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HomeMy WebLinkAboutTB Minutes 1974-03-11TOm OF ITHACA REGULAR BOARD MEETING March 11, 1974 At a regular meeting of the Towh Board of the Town of Ithaca, Tomp- kins County, New York, held at the 1?own Offices at 108 East Green Street, Ithaca, New York, on the 11th day of March, 1974, at 5;GO p.m., there were; PRESENT ABSENT! Walter J. Schwart, Town Supervisor Noel Desch> Councilman Victor Del Rosso, Councilman Robert No Powers, Councilman Andl^ew W. McElwee, Councilman ALSO PRESENT:Jam^s V. Buyoucos, Town Attorney Barbara Holcomb, Chairman, Planning Board kertheth kroOhs, Planning Engineer Marlon Morey, Superintendent, Highway Department Edward N. Austen, Zoning Board of Appeals Beverly Livesay, County Representative John Milldr, County Fire-Disaster Coordinator Ruth Dewire, Tompkins County Health Planning Council Herbert MAhr, 103 Judd Falls Road James Van Orman, 327 South Albany Street Radio, TV, and Press APPROVAL OF MINUTES Motion by Councilman Desch; seconded by Supervisor Schwan, RESOLVED, that the minutes of the meetings of December 31, 1973 and January 7, 1974 be approved, as presented. Unanimously carried REPORTS OF COUNTY REPRESENTATIVES The proposed Pyramid shopping plaza (Lansing) prompted Mrs. Livesay, County Representative, to speculate whether another big shopping plaza is appropriate to the area- In this connection, she wondered if something could be done in co-ordinating zoning from town to town. She said what the Towns of Lansing, Dryden and Ithaca do zoning-wise affects each other and creates problems. Mrs. Livesay felt there should be some cooperation in over-all planning about community developments from town to town, without sacrificing the^ autonomy of each town. The Board was doubtful that such cooperation could be achieved, but felt it should be discussed in meetings be- M tween Town and County representatives. Ken Kroohs, Planning Engineer, I suggested that in the not too distant future towns might be faced 1 V with regional zoning mandated by the State (if the towns do not do certain things). Councilman Desch asked Mrs. Holcomb, Chairman, Plaining Board, whether much time was spent studying the Dryden zoning ordi-. nance as it might relate to or affect Town of Ithaca zoning. Mrs. Holcomb said only to see what impact it would have on the Town of Ithaca's immediate boundaries with Dryden. Generally speaking, she said Dryden's zoning is less dense along the Town line.^ Councilman Desch noted that Dryden has generally much larger lot sizes than the Town of Ithaca. - 2 -March 11, 1974 BOLTON POINT PROCEbURES Town Attorney Buyoucos read proposed Orders to hold a pub lic hearing on Match 25, 1974 at 7:30 p.m., on the modification of Project I and Project II. The modification of Project I, Town-Wide Water Supply Benefited Area, consists in decreasing the Town of Ithaca's share in the project from $2,551,000 to $2,324,000, and, further, that the Water treatment plant is to be located about 1100 feet south of the location origihally contemplated. The modification of Project II, (Town Wide Water Distribution Benefited Area) consists of the inclusion of Lansing in the project to cover the McKinney Water District, and an increase in the Town of Ithaca's share in the project from $1,420,700 to $1,460-700 due to a revision in the estimate of the water to be consumed by residents of the Town of Ithaca. The Board, therefore, took the following actions At a regular meeting of the Town Board of the Town of Ithaca, Tomp- kins County, held at 5:00 p.m. at 108 East Green Street, in said Town, on the 11th day of March, 1974. n PRESENTS ABSENT Supervisor Walter J. Schwan Councilman Noel Desch CCuncilman Victor Del Rosso Councilman Robert N. Powers Councilman Andrew W. McElwee In the Matter of The Modification of Plans for the Establishment of the Town Wide Water Supply Benefited Area of the Town of Ithaca, Tompkins County, New York. n WHEREAS, pursuant to the provisions of Article 12-C of the Town Law and more particularly a resolution of this Town Board dated April 9, 1973, the Town of Ithaca, Tompkins County, New York, has heretofore established a benefited area in and for said Town to be known as the Town Wide Water Supply Benefited Area (Bolton Point Intermunicipal Project), and has authorized the providing of a water improvement for said area; and WHEREAS, the