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HomeMy WebLinkAboutTB Minutes 1978-03-27 TOWN OF ITHACA ADJOURNED BOARD MEETING March 27 , 1978 - 5 : 15 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 27th day of March , 1978 at 5 : 15 p . m . , there were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman Shirley Raffensperger , Councilwoman ALSO PRESENT . John C . Barney ( Buyoucos & Barney ) Liese Bronfenbrenner , Planning Board Chairwoman Lawrence P . Fabbroni , : Town Engineer/Building Inspector Jim Ray , County Board of Representatives Gary Evans , Senior Planner , Tompkins County Planning Department Barbara Z . Restaino , Planner , Town of Ithaca Montgomery May , 1360 Slaterville Road Roger McOmber , 1128 Trumansburg Road Mrs . David Owen , 1326 Slaterville Road Stephen J . Pete , 860 Elm Street Extension Charles Pomada , R . D . # 2 , Locke , N . Y . Representatives of the Media : Dan Cummings , WTKO Kathy Kaplan , WHCU ABSENT : Gust L . Freeman , Jr . , Councilman DeWITT RECREATION SITE Councilwoman Raffensperger reported that the Ithaca City School District is considering preparing a Spring 1978 grant appli - cation , in cooperation with the Town of Ithaca , to the Bureau of Outdoor Recreation with respect to the DeWitt Recreation Site . She reported there is a possibility that the School District might later " back off " from the project , depending on the outcome of its plans for reorganization . Councilwoman Raffensperger indicated her concern over the Town of Ithaca - being a party to a grant application for a project that the Ithaca School District is not wholly committed to . She felt such an application could be detrimental to the Town in its current grant applications and in applications the Town might make in the future . She felt an indication , in advance , that the School District might " back off " from the application would antagonize the grantor . Councilwoman Raffensperger , therefore , asked the Board for authorization to write to Mrs . Margaret Harding , President of the Ithaca City School District , requesting the School District to postpone any application for a grant , with the Town of Ithaca as a co- sponsor , for the DeWitt Recreation Site , until the School District ' s commitment to that project is firm . The sense of the Board was that Councilwoman Raffensperger should proceed to write such a letter to Mrs . Harding . 3 Town Board Minutes - 2 - March 27 , 1978 APPOINTMENT , TO EXECUTIVE COMMITTEE OF THE HUMAN SERVICES COALITION Supervisor Desch reported there is a request for a repre - sentative from the Town of Ithaca on the Executive Committee of the Human Services Coalition . The Executive Committee is made up of representatives from the contributing agencies , the total group comprising some 75 persons . It appeared that Councilwoman Valentino is the logical person to represent the Town of Ithaca on this Com- mittee , and she expressed her willingness to serve . Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that Councilwoman Catherine Valentino be , and she hereby is , appointed as the Town of Ithaca representative on the Executive Committee of the Human Services Coalition . ( Raffensperger , Desch , Powers , McElwee , Del Rosso , and Valentino voting Aye . Nays - none ) PUBLIC HEARING - ACCESSORY BUILDING FOR BELL ' S CONVENIENCE STORE - ELMIRA ROAD Supervisor Desch noted that the Town Engineer has recom- mended a public hearing to consider the construction of an accessory building to Bell ' s Convenience Foods on the Elmira Road . Motion by Councilman McElwee , seconded by Councilman Powers , RESOLVED , that this Town Board shall hold a public hearing on April 10 , 1978 at 7 : 30 p . m . at the Coddington Road Community Center to consider the addition of an accessory building to Bell ' s Conveni - ence Foods at 620 Elmira Road , Tax Parcel No . 6 - 33 - 3 . 24 . ( Desch , Powers , McElwee , Del Rosso , Raffensperger , and Valentino voting Aye . Nays - none ) PUBLIC HEARING - SELF - SERVICE GASOLINE Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Town Board shall conduct a public hearing on April 10 , 1978 at 8 : 30 p . m . at the Coddington Road Community Center to consider site plan approvals for self - service gas island and con - venience grocery store at the northeast corner of Judd Falls Road and Ellis Hollow Road , Town of Ithaca Tax Parcel 6 - 62 - 2 - 1 . 