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HomeMy WebLinkAboutTB Minutes 1989-08-07 TOWN OF ITHACA REGULAR TOWN BOARD MEETING August 7 , 1989 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 7th day of August , 1989 , there were : PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman David Klein , Councilman John Whitcomb , Councilman ALSO PRESENT : John Barney , Town Attorney John Ozolins , Highway Superintendent Sally Olsen , Town Engineer Andrew Frost , Building Inspector/ Zoning Officer Mary Call , Board of Reps Deborah Dietrich , Board of Reps Edward Olmstead , City of Ithaca Fire Chief Jim Salk , 603 Elm Street Extension Brian Wursel , Ithaca Fire Department Michael Carlison , 101 Longview Drive Debbie Carlison , 101 Longview Drive Melissa Carlison , 101 Longview Drive Helen Street , 290 Burns Road Don Street , 290 Burns Road Myrtle Whitcomb , 233 Troy Road Dave Auble , 250 Troy Road Harrison Rue , 564 Elm Street Extension Ed Cobb , 1005 Danby Road Alex Blackmer , 144 Coy Glen Road Mark Lancelle , Coy Glen Construction Kenga M . Gergely , Juniper Drive Larry Fabbroni , 127 Warren Road Steve Lucente , 981 Taughannock Boulevard Rocco Lucente , 506 Warren Road Robert Johnsend , Coy Glen Construction Representatives of the Media : Kathy Hovis , Ithaca Journal Dave Debo , WTKO , Q104 , WYNY PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Youth Services Supervisor Desch stated that he had attended the Youth Forum at Cayuga Heights School on Monday , July 31st sponsored by the Town Board Minutes 2 August 7 , 1989 Tompkins County Youth Bureau . The participants represented the Village of Lansing , Village of Cayuga Heights and the Town of Ithaca . ;?approximately 20 people attended including County Youth Board representative from the Town of Ithaca Pam Hanna , Coddington Road Community Center President Peter Romano , CRCC Summer Program Linda Dietweiler . Each subgroup from the three municipalities came up with an assessment of needs and a consensus that a Youth Advisory Council would be worthwhile to do a more thorough assessment in each municipality . This could perhaps be explored in a September Town Newsletter which would also list the ideas and proposals that the members of the forum developed to date . Attorneys Bill Supervisor. Desch noted that in the warrants the Board members will see two quarters of payment for the current year . This relates to item 5 budget amendments and comes about to assist in the 1990 budget planning . Traditionally the payments in a given year have been for the previous years work . This has been the case for twenty or more years and makes it difficult to catch up . The timing relates to our receipt of the August 1st sales tax payment from the County , Kyong Project Supervisor- Desch noted the request from the Attorney for the Kyongs that we reconsider the matter in the near future . Perhaps after we receive the submittal fran the Planning Consultant we will be in a better position to make a judgement on the timing . Microphones Supervisor Desch stated we did neglect to get on the agenda the request or consideration of the installation of a PA system . Mike Ocello has done the design of that and has worked it out pretty well to assure that the feedback , which is one of the problems with this roan which is relatively small , and with microphones everywhere it is tricky . Mike is proposing to install three loudspeaker microphones for the Board plus one public one . The cost for that is $ 1 , 500 . RESOLUTION NO . 189 Motion by Councilman McPeak ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the purchase of four loudspeaker microphones at a cost of $ 1 , 500 . (Desch , Mc Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Town Engiuieer ' s Report Town Engineer Sally Olsen reported that for the ' 89 Water and Sewer Improvement the horizontal control survey , the points have all been laid out and the survey has been delayed because of the need to obtain a compass . The vertical survey is about 70 % completed . The West Hill water improvement study will be presented by Lozier ' s tonight . The work has been completed on the ' 87 water and sewer improvements . The Town Engineer went on to say that last month she had sent out road construction specification to engineers , builders , contractors and developers in the area and have received comments back . Park Lane has been staked out and they are doing rough grading . We have received the Phase II report from Pickard and Anderson on the Infiltration/Inflow Study . The Engineering Offices have been moved and is much more comfortable . Town Board Minutes 3 August 7 , 1989 Town Engineer Olsen went on to say that the Town had received a request from Pat Long on Schickle Road on how to get sewer service down to her property and we have come up with a proposal . It is about 1 , 000 feet through rock . We have not done any field work , the proposal was done in the office but we estimate , just to take it that far , would be about $50 , 000 . Highway Superintendent ' s Report Highway Superintendent John Ozolins stated that the shimming on Culver Read has been completed and Longview has also been completed ., As far as the actual date for surface treating , that will depend on the weather . The Highway Superintendent noted a request by the residents on Longview that instead of surface treating -the road either one of two things should happen , either leave it as it is or pave it . It was on the list of roads and the Agreement to be surface treated and therefore , he asked the Boards guidance as far as whether of not the Board wants it surface treated . He went on to say that as far as paving it this year he would not have the money or the time to do it . Supervisor Desch asked what would be the worst thing that could happen if nothing more was done to Longview than has already been done ? Highway Superintendent Ozolins replied , on sane areas where it was shimmed it the pavement is one inch to two inches thick , however , towards the center it is thinner . Also , we didn ' t totally overlay the entire road . So the section of the road that we didn ' t shim to continue to deteriorate and also sane of the thinner areas towards the center of the road that will eventually wear away . There are five or s:ix houses on that street . Supervisor Desch asked the Highway Superintendent if he had put together an estimate for paving? Highway Superintendent Ozolins replied no , but it would probably be $ 3 , 000 for materials . Highway Superintendent Ozolins went on to say that on Burns Road he planned to put a thin overlay from about the area where the old and new part of Burns Road come together to about just short of Bill Hilker ' s driveway . We have stoned it several times and the tar is at the point that we can ' t put any more stones down and have it stick . :It ' s between 4 and . 5 tenths of a mile . He went on to note the letter regarding closing the bridge on Forest Home . Mr . Ozolins stated that an announcement was put on the radio as well as the newspaper . He stated that he was unaware that the County had closed Freese Road and in fact the Thursday before he had talked with the County to coordinate getting the signs to close the road . The Highway Superintendent went on to say that an inspection was done by USF&G on the play structures and park sites . Some of the play structures in Tudor Park will need mulch to make the area a little more softer . The material for the Grandview Park walkway was hauled in and the walkway should be finished soon . Town Planner ' s Report Assistant Planner George Frantz reported that the Town Planner was on vacation . Mr . Frantz stated that he had attended a meeting last week in which plans were developed for a traffic count of the East Ithaca Traffic Corridor from Route 13 to Route 79 the second week of October . Town Board Minutes 4 August 7 , 1989 Report of Building Inspector/ Zoning Officer Building Inspector/ Zoning Officer Andrew Frost reported that 14 Certificates of Compliance were issued , we received 6 new cxxnplaints this month and in five of the six we found no violations . We made 69 field visits for the month , there were two fire occurrences . Two Zoning Board of Appeals meetings . Three building permits were issued for single family dwellings , two permits for conversions , two building permits for additions , two building permits for businesses , one for industrial and four for miscellaneous construction , total 14 for the month . REPORT OF COUNTY BOARD OF REPRESENTATIVES Mary Call reported that she thought the matter of the closing of the bridges was on the Public Works agenda last week . Youth Committee did meet and forums are taking place all over the County with the various municipalities . A committee has been formed between the City and the County with Beverly Livesay as Chairman . They have completed their report and that report was adopted by the B&A Committee and will go to the Board next week . It recommends that the County contract with the City to provide some County wide services . The financial implications of that will not come before the normal budget time . It does not preclude the Towns or Village from having direct contracts for other services with the City . The Planning Commissioner Committee ' s search is well underway and will be starting interviews in a couple of weeks . Deborah Dietrich remarked that there were water and sewer problems on DuBois Road and Indian Creek road . She stated that she had spent most of last Sunday with various neighbors . A lot of the properties have not been returned to their original condition yet with larger stones placed in driveways instead of crusher run . A water hook up at Leo GanglIs house which will intail a lot more work than going down the lot line . Supervisor Desch remarked that the sewer hook up to Mr . Gangl ' s property was a much bigger problem . The problem with the sewer is that he is at the end of the line . He can apply for the water tap permit , it: doesn ' t mean he has to use the tap that is proposed but the sewer is an entirely different matter . He wants the Town to extend the sewer line to a point where it is much easier for him to connect and it is like Pat Long ' s situation where it is a totally different capital project to get into that arena to do it . It wasn ' t intended to go that far . He can use what is there if he wants to pump to the line . Mrs . Dietrich went on to say that there is hammering at several houses , in the pipes , along DuBois Road and would leave her list with the Town . Mrs . Dietrich also noted that the County was still struggling with the City as to where the Central Processing Facility would be located . The County still intends to place it on Commercial Avenue and will he meeting with the merchants in the area . PUBLIC HEP,RING TO CONSIDER THE NEED AND LOCATION OF THE SOUTH HILL RECREATION TRAIL AND THE ACQUISITION OF REAL PROPERTY Proof of posting and publication of a notice of a public hearing to consider the need and location of the South Hill Recreation Trail and the acquisition of real property having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Board Minutes 5 August 7 , 1989 Donald Street , 290 Burns Road stated that at the last meeting there was a disimssion that the trail would not effect his property now we get something in the mail that you want to use it . Assistant Planner Frantz replied that originally what we wanted to do at the Burns Road entrance was to construct a new ramp entirely within the railroad right-of-way . The problem with that was that it would take out a lot of trees and it was a lot of expense and with that existing trail there we can put in a ramp . Mr . Street asked , what are you going to use this ramp for? Mr . Frantz replied , it simply is going to be for access for bicycles and pedestrians . Mr . Street replied , the letter you sent me did not say that . That ' s why I am here to understand that . He stated that he had been gone for a week . Mr . Frantz; remarked , what we are proposing is a 6 ' wide ramp . Mr . Street: replied , that ' s not what the letter said . Mr . Frantz replied. , Susan Beeners wrote the letter and he had really not seen it but the original idea was a switch back up and that would have stayed within the railroad right-of-way . Another option was to follow that existing path which goes onto Mr . Street ' s property and to silly widen that out to six feet . It would require a little bit of a retaining wall on the creek side but it was essentially a six foot wide paved path to prevent erosion . There would be no vehicle access at that point . Because it was only six foot wide we would have maintenance vehicles cone in from the opposite end and have a turn around . Mr . Street replied that that was not the interpretation that you get from the letter . Supervisor Desch remarked that it sounded like there needs to be more commmication between the Planner and Mr . Street . Councilwon:ian Raffensperger asked if the acquisition was only for the Sincebaugh property? Town Attorney Barney replied that the findings were across the board but were aimed toward the Sincebaugh property . He stated that there have been some discussions with Mr . Sincebaugh and Mr . Thaler and he would like to communicate those to the Board , however , it felt it would be more appropriate in Executive Session . As no one else wished to speak , the Supervisor closed the public hearing with further discussion later . REPORT OF FIRE CHIEF Fire Chief Edward Olmstead stated that his reason for being here was in behalf of the County Local Emergency Planning Committee which deals with the release of hazardous materials . Part of the requirement is that the Committee goes to each of the public boards and give them a brief status of the activities of that committee . In 1980 the Federal Government passed an Comprehensive Environmental Response , Compensation & Liability Act which was the appropriation of money , none of which