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HomeMy WebLinkAboutTB Minutes 1975-09-08 TOTRN OF ITHACA REGULAR BOARD MEETING September 8 , 1975 At a regular meeting of the Town Board of the Town of Ithaca , Tempkins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 8th day of September , 1975 at 5 ° 00 p . m . , there were I PRESENT * Walter J . Schwan , Supervisor Andrew W . McElwee , Councilman Robert N . Powers , Councilman ALSO PRESENT * James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer Barbara Holcomb , Planning Board Chairwoman Robert Parkin , Highway Superintendent Beverly Livesay , County Representative Roger A . Morse , County Representative Catherine A . Valentino , Town Representative on Ithaca Youth Bureau and the Ad Hoc Committee on Youth and Recreation ABSENT . Noel Desch , Councilman Victor Del Rosso , Councilman Radio , TV , and Press representatives present J APPROVAL OF MINUTES Motion by Supervisor Schwan , seconded by Councilman Powers , RESOLVED , that the minutes of August 11 , 1975 are hereby approved , as presented . Unanimously carried . REPORT OF COUNTY REPRESENTATIVES Roger A . Morse reported that the Boardman House matter is still unresolved as is the matter of where the County will finally locate its office buildings . Beverly Livesay reported that the County Sheriff has pre - sented a request for more deputies which request will soon come before the Board of Representatives . A recommendation will first carne from the Safety Committee . Mrs . Livesay is inclined to be- lr.eve the Sheriff does need more deputies . She asked for in -put ci: this matter from the Ithaca Town Board prior to the County ' s budget hearing at the end of November . Supervisor Schwan said the Board would think about it and prepare a recommendation for her . REZONING OF SHIPPOS LAND rvir . Stephen Shippos described his property with help of r:ap , Parcel 31 - 2 - 2 , on which he wants to build two houses , one for himself and one for his son . This is land west of the flood control channel which Mr . Shippos has requested be rezoned from Light Industrial to R- 15 . At the public hearing on this matter on July 7 , 1975 the matter was tabled until Mr . Shippos could pro - vide the Board with more information as to what he intended to do with the property and illustrated his intentions on a map . There is an adjacent property also zoned Light Industrial . The Board felt it would make sense to re - zone the small adjacent piece to Town Board .Minutes - 2 - September 8 , 1975 R- 15 at the same time . Councilman Powers felt there should be a specified time within which Mr . Shippos would be required to build , if re- zoning is granted , or the property would revert to Light Industrial . Supervisor Schwan said it could not quite be done that way , but it could be accomplished by a re -posting and re- pub- lication for a public hearing to revert the land to Light IndustriCA It was noted that the Planning Board has recommended the requested re - zoning . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that the lands of Stephen J . Shippos west of the flood control ,ichannel ( Parcel 31 - 2 - 2 ) as shown on map used by Mr . Shippo ° in his presentation to the Board and as such map may be refined by reference to zn existing more inclusive map of the area which may be on file in the Tompkins County Clerk ' s Office , be re - zoned from Light Industrial to R- 15 . Unanimously carried . The Town Attorney requested that the minutes should show that before a building permit will be issued Mr . Shippos must com- ply with Section 280 ( a ) of the Town Law , and , further , that Mr . Shipposhas been advised that he would have to apply for approval of a sub-division and must furnish the necessary materials , in - cludingImaps or plans in order to obtain such approval . SCHEDULE PUBLIC HEARING TO AMEND AND ADOPT FLOOD PLAIN ZONING MAP Mr . Fabbroni reported he had a request from Mr . David I Powers of West Buttermilk Falls Road that the Federal Flood Con- trol map should include three houses on the west side of Route 13 on West Buttermilk Falls Road as they are assuredly in the flood plain . Mr . Fabbroni recommended that the Town should schedule a public ;, hearing to consider adopting the whole Flood Plain Zoning Map including the three properties referred to , properties which were inadvertently indicated as park land . Flood plain insurance will then be available to the Powers , Reuning , and Hall properties . IlSupervisor Schwan asked whether the Town could change the Federal map and have the Federal government approve of such action . „ Mr . Fabbroni said the Board ' s action would be subject to the approval of the Federal government but that the Board should take the first. step by adopting the Federal map as amended . Motion by Supervisor Schwan # seconded by Councilman McElwee , RESOLVED'; that the Town