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HomeMy WebLinkAbout1971-10-11 TOWN OF DANBY TOWN BOARD MINUTES OCTOBER 11, 1971 The regular meeting of the To of Danby Town Board was held in the Danby Elementary School , October 11 , 1971 , at 8 : 05 P . M . Board members present : Supervisor Donald Makie Councilman Gerald Crance Councilman Ralph Wilbur Justice Floyd Dorn Justice A . Francis Wright Also present : Planning Board Chairman Richard Olsen , County Rep - resentative E . J . Miller , Roy Casterline , Elmer French , Clarence French , Mr . & Mrs . Evelien , Sheriff Robert Howard , Mary Oltz , Tompkins County Commissioner of Planning Frank R . Liguori , Mary Miller , County Representative Claude Holden , Ithaca Journal reporter Fred Yahn , Appeals Board Chairman Moses Peter , Zoning Officer Gordon Roberts , former Supervisor of Danby James Cortright , Constable Harold Bernhardt , Dr . Wendell Bryce . 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 . PRIVILEGE OF FLOOR : County Representative Erie J . Miller , Jr . stated that as the County Representative from the Town of Danby he has been requested by Mr . Harris Dates to represent Mr . Dates to the Town Board regarding the Sanitary Landfill situation . Mr . Miller read a copy of a letter sent to Mr . Dates by the Town Board , as well as portions of the minutes of the previous meeting pertaining to the Sanitary Landfill . Miller stated that the men from the County were present because they are perturbed , as he is , because at least two times and possibly three they have , at the county level , tried to work with the Town Board in the Town of Danby and on at least two of these occassions the Town Board has not seen fit to come to any of the meetings where they discuss these things openly . Mr . Miller said he and his wife took a tour from their place around the loop to the Sanitary Landfill this afternoon and decided to pick up all the litter they found . Mr . Miller said they did find a few cardboard boxes , but the majority of the litter consisted of individual beer cans and individual pop cans which he believes were thrown on a hit or miss basis as people drove along . Mr . Miller stated he had spoken with the residents in the vicinity of the Sanitary Landfill area and except for one lady who feels the trucks travel too fast , there were no complaints and the residents felt the present Sanitary Landfill is a great improvement over the former Town of Danby garbage dump . Mr . Miller also stated that he feels the problem of the County Landfill is a new problem for Tompkins County and stated that the County Board of Representa - tives does want to work with the Town Board of Danby and the Town Board of Dryden , where the other landfill is located , and to do their best to cooperate . He said that they have been working on the problem and it has not been dormant . Supervisor Makie said he had attended all evening meetings with the Town Supervisors and the County Board of Representatives , but that some of the special meetings have been held in the daytime when it is impossible for Danby Town Board members to attend because they are working . _ I I, Danby Town Board Minutes - October 11 , 1971 - Page 2 Privilege of Floor Cont ' d : Tompkins County Commissioner of Planning Frank Liguori stated that the County is conscious of the problem . He said he does not believe the problem is as severe as when the Town of Danby was operating its own dump . Supervisor Makie agreed that the conditions at the Sanitary Landfill were certainly much better but he feels that some of the reports of the lack of attendants and the lack of covering should be investigated . Councilman Ralph Wilbur questioned Ithaca Journal reporter Fred Yahn about a litter tour he had taken through the Town of Danby and the Michigan Hollow Road area and Route 96 and the twenty some pictures he had taken of the litter along the roads and litter falling off trucks . Mr . Miller stated that there is no question of there being litter but he feels this problem was also present when the Town of Danby operated their own dump . Supervisor Makie stated that the amount of litter was not the same because the Town of Danby had not had the entire City of Ithaca using the dump operated by the Town of Danby . Mr . Miller said he wants the Sheriff to patrol as much as he can and he wants him to pick up those who are littering and those who are loading their trucks too full , but he is still disturbed that Supervisor Makie did not attend the September 8 meeting regarding this situation . Supervisor Makie said the September 8 meeting was held during the week at 10 o ' clock in the morning when it is impossible for him to attend , but when he has attended these meetings it is always tossed back that every - thing has been done that can be done . Mr . Liguori stated that the County is aware of the problem and is trying to operate the Sanitary Landfill so that it is not a menace to the Town of Danby . Mr . Liguori stated that he did not know what else could be done . They have set in motion , at the county level , everything that they know how to do . The Sheriff has been alerted , the State Police have been alerted , the