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HomeMy WebLinkAboutTB Minutes 1981-12-07 TOWN OF ITHACA REGULAR BOARD MEETING December 7 , 1981 e At a Regular Board 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 7th day of December , 1981 , there were : PRESENT : Noel Desch , Supervisor Victor Del Rosso , Councilman George Kugler , . . Councilman Shirley 'Raffensperger ; Counczlwomart Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman ALSO PRESENT : Lawrence Fabbron:i , Town Engineer Robert Parkin , Tom Highway Superintendent. - Gust Freeman ,, Board of Representatives: . Mary Call. , . incoming Board. of. Representatives . Helen M . Bowden, 16 Cardinal Drive Philip Snyder , . 36 Freese. -Road Charles R . Smith , 84- A Turkey Hill Road . Nancy L Hewett , 1518 Slat:ervil.le Road- Jack Hewett , 1518 Slaterville . Road Joel R.obinowitz , 912 East State. Stree-t Nancy Fuller , Deputy Clerk Peter M . Lovi , Town Planner Christine Carroll , 97 Freese Road Liz. Martinec , - 3-12 Turner Place Karen L .. Allaben -Confer , Brooktondale John Confer , Brooktondal 'e Betsy Darlington 204 Fairmount Avenue . David , Peterson , 603 - 2 Winston Court Marilyn Ewing 1520 Slaterville Road Lisa Roig , 103 College . Avenue Richard B . Fischer , 135 Pine Tree- Roach` Mary Margaret Fischer , 135. Pine Tree Road., Dave Jennings , 593 Sheffield Road , Helen Lapham , 159 Sapsucker Woods Road Liese Bronfenbrenner , 10:8 . Melntyre Read . Ann Mc Adams ,. 2 The Byway Ruth Mahr , , Pres . Forest Home : ImprovemeiiTt &sociat oY3 . Ruth DeWire , 148 Pine Tree Road John . DeWire , 148 Pine Tree Road John Cooke , 142 Fine - Tree . Road Eric Machlin , 133 Pine Tree Road David Stasavage , 109 Joanne Drive David Malcom , 360 Curtis Road David Macklin , 133 Pine Tree Road Cheryl Hurwitz , 616 East State Street Tom Wolski , 233 Forest Home Drive Representatives . of the Media : Z . Home , WTKO William S . Astor WHCU Tamar Sherman , Ithaca Journal PLEDGE OF ALLEGIANCE Supervisor Desch led the assemblage in the Pledge of Allegiance . Town Board Minutes - 2 December 7 , . . 19 .81 Supervisor Desch - stated that in accordance with the new State . Fire Law , he was pointing out the fire exits to those in attendance at . tonigkts meeting . REPORT OF TOWN OFFICIALS SUPERVISOR ' S REPORT - Supervisor -Desch . stated that the Town continues to do as much as we can to suggest alternate sites in the Town of Ithaca for the proposed eight members to be housed in an intermediate care facility proposed by Broome Development . The Town . Engineer accompanied the Agency staff , Evnironmental Facilitxes Corp Engineer and a real estate agent on a fact finding inspection of ten sites . Mr . Fabbroni is preparing a written. report on his findings . The agency indicated that they feel it is worthwhile to proceed with further study of one of the sites . Although .. Federal . disaster . aid = in :-- the . . form cif reimbursement grants is yet to be forthcoming and continues. to be unlikely . The Soil Conservation Service is applying for approval of at least 13 projects in the County . If approved , SCS would pay for 80% of the costs and the Town 20 % with projects administered through Frank Liguori ' s office . The Town engineer will report on specifics As you can see , the electrical improvements and fire alarm, systems are being installed. and . the contractor , Norton . Electric is doing a nice . job . The lighting and : new outlets are a big help . Once this work is completed ; we can. better deal with the aesthetics and replacement of the leaky w1ndows in the Board room and area and Engineering / Planning Offices . We also have the matter . of accoustics in the Board: . Room including the noisy unit ventilators . On the agenda . this . evening . is an item involving the financing of the design for the wastewater treatment project . As you. know , EPA and DEC approved the grant application several . mon, ths . . ago and the engineers Have begun work can the design phase of the project . . The brief interim financing agreement acknowledges our responsibility to pay for 35% of . such costs not to exceed the $ 95 , 000 -Town share regardless of wet I-i.er the project i' s_ . constructed . The shares . ralate to level of sewage load each. community will contribute at the t1rae of st. art up of tie. new plant . In the final . agreement , there may be . some redistribution depending on final_ costs , agreement with the County or sep age project , etc . The City obviously needs to borrow money to pay the engineers . We do not need to decide at this titre , how much borrowing authority we eventually will need that question will . be addressed at a later date . TOWN . ENGINEER ' S REPORT Town. Engineer Fabbroni, reported that he was in the process of writing a report on his tour with the staff of Broome Developmental - Agency . Ten houses were reviewed in . 