HomeMy WebLinkAboutTB Minutes 1983-09-12LJ
TOWN OF ITHACA
REGULAR BOARD MEETING
September 12, 1983
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 12th day of September, 1983,
there were:
PRESENT: Noel Desch, Supervisor
George Kugler, Councilman
Shirley Raffensperger, Councilwoman
Henry McPeak, Councilman
Dooley Kiefer, Councilwoman
David Jennings, Councilman
ABSENT: Marc Cramer, Councilman
ALSO PRESENT:
PLEDGE OF ALLEGIANCE
James Buyoucos, Town Attorney
Lawrence Fabbroni, Town Engineer
Robert Parkin, Highway Superintendent
Walter Schwan, 231 Coy Glen Road
Beverly Livesay, Board of Representatives
Herbert Monkemeyer, 1058 Danby Road
E. L. Rose Gastanian, 1058 Danby Road
Gloria Howell, 120 Clover Lane
Martin Sheridan, American Community Cablevision
Lyman Baker, 257 Pennsylvania Avenue
Jean Baker, 257 Pennsylvania Avenue
He L. Babcock, 262 Bundy Road
Carol Babcock, 262 Bundy Road
Representatives of the Mediae
Jana Thorpe, WQNY
The Supervisor led the assemblage in the Pledge of Allegiance.
REPORT OF TOWN OFFICIALS
Supervisor's Report
Sewer Proiect
® Super�iisor Desch reported that the priority list went to Washington
witil the Ithaca Project above the funding line as a segmented project.
He stated that we expect to get somewhere between $7-10 million for
® the first segment. EPA must make a determination on the State
priority list by October 1. They are currently reviewing the design
documents and that is expected to be completed in time for approval by
October 1. He went on to say that we have been working closely with
DEC staff and our legislative officers in both Albany and Washington
to make sure any and all issues that could potentially delay our
approval are resolved. The next SJS meeting is scheduled for Monday
night, September 19,
1984 Budget
The Supervisor reported that budget discussions with Town department
heads has been completed and their recommendations submitted to him.
Our current costs of operations have been extensively analyzed as well
as projecting the impact of various increases, such as telephone,
electric and health insurance. Our presentation will be on October 3
ar.C! i -.1 -le documents will be di.sti-libuted at that time, It is critical to
". f-.'i.�Gi:il :)?r�"' '_'l_ ,• �,
c . lhap.. SO Li'OS�'
Town Board Minutes -2- September 12, 1983
Supervisor Desch went on to say that the Town can expect a 30%
increase in Blue Cross coverage on January 1, 1984. This would amount
to a $238.18 increase for single coverage for a year and $552.96 for
the family coverage. He stated that he would be proposing that the
employees pick up one-half of future increases and the salary package
will appropriately take this into account.
Jail Study
There is a meeting of the Jail Study Committee on Wednesday, September
® 14, 1983 at 1:30 P.M., at County Planning. The Town Board members are
welcome to attend. The Supervisor stated that he had received a copy
of a petition several Town of Ithaca residents have sent to Harris
Dates opposing a jail in the Village of Lansing, near the airport. He
stated that while he could understand the residents' concerns, he did
not believe statistically that a security or safety problem occurs in
immediate areas around county jails. Traffic between the jail and the
court room downtown will be via Route 13, therefore, this is unlikely
to have a significant impact on the Town of Ithaca.
Mileage Reimbursement
Supervisor Desch stated that the Town's current reimbursement
allowance is'$.18/mile. He stated that he felt this was slightly out
of date in terms of true cost. Cornell, for example is $.22 a mile
and he felt that is is probably about right. Bolton Point is $.20.
The Supervisor then proposed that the Town increase the mileage
reimbursement to $.20 effective August 1. He noted this would cover
the travel included in the voucher being processed this evening.
Councilwoman Kiefer asked when the mileage reimbursement. was last
raised; Supervisor Desch didn't know but said it was a long time ago.
RESOLUTION NO, 123
Motion by Supervisor Desch; seconded by Councilman Kugler,
RESOLVED, that the Town Board of the Town of Ithaca hereby authorize
the increase from $.18 to $.20 a mile for personal automomile mileage
reimbursement effective August 1, 1983.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none),
FALL CLEAN-UP DAY
RESOLUTION NO. 124
Motion by Supervisor Desch; seconded by Councilwoman Raffensperger,
® RESOLVED, that the Town Board of the Town of Ithaca hereby designates
October 11, 1983, as Fall Clean-up Day in the Town of Ithaca.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none)'.
REFUND ON WATER BILL
Supervisor Desch stated that water customers, whose meters the Bolton
Point meter readers had not been able to read for quite sometime,
received estimated bills on the high side to get the peoples'
attention. After receiving an appropriate response from Mr. Bierman,
the meter reader was able to read the meter and get an accurate
reading,
Town Board Minutes -3- September 12, 1983
RESOLUTION N0, 125
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes
a refund in the amount of $237.13 for water and $28.46 water surcharge
for a total refund of $265.59 be paid to Harold Bierman, 109 Kay
Street, Ithaca, New York. Account Number 184--0203564.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
Councilwoman Kiefer stated that last month, the Town received a letter
from a Mrs. Krantz regarding the odor problem at Eddydale Farms, she
asked if there had been any response?
