HomeMy WebLinkAboutTB Minutes 1975-04-14 TOTIN OF ITHACA
REGULAR BOARD MEETING
April 14 , 1975
At a regular ' meeting of . the Town Board of the Towr , of ItYiaca , Tomp-
kins County , New York , held at the Town of Ithaca : Offices at 126 . East
Seneca Street , Ithaca , New York, on the 14th day, of April , 105 at
5 . 00 p . m . , there were
PRESENT *
Walter J.i Schwan , Supervisor .
Andrew We Md 1wee , Councilman
Noel Desch ; Councilman
Victor Del ' Rosso , Couh6 loran
Robert N . Powers , Councilman
ALSO PRESENTa
Lawrence P.. Fabbronl , Town ; Engineer
Barbara Holcomb , Planning . $oard Chairwoman
Robert Perkin , Highway Superintendent
James V . Huyoucos , Town Attorney
Maurice Dusky , Agent , Ellis Hollow Apartments
Willis Hilker
Beverly Livesay , County Representative
Rocco P . Lucerite
Robert Sprole , President ; Therm , Inc .
Robert Schwarting , Park Lane
Radio , TVy and Press
WATER AND SEWER SURCHARGE REFUND
It appeared that a delinquent water and newer surcharge of
James Dunston , 210 Eastern Heights Drive , Parcel No . 57 - 198 . 104 ,
which was added to the 1975 tax roll was paid by Mr . Dunston , and
that the same charge was paid again , inadvertently , over the counter .
Therefore , Mr . Dunston is entitled to a refund in the amount of $ 5 . 48 .
Motion by Supervisor Schwan ; seconded by Councilman Desch ,
RESOLVED , that a refund of $ 5 . 58 , representing duplicated water and
sewer surcharge payment , be made to Mr . James Dunston , 210 Eastern
Heights Drive , Ithaca , New York , on Parcel No . 57 - 1 - 8 . 104 .
Unanimously carried .
PROPOSED ACCESSORY BUILDING THERM , INC .
Barbara Holcomb , Planning Board Chairwoman , illustrated
with map a proposed small addition to the existing Therm , Inc . ware -
house . She said this proposal was approved by the Planning Board
Out since it is in an industrial area it requires also the approval
of the Town Board .
Notion by Councilman Desch ; seconded by Councilman P4cElwee ,
RESOLVED , that the Town Board hereby approves the proposed addition
to the existing warehouse of Therm , Inc . , as indicated on map pre -
sented to and reviewed by the Board .
Unanimously carried .
O ' KALLEY ( BEAUJOLAIS ) RESTAURANT SIGN
I-Ira Fabbroni , Town Engineer , presented to the Board for their
review an illustration of the proposed sign for O ' Malley,' s Beaujolais
Restaurant , 602 Elmira Road , Corner of Rt . 13 and 13A . The sign is
16
fee f sQuare and is 15 feet from the edge of the road . When the
Planning Board recomm nded approval of the sign they recommended a
Town Board Minutes - 2 - April 14 , 1975
variance from the sign ordinance . The sign is in the light in°
dustrial area , lland , therefore , must be approved by the Town Board .
The only question with regard to this sign is that it does not
meet the s9±j2azkzAqu„_. r me ts . With respect to the edge of the
road the . O ° Mallley sign may be about the same as the Hill rook Bread
store And n 1 '1s rocery sto.re , but with respect to the right o
way there is trouble with the setback . The ordinance says " from
the edge of the right of way . M Fabbroni said , in his mind , the
sign sufficiently set back from the road not to cause any prob-
lems . _ Councilman Desch said the record should show the basis for
any exception which might be made . Mr . Buyoucos said the ordinance
could not be amended without a public hearing . Supervisor Schwan
said the Board does not intend to amend the ordinance . Mr . Fab-
broni said the �Planning Board was recommending zt to the Town Board
as a vaXr ', ce , ilthat it was not in their province to approve it .
Mr . Buyoucos questioned where Mr . O ' Malley would get his relief ,
since exceptions and permits are only granted in accordance with
law . Mr . Desch repeated that what is needed is an official record ,
a resolution ok the Town Board .
Mr . Bu�loucos noted , from the discussion , there appeared
to be a gap , in {the sign ordinance . He recommended sending a let -
ter to Mr. O ' Malley ( 1 ) to advise him that the sign ( which has
already been erected ) is�i,algga1 , and ( 2 ) to advise him that a
Pub-li hearing ;will be held . to determine whether the Town Board
will approve the location of the sign as indicated on the illus -
tration used by Mr . Fabbroni . There is no provision in the ordi -
nance ; he said , l as to what happens if a var� i_ anc
_ e is requested .
It is then a question of gettina a n from the Town Board .
If the request is d n ; d , there are remedies at law , an appeal to
the State Supreme Court , for example .
Supervisor Schwan asked why it is necessary to have a pub -
lic hearing . H11r . Buyoucos did not think it was formally necessary
but in view of jthe gap in the ordinance he would recommend it . The
framework for an appeal to the Zoning Board of Appeals does not
cover this case .
Councilman McElwee recommended including an appeal ro-
cedure in the ordinance .
