HomeMy WebLinkAbout1970-04-13 •
TOWN OF DANDY
TOWN BOARD MINUTES
April 13 , 1970
The regular meeting of the Town Board of the Town of Danby was
held at the Danby Town Hall , Monday , April 13 , 1970 at 8 : 00 P . M .
Board Members Present : Supervisor Donald C . Makie
Councilman Ralph Wilbur
Councilman Gerald Crance
Town Justice Floyd Dorn
• Town Justice A . Francis Wright
Others Present : Moses Peter , Perry Crance , Rick Dobson , Woitto Lehto ,
Clyde Carrier , Clifford Hill , Edward Roberts and the
Journal Reporter . Wendell Bryce later .
Supervisor Makie called the meeting to order . Minutes of the
regular meeting in March were approved as submitted .
COMMUNICATIONS •
1 . From the New York State Electric & Gas re : Street Lights in the
Town of Danby .
2 . Donald Ryan ' s reply re : Jennings Pond License renewal .
3 . Department of Transportation , State of New York - Notice of Action :
added Stop Sign on Nelson Road , entrance from the east ,
added Yield Sign on Curtis Road , entrance from the west .
4 . Copy of letter to Edward Hill from Tompkins County Health Depart
ment re : Hillview Terrace Mobile Court .
5 . Department of Transportation , State of New York m Change in
statewide speed limit effective October 10 19 700
6 . From Tompkins County Board of Representatives re : Resolution
. establishing County Water Agency and that our Board should appoint
a person to represent Caroline -Danby .
7 . Minutes of West Danby Water Commissioners ' meeting on March 16 .
8 . Letter from George Clarkson re : Firemen ' s Compensation Insurance .
9 . Telegrams from Senator Goodell and Congressman Robison congratuo
lating the FHA Loan of $75 , 000 . .
£ RIVILEGE OF FLOOR
Clifford Hill stated that the Danby Planning Board was not
prepared for making any decisions on their , request for a Mobile
Home Court , and the intent by sending the Hill ' s to the County Planning
was to engage in professionals . They went to the County Planning with
a number of different recommendations which had been given to the
local Planning ' Board by Mr . Liguorits office and when leaving , they
were much more confused then when they went . Do not feel they can go
any further without some concrete evidence of good faith towards their
project . ON AGENDA .
Moses Peter suggested that the Town Board give some serious con-
sideration to abolishing the present system of the Town Planning Board °
citing that for too long all that is accomplished has been a delay
to prospective developers because we have expected too much from these
non- salaried people and the Town Board should assume this responsibility .
Makie questioned the legality -- if you have Zoning , you need a Planning
Board . Peter cited Town Law states you max have a Planning Boards it
is optional .
COMMITTEE REPORTS
Highway- Reported by Wilbur - The County stonecrusher is being used
extensively by Highway Department --patching roads .
Referred to Insurance Committee ( Wright ) the damage to the
shovel by a huge boulder-- is it covered by insurance ? Wright
thinks it is . Also a little accident with pickup truck--
. has insurance taken care of this ? Wright says he has a
report. Chlorinator for water system at highway barns- -
In order to have a chlorinator , there must be a large
holding tank to chlorinate the water , formulating this will
not make drinking water as will constantly be warm water . There -
fore , might better investigate into a cooler and bottled
water system and leave the well as it is . Chaffee not
. present . to report on cost of cooler and water . Wilbur will
• pursue the possibilites . .
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Town Board Minutes = April 13 , 1970 Sheet ## 2
West Danby Water. District - Reported by Makie ( Crance did not attend
Planning Board Meeting ) Street and
Blatchley presented their plans for a
housing development and request for a
Water District Extension . Makie read rul -
ing from the attorney , • " The West Danby
Water District can require the developers
install a water main extension from the
present main terminal to their property ,
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" They should then be required to deed
over any main extension which is within
the existing water district or any
extension to the water district itself " .
Further , any extension of the Water
District must be paid by the extension
itself- -water district funds cannot pay
for the extension .
Insurance - Reported by Wright - Damage to the shovel is covered by
insurance , Polley #1- 088247 - Inland Floater Policy .
Ithaoa Agency has taken care of insurance on accident
with town pickup truck .
Refuse Collection & Disposal - Reported by Crance - Bids will be
opened April 20 for a county -operated
landfill which will be in Groton .
Landstrom expects to have a landfill
in West Danby and Carpenter in Ulysses .
Expect operation June 1st .
Youth - Reported by Wright - Observing the floors in the Town Hall
whidihave been refinished , thanks go to the persons
responsible for making the terrific improvement to the
floors®• assuming credit goes to Youth Group of Town of Danby .
