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HomeMy WebLinkAboutTB Minutes 1977-12-13 TOTST OF ITHACA REEGULAR BOARD PTMETING December 13 , 1977 - 5 ° 15 -p . m . At a Regular Meeting of the Town Board of the Town of Ithaca , 'P. omp kips County , New York , held at the Tovm of Ithaca Offices a.t 126 East Seneca Street , Ithaca , New York , on the 13th day of Decer!ber , 1 .077 , at 5 , 15 pemo , there were PRESENT ; .•falter Jo Schwan , Supervisor Andrew tr% McElwee , Councilman Noel Desch , Councilman ( Supervisor -elect ) Victor Del Rosso , Councilman Robert Me Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman ALSO PRESENT � James Vo Buyoucos , mown Attorney Lawrence Pe Fabbroni , Torun Engineer/Building Inspector Gust Lo Freeman , Jr . , Councilman-Elect Beverly Livesay , County Representative Liese Bronfenbrenner , Town of Ithaca Planni �i:* Board. , Chairwoman Arthur La Berkey , 128 Christopher Circle Evan Monkemeyer , Developer Tli. 11iam Tompkins , Director , Plant Engineering , Borg- Tarner (Morse Chain Coo ) Kevin He Rorke , American Television & Coraiunica. tions Corporation ( Ceracche TV ) Representatives of the Nedia hilip Lerman , Ithaca Journal Paul Harvey , 11HCU Dan Cummiings , tin!f O 7PPORT OF COUNTY REPRES=TAmI�7E Mrs . Livesay reported that CETA funds are now available for Cl--Jo clog wardens . She noted that expanded coverage in the way of dog control can now be furnished for about $ 10 , 000 over and above the C;�:-JTA contribution . This would provide more than 9 to 5 coverage a �r7ould cover extra gasoline , wear and tear on vehicles , dog food , a-nd work at the shelter . It would provide virtually 24 hours a day 7 d ®r%ys a week coverage . It ittrould not always be complete coverage but !.-'!so Livesay said it would be much wetter than vae have now , The Supervisor ac4ked ;ors o Livesay to look into who would oa. cic up the tab " wit �; regard to the une* lo�mant insurance for tT?,e� (SETA employees e She said she would do so ' I so Livesay referred to new legislation novr b�,-. 31 119 ._mil Lv the State which will raxVov ide , if it is adopted , rosy noted there are all kinds of problems under exx -istxng Sta': e I -awo The proposed State legislation we-jld appear to a. 1 :1_ 0=. -t 7.1 :=.I. icipa. . t .4es t0 Set their C?v.^n1 license fe \ prc is 7b' y through th :D County ) , ' °t' ?e certain limitations mal. imIMS or MinilrUnis e She sat d this l (-T a. S1 (R1 .1 tion has Gassed the AsSembly lossi:. caoss - _ on and, t vr'as s-;m �_ 1 i s. r1 mittee in the Senate whan C'gI S1 5!.�: s ' t` be re ° s brq .itted for tb :iS ycaro She ino% ed i: X:at tllo ne- has eliminated a nur.'�o .' o r;,. c. f. roversiul ^:nitj: e_rz* A "'l:i g Other i ,1f11Yi(Y it would pardllit but riot r-.ia aci. atc� tato�., rtcj of dogs , for exarv.plc. o Town Board lA3inutes - 2 p December 13 , 1977 Mrs . Livesay asked for a commitment from the Tours Board to allow the County to retain the surplus dog monies which are usually returned to the Town . This money and other surplus money from the other Towns left with the County could be used by the County to con ° tract with the SPCA for more complete dog control coverage . SIaper � visor Schwan said that before the Town could make such a commitment it would be necessary to know how much in overall total the surplus money amounted to and hoigy much additional dog control it Tkyould give the Town . He observed that if this money were pulled out of the Toum budget , it would represent a loss of revenue which would have to be raised in taxes . This is a general fund budget iten. -TIrs . Livesay , upon question from Councilwoman Valentino , said that to date no other town has made such a commitment , but she said the Town of Ithaca is the first one she has approached . The Supervisor recommended that the dog surplus monies for the last three or four vears be investi@ gated and a report made at the January 9 , 1978 meeting of the Doarc' . RESOLUTION OF INTENT TO JOIN T11 COUNTY TRA"1SPORTa?3TION CO?,ujISSITk1 Supervisor Schwan reported that there is a request from the County that the Tom Board pass a resolution of intent to join the County Transportation Commission . After discussion , the Board acted as follows , Motion by Councilman Deschd seconder? by Councilwoman Valentino RESOLVED , that Gust L . Freeman , Jr . shall act as the gown of Ithaca ° s representative on the Ithaca Tompkins County Transportation Commis -- sion , with Councilman McLlwee to act in his place as an alternate , with the further understanding that ToUm Engineer Lawrence Po Fabbroni shall act as the staff representative of the Town of Ithaca . ( Del Rosso , Raffensperger , Powers , TIcElwee , Desch , Valentino and Schwan voting Aye . Nays ® none . ) AGRF,E.Mri*1T WITH CITY OF ITHACA The Board reviewed a proposed agreement between the Town of Ithaca and the City of Ithaca relative to certain interchange of water services . After discussion and rAnor revisions to the *proposed agree •° ment , the Board acted as follows ; Hotion by Councilman Desch9 seconded by Supervisor Schwan - REjj!3'?_LV7D , that the contract between the City of Ithaca and the Town, of Ithaca , as amended , relative to certain interchange of water ser vices r is hereby approved. and the Town Board .recommends that it be el e�,Uted on behalf of the Town of Ithaca . ( Dr.. l Rosso , Raffen5p<arger ,, Powers , ?