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HomeMy WebLinkAboutTB Minutes 1987-04-13 TOWN OF ITHACA REGULAR BOARD MEETING April 13 , 1987 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 13th day of April , 1987 , there were : PRESENT : Noel Desch , Supervisor Shirley Raffensperger , Councilwoman Gloria Howell , Councilwoman Patricia Leary , Councilwuanan ABSENT : Henry McPeak , Councilman Marc Cramer , Councilman Robert Bartholf , Councilman ALSO PRESENT . Robert Flumerfelt , Town Engineer Robert Parkin , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Susan Beeners , Town Planner John Barney , Town Attorney Norbert Schickel , Eastwood Commons Ed Cobb , 1005 Danby Road J . Peck , 1021 Danby Road Karl Niklas , 1005 Danby Road Mary Wessel , 1013 Danby Road Representatives of the Media . Fred Yahn , Ithaca Journal PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . I REPORT OF TOWN OFFICIALS Supervisor ' s Report Water and Sewer Project Supervisor Desch reported that the referendum period has expired an no petitions were filed . The design phase is moving along and we will soon be contacting Albany to find out where our application for approval by Audit and Control stands . We have an item on the agenda for additional technical support perhaps to design the water pump station and/ or the sewer pump station , what ever . He went on to say the problem being with all the other projects that are on the board , some kind of a balance will be needed to keep all the things moving . He went on to say that they had received a proposal from Stearns & Wheler but it ' s not in the realm of doing . Miscellaneous At some point we should consider an executive session as we have three zoning cases that may involve litigation that the Town Town Board 2 April 13 , 1987 Attorney will have legal information on . He went on to say another item kind of relating to zoning , future legislation , we have had a number of cases in the past few years where property owners are filling in holes on their property or low areas or whatever without the benefit of any Town involvement or any Town plan . There isn ' t any control at the moment . There are a lot of reasons why this can be detrimental even in those cases that don ' t fall into wetland or flood zone . He went on to say the thing that he is increasingly concerned about are the discussions about new County landfills and the cost to dispose of materials in those landfills will put pressure on those contractors to dispose of construction material in other fill areas . We have seen this in a couple of places in the Town and what I ' m thinking of potentially is a local law that will legislate the kind of material that can be deposited and require a plan to be submitted when fill is over a certain volume and/or depth . The other question is , some of these cases go on for quite a number of years where a little filling is done at a time so that the earth lay bare with no vegetation for a long period of time . Obviously where we are involved with subdivisions we have the necessary control because we have the site plan which is carefully designed and monitored . East Ithaca Circulation Supervisor Desch stated that the East Ithaca Circulation Committee , there is some wording the the draft Newsletter which is perhaps worth reading - it ' s under the title of Judd Falls Road One-Way Experiment - "The one-way experiment will end during the day on May 15 , 1987 . Evaluation of the experiment and development of recommendation for permanent improvements will be prepared in conjuction with work of the Tompkins County East Hill Circulation Study Committee chaired by County Representative Stuart Stein . That Committee consists of City and Town representatiaves and is currently considering a study of the entire East Ithaca roadway networks and the influence that various alternatives , such as the one-way system in Forest Home , will have on the Ithaca Community . The study if funded could be completed by December 1987 . Permanent improvements could then take place in 1988 and beyond . It is quite probable that the first step should be the upgrade of the portion of Caldwell Road from the College of Veterinary Medicine to Forest Home Drive . " The Supervisor went on to say that the problem with the study is that if it is funded , it means that no permanent improvements can be done in the Forest Home area until 1988 or beyond so he stated that he was suggesting that it would be worthwhile to move forward if we can devote the staff time to get the design of the upgraded Caldwell Road ready so that perhaps it could be a project to be done over the fall and winter as there is a fair amount of excavation involved , grading and that sort of thing . He stated that it seemed to him that that is one of the first steps , regardless of whether we build a by-pass or make Judd Falls Road one-way or whatever . Southern Cayuga Lake Internmnici_pal Water Commission Supervisor Desch stated that he has not , in the past , reported on the Water Commission activities and he also felt the Board members should have a copy of the minutes . Most of it is pretty routine , however , we are entering a substantially different phase of activity partially as a result of the Trust Company getting out of the utility billing on July 1st of this year . At the current time we are running our own billing program in parallel with the Trust Company so that we will be ready to go on line with the July billing . Having gone through the agony of getting our own system set up it has become quite clear we are understaffed in the administrative area and the Commission today approved this new Town Board 3 April 13 , 1987 position , you have a job description in your packet of information . They will be advertising for this position over the coming weeks . The relative rapid growth in the five member municipalities will place an additional burden on our technical staff and administratively there are a lot of details that just need to be handled on a more effective basis . Town Engineer ' s Report Town Engineer Robert Flumerfelt noted that in the Board members folders was a single page report beside the items on the agenda . The staff is currently working on the hospital access road , primarily now