County Health Department has been alerted . He feels it is the individual that loads up his own truck that is causing the problem . He feels there is no way you can effectively control the problem . Mr . Holden said that as far as the Committee is concerned they would like to cooperate in every way . He questioned how much worse the litter situation is than it was before . The Committee would like to work as closely with the Town Board as they can . Supervisor Makie said he feels that the mood of the Town Board is that we stay on top of this situation and not allow it to degrade and get worse . Now is the time to be thinking of things that we can possibly do and not feel that the problem is at a status quo and the problem solved and everything going along fine because we don ' t want this to happen in our town . He said he feels that it is only through a joint continuing effort and a continuing effort to look for other ideas that we will be able to get . any positive results . He said it does place a lot of stress on our highways having half of the county ' s population running through our town and this is what the Board is concerned about . The litter problem is considerably worse than it was before . The Town Board is expressing the concern relayed to them by the residents of the town . e Danby Town Board Minutes - October 11 , 1971 - Page 3 Privilege of Floor Cont ' d : Mr . Cortright said there is definitely more litter than before and it is because there is more traffic of individual people hauling their own refuse to the County Landfill . Professional haulers all have covered trucks and are very careful about loading their trucks . He said he feels that the only solution is an amendment to have all trucks covered . Mr . Cortright said he realizes that the Sheriff cannon patrol the road constantly , but he feels he could put a car on the road often : . enough that people will not know when he is going to be there and will be more careful . An amendment should be adopted so that everything had to be taken in a covered can or securely fastened plastic bag and if necessary covered as well . Mr . Cortright also stated that the Landfill is located in the Town of Spencer and is fairly well operated . Sheriff Robert Howard stated that they do assign cars to this road . He said littering is a problem all over the county . However , there are only three cars on the road at a time to cover the e ntire county . The Sheriff ' s Department has made several arrests throughout the county for littering . However , they are ✓ ery limited in the amount of manpower available . Moses Peter said that on a wet , rainy miserable Tuesday morning he and Fred Yahn , Ithaca Journal reporter , had started out on the Michigan Hollow Road and had seen at least ten violations by trucks on their way to the Landfill and had taken over twenty pictures of definite littering violations . He said he feels that the problem is not individual homeowners , but regular users o f the Landfill . Mr . Peter said he has been told that arrests are being made for littering , but in checking with the Town of Danby Justices and Town of Ithaca Justice Fred Hartsock he was advised that they have not had any cases of littering in their courts . He said it therefore appears that no arrests are being made even though they obtained pictorial evidence of at least ten violations in one day . Mr . Cortright said that when he referred to individuals he was not referring to individual homeowners , but to individual businesses as opposed to professional trash haulers . He stated again that whatever law governs the situation should be amended so that everyone who goes to the Sanitary Landfill has to have their load covered . This would give the Sheriff a real basis for arrests . Supervisor Makie said Mr . Graves was reluctant to pass an ordinance requiring all loads to be covered . Mr . Liguori said such an ordinance would be impractical . Moses Peter said he felt the purpose .trying to be accomplished was to make the County Board of Representatives recognize that a problem does exist and ask them to take some measure to correct it . The most immediate problem is the litter along the roadways leading to the Sanitary Landfill area . Mr . Miller said that the County Board of Representatives is aware of the problem and is working on it all the time . Mr . Liguori said he is going to research the law regarding this situation . Dr . Broad and the Board of Health are in the process of revising the Health Code regarding the Sanitary Landfill areas . Mr . Liguori said he is going to contact Cornell regarding their trucks and will request the Health Department to get in touch with Wallace Steel regarding their trucks . Sheriff Howard said anyone seeing another person littering can make a citizens Danby Town Board Minutes - October 11 , 1971 - Page LI. Privilege of Floor Cont ' d : arrest . Mr . Peter suggested that articles be put in the paper requesting citizens to cover their loads . Mr . Liguori said this has been done . COMMUNICATIONS : 1 . An amendment of the sales tax regarding the redistribu- tion of the sales tax on the basis of population . 