HomeMy WebLinkAboutTB Minutes 1973-07-09-^7
TOWN OP ITHACA
REGULAR BOARD MEETING
July 9, 1973
ABSENT:
ALSO PRESENT
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 9th day of July,
1973, at 5:00 p.m., there Were
PRESENT: WalteJ^ J. Schwan, Supervisor
Andrew W. McElwee, Councilman
Noel Desch, Councilman
Victor Del Rosso, Councilman
Robert N. Pov;ers, Councilman
J^es V. Buybucos, Town Attorney
Mrs. Barbara! Holcomb, Chairman, Planning Boeurd
K^neth Krpohs, Town Engineer-Planner
David W. Cdjwan, Zoning Officer
Reynolds Metz, Assistant Zoning Officer
Mcurion Morey, Highway Superintendent
Nkrbeit ifechickel, Schickel Environmental3aveiopment Company
oynton, Groff Associates
Mr. and ilrs. Peter J. Hedrick
Arthur L. Berkey
Radio, TV, and Press
The meeting was called to order at 5:15 p.m.
APPROVAL OF MINUTES
Motion by Councilman Desch; seconded by Supervisor Schwan,
RESOLVED, that the minutes of May 21^ June 11, and J\me 25, 1973,
be approved, as presented.
Unanimously carried.
VINCENT R. FRANCIAMONE MATTER - 108 Ridqecrest Road
Supervisor Schwan referred to a letter dated July 2, 1973 to
Mr. Vincent R. Franciamone, 108 Ridgecrest Road, from Dr. Robert
H. Broad, Commissioner of Health, Tompkins County Department of
Health, ordering that the premises at 108 Ridgecrest Road, Town
of Ithaca, be connected to the sanitary sewer system of the Town
of Ithaca, and all sewage be discharged to that system not later
than August 1, 1973, and that the present method of sewage dis
posal be abandoned by that date. The Town Board had been fur
nished with a copy of the letter by the Town Clerk prior to tho
meeting.
In view of Mr. Franciamone's continued violation of the sewer
and zoning ordinances of the Town of Ithaca, and his failure to
comply with a Court order insofar as occupancy of the rear build
ing on the premises is concerned, the Board was of the opinion
that Bhr. Franciamone should continue to be denied a permit to
connect to the sewer system.
The Town Attorney recommended that the Zoning Officer make another
inspection of the Franciamone premises cuid report conditions there
to the Board and the Board directed the Zoning Officer to make such
inspection. Nhen the Board and the Town Attorney have the Zoning
Officer's report, a decision will be made as to what further action
is appropriate.
- 2 - July 9, 1973
)
O'NEIL VS. TOm OF ITHACA
Supervisor Schwan read a letter dated iuly 6, 1973 from Under
writers Adjusting Company Spying they had been handling the
O'Neil claim, involving a lawsuit by the! parents of Brian O'Neil
against the Town of Ithaca and others. The letter indicated that
the Town's basic insurance coverage did not include sidewalk cover
age (at the time of the accident), but that this is covered in
the excess policy (Continental policy). However, the excess policy
has a $10,000 deductible clause which applies. Therefore, the
settlement for the Town of Ithaca in this case in the amount of
$2,350.00 will have to be paid for by the Town.
Although there was some cohCem on th6 Board that perhaps the
Town had not been sufficiently protected by its insurance, the
Supervisor noted that the Town had never had a suit of this type
before and the insurance agent considered that a great deal of
money had been saved in the past in insurance premiums. The
Supervisor pointed out, hoWeveic, that this type of suit is pro-
liferating more and more nowadays and that the Town can no longer
afford to be without proper protection. The Town does now have
coverage for roads, streets, and sidewalks in its basic policy.
Motion by Supervisor $chWan? seconded by Councilman Desch,
RESOLVED, that $2,350.00 be transferred out of the Town's
town-Wide contihgency fund into Special Item A-193|0.0 Judgment an
and Claims Account from which the claim shall be paid subject to
the Town receiving the proper releases and waivers, and further
that the Supervisor be authorized to have the claim paid out of
sard account, when the formal bill is presented, without further
authorization at another Board meeting.
Unanimously carried.
