HomeMy WebLinkAboutTB Minutes 1978-03-13 TO=,Pkl OF ItUNCA
REGULAR BOARD 'I'117771 1r
Harch 13 , 1978 -- 7 > 3f) P . 11 .
At a Regular rleetinq of the Town Board of the ^oi-,m of Ithaca ; Tomp �"
kins County , New Yorke, held at the "lort'*%east School , 71int'i.ron nrive
Ithaca , Tdew York , -on the 13th clay of Tlarch , 1970 , at 7 ° 30 p . m . , there
were
PRESE111T a 140' 1 Desch , Supervisor
Andtew W . TicElwee , Councilman
�l �ctor Del Rosso , Councilman
=• ' ': Catherine Valentino ; .. Counciliproman
Shirley Raffensperger , Counc'ili,yoman
Gust L . Freeman , Jr . , Councilnan
Robert n . Powers , Councilman
ALSO PRESETIT , John C . Barney ( Buyoucos Barney )
Lawrence P . Fabbroni , Town Engineer/Building
Inspector
Robert E . Parkin , Highway Superintendent
penry Aron o 'Tocrm Planning Board
Robert Bonnell , Assistant to Toem Engineer
Beverly Livesay , County Representative
Nancy Fuller , Deplaty TolAm clerk
Gertrude M . Bergen , Deputy Totm Clerk
Bernard Stanton , Toi�.m Planning Board
Evan llonkemeyer .o 123 Z . 1. ing Road
David B . Gersh (Attorney for Monlp..erneyer )
John S . Ferguson , rond , Schoene:ck & Ding ,
Attorneys , One Lincoln Center , Syracuse ,
New York 13202
Arthur L . Berkey , 123 Christopher Circle
11r . and Mrs , Gordon Fisher , 413 Tlarren Road.
Barbara A . Xenneriv , 3 Sandra Place
Keith Kennedy , 3 Sandra Place
"1 . B . Greer , 905 Triphammer ?load
Joan S . K1une , 104' Brandywine Drive
Charles Levy , 312 T 17inthrop Drive
E . L . Rose :flonkemeyer ,; 1050 Danby Road
Shailer S . Philbric! 117 Texas Lane
T'arlin R . NlcEwen , 422 T-linthrop Drive
^ . S . R oberts , 106 Roat Street
Sharon Stavp , 117 E . ' inq Road
Susan Tlilliams , 123 Icing Roars. East
lien Young , Danby Road
Representatives of the "-le=3 is
Philip Lerman , Ithaca Journal
Paul I3arvey , '°TTIUTJ
Representative of T?TKo
SUPERVISOR ' S REPORT
Supervisor Desch said the purpose of havinq Town !3oar3. meet-
ings in different areas of the Town is to encourage nealghborhood
participation . Where possible , items of particular interest to the
neighborhood will be on the agenda . The Board feels strong neighbor-
hood associations can be very helpful . Parking in neighborhood areas
is more convenient than downtown Ithaca in .rios.t. cases . There will
also be an opportunity to test the 7030 p . m . starting time as against
the 5n15 p . m . starting ; ime . roleetings will be limited to three hours .
This will probably necessitate some adjourned meetings .
70
Town Board Minutes - 2 - March 13 , 1978
Supervisor Desch referred to the first Town ^lewsletters
noting that such a Jewsletter will be issued on a quarterly basis *
He encouraged comment on it .
An audit of the Bolton Point Construction Account is unfzer
way . The Operation and Maintenance budget is in the process of being
1.
audited . The overall budget will be contained in an annual report
which the Commission will be publishing in the near future .
Buyoucos & Barney will at a later date make a full report
on the outcome of the legal proceedings in the matter of the F2edical
Clinic on DuBois road ( proposed ) . The Appellate Division at this
time has upheld the Town ' s position .
The five° area sewer project will be rebid and the new hid
opening date is April 5 , 1978 .
The Board will be giving further consideration to waterline
improvements in the Glenside area where there has been a critical
pressure problem for years * it is one of the oldest systems in the
Town . Since it is a fairly extensive improvements the "'oc.m will be
looking for funding .
The Town Planning Board will be considering again a re � zoning
problem of Evan P2onkemeyer on South Dill - - a combined proposed new
Business `T " zone anci multiple residence . The Planning Board will
make a recommendation to the Town Board at the Town Loard ' s April
meeting (April 10 ) .
In April the County Assessment Division will be coming out
with new assessment values and they will put on a seminar to make
clear what is happening in one area of the Town in relation to other
areas . This seminar c-All probably be held a week after the Town ' s
April meeting . The Supervisor urged Townspeople to make their feel °
ings knovin on the new assessments .
APPROVAL OF 114"IMUMS
Motion by Councilman Del Rosso ° seconded by Councilman Powers
RESOLVED , that the minutes of 7ovember 10 an(I December 8 , 1977 and
the minutes of January 9 and February 7 , 1973 are hereby approved as
presented .
