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HomeMy WebLinkAboutTB Minutes 1974-08-12 TOWN OF ITHACA REGULAR BOARD MEETING August 12 , 1974 At a Regular T�Ieeti�.2g of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices, at 108 East Green $treet , Ithaca , New York , on the 12th day of August , 1974 , at 5 ° 00 pomc there ',Iwere PRESENT * Walter Jo Schwan , Supervisor Noel Desch , Councilman Victor Del Rosso , Councilman Robert e t No Powers , Councilman ABSENT Andrew 117 McElwee 0 Councilman ALSO PRESENT : James Vo Buyoucos , Town Attorney Barbara Holcomb , Planning Board Chairwoman Lawrence Pe Fabbroni , Planning Engineer/ Zoning Officer Reynolds Mett , Assistant Zoning Officer Marion Morey , Highway Superintendent. Beverly Livesay , , County, Representative Hugh ( Sam ) MacNeil , County Representative No Bert H . Schickel , Jro ( Eastwood Cor coons ) David Tauber O ' Brien & Tauber Architects Heltert Mahr , 103 Judd Falls Road. y, Radio , TV., and Press ii APPROVAL OF MINUTES O _ Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that the minutes of June 10 , June 17 , and July 8 ,* 1974 be approved , as presented , Unanimously carried , EASTWOOD COMMONS Norbert Ho Schickel , Jro requested that the Town Board accept as Town roads Wildflower Drive , Harwir::k Road and Strawberry Hill Roada He sai��1 the roads were finished except for the top course and that all utilities are in . He said they would finish the roads and give the Tcvn whatever kind of bond it might require to assure completion . The sense ,', ef the Board was that a bond in the amount of $ 6 ,000 should be Potion by Supervisor Schwan ; seconded by Councilman Desch , IL 77ESnLYED , that the Town of Ithaca accept as Town roads the portions llilaflower Drive , Strawerry Hill Road , and Harwick Road within _rhaneh I he Eastwood Commons Development , with the requirement that the developer provide a performance bond in the amount of $ 6 , 000 for the comp t lotion of he roads and curbing . Further discussion led to consideration of amendments to the foregoing resolution , and the Board took the following action : Motion by Supervisor Schwan9 seconded by Councilman Desch , RESOLVED , that the Town of Ithaca accept as Town roads , the portions of Wildflower Drive , Strawberry Hill Road , and Harwick Road within Phase I of the Eastwood Commons development , with the requirement that the developer provide a performance bond in the amount of $ 6 , 000 to com- pletelthe roads and curbing , said bond to specify that the performance of the work be completed to Town specifications by December 1 , 19740 .. 2 August 12 , 1974 i that the developer will offar satisfactory sfactory liability insurance in an amount to be determined and recommanded to the Touin Board by -the Town ' s insurance coin sr-A and subject om tilt NUW7,t,e Board a :!':;STal. c7,ss *� ft.� xti er sub j e& t to the deg°eloper. ecuting a saga any-! h .f ]_�1 az�� e a reedment said agreemi,�nt to b,3 s :i led % y L partners 1_ hp, , c . LN sndividua. .11y and as partners and furt;he�_ requiring that munuments con sistiing of . concrete posts with steel insert be inserted at the two termini. of the : roads and at all flour corners of the intersection of Wildflower Drive , Strawberry Hill. Road and Haswick Road a and that . the deed ',!, include a temporary turnaarousid eauetent at the northern terminus of Wildflower Drive subject to tha right of Robertson to cross the temporary easement . Unanimously carried . REQUESTS FOR FUNDS Center for the Arts . Supervisor Schwan read a letter from the Center of` r the Arts at Ithaca , dated uuly 11 , 1974 , requesting $ 10 , 000 in funds for renovation of the old hangar building at Cass Pa.rkll' The question appeared to be whether the Town of Ithaca could legally contribute monezy toward the renovation of a building it dick not ovm and which is located in another* municipality . lt~ also anpear � ed tY at the use of the bulld. ing would not be exclusively for Town • . . << residents . Su ery so. r• z Schwan said o he vJ old discuss the matter wi pR p u tte with Pare Niederkern , one of the signers of the letter , and .convey the feel ° ings Iof the Ithaca Torun Board in this matter , i ._ The Learning Gtiab . Supervisor Schwan referred to an undated letter fioia T :. ciL e # e A . whitham , Co -Director of the Learning Web . 1.1s . _.. IA711 0.tham appeared before the hoard and explained that the Learning Web is an educati.o ial. program , based on the principle of learning by do � Ing , which places Junior and senior high school aged students in the comridniry vvor. kin,c side by side with skilled 'citizens from the greater Ithaca area as pa.