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HomeMy WebLinkAboutTB Minutes 1972-10-09n n TOWN OP ITHACA BOARD MEETING At a regular meeting of the Town Board of the Town of Ithaca, Tompklns County, New York, held at the Town Offices at 108 East Green Street, Ithaca, New York, on the 9th day of October, 1972, at 5:00 p^m., there were: PRESENT: Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman j Noel Desch, Councilman Victor Del Rosso, Councilman Robert N# Powers^ Councilman ALSO PRESENT: James V; JBuyoucos, Town Attorney Peter fe, Francese, Planning Consultant Mrdi Barbara Holcomb, Chairman, Planning Board Marion Morey, Highway Superintendent DaVld Gersh, Attorney Paul Erdman (Beacon Hills Developer) Stewart Nnowlton, Limited Partner, Orbff Associates Ben toyhton^ Groff Associates Robert Cfroff, Attorney, Groff Associates Wilbur i?rammell. Project Attorney, Groff Associates Mike Gatton, Architect, Gro${ Associates Robert Cutia, Youth Bureau ' rloiikld Slattery Mrs4 Catherine Valentino Vincent Franciamone Arthur L* Berkey Robert Creel Sharon Staz Members of Radio, TV, and Press Supervisor Schwan called the meeting to order at'5:15 p.m. APPROVAL OF MINUTES Motion by Councilmaji Desch; seconded by Supervisor Schwan, RESOLVED, that the minutes of the meetings of August l4 and Aiigust 28, 1972 be approved. unanimously carried. EASTERN HEIGHTS ROADS The Town Board deferred the acceptance of roads in the Eastern Heists Subdivision (Snyder Hill Road down Skyvue to Eastern Heights Drive and Eastern Heights Drive to Chariene Road) until these roads are re-surfaced to the satisfaction of the Town Hi^way Superintendent. BEACON HILLS - REZONING Paul Erdman, Beacon Hills Developer, presented to the Board a map of existing drainage in the site area and what plans they had for future drainage. Beacon Hills will pay for any additional pipe required by the drainage plan, and the County will assist with the laying of the pipe. Mr. Hornbrook was concerned about the possible effect of the Beacon Hills project on drainage with respect to his property. Mr. Erdman felt that no extra water would threaten Mr. Hornbrook's land as a result of the Beacon Hills project. Mr. Robert Creel was concerned that this development would create additional traffic on Ridgecrest Road. The Town Board did not feel that in the normal course of events very much additional traffic would be created on Ridgecrest Road. Mr. Creel requested that there n - 2 - October 9, 1972 be no entrance to Beacon Hills at the north end of Ridgecrest Road. He suggested they might get along with two entrances rather than three. He was concerned that this is a family residential area whose char acter would be changed by the Beacon Hills development, and he hoped the third entrance could be moved down the road a bit. Mr. Erdman contended that traffic would be slower rather than faster and, further, at some future date the traffic could be signalized* The Board did not feel that moving the entrance right or left would have any appreci able effect on the traffic on Ridgecrest Road. Travelling on Ridge crest Road, it was noted, was not the logical way to go south. Supervisor Schwan read letter from Mr. Vincent R. Pranciamone, dated October 9^ 1972, ks follows: "Town Board Re: Planning Board's Town of Ithaca recommendation to the Town 108 E. Oreen St. Board for the purpose of Ithaca, N. Y. re-zoning lands owned by "Schuylkill Investors" Gentlemen: The Planning Board^s minutes diated August 1, 1972 recommends approval of the development to the Town Board without supporting evidence that there is a need for such a developnjent, furthermore it has not considered the effect it would have oh the neighborhood. Let it be recorded in the minutes that I have appeared by letter and in person at this meeting and that I am opposed to this rezoning for the following reasons: 1. Rezoning will interfere with the proper use and enjoy ment of neighbors homes and will tend to depreciate the value of such homes in the entire neighborhood. 2. It will be detrimental to the safety and general welfare of property owners. 