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HomeMy WebLinkAboutTB Minutes 1977-06-13 TOWN OF ITHACA REGULAR BOARD ?METING June 13 , 1977 . - 5 : 15 p . m . At a Regular kseeting of the Town Board of the Town of Ithaca , Tomp- kins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 13th day of June , 1977 , at 5 : 15 p . m . , there were PRESENT * Walter J . Schwan , Supervisor Victor Del Rosso , Councilman Robert N . Powers , Councilman Noel Desch , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman ALSO PRESENT : James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer/Building Inspector Robert Parkin , Highway Superintendent tiese Bronfenbrenner , Planning Board Chairwoman Beverly Livesay , County Representative Henry W . Theisen , County Representative Mrs . Nancy Fuller , Deputy Town Clerk for . and Mrs . L . Van Crowder , 240 Stone Quarry Rd . Representatives of the Media ABSENT * Andrew W . McElwee , Councilman TRANSFER OF FUNDS Pis Motion by Supervisor Schwan ; seconded by Councilman Desch , i RESOLVED , that 1976 Year -End Surplus of $ 12 , 550 . 00 in the Highway Machinery Account , Item III , be transferred to Capital Reserve Machinery Fund . (Ayes - Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan , - Nays - none . ) Supervisor Schwan noted that with the approximately $ 7 , 000 already in the Capital Reserve Machinery account , this transfer will build the fund to about $ 20 , 000 . PjF- U D Or WINTER CHARGES - 133 Warren Road The Supervisor reported that Pars . W . L . Brittain , owner of property at 133 Warren Road had requested that water charges for the property at 133 Warren Road in the amount of $ 58 . 21 be waived since ? ^ wester has been used at this location . After some discussion , and in view of the fact that Pars . Rj.. ittain had reported this location was not using any water , and ant d no water service , and in view of certain misunderstandings Ar as to policy with respect to meter removal during the Bolton Point transition period , the Board felt the charges should be waived in tills case . Motion by Councilman Del Rosso ; seconded by Councilwoman Valentino , RESOLVED , that water charges in the amount of $ 58 . 21 shall be waived for the property at 133 Warren Road owned by Mrs . W . L . Brittain . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) Ill Town Board Minutes - 2 o June 13 , 1977 REFLWDS The Supervisor reported a request from Oscar Swenson , 1016 East Shore Drive , Parcel 6 -19-2-20 for a refund of one unit for water on 1976 and one unit of water on 1977 tax bills . The charge for water was erroneous , because there is not an apartment at this location . Motion by Councilman Desch ; seconded by Councilman Powers , RESOLVED , that $ 96 . 00 be refunded to Oscar Swenson , 1016 East Shore Drive , Tax Map Parcel 6 -19- 2 - 20 , ( $ 48 . 00 for . l unit of water benefit in 1976 and $ 48 . 00 for 1 unit of water benefit in 1977 ) . (Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) The Supervisor reported that two refunds ought to be made to the Country Club of Ithaca , ( 1 ) Account # 184 - 020804 ( the pool ) because of meter removal for the ' winter . Information was not sent to the Town when the meter was removed on November 9 , 1976 . The refund covers part of the fourth quarter billing for 1976 and all of the first quarter of 1977 ( $ 94 . 14 ) . ( 2 ) Account # 184 - 020803 ( the pit ) for the same reason ( $ 453 . 01 ) . Motion by . Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that water charge in the amount of $ 94 . 14 be refunded to the Country Club of Ithaca , Account No . 184 - 020804 ; and that $ 453 . 01 be refunded to the County Club of Ithaca , Account No . 184 - 020803 . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) - DE IWITT RECREATION SITE REPDRT OF PARR COMMITTEE Mr . Fabbroni reported he had met with the Village of Cayuga Heights on this matter and they appear favorably disposed toward the project . 