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HomeMy WebLinkAboutTB Minutes 1979-05-21 TOWN OF ITHACA TOWN BOARD MEETING May 21 , 1979 - 5 : 30 p . m . 1& an Adjourned Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , on the 21st day of May , 1979 , at 5 : 30 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 Gust L . Freeman , Councilman ALSO PRESENT . James V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town Engineer /Building Inspector Nancy M . Fuller , Deputy Town Clerk Jean Swartwood , Understudy Town Clerk Henry Aron , Chairman , Planning Board Beverly Livesay , County Representative W . Earle Tallmadge , 126 West Haven Road Herbert Monkemeyer , Danby Road E . L . Rose Monkemeyer , Danby Road Representatives of the Media : Jon Craig , Ithaca Journal Claudia Montague , WICB-FM Barbara Mintz , WHCU - FM News Joel Tallmadge , WTKO News PICTURE ISLAND SIGN Mr . Stewart Knowlton appeared before the Board , as agreed at the last Board meeting . He recited briefly the history of the matter of the Picture Island sign . He noted that they had done all things required in . the original application for the sign ; that nothing was hidden , total plans and specifications and pictures were submitted for the Board ' s review . He noted the record of complete cooperation with the Town of Ithaca in everything having to do with the East Hill Plaza . He said , however , that all that is behind us , and that he and his company are will at this time to do whatever the Board may re - quire with respect to the Picture Island sign . (Mr . Knowlton recom- mended , parenthetically , that when the Town of Ithaca distributes a copy of the zoning ordinance , it would be well also to include with it a copy of the sign ordinance . ) Supervisor Desch said he would like' - to footnote Mr . Knowlton ' s remarks for the record . Considering the past two years , the whole East Hill Plaza development has taken a very positive turn , both in terms of the rental of space and in terms of cooperation changing the appearance of the Plaza for the better . The Supervisor said that it goes without saying that the changes are in large measure due to Mr . Knowlton ' s cooperative attitude and spirit throughout many discus - sions had on many topics . Councilwoman Valentino echoed the Super - visor ' s remarks and said the East Hill Plaza in the last two years has vastly improved in appearance from the time it was first built . Mr . Knowlton said he appreciated the remarks made and that he was ready now to do whatever the Board recommends with respect to the Picture Island sign . Town Board Minutes - 2 - May 21 , 1979 There was . general agreement at - the - meeting of May 7th that if the Picture Island sign were to stand as is , a variance would be required . Councilman Powers inquired why it does not comply . Council - woman Raffensperger stated that it does not comply because it is on a roof and that Mr . Knowlton has conceded that it is on a roof . She said she had talked to a number of members of the East Hill Civic Association about it . Original conversations with them indicated that promises had been made that no variances would be given with respect to signs ( since they were considerably concerned about signs at the Plaza ) . She said also that Mr . Knowlton had promised that he would not request variances for any signs ; further , that the Town Board had assured these people that no variances would be given . She said there has been a certain amount of local displeasure with the signing both of the service station and the photo - kiosk . She said there had been suggestions with respect to changing the color of the photo - kiosk ( possibly some shade of brown , closer to the color of the service sta - tion ) . There was considerable discussion with regard to the color of the photo - kiosk . Councilman Powers felt it was not the Board ' s business to legislate the color of the roof . He said if it is in violation of the ordinance the change of color would not make it less a violation . Mr . Powers said he was not even .convinced that it is a non - conforming sign . Councilwoman Raffensperger said that under the circumstances it would be nice to have a compromise . During the discussion alternatives were suggested - - free - standing sign , putting the sign on the basic structure at some loca - tion rather than on the roof . However , it was the general consensus that none of these alternatives would improve the appearance and might even detract therefrom . During the discussion it was evident that Councilman Powers , Councilman McElwee , and Councilman Del Rosso were not convinced that the Town ought to be involved with respect to the color of the roof . Councilwoman Valentino. said that she and Councilwoman Raffensperger had been received the bulk of calls from persons in the neighborhood ; that she was sure that Mr . Knowlton wanted to cooperate with people in the area who are his neighbors , that many people object to the sign and the color of the roof ; that she hoped that Mr . Knowlton and his company would be willing to paint the roof in conformance with the general decor of the rest of the East Hill Plaza . She said she felt that would be the best option and a reason - able compromise . Mr . Knowlton said he was at the Board ' s disposal and that he and his company would accept the Board ' s decision . Councilman Del Rosso felt that by granting a variance based upon a change of color would set a kind of precedent . Supervisor Desch said he agreed that was a concern . He suggested , therefore , that rather than base : the granting of the variance upon a color change that a resolution might be adopted granting a variance and if the owner to paint the roof a color more in accordance with the general decor of the Plaza . Motion by Councilwoman Valentino ; seconded by Supervisor Desch , RESOLUTION NO . 