HomeMy WebLinkAboutTB Minutes 1971-06-1455
TOWN OF ITHACA
REGULAR BOARD MEETING
JUNE l4, 1971 - 5:00 P.M.
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At a Regular Meeting of the Town Board of the Tovm of Ithaca, Ton5)kins
County, New York, held at the Town Offices at 108 East Green Street,
Ithaca, New York, on the l4th day of June, 1971j at 5:00 p.m., there
were
PRESENT:
ALSO PR^ENT:
Walter J. Schwan, Supervisor
Andrew W. McElwee, Councilman
Noel Desch, Councilman
Victor Del Rosso, Councilman
Robert N. Powers, Councilman
James V. Buyoucos, Town Attorney
David W. Cowan, Zoning Officer
Reynolds Metz, Assistant Zoning Officer
Marion Morey, Highway Superintendent
Peter K. Prancese, Planning Consultant
Mrs. Barbara Holcomb, Chairman, Planning Board
Mrs. Carl Valentino, Eastern Heights Civic
Association
Donald Riker, West Ithaca Civic Association
Mrs. Rogert Livesay
Assemblywoman Constance Cook
Hugh (Sam) MacNeil, County Representative
Robert L. Bruce , County Representative
Anthony Petito
Rocco P. Lucente
Other residents of Town of Ithaca
Members of Radio, TV, and Press
Supervisor Schwan called the meeting to order at 5:20 p.m.
APPROVAL OF "minutes
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the minutes of the special meeting of April 26, 1971
as presented by the Town Clerk be approved.
Unanimously carried.
COY GLEN GRAVEL BANK
Hugh (Sam) MacNeil in^iuired as to whether the Coy Glen gravel pit
was in violation of the Zoning Ordinance. Mr. Cowan indicated he
had filed a"formal complaint with Mr. Van Epps and Mr. Cowan felt
that the general operation is legal, but that the Zoning Ordinance
states that operations within the gravel pit, such as putting up
buildings, reqtuire a permit and that no permits have ever been filed.
Attorney Buyoucos said that the matter has been referred to his office
and that his office is proceeding on the basis that a con5)laint has
been turned over to the Town and that in due course the matter will
be taken care of.
^ report of county representative ROBERT L. BRUCE
( I Mr. Bruce reported that in the near future the Board of Representa
tives will set up two committees — one on reapportionment and one
on sales t^ allocations — and that the Town would be invited to
submit nominations for members of the committee between now and the
first of September.
Mr. Bruce also spoke briefly of the County Planning Coalition, the
Environmental Management Council and the Regional Resources Conserva
tion Development project. This last is now ready to go forward and
Mr. Bruce noted that the Town was invited to participate in discus
sions .
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REFERENDUM - DISSOLUTIOK OF WATER AND SEWER DISTRICTS
Supervisor Schwan reported that the Town of Ithaca had received
petitions with signatures in sufficient number to require that a
referendum be held on the proposal to dissolve all the water and sewer
districts in the Town of Ithaca.
Mr. Schwan discussed the South Hill matter and indicated that the
cost overrun for rock on South Hill had been emphasized out of pro
portion to its true in^ortance. He indicated there were other
economic factors which had largely been overlooked — the doubling
of construction costs between 19^5 and 1970; the rise in materials
costs of something in the neighborhood of 30-35^; ^d the rise in
the interest costs on municipal bonds, from 35^ to
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Mr. Schwan also spoke briefly of the possible results of an adverse
court dicision, should there be one, and its effects on the taxpayers
of South Hill and the rest of the Town.
Mr. Schwan noted also that no suitable alternative to the dissolution
of the water and sewer districts had been presented.
Attorney Buyoucos said it was a good thing to have a referendum in
that the decision is then in the hands of the people. He added, how
ever, that the people who are opposing the resolution have a respon
sibility to suggest an alternative and that it is not enough merely
to be against the proposition.
Mr. Buyoucos read the resolution to hold a special referendum election
upon the two propositions on July 13, 1971. He said, also, , that the
whole matter had to be effective by August 1 in order for the dissol
ution to be applicable to the next tax year. ^
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Mr. Lucente suggested that it would be a good idea to use the voting |
machines rather than ballots. The Board indicated it would take this
suggestion into account.
The following resolution was offered by Councilman McElwee,
who moved its adoption, seconded by Councilman Desch, to-wit:
RESOLUTION DATED JUNE l4, I97I
A RESOLUTION AUTHORIZING A SPECIAL TOWN ELECTION
IN CONNECTION WITH THE DISSOLUTION OF ALL SPECIAL
WATER IMPROVEMENT DISTRICTS AND ALL SPECIAL SEWER
IMPROVEMENT DISTRICTS IN THE TOWN OF ITHACA, TOMPKINS
COUNTY, NEW YORK, PURSUANT TO SECTION 209-r OF THE
TOWN LAW.
