HomeMy WebLinkAboutTB Minutes 1978-09-11 Town Board Minutes - 5 - September 11 , 1978
JUSTICES ATTENDANCE AT MAGISTRATES CONFERENCE
Motion by Councilman Freeman , seconded by Councilman Powers ,
RESOLVED , that Justices Blye and Wallenbeck are hereby authorized to
attend annual Magistrates Conference at Stevenville Country Club ,
Liberty , New York , September 17 through September 20 , 1978 , at
Town expense .
( Raffensperger , Valentino , Freeman , Powers , McElwee , and Desch
voting Aye . Nays - none )
ATTENDANCE AT HIGHWAY SUPERINTENDENTS CONFERENCE
Motion by Freeman ; seconded by McElwee ,
RESOLVED , that Robert Parkin , Highway Superintendent , is hereby
authorized to attend Highway Superintendents Conference to be
held September 26 through September 28 , 1978 , at Town expense .
( Freeman , Powers , McElwee , Valentino , Raffensperger , and Desch
voting Aye . Nays - none )
IMPROVEMENTS TO PENNSYLVANIA AVENUE
Mr . Fabbroni illustrated with topographic map proposed
improvements to Pennsylvania Avenue . After discussion it was
agreed that the area would be staked out , but that the residents
would be advised what was planned so they would understand that
this is only a first step toward the improvement of Pennsylvania
Avenue .
APPOINTMENT OF DOG ENUMERATOR
Motion by Councilman Powers ; seconded by Councilman Freeman ,
RESOLVED , that the Junior Chamber of Commerce is hereby appointed
as the dog enumerator for the Town of Ithaca for the year 1979 .
( Raffensperger , Valentino , McElwee , Powers , Freeman , and Desch
voting Aye . Nays - none )
PUBLIC HEARING - 8 : 30 p . m .
ABSTRACT OF ZONING LAWS OR
ORDINANCES
Proof of posting and publication of notice o .... - public
hearing in this matter having been presented by the Town Clerk ,
the Supervisor opened the hearing .
Supervisor Desch read the proposed law . He said the basic
purpose of the proposed local law is to reduce the cost of adver -
tising . He said he did not think it particularly useful to have
an entire ordinance in the newspaper . The Supervisor opened the
item for discussion .
Town Attorney Buyoucos noted that the Town already has
adopted two local laws , one in 1965 and one in 1970 , which allow
the Town to publish summaries of ordinances or local laws . How-
ever , municipalities were circularized by an agency in Albany
suggesting that they adopt a local law with respect to publishing
summaries or local laws or ordinances rather than the full text .
Therefore , he suggested that the Town of Ithaca might wish to con -
sider this matter again . He suggested , however , that it might be
well to check any proposed new local law against the two laws al -
ready on the Town ' s books , and defer action at this time . -. , The
/ o
Town Board Minutes - 6 - September 11 , 1978
Supervisor said that a public hearing had been set and that the
Board ought not do that unless there is an intention to adopt
the law . Mr . Buyoucos said it is not necessary for a municipality
to adopt a " law at the first sitting , that it could be deferred .
Supervisor Desch noted that the public had not yet been heard from .
Councilman Powers suggested that the matter be deferred until the
Town Attorney has prepared a local law which he is comfortable with
which does not appear to be the case at this time . Mr . Buyoucos said
he did not think it would be necessary to re - publish notice of a hear -
ing if the matter were deferred at this time .
Mr . Arthur L . Berkey , 128 Christopher Circle , said that
he was against the adoption of such a local law , based on the need
for public information . He felt the advertising money is money well
spent in the interest of informing the public . Mrs . Livesay said
her only concern was availability of the material for the people
who want it . She said she would rather see the money spent for a
readable copy ( rather than the small print in the newspaper ) for
people who want to read it .
Mr . Berkey felt that certain materials should be available
to people who want to pay the postage to have it mailed to them .
He noted that it was inconvenient for people who work to stop in
at the Town Hall for materials which might be read if they were
available through the mail . Supervisor Desch said that he did not
feel that the Town Hall is so inaccessable that people who are in -
terested cannot find the time to stop in to pick up materials .
Although there did not appear to be any strong objection by the
Board to mailing material to persons willing to pay the postage ,
no specific policy was laid down at this time .
Councilwoman Raffensperger , with respect to the proposed
local law , suggested that action be postponed .
Motion by Councilwoman Raffensperger ; seconded by Councilman Powers ,
RESOLVED , that the proposed local law with respect to publishing
only the title of ordinances , a brief description of the provisions
thereof , and a statement that the full text thereof is on file for
inspection in the office of the Town Clerk ( rather than the full
text ) be deferred at this time for consideration again at the Town
Board meeting of October 10 , 1978 , after the Town Attorney has
reported to the Board .