on the road alignment and drainage plans . Negotiations are still in progress for obtaining the land that we • need for that road . The Highway Department heating system , we have now received the contractors bond and insurance certificate but they needed to be modified slightly , so they have been returned to the contractor . Hopefully we will be able to get the contract signed within a week . He went on to say that Highway Superintendent Robert Parkin ' s crews have been working on Forest Home Drive and working on the gabion baskets at the walkway , this is ahnost complete . Some top soiling and bank grading still needs to be done . We are making preparations for guardrails along the reconstructed sections . The final paving of that portion of the road will be coordinated with Cornell as they reconstruct their section to the west . The Engineer went on to say that there are several subdivision site plans reviews in progress . We are now taking traffic counts on Judd Falls Road now that the traffic has more or less stabilized since the beginning of the one-way experiment . We hope to have some good counts to compare . He went on to say that there was one other item , that Tompkins County this year again has a matching funds program for stream preventative maintenance program to reduce the impact of floods . We have applied in previous years for portions of amounts to make improvements on drainage ways . This year we will again apply . He stated that he was thinking of the Park Lane drainage way down toward where it runs to Slaterville Road , Councilwoman Howell stated that she did not understrand the road counts too well but is there any way to tell how many cars go the wrong way on Judd Falls Road , through the one-way . Town Engineer Flumerfelt responded no , not the way they are set up . Councilwoman Howell stated that she had been faced with this problem many times . Town Engineer Flumerfelt stated that there have been a lot of complaints about this . He went on to say that he had asked the Cornell Safety Patrol to step up their patrolling of this area . Highway Superintendent ' s Report Highway Superintendent Robert Parkin stated that he had nothing to add to his written report , which Board members have . He noted that the new dump truck had arrived at Spencer Ford and Blackwell ' s have installed the dump body and hoist and snow equipment . We should receive it this week . Building Inspector/ Zoning Officers Report Town Board 4 April 13 , 1987 Andrew Frost , Building Inspector/ Zoning Officer noted that the Board members had his written report which is self explanatory . Five complaints were investigated . One sign permit issued . Sixteen buildings were inspected . These inspections were at multiple dwellings . When we have a fire in the Town of Ithaca we receive notification from the fire department and in most cases we are required to inspect those fires . Town Planner ' s Report Town Planner Susan Beeners stated that she had presented a quarterly report to the Board to show the Board what has been happening over the last few months . It also describes some of the • committees she participated in . Report of County Board of Representatives County Board of Representative Beverly Livesay stated that she would like to make a continent on the Park Lane drainage . She stated that it seemed to her that a few years ago that project was submitted and was deemed not to be eligible because it was a interior , or subdivision drainage problem rather than a stream problem . She stated that she thought she would report this now incase the Town wanted to work on another project that might be considered more eligible . She went on to say that she noticed in the County B&A Committee meeting today that some budget transfers for the CHIPS program were approved for Warren Road and Dubois Road projects . These are County road within the Town and she asked if. there were any problems or if the Town and County had good working relations ? Supervisor Desch remarked that the Town looked forward to the Dubois Road was the intersection relocation , but questioned what was happening on Warren Road? Mrs . Livesay stated that she thought it was primarily drainage on the hill . The people in the area would like scene improvements made for pedestrians and bicyles , at the same time . I have mentioned that to the committee . Mrs . Livesay went on to say that another big issue was the landfill siting issue . The issue of whether we should develop a benefits package or a hold harmless package for the municipality that wins the landfill . And whether this should be developed ahead of time or negotiated with the municipality . She stated that she felt it should be developed ahead of time and then it would be what the County would offer regardless of the municipality . Supervisor Desch stated that the Town is very concerned about the site in Enfield fronting on Sheffield Road as there are 45 residents there and Enfield has a mobile home park also adjacent to it . • Mrs . Livesay responded that there are several situations where the community that gets the landfill will not bear the major impact , the impact will be borne by the adjoining communities . Supervisor Desch responded that it points to the desirability of having the plan in place ahead of time . However , it should not stop at the municipal boundary in terms of its affect on land uses and property values , road problems , other environmental aspects . Town Board 5 April 13 , 1987 Mrs . Livesay reported that the Summer Youth Employment Program will be starting up again soon . Supervisor Desch responded that the Town probably would not be taking on as many as we have in the past . Town Attorney John Barney remarked that there seems to be some confusion over the workmans compensation responsibility . Mrs . Livesay responded that they are employees of the municipalities , the County pays one-half of the salary up to a certain point but all of the responsibility of the employees has been with the municipality that does the hiring . The municipality bears the responsibility for the hiring , for the supervision , etc . • Mrs . Livesay went on to say that she had been asked by Councilman Cramer why the County was letting the Fire Investigation Committee go . The answer that we got at the Board meeting was that apparently there are some organizational problems . We started it under a grant and for the County to continue , we need to make some changes into it . It was referred to the Fire Advisory Board or committee of theirs . It came back out and was tossed back to the County ' s Public Safety Committee . It got down to the wire but it was thought we couldn ' t go on without knowing what we were doing and we weren ' t ready to know what we were doing so I think it was not the intention that the program be ended , although it has , it will need to get the answers to these questions then a plan can be submitted to the County . Mrs . Livesay noted that the County was looking for a new attorney , 6 / 10 time starting about July 1st , she believed . TOWN SPRING CLEAN-UP DAY RESOLUTION NO . 