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HomeMy WebLinkAbout1987-08-10TOWN OF DANBY TOWN BOARD MINUTES AUGUST 10, 1987 THE REGULAR MEETING OF TOWN BOARD OF THE TOWN OF DANBY HELD AUGUST 10, 1987 AT THE DANBY TOWN HALL, 1830 DANBY ROAD, DANBY. N.Y. WAS CALLED BY CLMN, RIC DIETRICH AT 8:00 PM PLEDGE OF ALLIANGANCE LED BY CLMN, DIETRICH, PRESENT: RIC DIETRICH COUNCILMAN DOROTHY ROBERTS COUNCILWOMAN ED SHAY COUNCILMAN ABSENT: DONALD BURDICK JUDY TAGLIAVENTO OTHERS PRESENT: MARY CASTERLINE, RICHARD MARISA, STEVE KAMBIC, WA KEN CODDINGTON, JIM ME'YE'RS, ROBE HOVANEC, JOEL GA ROY MILDR LTER DON F RT DU GNON, SUPERVISOR COUNCILWOMAN CASTERLINE, ED L. MILLER SCZEPANSKI, E'NTON, DAVID TCHER, JAMES PAM CLERMON LINDA , DEA CAROL MAST HOVA T AND RECORDING SECRETARY: JOAN BABBITT, TOWN CLERK APPROVAL OF MINUTE'S HOWE, N ECKSTROM, SCZEPANSKI, ROBERTI , NEC, MARGE BOB ROE A MOTION WAS MADE BY CLMN. ROBERTS, SE'CONDE'D BY CLMN, SHAY THAT THE MINUTES OF THE JULY 13,1987 MEETING BE ACCEPTED, 1. ADOPTED: DIETRICH, ROBERTS, SHAY ABSENT_ BURDICK, TAGLIAVENTO A MOTION WAS MADE BY CLMN, DIETRICH, SECONDED BY CLMN, SHAY THAT THE MINUTE'S OF THE JULY 28,1987 PUBLIC MEETING BE ACCEPTED, ADOPTED_ DIETRICH, ROBERTS, SHAY ABSENT BURDICK, TAGLIAVENTO PRIVILEGE OF THE FLOOR DOROTHY ROBERTS STATED SHE ANSWERED THE PHONE AND THAT FRANK PROTO WILL NOT BE HERE TONIGHT AND THE ONLY REPORT HE HAD WAS THAT SAMPLE'S ARE ,STILL BEING TE'STE'D FOR LANDFILL. SHE ALSO STATED THAT LUCY HUTTENE'N, REGARDING WATER BILL FOR PROPERTY THAT THERE IS NO HOUSE ON PROPERTY, ROY CASTERLINE STATED THAT SHE MUST PAY, AFTER DISCUSSION JOEL GAGNON WAS ASKED BY CLMN, DIETRICH READ THE REGULATIONS AND CHECK REGARDING WATER CHARGES, DON FENTON REPORTED THE NOISE AND DISTURBANCES ON COMFORT ROAD, GAVE PHOTOS TO TOWN BOARD AND E'TC, BOARD SUGGESTED HE CALL THE SHERIFFS DEPT, AND THE STATE POLICE, FOR THE LOUD NOISE AND ETC,, THE TOWN BOARD CAN WORK ON SOME OF THE THI.NG.S, DAVID MASTROBERTI ALSO SPOKE REGARDING THE NOISE AND DISTURBANCES, ABOUT THE BUSINESS BEING A VIOLATION OF THE TOWN OF DANBY ZONING AND ABOUT 55 GALLON DRUMS JUST SIT'T'ING AROUND WITH OIL AND METAL AND IT LOOKS LIKE A DUMP, PLUS HE DOES WORK ON VEHICLE'S THAT ARE NOT FAMILY MEMBERS, ALSO THAT THE DOUBLE WIDE HE IS LIVING IN IS A CEMENT BLOCKS AND THEY JUST SKIRTED, WHICH IS A VIOLATION IN THE TOWN OF DANBY. u PAGE 21 TOWN OF DANBY BOARD MINUTES, AUGUST 10,1987 PRIVILEGE OF FLOOR CONT'D RICH 'MARISA QUESTIONED THE PLANS FOR A PET CEMENTARY ON STEAM MILL ROAD, HE HEARD THAT THERE WAS A PUBLIC HEARING REGARDING THE CEMENTARY AND NONE OF THE NEIGHBORS WERE AWARE OF THE MEETING. CLMN, DIETRICH EXPLAINED THAT THERE WAS A A PUBLIC HEARING JULY 28, 1987, AND THAT THE MINUTES OF THAT MEETING WERE AVAILABLE AND HE READ. HE ALSO EXPLAINED THAT THE BOARD HAS NOT GIVEN FINAL APPROVAL AS MR. DUTCHER DOES NOT OWN THE PROPERTY YET, CLMN, DIETRICH SUGGESTED THAT HE SPEAK WITH ROBERT DUTCHER, WHO WAS SITTING NEXT TO HIM, FOR MORE QUESTIONS REGARDING THE PET CEMENTARY. JOEL GAGNON SUGGESTED THAT THE PUBLIC HEARINGS BE ADVERTISED BY THE TOWN SIGN, NEWSLETTER AND ETC., NOT ONLY IN THE ITHACA JOURNAL, CAROL SCZEPANSKI STATED THAT THE ITHACA JOURNAL DID NOT LIST EACH PUBLIC HEARING SEPARATELY, THE PUBLIC HEARING WAS DONE LEGALLY, JIM HOVANEC ASKED WHAT IS BECOMING OF HIS DEVELOPMENT? HE ALSO ASKED WHEN COULD HE EXPECT HIS FINAL PLANS TO BE APPROVED BY THE TOWN OF DANBY? AS HE RECALLS THE LAST MEETING OF THE BOARD, THERE WAS A UNANIMOUS DECISION PENDING THE OUT COME OF THE COURT CASE, ABOUT OLD TOWN ROAD AND THAT CASE AND TWO AFTER THAT WAS IN OUR FAVOR, SINCE THEN WE HAVE PROGRESSED WITH THE ROAD TO THE POINT OF HAVING THE FIRST .PHASE OF THE ROAD AND PROPERTY THAT HAS BEEN SOLD, I PERSONALLY AM BIULDING A HOUSE THERE AND I GUESS I WOULD LIKE TO KNOW IF THE TOWN WAS GOING TO DRAG THEIR FEET NOW THAT I HAVE MADE MY INVESTMENT AND WHEN CAN I EXPECT A SET OF SIGNED DRAWINGS? CLMN. DIETRICH I'M NOT SURE THAT I'M FOLLOWING? JOAN BABBITT: HE HAS A SET OF PLANS UPSTAIRS, WHICH NEEDS A STAMP ON THEM AND DON GRAHAM IS NOT HERE AND I - TRIED TO FIND OUT WHO WAS SUPPOSED TO STAMP THOSE, HE NEEDS A STAMP ON THEM. CLMN. DIETRICH: RIGHT PAM CLERMONT: JIM IN THE FIRST PLACE WE DON'T HAVE A PROCEDURE FOR SIGNING AND STAMPING.APPROVAL.FOR THE PLANS, WHAT WE WOULD BE GIVING YOU WOULD BE COPIES OF THE PLANNED DEVELOPMENT D.ISRTICT ONCE IT IS FINALIZED, THE MINUTE'S OF THE PASSING OF THE RESOLUTION FOR THE PLANNED UNIT DE'VELOPME'NT SAY CONTINGENT %OF':THE;iOUTOOME OF THE LITIGATION CONCERNING OLD TOWN ROAD AND THAT LITIGATION HAS NOT BEEN RESOLVED, JIM HOVANEC: I BEG TO DIFFERENCE ON THAT, PAM CLERMONT: WE'LL, JIM ONE LAWSUIT HAS BEEN STARTED, ONE LAWSUIT"STILL IN LITIGATION, JIM HOVANEC: MAYBE THE LAWSUIT IS, BUT THE COURT CASE THAT WAS BEFORE