HomeMy WebLinkAboutTB Minutes 1985-04-08 TOWN OF ITHACA
REGULAR BOARD MEETING
April 8 , 1985
At a Regular 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 , at 5 : 30 P . M . , on the 8th day of
April , 1985 , there were :
® PRESENT : Noel Desch , Supervisor
George Kugler , Councilman
Shirley Raffensperger , Councilwoman
Marc Cramer , Councilman
Gloria Howell , Councilwoman
Robert Bartholf , Councilman
ABSENT : Henry McPeak , Councilman
ALSO PRESENT : Peter Lovi , Town Planner
Lewis Cartee , Building Inspector
John Barney , Town Attorney
Beverly Livesay , Board of Representatives
Stephen P . Lucente , Lucente Homes
Rocco P . Lucente , Lucente Homes
Edward A . Mazza , Town Planning Board
Representatives of the Media :
Michael Hayes , WVBR
Mitchell Montagna , WTKO
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
Supervisor ' s Report
Forest Home Drive
Supervisor Desch reported that one of the nice success stories this
spring is the resolution of the Forest Home Drive problem . The
brief series of three or four meetings was very enjoyable , the
discussions were without rancor or contentiousness and the solution
of mutual benefit to all the parties . Obviously there was a
considerable amount of give and take by all the participants . A
great deal of credit goes to Frank Liguori who chaired the
meetings , to Bill Mcbbs for chairing the technical aspects of the
project development and to our Town Engineer Larry Fabbroni for
creative suggestions of ways to resolve the construction problems
and effectively utilize resources .
An essential element of our success is the willingness of the Town
to assume a major role with regard to the long term future of the
road . At the outset of negotiations we offered to assume one-third
of the reconstruction cost , a level of investment far greater than
we might have been expected to support for a road clearly not a
Town responsibility . On the other hand , if the investment could be
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Town Board 2 April 8 , 1985
keep to a reasonable level and there was assurance that the road
would be in existence for the long term future , our constituents
would be the overwhelming benefactor . The annexation aspect became
the vehicle for assuring that our investment would be protected .
Cornell was unwilling to assure that they would keep it open if
they had jurisdiction following renovation .
The September 1986 completion seems distant but is necessary in
order to keep the cost down by using in-house forces during off
peak work periods . So everyone gained something worthwhile . The
Supervisor noted that a decades old problem had been resolved .
Councilman Cramer stated that a couple of Town residents had called
® him asking if the road could be reopened in the interim?
Supervisor Desch responded no , because of the liability , the City
does not want the road open prior to or during construction .
Independent Audit
Supervisor Desch noted that the Board all had copies of the
independent audit of the 1984 Town books by the firm of Ciaschi ,
Dieters-Hagen , Schaufler & Mickelson . He went on to say that a
year ago the Board decided we ought to have a more thorough audit
than we had done in the past . This has been a worthwhile
investment as you will note from the management letter . There are
a number of suggestions that need to be implemented to keep us out
of trouble . Councilman Cramer has requested that any action on the
audit be tabled until next meeting to give the Board time to study
the report . One item is the formal approval of the monthly
financial report , which you have on the agenda .
1986 State Aid
Supervisor Desch noted that the Town had just received word that
the new State budget will provide us with $ 20 , 887 more State Aid in
1986 and $ 37 , 888 in 1987 . This , although not a large amount , will
help our fiscal planning since we have a definite commitment for a
change . He went on to say that he was circulating a copy of the
schedule ( copy attached to the Minutes) for the Boards information .
The Supervisor went on to say that we must be careful not to get
the idea we can plan for new programs because of this increase
which is the first since 1980 and we are not yet sure whether it
replaces the supplemental aid or not . It if does , it will be a
wash item .
Town Engineer ' s Report
A written report from the Town Engineer is attached to the Minutes .
Councilman Cramer asked the Building Inspector if it looked like
this would be a good construction year ?
Town Building Inspector Lewis Cartee responded yes , I issued 31
® building permits last week .
Councilman Cramer questioned if there was a charge back to Bolton
Point for work done on valve boxes ?
Supervisor Desch responded no , they are Town of Ithaca valve boxes
not Bolton Point ,
NEW SHORT ENVIRONVIENTAL ASSESSMENT FORM
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Town Board 3 April 8 , 1985
Town Planner Peter Lovi stated that last month he received the new
Environmental Assessment Form from New York State Environmental
Conservation . He stated that the new form was much improved . It
requires the applicants to give more information than was required
on the previous form which included "yes " or "no " answers . The new
form allows the Town to get appropriate details .
Councilwoman Raffensperger noted that in a Type I action , the Town
of Ithaca thresholds were more restrictive than the States
requirements .
Town Planner Lovi responded that the form is ment to read Town of
Ithaca because Town Law supplements the State law .
® RESOLUTION NO . 47
Motion by Councilman Kugler ; seconded by Councilwoman
Raffensperger ,
WHEREAS , the New York State Department of Environmental
Conservation has developed a new short Environmental Assessment
Form for a more reasonable and effective environmental review ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby adopts the new short Environmental Assessment Form as
an official form pursuant to the local SEQR Law .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) ,
TORT LIABILITY LIMITATION RESOLUTION OF SUPPORT FOR DRAFT
LEGISLATION
Supervisor Desch stated that pressure was being put on the
legislature to face up to the need for a limit on tort claims .
