Loading...
HomeMy WebLinkAboutTB Minutes 1987-05-11 TOWN OF ITHACA REGULAR BOARD MEETING May 11 , 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 11th day of May , 1987 , 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 : Robert Parkin , Highway Superintendent Robert Flumerfelt , Town Engineer John Barney , Town Attorney Bruce Brittain , 135 Warren Road Harriet B . Brittain , 135 Warren Road Ruth Mahr , 103 Judd Falls Road Wayne Stokes , 109 Judd Falls Road Beverly Livesay , Board of Representatives Marjorie Goldsmith , 117 Judd Falls Road Edwin B . Oyer , 117 McIntyre Place Mary Ann Oyer , 117 McIntyre Place William W . Goldsmith , 117 Judd Falls Road Margery Shipe , 236 Forest Herne Drive Frank Shipe , 236 Forest Home Drive Representatives of the Media : Stephanie Siegel , FM 93 News Mark A . Webster , WPKO Fred Yahn , Ithaca Journal PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF 'TOWN OFFICIALS Supervisor ' s Report Fire Station Sites Supervisor Desch stated that probably the Board members were already aware of the fact that the Town of Ithaca Zoning Board of Appeals approved two sites for the new Fire Stations . He stated that he was circulating a copy of the environmental assessment form and the schedule . Requests for proposals to architects have now been sent out and it is expected that a selection will be made at a joint meeting of the Committee and the Board of Fire Commissioners on June 15 , Water/Sewer Project Supervisor Desch noted that the Town is still awaitng Audit and Control approval of the improvement . Field work is continuing Town Board 2 May 11 , 1987 including test borings . In order to provide a proper distribution of staff time , it may make sense to bid the project in phases namely , the Dubois Road , Woolf Lane , Trumansburg Road , Campbell Avenue and West Haven Road part first with some part or all of the remainder later in the Fall . For example , East Shore Drive sewer must be done when the lake level is down next winter . East Ithaca Circulation The Supervisor went on to say that at a meeting last Thursday , the County ad hoc committee settled on a proposed budget of $30 , 000 for the Richardson study which will include a truck observation survey . It is proposed that the participants share in the cost as follows : Cornell $ 51000 Town of I.thaca 51000 City of Ithaca 5 , 000 County 15 , 000 $30 , 000 He stated that he would like a concensus and perhaps a formal resolution committing the Town to this level of participation . All of the neighborhood association representatives at the meeting , indicated support for the study . Water Commission - Supervisor of Administration Supervisor Desch noted that the Commission is nearing completion of the interviews for this position . He noted that the Commission has received almost 40 applications , many in the outstanding category . So far , three have been interviewed with at least one more tomorrow . The new person needs to be on board within two week in order to be ready for the take over of the utility billing on July lst . Route 91 Study Supervisor Desch stated that the Niederkorn report will be presented to the public and to a joint meeting of the Common Council/Town Board and County Board on May 21 . Public questioning will then be permitted on June 4 at a meeting in Kulp Auditorium . The main report will be about 200 pages and there will be an executive summary of some 12 pages and 5 pictures . Sewage Treatment Plant Project The Supervisor went on to say that we have another grant amendment for over $ 100 , 000 . It has taken over three years to get it declared eligible . He noted that he was referring to the Cayuga Lake Study of the effects of the new outfall on the lake . This was a mandated part of the original approval but neither the State nor EPA would acknowledge eligibility . We had to do virtually a national literature search to find other examples of similiar studies having been funded . The results will not be known until at least one to two years after the new plant is in operation but so far it looks very favorable that there will not be an ammonia problem . Town Spring Clean-Up . Supervisor Desch noted that each year this event gets bigger to the point were it is taking well over one week . A constituent has suggested that next time (perhaps Fall Clean-up) that we do it by zones so that the material is not out by peoples houses for so long . New SEQR Regulations The Supervisor reported on the new SEQR Regulations which were adopted by the State in March have now been received by the Town . It means we will need to modify our local law . New forms are included . It will take sometime to draft the modification but he Town Board 3 May 11 , 1987 suggested that the new forms be adopted tonight , since the regulations are effective June 1st . Supervisor Desch noted that the presence of Mr . Thomas Cullen who wished to speak to the Board . Mr . Thomas Cullen , 402 Salem Drive stated that there was a water main break on Salem Drive which flooded his house . He went on to say that at first , the water company would not respond at all , he then called the fire department who called the water company and they finally came , two and one-half hours later . He stated that at that point he had six inches of water in his house . They shrugged • their shoulders and walked away , saying if you have any problems take them up with the Town of Ithaca . He went on to say that that was two months ago and with $ 1 , 800 worth of damages there he would like to get it fixed . Supervisor Desch asked Mr . Cullen if he was the first one to call in the water break ? Mr . Cullen responded yes . He stated that he had to go through two water companies , the first one said they were the wrong water company and they didn ' t know the phone number of the second water Company * Supervisor Desch asked if the break happened about 6 : 45 P .M . ? Mr . Cullen responded , yes . Councilwoman Howell asked if it was Bolton Point ? Supervisor Desch responded that it was the Town of Ithaca water system but the supply was from Bolton Point . Councilwoman Raffensperger remarked , was it Bolton Point that Mr . Cullen called and they didn ' t cone for how long? Mr . Cullen responded , two and one-half hours . Mr . Cullen went on to say that the Cayuga Heights Fire Department did cone but unfortunately their pumps didn ' t work . The water was coning so fast we just couldn ' t do anything , we put everything we could think in the way of the water . He went on to say that at the time he called , the water was just in the garage but by the time they got there it was six inches deep in the house . There is an apartment in the basement with hardwood floors and they buckled , the rugs have dried but still need to be cleaned . The carpet company wants several hundred of dollars before they will bring back the pad . The contractor wants money before he will cone in and change the floor . He stated that at one point , he called the insurance broker , Boothroyd . He stated that he was leaving the Country and they promised someone would be there the next day to look at the damage . No one showed up . Mr . Cullen stated that todate all he had received from the insurance company was a form letter stating they are going to investigate to find out if he was negligent . • Mr . Cullen went on to say that the water company did dig up the street and repair the leak but they did not want to know about anything else , nor could they suggest how I could get someone to give me a hand in cleaning up the damages , Supervisor Desch remarked , that as he understood it Mr . Cullen was in the process of filing a claim so that time does not run out on his damage claim . Town Board 4 May 11 , 1987 The Town Clerk gave Mr . Cullen a copy of the law which included the instructions on how to file a claim . Councilwoman Raffensperger asked what Mr . Cullen had to file ? Supervisor Desch responded a notice of claim . Councilwoman Raffensperger asked what that was ? Supervisor Desch responded , it has specific information relating to the incident and relating to the specific damage and cost of that damage . The insurance company looks at that and may say immediately that the Town is wholely responsible or they may say it • was an act of God . He went on to say that we have not had many cases where the Town has had to pay anything beyond insurance coverage but we also haven ' t had cases where the insurance has paid it all . They usually determine that it is an act of God . Councilwoman Raffensperger asked where does Mr . Cullen get these forms ? The Town Clerk replied there are no forms . The rules and regulations are under General Municipal Law , Section 50E , "the notice shall be in writing , sworn to by or on behalf of the claimant , and shall set forth : ( 1 ) the name and post-office address of each claimant , and of his attorney , if any ; ( 2 ) the nature of the claim; ( 3 ) the time when , the place where and the manner in which the claim arose ; and ( 4 ) the items of damage or injuries claimed to have been sustained . . . . . . . . . . . " . Councilman McPeak remarked , then he sums up the action that took place and his estimates . The Town Clerk replied , right . Councilwoman Raffensperger stated that it sounded like Mr . Cullen had already filed a claim . Town Attorney Barney replied no , there is a very clear statutory procedure that has to be followed . If you fail to follow that procedure , the claim would be disallowed by the insurance company . The Town Attorney went on to say that it has to be written , it has to be verified under oath , there is a whole series of provisions that flow from that that the insurance company has a right to investigate the claim . Actually they can call Mr . Cullen in , to be sworn under oath , have a stenographer and testimoney taken under oath on the validity of the claim . So there is a lot of things that flow from that and it is necessary that it occur and if it doesn ' t occur , the statute is like a statue of limitations , if it doesn ' t happen within 90 days from the date of the loss then there is no claim against the Town . Councilwoman Raffensperger asked Mr . Cullen if his own insurance company had not been helpful with this ? • Mr . Cullen responded , well they have made phone calls . Town Attorney John Barney remarked that it was not a terribly complicated notice of claim, only five or six items . Councilwoman Howell remarked , you have already heard from that insurance company anyway , so that step has been taken , something is wrong somewhere . Town Attorney Barney replied , don ' t mislead Mr . Cullen , the notice of claim has got to be filed within 90 days and it has to contain Town Board 5 May 11 , 1987 �i I the requirements set forth in Section 50E . He went on to say that it was not important whether Mr . Cullen had notified , written , called or done anything , that notice has to be properly served on Jean as Town Clerk . That ' s a prerequisite for any kind of action . Councilwoman Raffensperger questioned , then Mr . Cullen files this notice of claim and serves in on Jean? The Town Attorney replied , right . Then Jean sends it to Boothroyd , Boothroyd sends it to their company . Town Engineer ' s Report • Water & Sewer Town Engineer Robert Flumerfelt reported that the Supervisor had covered most of his report on the 1987 Water & Sewer Improvements . However , surveys are now completed for the West Hill area north of the hospital , also Taughannock Boulevard , the East Shore area and Warren Road . Campbell Avenue area is about 50 % completed , as far as surveying . We have yet to do West Haven Road , Maple Avenue and Vine Street areas . We will concentrate on West Haven Road next so that we complete all the West Hill areas and get that ready to go to bid first . We will be dividing the contract , as the Supervisor already indicated . The map plotting is progressing , the West Hill area north of the hospital , is all mapped and parts of Taughannock Boulevard and East Shore Drive are on maps . We have started the test borings , we started on Taughannock Boulevard because design wise , that was one of the biggest question marks . He stated that he thought we were going to be very lucky there in not discovering any solid rock , a few boulders , but he thought it would be possible to carry the gravety main out Taughannock Boulevard , all the way . That would eliminate the need for a force main or pump station . He went on to say that they have requested proposal for engineering assistance on the hydropneumatic pumping station on West Hill and have received six proposals . ENGINEERING ASSISTANCE FOR 1987 SEWER AND WATER ImpROVEmENT PROJECT RESOLUTION NO . 100 Motion by Councilman Cramer ; seconded by Councilman Mc Peak , WHEREAS , the Town Engineer has requested and received proposals from six engineering firms for engineering assistance for the 1987 Water and Sewer Improvements Project in preparation of plans , specifications , and engineering report for a hydropneumatic water Pumping station to be incorporated in the West Hill Water System Improvements north of the Hospital Complex , and WHEREAS , the proposals received , ranging in cost from $ 2 , 500 to $21 , 800 , were received by the Town Engineer with respect to design concept of the hydropneumatic station , experience of the firm in ® designing similar facilities , size and qualifications of staff available to perform the work , and ability to meet the required time schedule , and WHEREAS , it is the opinion of the Town Engineer that the firm adequately meeting the above criteria at the lowest cost is Resource Engineering , Cortland , New York , whose proposal was the second lowest received in the amount of $ 4 , 750 plus $ 300 to $ 400 fees during construction , Town Board 6 May 11 , 1987 NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca , that the proposal submitted by Resource Engineering be accepted and that the Town Engineer be authorized to execute an Agreement for engineering services with Resource Engineering in an amount not to exceed $5 , 150 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . Kay Street Drainage Improvements The Town Engineer went on to say that the Kay Street drainage improvements are underway , as of today . The Town Highway crew has . started the installation of some driveway culverts and work on the swales . Hospital Access Road He went on to say the work is being done on the plans and specifications for the hospital access Road . They are getting pretty close to completion . Hopefully in the next few days we can get it completed . He went on to say that he had talked Mr . & Mrs . Eugene Ball again and that he was not having great success in meeting their concerns as far as water supply , which is one of the items they are concern about particularly since the bad fire at the Indian Creek barn . They are also concerned about possible loss of trees along their easterly line where we want the sixty foot strip of land for the roadway . He went on to say that he thought that most of the large trees would not be disturbed . We will replace the livestock fence and do some landscaping but water seems to be the big issue . He stated that frankly he had had high hopes of their acceptance by now of our camiitments but that he had not been able to get that . Highway Department Heating System Town Engineer Flumerfelt reported that the Highway Department Heating System contract has been signed and issued the notice to proceed the first of May . He went on to say that they should be getting started shortly . Judd Falls Road Area The Town Engineer reported that additional traffic counts are being taken in the Judd Falls Road , Forest Home Drive area , while we can get them before May 15th when Judd Falls Road will be reopened to two-way traffic . Miscellaneous Town Engineer Flumerfelt remarked that under miscellaneous , there are two large tanks available from the old sewage treatment plant . They are 600 , 000 gallon tanks , which he stated he was presently investigating the possibility of salvaging and reuse in the future as water storage tanks . He stated that they may be able to cut them , store them and later reuse them . He went on to say that there as been continuing review of developers plans including mainly the review of the proposed sanitary sewer and pumping station in comiondland II development , NYSEG EASEMENT Councilman Cramer asked- if this gas line would be used to provide natural gas to the Jacobs project? Supervisor Desch replied that he assumed this to be correct . RESOLUTION NO . 101 7; 0 l . Town Board 7 May 11 , 1987 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , WHEREAS , the New York State Electric & Gas Corporation seeks an easement 15 feet in width for construction of a gas main across property owned by the Town of Ithaca known as 106 Seven Mile Drive and presently occupied by the Town of Ithaca Highway Garage and Maintenance Facility , said easement to extend from the southerly to the northerly property lines of the Town of Ithaca ' s land with its center line substantially parellel to and approximately 30 feet west of the center of Seven Mile Drive , together with a service extension to the Town Highway Facility and extensions to the opposite side of said highway , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca , that the said easement be granted by the Town of Ithaca to the New York State Electric & Gas Corporation in consideration of $ 1 . 00 paid by the grantee to the grantor . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary, voting Aye . Nays - none) . ENCROACHMENT - 103 SHARLENE DRIVE Town Engineer Flumerfelt stated that there is a garage that encroaches by a few feet on a 20 ' sewer easement and also a blacktop driveway built over the easement , neither of which effect the sewer main . Therefore , he recommended that the Town allow the garage and driveway to remain in place as they exist but reserving the right to use the easement anytime in the future when it is necessary to gain access to the sewer for repairs , replacement or maintenance . RESOLUTION NO . 102 Motion by Councilman Cramer ; seconded by Councilman McPeak , WHEREAS , a survey done by Clarence W . Brashear , a licensed land surveyor (New York No . 38194 ) , of the premises at No . 103 Sharlene Road in the Town of Ithaca , Tax Map Parcel No . 6-57-1-8 . 110 , and map of same entitled "Survey Map , No . 103 Sharlene Road , Lot 98 , Town of Ithaca , Tompkins County , New York" and dated April 14 , 1987 , indicates that a corner of a garage attached to the house on said property encroaches on a 20-foot-wide sewer easement crossing the property ( see Covenants Deeds Book 471 , Page 1065 ) by a distance scaled to be approximately 4 feet , and that a blacktop driveway also has been constructed over said sewer easement , and WHEREAS , neither the encroachment by the garage nor the blacktop driveway as they presently exist are deemed to have an adverse effect on the sanitary sewer for which the easement was granted , NOW THEREFORE BE IT RESOLVED by the Town Board of the Town of Ithaca , that the garage and blacktop driveway be allowed to remain in place as they presently exist , however , that the right be reserved by the Town of Ithaca to use the easement at any tiem that may be necessary to gain access to the sewer for repair , replacement , or maintenance . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . OVERTIME FOR ENGINEERING DEPARTMENT EMPLOYEES f70zIf Town Board 8 May 11 , 1987 RESOLUTION NO . 103 Motion by Councilwoman Raffensperger ; seconded by Councilwonan Howell , WHEREAS , the Engineering Department staff will be short one person until May 26 , 1987 while Assistant Engineer Erik Whitney is on Military Reserve Duty , and WHEREAS , present Engineering Department workload requires maximum possible staff time , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that overtime pay at the rate of 1 1 / 2 times regular rate , over 37 1 / 2 hours per week , be authorized for Mary S . Bryant up to 10 additional hours per week until May 26 , 1987 . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . Highway Superintendent ' s Report Highway Superintendent Robert Parkin stated that he did not have too much to add to his written report except a change to Item # 3 , Removal and refilling of soft spots on Forest Home Drive , Reconstruction . Double surface treat these spots . Work on dredging off side slopes , it should be grading instead of dredging . He went on to say that Spring Clean-up has run eight to nine days , which is a new record for , us . Also , the new truck as arrived . Councilwoman Raffensperger stated that she assumed that when Judd Falls Road is opened to two way someone will clean it up right away? Highway Superintendent Parkins replied , yes . Building Inspector/ Zonin Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that he issued 19 Certificates of Compliance , seven of them were for house sales . When we do these inspections for house sales we are concentrating on local law and zoning and not much on building code unless we have some good records in Town Hall on the building . He stated that it was hard to certify a building , particularly an older building , when you can ' t see its foundation behind the walls and other aspects that would be relative to building code . He went on to say that legal actions has been initiated on three of the complaints . He noted that he issued one sign permit issued for the month . There were 58 field visits , 40 of them were for uniform code building inspections . He went on to say that 31 Building Permits had been issued . Councilman Cramer asked if there was a fee for the Certificate of Compliance ? Mr . Frost responded , there is a $ 15 . 00 fee . REPORT OF COUNTY REPRESENTATIVES County Representative Beverly Livesay stated that she had no specific report this evening , but if anyone had any questions she would be glad to try and answer them . Town Board 9 May 11 , 1987 BUDGET AMENDMENTS RESOLUTION NO , 104 Motion by Councilman Cramer , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the following budget amendments . 1 ) Transfer $69 . 00 from A5132 . 200 Highway Garage Heating & Air Conditioning to A5132 . 100 Highway Garage Personal Services , 2 ) Transfer $ 314 . 92 from A1990 . 400 Contingency to A1010 . 400 Town • Board Contractual $ 306 . 22 and A1420 . 400 Attorney $ 8 . 70 . 3 ) Increase appropriation G9710 . 700 Sewer Fund Serial Bond Interest by $6 , 120 to a total of $ 305 , 778 and Increase estimated revenues G2771 from Joint Sewer by $ 6 , 120 to a total of $ 80 , 580 to correct the amount of interest payment shown in budget . 4 ) Transfer from Federal Revenue Sharing Fund Balance $ 456 . 60 to CF8340 . 480 West Shore/East Shore Water $ 156 . 60, and CF8120 . 483 West Shore/East Shore Sewer $ 300 . and WHEREAS , Burns Road Capital Project is canplete and State and Federal aid has been received , and WHEREAS , the appropriations for this project is $ 5 , 354 . 11 over budget , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that Highway Fund DB5112 . 453 Permanent Improvements reimburse Burns Road Capital Project this amount , and BE IT FURTHER RESOLVED , that if additional grant money is received for this project it will be allocated to the Highway Fund , and FURTHER BE IT RESOLVED , that approval is hereby given for General Fund Part Town to borrow $ 15 , 000 from General Fund Townwide to be repaid when the Certificate of Deposit matures on June 1 , 1987 , or state aid is received , whichever is first . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . COPIER BIDS Connie Allen reported that nine bids had been received , four of them are in the same category , price wise , so we are going to examine the machines . INVESTMENT POLICY • Supervisor Desch stated that the State Auditors had given us the indication that this was one critisim they are going to have on how we operate , in that we don ' t have a written investment policy . He stated that he had gone over this form with them and they are comfortable with this , it matches very closely the guidelines issued by Audit and Control . He stated that there were a couple of things that he left out from the guidelines as they pertained to things that were very unlikely to be appropriate to our needs . He went on to say that the problem originated elsewhere with unsequred SO-9 Town Board 10 May 11 , 1987 repurchase agreements that some school districts go in trouble with , Audit and Control has been very sensitive to this subject . RESOLUTION NO . 105 Motion by Councilman Cramer ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following Investment Policy : The objectives of the Investment Policy of the Town of Ithaca are to minimize risk ; to insure that investments mature when the cash is required to finance operations ; and to insure a competitive rate . of return . In accordance with this policy , the Chief Fiscal Officer is hereby authorized to invest all funds including proceeds of obligations and reserve funds in : Certificates of Deposit issued by a bank or trust company authorized to do business in New York State ; Time Deposit Accounts in a bank or trust company authorized to do business in New York State ; Obligations of New York State , Obligations of the United States Governments In Repurchase Agreements involving the purchase and sale of direct obligations of the United States . All funds except Reserve Funds may be invested in : Obligations of agencies of the federal government if principal and interest is guaranteed by the United States . With the approval of the State Comptroller , in Revenue Anticipation Notes or Tax Anticipation Notes of other local governments . Only reserve funds may be invested in : Obligations of the Town of Ithaca . All investments made pursuant to this investment policy shall comply with the following conditions : 19 COLLATERAL . a . Certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or obligations of federal agencies the principal and interest of which are guaranteed by the United States , or obligations of New York State local governments . Collateral shall be delivered to the Local • Government or a Custodial Bank with which the Town of Ithaca has entered into a Custodial Agreement . The market value of collateral shall at all times equal or exceed the principal amount of the certificate of deposit . Collateral shall be monitored no less frequently than monthly , and market value shall mean the bid or closing price as quoted in the Wall Street Journal or as quoted by another recognized pricing service . b . Securities purchased through a repurchase agreement shall be valued to market at least weekly . Town Board 11 May 11 , 1987 c . Collateral shall not be required with respect to the direct purchase of obligations of New York State , obligations of the United States , and obligations of federal agencies the principal and interest of which are guaranteed by the United States Government . 2 . DELIVERY OF SECURITIES . a . Repurchase Agreements . Every Repurchase Agreement shall provide for payment to the seller only upon the seller ' s delivery of obligations of the United States to the Custodial Bank designated by the Town of Ithaca , or in the case of a book-entry transaction , when the obligations of the United States are credited to the Custodian ' s Federal Reserve Bank account . The seller shall not be entitled to substitute securities . Repurchase agreements shall be for periods of 30 days or less . The Custodial Bank shall confirm all transactions in writing to insure that the Town of Ithaca ownership of the securities is properly reflected on the records of the Custodial Bank . b . Payment shall be amde by or on behalf of the Town of Ithaca for obligations of New York State , obligations the principal and interest of which are guaranteed by the United States , United States Obligations , certificates of deposit , and other purchased securities upon the delivery thereof to the custodial bank , or in the case of a book-entry transaction , when the purchased securities are credited to the Custodial Bank ' s Federal Reserve System account . All transactions shall be confirmed in writing . 3 . WRITTEN CONTRACTS . Written contracts are required for Repurchase Agreements , certificates of deposit , and custodial undertakings . With respect to the purchase of obligations of U . S . , New York State , or other governmental entities , etc . , in which monies may be invested , the interest of the Town of Ithaca will be adequately protected by conditioning payment on the physical delivery of purchased securities to the Town of Ithaca or Custodian , or in the case of book-entry transactions , on the crediting of purchased securities to the Custodian ' s Federal Reserve System account . All purchases will be confirmed in writing to the Town of Ithaca . It is therefore , the policy of the Town of Ithaca , to require written contracts as follows : a . Written contracts shall be required for all Repurchase Agreements . Only credit worthy banks and primary reporting dealers shall be qualified to enter into a Repurchase Agreement with the Town of Ithaca . The written contract shall provide that only obligations of the United States may be purchased , and the Town of Ithaca shall make payment upon delivery of the securities or appropriate book-entry of the purchased securities . No specific repurchase agreement shall be entered into unless a master repurchase agreement has been executed between the Town of Ithaca and the trading partners . While the term of the master repurchase agreement may be for a reasonable length of time , a specific repurchase agreement shall not exceed thirty ( 30 ) days . b . Written contracts shall be required for the purchase of all certificates of deposit . Town Board 12 May 11 , 1987 c . A written contract shall be required with the Custodial Bank , 4 . DESIGNATION OF CUSTODIAL BANK , 1 . Custodial Bank . The Tompkins County Trust Company chartered by the State of New York is designated to act as Custodial Bank of the Town of Ithaca ' s investments . However , securities may not be purchased through a Repurchase Agreement with the Custodial Bank , 59 FINANCIAL STRENGTH OF INSTITUTIONS . All trading partners must be credit worth . Their financial statements must be reviewed at least annually by the Chief Fiscal Officer to determine satisfactory financial strength or the Chief Fiscal Officer may use credit rating agencies to determine credit worthiness of trading partners . Concentration of investments in financial institutions should be avoided . The general rule is not to place more than $ 2 , 000 , 000 in overnight investments with any one institution . Investments in time deposits and certificates of deposit are to be made with banks or trust companies . Their annual reports must be reviewed by the Chief Fiscal Officer to determine satisfactory financial strength . When purchasing eligible securities the seller shall be required to deliver the securities to our Custodial Bank . Repurchase agreements shall be entered into only with banks or trust companies or registered and primary reporting dealers in government securities . Sound credit judgments must be made with respect to trading partners in repurchase agreements . It is not assumed that inclusion on a list of the Federal Reserve is automatically adequate evidence of credit worthiness . Repurchase agreements should not be entered into with undercapitalized trading firms . A margin of 5 % or higher of the market value of purchased securities in repurchase agreements must be maintained . 6 . OPERATION , AUDIT AND REPORTING , The Chief Fiscal Officer or the deputy chief fiscal officer shall authorize the purchase and sale of all securities and execute contracts for Repurchase Agreements and certicates of deposit on behalf of the Town of Ithaca . Oral directions concerning the purchase or sale of securities shall be confirmed in writing . The Town of Ithaca shallpay for purchased securities upon the delivery or book entry thereof . The Town of Ithaca will encourage the purchase and sale of securities and certificates of deposit through a competitive or • negotiated process involving telephone solicitation of at least two bids for each transaction . At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Town of Ithaca , the independent auditors shall audit the investments of the Town of Ithaca for compliance with the provisions of these Investment Guidelines . Within sixty ( 60 ) days of the end of each of the first three quarters of the fiscal year , the Chief Fiscal Officer shall prepare Town Board 13 May 11 , 1987 and submit to the Town Board of the Town of Ithaca a quarterly investment report which indicate new investments , the inventory of existing investments , and such other matters as the Chief Fiscal Officer deems appropriate . Within 120 days of the end of the fiscal year , the Chief Fiscal Officer shall prepare and submit to the Town Board an annual investment report , recommendations for change in these Investment Guidelines ; the results of the annual independent audit ; the investment income record ; a list of total fees , cornussions or other charges , if any , paid to the Custodial Bank and such other matters as the Chief Fiscal Officer deems appropriate . The Town Board shall review and approve the annual investment report , if practicable at its April meeting . At least annually , and if practicable , at the May meeting of the Town Board , the members shall review and amend , if necessary , these Investment Guidelines . The provisions of these Investment Guidelines and any amendments hereto shall take effect prospectively , and shall not invalidate the prior selection of any Custodial Bank or prior investment . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . COUNTY SUMMER YOUTH WORKERS PROGRAM RESOLUTION NO . 106 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Howell , WHEREAS , the Town of Ithaca is eligible to receive $ 3 , 300 in 50 % matching funds from Tompkins County as reimbursement for hiring youth between the ages of 14 and 19 inclusive for a maximum of 120 hours each during the summer , and WHEREAS , the parks , engineering , and planning departments have need of additional help during the summer months , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves participation in the Summer Jobs Program to the limit of the full eligibility of $ 3 , 300 . Appropriation accounts to be charged for the Summer Youth Program are : A1440 . 1 Engineering Personal Services ; A7140 . 1 Playgrounds & Recreation Personal Services ; B7140 . 1 Parks Personal Services ; B8020 . 1 Planning Personal Services . The program to consist of two four-week sessions beginning July 5 and ending August 28 , 1987 , six to seven youths per session for a total of 12 to 14 youths for the entire program . Rate of pay to be $ 3 . 35 to $ 4 . 50/hour . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary • voting Aye . Nays - none ) . SPEED LIMIT REDUCTION REQUEST FOR DANBY ROAD Supervisor Desch noted that Item 15 is in response to a letter from Ruth Mahr having to do with the speed limit on Danby Road . He stated that his only problem was in knowing how far we should go with the distance for the speed zone and the timing . He went on to say that as the Board knew, it is difficult the get the State traffic folks to recognize what we often feel is a hazzard . In Town Board 14 May 11 , 1987 this particular case it is going to be even more difficult because of the configuration of the highway and the width , the traffic carrying capacity , the fact that it is has a relatively gentle slope . He wondered if the Town would not be better off putting in a request once the fire station is under construction and once we have had a chance to evaluate whether it should go up to King Road , part way up to King Road or all the way up to the Town line , or whatever . He went on to say that he was afraid that if the Town applied on the basis of speculation , at this point , what they will say is when it happens write us again and we will look at it . Councilwoman Raffensperger remarked that her concern, was that we get a fire station and knowing how long it takes anything to dribble through the state bureaucracy , she wondered if it wouldn ' t be well to start the process now so that we will be in better shape when the fire station is built? Councilman Bartholf remarked that once the fire station is built we will have two lights there , so he felt the State would act much faster when they saw the lights . Supervisor Desch replied , the State will have to have a transition zone because of the presence of those lights . Whether they will design the transition zone until the design of the lights are well along , he did not know . The Supervisor suggested the staff be requested to develop a recommendation and report back at the June meeting . SALES TAX RESOLUTION Supervisor Desch remarked that there was a slight downturn in sales tax receipts . He went on to say that this resolution , which you have all had since the last meeting , makes provisions for the sales tax proceeds collected by the County to be paid directly to the Town and to be applied for any Town purpose that is permitted by the particular law . Any decision to apply for this must be done by September first of the year preceeding the year it would become effective . He noted that the first quarterly payment that the Town would receive is May 1 , 1988 . The Supervisor stated that it would mean a little over a million dollars in sales tax revenues to the Town . Councilman McPeak remarked that he was going to ask the same question that he asks every year . We have many people in the County doing business , transients , they set up in a hotel or up in a back lot , they sell many types of items . He asked if there was any enforcement or effort on the part of the County to collect sales tax that is due the County and Town? Councilman McPeak remarked that whenever is sees a person from South Carolina selling furniture , he is sure that when he finishes Saturday night or Sunday night he goes quickly back to South Carolina , County Representative Livesy replied that anybody coming in , transient like that in the community to sell has got to have a • permit or license and anybody who sells anything is liable for that tax . What the State enforcers do about it she stated that she did not know . We are not even permitted to know who pays what in sales tax . It ' s somekind of a business secret . This is all up to the State . Councilman McPeak asked who gives them the permit? Mrs . Livesay replied that she believed the County issues the permit . Town Board 15 May 11 , 1987 RESOLUTION NO . 