Loading...
HomeMy WebLinkAboutTB Minutes 1978-11-09 TOWN OF ITHACA REGULAR BOARD MEETING November 9 , 1978 - 7 : 30 p . m . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on November 9 , 1978 at 7 : 30 p . m . , there were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman Gust L . Freeman , Jr . , Councilman ALSO PRESENT . Lawrence P . Fabbroni , Town Engineer/Building Inspector Robert Bonnell , Assistant to Town Engineer James V . Buyoucos , Town Attorney Liese Bronfenbrenner , Chairwoman , Planning Board Robert Parkin , Highway Superintendent Cynthia Schoffner , Secretary/Bookkeeper David Tyler , Attorney Beverly Livesay , County Representative George Hovanec , Displays Robert Cutia , Ithaca Youth Bureau Ira Bickal , 1012 East Shore Drive Peter Carrels , 921 Taughannock Boulevard Arthur P . Kraut , Elm Street Noemi Kraut , Elm Street Oscar Swenson ,, 1016 East Shore Drive Representatives of the Media SUPERVISOR ' S REPORT " Our primary objective for the remainder of the year , other than the adoption of the budget and clean - up work on the sewer project , is the improvement of some of the Northeast drainage problems . " We hope to have the drainage swale constructed on the Northeast School property to eliminate the flooding of properties on the east side of Brandywine . We hope to acquire the easement and have enough = ' dry ' weather left to complete this before Christmas . " There is also work to be done along Christopher Lane near the intersection with Brandywine to move water in the same water course past the two low spots in this area . This will necessitate installa - tion of a pipe across Christopher Lane and along the south side . All work will be done within the road right of way . Stone Quarry Road Water Service " We have submitted requests for proposals to four engineering firms for design services on this possible project . It is our hope that the engineering can be completed and a financial plan developed to permit construction to start on April 1 , 1979 . This is very opti - mistic and may not be achievable . Nonetheless , this is our objective . H Town Board Minutes - 2 - November 9 , 1978 We will also , as a separate matter , continue to pursue improvements to the pressure situation in the Glenside service to provide better fire protection and eliminate potential for backflow into the system . Our success here may depend upon the construction of the City of Ithaca Industrial Park on Cherry Street which would include a reinforcing water main . This could have the effect of increasing pressure at Glenside . It may riot be possible to accomplish all of these improve - ments without raising the $ 23 . 00 water benefit rate . " Sewer Bond Sale " Recent market indicators suggest that we defer the bond sale until at least January , 1979 . All documents are being pre - pared so that we can go to the market on about 30 days notice . ' Dog Committee " The Town Board has appointed a committee to consider the most effective way to enforce our - D(.Dq . Control Ordinance . Mrs . Valentino is the Chairperson . Councilman McElwee and I are also committee members . One consideration is the appointment of the SPCA as the Town Dog Warden through a contract . We are open to suggestions on this whole subject . " Texas Lane Development " Mrs . Bronfenbrenner will report on the status of Mr . Jonson ' s proposal to develop approximately five acres of land between Texas Lane and Siena Drive . " I am in receipt of two petitions from the area expressing concern if a through road were to be connected between Texas Lane and Siena Drive . " Although the two petitions do conflict to some degree , there is unified concern about the drainage through the area . An environmental impact statement has also been requested . Such a request in a formal sense is not appropriate , . but the subdivision review process of the Town has advanced - to the stage where environ - mental concerns are addressed in a thorough and systematic way . I have no doubt that we collectively will come up with an appropriate land use arrangement for this area . We also have a proposal for extensive development on Ridgecrest Road . This , too , is in the very early stages . " Election Results - Impact on Town Operation " Mr . Hugh S . MacNeil appears to be the new Assemblyman from the 128th District . The Ithaca Town Board , therefore , has the re - sponsibility of appointing a representative from Town Districts 1 and 2 to fill Mr . MacNeil ' s vacancy on the County Board of Representatives . I expect this decision will be made at our meeting on December 11 . Anyone who is a registered voter in Districts 1 and 2 may wish to be a candidate for this position . However , such persons are requested to submit a resume and answer the following questions : 1 . Have you discussed the role of our County Representative with a present member of the County Board and will you commit yourself to attending all County and Town Board meetings ? 29 What problems do you perceive at the County level that you would like to see dealt with on a higher priority basis than presently treated ? 570 Town Board Minutes 3 - November 9 , 1978 3 . Are there particular County functions such as highway , social services , etc . which you are interested in serving through committee assignment ? " We must have all responses by December 7 . On legislative matters we will request that our tax exemption legislation be re - introduced at the next session of the Legislature by Assemblyman McHugh and Senator Smith . This is an increasingly important issue as the budget shows . " Town Polling Places " On Election Day , I made a visit to each of our eight polling places to see what , if any , problems our election inspectors typically encounter and also to determine what obstructions there might be to elderly or handicapped persons . All locations offer facilities for our voters , including the elderly and handicapped , and also for our election inspectors who are very dedicated citizens and put in a very long day . " There are a few items we need to