Board of the Town of Ithaca shall conduct a public hearing on October -13 , 1975 at 6030 p . m . at the Town Offices to adopt the Federal Flood Plain Control Map , as amended to include the Powers , Reuning ,. and Hall properties , which were omitted by the Federal government by designating them on the map as park land . Unanimously carried . Town Attorney Buyoucos recommended that in the posting and publication of notice of public hearing formal descriptions of the properties involved ; including parcel numbers and proximity to Route' 13 , should be set out . u Town Board Minutes - 3 - September 8 , 1975 REVISEDI' RESOLUTION ON DISPOSITION OF RECORDS Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , by the Town Board of the Town of Ithaca that Edward L . Bergen , " Town Clerk of the Town of Ithaca , be , and hereby is , authorized to dispose of record item numbers 12 , 14 , 17 , 20 , 36 , 43 , 46 , " 118 , 121 , 138 , 1390 1491 1521 155 , 159 , 162 , 168 , 198 , 213 , 222 , 227 , 255 , 257 , 265 , 270 , 297 , 323 , 325 , 341 , 356 , 358 , 457 , 472 , and 477 on Records Disposition List Number 272 -TC- 14 , issued pursuant to section 114 of the Regulations of the Commis - sioner of Education , and be it further RESOLVED , that the Clerk of this Board be , and hereby is , direetted to furnish a certified copy of this Resolution to Walter J . Schwan , Supervisor of the Town of Ithaca , to be forwarded to the Commis - sioner of Education . Unanimously carried . RecordsliDisposition List Number 272 -TC - 14 is on file in the Town Offices .. CALDWELL ROAD ( Supervisor Schwan read a letter from Councilman Desch asking that consideration of formal acceptance of Caldwell Road and the status of Caldwell Road and its relation to Cornell Uni - versity bould be investigated further . It appears that in 1957 the Towns of Ithaca abandoned maintenance of the - road . Unless the right ofilway is abandoned to abutting property owners , however , ithe right of way would still exist as a Town of Ithaca right of way . This matter was tabled until the regular Town Board meeting on Octob'1r 13 , 1975 . C01NXEYA.NCE OR ABANDONMENT OF ROSE14ARY LANE The Town of Ithaca has a request from the Ithaca City School District to convey Rosemary Lane to them . On April 10 , 1972 the 'Town of Ithaca conducted a public hearing on this matter . Although ' at that t =.rte the Town of Ithaca expressed a willingness to convey Rosemary Lane to the School District , it could not do so because it was still a Town Road because a property owned by Albert Nardi fronted on it . The City School District has since acquired , the Nardi property and they wish to let a contract to build a new playing field , and want Rosemary Lane conveyed to them . The Town has no deed to Rosemary Lane , the road has become a Town road through usage . A road , if not necessary for ingress and egress may be abandoned to a school district . Mr . Buyoucos agreed to work with Mr . Thaler , attorney for the School District for the abandonment or conveyance of Rosemary Lane to the School District , with the stipulation that the Town will have an easement Zo repaid the water main until such time as it is cut off at each end . - Mrl Buyoucos said any abandonement of the road will require a specific resolution by the Town Board and other procedural steps . He will work out ' the matter with Mr . Thaler , taking into account the Town ' s interest in the water and sewer main for the future . This matter will come before the Board at an adjournment of this meeting to Monday , September 15 , 1975 , at 5000 p . m . OLD BURIAL AND REMOVAL PERMITS It appears the Town of Ithaca has on hand a certain number of old Burial and Removal Permits dated from 1915 through 1919 which the Tompkins County Health Department has requested the Town to turn over to them . Town Board Minutes - 4 - September 8 , 1915 Motion by Councilman Powers ; seconded by Supervisor Schwan , RESOLVED , that this Town Board authorizes the Town Clerk to turn over toll the Tompkins County Health Department , Division of Vital Statistics , certain Burial , Removal , and Transmittal Permits dated 1915 through 1919 . Unanimously carried . DOG CONTROL ORDINANCE i, This matter will be on the agenda for the regular meeting of the Board on October 13 , 1975 in order to give the Town Attor - ney an opportunity to revise the draft of the proposed Dog Control Ordinance to include simplified procedures for the issuance of a summons for violations and to permit payments by mail for viola - tions .