HomeMy WebLinkAboutTB Minutes 1978-10-10 TOWN OF ITHACA
REGULAR BOARD MEETING
October 10 , 1978 - 7 : 30 p . m .
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at Ellis Hollow Road Apartments ,
Recreation Room , 1028 Ellis Hollow Road , Ithaca , New York , on
October 10 , 1978 at 7 : 30 p . m . , there were
PRESENT . Noel Desch , Supervisor
Andrew W . McElwee , Councilman
Catherine Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
Gust L . Freeman , Jr . , Councilman
ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer
Robert Bonnell , Assistant to Town Engineer
James V . Buyoucos , Town Attorney
Liese Bronfenbrenner , Planning Board
Chairwoman
Robert Cutia , Ithaca Youth Bureau
Susan Hazlett , Ithaca Youth Bureau
Larry O ' Neil , Gadabout Bus Service
Judith E . Willis , Gadabout Bus Service
Genevieve Bossack , 1028 Ellis Hollow Road
Winona Brooks , 1028 Ellis Hollow Road
Beverly Coe , 381 Stone Quarry Road
Wayne Coe , 381 Stone Quarry Road
Becky Cofu , 355 Stone Quarry Road
John DeWire , 148 Pine Tree Road
Esther Davis , 1028 Ellis Hollow Road
Mary J . Farrell , 205 Stone Quarry Road
Paul L . Hartman , 132 Pine Tree Road
Eva B . Hoffmann , 4 Sugarbush Lane
John and Frances Hull , 389 Stone Quarry Road
Harriet Hull , 1028 Ellis Hollow Road
Paul Kelsey , 379 Stone Quarry Road
Mr . and Mrs . Imre Kovach , 201 King Road West
Elizabeth Larkins , 1028 Ellis Hollow Road
Montgomery May , 1360 Slaterville Road
Nancy Hewett , 1518 Slaterville Road
Daniel and Doris McCord , 218 Stone Quarry Road
Hilda Nelson , 1028 Ellis Hollow Road
Winifred C . O ' Malley , 386 Stone Quarry Road
Ottilie Rumph , 1028 Ellis Hollow Road
William Shipman , 375 Stone Quarry Road
Gene Snyder , 371 Stone . Quarry Road
Catherine Thompson , 1028 Ellis Hollow Road
Jennifer Uotila , 207 West I: ing Road
Representatives of the Media :
Philip Lerman , Ithaca Journal
Peter Schacknow , WTKO News
ABSENT : Victor Del Rosso , Councilman
Robert N . Powers , Councilman
SUPERVISOR ' S REPORT
Supervisor Desch reported as follows :
" We have held a number of our regular monthly meetings
in the various areas of the Town . This is the first one for East
Hill and the first one held in a housing facility . We appreciate
the opportunity to meet in your home and hope you will express to
us any concerns you may have about your Town government . "
Town Board Minutes - 2 - October 10 , 1978
" We do not have a heavy agenda since by law the tentative
budget hearing is held before the 10th of October . Tonight we
will consider changes in that tentative budget so that everyone
will know when we have the final hearing on November 9th what we
will be considering . "
" We are pleased to announce that a public hearing will be
held on the gravel extraction permit question for Coy Glen . This
public hearing will give everyone in the Town the opportunity to
express themselves on all matters pertaining to this gravel extrac -
tion . The Town has a number of concerns dealing with property values ,
erosion , preservation of the unique Glen area , and last but not least ,
reclamation . The hearing will be held at the Masonic Temple in Ithaca
so that sufficient capacity is available . "
" The Town has received word from the State Department of
Transportation that our area - wide speed limit request of 35 miles
per hour for the portion of the Town north of Route 79 has been
denied . I am , therefore , directing the Town Engineer to recommend
a selective program of speed limit reductions such as the hazardous
section of Pleasant Grove Road . We will base our case on the specific
situation in each area and insist on a thorough on- site review with
regional officials of the Department of Transportation . If we fail
to bring reason into this process we may have to seriously consider
conversion to a suburban town so that we can regulate our own speed
limits . "
" We have officially requested the County to add a deputy
sheriff to the County force . This request is in part based on a
recommendation in the Traffic Committee report which will be dis -
cussed later in the meeting . "
" The TV cable company has completed its survey for possible
service to the Poole Road area . The details will be presented on
October 18 at a meeting in the Town Hall . "
" The sewer project is moving along very well . Clean - up
work in completed areas is being done in excellent fashion . We
had our first formal project meeting with the contractors today
to review the status of all -items . The only possible delay is the
electrical panels for the pump stations . This delay may mean that
people in Forest Home and Slaterville Road may not be able to con -
nect to the sewer until December or January . Every effort is being
made to move this schedule up . "
PLANNING BOARD CHAIRWOMAN ' S REPORT
Liese Bronfenbrenner made the following report :
" The Planning Board met on September 19th to consider the
following matters :
" A public hearing for consideration of a proposed rezoning
of Tax Parcel 6 - 54 - 4 - 25 , 167 Kendall Avenue from Residential District
9 to Multiple Family District ( Lawrence and Trinna Iacovelli . ) The
owners were represented by Mr . Mazza ( Edward ) . "
" Mr . Mazza presented the Planning Board with a lengthy
statement dealing with the legal implications of granting or not
granting a variance to his clients . He also presented the Board
with a pencil sketch of the lots and building in question . He said
that Mr . Iacovelli wishes to convert a conforming two family house
to a four family house . The additional two kitchens in the building
Town Board Minutes - 3 - October 10 , 1978
were roughed in at the time of construction . He feels a one family
house located on a plot consisting of three R- 9 lots of 50 by 150
square feet would be more desirable to the public and more profit -
able to him , than three two - family units , one on each lot . "
" A request for a variance was turned down by the Zoning
Board of Appeals on January 10 , 1978 , Mr . Mazza came to the Planning
Board to ask for a rezoning from R- 9 to Multi - Family . The Planning
Board recommended to the Town Board that the rezoning rqquest be
denied because it did not meet the requirements of tract size in a
Multiple Residence District as given in Article VI , Section 281 of the
Town of Ithaca Zoning Ordinance . The Planning Board did not rule on
the question of spot zoning , nor the granting of the requested vari -
ance , the latter not being the prerogative of the Planning Board . if
" A second public hearing was held to consider the Site
Plan Review , Phase II , Eastwood Commons , Tax Parcel 6 - 60 - 1 - 25 . 42
( Norbert Schickel ) . "
" Phase II to consist of 14 new buildings similar to the
existing structures , except that some will contain three instead
of four units . The developer will complete the road and install
landscaping similar to the landscaping in Phase I . The request
was approved contingent on Health Department approval . "
" The Forest Home walkway from Warren Road ( uphill from the
Blumen property ) to Forest Home Drive ( between Kelly and Whetzel )
was also discussed . The present owner , John P . Hertel , wishes to
present a quit claim deed to the Town . The walkway is used by resi -
dents and school children , rather than walking along Warren Road . "
" The Planning Board also discussed the completed sections
of the proposed Zoning Ordinance revision . The Planning Board com -
ments have been presented to the Codes and Ordinances Committee . "
" The Chairman has been approached by the Office of the Aging
to assist with and support the Senior Citizen housing survey . This
survey is related to the survey Eva Hoffmann is doing in the Town .