AREA SPEED LIMITS
Supervisor Schwan reported that as a result of sending the request
for a 35 miles per hour speed limit on Elm Street Extension be
tween Haller Boulevard and Valley View Road to the Department of
Transportation a suggestion has been received from Howard A. Steven
son, Jr., County Highway Superintendent, that the Town might do
better in the future not to request specific speed limits but
request merely a reduction in the present speed limits. Specifi
cally, with regard to general requests, Mr. Stevenson felt the
Town would do better to request "area" speed limits, rather than
doing it piecemeal. He suggested also that the Town might con
sider requesting an area speed zone between Route 79 and down
to Route 13A and from the City as far west as the Town might
v/ish to go, perhaps as far as Valley View Road.
The Board felt these suggestions made considerable sense. The
matter was held in abeyance, however, until word is received
from the Department of Transportation with respect to the request
for the 35-mile per hour speed limit on Elm Street Extension be
tween Haller Boulevard and Valley View Road.
NORTHEAST SCHOOL T^gVLKWAY
Supervisor Schwan read a letter from the Board of Cooperative
Educational Services (BOCES), dated June 29, 1973, with regard
to the Northeast Walkway. The purpose of the letter was to
assure the Supervisor and the Ithaca Town Board that the pro
posed conveyance of the Northeast Walkway to the Town of Ithaca
will be made without obligation on the part of the Town now or
in the future to build or maintain a fence along the north line
of the walkway.
- 3 - July 9, 1973
ROUTE 392 - Ithaca Dryden, I^oad
The Supervisor read a letter dated July 3, 1973 to Howard A.
Stevenson, Jr,, Tompk^s County Superintendeht of Highways,
copy of which was sent to others concerned, including Super
visors of the Towns of Ithaca and Daryden, regarding the aban
donment of this route.
The letter indicates that the necessary documentation has been
prepared to carry out the proposed abandonement pending completion
of repairs to the two bridges over Pall Creek. It appears the
repair work is complete and it is now the intention of the Depart
ment of Transportation to resume abandonment proceedings. The
letter requested comments, if any, as soon as possible.
Councilman Desch felt the Ithaca Town Board should, participate l /
in a site tour with respect to this rdad with Charles Howe^l,
Dryden Town Supervisor, and with Mr. Stevenson. The Supeirvisor
said he would call Mr. Stevenson and try to arrange such a tour.
ASSOCIATION OF TOWNS LETTER
STATE EMPLOYEES' RETIREMENT SYSTEM
Supervisor Schwan read a letter dated July $, 1973 from William
K. Sanford, Executive Secretary of the Association of Towns, i?e-
question the Town's j^elpin continuing the present temporary
moratorium prohibiting bargaining with municipal employees for
retirement benefits for public employment contract purposes. It
appears that the Association of Towns is alarmed over the massive
increase in the cost of State Employees' Retrement System, a cost
borne by all county and state taxpayers whether the Town is a
participating employer or not. The letter requested that towns
let their Assemblyman and Senator know of their concern in this
area. Supervisor Schwan said that with the Board's concurrence he
would pass along to William (Cadillac) Smith and Constance E. Cook
that the Board is in agreement with the concerns expressed in this
letter. The Board agreed.
EASTWOOD COMIIONS DRAINAGE
The Supervisor read a letter dated July 9, 1973 from W. L. Cogg-
shall representing A. L. Coggshall, addressed to the Ithaca Town
Board, regarding drainage from the Eastwood Commons development.
The letter contends that the proposed Schickel development adds
drainage to the Coggshall culvert representing 17% more culvert
capacity, that the land never drained to this culvert previously
and that the Schickel development should install at least 17%
more culvert capacity as a safety factor. The letter further con
tended that the cost to the Schickel development of an 18-inch
or larger diameter pipe to protect the Coggshall culvert is small
compared to the damage possible if it is not required to be in-
stalled by the Town Board. Mr. Coggshall requested.the Board's
cooperation. The Coggshall memo was turned over to the Town Engin
eer-Planner for his study and recommendation.
