HomeMy WebLinkAboutTB Minutes 1979-08-13 TOWN OF ITHACA
TOWN BOARD MEETING
August 13 , 1979 - 5 : 30 p . m .
At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins
County , New York , held on the 13th day of August , 1979 , at 5 : 30 p . m . ,
at the Town of Ithaca Offices at 126 E . Seneca Street , Ithaca , New York ,
there were
PRESENT : Noel Desch , Supervisor
Andrew W . McElwee , Councilman
Victor Del Rosso , Councilman
Robert N . Powers , Councilman
Catherine Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
George Kugler , Councilman
ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer
Robert Parkin , Highway Superintendent
James V . Buyoucos , Town Attorney
Beverly Coe , 381 Stone Quarry Road
Wayne A . Coe , 381 Stone Quarry Road
K . C . Coe
Marc Cramer , 300 Cayuga Heights Road
Robert Cotts , 115 Northview Road
Edith Beeker , 5 .Mile Drive
Albert Hoefer , Jr . , 212 Northview Road
Marjeline Hoefer , 212 Northview Road
Paul J . Kelsey , 389 Stone Quarry Road
Bill Shaw
Herbert Monkemeyer , 1058 Danbv Road
E . L . Rose Monkemeyer , 1058 Danby Road
Otto B . Schoenfeld , Gaslight Village
Milton Zarth , 111 Northview Road
Beverlv Livesay , County Representative
Gust L . Freeman , County Representative
Representatives of the Media :
Steven Schnall , WTKO News
Carol Eisenberg , Ithaca Journal
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORTS OF TOWN OFFICIALS
Town Supervisor
" We have a long agenda including some items not on the
formal agenda , including the following :
( 1 ) Mid - year salary adjustment - Town Clerk .
( 2 ) Review and approval of Northeast Transit contracts .
( 3 ) Authorization to execute Cornell University Work Study
Agreement .
( 4 ) Discussion of salt spreader bids .
( 5 ) Authorization to Advertise for Assistant Zoning Officer .
" It will be necessary to adjourn this meeting until the
week of August 20 at which time we will have the Board resolution for
the Stone Quarry Road Water Project for approval . If we do not get
through the entire agenda tonight , we can complete it when we meet
on the bond resolution . Also , in particular , the Town Board may
wish more time to thoroughly review the proposed maintenance of real
property ordinance . Action could then be held until the adjourned
meeting .
Town Board Minutes - 2 - August 13 , 1979
" Town Hall Tax Exemption . I am pleased to report that the
State Legislature has passed into law our local bill sponsored by
Assemblyman MacNeil concerning the exemption of our Town Hall from
City , County and School taxes . This measure will save Town taxpayers
about $ 5 , 000 per year . As you recall , we reciprocated with the City
in granting exemption for City water and park use related properties
in the Town .
" Water Tank Maintenance Projects . The Sapsucker Woods stand -
pipe is now back in service , thus for all practical purposes complet -
ing our program for this year , including the Danby Road tank. We
have an inspection report from the County Health Department which
encourages us to continue the program and , in particular , focuses
on the poor condition of the Cliff Street Pump Station . We had
previously agreed that Cliff Street would be our next priority and
I will be making a motion later to authorize the Supervisor to seek
Emergency Proposals for Cliff Street and the next phase of the paint -
ing program , namely , Trumansburg Tank and Northview Tank . We would
hope that the Cliff Street work could be accomplished this fall and
winter and the tanks in 1980 . We have sufficient fund balances to
spend approximately $ 25 , 000 on Cliff Street .
" Tri - County Solid Waste Resource Recovery Project . I read
in the newspaper that a preliminary environmental impact study
indicates only modest levels of impact on transportation and air
quality . This facility is proposed for location in the Town of
Ithaca and there are a number of concerns , including transportation ,
air quality , fire safety , environmental health , . noise , ' financial ' risk .
I will write to the Chairman of the study group and indicate that we
expect sufficient notification to determine the level of community
and governmental input prior to formal approvals of each phase of
the development . It would seem that the Town Board should be direct -
ly represented on the Commission or Agency which operates the facility .
" Intermunicipal Water Agreement . All Town Board members
are to sign the revised intermunicipal agreement which we approved
recently .
" Lehigh Valley Railroad Preferential Rights . The Town of
Ithaca has been designated as the recipient of preferential rights
to acquire the portion of the East Ithaca railroad right of way in
the Town of Ithaca . This action is in response to our resolution
of last December . We can now proceed to develop a purchase offer
to submit to Lehigh Valley Railroad . Item 21 on the agenda is a
proposal to develop a recommended offer for Town Board action at
our September 10 meeting .
" Rainstorm Damage . The Town of Ithaca experienced some
property damage resulting from the heavy rains on August 2nd or 3rd .
The most critical problem involved . the flooding of a basement on
Campbell Avenue . The Highway Department responded very quickly and
constructed a paved berm on the lower side of the road to provide
as much protection as possible under the circumstances .