This support would probably require staff attendance at the survey
meetings . "
TOWN ENGINEER ' S REPORT
Five -Area Sewer Project
Mr . Fabbroni reported that Elm Street is now totally
complete with the exception of driveways . Coddington Road and
Glenside will also be ready for hook - up within the next two weeks .
Slaterville Road will be delayed until November for completion of
pump stations . In terms of dollars the work is 50o completed , and
the Town continues to be no more than $ 10 , 000 over the original esti -
mates received from the contractor .
Christopher Circle Tank
The Christopher Circle tank has been painted and completed
with the exception of the final chlorinization and disinfecting of
the tank . The project has gone quite well and will be under the
$ 20 , 000 budgeted for the painting of the tank . The Town budgeted
$ 25 , 000 for cathodic protection and painting of the tank . Since
the Town is under budget on the $ 20 , 000 for painting and since
cathodic protection will cost $ 4 , 990 , the Town will be under the
overall budget of $ 25 , 000 for the project .
a-4
Town Board Minutes - 4 - October 10 , 1978
Salt Storage Shed
Mr . Fabbroni reported that , basically , the project has
been re - thought . The possibility of it being strictly a pole barn
facility is being considered , in order to economize on the amount
of lumber which might go into a small salt storage area . A pole
barn structure would result in more flexibility . Construction , labor
and materials will cost considerably less per square foot than for a
salt storage shed . Mr . Fabbroni said he would have a more definite
report on this by next Monday .
Building Permits
Mr . Fabbroni reported total building permits for new con -
struction in September of 1978 as $ 448 , 225 as against $ 199 , 100 for
September of 1977 . The major building permits for 1978 were four
permits for one - family residence dwelling units ( $ 176 , 500 ) ; two -
family residence dwelling units , one permit , ( $ 50 , 000 ) ; one permit
for three - family residence dwelling units , multi - family , ( $ 160 , 000 ) .
In September of 1977 the major building permits were three permits
for one - family dwelling units ( $ 164 , 000 ) and one permit for a business
unit ( $ 32 , 000 ) .
TOWN ATTORNEY ' S REPORT
Mr . Buyoucos reported that he had prepared and submitted
to the Town Clerk a proposed local law proposed to be adopted after
public hearing on an increase in dog license fees .
Mr . . Buyoucos briefly reviewed the status of the bikeway
agreement with Cornell University . In June , the Supervisor signed
a license agreement ( Honness Lane to Mitchell Street bikeway ) , as
submitted by Cornell University . In the agreement there was a pro -
vision that the Town agrees to save and hold harmless Cornell Uni -
versity from any and all lawsuits arising out of � the Town usage :-of
the right - of -way " for a bicycle path . A response from Cornell Univer -
sity appeared to indicate they were looking to the Town to take on
the assumption of liability . Mr . Buyoucos said he could not recom-
mend to the Town that it assume any liability for possible negligence
of Cornell University . Nothing further has been heard from Cornell
and the matter appears to be stalled at this time .
Supervisor Desch commented that it is unfortunate because
it was hoped that the bikeway would be operational for the fall term .
Funds had - been budgeted to clear it and have the right - of -way prepared .
Mr . Buyoucos said it may be that everything will eventually work out ,
but that he was not disposed to devote any further attention to this
matter until there is some indication from Cornell University that
they are ready to proceed .
PUBLIC HEARING - 8 : 00 p . m .
INCREASE IN BOLTON POINT BENEFIT LEVY
Proof of posting and publication of notice of public hearing
in the above matter having been presented by the Town Clerk , the Super -
visor opened the hearing .
Supervisor Desch recalled that at the Board meeting in
September it was the Board ' s judgment that it would be wise to
consider the likelihood that Revenue Sharing funds will be dis -
continued at the end of the current authorized period , 1980 . The
Town Board Minutes - 5 - October 10 , 1978
allocation , therefore , of Revenue Sharing funds toward the Bolton
Point levy was reduced by about $ 19 , 000 from what had been allocated
for it in each of the several past years . To generate an approxi -
mately equivalent amount of money , it appears appropriate to raise
the Bolton Point benefit levy from $ 25 . 00 to $ 29 . 00 per unit . Four
dollars a unit ( approximately 5 , 000 units ) will generate the $ 20 , 000
required . With that background , Supervisor Desch opened the hearing .
Supervisor Desch stated that he is hopeful that the benefit
levy for Bolton Point will not increase beyond $ 29 . 00 per unit . He
said there are a number of factors which will influence that , but
they are not definite at this time . He noted that the Town Engineer ,
earlier in the meeting , reported increased building activity . There -
fore , the number of units will increase . Whether they will increase
sufficiently to sustain the $ 29 . 00 levy until the debt decreases is
the question .
Mr . Arthur Berkey said he was surprised to hear of a proposal
to increase the benefit charge considering the fact that the Bolton
Point construction is complete . Supervisor Desch said that the levy
is to pay for retirement of principal with regard to the construction .
