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HomeMy WebLinkAboutTB Minutes 1972-09-18r TOWN OP ITHACA REGULAR BOARD MEETING September 18, 1972 1 At a Regular Meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town of Ithaca Offices at lOB East Green Street, Ithaca, New York, on the l8th day of September, 1972, at 5:00 p.m., there were i PRESENT: Walter J* Schwan,iSupervisor Andrew W. McElwee, Councilman Noel Desch, Councilman Victor Del Rosso, Councilman Robert N. Powers, Councilman ; i , ^ I ALSO PRESENT: Peter K, Prancesei' Planning Consultant Mrs. Barbara Holcomb, Chairman, Planning Board Hugh (Sam) MacNeil, County Representative Marion Morey, Highway Superintendent James Dunlap, Lozier Engineers, Inc. Robert Butler, Lozier Engineers, Inc. Reynolds Metz, Assistant Zoning Officer Arthur L. Berkey, Christopher Circle Members of Radio, TV, and Press Supervisor Schwan called the meeting to order at 5:20 p.m. The Supervisor thanked all office staff for the fine cooperation in gathering and organizing material for use at the hearing on the Bolton Point water source, with a special vote of thanks to Town Attorney Buyoucos for his excellent handling of the hearing. APPROVAL OF MINUTES Motion by Supervisor Schwanr seconded by Councilman Desch, RESOLVED, that the minutes of August 7^ 1972 be approved, with the cor.rection on page 9 of "Gross Associates to "Groff Associates" (in thr»ee places), and on page 6 the correction of "warranted" to "warrants. Unanimously carried. REPORT BY PLANNING CONSULTANT Mr. Prancese reported that he had been writing a gravel ordinance and tha.t the Planning Board has seen it and generally approves of it. He reported that he had prepared specifics with regard to Coy Glen graavel operation as well. A copy of the proposed ordinance will be available to the Board in about a couple of months, BtEPORT OP ASSISTANT ZONING OFFICER Reynolds Metz, Assistant Zoning Officer, reported that he and Mr, Cowan, Zoning Officer, are making periodic inspections of the removal of sub-soil from Dr. R. Weiner's land at 335 Bostwick Road (32-2-d) to check on compliance with conditions as specified by Zoning Board of Appeals on August 30, 1972, namely, top soil has been piled to be replaced after removal of subsoil; excavation down to level of road; and dirt and stones are removed from highway, AUTHORIZATION TO ATTEND STATE PLANNING AND ZONING MEETING Mrs, Barbara Holcomb requested authorization to attend the State Planning and Zoning meeting scheduled for October at Monticello, N. Y. Motion by Councilman McElwee; seconded by Supervisor Schwan, RESOLVED, that Mrs, Barbara Holcomb, Chairman, Planning Board, be authorized to attend the Annual Pall Institute of New York Plannxng Federation on Housing and the Environment at Kutsher's, Monticello, New York, on October 15j and 17, 1972. Unanimously carried. n n - 2 - September l8, 1972 REPORT OF CHAIRMftW. OF PpNMING BOAKj) Mrs. Holcomb reported that the Countyihas published a series of pub- under a Federal grant. T?hey| are not published in quantity.She had one such publicatibn in han^i ofc housing. It is literally ? byerything inithe County, with statisticaltables. There are other publications dn the general economy of the coimtyj on land use, on soilL iconditioh^i oft ardas of gravel: on man- nrrfni All thesd ^ublicatijons are in thd County Planning X Councilman McEJ.Wee suggested, thdt we ought to have a set of K !?U M^si| 6o]!coiiib suggested that we couldarrange to buy them or get a »rdiirint Ih which case we would pay our snare for a set* County I^epreddritAtive MaclJeil thought he could get a set for the Town. n < : that ithdrd ii^i, a Sign at the entrance of North-view Road Which Says "Cautifjn - at Play". It is so badly difficult to tell whpt it says. Mrs. Holcomb said the wantbd this callbd to the Board's attention. Inspite of Mr. Morey's rdinark that the State has requested that we do not put up such signs, the Bdard felt that Mr. Mordy ought to go ahead and put up a new Sign. ^ © Mrs. Holcomb reported that it appears we will have some additional problems with Eastern Heights. She has had comments from people on 2?