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HomeMy WebLinkAboutTB Minutes 1976-06-07 TOTIN OF ITHACA
REGULAR BOARD MEETING .
June 7 , 1976
At a regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town of Ithaca Offices
at 126 East Seneca Street , Ithaca ; New York , on the 7th day, of
June , 1976 , at 7 : 30 p . m . , there were
PRESENT * Walter J . Schwan , Supervisor
Andrew We McElwee , Councilman
Noel Desch , Councilman
Victor Del Rosso , Councilman
Catherine A . Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
ALSO PRESENT . James V . Buyoucos , Town Attorney
Lawrence P . Fabbroni , Town Engineer/Building
Inspector
Barbara Po Holcomb , Planning Board Chairwoman
Robert Bonneil , Assistant to Town Engineer
Beverly Livesay , County Representative ,
11alter and Shirley Carmen , 1012 Trumansburg Rd .
R . Curtis and Jewel Gray , 657 Elmira Road
Richard Griffen , 146 Seven Mile Drive
John J . Turner , 240 Stone Quarry Road
Margaret J . Oaksford , 203 Itfuriel Street
Representatives of the Media
ABSENT . Robert N . Powers , Councilman
APPROVAL OF MINUTES
Notion by Supervisor Schwan ; seconded by Councilman McElwee ,
RESOLVED , that the minutes of Play 3 and May 10 , 1976 be approved
with the follow corrections . The minutes of May 3 to show that
the vacuum cleaner purchased as a " Pullman " , not a " Hoover " and
the minutes of Play 10. to show General Fund Warrants as $ 32 , 958 . 68
rather than $ 33 , 638 . 68 .
Unanimously carried .
APPOINTI�MINT OF ELECTION INSPECTORS
1140tion by Supervisor Schwan . seconded by Councilman McElwee ,
RESOLVED , that Republican and Democrat Election Inspectors and
Alternates , as approved by the respective Chairmen of the Repub-
.7. i. can and Democrat parties , ( list attached ) , are hereby approved
key the Town Board of the Town of Ithaca for the period July 15 ,
1976 through July 15 , 19770
Unanimously carried .
PERSONS TO BE HEARD
Mr . and Mrs . R . Curtis Gray , 657 Elmira Road , submitted
a letter to the Town Board , dated June 7 , 1976 , objecting to the
Town ' s proposed purchase of Seven Pile Drive property for a high-
way maintenance facility , on the grounds it will be a noise haz
ard , a dangerous intersection to travel , will create dust and
dirt . They say the road is too narrow , with little or no shoul -
ders . They say it is dangerous for school children who use the
bus . The corner is a blind approach to Elmira Road because of
high pine trees and shrubbery . mr . Schwan read the letter aloud
in full . Since the highway maintenance facility is an agenda
item , consideration of the Gray letter was temporarily deferred .
Town Board Minutes - 2 -- June 7 , 1976
fir . Walter Carmen , 1012 Trumansburg Road , inquired , with
respect to Campbell Avenue improvements , as to who authorized the
improvements . He said they had not been notified . He contended
that the original agreement with the people on the road had been
changed . He said he now has a problem with his septic field and
now has no room for his camper . Mr . Fabbroni contended the agree -
ment was changed in Mr . Carmen ' s presence . He noted , further , that
a drainage problem complicated the matter . In view of the differ -
ence of opinion between the Town Engineer and Mr . Carmen , it was
agreed the Board as a whole or individually would visit Mr . Car -
men ' s premises (with the Town Engineer ) to determine what can be
done at this time to alleviate the situation Mr . Carmen complains
of .
John J . Turner , 240 Stone Quarry Road , presented a peti -
tion with 23 signatures from residents of Stone Quarry Road and
West King Road requesting the Town Board to provide the residents
with water service . He said the people in the area have spent
money for many years for water systems that do not work . The
wells do not produce enough water to drink . One house does not
have enough bathing water . The people are trying all kinds of
make - shift arrangements to provide sufficient water , but these
arrangements are inadequate and inconvenient .
Supervisor Schwan said he and the Board sympathesized
with the people in this area . He cited , however , the difficulties
of bringing water service to Stone Quarry Road and West King Road
the rocky terrain , the expense ( particularly in view of the cur -
rent very high interest rates ) , the fact that there are no Federal
or State funds available for water systems . Mr . Turner said it
was his understanding that when the districts were dissolved , one
of the purposes was to bring water to areas such as this , the ex -
pense of which would be paid for on a Town-wide basis . Supervisor
Schwan agreed this was the case and the intents however , the in -
flated costs and excessive interest rates have made it almost im-
possible to do this at this time . He said it will be necessary
first to obtain an engineering estimate of the cost to provide
water to this area . After that it will be a question of whether
the people are willing to pay more than the present $ 23 . 00 a unit
for water and more than $ 50 . 00 a unit for sewer . It does not ap -
pear the service can be provided without an increase in the water
and sewer benefit charge . Supervisor Schwan recommended that Mr .
