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1969-02-10
204 TOWN OF DANBY PttbL ±C HEARING ON GAS FRANCHISE February 10 , 1969 The Town Board of the Town of Danby having called a public heating , notice of which was given by publication thereof in the official newspaper of said Town at least ten days before the meeting , held 'such meeting at the Danby Town Hall at 7 : 30 P . M . on February 10 , 1969 , Board Members Present : Supervisor James H . Cortright , Councilmen Donald C . Makie and Ralph Wilbur , Town Justices Floyd Dorn and A . Francis Wright , . 10 Also : Approximately 50 persons present , Mr . James Lacy and Mr , Ed Conti . Supervisor Cortright opened the public hearing introducing Mr , Lacy and Mr . Conti of the New York State Electric and Gas Corporation . The resolution to hold a public hearing having been accepted ,; the Town Board will decide whether or not to grant a franchise to the N [ . Y . S . E . &Go Supervisor Cortright asked for questions from the floor . The following statements were made by Mr . Lacy or Mr . Conti in answer to questions raised : An average figure for heating with gas as compared to oil is about 2 /3 . ! The average job for conversion would be about $ 220 . 000 Cheaper if own labor . If one converts to gasrren in the service department would convert the LP appliances at no cost to the homeowner , No cost to homeowner from within 100 feet from property line . If farther back than 100 feet = = cost depends on the revenue anticipated given the Electric and Gas . Will run free to 70 of the estimated revenue or 100 feet , whichever is cheaper to customer . Will have a 2 months reading or budget system . Electric and Gas is responsible for putting line under highways . The gas line will go up all side roads where there are enough people to justify . Will do a complete canvass on main road and side roads . Much cheaper than bulk gas . ° If a homeowner is not going to use the gas the company would rather not run services until he is ready , The company is responsible for grading the main line and putting driveways and side %ralks in same condition find it in , Hoping to get the gas line in next summer but many bridges to cross . A map was :massed around including the first 30 , 000 feet which the petitions showed , Mr . Conti will do a complete canvass on all side roads up to and including Michigan Hollow Road , An average customer is revenue around ' 210 . 00 a year . It usually takes 15 try 6 housing customers to run a mile , For the few houses which may be beyond the 1 ;ihe there is a surcharge basis , if they want the line Public Hearing closed at 8 P . M . Respectfully submitted , Dorothy Roberts , Clerk 410 205 TOWN OF DANBY TOWN BOARD MINUTES February 10 , 1969 . The regular meeting of the Town Board of the Town of Danby was held at the. Danby Town Hall , Monday , February 10 , 1969 following a public hearing , 1Board. Members , Present : Supervisor James H0 Cortright , Councilmen Donald Makie and Ralph Wilbur , Town Justices Floyd Dorn. and A0 Francis Wright . WA1.so : Attorney Richard Thaler , Chairman of Assessors . Fred _ Thayer , Leland . Buchanan , a Appeals Board Chairman Gordon Roberts , Highway Supermnten= dent Chaffee , John Myers , Edward Roberts , Alfred Schoneman9 John Brooks , Mrs , Dorothy Everhart , Mrs , Nan Webber , Walter Reimers and Gary Vincent , and Got.ld Colman , Supervisor Cortright called the Board to order along with Attarn 'Tez Mr , James Lacy and Mr . Conti to decide from the public hearing whether the Town Board wants to grant a franchise to the New York State Electric and Gas to lay , place and maintain conduits , pipes , etc09 for the transmission and distribution Of gas through , along and under the highways and other public places in the ' Town of Danby . Mr . James Lacy read the franchise . Councilman Makie moved that the Town of Danby grant a gus franchise to the New York State Electric and Gas . Seconded by Town Justice Dorn . 5 ayes , 0 noes , carried . Five copes of the gas franchise were signed by Supervisor Cortright-o Councilmen Wilbur and Makie , Justices Dorn and Wright , and Town Clerk Mrs . Dorothy Roberts , with the Town seal on each . Supervisor Cortright declared a recess while the Board go in an Exe .dutive Session on the stage with Attorney Thaler and including Nan Webber . Attorney Thaler completed the two final revision= for the . new zoning ordinance and read to the Board Article 7 Section 70802 0 Trailer Park and Section. 