( McElwee , Freeman , Desch , Raffensperger , Valentino , and Powers
voting Aye . Nays - none )
Town Attorney Buyoucos noted that that Town , based upon
local laws adopted in 1965 and 1970 , is already on good legal
grounds to publish summaries of most laws and/or ordinances .
He said , however , considerable care should be exercised with
respect to some resolutions relating to financing .
REPORT ON BOARD OF ASSESSMENT REVIEW
Mr . Freeman reported that the Board of Assessment Review
met on June 5 from 1 : 00 p . m . to 8 : 00 p . m . and at that time they
reviewed 13 cases . He said there are 25 , 770 parcels in the County .
There are 4 , 167 Town of Ithaca parcels . Thirteen Town parcels
were reviewed with respect to the Town of Ithaca on June 5th .
The County Review Board covered 65 cases . The total of 78 cases
reviewed is only 1 . 87 % of the total parcels .
Town Engineer ' s Report
Mr . Fabbroni reported that construction on the sewer mains
will continue the rest of this month and the remainder of next month .
X61
Town Board Minutes - 7 - September 11 , 1978
Hopefully , before the weather turns , Stever Brothers hope to have
all the sewer pipe in the ground and only the pump stations will
remain to contend with . The streets will be completely restored .
Christopher Circle Tank . Mr . Fabbroni reported that the
painting of the exterior is complete . The sandblasting on the
interior is complete . There is considerable work to be done filling
the pitted areas on the inside of the tank . Mr . Fabbroni recommended
that the Board authorize the expenditure of an additional $ 2 , 400 to
the base bid of $ 17 , 300 for epoxy coating an area 32 feet high ,
four rings each 8 feet high , to be paid to Broome Industrial Paint -
ing Co . , Inc . Wallace & Tiernan will install cathodic protection
under a separate agreement for $ 4 , 990 .
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that the epoxy coating area be extended to cover 32 feet
high ( four rings each 8 feet high ) , and , further , that the quotation
of Broome Industrial Painting Co . , Inc . be accepted for this additional
work which will add $ 2 , 400 to the contract price , and , further , that
the quotation of Wallace & Tiernan of $ 4 , 990 for cathodic protection
also be accepted .
( Raffensperger , Valentino , McElwee , Powers , Freeman , and Desch
voting Aye . Nays - none )
PUBLIC HEARING - 9 : 00 P . M .
AMENDMENT TO LOCAL LAW - SURCHARGE INCREASE
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 noted that this matter has been discus -
sed on two other occasions . The proposed increase in the surcharge
from 5 % to loo is basically to provide funds for the pending main -
tenance plan , a program to paint the reservoirs in the Town . The
increase would generate about $ 28 , 000 of additional revenue per
year to permit the restoration of one tank per year . Supervisor
Desch said such a program is necessary in order to avoid the kind
of problem which has developed in the Christopher Circle Tank . The
Sapsucker Woods Tank is probably in the same condition . The Super -
visor distributed material with respect to a five - year program of
major system repairs . He said Appendix " A " of this material shows
the schedule of major system repairs . ( This material is attached
to and made a part of these minutes . )
The Supervisor then opened the item for public discussion .
Mr . Berkey stated that what is happening is what he
thought would happen . He said that about a year ago he expressed
concern about the delay with respect to painting the Christopher
Circle Tank , and he said he was assured that the delay would not
cause a problem .
Mr . Berkey then asked several questions with respect to
the budget for the five - year program of major system repairs ,
particularly with regard to preventive maintenance . Supervisor
Desch explained that preventive maintenance is primarily lubrica -
tion of the pumps , checking bearings , assuring that vibration levels
are kept within limits . It also involves other repairs to the pump
stations , mowing grass , snow removal to keep access to the pump
stations . The $ 5 , 000 indicated is based on experience levels .
Town Board Minutes - 8 - September 11 , 1978
Mr . Berkey asked if $ 7 , 500 has actually been spent for
water leaks and what the balance in the account is , considering
that the surcharge has been in effect since 1970 . Supervisor Desch
said there will be about $ 2 , 000 each year of surplus in the account .
At the present time , however , he said there is less than $ 1 , 000 in
the account .
