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HomeMy WebLinkAboutTB Minutes 1979-09-10 TOWN OF ITHACA TOWN BOARD MEETING September 10 , 1979 - 5 : 30 p . m . At a Regular Meeting of the Town Board of the Town of Ithaca , Tomp - kins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 10th day of September , 1979 , at 5 : 30 p . m . , there were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman George Kugler , Councilman ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer Robert Parkin , Highway Superintendent Michael Ocello , Assistant to the Engineer James V . Buyoucos , Town Attorney Henry Aron , Planning Board Chairman Robert H . Schwarting - Town Representative to Environmental Management Council Hugh S . MacNeil , Assemblyman Beverly Livesay , County Representative Gust L . Freeman , County Representative Marc Cramer , 300 Cayuga Heights Road Herbert Monkemeyer , 1058 Danby Road E . L . Rose Monkemeyer , 1058 Danby Road Representatives of the Media . Carol Eisenberg , Ithaca Journal Steven Schmall , WTKO Radio Christie L . Evans , WICB- FM Barnhard Goldmann , WICB -FM PLEDGE 'OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . SUPERVISOR ' S REPORT Moody ' s Rating . " I am pleased to report that the Town has retained an Aa Moody ' s bond rating for the upcoming $ 800 , 000 bond sale , as a result of review of the Town " s fiscal position . ' This retention is no small accomplishment in the face of financial prob - lems down - State . Locally , both the School District and the City lost their Aaa status primarily due to their debt load and declining tax base . This is just one reason why slow steady growth ( before infla - tion ) is so important . If planned properly , the entire community gains . We must sponsor those programs which keep our community as a more attractive place to live , culturally , economically , environ - mentally . Stone Quarry Water Project . " The contractor is expected to start right after the pre - construction meeting on Thursday , September 13 . The contracts will be ready to sign earlier that day . The schedule should permit sufficient completion to permit homeowners to run water services before the ground freezes . Homeowners are encouraged to think about the adequacy of their plumbing so that the changes will not unnecessarily delay hook - up . This suggestion will be included in the Newsletter . Town Board Minutes - 2 - September 10 , 1979 Services to Cayuga Heights Residents in the Town and Town 1980 Budget . " The Newsletter will also report that the annual budget review will include an overview of all budget categories in both the Town - wide and Town - out or Part - Town budgets . In July , I directed each member of the Town staff to build their budget on a zero base so that the Supervisor and the Town Board can . test the validity of all significant components of each segment of the budget . Included will be an in - depth analysis of mandated and voluntary ser - vices within the Village . The analysis will be available to the Town Board and the public when the tentative budget is presented by the Chief Fiscal Officer on October 4 at a public hearing at 7 : 30 p . m . The tentative budget hearing must be held before October 5 . The tentative budget will also include the proposed use of revenue shar - ing funds for Entitlement Period No . 11 which designation will follow the public hearing this evening . Contractual Services with the City . " There has been some intimation that the Town of Ithaca does not pay its fair share of the cost of services available to its residents by the City . The Mayoral candidates need the facts from the Town ' s perspective and I would , therefore , propose that the Supervisor be encouraged to write a letter to all candidates to make sure they are aware of the extensive involvement of the Town in intermunicipal areas such as transit , sewer , fire protection , ambulance service , dog control , Town court . " There are , however , some areas where we cannot afford City services . For example , plumbing inspection . The City insists on charging a flat figure of $ 12 , 000 per year regardless of how many inpsections are provided by their inspector in the Bolton Point service area . At current rates of growth , the cost may run as high as $ 50 to $ 100 per inspection . The Southern Cayuga Lake Intermunicipal Water Commission ( Bolton Point ) has been seeking a plumber who would be interested in working directly for the Commission . Instead , the Bolton Point staff is now in a position to assign proper staff time to accomplish these critical inspections . At the same time , the $ 80 water application fee is no longer adequate to pay for the ser - vices provided when a customer wants to tie on to the system . The cost to the Commission customers for the plumbing inspections will be about half the City requiested figure . " Perhaps there are also services the City is providing that Town residents have not requested . Route 13 Relocation Corridor . " The further consideration of the B - 1 corridor will be made by the County Planning Board on Wed - nesday , September 12 . A review by Town staff and the County Environ - mental Management Council reveals very major concern about the in - crease in cross traffic which will result from the proposed B - 1 western terminus . During this past week we have delved into the proposals and believe a response by the Town is necessary . The attached draft resolution is offered for your consideration . If 8- 1 is approved as proposed , the County must guarantee that the Forest Home by - pass shall - be - constructed between Warren Road or west end of B - 1 and Route 366 and be completed well in advance of the Rt . 13 relocation . y Zoning Enforcement . " The Town has been advertising for the past week for a Zoning and Building Inspector to replace Mr . Bonnell who has accepted employment elsewhere and is going to college in Oswego . Even though the Town is shorthanded , we are in a position to fill the gap at least temporarily through shifts in priorities of Mr . Fabbroni and Mrs . Restaino . This is essential information so that potential violators do not get the idea that they can get away with overlooking the ordinances of the Town . During the four - year period of his employment , Mr . Bonnell did an outstanding job for the Town . His schedule included inspection work on many week - ends and normally involved a work day of 10 hours duration . Mr . Bonnell ' s thoroughness and dedication have reflected great credit on the Town of Ithaca . i � I Town Board Minutes - 3 - September 10 , 1979 Correspondence . " Since the last regular meeting , we have received letters on the following subjects . ( 1 ) 1980 Census . The Census Bureau is getting ready to make the comprehensive 10 - year update of the Census . A suggestion is made to form a local Census Committee to make sure the forms are returned by the citizens so that proper credit is given on matters such as revenue sharing allotments . In our area , it may make sense to form the Committee on a County -wide rather than a town by town basis . The 1980 Census is particularly important because the results will be used for re - apportionment/ redistricting of legislative bodies at all levels of government . Questionnaires will be mailed in early 1980 and picked up by Census enumeration after April 1 . We will want to have notice in our Newsletter in the spring to express the importance of getting an accurate count . ( 2 ) Street Condition - Winstone Court Area . " I received a letter from a resident expressing a concern about the pavement condition in this area . We will be incorporating the necessary replacement and repairs in the 1980 budget if all work is not com - pleted this year . ( 3 ) TV Service to Drew Subdivision . " The residents of this area are getting impatient on the matter of getting the cable ser - vice completed . I have a letter from Mr . Trinkl expressing the concern that