PP P
After the discussion , the Board acted as follows *
Motion by Supervisor Schwan $ seconded by Councilman Desch ,
RESOLVED , that 'a public hearing be scheduledfor May 12 , 1975 at
7 * 10 p . m . , pursuant to an application from Robert O ' Malley for a
permit to erectla sign for O ' Malley ' s Beaujolais Restaurant on the
Elmira Road , which sign does not comply with the setback require-
ment in the Town of Ithaca sign ordinance , and ' to hear all persons
for or against "the issuance of such permit .
Unanimously carried .
NATIONAL FLOOD °INSURANCE PROGRWul
Town Attorney Buyoucos presented for the Board ' s considera -
tion a preparedl! resolution scheduling a public hearing on proposed
amendments to the Town ' s Zoning Ordinance , which amendments must
be adopted to make a municipality eligible for ` the National Flood
Insurance Program . Certain areas of the Town must be designated
as flood areas , pflood plain areas , flood prone areas , flood pro -
tection areas . This designation is done by the Federal government .
There must alsobe designation of types of construction materials
which will be used to protect all kinds of construction from the
hazards of flood * The Town of Ithaca must establish elibibility
or its residents will be unable to get home mortgages nor will they
be able to get insurance . Mr . Fabbroni noted that at this time
the requirements and amendments will be only of a general nature .
11
4
Town Board Minutes , 3 April 14 , 1975
After the - discussion , the Board acted as follows °
Motion by Supervisor Schwan , seconded by Councilman McElwee ,
op I
RESOLVED , that . 'a Public Hearing be held at . the Town Hall ,
126 East Seneca Stieet :- Ithaca , New. l&r'k , on May 12 , 1975 , at 7 .* 00
P . M . to consider proposed amendments .. to the Town of Ithaca Zoning
Ordinance . Such amendments shale beeadditions to the existing Town
of Ithaca Zoning Ordinance to establish and maintain eligibility
for the Town of Ithaca , , 3. ts residents , and property owners , to re -
ceive benefits ';� in ; thd , National Flood Insurance ' Program . Amend °
ments will consist ; n ', , general ... 6f " additions to ( 1 ) Article I ,
Section 1 , to include ris befinitio for . Flood or Flooding , Flood
Plain or Flood � Pro; e Areas , Flood Plain Management , Floodproofing ,
Special Flood Hazard Area , Structure . and -Alteration ; ( ii ) to
Article II , Section 2 , designating and adding Special Flood Hazard
District , ( iii )' to Article XII , Aection 55 , adding a Special Flood
Hazard District 86 ' the most restY` ict v use , Uv ) to add a new
Article XV , entitled Special. Flood `Hazard District with sections
on purpose ard ''jntent , n6n4liabilityrof Town , permit requirements
for alterations ; establishment of areas and area regulations in -
cluding Official Mip , Appeals , Map D4odification and Special Flood
Hazard Areas covering land use types and construction methods and
material .
The amendments will include , among other provisions : ( i )
the designation of certain areas in the Town as Flood Plain Plain ,
Flood Prone and Flood Hazard Areas or Districts and ( ii ) thegre -
quirement of particular types of materials , construction andtaork-
manship for the construction , alteration , repairs and Additions to
buildings , existing water and sewer mains , and , other improvements
and structures ;, and topography in certain areas to protect all of
them from the Hazards of floods . A copy of the proposed amendments
is available for inspection at the Town Hall , 126 East Seneca Street ,
Ithaca , New York .
Unanimously carried .
ROCCO LUCENTE DEVELOPMENT
SHARONEIOOD DRIVE AND PINEWOOD PLACE
A'
The Board reviewed site plan of Mr . Rocco Lucente ' s
proposal for the development of Sharonwood Drive and Pinewood
Place ( Salem Drive , Birchwood Drive , Sycamore Drive ) . Mr . Lucente
requested the Town of Ithaca to issue building permits prior to
the acceptance ',, of Sycamore Drive , Birchwood Drive , and Pinewood
Place as Town streets . After considerable discussion , it was
agreed that anlagreement would be drawn up between Mr . Lucente
and the Town of Ithaca outlining the condition's under which the
Town of Ithaca 'iwould be willing to issue such permits . Among
other contemplated conditions were the following .* ( 1 ) that Lucente
will agree to complete all of the streets prior to October It 197511
( 2 ) that Mr . Lucente will furnish a performance bond or a letter of
credit in the amount of $ 17 , 000 to assure performance under the
contract , and ( 3 ) that Lucente will save and hold harmless the
Town of Ithaca from losses of any kind arising out of the condi -
tion of any uncompleted portion of any of the streets in question .
PERSONS TO BE HEARD
Robertfii. Schwarting , Park Lane . Mr . Schwarting requested
that the Town look into the improvement of Snyder Hill Road . He
reported that the edge of the road is breaking off , the shoulders
are settling or washing out , that there are deep ditches along the
road , and all in all a hazardous situation . He requested a re -
building program ( similar to the work undertaken by the County on
Pine Tree Road ) , including also pedestrian paths and bike paths .
