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HomeMy WebLinkAboutTB Minutes 1975-05-12 TOWN OF ITHACA REGULAR BOARD MEETING May 12 , 1975 At a Regular Meeting of the Town Board of the Tovvm of Ithaca , Tomp- kins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 12th day of May , 19750 there were I PRESENT : Walter J . Schwan , Supervisor Andrew W . McElwee , Councilman Noel Desch , Councilman Robert N . Powers , Councilman ABSENT : Victor Del Roseo , Councilman ALSO PRESENT : James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town En4irieer Barbara P . Holbomb , Planning Board Chairwoman Reynolds Metz , Assistant Building Inspector Rbbert Parkin , Highway Superintendent Beverly Livesay , County Representative Radio , TV , Press APPOINTMENt OP TOWN REPRESENTATIVES TO NEGOTIATE WITH CITY OF ITHACA RE SEWER SERVICES Supervisor Schwan reported that the Town had a request from the City of Ithaca that the Town appoint a representative to meet with the City of Ithaca Water and Sewer Committee to renegotiate a contract providing sewer services to the entire Town as a single district . Supervisor Schwan recommended that Councilman Desch and he be appointed to represent the Town in these negotiations . The Board agreed and '' the Town Clerk was instructed to advise the City of Ithaca that Supervisor Schwan and Councilman Desch would repre - sent .the Town in ` such negotiations and to ask the City to set a date . SUMMER HOURS Motion by Councilman Powers ; seconded by Councilman Desch , RESOLVED , that summer hours for the Town of Ithaca Offices shall be 8030 a . m . to 4 ° 00; p . m . beginning June 1 , 1975 and ending September 1 , 1975 . Unanimously carried . ASSOCIATION OF TVWNS SEMINARS AND SCHOOLS Supervisor Schwan reported that there will be three special training sessions ' at Cornell University ( Riley Robb Hall ) on June 4 , 5 , 6 , 1975 ° Town Clerks Seminar , Highway Superintendents School , and Planning and Zoning Seminar . Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that the Town Clerk and/or his deputies , the Highway Super - intendent , and Planning personnel of the Town of Ithaca be authorized to attend the seminars and schools which will be conducted by the Association of Towns on June 4 , 51 61 1975 at Cornell University ( Riley Robb Hall ) ' !; registration fees and actual and necessary ex� penses incurred to be a Town expense . Unanimously carried . Town Board Minutes - 2 - May 12 , 1975 ji INTERSECTION LIGHTS_ ir Supervisor Schwan reported there had been requests for intersection lights at the intersection of Blackstone Avenue and Siena Drive andlat the intersection of Skyvue and Snyder Hill Road . Since these are intersections of Town roads it is in accordance with Town policy to have them lighted . Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that 7 ,000 lumen steet lights be installed at the inter - section of Blackstone Avenue and Siena Drive and at the intersection of Skyvue Road and Snyder. Hill Road . 1i Unanimously carried . WALI07AY FOR RESIDENTS OF E i tIS HOLLOW APARTMENTS - LEGAL OPINION 11 Attorney Buyoucos reported that the question had arisen whether the Town of Ithaca could acquire an easement from the Ellis Hollow Apartments to the East Ithaca Shopping Plaza . He said it had seemed clear to him this could not be done and he , therefore , • wrot to the Department of Audit and Control in Albany for a confirming opinion . The reply from the Department of Audit and Control confirmed Biro Buyoucos ' opinion that the Town cannot legally build a walkway for that purpose . He said the Ellis Hollow Apartments might be able to acquire an easement but the Town of Ithaca cannot do so . A sidewalk could be built along the road . Mr . Buyoucos suggested the Towri continue to pursue this matter to see what can be done . CEMETERIES -- EXEMPTION. PROM SPECIAL ASSESSMENTS Supervisor Schwan reported that a letter dated April 21 , 1975 had been received from Thomas G . Miller , President , East Lawn Cemetery Association , requesting that the Association property lo - cated on Mitchell Street be exempted from all Special District Assess - ments and Taxes as provided by Article 13 of the Real Property Law . He requested further that all taxes which have been paid under ;pro - test by the Association be refunded and those unpaid be cancelled . Supervisor Schwan read Mr . Miller ' s letter in full . It appeared from the discussion which followed that the Town can only assess the house and t appurtenant land on which it stands , ' and the rest of the lands used for cemetery purposes are not assessable . Town Attorney Buyoucos recommended refunding all units charged in excess of one unit . Based on the discussion and advice of the Town Attorney , the Board actedlas follows ; Motion by Supervjisor Schwan ; seconded by Councilman Desch , WHEREAS , the East Lawn Cemetery Association has requested that Associatio6 property located on Mitchell Street in the Town of Ithaca be exemptled from all special district assessments and taxes , and WHEREAS , Ithe Town Attorney has reported that under Section 450 of the Real Property Tax Law and Section 446 of the Real Prop- erty Tax Law , aslinterpreted by the courts , lands actually used and occupied for cemetery purposes are exempt from such assessments and taxation , and itlifurther appears that ( i ) the said lands of East Lawn Cemetery Association are assessed for 4 . 