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Home My WebLink AboutTB Minutes 1971-03-0811 « I p. i I TOW OP ITHACA REGULAR MEETING MARCH 8, 1971 At the Regular Meeting of the Town Board of the 'town 6t Ithaca, n Tompkins County, New York, held at the Town Offices'at 108 Bast Green Street, Ithaca, New York, on the 8th day of March, 1971, at 5:00 p.m., there were; - PRESENT: Walter J. Schwan, Supervisor. Noel Desch, Councilman Robert N. Powers, Councilmsin ' ALSO PRESENT: James V. Buyouqos, Town Attorney David Cowan, Zoning Officer Marion Morey, Highway Superintendent Peter K. Prancese, Planning Consultant Donald Rikef, West Ithaca Association Mrs, Carl Valentino, Park Council Mrs. Roger Livesay, League of Women Voters Edward W. King, Attorney-at-Law Prank Bell, Attorney-^at-Law Norman Jordan, Eastern Heights, Inc. Vincent Pranclamone Mrs. Mary Hafler Mrs. Nancy Hewett Members of Radio, TV, €ind press ' ABSENT: Councilman Andrew W. McElwee Councilman Victor DelRosso.^, ' * Supervisor Schwan called the meeting to ord^'at 5:30 p.m. n WATER PROBLEM ON SLATRRVTrj.-R POAn .i ^ Hafler, 15^0 Slaterville Road, Ithaca, New York,and Mrs. Nancy Hewett, 1518 Slaterville Road, Ithaca, New York; reported that three winters ago they suddenly began to suffer from accumulations of water on their properties. At that time they did nothing about it but this past year the problem has continued. They reported that at times there is a great quantity of water pouring ^22 1?®^^ cellars. There was some question whether the activitiesat Eastern Heights could have caused the trouble, Mr. Prancese, Planning Consultant, and the. Town Board in general were at a loss to building of a. few houses oh Eastern Heights couldaffect the surface drainage. Supervisor Spiiwan pointed out that so far as surface water is concerned the ditch at Eastern Heights would be fixed. The Supervisor said he would come up and look at the situ ation, DISSOLUTION OP WATER AND SEWER DISTRICTS Supervisor Schwan briefly outlined a plan to dissolve all water and sewer special benefit districts and create one water district and one sewer district, citing-^the following advantages of the unified system: (1) Bring rates down generally, (2) simplify administration, (3) help the ^own to grow, (4) build capital reservos, and (5) all would pay their faiir share. Mr. Sq.hwan emphasized that no one who does not have a water or seWef benefit will pay for one. He announced that in due c.qurse a public hearing would be held on this matter and that, if approved, it is the Town Board's plan to have the new system operative for the coming taxable year 1972. APPROVAL OF MINUTES Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the minutes of the Regular Meeting of February 15, 1971 be approved as presented. Unanimously carried. - 2 - PUBLIC HEARING - LOCAL LAW NO. 1 - 1971 Proof of posting and publication having been presented, the Public proposed Local LaW No. 1 - 1971 was c'alled to order at '5:45 p.m. Supervisor Schwan briefly explained the piirpose of the proposed local law. No persons desiring to be heard having presented themselves. Supervisor Schwan terminated the Hearing. Councilman Desch; seconded by Councilman Powers, RESOLVED, that the following be adopted as Local Law No. 1 1971 of the Town of Ithaca; FOLLOWS: BE IT ENACTED BY THE TOWN . BOARD OP THE TOWN OP ITHACA, AS n PROVIDING FOR A PARTIAL TAX EXEMPTION OF REAL PROPERTY CERTAIN PERSONS WITH LIMITED INCOME WHO ARE 65 YEARS OP AGE OR OVER , This law is enacted pursuant to the provisions 2 Property Tax Law as added to by ChapterDID of the Laws of I966 and as amended through Chapter 291 of the Laws of 1970, „ ^ Pursuant to the provisions of Section 467 of theReal Property Tax Law, as above more particularly specified, real property located in the Town of Ithaca used exclusively for residen tial purposes and owned by one or more persons, each of whom is sixty- five years of age or over, shall be exempt from taxation by said Itown the extent of fifty per centum of the assessed valuation thereof. This exemption, however, shall be limited to such property and per sons as meet the conditions, qualifications, exclusions and limita- Pl set forth in said Section 467 of the Real Property Tax Law and shall be in accordance with and comply with said Section of the Real ' Property Tax Law, as now adopted and as it may be amended. An exemp tion shall be granted only if the income of the owner or the combined ^come of the owners of