HomeMy WebLinkAboutTB Minutes 1976-01-12 TOWN OF ITHACA
REGULAR BOARD MEETING
January 12 , 1976
At a regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town of Ithaca Offices
at . 126 East Seneca Street , - Ithaca , New 'York , on the 12th day of
January , 1976 , at 500 p . m . , there were
PRESENT : Walter J . Schwan , Supervisor
Noel Desch , Councilman
Victor Del Rosso , Councilman
Robert N . Powers , Councilman
Shirley Raffensperger , Councilwoman
Catherine A . Valentino , Councilwoman
ALSO PRESENT ° James V . Buyoucos , Town Attorney
Lawrence P . Fabbroni , Town Engineer/Building
Inspector
Barbara P . Holcomb , Planning Board Chairwoman
Robert E . Parkin , Frighway Superintendent
Robert Bonnell , Assistant to Town Engineer
Beverly Livesay , County Representative
Heinz Biesdorf , 702 Hudson Street
Warren Buck , 103 Salem Drive
Rocco Lucente , 103 Salem Drive
Fred Hartsock , 1205 Trumansburg Road
Charlotte Martin , Health & Safety Chairman ,
Bell Sherman PTA
Otto Schoenfeld , Gaslight Village r
David Wilson , 232 Troy Road
Beverly Zimmerman , 301 Maple Avenue
Representatives of the Media
ABSENT * Andrew W . McElwee , Councilman
DOG CONTROL LAW
Mrs . Valentino reported that the SPCA would like to cooper
ate with the Town of Ithaca in dog control but at this time they
are understaffed and not in position to take on any additional
responsibilities . Their income has been reduced ° they are no
longer receiving funds from the United Way . Insofar as unlicensed
dogs are concerned they are taken care of under the County ' s con -
tract * The SPCA now has contracts with the City of Ithaca , the
Village of Cayuga Heights , Lansing , Dryden , and Danby . Council -
woman Valentino said she would continue to discuss with the SPCA
the matter of a contract and would continue to talk to the other
municipalities about their dog ordinances .
Attorney Buyoucos said he had studied the ordinances of
Ir the other municipalities and did not think they are any improve
ment over the Town ' s draft . He advised the Board they could adopt
the Dog Control Law as presently drafted with the nuisance and
leash provisions , or excise the leash provisions and any reference
to picking up dogs running loose and impounding them ( thereby avoid
ing the boarding costs ) . Mr . Buyoucos said the present draft has
been approved by the Department of Agriculture and Markets .
The sense of the Board was to avoid provisions with respect
to impoundment and related costs and provisions which would add to
the problems of enforcement . Mr . Buyoucos . recommended retaining
' the nuisance sections of the law and excising the sections involy-
ing impoundment and enforcement . Any such major changes would
Town Board Minutes - 2 - Jandary =l2 , 1976
require a new
qu public hearing . �'he . Board agreed to take this
approach , the matter to be followed up at the next Board meeting .
Mre Lucente recommended stiffer penalties - to prevent
repeat offenses because the present fines appear to be ineffec -
tive . Mr . Buyoucos felt this was better left to the discretion
Y of the Town Justice , and noted , further ., that . the range of penal -
ties has been established by the Department of Agriculture and
Markets and is reflected in the drafty
a _
CERACCHE TV FRANCHISE
Councilman Powers recommended that this matter be tabled
until the next meeting when he would have more information avail -
able . It was so agreed .
REPORTS OF COUNTY REPRESENTATIVES °
a
Mrs . Livesay reported that the Tompkins � Oounty. Hospital
Board of Managers is to be completely . re -donstituted and enlarged .
The deadline for any input in this regard is Friday , January 16 ,
1976 .
Mrs . Livesay said the matter of paid Airport parking was
tabled again until the first meeting in April . Ticket tax is not
permitted nor is a boarding feed ( A tax oil boarding fees is per -
mitted in some states ) Apparently such a tax does not affect
everyone equally . At any rate ; it is illegal .
WELCOME , TO NEW BOARD .MEMBERS
Supervisor Schwan welcomed the n er�.v1y . • elected Board mem-
bers , Catherine A . Valentino and Shirley RAffensperger , and hoped
they would enjoy serving on the Board .
APPROVAL OF MINUTES
Motion by Supervisor Schwan . seconded by . Councilman Powers ,
RESOLVED , that the minutes of the meetings of October 27 , November
61 10 , 17 , 1975 be approved , as presented .
Unanimously carried .