2 units of water bene - fit assessments and ( ii ) that one of said units is for a dwelling house and appurtenant parcel on which the house is located occupied by the caretaker as a private residential dwelling , i I Town Board Minutes - 3 - May 12 , 1975 IT IS RESOLVED THAT . ( 1 ) The lands of the East Lawn Cemetery Association actu- ally used and occupied for cemetery purposes be exempt from special district assessments except that one unit shall be assessed for the said dwelling house and the appurtenant lot on which the dwelling house now stands unless such use of the dwelling house , in the opin - ion of the Townj, Supervisor , in consultation with the Town Attorney , does not disqualify it for . such exemption . ( 2 ) Subject to the provisions of paragraph 1 , above , the Town will refund to the Association the assessments due and payble in 1975 for all ', units assessed except the one unit for the dwelling house . ( 3 ) This resolution applies only to the assessments due and payable in 1975 and does not apply to assessments levied for years prior to !19750 ( 4 ) By, this resolution the Town is not estopped from mak- ing any assessments or charges in - the future on lands owned by the East Lawn Cemetery Association which are not used exclusively for cemetery purposes and on which the Town may , in conformance with all requirement's of all applicable provisions of law , lawfully assess charges . l1 ( 5 ) Th''e Town Supervisor and the Town Attorney are author - ized to take all steps necessary to carry this resolution and its intent into effect . Unanimously carried . (After the aforesaid resolution was adopted the Town Attorney recom- mended that assessments of all cemetery associations be reviewed to assure equal application of the law to all lands used for cemetery purposes . ) ROAD CUTTING PERMITS - MASCIARELLI CONSTRUCTION CO . Supervisor Schwan reported that Masciarelli Construction Company who are the transmission main contractors for the Bolton Point project have requested a permit to open -cut Town roads in Forest ' Home . Mr . Fabbroni recommended a letter of agreement . It was understoodl' that Masciarelli would only cut town highways based upon the specifications in the contract . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that 'LMasciarelli Construction Company , Inc . , transmission main contractors for the Bolton Point project , be given a permit to open- cut Town roads , based on the bid specifications for the Bolton Point project , Iland that a letter of agreement be drawn up by the Town Engineer outlining the conditions under which the roads may be open-cut . Unanimously carried . CAYUGA INLET - PROPOSED PIPELINE CROSSING i Supervisor Schwan reported that a letter had been received from the Department of the Army dated April 22 , 1975 with regard to proposed installation of an 8 - inch diameter natural gas pipeline in a trench across Cayuga Inlet . The letter advised that Department of the Army Regulations require that interested parties be advised of work in navigable waters of the United States . Since the effect of the proposed work is minimal with respect to the Town of Ithaca , it was the sense of the Board that no action or input from the Town was required . it �I Town Board Minutes d 4 May 12 , 1915 YOUTH BUREAU AGREEMENT WITH CITY OF ITHACA Supervisor Schwan reported that the Town is still awaiting firm dollar figures from the City of Ithaca before any action in this matter canjebe taken . WILLIAMS GLEN ROAD IMPROVEMENT Lawrence P . Fabbroni , Town Engineer , reported that in view of the Town ' s intent to improve Williams Glen Road , 4the City of Ithaca would like to rent Town of Ithaca equipment ,with operators and additional supervisors and engineers as required by the Town to improve the portion of Williams G1en ; Road within the City of Ithaca ( the portion extending from Cliff Street to the City�Town Corporation Boundary ) , the City to pay for the materials . Mr . Fab- broni requestediiauthorization from the Board to rent equipment and operators and supervisors to the City of Ithaca . This authorization would enable Mr *,' r Fabbroni to draw up a 'simple agreement with the City of Ithaca , � . have it approved by Town Attorney Buyoucos and pro - ceed with the work at the same time the Town improves the portion of Williams Glen Road in the Town . 11 . Motion by Supervisor So'hwano seconded by Councilman McElwee , WHEREAS ] the Town Board of the Town of ; Ithaca has resolved on November 7 , 1974 that pursuant to Section 200 . of the Town Law it is in the public interest to improve Williams Glen Road , and WHEREAS 'e thI6 brtion of Williams Glen Road in the City. of Ithaca , such pbrtion extending from Cliff Street to the City -Town Corporation Boundary , is unimproved and necessary for access to the Town portion ofliWilliams Glen Road , and WHEREASI, the City of Ithaca has budgeted $ 12 , 000 . 00 maximum for the improvement of the City portion of Williams Glen Road , which improvement is more particularly set forth in Schedule " A " annexed hereto , and WHEREAS !, the City of Ithaca desires to rent Town of Ithaca equipment with operators with additional supervisors and engineers as required by the Town Board of the Town of Ithaca , NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town of Ithaca , liTompkins County , New York , as follows * ( 1 ) Thee Town Highway Superintendent - may rent Town equip- ment and operators to the City of Ithaca for construction of the Williams Glen Road portion in the City of Ithaca at the following hourly rates , as established by the New York State Department of Transportation , GRADER $ 23 . 15/hr ROLLER $ 13 . 10/hr BACKHOE $ 23 . 15/hr GRADALL $ 29 . 30 /hr SPREADER BOX $ 1 . 00 /hr TRUCKS 18T Diesel $ 15 . 