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HomeMy WebLinkAboutTB Minutes 1969-03-10REGDLAR MEETIIK} TOWN BOARD MARCH 10, 1969 AGENDA 1, Call to Order 2m Approval of Minutes dated February 10, 19^9 3. Minutes (January 13, 19^9) James W, Boodley Arnold Albrecht 4. Approval of Warrants dated March 10, 19^9 5. Reports A. William Prandsen, Property B. Removal of equipment from Snyder Hill Water C. Lucente, Zoning Inspection D. Maurice Marion—$60«00 E. Manhole Inspection—Northeast area P. Horses—160 Poole Road 6. Renew Bond Anticipation Notes; A. South Hill Sewer District for $300,000.00 due March 25, I969 at 3 3/4^. (Note #1) B. South Hill Sewer District - Ext. 1 for $105,000.00 due March 25, 19^9 at 3 3/4^. C. South Hill Sewer District - Ext. 2 for $130,000.00 due March 25, 19^9 at 3 3/4?^. D. 2nd South Hill Water District for $270,000.00 due April 25, 1969 at 3 3/4?^. (Note #1) E. 2nd South Hill Water District - Ext. 1 for $58,000. due March 25^ 19^9 at 3 3/4^. P. 2nd South Hill Water District - Ext. 2 for $13,000. due March 25, 19^9 at 3 3/4$^. 7. Adoption——Local Law #2 Reapportionment Ton^kins County 8. Public Hearing* — South Hill Sewer District — $185,000.00 (4:30 P.M. — City Council Room) 9. Eastern Heights Inc. Request for Public Hearing on April l4, 19^9 Re zoning—Northeast of Snyder Hill Road 10. Snyder Hill Road Water District Final Estimate 11. East Ithaca Water— Final Estimate 12. Deeds: Authorization for Tompkins County to convey deed to Town of Ithaca (25 x 254 Ft.) Road Ext. 254 Ft. for Indian Creek 13* Unfinished business and general orders 14. New Business 15. ADJOURNMENT V. RESOLUTION 3^0 - VIOLATION OF ZONING LAWS-LUCENTE Supervisor Kerr made the motion, seconded by Councilman Desch that the Board take Legal Action against Developer Lucente. An injunction and an order for Tenant Eviction, where Lucente has broken laws of the Zoning Ordinance. Inspection by Zoning Officer David Cowan and all action is to be immediate. An all aye" vote carried. James Buyoucos, Attorney spoke against this measure. Letters - Payment of Retainage Pee Slaterville Road Sewer District Project 1302-8 Marion Morey $60.00 due from C.N.Y. Construction Corp. These letters were turned over to Lozier Engineer James S. Dunlop for inspection before action would be taken. Petition Letter - Horses 160 Poole Road Petition Letter was given to David Cowan for inspection of the situation. Meeting adjourned at 6:10 P.M. The Morse Chain Easement came in the mail February 11, 196^, Edward P. Riley Town Clerk n 2/10/69 MARCH 10, 1969 Minutes of the Regular Monthly Meeting of the Town Board of the Town of Ithaca held March 10, I969 at the Town Offices, 108 E. Green St., Ithaca, New York commencing at 4:00 o'clock P.M. PRESENT; ABSENT: ALSO PRESENT: William B. Kerr, Supervisor Noel Desch, Councilman Victor DelRosso, Councilman Harry U. Baker, Councilman Andrew W. McElwee, Councilman John Barney, Attorney James Dunlop, Lozier Engineer Marion Morey, Highway Sup't. Edward P. Riley, Town Clerk Otto B. Schoenfeld Frederick Beck Douglas Lathwell Michael Soloway Mrs. Clarence Carlson Mrs. Thomas Hughes Rocco Lucente Sue Strandburg, Ithaca Journal Neil Littauer, WTKO A1 Hoffer, Jr. Thomas Mills Jack Martin John Perko Richard Berggren The meeting was called to order by William B. Kerr, Supervisor. RESOLUTION 361 - APPROVAL OF MINUTES Motion was made by Supervisor Kerr and seconded by Councilman DelRosso that the minutes of February 10, I969 as submitted by the Town Clerk be approved. An all "aye" vote carried, RESOLUTION 362 - PLANNING BOARD APPOINTMENTS January 13, 196^ Supervisor Kerr made the following motion, seconded by Councilman Desch that since the appointments of James W. Boodley of 199 Townline Road and Arnold Albrecht of l43 Northview Road, made on January 13, I969 as members of the Planning Board to fill the unexpired terms of Jim Lacy and