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HomeMy WebLinkAboutTB Minutes 1985-09-09 TOWN OF ITHACA REGULAR BOARD MEETING September 9 , 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 9th day of September , 1985 , there were : • PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger, Counciluanan Marc Cramer , Councilman Henry MCPeak , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ALSO PRESENT ° Lawrence Fabbroni , Town Engineer John Barney, Town Attorney Richard Ruswick , Buyoucos , Barney , Grossman and Roth Law Finn Beverly Livesay , Board of Representatives Stuart Stein , Board of Representatives Deborah Dietrich , Candidate for Board of Representatives Representatives of the Media : Deb Mc Gowan , Ithaca Journal Mark Schultz , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor 's Report Town Attorney Supervisor Desch stated that he had indicated to the Town Attorney that it was essential to have his office represented at every meeting of the Town Board , Planning Board and Zoning Board of Appeals because of the increasing vulnerability municipalities have in the area of litigation . He went on to say that he was pleased to welcome a new member of the firm , Mr . Dick Ruswick . Addressing Mr . Ruswick , the Supervisor stated that the Town looks forward to • working with him . Route 96 The Supervisor went on to say that he was pleased to report that the City is beginning the process of a thorough evaluation of the various alternatives offered by State DOT on this project . This will serve to get the true facts on the table so that the most informed decision can be made by Caumon Council when the formal action is required . Supervisor Desch noted that at 8 : 00 A . M . , this morning , he and Larry Fabbroni had attended a meeting with the Town Board 2 September 9 , 1985 hospital and the Paleontological Research Institution (PRI ) to work toward a resolution of the concerns that these parties have with the alignment through their property . We will need to have a formal discussion on this during tonights meeting . 1986 Budget The budget process is coming along well . It is still too early to talk about tax rates but virtually all of the requests are in and he went on to say that he has developed the proposed allocation of Federal Revenue Sharing funds . The Federal Revenue Sharing office recommends that we allocate only 75% of the 1986 entitlements because of pending legislative cuts . Even with such allocations we • will have to avoid spending the money before the quarterly amounts are received or before the new legislation is passed . Meeting Attendance The Supervisor noted that there was a draft resolution for Board consideration later in the meeting . He went on to say that the Chairman of the Zoning Board of Appeals had requested that the Board consider the problem caused when a Board member misses three consecutive meetings in a row without a valid reason . Town Engineer ' s Report Town Engineer Larry Fabbroni remarked that the Board members had a copy of his report which they could read at a later date . (Copy attached to minutes ) . He went on to say that August was one of the busiest months his department had every experienced . Everybody has been pushed to their limits . Peter Lovi was busy with proposals . Bob Flumerfelt and Mike Ocello were busy keeping the construction projects going in a timely manner and Lew Cartee had issued thirty water applications for the month . Burns Road The Town Engineer noted the highlights for the month . Substantial progress has been made on the Burns Road project . He stated that it would be worthwhile for the Board members to look at the lame scale project undertaken by the Town . Park Lane Extension The Town Engineer stated that they had run into a few problems with the relocation of the gas main ( cost) on the design details for the Park Lane Extension . There is a difference of opinion between the Town and NYSDOT as to where to relocate the gas main . We are ready to begin the project within days when all the pieces come into place . Wastewater Treatment Facility Town Engineer Fabbroni reported that the contractors were • proceeding at full speed. The crossing of Route 13 has been ccmpleted . There was substantial interference with the utilites on First Street . The painting of the digester tank cover is almost complete , the second floor of the influent building is being constructed and the crossing of Cascadilla Creek is virtually completed . A prefabricated section of outfall pipe , 600 ' to 700 ' long will be floated out into the lake and hopefully it will drop into place . He went on to say that we will soon know what last nights rain did , and what future rains will do . Town Board 3 September 9 , 1985 The Town Engineer went on to note that a progress audit was completed by DEC with no big problems with the records . The bids for the monitoring stations will be opened Tuesday , September 10 . We are in the process of updating the Sewer Use and Industrial Pretreatment Ordinance , Supervisor Desch noted that a letter had been received from DEC stating that reimbursement for the lake study had been turned dam . Drainage The Town Engineer noted that he had received a few miscellaneous complaints about drainage in Eastwood Commons . Norbert Schickel • redug a ditch and strayed onto the adjacent property . He stated that it was largely a legal problem , which he informed the adjacent property owner . Eastwood Commons has now redug the ditch on their own property and replanted the area . He stated that he talked over the concerns that the people on Slaterville Road had with drainage . When time permits , he agreed to consider the construction of a diversion ditch . REPORT OF COUNTY BOARD OF REPRESENTATIVES County Board Representative Beverly Livesay asked if the Town had received a copy of the census projection? Supervisor Desch responded , yes . Mrs . Livesay went on to say that the County Board had voted to close the landfill in Dryden and that all refuse would now be going to Landstrom ' s landfill in Spencer . The County Board is now looking into what should be done about the Bank ' s escrow payments . Several options are being considered . Mrs . Livesay went on to question if the Board was aware of an M ncubator grant that is being proposed for small business to be located at the old hospital . Stewart Stein , Chairman of the County ' s Planning and Development Committee stated that 18 , 000 square feet of the old hospital building had been set aside for this project and the County had made application for the funding . He went on to say that this action does not commit the County to do anything with the old hospital , it merely reserves our place in the funding , but with no cor¢mitment on the County ' s part . There will be space for small industries to get started then move to larger space and then other business move in and start the cycle over . Supervisor Desch asked if a specific space had been designated? Mr . Stein replied , the east side , lower level , where the laundry • facilities were . He added , it is not the most desirable space in the building . Mr . Stein went on to say that he noticed , on tonights Town Board Agenda , an item to approve IDA financing for the medical facility . He went on to say that he had not researched the project , however , Industrial Development Agency bonds are for projects that want to come into an area and set up a business . The low interest rates are to help New York State be more competitive . He questioned if this was the kind of project IDA was set up for . The doctors are here and can go to any bank and get all the money they need . The i TOWN HIGHWAY SUPERINTENDENT ' S MONTHLY REPORT AUGUST 13 , 1985 to SEPTEMBER 9 , 1985 Robert E . Parkin Burns Road - - Cut and Fill Slopes - - Install Drainage Pipe , Lay Down Mirafi Stabilization Fabric and Cover with Creek Gravel Complete all Roads to be Surface Treated Install Resident Culvert Pipes - - 1 on Renwick Drive ; 3 on Dove Drive Eastern Heights Park - - Haul in CR and Spread with Dozer for Parking Lot and Paths Start 2nd Roadside Mowing - Cut Shoulders and Clean Ditch on Calkins Road ; Shape with CBR Gravel , and Double Surface Treatment REP / nf 9 / 9 / 85 INVENTORY OF HIGHWAY MACHINERY , TOOLS AND EQUIPMENT Highway Law , Section 142 ( 3 ) ( To be prepared by the Town Superintendent and filed with the Town Board on or before September 30 in each year . ) TOWN OF ITHACA COUNTY OF TOMPKINS DATE OF INVENTORY - SEPTEMBER 9 , 1985 Year Purchase Estimated Cost Quantity Description Manufactured Price Condition of Repairs 1 361 Brockway and Plow 1970 $2431000 .00 Fair $ 3 , 000 . 00 1 358 Brockway and Plow 1973 20 , 835 . 00 Fair 3 , 500 . 00 1 L8000 Ford and Plow 1971 223378 .00 Fair 22500 . 00 1 FWD and Plow 1983 849944 . 00 Good 1 , 000400 1 F600 Ford 1975 92061 .00 Fair 25000900 1 F600 Ford 1972 5 , 800 . 00 Poor - - - - - - - - 1 F100 Ford Pick -Up 1966 21160 .00 Poor 200900 1 Dodge Omni Car 1981 5 , 805900 Fair 700 . 00 1 T500 Gallion Grader 1966 272079900 Good 15000000 1 Buffalo Roller 1947 62700 . 00 Fair 600 . 00 1 Gallion Roller ( used ) 1968 53050 .00 Fair 700 . 00 1 Case Backhoe 1974 113945 . 00 Good 700 . 00 3 Air Flow Spreaders ' 79 / 182 / ' 83 13 , 000900 Good /Good /Good 900000 1 Sicar Snow Blower 1966 69795 . 00 Good 300 . 00 1 Badger Excavator 1980 542000 .00 Good 800 . 00 1 MB Power Broom 1976 39000 . 00 Fair 800000 1 Good Roads Stone Box 1958 12550 .00 Good 300 . 00 1 John Deere Mowing Tractor 1985 172000 . 00 New 300 . 00 1 Michigan Rubber Roller ( used ) 1972 8 , 000900 Good 500 . 00 Radios 10 Mobile , 2 Portable , Base , Repeater 1978 112659 . 00 Good 600 . 00 1 930 Cat Loader 1978 582136 .00 Good 800900 Tools and Miscellaneous 112500 . 00 1 John Deere 450-C Dozer 1979 239430 .00 Good 600 . 00 1 Centerville 16 Ton Trailer 1979 4 , 750 . 00 Good 500000 1 Custom 150 Dodge Pick -Up ( used ) 1978 4 , 600 .00 Good 500000 1 Emergency Sewer Generator 1978 12 , 500 . 00 Good 1 John Deere Mowing Tractor ( Parks ) 1982 62169 .00 Good 200 . 00 1 D - 150 Dodge Pick -Up Club Cab 1980 6 , 021 . 00 Good 300 . 00 1 Snow Co . Trailer 1982 19432 .00 Good 100 . 00 1 Dodge Aries Car ( used ) 1982 52000000 Good 400 . 00 1 Chevy Citation Car ( used ) 1981 54000 .00 Good 400 . 00 1 Dodge Pick -Up 1985 89626 . 00 New 200 . 00 recommend purchase of the following : Description Estimated Cost Superintendent ' s Car to replace 1981 Dodge Omni $ 7 , 000 . 00 Dump Truck to replace 1973 358 Brockway $ 48 , 000 . 00 TOTAL $55 , 000 . 00 obert E . Parkin , Town of Ithaca Highway Superintendent REP /nf PARKS AND RECREATION WAYS MONTHLY REPORT , AUGUST , 1985 Park , trail , and municipal site maintenance . Completion of bench construction and installation . Eastern Heights Park driveway and parking area completion , play structure repairs . Dewitt exercise trail repairs . Hosted chain saw safety class with participants from other local parks departments , schools . Fire hydrant painting . Prepared budget proposals , Park Use Law proposed amendments . Susan Beeners Richard Schoch Sept . 4 , 1985 t FLANNING AND ENGINEERING REPORT Lawrence P . Fabbroni , P . E . Town Engineer AUGUST 13 , 1985 through SEPTEMBER 9 , 1985 Water - Coordinate water services extensions -- Snyder Hill and - Coordinate water service extension -- Hickory Place Sewer - Coordinate sewer service extension -- Kendall Avenue - Contract Administration Watennains Phase II -- Change Orders, Schedules, citizen inquiries, applications - Monitor Wage Compliance Watenmains Phase II - Staff inspection and as - built measurements for subdivision construction - Planning future watenmain extensions -- incomplete - Budgeting for 1986 Parks - Awaiting Town Attorney review of Sand Bank Road -Buttermilk improvement agreement - Awaiting Town Attorney review of permanent easement - Budgeting 1986 - Dialogue with City and State Parks on Inlet Bikeway Town Barn - Start developing capital project for heating , fire and security and systems for 1986 Town Hall - Develop HVAC upgrade proposals for Town Hall -- preliminary estimates Highways - Burns Road -- Property Closings -- still pending Town Attorney action - Coordinate fill and compaction with NYSDOT and State Contractor - Complete heavy earthmoving - Highway Department — placement of filter fabric, drainage pipe , alignment modification , rough grading , gravel placement , crusher run placement on south end Phase I . and south end Phase II - Contract management for SOS project Hospital - Hospital escrow agreement - Discussion with landowner ( eminent domain seems necessary ) Park Lane - Design Park Lane Extension, financial considerations, field review with developer and excavator, further refinements with NYSDOT , rock investigations , and cost implications of relocating gas main , meetings with landowner BUILDING INSPECTOR ' S MONTHLY REPORT AUGUST 1985 Lewis D . Cartee 1 . Building Permits Issued , August 1985 , Town of Ithaca - - 15 Construction Cost - - $ 629 , 683000 Fees Collected - - $ 490000 20 Building Permits Issued , August 1985 , Town of Ulysses - - 15 Construction Cost - - $ 403 , 500600 Fees Collected - - $ 490000 3 . Building 5 Permits Issued , August 1985 , Village of Trumansburg - - Construction Cost - - $ 96 , 660000 Fees Collected - - $ 187 . 