There was some Iconcern on the Board as to the Town ' s liability
in the case ofia pedestrian path along the road since cars could
slide into pedestrians . It was agreed that Mr . Fabbroni would
jl
Town Board Minutes ` ` e
4 . April 14 , 1975
make a recommendation with respect - to Snyder Hill Road at the
June meet n.1 , of the Town Board , ,,-, It, was further agreed that he
would make ah 'inventory of all Town roads , their general condi -
tion , the ", culverts , shoulders , fea $ ibili.t of
sewers , the need for , same y Putting in storm
, . it , possible. pedestrian paths and bike
paths . It was agreed, that this inventory: and report would not
be available until • August .
sit
HOLIDAYS
ANb .
VACATIONS,
L
Highway Superih'tendent Pik"
dr. kin` requested that Highway
Department ... employees , after 20 Mears; ;, of service , , be eligible for
one month ' s' vacation . "Ihe.. Board egreed that Pit- : . Parkin should
survey what other highway fdepartments in _Tompkins County are do -
ing and report to the oard at . Aid next meeting .
x
Su pervisor � Schwan reportad that , the office staff had
requested two addit1 oria +`
o
�_ hlidays zThey now have six . The
Highway Department , has ' di ht . the Board agreed that the office
staff and
".
ighway De " ent employees ought; to be on the same
vacation schedule .
;:
Motion by Supelrvisor Sc"n , seconded by Councilman McElwee ,
RESOLVED , that two additional holidays . be added to the six holi-
days now taken by the Town of Ithaca office staff - - Washington ' s
Birthday and Veterans Day .
Unanimously carried .
YOUTH BUREAU SERVICES
BETWEEN CITY OF ITHACA AND RTOWN NOF ITHACA
Supervisor Schwan requested authorization to sign the
Youth Bureau c„ontract with the City of Ithaca when it is ready .
At the presenttime there is no firm contract .
Motion by Councilman Desch ; seconded by Councilman Powers ,
RESOLVED , that the Supervisor be authorized to sign the Youth
Bureau contract with the City of Ithaca when it is prepared and
presented by the City of Ithaca , with the stipulation that the
Town of Ithaca shall budget from tax revenues the same amount for
Youth Bureau services for 1975 as was paid in 1974 , plus addition-
al State Aid received becausle_ of ' fhe ' change in the State '. @ formula .
After further discussion , the motion was tabled pending
receipt of firm figures from the City of Ithaca .
DOG CONTROL ORDINANCE
Town Attorney Buyoucos provided the Board with a proposed
Dog Control Ordinance for their study . It was agreed that the
Board would study it and report at the next Board meeting .
TOWN OF ITHACA PROPOSED PARK POLICY
Barbara Holcomb , Planning Board Chairwoman , distributed
copies of park policy prepared by the Planning Board to the Board
members for their review . The Board agreed to schedule a study
meeting for Monday noon , April 28 , 1975 to go over the ark
recommendations proposed g P policy
It was agreed:thatn proposed oamendments Ctotthe Town nofc Ithaca eSi • ,
Ordinance would also be studied at the April 28th meeting . gn
Town Board Minutes - 5 = April 14 , 1975
TRIAL BUS SERVICE
ELLIS HOLLOW ROAD APARTMENTS
Mr . Fabbroni ` provided the Board with material for review
regarding a trial bus Service for the residents: of the Ellis Hol -
low Road Apartments , schedule , pick -up points . With regard to
pick-up points Councilman . # Desch suggested that there would be a
need to see that people . have good footing and possibly shelter to
make sure of the safety Of the pick -up points .
.
Barbara Holcomb repbrted thai ' the City of Ithaca had
adopted a resolution " directing the M yor and the City Attorney
to enter into a contra '
ct :,41th the Town of Ithaca for a four month
trial bus run ' from the Central Business District to Ithacare and
out into East Ithaca ' and : the Ellis Hollow Elderly Housing Project
That resolution indicates :di at any - deficit sustained. in the bus run
would be shared60 % by the-., T �wn and 4d � by the City ; . that the run
would start on May 5 1975:.,. and rur , until August 29 , 1975 ; $ 1 , 417 ° 29
being set as the maximum defieit jWhidh the ' Town might be required
to share ° Mro Fabbroni �ridicated . that Groff Associates are : wil -
ling to share 50 - 50 with the . Town the Town ' s share of the deficit ,
Mrse Livesay suggested that the Town might look into
whether . State ' or Federal operational funds are available for
this transportationo Mro Fabbroni did not believe Federal . or
State funds were available for a trial arrangement like this one .
