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HomeMy WebLinkAboutTB Minutes 1979-12-10 gr TOWN OF ITHACA TOWN BOARD MEETING December 10 , 1979 - 5 : 30 p . m . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County. , New York , held on the 10th day of December , 1979 , at 5 : 30 p . m . , at - the Town Hall at 126 East Seneca Street , Ithaca , New York , there were PRESENT : Noel Desch , Supervisor Andrew W . McElwee , Councilman ® Victor Del Rosso , Councilman Robert N . Powers , Councilman Catherine Valentino , Councilwoman ® Shirley Raffensperger , Councilwoman George Kugler , Councilman ALSO PRESENT : Lawrence P . Fabbroni , Town Engineer James V . Buyoucos , Town Attorney Robert Parkin , Highway Superintendent Barbara Restaino , Planner Henry Aron , Planning Board Chairman Lewis Cartee , Building Inspector Jean H . Swartwood , Administrative Supervisor Beverly Livesay , County Representative Allen S . Becker Marc A . Cramer , 300 Cayuga Heights Road Janice Crombie , 509 Five Mile Drive Helen DeGraff , 122 West Haven Road Stan Green , 720 Elm Street Extension Martin Greenberg , 315 N . Geneva Street Eva Hoffmann , 4 Sugarbush Lane Roald Hoffmann , 4 Sugarbush Lane Gerald Hubbell , Bostwick Road Lois D . King , 181 West Haven Road David L . Klein , 131 West Haven Road Dr . Arthur P . Kraut , Elm Street Extension Noemi Kraut , Elm Street Extension Sam Leonardo , 569 . E1m Street Louis Mobbs , 619 Five Mile Drive Carol W . Ridall , 170 Seven Mile Drive James A . Ridall , 170 Seven Mile Drive Hilda Sine , 214 Culver Road Norma Stevenson , 115 West Haven Road Alice Terlouw , 603 Five Mile Drive ® Peter R . Hoover , Paleontological Research Institution ® Representatives of the Media : Matt Leone , Ithaca Journal Kimberly Adams , WTKO Syd Waldman , WHCU Radio - PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . APPROVAL OF MINUTES Motion by Councilwoman Raffensperger ; seconded by Councilman McElwee , RESOLUTION NO * 234 , 1979 RESOLVED , that the Minutes of September 17 , and October 9 , 1979 be approved - ' as presented by the Town Clerk . ( McElwee , Valentino , Kugler , Raffensperger , and Desch voting Aye . Nays - None ) { Ql Town Board Minutes - 2 - December 10 , 1979 SUPERVISOR ' S REPORT Sales Tax - Heating Fuels Supervisor Desch reported that he was disappointed that the County Board of Representatives voted against removing half the sales tax on heating fuels . He said there was some indication that the County Board voted in the negative because removal of the sales tax would discourage energy conservation . The Supervisor said he found that position ludicrous , because fuel prices are already so high that there is enough incentive to find a way to burn something other than fuel oil . He equated the County Board ' s action with the oil suppliers taking advantage of windfall profits because of increases that OPEC brought about . He did not feel it fair that revenue is generated on an item so highly inflated in price . He said he did • not think it is justifiable budgeting policy on the County ' s part . Supervisor Desch said that an opportunity has been missed here for government to recognize the real inequities which result from a sales tax on an item that consumers have so much difficulty in controlling use , that consumers have gone about as far as they can in curtailing usage . He stated also that persons on fixed income are hit the hardest , in spite of other state programs to help them . Supervisor Desch recommended that citizens put some pressure on government to reverse this decision in the year ahead . Mrs . Livesay noted that the removal of the sales tax would have benefitted the average homeowner about $ 20 . 00 . Supervisor Desch said that it is the principle that counts ; that it means the County is collecting additional revenue as a result of inflation . Mrs . Livesay said that would be true if the County were taking the money and squandering it . She said what counts is what is paid for heat as against the average value of property . She said if the heat bill runs higher than average in a house evaluated below the average there is a gain and vice versa ( except for commercial property ) . Multi - County Solid Waste Project Supervisor Desch reported that Cornell University has ex - pressed some concern about continuing to pursue the Multi - County Solid Waste Project . He hoped that view would not be misconstrued because there are a number of valid concerns raised by Cornell , but they are not problems which cannot be resolved . He said he hoped the County would continue to look at alternatives to the present method of solid waste disposal . A new way of disposal must be found . He said that Cornell University is not charged for landfill costs whereas virtually all other users are . A more environmentally responsible solution must be found , he said , or the community must be prepared to pay the price . He said he did not consider the project • " dead " at this time . Supervisor Desch expanded his remarks , saying he did not interpret Cornell University ' s recent statements to mean that the project is dead . Cornell ' s valid concerns need to be addressed before the studies proceed : He said he hoped the County • Planning Staff will make every effort to find environmentally acceptable solutions . Sewer System Upgrading Supervisor Desch reported that a public information meeting on this $ 28 , 000 , 000 project will be held tomorrow ( December 11 ) at City Hall . One of five or six major treatment alternatives will be recommended as the most environmentally appropriate and cost effec - tive . The presentation will be quite detailed , he said . He said " If you have a concern about your pocketbook , you should attend that meeting ; it is open to the public . " He said the favored alterna - tive would involve abandoning , basically , the present facilities Town Board Minutes - 3 - December 10 , 1979 south of Rt . 13 , most of which are rather antiquated , except for the sludge drying building which is only 12 years old . He said the plan from that standpoint is sensible because it will make the operation a lot more efficient in not having the highway in between every major segment of the treatment process . Agriculture District # 8 Supervisor Desch reported that the County Board of Repre - sentatives recently passed a resolution establishing Agriculture District # 8 . After the fact , the Town of Ithaca has learned that a 40 -acre parcel on South Hill , owned by Willis D . Hilker , was in - cluded in that district . He said he told Mr . Hilker he would be discussing this matter with the Town Board tonight and would oppose ® the parcel ' s inclusion in the district and the process by which it was included at the last meeting of the Board of Representatives . He said he was not saying that that particular parcel should not be included in an agriculture district but not in an isolated way as it came about . Half of the 40 acres are tillable ; the other half is a ravine . There is a large area along the abandoned rail - road north of Coddington Road which is excellent farmland owned by several property owners . Mrs . Restaino described the parcel with a map of Agricul - ture District # 8 ( the cross - hatched area ) . She noted that it is not contiguous to the rest of the district . Councilman McElwee said he thought it had to be contiguous and , therefore , could not be included . Supervisor Desch said the timing is bothersome . He said the original petitioners for the Agriculture District # 8 did not involve any interest within the Town of Ithaca , but Mr . Hilker has been interested in including his land in an agriculture district for some time and he asked the County planners to piggy - back the parcel in this district . Mrs . Restaino described the parcel in terms of location with respect to Township lines . Supervisor Desch said the land in Agriculture District # 6 is not shown on that map . The neigh - boring farmers were not notified of the interest and the inclusion of the Hilker parcel . Mr . Aron wondered why that particular parcel of 40 acres was singled out . Supervisor Desch said that from a planning point of view it does not make sense to analyze parcels on that kind of limited ad hoc basis . Implications for the whole area should be considered . He said from what he knew about the property owners on that side of Coddington Road , there would be a lot of interest . It is below what would probably be a water and sewer service area . ® He said the County Health Department is going to be reluctant to give health permits on those areas which overlook the reservoir . ® Councilman McElwee asked if it was not illegal to include it . Supervisor Desch said that it . is , procedurally . Councilman McElwee said it should be contiguous . Councilwoman Raffensperger said all of them in Tompkins County have been contiguous , but in other counties there have been approvals of parcels which are not contiguous . The process is deficient under the law . RESOLUTION NO . 