Reverting to Mr . Berkey ' s remarks about the deterioration
of the Christopher Circle Tank , the Supervisor recalled that the
Town Board initially put the project out to bid in 1974 . Bids were
received and the Town was ready to let a contract . The City of Ithaca ,
however , stated they would not be responsible for providing water to
the customers served through that tank if it were taken out of ser -
vice . It was not until the Bolton Point water system was completed
that it was possible to by- pass the tank while it was out of service
for repainting . Supervisor Desch said he felt sure some deteriora -
tion has taken place in the last year . But the greatest part of
the deterioration has been over the course of approximately 20 years .
He conceded that it might be argued that previous Town Boards had
not provided sufficient cathodic protection . He said , however , the
situation as it now exists must be faced . It can only get worse .
There being no other persons to come before the Board to
be heard , the Supervisor closed the hearing , and the Board acted
as follows :
Motion by Supervisor Desch ; seconded by Councilman Powers ,
A LOCAL LAW PROVIDIIG FOR THE AMENDMENT OF
LOCAL LAW NO . 2 , 1976 , ENTITLED " A LOCAL LAW
PROVIDING FOR THE INSTITUTION , ADMINISTRATION ,
REGULATION , AND COLLECTION OF WATER RATES AND
OTHER CHARGES RELATING TO WATER SERVICE "
BE IT ENACTED by the Town Board of the Town of Ithaca ,
as follows :
Section 1 . Section 3 of Local Law No . 2 , 1976 , is amended
by adding thereto the following provision .
The Town Board may , from time to time , either by adopting
a local law or ordinance , or by adopting a resolution , after a
public hearing duly called for that purpose , amend , modify or
add to such water rates , rents or charges ( herein also " revenues " )
or adopt such other regulatory measures which may be required to
administer the collection of such revenues . If adopted by resolu -
tion , the Town Clerk shall ( a ) file a certified copy of any such
resolution in the book of Local Laws maintained by the Town Clerk ,
and ( b ) shall refer briefly to the substance of this law and the
date of its adoption on Local Law No . 2 , 1976 , as filed in said
book .
Section 2 . The surcharge previously established , as set
forth in Section 3 , of the Water Rate Schedule ( Schedule " A " of
Local Law No . 2 , 1976 ) is hereby increased to 120 , of which 100
is for the repair and maintenance of the water lines and 20 is
for the repair and maintenance of the sewer lines .
Section 3 . This local law shall take effect immediately .
( Raffensperger , Valentino , Powers , Freeman , McElwee , and Desch
voting Aye . Nays - none )
163
Town Board Minutes - 9 - September 11 , 1978
SCHEDULING OF PUBLIC HEARINGS
ON FEDERAL REVENUE SHARING
Supervisor Desch stated that according to revenue sharing
legislation , the Town is required to have a public hearing no less
than seven days prior to October 5 ( this being the date the Town
Clerk presents the tentative Town budget to the Town Board ) . This
will be the first of two revenue sharing hearings . September 28th
is the last date that a public hearing can be held . Supervisor
Desch suggested that the public hearing on the use of revenue shar -
ing funds be held on September 25 .
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that the Proposed Use public hearing for Federal revenue
sharing funds be held at 7 : 00 p . m . on September 25 , 1978 at the
Town Hall at 126 East Seneca Street , Ithaca , N . Y .
( Raffensperger , Valentino , McElwee , Powers , Freeman and Desch
voting Aye . Nays - none )
The Board then reviewed the possible uses of revenue
sharing funds for the Entitlement Period # 10 ( $ 95 , 282 ) . Some
of the suggested uses are as follows :
Bolton Point Construction Deficit ( $ 46 , 000 )
Bolton Point Benefit Levy ( $ 23 , 000 )
Neighborhood Parks ( $ 12 , 000 )
Two ( 2 ) Voting Machines ( $ 4 ; 200 )
Town Hall Access to Handicapped ( $ 5 , 000 )
Town Hall Major Repairs ( $ 5 , 000 )
TENTATIVE BUDGET
Supervisor Desch suggested that the tentative budget
be presented on October 5 , 1978 at 7 : 30 p . m . and that it be
a public hearing .
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that this Town Board will conduct a public hearing on
October 5 , 1978 at 7 : 30 p . m . at the Town of Ithaca Offices at
126 East Seneca Street , Ithaca , New York , to review the tentative
Town of Ithaca budget .
( Freeman , McElwee , Valentino , Powers , Raffensperger , and Desch
voting Aye . Nays - none )
BOLTON POINT BUDGET - PUBLIC HEARING
Motion by Supervisor Desch ; seconded by Councilman Freeman ,
RESOLVED , that the Town Board of the Town of Ithaca will conduct
a public hearing on October 5 , 1978 at 8 : 30 p . m . at the Town of
Ithaca Offices at 126 East Seneca Street , Ithaca , New York , to
review the Bolton Point budget for 1979 .
