HomeMy WebLinkAboutTB Minutes 1978-12-11 TOWN OF ITHACA
REGULAR BOARD MEETING
December 11 , 1978 - 5 : 15 p . m .
At a Regular 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 December 11 , 1978 at 5 : 15 p . m . , there were
PRESENT : Noel Desch., Supervisor
Andrew W . McElwee , Councilman
Robert N . Powers , Councilman
Catherine VaLent. ino ., Councilwoman
Shirley Raffensperger , Councilwoman
Gust L . Freeman , Councilman
ALSO PRESENT : James V . Buyoucos , Town Attorney
Lawrence P . Fabbroni , Town Engineer
Robert Bonnell , Assistant to Town Engineer
Nancy Fuller , Deputy Town Clerk
Robert Parkin , Highway Superintendent
Beverly Livesay , County Representative
Hugh S . MacNeil , County Representative
Willis Hilker , Developer
Joseph Gentili , County Planning Department
Rosario J . Guglielmino , Attorney , Rochester , N . Y .
Pearl S . Miller Estate
David A . Tyler , Attorney for Contract Purchasers
Robert Hines , Attorney
Arthur L . Berkey , 128 Christopher Circle
Beverly Coe , 381 Stone Quarry Road
Paul J . Kelsey , 379 Stone Quarry Road
Kit Lambert , 136 Judd Falls Road
Clarence Newbury , 237 Forest Home Drive
Charles and Nancy Trautmann , 235 Forest Home Dr .
Thomas R . Wolski , 233 Forest Home Dr .
Representatives of the Media :
Philip , Lerman , Ithaca Journal
Jay Schneider , WHCU
Peter Schacknow , WTKO
ABSENT : Victor Del Rosso , Councilman
PLEDGE OF ALLEGIANCE
The assemblage participated in the Pledge of Allegiance .
Supervisor Desch introduced Hugh S . MacNeil , now Assemblyman
MacNeil .
MacNeil . " Everybody has the idea that I am going to Albany
to stay . That is not my intention . Sessions are only a few days a
week . My life is involved with this community . I will be communi -
cating with you regularly . Our working relationship may grow stronger .
I am not a stranger to you or you to me . I have already taken steps
to pre - file a bill for tax exemption for this building ( the Town Hall ) .
I hope it will have Senator Smith ' s backing . I hope I can come to
your Board meetings when you have problems with the State . It will
now be important for me to work with your Board and your consti -
tuents as the need arises . I hope we can continue to know each other
and work together on your problems . I will be initiating things and
you will be initiating things . "
Desch . " You are certainly welcome to be with us any time
you can be . I am sure there will be communications during the year .
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Town Board Minutes - 2 - December 11 , 1978
We will need a lot of help . For example , the Stone Quarry Road
water situation . At some point in the project when we have cost
figures and when we look toward getting the approval of Audit and
Control , which traditionally has taken four or five months , we will
in all probability ask you to " bird dog " that for us , if you will . "
Mr . MacNeil agreed and said there were a variety of problems
that he would be able to help the Town with .
APPROVAL OF MINUTES
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that the Minutes of April 5 , April 10 , April 21 , April 24 ,
May 2 , May 8 , June 12 , June 19 , July 10 , August 7 , September 11 , 1978
are hereby approved .
( Raffensperger , Freeman , Powers , McElwee , Valentino , and Freeman
voting Aye . Nays - none )
CORRESPONDENCE
Supervisor Desch read letter dated November 21 , 1978 from
James W . Carey , 610 Coddington Road , . to Larry Fabbroni , Town Engineer ,
complimenting him on the excellent job done with respect to the repair
of their driveway . Mr . Carey said , " The contractor did an excellent
job and we are much indebted to you for seeing that it was repaired
properly . Also , we ' ve been much impressed with the re - landscaping
that has been done on the yard , specifically , the lawn area . "
The Supervisor read Liese Bronfenbrenner ' s letter of resig -
nation as Planning Board Chairwoman . She will continue , however ,
as a member of the Planning Board . The Supervisor regretted her
resignation as Chairwoman , but was happy to know she would continue
as a member of the Planning Board .
SALES TAX RESOLUTION
Supervisor Desch said that in the past several years the
Town has adopted a resolution with regard to the use of its sales
tax money . He said that the sales tax revenues from the Town have
increased to the extent that the Town ' s County tax rate for 1979
will be 17 cents per thousand compared to $ 4 . 289 per thousand
( which is what it would be if the Town had not left the sales tax
money in the County operation ) . Therefore , it is appropriate for
the Town to continue the policy of leaving the saes tax monies
with the County . There is certainly no need at this time for $ 634 , 000
of revenue for the Town operation . He said the efficiency of leaving
the money in one place without passing it back and forth preserves the
value of the dollar .
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that this Town Board hereby authorizes the County Admini -
strator of the County of Tompkins to utilize the Town of Ithaca ' s
share of sales tax for 1979 to reduce the Town of Ithaca ' s County
tax rate outside the Village of Cayuga Heights ; FURTHER RESOLVED ,
that a certified copy of this resolution shall be forwarded to the
County Administrator .
( McElwee , Valentino , Raffensperger , Freeman , and Desch voting
Aye . Nays - none . Powers abstained from the vote since he was not
present at the discussion or the motion . )
Supervisor Desch noted that the Town is credited with interest
on the money so left with the County , and , therefore , gets the full
benefit .
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Town Board Minutes - 3 - December 11 , 1978
ACCOUNTING TRANSFERS
Supervisor Desch reported that there is a deficit in two
accounts , primarily because the State Aid check in the amount of
$ 27 , 000 has not yet been received .
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that the following temporary transfers be made , pending
receipt of State Aid check in the amount of $ 27 , 000 .
T0 : FROM :
General Fund Townwide A- 200 General Fund Part Town B - 200
$ 4 , 000 , 00_
T0 : FROM :
Lighting District Funds General Fund Part Town B - 200
SL - 200
$ 200 . 00
( Raffensperger , Valentino , McElwee , Freeman , Powers , and Desch
voting Aye . Nays - none )
FIXED ASSETS
Supervisor Desch reported that the Town is now required
to have a formal management control procedure for the inventorying
of all capital equipment . The legislation requires two official
actions : ( 1 ) identification of what is called " significant value "
of the equipment ; and ( 2 ) designation of a Town official as the
property manager to gather information and maintain appropriate
records . The recommended lower limit of " significant value " is
$ 100 . 00 .
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the significant value of Town of Ithaca fixed assets
is hereby established as $ 100 . 00 for the lower limit and that the
Town Clerk of the Town of Ithaca is hereby designated as the Property
Manager .
( Valentino , McElwee , Freeman , Powers , Raffensperger , and Desch
voting Aye . Nays - none )
In the discussion it was noted that value is determined
by original acquisition cost , not present value .
SIGN PERMIT APPLICATION - FORMER BEAUJOLAIS RESTAURANT
Mr . Fabbroni reported that the Town has received an appli -
cation for a sign which would replace the existing sign on the former
Beaujolais Restaurant . The new sign would say " China Garden . Beau -
jolais was originally granted a variance . The sign is 14 feet back
from the right of way . The Planning Board has approved the new sign .
Motion by Councilman Powers , seconded by Councilman McElwee ,
RESOLVED , that this Board hereby approves sign application from
China Garden ( formerly Beaujolais Restaurant ) to change wording
on the sign from " Beaujolais Restaurant " to " China Garden . "
( Freeman , Raffensperger , Valentino , McElwee , Powers , and Desch
voting Aye . Nays - none )
Town Board Minutes - 4 - December 11 , 1978
PUBLIC HEARING - 5 : 30 p . m .
PEARL MILLER ESTATE MATTER - 235 FOREST HOME DRIVE
Proof of posting and publication of notice of public hear -
ing in the above matter having been presented by the Town Clerk ,
the Supervisor opened the hearing .
Supervisor Desch said this is a public hearing to consider
the future of a possible encroachment on 235 Forest Home Drive .
He said the hearing is unusual in that it is not mandated and no
particular action by the Town Board is required . However , the Board
felt that in the interest of the previous owner and contract pur -
chaser , the Board would hear all comments concerning the extent of
encroachment , the future interest of the Town , and future interest
of the property owners . Supervisor Desch then asked the Town Attor -
ney to address the specifics of the situation .
Buyoucos . " The situation is this : that the Town is not
bringing any proceeding claiming encroachment . The Town highway
is there , the house is there . Primarily , this hearing tonight
originates because the attorney for the estate , who is also the
executor of the estate which owns the property , has entered into
a contract to sell the property . The contract purchasers are
claiming that there may be a defect which affects the marketability
of the title . The engineer showed an encroachment of a small part
of the house , a sort of triangular portion , on the roadway , on his
survey map . The engineer is Thomas Miller and the survey is a recent
one . The question comes to this : In order for the seller to sell
the property , he must be able to convey a marketable title and mar -
ketability will be affected by this encroachment . What is the Town ' s
position ? The Town is glad to look into the situation and help in
any way it can , but it does not admit any particular weakness in
its position nor does the Town claim it has no interest in the
premises at the present time . One way to resolve the issue would
be for the owner to commence a Court proceeding asking for a deter -
mination of the title . The Town , if it wished , would have to defend
whatever rights it might have . At this time the Town might consider
granting a perpetual lease to the owner of the property to permit
the encroachment , allowing the house to remain in its present loca -
tion as long as it stands . . The Town takes the position that it
is reacting to some person ' s need in the community So long
as the present house stands there , the Town would not raise any
objections . The Town Engineer and the Superintendent of Highways
may have comments to make or suggest a proposal . There is the
possibility of an exchange of lands between the owner of the
property and the owner of the property across the street ( Chester
Pond ) . That is a possibility to be explored by the owner of the
property , but not something to be initiated by the Town . I believe
that is enough for the discussion to get started . "
Mr . Ross J . Guglielmino , attorney for and Executor of the
Estate of Pearl S . Miller , made the following statement :
" I am Ross J . Guglielmino , attorney , 925 Crossroads Build-
ing , Rochester , New York . I am also the Executor of the Estate of
Pearl S . Miller .