WHEREAS, the Town Board of the Town of Ithaca, Tompkins County,
New York, has heretofore adopted resolutions dated May 10, 1971 dis
solving all of the special water improvement districts in said Town
and dissolving all of the special sewer improvement districts in said
Town; and
WHEREAS, each of said resolutions was adopted subject to per
missive referendum; and
WHEREAS, a petition requesting a referendum for the submission
of a proposition with respect to each of such resolutions signed and
acknowledged by qualified electors residing in the area of said Town I
outside of any Villages in sufficient number as required by the pro
visions of Section 209-r of the Town Lawhas been filed; and
WHEREAS, it is now desired to call a special Town election for
the purpose of submitting propositions for the approval of each of
said resolutions in accordance with the provisions of Article 6 of
the Town Law; euid
WHEREAS, the Town Clerk, with the advice of the Town Attorney,
has duly submitted to this Board the form for said proposition as
hereinafter set forth; NOW, THEREFORE, BE IT
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RESOLVED, by the Town Board of the Town of Ithaca, Tompkins
County, New York, as follows:
Section 1. A special election of the qualified electors of
the Town of Ithaca, Tompkins County, New York, shall be held on July
13> 1971 for the purpose of submitting to them propositions for the
approval of the resolutions dissolving all of the water in^rovement
districts and all of the sewer in^rovement districts in said Town as
i I described in the preambles hereof. The polls of said special election
shall be open at 11:00 o'clock A.M., Eastern Daylight Saving Time and
shall close at 8:00 o'clock P.M., Eastern Daylight Saving Time. The
propositions to be submitted at such special Town election shall be
in substantially the form hereinafter set forth in the form of notice
of such special election. Voting upon said propositions shall be by
ballot.
Section 2. The Town Clerk is hereby authorized and directed
to give notice of said special Town election by the publication of a
notice once in the Ithaca Journal, a newspaper having a general cir
culation in said Town, to be at least ten days prior to the date of
said special election. In addition, the Town Clerk shall post or
cause to be posted a copy of such notice on the Sign Board of the
Town maintained pursuant to subdivision 6 of Section 30 of the Town
Law at least ten days prior to the date of said special election.
Said notice to be published and posted as provided in this section
shall be in substantially the following form, to-wit:
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a special Town election of the
Town of Ithaca, Tompkins County, New York, will be held on the 13th
day of July, 1971, at which the polls will remain open for the pur-
pose of voting between the hours of 11:00 o'clock A.M., and 8:00
i i o'clock P.M., Eastern Daylight Saving Time, for the purpose of sub
mitting the following described propositions for the approval of the
qualified electors of said Town:
PROPOSITION I
Shall the resolution duly adopted by the Town Board
^ of the Town of Ithaca, Tompkins County, New York, on the
10th day of May, 1971» determining it to be in the public
interest to manage, maintain, operate and repair as a
Town fvuiction, all of the inprovements and services pro
vided by all of the special water improvement districts
in said Town which have heretofore been established,
providing that all of said districts are dissolved pursuant
to Section 209-r of the Town Law; determing that the
costs of improvements in and for said districts, includiiig
the principal of and interest on bonds or other obligations
authorized to be issued for district purposes of which
have been issued for such purpose and are outstanding
and unpaid shall be borne by the entire area of the Town
of Ithaca outside of any Villages, all of the lands within
such area having been determined to be the lands benefited
by such improvements; determining that such costs shall
be assessed, levied and collected from the several lots
or parcels of land within said Town in iust proportion to
the amount of benefit which the improvements confer
thereon; determining that the cost of management, mainten
ance, operation and repair of all improvements or services
in said districts shall, after dissolution, be a charge
on the area of the Town of Ithaca to be collected in the
same manner and at the same time as other Town charges
provided that such costs shall be raised in the first
instance from water rates, charges and fees; determining
that such dissolution shall be effective as of January 1,
1972 and providing that said resolution is adopted subject
to permissive referendum, be approved?
