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HomeMy WebLinkAboutTB Minutes 1973-10-08TOWN OP ITHACA REGULAR BOARD I4EETING October 8, 1973 Town Board 6f the Town of Ithaca, TompkinsCounty, New York, held at tke Town of Ithaca Offices at 108 East Green there wer ^°^' York, on the 8th day 6f October, 1973, at 5s00 p.m. PRESENTS ABSENT: Walter J. Schwan, Supervisor Andrew W• NcElwee, Councilman Noel Desch, Cbiincilman Victor Del Rosso, Councilman Robert N. Powers, Councilman ALSO PRESENT:James V. Buyoucos, Town Attorney Barbara Holcomb, Chairman, Planning Board David W. Cowan# Zoning Officer Reynolds Metz, Assistant Zoning Officer Marion Morey, Highway Superintendent Kenneth Krbohs, Town Engineer*-Planner Wilbur Traramell, Groff Associates Stewart Rnowlton, Groff Associates Ben Boynton, Groff Associates Carl Louis Wren, Empire Pipeline Co. Randall T. Crawford, Suttohi Associates, Architects, Syracuse, N. Y. Mr. and Mrs. Fred Morris, Senior Citizens Thomas Kehoe, Cornell University, Sr. Extension Associate, Consumer Economics and Public Policy Catherine Valentino Beverly Livesay Radio, TV, and Press The meeting was called to order at 5:15 p.m. APPROVAL OF MINUTES Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the Minutes of July 9, July 30,^ and August 13, 1973 be approved, as presented. Unanimou&ly carried, COMBINED REGULAR AND BUDGET MEETING Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Town Board of the Town of Ithaca shall hold a combined regular and budget meeting on November 8, 1973 at 5:00 p.m. in the Town Offices, as required by Town Law. Unanimously carried. PRELIMINARY BUDGET - 1974 Motion by Supervisor Schwan; seconded by Councilman McElwee, RESOLVED, that the Town Board hereby prepare and approve as a Preliminary Budget of this Town for the fiscal year beginning January 1, 1974, the Itemized statement of estimated revenues and expenditures, as prepared; a copy of which is to be made a part of these minutes, and maL - 2 - October 8, 1973 i BE IT FURTHER RESOLVED/ that the (Pown Board of the Town of Ithaca shall meet to hold a public hearing at 5s15 p.m. on Thursday, Novem- ^ ber 8, 1973 at the Town Offices, 108 East Green Street, Ithaca, New York, for the purpose of hearing euniy person for or against any item j or items therein? and n 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 notioe shall be published in the Ithaca Journal at least twice. Unanimously carried. CITY OF ITHACA FIRE CONTRACT f Motion by Sup^rvisdr Schwan; seconded by Councilman Desch, RESOLVED, that a public hearing be held by the Town Board of the Town of Ithach at 5:20 p.in., IJoVember 8, 1973, in the Town of Ithaca Offices, 108 East Gteen Street, Ithaca, New York, for the purpose of hearing all persons interested in the renewal of a contract with the City of Ithaca fbr fire protection for a one-year period on the basis of $34,961 for the ^ear 1974 in the Town of Ithaca, excepting the following ^eas, to wits 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 Town of Ithaca, c) the Hamlet of Forest Home exclusive of the structure housing the Cornell University Filtration Plant. Unanimously carried. CAYUGA HEIGHTS FIRE CONTRACT Motion by Supervisor Schwcui? seconded by Councilman McElwee, RESOLVED, that a public hearing be held by the Town of Ithaca Town Bocucd at 5:25 p.m., November 8, 1973 in the Town of Ithaca Offices, 108 East Green Street, Ithaca, New York, for the purpose of hearing all persons interested in the renewal of a contract with the Village of Cayuga Heights for fire protection for the year 1974 on the basis of $15,434 in the Hamlet of 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 Ithaca. Unanimously carried. WATER, SEWER AND LIGHTING IMPROVEMENT DISTRICTS Motion by Supervisor Schwan? seconded by Councilman Desch, RESOLVED, WHEREAS the Town of Ithaca has prepared assessment rolls on the parcels of land included in the following: (1) Forest Home Lighting Special Improvement District? (2) Glenside Lighting Special Improvement District? (3) Renwick Heights Lighting Special Improvement District? (4) The Town of Ithaca water and sewer improvements now operated by the Town as a Town-wide function and covering 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? /A - 3 - October 8, 1973 and has apportioned and assessed upon such parcels of land in propor tion 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 1974 iand therefore, pursuant to Section 239 of the Town Law, the Selid Town Board will hold a public hearing there on in the Town Offices>108 Bast Green Street, Ithaca, New York, on the 8th day of November, 1973, in the order listed above beginning at ^ 5s30 p.m., at which time it will consider any objections which may I be made to said assessident rolls and apportionments, t ! " Unanimously carried. REPORTS OF TOWN OFFICIALS Barbara Holcofnb, Chairman, Planning Board. Reported that the Planning Board is continuing