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HomeMy WebLinkAboutTB Minutes 1978-05-08 TOWN OF ITHACA REGULAR BOARD MEETING May 8 , 1978 - 7 : 30 p . m . At a Regular Meeting of the Town Board of the Town of Ithaca , 1. Tompkins County , New York , held at the Town Highway Maintenance Facility at 106 Seven Mile Drive , Ithaca , New York , on May 8 , 1978 at 7 : 30 p . m . , there were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman Gust L . Freeman , Councilman ALSO PRESENT : James V . Buyoucos , Town Attorney John C . Barney ( Buyoucos & Barney ) Lawrence P . Fabbroni , Town Engineer and Building Inspector Robert Bonnell , Assistant to Town Engineer Liese Bronfenbrenner , Chairwoman , Planning Board David Allardice ( Bernard Donegan , Inc . , financial consultants ) Evan N . Monkemeyer ( Developer ) Herbert Monkemeyer David B . Gersh , Attorney ( representing Monkemeyer ) Michael Schwartz , Architect ( Monkemeyer ) Kevin Rorke , Ceracche Television ( ATC ) Beverly Livesay , County Representative Gertrude H . Bergen , Deputy Town Clerk Nancy M . Fuller , Deputy Town Clerk Carl and Sarah Lee ) Spiritual Assembly of David E . Gay ) the Baha ' is Tile Warner ) Earland Mancini , 608 Elmira Road ( Mancini & Sons ) Jud Leonard Bob Lynch , WTKO REPORTS OF TOWN OFFICIALS Town Engineer Mr . Fabbroni reported that building permits had been issued in April of this year for 1 additional dwelling , four . one - family dwellings , one two - family dwelling , and two accessory buildings , for a total of $ 306 , 400 . In April of 1977 building permits were issued for three one - family dwellings and three accessory buildings , for a total of $ 109 , 150 . Town -wide Sewer Project . Mr . Fabbroni reported that the project has been re - bid . Waiting now to execute contracts . Working with Buyoucos & Barney to finalize the opinion , with Audit and Con- trol and with the environmental agencies . Working to obtain ease - ment certifications ( and expect to accomplish this by the end of the week ) . It is expected there will be a pre - construction confer - ence meeting as soon as the contracts have been executed ( about the / end of the first or second week in June} and expect to start con - struction by the middle or end of June . Shop drawings are being reviewed by Lozier at this time to move the process forward as regards the technical reviews which are normally done after the contract is executed . It is expected that the bulk of the construc - tion will be completed in this year ' s construction period . Christopher Circle Tank . This project is now out to bid . This Wednesday ( May 10 ) the inside of the tank will be inspected with the interested bidders and the consultant . ' If there is any �D Town Board Minutes - 2 - May 8 , 1978 unexpected damage , the consultant will revise the bid and bids will be taken in two to three weeks after that . Expect to take bids toward the end of this month . John Barney ( Buyoucos & Barney ) will look at the contract changes. Changes in the contract document can still be made at this juncture . Salt Storage Building . This building will go on the north side of the Highway Maintenance Facility lot . Work on this was put off so that it could be more economically constructed in the better weather we are now having . Topographic Surveys . A topographic survey has been made of the back lots area between Winthrop and Simsbury where for the last two or three years the people in the area have experienced wet and soggy problems in addition to the usual January thaw . Now that the survey has been performed , a map of the area will be dis - tributed to the people . Traffic Speed Studies . Plan to do this in the next two to three weeks . Pennsylvania Avenue . The Town hopes to do some bench marking in the Town to establish elevations . The Town has in - sufficient information at this time . Highway Superintendent Mr . Parkin , Highway Superintendent , reported that he had issued two street opening permits , one for Sesame Street and one for Blackstone Avenue , one for water leak and one for water and sewer hook- up . Mr . Parkin reported there is a problem in the northeast and another area with regard to salting and sanding . It appears , rather than two little sand and salt , too much has been used , and in the spring the Town has no way of removing the sand and debris . He said there is no problem where there is a good clear road shoulder , but when in close and dense areas there is a problem . There has been considerable build - up of sand and salt and it has resulted in dusty conditions . Planning Board Chairwoman Mrs . Liese Bronfenbrenner reported that at its meeting on April 18 , 1978 the Planning Board approved a sign permit appli - cation of Evan N . Monkemeyer dated December 12 , 1977 for a 50 sq . ft . sign , Skyrise Associates , " Oak Ridge " , sign to be located on Monkemeyer property , Parcel No . 6 - 42 - 1 - 13 . 