Supervisor Desch stated that the letter from Carl Burgess, Tompkins
County Health Department, read to the Board at last month's meeting,
has taken care of the odor problem.
Town Engineer's Report
Town Engineer Lawrence Fabbroni reported that he had been working with
the Attorney on the Letter of Credit agreements for the Professional
Building and Commonland security. He stated that the Forest Home
walkway was approximately 2/3 complete, from the foot of the bridge to
Warren Road hill. He went on to say that more than one-half of the
landscaping material ordered under the SBA Grant had been delivered
and installed. The bikeway at Maple Avenue and Game Farm Road' is
approaching completion. Mr. Fabbroni stated that the Town had
received $1,000 from the County for drainage. After a long discussion
with the committee, it was decided we will purchase $2,000 in binwall
rip -rap and stockpile. Perhaps Jim Ray will see his way clear next
year so that there will be more money for drainage.
The purchase of busses for. the Northeast Transit is now down to the
point of deciding what type of vehicles to purchase and what type of
management is needed. There is money available to purchase two
vehicles for Northeast Transit and one for East Ithaca. He went on to
say that as the Supervisor had reported, we are taking care of last
minute details on the sewer application. Hopefully we will know by
October 1st where we stand.
The Town Engineer went on to report that Mike Ocello had completed the
West and South Hill surveys and had now started the East Hill survey.
He stated that he expected to be able to discuss a package of water
® and sewer improvements, with the Board, sometime this winter. Peter
Lovi is updating the Subdivision Regulations and the Burns Road
Environmental Impact Statement along with various computer
requirements. Many things are still under investigation, based on the
meeting with the committee plus an IBM seminar scheduled for September
20th. He stated that he expected it would be two months before he
would be coming to the Board with a proposal.
Councilwoman Raffensperger remarked that on the drainage problem, she
got the impression that the difficulty was deciding should the money
be used for preventive emergencies and not repairs of catastrophes.
TOwn Engineer Fabbroni responded, for example, in Forest Home you y`±.
fifty feet* down stream away from the problem and you can't find the
source of the problem. You can't distinguish suburban from urban. As
for the City, they have money for big stream problems, but the stream
behind the Grand Union store, they might not have money.
Councilwoman Raffensperger said that if the Town hopes this assistance
pro-7ram will coiit <_nue, we should press for a broader perspective..
Town Board Minutes
Councilwoman Kiefer
regarding the water
-4- September 12, 1983
asked about a letter received from Ann Schwarting
tank in Eastern Heights,.
Town Engineer Fabbroni responded that he had
support for the project to send with the
However, we will not be receiving the grant
increase in jobs in relation to the projects.
Supervisor Desch commented
getting off the ground with
form and size it will take.
Town Attorney's Report
requested a few letter of
ARC grant application,
as we could not show an
that within the next year Cornell will be
it Biotechnology Center so we'll know the
Town Attorney James Buyoucos reported that the Commonland Agreement
for escrow funds, submitted by the developer, has been extensively
revised The agreement is now as tough as it could be and still be
reasonable. He stated, we have to be very particular.
He also spoke about the Professional Building Agreement and its
relation to Route 96 relocation. He pointed out that our Agreement.
has to do with providing access to the Professional Building not from
the highway, but through hospital lands. The site approval for the
extension of the Professional Building had a stipulation that $25.,000
be put in escrow. The $25,000 would be the doctors contribution if
the road is built under the agreement. If the. State does not build
the road it is up to the County to settle difficulties with the
hospital and reach an agreement on the road. The Town is under no
obligation to build the road. The Planning Board resolution
recommended a, two year, agreement, however he reported that he planned
to extend it 'to three years and possibly four years.
Councilwoman Raffensperger question the $25,000 contribution, to whom?
Town Attorney Buyoucos responded, to whomever builds the road, if the
State does not build the road.
The Town Attorney went on to speak of two zoning matters at which
Councilwoman Raffensperger requested an update, saying that the David
Mintz court case, involving the house being too close to the boundary
line, had been resolved. He stated that it had been a very tough case
and that he had come to the conclusion then that we should sit back
and wait. Therefore, he advised both sides and let them proceed on
their own and after two years the case was resolved.
Mr. Buyoucos reported on the Article 78 Proceeding against Alfred
Eddy. The Zoning Board of Appeals limited Mr. Eddy from selling
certain things, including pop. The Board reheard the appeal of Mr.
Eddy and said go ahead and sell pop. An appeal was filed by a
non-resident neighbor. Attorney Buyoucos argued for the Zoning Board
® of Appeals, and the Supreme Court dismissed the appeal, thereby
allowing Mr. Eddy to sell pop. The Board of Zoning Appeals seemed to
be reversing themselves, however, they made a correct decision
apparently, as a result of this they now have control over the things
Mr. Eddy can sell at his stand on the Elmira Road.
