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HomeMy WebLinkAboutTB Minutes 1975-03-10 TOCara OF ITHACA REGULAR BOARD MEETING March 10 , 1975 At a regular meeting of . the Town Board of the To,�,mn of Ithaca , Tomrj';. src = County , New York , held at the Town of Ithaca Offices at 109 East Street , Ithaca , New York , on % the 10th day of March , 1975 , at 5 , 00 there were PRESENTS THalter J . Schwan , Supervisor Andrew W . McElwee , Councilman Noel Desch ; Councilman Robert N . Powers , Councilman ALSO PRESENT : James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer Barbara Holcomb , Planning Board Chairwoman Beverlly Livesay , County Representative Arthur L . Berkey , 128 Christopher Circle Mr . and Mrs . Herbert Mahr , 103 Judd Falls Road Henry 11 .Theisen ° Attorney- at -Law Stuart P . Harser , Managing Agent , Ellis Hollow Apts . Residents of Ellis Hollow Apartmentso Mara Brewer Flora T . Chase Rev . W . H . Chase Robina Coxt Harry Cox Mary Douglas Frank H . Douglas Dorothy L . Hayden Georgaline Kelley Jessie Ketcham Elizabeth T . Larkins Irtl.ne Simendinger HC .. . . y, 5 %mendinger ( Tenants Representative ) Lillian Wheat Radio , TV , and Press APPRC.)VA ., OF M11TOTES ? ioticn by Supervisor Schwan ® seconded by Councilman McElwee , RESOLVED , that the minutes of December 9 , December 12 , December 31 , )_ x 754 and Jahuary 13 , 1975 be approved as pre rented . Unanimously carried . Mrs . Herbert Mahr , 103 Judd Falls Road , read a statement in re<_Tard to the matter of dividing the Town of Ithaca into wards , as fir, llovis o " On Saturday the Town Attorney informed me that a resolu- tion to held . a special election on a ward system of government in the Town would not be presented at tonight ' s meeting . Since then I have consulted with members of the �i'ou.'r. Committee for Election by Ward , and as chairman of that gr %nup , I would like to report that your con- temiplated lack of action toizight comes as a surprise to us . The reason for this is that last October we met with Messrs . Desch , P,cElwee and DelRosso , and at that time these three gentlemen gave us their word that ' no later than March 10th ' (which is tonight ) , they . would vote affirmatively to hold a special election no later than April 15th ' . The question read . " Will you , regardless of the outcome of the election can November 19t_h and of your own accord , and no later than_ March lOt .Y± , 1x75 , set tba date of a special election to be held no later than Apz_ fi 15th , 1975 , for the purpose of voting on a ward Town Board Minutes - 2 - March 10 , 1975 system of government in the Town of Ithaca ? °° tie , therefore , fully expected that such a resolution would be acted upon tonight . In short you have not lived up to your side of the agreement . In the absence of some overwhelming logic that dictates not holding the elec - tion w.i;hin the agreed upon time , your choice of some other d-nte Yfteal - ly seems to us to be not only arbitrary but an act of bad faith . At the very least it seems that as a matter of common courtesy you. would have consulted with us as the other part,, to the gagreement so LL4. i� together we could have come to some ojleur ac;resc:nt art . 97 The sense of the Board was that flro . Mahr ° s allegation. of " bad ralth °° was not fair .since the Board fully intends , at its meet. ,1*19 of March 17 , 1915 to schedule a special election with respect to tie ward system for April 22 , 1975 . To;an Attorney Buyoucos cited the fact that the scheduling action could not be tz3ren at this meeting tonight , March• 10 , because the election must take place within a 40 day period after the scheduling . It was simply a matter of timing . Supervisor Schwan announced for the record that this meeting would be adjourned until March 17 , 1975 at which time a resolution w� 11 be adopted setting April 22 , 1975 as the date of a special town election with regard to the proposed ward system . WALKWAY - FLL :15 HOLLOW APARTMENTS Barbara Holcorb ® Planning Board Chairwoman , presented the following report of the recommendations of the Town of Ithaca Planning Board from its meeting of March 4 , 1975 ; " The consens s of the Planning Board is that the Town should construct a walkway from the Ellis Hollow Elderly Apartments to the East Ithaca Shopping Plaza . The Planning Board recognizes the, prob- lem of maintenance , liability and snow removal , and , therefore , makes - three recommendations in order of preference . °P1 . That an easement across the property between the Ellis Hollow Elderly Apartments and the Shopping Center be acquired , such easement to run from the location of the proposed loop road segment and the present entrance road to the Shopping Center from Ellis Hollow Road parallel to Ellis Hollow Road and inboard of the drainage ditch . This plan is recommended only if an agreement can be reached with Ellis Hollow Elderly Housing for snow removal and any liability in connection therewith . 2 . `il::=; c the samte proposed location be used for a walkway if the new oerlr: of this land , in his plans for development of this land , would incorporaj�e such ;i walkway and agree to do the snow removal . 