THE COURT AT THAT TIME WAS DECIDED AND PAM CLERMONT AT THE LAST MEETING MENTIONED THAT THERE WAS SOMETHING, I CAN'T TAKE •'A SWING, I ' VE GOT A HUNDRED THOUSAND DOLLARS INVESTED, THE PEOPLE THAT WERE JUST HERE TALKING ABOUT THE JUNK THEjNEIGHBORS HAVE, I'M TRYING TO IMPROVE THE AREA AND I'M TRYING ADD TAX BASE AND I NE'E'D A DECISION, I CAN'T SIT ON IT, I'VE GOT PEOPLE WAITING TO BUILD HOUSES, I HAVE LAND SOLD, I CAN'T SELL LAND THAT HASN'T GOT FINAL APPROVAL, THE HEALTH DEPT. HAS BASICALLY FINALLY GIVEN APPROVAL, I'VE GOT TEST WELLS DUG, I'M GOING BY THE BOOK, I'VE DONE EVERYTHING LEGALLY AND I'VE COME BEFORE THE PLANNING BOARD, I ' VE TALKED 710 ALL MY NEIGHBORS, WHICH WAS A MISTAKE, .I SHOULD HAVE BY- PASSED THEM, BUT I DIDN'T, I TALKED TO THEM, I NE'E'D AN APPROVAL, .I CAN'T GO ON THE WHIM OF' THE TOWN, THAI' THEY WON'T APPROVE BECAUSE OF THIS OR THIS, I'VE BEEN DRAGGED INTO COURT THREE TIME'S ALONG WITH MY WIFE AND EACH TIME WE HAVE WON THOSE CASES AND WE HAVE WON THEM BASICALLY BECAUSE THE OPPOSITION HAS NO CASE, THIS COULD DRAG ON FOR THREE MORE YEARS IF THE LAWYERS WANT TO HAGGLE OVER THIS THING AND STRING THE THING ON. PAGE 31 TOWN OF DANDY BOARD MINUTES, AUGUST 10,1987 PRIVILEGE OF FLOOR CONT'D PAM CLERMONT: NOW LISTEN JIM, WAIT A MINUTE,'; DON'T SAY THE LAWYERS, OK, I'VE WRITTEN 710 THE ADMINISTRATIVE JUDGE TWO WEEKS AGO ASKING FOR ANOTHER JUDGE, TO BE ASSIGNED TO US. THE JUDGE SAID THE CASE ISN'T GOING TO BE HEARD, I CAN'T DO ANYTHING ABOUT THAT EXCEPT TRY AND GET A NEW JUDGE ASSIGNED. THE WHOLE PROBLEM IS WE HAVE A PENDING LITIGATION, THE TOWN BOARD CAN PUT IT ON THEIR AGENDA TO RE- EXAMINIE THEIR DECISION IF THEY WANT TOO. JIM HOVANEC: TO REXAMINE THE DECISION FOR OLD TOWN, FOE MY DEVELOPMENT? CLMN. DIE'TRICH: THE DECISION-AS` IT STANDS, TAKEN BY BY THE BOARD WAS BASICALLY, WE HAD NO OBJECTIONS AS LONG AS THE ROAD WAS LEGAL AND THAT WAS THE OUTCOME OF THE COURT CASE, THAT HAS GOTTEN CAUGHT UP IN A MESS OF STUFF, BUT BASICALLY THE ISSUE STAYS THE SAME. JIM HOVANEC: OK, JUDGE BRYANT'S DENIAL OF THE INJUNCTION BEFORE THE SUPREME COURT AT THAT TIME SAID THAT WE SHOULD BE ABLE TO CONTINUE WITH OUR DEVELOP- MENT, BECAUSE OF THE SHORT BUILDING SEASON, THAT WAS THE WHOLE CLAUSE, IN FACT WHAT'S HAPPENING THE TOWN IS NOW PUTTING AN INJUNCTION ON SOMETHING YOU'VE APPROVED, 'TO ME, YOU SEND UP SIGNALS, IF YOU DON'T FIGHT JUNK YARDS, PAM CLERMONT: WHAT WOULD JIM HOVANEC: HANG ON JUST A MINUTE, PAM, I'M TALKING DO YOU MIND? IF THE TOWN ALLOWS JUNK YARDS TO GO ON WITHOUT SOME KIND OF INTERVENTION AND THEN WHEN SOMEONE TRIES TO DO SOMETHING DE'CE'NT AND TRIES TO IMPROVE THE COMMUNITY, THEY DON'T ACT ON THAT, YOU DRAG YOUR FEET ON IT, YOU SEND UP SIGNALS, THERE IS OTHER PEOPLE WAITING IN THE WING WORKS, TO SEE HOW THIS DEVELOPMENT IS GOINC. CAN DANDY BE DEVELOPED? IT NE'VE'R HAS BEFORE, ANYBODY THAT WANTS TO GO OUT AND BUILD A HOUSE OR BUY A PIECE OF LAND FROM THEIR DAD OR E'X'PAND, PRETTY MUCH DOE'S IT, ON THEIR OWfk. I'VE DONE IT LEGALLY AND I WANT SUPPORT FROM THE TOWN! PAM CLERMONT: CAN I ASK JIM A QUESTION? CLMN, DIE'TRICH: SURE PAM CLERMONT: WHAT WOULD YOU HAVE THE TOWN DO TO THAT ROAD? JIM HOVANEC: NOTHING! I'M NOT ASKING A THING FROM THE TOWNON THE ROAD, I JUST WANT MY DEVELOPMENT TO BE APPROVED AND A FINAL SET OF STAMPED DRAWINGS, THAT'S ALL I'M ASKING! MARGE HOVANEC: WHAT LIFE IS THE JUDGES STATEMENT ON JUNE It 1987? HE SAYS THE TOWN OF DANDY HAS ISSUED THE NECESSARY PERMIT TO CONSTRUCT HOMES ON OUR PROPERTY, PAM CLERMONT: WHAT THE JUDGE SAYS IN AN OPINION IS NOT A HOLDING ON THE MAIN ISSUE, AS TO WHE'THE'R OR NOT HE WAS GOING TO GIVE A PRELIMINARY INJUNCTION. HE'S MAKING A DECISION ON WHAT THIS TOWN BOARD DID, NOW IF YOU WANT A COPY OF THE PLANNED UNIT DEVELOPMENT THAT SAYS CONTINGENT ON THE OUTCOME OF COURT CASE JIM HOVANEC: I HAVE THAT COPY PAM CLERMONT: LISTEN TO ME, WE CAN GIVE YOU APPROVAL THAT SAYS CONTINGENT ON OUT COME OF LITIGATION. JIM HOVANEC: THAT'S FINE! I JUST WANT TO BE ABLE TO PROGRESS WITH MY DEVELOPMENT, I HAVE A TIME TABLE FINANCE COMMITMENTS, PAM CLERMONT: DO YOU UNDERSTAND YOU CAN'T BUILD ANY HOUSES DOWN THERE? JIM HOVANEC: I HAVE A BUILDING PERMIT, WHY CAN'T I BUILD HOUSES? PAM CLERMONT: ONE HOUSE FOR YOU TO LIVE IN, PRIVATE RESIDENCE, THAT WAS THE TERMS OF THE APPLICATION FOR THAT BUILDING PERMIT, JIM HOVANEC: OK, BUT IF I WANT TO SELL LAND TO SOMEONE ELSE, I HAVE A PIECE OF LAND SOLD THERE, I HAVE A HOUSE COMING IN THAT WILL BE PUT ON THAT LAND, WHY CAN'T I DO IT? PAM CLERMONT: PLANNED UNIT DEVELOPMENT CONTINGENT ON THE OUTCOME OF THE LITIGATION, WHICH EVERYBODY PACE 4, TOWN OF DANBY BOARD MINUTES, AUGUST 10, 1987 PRIVILIGE OF THE FLOOR CONT'D ----------------------------- EXPECTED TO BE IN AUGUST, JIM HOVANEC: IT WAS! PAM CLERMONT: IT WAS NOT! JIM HOVANEC: THE OUT COME OF THE LITIGATION, LOOK