3# The development will be adjoining my land and other property owners. Therefore, myself and other taxpayers will suffer irreparable damage. This element will give grounds to successfully challenge the final action of the Board in a law suit to which the Town would be a party. A research of the Syracuse Law Review supports this. Signed, Vincent R. Pranciamone " The letter was turned over to the Town Clerk for filing in the Town records. There was some discussion about whether the golf course would be open to outsiders qr only reserved to the residents of Beacon Hills. The Board stipulated that one of the conditions, in the event this land is rezoned, would be that memberships would not be sold to out siders, The golf course would be for the use of the residents of Beacon Hills only. Upon questioning, Mr. Erdman indicated that the first 220 units would be rentals, as indicated in the Planning Board resolution. After that some would be sold and some rented, Mr. Prancese, Planning Consultant, commented that the Beacon Hills project would not affect the value of adjcilsning properties any more than any other R-15. He said it would more likely increase the value, Al*l- - 3 - October 9, 1972 Town Attorney Buyoucbs sa.ld thet if* the Town Board should recommend favorably on this project it should make some determination with respect to need, possible hurt or damage to adjoining properties, drainage, egress and ingress to public highways* Mr, Prancese said that need is not necessarily a criteria for acceptance of a project; that it is assumed the developers have made sufficient market studiesto determine that there is a need. What is relevant is possible j i detriment to the surrounding properties or detriment to the Town as ! 1 a whole. Mr, Francese felt this rezoning to be in harmony with the general plan of the Town* Councilman Powers noted that what the Board is looking into iat this time is isimply amending the ordinance to permit some kind of R-*15i' in this case cluster. After that the Planning Board and the Town, Board looks at this particular subdivision. There was some uncertainty that this was exactly the case and there was some discussion as to whether the rezoning carried with it any approval of the particular plfen pr^sented^ Councilman Powers said feeling as a resi^lt qf ,thb discussion that the Town Board might be approving "carte blAnche" ]plot plans, and much else. Attorney Gersh noted that Beacon, Hills cannot put up a single structure with out coming back to the Bokrd and: that they are tied to the site plan as finally adopted^ Mrs; Holcomb said that if indeed this is rezoned R-15 on the basis of this site plAn, before anything else happens, the developer comps back to the Planning Board with a design for each of the clusters, but on the site plan as it is lined uji, and within this is the number of buildings, architectural plans, etc. which must be approved before a building permit is issued. Councilman Desch said a condition must be included which will cover the drainage pattern which affects adjacent property to the and west; the drainage that goes to this parcel will have to be sized to handle similar type of growth, R-15, to the west. ■pIM] I Mr• Gersh assured the Town Board that it was not relinc^uising anycontrol over this project. He said ultimately the Planning Boardwill be making the final determination. The approval of this rezoningwould not in any sense be a giving up of any prerogratives that theTown Board or the Planning Board have and have always had. Mr. Erdmansaid it merely gives the developers the option to go aJiead and design. There was a question by Miss Staz and Mr. Creel whether Beacon Hills could not be developed under R-30. Miss Staz said she had heard thatdevelopment under R-30 would increase the developer*s costs and de crease his units. She felt this indicated that the Board was con cerned about cost to the developer. She felt this was inconsistentwith some things said about there being no concern with need. Supervisor Schwan said that planners all over the country are complainingabout the waste of our greatest natural resource, which is land.They are concerned about zoning ordinances which are too restrictive.Further, under R-30 there are more things the Town has to assume theresponsibility for. Developers* costs have been increased by suchthings as the Public Service Commission recent ruling that all wiringin subdivisions of four or more units must go underground. Shouldthis land continue to be zoned R-30 