3o hz; is if no agreements for snow removal can be made with psi i = s , other t:iiaiji the Toxin of Ithaca , for doing the work , then our :recommendation is that the wtZkwsy be constru :ted parallel to Ella NoJ low Rrcad , by undezg:rounding the drainage ditch and constructing the " this ditch location so that it can be plowed by Town road e4z: 1L" 1; e-vt when the road Itself is plowed . " Town Attorney Buyoucos was not sure whether the Town could take title to an easement for the purposes of a narrow walkway and said heawould' _have _,to look into it . When a question arose as to main- tenance of the walkway , Mr . Stuart Hrose , representing the management Of Ellis Hollow Apartments , said they could maintain it . Supervisor Schwan said he and the Town Attorney would look into whether the Town can legally build a narrow walkway and whether an easement can be ac - quired . BUS SERVICE FOR THE RESIDENTS OF ELLIS HOLLOW APARTMENTS Supervisor Sc�vA a:-; read two letters in support of bus service for the residents of Ellis Hollow Apartments , one from John Lychalk , President of Cayuga Lakes Chapter ## 292 of the American Association of Retired Persons , Inc , r and another also fron Mr . Lychalk , as President of Caroline Unit Senior Citizens , , both letters dated March 10 , 1975 . Town Board Minutes - 3 - March 10 , 1975 Supervisor Schwan called upon Mr . Stuart Harse , as a repre - sentative of the owners of the Ellis Hollow Apartments , for his com- ments . Biro Harse indicated that the management does not have funds to cover a transportation system . They have looked into working through the Red Cross , had applied to the Mate for three station wagons , had looked into taxis and the cost was prohibitive . They have also talked with the City of Ithaca to see what the)i might do . Mr . Harse noted that title to the Ellis Hollow Apartments would transfer in about a month to Suburban Finance Company of Massachusetts . Mr . Buyoucos asked fire Harse to furnish the address of the new owners . He recommended that fire Harse apprise the prospective owners of the conditions under which the project was approved and the conditions under which the tax stabilization was granted , particularly the require ment to provide transportation , and to advise them the Town can exert considerable pressure , if necessary , having in mind possible revocation of the certificate of occupancy , and a review of : the tax exemption granted . fir , Buyoucos also requested that Mr . Harse obtain from the owners an operating statement so the Town may determine what their net income is . B4r . Harse said he would - see that the information Mr . Buyoucos requested is furnished . Mr . Harse said the City had advised him to approach the - Town With regard to bus service for the project . It appears the City does I have excess equipment to put on a new line . Mr . Harry Simendinger , Tenants Representative , . recited the problems of the elderly , their isolation , their need to go shopping , to get to doctors and dentists , the expense they are put to to go downtown , and the hazard of walking along Ellis Hollow Road to get to the shopping center . He said they had talked to mayor Conley who said he wanted to do all he could for the elderly . fir . Simendinger said he and the residents felt the Town must fight for theme that they cannot afford to spend $ 4 . 00 to ride a couple of miles . Several others present made pleas along the same lines as sir . Simendinger ° s . Supervisor Schwan read paragraph ( 6 ) of the agreement between the Town of Ithaca and Groff Associates , as follows ° " If the public transportation carriers do not stop at the Project to pick up or dis - charge passengers , GROFF agrees to provide or arrange for adequata motor vehicle transportation for the occupants to and from the Project and the downtown area of Ithaca . shall be submitted to the Town Board plans for such transportation for approval . The plan shall provide ( for/such h transportationAasnmay be reasonably required by the Town and/or the Supervising Agency . The crie whether or not there is a need for such transporta teria shall be - tion , the available facilities , the cost to the Project , and the rea - sonable return from the Project available to the investors therein . " The sense of the Board was that the residents of the apart° ments and the Town Board both ought to work together to exert pres - sure on the City of Ithaca . The Town will ask them if they will try to run a bus , ask them how many passengers they need , and do whatever is possible with the City . The Town will also move to enforce , either With Groff Associates or the new owners , the provisions of paragraph ( 6 ) of the agreement signed when the project was approved . PUBLIC HEARING - MIEND14ENTS TO THE TOWN OF . ITHACA SIGN ORDINANCE Proof of posting and publication of the notice of public hearing hav� ing been presented by the Town Clerk , the Supervisor opened the hear - ing on amendments to the Town of Ithaca Sign Ordinance (Local Law No . 1 , 1972 ) . Town Board Minutes e 4 o March 10e 1975 Barbara Holcombe Planning Board Chairwoman , furnished the Board with a list of proposed amendments which were reviewed, b1 . .. the Board page by page and section by section . There was discussion of whether signs identifying subdivisions ' J ought to be continued after the completion of the subdivision and when the properties are sold . There. is also the problem of keeping such signs in repair . The Planning Board felt that such signs were a rea ° sonable use and they have become common throughout the country . They also appear . to be useful in identifying two apartment complexes in the same area . Mr . Arthur t . Berkey asked what the rationale was in permitting such signs and not allowing other types of signs , other commercial signs , billboards , and the like . Councilman Powers indicated that much of the discussion when the the ordinance was originally adopted re ° volved around billboards and some other types of commercial signs which are of an entirely.. different scope of size . Mr . Berkey asked how one would distinguish between a billboard and any other sign . Mr . Powers said that billboards normally advertise a product or ser® vice . Mr . Berkey questioned the necessity of identifying subdivisions . Councilmen Desch- said it could be useful for distinguishing