Ceracche Company seem to be dragging their feet on getting the job done . I will be following up to get a definite commitment but perhaps some publicity would help the project along . Xerox Equipment " The new 4500 Xerox machine is in place and operating well . This will be a big cost saver on time since it collates and does double - sided printing to save paper costs . Southern Cayuga Lake Intermunicipal Water Commission - 1980 Budget " The tentative budget forecast for 1980 indicates a need for a 12 % increase in water rates and I have recommended that the increase become effective January 1 , 1980 on bills rendered on and after that date . Since the last increase in December , 1976 , national inflation has been 29 % , hence the Commission has held the line ex - tremely well for three years . The announcement of this consideration is made now to permit the municipalities to incorporate the increase in their budget planning process with the maximum of lead time . The Commission will consider the increase at a public hearing at 8 : 00 p . m . September 24 , 1979 at the Ithaca Town Hall . The increase comes about as the result of continuing increases in electric power , chemicals , fuel oil , and a leveling off of consumption . "At the public hearing the Commission will also consider the assessment of an annual charge for separate fire sprinkler ser - vices similar to a demand charge , since the capability of the system has been constructed to meet this need and the user gains an eight to ten - fold reduction in fire insurance rates . The annual revenue expected from this assessment is approximately $ 5 , 000 . Consideration will also be given to an increase in the water application fee for new services on the following schedule : 3 / 4 " and smaller , $ 150 1 " , $ 200 Larger than 1 " , $ 250 plus the cost of meter and installation . The current fee of $ 80 is no longer adequate to pay for all the costs associated with new services . Town Board Minutes - 4 - September 10 , 1979 " Stone Quarry Road customers will be notified to apply early to avoid the increase since the project has been in the planning stage for over one year . " RESOLUTION N0 . 167 , 1979 Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that this Town Board will conduct a public hearing on the 1980 tentative budget at 7 : 30 p . m . on October 4 , 1979 . * ( Valentino , Kugler , Powers , McElwee , Raffensperger , Del Rosso and Desch voting Aye . Nays - none ) * This hearing was actually held as a public informational hearing on October 1 , 19790 Town Board Minutes - 5 - September 10 , 1979 ROUTE 13 CORRIDOR LOCATION RESOLUTION N0 . 168 , 1979 Motion by Supervisor Desch ; seconded by Councilman Powers , WHEREAS , the Tompkins County Planning Board is presently considering the corridor location for the relocation of Route 13 between Cortland and Ithaca , and WHEREAS , the Town Engineer reports that the proposed western terminus of the B - 1 corridor will have a significant adverse environ - mental and traffic impact on the northeast section of the Town of Ithaca , including a portion of the Village of Cayuga Heights , NOW , THEREFORE , BE IT RESOLVED : That the Town of Ithaca Representative on the County Planning Board be directed to report the adoption of this resolu - tion to the County Planning Board and provide said Board with a certified copy at its meeting on September 12 , 19790 ( Kugler , McElwee; , Powers , Valentino , Del Rosso , Raffensperger , and Desch voting Aye' . Nays - none ) WELCOME - ASSEMBLYMAN MacNEIL Supervisor Desch welcomed Assemblyman Hugh S . MacNeil who was present at this meeting . REPORT OF PLANNING BOARD CHAIRMAN Mr . Henry Aron , Planning Board Chairman , reported as follows : " The Town of Ithaca Planning Board met in regular session on Tuesday , September 4 , 1979 , with six members present , Messrs . Baker and Stanton having been duly excused . " l . The Members unanimously approved as written Minutes of June 1 , June 12 , June 14 , June 26 , and July 10 , 19790 " 2 . The Members heard reports from the Building Inspector/Town Engineer and Planner . " 3 . The Planning Board - conducted a Public Hearing to consider Site Plan Approval for a proposed building expansion , Hardware Store , at the East Hill Plaza , as presented by Mr . Stewart Knowlton of Groff Associates . Mr . Knowlton had prepared beforehand the appropriate number of copies of both the Site Plan and the Environmental Assessment Form ( long form ) . Mr . Knowlton presented an excellent visual presentation of the proposed addition of 4 , 600 sq . ft . After discussion , the Board unanimously accepted the Environ - mental Assessment Form , and , after further discussion , unanimous - ly granted Site Plan Approval without condition . Town Board Minutes - 6 - September 10 , 1979 The Planning Board considered , in addition , the proposed signage for the Hardware Store , being a 56 sq . ft . sign to be affixed to the south elevation , and unanimously recommended that the Town Board grant sign approval . " 4 . The Planning Board had scheduled a Public Hearing to consider Final Subdivision Approval for the proposed 10 - lot Subdivision backlot off Ridgecrest Road , Lagrand E . Chase Owner/Developer ; however , Mr . Chase had not been able to gather together all the necessary approvals . from the Health Department and asked that the Hearing be adjourned . The Planning Board concurred and the Public Hearing was duly adjourned to September 18th at 7 : 30 p . m . " 5 . The Planning Board held a Public Hearing under SEQR and considered the Final Review of the Environmental Assessment for the Ivar Jonson Subdivision off Taxas Lane . Based on nine ( 9 ) Findings , the Planning Board determined , unanimously , that the action will not significantly impact the environment and will , therefore , not require further environ - mental review . " 6 . After Public Hearing and lengthy discussion with Attorney Edward W . King , as agent for the owner , Gustav Swanson , the Planning Board unanimously granted Final Subidivision Approval to a 3 - lot Subdivision on Compton Road , with conditions , Town of Ithaca Tax Parcel No . 6 - 45 - 1 - 1 . 2 . " 7 . The Town Board may be interested to note that the minutes of this meeting of . the Planning Board were taken by Miss Susan Perry , as an alternate Secretary , with Mrs . Fuller present to assist . " 8 . The Planning Board meets again on September 18 , 1979 . " TOWN ATTORNEY ' S REPORT Town Attorney Buyoucos reported that he had discussed with the Town Engineer and the Town of Ithaca Planning Board Chairman the need to require , in future subdivisions , evidence that surveyor stakes have been set at the corner of each lot and when the building permit is issued it shall be ascertained that those stakes are actually at the corner of each lot . It was agreed that this requirement would become a part of the rules and regulations with respect to subdivisions . Mr . Buyoucos reported that the State Legislature have now adopted amendments which indicate that a committee meeting must be subject to the Open Meetings Law . He felt this new amendment to be cumbersome and not in the best interests of the . Town ; that it is subject to abuse by those who do not have a benign interest in Town government ; that sometimes proceedings and acts adopted by the Town Board can be set aside to the detriment of the taxpayer and to the detriment of a valid program and action . Supervisor Desch added that the cost of government services would also be increased . Mr . Hugh S . MacNeil , Assemblyman , commented on this matter . He said the amendments arose out of a situation in New York City where public library committee meetings were being -. held without public access ; that it did not relate specifically to Town governments , but rather to situations in New York City . Mr . MacNeil said that notice of such committee meetings did not have to be given to the media , but only posted on the Town ' s regular bulletin board . The law is effective October 1 , 19790 � 5 Town Board Minutes - 7 - September 10 , 1979 SALES TAX ON FUEL Assemblyman MacNeil was questioned with regard to sales tax on fuel oil and the possibility that this tax might be removed . Mr . MacNeil reported that there has been a long - standing discussion in the Legislature on this matter . The inclination there , he said , seems to be that if there is a tax on the books , do not take it off . With respect to fuel oil , in particular , he said there has been a concerted effort to exempt it from sales tax . The Assembly has passed legislation allowing the County the option to remove the sales tax , that is , its own 3 % . He said he hoped that the sales tax would be totally removed from heating oil fuels . REPORT OF TOWN ENGINEER Mr . Fabbroni reported that the five - area sewer project is about drawing to a close . There are a few minor landscaping projects to be completed around pump stations and on private property . Mr . Fabbroni reported that Mr . Ocello and Mrs . Restaino , with the CETA Work Study student , have completed the Northview West Park , Eastern Heights Park , and are about to undertake the Tareyton Road Park which is specifically a ballfield . Blackstone is about to be reconstructed from the Catholic Church to Christopher Lane . There is some drainage work to be done at Christopher Circle . There is drainage work to be done on Tareyton Road and on McIntyre Place . Snyder Hill Road will be oiled and stoned where the storm sewer was constructed , which will stabilize the hillside . Minor patching will be done on Caldwell Road this year . Next year , re - building this road may be a major construction project . Mr . Fabbroni reported that the guard - rail project on Sand - bank Road had been delayed because of revised requirements of the Federal government which has doubled the original estimated cost of this work . Further word is awaited from the Federal government before this project goes forward . Mr . Parkin• said " the CETA crew has been . working on brush in the Forest Home area . The BOCES sidewalk has been cleared so that the Highway Department can get in with the cinder spreader . Cross - walk and stop signs will be put up in the Forest Home area . Councilman McElwee inquired whether posts have been put up between the East Hill Plaza and the Elderly Housing project . Mr . Parkin said his department could do that . Mr . Fabbroni noted that up to now it has been up to the apartment owner to maintain the walk . Councilwoman Raffensperger asked whether anything had been done about the situation on Mitchell Street in connection with the school crossing for children , that is , an additional warning sign . Mr . Parkin said his department has repainted the crosswalks in that area . He said there is an advance crosswalk warning sign and that his department had extended the shoulder of the road for safer walking . l � Town Board Minutes - 8 - September 10 , 1979 DOG CONTROL - COUNTY COMMISSION Mrs . Livesay said she wanted to find out how the Board felt about County involvement in dog control . Supervisor Desch said the Town of Ithaca was the first municipality to sign a con - tract which is basically a County/City/Town contract . He said the Board would have difficulty in justifying a County commission for dog control . However , with or without County level control , the standardization of fees should be an objective . He said he was not sure there is any additional benefit to be gained by having a County level agency or commission . Mrs . Livesay said the proposed commission is , in any event , not legal under State law ; that the County Board of Representatives at its last meeting was not inclined to pursue the matter of a com- mission at the County level , and leave it up to each town to pro - vide for dog control . Mrs . Livesay said , however , that she per- sonally felt there is a role for the County in this matter . She said there are certain animal problems in the County which are County -wide which should not be left to the municipalities to cope with . She said there are benefits in County leadership . She felt the idea of a County commission should not be completely abandoned . She said she felt if it is left to each municipality to negotiate with the SPCA , the good SPCA organization could be lost ; that the SPCA needed to depend on a certain level of support . Councilwoman Valentino said that the model contract which was a County contract with all the different municipalities , with each municipality signing on at their desired level , and that the County ' s involvement in maintaining that kind of contract is a good thing . It keeps all municipalities involved in that kind of leader - ship and that is very important . THE OLD TOMPKINS COUNTY HOSPITAL Mrs . Livesay said that the Town Board should be thinking about the possible uses of the old Hospital . She said there is a special committee established charged with developing a plan for the old Hospital ; that the Town Board should keep in touch with this committee . ATTENDANCE MAGISTRATES SCHOOL ATTENDANCE - NEW YORK PLANNING FEDERATION RESOLUTION N0 . 169 , 1979 Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that Justices Wallenbeck and Blye be , and they hereby are , authorized to attend the New York State Magistrates School at Town expense . ( Kugler , McElwee , Powers , Valentino , Raffensperger , Del Rosso , and Desch voting Aye ) RESOLUTION N0 . 170 , 1979 Motion by Supervisor Desch ; seconded by Councilwoman Valentino , RESOLVED , that Resolution No . 153 , duly adopted by this Board at its regular meeting on Augusg 13 , 1979 , whereby Mesdames Grigorov and Fuller . were authorized to attend the 41st Annual Planning and Zoning Institute at Kutscher ' s in Monticello , New York , October 14 - 16 , 1979 , be and hereby is amended to authorize Mrs . Carolyn Grigorov , Member , Planning Board ; Mrs . Barbara Restaino , Town Planner , Mrs . Nancy Fuller , Secretary , Planning Board and Zoning Town Board Minutes - 9 - September 10 , 1979 Board of Appeals , and Mr . Henry Aron , Chairman , Planning Board , to attend said . Institute , and FURTHER RESOLVED , that the expenses incurred by said Town representa - tives and payable by the Town of Ithaca shall not exceed $ 600 . 00 . ( Raffensperger , Powers , Kugler , McElwee , Del Rosso , Valentino , and Desch voting Aye . Nays - none ) REFUNDS OF WATER USE CHARGES RESOLUTION NO . 171 , 1979 Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that refund in the amount of $ 74 . 32 be made to Ralph Thorpe , 225 Pennsylvania Avenue , Account # 164 - 012418 , by reason of the customer having made a double payment for the same water use . ( Kugler , Valentino , Raffensperger , Powers , McElwee , Del Rosso and Desch voting Aye . Nays - none ) RESOLUTION NO . 17'2 , 1979 Motion by Supervisor Desch , seconded by Councilman Kugler , RESOLVED , that refund in the amount of $ 39 . 24 be made to Ray Teitelbaum , 1102 Trumansburg Road , Account # 163 - 011276 , by reason fo the customer having made a double payment for the same water use . ( Kugler , Valentino , Raffensperger , Powers , McElwee , Del Rosso and Desch voting Aye . Nays - none ) Both these resolutions were adopted based upon recommenda - tion of Mr . Ray Thomas , Clerk , Bolton Point Water Plant , by letters dated August 16 , 1979 . FALL CLEAN -UP DAY Mr . Robert Parkin , Highway Superintendent , recommended that Fall Clean - Up Day be set as October 9 , 19799 RESOLUTION N0 . 