107 Motion by Councilman McPeak ; seconded by Councilman Bartholf , WHEREAS , the Board of Representatives of the County of Tompkins , State of New York by resolution # 256A , 1966 , as subsequently amended , authorized the imposition of a sales tax on qualified goods sold within the County of Tompkins , and WHEREAS , pursuant to Section 1262 of the Tax Law, the proceeds of such sales tax are applied to reduce the County taxes and general Town taxes levied upon real property in the County , and . WHEREAS , Section 1262 of the Tax Law provides that a Town located in a County which levies such a sales tax may , by local law , ordinance or resolution , provides that such amounts collected by such sales tax be paid directly to the Town to be used for any Town purpose , and WHEREAS , the Town Board , after due consideration , has determined it would be in the best interests of the Town for such sales tax proceeds to be paid directly to the Town : NOW THERFORE IT IS RESOLVED , that beginning January 1 , 1988 , all such sales tax proceeds collected by the County of Tompkins , State of New York , and attributable to the Town of Ithaca , shall be paid directly to the Town of Ithaca , to be applied for any Town purpose , and IT IS FURTHER RESOLVED , that the Town Clerk shall mail a copy of this resolution to the Chief Fiscal Officer of the County of Tompkins by registered or certified mail before September 1 , 19870 (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) SOLID WASTE RESOLUTION Supervisor Desch , referring to a draft resolution on solid waste stated that the drafted the resolution primarily to see if there was anything the Board felt they should be doing . He stated that he was not quite sure what the resolution should do or exactly what it should say . He noted that the draft resolution does not say what most of the other resolutions in the other Tompkins County Towns say about the location of the new landfill . However , he noted that that does not mean that the Town is not concerned because probably the worst of the twenty sites will impact the Town of Ithaca more than many of the sites that are located directly within other municipalities . He stated that he was talking about the one on the west side of Sheffield Road , which is across the street from a developed residential area . This resolution follows through in the flavor of what you see in front of you , in terms of requiring certain things like public water supply in developed areas and tipping fees . He asked the Board for their concerns , • noting that he did not propose that the Board take action on the resolution this evening but he stated that he would like everyone to think about it . Councilwoman Raffensperger stated that she had a couple of comments , one is that she had had some discussions with the people about the Danby site (DA 1 ) and people in the Town of Ithaca who feel they have some interest as far as the access and creeks on the Property - Supervisor Desch asked if DA 1 was the Miller Road site ? Town Board 16 May 11 , 1987 Councilwoman Raffensperger replied , the Gunderman Road one , between Jersey Hill Road and Comfort Road . She went on to say that the other ccmrent she was about talking about was all the things we were going to do for whoever got the landfill and that it seemed to her that the monitoring of wells was quite important . Supervisor Desch replied , they will be mandatory as far as DEC is concerned . The County won ' t get a permit unless there is a commitment to do that . Beverly Livesay replied , that is true . The only question is whether we should exceed DEC ' s requirements to put at rest various peoples concerns . She went on to say that the Board might be interested that she has been trying to get the Solid Waste Management Committee to make a recommendation to the County Board on a benefit sharing or cost sharing proposal that would spell out the things that people are concerned about and most of the things in this resolution . She stated that she would be circulating her draft proposal to the Solid Waste Committee tomorrow. A lot of. the things that are in your resolution are in her draft , she remarked . You might be interested in seeing that , expecially if you are not going to act on this resolution tonight . Councilwoman Raffensperger stated that she had a lot of concerns about constructing a solid waste burning facility . The reports that the County has received over the years indicates still a lot concerns about a refuse burning plant . She stated that at this point she was not keen about just signing on to any burning facility that anybody just thinks about . PERSONS TO BE HEARD Supervisor Desch noted the presence of several residents of the Forest Home area who were concerned with the end of the Judd Falls Road one-way experiment . He then presented the following statement : "The Forest Home Improvement Association has adopted a resolution requesting that the Town continue the Judd Falls Road experiment while the results are being evaluated . A number of the members are here this evening to urge us to do that . The Ithaca Community has already been informed that the experiment will end on schedule as originally planned , May 15 . That date was decided by the Board at our April 13 meeting . Sane members of the Forest Home Community are of the understanding that the road would stay one-way and that the permanent improvements would follow the evaluation of the experiment . Although this is not particularly logical , I can appreciate that the anxiety and needs might lead one to that conclusion although the resolution adopted in September makes no reference to this supposition . In providing for the traffic circulation needs of the Town we must keep the interest of the entire community in mind in developing solutions to localized problems . One of the most common complaints received during the experiment was the safety and condition of Caldwell Road . It is a fact that Caldwell Road is in need of upgrade , regardless of whether Judd Falls Road becomes one-way or two-way . It is a reasonable expectation on the part of the Ithaca Community that the Caldwell Road upgrade should be the highest priority . Judd Falls Road will need to be two-way while Caldwell Road is closed for construction . This is the most practical sequence . So what is the problem? The question is do we wait for Town Board 17 May 11 , 1987 the completion of the East Ithaca Study , i . e . , December 1987 before we proceed with Caldwell Road? If so , the permanent one-way improvements to a one-way Judd Falls Road could not be done then until the summer of 1989 . I would prefer to proceed with the design of the Caldwell Road upgrade now , do the construction over the winter and next spring so that next summer we could do the one-way improvements on Judd Falls Road and perhaps the portion of Forest Home Drive near the east bridge next summer . Preliminarily , what we have in mind for Caldwell Road is to ease the curve at the top of the hill , ease the slope as much as feasible , widen to a standard Town highway width and provide some kind of walkway . " David Kuckuk , 229 Forest Hone Drive stated that he had been asked to read a statement from the Forest Home Improvement Association , which he stated he would like to read before any discussion as it may present a vehicle by which we may be able to approach the issue . He went on to say that the Association held their semi-annual spring meeting on the 4th of May and it was a very constructive meeting in terms of discussion on the various issues . Mr . Kuckuk presented the following resolutions : RESOLVED , that this Association request the Town of Ithaca to replace the present road signs limiting use of roads to trucks weighing five tons with signs prohibiting all trucks except for local delivery , such signs to be similar to those used in the City of Ithaca . RESOLVED , that the Association request NYSEG to install new mercury vapor lights in the places suggested by the Committee ' s report , with the exception that Burnham Kelly , whose house is at the east end of the first birdge be first consulted about a new light in front of his house . RESOLVED , that it is the sense of this Association that the one-way experiment on Judd Falls Road not be terminated but continued while the results of this experiment are evaluated . RESOLVED , that it is the sense of this Association that there be additional experimental measures undertaken ( including possible additional one-way sections of road) to ameliorate other traffic problems , and this community insists the Town , County and University find ways of diverting traffic around Forest Hone . .Mr . Kuckuk stated that he would like to point out that the mood , since this meeting , and in the face of what could be potentially a very difficult issue for us as a community to deal with , has been a very positive one . It ' s been very constructive in terms of trying to recognize the positive benefits in terms of the one-way plan , possible problems that we have seen as the result of it and rather than simply setting and arguing and fighting we have been looking for ways to deal with it constructively and internally . Including a couple of meetings , one very long one , where we looked at possible solutions . We are not traffic engineers but we looked at • what we thought were possible solutions . There are two reasons to be here tonight , one is to ask for your reaction to the resolutions and secondly to say that we are trying to look for a constructive way of dealing with this . We are asking you to appoint appropriate people from the Board , from the Town staff to have a working session with us or working sessions if that is desirable so that we can understand what priorities you are looking at , you have expressed one here tonight Noel , and we can talk about the concerns we have , the problems we see arising from these pieces that seem to fall into place . We can get reactions to things we have looked at and thought might help both for Forest Home and the broader Town Board 18 May 11 , 1987 community . What we are looking at for is a way to work together as opposed to just throwing things back and forth which unfortunately has been the way we have worked in the past . Supervisor Desch noted that before the Forest Home Association members came , the Board did discussed the status of the East Ithaca Circulation Study , the Tony Richardson study . He went on to say that the proposal was for a $30 , 000 study which involves the entire corridor from Route 79 on out to Route 13 , involving Bryant Park , Pine Tree Road , Forest Home , Community Corners , etc . He stated that we are talking about a $30 , 000 study , including the review and observation of truck traffic situation . The recommended split would be $ 15 , 000 from the County , $ 5 , 000 from Cornell , $5 , 000 from the Town and $5 , 000 from the City . He stated that he did not know what kind 'of reception that is going to receive from any of the other municipalities because it will need to go through the County Committee process . He stated that this will enable us to plug in to that study a number of one-way possibilities in Forest Hcme as well as determine what is needed in the way of additional circulation to get vehicles around Forest Home . He stated that he thought it was almost obvious that it will show that the present road network is not capable of handling , not only today ' s traffic , but what is preceived to be a very major increase with all the projects that seem to be on the books , the airport , the Village of Lansing , all the water systems that are being extended in the Town of Lansing , etc . William Goldsmith , 117 Judd Falls Road stated that he would like to endorse the statement that the Supevisor just made and also what Mr . Kuckuk said . He stated that he had just two comments , one that Andy McElwee has made repeadly over the last month which is that the problem is not the traffic the way it now is so much as what it ' s going to be , even five years down the road . If you look at any projections it ' s inconceivable that that traffic will be able to get though the area . So it ' s really time to think hard about the future and he went on to say that he thought this study is a good idea . On the other hand , he stated that he thought the Supervisor was right , we already know pretty much what the study is going to show, we don ' t have the capacity to take that traffic through the community . That suggests that it makes sense to maintain the one-way experiment , to try other modifications even while improving Caldwell Road which is certainly in terrible shape . He stated that he just had one comment on what you said about Caldwell Road . He stated that he could remember two different years in which the first bridge was closed for a good part of the year , at least one year plus and everybody survived it . That was a road that we assumed simply could not be closed as we are assuming Caldwell can ' t be closed even for the period it is being repaired . He went on to say that everybody lived through it and everybody coming by lived through it somehow, so it suggests that there is a possiblity that repairs could be undertaken on Caldwell while scmeother section remains one-way . Supervisor Desch replied , you are talking about a long time ago , may be twelve years . You are talking about different volumes of traffic . Mr . Goldsmith replied even then , the volume in front of Mr . Kelley ' s house , as I remember it , was close to the 10 , 000 level . It wasn ' t a backwoods little creek then , it was still heavily traveled . The campus wasn ' t as closed then as it is now . Supervisor Desch replied , we are talking about Caldwell Road being closed for quite a while , this is not a repair job , you are talking about cutting and grading and gravel . Town Board 19 May 11 , 1987 A lady in attendance remarked that she did not think improving Caldwell Road was of significant interest to Forest Home . Having cars whizzing down at a faster clip then they can now is of no advantage to us . We are still going to carry the same volume of traffic after its been improved . Supervisor Desch replied that this was exactly why he had put the question to the people of Forest Home . However , he stated that he did not think the Town could do thing in the reverse sequence , we have to either understand that Caldwell Road is going to be a standard Town road in order to properly handle the two-way traffic when Judd Falls Road becomes one-way and a portion of Forest Home Drive becomes one-way , if that ends up happening . There has to be • a way until a by-pass is constructed to get vehicles throught that part of the Town . We have a responsibility to make that happen . The lady asked what was the status of the by-pass ? Supervisor Desch replied , we will know when we complete this East Ithaca Study , hopefully . Andrew McElwee , 123 Judd Falls Road remarked , if you are going to reconstruct Caldwell Road is there a possibility that it could be a one-way road and the job could be a different one than perhaps you had planned? Supervisor Desch , replied no , that he could not think of any way that Caldwell Road could be a one-way road . Dale Grossman , 111 Judd Falls Road stated that she remembered setting at the meeting last Fall it was held out on Route 13 , in which the Board presented the Judd Falls Road one-way arrangement . At that point the residents of Forest Home were up in arms because they had not been consulted and at that point the plan was going through , the arrangements had been made and the improvements were going to be made to Judd Falls Road itself . The idea of the experiment was instituted , she stated that it was her understanding to benefit Forest Hcme so that the study could be done to see how it would affect the neighborhood community . It has happened , you have a sense of what the community reaction is , we are in favor of continuing it with the resolution that was overwhelmingly approved by the group . She stated that her reaction was that if the Town was at that point prepared to make Judd Falls Road one-way and do permanent improvements , what was the Town planning on doing with Caldwell at that time ? How have things changed so that we can ' t have Judd Falls Road one-way while something is being done to Caldwell ? Supervisor Desch responded that the reason to trying to do Judd Falls Road at that time was the economy of scale relating to Forest Home Drive construction because the Town Engineer at that time felt that the condition of Judd Falls Road was sufficiently poor to warrant doing it in conjunction with Forest Home Drive . The problem is , that from the standpoint of safety , not talking about the impact on other Town resident of using Caldwell Road the safety • hazzard is far worse . We simply have to have an alternative for moving vehicles through that area while Caldwell Road is down . Ruth Mahr , 103 Judd Falls Road stated that she would like to refocus a little she thought . She stated that she did not think the question was whether Judd Falls Road became permanently one-way or not . That ' s not the question at this point . The question is what happens on the 15th of May . It seemed to her that none of the plans the Board was talking about are at all firm and that also it doesn ' t seem to her that there is anything that would prevent Judd Falls Road from staying one-way on at temporary basis so long as Town Board 20 May 11 , 1987 all these other plans are in the works . There is no need to reopen Judd Falls Road , at this point , to two-way traffic , none she stated that she knew of . Until and unless and may be not even then , until some of these other projects you are talking about actually take place . Mrs . Mahr continued , noting that it was certainly her understanding and she did not want to speak for the community , but that the spirit of the discussion in the Fall about what to do with Judd Falls Road reflected an awareness on the part of the Town that we really did have a problem there . The traffic has doubled in the last 16 years . In 1970 we were very concerned about it and it has doubled since then and its probably going to double again in the • next 10 to 15 years . She went on to say that the road was too narrow for the kind of traffic they have , it ' s unsafe for both motorists and pedestrians and it ' s distructive for our community . She went on to say that for the first time , last Fall , we had a sense that the Town Board was going to take an action with us to alleviate the problem . She stated that she thought that the Community also had a feeling that the Town Board was going to work with them on this . That it would be sort of a mutual kind of a process , or discussion , that you wouldn ' t do one thing and then we would cane and have to react to it . We would be working together . She stated that she personally felt this spirit had been broken by the declaration that on May 15th the experiment was ' going to end and that Judd Falls Road would become two-way again . Supervisor Desch replied that that decision was made