235 , 1979 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Supervisor of the Town of Ithaca is hereby authorized to write to the Commissioner of the Department of Environmental Conservation to request that the 40 - acre parcel of land in the Town of Ithaca , owned by Willis D . Hilker on South Hill ( Tax Map Parcel No . 48 - 1 - 14 . 3 ) , proposed for inclusion in Agriculture District # 8 , be removed . �v\ Town Board Minutes - 4 - December 10 , 1979 ( Valentino , McElwee , Kugler , Del Rosso , Powers , Raffensperger , and Desch voting Aye . Nays - none ) Mrs . Livesay asked the Board whether they would like to have her bring this matter before the County Board of Representa - tives . The Board said they would . . Mrs . Livesay said she had raised all the questions of the .Town Board at the County meeting and more , and had asked for a postponement until today ' s meeting . She said she tried to persuande the Board of Representatives to hold off until a follow- up meeting to make a decision , but they would only hold off until the end of the meeting of Representatives held earlier in the day . She felt they still had an opportunity to amend things since the next meeting was technically an adjourn - ment of today ' s meeting . Mr . Fabbroni said he had told Frank Liguori that this • parvel of land had been discussed as agricultural land in the past insofar as whether it was viable agricultural land . From the Planning Board point of view , they said yes , it is reasonable to zone this land to agriculture . He said that happened a year and a half ago and we still have not changed the map as part of the overall zoning map change . Mrs . Livesay said that , technically , she felt she might still be able to have the County Board rescind its resolution . She said that procedurally it is necessary to have done this at today ' s meeting as adjourned . She said she would check with Mr . Robert I . Williamson , County Attorney , to see whether the parcel could be removed from the Agriculture District # 8 . TOWN ENGINEER ' S REPORT Cold Storage Building Mr . Fabbroni reported that the poles are set in place . Consideration of the materials bid will be taken up tonight so that the materials may be ordered . Mr . Fabbroni reviewed again the decision to build a pole barn type structure of wood with a conventional shingle roof as opposed to a metal building . Supervisor Desch inquired what is included in the materials bid . Mr . Fabbroni said roof trusses , plywood , shingles , nails - - a package easy to identify without consideration of minor items of small monetary value . Councilman Del Rosso asked if the bids are firm and fixed and not subject to alterations . He noted that two of the bids are very close . Mr . Fabbroni said he would have to recommend the low bid because of the unit price figures , and the need for any additional materials would not upset the relative order of the bidders . RESOLUTION N0 . 2361r 1979 • Motion by Councilman Del Rosso ; seconded by Councilman McElwee , WHEREAS , on December 31 1979 , bids were received for • the purchase of building materials for a storage facility for the Town of Ithaca , New York ; and WHEREAS , the Town Board has carefully considered the Town Engineer ' s report on these bids , NOW , THEREFORE , BE IT RESOLVED , that award be made of an order to purchase to the following : 89 Lumber & Supply Co . , Inc . , 412 Taughannock Boulevard , Ithaca , New York , 14850 , for a total bid amount of $ 5 , 111 . 25 . ( McElwee , Kugler , Valentino , Powers , Raffensperqer , Del Rosso , and Desch voting Aye . Nays - none ) Town Board Minutes - 5 - December 10 , 1979 Concord Place Mr . Fabbroni noted that the Town had in the past accepted a letter of credit with regard to Concord Place . The . road has now been completed to Town specifications . Mr . Fabbroni recommended that the Town Board adopt a resolution releasing the letter of credit to Decahedron , Inc . in the name of Otto Schoenfeld . RESOLUTION NO . 2371r 1979 Motion by Councilman Kugler , seconded by Councilman Powers , ® RESOLVED , that based upon the report of the Town Engineer that Concord Place has been completed to Town specifications , this Town Board hereby authorizes the release of letter of credit of Deca - hedron , Inc . ( in the name of Otto Schoenfeld ) heretofore submitted to the Town of Ithaca . ( McElwee , Valentino , Raffensperger , Del Rosso , Powers , Kugler , and Desch voting Aye . Nays - none ) Northeast Transit Mr . Fabbroni reported that the Town has been billed for deficits of $ 1 , 299 in September and $ 1 , 335 . 15 in October , and $ 1 , 115 . 00 in November . He explained the intricacies of the billing for these deficits . These billings are part of the warrants dated December 10 , which are expected to be approved at this meeting . Crosstown Road Mr . Fabbroni reported he was . invited to a , meeting with Cornell University representatives , County officials , and several representatives of Forest Home to discuss in a general way the proposed corridor for the cross - town road . Mrs . Livesay was at the meeting and Mr . Tillapaugh represented the County policy -making group . The discussion was most immediately focused on the corridor between Rt . 366 and Rt . 13 , in the vicinity of where the B - 1 alterna - tive would tie into Rt . 13 . As part of the discussion , a corridor from Rt . 366 to Pine Tree Road was considered . He said Cornell made it clear that that alternative was second on their list of priorities ; that their consultant will prepare further recommendations at which time there will be further discussion . He said it is a major step forward to see that Cornell University had hired a consultant . Supervisor Desch asked Mrs . Livesay if she considered it a significant step forward . She said it is a positive step in that Cornell is interested in having people think about it and that the involved communities will have a role in it while Cornell is thinking ® about . it . She said too often in the past communities have learned that Cornell Universitylis planning something other than they thought . Supervisor Desch said he would make it stronger than that - - that Cornell University has been unwilling to accept its responsibility ® on the cross - town road . Sewer Extensions Mr . Fabbroni reported that it is expected that work will be done on this next week ( Valley View Road , West Haven Road , and Slaterville Road . The Town has requested a stake - out this week . Stone Quarry Road Mr . Fabbroni reported they are still waiting for delivery of pressure reducing valves . The installation of these valves and vaults is all that remains to be done except for clean - up which will be done in the spring . He said there are not a lot of change orders associated with the job ; that roughly 75 % of the money has been approved for payment to this point . Town Board Minutes - 6 - December 10 , 1979 Supervisor Desch remarked that the contractor has done an excellent job of " buttoning up " the roadway for the winter . Five - Area Sewer Extensions Mr . Fabbroni reported that all but $ 500 has been released on this project , which has been withheld for re - seeding . There are also three or four easement situations to be resolved in the way of landscaping and beautification . Trumansburg Road , Northview Road , and Troy Road Tanks As soon as the County Health Department engineer has . approved the contracts for this work , the Town will be able to go to bid , following also review by the Town Engineer and the Town Attorney . The work on these tanks will be coordinated with the • Bolton Point operation . The City of Ithaca will also be advised . Lisa Lane Subdivision Mr . Fabbroni said he has requested that no roadwork pro - ceed in this development until the sub - surface conditions are con - ducive to building a good road . There is a mud situation at this time .. Work should be delayed until the road dries out or freezes . He said there may be some inquiries as to why the road is not being built at this time . ROUTE 13 MEETING Mrs . . Livesay reported that the Route 13 meeting had a surprise outcome . Most of the people tend not to favor the B - 1 corridor . However , another meeting will be held in January ( 1980 ) SOLID WASTE DISPOSAL Mrs . Livesay said the County Board of Representatives does not yet have the engineering report on this matter . She said the volume of what is being disposed of should be looked into and the composition of it ; and what alternatives there are . She said the Town Board should give some thought to that . LIGHTING IN EASTWOOD COMMONS Mrs . Livesay reported she still has calls from people on Honness Lane about a light at what was to have been an entrance in that development . She said the Town Board ought to consider those appeals and if , in fact , it does not light an intersection • whether there is a need to have a light there . Supervisor Desch said the Town Engineer will look into this and