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HomeMy WebLinkAboutTB Minutes 1978-02-28 63 TOWN OF ITHACA ADJOURNED - BOARD MEETING February 28 , 1978 _ 5a15 p . m . At an Adjourned Meeting -of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca Offices at 126 East Seneca Street , Ithaca , New York , on the 28th day of February , 1978 , at 5 : 15 p . m . , there were PRESENT ° Noel Desch , Supervisor Robert N . Powers , Councilman ' Victor Del Rosso , Councilman Shirley Raffensperger , Councilwoman. Gust L . Freeman , Jr . , Councilman ALSO PRESENT : Lawrence P . Fabbroni, , Towom Engineer/Building Inspector Liege Hronfenbrenner , Planning Board Chairwoman John C . Barney ( Buyoucos & Barney ) Representatives of the Mediae Philip Lerman , Ithaca Journal ABSENT * Andrew W . McElwee , Councilman Catherine - A . Valentino , Councilwoman ITHACA AREA FLOODING Supervisor Desch rsferrsd to a letter from Gov . Hugh L . Carey dated February 12 , 1978 , and read saliAe . Gov . Carey said that if damage to privz�...e property has occurted or should occur in the City or Town , sped '° L � infu; ra " icii should be provided to the State Office of Disaster P =7c.-lparedness for a possible request for . Small Business Administratiol4t, ilisastovf loan assistance . He noted in his letter that , as a mir. am , aw least 25 homes or 5 businesses , or a combina - tion of 25 or ritnra el :+...xible applicants , must sustain uninsured damage exceeding 25 % lx: fair *eplacelnent value in order for SBA to consider such a reques -IL . Supez�Trisor Desch said Mr . Fabbroni would follow this matter closely and provide whatever statistical information is needed . Superv . . aor Des : reported that Mayor Conley has asked the Totrm to appoint a representative to a joint City/Town Fall Creek Capital Improvement Committee . On the Committee there will be repre - sentatives from ; all Creek Civic Association , the Environmental Man- agement Council , the City Environmental Commission , two Common Coun- cil persons from the Fall Creek area , the Mayor and one or more Town representatives , as well as a representative from the School district . Supervisor Desch said his view was that this Committee would probably be largely a data gathering Committee and one which will inventory the various options that can be developed for capital improvement ( actually a " planning committee " ) Supervisor Desch recommended the appointment of Dire Fabbroni to this Committee . He ' said any Town Board member or members could serve on this Committee if they so de - sire . 14r . Fabbroni said he would be glad to serve with respect to technical matters . He said if a sufficient number of policy matters should turn up he would advise the Board members so they might be present at meetings . Motion by Supervisor Desch * seconded by Councilwoman Raffensperger , RESOLVED , that Lawrence P . Fabbroni be , and he hereby is , appointed to represent the Town of Ithaca on City/Town Fall Creek Capital Im- provement Committee . ( Desch , Raffensperger , Freeman , Powers and Del Rosso voting Aye . Nays none . ) I Town Board Minutes - 2 - February 28 , 1973 ADVISORY COUNCIL TO THE TOMPKINS COUNTY FA0ILY COURT In response to letter of November 16 , 1977 from Betty D . Friedlander , Family Court Judge , requesting that the Town designate a representative to the newly created Advisory Council to the Tompkins County Family Court , the Board acted as follows ° . Motion by Supervisor Desch , seconded by Councilman Freeman , RESOLVED , that Urie Btonfenbrenner ., 108 McIntyre Place , be , and he hereby is , appointed to represent the Town of Ithaca on the Advisory Council to Tompkins County Family Court . (Del Rosso , Raffensperger , Freeman , Desch , and Powers voting Aye . Nays a none ) REFUND OF WATER ASSESSMENT ( SWENSON ) Supervisor Desch reported that Oscar Swenson , 1016 East Shore Drive , has been charged for two water units , the correct charge should be for one water unit . Therefore , the Board acted as followss Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that a refund in the amount of $ 48900 be made to Oscar Swenson , 1016 East Shore Drive , Parcel No . 