HomeMy WebLinkAboutTB Minutes 1970-11-05TOWN OF ITHACA
Town Board Regular Meeting
November 1970
PRESENT; Walter Schwan, Supervisor
Victor Del Rosso, Councilman
Noel Desch, Councilman
Andrew McElwee, Councilman
ALSO
PRESENT: James V. Buyoucos, Town Attorney
Marion Morey, Highway Superintendent
I David Cowan, Town Zoning Officer
Peter Francese, Planning Consultant
Paul N. Tavelli, Attorney
^ Roger B. Sovocool, Attorney
Ben V. Boynton
Mrs. Roger Livesay
Residents of Town of Ithaca
Members of Radio and Press
Supervisor Schwan called the meeting to order at 5:00 P.M.
LOCAL LAW #1 - PUBLIC HEARING
Proof, of posting and publication having been presented, the Public
Hearing with respect to proposed Local Law #1 - 1970 was called to
order at 5:00 P.M. Supervisor Schwan read the proposed local law
and briefly explained its purpose. No persons desiring to be heard
presented themselves and Supervisor Schwan terminated the Hearing
at 5:10 P.M.
Motion by Supervisor Schwan; seconded by Councilman McElwee,
RESOLVED, that the following be adopted as Local Law #1 - 1970
of the Town of Ithaca:
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BE IT ENACTED by the Town Board of the Town of Ithaca as
follows:
Section 1. Any law to the contrary notwithstanding, and when
ever the Town is required or permitted by statute to publish any
ordinance in one or more newspapers, which such Town is or may be
authorized by law to adopt so as to make such ordinance effectual,
it shall be sufficient if there is published in such newspaper or
newspapers such ordinance in full or, in lieu thereof, a summary
describing the subject of such ordinance and a notice stating that
the whole of such ordinance is on file with the Town Clerk, pro
vided that a copy of such ordinance is kept on file with the Town
Clerk during the period of such publication. Nothing herein con
tained shall dispense with any posting of such ordinances which is
or may be required or permitted by law.
Section 2. This local law shall take effect immediately.
Unanimously carried.
PRELIMINARY BUDGET 1971 - PUBLIC HEARING
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Proof of posting and publication having been presented, the Public
Hearing with respect to the Preliminary Budget for the Town of Ithaca
for 1971 was called to order at 5:15 P.M.
Supervisor Schwan reviewed the budget, page by page, and upon
question answered various questions (type of items included in
contingent account, personal services under Engineer, etc.).
Motion by Supervisor Schwan; seconded by Councilman McElwee,
RESOLVED, that pages 1 and 2 of the budget, as amended, be approved.
Unanimously carried.
- 2 - November 5> 1970
Motion by Councilman McElwee; seconded by Supervisor Schwan,
RESOLVED, that page 3 of the budget, as amended (increase in fire
fighting contractual expense by $280.00), be approved.
Unanimously carried.
With respect to page ^ of the budget. Supervisor Schwan reviewed
the increase to $8,000.00 for contractual services in the Youth
Program and upon question briefly explained the more than 50^ in
crease in Hospital and Medical Insurance under Employee Benefits.n
Motion by Councilman Desch; seconded by Councilman McElwee,
RESOLVED, that page 4 of the budget, with corrected totals, be ^0^
approved. '
Unanimously carried.
With respect to page 5 of the budget. Supervisor Schwan reviewed
the matter of Estimated Unexpended Balance showing zero for 1971
as against the $30,000 figure for 1970. The budget was further
reviewed through page 6.
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the budget for the General Fund (Town) - pages
5 and 6 - with corrected totals, be approved.
Unanimously carried.
Supervisor Schwan reviewed the budget, page 8 through page 11, ex
plaining revised items under Item I - Estimated Revenues, Total
Estimated Unexpended Balance ($5,000) and under Item III Revenues,
Total Estimated Unexpended Balance ($7,000); and under Item IV,
Revenues, Total Estimated Unexpended Balance ($2,000).
Motion by Councilman McElwee; seconded by Supervisor Schwan,
RESOLVED, that the budget, as outlined on pages 8 through 11, with
amended items and corrected totals, be approved.
Unanimously carried.
No other persons appeared to be heard with respect to the Preliminary
Budget for 1971
Motion by Councilman McElwee; seconded by Supervisor Schwan,
that the Hearing on the Preliminary Budget be terminated.
Unanimously carried.
The Hearing was so terminated at 5?50 P.M.