AT IT PAM, IT MAY NOT BE THE FINAL- -THE OUT COME OF THE LITIGATION, PAM CLERMONT: WHAT IS'THEtWHOLE ISSUE OF LITIGATION, JIM? WHETHER OT NOT THE ROAD IS ABANDONED, JIM HOVANEC: OK, I'M NOT EVEN QUESTIONING OLD TOWN ROAD! PAM CLERMONT: HAS THAT BEEN DECIDED? JIM HOVANEC: IT'S BEEN DECIDED ON THE TOWN MAP, JUST BECAUSE I SAY I'M GOING TO PUT UP A BLOCKADE ON MUZZY ROAD AND SAY IT ISN'T A TOWN ROAD ANYMORE, THAT DOESN'T MEAN IT ISN'T! PAM CLERMONT: WHAT IF YOU START BUILDING HOUSES DOWN THERE AND.IN SEPTEMBER, JUDGE ELLISON FROM WATKINS GLEN HEARS THE CASE AND DECIDES THAT ROAD HAS BEEN ABANDONED, THEN WHAT ARE YOU GOING TO ASK THE TOWN FOR? JIM HOVANEC: NOTHING I'LL PUT IN A PRIVATE ROAD TO THAT DEVELOPMENT! PAM CLERMONT: WHERE? JIM HOVANEC: I'M NOT GOING TO TELL YOU WHAT I'M NOT PROPOSING ANOTHER ROAD AT THIS POINT, I'M SAYING OLD TOWN ROAD, WE GET FEDERAL HIGHWAY FUNDS FOR THAT ROAD, ITS BEEN ON THE TOWN MAP FOR 100 YEARS WHY SHOULD I THINK ITS ANY DIFFERENT, PAM? IN THE OUTCOME OF THE COURT CASE WHICH WAS DECIDED BY JUDGE BRYANT IN A LEGAL DECISION, THEN THAT WAS TAKEN BACK, THEN WE WENT THE WIDTH OF THE ROAD, WE WON THE LITIGATION ON THAT AND THEN WE WERE DRAGGED INTO COURT FOR CONTEMPT OF COURT CHARGE'S, THAT SAID WE WERE DOING IRRUPUTABLE DAMAGE TO THE ENVIRONMENT AND THAT WAS THROWN OUT, THAT WAS DROPPED BEFORE WE EVEN GOT THERE, THAT WAS THREE COURT CASE'S THAT WE'VE WONa I CAN'T SEE WHY PAM CLERMONT THAT WAS THREE ASPECTS OF THE SAME LITIGATION JIM HOVANEC: OK, BUT WHY SHOULD I THINK I'M GOING TO LOSE, IF I'VE WON THREE PREDIMANARY ONES, THERE IS JUST NO WAY FROM A LAYMAN, I KNOW AS A LAWYER YOU HAVE TO LOOK AT THE NEGATIVE AND YOU HAVE TO SAY WELL IT COULD, MAYBE NOT BE DONE, BUT IF THIS THING, IF SOMEBODY WANTS TO GET AN APPEAL OUT WE COULD WIN THE COURT CASE AND IT COULD BE APPEALED FOR TWO MORE YEARS, DOES THAT MEAN I'VE GOT A GUN TO MY HEAD AND I CAN'T DEVELOP? WHEN I'VE GOT MY MONEY INVESTED AND I'VE GOT TO GET MY MONEY BACK OUT OF IT, DOE'S —THE SIGNALS THE TOWN BOARD SENDS UP TO OTHER DEVELOPERS AND TO OTHER JUNK YARDS IN THE AREA ARE VERY OPEN, IF YOU DON'T DO ANYTHING ABOUT THE JUNK YARD AND YOU STOP A LEGITIMATE DEVELOPMENT, WHAT THE HELL IS THAT TELLING PEOPLE? CLMN. DIETRICH: YOU RIGHT JIM, AS FAR AS YOUR CONCERNS, BUT OUR POSITION HERE, IS TO TAKE EVERY. ONES CONCERN, AND TAKE THE TOWNS CONCERNS, YOU KNOW. YOU HAVE A VIEW IN THE TERMS OF WHAT'S HAPPENING, WE AS THE TOWN BOARD HAVE TO REPRESENT E'VE'RYBODY AND THAT MAY NOT BE TO YOUR ADVANTAGE OR IT MAY JUST TOTALLY FRUSTRATING TO YOU, I THINK IN THE TERMS OF EVERYONE, EVERYONE THAT IS INTO IT, HOW MUCH MONEY GOES INTO IT, HOW MUCH TIME GOES INTO IT, THE WHOLE THING HAS GOT TO BE BALANCED OUT, I KNOW THAT FRUSTRATES YOU TO NO END, WE STARTED SOME KIND OF A DEAL GOING ALONG WHERE WE TRIED TO GET IN AND HELP OUT BY COMMUNICATION, YOU YOU DIDN "T WANT TO DO IT THAT WAY, YOU WANTED TO DO IT YOUR WAY, YOU DIDN'T WANT JIM HOVANEC: YOU KNOW AS WELL AS I DO WHERE YOU GOT WITH THE COMMUNICATION WITH BOTH TEAMS, CLMN. DIETRICH: I FELT -- RIGHT --NO WHERE! JIM HOVANEC: EXACTLY! PAGE 51 TOWN OF DANBY BOARD MINUTES, AUGUST 10,1987 PRIVILICE OF FLOOR CONT'D CLMN. DIETRICH: RIGHT, SO MY ONLY ALTERNATIVE THEN AND THE BOARDS ONLY ALTERNATIVE WAS TO GIVE IT BACK TO THE LAWYERS - -- BECAUSE AS PEOPLE WE WEREN'T GOING ANYWHERE WITH IT -- -AND AT THIS POINT HERE, I WOULD BE WILLING TO FOLLOW PAM'S (TOWN ATTORNEY) SUGGESTION - - -IN TERMS OF TAKING THAT ASPECT OF WHAT WE PUT FORWARD WHEN WE APPROVED THE PLANNED UNIT DEVEGOPMENT,:BRING IT BACK TO THE BOARD -- -WE'LL REVIEW IT AGAIN JIM HOVANEC: ARE YOU IN FAVOR? IS EVERYONE ON THE BOARD IN FAVOR OF THE PLANNED UNIT DEVELOPMENT? YOU VOTED EXCEPT FOR.ED SHAY, EVERYBODY VOTED IN FAVOR FOR IT! IS THE FEELING STILL THAT WAY? OR SHOULD I PULL IT OUT? OR SHOULD I SAY TO HELL WITH THE PLANNED UNIT DEVELOPMENT? WE'RE GOING TO GO FOR A COMMERCIAL JUNK YARD - -OR AM I GOING TO GET SOME COOPERATION FROM THE TOWN BOARD, THAT'S WHAT I WANT TO KNOW! CLMN. DIETRICH: WELL -- - THE TROUBLE IS JIM YOU COME ON SO HEAVY - - -SO DAM HEAVY! JIM HOVANEC: RIC, WHEN YOU HAVE A HUNDRED THOUSAND BUCKS OUT CLMN. DIETRICH: THAT'S NOT MY PROBLEM, THERE'S OTHER THINGS IN THE TOWN, TOO! JIM HOVANEC: YES IT IS'�YOUR PROBLEM, RIC BECAUSE YOU VOTED FOR THE DAM THING! CLMN, DIETRICH: NO IT ISN'T - - -JIM PAM CLERMONT: THERE'S NO ROAD, HOW CAN WE GIVE YOU JIM HOVANEC: THERE IS A ROAD AND THERE HAS BEEN A ROAD. I 'M NOT E'VE'N ASKING THAT, THAT ROAD BE BROUGHT UP TO DATE. I ' VE GOT MY ROADS 710 TOWN SPECS! PAM CLERMONT: NO ONE IN THE TOWN, NO ONE CAN BUILD WHERE THERE IS NOT A TOWN ROAD! JIM HOVANEC: BUT, THERE IS A TOWN ROAD, THERE IS AN OLD TOWN ROAD, UNTIL SOMEONE CAN PROVE THAT IT ISN'T A TOWN ROAD. THERE IS AN OLD TOWN ROAD, IT'S ON THE TOWN MAP -- -IT'S ON MY PROPERTY MAP, THE MAP I COT THERE IS AN OLD TOWN ROAD, THE TOWN ISSUED A PERMIT BASED ON THAT ROAD BEING A TOWN ROAD. IT IS A TOWN ROAD UNTIL IT'S PROVEN NOT TO BE A TOWN ROAD - AND IF THE DAETSCH'S AND THE WRIGHT'S WANT TO SPEND 5 YEARS PROVING IT ISN'T, THAT'S THEIR BUSINESS. IT IS A TOWN ROAD, I HAVE A BUILDING PERMIT, PROVES IT IS A TOWN ROAD AND I'M BUILDING A PLANNED UNIT DEVELOPMENT ACCORDING TO THE PLANS, I SUBMITTED AND ALL I'M ASKING IS SOME COOPERATION FROM THE BOARD, IF THE BOARD HAS TO CO BACK AND AMEND THE MINUTE'S OR WHAT EVER ---TO GET THIS THING APPROVED THEN I WOULD APPRECIATE IT TO BE DONE, CLMN, DIETRICH: WE WILL TAKE THE MINUTES AND WE l� WILL TAKE THEM TO THE BOARD AGAIN AND WE WILL SIT DOWN AND WE WILL COME UP WITH A DECISION TO LET IT STAND OR TO CHANGE IT! JIM HOVANEC: OK, WELL I NEED SOME ANSWERS - -IN THE NEAR FUTURE, IF I LOSE A PROPERTY SALE DOWN THERE I HAVE ALREADY LOST TWO SALES, DUE TO MY NEIGHBORS DRAGGING THEIR FEET, CLMN, DIETRICH: JIM -- -GOOK BECAUSE YOU WENT INTO THIS WITH YOUR HEAD DOWN AND YOU WENT BLASTING ALONG - -- ALRIGHT YOU GOT .YOURSELF .IN A SITUATION- - I'LL BE GOD DAMM IF I'M GOING TO PULL THE TOWN IN ON TOP OF IT, UNTIL I MAKE SURE ALL MY BASES ARE COVERED - -- -AND THAT IS IT!!­-ALRIGHT? JIM HOVANEC: NO - -- IT'S NOT ALRIGHT! CLMN, DIETRICH: HOLD IT! JIM HOVANEC: RIC - CLMN. DIETRICH: I'M NOT GOING TO GO ANYMORE OF THIS - - -IT IS SETTLED-- -WE'LL TAKE THE STUFF- - WE'LL REVIEW IT AND YOU'LL HEAR FROM THE BOARD- - THAT'S IT!! ALRIGHT? ANYONE ELSE WANT TO KNOW? PAGE 61 TOWN OF DANBY BOARD MINUTES, PRIVILEGE OF FLOOR CONT'D AUGUST 10, 1987 : I'M NEW TO THE AREA AND WONDERED ----------------- IF THE SPEED LIMIT OF DANBY ROAD HAS EVER BEEN DISCUSSED IN TERMS OF ENFORCING? CLMN. DIETRICH: PETE, DO YOU WANT TO GO THROUGH THIS, YOU'RE FAMILIAR WITH SPEED LIMITS, I KNOW SOME ABOUT IT, BUT YOU MIGHT KNOW MORE.' PETE CODDINGTON: THE TOWN DOESN'T HAVE ANY RIGHT TO IMPOSE ANY SPEED LIMIT. CLMN. DIETRICH: RIGHT. PETE CODDINGTON: IT HAS TO THROUGH THE STATE, THE ONLY, THE BEST WAY WOULD BE TO PETITION AND PRESENT TO THE TOWN BOARD, CLMN. DIETRICH: ENFORCEMENT YOU CAN TRY, IT IS A PROBLEM ALL OVER THE COUNTY, IF YOU THINK 45 IS TO FAST AND WANT TO DROP IT DOWN, THE ONLY WAY IS TO TRY. THERE IS,A NUMBER OF PEOPLE IN A NUMBER OF AREAS AND ESPECIALLY DURING THE SUMMER AND SPEED IS A REAL ISSUE! FRANK PROTO IS THE REPRESENTATIVE FROM CAROLINE /DANBY, CERTAINLY A LETTER TO HIM, A PHONE CALL EXPLAINING THE SITUATION, ASKING FOR HIS HELP, THERE IS A PROPOSAL IN TO TRY AND GET MORE PERSONEL, MORE SQUAD CARS OUT ON THE ROAD. YOU HAVE A MEMBER OF THE SHERIFFS DEPT. THAT LIVES JUST DOWN THE SOREET FROM YOU, THERE IS MARY CALL, WHO HEADS THE COUNTY BOARD OF REPS, A LE'TTE'R TO HE'R, A LETTER TO THE STATE POLICE, PETE CODDINGTON: THEY ALMOST USE TO LIVE IN DANBY, BUT WITH THEIR RADAR ANYMORE YOU`NEVER SEE THEM. CLMN. DIETRICH: AGAIN I THINK IT REQUIRES SOME EFFORT, BUT IF YOU WANTED TO GsE'T TOGE'THE'R WITH SOME OF YOUR NEIGHBORS, I'M SURE THEY ALL FEEL THE SAME WAY, LET US KNOW, CLMN. DIETRICH: ANYONE ELSE? STEVE KAMBIC, HISTORIC ITHACA: HISTOOIC ITHACA OF TOMPKINS COUNTY HAS A PROGRAM, THE PROGRAM 15%' FUNDED THROUGH THE STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE PROGRAM IS FROM YOUR TAX DOLLARS AND WHAT IT DOES IS IT ALLOWS US TO HELP PEOPLE WITH LOW AND MODERATE INCOME, BASICALLY THE STATE FUNDS ARE FOR OFFICE STAFF AND EXPENSE'S, TO HELP PEOPLE OF LOW AND MODERATE INCOME OBTAIN DECENT AND AFFORDABLE HOUSING, IT DOESN'T MEAN IT HAS TO BE HISTORIC HOUSING, OK? I WANT TO MAKE THAT CLEAR THAT IS WHAT HISTORIC ITHACA IS NOTED FOR, IT IS AN ADVACACY ORGANIZATION TRYING TO PRESERVE HISTORIC LAND MARKS, THAT IS NOT WHY I WAS HIRED, I DO NOT HAVE THE EXPERISE TO DO THAT, My E'XPERTISE IS TO HELP LOW AND MODERATE INCOME PEOPLE AFFORD DECENT HOUSING, THIS IS A.INOT FOR PROFIT CO— OPERATION AND WE ONLY OPERATE IN THE RURAL AREAS OF TOMPKINS COUNTY, THE REST OF THE ORGANIZATION OPERATES COUNTY WIDE. I ONLY SERVE THE RURAL AREAS. ITHACA NEIGHBORHOOD HOUSING SE'RVE'S,' YOU MAY HAVE HEARD OF, DOES WHAT I DO IN THE CITY. WE TRY NOT TO DO THE SAME THING IN THE SAME AREAS, IN THE RURAL AREAS IT IS KIND OF WIDE OPEN, THERE IS SO MANY WAYS OR PLACES YOU COULD.STAIRT ON, IN THIS COUNTY, THERE IS ALOT THAT COULD BE DONE, ONE OF THE THINGS WE ARE PROPOSING TO DO, WE CAN ONLY DO WITH THE CO— OPERATION OF THE TOWN, WHAT WE WANT TO DO IS APPLY FOR STATE FUNDS, I HAVE TO SUBMIT THE APPLICATION NEXT WEEK, FUNDS TO HELP US BUY OLD BUILDINGS AND RENOVATE THEM AND SELL TO LOW AND MODERATE INCOME PEOPLE, WE WOULD DO THIS WITH THE PARTICIPATION OF BANKS. THERE Z'S. "A COUPLE )OF, ;BANKS IN TOWN THAT ARE INTERESTED AND THERE WOULD BE STATE FUNDS, THE STATE WOULD IF WE ARE SUCCESSFUL WOULD PROVIDE $15,000.00 PER HOUSE ON A GRANT BASIS TO HELP LOWER THE RENOVATION COST, SO THAT THE PERSONS COULD AFFORD THE LOAN. I'M LOOKING AT A LOAN WHICH WOULD HAVE VERY LITTLE DOWN PAYMENT, TRY TO MAKE OTHER ARRANGEMENTS WITH CLOSING, COST, ESSENTIALLY ALLOW A LOW TO MODERATE INCOME FAMILY OF FOUR A : PACE 71 TOWN OF DANBY BOARD MINUTES, AUGUST 10,1987 PRIVILEGE OF FLOOR CONT'D ------------------------- A HOUSE WHICH IS FULLY UP TO TODAYS BUILDING CODES, DOESN'T MATTER IF YOUR HOUSE IS BRAND NEW OR IF IT'S AN OLD ONE, THE CODES ARE THE SAME, THERE IS ALOT OF MONEY AND EFFORT THAT HAS TO GO INTO THESE,' THINGS, WE HAVE CONTRACTORS THAT ARE INTERESTED, BUT AT THIS STAGE, _ WHAT I NEED TO DO, IS TO KNOW IF THIS TOWN WISHES TO PARTICIPATE IN THIS PROGRAM, THERE ARE OTHER TOWNS CONSIDERING IT ALSO, WE WOULD BE INTERESTED IN WORKING IN THIS TOWN AND DOING THIS,- ONE OF THE ACTIVITIES THAT CAROLINE'HAS BEEN IS ON THE YELLOW SHEET, VERY SIMPLE, IS TO HELP US IDENTIFY WHERE THESE VACANT PROPERTIES ARE, MY FAVORITE PROPERTY IS ONE THAT IS VACANT AND TAX DELINQUENT, WHEN WE ARE DONE WE GET SOMETHING BACK ON THE TAX ROLLS, UP ,TO CODE AND SO FORTH, WHEN WE CAN DO THAT, THAT IS THE BEST, I ENJOY IT THE MOST, IT'S THE BIGGEST RENOVATION CHALLENGE AND SO FORTH AND WHEN YOU ARE DONE, THE BUILDING SHOULD SURVIVE ALONG TIME, AS I SAID TO MEET TODAYS CODE, ANYONE CAN FILL THESE OUT AND ALL WE ARE TRYING TO DO IS MAKE IT SIMPLE SO SOMEONE CAN TELL US WHERE A VACANT HOUSE IS AND WE'LL TAKE; :OVER. IF YOU KNOW THE NAME OF THE OWNER OR ANY OTHER INFORMATION THAT IS HELPFUL, BUT IF YOU DON'T, GIVE LOCATION, IT WILL GIVE US A START, I DON'T KNOW YOUR COMMUNITY AS WELL AS YOU DO, WHAT I AM ASKING FOR TONIGHT IS CERTIFICATION AND A LETTER OF SUPPORT FROM THE TOWN, IT WILL COST THE TOWN NOTHING. THE APPLICATION WILL NOT BE CONSIDERED BY THE STATE UNLESS THE STATE KNOWS FOR A FACT THAT THE TOWN IS INTERESTED IN THE ACTIVITIES AND THE WAY THE STATE INSURES THAT. IS THEY REQUIRE CERTIFICATION FROM THE TOWN, SO YOU HAVE TO HAVE A MEETING FIRST AND YOU HAVE TO DECIDE A FEW THING ONE IS THIS PROGRAM NECESSARY FOR YOUR .AREA? DO YOU HAVE OLD BUILDINGS? IS THIS SOMETHING THAT LOW AND MODERATE INCOME PEOPLE COULD BENEFIT IN YOUR AREA? DOES THE AREA QUALIFY IS IT ELIGIBLE? MR. KAMBIC EXPLAINED FORMS AND WHO WOULD BE ELIGIBLE. FORMS WERE LEFT FOR PEOPLE TO FILL OUT AND GET IN TOUCH WITH MR, KAMBIC, TOWN BOARD AGRE'E'D THIS IS A WORTH WHILE PROGRAM, COMMITTEE REPORTS EMC: NO REPORT COMMUNITY COUNCIL: NO REPORT HIGHWAY: CODDI.NGTON GAVE A REPORT OF FINISHING BLACKTOPPING MILLER ROAD, GRAVELING STEAM MILL ROAD TODAY, CLEANING DITCHES, FIXING EQUIPMENT, SENIOR CITIZENS: CLMN, ROBERTS REPORTED THAT THEY HAD --------------- GONE TO TWO PLAYS THIS SUMMER AND WAS GOING TO SEE MARK TWAIN, WEDNESDAY. _ ZONING: DOG CONTROL: NO REPORT PLANNING BOARD: JOEL GAGNON WAITING FOR REPORT FROM PAM CLERMONT AS TO HOW TO DEAL WITH THE DEFINITION OF FARM PROBLEM, WATER DISTRICT: ROY CASTE'RL.INE GAVE REPORT AS TO ALL FINE CLMN ROBERTS ASKED HIM TO CALL LUCY HUTANNEN, DICUSSED WATER RATES, FIRE _DISTRICT_ RESCUE CALLS INCREASED COUNTY YOUTH: SESSION WAS HELD FOR THE PEOPLE IN THE DANBY SUMMER CAMP AND RE'CEIVE'D CERTIFICATES, CAMP IS OVER AND THAT WENT WE'LL, IT WAS THE LAST SUMMER FOR US TO USE THE SCHOOL AND WE ARE GOING TO TRY AND MOVE A LITTLE WITH THE POND COMMITTEE AND SEE IF WE CAN FIGURE OUT WHAT IS HAPPENING WITH THE POND THIS FALL, WE DON'T KNOW WHERE DANBY SUMMER CAMP WILL BE NEXT YEAR, BUT WE HAVE A WHOLE WINTER TO FIGURE THAT ONE. I 1 , $ PACE 81 TOWN OF DANBY BOARD MINUTES, AUGUST 10. 1987 OLD BUSINESS OLD TOWN ROAD: CLMN. DIETRICH WOULD LIKE CLARIFICATION OF WHERE WE ARE WITH ALL THIS. PAM CLERMONT: JIM HOVANEC DOESN'T WANT US TO DO ANYTHING WITH THE ROAD, JUST APPROVE HIS PLANNED UNIT DEVELOPMENT, NO MATTER WHAT HE SAYS THE LAWSUIT HAS NOT BEEN RESOLVED. THE ONLY ISSUE IS WHETHER OR NOT THE ROAD IS ABANDONED, HASN'T BEEN SETTLED. OUR POSITION IS IT HAS NOT BEEN ABANDONED! THIS IS BEING CHALLENGED IN COURT AND YOU ALWAYS HAVE TO TAKE THE POSITION THAT AT SOME POINT IT MAY BE DECIDED BY A JUDGE IT HAS BEEN ABANDONNED, I THINK THAT IS RELATIVELY SLIM, HOWEVER IF WE CHANCE JUDGES AND WE WILL HAVE TO BY THE TIME,' +'BECAUSE CURRENT JUDGE SAYS HE IS NOT GOING TO HEAR IT BEFORE HE RETIRES, THE'fNEXT JUDGE MAY HAVE A TOTALY DIFFERENT VIEWuOF WHAT,HAPPENED, JUDGE BRYANT SEEMS TO BE LEANING VERY FAR TOWARDS NON- ABANDONDMENT, I HAVE NO IDEA HOW THE NEXT JUDGE WILL VIEW THE WHOLE CIRCUMSTANCE'S, HE HAS TO START FROM SCRATCH AND WE HAVE TO HAVE A HEARING, I HAVE TRIED TO EXPIDITE THE ASSIGNMENT BY WRITING TO THE ADMINISTRATIVE JUDGE, WHO IS IN CHARGE OF ALL THE JUDGE ASSIGNMENTS AND TOLD HIM THIS SHOULD BE A PRIORTY CASE, EVERYONE IS BEING PUSHED, THE TOWN IS BEING CAUGHT IN THE MIDDLE AND WE