60303 b, Itdustria1 Establishment . ( Copy attached in Minute Book , ) Supervisor Cortright to check with the printer before setting a date for a public hearing in March . Mrs , Webber presented the Board with medical bills amounting to neatly Skoo . oo above ' what familyts insurance paid on an injury occuring at the v 1968 summer programo ‘ which the Supervisor felt the Town should pay , Wilbur thought there was need for investigation and the insurance committee is to follow this up . Supervisor Cortright called the Town Board back to its regular meeting . Minutes of the January 13 meeting were approved as submitted . COMMUNI 4TIO th } 10 No Planning Board Minutes to read , I20 From U0S1Department of Agriculture re : assistance available. in developing resources , namely Jennings Pond area . 30 From Chairman of the Assessors Fred Thayer providing an apportionment of the assessed value as shown on the 1968 assessment roll of the Town of Danby on tax map no , 18 = 1017 of $ 12 , 860 4o From State Board of Equalization ;,.". Assessment resstate equalization . rates . 50 From the Standard Engineering Corp . directing Compagni Construction to proceed with the painting of the water storage tank . 60 From the Standard Engineering Corp . that Compagni requests an extension of the completion time on their contract of 75 days , 21) 6 • ! B. OAtD: -MINUTES m " -Fe 10 , - 1969 . .° tweet #2 4 PRIVILEGE IsMingWOR, None from the Board . Mr , Leland Buchanan who lives on DePutron Road asked for a bridge on that . - road , He has ' contacted Highway Superintendent Chaffee with some misunderstand = ing .o . Chaffee ' stated to the Board there is no mosey in the budget for a bridge . .. Supervisor Cortright asked Superintende . to determine what it will cost tc® put sluiceways in on DePutron Road and obtain'the County Engineergs advise if needed , Corttight also asked Chaffee and the Highway Committee ( Wilbur and Wright ) to study this need , determine the cost , and a recommendation from the committee : as regards transfer of funds . Wilbur. said it is impossible to maintain this ' road without a bridge , COMMITTEE REPORTS Highway = Wilbur reported that brush and trees are cut on Fishersettlement Road and two or three days left on part of Hill Road , to be done. , WilDti ngs " me_t,,With Bill Scott , Jr . of Ithaca Agency and_:"rev'iewed evefy bit of highway equipmentcJanuary_ . 34 1969 , Sti11 neg:otiat-ing with Ithaca Agency . on insurance claim for damagentinhOb . Meeting scheduled for February 17 at 7030 P . M . with Ithaca Agency to settle this. claim , at Town Barns ° . Zoning. m ( Dorn ) a none . Fire . = Wilbur reported the new fire house is progressing well . Commissioners:: are after , a . change of bid from the heating contractor pertaining to gas instead of oil= fired :bollerbii Expect to install a- gas-- -.boiler ( about SLa0000 ) and truck in . gas until we get natural gas. , Cemeteries a Dorn reported Mrs . Hautalays list of names was for other cemeterl. e Around South Danby Road . Regarding map , Dobson has been called but if he has anything , it would be in his files dvwntown. o Youth m Makie ' mentioned the following names of chairmen for various groups . Center m Nan Webber , Gary Vincent , Bill and Sandy Connelly - Winter Pond = Rowland Tamblyn Cleanup G Ted Merritt Summer Playground = ;Michael Wiese Youth Planning Bill Miller Summer Pond a Gary Bourne UMDERSTI DS. SOME OF THESE .PEOPLE . ARE CHANGING., Insurance ( Wright ) = none . Supervisor Cortr^ ight. . requests that the Insurance Committee meet with Mra Sady , Metropolitan Life Insurance Co . as the . Health. Insurance for the Highway .Employees needs updatingti R! fusa. .Collection & Disposal \ = : eti11 negotiating . OLD .. .BUS INESS ' Highway . .Superintendent reported he has agreements to be signed . Zoning Officer o absent . Planning. Board m Chairman absent . Board . of Appeals a Chairman Gordon Roberts reported that Cynthia Colman would like: to be replaced on the Board of Appeals to which she also serves as Seoreta r and since . a meeting will be held this month , would . like the TownlOalOdAm appoint someone . Mr . Roberts recommendedMrs Sen ja _Para 1'ef moved that als © act as secretary . No other suggestions'. . rs , Sen3a. Radaltfet be appointed: a member . of the D.: nb Zonin g Board ' of A PP eals_ to fill the unex ired term of . Mrs f C y thia CLman.; term to expire , June 30 , 1971 . Seconded by - Wilbure ' 5 : ayes. , 0 'rtde?a, Qarried.o h i 207: TOWN BOARD MINUTES 0 tebruary 109 1969 Sheet #3 Councilman Wilbur , being on the Zonin.g , Committee9 questioned the procedure of a person obtaining . a building permit a ye.' after the building is built . Why is there no penally ? Supervisor suggested that Wilbur check this with the Zoning Officer . ( Board of Assessors - Chairman Thayer co none , West Danby Water District @ Supervisor reported that service would be in about 10 dais ,, weather permitting , Gas c7 Franchise: has been c, ranted , Zoning Ordinance Changes r covered NEW BUSINESS ; New Road Name U Wilbur moved that the road going to the water _storage tank in West Danby be named Sylvan Drive , Seconded by Makie . 