Motion by Councilman McElwee; seconded by Councilman Desch,
RESOLVED, that the Town Board of the Town of Ithaca adopt the
Preliminary Budget 1971 as the Annual Budget for the fiscal year
beginning January 1, 1971 and
BE IT FURTHER RESOLVED, that the Town Clerk of this Town shall
prepare and certify duplicate copies of the Annual Budget adopted
pursuant to Section 202-a of the Town Law, and deliver one copy to
the Supervisor of the Town to be presented by him to the Board of
Supervisors of Tompkins County. Unanimously carried.
(A copy of the Budget as adopted is appended to these minutes.)
FIRE CONTRACT WITH VILLAGE OF CAYUGA HEIGHTS - PUBLIC HEARING
Proof of posting and publication having been presented, the Public
Hearing with respect to the Fire Contract with the Village of Cayuga
Heights was called to order at 5:50 P.M.
No persons appeared to be heard.
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- 3 - November 39 1970
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED^ that the contract with the Village of Cayuga Heights and
the Town of Ithaca, at the amended contract price of $8,960.00,
whereby the Village agrees tofurnish fire protection for the year
1971 to the Hamlet of Forest Home and that portion of the Town to
the north of Forest Home and between the east boundary of the Village
of Cayuga Heights and the east boundary of the Town of Ithaca, be
renewed.
Unanimously carried.
1 FIRE CONTRACT WITH THE CITY OF ITHACA - PUBLIC HEARING
Proof of posting and publication having been presented, the Public
Hearing with respect to the Fire Contract between the City of Ithaca
and the Town of Ithaca was called to order at 5:55 P.M. No persons
desiring to be heard having presented themselves. Supervisor Schwan
closed the Hearing at 6:00 P.M.
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the contract with the City of Ithaca and the Town
of Ithaca, whereby the City of Ithaca agrees to furnish fire pro
tection for a one year period on the basis of $26,000.00 for the
year 1971 in the Town of Ithaca, excepting the following areas, to
wit:
a) the Village of Cayuga Heights
b) the area comprising all the territory lying between
the east boundary of the Village of Cayuga Heights
and the east boundary of the Town of Ithaca.
c) the Hamlet of Forest Home exclusive of the structure
housing the Cornell University Filtration Plant
be renewed.
Unanimously carried.
F-i SPECIAL ASSESSMENT DISTRICTS - PUBLIC HEARING
Proof of posting and publication having been presented, the Public
Hearing with respect to Special Assessment Districts was called to
order at 6:00 P.M.
Mrs. Roger Livesay appeared to request a change in the unit charge
with respect to her property in the Slaterville Road Sewer District,
reducing the units charged for from 2.3 to 2.0.
Motion by Councilman Desch; seconded by Councilman Del Rosso,
RESOLVED, that Mrs. Livesay's request be granted and that the
assessment roll for the Slaterville Sewer District be changed on
Parcel 57-1-7.3 from 2.3 units to 2.0.units.
Unanimously carried.
Paul N. Tavelli, Attorney, appeared before the Board on behalf of
Herbert Monkmeyer, owner of 9^ acres (Parcel 42-1-13) in the
South Hill Water District Ext. #2 and South Hill Sewer District.
Mr. Tavelli objected to the formula used, citing it as not based
on sound engineering principles, not related to the amount of
benefit, arbitrary, capricious, and an abuse of discretion, and in
the case of this parcel that the assessment is unreasonable, dis
criminatory, and confiscatory.
Supervisor Schwan noted that the formula was proposed at the time
the District was petitioned for and that the people of the District
could petition the Board at any time to revise the formula, and,
further, that the same formula is in existence in other districts.
Town Attorney Buyoucos suggested that Mr. Tavelli furnish the Board
with scale drawings indicating which part of the parcel is not
sewerable and that this should be done as soon as possible as the
Board is limited in the time it has to act. Mr. Buyoucos said the
burden is upon Mr. Tavelli to show the Board why the area is not
benefitted.
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- 4 - November 1970
Roger B. Sovocool, Attorney, appeared on behalf of Roy Compton
(Parcel 50-1-5.2) and George Compton (Parcel 50-1-6.2), South Hill
Water District and 2nd South Hill Water District, complaining that
the formula is unfair, particularly with respect to Parcel 50-1-6.2
(George Compton). The problem is one of access. Mr. Sovocool
stated further that the Comptons were not really developers, and
that the property is not developable.
Supervisor Schwan stated that when the District was first proposed
the Comptons filed preliminary plans with the Planning Board but
did not follow up on them, and at that time at least they were con
sidered to be developers.
Ben V. Boynton appeared on behalf of KRK Construction and Groff
Associates (Parcels 62-2-1.11, 62-2-1.12, and 62-2-1.13)> stating
that these parcels (some 35.lo acres) have been denied by the City
of Ithaca the use of water, even for fire protection, and that they
have no benefit from the water that is there. There is no objec
tion to the assessment on the basis of apportionment but on the
basis of no benefit.