Councilwoman Howell asked what a tort claim was ?
Town Attorney Barney responded that it was a civil infraction on
another person for dages or injuri
ma es .
RESOLUTION N0 , 48
Motion by Councilman Cramer ; seconded by Councilman Bartholf ,
WHEREAS , in recent years the cost of tort liability for local
government has increased dramatically , especially in New York
State , and
WHEREAS , New York is one of only a few states with unlimited
liability exposure for local government entities , and
WHEREAS , such unlimited liability has caused serious fiscal
problems for local government budgets , which combined with
reductions in federal assistance and volitile economic conditions ,
threatens the financial health of public treasuries and diverts
limited tax dollars from the provision of essential services , and
WHEREAS , the unpredictability of large damage awards and
settlements is a constant threat to many of the State ' s smaller
jurisdictions which may simply not be able to aford a catastrophic
loss , and
WHEREAS , the State Legislation can take action to moderate local
government liability at no cost to the state ,
Town Board 4 April 8 , 1985
BE IT RESOLVED , that the Town Board of the Town of Ithaca
respectfully requests the New York State Legislature to pass , and
the Governor to sign into law ( a) bill ( s ) for the purpose and
effect of
1 . Amending the doctrine of joint and several liability to limit
damages governmental defendants are required to pay to their
equitable share of judgements ,
2 . Limiting recovery for non-economic losses (e . g . , pain suffering
to cases where significant injury is proven according to
objective standards ,
® 3 . Establishing a reasonable cap on recovery against governmental
tort defendants or some other appropriate means of limiting
local government liability , and
FURTHER BE IT RESOLVED , that this Town Board of the Town of Ithaca
urges the State Legislature to act favorably on the legislation
currently pending before it , or a comparable alternative thereto ,
which would accomplish the aforementioned goals ,
AND FURTHER BE IT RESOLVED , that this resolution be sent to
Governor Cuomo and the members of the New York State Legislature .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none ) .
SPRING CLEAN UP DAY
RESOLUTION N0 , 49
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
establishes Monday , April 29 , 1985 , as Spring Clean Up Day in the
Town of Ithaca .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
APPROVAL OF 'DOWN BOARD MINUTES
RESOLUTION NO . 50
Motion by Councilman Cramer ; seconded by Councilman Kugler ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the minutes of the December 10 , 1984 , December 20 , 1984 , December
31 , 1984 , January 7 , 1985 , January 25 , 1985 , February 11 , 1985 ,
March 11 , 1985 and March 18 , 1985 Town Board meetings , as presented
by the Town Clerk .
® ( Desch , Kugler , Cramer , Howell and Bartholf voting Aye . Nays -
None . Abstaining - Raffensperger ) .
Councilwoman Raffensperger has been out of town and , therefore , did
not have an opportunity to read the minutes .
SPECIFICATION AND BIDDING FOR USED GRADALL
Supervisor Desch stated that Item 18 - Approve Specifications for
Used Gradall and Item # 19 - Authorize Bidding for Used Gradall have
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Town Board 5 April 8 , 1985
been removed from the Agenda as the Gradall that the Town hoped to
purchase has been sold .
REPORT OF COUNTY REPRESENTATIVES
Beverly Livesay , County Representative stated that proposals for a
solution to the Pine Tree Road/East Hill Plaza traffic problem
would be brought to Stewart Stein and his County Committee
following further discussion with Town officials .
Supervisor Desch asked Mrs . Livesay if she had anything new to
report on the Hospital ?
Mrs . Livesay responded that there was nothing new to report , the
newspapers had covered all the proposals todate .
BERNARD STUHR PROPERTY
Supervisor Desch stated that no action has been forthcoming on the
part of Mr . Stuhr to demolish the structure . For safety sake , we
need to take this , the first step . The Supervisor then asked the
Building Inspector if he had any idea about the cost to retain the
architect ?
Building Inspector Cartee responded that he had no idea of the
cost .
Supervisor Desch stated that whatever the cost , it would be passed
on to the owner of the property .
Councilman Cramer asked if the property was presently secure ?
Supervisor Desch responded no it is not , this action is the first
step to secure the property .
RESOLUTION NO . 51
Motion by Councilman Cramer , seconded by Councilwoman Howell ,
WHEREAS , Bernard C . Stuhr , owner of Town of Ithaca Tax Parcel No .
