HomeMy WebLinkAbout1971-07-12 TOWN OF DANBY
TOWN BOARD MINUTES
July 12 , 1971
The regular meeting of the Town of Danby Town Board was held at
the Danby Town Hall , July 12 , 1971 , at 8 : 20 P . M .
Board members present : Supervisor Donald Makie
Councilman Ralph Wilbur
Councilman Gerald Crance
Justice A . Francis Wright
Justice Floyd Dorn
Also present : Erie J . Miller , Jr . , County Representative ; Clyde
Carrier , Fire Commissioner ; Richari Olsen , Planning Board Chairman ;
Moses Peter , Zoning Appeals Board Chairman ; Fred Yahn , " Ithaca
Journal " reporter ; Mrs . Evelien , Eino Johanson , James Willard ,
Wendell Bryce .
The minutes of the regular meeting of May 10 , 1971 , and the minutes
of the regular meeting of June 14 , 1971 , were distributed to Board
members for reading and correction .
The minutes were approved as presented .
COMMUNICATIONS :
1 . The last meeting of the Danby Planning Board was held
on June 9 , 1971 , prior to the last Town Board meeting .
Therefore , there were no Planning Board Minutes at this
time .
2 . A letter from United. States District Court , regarding
a case with respect to claims in connection with
plumbing fixtures , in violation of the Anti - Trust
Laws . Referred to the Fire Commissioners .
3 . A Notice of Order from the Traffic Engineering and
Safety Division of the State of New York Department
of Transportation regarding an order for a Stop
Sign on Walding Lane .
4 . A letter from Frank R . Liguori , Commissioner of the
Tompkins County Department of Planning , regarding
the status of the Sanitary Landfill Areas .
S . A letter to Supervisor Makie from Commissioner Frank R .
Liguori , of the Tompkins County Department of Planning ,
regarding the intersection of Route 30 and Hillview
Road .
6 . A letter from Roslyn G . McDonald , Acting Director ,
New York State Executive Department Division For
Youth , regarding restoration of the Youth Department
funds .
7 . A letter to Supervisor Makie from the Finger Lakes
State Parks Commission re : Contract #1615- 13
Jennings Pond .
8 . A letter from William L . Sullivan , Business Manager
of the Spencer - Van Etten Central School District ,
re : School Tax Exemptions for elderly persons with
limited incomes .
1
Danby Town Board Minutes - July 12 , 1971 - Page 2
Communications Contfd :
9 . Agenda of the Tompkins County Board of Representa -
tives meeting of July 12 , 1971 .
PRIVILEGE OF FLOOR :
Councilman Gerald Crance asked about the procedure for obtaining
" Slow Children at Play " signs .. Supervisor Makie reported that the
procedure is to apply to the State of New York Traffic Control .
However , past experience has indicated that such signs have no
legal status , and if they are erected the Town becomes liable
f or any incidents involving the signs , in the event someone collides
with such a sign . Therefore , the Town Board has quit installing
such signs .
E rie J . Miller , Jr . , County Representative , reported on the
County Representatives meeting . Most of the discussion involved
the drug problem and the County Drug Coordinator . There was also
discussion on the disposition of Boardman House . The Board of
Representatives heard from an architect regarding the new County
Complex . The cost for remodeling would be approximately 527 . 00
per square foot . It is believed that a new Courthouse Complex
would cost $33 . 00 to $35 . 00 per square foot . There was no
decision reached on the County Drug Coordinator . Councilman
Ralph Wilbur asked Mr . Miller to speak to the Highway Committee
regarding the Erwin Plan scheduling for 1972 . Mr . Wilbur is
having difficulty receiving the required information from Howard
S tevenson .
Gerald Crance spoke abouththe Sanitary Landfill area . He said
he spent some time there_ the other day and saw several trucks
that were not covered . Two of the trucks were large ones , but
most of them were pickups . Supervisor Makie reported that a
meeting was held recently with the Rural Supervisors and the
County Representatives , at which this matter was discussed . He
said Mr . Graves , who is Chairman of the Committee involved ,
stated that his committee had been over the problem a hundred
times and it is impossible to make an ordinance to cover every-
thing regarding the Sanitary Landfill areas . It is their con-
clusion that we have to suggest that the Sheriff and State
P olice patrol more closely .