2 , Danby Road , set back 15 ft . from the right of way . Mrs . Bronfenbrenner reported that at this meeting , Mr . Fabbroni spoke of the background relating to Lehigh Valley Rail - road Right of Way , East Ithaca to Freeville , abandoned railroad line , he stated that the Town ' s main interest in this right - of -way , aside from discussions of Cornell University reactivating it for coal , is as a walkway , bikeway facility which logically terminates at the Game Farm . Mr . Fabbroni pointed out that this right -of -way and its use as a recreational facility bears a nice relationship to the Circle Greenway which comes up Honness Lane and gets to the old right - of -way to the Game Farm . This would be a spur of the Honness Lane bikeway . He also noted that this right - of -way goes through an isolated area and , at least for the portion within the 9� Town Board Minutes - 3 - May 8 , 1978 Town , would seem to present very little conflict with anybody else ' s interests . It is generally felt that with this particular right - of -way there are several ideas for use that are at least compatible . Mr . Aron stated that what is involved is the right- of -way reverting to the Town or the County . He said that should the Town take it over there is the question of insurance liabilities , the kind of recreational uses , bikeway , plain walkway , etc . He noted there are a number of things that have to be carefully considered before the Planning Board makes any recommendations . Mr . Fabbroni at the Planning Board meeting stated there were problems with the other right - of --way ( Freeville to Cortland ) where the owner of the right - of -way would have to maintain farm fences , that is not the case here . He noted that the insurance cost has been overplayed since it would be essentially a miniscule rider on the Town insurance policy . He said it is an ideal right - of -way for development as a walkway and bikeway ; the base is al - ready there . Mr . Aron said it would be an idealrecreational parcel for a walkway or a bikeway . Mr . Fabbroni agreed , noting that underbrush is the only limiting factor . Mr . Stanton noted that the right - of -way connects to the Town of Dryden and that it would make sense for the Planning Board recommendation to tie into the manner of use proposed by Dryden . Mr . Fabbroni pointed out that its use recreationally in the Town of Ithaca makes sense within itself . Mr . Stanton favored using it for something of this type . After further brief discussion at this meeting ( April 18 ) the Planning Board decided that a consensus statement should be forwarded to Mr . Frank Liguori , County Planning Commissioner , from the Town of Ithaca Planning Board . The consensus statement to Mr . Liguori would read as follows : " After having discussed the future uses , Lehigh Valley Railroad Right of Way , East Ithaca to Freeville , at its regular meeting of April 18 , 1978 , at which Vice- Chairman Henry Aron and members James Baker , Carolyn Grigorov , Patrick Mackesey , and Bernard Stanton were present , the Planning Board of the Town of Ithaca hereby tenders to the Commissioner of Planning , Tompkins County Department of Planning , the following statement of consensus in re possible future uses of the Lehigh Valley Railroad Right of Way , East Ithaca to Freeville : ' In view of the fact that the portion of the Lehigh Valley Railroad Right of Way within the Town of Ithaca involves one landowner only , is isolated and separate from developed or develop - ing areas , in general does not interfere with property uses on either side and in particular does not affect the Cornell Fish Hatchery , the Town of Ithaca Planning Board agrees that a logical and appropriate use for this right - of - way would be as a recreational spur which could be connected to the Circle Greenway , as well as joined up with that portion within the Town of Dryden , for use as a bikeway , a walkway , cross - country skiing and such other non -motorized activities . ' As this proposal is further refined , it is critical that careful consideration be given to repair and maintenance costs associated with the project , particularly the bridges , which are in poor condition . "' 9 � Town Board Minutes - 4 - May 8 , 1978 At this meeting ( April 18 ) , there was discussion of Planning Board policy as to park land in subdivisions . The members felt it was their prerogative to determine the park land ( or payment in lieu thereof ) for subdivisions under Town Law , Section 277 , which gives the Planning Board the right to require park land within a subdivision , but does not compel it to do so . Park land should be a checklist item in subdivision approval , and lot size , subdivision size , park size , nearby parks , and the like should be considered . Bus Transportation . Councilman Freeman reported that the last meeting on this subject was held three weeks ago . It was the general opinion that the Committee has now determined the figures for the route adopted . Overall progress is satis - factory , in fact , better than expected . There will be a report in the next three or four months . . A plan will be available by budget time . With respect to bus transportation to the Hospital there has been no activity . IMPROVEMENT OF ROUTES 13 AND 96 BETWEEN CITY OF ITHACA AND HOSPITAL Supervisor Desch stated that Rt . 96 seems to be gaining focus . Mrs . Livesay noted that the latest series of alternatives suggested by the State appears to answer certain concerns of the City of Ithaca . Supervisor Desch read a resolution adopted by the Hospital Board of Managers on May 18 , 1977 and re - affirmed by the Board of Managers on February 23 , 1978 , as follows : WHEREAS , the Board of Managers of the Tompkins County Hospital has gone on record on May 18 , 1977 , approving certain proposals in connection with planning for the improvement of Routes 13 and 96 between the City of Ithaca and Hospital , in both cases stating its request for a grade separation at the Lehigh Valley Railroad Crossing , and WHEREAS , alternative plans are now being considered for the City end of the project , certain of which contemplate a continued grade crossing of the rail - road , and WHEREAS , safe and quick access to the Tompkins County Hospital from the Towns of Lansing , Groton , Dryden , Caroline , Danby and the eastern portions