Mrs , Livesay suggested , however , that it should be looked into
based on possible permanent service in the futures
After the discussion , the Board acted as follows :
11 Motion by Supervisor Schwan ; seconded by Councilman Powers ,
WHEREAS : ( 1 ) The Town Board , as the governing body of
the Town of Ithaca , has an interest in promoting public transporta -
tion to and from the downtown business area and the Ellis Hollow
Road area and ( 2 ) the City of Ithaca , which operates a public trans -
portation system has agreed by Resolution of the Common Council of
the City dated April 9 , 1975 , to extend the City Bus System on a
trial basis for a period of 17 weeks beginning May 5 , 1975 , along
the route and '' on the terms set forth in said City Resolution , a
copy of which' is made a part hereof , and ( 3 ) the Town Board is
ready to enter into an agreement with the City to accept and par -
ticipate in the offer of the City to provide such transportation
on a trial basis in order to promote the public interest by en-
couraging public transportation and ( 4 ) the Town of Ithaca , in
addition , as Supervising Agency of Groff Associates , encourages
the proposed1route as a remedy for the failure of Groff Associates
to provide private transportation for the occupants of the Ellis
Hollow Apartments for elderly persons ,
IT IS RESOLVED that :
le The Town Board agrees to accept the offer of the City
Id to provide such transportation on a trial basis according to the
general provisions appearing in the said City Resolution adopted
by the City on April 9 , 19750
20 The Town Board directs the Supervisor to negotiate an
agreement with the City with the aid of the Town Attorney to carry
into effect the provisions of said City Resolution , substantially
as set forth ; in said City Resolution or as they may be reasonably
modified by the Town Supervisor to effect the purpose above stated .
3e The Town Board determines that there is a need for
public transportation in the geographic area described above and
that the proposed transportation system will serve a public pur -
pose and hereby authorizes the expenditure of public funds as set
i
Town Board MinIutes - 6 - April 14 , 1975
forth in saidi;City Resolution and the Town Board further deter -
mines that Groff Associates shall contribute 50 % of the Town ' s
IL
share as hereinabove set forth , it being understood that the
Town ' s obligation hereunder is to pay a percentage of the deficit
incurred in the operation ' f ' the transportation system under said
agreements and the said City Resolution , and this Resolution .
4 . The Town does not Assume any responsibility or lia -
bility arising out of the operation of said transportation system .
The Town shall have no obligation other than to pay the full share
of the deficit which it is obligated to pay under the said City
Resolution and the City has no responsibility to collect any such
deficit from any person or agency other than the Town of Ithaca .
5 . The Town hereby grants permission to the City of
Ithaca to operate the transportation system over the routes desig -
nated in the City Resolution for the duration of the trial period ,
and to receive and discharge passengers during such period .
Unanimously carried .
Following is the City of Ithaca resolution adopted on April 9 ,
19750
" RESOLVED ,, That the Mayor and Attorney on behalf of
the City be directed to enter into a contract with
the Town of Ithaca for a ( 4 ) four ' tnonth trial bus run
from11the Central Business District to Ithacare and
out into East Ithaca and the Ellis Hollow Elderly
Housing Project .. Said contract to include deficit
costs to be shared 60 % by the Town and 40 % by the
Cityl Establishment of said bus route for ( 2 ) two
round trips ( 3 ) three times weekly and notification
of such by B . PaTkT . , trial run is contingent upon Town
agreement and completion of arrangement with Ithaca
College for use of Valentine Place extension . Said
run to start on May 5 , 1975 and run until August 29 ,
1975a fares to be same as rest of transit system and
funds totaling $ 1 , 417 . 29 to be included in contingency
fund " in final budget . "
In connection with and in implementation of all the fore -
going , the Board acted as follows .
Motion by Supervisor Schwan ; seconded by Councilman McElwee ,
WHEREAS : By Resolution adopted at this meeting of April
14 , 1975 ? the � Town of Ithaca has agreed to finance a percentage
of any deficit which may be incurred in the operation of a public
transportation route by the City of Ithaca as therein stated , for
a period of 17 weeks beginning May 5 , 1975 , on �. a trial basis , and
which will provide certain bus service on certain days for resi -
dents of the Ellis Hollow Apartments , as well as other members of
the public , and
I�
WHEREAS : Groff Associates , and their successors , are
obligated , inpthe absence of public transportation , to provide
transportation for the elderly occupants of the project to and
from the project and the downtown business section of the City of
Ithaca ,
NOW , THEREFORE , IT IS RESOLVED :
1 . That Groff Associates shall be obligated to pay 50 %
of any deficit for which the Town may be liable under the afore -
said Resolutions and Agreements .
Town Board Minutes 7 - April 14 , 1975
2 . That the Town Supervisor with the assistance of the
Town Attorney shall negotiate an . agreement to implement the fore -
going and to r' e'ceive from Groff Associates such payments , deposit
Of funds , in advance , or other security which will secure the pay -
ment by Groff .Associates of its obligation hereunder . Upon com-
pliance with the foregoing , including the execution of the agree-
ment and the deposit of necessary funds by Groff . Associates , the
Town Attorneys ; authorized to inform all parties concerned that
his letter of March =l8 , 1975 advising of the cancellation of the
Certificate of , Occupaficy issued to Groff Associates is withdrawn .
3 . That nothdontained in this Resolution or any action
taken by the Town thereunder shall be : deemed in any way to amend
or modify the oblgation .. of . Groff Associates , or their successors ,
in the operation and management of the Pi6ject from the continuing
liability to p 'r' ovide transportation t6 Pal na from the Project and
downtown Ithaca whenever Public Transpdrtation is not available .
Unanimously carried .