( ?gel Rosso , Raffenspergers Desch , Freeman , Powers McElwees and
Valentino voting Aye . Nays none . ) Councilman Freeman abstained
with respect to the minutes of November 10 and December 8 , 1977 .
He was not on the Board at that time .
REPORTS OF T(YT1T OrrIrIA.LS
Lavrr. ence P . Fabbroni , Town Engineer
and Build; ng Inspector
^ r < Fabbroni reported on moisture , leakage , and condensa-
tion problems with the highway facility skylights . He recomended
elimination of the skylights and going to a completely metal roof .
lie estimated it would cost about $ 800 to do this work . It was
agreed that Councilman iticLlwee would take a look at this roof and
skylight problem before a definite decision is made 72r . Parkin ,
Town Highway Superintendent , stated that elimination of the sky-
lights would not create a lighting problem*
7 /
Town Board minutes - 3 - larch 13 1973
14r . Fabbroni reported that a letter hall been receive) from
Iacovelli Brothers Contracting Co . , Inc . in further explanation of
their charges ( $ 1 , 355 .16 ) for installation of a sewer line across
Kendall Avenue . He said he had lookecl into this matter ant.' at this
time recommended payment of the billing . The consensus of the DoarO
was that the charges do not seem unreasonable in light of the wor?-
done , and that they should be paid , based upon the Town ^ngineer ` s
recommendation .
Plotion by Councilman Del Rosso ; seconded by Councilman Powers ,
RESOLVED , that charges in the amount of $ 1 , 355 . 16 submitted by
Iacovelli Brothers Contracting Co . , Inc . for the installation of a
sewer line across Kendal'1 - Avenue be paid
( Del Rosso , Raffensperger , rreeman , Desch , "TcElwee , Valentino . an.3
Powers . voting Aye . : .P .Tays - none )
Mr . Fabbroni reported the issuance of one builfiing permit
for a carport for $ 2 , 000 of improvements in Fabruary of 1978 as
compared with three one - family homes and one restaurant -bar in
February of 1977 for $ 132 , 000 . This has been a slow time for build -
ing , he said , because of the season and the weather .
1r . Fabbroni reporteO that the Town ?gas now received a
letter fron EPA authorizing rejection of the bids for the five - area
sewer extensions . He pointed out that t ?Ze lowest bid received was
50 % over estimate and the Town Board felt the bids received were
not reflective of a competitive market . The new bid opening will
be on April 5 .
P ? annina Board Chairwoman
" rrs . Bronfenbrenner ' s report was read by ;:Ir . Henry Aron ,
Tovm of Ithaca Planning, Board , as follows
" The mown of Ithaca Planning Board :
Town Board F7inutes 1.41arch 13 , 1979
°° Final action on these proposals was postponed until the
March 21 meeting of the+ Planning Board , pending Zoning; Board of
Appeals interpretation pf Section 35 of the Zoning Ordinance and.
further research Anto the matter by Planning Board members *
" The : next meeting of the Planning Board will be on March 21st
to discuss the two etas station proposals , the proposed amendment to
the Zoning Or(3inance to establish a Business " rl " zone , and other
business . "
BUILDING ,OFFICIALS , ASSOCIATION
SOUTHERN , TIER
?1Z` ; ; Fabbroni requested that the Board consider that t?ie Tocr:mc
pay annual ages of $ 10 . 00 for Robert Bonnell for membership as an
Active rtember ` _in the Building Officials Association , Southern Fier .
Motion by Supervisor Desch ° seconded by Councilman Freeman ,
RESOLVED , that the Town of Ithaca pay $ 10 . 00 annu.al.1y as a membership
fee for Robert Bonnellp Assistant to the Town Engineer , as an Active
Member of the Building Officials Associationv Southern Tier ( BOAST ) .
( Del Rosso , Freeman , Raffensperger , Valentino , Desch , Powers and
McElwee voting Aye . Nays -- none )
Highway Superintendent
12re Parkin reported receipt of first payment on the road and street signing program ( $ 81000 ) and said the Tovm should receive
$ 2 , 500 as a second payment on this program shortly .
3e reported that the stairt 'ay and rail have been installed
at the highway facility , but that the hoist is yet to be installed .
.?re Parkin reported on flood prevention work , grading , clean-
ing ditches , placing barriers between ditches and housing to direct
water into the roadways ° cleaning culverts .
t1r . Parkin reported that all the radio units have been re -
ceived , but there is still some minor wiring to be done .
Mr . Parkin reported that in April of " lay the Toitm will be
advertisina for bids on the front- end loader . He said he has been
looking at machines in the price range of $ 50 , 000 to $ 60 , 000 . Deli°
very should be made within a couple of months after award of bid .