is available to local municipalities , to use to deal with hazardous materials and particularly to clean up hazardous waste . It is known as the Super Fund Act . In 1986 there were some Super Fund amendments known as Town Board Minutes 6 August 7 , 1989 SARA and they passed and additional eight and one-half million dollar budget for further federally funded clean ups . Then there was an additional part of this which was known as TITLE III which was passed in 1986 . The TITLE III activity was largely the result of the acts in Bopol , India . It essentially requires that both parts of the country in the USA , notify the public of the presence and the location of types of hazardous substances and that there is a plan for notification and that there is a plan for dealing with these releases , including the relocation of people . There are specific requirements that come to state and local agencies and we are pretty much up to speed on all of these . The decision was made in New York State to make each of the counties in New York State to be a local emergency planning area except for the five counties in New York City . Our emergency plan was late but it was developed , it is on file at the Tompkins County Library , its 430 pages long . The purposes of the County plan are to develop a chemical spill or accident plan . There are about 390 to 400 chemicals identified and deals with only the atmospheric release of the chemicals it does not deal with the spill on land of chemicals which would find there way into a body of water . It doesn ' t deal with transportation accidents that would involve the spilling of a chemical that did not release itself into the atmosphere . It has to be coordinated with the general disaster plan that exists in the County , the chemicals have to be identified and each on of the facilities that has these chemicals has to list their capabilities to deal with an accident on site . Then we have to determine what resources are available or what resources exist within the community or external of the caiity to help when this happens and we then go on to note how you notify the community and how you identify the relocation and shelter needs of the residents and you provide a source for public information . One of the staggering things about planning for something like this is some of the evacuation areas go out as far as ten miles . The primary storage places for these chemicals are municipalities , it ' s not Cornell . BUDGET AMENDMENTS RESOLUTION NO . 190 Motion by Councilman MCPeak ; seconded by Councilman Bartholf , Computer Tables BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes transfer of $ 60 from Contingency (A1990 . 4 ) to Personnel-Equipment (A1430 . 2 ) to cover the cost of a computer table not sufficiently budgeted for in the original budget . BE IT FUR'ITR RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes transfer of $ 160 from Contingency (A1990 . 4 ) to Town Clerk-Equipment (A1410 . 2 ) to cover the cost of a computer desk not sufficiently budgeted for in the original budget . Computer Replacement BE IT FUMIM RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes transfer of $ 2500 from Townwide Contingency (A1990 . 400 ) to Shared Services - Equipment Payments (A1670 . 201 ) to cover the cost of replacing the IBM PC/XT in Budget/Personnel which has not functioned properly since last July and could only possibly be made serviceable at an estimated cost of $ 800 - $ 10000 1989 Attorney Bill Town Board Minutes 7 August 7 , 1989 BE IT FURTHER RESOLVED , that the Town Board of the Town of Ithaca authorizer appropriation of Fund Balance (A599 ) and an increase in Town Attorney (A1420 . 4 ) of $ 18 , 454 . 79 to pay the first quarter of 1989 Town. Attorney fees , which was not budgeted in the current year . BE IT FURTHER RESOLVED that the Town Board of the Town of Ithaca authorizes appropriation of Fund Balance (B599 ) and an increase in Town Attorney (B1420 . 4 ) of $ 18 , 487 . 61 to pay the second quarter of 1989 Town Attorney fees , which was not budgeted in the current year . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcmb voting Aye . Nays - none ) . QUARTERLY INVESTMENT REPORT RESOLUTION NO , 191 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , TOWN OF ITHACA INVESTMENT REPORT FOR THE QUARTER 4 / 1 / 89 - 6 / 30 / 89 CERTIFICATES OF DEPOSIT Date Rate of Maturity Interest Acquired Amount Interest Date Earned 3 / 2 / 89 $ 1 , 368 , 838 . 53 8 . 75 % 5 / 3 / 89 $ 20 , 345 . 07 3 / 3 / 89 $ 10 , 000000 8 . 00 % 9 / 3 / 89 --------- 6 / 16 / 89 $ 11000 , 000600 8 . 70 % 8 / 14 / 89 --------- SAVINGS End of Month Rate of Interest Month Balance Interest Earned April $ 21808 , 175 . 12 6 . 00 % $ 11 , 195 . 74 May $ 2 , 571 , 851 . 38 6 . 00 % $ 14 , 757 . 30 June $ 1 , 348 , 293 . 33 6 . 00% $ 9 , 687 . 76 INTEREST CHECKING End of Month Rate of Interest Month Balance Interest Earned April $ 95 , 834 . 93 4950 % $ 683 . 75 May $ 511190 . 87 4 . 50 % $ 360915 June $ 3511314 . 63 4 . 50 % $ 590 . 04 (Desch , MCPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . NEW HIGPaf CONSTRUCTION SPECIFICATIONS Supervisor Desch noted that the Board had a set of highway specifications which differ somewhat from those we started out Town Board Minutes 8 August 7 , 1989 with . Initially we had construction specifications as well as design criteria lumped together . Since the design specifications involve the Subdivision Regulations in the interest of moving along toward better highway construction specifications the design aspects were taken out to give the Town Engineer time to make reccnnnendations . These construction specifications are the result of reviewing those of several other municipalities and reviewed by the Public: Works Conmittee at a special meeting . Highway Superintendent Ozolins stated that the specifications which started him out were fran the Town of Cortlandville . We have made some changes and modifications . Most of the developers are willing to work with you but in a couple instances it was yes , but . There is nothing now that is clear cut . Supervisor Desch referred to page 5 where there is specific reference to two options , one for surface treatment and one for Bituminous concrete pavement . They are both there to allow the engineering element of the Town and the Highway Superintendent the option with respect to different classifications of road so that those roads , for example cul-de-sacs , that are lightly used could continue with the designation of surface treatment if that were the wish of the staff . Town Engineer Sally Olsen stated that a lot of the comments , up through number 4 , are more design criteria than actual construction material specifications . The comments that indicate where we still need more work are in the general requirement of "A" and in "B " " 1 through 4 " . Everybody seems to have their own idea of what the minimum grade on a ditch could be , that is going to need some more investigation on her part , she stated . The 60 ' minimn on the right-of-way , we have to write in something to grandfather the 50 ' widths . Cuite a few of the items up through item " 4 " are included in the existing specifications . She stated that she would rather have this included with the design specifications rather than with the construction specifications . She stated that she could require of the developers , within reason , any design criteria that she finds reasonable , what she would accept for a Town road and that she had opinions and ideas about what was acceptable and what wasn ' t . She stated that in the meantime she was able to have new roads developed as if the Town had a written set of specifications it was that she just did not know when she would get around to actually writing them . When the road is being constructed , she was dealing directly with the developer and they are usually interest in providing the Town with a good product and the developer hires a contractor to build the road and we have lost a little piece of control unless we have good material and construction procedure specs written . In these specs they cane from Item " 5 " on and there were fewer comments about this part of its Supervisor Desch asked what would be the danger , if any , in adopting these as the specs . In your time frame , that you want to consider this you are looking at a month or two , is that correct ? Town Engineer Olsen replied , after she finished the design of the 189 water and sewer project so it would be after that , it would be winter . Supervisor Desch replied , so the issue becomes what are you and the Board likely to be confronted in terms of approvals that would benefit in having these adopted , and what are the risks ? Town Engineer Olsen replied that the benefits she could see are in the actual construction , the materials the performance , the inspection.3 that are actually set up . We will benefit fran that because the developers will have a better concept of the material Town Board Minutes 9 August 7 , 1989 requirements and how the road needs to be constructed . There were a lot of questions about the drainage in general , every item about drainage . Supervisor Desch remarked , so in some issues these are a step in the right direction but they may not be the final wording . Town Engineer Olsen replied , right . That is why she would like to take the beginning portion of the document and separate it off since there are more questions about it and that is where she could exercise your engineering judgement in the developers reviews . Councilman. Klein remarked , the major differences between this proposed :spec and the existing spec is really in the materials part , the first part? Town Engineer Olsen replied , a lot of what is in the first part is in our existing specs , some has been added to it . Curbs and drainage is what has been added and there were a lot of questions about drainage . As far as curbs go , our current specs are for a 10 ' lane with a 4 ' shoulder which even on a reasonably sharp curve , the front and back tires on a large truck don ' t track the same and a 10 ' wide pavement is not necessarily wide enough and they will end up driving on the shoulder . In here with the curb , currently you have an 11 ' lane and then the curb and that might not be enough for the truck to be able to say within its own lane . It ' s a pretty standard engineering requirement that on sharp curves you widen the outer lane: so the sides of the lane are not parallel , there is a bulge in it and that will have to be written into the design requirements . Councilman Klein stated that one thing that this does not seem to address other than the surface treatment where there are two options i the difference of road construction within , say a residential subdivision and road construction for a major road or a service driveway , whether the construction is by a developer or the Town . Like the kind of road that was built at the Professional Building . They may carry different kinds of traffic , different weight of vehicles on a regular basis and maybe those standards should be looked at . Town Engineer Olsen replied , that ' s all part of the design criteria that she had in mind . Two different sets of criteria , one for residential roads and one for higher speed , higher traffic road that will have a higher design criteria . She stated that she saw that as all as being items that she had control over and she could say to they developer that this is intended to be a higher traffic road and you will have to design it to these specifications . We will have at least two different levels of road service , depending upon residential or through street . Councilman Klein continued. , on the first page "A- 4 " , it talks about curbs being continuous around corners with a minimum tangent of 50 ' roadways , is that a 50 ' radius ? Town Engineer Olsen replied no , that isn ' t written very clearly . You get around the ark of the curve , you have a 50 ' tangent piece along the adjacent road just to have some continuity around the radius of the intersection . It keeps you from having silly little pieces of curb . Councilman Klein mentioned item " 6 " , roads with greater than 8 % are singled out , requiring 3 1 / 2 " of hot mix . He asked why this particular slope of road was singled out? Town Board Minutes 10 August 7 , 1989 Highway Superintendent Ozolins replied , a lot of times we have a road that is caning down and then you level off , when you have a plow coming down you tend to gouge it more and so you loose more of the surface . Also , when you are coming up if you have to stop you have more wear . As far as using a binder and then surface treatment , the binder is there to give you the strength . The binder it:Delf is not a fine top , it ' s more open and subject to water settling in there , where the surface treatment on top seals it off . Councilman Klein asked if that would be contrary to the Option 112 " paving? Highway Superintendent Ozolins replied no , this is just for special cases . Councilman. Klein noted page 2 , item " 3 ' , on rightrof-way widths you specifically prohibit no line of sight obstructions , trees , bushes , buildings , fences . In certain residential developments shouldn ' t there be some Planning Board discretion in there ? Town Engineer Olsen remarked that she agreed and that was one of the reasons she wanted certain sections not to be approved at this time . Highway Superintendent Ozolins replied , the only problem with that is that here once again you get an area like Eastwood Commons , just bearly off the road they planted trees , which are fine , but now they are growing over the roadway about 8 ' up and luckly in that situation you have a Homeowners Association that can trim that . Here again , if there wasn ' t , then the Town would have to come through and trim and you are looking at a higher maintenance area where you are going to be putting people out there to maintain it . If you want to have