4Z hours . He was able to get . a feel for their major criteria in choosing a facility . He went on to say that the November , f3_ gures far' the Northeast Transit ridership showed over 6 , 000 people had riden the bus in November . East Ithaca Transit ridership was over 71000 for the same period . The Town Engineer stated that the Dewitt Park project . : would. :.n:ot!, be completed this year , unless the weather hold off for two weeks ti<, c ! a r Town Board Minutes _ 3 _ *December 7 , 1981 Half of the fine raking has been completed . He went on to say that it look like the Town will receive some funding for the flood damage . Safer Off System money will be used to correct Stone Quarry Road . Federal Disaster funds may be available for repairs to the Forest Home Drive wall and repairs to the water lines damaged . It would take the Town three years without the special funds . TOWN ATTORNEY ' S REPORT Town Attorney James Buyoucos stated that he had two . cases to report on tonight . . WVBR applied for a . special permit to construct a radio town on Bundy Road . The Planning Board ' approved the permit . The Zoning Board of Appeals denied the application . The Station finally appealed to the Supreme Court . The Town listed their technical objections .- He noted that the Town had not been given sufficient time or notice and , therefore , was put on the defense . Supreme Court Justice Swartwood upheld the Town ' s position and the case was dismissed . - : He stated that WVBR has time to appeals however , he does not know if they will appeal . NCR filed a notice , returnable, October 15 , 1981 , asking for a review of their current assessment . Papers were served on Jean Swartwood . They should have been served on the County , as the County is responsible. forassessments . The case will be heard in Wampsville on December 15 , 1981 . The County will appeal , also the Town will still be involved . i HIGHWAY SUPERINTENDENT ' S REPORT Highway Superintendent Robert Parkin reported that they have been busy with repairs . to the roads that were damaged by the flood . Also , all equipment for winter plowing and sanding is ready for winter use . COUNTY BOARD OF REPRESENTATIVES REPORT Gust Freeman reported that the SCS. Resolution had been passed by the County Board this morning . He further stated that Boardman House will be put on the market for auction . $ 50 , 000 is the minimum asking price . Beverly Livesay reported that there was again activity . on the . old hospital . REDUCTION OF SPEED LIMIT ON CODDINGTON ROAD Supervisor Desch stated . that a petition , signed by 65 residents , of the Coddington Road - Northview Road intersection , had been received requesting a reduction in the speed limit in that area . ( Copy of petition attached to the official minutes ) . He stated that he felt a reduction of speed was justified because of the great difference between the City and Town speed limit . RESOLUTION N0 . 180 Motion by Supervisor Desch ; seconded by Councilman Cramer , WHEREAS , the area serviced by Coddington Road from Hudson Street to Troy Road has changed from rural to suburban in character over the last twenty years with the growth . of Ithaca College and various subdivisions , and WHEREAS , Coddington Road from Hudson Street to Troy Road g. /L Town Board Minutes - 4 - December 7 , 1981 intersects Pennsylvania Avenue , Ithaca College entrance , Juniper Drive , Spruce Way , Northview Road , Northview Road . West , Rich Road , and private driveways most of which are new , - in the last twenty years and WHEREAS , Ithaca Transit and Ithaca School District have numerous stops along the Coddington Road , and WHEREAS , many pedestrians use the shoulder of Coddington Road for access to and from the subdivisions on the aforementioned roads , NOW THEREFORE BE IT RESOLVED , that the Town Board 'of the ToW71, of Ithaca requests that New York State Department of Transportation lower the speed limit on an area basis to 30 MPH on Coddington Road from Troy Read to Hudson. St ,_ eet as 30 MPH is the consistent speed posted in al_ l ` residential_ subdivisions ( Desch , Del Rosso , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye , Nays - ?gone ) . Councilman Cramer asked what is the feasibil. .ity of the ' . State adhearing to the Town' s wishes ? Supervisor Desch answered that we have t-wo rases pending . Beater than a 50 - 50 chance . FINANCING WASTEWATER TREATMENT FACILITY - Supervisor Desch stated that the Towy� of . 11ryden -:wis�� ed. to be signatory to the agreement . He asked the . Board . to note the figures on the costs and repayment of borrowing on page 1 . 64 % City , 35 % Town of Ithaca and 1`/, Town of Dryden . ( Copy attached to official minutes ) . The Supervisor not= ed that some added monies will be needed when the amounts for cash flow are . considered . Councilman Cramer asked if the agreement was design. phase on.l. y ? . Supervisor Desc h answered yes a piece of f b,c eventual con.ta rct . COUNTY MUTUAL AID PLAN RESOLUTION -NO' . 