HomeMy WebLinkAboutTB Minutes 1971-12-13TOWN OP ITHACA
REGULAR BOARD MEETING
DECEMBER 13, 1971
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At a regular meeting' of the Town- Board of the Town of Ithac6.> Totnp-
kins County, New YOfk> held at the Town Offices at 108 East Green
Street, Ithaca, New York, on the 13th day- of December, 1971, at^ 5:00
p.m., there were
PRESENT: Walter J. Schwan, Supervisor
Andrew W. McElwee, Councilman
Noel Desch,' Councilman •
Victor Del Ro^so, Councilman
Robert N. Powers, Couneilmah
ALSO PRESENT: James V. Buyoucos, Town Attorney
Peter K. Prancese, Planning Consultajit
David W. Cowan, Zoning Officer
Reynolds Metz, Assistant Zoning Officer
Marion Morey, Highway Superintendent
Mrs. Barbara Holcomb, Chairman, Planning Board
John C. Barney, Attorney -
Evan N. Monkemeyer
Herbert Monkemeyer
Norman Preeman, Attorney
Richard Thaler, Attorney
Sharon Staz , 117 East King Road
Mrs. Beverly Livesay
Arthur L. Berkey
Hugh (SamJ MacNeil, County Representative
Other residents of Town of Ithaca
Members of Radio, TV, and/Press
Supervisor Schwan called the meeting to order at 5:15 p.m.
APPROVAL OP MINUTES
f-j. A
Motion by Supervisor Schiwdn; seconded by Councilman Powers,
RESOLVED, that the minuted: of the meeting of November l8, 1971 be
approved as presented. -■
Unanimously carried.
EASTERN-HEIGHTS LIGHTING DISTRICT
Proof of posting and publica-fiion having been presented, the Public
Hearing with respect to the proposed Eastern Heights Lighting District
was opened at 5:30 p.m.
Supervisor Schwan explained that the area of the proposed EasternHeights Lighting District is composed of some 110 building lots.
Twenty-seven ornamental ligh-ts are contemplated at an annual costto the Town of $2,835.00, the lights to be supplied by the New York
State Electric & Gas Corporation. The wiring would be underground.
There might also be eight intersection lights, it being the policyof the Town to provide lights at the intersections of appi'oved Town
roads. The map of the area was presented with signatures of someeight homeowners in the area, all of whom preferred not to have theornamental lights. This cost per thousand of assessed valuation forthe proposed lights was jestimated at about $1.5^. Based on theaverage assessed -yaluation in., the area^ this would cost the homeowner between $25 and $30 a year. The eight homeowners opposed tothe lighting represent about 75^ of the affbeted homeowners in thearea since there are no homes as yet on most of the lots in the area.
After some further discussion and no persons ha-vlng appeared tospeak for or against the proposal, the matter was tabled until theJanuary 10, 1971 meeting of the Board, and the Public Hearing was
terminated at 5:40 p.m.
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- 2 •r.;,,;, December 13, 1971
Motion by Councilman McElwee-j eecbnded by Councilman Desch,
RESOLVED, that decision with respect to the formation of an Eastern
Heights Lighting District be postponed until the regular meeting of-
the Board on January 10, 19jg,3." . „ -
' ,.V tJnanimbusly carried.
II7TERSECTI0N LIGHTS
Motion by Councilman McElwee; seconded by Councilman pesch.n
RESOLVED, that the Town Board of the Town of Ithaca approve the instal
lation of intersection lights at the Corner of-Snyder Hill Road and
Sharlene Drive and the intersection of Woplf Lane and:Grove Road.
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Unanimously carried.
WALKWAYS - PROPOSED LOCAL LAW ' " . ^
The Board discussed a pfoppsed local law providing for the establish
ment of walkways for the passage of the youth who attend the Northeast
Elementary School arid the Junior High School. The Board felt it might
be best to write a comprehensive ordinance to cover all walkways in
the Town of Ithaca rather than Just for the .specific areas indicated.
The re-writing of such an ordinance or local law was turned over to
the Town Attorney.
SWIMMING POOLS
Supervisor Schwan indicated that this matter h'^ been discussed in
past years. He asked the Board if ,it was their feeling that the Town
Attorney ought to prepare something in the way of an ordinance. Since
the regulation of swimming pools could entail all manner of legal
problems and responsibilities, it was suggested that for the time
being the Town should'get samples of ordinances used by other towns
to regulate swimming pools. These could then be turned over to a .•]
committee for study. This committee would include the Town Planning
suggested by Councilman Powers that if the Town .of Ithaca did enact a swimming pool ordinance, as much ;of the regula^'
tion as possible ought to be a part of the overall Town Zoning Ordi
nance. Peter Prancese agreed that if it involves a structure it should
be in the Zoning Ordnance. He questioned, however, whether the Town
should have a swimming pool ordinance at all in viewop^ all the rami
fications which might be involved (regulation of ponds"; etc.) Mr.
