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HomeMy WebLinkAboutTB Minutes 1981-07-13 TOWN OF ITHACA REGULAR BOARD MEETING July 13 , 1981 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 13th day of July , 1981 , there were PRESENT : Noel Desch , Supervisor Victor Del _ Rosso , Councilman George Kugler , Councilman Shirley Raffensperger , Councilwoman Dooley Kiefer , .Councilwoman Henry McPeak , Councilman ABSENT : Marc Cramer , Councilman ALSO PRESENT : Edward A . Mazza , 102 Burleigh Drive Beverly Livesay , Board of Representatives Elsie Sheldr_ a.ke , 806 Elmira. Road Eleanor L . Sturgeon. , 718 Elmira . R.oad- R . James Miller , 319 . N . Aurora Street Montgomery May ,, 1360 Slaterville Road. Philip S . Winn , 225 Bryant Avenue Martha Bell ,. 614 Elmira Road Thomas G . . Bell , 614 Elmira Road Opal W . Sprague , 817 Elmira Road David Sprague , 817 Elmira Road. Bob Mulvey , 519 East Buffalo Street Ruth H . Michener. , 1529 Mecklenburg Road Robert E . Michener , 1529 Mecklenburg Road. Mildred Eddy , 544 Bostwick Road Stephen Eddy , 544 Bostwick Road. Carolyn Miller , 823 Elmira Road. Robert Miller , 823 Elmira Road Ruth Royce ,. . 231 Enfield Falls Road. Alfred Eddy , R . D . # 5 , Ithaca Karen Arnold , 1967 Elmira Road Elsie McMillan Peterson , 812 Elmira Road Lucille Brink , 706 Elmira Road. Millard Brink , 706 Elmira Road, Tom McGuire , 635 Elmira Road Ron Kerfoot , 240 Piper Road , Newfield Ruth Mahr , 103 Judd Falls Road. Joel Si_ lbey , ' 105 Judd Falls Road. Helen Blauvelt , Town Historian. Lawrence Fa.bbroni. , Town. Engineer Representatives of the Media : Mary Earle , WTKO Jane Weldman. , Tv%7HCU Don Ross , Ithaca. Journal PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS SUPERVISOR ' S REPORT Supervisor Desch stated that there were two subject areas, that he was particularly pleased to be able to report , the achievement of a major milestone which will have a very significant positive Town Board Minutes - 2 - >: July 13 , 1981 benefit to our Townspeople for many decades to come . The first subject is continued success in the identification and preservation of : our critical historical records . We are fortunate to have located the original book of minutes of the Town . dating from April 1821 , . at which time the City was a village within the Town . The book includes many of the street surveys now in the City . The book is in excellent condition as you can see , and this is due to the tender care provided during it ' s temporary residence with the firm of Williamson , Mazza & Clune . Our Town Historian tells me that is was quite common for such records to be kept in the homes of the Town Clerks or in the legal offices , in the event that was the most secure place . Supervisor Desch then turned the meeting over to Helen Blauvelt , : Town Historian , Town Historian . Helen Blauvelt went onto say that the Commissioners of Highways formed the Town into Road Districts and surveyed and laid road at the request of citizens and the State : 71 original surveys of Ithaca roads are recorded in this book . The homes of early Ithaca= citizens are often landmarks in these early surveys . There are numerous surveys of alterations to. . roads Appeals of citizens to the Court of Common Pleas protesting roads which cross their land or . asking that a road be discontinued or recorded . Domestic animals grazed freely in the public streets of Ithaca . Each animal was supposed to bear the " sign " of its owner . This was often a clipped ear . Rams , stud horses and swine grazing in the streets created problems , and efforts were made to prohibit them . In later years fines were imposed on. their owners . . A resolution of the second Annual Meeting imposed a penalty of five. dollars upon any farmer who let Canada thistle grow on . ihis farm . I do not find zeports of the Pound Master , early jails or stockades , but Constables resigned almost as fast as they were elected or appointed . The Ithaca Town Record Book begins on April 3 , 1821 and ends April 2 , 18520 It gives a picture of the development of the Town of Ithaca as recorded by . elected Town officers . There was an annual meeting of the Freeholders ( property -. owners ) and inhabitants of the Town of. Ithaca . The officers of the Town were elected . and resolutions voted upon . Unless a special meeting ofithe Town was necessary , the Town Board did not meet again till the end of the year when bills against the Town were audited and paid . The elected officers