Highway Superintendent's Report
Highway Superintendent Robert Parkin reported that 72 miles of Town
road have been completely surface treated. Stone Quarry Road,,Js now
three-quarters paved. The Game Farm Bikewaystill needs to be to
with crusher run and then blacktopped. XPed
Town Board Minutes
PERSONS TO BE HEARD
-5-
September 12, 1983
Walter Schwan, 231 Coy Glen Road, stated that he wished to comment on
Alfred Eddy's so called market garden and fruit stand. He went on to
say that he had no ax to grind and no quarrel with the Town Board, the
Planning Board or the Zoning Board of Appeals. Mr. Schwan stated that
he had done a lot of research. He had read the minutes of the Town
Board, Planning Board and Zoning Board of Appeals hearings in June and
July 1981. He stated that he felt some things in the process could be
improved. There is no clear statement as to who will be notified of
an action in the Town. The law says the legal notice in the newspaper
is sufficient, however, he stated that he did not know who reads the
legal adds in the newspaper every day, and he doesn't believe just a
legal notice is good enough. He went on to cite the Eddy case, where
® 22 people were notified of the Town Board and Planning Board hearing,
® however, only 6 notices were set when the Zoning Board of Appeals held
a public hearing on the latest variance.
Mr. Schwan went on to say that as to residential vs. non-residential
complaints, he considered filing one to support Mrs. Sheldrake, but he
did not file an appeal because after talking with his attorney, he
found out he would need to invest $500 in up -front money and the
appeal could run as high as $1,500. Mr. Schwan said it behooves the
Town Board, Planning Board and Zoning Board of Appeals to be right.
Soda pop is a principle. Not many people have $500 readily available.
He stated that he had served on the Planning Board from 1965 - 1969 at
which time there was an attorney on its we were all layman and felt a
need for the attorney. Mr. Schwan suggests that it would be very
useful for the Town Attorney or one of the partners to attend every
meeting. He went on to say that every time the Zoning Board of
Appeals meet somebody is asking for a variance and that legal council
i.s needed. He stated that he,wondered if Mr. Buyoucos had been at the
Zoning Board of Appeals meeting when they heard Mr. Eddy's request for
a variance to sell pop, if the Board would have reversed themselves.
Ile stated that he believed Mr. Eddy based his appeal on hardship. Mr.
Schwan stated that he did not understand how selling soda pop will
help with his reported $950 electric bill. He stated again that he
felt the Town Attorney or his partners should attend all Zoning Board
of Appeals meetings and suggested in addition that he should attend
Planning Board meetings every time there is a request for a variance.
Mr. Schwan stated that he understood from a couple of Town Board
members that they did not even know there was an Article 78
Proceeding, and he said before there is a decision to have the Town
Attorney defend the Zoning Board of Appeals, it should have been
reviewed by the Town Board,
Supervisor Desch stated that it was; he reported on the Article 78
Proceedings at the March meeting. He went on to say that the beauty
of the word processor is that we can send out more notices easily.
Perhaps we could use postcards.
Attorney Buyoucos said with regard to the Eddy decision: the Chairman
®of the Zoning Board of Appeals was absent; he added that if he, as
Town Attorney; had been present (believes it was an unusual case) he
would have asked the basis of the appeal. He stated that the Zoning
Board of Appeals had been advised that if they have something on the
agenda that needs an attorney at the meeting, they are to let him
know. He stated that he has been called in the past, and has.solved
problems for the Zoning Board of Appeals. He went on to say that he
has advised the Chairman and the members of the Board that they may
call him at any time. Mr. Buyoucos noted that the City of Ithaca, the
Town of Dryden and other towns do not have an attorney at every
meeting, if something is controversial, they adjourn the meeting.
'Mr. Buyoucos then asked the Town Engineer if cards are being sent out
to inform neighbors of a public hearing?
Thi 'I'�>��;n Engineer responded that letters are being sent to neighbors
�rh{, within 200' of a variance.
Town Board Minutes
-6-
September 12, 1983
Councilman Jennings noted that the new Zoning Ordinance says the
notice must be posted on the property.
Councilwoman Raffensperger asked what was the policy on the Town
Attorney defending the Town against an Article 78 Proceeding, in the
past we have always authorized the Town Attorney to defend the Town in
such proceedings.
® Supervisor Desch stated that the subject of the Town Attorney
defending the Town was brought up when he reported on the Article 78
Proceeding, although we didn't vote on it.
Councilwoman Kiefer asked if the Town Board has the power to not
approve defense of the Zoning Board of Appeals by the Town Attorney in
an appeal. She stated that she felt the Town Board was negligent in
® not voting, however, she was under the impression that there was no
choice in the matter to defend or not to defend. Mrs. Kiefer then
suggested that the question of who receives., notices of a public
hearing on variance cases be referred to a Town Board committee.
Supervisor Desch said that is a good idea.
Mrs. Kiefer asked if we presently notify renters in apartment houses
or is it"just owners of record?
Town Engineer Fabbroni answered, the owner of record receives the
notices. He added that we don't put the burden of notification on the
applicant, although we could. He continued, only the owner of the
apartment house would receive a notice. 75 to 100 notices are being
sent out now and even with the computer you still have to take the
time to decide who will receive the notices and update the
information. He went on to say that he felt cases that warranted 1000
or more notices, the burden of sending the notices should be put on
the applicant, with the owner being required to meet all legal
requirements and show proof that they met these requirements.
T
Peter Lovi, Town Planner added that on a controversial issue, you
would have the list of names of the people who attended an earlier
hearing.
Councilwoman Raffensperger commented to the staff that, with regard to
the 1981 Eddy rezoning, there apparently was a list.