make a recommenda - tion to the Board . • HIGHWAY SUPERINTENDENT ' S REPORT Mr . Parkin reported that because of the favorable weather the department has been working on the shoulders of rr7own _­r:oaLds . They are staking fire hydrants and working on the bikeways with the bull - dozer . Work is being done on the cold storage building . The depart - ment has been installing some culverts and cleaning ditches , hauling salt and sand , and preparing the equipment for the snow to come . g �7 Town . Board Minutes - 7 - December 10 , 1979 REPORT OF PLANNING BOARD CHAIRMAN . Mr . Aron , Chairman of the Planning Board , summarized his report . His complete written report follows : " 1 . The Planning Board met in joint session with the Town Board and Zoning Boardlof Appeals on November 20 , 1979 , to discuss the revisions proposed for the zoning ordinance . Each of the various Board members has those Minutes in hand . " 2 . The Planning Board met on December 4 , 1979 , with seven members present , Mrs . Bronfenbrenner being absent , in Work Session , at 7 : 00 p . m . until 8 : 10 p . m . , and in regular session commencing at 8 : 10 p . m . ® a . The Planning Board had before it the proposed revisions for the sign ordinance and proceeded approximately half way through the document . This discussion will be con - tinued in January , 1980 . b . Since over one hour had been spent on the sign ordinance amendment , the discussion of the Planning Board procedures , which were also before the Planning Board members , was post - poned until January , 1980 . c . A Public Hearing to consider the Final Subdivision Approval for the Lagrand E . Chase subdivision off Ridgecrest Road had been scheduled , but was cancelled after Mr . T . G . Miller appeared before the Board to inform the Board that certain economic constraints in relation to the sewering of the pro - ject had arisen . Mr . Chase and Mr . Miller will advise the Secretary when the Hearing may be rescheduled and readvertised . d . The Planning Board Minutes of November 6 , 1979 , were not approved and will undergo further scrutiny by the Board in January 1980 . There appeared to be several problems with the text submitted by Ms . Perry . e . A Public Hearing to consider Final Subdivision Approval for 3 - lot Subdivision , 1698 Slaterville Road , as proposed by Mr . Charles Foote was held . i . By Resolution moved by Mr . Mazza , seconded by Mr . Aron , and a unanimous vote in the affirmative , the Planning Board granted Final Subdivision Approval for 3 - lot Subdivision , 1698 Slaterville Road , Town of Ithaca Tax Parcel No . 6 - 56 - 3 - 14 , as proposed by Mr . Charles Foote , with the condition that the deeds conveyed with these lots are subject to and granted for the rights of way over the ® existing driveway . ii . In addition , the following Resolution , moved by Mr . Mazza and seconded by Mr . Stanton , and a unanimous vote in . the affirmative , was adopted by the Planning Board . WHEREAS , the Planning Board approved Sectiod Two ,, Eastern � Neights Subdivision , June 11 , 1968 , with no apparent provision for access . to the Charles Foote property south of such subdivision , Block 5 , Lots 2 through 4 , plus Park ; and WHEREAS , over the last eleven ( 11 ) years no other access along more suitable grades has been provided through the lands of Frandsen and Blanpied ( formerly Eipper ) to the west to said Foote property ; and Town Board Minutes - 8 - December 10 , 1979 WHEREAS , the property of Charles Foote within the Town of Dryden to the east of his property here in question has no present designated access through adjacent lands in the Town of Dryden ; and WHEREAS , the Town of Ithaca was given a portion of Section Two , Eastern Heights Subdivision including Block 5 , Lots 2 through 4 as part for a park and part for general purposes , and WHEREAS , access from Slaterville Road within the Foote property both in the Town of Ithaca and the Town of Dryden is undesirable because of topography , NOW , THEREFORE , BE IT RESOLVED , that the Planning • Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that the Official Map of the Town of Ithaca be amended to include a proposed access from the Frandsen property through the property taken for general purposes to the Foote property until such time that a more preferred and accessible access through the present Blanpied property or adjacent lands in the Town of Dryden is officially identified , and further RESOLVED , that any disposition of property .by Mr . Foote in the Town of Dryden will keep open access through that land to his Town of Ithaca parcel with any failure to adhere to this stipulation invalidat - ing any guarantee of access by the Town of Ithaca , and FURTHER RESOLVED , that Mr . Foote convey to the Town of Ithaca an equal amount of acreage of land taken to provide him with this access from his land im- mediately south of the present Town of Ithaca land , and FURTHER RESOLVED , that this resolution be recorded by Mr . Foote in the Tompkins County Clerk ' s Office with sufficient identification that it will be in - cluded in any abstract of title compiled on any of the Foote property in the Town of Ithaca or the Town of Dryden . f . An application for sign permit was reviewed once again by the Planning Board for the Paleontological Research Institution on Trumansburg Road . The proposed signage is to be a two - faced sign , back - to - back , same copy on both sides , 24 sq . ft . , more or less , no lights , black on white located 52 feet from the center line of Route 96 • and set back 19 feet from the edge of the right of way . By unanimous vote upon motion of Mrs . Grigorov , seconded by Mr . Baker , the Planning Board resolved that it be their recommendation to the Town Board to approve such sign . g . Mr . Evan Monkemeyer appeared before the Board , although not on the agenda , and informally discussed his 5 - lot subdivision on East King Road which presently has been granted preliminary subdivision approval . His plans for the sewer extension , as drawn by T . G . Miller were looked at and discussed . The Planning Board agreed that Mr . Fabbroni would go over the engineering drawings with Mr . Monkemeyer in order that he may submit them to the Health Department prior to the scheduling of a Public Hearing to consider Final Subdivision Approval . Town Board Minutes - 9 - December 10 , 1979 h . Reports were heard by the Planning Board from the Town Planner , the Town Building Inspector , the Town Engineer and a written report from Mrs . Raffesnperger , the County Planning Board representative , was read and reviewed . i . Chairman Aron spoke to the Planning Board members with respect to the year ' s activities of the Board . Mr . Aron thanked the Board most warmly for his wonderful year with the Planning Board as its Chairman , and he thanked the Board members individually for their excellent work and ® devotion to duty . Mr . Aron transmitted to the Board the very kind words that had been expressed by Supervisor Desch at the last Town Board meeting about the Planning Board , its members , and its work . The members were most appreciative of the Supervisor ' s expression of support and look forward to receiving the Minutes . Mr . Aron continued and told the Planning Board members that not only have they done a good job in 1979 , the details of which they are most familiar with , but also it could not have been done without the key personnel who have spent hours and hours on the subjects that have come before the Planning Board . He stated that it has been his pleasure of_ working during the daytime with Mr . Fabbroni who has spent evenings , mornings , daytimes , work - ing for the Planning Board and for the public . Mr . Aron expressed his thanks and the Board ' s thanks to Mr . Fabbroni for his tremendous work and output . Mr . Aron asked that the record also show that Mrs . Restaino has also done a very fine job and is doing a very fine job for the Planning Department . Mr . Aron continued and said that as to Mrs . Fuller who is the right hand stay of this organization , if he may call it an organization , she has straightened out his English and has spent numerous hours , nights , evenings , early morn - ing hours at 7 : 30 a . m . you can find her here , and he cannot help but be admirable to her . Mr . Aron stated that he admires all the good , key personnel with the Town of Ithaca and the Town Board who has employed such personnel with such dedication . Mr . Aron stated that the taxpayers should be aware of and grateful for the Town staff and should know that in terms ® of dollar signs they are getting their money ' s worth . Mr . Aron again expressed his gratitude to the Planning Board members for which they were most appreciative . Mr . Aron asked that the test of his statement be a part of his report to the Town Board on December 10 , 1979 . j . By unanimous vote , voiced with pleasure , upon Motion .of Mr . May , seconded by Mr . Baker , the Planning Board resolved they would like to recommend that Mr . Aron be appointed as Chairman of the Planning Board for the year 1980 , and that the Town Board so appoint Mr . Aron as Planning Board Chair - man , 1980 . k . By unanimous vote , voiced with equal pleasure , upon Motion of Mr . Mazza , seconded by Mr . Aron , the Planning Board re - solved to . recommend to the Town Board that Mr . May be appointed as Vice - Chairman of the Planning Board for the year 1980 113 . Thank you , ladies and gentlemen . " Town Board Minutes - 10 - December 10 , 1979 Mr . Aron pointed out that this was his last meeting as Chairman of the Planning Board , that he had taken the opportunity to thank the Board warmly for his wonderful year , and he thanked the Board members individually for their excellent work and devotion to duty . APPOINTMENTS RESOLUTION NO . 