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HomeMy WebLinkAboutTB Minutes 1985-02-11 TOWN OF ITHACA RDGULAR BOARD MEETING February 11 , 1985 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 11th day of February , 1985 , there were : ® PRESENT : Noel Desch , Supervisor Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ABSENT : George Kugler , Councilman ALSO PRESENT : Lawrence Fabbroni , Town Engineer James V . Buyoucos , Town Attorney Robert Parkin , Highway Superintendent David Klein , Planning Board Maurice Dusky , 1027 Ellis Hollow Road Paul Hartman , 132 Pine Tree Road John DeWire , 148 Pine Tree Road Mrs . Richard Fischer , 135 Pine Tree Road Richard Fischer , 135 Pine Tree Road Lawrence Rosenberg , 38 Dove Drive Royal Colle , 121 Pine Tree Road Wendy Wallette , 1536 Slaterville Road Representatives of the Media : M. Clark , WIKO Deborah Gesensway , Ithaca Journal PLEDGE OF A JEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Dog Control Supervisor Desch noted that the Board might be wondering why the proposed Dog Contract with the SPCA is on the agenda again . The basis is that we have an attitudinal problem with them and they ® have agreed to give us three months to find an alternative source of these services . He went on to say that Supervisor Munson and himself have some possibilities in mind that need further study . Therefore , rather than committing ourselves to the full year , we propose three months only . We already have identified a better approach to the needs for enumeration , namely through the services of Mrs . Eleanor May . She has agreed to perform these services at 75 � per dog and 20 � per mile and wants to start immediately . We have sufficient funds in the enumeration account to pay for this effort . ON Town Board 2 February 11 , 1985 RESOLUTION N0 . 11 Motion by Supervisor Desch , seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute a contract with the SPCA for a period of three months , beginning January 1 , 1985 , for dog control in the Town of Ithaca . ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . RESOLUTION NO . 12 ® Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the appointment of Mrs . Eleanor May to complete an enumeration of the dog population in the Town of Ithaca , and FURTHER BE IT RESOLVED , that Mrs . May will receive 75 � for each dog enumerated plus 20 � cents per mile for mileage incurred during the enumeration . ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . Councilwoman Raffensperger questioned who was making the decisions for the SPCA . She asked Supervisor Desch if he had talked to anyone on the the SPCA Board ? Supervisor Desch responded that he had spoken to a couple of their Board members . Late Payment Charge The Supervisor went on to say that we have a situation where a late payment occurred because of a possible problem with a water meter . Following testing of the meter , which was found to be accurate , the homeowner discovered a leak in the line to his swimming pool . He went on to say that he would like to recommend that the late payment fee be waived . RESOLUTION N0 , 13 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 25 . 77 for late ,payment of the water bill of Donald P . Dietrich , 1405 Hanshaw Road , Ithaca , New York , for the water bill period of September 1 , 1984 through December 1 , 19840 ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . ® Forest Home Drive Supervisor Desch stated that an excellent meeting was held with County Planning and we will have at our next meeting a recommendation from the various engineers on the scope of work that will be required and the estimated cost . Public Officers Liability Such coverage is getting to be more of a problem . Our carrier has gotten out of the business and our new carrier will be charging us ZZZ PLANNING AND ENGINEERING REPORT Lawrence P . Fabbroni , P . E . Town Engineer JANUARY 8 , 1985 through FEBRUARY 11 , 1985 Water - Contracts signed Phase II and - Shop drawing submittals and review Phase I1 Sewer - Tank Inspections : Pine Tree and Hungerford Hill , done January 15 and 17 , respectively ; Hungerford badly pitted with some sub- floor problem - Development of tank repair specifications on - going - Review of payment request Phase I : release of partial retainage rejected , contractor notified of right to substitute NYS municipal bonds - Authorization to SCLIWC to proceed with installation of remote meters in Forest Home and on West Hill and to upgrade King Road East Pressure Reducing Vault ( PRV ) - Answer numerous public inquiries on hookup in Phase I and availability or taxing in Phase 11 Parks - Planning and discussions with City on Inlet Valley Park site - Planning and discussioons with City on South Hill drainage interceptor - City to do feasibility analysis - Snow removal - Equipment repair or rehabilitation - Sign construction - Planning and discussions with City and State Parks on Buttermilk Falls Park modifications Planning and discussions with Cayuga Heights Engineer on Village direction concerning Pleasant Grove Road walkway - Planning work effort for Sumner 1985 Burns - Final cut and fill adjustments of Phase II Road - Coordination with State project - Exploration of additional funding sources Develop - - Varn Bros . Construction Co . , Dove Drive ment - Ithaca College Egbert Union expansion Reviews - Proposed Therm, Inc . Addition - Proposed 32 -Unit Cluster , Danby Road , Dell Grover/ Edward Mazza - Proposed 3 -Lot Subdivision off Woodgate Lane , Robert Drake - Proposed Farm Winery , 1551 Slaterville Road , Roger Battistella - Review of Pine Tree Associates Restrictive Covenants - Proposed Place of Worship , 203 Pine Tree Road , Ithaca Christian Fellowship Sewer - Brief SJS Subcommittee on contract progress and change orders , Treatment . progress payments and requests Contracts 1 , 3A, 5A, 6A Plant - Monitor compliance with MBE , - Labor rates, and CPM Contracts 1 , 3A, 6A Planning & Engineering Report 1 / 8 / 85 thru 2 / 11 / 85 Page 2 - Determination of final payment for pile work including resolution of disputed piles and pile test unit price adjustments - Grant Administration, including DEC correspondence to and from Owner , progress reports , resolutions for award and audit - Review of Contract Documents for Contracts 3 , 41 5 , 6 - Review of Contract 1 method for working in Marina and Cascadilla Creek areas to monitor compliance with plan and specs, easement agreement , and DEC permit - Filming of Contract 1 alignment with Town VCR Inspection of Contract 1 pipelay- ing begun February 6 ; through City Golf Course - Monitor steel placement and concrete placement ( primary and secondary digester tank walls 7112 complete , influent building walls 5 / 8 complete ) Trans - - Forest Home Drive -- portation County meeting of City , Town , Cornell , and County Meeting of engineers and planners Development of engineer ' s. estimates - Pine Tree Road relocation estimate of engineering staff for design 120 man- hours, once alternative decided Town Hall = Coordinate interior recarpeting and repainting Planning - Continued work with TC3 - Fire Master Plan Committee staff support - Six Mile Creek Overseer Committee staff support - Continued development of survey land use computer capability - Staff support in application and use of Civilsoft software - Staff support in application and use of computerized accounting needs - Planning Board staff liaison work with Zoning Officer and Zoning Board of Appeals LPF/NMF 2 / 11 / 85 Town Board 3 February 11 , 1985 double the $ 2 , 800 premium previously charged . Even with our good track record we are the victim of the industry wide problem . Water Rate Schedule The water commission is printing a new water rate schedule , a copy of which you have . The purpose of the new schedule is to overcame a considerable number of repetitive questions caused by the conversion between gallons and cubic feet . The customer will now be able to compute their bill precisely and do so quite easily from the new schedule layout . ® Town Engineer ' s Report Town Engineer Lawrence Fabbroni noted that the Board members had a copy of his report . (Copy attached to the minutes ) . He went on to highlight his report . He noted the installation of the pipe in the Golf Course , Segment I , the General Contractor is proceeding with their winter work . We are now gearing up for water and sewer work and Phase II of the water improvements . The parks are in the winter schedule and planning for summer work . We are going back and forth with the State on the Burns Road intersection . The Town Engineer then went on to extend an open invitation to the Town Board hers to come in for half an hour each month so that the staff can enlighten Board hers on projects