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Home My WebLink AboutTB Minutes 1978-12-11 TOWN OF ITHACA REGULAR BOARD MEETING December 11 , 1978 - 5 : 15 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 December 11 , 1978 at 5 : 15 p . m . , there were PRESENT : Noel Desch., Supervisor Andrew W . McElwee , Councilman Robert N . Powers , Councilman Catherine VaLent. ino ., Councilwoman Shirley Raffensperger , Councilwoman Gust L . Freeman , Councilman ALSO PRESENT : James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer Robert Bonnell , Assistant to Town Engineer Nancy Fuller , Deputy Town Clerk Robert Parkin , Highway Superintendent Beverly Livesay , County Representative Hugh S . MacNeil , County Representative Willis Hilker , Developer Joseph Gentili , County Planning Department Rosario J . Guglielmino , Attorney , Rochester , N . Y . Pearl S . Miller Estate David A . Tyler , Attorney for Contract Purchasers Robert Hines , Attorney Arthur L . Berkey , 128 Christopher Circle Beverly Coe , 381 Stone Quarry Road Paul J . Kelsey , 379 Stone Quarry Road Kit Lambert , 136 Judd Falls Road Clarence Newbury , 237 Forest Home Drive Charles and Nancy Trautmann , 235 Forest Home Dr . Thomas R . Wolski , 233 Forest Home Dr . Representatives of the Media : Philip , Lerman , Ithaca Journal Jay Schneider , WHCU Peter Schacknow , WTKO ABSENT : Victor Del Rosso , Councilman PLEDGE OF ALLEGIANCE The assemblage participated in the Pledge of Allegiance . Supervisor Desch introduced Hugh S . MacNeil , now Assemblyman MacNeil . MacNeil . " Everybody has the idea that I am going to Albany to stay . That is not my intention . Sessions are only a few days a week . My life is involved with this community . I will be communi - cating with you regularly . Our working relationship may grow stronger . I am not a stranger to you or you to me . I have already taken steps to pre - file a bill for tax exemption for this building ( the Town Hall ) . I hope it will have Senator Smith ' s backing . I hope I can come to your Board meetings when you have problems with the State . It will now be important for me to work with your Board and your consti - tuents as the need arises . I hope we can continue to know each other and work together on your problems . I will be initiating things and you will be initiating things . " Desch . " You are certainly welcome to be with us any time you can be . I am sure there will be communications during the year . V Town Board Minutes - 2 - December 11 , 1978 We will need a lot of help . For example , the Stone Quarry Road water situation . At some point in the project when we have cost figures and when we look toward getting the approval of Audit and Control , which traditionally has taken four or five months , we will in all probability ask you to " bird dog " that for us , if you will . " Mr . MacNeil agreed and said there were a variety of problems that he would be able to help the Town with . APPROVAL OF MINUTES Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that the Minutes of April 5 , April 10 , April 21 , April 24 , May 2 , May 8 , June 12 , June 19 , July 10 , August 7 , September 11 , 1978 are hereby approved . ( Raffensperger , Freeman , Powers , McElwee , Valentino , and Freeman voting Aye . Nays - none ) CORRESPONDENCE Supervisor Desch read letter dated November 21 , 1978 from James W . Carey , 610 Coddington Road , . to Larry Fabbroni , Town Engineer , complimenting him on the excellent job done with respect to the repair of their driveway . Mr . Carey said , " The contractor did an excellent job and we are much indebted to you for seeing that it was repaired properly . Also , we ' ve been much impressed with the re - landscaping that has been done on the yard , specifically , the lawn area . " The Supervisor read Liese Bronfenbrenner ' s letter of resig - nation as Planning Board Chairwoman . She will continue , however , as a member of the Planning Board . The Supervisor regretted her resignation as Chairwoman , but was happy to know she would continue as a member of the Planning Board . SALES TAX RESOLUTION Supervisor Desch said that in the past several years the Town has adopted a resolution with regard to the use of its sales tax money . He said that the sales tax revenues from the Town have increased to the extent that the Town ' s County tax rate for 1979 will be 17 cents per thousand compared to $ 4 . 289 per thousand ( which is what it would be if the Town had not left the sales tax money in the County operation ) . Therefore , it is appropriate for the Town to continue the policy of leaving the saes tax monies with the County . There is certainly no need at this time for $ 634 , 000 of revenue for the Town operation . He said the efficiency of leaving the money in one place without passing it back and forth preserves the value of the dollar . Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that this Town Board hereby authorizes the County Admini - strator of the County of Tompkins to utilize the Town of Ithaca ' s share of sales tax for 1979 to reduce the Town of Ithaca ' s County tax rate outside the Village of Cayuga Heights ; FURTHER RESOLVED , that a certified copy of this resolution shall be forwarded to the County Administrator . ( McElwee , Valentino , Raffensperger , Freeman , and Desch voting Aye . Nays - none . Powers abstained from the vote since he was not present at the discussion or the motion . ) Supervisor Desch noted that the Town is credited with interest on the money so left with the County , and , therefore , gets the full benefit . G7 Town Board Minutes - 3 - December 11 , 1978 ACCOUNTING TRANSFERS Supervisor Desch reported that there is a deficit in two accounts , primarily because the State Aid check in the amount of $ 27 , 000 has not yet been received . Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that the following temporary transfers be made , pending receipt of State Aid check in the amount of $ 27 , 000 . T0 : FROM : General Fund Townwide A- 200 General Fund Part Town B - 200 $ 4 , 000 , 00_ T0 : FROM : Lighting District Funds General Fund Part Town B - 200 SL - 200 $ 200 . 00 ( Raffensperger , Valentino , McElwee , Freeman , Powers , and Desch voting Aye . Nays - none ) FIXED ASSETS Supervisor Desch reported that the Town is now required to have a formal management control procedure for the inventorying of all capital equipment . The legislation requires two official actions : ( 1 ) identification of what is called " significant value " of the equipment ; and ( 2 ) designation of a Town official as the property manager to gather information and maintain appropriate records . The recommended lower limit of " significant value " is $ 100 . 00 . Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the significant value of Town of Ithaca fixed assets is hereby established as $ 100 . 00 for the lower limit and that the Town Clerk of the Town of Ithaca is hereby designated as the Property Manager . ( Valentino , McElwee , Freeman , Powers , Raffensperger , and Desch voting Aye . Nays - none ) In the discussion it was noted that value is determined by original acquisition cost , not present value . SIGN PERMIT APPLICATION - FORMER BEAUJOLAIS RESTAURANT Mr . Fabbroni reported that the Town has received an appli - cation for a sign which would replace the existing sign on the former Beaujolais Restaurant . The new sign would say " China Garden . Beau - jolais was originally granted a variance . The sign is 14 feet back from the right of way . The Planning Board has approved the new sign . Motion by Councilman Powers , seconded by Councilman McElwee , RESOLVED , that this Board hereby approves sign application from China Garden ( formerly Beaujolais Restaurant ) to change wording on the sign from " Beaujolais Restaurant " to " China Garden . " ( Freeman , Raffensperger , Valentino , McElwee , Powers , and Desch voting Aye . Nays - none ) Town Board Minutes - 4 - December 11 , 1978 PUBLIC HEARING - 5 : 30 p . m . PEARL MILLER ESTATE MATTER - 235 FOREST HOME DRIVE 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 said this is a public hearing to consider the future of a possible encroachment on 235 Forest Home Drive . He said the hearing is unusual in that it is not mandated and no particular action by the Town Board is required . However , the Board felt that in the interest of the previous owner and contract pur - chaser , the Board would hear all comments concerning the extent of encroachment , the future interest of the Town , and future interest of the property owners . Supervisor Desch then asked the Town Attor - ney to address the specifics of the situation . Buyoucos . " The situation is this : that the Town is not bringing any proceeding claiming encroachment . The Town highway is there , the house is there . Primarily , this hearing tonight originates because the attorney for the estate , who is also the executor of the estate which owns the property , has entered into a contract to sell the property . The contract purchasers are claiming that there may be a defect which affects the marketability of the title . The engineer showed an encroachment of a small part of the house , a sort of triangular portion , on the roadway , on his survey map . The engineer is Thomas Miller and the survey is a recent one . The question comes to this : In order for the seller to sell the property , he must be able to convey a marketable title and mar - ketability will be affected by this encroachment . What is the Town ' s position ? The Town is glad to look into the situation and help in any way it can , but it does not admit any particular weakness in its position nor does the Town claim it has no interest in the premises at the present time . One way to resolve the issue would be for the owner to commence a Court proceeding asking for a deter - mination of the title . The Town , if it wished , would have to defend whatever rights it might have . At this time the Town might consider granting a perpetual lease to the owner of the property to permit the encroachment , allowing the house to remain in its present loca - tion as long as it stands . . The Town takes the position that it is reacting to some person ' s need in the community So long as the present house stands there , the Town would not raise any objections . The Town Engineer and the Superintendent of Highways may have comments to make or suggest a proposal . There is the possibility of an exchange of lands between the owner of the property and the owner of the property across the street ( Chester Pond ) . That is a possibility to be explored by the owner of the property , but not something to be initiated by the Town . I believe that is enough for the discussion to get started . " Mr . Ross J . Guglielmino , attorney for and Executor of the Estate of Pearl S . Miller , made the following statement : " I am Ross J . Guglielmino , attorney , 925 Crossroads Build- ing , Rochester , New York . I am also the Executor of the Estate of Pearl S . Miller . " The purpose of this hearing is to solve the problem of an apparent encroachment of a portion of my client ' s house at No . 