00 4 . Zoning Board of Appeals - - Fees Collected - - $ 50 . 00 5 . Water Permits issued - 30 ; Fees Collected - $ 4 , 365 . 00 Sewer Permits issued - 8 6 . Certificates of Compliance Issued - 13 Fees Collected - - $ 15 . 00 LDC / nf 9 / 4 / 85 ASSISTANT TOWN ENGINEER ' S MONTHLY REPORT AUGUST 13 , 1985 to SEPTEMBER 9 , 1985 Robert R . Flumerfelt , P . E . 1 . Burns Road a . Design adjustments and stakeout of horizontal control and grades for Phase II construction . b . Stakeout for connection of south end of Phase I construction to existing Burns Road . c . Construction progress : Phase I - all gravel sub - base placed , crushed stone base course 90o complete . Phase II earthwork approximately 50o complete , gravel sub -base and drainage fabric placement approximately 60o complete . 2 . Park Lane Extension a . Test holes dug to determine depths to rock . b . Investigation begun regarding conflict with existing gas main . Alternatives are relocation ( lowering ) of gas main versus carrying gas main on a beam in existing location with roadway to pass underneath . 30 " Hungerford Heights " ( yarn ) Subdivision a . Field measurements completed for " As Built " location of water services and sewer laterals . 40 1985 Water Improvements - Phase II a . Contract administration , construction inspection . RRF / nf. 9 / 9 / 85 REPORT OF THE TOWN PLANNER SEPTEMBER 9 , 1985 Subdivisions Richard Berggren - Compton Road , 8 - lot subdivision ( Preliminary Approval - adjourned to 9 / 17 ) Ivar Jonson - Honness Lane , 53 lot subdivision ( Sketch Plan reviewed 9 / 3 ) Orlando Iacovelli - Coddington Road 18 - lot subdivision ( Sketch Plat adjourned to 9 / 17 ) Barbara Schultz - Pennsylvania Ave 2 - lot subdivision ( Sketch Plat reviewed 9 / 3 ) Environmental Assessments " Family " Amendment ( SEAF prepared and reviewed ) " Duplex " Amendment ( SEAF prepared and reviewed ) Schultz Subdivision ( SEAF reviewed ) Jonson Subdivision ( SEAF reviewed ) R30 to R15 rezoning ( SEAF prepared and reviewed ) Citizen Assistance Herbert Monkemeyer - Questions on South Hill Rezoning John Vasse - Appraisal of Elmira Road Property Odyssey Research - Discussion with Ithaca College concerning purchase of industrially zoned land . Planning Projects Census , 1990 - Staff work with City and County staff Comprehensive Plan - Traffic counts compiled Zoning Ordinance Amendments Dishes Antennae - Discussed by Planning Board Trailer Parks - Discussed by Planning Board Family - revised ; to be considered by Town Board Duplexes - revised ; to be considered by Town Board Street Rights- of - Way - to be considered by the Town Board R30 to R15 Rezoning - map prepared ; amendment revised ; to be considered by Town Board Planning & Engineering Report 8 / 13 / 85 thru 9 / 9 / 85 Page 2 Sewer - Brief SJS Committee and subcommittee on contract progress and Treatment change orders , progress payments and requests for Contracts 1 , Plant 2 , 3 , 4 , 51 6 , 3A, 4A, 5A, 6A - Monitor compliance with MBE /WBE, Labor rates , CPM - Monitor completion of Cleveland-Pierce Inc . Contract 1 work - Completion of Route 13 crossing - Monitor changed site conditions -- Influent Sewer along First Street - Monitor progress of water quality study of Cayuga Lake - Monitor inspection adequacy , efficiency, and timeliness of Stearns 8 Wheler inspection and project management , parti : utarly : Influent Building -- Block and Brick Work and Transformer Secondary Digester -- Cover warranty meetings Primary Digester -- Painting Segment II -- Concrete Quality -- Temp . and psi Cascadilla Creek - Overflow construction Lake -- Cofferdam problems and documentation First Street Sewer -- Dewatering -- Unforeseen Conditions - Monitor steel placement , concrete placement , etc . ( form, steel , and concrete ) final clarifiers complete , aeration tanks complete , base slab primary tanks 1 / 2 complete , base slab entrance structure and center gallery complete, gallery roofs and flow channels and primary tank walls being formed (steel submittals slog) , primary trusses and bottom roof plate 9 / 10 painted , secondary trusses and bottom plates tack welded , Route 13 crossing complete, influent sewer to Franklin Street complete , Cascadilla Creek crossing complete , overflow pipe in place ( backfill and bank protection to be completed ) , block work and brick work second floor influent building 3 / 4 complete , stairways influent building complete , endwall at Cascadilla for plant bypass complete, Contract 2 work resetting s heetpiling complete , Contract 1 land portion virtually complete, Contract 2 pipe assembly partially complete (400 feet ) , Contract 2 excavation for final pipe grade continuing - Tour and project Audit with NYSDEC officials - Tour with City BPW members - Project management for monitoring station contracts including bid invitations to interested contractors , public relations with Cornell , addendum review - Review of Industrial Pre - treatment materials - Commission survey for secondary digester Other - Meet with concerned landowner concerning Eastwood Commons drainage - Review Eastwood Commons drainage with staff - Review curb proposals for Judd Falls Road - Purchase and receipt of gabion materials - Budgeting 1986 - Citizen inquiries on traffic improvements -- school bus stop sign -- Stone Quarry Road four-way stop -- Judd Falls Road and Tower Road truck signs -- Forest Home LPF/ nmf 9 /9 / 85 ' t Town Board 4 September 9 , 1985 project will not be drawing doctors from out of the State . He stated that the project will only help the doctors and will not draw employement or jobs from out of the State , which was the idea of IDA bonding . He added that it would seem to him that this might not be a permitted use of the bonds . Supervisor Desch remarked that when County Planner Frank Liguori called him regarding Board endorsement for the doctors proposed project , he informed him that he was against the 50 % tax abatement . Mr . Stein again stated that floating low interest rate bonds for this type of activity was questionable under the original intent of the law. A new law now states haw much can be floated , you can ' t • get more if the allotment is used up . This is something to consider before approving the request of the doctors for the new medical office building . Councilman Cramer asked County Representative Livesay if there was a time life cycle for the Landstrcm landfill ? County Representative Livesay responded that there was a problem. Landstram does not have a license , it ' s up in the air . Stewart Stein added , very few landfills have licenses . If Landstrom gets a license they will have roan for four decades of refuse , if they don ' t get a license we have problems . Councilman McPeak asked if there was a contingency plan? Mr . Stein responded , we will have to send our refuse to Seneca County . Supervisor Desch asked what progress was being made on the Pine Tree Road intersection ? Mr . Stein responded that a study is being conducted . The County was being asked to paint a stop line by the new stop sign on Mitchell Street . Supervisor Desch asked if there had been any discussion regarding the placing of a third stop sign on Ellis Hollow Road? Mr . Stein responded that it was being discussed and that he would report back to Beverly Livesay , I1VENTORY OF HIGHWAY MACH=Y , TOOLS AND EQUIPMENT RESOLUTION NO . 163 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby accept the Inventory of Highway Machinery , Tools and Equipment , dated September 9 , 1985 , as presented by the Highway Superintendent . • (Copy attached to the minutes ) . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . BUDGET AMENDMENTS RESOLUTION N0 , 164 Motion by Councilman Cramer; seconded by Councilman Mcpeak , Town Board 5 September 9 , 1985 RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following Budget amendments : 1 . Appropriate $ 200 . 00 General Fund Townwide Fund Balance and transfer to expenditure A1110 . 405 Justices - Lawbocks , Shared Supplies for legal supply expenses for remainder of 1985 . 2 . Appropriate $ 500 . 00 General Fund Townwide Fund Balance and transfer to expenditure A1110 . 404 Justices - Seminars for New York State Magistrates and Court Clerks Conference costs . 3 . Transfer $300 . 00 from B1990 . 400 General Fund Part-town Contingency to B8020 . 400 Planning - Contractual for Land Use • Conference expenses , and telephone and other expenses for remainder of 1985 . 4 . Amend Capital Projects Fund as follows to reflect authorization of State and Federal grant for Burns Road Reconstruction : Increase Burns Road Estimated Revenues $ 125 , 000 as follows : H4591 Highway Capital Projects (Federal share ) $ 87 , 500 H3591 Highway Capital Projects ( State share ) 24 , 000 H5031 Transfer from Federal Revenue Sharing - Burns Road 13 , 500 Total Estimated Revenues Burns Road $ 125 , 000 Increase Burns Road Appropriations $ 125 , 000 as follows , H5122 . 200 Burns Road Capital Outlay $ 1251r000 5 . Appropriate $30 , 000 Water Fund - Fund Balance and transfer to expenditure F9730 . 600 Bond Anticipation Note Principal for payment on principal of 1984 Water Improvement Capital Project BANS . 6 . Appropriate $ 12 , 500 Sewer Fund - Fund Balance and transfer to expenditure G9730 . 600 Bond Anticipation Note Principal for payment on principal of 1984 Sewer Improvement Capital Project BANS . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . SEWAGE COLLECTION SYSTEM MDNITORING STATIONS BAN ' S Supervisor Desch stated the BAN ' s for this particular segment of the Wastewater Treatment project are for the monitoring stations which will measure the Town ' s share of the flow . RESOLUTION N0 . 165 • Motion by Councilwoman Howell ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor to execute Bond Anticipation Notes , not to exceed $195 , 000 , for the Town ' s share of the Sewage Collection System Monitoring Stations . Councilman Cramer asked how many monitoring stations there would be . Town Board 6 September 9 , 1985 Town Engineer Fabbroni responded , twelve . Councilman Kugler questioned the method of metering . Town Engineer Fabbroni responded that there was not much choice in equipment as modern technology has not kept up with the field of monitoring . Ultrasonic metering is the preferred method . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . WATER SERVICE FOR 1438 SLATERVILLE ROAD • Town Engineer Larry Fabbroni stated that the extension of water service to the house now being built at 1438 Slaterville Road will likely cost $ 1 , 500 as we ran into a five foot boulder at Burns Road . On another service , we are now making the crossing at the point of the initial extension . He again stated that the extensions that were left , after the original line was laid , are costly . Mr . Fabbroni noted that if the Highway Department had not done the work on the Hickory Place water extension , the bill would have been $ 6 , 000 . RESOLUTION N0 , 166 Motion by Councilman Cramer; seconded by Councilman Kugler , WHEREAS , the Town Board of the Town of Ithaca has a policy of extending water services from the main to the property line for properties charged full water benefit , and WHEREAS , the owner of a lot at 1438 Slaterville Road has obtained a building permit and requested water services , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca , that the Town Engineer be directed to extend water service across Slaterville Road to the property line of the lot at 1438 Slaterville Road . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . HUMAN SERVICES ODALITION RESOLUTION N0 , 167 Motion by Councilwoman Howell ; seconded by Councilman McPeak , WHEREAS , a vacancy exists because of the resignation of the Town of Ithaca representative on the Human Services Coalition , and WHEREAS , Sylvia J . Weinstein , 608 Cayuga Heights Road has expressed • a desire to fill this vacancy, and WHEREAS , Ms . Weinstein has the expertise and knowledge of the community necessary to fill this position , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Sylvia J . Weinstein to fill the vacancy as the Town of Ithaca representative on the Human Services Coalition . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . Town Board 7 September 9 , 1985 WATER ACCOUNT REFUND RESOLUTION N0 . 168 Motion by Supervisor Desch ; seconded by Councilman Cramer , WHEREAS , on June 10 , 1985 , Mrs . Reiner F . Reber , 1120 East Shore Drive paid her June 1 , 1985 water bill , and WHEREAS , on July 27 , 1985 , at the titre the special reading bill was paid , Mrs . Reber again paid her June water bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of • Ithaca hereby authorizes a refund of $ 18 . 58 for water and $ 1 . 86 for water surcharge , total amount of $20 . 44 be refunded to Mrs . Reiner F . Reber , 1120 East Shore Drive , Ithaca , New York , Account Number 175-0168785 . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . RESOLUTION N0 , 169 Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , Town of Ithaca employees placed a stake on the property of Ronald Ronsvalle to designate the location of a lateral for sewer extension , and WHEREAS , the stub off the sewer main was not located in the ground on the spot that Lozier Architects/Engineers had placed the main on the drawings , and WHEREAS , it was necessary for the contractor to dig up the main and install a new wye , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby agrees to split of the cost of $ 100 . 00 ( fifty - fifty) incurred by Ronald Ronsvalle , 628 Coddington Road , contingent upon Mr . Ronsvalle paying the bill in full . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . NEW YORK STATE MAGISTRATES AND COURT CLERKS CONFERENCE RESOLUTION NO . 170 Motion by Councilwcman Howell ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize , at Town expense , the attendance of Justice Warren Blye , Justice Merton Wallenbeck and Court Clerk Lury Wallenbeck at the • New York State Magistrates and Court Clerks Ccnference to be held October 6 , 7 , 8 and 9 , 1985 , at Nevelle Country Club , Ellenville , New York . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . LAND USE CONFERENCE RESOLUTION N0 . 171 Town Board 8 September 9 , 1985 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Town Planner , Peter Lovi to attend , at Town expense , the New York Land Institute Conference to be held in Albany , New York , October 2 and 3 , 1985 . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . NEW YORK STATE ASSOCIATION OF TOWN HIGHWAY SUPERINTENDENTS • RESOLUTION NO , 172 Motion by Councilman McPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Town Highway Superintendent Robert Parkin to attend , at Town expense , the 56th Annual Conference of New York State Association of Town Highway Superintendents , September 17 , 18 , 19 and 20 , 1985 , in Syracuse , New York . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . APPROVAL OF TOWN BOARD MIN[FI'ES RESOLUTION NO , 173 Motion by Councilman Kugler ; seconded% by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the July 8 , 1985 and August 12 , 1985 Town Board Minutes as presented by the Town Clerk . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . FEDERAL REVENUE SHARING The Federal Revenue Sharing Office recommends that municipalities allocate only 75 % of the new entitlement based on current legislative proposals before Congress . Although we are proposing to budget for these amounts , comitments will not be made until the funds are actually in hand . This should be no problem with most of the items proposed , with the possible exception of the highway building heating system , in which case a transfer can be made from one of the reallocations of previous entitlements if the Board so chooses . Supervisor Desch presented to the Board , the following proposed • allocations for the 1986 Federal Revenue Sharing Entitlement , Add One Voting Machine ( $3 , 000 ) We are running tight on the number of voting machines available now that we have two new districts . It , therefore , would be wise to have another machine available in case there are problems with one of the older units or if our needs continue to expand . Replace Highway Building Heating Systems ( $ 15 , 000 ) From previous reports , the Town Engineer has warned us that the existing converted unit heater system is in poor condition . Town Board 9 September 9 , 1985 Studies are now completed and a fire and alarm system and a gas-fired , vacuum-exhausted radiant heating system is proposed . This system will be more efficient and heat the objects and surfaces rather than space . Drainage Improvements ( $ 15 , 000 ) Continuation of the program started two years ago is probably the most effective allocation of FRS funds we can make . The funds are being effectively used on East Hill and at Flat Rock and there are similar needs on South Hill and currently , to a lesser extent , on West Hill . The Town staff is developing a master plan of such drainage improvements to attend to needs on a prioritized basis . • Design West Shore Water/Sewer ; East Shore Sewer ( $ 15 , 000 ) The design funds are a start on the next phase of the Town water and sewer extension program. It is our hope that the field work and design development can be completed over the winter of 185 / 186 so that the project can be bid in the Spring of 1986 . The FRS funds will pay for the in-house effort on this project and thereby , keep the capital borrowing lower . Depending cn the overall capital costs , further water line improvements on South Hill would be accomplished . Forest Home Drive/Judd Falls Road Improvements ( $ 20 , 000 ) Now that we have clear direction on the course of action with regard to the reopening of Forest Hone Drive , we need to fund our share of the commitment . This involves two parts : ( 1 ) the remainder of the retaining wall on the curve upstream from Beebe Lake ( $10 , 000 ) ; ( 2 ) materials for the restoration of the roadway (Town ' s share ) . Approximately $ 10 , 000 will be used to purchase granite curbing for Judd Falls Road to replace the concrete curbing now in a very deteriorated condition . Records Restoration ( $ 2 , 000 ) The Town Historian is moving along effectively with the restoration of the oldest of our Town records . A continuation of the program at the same level is recamiended . Inlet Valley Park II ( $15 , 000 ) We expect the property acquisition by the City to occur sufficiently early in 1986 to enable the Town to pursue both years of work outlined in the approved Parks Plan but which had been earlier scheduled to start in 1985 . Town Hall Heating , Ventilation , Air Conditioning ( $ 10 , 000 ) As we know , many of the existing unit ventilators in the Board Room and in Engineering are either inoperative or too noisy to operate . The plan would be to replace these systems with a new system . Cost estimates at this time are not firm , so that an additional allocation of $ 5 , 000 - $10 , 000 may be necessary . We will bring the detailed design to the Board before the work proceeds . Computer Stations ( $10 , 000 ) The utilization of the IMB PC has exceeded our expectations . There is a critical need for additional oomputer time in the Engineering • Department and the Court operation . The allocation should be sufficient to meet these critical needs . However , a small additional allocation may be necessary to network the overall system which could be deferred until the following year if necessary . Reallocations The reallocations shown indicate the need to continue the commitment of funds for the project listed . Other outstanding FRS allocations will have been utilized , for the most part , by year end . Town Board 10 September 9 , 1985 Water System Contingency $ 25 , 000 Planning Fire Station 10 , 000 Tank Painting 12 , 000 Inlet Valley Park 18 , 000 Forest Home Drive Wall 51000 Highway Machinery ( if not used in 1985 ) 10 , 000 Total Reallocations $ 80 , 000 Total New Projects (described above ) $ 105 , 000 Total Proposed 1986 Federal Revenue Sharing Funds $ 185 , 000 • Supervisor Desch went on to say that the Board needs to set the time and date for the public hearing so that the date and time and use of the revenue sharing funds can be put in the legal notice . Councilwoman Raffensperger questioned , if the uses of the revenue sharing money were published , then it could not be changed . Supervisor Desch responded that the use must be published so that Town residents will know what the Town proposes to use the money for and then can come to the public hearing to voice their opposition or approval . The Supervisor noted that $ 32 , 000 was allocated for tank painting , however , the water fund budget is in better shape so that we can reallocate $ 20 , 000 . Councilwoman Raffensperger asked if there were any funds for Town Hall improvements if the new ventulating and heating systems do not help the noise problem . She went on to say that the Tawas may need to invest in a microphone system and new table arrangements . Supervisor Desch responded that he thought that 70 % of the noise problem would be removed by installing the new system . Councilman McPeak questioned improvements to make the building handicapped accessable for the Town Court . Supervisor Desch responded that a small amount of money would be needed to make a few changes . Councilman McPeak questioned , are you considering installing an elevator? Supervisor Desch responded no . If we need to put $50 , 000 into an elevator we should move fran this building . FEDERAL REVENUE SHARING PUBLIC HEARING RESOLUTION NO . 174 • Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a Public Hearing on the Proposed Use of 1986 Federal Revenue Sharing Funds at 7 : 30 P .M . , on November 7 , 1985 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , and will at this time hear all persons in favor of or opposed to the proposed use of said Revenue Sharing Funds . Town Board 11 September 9 , 1985 (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . TOWN OF ITHACA PRELIMINARY BUDGET PUBLIC HEARING RESOLUTION NO , 175 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a Public Hearing on the 1986 Town of Ithaca Preliminary Budget at 7 : 45 P .M . , on November 7 , 1985 at the Town Hall , 126 East • Seneca Street , Ithaca , New York , and will at this time hear all persons in favor of or opposed to. said proposed 1986 Preliminary Budget . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . FIRE PROTECTION BUDGET PUBLIC HEARING Supervisor Desch stated that all indications point to a one year extension of the current fire contract . RESOLUTION N0 , 176 Motion by Supervisor Desch ; , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a Public Hearing on the 1986 Fire Protection Budget at 8 : 00 P . M . , on November 7 , 1985 at the Town Hall , 126 East Seneca Street , Ithaca , New York , and will at this time hear all persons in favor of or opposed to said proposed 1986 Fire Protection Budget . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEAR]M ON SPECIAL DISTRICTS RENWICK HEIGHTS LIGHTING DISTRICT RESOLUTION NO , 177 Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 05 P .M. , on Novonber 7 , 1985 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the Renwick Heights Lighting District and to hear all persons in favor or opposed . • (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . EASTWOOD COMMONS LIGHTING DISTRICT RESOLUTION N09 178 Motion by Supervisor Desch , seconded by Councilman McPeak , Town ' Board 12 September 9 , 1985 RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 06 P .M . , on November 7 , 1985 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the Eastwood Commons Lighting District and to hear all persons in favor of or opposed . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . CLOVER LANE LIGHTING DISTRICT RESOLUTION NO . 179 Motion by Supervisor Desch ; seconded by Councilwanan Howell , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 07 P .M. , on November 7 , 1985 , at the Town Hall, 126 East Seneca Street , Ithaca , New York , to consider the Clover Lane Lighting District and to hear all persons in favor of or opposed . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . GLENSIDE LIGHTING DISTRICT RESOLUTION N0 , 180 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 08 P .M. , on November 7 , 1985 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the Glenside Lighting District and to hear all persons in favor of or opposed . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . FOREST HOME LIGHTING DISTRICT RESOLUTION N0 , 181 Motion by Supervisor Desch ; seconded by Councilwoman Hawell , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 09 P . M. , on November 7 , 1985 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the Forest Hone Lighting District and to hear all persons in favor of or opposed . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . BOLTM POINT PRELIMINARY BUDGET HEARING RESOLUTION NO , 182 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing on the 1986 Southern Cayuga Lake f Town Board 13 September 9 , 1985 Intermunicipal Water Commission Preliminary Budget at 8 : 15 P .M . , on November 7 , 1985 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , and will at this time hear all persons in favor of or opposed to the proposed 1986 Preliminary Budget . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . APPROVE FINANCIAL REPORT Councilman Cramer questioned page 38 of the Financial Report . The Financial Report shows a payment of $ 80 , 082 . 25 this month , however , • the warrent shows a payment of $ 79 , 972 . 25 . Supervisor Desch stated that he did not know why the two numbers were different as this was a second quarter payment . However , the Financial Report should show zero this month and the $79 , 972 . 25 would show as a payment next month . RESOLUTION NO , 183 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the amended (as noted above ) Financial Report for the month of August . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . TOWN OF ITHACA VAIRRANTS RESOLUTION N0 , 184 Motion by Councilman Cramer , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated September 9 , 1985 , in the following amounts : Cameral Fund - Townwide . . . . . . . . . . . . . . . . . . . . . . . . . . $28 , 322 . 23 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . $11 , 653 . 48 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55 , 657 . 70 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $54 , 412 . 05 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 , 622 . 41 Lighting Districts Fund , , , , , , , , , , , , , , , , , , , , , , , , , , $ 384 . 76 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . . . $ 6 , 679 . 44 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $79 , 972 . 25 (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . . BOLTON POINT VQUU AZWS RESOLUTION NO , 185 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Bolton Point Warrants dated September 9 , 1985 , in the Operating Account are hereby approved , in the amount of $ 552 , 904 . 01 after review and upon the reccOmendation of the Town Board 14 September 9 , 1985 Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . ROUTE 96 Supervisor Desch stated that there was a conflict in the choices for the proposed Route 96 alternatives in the area of the hospital . The hospital would end up loosing part of their parking lot and PRI would potentially loose their laboratory . The Supervisor stated • that both the hospital and PRI do not wish to stand in the way of a new Route 96 . However , PRI requires that the State take the entire parcel if the new road comes close to the PRI buildings . The hospital and PRI have approached the State to say that they would not stand in the way and together they suggested a third alternative . The State is willing to look at another alternative , however , they need our endorsement by September 15 . He went on to say that assuming the State , hospital and PRI can get together , the proposed Spring 1986 design hearing can still be held as scheduled . The Town Engineer showed the Board a map of Route 96 , then made a presentation of the alternatives now being offered . He stated that the third alternative would start to climb up the hill 200 ' earlier and go through the PRI building , missing most of the hospital complex , except for the garages on the hospital property . He went on to say that it summary , this alternative reflects what the two parties feel is the best alternative . County Representative Beverly Livesay asked if the proposed road would be a two lane or four lane road? Town Engineer Fabbroni responded , that ' s part of the overall debate . Two lanes , three lanes , divided highway or four lanes . Supervisor Desch read a letter dated September 3 , 1985 , addressed to Richard Simberg , Regional Director , NYSDOT from William A. Oliver , Jr . , President of the Paleontological Research Institution . "This letter is a follow-up to recent discussions between your Mr . Ketchum and other engineering staff and Raymond Van Houtte and Henry Thiesen of the P . R . I . Board of Trustees . I wish to relate to you the sense of our Board as expressed at its annual meeting last May . Although not embodied in a formal resolution , it was clearly the sense of the Board that a complete demolition of our headquarters and laboratory , because of the re-alignment of New York State 96 , could be more acceptable than the present plans to physically take only our laboratory . This is because a complete relocation of our Institution would seem preferable to having a state highway virtually outside our window. • The primary considerations for the Board ' s acquiescence in such a complete taking would be : ( 1 ) That a suitable alternative location for the Institution can be found , in the Tompkins County area . ( 2 ) That the compensation paid to the Institution for its property be sufficient to virtually cover the cost of a new facility and of the movement of our fossil collection , which as you know requires great C` Town Board 15 September 9 , 1985 delicateness , and ( 3 ) That sufficient time be available to the Institution to purchase or construct a new facility . The virtual "no cost" factor is important mainly because the Institution does not have any substantial endowment for such a major undertaking . Of course , the Institution ' s self-interest does not favor any new highway , but we realize the importance to the greater Ithaca community of improvements to Route 96 , for safe and unobstructed access to its hospital . " • Supervisor Desch stated that he was sorry or such ry a short notice , but that he would need Board action tonight in order to meet the September 15 deadline . Councilwoman Raffensperger remarked that PRI had made a re-evaluation of their position . Any endorsement of the third alternate by the Board must leave PRI financially sound . Supervisor Desch responded that he did not feel this was an appropriate concern of the Town . Town Attorney Barney noted that the State could condemn the property, if necessary , and pay what they want for it . It was agreed that the Town resolution would reference the PRI letter , recognizing the importance of the "no cost " factor to PRI . RESOLUTION N0 , 186 Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , the Town of Ithaca in March 1977 endorsed the R 11 modified alternative for the location of Route 96 through the properties in the Town of Ithaca including the lands of the Tompkins Community Hospital , and WHEREAS , the Tompkins Commmity Hospital and the Paleontological Research Institution have jointly considered the problems which the two current State DOT alternatives would create for their property , and WHEREAS , the Ttapkins Community Hospital and the Paleontological Research Institution have asked the Town of Ithaca to consider the endorsement of an alignment of the new highway southerly of the nurses quarters through a major portion of the Paleontological Research Institution property as a third alternative , and ( see letter Oliver to Simberg dated September 3 , 1985 ) , WHEREAS , the third alternative would potentially offer a solution to the concerns previously expressed by the Tompkins Community Hospital and the Paleontological Research Institution , and WHEREAS , the Town of Ithaca does hereby endorse the third alternative for the Route 96 connection , adjacent to and south of the nurses quarters in addition to its previous endorsement , providing that the consideration of this alternative does not delay the Spring 1986 design hearing on the overall project , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca hereby requests the New York State Department of Transportation to consider the above described proposal for the third alternative . ��S Town Board 16 September 9 , 1985 (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . PUBLIC HEARING TO CONSIDER THE A IMiT OF LOCAL LAW # 4 - 1984 , SO AS TO CLARIFY CERTAIN RIGHTS OF THE OWNERS OF PROPERTY LOCATED AT 108 THROUGH 230 SAPSUCKER WOODS ROAD , 'TOWN OF ITHACA, Proof of posting and publication notice of a Public Hearing to consider the adoption of a local law amending Local Law # 4 - 1984 , so as to clarify certain rights of the owners of property located at 108 through 230 Sapsucker Woods Road , Town of Ithaca , having been presented by the Town Clerk , the Supervisor opened the public • hearing . County Representative Beverly Livesay noted that the proposed local law would permit an owner to be away for a year . Why not ask for a variance if the property is not rented to a family . Supervisor Desch responded , because of the size of the project . The local law will put conditions on the rental aspect . David G . Allen , 254 Sapsucker Wood Road asked why the Board was considering 24 months instead of 13 months? Supervisor Desch responded, the committee decided 24 months was not an unreasonable amount of time for converting the buildings and getting them ready for selling . Mr . Allen asked who determines when the buildings have been completed? Supervisor Desch responded , the Tawas Building Inspector . Mr . Allen asked if any of the buildings were ready to be sold? Rocco Lucente responded that three have already been sold . Mr . Allen responded , then why do you need 13 months ? Mr . Lucente responded , these three gook zero months . Mr . Allen again stated that he did not see why the time could not be for 13 months . He went on to say that he would prefer to see them back in an R-15 zone . Supervisor Desch noted that if the property were put back into an R-15 zone then seven unrelated persons would be allowed to occupy each single family unit . Town Attorney Barney remarked that the purpose of the law was to bring the area back to its original intent . Mr . Allen again stated his opposition to the 24 months . • As no one else present wished to speak , the Supervisor closed the public hearing . Councilman Cramer noted that the developer (Mr . Lucente ) , had reported that three units have been converted . He then questioned if the list of violations , previously given to the Board , had been corrected and the Certificates of Occupancy issued? Town Planner Lovi remarked that there was an occupancy of one of the buildings , prior to the issuance of the Certificate of Occupancy , which was in violation . Town Board 17 September 9 , 1985 Town Engineer Fabbroni stated that he did not know if the Certificates of Occupancy had been issued and suggested the Buildings Inspector be contacted . However , he thought they were pending , contingent upon the passage of this local law . LOCAL LAW NO . 6 - 1985 Motion by Councilwoman Howell , seconded by Councilman McPeak , LOCAL LAW NO . 6 - 1985 • A LOCAL LAW TO AMEND LOCAL LAW # 4 - 1984 , SO AS TO CLARIFY CERTAIN RIGHTS OF THE OWNERS OF PROPERTY LOCATED AT 108 THROUGH 230 SAPSUCKER WOODS ROAD , TOWN OF ITHACA RESOLVED : That the Town Board of the Town of Ithaca enact and hereby does enact this Local Law to amend the Zoning Ordinance of the Town of Ithaca and to amend Local Law # 4 adopted in the year 1984 so as to clarify certain rights of the owners of property located at 108 through 230 Sapsucker Woods Road , Town of Ithaca , Tax Parcels Nos . 6-70-10-3 . 12 through 6 -70-10-3 . 25 now or formerly owned by Rocco Lucente , more particularly described in Local Law # 4 , such amenctnents to be as follows : 1 . Section 7 of Local Law # 4 of the year 1984 as adopted by the Town Board of the Town of Ithaca is hereby amended to read as follows : "At least one dwelling unit in each of the structures , after any conversion as provided herein , shall , within twenty-four months of the issuance of a Certificate of Occupancy issued in connection with such conversion be owner-occupied . Such owner , however , must qualify as a household ( or family ) as defined herein . If , thereafter , a structure is not occupied by the owner then the structure may be occupied cn ly as permitted by the regulations of a Residential District R- 15 for a two-family dwelling as if this amendment to the Zoning Ordinance had not been adopted . Notwithstanding the foregoing , however , after the premises have been owner-occupied for at least four consecutive years , at the owner ' s option the premises may be leased and non-owner occupied for a period of up to twelve. months out of each consecutive periods of sixty months . " 2 . Paragraph 11 of Local Law # 4 of the year 1984 is aanended by designating the first sentence in said paragraph to commence with " ( a) " and adding a new subdivision " ( b) " to read as follows (b ) The words "owner-occupied " means occupancy by the • deed owner of record of the premises . In any action to enforce any violations of these provisions , any relief obtained against the record owner of the premises , such as injunction , damages , or declarations , shall be binding upon all persons having any interest in the property , beneficial or otherwise , or any persons having a lien on the property derived through the record owner . 