look at in the future . For example , the polling place at Cayuga Heights School is somewhat inaccessible to handicapped and elderly persons . This may be re - solvable by re - locating the polling place within the school . Hope - fully , this can be accomplished by working with school officials without expenditure of capital money . " Polling place for District 2 is located at the School - Bus Maintenance Facility . The polling place is located in the small bus dispatch room . Thus , the level and nature of the activity is such that each operation is complicated . We may wish to consider moving this polling place to the Town Highway Facility . " Coy Glen Gravel Extraction " Another chapter has been written in the community commit - ment to the preservation of Coy Glen . A public hearing was held by DEC last night ( 11 - 8 - 78 ) . Overwhelming evidence was presented that the application failed to meet the intent of the Mining Law . We also showed that the temporary permit conditions were violated in numerous instances . Of equal import , the unique features of the Glen have been documented in the record . DEC must now do its homework in reviewing the application . The findings presented give DEC little choice but to deny the application . " This major step forward is the result of the determination shown by the Town Board in the matter of the preservation of our unique natural areas . It has taken a considerable effort to get the attention of DEC . Not only has this been accomplished but the notice is out that the Town of Ithaca means business on all matters affecting the quality of life in our area . " At the same time , I . was pleased that all the environmental groups agreed with us that gravel extraction can be permitted in the Coy Glen area under properly controlled conditions , including practical buffers , and reclamation which will restore the area to productive use . " The Supervisor stated that all of the public hearings on the agenda will be held consecutively and no decision will be reached after each one , but rather after all the hearings have been had , the Board then will vote on each . Town Board Minutes - 4 - November 9 , 1978 PUBLIC HEARING - 7 : 45 p . m . REVENUE SHARING - ENTITLEMENT PERIOD # 10 Proof of posting and publication of notice of public hear - ing in the above matter having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Desch noted that at the public hearing on the use of Revenue Sharing funds , the Town Board voted to allocate Revenue Sharing funds in the amount of $ 95 , 282 , as follows : $ 46 , 000 for the Bolton Point Construction Deficit ; $ 23 , 000 for the Bolton Point Benefit Levy ; $ 12 , 000 for Neighborhood Parks ; $ 12 , 182 for Major Repairs and Improvements to Town Hall and Access for the Handicapped ; and $ 2 , 100 for the Gadabout Bus Service . There was a question from the public on how the construc - tion deficit would affect the unit cost for water . Supervisor Desch said it would have no effect because Revenue Sharing funds are an allocation from the Federal government out of taxes which citizens have already paid . He said that a benefit charge ( presently $ 52 ) for each water unit would continue for the life of the bonds . No other persons wishing to be heard , the Supervisor closed the hearing . PUBLIC HEARING - 8 : 00 p . m . TOWN OF ITHACA - PRELIMINARY BUDGET Proof of posting and publication of notice of public hear - ing in the above matter having been presented by the Town Clerk , the Supervisor opened the hearing . The Supervisor reviewed the highlights of the budget , page by page , with particular emphasis on items which had changed in' any way from the budget hearing on October 5 , 19780 Supervisor Desch answered questions to clarify the computa - tion of the tax rate and to clarify the meaning of Town - wide and part - Town . Mr . Silbey asked the Supervisor to explain several items in the budget having to do with traffic control - - $ 2 , 400 on page 3 under " Police , Constables and Crossing Guard " and " Town Policeman , " $ 5 , 000 . The Supervisor indicated that the item " Town Policeman " should properly have been indicated as " Traffic Control . " In any event , he noted that the $ 2 , 400 was strictly for Crossing Guards at the schools and that the $ 5 , 000 item is expected to be used for traffic control devices in various areas of the Town in an effort to control speed in a relatively inexpensive way . Supervisor Desch referred briefly to the large increase in the amount to be paid to the City of Ithaca for fire protection . He noted that he has written to the Mayor of the City of Ithaca asking that Common Council reconsider the increase in the light of the President ' s guidelines . He said , however , that in all due fairness to the City the dollar amount of the contract has not in - creased in four years and that the increase is probably not out of line . No other persons appeared who wished to be heard in the matter of the fire contract with the City . Therefore , the Super - visor closed the hearing . PUBLIC HEARING - 8 : 35 p . m . FIRE CONTRACT WITH THE VILLAGE OF CAYUGA HEIGHTS Proof of posting and publication of notice of public hear - ing in the above matter having been presented by the Town Clerk , the Supervisor opened the hearing . Town Board Minutes - 5 - November 9 , 1978 Supervisor Desch noted that the new proposed fire contract with the Village of Cayuga Heights calls for an annual payment of $ 24 , 000 rather than $ 23 , 000 as previously ( 1978 ) . No persons appeared who wished to be heard on this matter . Therefore , the Supervisor closed the hearing . PUBLIC HEARING - 8 : 35 p . m . FIRE CONTRACT WITH CITY OF ITHACA Proof of posting and publication of notice of public hearing in the above matter having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Desch noted that the cost of fire protection from the City of Ithaca in 1978 was $ 136 , 500 and the proposed con - tract is for $ 166 , 401 . ( As noted in the Supervisor ' s remarks at the Preliminary Budget hearing there