-1cElwee , Desch , Valentino and chTlan voting Aye . lays none ) G BOARD Notion by Supervisor SchTptan ° seconded by Councilwoman Valeni tno RESOLVED that Liese Bronfenbrenner is hereby appointed as of the To�:lm of Ithaca Planninq Board for 1972. ( Del Rosso , Ra. ffenspear'; er , PcT--Jers , �-1cN 1Tree , Desch , Valentino and Schwan voting Ave . ::Ta.�� s G ::one ) Town Board Minutes 3 December 13 , 1977 REQUEST OF HORSE CTIAI?1T COalPANY TO CONSTRUCT A BACK UP LP qps SYSTETI Fir . Fabbroni explained that Morse Chain Conpany is consider ing construction of an emergency LP gas system as z backup for their natural gas supply which now exists . This is something not specifical � ly covered in the Zoning Ordinance and should , therefore , be reviewed by the Planning Board and the ToiAm Board . Mr . T'illiarn Tompkins , repre •° senting Morse Chain Company proposes six storage tanks that would sup °= ply the plant if natural gas is not available for any reason . r 'r . Fabbroni furnished the Board with prepared material summarizing the problem and a schematic which shows how the system Mould connect to the plant . He illustrated with blueprint . ulri . Tompkins was asked what would happen in the event of a leak or sabotage . Mr . Tompkins said there are safety release Valdes on the tanks ; the equipment has a fail - safe device and there is an automatic ' shut° down feature . TIr_ s . Bronfenbrenner observed that the planning Board has reviein7ed this and has approved it , it is an auxiliary fuel system to be used only if natural gas is not available . 141r . Tompkins noted that they rave re ° viewed this matter with the City of Ithaca Fire Department and the City of Ithaca Fire Chief ( Weaver ) found no problem with it . The proposal is also in accord with Natiohal Fire Piot4 ection Codes and Requirements . A question by CouncilWonLan ftaffensperger elicited the information that the tanks are 700 feet fron houses in the areas that there are no visual problems anti no serious safety problems . After the discussion , tie Board acted as folloTus I-lotion by Supervisor Schwan :° seconded by Councilman McElwee , RESOLVED , that this Board hereby grants the request of ;Morse Chain: Company to construct an emergency liquid propane emergency gas system to back-up its existing natural gas system , to be used only if nat- .ur •- al gas , for any reason , is not available . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Nays - none ) DISCUSSION OF HIGHWAY PROBLEMS There was discussion of various trouble spots around the Town in the way of highway maintenance °- - potholes , snow removal , salting and cinder spreading - - in Eastern Heights , Snyder Hill Road. , Forest Home , Pine Tree Road . Councilman Bel Rosso recommended prejpar - ation of a mapping of the whole area �Aihich the Town Highway Department maintains . Councilman Desch suggested that snow fences and other me, aris (metal screening ) might be helpful in alleviating severe snotira conditions . Mr . Parkin was not convinced these means Tuould be use .a rul . Councilman Desch said it was a program that could not be acc .om.-. plished in a year or in five years , but should be looked at for the long term . Hr . Parkin ` s responses indicated that many of the pro b r,, lams result from a Jack of manpower and certain equipment . The S . 'aervisor agreed that much of the problem is a natter of manpower =rd equipmento that it might be necessary to increase the Tlic7hway Twpartment budget . BOL T'0'`T POI 7 DEPICIT iar . Berkey referred to statement of Councilman Powers made. at a prior meeting that he recommended that the Town Boar:' i'fl `? $: ruc..t the Southern Cayuga Lake Intermunicipal 67ater_ Commi. ssi.on to present documentation of the direct causes of the deficit and to indicate what actions are being taken to preclu(le future deficits . ? 1r . Berkey asked Courciinan Powers if he intenced to nape a resolution to effect this . Councilman Powers said he had not yet decide.l to make such a resolution , that he would discuss the natter the the Board and others before making a decision in the matter . • 1 TovM Board Minutes p 4 December 13 , 1977 A 4ENDMENT TO TV FRANICHISE The Supervisor noted that the Town now has in hantl th. e Dro � posed amendment to the present TV franchise and that a public nearing on the matter might be set . Councilman Desch recommen:'.ed that the proposed amendment be reviewed by a representative of the Toren on the County Cable Commission' and that the Town ' s representative , Council •°= woman Valentino , review it ivAth the -Town Attorney ., and then recommend a course of action . C`.ourzcilwoman Valentino said the Cable Commission has set up a . specific cormittee ' to review a matter line this . The committee would review it and. make a report to the full Cable CoM"n sion and the Cable Commission will report to the Tot;<m Board' , ` Ile said a public hearing for the February meeting , could be scheduled . She said the Cable Cos mission . has started research on the amender' . franchise and will male a report at the January meeting of the Town Board . Mr . Rorke observed that the language proposed in the artend �0. ment brings the franchise into accordance with New York State Tele •A° vision Franchise Standards . PUBLIC R.EA.RING S -CAR GAk?.