20 /hr 18T Gas $ 15 . 30 /hr 16T Gas $ 14915/hr LOADER 22 . 90 hr ( 2 ) Supervision of equipment use and rental shall be pro ® vided by the Town of Ithaca Highway Superintendent and Town Engineer at the following hourly rates as required : If Town Highway Superintendent $ 7 . 15/hr Town Engineer 11990/hr u - i I If V Town Board Minutes - 5 - May 12 , 1975 -( 3 ) All materials is required in the course of machine rental shall be supplied by the City of Ythaea . SCHEDULE " A " WIDTH OF ROAD METAL j 20 feet minimum SHOULDER WIDTH 2 to 4 feet . CONSTRUCTION . SPECIFICATIONSO 10 The subglrade shall be crowned to 1/ 2 inch per foot and well compacted . 2 . The minimum ditch grade shall be 0 . 5t . 3 . Culverts !Ishall be placed in natural waterways , at low spots in ; grade and in other spots where required . 4 . Under drains shall be placed in low wet areas where side hill seepage is encountered or in other . areas tThere re - quired . 5 . Approved ; gravel shall be placed 12 inches deep from ditch toiditch on first lift and well compacted . The top lift9shall be crushed gravel or crusher run stone , 20 feet wide 6 inches deep centered on the base and com- pacted . The total compacted depth of gravel should be 18 inches . 6 . All depth measurements refer to compacted depths . 7 . Road surface : a . 013 gallons per square yard of primer on the gravel base . (MCO ) b . When cured app . 50 lbs . # 1 or # 2 stone , per square yard , leveled with a broom or drag , I with . 7 gal . per square yard of asphalt (MC3 , 70bc , 66D ) . c . Sealed with app . 20 lbs . # 1A stone and compact . Unanimously carried . CODDINGTON ROAD WATER EXTENSION FORMAL ACCEPTANCE OF JOB COMPLETION Supervisor Schwan reported that the insurance company would like to cancel the insurance on the completed Coddington Road water extension project , but would like to have evidence of formal acceptance of the job by the Town of Ithaca . The Town Engineer said that this job performed by Picirilli Brothers of Binghamton has ° been completed satisfactorily and that it appears JL most of the people on the line are happy with the restoration of the land . Motion by Councilman McElwee ; seconded by Supervisor Schwan , RESOLVED , thatlbased upon the recommendation of the Town Engineer that the work on the Coddington Road Water Extension has been satis - factorily completed by Piccirilli Brothers , the Town of Ithaca here - by formally accepts the project , subject to provisions of guarantee . if Unanimously carried . u Town Board Minutes - 6 - May 121 1975 SUMMER HELP . - LtGAL ', AND : PLANNING Barbara� 901comb , , Planning Board Chairwoman , reported that the Town has had two applications from . iaw. students . for summer work . Both of them have been interviewed and both,* . . . well qualified .. Applications have been received from five, planning - students and they will be interviewed , Mrs . Holcomb requested that . she and Mr . Fabbroni be. authorized to hire one legal student and one planning student for summer work . Motion by Councilman Mohlwee q seconded ' by Sttpetvisoi Schwan , RESOLVED , that Planning Board Chairwoman I46l66mb and . Town Engineer Fabbroni be authorized ' to 'interview candidates for summer legal and planning work and to hire one legal studeriAnd one planning stu- dent under the program sponsored by the ; Fecderal government , 20 % of their remuneration to be paid for by the Town ` of Ithaca and 80 % of their remuneration to be paid for by the Federal government . Unanimously carried . i BIDS ON BACKHOE' Proof of posting and publication of . advertisement for bids on a backhoe for . the' Town Highway Department having been presented by the Town Clerk , Supervisor Schwan reported that five bids had been received , as follows ° Arsenault Tractor Sales ; Inc . Br"ooktondaie , . New York $ 13 , 125o53 Se ; C . Hansen , Inc . Horseheads , New York $ 11 , 945 ° 00 Ithaca Ford Tractor , Inc . Ithaca , New York $ 12 ; 256 ° 00 Stack Equipment and Supply Corp . Liverpool , New York - two bids $ 13 , 000o00 12 , 900 . 00 Syracuse Supply upply Company Vestal , New York $ 18 , 999000 Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that ' Town Board of the Town of Ithaca hereby accepts the low bid of So Co Hansen , Inco in the amount of $ 11 , 945 for a backhoe for the Town Highway Department , the Town Highway Superin - tendent having stated that the bid equipment meets the specifica- tions set out when the equipment was advertised . Unanimously carried . PERSONS TO BE HEARD Mrso Beverly Livesay reported that a number of people have complained about trash around the East Hill Shopping Centero She said she had talked with Dro Gaffney in the Tompkins County Health Department , but that they feel they are involved only when a health hazard exists ( that is , from garbage , etc . ) It was agreed that a letter would be' written to the property owners in question . Mrs . Livesay noted also that old washing machines and other debris is set out behind Ides and the stores . It appears this is a zoning problem which PRre Fabbroni will look into . To ' wn Board Minutes - 7 - May 12 , 1975 Mrs . Livesay inquired about what was being done with re - Bard to removal of the FBC sign on the East Hill Shopping Plaza . Mr . Metz , Assistant Building Inspector , reported that the owners are looking into the cost of removing the sign and that he will follow up on it, . Mrs . Livesay noted that the total structure supporting the ,sign should be removed - - not just the letters ( FBC ) . TRANSFER OF FUNDS Supervisor Schwan reported that it would be necessary to transfer funds from the Contingency Account to cover the purchase of office furniture for the new Town Hall . The purchases cover file cabinets , folding chairs , shelving , desks and table . Motion by Supervisor Schwan , seconded by Councilman Powers , RESOLVED , that the sum of $ 1 , 186 . 