County Board of Representatives Report
County Representative Beverly Livesay reported on the search for a new
jail site. She stated that the Board really wanted a more active
consideration of City sites, as it was apparent the Tompkins County
® Planning Board had not looked at many. She noted that many on the
County Board are mentioning the Tin Can site in the Town of Ithaca.
® Supervisor Desch responded that he had a number of concerns regarding
this site. He went on to say that he was not sure there was adequate
room for the jail and the Sheriff's administrative offices at this
location.
Mrs. Livesay responded that the
(footprints) for the one -storey
ample parking. Mrs. Livesay
completely surrounded by roads,
at first it seemed bad for this
parcel contained 22 acres. The plans,
building, fit on the parcel lerc�_ i�i..n
went on to say that the area is
this will make it better even though
reason.
Mrs. Livesay added, there is also a parcel behind the Elmira Road, on
the west side.
Town Board Minutes -7- September 12, 1983
Town Engineer Fabbroni remarked that when the new Wastewater Treatment
Plant is built, the site adjacent to the sewer plant on the south side
of Route 13 will be freed up. The Town Engineer went on to say that
the Markles Flat site seemed so highly used by the neighborhood for
recreation that it did not seem to be a good place for the jail.
Mrs. Livesay added, the Markles Flat site is the closest site to the
Court House,
Mrs. Livesay went on to say that quite a few people are interested in
using the old hospital building. Also, that the County budget was
tallied up today, estimated to be $33,000,000, up from the $30,000,000
asked for last year. The amount to be raised,by taxes would be almost
$7,000,000, last year was just over $5,000,000. She went on to say
that she heard that the big reserve the County had has dropped from 5
million to $3.8 million. She stated that each segment of the budget
will need to be looked at closely.
Cable TV Committee Report
Councilwoman Kiefer reported that the Committee has met four times
since the last Board meeting: on August 16, with Mr. Sheridan; on
August 22, when the franchise language was finished and then given to
the Town Clerk; on September 8, when Mr. Sheridan surprised us by
saying that ACC was thinking of withdrawing the proposed franchise and
replacing it only with new rates and references to State and Federal
law; and on September 12, when Newsletter language was developed and
given to the Town Clerk,
Mrs. Kiefer stated that the committee's next meeting will be held on
September 16th, at which time Martin' Sheridan will bring along a
technical staff person to discuss operations in the Town of Ithaca.
She noted that when she delivered the wording for the Newsletter to
Mr. Sheridan, he had shown her a map he had on his wall and then
proceeded to explain to her how easy it would be to wire the cable
around the City of Ithaca. Councilwoman Kiefer noted that the
Committee has asked ACC for financial reports and is still waiting.
She, added that the company has no idea how many commercial or private
buildings they serve, which makes it difficult to estimate the effect
of some rate changes!
Councilwoman Kiefer reported that the Committee would be meeting
September 22 to plan the September 26 public informational meeting,
for which Town residents should be well-prepared by the Newsletter.
Codes & Ordinance Committee Report
® No report was presented, as Chairman Cramer was absent due to illness.
Parks and Recreation Committee Report
Councilwoman Raffensperger reported that the Committee had met last
week and firmed up proposals for the 1984 budget.
Public Safety and Youth Committee Report
Councilman Jennings reported that the Committee had tie r—i
meeting with the City on the extension of the fire contract and firmed
up the basis for the contract. Supervisor Desch added that he had
written Mayor Shaw, suggesting the Town might be agreeable to a 2 year
extension provided there is some formal 'Town of Ithaca representi�tion
on the City Board of Fire Commissioners, Mr. Jennings noted that out
o� the $1.8 million total budget; $1.4 million is for personnel:;; he
said they have 11 full-time firemen, i.e, , 44 full-time paid people
or lr-�%und-the-clock. coverage. ;{, a:;.so reported that the plans fcX. the
arkH aL10'1
C
v
Town Board Minutes 48
Councilwoman Raffensperger asked when will
overall cost of the proposed fire station?
September 12, 1983
get a projection on the
Supervisor Desch responded, the cost will be around one-quarter of a
million.
Councilman Jennings reported that the Youth Bureau did not meet last
month because the various Committees are reviewing their individual
proposals.
Supervisor Desch added that he had met with Bob Cutia on the proposed
1984 Youth Bureau budget.
Personnel Committee Report
Supervisor Desch said it had not yet met. He noted Councilman Cramer
is ill, and asked Councilwoman Kiefer if she was free this week. Mrs.
Kiefer said she would only be away for 2 days next week (Monday and
Tuesday, September 19 and 20); she jokingly offered to resign from the
Committee if that would' help him schedule ameeting.; to which
Supervisor Desch said no.
TRAINING SCHOOL FOR ACCOUNT CLERK TYPIST
RESOLUTION NO. 126
Motion by Supervisor Desch; seconded by Councilman Kugler,
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes
the Account Clerk Typist, Sally Alario attendance at the 1983 Fall
Training School for City and Village Officials at Grossinger, New
York, September 27, 28, 29 and 30, 1983.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
Councilwoman Kiefer asked if it would be possible for both Personnel
Committee and budget planning purposes to have a list of who attended
what seminars this year and the cost of same?
Supervisor Desch answered yes.