Mr . Berkey inquired if there was any deficit beyond the $ 300 , 000 al -
ready indicated . Supervisor Desch said the fact is that the Town of
Ithaca has for several years been subsidizing the Bolton Point benefit
levy with Revenue Sharing funds in order to keep it at $ 25 . 00 and that
the proposed increase at this time has nothing to do with the $ 300 , 000
deficit . Supervisor Desch said that this proposal is nothing more than
a shift of priorities , a shift to other Town needs rather than subsi -
dizing the Bolton Point benefit levy .
Supervisor Desch explained that when the Revenue Sharing
allocations were made in each of the particular years , they were
identified as allocations to keep the Bolton Point benefit levy at
$ 25 . 00 per unit . What the Board is saying now at this public hearing
is that the time has come to recognize that there may not be a Revenue
Sharing appropriation by the Congress beyond 1980 , and , therefore , the
Town should begin to think of what other Town needs must be considered
which can be funded with Revenue Sharing funds .
Mr . Berkey asked if there were a financial report available
at this hearing with regard to the use of Revenue Sharing funds ,
showing the allocations . Supervisor Desch said that that material
was available at the hearing on the use of Revenue Sharing funds ;
that the arithmetic was straightforward ; that it was simply a matter
of raising $ 20 , 000 ; that the Board ' s proposal is to raise the $ 20 , 000
via the Bolton Point benefit levy rather than using Revenue Sharing
funds ; that the Revenue Sharing funds thus saved could be used for
other Town priorities . He stated , further , that Mr . Berkey was ask -
ing questions which were thoroughly answered and documented at the
September Revenue Sharing hearing .
Walter J . Schwan , former Town Supervisor , agreed with Super -
visor Desch that Mr . Berkey was ill - informed , that his questions
indicated he was " mixing apples and oranges . " Mr . Schwan recalled
that when Bolton Point was first built there was no money to run it
with . Therefore , the three towns and a village ( Towns of Ithaca ,
Lansing , and Dryden and the Village of Cayuga Heights ) established
a benefit levy of $ 265 , 000 . This was before a drop of water was
available to anyone . It was necessary to hire people , to train them ,
to buy equipment to put the system into operation . He noted there
is no provision in State law for any
Town Board Minutes - 6 - October 10 , 1978
way to finance a water system before it begins to raise money .
That is why the benefit levy was established . The first two years
of Revenue Sharing were allocated immediately to the Town of Ithaca ' s
share of the benefit levy for Bolton Point . It was then that the
$ 25 . 00 benefit levy was assessed and the difference between what
was raised from that levy and the total required was made up by
Revenue Sharing funds ( $ 162 , 000 ) in the first two years , 1973 and
1974 . Mr . Schwan said he had recommended to Supervisor Desch about
a month ago that the levy be increased so that the Town in 1980 and
1981 would break even . He stated his opinion that Revenue Sharing
is a " dead duck . " He doubted that the Congress of the United States
would supply the money . He said the Town " must be prepared
for the future . "
Supervisor Desch said it should be noted that the present
$ 25 . 00 benefit rate is very reasonable in view of the fact that
it compares to other rates throughout the State of anywhere from
$ 150 . 00 to $ 200 . 00 and higher . He said the question is : What
does the Town want to use Revenue Sharing funds for ?
Councilwoman Raffensperger said she wanted entered in the
public record that the material with respect to the use of Revenue
Sharing funds was made available at the last Town Board meeting .
She said that from January of 1972 to October of 1973 , the Town of
Ithaca subsidized the Bolton Point benefit levy by $ 179 , 871 . 21 . She
said for the taxpayer there is no real increase . It is simply a
matter of the allocation being made from a different source .
Mr . Berkey insisted that all the figures should have been
available at this meeting , and not presented prior to the meeting .
Supervisor Desch again said that the information was made available
at the hearing when the Board considered Revenue Sharing and how
it was to be allocated . Mr . Berkey received support from several
in attendance that a financial statement should have been made
available at this meeting , saying they could not be present at
all the Town Board meetings . Supervisor Desch said the material
was available at the hearing on October 5 and that it would have
been redundant to present it again at this meeting .
No other persons appeared to be heard on this matter .
Therefore , the Supervisor closed the hearing and the Board acted
as follows :
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the Bolton Point benefit levy be increased from
$ 25 . 00 to $ 29 . 00 per unit , the remainder of the benefit formula to
remain unchanged .
( Valentino , Raffensperger , Freeman , McElwee , and Desch voting Aye .
Nays - none )
Councilwoman Raffensperger noted for the record that the
material distributed at the October 5 meeting is available in the
Town Hall for inspection by any interested party .
REVIEW OF TENTATIVE BUDGET
Mr . Robert Cutia , Ithaca Youth Bureau , requested that the
Town of Ithaca contribute $ 10 , 000 over and above the Town ' s 1978
contribution , for the year 1979 . This would , he said , provide
funds for special children and adults who heretofore have not
. benefited from City of Ithaca recreation programs . Mr . Cutia
noted that the City of Ithaca budget for youth and recreation
( Ithaca Youth Bureau ) has been increased by 13 . 70 . He noted also
Town Board Minutes - 7 - October 10 , 1978
that the amount of money that the City of Ithaca is presently re -
ceiving from the Town of Ithaca for Youth and Recreation services
has been the same in 1977 and 1978 . Mr . Cutia said he was ready
to answer any questions in this matter . He had with him Susan
Hazlett ( Ithaca Youth Bureau ) and Robert Kenerson , Chairman of
the Ithaca Youth Bureau Finance Committee , whom he introduced .
Councilwoman Raffensperger asked what the total request
from the Town is . Mr . Cutia said approximately $ 42 , 000 . The Super -
visor asked what the impact would be if the requested increase were
not forthcoming . Ms . Hazlett said that with the Town contributing
and the City contributing two more staff people could be supported .
Half of the children in the community and one - third of the adults
are affected , she said . Supervisor Desch asked what kind of support
the Ithaca Youth Bureau received from the County . Mr . Cutia said
they have an application pending for supporting part of the program ,
but that they cannot deal with the County for funding until after
January 1 . He said when they deal with the County Youth Bureau they
will present their programs as others do and see whether they qualify .
He said he thought the County looks on their programs favorably be -
cause they have already indicated that at the time of the last re -
quest .
