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HomeMy WebLinkAboutTB Minutes 1983-10-03 TOWN OF ITHACA REGULAR BOARD MEETING October 3 , 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 7 : 00 P . M . , on the 3rd day of October , 1983 , there were : PRESENT : Noel Desch , Supervisor ® George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman ALSO PRESENT : James V . Buyoucos , Town Attorney Lawrence Fabbroni , Town Engineer Robert Bartholf , 1007 Taughannock Boulevard Representatives of the Media : Bruce Ryan , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . CONSIDERATION OF ADOPTION OF LOCAL LAW TO GOVERN UNSAFE BUILDINGS Proof_ of posting and publication notice of a Public Hearing to consider the adoption of a Local Law. to Govern Unsafe Buildings having. been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Buyoucos stated that the law had a history of 20 years of rigid conditions for unsafe buildings . In 1980 , more flexibility was given to the law . The new law provides for notices , the filing of notices and for the holding of public hearings in the event the matter is not solved by the Building Inspector , the Town Engineer and the owner . If the matter goes to the Town Board , any person who the Town Board considers competent can hold the hearing . The law provides for notices to be given to neighbors up to 500 feet . The Town Board becomes the final administrative step if the building is deemed to be unsafe . The Town Board will be doing the same things that the Planning. Board and the Zoning Board of Appeals are now doing in their ® meetings . They will have rules . The Town Board will have the ability to require drawings , maps , etc . He went on to say that he would draw up the law in a couple of days and mail it to everybody . Mr . Buyoucos went on to say that he had several questions for the Committee to consider . Where is the definition of a building ? What about protecting the Town from lawyers who like to quick serve ? He went on to say that in smaller buildings , unsafe conditions may render them unliveable . Is this going to apply to other types of buildings ? Will it apply primarily to derelict type buildings and then work other buildings under the plumbing and electrical code ? Councilwoman Kiefer noted that there was no . definition of a building except in the building code . Town Attorney Buyoucos asked if the Board wish to have fraternity and sorority houses ' included ? Supervisor Desch responded yes , why not ? Are you trying to r : rat. late ? Town Board Minutes - 2 - October 3 , 1983 Town Attorney responded that he was saying that - he did not want to have a code violation hearing on every violation . Councilwoman Kiefer questioned if the period of time was correct for bringing the building into compliance after the Building Inpsector gives his notice of violation . Town Attorney Buyoucos asked if it was felt that the staff was competent on this matter and had sufficient time to handle this big a building . He we on to remark that the Unsafe Building Code does not take the place of the Fire Code , Plumbing Code and Electrical Code . Supervisor Desch responded that he felt the staff was competent and had sufficient time to handle major violations and they are in fact already working on them under the Fire Code , Town Attorney Buyoucos warned the Board that besides fraternity and sorority houses , the Building Inspector would be checking buildings involved with nuclear research , etc . Councilwoman Kiefer remarked , it didn ' t occur to us to consider Cornell . We should check with the City of Ithaca and the Village to Cayuga Heights to see how they handle this problem . Supervisor Desch stated that he felt it was up to the Board to decided on the degree of involvement after the Building Inspector inspects the buildings . Town Attorney Buyoucos asked the Town Engineer if he had any comments or problems with the inspection ? Town Engineer Fabbroni responded that he had no problems with the inspection process . Councilwoman Kiefer remarked to the Town Attorney , you are still recommending changes inspite of our comments . Town Attorney Buyoucos stated that he wanted to go on record that he had advised the Board of possible problems and enforcement problems with big buildings such as those involved with nuclear research , etc . Councilwoman Raffensperger asked the Town Attorney to explain the difference between this code and an occupancy code . Town Attorney Buyoucos responded that the Unsafe Building Code was conceived for derelict buildings . In the cities you have all kinds of occupancy in different type buildings . This Unsafe Building Code is not a housing code . Councilwoman Raffensperger remarked that if all our codes , the Fire Code , Building Code , etc . , were combined we would have approximately a ® housing code . Town Attorney Buyoucos remarked , that he wouldn ' t say that . Supervisor Desch added , we have no structures that aren ' t covered . Councilwoman Raffensperger remarked that it would be interesting to see to what extent we have almost approached a housing code . She went on to say that the Board should have Codes and Ordinance Committee look at the Housing Code . The Town of Ithaca has been criticized for not having a Housing Code . RESOLUTION NO . 