there will come a point where the • cost to the developer is pushed so high he cannot afford to build or sell houses. Town Attorney Buyoucos said we do have to consider whether this proposed rezoning is something that is in harmony with the general pat tern in the County, Should the Town become too restrictive in its zoning to the point of making it uneconomical or unfeasible to developthe land, it might well be subject to lawsuit. Mr. Buyoucos said itbecomes a matter of balance. The Board is taking into account many protective measures for the area in restricting this to an R-15 cluster.Zoning ordinances throughout the United States are seriously being re-examined. He said that, quite properly, they should not be an instrument for driving many people from the use of the land. »4V - - 'i RJ^SOLTJTION CONCERNING HOUSING PGR ELDERLY F.H.A. PROJECT NO, 013-^44031 LDC ELLIS HOLLOW ROAD^ TOWN OF ITHACA ' 'Tai' WHEREAS, GROFF ASSOCIATES^ (herein also referred to as | ! the "Applicant"), have agreed to develop on a limited profit j basis a housing, project for elderly persons of low Income ' (herein referred to also as the "Project") on a plot of land ' i located adjacent to Ellis Hollow Road in the Town of Ithaca, ' Tompkins County, State of New York, where no adequate housing | exists for such persons, which project is to be aided by a mortgage insured by the Secretary of Housing and Urban Develop ment and augmented by a program of rent supplements authorized | by the Housing and Urban Development Act of 19^5^ or a mortgage i ! { insured by the Secretary of Housing and Urban Development assis- | Ited pursuant to Section 236 of Title II of the National Housing | Act, or a mortgage loan made the Secretary of Housing and j Urban Development pursuant to Section 202 of the Housing Act of | I 1959, and any Federal laws amendatory or supplemental thereto, ! and j . I i WHEREAS, GROFF ASSOCIATES is a limited partnership formed j 1 \ pursuant to Article V of the Private Housing Finance Law of the j ! State of New York and have irrevocably dedicated their talents j to providing such housing accommodations a.nd other related j facilities on a limited profit basis, and WHEREAS, GROFF ASSOCIATES, in accordance with the law herein referred to, have undertaken the planning and intend to pursue building a housing project for the elderly contajning approximately 100 units on the following described parcel of land: ALL THAT TRACT OR PARCEL OF LAND, situate in the TOWN OF ITHACA, COUNTY OP TOMPKINS and STATE OF NEW YORK, bounded and described as follows: — —- J - the limited purposes for which it was organized thereunder^ ' namely, to provide housing for elderly persons of low income, n and I WHEREAS, GROFF ASSOCIATES have petitioned this taxing ' ! authority to grant the tax relief as herein described, and WHEREAS, the Town of Ithaca, pursuant to the provisions 'i " t n of Article V of the PRIVATE HOUSING FINANCE LAW of the State ' ; ! ' of New York has the power and authority to grant the relief h' herein being sought, ; ;n NOW, THEREFORE, BE IT RESOLVED, '■ , 1 That the said real property shall be exempt from the II payment of ail local taxes levied by the Town of Ithaca (herein I ^ ' ji referred to as the Town), the-~geHf^ty of Tomrkin&. fherei j| t.n aa thQ ,f\p d t.he ■ Gi-ty I M Ii| real property, but not j |! including assessments for local improvements, and subject to il ' Ii| the following conditions and provisions: i!! !11 1, GROFF ASSOCIATES will pay to the Town of Ithaca, in i i I! 1Ij lieu of all such taxes assessible against the above-described Il real property, except assessments for local improvements, the ■i /j. Xi! sum of TWENTY THOUSAND DOLLARS /$20,000.00) annually^ f ^ 'Ydoi ^*7 (C 5''JS S-av ^2, The tax period for^the first payment in lieu of taxes o Ishall begin on the day and date of the following events, which-iIever is the earlier: (i) the date on which a certificate of 1^ A occupancy or compliance has been issued by the duly authorized officer of the Town certifying that the project complies with all applicable laws, codes, ordinances, rules and regulations jj applicable to the use and improvement of real property in the H (■Town of Ithaca and the construction of housing thereon, including. ;! vjithout limitation, the zoning laws and ordinances of the Town, . 