EASTWOOD COMMONS LIGHTING DISTRICT - PUBLIC WEARING
Proof of posting and publication of notice of public hearing to
consider the establishment of a lighting district for the Eastwood
Commons development on Honness Lane having been presented, the
Supervisor opened the public hearing at 5s30 p.m. Mr. Schickel
presented letter of petition for such a district. Supervisor
Schwan exhibited map of proposed lighting district indicating
locations for the seven proposed lights.
- 4 - July 9, 1973
There was some discussion V7ith regard to the apparent requirement
of the New York State Electric & 6as Corporation for a continuing
15% annual charge on the dost of the original installation of an
underground wiring system for the proposed lights. There was also
^ some discussion and confusion as to whether a contract must be
negotiated with the New Yprk State Electric & Gas Corporation with
respect to the proposed lights or whether they are covered in the
existing contract the Town has with the New York State Electric &
Gas Corporation. The Supervisor and the Board were inclined to
believe it is not necessary to negotiate a new contract whenever
lights are installed, but that thpy are covered in the existing
contract. The Supervisor said he would be in touch with Mr, G, J.
Messmer, Commercial Representative of the New York State Electric
& Gas Corporation to clarify these matters.
It appearing that no persons were in opposition to the establish
ment of the proposed lighting district, the Supervisor closed the
hearing and the Board tPok the following actions
IN THE MATTER OP THE ESTABLISHMENT DP A LIGHTING DISTRICT IN THE
TOVJN OP ITHACA, TOMPKINS COUNTY, NEW YORK, PURSUANT TO ARTICLE
12-A OP THE TOWN LAW TO BE KNOWN AS "EASTWOOD COMMONS tlGHTING
DISTRICT"
WHEREAS, the map, plan and report have been prepared in
such manner and such detail as has heretofore been determined by
the Town Board relating to the establishment of a lighting district
in the area of the Town known as EASTWOOD COUffilONS on Honness Lane,
and
I j ^ WHEREAS, such map, plan and report have been duly filed
in the Town Clerk's Office in said Town, and
WHEREAS, the boundaries of the proposed district are as
set forth in Schedule A attached hereto, and
WiEREAS, the improvements proposed are the erection of
street lights and other facilities for furnishing of lights along
the streets and sidewalks of the above described area, and
WHEREAS, wood poles, lights and wiring from hand-hole to
the light will be installed by the Nev; York State Electric & Gas
Corporation pursuant to an agreement with the Town of Ithaca
(Eastwood Commons Lighting District) whereby the said facilities
will be installed and constructed by the said Corporation, and the
Town, thereafter will be obligated to pay an annual sum to cover .
the cost and operation of said facilities, and
WHEREAS, it is estimated that the mciximum annual amount
to be paid for the improvement is $315,00 (seven lights of 7,000
lumens each at $45.00 per light), and
VJHEREAS, no serial bonds or other obligations of the Town
will be issued in connection with the aforesaid expenditure, and
T-7HEREAS, it is proposed that the annual cost shall be
assessed, levied and collected from the several lots and parcels
of land within the said Eastwood Commons Lighting District in the
same manner and at the same time as other Town charges, and
TTOEREAS, proof of posting and publication of notice of
public hearing in this matter has been duly presented by the Town
Clerk of the Town of Ithaca, and
(tm,
- 5 - July 9, 1973
WHEREAS, said public hearting was held on the 9th day of
July, 1973, and the Tovm Board having heard everyone who wished to
be heard and it appearing that there was no opposition to the
establishment of said district,
NOW, on motion of Supervisor Schwan, and seconded by
Councilman McElwee, it is hereby RESOLVEDs
^(1) That the notice of hearing was published and posted
as required by law, and is otherwise sufficient,
(2) That all the property and property owners within
the proposed district are benefitted thereby»
(3) That all the property owners benefitted are included
within the limits of the proposed district.
(4) That the establishment of such district is in the
public interest.
IT IS FURTHER ORDERED AND RESOLVED, that
The Town Boerd of the Town of Ithaca hereby approves the
establishment of a lighting district in the Town of Ithaca to be
known as the Eastwood Commons Lighting District, and the Town Board
approves the construction of the improvements and the providing of
the said lighting service.
This resolution is subject to a permissive referendum in
accordance with the provisions of Article 209e of the Town Law.
The resolution was thereupon unanimously approved by an
affirmative vote of all members of the Town Board.
