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HomeMy WebLinkAboutTB Minutes 1978-03-13 TO=,Pkl OF ItUNCA REGULAR BOARD 'I'117771 1r Harch 13 , 1978 -- 7 > 3f) P . 11 . At a Regular rleetinq of the Town Board of the ^oi-,m of Ithaca ; Tomp �" kins County , New Yorke, held at the "lort'*%east School , 71int'i.ron nrive Ithaca , Tdew York , -on the 13th clay of Tlarch , 1970 , at 7 ° 30 p . m . , there were PRESE111T a 140' 1 Desch , Supervisor Andtew W . TicElwee , Councilman �l �ctor Del Rosso , Councilman =• ' ': Catherine Valentino ; .. Counciliproman Shirley Raffensperger , Counc'ili,yoman Gust L . Freeman , Jr . , Councilnan Robert n . Powers , Councilman ALSO PRESETIT , John C . Barney ( Buyoucos Barney ) Lawrence P . Fabbroni , Town Engineer/Building Inspector Robert E . Parkin , Highway Superintendent penry Aron o 'Tocrm Planning Board Robert Bonnell , Assistant to Toem Engineer Beverly Livesay , County Representative Nancy Fuller , Deplaty TolAm clerk Gertrude M . Bergen , Deputy Totm Clerk Bernard Stanton , Toi�.m Planning Board Evan llonkemeyer .o 123 Z . 1. ing Road David B . Gersh (Attorney for Monlp..erneyer ) John S . Ferguson , rond , Schoene:ck & Ding , Attorneys , One Lincoln Center , Syracuse , New York 13202 Arthur L . Berkey , 123 Christopher Circle 11r . and Mrs , Gordon Fisher , 413 Tlarren Road. Barbara A . Xenneriv , 3 Sandra Place Keith Kennedy , 3 Sandra Place "1 . B . Greer , 905 Triphammer ?load Joan S . K1une , 104' Brandywine Drive Charles Levy , 312 T 17inthrop Drive E . L . Rose :flonkemeyer ,; 1050 Danby Road Shailer S . Philbric! 117 Texas Lane T'arlin R . NlcEwen , 422 T-linthrop Drive ^ . S . R oberts , 106 Roat Street Sharon Stavp , 117 E . ' inq Road Susan Tlilliams , 123 Icing Roars. East lien Young , Danby Road Representatives of the "-le=3 is Philip Lerman , Ithaca Journal Paul I3arvey , '°TTIUTJ Representative of T?TKo SUPERVISOR ' S REPORT Supervisor Desch said the purpose of havinq Town !3oar3. meet- ings in different areas of the Town is to encourage nealghborhood participation . Where possible , items of particular interest to the neighborhood will be on the agenda . The Board feels strong neighbor- hood associations can be very helpful . Parking in neighborhood areas is more convenient than downtown Ithaca in .rios.t. cases . There will also be an opportunity to test the 7030 p . m . starting time as against the 5n15 p . m . starting ; ime . roleetings will be limited to three hours . This will probably necessitate some adjourned meetings . 70 Town Board Minutes - 2 - March 13 , 1978 Supervisor Desch referred to the first Town ^lewsletters noting that such a Jewsletter will be issued on a quarterly basis * He encouraged comment on it . An audit of the Bolton Point Construction Account is unfzer way . The Operation and Maintenance budget is in the process of being 1. audited . The overall budget will be contained in an annual report which the Commission will be publishing in the near future . Buyoucos & Barney will at a later date make a full report on the outcome of the legal proceedings in the matter of the F2edical Clinic on DuBois road ( proposed ) . The Appellate Division at this time has upheld the Town ' s position . The five° area sewer project will be rebid and the new hid opening date is April 5 , 1978 . The Board will be giving further consideration to waterline improvements in the Glenside area where there has been a critical pressure problem for years * it is one of the oldest systems in the Town . Since it is a fairly extensive improvements the "'oc.m will be looking for funding . The Town Planning Board will be considering again a re � zoning problem of Evan P2onkemeyer on South Dill - - a combined proposed new Business `T " zone anci multiple residence . The Planning Board will make a recommendation to the Town Board at the Town Loard ' s April meeting (April 10 ) . In April the County Assessment Division will be coming out with new assessment values and they will put on a seminar to make clear what is happening in one area of the Town in relation to other areas . This seminar c-All probably be held a week after the Town ' s April meeting . The Supervisor urged Townspeople to make their feel ° ings knovin on the new assessments . APPROVAL OF 114"IMUMS Motion by Councilman Del Rosso ° seconded by Councilman Powers RESOLVED , that the minutes of 7ovember 10 an(I December 8 , 1977 and the minutes of January 9 and February 7 , 1973 are hereby approved as presented . ( ?gel Rosso , Raffenspergers Desch , Freeman , Powers McElwees and Valentino voting Aye . Nays none . ) Councilman Freeman abstained with respect to the minutes of November 10 and December 8 , 1977 . He was not on the Board at that time . REPORTS OF T(YT1T OrrIrIA.LS Lavrr. ence P . Fabbroni , Town Engineer and Build; ng Inspector ^ r < Fabbroni