'They have not committed themselves as yet to a contribution of a specific amount of money , but they thought $ 7 , 500 was a reason - able amount. to consider . The Village wanted to be assured they were not contributing any money to this recreation site out of the village tax levy . The Supervisor suggested that the money for the recreation s116.e could . come out of Federal Revenue Sharing , so the Village would knew that their money was not being used . The Supervisor noted that the Town Board had adopted a resolution that the Town of Ithaca would fund its $ 30 , 000 from the Park and Recreation Capital Reserve fund or ft"Q-1 Federal Sharing funds . l'!r . Fabbroni said all the municipalities appear favorably ... ; posed toward the project and it is being moved along . CETA monies r e also available for the development of this recreation site , and th.cse monies may ultimately reduce the amount of money the Towns would have to contribute . Mr . Fabbroni reported that Barbara Zimmerman Restaino and a summer student are already working on a public relations package for the Coy Glen area , and are finalizing the Town ' s Open Space and Recreation Plan . This work will result in a report which may be distributed as the comprehensive plan for the Town . They will then move onto budgeting and priorities for the other site plans which are being developed as far as an implementation scheme over a number of years (with major in-put from Mr . Fabbroni ) . It is expected the same kind of report will be forthcoming for Lick Brook as for Coy Glen . Town Board Minutes - 3 - June 13 , 1977 REPORT OF COUNTY REPRESENTATIVE Mrs . Livesay reported that the most recent meeting of the Municipal Officials Association indicated that a unified County ap- proach to dog control legislation is more and more becoming a reality . She said she has been chairing a committee of four to develop a sample dog control ordinance for municipalities and for handling the whole matter under a County contract . Cost has been a concern in enforcing dog control laws . She said they used the Town of Ithaca and City of Ithaca dog control laws to produce a model dog control ordinance . Mrs . Livesay suggested that the Town of Ithaca might wish to adopt it in substitution for its present dog law . She suggested that the residue of dog license fees which is customarily returned to the Towns and City might be retained in a fund to be used for dog control . She said there is new legislation coming out of Albany which is more rational than present legislation . Mrs . Livesay said action by the County with regard to the County Youth Bureau has been adjourned to a meeting on June 24 , 1977 at 4 : 00 p . m . She asked for any in-put which the Board might have . Mrs . Livesay reported that with regard to hospital government the Hospital Board of Managers would make a decision on June 13 ( to- night ) and then the matter will come before the Board of Representa- tives . She asked for any comment from the Town Board , Supervisor Schwan sugges ed , in view of the problems they are having , they may wish to consider making this a privately run hospital . isrs . Livesay said there are other options than a privately run hospital . Mrs . Livesay reported the County Public Safety Committee is recommending that the Sheriff ' s Department use smaller cars for some of their work . There was . question whether a small car could be " souped up " to travel fast eiiouc1h to chase down speeders . DOG CONTROL Councilwoman Valentino said some people are complaining that after they go through all the red tape involved in making a formal complaint to the Court about their neighbors ' , dogs , the judge dis - misses the complaints with a warning only , and does not impose the $ 25 . 00 fine . ' She asked the Town Attorney if the wording in the Town dog control law could be changed from "may " to " shall " regarding the :?csition of the $ 25900 fine . Mr . Buyoucos did not feel this was s ;�, nd policy . He said judges should be free to make that determina- t ::. on , depending on the particular case . He said he felt there is a decline in the judicial system when legislatures or people attempt to tell the judge how to run the Court . Dissatisfaction with judges , he said , can be handled at the polls or by recourse to an appointing Board . The Board suggested that Councilwoman Valention could discuss the matter with the judge . Town Board Minutes - 4 - June 13 , 1977 REFUND OF PRIWDEPOSIT KIMBLE . PLUMBING & , IDEATING , INC . Motion by Councilman Desch * seconded by Councilman Powers', RESOLVED , that print deposit of . $ 25 . 