" Mr . Parkin has a list of other minor corrective work that
is being pursued throughout the Town . If any Town Board member is
aware of additional problem areas , let Mr . Parkin know about them .
The new storm sewer on Snyder Hill Road held up very well . "
PLANNING BOARD CHAIRMAN ' S REPORT
The Supervisor read Mr . Aron ' s report , as follows :
" I will not be in Town for the August 13 , 1979 meeting of
the Town of Ithaca Town Board . Therefore , I am sending this report
to the Supervisor , with a copy to the Town Clerk , in advance of your
meeting for its presentation at the meeting .
Town Board Minutes - 3 - August 13 , 1979
" 1 . The Planning Board met in regular session on July 10 , 1979 ,
with all members present .
A Public Hearing was held in connection with the consideration
of Final Subdivision Approval for the Inlet Valley Land Co -
Operative , Inc . , 171 Calkins Road .
The Environmental Assessment Form presented by the developer
was examined in great detail , amendments thereto made , and
the Form approved by the Board unanimously , with Mr . Mazza
abstaining from the vote .
A great deal of discussion of the proposed roadway and drainage
led to the .forming by the Chair of an ad hoc Committee , comprised
of Mr . James Baker , Mr . Bernard Stanton , and Mr . Montgomery May ,
to walk the land and present a report to the Board . The Public
Hearing was duly adjourned to July 17 , 1979 , at 7 : 30 p . m .
" 2 . Again , on July 10 , 1979 , a Public Hearing was held to consider
revision of the Town of Ithaca Water and Sewer Benefit Formula .
Among the public there present were Otto Schoenfeld , Lagrand E .
Chase , Ivar Jonson , Rocco - P . Lucente , Evan N . Monkemeyer and
Willis E . Hilker . They , as well as the public , participated in
the discussion . The Planning Board members unanimously endorsed
the proposed revision to the Benefit Formula and fully supported
its adoption by the Town Board .
The results of that discussion have been forwarded to the
Supervisor , as of July 17 , 1979 , and , I believe , are being
set before you this evening .
" 3 . And , finally , on July 10 , 1979 , a Public Hearing was held to
consider Preliminary Subdivision Approval for a proposed 10 - lot
subdivision backlot of Ridgecrest Road as presented by Mr .
Lagrand E . Chase . Planning Board members Bronfenbrenner ,
Schultz and Aron , the ad - hock Committee appointed to walk the
land , - reported .: .Because of certain deficiencies in the Environ -
mental Assessment Form the Public Hearing was adjourned to July
17 , 1979' , at 8 : 00 p . m .
" 4 . On July 17 , 1979 , the Public Hearing in the matter of the Inlet
Valley Land Co - Operative , Inc . subdivision proposal was continued .
The Board had the pleasure of having the Town Attorney present
with whose guidance and expertise , together with lengthy discus -
sion , the Planning Board arrived at a unanimous decision , Mr .
Mazza abstaining from the vote , to grant Final Subdivision Approval .
The Resolution granting final subdivision approval contains nine
( 9 ) carefully delineated conditions .
" 5 . And , on July 17 , 1979 , the Public Hearing in the matter of the
Lagrand E . Chase subdivision proposal off Ridgecrest Road was
continued . The EAF was examined in detail , amendments made ,
and unanimously approved by the Planning Board . After a 35
minute discussion , Preliminary Subdivision Approval , without
condition , was granted to the proposed 10 - lot subdivision pre -
sented by Lagrand E . Chase .
" 6 . Again , on July 17 , 1979 , the Planning Board made recommendations
of approval by the Town Board for three signs :
a . Citizens Savings Bank - variance required .
b . Cortright Electric - no variance needed .
C . Millbrook - no variance needed .
I believe that Mr . Bonnell will be presenting those sign appli -
cations to you at this meeting .
Town Board Minutes - 4 - August 13 , 1979
117 . And , finally , on July 17 , 1979 , the Board discussed certain .
problem areas in the Environmental Assessment Form . It is
my understanding that Mrs . Restaino and Mrs . Fuller have been
putting this discussion together and are drafting certain pro -
posed changes .
" 8 . As a final note , I would like to add that the Planning Board
was pleased to learn of the results of the matter heard by the
Court in re the Ivar Jonson , Texas Lane , Subdivision .
" 9 . The Planning Board will next meet on September 4 , 1979 . We
wish you all a good summer . "
HIGHWAY SUPERINTENDENT ' S REPORT
Mr . Parkin reported he had a request from Louis Munch for
return of $ 100 . 00 for road cutting on Northview West . The road
has been inspected and found in order . Mr . Parkin recommended that
the refund be made .
ROAD CUT'T' ING REFUND - 214 Northview West
RESOLUTION N0 . 140 , 1979
Notion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that refund in the amount of $ 100 . 00 be made to Mr .
Louis R . Munch , 700 Warren Road , to reimburse him for deposit
made for road work and sewer hookup at 214 Northview West .