`". own Att—ornev
John Barney reported that the Appellate Division has upheld
t1.1e '11olim : s position in the case of Gust Le Freeman , Jr . , et al ,
4 , pellants , v . Town of Ithaca coning Board of Appeals of Ithacan Mew
°orkv Respondent , and Michael Goodfriend et al . , Intervenors - Respon°
dents . He said Mr . Buyoucos will make a complete report at a later
date <
At the request of 1r . Buyoucos the following statement by
him is included it these minutes , as follows °
? 3
Town Board Minutes - 5 a " larch 13 , 1978
" John Barney will be presenting to the Town Boarcl a copy
of the decision of the Appellate Division involving the case of
Gust Freeman vs . thg Tc .vm of Ithaca and Tyr . Goodfriendt et al , con°
r
t of a medical clinic on DuBois Road .
cerning the ,.. establishme
-We will give you a complete report within the neat four
weeks in • order to clear up many misunderstandings about this case .
" Our function as attorneys for the Town was to uphold the
integrity'' ,.of , the process by which the Board of Appeals ( Town of
Ithaca ) ' * 'rendered its decision . Both the Supreme Court justices in
Binghamton to ,whom the 'case was first anp_ ealed and the Appellate
Division .;in Albany to which the case was further appealed uphelfl in
all respects the process by which the Board of Appeals made its
- decision . Certain thins should be made clear at this time , how
ever , pendingT . our f:anal report , namely , that this is not a commer -
cial developmehte The doctors are not developers ° they are .four
doctors seeXing to` jestablish a medical clinic in an area where the
zohirtg Taia' since its inception in 1954 has stated that a medical
Clinic may be established provided that five or six conditions are
fulfilled . The Board of Anneals very carefully made numerous find-
ings of fact which included positive statements that each of the
conditions for the issuance of a special permit were fulfiller! .
These findings of fact were unanimously adopted by the Board of
Appeals . Thus , to say that this is a commercial development sor.e�
how which is not permitted in this area is not to state the facts
correctly to the people .
" A full report will follow and perhaps some benefit may
be gained from the long process of this case in the enactment of
a new zoning law ,
Mr . Barney presented to the Board a copy of the decision
of the Supreme Court , Appellate Division , Third Judicial Department ,
referred to in Inro Buyoucos ° s statement above .
Traffic Safety and Control
" x . Freeman reported that this Committee is at an impasse
antil the traffic counting devices are available .
Mr_ . Fabbroni reported that he has looked into the matter
Of twZafflc counters and has talked to experts on the subject at the
of Transportation and will he making a recommendation
�-71 +- h rospt t to the purchase of such devices at a later date .
Upon question from Mr . Berkey as to whether the Board in-
ten s merely to " identify problems " in traffic safety and control
or ta';e action , the Supervisor said the Town will definitely take
action ; that the measuring devices being considered are a first stew
toward taking proper action .
Pars; Cor1mittee
Councilworlan Raffensperaer presented the following reporti
" The Part; Cor4mittee and the staff are proceeding t�Tith the
preparation of a grant request to noR ( ^ureau of Outdoor Recreation )
for acquisition o .r land in Coy Glen for park purposes . Land owner
contacts are being madey we are continuing our consultations with
7 �
Town Board Minutes - G - march 13 , 1978
BOR representatives , and are completing the assembly of the grant
materials for submittal , Spring 1973 .
" The immediate fate of the neTTitt Recreation proposal now
seems to lie in the hands of the School Board . They are in the tpro -
cess , presently , of making some very hard decisions , some of which
may affect DeWitt Junior High School . The Town of Ithaca has been
informed that the School Board will probably authorize the District ' s
submittal of the grant application and they have asked for our assistw
ance in assembling some of the necessary materials . T°1e are proceed -
ing to do that .
"` The East Ithaca Bikewav negotiations seem to be approaching
a successful conclusion . We are firming up the legal documents and
will present those to the 'down Board as soon as Possible . That
development was approved for this summer any! we hone to be al,-Ie to
meet that schedule .
" The Northview Road West park development is firmly scheduled
for completion this summer .
" The Park Committee will present a revised - tenativa Park
Plan and Priority Schedule to the Town Boar ? in April , "
Supervisor Desch noted that the Coy Glen proposal is making
progress basel on the approach used by the Town to get results . He
requested Town support of the DeTlitt proposal . Councilwoman Raffens -
perger said the School District has re - affirmei its support of the
proposal . She suggested that the Townspeople make their feelings
known to the School Board .
Mr . Berkey expressed concern about funding the Town ' s share
of the DeTlitt proposal , since he said revenue sharing monies have
been committed to the Holton Point deficit . He was assured there
are funding options available . Councilwoman Raffensperger said 1Ir .
Berkey could be assured that she will ask at the enil of this year
that revenue sharing funds be made available for park purposes . She
noted that the Town has not committed next year ' s ( 1979 ) revenue
sharing funds to Bolton Point . 2-11r . ITarlin NcEwen urged at least
a nubli. c informational hearing at an appropriate time since the
^oven ' s park program „ he said ', has changed significantly since its
inception . The Board agreed this would be appropriate since the
park project is different now in many ways .