^ that Eastern Heights is resurveying lot lines and aremaking some houses illegal under our Zoning Ordinance because the side lot line requirements are not met. She said they are moving stakes as much as 11 feet on frontages. It is a legal problem to be resolved between the property owner and Eastern Heights, Inc. When this is resolved we will have to go and find out which houses become Illegal under our Zoning Ordinance and possibly grant them a variance. REPORT By HIGHWAY SUPERINTENDENT Morey, Highway Superintendent, reported on three items of flood damage in the Town of Ithaca, as follows; 1. Stream Clearance - East Shore Drive .... $ 1,784.00 2. Replacement of washed out road Sandbank Road 3,109.00 3. Loss of embankment - Stone Quarry Road . 1,769,00 Sandbank Road and the Stone Quarry Road are about9^ completed at this time. The work on stream clearance on East Shore Drive will be let to a contractor. The amounts listed may be reimbursed to the Town by the Federal government. ADVERTISEMENT FOR BIDS - NEW DUMP TRUCK AND MATTER OF REPLACEMENT OF HIGHWAY DEPARTMENT CAR Mr. Morey reported that he would like to replace the No. 2 Brockway. He further reported that the Highway Department automobile (1966) had been damaged in a collision and he would like to replace it. Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Highway Superintendent prepare specifications for a new dump truck and advertise for bids for same, and further that he be authorized to purchase a used automobile as a Town Highway Department car. Unanimously carried. BLIND INTERSECTIONS Councilman McElwee broached the subject of blind intersections in the Town of Ithaca. Some areas of difficulty were discussed: Judd Falls Road, Forest Home Drive, It was noted that some of these are on County roads and some on private property where the Town has no juris diction. Mr. Morey said he would discuss the ones on County roads with Howard Stevenson, County Highway Superintendent. There was some - 3 - September l8, 1972 question about whether there is any legislation which permits a town to do anything about obstructions on private property which creat a blind intersection. Highway SupCrihtendent Mbrey thought that the Village of Cayuga Heights had an ordinance in that regard. Mr. Fran- cese^ Planning Consultant^ felt that the Town might write an amendment to the Zoning Ordinance. He said sometimes people do some of these things to insure privacy, tt is possible to approach these people in dividually and suggest something to them or write a letter. Otherwise, it may be necessary to pass a local law regulating them. This discus sion lead to no specific action at this time. HIGHWAY DEPARTMEI^T lITVENTOHt Highway Superintendent Morey pi'eSented to the Board the Inventory of Highway Machinery, Tools arid Equipment, in accordance with Highway Law, Section 142(3), inventory dated September 18, 1972. Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the inventory of Highway Machinery, Tools and Equipment, as presented by the Town Hi^way Superintendent in accordance with Highway Law, Section l42(3), be accepted. Unanimously carried. Councilman Del Rosso suggested that it would be a good idea to list on the inventory list the year of purchase. BOAHDMAN HOUSE County Representative Hugh (Sam) MacNeil broached the matter of the Boardman House and asked if the Town Board would give an expression of opinion as to its disposition. After some discussion, the Board felt that although they might, as individuals, give an expression of opinion they did not feel that the Town Board could be committed one wa;^ or the other. Supervisor Schwan felt that some priorities with ragard to historic buildings had to be established as well as the e'conomics of the matter. AMENDMENT TO SEWER ORDINANCE Proof of posting and publication having been presented. Supervisor Schwan opened the public hearing on the proposed amendment to the Sewer Surcharge Ordinance. Arthur L. Berkey asked what was the current method of assessing properties not attached to the sewer. Supervisor Schwan indicated that when a property is not hooked to water but has sewer the minimum charge will be $1.00. No other persons wished to be heard. Motion by Councilman Desch; seconded by Supervisor Schwan, RESOLVED, that Sewer Surcharge Ordinance of the Town of Ithaca adopted On July 10, 1972 after a public hearing on that date, is hereby amended as follows: Schedule A (2) (b) (1) is amended by adding another Para graph (2) thereunder, as follows: "(2) In making an equitable deter mination as to the amount of the sewer surcharge in those cases where the property is not connected to water, the Town Board or the Town Supervisor