between two subdivisions on a single public street with two driveways . Super ° visor Schwan said it is a far cry between a sign 25 feet square , which is only slightly more than 4 x 6 , and a billboard . Attorney Buyoucos said he would look into the matter of what might legally be done with respect to a sign which has fallen into disrepair and has become unsightly . It was noted that in subdivisions which have a Homeowners Association , the association would have the responsibility of maintaining the sign . Since after the review of the proposed amendments there were a number of questions the Town Attorney still wanted to look into , the sense of the Board was that the hearing ought to be adjourned to the next regular meeting of the Board . Motion by Councilman Desch ; seconded by Councilman Powers , RESOLVED , that the hearing be closed at this time , but adjourned to the next regular meeting of the Town Board on April 7 , 1975 when the hearing will be re -opened , in order to allow the Town Attorney to study further proposed amendments and for. . the Town Board to receive his recommendations . Unanimously carried. Town Attorney Buyoucos said he would welcome suggestions and recommendations from all concerned in this matter . PUBLIC HEARING - PROPOSAL TO ESTABLISH --- CAPITAL RESERVE FUND FOR HIGHWAY MACHINERY J Proof of posting and publication of notice of public hearing in the matter of establishing a capital reserve fund for highway machinery having been presented by the Town Clerk , the Supervisor . opened the hearing . Supervisor Schwan explained that the Town appropriates money every year as part of the Town budget for replacement of the machinery in the Highway Department . Because of delays in delivery , none of the money appropriated in 1974 for this purpose was spent . The purpose of the proposed capital reserve fund is to insure that money left over in the machinery account- will be available to purchase the machinery it was originally appropriated for . TOT-IN BOARD MINUTES - 5 - rlarch 10 , 1975 Mr . Herbert 4ahr , 10-3 Judd Falls Road , urged the Board to vote against the proposal . He felt that all expenditures were " going in one direction " - - Bolton Point ; acquisition of a new Town Hall , con ° templated addition to the highway barn , etc . He said there is a large part of the population interested in other priorities - - mass transit , traffic control , radar equipment , parks , police protection , playgrounds and playground equipment , and buses for the elderly . Councilman Powers suggested that Mr . Mahr had turned a proposal for a capital reserve fund for machinery into a platform for establish- ing priorities . MropPowers said the priority had been established long ago when the Town said , " ale will have roads . " The Board now is only proposing a capital reserve fund for machinery to maintain those roads . Mr . Arthur L . Berkey , 128 Christopher Circle , expressed concern that monies which might become part of a capital reserve fund could be expended without a public hearing and if that were the case he was opposed to it . Attorney Buyoucos said he would look into the legali - ties of the whole matter of a capital reserve fund as proposed . Mr *. Berkey , in passing , noted that he felt the Town Board public hearings are scheduled at very inconvient times ( generally 5s30 to 6000 p . m . ) . He recommended holding public hearings at about 7o30 p . m . Mr . Schwan noted that the capital reserve fund proposal in - volves only an attempt to preserve money unspent in a previous year ( appropriated for highway machinery ) for one purpose only , and no other - - the purchase of highway machinery . After some further discussion , the Board acted as follows ° Motion by Councilman Desche seconded by Councilman McElwee , RESOLVED , that the Town of Ithaca establish a capital reserve fund for highway machinery by transferring year end unexpended surplus funds from Account No . DM5130921 Item III , Highway Machinery , to the proposed capital reserve fund , contingent upon the Town Attorney researching the legalities involved and preparing a properly worded resolution to accomplish the establishment of such fund , to be known as Capital Reserve Fund- Highway Machinery , Account No . R- 5197 . 2 . Unanimously carried . Some further discussion ensued as to whether the fund could be added to without having a public hearing . Councilman Powers wanted to be sure it could not be added to without a public hearing . Supers ' visor Schwan said no additions to the fund were contemplated . No additional monies were being proposed . Only year end balances are being proposed . The idea is to retain machinery funds for the follow- . ing year . The auditors are in accord with this . CLOSING TRANSACTION - SECURITY MUTUAL FIRE INSURANCE COMPANY BUILDING - NEW TOWN HALL Supervisor Schwan noted that the purchase price of the new Town Hall was $ 138 , 500 , of which $ 6 , 925 has already been paid ( by an escrow deposit ) . Accrued interest on the security deposit brought the amount paid to $ 7 , 098 . 20 , leaving a balance due of $ 131 , 401 . 80 .. The Town proposes to borrow the balance due on a Revenue Anticipation Note . Supervisor Schwan noted that interest payments may not be made out of revenue sharing funds , only principal payments . Therefore , he proposed paying interest out of a contingency account . Mr . Berkey questioned whether money in a contingency fund could be used for a Town Hall . Mr . Schwan noted that contingency is an account which may be usedfor any legal Town purpose , anything not anticipated at the time the budget was prepared . Rir . Berkey questioned Mr . Buyoucos about this , but 14r . Buyoucos had no opinion at this time . Town Board Minutes a 6 - .March 10 , 1975 The Board then acted as followso Motion by Councilman Powers , seconded by Councilman McElwee , RESOLVED AS FOLLOWS . ( 1 ) That Walter J . Schwan , as Supervisor and - Chief Fiscal Officer of the Town of Ithaca be authorized to issue a Revenue Antici - pation Note in the amount of $ 131 , 401 . 