" The purpose of this hearing is to solve the problem of
an apparent encroachment of a portion of my client ' s house at
No . 235 Forest Home Drive , Ithaca , New York , on the Town ' s asserted
right of way of three rods width ( 49 - 1 / 2 ft . )
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Town Board Minutes - 5 - December 11 , 1978
" Mrs . Miller purchased her home , 235 Forest Home Drive ,
on August 23 , 1960 from Christopher Lindley and resided on the
premises until her death on May 2 , 1978 . Mr . Lindley had pur -
chased it from Winifred N . Black on August 20 , 1958 and Ms . Black
from Ethel Sackett Murphy on August 11 , 1943 . The house has been
located exactly as presently located for more than 75 years with
never a question of its apparent encroachment on the right of way
of Forest Home Drive .
" On August 11 , 1943 , Mr . J . C . Murphy , Civil Engineer ,
made a map of the premises which contained no indication of any
such encroachment . This map was relied upon by all. subsequent
purchasers from Ethel Sackett Murphy and also by the Ithaca Savings
and Loan Association which placed a mortgage on the property given
by Christopher Lindley on August 20 , 1978 .
" After Mrs . Miller ' s death the house was contracted to
be sold to Mr . and Mrs . Charles H . Trautmann and in connection
with the proposed sale I discovered among my client ' s effects a
survey map prepared by Thomas G . Miller , an engineer of Ithaca ,
N . Y . dated June 26 , 1972 which indicated that a portion of Mrs .
Miller ' s house " encroached " upon the right of way of Forest Home
Drive . Several conferences with Mr . Miller produced the response
that it was the Town of Ithaca which asserted that the right of
way of Forest Home Drive was 3 rods wide and , therefore , he had
to show it that way on his map even though the paved portion , as
it has existed for many many years , was substantially narrower
than three rods .
" Discussions by both me and Mr . David A . Tyler , an attorney
of Ithaca , New York , who represents the contract purchasers ,
Trautmann , with the Town Engineer , Larry Fabbroni , elicited the
response that the Town has no definitive records of the width of
the Road nor does the Town have any plans to widen Forest Home
Drive . In fact , Mr . Fabbroni stated that when the one lane bridge
just beyond our property was proposed to be widened into two lanes ,
just a short while ago , the resident ' s opposition was so firm and
vociferous that the bridge was re - built as a one lane bridge . Mr .
Fabbroni was favorably disposed to giving the Estate a quit claim
deed to that portion of the right of way lying between the south
edge of the right of way and the line lying between the two pipes
near the edge of the paved portion of the road .
" When this proposal was discussed with Mr . James V . Buyoucos ,
the Town Attorney , he raised certain legal questions which required
research into the history of the road . With a lead generously sup -
plied by Mr . Buyoucos , I embarked upon a long and laborious search
of facts and law to trace the history of the road .
" Forest Home Drive was a New York State Highway Route 392
until about five years ago when it was ceded to the Town of Ithaca
and became a Town highway .
" In an effort to find its history , I contacted the New
York State Department of Transportation , which stated that it
has nothing on file and referred us to the New York State Legis -
lative Reference Library . Unfortunately , a fire in 1920 in the
State Capitol destroyed the entire collection of the Library .
" From the Appellate Division Library of the Fourth Depart -
ment I obtained copies of the original N . Y . State Legislation
establishing the road . It was created by an Act of the Legislature
entitled " An Act to Incorporate the Cortland and Seneca Turnpike
etc . " passed by the N . Y . Legislature on June 12 , 1812 ( Laws of
1812 Chapter CXLII ) . The Turnpike Company ' was subject to the
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Town Board Minutes - 6 - December 11 , 1978
restrictions , regulations and provisions , and with all the rights
and advantages , powers and privileges contained in the act of the
legislature of this state entitled ' an act relative to turnpike
companies , ' passed the thirteenth day of March , 1807 . '
" The Turnpike Act was Ch . XXXVIII of the Laws of the State
of New York for the year 1807 . At page 106 of the Act is provided :
and it shall be the duty of the said commissioners
to deposit and cause to be filed in the office of
the clerk of every county through which the said
road shall pass , an accurate map of the survey of
the same , in such county , designating the several
particular points near or through which the same
may pass : "
" At page 108 of said statute it is provided that the
appraisers ' inquisition shall be acknowledged by them before
one of the judges mentioned and
" then by them filed , together with the affidavit
aforesaid , in the office of the clerk of the county
in which such land shall be situated , within thirty
days after such view shall be had and inquisition
made by the said appraisers ; and the said clerk
shall , at the expense of the said corporation enter
the same of record in the book kept by him for
recording deeds ; "
" In 1812 , the Town of Ithaca was a part of Seneca County .
A search through the entire index beginning with 1810 of the records
of Seneca County Clerk and the Tompkins County Clerk discloses no
record of any such inquisition nor any map filed pursuant to said
statutes .
" The law is clearly established in this state that the
burden is upon the State or County or Town to prove compliance
with the laws in existence at the time the highway was created .
Compliance requires as a minimum the filing of an accurate map
and the recording of the proceeding . In the absence of such proof ,
the width of the highway is the width in actual use including the
paved portion , drainage ditches , etc .
People v . Sutherland , 252 N . Y . 86
Walker v . Caywood , 31 N . Y . 51
Wemett v . State , 36 Misc . 2d 14 , 232 N . Y . S . 2d 493 ,
aff ' d . without opinion 20 A . D . 2d 625 ( Exhibit 3 )
Cobb v . County of Monroe , 24 Misc . 2d 581 ,
205 N . Y . S . 2d 730 ( Exhibit 4 )
Porter v . State , 5 Misc . 2d 28 , 159 N . Y . S . 2d 549
( Exhibit 5 )
" The paved portion of Forest Home Drive has been substan -
tially as it now exists for an indefinite period of time . Our
house No . 235 Forest Home Drive has been in its present location
for more than 75 years .
" The 1807 Turnpike Corporation statute , p . 110 supra
required that the roads should be laid out " not less than four
rods wide , and twenty - eight feet pavement , except where the
" steepness of side hills or rocks , " would make it impractibable
" in any point or any place thereof , " to finish the road the full
width , it would be lawful " to cause the same to be finished of
such less width as may be practicable , " . . " but in no place to
be contracted of less width than twenty- four feet . "
Town Board Minutes - 7 - December 11 , 1978
" In the absence of accurate maps accurately describing
the property taken , or the degree of interest acquired , the state
is limited to user . If the right of way were four rods , instead
of the three rods the town asserts , the number of houses encroach -
ing the right of way would be substantial . Mr . Buyoucos himself
told me that assuming only a three rod right of way , he knew of
at least three other houses on Forest Home Drive which had an
encroachment problem . Today when I drove along the highway it
appeared to me there are at least houses which would encroach on
the highway if it were 3 rods or 49 - 1 / 2 feet wide .
" Section 189 of the N . Y . Highway Law provides that
" All lands which shall have been used by the
public as a highway for the period of ten years
or more , shall be a highway , with the same force
and effect as if it had been duly laid out and
recorded as a highway , and the town superintendent
shall open all such highways to the width of at
least three rods . As amended L . 1963 , c . 993 ,
eff . Sept . 1 , 19630 "
" The Attorney General has ruled that
" The extent of a public highway , road or street
acquired by prescriptive easement is limited to
the portion actually used or incidental thereto
for highway purposes , and lands in excess thereof
may only be acquired by consent of owners or by
due process of law . 1971 , Op_ . Atty . Gen . ( Inf . )
May 13 . "
" My conclusion is that Forest Home Drive is only as wide
as its paved portion and that there is no encroachment on the part
of our house . However , Mr . Miller , the engineer who drew our map ,
insists that so long as the Town asserts that it owns a 3 rod right
of way , he has no choice but to show it that way , thereby creating
a cloud on our title .
" I believe that the statesmanlike act on your part is to
abandon all claims of the Town of Ithaca to any portion of right
of way beyond the paved portion of Forest Home Drive , including
ditches , etc . This will remove the cloud on our title as well as
on the title of many property owners adjoining the Highway .