( Freeman , Powers , Valentino , McElwee , RAffensperger , and Desch
voting Aye . Nays - none )
BICYCLE PATHS
Scheduling of a public hearing on bicycle paths was
deferred .
Town Board Minutes - 10 - September 11 , 1978
Town Engineer ( continuing his report )
Mr . Fabbroni referred to the purchase of a bulldozer and
the alternative of renting one . He stated that in 1974 the Town
of Ithaca spent $ 4 , 000 ( when equipment of this type was needed ) ;
in 1975 , $ 5 , 200 , in 1976 , $ 9 , 300 , and in 1978 , $ 1 , 000 . He pro -
jected that the Town would need a bulldozer in connection with
work on parks , drainage ditches , ponds , etc . and that in the
course of the next six years this would cost about $ 32 , 500 , or
a little over $ 5 , 500 a year . The cost of the bulldozer and the
trailer would be about $ 40 , 000 . The machine would have a useful
life of a minimum of 10 years ( with normal maintenance ) . Based
on these conservative numbers , Mr . Fabbroni said the Town would
benefit economically by purchasing a machine rather than renting
one .
Mr . Fabbroni noted , further , that the ownership of such
a machine would give the Town flexibility to perform other opera -
tions . Renting a machine is a problem when there is rainy weather
( the machine must be paid for even when it cannot be used ) . Sched -
ules are upset ; there is great pressure to re - arrange things . With
the machine the Town ' s response in emergency situations is greatly
enhanced .
Mr . Fabbroni stated that the Town should do more drainage
control work , more clean - up of road shoulders and ditches . The
Town is only performing maintenance work at 85 % efficiency . The
ownership of a machine would also give the Town flexibility in
trade - off situations with other municipalities .
Supervisor Desch inquired where the machine would be
funded . Mr . Fabbroni noted that there is $ 22 , 000 in the highway
budget for equipment . The remainder of the cost could come out
of the park fund because the machine would be used in constructing
and maintaining park areas . He did not think it would be necessary
to use revenue sharing funds .
Supervisor Desch suggested to Mr . Fabbroni that he insert
this item in the budget as a department request , a supplemental
request . He said the Town could not act without a source of funds .
Drainage situation in the Brandywine Road area . The
staff has prepared a topographic map of the area east of Brandy-
wine adjacent to the Northeast School . The drainage off the school
site is right into some of the adjacent properties with no provision
to divert that drainage to roadside ditch without sheeting across
properties . The Engineering Department will draw up an easement
for consideration by school officials . Included will be a map of
the proposed drainage swale .
PERSONS TO BE HEARD
Mr . Arthur L . Berkey , 128 Christopher Circle , inquired
what the Town Board ' s policy is with regard to condemnation of
private property . Supervisor Desch said the Town ' s policy is to
try to avoid it and that the Town had been successful in doing so .
He said the Town has gone to considerable length on every public
project to avoid condemnation . Mr . Buyoucos , Town Attorney , noted
that with respect to the Bolton Point project ( in which there were
many easements required ) there was only one condemnation , and that
involved other considerations than the mere installation of a main .
Supervisor Desch noted that in the five - area sewer project there
is only one condemnation proceeding pending . Mr . Buyoucos stated
that in all the years since 1958 , those are the only two condemna -
tion proceedings .
IS
Town Board Minutes - 11 - September 11 , 1978
Supervisor Desch said it was his view that each proposal
had to stand on its own feet in relation to the benefit to the
community .
Mr . Berkey said , " We have heard in the meeting regarding
Coy Glen there are people who publicly said the only way ' you will
get my property ' ( Babcock and Kraut ) was by condemnation . If you
are unable to resolve that , is it an option that the Board is clearly
holding open to condemn ? " Supervisor Desch said , " Yes . "
REPORT OF COUNTY REPRESENTATIVE
Mrs Livesay noted that people who are clearly within
Agricultural District No . 6 , in order to take advantage of the
exemption , must apply for it every year . She stated that there
shoe..ild be an on- going educational program in this regard . The
eligibility is not automatic , it must be applied for . She suggested
that the Town should publicize this , perhaps in the Town newsletter .
With regard to ambulance service , Mrs . Livesay urged that
the Town have representatives present when a decision in this matter
is being considered . No decision can be made , she said , without
knowing what the total problem is . Mr . Berkey inquired if the Town
would continue to get commercial ambulance service . Mrs . Livesay
said she thought the commercial ambulance company would like to
cooperate in service but they cannot continue without a subsidy .
