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HomeMy WebLinkAboutTB Minutes 1971-09-13TOWN OP ITHACA REGULAR BOARD MEETING SEPTEMBER 13, 1971 At a Regular Meeting of the Town Board of the Town of Ithaca, Ton^kins County, New York, held at the Town Offices at 108 East Green Street, Ithaca, New York, on the 13th day of September, 1971, at 5:00 p#m., there were PRESENT: Walter J, Schwan, Supervisor Andrew W« Mc'Elwee, Councilman Noel Desch, Councilman Robert N, Powers, Councilman ABSENT: Councilman Victor Del Rosso ALSO PRESENT: ° James V. Buyoucos, Town Attorney David W, Cowan, Zoning Officer Marion Morey, Highway Superintendent Peter K, Prancese, Planning Consultant Hu^ (Sam) MacNeil, County Representative Walter J, Wiggins, Attorney George Ideman Arthur Am Prince Otis Drew Donald Riker, West Ithaca Civic Association Mrs. Roger Livesay Mrs. Carl A. Valentino Arthur L. Berkey Other Town residents Members of Radio, TV, and Press ^ Supervisor Schwan called the meeting to order at 5:05 p.m. APPROVAL OP MINUTES Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED,- that the minutes of the meeting of August 9, 1971 be approved. Unanimously carried. COUNTY REPRESENTATIVE REPORT Mr. Hugh (Sam) MacNeil reported to the Town Board that the County Board of Representatives, on September 13, 1971, had appointed an eight member committee to study reapportionment in Tompkins County. The Republican appointees are Edward Lutz, Town of Ulysses; Thomas Todd and William Shaw, both of the Town of Lansing; Elizabeth McLennan of the Town of Ithaca, and Plorence Rumph of the City of Ithaca. Democrats named are Ruth DeWire of the Town of Ithaca and JohnOClynes and Alan Hnepper, both of the City of Ithaca. He said the committee would be given guide-lines or guidelines would be determined as to how reapjportionment will take place next year. The committee would study the boundaries of the County election districts based on the 1970 census and the committee would also study questions of population base and population from district to district and related matters. •n ACCEPTANCE OP DREW ROAD Town Attorney Buyoucos said he had approved the deed from Otis T. Drew to the Town of Ithaca, dated September 13, 1971, and Highway Super intendent Morey said the road is up to Town Specifications. Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Town of Ithaca accept Drew Road as a Town Road and that the Town Clerk be instructed to have the deed recorded in the Tompkins County Clerk's Office. Unanimously carried. (Said deed was duly recorded in the Ton5)kins County Clerk's Office on September 22, 1971 in Liber 495 of Deeds at page 200.) 74 - 2 - September 13, 1971 IDEMAN REQUEST TO CONSTRUCT COIN-OPERATED LAUNDROMAT WITH APARTMENTS ABOVE Walter A, Wiggins, Attorney, appeared on behalf of George Ideman of Judd Falls Road to request permission to construct a coin-operated laundromat with four apartments above it, adjacent to the P&C Market on Judd Falls Road, Town Attorney Buyoucos pointed out that the Zoning Ordinance of the Town of Ithaca does not permit a multi- residence in a commercial zone, Mr, Wiggins contended that Section 38, page 16, Zoning Ordinance of the Town of Ithaca, specifies "one parking space for each dwelling unit," the apartments would be per mitted by implication. Town Attorney Buyoucos said that such an interpretation did not necessarily follow and advised the Board that to do what was requested would require an amendment to the Ordinance, The Board was not inclined to amend the Ordinance, Mr, Wiggins then asked that the Board approve the coin-operated laundromat alone. Councilman Desch felt that the site plan as presented to the Board could not be approved as it stood because that would automatically approve the apartments as well as the laiindromat. The Board advised Mr, Wiggins that he would have to re-submit plans to the Planning Board for the laundromat and the Town Board would then await a recommendation from the Plainning Board, It was pointed out that Mr, Wiggins also had the option of going to the Zoning Board of Appeals to apply for a variance, Mrs, Carl Valentino appeared before the Board and said the people in her area would like to have a laundromat but are not very enthusiastic about the idea of the apartments over the laundromat. The opposition is based on prior experience in the area, specifically with reference to the present condition of the P&C store, Mrs, Valentino urged the Board to be very careful if a laundromat or laundromat and apartments are approved that strict conditions be imposed with respect to screen ing, side yards, blacktopping, garbage pickup, landscaping, etc, CODDINGTON ROAD COMMUNITY CENTER LAND ACQUISITION Councilman Desch presented to the Board material that might be the basis of a resolution with respect to acquisition of approximately five acres