" By this act the Town is not giving up anything . It is
merely giving up the right to extended litigation which will pro -
duce the same result , that the Town has no rights beyond the paved
portion . Should the Town at any future time choose to widen any
portion of the highway , it can still do so without any harm or
damage to the property owners , by condemnation or by grant from
the property owners . "
Mr . David A . Tyler , attorney for the contract purchasers ,
Charles and Nancy Trautmann , proposed a conveyance pursuant to
Section 212 - a of the Highway Law of New York which , he said , could
be done along with the present sewer system installation being done
by the Town if the neighbor directly across the street simultaneous -
ly would convey a triangle equal to that to be abandoned by the Town
on the 235 Forest Home Drive property . Mr . Tyler distributed a site
plan depicting his proposal . The property directly across the street
mentioned by Mr . Tyler is property of Chester Pond . Chester Pond is
represented by attorney Robert J . Hines . Mr . Hines made the state -
ment which follows :
Town Board Minutes - 8 - December 11 , 1978
Mr . Robert J . Hines spoke on behalf of Chester Pond ,
stating that Mr . Pond was unable to be present at the meeting
because of the illness of his wife . Mr . Hines said that Mr . Pond
does not recognize or concede the interest of the Town in any por -
tion of the roadway other than the travelled portion , and that
while Pond was concerned with helping his neighbors , he did not
see that either their or his interest was being furthered by any
compromise which consisted of exchanging small parcels of land .
Hines said the Town should resolve the matter for the benefit of
the entire community and relinquish its position with respect to
claiming an extensive interest in unused land for the roadway . In
his remarks , Mr . Hines related that it was petty matters such as
these that gave lawyers a poor image and that it would be in every -
body ' s interests to solve the problem fairly to the property owners .
Mr . Hines stated that he had been authorized to make the
statements made and that he had no other information to give the
Board .
Mr . Guglielmino said that he wanted to make it clear that
whatever solution is found , it should be predicated upon no con -
cessions being made on the part of the Miller Estate that the Town
has a three - rod road or a four - rod road or has anything other than
user . rights . Mr . Pond has insisted on the same thing . The Miller
Estate insists on the same thing .
Councilman McElwee hoped that a solution could be found
which would clear all the apparent encroachments once and for
all rather than acting on each separately as they might arise .
Supervisor Desch said that although that might be an ideal solu -
tion , it will require a considerable amount of work to determine
what the scale of the basic problem is .
Supervisor Desch suggested it will be necessary for the
Superintendent of Highways and the Town Engineer to recommend what
the Town ' s interests ought to be as a practical matter . He said if
the practical matter is solved , the theoretical matter can be re -
solved .
Mr . Buyoucos said that Mr . Tyler would work with him to
see . what his (.Tyler ' s ) difficulties are under the law . Mr . Tyler
said that the contract for sale as it presently exists expires at
the end of January . The present situation leaves some uncertainty
on the part of the buyers .
Mr . Guglielmino said he appreciated the fact that a long -
term solution would require considerably more study . He suggested
that a temporary solution be arrived at pending the study for the
final solution .
No other persons wishing to be heard , the Supervisor closed
the hearing .
ELECTRICAL CODE
Supervisor Desch stated that in August the Town Board con -
sidered the adoption of an Electrical Code . At that public hearing
input was received from Board members and the public concerning the
breadth of enforcement that is desired . As a result Section VII of
the proposed code was revised . The Supervisor read the revised ver -
sion of Section VII .
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Town Board Minutes - 9 ' - December 11 , 1978
Motion by Councilman Powers , seconded by Councilman Freeman ,
Local Law No . 3 of the Year 1978
A LOCAL LAW INSTITUTING AN ELECTRICAL CODE FOR THE REGULATION OF
THE INSTALLATION AND ALTERATION OF WIRING FOR ELECTRIC LIGHT , HEAT
OR POWER AND SIGNAL SYSTEMS OPERATING ON FIFTY ( 50 ) VOLTS OR MORE
IN OR ON ALL REAL PROPERTY WITHIN THE TOWN OF ITHACA
BE IT ENACTED by the Town Board of the Town of Ithaca , as
follows :
Section I - STATEMENT OR PURPOSE .
Since there is danger to life and property inherent in the
use of electrical energy , this local law is enacted to regulate the
installation , alteration of wiring for electric light , heat or power
and signal systems operating on fifty ( 50 ) volts or more , in or on
all real property within the Town of Ithaca . The provisions of
this local law shall be referred to as The Electrical Code of the
Town of Ithaca .
Section II - NATIONAL CODE ADOPTED .
All electrical installations heretofore mentioned shall be
made in conformity with the requirements of the National Electrical
Code except where the provisions of this local law or any other
local law , ordinance or Building Code of the Town of Ithaca shall
differently prescribe , in which event compliance with the provisions
of such local law , Ordinance or Building Code shall be recognized
-as proper compliance with this local law . The requirements of the
National Electrical Code shall be those known as National Fire Asso -
ciation Pamphlet # 70 , as approved and adopted by the American Stand -
ards Association .
Section III - ELECTRICAL INSPECTOR .
The Chief Inspector , and each of the duly appointed In -
spectors of The New York Board of Fire Underwriters are hereby
authorized and deputized as agents of the Town of Ithaca to make
inspections and reinspections , at reasonable times and places upon
reasonable notice , of all electrical installations heretofore and
hereafter described , and to approve or disapprove the same . In no
event , however , will the cost or expense of such inspections and
reinspections be a charge against the Town of Ithaca .
Section IV - DUTIES OF THE ELECTRICAL INSPECTORS .
It shall be the duty of the Inspector to report in writing
to the Chief Inspector , whose duty it shall be to enforce all the
provisions of this local law , all violation of or deviations from
or omissions of the electrical provisions of the National Electrical
Code , and of all local laws , Ordinances , and the Building Code as
referred to in this local law insofar as any of the same apply to
electrical wiring . The Inspector shall make inspections and re. -
inspections of electrical installations in and on properties in
the Town of Ithaca upon the written request of an authorized official
in the Town of Ithaca or as herein provided . The Inspector is
authorized to make inspections and reinspections of electrical
wiring installations , devices , appliances , and equipment , in and
on properties within the Town of Ithaca where he deems it necessary
for the protection of life and property at reasonable times , upon
reasonable notice to the property owner or residents . In the event
of an emergency it is the duty of the Inspector to make electrical
inspections upon the oral request of an official or officer of the
Town of Ithaca .
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Town Board Minutes - 10 - December 11 , 1978
It shall be the duty of the Inspector to furnish written
reports to the proper officials of the Town of Ithaca and owners
and/or lessees of property where defective electrical installations
and equipment are found upon inspection . He shall authorize the
issuing of a certificate of compliance when electrical installa -
tions and equipment are in conformity with this local law . He
shall direct that a copy of the certificate of compliance be sent
to the Town of Ithaca to the attention of the Building Inspector .
Section V - VIOLATIONS OF THE LOCAL LAW .
It shall be a violation of this local law for any person ,
firm or corporation to install or cause to be installed , or . to
alter electrical writing for light , heat or power in or on proper -
ties in the Town of Ithaca until an application for inspection has
been filed with The New York Board of Fire Underwriters . It shall
be a violation of this local law for a person , firm or corporation
to connect or cause to be connected electrical wiring , in or on
properties for light , heat or power , to any source of electrical
energy supply , prior to the issuance of a temporary certificate ,
or a certificate of compliance , by The New York Board of Fire Under -
writers .
Section VI - PENALTY FOR VIOLATIONS .
Any person , firm or corporation who shall violate any of
the provisions of this local law or any rule or regulation made
pursuant thereto shall be guilty of a " violation " within the mean -
ing of the Penal Law of the State of New York , and upon conviction
thereof may be punished by a fine of not more than one hundred
dollars , and ° each day on which such violation continues shall con -
stitute a separate offense .
Section VII - LOCAL LAW NOT APPLICABLE IN CERTAIN CASES .
The provisions of this local law shall not apply to the
electrical installations in mines , ships , railway cars , automotive
equipment , or the installations or equipment employed by a railway ,
electrical or communication utility in the exercise of its function
as a utility , and located outdoors or in buildings used exclusively
for that purpose . This local law shall not apply to any work in -
volved in the manufacture , assembly , test or repair of electrical
machinery , apparatus , materials and equipment by a person , firm or
corporation engaged in electrical manufacturing as their principal
business . It shall not apply to any building which is owned or
leased in its entirety by the Government of the United States or
the State of New York . The local law shall not apply to the in -
stallation of secondary nominal 110 volt services in single family
residences when there is sufficient capacity in the electric panel
where the service connection is to be made .
Section VIII - NO WAIVER OR ASSUMPTION OF LIABILITY .
This local law shall not be construed to relieve from or
lessen the responsibility of any person owning , operating , con -
trolling or installing any electrical wiring , devices , appliances ,
or equipment for loss of life or damage to person or property caused
by any defect therein , nor shall the Town of Ithaca or The New York
Board of Fire Underwriters be deemed to have assumed any such lia -
bility by reason of any inspection made pursuant to this local law .
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Town Board Minutes - 11 - December 11 , 1978
Section IX - Separability clause .
If any part or provision of this local law or the appli -
cation thereof to any person or circumstance be adjudged invalid
by any court of competent jurisdiction , such judgment shall be
confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this local law or the application thereof to other
persons or circumstances and the Town Board of the Town of Ithaca
hereby . declares that it would have passed this local law or the
remainder thereof had such invalid application or invalid provision
been apparent .
Section X - REPEALING PROVISIONS .
All local laws and parts of local laws or Ordinances in -
consistent with this local law are hereby repealed .
Section XI - EFFECTIVE DATE .
This local law shall take effect immediately upon compli -
ance with the filing requirements of Section 27 of the Municipal
Home Rule Law of the State of New York .