( Del Rosso , Valentino , Powers , Raffensperger , McElwee , Kugler ,
and Desch voting Aye . Nays - none )
SNYDER HILL ROAD STORM SEWER PROJECT
Mr . Parkin reported that the Snyder Hill Road storm
sewer project is being completed . The only thing remaining to
be done is roll back the fill , add fine stone on top of that ,
and surface grade .
CETA WORKERS
Mr . Parkin reported that the Town has requested eight
CETA workers . Up to ten were permitted . Of the eight hired ,
five appeared for work on the first day . Now only three remain .
These three are working well with the other Highway Department
employees on different projects . The Department could use three
or four more . Mr . Parkin said he had informed the CETA office
he could use more people .
SALT SPREADER
Mr . Fabbroni reminded the Board that earlier discussion
centered around whether to consider a hydraulically driven salt
spreader or an engine driven one . Mr . Fabbroni recommended the
engine driven spreader and recited his reasons . The estimated
purchase price for this equipment is $ 4 , 500 .
RESOLUTION N0 . 141 , 1979
Motion by Councilman Powers , seconded by Councilman Del Rosso ,
RESOLVED , that the Town Highway Superintendent is hereby authorized
to arrange for advertisement of bids on a material spreader , to be
engine driven .
( Raffensperger , Valentino , Kugler , Powers , McElwee , Del Rosso ,
and Desch voting Aye . Nays - none )
Town Board Minutes - 5 - SeptembeTr 1.0 , 1979
APPROVAL OF MINUTES
Councilwoman Raffensperger called attention to an omission
in the minutes of July 9 , 1979 . She requested that it be noted for
the record . that she had requested that the representative to the
Ithaca - Tompkins Transportation Commission inquire into the .feasi -
bility of extending bus service to the Southeast Ithaca area . The
bus service presently terminates at Maple Avenue and Dryden Road
and it is the only densely populated area of the Town which is not
served . The Town Board agreed with this and asked Mr . Gust L . Free -
man to do this and report to the Board as early as possible .
RESOLUTION N0 . 142 , 1979
Motion by Councilman Powers , seconded by Councilwoman Raffensperger ,
RESOLVED , that the minutes dated May 7 and May 21 , 1979 and June 11
and June 25 , 1979 be , and they hereby are , approved , as submitted
by the Town Clerk .
( Kugler , Del Rosso , Valentino , McElwee , Raffensperger , Powers , and
Desch voting Aye . Nays - none )
RESOLUTION N0 . 143 , 1979
Motion by Councilman Powers , seconded by Supervisor Desch ,
RESOLVED , that the minutes of July 9 , 1979 be , and they hereby
are , approved as amended to include the omission noted by Council -
woman Raffensperger .
( Kugler , Valentino , Powers , Raffensperger , Del Rosso , McElwee ,
and Desch voting' Aye . Nays - none .
REPORTS OF COUNTY REPRESENTATIVES
Mrs . Livesay reported that the matter of the State animal
( dog ) control commission which has been proposed was discussed at
the morning meeting of the County Board of Representatives . Such
a commission , as proposed , is not legal . She said there was a
feeling on the Board of Representatives , at the end of the dis -
cussion , that it is too late to pursue the matter at this time .
There was also the feeling that such a commission is only illegal
in having the autonomy to override local municipalities , and that
there is an opportunity for the municipalities to cooperate and
the County to cooperate with them to work out something like an
advisory " commission . Mrs . Livesay recommended that the Town Board
ake its feelings known to the County Public Safety Committee with
regard to this matter .
Supervisor Desch said he did not believe it difficult
to achieve a uniform fee schedule , that the municipalities are
not that far apart . It would , however , require public heariiigs
in each municipality . Mrs . Livesay said the fee schedule must be ,
completed by September as well as a unified contract for the pro -
vision of service . That , she said , could be accomplished whether
uniform fees are established or not . Mrs . Livesay felt there was
no reason to discard completely the idea of a commission . The whole
matter has been referred back to the County Public Safety Committee
and the Municipal Officials Association .
Mr . Gust L . Freeman recommended that the Town Board
authorize the execution of the agreement with regard to Northeast
Transit system .
5:
Town Board Minutes - 6 - August 13 , 1979
POLLING PLACES
Supervisor Desch reported that there had been some uncertainty
about the Town ' s polling places at Northeast School and the Cayuga
Heights School , but that the word is there is no problem . No action
needs to be taken . The polling places and registration places will be
the same as in the previous general -? elcction .
REVISION OF BENEFIT LEVY
SUBDIVISIONS SERVED WITH WATER AND SEWER
Supervisor Desch reported that in July the Town Board con -
ducted a public hearing to consider the possibility of modifying
the benefit levy to recognize the cost of water and sewer extensions
to property being subdivided and at that time the Board tabled a
decision pending a review by the Planning Board . The Planning Board
met on July 10 , 1979 and unanimously approved for the Board ' s con -
sideration the following .