Moses Peter stated that he feels that the simplest solution to
the problem is being overlooked . He said he feels that the
average citizen is not aware of the ordinance regarding uncovered
trucks and that there is a lack of publicity regarding the
problem .
Fred Yahn , Ithaca Journal reporter , stated that part of the
problem is because the Justices do not advise the paper of the
arrests and convictions in their courts . He said they do not
have sufficient reporters to cover all the Justice Courts .
Councilman Wilbur reported that Dick Chaffee spoke with Howard
Stevenson recently regarding the Hillview Road intersection and
Mr . Stevenson said he had all the papers on his desk and as far
as he was concerned the transfer is in effect .
Mr . Eino Johanson spoke about his road and the zoning . He does
not like the area zoned residential and if they are to remain
zoned residential they want a road to correspond with residential
zoning . Mr . Johanson would like the road gravelled in front of
his house .
Danby Town Board Minutes - July 12 , 1971 - Page 3
Privilege of Floor Cont ' d :
Mr . James Willard also spoke of his road and the zoning . He
would also like to see the zoning . changed . He also wants the
road widened as there is not room for two cars to pass . Mr .
Willard also complained of the dust from passing cars and would
like the road oiled in front of his home . Mr . Willard also
requested a clarification of the zoning ordinance regarding
alterations or remodeling . He understood the ordinance covered
additions , but was advised that a permit was needed before he
could continue remodeling work inside the house .
Mr . Miller stated that with the present emphasis on our ecology
he feels the zoning should be changed to retain the wilderness
areas that still exist . Mr . Miller also stated that he feels
the entire Zoning Ordinance should be reviewed and revamped .
Mr . Willard invited Councilman Ralph Wilbur and the Highway
Superintendent to come up and spend a . half -hour and see what
is needed on their road . Supervisor Makie stated that he is
going to set up a " road tour " such as has been done in the past .
This is to be put on the agenda .
Mr . Johanson questioned the requirement that all new buildings
must contain a minimum of 1 , 000 square feet . He stated that
this makes a large building and stated that many elderly
people do not want or need a building of this size . He feels
that this is why Danby is not growing faster . Mr . Olsen asked
if any figures are available relative to the number of applica -
tions for permits that have been submitted for buildings under
1 , 000 square feet . Supervisor Makie suggested that he contact
Gordon Roberts for these figures .
Mr . James Willard questioned whether the West Danby Fire Depart -
ment had a fire truck that could make it up his hill . It was
his feeling that they did not . Councilman Gerald Crance said
they do have a fire truck that will go up the hill because they
had it up there this spring .
Richard Olsen stated that a clarification is also needed regarding
the minimum lot size in the Zoning Ordinance . The Zoning Ordin-
ance calls for a minimum lot size of one acre . However , the
Zoning Officer has interpreted this to mean in addition to any
road right of ways . Therefore , if a person buys a one acre
lot to build a house , the Zoning Officer has ruled that this
is not large enough . Supervisor Makie Stated that this should
be clarified because he feels this interpretation is in error .
Mr . Clyde Carrier stated that in a question of fire trucks vs .
highway work , highway work is cheaper than new fire trucks .
The Town Justices are happy with the Court facilities in the
Fire House . Mr . Carrier suggested a longer understanding than
six months . The Justice Court Agreement is to be put on the
Agenda .
Richard Dobson raised a question about State land in the Town
of Danby and possibility of a refund from the State for the
8 , 000 acres involved . Supervisor Makie advised Mr . Dobson
that if he wishes to trun the road he is building over tocthe
Town it must be built according to Erwin Standards . The burden
of proof will be on Mr . Dobson and the Town Board will require
a recommendation from the Highway Superintendent before the
Town will accept the road .
Danby Town Board Minutes - July 12 , 1971 - Page 4
COMMITTEE REPORTS :
A . Highway Department - Councilman Ralph Wilbur reported that
on Fisher Settlement Road , the part that is being done this
year , all the rough work is done and they are putting the
culverts in and all that will be needed then is the gravel .
The Sandbank Road has been turned in for inspection . A
good road has been cut into the Fisher Settlement Cemetary .