55 be transferred from Contingency Account No . A- 1940 . 4 to Town Hall Office Equipment Account Teo . A- 1620 . 2 . Unanimously carried . REPORTS OF TOWN OFFICIALS Sharlene Drive , off Sn der Hill Road . Mr . Fabbroni re - ported that this road was lac -topped by Stein Builders and that it settled out '1 and broke down under traffic . Mr . Parkin , Highway Superintendent and Mr . Fabbroni have met with the contractor , Stein Builders , Inc . , who will repair the road . Marion 'Easement . Mr . Fabbroni reported that water run -off from the Marion property continues to be a problem and a detriment to the neighboring properties . The sense of the Board was to re - vive the attempt to obtain an easement across Marion ' s property . in order to be able to do the work necessary to prevent the run- off . The Town ° continues to get complaints about drainage . Should it be impossible to get an easement from Marion , the Town will have no alternative but to condemn . Mr . Fabbroni will follow up on this , assisted by the Town Attorney . ForestJHome Bridges . Mr . Fabbroni reported that the Forest Home bridge ( near Caldwell Road ) has been re -wrapped ; and that the other bridge in Forest Home ( near Pleasant Grove Road ) needs atten- tion . The pipe needs to be replaced or re -wrapped . The sense of the Board was that it ought to be replaced rather than re -wrapped . Councilman McElwee suggested that if it is replaced he did not think it should be replaced with steel . Ductile iron is a possibility if weight is not a problem . It was agreed that Mr . Fabbroni would con - sult with Lozier Engineers on this matter . Northeast Traffic Study . Mr . Fabbroni reported that during the last month he has been doing the Northeast Traffic Study , mak - - 0 ing hand counts at eight intersections and machine counts at nine different roads , for 24 hours each . Town -wide Sewer Improvement . I.-Ira Fabbroni reported on the status of the proposal to sewer five areas in the Town of Ithaca ; that he and the Supervisor had reviewed with the engineers sketch and plans ; that he had been advised by Lozier Engineers that they will have final plans ready by June 16 . It will then be important to get the project bid as soon as possible . Councilman Desch asked if all the necessary easements would be acquired before the project went to bid . Supervisor Schwan said an attempt would be made to get as many asIpossible , Mr . E . L . Trowbridge of Palmyra , New York , has been assigned to acquire the necessary easements . Most of the easements are in Forest Home . Supervisor Schwan recommended that when Lozier Engineers send the plans to the Town of Ithaca they should also send a set to the Department of Environmental Conserva - tion . II Town Board . Minutes - 8 - May 12 , 1975 Williams ; Glen Road Improvement . Mr . Fabbroni reported that the survey is about complete . The work on this improvement will be done by the Highway Department in July or August . - . Lucente '' Development . 11re Fabbroni reported that an agree - ment had been reached with Mr . Rocco Lucente ~ with respect to his development ,of - a . .poition of the lots fronting ,on Salem Drive , Birch- wood Drive "and Pinewood Place , in which tYe , Town agrees to issue building permits for construction on these lots in accordance with conditions set out in the agreement . Y ®r u y f Sandra Place . Mr . ' Fabbroni reported that Otto Schoenfeld -� has agreed to install 286 feet of pipe t-o -�-leop�a- water:l4ne4or-r Sandra Place Blackstone Avenue . Mr . Fabbroni reported that problems ' had arisen out of the fact that Mr . Arthur A . Prince has sold off prop- erty on Blackstone Avenue to a Mr , Robert ;, Hamiltbhe The road has not been brought up to the Town ' s , specifications nor have the water lines been looped as required . The . Town had contemplated an agree - ment with Mr . Prince , with the holding of - a retdiner , for the comple- tion of the road and installation of water lines . The work has not been done . After some discussion , it was agreed that a formal con- tract ought to be drawn up between the Town and Mr . Hamilton for the completion of the work as shown on the subdivision map for the Ste Catherine Subdivisions . Motion by Supervisor Schwane seconded by Councilman McElwee , RESOLVED , that the Town Supervisor , the Town Engineer , and the Town Attorney be authorized to work out a contract between the Town of Ithaca and Mr . Robert Hamilton for the completion of the road and the looping of water lines , as shown on the map of the Ste Catherine Subdivision . Unanimously carried . Buttermilk Farms . Mr . Fabbroni reported that the Planning Board had given preliminary approval to Mr . Walter Wiggins for con - verting his barn at 1152 Danby Road to a cluster development : Vincent P . Franciamone . Mr . Fabbroni reported that there will be a hearing before Judge Yesawich in Cortland , New York , on May 13 , 1975 on a contempt of court charge against Mr . Vincent P . Franciamone in connection with his property on Ridgecrest Road . Lucente Development . Mrs . Holcomb reported that in connec - tion with consideration of final approval of Rocco P . Lucente lots shown on the plan and profile for Sharonwood Drive and Pinewood Place , Mr . Lucente has agreed to convey