" In an approved sub - division where a developer has
constructed an approved water distribution main and /or
a sanitary sewer collector serving part or all of the
subdivision , the benefit ' on that portion of the sub -
division served shall be determined by the standard
provisions herein as if the utility improvements did
not exist for a period of five ( 5 ) years after con -
struction of same . has been approved except that the
sale , land contract or lease of any lot in any manner
or the issuance of a permit to build on a lot to anyone
will make such lot ( s ) subject to the standard provisions
herein and all the remaining land will be subject to
standard provisions herein at the end of the five ( 5 )
years .
" The developer must certify his ownership annually to
the Town Clerk between September 1 and October l . "
Supervisor Desch called attention to the fact that five years
is specified rather than three . He said there was considerable par -
ticipation by the public and developers and there seemed to be favor -
able reaction on the part of those present .
The Supervisor asked the Board how they felt about five years
as against three years . He said that in his view five years is not
unreasonable in terms of a deferral . That it would stimulate a great
deal of development is doubtful , since there are so many other factors
affecting development , but that it is a step in the right direction .
Councilman Powers asked how difficult it would be to work up an approxi -
mation as to the impact of three years as against five years on the
Town budget . Mr . Fabbroni said that three years is the usual length
of time property is held . He did not think there would be a significant
impact on the Town budget as between three years and five years . Super -
visor Desch pointed out that the total benefit is not lost ; there would
still be benefit assessed on an acreage basis rather than front foot
basis .
Councilwoman Raffensperger said that when a developer pro -
vides water and sewer to a lot or to a number of lots , the capital
investment increases the value of the lot itself by a factor of at
least three ; that it is a very good investment for the developer .
She said the question is whether the Town Board should give a tax
abatement on what is a good capital investment . She said when an
advantage is given to one person the cost is distributed to others
in the Town .
Town Board Minutes - 7 - August 13 , 1979
Supervisor Desch said that would be true if there were a
steady demand for lots , but , he said , the demand on a Town -wide
basis is very low . Mr . Schoenfeld noted that he had been in the
Town of Ithaca for many years and he has developed an average of
about six lots a year ( in the most active area of the Town ) . He
said there are places all around which are developing in competition
with his area . There were one or two years when building was brisk ,
but , he said , it is not that way any more . Councilman Powers noted
that additional costs are passed right down the line to the ultimate
consumer in any event . Councilwoman Raffensperger wondered , should
the Board - adopt the Planning Board ' s recommendation , whether the
savings of the developers would be passed on to the consumer . She
suggested that sometimes those things " get lost in the shuffle " .
Supervisor Desch suggested that as a developer , day by day ,
one would be hard put to start a new development and extend water
and sewer to 50 lots . Mr . Schoenfeld said he would not even attempt
it because it would reach the point of diminishing returns .
Councilwoman Valentino wondered , from a planning point of
view , whether it is desirable to encourage developers to develop
50 lots rather than 30 . They might expand beyond the demand . She
asked what would happen in the Eastern Heights subdivision , for example ,
it they had developed all the lots with water and sewer . Would it not
be more difficult to clear that land back again if it was already put
into water and sewer . Councilwoman Valentino was concerned that the
Board might be encouraging developers to develop beyond the demand .
Mr . Buyoucos , inquired whether the language could not include
the word " owner as well as " developer " and what was meant by " standard "
provisions . He suggested also a few other " cosmetic " changes in the
wording presented by the Planning Board .
It was agreed to hold this matter in abeyance until the
Town Attorney had an opportunity to make certain revisions in the
wording proposed by the Planning Board .
TRUMANSBURG AND NORTHVIEW ROAD TANKS - PAINTING
CLIFF STREET PUMP STATION - RESTORATION
RESOLUTION NO . 144 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that the Supervisor be authorized to obtain engineering
proposals for the painting of the Trumansburg Road , Northview Road ,
and Troy Road standpipes , and for the restoration of the Cliff Street
Pump Station .
( Raffensperger , Valentino , McElwee , Kugler , Powers , Del Rosso , and
Desch voting Aye . Nays - none )
CETA - HIGHWAY DEPARTMENT
RESOLUTION NO . 145 , 1979
Motion by Supervisor Desch ; seconded by Councilman Powers ,
WHEREAS , the Town Board of the Town of Ithaca has approved
the need for extra help at the Highway Department , and
WHEREAS , the Town of Ithaca has applied for and been granted
CETA Project II - D for cutting grass , trimming shrubs , raking leaves ,
cutting brush , patching roads and repairing shoulders of roadways ,
and
WHEREAS , CETA Project II -D provides a total grant of $ 16 , 847
for ten Manual Service Workers for a time period of July 16 , 1979 to
September 30 , 1979 ,
Town Board Minutes - 8 - August 13 , 1979
NOW , THEREFORE , BE IT RESOLVED :
That the Town Board of the Town of Ithaca authorizes Noel
Desch , Town Supervisor , to execute the CETA contract and all other
forms pertinent to CETA Project II - D .
