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HomeMy WebLinkAbout1971-04-12 TOWN OF DANBY TOWN BOARD MINUTES APRIL 12 , 1971 The regular meeting of theTown of Danby Town Board was held tat the Danby Town Hall , April 12 , 1971 at 8 : oo PM . Board members present : Supervisor Mak. . Councilman Wilbur • Councilman Crance Justice Dorn Justice Wright Also present : Zoning officer G . Roberts , Planning Board Chair- mai Richard Olsem , reporter Fred Yahn of Ithaca Journal , Moses Peter , Mary and - Roy Casterline , Rick Dobson , Mrs . Spotts , Mrs . Maycumber , Mrs . Evelien , Neal Wintermute , Jack Hardy and Louis Riker . • Minutes of regular meetings of Feb 8 and Mar 8 , 1971 and of a special meeting of April 7 , 1971 were distributed to Board members for reading and correction . Correction of March minutes , i ,.e. , General Warrant was reduced from $1922 . 12. to $1913 . 70 in as much as a bill. from Agway in the amount of $ 8.. 34 rightfully belongs to the Danby Fire. Company . Minutes were approved as corrected . Communications : 1 . Thaler & Thaler re Cerracche Television Cable In essence : " The use of County and State highways in the Town of Danby are regulated by the State Transportation Department and by the County respec - tively . If Cerracche has used town highways without permission then notice can be given that until it has a Franchise , it is illegal . 2 . Agenda of Tompkins Board of Representatives for Mar 22 , 1971 and April 124 , 1971 ' 3 . Tompkins County Board of Representatives Resolution No . 63 - Approval of Amendment to Tax Law- Sales tax allocation . 4 . Governor Rodkefellers Proclamation of Earth Week April 19 through April 25 , 1971 . 5 . Thaler & Thaler - Dossier of Rick Dobson vs Town of Danby Zoning Ordinance . Dobson has legal right to placement of seven trailers on his property since proper procedures were followed prior to the Amended Ordinance of Aug . 1 , 1969 . He cannot , under the present zoning ordinance) extend beyond the seven mobile homes without permission of the Town Board under the provisions of Section 708 . 2 of the present zoning Ordinance . 6 . Thaler & Thaler to Gordon Roberts , Zoning Officer re Right of Zoning Officer to Inspect Property . In essence , Zoning officer , when property owner refuses admittance , must obtain a warrant . There is no • specific statutory authority given under Section 268 of the Town Law which gives the Town Board authority to enforce a Zoning Ordinance . 7 . Letter from Ed Abbott re meeting to discuss Basin Board study . 8 . . State of New York Parks and Recreation re State Subsidy for "grant in aid " to enforcement agencies of the Snowmobile Law . 9 . State of New York Dept of Agri & Markets re 24 hr dog • quarantine effective Apr 1 , 1971 to March 1 , 1973 . Danby Town Board minutes - April 12 , 1971 - Page 2 Communications Cont ' d : 10 . Letter from Senator Ted Day in reply to our letter re Basin Board Study . Senator Dizy stated that he would certainly investigate the matter . 11 . Frank Albanese re Ivy Broadcasting Company towers . Question as to whether Ivy Broadcasting Co is a public - utility . There is not much information available but a recent case decided Apr 22 , 19 70 , "although a radio station does not constitute a public utility in the ordinary sense . it is , nevertheless , a public. utility in a limited sense impressed with a public interest " . PRIVILEGE OF FLOOR : Nothing from Board members at this time . Moses Peter commented on Sanitary landfill operation . Mr . Peter volunteered to represent Danby at meeting of County Board of Representatives since he feels we have all too little representation at these meetings . This will be put on the agenda . Roy Casterline reported that the County is checking canvasses on trucks etc . The ladies present had no comment . ' Neal Wintermute of local Radio Communications Company was present to tell about various types of radio and communication systems which are available for use of Highway Dept . This was put on Agenda . There were no other comments from the floor . COMMITTEE REPORTS : A. Highway Dept - Wilbur reported Supt . Chaffee is cutting brush on Fisher Settlement Rd , Sand Bank Rd . Bald Hill road is left to finish from last year - Erwin Plan . Supt . Chaffee is looking into a stone crusher . He is presently using the County ' s crusher but this presents problems . Mr . Wilbur reported he had met with the planning board to discuss housing of Highway equipment as per planning board minutes , copies of which were distributed with last months minutes to the Board members . B . West Danby Water District ; - Crance reported that the Water Commissioners had met last Sat . re contract proposal for Mt . Danby Inc , The commissioners ° noted that there is some timber ( ash ) on -the land that Mt . Danby Inc . wihhes to lease . What would happen to this timber ? The Commissioners feel that any revenue from this timber should go to the Water District , Discussion of water usage in the proposed Ski Lodge brought out the fact that the lodge would have to pay a Tap fee of $ 150 . 