REPORTS OF TOWN OFFICIALS
Barbara Holcomb, Chairman, Planning Board. Mrs. Holcomb
reported that the Planning Board has scheduled a meeting for July
10, 1973 to discuss the proposed Zoning Ordinance, particularly
with reference to R-3 Mobile Home Residence District and B-1 Busi
ness District.
Kenneth Kroohs, Town Engineer-Planner. Mr. Kroohs reported
that he had received a letter dated June 21,1973 from Sandra
Gittelman, 109 Tudor Road, stating that she had noted an increase
in water run-off on the front ditch of their property. She lives
on the south side of Tudor Road. She contended that the additional
run-off is due to the clearing of the land by Eastern Heights and
the building of more houses on the upper part of Eastern Heights
Drive and the section now called Windridge. She contended that
during the last storm the run-off in their ditch was severe enough
to completely fill about 5 feet of the ditch with rock and silt
causing spill over their driveway and eroding of the driveway. She
requested that tlr. Kroohs check the property to ascertain if a
swale exists which she says the Town required of Eastern Heights
at the time of construction. Mrs. Gittelman said her concern is
twofoldg (1) fear that as the building continues to increase, each
severe rain, or heavy snow when thawing, will repeat the flooding
and eroding process? and (2) does the swale required by the Town
at the time of construction really exist.
The Town Board could recall no requirement for Eastern Heights to
have a swale. It appears that whereas the problem originally was
run-off on the north side, nov; the problem seems to be on the south
side. Councilman Desch suggested that Mr. Kroohs and P4r. Leo
Parente, Manager of Eastern Heights, have a look at the property,
and Mr. Kroohs make a recommendation to the Board.
r
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I i
«fT^
SCHETOLB A
ALL THAT TRACT OR PARCSL OF LABD situated in the Tom of
Ithaca^ County of Tompkins and State of Rev Tork, beina; Xooatod ^
Honnoss Lane« being bounded and desoribed as followss Beginning
at a point in the northerly right of way of Honness Lane^ said
point being the southeast comer of lands of Roberts as recorded
in the Toapklna County Clerk's office in Liber 315 at page 273|
thence running N-06^-l8*-04"-s along said Roberts, a distanee of
325.37* to a point; thence running N-83^-3V^21•-W, a distanee oi
to a polntj thence running Rr07®-25*-30"-E, a distance oi
966.12' to a point in the center line of a creek; thence running
easterly along the center line of said creek having a chord bear^
ing of S-81 -45'-22"-E for a distance of 248.30' to a point In
said center line of the creek; thence running 8~07®-25'-30**-W,
JL distance of 145.0' to a point; thence running lf-8l®-34'-02**-B,
r .
a distanee of 342.82' to a point; thence running S-18^-00'-06"-E,
a distance of 130.O' to a point; thence runnir^ N-7i^-59'-54'*-E,
a distance of 150.00'. to a point on the former right of way of
S. C. & N. railroad; thence running S-18 -00'*06'*-S along said I
riid^t of way4 a distance of 666.12' to a point; thence running !
8-68^-18'-25"-W, a distance of 120.40' to a point; thence running:
5-67*^-09*-45**-w, a distance of 345*20' to a point; thence running
eS-60 -00'-58"-W, a distance of 122.33* to a point; thence running
N-84^-00'-29"-W, a distance of 150.OO' to a point; thence running
S-06 ~l8'-04"-w, a distance of 264.00' to a point in the above
mentioned right of way of Honness Lane; thence running 5->84^* 19*-
02*-W along said right of way of Honness Lane^ a distance of 50*0^
to the place of beginning and containing l8*9 acres of land more
or less.
The above described premises are more particularly shewn on
a survey nap entitled "Map Showing a Portion of Lands of Snoe
Pyls* Bade by F. Donald McKee, Land Surveyor #32422^ dated June
20^ 1972# revised July 26^ 1972^ a copy of which has been filed
with the Town Clerk.
- 6 - July 9, 1973
JiTo Kroohs called to the attention of the Board again
that we have petitions of the residents of Campbell Avenue and
Hopkins Place and the residents of Williams Glen Road for the
improv^ent of these roads and their designation as Town roads.