in process . Councilman McPeak asked if the bridge work on Burns Road had been let for bid yet? Town Engineer Fabbroni responded that the bids have been let and that construction was scheduled to begin on May 1st and end August 1st . Councilman McPeak questioned the winery proposal of Roger Battistella , he asked if Mr . Battistella planned to grow grapes or just process them. Town Engineer Fabbroni responded , Mr . Battistella plans to plant the grape vines and follow the project through the complete process of wine making . Highway Superintendent ' s Report Highway Superintendent Robert Parkin reported that the highway crew have been plowing and cindering roads . Also , they have hauled in gravel for next year . DEMOLITION OF KNIGHT ' S SLAUGHTER HOUSE Supervisor Desch reported that the City of Ithaca and the owners of Knight ' s Slaughter House are heavily involved in negotiations for the sale of the property . He went on to say that he though the ® Board might need to appoint an independent person to ascertain the cost of demolition , however , this action now seams to be premature . CONSTRUCTION OF CITY YOUTH FACILITIES Supervisor Desch noted that a number of meetings have been held with the City and they plan to go before the Planning Board on February 19th so that the Planning Board can reach a decision on the function and site plans . We have been thinking of a number of � 7 � Town Board 4 February 11 , 1985 options so that the City can annex this property . He noted that North Cayuga Street would have to be relocated . APPODMVIENT OF COURT CLERKS Supervisor Desch stated that Sylvia Van Skiver has moved from the area and resigned her position as Court Clerk . He went on to say that Pat Punger had agreed to take over the position of Court Clerk for Judge Blye ' s court . RESOLUTION NO . 14 ® Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the appointment of Pat Plunger as Court Clerk for Judge Warren Bly at a rate of $ 4 . 50 per hour for a total of 15 hours per week . ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . INCREASING ASSISTANT ENGINEER ' S HOURS Motion by Councilman Cramer , seconded by Councilman McPeak , WHEREAS , Assistant Town Engineer , Robert R . Flumerfelt , P . E . , has served the Town since June 1984 in a half-time cammuitment to expedite capital projects and address daily public concerns in the absence of the Town Engineer attending to Construction Administration activities at the new Wastewater Treatment Plant under construction , and WHEREAS , the Town Engineer ' s required commitment through June 1 may be as high as 40 hours per week due to the sudden maternity health complications of the full time Assistant Grants Administrator , and WHEREAS , the Town Engineer ' s required commitment after June 1 may be as high as 30 hours per week during peak construction administration of eight separate contracts , NOW 'THEREFORE BE IT RESOLVED , by the Town Board to authorize Mr . Flumerfelt ' s increased commitment up to 40 hours through June 1 , effective immediately , and up to 30 hours thereafter as the average ccaudtment of the Town Engineer may dictate and Mr . Flumerfelt ' s availability allows , and BE IT FURTHER RESOLVED , that Mr . Flumerfelt ' s benefits include all but health benefits on a prorated basis . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . ® DELEGATE AND ALTERNATE DELEGATE TO ASSOCIATION OF TOWNS MEETING RESOLUTION NO , 15 Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby designates Councilman McPeak as the voting delegate to the Association of Towns Meeting to be held in New York City on February 20 , 1985 , and to cast the vote of the Town of Ithaca , and � ZZ Town Board 5 February 11 , 1985 FURTHER BE IT RESOLVED , that Councilman Bartholf is hereby designated as alternate delegate and in the absence of Delegate McPeak , to cast the vote of the Town of Ithaca . ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays — none ) . AUTHORIZE BID FOR REPAINTING AND RESTORATION OF PINE TREE AND HUNGERFORD WATER RESERVOIRS Supervisor Desch noted that the budget figure was an estimate , based on the best judgement available . Town Engineer Fabbroni stated that the Hungerford Hill tank has a lot of pitting that will need filling before it is painted . Also , he had noticed a caving on the floor of the tank , we will need to take up the floor after the tank is empty . Supervisor Desch noted that it had been 18 years since the Hungerford tank was built and it has never been repainted . Town Engineer Fabbroni added that the Pine Tree Road tank was built 30 years ago , and in better shape than the rest , he hoped . He went on to say the the cathodic protection could be bid as a total package or separate , however , it is best to do the cathodic protection when the tank is down . He noted that when the Ridgecrest tank was painted , the cathodic protection was never done and it still has not been done . Supervisor Desch stated that it may make sense to bid the cathodic protection separately . RESOLUTION NO , 16 Motion by Councilman Cramer ; seconded by Councilwoman Howell , WHEREAS , the Town Board has budgeted the following amounts in the accounts stated in the 1985 Adapted Budget : F8340 . 4 ( 1981 ) $ 30 , 000 Hungerford Hill CF834094 $ 32 , 000 Pine Tree Road CF199090 $ 25 , 000 Water System Contingency for specific tank improvements or contingency therefor , and WHEREAS , a Town Engineer ' s detailed budget for improvements is as follows * Hungerford Hill Repainting & Rehabilitation $40 , 000 Pine Tree Road Repainting $20 , 000 ® Hungerford , Pine Tree & Ridgecrest Cathodic Protection $15 , 000 TOTAL $ 75 , 000 and , WHEREAS , contingency monies would enable cathodic protection to be installed at the optimum time of tank repainting and rehabilitation , 8ZZ Town Board 6 February 11 , 1985 NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that the Town Engineer be authorized to prepare bid documents and upon approval of the Town Supervisor advertise for public bids on the above work in total or in parts . ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . CONGRESSMAN MATTHEW MCHUGH Congressman Matthew McHugh stated that he had asked to speak with the Town Board , as Congress had just been presented with the ® President ' s Budget . He went on to say that discussions on the budget will be held for the next three or four months and that it was critical that the Board members let him know their feeling regarding the budget as he must come to grips with the difficult decision of reducing a 220 billion dollar budget . He went on to say that we must attempt to cut spending or raise revenues . Congressman McHugh went on to say that a good example would be a cut in domestic programs or a complete cut of revenue sharing . He again stated that he was soliciting advice from the Board . He noted that a hearing will be held in Ithaca sometime in March , probably at City Hall , however , he would inform the Board of the exact time and location . He asked the Board members to either attend the hearing or respond to him in a more informal manner . He stated that he needed to know what the Board was thinking . Congressman McHugh noted that subsidized housing and transportation rely heavily on federal money for operating . He want on to say that he envisioned a phasing out of water and sewer grants . Supervisor Desch noted that revenue sharing will impact State Aid . He noted that it would not hurt the Town of Ithaca as it will some Towns and Cities . He stated that the Town of Ithaca is not typical of other municipalities in their use of revenue sharing funds . Congressman McHugh responded that the Town of Ithaca had made a better judgement on the use of revenue sharing funds than most other governments . Supervisor Desch stated that cutting away at an entitlement period was bad because you plan on this money for projects . He went on to say that if revenue sharing were to end , it could be ended at the end of the current entitlement period . Councilwoman Raffensperger stated that if the County does not get revenue sharing it will trickle down and have an impact on the Town . Councilwoman Raffensperger stated that the real questions is how much can be picked up . All we have is property taxes , the federal government has a broader base for taxing . She went on to say that it was hard to visualize the amount the County would have to increase their taxes to overcome the loss of federal revenue . The Town taxpayers wouldn ' t be happy if we raised Town taxes even ten cents . Congressman McHugh stated that we must reduce the deficit , if we don ' t do as the President wants , then Congress must cut the defense budget or raise taxes . The question is , do we want the federal government out of