had not been an increase in the fire contract in four years , and that , therefore , the increase is probably not out of line . ) Councilman McElwee said that the Board , between now and budget time next year , should look into the matter of tax exempt properties in the Town of Ithaca who are not now contributing to the cost of fire protection . They should be contributing their fair share for a representative percentage of the fire contract cost in relation to the benefit derived ( for example , Cornell University and Ithaca College ) . This could considerably lower the cost to the Town of Ithaca taxpayers . No other persons appeared to be heard in the matter . There - fore , the Supervisor closed the hearing . PUBLIC HEARING - 8 : 40 p . m . LIGHTING DISTRICTS AND WATER AND SEWER IMPROVEMENTS Proof of posting land publication of notice of public hear - ing in the above matter having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Desch !stated that the Town provides intersection lighting on all approved Town roads and this cost is not assessed as a special district assessment since it is Town -wide and covers all the intersections . i There was a question as to how a lighting district is formed . Supervisor Desch said it was a matter of those interested getting to - gether with neighbors and deciding what service they want provided and expressing a willingness to finance the cost . The process is usually initiated with a petition to the Town Board . The Supervisor answered questions with respect to the allocation of monies for water and sewer improvements as between maintenance items and capital ' items . No other persons appeared who wished to be heard ; there - fore the Supervisor closed the hearing . J Town Board Minutes - 6 - November 9 , 1978 PUBLIC HEARING - 9 : 00 P . M . SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION ( BOLTON POINT ) BUDGET Proof of posting and publication of notice of public hear - ing in the above matter having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Desch noted that the figures presented are the same as - those shown in the tentative budget . No changes are sug - gested . The budget was reviewed . The Supervisor noted that one of the primary increases in expense is electric power . Power costs represent about 120 of the operating budget . The other major items of expense are chemicals and purification , labor costs , water plant operators , and meter reading . Supervisor Desch said that a surplus of about $ 60 , 000 is projected for the end of the current year . He said , however , that the surplus is vital since the next revenue re - ceived is not received until the middle of February ( 1979 ) when it will be necessary to make an interest payment of $ 225 , 000 . Councilwoman Raffensperger inquired what revenue has been received from water testing . Supervisor Desch noted that the County used to do purification testing for individuals , but they no longer do that . The Bolton Point plant will now do so , but the number of requests for testing so far are virtually non - existent . Mrs . Livesay suggested that power costs might be reduced by alternative pumping times to take advantage of a lower rate depending on time of day . Supervisor Desch said that such alterna - tives have been investigated . He said from an energy management _ standpoint nothing much can be done to reduce power costs except , perhaps , build another reservoir and make the commitment to operate through the night . This , however , would result in higher manpower costs . He said that some day when the load increases it may be necessary to go to a 24 - hour a day operation when it might make sense to double the reservoir so that the pumps operate on the night shift and are off during the day . He noted that there is now no night rate ; it is rather a demand rate . Mrs . Livesay suggested that there might still be an opportunity to negotiate a more econo - mical rate with the power company . No other persons wishing to be heard , the Supervisor closed the hearing . COUNTY HOSPITAL BUS RUN Supervisor Desch stated that there has been considerable discussion about mass transit . The Town of Ithaca was the first municipality to make the commitment to support a pilot program for a bus run to the Northeast area of the Town . Supervisor Desch said that the Town of Ithaca has been active with the City of Ithaca and the County on the subject of a bus run to the County Hospital . The Supervisor presented a pro - posed resolution with regard to this bus run and read the same in full . Motion by Supervisor Desch , seconded by Councilman McElwee , WHEREAS , there seems to be general public consensus that a bus run from downtown Ithaca to the Hospital , with scheduled stops at other points , be reinstituted on a trial basis , and WHEREAS , the City of Ithaca has submitted a proposal for a bus route to the County Hospital with a one hour turn around for a period of 12 hours per day , 6 days a week and has incorporated this route with a similar extension to Ithaca College to provide additional services to that area , and Town Board Minutes - 7 - November 9 , 1978 WHEREAS , the City of Ithaca has estimated that the operat - ing deficit for the Hospital run during the first year of operation will not exceed $ 15 , 600 , and WHEREAS , the Town of Ithaca has reviewed the proposal with representatives of the City of Ithaca and the Tompkins County Board of Representatives and others , and that there is general agreement that the operating deficit should be shared on an equal basis by the three municipalities , and WHEREAS , the Ithaca - Tompkins County Transportation Commission has endorsed the . proposal and has recommended participation by the City , the County , and the Town of Ithaca in the deficit financing , and WHEREAS , the Town of Ithaca through itslparticipation on the Northeast Transit Committee and the Tompkins County Transit Commission has aggressively pursued the matter of overall mass transit alternatives for our community , and WHEREAS , the investment of