173 , 1979 Motion by Councilman Powers , seconded by Councilwoman Valentino , RESOLVED , that Fall Clean - Up Day for the Town of Ithaca for the year 1979 is hereby set as October 9 , 1979 . ( Kugler , Valentino , Raffensperger , Powers , McElwee , Del Rosso and Desch voting Aye . Nays - none ) SIGN APPLICATIONS Mr . Fabbroni reported that there are four sign applications to consider at this time . ( 1 ) Application of Groff Associates ( Stewart Knowlton , Agent ) for a sign for Trustworthy Hardware Stores on East Hill Plaza . ( 2 ) Application of Interstate Brands Corp . (Millbrook Bread ) , 606 Elmira Road , for the addition of a changeable message sign . ( 3 ) Application of Israel E . Cortright , 653 Elmira Road . I � Town Board Minutes - 10 - September 10 , 1979 ( 4 ) Application of Citizens Savings Bank for an addition to their sign ( requiring a variance ) . Mr . Fabbroni described the location , size , and physical appearance of each of these signs , and the Board , after considera - tion and discussion , acted as follows : RESOLUTION NO . 174 , 1979 Motion by Councilwoman Raffensperger ; seconded by Councilman Powers , RESOLVED , that this Board hereby approves the application of Groff Associates ( Stewart Knowlton , Agent ) for a sign 56 feet square for Trustworthy Hardware Stores on East Hill Plaza . ( Kugler , McElwee , Del Rosso , Valentino , Raffensperger , Powers , and Desch voting Aye . Nays - none ) RESOLUTION NO . 175 , 1979 Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , that this Board hereby approves the application of Interstate Brands Corporation ( Millbrook Bread ) , 606 Elmira Road , for the addition of a changeable message sign , 20 additional square feet , the original sign being 50 square feet . ( Kugler , McElwee , Del Rosso , Valentino , Raffensperger , Powers , and Desch voting Aye . Nays - none ) RESOLUTION NO . 176 , 1979 Motion by Councilman Powers ; seconded by Councilman McElwee , RESOLVED , that this Board hereby approves the application of Israel E . Cortright , 653 Elmira Road , for a sign 18 feet square . ( Kugler , McElwee , Del Rosso , Valentino , Raffensperger , Powers , and Desch voting Aye . Nays - none ) RESOLUTION NO . 177 , 1979 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that this Board hereby approves application of , and grants variance to , Citizens Savings Bank , for an addition to their sign of four square feet , a variance being required based on the fact that this addition exceeds the limit allowed by the sign ordinance by four square feet . Councilwoman Valentino said she opposed the application and variance on the ground that others are complying with the sign ordinance . Citizens Savings Bank , she said , was aware of the sign ordinance and erected the sign nonetheless . A vote was taken on the motion which resulted as follows . Councilman Powers , Councilwoman Valentino , Councilwoman Raffensperger , and Councilman Kugler voting Nay . . Supervisor Desch , Councilman McElwee , and Councilman Del Rosso voting 'Aye . The motion was therefore defeated and the application denied . PUBLIC HEARING - MONKEMEYER REZONING Proof of posting and publication of notice of public hear - ing on proposal by Herbert Monkemeyer to amend the Zoning Ordinance of the Town of Ithaca and zoning map of said Town ( with particular reference to the Art Colony ) was presented by the Town Clerk . � 9 Town Board Minutes - 11 - September 10 , 1979 Supervisor Desch read the full legal notice of public hearing ( copy of which is attached to the master copy of these minutes ) . Supervisor Desch reported that the Planning Board has discussed the proposed rezoning and has recommended that the proposal to re - zone be approved . The Supervisor asked if there was anyone who wished to speak for or against the proposed re - . zoning . Attorney John C . Barney presented for the Board ' s con - sideration a proposed resolution with respect to the proposed rezoning . The proposed resolution outlined the procedural history of the request for rezoning and outlines in Schedule A the area to be rezoned . Mr . Barney noted that to date a firm point of beginning with respect to the area to be rezoned ( legal description ) has not been independently verified either by a survey or from the Town of Ithaca office . He suggested that formal adoption of the resolution might be held up pending receipt of such a survey . Mr . Monkemeyer contended that a survey was made . Mr . Barney said , however , that the survey mentioned by Mr . Monkemeyer was made by an architect and not by a certified land surveyor . No other person appeared who wished to speak for or against the proposed rezoning . The matter was discussed by the Board and at the completion of the discussion the Supervisor closed the hearing , and the Board acted as follows : RESOLUTION NO . 178 , 1979 Motion by Councilwoman Raffensperger ; seconded by Supervisor Desch , WHEREAS , application was made by Herbert Monkemeyer and Evan Monkemeyer on April 24 , 1979 , requesting , - among other requests , the rezoning of a parcel of land of approximately one acre in size on Danby Road , tax parcel No . 6 - 43 - 1 - 3 . 2 ( partial ) owned by Herbert Monkemeyer from Business C to Multiple Residence with ancillary uses as art studios , said parcel being bounded and described in Schedule A annexed hereto , and WHEREAS , the Planning Board of the Town of Ithaca duly held a public hearing upon such application on the first day of May , 1979 , following the due and timely posting and publication of notice thereof as required by law ; and that following said public hearing the said Board having thereupon recommended to the Town Board of the Town of Ithaca that said parcel be rezoned to multiple residence district and that ancillary uses as art studio activities be permitted within the barn on said parcel , and WHEREAS , the Town Board of the Town of Ithaca at its regular meeting held on the 11th day of June , 1979 , referred the application to the Zoning Board of Appeals for consideration as to the appropriateness of varying the terms of the rezoning ordinance to permit art studio uses in a multiple residence district and also to permit construction of multiple residences with less than the normally required rear and side yard setbacks , and at a size in height larger than that normally required , and WHEREAS , the Town of Ithaca Zoning Board of Appeals held a public hearing upon the matter on the 16th day of July , 1979 , following the due and timely posting and publication of notice thereof in the Ithaca Journal , and the Zoning Board of Appeals having thereupon made certain findings of facts and conditional upon the Town Board rezoning the premises , awarded variances per - mitting use of the premises in a multiple residence district for display and gallery purposes and possible sale of artistic products made of the tenants ' art ; and � b Town Board Minutes - 12 - September 10 , 1979 WHEREAS , the Town Board of the Town of Ithaca , at its regular meeting held on the 13th day of August , 1979 , ordered that a public hearing be held on the 10th day of September , 1979 , at the Town offices , 126 East Seneca Street , Ithaca , New York , ; to consider the amendment of the zoning ordinance and zoning map so as to rezone said premises to multiple residence district and to provide for certain ancillary uses ; and it appearing that the Town Clerk duly posted and published in the Ithaca Journal on August 311 1979 , the said notice of public hearing , and it appearing that said notice of said hearing has been served on all persons or parties requiring notice , and the public hearing having been held as afore - said , and the Town Board having heard and considered all arguments made with respect to such requested changes , and the public hearing having been closed and the matter of the adoption of the aforesaid changes having been discussed at the meeting following said public hearing ; NOW , in accordance with the provisions of Articles VI , IX , and XIV of the Town of Ithaca zoning ordinance and in accord - ance with the applicable provisions of Sections 264 and 265 of the Town law , it is RESOLVED as follows : 1 . The Town Board , in concurrence with the recommendation of the Planning Board and the Zoning Board of Appeals , determines that the existing and probable future character of the neighborhood in which the Monkemeyer parcel was located would not be adversely affected ; that the creation of a multiple residence district includ - ing art studio uses in said area is in accordance with the purposes for which the existing zoning ordinance of the Town of Ithaca was adopted . 