80 for the purpose of borrowing funds to pay the balance of the purchase priced e , to Security Mutual Fire Insurance Company under the contract for the purchase of the premises known as 126 East Seneca Street , Ithaca , New York , which are to be used as the municipal building for the Town of Ithaca . ( 2 ) Such note shall be issued in anticipation. of the collec - tion and receipt of Federal Revenue Sharing monies for the fiscal year 1975 . ( 3 ) Ths . note is authorized to be issued pursuant to the provisions of paragraph ( d ) , sub -paragraph 1 , of Section 25 of the Local Finance Law . ( 4 ) It is estimated that the total amount of Federal Revenue Sharing funds which will be collected or received in the fiscal year 1975 is $ 157 , 716 , of which $ 74 , 681 . 40 is now held by the Town of Ithaca in a Certificate of Deposit maturing on April 1 , 1975 with accrued interest. thereon . ( 5 ) The note shall be due and payable not later than one year from the date of issue:. , and such note may be sold at either public or private sale at the best interest ' obtainable by the Chief Fiscal Officer provided that the interest does not exceed any limita- tion imposed bylaw . ( 6 ) The Supervisor and Chief Fiscal Officer of the Town of Ithaca is hereby authorized to execute the above note and. to make principal and interest payments on the note as Federal Revenue Shar - ing monies are received or are available . ( 7 ) In order to cover any contingency which may require additional funds for the closing for adjustment of real estate taxes which are due to the seller on premises , the Chief Fiscal Officer and Town Supervisor is . hereby authorized to issue such note in an addi - tional amount not in excess of $ 2 , 000 . 00 . MOVING PLANS - TO NEW TOWN HALL Unanimously carried . The Supervisor reported that the Town Offices would be moved from 108 East Green Street to 126 E . Seneca Street on Monday ., March 17 , 1975. The Town Highway Department would be called upon to do the moving . INTERNAL TELEPHONE SYSTEM - 14EW TOWN HALL The Supervisor indicated it appears the town will continue with three telephone lines , with seven phones , six on the first floor and one upstairs for the Town Justices . The other question to be de - cided is what type of intercom system to use , if any . Councilman Powers said he and Barbara Holcomb had worked out alternatives - - three plans . Plan I would be New York Telephone Co . equipment without an intercom , button . Plan II would be New York Tele - phone Co . equipment with intercom button . . Plan III would be contrac - ted commercial equipment ( Executone ) with intercom button . Mrs . Hol � comb distributed material covering the three plans . Councilman Powers recommended Plan II , New York Telephone Company equipment with inter- com button . After brief discussion , the Board agreed that Plan II appeared to be the most reasonable and the Town Clerk was instructed to advise the New York Telephone Company to install Plan II . Town Board Minutes m 7%. - March 10 , 1975 PROPOSED RESOLUTION ON FREEDOM OF INFOMATION Since this matter was discussed at a previous meeting , the Board only reviewed it briefly , and acted as fbllowse Motion by Supervisor Schwan ?* seconded by Councilman ..Powers , : ' )BE IT RESOLVED , that the following rules and regulations slidll apply to the public inspection and copying of such Town of Ithaca records as are subject to public inspection by law and shall continue in effect until altered , changed , amended or superseded by further resolution of this Town Board or otherwise as may be required by lac: o A . Place of Inspection . Such records shall be made available for inspection at the Town— Ithaca office . Be Time of Inspection .. Such records shall be made available for public inspection on regular, business days during regular business hours , if readily available . If not readily available , written request specifically describing records to which access is desired shall be filed with the Town Clerk ( or hi`s deputy ) , who shall produce same with- in five days of such request . Such written request shall be on the form prescribed by the Town of Ithaca . If the Town Clerk ( or h-Is deputy ) elects to refuse access ,, he shall submit to requestor written statement of his reason therefor within 48 hours of such request . C . Fees . ( 1 ) Copies . The Town Clerk ( or his deputy ) shall upon request make a copy or copies of any record subject to such inspec- tion and which can be copied on the Town of Ithaca copying equipment (maximuM size 8 -1/2 " x 14 " ) upon a payment of 25 cents per page . Any documents , maps , papers , etc . which cannot be copied in the Town offices will be supplied to the requestor after payment of actual cost of copy- ing , plus . a . service charge of $ 5 . 