fulfilled their responsibilities and recorded their reports in the Town Record Book . This is the book being returned to us . This did not include tax assessments and rolls . Detailed accounts of all. elections are in this book . The development of Ithaca Common Schools and school districts are shown in reports of the Commissioners of Common. Schools , the Inspectors of Common Schools and Trustees of the School and Gospel Lot . . The reports of the overseers of the poor show an interest in economy . Mrs . Blauvelt introduced Mr . Edward Mazza who presented the Minute Book to Supervisor Desch . Mr . Mazza stated that it was with great pleasure that I return this Town Board Minutes - 3 - July 13 , 1981 missing record to the Town . It is being given by my father , Bruno Mazza , and myself . However , it was my father who preserved the book all these years . Supervisor Desch thanked Mr . Mazza and went on to say that we are looking into various options to reproduce this document so that its contents may once again be a valuable resource for our Townspeople . In our revenue sharing proposed use , we may wish to consider an extensive program to microfilm such precious documents . . In recognition of their efforts we should erect a suitable plaque noting the care with which the firm of Mazza , Williamson and Clune preserved the document on behalf of the Town of Ithaca . This also . points to the urgency of the need to move ahead with the electrical and fire safety improvements , in the Town Hall , to be discussed later in the agenda . Supervisor Desch went on to say the second subject or his report is the construction of the 30 million dollar Wastewater Treatment Facility now entering into the detailed design phase . The City has agreed in principal with us , that the joint ownership approach is the best solution for all who will use and benefit. fr.om this improvement . This no doubt will be the largest capital project to be built by local municipalities for many years to come . We have actively pursued this objective - for the past three years but studies were actually initiated as long ago as 1.973 . We now are addressing the details of operational arrangements , such . as the duties of the sewer board ; budget preparation process , etc . , and we hope soon to have the first formal agreement completed before the end of the . calender year . Such agreement will be amended to reflect actual rate structures and capital costs after construction is underway . It is important now to get the sewer board in place so that the various timetables can be addressed on an optimal basis . The federal aid picture is not clear and," ; t.he priority of our project falls below New York City and Binghamton . As you recall , we have evaluated the desir_ eabilixy of changing from the State Plan to the Central N . Y . Blue Cross / Blue Shield Plan . Some concern has been expressed that a number of hospitals in our area have either withdrawn from membership or are contemplating same . We now have a proposal from Mutual of Omaha which indicates a broader base of membership but is also more expensive . The State legislature is also considering a bill to separate upstate and downstate experience from Blue Cross / Metropolitan rates . We , in my judgement , should not be too hasty to switch to a different . plan . They are all expensive and the Town picks up 100% of the monthly cost . TOWN ENGINEER ' S REPORT Town Engineer Larry Fabbroni noted that the work on the Cliff Street Pump Station was proceeding . The old pump from the Rid. gecrest tank has been installed and working for ten days . The pump above the Cliff Street Pump Station can now be dismantled. and put in its proper place . He stated that the Dewitt Park storm retention. area had been grubbed out and vegetation moved . The remainder of the brush and shrubs have either been cut or removed . The large earth moving equipment will arrive on Wednesday . He went on to say that Salem Park was 50 % completed . The CETA help is on board , they are a very enjoyable group of kids . _ The b-ikeway from Maple Avenue to Honness Lane is ready to be oiled and stoned . . . Road paving will begin next Monday . Contracts for the Northeast Transit summer service have been signed . Town Board Minutes - 4 - July la , 1981 The fall service contracts should be ready for the Board ' s approval in August . We are on the standby list for. priority # 1 , ARC . for TO1TTRAN . - Tompkins - " Countv:- .had - several g rant: proposals