"' rar%ls t Committee
Tha 11ort .Vleast Transit Committee has met four times , 11r .
rc:Frnan ra aorted . There is dialogue now between the Village of
Lansing ar�C t ':e City of Ithaca and this is encouraging . There are
tier e or four suggested routes for buses , all going back to the
Cite of I4 .1aca which is the " catalyst " since they have the bus
system . " ortheast people want to connect to downtown . A proposal
*11 ? be forthcoming for possibly two Causes , one from downtown Ithaca
to the Mr ortheast area an;3. one from the ?? ortheast area through Cor -
nell University to downtown Tthaca . The buses would run at half
hour intervals . fir . Freeman requested that contril-)ute
as much in-°Put in this matter as possible .
Codes and Ordinances Committee
Councilman Powers reported that this Committee will be
ready with a report for the April 10 , 1978 meeting .
Town Board Minutes - 7 - " Iarch 13 , 19743 !!!
;
PUBLIC HEARING - 3 30 Pvkie
REZf)'`� T `1G FR r'I R- TO` 81-15 - ? IOr1PF.'MYFR
Proof ,>pf posting ' and publication of notice of p,ihlic nearing
to consider , ;a , proposeA rezoning of approximately 31 acres of lane
from R- 30 " .to . R7w=15 as part of a cluster development proposal Tax
Parcel T1oo . 6 - 42 = 1 - 13 . 2 , Manby Road , adjacent to Ithaca College lane
(Monkemeyer ) , „was presented by the Town Clerk , who also presented
Affidavit 'of Service by mail to neighboring an(I other interested
parties .
The Supervisor thereupon opened the hearing .
Mr . David Ge3resh , Attorney , appeared on behalf of Mr . Monke -
meyer to request that the Town Board approve this rezoning and to
answer the , s;oonderne that the Board. might have . He noted. there ha.'
Y
been :seyer' a�l preliminary meetings and emphasized that the Planning
Board -has already given unanimous approval to this rezoning and has
rec . .1mended it to the Town Board . ( This is the ` Oak Ridge ” project . )
Supervisor Desch explainted that if the rezoning is approved
the developer must then present a site plan to the Planning Boar.'
for their approval . It is at this time that the developer must in -
d3cate all the specifics of the site layout , the drainage , density ,
aceo`ss , etc .
Mr . 'Monkemeyer distributed material to the Boars' - - Acreage
Breakdoinj including rights of way , lots , bikeways , open space .
Councilet7oman Raffensperger said that the Town Board and the
Planning Board had had a great deal of input from Mr . ! lonkemeyer on
this proposal ° that the Planning Board has recommended its approval
unanimously , anal that this Board ought to proceed with its approval .
Motion by Councilwoman Raffensperger ; seconded by Councilman McElwee
RESOLVED , that this Toism Board hereby approves the rezoning of
approximate `y 31 acres of lane' from R� 30 to R- 15 as Part of a cluster
development proposal , Tax Parcel ?:1o . 6 - 421 ° 13 . 2 , Danby Road. , adja-
cent to Ithaca College land ( Monkemeyer ) .
( Raffensperger , McElwee , Powers , Desch , Valentino and Del Rosso
voting Ave , Freeman - Nay . )
C KIST-MDI'yFR CIRCLE
The Supervisor requested that the Town Board authorize
re -lbi iding paining the Christopher Circle Tank . re said he would
like to see the ;project bid between April 3 and 10 ,v bid opening
1e bi award , tgay 3 . contract signing , i4ay 15 commencement of
. �winL" ing July l ;, and completion of thn project by August 31 , 19730
" he a::-�ount budgeted ifor tads project is $ 20 , 500 .
I�-Lwltir.-%n by Councilman 1-tcPlwee ° seconded by Councilman Freeman ,
RESOLVED , that this Town Board hereby authorizes the painting of the
Christopher Circle Tank and recommends that an advertisement for" bias
be published at the earliest appropriate time .
WcMwee , Freeman ... Del Rosso Powers , Raffensperger , Desch and
Valentino voting Ave * :lays - none )
Councilman D1cElwee recommended that the Town have all its
tanks painted on a rec_ ular schedule at appropriate times . Mr . Fab-
broni said this could be arranged , although all tanks would not be
re - painted on the same cycle . The Supervisor said inspection should
be made on a certain cycle to determine the work to be done and the
work budgeted in accordance with a program .
