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HomeMy WebLinkAboutTB Minutes 1978-02-13 50 TOWN OF ITHACA REGULAR= BOARD, MEETING:. February 13 , 1978 - 5 . 15 p . m . At a Regular Meeting of the Town Board of the Town of Ithaca Tomp° kips County , New York , held at the Town of Ithaca. Off ices at 126 East Seneca Street. , Ithaca , New York , on the 13th day of February , 1973 , at 59. 15 p . m . , there were PRESENT : Noel Desch , Supervisor Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley . Raffensperger , Councilwoman Gust L . Freeman , Jr . , Councilman ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer/Building Inspector Liese Bronfenbrenner , Chairwoman , Planning. Board Robert * Parkin , Highway Superintendent Nancy Fuller , Deputy Town Clerk Beverly Livesay , County Representative Henry W . Theisen , County Representative John Miller , Fire & Disaster Coordinator ( County) Evan Np Monkemeyer , Developer Kenneth Young , Architect (Monkemeyer ) David Be Gersh , Attorney (Monkemeyer ) Kevin Rorke , Ceracche TV (ATC ) John `R . Radzik , Ceracche TV (ATC ) John Marcham , County Cable TV . Commission Arthur L . Berkey , 128 Christopher Circle rrs . T . H . Canfield , 100 Calkins Road R . R ® Gibbs , 135 Brookway Laura Hess , 205 E . T . Ithaca College Elva Holman , 141 Pearsall Place David Horowitz -Edward. W . King , Attorney , 317 N . Tioga St . Lt ® Col . Daniel Marvin , 1215 Mecklenburg Road . Elise Nieberg , 717 W . T . Ithaca College Mr . and, Mrs . James J . O ' Connor , 301 Blackstone Avenue Joel Silbey , 105 Judd Falls Road Sharon Staz , 117 E . King Road Susan Williams , 123 King Road East Representatives of the Media : Philip Lerman # Ithaca Journal Paul Harvey , WKCU Joel Meltzer , WTKO I ZSENT9. Andrew W . McElwee , Councilman APPROVAL OF MINUTES Motion by Councilman Powers , seconded by Councilman Del Rosso , RESOLVED , that the minutes of May 9 , 16 , 23 ; June 13o July 11 , 189. August 8 ,a September 12 , 26 ,* October 5 , 10 , 17 ; November 17 , 21fo December 13 , 423 , 30 , 1977 are hor� rehy approved . (Del Rosso , Freeman , Raffensperger , Valentino , Desch # and Powers voting Aye . Nays - none ) 5 I \ Town Board Minutes - 2 - February 13 , 1978 ANTI-RECESSION FUNDS - ALLOCATION Supervisor Desch reported that it is necessary at this time to allocate % $ 5 , 467 . 07 of Anti-Recession funds because of the Federal regulation that the funds must be spent within six months of receipt . He noted that the funds are restricted in the sense that they must be used for a continuation of services that are already provided by the Town . The funds cannot be used for new programs , such as a Town constable or traffic control . Supervisor Desch recommended that the $ 5 , 467 . 07 be used for retirement funds for employees because this item is under-budgeted for the current year . Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that Anti-Recession Funds in the amount of $ 5 , 467 . 07 ( 1977 funds ) be allocated for assistance to the Town of Ithaca retire - ment budget . (Del Rosso , Desch , Freeman , Raffensperger , Powers , and Valentino voting Aye . Nays - none ) PERSONS TO BE HEARD Mr . Berkey inquired as to the status of the Beacon Hills matter . ., Supervisor Desch reported progress has been made on the demolition ; garages have been demolished . Mr . Fabbroni reported that soon all the buildings will be completely removed . Sibley will de- velop proposals for restoration of the site . Sibley will need a little time since they did not take formal title until October of 1977 . Mr . Berkey inquired about current plans for traffic control . Supervisor Desch said there would be a report on that later . Mr . Berkey reported that the school sign on Christopher Circle is still missing . Mr . Parkin said it appeared that someone tore the sign downB a new sign is now on order . Mr . Berkey asked if there was a written explanation at this time with regard to the Bolton Point deficit . Supervisor Desch said there would be a report on that later in the evening . REPORT OF COUNTY REPRESENTATIVES Henry Theisen reported that the County Board of Representa- z ?ves have adopted a resolution supporting tax exemption of the Town ?�all4 The resolution was unanimously adopted . FIRST TOM NEWSLETTER Supervisor Desch read the proposed first Newsletter of the Town of Ithaca to the Board and the assembled public . The News- letter was well received by the Board . They felt the Town should proceed with the mailing . A copy will be sent to each household , names to be taken from the voter registration lists . J � ' Town Boardp`Minutes - 3 - February 13 , 1978 Motion by Supervisor Desch . . seconded by Councilwoman Raffensperger , RESOLVED , that the Town Staff proceed' with arrangements to prepare and mail the first Town of Ithaca Newsletter as outlined in the format and content presented at this meeting . ( Copy attached ) ( Del Rosso , Raffensperger , Valentino , Powers , Desch , Freeman. voting Aye . Nays - none ) SURPLUS DOG MONIES Mrs . Livesay reported that surplus dog monies in the amount of $ 2 , 054 . 