Zoning Officer and Attorney Thaler . Mr . John Myers asked if possible to have the preliminary budget for 1969 published in the Danby Area News . Supervisor . answered , " yes " . 183 Town Board Minutes October 14 , 1968 Mrs . Ruth Evelien asked if anyone would be allowed to put a trailer park on Brown Road without a permit . Attorney Thaler stated , " as far as a permit is concerned , the permit gi ►es permission from the zoning officer to make sure that it complies with the use . If it is a commercial zone ; any use that fits into the definition of commercial is going to be permitted . This area is zoned commercial . Mr . Evelien said the owner had been refused to sell any more lots because of poor drainage . Thaler said not to confuse two different jurisdictions --one is the zoning office and the other is the Health Department . . Mrs . Evelien asked if these two would not work together-- to get permission from the Board of Health to put a trailer park in . Zoning Officer said there is Board of Health approval for . three hailers . Mrs . Evelien said they could not get approval for one 411 house on same property . Mrs . Evelien asked about any protection at all from a trailer park put on the end of this road ( Brown Road which is dead end ) only 24 feet wide , not taken care of by the town and in the spring is knee -deep in mud and a large trailer has gone up through which went into their ditch up on lawn and damaged flowers . Attorney Thaler asked if Evelien ' s property has a right ® of=way to their property . It sov they do have a legal civil right as to what use is made ' of Brown Road . Under the law an easement may be only used reasonably and if one feels that it is being unreasonably used and a detriment to the right one has , you may get an injunction , and enjoin them from using the road . The Town Board cannot do any- thing , since they have no jurisdiction over the road and the use of its Aa Cans land around it is concerned , since it is part of the . Town of Danby., the zoning ordinance does control - it . Supervisor Cortright advised the Eveliens to get their own attorney to research the problems they have . COMMITTEE REPORTS Highway - Reported by Councilman Wilbur - The highway Superintendent has the new 4-wheel drive pickup... Arrangements have been made for a stone crusher to crush gravel .. to . complete the Erwin Roads . . The County Highway Department. . is._ .go.ing to • rent a large stone crusher for the month of November but do not have use for it for the whole month so have made an agreeement to use it for one week . The rent will be prosrated . Chaffee has hopes of completing both jobs . Zoning - Chairman of Zoning committee absent . • Fire - Reported by Ralph Wilbur - The opening orb the bids for the new Fire House will be October 15 at 8 : 00 P . M . at the Fire House . Cemeteries on Reported by Justice Dorn - no report . Youth - Chairman of Youth committee absent . Insurance - Reported by Councilman Wilbur - Budget for 1969 shows a sposoo raise . on Liability Insurance , Refuse Collection and Disposal - Reported by Councilman Wilbur 411 ' no Report . Supervisor Cortright introduced Brayton Paul who lives in West Danby and attended the meeting in Oneida on Sanitary Landfill with. Don Makie. and Jack Cortright . Mr . Paul gave a report on this meeting . • OLD BUSINESS • Highway Superintendent absent ® no highway report . Zoning Officer reported that zoning had been discussed adequately under Privilege of Floor . . 7 Planning Board - Mrs . Epp suggested waiting until special meeting . Appeals Board ® Chairman absent . Assessors - Supervisor Cortright had a call from Chairman Thayer who is working on assessor ' s work , therefore not in attendance . 184 West Denby' Water District m Supervisor Cortright reported that most of the pipe is in the ground , poured the . footings . for the . tank , have to jack: and . bore . : through .under:. the . highway and a few . places for services .. and to connect the mains . It . . appears that water will . be in . the . pipes . the middle or last of November . Recreation. -Land _ —Supervisor . Cortright . reported . that . -negotiations are proceeding on Locke . property . Gas ® Supervisor reported someone will beat the November meeting from New York State Electric & Gas Corporation . Zoning Ordinance = Awaiting special meeting . NEW BUSINESS Public Hearing on Preliminary Budget o Town Justice Wright . moved to schedule the public • hearing on the . preliminary budget . fer61969Tit . for November 7 , 1968 at 8 : 00P . M . in the Town Hall . Seconded by Councilman Wilbur . 4 ayes , 0 noes , carried . absent , Makie Review of the Financial. Condition of the .General Fund - Supervisor Each board member was given copies tabulating . :the . present figures . in the General,.. .Fund_. .budgeta,.. _ as of September . 30 , 1968 . Supervisor Cortright . . stated. . at . this moment we do not have money enough to meet all of our obligations but we do have the potential income before the end of the year . Also pointed out the contributing factors mainly are : For.. . the .. .year 1968 , it was anticipated a $ 6 , 000 . 00 unexpended balance in the General Fund but turned out at the end of 1967 , the unexpend- ed balance to go into the year 1968 was $ 925 . 45 . The appar® ent need early in the year for a new furnace in the Town Hall at a cost of $ 1 ,185 . 00 dented us . Jennings Pond was another factor which went - quite ` a bit over the budget . Supervisor reviewed the tabulations regarding the General Fund Receipts as of September 30 , 1968 and the Expenditures as of September 30 , 1968 . - Cortright stated that we are not able to borrow any more money based on our budget requirements . The attorney checked this out with the Department of Audit and Control . The following is a breakdown where the town stands as far as receipts are concerned®® itmes where we still have money coming in : Per Capita ® $4 , 171 . 59 Interest & Penalty on Taxes - will not receive , time has gone. . by . Mortgage Tax ® . $1 , 711 . 60 Dog Licenses ® will not receive . any . money Fees of the Town Clerk = assured of : $2.7 . :75 . and may assume the next two months bringing $ 100 - . $ 150 . 410 Youth Project m will probably not receive the $982 . 54 . this year mentioned because we do not finish the youth project this year . Unexpended Balance of $ 5 , 074 . 55 definitely will not receive . Operation of the Denby School is - discontinued - as of now as far as the Town Board is concerned . The General Fund Bills . - will be paid before the end of the year . Highway Fund Bills ® Justice Dorn moved to pay the Highway Fund Bills # 96 through #104 as listed on Warrant #10 totalling $4 , 374 . 88 . Seconded by Councilman Wilbur . . 5 ayes _, 0 noes ,,. . carried 185 Town Board Minutes October 14 , 1968 Supervisor :read the Water District Bills - Councilman Wilbur moved that- the° foYlowing-°water..,_d.tstrict=" bi1,1fle. paid- : . . Cayuga- Press- 53 :64 • DorothrRobertsi. -Postage -6 . 00 - , . Securtty- Banknote-.. Company. 214 . 00 Standard° Eng -neering-- • . . . _ - • 30927 . 58 . StandardEngineering 816 . 87 Standard Engineettrjg - 632 . 47 Compagni Construction. . - 38 , 499 . 30 • Seconded.° ,.by. . . Justice• Dorn. - • Makie asked°= tf- these bills•-werrbudgeted-. .fori.n- the Water • District . Cortrgght . ,,saithacc-ord-ing .- to -the ti Information. °. he,.Y. has , • • •• these are all ' things ° that have been -ordered to: be- cdone . concerning the Water District ®call reasonable , acceptable Water District expenses-. - 5 . .ayes-, 0- ° noes ', . canted Supervisors Reports ® Wilbur moved to accept the Supervisor ' s Reports ,. . Seconded° by ° 'Wright . 4 ayes , noes , carried . Meeting adjourned at 9 : 45 P . M . Respectfully submitted , Dorothy Roberts , Clerk