( Raffensperger , Freeman , Valentino , Powers , McElwee , and Desch
voting Aye . Nays - none )
ABANDONED LEHIGH VALLEY RIGHT OF WAY
Mr . Paul Finger , Tompkins County Planning Department
( coordinating with the Environmental Management Council ) , appeared
before the Board to make a presentation with respect to the abandoned
Lehigh Valley Right of Way between East Ithaca and the Game Farm
Road . Mr . Finger illustrated the area with map .
It appears there is an opportunity for various municipalities
to acquire this property , possibly for recreational trails . It is
necessary for municipalities to instruct the County about its posi -
tion or desires in this matter , and the municipalities should also
discuss it among themselves . The Town . of Ithaca , for example , might
wish to contact the Town of Dryden to discuss a cooperative effort
in the use of the available property . Mr . Finger stated that the
Department of Transportation has waived preferential rights to this
land . There is some question as to whether the State has waived
any preferential rights . The State has the first option and then
it is given over to State Parks and Recreation for possible usage .
Next in line are the individual affected municipalities . There is
some question as to whether the municipalities and landowners are
given the same preferential rights . Lehigh Valley Railroad has
stated they would like to have the County acquire the property and
they to match the offer the landowners have submitted . Price per
acre ranges from $ 100 to $ 500 ( the higher figure for an abandoned
railroad in the Rochester area ) .
Mr . Finger said that there are 9 . 6 acres within the Town
of Ithaca . The major portion , however , is in the Town of Dryden .
He said the County would like the Town to give them a directive as
to what they should do with the land . If the Town is interested
Town Board Minutes - 12 - December 11 , 1978
in the County purchasing the land and maintaining it or develop -
ing it , an indication of this interest must be sent to the County
by the affected municipalities . Until then the County will not
make any move to upset anyone . It is letting the municipalities
act independently . Mr . Finger recommended that the Supervisor of
the Town of Ithaca should contact the head of other municipalities
involved and discuss the feasibility of making the abandoned right
of way a recreation trail . The type of recreation is up to the
local municipalities . Councilwoman Raffensperger asked whether
the Lehigh Valley Railroad had sent a letter of abandonment . Mr .
Finger said he had a letter giving him the maps and telling him
that the indicated sections are open for purchase . Mr . Fabbroni
noted that the Town of Ithaca had sent a letter to Mr . Hugh S .
MacNeil indicating that the Town is interested to the extent that
it would cooperate with the County and that the County could pro -
ceed from there and determine what is involved .
Mr . Finger recommended that the Town send a letter or
resolution to the County indicating its interest and intent . At
the moment the County is in a " holding action . "
STONE QUARRY ROAD - SELECTION OF ENGINEER
Supervisor Desch said three proposals from engineers
had been received - - Lozier Engineers , Pickard and Anderson ,
John S . MacNeill . The Board and the engineering staff have re -
viewed the proposals . Dollar -wise they are very close . He
asked Mr . Fabbroni to make a brief report on the proposals . The
Board will then consider retaining one of the three .
Mr . Fabbroni said that in each proposal the Town requested
considerations and cost estimates for each different activity or
scope of work . Phase I is preliminary design , Phase II being the
final design . A total price for both was requested . A quotation
was requested with the engineers doing all the work and quotations
on segments , separated out , which the Town itself might be able to
do . The three proposals are very detailed and very close in terms
of price . However , based on the familiarity which Lozier Engineers
have with the Town system and based on the Towns ' ability to do the
topographic work , Mr . Fabbroni recommended that Lozier Engineers be
retained to do the design on the Stone Quarry Road water system
and to develop project budget , and to prepare reports which need
to be submitted to the Health Department and the Department of
Audit and Control to get the job in operation . It is estimated
that the engineering costs will be approximately $ 9 , 250 .
Mr . Fabbroni said they would like to have the preliminary
engineering done by the end of January so that appropriate hearings
on the budget could be held and then move the project along to the
Department of Audit and Control . It appears that final design will
be available , including specifications , prior to receiving approval
from Audit and Control . The objective is to bid the project in
March and be ready for construction at the beginning of the con -
struction season .
Supervisor Desch said that bids would be opened in the early
part of April with construction starting probably within a month
from that date . Funds would be available from surplus in the water
benefit levy account for engineering and construction . There would
be a borrowing involved and the debt service would be derived from
the annual benefit levy . No revenue sharing money would be used
for this project . Current surplus in the benefit levy is sufficient
to pay for the engineering costs in total . Supervisor Desch said
there is a good chance that the project can be constructed without
increasing the benefit charge of $ 23 . 00 ( water ) . That is the ob -
jective .
Town Board Minutes - 13 - December 11 , 1978
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that the firm of Lozier Engineers Associates be retained
to perform the preliminary and detailed engineering design of the
water extension to service the Stone Quarry Road area of South Hill
in the Town of Ithaca , for the sum of approximately $ 9 , 250 . 00 , it
being understood that the Town Engineer will do the survey on the
project .
( Powers , McElwee , Valentino , R offensperger , Freeman and Desch
voting Aye . Nays - none )
Councilwoman Raffensperaer asked whether the recommenda -
tion of Lozier Engineers to engineer the project meant that the
Board will not pursue innovative approaches ( such as drilling
wells ) suggested by other engineers . Supervisor Desch said that
he felt it did not make sense to go through a possibly fruitless
process of drilling test wells which the Health Department might
take up to a year to verify as suitable .
Mr . Fabbroni said that given the proposals received and
the prices and the firms , it was his opinion that Lozier Engineers
have the best capability of meeting almost any time table the Town
might establish . The other two firms are more limited in terms of
manpower .
Supervisor Desch pointed out that Lozier Engineers have
done an outstanding job on the five - area sewer project . Very few
problems have arisen .
BOND RESOLUTION - SEWER IMPROVEMENTS ( 550 , 000 )
Supervisor Desch read in its entirety a proposed resolution
providing for the details and authorizing the sale of $ 550 , 000 . 00
sewer improvement ( serial ) bonds , 1978 , of the Town of Ithaca , to
pay part of the cost of the construction of a sewer improvement
in the Town -wide sewer improvement benefited area .
At a regular meeting of the
Town Board of the Town of Ithaca ,
Tompkins County , New York , held
at the Town Hall , in Ithaca , New
York , in said Town , on the 11th
day of December , 1978 , at 5 : 15 p . m .
Eastern Standard Time
The meeting was called to order by Supervisor Desch , and
upon roll being called , the following were
PRESENT : Noel Desch , Supervisor
Andrew W . McElwee , Councilman
Robert N . Powers , Councilman
Catherine Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
Gust L . Freeman , Councilman
ABSENT : Victor Del Rosso , Councilman
The following resolution was offered by Supervisor Desch ,
who moved its adoption , seconded by Councilman McElwee , to -wit :
Town Board Minutes - 14 - December 11 , 1978
RESOLUTION DATED December 11 , 1978 .
A RESOLUTION PROVIDING FOR THE DETAILS AND AUTHORIZING
THE SALE OF $ 550 , 000 SEWER IMPROVEMENT ( SERIAL ) BONDS ,
1978 , OF THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK ,
TO PAY PART OF THE COST OF THE CONSTRUCTION OF A SEWER
IMPR0=1ENT IN THE TOWN WIDE SEWER IMPROVEMENT BENEFITED
AREA IN SAID TOWN .
WHEREAS , the Town Board of the Town of Ithaca , Tompkins
County , New York , has heretofore adopted a bond resolution on
August 12 , 1974 , authorizing the issuance of $ 970 , 000 serial bonds
of said Town to pay the cost of the construction of certain sewer
improvements in and for the Town Wide Sewer Improvement Benefited
Area in said Town consisting of 8 " sanitary sewer lines , manholes ,
4 " house laterals , force mains , pump and lift stations , together
with original furnishings , equipment , machinery and apparatus
necessary therefor for connection to the existing sanitary sewer
system in said Town ; and
WHEREAS , it is now desired to provide for the date , details
and sale of $ 550 , 000 of said bonds and other matters in connection
therewith , NOW , THEREFORE , BE IT
RESOLVED , by the Town Board of the Town of Ithaca , Tompkins
County , New York , as follows .
Section 1 . Of the $ 970 , 000 serial bonds described in the
preambles hereof , there shall be issued and sold only $ 550 , 000 bonds
of such amount for such purpose , which shall be designated substan -
tially SEWER IMPROVEMENT ( SERIAL ) BOND , 1978 , shall be dated
shall be of the denomination of $ 5 , 000 each , shall be
numbered from 1 to 110 , both inclusive , and shall mature in numeri -
cal order in the amount of $ 30 , 000 on in each of the years
1990 to 1999 ,. both inclusive , with interest thereof payable on
and semi - annually thereafter on and
Such bonds shall bear interest at such rate as may be necessary to
sell the same , which rate shall be determined in the manner provided
in Section 59 . 00 of the Local Finance Law . Such bonds shall be in
bearer coupon form with the privilege of conversion into bonds reg -
istered as to both principal and interest , and shall be payable as
to both principal and interest in lawful money of the United States
of America at Tompkins County Trust Company , in Ithaca , New York ,
which by contract is the paying agent of the issuer . Such bonds
shall be signed in the name of said Town of Ithaca , Tompkins County ,
New York , by its Supervisor , and a facsimile of its corporate seal
shall be imprinted thereon and attested by its Town Clerk , and the
interest coupons shall bear the facsimile signature of said Super -
visor .