79 Motion by Councilwoman Howell , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby establishes Monday , April 27 , 1987 , as Spring Clean Up Day in the Town of Ithaca . (Desch , Raffensperger , Cramer , Howell and Leary voting Aye . Nays none ) , CORNELL TRADITION PROGRAM RESOLUTION NO . 80 Motion by Councilwoman Raffenpserger ; seconded by Councilwoman Howell , WHEREAS , there is a need for additional skilled employees during the summer months in the engineering , planning and parks departments , and WHEREAS , the Town of Ithaca has an opportunity to participate in the Cornell Tradition program whereby Cornell students can work for the Town , in jobs relevant to their course of study , and the Town would be reimbursed for 50 % of the salaries , Town Board 6 April 13 , 1987 NOW THEREFORE BE IT RESOLVED , that approval is hereby given by the Town Board of the Town of Ithaca for the Town to employ four Cornell Tradition students in the following areas : One Planning Aide - Planning Department - salary $ 5 . 00 - $ 6 . 00 /hour to be charged to appropriation account B8020 . 100 Planning Personal Services , included in 1987 budget . Two Engineering Aides - Engineering Department - salary $5 . 00 - $6 . 00/hour to be charged to appropriation account A1440 . 100 Engineering Personal Services , included in 1987 budget . One Landscape Architect/Park Management Aide - salary $ 5 . 00 - $ 6 . 00 /hour to be charged to appropriation account B7140 . 100 Parks Personal Services , included in 1987 budget . Employment period would be for twelve weeks between May 21 , 1987 and August 26 , 1987 , 37- 1 / 2 hours per week . (Desch , Raffensperger , Howell , and Leary voting Aye . Nays - none) . WATER ACCOUNT REFUNDS RESOLUTION N0 , 81 Motion by Supervisor Desch , seconded by Councilwoman Howell , WHEREAS , in March 1987 , the Town of Ithaca took over , from the Village of Cayuga Heights , the sewer billing for Town of Ithaca residents , and WHEREAS , Gary Duffy , 340 Warren Road was billed for sewer , and WHEREAS , Mr . Duffy has never connected to the public sewer , NOW THEREFORE BE IT RESOLVED , that the Town Board fo the Town of Ithaca hereby authorizes a refund of $3 . 40 for sewer to be made to Gary Duffy , 340 Warren Road , Ithaca , New York , Account Number 188-0226372 . (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none) RESOLUTION NO . 82 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , WHEREAS , in March 1987 , the Town of Ithaca took over , fran the Village of Cayuga Heights , the sewe billing for Town of Ithaca residents , and WHEREAS , R . Page Dinsmore , 313 Warren Road was billed for sewer , and WHEREAS , Mr . Dinsmore has never connected to the public sewer , NOW 'THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 11 . 55 for sewer be made to R . Page Dinsmore , 313 Warren Road , Ithaca , New York , Account Number 188-0222703 . (Desch , Raffensperger , Howell , and Leary voting Aye . Nays - none) . RESOLUTION NO . 83 Town Board 7 April 13 , 1987 Motion by Councilwoman Raffensperger , seconded by Councilwoman Howell , WHEREAS , in March 1987 , the Town of Ithaca took over , from the Village of Cayuga Heights , the sewer billing for Town of Ithaca residents , and WHEREAS , E . Kimball Milling , 206 Muriel Street was billed for sewer , and WHEREAS , Mr . Milling has never connected to the public sewer , NOW THEREFORE BE IT RESOLVED , that the Town Board fo the Town of lithaca hereby authorize a refund of $ 22 . 33 for sewer be made to E . Kimball Milling , 206 Muriel Street , Ithaca , New York , Account Number 184-0205826 . (Desch , Raffensperger , Howell , and Leary voting Aye . Nays - none) . RESOLUTION NO , 84 Motion by Supervisor Desch ; seconded by Councilwoman Howell , WHEREAS , Albert George , 119 Pine Tree Road paid a corrected reading water bill on February 1 , 1987 , WHEREAS , the payment and the March bill occurred so close together that the arrears plus the penalty were posted to the March water bill , and WHEREAS , on March 8 , 1987 , Mr . George paid his March water bill which included arrears plus penalty , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $ 83 . 28 for water , $ 14 . 08 for water surcharge , $ 66 . 64 for sewer and $ 16 . 36 for penalty , total refund of $ 180 . 36 be paid to Albert George , 119 Pine Tree Road , Ithaca , New York , Account Number 170-0154446 . (Desch , Raffensperger , Howell , and Leary voting Aye . Nays - none ) . Councilwoman Raffensperger asked why there were so many people not hooked to the sewer? Supervisor Desch responded that is was a good question and was revealed only because this is the first quarter we have billed for sewer on consumption . The Board needs to make a decision as to whether or not we enforce the requirements that people be connected . The grace period has long been over . Councilwoman Raffensperger remarked that as she recalled , we requested that people connect . • EASTWOOD COMWNS RESTRICTIVE COVENANTS AND BY-LAWS Supervisor Desch asked the Town Attorney where he was in his review? Town Attorney Barney responded , page 10 of the Covenants . The Supervisor asked the Town Attorney what cents he had in general , prior to page 10 . Town Board 8 April 13 , 1987 Town Attorney Barney responded that he had no real comments or any major problems . He went on to say that he did have a question to ask Mr . Schickel , how mechanically will they be applied to the