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