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HomeMy WebLinkAboutTB Minutes 1983-03-07 TOWN OF ITHACA REGULAR BOARD MEETING MARCH 7 , 1983 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 121 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . j . on the , 7th day of March , 1983 , there were : PRESENT : Noel Desch , Supervisor ® George Kugler , Councilman . Shirley Raffensperger , Councilwoman Marc Cramer , Councilman ® Henry McPeak , Councilman Dooley Kiefer , Councilwoman David Jennings , Councilman ALSO PRESENT : James Buyoucos , Town Attorney Robert Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Peter Lovi , Town Planner PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Annual Report Supervisor Desch stated that he was pleased to report that we were successful in filing our Town Annual Financial Report on time to Audit & Control , in spite of our shortage of bookkeeping staff . This would not have been possible without the persistence of Sally Alario and Jean Swartwood , considerable help from Connie Allen and Deputy City Dominick Cafferillo . A copy is on file for review by anyone interested in the details . Our task was made more complex by the new forms that were set up by the State . Association of Towns Meeting The Supervisor went on to say that he would like to thank the Town Board for sending Montgomery May and himself to the 50th meeting of the Association of Towns . The sessions were lively and informative and the Business Meeting , in ® particular , was anything but its usual dullness ; he said he would be providing a written report . The new Secretary of State Gail Shaffer has already gained the respect of her staff and many colleagues in Albany . Her remarks made it clear that she will be responsive to the upstate areas , particularly the little communities . He commented that of the various issues voted upon , only Tier III conversion reford didn ' t pass . Councilwoman Kiefer asked how he voted inregard to the Taylor Law item ? Supervisor Desch stated that he voted ' yes ' and it passed ; he noted that they could not separate binding arbitration ( which applies to police and firemen ) from agency shop ( which applies to all ) . Town Board Minutes - 2 - March 7 , 1983 SJS Meeting A special meeting of the Special Joint Subcommittee will be held at 7 : 30 P . M . , tonight on the Ithaca - Sewer Project . The design documents have been available for local review for approximately six weeks and are to be submitted to DEC for review by March 21st , following approval by SJS and BPW this week . The preparation of all the other documents are on schedule and the deadline for STEP III filing for the Treatment Plant Project of June 30 , 1983 , will be met . ® Bill J . Manos Project ® Supervisor Desch called attention to the agenda item having to do with the Manos project . Although the rezoning was approved at our February meeting , we need to set a public hearing to consider adoption of the final resolution with regard to the conditions of approval and relationships with the original rezoning of Beacon Hills , The Town Attorney will report on this later . He stated that he was thinking about a noon meeting on March 21 . The particular matter is of routine nature and will not take very long to consider . BOND SALE The Supervisor reported on the matter of the upcoming bond sale . The bond resolutions will be ready for adoption at the April meeting . He reminded everyone that at an earlier meeting Councilman Jennings suggested we make the principal payment in June rather than in January to give us a better cash flow position ; he stated that he had investigated this , and the funds are available to do this . A revised maturity schedule is being circulated for your consideration . Supervisor Desch announced that our BANS on the South Hill Water project ( the ones that will not be sold ) have been renewed at 6 . 75 % for the year compared to 9 . 5 % a year ago . TOMPKINS COUNTY EOC The . Supervisor noted that the Town has been asked by the Chairman of the Human Services Committee of the County to ascertain if someone from the Town would be interested in serving on the Tompkins County EOC . Henry Aron has expressed interest and filled out the nomination form so you may wish to consider action on that this evening . Councilwoman Kiefer asked if the Supervisor ' s December 1982 the year end budget - was available yet ? Supervisor Desch said not yet . ® Town Engineer ' s Report Town Engineer Lawrence Fabbroni reported that the Northeast Transit ridership for February was 9 , 200 plus , which is the biggest monthly total so far , 11000 over normal peak ridership . He went on to say that forecasts look good on the long range ridership , even with the decrease in gasoline prices . It seems to be more a choice of the residents to ride the bus , plus the factor of the number of cars in the family , as well as the reasonable fare rates . The Engineer went on to say that the play structure for Tareyton Park is being installed .today . Town Board Minutes - 3 - March 7 . , 1983 We are looking into different softwate packages for the computer . The system offers a vast number of useful options . Mr . Fabbroni stated that the Town Planner , Peter Lovi , wished to attend a conference at the University of Illinois , however , the cost is a . sizeable amount of money . Mr . Lovi will discuss the conference - later in the meeting . The Burns Road project is at the point of submitting the ® preliminary design plans to the City of Ithaca BPW ; there may be a land swap , then the plans will go to the Town Planning Board . The project involves a simple relocation . We will wind up with half the road we have now . Completion ® of the County ' s realignment of the bridge is scheduled for 1984 . He stated that he had been in contact with the State DOT regarding the Burns Road intersection with Route 79 . DOT saw the merits of the suggested realignment versus attempts to improve the existing one . He noted that he had written to DOT over a year ago about new drainage work , in terms of safety , for Pine Tree Road . Signage for Honness Lane and water improvements on Honness Lane could be done the same time DOT does the ,drainage improvements . We were promised a meeting would be held to discuss this issue in detail and it should take place in the next few weeks . Town Engineer Fabbroni went on to say that the staff had been involved with the Planning Board and the Zoning Board of Appeals over a 6 - part subdivision review of lots owned by William Franzen ,. at the end of Eastern Heights . This subdivision was approved 15 years ago , now it is being updated and the plans are to go ahead with the subdivision . Site plans have been approved and a variance was given for a self - service gasoline and convenience store on Danby Road near the Coddington Road intersection . The owner is going to remove the condemned buildings and plans on moving the house on the corner to another site . He went on to say that the staff has been struggling with the problem of cleaning up the deeds on the parks . In some cases we are having to write the abstract . Peter Grossman is working on this and should clean it up in two months . Councilwoman Raffensperger asked when will the Route 79 work be done ? Town Engineer Fabbroni answered the State DOT is just now completing survey maps and expects construction in 1984 . Councilwoman Raffensperger stated that she would hope the Town could pass information on it in the Newsletter as to ® what work will be done and when . Councilman Kugler asked if there was any hope of moving the Burns Road Intersection to the NYSE & G right - of -way ? Town Engineer Fabbroni responded that this is what we hope . A new alignment involves private property and NYSE & G . We have completed our own survey and know the sight distance and where the best alignment is . If you could level off the existing intersection you would still have a fifty foot sight distance problem . Councilman Kugler asked if Bob Parkin would be working on this ? The Town Engineer responded , that the Town is responsible for the the approaches . Town Board Minutes - 4 - March 7 , 1983 Highway Superintendent ' s Report Highway Superintendent Robert Parkin reported that hopefully the amount of salt and sand used this year will be down 500 , that is if the weather holds . We are hauling salt and sand to be stockpiled for next year . There is also work on the sign inventory , and on building baracades , starting brush work and patching roads . He noted that the roads are not in bad shape this year . He went on to say that they anticipate starting on the Stone ® Quarry Road project , as soon as the foreman gets back from vacation . NYSE & G crews are already working there . ® Councilwoman Raffensperger remarked that she noticed that her favorite hole at the bottom of Judd Falls Road had been filled in . Who maintains the ditch ? Highway Superintendent Parkin answered , Cornell maintains the ditch . STOP SIGN - STONE QUARRY ROAD AND KING ROAD WEST Town Engineer Fabbroni stated that there was a verbal request from a Town resident about this , and he would like to defer discussion of the stop sign to a future meeting because of lack of information . Superintendent Parkin thinks it ' s unnecessary . AWARD BID - 4 -WHEEL DRIVE DUMP TRUCK WITH SNOW PLOW Three bids were received on the 4 - wheel drive dump truck with snow plow . Only one bid met the specifications _ totally . One of the bids did not follow the bid package . One bidder did not use the format and left it up to us to decide what items he met or did not meet . Also , the highest bidder neglected to submit a bid bond . RESOLTION NO , 23 Motion by Councilman Kugler ; seconded by Councilman McPeak , WHEREAS , three bids were submitted for a new 4 -wheel drive dump truck - snow plow combination , and WHEREAS , it appears that only one of those bids met all of ® the requirements of the bid invitation and bid documents , and WHEREAS , such bid was the bid submitted by Charles J . ® Blackwell , Inc . , 402 Eleanor Street , Horseheads , New York , 14845 , and WHEREAS , the said bid appears to be the lowest bid received from a responsible supplier in conformance with the specifications required in every way including bid submittal and bid bond , and WHEREAS , the low bid of $ 84 , 944 . 