57 have been returned to the Town of Ithaca . She has proms posed that all of the Towns allow the County to retain these surplus monies to be used to contract with the SPCA for round=thd -clock cover- age . The Town is still looking into this matter. TOWN SNOW REMOVAL PROGRAM Supervisor Desch read prepared material on snow removal. and asked the Board to discuss it . ' Supervisor Desch remarked on snow removal problems in the last couple of months and said favorable comments have been received regarding the work of the Town highway department . He said it will be necessary in the long range to use the problems .expetienced this winter to determine the level of service the Town can afford and idea- tify ways to provide that service . Snow removal trouble spots like Forest Home , Eastern Heights , and Snyder Hill Road were discussed , including problems with parked cars and the difficulty they cause when snow removal is necessary . During the discussion it was noted that ticketing cars is very effective . It is also very helpful if citizens will Call the Sheriff ' s Department and ask for the removal of illegally parked cars . It was suggested that one -way traffic might be given consideration for Forest Home area . Mr . Fabbroni and Mr . Parkin will look into this . Mr . Parkin presented a map of the Town of Ithaca showing the roads covered by the Town Highway Department . The Supervisor urged all Board members to study this map . A copy will be provided for :aach Board member . TgkTER BILLING PROBLEM - 307 BLACKSTONE VENUE - Mr . and . Mrs . James O ' Connor ??fir , and Mrs . James O ' Connor , 307 Blackstone Avenue , appeared before the Board and exhibited their water bills for the Board ' s re - view . They contended that the bills are excessive . A review seemed to indicate that their bills were higher than the average . Consider - able discussion did not reveal the reason for the high consumption . Supervisor Desch said the matter would be carefully investigated and that he would report findings to Mr . and Mrs . O ' Connor , APPOINTMENT TO COUNTY SEWER DISTRICT RTO . 1 COMMISSION Supervisor Desch reported that a replacement for Walter J . Schwan was needed for County Sewer District No . 1 Commission . Council ® woman Raffensperger indicated she was willing to serve . Motion by Supervisor Deschr seconded by Councilwoman Valentino , RESOLVED , that Councilwoman Shirley Raffensperger be and she hereby is appointed as the Town of Ithaca ' s representative on the County Sewer District No . 1 COmmISS10n . (Del Rosso ® Valentino , Powers , Desch , Freeman and Raffensperger voting Aye . Nays - none ) TOWN OF ITHACA - NEWSLETTER Mcucch 1 , 1978 The Town o Ithaca New�stetter -ins pub.eizhed to in4onm Towmpeopte o4 mattetus o4 pubt.i..c intetcest being eonsideteed by ours Town govvLnment . TOWN MEETINGS . Six meetingz in 1978 are zcheduted to be held at 7 : 30 p . m . at toeations in the zevehal netghbanhoodls o6 the Town as 6oaows : March 13 NoAtheatst School ApAit 10 Coddington Road Community Centers May 8 Town Highway Facitity August 7 . . . . . . . . . . . . . . . . . . . . . . . . Fone/st Nome Chapel September 11 NCR Ca6etetuia Octoben 9 . . . . . . . . . . . . . . . . . . . . . . . EZUZ HoUow Etdene.y Ho " ing n planning the agenda bon thew meeti.ng6 , the Town Board hopes to .i..nceude patcticuean .itemz neighborhood interest and Isu6 icient time ion dizcussion o any ,item which tocat govenn - nt zhoutd be invotved with . Through this New�stetten we hope you wilt hetp u/s pnepane bon then e meet i.ng/� . TOWN OBJECTIVES - 1978 . The 6oUowing tentative objecti.ve /s nepnaent tholse items which the Town govvLnment betieve/s nepnezent the mo/st important areas o6 eonsidenation in the yeah ahead . I { there atee omiz6ionz or you betieve outs emphazZ6 'G' s mizptaeed , pteaze tet u/s know . These are not tilted in order o6 prLin.ity . 10 PubZizh updated Zoning Ondinanee . 20 Imptement Pha5e 1 o6 Pak P&n , i . e . , Coy Gten acquii 6ition; DeWitt Junior High Schoot Recreation Site , 3 . Award 5 - area lsewetc, project eonttcaet . ( Bid opening about Apttit 1 . ) 40 Identi. 6y ttc4a66tic eontnot needs . 5 . Waters by1stem impnovementb - Gtenzide , Fonat Home , Judd Fa,tts . G . Devetop ptan o4 action to upgtuade Town Highway cane and maintenance . 7 . Devetop ptan to ,improve Pennzytvania Avenue . 80 Adopt TV Franchise amendment . 90 Con6tnuct Sa.et Storage Facit ty . 10 . In concert with Water Commtz /s .on , devetop 5 - yeah 4inanci.a,2 ptaz bon Botton Point /s y'5tem . ll . Appoint Town ComptnoUen and reorganize Town 066iee . 12 . + mptement new State accounting zydtem . 13 . Devetop baziz 6m opeAating and administetLing City / Town savage 6aei.eitim . 14 . Admini,6tnative impnovementz to the Sign Ordinance . 15 . Evatuate � easibit ty o { bus ns Asenvice to Northea6t and Hozptat . 6onegoing supplement the on - going mattez o6 day to day Town buzinM6 . Pteaze write to $he he Town Board any 6uggatio " you may have on these on any other .6ubject o6 pub.ei.c intetcei' t . TOWN COMMITTEES . Coders and Ordinancu Committee w.i.e,e, putisue Objective # 1 . Councitman Poweu ,ins the Chai) man . Ot ear Committee mem ergs are Couneitman De2Rozso ; Planning Board Chaitzwoman Bron - Cenbnennen; Zoning Board Chav man Fnancme; Town Engineers Fabbuni . Tra4 is ContAot Committee wiU puAzue Objective # 4 . Counei.eman McEtwee ails the Cha,innuul . Others Committee mem ergs are CouvLc tman Freeman; appointed Town peu ows are Joet Sitbey ( Forest Home ) and Robettt Spatding ( Pine Tree Road ) . Panhs and Open Space Committee wiU continue the devetopment o6 masten ptaws and .spec 6ic 5otutiov s tote pan and open space needs o4 our Town , inctuding Lecomnlendation 4on u/se o4 PaAk Reselwe Fundz and panLk operation poticy . Committee membets ake Counciewomen Ra66en,5perger and Vatentino , Counc &an DetRo6zo ; Ptanning Board membeAz BakvL and Maehezey; Town Ptanner Retstaino . REZONING - BUSINESS " F " ZONE . The Town Boated iz eo " ideA.Lng the nezoni.ng 06 30 aenu o6 ta•id at the inteuection of East King and Danby Roadz 6nom Bwsine z " C " to a new combination Residenee - Busine z " F " zone . This its a new concept which makm pnovilsion , under certain ccrr - d-itiow , 6m, combined res .identiae and bu/sinus u/se in common buitding/s . WN BOARD BULK RATE ,awn o Ithaca U . S . POSTAGE PAID 126 Eaat Seneca Street PERMIT # 555 Ithaca , NY 14850 ITHACA , NEW YORK i Notes from meeting of Traffic Control and Safety Committee - Town of Ithaca February 8 , 1978 The Town Traffic Control and Safety Committee was established by the Supervisor on December 2 , 1977 . Its charge was to . . " identify and evaluate the need for and cost effective - ness of traffic control measures , including , but not limited to , speed control and highway safety devices . " The members of the Committee , Messrs . Freeman , McElwee , Silbey , and Spalding met over the . next two months together and with various local government and law enforcement authorities . The meetings were with the State Police ; the Tompkins ; County - Sheriff , Justices of the Peace of the - Town . of Ithaca , with - - Cornell University , . - and = with- = the - Cayuga-- Heights :Police :Department . -- - In our discussions it became wery . clear to us that- before we can - make -- intelligent recommendations to the Board- . on this matter , a preliminary step is necessary : . - All of the authorities with whom we consulted agree . that it is necessary to take surveys of the amount and speed of traffic in the Town of Ithaca as the first crucial step to meet our charge . At this - stage , there fore - --.we are =-requesting - of the _ Town - . . Board that they authorize_ us_ to engage -in- such -a � survey._ To - - accomplish this we intend either - to borrow ..or- rent --radar-_equip- -= _- ment from - one of the other Maw . enforcement- authorities , .. and -we - , recommend that Larry Fabbroni . purchase . two recording - type traffic counters . This survey will be undertaken as soon as the weather ! clears - - as early in the Spring as possible . ` As soon as the survey is completed , the Committee - will I be able to formulate a series of proposals for the Board . t If area - residents wish - to furnish in - put concerning speed and - traffic movement , we will -' ask that they contact - the - - - � . Town of Ithaca offices . TRAFFIC CONTROL AND SAFETY l COMMITTEE � i ; I t ti I i' 5r 3 Town Board Minutes - 4 - February 13 , 1978 REPORT OF TRAFFIC CONTROL AND SAFETY COMMITTEE Attached to these minutes are notes from meeting of Traffic Control and Safety Committee on February 8 , 1978 . PUBLIC HEARING as 6s30 P . M . REQUEST OF ROCCO LUCENTE 'TO CHANGE NAP'IE OF WINSTON COURT TO SPRUCEWOOD CIRCLE Proof of posting and publication of notice of public hearing in this matter having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Desch stated that Mr . Lucente has requested that he be permitted to change the name of Winston Court to Sprucewood Circle for the purpose of presenting the area in a more suitable way to the public . The Supervisor opened the discussion for Board and public comment . (Mr . Lucente was not present for the hearing . ) Mr . John Miller , Tompkins County Fire and Disaster Coordinator , stated that it is most confusing , particularly in emergency situations , when streets and roads have similar names . He called attention to the fact that there is already a Spruce Lane in th e Town of Ithaca across from Texas Lane in the Northeast ; that there is a Spruceway in the Town of Ithaca on Coddington Road . He asked the Board to take this into consideration in making a determination . Mr . Berkey suggested , in the event the Board should grant the request , that the change become effective June 30 so that students would not have to have their address changed for several months . Supervisor Desch said he found no benefit for the Town in this proposals that it is not a routine matter to change the name of a road , particularly in an area which is for all practical purposes completely developed . It was noted , upon question by Councilwoman Raffensperger that the only people living on this road are the people in Mr . Lucente ' s Winston Court complex . When Mr . Lucente originally broached this matter , he indicated he would also change the name of the apartments to Sprucewood Circle Apartments . Councilwoman Valen - tino said she could see no benefit in changing the name of the streets that Mr . Lucente could still change the name of the apartments since apartments often do have different names than the streets they are on . She saw no reason , therefore , for the Town to go through all the pro- cedural steps required to change the name . No other persons wishing to be heard , the Supervisor closed the hearing , and the Board acted as follows ° Motion by Councilman Powers , seconded by Councilwoman Valentino , NSOLVED , that the request of Rocco Lucente to change the name of Winston Court to Sprucewood Circle is hereby denied . Mr . Berkey suggested that the Board might wish to defer final action on this matter until Mr . Lucente has had an opportunity to appear before the Board . It did not appear that Mr . Lucente ' s pres - ence would make a difference in the decision . Further , it was noted that if the request is denied fir . Lucente can make the request again . The voting proceeded as follows * ( Del Rosso , Raffensperger , Freeman , Desch , Powers and Valentino voting Aye . Nays - none ) The motion was thereupon declared duly adopted . 