HomeMy WebLinkAboutTB Minutes 1968-09-09REGULAR MEETING TOWN BOARD
SEPTEMBER 9, 1968
AGENDA
1. Public Hearing — 4:00 P.M. D.S.T,
East Shore Drive Sewer District (Liberman)
2. Renew Snyder Hill Water Note-due October
3. Approve Minutes dated August 12, 1968
4. Approve Warrants dated September 9> 1968
5* Refund-Mr. Hinkleman, 110 Salem Drive-Road cut $100
per approval by Mr. Morey
6. Appoint Planning Board Chairman to replace Mr. Desch
7. Appointment-Planning Board vacancy
8. Award bid-sand spreader
9« Public Hearing—5?00 P.M. D.S.T. Re-Zoning Corner Judd
Palls Road and Ellis Hollow Road
10. Zoning violations—report by Zoning Officer Cowan
11. Zoning violations—letter from v/alter J. Wiggins
12. Increase Marriage License Certificate fee from $1.00 to
$2.00 effective September 1, 1968
13. Pire Protection from City to Town
14. Pire Protection from Village to Town
15. Village Exemption from Town Highway Tax, Item III and IV
16. Set date for preliminary budget meeting-meeting has to
be held on or before Saturday, October 5, 1968 to
conform to Town Law
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SEPTEMBER 9, 1968
At a regular meeting of the Towi Board of the Town of Ithaca,
Tompkins County, New Yoirk held at the Town Offices,. 108 E,
Green Street, Ithaca, New York on the 9'th dhy of September 19^8, at
4 o*clock P.M. there were:
PRESENT: Supervisor William B. Kerr, Gouncilmen Andrew W. McElwee,
Harry U. Baker, Noel Desch and Victor Del Rosso.
Also Present: Attorney James V. Buyoucos, Highway Superintendent
Marion Morey, Zoning Officer David Cowan, Deputy Clerk Phoebe
Bartholomew, Lozier Engineer James Dunlap, Lozier Inspector William
0*Boyle, Attorney Robert Grant, Leonard Liberman, Attorney Edward
King, Ben Boynton, Robert Wells, Walter Schwan, Rocco Lucente,
residents from Birchwood Drive and Reporters from Ithaca Journal,
WTKO and WHCU.
RESOLUTION 257 - PUBLIC HEARING-EAST SHORE DRIVE
LIBERMAN —
A Public Hearing was held at 4:00 P.M. on the establishment of
East Shore Drive Sewer District, Leonard Liberman appeared before
the board with his attorney Robert Grant,
Supervisor Kerr offered the following resolution and moved its
adoption:
WHEREAS a written petition dated August 12, 19^8, in due form
and containing the required signatures has been presented and filed
with the Town Board of the Town of Ithaca, Tompkins County, New York
for the establishment of a sewer district in the said Town, the
description of which is bounded and described as follows:
BEGIMING at a southwest corner of the Village of Cayuga
heights, located in an extension of the north line of the City of
Ithaca, and in the westerly line of the former N.Y., Au|)urn
and Lansing R.R.; thence southerly along said former railroad
line^ now being an easterly boundary of lands of Leonard B. Liberman,
to the southeast corner of said Liberman lands; thence westerly
along the south boundary of said Liberman lands to the center of
East Shore Drive; thence northerly along the center of said
highway to a point in line with the northline of the City of
Ithaca; thence west along said extension of the City Line, and in
part along the City Line itself, to the intersection with the
easterly shore of Cayuga Lake; thence in a general northerly
direction along the easterly shore of Cayuga Lake, and
around Remington Point, to a northwest corner of lands of Leonard
B. Liberman and a southwest corner of lands of Douglas Dowd-
(No. 1004 East Shore Drive); thence easterly along the south
line of lands of said Dowd lands, and extension thereof, to
the center of East Shore Drive; thence northerly along the center
of East Shore Drive to the north line of the Town of Ithaca, thence
easterly along the north line of the Town of Ithaca to the .