00 including trade - in falls below the budgeted amount , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that the bid of Charles J . Blackwell , Inc . , 401 Eleanor Street , Horseheads , New York , 14845 in the amount of $ 84 , 944 . 00 be and hereby is accepted contingent upon approval of the Tompkins County Superintendent of Public Works . Town Board Minutes - 5 - March 7 , 1983 ( Desch , Kugler , Raffensperger , Cramer , McPeak . Kiefer and Jennings voting Aye . Nays - none ) . FLOATING HOLIDAY RESOLUTION NO , 24 Motion by Supervisor Desch ; seconded by Councilman Cramer , ® RESOLVED , that the Town Board of the Town of Ithaca hereby approves Friday , April 1 , 1983 , as the date the Town employees requested as their floating holiday for the year ® 1983 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING - BILL J . MANOS PROJECT Supervisor Desch stated that the purpose of holding a hearing on the Bill J . Manos project was the need to assure compliance with Section 264 and 265 of Town Law , requiring that a public hearing be held before adopting an amendment to the Zoning Ordinance . The power has already been granted to the Town Board and the Planning Board to establish districts , not change the Zoning Ordinance . The Town Board or Planning Board could make discretionary decisions to develop such districts . RESOLUTION NO , 25 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 12 : 00 noon on March 21 , 1983 ; at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the adoption of a Local Law amending the Zoning Ordinance by changing - the zoning classification from Residence District R15 to Multiple Residence District on Parcel Number 44 - 1 - 4 . 3 . ( Bill J . Manos proposal ) . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . BOND RESOLUTION - MATURITY SCHEDULE ® Supervisor Desch stated that the Bond Resolution will be ready for adoption at the April meeting . He recommended that the Town Board adopt the revised maturity schedule at ® this meeting he noted that we can change the date of principal payments to improve our cash flow by making two payments in 1984 . RESOLUTION NO , 26 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the adoption of the Maturity Schedule as proposed by Bernard P . Donegan , Inc . , ( copy attached ) in connection � . TOWN OF IT HACA t _ - fie- ` ' ' < '^ L t r 1 'a a r .MM ' - -f +• Ip � INVCSt"C"T COUNSCEINO '{ 3- - Z -- -- - - I -- -_ Water _Sewer , --- 7 . Impr_ovement ' _Improvement,- . 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I 2 II I II j ; I I I , L i . 3i Inter-est . _Due� _ls .t - a me Q1- � 1=-8 - a: I d- semi ; l II I I p annua erea- -te -on-- i . , r I � 32� T 01_a n dI� 3 33 —L 3 . 34 t i i t 1 . ( I i I 35 � —r 3 39 MMMMM. IT 3 j r 3 _ I .o — , i , i , , i. , �. ,I • I I - _ ( _ ► ! • : � I ► I 11 II t r lF ! I IMMIMMIMMI '� wl_pnl Jn . ES cc� PAN r 67507 GREEN " - PAT. APPL. iOR- _ _ 8 } MADE IN U.S.A. -1� Town Board Minutes - 6 - March 7 , 1983 with the proposed Water / Sewer Serial Bond Sale . Suggested date of sale is May 12 , 1983 , closing date of June 2 , 19830 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . TOMPKINS COUNTY ECONOMIC OPPORTUNITY CORPORATION APPOINTMENT Supervisor Desch reported that the Tompkins County Economic ® Opportunity Corporation had asked the Town to appoint someone to represent the Town on their committee . The Supervisor noted that the Town has not had a representative ® on the committee for several years . He went on to say that Henry Aron had expressed a desire to serve on the Tompkins County Economic Opportunity Corporation , RESOLUTION NO , 27 Motion by Councilman Cramer , seconded by Councilman Jennings , RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Henry Aron , 106 Woolf Lane to serve as the Town of Ithaca representative on the Tompkins County Economic Opportunity Corporation for a term of one year , beginning April 1 , 1983 and ending March 31 , 19840 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye '. Nays - none ) . REFUND OF HIGHWAY OPENING PERMIT RESOLUTION NO , 28 Motion by Councilman McPeak ; seconded by Councilwoman Kiefer , WHEREAS , Mr . . Carle Brown was issued a Highway Permit for 317 Blackstone Avenue for a $ 100 deposit , and WHEREAS , the work performed within the highway right - of -way was water and sewer service construction totally reimburseable by the Town of Ithaca , and WHEREAS , the work is substantially complete with final pavement replacement more economical and controlled if ® performed by the Highway Department , NOW THEREFORE BE IT RESOLVED , that the Town Board of the ® Town of Ithaca refund the $ 100 security deposit for 317 Blackstone Avenue to Mr . Brown . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . South Hill Swam Councilwoman Kiefer reported that she had attended the first portion of the February 26th meeting on SEQRA sponsored by the Tompkins County Environmental Management Council and New York State DEC , and that Montgomery May and Virginia Langhans from the Town Planning Board were also there . From discussion there , it seems appropriate that the Town Board should ask the Planning Board to recommend a special designation for a place like the South Hill Swamp , e . g . , as a protected wetland or a unique natural area , so that where development nearby is proposed the SEQR mechanism will be correctly triggered . She made this suggestion to Chairman May and he indicated he planned to take it up . Town Board Minutes - 7 - March 7 , 1983 REPORT ON FIRE STATIONS Councilman Jennings reported that a meeting was held a month ago with the Fire Commissioners . It became evident that a comprehensive plan is needed immediately . The need for a comprehensive plan was discussed last year . Councilwoman Raffensperger mentioned hearing Mr . Meigs on the radio news refer to fire station sites having been idenfied . ® Both Councilman Jennings and Supervisor Desch have received copies of that report , but have . not yet had a chance toread ® it . TV FRANCHISE Councilwoman Kiefer stated that just today the Town had received a proposal from American Community Cablevision to amend our Cable Franchise Agreement and said that the Town Board will need to set aside time , in the near future , to discuss the TV Franchise , FOREST HOME - PROPOSED ONE - WAY CIRCULATION Supervisor Desch asked the Town Engineer if he had received any response from the Forest Home Civic Association or the residents on the proposed one -way circulation ? Town Engineer Fabbroni responded that the feedback had been minor . The Association sent out a Newsletter asking people to ride around the area , as if the one -way route was in place . The Supervisor then asked the Engineer when the optimal time would be to start the one - way trial route ? Mr . Fabbroni responded , around the middle of Augusta This seems to be an ideal time , as it will be before the students get back and while the permanent residents are the only ones using the one -way . Councilwoman Raffensperger stated that she was concerned about the County ' s calculations of traffic counts on Pine ® Tree Road . She felt they were premature because measures , such as improving Game Farm Road had not been taken to remove some of the traffic and lower the count . ® Supervisor Desch stated that Frank Liquori has been asked for advice , by the County Board , on how to proceed with the East Ithaca Circulation . Most of the persons involved see the Town as endorsing the preliminary work on both Phase I and Phase II . Less than 100 of Phase II is in the Town , most of Phase I is in the Town . Supervisor Desch therefore sees Dryden as a necessary actor in this . I I Engineer Fabbroni said that may be we should make a Village of Dryden by - pass part of the whole picture . Councilman Cramer noted that in conjunction with the East Ithaca Connector , Cornell was going to ask for Judd Falls Road to be closed , are they still going to do this ? a� Town Board _ Minutes - 8 - March 7 , 1983 Town Engineer Fabbroni responded no , there is no money in the budget for this season , perhaps in 1984 . Cornell needs to see some action by the Town and County before committing more money to the project . He also reported that Cornell ' s Director of Transportation , William Wendt , discussed with him opening the campus to traffic during the mornings and afternoon commuting times , both during the Cornell break and after break ; Wendt doesn ' t think it will work well , but he ' s willing to consider it . ® Supervisor Desch remarked that if the residents of Forest Home were willing to approve the one -way traffic trial through Forest Home , Cornell would have some new problems ® and this fact would put more pressure on Cornell to move forward with the circulation improvements . EAST ITHACA CIRCULATION Councilwoman Raffensperger reported that at the last meeting of the County Transportation Commission , Planning Commissioner Liguori again made a statement about the County position on an East Ithaca Connector , Engineer Fabbroni said that Liguori had met with the Forest Home Association and raised the possibility of a road from the end of Warren Road , with 9 % grade , to the base of Caldwell Road , which would eliminate six homes and the Community Center . After that meeting , Lambert Brittain , President of the Forest Home Association , met with Fabbroni , and Fabbroni reassured him that the Town of Ithaca is not considering this . Councilwoman Kiefer asked if the Town of - Ithaca ' s representative on the Transportation Commission called attention to the Town ' s request for clarification of what the County Board of Representatives position is with respect to the East Ithaca Connector proposal ; the Town ' s representative was not at the meeting . BOLTON POINT WARRANTS RESOLUTION NO , 29 P . Motion by Councilman Kugler ; seconded by Supervisor Desch , RESOLVED , that the Bolton Point Warrants dated March 7 , ® 1983 , in the Operating Account are hereby approved , in the amount of $ 223 , 694 . 