�GE " Springwood " T'. merits FYr . PROPOSAL Proof of posting and publication : of notice of public hearing in this matter having been presented by the Town Clerk , Supervisor Schwan opened the hearing . Pip . Evan %�onkemeyer illustrated the proposal with blueprint . Fe noted there is an area for expansion or ultimately there will be carports where the car space : are now . Mrs . Bronfenbrenner said no one appeared in opposition to this proposal at the Planning Board hearing and that the Planning :Board is recommending to the Town Board that the project be approved . No other persons wishing to be heard , the Supervisor closed the public hearing , and the Board acted as follows Motion by Councilman McElwees seconded by Supervisor Schwan , P.ESOLVED , that this Town Board hereby approves the proposed a ®car garage at 123 East King Road ( " SpringFrood " ) , Tax Parcel 5 431, 2 = 8 , zoned Multiple Residence District and owned by Evan F.Tonkemeyer . ( Del Rosso , Raffensperger , Powers , ITcElwee , Desch , Valentino and 0( ; hwan voting Aye . Nays m none ) R ,917EST OF STAN? CZ7%JoWNSKI FOR rFIMBTIRSFP.T. ..TTT. OF, ALLEGED DAB 3ACES The supervisor referred to a letter elated December S , 1977 f}-om :Stan Czamanski in which he notes that the fire hydrant belonging to an:? maintained by the Town of Ithaca. and located on his property l0 ? Regency Lane has been leaking for some time . He said the water_ I . . s been seeping undetected for some time and has ruined his lawn arcl one old tree . He said the Landscape Service had to drain it and put in a new lawn , but the tree could not be replaced at the tkcrie o ,"fir . Czamanski asked if the bills for the repairs could be forwarded to the Town . The Supervisor recommended that a letter be cr7ri` ten to 71r . Czamanski advising hint that the ToTrm . will assess the damage he seems to have incurred and be a.n touch with him at a later cola .. BI.LL11JG OF IACOVi LLI Bli!O 'ITIF.R " COITRACTI;NG COo , I1.1C. 0 SETTER LINE ACROSS ROZ3 %.t? � Kf':s`sDP. LL AVENUE lacovelli Dro ;.leas Contracting Co . , In. . have surrtitted to the Town of It '� .aca a bill in the amount of $ 1 , 355 . 16 with respect to a sewer line across road ( .IeZendall Avenue ,, Latnlrence_ lacovelli ) ^ OV� r = ing hac khoe , rental of cor:pressor , tolo loads o -` crushed stone , tr, ;zn. :: ® 0 te pipe , and 48 hours of labor . � v Town Board Minutes December 13 , 1977 r4r . Fabbroni said there is question �rixith respect to the items of fill and labor , for the rest the billed orice appears reasonable . Supervisor Schwan recommended that Iacovelli indicate the number of feet of transite . The To`tm Engineer was directed to look into this matter and make a specific recommendation to the Board . REQUEST FOR SET1ER LINE EXTENSION Supervisor Schwan referred to a letter from Richard I . Mulvey , Attorneys dated December 6 , 1977 , on behalf of his client , Ed Tubbs , who is requesting that the Town extend the sewer line on Coddington Road to serve Tax Farces 6 - 42 � 1 � 9 . 44 owned by Mr . Tubbs . The Board recommended that the Town Engineer lay out the situation and make a recommendation to the Board at the December 34th meeting . PUBLIC HEARING - CONSTRUCTIVE NOTICE OF HIGHT^AY DEVECTr+ Proof of posting and publication of notice of public hearing having been presented by the Town Clerk , the Supervisor openerl the hearing . Supervisor Schwan read the proposed local lacy , and indicated it is added protection to a municipality in the event of accident due to sidewalk or highway defects . Ho civil action can be main ° tained against the Town or Town Superintendent of 1Tighways for dam ages or injuries to person or property unless notice of a dangerous condition is given to the Town Clerk or To�*n Superintendent of Highm ways . The Supervisor asked for comment from the public . Mr . Berkey said he did not think the proposed law is fair , that it is the responsibility of the Town to take care of all potholes whether or not tjyritten notice is given . Councilman TCElwee pointed out that the Town must be aware of a dangerous condition before it can correct . The Supervisor agreed that that Town should be aware of dangerous situations within the limited amount of manpower . The roads cannot continually be traversed looking for problems . The Supervisor pointed out that the impetus to adopt this local law came from officials in Albany , from the Association of Towns and also the Department of Audit and Control . It has been recommended that towns enact this legislation . No other persons wishing to be heard , Supervisor Schwan closed the hearings and the Board acted as followsm Motion by Supervisor Schwan ; seconded by Councilman r4cElwee , LOCAL LAT11l NO . 3 1977 A local lava of the Town of Ithaca enacted pursuant to the powers granted to the Tom by Article Two of the r3unicipal Nome Rule Law of the State of New York , providing for written notification of defects and obstructions on tovm highi!