235 Forest Home Drive , Ithaca , New York , on the Town ' s asserted right of way of three rods width ( 49 - 1 / 2 ft . ) Y� Town Board Minutes - 5 - December 11 , 1978 " Mrs . Miller purchased her home , 235 Forest Home Drive , on August 23 , 1960 from Christopher Lindley and resided on the premises until her death on May 2 , 1978 . Mr . Lindley had pur - chased it from Winifred N . Black on August 20 , 1958 and Ms . Black from Ethel Sackett Murphy on August 11 , 1943 . The house has been located exactly as presently located for more than 75 years with never a question of its apparent encroachment on the right of way of Forest Home Drive . " On August 11 , 1943 , Mr . J . C . Murphy , Civil Engineer , made a map of the premises which contained no indication of any such encroachment . This map was relied upon by all. subsequent purchasers from Ethel Sackett Murphy and also by the Ithaca Savings and Loan Association which placed a mortgage on the property given by Christopher Lindley on August 20 , 1978 . " After Mrs . Miller ' s death the house was contracted to be sold to Mr . and Mrs . Charles H . Trautmann and in connection with the proposed sale I discovered among my client ' s effects a survey map prepared by Thomas G . Miller , an engineer of Ithaca , N . Y . dated June 26 , 1972 which indicated that a portion of Mrs . Miller ' s house " encroached " upon the right of way of Forest Home Drive . Several conferences with Mr . Miller produced the response that it was the Town of Ithaca which asserted that the right of way of Forest Home Drive was 3 rods wide and , therefore , he had to show it that way on his map even though the paved portion , as it has existed for many many years , was substantially narrower than three rods . " Discussions by both me and Mr . David A . Tyler , an attorney of Ithaca , New York , who represents the contract purchasers , Trautmann , with the Town Engineer , Larry Fabbroni , elicited the response that the Town has no definitive records of the width of the Road nor does the Town have any plans to widen Forest Home Drive . In fact , Mr . Fabbroni stated that when the one lane bridge just beyond our property was proposed to be widened into two lanes , just a short while ago , the resident ' s opposition was so firm and vociferous that the bridge was re - built as a one lane bridge . Mr . Fabbroni was favorably disposed to giving the Estate a quit claim deed to that portion of the right of way lying between the south edge of the right of way and the line lying between the two pipes near the edge of the paved portion of the road . " When this proposal was discussed with Mr . James V . Buyoucos , the Town Attorney , he raised certain legal questions which required research into the history of the road . With a lead generously sup - plied by Mr . Buyoucos , I embarked upon a long and laborious search of facts and law to trace the history of the road . " Forest Home Drive was a New York State Highway Route 392 until about five years ago when it was ceded to the Town of Ithaca and became a Town highway . " In an effort to find its history , I contacted the New York State Department of Transportation , which stated that it has nothing on file and referred us to the New York State Legis - lative Reference Library . Unfortunately , a fire in 1920 in the State Capitol destroyed the entire collection of the Library . " From the Appellate Division Library of the Fourth Depart - ment I obtained copies of the original N . Y . State Legislation establishing the road . It was created by an Act of the Legislature entitled " An Act to Incorporate the Cortland and Seneca Turnpike etc . " passed by the N . Y . Legislature on June 12 , 1812 ( Laws of 1812 Chapter CXLII ) . The Turnpike Company ' was subject to the U Town Board Minutes - 6 - December 11 , 1978 restrictions , regulations and provisions , and with all the rights and advantages , powers and privileges contained in the act of the legislature of this state entitled ' an act relative to turnpike companies , ' passed the thirteenth day of March , 1807 . ' " The Turnpike Act was Ch . XXXVIII of the Laws of the State of New York for the year 1807 . At page 106 of the Act is provided : and it shall be the duty of the said commissioners to deposit and cause to be filed in the office of the clerk of every county through which the said road shall pass , an accurate map of the survey of the same , in such county , designating the several particular points near or through which the same may pass : " " At page 108 of said statute it is provided that the appraisers ' inquisition shall be acknowledged by them before one of the judges mentioned and " then by them filed , together with the affidavit aforesaid , in the office of the clerk of the county in which such land shall be situated , within thirty days after such view shall be had and inquisition made by the said appraisers ; and the said clerk shall , at the expense of the said corporation enter the same of record in the book kept by him for recording deeds ; " " In 1812 , the Town of Ithaca was a part of Seneca County . A search through the entire index beginning with 1810 of the records of Seneca County Clerk and the Tompkins County Clerk discloses no record of any such inquisition nor any map filed pursuant to said statutes . " The law is clearly established in this state that the burden is upon the State or County or Town to prove compliance with the laws in existence at the time the highway was created . Compliance requires as a minimum the filing of an accurate map and the recording of the proceeding . In the absence of such proof , the width of the highway is the width in actual use including the paved portion , drainage ditches , etc . People v . Sutherland , 252 N . Y . 86 Walker v . Caywood , 31 N . Y . 51 Wemett v . State , 36 Misc . 2d 14 , 232 N . Y . S . 2d 493 , aff ' d . without opinion 20 A . D . 2d 625 ( Exhibit 3 ) Cobb v . County of Monroe , 24 Misc . 2d 581 , 205 N . Y . S . 2d 730 ( Exhibit 4 ) Porter v . State , 5 Misc . 2d 28 , 159 N . Y . S . 2d 549 ( Exhibit 5 ) " The paved portion of Forest Home Drive has been substan - tially as it now exists for an indefinite period of time . Our house No . 235 Forest Home Drive has been in its present location for more than 75 years . " The 1807 Turnpike Corporation statute , p . 110 supra required that the roads should be laid out " not less than four rods wide , and twenty - eight feet pavement , except where the " steepness of side hills or rocks , " would make it impractibable " in any point or any place thereof , " to finish the road the full width , it would be lawful " to cause the same to be finished of such less width as may be practicable , " . . " but in no place to be contracted of less width than twenty- four feet . " Town Board Minutes - 7 - December 11 , 1978 " In the absence of accurate maps accurately describing the property taken , or the degree of interest acquired , the state is limited to user . If the right of way were four rods , instead of the three rods the town asserts , the number of houses encroach - ing the right of way would be substantial . Mr . Buyoucos himself told me that assuming only a three rod right of way , he knew of at least three other houses on Forest Home Drive which had an encroachment problem . Today when I drove along the highway it appeared to me there are at least houses which would encroach on the highway if it were 3 rods or 49 - 1 / 2 feet wide . " Section 189 of the N . Y . Highway Law provides that " All lands which shall have been used by the public as a highway for the period of ten years or more , shall be a highway , with the same force and effect as if it had been duly laid out and recorded as a highway , and the town superintendent shall open all such highways to the width of at least three rods . As amended L . 1963 , c . 993 , eff . Sept . 1 , 19630 " " The Attorney General has ruled that " The extent of a public highway , road or street acquired by prescriptive easement is limited to the portion actually used or incidental thereto for highway purposes , and lands in excess thereof may only be acquired by consent of owners or by due process of law . 