or such other person to whom this function is delegated shall be guided by such standards as may be established from time to time by the Town Board by resolution, regulation, law or ordinance. Unanimously carried. REQUEST FOR APPROVAL OF ROADS IN EASTERN HEIGHTS Councilman Desch submitted a list of recommended drainage improvements in the Eastern Heists Subdivision as follows: - 5 - September l8, 1972 noted that a public hearing was not required in this matter. Mr. under time pressure. They want to of tL ® Immediately. He urged immediate passageof the resolutions. Supervisor Schwan said the Board will reconvene tois ^roieo? suggested that the Board defer ^^0^0^^ 2? ""^^1 Town Attorney Buyoucos has an opportunity to study ^ oov B "2 recommendations to the Board. Mr. SchwanI it Associates would have any obj^kon tfadding a sentence that the Town is in no way limited in its right to water and sewer benefit charges nor would Groff Associates be th2 It paying them. This should be Included In the longer of waf no specifics. Mr. Boynton said thereabevaLe urt+^i' a"^^Jng such a sentence. The matter was held inaoeyance until the meeting on September 25, 1972, WATER BENEHT REFUUD requested that the Town Board consider a Parcel 56-3-14 based on the fact that a New York State 2 2® easement ran through his land» It was calculated that u would reduce Mr. Poote's unit charge by 0.4 units, andMr. Popte, therefore, was entitled to a refund of $9.20. pw«o?2n?S^ °®sch; seconded by Councilman Del Rosso,RESOLVp, that a refund in the amoung of $9.20 be made to Mr. Charles A. Poote on Parcel 56-3-14, Unanimously carried. UPDATING OF EASEMENTS (New York State Electric & Gas Corp.) seconded by Councilman Del Rosso, V V S? suggest to the Right of Way Department I York State Electric & Gas Corporation that they bring all - Jv!f m across Town of Ithaca properties up to date and thatthe Tompkins County Assessment Division make a concerted effort to update the tax maps to show all easements so that, when necessary, refunds may be made to property owners in the Town of Ithaca. Unanimously carried. ACCEPTANCE OF NORTHVIEW RQAD^ WEST Schwan; seconded by Councilman Powers, RESOLvCT, that the Town Board of the Town of Ithaca accept Northview Road, West, as a Town Road. Unanimously carried. pote; The Deed from Henry E. Hilker and Willis S. Hilker to the Town of Ithaca was submited to the Tompkins County Clerk's Office on October 5^ 1972 for recording.) PERSONS TO BE HEARD: ARTHUR L. BERKEY Mr. Berkey presented a list of prepared questions, as follows: 1. What has the Town Board done in terms of the decision to refund $22.99 "to Mrs. Ellen Armstrong for her property on Maple Avenue? Mr. Berkey was advised that the Town Board felt that the refund was justified and the refund has been made. 2. What action has the Town Board taken with regard to the refund requested by Mr. Charles Poote? It was noted that this question was answered in an earlier part of the meeting when the Board granted Mr. Poote's request. - 4 - September l8, 1972 "Eastern Heights Subdivision ^ jPralnage Improvements 1. Route the Tudor Road ditch drkinage into a new pipe running through the park and connecting to the stream bed approximately 350 feet from Park Lane, The water from a small section of Park Lane, and a section of Shfeirlene Road will be picked up by this Q system in addition to Tudor iRoad. Check dams are being installed now in the north Side of Eastern Heights Drive, 2. Install check dams at the following locations: a, Tudor Road entire length on north side and lower half of south side, bfc Landmark Drive - both sides, c, Joanne Drive - east side. All of these dheck dams must be done before November '15, 3. Excavate the ditch on the John Marion property from a point opposite the line of Eastern Heights Drive extended, 4. No building permits in Section 2 in the Nancy Street, Kings Lane, and Skyvue Road section until a drainage plan is submitted, * ^ approved, and easements through the Prandsen property are avail able and both the drainage and road base are in place and approved, 5. No acceptance of Skyvue Road north of the intersection of Eastern Heights Drive nor acceptance of Ea-stern Heights Drive from Shar- lene to Skyvue Road," , This matter was tabled until September 25, 1972 at which time the Board will reconvene, APPOINTMENT OF DOG ENUMERATOR Motion by Councilman Desch; seconded by Supervisor