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HomeMy WebLinkAboutTB Minutes 1986-12-31 TOWN OF ITHACA SPECIAL TOWN BOARD MEETING December 31 , 1986 At a Special 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 10 : 00 A .M . , on the 31st day of December , 1986 , there were : PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman ALSO PRESENT : Nancy Fuller , Deputy Clerk Robert R . Flumerfelt , Assistant Engineer Robert E . Parkin , Highway Superintendent Andrew Frost , Building Inspector Susan Beeners , Town Planner Richard Schoch , Parks Manager Donald TenKate , Highway Department Jack Burns Frances Connelly Victoria King Joan Egner Anton J . Egner J . Gormley Miller Pamela A . Clermont Linda Finlay Edward McLaughlin Marcia Dalkert Representatives of the Media : Fred Yahn , Ithaca Journal Eric Weitzman , WVBR News Greg Thomas , OK 100 Jim Graney , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . • REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Desch stated that briefly on the status of the fire contract , he and John Barney had a three hour meeting on Monday with the City participants . We went through in considerable detail John Barney ' s draft which was a revision of the City ' s draft . We got through about ninety percent of it and there was still two clauses which we were asked to go back and soften . It basically has to do with a strict level of performance in the contract which Town Board 2 December 31 , 1986 the City felt they could not accommodate with the other limitations that were put in the contract in terms of the number of people being frozen , and so on and so forth , so we were asked to go back and revise those which we have not done . The current draft will be available for us to get back to the City for our next meeting with the City on Monday at noon . I expect to have a draft in your hands on Tuesday or Wednesday of next week . The draft that John prepared is a substantial improvement over the City ' s draft in terms of protecting the Town and providing for termination of the contract on several basis and I think you will see from the comparison of the previous draft that there is a substantial improvement . There is no change as far as the financial terms , we haven ' t been negotiating that part at all . So that ' s the status of that . You have two pieces of information that I need your comments on , one has to do with the response to Walt Schwan ' s letter to the editor and the other is in response to Walt ' s letter to you having to do with the question of the legality of the fire protection district boundaries . on December 19th , in New York City , we had the closing of the bond anticipation notes . The Town notes , we borrowed about a million and a half at 3 . 29 percent for six months . There may be another borrowing in February , depending on the cash flow that comes through from the State and Federal government on the reimbursement for the grant . The rates at which the contractors are working may help pace the ability of the State and Fed ' s to reimburse us . There may be another small borrowing and also a renewal next June , one more renewal . Eventually all these temporary financings will be recovered through the State and Federal grants , so that there will not be another permanent borrowing . The Personnel Committee has made a recommendation on the choice of the Town Engineer so we will have an Executive Session and a discussion about that . At that time we will have a discussion about the Hall property in Executive Session also . The Forest Home one-way experiment starts on January 6 . Cornell is rather unhappy that the Town has not granted a hold harmless on the use by the public of Plantations Road . I ' ll be talking with the Cornell Attorneys but the idea basically is that the situation will be in relative terms no different from what it has been over the past sixteen years since Cornell closed the Campus they have been allowing public use of those roads without closing these each year . There was a little bit of a concern at the eleventh hour that Cornell might physically close Plantations Road which would mean that we would need to extend the experiment all the way up Judd Falls Road to Tower Road . That ' s still a contingency if they don ' t like want ' s going on after we start the experiment , we may end up doing it but it will not be a major problem as far as being able to do it . Assistant Town Engineer ' s Report Assistant Town Engineer Robert Flumerfelt reported that he had just a few items a little further in connection with the Judd Falls Road experiment . The signs have been ordered and received and Bob and his crew have been putting in the sign posts so those are ready to go and we have also made preparation for the mail box changes putting mail boxes , these will be new ones , on temporary basis in groups , there will be three banks of mail boxes so the residents will have a little change in their mail delivery . We ' ve sent out a letter to all of residents along that one-way section so they will know what the mail situation is and Bob ' s crew is also preparing for the erection of those mail boxes so we should be all set on the 6th , I believe . We have completed some good traffic counts before Town Board 3 December 31 , 1986 the changes take place on January 6th , we have some good data I think so then we can compare counts taken after the 6th . Our specifications for the Town barn heating system are almost compete , its a case of putting them together now and getting them ready to go . I ' d like to ask for authorization today to advertise for bids . Supervisor Desch asked the Assistant Town Engineer to describe a little bit further what type of system you are talking about . Assistant Town Engineer Flumerfelt stated that it looks like , from our investigations , the best type of system for the Town Highway • Facility such as this is the infrared system which is a radiant type of heat and it doesn ' t depend on heating the air inside the building it heats objects and surfaces , it heats the concrete floor for instance which absorbes the heat and then when doors are open you have that bank , so to speak of , of heat available to reheat the area . Essentially what it will be is a vaccum type