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HomeMy WebLinkAbout1971-09-13 TOWN OF DANBY TOWN . BOARD MINUTES SEPTEMBER 13 , 1971 The regular meeting of the Town of Danby Town Board was held in the Faculty Lounge of the Danby Elementary School , September 13 , 1971 , at 8 : 00 P . M . Board members present : Supervisor Donald Makie Councilman Gerald Crance Councilman Ralph Wilbur Justice Floyd Dorn Justice A . Francis Wright Also present : Appeals Board Chairman Moses Peter , Zoning Officer Gordon Roberts , Ithaca Journal reporter Fred Yahn , Ed Roberts , Sandra Palmer , Clarence French , Elmer French , Rick Dobson , Linda Vincent , Roy Casterline , Mary Casterline , Bill Scott . The minutes of the regular meeting of August 9 , 1971 , were distri - buted to Board members for reading and correction . The minutes were approved as presented . COMMUNICATIONS : 1 . A letter from Doris Levy , Civil Defense Director , regarding requests for emergency funds resulting from the heavy snow in March 1971 . The Town of Danby has applied for $4 , 000 . 2 . A letter to Supervisor Makie from Frank R . Liguori , Tompkins County Commissioner of Planning , regarding the appointment of a Town of Danby representative on the County Planning Board . 3 . A letter from the State of New York Department of Labor , Division of Industrial Safety Service , regarding the Issuance of a Magazine Certificate to Frank Drury . 4 . A letter from Louis J . Lefkowitz , Attorney General , State of New York Department of Law , regarding Governmental Auto Fleet Sales Antitrust Litigation . 5 . A letter from Assemblywoman Connie Cook , regarding reference material relating to State Aid to munici - palities for sewage treatment . Referred to Planning Board . 6 . A letter to Supervisor Makie from Frank R . Liguori , Tompkins County Commissioner of Planning , regarding the establishment of a County Environmental Planning Council . Ralph Wilbur is to be recommended as a member . 7 . A letter from Hugh Hurlbut , Tompkins County Commis - sioner of Personnel , regarding the application of Tompkins County for funds under the Emergency Employ- 111 ment Act of 1971 . . A letter from the Department of Agriculture and Markets reminding Town Supervisors that Town Boards are re - quired to appoint a Dog Enumerator during the month of September . , Danby Town Board Minutes - September 13 , 1971 - Page 2 Communications Cont ' d : 9 . A letter to the Planning Board from George Arsenault , submitting his immediate resignation from the Planning Board . PRIVILEGE OF FLOOR : Councilman Ralph Wilbur said he felt the Highway Superintendent is due some praise for the job he has done on the south end- of the Fisher Settlement Road . He said he felt it would be worth the time for the Board members to take a look at it and said it would give them an idea as to what the new Erwin Plan specifica - tions will be , as this road will meet the 1972 specs for the Erwin Plan as to width , etc . A gentleman raised a question regarding the zoning of the Harold Rosa property and said he is interested in purchasing the property to build a restaurant . He asked what the procedure would be for obtaining the necessary approval . He was advised that since the property contained over five acres he could apply for a Planned Development District . Supervisor Makie stated that he should submit a complete plan for the entire property to the Town Board , showing his intended use for the Planned Development District . The Town Board asks the Planning Board for a recommendation . The Planning Board would seek the help of the professionals in the County , and see if it was a suitable use of the land and for the good of the Town , etc . Then the Planning Board would make a recommendation to the Town Board . If the Planning Board recom- mended approval it would take four out of the- five on the Town Board to vote it down . If the Planning Board did not recommend approval the Town Board could still approve it if they desired . All costs involved would have to be paid by the developer of the Planned Development District . Moses Peter commented on the Sanitary Landfill situation and the roads leading to it . He feels it is a frightening situation because he sees a steady accumulation of debris along the highway , much of which is presently hidden by the tall grass , but which will be much more noticeable in the fall when the grass goes down . When he was there two weeks ago there was no attendant on duty . There were two different groups of garbage pickers present . On his way back he met many open trucks hauling refuse . Mr . Peters said he felt the County is not doing their job and perhaps the Sanitary Landfill is unworkable and should be closed . It was stated that all parts of the county are suffering from the same problem . Mr . Peters said he felt it was worse in Danby and that they were not receiving any satisfaction from the Board of Representatives . It was suggested that perhaps someone should be sent to the Board of Representatives to discuss the problem . Rick Dobson said he would like a copy of the Town Board Minutes and was referred to the Town Clerk . Roy Casterline presented