HomeMy WebLinkAboutTB Minutes 1974-03-11TOm OF ITHACA
REGULAR BOARD MEETING
March 11, 1974
At a regular meeting of the Towh Board of the Town of Ithaca, Tomp-
kins County, New York, held at the 1?own Offices at 108 East Green
Street, Ithaca, New York, on the 11th day of March, 1974, at 5;GO
p.m., there were;
PRESENT
ABSENT!
Walter J. Schwart, Town Supervisor
Noel Desch> Councilman
Victor Del Rosso, Councilman
Robert No Powers, Councilman
Andl^ew W. McElwee, Councilman
ALSO PRESENT:Jam^s V. Buyoucos, Town Attorney
Barbara Holcomb, Chairman, Planning Board
kertheth kroOhs, Planning Engineer
Marlon Morey, Superintendent, Highway Department
Edward N. Austen, Zoning Board of Appeals
Beverly Livesay, County Representative
John Milldr, County Fire-Disaster Coordinator
Ruth Dewire, Tompkins County Health Planning
Council
Herbert MAhr, 103 Judd Falls Road
James Van Orman, 327 South Albany Street
Radio, TV, and Press
APPROVAL OF MINUTES
Motion by Councilman Desch; seconded by Supervisor Schwan,
RESOLVED, that the minutes of the meetings of December 31, 1973
and January 7, 1974 be approved, as presented.
Unanimously carried
REPORTS OF COUNTY REPRESENTATIVES
The proposed Pyramid shopping plaza (Lansing) prompted
Mrs. Livesay, County Representative, to speculate whether another
big shopping plaza is appropriate to the area- In this connection,
she wondered if something could be done in co-ordinating zoning from
town to town. She said what the Towns of Lansing, Dryden and Ithaca
do zoning-wise affects each other and creates problems. Mrs. Livesay
felt there should be some cooperation in over-all planning about
community developments from town to town, without sacrificing the^
autonomy of each town. The Board was doubtful that such cooperation
could be achieved, but felt it should be discussed in meetings be-
M tween Town and County representatives. Ken Kroohs, Planning Engineer,
I suggested that in the not too distant future towns might be faced
1 V with regional zoning mandated by the State (if the towns do not do
certain things).
Councilman Desch asked Mrs. Holcomb, Chairman, Plaining
Board, whether much time was spent studying the Dryden zoning ordi-.
nance as it might relate to or affect Town of Ithaca zoning. Mrs.
Holcomb said only to see what impact it would have on the Town of
Ithaca's immediate boundaries with Dryden. Generally speaking, she
said Dryden's zoning is less dense along the Town line.^ Councilman
Desch noted that Dryden has generally much larger lot sizes than the
Town of Ithaca.
- 2 -March 11, 1974
BOLTON POINT PROCEbURES
Town Attorney Buyoucos read proposed Orders to hold a pub
lic hearing on Match 25, 1974 at 7:30 p.m., on the modification of
Project I and Project II. The modification of Project I, Town-Wide
Water Supply Benefited Area, consists in decreasing the Town of
Ithaca's share in the project from $2,551,000 to $2,324,000, and,
further, that the Water treatment plant is to be located about 1100
feet south of the location origihally contemplated. The modification
of Project II, (Town Wide Water Distribution Benefited Area) consists
of the inclusion of Lansing in the project to cover the McKinney
Water District, and an increase in the Town of Ithaca's share in
the project from $1,420,700 to $1,460-700 due to a revision in the
estimate of the water to be consumed by residents of the Town of
Ithaca.