6 -31-2-5 , has failed to seal off , post , and prohibit access to the
dangerous and unsafe building at the former Knight ' s Slaughterhouse
by March 25 , 1985 , and
WHEREAS , Mr . Stuhr was served Notice under the Ordinance Regulating
Unsafe Buildings and Collapsed Structures of the Town of Ithaca ,
with no removal or repair of the building or structure in question
having been begun within the required sixty days of Notice ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that , in view of the neglect of Mr . Stuhr to con-ply with the
Notice , a survey of premises shall be made by Lewis D . Cartee , Town
Building Inspector and a Registered Architect to be retained by the
Town and a practical builder , engineer , or architect appointed by
Mr . Stuhr , and
FUR'T'HER BE IT RESOLVED , that in the event of refusal or neglect of
Mr . Stuhr to appoint his " surveyor " , the two Town " surveyors " shall
make the survey and report within forty- five ( 45 ) days , and
FUR17HER BE IT RESOLVED , that in the event the building shall be
reported unsafe or dangerous under such survey , an application will
be made at a special term of the Supreme Court for an order
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Town Board 6 April 8 , 1985
determining the building to be a public nuisance and directing that
it shall be repaired and secured or taken down and removed , and
FURTHER RESOLVED , that a signed copy of the report shall be posted
on the premises upon coupletion of the report of survey on the
building , such notice shall state the compensation of the
surveyors , and
FURTHER RESOLVED , that all costs and expenses incurred by the Town
in connection with the proceedings to remove or secure , including
the cost of actually removing said building , shall be assessed
against the land on which said building is located , and
FURTHER RESOLVED , that the Town of Ithaca staff is authorized to
retain a licensed architect , at a cost not to exceed $ 2 , 000 to
® perform the survey hereinabove mentioned .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
STREET LIGHT - LISA LANE AND LISA PLACE
RESOLUTION NO , 52
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
WHEREAS , it is a Town Board policy to place a street light at every
intersection in the Town ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca to direct NYSEG to install a street light at the
intersection of Lisa Lane and Lisa Place as an addition to
installations and charges grouped under the Townwide Lighting
District .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
PROPOSED IMPROVEMENTS TO OODDINGTON ROAD OOMgIDNITY CENTER
Supervisor Desch stated that the Coddington Road Community Center
was running again and had asked for the following list of items :
Site cleanup and repairs :
Haul away brush , limbs , and rocks ,
cut down 30 small black locust trees :
Loader 1 hr . x 25 . 05 $ 25 . 05
Dump Truck 2 hrs . x 22 . 85 45970
Labor 9 hrs . x 8 . 25 74 . 25
Subtotal 145 . 00
Level disturbed lawn , playground and
playfield areas :
Bulldozer 2 hrs . x 2505 50 . 10
® Grader 2 hrs . x 34 . 75 69 . 50
Topsoil 28 cu . yd . x $ 15 . 00 / cu . yd . 420 . 00
Seed and Fertilizer 50 . 00
Mulch Hay 20 bales x $ 2 . 00/bale 40 . 00
Wood Chips 6 cu . yd . x $6 . 80 /yd . delivered 40980
Labor 12 hrs . x 8 . 25 99000
Subtotal 769 . 40
Repair fence , west side playground :
Town Board 7 April 8 , 1985
110 feet 6x6x47 " woven wire x . 45 / ft . 49 . 50
Staples 10000
Reset 5 wood posts in concrete 30900
Labor 15 hrs . x 8 . 25 123 . 75
Subtotal 213 . 25
Sandbox - fill with 5 cu . yd , clean play sand 20 . 00
Surface dirt driveway and parking area with
gravel ( 4 , 000 sq. ft . )
Crushed gravel : 92 . 5 cu , yd . x 7 . 00 /yd .
delivered and spread 647 . 50
Total Estimated Cost $ 1 , 795 . 15
Susan Beeners , Town Landscape Consultant stated that she had
discussed briefly with the current Treasurer and President the
possibilities of the Town maintaining the playfields . The
resolution (below) proposed for tonights meeting is the final
arrangement , asking for permanent easement on the playfields . If a
ball team needs the shelter , instead of coming to the Town for a
permit , it was felt that it would be best for then to go to the
Association for their permission as they maintain the schedule of
when the building is in use .
Proposed Resolution
VffU REAS , the Town Board of the Town of Ithaca recognizes the need
for a Town park on South Hill to serve Town residents , and
WHEREAS , the Coddington Read Community Center has requested
assistance from the Town in the cleanup , repair , and upgrading of
outdoor play areas and in the maintenance of a softball field ,
NOW THEREFORE BE IT RESOLVED , by the Town Board that appropriate
permanent easements be obtained and annual funds be appropriated
for the work and materials to maintain the field and reasonably
estimated by the Town Landscape Consultant for 1985 not to exceed
$ 1 , 800 , to be appropriated from the General Townwide Fund Balance
and to be paid out of expenditure line item A7140 ( 401 ) , Playgrounds
and Recreation - Coddington Road Community Center Playfield ,
FURTHER RESOLVED , that allocation of budgeted funds will not be
made until the Coddington Road Community Center Corporation Charter
and/or By- laws is modified as follows :
1 . Membership will be available to all Town of Ithaca
residents .
2 . The Corporation will save the Town of Ithaca harmless of
all acts or claims against the Town .
3 . The Corporation will properly maintain all of the
remaining facilities and grounds in accordance with all
local ordinances and in keeping with the high standards of
the neighborhood .
4 . The Corporation will continue to seek the counsel of the
Town Board and the Town Planning Board .