2 . Agenda of the Tompkins County Board of Representatives meeting of September 13 , 1971 . 3 . Agenda of the Tompkins County Board of Representatives meeting of September 27 , 1971 . 4 . Agenda of the Tompkins County Board of Representatives meeting of October 4 , 1971 . 5 . A letter from Hanna . and Hamilton , Inc . , highway material and supply ' company . 6 . A letter from the Area Beautification Council of Tompkins County regarding the appointment of a repre - sentative from the community to serve on this council . 7 . A letter from the State Board of Equalization and Assessments requesting information regarding any requests for a special franchise . 8 . Planning Board Minutes for September 29 , 1971 . ( A copy is attached . ) . PRIVILEGE OF FLOOR : Ralph Wilbur stated to Mr . Miller that the reason that the letter was sent to the County Board of Representatives from the Town Board was that the Town Board did not seem to be able to get any action any other way . iir . Wilbur suggested that the litter could be picked up by the County Highway Department . Mr . Miller stated that the reason for bringing the County men to the Town Board Meeting was so that they could hear the thoughts of the Town Board concerning the Landfill site and the litter , and because there was a meeting held specifically to discuss this situation and the Town Board did not come to the meeting . Mr . Tiller stated that there are several people in the County that are really concerned about the Town Board in Danby and the way it is moving . He stated that he has talked to the other County Representatives and none of them have the problems that he has with the Town of Danby . Supervisor Makie stated that the meeting of September 8 was not set up specifically to discuss this problem , but was set up similar to the other meetings he has attended . Mr . Miller stated that the Town and the County can work as nicely together as the other Town Boards work with the County . Mr . Miller further stated that Gary Lee wants to meet with Supervisor Makie , the Town Board and the Town Committee very soon . Mr . Wilbur stated that he feels the reason the Town of Caroline does not have the problems that the Town of Danby has is that they do not have a Sanitary Landfill in the Town of Caroline . County Representative Miller reported that the budgets in the County are upwards this year and all departments are low on funds and will not have the carryover of funds they have had in the Danby Town Board Minutes - October 11 , 1971 - Page 5 Privilege of Floor Cont ' d : past . The County Budget has not been revealed yet . The Sheriff ' s Department has requested an increase of seven men . He has thirty - six now , but needs more since the jail is full most of the time with an average of thirty- six to thirty- nine prisoners at a time , including approximately twenty on drug charges . Clarence French said he will bring the plans for the Planning Board for a proposed Planned Development District to the Board as soon as they are checked and signed by an engineer . COMMITTEE REPORTS : A . Highway Department - Councilman Ralph Wilbur reported that on the Fisher Settlement Road the Highway Superintendent has about a mile of it gravelled . Councilman Wilbur said everyone should be aware that in our tentative budget for the Donovan Plan it is hinged on whether or not the Transportation Bond Issue is passed on November 2 . If it is not approved there will probably be a cut .of atileast ten percent . On the roads to be regravelled they are deleting the Hornbrook - Marsh Road and adding the $ 7 , 600 included for that onto Miller and Ridgecrest Road to Muzzy Road . There is a . bridge problem on the Hornbrook - Marsh Road that will not meet the Donovan Plan specifications . B . West Danby Water District - Roy Casterline reported that he took the course at Syracuse University and passed the course . He said that there is corrosion in the tank and it should be painted above the water line . He has contacted Austen Water again about the chlorinator . Councilman Gerald Crance said Blatchley and Street have had 3 " plastic pipe delivered . It was pointed out that they must have permission from the State Commissioner of Health . It is believed that Mr . Thaler is taking care of this but Supervisor Makie will check the situation . C . Insurance - Everything is alright . D . Refuse & Collection - Councilman Gerald Crarice questioned Fred Yahn about the possibility of obtaining blow - ups of his litter pictures for publication purposes . It was stated that Dr . Broad does not like the press and it is difficult to get news from his department . PRIVILEGE OF FLOOR : Dr . Wendell Bryce came in late and was given the privilege of floor . He primarily wants peace and quiet in Danby . COMMITTEE REPORTS : E . Youth - Justice A . Francis Wright reported that the budget has been increased . F . Zoning & Planning - They are still looking for someone to replace George Arsenault . G . Fire - Councilman Ralph Wilbur reported that the Fire tax rate will be down $ . 