reported on moisture , leakage , and condensa- tion problems with the highway facility skylights . He recomended elimination of the skylights and going to a completely metal roof . lie estimated it would cost about $ 800 to do this work . It was agreed that Councilman iticLlwee would take a look at this roof and skylight problem before a definite decision is made 72r . Parkin , Town Highway Superintendent , stated that elimination of the sky- lights would not create a lighting problem* 7 / Town Board minutes - 3 - larch 13 1973 14r . Fabbroni reported that a letter hall been receive) from Iacovelli Brothers Contracting Co . , Inc . in further explanation of their charges ( $ 1 , 355 .16 ) for installation of a sewer line across Kendall Avenue . He said he had lookecl into this matter ant.' at this time recommended payment of the billing . The consensus of the DoarO was that the charges do not seem unreasonable in light of the wor?- done , and that they should be paid , based upon the Town ^ngineer ` s recommendation . Plotion by Councilman Del Rosso ; seconded by Councilman Powers , RESOLVED , that charges in the amount of $ 1 , 355 . 16 submitted by Iacovelli Brothers Contracting Co . , Inc . for the installation of a sewer line across Kendal'1 - Avenue be paid ( Del Rosso , Raffensperger , rreeman , Desch , "TcElwee , Valentino . an.3 Powers . voting Aye . : .P .Tays - none ) Mr . Fabbroni reported the issuance of one builfiing permit for a carport for $ 2 , 000 of improvements in Fabruary of 1978 as compared with three one - family homes and one restaurant -bar in February of 1977 for $ 132 , 000 . This has been a slow time for build - ing , he said , because of the season and the weather . 1r . Fabbroni reporteO that the Town ?gas now received a letter fron EPA authorizing rejection of the bids for the five - area sewer extensions . He pointed out that t ?Ze lowest bid received was 50 % over estimate and the Town Board felt the bids received were not reflective of a competitive market . The new bid opening will be on April 5 . P ? annina Board Chairwoman " rrs . Bronfenbrenner ' s report was read by ;:Ir . Henry Aron , Tovm of Ithaca Planning, Board , as follows " The mown of Ithaca Planning Board : Town Board F7inutes 1.41arch 13 , 1979 °° Final action on these proposals was postponed until the March 21 meeting of the+ Planning Board , pending Zoning; Board of Appeals interpretation pf Section 35 of the Zoning Ordinance and. further research Anto the matter by Planning Board members * " The : next meeting of the Planning Board will be on March 21st to discuss the two etas station proposals , the proposed amendment to the Zoning Or(3inance to establish a Business " rl " zone , and other business . " BUILDING ,OFFICIALS , ASSOCIATION SOUTHERN , TIER ?1Z` ; ; Fabbroni requested that the Board consider that t?ie Tocr:mc pay annual ages of $ 10 . 00 for Robert Bonnell for membership as an Active rtember ` _in the Building Officials Association , Southern Fier . Motion by Supervisor Desch ° seconded by Councilman Freeman , RESOLVED , that the Town of Ithaca pay $ 10 . 00 annu.al.1y as a membership fee for Robert Bonnellp Assistant to the Town Engineer , as an Active Member of the Building Officials Associationv Southern Tier ( BOAST ) . ( Del Rosso , Freeman , Raffensperger , Valentino , Desch , Powers and McElwee voting Aye . Nays -- none ) Highway Superintendent 12re Parkin reported receipt of first payment on the road and street signing program ( $ 81000 ) and said the Tovm should receive $ 2 , 500 as a second payment on this program shortly . 3e reported that the stairt 'ay and rail have been installed at the highway facility , but that the hoist is yet to be installed . .?re Parkin reported on flood prevention work , grading , clean- ing ditches , placing barriers between ditches and housing to direct water into the roadways ° cleaning culverts . t1r . Parkin reported that all the radio units have been re - ceived , but there is still some minor wiring to be done . Mr . Parkin reported that in April of " lay the Toitm will be advertisina for bids on the front- end loader . He said he has been looking at machines in the price range of $ 50 , 000 to $ 60 , 000 . Deli° very should be made within a couple of months after award of bid . `". own Att—ornev John Barney reported that the Appellate Division has upheld t1.1e '11olim : s position in the case of Gust Le Freeman , Jr . , et al , 4 , pellants , v . Town of Ithaca coning Board of Appeals of Ithacan Mew °orkv Respondent , and Michael Goodfriend et al . , Intervenors - Respon° dents . He said Mr . Buyoucos will make a complete report at a later date < At the request of 1r . Buyoucos the following statement by him is included it these minutes , as follows ° ? 