in this year The Town Engineer noted that the East Ithaca Circulation technical committee was incorporating changes in the report and hopefully the report would be available by the middle of. next week so that Board action could be taken on July 270 BOARD OF REPRESENTATIVES REPORT County Representative Beverly Livesay asked if the Board had been kept up to date on the reapportionment ? Supervisor Desch stated that he was a consultant on the. Re - apportionment Board and had . kept the Town Board up to date on all happenings , Mrs . Livesay stated that Harris Dates had been asked by the State for ten names for the local draft board . Councilman McPeak asked if this was a voluntary position as - it was in World War II ? Mrs . Livesay answered yes . Mrs . Livesay said that the County did an evaluation study of the County Youth Bureau . The report is now available to the Committee . , She went on to say the next big project was to get the elevator moving . Mrs . Livesay does not feel the cost was out of sight . The total cost of the elevator was not the cost of the whole project . . Mrs . Livesay stated that the County Board will be dealing with some very important , issues and she felt the Town of Ithaca Board should be interested in what was going on and make their input felt on the County level . She mentioned the TC3 budget and a company who wished to advertise at the County Airport . Also , the old hospital building which Town money is going into . Infact , she mentioned that the money going into the old empty hospital could fund TC3 . Supervisor Desch asked Mrs . Livesay if a resolution on the de - regulation of natural gas had come before the Board of Reps yet ? Mrs . Livesay said no . PREFERENTIAL ACQUISITION RIGHTS TO ABANDONED CONRAIL PROPERTY Supervisor Desch stated that he . was in receipt of the formal request for release of the preferential rights to the abandoned railroad property of Conrail .. The property commences . at Milepost 304 . 32 ( Stone Quarry Road ) to . Milepost . 306 ( Knights Crossing ) . The City of Ithaca and the Town of ` Ithaca would each purchase . their portion . The Town of Ithaca could us.e . their . .por. tzozr for a storm water interception system from Stone Quarry Road to Buttermilk Falls State Park , a sanitary sewer easement and the entire portion for a recreational trail . Councilman Kugler asked if the right - of - way was roughly 60 feet wide ? Town Engineer Fabbroni answered. , 66 feet wide . RESOLUTION NO . 105 Motion by . Supervisor Desch ; seconded by Councilman McPeak , Town Board Minutes - 5 - July 13. , 1981 RESOLVED , that the Town Board of the Town of Ithaca hereby states its intention to exercise its preferential rights to acquire the portion of the property , in the Town of Ithaca , from the abandoned Conrail railroad property from Milepost 304 . 32 ( Stone Quarry Road ) - to Milepost 306 ' ( Knights Crossing ) and to so inform the New York State Department of Transportation of its intentions . ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye . Nays - none ) . WATER IMPROVEMENT PLAN Supervisor Desch stated that the update on the water improvement plan was basically an expansion of the document presented last year . However , now it should be considered on a phased basis as the Coddington Road area residents are interested in extending water to their area as soon as possible . Therefore , the engineering study should phase the Coddi.ngton . Road area relatively early . Other areas -to be considered are the West Hill , Glenside Road which is a problem area because of the 6 " line . Part of the line has been replaced , however. , it is still inadequate . He questioned . . the .. possib'illity , of'- 1.aoptig to Coy Glen . He went on to say the Trumansburg Road , Woolf Lane area needs water . As Ithaca College continues to grow . ald. use more water a loop to the Danby Road should be considered . East State Street area could be lumped together with other improvements . . . Maple Avenue is marginal on fire protection . Also , the area of Forest _ Home being serviced by Cornell could be picked up . The Supervisor stated that he had - received a lot of phone calls in the past two - weeks asking for water . Councilwoman Raffensperger asked Supervisor Desch If he had an estimate of the cost of the engineering study . . Supervisor Desch said no , he did not know what the cost would- be , somewhere between ten and fifty thousand dollars he suspected . Supervisor Desch stated that the Board decided , last . year , ' to hold off for one year to see how water revenues came in during 1981 . He stated that there will be a surplus in, the water revenue account at the end of the year . RESOLUTION NO . 