-t of their school program . For a few hours each week ; the students calcudy wi th electricians , carpenters , radio announ °v cers computer program:aers , bakers , cooks , farmers radio and tele v visi•nn. r%zpairmenr and furniture refinishers , etc . ?so Whi. tham di. stri � bY? tr:.;d a packet brochure to the Board members explaining the program in d ata i. l . Thils . Whitham explained how the program is presently fund - erl. ; t' ha.t is funded by ou4: side sources , but that the outside fund - i. ig Ic being slow.;. y out basks She wondered whether there might not c rae% i , s a.val lable from the Town of Ithaca for youth services vtdch, could be used a6- matching funds . for grants . She noted that a s ± gnif :&i.cant number of the students in the program are residents of twhe idown of Ithaca . She said they are trying to raise $ 5 , 000 , and they are &Adequately funded through December 31 , 1974 . The : se car the Board was that the matter should be studied to determine wyletYer the Town of Ithaca can legally fund this program in any way , The Tr att e-.' was therefore tabled in order to give the Town Board an npportuni.ty to do some research on it , BC:?`,.P.I?IVabT HOUSE (AS A POSSIBLE TOWN HALL ) Mr . David 'Taube , of O ' Brien & Taube , Architects , made a pre IN senta±� icn of the physical layout of the Boardman Douse as adapted . . for use als a Tatx7n hall . He indicated it would cost $ 130 , 000 to renovate Boarazran House for. use as a Town hall , not including the cost of a r...w :eating system , central air conditioning , and a new vault , which would ircyea. se the cost to $ 160 , 000 , It appeared that the Town could lease the building at some nominal cost and do the renovation , Re.l beat Mahr . reminded the Board , based on previous pub - 3 . is hear .ilicis E that there are other priorities than just a Town Ball , I�pe fs3. t otha:r matters should be researched and presented as concrete proposals before any decision is made with respect to the Boardman House" or any other building :far a Town Halle Councilman Powers said the fact that the Board is addressing itself to this proposal does not necessarily exclude other proposals . 3 ° August 12. , 1974 Barbara Holcorcb , Pl: nn ..nq Board Cha :i rvao an , emphasized once a �ai .tr that the :is a. n u 'rvfiCw :i. ent soa:: e In u; he p Icsant Town O fir...as b that ii:ktc: sit.ut.f: acli is gLi. tILI , prag?- ;: ,asive ?y uvorse w.it�l the 1. is 'eased act: iV :`iti. es of the Town . She said f t: ?i. premiso Is aCcoptecl that the, '.?`c:wn ', must move el Weeahere , Hier . are a ntuttber of alternat . i -;e " ° ( 1 ) the T::=wn , can rent in the City or the Towne ( 2 ) the Town can pnrchasc in the City of the Town an existing structure cr buildinu . She d it. appeared to make sense to remain somewhere in the center City for day to day :operation and for the convenience of the citizens . Sazc aio-te:c� :hat t<h.e Planning Board and the Town Board had investigated a consider. . ,. ablelnumber of other rental spaces . There was some discussion of buying the Boardman House. out - ri.ght . The sense of the Board was that the Town of Ithaca make a proposal to the County on the purchase of the building . CLINTON HOUSE (AS A POSSIBLE TOWN HALL ) Mr . Fabbroni , Planning Engineer , noted that the Clinton House flist: orical Society has not shut the door to the purchase of the Cl ' ton House after a certain time . He said that after renting it fcr a certain period of time , it could be purchased . CITY OF i2HACA BOARD OF PUBLIC UdO,E KS TRATE? PITD SENMR POLICY Supervisor Schwan read a letter dated July 29 , 197`4 from Mro Martin A . Shapiro , Attorney for the City of Ithaca o regarding g permits to tap into the City of Ithaca Water System . The Supervisor a :t coo , read the amended policy statement of the City of Ith.aca . aat%d iSay 12 , 1965 . Ide noted that the contract with the City of Ithaca entered into in 1965 does not stipulate that the Town muejt have. sewer service in order to get a water tap . The amended policy statement of the City of Ithaca states . . U " New water line construction will only be allowed if accompanied by new sanitary sewer construction serving the areas to be served with water . The new sewers can only be con - nect; d to the City system and must be P lanned built and maint- ained � unda:p, the same