HomeMy WebLinkAboutTB Minutes 1976-08-09 TOD1N OF IT11ACA
REGULAR BOARD 10,1TIFG
August 9 , 1976
At a regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New Stork , held at the Town of Ithaca Offices
at 126 East Seneca street , Ithaca , liew York , on the 9th day of
August , 1976 , at 5 : 00 p . m . , there we 're
PRESENT * WAlter Jo Schwan , 8unervisor
Andrew W , McElw6e , . Councilman
Woel , Desch , Councilman
Victor Del Rosso , Councilman
Catherine Aa Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
ALSO PRESENT , James Vo Buyoucos , Town Attorney
Lawrence pa Fabbroni , Town Engineer/Building
inspector
Liese nronfenbrenner ; 116 McIntyre Place
Morris Angell , 203 Ithaca Road
David Cassel , 152 Pine Tree Road
Betty Friedlander , Attorney ( Angell )
Elizabeth Ca McLafferty , 110 The Parkway
ABSEIITa Robert 14 Powers it Councilman
Representatives of the �Kedia were also present
NORTHEAST PARKS
Mro Fabbroni reported that the Planning Board had recom-
mended , by resolution , that the Town Board consider the construc -
tion and implementation of two park sites - - Salem Drive site and
Tareyton Drive ' siteo The Board felt more information was needed
in order to make any decision with respect to these two proposed
pare sites ° particularly the Tareyton Road site which would in -
volve considerable expense for tennis courts , basketball courts ,
and other proposed facilities . T11th regard to the Tareyton Road
site , Ire Fabbroni was asked to investigate the agreement with
Cornell University to determine the status of the proposed site
and whether Cornell University would permit any- permanent improve -
ments on the site .
PANGELL D , ., LOPT!EPIT
IvIre Fabbroni read a resolution of the Town of Ithaca
Planning Board , adopted at their meeting of July 27 , 1976 , regard -
ing the preliminary plot plan for a variety store for the sale of
d1scount beverages . and related party goods , a future mini -gas sta -
tion , and a future car wash , as proposed by Morris Angell , to be
located at the corner ' of Judd Falls Road and Ellis Hollow Road in
a Business C5D " zone with permitted Business " C " uses . The Planning
Board approved this development , minus the car wash , and with cer -
tain conditionso The , Town Board makes the final decision with
respect to the approval of commercial site plans ,
Mrs . Friedlander , appearing for Mr . Morris Angell , demon-
strated on drawing the planned development and indicated they are
ready to comply with the conditions cited by the Planning Board .
Since the Board had some reservations in such matters as traffic ,
ingress and egress , trash storage , general appearance of the prem-
ises , and since there , was some question of the need for a public
hearing in this matter , it was agreed the matter ought to be taken
up again at another meeting . . P?ro Cassel , 152 Pine Tree Road ,
Town Board linutes m 2 August 9 , 1976
said that a n iirnber of : `his neighbors in the . area of this developm
ment are concerned , for the most part , only wil th the additional
traffic which will be generated at an intersection which he des -°
cribed as a " roadhouse to begin with '" o lie felt that tutting anvr
thine else in that area would be a serious disturbance . He urged.
cutting down on the entrances ( ingress and egress ) , if at all boss
sibleo sirso Friedlander said she would keep this in .Hind
Councilwoman :°af. Fensperger recommended that in the future
before an iten like this appears on the agencaa .,; the . Torun Board
ought to have had an opportunity to read the ?Manning Board minutes .
This appeared reasonable to the Doard . Mr . Fah.bronl , however , notes,:
that the Tocm Board meetings generally follow too closely on the
heels of . the Planning , Board aneetings for the minutes to be avail -
able . This could result in a month ' s delay in considering the item .
Councilman DelRosso recommended tabling the item and ex -
ploring it further in ' view of the Board ' s reservations on the lay-
out , traffic , entrances and exits , trash storage , and the question
of the need for a public hearing .
Motion by Councilman DelRossoi seconded by Councilman Desch ,
RESOLVED , that the matter of the proposed Angell development of
a variety store and mini �gas station on the corner of Judd Falls
Road and Ellis I_ollow ! RoaO be tabled at this time and considered
again on August 23 , 1976 ; rURTIER RESOLVED that the Town Engineer
shall consult with the County Engine ° to determine �A.Thether the '
proposed develon_ r!ent is compatible with satisfactory traffic cirm
culationo
unanimously carried .