Supervisor Schwan noted that the Town has been trying to prepare
^ proper descriptions of these roads, have them deeded to the
~ Town, and have a public hearing on the matter. The residents
of the area will eventually pick up the cost of the improvements,
lir. Kroohs presented construction estimates on materials — $2,600
for Williams Glen Road (about $1.20 per ffontage foot), and $2,300
for Campbell Avenue and Hopkins Place (about $1.84 per frontage
foot). Mr. Kroohs indicated that the Tdwn now has descriptions
of the properties bordering the roads in question and from those
a description of the roads could be made and deeds to the Town
prepared. Attorney Buyoucos was not certain that this would meet
the requirements of law and he recommended that a survey be made.
After some discussion of this point the Board was of the opinion
that the Town should not accept title to the roads without a sur
vey. Attorney Buyoucos noted there is a sedtion in the law which
requires the residents to pay $100.00 for the posting and publica
tion of the notice of public hearing. The Supervisor noted that
since posting and publication will not cost anything like $100.00
the difference between $100.00 and the actual cost should be re
funded to the residents. The Town Attorney will prepare a new
formal petition for the residents of Williams Glen Road and Camp
bell Avenue and Hopkins Place.
Motion by Councilman Desch? seconded by Supervisor Schwan,
RESOLVED, that the Town of Ithaca hire a surveyor to prepare a
survey of Williams Glen Road and Campbell Avenue and Hopkins Place,
^ that the costs of the improvements be paid by the signers of the
petition for the improvements, including the survey costs if the
parcels are dedicated as Town roads, and that in the event the
roads are not dedicated as Town roads the survey costs will be
paid by the Town out of the general fund.
Unanimously carried.
David W. Cowan, Zoning Officer. Mr. Cowan reported that
a great deal of his time had been spent working with the Planning
Board on the Zoning Ordinance. With the completion of the new
Zoning Ordinance he hoped to be able to take action in several
pending cases. The Board instructed Mr. Cowan to inspect the
Wiggans property on Danby Road where Mr. Wiggans would like to
convert an old barn into several apartments. Mr. Cowan was also
instructed to inspect the Pranciamone premises at 108 Ridgecrest
Road to determine if they are now in accordance with Court orders
and Town ordinances.
GROPF ASSOCIATES - HOUSING FOR THE
ELDERLY PROJECT - PUBLIC HEARING
Proof of posting and publication having been presented, the
Supervisor, at 6?00 p.m., opened the hearing with respect to
amending paragraphs 4 and 8 of the resolution adopted by the
I I Town Board on December 11, 1972 granting tax stabilization to
Groff Associates Housing for the Elderly project on Ellis Hollow
Road. This is 100 units of housing for middle income elderly and
handicapped elderly persons. The Supervisor noted that the reso
lution granting tax stabilization to Groff Associates was contin
gent on the County and the Ithaca City School District doing the
same. The School District approved. The County voted against
stabilization by an 8 to 7 vote. It appears the County was con
cerned with setting a precedent rather than with the merits of
the project.
1 !
- 7 - July 9, 1973
The Supervisor reported that he had advice from an attorney in
Albany from the State Board of Equalization and Assessment that
the Town has the authority to obligate the County and the School
District based on the fact that the Town doeSy in fact^ retain an
assessing function and actually does assess County property in
the Town of Ithaca» The intention of the Boards therefore^ is to
consider deleting paragraph 8 of the original resolution and modi
fying paragraph 4 The Supervisor said he had talked again to the
Senior Citizens and they are still in favor of the projecto They
do still have concerns about transportation and several other items.
These items will be covered in the contract which will be negotiated
between the Town cuid Croff Associates to implement the provisions
in the resolution.
The Supervisor reported he had the following information from Ben
Boynton of Groff Associatese
Maximum rent allowed by law is now $135.00. This
project is being developed with rents projected at
$125.00 per month.
IncomiB limit? earning for one (1) person can not
exceed $6,480 per year.
Minimum age to be able to move in - 62 years old.
Number of units which can be occupied by handicapped
(according to N. Y. State definitions) is 10.
Owner and government (P.H.A. Commissioner) Sign a
contract (called a regulatory agreement) for the
life of the mortgage - 40 years.