Supervisor Desch stated that he would like to appoint a committee
of Councilman Kugler and Councilwoman Raffensperger to work with
Susan Beeners and Shirley Brown to ascertain if the proposal is
feasible .
Z � Z
Town Board 8 April 8 , 1985
Town Attorney Barney stated that there were some additional
conditions that need to be placed in the proposed resolution and
that he would work with the committee .
COVENANTS FOR PINE TREE ASSOCIATES
Dr . Colle stated that he had been out of Town and that his attorney
was presently out of Town and that neither of them had looked the
proposed covenants to see if there were any major changes from the
original draft .
Supervisor Desch stated that the original draft was reviewed by the
Planning Board . The Planning Board felt that a couple instances
were too restrictive . These Covenants takes away the restriction
that the houses be only one family houses . Also , we now have a
mechanism for amending the Covenants . He asked Dr . Colle if he
wished to have his attorney review the proposed Covenants before
the Board adopts them?
Dr . Colle responded that he would prefer the Town Board approving
the Covenants tonight , then if his attorney wants any changes they
can core back with their amendments .
RESOLUTION NO . 53
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
WHEREAS , the Town Board has been asked to review and approve
certain restrictive covenants relating to lands located in the
vicinity of the intersection of Pine Tree Road and New York State
Route 79 , and
WHEREAS , certain lots have been apparently conveyed in that
vicinity without complying with all necessary subdivision and other
proceedings , and
WHEREAS , the owners of said lots wish to have them in conformity
with the appropriate procedures , and
WHEREAS , all the parties wish to impose certain conditions relative
to the use of said Pots for the foreseeable future , and
WHEREAS , pursuant to such desire proposed restrictive covenants
have been prepared and submitted to this meeting ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that the Town Board hereby approve the restrictions on use
of land relating to the lots adjacent to the Pine Tree Associates
proposed subdivision , a copy of which restrictions have been
submitted to and are ordered filed with the minutes of this
meeting , and
FURTHER BE IT RESOLVED , that the Supervisor of the Town of Ithaca
be authorized and directed to execute said restrictive covenants on
behalf of the Town Board of the Town of Ithaca .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none ) .
NEWSIE=R
Councilwoman Raffensperger suggested that the second and third
paragraph under the heading of "Pine Tree Road Relocation " be
reversed for clarification .
R13
TUvN OF ITHACA NEWSLETTER April 8 , 1985
This is the twenty second Town of Ithaca Newsletter . It is published to inform
Townspeople of current and pending activities of their Town government . The last
Newsletter was published on October 5 , 19840
SPRING CLEAN UP DAY
The Town Board has set Monday , April 29 , 1985 as Annual Spring Clean Up Day . The Town
Highway Department will pick up material placed next to the highway , other than unbundled
brush . If you have material too heavy to move to the pick up point , such as junk cars ,
(or if you live alone and need assistance ) , contact Highway Superintendent Robert Parkin
at 273-1656 . It normally takes three days to cover the Town during this pick up period .
Cy ASSISTAP�CE STICKERS
ttached to this Newsletter please find two emergency telephone number stickers for your
tse . These should be placed on each phone in your house and some other useful place ( car ,
wallet) so that you can call in an emergency without losing precious time . The City Fire
Department provided these stickers for us .
WATER RATE SCHEDULE
The Southern Cayuga Lake Intermunicipal Water Commission has reprinted the rate schedule
so that any customer can compute their bill regardless of whether their meter reads in
cubic feet or gallons . This has caused some confusion in the past . New customers will
receive a copy of the new schedule . If other water users would like a copy , stop by the
Ithaca Town Hall or call 273-1721 to request that one be mailed . There is no rate change
other than the few pennies involved with the conversion adjustment .
FOREST HaIE DRIVE STATUS
The Town , City and Cornell have agreed to the elements of an accord to reconstruct the
road and have it reopened permanently by September 1 , 1986 . Each party will share one
third of the estimated $ 165 , 000 construction cost to restore the 1 , 100 foot portion of the
road closed by the City . The road from the Town line to East Avenue and a strip of
adjacent property nominally 150 feet on each side of the road will be annexed to the Town .
The new road will be maintained by the Town , except for snow plowing to be done by
Cornell . Cornell will resurface the portion to be annexed between Martha Van Rensselaer
and East Avenue .
BURNS ROAD IMPROValENPS
A contract has been awarded by the County for the construction of the new bridge across
Six Mile Creek on the new road alignment being provided by the Town . Construction of the
new intersection of Burns Road and Route 79 will be coordinated with the State
improvements on Route 79 this summer . It may be possible to have the new sections of
roadway open this Fall . Design of a new intersection at Burns and Coddington is the third
phase .
PINE TREE ROAD RELOCATION
At its meeting on February 11 , the Ithaca Town Board voted to authorize the Town Engineer
to assist Tompkins County in the design and field construction layout of the new alignment
of Pine Tree Road . The corridor for the alignment was established prior to the
construction of the Ellis Hollow Elderly Housing Project in the early 1960 ' s . The
corridor was officially mapped by the Town of Ithaca , on its Official Highway Map , in
October 1968 .