former westerly line of the former N.Y,, Auburn and Lansing R.R.,
is now a westerly boundary of the Village of Cayuga Heights and
an easterly boundary of the Town of Ithaca; thence along the
division line between the Village and the Town, southerly 803 feet
more or less, westerly 20 feet, southerly 99«2 feet, easterly^10
feet, and southerly 89O feet, to an angle point in said division
line located in the north line of the former Renwick Tract;* thence
easterly 37.8 feet along said division line and north line of the
former Renwick Tract to another angle point; thence continuing
southerly along the division line between the Village and the
Town to the point of intersection with the northewesterly boundary of
State Highway Route 13; thence southwesterly, southerly and east-
errly along the Route 13 boundary to an intersection of the Route 13
boundary with the aforesaid division line between the Village and
the Town; thence southerly along the division line between the
Village and the Town to a corner in the north line of the Village
Sewage Disposal Plant property; thence in a general westerly
direction following an irregular line which is the division between
the Village on the south and the Town on the north, and also the
division between lands of the aforesaid Liberman and the Village
Sewage Disposal Plant Property, to a corner in the east line of
East Shore Drive; thence southerly along the east line of East Shore
Drive5 which is the division between the Village on the east and
the Town on the west, to a corner in a north line of lands of the
aforesaid Liberman: thence easterly and then southerly along the
division line between the Village and the Town, which is also a
boundary of lands of the aforesaid Liberman, to the place of
beginning.
For more detailed information reference is made to an engineer's
^ map entitled "Map of East Shore Drive Sewer District in Town of
i j Ithaca", dated April l8, 1967, as prepared by Carl Crandall,
j Licensed Professional Engineer and Land Surveyor, Ithaca, N.Y. and
— amended August 5? 19^8 by Thomas G. Miller, Licensed Professional
Engineer and Land Surveyor, Ithaca, N.Y.
AND WHEREAS the improvements proposed consist of the construct
ion and maintenance of a sewer system to serve the said proposed
sewer district, including main and lateral sewers, and all inci
dental equipment and appurtenances, and including the acquisition
of such lands and rights of way therefor as may be necessary, in
accordance with the certain plans made a part of such petition and
now on file in the Office of the Town Clerk of said Town;
AND WHEREAS the petition provides that the expenses of
establishing the said sewer district and the cost of constructing
the improvements therein and for the acquisition of any lands or
rights therein shall be borne entirely by the petitioners; it is
comtemplated that the cost of construction shall not exceed the
sum of $75aOOO.OO, be it therefore
RESOLVED, that the East Shore Drive Sewer District be
established as per the order filed with the Town Clerk and recorded
in the minute book of proceedings of minutes.
Seconded by Councilman McElwee
Ayes - Kerr, McElwee, Baker and DelRosso
Noes - 0 Carried
rmmt * * *
RESOLUTION 258 - NOTE RENEWAL - SNYDER HILL ROAD
WATER DISTRICT
Supervisor Kerr moved that the Supervisor be authorized to renew
Note No. 1 for the Snyder Hill Road Water District for $200,000.00
due October 25, I968 with interest payment. Seconded by Councilman
Baker and unanimously approved.
* * *
RESOLUTION 259 - MINUTES - AUGUST 12, I968
Councilman McElwee moved that minutes of the meeting of the board
held on the 12th day of August I968, as submitted by the clerk be
approved. Seconded by Councilman Del Rosso and duly adopted.
* * *
RESOLUTION 260 - WARRANT- SEPTEMBER 9, I968
Councilman McElwee moved that warrants dated September 9, 1968 as
submitted to the board be approved for payment and seconded by
Supervisor Kerr and duly approved.
I General Fund 38,994.18
' Highway Fund 12,867.17
Snyder Hill Road Water 8,367.79
South Hill Sewer-Ext. 1 3^442,50
Second South Hill Water 65,603,27
Second South Hill Water-Ext. 1 101.70
* * *
9/9/68
RESOLUTION 26l - REFUND ON STREET OPENING PERMIT
L. CHASE-2 SANDRA PLACE
Supervisor Kerr moved that refund be made to Lagrand Chase for
street opening permit at 2 Sandra Place. Seconded by Councilman
McElwee and unanlm.ously approved.