3 Town Board Minutes - 5 a " larch 13 , 1978 " John Barney will be presenting to the Town Boarcl a copy of the decision of the Appellate Division involving the case of Gust Freeman vs . thg Tc .vm of Ithaca and Tyr . Goodfriendt et al , con° r t of a medical clinic on DuBois Road . cerning the ,.. establishme -We will give you a complete report within the neat four weeks in • order to clear up many misunderstandings about this case . " Our function as attorneys for the Town was to uphold the integrity'' ,.of , the process by which the Board of Appeals ( Town of Ithaca ) ' * 'rendered its decision . Both the Supreme Court justices in Binghamton to ,whom the 'case was first anp_ ealed and the Appellate Division .;in Albany to which the case was further appealed uphelfl in all respects the process by which the Board of Appeals made its - decision . Certain thins should be made clear at this time , how ever , pendingT . our f:anal report , namely , that this is not a commer - cial developmehte The doctors are not developers ° they are .four doctors seeXing to` jestablish a medical clinic in an area where the zohirtg Taia' since its inception in 1954 has stated that a medical Clinic may be established provided that five or six conditions are fulfilled . The Board of Anneals very carefully made numerous find- ings of fact which included positive statements that each of the conditions for the issuance of a special permit were fulfiller! . These findings of fact were unanimously adopted by the Board of Appeals . Thus , to say that this is a commercial development sor.e� how which is not permitted in this area is not to state the facts correctly to the people . " A full report will follow and perhaps some benefit may be gained from the long process of this case in the enactment of a new zoning law , Mr . Barney presented to the Board a copy of the decision of the Supreme Court , Appellate Division , Third Judicial Department , referred to in Inro Buyoucos ° s statement above . Traffic Safety and Control " x . Freeman reported that this Committee is at an impasse antil the traffic counting devices are available . Mr_ . Fabbroni reported that he has looked into the matter Of twZafflc counters and has talked to experts on the subject at the of Transportation and will he making a recommendation �-71 +- h rospt t to the purchase of such devices at a later date . Upon question from Mr . Berkey as to whether the Board in- ten s merely to " identify problems " in traffic safety and control or ta';e action , the Supervisor said the Town will definitely take action ; that the measuring devices being considered are a first stew toward taking proper action . Pars; Cor1mittee Councilworlan Raffensperaer presented the following reporti " The Part; Cor4mittee and the staff are proceeding t�Tith the preparation of a grant request to noR ( ^ureau of Outdoor Recreation ) for acquisition o .r land in Coy Glen for park purposes . Land owner contacts are being madey we are continuing our consultations with 7 � Town Board Minutes - G - march 13 , 1978 BOR representatives , and are completing the assembly of the grant materials for submittal , Spring 1973 . " The immediate fate of the neTTitt Recreation proposal now seems to lie in the hands of the School Board . They are in the tpro - cess , presently , of making some very hard decisions , some of which may affect DeWitt Junior High School . The Town of Ithaca has been informed that the School Board will probably authorize the District ' s submittal of the grant application and they have asked for our assistw ance in assembling some of the necessary materials . T°1e are proceed - ing to do that . "` The East Ithaca Bikewav negotiations seem to be approaching a successful conclusion . We are firming up the legal documents and will present those to the 'down Board as soon as Possible . That development was approved for this summer any! we hone to be al,-Ie to meet that schedule . " The Northview Road West park development is firmly scheduled for completion this summer . " The Park Committee will present a revised - tenativa Park Plan and Priority Schedule to the Town Boar ? in April , " Supervisor Desch noted that the Coy Glen proposal is making progress basel on the approach used by the Town to get results . He requested Town support of the DeTlitt proposal . Councilwoman Raffens - perger said the School District has re - affirmei its support of the proposal . She suggested that the Townspeople make their feelings known to the School Board . Mr . Berkey expressed concern about funding the Town ' s share of the DeTlitt proposal , since he said revenue sharing monies have been committed to the Holton Point deficit . He was assured there are funding options available . Councilwoman Raffensperger said 1Ir . Berkey could be assured that she will ask at the enil of this year that revenue sharing funds be made available for park purposes . She noted that the Town has not committed next year ' s ( 1979 ) revenue sharing funds to Bolton Point . 