a letter from the Board of Water Com- missioners of the West Danby Water District to Donald Street and Richard Blatchley , regarding the extension of the West Danby Water District to the property owned by Donald Street and Richard Blatchley . The Water Commissioners of the West Danby Water District are recommending approval of the extension . Some dis - cussion followed , and it was emphasized that all costs must be paid by the developers . Mr . Casterline reported that the West Danby Water District will install a new chlorinator . It. was stated that it would be helpful if payment could be made next year . Mr . Casterline said he - thought it could. be arranged Danby Town Board Minutes - September 13 , 1971 - Page 3 COMMITTEE REPORTS : A . Highway Department - Councilman Ralph Wilbur reported that the bulldozer is back in operation . The bill for repairs is $4 , 959 . 73 . This machine is nine years old and has 7 , 000 hours on it and this expenditure should make it good for at least another five years . The Sandbank Road is completed and approved . The portion of Bald Hill Road is completed and approved and the paper work is in and we should have the checks any day on these . He has started to gravel the Fisher Settlement Road and the rough grading is all completed . This will complete the Erwin Plan and we should be all caught up this fall . A party in town has purchased the property on the southern end of Comfort Road on the west side , the farthest you can go on private land , that borders the state land which is on a very o bsolete road . He has purchased fourteen acres of land and is trying to encourage others to purchase land in the area and is clearing a site and intends to build a year- round home . This is going to cause problems . This road is not in any shape that it can be plowed . There is no place to put the snow as the woods come right to the edge of the road and there are no ditches . Councilman Wilbur suggested the Town Board might want to send a letter to the party involved , putting him on notice that plowing will be impossible , before construction is started . This would be a terrifically e xpensive road to try to put on an Erwin Plan . Will be put on the agenda . Councilman Wilbur reported that the work to be done under the Erwin Plan for next year is proposed as follows : Roads to be rebuilt : Miller Road east from Coddington Road One mile west ; Hornbrook and Marsh Roads one mile from Melchen ' s around loop to East Miller Road ; Ridgecrest Road from Ithaca town line southerly . 9 mile to Muzzy Road . Roads to be oiled and stoned : Gunderman from 96B to Comfort Road ; Valley View Road . 4 mile ; Sandbank Road . 31 mile ; Troy Road from Miller Road to Nelson Road . The total to be spent is $35 , 995 . 00 . A Resolution will have to be passed on this later in the evening . B . West Danby Water District - No report . C . Insurance - Justice A . Francis Wright reported that Bill Scott from Ithaca Agency , Inc . , has reviewed the insurance program and is present to discuss it with the Board . Mr . Scott said he was mainly interested in discussing the Fire Insurance with them as it will be renewed for a three - year period in January . Mr . Scott stated that the Town Barn is presently insured for ( 19 , 500 , and should be insured for $30 , 000 . The rate increase would be $13 per year . The problem building is the Town Hall , due to its age and construction , etc . It has been insured for $17 , 500 for the past three years and Mr . Scott would not recommend any increase in coverage . The ✓ ates have risen from $ 163 per year to $ 231 per year for renewal . The Town Board agreed to insure the Town Barn for ; 30 , 000 and the Town Hall for $17 , 500 . It was agreed to insure the Water Tank for $17 , 000 . The Pump House should be raised to $ 20 , 000 at a cost of X12 . 00 per year . The Bonds will remain the same . Jennings Pond will remain the same . The Automobile Policy will probably remain the same . The Workmen ' s Compensation cost will depend on the payroll . A preferred risk discount is available as we have a good e xperience rating , with only one claim , when the Constable was shot . We paid $ 2 , 627 - - 51 , 4.50 for Workmen ' s Compensation $77 . 00 for the West Danby Water District . Supervisor Makie e xpressed his appreciation for this summary and forecast , Danby Town Board Minutes - September 13 , 1971 - Page 4 Committee Reports Cont ' d : as it will help in making up the budget . Supervisor Makie said he would like Mr . Scott to do this in September each year . Justice A . Francis Wright thanked Mr . Scott for his time and report . D . Refuse Collection - - Councilman Gerald Crance said he had no report but that he does agree with Mr . Peters that the problem at the Sanitary Landfill is getting worse . E . Youth - Justice A . Francis Wright stated that they are getting the information together to reinstate the Youth budget for the 51 , 600 now available . The question was raised as to whether or not a letter had been sent to the State requesting them to take the responsibility for Jennings Pond . Ed Roberts said the parking lot and circular drive should be oiled and