5" Town Board Minutes - 5 - February 13 , 1978 TRAFFIC CONTROL DEVICES Mr . Freeman reported that the Traffic Control and Safety Committee would like the Board to authorize the Town Engineer to purchase two traffic counting devices so that a traffic survey may be made before the Committee makes a definitive recommendation . Mr . Fabbro'ni said traffic counters would be most useful not only for the survey being considered , but generally in terms of subdivision review when traffic questions come before the Board . He said there ought to be a traffic counting program for all the roads in the Town on a cycle of perhaps four years and this type of equipment is what is needed to make those studies accurate . It appeared that funds are available for this equipment , either in the Highway Department budget or in the traffic control item . Mr . Fabbroni said there are several types of traffic counters available , that they might cost as much as $ 1 , 200 or $ 1 , 300 each . Councilman Del Rosso urged that a quality product should be sought rather than seeking the least expensive . He felt this would be the most economical in the long run . Motion by Councilman Del Rosso ; seconded by Councilman Freeman , RESOLVED , that the Town Engineer be authorized to investigate the merits of available traffic counting devices , select the best on the basis of quality and performance , and cost considerations , and pur - chase same , FURTHER RESOLVED , that should the cost exceed the amount permitted without bid by Town Law , the Town Engineer is hereby author- ized to advertise for bids on the required traffic counting equipment : funds to be allocated from the Traffic Control budget . (Del Rosso , Freeman , Raffensperger , Powers , Desch and Valentino voting Aye . Nays - none ) OPEN BURNING ORDINANCE Supervisor Desch reported there has been correspondence from Fire Chief Weaver with regard to the need in the Town of Ithaca for an open burning ordinance . The Tompkins County Sanitary Code makes provision for the restriction of open burning within 1 / 8 mile of the municipal boundary of cities and villages ,* towns are , therefore , not automatically covered . They must adopt local ordinances in order to have such a restriction . The Supervisor distributed material with respect to open burning ( relevant portions of the Sanitary Code ) . He requested that the Board members study the material and determine at the next Board meeting whether they would like to direct the Town Attorney to prepare an appropriate ordinance . REPORTS OF TOWN OFFICIALS Town Supervisor Supervisor Desch reported on the recent seven -day water emergency in the City of Ithaca , during which time the City received from the Bolton Point water system 22 , 400 , 000 gallons of water . He reported there are plans going forward to arrange a meeting between City of Ithaca officials and members of the Southern Cayuga Lake Intermunicipal Water Commission to provide for procedures for handl ® ing such emergencies in the future . PUBLIC HEARING v 7 ° 00 P . M . IDEMAN PROPOSAL v JUDD FALLS ROAD AND MITCHELL STREET Proof of posting and publication of a notice of public hear - ing to consider the proposal of George Ideman to modify the former P & C building on Judd Falls Road and Mitchell Street for a place of public assembly , including the addition of a 20 ft . building for snack bar and rest rooms , having been presented by the Town Clerk , the Supervisor opened the hearing . Town Board Minutes - 6 - February 13 , 1978 Mr . Ideman with drawings and maps presented his proposal . There was discussion with regard to the parking facilities in the overall area . Mr . Ideman contended that in actuality he had in over all parking more than is required . Questioners about lighting for the area r . Ideman pointed out on the drawings where the lights were located . The lighting appeared to be sufficient . Mr . Ideman pointed out the area which would be re-paved and that his ultimate aim is to re-pave the whole area since that is what the Planning Board required . Supervisor Desch said it appeared there is adequate parking in each individual area and overall , but he was concerned over enforcement of proper parking of vehicles in the spaces . Mr . Ideman had no par - ticular plan for enforcement , but he said every plaza has the same problem . He said the problem at his site was not so great because of the location of the entrance ? that both buildings are free stand - ing ; that there is a lot of parking area between the two buildings . Mr . Ideman said if he ever had sufficient business that parking be - came a serious problem , he would have a parking attendant . He said all parking spaces will be marked with painted lines . Mr . Berkey recommended that the Board consider carefully the overall traffic pattern in the area and to consider whether there are sufficient parking spaces for the total activity in the area . Mrs . Livesay commented that it would be a fine thing to restore the building to use . She said there is a traffic problem in the area which has nothing to do with Mr . Ideman ° s proposal . She felt the traffic problem in that area generally should be studied carefully by the Town Board and some solutions arrived at . She sug - gested an appropriate stop sign might help and said she was willing to work with the Town Board with the assistance of the County high- way commissioner to solve the traffic problems in this area . No other persons wishing to be heard , Supervisor Desch closed the hearing and decision on this matter was deferred . PUBLIC HEARING - 7a30 P . M . mV FRANCHISE - CERACCHE ( ATC ) - AMENDMENT Proof of posting and publication of notice of public hearing to consider the adoption of the amended TV Cable Franchise Agreement between the Town of Ithaca and Ceracche (ATC ) having been presenter) by the Town Clerk , the Supervisor opened the hearing . Kevin Rorke ( Ceracche -- ATC ) made a presentation explaining the three options now available to users of the Ceracche (ATC ) ser - vice .