2-11r . ITarlin NcEwen urged at least a nubli. c informational hearing at an appropriate time since the ^oven ' s park program „ he said ', has changed significantly since its inception . The Board agreed this would be appropriate since the park project is different now in many ways . "' rar%ls t Committee Tha 11ort .Vleast Transit Committee has met four times , 11r . rc:Frnan ra aorted . There is dialogue now between the Village of Lansing ar�C t ':e City of Ithaca and this is encouraging . There are tier e or four suggested routes for buses , all going back to the Cite of I4 .1aca which is the " catalyst " since they have the bus system . " ortheast people want to connect to downtown . A proposal *11 ? be forthcoming for possibly two Causes , one from downtown Ithaca to the Mr ortheast area an;3. one from the ?? ortheast area through Cor - nell University to downtown Tthaca . The buses would run at half hour intervals . fir . Freeman requested that contril-)ute as much in-°Put in this matter as possible . Codes and Ordinances Committee Councilman Powers reported that this Committee will be ready with a report for the April 10 , 1978 meeting . Town Board Minutes - 7 - " Iarch 13 , 19743 !!! ; PUBLIC HEARING - 3 30 Pvkie REZf)'`� T `1G FR r'I R- TO` 81-15 - ? IOr1PF.'MYFR Proof ,>pf posting ' and publication of notice of p,ihlic nearing to consider , ;a , proposeA rezoning of approximately 31 acres of lane from R- 30 " .to . R7w=15 as part of a cluster development proposal Tax Parcel T1oo . 6 - 42 = 1 - 13 . 2 , Manby Road , adjacent to Ithaca College lane (Monkemeyer ) , „was presented by the Town Clerk , who also presented Affidavit 'of Service by mail to neighboring an(I other interested parties . The Supervisor thereupon opened the hearing . Mr . David Ge3resh , Attorney , appeared on behalf of Mr . Monke - meyer to request that the Town Board approve this rezoning and to answer the , s;oonderne that the Board. might have . He noted. there ha.' Y been :seyer' a�l preliminary meetings and emphasized that the Planning Board -has already given unanimous approval to this rezoning and has rec . .1mended it to the Town Board . ( This is the ` Oak Ridge ” project . ) Supervisor Desch explainted that if the rezoning is approved the developer must then present a site plan to the Planning Boar.' for their approval . It is at this time that the developer must in - d3cate all the specifics of the site layout , the drainage , density , aceo`ss , etc . Mr . 'Monkemeyer distributed material to the Boars' - - Acreage Breakdoinj including rights of way , lots , bikeways , open space . Councilet7oman Raffensperger said that the Town Board and the Planning Board had had a great deal of input from Mr . ! lonkemeyer on this proposal ° that the Planning Board has recommended its approval unanimously , anal that this Board ought to proceed with its approval . Motion by Councilwoman Raffensperger ; seconded by Councilman McElwee RESOLVED , that this Toism Board hereby approves the rezoning of approximate `y 31 acres of lane' from R� 30 to R- 15 as Part of a cluster development proposal , Tax Parcel ?:1o . 6 - 421 ° 13 . 2 , Danby Road. , adja- cent to Ithaca College land ( Monkemeyer ) . ( Raffensperger , McElwee , Powers , Desch , Valentino and Del Rosso voting Ave , Freeman - Nay . ) C KIST-MDI'yFR CIRCLE The Supervisor requested that the Town Board authorize re -lbi iding paining the Christopher Circle Tank . re said he would like to see the ;project bid between April 3 and 10 ,v bid opening 1e bi award , tgay 3 . contract signing , i4ay 15 commencement of . �winL" ing July l ;, and completion of thn project by August 31 , 19730 " he a::-�ount budgeted ifor tads project is $ 20 , 500 . I�-Lwltir.-%n by Councilman 1-tcPlwee ° seconded by Councilman Freeman , RESOLVED , that this Town Board hereby authorizes the painting of the Christopher Circle Tank and recommends that an advertisement for" bias be published at the earliest appropriate time . WcMwee , Freeman ... Del Rosso Powers , Raffensperger , Desch and Valentino voting Ave * :lays - none ) Councilman D1cElwee recommended that the Town have all its tanks painted on a rec_ ular schedule at appropriate times . Mr . Fab- broni said this could be arranged , although all tanks would not be re - painted on the same cycle . The Supervisor said inspection should be made on a certain cycle to determine the work to be done and the work budgeted in accordance with a program . Town Board. Minutes m, ; 'arct, 11 , 107 " Per . Berke inrTUYre� why , 0 , 500 is T n,9.gete< .. r�, jvien the original project was for 5� 12 , 7 27 . It was noted. that originally tha paint was already available r noTvi it is included in the bul '. crete-�. rmo, a "Int The paint is included in the proposal no,,.,, so that sl, oull anY nro'AeYt arise T�ith respect to the ;faint , the contractor T. . o�TIc' < v responsif�-tl n0 The ` paint- ; now on hand. will be ;user. at t?Z� ToT,.Tn '�. iclhTTav fa ^ ility or at the Bolton Point plant . 