the trees , fine , but let ' s get them further out of the rightrof-way so that you are not creating obstructions , you are not adding maintenance as far as trimming trees where you are looking at specialized equipment or going out and renting it . Councilman Klein asked , in that particular instance how close are the trees to right-of-way? Highway Superintendent Ozolins replied in this case you have about a foot or so of gutter and then they are about 4 ' from that . Councilman Klein asked , what is a ditch back slope ? Town Engineer Olsen replied , that ' s coning out of the ditch up to the existing ground . Councilman Klein asked if it was standard procedure to let the base course set for five months and settle before you pave ? He stated that he could see that as possibly a problem . Highway Superintendent Ozolins replied , right now we don ' t have that requirement . Cortlandville does and there are several other Towns in the area that do that . Several reasons for that are , if you are going to have settlement that it is identified and it ' s identified before it ' s turned over to the Town and just as important that it is identified before there is a surface treatment applied . For example , in the Deer Run Subdivision where they put in the sewer laterals it sunk . They took care of it but if it sinks it ' s easier to take care of before final surface treatment . Also , especially in a development where you have townhouses and where you are phasing them in if they are going to have construction over the winter you are going to have a lot of mud dragged onto the roadway . If you just have gravel in it ' s easier Town Board Minutes 11 August 7 , 1989 to take care of that than if you have a surface course because you are also taking off the stone and parts of oil depending on how deep it is and how much traffic . • Councilman Klein replied that probably , especially with the restrictions on paving make most of those roads sit a year before paving . Superintendent Ozolins replied that the developers don ' t seem to have any objections to this . Councilman Klein remarked that he could see the advantages to it but that he could see in some cases where maybe you are not building that many houses or construction was finished , they will be in a position of selling houses , the houses will have a dirt road for six months or better just because the Town won ' t allow the developer to pave even if everything tested out okay . He went on to say that the Highway Superintendent certainly cited some instances where it makes sense if there was a lot of ongoing construction activities to let the base course take the abuse but on a short: road where you are not building that many houses it may be a real problem for the homeowners who feel it is the Town ' s fault they are living in mud for six months because we won ' t let the road be paved . Maybe there is some need for sane kind of discretion on the Town ' s part particularly where there is some guarantee if the road settles they should cam back to repair it . He felt the October 1 date was a little bit early because the blacktop plants don ' t usually close until November 1st . Town Engineer Olsen replied , NYSDOT will allow base and binder to be placed through October but top only through October 15th . She did not see October 1st as being a particularly unreasonable deadline . If we have a really warm fall she did not see any reason why the contractor couldn ' t request , if the weather was still in the 70 ' s , that paving be allowed . The plants are still open but a lot depends on the weather , you just can ' t pave when it is too cold it just won ' t stick . Councilman Klein stated that he would not support the Option " 1 " and Option " 2 " . He thought that if we were looking to upgrade the road that Option " 1 " will get us into the problem that we just voted on the other meeting to pave a part of Pleasant Lane or Dove Drive , whatever it was , where the loop road was paved the interconnection road was surface treatment and the neighbors came in asking wliy they couldn ' t get paved too . He felt that they would all be back to the Town Board wanting to be paved and he felt they should all be paved and may be again you may have some difference in construction with some getting more blacktop than others but he did not like the idea of two options . He continued , on Item " 10 " on page 6 , he stated that he was not exactly sure what the surface treatment of the shoulder was . Town Engineer Olsen replied , it wouldn ' t be surface treatment , it would be a gravel shoulder . Councilman Klein noted the ward "Town" , when you use - the word "Town" you may want to use the word "Town Engineer " when you mean it to be the Engineer . He stated that he was not sure the Town Board necessarily needed to approve cuts in the roadway and things like that , he assumed they would be Engineer functions . Town Highway Superintendent Ozolins replied , in most cases the Town is used so you are not saying the Engineer and/or the Highway Superintendent . Town Board Minutes 12 August 7 , 1989 Town Attorney Barney remarked , but the Town acts only through the Town Board unless you define it otherwise so what you are saying when you say "Town" is that the Town Board is going to approve the cuts . Councilman Klein replied that he did not think the Town Board wanted to approve cuts . Town Attorney Barney remarked that Item "A 8 " , all utilities to be located in the Town must be approved by the Town before they are accepted . Are you contemplating power and gas as well as water and sewer? You might want to specify water and sewer because we don ' t usually get into what NYSEG does . He also questioned page 5 where you talk about the type of road you are surfacing , who should be making that determination? Town Engineer Olsen replied , the Planning Board upon her recommendation . Town Attorney Barney questioned the maintenance of the performance bond of a year after the surfacing and acceptance of the road , he did not think the Town had been requiring this before and it seemed like a long time . You are saying to the developer you expend the money to put this road in and we have already taken enough money to cover the cost of putting this road in and now we are going to hold this money for another year so they are basically paying for this road twice . Town Engineer Olsen replied , it wouldn ' t necessarily be the entire replacement cost . Town Attorney Barney replied that it did not spell out the final release of this money . Highway Superintendent Ozolins remarked , the idea is so that you have some sort of warranty with it with money to back it up . Right now there is nothing , it ' s a Town road and if it falls apart in a year of less it ' s a Town road and there is no recourse . Supervisor Desch remarked , so there is a percentage that should be referenced there , perhaps 10 % . That ' s normally what we have done in the past and it has covered any minor defects that you get into . Councilwoman Raffensperger questioned the drainage along roadways . She asked if this somehow or other indicates that in no case would closed ditches be required? Town Engineer Olsen replied that she had not considered this and she was not sure if there were cases where the Town might require closed ditch but they would certainly we allowed and would have certain design requirements . Councilwoman Raffensperger replied that the Planning Board in a few cases in certain areas have required it . And she just wanted to make sure that the specifications did not say that in no case could the Planning Board require it . Supervisor Desch replied , this does not preclude it . Highway Superintendent Ozolins remarked , all this is basically is so that you have some kind of criteria for drainage . If you want to supplement this or exceed this by going to a closed drainage system there is nothing in here that would preclude it . Town Board Minutes 13 August 7 , 1989 Councilwicnian Raffensperger remarked , so if the Planning Board required it you would work out the particular standards for that situation , is that right? Town Engineer Olsen replied , even with the 3% minimum grade in a road side ditch she did not know if that is what we should be requiring . That ' s steeper than she was used to requiring on a roadside ditch and she was not completely confident in putting that in there yet . Which she stated , goes long with why she would like up to the bottom of page 2 taking out , at this time , up to the start of .11 . Town Highway Superintendent Ozolins replied that he had problems with that. , serious problems . As far as drainage up in the Northeast that is a major problem . People are complaining about water in their ditches , he couldn ' t ditch because the deeper he dug it the more water that stands there . In construction sites you are going to have run off until you get scene type of grass growing and it is going to build up . You don ' t have something right now that says you have to have this minimum so the developer can put in anything he wants . Councilman. Whitcomb asked , assuming the specifications were adopted in scene form , at what point would they affect a development that was already in some state of progress ? Town Attoiney Barney replied that in all fairness he would think that by the time a developer had gotten to the preliminary subdivision stage the cost and etc . , had been factored into their presentation , so he would probably reccmTend that anyone who had received ;preliminary subdivision approval and implements that , cones in and gets final approval , would be subject to the current standards but anybody who had not received preliminary approval would be subject to the new standards . Councilman Whitcomb stated that he was kind of disappointed because the Public: Works Committee has been working on this particular draft of specifications since last March or before and we requested in May that copies of this be sent out to local developers for their comments , yet the comments didn ' t cons in until the end of July . He felt that there were a lot of major subdivisions in some form of consideration right now and there needs to be some guidelines . Whatever they are they are better than what we have now . Supervisor Desch replied that the thing that concerns him was the time frame it was going to take for the staff to go through the whole process of both the design criteria and refinement of these and what Councilman Whitcomb is saying is right , in the interim we have lost ;maybe six month of progress . Lawrence Fabbroni stated that he did have a draft and that he did have some comments to make and return . He stated that his general reaction was that no where in the document were there the reliable engineering criteria . You talk about . compaction but there is really no measure of the compaction or the criteria for it . You also get into the problem of trying to specify one cross section for a road in the Town that on one hand could be on road in one place and on up land swamp in another place so there are a number of areas viZich he felt the Board was trying to acconplish that have something more measurable and verifiable out there and it could be upgraded in terms of the draft that you are looking at . He stated that he WELs also bothered in a different way where everything is sort of left up to the criteria or the judgement or the satisfaction of whoever or whatever in that specification . The more defined it was he felt the better relationship back and forth Town Board Minutes 14 August 7 , 1989 between the approval board and the developer who is putting it in the ground will be . In other words the staff can go out and verify much more readily rather than be put on the spot , to their satisfaction all the time , having to approve something . Supervisor Desch remarked , the issue as to whether these might be adopted as interim goes further because of Councilman Klein ' s question about whether both options should stay in there . So if there is a consensus to do something in the interim the consensus should specify whether both options are there or not . Councilman Whitcomb stated that he would like to move that these specifications be adopted as interim specifications and he felt a date should be set when they would be reviewed and make final . As far as Option " 1 " and Option " 2 " he stated that he had no strong feelings on that as to whether they should be in or out . Supervisor Desch suggested the date of January 1 , 1990 for final approval . Town Atto:mey Barney suggested that it be made effective with respect to any developer who comes in for preliminary subdivision approval subsequent to todays date . Councilwoman Raffensperger stated that she would second the motion , however , she would like something clarified . She asked , if someone has cane in an floated a plan that has not received preliminary subdivision approval , he is grandfathered on this ? Town Attorney Barney replied no , what he was suggesting was that those who have preliminary subdivision approval as of today would not have to recalculate . Councilman Klein stated that he would like to offer an amendment to delete Option " 1 " from the interim regulations for the reason he stated earlier that it was just going to confuse the issue . We really don ' t have any criteria to give the Planning Board to make a choice and he felt the Board was going to get into that situation where once roads are constructed you are going to have people wonder why they didn ' t get paved and smebody else did and they are going to be back to the Town Board asking the Town to pay for it He felt the Town would be better of- putting in a better road . Supervisor Desch replied , there is a question of cost though in terms of the issue of affordable housing and the issue of infrastructure so there is a trade-off that you have to weigh one against the other . Councilman Whitcomb asked , under what circumstances would you consider an Option " 1 " type of road? Highway Superintendent Ozolins replied , basically you are looking at cul-de-sacs where you are not looking at the higher volume of through traffic . Councilwoman Leary stated that she would second the amendment . Town Engineer Olsen remarked , it is not that surface treatment is not a proper pavement . RESOLUTION N0 . 