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HomeMy WebLinkAboutTB Minutes 1971-06-1455 TOWN OF ITHACA REGULAR BOARD MEETING JUNE l4, 1971 - 5:00 P.M. ! i 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 . 56 - 2 - June 14, 1971 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 n 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. ^ n i 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 57 - 3 - June l4, 1971 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? n 58 - 4 - June l4, 1971 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. n n 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 59 - 5 - June 14, 1971 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. 60 - 6 - June l4, 1971 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. n 61 n - 7 - June 14, 1971 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