Turner discuss this with the people in the area and determine
whether they are willing to pay an additional amount for water
and sewer service . In the meantime , the Town will get an engine
eer ' s estimate of the cost to provide water and sewer service in
the area . The Supervisor said there is a possibility that Revenue
Sharing may be continued and some of that money might be allocated
to defray part of the cost .
Councilwoman Raffensperger followed up on Mr . Turner ' s
Point and asked if it was not the Town ' s policy to make water and
sewer extensions at a uniform benefit charge throughout the Town .
The Supervisor said that was the intent and the policy , and that
until the interest rate went " out of sight " the policy made sense
and could be implemented . At the time the districts were dissolved
r bond anticipation interest rates were 3 . 9 % to 4 . 3 % . Today bond
anticipation interest rates are running 7 % to 8 % . The interest
rate on bonds is also a factor . The Tom will not know until July
at what interest rates bonds will sell for . Councilman Del Rosso
noted also that it had been hoped that development would produce
more housing units and more revenue . The Supervisor noted that
prior to the increase in interest rates the sewer fund was gener -
ating a $ 30 , 000 to $ 40 , 000 surplus . At current interest rates
there is no surplus .
Town Board Minutes - 3 June 7 , 1976
Councilwoman Raffensperger pursued the matter , asking
the Supervisor if he was saying the Town of Ithaca cannot present-
ly make any water connections . The Supervisor said that was it
exactly , nor any sewer connections . It is the high interest rate
which has prevented the Town from proceeding with the proposed
sewering of five areas in the Town . The Town is still seeking
Federal and State aid for that project . Without it the project
cannot go forward -- unless the present benefit charge is raised
for everyone - in the Town and there is a question whether that is
reasonable , rational , or feasible . It appears to be the only
alternative at this time .
In answer to a comment by fir . Turner that he and others
in his area have been paying the nominal penny per thousand of
assessed valuation charge in anticipation of future benefit , Mr .
Buyoucos said that charge is being paid because the residents are
part of an area which is deemed to be benefited because there is
a plan for having water and sewer and the property values are
deemed to be increased by that amount . Because the whole Town is
now a " district " , the means of extending water and sewer lines
are much more simple than before . P4r . Buyoucos also noted that
it is not illegal to have a different rate in a particular area .
The discussion led to the following action .
Motion by Councilman Descho seconded by Councilman kicElwaee ,
RESOLVED , that the Town ,Engineer is hereby authorized to request
from Lozier Engineers , Inc . an estimate of their fee to design a
water and sewer improvement for the Nest King Road and Stone
Quarry Road area in the Town of Ithaca .
Unanimously carried .
Supervisor Schwan said the cost of the study would be
available at the next Board meeting ( July 12 ) , and in another
month or six weeks the study itself could be available .
Richard Griffen , 146 . Seven Mile Drive , voiced objection
to the proposed Seven Dille Drive highway barn site because of
heavy truck traffic , danger to children in the area , and the non -
.. central location . He suggested locating the facility on the
other side of Town Snyder Hill Road or Hanshaw Road areas .
Supervisor Schwan said the cost of land in the area cited
versus cost of land where contemplated is considerably higher . .
Further , in a Town shaped like the Town of Ithaca there is no
central location . There is no room for expansion at the present
location ; it is only 197 acres of usable land . Further , it is
necessary to build a pole barn in order to contain under cover
sand and salt and the mixture of the two in winter . Mr . Griffen
said the drainage on : the site is very poor . Supervisor Schwan
said this applies to the front part of the lot , but the facility
is proposed to be located at least 200 ft . back . Mr . Griffen
contended that $ 250000 or $ 30 , 000 in extra cost on the.. other hill
would be insignificant in view of the estimated $ 200 , 000 for the
completed project . Supervisor Schwan said it would require an
increase in the tax rate to finance the additional $ 25 , 000 or
$ 30 , 000 indicated by'' Mr . Griffen .