to the Town about two and a half acres of land to be reserved for recreational area ( park ) . Mrs . Holcomb pointed out to the Board the area in question on the plan and profile . _ She reported the Town also has a letter of in- tent from Mr . Lucente that when the remainder of his land is devel - oped an additional five acres of land will be set aside for park- land . Mr . Buyoucos recommended that the Boothroyd Insurance Agency should be notified immediately about the proposed conveyances to make sure there is proper liability coverage for the parkland . Buttermilk Farms . Mrs . Holcomb expanded on Mr . Fabbroni ' s report regarding the Wiggins barn at 1152 Danby Road . She said the Planning Board " had agreed to hear Mr . Wiggins ' request as a propos - al for cluster housing with four units in a single building . Con- siderable discussion followed concerning the difference between mul - tiple residence and cluster . Mr . Buyoucos was not certain that the Wiggins proposal was legal . Supervisor Schwan recommended that Mr . Buyoucos research the matter and advise the Planning Board . Mrs . Holcomb said the Planning Board would schedule a work session to study this matter . I n ` u Town Board Minutes 9 - May 12 , 1975 Planning Board Public Hearings . Mrs . Holcomb reported that the Planning Board will hold two public hearingsa ( l ) Jehovah Wit- nessesoo consideration of site plan approval for Jehovah ° s Witness Church at Danbyland Compton Roads ( Parcel Noe 36 - 3 - 1 ) a and ( 2 ) con- sideration of a request by Stephen Jo and Marion Shippos to rezone lands at 611 Five Mile Drive ( Parcel No . 31 - 2 - 2 ) from Light Indus - trial to Residential , FLOOD INSURANCEIPROGRM1 - PUBLIC HEARING Proof of posting and publication of notice of public hear- ing having been;l presented , the Supervisor opened the hearing . Mr < Fabbroni illustrated on map the flood plain areas in the Town of Ithaca designated by the Army Corps of Engineers . He said the Town is required to adopt a resoldtion which will state the Town ' s intent to include in the Zoning Ordinance the amendments which the Town ' will subsequently adopt . Mro Fabbroni presented to the Board two prepared resolutions . The Supervisor read these in full and noted that if they were adopted they would be . submitted to the Federal government . The Supervisor then called for comments . When it appeared no one wished to be heard on this subject the Super - visor closed the hearing and the Board acted as follows : Motion by Supervisor Schwan ; seconded by Councilman Powers , WHERE 6 , certain areas of the Town of Ithaca are subject to periodic flooding and/or mudslido8 from Lakes , Streams and In - lets , causing serious damages to properties within these areas , and WHEREAS , relief is available in the form of Federally sub - sidized flood insurance as authorized by the National Flood Insur - ance Act of 19681 and WHEREAS , it is the intent of this Town Board , Town of Ithaca , to require the recognition and evaluation of flood and/or mudslide . hazards in all ° official actions . relating to land use in the flood plain and/or mudslide areas having special flood and/or mudslide hazards , and WHEREAS , the Town of Ithaca has presently in effect a land use control ordinance commonly referred to as the Town Zoning Ordi � nance , and WHEREAS , this body has the legal authority to adopt further and additional land use and control measures to reduce future flood losses pursuant to Sections 261 , 262 , 263 and other provisions of the - Town Law , NOW , THEREFORE , BE IT RESOLVED , that this Town Board , Town of Ithaca , hereby : le Assures the Federal Insurance Administration that it will enact as necessary , and maintain in force for those areas hav- ing flood or mudslide hazards , adequate land use and control meas - ures with effective enforcement provisions consistent with the Criteria set forth in Section 1910 of the National Flood Insurance Program Regulations ; and 20 Vests Town Supervisor with the responsibilit y Y, authority , and means too . ( a ) Delineate or assist the Administrator , at his request , in delineating the limits of the areas having special flood and/or mudslide hazards on available local maps of sufficient scale to identify the location of building sites . ( b ) Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain and/or mudslide area . Town Board Minutes - 10 May 12 , 1975 ( c ) Cooperate with Federal , State , and local agen - cies and private firms which undertake 'to study , survey , map , and identify flood plain or mudslide areas ,. and cooperate with neigh- boring communities with respect to management of adjoining flood plain and/or mudslide areas in order to prevent . aggravation of existing hazards , r ( d ) Submit on .: the anniverj sary date of the community ' s initial eligibility an annual report to the Administrator on the progress made during the ..past year within the community in the de ® velopment and implementation of flood plain and/or mudslide area management measures . 3e Authorizes the . 6resent au lding Inspector of the Town of Ithaca to maintain for public inspection and to furnish upon re - quest a record of elevations ( in relation to mean sea level ) of the lowest floor ( including basement ) of all new or substantially im- proved structures . lodated in the special flood hazard areas . If the lowest floor is below grade - on one or more sides , the elevation of the floor immediately above must also be recorded . 