Section 2 . All other matters , except as provided herein
relating to such bonds , shall be determined by the Supervisor . Such
bonds shall contain substantially the recital of validity clause
provided for in Section 52 . 00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals , in addition to
those required by Section 51 . 00 of the Local Finance Law , as the
Supervisor shall determine .
Section 3 . It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years , pursuant to subdivision 4 of paragraph ( a ) of
Section 11 . 00 of the Local Finance Law ; computed from June 9 , 1978 ,
the date of the first bond anticipation note issued therefor .
�I
�7 q
Town Board Minutes - 15 - December 11 , 1978
Section 4 . The faith and credit of said Town of Ithaca ,
Tompkins County , New York , are hereby irrevocably pledged for the
payment of the principal of and interest on such bonds as the same
respectively become due and payable . The amount required annually
to pay the principal of and interest on said bonds shall be assessed
upon the several lots and parcels of land within said Town Wide Sewer
Improvement Benefited Area in just proportion to the amount of bene -
fit which the same shall receive , but if not paid from such source ,
all the taxable real property in said Town shall be . subject to the
levy of ad valorem taxes without limitation as to rate or amount
sufficient to pay the principal of and interest on said bonds as
the same shall become due .
Section 5 . The powers and duties of advertising such bonds
for sale , conducting the sale and awarding the bonds , are hereby
delegated to the Supervisor , who shall advertise such bonds for
sale , conduct the sale and award the bonds in such manner as he
shall deem best for the interests of said Town , provided , however ,
that in the exercise of these delegated powers , he shall comply
fully with the provisions of the Local Finance Law and any order
or rule of the State Comptroller applicable to the sale of municipal
bonds . The receipt of the Supervisor shall be a full acquittance
to the purchaser of such bonds , who shall not be obliged to see to
the application of the purchase money .
Section 6 . This resolution shall take effect immediately .
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call , which resulted as follows :
Gust L . Freeman , Jr . , voting Aye
Andrew W . McElwee , voting Aye
Robert N . Powers , voting Aye
Shirley Raffensperger , voting Aye
Catherine Valentino , voting Aye
Noel Desch , voting Aye
The resolution was thereupon declared duly adopted .
RECESS
The Board recessed for five minutes .
REQUEST TO PURCHASE SURVEYING ITEMS
Mr . Fabbroni , Town Engineer , requested authorization to
purchase certain items for surveying and engineering purposes .
He provided a list of the requested items . He also requested
authorization to have the transit and tripod repaired . He also
reported that he has verified that sufficient funds remain in the
Equipment Account to cover these purchases .
Motion by Councilman McElwee : seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Engineer is hereby authorized to arrange
for the repair of transit and tripod and for the purchase of the
following items required for surveying and engineering purposes :
� U
Town Board Minutes - 16 - December 11 , 1978
Tripod ( for Wild level ) $ 125 . 00
Wild NAKO Auto Level 650 . 00
Plumb Bob 12 oz . 7 . 52
Sheath 4 . 28
Fiberglass Rod 75 . 71
Chain 66 . 47
Reel 17 . 88
Keil 3 . 92
Hand Level 40 . 50
Two ( 2 ) . Rules 8 . 26
Dip Needle 39 . 15
Rod Level 9000
Total . . . . . $ 1 , 047 . 69
( Raffensperger , Valentino , Freeman , Powers , McElwee and Desch
voting Aye. . Nays - none )
COUNTY/TOWN ROAD SWAPS
The Supervisor asked the Board at this time to consider
again the matter of the exchange or transfer of certain County
roads to the Town and certain Town roads to the County . He said
it was appropriate at this time to re - affirm the resolution adopted
in March of 1977 on this matter , and to include also the transfer
from the County to the Town that portion of Judd Falls Road between
the northerly end of the granite curb north of Tower Road to Rt .
366 .
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that this Board hereby re - affirms the resolution adopted
in March of 1977 with respect to the exchange of the Town portion
of Sheffield Road from Hayts Road to Townline ( Iradell Road ) ( approxi -
mately . 86 miles ) for the County portion of Renwick Heights Road
( approximately . 50 miles ) and the County portion of Judd Falls Road
from the end of the granite curb north of the jughandle to Forest
Home Drive ( approximately . 20 miles ) and the Town Board at this time
FURTHER RESOLVES to include also the transfer from the County to the
Town of Ithaca that portion of Judd Falls Road between the northerly
end of the granite curb north of Tower Road to Rt . 366 .
( Raffensperger , Freeman , Valentino , Powers , McElwee and Desch
voting Aye . Nays - none )
The Town Attorney and the Town Engineer are directed to
take whatever legal steps are necessary to implement these ex -
changes .
AUTHORIZATION FOR TOWN ENGINEER TO
ATTEND TRANSPORTATION RESEARCH BOARD
CONFERENCE IN WASHINGTON , D . C .
Mr . Fabbroni , Town Engineer , requested authorization to
attend Transportation Research Board Conference in Washington ,
D . C . in January , 1979 .
Motion by Councilman Powers ; seconded by Councilman McElwee ,
RESOLVED , that Lawrence P . Fabbroni , Town Engineer , is hereby
authorized to attend the Transportation Research Board Conference
in Washington , D . C . , in January , 1979 , expenses to be paid by the
Town of Ithaca .
( Valentino , Freeman , Raffensperger , Powers , McElwee , and Desch
voting Aye . Nays - none )
C6 1
Town Board Minutes - 17 - December 11 , 1978
SALT STORAGE BARN
Mr . Fabbroni stated that he had sketched on the original
plat plan of the existing Town highway maintenance .facility , the
location of the proposed storage facility . He said the Board had
approved going to bid on the new facility . Mr . Fabbroni said he
had discussed the new proposed, facility with Councilman McElwee
and they came to the conclusion they were headed in the wrong direc -
tion . Money for materials would be expended in a space too small .
There would be access problems to the space , and problems with stan -
dardization . There were also problems with the width of the dry
storage areas . Mr . Fabbroni said he is now proposed instead a
simple pole barn building which will be less costly than the original
proposal . This building would be 50 x 64 , standard type , and very
easy to construct . It will give the Highway Department some flexi -
bility to find out what their needs are in terms of the ultimate
storage area . The building can be partitioned as required . The
building will be open and there will be no problem with trucks
backing up under it . Mr . Fabbroni said when the time comes that
the Highway Department knows the amount of space they need for salt
storage , they can build a retaining wall independent of the struc -
ture . He said the site has been prepared for such a building .
There was the question of time table for construction .
Mr . Parkin said one of the advantages of moving the project along
as quickly as possible is the saving of salt , a certain portion of
which is lost with outside storage . It is important to get the salt
under cover . Supervisor Desch recommended early preparation of the
specifications , advertising for bids , and letting of a contract , so
that construction could start in late January ( 1979 ) . Councilman
McElwee said that since it is a standard building it would not
present a great problem in terms of staff time .
Mr . Fabbroni suggested that the Town might bid the materials
and that a firm be hired to erect the building . The other approach ,
he said , is to bid the entire project . The first approach would be
competitive insofar as materials is concerned . The second approach
would depend on the dollar limit . If the proposals are below the
bid limit , then there would not have to be a bid .
Supervisor Desch said his concern was that the gain of
having a completed facility must be weight against all the commit -
ments the staff already has , including surveys for Stone Quarry Road
water extension , drainage improvements in the Northeast , zoning
Ordinance revisions , Coy Glen matter , additional sewer extensions .
Mr . Fabbroni noted again his preference for the Town bid -
ding the materials and hiring a firm to erect the building . Super -
visor Desch said that an attempt should be made to fit the project
into the schedule and get it out to bid in the Spring .
Councilman Powers relayed to the Board that Mr . Millard
Brink has complained of the noise of the highway equipment in the
early morning ( presumably the front end loader ) . It wakes him up .
He complains also of the horns on the equipment back - up alarms . He
also complains of the lights on the highway maintenance facility
and wonders if they cannot be shielded so that the light does not
shine in the house . It was agreed that Mr . Parkin and Mr . Fabbroni
would discuss these problems , which , presumably would increase with
the construction of an additional facility ( the pole barn ) .
Town Board Minutes - 18 - December 11 , 1978
CANOPY FOR HIGHWAY MAINTENANCE FACILITY
Mr . Fabbroni reported there is a safety hazard existing
at the Town highway facility in that ice falls from above the
side door and is a danger to persons going ' in and out . He said
he had obtained a quotation for a canopy over the door in the amount
of $ 1 , 300 . Councilman McElwee said he was concerned that such a
canopy would create a " skating rink " ; that the downspout would freeze .
The consensus of the Board was that the work should be done
and that Councilman McElwee and Mr . Fabbroni should design it .
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that this Town Board hereby approves the expenditure of
up to $ 1 , 300 for the development of a canopy at the Town Highway
Maintenance Facility , design detail to be prepared by Councilman
McElwee and the Town Engineer .