Although the Town has not formally requested County consideration of the new road from
Ellis Hollow Road to Route 366 , the County has begun a review of the entire circulation
needs in the East Ithaca area of the Town .
The Town ' s proposal would have no direct impact on the pedestrian safety between Ellis
Hollow Elderly Apartments and East Hill Plaza because no construction is contemplated on
the north side of Ellis Hollow Road ,
1985 WATER IMPROVEMENTS
At this writing , the Lafayette Construction Company has started installation of water
lines to serve West Haven Read and Elm Street Extension . Following this work the
contractor will move to Coddington Road , East King Road to complete that phase of the
work .
1986 WATER AND SEWER IMPROVaaNTS
The Town staff has prepared a preliminary assessment of the top priorities for the next
phase of the water and sewer extension program in the Town . No cost estimates have yet
been prepared .
The most urgent need is for public water extension to West Shore properties in the Town .
The Cayuga Lake water source in this area is rather poor . Fire protection is also
important , as it is elsewhere in the Town .
The Town also seeks a way to sewer both East Shore and West Shore properties . to further
enhance our program to upgrade Cayuga Lake water quality .
The residents of the Campbell Avenue area of the Town have also petitioned for sewer
service . So far no cost effective way to serve this area has been found . However ,
incorporation of this area into a larger project in the vicinity could make it achievable .
The residents of DuBois Road , Trumansburg Road and Woolf Lane have expressed interest in
water and sewer service . The cost estimates shown in the Town Master Plan for this area
will be further evaluated . At this point it is not known what size project can be
afforded without significantly increasing the burden on our taxpayers . We urge all
property owners who do not have public water and sewer but are interested in either or
both of these services to write a letter to the Town Supervisor expressing their interest .
ITHACA AREA WASTEWATER TREATT6= PLANT PROJECT
One of the most interesting ( and the largest ) construction projects to be undertaken in
Ithaca is moving very rapidly into the visible construction stage . Town residents are
encouraged to make arrangements to visit the site over the next 4-5 months . Arrangements
can be made by contacting Larry Fabbroni at 272-2655 . This is your project . Town users
will be paying for approximately 410 of the approximately $ 4 , 000 , 000 local share of the
total construction cost of $32 , 000 , 000 .
NEW VOTING DISTRICTS
In response to the large registration drive last Fall , the Town has formed two new voting _
districts and some district lines have been changed due to . Tompkins County
Reapportionment . The Board of Elections will be sending cards out in August showing the
new district numbers (where applicable) and the polling place . The most significant
change in polling places involves registered voters on South Hill . ' Registered voters on
Danby Road will vote at NCR rather than the Machinist Hall on Elmira Road . Registered
voters in the Northview Road area will vote at the Ellis Hollow Elderly Housing rather
than at NCR . A map delineating the new district boundaries is posted at Town Hall ,
Contact Town Clerk Jean Swartwood at 273 -1721 .
EAST SHORE DRIVE AtvNEXATIONS
The City of Ithaca has asked the Town to permit the City to annex the Tin Can property on
North Cayuga Street , where the new Youth Services Facility will be located . In
consideration of this loss to the Town the City has expressed a willingness to endorse
Town annexation of eleven residential properties north of Stewart Park . . The Town expects
to provide public sewer service to these properties with connection to the new facilities
constructed by the City for Stewart Park and the new Youth Services Facility ,
DOG E[1UI.1E KJVION \
The Town of Ithaca is currently in the process of completing an enumeration of all dogs
harbored in the Town . New York State Ag & Markets Law requires that all dogs six months
of age or older be licensed . If you have not licensed your dog or renewed the license ,
you must do so . You will need a copy of the current rabies vaccination certificate also
if applicable , a certificate of spaying or neutering . Contact Town Clerk Jean Swartwood
at the Town Hall for further information .
TOWN TAXES PAID BY TAXPAYERS IN THE VILLAGE OF CAYUGA HEIGHTS
During tax payment time in January the Town staff sometimes receives an inquiry from a
taxpayer living in the Village as to what services the Town provides the particular
Village taxpayer for the $ 1 . 112 per thousand tax levied in 1985 . Also , the tax statement
form may cause some confusion . The total amount is not a Town . tax . About 82 % of the
total is the County tax which the Town collects and turns over . to the County . The
remaining 18 % is the Town tax . If there are other taxpayers with similar questions ,
please call or write the Town Supervisor at 273 -1721 , 126 East Seneca Street ,
1985 TOWN PARK WORK PLAN
Plans for the 1985 Town Park and Recreation Way Sumner work will be presented at the May
13 , 1985 Town Board meeting .
TOWN BOARD BULK RATE
Town of Ithaca U . S . POSTAGE PAID
126 East Seneca Street PERMIT # 555
Ithaca , New York 14850 ITHACA , NEW YORK 14850
Town Board 9 April 8 , 1985
RESOLUTION NO . 54
Motion by Councilwoman Raffensperger ; seconded by Councilman
Kugler ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the 22nd Town of Ithaca Newsletter ( copy attached to Minutes ) and
authorizes the mailing of same to the Town of Ithaca residents .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none ) .