13 . ( Desch , McElwee , Powers , Raffensperger , Del Rosso , and Valentino voting Aye . Nays - none ) TOWN HIGHWAY FACILITY ROOF PROBLEMS Mr . Fabbroni reported that he had visited with Councilman McElwee and they have concurred on replacing the skylights in the Town highway facility with metal panels and insulation . Mr . Fab- broni asked for authorization to direct the contractor to make the recommended replacement at a cost of $ 800900 , rather than repair the existing installation . Councilman McElwee agreed , but recommended that the Town should receive a guarantee with respect to the integrity of the roof and of the insulation for the duration of the guarantee period originally furnished with the installation . Town Board Minutes - 3 - March 27 , 1978 Motion by Councilman McElwee ; seconded by Councilman Del Rosso , RESOLVED , that this Board hereby authorizes a change order in the amount of $ 800 . 00 for the elimination of the skylights in the Town highway facility and their replacement with metal panels and insula - tion , on the condition that the Town shall receive a guarantee of the integrity of the roof and of the insulation for the duration of the guarantee period originally furnished with the installation . (McElwee , Del Rosso , Desch , Raffensperger , Valentino , and Powers voting Aye . Nays - none ) Councilman McElwee recommended that the Town Engineer look into improving the ventilation at the Town highway facility . AGRICULTURAL DISTRICTS Supervisor Desch announced that an Application has been filed in the County Clerk ' s office for the formation of Agricul - tural Districts in Tompkins County . He introduced Mr . Jim Ray , Chairman of a Committee of the Board of Representatives who are working on this proposal , and Gary Evans , Senior Planner , Tompkins County Planning Department , who appear at this meeting to give the Town Board background on this matter and its present status . Mr . Ray read a summary of the provisions of the Agricul - tural District Law and received questions on these provisions as he went along . Mr . Ray stated that a farmer who has gross income of $ 10 , 000 annually from agricultural operations may apply for an exemption of his property from a higher value than the Board of Equalization and Assessment at the State level sets for a certain class of land . The discussion developed certain concerns of the Town . ( 1 ) the effect on the Town ' s right to condemn ; ( 2 ) impact on the Town ' s long established land use zones ; ( 3 ) economic impact on the Town in inhibiting well - planned growth ; ( 4 ) unfavorable effect on the Town ' s ability to provide adequate health and safety for its citizens , ( 5 ) effect on the Town ' s water and sewer benefit assess - ments ; and ( 6 ) opportunity for abuse by land speculators . Mr . Ray illustrated the boundaries on map ( with blue and red lines ) Within the red boundaries ( cross - hatched areas ) indicate where people have requested exemption . Mr . Evans outlined the pro - cedures which must be followed before the boundaries are definitely established . Supervisor Desch thanked Mr . Ray and Mr . Evans for their presentation . He indicated that the Board supports the intent of the formation of an Agricultural District in order to encourage the continuation of viable farming operations , but that the Board has certain reservations as indicated . He said the Board will con - sult together on this matter and establish a Town of Ithaca position in this matter as early as possible . ACCOUNT CLERK/ STENOGRAPHER Supervisor Desch introduced the matter of hiring an Account Clerk/ Stenographer . He said this becomes a necessity at this time in view of the new mandated double - entry bookkeeping system , the condition of the Town ' s files , and the need to institute . a purchase order system . There appeared to be general concurrence on the Board that an Account Clerk/ Stenographer is definitely needed at this time . Town Board Minutes - 4 - March 27 , 1978 Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Town Board hereby authorizes the employment of an Account Clerk/ Stenographer at a starting salary of $ 6 , 800 . 00 , this position to be advertised for at the earliest possible moment . ( Del Rosso , Raffensperger , Desch , Powers , Valentino , and McElwee voting Aye . ' Nays - none ) T014N COMPTROLLER Councilman McElwee expressed concern that a recent communi - cation from the Town Supervisor appeared to indicate that the Town would not hire a comptroller ( a budgeted item ) . Supervisor Desch said that at thisypoint in time he had the time , personally , to handle this respon;s .i. bility , plus staff support to do so . He said , however , that next, year at budget time this particular line item should be reconsidered by the Board . He felt a comptroller was not needed at this time . Councilman McElwee contended that someone was needed to insure overall continuity in the Town office . Super - visor Desch agreed it had to