No preview available
HomeMy WebLinkAboutTB Minutes 1971-08-0967 n I » TOWN OF ITHACA REGULAR BOARD MEETING AUGUST 9, 1971 At a Regular Meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Offices at 108 East Green Street, Ithaca, New York, on the 9th day of August, 1971> at 5:00 p.m,, there were PRESENT: Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman Noel Desch, Councilman Victor Del Rosso, Councilman Robert N* Powers, Councilman MiSO PRESENT: James V. Buyoucos, Town Attorney David W. Cowan, Zoning Officer Reynolds Metz, Assistant Zoning Officer Marion Morey, Highway Superintendent Peter K. Francese. Planning Consultant Mrs. Barbara Holcomb, Chairman, Planning Board William Westney (Millbrook & Dairylea) Hugh (Sam) MacNeil Mrs. Beverly Livesay Mrs. Catherine A. Valentino Ben Boynton Lyman Baker Wilbur Baker Steve Zahorian Arthur L. Berkey Joseph C. Eiden Herbert Monkemeyer Other Town residents Members of Rswiio, TV, and Press Supervisor Schwan called the meeting to order at 5:15 p.m. APPROVAL OF MINUTES Motion by Supervisor Schwan; seconded by Councilman Del Rosso, RESOLVED, that the minutes of the meeting of July 19, 1971, be approved. Unanimously carried. PUBLIC HEARING - WATER AND SEWER ASSESSMENT FORMULAS Proof of posting and publication having been presented. Supervisor Schwan opened the public hearing with respect to considering various methods of assessing costs of water and sewer improvements against various lots or parcels of land in the Town of Ithaca (said hearing to be preliminary to the public hearing which is required to be held at a later date and at which the assessment roll showing actual assessments is finally determined and adopted). The hearing began at 5:30 p.m. Supervisor Schwan read from prepared material entitled "Proposed Basic Fozinula for Dissolved Water and Sewer Districts - Town of Ithaca" (cc^y of which is attached to these minutes). There was considerable discussion and various suggestions. Mrs. Livesay suggested that each lot be considered one unit, irres pective of frontage or possibly a combination of a system in which each lot would be considered one unit with exceptions made for lots over a certain size. Supervisor Schwan said this might someday be done but for the present, to do that, would mean analyzing all par cels in the Town of Ithaca again to see how many units might be lost in such a system. Councilman McElwee suggested that it might not be unreasonable to use the narrowest dimension in the case of corner lots. Mr. Berkey suggested there might be some consideration given to the idea of assessing benefit charge in relation to the value of the house on the lot. The feeling, however, was that no more benefit n - 2 - August 9, 1971 is conferred on the more highly assessed property than on the lower assessed property* Mr* Berkey also questioned the fairness of assess ing a house that faces on the wide side of the street when the sewer only goes along the short side* Mr* Schwan noted that the formula for corner lots would cover the situation — that is, the frontage would be fibred as the frontage which fronts on the primary road (that is, before the connecting street was constructed). Ben Boynton raised the question of developers who have to develop their own water supply* Supervisor Schwan indicated that this problem had not yet been explored* Mr* Boynton asked if the developer puts in his own water system and has no benefit from the Town, perhaps they should not be charged* He suggested that the Town Board give this matter some consideration* Mr* Boyoucos sug gested that if a developer knows that water is available and still builds his own system, he might unfortunately have to pay a benefit charge to the Town in any event* Supervisor Schwan noted that in such case the developer would still have to pay for what the Town has put in the ground, whether the developer uses the water or not. Mr* Boynton noted that the definition of "availability" is important. Councilman McElwee suggested that the developer would be getting some benefit since he would be getting fire protection* Councilman Del Rosso asked whether the Supervisor had checked the formulas against the present watered and sewered parcels to deter mine whether the proposed $73*00 per unit charge for water and sewer would produce sufficient revenue to pay off the bond issues* Super visor Schwan said the $73*00 figure would be sufficient under the