John Vasse were omitted in the January 13^ I969 minutes. We whereby ratify our approval that those appointments of that date be recorded in the minutes of February 1969- An all "aye" vote carried. RESOLUTION 363 - WARRANTS APPROVAL Voted Resolved to approve warrants dated March 10, I969 in the following amounts: General Fund $28,083.4? Highway 5,366.16 East Ithaca Water District 1,540.00 Slaterville Road area Sewer District 453.78 Snyder Hill Road Water District 1,667.20 2nd South Hill Water District 4,504.00 Duly voted and passed. REPORTS: A. William Frandsen No favorable action yet B. Equipment removed from Snyder Hill C. Lucente report Mr. David Cowan, Zoning Officer reported violations, and Attorney John Barney stated an order would be filed on Rocco Lucente to show cause by March 2?5 why he should be cited for contempt of court. D. Maurice Marion received $60.00 due him. Paid by Lozier Engineer, Inc. E. Inspection in Northeast Area by Engineers One damaged manhole Will be repaired in the immediate future. F. Mr. David Cowan reported that the horses at I60 Poole Road which caused displeasure to some of the nearby residents were being removed by the owners. RESOLUTION 364 - RENEW BOND ANTICIPATION NOTES A motion was made by Supervisor Kerr and seconded by Councilman Desch that the Board approve renewal of the following Bond Anticipation Notes: A. South Hill Sewer District for $300,000. due March 25, 1969. (Note #1) B. South Hill Sewer District-Ext. 1 for $106,000. due March 25^ I969 C. South Hill Sewer District-Ext. 2 for $130,000. due March 25, I969. 3/10/69 60 D. 2nd South Hill Water District for $270,000.00 due April 25, 1969. (Note #1) E. 2nd South Hill Water District-Ext. 1 for $58,000.00 due March 25, 1969 F. 2nd South Hill Water District-Ext. 2 for $13,000.00 due March 25, I969 and the Supervisor be authorized to execute such renewals and such other instruments as may be legally required to effect such renewals. A vote was taken with the following votes cast: Supervisor Kerr aye Councilman Desch aye Councilman DelRosso aye Adoption Local Law # 2 Reapportionment Plan for Tompkins County Supervisor Kerr explained the recently passed reapportionment Plan for Tompkins County. He also outlined on the election map the new changes in certain of the Town of Ithaca election districts. PUBLIC HEARING SOUTH HILL SEWER DISTRICT INCREASE $185,000. Proof of Notice having been presented, the Public Hearing on the South Hill Sewer Increase of $105,000 was called to order at 4:30 P.M. by William B. Kerr, Supervisor. Frederick Beck, Douglas Lathwell, Michael Soloway, A1 Hoffer, Jr., I ^ Thomas Mills, Jack Martin, John Perko, Richard Berggren, Mrs. Thomas Hughes appeared for the Hearing. Mr. Martin, Mr. Holler and Mr. Lathwell asked if it would be possible to recover any of the additional costs and could the firms involved in the construction be considered responsible, or even some what responsible for the increased expenditures. Supervisor Kerr, with additional comments by Councilman Desch and Councilman DelRosso, explained the Town was presently attempting to negotiate with the firms involved and the Board was also in the process of collecting data in the event a suit was initiated by the Town. In such an event it would then be a matter for the courts to decide. One firm did offer to meet some of the costs but there was no acceptance, since there is still a question of how much money would be satisfactory. All present at the hearing appeared satisfied with the Boards actions in trying to recover costs. Mr. Kerr then stated the purpose the Hearing was to discuss the increase and would anyone like to speak for or against the increase. No one spoke against the increase and: all persons desiring to be heard having been heard, the hearing was terminated at 5:15 P.M. and the following action was taken. nSupervisorKerrmadethemotion, seconded by Councilman DelRosso that the Resolution as follows be adopted. 