ATTENDANCE AT NEW YORK STATE PLANNING INSTITUTE
RESOLUTION NO, 127
Motion by Supervisor Desch; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes
the attendance of Zoning Board of Appeals Chairman, Henry Aron, Zoning
Board of Appeals Second Vice Chairman, Edward Austen and Zoning Board
of Appeals Secretary, Nancy Fuller at the New York Federation Planning
and Zoning Institute Seminar to be held October 16, 17, and 18, 1983,
at Grossinger, New York.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
IBM LOCAL GOVERNMENT EXECUTIVE SEMINAR
RESOLUTION NO. 128
Motion by Supervisor Desch; seconded by Councilman Jennings,
Town Board Minutes -9- September 12, 1983
RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes
the attendance of Assistant Budget Officer, Connie Allen, Town Clerk,
Jean Swartwood; Town Engineer, Lawrence Fabbroni and Town Planner,
Peter Lovi at the IBM Local Government Executive Seminar in. Albany,
New York, on September 20, 1983.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
® ACCEPTANCE OF WATER DISTRICTS 4 AND 5 IN THE TOWN OF LANSING
RESOLUTION NO. 129
® Motion by Supervisor Desch, seconded by Councilman Kugler,
WHEREAS, the Town of Lansing has formed Town of.Lansing Water District
#4 to serve the new Morse Borg Warner manufacturing plant on Warren
Road and completed the water system improvements to serve the
district, and
WHEREAS, the Town of Lansing has formed Town of Lansing Water District
#5 to provide a one million gallon storage reservoir to serve the
District #4 users, an interconnection with the Village of Lansing
system serving the Research Park area, improved fire flows in adjacent
areas, and potential domestic needs of additional districts, and
WHEREAS, the Town of Lansing in accordance with the intermunicipal
.water supply and transmission system agreement with the Towns of
Ithaca and Dryden and the Villages of Cayuga Heights and Lansing, has
agreed to pay their proportionate share of the costs of operation and
maintenance and principal and interest in the manner set forth in the
intermunicipal agreement and as provided in the approved annual budget
of the Commission,
NOW THEREFORE BE IT RESOLVED, that the adoption of this resolution by
the Towns of Ithaca, Dryden and Lansing and the Villages of Cayuga
Heights and Lansing shall constitute a supplement to the
I
ntermunicipal agreement acknowledging the connection of the
facilities of Town of Lansing Water Districts #4 and #5 to the
facilities of the Commission.
Councilman Jennings questioned, does our accepting Districts 4 and 5
have any financial responsibility, in other words, are we taking on
any financial responsibility?
Supervisor Desch responded no, it is totally Lansing's responsibility.
® Councilwoman Kiefer noted that District 4 includes Morse Chain, what
does District 5 cover?
® Supervisor Desch responded that District 5, which includes the new one
million gallon reservoir, is primarily for the future, District 5 adds
no new customers; its only a tank.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
CONSIDERATION OF LOCAL LAW GOVERNING UNSAFE BUILDINGS
Proof of posting and publication notice of a Public Hearing to
consider the adoption of a Local Law governing Unsafe Buildings having
been presented by the Town Clerk, the Supervisor opened the public
hearing.
�J
n
LJ
Town Board Minutes -10- September 12, 1983
Supervisor Desch asked the Clerk where the version of the local law
for consideration is. No one had it. Councilwoman Kiefer reminded
him that it went from Codes & Ordinance to the Town Attorney for legal
review; she said apparently it is still there. She cautioned about
rescheduling another hearing until we can be sure we will have the
language ready.
RESOLUTION NO. 130
Motion by Supervisor Desch; seconded by Councilman Jennings,
RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns
the public hearing on Unsafe Buildings until 7:00 P.M., on October 3,
1983.
(Desch, Kugler, Raffensperger, McPeak, and Jennings voting Aye. Nays
none. Abstaining - Kiefer).
VEHICLE PURCHASES
4
Town Engineer Fabbroni handed out the Town of Ithaca inventory list of
highway machinery and equipment and reported that it is time for
routine purchase of a salt/cinder spreader but in addition one of the
pick-up trucks is not fit for the road for many more days. He went on
to say that by purchasing a automobile we will be able to free up a
pick-up. He stated that he is hoping to purchase a used automobile.
Councilman Kugler remarked that he worried about purchasing used
vehicles because of what salt does to the bodies.
Town Engineer Fabbroni responded that that was the problem with the
175 Ford and they have learned since they purchased vehicle #9 and #10
that if the vehicles are not housed in a heated garage they do not
rust as fast, He went on to saythat it was necessary to rent a car
for two months this summer for te-survey crew and that he hadn't had
a truck available for his use for quite some time.
Supervisor Desch remarked that flexibility is limited when vehichles
are not available.
Highway Superintendent Robert Parkin reported that the highway crew
had been running around Town picking up parts, etc., with the
10 -wheelers because the Engineering Department field crews had all
their pick-ups.
Councilman Jennings asked why someone had not looked into the
possibility of leasing a vehicle for three or four months in the
® summer instead of tying up this amount of money.
Councilwoman Raffensperger stated that the difference between a good
® used car and a new small car was very small.
Mr. Parkin responded that an Dodge Omni would run between $7,000 and
$7,500 now.
Councilwoman Raffensperger added, and you are talking about $4,000 to
$5,000.