Supervisor Desch said it would be helpful to the Town Board
if it had a parallel recommendation with regard to the priorities
being considered by the County Youth Bureau . Mr . Kenerson said
that had not been explored , that some of the money might be used
as matching funds .
No commitment was made by the Town Board at this time for
the additional funding requested by the Ithaca Youth Bureau .
After the presentation of the Ithaca Youth Bureau request
Supervisor Desch opened the discussion of the tentative budget which
was first presented at the October 5 meeting .
Walter J . Schwan , 231 Coy Glen Road , asked why Personnel
( page 2 of the proposed budget ) had gone up about $ 11 , 000 . Super -
visor Desch said that hiring an account clerk/ typist accounted for
$ 7 , 200 . 00 and the remainder is bits and pieces of salary increases .
Mr . Schwan asked why Town Engineer is up $ 6 , 600 . 00 . Supervisor Desch
said the increase there is to make what is now a part - time Engineer
to a full time position ( Michael Ocello ) . What is now a half - time
position is proposed as a full - time position . Mr . Schwan noted that
under Shared Services , Buildings - Town Hall , Contractual Expense , there
is an increase of about $ 6 , 600 . 00 . Supervisor Desch explained that
a line item for building maintenance of $ 2 , 000 . 00 has been included
and there is also reflected a telephone rate change , based on the
telephone company changing to unit message rate .
Mr . Schwan said he was most concerned over the fact that
the total budget has increased by $ 56 , 000 , that when the deletion
of the Town Controller is taken into account the budget is really
up $ 69 , 800 . Councilwoman Raffensperger noted that two other posi -
tions have been substituted .
F
Mr . Schwan said it should also be noted that there is a
" one- shot windfall " with regard to the Town Policeman item ( $ 12 , 000 ) ,
going from $ 17 , 000 to $ 5 , 000 . He said he particularly quarrels with
the item on page 8 of the proposed budget - Improvements ( Contractual
Expense ) , the increase from ' $ 26 , 459 to $ 46 , 540 . Supervisor Desch
said the primary reason for that increase ( about $ 20 , 000 ) is the
result of reimbursement from the Federal government of flood control
money in the amount of $ 30 , 000 , noting the increase in the revenue
account , that money will be used for Town improvements , re - surfacing
roads , etc .
Town Board Minutes - 8 - October 10 , 1978
Mr . Schwan noted that on page 9 , under Equipment , there is
a change from $ 25 , 423 to $ 42 , 000 , the increase , according to the
Ithaca Journal , being for a bulldozer . Mr . Schwan said he questioned
the need for the Town , owning a bulldozer . He said this type of equip -
ment is very costly to maintain for one thing and he eas`3.Qd.d: : where it
would be stored . He recommended , instead , that when needed such equip -
ment should be rented . Such equipment , he said , would only be used
for two or three months a year Mr . Schwan said this is the first
time in the last 10 or 12 years that the Town has raised the machinery
fund for a particular piece of equipment . He said that , according to
Mr . Judd Welch , CPA , who audits the Town financial records , the audit
of 1977 showed in the Town general fund a surplus of $ 123 , 000 . In
1978 , he said , $ 15 , 000 was budgeted for unexpended balance , which
means that the surplus is still almost $ 109 , 000 . He recommended that
if money was to be appropriated for a bulldozer it should be appro -
priated out of the surplus . Supervisor Desch felt there was no prob -
lem with the storage of the equipment , that in addition to work on
park development there would also be drainage problems which would
be well served by the use of a bulldozer . He said that it was a
question of cost effectiveness and the judgment of the Board in
balancing the hours or usage and retirement of the cost . Mr . Fab -
broni , Town Engineer , felt that purchasing a bulldozer would be
more economical than renting one and give the Town greater flexi -
bility in its operations , that the equipment would be in use suf -
ficiently to make the purchase worthwhile in the long term . Super -
visor Desch said it is a matter of priorities and how rapidly the
programs which have been proposed ( parks , drainage , etc . ) will be
developed and implemented .
Mr . Schwan said that , personally , as a taxpayer , he would
be willing to fund the Town ' s share of a bus run to the Hospital
on a one - year basis to see if it is used enough to make the Town ' s
contribution worthwhile . He said , however , he saw no reason why
the Town is funding a bus in the Northeast which benefits apartment
houses in the Village of Lansing . Supervisor Desch said it also
provides service in the Town of Ithaca and the Village of Cayuga
Heights . Mr . Schwan suggested that if the Town continues to sup -
port the Northeast bus run that it ought to be removed from the
regular budget and appropriated out of Part - Town surplus . Super -
visor Desch said he thought it was a matter of judgment with regard
to whether it is a Town - wide budget item . He said the State budget
guide recommends this type of item as a Town -wide item . He noted
that the problem with part - Town surplus is that there are limita -
tions on what it can be used for .
With respect to the bulldozer , Supervisor Desch said he
agreed it could be taken out of surplus , that the Board could
consider that .
Mr . Berkey asked why the appropriation for Town Policeman
was being reduced . Supervisor Desch said that the Traffic Committee
has recommended that the increase in traffic enforcement be handled
by increasing the force in the County Sheriff ' s Office and that the
Town ' s role would be to improve safety at intersections , use additional
signage where necessary and permitted , and possibly the use of traf -
fic devices . Mr . Berkey asked what kind of improvements were intended
and at what locations . Supervisor Desch said that has not yet been
determined ; that the traffic survey data identifies where the prob -
lems are but the design of the improvements has not been firmly set
at this time . • Mr . Berkey asked if the Traffic Committee had decided
that having a Town policeman would not be effective . Supervisor
Desch said the judgment of the Traffic Committee is that there are
other aspects to the traffic volume problem which cannot be resolved
by speed enforcement . There is the matter of circulation in Forest
Home and other areas of the Town . Mr . Berkey asked if the Traffic
Town Board Minutes - 9 - October 10 , 1978
Committee had found there was a speed problem . Supervisor Desch
said there is a speed problem on Hanshaw Road and on Pine Tree Road
to a lesser degree , and a truck problem on Rt . 79 which is a speed
associated problem . Mr . Berkey asked if no money were being allo -
cated toward speed control . Supervisor Desch said the Town has
officially requested the County to include in their budget funds
to increase the County Sheriff ' s staff ; that there is $ 6 , 000 in
the Town budget for traffic control . The Traffic Committee did
not recommend the specific amount of $ 6 , 000 but they did recommend
the concept . Councilman McElwee is the Chairman of the Traffic
Control Committee .
