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HomeMy WebLinkAbout1970-03-09 • 1 : : TOWN OF DANBY TOWN BOARD MINUTES MARCH 9 , 1970 The regular meeting of the Town Board of the Town of •Denby was held at the Denby Town Hall , Monday , March 9 , 1970 at 8100 P . M . Board Metbers Present : Supervisor Donald C . Makie Councilman Ralph Wilbur . . Councilman Gerald Crance Justice A . Francis Wright Justice Floyd Dorn Also Present : Highway Superintendent Chaffee , Zoning Officer Roberts , Planning Board Chairman John Myers , Moses Peter , George Clarkson , Perry Crance , Donald Cole , Roy Casteriine , Mary Casteriine , Jimmy . filer , Blabchley & Street , Roland Neefe , CliffHill , Mr , and Mrs . Webber , Mrs . Spotts , Mr . and Mrs . Evelien , and Bill Scott from Ithaca Agency . - Supervisor Makie called the meeting- to order . Minutes of the regular ` meeting in February were approved as submitted . COMMUNICATIONS 1 . From . the Tompkins County Assessment Department re : a local assessment review board for each city ., village and town in the county consisting of a member of the professional staff of the division , of assessment , a member to be appointed annually by the respective local government legislative body . and a member of the Board of Representatives elected by the district within all or part of such village , city or town is located and let the the County Assessment know who this person is . . 2 . . No Planning Board Minutes . Annual Report of :Denby Fire District . 40 From the Danby Fire • Commissioners re : meeting with Town Board . held on March 5 . . . 5 . Notice of the Tentative Equalization Rate - 85% . 6 . From residents living on Brown Road re : heavy equipment . going on that road'. ON AGENDA . 7 • From Zoning Officer re : Building Permit procedure . . 8 . From Zoning Officer re : Trailers located at the end of Brown Road . PRIVILEGE OF FLOOR Supervisor Makie gave a verbal vote of thanks to Joe Short , former Chairman of the Planning Board , for the work he has done in promoting various projects in the town and for his work on the Planning Board , . Councilman Crance introduced various people from churches in West Danby present because of water tax on the new church , ON AGENDA . County. Representative Jimmy Miller brought to the attention of - the Town . that the County Board wants to work closely with all the town boards'. A recent meeting placed high on the priority list is the distribution of the sales tax revenues . it stands now the towns of. Denby and Caroline are each being denied about $ 38 , 000 . 00 ecause the distribution is being based on the evaluation in the county t rather than on population . .;r b ey .). I I . .• i . TOWN BOARD MINUTES - March 9 , 1970 Sheet # 2 The County is going to try and change this . Regarding Sanitary Landfill--the Towns of - Enfield and Newfield have asked the County - to hold up for at least a year Or two on the whole problem of • .County Sanitary Landfill until the County can work - out a better method than the one has been presented . ' . Wilbur asked if we are going to wait for Newfield and Enfield-- feels that we have . a dire need right now --have waited five years too long. . Miller said . the reason Enfield and Newfield • have passed a. resolution asking the County to wait is that in a year or two they . may adopt a better method-- one similar that Onondaga County is putting in . It is a . machine which bales the refulse and the refuse bales to construct roads -, airports , etc . is . Wilbur asked if the County Health Officer/willing to wait with - _us , Miller asked if Town of Danby wants to go into the County situ . ation immediately or could wait a year . . Crance ' 's understanding through the college is that this is going to start June 1st in this . area . • . . Makie stated that the Town of Danby is under short notice- -that the present land . is only being used this year by the good graces of the . man who owns it anticipating a summer opening . of a : county-run sanitary landfill : . Also . a group of Town Supervisors are thinking of forming . . another distridt and going to operate . in the near future because they are in the :same position we are . Rick Dobson in '6efending' himself . said the road in question under communications has been used for years for heavy equipment --that there used to be a dung at the end of road and several trucks using it everyday . . : Also that he has tried to repair the road with a lot . of opposition and thinks the matter is all jealousy . Regarding trailers , he checked this .. out beforehand and with what the former owner had in mind--an • outlined plan'. Did check with former zoning officer before making the final. purchase and it was okayed . Did not apply for e . permit . An • artesian . well in the - middle of the road is effected by heavy trucks. • causing sand in the water . Dobson presented a_ preliminary outline of his. plans -- is trying now to purchase another way- into this land so as not : to bother the people on Brown Road . : . Outline was turned over to Floyd . Dorn . Mrso , Spotts . said she has lived there 18 . years and never ' had this . trouble. : The road is • too . narrow for so many truck* and cars. Mrs.. Evelien . referred . to the trucks that used to use . the road were Hiney ' s and Seymour ' .s garbage trucks which only . used the road once a day; and . they were not . as heavy as the dozers and hi-lifts . ' There is no other place to put a well on the small lots . . Do . not . . want the road • repaired as dais go too fast and • only . way to . slow them down. is to . keep toad rough . Board of Health was involved in that they told Mr . Brown , • . former owner, that he could not put anything more up back where anyone would. be ' living- this : was put in the . deed. . . . . : - Albert Shepardson. understood • that everyone had the• use of the Brown ' s . . Aoad and .: that no one owned . it . but hit ' children are harrassed • when ridingg : bihes or • walking . . . This is not ' a towrt . road. . Moses ' Peter commented - on the . exesnowblower . directed to the Town . Board: arid . the . Highway Superintendent . Interprets that we had a reason- ably : serviceable: piece . of snow removable.