* ( 1 ) what is presently available , ( 2 ) the addition of 12 channels by way of a converter , and ( 3 ) combination with Home Box . It appears people with Home Box ( about 300 ) will automatically have to pay an additional $ 2 . 00 for the 12 additional channels . Mr . John Marcham ( TV Cable Commission ) reported that he had been asked to study the recommendations from ATC with respect to amending the franchise . He said his group was not asked to comment on the new options with regard to television service ; he said they would if requested . The Tompkins County TV Cable Commission has pre - pared a model franchise for the Town of Ithaca which embodies substan- tially what ATC has recommended . Mr . Rorke agreed that the proposed franchise is generally satisfactory apart from some minor points ' which are open for discussion . He said for the most part the pro - visions are those that are specifically set out in the Few York State Cable Commission standards . Tyr . Rorke suggested that there be some prefatory language which will definitely indicate that this is an it amendment " to the franchise . Mr . Marcham thought this would probably be appropriate . 5 Town Board Minutes - 7 - February 13 , 1978 Mr . Berkey asked what conditions are built into the franchise which would prevent a reduction in programming . Mr . Rorke said there is the provision of the New York State: Cable Commission on TV fran- chises which says that the franchised company shall not abandon any significant programming ; that ATC has agreed in the franchise with the Town and the City of Ithaca that they will continue the levels of service as they were when ATC purchased Ceracche TV . He said his company would have to receive permission from all the municipalities they serve in order to make any substantial change . Mr . Berkey said his concern is that ATC might change the program on a given channel . Mr . Rorke said ATC had nothing to do with that . They simply capture the signal put out by the major broadcasting networks who decide what to broadcast , the only exception being the public access channel . Mr . Berkey asked if ATC sells converters . Mr . Rorke said they do not . Attorney Edward W . King related a personal experience with ATC . It appears that through an error of one kind or another his service was disconnected even though he was not delinquent in his payments . He asked what protection a customer has against something like this . He said no cut-off of service should be made without notice , suggesting a 60 -day grace period for paying bills . He fur - ther suggested liquidated damages of , perhaps , $ 10 . 00 per day for discontinuation of service without cause or notification . Mr . Rorke apologized for the error in Mr . King ' s case . He said it was simply an error in the company ' s record keeping . He said there is now be - fore the TV Cable Commission a proposed provision on billing prac - tices . There was discussion of the response time to complaints . Mr . Rorke said the general policy of ATC is to respond within 24 hours . There was some discussion that an additional 12 channels is to a certain extent repetitive , but that there are some incre - mental services which will cater to individual tastes . Col . Dan Marvin noted that ATC has not had to spend any additional capital monies and that people will haveo. to accept the 12 additional channels and pay the additional $ 2 . 00 charge whether they want the additional channels or not . Mr . Rorke commented that there was an expenditure in that it was reflected in the purchase price . Mrs . T . H . Canfield , 180 Calkins Road , complained of the difficulty of having television extended to her area ( except at an exorbitant price . Discussion indicated there was no particular solu- tion to this problem except that covered in the formula of ATC for coverage . in low density areas . Mrs . Livesay commented on the confusion in the minds of many customers with regard to the billing procedures , particularly when concerned with a single annual payment . Mr . Rorke admited there are certain inadequacies in their accounting system and billing procedures and the accounts receivable system . He said there are " bugs " in the system which ATC is trying to rectify . No other persons wishing to be heard , the Supervisor closed the hearing and announced that a decision will be made in this matter at an adjourned meeting . MONKEMEYER PROPOSAL FOR BUSINESS " F " ZONE Mr . Evan No 114onkemeyer appeared with his Attorney , David Be Gersh , his architect and planning consultants to present his proposal . Mr . Gersh stated that the Town of Ithaca Planning Board , after exhaus - tive discussions and hearings , unanimously recommended to the Town Board that it create a new Business " F " zone which would permit a mix 57 Town Board Minutes - 8 - February 13 , 1978 of residential and commercial buildings . Mr . Monkemeyer illustrated the proposal with maps and drawings and described the parcel . Mr . Monkemeyer stated that his plan is not an unusual one . There are similar plans in many parts of the country . He said light indus - tries might locate thereo that there is an immediate market place at Ithaca College ® a demand factor . There was some concern about the particular kinds of uses listed for the two ares - - commercial and residential . Councilwoman Raffensperger , in particular , noted that there are uses indicated for one area which might seem more :suitable to the other area . Mr . Monke- meyer said the plan is flexible and the particularity of the detail was provided based upon the Town ' s recommendAtion .