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HomeMy WebLinkAboutTB Minutes 1975-11-17 TOTIN OF ITHACA SPECIAL BOARD _-4EETIIN G November 17 , 1975 At a special . meetifig of , the Town Board of the Town of Ithaca , Tompkins County , New York , held : at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 17th day of November , 1975 at 5 . 00 pomo , there were PRESENT * Walter . J . Schwan , Supervisor , Andrew We McElwee , Councilman Noel Desch , Councilman Victor Del Rosso , Councilman ALSO PRESENT . James ' , Vo Buyoucos , Town Attorney Lawrence Pa Fabbroni , Town Engineer n �.ng Board Chairwoman Catherine Ao Valentino , . Town' Representative , Ithaca Youth Bureau and Ad Hoc Committee on Youth and Recreation Willis Hiaker , . 275 Burns Road Shirley Raffensperger , 139 Pine - firee ' Road Representatives of the Media ABANDOMIENT AND DISCONTITIUANCE OF ROSE14ARY LANE v PUBLIC HEARING Proof of posting and publication of notice of public hearing on the abandonment and discontinuance of Rosemary Lane as a Town highway having been presented by the Town Clerk , the Supervisor opened the hearing . Ile then read a resolution pre- pared by the Town Attorneyoand , following the reading , asked if anyone wished to speak for or against the proposed resolution , It appearing that no one wished to speak for or against the reso- lution , the Board acted as follows * Motion by Councilman Desch ; seconded by Councilman . McElwee , WHEREASs Ae Rosemary Lane has heretofore been used as a public street , approximately 50 feet in width , running easterly and westerly between Cayuga Street which is a City of Ithaca street on the west and East Shore Drive which is a State Highway desig - nated as Route 34B on the east ; said street runs for its entire distance through lands of the Ithaca City School District which has represented to the Town Board that all lands on both sides of the street are owned by the School District and the records at the County Assessor ' s Office appear to confirm the ownership of all such lands by the School District ; and Bo The School District has requested that Rosemary Lane be abandoned and discontinued as a public highway in its entirety and the Town Superintendent of highways has requested and recom� mended the abandonment and discontinuance of Rosemary Lane ; and Ce It appearing that no portion of Rosemary Lane is necessary to connect Cayuga Street and East Shore Drive ( being the only two existing highways abutting Rosemary Lane ) or to provide ingress and egress to and from said public streets and any privately owned lands other than lands of '' the School Districts and TOTV OF ITHACA - 2 November 17 , 1975 D . The Town Board pilrsuant to Section 211 -b of the High way Law having ordered that a . public hear.ing ' lbe held on , the 17th day of Novembers 1975 at 5 o' clock p . m . at the : . Town Hall at 126 East Seneca Street in the City. 4 of Ithaca , New York - to consider the adoption . of a resolution declaring that Rosemary Lane be abandoned and discontinued as a public highway subject . . to the several provisions contained in Sections 1 , 2 , and 3 of : the resolution ordering such public - hearing and , it,. appearing that on or about the 14th day of October , 1975 , a written description of Rosemary Lane was filed in the Town Cle 'rk ' s Office with a written statement attached thereto that such highway shall be abandoned and it further , appeaiing that the ., Towh Clerk caused notices to be published in at least three conspicuous places in the Town of Ithaca as set forth in the affidavit of the . Town Clerk filed with the Town Board setting forth the time and place as above stated where the declaration of, .. abandonment of the above described highway would be made for the purpose of permitting any interested person to appear for or against the adoption of such resolution of - abandonment and it further appearing that notice of such proposed declaration at the time and place afore - said was also publishes? in the Ithaca Journal on the 7th day of November , 1975 and the Town Board at its meeting held on the 17th day of November , 197' 5 opened the. hearing for the discussion of the proposed abandonment of Rosemary Lane and no person or per - sons having appeared to speak for or against the said discontinu ° ante and abandonment , and the public hearing having thereafter been duly closed , IT IS RESOLVED as followso 'Sec-tion 1 . Rosemary Lane as hereinabove described is here - by abandned and discontinued as a public street for its entire length running between Cayuga Street on the west and Fast Shore Drive , a State highway designated as Route 34B , on the east . Section 2 . Such abandonment and discontinuance shall be subject to the reservation of an easement over a strip of land twenty feet in width for the purpose of constructing , maintaining , operating , repairing , reconstructing , and replacing an underground water main or water mains , pipe , or pipes , including the existing water main which runs in an easterly and westerly direction in , along , or adjacent to said Rosemary Lane , and appurtenant facili - ties thereof , the center line of which twenty foot strip of land shall be the center line of the said existing water main as now located . The location of said existing water main is shown on Map No . 