-rays and sidewalks in the Toiiwn of Ithaca . BE IT ENACTED BY THE TOTS 11 BOARD OF THE TOVrj T OF ITHACA . AS i• OLLOWS Section 1 . No civil action shall be maintained against anys tocm or town superintendent of highways for damages or injuries to person or property sustained by reason of any highway , bridge or cut. vert being defective , out of repair , unsafe , dangerous or obstructed unless written notice of such defective , unsafe , dangerous or ob � structed condition of such highway , bridge or culvert was actually given to the Toiom Clerk or Town Superintendent of Highways , and there was a failure or neglect Tr7i4hin a reasonable time after the giving of such notice to repair or remove the defect , danger_ or ob ® struction complained of ° but no such action shall be MaintaineJ for Town Board Minutes - 6 December 13 , 1977 damages or injuries to person or property sustained solely in con- sequence of the existence of snow or ice upon any hi c lyeay r bridge or culvert , unless written notice thereof , specifying the particular place , was actually given to the Town Clerk or Tosam SuperinLendent of highways and there was a failure or neglect to cause such snow or ice to be removed , or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice ° Section 2 . The Town Superintendent of Highways shall trans ° mit in writing to the Town Clerk within 5 days after -the receipt thereof all written notices received by him pursuant to this local law and Subdivision 2 of Section 65 - a of the Town Lawn The Town Cler:= shall cause all written notices received by him or her pursuant to this local law Subdivision 2 of Section 65 - a of the Town Law , to be presented to the Town Board within 5 days of the receipt thereof or at the next succeeding Town Board meeting whichever shall be sooner . Section 3 . This local law shall supersede in its application to the Town of Ithaca Subdivisions 1 and 3 of Section 65 ° a of the Town Law . Section 4 . This local lava shall take effect immediately upon its fill dhg in the office of the Secretary of State in accordance with the provisions of Section 21 of the Municipal ' Home Rule Law of the State of New York . ( Del Rosso , Raffensperger , Powersr McElwee , Desch , Valentino and Schwan voting Aye . stays - none ) T . V . MfUtR E10GINEERS Nlri SURVLYO S 173I :JLI'371 PENNSYLVANIA AND K.ENDUL AVENUES Billing in the amount of $ 2 , 050 . 00 from T . G . 'Hiller Engineers & Surveyors for surveying and mapping of Pennsylvania and I;endall Avenues was discussed by the Board . Payment was deferred on this billing temporarily . REFUND OF WATER CHARGE A letter dated December 12 , 1977 from Ray Thomas , Commission Clerk ( Bolton Point ) , indicated that Mr . Lawrence Darrah , 1319 han - shaw ':Road , paid for a special reading billinq and late charge , which sane charge was paid by the previous owner . Therefore , a refund in the amount of $ 60 . 03 is due to 11r . Darrah . :: lotion by Supervisor Schwan , seconded by Councilman Desch , RESOLVED , that a refund in the amount of $ 60 . 03 shall be made to 11r . Lawrence Darrah , 1319 Fianshaw Roam , as the result of having paid fsor a special reading bill and late charge , which same charge was paid by the previous owner . ( Del Rosso , Raffensperger , Powers , PaicElwee , Desch , Valentino and Scho7an voting Aye . Nays - none ) REQUEST FOR REIn7BUiRSEMEFdT FOR ^ PAIRS TO SEWER AT 131 SALEM DRIVE Supervisor SehTeian react a letter from Mrs . James Co Cady , dated December 6 , 1977 requesting reimbursement for repairs to sewer at 131 Salem .Drive in the amount of $ 311 . 74 ( unplugging selwofe line ) . ITrs . Cady felt she should be reimbursed because the fault was in the Town ` s sewer line . After discussion. the Board acted as follows ° Town Board Minutes 7 December 13 , 1977 Motion by Supervisor Schwan ° seconded by Councilman Desch , RESOLVED , that !ors . James C . Cady , 131 Salem Drive .. be reimbursed in the amount of . $ 311 . 74 for monies expended by her in removing sewer blockage ; such reimbursement to be paid out of sewer surplus funds . ( Del Rosso . Raffensperger , Powers , PIcElwee , Desch , Valentino and Schwan voting Aye . Trays none ) Since it appeared that Mrs . Cady had a long standing sewer problem which the Town was not aware of from the beginning , Councilman McElwee felt there should be some way the Town could have notification of problems such as this one . He felt this situation could arise again , There was some discussion of having plumbers who are involved advise the Town in cases like this . Supervisor Schwan said a letter could be written to the plumbers , but he was not convinced that they would understand or take any action . No firm policy was established at this time . BID DATE O1.`1 FIVE- �ARBA SEWER PROJECT The Supervisor referred . to a letter from Lozier Engineers , Inc . dated Nove' miber 23 , 1977 . t6 the United States Environmental Pro tection Agency advising them . that the advertisement for bids on the Town of Ithaca five area sewer project will be published on December 1 , 1977 and that bids will be received and opened at 2 ° 00 p . m . on January 13 , 1978 in the Town Ball . The ad will appear in the Ithaca Journal , the Rochester Democrat & Chronicle , the Syracuse Herald Journal and the Binghamton Press . Mr . Pabhtoni reported that specifications have to date been picked up by four interested bidders . F1e did not know at this time how many might have been Picked up at Lozier Engineers , Inc . office in Rochester or sent out from there . LOZ IER ENGINEERS BILLING FOR STEP I AWD STEP II WORF{ FIVE -AREA SANITARY SEWER EXTERNSIONS The Supervisor referred to a billing from Lozier Engineers ,. Inc . in the amount of $ 36 , 901 . 