1 - 4 - ; or (ii) the-date on which the first of the units in said project are leased to a person for occupancyj subject^ further, to the I following: A, Until such date the nremises shall be subject to i ; the payment of taxes in the same manner as other real property | I in the Town of Ithaca which are required to pay such taxes. : B. On such date, the applicant shall pay a pro-rata amount of the annual payment of $20,000»00, pro-rated for that portion > of the calendar year remaining at that time. :i C. Thereafter, such annual payment shall be due and ! I I payable at the same time and upon the same terms, conditions, interest and penalties as are imposed upon all County and Town | II taxes payable in the month of January each year, beginning with ll ' ' 'I the first January following the date on which the first pro-rated | il annual payment was made as provided for in paragraph A, above; | il . iji the obligation to make such payment shall be deemed to be a lien | i I 11 on the applicant's real property and the remedies available to i ' t I M the Town of Ithaca for the collection of such payment, and the i '! ' ' ij foreclosure of such lien, or other enforcement of said lien or | M t I '' obligation shall be governed by and in the same manner as provided! ;! by the Real Property Tax Law of the State of New York or any i I other applicable law governing the collection and payment of M I such taxes and the remedies granted to the Town in the event of I the non-payment or late payment of such taxes, i D, The exemption granted hereunder and the payment made !| in lieu of such taxes shall continue for the life of the mortgate ;• or so long as the Federal Housing Administration insurance is in i n i effect and so long as the company continues to operate as a|i ij limited profit organization pursuant to the provisions of said 1 Article V and for the limited purpose for which it was organized. I t I; thereunder, namely to provide housing for elderly persons of low hncome. L4 (U h, J j!|Y '' V- : 1 ! ^ k(A. j - 5 - <:? // . Eo The project must comply in all respects ^ith apa^ d $ I Ot>\^ Pi^iL/iX.f^ Wo«j5K» fT'i mu:? m cc* /-. _i»„ «•» ••T»%4-'4/^v\r» Ck T4/>Q'Kl£a 4-rNlaif^s, ordinances, codes, rules, and regulations applicable to . nthe use of real-property and the construction of buildings and^. /| U^'"' other improvements thereon including, without limiting tb^— generality of the foregoing, the building codes , and zoning laws£l^f>''^ ec/'iVet^ ^ CS^ * i^J ^ 3 j "^4^ T4-vrS~?»t»-^ o»^(4 4-Vi4 c v»ac!i^ 1 r*n V»Q <5and ordinandes o^^ of Ithac^and this resolution has been adopted specifically on the representation of the applicant i that it is subject to the operation of such laws and to its agreement that it will comply with such laws in the construction of this projeclfr p. The provisions of this resolution shall be deemed to be covenants running with the land and affecting the above- described premises» G. The Town Supervisor is authorized, with the assist ance of the Town Attorney, to negotiate a contract with the applicant containing the foregoing provisions and such other provisions as may be reasonably required by the Supervisor and the Town Attorney to insure compliance by the applicant with, and to give to the Town the rights intended to be reserved to the Town under, provisions of this resolution and the provisions of Article V of the PRIVATE HOUSING FINANCE LAWy fOCU^Qj^ y ^ jA-J % -"y-^CKrJTUiSaJL^ IQj^ h ^ P .his understood that the applicant is not exempt |i from the payment of sewer rents and water rates as defined or j! provided for in Article l4-P of the General Municipal Law, Article 12-C of the Town Law, and Article 12 of the Town Law (Section I98, subdivision 1, paragraph (1) and sub-division 3 paragraph (d))• yit is und.a^stood tha^this reso^^fl^ion is^^^bject the approval of^.jth'e c(ounty,^^9J'''"^nbkins .