193 Motion by Councilman Klein ; seconded by Councilman Leary , Town Board Minutes 15 August 7 , 1989 RESOLVED , that the Town Board of the Town of Ithaca hereby approve the amench ent to the interim Town of Ithaca Road Construction Specifications deleting Option " 1 " . (McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - Desch) . RESOLUTION N0 . 194 Motion by Councilman Whitcomb ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the interim Town of Ithaca Road Construction Specifications with the deletion of Option " 1 " , and FURTHER BE IT RESOLVED , that the date of final approval be set for January 1 , 1990 . ( see copy attached ) (McPeak , F',affensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - Desch) PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW # 9 - 1987 , A LOCAL LAW FOR FLOOD PLAIN MANAGEMENT Proof of posting and publication of a notice of a public hearing to consider amending Local Law # 9 - 1987 , a local law for Flood Plain Management having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Barney stated that the federal government reviews the flood plan management laws and notified us that we had adopted the provisions and in going through they had a number of comments about our flood plain management , as adopted . After receiving a letter we talked to the people and they decided that everything they said was wrong -was not wrong after all except for one exception and that was that the maps that we referred to had been updated and we had newer maps . So what you have is a proposed amendment to that flood plain management that updates the reference to the maps . As no one .present wished to speak , the Supervisor closed the public hearing . LOCAL LAW NO . 3 - 1989 Motion by Councilman Bartholf ; seconded by Councilman McPeak , LOCAL LAW ]V0 . 3 - 1989 A LOCAL LAw FOR FLOOD DAMAGE PREVENTION Pursuant b:) the New York State Constitution , Article IX , Section 2 , and the Environmental Conservation 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 . Amending of Prior Ordinance . Article XV of the Zoning Ordinance of the Town of Ithaca , which Article was added to such ordinance by Local Law No . 5 of the year 1985 and which Article was Town Board Minutes 16 August 7 , 1989 amended and restated by Local Law No . 9 in the year 1987 is hereby further amended as follows . ( a) Paragraph 3 . 2 of Article XV of the Zoning Ordinance is hereby substituted for it the following . 3 . 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study Town of Ithaca , New York , Tompkins County" dated December 19 , 1984 with Flood Insurance Rate Maps enumerated on Map Index No . 360851 0001-0025 dated June 19 , 1985 and with accompanying Flood Boundary. and Floodway Maps enumerated on Map Index No . 360851 0001-0025 dated June 19 , 1985 . Section 3 . Effective Date . This local law shall take effect immediately . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilwoman Leary Voting Aye Councilman Klein Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Supervisor Desch Voting Aye Local Law No . 3 - 1989 was thereupon declared duly adopted . PUBLIC HEARING TO CONSIDER THE ABANDONMENT OF PORTIONS OF BURNS ROAD Proof of pasting and publication of a notice of a public hearing to consider the abandonment of portions of Burns Road having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Barney remarked that this hearing needs to be adjourned because we are waiting for the City . Initially we were under the impression that the portion that we were considering abandoning was abounded on both sides by the City of Ithaca Water Shed property . It turns out that part of it is bounded by Nut Tree Associates which throws into a different kind of abandonment proceedings so that we need to have a 30 day notice . RESOLUTION NO . 192 Motion by Supervisor Desch ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca adjourns the public hearing to consider the abandonment of certain portions of Burns Road until 8 : 00 P . M . , on September 11 , 1989 . (Desch , Mc:Peak , Ra.ffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Town Board Minutes 17 August 7 , 1989 REPORT ON WEST HILL WATER SERVICE AREA Peter Nielsen , Managering Engineer of Lozier Architects /Engineers of Fairport , New York presented the report on the West Hill water service area study . Mr . Nielsen stated that the purpose tonight was to present the findings and recommendations of, their report . In the report you will find in the first section an executive summary which has a couple of maps attached . He went on to say that basically the West Hill of the Town of Ithaca is served mainly by the Cliff Street Pump Station . This was installed initially to serve the Hospital and certain portions of Cliff Street and has been expanded to include additional service along West Haven Road and part of Bundy Road . The pumps were replaced a few years ago . The elevation limitations of the service area is approximately 100010 We! looked at a way to expand that elevation and the areas that remain on West Hill which we consider developable , we considered the entire area to see what the ultimate demand might be . We took the current zoning regulations as they are and projected a population , we projected a water demand and then we examined where water could come from to serve the remaining hillside . We included a couple of the proposed subdivisions which are currently approved , the Indian Creek DevelopTeit and the Rose Hill Development . Right now those are just beyond the area that can be served by the Cliff Street system . Once we got the projections of the demand we then looked at how much water could be supplied through the Cliff Street Station and where else could we get water from . One of the other sources we looked at was the Elm Street tank which is a City tank . The other source was the Vinegar Hill Pump ,Station . One of the problems we get into serving off the Cliff Street Pump Station and expanding that area is that you would have pump .stations relying on other pump stations . A Mr . Nielson went on to say that they felt the Cliff Street Pump Station could not be expanded another level . We considered the Cliff Street Station as a reserve to serve more of the growth in the existing area and possibly to the North . Then we looked at the _ Vinegar Hill Station and that has a substantial reserve capacity in it . It will not serve the entire needs of our projections , however , it does have access capacity . Another options was to build another pump station down at the Elm Street tank and serve the Coy Glen , Culver Road with a tank at the Sheffield Road . Then we compared the costs of those systems . Serving the West Hill area off the Elm Street tank would someday allow you to connect a loop around the South and tie into the Bolton Point system . There are advantages and disadvantages to each system . As far as our recommendations , we looked at two recommendations for the Board to consider . One , the system from the Elm Street tank was , we felt , probably the best overall in terms of a long range plan to serve the West Hill . In an intermediate solution we also presented our Option "C " which would extend of the Vinegar Hill station and serve Phase I . That option would be somewhat less expensive than a system to serve all of West Hill and would allow you to give partial service and would allow you to serve the proposed subdivisions . The actual construction cost would be around three million dollars , the capital cost would be slightly over four million dollars . For the other system, Alternative "C " that was slightly under two million dollars . Using the benefit formula , we projected about 3500 benefit units , it would result in a significant increase in the benefit charge which would go to $ 135 . 00 fron $ 64 . 00 . Supervisor Desch suggested that perhaps Mr . Nielsen might cone back after the Board has had a chance to look over the report . Councilman Klein remarked , you said the cost estimate was for supply and transmission facilities and does not include the Town Board Minutes 18 August 7 , 1989 distribution network , what do you define as the distribution network? Mr . Nielsen replied , the distribution network would be , for I nstance , any of the smaller lines that go down intermediate streets . Councilwoman Raffensperger asked if in the discussion of projected development discussions with the Town Planner? Mr . Nielsen replied yes , the Town Planner was involved in most of the meetings and we also had discussions with Stuart Brown and Associates . Supervisor Desch asked Mr . Nielsen to elaborate on that . Mr . Nielsen replied , we had a meeting with them to review our preliminary results for the report , they had some specific input on what types of development they expected would occur on West Hill and some consideration of transportation patterns . We talked about the Octopus and what effect that might have on where development might take place over other areas . PUBLIC HEARING TO CONSIDER NO PARKING ON PORTIONS OF BURNS ROAD Proof of posting and publication of a notice of a public hearing to consider no parking on portions of Burns Road having been presented by the Town Clerk , the Supervisor opened the public hearing . Lawrence Fabbroni stated that he would like to encourage the Board to adopt the Ordinance as it was a pretty big problem on any warm day and it. was hard to police the area to keep people out of the watershed . As no one else present wished to speak for or against the Ordinance , the Supervisor closed the public hearing . RESOLUTION N0 . 195 Motion by Councilman Whitcomb ; seconded by Councilman McPeak , ORDINANCE AMENDING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Pursuant to Section 130 of the Town Law of the State of New York , and 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 . Amending of Prior Ordinance . The ordinance amending and restating ordinance regulating traffic and parking in the Town of Ithaca adopted February 8 , 1988 , effective February 23 , 1988 , amended April 11 , 1988 , November 10 , 1988 , and July 10 , 1989 , is hereby further amended as follows : ( a) There is hereby added to Section 3 of said Ordinance relating to the prohibition of parking of vehicles , the following new subdivision , to be subdivision (m) to read Town Board Minutes 19 August 7 , 1989 as follows . " (m) On both sides of Burns Road from New York State Route 79 west to the bridge over Six Mile Creek and from the bridge over Six Mile Creek 500 feet further west . " Section 3 . Effective Date . This Ordinance shall be effective 10 days after publication and posting in accordance with Section 133 of the Town Law . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Supervisor Desch Voting Aye The Ordinance was duly adopted . PERSONS TO BE HEARD Myrtle Whitcomb , 233 Troy Road stated that at the last Town Board meeting the South Hill Community Association presented their request for speed limit reductions on Troy Road and King Road . Yesterday afternoon their was a serious accident at the corner of Troy and King and it sort of underscored the need , not only in speed reduction , but in terms of taking a look at that Troy and King Road intersection as having an increasing potential for serious accidents to occur there . What might be the proper procedure in terms of looking at that intersection regarding perhaps additional signage or four-way stop signs ? Supervisor Desch replied that this might well be a good intersection for a four-way stop sign but that is something the Town Engineer would take a look at and recommend . Highway Superintendent Ozolins remarked , those are both County roads , they would have to go to the County . Mrs . Whitcomb asked if the Association should write to the County .) Supervisor Desch replied , that before a specific request went to the County he felt it would be more reinforced if you had the endorsement from the staff . Write a letter to the Town asking that safety improvements be made . Lawrence Fabbroni stated that he would like to speak on behalf of Mr . Rocco ' Lucente . We are currently faced with a situation at Briarwood Ievelopment up in the Northeast part of Town where sewer is being denied to the homes under construction and to be constructed by the Village of Cayuga Heights . This is a change from what was the case not more than six months ago and after the moratorium in fact . We are asking for the Board to take some kind of formal action to made the sewer available to that subdivision again . This is a twenty-six lot subdivision approved about two years ago and the improvements largely in place last summer and approved and inspected by both Bolton Point and the Town . Some items to consider if you could work something out in the short term, and from his own observation he wondered why the Town of Ithaca got 15 hookups when the Village of Lansing got 40 some odd Town Board Minutes 20 August 7 , 1989 hookups when those first batch of hookups were allocated and why eight of them were contributed to the Day Care Center ? We also wonder as both engineers and developers how you gave up 8 hookups for the Day Care Center and one existing hookup was basically contributed to the whole commercial office center that in back of the Cayuga Mall right now? There seems to be a lot of inequities out there and the easiest way may be to go back and ask for the Town ' s fair share of hookups in the interim just so you would have more time to work toward a more permanent solution without anybody giving away the store , so to speak . The next level of response might actually be something that borders on a breach of contract by