way back in September . Mrs . Mahr replied , not that Judd Falls Road become two-way again . The resolution was that the experiment would end on the 15th of May . Supervisor Desch replied that ' s what is happening , the experiment is ending on the 15th of May . Mrs . Mahr remarked what the resolution of the Association is asking is that the Board please reconsider the decision to make it two-way , not necessarily to make it permanently one-way at this point but to reconsider and leave the experiment in place . A man in attendence remarked , are you saying this is happening? Supervisor Desch questioned what the man was referring to? The man replied , it ' s going back to two-way . Supervisor Desch replied , the decision was made in September to run the experiment through the Spring term at Cornell , that ' s why it ' s reopening on May 15th . The man remarked , if this is final , then there is no sense in a lot of us being here then . We came to discuss it . • John Congin , Judd Falls Road stated that originally the road was going to be one-way , it was going to be regraded , it was going to be repaved and that was it . The decision had already been in place at that time . Supervisor Desch replied , you can look at the resolution if you want to . He went on to say that he had looked at it and at the discussion that took place as show in the minutes as well . He stated that he did not know whether it ' s in Forest Homes interest to continue only a portion of the community that may even go beyond what Judd Falls Road has gone through in terms of it being one-way Town Board 21 May 11 , 1987 without having the results of more exausted study . You kind of show this in your resolution that you adopted . He went on to say , but we simply , until a decision is made , cannot forclose on the flexibility of having that as a two-way road . That ' s the reason I focused the question somewhat different from Mrs . Mahr , we need to know, we don ' t want it held in limbo any longer than you do . However , as Mr . Kuckuk has suggested , we need to work together toward the solution without waiting for the by-pass . He stated that he did not see keeping Judd Falls Road , by itself , one-way as providing the fexibility with all those other things that are happening in that area . Judith Ashton , 105 McIntyre Place stated that she felt part of the problem was that we will not have collected all the necesary data . Some of the counters were only put up in the last few weeks and to get the full impact of having Judd Falls Road one-way , the counters that were put on Forest Hone Drive just two weeks ago must have some change to run through a normal traffic pattern . Supervisor Desch replied , having done this is one of the reasons we pushed as hard as we did to get it started over the winter months , was to get that data and he stated he was confident that the Town will have the same data over the five month period as if we had run it for a six month period . He stated that he did not believe the Town would learn anything more than we already know . Judith Ashton replied , we didn ' t have counters at strategic points throughout the commity to see how the traffic was redirected . Supervisor , Desch replied that might be so , but plugging the data we have into the East Ithaca Study that will be forth coming as well , will give us that much of a leg up on any decisions . We don ' t loose anything . Marie Terrell , 124 Judd Falls Road stated that she was wondering if the Board had considered that while any improvements , if there are improvements to be made on Caldwell Road , are being made whether or not some of the North bound traffic could be routed on the part of Forest Hone Drive that goes along Beebe Lake . She stated that she knew currently that the road had not been paved but it doesn ' t seem as though that would be a very time consuming process for the Town to pave that stretch of road since the basic ground work has been done . She stated that that is an option , if signs were appropriately placed traffic that was heading northbound that is currently goes through the Plantations , on Caldwell Road and North could be routed along Beebe Lake in a northerly direction which could handle the traffic without opening Judd Falls Road to two-way traffic . Supervisor Desch replied that one thing is clear , under a permanent one-way solution for Judd Falls Road , we will be loosing Plantations Road as an access . Cornell threatened to close that off during the experiment but we pretty much talk them out of it . However , he stated that he did not feel much would be- lost , if we make it one-way south all the way to Tower Road , as far as their • own access to parts of the campus , that need Plantations Road they will be able to use the upgraded Caldwell Road . You have a good point in terms of trying to encourage more traffic to use the newly restored road but he did not know if they could do that until it is completed and paved , etc . Ms . Terrell went on to say that there was one thing that she was slightly confused about and would like to get some reaction about . She went on to ask if we open Judd Falls Road , we still have people going the wrong way on Judd Falls Road , after five or six months there are still people who don ' t know another way to go and she Town Board 22 May 11 , 1987 stated to her opening it up to two-lane traffic , if you are still considering in the long run , making it a one-way road is going to do nothing be infuriate the driving public that goes through Forest Home . Not that we don ' t want to infuriate them , we would like too and get the out of there . But as members of the Town Board in the layman ' s view Judd Falls Road is one-way , now it ' s two-way , then it ' s going to be one-way again , maybe , sometime , she stated that she did not know if this was a problem that the Board had anticipated contending with . Supervisor Desch replied that he could not remember anything being more publicized , in the beginning , that this was going to be an experiment , so like Mrs . Terrell , he stated he could not show too much sympathy . Frank Shipe , 236 Forest Hone Drive remarked that he had one practical question , he then asked , if in fact the Judd Falls Road is maintained one-way and continues to Tower Road rather than just to the Jughandle and if Caldwell Road is closed off and if Plantations Road is closed off , how do you expect the people living where we do to get hone other than go to Varna or out Hanshaw Road and back down Warren Road? So , he stated that he thought there were sane practical problems that have not been settled . He stated that he would like to support David Kuckuk ' s comments and specifically the third resolution that was presented , mainly that some sort of set up be arranged to communicate between the Forest Hone Improvement Association and the Town Board . He stated that he did not consider that the experiment is complete , an experiment is not complete until you have evaluated the data and the data has not been evaluated , in fact , some of the data isn ' t even in yet . He stated that he thought it was premature to say that the experiment is complete . Joel Silbey , 105 Judd Falls Road remarked that there are two things that keep getting mixed up and he stated that he thought , for one final time , he would like to separate them . Whatever the permanent resolution of our problems are , and he stated that he did not know what that was , he would like to commend the Board as there has been more responsiveness , more interest and more commitment in trying to figure out what to do over the last few years than what he saw before that and it may be simply because we have reached 9 , 600 cars a day on Judd Fall Road and there just isn ' t room for anymore . He stated that he agreed the experiment wasn ' t over an a lot of things have to be considered about that and he stated that he did not know what the solutions are and it was going to take a while . Fine , can we put that aside and take it as a given that the Town Board , we and everyone else is interested in permanent solutions based on the best available evidence . He went on to say that he wanted to go back to something Ruth Mahr said . He thought that whatever the points are , whatever is necessary , the argument for reopening Judd Falls Road to two way traffic at this point is unclear to him . It has been stated that there is some kind of flexibility , and he said he was not quite sure what that flexibility means . He stated that he was pleading with all of the Board to reconsider because of the past , not quite six months , of the six month experiment we have • seen such an extraordinary change in the quality of life on our side of the bridge . He stated that he knew there were problems in the rest of the community but we have seen such an extraordinary change , you have given us a sense of what the good life is , to take it away from us right now for reasons that seem to him to be vague and have more to do with Cornell then with the Town or with us raises son? questions . We are down to 1 / 3 on the number of cars . The rest of the community have not picked up all of them so they are going somewhere . He stated that his point still remains that as long as you are evaluating evidence , as long as you are trying to work through what this is going to be , can ' t you find some way Town Board 23 May 11 , 1987 to make the same argument for flexibility and help by keeping Judd Falls Road one-way briefly until this is all worked out ? Supervisor Desch replied , the answer can best be said by the following : "You as taxpayers , I think , under perhaps slightly different circumstances and that is that you are not living where you are living , would tell this Board that we are irresponsible in demanding that all of the northbound traffic continue to subject themselves to the hazzards of Caldwell Road as it presently is . He went on to say that he thought the Board had gone through five months as far as we can extend ourselves , we haven ' t had a law suit , it ' s not May 15th yet , but the time is going to cane if we continue Judd Falls Road on a one-way basis we are going to have a • serious accident on Caldwell Road and we as a Board don ' t want to let that happen for any hours longer than we possibly can . That is why we need to prepare a plan , upgrade Caldwell Road run it by your Association so that you are comfortable that we are not constructing a new four-lane highway or a new Route 96 and get on with it . Karen Baum stated that she lived across the road from the Shipes , so she was one of the persons who lives on Forest Home Drive by the bridge and one of the persons who supported the resolution to maintain the experiment but she felt it was very important for all to keep in mind that while Judd Falls Road traffic has doubled in sixteen years , our traffic has doubled in four months . Part of this resolution of all of us wanting to work on a solution that provides a solution for the community and what I ' m worried about is only a solution for Judd Falls Road because of Caldwell being in the shape that it is and because of other circumstances . She stated that she lives in the grey house under the bridge and the cars that cane to a screeching halt before that bridge cane to a screeching halt about six feet from her front door and it is a serious problem . She went on to say that she was afraid there will be people killed outside her door . Supervisor Desch stated that there were ways to resolve that even with improving Caldwell Road by making that portion one-way and having a stop sign on the filter plant side of the bridge . However , he stated that he did not want to get into details as the Board has not discussed this . Ms . Baum replied that she wanted the community to remember that they were talking not just about one solution of keeping the road one-way that we really need to talk about a solution for the camm pity . We haven ' t solved the problem we have solved someone ' s problem and created another very large . problem . Wayne Stokes , 109 Judd Falls Road stated that he hated to see the experiment end . What he called an experiment was something that you could see visibly and people are being routed in a different direction to see how thing happen . He stated that he also realized that one-way ' s really only work if you have another one-way parallel to it and Judd Falls doesn ' t have that . The solution to the Forest Home community is to have it one-way coming into Forest Hone from Caldwell Road . Your are going to tear up Caldwell Read and force half of Forest Hone community to loose their community and instead you say Cornell is going to shut down Plantations Road which seems to him that the increase in traffic which has happened in the last ten years was all due to Cornell , with their building and their parking lots . He stated that he thought that Cornell should be as much responsible about routing that traffic as by creating it . He continued , noting that if Plantations Road were shut down it would be all the better for them , we are in favor of Cornell closing any road they want to but in the meantime until Caldwell Road is constructed that they have to give a little and 9 � � Town Board 24 May 11 , 1987 they can give by using the Jughandle as a one-way through the other side of Forest Home and slowing the traffic down over there . Supervisor Desch remarked that Cornell also has a liability problem since it ' s not designed to handle that kind of a volume of traffic . Mr . Stokes asked what kind of liability problem did the Town feel they had on Judd Falls Road with the children? You mentioned before about improving Caldwell Road and also making so pedestrians can use it . He stated that he thought that the pedestrian traffic was a little heavier on Judd Falls Road than it was on Caldwell Road . . Supervisor Desch replied that he was thinking about a walkway , not necessarily right along side of the road , a way for people to get through there which now is difficult . Andrew McElwee stated that it had been pointed out to him that the arch , not the old arch , the new arch under the Jughandle was beginning to fail . What is their (Cornell ' s ) liability? Supervisor Desch responded , substantial . He then asked if anyone else who had not spoken wished to do so? William Goldsmith replied that he would like to know what the Board thought about his idea ? Supervisor Desch replied , that he just did not want to give Cornell any excuse for not participating in a major way in the by-pass . Mr . Goldsmith replied , well the by-pass is something that he had not heard about since he bought his house about five or six years ago . Supervisor Desch replied that it had been in limbo for a long time . A lady in attendance stated that the feeling in Forest Home was that if there is any way that we can make traffic going through Forest Home so difficult for the drivers that they will be forced to find another way that may be they will get Cornell Is attention to their dilema in getting to work if they have to go through Forest Herne by the way of robinhood ' s barn , if we make little sections one-way and make it just as tortuous as possible for through traffic and retain the identity of the community . She went on to say that as it is we seem to be giving ourselves away to facilitate motion for anybody else and crippling ourselves . Supervisor Desch remarked that the lady was sounding expactly like a person living on Cliff Street or Hector Street and you are right . You wonder when the breakdown point will arrive . The lady continued , the argument to make Judd Falls Road one-way was a matter of safety , there was bound to be accidents and you are saying now there are bound to be accidents on Caldwell Road , Supervisor Desch replied , irrespective of how we finally configure the one-way or don ' t configure it or upgrade Caldwell Road or whatever , it ' s absolutely clear that the by-pass is needed . It has been needed , we are not talking about a need twenty years down the road . It has been needed for the last twenty years . Beverly Livesay stated that she felt there needs to be a little bit of clarification because the problem that they had was that essentially a by-pass for Forest Home was not found . If we want to talk about the Freeze Road for a by-pass , that is the road we are talking about for a by-pass . Town Board 25 May 11 , 1987 Supervisor Desch replied , that ' s your opinion . There have been two by-passes that have been maped . One was the one that went through Plantations , before plantations was constructed , he stated that in his view that was the one that should have been built . Mrs . Livesay responded , that may be so but that is not the one that was talked about . Supervisor Desch replied that he could not agree if you say the other one would not have worked , however , he stated that he did not want to get into a discussion about the details at this time . William Goldsmith stated that he would like to make a couple of comments , first of all , the Forest Hone community judges , the first part of the experiment showed a resounding success , traffic was cut from 9 , 600 vehicles per day to about 3 , 400 . You could talk to your neighbors across the street . He stated that Andy McElwee and he can talk to each other next door without getting run over . Kids can ride their bikes , walk back and forth . It ' s much safer and its a much better place to live . One of the bad things about this is that it has increased traffic across on the other side from about 2 , 500 to about 5 , 000 cars a day and that unacceptable . It ' s very clear that additional one-way experiments on the other side , maybe including Caldwell Road , would lessen that traffic . Where those cars go we are not sure but they are obviously already going , a fair amount , somewhere else . He went on to say , we voted and we would like to encourage you to reconsider your decision to keep that one-way and to try one-way experiments on the other side . Our interests are clearly comiunity wide in Forest Home which is to minimize traffic in Forest Home . Your actions to resolve the problem on one side of the creek made it worse on the other side , more of that might make it better all the way around . Computerized traffic counters will not tell us what one-way experiments will show. Maintaining the one now one-way will tell us how people are beginning to travel and he stated that he saw no way to go except up with this kind of an experimentation . He went on to say that he saw no reasons for shutting down and ending the so called experiment . The experimental information is not in yet , further extensions of the experiment can be made , the whole comunity is unified behind that idea . We were the ones opposed to making it permanent one way to begin with when the Town said they were going to do it now we are co lung back saying lets continue trying it out . He said he just did not see the reason for stopping what has been an improvement and can be improved so that the whole ca m mity can stand to benefit by it . Councilwoman Raffensperger stated that she understands that Caldwell Road needs major reconstuction to make it a truly safe road . Councilwoman Raffensperger asked whether or not