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HomeMy WebLinkAboutTB Minutes 1971-12-13TOWN OP ITHACA REGULAR BOARD MEETING DECEMBER 13, 1971 ;.• ;. n :: - -• ^v. 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. m - 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. n 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. 'X J. 97 - 3 -December 13, 1971 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. c> i:- 98 - 4 . -December 13, 1971 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. 100 - 6 - December 13, 1971 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. n Edward L. Bergen Town Clerk