Project to be operated by Langley Jones, Syracuse,
New York. Applications for occupancy to be subject
to review by FHA and Town of Ithaca (Private Housing
Finance Law, Section 125),
Arthur L. Berkey asked if this project is middle income elderly
and the Supervisor said it was. Mr. Berkey asked if having pub
lic transportation available was a requirement for approval of
the project. The Supervisor said it was not a requirement, but
that some type of transportation would probably be furnished if
necessary. It is something the Senior Citizens would like to have
but they do not necessarily think it is absolutely necessary. The
Supervisor said the Senior Citizens had indicated interest in a
mini-bus service, the cost of the vehicle to he donated by the
developer. Dir. Berkey said he thought the propects for piiblic
transportation v/ere not particularly bright, &d felt the Board
should carefully consider whether this project should be approved
without assurance of public transportation. Whether transportation
would become necessary would depend, the Board felt, on how many
of the residents would drive their own cars and how self-contained
the community is. The Supervisor said the possibility still exists
that the City bus system might be extended after the project is
built. The Supervisor read Paragraph 6 of the December 11, 1972
resolution, as follows? "The Tovm Supervisor is authorized, with
the assistance of the Tovm Attorney, to negotiate a contract with
the Applicant /Groff Associates/ containing the foregoing provisions
and such other provisions as may be reasonably required by the
Supervisor and the Tovm Attorney to insure compliance by the Appli
cant with, and to give to the Town the rights intended to be re
served to the Town under, provisions of this resolution and the
provisions of Article V of the Private Housing Finance Law, and
such contract shall be reviewed by the Town Board prior to its
execution. The contract shall contain adequate provisions to
assure that reasonably adecfuate transportation facilities, whether
public or fiirnished by Applicant or paid by project, are available
to the occupants of the project to and from the downtovm section of
the City of Ithaca, if the Tovm Board shall determine that such
facilities are reasonably required."
- 8 - July 9, 1973
The Supervisor stated that if a real need for transportation
arises it will be provided one way or another.
Paragraph 4 of the resolution of December 11, 1972 was briefly
considered and the sense of the Board was to let it stand as is.
It appearing that no other persons wished to be heard, the Super
visor closed the hearing and the Board took the following action;
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the resolution duly adopted on December 11, 1972
by the Town Board of the Town of Ithaca granting tax stcibilization
to Groff Associates for Housing for Elderly F.H.A. Project No.013-
44031 LDC, Ellis Hollow Road, Town of Ithaca, be amended by delet
ing Paragraph 8 which reads aS follows' "The contract shall not be
executed by the Supervisor until the consent of the County and
School District to the tax exemption has been received by the Town,"
the intent of this resolution being to grant tax stabilization to
Groff Associates based upon a legal opinion from an attorney in
Albany (State Board of Equalization and Assessment) that the Town
does have the right to obligate the County and School District.
Unanimously carried.
Attorney Buyoucos said that since the statutes do not clearly
indicate that the Town has the authority to obligate the County
and School District, he would like to have an opinion on this in
writing from the attorney in Albany. The Supervisor said he would
get such opinion in writing. Since the statutes are not clear.
Attorney Buyoucos recommended the adoption of a resolution which
would serve to inform Groff Associates that the Town makes no
representation that it does, in fact, have the authority to obli
gate the County and School District in the matter of tax abatement,
and that Groff Associates must themselves deteinnine the validity,
applicability, and enforceability of the foregoing resolution, the
proposed resolution he is recommending to contain a direction to
the Supervisor to include in any contract executed pursuant to
Paragraph 6 of the original resolution of December 11, 1972 pro
visions to protect the Town from any licibility it might sustain
as a result of the adoption of the foregoing resolution and the
granting of teix abatement.