conditions as the water extensions . "built , appears that thi s " policy " creates a hardship for a number of residents of the Town 'of Ithaca who need water but who do not have sewer . Supervisor Schwan noted that only about 20 houses on South Hill could logically be ear e cted to ask for water ter w ho do not have sewer . It was the sense of tix;e Board that the Town Attorney should research this matter to detwermine if the City ' s position is legally tenable . Attorney Buyou ° cos said he needed list of houses which might request water ( and which do not have sewer ) , He suggested also that when a person -re ° quests a water tap they should be informed that they ought first to qet Health Department approval of their septic system . Councilman he: sch felt the Town ought to have an inventory of those in the Town :l. ikpP IIy to request a water tap . The Board looks forward to having a re: co744aendation from Attorney Buyoucos in this matter after he has had an opportunity to research it . 1XJ T{I ENBURG ROAD FEASIBILITY STUDY Supervisor Schwan read a letter from C . B . Shulman , dated ., Ju1`vy l7 , 1974 , requesting that the Town have an engineering study l made of the feasibility of extending water and sewer up Mecklenburg Road ,',, to take in the properties owned by Cecil B . Shulman , Harold Wallace , A . Cerracche , George Ideman , Al Eddy and Ralph Carpenter . Thisl,group holds in excess of 700 acres for development . It appeared to be the sense of the Board that this group ought to fund the study themselves , since they would be essentially devel - opers; , and not the same as individual owners with a particular aind pressing need for water and sewer . Further , it did not appear that the Town on its own volition would make a study of this area becaus :m the::. are too few houses in the area to economically support it . On this basis the request for a feasibility study in this area at the Town 'lls expense was denied . i i ' r MEN 4 e August 1 .2 19 ? 4 EAST Li CEMETERY The Board considered the request cif the Lla ;3 n t Lail Ce;�c texj {fin;« a reduction in the unit ch Barg (: i" or water an.d. sevic?:�'.' , T : 'iecl. :: si(III of the Board that the "gas -'. Lawn CemteY-.ery wa,th recd Ord t,03 Taz4 ah-wr and sewer charges should be treated in thin same manner Lis parcels )NI the rest. of the Town of Ithaca and in accordance with the f or ..111 .. a u _ - . th:rougnxout the Town , The request , therefore , was de,d ed! o !It ` CAff BELT -AVENUE IMPROVEMENT Mro Fabbroni , Planning Engineer , requoil the Board to gave him 'authorization to order liability insurance and surety bond in connection with the Campbell Avenue improvement which is required by the New i'ork State Department of Transportation . Motion by Supervisor Schwano seconded by Councilman Desch , RESOLVED , that the Planning �Engin.eer be authorized to ' order liabi. l. it v insurance and surety bond in connection with the imprcver� ment. of Campoon bell ' Avenue as required by the New York State Department of Transports , t .ono Unanimously carried TOWN I OF IT2FACA SEWER IMPROVEMENT Attorney Buyoucos indicated that the Board pass a bond .resolu � t ?on. in the matter at this meeting for $ 976 , 000 . This follows Oast policy 1.n that 11.I whole Town of Ithaca is deemed . to be the tenet: . tt' a area. and the $ 970 , 000 will be assessed against all the pzr.•onert.y in the 11ov) n_1 i�, no Ithaca in accordance with the benefits derived , which means I; -that on certain areas the charge will be a nominal one The BaI?:d , therefore ., took the following action . Vlotj ( l by Councilman Desch ; seconded by Supervisor Schwan , BOND RESOLUTION DATED .AUGUST 12 , 1974 A RESOLUTION AUTHORIZING THE ISSUANCE OED' $ 970 , 000 SERIAL BONDS OF THE TOWN OF ITHACA , TOMPKINS COUNTY , NE;41 YORK , TO PAY THE COST Or CONSTRUCTION OF A PROPOSED SEWER IMIPROVE ° MEN`I' IN THE TOWN WIDE IMPROVEMENT BENEFITED AREA IN SAID TOWN , WHEREAS .S . pursuant to the provisions of Article 1. 2 -C of the . .`.,tin ';, aw aLd more particularly a resolution of this Town Board dated 11,ac:er,gber 1. 