19 - 2 - 20 , to correct charge to one unit of water benefit assessment rather than two units . ( Raffensperger , Freeman , Powers , Del Rosso , and Desch voting Aye . Nays - none ) COY GLEN LAND ACQUISITION Supervisor Desch reported that the Town will be pursuing the acquisition of Coy Glen properties and will be involved with funding applications to the Bureau of Outdoor Recreation . The Park Committee has recommended that the original appraisal of the Coy Glen properties should be updated so that a new appraisal will accurately reflect the current values and so that the Town will receive an appro - priate level of funding . Councilwoman Raffensperger noted that the property was previously appraised in 1972 . She said the Park Com- mittee requests authorization for $ 1 , 000 or less to update the appraisal ( time plus percentage , but not to exceed $ 1 , 000 ) . Motion by Councilman Del Rosso ; seconded by Councilman Powers , RESOLVED , that this Town Board hereby authorizes the up-dating of the appraisal of the Coy Glen properties at a cost not to exceed $ 1 , 000 . ( Freeman , Powers , Desch , Raffensperger , and Del Rosso voting Aye - Nays - none ) ` IDEMAN PROPOSAL — JUDD FALLS ROAD AND MITCHELL STREET Public hearing on this matter was held on February 13 , 19789 Decision was deferred at that time , pending further investigation with respect to parking and. traffic circulation . Per . Fabbroni re - ported that for the bowling alley area Mr . Ideman would require 128 parking spaces ; in this regard he has met the requirement . Mr . Fabbroni noted :here is also an excess area which can handle another 40 cars . Town Board Minutes A 3 February 28 , 1978 Supervisor Desch read a brief draft resolution providing for approval of the proposal with the following conditions * ( 1 ) uses limited to those permitted under Article VII , Section 34 , of the Zoning Ordinance , ( 2 ) provision of adequate paving and lighted parking in accordance with Section 38 of Zoning Ordinance ; ( 3 ) pre - sentation to the Planning Board of a landscape plan for the area immediately adjacent to the new addition for approval , such plan to be approved prior to issuance ' of tany certificate of compliance . Mr . Ideman objected only to the portion of u3 above which required the plan to be approved prior to receiving a certificate of compliance . He said at this time , time is of the essence . Con- tinued delay could be costly to him . Per . Ideman stated that he will definitely put in appropriate landscaping , shrubbery , etc . i that he will beautify the area ; and assured the Town Board he would do the " right thing . " After some further brief discussion , the Board acted as follows * Motion by Councilman Del Rossog seconded by Councilman Freeman , RESOLVED , that the proposal to construct an addition on the east side of the building at 14 Judd Falls Road , formerly known as " Ide ' s Drome " is approved as shown on the site plan with the following cone ditions * 1 . The use of the entire structure or any portion thereof is limited to uses permited under Article V'II , Section 34 , of the Zoning Ordinance . 2 . Adequate paved and lighted parking shall be provided on the basis of that permitted use which requires the greatest number of parking spaces required by Section 38 of the Zoning Ordinance . 3 . The developer will present to the Planning Board a land - scape plan for the area immediately adjacent to the new addition for approval . 4 . Construction and installation of the addition and land- scaping shall be completed in accordance with the plans submitted , including the plan approved pursuant to paragraph 3 above . No certificate of occupancy shall be issued absent compliance with this paragraph . ( Desch , Raffensperger , Powers , Del Rosso , and Freeman voting Aye . Nays ® none ) TV FRANCHISE - CERACCHE (ATC ) Supervisor Desch said that previous discussions and Town Board meetings have developed some concerns about the so - called rate increase of $ 2 . 00 a month for the converter service ( additional channels ) and customer cut-offs without due notice . The Supervisor said he had discussed these matters with several members of the Town Board and that the consensus has been to refer these matters to the County Cable Commission , Supervisor Desch read to the Board a let- ter he had written to Councilwoman Valentino , the Town ' s representa - tive on the Tompkins County Cable Commission , dated February 27 , 1978 . In the letter he stated that the rate increase of $ 2 . 