140 Motion by Supervisor Desch ; seconded by Councilman Cramer , Town Board Minutes - 3 - October 3 , 1983 RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the public hearing on the proposed local law to govern Unsafe Buildings until 7 : 00 P . M . , on December 12 , 1983 . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . ACCEPTANCE OF PENNY LANE AND ABBEY ROAD ® Town Engineer Fabbroni stated that both he and Highway Superintendent Robert Parkin recommend the Town accept both Penny Land and Abbey Road on the basis that the construction has been completed to their satisfaction . ® Town Engineer Fabbroni went on to say that . the streets can be accepted , subject to certain provisions . The Town will take title , subject to the City of Ithaca giving up their easement and agreeing to use the public road which they have a legal right over . If the road . is abandoned , the City easement will continue over the street . A long time ago , we had a policy that no road would be constructed until we knew where all the easements were , we have not determined ~ where�-� NYSEG ' s easements are but we will work this out . The sewage distribution system was built by the developer and inorder to reach the sewer mains to connect the laterals , the contractor must cross the streets . No work can be done on the street without a permit from the Town and all laterals are subject to approval . Town Attorney Buyoucos asked the Town Engineer if there was a Provision that the developer have insurance to protect the Town from liability ? The Town Engineer responded that if the Town accepts the road , there won ' t be any need for an insurance policy . The Town Attorney stated that if the Town accepts Penny Lane and Abbey Road , which runs from the Slaterville Road southerly to the terminus as shown on the map of Penny Lane and Abbey Road it should be noted that the acceptance is subject to the approval of the Town Engineer and the Town Attorney with the provisions as set forth in the deed . It should be further noted that the road has been completed to the satisfaction of the Town . Supervisor Desch questioned , if the Town accepts the road who ' s responsibility will it be to take care of frost heaving over the winter ? The Town Engineer responded , the Town will be responsible as the road ® was completed to our satisfaction . Councilwoman Raffensperger questioned why the Town was in a hurry to accept the road ? Peter Walch , attorney for Commonlands noted that was $ 8 , 70 tied up in escrow . He went on to say that the owners there eCmmonlands were anxious to proceed with the next phase and the money for the road plus the amount for maintenance amounted to a rather large amount of funds being tied up . The developer expected to file the Phase II amendments with the state next spring , however , they were filed this week instead . Supervisor Desch noted that there will be construction traffic going over Abbey Road during the second phase . a Town Board Minutes - 4 - October 3 , 1983 Town Engineer Fabbroni remarked that a year from now it will probably be necessary to oil and stone the road again . Supervisor Desch questioned the possibility of releasing the value of the road money held in escrow but not take the road over . Mr . Walch responded , releasing the money but postponing the acceptance of the road for one year will cost the developer more money . Supervisor Desch stated that postponing the acceptance would recognize the fact that there will be wear and tear from extensive construction traffic working on later phases of the project . Town Attorney Buyoucos restated the fact that everytime Commonlands ® want to run a sewer lateral they must get a street opening permit . Supervisor Desch stated that if he understood correctly , the feeling is that it would be better to wait and not accept the road now , even though it has been built to specifications . Without much moisture this year the road has not achieved maximum compaction . Councilwoman Raffensperger stated that she did not understand why this road was handled differently . Town Engineer Fabbroni responded that a Letter of Credit is usually used . However , this situation was handled differently because the developer has not been in business long enough to establish a line of credit like the other long term developers . With this agreement , it was in the best interest of the developer to complete the road right away and turn it over to the Town .. Councilwoman Kiefer stated that since the road was going to suffer damage , the Board should acknowledge this problem . Supervisor Desch stated that there was a need to defer any action on the acceptance of the roads and see if an agreement can be worked out on plowing and the return of some of the money held in escrow . Town Engineer Fabbroni stated that he had to leave this meeting to attend another meeting . He would like to respond to the budget , however , tonight is the first he has seen it and he wasn ' t sure how to respond , as least so that the recommendations he made could be discussed . He went on to say that he would have preferred to discuss this recommendations before the budget ever came to the Board . Supervisor Desch responded that the Personnel Committee had discussed all recommendations . Councilwoman Kiefer stated that she would like to have the chance discuss the Personnel Committees recommendations . to ® 1984 BUDGET - SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION Supervisor Desch stated that the proposed Commission Budget is the budget that