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HomeMy WebLinkAboutTB Minutes 1973-05-21TOWN OP ITHACA ADJOURNED BOARD MEETING May 21, 1973 At an Adjourned Meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town of Ithaca Offices at 108 East Green Street, Ithaca, New York, on the 21st day of May, 1973, at 52GO p.m., there were PRESENTS Walter J. Schwan, Supervisor Andrew W. McSlwee, Cotmcilman Noel Desch, Councilman Victor Del Roteso, Councilman Robert N. Powers, Councilman ALSO PRESENT: James V. Buyoiicos, Town Attorney John C. Barney# Attorney Peter Francese, Planning Consultant Kenneth Kroohs, Town Engineer-Planner Reynolds Metz, Assistant Zoning Officer Ellis Erdman Paul Erdman Kenneth Erdman Charles Schlough David B. Gersh, Attorney Roger B. Sovocool, Attorney Milo Richmond, Chairman, Natural Areas Ccmmittoe, Cornell University Robert S. Boothroyd, Sr. Robert S. Boothroyd, Jr. Roy Compton Radio, TV, and Press The meeting was called to order at 5s10 p.m. REVIEW OF EXCESS LIABILITY AND BASIC LIABILITY INSURANCE POLICIES Mr. Robert S, Boothroyd, Sr. explained to the Board that the Town of Ithaca's basic liability insurance policy does not include cover-r age with regard to streets, sidewalks, and roads. He advised that no insurance company will write an excess liability policy \mless all coverages and all exposures are covered in the basic policy. He said it would cost an additional annual premium of $1,400 in the basic policy to cover streets, sidewalks, and roads, and it would follow that these would then be covered in the excess policy. After some discussion the Bo€trd felt the Town could not afford to be with out these coverages, particularly in view of the many technical pro jects the Town will be or is already engaged in — water systems, subdivision drainage problems, 32 miles of Town rpads, etc. Motion by Supervisor Schwan? seconded by Councilman Powers, RESOLVED, that the Town of Ithaca's basic liability insurcmce policy shall include coverage with respect to roads, streets, and walks, at an additional annual premium of $1,400.00, it being understood that the Town's excess lieibility insurance policy will thereby automatic ally include these coverages without additional premium. Unanimously carried. PLANNING BOARD RECOMMENDATION RE BEACON HILLS REVISED SITE AND DRAINAGE PLANS Attorney David B. Gersh (for Beacon Hills) reported that the Town of Ithaca Planning Board had made certain recommendations with respect to Beacon Hills for the Ithaca Town Board to consider. He said the Planning Board had approved the preliminary site plan as the final - 2 - May 21, 1973 site plan and has approved an agreement (in lieu of a homeo\mers* association agreement), copies of which Mr. Gersh distributed to the Board. (Mr. Gersh wemted the record to show that he had hemded a copy of the agreement to Attorney John C. Barney.) Supervisor Schwan reported that on May 15y 1973y at a public hearing, ^ the Ithaca Planning Board resolved that since there are no further substantive changes in the proposals that have heretofore been pre- sented to the Planning Board by Beacon Hills Village for Stage I of Phase I of said development and those presented at the hearing of May 15, 1973, the Planning Board waived the necessity for a public hearing on the final site plan (Map. No. 385 on file in the Town Office) and considers the preliminary site plan to be the final site plan. ! Supervisor Schwan indicated, however, th^t on May 15, 1973 the Planning Board resolved that the final site plan for Stage I of Phase I of the Beacon Hills Village development be approved by the Planning Board of the Town of Ithaca with the following conditions s 1. That said plan ba approved the Tompkins County Health Department. 2. That the Street Lighting Plan be agreed to by the New York State Electric & Gas Corporation. 3. That there be agreement with and approval of the Water and sanitary sewer detail drawing by the Tompkins County Health Department. 4. That there be assurances, that further discussion will be held between the developer. Beacon Hills Village, emd Coimell University concerning continuity of the character of the area adjacent to the proposed develop ment known as the "Cornell Bog". 5. That the appropriate road profile be approved by Kenneth C. Kroohs, Planning Engineer of the Town of Ithaca. Supervisor Schwan then read the proposed agreement between the Town of Ithaca and Beacon Hills Village of Ithaca, Inc. which agreement is meant to be a substitute for the creation at this time of a home owners association. The agreement is attached to and made a part of these minutes. Consideration of the agreement was temporarily post poned while the Erdmans presented plans showing the units in Phase I. Mr. Erdman went through the plans page by page — Plan P"!