proposed formulas* Mr* Boynton questioned whether a house with an apartment in it would be one unit or two units* He was told it would be two units. Mr* Boynton suggested that the language of the formulas be clarified to make this perfectly clear* Mr* Boynton also asked about community ri living plac.es, where, for instance, they have I6 sutdents* Super- | | visor Schwan said that the present ordinance calls for only three unrelated persons in an apartment* Mr* Berkey asked how the Board Justified charging two units in one case and one unit in the other case when an apartment is in volved, but the frontage is 100 feet in both cases. The cost to run the line is the same* Supervisor Schwan said that additional benefit was conferred in that the owner is able to make more money if there is an apartment* Further, if Mr* Berkey*s principle was accepted, how would multiple dwellings be assessed? Mr* Buyoucos said that in terms of fairness the matter could be argued, but that the law says all people have to be treated equally* Supervisor Schwan emphasized that the Board is trying to devise a formula that is equitable, and that considering the great variety of circumstances and parcels it is rather a complex Job* The Board will welcome suggestions from all during the next three or four weeks* Mr* Berkey asked when the Board would officially vote on the formulas. Supervisor Schwan said that Town Law says the preliminary assessment roll for special district purposes must be prepax^d in September and it has to be brought to a preliminary budget hearing in October and, approved at a Public Hearing in November* The notice of the roll having been prepared will be published and then the roll is opened for inspection. Supervisor Schwan asked if any other persons wished to be heard, and no one wishing to be heard, he terminated the public hearing* APPOINTMENT - DOG ENUMERATOR Motion by Councilman McElwee; seconded by Councilmian Desch, RESOLVED, that Mrs* June Miles, III5 Danby Road, be appointed Dog Enumerator for the Town of Ithaca for 1972* Unanimously carried* 69 - 3 - August 9^ 1971 NEW YORK STATE MAGISTRATES ASSOCIATION ANNUAL MEETING "Motion by Councilman Desch; seconded by Councilman McElwee, RESOLVED, iJhat the Town Board approves attendance on the part of Justice Frederick R. Hartsock and Justice Warren A. Blye at the Annual Meeting of the New York State Magistrates Association on September 12, 13, and l4 and the expenses associated therewith, ^ Unanimously carried, ACCEPTANCE OF RIGHT OF WAY ST, CATHERINE'S CIRCLE Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Town Board accept St, Catherine's Circle as shown on map of Arthur A, Prince dated January 20, 19^9^ revised March 5 and March 12, 19^9^ on the condition that the southerly 25 feet of Lot 4 (Block 3) and the northerly 25 feet of Lot 5 (Block 3) having a combined width of 50 feet, are either reserved for future conveyance to the Town of Ithaca upon demand by the Town for connection to Texas Lane Extension and as the Town Attorney may recommend and determine. Unanimously carried, COST SHARING AND RATE STRUCTURE - CITY WATER SYSTEM Supervisor Schwan said the Town Board had been requested by the Board of Public Works of the City of Ithaca to indicate as a Board a willing ness to share the cost of a study of the City of Ithaca's water system, said study to be directed mainly in the area of cost and rate structure. There was no discussion of what the Town of Ithaca's share would be. That will be discussed and will be made part of a resolution, Mr, Schwan said his feeling was that the Board could appoint a committee to sit down with the City and discuss what the share of the cost wouldnbe. What the City wanted was a resolution that the Towi of Ithaca was willing in principle to share in the cost. Supervisor Schwan noted that the Town Board insists on having a voice in who the en gineering firm will be, what they will study, and that they will accept in-put from the Town, Motion by Councilman Desch; seconded by Councilman McElwee, RESOLVED, that the Town of Ithaca has decided to proceed further in discussions of the feasibility of financing jointly with the City the study involving the establishment of the rate structure and identifi cation of costs involved in the City of Ithaca water operation and that the Town Board of the Town of Ithaca proceed immediately on this joint basis with the City. Unanimously carried, AD HOC COMMITTEE OF THE PLANNING COALITION There was discussion with regard to the formation of an ad hoc commit tee of the Planning Coalition, composed of representatives of the Town of Ithaca, the Village of Cayuga Heights, and the City of Ithaca to study mutual cooperation. Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVEI), that the Town Board ask the County Planning Coalition to form an ad hoc committee of the Coalition composed of the members appointed from all three entities — the City of Ithaca, the Village of Cayuga Heights, and the Town of Ithaca — so they may act as an ad hoc committee of the whole to explore mutual cooperation, with the provision that additional members may be appointed to the committee by the three municipalities so that all will have equal representation on the committee. Unanimously carried, SITE PLANS AND DRAWINGS - DAIRYLEA MILK AND MILLBROOK BREAD Mr, William Westney, Latta Brook Builders, presented site plans for the planned Dairylea Milk Distribution Center and the Millbrook Bread Distribution Center and Retail Outlet on the Elmira Road, There was discussion of Millbrook's construction of a commercial development in - 4 - August 9> 1971 a light-industrial zone. It was noted that Millbrook's planned 70 foot setback exceeded the 30 foot requirement for a commercial set back but fell short of the 100 feet for light industrial# It was made clear that should Millbrook convert its building to light- industrial use in the future, it would have to 'apply for a variance, and the representative of Millbrook indicated that he understood this. Councilmetn Desch raised the matter of border greenery in both cases — ^ the Millbrook lot and the Dairylea lot. Motion by Councilman McElwee; seconded by Councilman Powers, RESOLVED, that the Town Board accept the preliminary site plans for ^ the Millbrook Bread Distribution Center and Retail Outlet on the ^ ^ Elmira Road, as presented, with the provision that there be added a strip of plantings between the parking lot and the State ffi.ghway in accordance with the requirements of Paragraph 5> Section 45, of the Zoning Ordinance, and with the further condition that this site plan approval shall be revoked in the event the premises are jio longer used for commercial purposes unless there is compliance with the set—back provisions of the Ordinance. Unanimously carried. This motion gave rise to the question of whether other developers are complying with the requirements hereinabove required of Millbrook and the feeling of the Board was that this should be looked into and that whatever enforcement is necessary be carried out. Motion by Councilman McElwee; seconded by Councilman Powers, RESOLVED, that the site plans for the Dairylea Miik Distribution Centef (Lot No. 3, Mancini Plot, Elmira Road, dated 8/8/67 by Egner & Niederkorn Associates, Inc.) be approved, with the provision that a five-foot planting on both the side lot lines be carried out. Unanimously carried. TRANSFER OF FUNDS _ Motion by Councilman Desch; seconded by Coimcilman Del Rosso, RESOLVED, that $1,000.00 be transferred from Account No. A-1990.4 (Contingency) to Account No. A-1670.4. Unanimously carried. BOND ANTICIPATION NOTE - NORTHEAST SEWER DISTRICT Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the Town Supervisor and/or the Town Clerk be author ized to renew the bond anticipation note of the Northeast Sewer District in the amount of $449,155*70 which becomesdue September 2, 1971 to March 3, 1972. Unanimously carried. SCHOOL CROSSING GUARD - RENWICK DRIVE Supervisor Schwaji reported that the Board has had a request from the Ithaca School District to hire a school crossing guard for Renwick Drive near the new Boynton Junior High School. There was consider able discussion of how much responsibility the Town ^ard would take ^ upon its shoulders if such a step were taken. The Town Attorney in dicated that the Town could not hire anyone without accepting respon sibility for their actions. Note was taken of the unusual circum stances surrounding this area — the unusual hazard, the fact that a State Highway is involved, and that a precedent might be set. There was also the question of how this might affect our insurance coverage. Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the Supervisor be authorized to advertise for a school guard for Renwick Drive near the new Boynton Junior High School> - 5 - August 9, 1971 with the provision that should the State approve a 15-mile-per-hour zone in the area, the Town would thendflispense with the services of the school crossing guard. Councilman Desch voting "Aye" Councilman Powers voting "Aye" Supervisor Schwan voting "Aye" Councilman McElwee voting "Nay" n Councilman Del Rosso voting "Nay" Carried. It should be noted that the Town Attorney expressed doubts about the wisdom of passing the resolution. Supervisor Schwan indicated that he would talk to the Board of Education about the responsibility for guarding the crossing. CINDER AND PATCH TRUCK AUTHORIZATION TO ADVERTISE FOR BIDS Motion by Supervisor Schwan;- seconded by Councilman Desch, RESOLVED, that the Town Highway Superintendent, Marion Morey, be authorized to advertise for bids for a small cinder and patch truck as a^ replacement for the truck currently in use (Mr. Morey having presented specifications for same). Unanimously carried. i PERSONS TO BE HEARD Lyman Baker of 257 Pennsylvania Avenue requested that his basement be served by the Town sewer system. The sewer line is above the apartment floor. The Town Board listened sympathetically to Mr. Baker's request. The Town Board, regretfully, had to deny ^ Mr. Baker's request on the ground that too many similar special j cases exist, and the Town is not in a position to accept responsi- bility for all of them. The Town Board did, however, suggest some methods that Mr. Baker might wish to follow at his own expense. The Town Board also asked Mr. Baker to furnish the Town Attorney with an abstract of title to his property so the area in question could be studied. Neil Hertz asked what progress was being made with the matter of the Ithaca-Rumsey gravel pit, particularly wanting to know if they were clearly in violation of the Zoning Ordinance of the Town of Ithaca. He was advised that the Town of Ithaca was in the process of bringing an action in this matter. Joseph Eiden, 301 Tareyton Road, appeared before the Board and said it was apparently the intention of the Town to acquire an easement to black-top walkway between Texas Lane and Simsbury Drive, the purpose being to provide pedestrian access to the school. That after the last Board meeting he indicated there was a comment about the walkway in the Northeast. He wanted tiK^know what the status of the Northeast walkway matter is now. He said the Town had to grapple with the question of whether children will have access to this walk way or whether they will be bused. He said if the walkway was not used, his child would have to walk a mile and a quarter to get to _ school. Supervisor Schwan admitted that the walkway is definitely ! a problem to grapple with, particularly from the standpoint of the 1 i Town's liability and from the standpoint of maintenance. The walk way was closed recently until the question of liability, among other things, has been clarified. Mr. Eiden wondered why the Town was considering taking on another walkway when they were already having difficulty with the Northeast walkway. Supervisor Schwan in dicated that the Town would not take on one without first resolving the problems with the Northeast walkway. Supervisor Schwan noted that the Town has no deed to the walkway. The land belongs to Cornell University. The Town acquired the right to use and maintain the walk way by virtue of a Revocable License from Cornell University to the Town of Ithaca. The Board said it was sympathetic with Mr. Eiden's problem, but intended for the time being to keep the walkway closed until the matter has been resolved. 72 - 6 - August 9, 1971 WOODGATE LANE EXTENSION The Town Attorney reported that the Woodgate Lane extension was now been accepted as a Town road in view of the fact that the conditions enumerated in the Town Board minutes of June 197I have been com plied with, that is, (1) the Town Highway Superintendent has approved the deed indicating that the road meets Town specifications, (2) the — deed has been approved by the Town Attorney, and (3) the deed was recorded in the Tompkins County Clerk's Office on August 9j 1971 in Liber 494 of Deeds at page 214, APPROVAL OF WARRANTS Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the warrants dated August 9, 1971> in the following amounts, be paid: General Fund $ 28,168.35 Highway Fund $ 2,343.91 Unanimously carried. ADJOURHMENT The meeting was adjourned at 8:30 p.m. Edward L. Bergen Town Clerk