NEED TO GET IT RESOLVED, SO WITH ANY LUCK WE CAN GET RE- ASSIGNED TO A NEW JUDGE THIS FALL AND HAVE IT HEARD RATHER THAN NEXT YEAR SOMETIME, IT IS TRUE YOU PEOPLE COULD RECONSIDER YOUR DECISION ABOUT P.U.D. AND MAKE IT NOT CONDITIONAL OF OUTCOME OF LITIGATION, THE PROBLEM WITH THAT AS I .SEE IT IS IF YOU DO THAT AND THERE IS BUILDING DOWN THERE OVER THE WINTER, OVER THE FALL WHICH HAS BEEN PLANNED AND THERE IS INDICATZION THAT THE ROAD HAS BEEN ABANDONED, THE REAL QUESTION IS NOT WHAT HOVANEC DOES, BUT WHAT KIND OF OBLIGATION THEY CAN BRING BACK TO THE TOWN, OKAY YOU APPROVED SOMETHING FOR US, NOW GET US OUT OF THERE, WE NEED ACCESS. I'M NOT SURE WHAT LEGALLY WE CAN DO TO PREVENT THAT, BECAUSE OF A PLANNED DEVELOPMENT DISTRICT CAN'T BE A CONTRACT BETWEEN TWO PEOPLE IT IS A RE- ZONING AND IN RE- ZONING YOU CAN'T SAY JIM HOVANEC AGREES NOT TO HOLD THE TOWN LIABLE IF IN FACR THE ROAD IS DEEMED ABANDONED. YOU CAN'T CONTRACT PLANNED UNIT DEVELOPMENT. WE LEARNED THAT-YEARS AGO, THE NEXT STEP IS TO ENTER INTO SOME KIND OF WRITTEN AGREEMENT WITH JIM HOVANEC, WHERE WE SPELL OUT ALL THE TERMS AND HE ABSOLVES THE TOWN OF DOWN THE ROAD LIABILITIES. IF HE BUILDS AND THERE IS NO ROAD, OBVISOUSLY HE THEN WOULD BE OBLIGATED TO BUILD A ROAD WHERE EVER HE HAS ACCESS OR HE CAN GET ACCESS, WHAT HE TOLD ME IS HE NEVER TALKED 710 BLOCK ABOUT GOING UP THROUGH HIS PROPERTY, THAT IS A POSSIBILITY, BUT I THINK WHAT HE IS THINKING IN THE BACK OF HIS MIND EVEN IF IT IS NOT A TOWN ROAD, HE HAS A RIGHT A -WAY, WHICH MEANS HE CAN BRING IT UP TO SPECS, THEN DEED IT OVER TO THE TOWN AND THAT AGAIN COULD GET INTO A WHOLE NEW BATCH OF LITIGATION AS TO WHETHER HE CAN DO THAT. IT IS TRUE OUR POSITION IS THAT IT IS A ROAD, HOWEVER RIGHT NOW, WE ARE BOUND BY A COURT ORDER SAYING WE CAN'T GO ANY FARTHER THAN CLMN. DIETRICH. THE DITCHES, SO HE WANTS WHICH IS TO LEAVE 15 -20 THE FEET. ISSUE OF THE ROAD, IN THE TERMS OF ANY RESPONSIBILTY ON THE TOWNS PART IN SPECIFICALLY HAVE THE TOWN CHANCE THE WORDING OF THE RESOLUTION, THAT WE GAVE ON THE P.U.D. WOULD IT BE REASONABLE FOR YOU TO CONTACT MR. TAVELLI AND SEE IF SOMETHING COULD BE PUT TOGETHER? PAGE 9, TOWN OF DANBY BOARD MINUTES, AUGUST 10,1987 z OLD BUSINESS CONT'D PAM CLERMONT: THE PERSON I WOULD WANT TO TALK TO BEFORE I TALK TO PAUL TAVSLLI IS THE ATTORNEY OF THE ASSOCIATION OF THE TOWNS, TO SEE WHAT KIND OF LEGAL LEG WE HAVE TO STAND ON, CLMN. DIETRICH: IF WE CAN REMOVE - -- PROTECT THE PEOPLE OF THE TOWN PAM CLERMONT: THEN LET HIM DO THE DEVELOPMENT EVEN THOUGH HE MAY NOT HAVE ACCESS TO OLD TOWN ROAD, THEN THE QUESTION IS DOES HE "NEED A VARIENCE, AS HE DOESN'T HAVE ROAD FRONTAGE? WE ARE SAYING HE DOES HAVE ROAD FRONTAGE AND UNTIL IT IS DEEMED ABANDONED HE DOESN'T NEED VARIENCE, OTHER DISCUSSION WITH PEOPLE PRESENT ON OLD TOWN ROAD, PAM CLERMONT EXPLAINED TOWN LIABILITIES DURING FIRE WITH A 15 FOOT ROAD, EVEN IF JIM HOVANEC SAYS HE'LL FIND HIS OWN WAY OUT. CLMN. DIETRICH -: I'M NOT INTERESTED IN WHAT JIM HOVANEC HAS TO SAY, IN TERMS OF THAT PART. I'M INTERESTED IN SEEING IF WE CAN MOVE THE COURT CASE UP, SEEMS TO BE AT EVERYONES ADVANTAGE GO MEET WITH THE LAWYERS OF THE ASSOCIATION OF TOWNS AND TRY AND KNOCK IT AROUND AND SEE IF THERE IS SOMETHING WE CAN PUT TOGETHER THAT WOULD GET US OUT OF THE PAM CLERMONT: I DON'T SEE HOW YOU CAN GET OUT OF POTENTIAL FOR FIRE OR THAT KIND OF LIABILITY. OLD TOWN ROAD CAN'T BE BROUGHT UP TO SPECS, CLMN. DIETRICH: THE OTHER PART IS WE DO ALLOW HOUSES, INDIVIDUAL HOUSES TO BE BUILT WHERE THERE IS NO ACCESS TO THEM, THERE IS A DRIVEWAY PAM CLERMONT: THAT IS NOT TO SAY YOU CAN'T HAVE A 2 MILE DRIVEWAY, BUT NOT THE SAME AS APPROVING A DEVELOPMENT, MAJOR CONCERN FIRE ACCESS, AFTER MANY PHONE CALLS ".WITH MARGE,' HOVANEC, I TOLD HER THE TOWN COULD CERTAINLY RECONSIDER ITS DECISION AND MAYBE THAT IS WHAT YOU WANT TO DO, PUT ON YOUR AGENDA NOW- -FOR SEPT. MEETING - -I'M SURE IT WILL BE TO LATE FOR THEM FOR WHAT THEY WANT. CLMN. DIETRICH: I WOULD SAY RIGHT NOW THAT IF WE WERE TO MEET, WE DON'T HAVE ENOUGH INFORMATION, UNTIL WE HAVE SOMEWAY OF KNOWING, IF YOU(PAM CLERMONT) CAM BACK TO US AND SAID LOOK I'VE TALKED TO SOME LAWYERS AND I DO HAVE A SINCE THAT WE COULD RESOLVE OURSELVES OF ANY POSSIBLE LITIGATION AND THERE IS A FORM OR A WHOLE PROCESS TO GO THROUGH, SO YOU COULD RESOLVE THE TOWN OF ANY LIABILITY. THAT IS VALUABLE INFORMATION OR YOU COULD COME BACK THE OTHER WAY, LOOK NO MATTER WHAT WE DO, NO MATTER WHAT KIND OF LEGAL HOOPS WE JUMP THROUGH, WE CAN'T RESOLVE OUR- SELVES OF POSSIBLE LIAILITY OF IT. I WOULD SUGGEST WE DON'T, AT THAT POINT. IF WE HAVE INFORMATION WE COULD CALL A SPECIAL MEETING, WE ARE GOING TO HAVE SOME THINGS COMING UP HERE THAT WILL NOT WAIT UNTIL THE SEPTEMBER MEETING. ANYMORE QUESTIONS REGARDING: OLD TOWN ROAD? WHAT ALL THE HOOP -TA -LA WAS ALL ABOUT? NEW