the Village of Cayuga Heights where the Town of Ithaca is concerned in terms of declaring the moratorium . But obviously once you escalate the confrontation , permanent solutions become more complicated . We are suggesting to you the first option where you were given 15 hookups and the Village of Lansing was given 40 , subsequently to that the Village of Lansing was given additional hookups for additional services and where one house was removed and four office buildings were added for one hookup that you could go to the Village of Cayuga Heights and make a fairly reasonable case to get another 35 hookups to see you through some negotiations and discussions and would seem to be the less confrontative approach . Mr . Fabbroni went on to say that he understood the Town had done a lot to check out their inflow/ infiltration and he did not know where that had gotten the Town in getting more units . But there is a problem now, there were some good faith dealings where Mr . Lucente proceeded to put the improvements in with full knowledge of the people in the Town and things were ; approved and now suddenly with some hope of getting 26 permits in the end , he finds himself unable to get any including the one for the house he was going to build for himself . Supervisor Desch remarked that he assumed Mr . Fabbroni was aware of an item on the agenda for discussion later on . Mr . Fabbroni replied that he did not realize this . Michael Carlison , 101 Longview Drive stated that he had same pictures of Longview Drive that he would like the Town Board to look at . He went on to say that he thought that Councilman Klein had some good continents about the paving of roads . You pay several thousand dollars for a car today and you have it oiled and cindered and you drive down the road and the cars are pretty well . . . . the paints pealed off , gravel washes off in your driveway and it doesn ' t look too well . He felt the pictures spoke for themselves . Everyone on the road signed the petition . Supervisor Desch replied that the Board had received the petition and it was now a matter for the Board to decide whether to leave it the way it is now or what . Mr . Carlison remarked , the road hasn ' t been paved for twenty years . It hasn ' t been touched for twenty years and it would be better off left as it is now then touching it any more . Supervisor Desch replied , the report earlier , there was no indication the Board wanted to amend the budget to pave it . The figure that the Highway Superintendent mentioned was $ 6 , 000 to $ 7 , 000 . Mr . Carlison replied , the Highway crew has been working on the road for two days now, patching it . The road is 400 ' long . Supervisor Desch remarked , so you are asking the Board to reconsider its lack of action at this meeting , at this time ? Town Board Minutes 21 August 7 , 1989 Mr . Carlison replied that he thought he was asking the Board to consider not oiling or cindering any roads in the Town of Ithaca , let alone Longview Drive , Supervisor Desch replied , let ' s narrow it down . The Board has already decided not to oil and stone roads in new subdivisions , based on the Highway Superintendent ' s earlier report and the fact that the change to paving would require an amendment to budget to do that . You are reinforcing what the petition says and you are pleading that the Board do nothing more than it has done or to pave it . Mr . Carlison replied , right . PLANNING BOARD AS COMPLETE COUNT COMMITTEE Supervisor Desch stated that the County has indicated that they are designating the County Planning Board as their Complete Count Committee with respect to the 1990 census , however , he stated that he was not sure that was going to get the Town the detail that we should be in position of counting on in respect to making sure that the count in the Town of Ithaca is complete . So irrespective of the fact that the County Planning Board will be , at the County level , the Complete Count Committee he would like to recommend that the Town of Ithaca Planning Board be the Complete Count Committee for the Town . RESOLUTION N0 . 196 Motion by Supervisor Desch ; seconded by Councilmen Raffensperger , WHEREAS , the U . S . Bureau of the Census has recommended that municipalities establish Complete Count CcnTn_ittees for the purpose of promoting local resident cooperation in the 1990 census , and WHEREAS , the Planning Board acted as Complete Count Committee for the 1980 cimsus , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby designates the Town of Ithaca Planning Board as Complete Count Committee for the 1990 census . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SUMMER =MiS RESOLUTION NO . 197 Motion by Councilwrxnan Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the hiring of two Planning Aides from September 5 , 1989 to December 22 , 1989 at a wage of $ 5 . 00 to $ 6 . 00 per hour , depending on experience . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye ., Nays - none) . RESOLUTION N0 . 198 Motion by Supervisor Desch , seconded by Councilman McPeak , Town Board Minutes 22 August 7 , 1989 14111- EREAS , ;9ndrew Irwin has been employed as a summer intern in the Engineering Department for the summer of 1989 , and WHEREAS , he is currently working on the control survey for the photogramrnetric mapping of the Inlet Valley , and WHEREAS , the survey is not yet complete , NOW THEREFOR BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the extension of employment of Andrew Irwin for an additional five ( 5 ) days , at - a cost of $ 240 to be charged to the account of 1989 Water and Sewer Improvements , for the purpose of continuing work on the control survey for Inlet Valley . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESOLUTIO14 NO , 199 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , WHEREAS , the Town Planner and Assistant Town Planner have requested technical assistance including manual and computerized data collection and mapping for comprehensive planning purposes from September through December of 1989 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and authorizes the hiring of two ( 2 ) student Planning Aides for a maximum of 20 hours/week for a period of 16 weeks from September 5 , 1989 to December 22 , 1989 , estimated cost of $ 1 , 536 to be charged to Comprehensive Planning Account No . 8020 . 406 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . RESOLUTION N0 . 200 Motion by Councilman Bartholf ; seconded by Councilman Klein , WHEREAS , Lisa Roop has been employed as a Cornell work study intern for the stmsner of 1989 , and WHEREAS , the Town Planning Department sees a need for an extension of her employment for up to 16 hours for the completion of certain mapping for comprehensive planning , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the extension of employment of Lisa Roop for up to 16 hours at $ 6 . 00 per hour for a maximum total of $ 96 . 00 to be charged to Comprehensive Planning Account No . 8020 . 406 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . AUTHORIZE BIDS ON WEST HILL FIRE STATION SEWER Town Engineer Sally Olsen stated that they had dug some test pits in the area and have not encountered rock in the area where they had expected it to be a problem . They have not located all of the septic systems in the eight properties that the line will cross so Town Board Minutes 23 August 7 , 1989 she did net know if they would be disturbing them . She was not sure what kind of drainage problems they might encounter , there is at least one yard that seemed quite wet , however , it could be the leach field that is over capacity or it might be a spring . The preliminary estimate of the construction cost for the sewer for the West Hill Fire Station would be about $ 75 , 000 . Supervisor Desch remarked , this particular sewer is to serve the new Fire Station as a joint Town/City project related to the fire station so the City will be heavily involved . The City will actually be doing the bidding for it . Councilman. Klein asked if the cost was included in the bonds for the fire station? Supervisor Desch replied no , not really . We went to Cornell to have them agree to pick up two-thirds of the cost of the sewer , they have agreed to a figure of $ 25 , 000 . So the net difference will be shared by the Town and the City in proportion to the cost of the fire station , so it will be a separate project by itself . RESOLUTION N0 , 201 Motion by Councilman MCPeak , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the preparation of specifications , contract documents and bid documents for the West Hill Fire Station sewer . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TENTATIVE :BUDGET PRESENTATION Supervisor Desch noted that the budget must be presented before October 5th , October 9th is the regular meeting date , however , this is a holiday so he suggested that October 2 be the regular meeting date . RESOLUTION NO , 202 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby sets the date of October 2 , 1989 as the regular October meeting date and that 7 : 30 P . M . be set as the time for the presentation of the Tentative Budget . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . AGREEMENT WITH HACKBERRY LANE FOR WATER MAIN Town Engineer Sally Olsen noted a change in the proposed resolution since the July meeting , basically the developers of Hackberry Lane came to us early in the Summer not knowing of our ' 89 water and sewer improvements plans to put a water main up Coy Glen Road . In order to build their development they would need to bring water up Coy Glen Road from the corner of Five Mile Drive . For their own purposes they would only need an 8 " main which meant they could put an 8 " main along Coy Glen Road . It seemed rather silly to have then put in an 8 " main for their subdivision and we came back the next year anal put in a 12 " main the serve the rest of Inlet Valley . So she stated that she mentioned that to them that we would require Town Board Minutes 24 August 7 , 1989 that they put in the 12 " main in order for us to hook in later and make it continuous . They weren ' t completely committed to building this year and thought they could hold off and let the Town put in the water main . She stated that first she had offered that the Town pay them the difference and thought they could just wait . It would be a financial hardship for them , to a certain extent , to just wait a year but it would cost more for them to pay for the entire main so as a compromise to keep their project going and as a benefit to both the developer and the Town she had agreed with them to split the cost of the 12 " main fifty-fifty , which was agreeable to both parties . That is not how it was presented in the resolution last month . That is how it is presented in the resolution this month . Alex Blackman stated that he represented Coy Glen Associates who is the developer . He stated that there was one change which his attorney had recommended and he had talked to Town Attorney Barney about the proposed change . Town Attorney replied that there were two changes he would like to recommend . Rather to tie it to whether the developer is able or unable to install , he suggested that " is unable to" be changed to "does not " and he did not think it should be tied to the construction of the 189 water and sewer improvements because we might start construction somewhere else . RESOLUTION NO . 203 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , WHEREAS , the Town Board of the Town of Ithaca , at its regular meeting of June 12 , 1989 , approved the 1989 Water and Sewer Improvements project , and WHEREAS , said 1989 Water and Sewer Improvements will include the installation of a 12-inch watermain on Coy Glen Road from Glenside Road to Five Mile Drive , a length of 800+/- feet , and WHEREAS , in order to provide water service to the proposed Hackberry :Lane Subdivision , it will be necessary for the developer to install an 8-inch watermain along Coy Glen Road from the Proposed. F[ackberry Lane/Coy Glen Road intersection to Five Mile Drive , a length of 275+/ - feet , and WHEREAS , it is in the best interest of the Town to have the developer of the Hackberry Lane Subdivision install a 12-inch watermain and necessary appurtenances along Coy Glen Road , from the proposed Hackberry Lane to Five Mile Drive , to allow connection at each end to the 12-inch watermain to be installed by the Town as part of it:3 1989 Water and Sewer Improvements , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that the Town Supervisor be authorized to enter into an agreement with the developer of the Hackberry Lane Subdivision pursuant to which the Town will agree to bear one-half the cost of installation of a 12 " watermain and necessary appurtenances (not including services to houses not part of the Hackberry Lane Subdivision) , such payment by the Town not to exceed $ 7 , 400 , and such main to be installed along Coy Glen Road from Five Mile Drive to the px:oposed Hackberry Lane , and to be installed by the developer of the Hackberry Lane Subdivision , with the design of such watermain and appurtenances to be subject to the approval of the Town Engineer , Town Board Minutes 25 August 7 , 1989 AND IT IS FURTHER RESOLVED , that in the event that the developer of the Hackberry Lane Subdivision does not install the watermain along Coy Glen Road prior to the beginning of installation of such a line by the Town , the entire cost of such work shall be borne by the Town , with no contribution required of the developer . (Desch , McPeak , Raffensperger , Bartholf , Leary and Klein voting Aye . Nays; - Whitcomb) . PUBLIC HEP.,RING TO CONSIDER A NOISE ORDINANCE IN THE TOWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider a Noise Ordinance in the Town of Ithaca having been presented by the Town Clerk , the Supervisor opened the public hearing . Edward Cobb , 1006 Danby Road stated that Peter Hillman could not cone tonight but he is more than glad to show everyone how to use the noise meter and he has the prices listed in his following memo which Mr . Cobb presented to the Board , dated August 7 , 1989 : " I am volunteering my services to instruct the enforcement officers on the use and calibration of sound level meters used for measuring violations of the proposed Town of Ithaca Noise Ordinance . I believe that Professor Albert George can also help me provide initial instructions . The sound level meters suitable for measuring violations in dB (A) is available from Radio Shack ( part number 33- 2050 ) which sells for $29 . 