00 . If a copy or copies are desired thereof by the requestor , the Town Clerk ( or his deputy ) shall have the requested copies available air the ibwn offices within five days , ( 2 ) Certification . The Town Clerk ( or his deputy ) shall , upon request , cert yea copy of a document or record prepared pursuant to the provisions of the preceding subsection . D . To prevent an unwarranted invasion of personal privacy , unsAl such tizil- .: as the Committee on Public Access. to Records or other agency Promulgates guidelines for the deletion of identifying details for sr►ecifiea records which are � to be made available , the Town reserves the right to delete any identifying or other details which would con - stitute an unwarranted invasion of personal privacy . An unwarranted invasion of personal pri_�racy +.ncludes , but shall not be limited to ( 1 ) Dizclusure of such personal matters as may have been re- pQrteJ in =confidence to an agency or municipality and which are not R12 C.Q-L 0 _ ! ; l to the ordinary work of the agency or municipali - ty , ( 2 ) DLU closure of employment , medical or credit histories or Personal references of applicants for employment , except such records may be disclosed when the applicant has provided a written release per - mitti.rg such disclosure ; ( ; : Liio cCI P 04ure of ti w: ems involving . ;:he medical or personal records of a client or patient in a hospital or medical facility ; ( 4 ) The sale or release of lists of names and addresses in the possession of any department if such lists would be used for pri - va i.,e , cc.1E1,rC' .i. nl oL 4i. .'._["lr Purposes ;pO $ eS Town Board Minutes = 8 March 10 , 1975 ( 5 ) Disclosure of items of a personal hature . when disclosure would result in economic or personal hardship to the subject .. party and such records are not relevant or essential to the ordinary work of the department . ( 6 ) Such other items as may from time to time be adjudcea by statute , , court decision , or by any Federal , State , or local agency having jurisdiction in the matter , as an unwarranted invasion of pri - vacy . E . The Town shall maintain and make available for public in - spection and copying , in conformity with such lawful regulations as may be issued by the Committee on Pub1104Access to Records , a current list , reasonably detailed , by subject matter , of any records which shall be produced , filed , or first kept or promulgated after the ef - fective date of this article . Such list may also provide identifying information . as to any records in the possession of the department on or before the effective date o £: this article . F . In addition -to. such• requirements as may be imposed by this resolution or by Chapter 578 of the Laws of. 1974 , each board , commisslon or other group of the Town having more than one member shall maintain and make available for public inspection a record of . the final votes of each member in every agency proceeding in which he votes . Unanimously carried . DOG CONTROL ORDINANCE Attorney Buyoucos said he was still preparing material on a proposed dog control ordinance for the Town of Ithaca . Supervisor Schwan suggested the scheduling of a public hearing on this matter at the April 7 , 1975 meeting of the Town Board . Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that the Town Board of the Town of Ithaca will hold a pub- lic hearing on April 7 , 1975 at 700 p . m . at the Town offices to con- sider a Dog Control Ordinance for the Town of Ithaca . and to hear all persons for or against such proposed ordinance . Unanimously carried . FIRE CONTRACT WITH THE CITY OF ITHACA It was agreed that a meeting would . be worked out with City officials toward the end of the week on this matter , Councilman Desch and Attorney Buyoucos ( or John Barney , one of his partners ) to repre - sent the interest of the Town of Ithaca . RECIP7ZOC:AL AGREEMENT BETIZEN THE TOWN OF ITHACA AND THE CITY OF ITHACA ON EXEMPTION Supervisor Schwan noted that at the present time City property Within the Town of Ithaca and Town of Ithaca property within the City of Ithaca are taxed at 10 % of assessed value . Supervisor Schwan re� commended that the Town Board adopt a resolution that City of Ithaca property within the Town of Ithaca be completely exempt from taxation , with the provision that the City of Ithaca reciprocate with respect to Town of Ithaca property within the City of Ithaca . Plotion by Supervisor Schwan ; seconded by- Councilman McElwee , RESOLVED , that this Town Board resolves that it will notify the County Assessment Division that property within the Town of Ithaca ; owned by the City of Ithaca , shall have its assessed valuation for tax purposes reduced to zero . Unanimously carried . Town Board Minutes - 9 - March 10 , 1975 The sense of the Board was that the Town should have in hand before May 1 , 1975 a reciprocal resolution from the City of Ithaca . PROPOSED LUCENTE DEVELOPMENT ON PINEWOOD PLACE AND SHARONWOOD DRIVE Mr . Rocco Lucente appeared before the Board and reviewed with 1 them his proposed development on Pinewood Place and Sharonwood Drive , using map to illustrate . Mr . Fabbroni noted that IMro Lucente wants to complete the roads in the proposed development to Town specifications ; and that he wants to purchase a ; bohd or letter of credit to do the work that remains to be done . It appears this proposed subdivision was approved back in 1970 but was never registered with Tompkins County . Therefore , Mr . Lucente must go through the usual procedures , beginning with getting preliminary approval from the Town of Ithaca Planning Board . The sense of the Board was that it would be satisfied with a letter of credit in the amount of $ 17 , 000 ; there was no objection to Mro Lucente getting a bond if he preferred . On March 18 , 1975 Mr . Lucente will appear before the Planning Board for preliminary approval , Mr . Lucente said he would put in the laterals and bring the roads up to Town specifications in a year and that it would take five or six months to get ' the first houses built . AGREEMENT WITH ,CITY OF ITHACA RE YOUTH BUREAU Supervisor Schwan reported that to. date no contract has been signed with the City of Ithaca . The Town of Ithaca is still working with the State in terms of the actual money to be received in State Aid for Youth and Recreation for 1975 . Firm, .q figures will be avail - � - able at the next regular meeting of the Town Board - - April 7 , 1975 . APPOINTMENT TO TOMPItINS COUNTY AD HOC YOUTH AND RECREATION COMMITTEE Barbara Holcomb reported that rMrs . Catherine Valentino - is.