00 per month for " converter service " is an item that needs to be tested in terms of reasonableness and overall economic impact on customers . Councilman Del Rosso asked how this question would be answered . The Supervisor said ATC has statistics ( or the County Cable Commission does ) on County wide statistics on the number of subscribers who will be affected and what the overall impact will be . bb Town Board Minutes - 4 - February 28 , 1978 The Board expressed concern over the fact that there was no control of the charge for Home Box , If Nome Box cannot be had without paying the extra $ 2 . 00 charge , then ATC could increase the charge from $ 2 . 00 without limit beyond what the traffic will bear . Mr . Barney agreed that under the present franchise the Town has no control over what is charged for Home Box . The Supervisor ' s letter to Councilwoman Valentino referrer to the fact that the matter of consumer protection needs further discussion . In the letter he asked what phraseology could be added to prevent arbitrary cut °offs of service . He recommended in the letter that the new " standard " kranchise should now be put into polished form . He recommended a target date of April 10 for final Town Board action on the franchise . The consensus of the Board was that the matters broached in the letter to Councilwoman Valentino should be considered by the County Cable Commission and the Board will await developments . The Supervisor in his letter also recommended that the concerns of other municipalities should be ascertained as well as their probable action . BUSINESS " F " PROPOSAL , - MONKEMEkER " ART COLONY - It-IONKEDIEYER REZONING - R- 30 TO R- 15 MONK914EYER The Board discussed these three matters at some length . It was agreed that the Business " F"' proposal ought to be referred back to the Planning Board . Motion by Councilwoman Raffensperger ; seconded by Councilman Powers , RESOLVED , that the Evan Monkemeyer proposal to revise the Zoning Ordinance to create a new Business " F " zone is hereby referred hack to the Planning Board for their re-consideration and recommendation . (Desch , Raffensperger , Del Rosso , Freeman , and Powers voting Aye . Nays - none ) With regard to the " Art Colony " and the rezoning from R- 30 to R- 15 , the Board acted as follows . Motion by Supervisor Descha seconded by Councilman Del Rosso , RESOLVED , that this Town Board will conduct a public hearing on March 13 , 1978 at 8 : 30 p . m . at the Northeast School Cafeteria on Winthrop Drive , to consider a proposed rezoning of approximately 31 acres of land from R- 30 to R- 15 as part of a cluster development , Tax Parcel No . 6 - 42 - 1- 13 . 2 , Danby Road , adjacent to Ithaca College land ( Monkemeyer ) . ( Desch , Raffensperger , Powers , Del Rosso and Freeman voting Aye . Nays - none ) Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that this Town Board will conduct a public hearing on March 13 , 1978 at 8945 p . m . at the northeast School Cafeteria ( Winthrop Drive ) , to consider a request of Herbert and Lenora Monkemeyer ( Evan N . Mcsnkemeyer as Agent ) to rezone approximately 1 . 05 acres of land from Business District " C " , Residential District R- 9 and Residential District R- 30 to Multiple Residence District . ( Desch , Raffensperger , and Del Rosso voting Aye . Powers and Free - man abstaining ) The motion was thereupon declared duly adopted . 67 Town Board Minutes 5 m February 28 , 1978 RELEASE OF PORTION OF FUNDS TO CONTRACTOR - TOWN HIGIRIAY FACILITY Mrs Fabbroni , Town Engineer , recommended release of' all but $ 2 , 000 to Chrisanntha Corporation , contractor for the Town highway facility construction . The primary remaining problem is with leak- age and condensation which occurs around the skylights ; and the in - sulation is not tucked up tight . At this time the Town is -retaininq $ 10 , 515 . Motion by SupervisorlDesch ; seconded by Councilman Powers , RESOLVED , that $ 89515 . 00 be released to Chrisanntha Corporation , constactors . for the construction of the Town highway facility , leav- ing a retained balance of $ 2 , 000 . 