After the adoption o the resolutions , Supervisor. Schwan
noted that the ; City of :. Ythaca will Ceop . an account of the number
of riders so that informatiofi will - be : available as to how much
use is made of the system .- Counciliinari Del Rosso said , in addi -
tion to the number or i1d6ts ; it would be important to known who
the riders are'; - - whethe It . '. is : people on the street ,
or the elderly; . Mr . Fabbroni Ahdicated he would make a sampling
by riding the °bus from time to time .
RECIPROCAL TAX EXE14PTXON
CITY OF ITHACA-TOWN OF ITHACA
n.
At its meeting on March 10 , 1975 the Town of Ithaca
adopted a resolution to effect mutual tax exemptions between
the City of Ithaca and the Town of Ithaca , reducing same to
zero reciprocally . However , the City of Ithaca ' s taxable status
„ date was March 1 , 1975 , making it impossible -to effect this change
for 1975 taxes . Therefore , the Board acted as follows *
I
Motion by Supervisor Schwan ; seconded by Councilman McElwee ,
RESOLVED , that the resolution adopted by the Town of Ithaca at its
meeting on March 10 , 1975 , whereby the Town agreed to reduce the
City ofkIthaca ' s tax assessment on properties within the Town of
Ithaca to zero if the City would reciprocally reduce the Town ' s
tax assessment on properties within the City to zero , shall take
effect on the ; next filed= assessment roll after January 1 , 1976 .
Unanimously carried .
APPROVAL OF TOWN OF ITHACA WARRANTS
Motion by Councilman McElweeo seconded by Councilman Del Rosso ,
RESOLVED , that Town of Ithaca warrants dated April 14 , 1975 in the
folloiwng amounts ,, be approved *
I
General Fund p C C y $ 383 , 657 . 75
Highway Fund . . y Y c 0 0 16 , 055 . 62
Water and Sewer Fund . Y u 3 , 336 . 36
Unanimously carried .
APPROVAL OF BOLTON POINT WARRANTS
jr I
Motion by Supervisor Schwano seconded by Councilman McElwee ,
RESOLVED , that Bolton Point warrants , dated April 14 , 1975 , in
the amount of $ 407 , 788 . 18 be approved , the said warrants having
been recommended for payment by the Southern Cayuga Lake Inter-
municipal Water Commission .
Unanimously carried .
Town Board Minutes - 8 - April 14 , 1975
REPORTS OF TOWN OFFIChAL'S
Williams Glen Toad .. ; Mita . 1abbroinii reported that there is
about a 315 ft . portion o ` Williams Glen Road in the City of Ithaca
which is also unpaved .. , Vhe :: Town must go through thfit portion to
get to the approximately , 1 ; 000 feet to. be improved in the Town .
He reported that the City lad asked him to work up some cost fig -
ures . on the portion to ' be improved . within the City . . Mr . Fabbroni
distributed quantity and cost sheets on the portion in the City
for the Board ' s review : '�14 It -' appears the Cit would rent Town mach-
inery and supervision far- . the performance of the work on the por -
tion within the City ,.anclthe City to furnish the materials . This
was agreeable with the Board .
Walkway ph : Mitchell Street . The County has agreed to pay .
for the pipe and the Tovvn . wouild maintain - it . Supervisor Schwan
recommended that 14r : Fabbroni discuss this again with Mr . Howard
Stevenson , Tompkins County Highway Superintendent , and see if they
will maintain the pipe . The Town would prefer not to maintain
pipe on Count y !'Iroads . : ml Tabbroni will look into this further .
Storm Sewer , Judd Falls . h6ad . and McIntyre Place . Mr .
Fabbroni reported an attempt will be made to coordinate this with
the proposed : Town-Wide Sewer Improvement :
Bolton Poirit . Only problem $ till pending is financing
work of highway departments on the completion of the Bolton Point
road .
Town -Wide Sewer Improvement . Mr . Fabbroni reported that
the Town has been getting calls from residents in Forest Home and
on Slaterville " Road about location of proposed sewer lines . The
Board urged 14r1. Fabbroni to get the final design plans from 1ozier
Engineers , Inc ' . as soon as possible so that this construction year
is not lost . There also appeared to be a complication regarding
an approval from the Department of Environmental Conservation .
Supervisor Schwan will be working to resolve this matter .
Safer (Roads and Marking Program . Mr . Fabbroni reported
that the State of New York is engaged in a safer roads and marking
program . He Iias discussed with State officials the possibility of
funding to upgrade all traffic signs in the Town of Ithaca to meet
the requirements of the State vehicle codes and to replace exist -
ing signs which do not meet with the uniform traffic vehicle code .
Highway Superintendent Parkin has been conferring with Tompkins
County Highway Department officials to find out if the Town of
Ithaca is eligible for such funding . The Town has made applica-
tion for 90 % of funding .
Curbing for Planting Strip on East Hill Shopping Plaza .
NIr . Fabbroni noted that the curbing is needed to protect the
planting strip from cars backing over the plants and , in winter ,
to encourage plowing in a different direction . Mr . Fabbroni said
there TATas about $ 1 , 000 left in the escrow account and he requested .
authorization ' to use about $ 800 of this remaining excrow account
to install the curbing . The Board agreed Mr . Fabbroni could pro -
ceed with this .