( Valentino , Kugler , Raffensperger , McElwee , Powers , Del Rosso , and
IBM Desch voting Aye . Nays - none )
ME
CONVERSION OF HIGHWAY FACILITY TO NATURAL GAS
The Board considered the matter of converting the Town
Highway Facility from oil to natural gas . Mr . Fabbroni will study
this matter further and make a report to the Board at a later date .
STONE QUARRY ROAD WATER MAIN
Supervisor Desch reported that the Town received bids on the
Stone Quarry Road water project last week . Eight bids were received ,
the low bid in the amount of $ 172 , 810 . 85 from Finger Lakes Construction
Co . Lozier Engineers reviewed the low bid , the bid bonds , and submitted
a proposed budget . Supervisor Desch distributed the project budget
indicating Administration $ 15 , 000 , Construction , $ 185 , 000 ; Engineering ,
$ 10 , 000 , Inspection , $ 20 , 000 ; Project Contingency , $ 20 , 000 , for a total
of $ 250 , 000 . The Administration figure of $ 15 , 000 includes financial
consultant , bonding attorneys , Town Attorney , interest during construc -
tion , sub - surface investigation , printing , and miscellaneous expenses .
Approval has not yet been received from the Department of Audit and
Control , it is expected to be received on August 20 . The Town is
also awaiting a bond resolution from Willkie Farr & Gallagher , the
bond attorneys .
Mr . Buyoucos recommended adjourning the meeting and holding
the awarding of the bid in abeyance until the paper work had been
completed and approval received from Audit and Control . At this
time the Supervisor suggested approval of the project budget .
RESOLUTION NO . 146 - 1979
Motion by Supervisor Desch , seconded by Councilman Del Rosso ,
RESOLVED , that the budget for the Stone Quarry Road Water Project
is hereby approved in the amount of $ 250 , 000 .
( Raffensperger , Valentino , Powers , McElwee , Kugler , Del Rosso , and
Desch voting Aye . Nays - none )
MONKEMEYER REZONING
Parcel No . 6 - 43 - 1 - 3 . 2 - Art Colony
Excerpt from the minutes of the Town of Ithaca Zoning Board
of Appeals meeting of July 16 , 1979 on this matter was distributed
to Board members . The Supervisor read the excerpt ( the applicable
portion ) . This material is attached to the master copy of these
minutes .
Supervisor Desch noted that the Town Board adjourned decision
on this matter pending the outcome of the Zoning Board of Appeals re -
view . He asked the Town Attorney if he had anything to recommend at
this time . Mr . Buyoucos recommended that the Town should not take
action at this time , that it should wait until the project meets all
the requirements of the building code . Mr . Fabbroni said the plans
must be approved by the Building Code Bureau , that it was likely
that Mr . Monkemeyer would have to request a variance from the Code
Bureau requirements , further , that it would be necessary to make cer -
tain that the level of sprinkler coverage is adequate , that there is
sufficient protection against fire , that Mr . Monkemeyer has provided
for these things adequately . Mr . Fabbroni said that Mr . Monkemeyer ' s
architect is now completing some of the things required by the Town .
Mr . Monkemeyer said these plans will be available by the end of the
week .
Town Board Minutes - 9 - August 13 , 1979
Supervisor Desch said that when a satisfactory response
from the review of the plans is received , it will then be appropriate
to set a date for a public hearing to consider the re - zoning based
on the facts available at that time . Mr . Monkemeyer felt that a build -
ing permit could be issued at this time . Mr . Fabbroni said the build -
ing permit could not be issued until the requirements of the Building
Code are satisfied .
RESOLUTION N09 147 , 1979
Motion by Councilwoman Valentino , seconded by Supervisor Desch ,
RESOLVED , that this Town Board will meet and conduct a public hearing
on September 10 , 1979 at 7 : 00 p . m . to consider proposal by Herbert
Monkemeyer to amend the zoning ordinance and zoning map of the Town
of Ithaca with respect to 1 . 38 acres of land on the east side of
Route 96B at 1059 Danby Road , Ithaca , New York ( Art Colony ) .
( McElwee , Valentino , Raffensperger , Powers , Kugler , Del Rosso , and
Desch voting Aye . Nays - none )
TELEPHONE SYSTEM
Supervisor Desch read : proposal by All -Mode Communications
with respect to a telephone system for the Town Hall offices , cost
of $ 4 , 878 . 00 . He reported that the committee charged with reviewing
the purchase of a telephone system felt that number of features in -
cluded in the proposal made it superior to the other bid which was
received .
RESOLUTION N0 . 148 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that the Town proceed with the purchase of the All -Mode
Communications telephone system , as indicated in their offer , it
being noted that the committee found this system superior to the
system offered by Executone , Inc .