Schwan, RESOLVED, that Mrs, June Miles, 1115 Danby Road, be appointed Dog Enumerator for the Town of Ithaca for 1973. Unanimously carried, GROFF ASSOCIATES - HOUSING FOR THE ELDERLY Ben Boynton, representing Groff Associates, presented two proposed resolutions concerning housing for the elderly at a site on the Ellis Hollow Road. One resolution is a general resolution stating that the Town, if it wishes to participate in any type of FHA pro jects may pass. The second resolution relates to the specific pro ject on Ellis Hollow Road and gives the metes and bounds of the par cel on which these low income units would be built and also gives other specifics with regard to the project. The proposals, in sum mary, indicate that Groff Associates need the permission of the Town of Ithaca to establish a rent stabilized area in the Town and also tax stabilization which would be in the amount of $20,000 a year, ^ which amount would be apportioned between the Town of Ithaca, the j ] County of Tompkins, and the Ithaca School District, based on the various tax percentages as they exist today in these entities, Mr, Boynton was asked if he had talked to the School District and the County about this. He said he had and that the HUD office had asked him to come to the Town Board of the Town of Ithaca first, Mr, Boynton said Groff Associates are locked in on the rentals for the term of the mortgage (4o years) and they are requesting tax stabili zation for the same period. Supervisor Schwan noted that the Town's share of the $20,000 would be about or, roughly, $1,600, This does not include the $73,00 benefit assessment for water and sewer, Coiancilman Desch felt that this was one, among other things, that o*ught to be included in the longer of the two resolutions. It was " 6 - September l8, 1972 3« ^at k:|.nd of policy does the Town have with regard to including information in the minutes of the Board meetings with regard to such refunds? Supervisor Schwan advised Mr. Berkey that all such refunds are granted or denied by resolution and such resolutions appear in the minutes, 4. BoIton Point: a. Overall cost? Mr. Berkey noted a difference in the figures mentioned in the application of the four municipalities and the figure mentioned in the engineer's report. Mr. Schwan stated that the figure in the application was Selected on the high side and that the figure in the engineer's report ($6,700,000) is the actual estimate, which includes all contingencies, including rock, b. Method of assigning cost? In this regard. Supervisor Schwan said it was his feeling that there are several steps to take. The first step is to get permission from the State of New York to go to Bolton Point, Without that permission everything is academic. The next step is a public hearing at which a full explanation of all the costs to be borne will be brought out, c. Extent and type of cooperation with the City of j Ithaca in the project? To what extent is the City going to hook into the proposed system? Mr. Schwan pointed out that the Town Board has been trying very hard to cooperate with the City of Ithaca in the Bolton Point project. The option is still open and will continue to be open to the City of Ithaca to join with the other four municipalities in the larger Bolton Point source for the transmission of water. Mr. Berkey asked if the over-all cost of $6,700,000 included any direct lines to the City of Ithaca, Supervisor Schwan said it did not, Mr. Berkey said if it was built as proposed now there would be no direct lines to the City, no way the City of Ithaca could get water from Bolton Point. Supervisor Schwan said that was not true; that connections could be made to the City system, among other ways, by way of the Sheldon Road standpipe which is beside a City owned facili ty. Mr. Berkey said the plan has then a direct physical connection such that a valve may be turned on if the political agreements are made. Councilman Powers said that the plan is primarily and specifi cally designed to process water for the four municipalities involved. Supervisor Schwan said it was difficult to completely answer Mr. Berkey's question at this time because basically a lot depends on ^ relations between the City of Ithaca and the four municipalities. d. What information, if any, has the Town Board furnished to the public? Supervisor Schwan said much has been publicized in the papers and on the radio and, as