* Plan P-2, Typical Roadway Sections TS-1, Property PR-1, Roadway Profiles RP-1, Roadway Profiles RP-2, Sanitary Sewer Profiles SP-1, Rentention Pond Details D-1, Retention Pond Details D-2. These plans are dated May 15, 1973 and are Town Map Pile No. 385. All these plans represent only Phase I, Stage I of the Beacon Hills development. With respect to excavating for fill it was pointed out to Mr. Erdman that they would have to get a permit from the Zoning Board of Appeals for any excavating. Mr. Kroohs reported that the Department of Environmental Conservation had not as yet issued the permit for the pond.^ Council man Desch was concerned about the infiltration problem, infiltration of the back fill on the sewer. Mr. Kroohs said the Erdmans were looking into this matter. There was considerable discussion of in spection procedures. Councilman Desch said it was important for the Town to decide what role it will play in the inspection process. In addition to other required inspections, it was agreed that Mr. Kroohs, who will soon be working full time for the Town, will make continuing on site inspections as the work progresses. There was also considerable concern and discussion about specific construction specifications, specifications for the retention pond, specifications for all water and sewer lines, specifications for the back fill and sanitary sewer, approvals by the Department of Environmental Conser vation, Tompkins County Depcurtment of Health, approval of the City - 3 - May 21, 1973 I of Ithacao As a result of this concern and discussion, the follow ing action was taken: Motion by Councilman McElwee; seconded by Councilman Powers, RESOLVED, that the TOwn Board o£ the Town of Ithaca hereby approves ^ the plan for the drainage of Stage 1 of Phase I of the Beacon Hills j development, subject to the following conditions, all of which shall I ^ be met prior to the ddmmencem^ht of any construction activity at the development site: a. Receipt qi at>prbval of the Department of Environmental Conservation of the State bf New York of retention pond and related construction. ; ! i b. Receipt qi apj^rc^val of the Department of Health of Tompkins County of the plans and specifications for water and sewer services• c. Recbipt Of approval of the City of Ithaca of the plans and specifications water and sewer services. d. Appfovai bf construction documents, including specifica tions for drainb^e# b^ O^oWn Engineer. e. Agreement between Town Engineer and developer as to appropriate ihspebtiOh points and inspection schedule for construc tion, including inspection of pipes in ground befofe covering and inspection of back fill material and procedures. f. Compliance in all respects by the developer in a good r and workmanlike manner with the construction documents relating to 1 sewer, water, and drainage, including plans submitted to the Town ' Board and the specifications submitted to the Town Engineer. This provision shall not be affected in any manner by inspection on the pcurt of any town official and shall survive such inspection. g. Receipt of approvals a, b, and c shall not be effective until copies thereof are delivered to the Town Engineer or Town Clerk. Approval is further contingent upon the satisfactory con struction of drainage, water and sewer system as determined by the Town Engineer after the inspection set forth above. Any bui3.ding permits issued for Phase I shall contain the following statements "The issuance of this permit is subject to the reqifireiiients of the enabling resolutions of the Itnar.a Town Board dated October 16, 1972 and May 21, 1973, This permit may be revoked by the issu ing officer upon failure of the holder to comply fully with such requirements." Unanimously carried. Attorney David Gersh was concerned that the required stat^ent on the building permits might be a bar toward getting financing, that the bank might object to it because it is contingent. It was the feeling of the Ithaca Town Attorney and the Board that that bridge could be crossed when cuid if the time came. This..matter could be reconsidered at an adjourned meeting of the Board on Wednesday, May 23, 1973, should the bank deny financing based on the statement on the permits. - 4 - May 21, 1973 AGREEMENT IN LIEU OP CREATION ' OF HOMEOWNERS ASSOCIATION - BEACON HiLLfe The Board returned to cdnsideratioh of proposed agreement in lieu of creation of homeowners* association by Beacon Hills at this time. j'^ Motion by Councilman Del Rosso; secohded by Councilman Deschr RESOLVED, that the ToWn Supervisor be authorized to execute on L- behalf of the Town Board of the Town of Ithaca an agreement between the Town of Ithaca and Beacon Hill^,Village of Ithaca, Inc., dated May 21, 1973, which agreement shall serve in lieu of the creation of a homeowners* associatidh for Beacon^Hills which was provided for in a resolution of the Ithaca Town Boatd duly adopted on October 16, 1972, it being impossible or impractical at this time to incorporate a homeowners* association. Unanimously carried. ESTABLISHMENT OF CONTRACTOR*S R^EUNDABLE FEE FOR WATER AND/OR SiSWER PERMITS The Supervisor suggested that the Town might impose a fee of $10.00 to be paid by contractors and Refunded to them when they return to the Town a