of the City and Town of Ithaca , continues to be of utmost concern to the Board of Managers , NOW , THERE - FORE , BE IT RESOLVED , that the Board of Managers of the Tompkins County Hospital hereby reaffirms its request that any plan for improvement of Routes 13 and 96 include a grade separation at the southern terminus , in the City of Ithaca , at the location of the existing rail - road tracks . PUBLIC HEARING - CERACCHE TV ( ATC ) Mr . Kevin Rorke ( ATC ) suggested that Councilwoman Valentino update the Board and the public on the happenings of the last three or four months . In concert with the County Cable Commission a new model cable franchise has been drafted , which is the document now before the Town Board , and if the Town consents to that document , it will be the first municipality in Tompkins County to do so . DICTATED BUT NOT READ BY JVBUYOUCOS MEMORANDUM TO : Town Board , Town of Dated : May 8 , 1978 Ithaca FROM : JAMES V . BUYOUCOS SUBJECT : TV Cable Franchise for ATC ; Comments for Consideration at Public Hearing Being Held on May 8 , 1978 , or any Adjourned Date . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I have reviewed the Tompkins County Cable TV Commission and Review Committee ' s Draft Model Cable Franchise . I understand that ATC had made revisions which are incorporated in the draft which I examined Sunday , May 7 , with Kathy Valentino . 1 . At the request of ATC the word " legal " is to be omitted from the second paragraph . 2 . On the last paragraph of page 1 , I understand the use of television and radio signals but I don ' t know what is included in the phrase " and other audiovisual signals " . I don ' t think we shouldincludo . any phrase unless we are certain what it means . 3 . There should be added to paragraph 1 . 1 words expressing an affirmative obligation on the part of ATC to provide services and maintain facilities during the period in which the grantee is permitted to operate under this franchise ( the original term and / or any renewal ) . In one or two places the franchise seems to imply that ATC has a right to abandon this franchise at any time for any reason . I recommend that the Town consider the advisability of including in the franchise that such abandonment would not be without the consent of the Town and providing for damages in the event that the consent has not been unreasonably withheld . There may be some other procedures which could be set up in the event of any decision on the part of ATC to abandon the franchise . 4 . As to paragraph 1 . 2 ( Prior franchises rescinded ) : a . The word signals should be added to that sentence . S . As to paragraph 1 . 3 ( Duration ) : a . I recommend the Town consider the advisability of making the notice of election to renew at least 24 months prior to termination date instead of 6 . The Town should have adequate time to consider any terms or conditions which might reasonably be imposed in connection with such renewal . Also , 6 months does not give time enough to the municipality to obtain another qualified franchise operator in the event ATC should determine not to renew . Consider , for example , the time within which it takes to obtain the necessary approvals from Albany and Washington . Town Board Page 2 May 8 , 1978 b . The renewals should become automatically effective after 120 days after the exercise of its option . 6 . As to paragraph 1 . 5 ( Right to revoke ) : a . ATC has requested that the right of the municipality to shorten the franchise be omitted . b . T think there must be an amendment of the phrase " or abandonment of the franchise for any reason prior to its termination date " in paragraph ( b ) on page 3 . c . With respect to removal of equipment and facilities : There should be a lien on the equipment and facilities for any expenses or damages incurred by the municipality under the terms of the franchise and there should be an affirmative obligation on the part of ATC to pay such expenses and damages . In the event assets are not removed within the required period , the municipalit should have the right to dispose of them in any way it seems fit without any risk or obligation to preserve them for the benefit of ATC . d . Incidentally , has any consideration been given to the following : Assume that the holder of the franchise elects not to renew , or effectively abandons the franchise , should there not be a right on the part of the municipality to require that the facilities and the system be operated ( under fair and reasonab e terms to the holder of the franchise ) until a successor is approve or , in the alternative , that the facilities be maintained in their present location and the municipality hires people to operate the system ( assuming that this is possible ) . If this is not a practical suggestion , at least it should appear that it was considered and either accepted or rejected . 7 . With respect to paragraph 1 . 10 ( Quality of materials ) , the paragraph should be revised to prove that the construction and other work shall be performed in a safe thorough reliable and good and workmanlike manner . 8 . As to paragraph 1 . 13 ( Security Bond ) : a . I would like to reword this paragraph to provide not only for forfeiture , but also that the security bond shall be a source of funds to be applied in reduction of any damages or expenses incurred by the municipality under the terms of the franchise . This paragraph should be harmonized with the provision of paragraph 3 . 9 ( MUNICIPALITY saved harmless ) . 9 . As to paragraph 1 . 