the people in Tompkins County in the County Hospital and relative Health complex will be enhanced by the availability of public transit , and WHEREAS , the Town of Ithaca appreciates this example of intermunicipal initiative on the part of the City of Ithaca , which initiative will be of considerable assistance in cementing a positive relationship between the City and the Town on other matters of mutual interest such as the joint City/Town Sewer Commission development , NOW , THEREFORE , BE IT RESOLVED : That the Town Board of the Town of Ithaca does endorse the plan and does agree to participate with the City of Ithaca and Tompkins County , and does agree to assume responsibility for one - third of the deficit not to exceed $ 5 , 200 for the year 1979 , and That in order to provide improved service to the elderly and the handicapped , that a kneeling bus be used on the scheduled run , and That the City of Ithaca shall keep records including origin , destination , and ridership records , and shall submit a quarterly and other reports satisfactory to the Supervisor of the Town of Ithaca , and That prior to October 1 , 1979 the Town Board of the Town of Ithaca shall review the records and shall make such recommenda - tions as may seem appropriate for the future continuation of Town participation , and That funds for the Town ' s share of said project be included in the 1979 budget for an anticipated starting date of the bus run on January 2 , 1979 and continuing for a full year . Councilman Freeman requested that he be permitted to make his report on the proposed bus run before the vote on the motion was called . He was asked to do so . His report follows : " The proposed run by the City has a projected deficit of $ 15 , 600 , of which they have asked City , County , and Town of Ithaca to share equally . " Who does this run serve ? 55 Town Board Minutes - 8 - November 9 , 1978 " After many hours of talking to Townspeople along this route or close to the proposed route , I find that no one would ride it with any regularity . If it serves anyone , it is the City and the County worker and out- patient to the Hospital and back . " I quote from City report , April 14 , 1978 : ' Approximately 1 , 200 people either work or visit the Hospital or nearby medical facilities every day . Without public transportation the greatest burden is placed on those people without cars , the elderly and the poor , who are often also those most in need of medical services . ' " The County talked about getting the Welfare Department to use bus token instead of paying cab fare to the Hospital , but that ' s all they did . Their resolution has the following points , which the Town ' s proposed resolution does also : 1 . Sharing a maximum of $ 5 , 200 ( one - third ) . 2 . Use of kneeling buses . 3 . Gets quarterly reports and quarterly bills . 4 . Get a report of origin and discharge monthly . 5 . Full review in October , 1979 . 6 . City commitment is one year regardless of deficit . " Just a few more lines from the City report : . ' There have been a great many requests for service to the Hospital and increased service to Ithaca College. ' " I am still waiting for someone to tell me who made these requests ' The Hospital is expanding and the citizens of Ithaca need transportation to that facility . The more people we can bring downtown from Ithaca College , the more sales tax receipts the City will realize . ' " We all know about intermunicipal ventures and support . " We all also know that in these times we all are hearing the cry to cut taxes , tighten our belts . I say that spending $ 5 , 200 , and not receiving anything is a big price to concede to intermunicipal relations and it certainly is not tightening our belts . " I feel that the City and County should support this run for a year and after the reports have been analyzed , they will be able to tell us just how much this run serves the Town . " It is my conclusion that the Town should not take on the present proposed Hospital bus run for 1979 . " Councilman Del Rosso said that the proposed resolution is a sort of " catch- all " of all good things , but that he found it hard to reconcile the proposal with any real need for such a bus run . He said he considered it a tremendous waste of effort and resources and more of an appeasement to the City of Ithaca to attempt to cement relations rather than something that the taxpayers want and need in the Town of Ithaca . He said the Town has agreed to support the Gadabout bus service which does a good job getting people where they want to go . He said he was content with that but not the run to the Hospital . II Town Board Minutes - 9 - November 9 , 1978 I Supervisor Desch said he was convinced that the Town benefits at least to the extent that it is being asked to con - tribute . With regard to the South Hill end of the run , he noted that the bus is loaded with people from the Town as well as Ithaca College students and City residents . He said the health of the downtown Ithaca area , in his view , is just as critical to the Town of Ithaca as it is to the City of Ithaca ,. and that the Town ought to do what it can to strengthen the downtown area . Councilwoman Valentino noted that although Gadabout is doing a good service , even they will freely say they are really only scratching the surface of the need . She felt there is a great need for the proposed run . Mrs . Livesay supported the proposed bus run and urged the Board to adopt the resolution . She felt the trial run will reveal who rides the bus . She said that people in her area want bus ser - vice . She said survey after survey indicates they have come out strongly in favor of such service and are willing to support it . She said it will be useful in cutting down on the traffic through the Octopus and that alone might be worth the $ 5 , 200 . Councilman Powers pointed out that in relation to overall taxes , the $ 5 , 200 proposed is not very great , about 3 % of the tax rate . Supervisor Desch noted that based on 3 % of . 