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HomeMy WebLinkAboutTB Minutes 1983-08-08 TOWN OF ITHACA REGULAR BOARD MEETING August 8 , 1983 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 August , 1983 , there were : ® PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman ® Henry McPeak , Councilman Dooley Kiefer , Councilwoman David Jennings , Councilman ALSO PRESENT : James Buyoucos , Town Attorney Lawrence Fabbroni , Town Engineer Robert Parkin , Highway Superintendent Peter Lovi , Town Planner Claude Robb , 221 Eastern Heights Drive Valentin Boriakoff , 219 Tudor Road Jean Prewitt , 219 Tudor Road Sarah I3 . Poyntz , 108 Tudor Road Jon DR Radzinowicz , 108 Tudor Road Lorenz E . Johnson , 107 Tudor Road Mildred S . Johnson , 107 Tudor Road Ann Ceurvels , 214 Tudor Road Beverly Livesay , Board of Representatives Susan Piliero , 327 Winthrop Drive Representatives of the Media : J . C . McKinley , WTKO Bruce Ryan , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report ® Status of the Ithaca Area Wastewater Treatment Project Supervisor Desch commented that we have participated in each - of the three upstate workshops of the four workshops across the state , at Genesseo , Cortland , Bronx and Troy . Each of these sessions , while repetitive , were informative in many ways , not only in the questions and answers of interest statewide but discussions afterward with those responsible for the scoring and the list . He went on to say that we will be submitting written comments relating to our particular situtation , especially with respect to logical segments , i . e . , the first segment would be pile foundations ( $ 7 million ) ; the outfall segment ( $ 5 million ) is ready . There is a possible division into five segments . Of particular interest is the matter of grandfathering all of the segments . We have a commitment from the Commissioner of NYDEC , but EPA has the final say on this matter . The draft list goes to Washington in August and they have 30 days disapprove it . We are in a strong to approve or to construct the foundations this Pl ition and hope for a grant Town Board Minutes - 2 - August 8 , 1983 At the SJS meeting on August 15th , we will be discussing the staffing requirements for the construction period . It is quite likely that we will propose a full time owners representative to assure prompt processing of documents such as change orders , requests for shut downs , making sure not only construction but design engineers do their jobs . The segmented nature of the project may also complicate this . Landspreading of Liquid Waste ® The Supervisor went on to say that we have had a number of complaints about the landspreading of cheese whey by Mr . Alfred Eddy on lands that he rents from others throughout West Hill . ® The material is brought in tankers from Rochester and stored in a large tank on his farm in Enfield . Mr . Eddy spreads the material and does not cover it up immediately thereafter , and it has a chance to ferment in the meantime . Concerns include not only the odor problem but the impact on ground water . The County Health Department claims they have no way to stop the activity . We have been successful in temporarily stopping it in one area , only to have it moved to another . Supervisor Desch then read the following letter dated August 2 , 1983 : Noel Desch Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Dear Mr . Desch : On July 4 , 1983 , I placed a call to the Tompkins County Health Department and also to Mr . Gust Freeman , asking for some help concerning an odor problem we were having in our area . I am now making a formal complaint , to the Town of Ithaca . My complaint is with Mr . Alfred Eddy of Eddy Dale Farms . The land in question is located between Elm Street Extension , Ithaca and Mecklenburg Road , Ithaca , New York . He has been using a liquid slurry ( as the Health Department calls it ) to spray on the fields . This liquid slurry is causing an unacceptable level of stench which lasted 8 days and nights . During July July 2 , 1983 to July 81F 1983 , we had very hot ® weather . This along with t'he humidity made it impossible , because of the stench , to open our windows or be outdoors . The only alternative was , to leave the neighborhood area , because the stench reached as far as Floral Avenue in the City . ® Mr . Desch , I am sure the Town of Ithaca and the and my neighbor wouldn ' t allow me to dump my sewage on myrfront lawn . So why should we be asked to accept sewage being sprayed in the field behind our homes . No matter who ' s sewage it is human or animal , the level is unacceptable . Please , something must be done . Any help will be deeply appreciated . Thank you , Mrs . Dawn Greene The Supervisor also read a letter addressed to Mr . Alfred Eddy , .from the Tompkins County Health Department dated August 3 , 1983 , copy of wln . ch was sent to trim . Town Board Minutes - 3 - August 8 , 1983 Mr . Alfred Eddy 544 Bostwick Road Ithaca , New York 14850 RE : Manure Handling Dear Mr . Eddy : As you know , this department has received complaints regarding odor from you manure spreading operation . From May , 1979 to July ® 28 , 1983 , we have received a total of 19 complaints . Article XI , Section 2 , of the Tompkins County Sanitary Code ® states , " Animal or fowl excreta may be used on a farm as fertlizer where produced . Unless broadcast , animal excreta cannot be accumulated or piled within 250 feet of a residence or well of another property owner . Such waste cannot be deposited in a manner which would allow it to pollute any body of water or stream . " To date , I have not observed a violation of the Sanitary Code , However , I have observed the use of whey being mixed with manure in the storage tank . It is my understanding the whey is used primarily for animal feed , but was also being used to dilute the animal waste so it could be handled . Whey , a by - product of milk , is being shipped to your farm by a dairy company . While there is no objection to using whey as a feed , it cannot be landspread without a permit from the New York State Department of Environmental Conservation . The use of whey in the manure handling operation may or may not be a contributing factor to the odor complaints . However , before a permit could be issued for this type of whey disposal , you must demonstrate by factual data that the odor is not going to cause a problem . Unless and until a permit is issued by the Department of Environmental Conservation for the mixing of whey with manure , You cannot dispose of whey in this manner . If you have any questions regarding the above , please contact John Andersson or myself . Very truly yours , Carl Burgess Public Health Sanitarian cc : Mr . Steve Lackey , Region 7 , Dept . of Environmental ® Conservation , Liverpool Solid Waste Engineer , Region_ 8 , Dept . of Environmental Conservation Mr . James P, ay , Tompkins County Board of Representatives Mr . Gust Freeman , Tompkins County Board of ® Representatives Mr . Noel Desch , Town of Ithaca Mr . Roger Hubbell , Town of Enfield The Supervisor stated that the staff was researching the regulations to see what would be included in a local law to properly restrict this activity . Councilwoman Kiefer asked if an objectional odor , which is a kind of air pollution comes under DEC jurisdiction ? Supervisor Desch responded that he wasn ' t sure , however , a copy of the Tompkins County Health Department letter has been sent to DEC . The Supervisor reminded the Board that Mr . Eddy ' s farm is in the Town of Enfield , however , he ren Ithaca. , ts land in the Town of Town Board Minutes - 4 - August 11 , 1983 Budget Amendment The Supervisor . went on to say that the Budget Amendment item on the agenda is a routine accounting step relating to the appropriations of already_allocated Federal Revenue Sharing Funds to Capital Project Accounts . No changes in a .__. ,. ._ are involved . g appropriation amounts He stated that when we allocate the next round of Federal Revenue Sharing funds we will also have about $ 11 , 000 of accumulated ® interest to allocate . Executive Session ® The Supervisor commented that at the end of our meeting , he would be asking for an executive session to discuss a personnel matter involving one of our CETA employees . He stated that he expected the session to be rather brief and primarily a matter of giving the Board a report . Town Hall Vandalism ` Mr . Desch noted that there have been two incidents where our front door was broken through during this past month . The insurance company for the employer of the individual involved will be paying for a new door frame . He stated that he had asked Jean Swartwood to put together some proposals for repairing the damage and another for putting in a metal frame for better security and possibly reswinging the door outward , since it is a legal exit . We have the two proposals tonight , from McGuire and Bennett $ 842 . 00 for repairing the damage and $ 2 , 041 . 00 for a metal frame and swinging the door outward . The extra cost - a difference of approximately $ 1 , 200 - - will be an a charge against our Town Hall Rehabilitation Account . appropriate Councilwoman Kiefer asked why someone had broken into Town Hall ? Supervisor Desch responded , we asked ourselves that same question . We don ' t know . He went on to say that no damage had been done to the inside of the building . Town Engineer ' s Report Town Engineer Fabbroni reported that work was proceeding on park construction , Forest Home Walkway , the Lehigh Valley Railroad ' right - of -way , along with brush cutting . He noted the Town had received the grant for landscaping and have advertised for bids , ® which are to be opened tomorrow . He went on to say that they were moving along well with the project to straighten out the files , with the assistance of the ® summer help . Along with the ARC Grants and the Burns Road project , all and all we have five or six things in situation , as they all seem to hit at the same time , a crunch Mr . Fabbroni went .on to say that Michael Ocello was proceeding to complete the West Hill survey for water and sewer lines , after this he will proceed to the South Hill area . tiro Fabbroni stated that many of the youth workers in the age group of 18 and 19 years old had found better employment opportunities . We now have a , 18 , and 19 . However , this has created a problem with g having adequate help to run the power equipment . Town Board Minutes - 5 - August 11 , 1983 Highway Superintendent ' s Report Robert Parkin , Highway Superintendent , reported that they have installed twenty - two " No Parking " signs at the East Hill Plaza , Art Westmiller is out with his brush - cutting crew of youth workers , doing a fine job . He went on to say that the hot patching will be completed tomorrow or the next day . Surface treatment and repaving will be ® completed in August . The first road - side mowing has been completed . He noted that he would be getting a paver from Cortland that adjusts to the conditions on the side of the road . ® Two men are working .on the Game Farm Road Bikeway cleaning brush and hauling crusher in preparation for paving . Councilman Jennings asked if there will be shoulders on Stone Quarry Road where there is currently an 8 " drop - off ? Superintendent Parkin said.. there would be . Mr . Parkin reported he had missed the flood control meeting because they had told the Town the wrong date . COM141ITTEE REPORTS Cable TV Committee Councilwoman Kiefer reported that since the July Board meeting , the Committee had met three times . On July 9th they have completed the text of the draft franchise agreement and on July 25th , began discussing rates . Mrs . Kiefer stated that the Committee felt an article on rates should be included in the Newsletter . Also , airs . Kiefer stated that she would like to talk about the informational public hearing scheduled for August 29th . She stated that this was not a good time to hold a public hearing as we cannot hold a public hearing until we have agreed upon a draft franchise to send to Albany for approval . The Committee suggests using the Town Newsletter - - and / or a box ad to give information about present rates ( including how long they have been unchanged ) , ACC - proposed rates and a list of possible satallite channels , and to have the meeting in September when more people are back in Town . She went on to say that a meeting was held August 3rd , at which time the Committee began going over ® the text with Martin Sheridan , Manager of ACC . We have another meeting with Martin Sheridan scheduled for next week on Wednesday , August 10 , at 2 : 30 p . m , ® Supervisor Desch remarked that a Newletter could be sent out the end of August and we could hold the informational public hearing at the regular September meeting . Councilwoman Kiefer questioned if renters in apartment houses would receive the Newsletter ? Supervisor Desch responded probably not , let Martin Sheridan take a number of the Newsletters to the various apartment houses . Councilwoman Kiefer stated that she had a small bit of information to impart . The franchise can be renewed for five years ( at ACC ' s option ) only if language so stating is already in the franchise . It is not in -the original 1966 contract ; however by 1977 there is mention of a 10 - year term with 5 year renewal option. Codes and Ordinance Committee Town Board Minutes - 6 - August 11 , 1983 Councilman Cramer stated that the Codes & Ordinance Committee had met twice since the July Board meeting . The second draft of the Subdivision Regulations is on the word processor . He stated the committee was concerned with the fees to be charged to violators and asked the Board members to consider this and get back to Codes & Ordinance , with their suggestions by next week . He went on to say that a revised draft of subdivision regulations would be available to the Board by the end of August . Parks and Recreation Committee ® Councilwoman Raffensperger stated that the Parks and Recreation Committee had met on August 3rd and the majority of the business ® discussed is reflected in agenda items # 15 and 16 . Public Safety and Youth Committee Councilman Jennings reported that - he attended a meeting with the had been held with the new Fire Commissioners . They are very aggressivly pursuing new fire station locations , particularly the location of a fire station on South Hill . He and the Supervisor had a productive mmeting with Mayor Shaw , Chief Tuckerman , and Bob Anderson , reviewing South Hill locations . Also , there is work with Fire Department members on finding a new location for a fire training building , a possible site in the Town is south of Route 13 opposite Buttermilk Falls - - but there is a problem with Parks . Councilman Jennings went on to say that hopefully a meeting with the Fire Commissioners can be held to discuss problems . He stated that he was encouraged with the cooperation and especially the news release on the relocation of the fire station on South hill . We will be able to move forward and provide better fire protection to benefit both municipalities . Supervisor Desch stated that this was the first time such cooperation has been so prevalent . Councilman Jennings then went on to explain that the County Youth Bureau has met in planning session to allocate funds for youth services . Reports were given on community workshops versus individual remedial service . How funds are being spent . Where we stand in solving youth problems , such as teenage pregnancy which was moved from a community to a county wide pro ram . A four - square grid , remedial and preventive achtivities vs . community and indivudual activities , was suggested as the basis for analysing how fund could best be allocated . ® Councilwoman Kiefer asked , are they suggesting an analysis be done ? Y ® Councilman Jennings responded yes , but it was left up in the air . Personnel Committee Supervisor Desch reported that the only activity to report was that he had just about finished writing the job descriptions for each employee and hopefully the committee should receive them in about a week and meet in August or September . EASTERN HEIGHTS PARK PLAN Councilwoman Raffensperger stated that she had received the following letter from Anne Schwarting today : 1121 Park Lan, l Itnc-zca , New York August 7 , 1983 Town Board Minutes - 7 - August 11 , 1983 Ithaca Town Board 126 East Seneca Street Ithaca , New York 14850 Dear Board Members : As Co - Chairman of the Eastern Heights Homeowners ' Association , I would like to express the Association ' s support of the plan for the Eastern Heights Park as revised by the Parks and Recreation Planning Committee . Discussions in the neighborhood concerning ® the park conclude that most of the residents are in favor of this plan ; we feel it meets our needs and addresses our concerns . I must point out that there are a few residents who do not share this opinion , therefore the Association cannot claim to speak for ® all residents , but only the majority . A large number of residents did sign a petition , which was presented to the Town Planning Board , calling for no further development of the park . However , most of the people who signed the petition have stated that they only wanted work stopped until the plan could be revised., and that they are satisfied with the plan as now revised by the Park Committee . Several of the residents have also commented favorably on the responsiveness of the Town Planning Board and the Parks and Recreation Planning Committee . We were impressed with the willingness to halt the work while the plan was revised ; the efforts made to solicit the opinions of the residents , and the incorporation of these ideas into the revised plan . The end result is a plan which is acceptable to the neighborhood while meeting the expressed needs of the Town . Sincerely , , Anne A . Schwarting Supervisor Desch asked , if in presenting the plan , someone would identify the work to be done this year and the work to be done next year . . Town Engineer Larry Fabbroni pointed out the driveway from Tudor Road which will be graveled , the extension of gravel for 5 parking spaces on Skyvue and 5 on Tudor , one - half basketball court ( instead of picnic / pavillion area ) , and two sled runs which need safe ending places . He went on to say that the Committee did not recommend proceeding with the tennis court because of the expense and the cost of ® maintenance . The sled hill has already been graded and seeded , however , the recovery areas need to be completed . There is a proposed walkway from the park to a future roadway . The playfield is scheduled for drainage improvements and landscaping ® improvements ; he noted that the SBA grant for landscaping had been received . Also , the small children ' s play area plus benches and continued expansion of the walking trails . The Town Engineer stated that most of the work was slated to be done in 1983 . Also , park signs will be installed at each of the major entrances with the rules and regulations . He noted that it was difficult at this point to predict what will be accomplished this year as this is the last week and a half of the summer help . However , many of the projects are achievable in 1983 . Supervisor Desch stated that the Town Board was not holding a public hearing on the Eastern Heights Project , but if any person present wished to speak they were welcomed to do , however , he requested they make brief comments . Town Board Minutes - 8 - August 11 , 1983 Pairs . Eric Graf , 216 Tudor Road stated that first , she had a question . What were the different changes that pleased the majority of the group now , that did not please them before ? Councilwoman Raffensperger responded that the pavilion was a major concern . We removed the pavilion from the park plan , even though the structure was not large . She went on to say that there was a misunderstanding about what we intended to do . Students at Cornell drew up and presented the plans . However , the plans were never passed by the Planning Board or the Town ® Board , even though people thought they had been approved . Mrs . Graf then asked who will police the area and under what ® rules ? Mrs . Raffensperger responded that we have a local law , . Local Law i" 1 , 1982 , which governs parks plus the staff has contacted the Sheriff and he has reaffirmed his willingness to work with the neighborhood . Mrs . Graf asked if that meant someone would be on duty there or if we have to call the Sheriff if there is a problem . Councilwoman Raffensperger said you must call . Mrs . Graf commented that they may have to seek legal counsel on this point . Sarah Poyntz , 108 Tudor Road stated that she was attending the meeting for Dr . Radzinowicz who had called from England . Ms . Poyntz stated that Dr . Radzinowicz was opposed to any park in the area if there is no permanent supervision . Ms . Poyntz stated that beer cans are thrown around , in fact , she found some this morning . She felt that there should be someone there permanent . Also , garbage was a problem . Councilwoman Raffensperger stated that this issue was discussed at the Park Committee meeting . The Eastern Heights Homeowners ' Association agreed with the Committee that if there was reasonable use of the park there would be less vandalism . Some of the vandalism is local and the Eastern Heights Homeowners ' Association will talk to the people . Valentin Boriakoff , 219 Tudor Road , stated that he takes exception to Anne Schwarting ' s letter and he presented a petition signed by 87 residents who do not want any extension of the work . The petition makes the position of the residents very clear , that they do not agree to any further work . He stated that he had ® talked to more than half of the people who signed the petition and they have not changed their minds . This represents the majority of residents . Vandalism , police response and fire protection are major concerns . He went on to say that parking would be clearly visible from behind the houses and destruction of wildlife is already there . This�'petition says we do not want the park project continued . Ann Ceurvels , 214 Tudor Road , noted that besides valdelism and fires she was concerned with parking in Tudor Road cul - de - sec . Traffic will be heavy coming off Skyvue Road and she was afraid of cars driving down Tudor Road while drinking . Ms . Van Arsdale , 204 Tudor Road , commented that she was in favor of the park remaining as is . Problems will be created with traffic , fire and vandalism . Anne Rodda , 115 Park Lane , stated that she was infavor of no Further development . She also stated that the last. time she was Mfi. ted to be a member of the Eastern Height Homeowners ' '. S =: OClatiOn was five years ago Town Board Minutes - 9 - August 11 , 1983 Jean Prewitt , 217 Tudor Road , requested that any future development be stopped . She noted that there were not enough parking spaces and cars would be parking on the street in front of the houses . Mrs . Eric Graf , 216 Tudor Road , stated that the road was . very narrow and breaking up already . She stated that she could not understand how the Park Committee could consider extension of the park . ® Lorenz Johnson , 107 Tudor Road , stated that he would like to see things stay as they were . Cars are parking in the road so that we have only one lane now , this should not be continued as there ® are no shoulders . Supervisor Desch asked if the Eastern Heights Homeowners ' Association had held a meeting before Anne Schwarting ' s letter was sent ? Councilwoman Raffensperger stated . that Mrs . Schwarting had telephoned people who had signed the first petition . A lady in the back of the room remarked that she had never received a notice of any meetings . Supervisor Desch questioning the sledding area , asked how much time will need to be spent on regrading ? Town Engineer Fabbroni responded a day ' s work is all that is left . Supervisor Desch then asked if the area had been disturbed and what was the deepest cut ? Town Engineer Fabbroni responded , five feet . Supervisor Desch questioned the parking area . Town Engineer Fabbroni noted that the first parking area is only a matter of laying gravel , about a day ' s effort . He went on to say that the area has been used as a service road . Supervisor Desch questioned the proposed walkway . Mr . Fabbroni responded that the walkway was in the future . He went on to note that the basketball area needs drains and blacktopping . Equipment for the children ' s play area has to be ® ordered yet , then there will be two to three days work on this to set up the pre - packaged activities , and there is also two to three days work to be done on the walking trails . ® Supervisor Desch noted that the Board has already made a commitment to accomplish the landscaping . He went on to say that now it is up to the Board to decide the degree of effort to be used to finish the park . RESOLUTION NO , 98 Motion by Councilwoman Raffensperger ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca endorses the report of the Parks and Recreation Planning Committee , dated August 3 , 1983 , regarding the Eastern Heights Park Area and authorizes the implementation of the Revised Master Plan , Eastern Heights Park , ( July 5 , 1983 ) 1 consistent with the details of the proposal included in the report and recommendations . Town Board Minutes - 10 - August 8 , 1983 Councilman Cramer asked what was planned for the children ' s play area . Councilwoman Raffensperger answered : swings with a slide , a teeter - totter , and benches . Supervisor Desch stated that the basketball as well as the tennis court should wait . Councilwoman Raffensperger noted that the one - half basketball court was to serve the age group not now served . Supervisor Desch spoke against basketball . as a park activity . ® Councilwoman Kiefer asked if the Committee was unanimous in recommending basketball . ® Councilwoman Raffensperger said yes and invited other members to speak . Councilwoman Kiefer spoke