HomeMy WebLinkAboutTB Minutes 1976-10-11 TOTHN Off' ITS ACA
RECULAR DOARD "1EETIIIG
October 11 , 1976 - 5 00 p . m .
At a regular metting of the Town hoard of the To�,an of Ithaca ,
Tompkins County, Mew York , held at the Town of Ithaca OZ11ces at
126 East Seneca Street , Ithaca , New York , on the 11th ;day of Oct o-
ber , 1976 , at 5000 p . m . , there were
PRESEWTo. Walter J . Schwan , Supervisor
Andrew No McElwee , Councilman
Robert *T . Powers , Councilman
Victor Del Rosso , Councilman
Catherine A . Valentino , CouncilT-woman
Shirley Raffensperger , Councilwoman
Moel Desch , Councilman
ALSO PRESEEJTs James V . Buyoucos , ToGan Attorney
John C . Barney ( Buyoucos & Barney )
Peter Gooc°lan ( Buyoucos & Barney )
Lawrence P . Fabbroni , Toi*an Engineer/Luilcding
Inspector
Barbara P . HolcoriLb , Planning Board Chairwoman
Robert Parkin , Highway Superintendent
Beverly Livesay , County Representative
Rocco P . Lucente ( Builder )
Tlarren Buck (Associate of Lucente )
Dr . Harold L . Purdy
11r . and _irs . Do Lo Starkweather ,, 104
sapsucker [•Too s Road
Richard �Io Raymond , 311 Elmwood Avenue
Representatives of the P3edia
PUBLIC HEARIFG - FIRE COMTRACT C1IITH CITY OF ITHACA
Motion by Supervisor Schwan # seconded by Councilman McElwee ,
RESOLVED , that a public hearing be held by the Town of Ithaca
Board at 5 ° 10 p . m . , November 4 , 1976 in the Town of Ithaca Offices
at 126 East Seneca Street , Ithaca , New York , for the purpose of
hearing all persons interested in the renewal of a contract with
the City of Ithaca for fire protection for a one -year period on
the basis .of $ 136 , 500 for the year 1977 in the Town of Ithaca ,
excepting the following areas , to wite
a ) the Village of Cayuga Heights ,
b ) the area comprising all the territory lying between
the east boundary of the Village of Cayuga Heights
and the east boundary of the Town of Ithaca ,
c ) the Hamlet of Forest Home exclusive of the structure
housing the Cornell University Filtration Plant .
Unanimously carried. .
PUBLIC HEARING - FIRE CONTRACT ifTITH VILLAGE OF CAYUGA HEIGHTS
Motion by Supervisor Schwan seconded by Councilman McElwee ,
RESOLVED , that a nublip hearing be held by the Town of Ithaca
Board at 5 ° 15 p . m . November 4 , 1976 in the Town of Ithaca Offices
at 125 East Seneca. Street , Ithaca , New York , for the purpose of
hearing all persons interested in the renewal of a contract with
Town Board Minutes - 2 - October 11 , 1976
the Village of Cayuga Flei.ghts for fire protection for a one year
period on the basis of ', $ 23 , 000 . 00 whereby the Village of Cayuga
Heights , agrees that its Fire Department will give fire protection
for the year 1977 in the Hamlet of Forest Home and in that portion
of the Town to the north of Forest Dome and between the east buuYi -
dary of Cayuga Heights and the east boundary of the Town of Ithaca .
Unanimously carried .
PUBLIC HEARING - .LIGHTING DISTRICTS
MID WATER XMD SEWER ID41PROVEIIENTS
Motion by Supervisor Schwan ; seconded by Councilman Desch ,
RESOLVED , TiOMEREAS the Town of Ithaca has prepared assessment rolls
on the parcels of land ` '' included in the .following .