^qMjol TJri^rict. I -.i ' , - 4 - October 9, 1972 Attorney Gersh noted that R-30 is not an arbitrary figure, but Is a type of zoning arising out of the recommendation of the Health Department for properties without water and sewer facilities. Super visor Schwan said that even the square footagd requirements of R-30 are not always holding up. The Health Department are now coming In, telling you what your lot size should be. Mr. w 7^^ ^ noted that we also have In our Zoning Ordinance an R-9 zone,"I which requires only 9,000 square feet. ~ adjourned until 5:00 p.nil on October l6, 1972, inorder to give Attorney Buyoucos and Attorney,Oersh an opportunity to dlscusslon^^"^"^^^ resolution Including conditions arising out of the GROPF ASSOCIATES - HOUSING TOR THB itf.nBRT.v prepared protioSed resolution concerning housing Town of Ithaca^' * ' * Woi 013-4i^031 LDC, Ellis Hollow Road, discussion the Board expressed some concern as to was a real need for this project; Mr. Wilbur Trammell, b°^u®^ Groff Associates, contended that market analysesBoynton, Groff Associates, said there were if for housing at Titus Towers and McGraw.. He also said i Senior Citizens Council. Mr. Boynton +S?f j i Board would do nothing to Impede the progress ofj.. project. Councilman Del Rosso said he was far from convinced that "®®'^ subsidized housing In this area. Mr. Boynton saidthis had been researched by the P.H.A. and they say It Is necessary. Th®re was some question as to whether the Town of Ithaca could bind ' mIJ® the School District with respect to tax abatement. • - ff ^®® 5 a question of whether the Town canbind the County and School District but whether It should. CouHcTl- man Powers said It Is a question of whether we want to exercise that power or whether we want to say we will speak only for the Town of •Lwl^SLCCl ^ The prepared proposed resolution was revised In accordance with some mad® during the discussion. A copy of the revised prepared resolution Is appended to these minutes, Schwan} seconded by Councilman Powers,RpOLVED, that the Town Board of the Town of Ithaca adopt the resolu- bT?? concerning Housing for Elderly jPHA Project No. 013-44031 LDC,Ellis Hollow Road, Town of Ithaca, as revised and appended hereto as a part of these minutes» The Board was polled with the following result: Councilman Powers - Aye Councilman McElwee - Nay Councilman Del Rosso - Nay Supervisor Schwan - Aye Councilman Desch - Nay ! , The resolution, therefore, was defeated. vote, there was further discussion, particularly with regard to the need for this type of housing In this area. Councilman Del Rosso asked Mr, Boynton if he could come In with some firm data on the need for this type of housing. Mr. Boynton said he depended on the figures given him by professionals who say this type of housing Is needed, the ones employed by the EHA offices in New York and Albany, figures as recent as this summer. Councilman McElwee wondered If they were aware of our local housing situation. Mr. Trammell said they do keep a data book. Mr. Boynton said he had talked with Senior Citizens groups and they hope no roadblocks will be put In the way of this pro- said all his invti fclgations Indicate there is a need for this type of housing in our community. • 5 - October 9, 1972 Councilman Del Rosso asked if the data that had convinced Mr. Boynton was available to the Town Board. Mr. Boynton said he thought the best data available is through talking to the people on the waiting lists for McGraw and Titus Towers, and the Senior Citizens groups working in our community. Councilman Desch said the Town Board had had no in-put from such groups. Mr. Desch said Mr. Boynton is talking as ^ a developer anc^ that is not enough for the Town Board. It cannot . ^ make a decision on that basis« The Board does not know whether there j j is a need until It has some,data and in-put from the groups which Mr. ^ Boynton has mentioned. Mr. iSoynton said the PHA economists have said there is a need. Mr. Tramm^il said the point is that the kind of thing they are asking for is not in fact a subsidy. He said they are asking to comply v/ith the requirement of another government. He said not . being asked to approve the concept of public , good but that the Board cobld make i'p possible. There was some difference of opinion as to whether the To^n was going to get more or less tax money under this a^ipangemept j ;Mr, Trammel contending that there would really not be any acbual subsidy, except for the inflationary value of money. Mr. Boynton said .'it was simply tax stabilization, Mr. Desch suggested the possibility of a public hearing so that we might get a reaction frpi^ the public about this concept, Mr. Boynton said 2" hearing