There is need for track repair on the bulldozer , which is
nine years old . There is an estimate of $3 , 000 to $ 4 , 000
for repairs to the bulldozer , which should prolong the life
of the bulldozer for at least five years . He is waiting.
for rain to put the gravel on Bald Hill Road . The Erwin
Projects will be completed this year .
B . West Danby Water District - Councilman Gerald Crance reported
that he has a letter from the people who put the electrodes
in the water tank , stating that the tank has starte.d to rust
above the water level , and consideration should be given to
cleaning it . Supervisor Makie stated that he believes
there is a guarantee on that . Councilman Crance also
reported that Mr . Winters at the Gas and Electric still
doesn ' t have any information on the high water bill ,
but has assured him that probably starting next week
they will be running three phases out there , instead
of standard . It would cut about one - third off the cost of
the bill , if we went three phase instead of the phase con-
verter . There would be no cost . The pump is a three phase
pump .
C . Insurance Committee - - No report .
D . Refuse Collection & Disposal Committee - - Nothing additional
to what was reported earlier .
E . Youth Committee - - Justice A . Francis Wright reported that
the youth program is proceeding nicely . The Recreation Fund
is on the Agenda .
F . Zoning & Planning Committee - - Justice Floyd Dorn and County
Representative Erie J . Miller , Jr . will attend the Planning
Board Meeting .
G . Fire Committee - - Councilman Ralph Wilbur reported that
three months rental on the Justice Court Room are up with
the fire district .
H . Cemeteries - - Justice Floyd Dorn needs some help to lift
two large monuments in the Bald Hill Cemetery that have tipped
off the base .
OLD BUSINESS :
A . Highway Superintendent - No report .
B . Zoning Officer - No report .
C . Planning Board Chairman - No report .
1
D . Appeals Board Chairman - Moses Peter recommended the appoint -
ment . of Fred Lee to fill the vacancy on the Zoning Appeals
Board .
E . Land Acquisition - Moses Peter reported that he had been
requested to try to locate a site for a Town Barn . • or a Town
Barn and Town Hall . Preference is given by the Planning
•
Danby Town Board Minutes - July 12 , 1971 - Page 5
Board to a site located on a road other than 96B . Sites
available are as follows : There are 12 . 8 acres available
next to Jennings Pond , for a price of 513 , 000 . The price
might be negotiable for the Town . Mr . Awad owns the house
next door , consisting of one acre , which is presently in
the process of being sold on a Land Contract . He would
sell it to the Town for a price of $8 , 000 . The same
gentlemen owns the house and lot across the road from the
present Town Hall , which contains approximately fifty acres .
There is approximately 300 feet of road frontage . The
asking price has been 1325 , 000 , but he would agree to sell
the property to the Town for $ 20 , 000 . While it might seem
like a lot of money , Mr . Peter feels it is reasonable and
offers a solution to many of the future needs of Danby .
It would offer a Town Hall located in the center of the
Town , in conjunction with the Town Barns , all of the storage
room that might be needed and more than adequate room for
future recreational needs . Mr . Peter recommends that if the
Town is interested they request their attorney to obtain an
option before the property is sold elsewhere .
F . Zoning Ordinance Fees - Put on August agenda due to the
absence of the Zoning Officer .
G . Voting Machine Inspector - Put on August agenda .
H . Appoint Appeals Board member - Justice A . Francis Wright
made a motion to appoint Fred Lee to the Zoning Appeals
Board . The motion was seconded by Justice Floyd Dorn and
carried by a vote of five ayes and no noes .
I . Recreation Ski Area - No further information is available
at this time . The project was tabled until August .
J . Rick Dobson raised a question regarding Ceracche ' s TV poles .
Supervisor Makie said the Board could take another look at
the situation .
NEW BUSINESS :
A . Supervisor Makie asked the Board to modify A9040 . 8 Workmen ' s
Compensation portion of the budget in the amount of $ 559 . 00
1 with a transfer of 5559 . 00 from A1990 . 4 Contingency Fund to
frk A9040 . 8 Workmen ' s Compensation Fund for payment of the bill
from Ithaca Agency , Inc . A motion to transfer said funds
was made by Councilman Gerald Crance and seconded by Council -
man Ralph Wilbur , and duly put to a roll call vote . The vote
was five ayes and no noes . Ithaca Agency , Inc . , is to review
the complete insurance program with Justice A . Francis Wright .
