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HomeMy WebLinkAboutTB Minutes 1965-07-12n July 12, 1965 The regular meeting of the Town Board of the Town of Ithaca was held on the 12th day of July, 1965 at 4:00 P.M. in the Town Offices, 108 E, Green St., City of Ithaca, N.Y. Board members present were; Supervisor Wm. B. Kerr; Councilmen A. W. McElwee, Joseph Mayer, Jr. and Harry Baker. Absent: Councilman Frank C. Bishop. Also present were: Attorney James Euyoucos, Assessor Robert J. V-'ells and Anton Egner. APPROVAL OF MINUTES ^ Councilman Mayer offered the following resolution and moved Its adoption: H"^SOrVED that the minutes of the June l4, 1965 meeting be approved. Seconded by Councilman Baker Ayes - Kerr, Baker, McElwee and Mayer Noes - 0 Carried AWARDING OF BID - SAND AND GRAVEL Supervisor Kerr offered the following resolution and moved its adoption: WHEREAS, the Town Superintendent of Highways, did, on the 7th day of June, 1965 duly recommend the advertising for bids for sand and gravel and WHEREAS, the Town Board duly advertised for bids on furnishing the town with sand and gravel and, WHEREAS, the Landstrom Gravel Company, RD 1, Newfleld, N.Y, submitted the low bid now THEREFORE EE IT RESOLVED that the Town Board of the Town of Ithaca award the contract for sand and gravel to said low bidder, Landstrom Gravel Co. ^ Seconded by Councilman Mayer , Ayes - Kerr, McElwee, Baker and Mayer Noes - 0 Carried, BOND ANTICIPATION NOTE Councilman Mayer offered the following resolution and moved its adoption: RESCIVED, that Supervisor William B, Kerr be authorized to issue in the name of the Town of Ithaca, a Bond Anticipation Note In the amount of ^25,000,00; said note to be in anticipation of the sale of Serial Bonds for the construction of the Northeast Sewer District. Seconded by Councilman McElwee Ayes - Kerr, Mayer, Baker and McElwee Noes - 0 Carried. APPOINTMENT - FTFCTJOM INSPECTOR Councilmen Mayer offered the following resolution and moved its adoption: RESOLVED, that Ruth Streib be appointed to fill the vacancy caused by the resignation of Patricia Cralg as Election Inspector(D) in Election District 8. Seconded by Councilman Baker Ayes - Kerr, Baker, McElwee and Mayer _ Noes - 0 Carried. [j STATE MAGISTRATES' MEETING Councilman Mayer offered the following resolution and moved its adoption: RESOLVED that Justice of the Peace, Fred R. Hartsock, be authorized to attend the State Magistrates' meeting at Lake George, N.Y. Sept. 11-13, 1965. Seconded by Supervisor Kerr Ayes - McElwee, Mayer, Baker and Kerr Noes - 0 Carried, 29 PUBLIC HEARING - LOCAL LAW #2 A public hearing on the adoption of Local Law §2 was held at ^:15 P.r^. Noone was present to be heard and the hearing was closed. Councilman Baker offered the following resolution and moved its adoption: HKSOLVED that the Town of Ithaca, adopt as local Law the following law regulating excavations within Town Streets and Highways: Be it resolved and enacted by the Town Board of the Town of Ithaca, Tompklns County, State of New York, pursuant to Article ii. Section 10 of the Municipal Home Rule Law; SECTION 1 - PFRYITS FOB EXCAVATIONS No person, firm or cornoration, hereinafter referred to as the permittee, shall make an excavation within the limits of any town street or highway or other public place or under any side walk, all hereinafter referred to as street or highway, in the Town of Ithaca without obtaining a written permit therefor issued by the Town Board or such employee, officer, person or agency as shall be designated by the Board. The application for this permit shall include such drawings, sketches and other information as the issuing agent may require including, amongst other things, the date or dates within which work is to be per formed. section 2 - DEPOSIT OR SECURITY REQUIRED No such permit shall be issued unless and until the person applying for the same: (1) Has filed with the Town Clerk satisfactory proof of adequate insurance Indemnifying or holding harmless the Town of Ithaca, as the Insured, from all claims for injuries to persons or property that the Town may be liable for by reason of such excavat? on. (2) Has furnished satisfactory proof that the work shall be done by a person, firm or corporation competent to perform the same. (3) Has executed an Instrument, in form satisfactory to the Board that he assumes all responsibility for any damage to persons or property which may result or arise from any work performed pursuant to the permit, and further agrees that all work shall be performed in acoor'^ance with the conditions of the permit end all applicable laws, rules and regulations and further agrees that the Town is to be saved harmless from any loss, injury or damage arising out of the granting of the permit or as a result of any negligence, fault or act of the permittee, his contractors, servants or agents in connection with the work to be performed. (^) Has deposited a sum of at least ^tlOO.OO in cash or certified check payable to the Town as security for the proper performance of the work and the replacement, repair and restorations of the street or highway in such condition and manner as may be reasonably required by the town superintendent. If the proposed construction at any time exceeds the sura of ^f500.00, by applicant's estimate, to the satisfaction of the town highway superintendent, a performance bond of a type and in an amount specified by the Town Board may be required. Upon the filing with the town clerk of a certificate of the town highway superintendent that the work has been performed in a satisfactory manner and the street or highway has been replaced or repaired as required by him, and all