the property does not exceed the sum of FIVE TOOl^AND^LLARS ($5^000,00) for the income tax year as described in Section 467 of the Real Property Tax Law. Where title is vested In either the husband or the wife, the combined income mav not exceed such sum. . Section 3. Application for such exemption must be made by the owner, or alX of the owners of the property, on forms to be furn ished by the Tompkins County Division of Assessment, or by any other office or person charged with the responsibility of furnishing the same, and shall furnish the information and be executed in the manner required or prescribed on such forms, and shall be filed in such office at least ninety days before the day for filing the final assessment roll. . . Section 4. Any conviction of having made any willful falsestatementin theapplication for such exemption shall Be punishable by a fine of not more than one hundred dollars and shall disqualify the applicant or applicants from further exemption for a period of five years. ^ ^ Section 5. This local law shall not apply to any taxes assessed prior to the effective date of adoption. Section 6. This local law shall become effective immediatelj/. ^ ^ ^ Unanimously carried. 13 - '3 - March 8, 197I CORRECTION OF TAX ROLL (REFUITOS) Motion by. S^upervisor Schwan; seconded by Councilman Powers, RESOLVED, that refunds be made to Eastern Heights, Inc. with respect to water and sewer charges for tax parcel 57-1-8.68 in the amount of $171.88 and tax parcel 57-1-8.69 in the amount of $171.88. Unanimously carried. Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that if there is a surplus in the district, the acreage assessment on the new Ithaca College dormitories. Parcel 41-1-24, be refunded in the amount of $735.14 and further that the tax roll be amended to tax this parcel on the unit basis only. Unanimously carried. VINCENT PRANCIAMONE • ^ .1 .1. Prank Bell, Attorney-at-Law, spoke on behalf of his client, Mr. Vincent Pr^ciamone, with respect to assessment of Mr. Pranciamone*8 parcel ^5-1-5. He said a year ago Mr. Pranciamone was billed for ^ sewer and that the matter was brought to the attention cL f meeting of March 9, 1970 and via Resolution550 or the minutes of that meeting a refund of two units was author ized and later made. Mr. Bell claimed that the"situation as of the present time has not changed, that Mr. Pranciamone has two units of water and no units of sewer. He noted that the Board of Health has directed that Mr. Pranciamone secure a coupling and at the present ^^^Ble to secure a permit to make the connection. He asked the Board to take the same action as a year ago with respect to refund. The Town Board took the position that Mr. Pranciamone has three imits now and that there is .litigation on that basis. The Board did not feel that it could take; ahj^ kctioh at-this time until the legal question has been resolved with' respfedt'to the zoning problem. The matter was tabled. COMMUNICATIONS ^^yg^^^Abbott. Supervisor Schwan referred to a letter from Edward Abbott, dated Pebruary 18, 1971j with regard to Mr. Schwan's analysis of the Water Department of the City of Ithaca in relation to its charges for water to the Town of Ithaca. Supervisor Schwan did not feel it necessary to read the letter in its entirety since the whole matter has been aired extensively in the Ithaca Journal. , Better of complaint re TV cable. Supervisor Schwan read a letteraddressed to tne Town Board (letter undated) with respect to diffi culties with Ceracche TV Corporation,in the matter of service, incon sistency of charges, and assorted complaints similar to those received from citizens in the Northeast. This letter once again raised the question of what to do about the recurring complaints about the TV cable. After some discussion, Councilman Powers agreed that he would talk with Mr. Ceracche and discuss with him the following; (1) Printing of a rate card, (2) maintenance of a log of calls and responses to calls for service, (3) possibility of including rate schedule on coupon books issued to subscribers, chart of channels and corresponding numbers on TV dial, (4) annual publication of franchise. At that time he would determine whether it might be well for the whole Board and Mr. Ceracche to sit down together and discuss the problem. Lozier Engineers. Water Tank Painting. Supervisor Schwan read a letter rrpm Lozier Engineers, dated Pebruary 4, 19715 about paint- dng of Town of Ithaca water tanks. He noted that Lozier did not think too highly cathodic protection, but they highly recommended metal lizing. Metalizing, however, is extremely expensive (about $19>400 for a 500,000 gallon tank. ) (A new tank costs about $50,000). Super visor Schwan said he would pursue the entire matter of painting water tanks with Mr. Dunlap. 