( Kugler , Raffensperger , Del Rosso , McElwee , Valentino , Powers , and
Desch voting Aye . Nays - none )
TOWN HALL ROOF REPAIRS
Supervisor Desch reported that the Town has two bids on
painting the exterior of the Town Hall . Bids have also been re -
quested on sandblasting the building . Painting costs are approxi -
mately $ 5 , 000 and sandblasting $ 11 , 000 . Another bid is forthcoming .
This matter will be acted upon at an adjourned meeting . .. The Super -
visor asked the Board members to examine the exterior of the building
and give some thought to whether it makes sense to repaint it . It
does not appear that painting over the chipped paint will be particu -
larly satisfactory . Councilman McElwee suggested that the exterior
could be left " natural if it is sandblasted .
PUBLIC HEARING - 7 : 30 P . M .
MAINTENANCE OF REAL PROPERTY ( JUNK CONTROL )
Proof of posting and publication of notice of public hearing
with regard to maintenance of real property ( junk control ) was pre -
sented by the Town Clerk .
Supervisor Desch opened the hearing .
The Supervisor said that over the past year there have been
some flagrant situations where the owners of certain property are not
cooperative in removing nuisances and the resulting disturbance in
Town Board Minutes - 10 - August 13 , 1979
some areas has caused , it appears , the possibility of decreased
property values . In spite of considerable urging on the part of
Town officials , the response has not been satisfactory . Therefore ,
it seems desirable to consider regulation in a more formal way .
To this end the Town Attorney has prepared a proposed local law
for junk control in the Town of Ithaca . The Supervisor read the
proposed local law and inquired if anyone wished to speak against
or in favor of the law . .
There was an inquiry as to how people could be prevented
` from dumping on other people ' s property . The Supervisor said there
are several ways . When a health matter is involved , the County Health
Department can be of assistance . The Sheriff ' s Department can also be
of help .
Mr . Robert Silsbee , 117 Northview Road , said there are some
common problems the proposed ordinance does not appear to address .
He said that often when a house goes up for sale the house is un -
occupied - and the grass goes uncut for a whole summer . Sometimes
someone will build an addition and bring in some fill , start some
footings , and abandone the project . Washing machines and other
appliances are left in yards .
Mr . Buyoucos said that with respect to growing grass ,
ordinances have been " shot down " , for example , the City of Ithaca ' s
proposed ordinance . About the abandonment of construction materials ,
he said , that matter should be covered in a local law , but not this
one . It should be in the zoning ordinance or some other separate
ordinance or law . There are some complex problems in this regard .
( For example , someone may start a construction project and for one
reason or another have to abandon it either temporarily or permanently . )
With respect to the appliances , Mr . Buyoucos said these would be added
to the proposed local law .
There was discussion of covering stored material with " tarps "
to make their accumulation less objectionable . Mr . Fabbroni said
he believed enforcement with respect to materials accumulated in a
front yard is possible . In a back yard , however , the problem is more
difficult .
Councilman Del Rosso said he wanted to take issue with the
references to abandoned vehicles . He said there are people who own
snowmobiles . These are legitimate recreation vehicles and the owner
should have the privilege of storing them on his property as long as
it does not create a health hazard . Councilman Del Rosso said the
Board ' s purpose is to address junk and hazards and should focus on
that . He did not feel that the Board should in any way become involved
in depriving a person of the rightful use of his own property . Mr .
Buyoucos said he welcomed Councilman Del Rosso ' s comments . He requested
that the Board give him advice as to what it intends with respect to
the storage of automobiles or boats . He said the intent is to prohibit
the storing of those vehicles that are in such a state of disrepair
as to be of no use . Councilman Del Rosso said that was reasonable ,
but that in Section 3 of the proposed local law " we get carried away . "
Mr . Buyoucos agreed and said he would seek direction from the Board
on that score .
Mr . Freeman noted that it is the law that as long as it is
operated on his private property , an owner does not have to register
the vehicle . Mr . Freeman said he also foresaw that with the energy
crunch people with these vehicles may set them on blocks for a year
or so . Mr . Buyoucos said the proposed law could be revised , if neces -
sary to accommodate Mr . Freeman ' s comments .
Mr . Robert Cotts , 115 Northview Road , stated he favored
the proposed junk control law . He asked if the complainant could
be an organized neighborhood association . Mr . Buyoucos said the
complainant could not be an association , but that , for example , 10
people could sign the complaint .
Town Board Minutes - 11 - August 13 , 1979
Councilman McElwee stated that if enforcement of the proposed
junk control ordinance depends upon complaints of neighbors , he did
not think it would implement the intent of the law which is to clean
up the community as a whole . Councilman Powers noted that complaint
by a neighbor is only one means ; the complaint can be brought by a
Town official as well .
No other persons appeared who wished to be heard . Therefore ,
the Supervisor adjourned the public hearing .
RESOLUTION N0 . 149 , 1979
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that this Town Board hereby adjourns the public hearing
with respect to a junk control ordinance in the Town of Ithaca and
delays decision on it until such time as the Town Attorney has pre -
pared the final language , based upon comments made at this hearing ,
and with the assistance of the Town Board ; FURTHER RESOLVED that any
comments from the public or the Town Board be submitted to the Super -
visor .