1971 , Op_ . Atty . Gen . ( Inf . ) May 13 . " " My conclusion is that Forest Home Drive is only as wide as its paved portion and that there is no encroachment on the part of our house . However , Mr . Miller , the engineer who drew our map , insists that so long as the Town asserts that it owns a 3 rod right of way , he has no choice but to show it that way , thereby creating a cloud on our title . " I believe that the statesmanlike act on your part is to abandon all claims of the Town of Ithaca to any portion of right of way beyond the paved portion of Forest Home Drive , including ditches , etc . This will remove the cloud on our title as well as on the title of many property owners adjoining the Highway . " By this act the Town is not giving up anything . It is merely giving up the right to extended litigation which will pro - duce the same result , that the Town has no rights beyond the paved portion . Should the Town at any future time choose to widen any portion of the highway , it can still do so without any harm or damage to the property owners , by condemnation or by grant from the property owners . " Mr . David A . Tyler , attorney for the contract purchasers , Charles and Nancy Trautmann , proposed a conveyance pursuant to Section 212 - a of the Highway Law of New York which , he said , could be done along with the present sewer system installation being done by the Town if the neighbor directly across the street simultaneous - ly would convey a triangle equal to that to be abandoned by the Town on the 235 Forest Home Drive property . Mr . Tyler distributed a site plan depicting his proposal . The property directly across the street mentioned by Mr . Tyler is property of Chester Pond . Chester Pond is represented by attorney Robert J . Hines . Mr . Hines made the state - ment which follows : Town Board Minutes - 8 - December 11 , 1978 Mr . Robert J . Hines spoke on behalf of Chester Pond , stating that Mr . Pond was unable to be present at the meeting because of the illness of his wife . Mr . Hines said that Mr . Pond does not recognize or concede the interest of the Town in any por - tion of the roadway other than the travelled portion , and that while Pond was concerned with helping his neighbors , he did not see that either their or his interest was being furthered by any compromise which consisted of exchanging small parcels of land . Hines said the Town should resolve the matter for the benefit of the entire community and relinquish its position with respect to claiming an extensive interest in unused land for the roadway . In his remarks , Mr . Hines related that it was petty matters such as these that gave lawyers a poor image and that it would be in every - body ' s interests to solve the problem fairly to the property owners . Mr . Hines stated that he had been authorized to make the statements made and that he had no other information to give the Board . Mr . Guglielmino said that he wanted to make it clear that whatever solution is found , it should be predicated upon no con - cessions being made on the part of the Miller Estate that the Town has a three - rod road or a four - rod road or has anything other than user . rights . Mr . Pond has insisted on the same thing . The Miller Estate insists on the same thing . Councilman McElwee hoped that a solution could be found which would clear all the apparent encroachments once and for all rather than acting on each separately as they might arise . Supervisor Desch said that although that might be an ideal solu - tion , it will require a considerable amount of work to determine what the scale of the basic problem is . Supervisor Desch suggested it will be necessary for the Superintendent of Highways and the Town Engineer to recommend what the Town ' s interests ought to be as a practical matter . He said if the practical matter is solved , the theoretical matter can be re - solved . Mr . Buyoucos said that Mr . Tyler would work with him to see . what his (.Tyler ' s ) difficulties are under the law . Mr . Tyler said that the contract for sale as it presently exists expires at the end of January . The present situation leaves some uncertainty on the part of the buyers . Mr . Guglielmino said he appreciated the fact that a long - term solution would require considerably more study . He suggested that a temporary solution be arrived at pending the study for the final solution . No other persons wishing to be heard , the Supervisor closed the hearing . ELECTRICAL CODE Supervisor Desch stated that in August the Town Board con - sidered the adoption of an Electrical Code . At that public hearing input was received from Board members and the public concerning the breadth of enforcement that is desired . As a result Section VII of the proposed code was revised . The Supervisor read the revised ver - sion of Section VII . �3 Town Board Minutes - 9 ' - December 11 , 1978 Motion by Councilman Powers , seconded by Councilman Freeman , Local Law No . 3 of the Year 1978 A LOCAL LAW INSTITUTING AN ELECTRICAL CODE FOR THE REGULATION OF THE INSTALLATION AND ALTERATION OF WIRING FOR ELECTRIC LIGHT , HEAT OR POWER AND SIGNAL SYSTEMS OPERATING ON FIFTY ( 50 ) VOLTS OR MORE IN OR ON ALL REAL PROPERTY WITHIN THE TOWN OF ITHACA BE IT ENACTED by the Town Board of the Town of Ithaca , as follows : Section I - STATEMENT OR PURPOSE . Since there is danger to life and property inherent in the use of electrical energy , this local law is enacted to regulate the installation , alteration of wiring for electric light , heat or power and signal systems operating on fifty ( 50 ) volts or more , in or on all real property within the Town of Ithaca . The provisions of this local law shall be referred to as The Electrical Code of the Town of Ithaca . Section II - NATIONAL CODE ADOPTED . All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electrical Code except where the provisions of this local law or any other local law , ordinance or Building Code of the Town of Ithaca shall differently prescribe , in which event compliance with the provisions of such local law , Ordinance or Building Code shall be recognized -as proper compliance with this local law . The requirements of the National Electrical Code shall be those known as National Fire Asso - ciation Pamphlet # 70 , as approved and adopted by the American Stand - ards Association . Section III - ELECTRICAL INSPECTOR . The Chief Inspector , and each of the duly appointed In - spectors of The New York Board of Fire Underwriters are hereby authorized and deputized as agents of the Town of Ithaca to make inspections and reinspections , at reasonable times and places upon reasonable notice , of all electrical installations heretofore and hereafter described , and to approve or disapprove the same . In no event , however , will the cost or expense of such inspections and reinspections be a charge against the Town of Ithaca . Section IV - DUTIES OF THE ELECTRICAL INSPECTORS . It shall be the duty of the Inspector to report in writing to the Chief Inspector , whose duty it shall be to enforce all the provisions of this local law , all violation of or deviations from or omissions of the electrical provisions of the National Electrical Code , and of all local laws , Ordinances , and the Building Code as referred to in this local law insofar as any of the same apply to electrical wiring . The Inspector shall make inspections and re. - inspections of electrical installations in and on properties in the Town of Ithaca upon the written request of an authorized official in the Town of Ithaca or as herein provided . The Inspector is authorized to make inspections and reinspections of electrical wiring installations , devices , appliances , and equipment , in and on properties within the Town of Ithaca where he deems it necessary for the protection of life and property at reasonable times , upon reasonable notice to the property owner or residents . In the event of an emergency it is the duty of the Inspector to make electrical inspections upon the oral request of an official or officer of the Town of Ithaca . 7 ' Town Board Minutes - 10 - December 11 , 1978 It shall be the duty of the Inspector to furnish written reports to the proper officials of the Town of Ithaca and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection . He shall authorize the issuing of a certificate of compliance when electrical installa - tions and equipment are in conformity with this local law . He shall direct that a copy of the certificate of compliance be sent to the Town of Ithaca to the attention of the Building Inspector . Section V - VIOLATIONS OF THE LOCAL LAW . It shall be a violation of this local law for any person , firm or corporation to install or cause to be installed , or . to alter electrical writing for light , heat or power in or on proper - ties in the Town of Ithaca until an application for inspection has been filed with The New York Board of Fire Underwriters . It shall be a violation of this local law for a person , firm or corporation to connect or cause to be connected electrical wiring , in or on properties for light , heat or power , to any source of electrical energy supply , prior to the issuance of a temporary certificate , or a certificate of compliance , by The New York Board of Fire Under - writers . Section VI - PENALTY FOR VIOLATIONS . Any person , firm or corporation who shall violate any of the provisions of this local law or any rule or regulation made pursuant thereto shall be guilty of a " violation " within the mean - ing of the Penal Law of the State of New York , and upon conviction thereof may be punished by a fine of not more than one hundred dollars , and ° each day on which such violation continues shall con - stitute a separate offense . Section VII - LOCAL LAW NOT APPLICABLE IN CERTAIN CASES . The provisions of this local law shall not apply to the electrical installations in mines , ships , railway cars , automotive equipment , or the installations or equipment employed by a railway , electrical or communication utility in the exercise of its function as a utility , and located outdoors or in buildings used exclusively for that purpose . This local law shall not apply to any work in - volved in the manufacture , assembly , test or repair of electrical machinery , apparatus , materials and equipment by a person , firm or corporation engaged in electrical manufacturing as their principal business . It shall not apply to any building which is owned or leased in its entirety by the Government of the United States or the State of New York . The local law shall not apply to the in - stallation of secondary nominal 110 volt services in single family residences when there is sufficient capacity in the electric panel where the service connection is to be made . Section VIII - NO WAIVER OR ASSUMPTION OF LIABILITY . This local law shall not be construed to relieve from or lessen the responsibility of any person owning , operating , con - trolling or installing any electrical wiring , devices , appliances , or equipment for loss of life or damage to person or property caused by any defect therein , nor shall the Town of Ithaca or The New York Board of Fire Underwriters be deemed to have assumed any such lia - bility by reason of any inspection made pursuant to this local law . 