lots in the course of development . The parcel that is covered by these covenants is not described in the draft that we have here . Mr . Norbert Schickel responded , all of the Phase III property will ultimately be eligible to be annexed but initially it will just be the area of the two buildings that we are building but eventually the pavilion area will become a part of the common area . Town Attorney Barney questioned , then when this declaration is filed , it will be filed only in respect to two lots . • Mr . Schickel responded , two buildings , a four unit building and a six unit building , ten units and then subsequently as additional buildings are built they will be annexed . Eventually the balance of the property can come under the covenants . Town Attorney Barney asked if at the moment that area is not subject to any other declaration ? Mr . Schickel responded , that is correct . Supervisor Desch questioned how the Town of Ithaca should be included . He stated that in the case of Commonland , we were included , giving the Town certain rights . This is mainly to insure enforcement of ordinances and codes . Town Attorney Barney responded that Commonland had some provisions which he stated he was not sure had been included in Eastwood Commons covenants nor was he sure they had been imposed on Eastwood Commons , relating to occupancy which he thought was the principal reason the Town was part of the covenants . He stated that it would be a very simple to put in the same language . Supervisor Desch responded that he would like to go back and look at Commonlands Covenants to see what the Board had done . The Supervisor then asked Mr . Schickel what his timeframe was ? Mr . Schickel responded , two months ago . We are very anxious to get this submitted to the Attorney General . We are late , real late . He stated that he would outline the basic differences between this declaration and the one presently in force . Basically there are slight differences in the way the maintenance fee is exculated . The present declaration says it may go up with cost of living , by action of the Board , but anything in excess of that requires a 2 / 3 vote of the members . In this declaration , it does automatically go up if the cost of living goes up and it may go up less or more with a 2/ 3 ' s vote of the members . The other provision that is new to this declaration is the provision for the pavilion , that is we will be making a provision for the pavilion and for the fact that the pavilion will initially not be owned by the association . The financing of the pavilion requires that it not be a part of the association property until a certain number of units have been • built . It will be leased in the beginning with each unit owner bearing 1 / 65th certain operating costs until such time as it becomes part of the common area . Those are the principal differences , others are just technical . Supervisor Desch remarked , once the association takes over the pavilion it will be responsible for such things as liability insurance , accident insurance , etc . Mr . Schickel responded yes and while it is being leased it will be the owners responsibility . 07 Town Board 9 April 13 , 1987 Councilwoman Raffensperger remarked , these Covenants and By-Laws in no way restrict the rights of the residents in Eastwood Commons Phase I ? Mr . Schickel responded , not at all . In fact it provides that they might become a member , eventhough they are not paying for it , they will be a way that individual , who choose to be users of the pavilion , will have the ability to become members . Supervisor Desch asked Mr . Schickel if he had final site plan approval for Phase III , so you are ready to go except for building permits on Phase III ? • Mr . Schickel responded no , we are still working with the Health Department . The problem is it ' s a chicken and egg kind of thing , you have to have this before you can get the financing , the offering plan , etc . , one thing follows on the tail of the other . . Town Attorney Barney stated that he noticed it had the same breakdown between Class I and Class II lots . Since this is only going to be applying to lots as you sell them , will you have any Class II lots ? Mr . Schickel responded , yes you may . As an example , if you annexed ten units and you sold four , you would have Class II lots left . Depending on the way it is annexed , that provision is the same as it was in the other one . DECLARATION OF COVENANT'S AND DEED RESTRICTIONS FOR DEER RUN SUBDIVISION Supervisor Desch noted that the Board had also just received copies Of the covenants and deed restrictions for the Deer Run Subdivision . He then asked Mr . Niederkorn to present to the Board a brief overview of the project . Thomas Niederkorn representative for the developer of the Deer Run Subdivision showed the Board members the plans that were presented to the Planning Board . He stated that the developer owns 120 acres of land . The topography is 10 % or greater slope . Initially we laid out a conventional subdivision so that we could show the Planning Board how many units we would be able to get on this 120 acre site . Then we got approval to do a cluster subdivision which involves a Planning Board site plan review . You can see the lake from certain portions but primarly it overlooks East Hill and the Cornell Campus . The cluster consists basically of consolidating , which allowed us to get 180 units on this site . We consolidated 150 of them into cluster and the remainder on conventional lots on small cul-de-sacs . The clusters are for sale houses and there are 39 clusters . They are in groups of four except for Phase I , there are five phases . There will be clusters of three , cluster of four and cluster of five . There will be two types of units , those on the up hill side of the road and those on the down hill side of the road . The reason for the difference is related to the view , since • all of the view is out to the East they had to have a different arrangement of the roans and garages so that each unit would be able to take maximum opportunity with the view . That is the reason these units are laid out the way they are . Each unit would have it ' s own driveway . He went on to say that the units were