RE -APPOINTMENT TO Z014ING BOARD OF APPEALS
Motion by Supervisor Schwan seconded by Councilman Desch ,
RESOLVED , that Mrs . Laurene Ripley of 523 Highland Road is hereby
re -appointed to the Zoning Board of Appeals for the term beginning
January 1 , 1976 and expiring December 31 , 1980 .
Unanimously carried .
ACCEPTANCE OF A PORTION OF
LEXINGTON DRIVE SANITARY SEWER EASEMENT
Town Attorney Buyoucos distributed for the Board ' s re
view a proposed resolution in the matter of the Otto Schoenfeld
Williamsburg Park Subdivision , Section 5 , Place " C `° as shown on
the subdivision map dated December 2 , 1975 made by R . Co McDowell ,
Jr . , Surveyor ,
Mr . Fabbroni reported that the roadway has been completed
with the exception of oiling and stoning for the first 12 lots
of the 41 lot subdivision approved by the Town of Ithaca Planning
Board . Mr . Otto Be Schoenfeld has almost virtually sold out to
Mr . Chase so there is a change of ownership . Mr . Schoenfeld has
posted a $ 3 , 000 letter of credit for the completion of the oiling
Town Board Minutes - 3 - January 12 , 1976
and stoning in the Spring . Mr . Schoenfeld is asking the Town
Board. members to accept the deed to the portion shown in red
( entire east loop running north from Burleigh Drive and the east
40 ft , of the .north loop :. ) • on the aforesaid subdivision map , and
the easement for the sewer lines which are in place and approved by
the Village of Cayuga Heights . 11 The Board is also being asked to
authorize Supervisor Schwan to execute an : agreonLent with -aMk . Schoenen
feld on behalf .of the Town of Ithaca for the completion of the road
in accordance with the specifications of the Town of Ithaca prior
to June 1 ; 1976 , Mr . Schoenfeld to supply sufficient security for
such completion .
Motion by Councilman Desch ,, seconded by Councilman Powers ,
IT IS RESOLVED .
Section 1, . , Lexington Drive . Entire east loop running
north from Burleigh . Drive and the east 40 ft . of the north loop .
This portion of Lexington Drive has been outlined in red on the
aforesaid subdivision marl . The construction of said road is par -
tially completed in accordance with Town specifications . The Town
will accept title to said road and authorize the issuance of build -
ing permits for parcels 12 . 1 - 12 . 11 as shown on said map , provided
the following conditions are met ,
(A ) Easement for sanitary sewer will be granted in accord -
ance with Section 2 of this resolution .
( B ) The Town Attorney will approve deed to be submitted ,
description , and will certify good title in the Grantor of the deed
free and clear of liens and encumbrances , subject to easements and
covenants of record which the Town Engineer will approve .
( C ) The Town Engineer certifies approval of description
and all other matters relating to the acceptance of the road .
( D ) Otto B . Schoenfeld , his successors and assigns , agree
, to complete road in accordance with the specifications of the Town
of Ithaca prior to June 1 , 1976 and to supply sufficient security
and execute an agreement to be prepared by the Town Attorney and
approved by the Town Engineer relating to the foregoing . The Town
Supervisor is hereby authorized to execute such agreement .
feld . ( E ) Abstract of title will be furnished by Otto B . Schoen -
• - .
Section 2 . Sanitary Sewer Easement . The Town will accept
title to the sanitary sewer facilities and appurtenances construc -
ted and installed and as shown on the aforesaid map and will also
accept title to an easement for such sanitary sewer facilities as
shown on said map within the boundaries marked in red on a copy of
said map filed in the Town of Ithaca offices and provided that the
certification and approvals of the Town Attorney and Town- Engineer
are obtained as in Section 1 .
Unanimously carried .
CONTRACT BETWEEN TOWN OF ITHACA AND THE
CENTRE FOR RELIGION , ETHICS AND SOCIAL POLICY
Councilwoman Valentino put before the Board members a copy
of the proposed contract for their review . It appears that $ 6 , 000
made available by the City of Ithaca will be matched by the State
so that $ 12 , 000 will become available for the operation of a " Youth
Service Project " . A review of the contract developed several ques -
tions which the Board felt the Town Attorney should look into be -
fore it is signed by the Supervisor on behalf of the Town of Ithaca .