® TEMPORARY EASEMENT FOR TRAIL CONSTRUCTION
Supervisor Desch stated that the proposed trail is basically
another portion of the East Ithaca Bikeway , fie went on to say that
the staff has been struggling with the problem of how to get the
bikeway extended to Route 366 .
Susan Beeners stated that the Town ' s East Ithaca Recreation Way
section between Maple Avenue and Game Farm Road which was completed
last summer has become a popular route for Town residents and the
Cornell Community . Major users of the trail are commuters who walk
or bike to campus , runners , and riders on horses from the Cornell
Polo facilities . A three foot cinder path was constructed adjacent
to the five foot oil and stone trail from the former railroad
bridge over Judd Falls Road to Game Farm Road , at the request of
the manager of the Oxley Polo Arena , who has agreed to assume
maintenance of that path .
The proposal is for the extension of this trail from the railroad
bridges to the intersection of Judd Falls Road and Route 366 , which
is clearly needed , as evidenced by the muddy foot and horse paths
which leave the trail and cross north on the lawns of the Graphic
Arts Services Building . The Town proposes that an eight foot
trail , composed of a five foot wide oil and stone path , adjoined by
a three foot gravel and cinder path , be constructed from the
existing East Ithaca Recreation Way at the west end of the former
railroad trestles , over lands of the Cornell Graphic Arts Services
Building to Route 366 . We will ask Cornell University to retain
liability coverage and assume maintenance of the trail extension ,
supply cinders , and finance the construction of the northern
section of the extension , between the Graphic Arts driveway and
Route 366 ,
Ms . Beeners went on to say that we have cone so far from Honness
Lane . Now an all-weather route is needed for this section . She
noted that perhaps Cornell should take a mare active part in the
construction , as they own the land .
Supervisor Desch asked if the Town shouldn ' t lock Cornell into
constructing their portion .
Councilwoman Raffensperger stated that she felt there should be
® something in the agreement that describes the responsiblity of each
Party •
RESOLUTION NO . 55
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby gives
conceptual approval that the Town share with Cornell University the
construction costs to provide for the construction of an
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Town Board 10 April 8 , 1985
all weather trail from Route 366 to the East Ithaca Recreation Way
through the Cornell Graphic Arts property , and
FURTHER BE IT RESOLVED , that the maintenance and liability for the
trail be assigned to Cornell University and legal access be given
to the Town of Ithaca .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
Susan Beeners noted that the area can be top dressed from the
material dumped by the State on the other side of the road .
® BUDGET AMENDMENTS
RESOLUTION NO , 56
Motion by Councilman Cramer ; seconded by Councilwoman Howell ,
WHEREAS , there has been an increase in the premium cost of Public
Officer ' s Liability Insurance , and
WHEREAS , an Independent Audit of the Towns accounting records have
been performed and money to cover this expenditure was not
appropriated ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorizes the appropriation of $ 6 , 800 from General
Fund Townwide Fund Balance to be used to increase appropriations in
the General Fund Townwide Account A19040 . 440 Unallocated Insurance ,
and
FURTHER BE IT RESOLVED , that the Town Board authorizes the transfer
of $ 200 from General Fund Townwide Contingency A1990 . 400 to General
Fund Townwide A1320 . 400 Independent Auditing and Accounting to
cover the cost of $ 2 , 200 for the December 31 , 1984 audit .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
REFUND OF WATER BILL PENALTY
RESOLUTION NO , 57
WHEREAS , a Texas address change was requested for a resident on
Trumansburg Road , and
WHEREAS , inadvertently the address was changed for the property at
112 Ridgecrest Road and not the Trumansburg Road property, and
WHEREAS , Dr . Joseph L . Jeraci the owner of the Ridgecrest Road
property has never lived in Texas and , therefore , did not receive
his water bills until after the late penalty had been imposed ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby waives the penalty in the amount of $ 7 . 47 for the
property at 112 Ridgecrest Road , owned by Dr . Joseph L . Jeraci ,
Account Number 165 -0127059 .
(Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
PUBLIC HEARING - ABANDONMENT OF NORTH CAYUGA STREET
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Town Board 11 April 8 , 1985
Proof of posting and publication notice of a Public Hearing to
consider the abandonment of North Cayuga Street as a Town Highway
having been presented by the Town Clerk , the Supervisor opened the
public hearing .
John Meigs , City of Ithaca Planner explained that the funding for
the Youth Bureau Facility was up in the air at the present time .
The relocation proposed for this spring is not working out . He
noted that the new facility would be placed partially in the bed of
the present roadway . Therefore , timing wise , it would be best to
consider the possibility of building a by-pass or placing blacktop
along side the present road in the fall . Then preparations could
be made to complete the new road bed .
Town Planner Lovi asked what is the time schedule for removing the
existing building ?
John Meigs responded , late May or June .
Councilman Cramer asked if the turn around was still a part of the
new construction plan for North Cayuga Street?
John Meigs responded that it was anticipated to be a part of the
total site preparation .
Supervisor Desch remarked that it he felt the new road should be in
place before the old road is abandoned .
John Meigs responded that the new road was still in the design
stages .