238 , 1979 Motion by Councilman McElwee , seconded by Councilwoman Valentino , • RESOLVED , that this Town Board hereby re - appoints Mr . Edward Austin to the Zoning Board of Appeals of the Town of Ithaca for a term com- mencing January 1 , 1980 and ending December 31 , 1984 . • ( Kugler , Raffensperger , Del Rosso , Powers , Valentino , McElwee , and Desch voting Aye . Nays - none ) RESOLUTION NO . 239 , 1979 Motion by Councilwoman Valentino ; seconded by Councilman Powers , RESOLVED , that this. Town Board hereby re - appoints Mr . Henry Aron as Chairman of the Planning Board of the Town of Ithaca for the year 1980 . ( Raffensperger , Del Rosso , Powers , Valentino , Kugler , McElwee , and Desch voting Aye . Nays - none ) RESOLUTION NO . 240 , 1979 Motion by Councilman McElwee , seconded by Councilwoman Valentino , RESOLVED , that this Town Board hereby appoints Mr . Montgomery May as Vice - Chairman of the Planning Board of the Town of Ithaca for the year 1980 . ( Kugler , Del Rosso , Raffensperger , Powers , Valentino , McElwee , and Desch voting Aye . Nays - none ) RESOLUTION NO . 241 , 1979 Motion by Councilman Powers ; seconded by Supervisor Desch , RESOLVED , that this Town Board hereby re - appoints Mr . Peter Francese as Chairman of the Zoning Board of Appeals of the Town of Ithaca for the year 1980 . ( Kugler , Valentino , Raffensperger , Del Rosso , McElwee , Powers , - and Desch voting Aye . Nays - none ) RESOLUTION NO . 242 , 1979 Motion by Councilman Powers , seconded by Councilman McElwee , RESOLVED , that this Town Board hereby re - appoints Mr . Jack Hewett as Vice - Chairman of the Zoning Board of Appeals of the Town of Ithaca for the year 1980 . ( Kugler , Valentino , Raffensperger , Del Rosso , Powers , McElwee , and Desch voting Aye . Nays - none ) PALEONTOLOGICAL RESEARCH INSTITUTION - SIGN Mr . Fabbroni reported that the Paleontological Research Institution originally applied for a 25 square foot sign , two - sided each each side at 90 degrees to the passing traffic . When this Town Board Minutes - 11 - December 10 , 1979 proposal was brought to the Planning Board they felt it was not in the spirit of the Sign Ordinance . Mr . Hoover has now presented a more traditional two - sided sign which will be placed at an angle to the road . The Planning Board has received this proposal with favor . Therefore , the Board acted as follows : Motion by Councilman Powers , seconded by Councilman McElwee , RESOLUTION NO . 243 , 1979 RESOLVED , that the application of the Paleontological Research. Institution at 1259 Trumansburg Road , Ithaca , New York , for a two - sided sign , back to back , with identical copy on both sides , about 24 feet square , non - illuminated , black on white , located 52 feet from the center of Rt . 96 , is hereby approved by this Town Board . ® ( Kugler , Del Rosso , Raffensperger , Valentino , McElwee , Powers , and Desch voting Aye . Nays - none ) BUILDING INSPECTOR ' S REPORT Mr . Cartee reported that in the month of November 1978 the Town issued a total of 10 building permits in the amount of $ 400 , 500 , total fees received $ 195 . 00 ; in November of 1979 a total of 12 build - ing permits were issued at a total construction cost of $ 394 , 900 ; total fees received $ 207 . 50 . Mr . Fabbroni noted that many zoning violations have been investigated and some at this time have been resolved and completed . Others are pending or an acceptable response has been received from notified parties . The junk problem has finally been resolved at 119 Northview Road . The site has been cleared of all junk . Only a vehicle which can be considered a legitimate antique remains . The Supervisor congratulated the staff on this accomplishment . Councilwoman Valentino inquired how many building violations are being investigated at this time . Mr . Fabbroni said there are about twenty and that Mr . Cartee may be contacted for details . There is the possibility of litigation in some of these cases . Councilwoman Valentino said it is difficult for Board members to keep track of what cases are completed and which cases are still pending . Supervisor Desch said that it is a part of Mr . Cartee ' s charge and duty to keep the Board informed in this regard . Super - visor Desch did point out that there is the question of how these cases are reported without possibly compromising a case which later may be in litigation . Mr . Fabbroni noted also that there is the problem that in many cases the people are unknowingly in violation . He felt if their initial response is to come into compliance , there is no real need to air the case publicly . Supervisor Desch said he ® thought Councilwoman Valentino was referring to the " hard - core " cases . PARK WORKERS - CETA - 1980 Mrs . Restaino reported that the Town has submitted a CETA grant request for park workers for next year and should hear from the CETA agency shortly . This is renewal of manual workers . DEPUTY TOWN CLERKS - APPOINTMENTS Supervisor Desch said it is . appropriate at this time to appoint three Deputy Town Clerks for the year 1980 in order to be in position on a day to day basis to officially document regular items of business . He recommended , therefore , that the Board con - sider re - appointing Mrs . Cynthia Schoffner , Mrs . Nancy Fuller , and Mrs . Cathy Noyes as Deputy Town Clerks for 1980. Town Board Minutes - 12 December 10 , 1979 RESOLUTION NO . 244 , 1979 Motion by Supervisor Desch ; seconded by Councilman Powers , RESOLVED , that this Town Board hereby re - appoints Mrs . Nancy Fuller , Mrs . Cynthia Schoffner , and Mrs . Cathy Noyes as Deputy Town Clerks for the year 1980 . ( Kugler , McElwee , Valentino , Raffensperger , Del Rosso , Powers. , and Desch voting Aye . Nays - nbne ) APPOINTMENT OF TOWN CLERK - RESOLUTION NO . 245 , 1979 . Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that this Town Board hereby appoints Mrs . Jean H . Swartwood • as Town Clerk for the Town of Ithaca beginning January 1 , 1980 . ( Del Rosso , McElwee , Powers , Raffensperger , Valentino ; Kugler and Desch voting Aye . Nays - none ) APPOINTMENT OF RECEIVER OF TAXES Supervisor Desch noted that the Town has budgeted for the Receiver of Taxes as a separate entity and in order to provide con - tinuity for at least one year in a job which is very time consuming January through March , he recommended that Mr . Edward L . Bergen be appointed as Receiver of Taxes for the year 1980 . Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLUTION N0 . 246 , 1979 RESOLVED , that this Town Board hereby appoints Mr . Edward L . Bergen as Receiver of Taxes for the year 1980 for the mown of Ithaca . ( Kugler , Del Rosso , Valentino , Raffensperger , Powers , McElwee , and Desch voting Aye . Nays - none ) HOLIDAY AND VACATION SCHEDULE Supervisor Desch stated he had estimated it costs about $ 500 a year in lost productivity for each holiday . He recommended that the Friday after Thanksgiving , however , be added to the holiday list since most offices in Ithaca are closed on that day . The High - way Department , the Highway Superintendent , and the Town Engineer have recommended that the Board consider the possibility of increas - ing the vacation accrued for employees who work for the Town longer • than twenty years . Supervisor Desch suggested that the Board might consider adding one day per year over twenty years beyond the four weeks now authorized to a maximum of five days , or , a total of five weeks for those employees who have served for twenty - five years or more . Mr . Aron asked if vacation days are cumulative , that is , if they are not taken in one year , can they be added to the next year ? The Supervisor said they could not accumulate . ( This might be modified for an individual day here or there , but vacation time is not generally cumulative . ) Nor is any remuneration paid in lieu of vacation time not taken the Supervisor noted in answer to a question by Mr . Aron . After some discussion of the suggestions and recommendations above , the Board acted as follows : q3 Town Board Minutes - 13 - December 10 , 1979 RESOLUTIONd NO . 