of land by the Coddington Road Community Center, adjacent to the present facilities on Coddington Road, Supervisor Schwan reported that the Board had walked the area in question. He asked Councilman Desch if the Coddington Road Community Center could furnish any part of the money required to purchase the land ($35300,00), Councilman Desch said the Center could put up as much as half of the amount required ($1,650,00), Town Attorney Buyoucos indicated that the problem that the Town should have full title and control of lauids owned by it is what must be considered. He said the Town may acquire by lease, pxirchase or condemnation lands required for any public piurose. There was some discussion as to whether a grant-in-aid of some kind might be made. The matter was tabled until Mr, Buyoucos could look into the legal aspects of the matter. WALKWAY ORDINANCE Attorney Buyoucos distributed to the Board members copies of a proposed walkway ordinance for their study and it was agreed that the matter would be taken up further at the next meeting of the Board or at a special meeting, ELM TREE REMOVAL ORDINANCE Supervisor Schwan reported that he would furnish the Board members with a sample ordinance with respect to Elm Tree Removal at the next meeting of the Board or at a special meeting. - 3 - September 13, 1971 ACCEPTANCE OP LOTS - STo CAHTERINE'S CIRCLE ARTHUR A > PRINCE SUBDIVISIOH Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Town Board of the Town of Ithaca accept St. Cather ine's Circle, Arthur A. Prince sub-division, subject to the condition that the acceptance shall be deemed final and the deed shall be recor ded only when the subdivision plan dated January 20, I969, as revised and approved August 24, 1971 by the Planning Board shall be amended to show that the certificate of approval relates only to Lots I-15 (Block 3) exclusively, as shown on said map, and provided that said map further show the location of a strip 50 feet in width north and south off the southerly end of Lot 5 (Block 3) which is being conveyed ^ to the Town of Ithaca for future road purposes. Unanimously carried. EASTERN HEIGHTS LIGHTING DISTRICT The Board discussed the matter of the formation of a lighting district for ornamental street lighting in Section 2 of Eastern Heights Sub division on Snyder Hill Road. Town Attorney Buyoucos said it was possible that Eastern Heights had formed a lighting district and that there was a record of a resolution to form one, but that it is also possible that a lighting district was never legally formed. He said the area which the lighting district is going to encompass would have to be delineated. Supervisor Schwan said it is Section 2 of Eastern Heights which is delineated on the Eastern Heights subdivision map which has been approved by the Plajining Board. Supervisor Schwan said the construction would be done by the New York State Electric & Gas Co3T>oration, and the Town would not have any expense, that the district would be paid for on a benefits basis. If a district were to be formed there would need to be a public hearing. This matter was " tabled until it could be determined what official action, if any, had been taken in the past. ADDITIONAL INTERSECTION LIGHTS FOR NEW ROADS Supervisor Schwan asked if any of the Board members had specific intersections in mind, since the New York State Electric & Gas Corp oration would have to be advised what intersections were being referred to. Discussion brought forth the following intersections for considera tion: Sugarbush Lsuie, Drew Road, Tudor .and Charlene, Ithaca College- Coddington Road. Supervisor Schwan said the Board would ride the Town and arrive at a list of specific intersections to be considered to lighting. ( : HIGHWAY EQUIPMENT BID - CAB AND CHASSIS With respect to bid for Cab and Chassis, proof of publication and posting of -the notice to bidders for bids for cab and chassis in accordance with a resolution of the Town Board at its meeting of August 9> 1971 was presented. It was reported that only one bid had ^ been received and that it was opened by the Town Clerk at 2:00 p.m. on September .10, 1971 3,n ,the jpres^ence of the Town Highway Superintend ent, Marion Morey. Supervispr Schwan reported that the bid was from Cayuga Motors, Ithaca, New York, in the amount of $4,79^.00 for a gas engine and $6,448.00 for a diesel. It was pointed out in the discus sion that the diesel engine would require less maintenance ajid would last longer and that in view of the fact that the difference in price was $1,652.00 and that funds were available, it would be wiser to purchase the diesel. Motion by Coimcilman McElwee, seconded by Councilman Powers, RESOLVED, that the Town of Ithaca accept the bid of Cayuga Motors for the purchase of a diesel cab and chassis in the amount of $6,448 Unanimously carried. - 4 - September 