00 plus costs of cutting into ' an * 8 " line . This could be an " expensive proposition " - The Water Commissioners also felt that the lease proposal , should it become a reality , should be reviewed and amended if necessary every five years . Insurance problems were discussed . The Commissioners also feel that the land which the Mt . Danby Inc . would lease should be subject to change if necessary --- that is , if the Water District needed to put in another well or new equipment , the ski runs and ski lifts etc might necessarily have to be moved . There is a need to fence the well house . C'ee Insurance - A . Francis Wright stated that rates are going up on Compensation Insurance . He would like to have the Insurance audit verified . There is some feeling that perhaps Town of Danby should consider another source of Insurance . This was put on agenda . D . Youth a A . Francis Wright reported no activity . Danby Town Board Minutes - April 12 , 1971 - Page 3 Committee Reports cont1d : E . Zoning and Planning - Dorn - no reports F . Fire - Wilbur met with the Fire Commissioners . The biggest problem with parking violations seems to be with the Law enforcement officers . All conditions seem to • be improving . Justice Wright commented that various items in and near the area used by the Justices do not add to the atmosphere of a courtroom . Wilbur to speak to Firemen about these things . G . Cemeteries - Dorn - reported that everything is quiet in this area . OLD BUSINESS : A . Highway Supt - absent B . Zoning Officer - No further reports at this time C . Planning Board - Olsen - Activities have been reported in minutes and. communications . Mr . Olsen met with Frank Liguori re Mt . Danby Inc . . Mr . Liguori to work on it right away and to advise Olsen by next Wed . if any ramifications are advisable . D . Appeals Bd . Chapman : absent , E;. Voting Machines - Supervisor MakienThe Town of Danby Voting machines are outdated and can no longer be repaired as parts • are not available . Costs of new machines discussed . Literature from " Printomatic " was viewed by all interested persons . It was suggested that Supervisor Makie get some quoted from Voting - -Machine sales • companes . . This was put on the agenda for May. F . TV Cable Franchise . - Letter from Thaler re Cerracche Televison Cable was read . Ceracche has crossed town roads . Supervisor Makie to check out reported roads . G. New Highway Barn Progress - This has not been forgotten by the Planning Board - no report at this time . NEW BUSINESS : A. Assessment Local Bd . of Review - Fred Thayer declined his appoint - ment - It is recommended that the Clerk w me to Lawrenceboard . Cortright and ask if he would accept app ( Clerks note : This letter was written and ITeceived Mr . of Cortrights acceptanoe • on April 30 , 1971 . Mr the Board of Assessors was or notified dabyo letter aoffsMay . 7 , n1971 ) The town board approved this B . State Aid Reduction in Youth Program - $ 1600 . 00 reduction for Town of Danby program - There is no definite information on this only what was in the paper . It is recommended that Supervisor Makie contact Assemblywoman Constance Cook for an interpretation and put on May agenda . • C . Alternate Voting Machine Custodian : Supervisor recommended an alternate custodian be appointed to act . in Harry Hatfields absence . A motion was made by Justice Dorn , seconded 'by Councilma�ri Edward Alternate Voting Machine of 5 ayes , no ft _= noes . Aesolution . on issuance of $ 75 , 000 . 00 West Danby Water Dist . / ; 6 ' . Serial Bonds . Resolution was reudcinmits8entirety . n No . was moved by Resolution 5 put to a roll seconded by Councilman Gerald Crance and duly p call vote . The vote was 5 ayes , no noes . • E . County Representative E . J . Miller , Jr . was late in arriving - Supervisor went on to next item on the agenda . Will . come back to this item later . F . Proposed County Road Numbering System- This proposal would be advantageous to to fire districts , water district and Danby own Board Minutes - April 12 , 1971 - Page 4 New Business Cont ' d : F . tax departments . It proposes to generally provide a more efficient system of assessment program in being able to put everything on a computer and by referring to road . numbers . The . County assessor would have records and photo - graphs of every property - properties would be grouped together as clusters for tax purposes - The addresses would be put in the computor and computor would come out with the valuation . County Assessor is non-committal re value of this system to the tax department at this time . City of Ithaca is not to be changed . Supervisor feels that numbering in the Town of Denby should not be changed again . We have a good system now and it could not be improved too much now . Residents of the Town of Denby might get tax notices mailed to them from the County with a different address than the one you are used to in general . New numbering would add to individual expense of changing address on - checks , stationery , car registrations- and one could go on and on for something that would only jeopardize us in as much as others have