is not required. Mr. Boynton said he felt the matterhad been well publicized# Mr# Boynton said if there was any great oupCry against the project the Town Board would have heard something i,?2? way or the other. The Board felt it would rather have somesome calls in favor of the project. Councilman Deschsaid he Would like to hear directly from the Senior Citizens groups, i Mr, Trammell said he would be happy to provide more information next Monday night which would support his position. Mr# Del Rosso said he would like to see this supporting data since he had talked with ,1^ people whose opinion does not Jibe with that of Groff Associates. j I The discussion was adjourned until October 16, 1972 at which time the Board will look forward to having supporting data with respect to the need for housing for the elderly in this community. YOUTH BUREAU BUDGET Mr, Robert Cutia, Youth Bureau Director, furnished the Town Board with a copy of the Youth Bureau budget for 1973. (Copy of same is on file in the Town Office.) Mr. Slattery indicated that the proposed Youth Bureau and Recreation Budget for 1973 was $167,514.00 as against $119^952,50 in 1972, an increase of $47j.§^2J,50, the increase represent ing primarily the ice rink program which will begin as soon as Cass Park opens up (about November 12). Mr. Slattery said last year the Town of Ithaca contributed $1,344.00 for the Youth Bureau work program and $7,919.00 for the Recreation Program, and in 1973 is slated to contribute $2,000,00 for the Youth Bureau work program and $10,686.50 for the Recreation Program. Councilman McElwee said he felt some thought should be given to involving other towns in these programs, rather than Just the City of Ithaca and Town of Ithaca, Mr, Slattery said they are doing that through the County rather than with each of the smaller towns piecemeal, Mr, Cutia indicated that the budget is guesswork to some extent in * view of their lack of experience with the ice rink operation and j j swimming pool. They would need full time and part time staff and general supervision. They are figuring on a 20 week operation for the ice rink and a 10 week operation for the swimming pool. Councilman Desch asked Mr. Cutia what share of the total budget was assigned to the Town of Ithaca. Mr. Cutia said he had nothing in the way of a percentage for the Town of Ithaca»s share. It is discretion ary on his part what he puts in as the Town^s share. There are no guidelines, he said, to put it "in this account or that account," Mr, Slattery said they would have a better slant on this type of thing next year when "we have one year under our belt." - 6 - October 9^ 1972 Supervisor Schwan asked Mr. Cutia if they had a financial statement at the end of the year which would show what was paid out for each program and what was taken in for each program. Mr. Cutia said they would be glad to furnish such information. Mr. Schwan noted that the Youth Bureau was requesting that $4,000 be put in the 1973 budget for program development program, and that the Town was being requested to consider a contribution to this part of the budget, and noted that the Town of Ithaca budget does not make any provision for this item. Mr. Slattery said they wbre not asking for approval of that item at this timei Mr. Schwan said it might be budgeted out of the contingency fund, if the Town Board saw fit. Mr. Cutia said he was more concerned about the $12,686.50 than the $4,000.00. Mr. Cutia said they were trying to develop accurate statistics with regard to people employed by the Yputh Bureau. He said a lot of people do not know where they live, whether in the Town of City. They do not, however, depend entirely on the people to tell them where they live. The Youth Bureau works vj^ith a directory to figure it out. Mrs, Valentino said certain things sUch as the tennis program and the junior Olympics do not show up in the budget. Mr. Cutia said these are program^ where there are no fees. No information was forth coming with regard to costs involved in these programs. The discussion was terminated at this point and Supervisor Schwan said this and other budgetary items would be taken up more thoroughly at the November 9th meeting, (Next Board meeting) COMBINED REGULAR AND BUDGET MEETING Motion by Supervisor Schwan; seconded by