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HomeMy WebLinkAboutTB Minutes 1973-03-12TOWN OF ITHACA EEGULAR B0ARD toESflNG Mal^ch 12, 1973 At a Regular Meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town of Ithaca Offices at 108 East Green ,Street, Ithaca, New York, on the 12th day of March, 1973^ at 5:100 p.m., thefC were " PRESENT: Walter J. Schwah, Supervisor ^ Noel Desch, Councilman Robert N. Powers, Councilman ABSENT: Andrew W. McElwee, Councilman victor Del Rosso, Councilman ALSO PRESENT: John C. Barney, Attorney Peter K. Prancese, Planning Consultant Mr^, Barbara Holcombi Chairman, Planning Board Kenneth Kroohs, Town Engineer-Planner Mdrion Morey, Highway Superintendent Mrs. Beverly Livesay Mrs. Catherine Valentino Edward P. Riley Herbert Mahr Radio, TV, and Press The meeting was called to order at 5:30 p.m. PUBLIC HEARING - AMENIDMENT OF TRAFFIC ORDINANCE Proof of posting and publication having been presented, the Super- ^ visor opened the Public Hearing with respect to amending the Traffic Ordinance of the Town of Ithaca by the addition of several areas to. be designated as "no parking" areas in the Town of Ithaca. Mrs. Holcomb, Chairman of the Planning Board, made the following recommendations: (1) No parking on Pleasant Grove Road, both sides, from the Village Line to the intersection with Forest Home Drive (Route 392). (2) No parking on Snyder Hill Road, both sides, from the Town of Dryden line to the intersection with Pine Tree Road. (3) No parking on Judd Falls Road from Rt. 366 to the railroad overpass, both sides. There was some question as to what good this would do since our ultimate objective is to prevent people from parking on the shoulders whereas the present Traffic Ordinance and the suggested amendment concern parking on the pavement. The consensus was, however, that this was a major step in the right direction, and the Board might * look at the whole problem again with the possibility in mind of re writing the whole ordinance. Since the Town does not have a con- stable, there would be some difficulty with enforcement. John Barney, attorney, suggested that the wording might be changed to a prohibi tion of parking on the "right-of-way". It was felt, however, that the intent of the original ordinance was to prevent only parking on the pavement, leaving open the possibility of parking on the shoulder. Herbert Mahr felt the proposal did not solve the overall parking problem in the Town of Ithaca. He said just selecting an area in one part of Town to prohibit parking merely funneled people to other areas where parking is just as undesirable. He said we do not want the Twon to become a parking lot. He suggested that the solution is to build parking lots at the Town line near Lansing, Triphammer Road, Warren Road, and Lower Creek Road. He said the Town should be - 2 - Maa^ch 12, 1973 surrounded with parking lots as the Town develops i^d extend the bus system. People could be transpoi*ted from the parking lots to where they want to go. This system could be attempted in the areas indi- catedi and if it works, the system might be extended to West Hill and South Hill. The Supervisor thought it a rathef elabcirate plan since the Town is only trying to solve a i)roblem in k few local areas. There hts not been a great deal of complaint from the citizenry in ^ general with respect to parking, i^eter Pr^cese, Planning Consultant, w suggested that walkways or rolled ciirbing in certain areas might be ' helpful* j Mrs i Livesay wondered where people are supposed to park, considering the number of roads in the Town with high crowns and no shoulders. She Said Regency Lane is a trouble spot; The Supervisor said we are not trying to prohibit parking on the pav^ent in the whole Town, but only in certain selected trouble spotsi Mrs, Livesay said it was her understanding that according to the law ohe cannot park on the pavement anywhere in the Town. It appeared that the law would have to be researched on that point, Mfsj, Livesay Said mojre off-street parking was needed; that there are some afeas in the Town where we do not even have the retjuired four f*o6t shoulder. Councilman Powers said the Board should be concerned about sudh areas and look into the ?? Mrs, Livesay said if parkiiig is now getting to be a problemthe Town Board should address itsdlf to the problem. The Board felt it was hot that much of a prdblem except in specific areas and as to those areas the Town Board is addressing itsaif. The Board stated that the present Intent is td cdrredt a Ideal condition, and that parkihg as an overall pfdbleni, if there is one^ would have to be looked at in a broader perspective, even beyond the ordinance. Motion by Supervisor Schwan; seconded by Councilman Powers, « RESOLVED, that the Traffic Ordinance of the Town of Ithaca (adopted ' September 7, 19ol, effective September 26, I961) be amended to read > as follows: ' WHEREAS, the Town of Ithaca is a town of the first class having a population in excess of