Councilman McElwee wondered if this resolution recommended by
Attorney Buyoucos might not negate the foregoing resolution in
the eyes of the PHA and cause them to withdraw approval of the
project. Mr. Boynton, Groff Associates, did not know what the
effect of the recommended resolution would be insofar as the FHA
is concerned. The Board felt the Town needed the protection and
took the following action:
Motion by Supervisor Schwan? seconded by Councilman Desch,
W^l^AS, the Town Board has enacted the foregoing resolu
tion providing tax abatement for Groff Associates Housing Project
for the Elderly on Ellis Hollow Road, and
WHEREAS, said resolution and this resolution have been
enacted at the request of Groff Associates and on their represen
tation that they are the sole owners of the premises designated in
said prior resolution, and
U'THEREAS, the Town has received advice from an attorney
in the State Board of Equalization and Assessment, and
T^HEREAS, the Town Board of the Tovm of Ithaca has only
such powers for providing tax abatement as are delegated to it by
statute, and
" 9 - July 9, 1973
WHEREAS, differences of opinion have arisen and may
arise as to the power of the Town of Ithaca to bind other taxing
DistSct^^it County and the City of Ithaca School
RESOLVED, that the Town of Ithaca inform the said Groff
Associates that the Town makes no representation to Groff Associ
ates as to whether the Toim can grant such tax abatement from
taxes of the County and the School District and that it is the
responsibility of Groff Associates, its successors and assigns, to
etermine for itself the validity, applicability, and enforceability
f^o^fsaid resolution and the Town Supervisor of the Town of
Ithaca IS directed to include in any contract executed pursuant to
Paragraph 6 of the original resolution to provide appropriate pro
visions to save and hold harmless the Town of Ithaca from any and
all suits, costs, liabilities, expenses and damages of any kind it
sustain because of the adoption of the foregoing resolution by
the Town and the granting of the tax abatement.
Unanimously carried.
PERSONS TO BE HEARD
Peter J, Hedrick, 616 Coddington Road. Mr. Hedrick
appeared before the Board to say he and his family live in an
area which is not served by City water and sewer lines. They
are now faced with a much reduced supply of water because of an
inadequate well. The water in their well is low and is muddy.
They are hauling water from Ithaca College for drinking and cook
ing.
In view of the fact that others in the Coddington and Troy Roads
® similar situation the Supervisor advised Mr. Hedrick^ that the Town will move immediately to get an engineering plan for
j the area and cost estimates. When the plan and cost estimates are
received, the Town Attorney will prepare a formal petition for the
residents in the area to sign, and the Town will take the procedur
al steps necessary by law to extend water to the Coddington Road
and Troy Road area.
. Arthur L. Berkey, 128 Christopher Circle. Mr. Berkeyasked if the Town had used any of the 15% surcharge monies for
Bolton Point. The Supervisor said the Town had not, that the
surcharge money is strictly for maintenance and operation of the
system,
Mr, Berkey asked about the status of the cleaning of the stand-
pipes in the Northeast. The Supervisor said the engineers are
preparing to have it bid. Mr. Berkey asked what was being done
about the loop line to increase pressure in the Northeast. The
Supervisor said Mr, Prince has put his line in on St. Catherine
Circle West. Mr. Schonfeld still has to put pipe across Burleigh
Drive to Winthrop.
Mr. Berkey noted in the minutes of June 11, 1973 that the Town
of Lansing had requested consent to run water through Town of
Ithaca pipes, and he wondered how many units Lansing would tap
off the line and what effect it would have on the water pressure
^ in the Northeast. The Supervisor said it would have no effect,
i that the Town has engineering advice that the system can handle
it, and that if an agreement is reached with Lansing in this
matter Lansing will share in the cost. Lansing has indicated that
if the pumps are not ade^ate they will replace them with larger
ones. Mr. Berkey asked if this were a contingency in the resolu
tion. The Supervisor said it will be a contingency which v/ill be
written into the contract contemplated between the Toi-zr of Ithaca
and the Town of Lansing.
- 10 - July 9, 1973
APPROVAL OF WARRflOTS
Motion by Councilman Desch? seconded by Councilman licElwee;^
J^SOLVED, that the Warrants dated July 9, 1973, with the excep-
tion of Voucher 42 (Mancini & Sons), be approved in the following
amounts s
'_J General Fund $ 44,570o53
Highway Fund «»,..»o«o o -««. o» 18,231,68
Water and Sewer Fund o „. o»o 9,624 c 53
Unanimously carriedo
ADJ0URMI4ENT
The meeting was adjourned at 7s00 p.m.
—A 'i
Edward L. Bergen
Town Clerk