0 4tC
Town Board Minutes - 4 - June 7 , 1976
TOM HIGHWAY MAINTENANCE FACILITY
Mr . Fabbroni reported that he and Councilmen Desch and
McElwee on Thursday had looked at four proposals for consulting
services on the highway maintenance facility - - MacNeill , Tallman ,
Egner , and Bagnardi . It was agreed that each of the four prospec-
tive consultants should be interviewed and this will be done at
6030 p . m . on June 0 , . 1976 ,
Mr , Fabbroni also reported that soil tests were taken at
the proposed Seven Rile Drive site to determine suitability for a
septic field . Back at 400 ft . the area is suitable for a septic
field , and back 600 ft . it is suitable for a dry well . If the
building were set back about 425 ft . from the road there would be
enough room to plant a buffer and other types of visual barriers .
Since the other properties in the area are set back 50 ft . from
the road , the facility would be well back from them . This would
still leave plenty of room in the rear of the property where most
of the noise from trucks would arise . It was agreed any well -
drilling would be deterred until title to the land is taken . Mr .
Gray noted that his observations indicate it will be necessary to
drill at least 300 ft . for water .
REPORT OF COUNTY REPRESENTATIVES
Mrs . Livesay reported that the CETA position has been
extended through January 31 , 1977 .
The Supervisor and Mrs . Livesay discussed briefly bonding
for the new - hospital facility . Mrs . Livesay recommended that
Supervisor Schwan write a letter to John P1urphy , County Budget
Administrator , explaining his ideas regarding such bonding .
Regarding the highway maintenance facility , Mrs . Livesay
commented that although a public hearing on the matter may not be
necessary , the Town is not prevented from having one . The Super-
visor said the sale is subject to a permissive referendum and the
resolution to sell at public auction so states and has been pub-
lished as a legal notice . Supervisor Schwan said that after pub-
lic hearing on the use of revenue sharing money , it had been de-
termined to obligate revenue sharing money to the highway barn .
At the time there was criticism of the Board ' s priority system
and Councilman Powers said that someone had decided 30 or 40 years
ago what the " priority " was when it was decided the Town would
have roads and maintain them . That set the " priority' . Super -
visor Schwan said if the old facility were retained it would have
to be re-wired , locker rooms and wash rooms provided to comply
with OSHA requirements .
Mrs . Livesay asked if the Intergovernmental Relations
Committee was studying possible combination of highway maintenance
facilities . Mrs . Holcomb said they are only investigating whether
or not there are any ways to efficiently use equipment for snow-
plowing and road maintenance . It has not progressed beyond that .
Supervisor Schwan said there are about 40 miles of Town roads to
maintain . Consolidation is a possibility , he said , but ( 1 ) the
Town would lose the ability to have a highway department respond
through the elected representatives of the. Town when a call comes
in and ( 2 ) the trucks' presently owned cannot just be discarded ;
they must be used and housed somewhere . He said the Town is try-
ing to run a 1976 highway department in a facility built in the
early 201s . Actually there is not even the 1 . 7 acres of usable
Town Board Minutes - 5 June 7 , 1976
land because of a 15 ifte creek . The ability to move trucks on the
site would become almost impossible if the buildings were expanded ,
and in a short period of time it will became necessary to have
additional trucks and men .
Mrs . Livesay still questioned whether the highway main-
tenance facility is the highest priorityo Supervisor Schwan said
he feels it is at this time , considering the calls received for
snow plowing , road . and roadside improvements , etc . A new facility ,
he said , will not require an increase in the tax rate .
ACCEPTANCE OF TOWN ROADS - STATE AID RESOLUTION
Upon request of the Highway Superintendent for a resolu9
tion necessary to establish the Town ' s eligibility for State Aid
funds for highway maintenance , the Town Board acted as follows *
Motion by Supervisor Schwan , seconded by Councilman Desch,
RESOLVED , that the following roads in the Town of Ithaca have , by
resolution of the Town Board , been accepted as Town roads .
( 1 ) Sycamore Drive
( 2 ) Pinewood ' Place
( 3 ) Birchwood Drive North
( 4 ) Blackstone Avenue ® extension ( contingent
upon formal approval of deed )
( 5 ) Williams Glen Road
( 6 ) Fidler Road
( 7 ) Tudor Road - extension
and that Rosemary Lane has been abandoned bypthe Town Board , by
resolution , as a Town '' Road ; that this resolution with- respect to
the accepted Town roads has been made for the purpose of establish4
ing the fact that these roads are eligible to receive State . Aid
funds ,
Unanimously carried .
CO124ITTEE ON PARK
PROPOSALS AND PRIORITIES
Mr . Fabbroni showed the Board the Coy Glen study prepared
by Dennis Collitone He said this study is the most thorough ever
done . He said now is the time for the Board to take a stand in
the development of the Coy Glen area , particularly its preserva-
tion . He recommended that the Board establish a committee to dis -
cuss park plan priorities , especially Coy Glen , a committee which
would meet with the landowners involved . The Board appointed a
committee of three - - Councilwomen Raffensperger and Valentino
and Councilman Desch , with Councilwoman Raffensperger as Chair -
woman .