Caldwell Road could be repaired so as to make it as safe as the average street in our ca m mity and then institute the one-way experiment on both sides of the bridges in Forest Home while we wait for this wonderful study , which she felt would be a wonderful study as we always use the lack of information as an excuse to do nothing and this should give us lots of information . Robert Flumerfelt , Town Engineer responded that repairs could smooth the road but the width of the road , the grade , the lack of a pedestrian way would still be factors lacking to what a complete reconstruction of Caldwell Road would bring about . It would simply smooth the pavement if we undertook repairs . Councilwoman Raffensperger questioned , could the shoulders be repaired? Of Town Board 26 May 11 , 1987 Town Engineer Flumerfelt responded , you are talking about major regrading to widen the shoulder sufficiently because the closeness of the banks to the edge of the road . Frank Shipe stated that he to had a comment on Caldwell Road . He agreed with Mrs . Raffensperger that it would be nice to repair it , not rebuild it , and continue with the experiment . The assumption that making it wider is going to make it safe is a questionable assumption . He suggested that the Board look at the accident rate out by the Gas and Electic that a wide road compared to Caldwell causes . Opening up the road , in his opinion , is not going to insure increased safety , in fact the poor shape of the road is one reason that people don ' t go faster . You open it up and instead of going by our place at 40 miles per hour , they will be going by at 60 miles per hour . Supervisor Desch replied , there is no repairing it . There simply is no road base there . You will not be able to hold pavement . It would be a waste of money to blacktop it in its present configuration . A lady remarked , then leave it the way it is and let people find another way . John Congin again spoke , saying that he had only lived there about four years now . We have children walking to Belle Sherman and he stated that he walked to work , on the very small sidewalk on Judd Falls Road . In walking along that road with cars going both ways he stated that he really was concerned that just slipping off the sidewalk , with cars coming both ways , and they go real fast , it ' s really taking someones life in their own hands . Since that six month experiment has been going on , children can walk on the street with a real mark of safety because cars aren ' t going as fast . They aren ' t passing each other , they aren ' t going down the hill on ice and snow and spinning out on to Forest Home Drive . It ' s been a safe situation , bicyles have room . When there are two cars going side by side there really is very little or no room . In the last six months that has been different . The other side of Fall Creek in Forest Hone has had some real problems and he stated that he thought the Board had heard the direction which the Forest Home neighborhood and community would like to see is something that would balance that and make it all safe . He stated that he knew the Board had a townwide responsibility but if you talk about moving cars and facilitating transportation at the cost of pedestrians and bicylists and people who live there , there is no solution that you could do that would make any better the situation , only worse if you go in that direction . The small bridges being one-way , with traffic coming around those corners . There is a certain point where people will have to say it ' s going to get worse but it can ' t without making it unlivable . If you think you are going to string this road out and make it wider you are going to gut the community , a very very beautiful community and a part of Cornell , Plantations and the Town of Ithaca . You really couldn ' t do anything without ruining the entire area except by making the road safe and making it so less car traffic goes through there . By making it convenient for autos you are going to gut the area , the same thing that ' s happened to Meadow . The same thing that is going to happen to Cliff Street . That ' s really a beautiful part of the Town of Ithaca and I know you feel that way and I ' m sure Cornell feels that way . You don ' t want to see Cornell ruined . You ' ve given us a breathing space and we would like to see a follow through and making it wonderful for the people on the other side of Fall Creek , as a community wide solution . A lady in attendance stated that she thought wider and faster was not better . It ' s an inconvenience for us too to get from one side Town Board 27 May 11 , 1987 of Ithaca to another but she stated that she did not mind it . There are small things that can be done , the speed limit could be lower and enforced . Overweight vehicles , that law could be enforced . She stated that she did not know why it ' s not enforced , it never has been . She stated that she believed a simple answer would help . Lower the speed limit , route the trucks from 366 to Route 13 . Initiate a second one-way street , all of Forest Home would share the burden that way . Ruth Mahr remarked that she did not understand , she thought that coming down here as a community almost pleading to the Board to listen to them . Please listen to some of the constructive suggestions that we have made to some of the things you can do in • the interum . She stated that she would like to . know where the Board stands on this . Is there anything we can do ? Are you Willing to reconsider the decision to open Judd Falls Road to two way traffic on May 15th? Supervisor Desch responded , the decision was made in September when the resolution was adopted . The point is this , very plain and simple , we have spent on balanced , on the issues of Forest Home circulation , in proportion to all the other problems and issues we have to deal with probably more than we could justify . That doesn ' t mean that we are closing the issue or that we are through we are committed to continue . We made a commitment to participate in the East Ithaca Circulation Study . We have put out ideas that we want you to look at . We hear the differences of opinion . The fact is in September we made the decision this would be a five to six month experiment . We said it would come to an end at the end of the Spring term . We have a responsibility to this entire community . We have gone the extra mile in terms of being willing to participate in an experiment for this long of a period . You heard me talk about the liability . We owe it to you not only as Forest Homers but as taxpayers and consitutents to make provisions for traffic to move through this community . We cannot put the people of this entire community under the gun in terms of liability . Even if it means there is going to be pain in the terms of your situation for a while longer . If you want us to say don ' t participate in the East Ithaca Study , that is fine , let us here from you . You don ' t have to say so at this meeting . Just because we are closing as we have a lot of other adenda items to do , doesn ' t mean this is the end but you have to in a sense , as taypayers do the same thing that we are , and look at the overall community . Paul Booth , 107 Judd Falls Road stated that he would like to ask the Board where were their thoughts in regard to liability six months ago when your initial plan was presented to us , when the bids were put out on the curbing for actually doing Judd Falls Road one-way . He went on to say that there was actually no thought about liability or anything then . Why the assumption that when the experiment is over we naturally go back to two-way traffic , the experiment was to delay implementation of a one-way plan on Judd Falls Road . We asked for the delay to see safety concerns , traffic concerns . You have obviously addressed the safety concerns , the traffic concerns because we routed 2 , 000+ cars away from the entire Forest Home community . He stated that he did not see where the failure in the experiment is that says we are not going to do what you guys originally proposed to us . Supervisor Desch relied that he had not heard anyone say the experiment was a failure . Mr . Booth replied , then if it is a success , the way it was presented to me was that the experiment was to see whether the one-way plan , as you proposed it to us , would work . You , yourself Town Board 28 May 11 , 1987 said the one-way experiment was not a failure . Where is the one-way plan that you spent our taxpayers dollars to work up . He stated that he had blueprints that were sent to everybody showing a ccu pletely one way road . You planned for it then . Mr . Fabbroni told us there were studies then that supported it . What has happened to those studies now? You argued very convincingly that Judd Falls Road should be one-way . There was no thought of Caldwell Road at that time . Supervisor Desch replied that the plans are still valid and as several people have said , the results are not all in and this is true . Mr . Booth remarked , and yet your decision is made . Supervisor Desch replied , the decision is the same as the original decision . Mr . Booth replied that he disagreed with this as the Board presented us with a one-way plan . The experiment was to, delay the implementation of that plan for six months while it was evaluated . The six months are gone , the plan should be evaluated unless the experiment was a failure and it was not . Councilwoman Leary stated that when she voted for the experiment she stated that she was not under the impression that it would necessarily go back to two-way at the end of the time . Fran what everybody else is saying here , it should stay the way it is regardless of what ever happens to the other road . She noted that she was not convinced that Caldwell has to be two-way , but what ever happens there it sounds like Judd Falls Road being so heavily residential and the road was never meant to take this kind of traffic . It sounds like . Judd Falls should be one-way no matter what else happens anywhere else . Personally if we are studying the traffic in the general area it shouldn ' t hurt to keep it one-way while we are studying the traffic in the general area . If there is anyway to reconstruct Caldwell Road and do rerouting . Councilwoman Raffensperger stated that this whole Board raised the question a month ago about why the one-way was going to be discontinued on Judd Falls Road on the 15th . She stated that she knows what the resolution says . It says the experiment will continue and she felt this was ambiguous as to whether or not the one-way would continue while it was being evaluated . There were three reasons given to this entire Board as to why we had to open Judd Falls Road while we were evaluating the results of the experiment and other alternatives . One of the things that came up was the other side of the community being one-way which is something that in the past the community has opposed . Now the community seems to be saying , let ' s look at it . The three reasons were : that Cornell has closed the Collegetown bridge which has done all kinds of things , I ' m sure you know , to the traffic patterns in that area . That ' s something that last September or last summer we had no idea Cornell was going to do . The paving of the road along Beebe Lake , I know the Town hoped would take place last fall . It did not because of the weather . It is going to have to be done this summer , that was the second reason this Board was given . And the third reason is that Caldwell Road is getting a lot more traffic , as you people on the other side know, than we anaticipated , then we guessed . when you do experiments you guess about what is going to happen . It ' s getting a lot more traffic and its deteriorating and she stated that she was concerned about the basic safety of it . Even if people keep to the speed limit all kind of things , she stated that she thought there were areas on it that were really unsafe and the Town does have the responsibility to make sure that you and everybody else who comes on Caldwell are Town Board 29 May 11 , 1987 reasonably safe . She stated that the reason she asked the question can we fix it up and make it safe is because she did not know . It is a technical question . That was the reason the whole Board was given for the opening of that , it wasn ' t that we didn ' t ask about it or were not concerned about the opening of Judd Falls Road , Wayne Stokes remarked that he did not understand why so much concern over liability goes everywhere else except where pedestrian traffic is . He went on to question what happened to the suggestion that he made , as far as involving Cornell with helping us out to correct our traffic problems . Why was no comment made? Supervisor Desch replied , Cornell will be involved . Mr . Stokes replied , involved to the point of allowing us to use one or both of the Plantations Roads as a way of delaying things , and taking care of things like the Caldwell Road problem that you have . He stated that he did not like the feelings that he had that although suggestions and other suggestions that people have made here have just been absorbed without any comment as to whether or not they are going to be responded to or what . Supervisor Desch replied that Mr . Stokes ideas and all others will be in the record and will be taken into account in any future actions taken . Mr . Stokes replied that he would like scene action taken now and that it seemed to him that the Board had other issues on the agenda but what is more important than the people of the Town who show up to discuss something . Supervisor Desch replied , nothing is more important . That ' s how we make decisions . Councilman Cramer remarked , in regard to the reopening of Judd Falls Road , the Highway Committee net and reviewed the traffic data , reviewed the concerns that the construction season will have on the community , the impact on the community , and resolved that temporarily the experiment that existed on Judd Falls Road would have to , for public safety reasons , be terminated . The decision of the Highway Committee which effects the Board deals with the public safety of the community , He stated that he understood and sympathized with the residents of Judd Falls Road and realized that the decrease in the traffic count on Judd Falls Road was startling and enlightening and promising . We do need a permanent solution , we do need a by-pass solution and he stated that he felt the Town Board was going to take action in regard to that in the very near future . The Forest Home Improvement Association has brought forth four resolutions , he stated that he would like the Town Board this evening to take action to ask the Engineer to look into the mercury vapor lights . He stated that that issue has been before the Town on numerous occasions and if we could address that issue we could resolve one of the issues that is a public safety issue in the Forest Home community . • Supervisor Desch stated that the Town Attorney should look at the resolution , in terms of the district whether the district needs to petition or not . This is an appropriate request . Bruce Brittian , 135 Warren Road stated that he would like to end on a more positive note , he stated that he would like to thank the Town Board for their time both tonight and the time they have spent in the past on this and with this as a ccMMunity and said that he would like to look forward to working with all or some of you in the future . SfF Town Board 30 May 11 , 1987 Supervisor Desch thanked Mr . Brittain and also all who came this evening . PUBLIC HERRING TO CONSIDER AMENDING THE TRAFFIC ORDINANCE Proof of posting and publication of notice of a public hearing to consider amending the traffic Ordinance having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Barney noted that the major differences were in Section 5 and Section 6 . He noted that signs were now on a separate schedule , attached . As no one present wished to speak , the Supervisor closed the public hearing . RESOLUTION NO . 108 Motion by Councilman Cramer ; seconded by Councilman Bartholf ; ORDINANCE AMENDING AND RESTATING ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Pursuant to Section 130 of the Town Law of the State of New York Section 1660 of the Vehicle and Traffic Law of the State of New York , the Town Board of the Town of Ithaca , Tompkins County , New York does ordain and enact as follows : Section 1 . Territory Affected . This ordinance shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights , Section 2 . Superseding and Amending of Prior Ordinances . This ordinance amends and restates the traffic ordinance of the Town of Ithaca adopted September 7 , 1961 effective September 26 , 1961 and all amendments thereto and to the extent the provisions of said earlier ordinances conflict with the ordinance as set forth herein , this ordinance shall govern . Section 3 . Parking Vehicles . The parking of motor vehicles or any part thereof on the paved portion of Town highways , or upon the shoulder or upon or in any ditch adjoining said highways , is prohibited in all of the following locations : ( a ) On both sides of McIntyre Place . (b) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with Forest Home Drive . ( c ) On both sides of Pleasant Grove Road from the Village of Cayuga Heights line to the intersection with Forest Home Drive (Route 392 ) . (d) On both sides of Snyder Hill Road from the Town of Dryden line to the intersection with Pine Tree Road . (e ) On both sides of Judd Falls Road from Route 366 southerly to the railroad overpass . ( f) On the west side of Coddington Road fran the intersection Of Coddington Read with the center line of the Ithaca College Road northerly 110 feet fran said intersection . (g) On the south side of Mitchell Street fran the Town of Town Board 31 May 11 , 1987 Ithaca line easterly to Pine Tree Road . (h) On the north side of Mitchell Street from the Town of Ithaca line easterly to Judd Falls Road . ( i ) On both sides of Judd Falls Road from its intersection with Tower Road to its intersection with New York State Route 366 , Section 4 . Stopping of Motore Vehicles . The stopping of motor vehicles , other than in accordance with erected traffic control devices , or as may be required by traffic conditions , is prohibited in the following locations : ( a) Buttermilk Falls Road West in its entirety . ( b) Buttermilk Falls Road East in its entirety . Section 59 Stop Signs . The intersections enumerated on Schedule A annexed hereto are designated as stop intersections and stop signs are ordered installed at the entrance to such intersections as set forth on Schedule A . Section 6 . Yield Signs . The intersections set forth on the annexed Schedule B are designated as yield intersections and yield signs are ordered installed at entrances to such intersections as set forth on Schedule B . Section 7 . Penalties . ( a) Any violations of Sections 3 and 4 shall constitute a traffic infractiona and any persons violating the same shall be deemed guilty of a traffic infraction and shall be punishable by a fine of not more that $50 . 