4e Agrees to take . such other official action as may be reasonably necessary to carry out the objectives of the program . Unanimously carried . Motion by Councilman Powers seconded by Supervisor Schwan , + 11 RESOLVtD , that the Town Board of the Town of Ithaca hereby amends the Zoning Ordinance of the mown of Ithaca by adding to " ARTICLE I , SECTION 1 , Definitions . " the following . 280 " Flood or Flooding " means a general and temporary Condition of partial or complete inundation of normally dry land areas from ( a ) the overflow of streams , rivers , or other inland areas of water or ( b ) abnormally rising lake waters resulting from severe storms or hurricanes , 290 F Flood Plain " or " Flood Prone Areas " means a land area adjoining a river , stream , watercourse , bay or lake , which is likely to be flooded . 300 " Flood Plain Management " means the operation of an overall program of corrective and preventive measures for reducing flood damage , including but not limited to emergency preparedness plans , flood control works , and land use and control measures . 310 " Floodproofing " means any combination of structural and nonstructural additions , changes , or adjustments or properties and structures which reduce or eliminate flood damage to lands , water , and sanitary facilities , structures , and contents of build - ings , 320 " Special Flood Hazard Area " means that maximum area of the flood plain that on the average is likely to be flooded once every 100 years ( i . e . that has a one per cent ( 1 % ) chance of being flooded each year - 100 year flood ) and is delineated on the Flood Hazard Boundary Maps issued by the Federal Insurance Admini - stration , Department of Housing and - Urban Development . 330 " ,Structure " means anything that is constructed or erected on or under the ground or upon another structure or build - ing , 340 " Alteration " is as applied to a building or structure , a change or rearrangement in the structural parts or in the exit facilities or an enlargement , whether by extending on a side or by increasing in height . or moving from one location or position to another ; the term " alter " in its various modes and tenses and its participial form , refers to the making of an alteration . I Town Board minutes - 11 - May 12 , 1975 IT IS FURTHER RESOLVED , that this Board hereby amends the Zoning Ordinance of the Ti,.'wri of Ithaca by adding to " ARTICLE II , ESTABLISHMEINT dF DISTRIC3� ; SECTION 2 " the following . Special' Flood Hazard District 1{ L11 IT I5 FURTHER RESOLVED o . that this Board , hereby amends the Zoning Ordinanc,o , of the Town of Ithaca by adding to " ARTICLE XII , NON -CONFORMING tj §tS , SECTION 55 " the following ° Specia7: 'Fiood Hazard District most as ( r ` � . estrictive ) IT IS FURTHER RESOLVED ; that this Board hereby amends the Zoning Ordinance ok the Town of Ithaca by addi follows ' ng a new Article , as I ARTICLE XV ;I SPECIAL FLOOD HAZARD DISTRICT SECTION 84 . The purpose and intent of the Special Flood Hazard District is to : 1 . Protect the future health , safety and welfare of the habitants of the Town of Ithaca from hazards due to periodic flood - ing . 1 2 . Minimize public and private damages including expendi - tures for relief , insurance and flood control projects . 3 . Protect human life and health . 4 . Minimize surface and ground -water pollution which may affect human , animal or plant life . 5 . Require flood proofing of those structures that exist in or must of necessity be constructed on Flood Hazard Areas . 6 . Establish and maintain eligibilit for the Town of Ithaca , Tompkins County , New York , for its residents and property owners in the National Flood Insurance Program , SECTION 85 . Non- liability . The Town of Ithaca does not guarantee , warrant or represent that those structures or other im- provements designed and constructed in accordance with the Ordinance will not be subject to flood damage and hereby asserts that there is no liability on the part of the Town Board , its officers , agencies , contractors , agents , or employees for any flood damage that may occur as a result of reliance upon and compliance with this Ordi - nance . SECTION 869 Intent ' ' Itais the intent of this Ordinance to minimize the potential loss of life and property during periods of flooding by regulating the alteration and development of those areas within the Flood Plain . SECTION 87 . Alterations . No exterior structural altera - tion or addition to an existing structure shall be made until a permit shall first have been issued by the Town Building Inspector acting upon the instructions of the Town Board . Ordinary repairs , ( e . g . roof repair , porch , new siding , painting , etc . ) and interior renovations ( eog . remodeling of ceilings , walls , floors , etc . ) to buildings or structurs may be made without obtaining a permit . Conversion to a dwelling unit or increasing the number of habitable units requires a permit . I Town Board Minutes - 12 - May 12 , 1975 SECTION, 880 Establishment of Areas and Area Regulations . le Area Boundary Lines . The delineation of Special Flood Hazard Areas ( S 11 and their boundary lines are drawn on the Official Map accompanying this Ordinance and said Map shall be part of this Ordinance , 2e Official Mape Area boundary lines shall be interpreted from the Official Map accompanying the Zoning Ordinancea Dimen- sions of such lines will be scaled from the Official Map and com- pared with ground distances between definite natural or man-made pointso Thereafter , the changes on said Map shall become part of the Official Map when approved by the Town Board . 