00 be refunded to Kimble Plumb- ing & Heating , Inc . in connection with the pre- fab metal highway maintenance and storage garage . (Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) APPROVAL OF DEMOCRATIC AND REPUBLICAN ELECTIONS INSPECTORS AND ALTERNATES Motion by supervisor Schwan # seconded by Councilman Desch , RESOLVED , that Democratic and Republican Election Inspectors and Alternates are hereby approved for the period July 1 , 1977 through June 30 , 1978 , as per the attached list . ( Del Rosso ; Raffensperger , mowers , Desch , Valentino and Schwan voting Aye . NAys - none . ) Prior to this approval the attached list of inspeetors and alternates was submitted to the Chairmen of the respective parties . PETITION - STONE QUARRY ROAD MIND A2r . Crowder , 240 Stone Quarry Road , presented a petition signed by 32 persons , requesting the Town Board to initiate steps to have the speed limit on Stone Quarry Road lowered to 35 miles per oil 1 h our and to accomplish other safety measures (warning signs , elmi- nation of truck traffic . ; if possible , or restricting load , children at play signs , and painting restricting lines ) . ( See attached peti - tion for listing of hazardous conditions . ) This led to a long discussion of what could be done to alleviate the dangerous situation . Since the Town has no authority to set speed limits on Stone Quarry Road , alternate safety measures were discussed . Mr . Fabbroni suggested the Town could re- submit the request for a lower speed limit , but this did not offer much hope . The Town has already applied for a Town-wide 35 miles per hour speed limit . If this is granted it would cover Stone Quarry Road . The Board said the curves could be signed . Mr . Fabbroni said Phase II of the signing program will take care of some of these problems . He said the difficulty with warning signs is there is no regulatory power ; people cannot be cited for speeding . The principal reason for signing is that the motorist cannot accuse the Town of mislead- iry him . councilwoman Raffensperger suggested the road might be posted , with respect to trucks , for a limited load . Councilman Powers s .d double lines could be painted , and " Children at Play " signs be erected , and every corner could be signed . Mr . Parkin noted tva.t " Children at Play " signs are no longer legal . The Supervisor ..I ... ted that the Town is involved in a Federal funding program of sign- ing every street and Mr . Parkin indicated , as part of that program , C urve signs will be put up , but probably not until next spring . Councilwoman Valentino suggested the Town should establish priorities , signing the most dangerous streets and roads first . Mr . Parking said this might leave the Town open to a lawsuit if it adop- ted its own priorities rather than following the program set up by the State . Mr . Buyaucos agreed it would be dangerous to set up a list in advance . Mr . Fabbroni said , however , there is no problem with doing Stone ouarry first . Mr . Parking - said the way it works is that someone goes along with the State official and the State official says what sign goes where . Councilwoman Raffensperger said in that event , and since the official signing cannot be done until Town Board - Minutes - 5 June 13 , 1977 next spring , the Town itself should go ahead and do it . Councilman Desch agreed , and 14r . Parkin said double lines could be painted and signs put up . Mr . Crowder said that was fine because they are not willing to accept the alternative of doing nothing . tlke Fabbroni agreed the Town could do the signs but that it will be a . hardship to paint the . lines . Mr . Parkin said they would have to contract that work out . With regard to restricted load for trucks , Mr . Buyoucos recommended getting in touch with the State Department of Transporta- tion and finding out what requirements they have , if any , and what ability the Town has to adopt a local law on load limit . ANNOUNCEMENT BY TOWN SUPERVISOR Supervisor Schwan announced that he would not run again in November for a . fifth term as Town . Supervisor . He outlined the accom- plishments of the last elght : yeais , thanked the Board members and . staff for their help and cooperation , and said he would be _ av ' 116ble to the Board for any help they might need in the transition . Town Attorney Buyoucos said he had worked with " . all four supervisors since 1952 and , in my opinion , halter Schwan has been one of the most effective public officials this County has ever had . he has the ability to grasp issues and grasp them quickly . I will miss his presence on the Board . " Supervisor Schwan thanked Mr . Buyoucos for his words . Statement by Mrs . Nancy Fuller , Deputy