Buttermilk Farms . : Mr . Fabbroni reported that Mr . Walter
Wiggins woul present to the Planning Board on April 15 , 1975 a
proposal for a cluster development of his barn at 1152 Danby Road .
Building Permits . Mr . Fabbroni reported that permits had
been issued for three homes , and three additions , totalling $ 112 , 500
0 n March .
i
Town Board Minutes - 9 - A r * 1 14 1975
p ,
Sign Ordinance° Mr . Fabbroni reported that the time is
approaching when the . three year time limit on billboards and non-
conforming signs . runs out : He said he and Mr . Metz will study
this and arrange ; for , notification and follow up with the owners
of billboards and noh - conforming signs ,;
` Meetinls ` with .Ciyic AS.sociations . Barbara Holcomb report -
ed meeting with Fast It `aca and Forest .Home Civic Associations .
She said both groups were ' well -prepared for the meetings and had
printed runouts foi those - in ' atte" dance . Airs . Holcomb distributed
copies of these to the Board members for their information . She
reported that111the' tlortheast Civic Association will be meeting in
June .
Ithaca Bikeway Study . Mrse , Holcomb reported that there
is a Landscape , Architecture groupat Cornell University who have
been doing a joint bikeway study . for the City of Ithaca and the
Town of Ithaca . . . They will report to the Planning Board on April
15th at 8 : 00 p . m.. The City of . Ythaca . Plann * ng Board and their
Environmental , Council will attend this meeting . Mrs . Holcomb said
everyone is welcome to Attend this meeting . i
Ellis Hollow Apartmgnts , Walkway . Airs . Holcomb noted that
the Town Board had discussion about whether the Town of Ithaca
could accept an easement for a ' walkway from the apartments to the
shopping areap that Attorney Buyoucos had written to the Depart -
ment of Audit ' and ' Contiol asking for an opinion and that the
Department of Audit and Control had advised him an opinion would
be forthcoming .
Federally Subsidized Summer Work Program . Mrs . Holcomb
reported that there is a Federal work project summer program ,
administered by Cornell University , for students working for non -
profit or governmental organizations , in which the Federal govern -
ment will fund 800 of the salary and the agency they work for 200 .
Under this arrangement the Town of Ithaca could hire summer help
for about $ 200 . 00 ( June , July and August ) and the Federal govern -
ment would pay the balance . , The Board urged Mrs . HolcoMb , to fol -
low up on this and take advantage of the program , having in mind
hiring one law student and one engineering and/or planning student .
1953 AC Loader . Highway Superintendent Parkin reported
that the Highway Department has an old 1953 AC Loader they would
like to dispose of . It was recommended that he advertise in the
Ithaca Journal for its sale .
Compensation Case . Mr . Parkin reported that one of the
Highway Department employees who was injured has been on compen -
sation for three weeks and it appears -his injury will keep him
off the job for about three months . Mr . Parkin inquired whether
there was any way the Town could make up the difference in his
wages between his regular salary and what he receives from compen -
sation . It did not appear there was any legal way for the Town
to do this . ' The ' Town has no authority to spend money for this pur -
pose .
Radio Communication System . Mr . Parkin reported he had
been advised , to consider changing the Highway Department communi-
cation system from AM to F12 . The Board, advised fill Parkin to look
into the cost of used equipment now , and also look into the cost
of a new system for the long run .
11 1
Soyring Matter . Attorney Buyoucos reported that the Town
is pursuing the Soyring matter of denial of a variance to split
their property into two lots or in the alternative obtain approval
for five dwelling units on the entire parcel . Soyring has appeal -
ed for a second time to the State Supreme Court .
i
Town Board Minutes - 10 . - April 14 , 1975
; Highway Superintendent Car . Mrs Parkin reported that
the car he is presently driving is a 1968 '; with 70 , 000 miles ;
it is eaten out with rust . He has already put in brakes , master
cylinder and gas tank and water pump . It appears now the trans -
mission is about to go as well as the Universal joint , and part
of the gear me6hanism has been lost . . He said . - he would like to
advertise for bids on a new 1974 or 1975 . ;> , The Board asked Mr .
Parkin to investigate the cost on State bid and local bid and get
estimates on gas mileage . Mr . Parkin noted he did not want to
use unleaded gas ,
Road Closing ( Stone Quarry load ) . Mr . Parkin asked what
It
Town policy was with respect to closing a road . appeared Mr .
Parkin had only to notify the Fire Department , Sheriff ' s Depart -
ment , and put a notice in the newspaper and notify the radio sta -
tions .