Councilman McElwee said he agreed with Mr . Schwan with
regard to the matter of the bulldozer . He said there was another
possibility , however , that of using other towns ' equipment of County
equipment . Mr . Fabbroni said the problem with that is that when
the Town had a bulldozer everybody else used it - - the City of Ithaca
among them . Further , he said , the County does not have a suitable
bulldozer and the City of Ithaca only has an old D6 . Mr . Fabbroni
said that officially his department proposed taking $ 20 , 000 out of
the Park fund and $ 20 , 000 out of the machinery fund . He said so
far as the " pay - back " the machine would pay for itself twice over .
He said that . based on the Town ' s experience over the last four years ,
we have paid for a machine already . "
Councilwoman Raffensperger said she would like the Board
to consider using part -Town surplus , in accordance with Mr . Schwan ' s
suggestion , insofar as it may properly be so used . Mr . Schwan said
that any authentic surplus can be budgeted by the Board into a con -
tingency account or any specific line item .
Councilman McElwee said he would prefer to have the full
Board present before any decision is made with respect to the bull -
dozer , either to withdraw it or retain it . Supervisor Desch said
it can be left in the budget at this time and withdraw it at the
hearing on November 9 , if that is what the Board should wish to do .
COMBINED REGULAR AND BUDGET MEETING
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that the Town Board of the Town of Ithaca shall hold a
combined regular and budget meeting on November 9 , 1978 at the
Town Offices at 5 : 15 p . m .
( Freeman , Valentino , Raffensperger , McElwee , and Desch voting Aye .
Nays - none )
SCHEDULE PUBLIC HEARINGS
Revenue Sharing
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that this Town Board shall conduct a Public Hearing on
November 9 , 1978 at 7 : 45 p . m . at the Town Offices in connection
with the enactment of the budget for Federal Revenue Sharing Funds
for Entitlement Period # 10 .
( McElwee , Valentino , Raffensperger , Freeman , and Desch voting Aye .
Nays - none )
Town of Ithaca Preliminary Budget
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that the Town Board hereby prepare and approve as a
Preliminary Budget of this Town for the fiscal year beginning
3�
Town Board Minutes - 10 - October 10 , 1978
January 1 , 1979 , the itemized tentative budget statement of estimated
revenues and expenditures , as prepared , a copy of whic1i is to be made
a part of these minutes , and
BE IT FURTHER RESOLVED , that the Town Board of the Town of Ithaca
will meet to hold a public hearing at 8 : 00 p . m . on Thursday , November
91 1978 at the Town Offices at 126 East Seneca Street , Ithaca , New
York , for the purpose of hearing any person for or against any item
or items therein , and
BE IT FURTHER RESOLVED , that the Town Clerk shall give notice of such
public hearing in the manner provided in Section 108 of the Town Law
providing that such notice shall be published in the Ithaca Journal
at least twice .
( McElwee , Raffensperger , Valentino , Freeman , and Desch voting Aye .
Nays - none )
Fire Contract with the City of Ithaca
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that a public hearing be held by the Town of Ithaca Board
at 8 : 30 p . m . , November 9 , 1978 , in the Town of Ithaca Offices at 126
East Seneca Street , Ithaca , New York , for the purpose of hearing all
persons interested in the renewal of the contract with the City of
Ithaca for fire protection for a one - year period on the basis of
$ 166 , 401 for the year 1979 in the Town of Ithaca , excepting the fol -
lowing areas , to wit :
a ) the Village of Cayuga Heights ,
b ) the area comprising all the territory lying between
the east boundary of the Village of Cayuga Heights
and the east boundary of the Town of Ithaca ,
C ) the Hamlet of Forest Home exclusive of the structure
housing the Cornell University Filtration Plant .
( Valentino , Freeman , Raffensperger , McElwee , and Desch voting Aye .
Nays - none )
Fire Contract with the Village of Cayuga Heights
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that a public hearing be held by the Town Board of the Town
of Ithaca at 8 : 35 p . m . , November 9 , 1978 , at the Town of Ithaca Offices
at 126 East Seneca Street , Ithaca , New York , for the purpose of hearing
all persons interested in the renewal of a contract with the Village of
Cayuga Heights for fire protection for a one - year period on the basis
of $ 24 , 000 . 00 whereby the Village of Cayuga Heights agrees that its
Fire Department will give fire protection for the year 1979 in the
Hamlet of Forest Home and in that portion of the Town of Ithaca to
the north of Forest Home and between the east boundary of the Village
of Cayuga Heights and the east boundary of the Town of Ithaca .
( Freeman , Valentino , Raffensperger , McElwee , and Desch voting Aye .
Nays - none )
_f 3
Town Board Minutes - 11 - October 10 , 1978
Lighting Districts and
Water and Sewer Improvements
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , WHEREAS the Town of Ithaca has prepared assessment rolls
on the parcels of land included in the following .
( 1 ) Forest Home Lighting District .
( 2 ) Glenside Lighting District .
( 3 ) Renwick Heights Lighting District .
( 4 ) Eastwood Commons Lighting District .
( 5 ) The Town of Ithaca water and sewer improvements
now operated by the Town as a Town -wide function
and covering all lands in the Town , pursuant to
Section 209 - r of the Town Law ; this assessment
roll includes not only all the parcels formerly
included in all the former water and sewer districts ,
but also all other lands in the Town of Ithaca out -
side of the Village of Cayuga Heights, and has
apportioned and assessed upon such parcels of land
in proportion to the amount of benefits the improve -
ments shall confer upon the same , the costs chargeable
to said districts , including the water and sewer
systems therein , which charges are payable in the
year 1979 and , therefore , pursuant to Section 239
of the Town Law , the said Town Board will hold a
public hearing thereon at the Town Offices at 126
East Seneca Street , Ithaca , New York , on the 9th
day of November , 1978 , in the order listed above ,
beginning at 8 : 40 p . m . , at which time it will consider
any objections which may be made to said assessment
rolls and apportionments .