( 1 ) Forest Nome Lighting District ,
( 2 ) Glenside Lighting District ,
( 3 ) Renwick heights Lighting District ,
( 4 ) Eastwood Comb ons Lighting District ,
( 5 ) The Tolln of Ithaca water and sewer improvement now
operated by the Town as a Tovmm hide function and
covering all ' Ilands in the Town , pursuant to Section
209 � r of the ' Town Law ! this assessment roll includes
not only all '; ' the parcels formerly included in all the
former water , and sewer districts , but also all other
lands in the I' Town of Ithaca outride of the Village of
Cayuga Heightsro and has apportioned and assessed upon
such parcels , jof land in proportion to the amount of
benefits the ' improvements shall confer upon the same
the coats chargeable to said districts and said land
in the Town of Ithaca for the establishment and con -
struct.-
..on of Ithe improvezents in said districts , in
imp the water and sewer systems therein , which
charges are layable in the year 1977 and , therefore ,
pursuant to Section 239 of the Town Law , the said Town
Board will hold a public hearing thereon at the Town
Offices at 126 East Seneca Street , Ithaca , New York ,
on the 4th day of November , 19760 in the order listed
above beginning at 5020 p . m . , at which time it will con-
sider any objections which may be made to said assess-
went rolls and apportionments .
Unanimously carried .
r `tlI 'OF PM, LIMINARY BUDGET
The Supervisor reviewed with the Board and for the benefit
cf the ,ipublic the preliminary budget page by page . In the course
cif the ''review the Supervisor requested that he be authorized to
pt; t. ition the City of Ithaca , the Ithaca City School District , and
the County of Tompkins for 100 % exemption of the Town Hall from taxes .
The Board acted as follows
Motion by Supervisor Schwane seconded by Councilman Powers ,
RESOLVED , th«t . the ToVm l?supervisor is hereby authorized to write
a letter to each of the three taxing jurisdictions - - the City of
Ithaca , the Ithaca City :School District , and the County of Tompkins - -
requesting that they exegmt the Town of Ithaca Town Fall at 126 East
Seneca Street , Ithaca , New 47ork , from ad valorem real estate taxes .
li
Unanimously carried .
Town Board 11inutes - 3 - October 11 , 1976
Further review 'of the budget led to a discussion of the
salaries of the Town Justices . Councilwoman Raffensperger notcd
that , again , the Justices ' salaries are not the same . She requested
again that they be the same . Supervisor Schwan said that Councticra
woman Raffensperger could make that request in the form of a ItmotI.0;.1
at the budget meeting in November . It was agreed that the Board
would request each Justice to provide them with a tabulation of
their case load . Councilman Powers felt there should be some cur -
relation between case load and salary . The Board did not feel it
was a matter of revenue received , but a matter of case load .
On the suggestion of Councilman Desch , it was agreed that
the Town Engineer and the Town Highway Superintendent should take
a closer look at the amount budgeted for the new highway barn faci -
lity . Councilman McElwee thought it should be substantially in-
creased .
LtZrs . Holcomb , Planning Board Chairwoman , said she felt
there was too little money in the planning budget , particularly
if the proposed zoning ordinance is published , The Supervisor•
noted there is $ 5 , 000 in the contingency account which could be
utilized for that purpose . The possibility of bringing the con -
tingency account back up to $ 15 , 000 was considered .
Councilwoman Valentino recommended that further discussion
should be had in executive session with regard to staff salaries
and staff reorganization , and that at that meeting the staff sal -
aries should be broken down . Councilman McElwee said he thought
the amount of time devoted to the Bolton Point project by two of
the Board members -- - Supervisor Schwan and Councilman Desch - - ought
to be reviewed . TrTith regard to staff salaries and staff re -organi °
zation , it was ag.~eed a meeting in executive session would be ar-
ranged . T47ith regard to involvment with the Bolton Point project ,
Councilman Desch did not feel this of-19,ht to be imposed on the Town
of Ithaca budgeto
PRELIMIid.ARY BUDGET - SCHEDULE PUBLIC HEARING
After the review of the budget , the Board acted as follows °
Notion by Supervisor Schwan ; seconded by Councilman McElwee ,
RESOLVED , that the Town Board hereby prepare and . approve as a
Preliminary Budget of this Town for the fiscal year beginning
January 1 , 19771 the itemized statement of estimated revenues and
e%�penditures , as prepared , a copy of which is to be made a part of
ttese minutes , and
1. T YUT TRI ER RESOLVED ; that the Town Board of the Town of Ithaca
sh—A."Ll Meet to hold a public hearing at 5 : 25 p . m . on Thursday , Novem-
bcw- 4a 10. 76 at the Town Offices , 126 East Seneca Street , Ithaca ,
New X .DT':. , _:or the purpose of hearing any person for or against any
item or items thereint and
BE IT FURTHER RESOLVED ,, that the Town Clerk shall give notice of
such public rearing in the manner provided in Section 108 of the
Town Law providing that such notice shall be published in the Ithaca
Journal at least twice .