7-5 Town Board Minutes - 11 - December 11 , 1978 Section IX - Separability clause . If any part or provision of this local law or the appli - cation thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction , such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances and the Town Board of the Town of Ithaca hereby . declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent . Section X - REPEALING PROVISIONS . All local laws and parts of local laws or Ordinances in - consistent with this local law are hereby repealed . Section XI - EFFECTIVE DATE . This local law shall take effect immediately upon compli - ance with the filing requirements of Section 27 of the Municipal Home Rule Law of the State of New York . ( Raffensperger , Freeman , Valentino , Powers , McElwee , and Desch voting Aye . Nays - none ) ABANDONED LEHIGH VALLEY RIGHT OF WAY Mr . Paul Finger , Tompkins County Planning Department ( coordinating with the Environmental Management Council ) , appeared before the Board to make a presentation with respect to the abandoned Lehigh Valley Right of Way between East Ithaca and the Game Farm Road . Mr . Finger illustrated the area with map . It appears there is an opportunity for various municipalities to acquire this property , possibly for recreational trails . It is necessary for municipalities to instruct the County about its posi - tion or desires in this matter , and the municipalities should also discuss it among themselves . The Town . of Ithaca , for example , might wish to contact the Town of Dryden to discuss a cooperative effort in the use of the available property . Mr . Finger stated that the Department of Transportation has waived preferential rights to this land . There is some question as to whether the State has waived any preferential rights . The State has the first option and then it is given over to State Parks and Recreation for possible usage . Next in line are the individual affected municipalities . There is some question as to whether the municipalities and landowners are given the same preferential rights . Lehigh Valley Railroad has stated they would like to have the County acquire the property and they to match the offer the landowners have submitted . Price per acre ranges from $ 100 to $ 500 ( the higher figure for an abandoned railroad in the Rochester area ) . Mr . Finger said that there are 9 . 6 acres within the Town of Ithaca . The major portion , however , is in the Town of Dryden . He said the County would like the Town to give them a directive as to what they should do with the land . If the Town is interested Town Board Minutes - 12 - December 11 , 1978 in the County purchasing the land and maintaining it or develop - ing it , an indication of this interest must be sent to the County by the affected municipalities . Until then the County will not make any move to upset anyone . It is letting the municipalities act independently . Mr . Finger recommended that the Supervisor of the Town of Ithaca should contact the head of other municipalities involved and discuss the feasibility of making the abandoned right of way a recreation trail . The type of recreation is up to the local municipalities . Councilwoman Raffensperger asked whether the Lehigh Valley Railroad had sent a letter of abandonment . Mr . Finger said he had a letter giving him the maps and telling him that the indicated sections are open for purchase . Mr . Fabbroni noted that the Town of Ithaca had sent a letter to Mr . Hugh S . MacNeil indicating that the Town is interested to the extent that it would cooperate with the County and that the County could pro - ceed from there and determine what is involved . Mr . Finger recommended that the Town send a letter or resolution to the County indicating its interest and intent . At the moment the County is in a " holding action . " STONE QUARRY ROAD - SELECTION OF ENGINEER Supervisor Desch said three proposals from engineers had been received - - Lozier Engineers , Pickard and Anderson , John S . MacNeill . The Board and the engineering staff have re - viewed the proposals . Dollar -wise they are very close . He asked Mr . Fabbroni to make a brief report on the proposals . The Board will then consider retaining one of the three . Mr . Fabbroni said that in each proposal the Town requested considerations and cost estimates for each different activity or scope of work . Phase I is preliminary design , Phase II being the final design . A total price for both was requested . A quotation was requested with the engineers doing all the work and quotations on segments , separated out , which the Town itself might be able to do . The three proposals are very detailed and very close in terms of price . However , based on the familiarity which Lozier Engineers have with the Town system and based on the Towns ' ability to do the topographic work , Mr . Fabbroni recommended that Lozier Engineers be retained to do the design on the Stone Quarry Road water system and to develop project budget , and to prepare reports which need to be submitted to the Health Department and the Department of Audit and Control to get the job in operation . It is estimated that the engineering costs will be approximately $ 9 , 250 . Mr . Fabbroni said they would like to have the preliminary engineering done by the end of January so that appropriate hearings on the budget could be held and then move the project along to the Department of Audit and Control . It appears that final design will be available , including specifications , prior to receiving approval from Audit and Control . The objective is to bid the project in March and be ready for construction at the beginning of the con - struction season . Supervisor Desch said that bids would be opened in the early part of April with construction starting probably within a month from that date . Funds would be available from surplus in the water benefit levy account for engineering and construction . There would be a borrowing involved and the debt service would be derived from the annual benefit levy . No revenue sharing money would be used for this project . Current surplus in the benefit levy is sufficient to pay for the engineering costs in total . Supervisor Desch said there is a good chance that the project can be constructed without increasing the benefit charge of $ 23 . 00 ( water ) . That is the ob - jective . Town Board Minutes - 13 - December 11 , 1978 Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that the firm of Lozier Engineers Associates be retained to perform the preliminary and detailed engineering design of the water extension to service the Stone Quarry Road area of South Hill in the Town of Ithaca , for the sum of approximately $ 9 , 250 . 00 , it being understood that the Town Engineer will do the survey on the project . ( Powers , McElwee , Valentino , R offensperger , Freeman and Desch voting Aye . Nays - none ) Councilwoman Raffensperaer asked whether the recommenda - tion of Lozier Engineers to engineer the project meant that the Board will not pursue innovative approaches ( such as drilling wells ) suggested by other engineers . Supervisor Desch said that he felt it did not make sense to go through a possibly fruitless process of drilling test wells which the Health Department might take up to a year to verify as suitable . Mr . Fabbroni said that given the proposals received and the prices and the firms , it was his opinion that Lozier Engineers have the best capability of meeting almost any time table the Town might establish . The other two firms are more limited in terms of manpower . Supervisor Desch pointed out that Lozier Engineers have done an outstanding job on the five - area sewer project . Very few problems have arisen . BOND RESOLUTION - SEWER IMPROVEMENTS ( 550 , 000 ) Supervisor Desch read in its entirety a proposed resolution providing for the details and authorizing the sale of $ 550 , 000 . 00 sewer improvement ( serial ) bonds , 1978 , of the Town of Ithaca , to pay part of the cost of the construction of a sewer improvement in the Town -wide sewer improvement benefited area . At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , in Ithaca , New York , in said Town , on the 11th day of December , 1978 , at 5 : 15 p . m . Eastern Standard Time The meeting was called to order by Supervisor Desch , and upon roll being called , the following were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman Gust L . Freeman , Councilman ABSENT : Victor Del Rosso , Councilman The following resolution was offered by Supervisor Desch , who moved its adoption , seconded by Councilman McElwee , to -wit : Town Board Minutes - 14 - December 11 , 1978 RESOLUTION DATED December 11 , 1978 . A RESOLUTION PROVIDING FOR THE DETAILS AND AUTHORIZING THE SALE OF $ 550 , 000 SEWER IMPROVEMENT ( SERIAL ) BONDS , 1978 , OF THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , TO PAY PART OF THE COST OF THE CONSTRUCTION OF A SEWER IMPR0=1ENT IN THE TOWN WIDE SEWER IMPROVEMENT BENEFITED AREA IN SAID TOWN . WHEREAS , the Town Board of the Town of Ithaca , Tompkins County , New York , has heretofore adopted a bond resolution on August 12 , 1974 , authorizing the issuance of $ 970 , 000 serial bonds of said Town to pay the cost of the construction of certain sewer improvements in and for the Town Wide Sewer Improvement Benefited Area in said Town consisting of 8 " sanitary sewer lines , manholes , 4 " house laterals , force mains , pump and lift stations , together with original furnishings , equipment , machinery and apparatus necessary therefor for connection to the existing sanitary sewer system in said Town ; and WHEREAS , it is now desired to provide for the date , details and sale of $ 550 , 000 of said bonds and other matters in connection therewith , NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows . Section 1 . Of the $ 970 , 000 serial bonds described in the preambles hereof , there shall be issued and sold only $ 550 , 000 bonds of such amount for such purpose , which shall be designated substan - tially SEWER IMPROVEMENT ( SERIAL ) BOND , 1978 , shall be dated shall be of the denomination of $ 5 , 000 each , shall be numbered from 1 to 110 , both inclusive , and shall mature in numeri - cal order in the amount of $ 30 , 000 on in each of the years 1990 to 1999 ,. both inclusive , with interest thereof payable on and semi - annually thereafter on and Such bonds shall bear interest at such rate as may be necessary to sell the same , which rate shall be determined in the manner provided in Section 59 . 