181 Motion by Councilman Cramer , seconded ' by . Councilman Kugler, ` : RESOLVED , that the Town Board , of the Town of Ithaca encourages the participation by the City of Ithaca Fire Department and Village of Cayuga Heights Fire Department in the Tompkins County Fire Mutual Aid Plan as now in force and as amended from time to time and certifies to the Tompkins County Board of Representative : through its County Fire Corrdinator that no restriction exists against " outside service" by such fire company ( fire .department ) within the meaning of Section 209 of the General Municipal_ Law which would affect the power of such fire company ( fire : department ) to participate in such plan , , AND BE IT FURTHER RESOLVED , that a copy of this resolution be filed with the . County Fire Coordinator , ( Desch , Del Rosso , Kugler , Raffensper_ ger , Cramer , McPea.k and : Kiefer voting Aye ) Councilwoman Kiefer stated that she objected on the format of men only , Supervisor Desch asked Mrs . Kiefer If she was volunteering to serve s '; Town Board Minutes - 5 - December 7 ; 1981 FINANCING WASTEWATER TREATMENT FACILITY RESOLUTION NO . 182 , Motion by Councilman Cramer ; seconded by Supervisor Desch , WHEREAS , the City and the Town have embarked upon . Phase II of the Wastewater Treatment Plant Project , Design Phase Project IC361095-02 , and . 1. WHEREAS , there is a need for temporary financing of the local share of such Phase II , estimated to be $ 271 , 614 . 00, and WHEREAS ; the City and the Town desire to enter into an Interim Agree— went pending final agreement relating to the entire project , said Interim Y . Agreement relating to the Phase II financing ; b: .NOW , in consideration of the mutual premises and other consideration n ' contained herein , the parties agree as follows : F to The City shall be and hereby is empowered and authorized to borrow up to $ 271 , 614 . 00 on behalf of the City and k the Town through the use of Bond Anticipation Notes , . the { k proceeds to be used for Phase II local share expenses and cash flow needs between the filing and receipt of Federal and State requests and reimbursements , rr f 20 Unless otherwise provided in the final agreement between the parties , the City and Town shall participate in the Phase II costs and repayment of borrowing in the following percentages , to wits 6S% by the City ; 35% by the:. T4�art . 3 . The Cit_y . shall set up ea Capital Project #98 and keep . . all funds related to this Phase II separate and dis-- tinct from all other funds . 4 . All interest payable on said Bond Anticipation Notes and all other costs associated with Phase II shall be I. paid out of this account and all interest earnings F t 1 on any temporary investment shall be paid into this • i account and become a part thereof. S . The parties agree , and the BAN ' s shall so provide , j that either or both parties may pregay its share of r the outstanding BAN ' s and other costs at any time without penalty . Town Board Minutes - 6 - December 7 ; 1981 60 The BAN ' s - shall continue as long as convenient and desirable by both parties . If no final agreement is i . reached within years of the date hereof , or if it is determined not to proceed with the project , then this agreement shall- constitute the sole' . agree- ' i ment " between the parties relating to these funds f and each party shall be responsible . for. :its akQZes:aid percentage of the expended or encumbered, share of Phase 11 and shall pay such share within one month of such date or determination . ( Desch , Del Rosso , Kugler , Raffensperger , Cramer , McPeak : and Kiefer voting Aye . EAST ITHACA CIRCULATION Supervisor " Desch stated that a lot of discussion had been held on the East . Ithaca. " Circulation along . with a lot of: . letters and petitions . He went on to say that there were a number of suggestions worthy of further study , mass transit , - parking lots on Warren Road , corridors for Pine Tree Road. traffic . He went on to say that the Town of Ithaca should resolve their own problems for Forest Home and Pine Tree Road . traffic and should not expect to inject Town of Dryden solutions into our resolutions _ The Supervisor went on to say that he felt- the people o n Pine Tree Road had a valid concern with Cornell campus expansion . Pine Tree Road people hear the blurkt of thus : . campus traffic . Campus functions may or may i;iot expend`. In any event , what ever is built 1n. th. e Orchard , , we have now gotten the attention of Cornell and the Couinty I. f we back off now , both the County and Cornell will feel the Town does not mean business and hackcff .. Councilwoman Ra:ffensperger stated that not all correspondence. . . had been received , the letter from Douglas Britten being a prime example . RESOLUTION NO . 182 Motion by Supervisor Desch seconded . by Councilman Cramer , . RESOLVED , by the Town Board of the Town of Ithaca that a change is approved for Page 2 , third Whereas , to read as follows : . WHEREAS9 the East Ithaca Town Association has expressed its opposition to Phase I construction , including relocation of the northern terminus of Pine Tree Road to the alignment" re -- commended in the Study Report because . of the traffic increase implications resulting from the new road on Pine Tree Road and Honness Lane , because of the impact of the corridor on the health . and safety of the residents of the Ellis Hollow Apart ments and because of its potential for incerased. iraffic on Caldwell Road ( See also Petition from residents of the Ellis Hollow Apartments dated December 1 , 1981 ) , arid. Town Board Minutes - 7 - December 7 ', 1981 Councilwoman Raffensperger questioned the Board ' s willingness to delete the reference to the alignment recommended in the Study Report . She .went on to say that the concerns of the communities about seeing that wer are going to do that on the alignment in the Study Report seems to lock the Town Board into that particular alignment whether or not all concerns contradict it . Councilwoman Kiefer stated that she felt it would be read that way , not only by residents but also by the County . It is obvious that the resolution points to at lease a delay in Phase I construction . Councilwoman . Raffensperger stated that you can design anything you want but what I object to is relocation of the northern terminus , RESOLUTION N0 , 183 Motion by. Councilwoman Raffensperger ; seconded by Councilwomaa Kiefer , RESOLVED , that the Town Board of the Town . of Ithaca hereby recommends the tableing of the resolution concerning the East Ithaca Connector , Councilman Cramer Voting Aye Councilman Del Rosso Voting Aye Councilwoman Kiefer Voting Aye Councilman Kugler Voting Aye Councilman McPeak Voting Aye . . Councilwoman Raffensperger Voting Aye _ Sup.ervisor Desch Voting Nay RESOLUTION NO 184 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby sets the date of December 14 , 1981 , at 7 : 30 P . M . , to consider the adoption of the East Ithaca Connector . ( Desch , Del Rosso , Kugler , Cramer and McPeak voting Aye . Nays Raffensperger and Kiefer ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF A TOWN OF ITHACA FIRE CODE Proof of posting and publication notice of a Public Hearing to consider the adoption of a Town of Ithaca Fire Code having been presented by the Town Clerk , the Supervisor opened the public hearing . Building Inspector Lewis Cartee noted that on . January 1 , 1985 , all existing public buildings must be in compliance with the fire code . Town Attorney James Buyoucos stated that the State decided to modify the ( State ) Fire Code . The Towns are now under mandate to adopt same by January 1 , 1984 . Rules and Regulations must be adopted by January 1 , 1985 , He stated that this local law was modeled after another municipalities fire code with certain modifications . He went on to say that adopting this law tonight will help in obtaining funds to implement the law . Modifications can be made later . i y Town Board Minutes - 8 - December ' .7 ; : 1981 LOCAL LAW NO . 1 - 1981 Motion by Councilman Cramer ; seconded by Councilwoman. Raffen.sper_ ger , LOCAL LAW NO . 1 . - 1981 A LOCAL LAW TO ADOPT THE NEW YORK STATE FIRE CODE - Section 1 . Applicability . This local . law shall provide the . basic method ' fox admibmstration and enforcement of the State Fire Prevention, Code a_Y. the Town. of _ Ithaca , and shall establish powers , . duties. and responsibilities in connection therewith . Section 2 . Effective Date . This local law shall take effect immediatelT ;` lection 3 . Administration . The Building Inspector is hereby designated to administer and enforce the State Fire . Prevention Code within. the Town of Ithaca . Section 4 . Partial Invalidity . If any section of this local law- shall be held vncorxs 'cztuta oral , i.nvalid ,_. or ineffective , . in wholelor in part , such determination shall not be deemed to affect , impair or inva.Teidate the remainder thereof . Section 5 . Rules and Regulations . 501 The Town Board may adopt rules and regulations fog the administration : and enforcement of tare State Fire , Prevention Code . Such rules and regulat oi;.._, s1i � 11 conflict with the State Fire PreventlonCode , t1i.a. s local law , or any other provision of law , 5 . 2 The Town Board shall publish all rules Wad Y egul a.W..013.S . at least 30 days prior ' to the effective date thereof ird .a newspaper of general circulation within the � Town: of Ithaca ® Section 6 . Permits . 6 . 1 . Upon payment of the fee , as prescribed in . the schedule of fees adopted by the Town Board , permits shall be issued by and bear the name and signature of the Building Inspector and shall specify Activity or operation for which permit: is 'Is ,sued , Address or location where activity or operation is to be conducted . Name and address of per�iAttee . - .k-: . .. - ' ., .r Town Board Minutes - 9 - December 7 1981 Permit number and date of issuance . Period of permit validity . 6 . 2 Permits shall not be transferable and any change in activity , operation , location ; ownership , or use . shall require a new permit . 6 . 3 Permits shall continue until revoked ; - or for a period of time designated at the time of issuance' ° An extension of the permit time period may be granted provided a satisfactory reason . can be shown for. failure to start or complete the work, or activity authorized within the required time period . = 6 . 