Town Board. Minutes m, ; 'arct, 11 , 107 "
Per . Berke inrTUYre� why , 0 , 500 is T n,9.gete< .. r�, jvien the original
project was for 5� 12 , 7 27 . It was noted. that originally tha paint
was already available r noTvi it is included in the bul '. crete-�. rmo,
a "Int
The paint is included in the proposal no,,.,, so that sl, oull anY nro'AeYt
arise T�ith respect to the ;faint , the contractor T. . o�TIc' < v responsif�-tl n0
The ` paint- ; now on hand. will be ;user. at t?Z� ToT,.Tn '�. iclhTTav fa ^ ility or
at the Bolton Point plant . 111r . Berkey said. ; oven inclu.' in(-T the
paint. there : is a 5J o increase . Supervisor r� esc;h sais'. t 'Aere is a
certain contingency in the budget since b1l.. s ger±erally are cor inn
I
n high. I. ro, Barney ( '3uyoucos & Barnev ) note '. it tT s cr�? ite nossi'>> 1r'
the the . oricjinal`�� id Pof trirginia erection ^or�oa�zy was TAM?zsztalls� IoT:T .
That cor:pany is ' noT,17 :involved. in a bankruptcy 7)rocee " ing .
" are Berkev e:cpressed concern over the str:actura. l integrity
of the tank since it appears the tank needed to painter". as lone!
ago as June of 1972 . Supervisor Desch assureol hir%. of the structural
integrity of the tank . Re noted there Tt-yere nrohlerns in 1971 T'yitw%
thA City of Ithaca and its concern over pressure and ar.equate T,,7at!3r
supply if the tank were d.raTm d.o,,Tn for painting . The Supervisor
said the tank is not significantly T1TorsA structur_ 311vy than it T ,ras
in 1972 that there is no risk of the neecl for a n3mil tanl= after it
is painted .
P'UMIC k'rARI7r, m O ° 4- 5 P .
11091'7r ,T-yrR 'A.117 ('n LDT'TY P7ZOPOS&L
Proof of ;Hosting and publication o *` notice of public 'searing
to consiO.er a request of Herbert ann. Lenora T-lon%emeyer ( 'van 7.7 .
Monkemeyer as Agent ) to rezone approxin.ately 1 . 05 acres of land from
Business District " C " ,C Residential District P.° - 9 an�.l Resi6ertial Dis �
trict 11t- 35 to ' lultiple l esi,lence District , was presented by the ToTAm
C' lerko together with an Affidavit of Service mhy TIail to neiRa�??orincj
and interested parties .
'-'' he Supi.arvisor thereupon opened the hearing
The Board expresses' concern over Mr . ,' konkemeyer having pro
ceeded to eXpand. the ` .Art Colony " without getting a huilllinn permit .
Tie ,Ias taken to task on this hatter by Councilman Powers and Council °
nan Powers was supported in this stand by Councilmen Del Rosso and
^ .Leeman . ^ ouncilwoman Raffensperger said she had concern on the
sure score , but that the it7ork done by 71, . MonkesMaver unarad. &9 the
area rather than doT::rngrad ing it . Supervisor Desch note) also that
n2aiu'.ahorhooc? reaction ?gas been favorable . It appeared. from state °
�ex� ts frog: r . �'=ers?.z any Tyr . Tionkemeyer that the e-mansion ToTas O. one
on the a:' ^ e o `1 'van F:'onkemeyer ° s father ( an attorney ) that the
aor 'a Tlour' not be illegal . " lr . rersh notes? that although. T ?r . 1%lonke
z:�ey r ( Sen o ;x: ) was an attorney his expertise was not specific; to
m snic aT.a _ t1lat roan ' ;onkemeyer ,eras continuing and expanding the
Al'. '� vo A_ r� " as a project his ° other ( noT .T deceased ) laar? initiatal .
"= he Supervisor as', ev". for corwient from the pudic .
-:.As . Staz agreed. T.aitll the hoar ! that ""7r . Monkemeyer was i-'Yell
aTi. Aa�-e of the ra:�ulations when he proceeded with the illegal expansions
.lid sax- , taoT-Tever , that the nroject is a ` handsome settlement "
-teat has 1rnroved the site ° that it dour nro?: a'�) ly be just as well
to mkake the project legal . ' oT,?3ver she reco uaenled strongly that
t1he boar- shoT.ag:' tale all possible steps to prevent a situation li':^
this fror^ (". evelopinc; in the future . Supervisor Desch sairl the de °
veloi .°►esnt could be a proved T-Jith a condition that T,-:7ouIrl limit its
4.expansion . Councilwoman Raffensperger T.,yas concerned , as ts . Stan ,
over how a situation alike this night be prevented in the future .
Supervisor. Desc7-1. felt tl .e Board coulee. base its juric'rrlent on v7het ',1 :r
the development is co: uati;An with the neigh'^orhoor . Councilmen
Freeman and Del Rosso felt this Tgas not the point . CouncilT.-Tor'an
Raffensoerger sail she il.vould. be iAlling to consif7er cond * tional
7 �
Town Board Minutes - 9 - March 13 , 1978
approval only if the Board makes it very clear that this will not be
the " typical " way of changing the Zoning Ordinance of the Town of
Ithaca . She felt that the upgrading of the site and the extenuating
circumstances would make an approval appropriate . Councilman Del
Rosso felt approval would create a precedent and future problems .