stoned . Supervisor Makie stated that this was the respon- sibility of the state and a letter to this effect should be sent to Mr . Ryan from the Community Council . Rick Dobson said he thought pressure should be brought on the Planning Board regarding the purchase of park land for the future and then there would be no problem with the state . Supervisor Makie said the Planning Board had presented a negative report on the acquisition of park land two years ago . Mr . Roberts complained of the Town Constable and said he feels he is not doing his job in the proper manner and said there seems to be unnecessary harrassment in some cases . Supervisor Makie recommended that the Constable should be invited to the Community Council meeting since there might be a problem with a lack of communication . Supervisor Makie stated that the Town is not liable or responsible for what goes on in the Park except when the Town ' s planned community projects for the Youth Program are taking place . We have a limited license to use it for our Youth Program and only during the hours when we are using it are we liable . F . Zoning & Planning - No report . G . Fire - No report . • H . Cemeteries - Justice Floyd Dorn stated that since we have renovated the cemeteries we are getting requests to purchase lots . Justice Dorn said he felt the problem should be studied by the Board and a policy decision reached . It was suggested that since no map is available showing what lots have been used it would be wise to state that no lots are available . Mrs . Melchen has offered to donate more land for the cemetery if the town needs it . Supervisor Makie said that although the town is required to maintain any abandoned cemetery he was not sure the Town should be in the cemetery business . Supervisor Makie suggested that the Town Board mem- bers consider the situation and a decision will be reached at the next meeting . OLD BUSINESS : A . Highway Superintendent - No report . B . Zoning Officer - Zoning Officer Gordon Roberts asked how much had been allotted in last year ' s budget and how much has already been expended , to guide him in planning for next year ' s budget . Supervisor Makie stated that $ 200 was allotted and approximately $175 has been expended . Mr . Roberts said this did not include any mileage for this year . D anby Town Board Minutes - September 13 , 1971 - Page 5 Old Business Cont ' d : C . Planning Board Chairman - No report . D . Appeals Board Chairman - Chairman Moses Peter reported no activity to date . He submitted his budget for next year and said he is anticipating a quiet year . E . Town site status - Supervisor Makie reported that he has heard nothing from Mr . Awad . He has had some discussion with Mr . Hautala , but nothing is definite yet . Mr . Bartholf feels that we could work out something that would be agreeable to everyone . They will put together a proposition for the acquisition of land by next month . Highway Superintendent Chaffee mentioned the possibility of building the Town Barn on Hornbrook Road where the old dump used to be and have the entrance come around to the south and face the Autosalvage Junk Yard . There is a possibility that land owned by Johanson and located south of Awad ' s might be available . The location would be as good as Awad ' s . The Board agreed that Supervisor Makie should see if he is at all interested and try to get an option . Mr . Peters said he has talked with Ken Ash regarding the corner lot , and he is considering but has not made a decision . Rick Dobson suggested that surrounding properties owned by Norm Tidd and John Sheperd should be investigated . Moses Peter will look into these possibilities . F . Zoning Ordinance Fees - At;, a special meeting last month the duties and responsibilities of the Zoning Officer were written out . Supervisor Makie read the finished document and it was revised by the Board as it was discussed . The Zoning Officer ' s Responsibilities will be typed as revised and copies will soon be available . Moses Peter is to write a letter of Board of Appeals policy to aid persons seeking an appeal after rejec - tion by the Zoning Officer . The recommendation was made that effective January 1 , 1972 a $ 2 . 50 administrative fee be charged and the building permit fee be eliminated . Rick Dobson stated that he feels that the Zoning Officer is allowed too much power in deciding which permit applications will be approved . Supervisor Makie stated that the Zoning Officer is strictly limited by the Zoning Ordinance as to what permit applications can be approved . Mr . Dobson said that if the Zoning Officer grants a permit illegally the Town would be liable . Supervisor Makie said he feels Mr . Dobson is mistaken , but that in any event the Town is bonded to cover such instances . Rick Dobson said he feels that he has been done an injustice regarding a building being built by Mr . Maycumber because he feels the permit has been granted illegally . Supervisor Makie said this was not the proper time to discuss the matter . He further stated that if Mr . Dobson felt he had a complaint the Zoning Ordinance contains the proper procedure for him to follow and he should refer the matter to his attorney . NEW BUSINESS : A . Supervisor Makie asked the Board to adopt a Resolution to \\ modify A9040 . 