Unanimously carried .
YENGO rAM1 LY FZSTATJRk73 :""
14r . Fabbrcni iilu trated on aerial photograph the area
H, Proposed 4o be re -- zoned to Dusiness " C " for a Family Restaurant
on Tax Parcels Nos . - 6 37 - 1 - 20 . 8 , 20 :. 9 , and 20 . 10 on Danby Road .
aa,
I
Town Board Minutes - 4 - October 11 , 1976
Supervisor Schwan noted that the Planning Board had recommended
the proposed re - zoning to the Town Board for a family restaurant-
only „with bar operation incidental thereto . There is 15 , 003 sq ,
ft . , three building lots with adequate parking ; it is zoned R- 15 .
Councilwoman Raffensperger requested that the Planning Board miri.-
utes be made available prior to a public hearing ,
Notion by Supervisor Schwan ; seconded by Councilman TicE. lwee ,
RESOIVED , that the Town Board shall meet and hold a public hearing
on November 4 . 1976 at 6 4. 30 p . m . at the Town of Ithaca Gffic ii at
126 East Seneca Street , Ithaca , New York , to consider the request
of Thomas Yengo for re - zoning to Business " C ” for a Family RestauL
rant on Tax Parcels Nos . 6 - 37 - 1 �- 20 . 8 , 6 ° 37 - 1 - 20 . 9 , and 6 - 37w� 1 � 20 . 10
on Danbv Road .
Unanimously carries .
COMBIFED REGULAR A197D BUDGET MEETING
notion by Supervisor Schwan ; seconded by % Councilman Powers ,
RESOLVED , that the Town Board of the Town of Ithaca shall hold
a combined regular and budget meeting on November 4 , 1976 at
500 p . m . in the Towniloffices , as required by Town Law ,
Unanimously carried .
SAPSUCKER WOODS ROAD - REQUEST FOR LOWER SPEEA D LIMIT
Mr . Fajoh -oni � �
� ote that Sup Sucker 1400ds Road had been
omitted from tine list 'Iof roads for speed limit regulations and
suggested that 'town now request a lower speed limit there - -
Sapsucker Iloods Road from Hanshaw Road to dead end . MA . Fabbroni
did not think there would be any problem over the fact that the
road is jointly owned !I; by the Town of Ithaca and the Town of Dryden .
The possibility of a joint resolution was suggested . For the time
being , it was c? ecidedito request 30 miles per hour on this road .
Notion by Supervisor Schwan ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town of Ithaca request a speed limit of 30
miles per hour on Sapsucker Woods Road from Hanshaw Road to the
dead end , from the Department of Transportation .
Unanimously carried .
PERSONS . TO_BE- HEARD_.;
for . Rocco Lucente , 506 Warren Road , requested that the
': C}wn ° do something about the condition of Winston Court . He felt
should be oiled and stoned ; that this road has been overlooked .
Highway Superintendent Parkin said there was not enough money in
the budget to get to Winston Court this year . He said he could
act- recall whether itGhad ever been blacktopped but it has been
surface treated . He said Winston Court is in better condition
than ,, all the other roads the Highway Department has worked on this
year . The roads in the poorest condition get the first priority .