be himself or someone else ( perhaps the comptroller of a Town manager ) . Councilman McElwee said this was a necessity now . Councilwoman Valentino said she shared Councilman McElwee ' s concern to a certain extent , but felt the primary need at this time was for the Account Clerk/ Stenographer who would assist with the accounting and get the files in good order . Councilman Del Rosso agreed that the Town should first get its " house in order " and discuss the matter of a controller at budget time . Councilman Powers recommended that a job description should be prepared for the Account Clerk/ Stenographer which would encompass the duties required to implement the solution to the . Town office problems - - filing , assistance with bookkeeping and accounting duties , and the establishment of a purchase order system . OWEN SUBDIVISION Supervisor Desch reported that the Planning Board has reviewed and given preliminary site plan approval to a six - lot subdivision ( property of Mr . and Mrs . David Owem , 1326 Slaterville Road ) . This is a triangular area west of Eastwood Commons ( portion of Coggshall property ) which fronts on Slaterville Road ; it is east of Eastwood Avenue and east of the City of Ithaca line . The question before the Board at this time is the extension of water and sewer ser - vice to this area . Based on the location of the property , the most sensible extension of water at this time is from the City system at the end of Eastwood Avenue . Supervisor Desch said he would write a letter to the City of Ithaca recommending that this subdivision be served by the City system . EXECUTIVE SESSION Motion by Councilwoman Raffensperger ; seconded by Supervisor Desch , RESOLVED , that this Board will retire into executive session . ( Raffensperger , Desch , Powers , McElwee , Valentino , and Del Rosso voting Aye . Nays - none ) s Town Board Minutes - 5 - March 27 , 1978 EXECUTIVE SESSION • Rumsey- Ithaca Gravel Operation Attorney John Barney ( Buyoucos & Barney ) brought the Board up to date on the status of the Rumsey- Ithaca gravel operation . It was agreed Mr . Fabbroni , Town Engineer , would write a letter to the Department of Environmental Conservation as to the impact this opera - tion might be having .on the environment . Agricultural Districts Since April 16 , 1978 is the deadline for action with regard to Agricultural District boundaries , it was agreed that the Town Board will need to develop a policy very soon . It was agreed the engineering and planning staff would work with the Plan- ning Board on this . Sewer Project Addenda Item Attorney John Barney proposed that a provision be added to the conditions of the sewer project that the Town will have the right to terminate the contract if EPA funding does not materialize or is not funded in the anticipated amount . The cnnsPnsus of the Board was that this miqht be counter -productive in receiving favor - able bids . It was noted that there is already a provision for ter - mination " for any reason " . - - - Muka Suit Attorney John Barney referred to the Betty Muka suit in which the Town of Ithaca and Justice Warren A . Blye and former Town Justice Fred Hartsock are named as defendants . He asked for the Board ' s authorization to put in an answer in this matter which is due on 20 days . The Board duly closed the executive session . and re - opened the meeting for the conduct of business . BETTY MUKA SUIT Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes and directs the Town Attorneys ( Buyoucos & Barney ) , at Town expense , to defend on behalf of Warren A . Blye , Town Justice , and Fred Hartsock , former Town Justice , the lawsuit presently brought against them and others by Betty Muka . ( Raffensperger , Del Rosso , Powers , Desch , McElwee , and Valentino voting Aye . Nays - none ) PUBLICATION OF JUSTICES ' FINES Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , that Town of Ithaca Justices will henceforth furnish the Town Clerk with a list of fines imposed each month by them , and that the Town Clerk will arrange to have said list published monthly in the Ithaca Journal . ( Del Rosso , McElwee , Powers , Raffensperger , Desch , and Valentino voting Aye . Nays - none ) Town Board Minutes - 6 - March 27 , 1978 SALARY ADJUSTMENT Motion by Councilman McElwee ; seconded by Supervisor Desch , RESOLVED , that , effective April 15 , 1978 , the salary of Deputy Clerk Gertrude H . Bergen will be increased from an annual salary of $ 7 , 155 . 00 to $ 8 , 155 . 00 . ( McElwee , Desch , Del Rosso , Raffensperger , Valentino , and Powers voting Aye . Nays - none ) ADJOURNMENT The meeting was duly adjourned at 7 : 15 p . m . Edward L . Bergen Town Clerk