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HomeMy WebLinkAboutTB Minutes 1976-12-13 i T01^711 Or ITHACA REGULAR BOARD 11,13ETING Deceriber 13 , 1976 At a Regular pleeting of the Town Board of the To%m of Ithaca , Tompkins County , ;v1ew York , held at the Town of Ithaca Offices at 126 Last Seneca Street , ' Ithaca , New York , on the 13th - day of .Decem_- ber , 1976 , at 5000 p . m . , there were PRESENT . Walter J . 180chwano Supervisor Andrew T�% McElwee , Councilman Noel Desch , Councilman Victor Del -Rosso , Councilman Robert 17 . Powers , Councilman Catherine A . Valentino , Councilwoman Shirley Raffensperger , Councilwoman ALSO PRESENT ! James , . v . Suyoucos , Town Attorney Laiarence P . Fabbroni , Town Engineer/Building Inspector Barbara Fiolcorib , PlanningT ' Board Chairwomman. Robert Parkin ; HiQhwav ' Superintenr1ent Peter pt . Francese , Chairmahb Zoning Board *of Appeals Henry Axon , Tom of Ithaca Planning Board Beverly Livesay , County Representative Norbert Schickel , Design & Development Co . Thomas Bell , Bell ' s Convenience Store jj Willis Hilker , Developer Shirley Egan , Attorney Dan .2arvin , Realtor Thomas Reiss , Designer P . Scott Anderson , East Hill Depot Kenneth Wormser , : Eaat Hill . .,Depot Robert I . Williamson , Attorney Y Joanne Guest , 1002 No Aurora St . Mrs . Herbert Mahr , 103 Judd Falls Road t4-1illiam North , Box 192 , Etna , N . Y . k1argaret Parshall , ilewfield., 'N . Y . Esther Spielman , 123 Cascadilla Avenue Representatives of the fledia REPORT OF PLANkTI11G BOARD CI3AIMATO 3AiT Barbara Holcomb , Planning Board Chairwoman , reported that at the last meeting she advised that Richard Black (whose term ex- . ires December 31 , 1977 ) will resign as of December 31 , 1976 since he will be .taking a sablbatic leave . At the same time she told the Board that Sam Slack , whose term expires December 31 , 1976 wishes t� be replaces? . r?xs . Holcomb reported that since that time Maurice <�?= ?" ?, s has assumed additional duties at Cornell University and he WisheG to be replaced at the end of his tern , December 31 , 1976 . .`.�.► so Holcomb read 1"vir . Harris ' s letter of resignation . She reported that at the last meeting of the Planning Board , Dan Baker (whose term expires December 31 , 1979 ) advised he was leaving for Florida for the winter , and when he returns he will be undertaking a new P i and will not return to the Planning Board . 1-Irs . Holcomb noted she had already advised the Town Board she would not serve as Chairwoman of the Planning Board any longer , and that she was now announcing her resignation as of December 31 , 1976 as a member of the Planning Board as well (her term expires December 31 , 1982 ) . She explained that her time schedule is such that she is in danger Of missing too many Planning Board meetings as a member and as Chairwoman . Town Board . Minutes - 2 December 13 , 1976 . . . . . These resignations leave Only three members on 0e, planairxq, Board - - Liese 'Bronfenbrenner , Henry Aron , and Jonathan Bradi. ey , c. t_ comparatively new members'.. Mrs . Holcomb .said . the Tocan nc�# nes<' s two replacements from East Ithaca , one from the. Nortr.�.ast ,, alia c je from South Hill . Dan Baker must be ' replaced by a faxrzLr .c-r som ^ on earning at least 50 % of , his income from farm connected pursuits . 1-2rs . Holcomb noted that there is now nobody on the Planning Board who has been involved in .the drafting of the proposed zoning ordi - nance , noone who is familiar with the park policy , sicril ordinance , official map of town highways , or the massi transit .plan . Therefdr any continuity which transpires rests with the Town Board . Mr . Aron suggested two or three orientation sessions for the three remaining members of ithe Planning Board , educational sessions . Mrs . Holcomb and the Board agreed this is an exee°llent idea . Mrs . Holcomb and , 1!'ir . Fiancese , said they would be halo Y to help with these orientation se857ons * Supervisor 'Schwan suggPti.ted , however , it would make sense to make atileast two appointmenows ( to constitute a quorum ) 'befote the orientation sessions . Mrs.. Holcomb said the major items pending are the zoning ordinance , re- mapping , sign ordinance , continuation of development of the park Policy * Other items are continuation o transportation study (mass, transit ) , recreation studies with the sdhools . She said the actual business of the Planning Board which- used to take so much time will decrease because of less activity in the Town ( building , develop- ments , etc . ) This discussion ended . with agreement to .make all haste in ; ' finding new candidates ';for the Planri*" g aoard ,and . to arrange for a series of orientation ses's'-ions for Planning Board meinbers . APPOINTMENT OF CRAIIU AIT OF ZONING :BOARD! of 'APPEALS I9r .. Pe' ter 'K . Francese , whose term on the zoning Board of Appeals expires on :`December 31 , 1976 expressed a willingness to serve again . Therefore , the Board acted as followie Motion by Councilman Desch ; seconded by Councilman, ,McElwee., RESOLVED , that. Peter Ke 'Francese is hereby re- appointed to the Zoning Board of Appeals and as Chairman thereof , beginning January 1 , 1977 through. December 31 , 19819 Unanimously carried . R :P©RT OF COUNTY REPRESEtrr"ATIVE Mrs . Livesay reported that the County 'Board . of Representa- -r;:sesv have scheduled two ,public hearings for their next Board meet - fiCT on the local 'law governing. Airport matters , and ( 2 ) in- crFasing seizure fees .for :dogs picked up by the SPCA ( raising f.ee an unlicensed dogs from $. 