Town Clerk * " I - Oust wanted to say to the Board and our Attorney , and Planning Board � Chair- woman ® Highway Superintendent , and media present , on behalf of the staff of the Town of Ithaca , that they personally regret Mr . Schwan ' s decision not to run for Supervisor again , and to express to him their admiration and regard and to wish him well in his future endeavors . " Supervisor Schwan thanked Pars . Fuller . AMENDMENT TO ENGINEERING AGREEMENT It FIVE-AREA SEWER PROJECT Supervisor Schwan reported that EPA , after reviewing the Town ' s application for a grant on the 5 -area sewer project , has requested that Article 3 of the agreement with Lozier Engineers , Inc . be amended by deleting " e . . the fixed sum of $ 130 , 000 . . " and substituting " . . a fixed fee of $ 15 , 900 plus reimbursement for all direct labor , indirect. costs , other direct costs , and equipment , materials and supplies . This fixed fee is based on construction inspection services supplied prior to December 31 , 1978 , Q1 Mr . Fabbroni. recommended that the Board authorize the Supervisor to execute an acceptance of this amendment to the original agreement as set out in Lozier ' s letter of June 1 , 1977 ( the Supervisor having said the letter to the Board ) . Motion by Councilman Desch * seconded by Councilman Powers , RPSOL`MD , that this Town Board , after review , and upon the recommenda- tl" o of the Town Engineer , hereby approves the amendment to the con- tx°�r_.ct for engineering services for the Town of Ithaca five -area sewer project ( $ 1 , 185 , 399 ) , as follows Article 3 shall be amended as follows ; Delete " ® . . the fixed sum of $ 130 , 000 . . . t1 and substi - tute " . . a fixed fee of $ 15 , 900 plus reimbursement for all direct labor , indirect costs , other direct costs , and equipment , materials and supplies . This fixed fee is based on construction inspection- ser- vices supplied prior to December 31 , 1978 , " approval of said amendment to be reviewed by the Town Attorney . (Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) Town Board - Minutes - 6 - June 13 , 1977 SIGN PERMITS Mr . Fabbroni reported a permit had been issued for East Hill Depot Restaurant for a temporary sign while the restaurant is under construction . Mr . Fabbroni reported the Beaujolais Restaurant has been cited for ' an illegal second sign which they used for some time advertising a luncheon . The Planning Board suggested that Beaujolais come up with something which can be incorporated into their wrought iron sign . They have already done this and are now asking for approv- al . Councilman Powers was annoyed that they have submitted applica- tion for approval after the fact . With regard to the Depot temporary sign , Councilman Desch recommended putting a time limit od it . We Fabbroni said they will eventually need to get approval for a permanent sign . They should agree ' 'that the 'temporary sign will come down before they open and an approved permanent sign is erected . Councilmen Del Rosso and Desch felt , however , that a specific time limit should be set . Motion by Supervisor Schwan ; seconded by Councilman Del Rosso , RESOLVED , that the application of Depot Restaurant for a temporary sign reading " New Home of East Hill Depot Restaurant-Tavern , Opening Summer , 1977 , serving Soups , Stews , Sandwiches " is hereby approved for a period of six months . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) fire Fabbron said the Beaujolais sign is closer to the right-' of -way - than allowable , but is in compliance as .far as - square footage is concerned . They will need 'a variance on the -set-back . Motion by Supervisor Schwan ; seconded by Councilman Del Rosso , RESOLVED , that Beaujolais Restaurant ; having applied for an applica- tion for a permit to erect a sign which does not comply with the set- back requirements ( thereby requiring a variance ) , the Town Board ap- proves the issuance of a permit for same under Sections 7 and 13 of the Sign Law of the Town of Ithaca ( Local Law No . 1 , 1972 ) . (Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) SCHEDULE PUBLIC HEARING - RE- ZONING RESIDENCE DISTRICT R-30 TO RESIDENCE DISTRICT R-15 Motion by Councilman Desch ; seconded by Councilwoman Raffensperger , k . `' I ,VED , that this Town Board will conduct a public hearing on July 1977 at 6 : 30 p . m . to consider the re- zoning of 22 . 