eight thousand and therefore has additional powers and responsibilities with respect to traffic regu lations by virtue of 1661 of the Vehicle and Traffic Law; and WHEREAS, Section 130 of the Town Law provides the manner in which an ordinance regulating the use of streets and hi^ways by motor vehicles may be adopted; and WHEREAS, a Public Hearing on the enactment of this ordinauice has been duly called sind held, NOW, THEREFORE, BE IT ORDAINED by the Town Board of the Town of Ithaca as follows: Section 1. Parking Vehicles, The parking of motor vehicles or any part thereof on the paved portion of town highways is prohibited in any of the following 1 locations: ■mig (aj On both sides of Mclntyre Place,. (b) On both sides of Judd Palls Road from its intersection^ with Tower Road to its intersection with Forest Home \' Drive.(c) No parking on Pleasant Grove Road, both sides, from the Village Line to the intersection with Forest HomeDrive (Route 392).(d) On Snyder Hill Road, both sides, from the Town of Dryden line to the intersection with Pine Tree Road.(e) On Judd Falls Road from Rt, 366 to the railroad overpass, both sides. AS c. - 3 - March 12, 1973 Section^' Penalties. Any violation of this ordinance shall constitute a traffic infraction ajid any persons violating the riame shall be deemed guilty of a traffic infraction and shall be punishabj.e by a fine not exceed ing $25.00 for each offense* Unanimously carried. No other persons having expressed a desire to be heard prior to the adoption of the foregoing resolution, the hearing was closed. REQUESTS FOR REFUND OF TAX ASSESSkENTS Mr. Donald M. Erickson, 153 King Road East, had requested a refund with respect to his Parcel No. 44-2-6 in view of the fact that there is an underground gas line across a portion of his property. The consensus of the Board was to deny this request at this time since it is not clear how many other parcels in the Town of Ithaca may have such underground lines (not shown on tax maps) and the under ground lines do not bar general usa of the property. It is possible that at some future time a method of handling situations like this via a change in the rormula for assessing \init charges might be adopted. Supervisor Schwan reported that John Gibson, 1702 Slaterville Road, had been charged for a sewer unit in 1972 and 1973, in error, on Parcel 56-3-15. There is no sewer available to this property. He, therefore, recommended a refund of $100.00, less the nominal penny charges. Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that a refund in the amount of $100.00, less nominal penny charges, be made to John Gibson, Parcel No. 56-3-15^ for two sewer units billed in error, one for 1972 and one for 1973. Unanimously carried. PROPOSED IMPROVEMENT OF HONNESS LANE Kenneth Kroohs, Town Engineer-Planner, furnished the Board with sketches of plan for the improvement of Honness Lane. He reported that the worst condition is on the north side of Honness Lane. He recommended that an underground structure be built starting on the north side of Honness Lane beginning Just east of the west entrance road to the proposed Eastwood Commons development. Just uphill from the entrance road. He said the Town should attempt to coordinate its efforts with the State Highway Department and the Eastwood Com mons development. He recommended underground pipe and gravel should ers and said it would require about 400 feet of pipe. The matter was deferred until the plans of the Schickel Environmental Development Company with respect to the Eastwood Commons development are further along. SCHEDULING OF PUBLIC HEARING - BOLTON POINT The Board considered scheduling two public hearings for April 2, 1973, ^ one for a comprehensive water improvement including a water treatment plant, transmission main and pump station for an intermunicipal water ^ supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights; and one for a comprehensive water improve ment including water transmission mains, booster stations and storage tank for an intermunicipal water transmission facility for the Towns of Dryden and Ithaca and the Village of Cayuga Heights. The first project was scheduled for a hearing at 7:30 p.m. and the second for a hearing at 8:00 p.m. on April 2, 1973, in accordance with the following Orders: A.S'V - 4 - March 12, 1973 EASTWOOD COMMOHS RESOmTION The Board gave consideration to several ^endinents to the resolution passed on Febiriary 26, 1973 with respect to the Eastwood Commons development. The Board wanted to give futh0r consideration to the matter of occupancy, elimination of sectiori with regard to curb cut approvals by the Department of Transpoftatibr^ and the Tompkins County Highway Department. A public hearing is required to do this, wr Motion by Councilman Desch; sedphded by Cotuiciltnan Powers, RESOLVED, that the Town Boai'd 6f the Town of Ithaca will hold a Public Hearing on April 9^ 1973^ at 5:30 p.mi to consider certain amendments to the resolution of the Town Board at its meeting