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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