plan, report and map prepared in connection with the aforesaid water improvement provided for the construction of an intake and water treatment plant at Bolton Point on Lake Cayuga in the Town of Lansing, a raw water pump station, force mains, plant and pump station roads and a transmission main, to gether with appurtenant facilities and the acquisition of necessary land or rights in land, all at a maximum estimated cost of $4,150,000; and WHEREAS, the aforesaid proceedings provided that the pro posed improvement would constitute a comprehensive water improve ment for use as an intermunicipal water supply facility for the Towns of Dryden, Ithaca and Lansing and the Village of Cayuga Heights, for their joint use and operation pursuant to an agree ment of municipal cooperation and pursuant to which the share of the costs to be allocated to the Town of Ithaca were estimated then to be $2,551,000; and n - 3 - March 11, 1974 WHEREAS, it has been determined to locate the aforesaid water treatment plant at an alternate location, approximately 1,100 feet to the south of the location originally set forth on the afore said map adjacent to the State Highway near a road leading from Bolton Point? and WHEREAS, present estimates indicate that the share of the Town of Ithaca will be $2,324,000? and WHEREAS, it is now desired to call a public hearing On the foregoing matters in the manner prescribed by Section 209-q of the Town Law? NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of IthaCa, Tompkins County, New York, as folloWs: Section 1. A meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, shall be held at 108 East Green Street, Ithaca, New York, (Town Offices on third floor), oh the 25th day of March, 1974, at 7s30 o'clock P.M., Eastern Daylight Saving Time, for the purpose of conducting a public hearing on the modification of the plans for the aforesaid improvement anii the revised estimate of the cost thereof to be borne by the Town of Ithaca, as set forth in the preambles hereof, at which time all persons interested in the subject matter may be heard concerning the same, and for the purpose of taking such further action on the aforesaid matters as is authorized or required by law. Section 2. The Town Clerk is hereby directed to give notice of such public hearing by publishing a copy of this Order once in the Ithaca Journal, the official newspaper of said Town and by posting a copy thereof upon the signboard maintained by him pur suant to Section 30 of the Town Law and as required by the provisions of subdivision 3 of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call which resulted as follows: Councilman Del Rosso VOTING .... Aye Councilman Desch VOTING .... Aye Councilman Powers VOTING .... Aye Supervisor Schwan VOTING .... Aye The Order was thereupon declared duly adopted. * * * * 4c - 4 - March 11, 1974 At a regular meeting the Town Board of the Town of Ithaca, Tomp- kins County, New YOrk, held at 5:00 p.m. at 108 East Green Street in said Town, on the 11th day of March, 1974. PRESENT: Supervisot Walter J, Schwan Councilman Noel Desch Councilman Victor Del Rosso Cotincilman Robert N. Powers ABSENT: Councilman Andrew W. McElwee In the Matter of The Modification of Plans for the Establishment of the Town Wide Water Distribution Benefited Area of the Town of Ithaca, Tompkins County, New York. WHEREAS, pursuant to the provisions of Article 12-C of the Town Law and more particularly a resolution of this Town Board dated April 9, 1973, the Town of Ithaca, Tompkins County, New York, has heretofore established a benefited area in and for said Town to be known as the Town Wide Water Distribution Benefited Area (Bolton Point Intermunicipal Project), and has authorized the providing of a water improvement for said area; and WHEREAS, the plan, report and map prepared in connection with the aforesaid water improvement provided for the construction of water transmission mains, booster stations and storage t^k for the Towns of Dryden and Ithaca and the Village of cayuga Heights, together with appurtenant facilities all at a maximum estimated cost of $1,930,000; and WHEREAS, the aforesaid proceedings provided that the pro posed improvement would constitute a comprehensive water improve ment for use as an intermunicipal water distribution facility for the Towns of Dryden and Ithaca and the Village of Cayuga Heights, for