Town Engineer Fabbroni responded that he would love to have a new car
but for our needs he couldn't see it, we will only be putting on about
5,000 miles a year.
The Supervisor asked if anyone had any problems with the purchase of
two automobiles? No one was against the purchase of the two
automobiles.
RES01"UTION NO. 131
:_ LUUI"IC :. i.P.'Otii l,? ?:3,_ -f [I:Di r = 7
Town Board Minutes
-11-
September 12, 1983
WHEREAS, funds were appropriated in the 1983 budget for the
acquisition of Highway Equipment and Machinery, of which there now
remains unexpended the sum of $18,056, and
WHEREAS, the 10 -Year Highway Equipment Replacement Plan (HERP)
correctly shows the need to replace a 1974 salt/cinder spreader in
1983, and
WHEREAS, the 10 -Year HERP called for the purchase of an additional
cinder truck in 1982 with Town Board having resolved to delay such
® purchase indefinitely, and
WHEREAS, the.10-Year HERP calls for replacement of presently obsolete,
structurally and mechanically defective, 1975 double -cab pickup in
® 1983,
NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Ithaca
that the Highway Department be authorized to purchase and bid as may
be required by law from time to time as separate purchases, the
following:
1) A new salt/cinder spreader.
2) A new or used automobile for use of the Town Engineer and
parks personnel to free the use of Truck #10, a 1980 Dodge Club Cab
pickup, for highway department use.
3) A new or used automobile for use of engineering and
planning for field surveys, project inspections, and construction
management to free the use of Truck #8, a 1966 Ford pickup for peak
highway department use, e.g., sign replacement, parts pick-up and,
FURTHER BE IT RESOLVED, to trade-in or dispose of by sale, the 1975
double -cab pickup, and
FURTHER BE IT RESOLVED, that the gross amount of all purchases before
tradein not exceed $15,000 total.
Councilman McPeak asked how much the salt/cinder spreader would cost?
The Highway Superintendent responded $4,900.
Councilman McPeak remarked you are getting close to having enough
money left to purchase a new automobile.
Councilman Jennings asked what will happen to the cars on nights and
weekends?
® Town Engineer Fabbroni responded that he would park his in his garage
and Michael Ocello would park his car along side of his house.
(Desch, Kugler, Raffensperger, McPeak and Kiefer voting Aye. Nays -
® none. Abstaining - Jennings).
COUNTY YOUTH BOARD VACANCY
Councilman Jennings stated that he had been looking for some time for
someone to replace him on the County Youth Board. John Doris has the
qualifications and will make an excellent reprsentative for the Town.
Mr. Doris is project director for NYS training institute for child
protection services.
RESOLUTION NO, 132
Motion by Councilman Jennings; seconded by Councilman Kugler,
RESn:LVE:D, that the Town Board of the Town of Ithaca hereby appoints
aS
COl1nt Y n
C. Lec t
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Town Board Minutes -12- September 12, 1983
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
SET DATE FOR PUBLIC HEARING ON TV CABLE FRANCHISE
Councilwoman Kiefer stated that the Committee suggest setting the
public information meeting for 7:00 P.M., on September 26, 1983.
Supervisor Desch said his suggestion of 6:00 P.M., was because of the
® Commission meeting the same night and he and Councilman Kugler would
have to leave early. He suggests 6:30 P.M.
Councilwoman Raffensperger reminded the Board that the hearing was not
a Public Hearing but an Informational Public Hearing,
Councilwoman Kiefer said. she would rather have the hearing set for
6:30 P.M. rather than 6:00 P.M.
RESOLUTION NO, 133
Motion by Councilwoman Kiefer; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca will meet and
conduct an Public Informational Meeting at 6:30 Pam., on September 26,
1983 to consider amendments to the TV Cable Franchise.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
CONSIDERATION OF ADOPTION OF NEW ZONING LAW
i
Supervisor Desch said the scheduled Public Hearing on the Zoning.
Ordinance would not be held since the legal review is still not
complete. He asked Town Attorney James Buyoucos for his predictions
as to when the Zoning Law would be ready for the Board's review.
Town Attorney Buyoucos stated that he did not have a prediction; he
went on to say that if he didn't have the Commonland Agreement and the
Professional Building Agreement he could work on the Zoning Law.
However, he has already turned over three things to other people.
Councilwoman Raffensperger stated that she felt the scheduling of a
public hearing for the first meeting in December was a realistic date.
RESOLUTION NO, 134
Motion by Supervisor Desch; seconded by Councilwoman Raffensperger
® ,
RESOLVED, that the Town Board of the Town of Ithaca hereby adjourns
the public hearing on the new Zoning Law until 7:30 P.M., on December
® 12, 1983.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none) .
NEWSLETTER
Supervisor Desch stated that the draft Newsletter was complete. He
stated that the Board members also had a copy of the TV information
that the Cable TV Committee wished to have added to the Newsletter.
He went on to say that all the material presented will not fit on the
two pages. He felt that the information on the Fall Clean-up was
critical, the paragraph on the Water Commission was semi -critical,
water .meter reading information was critical and the the information
�r - Town Budget was also important.
Town Board Minutes
-13-
September 12, 1983
Councilwoman Raffensperger questioned if most of the TV Cable
Franchise information that was written for the Newsletter would not be
presented at the Informational Public Hearing and therefore, it would
be redundant. She stated that she felt information on the Burns Road
project was critical. She also thinks anything longer than two pages
won't be read.