The Board, therefore, took the following actions
At a regular meeting of the Town
Board of the Town of Ithaca, Tomp-
kins County, held at 5:00 p.m. at
108 East Green Street, in said Town,
on the 11th day of March, 1974.
n
PRESENTS
ABSENT
Supervisor Walter J. Schwan
Councilman Noel Desch
CCuncilman Victor Del Rosso
Councilman Robert N. Powers
Councilman Andrew W. McElwee
In the Matter
of
The Modification of Plans for the
Establishment of the Town Wide Water
Supply Benefited Area of the Town of
Ithaca, Tompkins County, New York.
n
WHEREAS, pursuant to the provisions of Article 12-C of the
Town Law and more particularly a resolution of this Town Board dated
April 9, 1973, the Town of Ithaca, Tompkins County, New York, has
heretofore established a benefited area in and for said Town to be
known as the Town Wide Water Supply Benefited Area (Bolton Point
Intermunicipal Project), and has authorized the providing of a water
improvement for said area; and
WHEREAS, the plan, report and map prepared in connection
with the aforesaid water improvement provided for the construction
of an intake and water treatment plant at Bolton Point on Lake
Cayuga in the Town of Lansing, a raw water pump station, force
mains, plant and pump station roads and a transmission main, to
gether with appurtenant facilities and the acquisition of necessary
land or rights in land, all at a maximum estimated cost of
$4,150,000; and
WHEREAS, the aforesaid proceedings provided that the pro
posed improvement would constitute a comprehensive water improve
ment for use as an intermunicipal water supply facility for the
Towns of Dryden, Ithaca and Lansing and the Village of Cayuga
Heights, for their joint use and operation pursuant to an agree
ment of municipal cooperation and pursuant to which the share of
the costs to be allocated to the Town of Ithaca were estimated then
to be $2,551,000; and
n
- 3 - March 11, 1974
WHEREAS, it has been determined to locate the aforesaid
water treatment plant at an alternate location, approximately 1,100
feet to the south of the location originally set forth on the afore
said map adjacent to the State Highway near a road leading from
Bolton Point? and
WHEREAS, present estimates indicate that the share of the
Town of Ithaca will be $2,324,000? and
WHEREAS, it is now desired to call a public hearing On the
foregoing matters in the manner prescribed by 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:
Section 1. A meeting of the Town Board of the Town of
Ithaca, Tompkins County, New York, shall be held at 108 East Green
Street, Ithaca, New York, (Town Offices on third floor), oh the
25th day of March, 1974, at 7s30 o'clock P.M., Eastern Daylight
Saving Time, for the purpose of conducting a public hearing on the
modification of the plans for the aforesaid improvement anii the
revised estimate of the cost thereof to be borne by the Town of
Ithaca, as set forth in the preambles hereof, at which time all
persons interested in the subject matter may be heard concerning
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 pur
suant 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.
The question of the adoption of the foregoing Order was
duly put to a vote on roll call which resulted as follows:
Councilman Del Rosso VOTING .... Aye
Councilman Desch VOTING .... Aye
Councilman Powers VOTING .... Aye
Supervisor Schwan VOTING .... Aye
The Order was thereupon declared duly adopted.
* * * * 4c
- 4 - March 11, 1974
At a regular meeting the Town
Board of the Town of Ithaca, Tomp-
kins County, New YOrk, held at
5:00 p.m. at 108 East Green Street
in said Town, on the 11th day of
March, 1974.
PRESENT: Supervisot Walter J, Schwan
Councilman Noel Desch
Councilman Victor Del Rosso
Cotincilman Robert N. Powers
ABSENT: Councilman Andrew W. McElwee
In the Matter
of
The Modification of Plans for the
Establishment of the Town Wide Water
Distribution Benefited Area of the
Town of Ithaca, Tompkins County, New
York.
WHEREAS, pursuant to the provisions of Article 12-C of the
Town Law and more particularly a resolution of this Town Board dated
April 9, 1973, the Town of Ithaca, Tompkins County, New York, has
heretofore established a benefited area in and for said Town to be
known as the Town Wide Water Distribution Benefited Area (Bolton
Point Intermunicipal Project), and has authorized the providing of
a water improvement for said area; and
WHEREAS, the plan, report and map prepared in connection
with the aforesaid water improvement provided for the construction
of water transmission mains, booster stations and storage t^k for
the Towns of Dryden and Ithaca and the Village of cayuga Heights,
together with appurtenant facilities all at a maximum estimated cost
of $1,930,000; and
WHEREAS, the aforesaid proceedings provided that the pro
posed improvement would constitute a comprehensive water improve
ment for use as an intermunicipal water distribution facility for
the Towns of Dryden and Ithaca and the Village of Cayuga Heights,
for their joint use and operation pursuant to an agreement of
municipal cooperation and pursuant to which the share of the costs
to be allocated to the Town of Ithaca were estimated to be
$1,420,700; and
^ WHEREAS, it was subsequently determined that the proposed
facilities should be made available to the McKinney Water District
in the Town of Lansing, and it is now proposed that the said Town
of Lansing will be a fourth participant in the aforesaid agreement
of municipal cooperation and the aforesaid map, plan and report have
been modified accordingly; and
WHEREAS, the inclusion of the aforesaid McKinney Water
District in the Town of Lansing will not affect the estimated amount
to be borne by the Town of Ithaca as its share of the total cost.