95 , which makes these sound level meter inexpensive enough that each Tompkins County Sheriff ' s vehicle and the Town of Ithaca Building and Zoning Inspector can be equipped with one . These meters need to be calibrated . I would recommend that the Town or County purchase a sound-level calibrator so that the sound level meters can be calibrated on a routine basis and also so each sound level meter can be checked immediately after a violation . Such a sound-level calibrator is available from GenRad ( 300T-Baker Avenue , Concord , MA 01742 , telephone 508-369-4400 ) : part number 1987-9700 at a cost of $ 425 . When this calibrator is purchased , request a Certificate of Traceability to the National Bureau of Standards . On a yearly basis , the calibrator can be sent back to the facto-icy for a calibration check and repair ( if needed) . Presently the cost of a calibration check is $ 110 . If the calibrator also need to be repaired , the cost would be $ 150 for both calibration and repair . " Mr . Cobb went on to say that he felt that the Noise Ordinance should be adopted and he felt most of his neighbors felt the same way and wi;3hed to Board to do so as soon as possible . Myrtle Whitcomb , 233 Troy Road stated that she felt that Peter Hillman had carried the brunt for the South Hill Community Association in working through the Noise Ordinance drafts . One other comment that Mr . Hillman did want to make was to thank Mr . Barney for addressing landowner responsibility . _ Michael Winship stated that he was very much in favor of a Noise Ordinance . He stated that he had asked a few people who knew about decibels how do you measure decibels when you don ' t have a background level set already and they said you can ' t do it . They said if you are trying to figure out if something is 60 decibels over a background you can ' t measure the background and the 60 decibels above it at the same time and he had made a very brief trip up to the Law Library at Cornell and they just had a couple of Town Board Minutes 26 August 7 , 1989 books on what various Towns had done . It appears that some towns have set ambient noise levels for different neighborhoods . Councilman McPeak asked , just arbitrarily set the levels ? Mr . Winship replied that he did not know how they did it because he did not find anything very detailed . But the reason why they did it was apparently they found you simply can ' t measure , you can ' t do it because! you can ' t separate the background noise from the . . . . . Councilman McPeak added , a ratio of two levels so you have to have a reference . Mr . Winship replied right , and if you don ' t have that reference set up , the people that he talked to , who knew about it , did not know how you could make the measurement . And since it seems that the only place there is any roan for a subjective factor is during the night time hours you would have a really hard time during the daylight hours as it is set up . Councilwoman Raffensperger asked , the subjective standards aren ' t just for night time , are they? Mr . Winsh _p replied that as he read it it looked like it just applied to the night time . There is a reference to unreasonable noise levels but that only applied to after midnight Friday , Saturday and after 10 : 00 P . M . , other times . He stated that he did not' see any reference to anything but 60 decibels during the day time and he wondered how the Town could enforce that . Town Atfiarney Barney replied , Subdivision "A" prohibits unreasonable noise any time . Mr . Winship replied , it say "during the nighttime hours as defined in this Ordinance produces unreasonable noise " . Town Attorney Barney remarked , you are right . The way the language Y in the definition runs , that ' s based on some information that came to us from Professor George and he was the one who wrote the definition . Mr . Winship remarked , you don ' t have a subjective standard during the day time as it is written right now so you have something which is a metered reading and his question about that was that he asked some people who knew how to use decibel meters , which he did not know how to do , and they said when you are recording a sound as you have it written it has to be 60 decibels over the background noise . The Town Attorney replied that he did not think it said that . Mr . Winship replied , if that includes the ambient noise then there is no problem . He stated that his understanding from the discussions last summer , that it did not include it but if it includes it that ' s okay . As no one else wished to speak , the Supervisor closed the public hearing . Mr . Winship remarked that he did have one more question , how was the Noise ordinance going to get enforced? Councilman McPeak questioned the owners liability , he asked what other publicly owned facilities , he asked what that meant? Town Attorney Barney replied , the State , County and Towns own public highways and if a noise is coming from a Town highway it Town Board Minutes 27 August 7 , 1989 means that the Town would not be guilty of an infraction of the law . There was also some concern about a City owned firing range for the pDlice training and he stated that he also thought about the Town ' :; highway facility . Councilman McPeak replied that the reason he asked about this was that in the area of Forest Home there is a charge that sounds like half a stick of dynamite that goes off every five or seven minutes and it is to keep the birds from cross pollinating some trees . He stated that it could be heard all over the area and would this cone under the exception here because it ' s owned by the State of New York , it ' s part of the Ag School . Town Attorney Barney replied that read literally it would probably be excluded by this exception , unless it occurred during the night time hours . Town Building Inspector/ Zoning Officer Andrew Frost asked how the ordinance would be enforced and what role would the Sheriff ' s Department have and what will happen if he gets calls at two o ' clock in the morning? Councilman Bartholf remarked on the enforcement he felt that the Board had not done enough research on who was going to enforce this . It ' s a good law but the next thing is to enforce it . Supervisor Desch replied , you feel the Town Board needs to recognize , from a policy standpoint , that the enforcement is going to be a major commitment . Councilman McPeak remarked , we aren ' t passing rules that we can ' t enforce are we ? That ' s what bothers him . Just for the sake of putting a :Law on the books and then not being able to enforce it . Andrew Frost replied that he hoped voluntary compliance would be achieved on the first complaint or second complaint and then say the next time you will be going into court , will have some effect . Councilman McPeak replied , that ' s fine until somebody comes up and say okay prove to me that I ' m breaking the law . Andrew Frost replied , then things get more complex . Obviously you have to have a meter , you have to obtain your facts to show the violation and how they violated the law . Time will tell how effective it will be . Councilwoman Raffensperger remarked that it didn ' t seem to her that it would be very likely that the Town was going to have very many , if any occurrences where you are going to have to measure the decibel level . She stated that it would seem to her to be a really unusual occurrence . Mr . Frost .replied that he felt you had to treat each complaint as the ultimate was going to happen and you would have to go to court . Councilwcrmm Raffensperger replied , we do have another standard which can be employed . we have discussed this before that the only standard to be employed as to whether or not it cones under the ordinance and is a violation of it is not a reading on a meter , there is a subjective standard . Supervisor Desch asked if it was the intention of the Board to purchase a dB meters for each of the Sheriff ' s cars ? Councilman McPeak remarked , that is not only the cost , it goes into the cost of a calibrator and the person to calibrate it . Town Board Minutes 28 August 7 , 1989 Councilwoman Raffensperger replied that she did not think it was legally necessary for the Town to provide the Sheriff with the dB meters because again she felt that there would be very few cases in which a meter would have to be used . If it is a reoccurring problem then yes , we will have to arrange to use that kind of a mechanism . Supervisor Desch remarked , so then the Building Inspector/ Zoning Officer would have one and we don ' t need to budget then for the Sheriff next year . Mr . Frost asked , what - is- the .-Boards intent , if we get a call at ten o ' clock do we automatically cite someone if they are a first time . offender cr do we go up and we say that you are in violation of the ordinance . How gun-ho do you want to be ? Councilwoman Raffensperger replied that she thought you should go to the people , tell them the Town has a Noise Ordinance and that they are making more noise than the Ordinance allows so be quiet . If they are quiet that ' s it . SEQR DETERMINATION ON NOISE ORDINANCE Assistant Planner George Frantz stated that the SEQR had been done as an unlisted action . There is no significant adverse environmental impact anticipated and believed the ordinance would contribute to the protection of the community and neighborhood character by controlling the level of noise and suppressing certain excessive , unusal or unusally loud noises . One possible impact is the fact that it will require sane dedication of staff resources whether it is simply diverting staff from other tasks to this or eventually hiring somebody . RESOLUTION NO . 204 Motion by councilman Whitcomb , seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby declare a negative determination of environmental significance for the proposed Noise Ordinance . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) RESOLUTION NO . 205 Motion by Councilwonan Raffensperger ; seconded by Councilman Whitcomb , ORDINANCE REGULATING NOISE IN THE TOWN OF ITHACA Pursuant to Section 130 ( 1 ) of the Town 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 . ARTICLE I GENERAL PROVISIONS Section 1 . Title Town Board Minutes 29 August 7 , 1989 This Ordinance shall be known and may be cited as the "Town of Ithaca Noise Ordinance . " Section 2 . Applicability This Ordinance shall apply to all areas of the Town outside the Village of Cayuga Heights . Section 3 . Purpose The purpose of this Ordinance is to preserve the public health , peace , welfare , and good order by suppressing the making , creation , or maintenance of excessive , unnecessary , unnatural or unusually loud noises which are prolonged , unusual or unnatural in their time , place , and use and which are detrimental to the environment . Section 4 . Definitions Unless the context otherwise clearly indicates , the words and phrases used in this Chapter are defined as follows : 1 . "Motor Vehicles " shall include , but not be limited to , automobiles , trucks , buses , mopeds , minibikes , and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York as it may be amended from time to time . 20 "Sound-Amplifying Equipment " shall mean any machine or device for the amplification of the human voice , instrumental music , or any other sound . Sound-amplifying equipment shall not include standard automobile radios or tape recorders when used and heard only *by the occupants of the motor vehicle in which such automobile radio or type recorder is installed . As used in this Ordinance , sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes . 30 "Decibel " shall mean a unit for expressing the ratio of two amounts of electric or acoustic power equal to ten times the common logarithm of the power ratio with a reference power of 20 micro Pascals and weighted according to ANSI standard "A" weighting . It is abbreviated "dB (A) " . Decibels shall be measured on standard sound-level meters acceptable to the Tompkins County Sheriff ' s Department or the Town of Ithaca Building and Zoning Inspector . 40 "Person" includes the singular and plural and also any individual , any property owner and/or lessee , any firm , corporation , political subdivision , government agency , association or organization , including but not limited to officers , directors , employees , agents and/or independent contractors , thereof , or any legal entity whatsoever . 5 . "Daytime hours " shall mean the hours beginning at seven a . m. local time on Monday through Friday and beginning eight a . m. local time on Saturday and Sunday , and ending then p . m. local time on Sunday through Thursday and ending twelve o ' clock midnight local time on Friday and Saturday . 6 . "Nighttime hours " shall mean the hours beginning ten p .m. local time on Sunday through Thursday and beginning twelve o ' clock midnight local time on Friday and Saturday and ending seven a . m. local time on Monday through Friday and ending eight a . m . local time Saturday and Sunday . Town Board Minutes 30 August 7 , 1989 70 "Town " shall hereafter mean all of the Town of Ithaca exclusive of the portion of the Town within the incorporated Village of Cayuga Heights . 