5 ayes , 0 nes , carried „ Letter re : painting of water- storage tank c= Makie moved that the Compagni . Construction . Company be. ;relieved of the required one year guaran= tee required in the specifications in that the water - storage tank be painted under adVerse conditions of winter in accordance with statements mentioned in letter ° Seconded by Done 5 ayes , 0 noes , carried . • Letter re s 75 day extension. ® Wright moved that Compagni Construction be granted an extension of 75 days of the oomplem Lion time on their contract to do the grading and restore the area to its original state . Seconded by Wilbur , 5 ayes , 0 noes , carried . Public Hearing date for zoning ordinance changes not ready at this time „ Supervisor bs Annual Report W filed with the Town Clerk . Fuel Oil m Discussion m Wilbur moved to accept the quotation from Ashland Oil & Refining Company , Inc , to supply the Town Hall and Town. Barns with . #2, Fuel 011 on an automatic replenishment basis at a fin price of 130400 per- ' gallon for the balance of the 1969 heating season , . III starting March. lsto Seconded by Dorn , 5 ayes , 0 noes , carried . General Fund Bills Makie moved to pay General Fund Bills #10 through #23 ` as listed on Warrant 2 totalling $ 377 . 36 . Seconded by i Wright , 5 ayes , 0 noes , carrie . o Highway Fund Bills d Wilbur moved to pay Highway Fund ills #17 through # 32 . • as listed - on Warrant 2 totalling $i 9 8L9 0 39 o Seconded by . Wright . - 5 ayes , 0 noes , oarrie o Water District Bills =' Dorn mo s e45 o p pay sooneYy;bi l . to compagni Construction Co e farmed ; - u 5 . ay'e s ; noes , Su rvi sor s s Reports . Makle moved t� ' acce . t '`!; he Sup° is ar a s Rep orto .s Seconded 'uy Dorm ayes 0 noes 9 cwrx± eC . COVER ) 208 . Town Board Minutes - February 10 , 1969 Sheet # 4 All Board members agreed to transfer funds : That the Supervisor be authorized to take $ 50 . 00 from Patriotic Observances and $ 250 . 00 from Signs and Signals to cover payment to the County Treasurer to reduce taxes . Meeting adjourned at 10 : 30 P . M . XHoz-s4- 2121C) ' Dorothy Roberts. Clerk ® . IlD (1 1 it it • 1 i * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the matter of the application of * * NEW YORK STATE ELECTRIC & GAS CORPORATION * to lay , place and maintain conduits , pipes , etc . , * * for the transmission and distribution of gas * * through , along and under the highways and other * * public places in the Town of DANBY , * * County of TOMPKINS , and State of * * New York . * * * * * * * * * * * * * * * * * * * * * * * * * * * ' * WHEREAS an application has been duly made to the Town Board of the Town of Danby , County of Tompkins , State of New York by New York State Electric & Gas Corporation for permission to lay , place and maintain conduits , pipes , mains , services and other appliances through , along and under the public highways , lanes , streets and other public places in said Town for the purpose of conducting gas for the supply of public and private buildings and places in said Town ; And said Board having called a public hearing , notice of which was given by publication thereof in the official newspaper of said Town at least ten days before the meeting , and the Board having duly convened and held said hearing , a quorum being present , and heard said application and concluded that the grant thereof would be advantageous to the Town and its inhabitants ; NOW , THEREFORE , on motion duly made and carried : RESOLVED , that said New York State Electric & Gas Corporation ( hereinafter called the Company ) , its successors and as - signs , is hereby granted the right and privilege to lay , place and maintain con - duits , pipes , mains , services and other appliances for transmitting natural gas through , along and under any of the highways , streets , lanes and other public places in said Town and to distribute such gas for lighting , heat or power in the public and private buildings and places within the said Town . MF - 99B - 1N That at all times after the placing of said conduits , pipes , mains , services and other appliances , said company shall be permitted to examine and keep the same in proper condition and repair and do all necessary work properly to maintain the construction thereof . This grant and privilege is made upon the following terms : 1 . That said conduits , mains , pipes , services and other appli - ances shall be located under the direction of said Town Board or its duly authorized agent . 