domestic areas . He stated that he felt the federal government does have a part in domestic areas . Congressman McHugh stated that Congress has not stepped up to these problems . He went on to say that in his own view , there has been a significant increases in the defense budget in the past five or six years to allow us to hold the line on the defense budget for a year or two and still not compromise the defense of this county . He � � Z Town Board 7 February 11 , 1985 noted that the Binghamton area is a strong military district and this area seems to indicate no problem with a one or two year freeze . Councilwoman Raffensperger noted that the questionnaire , prepared by Councilman McHugh , made you realize how complicated and tough these decisions are to make . Congressman McHugh thanked the Board for the opportunity to address them . Councilman McPeak asked if there was a copy of the Federal Budget available for public inspection ? ® Congressman McHugh stated that he though the public library would have a copy , he stated that he would check on this . Also , he noted that he would have a copy in his office for the Board members use , along with the summaries which are much easier to read . Supervisor Desch informed Congressman McHugh that the grant money for the sewage treatment plant , which he helped to abtain was being put to good use . He informed Congressman McHugh that Town of Ithaca Engineer Lawrence Fabbroni was representing the Town and the City on the project . He thanked Congressman McHugh , on behalf of the Town Board members , for his help in obtaining these grant funds . Congressman McHugh responded that when you see something concrete it makes all the efforts worthwhile . Town Attorney Buyoucos asked if public housing would be drastically cut? Congressman McHugh responded , something like a freeze , or perhaps it will be cut 2% . Town Attorney Buyoucos added that public housing was important but e a lot of the programs do not help the people who need them . Congressman McHugh noted that the President ' s proposals would take the Federal government out of the housing market . He went on to say that there could be a two year moritorium on Senior Citizens and Handicapped housing and that he suspected there would then be a phasing out of the project , gracefully . Councilwoman Raffensperger asked if the whole jobs trainig program would be cut? Congressman McHugh responded that with the Jobs Training Partnership Act , a small about would be left . Town Attorney Buyoucos asked if there should be a concern regarding farms ? Congressman McHugh responded yes . In the mid-west the farmers are on the brink of bankruptcy . Town Attorney Buyoucos questioned the aid to other countries in conjunction with the percentage of exports . Coongressman McHugh responded that there is a negative farm trade balance which he feels is not being competative because of the strong dollar . Prices are lower because of the large supply of grain . He went on to say that when you cut back on loan programs , you are really hurting the small farmer . ZEZ Town Board 8 February 11 , 1985 REFUND ON BENEFIT UNITS RESOLUTION NO , 17 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , WHEREAS , Donald and Helen Street , Tax Parcel No . 6 -48-1-14 . 1 , were charged 2 . 35 Water Units , instead of 0 . 35 Water Units , and George A . Lavris , Tax Parcel No . 6 -26-4 -39 , was charged 2 Sewer Units instead of 1 Sewer Unit , NOW FORE BE IT RESOLVED , by the Town Board of the Town of Ithaca to refund : 2 Water Units = $ 108 . 00 to Donald and Helen Street , and 1 Sewer Unit = $ 50 . 00 to George A . Lavris ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . COMPUTER SYSTEM FOR TOWN COURT Supervisor Desch stated that Town Planner Peter Lovi and Town Justice Merton Wallenbeck were putting together a proposal for the purchase of a computer system for the Court , at a cost of $ 4 , 500 . He went on to say that Judge Wallenbeck was preparing a proposal to be presented to the County for one-half of the $ 4 , 500 which will be paid out of the DWI Funds . Both the hardware and the software is conpatable with the Town ' s computers . Town Attorney Buyoucos questioned why the Town did not purchase dictating equipment? He went on to say that it would be handy for him and he also felt it would be beneficial to the Town Supervisor as well as a big help for the Town Clerk , BUDGET AMENDMENT FOR WATER METERS ON WEST HILL AND FOREST HOME DRIVE Supervisor Desch stated that he , Town Engineer Larry Fabbroni and Ted Wixon from Bolton Point had been trying to update water meters . We have tried to replace older meters first , however , it does not make sense in the case of Forest Hone and West Hill . Bolton Point has agreed to purchase and install the meters at a marginal cost . He went on to say that there are funds in the budget from revenues from the surcharge . We will recover the Town investment in short order . Councilwoman Howell asked if the Town would be replacing all of the meters ? Supervisor Desch responded yes , virtually all in Forest Hone and on West Hill . RESOLUTION N0 , 18 Motion by Councilman McPeak ; seconded by Councilwoman Howell , WHEREAS , the Bolton Point Water System has offered to install remote water reading systems on all house meters in the West Hill and Forest Home areas which are in the Town of Ithaca thus Town Board 9 February 11 , 1985 facilitating the reading of the meters and increasing the accuracy of the readings , and WHEREAS , Bolton Point Water has agreed to absorb all future costs involved in reading the meters and the cost of the additional parts and labor involved in installation of the remote readers if the Town of Ithaca purchases the remote reading devices , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the purchase of the remote meters , AND FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby establishes an appropriation in the Water Fund Budget for this expenditure as follows : Transmission and Distribution F8340 . 4 ( 479 ) West Hill / Forest Home Remote Readers , appropriation $ 4 , 200 . ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . CRITERIA FOR SEWER HOOK-UP TIME EXTENSION Supervisor Desch stated that the next step in the process is to have the Town Attorney put together a local law requiring people to hook up to the sewer by July 1 , 1985 . He went on to say that a local law was needed , one with teeth , for enforcement . Also , the local law should contain stipulations when exemptions can be granted , for exile , when access to the sewer is marginal and older residents who live alone and do not tax the sewer . Town Attorney Buyoucos asked what the Town proposed to do about people who do not hook up to the sewer , charge them benefits based on the size , number of units and/or the distance from the main pipe ? Supervisor Desch responded that the people who are not hooked to the sewer are already being charged benefit units . Town Attorney Buyoucos responded that the Town Board must set a rational policy . He told the Board they might want to consider the same policy the City has for sidewalks . If you don ' t clean them, the City does and charges the owners . The Town Attorney commented that he thought the Town ' s existing law provided for a penalty for not hooking up to the sewer . Councilwoman Raffensperger noted that she would rather not see the deadline changed . There are already hard feelings where people did hook up to the sewer and others did not . Town Engineer Fabbroni remarked that if the Board says immediately or instantly , people might not have the ready cash . If people have three years they are more able to cone up the needed cash in three years . ® ASSOCIATION OF TOMS RESOLUTIONS The Town Board members unanimously agreed that the Delegate , Councilman McPeak , vote aye on the following resolutions at the Association of Towns Meeting in New York City on Wednesday , February 20 , 1985 ( 1 ) State Shared Revenue . This Program embodied the concept of state-local partnership . It has helped in local government service 9FZ Town Board 10 February 11 , 1985 delivery and precluded an undue burden on the real property taxpayers . The " cap " on the allocation , inflation and use of 1970 population figures , hurt towns . A three-year proposal supported by all statewide associations includes and additional appropriation of $ 150 , 000 , 000 , the use of 1980 population data and a save harmless provision . The Governor and the Legislature are urged to enact it . ( 2 ) Limitation of Tort Liability . Awards in tort liability cases are skyrocketing , reducing funds for essential local services and increasing insurance costs . Forty eight states protect the municipalities by placing " caps " on recovery . Request