Supervisor Schwan noted that if taxes on these parcels were not
charged, the remaining taxpayers in the district would have to pay
about 20^ more. He further stated that water would be available to
the people of the district for fire protection.
Mrs. Roger Livesay inquired whether she would have to make a sepa
rate request for reducing the number of units charged in the Snyder
Hill Water District for her Parcel 57-1-7.3.
Motion by Councilman Desch; seconded by Supervisor Schwan,
RESOLVED, that the units on Parcel 57-1-7.3 (Snyder Hill Water
District) be reduced from 2.3 to 2.0.
Unanimously carried. rn
No other persons appeared to be heard with respect to the Special I
Assessment Districts.
Motion by Councilman Desch; seconded by Supervisor Schwan,
RESOLVED, that both motions with respect to reduction of units on
Mrs. Roger Livesay's property (Parcel 57-1-7.3) be rescinded, and
that Mrs. Livesay's request be handled on the basis of refund to
her and that the Board take whatever steps may be necessary to
effect such refund at the proper time.
Unanimously carried.
Motion by Councilman Desch; seconded by Councilman McElwee,
RESOLVED, that the Public Hearing on Special Assessment Districts
be closed.
Unanimously carried.
The Hearing was so terminated at 7:15 P.M.
Motion by Councilman Desch; seconded by Councilman McElwee,
RESOLVED, that the Special Assessment Rolls for the Districts ^
listed below be approved as presented:
Forest Home Lighting
Glenside Lighting
Renwick Heights Lighting
Ellis Hollow Road Sewer
Hanshaw Road Sewer
Northeast Sewer
Renwick Heights Sewer
Slaterville Road Sewer
South Hill Sewer
South Hill Sewer Ext. #1
South Hill Sewer Ext. #2
Old East Ithaca Water
New East Ithaca Water
East State Street Extension Water
- 5 - November 5^ 1970
Forest Home Water
Glenside Water
Northeast Water
Renwick Heights Water
Snyder Hill Water
South Hill Water
2nd South Hill Water
2nd South Hill Water Ext. #1
2nd South Hill Water Ext. #2
^ Trumansburg Road Water
Willow Point Lake Road Water
' Spec. Imp. SHWD, 2nd SHW, 2nd SHWD Ext. 1 and 2.
Unanimously carried.
APPROVAL OF MINUTES
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the minutes of the meeting of October 12, 1970 be
amended as follows (and as so amended approved):
Supervisor Schwan to be included in the committee
working on the matter of depreciation of Town equipment.
(Committee: Del Rosso, Morey, and Schwan).
Minutes to read, "Town cannot refund Mr. lacovelli's
prior year tax because the four parcels were not con
verted into two parcels until after the 1970 assessment
roll had already been approved. However, future taxes
would be based on Mr. lacovelli's ownership of two parcels
rather than four."
Unanimously carried.
LETTER OF CREDIT - EASTERN HEIGHTS
Motion by Supervisor Schwan; seconded by Councilman McElwee,
RESOLVED, that the Town of Ithaca rescind the requirement of the
Letter of Credit by Eastern Heights in the name of the Snyder Hill
Water District for the reason that they have fulfilled the terms
of the agreement. (Total of 220 units, of which Eastern Heights
represents 84.6 units, and the balance are in the names of third
parties.)
Unanimously carried.
EXTENSION OF SPEED LIMIT - WARREN ROAD
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the Town of Ithaca, jointly with the Town of Lansing,
request the Department of Transportation to extend the 4o miles per
hour speed limit on Warren Road to Route 13.
Unanimously carried.
COMMUNICATIONS
Supervisor Schwan read a letter received from L. William Banner,
Assistant Superintendent of the Ithaca City School District,
(dated October 15^ 1970), suggesting that the School District would
be willing to take over Rosemary Lane when and if the Town abandons
it as a road or street. In view of the fact that there is one tax
parcel fronting on Rosemary Lane that does not belong to the School
i ' District, the Board would like to defer action on Mr. Banner's sug
gestion.
Supervisor Schwan read a letter (dated October 22, 1970) from
Constance E. Cook to the members of the Town Board, in which she
urged that the Town Board consider construction of bicycle paths,
in conjunction with the City of Ithaca, to create "maximum flexi
bility in our means of transportation. Supervisor Schwan suggested
that this letter be referred to the committee working through the
Planning Board with the Park Council. The Town Clerk was instructed
to forward a copy of the letter to Mrs. Roger Livesay, Chairman of
the committee.
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DELINQUENT WATER BILLS
Motion by Supervisor Schwan; seconded by Councilman McElwee,
RESOLVED, that delinquent water and sewer bills for Cayuga Heights,
Forest Home, and the City of Ithaca be added to the assessment roll
for 1971.