0;, 1973 , and the approving order of the State Comptroller catvLl July 22 , 1974 , s sewer improvement area known as the Town Wide Iz provement Benefited Area has been established in and for the ` o,r n ' of Ithaca , Tompkins County , New York , and the construction of cet: 'train proposed improvements therein has been authorized ; and TIHEREAS , ' it is now desired to provide for the financing of said improvement , NOW , THEREFORE , BE IT . RESOLVED , by the Town Board of the Town of Ithaca , Tompkins Count y , New York , as follows e Secti .ori 1 , The specific object or purpose of the Town of Ithaca , Tompkins County , New York , for which the bonds herein author- n i7sd ,, are to be issued is the construction of certain sewer improve ® menu" in and for the Town W.1de Sewer Improvement Benefited Area in : riid " Town consisting of 8 ° sanitary sewer lines , manholes , 4 `° house latterals , force mains , pump and lift stations , together with original furnishings , equbpnent , machinery and apparatus necessary therefor 5 m August 12 , 1974 q for c6nnection to the ex, : stint r sa nitt�. i"y sewer systy !n Sa1:t� TO�JYI , all as more fully described in ::he ? Ian , report and map heretofore pre - Pared�l in c:onnecticn therewith and filed in the Oft- ice of the Town Clerk Section 20 The maximam estimated cost oJ_: the aforesaid specific object or purpose is $ 970 , 000 , and the plan for the financing thereof is by the issuance of $ 970 , 000 serial bands of4said Town , - hereby authorized to be issued pursuarit to the Local Finance Lawn Section 3 . It is hereby determined that the period cf proba.b1F. usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 4 of paragraph ( a ) of Section 11000 of the Local;', Fj.na.nce Law . It is hereby further determined that the maxi' MU M maturity of the serial bonds herein authorized will exceed five years . Section 4 . The faith and credit of said Town of Ithaca , Tomp", kins County , New York , are hereby irrevocably pledger to the payment of the principal of and interest on such . bonds .as the same respective - lv become due and payable . There shall be annually apportioned and assessed upon the several lots and parcels of land within said Sewer or IP Improvement Area which the Town Board shall determine ands specify -to p Y hr especially benefited by the improvement , an : amount sufficient to pay the principal . and interest on said bonds as the same become due , but if nn�: paid from such source , all the taxable real property iri said Town shall be subject to the levy of ad valorem ta;;es without itation as to rate or amount sufficient to pay the principal ' of and jnterest on said bonds as the same shall become due . Section 5 . Subject to' the provisions of the Local Finance Law , the pgwer to authorize the issuance of and to sell bond anticipation no�tes ,jin anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby dele °° gated ' t (.) the Supervisor , the chief fiscal officer . Such notes shall be of suich terms , form and contents ,, and shall be sold in such manner ? as may be pr :� scribed by said Supervisor , consistent with the provisions of the Local Finance Law , Section Ge The validity of such -bonds and bond anticipation note , l; may be contested only if ( 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money , or ( 2 ) The provisions of law which should be complied with at the date of publication of this resolution are not substantially comet pliod with , and . an action ., suit or proceeding contesting such valid .1 y i_ s commenced within twenty days after the date of publication , or ( 3 ) Su h obligations are authorized in violation of the pro 71, !: ;1 nS c the Constitution , Suction 7 . This resolution , which takes effect immediately , Ea. ,11, , be published in full in the Ithaca Journal , the official news.7 p.7oper , together with a notice of the Town Clerk in substantially the f " rovided in Section 81 . 00 of the Local Finance Law . w,R The foregoing resolution was duly .adopted by the Town Beard Ox tho Town of Ithaca by roll call vote as follows Councilman Del Rosso , Aye Councilman Powers , Aye Councilman Desch , Aye , Supervisor Schwan , Aye G - hurI 12 , 1974 MAGISTRATES ° MEETING Motion by Supervisor Schwan ,* seconded by Councilman Del RosIcjo ,, RESOLVED , that Justice Frederick R . Hartsock and Justice Warren A . Blye 'I, be authorized to attend the Association of Magistrates ' Heetira�s on September 7 , 8 , 9 , 1974 , expenses to be paid for by tae 'i'o?n of- Ith.mca a and that Justice Frederick R . Hartsock be designated to sent ',Ithe Town of Ithaca at the meeting . Unanimously tarsier. RESIGNATIOItT JUSTICE FREDERICK R > HARTSOCK Supervisor Schwan read a letter of resignation from Justice I" Frederick R . Hartsock , dated August 1 , 19740 resignation to be etfe .; - tivell Decemmber 31 , 19740 The Board accepted Justice Hartsock ' s resignation , with regret ; and sndicated that