Town Board Minutes - 4 - January 1 � , 1976
There was particular concern over paragraph ( 2 ) which does not
state how much State aid and reimbursement the Town is entitled
to as sponsor of the project . The question arose ° Would the
Town be liable for $ 6 , 000 in the event , for some reason , the State
aid were not forthcoming ? Paragraph ( 2 ) also alludes to . C .
the Town , through its Youth Bureau C 0 o The Town of * Ithaca does
hot have a Youth Bureau . It was felt that in Paragraph 5 the words
at its own expense . . should be added .
The sense of the Board was that this was a worthwhile
project which the Town of Ithaca would like to sponsor , but that
the legal commitment will need to be clarified . The Board , there-
fore , acted as follows *
Motion by Councilman Desch ; seconded by Councilman Powers ,
RESOLVED , that the Supervisor is authorized to execute the pro -
posed agreement between the Town of Ithaca and the Centre for
Religion , Ethics and Social Policy on behalf of the Town of Ithaca
when he has been advised by the Town Attorney that the agreement
has been properly worded so that the Town ' s legal commitment is
clearly defined .
Unanimously carried .
PERSONS TO BE HEARD
Rocco P . Lucente . Mr . Lucente asked what the Town ' s
Policy is with regard to street lighting in the Northeast . . Super -
visor Schwan said the Town ' s policy is to light the intersections
of all accepted Town roads . Mr . Lucente stated that the Winston
Court intersections do not have any lights . Mr . Lucente stated
also that Winston Court ( in the apartment complex ) had not been
properly re - surfaced , tarred and stoned . Mr . Lucente was advised
with respect to the intersection lights he only has to send the
Town a letter requesting the lights ; and that with respect to the
re - surfacing of Winston Court Dire Fabbroni and Mr . Parkin will
look into it .
Mr < Lucente also inquired as to the time table for the
development of parks in the Northeast , including swings , picnic
tables , fire places , weekly maintenance of lawns and re- seeding .
Supervisor Schwan said all this would be re -examined in connec -
tion with the park and open space policy .
REFUNDS OF TAX ASSESSMENTS
Fred Hartsock . Tax Parcel 26 - 4 - 34 . 1.2r . Hartsock felt
that the water benefit- assessment of 28 . 80 was . not fair since
this is backland and he does not intend to sell or sub-divide the
property . It was pointed out to Mr . Hartsock that there - are simi -
lar situations all over the Town of Ithaca . The charge is based
on the distance from the pipe and that should the parcel be sub-
divided it would have access to water and that accessibility to
water makes the property more valuable . It was also pointed out
to Mr . Hartsock that his property is assessed for water benefit
charges based upon the same formula that is used throughout the
Town ,
Heinz Be Biesdorf . The Board reviewed . Mr . Biesdorf ' s
letter of January 9 , 1976 with regard to Parcels 6 - 42 - 1 - 9 . 4 and
6 - 42 - 1 - 9 . 5 , on the Coddington Road , requesting the Town Board to
evaluate these parcels for water services in accordance with the
formula for " Undeveloped Acreage (with water only , but where the
water main is across the road ) " . These parcels are now assessed
for five units based on availability of water to the acreage .
The Board re -affirmed that water is available to these parcels .
Town Board Minutes - 5 - January 12 , 1976 .
Supervisor Schwan said the water main is across the road
and pipe can be , hydraulicly rammed under the road , and ,' ' 'therefore ,
water is available to the property . Mr . David Wilson asked if
the Town at its expense brought the service to the right 'of way
fronting an ovmer ' s property . Supervisor Schwan said: all recruests
for water or sewer connections to the property line . are - at the ex -
pense of the Town of Ithaca . In this case ( Biesdorf ) , the Town
will , at its expense go under the road to the right-y f -y�ay which
is 25 fte ' from the center of the road , if and when Mr -. Biesdorf .
requests a building permit o This policy was established when the
water districts were established . Mr . Biesdorf was advised to
have any prospective buyer of his lots get in touch . with the Town
for confirmation of the Town ' s policy in this regard .
For clarification , it should be emphasized that. the
property owner ; at his expense , makes the connection from the
property line to the building on the lot .
Richard R . Knight , 113 Clover Lane Tax Parcels Nos .
59 - 2 - 17 . 1 and 59 - 2 - 12 . Mr . Knight in a letter dated January 6 ,
1976 advised that he has requested the Tompkins County Assessment
Division . to combine these parcels and they have agreed to do so .