gas fired heating system with a burner on one end of the small pipe and exhauster on the other end that takes outside air and burns it and exhausts it to the outdoors and , therefore , there are no fumes inside , it doesn ' t use inside air . There may be two or three of those tube type units in the main equipwnt storage area and there probably will be one such system in the top area and also planning a small pressurize gas fired unit heater for the shop area on the second floor work area to try to overcome the fumes problem in that area . The estimated cost for this I think will be between seventeen and twenty thousand dollars . We have had two or three ballpark estimates from contractors and I think we should see between seventeen and twenty thousand dollars for the system . Supervisor Desch asked , what did we end up putting in the budget? $ 20 , 000 was put in the budget . Assistant Town Engineer Flumerfelt went on to say that Coddington Road pump station , we had expected that all of the equipment would be ready to go , the installation of the new valves , between December 8th and 12th , but there is a delay in sane of the electrical components and that has to be in first before the new valves can be put in operation , so now all of that has arrived and Picciano is ready to put that in . We were up there yesterday and we will need some outside electrical help which I didn ' t get a chance to talk to you about . We have contacted Marion Electric and they will give us an estimate of what they think it will run . So that work is scheduled for January 5th to the 9th . We received the report from Stearns & Wheler , consulting engineers on the underground fuel storage tanks , there are some record keeping procedures that had to be started December 27th and Bob has the forms and records that need to be kept and started filling them in . Councilman Cramer asked if we have implemented this procedure as far as recording keeping is concerned and are we doing this on a • daily basis ? Are we recording all deliveries and monitoring all incoming fuel ? Town Highway Superintendent Robert Parkin responded yes to all questions . Supervisor Desch remarked that it will be interesting to see what it tells us . Town Board 4 December 31 , 1986 Highway Superintendent Parkin remarked that we know when we first stuck the tanks with paste on the stick that we have no water in the tanks at all . Supervisor Desch remarked , that is good . Assistant Town Engineer Flumerfelt remarked that that is about all he had to report , we don ' t have word back for the proposal for the survey on the annexation of properties . Supervisor Desch noted , on that subject , we may well have a joint meeting with Common Council of the City on that , still hoping before the end of January . The decision point is having it all accomplished before March 1 in order to meet the taxable status date . Supervisor Desch asked if there were any questions for the Assistant Town Engineer? Councilwoman Raffensperger stated that she had a question about the heating system down at the Highway barns , will there by any kind of economy in the system as opposed to the one that we have now . Are we going to save some annual cost? Assistant Town Engineer Flumerfelt responded that he felt it would be quite a bit more efficient than the system we have down there now . Especially since those old burners down there are in pretty bad shape and in fact they are burned right through and you can see the flames inside the units now, they are in pretty bad shape so I am sure we will see some economy in the new system . Highway Superintendent ' s Report Highway Superintendent Robert Parkin responded that he would have a written year end report . JOB DESCRIPTIONS Supervisor Desch informed the Board members that they had a packet on this in their folders . He noted that the Personnel Committee had gone over these . Supervisor Desch noted that there are two things , the job descriptions and the organizational chart . The Supervisor asked if anyone had a specific question about any particular job description . He went on to note that the job description included the position of Town Clerk/Receiver of Taxes , Deputy Town Clerk , Town Custodian , Assistant Budget Officer/Personnel Manager , Supervisor ' s Bookkeeper , Clerk/Typist - Payroll , Executive Secretary , Department Secretary , Town Planner , Parks and Open Space Planner/Manager , Working Foreman Parks - Open Space , Zoning Officer/Building Inspector , Town Engineer , Assistant to the Engineer , Highway Superintendent , Highway Foreman , Highway Mechanic , Highway Motor Equipment Operators and Highway Laborers . Councilwoman Leary asked if there were any notable comments from the staff? Supervisor Desch responded , no major comments , mostly clarification . RESOLUTION NO . Motion by Councilman Cramer ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the job descriptions for the position of Town Clerk/Receiver of Town Board 5 December 31 , 1986 Taxes , Deputy Town Clerk , Town Custodian , Assistant Budget Officer/Personnel Manager , Supervisor ' s Bookkeeper , Clerk/Typist - Payroll , Executive Secretary , Department Secretary , Town Planner , Parks and Open Space Planner/Manager , Working Foreman - Parks and Open Space , Zoning Officer/Building Inspector , Town Engineer , Assistant to the Engineer , Highway Superintendent , Highway Foreman , Highway Mechanic , Highway Motor Equipment Operators and Highway Laborers . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . ADDITIONS TO PERSONNEL MANUAL Supervisor Desch noted that the Personnel Committee had discussed both proposals and had made some changes in the wording . Continuation of Health Insurance State and Federal law mandates that all voluntarily or involuntarily terminated employees and their dependents be offered the option of continuing their membership ( for a limited time ) in the group health insurance plan to which they belonged while employed . The terminated employee would be required to pay the full amount of the premium and would not be eligible to continue this coverage if he or she becomes , or is eligible to become , a member in another group health plan . Dependent children can elect to continue coverage in the Town ' s group health plan when they no longer meet the eligibility requirements of their parent ' s contract . They would be required to Pay the full premium and coverage would discontinue if they become covered under another plan . Employees and/or dependents have 60 days from the date insurance coverage ends to elect continuation of coverage and submit one month ' s payment . Please see the Personnel Department for further information regarding continuation of health insurance coverage . RESOLUTION NO . Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the addition of "Continuation of Health Insurance Coverage " to the Personnel Manual . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . Termination of loyment When an employee voluntary or involuntarily terminates employment with the Town , the last day worked will be considered the termination date and will be the date used for calculation of final pay , vacation pay and termination of health and retirement benefits . Unless previously approved by the Town Board , an employee ' s termination date will not extend beyond the last day of active employment . In the case of voluntary resignation , at least two weeks ' notice is required to be eligible for accrued vacation pay . In no instance will there be a cash payment for accumulated sick time or unused Town Board 6 December 31 , 1986 personal days . Final paycheck and payment for accrued vacation will be issued on the next regular payday following the termination date . Continuation of health coverage is available to terminated employees and their dependents . See the health insurance section for more information . RESOLUTION NO Motion by Councilman Cramer ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby • authorize the addition of the section "Termination of Employment" to the Personnel Manual . Councilwoman Howell stated that she had one question , you are saying that anybody can carry their vacation pay after they leave ? Supervisor Desch responded that they would be paid when they leave . Councilwoman Howell questioned , they have to take their vacation before their last day of active employment ? Supervisor Desch responded no , if they have not taken their vacation before they leave they will be paid the amount of what is left . Councilwoman Howell responded , than the wording "active " does not mean you have to be on the job that day , you can be on vacation that day? - last day of active employment? Supervisor Desch responded active employment means last day you work . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . ORGANIZATIONAL CHART Supervisor Desch stated that the only change in the chart from the original proposed charge was in parks . We cleaned up the way the parks operate . RESOLUTION NO . Motion by Councilman McPeak ,, seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the Organization Chart (copy attached to minutes ) . (Desch , McPeak , Howell , Bartholf and Leary voting Aye . Nays - Raffensperger and Cramer) . • Supervisor Desch asked if there were any comments , Councilwoman Raffensperger stated that comments she had on the chart were made earlier when we voted on it previously and she stated that she voted no at the time . Councilman Cramer stated that his comments were made at the Personnel Committee meeting . CERTIFIED PUBLIC ACCOUNTANT Town Board 7 December 31 , 1986 RESOLUTION NO . Motion by Councilwanan Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that the accounting firm of Ciaschi , Dieters-Hagen , Schaufler & Mickelson , be appointed auditors for the Town of Ithaca for year ending December 31 , 1986 . Councilman Cramer asked , what kind of cost are we talking about? Supervisor Desch responded , around $ 2 , 500 . • (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . SEMINAR ATTENDANCE RESOLUTION NO . Motion by Councilman Cramer ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the following individuals to attendance at a one-day seminar entitled "How to Supervise People " given by National Seminars , Inc . , at a cost of $ 59 . 00 / person : Jean Swartwood , Town Clerk ; Nancy Fuller , Executive Secretary , Robert Flumerfelt , Assistant Engineer ; Andrew Frost , Zoning Officer/Building Inspector ; Susan Beeners , Town Planner ; Robert Parkin , Highway Superintendent ; Richard Schoch , Parks & Open Space Planner/Manager ; Sally Alario , Bookkeeper . Location of seminar is Holiday Inn , Ithaca , New York . Appropriate accounts to be charged A1440 . 400 Engineering Contractual , A14109400 Town Clerk Contractual ; A5050 . 400 Superintendent of Highways Contractual ; B8010 . 400 Zoning Contractual ; B8020 . 400 Planning Contractual , B7140 . 401 Parks Contractual , and BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Constance E . Allen , Assistant Budget Officer/Personnel Manager to attend a one-day workshop at Tompkins Cortland Community College , Dryden , New York , entitled "The Tax Reform Act of 1986 . " Cost of the workshop is $ 55 . 00 to be charged to appropriation account A1340 . 400 Budget Contractual , and FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Andrew Frost , Zoning Officer/Building Inspector to attend Code Enforcement Courses I through V to be held in Montour Falls , New York , January 12- 16 ; February 9-13 ; and March 16-20 , 1987 , at a cost of $ 25 . 00 plus meals and expenses . Account to be charged B8010 . 400 Zoning Contractual . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . • DEPOSITORY OF TOWN FUNDS RESOLUTION NO . Motion by Councilman Cramer , seconded by Councilman McPeak , RESOLVED , by the Town Board of the Town of Ithaca that the Tompkins County Trust Company and Norstar Bank be and the same hereby are designated as depositories for all monies coming into the hands of Town Board 8 December 31 , 1986 the Supervisor , and the Town Clerk/Receiver of Taxes for the year 1987 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . DESIGNATION OF OFFICIAL NEWSPAPER RESOLUTION N0 . Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby designates the Ithaca Journal as the offical Newspaper for the year 1987 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . SCHEDULE OF 1987 TOWN BOARD MEETINGS RESOLUTION N0 , Councilwoman Raffensperger ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the following schedule of meetings of the Town Board for the year 1987 : Monday , January 12 , 1987 Monday , February 9 , 1987 Monday , March 9 , 1987 Monday , April 13 , 1987 Monday , May 11 , 1987 Monday , June 8 , 1987 Monday , July 13 , 1987 Monday , August 10 , 1987 Monday , September 14 , 1987 Thursday , October 1 , 1987 Thursday , November 5 , 1987 Monday , December 7 , 1987 Thursday , December 31 , 1987 (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . OFFICIAL BONDS RESOLUTION N0 . Motion by Councilman Cramer ; seconded by Councilman Bartholf , • RESOLVED , by the Town Board of the Town of Ithacas that the bonds for the following Town Officials and Town employees , in the following amounts , be approved for the year 1987 : Town Supervisor , Noel Desch $ 350 , 000 Town Clerk - Receiver of Taxes Jean Swartwood $ 50 , 000 Justice , Warren A . Blye $ 51000 Town Board 9 December 31 , 1986 Justice , Merton J . Wallenbeck $ 51000 Superintendent of Highways , Robert Parkin $ 5 , 000 All other Town Employees , each $ 51000 Councilman Cramer asked if there was any changes in the bond status ? Supervisor Desch responded no , and there doesn ' t seem to be any need to increase it . • (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . APPROVE SPECIFICATIONS AND AUTHORIZE BIDS FOR HIGHWAY FACILITY HEATING SYSTEM Supervisor Desch stated that he would like to authorize bidding and if anyone would like to look at the details beyond what the Assistant Engineer has described for the specifications feel free to do so but I would like to move authorization to proceed with the bidding . The Supervisor asked how much of a period of time was being allowed and if the bids would be back in by the 12th? The Assistant Engineer responded that the 12th was a little quick . The Supervisor stated that it may end up that we will need to have a brief noon meeting to award the bid . RESOLUTION NO . Motion by Supervisor Desch ; seconded by Councilman Cramer , WHEREAS , Town Engineering has investigated various types of infrared heating systems for the Town Highway Maintenance Facility , and WHEREAS , on October 2 , 1986 , the Town Board authorized the Town Engineer to prepare full bid specifications for such a heating system , and WHEREAS , the bid specifications for the heating system have been prepared by Town Engineering , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca to authorize advertising for bids for furnishing and installing the heating system pending approval of the bid specifications by the Town Supervisor and the Town Attorney . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . • EAST SHORE DRIVE ANNEXATION Supervisor Desch stated that this item will be adjourned until the January meeting since the Board does not have a proposal . Town Planner Susan Beeners handed out to the Board members the draft local laws . She noted that they would ordinarily receive these in the mail but because of the Special Board meeting she was Town Board 10 December 31 , 1986 handing them out today for the Board ' s review before the January 12th meeting . Also included is the SEQR material and adopted resolutions from the Planning Board . One is the proposed special land use district for Statler , West and then the other one is the proposed mobile home park rezoning and expansion . She told the Board to feel free to call her if they had any questions about either projects . Supervisor Desch noted for the record that both proposed local laws have been officially distributed to Town Board members . PERSONS TO BE HEARD Supervisor Desch asked if anyone present wished to address the Board on any subject other than the two hearings that were caning up? A lady in attendance stated that she did not know if this was the proper time to say anything at this point . My name is Frances Connelly , Supervisor Desch responded that we can do that item right now, this is consider referral of petition requesting rezoning of 1009- 1011 , 1013 , 1019 and 1029 Danby Road from Multiple Residence District to R-9 Residential District to the Town of Ithaca Planning Board . The lady introduced herself as Frances Connelly who lives at 1013 Danby Road and she stated that she was one of the people who wrote the letter . I don ' t want to take a lot of your time except to ask that this be considered . We think that the zoning is questionable , it was rezoned multiple residence ( she point out the square on the map) . It was rezoned multiple residence in a neighborhood that was R-9 back in 1965 . It was rezoned pursuant to a plan for a great big development . That development never took place , it ' s been setting there as multiple residence for 21 years now. The other question we have is whether or not the houses that were all in existence in 1965 should have been lumped into that . Also the lot for which the thirty unit apartment building was planned was not even owned by Mr . Hermann at this time . So the plan that is now up for the Planning Board is for a lot and for development that is not anything close even to the original development . So we would ask that this be considered and that the neighborhood that exists be allowed to exist and that this development be allowed to develop but not so many groups . Supervisor Desch noted that the Board members had a copy of the petition . Supervisor Desch remarked that the matter we have before us is the first step in the process which involves the decision by this Board to refer the request to the Planning Board for their consideration . If the Planning Board came back with a favorable recommendation then we would have a hearing to consider the actual rezoning itself . Staff has prepared the draft resolution which you have before you . The Supervisor asked for questions or comments . Councilman Cramer asked are you saying then that the land would have to be rezoned after the Planning Board would review the subdivision plans , under any circumstances . Supervisor Desch responded , not necessarily . He went on to say that the Planning Board , he would expect , would consider the petition on its own merits relating to those specific properties irrespective of the major parcel in the back of those . Town Board 11 December 31 , 1986 Councilwoman Raffensperger asked Town Planner