4 Permits . shall . be obtained for the following : Acetylene Generators : To operate an acetylene generator . having . a calcium carbide capacity exceeding five pounds . Automobile . Tire Rebuildin Plants. : To -operate an automobile tire rebuilding plant , Automobile Wrecking Yards : To operate an automobile . wrec k ing y'arU . _ . Bowlin Establishments : For bowling Pin refinishing and bowling lane resurfacing operations involving the use . and application of flammable or . combustible liquids or materials . _ _ 1 . Cellulose Nitrate Motion Picture Film : To store , keep or have on hand more than 25 pounds of cellulose nitrate motion picture film . Cellulose- Nitrate Plastics (Pyroxylin) ? a) To- - stone-, keep or -have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin) b) To manufacture articles of cellulose nitrate plastic (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles , Combustible Fibers : To store , handle , or use combustible fibe rs in quantities in excess of 100 cubic feet , except agricultural products on a farm . Combustible Materials : To store combustible materials inc u ing but not invited to empty combustible packing- cases , boxes , barrels , or similar containers , :rubber tires , baled cotton , rubber , cork , - or _ other similar materials in - excess of 2 , 500 cubic feet gross volume - on any premises . - _ - . Town Board Minutes - 10 - December ' 7 , 1981 Compressed Gases : a) To storb , handle , or use at normal temperatures and . pressures more than : 1) 2 , 000 cubic feet of flammable compressed gas , - or 2) 6 $ 000 cubic feet of norcflammable compressed gas . • b) To store , handle or use any quantity of liquefied, .natural . or . hydrogen gas Cryogenics : To store , handle, or use cryogenic flud.s ,` . except cryogenics used as a motor fuel and . stored in motor . vehicle tanks , as follows a) Production , sale or storage of cryogenic fluids . e b ) Storage - or use of flammable cryogenic fluids , C1 yogenic oxidizers ; or liquefied oxygen in excess of 10 gallons .: I - Drycleaning Plants : To use in excess. of 4 gallons of solvents or . cleaning agents classified as flammable ' '. or combustible . Dust Produ�c�i_ng �Plants . ' To operate dny grain elevator , :tIour starch$ or feed mill , woodworking plant , or plant pulverizing aluminum , coal , cocoa , plastics , magnesium , spices , sugar , sulfur , or other materials : producing explosive potential dust " -_Fx2losive Ammunition and B1. astin Agents a) To manufacture , possess , store , sell , or otherwise dispose of explosives and bl as .. in.g agents b) To use explosives or blasting agents . c) To operate a terminal for handling explosives or : blasting agents . Flammable and Combustible Liquids : a) To store , handle , or use flammable liquids in excess of 6k gallons inside. dwellings , or in excess of 10 gallons inside ary other buildings - or other occupancy , or in - excess of 60 gallons outside of any building . Town Board Minutes - 11 - December 7 , 1981 This provision shall not apply to : ( 1 ) Liquids in the fuel tank of a motor vehicle , aircraft , portable or stationary engine , boat or portable heat ' g . p. ant . ( 2 ) Paints , oils , varnishes or similar flammable mixtures , when such liquids are stored for maintenance , painting , or similar purposes . b ) To store , : handle , or use combustible liquids in. excess of; 25 gallons inside a building , or in excess of; 60 gallons outside of a building . This provision shall not apply to fuel oil used in connection with oil burning equipment : c) A permit shall. be obtained for the . .initial installation of an oil burner and a fuel oil. . tank used in connection therewith . A permit : shall be required for the replacement of ` a fuel oil . tank connected to an. oil burner . d) For processing , blending, - or refining :a fIamnable m . or combustible liquid . Flammable Finishing : For spraying , coating, , or - dipping operations . uti izing flammable or combustible liquids . . . Fruit Ripening Process : To conduct a fruit ripening process using ethylene gas . Fumigation and Thermal Insecticidal Fogging : To conduct fumigation or thermal -insecticidal fogging operations . - Hazardous Chemicals : - - - a) - To store , handle , or use more than ' 55 gallons of corrosive liquids , or more than 50 pounds of oxidizing materials , or more than 10 pounds of organic peroxides , or more than 50 pounds of nitromethane , or 1 , 000 pounds or more of ammonium nitrate , ammonium nitrate fertilizers and fertilizer ' mixtures containing 60 percent or - more ammonium , or any amount of toxic material or poisonous . gas ., b) To store , handle , or use any quantity of air reactive , water - reactive , or unstable materials . Junk Yards : To operate a junk. yard . F f Town Board Minutes - 12 - December 7 , 1981 Li uefied Petroleum Gas . - For each installation of liquetied petroleum gas employing a container or an aggregate or interconnected container of over 2 , 000 . gallons water capacity , and for each permanent installation , irrespective of size of containers , made at buildings in which 20 or more persons congregate for civic ; political , educational. , religious , social or , recreational purposes . Installers shall maintain a. record of all znstallatiOns and replacement of portable. cylinders , and 'have it available . for inspeetion . . �Dumb. er Yards , To "operate a lumber yardC - Magnesium : For melting , casting ,, heat treating , machining , or grinding . of snore than 10 p.ou i..ds of magnesion per working day . Matches : o : a) To manufacture matches . b) ' To store Snatches in excess of 25 cases . (Note : One case equals one matchman ` s grass of 14 , 400 matches ) .. . : Organic Coatings : To perform organic coating operations uti izing more than , one gallon of organic coating on any working day . 