( Raffensperger , Freeman , Valentino , McElwee , and Desch voting Aye .
Nays - none )
Southern Cayuga Lake Intermunicipal
Water Commission ( Bolton Point ) Budget
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that the Town Board of the Town of Ithaca /will conduct a
public hearing on November 9 , 1978 at 9 : 00 p . m . at .the Town of Ithaca
Offices at 126 East Seneca Street , Ithaca , New York'i, where it will
meet and review the preliminary budget of the Southern Cayuga Lake
Intermunicipal Water Commission ( Bolton Point water system ) for the
year 1979 , and hear all persons in favor of or against any item or
items therein contained .
( Raffensperger , Valentino , Freeman , McElwee , and Desch voting Aye .
Nays - none )
PERSONS TO BE HEARD
7
Beverly Coe , 381 Stone Quarry Road , noted , on behalf of
the residents of Stone Quarry Road , that some 25 residents responded
to the Supervisor ' s letter in the matter of bringing water service to
this area ( almost 700 of those involved ) . She said it appears now
that it is the Town Board ' s place to take action of some kind .
Town Board Minutes - 12 - October 10 , 1978
Supervisor Desch said it will be necessary for the Board to
look at the options in terms of serving the area with water and what
the costs will be for various parts of such an installation . He re -
called that at the meeting at the Town Hall there was discussion of
the possibility of FHA funding and that the County may be looking
into that . Mrs . Coe said that Mr . Frank Liguori advised her that
the County was looking into possible funding through HUD , FHA , and
ARC , considering the possibility that rock in the area might be a
prohibitive factor . Mrs . Coe expressed her concern about the resi -
dents of Stone Quarry Road getting through the winter . She hoped
that something might be done to move a water project along for this
area .
Supervisor Desch said that even if a source of funding were
identified today , the process would involve retaining an engineer to
design the system . It would require approval of the various health
agencies . It would require processing through the funding agency .
Even if all these things moved on schedule , he said , the most opti -
mistic schedule would be construction starting next spring . He said ,
however , he could give no assurance that the project would be started
even in a year . He noted that the Forest Home sewer project ( with
similar problems in getting pipe in the ground ) ' to -R approximately
six years from the point of conception to actual construction . He
cautioned against over - optimism . He said , however , that the Town is
at this time investigating the matter and will continue to pursue it
vigorously . It will not be " put on the shelf . "
Upon inquiry from the audience , Mr . Fabbroni reported with
respect to the walkway from the Elderly Housing project to the
shopping plaza , that Mr . Dusky has said he would put up barricades
so that no vehicles pass over the walkway . Supervisor Desch said
that should Mr . Dusky ( manager of the Elderly Housing ) not put up
the barricades , the Town will erect them and bill the housing pro -
ject .
Nancy Hewett , 1518 Slaterville Road , commented that she
likes the Town Newsletter .
Mrs . Hewett noted again the speeding problem on Slaterville
Road and insisted that something must be done about it . Supervisor
Desch said that the Town ' s effort to have a person added to the County
Sheriff ' s staff should be helpful in this regard . He said , however ,
with respect to the volume of traffic on that road , there is no solu -
tion at this time ( the alternate route between Harford and Dryden
being considerably longer ) . He said the City of Ithaca has a plan
to prevent truck traffic from coming down the west side of Mecklen -
burg Road , but doubted that their plan would be approved .
A member of the public was concerned over a situation at
the corner of Honness Lane and Pine Tree Road where , he said , a
group of junior high school children collect in the middle of the
road to wait for the bus . Councilman Freeman suggested that this
might be a school problem . It was suggested in the audience that
in most municipalities a policeman would be doing something about
this . Supervisor Desch suggested that the parents have the greater
responsibility here for it is a matter of discipline .
Town Board Minutes - 13 - October 10 , 1978
Mrs . Hewett reported that her water bills appeared to be
excessively high , the last one being approximately $ 80 . 00 . She
said she had checked her bill against those of three of her neigh-
bors . Supervisor Desch said the Town staff would make an analysis
of her water bills and a comparison of them with those of her neigh-
bors .
REPORT OF TRAFFIC COMMITTEE
Councilman McElwee reported that the Traffic Committee
report distributed last week was not the final revision , that the
verbiage has been changed but it is essentially the same report .
Councilman McElwee read the revised report ( copy of which is attached
to these minutes ) .
After the reading of the report , Supervisor Desch noted
there are certain jurisdictional problems involved since Town roads ,
County roads , and State roads must be considered . He said , further ,
that Cornell University ' s cooperation and active participation are
required , without it there can be no real road improvements .
Gertrude Bergen , 127 Pine Tree Road , suggested that there
is a need to educate the public . How do you teach people that they
are breaking the law? How do you get them not to break the law? Do
they have to be caught and fined ? Would an educational program help ?
She said that publishing the names of speeders and fines imposed would
be helpful in reminding the public that they are being watched and
that they will be punished .
PARK COMMITTEE
No report at this time .
FOREST HOME WALKWAY
Mrs . Bronfenbrenner , Planning Board Chairwoman , referred to
the Forest Home walkway from Warren Road ( uphill from the Blumen
property ) to Forest Home Drive ( between the properties of Kelly and
Whetzel ) . She said the present owner , John P . Hertel , wishes to pre -
sent a quit claim deed to the Town . The walkway is used by residents
and school children , rather than walking the hazardous Warren Road .
After brief discussion of this matter , the Board acted as
follows :
Motion by Councilman McElwee ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town Engineer will prepare maps and detailed
description of the walkway in Forest Home which runs from Warren
Road to Forest Home Drive between the properties of Kelly and Whetzel ,
with a view to the Town taking this property via a quit claim deed
from the owner , John P . Hertel .
( Valentino , Raffensperger , Freeman , McElwee , and Desch voting Aye .
Nays - none )
COY GLEN AS A " CRITICAL AREA "
Supervisor Desch reported that renewed gravel extraction
close to the Glen suggests that the Town Board officially designate
the Glen as a critical area . Such a designation would mean that all
work proposed in the Glen would be considered a Type I action under
SEQR .