* * *
STREET OPENING PERMIT REFUND - HINKLEMAN
Mr. Hlnkleman's refund for street opening permit at IIO Salem Drive
was denied as Mr. Morey reported there was still a big dip In the
road.
* * *
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The appointment of a Planning Board Chairman and a new member for
the Planning Board was deferred until such time that members of the
Planning Board will recommend to the Town Board who they wish as
Chairman and also to fill the vacancy on the board.
* * *
RESOLUTION 262 - BID AWARD OF SAND SPREADER AND
CINDER BODY SPREADER
Councilman Harry Baker moved that the Town Board accept the bid from
Walter M. Roberts Enterprises, Inc., P.O. Box 386, Cazenovla, N^w
York, for the nurchase of a sand and cinder body spreader at bid
price of $2,l8i|-.4l delivered and Installed. Seconded by Supervisor
Kerr and adopted unanimously.
* * *
PUBLIC HEARING - REZONING S. W, BARNES PROPERTY
Attending: Mr. Edward King, attorney appeared for his client Mr.
Barnes and Mr. Ben Boynton also assisted Mr. King In his presen
tation of plans for re-zonlng.
A Public Hearing was called to order by Supervisor Kerr at 5 o'clock
P.M. to hear all persons In favor of or opposed to re-zonlng of the
following property from R-30 to Business C" with the exception of
two separate parcels under 1-acre each, which would become Business
"D" Districts.
"The western 27t acres or so of land owned by S.W. Bames
located at the northeast corner of the intersection of Judd Falls
Road South and Ellis H ~'llow Road."
Acting Town Clerk reported that the notice of the Public Hearing
for Re-zoning the Barnes Property was posted on the Town Sign
Board on August 23, 19^8 and was published in the Ithaca Journal
on August 27, 1968.
* * *
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RESOLUTION 263 - BARNES PROPERTY - REZONING
Voted resolved that the above described property belonging to S.W.
Barnes, is rezoned from R-30 to Business "C with the exception of
two separate parcels under 1-acre each,which would become
Business "D" Districts.
Supervisor Kerr moved; Councilman Desch seconded. Resolution was
unanimously approved.
9/9/68
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RESOLUTION 264 - PUBLIC HEARING - ADOPTION OF
"OFFICIAL HIGHWAY MAP"
Voted resolved to hold a Public Hearing Friday^ October 4, I968 at
4:30 P.M. D.S.T. for the purpose of adopting "Official Highway Map^
Town of Ithaca, September, 1968".
* * *
ZONING REGULATIONS - DAVID COWAN
Mr. David Cowan, Zoning Officer and Building Inspector asked the
Town Board for some specific procedure in certain problems he has
come across, namely:
What action to take for those persons who either build ex
tensions or new buildings without applying for building permit.
Mr. Buyoucos said this is illegal and a letter should be sent to
them immediately, stating such. Also when a variance has been
granted for a specific use and then building is put to a different
use, the owner should be notified this use is illegal. He was
also advised that a person must file a license to have a Junk yard
otherwise an inJunction"'may"-'be^served. The fee for appeal was
authorized at $7.50.
* * *
ZONING VIOLATIONS - WALTER WIGGANS
Mr. Walter Wiggans questioned the enforcing of the Town of Ithaca
Zoning Ordinance in connection with the N.Y.S. Electric & Gas Corp.
erecting high-tension poles and appurtenant equipment along the
Lehigh Valley right of way between N.Y.S. Routes #89 and #96 in a
residential zone. It was brought out that the N.Y.S. Electric &
Gas Corp. ownes this property and utilities are exempt where
municipal service is necessary. Mr. Cowan is going to check this
property to see if this is the case or if they have erected any
equipment which is in violation to Town Law.
* * *
RESOLUTION 265 - INCREASE MARRIAGE LICENSE
CERTIFICATE FEE
Supervisor Kerr moved that Marriage License Certificate fee be in
creased from $1.00 to $2.00 effective September 1, 1968. Seconded
by Councilman McElwee and duly adopted.