Supervisor Desch responded that he presumed the question of
annexation would move ahead . He went on to say that perhaps the
annexation proceedings might take place faster than the proposed
Youth Facilities building . The Supervisor suggested that it might
be appropriate to adjourned the hearing until a more appropriate
time .
John Meigs questioned if the City made a commitment to maintain the
road , would this be a sufficient commitment to allow the
abandonment proceedings to continue ?
Town Attorney John Barney responded that the Town never had a deed
to the road , therefore , the Town will have to go through the
abandonment of roads proceedings .
Councilman Kugler asked if the Town would have to give the City
permission to widen or add more blacktop to the present road ?
Supervisor Desch responded , yes .
As no one present wished to speak , the Supervisor closed the public
hearing .
RESOLUTION NO . 58
® Motion by Supervisor Desch ; seconded by Councilman Kugler ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns
indefinately , the public hearing on the abandorraent of North Cayuga
Street .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) ,
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Town Board 12 April 8 , 1985
FINANCIAL REPORT
RESOLUTION NO . 59
Motion by Councilman Cramer ; seconded by Supervisor Desch ,
RESOLVED , that the Town Board of the Town of Ithaca hereby accepts
the Financial Report for the month ending March 31 , 1985 .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
PERSONS TO BE HEARD
® Rocco Lucente , Lucente Hanes stated that he had wished to speak to
the Board this evening , however , something had cane up and
® therefore , he would be unable to address the Board . He went on to
say that he would inform the Board when it would be able to speak
to them .
TOWN OF ITHACA WARRANTS
RESOLUTION NO . 60
Motion by Councilman Cramer ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated April 8 , 1985 , in the following
accounts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . $ 41 , 324 . 73
General Fund - Outside Village . . . . . . . . . . . . . . . $ 11 , 379934
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27 , 130 . 14
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 192 , 619 . 03
Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 146 . 79
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 140 . 00
Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . $ 406 . 31
Parks Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19 , 579 . 11
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
BOLTON POINT VUIRRANTS
RESOLUTION NO , 61
Motion by Supervisor Desch ; seconded by Councilman Kugler ,
RESOLVED , that the Bolton Point Warrants dated April 8 , 1985 , in
the Operating Account are hereby approved , in the amount of
$ 46 , 298 . 49 after review and upon the recommendation of the Southern
Cayuga Lake Intermunicipal Water Ccnmission , they are in order for
payment .
® ( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none) .
BENEFIT UNIT REFUND
Deputy Supervisor George Kugler chaired this portion of the meeting
because of a conflict of interest in the proposed benefit unit
Town Board 13 April 8 , 1985
refund . Supervisor Desch being a part owner of the property
requesting said refund .
Deputy Supervisor Kugler stated that he had spent one-half hour
with Town Engineer Larry Fabbroni going over the map pertaining to
the property involved . He noted that there were two unusual
circumstances about this property . There is a 250 ' powerline
right-of-way through the property on which no building can be
built . Also , the back lands of the property are in an Ag District .
If you remove the NYSEG portion and the portion in the Ag District
that cannot be watered , you would need a booster pump to service
the remaining portion . Also , there should be a 50 % reduction in
the benefit assessment as the pipes will not be in place until
September of 1985 .
Councilwoman Howell asked , what is the bottom line ?
Deputy Supervisor Kugler responded , a refund of $ 259 . 20 .
Councilman Bartholf asked if the water line goes to the property
now?
Deputy Supervisor Kugler responded , the line goes just to
Capalongo ' s property .
Councilwoman Howell asked if the property had been charged benefit
units as if it were possible to sell the property under the
powerline easement ?
Deputy Supervisor Kugler responded , that is right .
Councilwoman Raffensperger noted that the Benefit Formula had a
section which referred to topography .
Deputy Supervisor Kugler responded that if King Road ran like a
table top , you could get water but the main runs up a steep hill
and it would be necessary to put power behind the water in order to
get water up to this portion of the property .
Councilman Cramer questioned use of the word "permanent" charge in
the proposed resolution under Section - 1 and 2 ( a ) , in case the
property was every subdivided ,
Town Attorney Barney suggested the word "permanent " be replaced by
" anticipated annual charge after 1985 " .
RESOLUTION NO , 62
Motion by Deputy Supervisor Kugler ; seconded by Councilman Cramer ,
WHEREAS , Noel and Janet Desch and Eleanor and Montgomery May owners
of the property at 803 Coddington Road , Tax Parcel No . 46 -1 -15 . 2
were charged for 7 . 10 units of water , and
WHEREAS , the Town Engineer recomputed the benefit assessment as
follows :
1 . a) 8 . 5 units - anticipated annual change after 1985
b ) 4 . 2 units for 1985 only as water is expected to be
available July or August 1985 , and
WHEREAS , 22 . 96 acres would require a pump station off of the water
main to be constructed or a gravity main and PRV vault several
hundred feet down from the Troy Road-East King Road intersection ,
the Engineer further reduced the charges to :
Town Board 14 April 8 , 1985
2 . a) 4 . 7 units - anticipated annual charge . after 1985
b ) 2 . 3 units for 1985 only as water is expected to be
available . July or August 1985 ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorizes a refund for 1985 to Noel and Janet Desch
and Eleanor and Montgomery May in the amount of $ 259 . 20 .