Motion by Councilman McElwee ; seconded by Councilwoman Raffensperger ,
RESOLVED , that this Town Board hereby adopts as a " critical area " the
geographical area of Coy Glen , as designated by the Tompkins County
Environmental Council in its Unique Natural Areas Inventory , pursuant
FINAL REPORT
TRAFFIC CONTROL AND SAFETY COMMITTEE
October 6 , 1978
The charge to the Committee was as follows :
" Identify and evaluate the need for and cost effectiveness of traffic control
measures , including but not limited to speed control and highway safety devices .
Enforcement alternatives to be explored include increasing County Sheriff
Patrol , part - time Town traffic control force and contracting with other agencies . "
The Committee collected information on several occasions from Robert ;Howard ,
Sheriff of Tompkins County , Lt . McCarthy , Regional Director of New York State Police
located in Varna , Harlin McEwen , Chief Cayuga Heights Police , and William :'Wendt in
1
charge of Traffic Control at Cornell University . The Committee also consulted with i
i
Merton Wallenbeck and Warren Blye , Town Justices of The Peace . In addition ;, a speed
survey was conducted by Town personnel with the aid of Cayuga Heights radar unit .
i
( see appendix ) . s
The Town of Ithaca is a residential community . But what are essentially resi-
dential streets in the Town are being used as connecting highways . Clearly the
essential residential character of the Town ' s neighborhoods is being destroyed .
There is a general agreement that the Town has a persistent problem of traffic
control and safety in many parts of the Town . The volume of traffic , speed , and
the g .- owing intrusion of heavy trucks on residential streets , all combine to create
conditions of noise , danger , and threats to property values in the areas particularly
affected . The Town Board has received many complaints from residents about the
traffic situation . The investigations of this Committee . confirm the complaints .
As the September 1 , 1978 Newsletter of the Town accurately phrased it : the evi-
dence gathered by this Committee " renew ( s ) the sense of urgency in finding solu-
tions to these circulation needs and relief from the noise in residential areas . "
r
2 . 37
SPEED CONTROL
In discussions with the various units of our police agencies regarding the
speeding problem , there was a concensus , with the exception of Cayuga Heights , that
there is a lack of manpower to effectively control speed in the Town . Speed
control is only one of the many responsibilities of these agencies . Additional
duties of maintaining the jail , serving subpoenas , transporting prisoners , respond -
"; ing to accidents , fires , burglaries , etc . , reduce the time that can be devoted to
traffic control .
CONCLUSIONS & RECOMMENDATIONS
1 . That Town does not employ a traffic control officer ( 40 hrs /wk) .
i !
Estimated costs varied from $ 17 , 000 . 00 to $ 30 , 000 . 00 per year . Less than 50%
of his time would be devoted to traffic because of the other duties required
of the police officer . Our coverage by other police agencies would probably
be reduced , . resulting in a minimal incr.ease in present coverage .
2 . That Town not establish a police department approximately the size
of the Cayuga Heights Department . The cost would exceed our total Highway
Department budget raised by taxes . To establish comparable coverage would
require a department twice the size of Cayuga Heights department due to the
size and configuration of the Town .
3 . It is the feeling of this Committee that the publishing of informa-
tion regarding traffic violations is a deterrent to speeding . The Town has
requested published coverage of arrests and fines within the Town , but to
this date has been unable to secure co-operation of the Ithaca Journal on
this matter . The Committee suggests that a discussion between all of the
police agencies , including Justices of The Peace and the editor of the
Ithaca Journal be arranged to establish policy concerning publishing of
violations within the Town .
3 . 3 '
4 . Frequently " speed -bumps " have been suggested as a deterrent to
speeding . It has been shown by published research in California that speed
bumps can be a traffic hazard especially to two -wheeled vehicles . It was
also found that the faster a car travelled over them , the less noticable
they were to the motorist . They also present a hazard to snow removal and
emergency vehicles .
OTHER TRAFFIC PROBLEMS AND CONTROL
The Northeast part of the Town has the most serious traffic volume problem
due to its high density , shopping areas and Cornell University ' s decision to close
its campus to through traffic , restricting parking , and to build peripheral parking
i
lots . At this time , parking is not limited on these lots by the point of origin
of the driver , as a result , there is a great deal of cross Town traffic .
It has also been observed that there has been an increase in truck traffic
apparently using Pine Tree Road and Northeast area as a by-pass between Route 79
and Route 13 ,
CONCLUSIONS AND RECOM ENDATIONS
1 . That Cornell be asked to limit parking in its peripheral lots by
point of origin , do everything to encourage car pooling , and reopen its
campus during commuting hours .
2 . That the Town in conjunction with other agencies increase the num-
ber and visibility of road signs such as speed limits , children playing ,
school bus , etc . , in places where there may not be enough indication to
travellers of such limits . The Committee is prepared to recommend specific
signs placings . At the same time we favor the placing of 4 -way stop signs at
a number of intersections to deter the speed of traffic .
3 . That the Town place truck weight limits on its roads .
4 . a '
4 . That a Standing Committee be formed by the Town Board and charged
with the responsibility of developing a Northeast by-pass ( Route 79 to Route 13 ) .
5 . That the Town Engineer develop a plan for a by-pass from Mecklenberg
Road (Route 79 ) to Route 96 . Also study the feasibility of a one-way pat -
tern for the Northeast area as a temporary relief to the traffic problem . !
6 . That the Town conduct an in-depth survey of town traffic with equip-
ment being acquired by the Town .
The Committee wishes to extend its appreciation to the following people for
their co- operation and assistance so unselfishly given :
Robert Howard , Sheriff of Tompkins County
Lt . McCarthy , Regional Director of New York State
Police located in Varna
Harlin McEwen , Chief Cayuga Heights Police
William Wendt , Traffic Control , Cornell University
Merton Wallenbeck , Justice of The Peace , Town of Ithaca
Warren Blye , Justice of The Peace , Town of Ithaca
Town of Ithaca Personnel .
Members , Traffic Control and
Safety Committee
A . W . McElwee , Chairman
Gust Freeman 4
Robert Spalding
Joel Silbey
AMcE / sa
Town Board Minutes - 14 - October 10 , 1978
to the State Environmental Quality Review Act ; that for the purposes
of this resolution , the designation of " critical area " shall also
include the official adoption of Coy Glen as a " unique natural area . "
Further , that this designation shall take effect immediately and shall
be filed with the Commissioner of the Department of Environmental Con -
servation .