30 per thousand . H . Cemeteries - Justice Floyd Dorn said he had talked with Ed and his bill for taking care of the cemeteries this summer will be about $ 200 . Danby Town Board Minutes - October ii , 1971 - Page 6 OLD BUSINESS : A . . Highway Superintendent - No report . B . Zoning Officer - Gordon Roberts reported that there are actions pending . C . Planning Board Chairman - Richard Olsen stated that he had not submitted the form for the tentative budget . D . Appeals Board Chairman - Moses Peter reported that they have two individuals requesting variances . One is Charles Bruce requesting a variance to establish a body shop . The other is an individual asking for a variance to erect a private residence lacking the required road frontage . The date is yet to be set for the hearings but they will be advertised . E . Town site status - Supervisor Makie stated he has talked with two individuals and there is a possibility of a third site but the figures are not available at this time . F . Zoning Officer Policy - To be presented at the November meeting . G . Cemetery Policy - There was discussion regarding the policy concerning cemeteries and how far the Town responsibility goes . Burial permits are filed with the County . Mr . Peter urged the Board to avoid getting involved with granting per - missions for burials since there are not maps available showing lots in use . Therefore , since there are no maps showing vacancies the Town Board should maintain a policy that the cemeteries are full . Makie will investigate where the jurisdiction of the Town lies . Justice A . Francis Wright made a motion , seconded by Council - man Ralph Wilbur , that the Town maintain a policy that the cemeteries are full , unless a ' Cemetery , Assbciation wantsto take over a cemetery and demonstrates their ability to main- tain perpetual care . The motion was carried by a vote of five ayes and no noes . H . Planning Board Member - Supervisor Makie stated that Lou Ackerman had been suggested at the previous meeting . Richard Olsen will approach Mr . Ackerman . Justice A . Francis Wright made a motion , seconded by Justice Floyd Dorn , to table the matter until the next meeting . The motion was carried by a vote of five ayes and no noes . NEW . BUSINESS : A . Preliminary Budget - The taxes for the Town of Danby will go down approximately $ . 16 per thousand . Councilman Ralph Wilbur made a motion , seconded by Justice A . Francis Wright , to make the tentative budget the Preliminary Budget . The motion was carried by a vote of five ayes and no noes . Justice A . Francis Wright made a motion , seconded by Justice Floyd Dorn , to hold the Public Hearing on Wednesday , November 3 , 1971 , at 8 P . M . , in the Danby Elementary School , if it is available , otherwise in the Danby Town Hall . The motion was carried by a vote of five ayes and no noes . B . Area Beautification Council Appointment - Justice A . Francis Wright will refer this to the Community Council for a recommendation . Danby Town Board Minutes - October 11 , 1971 - Page 7 New Business Cont ' d : C . West Danby Election Inspector - Councilman Ralph Wilbur made a motion , seconded by Justice A . Francis Wright , to appoint Merriam Crance as West Danby Election Inspector . The motion was carried by a vote of four ayes , no noes , and one absten - tion . D . Special Franchise - Supervisor Makie stated that he has called Ceracche but has not received any answer . The letter must be filed before the end of the month . Supervisor Makie will call Ceracche again . E . West Danby Water District - In January Roy Casterline will be appointed as West Danby Water District Supervisor since he has completed the course and will be licensed . It will be necessary to appoint Perry Crance as Meter Reader or Mainten - ance Man , something other than Assistant Supervisor or Operator , or he will also be required to be certified . Justice Floyd Dorn stated that we have to work with the county hand in hand . There were no other ideas except a desire for better representation . Councilman Gerald Crance made a motion to approve a Resolution to modify the Contractural Expense Budget SW8340 . 4 by an addi - tion of $250 from the surplus funds in the account . The motion was seconded by Councilman Ralph Wilbur , and duly put to a roll call vote . The motion was carried by a vote of five ayes and no noes . W ater District Fund Warrant # 10 in the amount of wgro was approved to be paid . The motion was made by Justice A . Francis Wright and seconded. by Gerald Crance . The motion was carried by a vote of five ayes and no noes . G eneral Fund Warrant #10 in the amount of $ S 7 c 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 . Highway Fund Warrant # 10 in the amount of $ Si 5/ 37 was approved to be paid . The motion was made by Councilman Ralph Wilbur anu seconded by Justice Floyd Dorn . The motion was carried by a vote of five ayes and no noes . The motion to accept the Supervisors reports was made by Justice Floyd Dorn and seconded by Justice A . Francis Wright . The motion was carried by a vote of four ayes and no noes . A motion was made by Councilman Gerald Crance and seconded by Councilman Ralph Wilbur , to adjourn the meeting . The motion was carried by a vote of five ayes and no noes . The meeting was adjourned at 11 : 30 P . M . Respectfully submitted , 7/ °M346A] Mildred L . Miller Town Clerk