- willing to serve as a representative of the Town of Ithaca on the Tompkins County Ad Hoc Youth and Recreation Committee . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that this Board hereby appoints Mrs . Catherine Valentino Of 110 Eastern Heights Drive , to the Tompkins County Ad Hoc Youth and Recreation Committee as a representative of the Town of Ithaca . Unanimously -carried , REFUND OF ASSESSMENTS Supervisor Schwan reported that Parcel No . 66 - 2 - 7 in the name of William A . & Alma P.R . z3cElwee , property at 108 Warren Road ', had been charged for two water units . It appears that this parcel is only 111 x 59 and based on the " averaging " principle in the formula used by the Town in figu.ring water and sewer benefit unit charges this parcel should be charged cane unit of water benefit rather than two . Therefore , $ 23 should be refunded to William A . & Alma Pie McElwee . It appears that the error in billing for two units arose out of the fact that this was formerly two parcels which now have been combined into one . ?Motion by Supervisor Schwan ; seconded - by Councilman Desch , RESOLVED, , that $ 23 ° 00 be refunded to William A . & Alma M , McElwee on Parcel No . 66 - 2 - 7r / property at 108 Warren Road , since this parcel was charged $ 46 . 00 ( Wo units ) in error , rather than $ 23 . 00 (one unit ) , the charge of one unit being based on the " averaging " principle in the formula used ' by the Town to assess water and sewer benefit charges , it being understood that the refund will be made after the tax bill is paid in full . Carried . (Councilman McElwee abstained from voting on this matter . ) Town Board Minutes 10 m March 10 , 1975 Supervisor Schwan reported that due to a clerical error Allen L . Johnson was assessed for water and sewer surcharges in the amount of . $ 14948 on his 1975 Town and County tax bill . Therefore , this amount should be refunded to him ( property at 1532 Slaterville Road ) . Motion by Supervisor Schwan # seconded by Councilman "-gcElwee , RESOLVED , that $ 14 . 48 be refunded to Mr . Allen L . Johnson , 153 ? Slater ville Road based on the fact that he was charged this amount in error on his 1975 Town and County tax bill , it being understood that no re ° fund will be made until the tax bill is paid in full . Parcel No . 56 - 3 - 8 : Unanimously carried . REDF14PTION OF REVENUE ANTICIPATION NOTE Supervisor Schwan noted that revenue sharing funds cannot be used to pay interest , only principal . Therefore , it will be neces � 4sary in connection with the purchase of the new Town Hall to pay intern est on the revenue anticipation note out of other funds , with a sepa- rate check . Therefore , the Board acted as follows . Motion by Supervisor Schwan # seconded by Councilman Powers , RESOLVED , that the sum of $ 1 , 100 be transferred for the payment of interest on Revenue Anticipation Note from Contingent Account A� 1940 . 0 to Account A- 1620 . 4 ( interest on purchase of property at 126 E . Seneca Street , Ithaca , New York , for new Town Hall ) . Unanimously carried . APPROVAL OF TOWN OF ITHACA Y-IARRANTS Motion by Councilman Desch # seconded by Councilman -McElwee , RESOLVED , that warrants dated March 10 , 1975 be approved in the follow® ing amounts ,* General Fund . . . . $ 68 , 728 . 10 Highway Fund $ 24 , 413 , 04 Water and Sewer Fund ' . . . . . . $ 229 , 597 . 17 Unanimously . carried . APPROVAL OF BOLTOM POINT WARRANTS Motion by Councilman Powers # seconded by Supervisor Schwan , RESOLVED , that warrants for Bolton Point expenses , heretofore reviewed and recommended for payment by the Southern -Cayuga Lake IntErmunicipal Water Commission , be approved for the following items in the follow ing amounts . Tompkins County Clerk Easements 22 , 50 Tompkins County Clerk Easements 10 . 50 Tompkins County Clerk Easements 248 . 50 Cynthia Schoffner Bookkeeping 114 . 75 . Edward L . Bergen minutes 160900 Sykes , Galloway & Dikeman Agreement & BANs 2 , 775 . 00 Stewart & Bennett , Inc . Progress Report # 1 96 , 088 . 61 Ithaca Tire Co . , Inc . Tire replacement , Lansing 152 . 15 Cayuga Crushed Stone , Inc . Crushed Stone 2 , 665 . 36 The Lehigh Valley Railroad Co . Temporary . Road Crossing 650 . 00 Security-Columbian Bank Note CoPrinting of BANs 571962 Lozier Engineers , Inc . Services Rendered 61937 . 31 Lozier Engineers , Inc . Services Rendered 1 , 606 . 63 The General Crushed Stone Co . Winter Prix 107 . 07 Town Board minutes 11 March 10 , 1975 Robert S , Boothroyd Agency , Inc . F . F . RR Liab . Policy 278 . 00 Chemung Supply Core Pipe 24 `° & 36 " 1 , 227 . 00 T . H . Green Electric Co . , Inc . Electrical Work 14 , 378 . 71 masciarelli Construction Co . Inc . Pipe and Stone 69 , 643 . 27 Total $ 197 , 637 . 03 Unanimously carried . STATEMENT FROM CITY OF ITHACA REGARDING FIRE CONTRACT Supervisor Schwan reported he had in hand a bill from the City of Ithaca for fire protection for the Town of Ithaca for the 1975 in the amount of $ 1361500 . The Board agreed to defer approval o payment of this bill to an adjourned meeting on March 17 , 19750 CENTRAL REGISTRY OF 0[AINERS OF UNDERGROUND FACILITIES IN THE TOWN OF ITHACA Supervisor Schwan reported that it is now necessary for all cities , towns , and villages in the State of New York to maintain a Central Registry of owners of underground facilities within their borders . This registry will be available to excavators and they are required to refer to it before any excavations are undertaken . Motion by Supervisor Schwan seconded by Councilman Desch , RESOLVED , that this Board hereby establishes the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , as the Central Registry of operators of underground facilities in the Town of Ithaca in order to protect such underground facilities from destruction or damage , in order to prevent death or injury to workers and the public , damage to private and public property or loss of essential services to the general public . The Central Registry so established shall be available to excavators at the Tom of Ithaca Offices , which Registry will .contain the names of the operators of underground facilities , the proper per - sonnel to contact , and emergency telephone numbers . It shall be the obligation of excavators to comply with Article 36 of the General Business Law and with the provisions of Industrial Code Part , Rule No . 