Mr . Fabbroni said in this case , as contrasted with some others , the
developer has sufficient acreage to accommodate the requirements of
the Zoning Ordinance . He suggested further that this case raises
a whole question that the Board should consider : Should the Town
Board re - think the whole attitude toward rehabilitating or removing
barns ?
0
Mr . John C . Barney ( Buyoucos & Barney ) said there are three
options from a legal standpoint : ( 1 ) Go to the State Supreme Court
and seek an injunction of some nature where the Court makes a direc -
tion , - ( 2 ) under Sec . 268 of Town Law , file an information in Criminal
Court alleging a violation which carries a penalty of $ 50 . 00 for each
week in violation ; and ( 3 ) a combination of Sec . 268 and a re - zoning ,
effecting a consent arrangement , with appropriate fine . Then the
Town might favorably consider the rezoning , so that there is a penalty
for having proceeded without a building permit .
Mrs . Livesay suggested that the Town Board should determine
whether they would have approved this project had there been no
violation . She believed , however , some penalty should be assessed ,
since even honest mistakes carry a penalty in many of our daily
affairs .
Mr . Gersh pointed out that Evan Monkemeyer , depending on the
advice of his father , and the fact that no structural changes were
made , assumed no building permit was necessary ; that it was still an
" Art Colony " where artists live and work . Mr . Gersh referred again
to the fact that the Planning Board , in full possession of all the
facts unanimously approved the proposed rezoning and recommended its
approval to the Town Board .
No other persons wishing to be heard , Supervisor Desch closed
the hearing .
Motion by Councilman Del Rosso ; seconded by Councilman Powers ,
RESOLVED , that the request of Evan Monkemeyer , as Agent for Herbert
and Lenora Monkemeyer , to rezone approximately 1905 acres of land
from Business District " C " , Residential District R- 9 and Residential
district R- 30 to Multiple Residence District ( Art Colony ) be tabled
for further discussion with the Town Attorney to determine the impli -
cations of a decision in this matter with respect to possible future
similar situations in the Town of Ithaca .
( Del Rosso , Powers , Raffensperger , Valentino , Freeman , Desch , and
McElwee voting Aye . Nays - none )
REPORT OF COUNTY REPRESENTATIVES
Mrs . Livesay referred to formation of Agricultural Districts
in Tompkins County , portions of which districts are in the Town of
Ithaca . She asked if the Town had information on this . Supervisor
Desch said the Town Board will look into it .
Mrs . Livesay reported that the County Board of Representatives
voted this morning ( March 13 ) to use Anti - Recession funds to clean up
the flooding at the High School ( approximately $ 15 , 000 ) . This brought
up the whole subject of the Fall Creek flooding and flooding of
creeks in general ; that some sort of flood control or watershed
management should be investigated , including all legal ramifications .
She said this matter was referred to the County Planning Board .
_7 sz
- 10
Mrs . Livesay referred to the Tompkins County new assessments
( 100 % value ) . Supervisor Desch said a meeting with Tom Payne is be -
ing arranged on this matter (April 3 ) . There may also be a Town in-
formational meeting on the subject .
Mrs . Livesay reported that the request for one additional
Deputy Sheriff has not4yet been acted upon . It will be referred to
the Personnel Committee next week .
ANTI-RECESSION,- FUNDS
Supervisor Desch reported that it is now necessary to allo-
cate $ 7 , 000 of ' Anti-Recession funds in accordance with the Federal
regulations . He recommended that $ 1 , 500 should be allocated to the
Town Clerk ' s Office for ' equipment and supplies ; $ 1 , 500 to the Town
Engineer ' s Office . for equipment and supplies ; the remaining $ 4 , 000
to be 'used to offset salary items ( clerical personnel ) .
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that Anti -Recession funds received by the Town in the
amount of $ 70000 be allocated as follows , in accordance with Federal
regulations *. , $"' , 500 to the Town Clerk ' s Office for equipment and sup-
plies ; $ 1 , 509 to the Town Engineer ' s Office for equipment and supplies ;
the remaining $ 4 , 000 to be used to offset salary items ( clerical per -
sonnel ) .
( Desch , McElwee , Valentino , Powers , Raffensperger , Del Rosso and
Freeman voting Aye . Nays - none )
Councilman 'McElwee suggested the possibility of having a pro-
fessional office supply organization make a study of the Town ' s needs
for equipment and supplies . Supervisor Desch said that although this
might be an optimal way of doing this , the approach is limited by the
Present Town Hall layout and the time element . The Anti-Recession
money must be allocated and spent six months after receipt . Super-
visor Desch noted that the total of $ 3 , 000 for office equipment and
Supplies includes about $ 270 for a public address system which would
include a portable speaker .