( Raffensperger , Freeman , McElwee , Powers , Valentino , and Desch
voting Aye . Nays - none )
NEW YORK STATE DEPARTMENT FOR YOUTH APPLICATIONS -
AUTHORIZATION FOR SUPERVISOR TO SIGN YOUTH BUREAU
AGREEMENT FOR 1979
Supervisor Desch reported that he had received a proposal
( which all the Board members have now seen ) pertaining to the sup -
port of the Coddington Road Community Center as it relates to re -
imbursement from the State . The budget for 1979 is $ 1 , 650 for this
support within the overall Ithaca Youth Bureau budget items .
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that this Town Board hereby authorizes the Supervisor to
execute the agreement between the Town of Ithaca and the Coddington
Road Community Center for the year 1979 , amount of support to be
$ 1 , 650 . 00 as set out in the budget of the Town of Ithaca for 1979 .
( Freeman , McElwee , Raffensperger , Valentino , Powers , and Desch
voting Aye . Nays - none )
Supervisor Desch said he also had the agreement with the
City of Ithaca Youth Bureau which has been signed by Mayor Conley
for the City which has to do with the Town ' s share of the Youth
Development and Recreation Program . He requested authorization to
execute the contract .
Motion by Supervisor Desch , seconded by Councilwoman Valentino ,
RESOLVED , that this Town Board hereby authorizes the Supervisor
to execute a contract between the City of Ithaca Youth Bureau and
the Town of Ithaca to support the Ithaca Youth Bureau to the extent
of $ 34 , 874 . 75 as budgeted for 1979 .
( McElwee , Raffensperger , Powers , Valentino , Freeman , and Desch
voting Aye . Nays - none )
Supervisor Desch reported there is a separate application
which will be forwarded to the New York State Division for Youth
which should be moved .
Town Board Minutes - 19 - December 11 , 1978
Motion by Supervisor Desch , seconded by Councilwoman Valentino ,
RESOLVED , that this Town Board hereby approves the application to
the New York State Division for Youth for a reimbursement agreement
involving $ 17 , 520 . 80 which is the Town ' s share of the agreement .
( Freeman , Powers , McElwee , Valentino , Raffensperger , and Desch
voting Aye . Nays - none )
PERSONS TO BE HEARD
Mr . Arthur L . Berkey , 128 Christopher Circle , posed the
following question :
The Town of Ithaca has specified its intent to
acquire the Coy Glen for a park area . If all other
alternatives fail ( and such is the stated position
of Coy Glen property owners Mr . and Mrs . Kraut ) , is
it the intent of the Ithaca Town Board to condemn
private property in order to acquire the Coy Glen
property for a Town of Ithaca park ?
Supervisor Desch asked if there were any comments from the
Board .
Councilman Powers said , " I have a comment to the effect
that it is my personal opinion , Mr . Berkey , that Item 11 , PERSONS
TO BE HEARD , entitles anybody to say what they would like to say .
I would hope you do not expect as simple an answer as your question
implies . From my own point of view , if you are asking for a yes or
no answer or some short statement ( which is usually applicable under
the PERSONS TO BE HEARD category ) , you are not very likely to hear
it . "
Mr . Berkey said he would like to have whatever response
the Board had . He said that at some point in time the Board will
have to make a decision . Councilwoman Raffensperger said the Town
Board has directed the Park Committee to pursue all alternatives
in solving the problems of Coy Glen . She said the Park Committee
is doing that - - exploring a number of possibilities . Mr . Berkey
said he thought he had received a ' yes ' answer to his question at
the meeting held at the National Cash Register Company . Supervisor
Desch said that he had given his own individual answer and that was
that this Board does not foreclose on any option .
Supervisor Desch said that it is not appropriate at this
time to address the question of condemnation or any particular
action pertaining to acquisition of property by the Town . He said
there may come a time when the question is appropriate . Mr . Berkey
asked if the Board had any information that Mr . and Mrs . Kraut had
changed their position that their property could only be acquired
by condemnation . Supervisor Desch said that neither he nor the Board
had received any communication from the Krauts on this question .
Mr . Berkey asked what the status of the Town ' s application
to BOR for shared funding was . Supervisor Desch said the applica -
tion is still pending . No response has been received but it is
expected that a response will be received .
Mr . Berkey asked if the Town of Ithaca pays taxes on the
Town Hall and the Supervisor replied that it does . Mr . Berkey asked
what the amount was . The Supervisor said he did not know exactly
but it was about $ 4 , 000 a year , including school , county , and City
taxes .
Town Board Minutes - 20 - December 11 , 1978
Mr . Berkey asked what the amount budgeted for repairs of
the Town Hall is . Supervisor Desch said he did not have the figure
available but that Mr . Berkey could get such information from Mrs .
Cynthia Schoffner , the Town bookkeeper .
Mr . Berkey inquired as to the status of the Town ' s appeal
to the Department of Environmental Conservation on the Rumsey - Ithaca
mining operation in the Coy Glen area . Supervisor Desch said there
had been no determination as yet and the Town does not know when
such a determination is scheduled to be made . He said his under -
standing is that DEC is still open to receive comments .
TEXACO GAS STATION - TRAFFIC PROBLEMS
Councilwoman Valentino expressed concern over the traffic
problems created by the new Texaco Gas Station on Ellis Hollow and
Juff Falls Road . She said it appears the present arrangement is
encouraging traffic to cut straight through into the P & C parking
lot . She said she herself had witnessed several near accidents .
Mr . Fabbroni said that he would have a report on this
situation with respect to the number of cars and the circulation
pattern for the year - end meeting . Councilwoman Raffensperger asked
him to check the width of the exits , which appear to be wider than
the road is , specifically Ellis Hollow Road where it is very wide
and very straight . She inquired if the Town had any traffic lights .
The Supervisor said none under the Town ' s jurisdiction , that there
are some on Danby Road .
TOWN ENGINEER ' S REPORT
Mr . Fabbroni discussed Brandywine Road .
Mr . Fabbroni said Christopher Lane would be improved to
relieve flooding . That will be accomplished as soon as the pipe ,
which has been ordered , is received . Work will be done at the
corner of Brandywine and Christopher Lane . He said there was a
diversion ditch in back of the houses ( a matter involving legal
questions with the school district ) , and construction when the
weather will allow .
Mr . Fabbroni reported a minor problem with replacing a
water line under the Fall Creek bridge . It was necessary to remove
a section of pipe and re - align it . He said the Town Board should
be aware of this because the Town will be asked by Stever Brothers
to pay for an " extra " . It appears the specifications were not cor -
rect .
Mr . Fabbroni said both the Sapsucker Woods Road Tank and
the Danby Road Water Tank has been inspected . He recommended that
both these tanks be painted in the coming year ( 1979 ) . The Sapsucker
Woods Road tank is pitted and 900 of the paint on the Danby Road
tank has broken down and detached from the wall . This should not
be left to go another year . As of now it is a simple matter of
sandblasting and painting . It is necessary to avoid the corrosion
problem we have with the Sapsucker Woods Road tank .
Town Board Minutes - 21 - December 11 , 1978
PLANNING BOARD CHAIRMAN REPORT
Henry Aron , Acting - Chairman of the Planning Board made
the following report :
1 . Planning Board Meeting of November 21 , 1978 .
( 1 ) Public Hearing : Site Plan Review for Minor Extension
to the former Beaujolais Restaurant , 602 Elmira Road ,
Tax Parcel No . 6 - 31 - 3 - 4 .
The Planning Board unanimously gave site plan approval to a
ten foot ( 10 ' ) addition to the former Beaujolais Restaurant ,
to be known as " The China Garden Restaurant " .
( 2 ) Public Hearing : Preliminary Subdivision Review for 13
lot Subdivision off Texas Lane , 9 lots in the Town of
Ithaca and 4 lots in the Village of Cayuga Heights , Ivar
Jonson , Developer .
The Planning Board held a long and arduous public hearing
with no final decision on preliminary subdivision approval
being rendered . The Acting- Chairman appointed a committee
of four Planning Board members plus the Town Engineer to
study the drainage situation and feasibility of such a
development , on site , when topographical maps were received .
Such an on - site inspection took place on Friday , December 1 ,
1978 . A report from each member is being compiled into one
report by the Town Engineer .
( 3 ) Public Hearing : Preliminary Subdivision Review for 80 lot
Cluster Proposal Backlot of Ridgecrest Road , Tax Parcel No .
6 - 45 - 1 - 2 . 2 Lagrand Chase , Developer .
The Planning Board unanimously granted preliminary sub -
division approval , in concept , for said proposed develop -
ment .
( 4 ) Sign Application for " China Garden " tabled .
( 5 ) Site Plan Review for Storage Addition to Sam Peter business
premises at 1083 Danby Road , Tax Parcel No . 6 - 43 - 1 - 5 , tabled .
( 6 ) Planning Board members who wish to attend Annual Association
of Towns Meeting in February , 1979 .
a . Henry Aron
b . Carolyn Grigorov
2 . Planning Board Meeting of December 5 , 1978 .
( 1 ) Storage Addition to Sam Peter business premises at 1083
Danby Road .
Recommendation to Zoning Board of Appeals in favor of
variance and in favor of proposed site plan , but leaving
options of Planning Board to adjust site plan open .
( 2 ) Sign Permit application approved for " China Garden Restaur -
ant " .
( 3 ) Election of Planning Board Chairperson - Henry Aron ,
Unanimous .
Election of Planning Board Vice - Chairperson - Patrick
Mackesey , Unanimous .
Recommended for approval by Town Board .
Town Board Minutes - 22 - December 11 , 1978
TOWN ATTORNEY REPORT
The Town Attorney stated he had no report at this time .