Susan Beeners if this included all the frontage lots including vacant lots ? Town Planner Beeners responded , this includes the parcel for which the thirty units are proposed . As it is sort of indicated on the map that is attached to the draft resolution , there would still remain approximately 400 ' of multiple residence frontage on the south end of the multiple residence . Councilwanan Raffensperger asked if the Planning Board would consider that if it wants to ? Susan Beeners asked consider? Councilwoman Raffensperger responded , consider a rezoning of that . Susan Beeners asked , of that as well ? Well , I suppose so , I think there are several sonarios that will have to be looked at for the whole area . There is certainly a need to preserve any access to the back multiple residence zone . RESOLUTION N0 . Motion by Councilwoman Raffensperger ; seconded by Councilman Cramer , WHEREAS : 1 . The Town Supervisor has received a petition signed by the residents of 1013 , 1019 , 1021 , and 1029 Danby Road , requesting the rezoning of 1009-1011 , 1013 , 1019 , 1021 , and 1029 Danby Road fran Multiple Residence District to R-9 Residence District , 2 . This petition has been reviewed by the Town Board on December 31 , 1986 . NOW THEREFORE BE IT RESOLVED that the Town Board refer and hereby does refer the aforementioned petition to the Planning Board for review and a recanmendation . (Desch , MCPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . Town Supervisor Desch asked the Town Planner when this proposal was likely to cane before the Planning Board , early February? Town Planner Beeners responded , now that you have resolved to refer the matter to the Planning Board it will be caning on January 6th . It was felt that it was best to tie it into the consideration of the thirty units for which in this petition it is requested that no further action be taken on this thirty units before site plan approval . Supervisor Desch remarked , so the first consideration will be on the 6th , it doesn ' t necessarily mean that a recanmendation will come out of the 6th it could be adjourned , it could come out , or whatever . Susan Beeners responded that the way she would like to run it would be then the first meeting in February would be when there would be further consideration by the Planning Board , APPROVE OF RECORDS Town Board 12 December 31 , 1986 Building Inspector Andrew Frost , Building Inspector/ Zoning Officer handed out copies of his report . Supervisor Desch asked Mr . Frost if he was just leaving his report with the Board and wanted approval later ? The Building Inspector/ Zoning Officer responded that the only thing that is essentially lacking is the complete list of Certificates of Compliance which is an issue , outside of that should be complete . Supervisor Desch remarked then we can consider that and then at the January meeting perhaps do the others . The Building Inspector stated that essentially what he had • presented to the Board in the first packet is a list of Building Permits issued , that is a monthly report and I have included that since year to date figures are shown . The second page has been done as a summary of permits issued , I added comparisons to 1985 . Sane of this information will be going to the Census Bureau anyhow, so I though I would provide it . The second page which has a comparison by month between ' 85 and ' 86 of generally speaking April , May and June that ' s when we have the most building permits issued . There is really no significant conclusion that I could draw between comparing overall permits issued at any given time between ' 85 and ' 86 . In June and September of ' 86 we had many building permits issued , in April of ' 85 we had 25 permits issued for single family residences , so its really hard to say whether there was any significance growth of hones between the two years . On the third page there I have a breakdown of 1986 through 1983 comparing new homes , one and two family total and the value figures . 1985 and 1986 are similar in total number of homes . Overall much higher than 1983 and 1984 new homes in the area . Value of new construction is bit more significant in 1986 compared to ' 85 . Total number of building permits issued in 185 and 186 is exact but much higher compared to 183 and 184 . The total values in 1985 which show twenty million as compared to fourteen million total value in 186 , I made notation there that there was an eight million dollar project of the Ithaca College Student Union . So if you subtract the eight million from the twenty million there , its total value is fairly close . Councilwoman Raffensperger asked if a two family dwelling was counted as one ? Mr . Frost responded yes , they would get one permit for a two family dwelling . Mr . Frost went on to say that regarding the list of Certificates of Compliance , I ' m going to be drawing up an interesting thing I found , in 1986 we had 204 building permits issued and 142 Certificates of Compliance issued , some of those Certificates of Compliance in the 142 would have included requests for Certificates of Occupancy and we may be changing the form which essentially states Certificates of Compliance but we will also issue them a • Certificate of Occupancy , say on a property sale . In 1985 we had 204 building permits but only 124 Certificates of Compliance issued so you can draw a conclusion that perhaps there were less requests for final inspection on building construction and hence Certificates of Compliance are not issued and that ' s a situation we have to deal with . Interestingly when I went to 1984 and ' 83 , in 1984 we had 121 Certificates of Compliance issued with 54 building Permits issued and in 1983 we had 184 Certificates of Compliance with 57 building permits issued . So in both 183 and 184 we issued more Certificates of Compliance than we did building permits . So I really can ' t figure out what the difference there is . I think perhaps we are not having enough people requesting inspections , Town Board 13 December 31 , 1986 final inspections on construction which is a - goal for ' 87 to try to get more people to get those inspections done . The Building Inspector stated that he would be giving the Board a list of Certificates of Compliance