2 . The zoning classification of the parcel of land of about one acre owned by Herbert Monkemeyer at 1059 Danby Road in the Town of Ithaca , New York , part of tax parcel No . 6 - 43 - 1 - 3 . 2 and described in Schedule A annexed hereto , is changed to a multiple residence district , the boundaries of which shall be as described on Schedule A annexed hereto . 3 . The change in zoning classification of the above parcel and the amendment of the zoning ordinance as set forth in this resolution has been made subject to compliance by the owner of the said parcel , or any portion thereof , with the conditions , require - ments , and the provisions hereinafter set forth . No building permit for the construction of any building , or for the alteration of any building , or other structure on said parcel , shall be issued at any time , nor shall any certificate of occupancy for same be issued at any time , unless and until the owner - applicant has complied with all of the said conditions , requirements , and provisions or unless and until satisfactory assurances , under such conditions as the Town Board may reasonably determine , including the requirement of a bond , cash deposit or other security , shall have been given to the said Board , assuring such compliance . A . ( 1 ) The permitted use in this multiple residence district shall be three buildings . In the building presently known as a barn there shall be no more than seven dwelling units inclusive of art studios . In the building known as the tenant house or the house on the west side of the parcel , there shall be no more than four dwelling units , and in the cottage on the south there shall be no more than one dwelling unit . For the purposes of this resolution , the term " dwelling " shall mean a building designed or used as the living quarters for one or more families , regardless of whether said quarters may be used for other Town Board Minutes - 13 - September 10 , 1979 purposes , such as art studio purposes as well , and a " dwelling unit " shall constitute a dwel - ling ( as defined in this resolution ) or portion of a dwelling ( as so defined ) providing living facilities for one family . The total number of dwelling units in said multiple- residence district shall not exceed twelve units . ( 2 ) So long as dwelling units as herein .defined on the zoned parcel are developed in accordance with the immediately preceding paragraph , the permitted use shall also include use of the barn as artists ' studios ( provided that the combined number of studios and dwelling units shall not exceed seven in said building ) . In addition , so long as the other terms of this resolution are com - plied with , there is also permitted as an ancillary use in the barn the display of artistic products , both of tenants and other persons , the conducting of an art gallery in the non - residential portions of the building , and the possible sale of artistic products made by the tenants . ( 3 ) So long as all of the other conditions set forth in this resolution are complied with , the follow- ing deviations from the normally required setback and height restrictions in a multiple residence district are permitted . ( a ) the rear yard between the east side of the barn - gallery building and the east line of the property shall be no less than 60 feet in width . ( b ) the front yard ( on the west ) between the tenant house may be less than 50 feet from the highway right of way line , but no less than 25 feet and in no event closer to the highway right of way line than the same is presently located , ( c ) the height of the barn - gallery building may exceed two stories , but in no event shall it be increased over its presently existing height . Be The owner of the rezoned parcel shall bring all buildings on the rezoned parcel into compliance with all applicable building construction codes , or approved variances therefrom . In this connec - tion , said owner - applicant will provide to the Town of Ithaca zoning enforcement officer full and com- plete plans and specifications for the alterations of the building in form and specificity satisfactory to said officer so as to permit review of same by him and by other appropriate bodies to see if the proposed alterations comply with applicable building construction codes or duly and properly obtained variances therefrom . 4 . The permitting of uses by this resolution and in particular the permitting of the height of the existing barn - gallery building do not in any way constitute permission to violate , vary , or alter the provisions of any applicable building construction codes . Town Board Minutes - 14 - September 10 , 1979 5 . There will be no sleeping accommodations permitted above the bathroom ceiling in areas denominated Lofts 6 and 7 in the building plans heretofore filed with the Town of Ithaca , which area is a partial attic . The owner of the premises will provide a structure in the form of vertical studs or balustrades so that sleeping in said areas will be physically impossible . 6 . The owner - applicant shall prepare a final site plan and deliver same to the Town Board for approval , which final site plan shall contain such requirements for the preservation of trees and for additional landscaping and planting as may be reasonably required by the Town Board or the Town Planning Board , and will also provide for adequate parking in accordance with the requir ments pertaining to multiple residence districts in the Town of Ithaca zoning ordinance . 7 . Any determination which is to be made by the Town Board hereunder may be delegated to the Town Planning Board , insofar as such delegation is lawfully permitted . 8 . The Zoning Map of the Town of Ithaca shall be changed to show the boundary lines of the multiple residence district created by this resolution . 9 . This resolution shall constitute an ordinance amending the Town of Ithaca Zoning Ordinance and shall take effect ten days after the publication thereof pursuant to Section 265 of the Town Law . It is understood that this resolution is subject to the owner providing survey certified by a licensed surveyor and accept - able to the Town Engineer . SCHEDULE A ALL THAT . :TRACT OR PARCEL OF LAND situate in the Town of Ithaca , Tompkins County , New York , on the , east side of Danby Road , known as 1059 Danby Road , and being more particularly described as follows : Commencing at a point in the east line of Danby Road which point of beginning is located 298 . 6 feet north along the east line of Danby Road from its intersection with the north line of East King Road ; running thence easterly at right angles to the center line of Danby Road a distance of approximately 320 feet to a point ; running thence northerly on a line parallel to the center line of Danby Road and along a line which intersects a point 60 feet easterly from the northeast corner of the barn - gallery denoted as Hayloft Art. Center a distance of 185 feet to a point ; running thence westerly and on a line parallel to the first course a distance of approximately 316 . feet to a point in the east line of Danby Road a distance of approximately 24 feet to a point ; running thence southerly along the easterly line of Danby Road a distance of 150 fee ; running thence southeasterly along the easterly line of Danby Road a distance of approximately 18 feet to the point or place of beginning . ( Kugler , McElwee , Powers , Del Rosso , Valentino , Raffensperger , and Desch voting Aye . Nays - none ) PERSONS TO BE HEARD Mrs . Livesay inquired what the situation was with respect to a pending matter of a property which has become unsightly because of an accumulation of discarded materials ( junk ) . Mr . Fabbroni said he is making a routine investigation of the occupant of the building . He said an appearance ticket might be issued . There is certain circum - stantial information which would appear to make it possible for the Town to take this step . Mr . Fabbroni said an investigation will be necessary to determine whether occupancy requirements have been violated . � 3 Town Board Minutes - 15 - September 10 , 1979 PUBLIC HEARING - PROPOSED USE OF REVENUE SHARING FUNDS - ENTITLEMENT PERIOD NO . 