64 of the maps on file in the Office of the Water and Sewer Division of the City of Ithaca , showing location of water mains and appurtenant facilities . The easement hereby reserved shall be for the benefit of the Town of Ithaca , its successors or assigns in the ownership or use of such water main or any replacement thereof or addition thereto , including the City of Ithaca or any other municipality , public authority , agency , or other governmental unit to which the right to own or use said water main and facilities or participate in such ownership or use shall be hereinafter granted and the Town of Ithaca specifi - cally reserves the right to transfer any part or all of its inter - est in the aforesaid easement and in said water mains and appur - tenances , to any such other municipality or public party . Section 3 . The fee title to the twenty foot strip shall be ret nia ed by t'?e School District and the School District shall have the right to use the land within said twenty foot strip , except that such use shall not interfere with or impede the main - tenance , operation. , repair , replacement or reconstruction and construction of any water main or appurtenances or cause injury or damage to any water main or its appurtenances . Certain appur ° tenances , such as valves , valve boxes , and hydrants , must be TOLr1 - BOARD MINUT.rS - 3 - November 17 , 1975 maintained . at the original grade level as they have heretofore been inaintained . No buildings .. wall . or permanent structure shall be °, constructed within the twenty loostrip without the lawful authorizaton . of the Town Board . of . the Town of Ithaca or any successor pubLo . authority . In performing any work under this easement , the Town shall be res "onsilble ; lor the removal of all debris after the' 'Ariork has been done ,. but it is a specific con- dition of the reservation of th s' easement that the Town of ., Ithaca shall not be obligated to r @Stoie . or `replace any improvements made within the boundaries of said twenty foot strip , by the School District , such as macadam , concrete , pavi,ng , ; shrubbery' or any walls , curbing or, other structures, exceptstlat . the Town will re9tore :to ' its prior donditiori that portion of ROSemary Lane which continues in use as a street or roadway by the City School District . Section 40 This resolution shall not . be deemed to be effective untii ' the , vchool District has executed or furnished such documents as the attorney for the mown shall require to document the re 's. ervati6h, of . the aforesaid easement , including instrument signed by 3n officer • of the City School District duly authorized . by the . . Bdakd . of Education and acknowledged so that it may be . recorded in the County Clerk ° s Office which identifies and describes the said easement and contains a : representation that all the larids, on both . sides of Rosemary Lane are owned in their entirety by the said District . Unanimously carried . CAPITAL RESERVE FUND - $ 130 , 000' PUBLIC FEARING . Proof of posting and publication of notice of public hearing having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Schwan said there is now available in the Town -wide General Fund a surplus of $ 130 , 000 which may be used to establish a capital reserve fund for a particular purpose - - presently contemplated as a fund for parks , recreation and open space . The surplus is available now because the Town of Ithaca advanced suits necessary for the Bolton Point project before bor - rowed funds were available . After funds borrowed on Bond Antici- pation Notes became available , the $ 130 , 000 was returned to the Town -Wide General Fund . A capital reserve fund may be used only for purposes which benefit the entire Town ( including the Village of Cayuga Heights ) . Supervisor Schwan suggested two possible , uses ( 1 ) parks , recreation and open space , and ( 2 ) tax stabiliza - tion . Various other uses were discussed , such as by-pass road , bikeways , beautification programs , etc . Councilman Del Rosso inquired where the bike study stood , whether any cost estimabes were available . Barbara Holcomb said no firm estimates were yet available . Bar . Fabbroni noted , how- ever that if a Type 2 bike path were developed ( the middle cate - gory ) - - preparing a culvert , filling in ditches and installing storm sewers , and then building a bike path over that , it would cost about $ 50 , 000 per mile . There was no inclination on the Board to build anything of this type . 14r . Fabbroni said the whole town could be " signed ` for bike paths for about $ 3 , 000 - - a simple sign saying "` This is a bike path61 . Councilman Del Rosso felt it would be appropriate to use some of the surplus money , for that . L- Fabbroni said that if the .funds are ear - marked for parks , recreation and open space , it would not be stretching a point to include bikeways . Councilman Desch sug - gested the inclusion of a general beautification program . Mr . Fabbroni noted that as long as there is a comprehensive plan which includes the whole Town , the whole Town would not have to be done at the same time . TOTHN BOARD MI1QUTES - 4 - iJovember 17 , 1975 Supervisor Schwan noted that , since the $ 130 , 000 is Town money ( not Federal money ) , it is . .eligible for matchina grant funds . Mrso Raffensperger asked . - if the Tomm Board made a conscious decision to use revenue sharing : money for the pur - chase of the Tom Hall . Supervisor Schwan said it that revenue sharing funds , , however , are not, eligible for matching funds . The $ 130 , 000 . uhder discussion is eligible for Matching .funds . 