111r . Berkey said. ; oven inclu.' in(-T the paint. there : is a 5J o increase . Supervisor r� esc;h sais'. t 'Aere is a certain contingency in the budget since b1l.. s ger±erally are cor inn I n high. I. ro, Barney ( '3uyoucos & Barnev ) note '. it tT s cr�? ite nossi'>> 1r' the the . oricjinal`�� id Pof trirginia erection ^or�oa�zy was TAM?zsztalls� IoT:T . That cor:pany is ' noT,17 :involved. in a bankruptcy 7)rocee " ing . " are Berkev e:cpressed concern over the str:actura. l integrity of the tank since it appears the tank needed to painter". as lone! ago as June of 1972 . Supervisor Desch assureol hir%. of the structural integrity of the tank . Re noted there Tt-yere nrohlerns in 1971 T'yitw% thA City of Ithaca and its concern over pressure and ar.equate T,,7at!3r supply if the tank were d.raTm d.o,,Tn for painting . The Supervisor said the tank is not significantly T1TorsA structur_ 311vy than it T ,ras in 1972 that there is no risk of the neecl for a n3mil tanl= after it is painted . P'UMIC k'rARI7r, m O ° 4- 5 P . 11091'7r ,T-yrR 'A.117 ('n LDT'TY P7ZOPOS&L Proof of ;Hosting and publication o *` notice of public 'searing to consiO.er a request of Herbert ann. Lenora T-lon%emeyer ( 'van 7.7 . Monkemeyer as Agent ) to rezone approxin.ately 1 . 05 acres of land from Business District " C " ,C Residential District P.° - 9 an�.l Resi6ertial Dis � trict 11t- 35 to ' lultiple l esi,lence District , was presented by the ToTAm C' lerko together with an Affidavit of Service mhy TIail to neiRa�??orincj and interested parties . '-'' he Supi.arvisor thereupon opened the hearing The Board expresses' concern over Mr . ,' konkemeyer having pro ceeded to eXpand. the ` .Art Colony " without getting a huilllinn permit . Tie ,Ias taken to task on this hatter by Councilman Powers and Council ° nan Powers was supported in this stand by Councilmen Del Rosso and ^ .Leeman . ^ ouncilwoman Raffensperger said she had concern on the sure score , but that the it7ork done by 71, . MonkesMaver unarad. &9 the area rather than doT::rngrad ing it . Supervisor Desch note) also that n2aiu'.ahorhooc? reaction ?gas been favorable . It appeared. from state ° �ex� ts frog: r . �'=ers?.z any Tyr . Tionkemeyer that the e-mansion ToTas O. one on the a:' ^ e o `1 'van F:'onkemeyer ° s father ( an attorney ) that the aor 'a Tlour' not be illegal . " lr . rersh notes? that although. T ?r . 1%lonke z:�ey r ( Sen o ;x: ) was an attorney his expertise was not specific; to m snic aT.a _ t1lat roan ' ;onkemeyer ,eras continuing and expanding the Al'. '� vo A_ r� " as a project his ° other ( noT .T deceased ) laar? initiatal . "= he Supervisor as', ev". for corwient from the pudic . -:.As . Staz agreed. T.aitll the hoar ! that ""7r . Monkemeyer was i-'Yell aTi. Aa�-e of the ra:�ulations when he proceeded with the illegal expansions .lid sax- , taoT-Tever , that the nroject is a ` handsome settlement " -teat has 1rnroved the site ° that it dour nro?: a'�) ly be just as well to mkake the project legal . ' oT,?3ver she reco uaenled strongly that t1he boar- shoT.ag:' tale all possible steps to prevent a situation li':^ this fror^ (". evelopinc; in the future . Supervisor Desch sairl the de ° veloi .°►esnt could be a proved T-Jith a condition that T,-:7ouIrl limit its 4.expansion . Councilwoman Raffensperger T.,yas concerned , as ts . Stan , over how a situation alike this night be prevented in the future . Supervisor. Desc7-1. felt tl .e Board coulee. base its juric'rrlent on v7het ',1 :r the development is co: uati;An with the neigh'^orhoor . Councilmen Freeman and Del Rosso felt this Tgas not the point . CouncilT.-Tor'an Raffensoerger sail she il.vould. be iAlling to consif7er cond * tional 7 � Town Board Minutes - 9 - March 13 , 1978 approval only if the Board makes it very clear that this will not be the " typical " way of changing the Zoning Ordinance of the Town of Ithaca . She felt that the upgrading of the site and the extenuating circumstances would make an approval appropriate . Councilman Del Rosso felt approval would create a precedent and future problems . Mr . Fabbroni said in this case , as contrasted with some others , the developer has sufficient acreage to accommodate the requirements of the Zoning Ordinance . He suggested further that this case raises a whole question that the Board should consider : Should the Town Board re - think the whole attitude toward rehabilitating or removing barns ? 0 Mr . John C . Barney ( Buyoucos & Barney ) said there are three options from a legal standpoint : ( 1 ) Go to the State Supreme Court and seek an injunction of some nature where the Court makes a direc - tion , - ( 2 ) under Sec . 