Mr . Knight is 'requesting a refund of one water unit and one sewer
unit because parcel 59 - 2 - 17 . 1 has for access only an 18 ft . strip
of land along an old railroad bed opening into a small grocery
store parking lot on Mitchell Street next to a 4 - story experi -
mental laboratory on Cornell University property , and could hard -
ly be used for other than a lawn or garden area . Councilman Desch
said a refund should be made only when the parcels are actually
combined and the Town has notice to that effect by the Assessment
Division . It was agreed that when the Assessment Division formal -
ly notifies the Town that the parcels have been combined the re -
quested refund will be made .
Earl G . and Anita K . Delarue . Tax Parcels 54 - 4 - 33 and
54 - 4 - 34 . This is another request for refund based on combining
parcels ) and the Board agreed again to refund one water and one
sewer unit when official notice of combining of parcels is re -
ceived from the Tompkins County Assessment Division .
PARK AND OPEN SPACE PLAN
The Park and Open Space Plan was placed before the Board
for acceptance as a working document . This is the plan prepared
by Miss Susan Blumenthal , Summer Planning Intern , during the sum-
mer of 1975 . Councilman Powers wondered if this plan could be
accepted at this time without going over it page by page . Mrs .
Holcomb said the Board would not be approving its they would be
simply accepting it for use as a base for developing " all the
concrete things . " Upon a question by Mrs . Raffensperger it was
noted that the priorities could be switched around . Mr . Fabbroni
said maps are being prepared now to accompany the document and
some revisions which came out of discussions with the Planning
Board and the Town Board have been made . Therefore , in a sense ,
the plan is being updated already . Councilman Desch described
the plan as a program statement . Councilman Del Rosso said the
plan indicates various approaches to the use of the land . After
some further discussion to clarify the wording of a resolution
the Town Board acted as follows &
Motion by Councilman Deschs seconded by Councilman Del Rosso ,
RESOLVED , that this Town Board hereby accepts the Park and Open
Space Plan , prepared by Miss Susan Blumenthal , Summer Planning
Intern , as a working document to enable the Town to proceed to -
ward adopting plans , local laws , and other specific programs to
implement a park policy , and to provide a "general framework for
funding and grant applications under comprehensive planning and a
basis for preparing site plans for certain parks . -
Unanimously carried .
Town Board Minutes _ 6 - January 12 , 1976
MITCHELL STREET STOP .SIGNS
Supervisor Schwan read a letter dated. January 9 , 1976
from the Belle Sherman PTA thanking the Board for having stun
signs installed on Mitchell Street at the corner of Vine Street .
Since the signs have since had to be removed because the Tompkins
County Highway Department said it was illegal for the Town to put
stop signs at that location ', the PTA requested that the Board take
action immediately to replace the signs with another means of pro-
tecting the children on their way to and from school , suggesting
the hiring of a crossing guard .
After brief discussion the Town Board acted as follows .
Motion by Supervisor Schwano seconded by Councilwoman Raffensper -
ger ,
RESOLVED , that a crossing guard be employed by the Town for the
Belle Sherman School to be stationed at the slitchell Street-Vine
Street crossing , funds for same to be transferred out of the con- ��/�
tingency account .
Unanimously Carried .
Mrs . Zimmerman noted that the crosswalk painted by the
Town is covered by the snow and needs to be re -painted . P. Zr ;
Fabbroni said this will be done in the spring . Mr . Parkin said
he would look into the matter of seeing that the snow is plowed
back sufficiently for the children to have room to walk .
Advice will be received from the Belle Sherman school as
to what hours the crossing guard will need to be on duty .
TRANSIT STUDY CONSULTANT
Mr . ' Fabbroni referred again to his memo in which he
recommended against the employment of a consultant for the con -
templated transit study . He said any transit study would need
to be tied into the Meyburg study and supplement it and coordinated
with the City of Ithaca system . Mr . Fabbroni said the project
could be handled °° in °house '° if a year is roughly allocated to the
work . Mrs . Holcomb noted that if the job is done " in - house " some
money could be spent for additional help ( possibly student help
from Cornell University ) . The sense of the Board was that under
the circumstances the idea of hiring a consultant could be aban -
doned , that the study could be done " in °house " . Therefore , the
Board acted as follows .
Motion by Councilman Del Rossoi seconded by Councilman Powers ,
RESOLVED , that the Town Engineer is hereby authorized to prepare
a time table , budget , and method for the implementation of the
proposed transit study .
Unanimously carried .
REPORTS OF TOTAM OFFICIALS
Dir . Fabbroni reported on the following matters .