14 - - March 8, 1971 HIGHWAY FUHD TRANSPER seconded by Councilman Powers,RESOLVED, that $6,848.26 be'transferred from Item III (Machinery ^rLfof Ihe^ffif improvements) to balance the accounts ^ Unanimously carried. M SPLITTING ELECTION DISTRICT NO. 6 'iy" TOis matter was tabled until the next meeting of the Board. Mean- of the EiectfAn instructed to find out what sectionLa ? covers the splitting of a district which has become too large and unwieldy. AUBLE COHSmuCTION CORPORATION HOLDBACKS RpqnTwn^ Schwanj seconded by Councilman Desch,R^OLV^, that the following Auble Construction Corporation hold- oL Water District in the amount offl4sfi MaL-iA? h Sewer District Ext. #1 in the amount of $4,519.90 Ext 2 amount of $138.39)j South Hill Sewer District Ert' So amount of $5,519.97; and 2nd South Hill Water DistrictExt. #2 in the amount of $551.10; totalling in all $12,847.00. Unanimously csw-ried. EASTERH HEIGHTS PARK 1—1 beIot^^ Schwan; seconded by Councilman Powers, Itw the Town Board indicate to Eastern Heights, Inc. nart o? tha conditions which are being° subdivision regulations are met, the three conditions (a) Retain woods and ravines in natural undisturbed condition wneneyer possible. (b) Remove all debrils);, finish grade <arty^ disturbed areas : n With at least 4' indh^s pf topsoil i&d:'make acceptable to Town-of Ithaca- for futur^/xipvelo^nient, ->(- (c) Provide entrance sidewalk to park arda acceptable to Town of Ithaca. ... ' Unanimously carried. ' > KENNILWQRTH SHOPPING CENTER SITE PLAN ^epi^esenting Kennilworth Associates, n -t- briefly the background of the proposed Kennilworth ShoiipingCenter and requested at this time from the Town .Board (1) an indication that they have satisfied the condition of the water supply for Phase 1, (^) that when the municipal water supply becomes available they be allowed to be connected to it without further recourse to the i' Town Board, and (3) that the site plan be formally approved bv the Town Board. ^ Mrs, Roger Livesay protested the manner in which the project was originally presented, indicating she felt the Planning Board approval was improperly given since the site plans presented to it varied so markedly from what was described when the public hearings were held. She felt this was an opportune time for the Board to salvage something" in the way of aesthetics, specifically the pre servation of the Barnes house as an historical monument (the Barnes home being the original house built by the Mitchell family;, after whom Mitchell Street was named). She felt something Should be put 5 - March 8, 1971 i in the Kennilworth proposal to guargintee the preservation of the , Barnes house, indicating also that the preservation of the Barnes specifically discussed at the original zoning change meeting. ^e Board was not of the opinion that such a provision could motion-^ included in the proposal, but did make the followihg seconded by Councilman Powers, 1 i ^ Town of Ithaca recognizes thatthe Barnes house is a very old edifice and that the Board will pursue Co^tv Whether any agency or group in Tompkins^ County IS interested in preserving it as an historical monument. Unanimously carried. fn?moliSn w^'mldef'Kennilworth project the follow- Ithaca Planning Board did, on or about the 29th pfL approve the Site Plan for Kennilworth Shopping EliirHo?! its intersection withnli V °n about the 9th day ofappove Revisions thereof (whereby the buildings and tCCtatfwiv shifted southerly, the proposed bank was Palls Road etc ^ single entranceway was provided from Judd iMued^o^/9ft^n^=^h? Phase I construction thereunder wasissued on V2o/70 subject to two conditions, viz. I #1 - Conditional on Town Approval of water and sewer plans and construction. i f ; i #2 - Conditional on Town Approval of building signs — include no signs higher than building roof lines. '^ur®}°P!