It was agreed that Councilman Freeman will represent the Town of
Ithaca at the meeting on September 21 , 1978 regarding the ambulance
service .
Mrs . Livesay noted that the Six Mile Creek matter is still
" hanging fire . " There have been responses from a lot of people ,
but the matter has not yet been resolved .
Mrs . Livesay referred to changes in the County charter and
noted that copies of the charter and the changes may be had at
the office of the County Board of Representatives from the Clerk ,
Phyllis Howell .
COMMENDATION
Mr . Berkey commended the Board for holding public hearings
at 7 : 30 p . m . and on the Newsletter .
FINANCIAL PLAN - IMPLEMENTATION
OF PARKS AND OPEN SPACE PLAN
Councilwoman Raffensperger reported that the Financial
Plan for the Implementation of Parks and Open Space Plan ( copy
of which is attached to these minutes ) reflects two primary goals
of the Town Board and the Parks and Open Space Plan : ( 1 ) acquisition
of open space and of neighborhood play space , and ( 2 ) initial grading
and development of playing fields in neighborhood parks . In addition ,
i
for Town Board Meeting. I
FIN ,NCIkL PLAN , IMPLEMENTATION OF PARKS 'AND OPEN SPACE PLAN 9111/78
X125 ,000 - Capital Reserve Fund (minus expenditures to date , plus income )
$2502000 - 10 years a approx . x:25 ,000 per year (25% , Revenue Sharing Funds )
"375 ,, OOO - Ten Year Total
To be divided into three funds : Acquisition , Capital Improvements , Maintenance
A125 ,000 -t225 ,000 925 ,000
PURPOSE FUNDING
i
I , Acquisition
Coy Glen Local : ° 125 ,000
Forest Home Matching Grants
South Hill Subdivisions
West Hill Donations
Dick Brook
II . Capital Imcprovements
A . . Projects Approved
East Ithaca Ei.keway Local : $35 ,000
Northview Road ?Jest Other : Matching Grants i
DeWitt Recreation School District
B. Stage I
Northeast Local : $90 , 000
East Ithaca Other : Matching Grants
Forest Home Community Support
South Hill
West Hill
Co Stage II
East Ithaca Local : °5100 ,000
Northeast Other : Matching Grants
South Hill Community Support
Forest Home
West Hill -
Coy Glen
III . Maintenance
Average/10 years Local : $25 ,000
Other : Community Support
i
2 - Parks
Years 1 - 5 Years 6 - 10
I 0125 , 000 $100 , 000 A 25 ,000
II "2252000 1125 , 000 A1003000
III 9 25 ,000 $ 103000 S 15 ,000
STAGE I -A- - B-
LOCAL BUDGET LOCAL FUNDING ONLY MATCHING GRANT
rtheast X55 ,000 First Phase , Completion ,
st Ithaca Existing Designs Existing Designs
Forest Home 835 ,000 Grading , Basketball , Sand .
South Hill Ball Fields , Picnic areas btc .
?west Hill Play Area added to -A-
STAGE I DEVELOPMENT REPRESENTS PAST REQUESTS OF RESIDENTS
STAGE II
LOCAL BUDGET LOCAL FUNDING ONLY MATCHING GRANT
Northeast Basketball , Sand Tennis 1
East Ithaca area , Paths , Pavillion
Forest Home Picnic areas , 2 -3 of -A-
South Hill ° 100 , 000 LaTm Games , added to A
West Hill Nature Walks , �
Coy Glen Playground
T L STAGE II DEVELOPMENT WOULD BE . DETEPJ%II?\TED BY REQUESTS OF RESIDENTS BOTH IN THE '
TER OF TIMID AND TYPE OF DEVELOPMENT ,
Park Committee
9/9/77 - 2/16/78 - 3/20/78
6/1/78 _ 9/11/78
i
I
Town Board Minutes - 12 - September 11 , 1978
it allows for future development in neighborhood parks at the re -
quest of residents . The plan is flexible enough to allow for changes
in development patterns in the Town , changes in needs of neighborhoods
for specific recreational facilities , and changes in funding sources .
Councilwoman Raffensperger stated that as far as the budget
for next year is concerned , the primary thing is whether the Town
Board is prepared to allocate 25 % of revenue sharing funds for the
park reserve fund .
Mr . Berkey asked why the $ 125 , 000 in Stage I was set out
as a block rather than broken out into a specific amount for each
area - - Coy Glen , Forest Home , South Hill , West Hill , and Lick Brook .