on February 26, 1973 approving rezohing some 19 acres of land on Honness Lane from R-15 to Multiple Residence. tJnahimously carried. HAAG AMD WHITE PROPOSED REgQNlii^G Mrs. Barbara Holcomb, Chairman, Planning Board, recommended that the Town Board schedule a public hearing to consider the rezoning of a parcel of land approximately 8.37 acres off Five Mile Drive and Fidler Road from R-9 and R-30 to Multiple Residence. This is the same piece of land originally proposed to be rezoned by Frederick Rolfe. For the Board's information, Mrs. Holcomb read a resolution adopted by the Town Planning Board on July I9, 1971, as follows: RESOLVED: that the proposed re-zoning of the Frederick Rolfe property from R-9 to Multiple Residence, as presented at the Public Hearing before the Town Board, be approved, with the provision that the developer, Mr. Rolfe, will furnish the Town Board with two cloth ^ and two paper drawings showing exactly how it is to be built, to- _ gether with the proper approvals of the Health Department, Planning ^ Board and Town Board." The conditions in the resolution were never ^ complied with and it appears the project did not materialize because of a lack of financing. Haag & White subsequently acquired an option to this land and they are proposing 30 units in two buildings. The Health Department has been contacted informally, and their opinion is that the land can sustain the required septic fields and wells for that number of units. Anything done will be contingent upon Health Department app:-oval. This development would be slightly more dense than single far.iiy cluster but slightly less dense than R-I5. Motion by Supervisor L-ihwan5 seconded by Councilman Powers, RESOLVED, that the T:vr.i Board of the Town of Ithaca will hold a Public Hearing on Api-ll 9, 1973 at 5:^5 P.M. to consider the appli cation of Messrs. Haag and Phillip White for the re/.oning of approximately 8.37 ocr.53 of land off Plve Mile Drive and Fidler Road from R-9 and R-30 Iv-'Nidential to Multiple Residence District. Unanimously carried. agreement for the expenditure OF HIGHWAY MONIES Highway Superintendent Morey presented to the Board copy of Agreement for the Expenditure of Highway Moneys and requested the Board's authorization for such expenditures. A copy of the agreement is attached to these minutes, signed by Mr. Morey and the Board. BOCES WALKWAY The Board requested the Supervisor to prepare a chronological list of events leading up to the BOCES walkway matter. The Supervisor said he would do so and would also talk with the BOCES people to determine why they want to be relieved of the walkway. Attorney John C. Barney was asked to look into the status of the pending lawsuit against the Town, et al. regarding the accident on this walkway. - 5 - March 12, 1973 APPROVAL OF WARRANTS Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the Warrants dated March 12, 1973^ in the following amounts> be approved. ^ General . $ 10,007.31 Highway .. i | 8,383.30 Water and Sewer Fund . . $196,646.46 Unanimously carried. ADJOURMENT The meeting was adjourned. Edward L. Bergen Town Clerk iMfiV n ^ ./f .C.984.T.H.21- 195S. X A©«tMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS ItbaoaAGREEMENT between the Town Superintendent of the Town of TOHIpTl lT*i County, New York, and the undersigned members of the Town Board, ^ 2. Pursuant to the provisions of Section 284 of the Highway Low, we agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows; 1, GENERAL REPAIRS. The sum of BfjQ shall be set aside to be expended for primary work and general re pairs upon^Z^bS miles of town highways, including sluices, culverts and bfldges having a span of less than five feet and boardwalks or the renewals thereof. ' PERMANENT IMPROVEMENTS. The following sums shall be set aside to be expended for the permanent improvement of town highways: (a)On the road commencing at « and leading to f T.UOflntl aubdlV!Lgj.0Q) . «disunce of JL there shall be expended not over the sum of $ TO #000aQO TSf^—^— Width of traveled surface ^0Type miles, Thickness Subbase ttifl ■rovm Btathrop ;ir. and nhrlatonhgr glrole. (b) On the road commehcing at w—t Haven /J. and leading to m a distance of 1 mZ miles, there shall be expended not over the sum of % fy>On|yQQ •j-ypc • Width of traveled surface Thickness 181 Subbase dirt niArnn on Ht^rxvi Aide to 20* and RgBUrlfiQe* (c) On the road commencing at fjli l me and leading to ifd.a distance of UT .miles, there shall be expended not over the sum of SJjOuQ^OQType Width of traveled surface Thickness X** Subbase 20* Sbftl mad rtnnrA kmix, f^OQ^QQ ythmre neadod# No moneys set aside for such permanent improvements shall be expended, nor shall any work be undertaken on suchimprovements, untU the County Superintendent approves the plans, specifications and estimates for such construction. This agreement shall take effect when it is approved by the County Superintendent of Highways. Executed in duplicate this | Justice ilnun Justice of Peace - Cotsicllinsn Councilman Comcllnun Councilman The foregoing Agreement is hereby approved this dayreaoing Agr« Councilman imCTuTent of Town SupCnntehtendent NOTE: This Agreemenl should be signed in duplicate by a majority of the members of the Town Boa^ and by the Town Superintendent.Holh copies mUHl be approved by the County Superintendent. One copy must be filed in the Town Clerk a office and one in the CountySuperintendent's office. COPIES DO NOT HAVE TO BE FILED. IN ALBANY. V An order at a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Offices in the City of Ithaca, New York, on the 12th day of March, 1973 PRESENT; Walter J. Schwan> Supervisor Noel pesch^ Councilman Robert N. Powers> Councilmart ABSENT: Andrew Wi McElwee^ Councilman Victor Del Rosso, Councilman In the Matter of The Authorization of a Water Improvement in and for the Town of Ithaca, Tompkins County, New York, Pursuant to Article 12-C of the Town Law. WHEREAS, a plan, report and map have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the providing of a water improvement in the area of said Town outside of any villages; and WHEREAS, such plan, report and map provide for the furnishing of a comprehensive water improvement including a water treatment plant, transmission main and pump station for an intermunicipal water supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights in Tompkins County, New York, all for the joint use and operation by the Town of Ithaca with the Towns of Dryden and Lansing and the Village of Cayuga Heights in the County of Tompkins pursuant to an agreement of municipal cooperation to be entered into by and among the said Village and said Towns pursuant to Article 5-G of the General Municipal Law; and WHEREAS, such plan, report and map have been duly filed in the office of the Town Clerk of the Town of Ithaca and are available at said office for public inspection during regular office hours; and WHEREAS, the boundaries of the proposed benefited area in the Town of Ithaca constitute the boundaries of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights in said Town; and WHEREAS, the proposed water improvement as set forth and described in said plan, report and map consists of the construction of an intake and water treatment plant at Bolton Point on Lake Cayuga in the Town of Lansing, raw water pump station, force mains, plant and pump station roads and a transmission main to the Village of Cayuga Heights-Lansing town line together with appurtenant facili ties including the acquisition of necessary land or rights in land; and WHEREAS, the maximum amount proposed to be expended for said water improvement is $4,150,000; and WHEREAS, the proposed method of financing of the aforesaid costs pursuant to the aforesaid agreement of municipal cooperation consists of the incurring of joint indebtedness by the said Village of Cayuga Heights and the said towns of Lansing, Dryden and Ithaca to be evidenced by joint serial bonds to be issued jointly to mature in annual installments over a period not exceeding forty years and the share of said cost to be allocated to the Town of Ithaca pursuant to said agreement of municipal cooperation shall be determined on the basis of benefits received or conferred or to be received or conferred from the aforesaid improvement in said Town, which amount is presently estimated to be $2,5515000; and WHEREAS, the cost of said proposed water improvement alloca ted to the Town of Ithaca as aforesaid shall be borne by the area of the Town of Ithaca outside of the Village of Cayuga Heights, the only village located in said Town, the benefited area described above, and such cost shall be assessed, levied and collected from "the several lots and parcels of land in said benefited area of the ^ town in just proportion to the amount of benefit which the water improvement shall confer upon said lots or parcels; and WHEREAS, it is now desired to call a public hearing on the foregoing matters in accordance with the provisions of Section 209-q of the Town Law^ NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Seciidn 1. A meeting of the Town Boaifd of the Town of Ithaca, Tdmpkins county. New York, shall be held at 108 East Green Street, Ithaca, New York, (Town Offices on third floor), on the 2nd day of April, 19735 at 7:jO o'clock P.M., Eastern Standard Time, for the purpose of conducting a public hearing on the authorization of the aforesaid improvement and establishment of the aforesaid benefited area and the plan, report and map filed in relatiori thereto at which time all persons interested in the subject matter may be heard con cerning the same, and for the purpose of taking such further action on the aforesaid matters as is authorized or required by law. Section 2. The Town Clerk is hereby directed to give notice of such public hearing by publishing a copy of this Order once in the Ithaca Journal, the official newspaper of said Town and by post ing a copy thereof upon the signboard maintained by him pursuant