State to " cap " awards (except in wrongful death ) and limit "pain and suffering " eligibility recovery . ® ( 3 ) State Mandates . State policy and program mandates carried out at the local level are basically borne by the real property taxpayers . While some state objectives are good and desirable , such as the senior citizens and veterans exemptions , they should be funded by the state . Therefore , locally implemented state policies should be paid for by all state taxpayers . ( 4 ) The Wicks Law . When the cost of constructing a building exceeds $ 50 , 000 , separate specifications and bids are required for plumbing , electrical work , etc . , in addition to the general contract . The separate contracts present problems of coordination of the scheduled work , frequently require the employemnt of additional personnel , and result in delays and added costs . This law should be repealed . Town Engineer Fabbroni remarked that the limits should be raised to one-quarter of a million dollars . Town Planning Board member David Klein remarked that the law , as now written , is costly and difficult to administer . ( 5 ) Prompt Payment of State Reimbursement . A 1984 law provides for prompt state payments to contractors with the state . Similar prompt payment is requested in connection with state reimbursement to local governments . ( 6 ) State Advisory Camnission on Intergovernmental Relations (ACIR) . Since the abolition of the Office for Local Government in 1975 , there has not been a separate state framework for a strong local voice in state budget and program policies . Creation of a state ACIR , composed of state appointees and local government officials , would serve as a forum to develop state-local policy and budget proposals . Creation of a state ACIR is requested . ( 7 ) Local Assessment of Taxable State Lands . The assessment of real property for tax purposes , is vested in assessors selected locally . Real Property Tax Law , §542 , as reinforced by the Court of Appeals , also vests the assessment of taxable state lands in the local assessor . The Association of Towns is opposed to legislation taking this power away from the local assessor . ® ( 8 ) Exemption from Anti=Trust Laws . The U . S . Supreme Court recently held that local government acts are subject to U . S . Anti-Trust laws . A verdict for violation thereof nullifies the local action . The Congress is urged to exempt local government actions from the Anti-Trust provisions . Councilwoman Raffensperger questioned if local governments should be completely exempt ? Town Attorney Buyoucos responded , they shouldn ' t be partially exempt . � � Z Town Board 11 February 11 , 1985 PUBLIC HEARING - ADOPTION OF A LOCAL LAW RELATING TO FLOOD DAMAGE PREVENTION Proof of posting and publication notice of a Public Hearing to consider the adoption of a local law relating to Flood Damage Prevention having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Jaynes Buyoucos noted that a few minor changes had been made in the proposed local law since the last public hearing . As no one in attendance wished to speak for or against the proposed local law , the Supervisor closed the public hearing . ® LOCAL LAW NO . 5 - 1985 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , LOCAL LAW NO . 5 - 1985 A LOCAL LAW RELATING TO FLOOD DAMAGE PROTECTION SECTICN 1 . 0 STATUTORY AUTHORIZATION AND PURPOSE 1 . 1 STATUTORY AUTHORIZATION The People of the State of New York have in The New York State Constitution , Article IX , Section 2 , delegated the responsibility to local governmental units to adopt regulations designed to promote the public health , safety , and general welfare of its citizenry . Therefore , be it enacted by the Town Board of the Town of Ithaca , as follows : 1 . 2 STATEMENT OF PURPOSE It is the purpose of the local law to promote the public health , safety , and general welfare , and to minimize public and private losses due to flood conditions in specific areas by provisions designed : ( 1 ) The protect human life and health , ( 2 ) To minimize expenditures of public money for costly flood control projects ; ( 3 ) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public ; ( 4 ) To minimize prolonged business interruptions , ( 5 ) To minimize damage to public facilities and utilities such as water and gas mains , electric , telephone , and sewer lines , and streets and bridges located in areas of special flood hazard ; ( 6 ) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize futuare flood blight areas , ( 7 ) To insure that potential buyers are notified that 0 f7 Town Board 12 February 11 , 1985 property is in an area of special flood hazard, and ( 8 ) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions . 1 . 3 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes , this Local Law includes methods and provisions for : ( 1 ) Restricting or prohibiting uses which are dangerous to health , safety , and property due to water or erosion hazards , or which result in damaging increases in erosion ® or in flood heights or velocities ; ( 2 ) Requiring that uses vulnerable to floods , including facilities which serve such uses , be protected against flood damage at the time of initial construction ; ( 3 ) Controlling the alteration of natural flood plains , stream channels , and natural protective barriers , which help accommodate or channel flood waters , ( 4 ) Controlling filling , grading , dredging , and other development which may increase flood damage ; and , ( 5 ) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas . SECTION 2 . 0 DEFINITIONS Unless specifically defined below , words or phrases used in this Local Law shall be interpreted so as to give them the meaning they have in common usage and to give this Local Law its most reasonable application . "Appeal " means a request for a review of the Building Inspectors interpretation of any provision of this law or a request for a variance . "Area of shallow flooding" - (Optional if applicable) means a designated AO Zone on the Flood Insurance Rate Map (FIRM) . The base flood depths range from one to three feet , a clearly defined channel does not exist , the path of flooding is unpredictable and indeterminate , and velocity flow may be evident . "Area of special flood hazard " means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year . " Base flood " means the flood having a one percent chance of being ® equalled or exceeded in any given year . Development means any man-made change to improve or unimproved real estate , including but not limited to buildings or other structures , mining , dredging , filling , grading , paving , excavation or drilling operations within the area of spcial flood hazard . "Existing mobile home park or mobile home subdivision " means a parcel ( or contiguous parcels ) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be F 17 Town Board 13 February 11 , 1985 affixed ( including , at a minimum , the installation of utilities , either final site grading or the pouring of concrete pads , and the construction of streets ) is completed before the effective date of this Local Law . " Expansion to an existing mobile home park or mobile home subdivision " means the preparation of additional sites by the construction of facilities for servicing the lots cn which the mobile homes are to be affixed ( including the installation of utilities , either final site grading or pouring of concrete posts or the construction of streets ) . "Flood" or " flooding " means a general and temporary condition of ® partial or complete inundation of normally dry land areas from : ( 1 ) The overflow of inland or tidal waters and/or ( 2 ) The unusual and rapid accumulation of runoff of surface waters from any source . "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the ccmmunity . "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles , as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood . "Floodway " means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot . " Lowest floor " means lowest level including basement , crawlspace , or garage of lowest enclosed area . "Mobile home " means a structure that is transportable in one or more sections , built on a permanent chassis , and designed to be used with or without a permanent foundation when connected to the required utiltites . It does not include recreational vehicles or travel trailers . "New construction " means structures for which the " start of construction " cam-nenced on or after the effective date of this Local Law . "New mobile home park or mobile home subdivision " means a parcel (or contiguous parcels ) of land divided into two or more mobile have lots for rent or sale for which the construction of facilities for servicing the lot ( including , at a minimum, the installation of utilities , either final site grading or the pouring of concrete pads and the construction of streets ) is completed on or after the effective date of this Local Law . " Start of construction " means the first placement of permanent construction of a structure ( other than a mobile hane ) on a site , such as the pouring of slabs or footings or any work beyond the stage of excavation . Permanent construction does not include land preparation , such as clearing , grading , and filling , nor does it include the installation of streets and/ or walkways ; nor does it include excavation for a basement , footings , piers or foundations or the erection of temporary forms , nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not as part of � � 2 Town Board 14 February 11 , 1985 the main structure . For a structure (other than a mobile home) without a basement or poured footings , the " start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation . For mobile homes not within a mobile home park or mobile home subdivision , " start of construction " means the affixing of the mobile home to its permanent site . For mobile homes within mobile home parks or mobile home subidivisions , " start of construction " is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed ( including , at a minimum , the construction of streets , either final site grading or the pouring of convrete pads , and installation of utilities ) is completed . " Structure " means a walled and roofed building , a mobile home , or a gas or liquid storage tank, that is principally above ground . " Substantial improvement" means any repair , reconstruction , or improvement of a structure , the cost of which equals or exceeds 50 percent of the market value of the structure either : ( 1 ) Before the improvement or repair is started , or ( 2 ) If the structure has been damaged and is being restored , before the damage occurred . For the purposes of this definition " substantial improvement " is considered to occur when the first alteration of any wall , ceiling , floor or other structural part of the building commences , whether or not that alteration affects the external dimensions of the structure . The term does not , however , include either : ( 1 ) Any project for improvement of a structure to comply with existing State or local health , sanitary , or safety code specifications which are solely necessary to assure safe living conditions , or ( 2 ) Any alateration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places . "Variance " means a grant of relief from the requirements of this local law which permits construction in a manner that would otherwise be prohibited by this Local Law , SECTION 3 . 0 GENERAL PROVISIONS 3 . 1 LANDS TO WHICH THIS LOCAL LAW APPLIES This Local Law shall apply to all areas of special flood hazards ® within the jurisdiction of the Town of Ithaca . 392 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled " The Flood Insurance Study for the Town of Ithaca , Tompkins County , New York " , dated June 1984 , with accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps and any revision thereto is hereby adopted by reference and declared to be 9 T 3 Town Board 15 February 11 , 1985 a part of this Local Law . The Flood Insurance Study is on file in the office of the Town Clerk . 3 . 3 INTERPRETATION , CONFLICT WITH CIPHER LAWS In their interpretation and application , the provisions of this local law shall be held to be minimum requirements , adopted for the promotion of the public health , morals , safety , or the general welfare . Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules , regulations , or ordinances , the most restrictive , or that imposing the higher standards , shall govern . 3 . 4 VALIDITY The invalidity of any section or provision of the local law shall not invalidate any other section or provision thereof . 3 . 5 PENALTIES FOR NON-CCNPLIANCE No structure or land shall hereafter be constructed , located , extended , converted , or altered without full compliance with the terms of this local law and other applicable regulations . Violation of the provisions of this local law by failure to comply with any of its requirements ( including violations of conditions and safeguards established in connection with conditions ) shall constitute a misdemeanor . Any person who violates this local law or fails to comply with any of its requirements shall , upon conviction thereof , be fined not more than $500 . 00 or imprisoned for not more than 30 days or both for each violation , and in addition , shall pay all costs and expenses involved in the case . Nothing herein contained shall prevent the Building Inspector from taking such other lawful action as necessary to prevent or remedy a violation . 3 . 6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations . Larger floods can and will occur on rare occasions . Flood heights may be increased by man-made or natural causes . This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages . This local law shall not create liability on the part of the Town of Ithaca , any officer or employee therof or the Federal Insurance Administration , for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder . SECTION 4 . 0 ADMINISTRATION ® 4 . 1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3 . 2 . Application for a Development Permit shall be made on forms furnished by the Building Inspector and may include , but not be limited to , plans in duplicate drawn to scale showing the nature , location , dimensions , and elevations of the area in question , existing or proposed structures , fill , storage of materials , drainage facilities , and the location of the foregoing . � � 7 Town Board 16 February 11 , 1985 4 . 2 DESIGNATION OF THE LOCAL ADMINISTRATOR A . The Building Inspector is hereby appointed to administer and implement this local law by granting or denying development permit applications in accordance with its provisions . B . The Building Inspector may include such conditions as he may reasonably require to carry out the purposes of this law , and further in consideration of the technical evaluations , all relevant factors and standards specified in other sections of this law including , but not limited to , those set forth in Section 4 . 4-1 ( 4 ) , below . ® 4 . 2-1 PERMIT . APPLICATIONS . ADDITIONAL REQUIREMEN'T'S . 1 . The application for the permit must be made by the Owner ( s ) of the property or by a person duly authorized by the Owner ( s ) on forms prepared by the Administrator . 2 . Any permit issued may require that work shall be begun on a date which shall be no more than three months after its issue . The estimated date of completion of the work shall appear on the permit . The Building Inspector may grant extensions of time as he may reasonably determine , taking into account the factors and standards set forth elsewhere in this law and he may require additional conditions taking into account such factors and standards and any changes in the physical facts , or in any applicable law , code or regulations , and the extent of the progress of such work at the time of application . Such application for extension shall be made on forms prepared by the Administrator . 3 . It shall be the responsibility of the person to whom a permit is issued to insure that all work and construction has been done in compliance with the requirements of this law . The owner shall sign and acknowledge a certificate that the work has been performed and completed in accordance with all provisions of this law and the conditions of a permit . The Administrator may also require that such a certificate be signed by a competent person who has supervised or examined the work . 4 . 3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR Duties of the Building Inspector shall include , but not limited to : 4 . 3 -1 PERMIT REVIEW ( 1 ) Review all development permits to determine that the permit requirements of this Local Law have been satisfied . ( 2 ) Review all development permits to determine that all necessary permits have been obtained from those Federal , ® State , or local governmental agencies from which prior approval is required . ( 3 ) Review all development permits to determine if the proposed development is located in the floodway . If located in the floodway , assure that the encroachment provisions of Section 5 . 3 ( 1 ) are met . 493 -2 USE OF OTHER BASE FLOOD DATA 0 77 Town Board 17 February 11 , 1985 When base flood elevation data has not been provided in accordance with Section 3 . 2 , BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD , the Building Inspector shall obtain , review , and reasonably utilize any base flood elevation data available from a Federal , State or other source , in order to administer Sections 5 . 