22 acres of land from Residence District R-30 to Residence District R- 15 (Tax Parcel No . 6 - 61 - 1- 8 . 1 ) , such land being bounded on the West and North by Cornell University lands , on the East by the Town of Dryden , and on the South by Snyder Hill Road , and will hear all persons in support of or opposed to said re° zoning . (Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) q .J 1_ r" • r r Town Board Minutes June 13 , 1977 NANCY FIDLER PROPERTY - 329 SNYDER HILL ROAD TAX MAP 69 4002 -3 . (Town of Dryden ) . The Supervisor reported th�kt : Charles G . ticCord , Supervisor of the Town of Dryden , has asked it the Town of Ithaca wishes to be- come involved in * A private arrangement . for a water hook-up for the Nancy Fidler property at 329 Snydei . Hill Road . This property is listed on ahe Dryderf Tax Roll as Parcel 69- 2 - 3 . 2 . This arrangement would be only until such time as the Town of Dryden , may form a water district including this property . Mr . McCord said the Town of Dryden would be willing to add any delinquent charges that may arise to this property ' s annual tax bill and reimburse the Town of Ithaca . It developed in the discussion that the property is not , as first supposed , the first house just over the Town Iof Ithaca line in Dryden , but. . the house is on the fourth lot over the line , and that a water line would have to run some 1 , 100 fto and that problems might arise if portions of the property were sold off . the = Board felt it should not assume responsibilities which should fall upon the Town of Dryden . The sense of the Board was that Mrs . Fidler should talk with her neighbors and see if any of them are interested in a water hook- up before the Totem of Ithaca considers this matter any further . STREET SIGNS ON RENWICK HEIGHTS Councilman Powers said there are street signi ,` in Renwick Heights of a rather unique character -- colonial , painted'Vith black letters , very attractive . However , some of them are in bad shape and need to be re-painted and repaired . Mr . Parkin said he would look into it and get them repainted and repaired . BOXES FOR MID-WEER OBSERVER Councilman . Powers asked if the recently erected boxes for deliger ._ of the Mid-Week Observer are covered in any way under the Town ' s sign ordinance , since it could be construed as a form of ad- vertising . Supervisor Schwan noted there is a postal regulation which prohibits putting newspapers in a mail box . Councilwoman Raffensperger wondered if they should have had the homeowner ' s permission to erect them . Supervisor Schwan said most of them are in the right-of-way . M#s . Livesay said she had researched the matter to some extent with the County Attorney , and on State roads they are supposed to have per- mission of the Department of Transportation , and on County roads from the County Highway Department , and for Town roads (where the individual owns to the State road ) that is supposed to be approved by the proper- ty owner . In any case , the person who resides in the dwelling should request having it put there . Councilman Powers said the matter should be .investigated in the light of the sign ordinance . He said , as far as he is concerned " . . . it ' s a bunch of signs : " Mrs . Bronfenbrenner asked if it were possible to limit each householder to one newspaper - tube without a legend on it , and whether tor� homeowner has the right to remove the box . Mr . Buyoucos said if the homeowner ' s deed gives him to the center of the road he can tell ttlem to remove it . Per . Buyoucos said that although this matter could nut be put at the top of his priorities , he would look into it . BILLBOARDS The Supervisor reported that the Town in January of 1976 deferred action with respect to the removal of illegal billboards ( R . H . P . , Inc . ) , awaiting the results of court proceedings in Monroe and Suffolk Counties on Long Island on the constitutionality of towns requiring removal of billboards which might clarify the situation . He said the Town should now look into the disposition of those cases . Mr . Buyoucos said his office is already looking into this , and that when their research is concluded , he would want to discuss it with the Supervisor , the Town Engineer , and Mr . Robert Bonnell , and then make a recommendation to the Board . 