778 ( or 2 cents a thousand roughly ) a taxpayer in the Town with property assessed for $ 50 , 000 would be asked to pay $ 1 . 00 a year to support the bus run . He said he did not think that too much to pay for the benefit derived . Councilwoman Raffensperger said that the subsidy is not only for service from downtown Ithaca to the Hospital , but is part of the complete run which goes to South Hill as well . She said she felt it will serve enough residents to justify it , even on the South Hill end of the run . Liese Bronfenbrenner , Chairwoman of the Town Planning Board , noted that the run also connects with other buses on the Northeast side of Town . Councilman Freeman contended that the Town of Ithaca will not be getting its fair share . He suggested that the Town might support the run to the extent , say , of $ 2 , 600 , ( one - half that pro - posed ) . He said he might be more inclined to support the run if the use of bus tokens for welfare recipients were instituted . After the discussion , the motion was put to the vote . ( Raffensperger , Valentino , McElwee , Powers , and Desch voting Aye . Del Rosso and Freeman voting Nay ) The motion was carried . i Town Board Minutes - 10 - November 9 , 1978 MOTIONS ON PUBLIC HEARINGS Revenue Sharing Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Town Board hereby allocates Revenue Sharing funds for Entitlement Period # 10 ( October 1 , 1978 through September 30 , 1979 ) , in the amount of $ 95 , 282 , as follows : Bolton Point Construction Deficit . . . . . . . . $ 46 , 000 Bolton Point Benefit Levy . . . . . . . . . . . . . . . . $ 23 , 000 Neighborhood Parks . . . . . . . . . . . . . . . . . . . . . . . $ 12 , 000 Major Repairs and Improvements to Town Hall and Access for the Handicapped . . . . $ 12 , 182 Gadabout Bus Service . . . . . . . . . . . . . . . . . . . . . $ 2 , 100 ( Raffensperger , Del Rosso , Powers , Freeman , McElwee , Valentino , and Desch voting Aye . Nays - none ) Preliminary Budget Motion by Councilman Powers ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Preliminary Budget for 1979 as the final Annual Budget for the fiscal year beginning January 1 , 1979 , as amended . BE IT FURTHER RESOLVED , that the Town Clerk of this Town shall prepare and certify duplicate copies of the Annual Budget adopted pursuant to Sections 115 and 20. 2 ( a ) of the Town - Law ; and deliver one copy to the Supervisor of the Town to be presented by him to the Board of Representatives of Tompkins County . Councilwoman Valentino recommended the deletion of about $ 3 , 600 from the Recreation portion of the budget ( page 3 ) , repre - senting an amount the budget exceeds matching funds received from the New York State Division for Youth . Supervisor Desch recommended that the budgeted amount might be left as indicated on page 3 until such time as an agreement is received from the Ithaca Youth Bureau . The contract can then be reviewed in detail by the Board , and with Councilwoman Valentino in particular . The agreement will then be a subject for a specific resolution by the Board . It was generally agreed that there is at this time no dollar commitment to the Ithaca Youth Bureau ; that the matter is subject to review and debate . The Supervisor called the vote on the motion . ( Raffensperger , Del Rosso , Freeman , Powers , Valentino , McElwee , and Desch voting Aye . Nays - none ) Fire Contract with City of Ithaca Motion by Supervisor Desch ; seconded by Councilman Freeman , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the renewal of the fire contract with the City of Ithaca in the amount of $ 166 , 401 for the year 1979 for fire protection in the Town of Ithaca , excepting the following areas : ( a ) the Village of Cayuga Heights , ( b ) the area comprising all the territory lying i Town Board Minutes - 11 - November 9 , 1978 between the east boundary of the Village of Cayuga Heights and the east boundary of the Town of Ithaca , and ( c ) the Hamlet of Forest Home exclusive of the structure housing the Cornell University Filtration Plant . ( Valentino , McElwee , Del Rosso , Freeman , Raffensperger , Powers , and Desch voting Aye . Nays - none ) Fire Contract with the Village of Cayuga Heights Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that the contract with the Village of Cayuga Heights and the Town of Ithaca , at the contract price of $ 24 , 000 . 00 , where - by the Village of Cayuga Heights agrees that its Fire : Department will furnish fire protection for the year 1979 in the Hamlet of Forest Home and in that portion of the Town north of Forest Home and between the east boundary of the Village of Cayuga Heights and the east boundary of the Town of Ithaca , be renewed . ( McElwee , Del Rosso , Freeman , Raffensperger , Powers , Valentino , and Desch voting Aye . Nays - none ) Lighting Districts and Water and Sewer Improvements Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Forest Home Lighting District , the Glenside Lighting District , the Renwick Heights Light - ing District , and the Eastwood Commons Lighting District , and the budgets related thereto , for the year 1979 . ( Raffensperger , McElwee , Powers , Valentino , Freeman , Del Rosso , and Desch voting Aye . Nays - none ) Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for Town of Ithaca water improvements now operated as a Town -wide function , for the year 1979 , and the budgets related thereto . ( Raffensperger , McElwee , Powers , Valentino , Freeman , Del Rosso and Desch voting Aye . Nays - none ) Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for Town of Ithaca sewer improvements , noon/operated as a Town-wide function , for the year 1979 , and the budgets related thereto . ( Raffensperger , McElwee , Powers , Valentino , Freeman , Del Rosso , and Desch voting Aye . Nays - none ) Southern Cayuga Lake Intermunicipal Water Commission Budget ( Bolton Point ) Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that the Southern Cayuga Lake Intermunicipal; Water Com- mission Budget ( Bolton Point ) , as presented at this meeting , copy of which is