HomeMy WebLinkAboutTB Minutes 1973-06-25TOWN OF ITHACA
SPECIAL BOARD r^ETlNG
June 25, 1973
At a Special Meeting of the Town Board of the Town of Ithaca^
held on the 25th day of June, 1973, at the Town Offices at 108
East Green Street, Ithaca, New York, there were
^ PRESENTS Walter Jo SChwan, Supervisor
! I Noel Desch, Councilman
* Victor Del RossO, Councilman
Rbbeirt No Powefb, Councilman
ABSENT? Andrew Wo McElWee, Councilman
ALSO PRESENT? William L. Banner, Assistant Superintendent
Ithaca Public Schools
Robert Butler, Ithaoa Public Schools
Edward Witko, District Superintendent, BOCES
Gabriel N. Meckenburg, Attorney, BOCES
Ben Boynton, Bbynton Real Estate
The meeting was called to order at 5s15 p.m,
SIDEWALK - NORTHEAST ELEMENTARY SCHOOL
Gabriel N. Meckenburg, Attorney for BOCES, reviewed the background
of the Northeast Elementary School walkway situation. He said
BOCES was primeurily concerned over the improper use of the walk
way and the resulting potential danger to children using the walk
way. It appbcurs there is no way to keep them out of the BOCES
^ parking lot, where buses come in and out and where the general pub<
I lie comes in and out. BOCES does not want the walkway and the
School District cannot by law own it. BOCES wants the.Town to
take over the walkway since the Town now does everything with
respect to the Walkway, except that it is not the legal owner.
Mr. Meckenbturg pointed ouh that BOCES had been made a party to
the regent Q'Neil lawsuit and its insurance carrier had made a
value contribution toward the ultimate sum for which the case was
settied, indicating that BOCES does not have complete exemption
from li€a3ility with respect to the walkway^
As attorney for BOCES, Mr. Meckenburg asked the Town of Ithaca
to tsUce over the title to the walkway, and he said BOCES would
then initiate a procedure to dispose of the title to it, includ
ing a referehdum.
Supervisor Schwan noted the Town had built the walkway to help
the School District and had saved them considerable money in that
busing is not required in the area. He thought the Town would be
willing to take title to the walkway if the Town is not required
to fence it off. Councilman Desch inquired whether transferring
title to the Town would change the present working arrangement as
to maintenance Of the walkway, snow removal, etc. Mr^ Banner said
the working arrangement could continue, but it has not always
^ worked too weli in the past. Mr . Meckenburg pointed out that
\ ; transfer Of title would not obligate the Town to do anything more
; than it is already doing.
Motion by Supervisor Schwan? seconded by Councilman Desch;
RESOLVED, that the Tbwn Board of the Town of Ithaca agrees that
the Town of Ithaca will accept from BOCES the Northeast Elementary
School walkway between warren Road and Muriel Btreet, subject to
the Town Attorney approving title to same and subject to such other
reocmimendations and requirements of the Ithaca Town Attorney, and
%rith the assurance of BOCES that the Town of tthaca will not be
required to fence off the walkway.
Unanimously carried.
- 2 - June 25, 1973
GROFF ASSOCIATES - HOOSIMG FOR ELDERL^ PROJiiCT
Supervisor Schwan reported that he had thihed with a Mrs. Jeannette
Kunker, an attorney in Albany, to get soke advice as to whether or
not the Town may obligate the County with respect to tax exemption
or abatement. Inasmuch as the Town his a town-wide water and sewer
function, and establishes the formula, the rate, the units of bene-
^ fit on Individual properties# the Town does have an assessing func
tion. Further, the Town does actually assess County property In
the Town of Ithaca. Based on these fdcts^ It appears that Itos.
Kunker's opinion Is that the Town may grant tax exemption without
the permission of the CoTinty fifild may obligate the County* The Town
contracts out the advalorem adsesament function.
Supervisor Schwan also reported that he had called Mr. Trammell,
attorney for Groff Assoclateii, to advise him that the Town wants
from Groff Associates for Its meatlhg and public hearing on July 9,
1973 saitiple application for the housing for the elderly. Informa
tion on who will operate the pfbject, and other specifics, rather
than the generalities the Tovhi has had to date.
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the Town of Ithaca shall hbld a public hearing on
the 9th day of July, 1973, at 6s00 p.m., to consider the advisa
bility of amending the resolution adopted by the Town ^oard of the
Town of Ithaca on the 11th day of December, 1972, concerning Hous
ing for the Elderly F.H.A. Project No. 013-44031 LDC, Ellis Hollow
Road, Town of Ithaca, In the following respects;
(1) By deleting paragraph 8 thereof which will
result In the tax exemption being grcuited
_ without the consent of the Covinty and the
School District.
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(2) By modifying paragraph 4 of the resolution
which provides for the period on which the first
payment In lieu of taxes shall begin.
Unanimously carried.
HYDRANT ON CHRISTOPHER LANE
The matter of the hydrant on Christopher Lane was discussed brief
ly again and the Board took the following actions
Motion by Supervisor Schwan; seconded by Councllmeui Desch,
RESOLVED, that the Town of Ithaca shall expend from the water
benefit fund a sum not to exceed $900.00 for the Installation
of a hydrant on Christopher Lane? that a letter shall be sent
to tothur A. Prince cuid Otto B. Schonfeld Indicating that this
Is a hydrant that should have been Installed by them as the
developers of Christopher Lane? that no further approval of any
plan submitted by Arthur A. Prince or Otto B. Schonfeld shall be
given by the Town of Ithaca Planning Board until such time as the
Town of Ithaca Is In receipt of a check from each of them for half
the amount expended to Install the hydrant.
Unanimously ccucrled.
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ADJOURNMENT
The meeting was adjourned at 6s 15 p.m.
€4^
Edward L. Bergen
Town Clerk