00 of the Local Finance Law . Such bonds shall be in bearer coupon form with the privilege of conversion into bonds reg - istered as to both principal and interest , and shall be payable as to both principal and interest in lawful money of the United States of America at Tompkins County Trust Company , in Ithaca , New York , which by contract is the paying agent of the issuer . Such bonds shall be signed in the name of said Town of Ithaca , Tompkins County , New York , by its Supervisor , and a facsimile of its corporate seal shall be imprinted thereon and attested by its Town Clerk , and the interest coupons shall bear the facsimile signature of said Super - visor . Section 2 . All other matters , except as provided herein relating to such bonds , shall be determined by the Supervisor . Such bonds shall contain substantially the recital of validity clause provided for in Section 52 . 00 of the Local Finance Law and shall otherwise be in such form and contain such recitals , in addition to those required by Section 51 . 00 of the Local Finance Law , as the Supervisor shall determine . Section 3 . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years , pursuant to subdivision 4 of paragraph ( a ) of Section 11 . 00 of the Local Finance Law ; computed from June 9 , 1978 , the date of the first bond anticipation note issued therefor . �I �7 q Town Board Minutes - 15 - December 11 , 1978 Section 4 . The faith and credit of said Town of Ithaca , Tompkins County , New York , are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable . The amount required annually to pay the principal of and interest on said bonds shall be assessed upon the several lots and parcels of land within said Town Wide Sewer Improvement Benefited Area in just proportion to the amount of bene - fit which the same shall receive , but if not paid from such source , all the taxable real property in said Town shall be . subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due . Section 5 . The powers and duties of advertising such bonds for sale , conducting the sale and awarding the bonds , are hereby delegated to the Supervisor , who shall advertise such bonds for sale , conduct the sale and award the bonds in such manner as he shall deem best for the interests of said Town , provided , however , that in the exercise of these delegated powers , he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds . The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds , who shall not be obliged to see to the application of the purchase money . Section 6 . This resolution shall take effect immediately . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Gust L . Freeman , Jr . , voting Aye Andrew W . McElwee , voting Aye Robert N . Powers , voting Aye Shirley Raffensperger , voting Aye Catherine Valentino , voting Aye Noel Desch , voting Aye The resolution was thereupon declared duly adopted . RECESS The Board recessed for five minutes . REQUEST TO PURCHASE SURVEYING ITEMS Mr . Fabbroni , Town Engineer , requested authorization to purchase certain items for surveying and engineering purposes . He provided a list of the requested items . He also requested authorization to have the transit and tripod repaired . He also reported that he has verified that sufficient funds remain in the Equipment Account to cover these purchases . Motion by Councilman McElwee : seconded by Councilwoman Raffensperger , RESOLVED , that the Town Engineer is hereby authorized to arrange for the repair of transit and tripod and for the purchase of the following items required for surveying and engineering purposes : � U Town Board Minutes - 16 - December 11 , 1978 Tripod ( for Wild level ) $ 125 . 00 Wild NAKO Auto Level 650 . 00 Plumb Bob 12 oz . 7 . 52 Sheath 4 . 28 Fiberglass Rod 75 . 71 Chain 66 . 47 Reel 17 . 88 Keil 3 . 92 Hand Level 40 . 50 Two ( 2 ) . Rules 8 . 26 Dip Needle 39 . 15 Rod Level 9000 Total . . . . . $ 1 , 047 . 69 ( Raffensperger , Valentino , Freeman , Powers , McElwee and Desch voting Aye. . Nays - none ) COUNTY/TOWN ROAD SWAPS The Supervisor asked the Board at this time to consider again the matter of the exchange or transfer of certain County roads to the Town and certain Town roads to the County . He said it was appropriate at this time to re - affirm the resolution adopted in March of 1977 on this matter , and to include also the transfer from the County to the Town that portion of Judd Falls Road between the northerly end of the granite curb north of Tower Road to Rt . 366 . Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Board hereby re - affirms the resolution adopted in March of 1977 with respect to the exchange of the Town portion of Sheffield Road from Hayts Road to Townline ( Iradell Road ) ( approxi - mately . 86 miles ) for the County portion of Renwick Heights Road ( approximately . 50 miles ) and the County portion of Judd Falls Road from the end of the granite curb north of the jughandle to Forest Home Drive ( approximately . 20 miles ) and the Town Board at this time FURTHER RESOLVES to include also the transfer from the County to the Town of Ithaca that portion of Judd Falls Road between the northerly end of the granite curb north of Tower Road to Rt . 366 . ( Raffensperger , Freeman , Valentino , Powers , McElwee and Desch voting Aye . Nays - none ) The Town Attorney and the Town Engineer are directed to take whatever legal steps are necessary to implement these ex - changes . AUTHORIZATION FOR TOWN ENGINEER TO ATTEND TRANSPORTATION RESEARCH BOARD CONFERENCE IN WASHINGTON , D . C . Mr . Fabbroni , Town Engineer , requested authorization to attend Transportation Research Board Conference in Washington , D . C . in January , 1979 . Motion by Councilman Powers ; seconded by Councilman McElwee , RESOLVED , that Lawrence P . Fabbroni , Town Engineer , is hereby authorized to attend the Transportation Research Board Conference in Washington , D . C . , in January , 1979 , expenses to be paid by the Town of Ithaca . ( Valentino , Freeman , Raffensperger , Powers , McElwee , and Desch voting Aye . Nays - none ) C6 1 Town Board Minutes - 17 - December 11 , 1978 SALT STORAGE BARN Mr . Fabbroni stated that he had sketched on the original plat plan of the existing Town highway maintenance .facility , the location of the proposed storage facility . He said the Board had approved going to bid on the new facility . Mr . Fabbroni said he had discussed the new proposed, facility with Councilman McElwee and they came to the conclusion they were headed in the wrong direc - tion . Money for materials would be expended in a space too small . There would be access problems to the space , and problems with stan - dardization . There were also problems with the width of the dry storage areas . Mr . Fabbroni said he is now proposed instead a simple pole barn building which will be less costly than the original proposal . This building would be 50 x 64 , standard type , and very easy to construct . It will give the Highway Department some flexi - bility to find out what their needs are in terms of the ultimate storage area . The building can be partitioned as required . The building will be open and there will be no problem with trucks backing up under it . Mr . Fabbroni said when the time comes that the Highway Department knows the amount of space they need for salt storage , they can build a retaining wall independent of the struc - ture . He said the site has been prepared for such a building . There was the question of time table for construction . Mr . Parkin said one of the advantages of moving the project along as quickly as possible is the saving of salt , a certain portion of which is lost with outside storage . It is important to get the salt under cover . Supervisor Desch recommended early preparation of the specifications , advertising for bids , and letting of a contract , so that construction could start in late January ( 1979 ) . Councilman McElwee said that since it is a standard building it would not present a great problem in terms of staff time . Mr . Fabbroni suggested that the Town might bid the materials and that a firm be hired to erect the building . The other approach , he said , is to bid the entire project . The first approach would be competitive insofar as materials is concerned . The second approach would depend on the dollar limit . If the proposals are below the bid limit , then there would not have to be a bid . Supervisor Desch said his concern was that the gain of having a completed facility must be weight against all the commit - ments the staff already has , including surveys for Stone Quarry Road water extension , drainage improvements in the Northeast , zoning Ordinance revisions , Coy Glen matter , additional sewer extensions . Mr . Fabbroni noted again his preference for the Town bid - ding the materials and hiring a firm to erect the building . Super - visor Desch said that an attempt should be made to fit the project into the schedule and get it out to bid in the Spring . Councilman Powers relayed to the Board that Mr . Millard Brink has complained of the noise of the highway equipment in the early morning ( presumably the front end loader ) . It wakes him up . He complains also of the horns on the equipment back - up alarms . He also complains of the lights on the highway maintenance facility and wonders if they cannot be shielded so that the light does not shine in the house . It was agreed that Mr . Parkin and Mr . Fabbroni would discuss these problems , which , presumably would increase with the construction of an additional facility ( the pole barn ) . Town Board Minutes - 18 - December 11 , 1978 CANOPY FOR HIGHWAY MAINTENANCE FACILITY Mr . Fabbroni reported there is a safety hazard existing at the Town highway facility in that ice falls from above the side door and is a danger to persons going ' in and out . He said he had obtained a quotation for a canopy over the door in the amount of $ 1 , 300 . Councilman McElwee said he was concerned that such a canopy would create a " skating rink " ; that the downspout would freeze . The consensus of the Board was that the work should be done and that Councilman McElwee and Mr . Fabbroni should design it . Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that this Town Board hereby approves the expenditure of up to $ 1 , 300 for the development of a canopy at the Town Highway Maintenance Facility , design detail to be prepared by Councilman McElwee and the Town Engineer . ( Raffensperger , Freeman , McElwee , Powers , Valentino , and Desch voting Aye . Nays - none ) NEW YORK STATE DEPARTMENT FOR YOUTH APPLICATIONS - AUTHORIZATION FOR SUPERVISOR TO SIGN YOUTH BUREAU AGREEMENT FOR 1979 Supervisor Desch reported that he had received a proposal ( which all the Board members have now seen ) pertaining to the sup - port of the Coddington Road Community Center as it relates to re - imbursement from the State . The budget for 1979 is $ 1 , 650 for this support within the overall Ithaca Youth Bureau budget items . Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that this Town Board hereby authorizes the Supervisor to execute the agreement between the Town of Ithaca and the Coddington Road Community Center for the year 1979 , amount of support to be $ 1 , 650 . 00 as set out in the budget of the Town of Ithaca for 1979 . ( Freeman , McElwee , Raffensperger , Valentino , Powers , and Desch voting Aye . Nays - none ) Supervisor Desch said he also had the agreement with the City of Ithaca Youth Bureau which has been signed by Mayor Conley for the City which has to do with the Town ' s share of the Youth Development and Recreation Program . He requested authorization to execute the contract . Motion by Supervisor Desch , seconded by Councilwoman Valentino , RESOLVED , that this Town Board hereby authorizes the Supervisor to execute a contract between the City of Ithaca Youth Bureau and the Town of Ithaca to support the Ithaca Youth Bureau to the extent of $ 34 , 874 . 75 as budgeted for 1979 . ( McElwee , Raffensperger , Powers , Valentino , Freeman , and Desch voting Aye . Nays - none ) Supervisor Desch reported there is a separate application which will be forwarded to the New York State Division for Youth which should be moved . Town Board Minutes - 19 - December 11 , 1978 Motion by Supervisor Desch , seconded by Councilwoman Valentino , RESOLVED , that this Town Board hereby approves the application to the New York State Division for Youth for a reimbursement agreement involving $ 17 , 520 . 80 which is the Town ' s share of the agreement . ( Freeman , Powers , McElwee , Valentino , Raffensperger , and Desch voting Aye . Nays - none ) PERSONS TO BE HEARD Mr . Arthur L . Berkey , 128 Christopher Circle , posed the following question : The Town of Ithaca has specified its intent to acquire the Coy Glen for a park area . If all other alternatives fail ( and such is the stated position of Coy Glen property owners Mr . and Mrs . Kraut ) , is it the intent of the Ithaca Town Board to condemn private property in order to acquire the Coy Glen property for a Town of Ithaca park ? Supervisor Desch asked if there were any comments from the Board . Councilman Powers said , " I have a comment to the effect that it is my personal opinion , Mr . Berkey , that Item 11 , PERSONS TO BE HEARD , entitles anybody to say what they would like to say . I would hope you do not expect as simple an answer as your question implies . From my own point of view , if you are asking for a yes or no answer or some short statement ( which is usually applicable under the PERSONS TO BE HEARD category ) , you are not very likely to hear it . " Mr . Berkey said he would like to have whatever response the Board had . He said that at some point in time the Board will have to make a decision . Councilwoman Raffensperger said the Town Board has directed the Park Committee to pursue all alternatives in solving the problems of Coy Glen . She said the Park Committee is doing that - - exploring a number of possibilities . Mr . Berkey said he thought he had received a ' yes ' answer to his question at the meeting held at the National Cash Register Company . Supervisor Desch said that he had given his own individual answer and that was that this Board does not foreclose on any option . Supervisor Desch said that it is not appropriate at this time to address the question of condemnation or any particular action pertaining to acquisition of property by the Town . He said there may come a time when the question is appropriate . Mr . Berkey asked if the Board had any information that Mr . and Mrs . Kraut had changed their position that their property could only be acquired by condemnation . Supervisor Desch said that neither he nor the Board had received any communication from the Krauts on this question . Mr . Berkey asked what the status of the Town ' s application to BOR for shared funding was . Supervisor Desch said the applica - tion is still pending . No response has been received but it is expected that a response will be received . Mr . Berkey asked if the Town of Ithaca pays taxes on the Town Hall and the Supervisor replied that it does . Mr . Berkey asked what the amount was . The Supervisor said he did not know exactly but it was about $ 4 , 000 a year , including school , county , and City taxes . Town Board Minutes - 20 - December 11 , 1978 Mr . Berkey asked what the amount budgeted for repairs of the Town Hall is . Supervisor Desch said he did not have the figure available but that Mr . Berkey could get such information from Mrs . Cynthia Schoffner , the Town bookkeeper . Mr . Berkey inquired as to the status of the Town ' s appeal to the Department of Environmental Conservation on the Rumsey - Ithaca mining operation in the Coy Glen area . Supervisor Desch said there had been no determination as yet and the Town does not know when such a determination is scheduled to be made . He said his under - standing is that DEC is still open to receive comments . TEXACO GAS STATION - TRAFFIC PROBLEMS Councilwoman Valentino expressed concern over the traffic problems created by the new Texaco Gas Station on Ellis Hollow and Juff Falls Road . She said it appears the present arrangement is encouraging traffic to cut straight through into the P & C parking lot . She said she herself had witnessed several near accidents . Mr . Fabbroni said that he would have a report on this situation with respect to the number of cars and the circulation pattern for the year - end meeting . Councilwoman Raffensperger asked him to check the width of the exits , which appear to be wider than the road is , specifically Ellis Hollow Road where it is very wide and very straight . She inquired if the Town had any traffic lights . The Supervisor said none under the Town ' s jurisdiction , that there are some on Danby Road . TOWN ENGINEER ' S REPORT Mr . Fabbroni discussed Brandywine Road . Mr . Fabbroni said Christopher Lane would be improved to relieve flooding . That will be accomplished as soon as the pipe , which has been ordered , is received . Work will be done at the corner of Brandywine and Christopher Lane . He said there was a diversion ditch in back of the houses ( a matter involving legal questions with the school district ) , and construction when the weather will allow . Mr . Fabbroni reported a minor problem with replacing a water line under the Fall Creek bridge . It was necessary to remove a section of pipe and re - align it . He said the Town Board should be aware of this because the Town will be asked by Stever Brothers to pay for an " extra " . It appears the specifications were not cor - rect . Mr . Fabbroni said both the Sapsucker Woods Road Tank and the Danby Road Water Tank has been inspected . He recommended that both these tanks be painted in the coming year ( 1979 ) . The Sapsucker Woods Road tank is pitted and 900 of the paint on the Danby Road tank has broken down and detached from the wall . This should not be left to go another year . As of now it is a simple matter of sandblasting and painting . It is necessary to avoid the corrosion problem we have with the Sapsucker Woods Road tank . Town Board Minutes - 21 - December 11 , 1978 PLANNING BOARD CHAIRMAN REPORT Henry Aron , Acting - Chairman of the Planning Board made the following report : 1 . Planning Board Meeting of November 21 , 1978 . ( 1 ) Public Hearing : Site Plan Review for Minor Extension to the former Beaujolais Restaurant , 602 Elmira Road , Tax Parcel No . 6 - 31 - 3 - 4 . The Planning Board unanimously gave site plan approval to a ten foot ( 10 ' ) addition to the former Beaujolais Restaurant , to be known as " The China Garden Restaurant " . ( 2 ) Public Hearing : Preliminary Subdivision Review for 13 lot Subdivision off Texas Lane , 9 lots in the Town of Ithaca and 4 lots in the Village of Cayuga Heights , Ivar Jonson , Developer . The Planning Board held a long and arduous public hearing with no final decision on preliminary subdivision approval being rendered . The Acting- Chairman appointed a committee of four Planning Board members plus the Town Engineer to study the drainage situation and feasibility of such a development , on site , when topographical maps were received . Such an on - site inspection took place on Friday , December 1 , 1978 . A report from each member is being compiled into one report by the Town Engineer . ( 3 ) Public Hearing : Preliminary Subdivision Review for 80 lot Cluster Proposal Backlot of Ridgecrest Road , Tax Parcel No . 6 - 45 - 1 - 2 . 2 Lagrand Chase , Developer . The Planning Board unanimously granted preliminary sub - division approval , in concept , for said proposed develop - ment . ( 4 ) Sign Application for " China Garden " tabled . ( 5 ) Site Plan Review for Storage Addition to Sam Peter business premises at 1083 Danby Road , Tax Parcel No . 