OPEN ?BURNING ORDINANCE
Supervisor Desch read a letter from Ithaca Fire Chief Weaver_
urgsng the Town to adopt an open burning ordinance . Councilman Del
R07v; o did not believe such an ordinance was necessary ; that persons
shelald not be unduly restricted in using their judgment with respect
to bu ni.na. . He noted that all brush and other fires are not caused
by op % n burning ; that many were the result of careless handling of
cicarsttesr vandalism , and other causes . He felt that such an ordi -
ancc woal�" be a waste of money in attorney fees , a waste of time and
resources , and probably unenforceable as well .
f 'zv . Livesay favored an open burning ordinance , in agreement
with " ire Chief Weaver . She noted also that fire equipment used in
t+h � ^^verage of fires caused by open burning would not be available
when needed elsewhere .
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Attorney is hereby directed to draft an
appropriate open burning ordinance for the Town of Ithaca .
(Valentino , Raffensperger , ?powers , and Desch voting Aye . Del Rosso
and Freeman voting Nay . McElwee , abstaining )
The motion was thereupon duly adopted .
� q
Town Board Minutes - 11 - March 13 , 1978
THE LEARNING TIEB
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that the Agreement with the Learning Web for 1978 is here -
by approved and the Supervisor is authorized to execute same on bep
half of the Town of Ithaca .
( Del Rosso , Freeman , Desch , Valentino , Powers , Raffensperger , and
McElwee voting Aye . Nays - none )
RENEWAL OF BOND ANTICIPATION NOTES
Motion by Supervisor Desch .* seconded by Councilman McElwee ,
RESOLVED , that bond anticipation note renewals heretofore executed
by the Town of Ithaca , in the amounts of $ 227 , 890 ( Second South Hill
Water Note # 1 ) ; $ 177 , 110 ( Second South Hill Water Note # 2 ) .* and
$ 23400 ( Coddington Road Water Extension ) , pursuant to provisions
of resolution authorizing the construction of a water distribution
system in the said areas in the Town of Ithaca , New York , shall be
renewed at 5 . 5 % interest , per annum , and the Supervisor is hereby
authorized to execute such renewal and such other instruments and
take such other steps as may be legally required to effect such re -
newals .
( Del Rosso , Freeman , Desch , Powers , Raffensperger , Valentino , and
McElwee voting Aye . Nays - none )
INTERGOVERNPgMNTAL PERSOINDTEL ACT ( IPA )
Supervisor Desch reported that there are now available Federal
grants - in - aid to eligible governmental agencies and organizations
for programs directed toward * ( 1 ) strengthening personnel systems
and administrations ( 2 ) training for elected officials and public
employees .* ( 3 ) improving government productivity and manpower utili -
zation ; and ( 4 ) strengthening the capacity of governments to meet
current reeds . Such programs are funded under the Intergovernmental
Personnel Act ( IPA ) . The Supervisor recommended that he prepare a
grant application on behalf of the Town of Ithaca and the other muni -
cipalities involved in the Bolton Point water system . The Board
agreed that he should proceed with the application .
S%T TOTf.-T ��T� S LJETTER
Isis . Staz reported receipt of the first Town Newsletter and
c .M, en :ed the Town Board for preparing it . She recommended its con -
: inuaj-; ion art honed reactions would be received from others . Mr .
. rkc :' aAl commended the Newsletter .
BE HEART)
"Is . Staz stated it is critical for the Town to develop a
mat- hog' 'Co prevent actions such as PZr . Monkemeyer ° s in the future .
She reco:mended an educational program for the Townspeople so they
Will understand and recognize zoning violations ; so they will become
acquainted with the Zoning Officer and urge him to follow up with
enforcement of the Zoning Ordinance . Supervisor Desch commented that
zoning enforcement in the Town has improved in the past two years ,
but agreed there is more to do . There is now an active inspection
Program and many items are picked up n before they become outright vio -
lations . Mr . Fabbroni noted that one of the best ways to pick up
violations is to get neighborhood reports from citizens who are on
the spot .
�d
Town Board Minutes - 12 -- March 13 , 1978
Mr . Berkey commended the Highway Department for its work on
snow removal . He said he appreciated the fact that six Town meetings
are scheduled for 7 : 30 p . m . but that he is still concerned over the
six meetings which are scheduled for 5 : 15 p . m . He does not feel this
is an appropriate time for Town meetings ; it is not convenient for
the public . He said it is a particularly bad time for the annual
budget meeting . He said he hoped there would be a public hearing
before tax bills are received , in view of the new assessments . Super -
visor Desch said this is primarily a County responsibility .
Mrs . Livesay recommended that when areas are rezoned and
for some reason the development does not materialize , the areas
should be zoned back to their original status before further rezon -
ing is considered . Supervisor Desch said that Councilman Powers and
his Codes and Ordinances Committee will look into this matter .