247 , 1979 Motion by Supervisor Desch ; seconded by Councilman Powers , . RESOLVED , that this Town Board hereby authorizes a holiday for the Town of Ithaca employees on the Friday following Thanksgiving each year . ( Kugler , Del Rosso , McElwee , Raffensperger , - Valentino , Powers , and Desch voting Aye . Nays - none ) ® RESOLUTION N0 . 248 , 1979 Motion by Councilwoman Valentino ; seconded by Supervisor Desch , RESOLVED , that employees of the Town of Ithaca having between ® fifteen and twenty years of service will receive one day per year after the fifteenth year for each year of service , one day per year been accrued beginning with the sixteenth year to a maximum of twenty - five days . ( Kugler , Del Rosso , McElwee , Raffensperger , Powers , Valentino and Desch voting Aye . Nays - none ) PUBLIC HEARING RULES AND REGULATIONS - BOLTON POINT Proof of posting and publication of notice of public hearing in the matter of adopting rules and regulations for the Bolton Point water system having been presented by the Town Clerk , the Supervisor opened the hearing . Copies of the Rules and Regulations were distributed as desired . Councilwoman Raffensperger asked if there were any sub - stantial changes in the document since the earlier discussions . Supervisor Desch said there were not . The present document in - cludes all the individual policies and decisions which have been made by the Southern Cayuga Lake Intermunicipal Water Commission over the past two years . The Supervisor then opened the hearing to comment from the Board and the public . Councilman McElwee and Councilwoman Valentino raised certain questions with respect to selection of words in the docu- ment and certain technical questions were raised by Councilman McElwee , in particular . These questions were considered by the Board and certain minor revisions were made . Councilwoman Raffens - perger was particularly concerned over the reference on page 10 to ® discontinuance of service . She wondered if the Commission has con - sidered some type of double notification so that service is not discontinued for non - payment without ample notification . Super - visor Desch said the policy has been to send out a series of three ® letters before discontinuance . By and large , the policy is very lenient and careful consideration is given before a discontinuance of service . Supervisor Desch felt the document does not have to be changed in this regard . Councilman McElwee referring to page 21 , paragraph 2 , of the document was concerned that the Commission does not " get into the business of thawing out services . " Supervisor y Desch said that the purpose of the document is to minimize the extent to which the Commission is involved because it places the responsibility in the proper place for accomplishing the thawing of the service . He said , however , that there are certain cases , unfortunately , where part of the service belongs to the Commission or the Town , and that must be taken into account , and thawing out must be done by the Commission. Town Board Minutes - 14 - December 10 , 1979 After the considerable discussion , and no. -. other persons appearing to be heard on this matter , the Supervisor closed the hearing and the Board acted as follows : RESOLUTION NO . 247 . , 1979 Motion by Councilman McElwee ; seconded by Councilman Del Rosso , RESOLVED , that this Town Board , after public hearing duly conducted this day , hereby adopts Rules and Regulations of the Southern Cayuga Lake Intermunicipal Water Commission with respect to water service and related matters in the Bolton Point service area , for the Town • of Ithaca , as appended to the master copy of these minutes . ( Kugler , Del Rosso , Raffensperger , Valentino , McElwee , Powers , • and Desch voting Aye . Nays - none ) PUBLIC HEARING TO CONSIDER A LOCAL LAW ESTABLISHING AND REGULATING BIKEWAYS IN THE TOWN OF ITHACA Proof of posting and publication of notice of public hear - ing to consider the adoption of a local law establishing and regulat - ing the use of bikeways in the Town of Ithaca having been presented by the Town Clerk , Supervisor Desch opened the hearing . The Supervisor read the proposed local law in full . The discussion that followed developed the fact that there are questions with regard to lighting the bikeways , hours of use , whether mopeds could be used , whether the paths could be used by skiers , snowshoeing , and the like . Questions also arose with regard to how the bikeways would be policed . In view of these questions , the Supervisor adjourned the hearing to December 31 for further input . EASTWOOD COMMONS LIGHTING Mr . Fabbroni reported the need for an additional light in the Eastwood Commons development , as one enters the drive of the complex . The intersection in question ' is the east -west direc - tion of Strawberry Hill Road on the north side . Mr . Fabbroni said he was not certain that a light in this location is one the Town would pay for or the developer would pay for . Mr . Fabbroni recom- mended that the Board authorize such a light and consider at a later date who will actually pay for the additional light . RESOLUTION NO . 248 , 1979 Motion by Supervisor Desch ; seconded by Councilman Powers , • RESOLVED , that this Town Board hereby authorizes the installation of alight at the intersection of the north end of the east -west • direction of Strawberry Hill Road in the Eastwood Commons develop - ment . ( Kugler , Del Rosso , McElwee , Raffensperger , Valentino , Powers , and Desch voting Aye . Nays - none ) TOWN OF ITHACA CONTRACT WITH BUREAU OF OUTDOOR RECREATION - CONSIDERATION OF GRANT FOR COY GLEN Supervisor Desch stated that this item has to do with the contract between the Town of Ithaca and the Bureau of Outdoor Recreation having to do with the preservation of Coy Glen . He noted this is not a public hearing , but that the Town Board is receptive to input on the matter because of its sensitivity , its Town Board Minutes - 15 - December 10 , 1979 implications , and importance . Supervisor Desch requested that each person who wished to speak should limit himself or herself to five minutes and that questions submitted could be answered outside the five minute limit . The Supervisor said he would not go into the history of the project at this time since the Board and many others present are aware of the pros and cons of the matter . He said there is a great deal of uncertainty at this time as to what the end product will be should the project go ahead . The Supervisor furnished a pro - posed resolution and outlined the process to be followed should the contract be executed . He said the proposed resolution specifically affirms that it is the Town ' s position it will not pursue condemna - tion to acquire any parcel in the project . He quoted from this sec - tion of the resolution . It is stated that way , he said , because this Town Board does not want to determine what a future Town Board might ® do . Should the contract be executed , he said , the funding agency would be advised that it is not the . Board ' s intention to acquire property by way of condemnation in order to implement the project . Supervisor Desch explained that should the project require any change on a particular property , for example for a ballfield or trail , the plans for those improvements or changes to the property would be developed prior to formal negotiations with the property owner , and would take into account also any changes to adjacent property . For example , if a property is adjacent to where a ballfield might be located the property owner would have the right to know what the land use would be . Supervisor Desch , in answer to a question , said that the application for funding was purposely left flexible , that is , that changes could be made . , The application did not precisely pin down where a trail , for example , would be , or a ballfield . He said it is a natural process in % any capital improvement to go from the plan - ning stage to preliminary detail design . He said he thought it appropriate and necessary to develop those steps so that discussions with property owners could be had on an open and detailed basis . Supervisor Desch said , however , that active recreation areas are are limited to the area on the Inlet side and passive recreation , including trails , is involved with the portion . on the Glen sides that there is no confusion on that since it is spelled out rather specifically . :The_ , Supervisor - said there.,:1+ h_as - . been discussion about .whether the proposed resolution would be subject to a permissive referendum . The Supervisor said he would defer to the Town Attorney who has re - searched this matter in detail . Town Attorney Buyoucos made the following statement : " In December of 1975 , the Town Board adopted a Park Reserve Fund in which funds were deposited from the General Fund . This was a capital reserve fund for a type of improvement . The law does not ® require that the establishment of that fund be subject to