3 . This law shall take effect immediately . e7. Town Board 18 September 9 , 1985 Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Nay Councilwoman Howell Voting Aye Councilman Kugler Voting Aye Councilman McPeak Voting Aye Councilwonan Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law # 6 - 1985 , was thereupon declared duly adopted . • ENVIRONMENTAL ASSESSMENT FORM ON DEFINITION OF A FAMILY Supervisor Desch noted that the definition of a family is proposed to be changed to read two or more related persons , not one or more , to make it absolute the number of persons permitted . The Board then reviewed the Environmental Assessment Form on the definition of a family . (Copy attached to minutes ) . RESOLUTION NO . 187 Motion by Councilman Bartholf ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca after review of the Environmental Assessment Form pertaining to the definition of a family , declares that the proposed action will not have a significant environmental impact , i . e . , a negative declaration , ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARW TO CONSIDER A LOCAL LAW TO AMEND THE ZONING ORDINANCE ON THE DEFINITION OF A FAMILY RESOLUTION NO . 188 Motion by Supervisor Desch , seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M. , on October 7 , 1985 at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider a local law to amend the Zoning Ordinance on the definition of a family and to hear all persons in favor of or opposed to said amendment . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . ENVIRONMENTAL ASSESSMENT FIRM ON THE REZONING OF CERTAIN PROPERTIES ON SOUTH HILL FRUA R-30 TO R-15 Town Engineer Fabbroni remarked that when Mrs . Lacy came in with her request for the rezoning of her property from R-30 to R-15 , we realized that a lot of other properties in that area had water and sewer and should also be rezoned , This is want prompted the rezoning . Supervisor Desch asked the Board if they had any questions pertaining to the Environmental Assessment Form ? (Copy attached to the minutes ) . 79 • ff PROJECT I. D. NUMBER II NEW YORK STATE DEPARTMENT OF ENVIRONMEkIlAI CONSERVATION DIVISION OF REGULATORY AFFAIRS ' State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) 1 . Applicant/sponsor 2 . Project Name Town of Ithaca " Family " Zoni.ng Amendment 3 . Project location: Municipality Town of Ithaca County Tompkins r5 . Describe proposed action: K1 New ❑ Expansion ❑ Modification/alteration project briefly: This action will amend the Zoning Ordinance by defining a " Family " as " two or more persons related by blood , marriage , or adoption " . 6 . Precise location (road intersections, prominent landmarks, etc. or provide map) This action will pertain to all zoning districts . 7 . Amount of land affected: TOWI1Wlde Initially acres Ultimately acres 8 . Will proposed action comply with existing zoning or other existing land use restrictions? ❑ Yes NJ No If No, describe briefly This action amends existing land Use restricti0 s and makes them more restrictive , - 9 . What is present land use in vicinity of project? ❑ Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other R Describe: This action will affect residentially zoned properties , 10 . Does action involve a permit(approval, or funding, now or ultimately, from any other governmental agency (Federal, state or local)? ❑ Yes No If Yes, list agency(s) and permigapprovals 1 . Does any aspect of the action have a currently valid permit or approval? ❑ Yes KI No If yes, list agency name and permitfapproval type 12 . As result of proposed action will existing permitlapproval require modification? ❑ Yes 6D No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Noel Desch TOWn Supervisor Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART 11 Environmental Assessment (l' o be completed by Agency) A. Does actiori exceed any Type I threshold in 6 NYCRR, Part 617.12? If yes, coordinate the review process and use the FULL/LONG FORM EAF. ❑ Yes ❑ No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.7? If No, a negative declaration may be superseded by another involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Historic, archeological, visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary, cumulative, or other effects not identified in C1 {6? Explain briefly. C7. A change in use of either quantity or type of energy? Explain briefly. ART 111 Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all . relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer's Name Preparer's Signature(ritle Date TOWN OF ITHACA ENVIRONMENTAL ASSESSMENT FORM PART II : Project Impacts and Their Magnitudes RE : " Family " Amendment A . Project does not exceed any Type I threshold in 6 NYCRR Part 617 . 12 of Town of Ithaca Local Law # 3 , 1980 . This is an unlisted action for which the Town Board is the Lead Agency . Be This action will not receive a coordinated review . Cl . This action is not expected to have an adverse environmental impact on existing air , surface or groundwater quality , noise levels , traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding . This conclusion is based upon the evidence that the existing definition of " Family " is less restrictive than the present amendment . As a result , the short - run cumulative densities permitted in residential areas of the Town , and the related environmental impacts , would be less than presently permitted . C2 . This amendment is not expected to have an adverse environmental impact or any historic , archeological , visual or aesthetic , or other natural or cultural resources or agricultural districts . This conclusion is based upon the fact that all subdivisions in the Town of Ithaca are re - viewed for their prospective environmental impact . Any adverse effect on the environment for these factors is considered and mitigated at that time . This zoning ordi - nance amendment will have no effect on the subdivision regulations or the level of environmental review . This amendment will have an effect on community or neighborhood character . The immediate effect will be to reduce the average number of unrelated persons permitted to live in a area of single family homes by 33 percent . Houses presently occupied by three unrelated persons , most often student rentals , could now only be occupied by two unrelated persons . This amendment will therefore reduce the supply of rental housing in the Town of Ithaca and will most likely increase the average rental per unit . Over the longer run , an increase in the rental price per dwelling unit will encourage new , median - priced residential construction to be two- family rather than single family . One - family houses will tend to be built at the low and high end of the price range . Practically speaking, this amend - ment will also result in a greater number of occupancy violations than exist at present ; this will increase the workload of the Building Inspector , the Zoning Board of Appeals , and the Secretary to the Board . This change in the definition of the family is a departure from present practice in that there are one family houses which are presently rented to three unrelated persons . These properties would become non - conforming uses following a change in the definition . This may also result in admini - strative and enforcement problems in establishing when such a use was begun and whether it has been maintained as a valid non - conforming use . There may also be increased complaints from neighbors and community groups requesting that non - complying properties be brought into compliance . C3 . There will be no adverse effect on vegetation or fauna , movement of fish or wildlife species , significant habitats , or threatened or endangered species . This conclusion is based upon the fact that individual subdivision developments will be evaluated for their environmental impact separately and that any adverse impacts will be noted and mitigated at that time . C4 . There is no incompatibility between this amendment and the officially adopted policy of the Town of Ithaca as expressed in its Zoning Ordinance . Sponsors of this amendment have stated that this amendment clarifies the intent of the existing Ordinance . C5 . It is unlikely that any significant growth , subsequent development , or related activities are likely to be induced by the proposed amendment . The reason for this conclusion is that this amendment reduces rather than increases the number of unrelated persons who may be permitted to live in a one - family dwelling . As noted above , what is likely is that over the long run there will be an increasing use of accessory apartments both in existing buildings and in new construction . In general , aggregate growth and development is determined by regional economics ; what this amendment will influence is the way in which aggregate growth is distributed throughout the community . C6 . There are no secondary , cumulative effects not identified in C1 - 05 above . _- T TOWN OF ITHACA ENVIRONMENTAL ASSESSMENT FORM PART III : Determination of Significance RE : Residential Occupancy Amendment REVIEWER ' S RECOMMENDATION : This project is an Unlisted action according to Local Law # 3 , 1980 . The action will have some effects on the economics. of the local rental market . There may be some shift from one - family to two - family dwellings for income purposes . The impact on the physical environment would be negligable . The impact on residen - tal communities is difficult to gauge . Assuming that any impacts will be gradual and cumulative and given the alternative of working with the existing ordinance , I recommend that a negative declaration of environmental significance be made . Reviewer ' s Name : P Lovi , own Planner Signatures . Date : 9 j Lead Agency Chairman : Noel Desch , Town Board Signature : Date : Town Board 19 September 9 , 1985 RESOLUTION NO . 189 Motion by Councilman Kugler , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca after review of the Environmental Assessment Form pertaining to the rezoning of certain properties on South Hill from R-30 to R-15 , declares that the proposed action will not have a significant environmental impact , i . e . , is a negative declaration . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . • PUBLIC HEARING TO CONSIDER A LOCAL LAW TO REZONE CERTAIN PARCELS ON SOUTH HILL FROM RESIDENCE DISTRICT R-30 TO RESIDENCE DISTRICT R-15 Proof of posting and publication notice of a Public Hearing to consider the adoption of a local law to rezone certain parcels on South Hill from Residence District R-30 to Residence District R-15 having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak for or against the proposed local law , the Supervisor closed the public hearing . Councilman Cramer noted that Parcel No . 43-2-8 was included in the original list of parcels to be rezoned , however , it had now been omitted . Town Planner Lovi responded that the parcel was omitted as it had already been rezoned multi-family . LOCAL LAW NO . 7 - 1985 Motion by Supervisor Desch ; seconded by Councilman Kugler , LOCAL LAW NO . 7 - 1985 A LOCAL LAW TO REZONE CERTAM PARCELS ON SOUTH HILL FROM R30 TO R15 WHEREAS : 1 . The comprehensive planning policy of the Town of Ithaca has been to provide for the subdivision of land that is zoned residential at a density consistent with the availability of public utilities . 2 . The Town has extended water and sewer utilities to serve the parcels in Schedule A in accordance with its master plan . 3 . Similarly situated parcels throughout the Town are presently zoned Residential District R15 , - NOW THEREFORE BE IT RESOLVED : 1 . That the Town Board of the Town of Ithaca rezone and hereby does rezone to Residence District R15 those portions of the parcels listed in Schedule A which are presently zoned Residence District R30 . If any of these parcels shall contain a portion of land zoned other than Residence District R30 , that portion shall be unaffected by this action and shall Town Board 20 September 9 , 1985 remain in the existing zoning district . 2 . This law shall take effect immediately . SCHEME A PROPERTIES TO BE REZONED FROM R30 TO R15 50-1-1 . 1 Darryl & Diane Wolford 502 Coddington Road Ithaca, New York 14850 • 50-1-2 Roberta Wallet 520 Coddington Road Ithaca, New York 14850 50-1 -3 Clarence La Rocque 522 Coddington Road Ithaca, New York 14850 50 -1-4 . 