6 - 43 - 1 - 5 , tabled . ( 6 ) Planning Board members who wish to attend Annual Association of Towns Meeting in February , 1979 . a . Henry Aron b . Carolyn Grigorov 2 . Planning Board Meeting of December 5 , 1978 . ( 1 ) Storage Addition to Sam Peter business premises at 1083 Danby Road . Recommendation to Zoning Board of Appeals in favor of variance and in favor of proposed site plan , but leaving options of Planning Board to adjust site plan open . ( 2 ) Sign Permit application approved for " China Garden Restaur - ant " . ( 3 ) Election of Planning Board Chairperson - Henry Aron , Unanimous . Election of Planning Board Vice - Chairperson - Patrick Mackesey , Unanimous . Recommended for approval by Town Board . Town Board Minutes - 22 - December 11 , 1978 TOWN ATTORNEY REPORT The Town Attorney stated he had no report at this time . APPOINTMENTS Supervisor Desch stated that the budget for 1979 includes the expansion of the job of Part - Time Planner and Part - Time Assistant to the Engineer to full time jobs . He read a resolution proposing such expansion . Motion by Supervisor Desch ; seconded by Councilman McElwee , WHEREAS , at a regular meeting of the Town Board of the Town of Ithaca said Board unanimously resolved , Supervisor Desch and Councilpersons Powers , Raffensperger , Valentino , Del Rosso , McElwee and Freeman voting aye , that Barbara Zimmerman Restaino he hired as a part - time Planner and that Michael Ocello be hired as a part - time Assistant to the Town Engineer at the hourly rate of $ 5 . 50 each , such appointments to be irj effect thereafter and having been in effect since December 1 , 1977 , by agreement of that body but without a formal resolution about same on November 10 , 1977 , and WHEREAS , the Tompkins County Commissioner of Personnel , under date of October 10 , 1978 , has certified that such appoint - ments are in accordance with the Civil Service Rules for Tompkins County with the stipulation that the Planner position be titled " Junior Planner " , and WHEREAS , the Town Board of the Town of Ithaca wishes to change slightly the job title for the Assistant to the Town Engineer to " Assistant Engineer " , NOW , THEREFORE , BE IT RESOLVED : That the Town Board of the Town of Ithaca appoint and hereby does appoint Barbara Zimmerman Restaino as full - time Junior Planner at an annual salary of $ 11 , 000 . 00 together with full .fringe benefits inherent to full time employment by the Town of Ithaca , and Michael Ocello as full - time Assistant Engineer at an annual salary of $ 11 , 000 . 00 together with full fringe benefits inherent to full - time employment by the Town of Ithaca , and , further , That said appointments shall be effective as of January 1 , 1979 , and further , That this resolution , together with a completed Supplemental Personnel Action form , shall be forwarded to the Tompkins County Commissioner of Personnel setting forth the slight change in job title for the Assistant Engineer . There being no further discussion , the Supervisor called for a vote . Aye - Desch , McElwee , Raffensperger , Valentino , Freeman , Powers Nay - None The MOTION was declared to be carried unanimously . Town Board Minutes - 23 - December 11 , 1978 APPOINTMENTS ( continued ) Motion by Supervisor Desch ; seconded by Councilman Powers RESOLVED , that Gertrude Bergen , Nancy Fuller , and Cynthia Schoffner be , and they hereby are , re - appointed as Deputy Town Clerks of the Town of Ithaca for the year 1979 . ( Freeman , McElwee , Raffensperger , Powers , Valentino , and Desch voting Aye . Nays - none ) Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that Edward W . King is hereby re - appointed to the Zoning Board of Appeals for a five year term beginning January 1 , 1979 and ending December 31 , 1983 . ( McElwee , Raffensperger , Freeman , Valentino , Powers , and Desch voting Aye . Nays - none ) ELECTION AND APPOINTMENT OF COUNTY REPRESENTATIVE Supervisor Desch reported that the Town Board has had expressions of interest from six persons for appointment as repre - sentative from the Town of Ithaca on the County Board of Representa - tives . The Supervisor noted that Councilman Gust L . Freeman and Henry Aron ( Planning Board ) wish to serve as such representative . He asked each of them whether they understood that in the event they were appointed to the County Board of Representatives , they would be required to vacate their present positions , Councilman Freeman as a member of the Town Board , and Mr . Aron as a member of the Town Planning Board . Both said they were prepared to re - linquish their present positions in such event . The Supervisor distributed a ballot form to each Town Board member . The ballot form identified the names of the six individuals who submitted resumes and answered the questions . The Board had reviewed the information submitted by each candidate prior to the meeting . The Supervisor explained the rationale of the pro - cedure to be used . A secret ballot would be taken to narrow the field . The Supervisor would report the names of the three top vote receivers , but not the amount of votes - received . In this way those persons not receiving any votes would not be embarrassed . The Supervisor explained that he would then move appointment of the person receiving the most votes . After the balloting , the Town Clerk collected the ballots from the Board members , tallied same , and handed the Supervisor a sheet of paper indicating the tally . The Town Supervisor said he would announce the results of the balloting after making his Supervisor ' s report , which .follows . SUPERVISOR ' S REPORT Intermunicipal Agreement Revision " At the noon Audit Meeting today , the Southern Cayuga Lake Intermunicipal Water Commission reviewed the final draft of a major revision of the intermunicipal agreement to increase membership to five municipalities , namely , the inclusion of the Village of Lansing . This has been under negotiation for over two years . The primary deterrent had been the Village ' s reluctance to pledge full faith and credit on the $ 7 , 000 , 000 of bonds . We will soon be scheduling a public hearing to consider the adoption of this revision . During the coming year we will consider a further major revision , namely , the consolidation of Projects I and II for simplification of the administration and budgeting . " Town Board Minutes - 23 ( a ) - December 11 , 1978 Sewer Project " The joint sewer committee of the City and Town is dis - cussing the possibility of retaining the Environmental Facilities Corporation to assist us in developing the administrative structure of a jointly owned system . This is a public corporation created by New York State to assist local communities with major sewer related capital projects . Mr . Slattery and I hope to put together the de - tails of a request for a proposal over the next month . There is a consulting fee for the service that ultimately is requested . We jointly feel that EFC can serve in an unbiased umpire ' s role in developing the complicated working arrangements for this vital service . ," i Town Board Minutes - 24 - December 11 , 1978 Sewer Extensions " We will have a substantial surplus in the local share at the end of the project . We also have two petitions involving small extensions which may be accomplishable within the available funds . The Town Engineer will proceed with the design and estimates on ser - vice to Valley View Road , Campbell Avenue , Slaterville Road , and a portion of West Haven Road . " Revolving File " The Town of Ithaca Newsletter will include an announcement about the new revolving file available for reading at the Town Hall . This is a multi -purpose file as the instructions show ( which are with the file ) . We urge all persons interested in a better Town to keep up to date through use of this file . " Zoning Ordinance Enforcement " We are beginning a comprehensive assessment of our system of zoning enforcement in order to assure reasonable consistency in processing violations of any particular type . This will also pro - vide for timely decisions on necessary courses of action . The assess - ment will take place over the next three to four months . " Traffic Enforcement " I have written to the publisher of the Ithaca Journal requesting that they publish the Town Justice Reports in the news - paper as they do for the Village of Cayuga Heights . This will not only show that traffic enforcement agencies in the Town of Ithaca mean business , but also the negative publicity may be of disciplinary benefit . " Dog Control " There are some interesting developments in neighboring municipalities on the matter of using the increased local share of dog license fees . For example , the Town of Newfield is using part of the money to sponsor clinics for the neutering of male dogs since unneutered dogs will come under the same fee for unspayed females in 1980 . This is an idea our dog committee will pursue. " The County Planning Board is also appointing a dog committee . Perhaps our efforts can be linked to improve overall service in this area . Could there be a County-wide Dog Control Commission ? " Planning Board Chairperson I am in receipt of a letter of resignation from Mrs . Bron - fenbrenner and it is with regret that we accept this resignation . Mrs . Bronfenbrenner has served as our Planning Board . Chairperson for two years , actually one year longer than she originally desired , but in response to my urging agreed to carry on for another year . I am happy to report she will continue on the Board as a member . At our annual meeting , I will be offering a resolution of thanks from our Townspeople . " RESULTS OF THE BALLOTING FOR COUNTY REPRESENTATIVE After having made his report , the Town Supervisor opened the tallv sheet and revealed that Loran Marion had received the tost - votes on the ballots . I � b Town Board Meeting - 25 - December 11 , 1978 Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that Loran Marion be appointed as County Representative on the County Board of Representatives for the Town of Ithaca for Districts 1 and 2 , to replace Hugh S . MacNeil who has resigned from the County Board of Representatives in view of his election as New York State Assemblyman . A roll call vote was taken which resulted as follows : Valentino Aye Raffensperger Nay Desch Aye Powers Aye McElwee Aye Freeman Nay The motion was carried . ADDITIONAL APPOINTMENTS Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that Henry Aron is hereby appointed Chairman of the Planning Board for the year 1979 . ( Raffensperger , McElwee , Powers , Freeman , Valentino , and Desch voting Aye . Nays - none ) Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that Patrick Mackesey is hereby appointed as Vice Chairman of the Planning Board for 1979 . ( Raffensperger , Powers , McElwee , Freeman , Valentino , and Desch voting Aye . Nays - none ) COMMITTEE REPORTS Codes and Ordinances Councilman Powers reported that most of the work has been completed . The only remaining section is Residential . Formal approval of the Business and Industrial Zones will probably be given at the next meeting . The Committee is awaiting final recom- mendations from Barbara Restaino . In January the Committee will take up the work on the Residential Zones . Mr . Aron asked whether the Committee intends to include a noise ordinance . Councilman Powers said that the Committee had discussed a noise ordinance very exhaustively . However , the Com- mittee has not specifically included a noise ordinance . He said the Committee is designating certain areas where certain noise levels are not to be exceeded . Councilman Powers said lengthy discussions had been held with regard to noises , noxious odors , gases , smoke . Supervisor Desch said that Mr . Aron ' s concerns with regard to noise would probably addressed in a separate ordinance . Council - man Powers said the Committee is addressing itself to the noise prob - lem to the extent possible in a land use document , but that he and the rest of the Committee share the opinion that the noise problem should be addressed in a separate document . He said there is no question that there is a demand for it . 