106 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , WHEREAS , the Town Board in September of 1980 reviewed a 5 year plan to upgrade the reliability , efficiency and capacity of the water distribution system network in the Tovn� of Ithaca , and. WHEREAS , the water improvement plan indicated the crucial timing of several of the improvements and suggested that the Town retain a consulting engineer to prepare a preliminary engineering design report in the summer of 1981 , and WHEREAS , the 1981 objectives established by the Town. Board indicated the schedule of September 1981 to retain engineers for such studies , and WHEREAS , a number of property owners in the Town , in response to the Town of Ithaca April 1981 Newsletter , have expressed a critical need for public water , NOW THEREFORE BE IT RESOLVED , that the Town Supervisor be authorized to obtain proposals from engineering firms to perform the services identified in the enclosed request for proposal . Town Board Minutes - 6 - July 13 , 1981 ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting. Aye . Nays - none ) . SEWER CONDENMATION RESOLUTION NO . 107 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Attorney to obtain real estate appraisals to provide access for sewer service to 115 Mc Intyre Place . ( Desch , Del Rosso , Kugler , Raffensperger . , Kiefer and McPeak voting Aye . Nays - none ) . TOWN HALL ELECTRICAL SYSTEM UPGRADING Supervisor Desch stated that the bids for the upgrading . of the electrical system in the Town Hall had come in within . the amount he had in mind . The project can be financed by Federal Revenue Sharing , Revenue Anticipation Note or by building . it into the operating budget . A base bid of . $ 9 . 680 was received from Madison Electric and --' a base :bid . of $ 9 . 492 from Norton Electric .. Madison Electric bid $2 , 200 for Alternate # 1 and Norton Electric bid `$ 2 , 850 for Alternate # 1 . RESOLUTION NO . 108 Motion by Supervisor Desch ; seconded by Councilman Del Rosso. , . RESOLVED , WHEREAS , on July 8 , 1981 , bids were received for the upgrading of the Town of Ithaca Town Hall Electrical System , for the Town of Ithaca , New York , and WHEREAS , the Town Board has carefully considered the Engineer ' s Report on these bids and has adopted a budget for said project , NOW THEREFORE BE IT RESOLVED , that the award be made of contracts . for upgrading to the following : Norton Electric Company , Inc . for the contract sum of $ 9 , 492 . 00 as submitted. in the bids and contract documents . This Resolution is subject to compliance by the Contractor in furnishing all documents and items required by the bid and contract documents to the reasonable satisfaction of the Town representatives and subject to proper execution of all required documents by . the Contractor and by the Town Supervisor and subject to compliance with all applicable law . ( Desch , Del Rosso , Kugler , Raffensperger Kiefer and. McPeak voting { Aye . Nays - none ) . POSTPONEMENT OF SEWER CONNECTION - CHARLES R . PETTIS RESOLUTION NO . 109 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , WHEREAS in 1974 ) Charles R . Pettis , III of 332 Forest Home Drive installed a complete new septic system , and . . f . . . . p • LJv".'a I! d 3 1 Z+. ' .�yw. t. . Town Board Minutes - 7 - July 18 , 1981 WHEREAS , Mr . Pettis has requested that the Town of Ithaca grant him an extension of time to recoup the investment made in a new sewage system before hooking up to the sewers , NOW THEREFORE , BE IT RESOLVED that the Town Board of the Town of Ithaca hereby grants a one year extension. to Charles R . Pettis III , to July 1 , 1982 , by which to connect the above property to the municipal sewer system but only so long as the present system on the property continues to operate during the extension period in a manner reasonably satisfactory to the Tompkins County Health Department , but subject to the further requirement that such connection shall be made prior to July 1 , 1982 , if his system shall fail to operate properly and the Tompkins County Health Department requires that the property be connected to the municipal sewer system , and FURTHER BE IT RESOLVED , that the extension be limited to the present owner . ( Desch , De1 . Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye . Nays - none ) , POSTPONEMENT OF SEWER CONNECTION - GEORGE PIERRO RESOLUTION NO . 110 Motion by Councilwoman Raffensperger ; seconded by Councilman Kugler , RESOLVED , WHEREAS it appears that Mr . and Mrs . George Pierro were sold the premises at 1549 Slaterville Road without knowledge of the Town of Ithaca July 1981 deadline for hookup to the municipal sewer , and WHEREAS ; a connection by March 1984 would allow three years from date of possession by the Pierros and is consistent with time allotted other property owners to hookup , and WHEREAS , the expense of 125 feet , more or less , of service line from property line to house connection is among the longest service lengths in the Town , NOW THEREFORE BE IT RESOLVED , that the Town. Board. of the Town of Ithaca hereby grants an extension to March 1 , 1984 to Mr . and Mrs . George Pierro to comply with the requirements of connecting to the municipal sewer system but only so long as the present system on the property continues to operate during the extension period in . a manner reasonably satisfactory to the Tompkins County Health Department , but subject to the further requirement that such connection shall be made prior to March 1 , 1984 , if the system shall fail to operate properly and the Tompkins County Health Department requires that the property be connected to the municipal sewer system , and FURTHER BE IT RESOLVED , that the extension be limited to the present owners . ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye . Nays - none ) . MODIFICATIONS TO WATER AND SEWER BENEFIT FORMULA Supervisor Desch stated that Mr . & Mrs . Michael McManus paid the water benefit charges of $ 600 . 00 under protest on their 1981 Town and County Taxes , for property on Compton Road . They own large acreage with the nearest water line being on Ridgecrest . However , they are paying the benefit formula as though the frontage of their property contained the water lines , which infact , are a long distance from their property and access to the line must be obtained Town Board Minutes - 8 - July 13 , 1981 through the Chase property . _ Supervisor Desch stated that there were very few areas in the Town with this problem , therefore , the level . o.f reduction is consistent . RESOLUTION NO . 111 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing to adopt amendments to the Water and Sewer Benefit Formula at 7 : 00 P . M . , on July 27 , 19810 ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye Nays = none ) . PERSONS TO BE HEARD County Representative Beverly Livesay stated that she felt a highway safety island should be constructed on the Elmira Road at Bell ' s Grocery by . the Millbrook Bread Store because of the turn , people do not realize the lay of the road until they. a.re right upon the . turn . Also , . the bottom of ' Snyder Hill by Pine Tree. Road , . it is not clear who has the right . of way . She felt a " Yield " sign might help . CABLE TV Councilwoman Kiefer stated that the County Cable Committee was scheduled to meet in July , however , the meeting had been postponed until August . HIGHWAY SUPERINTENDENT ' S CONFERENCE RESOLUTION NO . 112 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board . of the Town of Ithaca hereby authorizes the- Highway Superintendent: , Robert Parkin to attend - - - the 50th Annual Highway Superintendents Conference at Kutchers County Club , September 15th through 18th , ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and . McPeak voting Aye . Nays none ) . CERTIFICATE OF MARRIAGE REGISTRATION RESOLUTION NO , 113 Motion by Counr_� ilman Del Rosso ; seconded by . Counci_ lman Kugler , RESOLVED. , that the Town Board of the Town of Ithaca hereby authorizes the ToU� L Clerk to charge $ 3 : 00 for the Certificate of Marriage Registration , this being inaddition to the $ 5 . 00 being charged for the Marriage License . ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye . Nays - none ) . Town Board Minutes - 9 - July 13 , 1981 WATER BILL REFUND RESOLUTION N0 , 114 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 1 . 06 be made to Summerhill , c / o Joseph Bayron , Apt . 28 , 1026 Ellis Hollow Road , Ithaca , New York by reason of an overpayment on the total outstanding water bill . . Account No . 169 - 0154272 . ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye . Nays - none ) , STREET OPENING PERMIT REFUND RESOLUTION N0 , 115 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , WHEREAS the Town of Ithaca Highway Superintendent has approved of the refunding of $ 100 . 