- I' ". w . Sharon Staz , 117 East King Road , distributed drawing and pictures to the Town Board to show the drainage problems on her property which she attributed , in part at least , to the develop- ment on the Monkemeyer lands . She related it began in 1971 with the re- zoning of some 15 acres on King Road East at which time there were some very distinct conditions which Mr . Monkemeyer was to fulfill . One of the the conditions was that the drainage ditch on the Monke - meyer property was to be dredged down to Danby Road . The other con- dition was that a buffer zone would be set in place by Mr . Monkemeyer . She said neither condition has been fulfilled . Mr . Monkemeyer denied that his operations have caused the drainage problems suffered by Ms . Staz , that the condition existed prior to any action on his part . He said the current problem is the result of an act of God and the overall drainage problem is the re - sult of the lie of the land ,* that Ms . Staz ° house is situated 20- 30 feet below the stream . The stream and the lie of the land is north and is the primary cause of the drainage problem on Ms . Staz ' land . Mr . Monkemeyer , upon question from Supervisor Desch , said that in his judgment he feels he has met the requirement with regard to the buffer planting , and further that he has not modified the drainage to the extent that it would create a problem . Supervisor Desch asked Ms . Staz if she thought the drainage problem has been compound - ed by construction on the Monkemeyer land . Ms . Staz said there is a change in the topography of the land and the construction and lay- ing out of parking lots had worsened an existing bad situation . She insisted the problem has been aggravated by the construction . She statede further , that the Town Board had made certain regulations which Mr . Monkemeyer has not adhered too that the Town Board should provide a mechanism for the enforcement of the regulations it makes . Supervisor Desch said this has been noted for the record . Susan Williams , 123 King Road East , disagreed with Ms . Staz and indicated that it was the natural situation of the land which caused the problem and not the Springwood construction . Elva Holman , 141 Pearsall Place , was concerned about the traffic Mr . Monkemeyer ' s development would generate on Aurora Street which , she said , is already overburdened . Col . Dan Marven said he felt that some of the traffic problem on Aurora Street could be al - leviated if there were a neighborhood business district above Ithaca College . He felt there is a need for the type of development pro - posed by Mr . Ponkemeyer . He noted that every other area with the exception of the West Hill has a shopping center that is adjacent to it. Col . Marvin said that although he had mixed emotions about the combination of residential and commercial development , it has been very successful in other parts of the country . Attorney David B . Gersh stated that Mr . Monkemeyer is willing to accept any regulations established by the Town Board with respect to drainage and other matters and will abide by any enforcement pro visions the Board might enact . He said it appears there are some r / - r Ty ` Town Board Minutes - 9 - February 13 , 1978 . disagreements on facts and causes but in terms of protecting the public from the consequences of drainage - problems , Mr . Monkemeyer will . be happy to work with the Town Engineer and will present detail - ed drainage plans . He asked the Board to consider favorably the adoption of a now Business " F" zone . He pointed -out that this matter has been under consideration for some two years and the present proposal is the result of numerous hearings , both formal and informal , that Mr . Mackesey at the last Planning Board meeting . , had commented that Mr . ' Monkemeyer has given the Planning Board and the 'Town Board exactly what those bodies asked him to produce . Mr . ) Gersh noted that the present meeting is an informational meeting (which is not required in the law ) , but he said they are happy to present the proposal in . this way . He hoped , however , that the Town Board would now make an acceptable decision so that the project may stet under way . He hoped the Board would also consider the other matter , the re- zoning from R- 30 to R- 15 of other Monkemeyer land . J Piro Monkemeyer ' s proposal was tabled at this time , to be reconsidered at an adjourned meeting on February 28 , 1978 . PHOTO-KIOSK '- SELF- SERVICE GAS ISLAND Mrs . Bronfenbrenner reported that no other proposal has been made to date " for the site in question ; that Mr . Stewart Knowlton would like the Town Board to schedule a public hearing to consider his request for the development of a photo-kiosk and self - service gas island on the East Hill Plaza , Tax Parcel No . 