APPOINTMENTS
Supervisor Desch stated that the budget for 1979 includes
the expansion of the job of Part - Time Planner and Part - Time Assistant
to the Engineer to full time jobs . He read a resolution proposing
such expansion .
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
WHEREAS , at a regular meeting of the Town Board of the Town
of Ithaca said Board unanimously resolved , Supervisor Desch and
Councilpersons Powers , Raffensperger , Valentino , Del Rosso , McElwee
and Freeman voting aye , that Barbara Zimmerman Restaino he hired as
a part - time Planner and that Michael Ocello be hired as a part - time
Assistant to the Town Engineer at the hourly rate of $ 5 . 50 each ,
such appointments to be irj effect thereafter and having been in
effect since December 1 , 1977 , by agreement of that body but without
a formal resolution about same on November 10 , 1977 , and
WHEREAS , the Tompkins County Commissioner of Personnel ,
under date of October 10 , 1978 , has certified that such appoint -
ments are in accordance with the Civil Service Rules for Tompkins
County with the stipulation that the Planner position be titled
" Junior Planner " , and
WHEREAS , the Town Board of the Town of Ithaca wishes to
change slightly the job title for the Assistant to the Town Engineer
to " Assistant Engineer " ,
NOW , THEREFORE , BE IT RESOLVED :
That the Town Board of the Town of Ithaca appoint and
hereby does appoint Barbara Zimmerman Restaino as full - time Junior
Planner at an annual salary of $ 11 , 000 . 00 together with full .fringe
benefits inherent to full time employment by the Town of Ithaca , and
Michael Ocello as full - time Assistant Engineer at an annual salary
of $ 11 , 000 . 00 together with full fringe benefits inherent to full -
time employment by the Town of Ithaca , and , further ,
That said appointments shall be effective as of January 1 ,
1979 , and further ,
That this resolution , together with a completed Supplemental
Personnel Action form , shall be forwarded to the Tompkins County
Commissioner of Personnel setting forth the slight change in job
title for the Assistant Engineer .
There being no further discussion , the Supervisor called
for a vote .
Aye - Desch , McElwee , Raffensperger , Valentino , Freeman , Powers
Nay - None
The MOTION was declared to be carried unanimously .
Town Board Minutes - 23 - December 11 , 1978
APPOINTMENTS ( continued )
Motion by Supervisor Desch ; seconded by Councilman Powers
RESOLVED , that Gertrude Bergen , Nancy Fuller , and Cynthia Schoffner
be , and they hereby are , re - appointed as Deputy Town Clerks of the
Town of Ithaca for the year 1979 .
( Freeman , McElwee , Raffensperger , Powers , Valentino , and Desch
voting Aye . Nays - none )
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that Edward W . King is hereby re - appointed to the Zoning
Board of Appeals for a five year term beginning January 1 , 1979 and
ending December 31 , 1983 .
( McElwee , Raffensperger , Freeman , Valentino , Powers , and Desch
voting Aye . Nays - none )
ELECTION AND APPOINTMENT OF COUNTY REPRESENTATIVE
Supervisor Desch reported that the Town Board has had
expressions of interest from six persons for appointment as repre -
sentative from the Town of Ithaca on the County Board of Representa -
tives . The Supervisor noted that Councilman Gust L . Freeman and
Henry Aron ( Planning Board ) wish to serve as such representative .
He asked each of them whether they understood that in the event
they were appointed to the County Board of Representatives , they
would be required to vacate their present positions , Councilman
Freeman as a member of the Town Board , and Mr . Aron as a member
of the Town Planning Board . Both said they were prepared to re -
linquish their present positions in such event .
The Supervisor distributed a ballot form to each Town
Board member . The ballot form identified the names of the six
individuals who submitted resumes and answered the questions . The
Board had reviewed the information submitted by each candidate prior
to the meeting . The Supervisor explained the rationale of the pro -
cedure to be used . A secret ballot would be taken to narrow the
field . The Supervisor would report the names of the three top
vote receivers , but not the amount of votes - received . In this way
those persons not receiving any votes would not be embarrassed .
The Supervisor explained that he would then move appointment of
the person receiving the most votes . After the balloting , the
Town Clerk collected the ballots from the Board members , tallied
same , and handed the Supervisor a sheet of paper indicating the
tally . The Town Supervisor said he would announce the results of
the balloting after making his Supervisor ' s report , which .follows .
SUPERVISOR ' S REPORT
Intermunicipal Agreement Revision
" At the noon Audit Meeting today , the Southern Cayuga Lake
Intermunicipal Water Commission reviewed the final draft of a major
revision of the intermunicipal agreement to increase membership to
five municipalities , namely , the inclusion of the Village of Lansing .
This has been under negotiation for over two years . The primary
deterrent had been the Village ' s reluctance to pledge full faith
and credit on the $ 7 , 000 , 000 of bonds . We will soon be scheduling
a public hearing to consider the adoption of this revision . During
the coming year we will consider a further major revision , namely ,
the consolidation of Projects I and II for simplification of the
administration and budgeting . "
Town Board Minutes - 23 ( a ) - December 11 , 1978
Sewer Project
" The joint sewer committee of the City and Town is dis -
cussing the possibility of retaining the Environmental Facilities
Corporation to assist us in developing the administrative structure
of a jointly owned system . This is a public corporation created by
New York State to assist local communities with major sewer related
capital projects . Mr . Slattery and I hope to put together the de -
tails of a request for a proposal over the next month . There is a
consulting fee for the service that ultimately is requested . We
jointly feel that EFC can serve in an unbiased umpire ' s role in
developing the complicated working arrangements for this vital
service . ,"
i
Town Board Minutes - 24 - December 11 , 1978
Sewer Extensions
" We will have a substantial surplus in the local share at
the end of the project . We also have two petitions involving small
extensions which may be accomplishable within the available funds .
The Town Engineer will proceed with the design and estimates on ser -
vice to Valley View Road , Campbell Avenue , Slaterville Road , and a
portion of West Haven Road . "
Revolving File
" The Town of Ithaca Newsletter will include an announcement
about the new revolving file available for reading at the Town Hall .
This is a multi -purpose file as the instructions show ( which are
with the file ) . We urge all persons interested in a better Town
to keep up to date through use of this file . "
Zoning Ordinance Enforcement
" We are beginning a comprehensive assessment of our system
of zoning enforcement in order to assure reasonable consistency in
processing violations of any particular type . This will also pro -
vide for timely decisions on necessary courses of action . The assess -
ment will take place over the next three to four months . "
Traffic Enforcement
" I have written to the publisher of the Ithaca Journal
requesting that they publish the Town Justice Reports in the news -
paper as they do for the Village of Cayuga Heights . This will not
only show that traffic enforcement agencies in the Town of Ithaca
mean business , but also the negative publicity may be of disciplinary
benefit . "
Dog Control
" There are some interesting developments in neighboring
municipalities on the matter of using the increased local share
of dog license fees . For example , the Town of Newfield is using
part of the money to sponsor clinics for the neutering of male dogs
since unneutered dogs will come under the same fee for unspayed
females in 1980 . This is an idea our dog committee will pursue.
" The County Planning Board is also appointing a dog committee .
Perhaps our efforts can be linked to improve overall service in this
area . Could there be a County-wide Dog Control Commission ? "
Planning Board Chairperson
I am in receipt of a letter of resignation from Mrs . Bron -
fenbrenner and it is with regret that we accept this resignation .
Mrs . Bronfenbrenner has served as our Planning Board . Chairperson
for two years , actually one year longer than she originally desired ,
but in response to my urging agreed to carry on for another year . I
am happy to report she will continue on the Board as a member . At
our annual meeting , I will be offering a resolution of thanks from
our Townspeople . "
RESULTS OF THE BALLOTING FOR COUNTY REPRESENTATIVE
After having made his report , the Town Supervisor opened
the tallv sheet and revealed that Loran Marion had received the
tost - votes on the ballots .
I
� b
Town Board Meeting - 25 - December 11 , 1978
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that Loran Marion be appointed as County Representative
on the County Board of Representatives for the Town of Ithaca for
Districts 1 and 2 , to replace Hugh S . MacNeil who has resigned from
the County Board of Representatives in view of his election as New
York State Assemblyman .
A roll call vote was taken which resulted as follows :
Valentino Aye
Raffensperger Nay
Desch Aye
Powers Aye
McElwee Aye
Freeman Nay
The motion was carried .
ADDITIONAL APPOINTMENTS
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that Henry Aron is hereby appointed Chairman of the
Planning Board for the year 1979 .
( Raffensperger , McElwee , Powers , Freeman , Valentino , and Desch
voting Aye . Nays - none )
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that Patrick Mackesey is hereby appointed as Vice Chairman
of the Planning Board for 1979 .
( Raffensperger , Powers , McElwee , Freeman , Valentino , and Desch
voting Aye . Nays - none )
COMMITTEE REPORTS
Codes and Ordinances
Councilman Powers reported that most of the work has been
completed . The only remaining section is Residential . Formal
approval of the Business and Industrial Zones will probably be
given at the next meeting . The Committee is awaiting final recom-
mendations from Barbara Restaino . In January the Committee will
take up the work on the Residential Zones .