After brief discussion , it was agreed that Winston Court would be
one of the first roads to be improved next year .
i
Town Board Minutes 5 - October 11 , 1976
REPORTS OF COUNTY REPRESENTATIVES
Piss . Livesay said Mx . John Miller , Fire and Disaster Co -
ordinator of Tompkins County , has requested that the Town of Ithaca
write a letter to the Department of, State , Local Government DIV10"" 21f
requesting that they evaluate the fire protection afforded to the
Town of Ithaca by the City of Ithaca and the Village of Cayuga
Heights . The Department of State does this as a service to local
governments .
Mrs . Livesay reported that the County Board of Reprasenta -
tives is looking into comprehensive planning at the County level
for youth services , to ' determine what can ultimately be done to
affect the amount of money available to any given municipality de -
pending on what the needs are as determined by the Planning Committee
of the County Youth Bureau ,
Mrs . Livesay reported that various committees of the Board
of Representatives are studying whether library government should
become more autonomous :' Hospital governance is in the same sort
of state , that is , whether it should be more autonomous .
Mrs . Livesay reported that they are moving into the last
phase of Hospital construction .
P•Trs . Livesay reported that they are moving ahead on over -
all Airport iiiprovement and the County Board of Representatives
have appropriated money for it .
APPOINTT.`MNT OF CROSSING GUARD
Motion by Supervisor SchwanP seconded by Councilman Powers ,
RESOLVED , that Dire Charles A . T-47eigand , R . D . # 5 , Mecklenburg Road ,
( Sandy Creek Park ) , bey appointed as Crossing Guard for the North-
east School , starting September 1 , 1976 , at $ 110 . 00 per month .
Unanimously carried .
C'GNrn'?ACT FOR TIATERING TATEST TILL
Supervisor Schwan read letter from Mr . Robert Dingman ,
`Ii,.T.lerintendent , Department of Public Tlorks , City of Ithaca , with
:: ,-4nect to a proposed contract between the Town of Ithaca and the
City of Ithaca for the watering of west Hill . Under this proposal
the Town of Ithaca will buy water in bulk quarterly from the City
of Ithaca . The Town will read its own meters and bill its own
people . The Board reviewed the proposed agreement and with minor
modifications found it satisfactory in principle . .
141ocion ry Councilwoman Valentino ; seconded by Councilman McElwee ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adopts
in principle the elements of a proposed contract between the City
of Ithaca and the ` 'own of Ithaca for water services in certain areas
of the Town of Ithaca ( as approved by neaotiatiors September 14 ,
1976 ) with t: c and ar tending that the definition of " bulk rate
will be clarifies and t1lat the section pertaining tor . the construc -
tion of the force main will be reconsidered ,
Unanimously carried .
Town Board Hinutes G - October 11 , 1975
Attached to and made a part of these minutes is a copy of
the elements of the proposed contract .
REPORTS OF TOTMN OFFICIALS
llr . Fabbroni reported that plans and specifications for
the new proposed town highuTay barn will be ready the mlt'dl. le of
next week . The project will go to bid ; hopefully , by the first
of Oovember . Councilman r=cElwee recommended that the s pecificame
tions should be carefully reviewed before the project is let out
to bid . Supervisor Schwan notes; that it will be necessary to adopt
a resolution authorizing letting the Project out to bid . Toc�,-n
Attorney Buyoucos noted that the contract documents �A.ould also be
needed . The project cannot go to bid unless they are agreed upon .
It was agreed the Board would meet at noon on t-0Tednesday , October 20 ,
1976 to settle all t'lese matters .
Adr . Fabbroni reported that building permits were issued
in September for four additions in the amount of $ 72 , 060 as com-
pared with 6 single family dt�iellings and one 2 - family dwelling
and 8 additions in September of last year for a total of $ 276 , A00 .
September was not a very busy month .
[ ,r . Fabbroni reported that the Eastern Heights drainage
plan which he explained at the last meeting is well under way .