a permis - sive referendum , but the law request that any expenditures from that fund shall be subject to a permissive referendum . The law does not ® require that any contract for the proposal be subject to a permis - sive referendum . The law requires only that the expenditure of any funds shall be subject to a permissive referendum . But you must be careful even when you say that because not all funds expended from the Park Reserve Fund are subject to a permissive referendum . Only those funds which are expended for a specific purpose which comes within the specific meaning of the statute , only a resolution for the expenditure of those funds for a particular purpose is subject .to a permissive referendum . For example , if lands are to be acquired and if funds are to be expended for the purpose of acquiring land , the resolution authorizing those funds is subject to a permissive referendum . Town Board Minutes 16 - December 10 , 1979 " But if the Board decided to do some re - seeding or some landscaping of a portion of public lands which they call parks , that resolution would not be subject to a permissive referendum . The test is the following : If a municipality decides to make any improvements and then decides to . issue bonds for such improvements , the length of the terms of the bonds must have some correlation to the probable life use of the particular improvement . A sewer system . is 40 years . Some other improvements are twenty years and twenty - five years . Acquiring land for park purposes in some cases is twenty years ; in others , fifteen years . So , if lands are going to be acquired or money spent for acquiring lands for park purposes , the resolution is subject to a permissive referendum . If the expendi - ture of funds is going to be made for other than acquiring land , �. it depends on the particular use and purpose , .and then we have to look under the appropriate section of Local Finance Law , and then action would be determined on the probable life use .of the project ; • that would govern . In general , if bonds must be issued and those are issued for a maturity of five years or less , a permissive referendum is not necessary ; that is the law . " Mr . Buyoucos was asked to explain what a permissive refer - endum is . He said , " There are two kinds of referenda - - permissive and mandatory . A referendum , in general , is the following : A proposition is submitted to the electorate of the Town . You begin with that . The electors of the Town vote as they do in any election . Only in this case they are voting on a proposition instead of voting for persons . An example that comes to mind was the decision to dissolve the special improvement districts in the Town of Ithaca . But , if each proposition adopted by a Town Board or any municipal board were to be submitted to a referendum , it would involve extreme cost , unwieldiness , delay , and , ultimately , the impossibility of conducting government on any grounds . So , over many years the State of New York and every state in the Union has adopted this theory of a permissive referendum . You have seen the words used each year . A proposition is adopted and a resolution is adopted and at the end the statement is made : ' The above resolution is adopted subject to a permissive referendum . ' That means that the following procedure must take place . Once a resolution is adopted , it must be posted and it must be published within 10 days from the date of its adoption . That is Step 1 . Step 2 : within a 30 - day period from the adoption of any resolution , that resolution , if it is subject to a permissive referendum , can be final only after 30 days have elapsed following the adoption of the resolution ; that is an absolute rule . However , if enough people are opposed to the resolution or have a question about its adoption , then the third step follows . Step 3 : within 30 days of the adoption of the resolu - tion , if enough people file petitions with the Town Clerk stating that they want a referendum , then the matter must be submitted to the electorate . There must be at least 50 of the votes cast for Governor in the preceding State election , but in a town of the first class it must be not less than 100 persons . " You would not have to make up your own petitions . The. • petitions will be available and you will pick them up from the Town Clerk and use them as you see fit . After that , there is Step 4 : When is the election held ? Again , the Legislature never does things the simple way . The election will be held on the date of the biennial election of the Town if the petitions are filed not more than 45 days nor less than 25 days from the date of the biennial election . If the time sequence is different , it does not come within that period , then within 40 days after the adoption of the resolution if petitions have been filed within 30 days , the matter is submitted to a special election . " That ' s it . " �7 Town Board Minutes - 17 - December 10 , . 1979 Supervisor Desch explained that the contract with the funding agency stipulates that the funds from the Federal agency are not made available in advance . They are on a reimbursement basis . It means , assuming successful negotiations with a property owner or property owners , that the Town would front - end the cost and be reimbursed subsequently . He said , also , that the contract permits either party to terminate it if there has been no progress evident over a period of time , depending on the circumstances , the period of time being indefinite . He said there is within the initial contract a two - year period for . acquisition of property to take place . There are , however , extension provisions in the grant award wherein ® the process could take as long as five years , which is not an un - reasonable amount of time for negotiations . The Supervisor asked for comments from the floor . At this time there were none . The Supervisor now read from a letter received from Mr . John B . Babcock . ( Copy of letter is attached to the master copy of these minutes . ) Supervisor Desch said that assuming the proposed resolution for the acceptance of the grant is moved and seconded , before the vote or at the time of the vote each Board member should state his reasons for the vote . He said he felt this to be important so that the constituents know where each Board member stands on the subject . At this time Mrs . Kraut asked if she could read a statement . The Supervisor said she should do so . Her statement follows : " When landowners and neighborhood residents first learned of the Town ' s intent to acquire Coy Glen they were understand - ably concerned . The concerns were many and , as evidenced by the recent election results , still exist today . Since that time ( March 1978 ) there have been numerous letters to the Ithaca Journal , letters to Town Board members , phone calls , attendance at Town Board meetings , self - organized meetings , small discussions with Town Board members , petitions circulated , etc . " I will outline those concerns again even though they have been repeated many times by private citizens , present and future Town Board members and past Town_ Board members . The concerns included : 1 . The plans as outlined in the application for matching funds will serve to damage rather than protect the Glen . 2 . The Glen is now adequately protected by its " critical area " designation . 3 . The accumulated known and unknown costs will ® be a severe burden on the taxpayers of the Town . 4 . We simply do not need another park in this area of the Town . 5 . The inevitable change in the character of the neighborhood . 