SIGNS
Hro Fabbroni reported that the Planning Board on July 15 ,
1976 had recorxiended a sign approval for Custom Furniture Stripping
and had recommended sane to the Town Board for approval . On the
same day the Planning Board. , with regard to the hanging sign
applied for by Ste Catherine of Siena Catholic Church for temporary
advertisement of a raffle , indicated they have no objection to ite
It could , however , become a sign used for a changeable message
which is a ' hole '' in the ordinance which must be corrected . The
Planning Board has no authority to approve the hanging part of the
sign . The Planning Board asked ' zra Fahbroni to convey this infor,iia-
tion to the Town Board
k-3x . Fabbroni reported that the Planning Board on July 27 ,
1 : 75 reconmend.ed approval of . signs for John Cc Lowery ( t;ro signs ) ,
1:"b ° s Place , and Rite - Aid Pharmacy . Flub ° s Place had been approved
by the Zoning Boars. of Appeals for a special use on a special per
quit basis , All the recommended signs comply with square .footage
requirements .
A +ro Fabbroni reviewed each of these signs with the Board
as to square footage and general compliance . The Board approved
all the signs with the exception of the hanging sign for St . Cath-
erine of Siena Catholic Church ( which would require a variance ) .
They dirt not feel the hanging sign for special events was appro �
pri w
ate or necessary . The Board , therefore , acted as follos °
A:otion by Councilman Desch , seconded by Councilwonan Valentino ,
R.ES01 TED , that the ap;? lication of Ste Catherine of Siena Catholic
Church for a hanging sign of an additional 10 square feet to ad -
vertise special events is herebNr denied ,
Unanimously carried .
Town Board klinutes _ 3 -- August 9 , 1976
Motion by Supervisor Schwano seconded by Councilman MdElwee ,
RESOLVED , that the applications for signs for John C . Lowery ( two
signs ) , Hub ' s Place , Custom Furniture Stripping , and Rite °Aid Phar -
macy , are hereby. approvedo
Unanimously carried. .
PLUMBING CODE AND MODEL ORDINANCE_
FOR CROSS - CONNECTION CONTROL
Supervisor Schwan_reported that the Southern Cayuga Lake
Intermunicipal Water C6= ission adopted and has recommended that
each municipality participating in the Bolton . Point project , adopt
the plumbing code put "together by the Oixmer ° s Representative of
the Bolton point project . from . material gathered from other munici -
palities , and adopt d1so :' a local ordinance for cross connection
control which has also been adopted by the [rater Commission .
Copies of this material was distributed to each Board member .
The Commission has recommended that the- plumbing code and the
proposed local ordinar "ce for cross -connection .control be adopted
by each municipality " as is " and , if necessary , . amend it at a
later date. Councilman DICE111.iee suggested ac�opting the State
Plumbing. Code . This suggestion did not appear to be followed up .
Councilwoman Raffensnerger asked if there were any significan dif -
ferences between the proposed pitmbing code and the City of Ithaca
plumbing codeo . Supervisor Schwan said the main difference is that
this plumbing code makes no provision for a licensed plumber and
this code does not allow plastic pipe .
Motion by Supervisor Schwano seconded by Councilman Desch ,
RESOLVED , that this Town Board will hold a public hearing on
August 23 , 1976 at 5 . 3 ,0 p . m . to consider the adoption of a plumb -
ing code and regulations for cross - connection control ( to be known
as Part II of the plumbing code ) and to hear all persons for or
against the adoption of the proposed plumbing code . and regulations
for cross connection control .
Unanimously carried .
11ATER RATE SCHEDULE
Supervisor Schwan reported that the Southern Cayuga Lake
Intermunicipal V]ater Commission has adopted and has recommended
that each municipality participating in the Bolton Point water
project adopt a revised water rate schedule . He distributed to
each Board member a copy of the proposed water rate schedule .
Hotion by Supervisor Schwan ° seconded by Councilman Desch ,
RESOLVED , that this Town Board shall hold a public hearing on
August 23 , 1976 at 5000 p . m . at the Town Offices to consider the
adoption of a revised water rate schedule for the Bolton Point
water supply and distribution system , and to hear all persons for
or against the adoption of said revised water rate schedule .
Unanimously carried .
l
BID ON USED ROLLER FOR H IGg-P7AY DEPARTMENT
Proof of posting and publication of advertisement for
bids having been presented by the Town Clerk regarding used roller
for the Highway Department , the Town Highway Superintendent reportp
ed that only one bid had been received . The bid was made by Mel
Garr , Inc . , Auburn , New York , for a delivered price of $ 8 , 000 . 00
(without trade- in ) . (14r . Parkin indicated a new machine of this
type would cost between $ 13 , 000 and ; 25 , 000 ) .
Town Board Minute' s -- 4 NOW August 9 , 1976
motion by Supervisor Schwan , seconded by Councilman Desch ,
RESOLVED , that the bid , for a used roller for the 91ghway Department
in the amount of $ 8 , 000900 submitted by feel Garr , Inc . , Auburn ; New
York , be accepted .