SIGN APPLICATIOIJ - °' FR2U4E FASIiIONS "
Mr . Fabbroni reported that " Frame Fashions " on East Hill
Plaza have applied for a sign 20 fto square on a storefront of 20
lineal feet . This is in compliance with the Town of Ithaca sign
law and Mr . Fabbroni recommended its approval . ( The Planning
Board , for lack of a quorum. at recent meetings , has not formally
approved this sign . )
Town Board Minutes - 6 - June 7 , 1976
Motion- by Counci -man Descho seconded by Councilman McElwee ,
WHEREAS , " Frame Fashions " of Fast Hill plaza has applied
for the erection of a sign 20 fte square on a twenty lineal foot
storefront , a ratio fully in compliance with the Town of Ithaca
sign law ,
NOW , THEREFORE , BE IT RESOLVED , that this Town Board
hereby approves the erection of said sign .
Unanimously carried .
SUMMER HELP
Mr . Fabbroni requested guidance on the CETA position held
by Mr . Bonnell . He noted there is field work which needs to be
done by two persons , so that it will be necessary to have someone ,
in addition to Mr . Bonnell in the summer . 14r . Fabbroni said he
has been having difficulty finding people for the two planning
positions which have already been authorized under the program
administered by Cornell University . There was discussion of
summer help for Pair . Fabbroni for about 10 to 12 weeks , and the
Board acted as follows :
Motion by Councilman McElwee ; seconded by Supervisor Schwan ,
RESOLVED , that the sum of $ 1 , 500 . 00 be transferred from part - town
contingency fund to the appropriate planning account to be used
for the employment of a person for a period of 10 to 12 weeks in
the summer to assist the Town Engineer .
Unanimously carried .
REPORTS OF TOTIN OFFICIALS ,
Town Attorney Buyoucos reported that his office is pur -
suing the Franciamone matter in the Appellate Court . Mr . Fabbroni
said it was his understanding that Mr . Barney is preparing a crimi -
nal action with respect to Mr . Franciamone . Supervisor Schwan
recommended that this matter should be moved along as rapidly as
possible .
Town Engineer Fabbroni reported on the following matters .
Abandoned Buildings . . Mr . Fabbroni recommended adopting
proposed Local Law # 2 - 1976 having to do with demolition or re -
moval of abandoned and dangerous buildings . The Town Attorney was
asked to prepare a resolution for the July 12 , 1976 meeting of the
Town Board , at which meeting the Town Board will schedule a public
hearing on this matter .
Building Permits . Permits were issued in May for three
homes and eight a di.tions for a total -amount of $ 175 , 650 as against
eight homes and eight additions for a total amount of $ 263 , 591 in
May of 1975 . .
Transportation Survey . As a result of the transportation
survey , responses were received from 472 households , not counting
180 households from East Ithaca last year . Seventy- five responses
are expected from Forest Home and the areas still to be surveyed
with the help of the Northeast Civic Association . Eventually one-
third of the households will have madam ie, .eponse which is a much
higher percentage of response than the usual survey . receives . The
results will be compiled and periodic progress reports will be
made .
Town Board Minutes - 7 - June 7 , 1976
Washout - Eastern Heights roads . ( Upon inquiry of Council -�
woman Valentino ) Mr . Fabbroni reported that the wash -out on the
steep part of Eastern Heights roads was the result of a broken
water main which has been repaired . The Highway Department will
restore the road this summer .
Priority List . A priority list will be available in two
weeks . ( Councilwoman woman Valentino recommended that the Zoning Ordi -
nance should be at the top of the list . )
tqr . Robert Bonnell distributed to the Board a summary of
" Notifications of Sign Violations " dated June 7 , 1976 (which is
made a part of these minutes ) .
r1r . Bonnell also reported on his research into the back -
ground of the sign for Turback ' s Restaurant , and read from Zoning
Board of Appeals minutes of May 23 , 1967 . Mr . Fabbroni recommended
approval of the sign in spite of the variance hearing of Play 23 ,
1967 (which was prior ' to " the present sign law ) since the sign as
it now exists is a legal sign , even with the addition of the credit
card insignia .