BUSINESS _- ��-- v�--- CERTIF WITH S HISTOR IMPROV RESOL U IC TE IC E TI ATI VE IT QUA ON ON OF HISTORIC ITHACA. AFTER DISCUSSION KAMBIC AND PEOPLE PRESENT REGARDING HACA AND TOMPKINS COUNTY EFFORTS TO LITY OF RURAL HOUSING THE FOLLOWING WAS MADE RESOLUTION _t#_ BE IT RESOLVED THAT THE TOWN OF DANBY /W. DANBY HAS DECIDED TO ENDORCE HISTORIC ITHACA AND TOMPKINS COUNTY 1987 FUNDING APPLICATION TO N.Y.S. AFFORDABLE HOUSING CORPORATION'S AFFORDABLE OWNERSHIP DEVELOPMENT PROGRAM PAGE 10, TOWN OD DANBY BOARD MINUTES, AUGUST 10,1987 NEW BUSINESS CONT'D CLMN, MOTION DIETRICH DIETRICH MOVED TO APPROVE, SECONDED BY MOVED TO APPROVE, SECONDED BY CLMN, ROBERTS SHAY" ROBERTS AYE ROLL CALL: DIETRICH AYE ROBERTS AYE SHAY AYE TAGLIAVENTO ABSENT BURDICK ABSENT ADOPTED CONSTRUCTION OF CHAIN LINK FENCE RESOLUTION# BE IT ADVER CONST FENCE BE OP BOARD MEETI RESOLVED TISE NOTIC RUCTION OF SEALED ENED 7PM, PRIOR TO NG AT 8:'00 TO E FOR CHAIN LINK BIDS TO BY THE TOWN TOWN BOARS PM CLMN, MOTION DIETRICH BY MOVED TO APPROVE, SECONDED BY CLMN. AYE ROBERTS SHAY" SECONDED BY ROLL CALL: DIETRICH MOTION AYE BY ROBERTS HIGHWAY AYE ROBERTS, SHAY" SECONDED BY AYE TAGLIAVENTO.' TO ABSENT CLMN. BURDICK PAYMENT ABSENT FOR THE GENERAL ADOPTED APPROVAL OF WARRANTS: A MOTION WAS MADE BY BY CLMN. HIGHWAY BY ROBERTS, FUND SECONDED BY CLMN, DIETRICH TO APPROVE CLMN. PAYMENT TAGLIAVENTO FOR THE GENERAL FUND WARRANT # 8, TOTALING FOR $5,137.71 WEST - -- ------------------------------- DISTRICT, WARRANT - - - ADOPTED: MOTION WAS BY DIETRICH, HIGHWAY BY FUND ROBERTS & SHAY ABSENT: CLMN. SHAY TAGLIAVENTO APPROVE & BURDICK FOR THE A MOTION WAS MADE BY CLMN, DIETRICH, CLMN. SHAY TO APPROVE PAYMENT FOR THE WARRANT #81 TOTALING $7,093.96 ADOPTED: DIETRICH, ROBERTS, & SHAY ABSENT: TAGLIAVENTO & BURDICK SECONDED MOTION WAS BY MADE HIGHWAY BY FUND ROBERTS, A MOTION WAS DIETRICH, MADE BY CLMN, DIETRICH, ROBERTS, SECONDED BY CLMN. SHAY TO APPROVE PAYMENT BURDICK FOR THE WEST DANBY WATER --------------------------------------- DISTRICT, WARRANT #8, TOTALING $ 132 90 - - - -- - ADOPTED: DIETRICH, ROBERTS, & SHAY ABSENT: TAGLIAVENTO & BURDICK A MOTION WAS MADE BY CLMN. DIETRICH, SECONDED BY CLMN, SHAY TO APPROVE PAYMENT FOR HIGHWAY(CHIPS) -------- - - - - -- FUND, WARRANT {(8 , TOTALING $ 1 0, 4 1 3. 34 -------------------------------- - - - - -- ADOPTED: DIETRICH, ROBERTS, & SHAY ABSENT: TAGLIAVENTO & BURDICK PAGE 11, TOWN OF DANBY BOARD MINUTES, AUGUST 10,1987 4 ow APPROVAL OF SUPERVISORS REPORT ADJOURN A MOTION WAS MADE BY CLMN, DIETRICH, SECONDED BY CLMN. ROBERTS TO ACCEPT THE SUPERVISORS REPORT AS PRESENTED, ADOPTED: DIETRICH, ROBERTS, & SHAY ABSENT: TAGLIAVENTO & BURDICK A MOTION WAS MADE BY CLMN, SHAY, SECONDED BY CLMN, ROBERTS TO ADJOURN MEETING AT 9:50 PM MEETING ADJOURNED, RESPECTFULLY SUBMITTED: JOAN BABBITT, TOWN CLERK, DANBY AUGUST 10, 1987 / TOWN OF DANBY TOWN BOARD MINUTES THE REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF DANBY HELD AUGUST 10, 1987, AT THE DANBY TOWN HALL, 1830 DANBY ROAD DANBY, N.Y. WAS CALLED TO ORDER BY CLMN. DIETRICHuAT 8:00 PM. PLEDGE OF ALLI.ANGANCE LED BY CLMN DIETRICH. PRESENT: :RIC1`DIETR1o,CH COUNCILMAN DOROTHY ROBERTS COUNCILWOMAN ED SHAY COUNCILMAN ABSENT: DONALD. BURDICK SUPERVISOR JULIA TAGLIAVENTO COUNCILWOMAN OTHERS PRESENT: MARY CASTERLINE, RO RICHARD MARISA, MIL STEVE' KAMBI.CI WALEE K1.':N CODDI.NGTON, DON JIM MF.YERS, ROBERT HOVANEC, JOEL GAGNO OT'HE'RS . Y CASTE'RL DRED L' : � M R SCZEPAN FENTON, DUTCHER, N, PAM CTS INE, I.T1LE SKI, DA VI JAME ERMO LINDA HOWE R, DEAN ECK CAROL SCZE D MASTROBER S HOVANEC, NT,BOB ROE RECORDING .SECRETARY: JOAN BABBITT, TOWN CLERK ST PA TI MA AN ROM, NSK.I , RGE D APPROVAL OF MINUTES A MOTION WAS MADE BY CLMN, ROBERTS SECONDED BY CLMN. SHAY THAT THE MINUTES OF THE JULY 13, 1987 MEETING BE ACCEPTED. ADOPTED: DIE.'TRICH, ROBERTS SHAY ABSENT: BURDICK, TAGLIAVI?:NTO A MOTION WAS MADE BY CLMN, DI.ETRI.CH, SECONDED BY CLMN SHAY THAT THE MINUTES OF THE JULY 281!1987 PUBLIC MEETING BE ACCEPTED. ADOPTED _ DIETRICH, ROBERTS, SHAY ABSE'NT� BURDICK, TAGLI.AVENTO PRIVILEGE OF THE FLOOR DOROTHY ROBERTS REPORTED THAT FRANK PROTO WILL NOT BE HERE TONIGHT, HE REPORTED TO HER THAT THE SAMPLES ARE STILL BE TESTED FOR THE LANDFILL. ALSO LUCY HUTTENE:N HAD CALLED REGARD I.NG WATER BILL CHARGES. DON FENTON*REPORTED THE NOISE AND DISTURBANCES ON CO1vIFOR'1'ROAD, GAVE .PHOTOS TO THE BOARD, DAVID MASTROBERTI. ALSO SPOKE ABOUT THE COMFORT ROAD SITUATION. RICHARD MARISA QUESTIONED THE PLANS FOR A PET CEMETARY ON STEAM MILL ROAD AND NEIGHBORS BEING UNAWARE OF THE MEETING. 