2 . That all of said conduits , pipes , mains , services and other appliances shall be placed , constructed and maintained in a proper and work - manlike manner so that the same shall in no way endanger the public , and the said Company shall at all times indemnify and save harmless said Town and the members of said Town Board from and against any and all actions , suits , damages , costs , charges And expenses by reason of the location and mainte - nance of said conduits , pipes , mains , services and other appliances through , along and under any of the streets , avenues , lanes and other public places , or by reason of any act done or omitted to be done in the premises by said Company . 3 . Whenever said Company shall have occasion to make an opening in the surface of any street or other public place for the purpose of laying or repairing any such conduits , pipes , mains , services or other appliances , it will first procure any permits necessary under the law or ordinances of said Town , will conduct such work in a careful and workmanlike manner , will cause as little disturbance of traffic as reasonably possible , and will re - store the surface of such street or other public place as nearly as possible to its former condition , including restoration of pavements where it has been necessary to disturb the same . MF -99B -2N 4 . This grant and permit is made upon condition that permis - sion be secured from such public officers and commissions as is required by law , and the consideration hereof is the expenditure by said Company of the funds necessary for the construction of said conduits , pipes , II mains , services and other appliances and the proper maintenance thereof . IN WITNESS WHEREOF , said Town Board of said Town has caused these presents to be subscribed by its members this / 041 day of ttErv4rr , 19 (4 . t Af• I 94K Superviso • • / / 7/ - , % . �!< ,ill � -- 1 - x ` t ` ' ` / 7,... .4e I 0 , t S /artal r v I / • MF - 99B - 3N . • CERTIFICATE OF TOWN CLERK I , the undersigned , Town Clerk of the Town of Danby 9 County of Tompkins , State of New York , do hereby certify that the fore - going is a counterpart original of a resolution and consent duly adopted and . granted to New York State Electric & Gas Corporation by the Town Board of said Town at a meeting thereof duly called and held on the /I TXi day of , 19* f; and that two duplicate originals thereof were duly executed and deposited with me as said Town Clerk , one of which was filed by me in my office with the records of said Town ; and I further certify that at the time of the adoption of said resolution the officers sign - ing the same were members of the Town Board , and a majority thereof . IN WITNESS WHEREOF , I have hereunto placed my hand and seal r.(J of said Town this `-3 day of Ar4r 4l,A,L, , 19 th derm4:44;;L Town Clerk STATE OF NEW YORK ) 0 SS COUNTY OFTOMPKINS ) • Dorothy Roberts , being duly sworn , deposes and says that he is the Clerk of the Town of Danby , County and State afore - - said , and subscribed the foregoing certificate ; that he has read the same and knows the contents thereof and that the statements therein contained are true . • /a:L-41216/. Subscribed and sworn to before me vr this .. day of - ' -- ,,, _ , 19 Cr . Arte t 10; Notary Public e - �/�Ay MF -99B - UN . RESOLUTION FOR PUBLIC HEARING At a meeting of the Town Board of the Town of Danby County of Tompkins , State of New York , held at the office of said Town Board in the To of Danby , County and State afore - i., said , on the /-3 day of , L i . . _ . , 19�� 7. Present t114% •f�rrir Supervisor , presiding /4� i�nl L� 45-td-- de 1 / , e , 44 A ' a L/ (i): / ii ist . a . - rk A majority of the members of the said Board being present and said meeting having been duly called and application having been made by New York State Electric & Gas Corporation for a gas franchise for said Town : NOW, THEREFORE , on motion duly made and carried , it i ,.. ° SOLVED , that said Board will hold a meeting and a public hearing a �r. t in said Town on the /4 day of , 19a, at 9• ..3a o ' clock in the _ , tif, . , . of that day , on the proposition that said Town grant to said Co oration , its successors and assigns , the right and privilege to lay , place and maintain conduits , pipes , mains , services and other appliances for transa mitting gas through , along and under any of the highways , streets and other public places in said Town , and to distribute gas for lighting , heat or power in the public and private buildings and places within the said Town , upon such terms and conditions as may be deemed proper and as may be permitted by law ; and that due notice of said public hearing shall be given by publication thereof in The Ithaca Journal , the official newspaper published in said Town , at least ten days before said meeting . MF -99B - 5N NOTICE OF PUBLIC HEARING BY THE TOWN BOARD OF THE TOWN OF DANBY , COUNTY OF TOMPKINS , STATE OF NEW YORK , ON APPLICATION FOR A GRANT OF A GA3 FRANCHISE Notice is hereby given that the Town Board of the Town of Danby , County of Tompkins , and State of New York , will hold a meeting and a public hearing a-bac_ ati1/2/2 Vale} in said Town on the /Q TAY _ day of , lits ,, , , 1901, at /Ao o ' clock in the ' ,5'h�r.t.