Motion by Councilman Desch : seconded by Supervisor Schwan ,
1n7HEREAS , "_'ur. back ' s . Restaurant • has made renewed application .
to erect a sign , . and
WHEREAS , said „ sign is in compliance with the present Town
of Ithaca sign law , and
WHEREAS , although the said sign has not been formally
approved by the Planning Board for lack of a quorum at recent
meetings , the Town Engineer has recommended approval of said sign ,
NOWT THEREFORE , BE IT RESOLVED , that this Town Board
hereby approves the application of Turback ' s Restaurant to erect
said sign as presented in its application .
Unanimously carried .
HIGHWAY BARN AUCTIO14
Town Attorney Buyoucos recommended that the Town Board
should reserve the right to reject any and all bias . Supervisor
Schwan •felt this would inhibit bidders and recommended instead
that the Town reserve the right to place one bid , since this is
an auction and not a sealed bid .
PLANNING BOARD MEETINGS
Mrs . - Holcomb reported that the Planning Board has been
having difficulty getting a quorum at recent meetings because they
are one person short due to the resignation of David Martin , the
fact that ter . Harris has been away ( but will return July 1 ) , and
the fact that Robert Christianson has been seriously injured and
will be in the hospital for five or six weeks , Research is being
done to determine whether legally the Planning Board could conduct
business with seven members . Only four , then , would be required
Town Board Minutes June 7 , 1976
for a quorum . Mr . Christianson could then be retained until he
recovered fully . Supervisor Schwan felt it would be more practi-
cal to ask him to resign , considering the legal difficulties . In
any event , Mrs . Holcomb said she needed help from the Hoard in
finding replacements either for one or two persons on the Planning
Board . The Board agreed to try to furnish some names . Mrs . - Live-
say suggested Mrs . Martha Oaksford as a possibility for the Plan -
ning Board , ii ZONING ORDINANCE C01!1ZITTEE
A committee consisting of Catherine Valentino , Victor Del
Rosso and Shirley Raffensperger was appointed to move along the
completion of the Zoning Ordinance . This committee will meet at
noon on June 21 , 19760
APPOINTMENT TO ITHACA YOUTH BUREAU
Motion by Councilmanl'� HcElwee ; seconded by Councilman Desch ,
RESOLVED , that this Board hereby appoints Robert R . Julian , 203
Salem Drive , as a representative of the Town .. of Ithaca on the
Ithaca Youth Bureau , uto complete the unexpired term of Herbert
Mahr .
Unanimously carried .
BOLTON POINT WARRANTS
The Board reviewed the Bolton Point warrants and acted
as follows :
Motion by Councilman , Descha seconded by Supervisor Schwan ,
RESOLVED , that the Bolton Point warrants , dated June 7 , 1976 ,
after review by the Town Board , and upon recommendation of the
Southern Cayuga Lake ' Intermunicipal Water Commission that the
said warrants are in ' order for payment , are hereby approved for
payment in the amount of $ 267 , 117 ° 36 .
Unanimously carried .
. W
TOWN OF ITHACA WARRANTS
The Board reviewed the Town of Ithaca warrants and acted
as follows *
Motion by CouncilmanDeschf seconded by er
Councilwoman ,Raffens er ,
P 4
RESOLVED , that the Town of Ithaca warrants , . dated June 7 , 1976 , _
be approved in the following amounts .*
General Fund . . . ,$ 161 , 535 . 03
Highway Fund . 0 . . . $ 22 , 172 . 22
Water and Sewer Fund . . . $ 4 , 507 ' < 66
Unanimously carried .
TOWN BOARD 1-1L'ETING HOUR
The Board discussed whether to continue scheduling Town
Board meetings for 7030 p . m . or return to the 5x00 p . me meeting
time . Supervisor Schwan did not think attendance was significant-
ly increased by the temporary change to 7030 p . m . Councilwoman
Raffensperger did not think attendance was the fairest , . way to
judge the matter . She said the question is whether or not it is
Town . Board Minutes - 9 - June 7 , 1976
convenient for the public to attend when there is a matter that
does interest them . A vote was taken on the question and Council
woman Raffensperger and Councilman Desch voted for 7 : 30 p . m .
Supervisor Schwan , Councilwoman Valentino , and Councilmen Del
Rosso and McElwee voted for 5 : 00 p . m . Therefore , the regular
meeting of July 12 , 1976 is scheduled for 5 : 00 p . m . It was
` noted , in passing , however , that public hearings or meetings
including matters of very special importance w6uld be held no
earlier than 6 : 30 p . m . Further , the agenda item " Persons to be
Heard " will be scheduled in the future for the latter part of the
meeting .
ADJOURNMENT
The meeting was duly adjourned until 8 : 30 p . m . on June 8 ,
1976 .
Edward L . Bergen
Town Clerk
Executive Session : The Board discussed extension of the CETA
position .
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