B . Supervisor Makie reported that a resolution is needed to
modify item A1910 . 4 Unallocated Insurance in the budget by
transferring $1 , 348 . 00 from A1990 . 4 Contingency Account to
„9{, A1910 . 4 Unallocated Insurance . Justice Floyd Dorn made a
4A motion to approve the resolution for transfer of funds . The
motion was seconded by Justice A . Francis Wright and duly
put to a roll call vote . The Vote was five ayes and no noes .
C . The Town Clerk read - the list of suggested Election Inspectors
as follows : Democratic Party - District #1 - Nora Boda ,
Alice Swartout , Esther Olsen ( alternate ) . District # 2 -
Irene Cortright , Frances Jackson , Wilma Reed ( alternate ) .
Republican Party - District # 1 - Mildred Weitzel , Dorothy
Harris , Lucy Hogben ( alternate ) . District # 2 - Ethel Hunt ,
Helen Fairchild , Tresa Cortright ( alternate ) . A motion to
approve the Election Inspectors as read was made by Justice
Danby Town Board Minutes - July 12 , 1971 - Page 6
New Business Cont ' d :
A . Francis Wright and seconded by Councilman Gerald Crance .
The motion was carried by a vote of five ayes and no noes .
D . Town Hall Repair - Supervisor Makie reported that there are
several problems that should be repaired . He requested the
Board ' s decision whether to undertake the repairs at this
time . Councilman Ralph Wilbur suggested giving the building
to the Youth Program . Moses Peter suggested razing the
building right away . The use of the school and the fire
hall were discussed . Supervisor Makie stated that there is
a limitation on the use of Fire District buildings and School
District buildings by government bodies . He will investigate
the possibilities . It was decided to table the repair of
the Town Hall for the present time .
E . Hillview Road Intersection - A motion was made , seconded
and carried to have the Town Clerk write a letter to the
New York State Department of Transportation regarding the
intersection of Hillview Road and Routes 96B 7 34 .
F . Youth Program Funds - Due to a restoration of funds by the
q` State for recreation funds , the Town of Danby will be
'c receiving 51600 . A resolution was made and seconded , to
rescind the resolution passed at the June 14 , 1971 , meeting
to modify the Youth Department budget , and duly put to a
roll call vote . The vote was five ayes and no noes .
G . Outhouses - Supervisor Makie stated that in regards to the
question regarding the Board of Health and the Sanitary
Code regarding outhouses he will call the Board of Health
f or a clarification .
H . Rezoning of Beech Hill Road - Supervisor Makie stated that
he believed that if a change in zoning is desired the proper
procedure would be for the Town Board to request the Town
P lanning Board to investigate the matter . The Town Planning
Board would in turn ask the County Planning Board for advice .
The recommendation for any change must come from the Town
P lanning Board back to the Town Board . Supervisor Makie
stated that the situation appeared to arise from an imper -
fection in the Zoning Ordinance whereby the definition of
a residence and the accouterments that you expect of a
modern dwelling - - electric power and good highway facilities - -
are not available in an area zoned residential . A motion
was made by Justice A . Francis Wright and seconded by
Councilman Ralph Wilbur , to request the Planning Board to
make a study of this particular area , taking into consid-
eration the lack of power and the condition of the highway ,
etc . , and suggesting that they might check with the County
Planning Department for guidance . Considerable discussion
followed . Councilman Ralph Wilbur said he objected to the
phrase in the motion " this particular area " . He said he
felt whatever changes in zoning might be made intthis area
would also have to be made in other areas of the Town that
have a similar situation . He said he felt that there were
many areas in the Town similar to Beech Hill Road , and cited
a similar situation on Comfort Road where practically all
the land is private property , with no electric power available
and summer - type houses located on the orad . Supervisor Makie
stated that he feels this is the kind of development the
Town is well suited for , where there is a minimum demand for
services , but does produce increased revenues by the use of
the land , which would otherwise remain vacant , and that he
feels this type of use should be encouraged . Councilman
Danby Town Board Minutes - July 12 , 1971 - Page 7
New Business Cont ' d :
Ralph Wilbur said he feels the motion should be re - worded
to cover all areas of the Town with similar circumstances .