8 . " Residential zone " shall mean an R-5 ; R-9 , R-15 , R-30 or a Multiple Residence District , or an Agricultural District , as defined in the Town of Ithaca Zoning Ordinance . "Residential Zone " also includes any Special Land Use District defined by such Ordinance wherein one of the principal land users is residential . Should such Ordinance be amended or replaced and by so doing adding additional. zones or differently denominated zones , "Residence zones" shall mean those zones determined under such Ordinance or any successor statute wherein the predominant intended land use is either residential or agricultural . 90 "Unreasonable noise " shall mean any excessive or unusually loud sound which , at the boundary line of the property from which the sound emanates , either annoys , disturbs , injures or endangers the comfort , repose , health , peace or safety of a reasonable person or normal sensitivities , or which causes injury to animal life or damages to property or business . ARTICLE II SPECIAL NOISE SOURCES Section 1 . Radios , television sets , and similar devices or amplifying sound A . It shall be unlawful for any person anywhere in the Town to use or to operate any radio or receiving set , musical instrument , ( including drums ) , phonograph , television set , or other machine or device for the producing or reproducing of sound that during the nighttime .hours as defined in this Ordinance produces unreasonable noise within any Residential Zone . Be It shall be unlawful for any person within any Residential Zone to use or operate any radio receiving set , musical instrument , ( including drums ) , phonograph , television set , or other machine or device for the producing or reproducing of sound that during the nighttime hours as defined in this Ordinance , either produces unreasonable noise or emits a sound greater than fifty- five ( 55 ) dB (A) as measured at the property line of the emitting source or the adjacent public right-of-way . During the daytime hours it shall be unlawful for any reason to operate or use any radio receiving set , musical instrument , phonograph , television set or other machine or device for the producing or reproducing of sound at a level greater than sixty ( 60 ) dB (A) as measured at the property 'Line of the emitting source or the adjacent public right-of-way . The corresponding sound levels permitted in any zone other than a Residential Zone shall be fifty-five ( 55 ) dB (A) nighttime (and sixty-five ( 65 ) dB (A) daytime . Section 2 . Construction of buildings and projects During the. nighttime hours as defined in Article I . Section 6 herein , it shall be unlawful for any person within a Residential Zone , or within a radius of five hundred ( 500 ) feet of a Residential Zone , to operate construction equipment or perform any outside construction or repair work (except that of an emergency nature ) on buildings , structures , or projects , or to operate any pile driver , steam shovel , pneumatic hammer , derrick , steam or Town Board Minutes 31 August 7 , 1989 electric 'hoist , or other construction equipment except to perform emergency work . If any domestic power tool , including but not limited to mechanically powered saws , sanders , grinders , and law and garden tools are used outdoors , is operated during nighttime hours , no person shall operate such machinery so as to cause unreasonable noise in a ' Residential Zone . ARTICLE III PERMITS Section 1 . Authorization for Permit Where the enforcement of this Ordinance would create an unnecessary hardship , the Town Board , in its discretion , is authorized to grant a permit for a specific waiver from the requirements of this Ordinance . Such waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose , that the proposed waiver is the minimal intrusion needed , that on balance the need for an d benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment . Section 2 . Permit Procedure An application for such a permit shall be filed with the Town Clerk and shall :provide the following information : ( a) Name of applicant . ( b) The adult person responsible for compliance with the permit , if different from the applicant , which adult ]?erson shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit . ( c ) The reasons for such usage . ( d) ]Mans and specifications for the use . (e ) IJoise abatement and control methods to be used . ( f) '.rime schedule . ( g) I)ercK)nstration why applicant cannot conform to the Ordinance . (h) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request . A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town ' s official newspaper . The issuance of permits shall be discretionary . The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit . ARTICLE IV Town Board Minutes 32 August 7 , 1989 VIOLATION AND PENALTY Section 1 . Violation A . Any sound originating from a stationary property location which is Emanating and found to be excess of the levels permitted for the zone as specified in this ordinance shall be a violation of the ordinance . B . Any sound originating from a transient noise source and measured on a standard meter at a distance of fifty ( 50 ) feet from the emitting source which is found to be in excess of the noise levels specified in this Ordinance or of the New York State Vehicle and Traffic Law shall be a violation of this Ordinance . C . Any unreasonable noise , prohibited by Article II of this Ordinance during the nighttime hours as defined in this Ordinance shall be a violation of this Ordinance . Section 2 . Penalty Any person who shall violate the provisions of this Ordinance shall be punishable as follows : For the first violation the violator shall be subject to a fine of up to Two Hundred Fifty Dollars ( $ 250 . 00 ) or imprisonment not to exceed fifteen ( 15 ) days , or both . In the event a person is found to be violating this Ordinance more than once within any five year period , a violator shall be subject to a fine of up to $ 500 . 00 or imprisonment not to exceed thirty ( 30 ) days , or both . With respect to continuous emissions of sound , each day of such Emission shall constitute a separate violation . Section 3 . Owner Liable The owner of any real property (except public highways , and other publicly owned facilities ) from which sounds prohibited by this Ordinance emanate shall be guilty of a violation of this Ordinance , whether or- not such owner was on the premises of occupied the premises when the proscribed sounds emanated from same . Supervisor Desch called for a role call vote . (:ouncilman Bartholf Voting Nay Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Nay C:ouncilwcman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Supervisor Desch Voting Aye The Ordinance was thereupon duly adopted . STREAM STUDY REPORT Douglas Foster , Graduate Student in the Department of City and Regional Planning at Cornell University stated that he began by doing literature research and he looked at other stream corridor studies that had been done which was mostly on a state level . He stated that: he also looked at the studies that had been done on the Town Board Minutes 33 August 7 , 1989 local streams in the Town of Ithaca . Then he looked at other municipalities and what types of laws they had passed involving similar conservation projects . The study really broke down into two parts the first part being the mapping of Coy Glen , Inlet Valley , Lick Brook , Six Mile Creek , Cascadilla Creek and Fall Creek . We have eight sets of maps for each . The first being property ownership , just showing if it ' s in private hands , state hands or Town hands . The second being land use land cover . Slopes , flood plains , hydrology . There is a map on visual analyses , zoning map , historical culture features and then a soils map based on the suitabilities for develogrent . We are still in the process of setting up the maps . Mr . Foster went on to say that the second part was actually looking at the different land use control mechanisms of which there are basically three as listed in the index . There will be goals and objectives of whatever laws should be passed by the Town for the stream corridors , the describing the base maps , an inventory of the streams in the corridors and the next three will be describing the different possibilities for control mechanisms . First , being an overlay district just overlaying the present zoning map , that would be an add_Ltional set of controls above the present zoning . Then there could be a conservation easement program set up and the last would be a transfer rights program which New York City has and some other Towns have . Councilman Whitcomb asked Mr . Foster at what point was he at now in his work? Doug Foster replied that he had a rough draft , basically . He planned to have it finished by the end of August . WATER ACCOUNT REFUNDS RESOLUTION N0 . 206 Motion by Councilwcanan Raffensperger ; seconded by Councilman McPeak , ( 1 ) WHEREAS , the property at 101 Halcyon Hill had a meter which registered in cubic feet , and WHEREAS , in June of 1988 a new meter was installed which registered gallons , and WHEREAS , tine account has been continually charged for consumption in cubic feet instead of gallons , NOW THERED)RE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 88 . 95 for water , $ 8 . 90 for water surcharge , $ 74 . 00 for sewer and $ 6 . 23 for sewer surcharge , total refund of $ 178 . 08 be paid to Edward Gobrecht , 101 Halcyon Hill , Ithaca , New York . Account Number E-407 . ( 2 ) WHEREAS , a penalty was assessed to the property at 126 Woolf Lane , and WHEREAS , tree account was paid on time , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 4 . 72 for penalty be paid to Peter Meskill , 64 East Seneca Street , Ithaca , New York 14886 . Account Number B-40540 Town Board Minutes 34 August 7 , 1989 ( 3 ) WHEREAS , after several estimated bills an actual reading was obtained for the property at 699 Coddington Road , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 6 . 16 for water and $ . 61 for water surcharge , total refund of $ 6 . 77 be paid to Deforest Heffron , 699 Coddirgton Road , Ithaca , New York . Account Number F-808 . ( 4 ) WHEREAS , after several estimated bills an actual reading was obtained for the property at 301 St . Catherine Circle , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 45 . 29 for water , $4 . 52 for water surcharge , $ 38 . 11 for sewer and $ 3 . 26 for sewer surcharge , total refund of $ 91 . 08 be paid to Thomas Cardman , 2205 Vincent Drive , Brookfield , Wisconsin 53002 , Account Number T- 1425 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . JUNE AND JULY FINANCIAL REPORT RESOLUTION N09 207 Motion by Councilman McPeak ,, seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the June and July Financial Report as presented . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . 1989 SALARY RANGES RESOLUTION NO . 208 Motion by Councilman McPeak ; seconded by Councilwoman Leary , WHEREAS , the Town Personnel Committee has considered the salary pool for 1990 budgeting purposes , and WHEREAS , the cost of living , salary ranges , and competition suggest the pool be set at 6 % , NOW THEREFORE BE IT RESOLVED , that the Town Board Of the Town Of Ithaca hereby recommend that the salary pool for 1990 budgetary purposes be set at 6 % . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . REVISION TO JOB DESCRIPTION FOR DEPARTMENT SECRETARY Supervisor Desch stated that this item was still being discussed by the Persorriel Committee and was not ready for presentation tonight . STREET LIGHT REQUEST FOR CORNER OF WARREN ROAD AND ROCKY LANE RESOLUTION N0 . 209 Town Board Minutes 35 August 7 , 1989 n Motion by Supervisor Desch , seconded by Councilman McPeak , WHEREAS , a request has been received from Lucente Hmg es for the installation of a street light at the corner of Warren Road and Rocky LanE' , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby request NYSEG to install a street light at the corner of Warren Road and Rocky Lane . (Desch , Mc Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . REPLACEMENT OF STREET BROOM RESOLUTION NO . 210 Motion by Councilman Bartholf , seconded by Councilman Klein , WHEREAS , the street broom the Highway Department has is ineffective mounted on. the backhoe , WHEREAS , the broom is far more effective and operable mounted on the mower tractor , WHEREAS , it has becone more difficult to schedule work around other township ' s and county broom tractors , WHEREAS , it will cost over $ 3000 to adapt the current broom to the mower and a new broom outfit with trade-in of the current will cost $ 3820 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the trade-in of the current broom and the purchase of a new broom outfit for $ 3820 from Seneca Supply . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . PURCHASE OF NEW PLOTTER RESOLUTION N0 . 211 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , WHEREAS , the existing plotter for the Autocad system is used by both Engineering and Planning , and WHEREAS , it is not currently producing plots of a quality acceptable for contract plans , and WHEREAS , in the course of design of the 1989 Water and Sewer Improvements Capital Improvements project , it is reasonable to expect the need to generate approximately 200 plots , and WHEREAS , -there is available at Frontenac Designs a Houston Instruments 6 pen plotter , model number DMP61 , that was used in the store as a demonstrator , for $3700 installed ( a savings of $ 660 from the cost of the same machine brand new) , and WHEREAS , it has been determined that this machine is of sufficient size and quality to provide the desired service to the Town Engineering Department , Town Board Minutes 36 August 7 , 1989 NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the purchase of a new plotter for the Engineering Department ' s Autocad system, at a cost of $ 3700 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . REHABILITATION OF EXISTING PLOITER RESOLUTION NO . 