to work on the Zoning Ordinance and, hopefully, is very close to the end. She reported also that the Planning Board is beginning a compilation of new roads which have been accepted since the last official Town highway map. When these are all drawn on the map, it will be necessary to have a public hearing and formally adopt the map as the official Town highway map. In connection with an official Town highway map. Councilman McElwee noted that City Fire Chief Weaver has complained that he is not notified when a new road is accepted by the Town of Ithaca. Mrs. Holcomb said this was one of the reasons why the Planning Board wants to get an updated and official approved map of Town roads. Councilman McElwee suggested that as each road is accepted and recorded in the official minutes that Chief Weaver receive a copy of the minutes. Supervisor Schwan instructed the Town Clerk to do this in the future, and to give the Fire Chief the location of the road in addition to the name of it. It was suggested also that a form letter could serve as notice to the Fire Chief. I ' Mrs. Holcomb reported that under a new State regulation a developer has 30 days to file a subdivision map after the date it is approved by the Planning Board with the County Clerk. She said, further, in accordance with Section 278 of the Town Law it is the duty of the County Clerk to notify the Planning Board in writing with in three days of the filing or recording of any plat approved by the Planning Board, identifying such plat by its title, date of filing or recording, and official file number. Mrs. Holcomb said she had dis cussed this with Mrs. Elsie Wolverton, County Clerk, and Mrs. Wolver- ton is going to check it out with the County Attorney, Robert I. Wil liamson. If this procedure is followed with the Town of Ithaca, of course, it will have to be followed for all the other towns as well. (Attorney Buyoucos, reverting to the matter of acceptance of roads, noted that there is still the problem of people sending him abstracts and deeds before he has had any information that an approval has been applied for. He recommended that no deeds or abstracts be sent direct to him until all preliminary approvals have been had from the Planning Board, Superintendent of Highways, or others. Mrs. Holcomb said the Planning Board could take the portion of the map that shows the road and give 24r. Morey a copy and he can then verify whether it is in accordance with the way the Planning Board has approved it. The papers (deeds and abstracts) would only come to Mr. Buyoucos for theI I legal work.) Kenneth Kroohs, Town Engineer-Planner. Reported that a pre- liminary profile of Campbell Avenue has been received and that he hcid seen preliminary proposed map which should be completed within a week and a half. He said we will then be able to get final estimate of costs to the residents of the area. - 4 - October 8, 1973 Mr. Kroohs requested authorization to attend with Peter Francese, Planning Consultantr one session of the meetings of the New York State Planning Federation on October 22, 1973. This is the session on Planned Unit Developments. He said this could be helpful in writing the new Zoning Ordincince. Attendance would in volve transportation,; registration fee, and meals. ; i Motion by Supervisor Schwan; seconded by Councilmem Desch, RESOLVED, that Kenneth Rroohs and Peter Francese be authorized to attend the Planned unit Development session of the meetings of the New York State Planniiiq Federatioh on October 22, 1973 — transporta tion, registration fee and meals tb be at the expense of the Town of Ithaca. I Unanimously carried. Marion Morey, highway SuPbrixltendent. Reported that ®no parking" signs have nbw been postbd on Snyder Hill Road. In answer to a question by COuncil^^ Desbh Mr, Morey said that John Marion's ditch had not yet been fiked. (Supervisor Schwan asked Ken KroohS to look into this and bivb Attomby Buyoucos whatever information he can.) Mr, Morey bdld they are how working on the pipe line in Eastern Heights. W. Cowan, Zoning Officer. Reported that Ken Maguire of Ma^ire Gardens has requested a Building Permit for a temporary plastic greenhouse addition to his present building. Motion by Councilman McElwee; seconded by Supervisor SchWan, RESOLVED, that the Zoning Officer issue td Ken Maguire, Maguire Gardens, a pemit for a plastic greenhouse addition to the present building, permit for said extension to be limited to a maximum of three years' life. Unanimously carried. ' REVIEW OF PRELIMINARY BUDGET - 1974 Supervisor Schwan reviewed the Preliminary Budget for 1974 page by page, indicating increases in such items of expense as salaries and materials costs as a result of inflation and increases in such items as State Aid and mortgage tax, tending to stabilize the budget. Public hearing to approve a final budget has been set for November 8, 1973, this preliminary budget having been approved. A