in favor of a neighborhood basketball facility , citing the old . Cayuga Heights School playground and telling how the basketball area is used together by neighborhood people of all different ages. . Supervisor Desch moved to amend the resolution until there is a petition from the Association to add it . - Councilwoman Kiefer asks if he wishes to remove parking ? Supervisor Desch says the level of parking is acceptable . Supervisor Desch noted that all activities are passive except a half size basketball court . The sled hill , landscaping and the play structure are not threatening . Councilwoman Kiefer noted that the basketball . court in Cayuga Heights is in use most of the time , used by a mix of ages . She went on to say that she did not look upon basketball as a threatening sport . Councilman McPeak noted that we have a man who presented the Board with a petition with 87 signatures , 57 households against the continuation of the park improvements , this cannot be ignored . Supervisor Desch moved to amend the resolution excluding the half - court basketball area . The vote was : Desch , Kugler , Cramer , Jennings - Aye . Nays - Raffensperger , Kiefer , McPeak . Following this a vote was taken on the amended resolution . ® RESOLUTION NO , 99 Motion by Supervisor Desch ; seconded by Councilman McPeak , ® RESOLVED , that the Town Board of the Town of endorses the Revised Master Plan , Eastern Hei hts Park ,ca hereby 1983 ) , excluding the one -half basketball court and the( Jtennis court until a favorable response is received from the Association . Councilman Jennings stated that some people said they signed the petition because they felt the plans , as presented , would attract outsiders . We can ' t expect people to take care of the park until we clear it and seed it . Supervisor Desch stated that he was comfortable with the landscaping . He went on to say that he sensed also a need to test the level of formality on which we proceed and the level of cc;rr i ` ment . Town Board Minutes - 11 - August 8 , 1983 Councilman Kugler stated that he was behind the park principle but felt that we should hold back until we receive a mandate . (Desch , Kugler , Raffensperger , Cramer , Kiefer and Jennings voting Ave . Nays - McPeak ) JUSTICE AND COURT CLERK SEMINAR RESOLUTION NO . 100 ® motion by Supervisor Desch ; seconded by Councilman Jennings , RESOLVED , that the Town Board of the Town of Ithaca hereby ® authorizes the attendance of Town Justice Merton Wallenbeck , Town Justice Warren Blye , Court Clerk Lury Wallenbeck and Court Clerk Sylvia Van Skiver at the State Magistrates Convention and Training School , September 11 , 12 and 13 , 1983 , at Ellenville , New York . Councilwoman Kiefer asked � if these seminars are expensive . and if they are budgeted for ? Supervisor Desch answered respectively no and yes . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays -- none ) . TOWN HISTORIAN SEMINAR RESOLUTION NO . 101 Potion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the attendance of the Town Historian , Helen Blauvelt at the County Historians Association and Municipal Historians Association meeting in Rome , New York on. September 8 , 9 , and 10 , 1983 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . HIGHWAY SUPERINTENDENT SEMINAR ® RESOLUTION NO . 102 motion by Supervisor Desch ; seconded by Councilman McPeak , ® RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes Highway Superintendent , Robert Parkin to attend the New York , State Association of Towns - Superintendent of Highways Conference , September 20 , 21 , 22 and 23 , 1983 , at Monticello , New York . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . Councilman Jennings noted that we are sending quite a few . people to conventions and he felt some guidelines should be set , e . g . , on costs of meals . Town Board Minutes - 12 - August 8 , 1983 REPORT OF COUNTY REPRESENTATIVES County Representative Beverly Livesay questioned if the TV Committee was aware of a proposed bill before the Senate on cable tv ? Councilwoman Kiefer responded yes the committee was aware of the bill S . 66 , and has considered writing comments ; unfortunately the last County Cable Commission . meeting , where this would have been dealt with , was cancelled . ® Supervisor Desch stated that he felt the Board should make any necessary comments instead of the committee . ® Mrs . Livesay went on to say that the Planning and Public Works Committee was discussing the feasibility of the County getting into the process of reusing blacktop - - of using recyled oil and wondered if the Town had considered this paving process ? Supervisor Desch responded that the problem for the Town with the reusable blacktop was that a lot of the Town roads are not blacktop at origin . Town Engineer Fabbroni remarked that the process is more desirable for cities . However , he stated that he would be interested in the cost figures that come out of the County ' s study . Mrs . Livesay remarked that Snyder Hill had been . paved so often , that she was interested in the process . County Representative Livesay went on to say that the Representative have not received a copy of the Jail Report yet . However , the old hospital heating plant was no longer being considered as this site is not feasible . The hospital property is still in the running though . She went on to say that the Committee would meet on August 16 , when there will be a chance for interchange with the public then make their recommendations known to the full board on the 30th , at which time a public hearing would be held . Mrs . Livesay noted that the health code was up . for some revisions and that a public hearing would be held at 11 : 00 a . m . , on August 16th , also the Board will be voting Tuesday , August 9 , on a resolution to create a County public power agency . CONSIDERATION OF ADOPTION OF NEW ZONING LAW Proof of posting and publication notice of a Public Hearing to ® consider the adoption of a new Zoning Law having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney James Buyoucos stated that he would like to make a few comments . He went on to say that he had been working on the new Zoning Law and he was 25 % completed with the revisions . He stated that he has had to rewrite almost every page because of technical and legal gaps . He noted that he had run into problems with Special Permits and definitions . There should be some special comments on special permits , no matter what zones . Councilwoman Kiefer commented that there was a need for a table of contents . Supervisor Desch asked the shown Attorney when he would have the revised document ready for review by the this Board ? To � ; n Flanr. er Pete Lovi said the. last. revision , 1987 , is on the word processor , dated July . 