their joint use and operation pursuant to an agreement of municipal cooperation and pursuant to which the share of the costs to be allocated to the Town of Ithaca were estimated to be $1,420,700; and ^ WHEREAS, it was subsequently determined that the proposed facilities should be made available to the McKinney Water District in the Town of Lansing, and it is now proposed that the said Town of Lansing will be a fourth participant in the aforesaid agreement of municipal cooperation and the aforesaid map, plan and report have been modified accordingly; and WHEREAS, the inclusion of the aforesaid McKinney Water District in the Town of Lansing will not affect the estimated amount to be borne by the Town of Ithaca as its share of the total cost. The share of the Town of Ithaca is now estimated to be $1,460,700, due not to the inclusion of the McKinney Water District, but to a revision of the estimate of the water to be consumed by residents of the Town of Ithaca, and - 5 - March 11, 1974 WHEREAS, it is now desired to call a public hearing on the foregoing matters in the manner prescribed by Section 209-q of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows; Section 1. A meeting of the Town Board of the Town of Ithaca, Tompkins County, NOW York, shall be held at 108 East Green Street, Ithaca, New York, (Town Offices on third floor), on the 25th day of March, 1974, at 7:30 o|ciock P.M., Eastern Daylight Saving Time, for the purpose of conducting a public hearing on the modification of the plans for the aforesaid improvement by the inclusion of the McKinney Water District in ^e Town of Lansing, as set forth in the preambles hereof, at which time all persons Interested in the subject matter may be heard concerning the same, and for the purpose of taking such further action oh the aforesaid matters as is authorized or required by law. Section 2. The Town Clerk is hereby directed to give notice of such publiche^^ing by publishing a copy of this Order once in the Ithaca Journal, the official newspaper of said Town and by posting a copy thereof upon the signboard maintained by him pursuant to Section 30 of the Town Law and as required by the provisions of subdivision 3 of Section 209-q of the Town Law. Section 3. This Order Shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: ; Councilman Del Rosso Voting Aye Councilman Desch Voting Aye Councilman Powers Voting Aye Supervisor Schwan Voting Aye The Order was thereupon declared duly adopted. It was agreed that henceforth the official name of these projects (I and II) would be Southern Cayuga Lake Intermunicipal Water Project. BIDS ON MOWING-TRACTOR ^ The Town Supervisor reported that advertisement for bids had been duly posted and published. Highway Superintendent Morey reported that three bids had been re ceived on a new mowing-tractor for the Highway Department — one from Ithaca Ford Tractor, Inc. in the amount of $4,895.00, one from Arsen- ault's Tractor Sales, Inc. (Brooktondale, N.Y.) in the amount of $5,762.15, and one from S. C. Hansen, Inc. (Horseheads, N. Y.) in the amount of $5,985.00. Mr. Morey said all bids meet the specifi-^ cations. Motion by Councilman Desch; seconded by Councilman Powers, RESOLVED, that the Town Board accept the low bid of Ithaca Ford Tractor, Inc. in the amount of $4,895.00 for mowing-tractor for the Town Highway Department. Unanimously carried. - 6 - March 11, 1974 COMPLAINT ON TREE Mr. James Van Orman appeared before the Board to speak on behalf of Mrs. Charles Hawk (presenting his authorization in writing to speak for her). Mrs. Hawk owns property on 7 Mile Drive. Her complaint is that the Town of Ithaca Highway Department cut down a ^ tree on her property without notice or permission. Mr. Van Orman j stated that Mrs. Hawk feels, under the circumstances, that an evalu ation should be put on the tree and that she should be recompensed. Highway Superintendent'Morey said .that it was listed and con sidered a dead tree at the time it Was cut down. Mr. Van Orman said it was a healthy tree, — a Japanese elm — planted some forty years ago, and had sentimenibal value as well as monetary value. The Board suggested that the condition of t;he tree should be determined, per haps by experts at CornelllOniveirsity. Mr. Van Orman said he would furnish a sample of the trOe for this purpose. Mr. Morey indicated he also had some brahches from the tree. Town