5 to $ 15 and from $ 2 to $ 5 for licensed Mrs . Livesay said : she is preparing an information letttY to towns and villages regarding use of surplus license monies f !or the SPCA contract ( so they can enforce all of the leash5laws ) rat��er than have the County distribute it as it does now . Pair . Buyoucos said the -County should also make a determination of whether a contract , having been made with the SPCA , each tow; C; an . authorize the SPCA to issue appearance tickets . Supervisor Schwa4L was concerned , if the SPCA is made responsible for the whole County , about whether there will be a drastic increase in their estimated annual cost . Town Board Minutes 3 December 13 , 1976 -It was agreed the Board would await the County Board of Representatives letter for clarification before . making -any deci ._ sion on this matter . Ift Mrs . Livesay reported that her research indicat- ed that according to Section 14 $ of the Education LaiA towns are rewired to appoint a town historian . Mrs . Livesay recommended that someone in the Town should work with those in the "County who are evaluating the historic buildings in the Town . Mr . Fabbroni noted that as part of the Route 13 project Historic Ithaca looked into 900 of the historic buildings in the Town and their record shows paces in the Town which . might be of historic vaiuee They have considerable exper- tise in this field , according to Mr . Fabbr6hi . Mrs . Livesay recomma mended that the •BarnesiHouse near East Hill. ;Plaza should be con- sidered , REFUNDS TO BIDDERS AND „ NON-BIDDERS. :JEW HIGHT, 'MAINTENANCE FACILITY Motion by Councilman Deschy seconded by Councilman McElwee , RESOLVED , that refunds to bidderk and nbhz bidders , in connection with the neu► highway maintenance facility , be made in accordance with the published advertisement for bids , that is , $ 25 . 00 to bidders on each contract and half that amount to non-bidders , if the plans and specifications were returned in good condition . Unanimously carried . NEW YORK STATE DIVISION FOR YOUTH - APPLICATION FOR STATE AID Supervisor Schwan requested that he be authorized to make application to the New York State Division for Youth for approval of youth programs . Notion by Supervisor Schwan ; seconded by Councilwoman- Raffensperger , RESOLVED , that the Supervisor is hereby authorized to make appl;ica- tion to the New York State Division for Youth for approval of Yoouth Service and Recreation programs for the year 1977 . Unanimously carried . AGRSEMENT - CITY of ITHAC.A/TOT1]N OF ITHACA YOUTH BUREAU PROGRAiIS Supervisor Schwan requested that he be authorized to execute agreement dated December 6 , 1976 between the .City of Ithaca and the Town of Ithaca with respect to operation of Youth if Bureau , Youth Development and Recreation Programs for 1977 , r?otion by Supervisor Schwan ; seconded by Councilwoman Valentino , RESOLVED , that the Supervisor is hereby authorized to execute art behalf lof the ^oven of Ithaca an agreement dated December 6 , 1976 ' between the City of Ithaca and the Town •of Ithaca in which the Town agrees to pay . to ' the City $ 32, , 733 . 80 , the Town of Ithaca share of the operation of a youth and recreation program for the year 19770 Unanimously carried . Town Board MIinutes. w 4 = December 13 , 1976 COUNTY YOUTH BUREAU . PROPOSAL . Councilwoman Valentino recommended that the Town Boars . adopt a resolution indicating 'it favors a County youth bureau . Since the details and implications of a County youth bureau were not clear at this tame , it was agreed that when all avai . able in- formation is in hand , the Town Board will look into this matter again . FRIDAY BEFORE CHRISTMAS ,,, AS A HOLIDAY Since Christmas this year falls on a Saturday , the o :Lflc �7 staff requested that the Town Offices be closed the .Fridav beforE Christmas . Therefore , "the Board acted as follows . Motion by Councilman Descho seconded by Councilwoman Valentino , RESOLVED , that the Town Offices shall be close` on Friday ; December 24 , 1976 ( the day before Christmas ) and shall reopen on December 27 , 1976 . Unanimously carried . The Board also acted as follows ° Motion by Councilman Descho seconded by Councilwoman Valentino , RESOLVED , that the Tovm of Ithaca office staff will celebrate Columbus Day as a holiday rather than Veterans Day . Unanimously carried . TAX EXEI9PTIOIN FOR BUSIPIESS IMPROVEI1IENTS Supervisor Schwan referred to a letter dated November 24 , 1976 from Mr . L . William Banner , Assistant Superintendent , Ithaca City School District , in connection with Chapter 278 , Laws of 1976 , dealing with tax exemptions for business improvements . He recom- mended having copies of the law available for study and putting this matter on the agenda of the next meeting . He said he would write to Mr . Banner saying the Town Hoard will study the matter further and come to some decision . I1r . Henry Aron noted that for one thing it will be necessary to have a . clarification of what " business improvement " means . Supervisor Schwan said the Town Attorney will have to " make some determination on that score . S'T'REET OPENING PEWJIT " - UPDII;E ROAD REFUIM OF DEPOSIT Upon the recommendation of the ' Highway Superintendent that Updike Road has been .satisfactorily restored to Tovm specifications , the Board acted as follows ° ii-loti'on by Supervisor Schwan ° seconded by Councilman Desch , RESOLVED , that upon the recommendation that Updike Road has been satisfactorily restored in accordance with Tovm highway specifica- tions , the Town Board" hereby authorizes a refund of deposit for street opening P.e.rmit of $ 100 . 