on file in the Town Clerk ' s Office and available for inspection , is hereby approved as the final Southern Cayuga Lake Intermunicipal Water Commission budget ( Bolton Point ) for the fiscal year 1979 . ( McElwee , Valentino , Del Rosso , Powers , Freeman , Raffensperger , and Desch voting Aye . Nays - none ) ' 6 Town Board Minutes - 12 - November 9 , 1978 PERSONS TO BE HEARD Peter Carrels , 921 Taughannock Boulevard , stated that he found the budget material presented at the hearing inadequate in determining what portion of funds to be expended are repairs and what part is in the nature of investment items . Supervisor Desch responded that all the accounting information is available ; that the Town ' s books are open for examination ; that the Town bookkeeper , Mrs . Cynthia Schoffner , will make herself , available to explain anything in the books in detail if Mr . Carrels would like to visit the Town Offices . SPEED LIMITS - PLEASANT GROVE ROAD Supervisor Desch read proposed resolution in this matter . Motion by Councilman Powers , seconded by Supervisor Desch , WHEREAS , Pleasant Grove Road , a County road , from the Village of Cayuga Heights municipal line to Forest Home Drive , a Town road , is approximately 3 , 000 feet in length or less than one mile , and WHEREAS , the Village of Cayuga Heights speed limit on its contiguous portion of Pleasant Grove Road is 30 miles per hour , and WHEREAS , the Forest Home Drive speed limit is 25 miles per hour , and WHEREAS , every Cornell University high volume roadway intersecting Pleasant Grove Road within the County segment has a speed limit of 30 miles per hour or under , and WHEREAS , 1 , 000 feet of this segment has hazardous horizontal curves on a climb in excess of 8 % grade , and WHEREAS , the second 1 , 000 foot segment has extremely high pedestrian traffic across it to and from Hasbrouck Apartments and Pleasant Grove Apartments , both Cornell University married student apartments , and WHEREAS , a majority of the pedestrian traffic consists of children under 10 years of age for recreation or school trip purposes , and WHEREAS , Cornell University , the owner of the property on this road has urged the Town to pursue this matter on its behalf on an urgent basis , and WHEREAS , the State Department of Transportation in deny - ing the Town request for a regional speed limit has recommended that the Town pursue speed limit reduction requests on a specific section by section basis , NOW , THEREFORE , BE IT RESOLVED : That the Town Board of the Town of Ithaca considers it reasonable from the standpoint of consistency , safety , alignment , pedestrian safety , and congestion to lower the speed limit from 40 miles per hour to 30 miles per hour , and authorizes the Town Supervisor to apply to the State Department of Transportation through the Tompkins County Commissioner of Highways for endorsement and approval of this request and , further to request prompt action :•o that this reduction can be accomplished prior to winter driving con - ditions . ( Raffensperger , Valentino , Freeman , Powers , McElwee , Del Rosso , and Desch voting Aye . Nays - none ) Town Board Minutes - 13 - November 9 , 1978 SIBLEY CORPORATION SIGN Mr . Fabbroni reported that the Sibley Corporation has requested a variance to permit a 4 . x 8 FOR SALE sign on their property on King Road . The problem is that development signs are allowed up to 50 square feet , but FOR SALE signs are only allowed four square feet . The proposed sign is 32 square feet . Mr . Hovanec said the sign is about in the center of the property , about 15 feet from the road . Mrs . Bronfenbrenner noted that the Planning Board felt that because of the size of the property , a larger sign was appropriate . RESOLVED , that this Town Board hereby grants a variance with respect to a 4 x 8 foot FOR SALE sign to permit same on the Sibley Corporation property on King Road , in accordance with sign permit submitted . ( McElwee , Powers , Valentino , Freeman , Raffensperger , Del Rosso , and Desch voting Aye . Nays - none ) REPORT OF TOWN ATTORNEY Town Attorney James V . Buyoucos reported : ( 1 ) That a portion of the dwelling on the property known as 235 Forest Home Drive appears to encroach on the Town highway as shown on a survey map made by Thomas G . Miller dated June 26 , 1972 , amended June 12 , 1978 , and filed in the Town Clerk ' s Office , which property is owned by the Estate of Pearl S . Miller . ( 2 ) That the attorney for the estate has reported that the property is under contract of sale contingent on a good and marketable title . ( 3 ) That the attorney for the estate has requested that the Town abandon the interest , if any , it may have in the portion of the Town highway which lies under the encroaching portion of the building , as shown on the survey map . The Town Attorney proposed the following resolution : RESOLVED . Section 1 . That a public hearing be held to consider the advisability of adopting a proposal or initiating procedures whereby ( a ) the Town might abandon that portion only of the lands of the Miller Estate lying underneath that portion of the building thereon which encroaches on the highway as shown on the survey map , and whether such abandonment shall be on a permanent , or conditional or qualified basis , or ( b ) the Town might give an easement or a lease of the encroaching portion , either permanently or for so long as the present building continues to stand , on such terms and con - ditions as the Town Board shall determine , or ( c ) the Town might take such other action as may be proper in connection with the fore - going . Section 2 . Such public hearing shall be held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 11th day of December , 1978 , at 5 : 30 p . m . Section 3 . The Town Clerk shall cause a notice of such public hearing to be published in the Ithaca Journal . Such notice shall contain either the whole or a summary of the above provisions . A copy of this resolution shall be served either personally or by mail on the County Superintendent