The share of the Town of Ithaca is now estimated to be $1,460,700,
due not to the inclusion of the McKinney Water District, but to a
revision of the estimate of the water to be consumed by residents
of the Town of Ithaca, and
- 5 - March 11, 1974
WHEREAS, it is now desired to call a public hearing on the
foregoing matters in the manner prescribed by 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;
Section 1. A meeting of the Town Board of the Town of Ithaca,
Tompkins County, NOW York, shall be held at 108 East Green Street,
Ithaca, New York, (Town Offices on third floor), on the 25th day of
March, 1974, at 7:30 o|ciock P.M., Eastern Daylight Saving Time, for
the purpose of conducting a public hearing on the modification of the
plans for the aforesaid improvement by the inclusion of the McKinney
Water District in ^e Town of Lansing, as set forth in the preambles
hereof, at which time all persons Interested in the subject matter may
be heard concerning the same, and for the purpose of taking such
further action oh the aforesaid matters as is authorized or required
by law.
Section 2. The Town Clerk is hereby directed to give notice
of such publiche^^ing 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.
The question of the adoption of the foregoing Order was duly
put to a vote on roll call, which resulted as follows:
; Councilman Del Rosso Voting Aye
Councilman Desch Voting Aye
Councilman Powers Voting Aye
Supervisor Schwan Voting Aye
The Order was thereupon declared duly adopted.
It was agreed that henceforth the official name of these
projects (I and II) would be Southern Cayuga Lake Intermunicipal
Water Project.
BIDS ON MOWING-TRACTOR ^
The Town Supervisor reported that advertisement for bids had been
duly posted and published.
Highway Superintendent Morey reported that three bids had been re
ceived on a new mowing-tractor for the Highway Department — one from
Ithaca Ford Tractor, Inc. in the amount of $4,895.00, one from Arsen-
ault's Tractor Sales, Inc. (Brooktondale, N.Y.) in the amount of
$5,762.15, and one from S. C. Hansen, Inc. (Horseheads, N. Y.) in
the amount of $5,985.00. Mr. Morey said all bids meet the specifi-^ cations.
Motion by Councilman Desch; seconded by Councilman Powers,
RESOLVED, that the Town Board accept the low bid of Ithaca Ford
Tractor, Inc. in the amount of $4,895.00 for mowing-tractor for the
Town Highway Department.
Unanimously carried.
- 6 - March 11, 1974
COMPLAINT ON TREE
Mr. James Van Orman appeared before the Board to speak on
behalf of Mrs. Charles Hawk (presenting his authorization in writing
to speak for her). Mrs. Hawk owns property on 7 Mile Drive. Her
complaint is that the Town of Ithaca Highway Department cut down a
^ tree on her property without notice or permission. Mr. Van Orman
j stated that Mrs. Hawk feels, under the circumstances, that an evalu
ation should be put on the tree and that she should be recompensed.
Highway Superintendent'Morey said .that it was listed and con
sidered a dead tree at the time it Was cut down. Mr. Van Orman said
it was a healthy tree, — a Japanese elm — planted some forty years
ago, and had sentimenibal value as well as monetary value. The Board
suggested that the condition of t;he tree should be determined, per
haps by experts at CornelllOniveirsity. Mr. Van Orman said he would
furnish a sample of the trOe for this purpose. Mr. Morey indicated
he also had some brahches from the tree.