Unanimously carried ,
SPEED LIMITS ON UANSHAW ROAD
Supervisor Schwan read correspondence :From Hers . Sally Nation
with regard . to speed limit on Fianshaw Road , and noted the related
petition from 27 persons in the . area . The Supervisor 4
recalled that
this matter was taken up originally at the May 10 , 1976 meeting of
the Town Board , and was tabled at that time . to be discussed again
at this meeting (August . 9 ) . The idea was that it iaould be . better
to make a request to the Department of Transportation in the fall
when the students were „ in. Ithaca and the traffic heavier .
Supervisor Schwan noted that historically requests for
lower . speed limits in this area have ' been denied , and , in fact ,
speed limits have been increased by the Department of Transportation .
There was general agreement on the Board that there would be some
risk involved in "requesting a lower speed . limit - � that the DOT , in
fact , might increase the speed limit ( perhaps to as much as 50 miles
per hour . ) The Supervisor pointed out that the chances of DOT rais -
ing the speed limit on Iianshaw Road are very real because it is a .
` straight shot ” , the sight distance is good , and there is not too
much of a hill .
It was agreed Mr . Fabbroni would draft a letter to Mrs .
i Nation pointing out the risk and advising her that the Board is
ready and willing to request a lower speed limit ( 30 m . p . h . if
the people in -the area are willing to run the risk of a higher speed
limit being established by the Department of Transportation .
APPOINT14ENTS TO PLANNING BOARD
The Supervisor recalled that the Planning Board had sub
mitted to the Town Board two names as candidates to replace Piro
Robert Scannell , Councilman McElwee at that time indicated he
could not make a choice since he was unfamiliar with the background
of the candidates * Therefore , the Board requested from each candi -
date a resume of experience . Supervisor Schwan said that the two
criteria for planning Board members originally established were
( 1 ) that there be geographical balance and ( 2 ) that the candidates
provide expertise in various fields . In the present case , Super -
visor Schwan felt that k r . Bradley ( one of the two candidates ) was
the logical choice since he is a specialist in landscaping replac °
ing 1.1r . Scannell who was a specialist in the same fields Council -
woman Raffensperger said Mrs . Oaksford ° s name had been submitted
back in 1975 and that '' she had expressed a willingness to serve ,
.Motion by Councilman McElwee , seconded by Councilman Desch ,
RESOLVED , that the Planning Board shall be responsible for recruit -
ing persons to fill Planning Board vacancies ; that the Planning
Board will henceforth discuss possible appointees with the Town
Board , and will then make a single recommendation to the Town Board
to fill the vacancy .
Unanimously carried .
With regard to the appointment - of Tors . Oaksford or Mr .
Bradley , this was referred back to the Planning Board to make a
single recommendation .
Town Board Minutes m 5 v August 9 , 1976
I-lotion by Councilwoman Raffenspergerr seconded by Councilman Desch ,
RESOLVED , that the foregoing resolution be . aMended too include
the provision that the Planning Board in the process of recruiting
persons to fill vacancies on the Planning Board shall advertise
the vacancies so that all interested parties will have an opportu �
nity to submit names .
Unanimously carried .
REPORTS OF TOT�rll OFFICIALS
Town Attorney
PIr . Fuyoucos said a hearing date in the Fianciamone matter
has been set .
Town Engineer
k1r . Fabbroni reported that material had been received
from the Department of Environmenta } Conservation a model
local law/ordinance for the protection of freshwater wetlands .
It was agreed that ?fir . Fabbroni and I14r . Buyoucos would study this
.further and consider it again on August 16 , with a view to a pub °
lic hearing on August 23 , 19760
Re � Zoning Ridgecrest Road area . The Planning Board has
recommended that the Town Board consider re - zoning the area west
of Ridgecrest Road , east of the Chase property , and south of East
I{ing Road that is not already R415 to R� 15 ( from R- 30 ) . Mr . Fab
broni asked the Board to schedule a public hearing to re - zone this
property since water and sewer is now available . Councilman Desch
recommended that a map be published in the Ithaca Journal showing
what is there now and what '* will be so that the people are in �
formed . I.?r . Fabbroni agreed to prepare a map and the Board will
review this matter again on August 16 , 1976 .
Sewer Service for 110 Horthview Road . ?.'•ir . Fabbroni read
a letter from I.Ir . Jacques L . Piguet , 110 Northview Road , Fast ,
requesting that sewer service be brought across the road . This
is a lot subdivided off an existing lot on Horthview Road . Since
. it is Town policy to do this , T:r . Fabbroni was authorized to ar °
range to have the work done by a reliable contractor .
. Letter fro*; John S . MacNeill , Jr . , P . C . , Consulting Engi -
neer & Land surveyor . % 3r . I+lacrteil ] cited possible extra costs
with regard to designing the highway maintenance facility , the
extra costs , he said , being due to delay in site selection . Mr .