issued for specific properties in January . In terms of complaints , it ' s going to be difficult for 1986 to give you a complete listing of complaints . In Lew ' s passing and Gary taking over there was a slight breakdown in record keeping . I can tell you that approximately between August and December we had 11 complaints that were dealt with and in 1985 we had 16 complaints that were dealt with . In 1984 we had 46 complaints that were dealt with and in 1983 you had 61 complaints that were handled . • In terms of area construction , I don ' t have complete figures for you . Overall these are approximate figures . Overall building permits for all types of construction were 87 in the East side of Ithaca , 47 in the South side of Ithaca , 47 in the Northeast side of Ithaca and 15 on the West side of Ithaca . I ' ll be putting that on a page for you to clarify that . Supervisor Desch remarked that it was clear we still have some catching up to do on Certificates of Compliance . Mr . Frost stated that it was clear that there are two things we will definately be doing , anytime a building permit is applied for , in many times it ' s the contractor submitting the building permit application and then he get the building permit the comment sheets that go with the building permit then don ' t always end up with the property owner so all building permits will now be going directly to the property owner with the property owner obviously seeing the list of inspections required and some of the comments , I think they will be more eager to see that the inspections are done . The other thing that we are entertaining is having a refundable deposit put down upon issuance of a building permit which would be refunded upon final inspection and issuance of a Certificate of Compliance . We are still looking at the legalities of that . Councilman Cramer asked Mr . Frost if he could ask him a simple question , how long is it after the final inspection is made of the property before Assessment Department of the County goes out and reviews the assessment and the property is upgraded on the assessment rolls . Mr . Frost responded , in terms of frequency of inspection , I know the County Assessment has been working specific township and reassessing everything , I believe they are up to the Town of Ithaca at this point . On a monthly basis they get a copy of our record book which has entries of all building permits issued . What they do , as far as a time frame after that , I wouldn ' t be able to answer that question . Supervisor Desch remarked , the problem is the duration of time between that point and when changes get put into the Assessment Department records . Also , the time of the year makes a big difference . Mr . Frost went on to say that the next list the Board has shows Zoning Board of Appeals . One correction that should be made as shown in April , M . Razzaq on Honness Lane , I show as adjourned from March was denied in April and that case was actually withdrawn . Overall to the best of my knowledge , we only had one denial on anything that went to the ZBA . The sheets should be generally self explanatory . The only appeal that was denied is in November , A . J . Lanzini was denied essentially through the sale of the property and that was a consistant at the time of the appeal as a three unit Town Board 14 December 31 , 1986 house with nothing on record to show that approval was ever given for this property to have a three unit house in an R-9 zone which is only two family . So they were denied since there was no building permits or Certificates of Compliance or any other approval given to this particular property to have a three family house in a two family zone . Down at the very bottom we have a total of 39 appeals in 1986 , ZAB appeals . In 185 we had a total of 35 appeals and in 183- 184 we had a much higher number and I ' m no so sure the rewriting of the Zoning Ordinance had reduced some of those numbers cared with ' 84- ' 83 . He went on to say that the last page shows Sign Permits - 1986 , basically listed the applicant , their address and the third column over is what the sign actually says . We ' ve had a total of 10 permits in 1986 , 5 in ' 85 • and 12 in 184 and 5 in 183 . Supervisor Desch commented that business was about the same . He went on to say that that was a good indication , when we spent all that time studying and adopting that sign law we were a little concerned about in andated with permit requests . This shows that it has been quite effective . RESOLUTION NO . Motion by Councilman Cramer , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the Building Inspector/ Zoning Officers report for the year 1986 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . TOWN CLERK/RECEIVER OF TAXES REPORT Due to the death of the Town Clerk ' s father , no report was available for this meeting . TOWN JUSTICES ' REPORT Councilman Cramer asked what the New York State Surcharge is ? $ 7 , 400 has been added to the report . Town Attorney John Barney responded that he thought there was a new law passed about a year ago where there is now a court charge for any fine , any conviction , is added to any fine . Even if the fine is $ 25 . 00 , I think a $ 10 . 00 charge is added to pay this . Supervisor Desch questioned if the State gets this ? The Town Attorney responded , I believe the State get this . Supervisor Desch noted that that State had finally changed the reimbursement rate . He noted that we have not seen much of it yet though . RESOLUTION NO . Motion by Councilman MCPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby accept the reports for 1986 from Justice Merton Wallenbeck and Justice Warren Bly . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . STATISTICAL REPORT ACTIVITIES OF THE TOWN JUSTICE 1981- 1986 No . Amount No . Amount TOTAL COMPLETED CASES - - - - _ _ _ 1465 51382450 ( 1149 42589 . 00 TOTAL FINES , FEES , FORFIETURES - - - 51382 . 50 42589 . 00 VEHICLE & TRAFFIC -. - - _ _ _ _ 1039 31430 . 00 I 825 25010 . 00 Speeding - - _ _ .. _ _ _ _ 307 8610 . 00 285 9040 . 00 Other Moving Violations - - 228 3410000 151 3645 . 00 Non-Moving Violations - - - 384 4910 . 00 351 4875 . 00 D . W . I . & Dr . W/ . lO%BAC - - - 59 26 Indicted - - - - ( 2 ) ( ) Misdemeanor convict . - - ( 6 ) 2200 . 