Tudor Road ( Stein Builders , Inc . ) Mr . Fabbroni reported
that the Town had accepter: a letter of credit from Stein Builders ,
Inc . for the completion of Tudor Road which terminates January 13 ,
1976 '. He recommended that the Town release Stein Builders , Inc .
of the obligation to renew the letter of credit . The work on the
road is 100 % completed . The abstract of title has been brought
up to date , but Mrs Buyoucos must review the abstract of title
and examine the deed . Mr . Fabbroni assured the Board that the
Town Board Minutes 7. - January 12 , 1976
the construction work on the road has been successful ; that the
run-off is decreasing and as more and more lots are grassed off
it will improve even mote . After the discussion , the Board acted
as follows *
Motion by Supervisor Schwano seconded by Councilman Desch ,
RESOLVED , that the Town of Ithaca : hereby authorizes the release
of the $ 13 , 000 letter of credit 8k Stein Builders ; Inc . in recog -
nition of the fact that ' Tudor Road has been built to the Town of
Ithaca highway specifications , but with the understanding that the
deed and abstract. for such highway must be brought up to the pres -
ent transfer between Stein Builders , Inc . and the Town of Ithaca .
Unanimously carried .
STREET OPENING PERMIT REFUND
Motion by Councilman Desch : seconded by Supervisor Schwan ,
RESOLVED , that the $ 100 ° 00 deposited by Boswell Estates for a
street opening permit for 111 Sharlene Drive be refunded , based
upon the satisfactory restoration of the road .
Unanimously carried .
SNYDER HILL WATER TANK
It appears that the electric power which operates the
Snyder Hill Water Tank is run off an electric line through the
WVBR tower and WVBR would like to be reimbursed by the Town to
the extent of about $ 40000 a year . It was agreed that Councilman
Desch will look into this matter with the administrators at WVBR
and work it out .
ITHACA-TOMPKINS COUNTY
TRANSPORTATION COMMISSION
Mr . Fabbroni reported that Frank Re Liguori , Tompkins
County Planning Commissioner , has prepared a draft of an agree -
ment by municipalities in Tompkins County to jointly participate
in the Ithaca-Tompkins County Transportation Commission . The
Commission , in cooperation with the Department of Transportation
would prepare a county-wide transportation plan for Tompkins Coun -
ty to coordinate transportation plans and programs , with regard
to streets , roads , highways , transit systems ( publicly and/or
privately operated ) , airways , railways , bicycleways , pedestrian-
ways , and waterways * The Transportation Commission would not con -
struct or operate any of these but would function as planners ,
coordinators , and facilitators , and the Commission would be re -
sponsible directly to the participating legislative bodies and
make recommendations directly to them , One of the prime purposes
of the Commission would be to help minimize duplication of effort
and the time consumed in having a multiplicity of Committees ,
( Octopus , Crosstown , Transit , and others ) . The Commission could
provide the basis for planning and programs leading to grant
applications that would come to fruition ,
Mro Fabbroni said he wanted to transmit to Mr . Liguori
the feeling of the Town Board as to whether he ( Liguori ) should
proceed with this or abandon the idea . The sense of the Board
was that this appeared to be a worthwhile project and that Mr .
Liguori should proceed with it .
Town Board Minutes v 8 _ January 12 , 1976
TOWN OF ITHACA WARRANTS
Motion by Councilman Desch . seconded by Councilman Powers ,
RESOLVED , that the Warrants dated January 12 , 1976 , in the follow-
ing amounts , be approved for payment .
General Fund G . p . C . C C 0 0 0 . Y G $ 9 0 9 3 Y V 0
Highway Fund 6 , 409 . 27
Water and Sewer Fund . . . . . . 1 , 325. 06
Unanimously carried .
BOLTON POINT WARPMTTS
Motion by Supervisor Schwan ; seconded by Councilman Desch ,
RESOLVED , that this Town Board , after having , reviewed the Bolton
Point warrants dated January 12 , 1976 , and upon the recommendation
of the Southern Cayuga Lake Intermunicipal Water Commission that
4 .
the said warrants are in order for payment , hereby approves same
for payment in the amount of $ 295 , 585 . 906
Unanimously carried .
In connection with the Bolton Point warrants , Councilman
Del Rosso requested that the Ithaca Town Board receive an updated
statement of monies paid to date and percentage of project comple -
tion . This will be provided at the next Board meeting .
ADJOURNMENT
The meeting was duly adjourned at 7 . 00 p . m .
Edward L . Bergen
Town Clerk