11 Proof of posting and publication of notice of public hear - ing on the proposed use of revenue sharing , Entitlement Period No . 11 , was presented by the Town Clerk , and the Supervisor , thereupon , opened the hearing . There was discussion of the proposed use of revenue sharing funds for the Bolton Point benefit levy , park program , Gadabout Bus , mass transit , construction of Caldwell Road , salt storage building , sewer plant , shade trees , drainage improvement . Mrs . Livesay suggested that some of the money might be spent in widening the shoulders of Town roads . The Supervisor , after the discussion , recommended the following uses of Federal Revenue Sharing funds for Entitlement Period No . 11 : Bolton Point Benefit Levy . . . . . . . . . . $ 17 , 000 Park Program . . . . . . . . . . . . . . . . . . . . . . . . 11 , 000 Town Hall Rehabilitation Program . . . . 30 , 000 Gadabout Bus 2 , 100 Mass Transit 5 , 000 Caldwell Road Construction . . . . . . . . . 20 , 000 Salt Storage Building 71769 Mr . Buyoucos asked whether all legal requirements had been complied with with respect to posting and publication of notices with respect to the proposed use of revenue sharing funds . The Supervisor said they had . No other persons appeared who wished to be heard on this matter . Therefore , the Supervisor closed the hearing , and the Board acted as follows : RESOLUTION NO . 179 , 1979 Motion by Councilman Powers , seconded by Councilman McElwee , RESOLVED , that this Town Board hereby approves the proposed use of Revenue Sharing funds for Entitlement Period No . 11 , as follows : Bolton Point Benefit Levy . . . . . . . . . . . $ 17 , 000 Park Program 11 , 000 Town Hall Rehabilitation Program . . . . . 30 , 000 Gadabout Bus 2 , 100 Mass Transit . . . . . . . . . . . . . . . . . . . . . . . . 5 , 000 Caldwell Road Construction . . . . . . . . . . 20 , 000 Salt Storage Building . . . . . . . . . . . . . . . . 7 , 769 ( Kugler , Del Rosso , McElwee , Valentino , Powers , Raffensperger , and Desch voting Aye . Nays - none ) Councilwoman Raffensperger noted that this is " proposed use " and that the Town is not locked into this at this time . The Supervisor agreed this was the case . LOCAL LAW FOR THE MAINTENANCE OF REAL PROPERTY IN THE TOWN OF ITHACA The Board reviewed the final verbal revisions to the proposed local law for the maintenace of real property in the Town of Ithaca and acted as follows : Town Board Minutes - 16 - September 10 , 1979 RESOLUTION N0 . 180 , 1979 Motion by Councilman Del Rosso , seconded by Councilman Kugler , A LOCAL LAW REGULATING THE MAINTENANCE OF REAL PROPERTY IN THE TOWN OF ITHACA BE IT ENACTED by the Town Board of the Town of Ithaca , as follows : J PREAMBLE . While this Law does give the power to the Town officials to determine whether or not this Law has been violated , it is expected that , in general , the inspection of the property and the determination as to whether or not the Law has been violated will be made after a written complaint by neighbors , or other per - sons in the community , who are directly or indirectly affected by the condition of a property . It is expected that people will maintain their properties in a responsible manner and that property owners will respond sensitively and responsibly to the concerns of their neighbors . Section 1 . PURPOSE . The purpose of this Law is to promote the general health , safety and welfare of the residents of the Town of Ithaca and to protect the value of real property in the Town of Ithaca and to promote and perpetuate the attractive appearance of neighborhoods in the community , by requiring proper maintenance of real property within the Town of Ithaca . Section 2 . PROHIBITED ACTS . ( a ) It shall be a violation of this Local Law for any owner , or other occupant or person having control of real property in the Town of Ithaca to deposit , abandon , maintain , keep or allow the accumulation on his real property , out - side of any building , of any junk , trash , rubbish , garbage , refuse , debris , discarded materials , and any other waste material which , if thrown or deposited as herein prohibited , tends to create a danger to the public health , safety and welfare or creates degradation through unsightliness or noisomeness . Examples of such materials are as follows : i . Putrescible animal and vegetable wastes resulting from the handling , preparation , cooking and consump - tion of food , ii . Putrescible and nonputrescible solid wastes ( except body wastes ) , such as garbage , rubbish , ashes , street cleanings , dead animals , and solid market and indus - trial wastes , iii . Nonputrescible solid wastes consisting of both com- bustible and noncombustible wastes , such as felled or cut trees , limbs , lumber and construction materials not actively and presently being used to construct or repair a building or make any other improvement on the premises , broken glass , discarded bedding , broken crockery and similar materials . iv . Any automobile , boat , snowmobile , vehicle , or other such device , which is in a state of disrepair or is otherwise dilapidated , broken or abandoned . v . Abandoned , discarded , broken , or inoperable refrigera - tors , washing machines or other machinery or parts thereof . Any such items stored on any yard or lot for a period of more than 60 days shall be presumed to be abandoned . Such list of examples is not exclusive and is not in limitation of the prohibition contained in this section . 1 S� Town Board Minutes - 17 - September 10 , 1979 ( b ) Except to the extent that a health , safety or fire hazard is found to exist , or if the storage of such items would constitute . a nuisance , it shall not be a violation of this Law to maintain on real property items of the kind and nature set forth in subsection ( a ) above if such items are stored inside a storage structure or if they are stored in such manner that they are not visible to neighborhing properties or from a ' highway , with - out limiting the foregoing , storage in a front yard as defined in the Town Zoning Ordinance , Law or Regulations is forbidden . Section 3 . VIOLATIONS . A violation of this Local Law shall be a violation as defined in Section 10 . 00 ` of the Penal Law of the State of New York and shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ( $ 250 . 