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