53 before any excavation or demolition operation is commenced . Further , it shall be the obligation of excavators to give advance notice to every operator listed on the Central Registry of their intent to perform excavation or demolition work in a specified area in the Town of Ithaca . Unanimously carried . APPOINTI-1ENT OF OMER ' S REPRESENTATIVE FOR THE BOLTON POINT WATER SUPPLY PROJECT Supervisor Schwan reported that the Southern Cayuga Lake Intermunicipal Water Commission at its meeting on February 24 , 1975 had recommended that lire Edward J . LaVigne be appointed as acting Owner ' s Representative on the Bolton Point project ; that this recom mendation is subject to the approval of each of the participating municipalities , that Mr . LaVigne would be employed for two years at a gross annual salary of $ 18 , 000 ; that an employment contract would be drawn up outlining salary , duties , employee benefits , if any , which will be available to For . LaVigne and the terms of contribution thereto . Mr . LaVigne ' s employment is to be effective as of March 1 , 1975 . His appointment is at the pleasure of the Commission and subject to such approval as may be required by the municipalities . Supervisor Schwan . .r Town Board Minutes 12 - March 10 , 1975 read the resolution , in full , as adopted by the Southern Cayuga Lake Intermunicipal Water Commission at its meeting on February 24 , 1975 . Supervisor Schwan also reported that Mr . LaVigne had resigned from the Southern Cayuga Lake Intermunicipal Water Commission in order to avoid any possible conflict of interest . He will be replaced .on the Commission by Wesley C . McDermott , Supervisor of the Town of Lansing . The Board then acted as follows Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that this Board hereby approves the appointment of Edward J . LaVigne as Owner ' s Representative with respect to the Bolton Point project , as recommended by the Southern Cayuga Lake Intermunicipal Water Commission at its meeting on February 24 , 1975 , with the under - standing that the Commission counsel , James V . Buyoucos , will draw up . a temporary employment contract . Unanimously carried . CHANGE OF NAME OF ROAD HOPKINS PLACE TO CAMPBELL AVENUE Town Engineer Lawrence P . Fabbroni repor' tedr ' that he had a letter from Mr . Harold Jones , together with a petition from the resi - dents of Hopkins Place/Campbell Avenue requesting that Hopkins Place be renamed Campbell Avenue . Motion by Supervisor Schwanp seconded by Councilman McElwee , RESOLVED , that the Town Board of the Town of Ithaca hereby changes the name of Hopkins Place to Campbell Avenue . Unanimously carried . J The Town Clerk was instructed to make the appropriate noti- fications in accordance with Section 64 of Town Law , ( paragraph 9 ) . REPORTS OF TOWN OFFICIALS Mr . Fabbroni reviewed again the matter of the walkway for school children on Mitchell Avenue and Ellis Hollow Road . He noted that the County would put in the culvert if the Town will pay for the material . The Town would build the walkway and maintain it . Mr . Fabbroni asked for authorization to proceed on this basis . Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that I4r . Lawrence P . Fabbroni is hereby authorized to pro - ceed with the work of installing a walkway on Mitchell Avenue and Ellis Hollow Road with the understanding that the County will put in the culvert and that the Town of Ithaca will pay for the mai-.ar . als , which are estimated to be approximately $ 1 , 000o further_ that the Tow„ will . maintain the walkway . Unanimously carried . Mr . Fabbroni reported that the present wrapping on the water line under the Caldwell Road bridge in Forest Home has rotted away . The sense of the Board was that the line should be re -wrapped since the flow through it is not enough to keep it from freezing . Mr . Fabbroni said the County would re -wrap the line if the Town paid for the material . Motion by Supervisor Schwane seconded by Councilman Desch , RESOLVED , that the County of Tompkins be authorized to re-wrap the water line under the Caldwell Road bridge in Forest Home , the Town to pay for the materials required . Unanimously carried . Town Board Minutes 13 _ March 10 , 1975 Mr . Fabbroni reported that a notice of violation had been sent to a Town of Ithaca property with respect to a barn with four apart- ments in it . If the matter is not resolved between the Building In - spector and the property owner , a legal action will be ' instituted . Mr , Fabbroni reported he is still working on the Bolton Point project with respect o p t the site clearing required with respect to the water treatment plant . This work is just about completed . The Bolton Point project road is completed and is being maintained . It is now solidly stabilized . a i4 dk 1k Mr . Fabbroni reported that five permits for homes and two for garages have been issued for a total of ' $ 156 , 500 worth of improve - ments . He said this figure is inflated to a certain extent because William Stein builders applied for five permits for construction