00 . (Desch , Raffensperger , Del Rosso , Freeman , and Powers voting Aye . Nays none ) TOWN HIGHWAY FACILITY is RETURN OF BID DEPOSITS Mr . Fabbroni reported that . it is now appropriate to return bid deposits to the unsuccessful bidders oaf the Town Highway Facility , Motion by Councilman Powers ; seconded by Councilman Freeman , RESOLVED , that bid deposits in the following amounts be refunded to the following companies ( unsuccessful bidders ) Allied Rochester Corporation 25 . 00 Avon & Fowler , Inc . 50900 Bat Con , Inc . 25 . 00 William E . Bouley Co . , Inc . 100600 F . Go Compagni Construction Co . , Inc . 25900 Dalrymple Gravel & Contracting Co . 25900 A . J . Eckert Co . , Inc . 25 . 00 Environmental Consulting Corp . 25 . 00 R . DeVircentis Construction , Inc . 25 . 00 J . Andrew Lange , Inc . 2540 Madison Electric Co . , Inc . 2540 Jones MacCrea 25 . 00 Superior Electric Const . Corp . 25 . 00 An Ju Cerasaro , Inc . 25 . 00 Schooley Enterprises , Inc . 25 . 00 John F . & John P . Wenzel , Contractors 25 . 00 Whitacre Construction Specialties , Inc . 25 . 00 ( Desch , Del Rosso , Freeman , Powers , and Raffensperger voting Aye . Nays � none ) 1�7IRGI1:4IA ERECTION COMPANY CHRISTOPHER CIRCLE TANK Supervisor Desch reported that the Town has been requested ' by the bonding company to release Virginia Erection Company which is now involved in a type of bankruptcy proceeding . Mrs Barney said they are in bankruptcy in the form called an " Arrangement " . they ;continue to operate in some fashion . He said if the Town gives Virginia Erection Company a release , it would be contingent upon Virginia Erection Company having authority to execute such release . Supervisor Desch said that the Town would like to proceed to rebid the painting of the Christopher Circle Tank without having to be con- cerned that Virginia Erection Company might claim it was their job . After some discussion and advice of Kr . Barney , the Board acted as follows * Town Board Minutes - 6 - February 28 , 1978 Motion by Supervisor Desch , seconded by Councilman Powers , RESOLVED , that the Town Attorney be directed to prepare a -release appropriate for the Town of Ithaca Supervisor to execute which will release the Town of Ithaca and the Virginia Erection Company mutual - ly from any boligations one to the other , and i4hich will not bind the Town of Ithaca in the event that there is no authority for the execution of the releases by Virginia Erection Company , and FURTHER RESOLVED , that any bonding company relying on such release must satisfy itself as to the validity of any releases signed on behalf of Virginia Erection Company before the release from the Town of Ithaca becomes final and binding . ( Desch , Powers , Raffensperger , Del Rosso voting Aye . Freeman abstaining ) The motion was thereupon declared duly adopted . HANSHAW ROAD AND SAPSUCKER WOODS ROAD INTERSECTION Mrs . Bronfenbrenner reported that the Dryden Planning Board are writing a letter to the Tompkins County Highway Department calling attention to what they consider a dangerous intersection - - Hanshaw Road and Sapsucker Woods Road . They have requested that the Town of Ithaca also write such a letter . Supervisor Desch said he would do so . EXECUTIVE SESSION Motion by Supervisor Desch * seconded by Councilman Powers , RESOLVED , that this Town Board retire into executive session . ( Desch , Freeman , Powers , Raffensperger , and Del Rosso votir:,c; 'y il ;� . Nays - none ) BATTISTELLA SEWER EASEMENT Supervisor Desch reported Mr . Roger Battistella ° r about potential damage to his property at 1553 - 55 Slar. ervi ::o?c:: when the sewer project is constructed . After the da. � c�zsc c_r : , th, Board reconvened in open session for the conduct of bus3hi. Motion by Supervisor Deschp seconded by Councilman Del Rosso , RESOLVED , that this Board hereb�,r authorizes u pa-;TrL& ent not to $ 350 . 00 to Roger Battistella , 1 :153 - 55 Sla-ce vill . Road , :c�eprese::. t - ing estimated damages to his property which might result in the course of constructing the proposed sewer main across his property , . t being understood that in return for such payment Roger Battis - L.. 1 a will grant an easement to the Town of Ithaca across his property for suc.- h construction ( Desch , Freeman , Del Rosso , Raffensperger) and Powers voting Aye . Nays - none ) ADJOURNMENT The meeting was duly adjourned at 645 p . m . Edward L . Bergen Town Clerk