14 ( Franchise fee ) : a . ATC has requested that the first paragraph at the top of page 7 provide that the fees which the municipality may charge may be increased only with the consent of ATC . This , in effect , means that the municipality has no right to increase the fees under any circumstances for the duration of the franchise term and any renewals thereof . This item should be carefully discussed . b . The third paragraph should be amended to read " failure to pay such franchise fees when due shall be grounds for revocation of the franchise " . C . What is the applicability of the fourth paragraph 1. on page 7 relating to property tax credit ? Town Board Page 3 May 8 , 1978 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 . As to paragraph 2 . 3 ( Extension of service ) : a . Omit the word negotiable . b . Should underground facilities be included as well as " aerial construction " ? C . The last paragraph of section 2 . 3 provides for termination of the .right of a subscriber to receive refunds at the expiration of two years from the completion of the extension . As to this , we should add the phrase " of the service " after " completion of the extension " . In addition , the subscriber should not lose their right to receive refunds after two years unless the franchise holder has informed them of their rights to receive a refund as the services are extended . This could be done by a written notice by the franchise holder each time the service is extended in a particular area . 11 . As to section 2 . 4 ( Abandonment of service ) : a . Does this section apply to extension of service or does it apply to the entire franchise ? 12 . As to section 3 . 1 ( Construction by Grantee ) , a portion of the sixth line should be amended to read as follows : " With television or radio signals as provided in this franchise " , and so forth and so forth . 13 . As to section 3 . 6 ( Compliance with codes ) , the third line should be amended to read " provisions of all laws , codes and regulations pertaining to the extension of wires across public highways " . 14 . As to section 3 . 7 (Damage to property ) : The words it condition " at the end should be removed and the sentence should be amended to read " restore it to its condition prior to such damage " . There should also be an affirmative provision that grantee is liable for any damages , . costs , expenses or any liability incurred by the municipality . 15 . As to section 3 . 8 ( Insurance ) : I recommend that there be included as paragraph ( c ) the more or less standard provision that the insurance and the policies shall be with such companies and of such form and content as are reasonably approved by the municipality . 16 . As to section 3 . 9 ( Municipality saved harmless ) : I would like to modify the wording of the sentence without changing the substance of the provision . The section would apply also to any property in which the municipality has an easement , license or other interest , whether temporary or permanent . The clause should be broadened to provide that the municipality be saved harmless from any damages costs or expenses ( including attorney ' s fees ) which may result from the breach of any condition by the franchise holder or because of any negligent or willful act on the part of the franchise holder causing such damage . 17 . As to section 4 . 1 . 3 : . If the franchise holder requests a waiver , and simply serves a notice on the municipality , the municipality may not be in a position to argue against the granting of the waiver unless the notice has been served in timely fashion and the Town has an opportunity to be heard before the State or Federal agency involved . Town Board Page 4 May 8 , 1978 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . - - - - - . . . . . . . . . . . . - - - - 18 . As to section 4 . 2 . 2 , ATC has requested that the line at the bottom of page IT'-F—e amended to read " and as shown on the attached FCC form 370 , or FCC form of Confirmation " . 19 . As .to section 4 . 3 . 1 ( Handling of complaints ; local office ) : a . Why should not the records be kept for the term of the franchise . Suppose that a dispute arises or suppose that some question arises with respect to any aspect of the franchise when the franchise holder elects to extend the term under its renewal option , records may be important . 20 . As to section 4 . 3 . 4 ( Statements to customers ) : a . The statement provided for in the second paragraph of that section should also include a statement of " refund policy " described in section 2 . 3 ( Extension of service ) . 21 . As to section 5 . 2 . 2 ( Relating to a access channel ) : The last portion of that section should be amended to read " This provision may be waived in a particular case by GRANTEE in its sole discretion , to permit reservations on shorter notice or for a longer period then four weeks in advance . 22 . As to section 6 . 2 . 5 ( Disconnection of cable service ) : a . Has the Town considered the advisability of including a provision " no service shall be discontinued unless written notice thereof of a least days from date of -- mailing has been given to the subscriber " . 23 . As to section 7 . 1 ( Administering officer) , this should be the Town Supervisor or such other person or persons as he may designate from time to time . 24 . As to section 7 . 8 ( Rights to further regulate ) : a . There should be added to the words " applicable ordinances " in the third line of the section , the words " laws or regulations " . b . The municipality should have the right to investigate the administration and operation of the service by the grantee based upon information , data , or complaints received other than those relating to rates which are provided for in Section 7 . 