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PROPOSITIOH II
Shall the resolution duly adopted by the Town Board
of the Town of Ithaca, Tompkins County, New York, on the
10th day of May, 1971> determining it to be in the public
interest to manage, maintain, operate and repair as a
Town function, all of the improvements and services pro
vided by all of the special sewer improvement districts
in said Town which have heretofore been established;
providing that all of said districts are dissolved pursuant
to Section 209-f of the Town Law; determining that the
costs of improvements in and for said districts, including
the principal of and interest on bonds or other obligations
authorized to be issued for district purposes or which
have been issued for such purpose and are outstanding
and unpaid shall be borne by the entire area of the *Town
of Ithaca outside of any Villages, all of the lands within
such area having been determined to be the lands benefited
by such improvements; determining that such costs shall
be assessed, levied and collected from the several lots
of pfacels of land within said Town in Just proportion to
the amount of benefit which the improvements confer
thereon; determining that the cost of management, mainten
ance, operation and repair of all improvements of services
in said districts shall, after dissolution, be a chafge
on the area of the Town of Ithaca to be collected in the
same manner and at the same time as other Town charges
provided that such costs shall be raised in the first
instance from sewer rates, charges and fees; determining
that such dissolution shall be effective as of Jauiuary 1,
1972 and providing that said resolution is adopted subject
to permissive referendum, be approved?
Copies of the resolutions referred to in said propositions
are on file in the office of the Town Clerk in said Town -where the
same may be examined by any interested person during regular business
hours.
Qualified electors residing in the area of the Town of Ithaca,
Tompkins County, New York, outside of any Villages therein, shall be
eligible to vote at such referendum.
The places at which such qualified electors shall vote at such
special Town election are:
ELECTION DISTRICT POLLING PLACE
No. 1 Recreation Room of Nurses
Building - Tompkins County
Hospital, Ithaca, N. Y.
No. 2 School District Vehicle Maintenance
Center, 15O Bostwick Rd., Ithaca,
N.Y.
No. 3 National Cash Register Co.
Building, Danby Rd., Ithaca, N.Y.
No. 4 Agricultural Engineering Building,
Riley Robb Hall, Cornell University
Ithaca, N. Y.
No. 59 6, and 8 Northeast Elementary School
Winthrop Drive, Ithaca, N. Y.
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Dated: Ithaca, New York
June 17, 1971
BY ORDER OP THE TOWN BOARD OP THE
TOWN OP ITHACA, TOMPKINS COUNTY,
NEW YORK
By Edward L. Bergen, Town Clerk
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Section 3# Election inspectors and ballot clerks for said
special Town election shall be those appointed, as provided by the
Election Law, and such special Tavtn election shall be conducted, the
votes canvassed and the' results certified and returned so far as
practicable, in the manner prescribed by the Election* Law.
fmm Section This resolution shall take effect immediately.
I i The question of the adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
Supervisor Schwaji VOTING Aye
Councilman McElwee VOTING Aye
Councilmsui Desch VOTING Aye
Councilman Del Rosso VOTING Aye
Councilman Powers VOTING Aye
The resolution was thereupon declared duly adopted.
REQUEST FOR ACCEPTANCE OP PIDLER ROAD, BLACKSTONE,
ST. CATHERINE OP SIENA CIRCLE AS TOWN ROADS
Marion Morey, Town Highway Superintendent, said St. Catherine and
KLackstone are in fact the same road and it has been ready for accep
tance. Mr. Prancese pointed out that we do not yet have a deed for
it. Attorney Buyoucos said that the deed had just come into his
office. Supervisor Schwan indicated that there are two parts to
St. Catherine — St. Cahterine east and St. Catherine west. Mr.
Morey said it is a loop all the way around. Attorney Buyoucos said
he had a jieed for Brandywine to' Simsbury subject to Mr. Morey's
jmm,,. approval. Supervisor Schwan said when it is finished in accordance
! with Mr. Morey's requirements and is all hooked up the Town will
' accept the rest.
Motion by Coimcilman McElwee; seconded by Supervisor Schwan,
RESOLVED, that when St. Catherine's Circle is connected to
Christopher Lane and Brandywine to Christopher Circle and have
been brought up to the Town Highway Superintendent's specifications
and the Town Attorney has certified bothCdeeds to be in order, the
Town will accept both roads.
Uhanimously carried.
RE-ZONING ROLPE PROPERTY
Mr. Frederick Rolfe had requested that a piece of his land
600 feet long and 300 feet wide be re-zoned to Multiple Residence.
His' intent is to put 12 multiple residences scattered in three
buildings for a total of 12 units, four in each of three buildings.
Mr. Rolfe has notified the Planning Board of his intent and has
also notified his neighbors of his intent in writing. None of his
neighbor is have made any objection. The Planning Board has already
/> had a Public Hearing on this matter. Mr. Peter Franceses-Planning
Consultant, asked the Town Board for a resolution in this matter.
rn Motion by Supervisor Schwan; seconded by Councilman Powers,
: I RESOLVED, that on the 19th of July, 1971, which is the date of the
next Town Board meeting, a public hearing will be held, on the
recommendation of the Planning Board, for re-zoning the portion of
the Rolfe property on Five Mile Drive from R-9 to Multiple Housing.