* * *
RESOLUTION 266 - FIRE PROTECTION CONTRACT WITH
CITY OF ITHACA
Voted resolved that a public hearing be held by the Town Board at
4:45 o'clock P.M., October 4, 1968 in the Town of Ithaca Offices,
108 E. Green St., City of Ithaca, for the purposes of hearing all
persons interested in the renewal of a contract with the City of
Ithaca for fire protection for a one year period on the basis of
$20,885.00 for the year 1969^ for fire protection in the Town of
Ithaca, excepting the following areas, to wit:
a) the Village of Gayuga Heights
b) the area comprising all the territory lying between the
east boundary of the Village of Gayuga Heights and the
east boundary of the Town of Ithaca
9/9/68
BO
c) the Hamlet of Forest Home exclusive of the structure
housing the Cornell University Filtration Plant.
* * *
FIRE PROTECTION FROM THE VILLAGE
The contract between the Village and the Town was tabled until such _
time as Mr. Kerr could discuss with Chief Weaver the feasibility of
the City also protecting the Town in the Hamlet of Forest Home and | |
in that portion of the Town to the north of Forest Home and between
the east boundary of Cayuga Heights and the east boundary of the
Town of Ithaca.
* * *
RESOLUTION 26? - VILLAGE EXEMPTION FROM TOWN
HIGHWAY TAX, ITEM III & IV
Supervisor Kerr moved that the Village of Cayuga Heights property
owners be released from paying Tax on Items III and IV, of the Town
of Ithaca Highway Tax as per request of the Village, August 23, I968.
RESOLVED that the Town of Ithaca hereby honors the request of
the Village of Cayuga Heights to do their own highway work and that
property owners living in the Village of Cayuga Heights are hereby
exempt from paying tax on Town Highway Tax, Item III and IV.
Seconded by Councilman Baker and unanimously approved.
* * *
RESOLUTION 268 - PRELIMINARY BUDGET MEETING AND
REGULAR MEETING
RESOLVED TO HOLD preliminary budget meeting and regular meeting as m
a combined meeting, at 4:00 P.M., Friday, October 5, I968 to conform
to Town Law. 1
* * *
RESOLUTION 269 - APPOINTMENT OF DEPUTY CLERK
Voted resolved that Mrs. Marjorie Hagin be appointed Deputy Clerk
effective immediately.
EASTERN HEIGHTS - PARK LANE
Supervisor Kerr moved that the board not accept Park Lane as a Town
road until such time as the sidewalks are put in. Seconded by
Councilman Desch and duly agreed.
* * *
RESOLUTION 270 - ACCEPTANCE OF BIRCHWOOD DRIVE
& PINEWOOD PLACE
Rocco Lucente and several residents appeared before the board
requesting the Town of Ithaca to accept Birchwood Drive and Pinewood
Place as Town Roads because of the dust hazard it has been creating.
Upon motion by Supervisor Kerr and seconded by Councilman Baker it
was duly resolved that the Town Board accept as Town Roads Birch-
wood Drive and Pinewood Place. Unanimously approved. The deed is
to be recorded in the County Clerk's Office.
9/9/68
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■WWNE V. A-fKAWT
KDIJKRT W. UI TI i;l«
WII.I.lAM U.CAUll
.rAMKS C.. IMINI.AI'
.jnHS' H. (IHAV
HOUHRIC f. I.j-.LAN'I)
CIIaRLES II. FLAYfOHD
ROOER II. RICE
THOMAS A. SMITH
V\'II,LARD II. STEANK
OAVID C. THOMAS
1302-9
Lozter Engineers. Inc.
• lO Ginns .Srurf;!
l?(K'iri;sTi;w, N'r.^v ^'oKK lK.ti l
September 9, .1968
phone; A5-«>-5630
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Town of Ithaca
Town Offices
108 Green Street,
Third Floor
Ithaca, New York
Gentlemen:
East
Re:South Hill Sewer District
Town of Ithaca, New York
In reviewing monthly payment estimates to the
contractor on subject project and projecting estimatedpayments to complete the project, it has been determined
that total final costs on this project will have an overrun of approximately $235,000.00. Project costs are shown
on the enclosed attachment.