Councilman Jennings remarked that he has seen no statement on the long
range plans for parks and next year is the final year of the 10 -Year
Plan.
Councilwoman Raffensperger stated that she planned to ask the Town
Board to hold a Public Hearing in February on the plans for the coming
year.
® Councilwoman Kiefer stated that she felt it was an interesting
Newsletter as it stands, she wondered about a separate special edition
of the Newsletter just on the TV Cable Franchise,
Supervisor Desch suggested that the articles on the Sewer Plant, Bond
Sale and landscaping could be removed and the article on the
Commission Budget shortened.
Councilman Jennings asked how many copies of the Newsletter get sent.
The Town Clerk said 3,400 @ 9.51 she stated that she believes four
sheets of paper can be sent at the rate. Councilman Jennings stated
that he didn't see any reason to cut out any of the articles. He
suggested that the two page Newsletter be sent and that the
information on the TV Franchise be edited to fit into an additional
two pages. He went on to say that there should be an article on the
proposed use of revenue sharing, particularly the money to be used for
the proposed fire station.
Councilwoman Kiefer ageed to edit the TV article into two sheets and
turn it in by Wednesday, September 14,
REVIEW OF FINDINGS AND DECISIONS FOR BURNS ROAD FEIS
Councilwoman Raffensperger stated that she could not find a single
word in the Statement of Finding about intersection improvement.
Supervisor Desch suggested rewarding Finding #1 to include this.
Councilwoman Kiefer stated that she felt Finding #3 should acknowledge
who stated that the bridge needs repair.
is Town Engineer Fabbroni responded that we spoke to the State
Inspectors..
® Councilwoman Kiefer suggested adding that source of information to #3.
Councilwoman Kiefer then questioned #8, asking how the City had
I
ndicated their intent?
Town Engineer Fabbroni responded, verbally by the Superintendent of
Public Works,
Councilwoman Kiefer suggested adding the attribution to the source of
information to #8.
Councilwoman Kiefer handed out a memo to the Board members suggesting
the wording' be changed to say Town action is contingent upon
affirmative action by Common Council because of the impact on the
City's 60' dam.
Town Board Minutes -14 September 12, 1983
Town Engineer Fabbroni responded that this is not a black and white
option.
Councilwoman Kiefer stated that she still has an uneasy feeling, she
still thinks it would be prudent to include references to this
possible impact.
RESOLUTION NO, 135
Motion by Councilman McPeak; seconded by Councilman Jennings,
The following statement of findings has been prepared pursuant to the
New York State Environmental Quality Review Act (SEQRA). These
findings have been prepared by the Town Board of the Town of Ithaca,
® acting as lead agency in the environmental review of the Burns Road
realignment proposal. A draft environmental impact statement on this
project was filed on July 11, 1983, the final environmental impact
statement was filed August 29, 1983. These findings shall be on file
in the offices of the Town Clerk and Town Engineer,
FINDINGS:
1. The present alignment of Burns Road and its intersection.with
Slaterville Road are traffic hazards and endanger the safety of
travelers.
2. Accident statistics collected from the Tompkins County Sheriff's
l4Ne'C11TRO.uVW1F.*'• .. ....+�....aRr.-e.. _ _
office state that of 12 accidents occurring on Burns Road from
1980 to 1983, 7 took place on or approaching the bridge crossing
the Six Mile Creek,
3. The existing bridge over the Six Mile Creek is in serious need of
repair as indicated on site by State Inspectors and will be
rebuilt by Tompkins County,
4. Given that the bridge needs to be rebuilt, it makes a great deal
of sense to relocate the road so that the approaches to the new
bridge are as safe as possible.
5. The Town Engineering staff has prepared an alignment which
provides for smooth vertical and horizontal curves approaching a
new bridge across the Six Mile Creek,
6. This alignment will be considerably shorter and straighter than
the existing road.
7. The embankments for this roadway can be constructed largely.from
native material. This will reduce the cost of the project and
® eliminate the need to truck in large quantities of fill.
8. This new alignment will cross lands presently owned by the City
of Ithaca. The Superintendent of Public Works has indicated
orally the City's intent to exchange rights -of -ways with the Town
in order to maintain a driveway to their siltation pond and
police department firing range.
9. The Town has conducted a thorough environmental review and
distributed a draft environmental impact statement to all.
affected agencies for their comment.
10. Comments have been received from several interested parties and
have been incorporated in a final environmental impace statement.
11. The concerns of all interested parties have been given due
consideration in the preparation of this F/EIS.
12 . Given the m_l.ti gation and revegetation measures outlined in tlir
"he eO t ti" g
�LYc �.i- it) -71d, :<�li nm:�;. _ c_:i, I,., r• ;, � l
Town Board Minutes -15- 1 September 12, 1983
RESOLVED, that the Town Board of the Town of Ithaca has determined
that it is in the best interest of the people of the Town and in
keeping with the Highway Master Plan an the Comprehensive Plan of the
Town to accomplish the upgrading of the Burns Road corridor, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Ithaca
hereby accepts the statement of findings presented for the Burns Road
Relocation Final Environmental Impact Statement and hereby directs the
Town Engineer to complete the construction documents and upon receipt
of the Lettter of Intent of the City of Ithaca expressing their
® concurrence with the exchange of lands to commence construction of the
project.