1 John & Beatrice Bright 104 Troy Road Ithaca, New York 14850 50-1-4 . 4 Robert & Ann Schultheiz 106 Troy Road Ithaca, New York 14850 50-1 -4 . 32 Phiroze & Sarah Mehta 102 Troy Road Ithaca, New York 14850 50-1-5 . 2 Louis & Lucile Macera 115 Rich Road Ithaca, New York 14850 50-1 -5 . 3 Howard & Anna Merson 123 Rich Road Ithaca, New York 14850 50-1 -5 . 4 John Augustine , Jr . 109 Rich Road Ithaca, New York 14850 50 -1-5 . 5 Ronald & Kathryn Prouty 512 Coddington Road Ithaca , New York 14850 50-1 -5 . 6 Town of Ithaca 126 East Seneca Street Ithaca, New York 14850 . 50-1-5 . 81 N . Revill & N . Bassuk 118 Rich Road Ithaca, New York 14850 50-1 -5 . 82 Ithaca College Danby Road Ithaca , New York 14850 50-1-5 . 83 Ithaca College Danby Road Ithaca , New York 14850 Town Board 21 September 9 , 1985 50 -14 . 1 Sally Sincock 122 Rich Road Ithaca , New York 14850 50-14 . 2 N . Revill & N . Bassuk 118 Rich Road Ithaca, New York 14850 50-14 . 3 Ithaca College Danby Road Ithaca , New York 14850 50-14 . 4 Ithaca College Darby Road Ithaca , New York 14850 50-1 -7 Reginald Collins 126 Rich Road Ithaca, New York 14850 50-1 -8 Cheryl Larkin 111 Rich Road Ithaca, New York 14850 44-1-5 . 2 F . W. Hornbrook 142 Troy Road Ithaca, New York 14850 36-1-4 . 1 Robert & Patricia Parkin 1146 Danby Road Ithaca, New York 14850 36-1 -4 . 3 Laurent & Kaethe Bessou B . P . 6014 FAAA , Tahiti French Polynesia 36-1-5 Irene Stout 1156 .Darby Road Ithaca, New York 14850 43-2-3 Edward & Eudora Barnett 107 King Road East Ithaca, New York 14850 43-2-4 Robert & Lidya Pedecs 111 King Road East Ithaca, New York 14850 43-2 -5 Fred C . Stoltz 113 King Road East Ithaca, New York 14850 43-24 Edward Whitlock 115 King Road East • Ithaca, New York 14850 43-2-7 Ruth Tyszka 8417 Chapin Parkway Jamaica, New York 11432 43-2-10 Anthony Leonardo 1132 Danby Road Ithaca, New York 14850 43-2-11 Richard & Deborah Hill � 9 , Town Board 22 September 9 , 1985 1123 Danby Road Ithaca , New York 14850 43-2-12 Richard & Ethel Wurzel 1119 Danby Road Ithaca , New York 14850 43-2-13 James G . Bennett 1115 Danby Read Ithaca, New York 14850 43-2-14 Sam & Ruth Peter 1109 Danby Road Ithaca , New York 14850 49-1 -1 Mary Carey 610 Coddington Raid Ithaca, New York 14850 49-1 -2 . 2 Donald & Helen Gregg 612 Coddington Road Ithaca, New York 14850 49-1 -3 Peter & Barbara Romano 614 Coddington Road Ithaca , New York 14850 49-1 -4 Peter & Elizabeth Hedrick 616 Coddington Read Ithaca, New York 14850 49-1-5 Kenneth Heath 618 Coddington Road Ithaca, New York 14850 49-14 Michael & Lisa Allen 620 Coddington Road Ithaca , New York 14850 49-1-7 Leon & Alice Robinson 624 Coddington Road Ithaca, New York 14850 49-14 Ronald & Kathryn Ronsvalle 628 Coddington Road Ithaca, New York 14850 49-1-27 John & Elsie Rawlins 127 Troy Road Ithaca, New York 14850 49-1-28 John & Doris Perialas Troy Road Ithaca. , New York 14850 49-1 -29 Peter & David Rothbart 115 Tray Road Ithaca, New York 14850 Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilman Kugler Voting Aye 0L Town Board 23 September 9 , 1985 Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law # 7 - 1985 , was thereupon declared duly adopted . REVIEW ENVIRON EQUAL ASSESSMENT FORM ON DUPLEXES The Town Board reviewed the Environmental Assessment Form on duplexes . (Copy attached to the minutes ) . Supervisor Desch stated that the Board needs to decide two items : • one the maximum size of the second unit when it is located in the basement and two , the problem of lots being "X" percent larger to acccgmodate duplexes . The Supervisor stated that 75 % seemed to be a feasible figure , however , we need to settle what the percentage will be . Councilman Cramer added that if the Canmittee felt 75 % was okay , it was alright with him . On athe matter of the lot size , Supervisor Desch questioned the need of making all areas 50 % more for duplexes . Councilwoman Raffensperger stated that if the percentage remains the same for all zones the R-9 would go to 18 , 000 square feet and R-15 would go to 18 , 000 also , she went on to say that she felt an R-15 zone needed more than 1 , 800 square feet . Town Engineer Fabbroni remarked that he thought the number was a decision the Board should make . Whatever percentage the Board decides is alright , however , it seams bad to tie it into frontage . The more frontage to every piece of property the more maintenance for the Town on units . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE PERTAINING TO THE DEFINITICN OF STREET RIGHTS-0F=,m 1Y Proof of posting and publication notice of a Public Hearing to consider the adoption of a local law amending the Zoning Ordinance pertaining to the definition of Street Rights-of Way having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one in attendance wished to speak for or against the proposed local law, the Supervisor closed the public hearing . RESOLUTION NO . 190 Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby tables the consideration of a local law amending the Zoning Ordinance pertaining to the definition of Street Rights-of Ways . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . ENVIRONMENTAL ASSESSMENT FORM ON DUPLEXES Discussion was then continued on the Environmental Assessment Form on Duplexes . • 1r / li NEW YORK STATE DEPAFThfENT OF ENVIRONMENTAL CONSERVATION PROJECT I. D. NUMBER X �~. DIVISION OF REGULATORY AFFAIRS ' State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Project Information (To be completed by Applicant or Project sponsor) 1 . Applicant/sponsor 2 . Project Name Town of Ithaca 11985 R30 to R15 Rezoning 3 . Project location: See map and AppenTlx Municipality Town of Ithaca county Tompkins 4 . Is proposed action: ® New ❑ Expansion ❑ Mod ificationlaIteration J5 . Describe project briefly: is action is e rezoning o parcels on South Hill. from Residence District R30 to R15 . This action is being taken to bring zoning of these lands in line with similarly situated properties in the Town . This action is considered Unlisted according to Local Law ri3 ,• 198 (Town SEQR law ) . 6 . Precise location (road intersections, prominent landmarks, etc. or provide map) See the attached map and Appendix A for a complete description of the parcels to be rezoned and the adjacent property owners . to be notified of the zone change . 7 . Amount of land affected: Initially 280 + L acres Ultimately acres B . Will proposed action comply with existing zoning or other existing land use restrictions? f"J Yes ❑ No If No, describe briefly 9 . What is present land use in vicinity of project? P9Residential ❑ Industrial 13 Commercial ❑ Agriculture ❑ Parkland/open space P1 Other Describe: Most of the individual ro erties are P p presently developed with one - and two - family houses . Most of the acreage in the action is presently open undeveloped land , 10 . Does action involve a permitiapproval, or funding, now or ultimately, from any other governmental agency (Federal, state or local)? ❑ Yes ® No If yes, list agency(s) and permiVapprovals 1 . Does any aspect of the action have a currently valid permit or approval? ❑ Yes ® No If yes, list agency name and permitjapproval type 12 . As result of proposed action will existing permitlapproval require modification? ❑ Yes ❑ No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Noel Desch , Town Supervisor Date: - August 30 , 1 85 Signature: It the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER • NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROTECT I.D. NUMBER • `—T' DIVISION OF REGULATORY AFFAIRS �. State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Project Information (To be completed by Applicant or Project sponsor) 1 . Applicant/sponsor 2 . Project Name Town of Ithaca " Duplex " Zoning Amendment 3 . Project location: Municipality Town of Ithaca County Tompkins 4 . Is proposed action: 13 New ❑ Expansion ❑ Modification/alteration 5 . Describeprojectbriefly: This action will amend the Zoning Ordinance by 1. ) "restricting the size of a second dwelling unit to no more than ? 5o of the size of t e first dwelling unit , and 2 ) permitting two - family homes of equal size on lots 207o to 100% greater than presently required . 6 . Precise location (road intersections, prominent landmarks, etc. or provide map) Townwide 7 . Amount of land affected: TOwnwide Initially acres Ultimately acres 8 . Will proposed action comply with existing zoning or other existing land use restrictions? ❑ Yes No If No, describe briefly This action amends the existing land use restrictions . - 9 . What is present land use in vicinity of project? ❑ Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: This action amends all residentially zoned properties . J10 volve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or local)? EA No If yes, list agency(s) and permitjapprovals 11 . Does any aspect of the action have a currently valid permit or approval? ❑ Yes IR No If yes, list agency name and permit/approval type 12 . As result of proposed action will existing permit/approval require modification? ❑ Yes L I' No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Noel Desch Town Supervisor Date: Signature: If the action Is In the Coastal Area, and YOU are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART If Environmental Assessment (Io be completed by Agency) A. Does action exceed any Type 1 threshold in 6 NYCRR, Part 617.12? If yes, coordinate the review process and use the FULLJLONG FORM EAF. ❑ Yes ❑ No B. Will action receive coordinated review as. provided for Unlisted Actions in 6 NYCRR, Part 617.7? If No, a negative declaration may be superseded by another involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Historic, archeological, visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary, cumulative, or other effects not identified in C1 -C6? Explain briefly, C7. A change in use of either quantity or type of energy? Explain briefly. RT III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i .e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all , relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer's Name Preparer's Signature(Title Date TOWN OF ITHACA ENVIRONMENTAL ASSESSMENT FORM PART II- e. - - - Project Impacts and Their Magnitudes RE : " Duplex " Amendment A . Project does not exceed any Type I threshold in 6 NYCRR Part 617 . 12 or Town of Ithaca Local Law # 3 , 1980 . This is an unlisted action for which the Town Board is the Lead Agency . B . This action will not receive a coordinated review . Cl . This action is not expected to have an adverse environmental impact on existing air , surface or groundwater quality , noise levels , traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding . This conclusion is based upon the following facts : 1 . The percentage of lot coverage allowed in each district of the Zoning Ordinance is the limiting factor on the size of any residence which could be constructed . Since there will be no change in the percentage of lot coverage permitted in each district , there should be no greater environmental impact than that already permit - ted under the Zoning Ordinance , 2 . The number of buildable lots in a subdivision would be reduced because of the extra frontage required to build a duplex . As a result , the overall intensity of development as measured in buildable lots would be reduced . The fewer the number of building lots per development , the less aggregate disruption to the environment associated with residential development . C2 . This amendment is not expected to have an adverse environmental impact or any historic , archeological , visual or aesthetic , or other natural or cultural resources or agricultural districts . This conclusion is based upon the fact that all subdivisions in the Town , of Ithaca are re - viewed for their prospective environmental impact . Any adverse effect on the environment for these factors is considered and mitigated at that time . This zoning ordi - nance amendment will have no effect on the subdivision regulations or the level of environmental review . However , this amendment would reduce the number of building lots in a given subdivision if duplexes were planned . This amendment is not expected to have a significant adverse effect on community or neighborhood character . This conclusion is based upon the following reasons : 1 . The number of dwelling units permitted on a lot or in a residential neighborhood will be unchanged . 2 . The percentage of lot coverage is unchanged and is actually the limiting factor on the size of the duplex which may be built . 