00 ( 5 ) 1950 , 00 Reduce to D :W . A . I . - - ( 48 ) 12300000 (20 ) 5500000 Dismissed - - - - - - - ( 2 ) ( 1 ) Tax Law Violations . - - - - 0 0 Transportation Law Viol . 0- CRIMINAL - - - - - - - - - - - - _415 I .. 97Rn _ oo 3118 _ I 7955000 Felony Arraignments - - - - 46 35 Indicted - - - - - - - ( 24 ) ( 25 ) Reduced to Town Ct . -- - ( 10 ) ( 6 ) Dismissed - - - - - - - ( 10 ) ( 3 ) Penal Law Misdemeanors - - � . 62 2550 . 00 33 2805900 Penal Law Violations - - - I . 72 3935 . 00 60 1945 . 00 New York Code Rules & Regs . 130 2290000 112 2695000 Enviromental . Conservation - � 26 815 . 00 7 385 . 00 Navigation - - - - - - - - - 8 190 . 00 i 6 1 . 125 . 00 CIVIL & LOCAL LAW Civil - - - - - - - - - - - 5 42 . 50 ` 10 60 . 00 I Small Claims - - - - - - 6 12 . 00 6 12 . 00 Dog Control Law Violation - 3 . 45 . 00 13 1950, 00 Zoning Law Violations - - - 0 f 0 f Civil Marriages - - - - 12 16 Dangerous Dog Complaint _ _ 0 0 i MISCELLANEOUS i Bail Forfietures - - - - - I 545000 1110000 Arraignment - Other Courts . 85 82 Commited in leu of Fine - ( release when paid ) Jail as Sentence ( or part of sentence ) Probation (May include fine /Jail ) . . New York State Surcharge 8340 . . 00 7485 . 00 Respectfully Submitted Town Jus ice STATISTICAL REPORT ACTIVITIES OF THE TOWN JUSTICE 1986 No . . I Amount TOTAL COMPLETED CASES - - - - - - - - - - - - - - - - 1 , 354 TOTAL FINES , FEES & FORFIETURES - - - - - - N / A $ 1747390 VEHICLE & TRAFFIC - - - - - - - - - - -. - - - 813 139810 . Speeding - - - - - - - - - - - - - - - - - - 243 79270o Other Moving Violations - - - - 237 4 , 180 . Non -Moving Violations - -- - - - . 310 22460 . D . W . I . & Dr . W/ 10%BAC . . . . _ _ . 12 Indited - - - - - - - -- -- - - - - 2 2 , 050 , Misdemeanor Convictions Reduced to . D . W . A : I . =- - 8 Dismissed - - - - - - - - - - - - 2 Tax ' Law Violations ' - - - -- - - - o Transpotation Law Violations . 1 250 : CRIMINAL Felony ' Arrai. gnments _ _ _ _ __ _ _ 19 BALANCE OF CASES TO COUNTY COURT Indited Reduced to Town Court - 4 Dismissed . 2 Penal Law Misdemeanors - - - - - 3 5100 Penal Law Violations - - - - -= 7 630 . New York Code Rules & Regs . - 8 3500 Navigation 0 CIVIL & LOCAL LAW Civil 2 20 Small Claims - - _ _ _ _ _ _ _ _ _ _ 2 8 Dog Control Law Violations 34 , 2550 Zoning Law Violations 0 Civil Marriages - _ _ _ _ .. P _ _ _ _ _ 32 N / A Dnagerous Dog Compliants - - - 0 MISCELLANEOUS Bail Forfietures - _- - - - 1 500 Arraignment _ Other Courts - 34 Committed in lieu of Fine 3 ( Release whep paid ) Jail as Sentence - - - - - - - - - - - i ( Or part of sentence ) Probation _ -- - - - - - - - - - - - - - - - 3 ( May include fine/jail ) Scofflaw cases filed with DMV 58 Failure of defendant to ans. Uniform traffic tickets . Family Court Cases 3 J RESPECTFULLY SUBMITTED ,l TOWN JUSTICE Town Board 15 December 31 , 1986 PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW TO AMEND THE ESTABLISHING OF THE EASTWOOD COMMONS MULTIPLE RESIDENCE ZONE Proof of posting and publication of a public hearing to consider the adoption of a local law to amend the establishing of the Eastwood Commons Multiple Residence Zone having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch noted that the subject before the Board is primarily the matter of our willingness to refer to the Planning Board the matter of site plan approval as well as to modify specific features of the 1973 resolution . • Town Planner Susan Beeners stated that the modifications include the revision to the requirement that the developer provide a sidewalk and bicycle path through from Eastwood Commons to Woodcrest ( a different location) of that and instead have it connect up with the East Ithaca Recreation Way . So the other changes are basically just to reflect current means of reviewing and approving the projects such as the approval of water and sewer plans by the Health Department and the Planning Board rather than involve other agencies who really have nothing to do with it . A deletion of a section dealing with some easements which since 1973 have been granted or have became not necessary . Supervisor Desch asked , having to do with water transmission mains ? Town Planner Beeners responded , yes . Ms . Beeners went on to say a change to allows clusters to be built in , not to exceed six units in each cluster rather than four units in each cluster . That change is one that would bring this into more conformance with what is permitted under our cluster regulations which were adopted after this rezoning resolution was adopted . Then another change is a procedural one , submission of plans for each phase to the Town Planner for recommendations to the Town Planning Board . Supervisor Desch noted that some guests were present and also some folks who have something they would like to say who could not be here today , am I correct on that? Someone in attendance answered , likely . Supervisor Desch questioned if those in attendance had had the benefit of seeing the specific proposed local law . Those in attendance responded no . Supervisor Desch asked if anyone had specific comments they would like to make , even though they had not seen the proposed law , either procedure or timing or any other aspect of where we are . Tony Egner , 18 Wildflower Drive , stated that he had a few questions . Gormley Miller , Helen Waterburg and I have been asked • to represent the Association at these various zoning and Planning Board meetings . Helen usually is the one who reports back so I guess I ' m going to designate you to report back but I will ask the questions . We understand that the initial track was developed under a separate ordinance or law and was based upon the four unit cluster that was determined at that time . And we saw one of the earlier plans as a group here and we had some questions about the spaces between the buildings and also the infringements upon the rights-of way which I understand have been cleared up at this point . We have not seen the final drawing , also there is some concern or some question about leaving the second means of egree or Town Board 16 December 31 , 1986 ingress in or out of the project , we don ' t know where that stands and I think we feel strongly about that not to have one way in or out of this