Attorney Buyoudos said the Town will look into the matter, and follow up on it. He stiggehted that Mr. Van Orman should submit a formal complaint (in writing). Mr. Buyoucos said he would prepare such a form for Mr. Van Ontian'S use, and for his and Mrs. Hawk's pro tection. A copy of the fozimai complaint could be sent to I4rs. Hawk, who is out of the State. Meantime, the Town Board will attempt to discover whether the tree was a dead ttee or a healthy one, and then get in touch with Mr. Van Orman. EMERGENCY MEDICAL SERVICES PROGRAM John Miller, Tompkins County Fire and Disaster Coordinator, appeared before the Board to outline a plan for the proposed adoption of a fire and ambulance emergency number. He said they (Tompkins County Comprehensive Health Planning Council) are trying to bring to gether all services — fire, police, ambulance, or any other type of emergency call in the County. The number proposed to be used will be 273-8000. Attached to these minutes are two memos from the Tompkins County Comprehensive Health Planning Council outlining the proposed program. Supervisor Schwan said the Town Office will be happy to help with the typing of the telephone stickers which need to be dis tributed. REPORTS OF TOWN OFFICIALS Town Attorney Buyoucos reported that from time to time the Board members would be receiving from him memos with regard to the proposed Zoning Ordinance. The first memo will relate to the defini tion of the family. Mr. Buyoucos reported he had been in touch with John Marion's attorney about the easement the Town needs to go on Mr. Marion's property to improve the drainage and run-off that is creating prob lems for property owners below Mr. Marion's property. He has had no response as yet from Mr. Marion's attorney. Mr. Buyoucos asked Mr. ^ Kroohs to follow up on this matter. ^ I Planning Board Chairman, Barbara Holcomb, reported that the Planning Board will hold an executive meeting on the Zoning Ordinance on March 12. The intent of the meeting is to discuss the concept of the proposed Zoning Ordinance, rather than go through it again word for word. Mrs. Holcomb reported that the Town has on file a letter from Evan N. Monkemeyer, dated January 9, 1974, confiinning the agree ment that the developer of "Springwood" (Monkemeyer). would make all reasonable efforts to deepen, widen, and generally improve the exist ing creekbed on the property from a point west of the Monkemeyer line to the culvert at N.Y.S. Rt. 96B, and that the developer will follow the recommended cross-sections as outlined in the letter dated January - 7 - March 11, 1974 7, 1974 from Robert R. Flumerfelt of the office of T. G. Miller to W. S. Downing Architects, and that by improving the existing creek- bed, it will have an increased capacity flow of 92.3CPS, In his letter Mr, Monkemeyer also agrees to follow as closely as possible the six-month time tcUsle established by the Town Board resolution of December 10, 1973 for completion of work on creek dLmprovement. Mrs, Holcomb reported that a copy of the Flumerfelt letter referred to above is also on file in the Tovm Office. She noted also that there ^ is on file in the Town Office a copy of a letter dated January 7, 1974 from George W, Guest, Sanitarian, Tompkins County Department of Health, advising Mr, Mohk^eyer that Mr. Guest has been advised ver bally by the Regional Office'of the New York State Department of Health of the basic approval of the Monkemeyer water plain and that there will be some minor additional requirements. Mr. Guest's letter also says he has been vetbally advised of basic approval of the sew age plans by the Department of Environmental Conservation. The sew age application form, however, (according to Mr. Guest) will have to be submitted by the Town bf Ithaca rather than the project. (Mr. Guest enclosed sewage application forms for the Town's use.) ^ Mrs. Holcomb reported that there is a proposal how before the Planning Board by Mr. and Mrs. Thomas Bell for a family grocery store on the Elmira Road in the Mancini light industrial district. She said the first presentation was made at the Planning Board's meeting of February 26, 1974. There is a problem in that the land is zoned industrial and the Bell operation is Business. The Plan ning Board referred the matter to ^he Zoning Board of Appeals for an interpretation of the present SOning ordinance regarding