04 for professional engineering ser� vices for completion of Step I and Step II work in conjunction with the construction of Sanitary Sewer Extensions to the Tot-in of Ithaca Sanitary Sewer System , per agreement dated march 14 , 19779 Step I i,7crk was $ 34 , 000 and Step II work was $ 93 , 000 , less amounts previously t.aid of $ 95 , 095096 , leaving a balance of $ 36 , 901 . 04 . It was agreed'. to defer payment of this billing until EPA money is received . PUBLIC EELRIING - REQUEST OF CORNELL UNIVERSITY 7,10 TXP BOLTON POINT T-'AIN R7JUST14nj TT OF BE11E?' IT FORMULA Proof of posting and publication of notice of public hearing having been presented by the Town Clerk , the Supervisor opened the hearing . Supervisor Schwan explained that the purpose of this hearing is to consider the request of Cornell . University to be connected to the Southern Cayuga Lake Intermunicipal T�later System ( Bolton Point ) transmission main to provide water for sprinkler system for storage library building being constructed by Cornell university and to amen: the Town of Ithaca water and sewer formula to make this possible . . The proposed change in the mown of Ithaca water and sewer benefit formula is as follows t7here se�aarate sprinkler service connections are made to the Town water system , the benefit charge will be as £ol ° lowsoo Town Board Minutes - 8 - December 13 , 1077 One unit for every 10 sprinkler heads installer! , plus one unit each for each Siamese connection and each standpipe outlet . In the event such requests are made for connec - tion to the transmission systerci within the Toy-lm of Ithaca , consideration will be given by the Town to such request only after formal approval by the Southern Cayuga Lake Intermunicinal Wlater Commission . The foregoing charge is waived where domestic service is . provided to the same building . Councilman klcElwee reported that he had cone some research on this matter and recommended as an alternative method of reckoning the benefit charge , main sire . Councilman 11cr wee furnished figures in dollars used in Erie , Onondaga T.1ater Supply , American TVlater Scr � ; vice in Pittsburgh , and the Town of CortlanFdville , for various trans mission main sizes , 4 " lhch , 6 - lnch , 8 - inch , 10 - lnch , and 12 � inch . (A tabulation is appended to these minutes ) . This led to a long d is - cussioh as between using transmission main size and number of sprink � ler heads as the basis for the benefit charge . Hre. Berkey did not think the basis should be the number of sprinkler heads , but an assessment based on front footage as in other units in the Toipin . Ills position was that everyone should be assessed for sprinkler heads or nobody rather than make an exception . Super visor Schiryan said there is no specific location being assessed at this time on the basis of sprinkler heads , but they are being asses �� sed benefit based on frontage on a Town-owned main . lie explainer , however , that this main does not belong to the Town and it does not fall in the same category and that is the reason, for amending the benefit for this particular use . Councilman T?cElwee suggested that should the sprinkler head method of assessing benefit be revised , this particular Cornell Uni - versity location should come under the uniform method adopted ( wha.t - ever it is ) . The Board was in agreement on this . No other persons wishing to be heard , the Supervisor closed the hearing , and the Board acted as f_ ollows .n Motion by Councilman Desch ; seconded by Supervisor Schwan , St?_LEO , that this Board hereby y grants permission to Cornell Uni - ve= city to connect to the Southern Cayuga Lake Intermunicipal Wate:x Ovstem ( Bolton Point ) transmission main in order to furnish water an eiergency sprinkler system for the new library storage build -g which it is now constructing , and further RESOLVES that the Town =' f T_ tnaca water and sewer benefit formula is amended as follows C!There separate sprinkler service connections are made to the ToTiyn water system , the benefit charge ir,7ill be as follows ; One unit for every 10 sprinkler heads installed , Plus one unit each for each Siamese connection and each standpipe outlet . In the event such requests are made for connection to the transmission system within the TOrfyn of Ithaca , consideration will be given by the To�-m to such re "� guest only after formal approval by the Southern Cayuga Lake Intermunicinal Water Commission , The foregoing charge, is walved where slomestic service is Pruvi red to the same building , Town Board Minutes m 9 - December 13 , 1977 it being further understood that should this formula lie, re ° vised in the future A this building o�6med by Cornell University will be charged for water benefit in conformity_ with the formula in use for the rest of the Town of Ithaca . ( Del Rosso , Raffensperqer , Powers , t -1cElwee , Desch , Valentino anJ Schwan voting Aye . Nays . none ) PUBLIC HEARING - WATEL'. AND SE` IER ASSESSMENT REFUNDS IN CERTAIN CASES Proof of posting and publication of notice of public nearing having been presented by the Tocsin Clerk , the Supervisor opened the hearing . He then read the proposed law , to be known as o. `° RrM°IDS . SEt*7ER AND WATER BENEFIT ASSESSMENTS IN CEIATAIN CASTS C After the reading , Councilman .AcElwee asked what would happen if the occupants did work in lieu of rent payments ( referring to the no rental income provision of the law ) . Supervisor Schwan pointed out the difficulty of writing a law which does not