7 , Town Board Minutes - 13 - August 8 , 1983 Town Attorney Buyoucos responded that he was trying to work two days a week on the zoning law . He stated that he was not trying to draft a new zoning law just trying to make sure it is in balance . He went on to say that he and the Town Planner , Peter Lovi have had several spirited comments in the past . Councilwoman Raffensperger asked if the problem was one of coordination between sections ? Attorney Buyoucos said no , there are guestions of substance , he ® has only really worked on the definition of " family " . Councilwoman Raffensperger questioned the possibility of going ® back to the 8 - year old idea of hiring a professional - to write the Zoning Ordinance , using the present draft to start . the intent of the Board point of view ? Supervisor Desch responded , if you are willing to spend the money for this , it will cost about $ 15 , 000 to have someone else look over the proposed zoning law . Town Attorney Buyoucos responded , that what I ' m doing now , you do not need someone else to look at the law . What I ' m doing now is what I proposed originally . Councilwoman Kiefer commented , let ' s skip a month before we hold another public hearing on the zoning law . Let ' s not pay for a legal add we don ' t need . Supervisor Desch responded , a public hearing provides a driving force . Let ' s not step back . Councilwoman Kiefer noted that she did not want to receive the zoning law piecemeal , she hopes the document will be presented as a whole document , it ' s easier that way to review and understand it . RESOLUTION N0 . 103 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the public hearing on the new zoning law until 7 : 35 P . M . , on September 12 , 1983 . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - Kiefer ) . ® SOLAR ACCESS ® Councilwoman Kiefer stated that she would like to speak to the Board on solar access . She noted that all the Board members had the Supervisor ' s note regarding the resolution she had proposed for consideration by the Town Board on solar access . She went on to comment on the Supervisor ' s memorandum which noted that the current wording of the preamble to our new zoning law was all that was needed and that it was premature to consider a resolution at this time and that the Board should wait until the Planning Board has prepared appropriate draft amendments to the zoning laws detailing the specific requirements . Mrs . Kiefer went on to say that in 1981 , the Planning staff proposed a resolution on solar access , which came before the Board but was not acted upon . Thus , the Town still has no official policy statement on solar access . She added that the Planning Board has not received any direction from the Town Board on solar access ., Town Board Minutes - 14 - August 8 , 1983 Supervisor Desch responded that the Planning Board knows the Town Board is concerned with solar access and furthermore , has held seminars including a presentation by New York State Department of State experts . He went on to _ ask why should we limit the thinking of the Planning Board ? Councilwoman Kiefer responded that no one is suggesting limiting the thinking of the Planning Board . Her resolution on solar access is a very simple resolution making a policy statement and asking the Planning Board to deal with this concern of the Town ® Board . Town Engineer Fabbroni noted that in a large part , most of the study on solar access has been completed and the recommendations ® incorporated in the proposed zoning law . He noted it was incorporated in the zoning law , even if by special permit . Councilwoman Kiefer responded that her concerns were that it is in the proposed zoning law , however , it was never adopted by the Town Board officially ; there is not telling when the revised Zoning Ordinance will finally be acted on , and meanwhile , as long as there is no official Town position , the Planning Board and the Zoning Board of Appeals are acting without official Town Board guidelines . Councilwoman Raffensperger stated that looking quickly through the proposed zoning law she noted eight or nine references to solar access . She questioned , you do not find this adequate ? Mrs . Raffensperger went on to say that the Planning Board also had a person from Albany who attended and made a presentation at a Planning Board meeting . She stated that she felt the zoning law encorporated the policies of the Planning Board and the Town Board , Councilwoman Kiefer then read her proposed resolution on solar access . RESOLUTION NO . 104 Motion by Councilwoman Kiefer ; seconded by Councilwoman Raffensperger , The Town Board favors protection of solar access . To this end , the Planning Board ( and planning staff ) are directed to study and make recommendations to the Town Board for appropriate changes in the Town ' s Master Plan and Zoning Ordinance . Such study should include . ® - - gathering information about energy use in the town and about general climatological and topographical situation relevant to the Town ( heating and cooling ® degree days , cloud cover , etc . ) ; - — further analyzing the Town ' s existing legislation and controls to determine how they impede / protect solar access ; - - recommend modifications to remove barriers to solar access - - and to protect solar access against actions on other property that could hamper it ; - - Recommending appropriate incentives ( via zoning , etc . ) to encourage solar energy use , - - recommending ways to require the incorporation of solar access ( especially siting and design for passive solar ) in new developments . _ uc study _ nd recommendations should , of course , balance the esirability of solar access against other traditional zoning Town Board Minutes - 15 - August 8 , 1983 considerations ( e . g . , aesthetics , neighborhood protection , traffic ) . The Town Board , recognizing the increasing interest . in and economic reasons for use of solar energy for heating and cooling , wishes to encourage the consideration of use of solar energy by and for Town residents . Supervisor Desch said Councilwoman Kiefer should provide detailed suggestions for the Planning Board . He then moved to table the ® resolution . RESOLUTION N0 . 