charges, expenses and damages have been paid by the applicant, any deposit shall be refunded to the permittee, provided that the permittee has otherwise complied with this law, and all rules, orders and regulations issued thereunder; otherwise the said deposit, or so much thereof as shall be necessary, may be applied by the town to the cost of repairing or replacing the street' or highway in proper and safe condition for public BO travel, or to such other expenses and liabilities as the town may have Incurred or be liable for. SFCTJOM 3 - PEHFOEKANCE OF WORK (1) All such excavations and all other work In connection therewith shell be completed with all possible dispatch and within such time and In such manner as the town highway superintendent shall require. (2) During the performance of the work, at least one-half of the street or highway shall be kept open for travel. (3) The permittee shall erect such safeguards and barriers, and shall cause the same to be adequately marked by such lights and other warning devices from sundown to sunrise as the town highway superintendent shall require. (^) Any permit may be revoked by the town superintendent or such other person designated by the town board upon two days notice In writing should the permittee fall to comply with any of the terms, agreements or conditions thereof unless otherwise designated. (5) Any expenses Incurred by the Town In connection with the work to be done and the enforcement of the provisions hereof shall be paid by the permittee within ten(lO) days after the town clerk shall have sent the permittee a statement of such expenses certified by the town highway superintendent, or such other person as may be designated by the town board, aid any sum deposited by the permittee pursuant to Section 2 may be applied toward the payment thereof. (6) The Town Board may adoot further regulations regarding the Issue of the permit and bearing on the conduct of the work, and establishing standards of construction and quality of materials, which regulations shall be filed with the town clerk and the town highway superintendent. SECTION A - PETJALTIES Any violation of the provisions of this law shall constitute a misdemeanor. In addition, the penalty for each violation of this law shall be a sum not to exceed two hundred dollars. SFCTION 5 The Invalidity of any section, clause, sentence or provision of this law shall not affect the validity of any other part thereof. SFCTION 6 This law shall take effect Immediately. Seconded by Councilman Fayer Ayes - Kerr, Kayer, Baker and FcElwee Noes - 0 Carried. CLERK - APPOINTIVF OFFICE The Town Board decided not to make the proposition "Shall the office of the Town Clerk be an appointive office" subject to a mandatory referendum at the November, 1965 election, but rather to wait and reconsider the propostlon subject to a permissive referendum early In 19^6. (Note: The resolution In regards to making the office of the Town Clerk appointive that was passed at the June, 1965 meeting of the Town Board could not be concluded because the resolution was not passed the necessary 150 days before the biennial election.) SPECIAL DISTRICTS - ALLOCATIONS OF COSTS ETC. The maps of the proposed new sewer and water districts for the northwest and southern parts of the town were presented and discussed. Supervisor Kerr stated that he hoped the legal descriptions could be finished so that public hearings on the districts could be held In September. A discussion was held concerning possible formulas for allocating costs of extensions of trunk lines and laterals. n n n UNIVERSITY PAHKI^TG LOTS Cornell University Planning Officer, Anton Egner presented the University's plans for s 600 car parking lot st the corner of Rte. 366 and Caldwell Rd. in the Town of Ithaca, The "board decided that the town ordinance permitted such a use and they v;ould look favorably upon It. The plans were forwarded to the Planning Board for their consideration, VILLAGE FXEMPTION FRCE HIGHWAY TAX Supervisor Kerr reported on a letter he had received from Mayor Marcham of the Village of Cayuge Heights regarding relief for the Village from taxation for Item III and Iten IV of the Town of Ithaca highway budget. Mr. Kerr stated that he was not in favor of exempting the village from that portion of the tax, but that he did feel that better cooperation between the town and village in regards,, to use of machinery and men, road building and snow removal could be worked out. The Village feels that some sort of agreement between the two boards should be make so that the Village will know what to expect by way of service and equipment. FEZONING - SAPSUCKER WOODS AREA Zoning Officer Robert J. Wells said that he had been advised that developer Rocco Lucente had been unable to swap land with Cornell University. (He had been considering swaging land owned by him along Sapsucker V/oods Hd. for land owned by the University in another part of the town) The Planning Board will make a recommendation to the Town Board in regard to the rezoning of lucente's land along Sapsucker Woods Road after their next meeting. WARRANT Supervisor Kerr offered the following resolution and moved its adoption: RESOLVED that General Fund Bills #2^9 through #279 In the amount of ^^,135.97 and Highway Fund Bills #187 through #232 in the amount of §11,018.07 be paid. Seconded by Councilman McFlwee Ayes - Baker, Mayer, McFlwee and Kerr Noes - 0 Carried. The Supervisor's monthly report was submitted and filed. ADJOURNMENT Supervisor Kerr offered the motion for adjournment at 6:00 P.M. Seconded by Councilman Mayer Ayes - Kerr, Mayer, Baker and McElwee Noes - 0 Carried. Evelyn S. Fuess Town Clerk n -3