Memorandum „ of Understanding with . the Department of Environ-
mental Conservation . Mr . Parkin reported he ad in hand a prepared
memorandum of understanding between the Department of Environmental
Conservation of the ' State of New York for the period January 1 to
December 31 , 1 ;9750 , The purpose of the memorandum is to protect
the water resources of certain classified waters in New York State ,
Mr . Parkin said he needed a resolution from the Town Board to
authorize the Town Superintendent to sign the Memorandum of Under -
standing in behalf of the Town ' of Ithaca . The adoption of such a
resolution and the execution of the Memorandum of Understanding
would make it possible for the Highwa Department of the Town of
Ithaca to work' in the creeks without having to get a permit on
each occasion . ,° Supervisor Schwan read the proposed resolution in
full , and the ;;Board acted as followse
Motion by Councilman `McElweeo seconded by Councilman Powers ,
WHEREAS the Department of Environmental. Conservation of
the State of New York is responsible for the protection of the
water resources of certain classified waters in New York State
as set forth in Part III -A of Article V of the Conservation Law
and
WHEREAS this Memorandum of understanding between the
Department ofiEnvironmental Conservation of the State of New York
and the Town of Ithaca establishes an agreement of cooperation be -
tween the parties hereinafter mentioned for the administration of
this responsibility insofar as the Town is concerned ,
THEREFORE , BE IT RESOLVED that Walter J . Schwan is hereby
empowered to sign the attached Memorandum of ' Understanding in be -
half of the Town of Ithaca , and
BE IT FURTHER RESOLVED , that this Memorandum of Under -
standing shall take effect immediately upon its acceptance by the
Department of !! Enironmental Conservation .
Unanimously carried .
( The Memorandum of Understanding between the Department of Environ -
mental Conservation of the State of New York and the Town of
Ithaca referred to in the foregoing resolution is made a part
of these minutes and .is available .far inspection irk- the Town
Clerk ' s Office . )
Town Board Minutes - 11 - April 14 , 1975
Spring Clean -Up . Mr . Parkin reported Spring Clean -Up Day
for the Town of " Ithaca would be May 5 , 1975 . The Town Clerk was
instructed to see that a notice appeared in the Ithaca Journal to
this effect . 11
REPORT OF COUNTY' REPRESENTATIVE
Mrs . Beverly Livesay reported that bids for the renovation
of the Old Court Horse were rejected ; but that the matter will
probably be revived .
Human Services Coalition . Mrs .' Livesay noted that the
reason for having Towns involved in the funding of human services
is to give more town involvement in the whole area of human ser -
vices . This is more the case in other towns and much less the case
for the Town of Ithaca which is around the City of Ithaca . Mrs .
Livesay said the Town of Ithaca will be approached for assistance
in the funding ;;of human services programs , and Should be thinking
about it . Supervisor Schwan said he Was concerned over the way
commitments are made by others to fund services and then they turn
to the Town of ' Ithaca to assume part of the lost without prior con-
sultation . Supervisor Schwan felt human services are a County
operation to be covered under County, toxes , and - that the towns
ought not to be directly involved . Mrs . tivesay felt the towns
should have a more direct stake in human services , that it is not
so much a question of money , but commitment and involvement in
human servicesA
ACCEPTANCE Off' HAPP)t LANE
Supervisor Schwan noted that when Armand Adams , Attorney ,
drew the deed for Indian Creek Road , the Board overlooked the fact
that the deed included Happy Lane as well , but Happy Lane has never
been formally accepted as a Town road . Mr . Parkin said Happy Lane
right now is not up to Town specifications but it will be brought
up to specifications this year . It is only 250 ft . of road . Mr .
Willis Hilker noted that the Post Office will not turn around on
a " T " so mail would not be delivered there in any event . It did
not appear the Town Board could do anything about the Post Office
not deliverir_g , mail .
Motion by Supervisor Schwan ; seconded by Councilman Desch ,
RESOLVED , that this Town Board hereby accepts Happy Lane as a Town
Road , it being noted that the deed to Indian Creek Road includes
Happy Lane .
Unanimously carried .
ADJOURNMENT
The meeting was adjourned at 9 : 00 p . m .
t �
�nrc /-1e.�j cam.
F
Edward L . Bergen
Town Clerk
j
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK , hereinafter
referred to as the ; DEPARTMENT and the Town of Ithaca
hereinafter referred to ° as the Town
FOR THE PERIOD OF JANUARY 12 19 75 to DECEMBER 31 , 19 75 .
Resolution No . Dated April 14 , 1975
J WHEREAS the Department of Environmental Conservation of the State of New York is
responsible for the protection of the water resources of certain classified waters
in New York State as set forth in Part III4 of Article V of the Conservation Law
and ,
WHEREAS thi's Memorandum of Understanding between the Department of Environmental
Conservation of the State of New York and the Town of Ithaca
establishes an agreement of cooperation between the parties hereinafter mentioned
for the administration of this responsibility insofar as the Town
is concerned ,
Walter J . Schwan
R��g�x��xxix
THEREFORE , BE IT RESOLVED that is hereby empowered
to sign the attached Memorandum of Understanding in behalf of the Town
of Ithaca and
BE IT FURTHER RESOLVED , that this Memorandum of Understanding shall take effect
immediately upon its acceptance by the Department of Environmental Conservation .
y
Attest : - �'�.�-C�� �� v�`' .�erk
Waters covered by . this Memorandum
1 , All waters in the Town classified C with a standard of (T ) and
higher by the Department of Environmental Conservation ,
2 . All waters within the Forest Preserve , or waters within one hundred ( 100 ) feet
of such Forest Preserve . (Maps and lists of these waters are available at the
Regional Office of Fish and Wildlife of the Department of Environmental Conservation . )
Works covered by ;° this „ Memorandum
A11 Town pubiic works that will change , modify or disturb the course
of , or necessitate the removal of ' sand , gravel or other material from any of the
above waters .