268 of Town Law , file an information in Criminal Court alleging a violation which carries a penalty of $ 50 . 00 for each week in violation ; and ( 3 ) a combination of Sec . 268 and a re - zoning , effecting a consent arrangement , with appropriate fine . Then the Town might favorably consider the rezoning , so that there is a penalty for having proceeded without a building permit . Mrs . Livesay suggested that the Town Board should determine whether they would have approved this project had there been no violation . She believed , however , some penalty should be assessed , since even honest mistakes carry a penalty in many of our daily affairs . Mr . Gersh pointed out that Evan Monkemeyer , depending on the advice of his father , and the fact that no structural changes were made , assumed no building permit was necessary ; that it was still an " Art Colony " where artists live and work . Mr . Gersh referred again to the fact that the Planning Board , in full possession of all the facts unanimously approved the proposed rezoning and recommended its approval to the Town Board . No other persons wishing to be heard , Supervisor Desch closed the hearing . Motion by Councilman Del Rosso ; seconded by Councilman Powers , RESOLVED , that the request of Evan Monkemeyer , as Agent for Herbert and Lenora Monkemeyer , to rezone approximately 1905 acres of land from Business District " C " , Residential District R- 9 and Residential district R- 30 to Multiple Residence District ( Art Colony ) be tabled for further discussion with the Town Attorney to determine the impli - cations of a decision in this matter with respect to possible future similar situations in the Town of Ithaca . ( Del Rosso , Powers , Raffensperger , Valentino , Freeman , Desch , and McElwee voting Aye . Nays - none ) REPORT OF COUNTY REPRESENTATIVES Mrs . Livesay referred to formation of Agricultural Districts in Tompkins County , portions of which districts are in the Town of Ithaca . She asked if the Town had information on this . Supervisor Desch said the Town Board will look into it . Mrs . Livesay reported that the County Board of Representatives voted this morning ( March 13 ) to use Anti - Recession funds to clean up the flooding at the High School ( approximately $ 15 , 000 ) . This brought up the whole subject of the Fall Creek flooding and flooding of creeks in general ; that some sort of flood control or watershed management should be investigated , including all legal ramifications . She said this matter was referred to the County Planning Board . _7 sz - 10 Mrs . Livesay referred to the Tompkins County new assessments ( 100 % value ) . Supervisor Desch said a meeting with Tom Payne is be - ing arranged on this matter (April 3 ) . There may also be a Town in- formational meeting on the subject . Mrs . Livesay reported that the request for one additional Deputy Sheriff has not4yet been acted upon . It will be referred to the Personnel Committee next week . ANTI-RECESSION,- FUNDS Supervisor Desch reported that it is now necessary to allo- cate $ 7 , 000 of ' Anti-Recession funds in accordance with the Federal regulations . He recommended that $ 1 , 500 should be allocated to the Town Clerk ' s Office for ' equipment and supplies ; $ 1 , 500 to the Town Engineer ' s Office . for equipment and supplies ; the remaining $ 4 , 000 to be 'used to offset salary items ( clerical personnel ) . Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that Anti -Recession funds received by the Town in the amount of $ 70000 be allocated as follows , in accordance with Federal regulations *. , $"' , 500 to the Town Clerk ' s Office for equipment and sup- plies ; $ 1 , 509 to the Town Engineer ' s Office for equipment and supplies ; the remaining $ 4 , 000 to be used to offset salary items ( clerical per - sonnel ) . ( Desch , McElwee , Valentino , Powers , Raffensperger , Del Rosso and Freeman voting Aye . Nays - none ) Councilman 'McElwee suggested the possibility of having a pro- fessional office supply organization make a study of the Town ' s needs for equipment and supplies . Supervisor Desch said that although this might be an optimal way of doing this , the approach is limited by the Present Town Hall layout and the time element . The Anti-Recession money must be allocated and spent six months after receipt . Super- visor Desch noted that the total of $ 3 , 000 for office equipment and Supplies includes about $ 270 for a public address system which would include a portable speaker . OPEN ?BURNING ORDINANCE Supervisor Desch read a letter from Ithaca Fire Chief Weaver_ urgsng the Town to adopt an open burning ordinance . Councilman Del R07v; o did not believe such an ordinance was necessary ; that persons shelald not be unduly restricted in using their judgment with respect to bu ni.na. . He noted that all brush and other fires are not caused by op % n burning ; that many were the result of careless handling of cicarsttesr vandalism , and other causes . He felt that such an ordi - ancc woal�" be a waste of money in attorney fees , a waste of time and resources , and probably unenforceable as well . f 'zv . Livesay favored an open burning ordinance , in agreement with " ire Chief Weaver . She noted also that fire equipment used in t+h � ^^verage of fires caused by open burning would not be available when needed elsewhere . Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Attorney is hereby directed to draft an appropriate open burning ordinance for the Town of Ithaca . (Valentino , Raffensperger , ?powers , and Desch voting Aye . Del Rosso and Freeman voting Nay . McElwee , abstaining ) The motion was thereupon duly adopted . � q Town Board Minutes - 11 - March 13 , 1978 THE LEARNING TIEB Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that the Agreement with the Learning Web for 1978 is here - by approved and the Supervisor is authorized to execute same on bep half of the Town of Ithaca . ( Del Rosso , Freeman , Desch , Valentino , Powers , Raffensperger , and McElwee voting Aye . Nays - none ) RENEWAL OF BOND ANTICIPATION NOTES Motion by Supervisor Desch .* seconded by Councilman McElwee , RESOLVED , that bond anticipation note renewals heretofore executed by the Town of Ithaca , in the amounts of $ 227 , 890 ( Second South Hill Water Note # 1 ) ; $ 177 , 110 ( Second South Hill Water Note # 2 ) .* and $ 23400 ( Coddington Road Water Extension ) , pursuant to provisions of resolution authorizing the construction of a water distribution system in the said areas in the Town of Ithaca , New York , shall be renewed at 5 . 5 % interest , per annum , and the Supervisor is hereby authorized to execute such renewal and such other instruments and take such other steps as may be legally required to effect such re - newals . ( Del Rosso , Freeman , Desch , Powers , Raffensperger , Valentino , and McElwee voting Aye . Nays - none ) INTERGOVERNPgMNTAL PERSOINDTEL ACT ( IPA ) Supervisor Desch reported that there are now available Federal grants - in - aid to eligible governmental agencies and organizations for programs directed toward * ( 1 ) strengthening personnel systems and administrations ( 2 ) training for elected officials and public employees .* ( 3 ) improving government productivity and manpower utili - zation ; and ( 4 ) strengthening the capacity of governments to meet current reeds . Such programs are funded under the Intergovernmental Personnel Act ( IPA ) . The Supervisor recommended that he prepare a grant application on behalf of the Town of Ithaca and the other muni - cipalities involved in the Bolton Point water system . The Board agreed that he should proceed with the application . S%T TOTf.-T ��T� S LJETTER Isis . Staz reported receipt of the first Town Newsletter and c .M, en :ed the Town Board for preparing it . She recommended its con - : inuaj-; ion art honed reactions would be received from others . Mr . . rkc :' aAl commended the Newsletter . BE HEART) "Is . Staz stated it is critical for the Town to develop a mat- hog' 'Co prevent actions such as PZr . Monkemeyer ° s in the future . She reco:mended an educational program for the Townspeople so they Will understand and recognize zoning violations ; so they will become acquainted with the Zoning Officer and urge him to follow up with enforcement of the Zoning Ordinance . Supervisor Desch commented that zoning enforcement in the Town has improved in the past two years , but agreed there is more to do . There is now an active inspection Program and many items are picked up n before they become outright vio - lations . Mr . Fabbroni noted that one of the best ways to pick up violations is to get neighborhood reports from citizens who are on the spot . �d Town Board Minutes - 12 -- March 13 , 1978 Mr . Berkey commended the Highway Department for its work on snow removal . He said he appreciated the fact that six Town meetings are scheduled for 7 : 30 p . m . but that he is still concerned over the six meetings which are scheduled for 5 : 15 p . m . He does not feel this is an appropriate time for Town meetings ; it is not convenient for the public . He said it is a particularly bad time for the annual budget meeting . He said he hoped there would be a public hearing before tax bills are received , in view of the new assessments . Super - visor Desch said this is primarily a County responsibility . Mrs . Livesay recommended that when areas are rezoned and for some reason the development does not materialize , the areas should be zoned back to their original status before further rezon - ing is considered . Supervisor