91 Town Board Minutes - 26 December 11 , 1978 Traffic Committee Mr . Fabbroni reported that most of the traffic counting equipment has been received and is being tested . There are some minor problems with the equipment to be worked out with the sales - man . Park Committee Councilwoman Raffensperger said that the Park Committee had reached the last of its many charges as follows . " Develop a policy statement of need with regard to bicycle traffic circulation , keeping in mind the likelihood of a sharp increase in mo - ped usage . " " In March 1975 , the Cornell University Graduate Landscape Architecture Program prepared the ITHACA BIKEWAY STUDY for the City and Town of Ithaca . That study , in its three parts , analyzes the need for and the feasibility of a bikeway network in the Ithaca area , including data on natural systems , physical conditions , demand , design criteria , implementation , and a set of mapped data . ( Avail - able at Town Hall ) " Since that time , there has been , in most areas of the Town of Ithaca , an increase in the multiple use of roadways : bicycles , mo - peds , pedestrians , joggers , and increasing numbers of automobiles and trucks . It is the opinion of the Park and Open Space Committee that the safety problems involved in such multiple uses are severe and increasing . " It is the recommendation of this Committee that the Town Board should direct the planning staff and the Park Committee to develop a bikeway map/plan for the Town of Ithaca , coordinated , as possible , with adjoining municipalities , Ithaca College , and Cornell University . The bikeway plan for the Town of Ithaca should explore establishment of bikeways in Classes I , II , and III ( see attachment ) to meet both the transportation and recreational needs of residents of the Town of Ithaca and should include a cost analysis and schedule for implementation . " In the meantime , the Town should : 1 ) a . develop Class I bikeways where unimproved bikeways presently exist in the Town . b . cooperate with other involved municipalities , the County Planning Board and Tompkins County in the possible development of the Lehigh Valley - Ithaca - Freeville ROW as a bikeway or for multiple recrea - tional use . 2 ) consider for Class II development any rq,adway in the Town undergoing renovation or reconstruction . 3 ) direct the planning staff to identify those Town roads that should be signed immediately for bicycles ( Class III ) . Class III bikeway signing would not be installed until the bikeway plan /map has been completed and approved , except where severe safety hazards presently exist and where sign - ing would substantially reduce those hazards . Town Board Minutes - 27 - December 11 , 1978 " The Park and Open Space Committee recommends the follow- ing priorities for 1979 : ( 1 ) Continued effort to develop an effective strategy for the preservation of Coy Glen . ( 2 ) Schedule and implement initial phase of development for neighborhood parks for 1979 - - Northview Road West , Northeast Park , Eastern Heights , vest pocket areas now Town owned . ( 3 ) East Ithaca bikeway completion . ( 4 ) Prepare bikeway map/plan , including cost analysis and implementation schedule . ( 5 ) Investigate tennis courts , Tompkins County Hospital . ( 6 ) Investigate purchase of John P . Hertel property , Forest Home . " The present Park Committee recommends that at least one Planning Board member be added to the Committee . Park Committee meetings are scheduled at the convenience of the staff and Com- mittee members , usually once a month at 5 : 15 p . m . " Councilman McElwee asked how the use of bikeways and Jogging paths could be enforced . Councilwoman Raffensperger said the use of such areas could not be enforced . She said , however , if they are made safer and better , something has been accomplished . She said also that if a better surface is provided for joggers , they will stay off the road and reduce that hazard . Mrs . Livesay said she had been trying to have this whole matter addressed in a comprehensive way at the County level . She said it is not simply a matter of providing the areas but also a system of assuring that they will be used . Supervisor Desch said this would be a natural thing for the County to do because of the many County roads . He said usually a County road is easier to make available to a jogger , it is a better road with more shoulder . Mrs . Livesay inquired whether the County Planning Committee was addressing these issues . Mr . Fabbroni , Town representative on the County Trasnportation Planning Committee , said that bike - ways are considered one of the areas of interest . Mrs . Livesay said that the Safety Committee , a sub- committee of the transporta - tion group , should also be involved . She hoped that Mr . ' Fabbroni would keep that tie - in . ELM STREET EXTENSION REFUND FOR WILLIAM KOCH Mr . Fabbroni reported a situation on Elm Street Extension where it was found that the elevation lateral was too high for the house at 531 Elm Street Extension for a proper service . He recom - mended that Mr . William Koch should be reimbursed for a part of the billing he received from Burris Plumbing , which is less than 20 % of the total billing ( an amount of $ 96 . 25 ) . Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that $ 96 . 25 be paid to Mr . William Koch , 531 Elm Street Extension , to cover reimbursement of down payment for plumbing charges paid by Mr . Koch to Burris Plumbing Co . , funds to come from the five - area Capital Sewer Project . ( Raffensperger , Freeman , Valentino , Powers , McElwee , and Desch voting Aye . Nays - none ) I � Town Board Minutes - 28 - December 11 , 1978 ROAD CUT REFUNDS Mr . Robert Parkin , Highway Superintendent , recommended that refunds in the amount of $ 100 . 00 each for 106 Pinewood and 110 Pine - wood be madelto Lee Knuppenberg . He said he had inspected the cuts and they have been properly restored . Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , that this Town Board hereby authorizes refunds of amounts deposited by Lee Knuppenberg , $ 100 . 00 for 106 Pinewood and $ 100 . 00 for 110 Pinewood , for road cut permits . ( Freeman , McElwee , Valentino , Raffensperger , Powers , and Desch voting Aye . Nays - none ) TOWN OF ITHACA WARRANTS Motion by Councilman McElwee ; seconded by Supervisor Desch , RESOLVED , that Town of Ithaca warrants dated December 11 , 1978 , in the following amounts , are hereby approved . General Fund , Outside Village . . . . . . . . $ 91472 . 22 General Fund , Town -Wide 13 , 063935 Highway Fund 16 , 533 . 33 Lighting Districts . . . . . 191 . 54 Capital Sewer Project 92 , 705 . 05 ( Freeman , McElwee , Valentino , Raffenspergor , Powers , and Desch voting Aye . Nays - none ) BOLTON POINT WARRANTS Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that this Town Board hereby approves Bolton Point warrants dated December 11 , 1978 , after review , and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , in the amount of $ 24 , 786 . 68 . ( Valentino , Powers , Raffensperger , McElwee , Freeman , and Desch voting Aye . Nays - none ) PUBLIC HEARING - COY GLEN Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that this Town Board will conduct a public hearing on December 29 , 1978 at 11 : 30 A . M . at the Town Hall to consider the adoption of a resolution designating 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 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 . ( Valentino , Freeman , Raffensperge , Powers ) McElwee , and Desch voting Aye . Nays - none ) II Town Board Minutes - 29 - December 11 , 1978 APPOINTMENT OF TOWN OF ITHACA REPRESENTATIVE AT ASSOCIATION OF TOWNS MEETINGS IN NEW YORK CITY - FEBRUARY 18 - 21 , 1979 Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that this Town Board does hereby appoint Catherin?' Valentino , Councilwoman , as the Town ' s representative at the Association of Towns meeting in New York City scheduled for February 18 - 21 , 1979 . ( Raffensperger , Freeman , McElwee , Powers , Valentino , and Desch voting Aye . Nays - none ) NORTHEAST BUS RUN Councilman Freeman asked Mr . Fabbroni to report on the Northeast Bus run for the month of November . Mr . Fabbroni reported that in the month of November , 1978 , the preliminary figures indicate a deficit of about $ 300 . 00 of which the Town of Ithaca ' s share is approximately $ 100 . 00 . Supervisor Desch noted that the bus is running about $ 150 . 00 a month deficit . Actually , based on earlier expectations of a much greater deficit , the run is a great success . The service will not be operative between Christmas and New Year holidays . ADJOURNMENT The meeting was duly adjourned at 9 : 30 p . m . Edw d L . Bergen Town Clerk