89 , 1979 RESOLVED , that the Town Board of the Town of Ithaca grant , and hereby does grant , a variance from the requirements of the Town of Ithaca Sign Ordinance to allow the placement at the East Hill Plaza of the Picture Island sign , as proposed by Groff Associates , and encourages them to consider changing the color of the roof to one , namely , sandal - wood - beige , which is judged to be more compatible with the East Hill Plaza decor . ( Desch , Raffensperger , Valentino and Del Rosso voting Aye . Freeman , McElwee , and Powers voting Nay ) The motion was , therefore , adopted . Town Board Minutes - 3 - May 21 , 1979 " THE ART COLONY " - MONKEMEYER Supervisor Desch stated that on May 7 , 1979 the Town Board conducted a public hearing to consider the rezoning of the " Art Colony . " Questions were raised at that time , primarily having . to do with the completeness of the drawings and the need for a legal description of the parcel to be rezoned . Supervisor Desch asked for a report from Mr . Fabbroni on the status of the construction drawings . Mr . Fabbroni reported with respect to the drawings that the Town now has a lot of additional information since the Board met last . He said , however , that he had not had an opportunity to go over the plans in detail . He said there is a complete set of drawings for the building insofar as the structure is concerned ( sprinkler system , plumb- ing , etc ) . He said substantial work has gone into the development of plans for the building . Councilman Powers asked if at this stage , with respect to any project , would Mr . Fabbroni expect the plans to be 100 % complete . Mr . Fabbroni said he did not think so . He said this project is not much different than- . any other project at the same stage . Councilman McElwee and Councilman Freeman were concerned how the property in question related to the surrounding properties , what its proximity was to neighborhing buildings or properties . Considerable discussion followed with respect to side yard , front and rear yard requirements , height of buildings , Code requirements , parking , etc . After the discussion , Supervisor Desch said that rather than proceed without having had the Town Engineer ' s complete review , it would be best to defer action until June 11 . At that time the Board would expect to have the Town Engineer �` S' complete review , an overall plan of the Whole area and how it relates to the surrounding area , a detailed layout of the parking spaces , building heights , etc . HOMESTEAD TERRACE PARCEL PROPOSED EXEMPTION OF CITY LAND IN THE TOWN OF ITHACA - TAX PARCEL 59 - 2 - 25 . 1 Supervisor Desch said this refers to a small parcel at the rear of Homestead Terrace owned by the City of Ithaca , Tax Parcel No . 59 - 2 - 25 . 1 being considered from exemption from Town taxes , the parcel being located in the Town of Ithaca . This matter was held in abeyance to determine exactly what the property is used for and who maintains it . APPOINTMENT OF COUNTY REPRESENTATIVE Supervisor Desch said that at the meeting . of May 7th the matter of the appointment of a County Representative to replace Mr . Loran Marion was deferred because there was some indication other candidates might be interested , in addition to Mr . Freeman and Mr . Aron . There are three names available now - - W . Earle Tallmade , Gust L . Freeman , and Henry Aron . Supervisor Desch noted again that should Mr . Aron or Mr . Freeman be appointed they would be required to resign from their respective positions on the Planning Board and the Town Board . Mr . Freeman questioned whether it was necessary for him and for Mr . Aron to resign their positions . Councilwoman Raffensperger also raised the question . The Town Attorney quoted no law that was precisely applicable to this situation , He recommended , however , that the appointment be made effective a certain date and the resolu - tion of appointment be made contingent on the fact that the person chosen would have to resign his position prior to such appointment . o�� b Town Board Minutes - 4 - May 21 , 1979 RESOLUTION NO . 90 , 1979 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that this Town Board appoint , and hereby does appoint , Mr . Henry Aron as Town of Ithaca Representative on the Tompkins County Board of Representatives to fill the vacancy created on that Board by the resignation of Mr . Loran Marion , appointment to be effective May 23 , 1979 . ( Del Rosso , Valentino , and Raffensperger voting Aye . Desch , Freeman , McElwee , and Powers voting Nay ) The resolution , therefore , was not adopted . RESOLUTION NO . 