9L 9 Ovens and Furnaces : To operate Indu:s l.tria proces .s. x ng ovens and furnaces operating at approximately atmosm pheric pressures and tempera.t:�rrec ,-r,ot exceed3.n. g 14000 which are heated . with aril and gas fuel or . which during operation conta.zn f.lammabl_ e vapors from the material in the oven or catalytic combustion , system . tp Places of Assembly : To maintain , operate. , or use a place o--f—as sembly Service . Stations and Repair Garages :: To operate a service station or repair garage . . Welding and Cutting : To operatef a welding and cutting business . Y ;! r - ,.�. N ay n Ya ". r1T } , ',Ip`3rt i " i - • .�. . Town Board Minutes - 13 - December 7 , 1981 6 . 5 Consolidated Permits . When - more than one 'Permit - is required for the same property or premises , a single permit may be issued listing all materials or opera - tions covered-. - Revocation of a portion or portions of such consolidated permit , for specific hazardous materials or operations , shall not invalidate the remainder . 6 . 6 Location of Permits . Permits shall be kept on property or premises covered by the permit or carried by the permit holder . 6 . 7 Revocation of Permits . Permits may be suspended or revoked when it is determined there is a violation of a condition under which the permit was issued , or there has been misrepresentation or falsification of material facts in connection with the permit application_ or . a condition of the permit . � = Section 70 Inspections 7 . 1 The Building Inspector shall conduct periodic . inspections for compliance with the provisions of the State Fire Code Such inspections may be made at any reasonable . time . 7 . 2 If entrance to make an inspection is refused or - cannnot. be obtained , the Building Inspector may apply for a warrant to make an inspection- to any court - of competent jurisdiction . Section 8 . Violations 8 . I A - person owning , operating , occupying or maintaining . . property or premises within the scope of the State Fire Prevention Code or this local law shall comply with all provisions of the State Fire Prevention: Code , this local . law , and all orders , notices , rules. , regulations. or determinations issued in connection therewith . . . 8 . 2 ' Whenever- the - Building Inspector finds that there has been a violation of the State Fire Prevention .Code , this,- local law , or any rule or regulation adopted pursuant to this local law , a violation order shall be issued to the _ person or persons responsible . 8 . 3 Violation orders shall be in writing. , shall identify the property or premises , shall specify - the violation and remedial action to be taken , . shall provide a reasonable time limit for compliance , and shall state the time within which an appeal maybe taken . 8 . 4 Violation orders may be served : by personal service , by :mailing by registered or certified mail to the property owner at the property address , or by posting a copy there- of . . to the - premises on the same day as posted , enclosed in a prepaid wrapper addressed to the person responsible . . 8 . 5 In case the owner , lessor , occupant or the agent of any of them shall fail , neglect . or refuse - to ' remove , V J21 Town Board Minutes - 14 - December 7 `, 1981 eliminate or abate the violation within the time specified- in the violation order , a request to take appropriate legal action shall ' be made to the Town Attorney of the Town of Ithaca . Section 90 Penalties , 9 . 1 Failure to comply with any provision of the State Fire Prevention Code , . this local law , rules or regulations . adopted pursuant to this local law , or a violation order shall be deemed a violation and ' the violator shall * be liable for a fine of not less than one hundred dollars ( $ 100 . 00) , - or imprisonment not to exceed 30 days , or both . . and each day such violation. continues shall constitute , a separate violation. . The Budldang Ynspector is hereby authorized to issue an appearance ticket for any violation of this law pursuant. t® the Town . of Ith.a.ca Local Law # 1 of 19790 992 A. action of proceeding in the name o the Town of Ithaca may be commenced in any court .of competent Jurisdiction to compel compliance with or. restrain by injunction the violation of any - provision of the State Fire Prevention Code , this local law , rule or regulata:ori ' adopted pursuant- to ,this local law, . or a violati.or., order. o3:- to .vacate: the occupancy or building ' in the case of imminent danger to . life or property . Such remedy shall be in addition to penalties otherwise prescribed by law . Section 10 . Records The Building Inspector shall keep official records of7all. permits , inspection reports , recommendations , complaints and violation orders . Section lie Removal of Dangerous Buildings or Structures . 