2-1 , SPECIFIC STANDARDS , Residential Construction , and 5 . 2-2 , SPECIFIC STANDARDS , Nonresidential Construction , 4 . 3 -3 INFORMATION TO BE OBTAINED AND MAINTAINED ( 1 ) Obtain and record the actual elevation ( in relation to mean sea level ) of the locest floor ( including basement or cellar ) of all new or substantially improved structures , and whether or not the structure contains a basement . ( 2 ) For all new or substantially improved floodproofed structures : ( i ) Verify and record the actual elevation ( in relation to mean sea level ) ; and ( ii ) Maintain the floodproofing certifications required in Section 5 . 2-3 ( 3 ) . ( 3 ) Maintain for public inspection all records pertaining to the provisions of this local law . 4 . 3-4 ALTERATION OF WATERCOURSES ( 1 ) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse , and submit evidence of such notification to the Federal Insurance Administration . ( 2 ) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished . 4 . 3 -5 INTERPRETATION OF FIRM BOUNDARIES Make interpretations where needed , as to the exact location of the boundaries of the areas of special flood hazards ( for example , where there appears to be a conflict between a mapped boundary and actual field conditions ) . The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4 . 4 . 4 . 4 VARIANCE PROCEDURE 4 . 4 -1 APPEAL BOARD ( 1 ) The Zoning Board of Appeals as established by the Town shall hear and decide appeals and requests for variances ® from the requirements of this local law . ( 2 ) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirements , decisions , or determination made by the Building Inspector in the enforcement or administration of this local law . ( 3 ) Those aggrieved by the decision of the Board of Appeals or any taxpayer owning property in the Town of Ithaca who may have a significant interest in the decision and the l � � Town Board 18 February 11 , 1985 proceedings on which it was based , may appeal such decision to the Supreme Court as provided in The New York State Constitution , Article VI , Section 2 and by the laws of the State of New York . ( 4 ) In passing upon such applications , the said Board shall consider all technical evaluations , all relevant factors , standards specified in other sections of this local law and : ( i ) The danger that materials may be swept onto other lands to the injury of others . ( ii ) The danger of life and property due to flooding or erosion damage . ( iii ) The susceptibility of the proposed facility and contents to flood damage and the effect of such damage on the individual owner . (iv) The importance of the services provided by the proposed facility to the comp unity . (v) The necessity to the facility of a waterfront location where applicable . (vi ) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage . (vii ) The compatibility of the proposed use with existing and anticipated development . (viii ) The relationship of the proposed use to the comprehensive plan and flood plain management program of that area . ( ix) The safety of access to the property in times of flood for ordinary and emergency vehicles . (x) The expected heights , velocity , duration , rate of rise , and sediment transport of the flood waters and the effects of wave action , if applicable , expected at the site , and (xi ) The costs of providing governmental services during and after flood conditions , including maintenance and repair of public utilities and facilities such as sewer , gas , electrical , and water systems and streets and bridges . ( 5 ) Upon consideration of the factors of Section 4 . 4 - 1 ( 4 ) and the purposes of this local law , the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law . ( 6 ) The Board of Appeals shall maintain the records of all appeal actions including technical information and report any variances to the Federal Insurance Administration upon request . 4 . 4 -2 CONDITIONS FOR VARIANCES ( 1 ) Generally , variances may be issued for new construction and substantial improvements to be erected on a lot of -TV Town Board 19 February 11 , 1985 one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level , providing items ( i-xi ) in Section 4 . 4 -1 ( 4 ) have been fully considered . As the lot size increases beyond the one-half acre , the technical justification required for issuing the variance increases . ( 2 ) Variances may be issued for the reconstruction , rehabilitation or restoration of structures listed on the National Register of Historical Places or the State Inventory of Historical Places , without regard to the procedures set forth in the remainder of this section . ® ( 3 ) Variances shall not be issued without any designated floodway if any increase in flood levels during the base flood discharge mould result . ( 4 ) Variances shall only be issued upon a determination that the variance is the minimum necessary , considering the flood hazard , to afford relief . ( 5 ) Variances shall only be issued upon : ( i) A showing of good and sufficient cause . ( ii ) A determination that failure to grant the variance would result in exceptional hardship to the applicant ; and ( iii ) A determination that the granting of a variance will not result in increased flood heights , additional threats to public safety , extraordinary public expense , create nuisances , cause fraud on or victimization of the public as identified in Section 4 . 4 -1 ( 4 ) , or conflict with existing local laws or ordinances . ( 6 ) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation . SECTION 5 . 0 PROVISIONS OF FLOOD HAZARD REDUCTION 5 . 1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required : ® 5 . 1 -1 ANCHORING ( 1 ) All new construction and substantial improvements shall be anchored to prevent flotation , collapse , or lateral movement of the structure . ( 2 ) All mobile homes shall be anchored to resist flotation , collapse , or lateral movement by providing over-the-top and frame ties to ground anchors . Special requirements shall be that : 9 � Z Town Board 20 February 11 , 1985 ( i) Over-the-top ties be provided at each of the four corners of the mobile home , with two additional ties per side at intermediate locations , with mobile homes less than 50 feet long requiring one additional tie per side . ( ii ) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points , with mobile homes less than 50 feet long requiring four additional ties per side . ® ( iii ) All components of the anchoring system be capable of carrying a force of 4 , 800 pounds , and ( iv) Any additions to the mobile home be similarly anchored . 5 . 1 -2 CONSTRUCTION MATERIMS AND METHODS ( 1 ) All new construction and substantial improvements shall be constructed with materials and utility equipment resistent to flood damage . ( 2 ) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage . 5 . 1 -3 UTILITIES ( 1 ) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system . ( 2 ) New and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters , and ( 3 ) On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding . 5 . 1 -4 SUBDIVISION PROPOSALS ( 1 ) All subdivision proposals shall be consistent with the need to minimize flood damage . ( 2 ) All subdivision proposals shall have public utilities and facilities such as sewer , gas , electrical , and water systems located and constructed to minimize flood damage . ( 3 ) All subdivision proposals shall have adequate drainage ® provided to reduce exposure to flood damage ; and ( 4 ) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less ) . 5 . 2 SPECIFIC STANTARDS In all areas of special flood hazards where base flood elevations data have been provided as set forth in Section 3 . 2 , BASIS FoR qZZ Town Board 21 February 11 , 1985 ESTABLISHING THE AREAS OF SPECIAL FIDOD HAZARD , or in Section 4 . 3 -2 , Use of Other Base Flood Data , the following standards are required . 5 . 2-1 RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor , including basement or cellar , elevated to or above base flood elevation . 5 . 2 -2 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial , industrial or other nonresidential sturcture shall either have the ® lowest floor , including basement or cellar , elevated to the level of the base flood elevation ; or , together with attendant utility and sanitary facilities , shall : ( 1 ) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water . ( 2 ) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy ; and ( 3 ) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied . Such certification shall be provided to the official as set forth in Section 4 . 2 . 5 . 2 -3 MOBILE HOMES ( 1 ) Mobile homes shall be anchored in accordance with Section 5 . 