Councilman Del Rosso, RESOLVED, that the Town Board of the Town of Ithaca shall hold a combined regular and budget meeting on November 9, 1972 at 5:00 p.m. in the Town Offices, as required by Town Law. Unanimously carried. PRELIMINARY BUDGET - 1973 Supervisor Schwan reviewed the preliminary budget for 1973 page ty page, explaining each item, after which the following resolution was made; Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the Town Board hereby prepare and approve as a Pre liminary Budget of this Town for the fiscal year beginning January 1, 1973^ the itemized statement of estimated revenues and expenditures as prepared; a copy of which is to be made a part of these minutes, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Ithaca shall meet to hold a public hearing at 5:00 p.m. on Thursday, November 95 1972 at the Town Offices, 108 East Green Street, Ithaca, New York, for the purpose of hearing any person for or against any item or items therein * and BE IT FURTHER RESOLVED, that the Town Clerk shall give notice of such public hearing in the manner provided in Section 113 of the Town Law providing that such notice shall be published in the Ithaca Journal i at least twice. Unanimously carried, CITY OF ITHACA FIRE CONTRACT Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that a public hearing he held by the Town Board of the Town of Ithaca at 5:05 p.m., November 9, 1972, in the Town of Ithaca Offices, lQi'8 East Green Street, Ithaca, New York, for the purpose of hearing a.ll persons interested in the renewal of a contract with the City of - 7 - October 9, 1972 Ithaca for fire protection for a one-year period on the basis of $31>9o2.00 for the year 1973 in the Town of Ithaca, excepting the following areas, to wit; a) the Village of Cayuga Heights, b) the area comprising all the territory lying between the east boundary of the Village of Cayuga Heights and the east boundary of. the Towp ojf Ithaca, c) the Hamlet of Forest Home exclusive of the structure housing the Cornell University Filtration Plant, Unanimously carried, CAYUCA HEIGHTS FIRE COHTRACT-PUBLIC HEARING iMotion by Supervisor Schwan; seconded by, Councilman McElwee, RESOLVED, that a public hearing held py the Town of Ithaca Town Board at 5:10 p.m. November 9, 1972 in the Town of Ithaca Offices, lOo East Green Street, Ithaca, NeW York^ for the purpose of hearing all persons interested in the Renewal of a contract with the Village of* Cavuga Heights for fire protection for the year 1973 on the basisof $14,112,00 in the Hamlet df Forest Home and in that portion of the Town to the north of Forest Home and between the east boundary of Cayuga Heights and the east boundary of the 'ToWn of Ithaca4 Unanimously carried, PUBLIC HEARING - TOWN OP ITHACA WATER, SEWER, AND LIGHTING IMPROVEMENT DISTRICTS Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, WHEREAS the Town of Ithaca has prepared assessment rolls on the parcels of land included in the following: Forest Home Lighting Special Improvement District; Glenside Lighting Special Improvement District; Renwick Heights Lighting Special Improvement District; The Town of Ithaca water and sewer improvements now operated by the Town as a Town-wide function and cover ing all lands in the Town, pursuant to Section 209-r of the Town Law; this assessment roll includes not only all the parcels formerly included in all the former Water and Sewer Districts, but also all other lands in the Town of Ithaca outside of the Village of Cayuga Heights; and has apportioned and assessed upon such parcels of land in pro portion to the amount of benefits the improvements shall confer upon the construction of public water and sanitary sewer systems therein which are payable in the year 1973 and therefore, pursuant to Sec tion 239 of the Town Law, the said Town Board will hold a public hearing thereon at the Town Offices, 108 East Green Street, Ithaca, New York, on the 9"^^ day of November, 1972 in the order listed above beginning at 5:15 at which time it will consider any objections which may be made to said assessment rolls and apportionments. Unanimously carried. BIDS ON DUMP TRUCK FOR SNOW PLOW Supervisor Schwan reported that four bids had been received for a Dump Truck for Snow Plow, and the bids were opened by the Town Clerk at 2:00 p.m. on October 9> 1972 in accordance with notice to bidders. - 8 - October 9, 1972 Bids were received as follows; Brockway Motor Trucks^ Elmira, N. Y, Brockway Binghamton Co., inc., Binghamton, N^Y.'