00 to Consolidated Gas Supply Cor •� poration . Unanimously carried . Town Board NTinutes - 5 - December 13 , 1976 LOCAL LAM NO 4 , 197.6 PUBLIC HEARING Proof of posting and publication of proposed 7,ocal aa,�•r No . c , 1976 , having been presented by the town Clerk , the 53up�,vi sor openec the hearing , and read the proposed local law in fuI , :'e. nxplainFd the background of the matter , indicating an error halo been made in designating proper terms for councilmen in the 197.5 election . The purpose of the proposed local is to .rectify the error . No one a.p- peared to . speak for or against the proposed local law . Therefore , the Supervisor closed the hearing , and the Town Board acted as fola•. lows * Potion by Councilman Desch ; seconded by Councilman Del 2osso , A LOCAL LAT?7 PROVIDIMG FOR THE ELECTION OF ADDITIONAL TOTA?N COU47CILIM14 TO THE TOM4 BOARD AND REGULATING ELECTIONS [-THERE TERTdS Alt!: INAPPRO- PRIATELY DESIGNATED . . BE IT ENACTED by the Town Board of the Town of Ithaca as follows * TMEREAS , the size of the Town Board was duly and properly increased from four tO , Slx councilmen during the year 1975 ; and WHEREAS , the hotmal , procedure at the general election next following such increase in size would be for three Town Councilmen to be elected for a term of four years and one for a term of two years ° and MEREAS , by mistake , the ballot for the general election for 1975 indicated four Town Councilmen were to be selected for four year terms ; and WHEREAS , the electorate voted upon and selected four Town Councilmen each for four year terms ; and WHEREAS , the Town Board desires to maintain orderly con- tinuity in the terms of office of Town Councilmen and to validate the actions taken by the electorate at the 1975 election ; and WHEREAS , a Town Board has the power to adopt the within local law pursuant to Municipal Home Rule 910 ( 1 ) (d ) ( 3 ) , NOT ] . THEREFORE , BE IT ENACTED BY THE TOtTN BOARD OF THE ` Oj%j LOF ITHACA AS FOLLOWS .e Section 1 . To fill the vacancies created by the increase In size of the Town Board from four to six members in 1975 at the biennial election for towom offices held in 1975 , four Town Council - men shall be deemed to have been elected for terms of four years each con-;iencing January . l , 1976 . Section 2 .. At the biennial election for 1977 , two Town Councilman shall be elected each for a term of four years . The term of each such Councilman shall begin on January 1 , 19780 Section 3 . At the biennial Town election in 1979 , fou: Town Councilmen shall be elected , three for a term of four years each and one for a term of two years . The term of office of each such Councilman sh�nil begin January 1 , 19809 Town Board Minutes 16 - December 13 , 1976 SectionA . At the biennial Town election in 1981 , and at each biennial Town election thereafter , three Town Councilmen shall be elected , each for a term of four years . The term of office of each such Councilman shall begin on the first day of January suc - ceeding the election at which he or she was elected . Section 5 . : At any flown election at which .tl.-: ere are vacan - cies for the same office but differing terms ; and there is a -.f ail - ure to designate which candidate is running for which term , or an erroneous designation that all are . runnng for the longest term , the candidate or candidates eligible for office receiving the high - f est number of votes shall be deemed eiected to the longest term , the candidate or candidates ? receiving the next hiqhest number of votes shall be deemed elected to the , next longest term and so . . on to the end ; and the inspectors of election shall count the ballots and certify the results accordingly . Section 6 . If any .provision of this local law or the application thereof to ;any person of circumstance shall be adjud-scud invalid by a court of competent jurisdiction , such order or Judg - ment shall be confined in its operation to the controversy in which it was rendered , and shall not affect or invalidate the remainder of any provision oe any section of this local law or ' the application of any part thereof to any other person or circumstance and to this end the provisions of each section of. this local law are hereby de- clared to be severable . Section 7 . This local law supersedes the provisions of Town Law,a Lion 87 . Section 8 . This local law shall take effect immediately and shall apply so as to validate any election held prior to its effective date . Section 9 . This local law is subject to a mandatory referendum . The Town Attorney , after the closing of the hearing , having made certain clarifying revisions and additions to the proposed local law , the Board acted as followse Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that this Town Board hereby approves clarifying revisions and additions to the proposed local law made by the Town Attorney , resulting in the following revised text of Local Law No . 