has been approved by the Commission . Final action is the responsibility of the Ithaca Town Board . He then presented the tentative budget to the Board . Councilman Cramer noted that there was $ 9000 less in the equipment fund than was recommended . Town Board Minutes - 5 - October 3 , 1983 Supervisor Desch responded that the $ 9000 was for a computer and it will be a year before a computer acquisition proposal will be available . CouncilivToman Raffensperger asked what " Due from other Governments " was ? Supervisor Desch responded , Commission customers on City water , City customers on Commission water . AUk Councilwoman Raffensperger asked where and when was the $ 50 , 000 overpayment to the Commission credited ? Supervisor Desch responded that it was credited in the 1981 or 182 ® budget , he . . stated that he was not quite sure without looking at the actual budget , but the credit was made when the computer program was changed . 1934 - TOWN OF ITHACA TENTATIVE BUDGET Proof of posting and publication notice of a Public Hearing on the 1984 Town of Ithaca Tentative Budget having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch presented the tentative 1984 Town of Ithaca Budget to the Town Board , Councilwoman Kiefer asked if the Town Engineer and the Highway Superintendent were comfortable with the amount allocated for heating as their request was cut quite a bit ? Supervisor Desch responded , discussed the matter and concur that it is achievable if we get going on the insulation project . Councilwoman Raffensperger reminded the Supervisor that Gadabout had asked for a $ 400 increase and this was not in the budget . Supervisor Desch stated that he would note this and the increase requested would be put in the preliminary budget . Councilwoman Raffensperger questioned , interest from Revenue Sharing , is that normal ? Supervisor Desch responded , yes . Councilwoman Kiefer noted cooperation of Town staff and Commission staff in doing road work . She question the fact that this is never listed when it happens ? Supervisor Desch responded that this normally applys when the Town has water main breaks . The Town Highway Department does the work rather ® than having it done by the Commission and then bills the Commission . The Supervisor went on to say that the Elected Officials salaries must be decided tonight and that he had proposed an increase of $ 200 for the Supervisor , a $ 100 increase for each of the Board members , also a $ 200 increase for each of the Justices . Councilwoman Kiefer questioned the reasoning for not have the same dollar increase . She stated that she felt the Personnel Committee should discuss this as she would rather see the increase the same for all . Councilman Kugler stated that the Justices spend a greater amount of time at their job than the Board member do at their jobs . Town Board Minutes - 6 - October 3 , 1983 Councilwoman Raffensperger - stated that there has always been great difficulty in setting the salaries of the Town Board members and the Supervisor . She suggested that some committee should be appointed to look into salaries for the Board member. and the Supervisor and then compare the salaries paid to other Town Boards and Supervisors . RESOLUTION NO . 141 Motion by Councilwoman Raffensperger ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes ® a survey be taken of salaries paid to other Town Boards and Supervisors and that the information be made available before the 1985 budget process is completed . ® ( Desch , Kugler , Raffensperger , Cramer , McPeak , and Kiefer voting Aye . Nays - none ) . COMMITTEE MEETINGS Councilwoman Kiefer stated that she would like to say something about the scheduling of committee meetings . She went on to say that the Supervisor had asked about scheduling a Personnel Committee meeting . Mrs . Kiefer stated that she had informed the Supervisor that she would be out of town for two days . The Supervisor then went ahead and scheduled a . Personnel Meeting for one of the two days that she had already informed him she would be out of town . Councilwoman Kiefer noted that she was a member of the Personnel Committee , however , that she has never received any information on the meeting and that the only information she has is what was in her envelope tonight . She went on to say that perhaps the Supervisor would rather that she resign from the Committee . Mrs . Kiefer noted that the Personnel Committee ' s recommendations were not being taken into consideration . She noted that the Supervisor chose to recommend to the Board the hiring of an Assistant Budget Officer at $ 19 , 000 when other applicants , just as qualified , could have been hired at $ 16 , 000 . She stated that the Supervisor had chosen to hire a person who had requested a salary of $ 21 , 000 . Supervisor Desch responded that the majority of the Personnel Committee had agreed with his decision . TV FRANCHISE Councilwoman Kiefer stated that the Cable Committee had met to go over the questions raised at the Informational Public Meeting . Peter Grossman , Town Attorney , has written to Martin Sheridan , Manager of ACC formally requesting that he send the Committee Schedule A and B along with and updated June report . We are also waiting for additional information from the State . She went on to say that the Committee should met again with Mr . Sheridan .. Mrs . Kiefer stated that she felt October 24th was the