WATER LINE TO EASTERN ARTIFICIAL
INSEMINATION CO-OP , INC . - JUDD FALLS ROAD
In view of water pressure problems experienced by Eastern
Artificial Insemination Co - op , Inc . and problems with respect to the
net income based on interchanges with the City of Ithaca , Supervisor
Desch recommended extending the existing 10 " line via an 8 " water line
to connect with the 4 " water line at Maple Avenue ; and that the work
be performed by force account labor . This extension will result in
service not only to the EAI Co - op , but also the Cornell Fish Hatchery
and the Maple Avenue Housing Project .
Motion by Supervisor Desch , seconded by Councilman Freeman ,
RESOLVED , that the existing 10 " water line to the Eastern Artificial
Insemination Co - op , Inc . be extended via an 8 " water line to meet the
4 " water line at Maple Avenue ; such extension to provide water service
from the Bolton Point water system to the Eastern Artificial Insemina -
tion Co - op , Inc . , the Cornell Fish Hatchery , and the Maple Avenue
Housing Project , and , further , that the work be performed with force
account labor .
( Del Rosso , Freeman , Raffensperger , Valentino Desch , McElwee , and
Powers voting Aye . Nays - none )
FIVE -AREA SEWER PROJECT
This project will be re - bid and the bid opening will take
place on April 5 , 1978 . Arrangements are being made for an on - site
tour for the prospective bidders on March 25 , 1978 .
FALL CREEK DAM EXTENSION ( CORNELL WATER INTAKE )
Supervisor Desch reported that Cornell University wishes to
raise the Fall Creek Diversion Dam from three feet high to five feet
high . This raises the question of environmental impact and the pos -
sibility of a public hearing to consider the proposal . Councilman
Powers felt it was the responsibility of Cornell University to make
the investigation with respect to environmental impact . Councilwoman
Raffensperger recommended that Cornell University fill out the en -
vironmental impact assessment form on the project , and at that time
it can be determined whether a public hearing is necessary .
Motion by Councilwoman Raffensperger ; seconded by Councilman Freeman ,
RESOLVED , that the Town Engineer will request Cornell University , in
writing , to complete an environmental impact assessment application
with regard to the proposal by Cornell University to raise the height
of the Fall Creek Water Intake Diversion Dam from three feet to five
feet .
( Del Rosso , Freeman , McElwee , Valentino , Raffensperger , Powers and
Desch voting Aye . Nays - none )
8' l
Town Board Minutes - 13 - March 13 , 1978
BOLTON POINT WARRANTS
Motion by Councilman Del Rosso ; seconded by Councilman Freeman ,
RESOLVED , that the' Bolton, .- Point warrants dated PRarch 13 , 1978 in the
amount of $ 11 , 515 . 65 ji the Construction Account and $ 266 , 329 . 50 in
the Operating Account , after review by this Board , and upon the recom-
mendation of the Souttern Cayuga Lake Intermunicipal Water Commission
that they are in order for payment , are hereby approved .
(McElwee , Valentino , Raffensperger , Powers , Desch , Del Rosso and
Freeman voting Aye . Nays - none )
TOWN OF ITHACA WARRANTS
Motion by Councilman McElweera seconded by Councilman Powers ,
RESOLVED , that the Town of Ithaca warrants dated March 13 , 1973 in
the following amounts are hereby approved .
General Fund . . . . . . $ 128 , 386 . 74
Highway Fund . . 19 , 492 . 25
Water and Sewer Fund . . . . . 214 , 532 . 64
(Valentino , McElwee , Raffensperger , Powers , Desch , Del Rosso and
Freeman voting Aye . gays - none )
SAPSUCKER WOODS TANK
Mr . Fabbroni reported that the valve in place at the Sapsucker
Woods tank closes too fast after the pumps go off . This causes a
bouncing effect in the system so that a few homes are subject to
pressures which fluctuate between 10 lbs . up to 70 lbs . as against
a normal pressure of 40 lbs . In the next week or two Mr . Fabbroni
s-71 ll present a recommendation to the Town Board on this problem .
REFUr3D OF WATER BENEFIT LEVY
The Town Clerk reported that Oscar Swenson , 1016 East Shore
Drive , was , in error , charged for two units rather than one unit of
°., ater benefit levy on his Parcel 19 . 2 - 20 ; that $ 48 . 00 should be re -
fun0ed to him .
.'lotion by Supervisor Desch , seconded by Councilman McElwee ,
:RE c '31A 47) K t c. ':'v a refund of $ 48 .. 00 should be made to Oscar Swenson , ?
� � ''s. :; 'tY
T , ; t S !mac `e Drive on Parcel 19 - 2 - 20 , representing a refund for
. _ .. t of w a—ter benefit levy assessed against him in error on the II
( he having been assessed two units rather ti-mn ono )
Freeman , Desch , Raffensperger , Valentino , Powers and
voting Aye . Nays - none )
ADJOURNMEINIT
The meeting was duly adjourned at 9 . 50 p . m .
Edward L . Bergen
Town Clerk