Most of the diversion ditches have been dug . Tire Fabbroni has
worked out an aq •_eement ir�ith respect to working on r?r . Marion ° s
land in the fora of a drawing ,
"Ire Fabbroni reported that he had attended a meeting call -
ed by 11112r . Don Culligan with respect to the development of a recrea �
tional area at the DeWitt High School . tire Fabbroni requested that
someone from the Town Board attend the next meeting of this group
on October 21 , 1976 rat 7000 p . m . at the DeWitt High School . Council -
woman Valentino volunteered to attend
DEMTAL• .'e-.L7.DIC.X\L BT.; ILDIr7G DR . HAROLD L . PUP.DY
PUBLIC HEARING - 7 .- 00 p . m .
Proof of posting and publication having been presented by
the Town C1erkr Supervisor Schwan opened the hearing with regard
to the consideration of the proposed site plan of Dr . Harold L .
i' , cry , 1350 Ellis hollow Road , Ithaca , Necr., York , for the construc -
tion of a dental -medical building to be located on the East Hill
Plaza , north of Page Book Bindery and east of the former Family
Eargain Center .
Dr . Purdy illustrated his proposed building on drawing .
He also presented for review some photographs of a representative
type of building in the form of a 7° T " Tie said the building would
be a straight line building . It will be of two stories , the size
of the building to be approximately 52 ° x 281 . It would be of wood
and cement block construction . The building has no frontage on any
present highway but will have frontage on what will be a highway .
Dr . Purdy has an easement to the highway . After some discussion ,
the Town Doard acted as follows .
Hotion by Councilman T-1cElweeP seconded by Supervisor Schwan ,
RESOLVED , that the proposed site plan of Dr . Harold L . Purdy ,
1350 Ellis Hollow Road , Ithaca , stew York , for the construction of
a dental °medical building to be located on the East Hill Plaza ,
Town Board Piinutes - 7 - October 11 , 1976
north of Page Boo}, Bindery and East of the former Family Bargain
Center , the Town of Ithaca to be in no way liable for present or
future access to the parcel .
Unanimously carrier. .
CO1gSIDMMTIOhI OF ADOPTION Old' ADiU�TISTP.APIVE
LAW FOR El,'I ORCEMEFT OF STATE PLLEMING CODE
PUBLIC HEARING — 7 0o10 n' . m .
This matter was adjourned to a future' meeting .
REPORTS OF TOT-;M OFFICIALS ( continued )
Mrs . Holcomb , Planning Board Chairwoman , reported that Bob
Christianson has resigned from the Planning Board and is leaving the
con nunity . She said she would welcome recommendations for a rep_ lace-
nent for :?fir . Christianson . ( This is a West Hill vacancy . )
Christianson ° s leaving , also results in the Town having no representa °
tive on the County Planning Board , firs . Holcomb recomm. ender.? that a
Town Board member attend the next meeting of the County Planning
Board because there will be a presentation to the County Planning
Board for the Youth Bureau proposal . The meeting is at 7 ° 30 on
Wednesday , October 13th . Councilwoman Valentino volunteered to
attend this meeting as the Town ' s representative . The County Plan -
ning Board meets once a month .
I-3rs . Ixo .1c omb reported that the Tompkins County Intergovern-
mental Relations Study Conmzlttee reported to Municipal Officers meet °
ing on September 15 , 1976 on the possibility of developing a County
Board that would cover the County for the purpose of hearing Ceracche
TV proposals . The purpose is to establish a Board which will be
composed of a representative from each Town , Village , and City to
deal with Ceracche ( as a clearing house for all the information ) .
Each s unici ?:)ality ., hor:eJer ; would teLain the ulti -, -I te decision on
rate increases and other matters related to a franchise agreement .
This group will meet on October 20th at 7 : 30 p . m . Councilwoman
Raffensperger agreed to attend this meeting and make a report to the
Town Board . The meeting will be held. in the County Planning Office .
Town Attorney Buyoucos reported that the Appellate Division
had upheld the conternt citation against Vincent Franciamone and
that this order rill be implemented by an order to Albany .
Hr . John Barney " ( Buyoucos & Barney ) reported that the Board
and the Town Attorneys had informally discussed the matter of the
inadvertent election last year of four councilmen for four years
rather than three councilmen for four years and one for two years .