Unanimously carried.
DECEMBER MEETINGS
Motion by Supervisor Schwan; seconded by Councilman McElwee,
RESOLVED, that the regular December meeting of the Town Board be
held on December 7^ 1970 at 5^00 P.M. and that the Annual Audit
meeting be held on December 31> 1970 at 10:30 A.M.
Unanimously carried.
INVENTORY OF HIGHWAY MACHINERY, TOOLS, AND EQUIPMENT
Pursuant to Highway Law, Section l42(3)^ Superintendent of Highways
Marion Morey's inventory of highway machinery, tools, and equipment
was presented to the Board and accepted as presented, and is on file
with the Town Board at the Town Offices, lOo East Green Street,
Ithaca, New York.
SNOWMOBILE ORDINANCE
Mr. Buyoucos reviewed briefly the background of snowmobile legis
lation, stating that the Town Board may determine which roads or
highways are uncongested and suitable and safe for use of snow
mobiles, and at what hours of the day or night snowmobiles may be
permitted to be operated. Mr. Buyoucos suggested quick action on
this as we will soon be into the winter season.
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that Councilman McElwee, Councilman Del Rosso, and Town
Attorney James Buyoucos work as a committee on a proposed snow
mobile ordinance and report back to the Board at its regular meeting
on December 1970.
Unanimously carried.
STANDARDS OF CONDUCT (CODE OF ETHICS)
Motion by Councilman Desch; seconded by Supervisor Schwan,
RESOLVED, that the Town Board hold a Public Hearing at 5jOO P.M.
on December 7, 1970 with respect to a proposed local law establish
ing standards of conduct for officers and employees of the Town of
Ithaca.
Unanimously carried.
VILLAGE OF CAYUGA HEIGHTS EXTENSION OF SEWAGE
TREA^ENT FACILITIES INTO LANDS OF TOWN OF ITHACA
Motion by Supervisor Schwan; seconded by Councilman McElwee,
RESOLVED, that the Village of Cayuga Heights may extend and con
struct an addition to its present sewage disposal plant located ^
on East Shore Drive, Ithaca, New York, outside the limits of the ^^
Village of Cayuga Heights and within the Town of Ithaca, to be
located on the property now or formerly owned by Leonard B. Liberman
hereinafter described as follows:
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ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, County of Tompkins, State of New York, and more
particularly bounded and described as follows: Begin
ning at a point South 26^5^* East, l40 feet from the
northwest corner of premises conveyed to Maurice C.
Avery by Deed of Associated Real Properties, Inc.,
dated April 17, 193^> recorded in the Tompkins County
Clerk's Office in Book 2^9 of Deeds at page l4o and
subsequently conveyed by Maurice C. Avery to the Village
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- 7 - November 5, I970
of Cayuga Heights by deed dated April 13^ 1956, recorded
in the said Clerk's Office in Book 386 of Deeds at page
417; thence southeasterly 611.3 feet, more or less, along
the west bounds of said former Avery parcel, now owned by
the Village of Cayuga.Heights, to a pipe; thence westerly
101 feet, passing through::'a former salt well at 84 feet
to the easterly line of .itiie right of way of the state
highway from Ithaca to South Lansing and commonly known
as the "East Shore Drive"; thence northerly along the said
easterly line of the East Shore Drive, 607.7 feet, more or
less, and passing through concrete highway monuments mark
ing changes in course of the highway to the south bounds
of other premises owned by the' Village of Cayuga Heights;
thence North 75°l6' East, 73 feet to the point and place
of beginning.
The said parcel will be subject to existing'rights of way
and easements as now exist in favor of the New York State
Electric and Gas Corporation, the New York Telephone Com
pany, and the City of Ithaca in connection with a water
main (and the public in the use of the state highway)
included within the boundaries of the above described
premises,
and that this consent is given pursuant to Section 26OA of the
Village Laws of the State of New York; all: of the foregoing reso
lution being contingent upon the Town Attorney approving the above
description.
-•• •• Unanimously carried.
APPROVAL OF ALTERNATE ELECTION INSPECTORS
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the following persons be approved as alternate
election inspectors fgr the Republican Party ;
Mrs. James-May, •1036-Hafrshaw Road
Mrs. Velma Markwardt, 203 Blackstone'"Avenue
Mr"s;S^-Wendeir* Earley 1318-Hanshaw Road
Mars Gerald Lattin, 1034: Hanshaw Road
Louise Adams, 125 Remington Road
Unanimously carried.
ADJOURNMENT
The meeting was adjourned at 8:15 P.M. until 5:00 P.M. on
November 10, I970.
■'VfL'--
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Edward L. Bergen
- Town Clerk