the placing of a tetail store in a light industrial districts The Bells are to appear before the Planning Board on March 19 for preliminary site plan approval. After that the matter would come before the j Town Board. She noted that the Town Board is having a special meet ing on March 25, 1974 at which time a public hearing could be schedu led for April 8, 1974. Ken Kroohs, Planning-Engineer, reported that Mr. James Wylie, 1016 Trumansburg Road, has secured the signatures of the required property owners interested in the improvement of Campbell Avenue and its acceptance as a Town road. Supervisor Schwan suggested that a public hearing be held on this matter on April 8, 1974. Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the Town Board of the Town of Ithaca schedule a pub lic hearing 6 n April 8, 1974 at 6;30 p.m. in the Town Offices to consider a petition for the improvement of Campbell Avenue as des cribed in Schedule A of the petition. Unanimously carried. WATER PROBLEM - EAST KING ROAD Supervisor Schwan reported that Mr. Robert Boynton, 162 E. King Road, who has purchased a house west of the Beacon Hills develop ment finds that he has a well which is not producing any water. He has requested authorization to connect to the Beacon Hills main or « to cross the road and connect to the Town water main. The Town will I ! investigate costs and follow up on the matter. FOREST HOME DRIVE Supervisor Schwan reported that the Town has received a letter from the New York State Department of Transportation regard ing the discontinuance of State maintenance on Forest Home Drive. The letter states that if the Town wishes to retain the 25 miles per hour speed limit on Forest Home Drive, a joint request (with the Tompkins County Highway Department) must be received by the Department of Transportation stating the Town's wish to retain the regulation. When such a request is received, an Order will be issued stating that the existing 25 miles per hour limit will be the respon sibility of the Town of Ithaca to maintain. T-i' - 8 - March 11, 1974 ! Motion by Supervisor Schwan; seconded by Councilman Powers, WHEREAS, the State has discontinued maintenance on Forest Home Drive in the Town of Ithaca and has turned the jurisdiction over to the Town of Ithaca, and WHEREAS, the Town of Ithaca wishes to retain the existing 25 miles per hour Speed limit pn Forest Home Drive, and WHEREAS, S ^joint request of the Town of Ithaca and the Tompkins County Highway Depsurtment is required to retain such exist ing speed limit, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Ithaca make a request to the New York State Department of Transportation, pursuant to Section 1622ol of the Vehicle and Traffic Law, jointly with the Tompkins County Highway Department, that the existing 25 miles ^Sr hour speed limit on Forest Home Drive be re tained . unanimously carried. COPIER FOR THE TOWN OFFICE Supervisor Schwan asked the Board to consider the purchase of a copying machine for the Town Office. The sense of the Board was that^various copiers be looked into as to price, suitability to the Town s needs, etc. and then the matter will be considered at the next regular meeting of the Board. JUDD FALLS ROAD In connection with the Town's taking over Rt. 392, Mr. Mahr reminded the Board that at one time consideration was given to the Town taking over Judd Falls Road, and possibly the County would take over another road in its place. Supervisor Schwan said that Howard Stevenson, Tompkins County Highway Superintendent, said he would like to turn over Judd Falls Road, and take over Forest Home Drive between Pleasant Grove Road and Warren Road so that the County would have a complete loop. Mr. Mahr formally requested that the Town follow up on this. Supervisor Schwan said he would take up this matter with Mr. Stevenscn and find out exactly what he had in mind — possibly to take Judd Falls Road all the way to Dryden Road or maybe only as far as the Tower Road intersection or the Cornell University overpass. APPROVAL OF WARRANTS Motion by Councilman Del Rosso; seconded by Councilman Desch, RESOLVED, that the warrants dated March 11, 1974 be approved for payment in the following amounts: General Fund $ 7,168.02 Highway Fund 6,816.33 Water and Sewer Fund 205,884.80 Unanimously carried. ADJOURNMENT The meeting was adjourned to March 12, 1974. Edward L. Bergen Town Clerk