*r�) of that day , on he proposition that said Town grant to New York State . Electric & Gas Corporation its successors and assigns , the right and privilege to lay , place and maintain conduits , pipes , mains , services and other appliances for transmitting gas through , along and under any of the highways , streets and other public places in said Town , and to distribute gas for lighting , heat or power in the public and private buildings and places within the said Town , upon such terms and conditions as may be deemed proper and may be permitted by law . Dated ,.,s. _/'L /3/43 , 19 io TOWN BOARD OF TOWN OF DANBY By A ./' i . / : - ...,7 upervisor 2,—Y % Illt ; ' :4' / Clerk MF -99B - 6N I • • . . PROPOSED DF,FINITIONS • ; FOR NESS . H : . : ZONING ORDINANCE • : TOWN . 0F . DAN'S? • : February . L0 , 1969 - .. Article i :Section 708 . 2 • Trailer . Park • . • ' . . ny area :. pawed to provide sites :for two or, more trailers • or ' mobile hones :, ' whether standing : ou wheels or on ' rigid- • ; supports , , shall ' be Submitted to the Town Board for a planned • 7 - .T: : • • t' !! It! ! ! ! pursuant to the provisions of Section - . . 603 . 2 . - In considering anyi application for . any such use , . _ .. - . ..the Board * o! , - Zoning Appea la', 4 the Town Board , and the Plan- oing: Board , reference ' shall be. ..-made • t.o the Tompkins County . Health Department or such agency as shall:= 'at that tune- be - - : charged . witb .. the. duty of approving sewage' disposal in the . . . . area contemplated for such: use , and consideration shall be• - SiVen. ' to the environtsental : characteristics • of the area , such . . - as adequate and ,safe highJays ,, . access - .roads , ' properly de II : st8td site locstions. ' for- : trailers, water : availability, 'and • -• - - the . character M . the location in relation to adjacent ' properties ' end . the _ toning thereof. : No application shalt It be : : . i - ppey .received . nless a .ccoaapanied, , aproPr proposed • ' . lend ' use : diagram showing the - site . locations , proposed. roads , i .."• .. .. • . . •: eeewiage ,� disposa.1 ,- landscaping , °sad - other lectors as outlined . � .. . - . - - . .• .in , the .�previous sections Said proposal to also inctude • ' . _ the dove toper - aubmi..tting ' suitable - plans and prescribing • suitable. plans -and prs.acribing * regulations therefor tnclud • . -, ing . provisions : for sewer . ,connectton , water supply , . toilets , • bathing . facilities ,-ilities ,: 'garbage removal , 4 registration of _ . _- . . occupants , inspection of campa • a.nd providing tits limits , r . . , , 4 . ' - . on duration of stay of house . trailers in such trailer : : camps , - . tourist, camps or similar establishments . . . . Regulatingg It . the parkins, ' storages. at otherwise locating of house trailers . THALER & THAL'ER • : - 4 4 . • • • ' ' * a A ' ,TTORNEYS & .COUNSELLORS . Whet used or , ocupied as . living , or sleeping quarters in any 309 . NORTH TIOGA STREET _ - • ITHACA , NEW YORK 74850. - • - - . , •\ ..• + rG+ part of the town .outside an established house trailer camp , : tourist or ; similar establishment, providing time limits ' on . duration .of stay of such . house trailers and requiring . registration of such house trailers when so used . • Section 603 . 3 - ,ndustr4,n 1 Estabi shnient • pllalsi„— y : .: 'Industrial estabtistunent as it is used . in the concept of ' the ;P D . :: district , - ' is that branch of trade : employing - .. 7 capital tc$ !?t!c ! :tt8! words convey the idea that trade• nd industry re used in a business or money making occu- . . _ pation as distinguished : Pram :pro fessicns , arts or *grim culture ,,:. Fteevlatioass IIIndustrial establishments may be constructed in the P .D . district and used for any lawful purpose, except that the - approval of tbA . Tiywn . Board must be obtained pursuant to• _ 1 - Article S of this Ordinance ; Strict adherence to Section 603 . 1 may be waived if the standards for ' special pe its - ' as provided herein are mete and approved , , 1. • THALER ' & ,THALER , '' ` ' ■TTORNEYS & ' COUNSELLORS. - 309 NORTH .TIOGA STREET - - - - ITHACA, NEW YORK .14850 . - - . . . . - . • - _ - ..