Desch said that Councilman Powers and his Codes and Ordinances Committee will look into this matter . WATER LINE TO EASTERN ARTIFICIAL INSEMINATION CO-OP , INC . - JUDD FALLS ROAD In view of water pressure problems experienced by Eastern Artificial Insemination Co - op , Inc . and problems with respect to the net income based on interchanges with the City of Ithaca , Supervisor Desch recommended extending the existing 10 " line via an 8 " water line to connect with the 4 " water line at Maple Avenue ; and that the work be performed by force account labor . This extension will result in service not only to the EAI Co - op , but also the Cornell Fish Hatchery and the Maple Avenue Housing Project . Motion by Supervisor Desch , seconded by Councilman Freeman , RESOLVED , that the existing 10 " water line to the Eastern Artificial Insemination Co - op , Inc . be extended via an 8 " water line to meet the 4 " water line at Maple Avenue ; such extension to provide water service from the Bolton Point water system to the Eastern Artificial Insemina - tion Co - op , Inc . , the Cornell Fish Hatchery , and the Maple Avenue Housing Project , and , further , that the work be performed with force account labor . ( Del Rosso , Freeman , Raffensperger , Valentino Desch , McElwee , and Powers voting Aye . Nays - none ) FIVE -AREA SEWER PROJECT This project will be re - bid and the bid opening will take place on April 5 , 1978 . Arrangements are being made for an on - site tour for the prospective bidders on March 25 , 1978 . FALL CREEK DAM EXTENSION ( CORNELL WATER INTAKE ) Supervisor Desch reported that Cornell University wishes to raise the Fall Creek Diversion Dam from three feet high to five feet high . This raises the question of environmental impact and the pos - sibility of a public hearing to consider the proposal . Councilman Powers felt it was the responsibility of Cornell University to make the investigation with respect to environmental impact . Councilwoman Raffensperger recommended that Cornell University fill out the en - vironmental impact assessment form on the project , and at that time it can be determined whether a public hearing is necessary . Motion by Councilwoman Raffensperger ; seconded by Councilman Freeman , RESOLVED , that the Town Engineer will request Cornell University , in writing , to complete an environmental impact assessment application with regard to the proposal by Cornell University to raise the height of the Fall Creek Water Intake Diversion Dam from three feet to five feet . ( Del Rosso , Freeman , McElwee , Valentino , Raffensperger , Powers and Desch voting Aye . Nays - none ) 8' l Town Board Minutes - 13 - March 13 , 1978 BOLTON POINT WARRANTS Motion by Councilman Del Rosso ; seconded by Councilman Freeman , RESOLVED , that the' Bolton, .- Point warrants dated PRarch 13 , 1978 in the amount of $ 11 , 515 . 65 ji the Construction Account and $ 266 , 329 . 50 in the Operating Account , after review by this Board , and upon the recom- mendation of the Souttern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , are hereby approved . (McElwee , Valentino , Raffensperger , Powers , Desch , Del Rosso and Freeman voting Aye . Nays - none ) TOWN OF ITHACA WARRANTS Motion by Councilman McElweera seconded by Councilman Powers , RESOLVED , that the Town of Ithaca warrants dated March 13 , 1973 in the following amounts are hereby approved . General Fund . . . . . . $ 128 , 386 . 74 Highway Fund . . 19 , 492 . 25 Water and Sewer Fund . . . . . 214 , 532 . 64 (Valentino , McElwee , Raffensperger , Powers , Desch , Del Rosso and Freeman voting Aye . gays - none ) SAPSUCKER WOODS TANK Mr . Fabbroni reported that the valve in place at the Sapsucker Woods tank closes too fast after the pumps go off . This causes a bouncing effect in the system so that a few homes are subject to pressures which fluctuate between 10 lbs . up to 70 lbs . as against a normal pressure of 40 lbs . In the next week or two Mr . Fabbroni s-71 ll present a recommendation to the Town Board on this problem . REFUr3D OF WATER BENEFIT LEVY The Town Clerk reported that Oscar Swenson , 1016 East Shore Drive , was , in error , charged for two units rather than one unit of °., ater benefit levy on his Parcel 19 . 2 - 20 ; that $ 48 . 00 should be re - fun0ed to him . .'lotion by Supervisor Desch , seconded by Councilman McElwee , :RE c '31A 47) K t c. ':'v a refund of $ 48 .. 00 should be made to Oscar Swenson , ? � � ''s. :; 'tY T , ; t S !mac `e Drive on Parcel 19 - 2 - 20 , representing a refund for . _ .. t of w a—ter benefit levy assessed against him in error on the II ( he having been assessed two units rather ti-mn ono ) Freeman , Desch , Raffensperger , Valentino , Powers and voting Aye . Nays - none ) ADJOURNMEINIT The meeting was duly adjourned at 9 . 50 p . m . Edward L . Bergen Town Clerk