3/10/69 I I RESOLUTION 365 - RESOLUTION, ORDER AND DETERMINATION INCREASING THE MAXIMUM AMOUNT PROPOSED TO BE EXPENDED FOR SOUTH HILL SEWER DISTRICT FROM $840,000 TO $1,025,000. SUBJECT TO A PERMISSIVE REFERENDUM. At a regular meeting of the Town Board, held at the Town of Ithaca Offices in the City of Ithaca , Tompkins County, New York, on the 10th day of March, 19d9, at which the following members of the Board were present: William B. Kerr, Supervisor Noel Desch, Councilman Victor DelRosso, Councilman and at which the following members of the Board were absent: Andrew W. McElwee, Councilman Harry U. Baker, Councilman In the Matter of the Establishment of the SOUTH HILL SEWER DISTRICT In the Town of Ithaca. County of Tompkins and State of New York, pursuant to Article 12^ of the Town Law. WHEREAS the South Hill Sewer District has been duly established as a sewer district in the Town of Ithaca pursuant to Article 12-a of the Town Law, the Final Order establishing said district having been adopted on the 12th day of December 1966, and recorded in the Tompkins County Clerk's Office on the l4th day of December, I966, and all provisions of law required for the establishment of said district having been duly complied with, and WHEREAS by resolution adopted on February 10, 19^9, the i Town Board ordered that the Town of Ithaca hold a public hearing at the Common Council Room, City Office Building, at IO8 East Green Street in the City of Ithaca, New York, on the 10th day of March, I969 at 4:30 P.M. on that day to determine whether or not it is in the public interest to authorize an increase in the maxi mum amount proposed to be expended for the improvements in said district by authorizing an increase of $185,000 so that the maxi mum. amount shall be $1,025,000 instead of $840,000, and to hear all persons interested in the subject thereof and to take such action thereon as is required or authorized by law, and WHEREAS such Order was duly published and posted as required by law, and WHEREAS a hearing on said matter was duly held by said Town Board on the 10th day of March, I969 beginning at 4:30 P.M. on that day at ths Common Council Room in the City Office Building at 108 East Green Street in the City of Ithaca, New York, and full discussion of the matter having been had, and all persons desiring to be heard having been duly heard, and WHEREAS an application was made to the State Department of Audit and Control by the Town Supervisor requesting the Comptroller of the State of New York to approve the increase of the maximum amount as stated in the aforesaid Order for Public Hearing, and the Comptroller of the State of New York having approved the aforesaid increase in maximum amount from $840,000 to $1,025,000 by Order dated February 4, I969, and ALL OTHER APPLICABLE PROVISIONS OF LAW having been com plied with, IT IS RESOLVED, ORDERED AND DETERMINED: 3/10/69 62 A. That the Order of Public Hearing was published and posted as required by law, and is otherwise sufficient. B. That the approval of the Comptroller of the State of New York for the above increase in maximum amount has been obtained, C. That it is in the public interest to authorize the increase of the maximum amount as hereinabove set forth and such maximum amount is hereby increased from $840,000 to $1,0253000, and it is FURTHER RESOLVED that this resolution, order and determination is subject to a permissive referedum as provided in Section 209-h of the Town Law. The adoption of the foregoing resolution was duly put to a vote, and upon roll call, the vote was as follows: William B. Kerr ^Supervisor voting aye Noel Desch Councilman voting aye fT r\ Victor DelRosso ^Councilman voting aye Councilman voting aye Councilman voting aye The resolution was thereupon declared duly adopted. Dated: March 10, 1969. STATE OF NEW YORK : COUNTY OF TOMPKINS i TOWN OF ITHACA : I, EDWARD P. RILEY, Town Clerk of the Town of Ithaca, Tompkins County, New York, do hereby certify that I have compared the preceding order with the original thereof filed in my office at lOB East Green Street in the City of Ithaca, Tompkins County, New York, and that the same is a true and cor rect copy of said original and the whole thereof. I further certify that all members of the Town Board had due notice of the meeting at which said resolution was accepted. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of said Town, this 10th day of March 1969. TOWN CLERK OF THE TOWN OF ITHACA 3/10/69 TOMPKINS COUNTY, NEW YORK dJ 9^ RESOLUTION 366 - SNYDER HILL ROAD Resolved that final estimate and billings as presented to Board be accepted and payments be made as advised by Lozier Engineers. Councilman Desch made the motion^ seconded by Supervisor Kerr with an all "aye" vote carrying. RESOLUTION 367 - EAST ITHACA WATER Resolved that final estimates and billings as presented to Board be accepted and payments made as advised by Lozier Engineers. Councilman Desch made the motion^ seconded bj' Supervisor Kerr with an all "aye" vote carrying. RESOLUTION 368 - INDIAN CREEK ROAD ACCEPTANCE OF DEED FROM TOMPKINS COUNTY TO TOWN OF ITHACA A motion was made by Supervisor Kerr and seconded by Councilman Desch that Town accept the deed from Tompkins County to Town of Ithaca (25 X Ft.) Road Ext. for Indian Creek Road as conveyed. A vote was taken with the following votes cast: Supervisor Kerr-- aye Councilman Desch aye Councilman DelRosso aye RESOLUTION 369 - EASTERN HEIGHTS INC-REQUEST FOR PUBLIC HEARING This was a short discussion. Councilman DelRosso thought more study was needed to further assess the situation. Councilman:. Desch agreed and also favored having another traffic count at the corners of Snyder Hill Road and Pine Tree Road taken. Supervisor Kerr concurred: Resolved that request for public hearing on April 14, I969 be Denied. Duly passed. RESOLUTION 370 - TRAFFIC COUNT Councilman Desch moved that the Planning Board be advised to have a traffic count taken at the Snyder Hill and Pine Trees corners with a report for the April 14, I969 Town Board Meeting. Seconded by Councilman DelRosso and unanimously approved. RESOLUTION 371 - SCHOENFELD-CHRISTOPHER CIRCLE Supervisor Kerr made the motion that Otto B. Schoenfeld be officially authorized to complete road at Christopher Circle Extension. Seconded by Councilman Desch. An all "aye" vote carried. 3/10/69 64 RESOLUTION 372 - LIGHT-CORNER OP CODDINGTON ROAD AND JENNIFER DRIVE Voted Resolved to have light at corner of Coddington Road and Jennifer Drive. Duly voted and passed. Supervisor Kerr appointed Councilman Desch to represent the Town of Ithaca at the Tompkins County meeting on sewers to be held at the Court House. Meeting duly adjourned, at 6:15 P.M 3/10/69 Edward P. Riley Town Clerk APRIL 14^ 1969 Minutes of the Regular Monthly Meeting of the Town Board of the Town of Ithaca held April 14, I969 at the Town Offices, 108 E. Green St., Ithaca, New York commencing at 4:00 o'clock P.M. ALSO PRESENT: PRESENT: William B. Kerr, Supervisor Noel Desch, Councilman Victor DelRosso, Councilman Harry U. Baker, Councilman Andrew McElwee, Councilman James Dunlop, Lozier Engineer Bill 0'Boyle, Lozier Engineer Marion Morey, Highway Sup't. Edward P. Riley, Town Clerk Peter DeWysocki Walter Schwan, Planning Board Chairman Thomas Hughes Rocco Lucente Donald Lucente Charles Broughton David Cowan, Zoning Officer Sue Strandburg, Ithaca Journal Gary Gerard, WHCU The meeting was called to order by William B, Kerr, Supervisor. RESOLUTION 373 - APPROVAL OF MINUTES Motion was made by Supervisor Kerr and seconded by Councilman DelRosso that the minutes of March 10, I969 as sudsmitted by the Town Clerk be approved. An all "aye" vote carried. n 4/14/69