- This is made possible by an amendment to State law . Supervisor Schwan noted again that at the point when the Town is ready to adopt a Dog Control Ordinance , it will have to come to grips with enforcement of the ordinance . Attorney Buyoucos requested that one of the Board members should work with him on the Dog Control Ordinance . Councilman Powers agreed to do so . I TOWN WIDE SEWER IMPROVEMENT Attorney Buyoucos recommended that the Board have a work session before its 5 - area sewer improvement is put out to bid . COMMUNICATION T+ TION Supervisor Schwan read a letter dated August 23 , 1975 from Dorothy Fe Canfield of 180 Calkins Road , indicating she had an estimate ` from Ceracche Television Corporation of $ 1 , 700 to bring txc: cable service to her house at 180 Calkins and to four other houses on the road , plus the usual hook -up charges . ii .'attorney Buyoucos suggested the television franchise agreement between the Town of Ithaca and Ceracche ought to be reviewed , since he believed the agreement itself requires the Ceracche Television Corporation to provide service for the people in the community > Supervisor Schwan will write a letter to Mr . CC .. accheiiasking him when he will make a commitment in the way of service to all the people of the Town of Ithaca . Councilman Powers noted 'Chat Ceracche Television. Corporation is a regulated business even though he is not a public utility . REPORTS OF TOWN OFFICIALS Mr . Fabbroni reported on the following matters *. Manholes on East Shore Drive . Mr . Fabbroni requested permission to write a letter to the Department of Transportation formally 'objecting to their decision to use existing manhole covets for the manholes they raise on East Shore Drive . The old manholes are not sufficient for the traffic the roads carry . There are eight such manholes . A formal objection would clarify where the liabilityhlies from a legal standpoint . The Board agreed that Mr . Fabbroni should write a formal letter of objection . St . Catherine Circle . The required work has been com- pleted on St . Catherine Circle , including clean -up . Mr . Fabbroni recommended , therefore , that the $ 500 . 00 retained by the Town of Ithaca as a guarantee for the performance of the work should be released . '! it Town Board Minutes o 5 4 September 8 , 1975 Motion °, by Councilman McElweea seconded by Supervisor Schwan , RESOLVED , that the $ 500 . 00 still retained by the Town of Ithaca out of an original amount of $ 10 , 000 held as guarantee of the completion of the work on St . Catherine Circle shall be released to Mr . IRobert Hamilton now that the work has been completed , in - cluding clean-up . Unanimously carried . Sandra Place . Otto Schoenfeld has completed the work on Sandra !IPlace : Williams Glen Road . The improvement of this road will soon be under way . P4r . Fabbroni and Mr . Buyoucos will work to - gether on the legal problems involved in this matter . i Bus Service for the Elderly , Ellis Hollow Road Apartments . Mrs . Holcomb reported on the status of the temporary arrangement for bus service for the elderly housing project on Ellis Hollow Road . She said there have been several meetings regarding con ° tinuaton of the service , with the City of Ithaca , the Office of the Aging , Groff Associates , and Ithacare , and the Red Cross . It appears that additional buses will be available but it is not known when . The City of Ithaca will have additional buses avail - able for their major runs , but they do not know when . It was felt at these meetings that the temporary limited run should not be discontinued until more information is available on the avail - ability or buses . There was discussion at these meetings of re - adjusting the scheduled runs to serve the people better . The result of the meeting was that the Office,€' or the Aging agreed to pick upthe deficit from now until December 31 , 1975 . The City of Ithaca , by resolution dated September 3 , 1975 , will continue the bus route for four months ( September 2 through December 31 , 1975 ) under a cooperative agreement between the Town of Ithaca , . the County Office for the Aging and Groff Associates . The Town of Ithaca would enter into a similar agreement . M. s . Holcomb reported the bus run will continue three days a weeNk , ', but a ' different three days , and at different times based on experience , gained in the trial run . 11 Since the County Office for the Aging would be picking up the Town ' s share of the deficit , the Office for the Aging would like the Town to spend the saved money on other transportation needs for the elderly who would not be served by the Ellis Hollow bus rune The Board did not feel it should make such a commitment but that it would consider specific requests for funding projects for thegelderly . Motion by Councilman Powers ; seconded by Councilman McElwee , ' SGLS?ED , that the current arrangement , as previously resolved , ze continued through Monday , September 15 , 1975 ; further that this meeting be adjourned until Monday , September 15 , 1975 to consider a contract with the Office for the Aging similar to the contract between the Office for the Aging and the City of Ithaca . Unanimously carried . CETA FUNDS 114r . Fahbroni reported that CETA funds are available to tow:zs in' Tompkins County and that the Town of Ithaca submitted a request for such funds on August 22 , 1975 . The Town provided job description for an Assistant Town Engineer as a first prefer - ence andllfor a Landscape Architect as a second choice , to be hired by the Town and paid out of the requested CETA funds . Mrs . Livesay said the 'Irequest had been granted for funds ( through June 30 , 1975 ) 0 She had no further detail on the grant but said that the Town will t + Town Board Minutes - 6 - September 8 , 1975 soon receive notification of the grant . The grant will probably be for ;only one of the two positions outlined . IMPROVEMENT OF SNYDER HILL ROAD Mrs . Livesay noted that the proposed improvement of Snyder Hill Road has not yet been accomplished . She said she was dis - appointed also to see that the road was oiled and stoned since it adds another layer • to a road she says is already too high ; the oiling and stoning caused stones to be thrown on front lawns and made a , "machine gun " out of the residents ' lawn mowers . She said this type of road topping is inappropriate . Mr . Fabbroni said it was ' not as inappropriate as it might appear ; that , pending the improvement of the road , the oiling and stoning is necessary to prevent . the road from cracking up . . Mr . Fabbroni said the improve - ment of Snyder Hill Road is still one of the Town ' s priorities . ITHACA ` YOUTH BUREAU Mrs . Catherine Valentino reporting on the Ithaca Youth Bureau , said it appears the Town will not be asked for an in - crease in recreation funds for the coming year . INVENTORY OF HIGHWAY MACHINERY , TOOLS AND EQUIPMENT . Highway Superintendent Parkin presented the Inventory of Highway Machinery , Tools and Equipment for the Board ' s review and approval . After review , the Board acted as follows . Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that this Board , after review , approves the Inventory Of Highway Machinery , Tools and Equipment dated September 8 , 1975 prepared by Robert Parkin ; Town of Ithaca Highway Superintendent ; further that the said inventory shall be attached to and become a part of the minutes of this meeting . Unanimously carried . TOWN OF ITHACA WARRANTS Motion by Councilman Powers ; seconded by Councilman McElwee , RESOLVED , that the warrants dated September 8 , 1975 , in the follo,a:�ing amounts , be approved . General Fund > . $ 11 , 519 . 74 Highway Fund 22 , 029 . 48 Water and Sewer Fund 41959 . 69 Unanimously carried . BOLTON POINT WARRANTS Motion by Councilman Powers ; seconded by Supervisor Schwan , RESOLVED , that the Bolton Point warrants , after having been reviewed by the Southern Cayuga Lake Intermunicipal Water Com- mission and recommended by them for payment , are hereby approved for payment in the amount of $ 206 , 787 . 26 . Unanimously carried . A . C. 228 - T . H. 8 - 1966 INVEN „TORY OF HIGHWAY MACHINERY , TOOLS AND EQUIPMENT Highway Law , Section 142 (3 ) ( To be prepared by the Town Superintendent 'and filed with the Town Board on or before September 30 in each year . ) TOWN OF . . .. . . . . . . . . . . Z.trF.igQ.a . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . .. . . . . .. . . . COUNTY OF � Q.I�R �,IBS. . . .. . . . . . . . . . . . . . . . . . . . DATE OF INVENTORY . . . . . . . . . .. .S..ept}.er.Mber. . .8 , . . . 1 975. . . . .. . . . . .. . . .. . . . . .. . . . . . . . Estimated Cost Zuantity Description Year Purchase Condition of Manufactured Price Repairs 61 Brockway & Plow 1970 $24 000 . 00 Good $400 . 00 358 Brockway & Plow 1 20 8 00 Good 00 . 00 L8000 F P 22 . 378 , 00 Good 400 00 Plow 1967 27 , 400AG -Fair F600 Ford M61AQ Nw 1 F600 Ford 1972 5 , 800 . 00 Good 50000 P100 Ford Pie kup 1966 —?-,--160 . 00 Fair 00 00 F150 Ford Pickup 4 6 00 New Dodge Sedem Car 1975 36787aOO New 1 GMC Air Com r'essor Civil Defensel 1944 12500 Junk 1 T500 Galion Grader 1966 _ 27v07 0'0 Good 600 00 1 922 Cat Loa-der 196 .3 12 . 9 9 . 00 Fair 900400 1 Buffalo Holler 1947 6a70000 Fair 200 00 Gall ion Roller Fair 100noo 1 Case B ckh 2 Chain 279 . 075 . Fair&New 50000 Airflow Spreaders - - 4 8 . 6o 0 0 Fr . - Gd . -Nj . 300 . 00 1 Sicar Snow Blower Good 100000 12460 Grad.a,l s Power Broom Used ? 200 . 00 Fir 600 00 Stone Box 1958 10550 . 00 Fair 50900 1 Ford Mowing Tractor 0 New Radio Units - 300 & 00 Tools & Misco 1 00 00 I recommend purchase of the following : Description Estimated Cost Power Broom _ " 000600 00 Rubber Tired, Holler 000 00 New Loader by 8 4 Total $ . . . . . . Fent /� � . Town upe rinten �l 1 Town Board Minutes - 7 - September 8 , 1975 ADJOURNMENT The meeting was adjourned at 7 .900 p . m . to 5 .900 p . m . on Monday , September 15 , 1975 , to consider the proposed continuation of bus service to the elderly housing project on Ellis Hollow Road and the status of Rosemary Lane . Edward Le Bergen Town Clerk