106 ® Motion by Supervisor _ Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby tables the resolution on solar access proposed by Councilwoman Kiefer until such time as the Planning Board considers appropriate amendments to the proposed zoning law to provide such protection . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - Kiefer ) WATER BILL REFUND RESOLUTION NO . 107 Motion by Supervisor Desch , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 28 . 86 for Water , $ 1 . 39 Surcharge and $ 3 . 23 Penalty , for a total refund of $ 35 . 55 to be paid to Igor Fonarov , 143 Burleigh Drive , Ithaca , New York , by reason of the bill being paid twice , once on the regular bill and again on the special read bill . Account Number 186 - 0213888 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . RESOLUTION NO . 108 Motion by Councilman Jennings ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 41 . 71 for Water , $ 6 . 76 Surcharge and $ 2 . 92 Sewer , for a total refund of $ 51 . 39 to be ® paid .. to Rocco Lucente , 103 Salem Drive , Ithaca , New York , by reason of the bill being paid twice . Account Number 187 - 019801 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . Councilwoman Kiefer left the meeting at this time , noting that she had to pick up her son at the airport , and apologizing for having to miss the rest of the meeting . 1983 BUDGET AMENDMENTS RESOLUTION NO . 109 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVF. '. , that the Town Board of the Town of Ithaca hereby approves the tollowing amendments to the 1933 Budget : i Town Board Minutes - 16 - August 8 , 1983 1 . Increase General Fund Townwide appropriations A960 - $ 10 , 476 . 84 , subsidiary account Shared Services / Town Hall A1620 . 21 Word Processor $ 10 , 476 . 84 . 2 . Increase Water Fund Appropriations F960 - $ 7 , 844097 , subsidiary account F2112II Water Improvement Study - $ 7 , 844 . 97 . 3 . Increase Highway Fund Appropriations D960 - $ 58 , 948099 , subsidiary accounts DR5112 . 43I Burns Road Bridge - $ 19 , 410 . 631 DR5112 . 41I Drainage Improvement - $ 9 , 538 . 36 , and DR5112 . 42I East ® Ithaca Circulation - $ 30 , 000 . 00 . Councilwoman Raffensperger questioned the $ 30 , 000 for the East ® Ithaca Circulation . Supervisor Desch responded that this was from a previous year . The money is accumulated as a line item , when the project is approved we will establish a budget and set up a line item . He also noted that a little of the money was used for the purchase of the Theodolite . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennnigs voting Aye . Nays - none ) . PENALTY WAIVER REQUEST ON WATER BILL Supervisor Desch stated that sirs . Mary Duhe who rents the property she owns at 158 Pleasant Grove Road had asked for a waiver of the penalty of $ 28 . 00 on her water bill . He went on to state that Mrs . Duhe lived in New York City , then moved to Chicago and remarried . Mrs . Duhe came to Ithaca and while here stopped at Town Hall to ask to have the penalty waived on her water bill as she stated she had not received them . The Supervisor said he convinced Mrs . Duhe to pay the full amount of the water bill and then he would pursue the matter with the board . The Supervisor went on to say that our regulations clearly indicate that the owner of record is clearly responsible for any water bills incurred . My recommendation is , therefore ,�� that the penalty not be waived . RESOLUTION NO . 110 Motion by Supervisor Desch , seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca does hereby not authorize a waiver of the penalty on the water bill for . 158 ® Pleasant Grove Road , owner Mrs . Mary Duhe . ( Desch , Kugler , Raffensperger , Cramer , McPeak , and Jennings voting Aye . Nays - none ) . BURNS ROAD PROJECT Town Planner , Peter Lovi stated that the Six Mile Creek Study Committee of the City of Ithaca had met on July 28 , 1983 and passed the following resolutions : RESOLVED , the Committee requests the preparation of an alternate plan for the realignment of Burns Road , the location of the Road to be farther east of the Upper Reservoir . RESOLVED , that we be supplied with more information about : 1 . Accident Data . 2 . Impact of project on wildlife . 3 . Species of wildlife in the area . A . Phasinq and timing of the project . Town Board Minutes - 17 - August 8 , 1983 Mr . Lovi went on to say that the Town Engineer , Larry Fabbroni , Susan Beeners and himself had walked the project with the Committee . From an engineering standpoint , we tried to pick the best alignment . The preferred proposal comes across the knoll , across the new bridge onto the existing road . The Six Mile Creek Committee proposed another alignment which is much longer and drives the road into the woodland plus a difficult angle to approach the bridge . Councilman Kugler asked , isn ' t the preferred route the site of an ® old road ? Town Engineer Fabbroni responded yes . ® Supervisor Desch stated that he understood there was concern of visual access from the road to the reservoir , Mr . Lovi responded that this was the primary reason for the committee suggesting an alternative route . The committee felt that people do not know about the reservoir and with the new route they will see the reservoir and stop to swim , Supervisor Desch asked about accident figures . . Town Planner Lovi responded there have been twelve accidents , seven head on collisions at the bridge , three so far this year , He went on to say that the bridge was dangerous and needed repairs . Ronald Ronsvalle , 628 Coddington Road , stated that his son was an accident victim this year . He stated that he has been concerned for many years with the safety of this road and he urged the board to move forward with the work . ARC FUNDS Supervisor Desch stated that a letter had been received informing us that applications for ARC Funds would be received by Southern Tier East Regional Planning Development Board with a first deadline of August 1st for the preapplication and the full package must be in their hands by August 8th . He stated , therefore , there wasn ' t time to wait for the Board meeting . The projects are all items that the Town Board has been considering for future implementation . When they received the preapplications , they will be rated on a point system , ® The two million gallon storage tank on East Hill was recommended in the Stearns & Wheler Master Plan to provide for the growing needs of Cornell and a large part of the Town of Ithaca . It will vastly improve the reliability of the existing system . . Also , ® proposed is the new fire facility on South Hill . We have had conversations with the officials in the City and the Fire Department concerning location of the fire station . The West Hill project includes the 12 " reinforcement water main which will serve both water and fire needs to the hospital , nursing home and the apartment houses and the replacement of the sewer line . The West Hill bus was to supplement existing service . LANDSCAPING GRANT Supervisor Desch stated that the Town was one of the few communities selected for grant funding in the amount of $ 15 , 000 for landscaping projects . Town Board Minutes - 18 - August 8 , 1983 RESOLUTION 110 . 