of Highways and upon any owner of property immediately adjacent on the north and on the south , and on such other property owners in the vicinity as the Town Attorney may direct . � l . Town Board Minutes - 14 - November 9 , 1978 Section 4 . The Town Superintendent of Highways and the Town Engineer shall submit a report containing a statement of all pertinent facts , surveys , maps , measurements , and their respective recommendations . Councilman McElwee moved the foregoing motion . The motion was seconded by Councilman Powers . The motion was then put to a vote . ( Valentino , Raffensperger , McElwee , Powers , Del Rosso , Freeman , and Desch voting Aye . Nays - none ) The motion carried . Mr . Buyoucos , continuing his report , stated that the case of Betty Muka against some 110 defendants ( including former Town Justice Frederick Hartsock ' and present Town Justice Warren A . Blye ) has been dismissed . The Muka action alleged conspiracy to violate her constitutional and civil rights . She was asking for $ 30 , 000 , 000 damages . All charges were dismissed without prejudice on the grounds that there were insufficient facts in the complaint , as a matter of law , to sustain a cause of action . Mr . Buyoucos brought up the matter of the Quit Claim deed from James J . Lynch , Stewart D . Knowlton and Robert A . Groff to the Town of Ithaca ( dated October 22 , 1976 ) covering the 10 foot walkway used by the residents of the Ellis Hollow Elderly Apart - ments to reach the shopping plaza . He said the deed is apparently subject to all easements and matters of record , rights of way . He said that what this amounts to that the deed is subject to whatever rights somebody else may have in it . Mr . Buyoucos said that with the help of Mr . Fabbroni he will check this deed out further with a view to recording same in the Tompkins County Clerk ' s Office . REPORT OF PLANNING BOARD CHAIRWOMAN Mrs . Bronfenbrenner ' s report follows : " The Planning Board held two informal , preliminary sub - division hearings on Tuesday , November 7 . Both hearings were well attended by interested residents from the two neighborhoods . The Planning Board took no action in either case . Further extensive study is required before a decision can be reached , and this can not be done until the formal proposals have been submitted . " The first sub- division application was made by Laarand Chase for a cluster development adjoining the northside lots of Ridgecrest Road . The projections are within the density require - ments for an R - 15 zone - - 3 . 5 units per acre . " Some members of the Planning Board , as well as I , are not sure if the proposal as presented comes within the definition of a cluster development and the law as given in Section - 281 '( Town -. Law ) the following reasons : The purpose , as stated in Section 281 , for a cluster development ( average density development or open - space subdivision ) is ' to facilitate the adequate and economical provisions of streets and utilities , and to preserve the natural and scenic qualities of open land . ' The plan as presented does not seem to satisfy these two provisions . It looks more like a small - lot sub - division with 100 open space off to one side . ( In all fairness , it should be stated that some members of the Planning Board and some Town staff members feel that it is a legitimate cluster pro - posal ) . Approval of this plan could set a precedent for further Town Board Minutes - 15 - November 9 , 1978 applications of this type , e . g . approval of a small - lot subdivision I n an R- 15 zone under the guise of cluster development . " The Board needs to work on this problem with the developer , as well as the problem with the access road and the problem of the heavy traffic increase on Ridgecrest Road . " We have one question : According to all the explanatory matet. als available at the Town Office , the projected mix of single , double , triple , and quadruple units is permitted in a cluster develop - ment in an R- 15 zone under Section 281 . But we would like clarifica - tion from the Town Board on Section 281 ( c ) : The dwelling units permitted may be , at the dis - cretion of the planning board and subject to the conditions set forth by the town board , in detached , semi - detached , attached , or multistory structures . " What are your conditions ? " The second hearing was for a six acre sub - division of 16 units , more if clustered , on land adjoined by Texas Lane , Siena Drive , Hanshaw Road , and a part of this same development in the Village of Cayuga Heights . Projected access would be through an existing right - of -way to Texas Lane , possibly also through Siena Drive . Density and lot sizes conform with R- 15 stipulations . Resi - dents from the adjoining streets and the Village of Cayuga Heights objected strongly to this proposal for the following reasons . . great increase in traffic flow change in the character of the neighborhood . loss of open space area . increase of already bad drainage problems . " The latter problem will be studied by the Town Engineer and the Village of Cayuga Heights engineer . " We need to address the problem of what constitutes a change in the quality of a neighborhood , particularly if there is no change in zoning and the type of housing planned , as well as the problems of over - development and the rights of a property owner to develop his land under the zoning law . " Mrs . Bronfenbrenner ' s report on the Ridgecrest Road sub - division application led to a discussion of " cluster " . What is " cluster " ? Supervisor Desch said that the proposed layout is in no way a cluster . Mrs . Bronfenbrenner said there is no reason why the proposal cannot be re - designed . Supervisor Desch said the Board will not consider re - zoning such a large parcel to R- 90 Mr . Fabbroni felt that the discussion would be more fruit - ful if Mr . Chase were present to discuss the matter with the Board and say why he has made the proposal in this way . Supervisor Desch said that it did not appear the the