8 Workmen ' s Compensation portion of the budget 4 in the amount of $557 . 00 with a transfer of $557 . 00 from • A1910 . 4 Unallocated Insurance to A9040 . 8 Workmen ' s Compen- sation Fund . A motion to approve said Resolution was made by Justice A . Francis Wright and seconded by Councilman Ralph Wilbur , and duly put to a roll call vote . The vote was five ayes and no noes . B . County Environmental Management Council - Councilman Ralph Wilbur was named to represent the Town of Danby on the County Environmental Management Council . D anby Town Board Minutes - September 13 , 1971 - Page .. 6 N ew Business Cont ' d : C . Budget - A meeting will be held on Monday , October 4 , at 8 : 00 P . M . , at the home of Supervisor Donald Makie to work up a preliminary budget . D . New Erwin Plan Project - Supervisor Makie said he felt the new Erwin Plan reported on by Councilman Ralph Wilbur is financially sound . There is $ 20 , 000 on deposit and $ 25 , 000 on the books . Roads to be rebuilt to new specifications will be $ 21 , 000 and roads to be oiled and stoned $15 , 000 . Reimbursement will be 45% on $21 , 000 , as well as credit for using our machinery . Reimbursement percentage will be less on the roads oiled and stoned . A Resolution of the Town Board is required by Section 220 Article 880 of the Highway Law . Councilman Ralph Wilbur read the proposed resolution as follows : RESOLVED , that the plan prepared at the request of this 3.. Board for the improvement of Town Highways and covering all r projects contemplated by it in pursuance to Article 880 of the Highway Law , as filed in the Town Office of the Town Clerk , Town of Danby , County of Tompkins on this date , and RESOLVED , that copies of such plan be filed in the appro - priate State and County offices , in accordance with the provisions of Section 220 Article 880 of the Highway Law . A motion was made to approve this resolution by Councilman Ralph Wilbur , seconded by Justice '_ A : Francis " Wright and duly put to a roll call vote . The vote was five ayes and _ no noes . The Town Clerk is to mail copies of the resolution to the proper state and county officials :- •t E . Dog Enumerator - After some discussion it was agreed to appoint Harold Bernhart as Dog Enumerator . The vote was five ayes and no noes . F . Planning Board - Supervisor Makie stated that there is a resignation from a member of the Planning Board . Rick Dobson suggested that Mr . Ackerman be considered for the vacancy . It was decided to refer the matter to the Planning Board to see if they had someone in mind . G . Sanitary Landfill Approach - - A motion was made by Councilman Ralph Wilbur to send Moses Peter to the County Board of Representatives to state the feelings of the Town of Danby regarding the misuse of the County Landfill and its approach . The motion was seconded by Councilman Gerald Crance and carried by a vote of five ayes and no noes . A motion was made by Justice A . Francis Wright that the Supervisor write a letter to the County Board of Represen - tatives designating Moses Peter at the Town Board ' s represen- tative on this matter . The motion was seconded by Councilman Ralph Wilbur and carried by a vote of five ayes and no noes . H . Housing on Obsolete Roads - Regarding the building of homes on roads that are obsolete and not in a condition to be plowed or maintained , Supervisor Makie said he will investi - gate the matter . He feels the only procedure is to officially abandon the road . 5 Supervisor Makie made a motion to approve a Resolution to modify b" the Highway Buaget Item 3 - DM5130 . 4 by increasing it $4 , 000 . 00 to enable the payment of major repair bills . The motion was seconded by Councilman Gerald Crance and duly put to a roll call vote . The motion was carried by a vote of five ayes and no noes . A motion was made by Councilman Ralph Wilbur and seconded by Justice A . Francis Wright to appropriate $75 . 00 for Roy Casterline to attend the Water Superintendents School . The motion was carried by a vote of five ayes and no noes . Danby Town Board Minutes - September 13 , 1971 - Page 7 New Business Conttd : Highway Fund Warrant # 9 in the amount of $4 , 454 • 70 was approved to be paid . The motion was made by Councilman Ralph Wilbur and seconded by Councilman Gerald Crance . The motion was carried by a vote of five ayes and no noes . Water District Fund Warrant # 9 in the amount of $90 . 05 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 # 9 in the amount of $948 . 56 was approved to be paid . The motion was made by Justice A . Francis Wright and seconded by Councilman Gerald Crance . 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 Councilman Gerald Crance . The motion was carried by a vote of four ayes and no noes . A motion was made by Councilman Ralph Wilbur and seconded by Councilman Gerald Crance to adjourn the meeting . The motion was carried by a vote of five ayes and no noes . The meeting was adjourned at 11 : 25 P . M . Respectfully submitted , Mildred L . Miller Town Clerk ,