6 - 62 - 2 - 1 . 121 . Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that this Town Board shall conduct a public hearing on March 13 , 1978 at 89. 00 p . m . at the Northeast School to consider the request of Stewart Knowlton to develop a photo-kiosk and self- service gas island , on East Hill Plaza , Tax Parcel No . 6 - 62 - 1 - 1 . 121 , and in connection therewith a re° zoning from Business " C " to, Business " D " . ( Del Rosso , Freeman , Desch , Raffensperger , Valentino , and Powers voting Aye . Nays - none ) Clerk ' s Pdotea This public hearing was not held , pending determina- tion of the Zoning Board of Apgeals with respect to an interpretation of the Business D zone . _ -` -'- -- REFUND - J . ROBERT COOK AND NANCY B . COOKE UNDER " REFUNDS . SEWER AND WATER BENEFIT ASSESSMENTS IN CERTAIN CASES " - TOWN OF ITHACA ORDINANCE Supervisor Desch reported that an application for refund of water and sewer benefit assessment , one unit , had ' been received from J . Robert Cooke and Nancy B . Cooke , 142 Pine Tree Road , under the new mown of Ithaca ordinance making such a refund possible when the apartment is occupied by a relative and no rental income is being received . Motion by Councilman Powers : seconded by Councilwoman Raffensperger , RESOLVED , that a refund of one water unit and one sewer unit , a total of $ 98 . 00 , be made to J . Robert Cooke and Nancy B . Cooke , 142 Pine Tree Road , Parcel 58 - 2 - 11 , in accordance with Town of Ithaca ordinance " Refunds . Sewer and Water Benefit Assessments in Certain Cases . " (Del Rosso , Freeman , Desch , Raffensperger , Powers , and Valentino voting Aye . Nays - none ) TOWN BOARD MINUTES -. 10 - February 13 , 1978 TRANSFERS OF FUNDS Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that the following transfers of funds with respect to General Fund , Town-wide and Part Town 1977 Year End Transfers are hereby . approv_ed . TO FROM Budget Balance A1110 . 4 Justices A1940 . 4 Contingent Account $ 1 , 600 . 38 A1220 . 4 Supervisor A1940 . 4 Contingent Account 238 . 59 A1320 . 4 Independent Auditing A1940 . 4 Contingent Account 150000 A1450 . 4 Elections A145091 Elections 62 . 50 A1620 . 4 Buildings Town Hall A1940 . 4 Contingent Account 798 . 37 A1620 . 4 Buildings Town Hall A142091 Attorney 4 , 665 . 66 A1670 . 4 Central Printing & Mailing a A1420 . 1 Attorney 881959 A1910 . 4 Unallocated Insurance A1420 . 1 Attorney 2 , 210 . 15 A1910 . 4 Unallocated Insurance A1450 . 1 Elections 1 , 240 . 16 A1620 . 2 Buildings Town Hall A1330 . 4 Tax Collection 174 . 00 A1910 . 4 Unallocated Insurance A1330 . 4 Tax Collection 196 . 20 A1910 . 4 Unallocated Insurance A1410 . 4 Town Clerk 49743 A1910 . 4 Unallocated Insurance A1420 . 4 Attorney 1009 A1910 . 4 Unallocated Insurance A1440 . 2 Engineer 1 , 200 . 00 A1910 . 4 Unallocated Insurance A1620 . 1 Buildings Town Hall 96 . 00 A7140 . 4 Culture - Recreation- A7140 . 2 Culture-Recreation- Playgrounds Playgrounds 166 . 99 A7140 . 4 Culture® Recreation- A5010 . 4 Superintendent of Hwys . 13 . 14 Playgrounds _ A191094 Unallocated. Insurance A1920 . 4 Municipal. .Dues _ * . 25 . 00 A1910 . 4 Unallocated Insurance A5010 . 4 Superintendent of Hwys . ( 34 . 86 A1910 . 4 Unallocated Insurance A9040 . 8 Workmen ' s Comp . Ins . 698 . 00 B8020 . 1 Planning Personal 81990 . 4 Contingent Account 21177969 Services B9030 . 8 Social Security B1990 . 4 Contingent Account 22910 (Del Rosso , Freeman , ' Valentino , Raffensperger , Powers and Desch voting Aye - Nays - none ) DOUBLE -ENTRY ACCOUNTING TRAINING SCHOOL BATHE NEW YORK The Supervisor reported that Double-Entry Accounting Schools will be held at the Village of Bath , Bath , New York , April 25 , 26 and 27 and May 9 , 10 , 25 .* that Cynthia Schoffner should attend these schools . Motion by Supervisor Desch .* seconded by Councilwoman Raffensperger , RESOLVED , that Cynthia Schoffner , Town of Ithaca Secretary-Bookkeeper , is hereby authorized to attend Double -Entry Accounting Training Schools to be held at the Village Hall in Bath , New York , on April 25 , 26 and 27 and May 9 , 10 , and 25 , at Town expense . (Del Rosso , Freeman , Desch , Powers , Raffensperger , Valentino voting Aye . Nays - none ) JO d Town Board Minutes - 11 - February 13 , 1978 TOWN OF ITHACA WARRANTS Motion by Councilman Powers ; seconded by Councilwoman Valentino , RESOLVED , that Town of Ithaca warrants dated February 13 , 1978 in the following amounts are hereby approved : General Fund $ 57 , 439 . 36 Highway Fund . . . . . . > . , . . > . . . . , 19 , 247 . 36 Water and Sewer Fund 1701305 . 71 (Del Rosso , Freeman , Raffensperger , Valentino , Powers and Desch voting Aye . Nays - none ) BOLTON POINT UARRANTS Motion by Councilman Del Rosso ; seconded by Councilman Freeman , RESOLVED , that the Bolton Point warrants , dated February 13 , 1978 , upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , and after re - view by this Board , are approved in the amount of $ 39 , 746 . 03 in the Operating Account and $ 110 , 000 . 00 in the Construction Account . (Del Rosso , Freeman , Desch , Powers , Raffensperger and Valentino voting Aye . Nays - none ) BILLBOARDS Mr . Peter Grossman ( Buyoucos & Barney ) reported that the Suffolk Advertising Company , Inc . is involved in a town ordinance with respect to billboards . The town ordinance in question is strikingly similar to the Town of Ithaca ' s and it has been declared constitutional . This is , however , a big issue which will be appeal - ed all the way to the United States Supreme Court . That is why the Town of Ithaca has delayed in enforcing its ordinance in the hope that a definitive decision would be made and so that the Town of Ithaca could withstand a constitutional challenge . There may be alternatives for the Town of Ithaca based on additions and repairs and construction done without permits . Grounds which will be gener- ally cited by b3. 