13, 1971 There was some discussion of the fact that only one bid had been received. It was the consensus of the Board that in the future notices would be mailed out to bidders in Cortland, Trumansburg, Elmira, Auburn, and other appropriate places, in order to promote more competitive bids. ANNUAL CONFERENCE - HIGHWAY SUPERINTENDENTS COOPERSTOWN. NEW YORK - SEPTEMBER 22, 23> 24, 1971 Motion by Councilman McElwee; seconded by Supervisor Schwan, RESOLVED, that Town Highway Superintendent Marion Morey be author ized to attend the Highway Superintendents Annual Conference at Cooperstown, New York, on September 22, 23, and 24, 1971, expenses of same to be paid by the Town. Unanimously carried. BURLEIGH DRIVE There was some discussion of whether Burleigh Drive should be closed off in view of the various complaints in the area. Since the muni cipalities of the Village of Cayuga Heights and the Town of Lansing are involved in this matter. Supervisor Schwan said he would write a letter to the Planning Board recommending that they look into the matter, with copies of the letter to the Town of Lansing and the Village of Cayuga Heights. COMMUNICATIONS Supervisor Schwan read two letters — one from Frank Liguori, Com missioner of Planning, for the County Environmental Management Coun cil (dated August 19, 1971) requesting that the Town of Ithaca appoint a representative from the Town to this group; and the other from the Area Beautification Council of Tompkins County dated September 9, 1971 requesting the appointment of a representative from the Town of Ithaca to sit with this group. Both these letters were turned over to Mrs. Valentino for a recommendation from the Park Council. OLD ITHACA LAND COMPANY SUBDIVISION There was discussion of the Old Ithaca Land Company subdivision begun in the 1890's, comprising approximately 350 lots in the name of 30 or 4o owners between Kendall and Pennsylvania Avenues, behind Ithaca College off Coddington Road. Supervisor Schwan indicated that the Town would like to acquire rights-of-way to construct paved roads to serve these properties, with assessment to the land owners of an undetermined amount per foot. The matter was tabled temporarily so that the Town Attorney might have an opportunity to study the legali ties of the matter. APPROVAL OF WARRANTS Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the warrants dated September 13, 1971, in the follow ing amounts be paid: General Fund $ 65,063.16 » Highway Fund 193877*96 $ 84,941.12 PRELIMINARY BUDGET Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the Town Board of the Town of Ithaca, at its regular meeting on October 7, 1971 will consider its preliminary budget for the fiscal year 1972, and on that date prepare a formal resolution regarding a public hearing on its Preliminary Budget, and due notice thereof, to be held in November, 1971. Unanimously carried. f j ^ 77 - 5 - September 13, 1971 PUBLIC HEARING - TOWN OP ITHACA WATER IMPROVEMENT DISTRICT AND TOWN OP ITHACA SEWER IMPROVEMENT DISTRICT ASSESSMENT ROLLS AND APPORTIONMENTS (PRELIMINARY) Motion by Supervisor Schwanf seconded by Councilman McElwee, RESOLVED, WHEREAS the Town of Ithaca has prepared assessment rolls " ^ on the parcels of land included in the Town of Ithaca Water Improve- ment District and the Town of Ithaca Sewer Improvement District and y ^ has apportioned and assessed upon such parcels of land in propopxtiori' to the amount of benefits thd improvements shall confer upon the'salSe, the costs chargeable to the said districts in connection^with the c6n--v:r struction of public water and sanitary sewer systems, therein which ^ are payable in the year 1972, and, therefore, pursuant to Section 239 of the Town Law, the said Town Board will hold . Hearing there on at the Town Offices, 108 E, Green Sltreedij''llhaeaVHNew YorljZy.^on the 7th day of October, 3t971, at 5:30 p.m. for the Town of Ithaca Wate^;^-. Improvement District' and vat 5:45 .p.m. for the Town of Ithaca Sewer Improvement District, at which times it will consider any objections which may be made to said assessment rolls and apportionments. Unanimously carried. CERACCHE TELEVISION A" n ;;i•• i ^ .i.,...: Mrs. Carl Valentino reported .she w^s.^ calls indicating discrepancies Gnraeehe/s. TV cable servlea. charges. She requested that thq TO^'l^frd-do something about having; him post his rates as they w^^riis^kif.jLpthe reported that he l^ad talked^poVii^^ two weeks ago and advised him that tpe Town.^ard wouldj^ke == to to hj^,'about this matter and other mattersi- Councl^U5§n ^ said' they were trying to reach some basic agreements beforeSfr*.. eeracche^'appears before the Board formally. - He thought thqre^w^uld be a meeting with Mr. Ceracche the week after next. . n ^ ^ > Drit"' t V * ^ ' ADJOURNMENT The meeting was adjourned at 8:00 p.m. Edward L. Bergen Town Clerk