6 JOEL GAGNON ® ON THE TOWN JIM HOVANEC DI.SCU63SION CEMN, DIETR ATT'ORNE.Y TO HOVANEC PRO SUGGESTED T SIGN, NE'WSL ASKED WHAT ON THE FLOOR ICH SAID THA' IF THERE WA CEE'D ON THIS HA T E T T h.; WAS F0T, TOW S AN PUD. TH1: P R AND BECOM LOWED N BOA Y WAY UBLIC E71C. I N G 0 RD WO LE,'CA SPEED:,L.T.M.IT FOR DANBY ROAD DISCUSSED HEARING F HIS G.1i ULD CONS L.LY THE BE ADVE VEL OPME.: N UL2' WITH TOWN -COU RTIZED 9' a THE TOWN ED LET STEVE KAMBI.0 SPOKE REGARDING H.IS'1'ORI.0 ITHACA AND A PROGRAM FUNDED THROUGH THE' STATE OF NY DIVISION OF HOUSING AND COMMUN. ITY RENEWAL. HE WOULD LIKE A CERTIFICATION FROM DANBY IF THEY WISH TO PARTI.C.TPATE IN THE PROGRAM. v COMMITTE.. REPORTS E'MC NO REPORT COMMUM171Y COUNCIL NO REPORT PAGE 2, AUGUST 10, 1987 *6q COMMITTEE REPORTS CONT'D HIGHWAY: PE'T'E CODDINCTON GAVE A REPORT OF FINISHING THE BLACKTOPPING ON MILLER ROAD, GRAVELING STEAM MILL ROAD, CLEANING DITCHES, FIXING EQUIPMENT, SENIOR _CI T.T. SE'E'N— 71 W0 —P 1i MARK TWAIN ZONING NO DOG CONTROL ZHN.S: : CLMN ROBERTS AYS THIS SUMMER AND ON WEDNESDAY. REPORT : NO REPORT REPORTED SENIORS HAD WERE GOING TO SEE PLANN_INC, BOARD: JOEL GAGNON WAITING FOR REPORT FROM PAM— CLE.'RMONT AS HOW TO DEAL WITH THE DEFINITION OF FARM PROBLEM, WATER_ DISTRICT: ROY CASTERLINE REPORTED ALLS WELL. CLMN ROBERTS ASKED TO CALL, LUCY HUT'TENE'N, DISCUSSED WATER RATES, FIRE _DISTRICT: RESCUE CALLS INCREASED. COUNTY YOUTH: TRAINC SESSION WAS HELD FOR THE PEOPLE IN THE DANBY SUMMER CAMP AND THEY RE'CIEVE'D CERTIFICATE'S. CAMP IS OVER AND IT WENT WELT, 17' WAS THE LAST SUMMER FOR US TO USE THE OLD DANBY SCHOOL. WE.' ARE GOING TO TRY TO MOVE A LITTLE.; WITH THE POND COMMITTEE TO SEE WHAT IS HAPPENING WITH THE POND THIS FALL, WE HAVE ALL WINTER TO FIGURE WHERE; CAMP WILL BE HELD NEXT YEAR, OLD BOSSINESS OLD TOWN ROAD: DISCUSSION OF PAM C'LERMONT SAID IT IS ,ST.,f, TOWN;'S LIABILITIES. CLMN DIET TO TALK WITH THE ATTORNEY OF TO FIND OUT WHAT LEGAL LEG WE THERE IS A WAY THE TOWN CAN L BUILDING. AND RELEASE TPE' TOWN NEW BUSSINESS OLD T IN L RICH 7'H Es' A HAVE E' 7' 110 FROM OWN ROAD PUD AND .IT'I.GAT.I0Na DISCUSSED ASKED PAM CLERMON77 SSOCIATION OF TOWNS 710 STAND ON, AND IF VANE'CS MOVE WITH L I.413I L P 0 CERTIFICATION OF HISTORIC ITHACA. AFTIiI? DISCUSSION WITH STEVE KAMBIC AND PEOPLE: PRESENT REGARD cNC HISTORIC ITHACA AND TOMPKINS COUNTY EFFORTS TO IMPROVii QUALITY OF RURAL HOUSING. THE FOLLOWING RESOLUTION WAS MADR: RESOLUTION ff LC'f BE IT RESOLVED THAT THE TOWN OF DANBY /W, DANBY HAS DECIDED TO ENDORSE HISTORIC ITHACA AND T.OMPKINS COUNTY 1987 FUNDING APPLICATION' TO N.Y.S. AF'F'ORD- ABLE HOUSING CORPORATION'S AFFORABLE OWiVE:RSHIP DFiVELOP- MFINT PROGRAM, CLMN. DIETRICH MOVED TO APPROVE, .SE'CONDIir BY CLMN. R0BI:RTS. ROLL CALL DIETRICH ti - - - -- ® A Y _7 ROBERTS ,AYE S' HA, Y AYIi TAGLIAVEIVTO ABSENT BURDICK ABSENT ADUP7'E'D CONS7'RUCTION OF' CHAIN TO Ni W HIGHWAY BARNS RESOL UTIO —# LINK FENCE TO BORDER ROAD BE I7" RE'SOLVIiD 710 ADVERx7'.IZE' NOTICE FOR C'ONSTRUCT.TON OF CHAIN LINK FENCE_ THIS IS A REQUIRMENT OF' I'HE' RIGHT OE' WAY T'0 THE TOWN'S 1,AND ACRO:iS AUTO E: "S LAN T D, SFALED BIDS ' SALVAG 0 B' OPENED, 7 ri, BY THE' 'TOWN BOARD PRIOR 'I'O THE HOARD MEETING SF..'PT. 14, 1987, CLM11. DIETRICH MOVED TO APPROVE', .SECONDi•:D BY CLMN.I7OBE'.RTS ROLL CALL DIETRIC_:Y A1'E OT � 1] El PA -GI 31 ,- MINUTI.:S,; 11 IIG.IJS'I' .10th, 1917 r 9 --R 0T, To CULL CONT!n TACT,]AVE;NTO A13S loo' NT BURDICK ABSb'NT ADOPT!•; D APPROVAL OF WARRANTS A MOTION WAS MADE BY CLMN. ROBERTS, SECONDED BY CLMN. DIA'TRICH TO APPROVE: PAYMENT FOR GI-;RERAL FUND WARRANT 11 81 TOTAr,l -NG $5, 137.71 . ADOPTED: DTI ?TRICH, ROBERTS, SHAY ABSENT: TAGLIAVI?NTO, BURDICK• A MOTION WAS MADIS, 13Y Cr.MN DII'TRICH, •:'9E:CONDE:D BY CLMN. SHAY 710 APPROVE PAYMENT FOR HIGHWAY FUND --------------- - WARRANT #81 TOTALING $ 7109L-3T96— ADOPTED, MOTION WAS {TRICH, DIETRICH, BY BY ROBERTS ROBIiRTS, DIL;TRI.CH, ROBERTS, ROBERTS SHAY A13.SI:NT: SHAY ARS'IiN7'1 TAGTjIAVl.ofNTOj BY TAGLIAVI•:NTO, SHAY 710 APPROVE BURDICK A MOTION WAS {TRICH, MADI•: BY BY ROBERTS C'r,MN. DIL;TRI.CH, ROBERTS, ROBERTS SHAY SECONDED SHAY ARS'IiN7'1 TAGTjIAVl.ofNTOj BY CLMN, SHAY 710 APPROVE BURDICK !"AYMI•;NT FOR WEST DANDY WATER PTSTRICTr--WARRAN7' N 81 TOTALING $ 132.00 ADOPTED, MOTION DII {TRICH, DIIiTRICH, BY ROBERTS ROBERTS, ROBERTS SHAY ABSENT SHAY ARS'IiN7'1 TAGTjIAVl.ofNTOj AT TAGLIAVI:'NTO, PM. BURDICK A MOTION WAS MAD/: BY CGMN.DIIs'7'RICIJ, SIiCONDIiD BY CLMN. SHAY TO APPROVE nAYMI;NT FOR HIGHWAY (CHIPS) FUND WARRANT 118, TOTALING 10,413, 7 34 ADOPTED: MOTION WAS MADE: DIIiTRICH, BY CLMN. ROBERTS, ROBERTS SHAY ARS'IiN7'1 AT TAGLIAVI:'NTO, PM. BURDICK APPROVAL OF C A A A AJOURN SUP lT 0 T LMN. .S• P R DOPT 13 .S E: N IiRV_ISOR'S REPORT ION WAS MADE BY CLMN. DIETRICII, SECONDED BY ROBERTS 790 ACCEPT THE SUPERVISOR'S REPORT 14 SIi NTED . ED: DIE'TRICH, ROBIiRTS, SHAY T: TAGToIAV!•;N'TO, BURDICK A MOTION WAS MADE: BY CLMN. .SHAY ROBERTS TO AJOURN AT 9:50 PM. MI {1•:TING AJ011RNAD RF.SPE:CTFULLY SUBMITTED: JOAN'BABBITT, TOWN CLIiRK t SECONDED BY CLMN.