Town Attorney Buyoudos said the Town will look into the matter,
and follow up on it. He stiggehted that Mr. Van Orman should submit
a formal complaint (in writing). Mr. Buyoucos said he would prepare
such a form for Mr. Van Ontian'S use, and for his and Mrs. Hawk's pro
tection. A copy of the fozimai complaint could be sent to I4rs. Hawk,
who is out of the State. Meantime, the Town Board will attempt to
discover whether the tree was a dead ttee or a healthy one, and then
get in touch with Mr. Van Orman.
EMERGENCY MEDICAL SERVICES PROGRAM
John Miller, Tompkins County Fire and Disaster Coordinator,
appeared before the Board to outline a plan for the proposed adoption
of a fire and ambulance emergency number. He said they (Tompkins
County Comprehensive Health Planning Council) are trying to bring to
gether all services — fire, police, ambulance, or any other type of
emergency call in the County. The number proposed to be used will be
273-8000. Attached to these minutes are two memos from the Tompkins
County Comprehensive Health Planning Council outlining the proposed
program. Supervisor Schwan said the Town Office will be happy to
help with the typing of the telephone stickers which need to be dis
tributed.
REPORTS OF TOWN OFFICIALS
Town Attorney Buyoucos reported that from time to time the
Board members would be receiving from him memos with regard to the
proposed Zoning Ordinance. The first memo will relate to the defini
tion of the family.
Mr. Buyoucos reported he had been in touch with John Marion's
attorney about the easement the Town needs to go on Mr. Marion's
property to improve the drainage and run-off that is creating prob
lems for property owners below Mr. Marion's property. He has had no
response as yet from Mr. Marion's attorney. Mr. Buyoucos asked Mr.
^ Kroohs to follow up on this matter.
^ I
Planning Board Chairman, Barbara Holcomb, reported that the
Planning Board will hold an executive meeting on the Zoning Ordinance
on March 12. The intent of the meeting is to discuss the concept of
the proposed Zoning Ordinance, rather than go through it again word
for word.
Mrs. Holcomb reported that the Town has on file a letter
from Evan N. Monkemeyer, dated January 9, 1974, confiinning the agree
ment that the developer of "Springwood" (Monkemeyer). would make all
reasonable efforts to deepen, widen, and generally improve the exist
ing creekbed on the property from a point west of the Monkemeyer line
to the culvert at N.Y.S. Rt. 96B, and that the developer will follow
the recommended cross-sections as outlined in the letter dated January
- 7 - March 11, 1974
7, 1974 from Robert R. Flumerfelt of the office of T. G. Miller to
W. S. Downing Architects, and that by improving the existing creek-
bed, it will have an increased capacity flow of 92.3CPS, In his
letter Mr, Monkemeyer also agrees to follow as closely as possible
the six-month time tcUsle established by the Town Board resolution of
December 10, 1973 for completion of work on creek dLmprovement. Mrs,
Holcomb reported that a copy of the Flumerfelt letter referred to
above is also on file in the Tovm Office. She noted also that there
^ is on file in the Town Office a copy of a letter dated January 7,
1974 from George W, Guest, Sanitarian, Tompkins County Department of
Health, advising Mr, Mohk^eyer that Mr. Guest has been advised ver
bally by the Regional Office'of the New York State Department of
Health of the basic approval of the Monkemeyer water plain and that
there will be some minor additional requirements. Mr. Guest's letter
also says he has been vetbally advised of basic approval of the sew
age plans by the Department of Environmental Conservation. The sew
age application form, however, (according to Mr. Guest) will have to
be submitted by the Town bf Ithaca rather than the project. (Mr.
Guest enclosed sewage application forms for the Town's use.) ^
Mrs. Holcomb reported that there is a proposal how before
the Planning Board by Mr. and Mrs. Thomas Bell for a family grocery
store on the Elmira Road in the Mancini light industrial district.
She said the first presentation was made at the Planning Board's
meeting of February 26, 1974. There is a problem in that the land
is zoned industrial and the Bell operation is Business. The Plan
ning Board referred the matter to ^he Zoning Board of Appeals for
an interpretation of the present SOning ordinance regarding the
placing of a tetail store in a light industrial districts The Bells
are to appear before the Planning Board on March 19 for preliminary
site plan approval. After that the matter would come before the
j Town Board. She noted that the Town Board is having a special meet
ing on March 25, 1974 at which time a public hearing could be schedu
led for April 8, 1974.