basically two bedrooms , there are a few three bedroom units . The down hill ones have the option of a basement because of the slope of the land , Mr . Niederkorn , on a plan , pointed out the open spaces . He stated that basically there is a three acre park that will be given to the 205 Town Board 10 April 13 , 1987 Town , if the Town wants it . He stated that the park is located so that it will tie into the Town pumping station and the NYSEG right-of-way which gives you an extension of the recreation opportunities . He stated that the NYSEG right-of-way on the other end ties into an approximately 40 acre lot which is to be undeveloped and the reason it is undeveloped is because we are quite sensitive to Cornell ' s environmental needs with the South Hill swamp . Cornell is very concerned about bees and about certain kinds of birds , etc . If we can stay , almost entirely from that area , it would be much better to do so . The area is heavily wooded . He stated that the developer is in the process of deeding the 40 acres to Cornell . It is the intent that the whole 40 acres will remain forever undeveloped . There are other open areas but • they are just ccxmmon lands all around the clusters . There is roam for a community garden if the association desire this . Councilwoman Raffensperger remarked , you said there were 150 cluster units , are there units that are not clustered? Mr . Niederkorn responded yes , there are 28 conventional single family homes . Councilwoman Raffensperger asked what stage was this project in at the Planning Board? Town Planner Beeners responded , the applicants have described to the Planning Board the concept that they will be putting into the covenants and deed restrictions , so the Planning Board is aware of those but they have not seen them . She stated that she understood this was not a necessary practice if the concept of the project has been approved . Councilwoman Raffensperger stated that what she was really asking is have they gotten site plan approval or preliminary or final approval ? Town Planner Beeners responded they have received preliminary subdivision approval for the entire project with final subdivision approval for sixteen units in Phase I with certain conditions applied to any final subdivision approval . Supervisor Desch suggested that the 23rd of April at noon was a possibility to consider the covenants and deed restictions , if agreeable with the other Board members not present . PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Proof of posting and publication of notice of a public hearing to consider an ordinance amending and restating the ordinance regulating traffic and parking in the Town of Ithaca having been Presented by the Town Clerk , the Supervisor opened the public hearing . • Supervisor Desch asked the Town Attorney if the ordinance was ready for adoption ? Town Attorney Barney responded no , the Town Engineer and the Highway Superintendent gave us a list of the stop signs and these need to be incorporated into the ordinance . Supervisor Desch remarked that the Board has had a long list of stop signs for quite sometime , are you saying this needs to be referred to in the ordinance ? 203 Town Board 11 April 13 , 1987 Town Attorney Barney responded that the list needs to be incoporated into the language of the ordinance . The long list includes County and State roads also , and we cannot govern County and State roads , so incorporating a list is not accurate . RESOLUTION N0 , 85 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the public hearing to consider an ordinance amending and restating ordinance regulating traffic and parking in the Town of Ithaca until May 11 , 1987 at 7 : 00 P .M . • (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none) . CALL-IN POLICY FOR HIGHWAY DEPARTMENT RESOLUTION NO . 86 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Howell , WHEREAS , the Highway Department employees have requested a policy dealing with reimbursement when called in to work outside their regular hours , and WHEREAS , the Personnel Committee has net with the Highway Department employees and Highway Superintendent to discuss a policy , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that the following policy recommended by the Personnel Committee and the Highway employees be approved : Employees in the Highway Department who are called in to work outside their regular working hours will be guaranteed a minimum of four hours pay . For example : Highway employee called Paid in and works : for : 2 hours 4 hours 4 hours 4 hours 8 hours 8 hours AND FURTHER BE IT RESOLVED , that Highway Department employees called in on an emergency will be ccnpensated , to a maximum of one-half hour , for travel to work . (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none) . • SALARY INCREASES Councilwoman Leary stated that she felt the position of Secretary was higher than the position of Clerk/Typist? Supervisor Desch responded no , this particular position also includes payroll duties plus time of service involved . RESOLUTION NO . 87 199 Town Board 12 April 13 , 1987 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , WHEREAS , Mary S . Bryant has canpleted three months satisfactory employment as Department Secretary in the engineering , planning , zoning and highway departments , and WHEREAS , as a condition of her employment it was agreed that a salary increase be considered at the end of three months satisfactory employment , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that the salary for Mary S . Bryant be hereby increased from $ 6 . 50 /hour to $ 7 . 00 /hour effective March 29 , 1987 and • WHEREAS , the Personnel Committee agreed to consider a salary increase for Patricia Punger to bring her salary more in line with her job responsibilities , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that the salary for Patricia M . Punger , Payroll Clerk/Typist , be increased from $ 7 . 00 /hour to $7 . 50 / hour effective March 29 , 1987 . (Desch , Raffensperger and Howell voting Aye . Nays - Leary) TOWN OF ITHACA VUU�RANTS RESOLUTION N0 . 88 Motion by Councilwanan Howell , seconded by Councilwcanan Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated April 13 , 1987 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . $ 88 , 933 . 