map of the installations they make showing the location where the main was tapped, where the curb box is placed in relation to the house services, or hydrants, and manholes. Councilman McElwee felt that the records maintained by the City of Ithaca were probably quite adequate. The Supervisor said we could get copies of the City records. Councilman McElwee recommended a tap fee system — just for water, not sewer. The Supervisor recom mended that the Town check with the City on the quality and availa bility of their records. Town Engineer Kroohs was delegated to get this information from the City and the matter was tabled until Mr. Kroohs reports back to the Board. NAVAL RESERVE CENTER (THE TIN CAN) Supervisor Schwan reported that he had written a letter to the Navy requesting information on the status of the Naval Reserve Building with a view to making an offer to buy same to be used by the Town of Ithaca as offices and highway barn. He asked the Board to consider whether the Town should at this tiiae hold a public hearing to con sider buying the land and buildings. The Board decided to wait until the Supervisor has a response from the Navy to the letter he has written. Councilman Del Rosso wondered whether the proximity of the schools to the Naval facility would prevent their use for highway barns. The Supervisor thought not since most of the trucks will not pass the shcool. Also, stockpiling will not take place at the facili* ty. GROFF ASSOCIATES TAX ABATEMENT The Supervisor reported that the School District has approved the tax stabilization requested by Groff Associates. The Town of Ithaca has already approved same. The County so far has not granted such tax abatement. CODDINGTON ROAD WATER PROBLEM - JAMES W. CAREY PROPERTY The Supervisor reported that James W. Ccurey is located near the corner of Coddington Road and Troy Road. He now has an inadequate well and wishes to hook to public water. Upon application to the City for same he was told by Mr. Vincent P. Hannan that a letter is required similar to the one used when the people on Snyder Hill Road hooked up. The problem is that Mr. Carey was not located within a water district prior to dissolution of the districts. Schwsm read the original resolution sent to Mr. Hannan and the Mayor and the Board of Public Works of the City of Ithaca. City Attorney AGREEMENT MADE this 21st day of May, 1973, by and between the Town of Ithaca, New York, represented by its Town Board (the "Town") and Beacon Hills Village of Ithaca, Inc., a corporation with an office at P. 0. Box 447, Ithaca, New York, ("Beacon Hills"), WITNESSETHs ^ Whereas, by resolution duly adopted October 16, 1972, the ' Town Board amended the Town's Zoning Ordinance to estciblish an R-15 [ Residential District on land owned by Schuylkill Investors, Inc. on East King Road and Troy Road, and Whereas, the aforesaid amendment was "for the purpose of constructing a cluster development of 567 units," and Whereas, said Resolution provided for the creation of a homeowners' association to own, maintain and control the use of all open space in the development as a condition precedent to the issuance of building permits, and Whereas, Beacon Hills has represented to the Town that it is ready to proceed with the construction of Stage I of Phase I which will include sixty (60) dwelling units to be held for rental, and that accordingly, it is impossible or impractical to incorporate a homeowners' association at this time, NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises hereinafter set forth, it is agreed as followsI 1, Beacon Hills will own all improvements and open space included within Stage I of Phase I, as shown on the Preliminary Site ^ Plan filed with the Town and will maintain the same in an attractive, neat and healthful condition at all times commencing with the first occupancy of a dwelling unit. 2. In the event Beacon Hills fails to maintain such open spaces adequately in accordance with reasonable regulations estab lished by the Town Board, it is agreed that they may be maintained by the Town and Beacon Hills shall pay the expense thereof whether such expense shall be levied as a tax, levy or other assessment or whether such expense shall be charged to and shall be payable by Beacon Hills as a contractual obligation including all reasonable legal fees and expenses incurred in the collection thereof. So Prior to the sale of any dwelling units, prior to issu ance of the sixty-first (61st) building permit for construction in said project, or within nineteen (19) months from the date hereof, whichever first occurs, a homeowners' association will be formed pursuant to the provisions of the Resolution, or an alternative pro cedure acceptable to the Town will be adopted, to own, maintain suid control the use of the open space as above described. 