earliest date the Franchise could be ready . Supervisor Desch remarked that the 24th was too late . Councilwoman Kiefer responded that all that was needed was one week with the Committee and one week with Mr . Sheridan , Supervisor Desch responded that the matter was now sufficiently completed for the Town Board should to take over the Franchise work . Councilwoman Raffensperger stated that if the Committee was only two meeting away from a recommendation to the Board , that it didn ' t seem to rn, ch to ask that the Board wait for the Committee ' s recommendation Town Board Minutes - 7 - October 3 , 1983 Supervisor Desch stated that he would like to suggest that Town Board consideration of the franchise be postponed until October 25th and that information from the Committee be given to the Town Board and that the Town Board finish the remainder of the work needed to be done on the franchise . Councilwoman Raffensperger stated that she would like to hear what Councilman McPeak has to say . Councilman McPeak stated that much of his input has been in the ® technical aspects of the franchise . He went on to say that he felt the rate increases would be a problem . He noted that with the meeting scheduled for tomorrow and then a meeting with Mr . Sheridan , the franchise would then be completed and ready for Town Board action . Supervisor Desch stated that the Committee says it doesn ' t ' want to make an opinion on the rates . Councilwoman Kiefer corrected the Supervisor . Mrs . Kiefer stated that the Committee said it didn ' t have an opinion . Councilman Cramer stated that he felt the meeting should be pushed . back to October 10th , Councilwoman Raffensperger stated that it was not good to terminate a Committee ' s work on a days notice . Councilman McPeak noted that he would be out of town the last week of October . Supervisor Desch suggested that the Town Board meeting be scheduled for October 19th and the members of the Board agreed that they would be % available . 1984 SALARIES Councilwoman Raffensperger stated that , in her opinion , inequities had crept in the salaries over the past five years and she wondered if the proposed salaries reflect this concern . She also questioned the staff recommendations for salaries being taken into consideration by the Budget Officer , APPOINTMENT OF PART -TIME EMPLOYEE RESOLUTION N0 . 142 ® Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that Patricia A . Punger is hereby appointed permanent part -- time payroll clerk / typist at a salary of $ 5 . 00 / hour , 20 hours per ® week beginning October 3 , 1983 , with prorated sick time , holiday time and vacation . There willbe no other fringe benefits associated with this position . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . Supervisor Desch stated that the Town Engineer would like to extend Chris Murphy for an additional two months , in the amount of $ 1 , 820 to move the following tasks along : ( 1 ) Evaluation and design as necessary of insulation alternatives for the Town Barn . ( 2 ) Evaluation and design of improved ventilation system and carbon dic> ;; ic: e exhaust system from Highway Barn . Town Board Minutes - 8 - October 3 , 1983 ( 3 ) Develop a thermostat control plan for Town Hall . ( 4 ) Assist Michael Ocello with wrapup of water surveys and drafting work . ( 5 ) Assist with peak park planting and play structure erection needs . RESOLUTION NO . 143 Motion by Supervisor Desch , seconded by Councilman McPeak , Resolved , that the Town Board of the Town of Ithaca hereby authorizes the extension of employment for two months at a total dollar expenditure of $ 1 , 820 for Chris Murphy to continue evaluation of the Highway facilities insulation needs . ( Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . AWARD FOR BOLTON POINT EMPLOYEE Supervisor Desch announced that Don Terrell had won the State Water Works Operator of the year award . He indicated that this is a fine tribute and recognition for the many fine achievements of our staff . APPOINTMENT TO FILL TOWN BOARD VACANCY Supervisor Desch read the following letters that he had received from the Democratic Committee and the Republican Committee : A letter dated September 30 , 1983 addressed to the Town Board of the Town of Ithaca from Deborah F . Dietrich , Vice - Chair of the Town of Ithaca Democratic Committee The Town of Ithaca Democratic Committee opposes any appointment on October 3 , 1983 to fill the vacancy on the Town Board created by the resignation of David Jennings , an elected Democratic Councilman , Mr . Jennings resigned as of September 16th so that the voters in the Town of Ithaca might be assured of the opportunity to elect his successor in the November election . In . our opinion , no legitimate purpose would be served by any appointment preceding the election by only one month . We request that the Town Board , at their scheduled November 10th meeting , appoint for the remainder of 1983 the person who is elected to serve the remaining two years of David Jennings ' term . Since. Town Board members serve at large in the Town , no area would be ® denied representation for the month of October and no inexperienced , short - term appointee would be asked to participate in the important decisions on the 1984 Town in October . . Budget which the Town Board will be making We believe that your appointment in November of an elected Councilman would illustrate our mutual respect for the voters in the Town of Ithaca . The Supervisor then read a letter addressed to the Town Clerk , Town of Ithaca dated September 29 , 1983 from Robert L . Kenerson , Secretary , Town of Ithaca Republican Committee Town Board Minutes - 9 - October 3 , 1983 The Town of Ithaca Republican Committee met .this . evening with a quorum present to consider , among other items , filling the vacancy on the Town of Ithaca Board due to the resignation of David Jennings . By a unanimous vote , the Committee recommends that Robert G . Bartholf , 1007 Taughannock Blvd . , Ithaca , N . Y . 