81 General Fund - Outside Village . . . . . . . . . . . . . . . $ 16 , 211 . 63 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 79 , 544 . 88 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 , 759 . 74 Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 , 056 . 60 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 1 , 250 . 00 Lighting Districts Fund . . . . . . : . . . . . . . . . . . . . . . $ 455957 (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 89 Motion by Supervisor Desch ; seconded by Councilwanan Howell , RESOLVED , that the Bolton Point Warrants dated April 13 , 1987 , in the Operating Account are hereby approved , in the amount of • $ 77 , 982 . 84 after review and upon the reconmendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for Payment • (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none) . TECHNICAL ASSISTANCE FOR WATER/SEWER PROJECT 193 Town Board 14 April 13 , 1987 below base flood level if they are going into an existing manufactured home park . The regulations have changed so that that is no longer permissible . The placement of any new manufactured home or substantial improvement has to be done above base flood level . He went on to say that there is also what they call a clarification as far the requirement for mechanical and utility equipment , that has to be above base flood level or secured such that it prevents water from entering and accumulating inside the equipment . There was a change made in the definition of start of construction , you have to get a development permit by the start of construction . Previous to this point , in the current ordinance , there was different starts of construction for different types of buildings . One special type of building was a building built on • piles or columns , the start of construction did not occur until you started putting the frame up . FEMA has now eliminated that special type of classification and the start of construction for those types of buildings is the same as other buildings . They also made some minor clarifications as to the information that communities gather for these regulations . After these FEMA regulations came out , NYSDEC drafted a model local ordinance to conform with these changes and we reviewed that and we took some of the procedural steps in that model ordinance and incorporated them into our existing ordinance . Basically what those things were were a more clear enumeration of the things that have to be in a application for a development permit that is submitted to the Building Inspector . It also requires that the owner of the property certify that the building has been completed in conformance with this local law . It also clarifies that work or development is being done and there is not a development permit , that the Building Inspector can issue a stop work order at any day . Any work accomplished after the issuance of the stop work order is subject to the penalty provisions . Finally it adds the requirement that before the occupancy of any building or the completion of any development it isn ' t a building , the owner must get a certificate of compliance from the Building Inspector that the work has been done according to the local law . We also added a number of definitions , which are federal definitions , to our local ordinance which basically just clarifies the terms that are already existing in our local ordinance . Supervisor Desch questioned , those things that were in our local law that were stricter than the original requirements we pretty much kept in here , right? Mr . Ruswick responded correct . The federal regulations , as they existed , permitted have a space below a structure that was not developed that could be built over the base flood level , our existing local law did not permit this . This ordinance continues that , so that eventhough federal regulations permit you to have a garage underneath the building that was below the base flood level , under our ordinance as it exists and under the proposed ordinance you would not be permitted to have that . There are some new changes under the federal regulations that are more liberal than what we have such as the federal regulations now allow you to place mobile hones in a flood way , our existing ordinance says you cannot • place mobile homes in a flood way . This ordinance continues that saying that mobile homes cannot be placed in a flood way . A flood way is basically the path but can be any area inundated in a 100 year flood . Supervisor Desch noted that we also keep the frame tie requirement which is no longer mandated , over the top ties and frame ties . Mr . Ruswick responded yes . The old regulations required specific tie down requirements for mobile homes , the new regulations are 1. 91 Town Board 15 April 13 , 1987 less specific on that . We have kept the original tie down requirements in this ordiance . RESOLUTION NO . 90 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn the public hearing to amend Local Law # 5 - 1985 , relating to Flood Damage Protection to May 11 , 1987 , at 7 : 15 P .M . (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none ) . • KAY STREET DRAINAGE PLAN RESOLUTION NO . 91 Motion by Councilwoman Howell , seconded by Councilwoman Raffensperger , WHEREAS , drainage and paving improvements for Kay Street have been planned for construction in 1987 by Town forces , and 1 ) meetings with area residents have been held to discuss alternative drainage plans and identify particular concerns of neighborhood residents , and 2 ) it has been determined that a minimum impact solution to drainage deficiencies involving deepening of roadside swales where necessary and replacement of driveway and road crossing culverts to require grade is desired by residents and is feasible from and engineering standpoint , and 3 ) it is proposed that sod be cut and removed from roadside swales prior to their reshaping , and that it then be replaced preserving the presently well-established lawns to the maximum extent possible , and also , controlling erosion , and 4 ) it is proposed to resurfacr the roadway with a two course hot mix asphalt concrete overlay , and 5 ) the estimated total cost of the above improvements is $ 24 , 000 , and is included in the Budget for 1987 Highway Fund Permanent Improvements Accpimt DB5112 . 