3o Intlerpretatione In the case of uncertainty as to the true location of Area boundary lines or on interpretation of Area regulations , the decision . of the Board of appeals or Planning Board is finale Nothing in this Ordinance is intended to imply that Areas outside the Special Flood Hazard Areas will be free from flooding . 4o Map Modification > The Area boundary lines will be fur - ther modified following the establishment of Floodway and Floodway Fringe Areas as delineated in a survey to be made by the Federal ji Flood Administrator from the United States Department of Housing and . Urban Developmento Further modification will be in accordance with amendment 11 rocedures as set forth in this Ordinance , 5 . Application of Regulations . The regulations for the Special Flood Hazard Areas shall be adhered to in compliance with this Ordinance . ' 6 . Special Flood Hazard Areas ( S < FeHoAe ) Regulations . A permit shall be issued when it is determined that the structure is located withinithe SeFeHeAo and the proposed construction or altera - tion is in full compliance with the statutes of the State of New York , National ; Board of Fire Underwriters standards and all other applicable Town Codes and the following special SoFeHeAo regulationso as ( i ) Alterations or repairs shall use construction materials and utility equipment that are resistant to flood damage , and ( ii ) Use construction methods and practices that will minimize flood '; damagee bo " Proposed new construction or substantial improve- - ments shall ( including prefabricated and mobile homes ) ( i ) Be protected against flood damages Be designed ( or modified ) and anchored to pre - vent flotation .' collapse , or lateral movement of the structure . ( iii ) Use construction materials and utility equip- ment that are resistant to flood damage . ( iv ) Use construction methods and practices that will minimize flood damage . co ,, Require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters - into the systems and dis - charges from . tAe system into flood waters and require on - site waste disposal ' systems to be located so as to avoid impairment of them or contamination from them during flooding . Town Board Minutes - 13 - May 12 , 1975 d . Joist -bearing . sills shall be anchored to the founda- tion walls at intervals not to exceed eight feet - W ) , and four feet ( 4 ° ) at corhers by anchor bolts not less than three -quarter inch ( 3/ 4 " ) ih ciameter with groper washers embedded at - least two feet ( 2 ° ) into sucl walls . e . "Other S . F . H . A . regulations . Before a permit is - issued in a S . F . H . A . o riy The Building Inspector shall take into account flood plain management programs , if any , already in effect in neigh - boring areas . (if. ) The Building Inspector shall provide that within the SeF . HeA . the laws and ordinances concerning land use and control and Other measures designed to reduce flood losses shall take precedence over any conflicting laws , ordinances or codes . ( iii ) The Planning Board shall review subdivision proposals and other ro os p p ed new developments . to assure that . A . All such proposals are consistent with the need to minimize flood damage . Be All public utilities and facilities , such as sewer , gas , "; electrical and water systems are located , elevated and constructed to minimize or eliminate flood damage . C . That adequate drainage is provided so as to reduce exposure to flood hazards . These amendments to the Zoning Ordinance of the Town of Ithaca shall take effect immediately . Unanimously carried . O ' MALLEY ' S BEAUJOLAIS RESTAURANT SIGN PUBLIC HEARING II Proof of posting -and publication of notice of public hear - ing having been presented , the Supervisor opened the hearing . Mr . Fabbroni illustrated the location of the sign on the site plan and presented pictures of the sign to the Board for re - view . The sign was erected before authorization , but was allowed to stand in view of the possibi ity' ia'�°°i mig be allowed . Mr . Stan Tsapis , appearing for Mr . O ' Malley , stated that the sign is in Qood taste . V It is in an area where there are two garage signs that attract more attention than the Beaujolais sign . If the sign is moved closer to the building it would be behind a tree and would be nullified . He said he felt it is in the only place it can be ; that it is not bothering anyone and that it is probably further from the right of way than other signs in the area . The sign is lighted from the inside . It has an orange exterior and the letters are in white . Mr . Ts pis said , further , that it does not present any haz - ard where it is located . Mr . Tsapis said he has a survey which shows the signpto be t from I, e . It should be 45.� from the center line , but in that case it would be up on the porch . Mrs Fabbroni said there is no sight hAzavftd with respect to traffic . The only problem is that it does not meet the setback requirements . Supervisor Schwan asked if anyone wanted to be heard. on this matter . Since it appeared that no one wanted to be heard , the Supervisor , closed the hearing , and the Board acted as follows * I Town Board Minutes - 14 - May 12 , 1975 - Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that 'Ithe application of Robert O ' Malley to erect a sign for his Beaujolais Restaurant on 601 Elmira Road , Ithaca , New York , be granted . Unanimously carried . Mrs . Holcomb reported that there is now in hand A Summary of the Ithaca Bikeway Study , �trepared for the City and Town of Ithaca , New York by the Landscape Architecture Graduate Program of Cornell University ( Spring , 1575 ) . This study is a schematic drawing of how they reached their conclusions : The technical reports , however , will be much mora useful . The Planning Board has not accepted this study but it will be used as a working paper . Ar Mr . Buyoucds , Town Attorney ; said he would like to have the Board ' s authorization for Walter J . Schwan , as Town Supervisor , to execute anyGinstruments which may be necessary for the acquisi - tion of title to easements or interest inland for the Southern Cayuga Lake Intermunicipal Water Commission . He said this must be done because easements have been drawn and the title is being taken in the name of � the Town of Ithaca as Agent Municipality acting in behalf of the Town of Ithaca , the Towns of Lansing and Dryden , and the Village of ; Cayuga Heights . Mr . Buyoucos read the proposed reso- lution . Councilman Desch said the resolution ought to be more specific to the Bolton Point project now under construction . He said the resolution must be pinned down as it relates to the auth- ority the four 11 communities have set for the project now under con - struction ( Bolton Point ) . It was agreed to include the words " now under construction " ( Bolton Point ) . Motion by Councilman Desch ; seconded b Councilman n McElwee , WHEREAS , the Town of Ithaca has been authorized to act in behalf of itself, and the Towns of Lansing and Dryden , the Village of Cayuga Heights and other participating municipalities to accept title to landsilor any interests therein for the Southern Cayuga Lake Intermunicipal Water Project , IT IS RESOLVED AS FOLLOWS ; - ( 1 ) The Town Board authorizes the Supervisor of the Town of Ithaca to execute any and all purchase offers or other documents for the acquisition of lands or easements or other interests in land for the Southern Cayuga Lake Intermunicipal Water Project ( Bolton Point ) , now under construction , including acquisition of lands and easements fromlthe Estate of Fred Bush in the Village and Town of Lansing . - ( 2 ) The authority granted by this provision shall be exer - cised by the Supervisor only when authorized to do so by the South- ern Cayuga Lake Intermunicipal Water Commission . ( 3 ) Ariy documents heretofore executed in the aforesaid capacity by the Town Supervisor are hereby confirmed . Unanimously carried . I It I it Town Board Minutes - 15 - May 12 , 1975 In the same connection , the Board acted as follows , Motion by Super`4isor Schwan ; seconded by Councilman Powers , u WHEREAS the Town of Ithaca , as one of the participating municipalities of the Southern Cayuga Lake Intermunicipal Water Project may be iequired to acquire title to lands or easements or other interestslin land by condemnation for purposes of. said Project , IT- Z $ R 6OLVEDo That the Town Supervisor is authorized , in conjunction with the other partici ating municipalities , acting jointly through the Southern . Caytiga ' Lake . Intermunicipal Water Commission , to negotiate for the acqufsitior3 of title , easements , and other interest in lands for the Southern Cayuga Lake Intermunicipal Water Project and to commence any and all actions for the condemnation of lands for such purposes . I This resolution is -intended to add to but not limit any previous `resolution adopted by the Town Board covering this sub- jecto Unanimously Y u 1 carried . II CAR FOR HIGHWAYiiDEPARTMENT USE it Mr . Parkin reported that an automobile will be needed for the Highway Department . Under a State bid there would be a saving of some $ 300 . 00 ,'. However , in that case it would be a 1975 cart which would only burn unleaded gas . He preferred to get a local bid in which the use of regular leaded gas would - be possible . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that the Highway Superintendent be authorized to locally bid a . sedan type car for his own use , new 1974 or 1975 . Unanimously carried . Mr . Parkin submitted to the Board material on vacation policy in other!itowns . This is in connection with his earlier It request for four weeks vacation for Highway Department employees after 20 yesrs of service . After reviewing . tine . material .the Board acted as follows ,* RESOLVED , that Gthe Town Highway Department employees shall have four weeks vacation after twenty years of service . Unanimously ni ously carried . lr . Reynolds Metz , Assistant Building Inspector , reported that building permits are keeping pace with last year in numbers , and it is a little higher in dollars this year by several thousand dollars . I TOWN OF ITHACA WARRANTS Motion by Councilman McElwee , seconded by Councilman Powers , RESOLVED , that the Warrants dated May 12 , 1975 , in the following amounts , be approved ° General Fund . . $ 10 , 523 . 25 Highway Fund . 8 , 732 . 96 Water and Sewer Fund . . 6 , 610 . 58 Unanimously carried , It Town Board Minutes - 16 - May 12 , 1975 BOLTON POINT WARRANTS Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that the Bolton Point warrants recommended for- payment by the Southern Cayuga Lake Intermunicipal (dater Commission be approved by this Town Board for payment in the amount of $ 359 , 852 . 300 Unanimously carried . APOINTMENT - T014PKINS COUNTY BI - CENTENNIAL COMMISSION Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , that Robert We Robinson , 127 Iradell Road , Ithaca , New York , be appointed as a representative of the Town of Ithaca to the Tompkins County Bi -centennial Commission , Unanimously carried . ADJOURNMENT The meeting was adjourned until 5 : 00 p . m . , 19750 Tuesday , May 20 , Edward Lo Bergen Town Clerk 0 °s