14850 be appointed by the Town Board to fill this position . He lives in District I . Town of Ithaca and is a registered Republican . Attached to the above letter was a letter dated September 29 , 1983 from Robert Bartholf to Bob Kenerson , Secy . , Town of Ithaca Republican Party I would like to fill the vacancy of David Jennings on the Town of Ithaca Board . The term ends on December 31 , 1983 . The Supervisor stated that he had received no negative responses from the public on the approach to fill the vacancy described in detail in the Newsletter . The Newsletter has been out for ten days and he stated that no one had called or written to oppose the procedure . Also , that he had seem perhaps forty or more constituents . He stated that in his judgement it was a poor policy to leave a vacancy open for more than one month , particularly at budget time . He went on to say that it was not wise to tempt fate . If the vacancy is left open until November 10th it only takes one or two illnesses to potentially place the budget approval in jeopardy and we could end up with four people who might not agree . He went on to note that when the voters of the Town decided to go from four to six councilman , they expected to be represented by a full slate . Even though the Town Board serves at - large we know as a practical matter that Town Board members from a specific area are the ones our constituents feel the most comfortable in voicing concern with . Why should we deny the people of West Hill with representation during the entire budget process ? Councilwoman Raffensperger stated that she felt the last paragraph of Ms . Deitrich ' s letter probably summed everything up . She went on to say that she also saw almost forty people , as the Supervisor had said he did , at a Democratic Fund Raising and that the feelings were against appointing someone to fill the vacancy . Mrs . Raffensperger went on to say that she had never heard of a budget not being passed in November . By not appointing a person , we are only assuring the voters the right of voting for someone to take David Jennings ' place . Supervisor Desch responded that the appointment would be for three months . Councilwoman Raffensperger remarked that the council seat should be held open for one month and then the person who wins the election can be appointed . Firs . Raffensperger stated that she did not think it was defensible to appoint a person one month before the election . She ' questioned how the Supervisor could say this was a bi -partisan decision . It ' s political manuvering . Supervisor Desch asked if any registered Democrats had indicated an interest in serving ? Councilwoman Raffensperger responded no , the statement from the Democratic Committee clearly shows that none was asked . Councilwoman Kiefer questioned the possibility of asking David Jennings to come in and sit on the budget hearings . Mrs . Kiefer went on to say that the vacancy was announced in the Newsletters so people a c: = ., :r �,. re of its The Board cannot ; and should not be al; 7 ; c d to predict . : ie , u- c, . r � ! _. _ t • . irk . � rs:: cap ;_ � - .�, - Town Board Minutes - 10 - October 3 , 1983 RESOLUTION NO , 144 Motion by Councilman Kugler ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Robert G . Bartholf , 1007 Taughannock Boulevard , Ithaca , New York to fill the vacancy on the Town Board until December 31 , 1983 , due to the resignation September 16 , 1983 of Councilman M . David Jennings , The Supervisor called for a roll call vote . ® Councilman Cramer Voting Aye , Councilwoman Kiefer Voting Nay , Councilman Kugler Voting Ave , Councilman McPeak Voting Aye . Councilwoman Raffensperger Voting Nay , Supervisor Desch Voting Aye . The resolution was adopted . TOWN OF ITHACA WARRANTS RESOLUTION NO , 145 Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated October 3 , 1983 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . $ 26 , 535 . 77 General Fund - Outside Village . . . . . . . . . . . . . . $ 71905 . 63 Water & Sewer Fund . . . . . . . * 0 * 0000 * 0 * * * * eew * e * $ 22r448e46 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34 , 385 . 97 Parks Reserve Fund . . . . . . . . . . . . . . . . : . . . . . . . . . $ 16 , 941 . 22 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . $ 250 . 44 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . $ 77 , 000 . 00 ( Desch , Kugler , Raffensperger , Cramer , McPeak and Kiefer voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 146 Motion by Councilman Kugler ; seconded by Supervisor Desch , ® RESOLVED , that the Bolton Point Warrants dated . October 3 ; 1983 , in the Operating Account are hereby approved , in the amount of $ 24 , 867 . 29 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 Kiefer voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . lerk