Councilwoman Raffensperger said that to do that would have been arbi -
trary and for the most part guesswork . She said in some cases sub -
division donations would be involved and there is the question of
costs which are difficult to determine in advance . The attempt ,
therefore , was to make an intelligent estimate for the package as
a whole . Mr . Berkey said he felt the $ 100 , 000 in Stage II ( Capital
Improvements ) could be broken down . He said that the $ 100 , 000 did
not reflect the needs of any one particular location - - that the
entire $ 100 , 000 might be spent on one location . Mr . Fabbroni said
that that would hardly happen . He said the effort would be balanced
in such a way that all six sites would benefit and in such a way that
the expenditure would not be in excess of $ 100 , 000 .
Mr . Berkey asked where on the report the costs for the
development of Coy Glen are indicated . Councilwoman Raffensperger
said the report does not specifically state the development costs
of any one area .
Supervisor Desch said the next step is to consider the
budget process , the level of support the Board wishes to afford .
He said the Park Committee should be commended for the extensive
work done to this point . He said it is his view that the Town has
a commitment to develop the identified areas . It is a question of
what level of spending should be done and in what specific areas .
Part of the answer to that , he said , would depend on the availability
of land and the availability of local funding . He said it would be
appropriate to look into the feasibility of allocating $ 25 , 000 of
revenue sharing and that that should be done on September 25 .
INTERSECTION LIGHTING
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that the Town of Ithaca hereby accepts the proposal of
New York State Electric & Gas Corporation for the installation of
intersection lights in accordance with letter from G . J . Messmer ,
Commercial Representative , Ithaca Area , New York State Electric &
Gas Corporation , dated August 31 , 1978 ( copy of which is attached
to these minutes ) .
( Freeman , Raffensperger , Valentino , Powers , Desch , and McElwee
voting Aye . Nays - none )
BUS SERVICE TO THE NORTHEAST AREA ,
ITHACA COLLEGE AND TOMPKINS COUNTY HOSPITAL
Mr . Fabbroni distributed maps indicating bus routes to
these areas . After some discussion , Councilman Freeman recommended
that the Town Board commit itself to subsidize a bus run to the
Northeast area in the amount of $ 4 , 000 .
67
Town Board Minutes - 13 - September 11 , 1978
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that the Town of Ithaca agrees , in principle , that it
will subsidize a bus run to the Northeast in the amount of $ 4 , 000
for the first year of operation on a year to year renewal basis ,
from September 1 in each year until the close of the school term
in June ( the run not to include Saturdays or Sundays ) .
( Freeman , Raffensperger , Valentino , Powers , McElwee , and Desch
voting Aye . Nays - none )
Councilman Freeman , with respect to a proposed bus run
to the Tompkins County Hospital , recommended that no action be
taken by this Board until it is known what the County intends
to do . It was agreed that no action will be taken until after
the Transit Commission meets on September 20 and the County meets
on September 21 ,
COMMITTEE REPORTS
Traffic Committee
The Committee ' s final report will be ready for the Town ' s
next meeting - - September 25 , 19780
Codes and Ordinances
Councilman Powers reported that the Codes and Ordinances
Committee have completed work on and have approved an agricultural
zone , a mobile home residence zone , an institutional use zone , a
conservation area , and a special flood hazard area , submitted to
the Board for approval or disapproval . The Codes and Ordinances
Committee would like to have this material returned with recommended
changes from the Town Board , the Town Planning Board , and the County
Planning Board , as well as the Town Attorney . What has been pre -
sented thus far is about one - third of the whole . Councilman Powers
suggested a special meeting or meetings to get the revisions worked
outs
Councilman Powers noted that Mark Jozwicki ( who is no
longer with the Town ) and Barbara Restaino have done an outstand -
ing job on the zoning ordinance . This work is now being done
primarily by Barbara Restaino with the guidance of the Codes and
Ordinances Committee .
Supervisor Desch recommended , first , that the Town Board
mark up the material and get it back to the Codes and Ordinances
Committee . The minutes of the Joint Meeting of the Town Board ,
the Planning Board , and the Zoning Board of Appeals on May 2 , 1978
indicate the order in which the work should be done , as follows :
( 1 ) Agricultural Zone District , ( 2 ) Mobile Home Park District ,
( 3 ) Institutional Use District , ( 4 ) Special Flood Hazard District ,
( 5 ) Industrial Districts , ( 6 ) Business Districts , and ( 7 ) Residen-
tial Districts .
There was some discussion of whether to preface the new
Zoning Ordinance with a statement of intent . No firm decision
was made on this matter at this time .