Zoning and Planning - Dorn - no report .
' Fire - Wilbur - no report.
Cemeteries - Dorn - no report .
OLD BUSINESS
Highway Superintendent - Chaffee absent .
Zoning Officer e Roberts absent .
Planning Board Chairman a Myers absent ,
Appeals Board Chairman - Webber absent . .
Comfort Road and Route 96B Street Light ) RESOLUTION %` 7
Cancel Street Light at Middaugh Road and Coddington • Aoad )
Wright moved that the street light . at- the intersection of Middaugh
Road and Coddington Road be cancelled and a street light installed at
the intersection of Route 96B and Comfort Road , resulting in the
electric bill remaining the same . ( The light to be cancelled is in
the Town of Caroline and inadvertently paid by the Town of Danby ) .
Seconded by Dorn, 5 ayes , 0 noes, carried .
Procedure for use of Attorney - Makie noted that in the March minutes ,
a town attorney was mentioned but did
not think it in the capacity of an
appointed official . Sees the questions
with a town attorney at this time --
with the problems and the work connected
with the Water District , an appointed
Town Attorney is not allowed to charge
a separate fee for work with the water
district , for an example -- it is part
• of the job . In talking with various
members , it seems desirous of any Town
officer or department in the • Town needing
services of an attorney , to • bring this
up for Board approval prior to using an
attorney .
Wilbur questioned the Zoning Officer
might . have an immediate need for an
.. attorney and this " ties his hands ". . .
p '"
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Town Board Minutes - April 13 , 1970 Sheet # 3
Regarding Town Justices ' need for an attorney , they have
been able to call upon the District Attorney and found their office
to be very cooperative .
moved that the
Wright R question of attorney se ;-vices be tabled
for one more meeting. Seconded by Wilbur . 5 ayes , 0 noes , carried .
• Water District Extension - Makie has reported on this under the
Water District . Attorney Thaler1s
opinion is attached under Paragraph 5
of letter dated April 9 , 19700
Ruling on Taxes - Supervisor Makie reported that Carlton Hunt , by
letter , questioned the taxing of churches and the
fire hall in West Danby for the advalorem tax for
the Water District * Attorney Thaler ' s ruling is
attached under Paragraph 20 3 and 4 of letter
dated April 9 , 1970 .
. Fire Insurance - Supervisor Makie stated that any insurance benefit
the town could possibly get , we get already because
the town writes all their insurance with Ithaca
Agency, Attorney Thaler ' s ruling regarding
Volunteer Fire Insurance Coverage is attached
. under letter dated March 19 , 1970 ,
. Department of Audit and Control ruling is also
attached to these minutes .
Discussion followed on paying the . volunteer firemens & compen-
sation insurance . Supervisor Makie deducted the amount from the
total bill which had been audited at the March meeting to pay ,
because of the above ruling per letter . Wilbur expressed concern
as the board had approved the bill . .
. Wright moved to table any further discussion of the Volunteer
Firemen ' s Insurance and suggested that the Fire Commissioners get
I/ their interpretation immediately . Seconded by Dorn .
Letter from the Supervisor to Clyde Carrier , Chairman of the Fire
Commissioners regarding the insurance on volunteer firemen being
expired and the bill is a fire district charge *
Crance - for writing the letter , if this is what is necessary ,
Wilbur - opposed', at this time , anything such as this in writing .
Wright - opposed; feels proper communication has been expressed verbally .
Dorn - opposed .
Carrier will not get a letter .
NEW BUSINESS
i
Resolution to repay monies to persons who . were inadvertently billed
. the ad valorem tax in the water district - Makie stated that due to
i the fact that very little has been received in the water district ,
this be tabled until the May meeting .
County Water Agency. Appointment - Supervisor Makie moved to recommend
Ernest Cole , 83 Nelson Road for appointment to the County Water Agency
representing the Town of Danby . Seconded by Wright . 5 ayes , 0 noes ,
carried .
Local Assessment Review Board Appointment - Crance moved to appoint
Fred Thayer to the local Assessment Review Board for the Town of
. Danby to be held on June 16 , 1970 , with Larry Cortright as an alternate .
Seconded by Dorn. 5 ayes , 0 noes , carried .
J ennings Pond Parki Fee - Wright to discuss this with the Community
Council for a report at next meeting .
Voting Machines for School. Board Election - Wilbur moved that we
allow the Ithaca City School District to use the Town Voting Machine
I for the annual school board election on May 6th assuming all expenses *
Seconded by Wright . 5 ayes , 0 noes , carried .