a resolution would be prepared and spread upon the miinutes citing Justice Hartsock ° s long and devoted service to the 'gown ! cif Ithaca both as Town Justice and as a member of the 'town Board . APPOINTMENT PARS o LAURENt RIPLEY Supervisor Schwan reported that T.Irs o Laurene Ripley who re - si.gn.ed from the Zoning Board of Appeals for reasons of ill health is now prepared to serve on the Board again . In view of the fact that Roger Bo Sovocool has indicated a desire to resign from the Board , t he Supervisor recommended Mrs . Ripley ' s appointment < notion by Supervisor Schwan , seconded by Councilman Desciao is RESOLVED , that Mrs , Laurene Ripley be appointed to the Zoning Board ` f ApIpeals , effective September 1 , 1974 , to serve out the uneXpired r �.e m , . f Roger Bo Sovocool , which term expires December 31 , 1976o Unanimously carried . A ' "OINTMENT OF DOG ENUMERATOR FOR 1975 - ii Pti 6n by Councilman Desch ; seconded by Supervisor Schwan , 1..� SSOLVED , that Linda Cox , TRIllseyville , New York , be appointed dog e;: Iator for the Toi%m of Ithaca for the year 1975 , Unanimously carried . I7-.' ,.`3 OF TOWIq OFFICIALS 14ro Fabbroni , Planning Engineer , reported that the Town has a t1d from Finger Lakes Construction Company in the amount of $ 2 , 300 to loop a water water main from Sandra Place to Burleigh Drive . kul'oti n by Councilman Desch ,* seconded by Supervisor Schwan , it RESOLVED , that the Town of Ithaca accept the bid of Finger Lake Con struetion Company in the amount of $ 2 , 300 to loop a water main from Sandra Place to Burleigh Driver contingent upon the Town acquiring a 10 ft . easement for a water line , it being understood that Mr . Otto S h ' c cenfeld will reimburse e burs ° the Town for the expenditure of $ 203000 Unanimously carried . -° 7 m August 12 , 1974 WILLIAMS GLEN ROAD IMPROVEMENT 11ra Fabbroni , Planning Engineer , noted that the Town has a 11 � petition from owners of ert Williams ro p p y on 11 Glen Road and ti ..at it appeared the next step is to call a public hearing on the matter . Motion by Supervisor Schwano seconded by Councilman Desch , RESOLVED , that the Town Board of the Town of Ithaca will conduct a public hearing on September 9 , 1974 at 5 . 30 pomo to consider the petition of property owners on Williams Glen Road for the improvement Of the said road and its eventual acceptance as a Town road . Unanimously carried . BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY V Mr . Fabbroni reperted that 13 building permits and 2 certifim cateslof occupancy had been issued ° that he and ioZro Metz had investi � gate& several complaints made and had given notification of violations . Attorney Buyoucos said the section of the ordinance violated should be indicated each time in the notice of violation . ACCEPTANCE OF FOREST . HOP-.E DRIVE ( Rt. 3 92 ) as a TOGA ROAD Marion Morey , Highway Superintendent , recommended that -0h.o Board ! pass a . folcmal resolution accepting Forest Home Drive , formerly Rte 391 , as a Town road . d Mol:. ion by Councilman Desch ; seconded by Supervisor Schwan , RESOLVED a ' that the Town Board of the Town of Ithaca accept Forest game Drive ,� ( formerly Rte 392 ) as a Town road ° Unanimously carried . .,;E;T,I .mIt3D SALARY SCHEDULE Motion". Jay Supervisor Schwan seconded by Councilman Desch , T:.E30L 7ED , t.at the salary schedule for office staff be revised as follow's � Increase Deputy Town Clerk , Nancy Mo Fuller from $ 6 , 000 to $ 69, 5000 increase Deputy Town Clerk Cynthia Schaffner from $ 6 , 910 to `1rl , 400 ° and increase Town Clerk , Edward Lo Bergen , from $ 9 , 700 to $ i. 500 ° all effective August 1 , 19740 Unanimously carried , iiL;P4,IRT OF COUNTY REPRESErTTATIVE Beverly Livesay , County Representative , reported that there is a stu.cly under way to see if the County needs a Health 'Maintenance Organization ( kIlLgO ) and that discussions are under way ,, for a Citym County Youth Bureau . Pl'?' .OVAL OF WARRANTS T• u-U� rx by Councilman Del Rossoo seconded by Councilman Desch , I?ESOLT7ED , that the Warrants dated August 12 , 1974 be approved . in title following amounts . General Fund 006000090196606 $ 8 , 211 ° 39 Highway Fund 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 7 , 7 4. 5 C 2 3 G'later and Sewer Fund oa000e 4 , 656o80 Unanimously carried . 'u � l I I 11 V ' I I� a m August 120 1974 ADJU,UPJ\R IK*!T I The meeting was adjourned at 7x10 p , rno to August 19 ,. 1974 , Edward L . Bergen Town Clerk . I I I I I I� I I I I � _ 1 L „ I I I I I