indicated, earlier, any further dissemination of information at this time makes no sense unless and until the Town has the approval of the State to go to Bolton Point. Mr, Berkey remarked that various cost figures had appeared in the paper which he said were inaccurate and he hoped that the Town Board would make a real effort to get the correct figures published in the paper. - 7 - September l8, 1972 Mr, Berkey asked what the Board*s policy is in regard to Information to the public about special and adjourned Town Board meetings. Mr. Schwan stated that the information for regular meetings is sent to the newspaper and radio stations and that they publish or announce what they feel is significant. Mr. Berkey was concerned that the public is not receivingjsufficient information about these adjourned M and special meetings. Let these minutes show that the Town Board ! has taken note of Mr. Berkey*s concern in this regard and that in _ the future the Town Clerk will take si)ecial pains to see that agendas of special and adjourned meetings, as well regular meetings, be sent to the media and also be posted on the bulletin board in the Town office. n j i . Mr, Berkey asked what is a public document? No clear answer to this question was had, but Supervisor SdHwan said that any document of the Town of Ithaca is available to him* Mr. Berkey complained that he had requested as early as August 31, 1972 a copy of the Lozier en gineer's report on the Boltph'Bpint.water source and was not able to secure a copy until on the diky of the hearing he was furnished with one-half of the,report and later the other half^ Supervisor Schwan explained that in this case the engineer's report was not available because three copies were distributed to each of the other munici palities. That six extra copies were received six days before the hearing. There were four copies supplied to four attorneys; four copies were needed by professors at Cornell University who helped us in^preparing for the hearing. All of this resulted in a copy not being available in the Town office. Mr. Berkey still felt he should have had reasonable access to a copy. Mr. Schwan conceded that the number of copies heeded had been underestimated. Status of Forest Home sewer proposal (study was to be available on July 1)? Supervisor Schwan indicated that the engineers from Lozier Engineers, Inc. were present at this meeting and would make a presentation later in the meeting. 6. Present status of the rezoning of the Beacon Hills project — has it been rezoned from R-30 to R-15. This area has not been rezoned. The Town Board is awaiting a drainage plan from the developers before making a determination. aktnual magistrates meeting M'otion by Councilman McElwee; seconded by Supervisor Schwan, R.'ESOLVED, that the two Town Justices of the Town of Ithaca are Authorized to attend the Annual Magistrates Meeting at Coshocton, New York, on September 24, 1972. Unanimously carried. APPROVAL OF WARRANTS Motion by Councilman Desch; seconded by Supervisor Schwan, tmm RESOLVED, that the Warrants dated September l8, 1972, in the follow- j ing amounts, be approved. I ^ General Fund $ 61,424.66 Highway Fund $ 9,935-35 Unanimously carried, OTIS DREW - APPROVAL OF ROAD Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the Town of Ithaca accepts the continuation of 1,400 feet of Drew Road and 3,100 feet of Vera Drive as Town roads, con tingent upon approval of the deed and abstract by the Town Attorney. Unanimously carried. ^0^ - 8 - September l8, 1972 FOREST HOME SEITO REPORT Lozier Engineers presented to the Board maps and plans and prelimi nary estimate of the cost of the Forest Home sewers* Supervisor Schwan explained that this report was not available as early as hoped because of the pre-occupation with the recent floods in Elmira Bolton Point water supply hearings, etc. Mr. Schwan Indicated that there is still much detail work which must be done in regard to the proposed Forest Home sewer system. Cornell University has requested that certain additional things be done. No real prob lems are anticipated, however. The total estimated project cost as presented by the engineers is $425,000, envisioning 100 units. Fur ther consideration of this matter was deferred until further detail and specifics are available. adjournment The meeting was adjdurned at 7:45 p.m. until September 25, 1972 at 7:30 p.m. Edward L. Bergen Town Clerk r