111 Motion by Supervisor Desch ; seconded by Councilman Jennings , RESOLVED , that the Town Board of the Town of Ithaca hereby accepts a landscaping grant in the amount of $ 15 , 000 from the Small Business Administration , Emergency Jobs Bill of 1983 . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - none ) . WINTHROP DRIVE WALKWAY RESOLUTION NO , 112 Motion by Councilwoman Raffensperger ; seconded by Councilman . Kugler , RESOLVED , by the Town Board of the Town of Ithaca that the existing walkway in the Town of Ithaca from the Village of Cayuga Heights line to Brandywine Drive along Winthrop Drive be oiled and stoned , in order to provide for adquate maintenance , and that the surfacing should be completed in 1983 , at a cost not to exceed $ 750 . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - none ) . RESOLUTION NO . 113 Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , by the Town Board of the Town of Ithaca that the existing walkway in the Town of Ithaca from the Village of Cayuga Heights line to Brandywine Drive along Winthrop Drive , in order to provide for adequate maintenance , that plowing of the walkway should be included in the 1983 - 84 schedule . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - none ) . FEDERAL REVENUE SHARING HEARING RESOLUTION NO , 114 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a Public Hearing on the Proposed Use of 1984 Federal Revenue Sharing Funds at 8 : 00 P . M . , on September 12 , 1983 , and will at this time hear all persons in favor of or opposed to the proposed use of said Revenue Sharing Funds . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - none ) . TENTATIVE BUDGET HEARING RESOLUTION NO , 115 Motion by Supervisor Desch ; seconded by Councilman McPeak , Town Board Minutes - 19 - August 8 , 1983 RESOLVED , that the Town �Board of the Town of Ithaca will meet and conduct an Informational Public Hearing on the 1984 Town of Ithaca Tentative Budget at 7 : 30 P . M . ; on October 3 , 1983 and will at this time hear all persons in favor of or opposed to the proposed 1984 Tentative Budget . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - none ) . ® PURCHASE OF ADDITIONAL COMPUTERS Town Planner Peter Lovi spoke on the urgent need for two additional computers , one for the Engineer Department and one for ® the Finance Department . He went on to say that Jean Swartwood has one computer but uses it heavily , Nancy Fuller another one and uses it steadily and that he uses the third station ' for all of his work . He reported that the computers are , therefore , being used 90 to 1000 of the time . Plus , the City Engineer has been using the computers in the evening . Therefore , there is not much space left for the Engineering and Finance Departments . He noted that IB11 has developed software for accounting and engineering which can be purchased off the shelf on State bid for the Personal Computer which is compatable with the IMB Displaywriter He went on to say that basically he was recommending that the following be purchased , one unit to be located upstairs for Engineering and the other unit downstairs for accounting : 2 IBM PC - Xts $ 8 , 458 1 Asynchronous Communications Feature 11100 1 Modem ( Hayes " Smart Modem " 1200 baud ) 630 1 Dot -matrix printer with tractor feed 735 1 Chartpack feature for DW station # 3 650 ( approx . ) Additional Software 4 , 500 Total Budget $ 16 , 073 Councilman Jennings questioned if only one modem was necessary ? Mr . Lovi responded that he was not sure but would check with IBM . Supervisor Desch stated that the price tag was not out of line . and then went on to say that he proposed that Councilman Cramer and Councilman Jennings evaluate the proposal and bring a recommendation back to the Town Board at the September meeting . ® Councilman McPeak asked if the City Engineer was paying for time ? Supervisor Desch responded , no . ® Town Engineer Fabbroni added that if the City ' s use of the computers becomes a continual on - going thing we might consider charging time . TOWN OF ITHACA WARRANTS RESOLUTION NO . 116 Motion by Councilman Cramer , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated August 8 , 1983 , in the following amounts : Town Board Minutes - 20 - August 8 , 1983 General Fund - Town Wide . . . . . . . . . . . . . . . $ 31 , 312 . 19 General Fund - Outside Village . . . . . . . . . $ 7 , 930 . 48 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . $ 86 , 534 . 57 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37 , 048 . 96 Lighting Districts Fund . . . . . . . . . . . . . . . . $ 145 . 08 Parks Reserve Fund . . . . . . . . . . . . . . . . . . . . . $ 8 , 781 . 50 ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - none ) . ® BOLTON POINT WARRANTS ® RESOLUTION NO . 117 Motion by Supervisor Desch , seconded by Councilman Jennings , RESOLVED , that the Bolton Point Warrants dated August 8 , 1983 , in the Operating Account are hereby approved , in the amount of $ 54 , 334 . 11 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Jennings voting Aye . Nays - none ) . Supervisor Desch asked the Town Engineer how critical he felt it was to hold another Town Board meeting this month , on the 29th ? Town Engineer Fabbroni responded that he could not , at this time , realize what a two and a half week delay , until the September meeting would involve . Town . Attorney James Buyoucos stated that he might not be available for the September meeting but would have a representative from his firm . EXECUTIVE SESSION RESOLUTION NO . 118 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss a personnel matter . ® ( Desch , Kugler , Raffensperger , Cramer , McPeak , and Jennings voting Aye . Nays - none ) . ® RESOLUTION NO , 119 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby moves out of Executive Session into Regular Session , ADJOURNMENT The meeting was duly adjourned . Taw �_�l 6 r k