Ken Kroohs, Planning-Engineer, reported that Mr. James Wylie,
1016 Trumansburg Road, has secured the signatures of the required
property owners interested in the improvement of Campbell Avenue and
its acceptance as a Town road. Supervisor Schwan suggested that a
public hearing be held on this matter on April 8, 1974.
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the Town Board of the Town of Ithaca schedule a pub
lic hearing 6 n April 8, 1974 at 6;30 p.m. in the Town Offices to
consider a petition for the improvement of Campbell Avenue as des
cribed in Schedule A of the petition.
Unanimously carried.
WATER PROBLEM - EAST KING ROAD
Supervisor Schwan reported that Mr. Robert Boynton, 162 E.
King Road, who has purchased a house west of the Beacon Hills develop
ment finds that he has a well which is not producing any water. He
has requested authorization to connect to the Beacon Hills main or
« to cross the road and connect to the Town water main. The Town will
I ! investigate costs and follow up on the matter.
FOREST HOME DRIVE
Supervisor Schwan reported that the Town has received a
letter from the New York State Department of Transportation regard
ing the discontinuance of State maintenance on Forest Home Drive.
The letter states that if the Town wishes to retain the 25 miles
per hour speed limit on Forest Home Drive, a joint request (with
the Tompkins County Highway Department) must be received by the
Department of Transportation stating the Town's wish to retain the
regulation. When such a request is received, an Order will be issued
stating that the existing 25 miles per hour limit will be the respon
sibility of the Town of Ithaca to maintain.
T-i'
- 8 - March 11, 1974
!
Motion by Supervisor Schwan; seconded by Councilman Powers,
WHEREAS, the State has discontinued maintenance on Forest
Home Drive in the Town of Ithaca and has turned the jurisdiction over
to the Town of Ithaca, and
WHEREAS, the Town of Ithaca wishes to retain the existing
25 miles per hour Speed limit pn Forest Home Drive, and
WHEREAS, S ^joint request of the Town of Ithaca and the
Tompkins County Highway Depsurtment is required to retain such exist
ing speed limit,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the
Town of Ithaca make a request to the New York State Department of
Transportation, pursuant to Section 1622ol of the Vehicle and Traffic
Law, jointly with the Tompkins County Highway Department, that the
existing 25 miles ^Sr hour speed limit on Forest Home Drive be re
tained .
unanimously carried.
COPIER FOR THE TOWN OFFICE
Supervisor Schwan asked the Board to consider the purchase of
a copying machine for the Town Office. The sense of the Board was
that^various copiers be looked into as to price, suitability to the
Town s needs, etc. and then the matter will be considered at the next
regular meeting of the Board.
JUDD FALLS ROAD
In connection with the Town's taking over Rt. 392, Mr. Mahr
reminded the Board that at one time consideration was given to the
Town taking over Judd Falls Road, and possibly the County would take
over another road in its place. Supervisor Schwan said that Howard
Stevenson, Tompkins County Highway Superintendent, said he would like
to turn over Judd Falls Road, and take over Forest Home Drive between
Pleasant Grove Road and Warren Road so that the County would have a
complete loop. Mr. Mahr formally requested that the Town follow up
on this. Supervisor Schwan said he would take up this matter with
Mr. Stevenscn and find out exactly what he had in mind — possibly to
take Judd Falls Road all the way to Dryden Road or maybe only as far
as the Tower Road intersection or the Cornell University overpass.
APPROVAL OF WARRANTS
Motion by Councilman Del Rosso; seconded by Councilman Desch,
RESOLVED, that the warrants dated March 11, 1974 be approved for
payment in the following amounts:
General Fund $ 7,168.02
Highway Fund 6,816.33
Water and Sewer Fund 205,884.80
Unanimously carried.
ADJOURNMENT
The meeting was adjourned to March 12, 1974.
Edward L. Bergen
Town Clerk