of homes on Tudor . Road . Mr . Fabbroni reported that the Beacon Hills project is being revived . It appears they must come to the Planning Board for a com- plete review again in view of the fact that their building permit has expired . Per . Fabbroni felt the Town should require structural inspec - tion by a third party at the expense of Beacon Hills . He said he would look into this . Mrs . Barbara Holcomb , Planning Board Chairwoman , called the Board ' s attention to a public forum on the designation of Fall Creek as a recreational region , to be held at New York State Electric & Gas Corporation auditorium on March 20 , 1975 at 7a30 p . m . She - reported that the conception of designating Fall Creek as a river appears to have been generally accepted , but there is question at the County Planning Board level as to whether or not it should be designated by the State Department of Environmental Conservation or whether it may be handled at the County level . . Firs . Holcomb distributed to each member of the Board a state - ment of policy with regard to parks and open space in the Town of Ithaca . She reported that , the Planning Board had adopted the policy . The paper , however , is a working paper , not a final document . She requested that this matter be presented on the Town Board agenda in April . She said the Town Board could adopt this statement as a policy . Robert Parkin , Town Highway Superintendent , requested authori - zation to prepare specifications on a backhoe , either new or used . He thought something in the $ 12 , 000 price range would serve the Town ' s needs . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that the Highway Superintendent be authorized to prepare specifications for a backhoe , either new or used , in the $ 12 , 000 price range , the Town Clerk to publish notice to bidders in accord ance with Town Law . Unanimously carried . Town Board Minutes 14. m r-larch 10 , 1975 BOCES SIDETIALK There was a brief discussion of the problem of maintaining the BOCES sidewak which runs from Warren Road to Winston Court and the problem the School District is having with the .fence . It was agreed that Highway Superintendent Parkin and Supervisor Schwan would discuss this matter with Paul Butler , Plant 14anager of the Ithaca City School District . REPORTS OF COtM7TY REPRESENTATIVES Beverly Livesay reported that the County Board of P.epresenta - tives had turned-down- the hospital rate increase . She said, however , the request would almost certainly be re - introduced: . The request for a rate increase was turned down for two reasonso ( 1 ) strong feeling that the operation of the hospital must be examined more closely ( a committee on Governing was appointed to do that ) , and ( 2 ) need to examine the manner in which equipment is ordered ( this was referred to a Budget Administration Committee ) , She said , further , that only about 30 % of the population pays the ratesip the rest is on Blue Cross and the contract agencies . She said if there is going to be subsidization of people on Blue Cross it , might be better done by the tax rate rather than the people who pay the room rates . Supervisor Schwan noted there had been a great deal of complaint about the hospital ' s billing system . Mrs . Livesay said the County Board of Representatives had been wrestling with that problem for two years . There has been some problem with the computer program system . Firs . Livesay said also that a committee will be appointed to look into the matter of what to do with the existing building when the new hospital is built . Mrs . Livesay said the future of the airport is something which will come up for very serious consideration and that the Town Board should be thinking about this and should want to have some in -put . She said Allegheny is asking for more and more in terms of equipment . They want to fly bigger planes in . They want a longer runway . She said the County Board of Representatives had voted to file an applica� tion with the FAA and the New York DOT for a grant assistance for such improvements , but that it did not commit them to the improvements . There was concern that if such improvements were to be made , there is no guarantee that Allegheny might not discontinue the service . Super visor Schwan commented that if Tompkins County wanted to keep Morse Chain and National Cash Register Company , it is necessary to have good air service for them . A4Y SOYRING APPLICATION Town Attorney Buyoucos reported that an application had been made by Mrs . Arty Soyring to the Zoning Board of Appeals on July 9 , 1974 requesting consent to the division of the existing lot at 847 Taughan- nock Boulevard into two lots . The Zoning Board of Appeals denied the application on July 17 , 19749 The matter went to the State Supreme Court and Mrs . Soyring ° s appeal was denied on technical grounds o Mrs . Soyring then applied for a variance on the basis of new information and the Zoning Board of Appeals denied her application . Mrs . Soyring made another appeal to the Supreme Court . Mr . Buyoucos said he would put in an answer and that he wanted authorization to proceed . Town Board Minutes - 15 - March 10 , 1975 Motion by Supervisor Schwan ° seconded by Councilman Powers , RESOLVED , that the Town Attorney be authorized to proceed to enter an answer to the appeal of Plrs . Amy Soyring to the Supreme Court of New York State , having been denied a variance by the Town of Ithaca Zoning Board of Appeals to split her property at 847 TaughannoclK Boulevard or in the alternative the granting of a certificate of compliance on the entire parcel containing five dwelling units . Unanimously carried . ADJOURNMENT The meeting was adjourned until 5000 p . m . on March 17 , 1975 . Edward L . Bergen Town Clerk