92 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ® Councilman Jennings stated that he noticed this the second month that Michael Ocello , Assistant to then Town Engineer , had charged time to Bolton Point . Supervisor Desch responded that the work Mr . Ocello performs for Bolton Point is done on his own time . Town Engineer Fabbroni added , Mr . Ocello is doing drafting at home on his own time , with his own equipment . Supervisor Desch stated that hiring Michael Ocello was a Commission decision . Town Board Minutes - 9 - March 7 , 1983 Town Engineer Fabbroni added , when the Commission decided to hire Mr . Ocello , the question came up if he could do this work with out it being a conflict of interest and it was decided he could if he kept everything separate from the Town of Ithaca . He does the drafting on his own premises , with his own equipment and his own material . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . ® TOWN OF ITHACA WARRANTS RESOLUTION NO . 30 ® Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated March 7 , 1983 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . $ 45 , 068 . 64 General Fund - Outside Village . . . . . . . $ 8 , 008 . 90 Water and Sewer Fund . . . . . . . . . . . . . . . . . $ 222 , 622 . 59 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 33 , 562 . 56 Parks Reserve Fund . . . . . . . . . . . . . . . . . . . $ 3338e90 Lighting District Fund . . . . . . . . . . . . . . . $ _ 245 . 81 Fire Protection Fund . . . . . . . . . . . . . . . . . $ 72 , 054 . 00 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . ADOPTION OF A PROPOSAL TO GRANT EASEMENT TO A PORTION OF LAND OWNED BY THE TOWN OF IrUHACA ON WHICH PREMISES OF THOMAS AND JAN WOLSKI , 223 FOREST HOME DRIVE ENCROACHES Proof of posting and publication notice of a Public Hearing to consider a proposal to grant easement to a portion of land owned by the Town of Ithaca on which the premises of Thomas and Jan Wolski , 223 Forest Home Drive encroaches having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney James Buyoucos stated that in 1979 , there was property to the east then belonging to Pearl Miller , and a portion of that house encroached on Forest Home Drive . The owner requested the Town to abandon any claim on the land on which the buildings encroached . The Town refused limit is ® rights - of - way or to abandon the strip of land under the building . A permanent lease was , however , given to Pearl rliller . The lease is for the land under the existing ® buildings , and it ends when the buildings are no longer there . Pair . Buyoucos went on to say that the Wolski property is located next to the Miller property . Mr . Wolski asked the Town to abandon the property and is a companion situation . The Town is willing to execute a lease to allow the buildings to be maintained , as long as the present building stands . The house has been standing since before 1908 . Mr . Crandall , a surveyor , made reference to a survey line 25 feet from the centerline of the pavement . The original map set forth a 64 ' width , however , the topography prevented the laying of a highway 64 ' in width . The actual width was the traveled portion , however , no less than 12 ' from the center of the road . C i j Town Board Minutes - 10 - March 7 , 1983 i Mr . Buyoucos went on to say that the resolution was quite tough . It includes the requirement of an insurance policy to protect the Town , Mr . Wolski and the new owner from damages . The owner is obligated to maintain the dwelling so that it will not be a hazard to the public . At 7 : 00 P . M . , the Supervisor opened the public hearing for anyone who wished to speak for or against the Town or Mr . Wolski . As no one wished to speak , the Supervisor closed the public hearing . Councilwoman Kiefer asked if the Town Engineer and Hi ghway Superintendent recommend granting such a ease ; they do ® RESOLUTION GRANTING LEASE TO OWNER OF PREMISES KNOWN AS 233 FOREST HOME DRIVE , IN THE TOWN OF ITHACA , NOW OWNED BY THOMAS R . AND JAN WOLKSI RESOLUTION NO , 319 Motion by Councilman Jennings ; seconded by Councilwoman Raffensperger , WHEREAS . A . , Thomas R . and Jan Wolksi are owners of a parcel of land in the Town of Ithaca known