7 . I believe that satisfactory language can be worked out with ATC for this purpose . JVB / j kl � 3 Town Board Minutes - 5 - May 8 , 1978 Councilwoman Valentino said the form of the franchise is basically the same as that used at the first public hearing on this matter , with some " cosmetic " changes . The model franchise is , basically , a composite of the franchises of all the municipalities in Tompkins County . It has been indexed so one may easily find what - ever part is of interest . Everything in the proposed franchise is something that at least one of the concerned municipalities has already consented to . Mr . Rorke said there are certain new provi - sions , mostly matters of language required by the New York State Cable Commission . Councilwoman Valentino said there is a request for a rate increase which was noted at the first public hearing . She made copies of the rate schedule available . Mr . Rorke said that the rates , in general , are the same as those which now exist . They have simply been put in a different format , he said , like a chart . He briefly outlined the rate schedule and reviewed the franchise , in general , noting language changes and rate changes . Councilwoman Raffensperger noted there is no reference to Home Box Office . Mr . Rorke said it is not contained in the agreement . The matter of including Home Box Office rates in con - tracts is being argued in the courts , he said . Mr . Buyoucos said a reading of the franchise indicates that , in general , it is a good one . He said , however , there are certain things in the franchise which should be considered more thoroughly , as indicated in his report ( attached to the master copy of these minutes in the Town ' s official minute book ) . He recommended that he and Councilwoman Valentino could meet with the Board or any member thereof and review his recommendations . There are , he said , some important things which have never been included in a TV cable franchise before . In particular , he said , there should be included an affirmative obligation on the part of ATC ( or any holder of a franchise ) to maintain the facilities and provide the services during the term of the franchise or any renewal of it . He said the Town should require an affirmative obligation on the part of ATC that they will not abandon the franchise during the term or any renewal thereof without the consent of the Town . Mr . Buyoucos had some concern about the six months provision on renewal of the contract . He felt the period too short . It might not give the community sufficient time to have an alternate source of reception . He noted there was agreement at one time that the Town could raise the franchise fee , and it appears now that the fee cannot be raised without the consent of ATC . Mr . Rorke said it was never his understanding that the Town could unilaterally raise the franchise fee , that ATC has requested that such action not be unilateral . Mr . Buyoucos said it appears the Town cannot raise the fee during the term of the contract or any renewal thereof . Mr . Rorke contended that changes can be made in the franchise at any time if they are agreed upon by both parties . Mr . Buyoucos said he wanted the Town Board to be aware that as the franchise now reads , the Town cannot , during the term of the franchise or any renewal thereof , increase the franchise fee without the consent of ATC . Mr . Buyoucos pointed out that the model franchise , as it was submitted , said that the Town Board , after a year , could do certain things , including shortening the period during which the franchise was to be effective . ATC does not agree that the Town Board should have the right to shorten the period during which the franchise shall be effective , that the term will be agreed upon now . p Town Board Minutes - 7 May 8 , 1978 PERSONS TO BE HEARD Mr . David B . Gersh , Attorney , made a statement on behalf of Evan Monkemeyer : " From a legal standpoint , inasmuch as the Board did send a letter , we have prepared a response to be spread on the minutes , which is a response to the specific letter sent by the Town Attorney and we hope we can hold in abeyance the various legal battles which we can engage in and , instead , devote our energies toward remedying the problems which exist inasmuch as Mr . Monkemeyer (Evan ) shares the concerns of the Town in having the building safe and secure . " Mr . Gersh introduced Mr . Schwartz , Architect for Monkemeyer , to make a statement . Mr . Schwartz said he had agreed with Mr . Fabbroni that he ( Schwartz ) would prepare plans to see if the plans could meet the Town ' s objections to the Art Colony project . He said some of the Town ' s objections were valid and some were not . He said he felt Mr . Monkemeyer can satisfy the Town that most of the problems can be cleared up ; that it could be done this summer in a matter of months . Mr . Evan Monkemeyer said that he wanted to get the work done right away ; that he is committed to doing the work immediately because he has some tenants leaving and some coming in . He said he could get a lot of the dry wall up , can have some - one do the fire escape and any other changes the Town feels neces - sary , including installation of a sprinkler system . Mr . Schwartz said that the sprinkler system is not legally required , but that Mr . Monkemeyer is willing to do it anyway . He feels it is a life - saving device . Mr . Schwartz said there is , in his opinion , some discrepancy in the Town ' s interpretation of the Building Code and theirs that is , whether or not , in fact , the barn is a multiple dwelling . He said they would do the work to meet the Code in any case . He said the State inspector did not have jurisdiction . He said again that it is not clear to him or to Mr . Monkemeyer that the barn is a multiple dwelling . Mr . Schwartz said they want a continuing dialogue with the Town and they hope no action is necessary at this point until after the meeting and discussion of plans with Mr . Fabbroni . 