00 ) or a sentence of imprison - ment not to exceed fifteen ( 15 ) days , or both . Section 4 . ENFORCEMENT . ( a ) The building inspector or Zoning officer of the Town of Ithaca are hereby authorized to en - force the provisions of this Local Law . ( b ) Upon receiving a complaint or upon any inspection of a property , the building inspector or zoning officer shall determine whether or not there appears to be a violation of this Local Law . Upon determining that this Law has been violated , the building inspector or the zoning officer shall give the owner of the real property written notice setting forth the nature and existence of the violation , and the provisions of this Law violated , and direct - ing that the violation be terminated or corrected within 14 days of the date of such notice . Such notice shall be given personally to the owner , lessee , occupant or other person required to maintain the property within the County of Tompkins , or by posting a copy of the notice in a conspicuous place on the real property , or by mail - ing the same to the address of the real property or that listed by the owner for the receipt of tax bills . ( c ) If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided , the building in - spector or zoning officer may file a written complaint , signed by the complaining party , specifying the conditions , acts or omis - sions constituting a violation of this Law , the address of the real property where the violation is taking place , the name and address of the owner , occupant , lessee , tenant and /or other party having control of the real property , with the Town Justice and shall issue , and serve on the real property owner an appearance ticket requiring his or her appearance in court . The building in - spector or zoning officer shall also file proof of compliance with subsection ( b ) above . In the alternative , the building inspector or zoning officer or any complaining or aggrieved party may file a written complaint , signed by the complaining party , with the Town Justice specifying the conditions , acts , or omissions constituting a violation is taking place , the name and address of the real property owner , occupant , lessee , tenant or other party having control of the real property , and facts showing compliance with subsection ( b ) of this section . Upon receipt of such complaint , the Town Justice may issue a written summons directing the property owner or other re - sponsible party to appear in person before him , if such person does not appear , the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed . Section 5 . EFFECTIVE DATE . This Local Law shall take effect immediately . ( Kugler , McElwee , Del Rosso , Valentino , Raffensperger , Powers , and Desch voting Aye . Nays - none ) i q d� Town Board Minutes - 18 - September 10 , 1979 HIGHWAY DEPARTMENT MATERIAL SPREADER Mr . Fabbroni reported that bids on a new material spreader for the Highway Department were opened on August 24 , 1979 , with only one bid being received . He said , however , the equipment offered . meets all the Town ' s requirements and is compatible with and adaptable to all the other equipment in the Highway Department . He said that he and Mr . Parkin , Highway Superintendent , recommend acceptance of the bid received . RESOLUTION NO . 181 , 1979 Motion by Councilman Powers , seconded by Councilwoman Valentino , RESOLVED , that this Town Board , upon the recommendation of the Highway Superintendent and Town Engineer , hereby accept the bid of Hanna & Hamilton , Inc . , 17 Shannon Street , Bath , . New York , in the amount of $ 3 , 994 . 95 for an engine - driven material spreader . ( Kugler , Raffensperger , McElwee, Powers , Del Rosso , Valentino and Desch voting Aye . Nays - none ) RESTORATION OF TOWN HALL Consideration of this matter was postponed until the Town Engineer has an opportunity to do further studies with respect to the condition of the mortar on the building and whether sandblasting or painting is practical . BOND RESOLUTION - $ 250 , 000 - STONE QUARRY ROAD Supervisor Desch stated that on August 27 , 1979 the Board met and adopted a bond resolution for the sale of $ 250 , 000 serial bonds for the Stone Quarry Road Water Improvement . However , there were only four Board members present , one short of the required number necessary to adopt a bond resolution . Therefore , the resolution must be re - adopted at this time . Mr . Buyoucos stated for the record that this resolution is being adopted in exactly the same form as the one on August 27 . There is no change in form , content , or substance . It is simply submitted for re - adoption in order to comply with the law of two - thirds vote and as re - adopted it will be published with the same legal notice as before . To that extent the resolution as originally adopted is rescinded . RESOLUTION NO . 182. 1 1979 At a Regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices in Ithaca , New York , in said Town , on the 10th day of September , 1979 , at 5 : 30 o ' clock P . M . Eastern Daylight Saving . Time . The meeting was called to order by Supervisor Desch , and upon roll being called , 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 ABSENT : None Town Board Minutes - 19 - September 10 , 1979 The following resolution was offered by Supervisor Desch , who moved its adoption , seconded by Councilman McElwee , to - wit : BOND RESOLUTION DATED September 10 , 1979 . A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 250 , 000 SERIAL BONDS OF THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , TO PAY THE COST OF A PROPOSED WATER IMPROVE - MENT DESIGNATED THE STONE QUARRY - PITTMAN LAND - KING ROAD WEST WATER IMPROVEMENT . f WHEREAS , by proceedings heretofore duly had and taken pur - suant to Article 12C of the Town Law , and more particularly a reso - lution of the Town Board of the Town of Ithaca , Tompkins County , New York , dated April 23 , 1979 , and an approving order of the State Comptroller dated August 15 , 1979 , a water improvement known as the Stone Quarry - Pittman Lane - King Road West Water Improvement , has been established in and for said Town , and the construction of the proposed improvement has been authorized , and WHEREAS , it is now desired to provide for the financing of said improvement , NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . The specific object or purpose of the Town of Ithaca , Tompkins County , New York , for which the bonds herein authorized are to be issued , is the construction of a water improve - ment described in the preambles hereof , consisting of water mains , hydrants , valves and appurtenances and facilities to be constructed along Stone Quarry Road and West King Road to furnish municipal water facilities to the properties in the area determined to be benefited thereby , all as more fully described in the plan , report and map heretofore prepared in connection therewith , and filed in the office of the Town Clerk . Section 2 . The maximum estimated cost of the aforesaid specific object or purpose is $ 250 , 000 , and the elan for the financing thereof is by the issuance of $ 250 , 000 serial bonds of said Town hereby authorized to be issued pursuant to the Local Finance Law . 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 1 of paragraph a of Section 11 . 00 of the Local Finance Law . It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years and that such maximum maturity will not exceed twenty years pursuant to the aforesaid provisions had and taken in accordance with Article 12 - C of the Town Law . Section 4 . The faith and credit of said Town of Ithaca , Tompkins County , New York , are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable . There shall annually be assessed , levied and collected from the several lots and parcels of land within said Stone Quarry - Pittman Lane - King Road West Water Improvement , which the Town Board shall determine and specify to be especially benefited by the improvement , an amount sufficient to pay the prin - cipal of and interest on said bonds as the same become due , 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 limi - tation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due . Town Board .Minutes - 20 - September 10 , 1979 Section 5 . Subject to the provisions of the Local Finance Law the power to authorize the issuance of and to sell bond antici - pation notes in anticipation of the issuance and sale of the serial bonds herein authorized , including renewals of such notes , is hereby delegated to the Supervisor , the chief fiscal officer . Such notes shall be of such terms , form and contents , and shall be sold in such manner , as may be prescribed by said Supervisor , consistent with the provisions of the Local Finance Law . Section 6 . The validity of such bonds and bond anticipa - tion notes may be contested only if . 