matter could be resolved at this meeting . He recommended that each Board member study Section 281 of the Town Law and that the matter be scheduled for discussion at the December 11 Town Board meeting . It was agreed that this would be done . EAST HILL DEPOT SIGN Mr . Fabbroni reported that an application has been received from the owners of The Depot , on Judd Falls Road , for a sign 15 ft . square , a free - standing sign , to be placed in front of the East Hill Depot . He said they are allowed 100 square feet and are , therefore , well within the requirements . G3 Town Board Minutes - 16 - November 9 , 1978 Councilwoman Raffensperger inquired how many total square feet are permitted . Mr . Fabbroni said 100 square feet on a free standing sign is permitted and one square foot per lineal foot of building frontage is permitted for a sign on a building . Council - woman Raffensperger noted that the East Hill Depot has already re ceived a variance to exceed the requirements on the exterior of the building . Councilman McElwee recalled that they were allows to put the same sign at each end of the building . Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that this Town Board hereby approves the application of East Hill Depot for a 15 - foot square free - standing sign in front of the East Hill Depot on Judd Falls Road . ( Freeman , McElwee , Valentino , Powers , Del Rosso , Raffensperger , and Desch voting Aye . Nays - none ) REPORT OF TOWN ENGINEER ( continued ) Mr . Fabbroni reported that in October of 1978 , 16 building permits were issued totaling $ 913 , 375 of improvements , as compared with October of 1977 when 5 building permits were issued for $ 104 , 970 of improvements . Mr . Fabbroni noted that this October was better than most Octobers , but that in terms of overall building on an annual basis , the Town is somewhat behind the average . Bus run in the Northeast . The deficit for September was not typical , because it was the month when two buses were operat - ing , before the change to a one - bus operation . The deficit for October was $ 400 of which the Town ' s share was $ 160 . Cornell University will pick up the balance of the deficit . The Town ' s commitment for September was for $ 600 . From September , two buses , to October , one bus , overall ridership only dropped 300 and 2 , 100 people were carried in 20 days . This service covers almost all of the Northeast area in the Town and a part of the Village of Cayuga Heights . Mel Brown ( Cornell University Off - Campus Housing ) is keeping a spot check record of ridership . He totals it by areas and complexes . Christopher Circle Tank and Sapsucker Woods Road Tank . Mr . Fabbroni reported that the cathodic protection of this tank should be completed by next month . The Sapsucker Woods Road Tank will be drawn down next month to see what condition it is in . Traffic Counters . Mr . Fabbroni reported that he has looked at various traffic counters that are available . He recom- mended purchasing two hourly counters at approximately $ 1 , 000 each and four daily counters at a cost not to exceed $ 200 each . Super - visor Desch noted that this could be done within the budget alloca- tions . Motion by Supervisor Desch , seconded by Councilwoman Valentino , RESOLVED , that the Town Engineer is hereby authorized to arrange for the purchase of two hourly counters at approximately $ 1 , 000 each and four daily counters at a cost not to exceed $ 200 each . ( Raffensperger , Valentino , Freeman , Del Rosso , Powers , McElwee , and Desch voting Aye . Nays - none ) Town Board Minutes - 17 - November 9 , 1978 REPORT OF HIGHWAY SUPERINTENDENT Robert Parkin ; Highway Superintendent , had no report at this time . ASSOCIATION OF TOWNS MEETINGS NEW YORK CITY - FEBRUARY 18 - 21 , 1979 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that this Town Board hereby authorizes attandance at the Association of Towns Meetings in New York City , February 18 - 21 , 1979 , of up to six Town officials at an individual cost per person not to exceed $ 200 . 00 . ( Freeman , Powers , McElwee , Valentino , Del Rosso , Valentino , and Desch voting Aye . Nays - none ) BOLTON POINT WARRANTS Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that this Town Board , upon recommendation of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , and after review , hereby approves the Bolton Point war - rants dated November 9 , 1978 in the amount of $ 38 , 269 . 83 in the Operating Account . n ( McElwee , Freeman , Del Rosso , Valentino , Raffensperger , Powers , and Desch voting Aye . Nays - none ) TOWN OF ITHACA WARRANTS Rim Motion by Councilman McElwee ; seconded by Supervisor Desch , RESOLVED , that Town of Ithaca warrants dated November 9 , 1979 in the following amounts are hereby approved : General Fund - Town -wide . . . . . . . . . $ 191270 . 54 General Fund - Outside Village . . . 3 , 543911 Highway Fund . . . . . . . . . . . . . . . . . . . . . 77 , 223 . 31 Water and Sewer Fund . . . . . . . . . . . . . 211 , 558963 Capital Sewer Fund . . . . . . . . . . . . . . . 207 , 470 . 07 Federal Revenue Sharing , Bolton Point Deficit . . . . . . . . . . . 23 , 533 . 00 Lighting Districts . . . . . . . . . . . . . . . 190 . 66 ( Raffensperger , Freeman , Valentino , Del Rosso , McElwee , Powers , and Desch voting Aye . Nays - none ) REPORT OF COUNTY REPRESENTATIVE Mrs . Livesay reported on the current status of the County Hospital ambulance service matter . She said there would be a meeting at 4 : 30 p . m . on Novembember 15 of representatives from the municipali - ties of the City of Ithaca , Enfield , and Danby , hospital staff people and a. representative from the Hospital Board of Managers , and people from the various ambulance services . It appears that the ambulance services will be asking each of these municipalities to enter into a contract with them . The County Board of Representatives hopes , at this meeting , to reach a solution to the problem . ADJOURNMENT The meeting was duly adjourned at 11 : 00 p . m . Edwa . Bergen , Town Clerk