( Kugler , Cramer , Howell and Bartholf voting Aye . Nays - none .
Abstaining - Raffensperger) .
Councilwoman Raffensperger just returned after vacation and did not
ASk have sufficient time to study the resolution .
PUBLIC HEARING - COVENANTS AND HOME OWNER ' S AGREEMENT FOR CLUSTER
SUBDIVISION AT 1018- 1020 DANBY ROAD
Proof of posting and publication notice of a Public Hearing to
consider the Covenants and Home Owner ' s Agreement for a cluster
sudivision at 1018- 1020 Danby Road , Tax Parcel No . 6 -39 -1 -5 and a
portion of 6 -39-1 -6 , owned by Dell Grover having been presented by
the Town Clerk , the Supervisor opened the public hearing .
As no one from the public wished to speak for or against the
proposed cluster subdivision Covenants and Herne Owner ' s Agreement ,
the Supervisor closed the public hearing .
Supervisor Desch asked the Board members if there were any
questions on the Covenants and Hone Owner ' s Agreement except for
the sections on rentals ?
Councilman Cramer asked what was the forceable maximum density ?
Edward Mazza responded , there will be 32 units . 3 x 32 or 96
persons . He went on to say that this area was zoned R-9 and that
they were asking for only 80 % of the grid allowable for this zone .
Councilwoman Raffensperger questioned the density allowable in the
cluster subdivision regulations .
Town Planner Lovi responded , 3 . 2 per acre , but this does not apply
to the R-9 zone .
Councilman Cramer asked about the slope of the land .
Town Planner Lovi responded , about a 2 % grade .
Councilman Kugler questioned the existence of an existing house on
the property .
Mr . Mazza responded , yes there is a house on the property owned by
Bill Grover . There is also a roadside stand , a blue house and an
old barn which will be removed .
Supervisor Desch asked what impact the Comnonlands restrictions
would have on the proposed Cayuga vista project?
Edward Mazza responded that we plan to build eight houses and then
sell them. There is always a chance that we uun ' t be able to sell
them for our asking price of $ 80 , 000 to $ 90 , 000 per unit . The bank
wants to see that we will be able to rent them if we are unable to
sell them . Also , there is always the possibility of people buying
a unit while going to school and then renting them to friends after
they leave the area . This is always a possibility eventhough we
Town Board 15 April 8 , 1985
don ' t see this happening . We want to keep our options open and the
bank wants us to keep our options open .
Supervisor Desch remarked that he was concerned that pressure from
the Ithaca College student population for housing could create a
situation similar to what has happened in the City of Ithaca .
Single family houses have been taken over for multi-family housing .
Mr . Mazza stated that he had look over the Subdivision Regulations
to see if someone can limit someone from renting . He went on to
say that he found nothing in either the Subdivision Regulations nor
the Zoning Ordinance that would restrict renting .
® Supervisor Desch asked what the maximum units per structure would
be ?
Mr . Mazza responded , four units .
Supervisor Desch then stated , the most you could have is twelve
people .
Mr . Mazza responded , if unrelated .
Councilwoman Raffensperger noted that there was a lot of opposition
to clustering because of the change it would make in a neighborhood
because of rentals .
Town Building Inspector Lewis Cartee questioned , if the developers
start with two units , will there be a time frame regarding the
selling of these units or will the developer continue to build and
continue to rent . He went on to say that as an enforcement officer
this would make his job very difficult as somebody in an R-9
District can come to the Board for a variance . The only way to
restrict this is by making a strong Covenants .
Town Planner Lovi remarked that the Covenants would be enforceable
by all other owners of property in Cayuga Vista .
Supervisor Desch remarked that perhaps the Covenants could restrict
the developer by permitting him to rent no more than X number of
units .
Councilwoman Howell asked if the units were like condominiums ?
Mr . Mazza responded , like condominiums only Townhouses .
Supervisor Desch noted that the contents of the Covenants and Home
Owner ' s Agreement fresh to everyone including the Town Attorney .
He went on to say that he would like to propose adjourning the
hearing until all Board members and the Town Attorney have had an
opportunity to review it .
Town Planner Lovi remarked that he did not believe the review of
the Covenants would hold the Planning Board up from making a
decision on the subdivision .
® Edward Mazza remarked , it will hold up the financing though .
Supervisor Desch asked the Board members to get their comments to
him prior to the next meeting .
RESOLUTION N0 , 63
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
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Town Board 16 April 8 , 1985
RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns
the public hearing to consider the Covenants and Herne Owner ' s
Agreement for a Cluster Subdivision at 1018-1020 Danby Road , Tax
Parcel No . 6 -39-1-5 and a portion of 6 -39-1-6 , owned by Dell
Grover , until 12 : 00 noon on April 22 , 1985 .
( Desch , Kugler , Raffensperger , Cramer , Howell and Bartholf voting
Aye . Nays - none ) .
ADJOURMv1ENT
The meeting was duly adjourned .
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