91 , 1979 Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , that this Town Board appoint , and hereby does appoint , Gust L . Freeman to the Tompkins County Board of Representatives to fill the vacancy created by the resignation of Mr . Loran Marion , such appointment to become effective May 23 , 1979 , it being under - stood that this appointment is contingent upon the submittal of a letter of resignation from Mr . Freeman with regard to the seat on the Ithaca Town Board , on or prior to this date ( May 23 , 1979 ) 0 ( McElwee , Powers , Desch and Del Rosso voting Aye . Raffensperger and Valentino voting Nay ) The resolution was thereupon declared duly adopted . Supervisor Desch thanked Mr . Tallmadge and Mr . Aron for expressing interest in serving on the County Board of Representa - tives . He said he wished also at this time to formally declare that a vacancy now exists on the Town Board of the Town of Ithaca . He said action with regard to this vacancy should be taken no later than the July meeting . ZONED BILLING OF WATER USE CHARGES Supervisor Desch reminded the Board that this matter was discussed at the last meeting . Further study indicates that there are no weak links in the proposed method . As far as the Town of Ithaca is concerned , it will mean that customers will receive bills in September rather than October ; then three months thereafter from then on . Users in Cayuga Heights will receive a normal July bill for a three month period and then be billed in August for a two - month period and the minimum assessment on that water bill will be two thirds of a normal billing . Users in the Village of Lansing , Town of Lansing , and Town of Dryden would see no change whatwoever in their billing date . The Supervisor said this method will help the Bolton Point operation and spread the work - load of municipal clerks . Water revenue will be received every month rather than four times a year . Supervisor Desch recommended that the Town of Ithaca go on record in support of a zoned billing concept . This would be - come , ef £ ective July 1 and announcement will be made in the News - letter which will be published before July 1 so that the customers will get the word before bills are received under the newly proposed method . Town Board Minutes - 5 - May 21 , 1979 RESOLUTION N0 . 92 , 1979 Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Town Board endorse , and hereby does endorse , the concept of zoned billing of water customers in the maunici - palities participating in the Bolton Point water system , as recom- mended by the Southern Cayuga Lake Intermunicipal Water Commission . ( Freeman , Raffensperger , Valentino , Powers , Del Rosso , McElwee and Desch voting Aye . Nays - none ) PROPOSED . METHOD OF ASSESSING WATER AND SEWER BENEFIT CHARGES TO ' DEVELOPERS WHO HAVE INSTALLED WATER AND /OR SEWER LINES Supervisor Desch stated that developers are required to extend water and sewer lines in subdivisions and the Town charges water and sewer benefit charges on the basis of frontage , acreage , and otherwise . Several developers have expressed concern that there are subdivided lands which remain vacant for a considerable number of years and the developer must amortize the cost of that development . They are fully assessed as though all the lots were already built upon . The Town is now proposing to assess benefit on such improved lots on an acreage basis for a limited period of time ( perhaps three years ) or until there is a transfer of title of the particular lot to a private owner . Councilwoman Raffensperger reminded that the Board was to receive an idea of how many water and sewer benefit units would be lost to the Town should this proposal be adopted . Mr . Fabbroni said he would have more details on this pro - posal at the next meeting . Therefore , no action was taken at this time . JOHN HERTEL . SEWER MATTER The Board considered a request from Mr . John Hertel to extend the sewer line to his property line behind the Loucks property . After some discussion it was the consensus that since his building was constructed after the five - area sewer project first went to bid , it was not appropriate to extend the sewer to his property , but that he would not be required to connect his new home to the sewer system . It was agreed that Supervisor Desch would write a letter to Mr . Hertel about this matter . SUMMER WORK STUDY PROGRAM RESOLUTION N0 . 93 , 1979 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that this Town Board appropriate , and hereby does appro - priate $ 300 . 00 to create a work study position for the Town of Ithaca Planning Department for the summer . ( Freeman , Valentino , Raffensperger , Del Rosso , Powers , McElwee , and Desch voting Aye . Nays - none ) MANUAL SERVICES WORKERS - CORRECTED TITLE Mr . Fabbroni reported that Civil Service regulations for CETA projects require a change in the title LABORER TRAINEE set out in Resolution No . 75 , 1979 , adopted at the May 7 , 1979 meeting . Therefore , the Board acted as follows : Town Board Minutes - 6 - May 21 , 1979 RESOLUTION N09 94 , 1979 Motion by Supervisor Desch ; seconded by Councilman Powers , WHEREAS , the Town Board of the Town of Ithaca has approved • Comprehensive Park and Open Space Plan , and WHEREAS , the Park Committee of the Town Board has developed • ten - year . plan for implementation of the Comprehensive Park and Open Space Plan , including low maintenance level off - street play areas in each neighborhood , bikeways , and preservation areas , and WHEREAS , the Town of Ithaca has applied for and been awarded CETA Project 6028 - 79 - 096 for first stage development of" Tareyton Road Park , East Ithaca Bikeway and Jogging Path , Eastern Heights Park , Northview Road West Park , and Salem Drive Park in accordance with the ten -year plan for implementation , and WHEREAS , CETA Project 6028 - 79 - 096 provides a total grant of $ 68 , 619 . 