( Valentino , McElwee , Powers , Kugler , Del Rosso , Raffensperger , and
Desch voting Aye . Nays - none )
TOWN HALL ROOF REPAIRS - SHINGLED SECTION
The Town Board discussed the repair of a section of the
shingled roof of the Town Hall at a cost of $ 1 , 500 .
RESOLUTION NO . 150 , 1979
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that this Town Board hereby authorizes acceptance of the
bid of Ron Seacord , Owner , 121 East Seneca Street , Ithaca , New York ,
in the amount of $ 1 , 545 . 00 to repair shingled Portion of the roof
of the Town Hall Building , subject to consideration of conditions
of the roof .
( Raffensperger , Kugler , Powers , Valentino , Del Rosso , McElwee , and
Desch voting Aye . Nays - none )
COURSE - ENVIRONMENTAL LAW AND POLICY
RESOLUTION NO . 151 , 1979
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that Mrs . Barbara Restaino is hereby authorized to attend
a course in Environmental Law and Policy at Cornell University , at
an expense of $ 30 . 00 , offered by Cornell University School of Archi -
tecture .
( Raffensperger , Valentino , Kugler , Powers , Del Rosso , McElwee , and
Desch voting Aye . Nays - none )
FALL TRAINING SCHOOL FOR
FISCAL OFFICERS AND MUNICIPAL CLERKS
RESOLUTION NO . 152 , 1979
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that this Board hereby authorizes Jean Swartwood and
Constance Allen to attend Fall Training School for Fiscal Officers
and Municipal Clerks at Grossinaers , at a cost not to exceed $ 200 . 00 .
( Kugler , Valentino , Raffensperger , Powers , Del Rosso , McElwee ,
and Desch voting Aye . Nays - none )
Town Board Minutes - 12 - August 13 , 1979
41st ANNUAL PLANNING AND ZONING INSTITUTE
OF THE NEW YORK PLANNING FEDERATION
RESOLUTION N0 . 153 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that this Board hereby authorizes Mrs . Nancy Fuller and
Mrs . Carolyn Grigorov to attend the 41st Annual Planning and Zoning
Institute of the New York Planning Federation , October 14 - 16 , 1979 ,
at an expense not to exceed $ 600 . 00 .
( Kugler , Del Rosso , McElwee , Raffensperger , Valentino , Powers ,
and Desch voting Aye . Nays - none )
TOWN HALL OFFICE HOURS
RESOLUTION NO . 154 , 1979
Motion by Supervisor Desch ; seconded by Councilman Kugler ,
RESOLVED , that office hours of the Town of Ithaca Office shall be
from 8 : 30 A . M . to 4 : 30 P . M . year round , commencing September 4 , 1979 ,
until revised by the Town Board .
( Del Rosso , Kugler , McElwee , Raffensperger , Valentino , Powers , and
Desch voting Aye . Nays - none )
NORTHEAST BUS SERVICE
Mr . Gust L . Freeman handed the Supervisor Northeast Bus
Service agreement , with respect to the Town of Ithaca , and requested
that he execute same . Supervisor Desch noted that this contract for
bus service to the Northeast area commits the Town to provide a sub-
sidy not to exceed $ 7 , 000 , September 3 , 1979 through May 30 , 1980 .
The City of Ithaca is the administrator of the service . The Super -
visor read the contract . He said the City contribution is $ 3 , 000 ,
Village of Lansing , $ 7 , 000 , County $ 5 , 000 , Town of Ithaca , $ 7 , 000 ,
Cayuga Heights , $ 1 , 500 , and Cornell University , $ 7 , 000 .
RESOLUTION NO . 155 , 1979
Motion by Councilwoman Raffensperger ; seconded by Councilman Powers ,
RESOLVED , that the Supervisor of the Town of Ithaca is hereby
authorized to execute the agreement between the City of Ithaca ,
Cornell University , Town of Ithaca , Village of Lansing , Tompkins
County , and the Village of Cayuga Heights for regular commuter bus
service from the South Lansing - Triphammer and Village Apartments -
Sapsucker - Ithaca area to Downtown Ithaca via the Cornell University
Campus , commending September 3 , 1979 , Town of Ithaca share of subsidy
not to .' exceed $ 7 , 000 .
( Kugler , Del Rosso , McElwee , Valentino , Powers , Raffensperger , and
Desch voting Aye . Nays - none )
WORK STUDY AGREEMENT WITH CORNELL UNIVERSITY
RESOLUTION NO . 156 , 1979
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the Supervisor be authorized to execute an agreement
between the Town of Ithaca and Cornell University , whereby the Town
Agrees to provide employment for two students on a work study program
and pay 200 of the cost of their employment ( a maximum of $ 300 . 00
for 10 weeks for each student ) , specified duties to be determined
by the Town Engineer ) .