.. COG Construction Equipment, Inc. Syracuse, i^.Y... Cayuga Motors Sales Corporation^ Ithaca, N.^, ... 1^,695.00 17,376.00 17,402.00 13,1^0,00 I Highway Superintendent Marion Morey indicated that the Cayuga Motors 1 Sales Corporation bid did not meet the specifications (the frame). Therefore, this bid could not be accepted. After proof of publication and posting of the notice to bidders, in accordance with a resolution of th6 'fown Board kt its meeting on September 18, 1972, was presented, the following motion was made: Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the Town of Ithaca accept the bid of Brockway Motor Trucks, Elmira, New York, in the amount of |l4,695iOO for a new 1973 Brockway Truck Model J35oL and a Heil bump Body* Unanimously carried. PAKKALA REFUND Supervisor Schwan reported that, he had a request from Alex and Lilly Pakkala of 109 Kendall Avenue, Ithaca, New York, for refund Of sewer benefit charges on Parcels 5^-2-22, 54-2-.23, and 54-2-24 for the years 1970 and 1971* In accordance with law, only the year 1971 could come under consideration. Since these three parcels are not served by sewer they should have been charged only $1.00 minimum charge per parcel, the charge in effect in 1971. Since the original charge was ^ $99.12, Supervisor Schwan recommended a refund in the amount of $96,12, Motion by (J.o,iincilman McElwee; seconded by Councilman Desch, RESOLVED, that a refund in the amount of $96,12 be made to Alex and I'llly Ps-kkala, 109 Kendall Avenue, Ithaca, New York, to cover over payment of sewer benefit charges on Parcels 54-2-22, 54-2-23, and 54-2-24, for the year 1971, . Unanimously carried, BOCES WALKWAY Discussion indicated there was no inclination on the part of the Town Board to accept ownership of this walkway. The Town built it and maintains it , but the ownership is in BOCES and it is a problem they ought to discuss with the Board of Education. It exists for the bene fit of the school system. The matter was tabled for further study by the Town Attorney, FOREST HOME SEWER Questioning by Arthur L. Berkey elicited the information that there are no grants or Federal or State aid available to reduce the cost of sewering Forest Home. The Town of Ithaca is classified as an urban area; it is necessary to be classified as rural to qualify for 1=^ aid. It is possible that the Forest Home area might have to go it ] alone insofar as sewer is concerned; however, no decision has been ' made as of this time. APPROVAL OF WARRANTS Motion by Councilman Desch; seconded by Councilman Del Rosso, RESOLVED, that the Warrants dated October 9, 1972, in the following amounts, be approved: General Fund $ 26,083,71 Highway Fund .,,,..,,$ 9,104,06 Unanimously carried. - 9 - October 9, 1972 nft^^ CITY OF ITHACA RECOMMENDATION FOR EXTENSION OF EAST'^SIMffl SEWER DISTRICT TO INCLUDE MAPLE AVENUE HOUSING PROJECT (UDC) Supervisor Schwan reported thaythe City of Ithaca had recommended the extension of the East Sewer District to include the Maple Avenue project (SUDC)» Mr, Schwan suggested the possibility of draft ing a resolution which will include all areas of the Town of Ithaca for water and sewer benefit, adding them to those areas already covered by the boundaries set in contracts with the City of Ithaca as they were drawn up in the past, Mr. Schwan reported that the City of Ithaca wants the Town to commit itself to extend this particular area. Maple Avenue. Supervisor Schwan said he would rather have a blanket resolu tion to commit us to all the areas and make no reference to this par- ticular project. Attorney Buyoucos said we could not extend the bene fits without going through procedures like petitioning the Town, and then applying to Audit and Control, etc* Supervisor Schwan said that we are only trying to extend the contract to cover the areas which are Town, under dissolution, and thereby guarantee the City their water and sewer revenues. No definite action was taken in this matter. Edward L* Bergen Town Clerk (Note: Re: Youth Bureau: Mr, Cutia indicated that he would have a year end report available for the Town Board by January 1, 1973. n