0 Mr . Barney questioned Mr . Schwartz about the number of levels in the barn . Mr . Schwartz said it depended on whether a level constitues a " floor " . He said there are four levels , according to the Code interpretation . Mr . Schwartz said there is somebody living on the highest level ( whatever level it might be called ) . Mr . Fabbroni noted that the developer ' s first and most obvious error was in proceeaing without presenting any plans to the Town . He noted that this made it difficult to pin -point the violations because the Town was never given information about materials used , floor plans , elevations , exit and entrance schemes , etc . The Town had to reconstruct such things by visual inspection . Mr . Fabbroni said he felt the onus is on the developer to have submitted plans in the first instance . Supervisor Desch said that the receipt of the letter has been noted . The next step is for the developer to have a meeting with Mr . Fabbroni , and the matter will be followed up from there . Town Board Minutes 8 - May 8 , 1978 PERSONS TO BE HEARD Mrs . Sarah O ' Neill Lee made a presentation on behalf of the Spiritual Assembly of the Baha ' is of the Town of Ithaca . She reported that on April 29 , 1978 representatives of Baha ' i regional and national administrative bodies met to commemorate the recent formation of the first Local Spiritual Assembly of the Town of Ithaca . Mrs . O ' Neill said the purpose of their presence at this meeting is to acquaint the Town Board with their activities and explain their relationship to the community . She said the primary responsibilities of the Local Spiritual Assembly include education for children , youth and adults , both morally and spiritually ; promoting the oneness of humanity and eliminating all forms of prejudice ; upholding the laws and teachings of the Baha ' i Faith ; counseling those who have problems , and informing the public of the aims and tenets of the Faith . She said the Assembly also per - forms marriages , oversees burials , administers local fiscal affairs , and arranges devotional meetings and observances of Baha ' i Holy Days . She noted that the Baha ' is do not accept contributions from non -members . Mrs . O ' Neill presented the Board with a book , Call to the Nations, and the National Spiritual Assembly 50th Anniversary book - let . Mss . O ' Neill asked if there were any questions . There were none , and Supervisor Desch thanked the group for the material presented and for their appearance , and for the information pre - sented . FIVE AREA SEWER CONTRACT Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that the Supervisor be authorized to execute the con - tract with Stever- Brothers , contingent upon acceptanc .im of the contract documents by the Department of Environmental Conserva - tion , and that the signing of the award of contract be scheduled for 2 : 00 p . m . on May 24 , 19780 ( Freeman , Raffensperger , Valentino , Powers , Del Rosso , McElwee , and Desch voting Aye . Nays - none ) There was discussion of a draft resolution in the matter of the Town-wide Sewer Improvement . The matter was tabled in view of questions about cash flow and the appropriateness of the dollar amount of the borrowing ( $ 550 , 000 ) . BERNARD P . DONEGAN , INC . PROPOSAL FOR FINANCIAL CONSULTING SERVICES IN CONNECTION WITH FIVE -AREA SEWER PROJECT Mr . David E . Allardice , using visual aid charts , made a presentation and proposal with respect to financial consulting ser - vices of Bernard P . Donegan , Inc . for the eventual bonding of the five - area sewer project . He noted that the Town had two borrowing options for funding the local share of the project : ( 1 ) bond antici - pation notes or ( 2 ) serial bonds with a fixed interest rate . He reviewed the ramifications of both options . He recommended that the Board consider selling serial bonds when the market is favorable for such a sale . In that way the interest rate is fixed . Budgeting will be simpler since the Board will then know what the annual prin - cipal and interest will be for the life of the issue . 9 � Town Board Minutes - 9 - May 8 , 1978 Mr . Allardice , in his presentation , covered such matters as interest rates , credit rating , term of bonds , insurance , timing of bond sale , money market , demand for municipals , rate of inflation , prior bond sale results , denominations of blocks of bonds , Moody ' s scale of ratings (based on , among other things , assessed value of property in the Town , growth , and ability to pay ) . He discussed interest rates in relation to length of issue ( recommending 20 - year issue ) . Among the costs and expenses of a bond sale to be considered he noted the local attorney , New York City bond counsel , financial consultant , material costs , insurance , etc . Supervisor Desch noted that all members of the Board had a copy of the Donegan proposal for financial consulting services . Action on the proposal was held in abeyance pending receipt of a proposal from another source . AGRICULTURAL DISTRICT NO . 