Prancese felt this was a matter between the individual and his attorney
in the event of accident and possible litigation.
Inlet ifALLM cbhetery abs^ciation
discussed briefly since it had been dispussed previous- -
iv[o+ Board meeting on November 4. The Town Attorney suggestedthat the matter be tabled and that Mr, Albanese, attorney for^^the
Cemetery Association be advised that the Board is i.ookiug Into this ..
matter because of the many problems involved.
Motion by Councilman McElwee; seconded by Councilman Desch.
RESOLVED, that the Town Board of the Town of Ithaca feels that it is
not appropriate at this time that the Town Board become involved with,
assuming responsibility for the Inlet Valley Cemetery.Association
in the operation of the cemetery.
. ' Unanimously' carried.
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STIPULATION BETWEEN MOMKEMEYER AM) TOW OF ITHACA
Attorney John C. Barney distributed copies of proposed stipulation
between Herbert N, Monkemeyer, etal». and the Town of Ithaca with
respect to water and sewer assessments, levied on their prbpertv
(Parcel 42-1-13), Briefly, the stipulations are;
(1) The unpaid taxes for I971 will be paid^
(2) The assessments on the landS; as now assessed under
the dissolved water and sewer districts and under
"the new formula for assessing chetrges will not be
challenged.
'(3) The inter-f^ily transfers of property will be ignored.
This refers to the transfers made in the last three or
four months.
(4) The Town of Ithaca will pay the interest and penalties
•: on the assessment for 1971 which had been challenged.
^ complete copy of the stipulations is on file in the Town Offices.
.'Supervisor Schwan indicated that the law firm of Buyoucos & Barney
recommended that the Town accept the stipulations as presented.
After some further discussion — particulairly with reference to para
graph 10. of the stipulations, the Board was inclined to accept them.
Supervisor Schwan; seconded by Coiincilman Powers,
RESOLVED, that the Town of Ithaca accepts the stipulations as pre-
^ sented and: authorizes the Supervisor to ., eign same on behalf of the
Town of Ithaca.
Uhariimously carried.
MONKEMEYER PROPERTY RE-ZONING
The Town Board turned its attention to the re-zoning of the Monkemeyer
property from R-30 Residential to Multiple Residence (Parcel 43-2-8).
The matter had been tabled at the November 4, 1971 meeting of the
Board in order to give the Board an opportunity to look into the
matter of sj^face drainage in the area and its effect upon the prop
erties of Sharon Staz and others in the area.
piere was some discussion of the possibility 6f Mr. Moiikemeyer putting
^ line for the Staz property. Althbugh the Bdard, in general,reit this was a matter to be resolved between Mr, Monkemeyer and Miss
staz, Councioman Del Rosso felt that Mr. Monkemeyer had a moral re-
commit himself to this. Mr. Thaler, Attorney for
f V indicated that so far the parties, Staz and Monkemeyer,. hadnot been able to reach an agreement with respect to the installation
of a water line for Miss Staz. Mr. Monkemeyer felt that if any watei-
problems Miss Staz might have with her well could reasonably be ebn-
nected to his proposed project (in the future), then he would be
obligated to correct the fault. Councilman Powers also said he would
like to have Mr. Monkemeyer consider putting in a water pipe for the
j Staz property. The cost to put in a waiter pipe was estimated at about
1 $150.00 as against the possibly prohibitive cost to Miss Staz to pro
tect her property and well in the event that she should have to insti
tute a lawsuit.
It was the hope of the Board that the attorneys for the parties (Staz
^d Monkemeyer) could resolve this matter to the mutual satisfaction
Of all.
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After some further disx^ussion, the. followit^v^esolution was passed.
Motion by Coimcilman Descl^; seconded by Counc^Qjnan McElwee,
RESOLTED, that the Town Board of the Town of-althaea establish a • '
.'jAltiple Residence District on the property: of Evan iNi Monkemeyer to
consist of a multiple housing conqplex of not more than 111 units as
shown on the plans submitted by Wells & Koetter, Architects, dated
December 13, 1971, and filed with the Town of Ithaca, subject to the H
usual approval of the final site plan by the Town Planning Board and
the Town Board of the Town of Ithaca, and subject to:the following ' '
stipulations: • . , . ; ^
(1)^ That Evan W, Monkemeyer obtain approval of the Tompkins ^
County Highway Department and the New York State Department of Trans
portation with respect to curb cuts and drainage of surface and sub
surface waters,
(2) That the provision of buffer zone requirements be specifi
cally set forth on the final site plan, particularly with reference
to the parcels of Staz and Beatty, tax parcels.43-2-7 and 43-2-9
respectively.