1 � 7 Town Board Minutes - 8 - June 13 , 1977 SALE OF OLD HIGHWAY BARN Mr . Buyoucos reported that title to the old Town Highway barn had passed to tire George Arsenault at 11 : 00 A . Me today (June 13 , 1977 ) REPORTS OF TOWN OFFICIALS Town Engineer Building Permits . the Fabbroni reported that building permits for one 2- family and—three one- family houses and three additions were issued in Play of 1977 for a total amount of $ 175 , 500 , as against one 3 -family and 1 one-family and 8 additions in May of 1976 for a total of $ 175 , 650 . Mr . Fabbroni said , again , that the year-end re- port is much more significant than the month by month reports . Sign Ordinance . Mr . Fabbroni said his office is still fol - lowing up compl ance with the sign ordinance on a routine basis , after a drive to bring the wave of violators into compliance . Violators will now be followed up on a continuing basis . Mr . Fabbroni said his office is now beginning the same kind of campaign with regard to occupancy provisions in the Zoning Ordi - nance . This will probably result in some decisions or re-evaluation of that provision . The first step , however , will be citations for violations which will result in people seeking special approval from the Zoning Board of Appeals '* He asked the Board to furnish in-put to that body at this time if it has any . This will result in quite a number of hearings in the next couple of months regarding occupancy provision , which is basically three unrelated persons in a two-family dwelling . Mr . Fabbroni said it will require considerable effort and continued surveillance and follow-up by him and Mr , Bonnell . He said they intend to be as thorough with this as they have been with the sign permits . Beacon Hills . Mr . Fabbroni reported he had been in touch with the Sibley Corporation again and they advise the final papers have still not been signed . The Local Law which was adopted in 1964 is sufficient to cover the Beacon Hills matter and the removal of the buildings . Motion by Supervisor Schwan $* seconded by Councilman Desch , RESOLVED , that the Town Engineer shall proceed against Beacon Hills with regard to the removal of hazardous buildings in accordance with the ordinance adopted by the Town in 1964 . (Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) APPLICATION FOR STEP 1 WORK TO UPGRADE CITY SEWER SYSTEM Mr . Fabbroni reported the Town needed to adopt a resolution or inclusion in the Step 1 application of the City of Ithaca for the ul--grading of the City sewer system for the purpose of reimbursement for eligible Federal and State costs of the Town of Ithaca Step 1 work already completed ( $ 34 , 288 ) . This covers the archeological study and engineering report . Town Board Minutes - 9 - June 13 , 1977 At a Regular -- Meeting of the • Town Board of the` ToWn Board of the Towi of . Ithaca , Tompkins County , New York , held in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , New York , on the 13th day of , June , 1977 , at 5015 p . m . , the following Resolution was adopted . The meeting was called to order by Supervisor Walter J . Schwan , with the following members of the Town Board being present . Supervisor Walter J . Schwan Councilwoman Catherine Valentino Councilwoman Shirley Raffensperger Councilman Victor Del Rosso Councilman Noel Desch Councilman Desch offered the following resolution and asked for its adoption . WHEREAS , the City of Ithaca is presently submitting an appli - cation for Step I work as part of requirements to upgrade the sewer system under Federal PL 92 - 500 , and WHEREAS , the Town of Ithaca , at the direction of Mr . Andrew Warren of USEPA and Mr . Robert Berry of NYSDEC , have proceeded with required Step I materials to further the Town of Ithaca application for Step II and III monies to construct collector sewers , such Step I materials having been completed at a cost of $ 34 , 288 . 00 , and WHEREAS , the Town of Ithaca was instructed by Mr . Warren to seek reimbursement through the Step I work to be undertaken by the City of Ithaca , now , therefore BE IT RESOLVED , that the Town of Ithaca be included in the Step I application of the City of Ithaca for the purpose of reimburse- ment for eligible Federal and State costs of the Town of Ithaca Step I work already completed for $ 34 , 288900 approved by NYSDEC , and presently under review by the Region II Office of USEPA . Second Councilman Powers . Upon roll call the vote was as follows * Councilwoman Catherine Valentino _ - Aye Councilwoman Shirley Raffensperger - Aye Councilman Robert N . Powers - Aye Councilman Victor Del Rosso - Aye Councilman Noel Desch - Aye Supervisor Walter J . Schwan - Aye The resolution was declared duly adopted . P0141T OF TOTIN OFFICIALS ( continued ) ` 'own Engineer Town Highway Facility . Mr . Fabbroni reported that the Aigh- vaay Department has now moved into the new facility . The punch list items are nearly completed , and the new facility will soon be in order with respect to roadways and landscaping . Route 96 . Mr . Fabbroni reported on the Rt . 