6 . This matter again led to considerable discussion and reference to the map with the boundary lines as recommended by the Town Board . Supervisor Desch said he and Mr . Fabbroni and others would continue to work with the County Agricultural District Committee and the County planning staff to develop the proper boundaries . RESOLUTION CONFIRMING NEW YORK STATE EMPLOYEES HEALTH INSURANCE PROGRAM FOR TOWN OF ITHACA EMPLOYEES Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , P R E A M B L E A . Effective January 1 , 1968 , the Town of Ithaca established a plan for providing health insurance coverage for its employees and the Town entered the New York State Employees ' Health Insurance Pro - gram which is administered by the State for employees of the State and its political subdivisions . Insurance is obtained from New York State Blue Cross and Blue Shield of Central New York , Policy No . 5003 , under the State program and such program has been in effect continu- ously since its inception in January of 19689 B . The Town has contributed to the payment of the premiums for the above insurance , for its employees , ever since such insurance coverage was obtained up to the present time , without modification , in the following manner : ( 1 ) - As to its ACTIVE EMPLOYEES who are eligible for such insurance coverage and benefits : the Town has paid the insurance premium in full . ( 2 ) As to its RETIRED EMPLOYEES who are eligible for such insurance coverage and benefits : the Town has paid 50 % of the premiums of such eligible employees and 35 % of the premiums of the eligible dependents of such employees . Co It is now deemed desirable to confirm the above plan and to formalize it as the basis for the reports which have been submit - ted annually to the State and for other purposes and to rescind reso - lution No . 175 adopted on January 15 , 1968 pursuant to which the in - surance plan was adopted inasmuch as such resolution is incomplete and , in part , incorrect . t Town Board Minutes - 10 - May 8 , 1978 RESOLVED . Section 1 . The Town hereby confirms in all respects the plan for providing health insurance coverage , in accordance with the provisions set forth in Paragraphs A and B of the Preamble above for its eligible active employees , and for its eligible re - tired employees and for any eligible dependents of such retired employees . Section 2 . The term " eligible active employee " and " eli - gible retired employee " shall be deemed to refer , respectively , to full time active employees and retired employees who were formerly active full time employees , or such other persons as the Town may from time to time determine are eligible employees to receive such insurance coverage and benefits in accordance with the requirements , if any , of the New York State Health Insurance Program . Section 3 . Resolution No . 175 adopted January 15 , 1968 is hereby rescinded . ( Del Rosso , McElwee , Raffensperger , Valentino , Powers and Desch voting Aye . Freeman abstained . ) REVIEW OF EMPLOYEE BENEFITS There was discussion of providing all Town employees with three weeks vacation after five years continuous service , and four weeks vacation to all non - highway employees after 20 years of con- tinuous service . Councilman Powers said he felt some reluctance in voting these vacation periods . He said he felt symphathy for people ' s need for more leisure , but felt uneasy , without documentation , about how such vacations might affect work schedules and what the other ramifications might be . Supervisor Desch said that changes of this kind would not normally be considered except at budget time . He said , however , that with the work load of the Town staff , he felt that they deserved the three week vacation and that he would not like to see this deferred until 1979 . Motion by Councilwoman Raffensperger ; seconded by Supervisor Desch , RESOLVED , that all Town employees shall have three weeks vacation after five years of continuous service . ( Raffensperger , Desch , Valentino , Freeman , Del Rosso , Powers , and McElwee voting Aye . Nays - none ) Motion by Councilman Freeman , seconded by Councilwoman Valentino , RESOLVED , that all non- highway Town Employees shall have four weeks vacation after twenty years of continuous service . ( Valentino , Freeman , Del Rosso , Powers , Desch , Raffensperger , and McElwee voting Aye . Nays - none ) SUMMER HOURS Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that summer hours for the Town Office from June 1 , 1978 to September 5 , 1978 shall be from 8 : 30 A . M . to 4 : 00 P . M . , with a half hour for lunch . ( Desch , Powers , Raffensperger , Freeman , McElwee , Del Rosso and Valentino voting Aye . Nays - none ) q9 Town Board Minutes - 11 - May 8 , 1978 STATEMENT ON MEETING LOCATION Councilman Powers stated for the record that he did not observe that anyone attending this meeting was in attendance be - cause the meeting was held specifically at this location /Town High- way Maintenance Facility/ . Mrs . Livesay noted that Mr . Earland Mancini was present . ANTI - RECESSION FUND ALLOCATION No action was taken on this matter at this time . SCHEDULING OF PUBLIC HEARING FOR RE - ZONING OF LANDS ON DANBY AND CODDINGTON ROADS FROM R- 9 TO BUSINESS " A " AND SITE PLAN APPROVAL FOR AN INSURANCE OFFICE Mr . Fabbroni reported that the Planning Board has recom- mended this rezoning . The only problem in their view , aside from access , is the fact that the area proposed for re - zoning is less than two acres . The Zoning Board of Appeals granted a variance . Supervisor Desch felt that this re - zoning would help to clean up this area and make it more attractive . Motion by Councilman McElwee , seconded by Supervisor Desch , RESOLVED , that this Town Board will conduct a public hearing on June 12 , 1978 at 6 : 30 p . m . at the Town Offices to consider the re - zoning of lands on the northeast corner of Danby and Coddington Roads from R- 9 to Business " A " , Tax Map Parcels No . 