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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 . . • 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 , • " 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 '" . • 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 , . . . . . . . . . . . . . . • 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 . • 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 • • • • v 1 gar • • •