96 situation and the job of getting people to support the Town ' s favored alternative which is supported by the Paleontological Institute who signed approval of this alignment . It is also approved by people in the Professional Building who submitted a petition to add to the towns - people ' s petition . P2r . Fabbroni said the matter has been through t maw . i Town Board Minutes - 10 - June 13 , 1977 various . County committees , the Board of Managers of the Hospital , Planning Public Works Committee , County Planning Board , and Board of Representatives . With some additions to the general alignment it is , in substance , satisfactory to these groups . Mr . Fabbroni said he would submit all this material as a package to State officials . Planning Board Chairwoman ( See report attached to these minutes ) Highway Superintendent Mr . Parkin reported a break- in at the old highway barn over Memorial Day week-end . Some $ 1 , 500 worth of tools were stolen . The police found no means of entry . Mr . Parkin said he has already star - ted to replace the tools . Radio System . Mr . Parkin said he would like to go to bids on a new radio system . He has investigated what Dryden and Groton are doing and what they have paid for their system . He said the Town could go on a hook-up with them at a cbst of about $ 12 , 000 using . their repeater ( hook-up with Town of Dryden ) . The Town of Ithaca is already on the same frequency as Dryden and Dryden appears to be agreeable to such an arrangement . If any other town came in ( Danby , for instance ) the cost could be split up . The Board suggested Mr . Parkin should research the matter further , get estimates , put specifications together for the Board ' s information , and then go to bid . Signing Program . Mr . Parkin said some 160 signs have been Put up in the first phase of the street and road signing program . Agreement to Spend Town Highway Funds . Mr . Parkin delivered to the Board the agreement to spend Town highway funds and asked the Board members to sign same in triplicate . It represents a listing of the road work which will be done this year . Town Supervisor New Health Department Regulations . Supervisor Schwan reported he had attended the meeting at the Health Department regarding the new proposed health code , and he said they do not appear to be con- cerned about how it will impact every municipality in the County . The requirement to t° . . deliver water pressure of 20 psi under all flow conditions , " will be very difficult to live with . It appears also the Tompkins County Health Department will no longer certify water aid sewer systems . There was discussion about how tests could be conducted -- whether by private laboratories ( and at what cost ) , at the County level , and whether the Town Board should go on record as 01:,ncsed to the arbitrary action or at least request a reconsideration , c : the decision . Councilman Desch said the Board ' s feeling should be conveyed to the County Health Department . Town Attorney Easements for 5 -Area Sewer Project . Town Attorney Buyoucos reported only one outstanding easement for the 5 -area sewer project at this time ( Calum Carmichael , 109 McIntyre Place ) . Mr . Buyoucos requested authorization to have Mr . Fabbroni obtain any and all appraisals which may be necessary with respect to any property which may be subject to condemnation , and that the Town Attorney be author- ized to make an offer of settlement with each person who is not wil - ling to execute an easement to the Town of Ithaca . Failing negotia - tions for a settlement , the Town Attorney requested authorization to commence condemnation proceedings against Mr . Carmichael , and to take a 130 Town Board Minutes June 13 , 1977 REPORT OF , PLANNING BOARD CHAIRT1014AN ( Liese Bronfenbrenner ) The Planning Board met on May 11 , 1977 to continue the adjourned public hearing to consider the final cluster approval of Phase III , Longhouse Development Cooperative , Inc . , Elm Street Exten° sion , Tax Parcel No . 