A draft of a local law is being prepared to validate the action
taken in 1975 and will direct that two Toum councilmen be elected
in 1977 for four year terms and in 1979 three Town 'councilmen will
be elected for four years and one for two years . This will return
the sequence in 1979 to that contemplated in Town Law ,
The Boar;' agreed to meet in executive session on October
12 , 1976 to discuss the :: matter of the proposed annexation to the
City of Ithaca petitigned for by David Abbott on behalf of Ithaca
Elm-Maple Houses , Inc .
Town Board Minutes - 0 - October 11 , 1976
FALL CLEAN UP DAY
It was agreed that since October 25th is a holiday ( the
day originally established for Fall clean ° up ) , the Fall clean -up
was scheduled for the following day , October 26 .
SNYDER HILL CO?NSTRUCTION COMPA`s?Y
REFUND OF ROAD CUT DEPOSITS
Highway Superintendent Parkin reported that he had a request
from Snyder Dill Construction Company for return of their road cut
deposits for Blackstone Avenue . Mr . Parkin said the work is com-
plete and the road has been properly restored .
Potion by Supervisor Schwan ; seconded by Councilman Powers ;
RESOLVED , that refund in the amount of $ 200 . 00 be made to Snyder
Dill Construction Company for two road cuts on Blackstone Avenue
based on the Highway Superintendent ' s report that the work is com-
plete and the road has ° been restored to Town specifications .
Unanimously carried .
PETTY CAS 's FUND FOR T!7ATER BILL COLLECT' IO'NS
In view of the Clerk' s need for petty cash in connection
with Bolton Point water billing collections , the Board acted as
follows
Notion by Supervisor Schwan . seconded by Councilman McElwee ,
RESOLVED , that a petty cash fund in the amount of $ 50 . 00 be set
up for the Town Clerk in connection with the collection of water
revenue from Town of Ithaca residents served by the Bolton Point
water system .
Unanimously carried .
STONE QUARRY ROAD - €IATER SFRVICE
if
The Supervisor reported that figures had been prepared with
respect to the cost of bringing water service to the Stone Quarry
Road . It appears that the cost of such a project is prohibitive .
It would appear to require an addition to the stater benefit charge
throughout the Town of $ 279460
PROPOSED FIVE SE` TIR EXTENSIONS - STEP III APPLICATION
i4otion by Councilman Desch ; seconded by Councilman Powers ,
RESOLVED , that the Toim Board hereby directs the Town Enga_neer to
prepare appropriate papers in connection with a Step III Construc -
tion Grant Application with respect to the five areas in the Town
of Ithaca proposed for sewer improvements ,
Unanimously carried .
APPEARANCE TICKETS -� DOG ORDI��APICE
Councilwoman Valentino reported that the new director of
the SPCA said that his dog wardens will carry appearance tickets
if the Town will have them printed . Town Attorney Duyoucos said
he would have one of his legal assistants look into the matter of
who may serve appearance tickets .
Town Board Minutes - 9 -- October 11 , 1976
BOLTON POINT 111ARRAITTS
Potion by Supervisor Schwano seconded by Councilman Del Rosso ,
RESOLVED , that the Bolton Point warrants dated October 11 , 1976 ,
after review by the Town Board , and upon recommendation by the
Southern Cayuga Lake Intermunicipal Mater Commission that they are
in order for payment , are hereby approved in the arrlount of X25 , 673 . 15 .
Unanimously carried .
TO[171.4 OF ITRACA TIARRMITS
Motion by Councilman ' Del Rosso ., seconded by Supervisor Schwan ,
RESOLVED ; that , after review , the Town Board hereby approves the
warrants dated October 11 , 1976 in the following amountso
General Fund 29 , 861 . 35
'Highway Fund 36 , 126 . 07
TIater and Sewer Fund 17 , 380 . 00
Unanimously carried .
AD.TOURITMENT
The meeting was duly adjourned at 8 ° 30 n . m .
Edward L . Bergen
Town Clerk