Justice A . Francis Wright re -worded his motion to cover all
areas of the Town with conditions similar to Beech Hill
Road . The motion was seconded by Councilman Ralph Wilbur
and carried by a vote of five ayes and no noes .
I . Zoning Fees - There was to have been a report on Zoning
Fees , however , the Zoning Officer was not present . The
report should be ready for the next meeting .
J . Alterations Permit - Supervisor Makie attempted to locate
the portion of the Zoning Ordinance requiring a permit for
alterations , and was unable to find a section requiring such
a permit . It was decided to have a special meeting with the
Zoning Officer on July 19 , 1971 , at 9 P . M . , to discuss the
situation . The Chairman of the Zoning Appeals Board will
also attend the meeting .
K . Road Tour - The road tour for Town Board members will be
held on July 19 , 1971 , starting with Beech Hill Road . The
Town Board members will meet at the West Danby Grange Hall
at 7 P . M .
L . Minimum size of residence - Supervisor Makie stated that he
has been against the 1 , 000 square foot minimum requirement
for years . He requested the Board ' s pleasure regarding
this requirement . The original intent was to encourage
better and more expensive housing in the Town , however , it
appears to be eliminating people at the same times . Richard
Olsen stated he has the subject on his agenda for the
P lanning Board meeting . A motion was made by Justice Floyd
D orn and seconded by Councilman Ralph Wilbur to request the
P lanning Board to review the minimum building size , as it
applies to the Town of Danby , and make a report to the Town
. . -Board with their recommendations . The motion was carried
by a vote of five ayes and no noes .
M . Tompco Housing - Richard Dobson asked what the feelings of
the Board were regarding Tompco housing , as he feels there
will be a lot of applications filed in the future . There
were no comments from Board members . Richard Olsen , Plan-
ning Board Chairman , stated that Mr . Dobson had raised this
question at the Planning Board meeting , and the Planning
B oard had no feelings one way or another , so long as all
applicable laws are complied with .
N . .Justice Court Agreement - A motion was made by Justice Floyd
D orn and seconded by Justice A . Francis Wright to continue
the present arrangement with the Fire District on an indefin-
ite basis , with the privilege of reviewing circumstances
at any time by either party . The motion was carried by a
vote of five ayes and no noes .
0 . Water District Tank Guarantee - Supervisor Makie stated that
he will try to locate the guarantee .
P . Town sites - Supervisor Makie suggested that the Town Board
obtain options on any properties they are seriously consid-
ering purchasing , to insure the availability of the property
and a commitment to the present quoted price . Considerable
discussion followed . It was agreed that options could
probably be obtained for $1 . 00 and if a larger expenditure
was needed a special meeting could be held to discuss the
Danby Town Board Minutes - July 12 , 1971 - Page 8
New Business Conttd :
situation . A motion was made by Justice A . Francis Wright
and seconded by Councilman Gerald Crance authorizing
Supervisor Makie to obtain $ 1 . 00 options on the desired
properties . The motion was carried by a vote of five ayes
and no noes .
The Caroline Open House will be Wednesday night .
Supervisor Makie will check on the availability of the school
for Town Board meetings .
Highway Fund Warrant # 7 in the amount of 3589 . 97 was approved
to be paid . The motion was made by Justice Floyd Dorn and
seconded by Councilman Ralph Wilbur . The motion was carried
by a vote of five ayes and no noes .
Water District Fund Warrant # 7 in the amount of $18 . 24 was
approved to be paid . The motion was made by Councilman Gerald
Crance and seconded by Justice A . Francis Wright . The motion
was carried by a vote of five ayes and no noes .
General Fund Warrant #7 in the amount of $3 , 026 . 77 was approved
to be paid . The motion was made by Justice A . Frandis Wright
and seconded by Councilman Ralph Wilbur . The motion was carried
by a vote of five ayes and no noes .
The motion to accept the Supervisors report was made by Justice
A . Francis Wright and seconded by Justice Floyd Dorn . The
motion was carried by a vote of four ayes and no noes .
A motion was made by Justice A . Francis Wright to adjourn the
meeting . The motion was duly seconded and carried by a vote
of five ayes and no noes .
The meeting was adjourned at 10 : 30 P . M .
Respectfully submitted ,
720114_ 401....4A,
Mildred L . Miller
Town Clerk