not done this . E . Erie J . Miller reports : On computerizing of renumbering- the county is moving very slowly and very cautiously on this matter . Danby does not need it . EJM reported that he had received a letter from Mrs . Fred Button in West Danby representing the West Denby Grangg4e littering in the West Denby area . Recommendation that the County be instructed to direct the Commissioner of Public Works to do his job as instructed and and approved by Resolution . The County offered Danby a fee for picking up litter . Denby declined . EJM said he had read Mrs . Buttons letter to the Board of Representatives at their meeting today . It was turned over to a committee for proper action . EJM also notified Bob Howard about it because the Sheriff should be policing these roads and picking up litter . Howard Stevenson originally was supposed to travel these roads at least once a week and pick up litter . The Commissioner of Public Works is appointed and should be instructed to do his job as agreed . Question was asked as to whether there would be any further maintenance on Hillview Road . The County reported they had already spent almost $ 100000 . 00 on that road . They did not anticipate any further work . The problem of the Hillview intersection was brought up . Problem seems to be mainly in snowplowing . The problem really is that it is an unsfe inter- section . , It should be made so that one can turn in . either direction . EJM to talk more seriously about this to the Board . Landfill ApprJch & Cleanup - Supervisor Makie and Co . Rep . Miller have talked to the County about this . The County must be made to live up to the conditions of agreement or tell us they are not going to and why they are not going to carry through . EJM should tell the County that we feel we have been voted out of " sayso " on the Boardand that his position has been reduced so that they can just put their garbage on our roads , that Denby would consider legal action to force them into doing only what they said they would do , per Supervisor Makie . EJM said that he had brought up this whole matter at the meeting of the Board today and yet they did not report it in the Ithaca Journal . He requested the Ithaca Journal reporter present to review the report . EJM says the Board of Representative is having a few problems under the new charter . SPCA - EJM voted against SPCA picking up dogs . Tried to bring this up again but it is illegal to do so until next year . Rep. Miller asked how Denby felt about TC. - 3 . There will be much publicity about it in the next few weeks . T® 3 is moving along fast . G . Landfill Approach Cleanup Enforcement : Wilbur suggested Supervisor Makie write a :letter " as requested by the Denby Town Board'` referring to the original Resolution . There was also a suggestion that a few arrests for littering might help Danby Town Board Minutes - April 12 , 1971 - Page 5 the problem , especially if they were given publicity . Moses Peter wants to stop littering before it gets beyond control . He suggests that the. cQQn�t of over a Highway ' Supt is through the budget . When hen're` i gAts funds for an . item , one should move against it and tell him why . The ultimate control is that a new man can be hired . No further comments by E J Miller . H . Radio and Communications System - Mr: Wintermute gave figures on cost of systems available and recommendations for each of two systems . The frequency for radios is allocated by Albany . The cost would be approximately 1500- 3000 dollars for four mobile units and a base unit . Councilman Crance moved to have Highway Supt Chaffee request a frequency from Albany . Councilman Wilbur suggest ed further checking - also consideration of maintenance costs . Councilman Crance rescinded hi s motion . Put on agenda for May . I Insurance - Jump in rates this year from $ 900 . 00 to $ 1600 . 00 with no explanation or forewarning from Insurance Company . Relations are not satisfactory . Discussion followed with comments from two Insurance agents present i Peters and iker . Mayranets Wright to do some interviewing and shopp ng and report Supervisor Makie suggested that the next meeting be held in West Darby to enable residents on that side of the town to attend the meeting more easily . May meeting scheduled for West Danby Fire Hall . Motion made by Sup Makie , seconded by Wilbur and carried with 5 ayes , no noes . General Fund Warrant # 4 - $ 776 . 33 - Motion by Wright , seconded by Crance that these bills be paid- carried 5 ayes , no noes . Highway Fund Warrant # 4 - 802 . 47 - Motion by Wilbur , seconded by Weight that these bills be paid . carried - 5 ayes , no noes . Water District Fund warrant # 4 - $ 17 . 20 - motion by Crance , second by Dorn that these bills be paid - carried - 5 ayes , no noes . Councilman Crance moved to accept the Supervisors pts asayes , submitted - Motion seconded by Justice Wright carried no . noes . . A motion was made by Councilman Crance to adjourn - seconded by Dorn - carried. - 5 ayes , no noes . Meeting adjourned 11 : 35 PM . Respectfully Submitted , Mildred L . Miller , Town Clerk •