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 .
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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 )
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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