have a loop - hole if people wish to use it . Howes ver ; he recommended adoption of this law at this time . He noted that the ?utter has been before the Board for over a year . The consensus of the Board appeared to be that this law ought to be adopted , at least on a trial basis . Should it generate too much administrative effort or an inordinate number of requests , the Board could consider rescinding it . There was brief discussion of whether retroactive refunds could be made to persons who have heretofore applied for a refund based on the apartment being occupied by a family member . It was agreed that refunds should not be retroactive , but should only be available after the adoption of the law . No other persons wishing to be heard , the Board acted as fo1 lowso Motion by Councilwoman Raffenspergerl seconded by Councilman Powers , RESOLVED , This law shall be known as * " REFUNDS . SE 1ECR AND WAITER BENEFIT .ASSESS11ENTS IN CERTAIN CAST' S . " Section 1 . Findings and Purpose . A method of raising funds for the payment of Town eater and sewer improvements includes the levying of sewer and water benefit assessments according to the num- ber of dwelling units in a structure . An apartment in a one - family hone is deemed to be a separate dwelling unit . Hocry ever , there are a D .imber of dwelling structures in the Town in which the main portion of the dwelling and an apartment or other separate dwelling unit therein are occupied by members of the same family . It is the in � to:� tion of this law to make an equitable adjustment in the assessment of such benefit charges where such dwelling unit is occupied by mezm � �e s of the same family as herein defined . Section 2e UThen ( i ) a structure which is used exclusively for residential purposes as a one or tsrto �-- family dwelling contains an apartment or other separate dwelling unit which is deeme=d a separate unit for the purposes of levying special benefit assessments for Town water and sewer improvements5 and ( ii ) such apartment or separate unit is occupied by one or more persons related to the occupants of the main part of the dwelling structure as parent , brother , sister , child , grandchild , uncle , aunt , cousin of the first degree or the spouse of such persons , and ( iii ) no rent income or other Palmlent is received from the occupants of the apartment or separate dwelling unit for the use thereof , and ( iv ) the dwelling structure is owned /6 Town Board minutes 10 December 13 , 1977 by one or more of the occupants of the main part or such structure , then any such special benefit assessment levied for such apartment or other special assessment as a separate unit shall be refunded in accordance with the following provisions ; A . At any time after he has paid the 'down and County tax bill issued in January of each year , but ;-prior to March 1 of such year , the owner of such dwelling may apply for refund of the amount of the special benefit assessment levied because of a separate unit or apartment in such dwelling . B . Such application , duly executed and sworn to by the owner shall contain a statement that , as of January 1 of that year and as of the date of such application , the dwelling and dwelling unit were and are occupied aS hereinabove stated and shall contain such other statements as are deemed necessary by the Town to determine ^ ligibi11" ty of the applicant for such refund . C . The Town Clerk shall deliver such application to the Town Supervisor ( or other person designated for such purpose ) to - gether with any report he may wish to make , for submission to the Town Board , Do If the ''own Board shall approve such application , it shall direct the Town Clerk to refund the amount , *,with no interest , equivalent to the special benefit assessment attributed to such apart - ment or separate unit . No such refund shall be deliverers to the owner unless he signs a receipt which may include a statement that there has been no change in status of the use of , or the income d. e ° rived from , the apartment or separate dwelling unit , which would make him ineligible to receive the refund . E . Any application for such refund by an eligible owner must be made annually and any such eligibility must be established annual- ly . ' . If , after such refund is received , ( i ) such apartment is occupied by someone other than a person related to the owner as des - cribed in Section 2 ( ii ) , above , or ( ii ) rent income or other payment is received by the owner from the occupant of the apartment for the use thereof , such owner is required , within 30 days thereafter , to notify the Town Clerk , in writing , of the change in status of the apartment and shall promptly pay to the Town Clerk the special benem fit assessment previously refunded to him . G . If the owner fails to pay to the Town , oTithin 30 days after written notice by the ToTv7n Clerk , the amount of the refund he previously received , such amount ; together with a penalty of ten per - :vent ( 10 % ) of the amount due , and interest at eight and a half ( 8 - 1 / 2 % percent per annum shall be added , as a separate item to the Town tax bill of such owner levied thereafter ( the Jaruary Tocryn and County Tax bill ) , and collected as part of such tax bill . L.H . Any person who makes a false statement under any prow visions of this law or fails to notify the Town of any change as re - quired by this subdivision , shall be subject to criminal prosecution for perjury pursuant to the provisions of the penal Lana of the State of NeTa York , and shall be guilty o :f a violation . I . Any person , duly authorized by the Town , upon identifica�4 tion of himself and a ,declaration of his purpose , shall 11ave the right , on five days ' notice , to examine the owner an& his records , and to enter upon and inspect the premises , and to inquire into the use and rental status of the apartment . The refusal of the owner or his duly authoriezed representative , or of any occupant , to permit any inspection or eXaraination in accordance with the above , shall be deemed to be a violation . 