• equipment - this• as evidenced : - ' by • the use : of ; it a few days before it IWas sold . . Fti ether, : this snowbiow . • Is . almost 'identical to the . piece ofe t..cZthe City of Ithaca uses to . ti emove ali the . snow that has acounu ated during the recent storm. At � . . . •• _...__ . -- -- • nn.4_ rl awL�?.(. i..3 ♦ SM ■!'q . . p .♦ - . I ! . - . T . . r- ' . 4 TOWN BOARD MINUTES - March 9 , 1970 Sheet # 3 i' the January meeting , it was proposed that the snowblower be sold and Mr . Peter protested . The decision to sell was bad and the manner in which it was sold was particularly bad . Hope that we do not have a recurrence of this or he would like to buy the grader tomorrow . Mr . Edward Hill presented a letter from the Board of Health and. blueprints for a trailer park on the South Danby Road . Mr . Blatchley presented a plot plan for developing West Danby property . He believes that they have the money ready if the engineer w ill run the water to the property . Makie has consulted with the town attorney who says the law states cannot buy a water district that has already been build by a private contractor-=but can accept one as a gift . We can construct one if we have the financing . It would be n ecessary for Blatchley and Street to take the next step in hiring the e ngineer , as he designed the water district --would know what was necessary to be approved on the town ' s part , so in a sense would be working for both and would facilitate matte u . It cannot be accepted until finished and inspected ready to hook/kLttd Blatchley and Street ' s recovery would be in the sale of lots . To do this another way would be to secure the financing and have the public hearings to secure the bonding , etc . and obligate the . district for these funds which would take time . Blatchley asked if they do decide to go along with installa- tion , will town board see that property is deeded back to them- -this includ9 the abandoned road . Makie said if there is a procedure , it would/up to a vote of the board and the circumstances surrounding . Donald Cole from West Danby questioned the water tax bill sent to those who had been left off and the fact that there was not a date for tax to be paid . Makie stated that this had been discussed , and since the January 31st deadline had passed when the bills were sent out , no • penalty procedure had been established , but normally would guessthat it be 31 days , hoping it would not get to that point w ith the small number of parties involved . If it does , would have to seek legal counsel . Roland Neefe also spoke in behalf of the Board of Directors of the West Danby Baptist Church as this has to be presented at an .annual business meeting in April meaning more than a month before knowing action on their bill . Makie stated this is a special fund administered by the Town Board and from this fund , there will be certain monies paid back to persons who were taxed and not in the district so would think in this case it is up to the board to wait to investigate any tax . angle and perhaps would never have to . COMMITTEE REPORTS Highway - Wilbur reported a chlorinator for the water system at the highway barns had been budgeted so thought it time the highway superintendent . be advised to secure prices . ON AGENDA . Also County Highway Superintendent Stevenson met with Town Board earlier in the evening and cleared matter of snowplowing . On Agenda for next month . . West Danby Water District - Crance - nothing to report t f C i - - - TOWN BOARD MINUTES - March 9 , 1970 Sheet . #4 • l • Insurance - - Wright reported that the town has an insurance policy covering town officers . Discussion on insurance for the pumvhouse and contents . Need to find out original cost . Also needed is liability insurance on pipes , road and hydrants - -will get a policy to present to the water commissioners . Ithaca Agency reviewed the list of insurances which Wright has a complete copy of . Refuse , Collection & Disposal - Crance - nothing to report . Youth - Wright - nothing to report . Zoning & . Planning - Dorn - meeting scheduled with Planning Board Wednesday , March 11 , 1970 . Fire - On agenda to discuss what to do with the old Fire House . o Wilbur . Cemeteries - Dorn - nothing to report . OLD BUS I,ESS Highway Superintendent ' s Report - nothing to report . Zoning Officer ' s Report - Roberts would like recommendation from the Town Board regarding his letter . Action will be taken on old cars on West Danby property . - Planning Board Chairman - Myers - no report . Appeals Board Chairman - Webber - no report . Comfort . Road Light - Wright moved to have a street light installed at the intersection of Route 96B and Comfort Road with money to be transferred from contingency fund to cover this year1s cost . Seconded by Dorn . 