Litter Clean- up to be done by Boy Scouts - A memorandum from the Scout -
master was read under communications asking the Town for two or three
i highway trucks to clean .litter along Route 96B as part of a county-wide
project ,
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Town Board Minutes — April 13 , 1970 Sheet # 4
Wilbur made the motion to furnish town highway trucks that are
available and only town highway employees as drivers for a Boy Scout
Litter Clean-up being held on April 259 with approval of the Highway
Superintendent .. Drivers to be paid from the Contingent Account of
the General Fund. Seconded by Wright , 5 ayes , 0 noes , carried,
Electro -rust Proofing for Water Tank ® Supervisor Makie moved to
accept the contract for Plan A .
Seconded by Wright . 5 ayes ,
0 noes , carried .
Discussion of Clifford Hill ' s Planned Development District �.
Makie stated the Board has heard Clif ' s dissatisfaction of action
taken and thinks need for some recourse as a Town Board .
Makie suggested that Mr . Hill take back to the Planning Board
their requests for modification and believes that Town Law states
that if Planning Board action is not taken within a specified
length of time , then the Town can act in its place .
Mr . Hill said the plan was to be developed in stages ® ®could not
afford to develop one hundred sites at one time and the Danby Planning
Board wanted it broken down into the first portion to be developed .
By going to Mr . Liguori ' s . office , found out that this is not the
total concept of the Planned Development Area . They want the total
plan- - it may be ten to twenty years from nova .
Supervisor Makie said that this can be just a sketch to which
Hill said , according to them not , and should be done by an architect ,
complete to the detail of lights and shrubs , Makie reasoned that
this is so developers would not do something in ignorance now
making it difficult to marry out a plane-really a protection- ..but
didn ' t know it had to be in that detail .
Hill then asked if he could assume that if they meet all the
requirements of the Planning Board , unless something is really wrong
with the plan , that they stand a a fairly good chance of getting
approvals .
Makie asked Board members as follows, their answer to Hill :
Wrights Thinks that they can give approval for the simple reason
the ruling of the zoning ordinance is written , it has to
take four people on the Town Board to turn it down .
Hill asked how much weight will the public hearing have on the
decision of the Town BoardTeeesince through hearsay have heard opposio
tion already to this proposal .
Crances If plan complies with everything that is in the ordinance .
Wilbur : We have to listen to the public . . . . that is who we represent .
IF . it is going to harm some nearby property owner- .. this should
be taken into consideration . If a public hearing had twenty
people in attendance that were all disturbed about the plan ,
it would make him think a second time what is wrong .
Definitely would listen to reasonable opposition, but as Clif
Hill stated persons close by are not opposing but some one five
miles away will , Wilbur said one person ' s opposition would
not sway his decision .
Renewal of Jennings Pond License - RESOLUTION #
_ Councilman Wilbur made the motion that the Town of Danby renew
the Jennings Pond License between the Finger Lakes State Park
Commission and the Town of Danby with one exception :
THAT Item 6i Page 2 of the present license be amended to the
4th paragraph of the letter in receipt . of March 9 , 1970 from
Donald E . Ryan , Regional Director of Parks and Outdoor Recreation .
Seconded by Justice Wright . 5 ayes , 0 noes , carried .
Transfers in the General Fund - RESOLUTION #8
Wright made the motion to make the following General Fund transfers :
$$1 , 465 . 00 from the Contingency Fund for Unallocated Insurance
0 . 00 from the Contingency Fund for Workmen ' s Compensation
Seconded by Dorn . 5 ayes , 0 noes , carried .
General Fund Bills - Wright moved to pay General Fund Bills # 30 through
# 41 as listed on Warrant 4 totalling 0. ® 15 $ . 17 .
Seconded by Dorn . . 5 ayes , 0 noes , carried .
Highway Fund Bills - Wilbur moved to pay Highway Fund Bills # 29 through
# 36 as listed on Warrant 4 totalling $675 . 12 .
Seconded by Dorn , 5 ayes , 0 noes , carried .
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Town Board Minutes ® April 139 1970 Sheet # 5
West Danby Water District Bills Question of New York State Electric
bill .
Wright moved to pay Water District
Bills # 7 through # 10 as listed on
Warrant 4-totalling $ 333 . 84 subject
to Makieos audit regarding electric
bill . Seconded by Wilbur .
5 ayes , 0 noes , carried .
Supervisores Report3 v Crance moved to accept the Supervisors Reports ,
Seconded by Wilbur . 4 ayes , 0 noes , carried .
Wright asked if a special meeting might be called if necessary
to resolve the Volunteer Firemen ' s Compensation Insurance . Makie
in agreement .
Meeting adjourned at 11 : 00 P . M .
Respectfully' submitted ®
-<Y 7,2
Dorothy Roberts . Clerk
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