4. This agreement is intended only to constitute "satisfac tory assurances" to Section 3 of said Resolution to enable Beacon Hills to apply for and, subject ot other legal regulations and requirements of said Resolution, receive up to sixty (60) building permits for use in Stage I of Phase I of the Beacon Hills develop ment . IN WITNESS WHEREOF, the parties have signed this agreement by their duly authorized representatives. BEACON HILLS VILLAGE OF ITHACA, INC. By s TOWN OP ITHACA By Town Supervisor ^7 n - 5 - May 21, 1973 Gersh said he saw no problem and would pursue the matter with City officials. Councilman Del Rosso suggested that the Supervisor write a letter to Mr. Hannan explaining the Town's view. COMPTON TAX MATTER Mr. Roger B. Sovocool (Attorney for Roy Compton) reviewed Mr. Comp- ton's case against tha Town of Ithaca attempting to set aside 1970 South Hill Water District taxes. He reported that this case was dis missed in July of 1972, that it was appealed. The appeal has not been pressed in order to allow time for discussions with the Ithaca Town Board. A similar action relating to the 1971 taxes is still pending. Supervisor Schwan noted that George Comptozi is deceased and his property has been sold. The tax still has not been paid for 1970 or 1971 for George Compton's land. There was discussion of the exact amounts of money owed. Mr. Sovocbol presented the dollar amounts for the various taxes, including penalties. Mr. Sovocool repeated a previous offer made to the Town to settle the case by paying 1970 taxes without penalties, 1971 taxes except benefit charges over the 1973 level. This offer pertains to both Roy and George Compton. The matter was tabled until the,Town Board meeting of June 11th in order to have complete and accurate figures with regaurd to tax, penalties, interest, and benefit charges for the years in question. The Super visor said all penalties must be paid to the County so if the Comp- tons do not pay it, it appeared the Town would have to. Attorney John Barney indicated that this might not be entirely correct and that there is a difference bbtween the penalties and theinterest, and that he would look into this more closely to see what the various Options are. LETTER OF INTENT - INTERMUNICIPAL COOPERATION ON INTERIM WATER SUPPLY Supervisor Schwan referred to letter of May 9, 1973 from Frank R. Liguori re Feasibility Report for Meeting the Interim Water Supply Needs of the Ithaca Urban Area Using Existing Resources prepared jointly by Noel Desch, Vincent P. Hannan, Walter J. Schwan, James Howell, Tom Miller and Frank R. Liguori, including a suggested letter of intent, a declaration of intent to cooperate to insure an adequate water supply to meet the needs of the Ithaca Urbsui Area during the interim short-range 2-3 year period. The suggested letter reads as follows s "It is hereby declared to be the intention of the co-signing municipalities and Cornell University to cooperate fully emd to implement the general plan of the attached feasi bility report to insure an adequate supply of water to meet the needs of the participating municipalities during the interim 2-3 year period prior to the development of proposed long-range water supply systems. It is recog nized that additional details will have to be worked out to insure that the cooperative arrangement works, and it is intention to work out these arrangements to the mutual benefit of all." It is intended that this letter of intent would be signed by the Mayor of the City of Ithaca, The Supervisor of the Town of Ithaca, the Mayor of the Village of Cayuga Heights, the Supervisor of the Town of Lansing, the Supervisor of the Town of Dryden, and the Presi dent of Cornell University. (The feasibility report referred to is available in the Town Clerk's office for inspection.) Motion by Councilman McElwee? seconded by Councilman Powers, RESOLVED, that the Town Supervisor be authorized to execute on behalf of the Town of Ithaca, together with the Towns of Lansing and Dryden, the Village of Cayuga Heights, the City of Ithaca, and Cornell Uni versity, a letter of intent to cooperate to insure an adequate supply - 6 - May 21, 1973 of water to meet the needs of the participating municipalities dur ing the interim two-to-three year period prior to the development of proposed long-range water supply systems. Unanimously carried. TRANSFER OF FUNDS Motion by Supervisor Schwan? seconded by Councilman McElwee, RESOLVED, that a transfer in the amount pf $3$7.25 be made from Account A-7140.4 (Coddington Road Community Center) to the Town of Ithaca Water and Sewer Fund to credit the previous account of Second South Hill Water District for the electric bills which were debited in error from Second South Hill Water District, broken down $80.96 for 1970, $109.64 for 1971, $167.06 for 1972, and $39.59 for 1973. Unanimously carried. SALE OF FRIEDEN CALCULATOR Motion by Councilman McElwee ? seconded by Counbilman Powers, RESOLVED, that the Supervisor be authPrized to arrange for the sale of a used Frieden calculator from the inventory of Town Office Equipment. Unanimously carried. ADJOURNMENT ^ The meeting was adjourned until Wednesday, May 23, 1973, at 5s00 p.m. jg Edward L. Bergen Town Clerk