6 - 28 ® 1 - 28 . 4 . The final approval was given after hearing members of the Longhouse Cooperative , the Town Engineer , and members of the Planning Board who had made a visidal inspection of the site . . No members of the public appeared at this hearing . Objections relating to building style and design , property upkeep , etc . . , which were voiced by a mem- ber of the public at the last hearing were not upheld by speakers at this hearing . The Planning Board re- stated the motion relating to the Ivar Jonson project , which was made on May 3 , 19710 The . Planning Board discussed the comments made by members of the Town Board and by . the Town Attorney relating to the Monkemeyer re- zoning proposal . It was agreed that the chairman should contact David Gersh , attorney for Mr . Monkemeyer , and inform him that the proposed - draft of the Covenant should be presented to the Planning Board before it is given to the Town Attorney and the Town Board for consideration . At the June 7 , 1977 meeting of the Planning Board a public hearing was held to consider the proposed re-zoning of 22 . 22 acreg from Residence District R- 30 to Residence District R- 15 (Tax Parcel No . 6 - 61 - 1- 8 . 1 ) , such land being bounded on the West and North by Cornell University lands , on the East by the Town of Dryden , and on the South by Snyder Hill Road . Conditional approval for this sub-division was given by the Planning ' Board on May 4 , 19761 certain conditions relating to the water and sewer systems and the transfer of land for parkland were to be met . Through an oversight , the re -zoning was not approved at that time . The subdivision is supplied with sewer and water service , and meets all specifications for an R�15 zone , as well as the stipu- lations made by the Planning Board last year . Approval was given by the Planning Board to recommend the requested zoning change by the Town Board , Bill Reece of the Planning Board made a motion to study and act upon possible bypass roads around densely settled areas in the Town . A committee was formed to act on this motion . Town Board Minutes - 11 - June 13 , 1977 action against any other persons who refuse to grant an easement . Mr . Buyoucos noted in passing that were every homeowner to refuse an easement the cost to the taxpayer would be astronomical . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that this Town Board , in connection with the proposed 5 -area sewer project , authorizes the Town Engineer to obtain any and all appraisals which may be necessary with regard to any .property which may be subject to condemnation , and authorizes the Town Attorney to make an offer of settlement with any person who is not willing to grant an easement to the Town of Ithaca , and that , failing negotia- tions , to commence a condemnation proceeding against Calum Carmichael , 109 !McIntyre Place , and to take action against any other person or persons who may refuse to grant an easement to the Town of Ithaca in furtherance of the proposed sewering project . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) TOWN OF ITHACA WARRANTS Motion by Councilman Desch $ seconded by Supervisor Schwan , RESOLVED , that the Town of Ithaca warrants dated June 13 , 1977 in the following amounts are hereby approved . t' General Fund $ 80 , 822 . 37 Highway Fund 30 , 895 . 07 Water and Sewer Fund 112 , 075931 ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) BOLTON POINT WARRANTS Motion by Supervisor Schwano seconded by Councilman Desch , RESOLVED , that this Town Board , after review , and upon the recommenda- tion of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , hereby approves the Bolton Point war - rants dated June 13 , 1977 in the amount of $ 908 . 37 in the Construc - tion Account and $ 32 , 127 . 33 in the Operating Account . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) PLUMBING CONTRACT - NEW HIGHWAY D INTENANCE FACILITY M.0tion by Councilman Desch ; seconded by Councilman Powers , RESOLVED , that this Town Board hereby approves payment of $ 6 , 480 . 00 '- i account of the Kimble Plumbing & Heating Co . contract with respect to the new highway maintenance facility . ( Del Rosso , Raffensperger , Powers , Desch , Valentino and Schwan voting Aye . Nays - none . ) ADJOURNMENT The meeting was duly adjourned . &,, ( &,c Edward L . Bergen Town Clerk