00 or by imprisonment for not more than 15 days or by both such fine and imprisonment . (b) Failure to observe the signs erected in accordance with Sections 5 or 6 shall be treated as a traffic infraction and shall be punished as set forth in the Vehicle and Traffic Law of the State of New York , Section 8 . This ordinance shall be effective 10 days after publication and posting in accordance with Section 133 of the Town Law , SCHEDULE A - STOP SIGNS On Birchwood Drive at Salem Drive On birchwood Drive North at Salem Drive On Blackstone Avenue at Roat Street ; eastbound approach On Blackstone Avenue at Roat Street ; westbound approach On Blackstone Avenue at Christopher Lane On Brandywine Drive at Christopher Lane On Campbell Avenue at Brookfield Road • On Christopher Circle (east end) at Christopher Lane On Ciristopher Circle (west end) at Christopher Lane On Concord Place at Burleigh Drive On Coy Glen Road at Elm Street Extension On Deerfield Place at Salem Drive On Deerfield Place at Winston Drive On Dove Drive at tis easterly intersection with Snyder Hill Road On Dove Drive at tis westerly intersection with Snyder Hill Road On Drew Road at Woodgate Lane On Forest Home Drive at Caldwell Road On Forest Home Drive at Warren Road , eastbound approach . Town Board 32 May 11 , 1987 On Forest Home Drive at Warren Road , westbound approach On Glenside Road at Coy Glen Road On Haller Boulevard at Elm Street Extension On Harwick Road at Wildflower Drive On Judd Falls Road at Tower Road , northbound approach On Judd Falls Road at Tower Road , southbound approach On Judd Falls Road at Arboretum Road On Lexington Drive East at Burleigh Drive On Lexington Drive West at Burleigh Drive On Lisa Place at Lisa Lane On Longview Drive at Poole Road On Maplewood Drive at Salem Drive On McIntyre Place at Judd Falls Road On McIntyre Place at Forest Hcme Drive On Penny Lane at Abbey Road , eastbound approach On Regency Lane at Snyder Hill Road On Renwick Place at its northerly intersection with NYS Route 34B On Renwich Place at its southerly intersection with NYS Route 34B on Rosehill Road at Muriel Street On Rosehill Road at Winston Drive On St . Catherine Circle at Siena Drive On Simsbury Drive at Brandywine Drive On Strawberry Hill Road at Wildflower Drive On Sugarbush Lane at Snyder Hill Road On Sycamore Drive at Salem Drive On Tareyton Drive at Rosehill Road , northbound approach On Tareyton Drive at Rosehill Road , southbound approach On Terraceview Drive at Honness Lane On The Byway at its easterly intersection with Forest Home Drive On The Byway at its westerly intersection with Forest Home Drive On Townline Road at Sandbank Road On Valley View Road at Elm Street Extension On Vera Circle at its northerly intersection with Woodgate Lane On Vera Circle at its southerly intersection with Woodgate Lane On West Haven Road at Elm Street Extension On Wildflower Drive at Honness Lane On Winston Court at Winston Drive On Winston Court where the southerly portion of Winston Court running east and west intersects the westerly portion of Winston Court running north and south On Winston Court at the southerly end of the middle portion of Winston Court which runs north and south On Winston Court at the northerly end of the middle portion of Winston Court which runs north and south On Winston Court where the easterly end of the sourtherly portion of Winston Court running east and west intersects the easterly portion of Winston Court running north and south On Winston Drive at Salem Drive On Woodgate Lane at Poole Road On Wyckoff Road at Renwick Heights Road SCHEDULE B - YIELD SIGNS On Blackstone Avenue at Siena Drive On Brandywine Drive at Winthrop Drive On Dove Drive , southbound approach , at the east end of Pheasant Lane On Eastern Heights Drive at Joanne Drive On Eastern Heights Drive at Sharlene Drive , westbound approach On Eastern Heights Drive at Sharlene Drive , eastbound approach On Elm Street Extension at Culver and Poole Roads On Grove Place at Grove Road On Grove Road at Woolf Lane On Hickory Place at Juniper Drive On Hickory Place at Pineview Terrace Town Board 33 May 11 , 1987 On Landmark Drive at Eastern Heights Drive On Landmark Drive at Park Lane On Lisa Lane at Texas Lane On Maplewood Drive at Pinewood Drive On Orchard Street at Roat Street On Pennsylvania Avenue at Kendall Avenue On Penny Lane at Abbey Road , westbound approach On Pheasant Lane at Dove Drive , westbound approach On Pineview Terrace at Juniper Drive On Pinewood Place at Birchwood Drive North On Renwick Drive at Renwick Heights Road On St . Catherine Circle at Blackstone Avenue On Sandra Place at Winthrop Drive On Sharlene Road at Snyder Hill Road On Sharlene Road at Tudor Road On Sky Vue Road at Snyder Hill Road On Snyder Hill Road at Pine Tree Road On Stone Quarry Road at King Road West On Sycamore Drive at Pinewood Drive On Tudor Road at Park Lane On Winston Court at Salem Drive 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 The Resolution was thereupon declared duly adopted . AMENDMENT TO LOCAL LAW # 5 - 1985 , RELATING TO FLOOD DAMAGE PROTECTION Proof of posting and publication of notice of public hearing to consider an amendment to Local Law # 5 - 1985 , relating to Flood Damage Protection , having been presented by the Town Clerk , the Supervisor opened the public hearing . Attorney Richard Ruswick stated that there was one item he wished to bring to the Board ' s attention . Our present law requires that mobile homes that are placed on pilings must be on stable soil and Placed no more than 10 ' apart and reinforced if pilings are more than 6 ' above the ground . They are not required under the federal regulations and that he had left them out . Supervisor Desch responded that it was more of a technical aspect and would be covered in the application process . As no one present wished to speak for or against the proposed amendments to the local law the Supervisor closed the public • hearing . LOCAL LAW NO . 9 - 1987 Motion by Councilwoman Howell ; seconded by Councilman Bartholf , LOCAL LAW NO . 9 - 1987 A LOCAL LAW FOR FLOOD DAMAGE PREVENTION Town Board 34 May 11 , 1987 Section 1 . Article XV of the Zoning Ordinance of the Town of Ithaca , which Article was added to such ordinance by Local Law # 5 of the year 1985 be and the same is hereby amended to read as set forth below : SECTION 1 . 0 STATUTORY AUTHORIZATION AND PURPOSE 1 . 1 FINDINGS The Town Board fo the Town of Ithaca finds that the protential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Ithaca and that such damages may • include : destruction or loss of private and public housing , damage to public facilities , both publicly and privately owned , and injury to and loss of human life . In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth , this local law is adopted . 1 . 2 STATEMENT OF PURPOSE It is the purpose of the local law to promote the public health , safety , and general welfare , and to minimize public and private losses due to flood conditions in specific areas by provisions designed to : ( 1 ) regulate uses which are dangerous to health , safety and property due to water or erosion hazards , or which result in damaging increases in erosion or in flood heights or velocities ; ( 2 ) require that uses vulnerable to floods , including facilities which serve such uses , be protected against flood damage at the time of initial construction ; ( 3 ) control the alteration of natural flood plains , stream channels , and natural protective barriers which are involved in the accommodation of flood waters ; ( 4 ) control filling , grading , dredging and other development which may increase erosion or flood damage ; ( 5 ) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands , and ; ( 6 ) qualify and maintain eligibility for participation in the National Flood Insurance Program . 1 . 3 OBJEC'T'IVES The objectives of this local law are : ( 1 ) to protect human life and health ; • ( 2 ) to minimize expenditure of public money for costly flood control projects ; ( 3 ) to minimize the need for rescue and relief efforts associated with flooding and general undertaken at the expense of the general public ; ( 4 ) to minimize prolonged business interruptions ; ( 5 ) to minimize damage to public facilities and utilities such as water and gas mains , electric , telephone , sewer lines , streets Town Board 35 May 11 , 1987 and bridges located in areas of special flood hazard ; ( 6 ) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas ; ( 7 ) to provide that developers are notified that property is in an area of special flood hazards and , ( 8 ) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions . • SECTION 2 . 0 DEFINITIONS Unless specifically defined below , words or phrases used in this local ' law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application . "Appeal „ means a request for a review of the Building Inspector ' s interpretation of any provision of this Local Law or a request for a variance , "Area of shallow flooding" means a designated AO or VO Zone on a cam unity ' s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist , where the path of flooding is unpredictable and indeterminate , and where velocity flow may be evident . "Area of special flood hazard " is the land in the floodplain within a ccMunity subject to a one percent or greater change of flooding in any given year . This area may be designated as Zone A , AE , AH , A0 , A1-990P V , V0 , VE , or V1-30 . It is also commonly referred to as the base flood plain or 100-year floodplain . "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year . "Basement " means that portion of a building having its floor subgrade (below ground level ) on all sides . "Building" means any structure built for support , shelter , or enclosure for occupancy or storage . "Cellar " has the same meaning as "Basement" "Development " means any manmade change to improve or unimproved real estate , including but not limited to buildings or other structures , mining , dredging , filling , paving , excavation or drilling operations located within the area of special flood hazard . "Elevated building " means a non-basement building built to have the • lowest floor elevated above the ground level by means of fill , solid foundation perimeter walls , pilings , columsn (posts and piers ) , or shear walls . "Existing manufactured home Park or manufactured have suvidivision" means a parcel (or contiguous parcels ) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured have is to be affixed ( including , at a minimum, the installation of utilities , either final site grading or the pouring 0 97 Town Board 36 May 11 , 1987 of concrete pads , and the construction of streets ) is completed before the effective date of Local Law # 5 - 1985 . "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas front ( 1 ) the overlow of inland or tidal waters ; ( 2 ) the unusual and rapid accumulation or runoff of surface water fron any source . "Flood Boundary and Floodway Map (FBFM) " means an official map of the Community published by the Federal rgency Management Agency • as part of a river in Community ' s Flood Insurance Study . The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study . "Flood Hazard Boundary Map (FHBM) " means an official map of a community , issued by the Federal Emergency Management Agency , where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided . "Flood Insurance Rate Map (FIRM) " means an official map of a community , on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community . "Flood Insurance Study " is the official report provided by the Federal Emergency Management Agency . The report contains flood profiles , as well as the Flood Boundary Floodway Map , as elevations of the base flood . "Floodproofing" means any combination of structural and non-structural additions , changes , or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property , water and sanitary facilities , structures and their contents . "Floodway has the same meaning as "Regulatory Floodway" "Functionally dependent use " means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water , such as a docking or port facility necessary for the loading and unloading of cargo or passengers , shipbuilding , and ship repair . The term does not include long-term storage , manufacture , sales , or service facilities . "Lowest Flood " means lowest level including basement , cellar , crawlspace or garage of the lowest enclosed area . "Manufactured home " means a structure , transportable in one or more sections , which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities . The term also includes park trailers , travel trailers , and similar transportable structures placed on a site for 180 consecutive days or longer . "Mean Sea Level " means , for purposes of the National Flood Insurance Program , the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community ' s Flood Insurance Rate Map are referenced . "New Construction" means structures for which the " start of construction " commenced on or after the effective date of this Local Law. . � 9 .7 Town Board 37 May 11 , 1987 "Principally Above Ground" means that at least 51 percent of the actual cash value of the structure , excluding land value , is above ground . "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that may be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4 . 3-2 of this Law . " Start of Construction" includes substantial improvement and means the first placement of permanent construction of a structure (other than a manufactured hare ) on a site , such as the pouring of slabs or footings , the installation of piles , the construction of columns or any work beyond the stage of excavation . Permanent construction does not include land preparation , such as clearing , grading , and filling , nor does it include the installation of streets and/or walkways ; nor does it include excavation for a basement , footings , piers or foundations or the erection of temporary forms ; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not as part of the main structure . For manufactured homes , " start of construction" is the date on which the construction of facilities for servicing the site on which the manufactured have is to be affixed ( including , at a minimum, the construction of streets , either final site grading or the pouring of concrete pads , and installation of utilities ) is commenced but in any event , no later than the placement of a manufactured hone on a foundation . " Structure " means a walled and roofed building , a manufactured hare , or a gas or liquid storage tank , that is principally above ground . " Substantial Improvement" means any repair , reconstruction , or improvement of a structure , the cost of which equals or exceeds 50 percent of the market value of the structure either : ( 1 ) before the improvement or repair is started ; or ( 2 ) if the structure has been damaged and is being restored , before the damage occurred . For the purposes of this definition " substantial improvement " is considered to canmence when the first alteration of any wall , ceiling , floor or other structual part of the building commences , whether or nt that alteration affects the external dimensions of the structure . The term does not , however , include either $ ( 1 ) any project for improvement of a structure to comply with existing state or local building , fire , health , sanitary , or safety code specifications which are solely necessary to assure safe living conditions ; or . ( 2 ) any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places . "Variance " means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this Local Law , SECTION 3 . 0 GENERAL PROVISIONS X97 Town Board 38 May 11 , 1987 3 . 1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Ithaca . 3 . 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Ithaca , or Tompkins County , New York " , dated June 4 , 1984 , with accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps is hereby adopted and declared to be a part of this Local Law . The Flood Insurance Study and maps are on file at the office of the Town Clerk , 3 . 3 INTERPRETATION , CONFLICT WITH OTHER LAWS This Local Law is adopted in response to revisions to the National Flood Insurance Program effective October 1 , 1986 and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance . In their interpretation and application , the provisions of this Local Law shall be held to be minimum requirements , adopted for the promotion of the public health , safety , and welfare . Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules , regulations , or ordinances , the most restrictive , or that imposing the higher standards , shall govern . 394 SEVERABILITY The invalidity of any section or provision of this Local Law shall not invalidate any other section or provision thereof . 3 . 5 PENALTIES FOR NON-C LIANCE No development shall occur and no structure shall hereafter be constructed , located , extended , converted , or altered and no land shall be excavated or filled without full compliance with the terms of this Local Law and any other applicable regulations , including receipt of the development permit set forth below together with any building permits required pursuant to any building , zoning or other rule , law, or regulation governing construction . Any violation of the provisions of this Local Law by failure to comply with any of its requirements , including violations of conditions and safeguards established in connection with conditions of the permit , shall constitute a misdemeanor . Any person who violates this Local Law or fails to comply with any of its requirements shall , upon conviction thereof be fined not more than $ 500 or imprisoned for not more than 30 days or both , for each violation , and in addition , shall pay all costs and expenses involved in the case . Each day of noncompliance shall be considered a separate offense . Nothing herein contained shall prevent the Building Inspector from taking • such other lawful action as necessary to prevent or remedy a violation . Any structure found not complying with the requirements of this Local Law for which the owner has not applied for and received an approved variance under Section 6 . 0 will be declared non complying and notification set to the Federal Emergency Management Agency , 3 . 6 WARINING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on Town Board 39 May 11 , 1987 scientific and engineering considerations. Larger floods can and will occur on rare occasions . Flood heights may be increased by manmade or natural causes . This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be " free from flooding or flood damages . This local law shall not create liability on the part of the Town of Ithaca , any officer or employee thereof , or the Federal Emergency Management Agency , for any flood damages that result fran reliance on this local law or any administrative decision lawfully made thereunder . SECTION 4 . 0 ADMINISTRATION 4 . 1 REQUIREMENT FOR DEVELOPMENT PERMIT ( 1 ) A development Permit shall be obtained before any development or start of construction , whichever occurs earlier , within any area of special flood hazard established in Section 3 . 