6 - 40 - 4 - 1 , 2 , 3 , 4 , 5 , 6 , and 7 . and to consider site plan approval for an insurance office on Town of Ithaca Tax Map Parcel No . 6 - 40 - 4 - 2 , 829 Danby Road , owned by John and Alberta Vasse . ( Desch , Freeman , Del Rosso , Powers , and McElwee voting Aye . Council - woman Raffensperger and Councilwoman Valentino voted Nay ) The motion was , therefore , duly adopted . Councilwoman Raffensperger and Councilwoman Valentino voted against the adoption of the resolution for the reason that they ob- jected to the early hour of the hearing ( 6 : 30 p . m . ) . EASTWOOD AVENUE EXTENSION The City of Ithaca will bring this matter before Common Council in the hope of over- riding the decision of the City Board of Public Works not to serve this property . COMMITTEE REPORTS Traffic Committee . Field work will be done in the next two weeks under the direction of Mr . Fabbroni . Parks Committee . Councilwoman Raffensperger reported that the Park Committee met on April 25 , 1978 at noon , that on April 27 , at 7 : 30 p . m . there was a public informational meeting with regard to Coy Glen at which time the background , present status , and outline of the project was presented . Councilwoman Raffensperger reported that Mrs . Noemi Kraut and Mr . and Mrs . Stephen Pete attended this meeting and expressed opposition to the Coy Glen preservation plan . The specifics of their opposition were presented at the public in- formational meeting on April 27 and are part of the public minutes of that meeting . 106 Town Board Minutes - 12 - May 8 , 1978 . Councilwoman Raffensperger reported that material on the bikeway matter is being completed for Cornell University . Councilwoman Raffensperger reported that a Parks Priority Plan would be presented to the Town Board in June , to include phasing and financing . WATER BILL REFUND A letter from Ray Thomas , Commission Clerk ( Southern Cayuga Lake Intermunicipal Water Commission ) noted that a refund in the amount of $ 28 . 97 was due to Richard Stillwaggon , 108 Joanne Drive , for the reason that a special reading bill was paid on April 3 , 1978 by the old owner and on April 18 , 1978 the new owner of the property paid the same amount with his April 1 , 1978 bill . Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that a refund in the amount of $ 28 . 97 be made to Mr . Richard Stillwaggon , Account No . 172 - 016330 , 108 Joanne Drive , in view of the fact that the billing was paid by the old owner and again by the new owner . . ( Freeman , Desch , Raffensperger , Valentino , Del Rosso , McElwee , and Powers voting Aye . Nays - none ) REFUND - WATER DAMAGE - 102 REGENCY LANE The Town Board considered request of Mr . Stan Czamanski to be reimbursed in the amount of $ 179 . 23 representing half the cost of draining his lawn , which resulted from a perforated pipe . After some discussion , it was agreed this request was justified , and , therefore , the Town Board acted as follows : Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that Mr . Stan Czamanski , 102 Regency Lane , be reimbursed in the amount of $ 179 . 23 , representing half the cost of draining his lawn , and his full claim against the Town of Ithaca as indicated I n his letter of April 16 , 1978 . ( Raffensperger , Valentino , Del Rosso , McElwee , Desch , Powers and Freeman voting Aye . Nays - none ) ACCOUNT CLERK/TYPIST Supervisor Desch explained that for this category of employment the Civil Service has raised the starting salary to $ 7 , 242 . 00 . Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the salary for account clerk/ typist for the Town of Ithaca shall be $ 7 , 250 . 00 as a starting level in order to be consistent with the starting level established by the Civil Service Commission . ( Desch , Raffensperger , Del Rosso , Freeman , Valentino , McElwee , and Powers voting Aye . Nays - none ) 101 Town Board Minutes - 13 - May 8 , 1978 TOWN OF ITHACA WARRANTS Motion by Supervisor Desch , seconded by Councilwoman Valentino RESOLVED , that the Warrants dated May 8 , 1978 in the following amounts are hereby approved for payment . General Fund $ 460 , 460 . 14 General Fund ( Outside Village ) 378 . 71 Highway Fund . . . . . . . . . . . . . . . . . . . 27 , 768 . 88 Water and Sewer Fund . . . . . . . . . . . 99 , 933 . 40 Lighting Districts Fund . . . . . . . . 190009 ( Desch , Valentino , Raffensperger , Del Rosso , McElwee , Freeman , and Powers voting Aye . Nays - none ) BOLTON POINT WARRANTS Motion by Supervisor Desch , seconded by Councilman Freeman , RESOLVED , that this Town Board , after review , and upon the recom- mendation of the Southern Cayuga Lake Intermunicipal Water Commis - sion that they are in order for payment , hereby approves the Bolton Point warrants dated May 8 , 1978 in the Operating Account in the amount of $ 46 , 085 . 86 . ( Desch , Valentino , Raffensperger , Del Rosso , McElwee , Freeman , and Powers voting Aye . Nays - none ) EXECUTIVE SESSION Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Board retire into executive session . ( Desch , Valentino , Raffensperger , Del Rosso , McElwee , Freeman and Powers voting Aye . Nays - none ) During the executive session the Monkemeyer Art Colony was discussed . ADJOURNMENT After the executive session the Board reconvened in open meeting . There being no further business to transact at this time , however , the meeting was duly adjourned at 9 : 45 p . m . El ward L . Bergen Town Clerk