It was agreed that an agenda item for the meeting of
the Town Board on September 25 , 1978 would be " Zoning Ordinance
Revisions . "
16V
Town Board Minutes - 14 - September 11 , 1978
WATER BILL REFUND
Motion by Councilman McElwee , seconded by Supervisor Desch ,
RESOLVED , that this Town Board hereby approves payment in the
amount of $ 31 . 92 to Douglas Lathwell , 130 Northview Road , Ithaca ,
New York , representing a refund due on an original billing of
$ 64 . 39 ( corrected to $ 32 . 47 ) , resulting in a refund due amount of
$ 31 . 92 .
( Freeman , Raffensperger , Valentino , Powers , McElwee , and Desch
voting Aye . Nays - none )
WASTE WATER TREATMENT FACILITIES
SCHEDULE OF CRITICAL DECISION POINTS
Supervisor Desch referred to his memorandum of July 11 ,
1978 to members of the joint City/Town Sewer Committee . He said
this paper is put before the Board at this time in the hope of
getting a commitment from the City of Ithaca in this matter .
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the adoption of critical decision points as shown on Supervisor
Desch ' s memorandum to members of the Joint City/Town Sewer Committee
dated July 11 , 1978 ( copy of which is attached to these minutes ) .
( Freeman , McElwee , Raffensperger , Valentino , Powers , and Desch
Voting Aye . Nays - none )
SIGN APPLICATIONS
Mr . Fabbroni reported that he would recommend that the
Town Board approve three sign applications : ( 1 ) Aquarium and Pet
Supplies , ( 2 ) Nautilus , and ( 3 ) Roy ' s Cafeteria , all on East Hill
Plaza . He stated that all three are in compliance with the Sign
Ordinance and have been approved by the Planning Board
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that the sign applications , as presented , for ( 1 )
Aquarium and Pet Supplies , ( 2 )" ' Nautilus , and ( 3 ) Roy ' s Cafeteria
( all on East Hill Plaza ) are hereby approved .
( Freeman , Raffensperger , Valentino , Powers , McElwee , and Desch
voting Aye . Nays - none )
REQUEST OF ROBERT ANDREE , JR . ( TEXACO )
FOR TWO ADDITIONAL FREE - STANDING SIGNS
Mr . Fabbroni reported that Robert Andree , Jr . has requested
approval for two additional free - standing Texaco signs on the
corner of Judd Falls Road and Ellis Hollow Road . These would be
located far enough back from the corner so as not to conflict with
sight lines up Ellis Hollow Road at the stop sign . The signs would
be set in a planter with wood chips at the base . Mr . Andree has
requested two additional free - standing signs rather than a configu -
ration adding to the sign already there . This is a request for a
variance from the Sign Ordinance . The signs would advertise the
variable costs of the Texaco products . This would make a total of
three signs .
� bq
Town Board Minutes - 15 - September 11 , 1978
Mr . Andree illustrated what they . have requested at each
entrance .
Councilwoman Raffensperger said she was opposed to an
approval for three signs .
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that a variance be granted to Robert Andree , Jr . for
two additional free - standing signs on the corner of Judd Falls
Road and Ellis Hollow road to advertise the variable costs of the
Texaco products .
( Freeman , McElwee , Powers and Desch voting Aye . Raffensperger
and Valentino voting Nay )
The motion was adopted .
NEW DOG CONTROL LEGISLATION
This matter was deferred to the October meeting .
SHELDON ROAD TANK RESOLUTION
Motion by Supervisor Desch ; seconded by Councilman Powers ,
WHEREAS , the new Bolton Point water system serves the
Sheldon Road Tank without the need for the pre - existing pump
station , and
WHEREAS , it has been determined by the City of Ithaca
Fire Chief , the Village of Cayuga Heights Fire Chief , and the
Bolton Point Chief of Plant Operations , that the pump station is
not needed for emergency purposes ,
NOW , THEREFORE , BE IT RESOLVED :
That the New York State Electric & Gas Corporation be
directed to disconnect the electric service to the Sheldon Road
pump station , it being understood that if the Village of Cayuga
Heights wishes to use the pump house , the Village will install
electric for lighting ( security ) and space heating .
Approval of this resolution is contingent upon the adop -
tion of a parallel resolution by the Board of Trustees of the
Village of Cayuga Heights .