1191 A. . building or structure or part thereof , which is axe, imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared. to: be a' public nuisance . 11 . 2 Tnlhenever the. Building Inspector finds a building . or structure , or part thereof , to be an imminent . danger to . life and safety of the public as a result of a fire or explosion, the Building Inspector may cause it to be demolished and removed or may cause work to be . done in and about the building or structure as may be necessary to remove the danger . 11 . 3 The Building Inspector may require the occupants of any such building or structure , or part. thereof , to vacate the premises forthwith . No person shall use or occupy -.such building or structure , or part thereof , until it IS - made safe . Except for the owner , no person shall enter premises -. ; which have been ordered vacated. unless authorized to perform inspections , repairs , or to demolish . and remove such building or structure , or part thereof . _ .. ...,.-s v- - - _ . - - .... , . .. _ ,... ;.., .cam,• ... .. Town Board Minutes - 15 - December 7 , 1981 11 . 4 All costs and expenses incurred by the . Town of Ithaca = in connection with any work done to remove the . danger , or in connection with the demolition and removal of any - such building or structure shall be assessed against the land on which - such building or structure is located , and a bill for such expenses shall be presented to the owner of the property , or if the owner cannot be ascertained , then such bill shall be posted in a conspicuous place on the premises . Such assessment shall be , and constitute a lien upon such land . . . If the owner shall fail . to pay ' . for.. . such expenses within ' ten days after_ the bill AILS is presented or ' posted , a legal action may be brought to collect such assessment or to foreclose such lien . As an' . alternative to the maintenance of any - such I action , - _ the Building Inspector - may file . a certificate of the. actual expenses incurred as aforesaid , together with a statement identifying the property . in . connection 'with which the expenses were incurred , and - the owner thereof with the assessor , who shall in . the preparation - of the - ; . = . text assessment roll. assess such amount upon such property . . Such amount shall be included in the levy - against such property , shall constitute a lien. and shall be collected and enforced in the same : mariner , . by the same proceedings , at the same time, and . under the same penalties , as is provided by law - for collection and enforcement of real property taxes in the . Town of Ithaca . Section 12 . Review Board . 12 . 1 Where practical difficulties or .unnecessary hardship.. may result from enforcement of the strict letter of any provision of the State Fire Prevention Code , . applications for variances consistent with the spirit of the Code and not inconsistent with the requirements of subdivis0on. two of section three hundred - ninety- one of Article 18 of the Executive Law may be made to and acted upon - by .- a. Board. of Review established in accordance with the provisions of section three hundred ninety- five of the Executive Law . - - 12 : 2 The Building Inspector shall obtain a copy , of the. Review Board ' s decision of its record . 12 . 3 Board of Review . The Zoning Board of Appeals of the Towne of Ithaca is hereby designated as the Fire Code Board ofc Review . = Section 13 . Miscellaneous Provisions. 13 . 1 Inspections of premises belonging to the State or Federal Governments , or any agency % thereof , public or private institutions , including , without limitation , hospitals , nursing homes , buildings for senior citizens , hotels and motels or public or private educational institutions , including Ithaca College and Cornell University ( including, any private research facilities located on property belonging to Cornell University) , shall continue to be made in the - same manner and shall be conducted by the- same personnel . as has been the case prior to the adoption . of this local law . This provision shall continue in force and effect until such time as this law shall be.- modified by local law or resolution of the Town Board or until resolutions are promulgated by the Town Board . Town Board Minutes - 16 - December 7 ; 1981 Section 14 . Modification . 14 . 1 The Town Board may modify , delete or add. to the provisions . of this local law not only by local law or or_ dIn- ance but also by any resolutlon , . rules• or regulations - which the Town Board - may enact or adopt . Supervisor Desch called for a roll call vote . Councilman Cramer Voting Aye . Councilman Del Rosso doting Aye Councilwoman Kiefer Noting Aye Councilman Kugler V'otIng Aye Councilman McPeak Notting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Votirig ' /eye Local Law No . 1• - . 