DWR - 131
a
- 2 -
PERMITS
permit be required for the following 1 . No pe � q g works undertaken where
the State does not own fishing rights or where the stream is not on forest preserve
land or other lands owned by the State :
a . Stream crossings , provided the disturbance of the bed or
banks . is limited for fifty ( 50 ) , feet above and below the
crossing .
b . Channel clearing or realignment of streams that involves
lessjthan one hundred „ ( 100 ) lineal feet of stream in any
mileliof length .
Notification
Y R
Notification shall beligiven to the °local permit agent 24 hours
befo11
re undertaking work covered by this Memorandum for which
no permitis required:
Standards of (Performance
All work shall meet the following standards :
a . The project shall not obstruct the upstream or downstream
movement of fish . ( Culverts and the floors of box culverts
and bridges shall be , as nearly as possible , flush with the
stream bed . )
b . Sufficient flow of water shall be maintained at all times
to sustain aquatic life downstream .
c . Any culvert , box culvert or bridge floor shall be designed
to provide a V or dish - shaped channel , to concentrate flow
during periods of lowfwater and facilitate the movement of
fish II ,
d . Distu'Irbance of the stream bed shall be kept at an absolute
minimum , and the stream bed shall be returned as nearly as
possible to its original condition , or better .
( Where possible , in modifying a stream bed , the center line
shall be 8 to 12 inches lower than the toe of the channel '
bank .” to concentrate the flow of water . )
e . Where. work necessitates disturbing banks , they shall be
returned to original condition or they shall be graded to
a l vertical to 3 horizontal slope , and rip - rapped or
planted with suitablepgrasses , trees and shrubs so as to
prevent erosion . Allltree and brush removal shall be kept
to a minimum .
I
I
f . Any dike or coffer dam required to facilitate construction
shall be erected in such a manner that stream flow will not
be sufficiently reduced to endanger fish life downstream
and such dike or coffer dam shall be erected of materials
thatuwill ' not contribute substantially to the turbidity or
siltation ''of the stream .
g . During the project , care shall be taken to prevent or reduce
to a minimum any damage to any stream from pollution by
ir
debris , sediment , or other material , or from the manipulation
of equipment and / or ma';terials in or near such streams . Water
thatllhas been used for' washing or processing , or that contains
oils for sediments that'iwill reduce the quality of the water in
the streamishall not be directly returned to a stream . Such
waters will be diverted . through a settling basin or filter
before going directly 'into the stream .
h . If wafter is taken froml!! a stream for construction purposes and
an impounding structure is necessary , such structure shall
be er°ected in a manner causing the least possible disturbance
to th'e stream .
V
i . In alil cases involving work in a stream , every effort should
be made to ; return the stream to the highest - possible standard
for aesthetic value , water quality and fish habitat .
Ij
2 . All other ',work falling within the jurisdiction of Conservation Law , Part III -A
of Article V shall be carried out only after complying with Part 611 of Codes , Rules
and Regulations of New York State and obtaining the necessary permits for the proposed
work .
NOTE : Emergency Work - See : Part 611 . 2 ( a ) ( Codes , Rules
and Regulations of the State of New York)
y
NOTE : Excavation or fill of navigable waters is not covered
under this Memorandum , and a permit is required .
See : Part 611 . 2 (b ) ( Codes , Rules and Regulations of
the State of New York)
NOTE : Construction , reconstruction or repair of dams and
docks may require a permit . See : Part 611 . 2 ( c )
( Codes , Rules and Regulations of the State of New York)
Review of Public Works Plans
1 . It is understood by both parties that the Town
will keep the Department ofiEnvironmental Conservation informed , through
the local permit agent , of all plans and specifications of proposed
works that are covered by this Memorandum , and shall make such plans
available on request at the Town offices . The local permit
agent may make such recommendations as may be pertinent for the
preservation of water quality that will be consistent with the best
interests of the public . All such recommendations shall be within the
framework of acceptable engineering practices .
- 4 -
2 . It is further understood by both parties that . the local permit agent ,
upon such notice from the Town will complete his review
and make known his recommendations , so as to facilitate the project .
Rescission of Memorandum of Understanding
If the required ' notif ication is not furnished or if in the op inion of
the Department of Environmental Conservation , the Town fails
to conform to one or more of the , above. standards or the recommendations
of the permit agent the DEPARTMENT may unilaterally. rescind this Memorandum
of Understanding . Such rescission shall be effective upon receipt .of
written notice by the Town
It is the intent of this Memorandum of Understanding , through the mutual
cooperation of both the Department of Environmental Conservation and the
Town toifacilitate all public works projects , preserve
to the fullest the quality of the water resources ,- and remain consistent with the
best interests of the public .
The resolution authorizing the execution of this " agreement .by the
Town is made a part hereof .
d L
i
( For ) Department of .Environmental (For ) T wn of Ithaca
Conservation
Date Da e
Mailing Address
343 Elmira Road
Ithaca , New York
I -
14850
zip