Fabbroni will draft a letter to 21r . MacNeill conveying the Board ' s
expectations in this matter .
Flash Flood Damage ( July 11 , 1976 ) . Mr . Fabbroni dis ®
tributed some pictures of the damage incurred in the Town as a
result of the recent flash flood ( July 11 ) . The Town of Ithaca
application for flood ° damage reimbursement in the amount of about
$ 47 , 000 was approved for about $ 45 , 000 . Mr . Fabbroni had this
information from the Binghamton Office by telephone , but nothing
has been received in writing yet . I-lost of the damage is in the
Stone Quarry and Sand Bank Roads area . There is also some damage
in Eastern Heights and two creeks in East Shore Drive ,o also some
deposits in the flood channel .
Town Board Minutes 4 6 p August 9 , 1976
Town Supervisor
Water and Sewer Serial Bonds ; 01 F 967 , 000 ) o These bonds
will be bid on August 19 , 1976 at ll ° 00 A . ! I . in N&ti York City .
As soon as the brochure is available , it will be distributed to
the Board members . Supervisor Schwan noted that if rsunicipalities
continue to ride on BANS they will drain the local banks to the
extent that no money will be available to borrow locally for future
projects . The Supervisor went on to describe a " quirk " in the
Local Finance Law which will make it almost impossible for the Torun
of Ithaca to continue to have a surplus in the sewer fund
Lozier Engineers , Inc . m pa _ ent with regard - to 5 ° area
sewer project ( $ 970 ,, 000 ) . Lozier Engineers have requested payment
for their work in connection with the 5marea sewer ;project ° Owhich
includes field surveys , borings , plans and specifications a
total billing of $ 89 , 616 of which they have been paid $ 36 , 685 . 43 ,
leaving $ 52 , 330 . 57 outstanding . '.. h :. e ' r 'e' was some difference
of opinion on the Board as to how much of the $ 52 , 330057 is , indeed ,
due to Lozier Engineers , Inca for a project not consuim' atedo The
Supervisor noted that if the Town is to make the payment , then it
must be appropriated out of part°Town surplus , plus enough to re -
imburse what was previously paid ( $ 36 , 685043 ) . In order that the
subject might be looked into further before making full final paym
ment , the Board acted , as follows
Motion by Supervisor Schwan ; seconded by Councilman Desch ,
RESOLVED , that the Toun of Ithaca pay 50 % of $ 52 , 330057 ( $ 26 , 165e28 )
billed by Lozier Engineers , Inc . as balance due on the 5marea
( $ 970 , 000 ) sewer projects and , further , that the Town of Ithaca
appropriate from part- Town surplus that 500 ( $ 26 , 165028 ) , plus the
original $ 36 , 635043 already paid to Lozier Engineers , Inc . , with
the intent that the total be reimbursed to - part °Town Surplus from
project costs if and when the project is bid ° the foregoing will
result in a transfer in the amount of $ 62 , 850o71 ( $ 26 , 165 . 28 plus
$ 36 , 685043 ) from 1975 part° Towm Year End Surplus to the Trlater and
Sewer Fund ,
Unanimously carried .
TOT-114 OF ITHACA TIARRANTS
?lotion by Councilman Desch seconded by Supervisor Schwan ,
RESOLVED , that the `.'own of Ithaca warrants dated August 9 , 1976
be approved in the following amountso
General " Funs? 00000 , 0000 , , , , o $ 609123453
Highwaay Fund 000a0000 ° oeooaoe 10 , 585x21
Tlater and Sewer Fund o ° oe0000 126 , 128089
Unanimously carried .
BOLTOM POINT 111ARRANTS
1-lotion by Supervisor Schwane seconded by Councilman Desch ,
RESOLVED , that the Bolton Point warrants dated August 9 , 1976 ,
having been reviewed by the Town Board , and having been recommended
for payment by the Southern Cayuga Lake Intermunicipal E7ater Conn
mission , are hereby approved in the amount of $ 196 , 6780620
Unanimously carried .
Town Board Minutes August 9 , 1976
FLOOD DAMAGE REPAIRS A17D CLEA11- UP
There was a brief and inconclusive discussion on how to
handle flood damage repairs and clean ° up while awaiting Federal
approval of the work to be done . It was suggested that sortie of
the work ought to be contracted out ( cleaning of streams ) and the
Town could do re*medial paving . Councilman HIcElwee was concerned
that routine work . was not being . done because of prem- occupation
with work resulting from the flash flood of July, 11 , 19760
ADJOURMENT
The meeting was duly adjourned at 7A5 p . m . to 5a0O pome
on August . 16 , 19750
Edward Lo Bergen
Town Clerk