6 . The protection of private property . " Although it is true that condemnation is one of the issues , it is mostly an issue for those landowners unwilling to sell . It does not appear to be the main issue with the many people who either reside in the neighborhood , or have joined them in sig - nificantly supporting their many positions . Town Board Minutes - 18 - December 10 , 1979 " Any attempt by Town Board members to simplify the con - cerns as . ..only. . . involving condemnation of land is erroneous and an evasion 'of the true facts at hand . In fact , it should be noted that the stated motivating force for this project , the gravel mining , was on a piece of land that would only become available through condemnation proceedings ( see Ithaca Journal 4 / 28 / 78 ) . The proposed park project would then , in fact , not even affect the mining operations . " It seems obvious to us that the Town has at its disposal sufficient tools to ensure preservation of Coy Glen . It seems obvious to the majority of the present and new Town Board members that this project as conceived was a severe mistake . Not only • has it caused severe unhappiness but residents in the Town ask themselves why they have had to expend such enormous physical and emotional energy merely to preserve the status quo . We have developed a deep mistrust in some of our elected officials . " At every step the cost to the taxpayer is mounting . These costs cannot be justified since this program has met with such overwhelming opposition . People who have nothing to lose and everything to gain from our losses have no right in influencing government policy . If the wishes of the great majority +apposing this project are not respected , then taxpayers everywhere in the Town stand to lose their most important rights . If it happens here and now it can and will happen again who knows where or when . " We want to make perfectly clear that as long as any trends of government intervention exist such as BOR funds , no matter how they might be used , we will not discuss with the Town coopera - tive measures to ensure continuing preservation of this area . This should not be misinterpreted . We remain committed to the preservation of Coy Glen . " We are gratified that many Town Board members recognize the validity of our arguments ; their sensitivities to our position has been most encouraging . However , there are still -- a few who appear to be guided by forces not related to the preservation of Coy Glen or , it appears , any other rational motives . At every turn they have attempted to avoid the real issues by creating a smoke screen of alternate plans and demands , some of which are not even related to the original issues . As each plan meets with community opposition they press on , continu - ing their self - serving attempts at a legacy to the point of cor - ruption . " We do not want a park ! " We do not want encroachment on our neighborhood ! " We do not want to pay for unwanted , unnecessary items ! " We do not want an alternate plan ! " We do not want the BOR funds ! " The only resolutions we will tolerate are to once and for all close the books on this ill - conceived project and turn back the matching funds ; and to transfer funds out of the Park Fund into a Capital Reserve Fund more worthy of attention . " Let us try to go beyond the mistrust and anger . A town divided against its elected officials cannot constructively progress . In case there is any question about the continuing commitment of the landowners who signed the original landowners petition submitted June 3 , 1978, I hereby present to the Town Board the following petition dated December 4 , 19790 Town Board Minutes - 19 - December 10 , 1979 " Let us have a new start in the new year ! " ( The petition referred to by Mrs . Kraut is attached to the master copy of these minutes . ) Councilwoman Raffensperger asked Mrs . Kraut if her state - ment purported to be a statement by the landowners or her statement . Mrs . Kraut said she would have to call the landowners to see who the statement represents . Councilwoman Raffensperger asked again if the statement was made on Mrs . Kraut ' s behalf or acting as a representative of a group . Mrs . Kraut said Mrs . Raffensperger ® was free to - question each person . Mr . Terlouw stated , " Every group has to have a spokesman . We appreciate Mrs . Kraut ' s efforts . I would back everything she has made in that statement . " Hilda Sine , James Ridall , Janice Crombie , and Helen DeGraff supported Mr . Terlouw ' s statement . Mr . Gerald Hubble said , " Everyone on West Hill agrees with her . " Mr . Walter J . Schwan , 231 Coy Glen Road , made the follow- ing statement ( in summary ) ft " I felt I should say something because I don ' t own any land in the Glen . As a former Supervisor of the Town of Ithaca , I am responsible for getting this whole thing off the ground , and , therefore , think I have a right to make my feelings known . As you know , when we started back in 1973 and 1974 , the situation was different than it is now . Rumsey was mining gravel on the north side of the Glen . They were building a conveyor . Knowing full well that the bank on the north side was running out they started to use the north side for a sorting , washing , and crushing opera - tion . The Board leaned on them at that point to build sufficient dams and ponds to keep the muddy waters from washing down . The Town Board agreed with me at that time , I think , that we had a problem . We were trying to correct that problem . We felt an ecological area was being damaged . We felt strip mining was not proper and did not justify the money made . However , much has changed in the intervening years . Rumsey Ithaca no longer has a concrete ready mix business . All the equipment has been dis - mantled and trucked away . The DEC is now in the picture in terms of permits and with respect to gravel extraction . I have climbed the Glen three times this fall . Nature has taken its course . There is no more muddy water running down the hill . Rumsey Ithaca actually tried to reforest the upper part . In short , we started out with a sensible idea - - to stop what was being done to the Glen . Nature and a lot of other thirigs ; have more or less achieved our objective . " Supervisor Desch noted that the gravel has not run out and that problems in that regard could still arise . Mr . Schwan said there is the DEC and the gravel ordinance . There is an area now which belongs to Cornell University which will be forever wild . He said he thought the landowners are now doing an excellent job of preserving the Glen . He said there is no worry about subdivisions since the Town does have a Planning Board and there is also the Health Department . Mr . Schwan said he felt the problem had to be considered in today ' s context . He recommended that the Town forget the grant - - that the job is done . He said it was not the original intention to build hiking trails and parking lots . He said in conclusion , " Nobody in their right mind would try to pre - serve something by p:uilding hiking trails and parking lots . It is time to say the situation has changed and forget it . Stop beating a dead horse . " ( Applause ) �b b Town Board Minutes - 20 - December 10 , 1979 Councilman . Del Rosso said , " First , I would like to say that Walt Schwan has not lost his flair for commanding attention and doing his homework . I think he did a good job of bringing the caronology up to date . As I sit here I accept the fact that this Glen is worthy of preservation and at the time the way the conditions were , it was the appropriate thing to do . Today , new information has been presented . It is easy to defend the decision made a year or two ago and by the same token it takes quite a bit of courage to sit here and say the mission has been accomplished in a different way and so we don ' t have to take the next step . I would strongly suggest that this grant be rejected and the money turned back and decide what to do with the Park Fund . • ( Applause ) Supervisor Desch said he would like to see if the motion can be moved and seconded and then further comments could be made . • RESOLUTION NO . 249 , 1979 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED . WHEREAS , the Town Board of the Town of Ithaca has developed a Comprehensive Park and Open Space Plan , and WHEREAS , the Comprehensive Park and Open Space Plan identifies the preservation of the unique natural area of Coy Glen as a priority consideration through acquisition of approxi - mately 260 acres , and WHEREAS , application was made to U . S . Heritage Conser - vation and Recreation Service for matching funds in the amount of $ 71 , 645 to proceed with the acquisition phase of the Plan , and WHEREAS , the U . S . Heritage Conservation and Recreation Service has awarded the Town of Ithaca a grant in the amount requested , and WHEREAS , the Town of Ithaca has available matching funds of $ 71 , 645 in the Park and Open Space Reserve Fund ; NOW , THEREFORE , BE IT RESOLVED : That the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to execute the contract with U . S . Heritage Conservation and Recreation Service , thereby accepting the grant , subject to the following conditions . a . The Town will undertake the development of plans for the use of the lands to be acquired , and activities • related to the use of the land , including both active and passive use of the land . Such development and plans will be in compliance with all applicable laws , rules and regulations as required by Section 4 of the contract , including SEQR requirements as they relate to the designation of certain Coy Glen lands as a critical area . b . Before any lands are acquired from a property owner , the plans for the development of the area will be reviewed with such owner . It is the present intention of the Town Board not to resort to condemnation to acquire any lands or interests therein . c . The Town reserves the right , if necessary , to apply for a modification of the grant to provide for the acquisi - tion of easements as an alternative to acquisition of title . December 4 , 1979 To the Town Board - Ithaca , New York We , The undersigned , remain firm in our initial position that our land is not for sale . We are unalterably opposed to any