4 , 1976 ° A LOCAL LAW PROVIDIlIG FOR THE ELECTION OF ADDITIONAL T06VN COUNCIL- lv!Ell TO THE TOWN BOARD ° AND REGULATING ELECTIONS V7HERE TERMS ARE INAPPROPRIATELY DESIGNATED . WHEREAS , the size of the Town Board was duly and properly increased from four to six councilmen during the year 1975 ° and WHEREAS , the normal procedure at the general election next following such increase in size would be for three Town Councilmen to be elected for a term of four years and one for a term of two yearsr and . by mistake , the ballot for the general election for 1975 iiid _iecated four Token Councilmen were to be selected for four year 4: Terms o and ZWEREAS , the electoratce voted upon and selected four Town Councilmen each for four year termsr and Town Board Minutes - 7 December 13 , 1976 TIFIEREAS , the Town Board desires to maintain orderly con- tinuity in the terms of office of Town Councilmen and to validate the actions taken by the electorate at the 1975 election ; and WHEREAS , a Town ''Board has the power t6 adopt the within local law pursuant to Section 10 ( 1 ) ( d ) ( 3 ) of the Municipal Home Rule Law , NOW , THEREFORE or BE IT ENACTED BY THE TOD11 ROAR;' OF THE TOWN OF ITHACA AS FOLLOWS I Section 1 . To fill the vacancies created by the increase in size of the Town Board from four to six members in 1975 at the biennial election for town offices held in 1975 , four TOM' Council - men shall be deemed to have been elected for terms of four years each commencing January 1 , 1976 , Section 2 . At the biennial election for 1977 , two Town Councilmen shall be elected each for a term of four years , The term of each such Councilman shall begin on January 1 , 197801 Section 3 . At the biennial Town election in 1979 , four ree Town Councilmen shall be elected , th for a term of four years each and one for a term of two years . The term Of office of each such Councilman shall begin January 1 , 19800 . Section 4 . At the biennial Town election in 1981 , and at each biennial Town election thereafter , three Town Councilmen shall be elected , each for a term of four years . The term of office of each such Councilman shall begin on the first day of January suc- ceeding the election at which he or she was elected . I Section 5 . At any Town election at which there are vacW cies for the same office but for differing terms , and there is a failure to designate which candidate is running for which term , or there is an erroneous designation that all are running for the long- est term , the candidate or candidates receiving the next highest number of votes shall be deemed elected to the next longest term and so on to the end , and the inspectors of election shall count the ballots and certify the results accordingly . Section 6 . If , any provision of this local law or the appli - cation thereof to any person or circumstance shall be adjudged in - valid by a court of competent jurisdiction , such order or judgment shall be confined in its operation to the controversy in which it was rendered , and shall not affect or invalidate the remainder of any provision of any section of this local law or the application of any part thereof to ' any other person or circumstance and to this end the provisions of each section of this local law are hereby de - clared to be severable. Section 7 . This local law supersedes the provisions of Section 87 of the .Town. Law which apply to the manner of election of Town Councilmen following the adoption of the procedures provided i for in such section for the increase of Town Councilmen from four to six . Section 8 . This local law shall take effect immediately and shall apply so as 'to validate any election held prior to its effective date . Section 9 . This local law is subject to a mandatory refer - endum and shall be submitted to the voters at a special election , in compliance with applicable requirements of the Psunicipal Home Rule Law , Section 23 , to be held at such time and places , in accordance with the provisions and directions to be adopted by the Town Board at a regular , special or adjourned meeting . Unanimously carried . Town Board Minutes - 8 Decether 13 , 1976 SELF- SERVICE GASOLINE . OPERATION AT BELL ' S CONVENIENCE FOOD STORE PUBLIC HEARING Proof of posting and publication of notioe of public 'nec-.- . ing having been presented by the Tovtn Clerk , to conspider the addi - tion of a self- service gasoline operation at Bell . Convenience Foods store on Elmira Road , the 'Supervisor. opened the he4r .n� . Air . Thomas Bell .''made presentatio`ri ' of .hi`s request for the addition of a self -service gasoline operation , using. plans ani mar . No one appeared to speak for or against the proposed addi - tions Therefore , the Supervisor closed the hearing ,. and the Board discussed . the matter further . Mrs . Holcomb reported that when was originally approved the entrance was permitted on a temporary basis , but if there is any further commercial development south , then there will be a . continuation of the interior road to: serVe the property and the existing exit would be closed . Councilman McElwee asked if there were any regulations as far as New York State Building Code in relation to the location of gasoline tanks with respect to distance from the buildings . Mr . Bell said the construction people said they were well within the limits . Councilman McElwee recommended to Mr . Bell- that he should be certain that he is legally within the limits . or he might have a problem with the Fire Department . The Planning Board has - recommended this addition and it is within the zoning requirements . Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that the Town ' Board of the Town ' of Ithaca hereby approves the addition of a self- service gasoline operation at Bell ' s Con- venience Foods Store on Elmira Road , in accordance with plans sub- mitted and presented by Mr . Thomas Bello Unanimously carried . P.r . Fabbroni noted that in connection with the - addition- of the gasoline- operation there is also a request For an increase in the size of the changeable message sign . He asked the Board to approve the larger sign which is still well within the 100 sq . ft . allowed . � otion by Supervisor Schwan ; seconded � by ' Councilman Desch, RESOLVED, that the Town � Board of the Town of Ithaca hereby approves the addition . of 27 square feet .to. the aell ', s Convenience Foods Store chapgeablemessage'� sign>. Unanimously carried . RESTAURANT-BAR RESTORATION OF OLD DEPOT BUILDING ON JUDD FALLS ROAD PUBLIC HEARING Proof of posting and publication having been presented by the Town . Clerk of a public hearing to consider a proposed Restaur ant= Bar Restoration of Old Depot Building , the Supervisor opened the . hearing . Using plans ant . map , Mr < Thomas Reiss , Designer, illustrated the project , indicating location , access , inside- floor plan , etc . Town Board Minutes - 9. ' -- December 13 , 1976 Esther Spielman ,, 123 Cascadilia Avenue', . spoke 'in. `favor of the project , ' indicating. the need for a . r` eataurant in; this area to._, , serve working people ; : particularly ezriployees of Cornell University :: since the other restaurant in the area is :sq. crowded . _ at: =.lunch time . She said it would be Convenient for people ,who want. to shop -at the plaza and get a quick lunch.. She commended the ,Young .developers and urged approval of the project . Mrs . . Margeret Parshall ;• Newfield , New York , also spoke in -favor of the project , indicating it would .be ,very convenient for people at the Ellis - Hollow apartments . Ruth Mahra 103 iudd Falls Road , spoke against -the project saying she ,did not think it would : benefit the community . She said it does not provide a needed service . She felt the resident's of the area would , suffer increased traffic - of .a_ ' DWT' nature (driving while intoxicated ) ° Mrs . U esay said she favored the historic preservation aspects of the project and - felt the area could stand another res� taurant . Tier concern was : that the establishment would become primarily a 'bar' , the third in the' areal. She. feared serious prob- lems with alcoholic beverages , including :an increase - in- DWI cases . She urged the young developers toeaccentuate the food aspects and downgrade the bar . She. said suchoan establishment could provide a service to the elderly in the area and Cornell University em- ployees . David Cassel , 152. Pine �Tree �Road . was also . pleased with the project ' s historic preservation aspect , -but h'e feared _ 'the bar aspect- - that it might, become a student "dive_" . He was, also con- cerned' about noise from" loud music ( " acid rock " ) : . He urged the Town Board to take whatever steps - are necessary to prevent the establishment from becoming the kind of placehe feared . Ms . .Shirley Egan , attorney for the. developers , was dis- turbed that rowdyness was being automatically attributed to stu- dents . She said students are not the only ones picked up for DWI , that , .in facto the record indicates that =re adults are picked up for DWI than students . She said the developers ., Wormser and Ander - son are very much awareof the type of clientele they want to at- tract . They do not intend to cater to a rowdy element . She said they have also discussed the noise problem extnsively . They intend to install a sophisticated system which will make it unnecessary to open windows and doors for climate control . The music will be confined to the basement area , and will be the type of music that dill appeal - to, a- mature's :clientele . Mr . Scott said the basement is for future expansion without Further building on the land . With respect to any expansion beyond that they intend. to consult with the. Town Board:. They in to r�rovide primarily a lunch t ..