The apparent causes of the additional cost are
additional construction required during the cour5e ofeasement acquisition, i.e. manholes, sewer line and laterals; and the unexpected quantity of rock encounteredduring construction of the project. The additional cost
of construction due to the easements, however, is small
compared to the additional rock cost.
It is estimated that an additional 10,000 yardsOf rock will be removed over the original quantity estimated. In reviewing causes for the overrun in rock, the
following are apparent;
^ 1. Initial underestimating of rock from boring
data obtained. •
2. Insufficient number of borings.
3. Some borings not indicative of actual
rock conditions.
4. Relocation of sewers where additional
rock was encountered.
Town of Ithaca September 9, 1968
Ithaca, New York Page 2
It is estimated that the overrun will incur
an additional cost to each unit in the district based
upon first-year cost, of approximately $21.20. Before
steps are taken to authorize the additional monies re
quired, it is recommended that more final cost figures
be obtained.
Respectfully submitted,
LOZIER ENGINEERS, INC.
^ JCD:sk
. C. Ounlap
End : Attachment (1)
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ATTACHMENT
PROJECTED COSTS
SOUTH HILL SEWER DISTRICT
TOWN OF ITHACA. NEW YORK
1302-9
/
Construction cost
Highway Crossings
Engineering Services
Inspection and Field Services
Legal and Bond Counsel Services
Subsurface Explorations
Easements and Miscellaneous
Temporary Financing
Record Preparation
Conti ngencies
TOTAL PROJECTED COST
872,000.00
30,000.00
'54,400.00
40,000.00\
30,000.00 ^
2,3fl0.00^
6,200.00
30,000.00
2,400.00
7.700.00
$1 ,075,000.00
A
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September 9, 1968
JCD:sk
Lozier Engineers, Inc.
SOUTH HILL SEWER DISTRICT - ADDITIONAL COSTS FOR THE PROJECT
Mr. James Dunlap, consulting engineer for Lozier Engineers, Inc.
appeared before the board with a report stating the monies originally
' allocated for the South Hill Sewer District were insufficient. Mr.
„ Dunlap reported an additional sum of $235,000. would be needed to
I complete this district. A copy of the letter from Lozier Engineers,
I Inc. to the Town Board is hereto attached to the minute book of
— proceedings. After much discussion Supervisor Kerr requested Mr.
Dunlap to make a thorough study into this matter and to come up
'\ with more exact figures as to the extra cost. Supervisor Kerr also
requested Mr. James Buyoucos, attorney, to contact the proper
authorities as to the legal procedure in a case such as this. A
special closed meeting is set for Monday, September l6, 1968 at
4 o'clock P.M. at the Town Offices at 108 E. Green St., Ithaca, N.Y.
to further discuss this situation.
* * *
Meeting duly adjourned at 8 P.M.
Phoebe Bartholomew
Deputy Clerk
9/9/68
SEPTEMBER I6, I968
TOWN CLERK'S RESIGNATION
The following letter was received by the Town Board from Town Clerk
Myrtie M. Hewitt:
**It is with deep regret that I hereby tender my resignation as
Town Clerk retroactive as of September 1, I968 due to health reasons.
I have thoroughly enjoyed my associations with the town board,
town personnel as well as the public in general.
The position of Town Clerk has been both inspiring and challeng
ing and I am sure it has broadened my interests and knowledge of
town government.
Upon my release from the hospital I shall be glad to assist
in anyway I possibly can to help the new clerk in getting acquainted
with the general duties of that office."
Sincerely yours,
Myrtie M. Hewitt
* * *
SOUTH HILL SEWER DISTRICT
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The Town Board held a meeting to further discuss the overage in
construction costs of South Hill Sewer District.
Meeting adjourned without date.
9/16/68
Phoebe Bartholomew
Deputy Clerk