00 for eight workers and a project aide for a minimum period of time from March 26 , 1979 to September 30 , 1979 and a maximum period of time without allowable extensions from March 26 , 1979 to January 26 , 1980 . BE IT RESOLVED . That four positions with the MANUAL SERVICES WORKER job classification of the Town of Ithaca be created , contingent ' '. upon approval by the Tompkins County Civil Service and CETA Office . ( Freeman , Raffensperger , Valentino , McElwee , Powers , Del Rosso , and Desch voting Aye . Nays - none ) TELEVISION FRANCHISE Councilwoman Valentino said she now had available copies of the new TV franchise . ( These are $ 2 . 00 a copy ) . Included in the package is the Cable TV subscribers ' handbook . The blanks must be filled in by the municipalities in the model franchise . Council - woman Valentino said there are only two options open : ( 1 ) to accept the new model franchise or ( 2 ) to keep the current franchise . There is no real option to make changes or negotiate further about the new franchise . The model franchise must be accepted or the municipality must revert to the old one . Councilwoman Valentino did say , however , that the . . model franchise includes most of the changes which the Town br . the TV Cable Commission had recommended . Councilwoman Raffensperger said she objected to the fact that the cable company ( Ceracche -ATC ) no longer makes available the yearly fee schedule , that no information is furnished in that regard . Councilwoman Valentino said this resulted from a . problem in a change - over to another computer company . She said , however , that this will be corrected next year . Subscription by the year will be available . Councilwoman Valentino requested that each Board member and any other interested parties should read the model franchise , . compare it with the old franchise , and make final comments or sug - gestions . NOTE OF THANKS Supervisor Desch said a card has been received addressed to the Board , Town Staff , and Town Supervisor , from Councilwoman Raffensperger , which reads as follows : " Thank you for the gift to the American Cancer Society in my mother ' s memory . I , and my family , are most appreciative of your kindness and concern . " Town Board Minutes - 7 - May 21 , 1979 TOWN OF ITHACA WARRANT RESOLUTION N0 . 95 , 1979 Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Town Board hereby approves payment in the amount of $ 1 , 500 . 00 to the Tompkins County SPCA , representing first quarter payment , January 1 through March 31 , 1979 , on $ 6 , 000 . 00 contract with the Tompkins County SPCA for services with regard to dog control in the Town of Ithaca . ( Freeman , Valentino , Raffensperger , McElwee , Powers , Del Rosso , and Desch voting Aye . Nays - none ) SEWER BOND ANTICIPATION NOTE Supervisor Desch recalled that sewer bond anticipation note was issued June 9 , 1978 and recommended that it be renewed at this time , with the understanding that it may be desirable to go to the market this summer . RESOLUTION NO . 96 , 1979 Motion by Supervisor Desch , seconded by Councilman McElwee , RESOLVED , that this Town Board hereby authorize , and hereby does authorize , the Town Supervisor to execute a renewal of sewer Bond Anticipation Note for a one year period beginning June 9 , 1979 in the amount of $ 500 , 000 , at the lowest interest rate available through local banks . ( Freeman , Raffensperger , Powers , Valentino , McElwee , Del Rosso , and Desch voting Aye . Nays - none ) SEWER PROJECT - VALLEY VIEW , WEST HAVEN , AND SLATERVILLE ROADS Mr . Fabbroni and the Supervisor recommended that the Board approve the cost of preliminary and detail design study for the extension of sewer service to Valley View , West Haven , and Slater - ville Roads . Councilman McElwee asked if this work could be done in - house . Mr . Fabbroni said this was not possible considering the present work load . Councilwoman Raffensperger noted that this was a preliminary step . The Town at this time has not yet decided to actually do the extensions . Mr . Fabbroni , however , said that Town intended to do the preliminary design . RESOLUTION NO . 97 , 1979 Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that Lozier Engineers be retained to perform the pre - liminary and . detail design study with regard to sewer extensions to Valley View , West Haven , and Slaterville Roads , at the proposed cost of $ 8 , 600 . 00 for services through the bidding stage . ( McElwee , Freeman , Del Rosso , Valentino , Raffensperger , Powers , and Desch voting Aye . Nays - none ) EXECUTIVE SESSION RESOLUTION NO . 98 , 1979 Motion by Supervisor Desch , seconded by Councilman . McElwee , RESOLVED , that this Board will retire into executive session to discuss a pending lawsuit brought by Harry R . Keller and Maureen M . Schmitt against the Planning Board of the Town of Ithaca , Jonson Homes , Inc . , and Ivar Jonson . ( Freeman , Raffensperger , Valentino , Del Rosso , McElwee , Powers and Desch voting Aye . Nays - none ) X32 Town Board Minutes - 8 - May 21 , 1979 RECONVENE AND ADJOURNMENT The Board duly reconvened in open session and there being no further business to conduct at this time , the meeting was duly adjourned at 7 : 45 p . m . and L . Bergen Town Clerk