- l�r . tlormser said the type : menu soups , s;tews., and sandwiches , they plan to Provide a nice , smooth , homey restaur- ant , 1876 style atmosphere. , providing good short order food and good. service . He said the other two bars in the area ( Ides and. What ' s Your Beef ) could hardly be called -" typical " bars . Jhat ' s .Your Beef i5 .far from a typical. tavern and Ides is _ primarily for bowling clientele . Dan 141arvin , Realtorr supported the young developers , in - dicating he had discussed with them at . length the clientele they wished to reach and the type of establishment they had in mind , and he would not have encouraged the project had he not felt they were sincere . Town Board Minutes - 10 - December 13 , 1976 Robert I . Williamson , attorney for Eastern Artificial In- semination Co-op , Inc . , made a statement on their behalf . He read a portion of a letter written by them in September of 19' 63 to the Town of Ithaca Planning Board indicating that the Town should be aware that because of the nature of their business certa .-Ln oL en - sive odors could emanate from the barns where some 20.. 300 boils are housed . He wanted the young developers and the Tolfi!n o . Ithaca to be completely aware of this situation and wanted to be assured that the Town would not entertain any complaints on that score . They have expanded in the past and might expand again . In short'. ? the EAI Co-op . does not want to be subjected to any actions for nuisance which might not otherwise be brought if the proposed Depot were not approved . He wanted this to be taken into account by the Board . Mr . Anderson said he and Per . Wormser and Mr . Reiss , the designer , are aware of the situation outlined by Mr . Williamson , and they have designed electronic filtration for the restaurant . Der . Anderson said they will de -emphasize student 's and attempt to attract a clientele in the 25 or older group . There was discussion of the opening and closing times , and times breakfast , lunch , and dinner would be served . ; It appeared the restaurant would open at 8 : 00 a . m . for breakfast , lunch begin - ning at 11e00 a . m . , dinner from 6 : 00 to 10 : 00 p . m . , and the res - taurant would be open until 1 : 00 a . m . (Mrs . Livesay said , then , that from 10 ° 00 p . m . to 1 ° 00 a . m . it will be primarily a drinking establishment . Mr . Anderson said the restaurant will be open from 10 . 00 p . m . to 100 a . m . as well . ) Norbert Schickel , Developer , said the area is zoned cor►- mercial and this restaurant appears to be an appropriate use . He said he did not ' eel their bar operation would be significantly different than any other . He said his main concern is the appear- ance of the street . He felt the Town Board should take steps to guarantee an ample planting strip along Judd Falls Road , in consul - tation with the developers . Mrs . Livesay asked the developers if it was their intent to place emphasis on food rather than drink . and make the bar in- cidental to the restaurant operation . Mr . Anderson said they in - tended to have a nice cocktail bar , an open kitchen , and a dining area . They will be promoting lunch business primarily , although they will be open for breakfast and dinner . They will serve bar business until 1 ) 00 a . m . , as well as any restaurant business . Mrs . Livesay said the proposal brings to mind again the problem of traffic in connection with pedestrians and bicyclists along Pine Tree Road in the 55 miles per hour speed zone from Snyder Hill Road to Judd Falls Road . The available walking and bicycling area is very narrow and if people stop at a bar for a drink it accentuates the problem for children , young people , and older people walking along the road . She felt the Board should think seriously of the traffic problem in general when approving developments and take "steps to protect the citizen . Councilman Del Rosso said if the project is approved , and ' if the basement is to be used for a public use , the owners should have to come back to the Board for approval . No other persons wishing to be heard , the Supervisor closed the hearing at 7 ,e05 p . m . and asked for comments from the Board . Councilman Powers asked if there would be live entertain- ment or a sound system* which would produce the sounds of live entertainment . T2r . Anderson said there would not be ; that it would not be in character . i+'tr . Wormser said they intend to provide smooth background music for a mature clientele . Town Board minutes - 11 , - December 13 , 1976 Councilwoman Raffensperger said she did not want to see a project like the Depot penalized , but that she was concerned over the fact that the Board continues to approve projects ; that traffic does increaseU that the Board must come to grips with the fact that the area in question is not sufficiently patrolled . Councilman Powers suggested that pressure should be brought to bear to promote the construction of the proposed by-pass . There was general agreement on the Board that the developers should provide a landscaping plan for approval ( as suggested by Mr .Schickel ) . There was discussion as to whether it would be necessary to furnish a landscaping plan prior to approval. of the project or whether the project should be approved at this time conditioned upon the developers furnishing a satisfactory landscaping plan . Council - man Powers felt that the landscaping plan should be presented pri^ cor to approval of the project . Councilman Del Rosso felt the approval could be conditioned on the presentation of a landscaping plan for approval , since there will be plenty of time before the developers open in April . Notion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that this Town Board hereby approves the Restaurant-Bar Restoration of Old