copy of the preliminary budget has been attached to and made a part of these minutes. NEW TOWN CENSUS There was brief discussion of the possibility of having a new Town census. The Supervisor did not think there would be sufficient in crease to justify a census at this time (since 1970). He suggestoJ waiting until 1975. However, Mr. Kroohs, Town Engineer-Planner was asked to get an estimate of the cost of a census at this time. GROFF ASSOCIATES - ELDERLY HOUSING PROJECT In view of the fact that Tompkins County has not agreed to grant tax stabilization for the Groff Associates project, the Town Attorney presented a proposed resolution for the Board's consideration. The Supervisor read the proposed resolution which stated essentially that Groff Associates would pay to the Town, in addition to the stabilized figure of $20,000 any additional sums which may be necessary to pay .the County taxes in full. There was some discussion of how the pro- ration between Town, County and School District taxes might be worked out, the question of interim taxes before occupancy, what percentage of occupancy there might be on the tax status date. May 1, determina tion of assessment during construction based on what percentage of construction is completed and/or other factors. With respect to ^4 - 5 - October 8, 1973 these matters the Supervisor said he would discuss them with Thomas G. Payne, Director of the Tompkins County Assessment Division, in order to get! clarification» The Board then took the following action Motion by Supervisor Sehwan? seconded by Councilman McElwee, j I WHEREAS the Board of Representatives of the County of Tompkins has refused to gramt a tax stabilization or abatement to Groff Associ ates, IT IS RESOLVED that the resolution adopted on December 11, 1972, as modified by twd resolutions adopted on July 9, 1973, be further amended as follows s Until such time as the County of Tompkins shall grant tax stabilization to Grof^ Associates in accordance with the provisions of the resolution adopted by the Town Board on December 11, 1972, and as heretofbr^ ^nended, Groff Associates shall pay the Town such sums Of money, in addition to the sum of $20,000.00, as may be required to pay the Coinity tax^s in view of the County's refusal to grant tax stabilization to Groff. The Supervisor is authorized to arrange the specific procedures for pro-rating the sum of $20,000.00 in the first year and allocating a portion of the $20,000.00 payment and determin ing the excess or additional amount required from Groff to pay the County taxes in full> but the formula or pfocedutes to effect the foregoing shall be subject to approval by the Town Board. The Super visor shall submit such procedures to the Town Board at its meeting on November 8, 1973. Unanimously carried. GROFF ASSOCIATES - SITE PLAN APPROVAL Barbara Holcomb, Planning Board Chairman, read a resolution which was duly adopted by the Town Planning Board at a Special Meeting held on September 25, 1973, as follows; "RESOLVED, that the Planning Board of the Town of Ithaca recommend to the Town Board of the Town of Ithaca approval of the plans submitted by the Developers of the 100-unit housing for elderly project on Ellis Hollow Road as presented to the Planning Board on the 25th of September, 1973, with the following conditions; 1. Texture of sidewalks to be such that slipperyness is avoided. The bench areas in the Courtyard to be in a con versational arrangement. Equipment in Courtyard to be spelled out in Con tract with the Town. Supervisory personnel for operation of project after completion to be spelled out in the Contract with the Town. r Provision for adequate transportation to be included in Contract with the Town. Provision to be made for enclosed and screened outside containers for refuse. 7. There is to be a binding agreement with the adjacent property owner to the North requiring an additional ten feet (10') for yard require ment beyond the minimum zoning requirements to id^e up the two to six foot shortage of side yard requirement on this property. - 6 - October 8, 1973 8. Walking lanes across the East parking lot to the garden area to be designated. 9. Plan to be submitted tb Fire Chief Weaver for his commehts on fire protection. 10. Entire plan for watet and sewer services must be approved by the TompkinS County Health Department. I 11. Designate the capipe^ and height of planting materi als to be used. The Size will be checked by Mr. Robert Scannell pridr to submission of the final plan to the Town Boaird. 