1 -1 ( 2 ) . ( 2 ) For new mobile home parks and mobile home subdivisions , for expansions to existing mobile home parks and mobile home subdivisions ; for existing mobile home parks and mobile home subdivisions where the repair , reconstruction and improvement of the streets , utilities and pads equals or exceeds 50 percent of value of the streets , utilities and pads before the repair , reconstruction or improvement has commenced ; and for mobile hones not placed in a mobile home park or mobile home subdivision , require that : ( i ) Stands or lots are elevated on compacted fill or on pilings so that the lowest flood of the mobile home will be at or above the base flood level . ( ii ) Adequate surface drainage and access for a hauler are provided , and , ( iii ) In the instance of elevation on pilings , ® that : --Lots are large enough to permit steps . --Piling foundations are placed in stable soil no more than ten feet apart , and --Reinforcement is provided for pilings more than six feet above the ground level . ( 3 ) No mobile home shall be placed in a floodway , except in 0271 Town Board 22 February 11 , 1985 an existing mobile home park or an existing mobile home subdivision . 5 . 3 F LOODWAYS Located within areas of special flood hazard established in Section 3 . 2 are areas designated as floodways . Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris , potential projectiles , and erosion potential , the following provisions apply : ( 1 ) Prohibited encroachments , including fill , new construction , substantial improvements , and other ® development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge . ( 2 ) Prohibit the placement of any mobile home , except in an existing mobile home park or existing mobile home subdivision . ( 3 ) In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated , the cumulative effects of any proposed development , when combined with all other existing and anticipated development , shall not increase the water surface elevation of the base flood more than one foot at any point . 6 . This Local Law repeals Local Law No . 3 , 1976 , adopted on or about August 23 , 1976 , relating to Special Flood Damage Districts (being incorporated as Article XV of the Zoning Ordinance of the Town of Ithaca ) , and any other provisions heretofore adopted governing the regulations and procedures for the management of areas to control and reduce flood damage . 7 . This Law shall take effect immediately on adoption . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 5 - 1985 , was thereupon declared duly adopted . ASSOCIATION OF 'TOWNS RESOLUTIONS (CON`T'INUED) ® The Board voted aye on all of the remaining resolutions except Y g No . 11 . ( 9 ) Computation of Prevailing Wages , Labor .Law , §220 requires computation of prevailing wages in public works by using union contracts , which do not necessarily reflect the actual prevailing wage in a particular location . This process increases the cost of local public works projects . Legislation is required to change such method of computation . GG � Town Board 23 February 11 , 1985 Councilwoman Raffensperger asked if the actual prevailing wage was the prevailing union wage . Supervisor Desch responded , actual wage of the open and closed shops . ( 10 ) Taxation of Telephone Equipment . Taxable telephone equipment and appurtenances have served as an important source of local real property tax revenue . Technological and regulatory changes , Court decisions and AT and T divestiture , present problems in assessment of such equipment . Legislation is urged to clearly define taxable telephone equipment . ( 11 ) Solid Waste Disposal . The volume of solid waste generated presents a continuous problem for its disposal in many parts of the state . It is especially acute on Long Island , involving the disposal of ash residue . An acceptable solution requires additional state financial and technical assistance to municipalities , including establsihing and operaating regional land fills on Long Island for ash residue and " by pass " waste disposal . ( 12 ) Notice of Location of Boarding or Group Homes . Private agencies licensed by the State Department of Social Services to operate a boarding or a group home for children , do so without notice to local officials and without an opportunity to participate in the process of site selection . Legislation , previously introduced , to require notice to local officials for location of such group or boarding hcimes is supported . ( 13 ) Town Speed Limits . Presently , the Vehicle and Traffic Law empowers all cities and all villages to set speed limits . However , only suburban towns and towns with a population of over 50 , 000 have similar authority . Legislation is urged to authorize all towns to set speed limits . ( 14 ) Increase In Fines For Violation of Town Ordinances . Presently , the maximum fine for a violation of a town ordinance , including a zoning ordinance , is $ 250 . The fine for a misdemeanor under the Penal Law is $ 500 to $ 1 , 000 , depending upon the classification of the misdemeanor . An increase is requested in the fine under Town Law , §§135 and 268 to at least $ 1 , 000 . REPORT OF COUNTY BOARD OF REPRESENTATIVES County Representative Beverly Livesay stated that County Board had sort of an offer from a developer interested in the old hospital . The Board will now pursue this offer . Also , the Community Hospital has indicated an interest and they will hear what they have to say . TOWN OF ITHACA WARRANT'S RESOLUTION NO . 19 ® Motion by Councilman Cramer ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated February 11 , 1985 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . $64 , 689 . 94 General Fund - Outside Village . . . . . . . . . . . $17 , 583 . 48 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 , 740 . 06 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . $14 , 629 . 46 Lighting Districts Fund . . . . . . . . . . . . . . . . . . $ 415 . 62 :T7P7 Town Board 24 February 11 , 1985 Federal Revenue Sharing Fund . . . . . . . . . . . . . $ 41260 . 00 Parks Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . $ 138 . 27 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . $ 1 , 053 . 77 Councilwoman Raffensperger questioned the bills for the Coddington Road Community Center . Supervisor Desch responded that they wer reimbursable through State Aid . ( Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . BOLTON POINT WARRANTS RESOLUTION NO , 20 RESOLVED , that the Bolton Point Warrants dated February 11 , 1985 , in the Operating Account are hereby approved , in the amount of $82 , 450 . 52 after review and upon the rcommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . RELOCATION OF PINE TREE ROAD Supervisor Desch stated that the purpose of this evenings discussion is to decide whether or not to authorize the Town Engineer to assist the County in the relocation of the highway through the provision of design and field layout . Approximately 125 hours of staff time is involved . The project involves the relocation of Pine Tree Road so that it lines up with Sumnerhill Lane . The purpose of the construction is to improve the traffic safety on Ellis Hollow Road , particularly at and near the intersections with East Hill Plaza and Judd Falls Road . The proposal is consistent with plans that have been in place since 1968 . Every other conceivable option has been considered and shown by our engineering and planning staff and the Planning Board to be ineffective . He went on to say that the matter before us involves no work north of Ellis Hollow Road , that is to say there are no plans to extend Summerhill Lane or to connect it with the Plaza . Such plans may or may not be considered in the future , at which time the people of the Town will have the opportunity to comment . We are not having a public hearing on the matter before us but have agreed to use "Persons to be heard" agenda item for the purpose of receiving public comment . We , however , will not spend an unlimited amount of time to listen to repetitive comment . If there is a ® spokesperson for the group we would suggest that that person take the time to express all the views of the group . Nor is it appropriate to go back over all the alternatives presented at various meetings in the past . The Board has extensively reviewed these alternatives and the alignment that has been on the Official Map has stood the test of all of these lengthy discussions for 17 years . County Board Representative Beverly Livesay asked what communications the Town had received from the County regarding the realignment ? 