( Raffensperger , Valentino , Freeman , McElwee , and Desch voting Aye .
Nays - none )
NEW DOG CONTROL LEGISLATION
Supervisor Desch recommended , in view of new State dog con -
trol legislation , that the Board conduct a public hearing on October
16 , 1978 to consider raising dog license fees from $ 2 . 35 to $ 4 . 35
for males and spayed females and from $ 5 . 35 to $ 7 . 35 for unspayed
females .
Motion by Supervisor Desch , seconded by Councilman McElwee ,
'RESOLVED , that this Town Board will conduct a public hearing on
October 16 , 1978 at 7 : 00 p . m . at the Town of Ithaca Offices to
consider the adoption of a local law amending Local Law No . 1 of
the year 1976 , to increase dog license fees for 1979 from $ 2 . 35 to
$ 4 . 35 for males and unspayed females and from $ 5 . 35 to $ 7 . 35 for
unspayed females .
( Valentino , Raffensperger , Freeman , McElwee , and Desch voting Aye .
Nays - none )
JUNK REMOVAL
Supervisor Desch reported that he has had a number of letters
from people in the Northview Road and Kendall Avenue areas expressing
their concerns and frustrations with regard to getting adjoining
properties cleaned up . He said the Health Department is cooperative
but there is a limit to what they can enforce in terms of violations
of the Sanitary Code . Supervisor Desch said this matter will be
publicized more and more in the course of the next year and a decision
mu $ t be made as to whether additional ordinances are required , and ,
if so , is the Town prepared to assume the additional costs that en -
forcement will entail . He said the junk referred to is . construction
materials , storage areas for construction , junk refrigerators , garbage ,
and all types of refuse . The Supervisor noted that Mr . Bonnell has
been successful in getting some properties cleaned up , but there are
many properties remaining which need to be cleaned up .
REQUEST FOR RE - ZONING - IACOVELLI
Mr . Edward Mazza , Attorney , appeared on behalf of Lawrence
and Trinnia Iacovelli with respect to proposed re - zoning of Tax Parcel
6 - 54 - 4 - 25 , 167 Kendall Avenue , Ithaca , N . Y .
Mr . Mazza stated that he had appeared before the Zoning
Board of Appeals some time ago to request a variance in this matter .
. The request for a variance was denied on the ground that there was
no evidence of hardship presented . This decision was made by the
Zoning Board of Appeals after a public hearing . Mr . Mazza stated
it was his feeling that the real reason the request was denied was
that the Zoning Board of Appeals considered this a matter for re -
zoning . Mr . Mazza said he would like to make another appearance
before the Zoning Board of Appeals since he now had new facts to
present . He said that if the decision is the same , he would then
take whatever legal action is open to him . Mr . Mazza made reference
to the fact that Mr . Edward W . King ( Zoning Board of Appeals ) had
said at the hearing this was a re - zoning matter . He said that the
other members of the Board did not appear to do anything but listen
and did not decide the matter on the merits .
Ll
Town Board Minutes - 15 - October 10 , 1978
Supervisor Desch said he did not think it was appropriate
for the Town Board to take action on this matter , that it is no
more appropriate for the Town Board than for the Planning Board
since the parcel is too small to consider for re - zoning to multiple
residence .
Supervisor Desch said he would ask the Zoning Board of Appeals
if they would consider re - hearing this matter . Mr . Mazza asked - if
the Supervisor thought it within the power of the Zoning Board of
Appeals to hear the case again , in view of the fact that he now has
new facts . Mr . Buyoucos said he did not think Supervisor Desch could
answer that question . He said the appeal , by law , is to the Zoning
Board of Appeals , and after that to the State Supreme Court , that
the Town Board is out of it .
Supervisor Desch said that Mr . Mazza had the option at any
time to go to the Zoning Board of Appeals and ask them to re - consider
the case . He said he did not have any problem discussing it with the
Chairman of the Zoning Board of Appeals , that he would ask the Chair -
man of the Board if it is possible . He said , however , that he would
not make a commitment for them .
Mr . Buyoucos said he would be glad to discuss the matter
with Mr . Mazza if he wished , that it is a rather complicated matter .
Mr . Mazza said he wanted to abide by the Town Board ' s
recommendations . Supervisor Desch said that his advice to the
Town Board is that it is not appropriate for them to consider re-
zoning .
TOWN OF ITHACA WARRANTS
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that Town of Ithaca warrants dated October 10 , 1978 in the
following amounts are hereby approved :
General Fund - Town -wide . . . . . . . . . . . . $ 28 , 335 . 00
General Fund - Outside Village . . . . . . 97 , 950986
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . 24 , 635 . 39
Capital Sewer Fund . . . . . . . . . . . . . . . . . . 306 , 558 . 27
Water and Sewer Fund . . . . . . . . . . . . . . . . 31 , 824 . 73
Lighting 189 . 24
( Raffensperger , Valentino , Freeman , McElwee , and Desch voting Aye .
Nays - none )
BOLTON POINT WARRANTS
Motion by Supervisor Desch , seconded by Councilman Freeman ,
RESOLVED , that Bolton Point warrants dated October 10 , 1978 , upon
recommendation of the Southern Cayuga Lake Intermunicipal Water
Commission that they are in order for payment , and after review by
this Board , are hereby approved in the amount of $ 35 , 299 . 70 in the
Operating Account .
( Raffensperger , McElwee , Freeman , Valentino , and Desch voting Aye .
Nays - none )
Town Board Minutes - 16 - October 10 , 1978
EXTENSION OF CETA CONTRACT
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the Supervisor of the Town of Ithaca is hereby author -
ized to execute the renewal of the contract with regard to the ex -
tension of the CETA agreement from October 1 , 1978 through December
31 , 1978 .
( Raffensperger , Valentino , Freeman , McElwee , and Desch voting Aye .
Nays - none )
ADJOURNMENT
The meeting was duly adjourned at 10 : 20 p . m .
Ed as L . Bergen
Town Clerk