11board companies are the first amendment , equal pro - tection , due process , police power of the State , etc . The office of Buyoucos & Barney will follow this matter closely . REPORT OF TOTIN ENGINEER Mr . Fabbroni reported that he had spent a considerable amount of time , including week-ends , in the past month working with flood damage inspectors on the work done a year and a half ago . Supervisor Desch commended Mr . Fabbroni for the fine work he has done in putting the whole flood damage package and attendant records together . Mr . Fabbroni reported that on the Safer 0 £ f - System project projects have been submitted for Snyder Hill Road and Sand Bank Road in last year ' s program . It appears these projects have been approved by the County but they are still on review in Syracuse and in Albany . It is hoped approval will be received by the end of next month . The Snyder Hill Road project was to storm sewer the ditch on the steepest section of the road , roughly 800 to 1 , 000 feet ; the Sand - Bank Road project was a guards rail . Another project being submitted is the improvement of the Elm Street Extension crossing of Coy Glen . The hope is to stabilize the bank , widen the road , improve the align - ment , and plan an appropriate guard-rail . Town Board Minutes - 12 e February 13 , 1978 Mr . Fabbroni reviewed the new CETA procedures in connection with two CETA positions and questioned whether the selection process is equitable . Mrs . Livesay recommended that the Supervisor should discuss this matter with Mr . Hugh S . MacNeil , Chairman , County Board of Representatives . The Route 96 Committee now is giving its attention to two and four- lane alternatives to solve the problem on the basis of studies done in conjunction with the City of Ithaca traffic engineer . Par . Fabbroni reported building permits had been issued for one building and two additions for a total of $ 66 , 350 in January of 1978 as compared with one building permit for $ 37 , 000 in January of 1977 . He said since January is the slowest month and not typical that the numbers are not significant . WATER BILLING REFUNDS The Town Clerk reported there were a certain number of refunds due on water billings for various reasons (meter problems. , double payments , new owner and previous owner , etc . ) Therefore , the Board acted as follows . Motion by Councilman Powers seconded by Councilman Freeman , RESOLVED , that refund in the amount of $ 60 . 70 be made to Kopper Co . , Inc . , P . O . Box 493 ( property location 125 Vine Street ) . RESOLVED , that refund in the amount of $ 19 . 53 be made to Roger West - haven , 118 Eastern Heights Road . RESOLVED , that refund in the amount of $ 39 . 05 be made to Rowena Shen , 120 Burleigh Drive . RESOLVED , that refund in the amount of $ 64 . 08 be made to L . D . Van - vleck , 322 Winthrop Drive . RESOLVED , that refund in the amount of $ 42 . 96 be made to Satoshi Hashimoto , 1438 Hanshaw Road . ( Del Rosso , Freeman , Raffensperger , Valentino , Desch , and Powers voting Aye . Plays - none ) TOTAII SUPERVISOR ' S REPORT Supervisor Desch reported that the Town of Ithaca has now become involved very significantly in the flood problems of Fall Creek . Up until Thursday ( February 9 ) the City of Ithaca had pro - ceeded with all the remedial steps within the City of Ithaca without any in- put from any other agency , town , county or school . On Thurs - day a meeting was held with City of Ithaca , County , School and State officials . This meeting resulted in another meeting on Friday morn- ing with the State Engineers where it was agreed , based on the State recommendation , that efforts by the City of Ithaca be concentrated on re -opening the main channel . After considerable persuasion the State provided a funding level of $ 25 , 000 for a contract the City would enter into with a private contractor for the rental of equip- ment , bulldozers to open an access route through the Golf Course and a large dragline which would be able to extract slush ice from the channel by the foot bridge at the lagoon . The Town of Ithaca agreed that should that operation prove successful the problems of flooding in the Town would disappear . However , the Town of Ithaca , the School 6 � Town Board Minutes - 13 - February 13 , 1978 District , and the County agreed to move immediately to construct a sandbag levee around Boynton Junior High School to make sure the school would be protected in the event of a rapid thaw or in the event the City ' s efforts were unsuccessful . There was excellent cooperation from all groups and the Town helped get 20 , 000 sandbags to create a dike . The Junior High School is now protected so that the school program can continue without concern over the water con - ditions in that area . Supervisor Desch said he wanted , for the record , to commend the County for its cooperation , because within an hour of the decision to construct the dike , there was County equip - ment on hand to proceed with the work . ADJOURNMENT The meeting was duly adjourned to February 28 , at 5 : 15 p . m . Meeting adjourned at 10 : 00 p . m . EdWP%Vrd L . Bergen Town Clerk