5 ayes , 0 noes , carried . Water District Extension a Makie reported that he has called the engineer who has contacted Blatchley . He understands that the Town is not paying for these services , but coming from Blatchley and Street . Makie asked our attorney for a letter listing the procedure to accept this and cannot give approval for this until done and accepted by our engineer . For reason of economy , have the same engineer . A copy of the attorney ' s letter will be sent to Blatchley and Street. Crance questioned who pays for water extension from where the line now terminates and where Blatchley and Street property starts - -1/10 of a mile . Makie asked Crance to bring this . to the attention of the Water Commissioners for their recommendation . . ,;• C C C P WN BOARD MINUTES - March 9 , 1970 Sheet h5 Makie reported that the Supervisor ' s Report has been filed and a copy of it made to send to FHA to proceed on taking out the $ 75 , 000 .' short - term note and placing on a long- term bond at 5% interest . Dog Census - Makie did talk with Mrs . Nelson who has advised that Mr . Nelson has all intentions of completing the census . Investment of Town Funds - Makie has invested the funds as instructed . The question of any penalty on the premature withdrawal of invested . funds --there is none . NEW BUSINESS Resolution to repay those persons who paid a water tax and are • outside the district - ON AGENDA FOR APRIL . Crance to call Assessment Director Payne to get a ruling on the portion of Ashley ' s property outside the water district . New Equalization Rate - 85% . Town Attorney - Town Board agreed to have Thaler for the Town Attorney . Planning Board meeting with Town Board - March al , 1970 , 8 : 00 P . M . Old Fire House - Councilman Ralph Wilbur made the motion that the Town prepare a referendum to purchase the Bald Hill Road. Fire House at a $price consideration of $ 8 , 000 . 00 with provisions of returning 3 , 000 . 00 for the sale of the new fire house lot. . This refer - endum to be held in conjunction with the fire commissioners ' referendum to sell the old fire house for the purpose of meeting Town Board and Highway needs . Seconded by Crance . . 5 ayes , 0 noes , carried . TOWN BOARD TM" INUTES March 9 , 1970 Sheet # 6 An . agreement between the Highway Superintendent and the County Highway Superintendent and the Town Board Members so that the Highway Superintendent can expend the money in the amount of 00 , 000 . 00 in Item I accounts was explained by Wilbur to be signed , . - Brown Road Letter - Makie stated the problem is what recourse these people have by Town Board action . Wilbur ' s opinion is the only Town Board recourse would be is anybody in violation of zoning ? Who owns the road and who can use it and who can ' t involves the property owners and a lawyer . Zoning Officer Roberts interprets , as his letter read , that the three trailers are in violation and should be removed and secondly , it is Zoned B ( was zoned Commercial before August 1969 dated back to beginning of zoning ordinance ) allowing several permissable businesses which would allow dump truck , backhoes , etc . to travel. The fact that it is a common drive cannot be determined • by us--action to be taken through a : lawyer and interpretation of the deed . Makie advised Dobson that if he intends to make a planned development district , submit it to the To*m Board - in turn submitted to the Planning Board for recommendation and in this case would say Dobson has a conflict of interest . With their recommendation come back with a ruling to the Town Board . Being in violation, Dobson can appeal . Wright made the motion that the Zoning Officer proceed and also that Mr . Dobson proceed to the Appeals Board and take any action in his best interest . Seconded by Dorn . 5 ayes , 0 noes , carried . West Danby Churches - Crance advised getting legal advice regarding taxes for churches and fire halls , for special districts . Makie quoted from Town Law that real property of a school district and religious corporations is subject to taxation for special improvement district purposes . Makie to get a ruling from an attorney . Also on any penalties imposed on water tax bills which were sent out in March . Chlorinator for Highway Barns - Wilbur advises this is about a $ 200 . 00 expenditure which has been budgeted . Prices will be quoted at next meeting . Action on 1969 Insurance Bill - Makie checked 1969 warrants to see what bills hadbeen paid to Ithaca Agency . Discussion on Firemen ' s Volunteer Compen- sation Insurance being paid by the Fire District . Makie advised turning this bill over to their" . - Wilbur felt they are not prepared for this as they are not budgeted . F C tl WN BOARD MINUTES - March 9 , 1970 Sheet # 7 It is recommended that in the future the Fire - Commissioners, budget for Firemen ' s Compensation . Insurance . Wilbur moved to pay the 1969 Insurance Bill to Ithaca Agency . Seconded by Wright . 5 ayes , 0 noes , carried . General Fund' Bills - Wilbur moved to pay the General Fund Bills # 23 through # 29 as listed on Warrant # 3 totalling $ 3 , 842 . 11 . Seconded by Dorn . 5 ayes , 0 noes , carried . Highway Fund Bills - Wright moved to pay the Highway Fund Bills # 24, through # 28 as listed on Warrant # 3 totalling $ 553 . 27 . Seconded by Crance . 5 ayes , 0 noes , carried . Water District Bills - Wilbur moved to pay the Water District Bill # 6 as listed on Warrant # 3 totalling $ 12 . 00 . Seconded by Wright . 5 ayes , 0 noes , carried . Supervisor ' s Reports - . Wright moved to accept the Supervisor ' s Reports . Secconded by Crance . 5 ayes , 0 noes , carried . Meeting adjourned at 10 : 30 P . M . Respectfully submitted , Dorothy Roberts , Clerk _ - - . . c_ _ - . . . - _ - - - - _ . _