1981 , was thereupon declared duly adopted. , POPULATION PROJECTIONS WATER STUDY Supervisor Desch reported that Stearns and Wheler has completed the Population ' and . Water Use. Projections fog- 30 years : . ( Copy attached to the . Official Minutes ) , The Supervisor went on to say that the final report should be endorced by the Board . He noted . that the main point was ,' not to underestimate the rate . of growth . He noted that there were a. number of -- relatively small concerns , . however , Tie felt comfortable with the report : He felt the Board should be aware that if the old hospital . were every . filled to capacity , the water use on ' West hill could increase substantially . RESOLUTION NO : 185 Motion by Supervisor Desch ; seconded by Councilman Del Rosso ; RESOLVED , that the Town Board of the Town. of Ithaca hereby endorces the Population and Water Use PrcY,' ectior., s a. s j � �_ c t c—(7 d. by Stearns ' and Wheler based on the 1980 census r ( Desch , . Del Rosso , Kugler , Raffensperger' , Uj, ai-her , McP ea. K and Kiefer voting Aye . Nays - none ) . COMPUTER SELECTION Peter Lovi stated that there has been an ongoing project to select a computer . He has looked at . the needs of the Town Hall . staff and found that the most pressing needs were for a word processor < Accounting can keep on line records on the computer . A data base management is needed to keep the large files on parcels of land in the Town. . He went on. to say that a master file would be created . The important thing is that a good, computer is need fa ,. Town Hall . wi. th two work stations , one for Nancy and one for Jean with one printer . A micro computer is also need for Larry and himself he noted . Mr Lovi went on to say that dozens of systems have been considered , : IMB was the most impressive and. the most flexible . He then recommended that the Town now put- out the specs and . go to bid . Councilman McPeak asked if the Town could rent time an:d receive an income from the rental ? Town Board Minutes - 17 - December T, 1981 Mr . Lovi responded , if we went to a larger system this might be possible . Supervisor Desch stated that the County and City were satisfied with Tompkins County Trust Company computer service . Town Engineer Fabbroni stated that he would not be surprised if the County bought small computers for each department . Mr . Lovi responded that the County was already talking about small departmental computers . Councilman Del Rosso cautioned Mr . Lovi to be careful of the software purchased . Mr . . Lovi stated that IBM ' s new line of software had been revamped . Mr . Lovi added the thought , the IMB printer is capable of running three- display .writers . RESOLUTION N0 , 186 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca authorizes the inviting of bids from all qualified vendors to propose a computer . system to be installed at the Town Hall . ( Desch , Del Rosso , Kugler , Raffensperger and McPeak voting . Aye . Nays - none . Abstaining - Kiefer ) ( Councilman . Cramer left the meeting before the vote was taken ) . CONCORD & BURLEIGH . STREET LIGHTING RESOLUTION N0 . 187 Motion by Supervisor Desch ; seconded by Councilman Kugler , . RESOLVED , that the Town Board of the Town of Ithaca hereby . directs NYSEG . to install a street light at the corner o.f Concord and Bur_leigh Drive . ( Desch , Del Rosso , Kugler , Raffensperger , McPeak and Kiefer voting Aye . Nays - none ) . 1 _ TOWN OF ITHACA WARRANTS RESOLUTION N0 . 188 Motion by CouncETTEan McPeak ; seconded by Councilwoman Raffensperger ,. . RESOLVED , that the Town Board of the 'Town of Ithaca hereby approves the Town of Ithaca Warrants dated December 7 , 1981 , in the following amounts : General Fund - Town Wide . . . . . . . . ., . . . . . . . . . _ . . . $ 16 , 959 . 78 General Fund - Outside Village . . . . . . . ; . , , , . . 5 , 611 . 45 Water & Sewer Fund : . . . . . . . . . . . . . . . . . 31 , 026010 Highway. Fund . . . . . . . . . < . . . . . . . . . . . . . . : . . . . . . . . . 28 , 706 . 86 . Parks Reserve Fund . . . . . . . . : . . . . . . . . . . . . . . . . 1 , 022 . 55 Fire Protection . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 60 , 910 . 50 Lighting Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 . 44 ( Desch , Del Rosso , Kugler, Raffensperger , McPeak and Kiefer voting Aye . Nays - none ) . 11 t Y f ` X( Town Board Minutes - 18 - December 7 - BOLTON POINT WARRANTS RESOLUTION N0 . 189 e Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Bolton Point Warrants dated December 7 , 1981 in the Operating Account are hereby approved , in the amount of $ 54 , 210 . 32 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission they are in order for payment . ( Desch , Del Rosso , Kugler , . Raffensperger , . McPeak. and Kiefer voting Aye . Nays - none ) , STREET OPENING PERMIT REFUND RESOLUTION N0 , 190 Motion by Supervisor Desch ; seconded by Councilman. . Kugler RESOLVED , WHEREAS the Town of Ithaca Highway Superintendent has approved of . the refunding of $ 100 . 00 fora Street Opening Permit issued to Dick Weber Plumbing Contractor , and. WHEREAS , . Tudor Road has been restored to his satlsfact1011 , NOW THEREFORE BE IT RESOLVED , that the Town . Board of the Town of Ithaca hereby approves a refund in the amount of $ 100 . 00 deposited by Dick Weber Plumbing Contractor , for the Tudor Road Street Opening Permit . ( Desch ; Del Rosso , Kugler , Raffensperger , McPeak and Kiefer voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . rw own Clerk