as 233 Forest Home Drive , being Tax Parcel # 66 - 4 - 10 , more particularly shown on the survey map thereof made by Carl Crandall , - dated May 25 , 19511 amended February 1 , 1983 by T . G . Miller , Engineers and Surveyors , and being the parcel conveyed by Richard L . and Susan G . Cotton to Thomas R . and Jan M . Wolski by deed dated May 12 , 1977 , recorded in Liber 557 of Deeds at Page 264 ( herein referred to as the Wolski parcel ) . A copy of said map is attached hereto and incorporated in the minutes of this meeting . Be The Wolksi parcel joins on the west the parcel known as 235 Forest Home Drive in the Town of Ithaca , Tax Parcel # 66 - 4 - 111 being a parcel conveyed by Christopher Lindley to Pearl . S . Miller by deed dated August 14 , 1960 , recorded in Liber 431 of Deeds at Page 123 ( herein referred to as the Miller parcel ) . The Wolski and Miller parcels derived their title from a common source , namely the deed from Cornelia Preswick to Josephus Hasbrouck dated February 24 , 1908 recorded in Liber 168 of Deeds at Page 467 , The Miller parcel consisted substantially of the east 8495 feet of the Hasbrouck parcel and the Wolski parcel consists substantially of the westerly 59 . 5 feet of the Hasbrouck parcel . In 1978 the Miller parcel was about to be sold and the question was raised at that time by the purchaser that a ® portion of the buildings on the Miller parcel might be encroaching within the right - of -way of Forest Home Drive . The owners of the Miller parcel alleged that the buildings did not lie within the public right - of -way of Forest Home Drive . This allegation was denied by the Town of Ithaca . After reserving all the Town ' s rights and jurisdiction to the lawful width of the right - of -way of Forest Home Drive , the Town Board on January 29 , 1979 and taking into account financial hardship and other circumstances , authorized a lease of the strip of land lying under the encraoching buildings on certain terms and conditions stated therein . Such lease was in fact delivered and is still in effect . Town Board Minutes - 11 - March 7 , 1983 Co Wolski is about to sell their property to a purchaser who has raised a similar issue affecting the title to the Wolski property claiming that there appears to be an encroachment by the building on the Wolski property within the boundaries of the public right - of -way of Forest Home Drive . The Wolskis have appeared before the Town Board and have alleged that they will suffer financial hardship because of the apparent unmarketability of the title created by any such an encoachment and they have asserted a claim that the Town has no _jurisdiction- . in any land beyond the traveled portion for purposes of a public highway and have ® requested that the Town give them relief by abandoning any claim to the ]. ands underneath the buildings . D . A public hearing was held at the Town Hall on March 7 , 1983 , at 7 : 00 P . M . , following a notice duly published in the ITHACA JOURNAL on February 28 , 1983 . The owners of the Wolski parcel appeared at the public hearing and requested that the Town Board grant to them and to their successors in ownership a permanent lease of the - lands occupied by existing structures to the extent that they may encroach upon the right - of - way of Forest Home Drive . No member of the public has objected to the granting of such lease either in person or by written communication . E . The Town Attorney reported , amongst other things , as follows : 1 . He recommends that the Town not abandon any portion of its right - of - way . He further stated that the holding of the public hearing and the adoption of the resolution was not a public hearing to consider the granting of an abandonment of any portion of Forest Home Drive , 29 According to rir . Wolski , the records of the County Division of Assessment substantiate that the present dwelling has been in its present location since 1908 . An examination of the title to said premises indicates that the dwelling was probably constructed prior to 1908 inasmuch as the above referred to deed to Josephus Hasbrouck establishes boundary lines and corners with respect to their distance from the dwelling house on the property . The survey map irtade by Carl Crandall in 1951 is made with reference to distances based on the data appearing in the Hasbrouck deed . . The Crandall survey shows a line 25 feet from the centerline of the pavement as it existed in 1951 but such line is not characterized as the boundary of a highway right - of -way . ® The record seems to support the contention of Wolski that the present encroachment has continued uninterrupted since the erection of the dwelling house . In the year 1976 the Town of Ithaca granted a building permit to Mr . Cotton to ® erect a carport at 233 Forest Home Drive at its present location . 