9SZ Town Board 25 February 11 , 1985 Supervisor Desch responded , we have had communications from the County Planning Board and the Public Safety Committee . Mrs . Livesay remarked that the realignment proposal never came before the Board of Representatives . Maurice Dusky , Director of the Ellis Hollow Road Apartments presented to the Board a petition signed by the residents of the Senior Citizens Housing Project , stating their opposition to the relocation of Pine Tree Road . Mr . Dusky stated that the main concern was that Summerhill Lane not be made into a direct route . Mr . Paul Hartman , 132 Pine Tree Road stated that the residents had ® argued in the past , against Summerhill Lane . The Board promised to study the problem . He went on to say that he did not know what good it did the residents to come to a Board meeting and stated their opposition . John DeWire , 148 Pine Tree Road reminded the Board that many of the residents of the area had argued against allowing an exit by the service station at the East Hill Plaza . He went on to ask what would happen to the present road property after the road is relocated . This will become prime commercial property . Supervisor Desch responded that there was no doubt that the property value would be increased . However , the area was not zoned commercial . The Supervisor went on to say that the Town had been informed by the County that they were ready to proceed . He noted that the alignment with Summerhill Lane had been on the Official Highway Map since 1968 and that the Board had concurred with the alignment and reaffirmed its position after a lengthy discussion in December of 1981 . Mr . Dusky remarked that there was concern over the traffic that would now be on Summerhill Lane . The main concern is the crossing of the highway by the elderly residents of the Ellis Hollow Apartments , Councilwoman Raffensperger remarked that the Town has had a lot of roads on the Official Highway Map and have later removed them. Therefore , it does not mean that Pine Tree Road has to be realigned . She went on to note that the Supervisor stated that all Board members have agreed to the proposed realignment . Mrs . Raffensperger noted that not all Board members had agreed . She stated that the Board has not discussed the specific issue of safety on the realignment of Summerhill Lane . She noted that it did not make sense to make traffic turn left again . Mrs . Richard Fischer , 135 Pine Tree Road asked the Supervisor explain again , the alignment of the proposed road . Supervisor Desch that the realignment would go right , through the Cornell horse pasture and cross by the book bindery . Town Engineer Lawrence Fabbroni remarked that the alignment would ® avoid making drivers decide six things at once . Lawrence Rosenberg , 38 Dove Drive stated that he felt Pine Tree Road should be aligned direct into Judd Falls Road . He went on to say that he felt the corridor should be completed before making a new road which would be going to no place . He went on to note that the Cornell Equine Research Farm had just put up a new fence which must have cost considerably . If you make Pine Tree Road connect with Judd Falls Road , you only have one big tree in the way . Ct Town Board 26 February 11 , 1985 Supervisor Desch responded that because of the wet areas , alignment with Judd Falls Road would be counterproductive because the drainage problems had already been corrected on the proposed realignment side to the benefit of the Ellis Hollow Housing project . Also , he noted that there was a house that would need to be removed and the pressure station on the natural gas system , in order to align Pine Tree Road with Judd Falls Road . John DeWire remarked , what about the house on the corner of Warren and Hanshaw Roads , its been there for years . Richard Fischer , 135 Pine Tree Road remarked that two months ago , the Telephone Company had dug a hole , in the area where the ® drainage has been corrected , you should have seen the glop ! He went on to say that if you divert Pine Tree Road then traffic from East Hill Plaza will have to cut across traffic again to turn . If Pine Tree Road is aligned with Judd Falls Road then traffic can be controlled with a traffic light . Mr . DeWire remarked that the intersection by the gas station in the East Hill Plaza should be closed . Dr . Fischer went on to say that a great majority of people make a jig zag and go to Cornell in the morning , then at night it is reversed to Pine Tree Road . With the Judd Falls Road connection , Pine Tree Road would join at right angles . He went on to say that he heard the word corridor used . Dr . Fischer noted that the residents were told that there were no to extend Summerhill Lane to Route 366 . He stated that he wondered if this wouldn ' t be setting up Frank Liguori ' s group to continue with the connection . Councilwoman Raffensperger reminded those in attendance that the Board was on record of not approving the Phase I connection unless the northern section of the proposed road was built bypassing Forest Home . County Representative Beverly Livesay remarked that the Town Board had the authority to put up stop signs . Supervisor Desch responded that the Town Board had authority to put up stop signs only on Town roads . Mrs . Livesay remarked that she felt it best to put up stop signs , preferably a four-way stop sign . Supervisor Desch responded that anytime you have this much happening in such a short distance , you won ' t improve safety with lights . Royal Colle , 121 Pine Tree Road remarked that there was a lot going on in this area . Why wait the diversion traffic , shut off the exit by the gas station at the East Hill Plaza now with no need for major construction . He %ent on to say that he though he heard the Supervisor say that Summerhill Lane would not be a corridor to Route 366 . ® Supervisor Desch responded that he said it would not be a part of this project . It is , however , an approved corridor and it may be in the best interest to put the corridor in . He remarked that the driveway from the East Hill Plaza was important but not the primary objective in the realignment . The elimination of hazards , due to Pine Tree Road is the primary objective in the realignment . Wendy Wallette , 1536 Slaterville Road stated that she was out of the county when the connector as discussed . She went on to say that if you take the step of realigning Pine Tree Road with QfZ Town Board 27 February 11 , 1985 Summerhill Lane you are making the decision now that the corridor must be built . There will be no chance then to ever align Pine Tree Road with Judd Falls Road , Supervisor Desch responded that you owe it to yourselves to not consider the corridor in the realignment of Pine Tree Read but to consider the safety improvement on its own merit . County Representative Beverly Livesay stated that people have asked to . have Pine Tree Road aligned with Judd Falls Road or install stop signs . She went on to say that she has never heard of anyone asking for this type of alignment . ® Supervisor Desch responded that these are community highways and that the Board is responsible to all who use them . RESOLUTION NO . 21 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize 125 hours of staff time for the Town Engineer to assist the County in the relocation of Pine Tree Road through the provision of design and field layouts . Councilman Cramer asked if the County needed to come back to the Town with an Environmental Assessment? Supervisor Desch responded no , the County is lead agent . Councilwoman Raffensperger stated that there have been corridors that have been taken off the Official Highway Map , in the past . She went on to object that the Supervisor had implied that once a corridor was placed on the Official Highway Map it could not be removed . She noted that the alignment of Pine Tree Road to Summerhill Lane was not the best because of the impact it will have on Forest Home , Mrs . Raffensperger continued , noting that the resolution passed by the Ithaca Town Board required the Town of Dryden to upgrade Game Farm Road and that todate the Town of Dryden has not been made to upgrade the road . She went on to say that the proposed alignment of Pine Tree Road does not improve the safety of the area and that it did not make sense to her , even to the point of c0flmLitting the costs of engineering . Supervisor Desch responded that he preferred to let the engineers decide this . Councilwoman Raffensperger , addressing the other Board members , remarked , don ' t think voting on this resolution is not a decision because it is a decision . Supervisor Desch responded yes , voting on this resolution does make a corn At went . ® ( Desch , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - Raffensperger . ADJOURNMENT The meeting was duly adjourned . Town Board 28 February 11 , 1985 Town Clerk