encumbrances such as easements etc , and will not allow govern- meet intervention of any kind . We feel as strongly as ever that our land is best preserved by private owners ' po i f Town Board Minutes - 21 - December 10 , 1979 Supervisor Desch then called for the vote . Councilman McElwee voted NO . He said the Glen has existed for its . intended use for approximately 75 years ; that it has been declared a critical area . He said he felt that would protect the Glen for what the people intend to use it . He said it is a critical area that is fragile and that putting people in it would destroy it . He said we have enough parks in the community , that he is not in favor of the park across the Inlet or by the Inlet . He said he had talked to the Trustees in the Village of Lansing and they have nothing but headaches in maintenance . ® Councilwoman Valentino voted NO . She said she agreed with Councilman Del Rosso and Mr . Schwan ; that , beyond that , it has been made clear to the Board that the landowners will not cooperate in ® the continuation of this project and that would make any further progress with it impossible . She said , " I think it is time to close the discussion on Coy Glen . " Councilman Del Rosso voted NO . ( See his comments above . ) Councilman Powers voted NO . ( See his statement at the November 8 , 1979 meeting . ) Councilman Kugler voted YES . He said , " I would like to see preservation . I am not in favor of development . I think a project that has gone this far along deserves the opportunity to go the cycle .. The fact that the contract is cancellable by either or both parties provides safety valves along the way , as do per - missive referendums . The recent change in the attitude of Cornell University and the probability that they would be involved in the management of such an area changes the picture . I am in favor of completing the cycle with the idea that things may be cancelled and there are referendums . " Councilwoman Raffensperger voted YES . She read part of a statement she had furnished to the Town Board . Her full state - ment follows : " In preparing to vote on the Coy Glen resolution tonight , I have . reviewed the long history of the project . It came to this Town Board recommended by individuals , by several advisory groups - - including the Town of Ithaca Planning Board , by the Parks and Open Space Policy and Plan , and pursuant to actions of past Town Boards . " At the time that a grant for acquisition funds was being prepared , it became evident that there was opposition to the plan , either in whole or in part , and that there was also support for the plan . Both groups stated as a common objective the preserva - tion of Coy Glen . " At that time and others , this Town Board publicly committed itself to addressing the specific concerns voiced and trying to ® come up with satisfactory solutions . Since then , for example , a parking area and trails were removed from the plan ; a commission form of governance was researched , an access by permit only or super - vised group suggested , a critical areas designation was seen as a possible solution to future problems , although it did not address the problem of the already mined areas ; various types of easements were seen as alternatives to purchase ; an assurance that no con - demnations are intended is being made , etc . " This effort has been criticized - - not because it has not been good enough , but because the effort was made at all . I believe that we would have indeed deserved criticism if we had taken the easy course and refused to give any consideration or credence to one or another of these groups who expressed their convictions - - both of whom we are supposed to represent . Town Board Minutes - 22 - December 10 , 1979 " Having proceeded with what I am convinced was .a necessary and responsible attempt to resolve conflicting views , each of us must decide if that effort was effective . I understand the dif - fering answers to that question that Town Board members have given and will give . " As to wider public opinion , some want no compromise , some view the possible compromises as insufficient to meet their objec - tions , some are supportive , and some now see the compromises as so extensive as to bring the public - - as opposed to private land owner - - benefit into question . " I an NOT sure this project is , at this time , possible . But I have come to the opinion that present and potential problems are severe enough , that the basic goal is of enough value , to make the continuing effort worthwhile . " I hope that resolutions to most of the disagreement' s lie in some of the solutions proposed . Not until the Town Board states its intention to proceed , outlines what it can do about reclama - tion , etc . , and determines what each landowner is WILLING to do as an individual will that really be known . At that time , and preceding any expenditure of grant monies , an evaluation of the costs and benefits of the package will have to be made . That cost and benefit analysis must consider . the whole Town , for the present and future , for I am sure no Board of this Town would have sup - ported or embarked on this project solely for the benefit of a few people , but did see a wider public interest as justifying this effort and the expenditure of public funds . " Supervisor Desch said , " I will vote YES , even though the resolution will fail , because I am firmly convinced that time will show that the opportunity we have lost will be one that we will look back upon and regret . It is clear that the area where Coy Glen is located is going to change . We have heard statements . by the property owners that they are committing themselves to pre - serve the Glen . I want that to be clearly stated on the record because this Board continues to be committed to the preservation of the Glen and will take whatever steps are necessary within the power it has available to assure this preservation . I am hoping I am wrong in saying we will regret losing this opportunity . We have seen too many cases where this has happened after a long and careful process and one in which , in this case , has just begun . We have been talking about a BOR grant . However , to me , the project is worth doing irrespective of a grant . The cost ratio would be higher but in my mind the resource of Coy Glen is worth that commitment . " The resolution failed . LEHIGH VALLEY RIGHTS OF WAY Supervisor Desch noted that in the resolution on this matter in September , the Board agreed to offer $ 5 , 000 per mile for the East Ithaca Lehigh Valley Railroad abandoned right of way . The resolution at that time , however , did not state that it was subject to a permissive referendum . Therefore , the resolu - tion will have to be re - adopted at this time . RESOLUTION NO . 255 , 1979 Motion by Councilman McElwee ; seconded by Councilwoman Raffensperger , Town Board Minutes - 23 - December 10 , 1979 RESOLVED . 1 . That this Board hereby accepts the offer of the Lehigh Valley Railroad to transfer to the Town of Ithaca the portion of the East Ithaca Freeville right of way in the Town of Ithaca consisting of about 1 . 3 miles at a cost of $ 5 , 000 per mile . 2 . That the foregoing is subject to the owner furnish- ing good and satisfactory title and all required title documents . ® 3 . This resolution is subject to a permissive referendum . ® 4 . This resolution , as supplemented by paragragh 3 , above , confirms in all respects Resolution No . 188 , 1979 , adopted by the Town Board on September 17 , 19790 ( Kugler , Powers , Del Rosso , Valentino , Raffensperger , McElwee , and Desch voting Aye . Nays - none ) DECEMBER NEWSLETTER The Board reviewed the proposed Newsletter and with minor changes approved same . BOLTON POINT WARRANTS RESOLUTION NO . 256 , 1979 Motion by Supervisor Desch ; seconded by Councilman McElwee , RESOLVED , that this Town Board hereby , after review , and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission that they are in order for payment , approves the Bolton Point warrants dated December 10 , 1979 , in the Operating Account , in the amount of $ ( Kugler , Powers , Del Rosso , Valentino , Raffensperger , McElwee , and Desch voting Aye . Nays - none ) TOWN OF ITHACA WARRANTS RESOLUTION NO . 257 , 1979 Motion by Councilman McElwee ; seconded by Councilman Del Rosso , RESOLVED , that the Town of Ithaca warrants dated December 10 , 1979 are hereby approved in the following amounts : General Fund , Town Wide $ 45 , 938 . 06 General Fund , Outside Village . . . . . 39 , 168 . 26 Highway Fund 22 , 363 . 53 Water and Sewer Fund 44 , 246 . 83 Parks Fund 5 , 530 . 48 Lighting Districts 201 . 39 Capital Sewer Fund 41889 . 52 Federal Revenue Sharing 19 , 776 . 99 ( Kugler , Del Rosso , Powers , Valentino , Raffensperger , McElwee , and Desch voting Aye . Nays - none ) ADJOURNMENT There being no further business to come before the Board , the meeting was duly adjourned . Ed L . Bergen Town Clerk