entire project . And I would think that your fire people and everybody else would feel the same way . There are also some questions about the timing of that , I know of the neighbors on Honness Lane who are not really represented by the Association are also concerned about the traffic in and out and the timing of when that particular second means of egress or ingress is developed . There is also some current concern about the particular astetic but I feel that we are not , if I were doing the job as I said at the time , the astetic may be different after a period of ten years also . The question of whether you allow the six units or the four units I believe is one that you have to judge in conformity with • your ordinance now and I think I wouldn ' t judge or comment on that because I think I have a feeling the way it ought to be . The other three items that were brought up are just as I think Susan reported , the kind of thing that you adjust in a period of time . So there is no objection to those . As a matter of fact , we ' re not really wildly objecting to anything accept that the Association would like to continue to see the area built in a fashion that is compatable with what we ' ve got there . As I say , most of them are for it , the three units now and if they go to six that ' s a Judgement you ' ve made . We did object to the infringements on the road and the infringements upon the spaces in between . The last plan that we saw I think took care of most of these . I was still concerned with the one between Gormley ' s residence and the first unit next to it . I think I am summarizing the comments that have been discussed . Mr . Miller asked if the change from four to six units in your block design does that increase the density of the developnent in that area? Susan Beeners responded that it would certainly increase the density of Phase III compared to Phases I and II . Mr . Miller responded , and in comparison to Phase III as it was originally designed , is that right? Ms . Beeners responded yes . What happened was that Mr . Schickel built less units than were originally proposed in Phase ' s I and II and now he is trying to recoup sane of the number of units that he was originally given approval for . It is still about thirty units less overall than what was originally approved for the entire zone . But yes , the density of Phase III would be greater than Phase I and II . RESOLUTION NO . Motion by Supervisor Desch , seconded by Councilwamn Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the public hearing until 8 : 00 P . M . , on January 12 , 1987 , at which time they will consider the adoption of a local law to amend the establishing of the Eastwood Commons Multiple Residence Zone . • (Desch , McPeak , Raffensperger , Cramer , Howell , and Bartholf voting Aye . Nays - Leary) . PUBLIC HEARING AMENDING LOCAL LAW # 2 , 1986 , INCREASING STREET EXCAVATING PERMIT FEES FROM $ 100 TO $ 300 Proof of posting and publication notice of a public hearing to consider amending Local Law # 2 , 1986 , increasing Street Excavating Town Board 17 December 31 , 1986 Permit Fees from $ 100 to $ 300 having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak , the Supervisor closed the public hearing . LOCAL LAW NO . 7 - 1986 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , LOCAL LAW NO . 7 - 1986 A LOCAL LAW TO INCREASE THE DEPOSIT FOR STREET OPENING PERMITS 1 . Local Law No . 2 of the year 1965 regulating excavations within Town streets and highways as adopted by the Town Board on July 12 , 1965 be and the same hereby is amended in Section 2 , Subdivision ( 4 ) by changing the amount " $ 100 . 00 " to " $ 300 . 00 " . 2 . This law shall take effect twenty days after its adoption or upon the date it is filed in the Office of the Secretary of State of the State of New York , whichever is later . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 7 - 1986 , was thereupon declared duly adopted . TOWN OF ITHACA WARRANTS RESOLUTION NO . Motion by Councilman Cramer , seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated December 31 , 1986 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 68 , 047 . 49 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 15 , 163 . 16 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 , 652 . 39 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 , 469 . 85 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . $ 267 . 80 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 , 515 . 00 • (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . FINANCIAL REPORT RESOLUTION N0 . Motion by Councilman Cramer , seconded by Supervisor Desch , Town Board 18 December 31 , 1986 RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the November Financial Report . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . LEXINGTON DRIVE - ESCROW ACCOUNT RESOLUTION NO . Motion by Supervisor Desch ; seconded by Councilman Cramer , • RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the recommendation of the Town Staff in accepting that an escrow account in the amount of $ 11 , 000 be established in anticipation of that the gravel base and surface treatment be completed for Lexington Drive , Otto Schoenfeld Estate . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION NO Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns into Executive Session to discuss a personnel matter and land acquisition . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . I RESOLUTION N0 . Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . LAND ACQUISITION RESOLUTION NO Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby • authorize the making of an offer to Mrs . Gladys Hall for the amount authorized in the Appraisal Report prepared by Mr . Edward Austin . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . TOWN ENGINEER RESOLUTION N0 . Town Board 19 December 31 , 1986 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby offer the position of Town Engineer to Robert Flumerfelt at a salary of $ 36 , 000 beginning January 1 , 1987 , and FURTHER BE IT RESOLVED , that Mr . Flumerfelt be on a six month probation with reevaluation on July 1 , 1987 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . • ADJOURNMENT The meeting was duly adjourned . 2Tbwn Clerk