00 for a . Street Opening Permit issued to Over and Under Piping Contractors , Inc . , and WHEREAS , Judd Falls Road has been. restored to his satisfaction , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town . of Ithaca hereby approves a refund in the amount of $ 1. 00 . 00 deposited . by Over and Under Piping Contractors , Inc . , for the Judd Falls Road Street Opening Permit . ( Desch , Del Rosso , Kugler , Raffensperger, Kiefer and McPeak voting Aye . Nays - none ) . DEREGULATION OF ' NATURAL GAS Supervisor Desch stated that he felt the Town Board should take a stand , on behalf of the Town ' s people , against. the deregulation of natural gas . No action was taken . PUBLIC HEARING TO CONSIDER THE REZONING OF THE ALFRED C . EDDY PROPERTY LOCATED ON THE ELMIRA ROAD Proof of posting and publication notice of a Public Hearing to consider the rezoning of the Alfred C . Eddy property located on the Elmira Road , Parcel No . 35 - 1 - 10 , 1 from R- 30 to Business Use , . having been presented by the Town Clerk , the Supervisor opened the Public Hearing , James Miller stated that he was attorney for Mr . Eddy . Mr . Miller stated that Mr . Eddy had operated a fruit and. vegestable stand for twelve months . He felt basically there was an interpretation problem regarding farm produce not specifically grown on the farm . He asked the Board for a rezoning on this property to change the zoning from R - 30 to Business . Mr . Miller stated that Mr . Eddy had collected 500 signatures on a petition in favor or the rezoning . Only about twelve people were opposed to the rezoning , he noted . Mr . Miller further noted that the property has sufficient parking area With two access driveways . The location is ideally suited for commerical use , according to Mr . Miller . Supervisor Desch read the recommendation of the Planning Board which noted that the request of Mr . Eddy for the rezoning of a Town Board . Minutes - 10 - July 139 1981 portion of land 300 ' along the Elmira Road and 500 ' deep be denied . Supervisor Desch noted also , that the Zoning Board of Appeals was considering the appeal . Carol Miller of 823 Elmira Road stated that when she moved to the . . area six years ago , the property to the south was undeveloped . She , at that time , did not expect to ever have to go before any boards to preserve the residential area and protect it against commercial development . Ms . Miller asked the Board to check the names on the petition that Mr . Eddy ' s attorney spoke of . She went . on to say that traffic was very heavy in this area . and the accident rate was very high . She felt that opening a little strip of land for commercial use would create more accidents and that the area should be preserved . and protected as a little green strip . Mrs . Elsie Peterson of 812 Elmira Road stated that she felt the number of signatures on the petition was irrevelent , as she felt . the residents of the area were the people who had the most at stake , . not the people who drive by . She went on to say that she had nothing . against Mr . Eddy , however , once the zoning is changed a lot of bad things could go in ' this area . Eleanor Sturgeon , 718 Elmira . Road stated she came to this area 27 years ago and found a place in Inlet Valley. . It was a very lovely place . All the neighbors were farmers . It has always been a lovely place . She stated that she would like. to see the valley remain green . Many people living in the area are senior citizens and they have invested as much in their places as Mr . Eddy has put in his . ._ Mrs . Sturgeon stated that she had watched the Miller ' s house being built and she felt it added to the green valley . She further stated that ther.E were not many lovely places around and that the area should be kept a beautiful green valley , not a commercial valley . , Ruth Mitchner of Mecklenburg Road stated that Mr . Eddy had put a lot of work and money in his place . She stated iz1 fact , Mrs . Millers daughter worked for Mr . Eddy . Mrs . Mitchner went on to say that people enjoy Mr . Brink ' s maple syrup and the Sheldrake ' s plants , however , no one complains about these . She asked , why and where were these people when Mr . Eddy put up the building , why did they not complain then instead of waiting until he had invested a lot of money . Robert Miller , 823. Elmira Road noted that his property was next to the Eddy property . Mr . Eddy started his business selling fruits and . vegestables off a wagon , however , things were different now with the building . Mr . Miller went on to say that when he moved there , we knew the area was zoned R - 30 . Mr . Eddy knew the area was zoned R- 30 . Robert Mitchner of Mecklenburg Road stated that he saw no harm in Mr . Eddy selling other things besides farm produce . He was not a factory which hired 1500 people . Mr . Mitchner noted that McGuire Gardens was selling dog food . He stated that he did not see what dog food has to do with seeds . He went on to say he did not see what the big issue is . The restaurant has a different zoning . Elsie Sheldrake , 806 Elmira Road stated that the various competitors had never complained and that she did not understand why Mr . Eddy ' s lawyer seemed to be picking on her . Mrs . Sheldrake went on to say that for twelve years Mr . Eddy sold produce that he grew , just like the rest of us . Now , his plans for the future are questionable . The cooler that he installed Town Board Minutes - 11 - July 13 , 1981 is certainly not for selling vegestables . Give him an inch and he will take a mile . He is already selling items that are not allowed . Millard Brink of 706 Elmira Road stated that all were in friendly competition when Mr . Eddy ran his road side stand . All produce was grown locally , then Mr . Eddy started going to Syracuse to purchase produce and commingle with local produce . His strawberries came from 250 miles away . Mr . Brink went on to say that Mr . Eddy has tied a ' wholesale business . to his road side stand business and we can no longer be in friendly competition . Mr . Eddy is in violation and now he is trying to justify his being in violation . I am very much against any variances for the Eddy property . Mr . Brink further noted that the chicken shack was constructed without a permit . Ron Kerfoot , 240 Piper Road stated that . he had been employeed by Mr . Eddy for. ten months . He noted that there must be a demand for produce , as Mr . Eddy had been in business for 15 years . He went on to say that he would like to answer a couple of questions of the previous speakers . . As far as locally grown produce , everyone knows that oranges are not grown locally . And regarding the comment on the large cooler , the cooler is for storage of potatoes and apples . David Sprague , . 817 Elmira Road stated that he hated to see a change in the zoning . If one person can get the area rezoned for his business , then Mr . Sprague stated that he would like :, to, have hi.s land rezoned for business also , as he has 1 , 100 feet of frontage . He questioned why someone had not investigated the violation sooner . Mr . Alfred Eddy stated that people were afraid of him . The Sonny Gables Farms owns 100 acres of waste land on the side hill . Lumber is being taken off the hill side and nobody is complaining about it . Mr . Eddy went on to say that his property was assessed for $ 112 , 300 and that he needed a few more items to sell , however , he did not want a grocery store . Mr . Eddy stated that he was only a farmer . He was only asking for soda pop and milk . He asked the entire board to come out and look his place over . Supervisor Desch stated that the Board should look at the recommendations of the Planning Board and the Zoning Board of Appeals along with the implications of rezoning the areas for business . Eleanor Sturgeon stated that Mr . Eddy had leased a piece of land foie a chicken barbeque and that she would not like to see this stand operated , s even days a week Ms . Peterson noted that if the land were rezoned , like Mr , Eddy had requested , and then Mr . Eddy should sell the land then any number of different business could go in a commercial zone . Stephen Eddy stated that the land the chicken barbeque was located on was leased , however , they were receiving no money from the chicken stand . Town Attorney James Buyoucos stated that he did not want to discuss the merits or demerits , as the Town Board has no jurisdiction over the Board of Zoning Appeals . The next step would be the Supreme Court , Mr . James Miller stated that Mr . Eddy had always operated in good faith . He was never informed by the Town that he was operating I llegally . He further stated that Mr . Eddy had always tried to comply . Supervisor Desch duly closed the public ', hearing .and , : asked the Board what their pleasure was ? Town Board Minutes - 12 - July 13 , 1982 Councilman McPeak stated