453 , NOW THEREFORE BE IT RESOLVED , that the above drainage and paving improvements be scheduled for accomplishment by Town forces in late April and May , 1987 . (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE BY REZONING FOUR PARCELS OF LAND ON DANBY ROAD , TOWN OF • ITHACA TAX PARCEL NO . 6-43-1-7 , 6- 43-1-8 , 6-43-1-9 AND 6-43- 1-10 FROM MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICT R-9 Proof of posting and publication of notice of a public hearing to consider a local law amending the Zoning Ordianance by rezoning four parcels of land on Danby Road , Town of Ithaca Tax Parcel No . 6-43-1-7 , 6-43-1-8 , 6-43-1-9 and 6-43-1-10 from Multiple Residence District to Residence District R-9 having been presented by the Town Clerk , the Supervisor opened the public hearing . 189 Town Board 16 April 13 , 1987 Supervisor Desch noted that the Board had already considered the rezoning but because of a technicality we wanted to make sure the proper notification and posting was done . He asked , if since the last public hearing , there were any comments that anyone would like to make . Mary Wurzel , 1013 Danby Road stated that the neighbors , the four houses , have written a petition and had it signed asking that the area be returned to a R-9 zone . She stated that all the information pertaining to this had already been discussed . Supervisor Desch responded yes , and we know you are on record pertaining the rezoning of the other area , 1010 and 1011 Danby • Road , also . Supervisor Desch asked the Town Planner if she had any convents as to what was happening to the Hermann property? Town Planner Susan Beeners , responded the site plan review problems that we would have would make it possible to , if a future proposal does come in for that one property , to examine it and to hopefully come up with a resonable density that would be equivalent to the R-9 zoning which is being requested now for the four lots . As far as updates on that whole Lambrou project , the project was denied by the Planning Board several months ago and she stated that she had not had a further inquiry from Mr . Lambrou . She stated that she advised Jack Hermann and his co-owners of the 28 or so acres to cone in with a sketch plan for the entire district which could put any possible future development into some kind of perspective . She stated that she basically described to Mr . Hermann her concerns as far as the drainage which is a key element in any kind of a development of that parcel and the needs of achieving some conpatable densities . She stated that she also suggested the possibility of them using cluster , so we may see something . Karl Niklas , 1005 Danby Road stated , just to put in a different perspective , there are two essential reasons for this request . One is that we feel that the four lots in question which will presumably be rezoned if the Town Board approves it this evening , have to be tied into the neighborhood which is already firmly established along Danby Road and we feel that this rezoning would accomplish that . Also , it provides a context in which it is reasonable to point out that the current vacant lot to the north of these four homes has to be dealt with appropriately , not only from the perspective of the Town Planner sensitivity about drainage and wild life but also that it is frontage property and there is a neighborhood community structure that is already established . So those are the two principal reasons . As no one else present wished to speak , the Supervisor closed the public hearing . Councilwoman Howell remarked that she would just like to review the proposal . She went on to question , these four lots that we are considering tonight , they already have hares built on them , they • are not vacant lots ? Supervisor Desch responded that is correct . LOCAL LAW NO . 7 - 1987 Motion by Councilwoman Howell ; seconded by Councilwoman Raffensperger , LOCAL LAW NO . 7 - 1987 185 Town Board 17 April 13 , 1987 A FOCAL LAW AMENDING THE ZONING ORDINANCE BY REZONING FOUR PARCELS OF LAND ON DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . S 6-43-1-74v 6-43-1-8 , 6-43-1-9 AND 6-43-1- 10 FROM MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICT R-9 The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 and subsequently amended , be further amended as follows . 1 . The zoning map dated July 1 , 1954 , as amended to date , is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law fran Multiple Residence District to Residence District R-9 . • 2 . This law shall take effect 20 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 . SCHEDULE A DESCRIPTION OF LANDS BEING REZONED FROM MULTIPLE RESIDENCE DISTRICT TO R-9 ON DANBY ROAD ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca , Tompkins County , State of New York , more particularly described as follows : BEING tax parcel No . s 6-43-1-7 , 6-43 -1-8 , 6-43 -1-9 , and 6-43-1-10 as shown on the Town of Ithaca tax map No . 43 as in effect on January 1 , 1987 , it being the intention to describe a strip of four adjacent parcels on the east side of Danby Road with an approximate depth of 150 feet fran the highway right-of way line and a length of approximately 589 feet alon the highway right-ofway line . Supervisor Desch called for a roll call vote . Councilwoman Howell Voting Aye Councilwoman Leary Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 7 - 1987 , was thereupon declared duly adopted . REPORT ON FIRE STATION SITES Supervisor Desch stated that this would be a brief report to the Town Board , the official action will be before the Town Zoning Board of Appeals on April 29th . They will be holding a public hearing to consider the use . There are three specific sites , one on South Hill and two on West Hill . The one on South Hill is a one acre site that is being donated by Ithaca College to the north of the present service entrance road to the rear of the football • field . Town Planner Susan Beeners continued , say that a number of sites were looked at on Coddington Road and in areas where road just cannot handle things . The Danby Road site will not have too much I mpact on existing residents , it will effect one or two existing homes but it is one of the few sites on South Hill that will not be smack in the middle of residences . This site is adjacent to a lot of non-residential lands and would have good coverage . 