Depot Building to be located on Judd Falls Roau , in accordance with plan : submitted by P . Scout Anderson and Kenneth Wormser , developers , and presented by Thomas Reiss , designer , on the following conditions ° ( 1 ) That should , the developers wish to use the basement area (now contemplated to be used for storage ) for any public pur - pose , they will be required to make application to the Town Board for approval of such use : C ( 2 ) That the owners shall be required' to present to the Board , for its approval , an overall detailed landscaping plan which shall delineate the trees and shrubs , and sizes of same , which will be planted . . The motion was duly adopted , Councilman Powers abstaining from the vote . LEARNING tlE'B Supervisor Schwan requested authorization to expend $ 6 , 000 for the Learning Web for Youth Development Services for the current year , which amount will be reimbursed to the Town . Hotion by Supervisor Schwan seconded by Councilman McElwee , rSOLVED , that the Supervisor is hereby authorized by the Town Board to execute and disburse check in the amount of $ 6 , 000 to the Learn- ing Web for Youth Development Services , for which $ 6 , 000 the Town will receive $ 6 , 400 in matching funds from the New York State Divi - sion for Youth . Unanimously carried . APINEXATION - ITHACA ELM! MAPLE HOUSES , INC * It was agreed that the Town Board would meet at 1200 noon on December 27 , 1976 in a working session to prepare findings of fact in this matter . FIVE-AREA SET ?ER PROJECm Supervisor Schuran presented financial information with res - pect to this project , various projected bond schedules for the $ 970 , 000 , Federal Revenue Sharing Funds available , etc . He recom- mended that the Board review this .material and authorize him , the Town Board P1inutes - 12 - December 13 , 1976 Town Engineer , and Town Clerk to take whatever steps are required to advertise the project for bids on February 1 , 1977 , and , further , to authorize him , as Supervisor , to obligate the first three years of the four years of Revenue Sharing Funds available . to this five - area sewer project . He noted that the actual resolutions that obli - gate tll : feands as fa—Zeb as the Federal govE1Wlerit is coIiC' erlied az: e SIX to nine months off . At that time the mown will know more about its financial position . There is still a chance to get rLioney from DEC . Supervisor Schwan said the City of Ithaca is supporting the Town ' s application for fundinq ' this project . A public hearing will be re - quired to commit Revenue Sharing Funds to the project . Councilwoman Raffensperger was concerned about what the engineering costs would be and from what source they would come . Supervisor Schwan said they would. come from paxt -Town surplus and from the sewer fund . Co�.incilwoman Raffensperger sa * she would like to study the figures further and asked if a decision on this matter could be made at the meeting on December 31 . Councilman Desch did not think the bidding should. be undertaken until the public under - stands that this is a project that Revenue Sharina funds would be used for . He agreed the decision should not be made until the December 31st meeting . Meanwhile , Councilman llc^ lwee said the engineers should be alerted as to the Town ' s plans to bid no later than , say February 7th or 15th , and set that as a deadline ° Council - man Desch agreed this would allo4e the engineers and the Toum Engineer to acquire easements . Councilman Powers also felt that a public in- formational meeting would be 'an' excellent idea . . It was agreed this matter should be discussed again at the December 31 , 1976 meeting . LETTER OF CREDIT - WILLIS HILKER Ivir . Fabbroni asked the T3oard to authorize the acceptance of a $ 3 , 000 letter of credit for the completion of roads in the Hilker Subdivision ( Haven mills ) , north of Snyder Hill Road . The situation is such that the base is all in place and what remains to be done when spring comes is for the road to be shaped and for an oil surface treatment to be applied . It appears $ 3 , 000 ( taking in- flation into account ) should cover it . An agreement which would accompany the letter of credit could specify that should the cost exceed $ 3 , 000 , the Town has certain taming options on Hilker ' s property . The completion date would be set at July 1 , 1977 . The agreement will require the approval of the Town Attorney . Town Attorney Buyoucos said the agreement could be similar to the one drawn in connection with Eastwood Commons . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that the Town of Ithaca will accent from Willis S . Hiller , Developer . ( Haven Frills ) , a letter of credit� in the amount of $ 3 , 000 as a guarantee for the " completion of roads in the Haven Hills Sub- division , to '"own of Ithaca highway specifications , completion date to be July 1 , 1977 , said letter of credit to be accompanied by an agreement between the Town of Ithaca and Willis S . Hilker which will s;aecify certain options available to the Town of Ithaca if the cost of road completion exceeds $ 3 , 000 . Unanimously carried . FOP-,I'�4Er TOTL'�itT IiIG£34�?AY BARI`I POSSESSION DATE FOR GEORGE J . ARSET44AULT Town Attorney Buyoucos reported that he has been negotiating with Mr . Arsenault ' s attorney , William Sullivan , and has succeeded in obtaining an extension of the possession date of the former Town highway barn ( without ' additional rent ) . It appears ."Ire Arnsenault will benefit tad; -wise from a closing date after March 1 , 19779 Town Board Minutes - 13 - December 13 , 1976 Motion by Councilman DeschP seconded by Councilman Powers , RESOLVED , that the closing date for the former Town of Ithaca high- way barn , sold to Mr�. George J . Arsenault , has been adjourned from February 1 , 1977 to May 1 , 1977 , subject to an earlier closing date which shall be thirty ( 30 ) days after written notice has been served on the Town of Ithaca by Mr . Arsenault at any time after February 1 , 1977 requesting such earlier closing . Unanimously carried . DEPARTMENT OF TRANSPORTATION LETTER DATED DECEMBER 13 , 1976 no PREFERE14TIAL RIGHTS TO ABANDONED RAILWAY PROPERTY , LEHIGH VALLEY RAILROAD COMPANY , ITHACA BRANCH , ITHACA YARD TRACKS , CITY AND TOTtTN OF ITHACA Town Attorney Buyoucos will write a letter in reply indicat - ing that the Town wishes to retain its preferential rights . MEDICAL CLINIC ON DUBOIS: ROAD . Town Attorney Buyoucos reported on Supreme Court hearing in Binghamton in the matter of the proposed medical clinic on DuBois Road . The judge has reserved decision . REPORT OF TOTIN. ENGINEER/BUILDING IiSPECTOR Mr . Fabbroni reported that building permits were issued in November , 1975 , for one new farily and three additions for a total of $ 51 , 000 , and in November of 1976 building permits were issued for three additions in a total amount of $ 19 , 200 . It was a pretty slow fall as far as building permits were concerned . The overall figures will be available at the December 31st meeting . Mr . Fabbroni reported that the on -going committee to study recreational uses of DeWitt High School has decided to hold a public hearing to gain public in-put on Thursday , December 16 , 1976 , at the Northeast School . fir . Fabbroni requested that the Town sponsor a student from the School of Architecture ( Cornell ) , picking up the local share of a 72grant- type " program , not to exceed $ 400 . He said she could work on the DeF1itt joint recreational project . If that proposed project does not materialize she could develop plans for other parks through- out the Town . Councilwoman Raffensperger suggested she should be working not only for the Town of Ithaca but for the School District and other groups as well . Of the $ 400 , the Town would pay $ 200 . The Board agreed Piro Fabbroni should go ahead with this and Would ask the School District to commit itself for $ 200 . kr . Fabbroni reported there is another student available who is on a different program which does not call for any partici - pation on the Town ' s part . He is looking into uses for the Eastern Heights park land to determine the potential of that land . Mr . Fabbroni said the i.dea ' in this case is to invesitgate the feasibility of using the la�nd before the idea is presented publicly . In connection with Mr . Fabbroni ' s remarks about parks , Councilwoman Raffensperger recommended that the Park Committee should meet W000 not having met recently . Mr . Fabbroni and Council - woman Raffensperger agreed that it was a question of priorities . • r 1 Town Board Minutes - 14 - December 11 , 1976 Pr . Fabbroni felt that at this time the Zoning- �Ordinance . is of higher priority . He cited the flood of July 11 as having set back to a certain extent other items which require attention , Including parks . 1-Ir . Fabbroni reported that the Town ; is about to sign the contract with respect to the new highway maintenance facility and will do so as soon as the insurance policies are received from the contractors . He said he was disappointed at the delay and that he had registered a formal complaint with . John ?MacNeill , Jr . He hoped that things will move along more rapidly now . Fir . Fabbroni said he was very encouraged after talking with the general contractor who wants to get started on the job as soon as he can . FIr . Fabbroni reported on the status of Route 96 , and indi - cated on the plans the " red line " which represents the Town of Ithaca recommendation . TOWN .. OF ITHACA WARRANTS k4otion by Supervisor Schwsn $ seconded by Councilman McElwee , RESOLVED , that Town of Ithaca warrants , dated December 13 , " 1976 , are hereby approved in . the following amounts . General Fund . . . . . . . . . . . . . . . $ 13 , 273 , 66 Highway Fund $ 19 , 686018 T•Tater ; and Sewer Fund $ 42 , 546 . 32 Unanimously carried . BOLTON POINT WARRAtITS Notion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that the Bolton Point warrants dated December 13 , 1976 , after review by the Town Board , and upon recommendation by the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , are hereby approved in the amount of $ 1 , 139 , 161 . 95 . Unanimously carried . HEIP1 PART TI74E E11PLOYEE Motion by Supervisor Schwanr seconded by . Councilman Desch , RESOLVED , that Rose Poole be hired as clerk-typist , at $ 2 . 50 per hour on a part - time basis , approximately 20 hours a week , the position to be reviewed after a trial period of three months . Unanimously carried . ADJOURPdT��iENT i The meeting was duly adjourned . Edward L . Bergen Town Clerk