2 . ( 2 ) The Building Inspector is hereby appointed Local Administrator to administer and implement this local by granting or denying Development Permit applications in accordance with its provisions . ( 3 ) The Building Inspector may include such conditions to the grant of any Development Permit as the Building Inspector may reasonably require to carry out the purpose of this law, and , further , in consideration of technical evaluations , all relevant factors and standards specified in other sections of this law including , but not limited to , those set forth in Section 6 . 1 ( 4 ) , below . 4 . 2- 1 DEVELOPMENT PERMIT APPLICATION ( 1 ) The application for the Development Permit must be made by the Owner of the property , or by a person duly authorized by the Owner ( "hereinafter collectively referred to as the 'Owner" ) , on forms prepared by the Building Inspector . ( 2 ) The following information is required where applicable : (a) plans , in duplicate , drawn to scale showing the nature , location , dimension , and elevations of the area in question , existing and/or proposed structures , fill , storage of materials and drainage facilities , (b) elevation in relation to mean sea level of the proposed lowest floor ( including basement or cellar) of all structures ; (c) elevation in relation to mean sea level to which any non-residential structure will be flood proofed ; • (d) when required , a certificate from a licensed professional engineer or architect that tte utility floodproofing will meet the criteria in Section 5 . 1-3 ( 1 ) ; (e ) certificate from a licensed professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in Section 5 . 2 ; and ( f) description of the extent to which any watercourse or regulated floodway will be altered or relocated as a 95� Town Board 40 May 11 , 1987 result of proposed development . ( g) such other information as the Building Inspector may reasonably require . ( 3 ) Any permit issued may require that the work for which the permit is granted shall be begun on a date which shall be no more than three months after its issue . The estimated date of completion of the work shall appear on the permit . The Building Inspector may grant extensions of time as the Building Inspector may reasonably determine , taking into account the factors and standards set forth elsewhere in this law and the Building Inspector may require additional • conditions taking into account such factors and standards and any changes in the physical facts , or in any applicable law , code or regulations , and the extent of the progress of such work at the time of application . Such application for extension shall be made on forms prepared by the Building Inspector . 4 . 2-2 DUTIES OF OWNER ( 1 ) Upon placement of the lowest floor , or flood-proofing by whatever means , it shall be the duty of the Owner to submit to the Building Inspector a certificate of the elevation of the lowest floor , or flood-proofed elevation , in relation to mean sea level . The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same . When flood-proofing is utilized for a particular building the flood-proofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same . The Building Inspector shall review all data submitted . Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected . ( 2 ) It shall be the responsibility of the Owner to insure that all work and construction has been done in canpliance with the requirements of this law . The Owner shall sign and acknowledge a certificate that the work has been performed and campleted in accordance with all provisions of this law and the conditions of a permit . The Building Inspector may also require that such a certificate be signed by a competent person who has supervised or examined the work . 493 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPEC'T'OR Duties of the Building Inspector shall include , but not be limited to : 493,-1 PERMIT APPLICATION REVIEW ( 1 ) Review all Development Permit applications to determine that the requirements of this local law have been satisfied . • ( 2 ) Review all Development Permit applications to determine that all necessary permits have been obtained from those Federal , State or local governmental agencies from which prior approval is required . ( 3 ) Review all Development Permits for campliance with the provisions of Section 5 . 1-5 , Encroachments . 4 . 3-2 USE OF OTHER BASE FLOOD AND FLOODwAY DATA 0L Town Board 41 May 11 , 1987 When base flood elevation data has not been provided in accordance with Section 3 . 2 , BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD , the Building Inspector shall obtain , review and reasonably utilize any base flood elevation and floodway data available from a Federal , State or other source , including data developed pursuant to Section 5 . 1-4 ( 4 ) in order to administer Section 5 . 2 , SPECIFIC STANDARDS and Section 5 . 3 FLOODWAYS . 4 . 3-3 INFORMATION TO BE OBTAINED AND MAINTAINED ( 1 ) Obtain and record the actual elevation , in relation to mean sea level , of the lowest floor , including basement or cellar of all new or substantially improved structures , and whether or not the structure contains a basement or cellar . ( 2 ) For all new or substantially improved floodproofed structures . ( i) obtain and record the actual elevation , in relation to mean sea level , to which the structure has been floodproofed ; and ( ii) maintain the floodproofing certifications required in Sections 5 . 1 and 5 . 2 . ( 3 ) Maintain for public inspection all records pertaining to the provisions of this local law including variances when granted and Certificates of Compliance . 4 . 3-4 ALTERATION OF WATERCOURSES ( 1 ) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse , and submit evidence of such notification to the Federal Insurance Administrator . ( 2 ) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished . 4 . 3-5 INTERPRETATION OF FIRM BOUNDARIES The Building Inspector shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions . Base flood elevation data established pursuant to Section 3 . 2 and/or Section 4 . 3-2 , when available , shall be used to accurately delineate the area of special flood hazards . The Building Inspector shall use flood information from any other authoritative source , including historical data , to establish the limits of the area of special flood hazards when base flood elevations are not available . 4 . 34 STOP WORK ORDERS ( 1 ) All floodplain development or construction found ongoing without an approved Development Permit , or any other required permits , shall be subject to the issuance of a stop work order by the Building Inspector . Disregard of a stop work order shall be subject to the penalties described in Section 3 . 5 of this Local Law. ( 2 ) All floodplain development found to be not complying with the provisions of this law and/or the conditions of the approved Town Board 42 May 11 , 1987 permit shall be subject to the issuance of a stop work order by the Building Inspector . Disregard of a stop work order shall be subject to the penalties described in Section 3 . 5 of this Local Law, 4 . 3-7 INSPECTIONS The Building Inspector or , if required by the Building Inspector , the Owner ' s engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable the person who is conducting the inspection to certify that the developTent is in compliance with the requirements of either the Development • Permit or the approved variance . 4 . 3-8 CERTIFICATE OF COMPLIANCE ( 1 ) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises , or both , or part thereof hereafter created , erected , changed , converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Compliance has been issued by the Building Inspector stating that the building or land conforms to the requirements of this Local Law . ( 2 ) All other development occurring within the designated flood hazard area will have upon ccopletion a Certificate of Compliance issued by the Building Inspector . All certifications shall be based upon the inspections conducted subject to Section 4 . 3-7 , the certification of professionally qualified representatives made pursuant to Section 4 . 3-7 and/or certified elevations , hydraulic information , floodproofing , anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit . SECTION 5 . 0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5 . 1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required : 5 . 1-1 ANCHORING ( 1 ) All new construction and substantial improvements shall be anchored to prevent flotation , collapse , or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads , including the effects of buoyancy . ( 2 ) All manufactured homes shall be installed using methods and practices which minimize flood damage . Manufactured hones must be elevated and anchored to resist flotation , collapse , • or lateral movement . All manufactured hones to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured one i_s at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the following requirements . ( i ) Over-the-top ties shall be provided at each of the four corners of the manufactured hone , with two additional ties per side at intermediate locations , with manufactured hones less than 50 feet long Town Board 43 May 11 , 1987 requiring one additional tie per side . ( ii ) Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points , with manufactured homes less than 50 feet long requiring four additional ties per side . All components of the anchoring system shall be capable of carrying a force of 4 , 800 pounds ; and ( iv) Any additions to the manufactured home shall be similarly anchored . 5 . 1-2 CONSTRUCTION MATERIALS AND METHODS ( 1 ) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage . ( 2 ) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage . 5 . 1-3 UTILITIES ( 1 ) All new construction and substantial improvement shall be constructed with electrical , heating , ventilation , plumbing , air conditioning equipment , and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding . when designed for loction below the base flood elevation , a professional engineer ' s or architect ' s certification is required that such utilities meet this specification . ( 2 ) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; ( 3 ) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters ; and ( 4 ) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding . 5 . 1-4 SUBDIVISION PROPOSALS ( 1 ) All subdivision proposals , including proposed manufactured hone parks or subdivisions , shall be consistent with the need to minimize flood damage ; ( 2 ) All subdivision proposals , including proposed manufactured home parks or subdivisions , shall have public utilities and facilities such as sewer , gas , electrical , and water systems located and constructed to minimize flood damage ; ( 3 ) All subdivision proposals , including proposed manufactured home parks or subdivisions , shall have adequate drainage provided to reduce exposure to flood damage ; and , ( 4 ) Base flood elevation data shall be provided for subdivision proposals and other proposed developments ( including proposals for manufactured hone parks and subdivisions ) greater than either 50 lots or 5 acres . Town Board 44 May 11 , 1987 5 . 1-5 ENCROACHMENTS ( 1 ) In all areas of special flood hazard in which base flood elevation data is available pursuant to Section 4 . 3-2 or Section 5 . 4-4 ( 4 ) and no floodway has been determined the cumulative effects of any proposed development , when combined with all other existing and anticipated development , shall not increase the water surface elevation of the base flood more than one foot at any point . ( 2 ) In all areas of the special flood hazard where floodway data is provided or available pursuant to Section 4 . 3-2 the requirements of Section 5 . 3 , Floodways , shall apply . i5 . 2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3 . 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS and Section 4 . 3-2 , USE OF OTHER BASE FLOOD DATA , the following standards are required . 5 . 2-1 RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor , including basement or cellar , elevated to or above the flood elevation . 5 . 2-2 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial , industrial or other non-residential structure , together with attendant utility and sanitary facilities , shall either : have the lowest floor , including basement or cellar , elevated to or above the base flood elevation ; or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water . All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy . If the structure is to be floodproofed : ( i ) a licensed professional engineer or architect shall develop and/or review structural design , specifications , and plans for the construction , and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water , with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy ; and ( ii ) a licensed professional engineer or licensed land surveyor shall certify the specific elevation ( in relation to mean sea level ) to which the structure is floodproofed . . The Building Inspector shall maintain on record a copy of all such certificates noted in this section . 5 . 3 FLOODWAyS Located within areas of special flood hazard are areas designated as floodways ( see definition , Section 2 . 0 ) . The floodway is an extremely hazardous area due to high velocity flood waters carrying debris and posing additional threats from potential erosion forces . When floodway data is available for a particular site as provided 00 .-71 Town Board 45 May 11 , 1987 by Section 3 . 2 and Section 4 . 3-2 , all encroachments including fill , new construction , substantial improvements , and other development are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and no manufactured home shall be placed within the limits of the floodway except in an existing manufactured home park or existing manufactured home subdivision . SECTION 6 . 0 VARIANCE PROCEDURE • 691 APPEALS BOARD ( 1 ) The Zoning Board of Appeals as established by the Town Board shall hear and decide appeals and requests for variances from the requirements of this local law . ( 2 ) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement , decision , or determination made by the Building Inspector in the enforcement or administration of this local law . ( 3 ) Those aggrieved by the decision of the Zoning Board of Appeals , or any taxpayer owining property in the Town of Ithaca who may have a significant interest in the decision and proceedings on which it was based , may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules . ( 4 ) In passing upon such applications , the Zoning Board of Appeals shall consider all technical evaluations , all relevent factors , standards specified in other sections of this local law, and ( i) the danger that materials may be swept onto other lands to the injury of others ; ( ii ) the danger to life and property due to flooding or erosion damage ; ( iii ) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner ; ( iv) the importance of the services provided by the proposed facility to the community ; ( v) the necessity to the facility of a waterfront location , where applicable ; ( vi ) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage ; ( vii ) the compatibility of the proposed use with existing and anticipated development ; (viii ) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area ; ( ix) the safety of access to the property in times of flood for ordinary and emergency vehicles ; Town Board 46 May 11 , 1987 ( x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding ; ( xi) the expected heights , velocity , duration , rate of rise , and sediment transport of the flood waters and the effects of wave action , if applicable , expected at the site ; and ( xii ) the costs of providing governmental services during and after flood conditions , including search and rescue operations , maintenance and repair of public utilities and facilities such as sewer , gas , electrical , and water systems and streets and bridges . ( 5 ) Upon consideration of the factors of Section 6 . 1 ( 4 ) and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law . ( 6 ) The Zoning Board of Appeals shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request . 6 . 2 CONDITIONS FOR VARIANCES ( 1 ) Generally , variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level , Providing items ( i-xii ) in Section 6 . 1 ( 4 ) have been fully considered . As the lot size increases beyond the one-half acre , the technical justification required for issuing the variance increases . ( 2 ) Variances may be issued for the reconstruction , rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places , without regard to the Procedures set forth in the remainder of this section . ( 3 ) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that : ( i ) the criteria of subparagraphs 1 , 41 5 , and 6 of this section are met ; ( ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety . ( 4 ) Variances shall not be issued within any designated floodway if any increases in flood levels during the base flood discharge would result . ( 5 ) Variances shall only be issued upon a determination that the variance is the minimum necessary , considering the flood hazard , to afford relief . ( 6 ) Variances shall be issued only upon ; ( i ) a showing of good and sufficient causes Town Board 47 May 11 , 1987 ( ii ) a determination that failure to grant the variance would result in exceptional hardship to the applicant ; and a determination that the granting of a variance will not result in increased flood heights , additional threats to public safety , extraordinary public expense , create nuisances , cause fraud on or victimization of the public or conflict with existing local laws or ordinances , ( 7 ) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation . SECTION 2 . This Local Law shall take effect 20 days after is adoption or upon its filing with 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 . 9 - 1987 , was thereupon declared duly adopted , FINANCIAL REPORT RESOLUTION NO . 109 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the April Financial Report , (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) , CPA AUDIT REPORT This item will be considered at the June Town Board meeting . TOWN OF ITHACA WARRANTS RESOLUTION N0 , 110 Motion by Councilman Cramer ; seconded by Councilman Mcpeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated May 11 , 1987 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . $ 38 , 252 , 39 General Fund - Outside Village . . . . . . . . . . . . . . . . . . $ 13 , 168 . 37 Town Board 48 May 11 , 1987 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32 , 266 . 94 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 457 , 707 . 47 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . . $ 10 , 000 . 00 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 420 . 59 BOLTON POINT WARRANTS RESOLUTION N0 , 111 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Bolton Point Warrants dated May 11 , 1987 , in the Operating Account are hereby approved , in the amount of $ 62 , 807 . 