that he was not comfortable in making a decision tonight . Councilwoman Kiefer asked if the environmental assessment form was available for the Board to review ? Supervisor Desch answered , yes . Supervisor Desch stated the decision on the rezoning would be adjourned until the members of the Board review all pertinent material . PUBLIC HEARING TO CONSIDER THE ADOPTION OF . PROPOSED AMENDMENTS TO THE ZONING LAW Proof of . posting and publication notice . of a Public Hearing to consider the- adoption of proposed amendments to the Zoning Law having been presented by the Town Clerk , the Supervisor opened . the Public Hearing , Supervisor Desch stated that P - 1 and P - 2 zones . were now being reviewed by the Town Attorney with Cornell on development of thresholds . Shirley Egan noted that the last two sentences of the Preamble would have an adverse effect on adjacent property and it also might not be legal . Site Plans , on Page 62 , she felt it would be silly to require these at this stage , saying it would be too late in the game . She felt that schematic drawings could be presented first . Supervisor Desch stated that schematic drawings will not . let. you make a sound judgement . He felt the wording In . the zoning ordinance was quite reasonable . Town Engineer Fabbroni noted that Ithaca . College present complete plans before bidding . He further stated that, Ithaca College , as an example , come in with complete site plans and schematic drawings . Mechanical drawings are submitted prior . to bid letting . Councilwoman Kiefer question schematic drawings . Supervisor Desch stated that schematic drawings were to broad for defining in the zoning law . Shirley . Egan questioned Section VI in the Preamble , saying the re4Eerence to Institutional Use in the P - 2 zone , the use .of the word control seems like an obligation to . limit , the word -regulate seems more natural , Special Permit is controlled , should ' be regulated . - She questioned the use of the word. character . The Town Engineer noted that " character " cou1d be " arch. itect . " Town Attorney Buyoucos suggested character would be offensive or agressive . Even the wording of the Constitution. , it takes years to determine the meaning of a word . A P -. 2 zone is a. new zone which allows. same uses , but creates a review process . Y Ms . Egan questioned the distance of thresholds . Town Engineer Fabbroni stated that he felt there was a need to review the whole ordinance in this context . Supervisor Desch suggested that the Board take a more detailed look at Conservation areas , and discuss them at a later date . RESOLUTION N09 116 Town Board Minutes - 13 - July 13 , 1981 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 00 p . m . , on July 27 , 1981 to consider proposed amendments to the Zoning Law . ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye . Nays - none ) . EAST ITHACA CIRCULATION RESOLUTION N0 , 117 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 45 p . m . , on July 27 , 1981 to consider the East Ithaca Circulation Study . ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION N0 , 118 Motion by Supervisor Desch ; seconded by Councilman Del Rosso , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated July 13 , 1981 , in the following amounts : Water and Sewer Fund . . . $ 371 , 227 * 76 General Fund - Town Wide . . . . . . . . . . . . . . . . 47 , 698216 General Fund - Outside Village . . . . . . . . . . . . . . . . . . 7 , 474 . 67 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 , 255 . 61 Lighting Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222013 Fire Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 , 910 . 50. Parks Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 . 40 ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer_ and McPeak voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 , 119 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Bolton Point Warrants dated July 13 , 1981 , in the Operating Account are hereby approved , in the amount of $ 53 , 895 . 80 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission they are in order for payment . ( Desch , Del Rosso , Kugler , Raffensperger , Kiefer and McPeak voting Aye . Nays - none ) . TOWN STAFF LEVELS FOR 1981 Supervisor Desch stated that further analyses of the Town Staff levels was needed and a meeting would be scheduled at a later date . I Town Board Minutes - 14 - July 13 , 1981 ADJOURNMENT The : meeting was. duly adjourned . To Clerk