^' Kennilworth Associates, have now provided i ® obtained Health Department approvals of this supplydistribution system, and the hookup of their oC tChh o® utilization of the existing sewer lines thB sewage will be collected and treated inthe City of Ithaca treatment plant; "'tillty plan details and approvals have now been anrf Board of Ithaca with the Engineering Reportand plan as approved by the State and County Departments of Health; approved Site Plan, indicating such wells andUtility lines have also been submitted to this Board; <5iir>ov.,H Councilman Desch duly made, and seconded bySupervisor Schwan, it is hereby . ^ «« resolved that the said Kennilworth Shopping Center Site Planas approved May 27, 19^9, with the Revisions thereof as approved December 9, 19d9, as now augmented by the water and sewer details ,1-^ approved by the Health Department in February I97I, is hereby approved i I Sq Condition #1 of the Building Permit issued April2o, 1970 is hereby declared satisfied by these utility plans; FURTHER RESOLVED that such condition shall also be deemed satisfied, without further application to or action by the Town, by the provision of a municipal water supply to service this site if and when such a supply becomes available to the developer from whatever source. 16 - 6 -March 8, 1971 on tho that "the said site plans are approvedKennilworth Associates, on the Ung parallelwith Judd Pais Road, through the:,length of thrshopping cffir pL- rIst;uran"pSL\°f„®?Sr^^"?^®^y (locate^e^^eef the+u\ ? parcel on the north and the gas station narcel on minimL^o^five feet^hifih^ conifers ten feet in width and a n of the shoDnf^'^S+^S^^?' that a road connection between Phase Ias Jart of th2 Ellis Hollow Road be constructed^accordLcf w?th tho f the drainage requirement), inAssociate! Sh^pSl c!!!!r°Si!f P?a!).(Kennilworth issued effp^v^ RESOLVED that a new Building Permit may now be Condition year from the date hereof, without such tion of proDer^lana^flnd issue (upon the presenta- narticuifln?? details) for other construction (including Judd Faiic; ^oa^q service station at the northeast corner of Plan frpp'fnom Hollow Road,) in accordance -With such Siter±an, rr,^^ .-from such condition. « wc Unanimously .carried. •.'j • BOND ANTICIPATION NOTES R^OT.OTn^ Schwanj seconded by Councilman Powers, 'A? T<.^ bond anticipation notes heretofore executed by the folloSinff ? following amounts and with respect to the the resolution authorizing n2 the said districts, shall be renewed at Ms^'^®_,Supervisor is hereby authorized to execute such | fl! !!! ho OTd such other instruments and take such other stepsas may be legally requested to effect such renewals: .Ellis Hollow Rpad Sewer District A 82 .?0O■New East Ithaca Water District 42^000South Hill Sewer District - Note #1 , pop' 076South Hill Sewer District - Ext. #1 loq'oooSouth Hill Sewer District - Ext. #2 126'ooo2nd South Hill Water District - Ext. 1 56*6002nd South Hill Wster District - Ext. 2 12*0002nd South Hill Water District Note #2 206^062 Unanimously carried. sm.apj.es of town clerk and deputy town clerk Schwan; seconded by Councilman Desch,RESOLVED, that the salary of the Town Clerk and Receiver of Taxesbe raised to the budgeted amount of $8,500; and that the spiary ofthe Deputy Town Clerk be raised to $5,oOO: both increases to be effective, April 1, I971. i . tt ^ -1 4 ^^ 5 :7i . Unanimously ^carried. TWO-WAY RADIOS FOR HIGHWAY DEPAROM^T-TRUCKS ^ Superintendent of Highways, Marion Morey, requested permission topurchase two two^-way radios for the Town trucks, cost of which tobe .approximately $500. The Board felt he should go ahead with this purchase. REPORT Zoning Officer Dave Cowf^|^ brought the Board up to date on the matterof the Rumsey-Ithaca Co^qi-ation gravel bank on Coy Glen Road. Henoted that we need some depositions from old time residents of thearea who have watched the expansion of this operation over a period of time. Mr. Cowan reported that his records do not show that this operation has ever applied for a permit of any kind. 17 " " March 8, I971 BOND ATTORNEYS Suppvisor Schwahj seconded by Coundiim^ Desch, ' . ^ ^ Sykes, Galloway & Dikeman, bond, attorneys,work with Town Attorney James V. Buyoucos. In connection of resolutions and procedures for the dissolution of districts pursuant to Section 209-r of the Town Law. , Unanimously carried. APPROVAL OP WARBANTS Schwan; seconded'by Councilman Desch, ^unt^'brpald^® warrants dated March 8, 1971, In the following General Fund <fe oqq. Highway Fund . ' ^ I'^^o'Il South Hill Sewer District Ext. #2 5'519!97 New East Ithaca Water District Fund 2'394,42 South Hill Sewdr District Ext. #1 4,381[51 Unanimously carried. ADJOURNMENT I The meeting was adjourned to a tentative meeting oh March 23, 1971 at 5tOO pvm. > . Edward L* Bergen Towh dlerk ' • O)