3 . The number of building lots in a subdivision which includes duplexes would be less than in other residential neighborhoods . C3 . There will be no adverse effect on vegetation or fauna , movement of fish or wildlife species , significant habitats , or threatened or endangered species . This conclusion is based upon the fact that individual subdivision developments w ill be evaluated for their environmental impact separately and that any adverse impacts will be noted and mitigated at that time . C4 . There is no incompatibility between this amendment and the officially adopted policy of the Town of Ithaca . The Town Subdivision Regulation state that , " the policy of the Town is to consider land subdivision regulations as part of a comprehensive plan for the orderly , efficient , and economical development of the Town of Ithaca . ( emphasis mine ) This amendment will permit dwelling units of equal size to be built side by side . This change gives the individual homeowners , builders , and developers in the Town the ability to construct residential housing which will conform to the overall lot coverage requirements of the Zoning Ordinance while efficiently and economically adapting to changing construction costs and technologies as well as site limitations . C5 . There is not a significant amount of growth , subsequent development , or related activities likely to be induced by the proposed amendment . It is likely that there will be a shift to side -by - side rather than up - and - down two - family dwellings as a result of this amendment . However , the overall demand for a two - family rather than one - family homes is more directly influenced by the permitted number of unrelated persons per dwelling unit and not expected to change significantly as a result of this action . C6 . There is a secondary , cumulative effect not identified in C1 -05 above which is expected as a result of this action . This effect is an increase in the cost of building lots in subdivisions which are platted to accommodate duplexes as well as one - and conventional two - family homes . This conclusion is based upon the fact that the greater lot size requirement will result in fewer lots platted within any given development . The cost of utilities and other improve - ments will need to be amortized over fewer units . A cumula - tive effect may be that subdivision with duplexes may be higher priced than the average in the Town . C7 . To the extent that this regulation encourages developers to build more energy efficient dwelling units , this amendment could result in a modest decrease in the community ' s rate of growth in energy usage . TOWN OF ITHACA ENVIRONMENTAL ASSESSMENT FORM PART III : Determination of Significance RE : " Duplex " Amendment REVIEWER ' S RECOMMENDATION : This project is an Unlisted action according to Local Law # 3 , 1980 . The principal impact of this action may be to increase the average cost of a building lot in the Town of Ithaca , though by what amount and over what period of time it is difficult to determine . Assuming that this rate of increase is small , steady and evenly distributed , I recommend that a negative declaration of environmental significance be made . Reviewer ' s Name : Eer Lovi , ow lanner Signature : Date : -q1f54P3 ,G--5 Lead Agency Chairman : Noel Desch , Town Board Signature : Date : PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type 1 threshold in 6 NYCRR, Part 617.12? If yes, coordinate the review process and use the FULL/LONG FORM EAF. ❑ Yes No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.7? if No, a negative declaration may be superseded by another involved action. ❑ Yes 10 No C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) C1 . Existing air quality, surface or groundwater quality or quantity, noise )evels, existinY traff'c att ns, solid waste production or disposal. potential or eros�'on, drainage or flooding problems? Explain briefly: ermltte rest entla � development on Ills and would be at twice the permitted density . ' On the basis of present development standards and subdivision practice , the land to be rezoned could support the density permitted under the R15 regulations . C2. Historic, archeological, visual or aesthetic, or other natural or cultural resources; 'agricultural districts; or community or neighborhood character? Explain brief I, There are visual attributes of this area which will be considered when individual subdivisions are presented to the Planning Board . . The charact of the community is primarily residential ; this character would ' be unchan .. d by the rezoning . C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: According to our Comprehensive Planning studies , none of these items will be significantly adversely affected by the present action . C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. The existing comprehensive planning practice of the Town is to provide appropriate zoning consistent with the capacity of the land to support development . The properties to be rezoned have been provided with public water and sewer and are therefore now capable of being developed more den ely C5 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. Development throughout the Town is influenced by the regional economy in the aggregate and will be unaffected by this action . However , to the ext nt that this land is suitable for higher density development , it may attract C6. Secondary, cumulative, or other effects not identified in C1 {6? Explain briefly. some building which , Wbuld otherWiS have been built elsewhere in the Town of It-b aca . . C6 . Higher density .development may contribute to a need to develop existing cp7Yrtartgp,& ofpiffropenrtoes In thus area consistent with existing plans y type o energy? Exp ain briefly. None expected , PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwisve significant. Each effect should be assessed in connection with its (a) setting (i.e . urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude . If necessary, add attachments or reference supporting materials . Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: No adverse , substantial impacts have been determined as a result of this review . For this reason , I recommend a negative determination " of environmental significance . Agency Name Town Of Ithaca ,' � Peter Lovi Agency Preparees Name Preparer's Signaturefritle _ Date / ���/ Town Board 24 September 9 , 1985 Councilwoman Howell asked if the amendment to the Zoning Ordinance pertained to new construction or conversion? Supervisor Desch responded , new construction . Councilwoman Howell questioned the possibility of a person having a house with 10 roans and the person wants to divide the house into 5 and 5 roans . The house would not be changed physically , would this be allowed ? Supervisor Desch responded , you could change a one fan-Lily house into a two family house if the second dwelling unit did not exceed 50 % . He went on to say that suppose a house contained 1 , 500 square feet , the new unit would have to be one-half of 1 , 500 square feet less the basement . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND THE ZONING ORDINANCE ON DUPLEXES The Tawas Board then discussed the following local law to amend the Zoning Ordinance on duplexes : RESOLVED That the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the Town of Ithaca as follows : A . "Duplex" is defined as a two-family dwelling for which the second dwelling unit exceeds 75% of the floor area excluding the basement of the primary dwelling unit . Be Article III , Section 4 , Number ( R9 ) is amended as follows : 2 . A two family dwelling , provided that the second dwelling unit shall not exceed 50 % of the floor area excluding the basement of the primary dwelling unit . Where the second dwelling unit is constructed entirely within the basement area , it may exceed 50 % but shall not exceed 75% of the floor area of the primary dwelling unit . A new permitted use shall be added to this section as follows : Duplexes , provided that the lot to be built upon has at least twice the frontage and lot area and has no less depth than otherwise required by this Article . All side yard setbacks shall be twice that otherwise required by this Article . Duplexes shall be considered as two , one-family dwellings for the purpose of determining permitted occupancy . Co Article IV, Section 11 , Number 2 (R15 ) is amended as follows : 2 . A two family dwelling , provided that the second dwelling unit shall not exceed 50 % of the floor area excluding the basement of the primary dwelling unit . Where the second dwelling unit is constructed entirely within the basement area , it may exceed 50 % but shall not exceed 75% of the floor area of the primary dwelling unit . A new permitted use shall be added to this section as follows : Duplexes , provided that the lot to be built upon has at least 20% greater frontage or lot area and no less depth than otherwise required by this Article . All side yard setbacks shall be 50 % greater than otherwise required by this Article . Duplexes shall be considered as two , Town Board 25 September 9 , 1985 one-family dwellings for the purpose of determining permitted occupancy . D . Article V , Section 18 , Number 2 , ( R30 ) is amended as follows : 2 . A two family dwelling , provided that the second dwelling unit shall not exceed 50 % of the floor area excluding the basement of the primary dwelling unit . Where the second dwelling unit is constructed entirely within the basement area , it may exceed 50 % but shall not exceed 75 % of the floor area of the primary dwelling unit . A new permitted use shall be added to this section as follows : Duplexes , provided that the -lot to be built upon has at least 20 % more frontage or lot area and no less depth than otherwise required by this Article . In no case shall the permitted lot size be less than that required by the Tompkins County Health Department . All side yard setbacks shall be 50o greater than otherwise required by this Article . Duplexes shall be considered as two , one-family dwellings for the purpose of determining permitted occupancy . Councilwoman Raffensperger questioned what occupancy would be permitted in duplexes . Town Planner Peter Lovi responded , that is why you have restrictions on the size of the second unit . Mr . Lovi went on to say that a duplex was a type of a two family dwelling where the square footage may exceed 50 % of the first unit . Councilwoman Raffensperger remarked that the definition of occupancy could prove to be consequential . A duplex could contain four unrelated persons , one family plus two unrelated persons in each unit or one family plus one unrelated person in each unit or cne family plus three unrelated person in each unit . Town Planner Lovi responded that there would be no incentive to build a duplex if a builder was required to build on a larger lot and then not be allowed more persons than are allowed in a two family house . He stated that he felt a duplex should be regulated as two one-family houses . PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW #1 - 1982 , (PARK USE LAW) TO INCLUDE A FEE SCHEDULE , SECURITY DEPOSIT AND OTHER REQUIREMENTS Proof of posting and publication notice of a Public Hearing to consider amending Local Law # 1 - 1982 , (Park Use Law) to include a fee schedule , security deposit and other requirements having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak for or against the proposed amendment to Local Law # 1 - 1982 , the Supervisor closed the public hearing . Councilman Cramer stated that he had asked Susan Beeners to do a comparison of what other municipalities charge , as he felt the charge for 100+ was a little top heavy . He went on to say that he was told that the Town Parks were not big enough to handle these large crowds such as would attend a wedding . 91 Town Board 26 September 9 , 1985 Town Engineer Fabbroni remarked about the lack of full time park employees or a Director of Parks to clean up any debris left after a large gathering . Councilman Kugler remarked that if none of the parks are able to handle large crowds , then why not have a cut off point? Supervisor Desch responded that a large fee for the use of the parks was another way of cutting down on attendance . Town Planner Lovi remarked that large crowds would be considered a Type I Action under SEQR and , therefore , an Environmental Assessment Form would have to be completed before a permit could be • issued . Town Attorney Barney raised the possibility of a permit being I ssued for an attendance of 75 persons and 400 people show up . Town Engineer Fabbroni responded that honesty by the person seeking the permit was needed . Town Attorney Barney suggested that "anticipated attendance " should be added to the proposed local law . LOCAL LAW # 8 - 1985 A LOCAL LAW AMENDING LOCAL LAW # 1 - 1982 , MW OF ITHACA PARK USE LAW Motion by Councilman Cramer ; seconded by Councilman Kugler , SECTION V. of Local Law # 1 , adopted in the year 1982 , is hereby amended to read as follows : SECTION V. Fees , Security Deposits , Insurance , and Other Requirements . 