( Kugler , McElwee , Powers , Valentino , Raffensperger , Del Rosso , and
Desch voting Aye . Nays - none )
`r
V
Town Board Minutes - 13 - August 13 , 1979
SCHEDULE PUBLIC HEARING
PROPOSED USE OF REVENUE SHARING FUNDS
ENTITLEMENT PERIOD N0 . 11
RESOLUTION NO .. 156 , 1979
Motion by Supervisor Desch , seconded by Councilman Kugler ,
RESOLVED , that this Board shall meet and conduct a public hearing
on September 10 , 1979 at 7 : 30 P . M . to consider the proposed use of
Federal revenue sharing funds for Entitlement Period No . 11 .
( Del Rosso , McElwee , Powers , Valentino , Raffensperger , Kugler , and
Desch voting Aye . Nays - none )
TOWN OF ITHACA WARRANTS
RESOLUTION NO . 157 , 19 :9
Motion by Councilman McElwee , seconded by Councilwoman Raffensperger ,
RESOLVED , that Town of Ithaca warrants dated August 13 , 1979 in
the following amounts are hereby approved :
General Fund - Town - Wide $ 36 , 650 . 65
General Fund - Outside Village . . . . . . . . . 31994 . 84
Highway Fund 22 , 913 . 88
Federal Revenue Sharing Funds . . . . . . . . . . 23 , 881 . 00
Lighting Districts 194 . 05
Park Funds 5 , 429 . 39
Water and Sewer Funds 3161104 . 93
Capital Sewer Funds . . . . . . . . . . . . . . . . . . . . . 33 , 092 . 22
( Kugler , Del Rosso , McElwee , Powers , Valentino , Raffensperger , and
Desch voting Aye . Nays - none )
BOLTON POINT WARRANTS
RESOLUTION NO . 158 , 1979
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that this Board hereby approves the Bolton Point warrants
dated August 13 , 1979 in the amount of $ 37 , 984 . 99 in the Operating
Account , this approval being made after review and upon the recommenda -
tion of the Southern Cayuga Lake Intermunicipal Water Commission that
the said warrants are in order for payment .
( Kugler , Del Rosso , McElwee , Powers , Valentino , Raffensperger , and
Desch voting Aye . Nays - none )
SALARY ADJUSTMENT - TOWN CLERK
Supervisor Desch recommended adjusting the Town Clerk ' s
salary retroactive to July 1 , 1979 to $ 13 , 500 . Councilwoman Valentino
called attention to Mr . Bergen ' s letter of July 20 , 1979 requesting an
adjustment to $ 14 , 500 and outline the reasons therefor .
RESOLUTION NO . 158 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that the salary of the Town Clerk is hereby adjusted to
$ 14 , 500 per annum retroactive to July 1 , 19790
( Raffensperger , McElwee , Kugler , Valentino , Del Rosso , Powers , and
Desch voting Aye . Nays - none )
Town Board Minutes - 14 - August 13 , 1979
RESIGNATION - BUILDING INSPECTOR
RESOLUTION N0 . 159 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that the resignation of Robert W . Bonnell , Building
Inspector of the Town of Ithaca , is hereby accepted effective
September 1 , 1979 , and that the Supervisor is hereby authorized
to arrange for advertising for a replacement .
( Valentino , Raffensperger , Del Rosso , McElwee , Kugler , Powers ,
and Desch voting Aye . Nays - none )
REVISION OF BENEFIT LEVY
SUBDIVISIONS WITH WATER AND SEWER
This matter was tabled until the adjourned meeting .
EXECUTIVE SESSION
RESOLUTION NO . 160 , 1979
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that this Board will now retire into executive session
to discuss the proposed acquisition of real property .
( Valentino , Raffensperger , Del Rosso , Powers , McElwee , Kugler ,
and Desch voting Aye . Nays - none )
The Board discussed purchase of Lehigh Valley Railroad rights of
way in the exercise of the Town ' s preferential rights .
RECONVENE - OPEN SESSION
RESOLUTION NO . 161 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that this Board will now re - convene in open session for
the conduct of any remaining business of this meeting .
( Kugler , Valentino , Raffensperger , Del Rosso , McElwee , Powers , and
Desch voting Aye . Nays - none )
LEHIGH VALLEY RAILROAD RIGHTS OF WAY -
TOWN OF ITHACA PREFERENTIAL RIGHTS
RESOLUTION NO . 162 , 1979
Motion by Councilman Powers ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Supervisor is hereby authorizers to offer the
Lehigh Valley Railroad Company $ 200 . 00 per acre for the abandoned
portion of the East Ithaca railroad right of way in the Town of Ithaca
for which the Department of Transportation has designated the Town of
Ithaca preferential rights for such acquisition .
( Del Rosso , McElwee , Powers , Valentino , Kugler , Raffensperger , and
Desch voting Aye . Nays - none )
ADJOURNMENT
The meeting was duly adjourned from day to day .
X 44e^
Edward`L . Bergen
Town Clerk