17 Town Board klinutes A 11 December 13 , 1977 J . Each application shall be kept in a separate file , to� gether with a record of the disposition of such request . K . The penalty for each violation of this law shall be a fine in an amount not to exceed $ 50 . 00 . L . This law shall take effect immediately . ( Del Rosso , Raffensper_ ger , Powers , McElwee , Desch , Valentino and Schwan voting Aye . Plays none ) REQUEST FOR RESOLUTION FOR RAIL- HIGHWAY G3ATJE CROSSI11G PROGILkNI Supervisor Schwan read letter dated November 21 , 1977 from the Department of Transportation requesting that the ToiAm of Ithaca adopt a resolution agreeing to permit the Department of Transporta- tion to construct a Federal Aid Rail ° Highway Crossing Program Pro �iect on the highways , streets , and roads of the Town of Ithaca . mhe DOS' furnished a sample resolution for the Town ' s use . Since the Board was unfamiliar with this project , it was agreed that the matter s}.►ou: la. be put on the agenda for December 30 , to give the Board and the SuperO visor an opportunity to study the matter further . REPORTS OF TOTZ71 OFFICIALS Town Engineer Mr . Fabbroni reported that the Town is about ready to sub- mit application to FDAA for the flood money the Town spent . The paper work has been completed by Mr . Ocello . Per . Fabbroni reported he had prepared the specification for the salt storage building and has given this to Councilman McElwee and Councilman Desch . He said he is prepared to put this out to bid as soon as he has a consensus from the Board in this matter . He hoped the decision on this would be made on December 30th or January 9th , 1978 . Mr . Fabbroni reported that Barbara Restaino , Planner , is attempting to work with the School District , Mr . Banner and Mr . But ° ler and himself with a view toward the drafting of a maintenance agreement for the DeWitt Jr . High School Recreation Site . It is hoped that the Board will be able to review that draft and come to i conclusion on both the funding and maintenance aspects by PRay 1 . he said they would shoot for February 1 and hope to complete it by Tray 1 so that an application can be submitted to the Bureau of Out door Recreation . Mr . Fabbroni reported that Mrs . Restaino is reviewing the requirements for enacting legislation ( SEQR) for permit Projects im the Town . The SEQR Act has been amended several times ancd the new guidelines will not be available until February or rlarch . At the moment it is a confusing state of affairs . ! then the new guidelines are available , Mrs . Restaino will make a report to the Board . P1r . Fabbroni reported thwt.- the Town has submitted projects to the County under the State Safer- Off Syste).n , one for filling in the ditch on Snyder Frill Road ( $ 1A . 700 of which 700 will be reimburs � ed by the State ) ; and the other a guard rail project on Sand Bank Road ( $ 18 , 000 of which 70 % will be reimbijrsed by the State ) . The l � Town Board minutes -- 12 9 December 13 , 1977 remaining 30 % will be paid by the Town : however , this will be for the most part in kind - - highway department labor and materials . The County has approved the projects which are now being reviewed by the State . Mr . Fabbroni said there should not be too much tire involved from a paper work standpoint . Mr . Fabbroni reported that he had issued permits for one 1 - family dwelling , 5 additions in November of 1977 for a total of $ 68 , 817 as compared to three accessory buildings in November of 1976 for a total of $ 19 , 200 . He said that temporarily there will be an increase in permits for accessory buildings as a result of Mr . Don - nell ' s surveillance programo therefore , next month will be atypical . Highway Superintendent Mr . Parkin reported on thy. number of days of cindering and plowingD reported that the Highway Department has been salting , anc! has been repairing guard railse has staked all signs in the Town cleaning ditches whenever possible ° cut brush , patched roads ( when not snowing ) r dick rhinor repairs to shoulders of roadwayso shaped up the end of Pennsylvania Avenue to correct water problem there ; braced the heaters in the Town highway facility , installed a culverts and put up signs , as in the school crossing in the Northeast ( as request ° ed by Mr . Berkey ) Mir . Parkin reported that the radios have not come in yet but they have been shippeds they expect to receive them this week or next . 