39 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . ENVIRONMENTAL ASSESSMENT FORM ON THE LOCAL LAW PERTAINING TO FLOOD DAMAGE PREVENTION Supervisor Desch remarked that the Board members all have the Environmental Assessment Form on the local law pertaining to Flood Damage Prevention , in their packets , which the Town Planner recommends a negative declaration . RESOLUTION N0 , 112 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the findings of a negative declaration on the environmental assessment form on the local law pertaining to Flood Damage Prevention . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . The Attorney Barney stated that to be techically correct , the Board should reaffirm their vote on the Local Law pertaining to the Flood Damage Prevention , Supervisor Desch then call for a roll call vote reaffirming the Board ' s vote on the Local Law , 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 REVISED ENVIRONMENTAL ASSESSMENT FORMS Supervisor Desch stated that as he pointed out at the beginning of the meeting there is a new set of forms that have cone with the State ' s revisions to SEAR . He stated that he thought that since these regulations are to be implemented June 1 which is prior to our next meting , we need to adopt the new envi me ronmental assessment forms . He asked if the Board had any quesions on them, he know Town Board 49 May 11 , 1987 that they will take more time in the future in preparing them than the present forms . Councilwoman Raffensperger asked if they were not presently part of the local law? Supervisor Desch replied no . He stated that he was not sure , if when our local law was revised , they would be made a part of it either . However , since they were not a part of our current local law we should move forward and adopt them . RESOLUTION N0 , 113 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby adopt the new Environmental Assessment Forms in relation to the State of New York ' s revisions to SEAR. (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . CAYUGA VISTA COVENANTS Town Attorney John Barney stated that he had reviewed the covenants and that he could go through them , much the same way the Board had done in the past a couple of times , but he felt the Board should get to the heart of the issue . He went on to say that back in October of 1985 , when Cayuga Vista ' s Covenants was first presented to the Board there was discussion relative to a limitation of occupancy limiting the rental period of the units to no more than a five year period by the developer and relative to the requirement of owner occupancy . He noted that there is no limitation in these declarations , that he could find , nor in the by-laws , so he stated that he thought there was a bridge that should be crossed , at that point , and then when we cross that bridge he stated that he would be happy to go on an comment on the other parts . He stated that he did not know if the Board wanted to take up their , and his , time until this has been resolved . Supervisor Desch asked the Board members if they had any comments . He went on to say that the Board had a long , long discussion on this on a number of occassions . The Supervisor remarked that he felt Mr . Mazza needs to know whether that is a requirement that needs to be built in here before we approve these or not . Edward Mazza , developer , replied that he would tell the Board the reason for the change . As you know , I did not want these restrictions in there . I didn ' t think they were appropriate at the time , however , to get my project going I reluctantly agreed to do it with the understanding that it was the policy of the Town of Ithaca and that that was the way they were going to handle them from then on . Of course , that has not been the case , different policies have been instituted in the Town of Ithaca . He went on to say that he did not understand why there was a policy imposed upon his development and on not imposed upon others . That ' s why , since I found out you had never acted on these officially before I thought if I came back in it would be appropriate to discuss this . Councilman Cramer remarked that he thought the Board had acted on the officially , and that he thought that the rental restrictions , and the occupancy restrictions were a matter of Board determination . We spent a great deal of time discussing them with you . He stated that since he finds the covenants lacking those Town Board 50 May 11 , 1987 provisions prohibit his approval of the covenants . He stated that he did not want to disapprove the covenants but as he recalled the discussions , he stated that he was adamant in regard to the rental provisions and that he was adamant in regard to the occupancy provision . He went on to say that he would continue to be adamant in that regard unless they are included . Mr . Mazza stated that he would like to ask Councilman Cramer a question . Where you not at the meetings when the Board did Deerrun7 Were you not in attendance at those meetings ? Councilwoman Raffensperger replied that she was in attendance at that meeting and she stated that she had already discussed with the staff the fact this Town Board was not apprised of the fact that that had been determined as equivalent to yours . She stated that as far as she was concerned , if Deerrun is equivalent in all ways , which she stated she sincerely doubted , then she stated that she felt the Town Board should have had that kind of information before they acted on Deerrun . She stated that she did not think it was equivalent . Mr . Mazza replied , how do you think they are different? Councilwoman Raffensperger replied that she did know that when you (Mr . Mazza) went to the Planning Board , and she stated that she took the time to go through those minutes , there has been a most interesting change in this whole project along the way . A gradual change in what the Planning Board approved and recommended to the Town Board , what the Town Board first saw , she went on to say that she thought it was clear that the Planning Board had rights under cluster to limit the occupancy . Absolutely , that ' s in the cluster regulations . There seems to have been some kind of trade off between rentals and occupancies and a very confusing kind of history . But the fact still remains that the Planning Board and the Town Board had the right to do that . Mr . Mazza replied that they had agreed to limit the number of unrelated persons that can occupy them but the fact of owner occupancy is not a proper restriction , he felt . It ' s not a restriction that is placed on single family homes in the Town of Ithaca . Councilwoman Raffensperger responded , but these are not single family hones . She went on to say that again she thought about that too and she stated that she felt if we proceed much further with this she was going to ask that we have a moritorium on these clusters because what this cluster has turned out to be in too many cases is a kind of way to have multiple housing without rezoning , with a little bit more land . She went on to say , we talked about what you can do in a two family house on 150 by 250 foot lot , what kind of occupancy you can have , the intent of the zoning ordinance is clear as to what kind of occupancy we think is appropriate in residential areas . Somehow or another cluster seems to be excaping this completely and she stated that she objected to this . Mr . Mazza replied you have a chance to look back and see what we have done up there . He stated that if the Board had gone to the project and taken a look at it you would realize that it would not be an economical way for us to build multiple residence housing , we have built these things for sale to individuals . They may , however , have a situation that we think to be a potential and that is a father buying a unit for his son while he attends Cornell or Ithaca College . He went on to say that he did not see why this should be precluded . Once again , you didn ' t preclude it at Deerun and I don ' t think you precluded it at Eastwood Commons . Town Board 51 May 11 , 1987 Councilwoman Raffensperger replied , Eastwood Commons is multiple , it ' s zone multiple , we don ' t have the right to do that . Supervisor Desch asked , if I am the son , how many other people , with your definition , would be allowed to reside there ? Mr . Mazza replied , two other than the son . Supervisor Desch replied , a total of three . Mr . Mazza replied , yes that would be the occupancy limitation . He went on to say that he just did not believe that the owner occupancy is the appropriate thing . If you are afraid of us • building multiple residence housing , he stated that he did not think if the Board would look at the place they would feel that way . We did not build these as multiple residence houses , we would not have put the things in them that we did . We would not have spent the money on them that we did . Supervisor Desch asked if it would be possible for the Board to look at one of the units ? Mr . Mazza replied yes , anytime that you want . Councilman Bartholf stated that he had looked at them already and he could see where they do not have the space to jam a bunch of people in there . Mr . Mazza went on to say that , we have already had , even though we had to stop all communication on it as it ' s against the law to do it with the Offering Plan not filed yet , there has been a father who wants to buy one for his son to live there . If you are worried about these being rental units and having this fellow come in an destroy the place when his father owns it or if you think somebody is going to pay the price we are asking for these just to rent them out , I don ' t think they are going to do that . Believe me , it ' s just not economical to do that . Councilwoman Raffensperger stated that she would like to clarify , in the Declarations there are not restrictions as to occupancy , none whatsoever . And there are no restrictions as to rental , it ' s this combination of none and none that really concerns me . Mr . Mazza replied , if it ' s not in there it ' s intended to be there and I can show Mr . Barney my Offering Plan . Town Attorney Barney replied that the definition of a family is the tradition definition and doesn ' t allow anything more than that but looking at the dommnt he noted that he did not see anything that limits it to anything other than our normal zoning Ordinance . Mr . Mazza replied that it was intended that it be in there . Supervisor Desch asked Mr . Mazza why he did not cane back with the wording . • Mr . Mazza replied that he would like to say something on the timing . We would like to meet to have this thing filed by June 1st . There is a 30 day review period after that and then on July 1st we could offer these for sale . We have to wait until June 1st because they are occupied at this point and to file under Part 20 of the Offering Plan Procedures they have to be vacant for a time . They will be vacant at the end of this month . Supervisor Desch asked the Board members if they would like to meet UP there and then cane back to Town Hall for a meeting? Town Board 52 May 11 , 1987 Mr . Mazza remarked , all he had to do was arrange this with one of the tenants . Councilwoman Raffensperger asked Mr . Mazza if it was true that he did not intend to put in any kind of restriction as to rental of units by the developer , the number of units and the period of time which was in the last recommendation that she saw? Did you mean to delete that? Mr . Mazza replied that he thought that was all part of the same thing , but if you want some restriction as to our ability to rent them for a period of five years then I suppose . 0000 . we had no intention of doing it , it doesn ' t make sense for us to rent them . We rented the first building out because we had to otherwise it would have sat empty . We have two tenants in there that want to stay and we can ' t let them stay . In order to offer these we cannot do that , they have to get out and they are upset about that . Councilwanan Raffensperger stated that she had a memo that summarizes what our last position was , this was one of the elements of it and she stated that she just wanted to know if you had inadvertently left that out as you did the occupancy . Mr . Mazza replied that he did not know if he inadvertently left that out . He stated that he was not sure that it was left out . He went on to say that he had just shown the Town Attorney where it ' s contained elsewhere in our Offering Plan and he stated that he could show the Board as well . He stated that he was not sure it was left out and that he would have to look again . Councilwoman Raffensperger replied , it ' s left out of what she had . Schedule 0 and Schedule M . RESOLUTION N0 , 114 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet at 4 : 45 P . M . , on May 19 , 1987 , at Cayuga Vista to review the project and then to reconvene at the Town Hall at 5 : 30 P .M . , following the tour to consider the Covenants for Cayuga Vista . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . Councilwoman Raffensperger noted that at the time of the concept of the plan , there were discussions about parking and at that time , Peter Lovi outlined the parking requirement that would have to be different if the major project changed . She stated that she was concerned about this . Supervisor Desch asked Mr . Mazza how many spaces he was providing per unit ? Mr . Mazza replied , they each have a garage . He stated that he did not have the plan with him but there are other spaces provided . He went on to say that he thought they had met the requirements but they could always add more . We tried to keep as much grassy area but there is ample roan put in other parking , if we need to . Councilman Bartholf asked if there would be the same amount of parking as there was on the first unit? Mr . Mazza replied yes . Nothing changes . He went on to say that you say there have been substantial changes in this project from Town Board 53 May 11 , 1987 the start to now and he stated that he did not know what the changes are , Councilwoman Raffensperger replied that she had just read Peter Lovi ' s recommendations all the way back then about whether or not there were going to be rentals and what kind of occupancy there was going to be and if there were changes in that , he had concerns about the parking . She stated that she would check with Town Planner Susan Beeners , EXECUTIVE SESSION • RESOLUTION NO . 115 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns into Executive Session to discuss possible legal action on certain unsafe properties in the Town of Ithaca and possible litigation . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none) . RESOLUTION N0 , 116 Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby returns into open session . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION NO . 117 Motion by Councilman Cramer ; seconded by Councilman Bartholf , WHEREAS , the owner of Town of Ithaca Tax Parcel No . 6- 18-2-9 , has failed to seal off , post , and prohibit access to the dangerous and unsafe buildings at 910 East Shore Drive , by March 15 , 1987 , and WHEREAS , the owner was served Notice under the Ordinance Regulating Unsafe Buildings and Collapsed Structures of the Town of Ithaca and under the related regulations of the New York State Uniform Fire Prevention and Building Code , with no removal or repair of the buildings or structures in question having been begun within the required sixty day of Notice , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that , in view of the neglect of the owner to comply with the Notice , a survey of premises shall be made by Andrew S . Frost , Town Building Inspector and a Registered Architect to be retained by the Town and a practical builder , engineer , or architect appointed by the owner , and FURTHER BE IT RESOLVED , that in the event of refusal or neglect of the owner to appoint his " surveyor " , the two Town " surveyors " shall make the survey and report within forty-five ( 45 ) days , and FURTHER BE IT RESOLVED , that in the event the buildings shall be reported unsafe or dangerous under such survey , an application will be made at a special term of the Supreme Court for an order determining the buildings to be a public nuisance and directing Town Board 54 May 11 , 1987 that they shall be repaired and secured or taken down and removed , and FURTHER BE IT RESOLVED , that a signed copy of the report shall be posted on the premises upon completion of the report of survey on the buildings , and such notice shall state the compensation of the surveyors , and FURTHER BE IT RESOLVED , that all costs and expenses incurred by the Town in connection with the proceedings to remove or secure , including the cost of actually removing said buildings , shall be assessed against the land on which said buildings are located , and • FURTHER BE IT RESOLVED , that the Town of Ithaca staff is authorized to retain a licensed architect , at a cost not to exceed $ 2 , 000 , to perform the survey hereinabove mentioned . 1 (Desch , McPeak , Raffensperger ,. Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . RESOLUTION NO . 118 Motion by Councilwoman Raffensperger , seconded by Councilman Bartholf , WHEREAS , the owner of Town of Ithaca Tax Parcel No . 6-43-14 , has failed to seal off , post , and prohibit access to the dangerous and unsafe building at 1033 Danby Read , by February 20 , 1987 , and WHEREAS , the owner was served Notice under the Ordinance Regulating Unsafe Buildings and Collapsed Structures of the Town of Ithaca and under the related regulations of the New York State Uniform Fire Prevention and Building Code , with no removal or repair of the building or structure in question having been begun within the required sixty days of Notice , NOW THM70RE BE IT RESOLVED , by the Town Board of the Town of Ithaca that , in view of the neglect of the owner to comply with the Notice , a survey of premises shall be made by Andrew S . Frost_ , Town Building Inspector and a Registered Architect to be retained by the Town and a practical builder , engineer , or architect appointed by the owner , FURTHER BE IT RESOLVED , that in the event of refusal or neglect of the owner to appoint his " surveyor " , the two Town " surveyors " shall make the survey and report within forty-five ( 45 ) days , and FURTHER BE IT RESOLVED , that in the event the building shall be reported unsafe or dangerous under such survey , an application will be made at a special term of the Supreme Court for an order determining the building to be a public nuisance and directing that it shall be repaired and secured or taken down and removed , and FURTHER BE IT RESOLVED , that a signed copy of the report shall be Posted on the premises upon completion of the report of survey on the building , and such notice shall state the compensation of the surveyors , and FURTHER BE IT RESOLVED , that all costs and expenses incurred by the Town in connection with the proceedings to remove or secure , including the cost of actually removing said building , shall be assessed against the land on which said building is located , and Town Board 55 May 11 , 1987 FURTHER BE IT RESOLVED , that the Town of Ithaca staff is authorized to retain a licensed architect , at a cost not to exceed $ 2 , 000 , to perform the survey hereinabove mentioned . (Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary voting Aye . Nays - none ) . ADJOUIZIENT The meeting was duly adjourned . • Clerk