Unanimously carried.
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DREW PARK SUBDIVISION n WOODGATE ROAD EXTENSION
There was some discussion indicating that this had been approved as
a subdivision but neyer re-zoned» It is zoned Agricultural and was
approved by the Planning Board May I9, 1970.. It is in R-30 and the
roads qualify.
Motion by Supervisor Schwan; seconded by Councilman Powers,
RESOLVED, that the northerly extension of Woodgate Lane be accepted
by the Town Board of the Town of Ithaca as a Town road, such accep
tance to become final only when (1) the Town Highway Superintendent
shall have filed his certificate of approval and shall have noted
his approval on the deed; (2) the Town Attorney shall have noted his
approval on the deed; and the deed shall have been recorded in the
County Clerk's office.
Unanimously carried.
LOWER MAXIMUM SPEED LIMITS - EAST SHORE DRIVE
AND WARREN ROAD (TWO NEW JUNIOR HIGH SCHOOLS)
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the Town Board shall request the Department of Trans
portation, pursuant to Section 1622.1 of the Vehicle and Traffic Law,
to establish a lower maximum speed at which vehicles may proceed in
the school speed zone on East Shore Drive, a State highway in the
vicinity of the Ithaca High School and the new Junior Hi^ School.
Unanimously carried.
Motion by Supervisor Schwan; seconded by Counciamian Desch,
RESOLVED, that the Town Board shall request the Department of Trans
portation, pursuant to Section 1622.1 of the Vehicle and Traffic Law,
to establish a school speed zone on which vehicles may proceed on
Warren Road, a County road in the vicinity of BOCES and the new
Junior High School.
Unanimously carried.
APPROVAL OF ELECTION INSPECTORS
The Town Clerk presented to the Town Board a list of Republican
Election Inspectors approved by the Chairman of the Republican Party
and a list of Democrat Election Inspectors approved by the Chairman
of the Democrat Party. (Lists attached to these minutes)
Motion by Supervisor Schwan, seconded by Councilman Desch,
RESOLVED, that the lists of Election Inspectors, Republican and
Democrat, as presented to the Town Board by the Town Clerk, and as
approved by the chairmen of the respective parties for the term
ending July l4, 1972, be approved.
Unanimously carried.
SUMMER HOURS
Motion by Supervisor Schwan; seconded by Councilman Powers,
RESOLVED, that the period beginning J\me 1, 1971 through Labor Day,
September 6, i971> office hours for the Town Offices will be from
8:30 A.M. to 4:00 P.M.
Unanimously carried.
APPOINTMENT
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that Mrs. Barbara Holcomb be appointed to the County
Plsuining Coalition, effective immediately.
Unanimously carried.
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It was noted that the County Planning Coalition has no powers of its
own but does have the power to make recommendations to the County
Planning Board,
The Environmental Management Coimcil was mentioned briefly but it
did not appear there was much information available about this group.
Supervisor Schwan said he would learn what he could about this organ
ization and then consider the advisability of the appointment of a
representative of the Town Board to it,
PARK COUNCIL
There was discussion of the Park Council and the thought was to
approve the formation of the Park Council but postpone the setting
of its format and operational policies until Attorney Buyoucos can
work on it.
Motion by Supervisor Schwan; seconded by Councilman Powers,
RESOLVED, that the Town Board has approved in principle the formation
of the ParkCCouncil and the people who have been appointed to serve,
but will postpone decision as to the policies and powers of the
Council to make recommendations to the Town Board and the Planning
Board,
Unanimously carried.
Attorney Buyoucos will look into the matter of policies and powers
of the Council,
SPECIAL ELECTION - JULY 13. 1971
Attorney Buyoucos said he felt that someone would have to take the
responsibility to make sure that the polling places will be opened,
that they are manned, and that all required materials and supplies
for the conduct of the election will be available at the polling
places. It was agreed that the Town Clerk would take the responsi
bility for these matters;
APPROVAL OF WARRANTS
Mbtionclpy fCpuncilmanlDesch; i^ecbndbd by Councilman McElwee,
RESOLVED, that the warrants dated June l4, 1971> in the following
amounts, be paid:
General Fund ,,,, $ 22,125#71
Highway Fund 8,371.o2
ADJOURNMENT
Motion by Councilman Desch; seconded by Councilman McElwee,
RESOLVED, that the meeting be adjourned to June 21, 1971*
Unanimously carried.
The meeting was adjourned at 6:30 P,M,
Edward L, Bergen
Town Clerk