'Planning Board Chairwoman Mrs . Bronfenbrenner reported that on December 12 the Planning Board appointed two people to the Park Committee , James Baker and Pat Mackesey . They are postponing nominating Town representatives to the County Planning Board until January . Mrs . Bronfenbrenner reported that the Planning Board had listened to the request of Mro _ William Tompkins of horse Chain Comt pany for an emergency bark -up liquid propane system to be used only if natural gas is not available . Mrs . Bronfenbrenner reported that at the Planning Board meeting of DecemberQ ,,1977 they had a public hearing to consider proposed rezoning from Business " C " to Business " D " , Tax Parcel No . 6 ° 62 , 201 . 121 a East Hill Plaza , for relocation of a nhoto - kiosk and development of a self - service gas island . This proposal was presen - ted by Mr . Steuart Nnowlton of Groff Associates . She said public in - put was generally r..ectative , citing increase in traffic and no need for either facility . She said the development was rejected by way Of' two negative votes , two positive votes and t4•ro abstentions . She ' this vote is no ` binding . I . appears there is another proposal :; .n v iw for rile same location w i which should be heard before a decsi_or, ,. Mack de t fr � " rs . Bronfenbrenner reported that )Hr . Evan. Monke_TMteyer made a proposal for rezoning of 30 acres of land presently zoned R- 9 , R- 30 ; and Business z' C ` , to a new Business " F " Commercial District , `fax Parcel ?o , 6 - 43 - R - 3 . 2 , on Danbv and ring Roards . The new proposed Business " F " zone would. encompass commercial and residential mli She reported that .4r_ . Flonhemeyer also requested consideratio; of rezoning approximately 31 acres from T., 0 to R° 15 as part of a clus3tr-� rdevelopment proposal , TaX Parcel No . 6 . 4. 2 - 1 - 13 . 2 ,> Danby Road adjacent to Ithaca College land . iq Town Board Minutes - 13 - December 13 , 1977 Pars . Bronfenbrenner noted the Planning Board on Decezber 'W / Z., 1977 held public hearings on both these Monkemeyer proposals . She noted that the Planning Board had approved the specific commercial uses proposed? by Mr . Monheineyer in the mixed commercial and resitden- tial zone as proposed . Councilman Desch recommended that the Town 2ttorney and the newly constituted Codes and Ordinances Committee review the substance of the 114onkemeyer proposals and report to the Board at the January 9th meeting as to the appropriateness of setting a public hearing for the February meeting . A rezoning might be accomplished at thQ March meeting if all is in order . Site plan approval by both the Planning Board and the Town Board might move final approval , if given ; into April . There would still be sufficient time to get started into the construction season . It was agreed the Codes and Ordinances Committee would report on the Monkemeyer proposals at the meeting on January 9 , 19780 Town Supervisor Supervisor Schwan recdmmended that with respect to the 5 - area sewer project the Tara should ( 1 ) sell bonds with all due haste , and ( 2 ) sell 20 - year bonds ( not 30 - year bonds ) . TOTilRJI OF ITHACA Tj.NR.RAj'. S FZotion by Councilman Powers , seconded by Supervisor Schwan , RESOLVTED , that the Town of Ithaca warrants dated December 13 , 1977 in the following amounts be apprbved � General Fund . o . . . . . $ 22 , 565 . 06 Highway Fund . . . . . . . . : . 22 , 777923 11ater and Sewer Fund . . . . . 144 , 373 . 54 ( 'gel Rosso , Ra .ffensperger , Powers , Mcrlwee , Desch , Valentino and Schwan voting Aye . ?Nays -- none ) BOLTON POIi?T WARRMTS Motion by Supervisor Schwan ; seconded by Councilman Desch , RESOLVED , that Bolton Point Warrants dated December 13 , 1977 , upon recomriend3ation of the Southern Cayuga Lake Intermunicipal Tlater Cora•1aisslon that they are in order for payment , and upon review by the ToTf,r. Board of the Town of Ithaca , are hereby approved in the amount of $ 16 , 943 , 16 in the Operating Account and in the amount of: 6e .14 ; 043 . 68 in the Construction Account . ( Del Rosso , Raffensperger , Powers , McElwee , Desch , Valentino and Schwan voting stye . Nays - none ) ADD^%`?')UST `f" O BID DOCM-1ENTS ON :) -AREA SET;rjR PROTECT Town Attorney Buyoucos reported he had prepared an addenduytz to the contract for the construction of the five - area server project in the To,/-7n of Ithaca , which addendum he forwarded to Lozler Engi - neers , Inc . for their review . He said cozier Engineers . Inc . would review it and consult iwith the EPA on it . The Board discussed this develor>ment at some length , and. at last it was recommended that the Town Engineer and Councilman McElwee review the adc? endlum , discuss it with the TnT:vn Attorne r , and report back to the Board'=, at the most appropriate time . � v Town Board A3inutes _ 14 December 13 , 1977 FEDERAL MT I ° RECESSION 41TI DS Supervisor Sch�7an reported that Federal Anti � '�ocession f,ands are available to the Town . He sail it was his preliminary recomnendaa, tion that the Town should obligate at least three o _f. the Federal Anti Recession funds checks which the Town has received to salaries and fringe benefits for the calendar year 1977 ° He said , however , he would study the matter further and rake a report at the neXt meeting of the Board ADJOURNI4E T The meeting was duly adjourned at 9o40 p . m. sine die . Edward L e Bergen Town Clerk Onondaga American Water Town of Main Size Erie Wate Supply Service - Pittsburgh Cortland - ville 4 " $ 216 130 189 - - 6 " 396 262 426 360 8 " 648 435 759 480 10 " 900 650 1186 - - 12 " 1200 - - 1708 - -