(Desch, Kugler, Raffensperger, McPeak and Jennings Voting Aye. Nays -
® none. Abstaining - Kiefer).
PROPOSED USE OF REVENUE SHARING FUNDS
Proof of posting and publication notice of a Public Hearing to
consider the proposed use `of Revenue Sharing Funds having been
presented by the Town Clerk, the Supervisor opened the public hearing.
Supervisor Desch reported on the following revenues and proposed
usages:
REVENUES
Interest earnings $ 11,400
*Reallocations 25,000
New entitlement (1984) 90,600
Total $127,000
*Balance from the East Ithaca Circulation Project that will not
be needed for the next 2 - 3 years.
PROPOSED USE
Records Restoration $ 2,000
Highway Barn Insulation 5,000
In-house Computer 15,000
Drainage 15,000
Burns Road/Slaterville Road 25,000
South Hill Fire Station 65,000
Total $127,000
® Councilwoman Raffensperger questioned the amount of $250,000 that is
estimated to be the cost of the fire station what would be included?
Supervisor Desch responded, eight bunkers and a meeting room.
Councilwoman Raffensperger asked if this would be shared with an
else? yone
Supervisor Desch responded possibly, however, we have come to the
conclusion that a fire station is needed with or without City help.
Councilman Jennings added, it sounds like a lot of money but it is
not.
Supervisor Desch added that it depends on the site. We should know
the total amount to be spent well before the $65,000 figure is spent.
Councilwoman Raffensperger stated that she was a little uncomfortable
al"_ocating $65,000 for a project that we do not have a total figure
.. 1
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Toxin Board Minutes -16- September 12, 1983
Supervisor Desch responded that he was pretty confident there would It
be any land acquisition cost. He went on to say that the $65,000
would complete the design work.
With respect to a South` Hill Fire Station, Councilman Jennings
reported the estimate is $25/sq, ft., so that we could get 10,000 sq.
ft. (100' x 100') for $250,000. He noted that if there is heavy
insulation, the cost would be $30-35/sq. ft..
With respect to In-house computing, Councilman Jennings stated that of
the $151,000, approximately 1/3 is for software. Heremarked that he
and Councilman Cramer had met in May and felt thiswas an appropriate
amount, but many things can happen to change this. They wish not to
move on this till February or March because of the fast -changing
market.
Town Engineer Fabbroni added that there were some questions of support
services for software; this prompted us to ask Albany for their
opinion of what was needed.
Councilwoman Kiefer suggested putting more dollars into Records
Restoration if it's been working well to date.
Supervisor Desch said it has, but he doesn't.know if that would burden
Dr. Blauvelt,
Supervisor Desch closed the public hearing, noting that we will now
proceed to put the numbers into the budget.
SET DATE FOR PUBLIC HEARING ON AMENDMENT TO THE LOCAL LAW ON SENIOR
CITIZENS EXEMPTION
RESOLUTION NO, 136
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 8:15 P.M., on November 10, 1983 to
Consider an amendment to the Local Law on Senior Citizens Exemption.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none) .
SET DATE FOR PUBLIC HEARING ON SUBDIVISION REGULATIONS
RESOLUTION NO. 137
® Motion by Supervisor Desch; seconded b Councilman loran Kugler,
RESOLVED, that the Town. Board of the Town of Ithaca will meet and
conduct a Public Hearing at 8:30 P.M., on November 10, 1983 to
consider the adoption of Subdivision Regulations.
Planner Lovi commented that there was a notice to do this in May,
1983, and it has come up since then. He suggested it would be useful
to deal with this even before the Zoning Ordinance,
Councilwoman Kiefer asked if the legal review will be done in time for
us to have the revised Subdivision Regulations before a November
hearing. She reminded the Board of the unnecessary expenses for all
the legal ads for Zoning Ordinance hearings which have had to be
repeatedly adjourned.
Town Clerk Swartwood reported that Codes & Ordinance Chairman Cramer
succests a November hearing.
L' Z
Town Board Minutes -17- September 12, 1983
TOWN OF ITHACA WARRANTS
RESOLUTION NO. 138
Motion by Councilman Jennings; seconded by Councilman McPeak,
RESOLVED, that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated September 12, 1983, in the following
amounts:
General Fund _ Town Wide ................:.....$ 24,614.36
General Fund Outside Village .......... .....$132,200.25
Water & Sewer Fund ............................$ 76,440.46
Highway Fund..................................5 78,988.27
Lighting Districts. Fund .......................$ 230.83
Parks Reserve Funds ...........................$ 11,637.79
Fire Protection Fund ..........................$ 72,054.00
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
BOLTON POINT WARRANTS
RESOLUTION NO. 139
Motion by Councilman Kugler; seconded by Supervisor Desch,
RESOLVED, that the Bolton Point Warrants dated September 121 1983, in
the Operating Account are hereby approved, in the amount of
$545,510.86 after review and upon the recommendation of the Southern
Cayuga Lake Intermunicipal Water Commission, they are in order for
payment.
(Desch, Kugler, Raffensperger, McPeak, Kiefer and Jennings voting Aye.
Nays - none).
ADJOURNMENT
The meeting was duly adjourned.
1