( Raffensperger , Valentino , Freeman , McElwee , Powers , and Desch
voting Aye . Nays - none )
TOWN OF ITHACA WARRANTS
Motion by Councilman Powers ; seconded by Supervisor Desch ,
RESOLVED , that Town of Ithaca warrants dated September 11 , 1978
in the following amounts are hereby approved :
General Fund $ 12 , 355963
General Fund ( Outside Village ) . 21491 . 65
Highway Fund 34 , 695959
Water and Sewer Fund 73 , 439 . 71
Lighting Districts 188 . 34
Capital Projects , Five -Area
Sewer 14 , 135 . 89
( Freeman , Powers , Raffensperger , Valentino , McElwee , and Desch
voting Aye . Nays - none )
Town Board Minutes - 16 - September 11 , 1978
BOLTON POINT WARRANTS
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that the Bolton Point warrants dated September 11 , 1978 ,
after review by the Town Board , and upon recommendation by the
Southern Cayuga Lake Intermunicipal Water Commission that they
are in order for payment , are hereby approved in the amount of
$ 535 , 880 . 44 in the Operating Account .
( Freeman , McElwee , Valentino , Raffensperger , Powers , and Desch
voting Aye . Nays - none )
REPORT OF PLANNING BOARD CHAIRWOMAN
In the absence of Mrs . Bronfenbrenner , the Town Clerk read
her report as follows :
" The Town of Ithaca Planning Board met on September 5 to
discuss the following business .
- - a public hearing on an amendment to Phase I ( previously
approved ) for Eastwood Commons , Norbert Schickel developer ,
to include one additional building , Town of Ithaca Tax Parcel
6 - 60 . 1 - 1 - 45 .
The additional building to be similar to the existing
Phase I buildings , except that it will contain three
units instead of four . The amendment was approved and
given the designation I - a . Mr . Schickel will return to
the Planning Board on September 19th to present his proposal
for Phase II of Eastwood Commons .
- - The Planning Board recommended approval of three sign
applications for the former FBC building at East Hill
Plaza : ( 1 ) Aquarium and Pet Supplies ( 2 ' x 12 ' ) ; ( 2 )
Nautilus ( l. ' x 121 ) ; and ( 3 ) Roy ' s Cafeteria ( 2 ' x 121 )
- - St . Catherine of Sienna Church : add a hanging sign to the
existing sign for three weeks every fall to announce the
annual fair . The Sign Ordinance does not cover signs for
churches and similar buildings in residential zones . A
variance was granted to erect the existing sign .
It was suggested that a section be added to the Sign Ordi -
nance to deal with signs for non - residential buildings in
residential zones .
- - The operators of the new Texaco station at East Hill Plaza
requested three signs - - one 28 square feet , free - standing
with the Texaco logo , and two 21 square foot signs listing
gas prices at each entrance . The Sign Ordinance permits
two signs totaling 100 square feet . The alternate solution
would be a large sign , hanging under the logo , to list the
gas prices . This seemed more unsightly to Board members ,
and also more likely to obstruct the view , and , therefore ,
a variance was recommended .
- - a public hearing to discuss a preliminary subdivision
proposal for the Ridgecrest Road area , back lot , Lagrand
Chase , Town of Ithaca Tax Parcel 6 - 45 - 1 - 2 . 2 , was not held
because Mr . Chase was unable to be present . But a large
number of Ridgecrest Road residents had appeared and they
were asked to state their opinion of Mr . Chase ' s proposals
to the Board . Mr . Chase had written a letter to these
people on August 2 stating that he wished to develop the
Town Board Minutes - 17 - September 11 , 1978
parcel either as a mobile home park or a middle income
subdivision . He also offered to sell parts of the par-
cel to interested Ridgecrest Road residents . Public
feeling ran strongly against a mobile home park or possible
multiple dwellings in the area .
The Planning Board will discuss the completed section of the
Zoning Ordinance revision at its next meeting . "
EXECUTIVE SESSION
Motion by Supervisor Desch , seconded by Councilwoman Valentino ,
RESOLVED , that this Board retire into Executive Session .
( Freeman , McElwee , Powers , Desch , Raffensperger and Valentino
voting Aye . Nays - none )
There was discussion of certain policies with regard to
employees ' health insurance and other personnel matters .
After the executive session the Board reconvened for
regular session for the conduct of any remaining business .
HOSPITALIZATION AND HEALTH INSURANCE
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that the resolution adopted by this Town Board on May
8 , 1978 with respect to the Town of Ithaca health insurance pro -
gram is hereby amended , as follows : The Town of Ithaca will con -
tribute for any employee who retires from the Town of Ithaca ,
having served less than five years , one half of the insurance
premiums for health insurance coverage ( and 350 of said premiums
for his eligible dependents ) for the number of years served , at
the expiration of which time the Town of Ithaca will no longer
make such contributions .
( Freeman , McElwee , Powers , Valentino , Raffensperger , and Desch
voting Aye . Nays - none )
ADJOURNMENT
The meeting was duly adjourned at 11 : 55 p . m .
ew< 13A,
Ed r L . Bergen
Town Clerk