to ^ Section 30 of the Town Law and as required by the provisions of sub division 3 of Section 209-q of the Town Law. Section 3» This order shall take effect immediately. Dated: March 12, 19735 Ithaca, New York An Order at a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York^ held at the Town Offices in the City of Ithaca, New Ybrk, on the 12th day of March, 1973• PRESENT: Walter J. Schwan, Supervisor Noel Desch, Councilman ^ Robert N. Powers, Councilman ABSENT: Andrew W. McElwee, Counciinikh Victor Del Rosso, Councilman In the Matter of The Authorization of a Water Improvement in and for the Town of Ithaca, Tompkins County, New York, Pursuant to Article 12-C of the Town Law. WHEREAS, a plan, report and map have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the providing of a water improvement in the area of said Town outside of any villages; and WHEREAS, such plan, report and map provide for the furnishing of a comprehensive water improvement including water transmission mains, booster stations and storage tank for an intermunicipal water transmission facility for the Towns of Dryden and Ithaca and the Village of Cayuga Heights in Tompkins County, New York, all for the joint use and operation by the Town of Ithaca with the Town of Dryden and the Village of Cayuga Heights in the County of Tompkins pursuant to an agreement of municipal cooperation to be entered into by and Among the said Village and said Towns pursuant to Article 5-G of the General Municipal Law; and WHEREAS, such plan, report and map have been duly filed in the office of the Town Clerk of the Town of Ithaca and are available at said office for public inspection during regular office hours; and WHEREAS, the boundaries of the proposed benefited area in the Town of Ithaca constitute the boundaries of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights in said Town; and WHEREAS, the proposed water improvement as set forth and described in said plan, report and map consists of, as a first stage of construction, the construction and installation of approximately 85,000 linear feet of transmission mains of varying diameters, a two million gallon storage reservoir and three booster stations, together with appurtenant facilities including the acquisition of necessary land or rights in land; and WHEREAS, the maximum amount proposed to be expended for said water improvement is $1,930,000; and WHEREAS, the proposed method of financing of the aforesaid costs pursuant to the aforesaid agreement of municipal cooperation consists of the incurring of joint indebtedness by the said Village of Cayuga Heights and the said towns of Dryden and Ithaca to be evidenced by joint serial bonds to be issued jointly to mature in annual installments over a period not exceeding forty years and the share of said cost to be allocated to the Town of Ithaca pursuant to said agreement of municipal cooperation shall be determined on the basis of benefits received or conferred or to be received or confer red from the aforesaid improvement in said Town, which amount is presently estimated to be $1,420,700; and WHEREAS, the cost of said proposed water improvement allocated to the Town of Ithaca as aforesaid shall be borne by the area of the Town of Ithaca outside of the VillAge of Cayuga Heights, the only ^ village located in said Town, the benefited area described above, ^ and such cost shall be assessed, levied and collected from the several lots and parcels of land ih said benefited area of the Town in Just proportion to the amount of benefit which the water improve ment shall confer upon said lots of parcels; and WHEREAS, it i6 now desired to call a public hearing on the foregoing matters in accordance with the provisions of Section 209-q of the Town Law, NOW, THEREFORE, BE IT OHDERED, by the Town Board of the Town of Ithaca, Tompkins CoTinty, Hew York, as follows i section 1. A meeting of the Town Board of the .Town of Ithaca, Tompkins county,New York, $hall be held at 108 East Green Street, lthadk> New York, (ToWn Offices on third floor), on the 2hd day of April, 1973, at 8:00 o'clock P.M., Eastern Standard Time, for the purpose of conducting a public hearing on the authorization of the aforesaid improvement and establishment of the aforesaid benefited area and the plan, report and map filed in relation thereto at which time all persons interested in the subject matter may be heard con cerning the same, and for the purpose of taking such further action on the aforesaid matters as is authorized or required by law. ^ Section 2. The Town Clerk is hereby directed to give notice of such public hearing by publishing a copy of this Order once in the Ithaca Journal, the official newspaper of said Town and by posting a copy thereof upon the signboard maintained by him pursuant to Section 30 of the Town Law and as required by the provisions of subdivision 3 of Section 209-q of the Town Law. Section 3* This order shall take effect immediately. Dated: March 12, 1973> Ithaca, New York