1-4r. s . Raffensperger asked if the Town has a list of priorities for use of the surplus money ,. Supervisor Schl,zTan said it did not , because the Town has neverhad a sufficient surplus before . Mrs . Raffensperger asked again if the Town had made a conscious decision about priorities and has : the. To�;n planned that parks , recreation and been " space is , what the ' Town needs the most . Councilman Del Rosso said it was riot a . . question of planning or not planning , since the Town did riot have the money before . I1rs . Raffensperger asked , given _ . a rising tax base , and a stable tax rate , whether in the - next four dea 'r 's such a sum could again be accumulated ° Supervisor Schwan did not think so ' The present surplus developed as indicated above , plus some special budget situations , vv7h ch , existed , prior : to the time he was Supervisory that , plus . increased staff ( incl,uding a full - time Town Engineer ) make it unlikely that such a ' stitplus will ' be . available again . airs . Raffensperger insisted the Board must have }mown the surplus fund would be Available and repeated her question .. Has the Town Board made a . conscious : decision to use the surplus for parks , recreation and open space and has the Town Board decided that that is what the Town needs most . Tvirs . Valention said parks and recreation have been of ' great . o concern to the Town for the last four years . However , other priorities have had to be placed highm er . She said there are on -going studies and research on acquir - ing land . She felt , therefore , that parks and recreation have been a conscious high priority item of the Town Board . Mrs . Raffensperger noted that some of the civic groups have had it as one of their high priorities . There was general agreement on the Board that the surplus ought to be considered a one - time windfall and that it should be used for something which does not require on -going funds . P71th proper management and the availability of Federal funds all of the $ 130 , 000 is probably eligible for matching funds . 11r . Fabbroni , in connection with the establishment of the capital reserve .fund , reviewed the Town of Ithaca ° s park policy as a whole , illustrating on map areas in the Town of Ithaca suitable for parks , open space , and recreation areas , lands which might be acquired , etc . He indicated that the study in its preliminary form takes in three areas ( 1 ) existing areas the Town has ( 2 ) acquisition of park lands on a priority basis , depending on where the need exists and ( 3 ) acquisition of ecolo- gically or geographically unique areas in the Town which the State or County has not addressed itself to . 14r . McElwee asked , if the Town establishes a capital reserve fund for parks and recreation , is it committed to that exclusively . Supervisor Schwan said he knew of no procedure to nullify it . r1r . McElwee mentioned the by -, pass road in this con - nection . Supervisor Schwan said any money for the by -pass would have to be allocated now , if at all , or split between the by - pass and parks and recreation . Attorney Buyoucos raised some question of law as between general projects and specific projects and possible requirement for a public hearing for specific expenditures . Fie suggested there was no urgency in passing a resolution at this meeting , noting that he is concerned over the instability of opinion in Albany as to what is a specific type of use and what is a general type of use . Supervisor Schwan said he was concerned , if the capital reserve fund were not established before the end of this fiscal year , that the State auditors would criticize the Town for TOWN BOARD 11: INUTES - 5 November -17 , _ 1975 a allowing such . a ; large surplus to carry over ; into 1976 . Hi said the auditors recommended that something should be done with the surplus this fiscal year . After ! . considerable discussion , the 'sense of the Board ( excluding Councilman McElwee )' , at this time , . . is that a capital reserve fund: for parks , recreation , and omen space will be most beneficial .to , . the Town and that the category should be made as broad as possible . Attorney Buyoucos . said he could consult with officials in Albany as to bow at locked in the Town, is if it passes a resolution establishing a , capital reserve. fu6d'. for parks , . recrea- tion and open space , ( a particular concern of` Councilman. PRcElwee ) . No other person wished to be . hearda Therefore , the . Super visor closed the hearing,, and the Board acted as follows ° Motion by Councilman Del Rosso ; secdnded by Supervisor . Schwan , RESOL`IED ; that, ths Town Board hereby establishes a . capital reserve fund in the amount of $ 130 , 000 for open space , parks , and recreation , it being the '-intent of this Board that the above purposes shall be interpreted in the broadest sense possible . FURTHER RESOLi k) that the Tot wh Attorney shall' formulate precise language to d6' ' elineate the category " open space , parks , and ' recreation °` to implement the intent of this resolution , and that the Town Attorney will prepare a resolution incorporating such language , which resolution will be adopted at a subsequent meeting . Carried . Councilman McElwee abstained from this vote . ADJOURNMENT The meeting was duly adjourned . Edward L . Bergen Town Clerk