183 Town Board 18 April 13 , 1987 She went on to say that at the same time , April 29th , will be brought two alternative sites on West Hill . Again , based on a pretty exhaustive searches for something that would serve current City and Town needs as well as potential ones . Supervisor Desch continued , the two sites on West Hill , one is near the intersection of Bundy Road and Trumansburg Road , on the Perry Farm. The other one is a portion of Cornell ' s Odd Fellow Farm basically at the southeast corner fronting on Trumansburg Road . The Joint City/Town Site Planning Committee prefers the Odd Fellows site for a lot of reasons which will come out at the public hearing . He went on to say that it might be worthwhile to take a minutes to show what the footprint of the building might look like . • As the Town Planner did not have the material with her , the Supervisor asked Ms . Beeners to give the Board a mental picture . Ms . Beeners responded that the size of the building would be some where around 7 , 000 or 8 , 000 square feet with a double room so that you can get four vehicles in there , it would be a drive-in facility so that the fire trucks can drive in one-way and drive out through the front directly on the highway . There are approximately eight double rooms for the bunkers , that will be about sixteen people present at one time . Ithaca College wants to see a architectual design that is compatable with the remainder of the campus . There has been some discussion about the loss of small practice fields areas and the hammer throw field . We are trying to work with the concerns of the Athletic Department . After the Zoning Board of Appeals , if approval is given , then the committee will proceed with selecting architects to design either one or both of the facilities with a return to the Planning Board , at some time , for final site plan approval . Supervisor Desch remarked that they are looking at completing both of these stations by the end of 1988 . Councilwoman Raffensperger asked Supevisor Desch to explain the rational of the system that takes it to the Zoning Board of Appeals . Supervisor Desch responded , the Zoning Ordinance , it ' s a public building use , talks about fire stations , etc . A man in attendance stated that he would like to make one comment on having a fire station on Ithaca College Campus , it will be very handy for all of those false alarms . NEWSLE'iTER Councilwoman Raffensperger stated that she only had one conment , we know exactly whats in the water and sewer improvement project , but they don ' t . Councilwoman Howell noted that the section on Dog Control does not say that dogs should be tied up . • Supervisor Desch responded , they don ' t have to be , that is why it says complaint procedure for dogs not under voice control of the owner . Our local law does not go so far as to require dogs to be physically tied . If the dog is not creating a nuisance and is in your front yard you are okay . Councilwoman Leary remarked , where the Newsletter heading indicates it ' s the 27th , wouldn ' t it be more helpful to have it say how many this year . 181 Town Board 19 April 13 , 1987 The Board concurred that this change was desirable . PERSONS TO BE HEARD No one present wished to speak . MODIFICATIONS TO VAULT DOORS Supervisor Desch stated that the Town Engineer did some work on trying to solve a few problems with the Board Room . One idea was to build a fire door inside of the large vault door by taking the • vault door off and having it swing in the other direction so that we would pick up more space . However , in looking up and down both sides of that question , that ' s not a simple inexpensive proposition as you see by the $ 1 , 900 estimate . Ironically , when we put this table in here the other day , we didn ' t loose very much because of the door . The problem we face is whether the gain , that we would achieve , is worth the expense . The other vault door just involves changing the lock to a key . He asked the Board to give it some thought . SALES TAX RESOLUTION Supervisor Desch remarked that this has been an item in the back of his mind every since our tax bills came out in January and I began to get quite a bit of heat after we told people we were having a 9 . 9 % tax increase and how cane their tax bills showed a 21 % increase . When I went down through the explanation of how the County property tax worked they weren ' t quite sure that they believed me , for which I don ' t blame them . He went on to say that it comes about by shifting from a fairly substantial credit against the Town tax to a small charge . Some of the other Town Supervisors ran into a larger buzz saw than I did . He stated that in the case of the Town of Lansing the rate went up more severly than the Town of Ithaca . Newfield was the only Town that ended up with a credit this year . The procedure is very simple . He asked the Board members present if they had any negative comments . Supervisor Desch stated that perhaps we can consider this resolution on April 23rd , when we have a full Board . FINANCIAL REPORTS RESOLUTION N0 , 92 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the Financial Reports for the months of February and March 1987 . (Desch , Raffensperger , Howell , and Leary voting Aye . Nays - none) . • EXECUTIVE SESSION RESOLUTION NO , 93 Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss pending litigation . (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none ) . 1 7.9 Town Board 20 April 13 , 1987 RESOLUTION NO , 94 Motion by Supervisor Desch , seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into open session . (Desch , Raffensperger , Howell and Leary voting Aye . Nays - none ) . RESOLUTION N0 , 95 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , • RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to initiate appropriate legal proceedings on the three zoning cases . (Desch , Raffensperger , Howell , and Leary voting Aye . Nays - none) . ADJOUR Z= The meeting was duly adjourned at 7 : 55 P .M . O Town Clerk •