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 ,