12. The developer shall designate the one-way traffic pattern into and out of the property by means of signs. These signs shall be in conformity with the Town of Ithaca Sign Ordinance." The Board then reviewed the site plans with Mr. Wren and Mr. Crawford. In accordance with the resolution adopted by the Town Board on December 11, 1972 authorizing the Town Supervisor, with the assistance of the Town Attorney, tO negotiate a contract with Groff Associates containing whatever provisions mky be necessary for the benefit of v the occupants of the proposed development, the Town Attorney presented to the Board a proposed contract between the Town and Groff for their review. The Board acted on the matter of site plan approval first, as follows; Motion by Councilman Desch? seconded by Councilmcui McElweei, RESOLVED, that Groff Associates Site Plan dated September 26, 1973, j revised October 6, 1973, Town of Ithaca Map Wo. 420 ^ be approved, I contingent upon the following; (1) that osi'^site primary electric ser-—• Vice shall be placed in a galvanized steel conduit, €uid (2) that wat^ef and sewer lines shall be installed to the east side of the right-of- way. Unanimously carried. The Board then reviewed the proposed contract between the Town of Ithaca and Groff as presented by Town Attorney Buyoucos. It was found to be generally acceptable except that the Board wished included in the contract as finally drawn certain of the conditions recommended by the Planning Board at its meeting on September 25, 1973. The recc3»- ^endations of the Planning Board and certain modifications indicated by the Town Attorney were acceptable to Mr. Trammell. Therefore, the Board took the following action; Motion by Councilman McElwee; seconded by Supervisor Schwan, RESOLVED, that the Town Board approves the proposed contract, contin gent upon it being amended to include the following recommendations of the Town Planning Boards (1) equipment in Courtyard to be spelled out in Contract , (2) supervisory personnel for operation of project after completion to be spelled out in the Contract, (3) provision for adequate transportation to be included in the Contract, (4) provision for a binding agreement with the adjacent property owner to the North w requiring an additional ten feet for yard requirement beyond the mini- mxm zoning requirements to make up the two to six foot shortage of ; side yard requirement on this property, (5) plan to be submitted to Fire Chief Weaver for his comments on fire protection, (6) entire plan for water and sewer services must be approved by the Tompkins County Health Department, (7) designate the caliper and height of planting materials to be used, the size to be checked by Mr. Robert Scannell prior to submission of the final plan to the Town Board; and contin gent upon certain general modifications by the Town Attorney. Unanimously carried. 9^ pi - 7 - October 8, 1973 CLERK FOR JUSTICE OF PEACE Supervisor Schwan reported to the Boaifd that Warren A. Blye, Justice of the Peace, had requested authorization to hire a clerk. Motion by Supervisor Schwab? seconded by Councilman Desch, RESOLVED, that Wsurren A. Blye, d'ustice of the Peace, be authorized to hire a clerk, as needed, at $25.00 per session. Unanimously carried. TRANSFER OF FUNDS Motion by Supervisor Schwan? seconded by Councilman Desch, RESOLVED, that $3,000.00 be tfensfe^red from General Town-Wide Surplus account, year ended l9i2, tb the Bolton Point Account A-8030.0 to cover payment of Lozier Engineete' bill for surveying and mapping. Unanimously carried. APPROVi^ OF WARRANTS Motion by Supervisor Schwan? seconded by Councilman McElwee, RESOLVED, that the Warrants dated October 8, 1973, be approved for payment, in the following amounts: General Fund $ 12,538.49 Highway Fund 10,617.69 Water and Sewer Fund .... 1,645.37 Unanimously carried. ITHACA YOUTH BUREAU AND YOUTH BUREAU BOARD Mrs. Catherine Valentino, Town of Ithaca representative on the Ithaca Youth Bureau Board, expressed concern over the fact that in a discus sion with Mr. Robert Cutia, City of Ithaca Youth Bureau Director, he categorized the Ithaca Youth Bureau Board as merely an advisory Board. She said it is her understanding that under the Constitution and By- Laws of the City of Ithaca Youth Bureau, the Youth Bureau Board is more than an advisory Board and, in fact, has policy making powers. Mrs. Valentino also noted that she has not been receiving notices of the Budget meetings of the Youth Bureau. Supervisor Schwan noted that the Youth Bureau is requesting roughly $3,986 more this year than last year. Co\mcilman Del Rosso was dis turbed over the fact that the Town of Ithaca is contributing to the Youth Bureau to the extent of about $16,000 and has little knowledge of or control over the use of these funds. Mrs. Valentino suggested that a letter be written by the Town to the City to clarify these matters. Supervisor Schwan said he would write such a letter. Sup ervisor Schwan said the Twon is getting much better financial infoma- tion than in the past, but that there is still something to be desir ed. He said one of the problems is to determine whether the programs the Town is paying for are programs for Town people. ADJOURNMENT The meeting was adjourned to 5:00 p.m. on October 23, 1973. Edward L. Bergen Town Clerk