1 ) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money , or 2 ) The provisions of law which should be complied with at thedate of publication of this resolution are not substantially complied with and an action , suit or proceeding contesting such validity is commenced within twenty days after the date of publication , or 3 ) Such obligations are authorized in violation of . the provisions of the Constitution . Section 7 . This resolution , which takes effect immediately , shall be published in full in the Ithaca Journal , the official news - paper , together with a notice of the Town Clerk in substantially the form provided in Section 81 . 00 of the Local Finance Law . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows . Councilman Del Rosso VOTING Aye Councilman McElwee VOTING Aye Councilman Kugler VOTING Aye Councilman Powers VOTING Aye Councilwoman Raffensperger VOTING Aye Councilwoman Valentino VOTING Aye Supervisor Desch VOTING Aye The resolution was thereupon declared duly adopted . Supervisor Desch stated that the final resolution having to do with the water improvement and bonding of the five - area sewer project will create one bonding package and will hopefully result in a more favorable interest rate . Therefore , the bonding attorneys in New York have prepared a resulution which couples the two projects - - $ 250 , 000 ( Stone Quarry ) and $ 550 , 000 ( five area sewer project ) for a total of $ 800 , 000 and authorizes the Supervisor to proceed with a serial bond sale . BOND RESOLUTION - $ 800 , 000 STONE QUARRY ROAD AND FIVE AREA SEWER PROJECT RESOLUTION NO . 183 , 1979 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 10th day of September , 1979 , at 5 : 30 o ' clock p . m . , Eastern Daylight Saving Time . The meeting was called to order by Supervisor Desch , and upon roll being called , the following were �R Town Board Minutes - 21 - September 10 , 1979 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 ABSENT . None The following resolution was offered by Supervisor Desch , who moved its adoption , seconded by Councilman Powers , to -wit : RESOLUTION DATED September 10 , 19790 A RESOLUTION AUTHORIZING THE CONSOLIDATION AND SALE OF $ 800 , 000 SERIAL BONDS OF THE TO.WI%41 OF ITHACA , TOMPKINS COUNTY , NEW YORK , IN CONNECTION WITH CERTAIN SEWER AND WATER IMPROVEMENTS IN SAID TOWN . 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 authorized by a bond resolution dated August 12 , 1974 , to pay the cost of the con - struction of sewer improvements in and for the Town Wide Sewer Improvement Benefited Area in said Town , there shall be issued and sold only $ 550 , 000 serial bonds , which shall mature $ 27 , 500 in each of the years 1980 to 1999 , both inclusive , and shall be con - solidated with another issue of bonds of said Town as hereinafter authorized . 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 . Section 2 . The $ 250 , 000 serial bonds authorized by a bond resolution dated September 10 , 1979 , to pay the cost of the con - struction of a water improvement in and for the Stone Quarry - Pittman Lane - King Road West Water Improvement in said Town , shall mature $ 12 , 500 in each of the years 1980 to 1999 , both inclusive , and shall be consolidated with another issue of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific pbject or purpose is forty years , pursuant ' to subdivision 1 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from the date of the bonds , there having been no bond anticipation notes heretofore issued . Section 3 . The serial bonds described in the preceding sections hereof are hereby authorized to be consolidated for pur - poses of sale into one bond issue , aggregating $ 800 , 000 . Such bonds shall be designated substantially PUBLIC IMPROVEMENT ( SERIAL ) BONDS , 1979 , shall be dated September 1 , 1979 , shall be of the denomination of $ 5 , 000 each , shall be numbered from 1 to 160 , both inclusive , and shall mature in numerical order in the amount of $ 40 , 000 on June 1 , in each of the years 1980 to 1999 , both inclusive , with interest thereon payable on December 1 , 1979 and semi - annually thereafter on June 1 and December 1 . Such bonds shall bear interest at such rate as may be necessary to sell the same , which rate shall be de - termined 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 registered 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 30 Town Board Minutes - 22 - September 10 , 1979 Ithaca , New York , or , at the option of the holder , at the Morgan Guaranty Trust Company , 23 Wall Street , New York , New York , which by contract are the paying agents of the issuer . The aforesaid maturities constitute the aggregate of the individual maturities of each separate issue , which individual maturities are prescribed in the preceding sections hereof . 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 Supervisor . Section 4 . 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 5 . 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 affected in said Town , 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 limi - tation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due . Section 6 . 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 7 . 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 . Councilman Del Rosso VOTING Aye Councilman McElwee VOTING Aye Councilman Kugler VOTING Aye Councilman Powers VOTING Aye Councilwoman Raffensperger VOTING Aye Councilwoman Valentino VOTING Aye Supervisor Desch VOTING Aye The resolution was thereupon declared duly adopted . IMPROVEMENTS TO TOWN HIGHWAY FACILITY Mr . Fabbroni illustrated with sketch proposed landscaping for the Town Highway facility . The estimated cost is $ 2 , 500 , in - cluding site work . He said the work might include the construction of a fire pond . There was a question from the public as to whether the Town would be liable for the creation of an attractive nuisance ( the fire pond ) . The Supervisor said he thought the Town would be covered by insurance for this and that the fire pond might result in a slight decrease in the Town ' s fire insurance rate . Town Board Minutes - 23 - September 10 , 1979 SALT STORAGE BUILDING Mr . Fabbroni recommended the construction of a pole barn 50 ft . by 64 ft . , to be constructed of penta treated posts , a con - ventional pole barn . It would be completely of wood construction with a truss roof , 25 pound shingles . This is Mr . Fabbroni ' s alterna - tive to the original plan to build a galvanized type building . The pole barn will provide more storage area with a life of about 50 years . He said his proposal is to build such a pole barn with the Town ' s own forces and bid the materials as needed . He said the building could be put up for approximately $ 10 , 000 . It was agreed that in October Mr . Fabbroni will present more detail with regard to the proposed pole barn construction .. and a budget for same . TOWN OF ITHACA WARRANTS RESOLUTION NO . 184 , 1979 Motion by Councilman McElwee ; seconded by Supervisor Desch , RESOLVED , that the Town of Ithaca warrants dated September 10 , 1979 in the following amounts are hereby approved for payment . General Fund - Town Wide . . . . . . . . . . . $ 361650 .65 General Fund - Outside Village . . . . . . 5 , 272 . 30 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . 15 , 758 . 69 P ark s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 , 18 5 . 3 6 Water and Sewer Funds . . . . . . . . . . . . . . 87 , 186 . 90 L i g ht i n g . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 7 0 (McElwee , Kugler , Powers , Valentino , Raffensperger , Del Rosso , and Desch voting Aye . Nays - none ) BOLTON POINT WARRANTS RESOLUTION NO . 185 , 1979 Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that the Bolton Point warrants dated September 10 , 1979 , after review , and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , are hereby approved in the amount of $ 516 , 425 . 86 in the Operating Account . ( Kugler , Valentino , Raffensperger , Powers , McElwee , Del Rosso , and Desch voting Aye . Nays - none ) ADJOURNMENT The meeting was duly adjourned . Goes Ed L . Bergen Town Clerk i