(3) That if the Beatty property is not acquired by Evan N,
Monkemeyer, any.road shall be constructed at least 20-feet. distant
froin the Bea"^ty property line with appropriate buffer"^ones,
(4)^ That the roads in the project shall be at least 20 feet
distant in any location^ from the property line of adjbining owners*
AND FURTHER RESOLVED, that all the foregoing be subject to the
resolution for acceptance in final fdtmmeeting of the Board to be held on December 31; 1971, or atr'
the next regular meeting of the Town Board,
Unanimously carried,
FIRE COMTRACTS
There was discussion of the contract between the City of Ithaca and
• Ithaca*vi It was the feeling of the Board that the matterof the 90-day-cancem-ation ; clause in the current contract should be
looked into with a view to amending it to at least one year's notice.
It was agreed that Supervisor Schwan would write a letter to the
Common Council of the City of Ithaca to advise them that the Town
^ard of the Town of Ithaca has basically approved the contract but
that the Town would like to have the concurrence of the City in
amending the 90-day cancellation clause to a one-year rioticfe of can
cellation, ^ Supervisor Schwan was also asked to discuss with the City
the possibility of. a^^longer ternr contract in the future, and further,
that he should discuss- with the city the matter of the one-eiigine"
response and amend this provision so that the response will be suit;-
able based on the Judgment of the Fire Chief, The Supei-vi.sor was
further requested -to look into the insurance coverage of the City
with respect to equipment, and personnel and to What extent the City
looks to the Town of Ithaca;to reimburse them for any injuries to the
members of its Fire Department in the course of answering fire calls
in the Town of Ithaca^ i;?- •
.With respect to the Fire Contract with the Village of Oayugb Heists
the attorneys for the respective municipalities are working but a 0.^
contract. '•
TEMPORARY APPOINTMENT
Motion by Supervisor Schwan5 seconded by Councilman Desch,
RESOLVED, that Nancy M, Fuller of 316 Turner Place, Ithaca, New York,
be appointed Deputy Town Clerk on a temporary basis to assist with
the collection of taxes and the issuance of dog licenses for the
period beginning December 1, 19T1 through February 29^ 1972, at a
salary of $100,00 per week.
Unanimously carried.
~ 5 - December 13, 3.971
MAILim 1972 a?AX RTT.T..C!
^solved! that'thrTowrciek^bra^^^^ ''T Desch,the year 1972 on December l^-°rized to mall tax bills for
Unanimously carried,
^ AVEDJUE D4PR0VEMETO
slgn^'^rpetition forthriSrov^Lr^f'^r''^^"^ Campbell Avenue hadthe Town must now get an estimate of Campbell Avenue and that
road and an estimate of the cost of nrpnflv?« the map for the new
will follow up on this matter. paiing a deed. The Superi'-lsor
BOg^Lmi-ECTION OF WATET. .wp SEWER STIPnwAPov
su?charge^on°tht"wtter®bllls*that the"cit® ® choice of Including thely or printing our own bills rnnno-f i Ithaca sends out quarter-the City of Ithaca collect tAe su^hoi^^^ suggested that
billing and rebate the surcharee ?u regular quarterly
Schwan said such an arrangement woniH^^ to the Town. Supervisor
Ithaca would charge the T^wn ?r^». depend on what the City offouo. up 0„ thl.®LSe%*:Sp'S.mro?Jlh.cS" ""1
pWLER PROPERTY - 1512 ST.ATTn,.rrTr.
ment over his^roperty^so that^th^^o^?"' ? refusal to allow an ease-to their property on 1512 service
look into the matter further Schwan will
gas lines are, and discuss th*a area showing where the
' meeting. ' ^ aiscuss the matter again at the next reiular Board
REPORTS
Peter Prancese reported bripf*it* r\r\ /i\ »
Planning Department with resneet fn Tompkins CountyEllis Hollow Road inter^cllon- ^P?
the Hilker property: and C^) thp water tank on
worth development. Mobil Oil gas station on the Kennil-
P&C Pood Market^^Judd^Palls\^d^an^ received from
to erect a sign on the front n-p -hv^ Ellis Hollow Roads (Kennilworth)(400 square fSt)? h| saif decision 50 square feei
ordinance of the Town of Tthflna fa « been delayed until the newSr„t.4 to Ofot rS!.S,f
APPROVAL OP WARRANTS
^ werffS^f .^y the members of the Board, all
City School District in ^ I ^ billing from the Ithaca
and Sewer Division of t^o n $157.50 and one from the Water_ Khacrin ?hI^I^oSn? Of the City ofn on these for pSL fdfuiliSt. S^^wan will follow up
RKOLVEn^ SchWMj Seconded by Councilman Desch,R^OLV^, that the warrants dated December 13. 1Q71 with thp <avn»n
S5°p2uf' «>• '<.iiSii5|'JISi."S''4Jro?S*''
Unanimously carried.
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RE-APPORTIOMENT - COUNTY OF TOMPKINS
Hugh (Sam) MacNeil, County Representative, discussed briefly with
the Board re-apportionment problems. He stated that the big issue
is how to draw the municipal boundaries and on what basis do you
dravj them.
ADJOURMENT
The meeting was adjourned at 8:30 p.m.
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Edward L. Bergen
Town Clerk