3 . The Town Attorney further advised the Board that unmarketability of title is created as alleged by the Wolskis . The Town Engineer has reported to the Town Board that he forsees no practical difficulties if the present encroachments are permitted to _continue nor does he forsee any practical difficulties or impairment of the Town ' s ability to maintain Forest Home Drive if such encroachments are permitted to continue and he recommends such action provided that any lease will contain provisions substantially similar to those contained in the instrument granted to the Miller property as reported above . The Town Highway Superintendent concurs in such recommendation . Town Board Minutes - 12 - March 7 , 1983 NOW THEREFORE , IT IS RESOLVED AS FOLLOWS : Section I . The Town of Ithaca agrees to grant to the owners of the Wolski parcel , as described above , herein also referred to as Lessees ( their successors , distributees and assigns ) a lease to maintain the existing building and appurtenances in their present location as shown on the survey map referred to above , but subject to the provisions set forth in the following Sections . ® Section II . It is not intended that this grant of a lease shall convey to the Lessees a permanent title to that portion of Forest Home Drive which may be occupied by , or may lie under , the building and neither this resolution nor any lease which may be granted pursuant thereto shall be deemed to be a permanent abondonment by the Town of all rights , title and interest , in full or in part , which the Town may have in and to the highway known as Forest Home Drive to the full extent of - the width to which the Town is lawfully entitled for uses of such highway , and the Town reserves all such rights , whether obtained by statute , user or otherwise except that the rights granted . by this resolution to the owners of the Wolski parcel shall be perpetual for so long as the present building stands in its present location . Section III . The Town recognizes that the acceptance of this lease by the Lessees shall be without prejudice to the right of the Lessees to assert that the right- of - way is limited to the paved portion of the highway and that the Lessees reserve any and all other rights they may have with respect to the leased lands and / or the lands claimed by the Town to lie within the right - of -way of the highway . Section IV . The Lessees shall provide and , at all times maintain , at their expense , adequate insurance coverage insuring both the Town and the owners of the Wolski property against any liability for injury to persons or property , or for any other loss or damage which may result = rom the maintenance of the building and appurtenances on the Wolski property in their present location . Such policy shall be with such comapny and shall contain such terms as the Town may reasonably require . The amount of coverage shall be subject to periodic review at the option of the Town , but , for the present , the coverage shall be at least $ 500 , 0006 If the owners of the Wolski property shall fail to maintain such insurance coverage , the Town shall be ® reimbursed by the owners of the Wolski parcel for any costs incurred by the Town for premiums for such coverage . Section V . Neither this resolution nor the execution and delivery of a lease pursuant thereto shall be deemed in any way , or in any degree , a waiver by the Town of any rights which it may have in all the remaining portion of Forest Home Drive , i . e . , that portion of said highway which lies within the boundaries of the subject property and the Town reserves all rights , titles , interests and claims in such remaining portion of Forest Home Drive , and all right it may have at any time to assert and maintain the full Width of the right - of -way which Town lawfully has over such remaining portion of Forest Home Drive , Section VI . The Supervisor is authorized , with the assistance of the Town Attorney , the Town Engineer and the Highway Superintendent to cause to be prepared and to execute a lease in recordable form . Such lease shall . contain such provisions as he deems appropriate to carry this resolution into effect and to protect and preserve the respective interests and rights of the Town . Without Town Board Minutes - 13 - March 7 , 1983 limiting the discretion granted to the Supervisor as foresaid , such lease shall contain suitable provisions for the upkeep and maintenance of the building so that it will not become a hazard to the public using the highway , and for the termination of the lease in the event that the building is destroyed , removed or abandoned and such provisions , if any , as the Supervisor may require for recovery by the Town of any expenses or costs , including reasonable attorney ' s fees , incurred by the Town in connection with the enforcement of any provisions of this lease and for any ® provision for payment to the Town of expenses incurred in granting this lease including the investigation preliminary to and the adoption of this resolution . Section VII . This resolution is subject to a permissive referendum . The Town Clerk will publish in the Ithaca Journal a notice of adoption of this resolution setting forth an abstract of the action taken . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . AUTHORIZE TOWN PLANNER ' S AIVTENDANCE AT CONFERENCE Town Planner Peter Lovi stated that he had received a notice in the mail from the University of Illinois regarding a seminar , Executive Leadership Institutes in Environmental Services Management , to be held May 1 through 6 in Urbana , Illinois . The theme of the conference include improving communication , role of managerial communication , communication in work groups , skill needed for effective communication , understanding the communication process , managerial communication problems , improving organizational effectiveness through communication and communciation and organizational instruction . The cost of the conference is $ 875 plus transportation . Councilwoman Raffensperger commented on the high cost of this conference and wondered if it would preclude other opportunities . Supervisor Desch stated that the program was similar to one put on by the IL & R School at Cornell . RESOLUTION NO , 32 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Peter Lovi , Town Planner to attend the seminar at the University of Illinois from May 1 through May 61 1983 at a cost of $ 875 plus transportation , and FURTHER BE IT RESOLVED , that the attendance by the Town Planner is continguent on the allocation of more money to the Planning Continquency Fund , Councilman Jennings stated that he felt the Personnel Committee should be looking into the structure of further education for the employees . A plan should be set up for this kind of training at these dollars . Councilwoman Kiefer , noting that the conference was on " improving organizational skill and communication , " said it seemed designed for management - level persons , who supervise many employees ; she wondered if there were anyone higher up in the Town ' s structure who would benefit . Town Board Minutes - 14 - March 7 , 1983 Mr . Lovi said that the conference notice had actually been passed on to him when no one else seemed interested ; he though it seemed interesting . Councilwoman Kiefer said she , too , shared concern about how expensive this was - equivalent to about three other meetings Town Staff might attend . She said she simply didn ' t thing this was a justifible or appropriate expense for the Town Planner , though that is no reflection on Mr . Lovi ' s work . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - Kiefer ) , g ® APPROVAL OF MINUTES Supervisor said the only remaining business was Minutes , and asked who will move them . . Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the minutes of the September 13 , 1982 and December 30 , 1982 meetings . Councilwoman Kiefer asked which version of the Minutes it is proposed to vote on ; she noted that all she has received is a January 24 , 1983 - draft of the December 30th Minutes and that all corrections had been handed in , the Clerk had not yet prepared a revised draft . She asked the Clerk for her recommendation about the Minutes . Supervisor Desch immediately asked the Clerk if she were satisfied with her January 24th draft , to which the Clerk said yes . Supervisor Desch accused Counilwoman Kiefer of not getting her comments in in a timely fashion . Councilwoman Kiefer said that was not true - her corrections were handed in February 2 ; just after the draft of January 24 . Councilwoman Kiefer than stated that she ahad spoken with the Clerk on March 2nd and asked if we would have revised Minutes in time for the meeting , and the Clerk had said no - they had to be put off to get the annual report to Audit & Control done . Councilwoman Kiefer reiterated that she had submitted corrections to the Clerk , and that we should not consider the Minutes until the Clerk has revised them . ® Councilwoman Raffensperger reminded the Board that after much discussion we had adopted clear and specific Guidelines for Minutes , and told the Supervisor that by this motion we ® are now ignoring our own Guidelines which she summarized for everyone ' s benefit . Councilman McPeak asked which Minutes we ' re voting on , saying he has a copy with Councilwoman Kiefer ' s handwritten changes . Councilwoman Raffensperger said that the Clerk has not yet acted to revise her January 24th draft , which is what the Supervisor says is under consideration . Councilman Jennings seconded Councilwoman Raffensperger ' s plea to comply with our Guidelines . Supervisor Desch called for a vote . Town Board Minutes - 15 - March 7 , 1983 ( Desch , Kugler , Cramer and McPeak voting Aye . Nays - Raffensperger , Kiefer and Jennings ) : ADJOURNMENT The meeting was duly adjourned at 7 : 25 P . M . ® own Cler