1 ) Fees . Activities reasonably expected to directly or indirectly involve the following number of persons : 31 - 75 persons $ 20 . 00 76 - 100 persons $ 50 . 00 101 - 125 persons $ 100000 126 - 150 persons $ 200900 151 - 175 persons $ 300 . 00 176 - 200 persons $ 400 . 00 over 200 persons $ 1 , 000000 2 ) Security Deposit . • For groups over 100 persons , a security deposit is required which shall be equal to , or in addition to the fee amount . 3 ) Insurance , ( a) Groups under 100 - special event coverage for events beyond general Town coverage with Town named as co-insurer . (b) Groups over 100 persons - special event coverage as Town Board 27 September 9 , 1985 in ( a ) plus $ 1 , 000 , 000 excess liability . 4 . Other Requirements . In the case of events which are of more than two hours duration , the permit applicant shall furnish at his own cost and expense portable toilet facilities sufficient for the size of the user group , where toilet facilities are not already available . SECTION IV . of said Local Law is amended by adding a new subparagraph (6 ) to read as follows : SECTION IV . Permit Issuance . 6 ) Coddington Road Playfield . Arrangements for use of the Coddington Road Playfield are to be made through the Coddington Road Community Center . Town permit applications for use of this playfield shall be obtained from the Center , and the Center shall indicate by signature of its designated agent on the permit application if such use is an activity of the Center . Use of the playfield which is sponsored by the Center shall be exempt fran the fee and security deposit requirements described in Section V. This law shall take effect immediately . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilman Kugler Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law # 8 - 1985 , was thereupon declared duly adopted . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND THE ZONING ORDINANCES ON DUPLEXES The Town Board again discussed the amendment of the Zoning Ordinance on duplexes . The following changes were proposed : Under Article III , Section 4 ( R9 ) - "A new permitted use shall be • added to this section as follows : " Duplexes , provided that the lot to be built upon has at least 50 % greater lot area and has no less frontage depth than otherwise required by this Article . All side yard setbacks shall be 20 % greater than otherwise required by this Article . Duplexes shall be considered as two , one-family dwelling for the purpose of determining permitted occupancy . Under Article IV, Section 11 , ( R15 ) - "A new permitted use shall be added to this section as follows : " Town Board 28 September 9 , 1985 Duplexes , provided that the lot to be built upon has at least 50 % greater frontage or lot areas and no less frontage depth than otherwise required by this Article . All side yard setbacks shall be 20% greater than otherwise required by this Article . Duplexes shall be considered as two , one-family dwellings for the purpose determining permitted occupancy . Under Article V, Section 18 (R30 ) - "A new permitted use shall be added to this section as follows : " Duplexes , provided that the lot to be built upon has at least 50% greater lot area and no less frontage depth than otherwise required by this Article . In no case shall the permitted lot size be less than that required by the Tompkins County Health Department . All side yard setbacks shall be 20 % greater than otherwise required by this Article . Duplexes shall be considered as two , one-family dwellings for the purpose of determining permitted occupancy . Councilwoman Raffensperger stated that she did not understand two persons being allowed in a one-family dwelling . She went on to question how many unrelated persons would be allowed in a two-family dwelling ? Peter Lovi suggested three unrelated persons in a two- family dwelling . Councilwoman Raffensperger stated that she felt three might create a problem . Town Planner Lovi was requested to rewrite for clarification the sections on permitted occupancy . RESOLUTION NO , 191 Motion by Councilwoman Howell ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at the Town Hall , 126 East SFneca Street , Ithaca , New York , at 7 : 45 P . M . , on October 7 , 1985 to consider a local law to amend the Zoning Ordinance on duplexes and to hear all persons in favor or opposed . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . TOMPKINS COUNTY INDUSTRIAL DEVELOPMENT AGENCY BOND FINANCING - MEDICAL OFFICE BUILDING , TOMPKINS COMMUNITY HOSPITAL Town Attorney Barney stated that he hoped the Board understood that with MA financing, the in lieu of taxes could be reduced . He went on to say that he also wanted the Board to be aware of the fact that he had a conflict of interest as the Contractor for the project was a client of his firm . • Councilwoman Howell added that she also had a conflict of interest as the Contractor was related to her . Councilwoman Raffensperger asked the total amount of revenue sharing bonds that would be used for the Medical Office Building and what was the County ' s total revenue bond authorization and for what period . These figures and information were not available . There was discussion of the possible use of Second Development Bonds for the incubator businesses previously endorsed . Town Board 29 September 9 , 1985 RESOLtTrION N0 , 192 Motion by Councilman Cramer ; seconded by Supervisor Desch , WHEREAS , the Tompkins Community Hospital Corporation has determined the need for a new Medical Office Building organized as a for profit limited partnership to be located adjacent to the Hospital , as a means of enhancing the services of the Tompkins Community Hospital , and WHEREAS , the County of Tompkins has cooperated in this endeavor making available land for the project , and • WHEREAS , the Town of Ithaca has approved the development plan under its Zoning Ordinance and Environmental Assessment process , and WHEREAS , the limited partnership organization , known as Tompkins Medical Office Association , has applied to the Tompkins County Industrial Development Agency for revenue bond financing , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca does endorse the concept as an important feature of the Community Hospital development plan and does encourage the Tompkins County Industrial Development Agency to consider the use of revenue bonds to finance the project with the understanding that payments in lieu of taxes will not be lower than the annual tax levy . ( Desch , Kugler , Cramer and Bartholf voting Aye . Nays - Raffensperger , McPeak and Howell ) . ATTENDANCE AT PLANNING BOARD AND ZONING BOARD CF APPEALS MEETINGS Supervisor Desch again noted that the Chairman of the Zoning Board of Appeals had requested the Town Board adopt a resolution on attendance at Planning Board and Zoning Board of Appeals meetings . Town Engineer Fabbroni remarked that with the Planning Board having two meetings a month , a member could easily go on vacation and miss three meetings in a raw . Town Attorney Barney stated that the Town Board has to have a hearing before a person can be dismissed . If you have a Planning Board member who goes on vacation and misses three meetings you would find this out during the hearing . RESOLUTION N0 , 193 Motion by Councilman Bartholf ; seconded by Councilman McPeak , BE IT RESOLVED by the Town Board of the Town of Ithaca as follows : WHEREAS , the Town Board appoints members to the Town of Ithaca Zoning Board of Appeals and the Town of Ithaca Planning Board , and • WHEREAS , such appointments are made after consultation with Prospective appointees to ascertain their willingness to serve , and WHEREAS , the needs of such Boards are that the attendance of Persons appointed is an important facet of the responsibilities of the office in that failure to attend may create quorum problems precluding conducting of the Boards ' business , preclude interaction among the persons responsible for the decisions of the Boards , and in general inhibits the complete and full workings of said Boards , and Town Board 30 September 9 , 1985 WHEREAS , in making such appointments it is expected by the Town Board that the appointees will fulfil their obligations to the fullest extent possible including obligations of attending meetings of the Boards , and WHEREAS , the Zoning Board of Appeals meets monthly , and the Planning Board meets more freqently then monthly , and WHEREAS , the Town Board has the power to remove Board of Zoning Appeals and Planning Board members for cause and after public hearing , and WHEREAS , the Town Board believes that failure to conscientiously • attend Board meetings would constitute cause for removal and wishes to establish standards in that regard for considering the conduct of various Board members in the future , NOW THEREFORE BE IT RESOLVED , that appointees to the Town of Ithaca Zoning Board of Appeals and Town of Ithaca Planning Board are made with the expectation that the appointees will attend all of the meetings of each Board to the extent reasonably possible , and IT IS FURTHER RESOLVED , that failure of a member of the Zoning Board of Appeals to attend three consecutive meetings of such Board and the failure of a member of the Planning Board to attend four consecutive meetings of such Board , shall , in the absence of extraordinary circumstances , constitute neglect of duty by such member and cause for removal of such member fran his or her Board , pursuant to the appropriate provisions of the Town Law and other laws of the State of New York , and IT IS FURTHER RESOLVED , that the Chairperson of each of such Boards is directed to apply to the Town Board for removal of any member of his or her Board who neglects his or her duty in the manner set forth in this resolution . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER REVISIONS TO THE CAYUGA VISTA COVENANT'S Supervisor Desch remarked that a limit should be set on the percentage of units that may be rented at any one time . As the Covenants is now presently written , if twelve units were constructed , then twelve units could be rented . The Supervisor suggested that no public hearing date be set at this meeting , instead that Edward Mazza , one of the partners in the Cayuga Vista project be invited to attend the October Town Board meeting to discuss the number of units that will be allowed to be rented at one time and the length of time they will be allowed to rent . EXTENDING TEMPORARY HIGHWAY EMPLOYEES • Town Engineer Fabbroni reported that the temporary highway employees time was running out and he would like the Board to extend than until October 7 . If it was feasible to extend then further , he would come back with another request at the September Board meeting . He went on to say that there was money and work available for these men on the Burns Road project . RESOLUTION NO , 194 Notion by Supervisor Desch ; seconded by Councilman Cramer , Town Board 31 September 9 , 1985 RESOLVED , that the Town Board of the Town of Ithaca hereby authorize an extension of employment time for the four temporary highway employees through October 7 , 1985 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . FALL CLEAN-UP RESOLUTION N0 , 195 Motion by Supervisor Desch ; seconded by Councilman McPeak , • RESOLVED , that the Town Board of the Town of Ithaca hereby sets the date of November 4 , 1985 , as Fall Clean-Up Day in the Town of Ithaca . (Desch , Kugler , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . ADJOURNMENT The meeting was duly adjourned . o lerk • TOWN HIGHWAY SUPERINTENDENT ' S MONTHLY REPORT SEPTEMBER 9 , 1985 to OCTOBER 71 1985 Robert E . Parkin Install Resident Culvert - - Compton Road Ridgecrest Road - - Ditch Cleaning - - Install Resident Culvert - Burns Road # l , Coddington Road Side of Bridge - - Haul . Crusher Run , Spread , and Roll - Burns Road # 2 - - Level and Compact Fill hauled in by Contractor for Slaterville Road Culvert Crossings - - Place Straw Bales to help Erosion Control Repairs - - to Guide Rail on Stone Quarry Road , after accident - - to Guide Wire on Sandbank Road - Complete Brooming of Surface Treated roads - Complete Second Roadside Mowing Dig Clay at Burns Road with Backhoe for Cornell University - Complete Paving - - Commonland Community Area - - Part of Forest Home Drive Clean, Ditch and Shape road at end of Pennsylvania Avenue Haul Cobblestone and Stockpile on Forest Home Drive for Gabions - Miscellaneous - - Brush and Weeds - - Hot Patching - - Signs REP / nf 10 / 7 / 85