Mr . Aron asked whether the Committee intends to include
a noise ordinance . Councilman Powers said that the Committee had
discussed a noise ordinance very exhaustively . However , the Com-
mittee has not specifically included a noise ordinance . He said
the Committee is designating certain areas where certain noise levels
are not to be exceeded . Councilman Powers said lengthy discussions
had been held with regard to noises , noxious odors , gases , smoke .
Supervisor Desch said that Mr . Aron ' s concerns with regard
to noise would probably addressed in a separate ordinance . Council -
man Powers said the Committee is addressing itself to the noise prob -
lem to the extent possible in a land use document , but that he and
the rest of the Committee share the opinion that the noise problem
should be addressed in a separate document . He said there is no
question that there is a demand for it .
91
Town Board Minutes - 26 December 11 , 1978
Traffic Committee
Mr . Fabbroni reported that most of the traffic counting
equipment has been received and is being tested . There are some
minor problems with the equipment to be worked out with the sales -
man .
Park Committee
Councilwoman Raffensperger said that the Park Committee
had reached the last of its many charges as follows .
" Develop a policy statement of need with regard to
bicycle traffic circulation , keeping in mind the
likelihood of a sharp increase in mo - ped usage . "
" In March 1975 , the Cornell University Graduate Landscape
Architecture Program prepared the ITHACA BIKEWAY STUDY for the
City and Town of Ithaca . That study , in its three parts , analyzes
the need for and the feasibility of a bikeway network in the Ithaca
area , including data on natural systems , physical conditions , demand ,
design criteria , implementation , and a set of mapped data . ( Avail -
able at Town Hall )
" Since that time , there has been , in most areas of the
Town of Ithaca , an increase in the multiple use of roadways :
bicycles , mo - peds , pedestrians , joggers , and increasing numbers
of automobiles and trucks . It is the opinion of the Park and Open
Space Committee that the safety problems involved in such multiple
uses are severe and increasing .
" It is the recommendation of this Committee that the Town
Board should direct the planning staff and the Park Committee to
develop a bikeway map/plan for the Town of Ithaca , coordinated ,
as possible , with adjoining municipalities , Ithaca College , and
Cornell University . The bikeway plan for the Town of Ithaca should
explore establishment of bikeways in Classes I , II , and III ( see
attachment ) to meet both the transportation and recreational needs
of residents of the Town of Ithaca and should include a cost analysis
and schedule for implementation .
" In the meantime , the Town should :
1 ) a . develop Class I bikeways where unimproved bikeways
presently exist in the Town .
b . cooperate with other involved municipalities , the
County Planning Board and Tompkins County in the
possible development of the Lehigh Valley - Ithaca -
Freeville ROW as a bikeway or for multiple recrea -
tional use .
2 ) consider for Class II development any rq,adway in the
Town undergoing renovation or reconstruction .
3 ) direct the planning staff to identify those Town roads
that should be signed immediately for bicycles ( Class III ) .
Class III bikeway signing would not be installed until the
bikeway plan /map has been completed and approved , except
where severe safety hazards presently exist and where sign -
ing would substantially reduce those hazards .
Town Board Minutes - 27 - December 11 , 1978
" The Park and Open Space Committee recommends the follow-
ing priorities for 1979 :
( 1 ) Continued effort to develop an effective strategy
for the preservation of Coy Glen .
( 2 ) Schedule and implement initial phase of development
for neighborhood parks for 1979 - - Northview Road
West , Northeast Park , Eastern Heights , vest pocket
areas now Town owned .
( 3 ) East Ithaca bikeway completion .
( 4 ) Prepare bikeway map/plan , including cost analysis
and implementation schedule .
( 5 ) Investigate tennis courts , Tompkins County Hospital .
( 6 ) Investigate purchase of John P . Hertel property ,
Forest Home .
" The present Park Committee recommends that at least one
Planning Board member be added to the Committee . Park Committee
meetings are scheduled at the convenience of the staff and Com-
mittee members , usually once a month at 5 : 15 p . m . "
Councilman McElwee asked how the use of bikeways and
Jogging paths could be enforced . Councilwoman Raffensperger
said the use of such areas could not be enforced . She said ,
however , if they are made safer and better , something has been
accomplished . She said also that if a better surface is provided
for joggers , they will stay off the road and reduce that hazard .
Mrs . Livesay said she had been trying to have this whole
matter addressed in a comprehensive way at the County level . She
said it is not simply a matter of providing the areas but also a
system of assuring that they will be used . Supervisor Desch said
this would be a natural thing for the County to do because of the
many County roads . He said usually a County road is easier to
make available to a jogger , it is a better road with more shoulder .
Mrs . Livesay inquired whether the County Planning Committee
was addressing these issues . Mr . Fabbroni , Town representative
on the County Trasnportation Planning Committee , said that bike -
ways are considered one of the areas of interest . Mrs . Livesay
said that the Safety Committee , a sub- committee of the transporta -
tion group , should also be involved . She hoped that Mr . ' Fabbroni
would keep that tie - in .
ELM STREET EXTENSION
REFUND FOR WILLIAM KOCH
Mr . Fabbroni reported a situation on Elm Street Extension
where it was found that the elevation lateral was too high for the
house at 531 Elm Street Extension for a proper service . He recom -
mended that Mr . William Koch should be reimbursed for a part of
the billing he received from Burris Plumbing , which is less than
20 % of the total billing ( an amount of $ 96 . 25 ) .
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that $ 96 . 25 be paid to Mr . William Koch , 531 Elm Street
Extension , to cover reimbursement of down payment for plumbing
charges paid by Mr . Koch to Burris Plumbing Co . , funds to come
from the five - area Capital Sewer Project .
( Raffensperger , Freeman , Valentino , Powers , McElwee , and Desch
voting Aye . Nays - none )
I �
Town Board Minutes - 28 - December 11 , 1978
ROAD CUT REFUNDS
Mr . Robert Parkin , Highway Superintendent , recommended that
refunds in the amount of $ 100 . 00 each for 106 Pinewood and 110 Pine -
wood be madelto Lee Knuppenberg . He said he had inspected the cuts
and they have been properly restored .
Motion by Councilman McElwee ; seconded by Councilman Powers ,
RESOLVED , that this Town Board hereby authorizes refunds of amounts
deposited by Lee Knuppenberg , $ 100 . 00 for 106 Pinewood and $ 100 . 00
for 110 Pinewood , for road cut permits .
( Freeman , McElwee , Valentino , Raffensperger , Powers , and Desch
voting Aye . Nays - none )
TOWN OF ITHACA WARRANTS
Motion by Councilman McElwee ; seconded by Supervisor Desch ,
RESOLVED , that Town of Ithaca warrants dated December 11 , 1978 ,
in the following amounts , are hereby approved .
General Fund , Outside Village . . . . . . . . $ 91472 . 22
General Fund , Town -Wide 13 , 063935
Highway Fund 16 , 533 . 33
Lighting Districts . . . . . 191 . 54
Capital Sewer Project 92 , 705 . 05
( Freeman , McElwee , Valentino , Raffenspergor , Powers , and Desch
voting Aye . Nays - none )
BOLTON POINT WARRANTS
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that this Town Board hereby approves Bolton Point warrants
dated December 11 , 1978 , after review , and upon the recommendation
of the Southern Cayuga Lake Intermunicipal Water Commission , in the
amount of $ 24 , 786 . 68 .
( Valentino , Powers , Raffensperger , McElwee , Freeman , and Desch
voting Aye . Nays - none )
PUBLIC HEARING - COY GLEN
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that this Town Board will conduct a public hearing on
December 29 , 1978 at 11 : 30 A . M . at the Town Hall to consider the
adoption of a resolution designating as a " critical area " the
geographical area of Coy Glen , as designated by the Tompkins County
Environmental Council in its Unique Natural Areas Inventory , pursuant
to the State Environmental Quality Review Act ; that for the purposes
of this resolution , the designation of " critical area " shall also
include the official adoption of Coy Glen as a " unique natural area . "
Further , that this designation shall take effect immediately and shall
be filed with the Commissioner of the Department of Environmental Con -
servation .
( Valentino , Freeman , Raffensperge , Powers ) McElwee , and Desch
voting Aye . Nays - none )
II
Town Board Minutes - 29 - December 11 , 1978
APPOINTMENT OF TOWN OF ITHACA
REPRESENTATIVE AT ASSOCIATION OF
TOWNS MEETINGS IN NEW YORK CITY -
FEBRUARY 18 - 21 , 1979
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that this Town Board does hereby appoint Catherin?' Valentino ,
Councilwoman , as the Town ' s representative at the Association of
Towns meeting in New York City scheduled for February 18 - 21 , 1979 .
( Raffensperger , Freeman , McElwee , Powers , Valentino , and Desch
voting Aye . Nays - none )
NORTHEAST BUS RUN
Councilman Freeman asked Mr . Fabbroni to report on the
Northeast Bus run for the month of November .
Mr . Fabbroni reported that in the month of November , 1978 ,
the preliminary figures indicate a deficit of about $ 300 . 00 of
which the Town of Ithaca ' s share is approximately $ 100 . 00 .
Supervisor Desch noted that the bus is running about
$ 150 . 00 a month deficit . Actually , based on earlier expectations
of a much greater deficit , the run is a great success . The service
will not be operative between Christmas and New Year holidays .
ADJOURNMENT
The meeting was duly adjourned at 9 : 30 p . m .
Edw d L . Bergen
Town Clerk