212 Motion by Councilman McPeak , seconded by Councilman Klein , WHEREAS , the existing plotter for the Autocad system is used by both Engineering and Planning , and WHEREAS , the Engineering Department has been authorized to purchase a new plotter for their Autocad system , and WHEREAS , the existing plotter can be rehabilitated and made serviceable for the needs of the Planning Department for an approximate cost of $ 2004800 at Frontenac Designs , depending on the work required , NOW THEREE)ME BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the rehabilitation of the existing plotter for the Planning Department ' s Autocad system at a cost not to exceed $ 1000 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . WORKSHOP ON WATER MAIN DESIGN AND ANALYSIS RESOLUTION NO . 213 Motion by ,supervisor Desch ; seconded by Councilman Whitcomb , WHEREAS , the design of the 1989 Water and Sewer Improvements Capital ilgprovements project will begin shortly , and WHEREAS , it would be beneficial to the Town Engineer , the project , and the Town for the Town Engineer to attend a short course to review water system design , and WHEREAS , there is offered a workshop on Water Distribution System Analysis and Design during the week of August 21 -25 , 1989 in Madison , Wisconsin , sponsored by the College of Engineering of the University of Wisconsin , Madison , and WHEREAS , the cost of the course would include : $ 825 for the course , registration , and related materials , approximately $ 300 for air fare , approximately $ 250 for lodging , and approximately $ 100 for meals and ground transportation for a total of $ 1475 , NOW THEREFDRE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Engineer to attend the above mentioned course at an approximate cost of $ 1475 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitccanb voting Aye .. Nays - none ) . DATA ENTRY SUPPORT FOR }JUDGE WALLENBECK Town Board Minutes 37 August 7 , 1989 RESOLUTION N0 . 214 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , Judge Wallenbeck has a continuing need for data entry support to update and maintain the Court computer records , and WHEREAS , the acquisition of new Justice System software makes imperative that the files always be current , and WHEREAS , it is not possible for one data entry person to devote enough hours per week ( 15 ) to keep files up-to-date , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the appointment of Catherine A . Wall on a permanent basis to provide computer support and data entry for Judge Wallenbeck at a rate of $ 7 . 00 /hour beginning August 7 , 1989 . The total hours for both data entry operators will not exceed 15 hours/week . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . FALL CREEK RECREATIONAL RIVER Supervisor Desch remarked that the Board had received a packet of information prior to the meeting . He asked if the Board had any questions inn the answers that Attorney Ruswick had put together? Margaret Fabrizio stated that she had sane more papers for the Board . She then presented them with a memo that included excerpts from the Natural Areas Committee meeting in July , and an excerpt from the Cornell Plantations Natural Areas Committee . She stated that at this last meeting there was a member from the Board who she felt misrepresented the Plantations sentiments and where they are on the issue . The Natural Areas Committee did vote in support of the designation but it did not go to the full Advisory Board Council vote because of internal University politics . They will probably not be voting on this , they feel they have a lot more to lose in future dealings with the University if they take a verbal stand on this issue , right now. The next item is from Dr . Edward Brothers who was at the last meeting but did not speak and now offers his thoughts on this . The most important thing she had , she stated , was a letter from Marty Luster . He has suggested a joint meeting of the Town Board of Dryden and Ithaca along with the Fall Creek Conservation Committee and he will be available to answer questions and establish guidelines and go over the procedure . Especially since we are suggesting amendments to the normal procedures for doing this legislation . The dates that he suggested are August 17th , 23th and 28th . Councilman Whitcomb remarked that he would like to take advantage of Martin Lusters offer to set up a meeting with the parties involved , as soon as possible , to see if we can arrive at some kind of resolution of this . Councilwoman Leary replied that it sounds like an idea . Supervisor Desch remarked that he guessed the only issue that he would take with having a meeting of that sort would be the firm opposition from Forest Hone . By participating in an overall meeting it would almost seem as if there was some sort of endorsement: of some element of the proposal . Maybe we could clearly state that setting forth that kind of a meeting with the Town Board Minutes 38 August 7 , 1989 understanding that Forest Home would be left out in having the participants discuss what the ramifications of that omission would be . But he felt it would only be fair to the originators of the proposal to know somewhat where the Town Board was coning from then going through a big long process and then either leaving something out or changing the whole proposal so some other aspect of that . He went on to say that the Board had not discussed it in specific terms and we really owe the proponents of the proposal some kind of concrete point of reference that they can either do further homework on or respond to or whatever they might choose to do . He asked the Board how they felt and was there a consensus that the clear opposition from the property owners in Forest Home is such that anything this Board would do would exclude that area from the corridor . Are we at that point or are we at any other point of that nature on the proposal ? Councilwoman Raffensperger stated that she would be supportive of a resolution, which basically endorsed the proposal but extended the exclusion of Beebe Lake to include those residential properties already developed R-15 in the Town of Ithaca . She stated that the Board would need the parcel numbers which she did not have . And also then with the proviso that there not be an interim boundary period , that the set in the legislation and that there be a commitment to a management plan , including the public hearing requirements . Supervisor Desch asked , what about the issue of the location of the Forest Home by-pass , that can get very ccnplicated if provision isn ' t made! for that location . The problem there is we don ' t know exactly where it is going to be constructed . Councilwoman Raffensperger replied that she had received several letters which says the designation will not effect the consideration of the Forest Hone by-pass , now if that it not right it is another one of those things that she felt the Board had tried to clear up and she had several letters which say that it is not going to effect the right of the community to locate a Forest Home by-pass . If that is not right , this is the time to find that out . Supervisor Desch asked Councilwoman Raffensperger if her resolution could be worded that way so that that could be left out in the event it was determined that it would effect the ability of the municipalities to provide for that? He went on to say that he looked for something that would clearly establish that , in all of this , but unfortunately he did not find it . Ms . Fabriz.io replied , Section 26 of the Regulations addresses road and bridge:D . Supervisor Desch replied that the regulations did not give him the confidence in actually dealing with it . Perhaps that would be something in the management plan that would go along with the regulations , if it was so chosen . Councilwoman Raffensperger r er re P lied , tell me what you would . . . . . Supervisor Desch replied that he thought the wording would be , "with the understanding that the designation of the remaining proposed areas in the Town of Ithaca would not limit . . . . . Ms . Fabrid.io added , their are conditions about environmental impacts . If you propose a road that , a bridge that goes straight " across flat: rock and totally eliminates that as a recreational area of Fall Creek , she wouldn ' t be able to guarantee that the regulation:; as written were going to say yes go ahead and do it . Town Board Minutes 39 August 7 , 1989 You can build a road and you can build a bridge , you can span the river . Supervisor Desch replied , what you are saying is that if there were a pier in the middle of creek there would be a potential problem in getting it approved . Ms . Fabrizio replied that what she was saying was , say you put in a bridge right exactly at flat rock so that it was no longer useable as a recreational area she thought that there were some standards that had to be followed in order to avoid that kind of total elimination . That ' s her interpretation . Councilman McPeak remarked , if its a whole river , creek , piece of water being considered for recreational so you couldn ' t pick out flat rock . Ms . Fabrizio remarked that ' s what the designation . . . . . Supervisor Desch remarked , to prevent that from being a problem he felt the safer way to adopt a resolution would be to exclude from the area being designated an area in the future to be designated as the corridor for the by-pass for Forest Hone . Ms . Fabrizio replied , then you will have nothing left in the Town of Ithaca . Councilwoman Raffensperger replied , there would be the other side , we are not proposing to exclude the other river bank . Ms . Fabrizio replied that she was not sure that was something that could be clone . She was not sure if you could just do a bank and not do a creek . Supervisor Desch replied , you almost have to exclude whatever that corridor is going to be because the designation may make that bridge unaffordable and your alluding to that fact by . . . . Ms . Fabrizio asked , how will it make it unaffordable ? Supervisor Desch replied by being unable to put a pier or two piers in the creek . Ms . Fabrizio replied that an environmental review may make it impossible regardless of a designation . Supervisor Desch replied that it depends , piers are an example . Abutments lvqould be another example . Clear spans would be another example so it really is premature to designate whatever that future corridor i:3 going to be because it may just complicate it enough to eliminate that possibility . So that would be safer way to word it . Councilman McPeak remarked , but now we are only talking about a small portion of the creek from Fall Creek to the trailer park which is not a great amount of distance . Ms . Fabrizio remarked , in the Town of Ithaca . Councilman McPeak replied , that ' s the only thing we can vote on . Councilman Whitcomb replied , now we have to be careful that you are saying that you are endorsing the designation of the entire river as a recreational river but let ' s leave out the Town of Ithaca . Councilwoman Raffensperger replied , that ' s not what you are saying . Town Board Minutes 40 August 7 , 1989 Councilman McPeak added also , no , that ' s not what you are saying . Councilman Whitcomb replied , well that ' s the effect . Councilwoman Leary remarked that Councilwoman Raffensperger ' s exclusion is just of those parcels . Councilwoman Raffensperger replied , the proposed Beebe Lake exclusion be expanded to include the exclusion of that area of the Town of Ithaca in Forest Home which is presently developed as R-15 residential , specifically tax parcel numbers ( and then list them) . There are two vacant parcels and she was not sure if they had been subdivided but the intent was that the two vacant lots that she was aware of would also be included in the exclusion . Ms . Fabrizio asked Councilwoman Raffensperger if she knew parcels on the opposite side of the creek , the north side of the creek , would that be included? Councilwoman Raffensperger replied that it was not part of her exclusion . Ms . Fabri7.io stated that she was willing to put that forward as long as the Board understood that she was not sure that that would be possible to do . You have Beebe Lake , then you have the gorge , the By-Way and then Forest Home going that way , you would be excluding that including " this " and you would have to include the creek in this Forest Home section . In other words , right across the creek from Mr . Pendleton lives are undeveloped parcels of land which are owned by the University and she stated that she would check into but she was not sure how it could be drawn to include the parcel and not the creek . Supervisor Desch speaking to Councilwoman Raffensperger said , but your resolution includes the creek , right? Councilwoman Raffensperger replied right , at least down the middle of the creek . That was her intent , but not on the other side . Supervisor Desch asked how the issue of the by-pass canes into the overall issue ? Councilwoman Raffensperger replied , it would be excluded . The Beebe Lake exclusion be expanded to include the exclusion of that area which is presently developed as R- 15 . Supervisor Desch replied , are we likely to get out of the East Ithaca Congnittee some kind of a determination on the corridor within the next year? Is that possible , feasible ? Assistant '.Gown Planner Frantz replied that he thought some members at least felt it was possible . Supervisor Desch replied that he thought it seemed to be shaking down to a specific area and it would seem unfortunate to have an obstacle that would , after all the years that people have worked on it , suddenly make it once again an impossibility which it has been for a long time . Lawrence Fabbroni stated that he owned parcels that were undeveloped by the map . Councilwoman Raffensperger stated that she had tried to pursue the question of the bridge because she stated that she would vote for nothing that makes it impossible to have a by-pass of Forest Hone . She stated that her understanding had been quite different than Town Board Minutes 41 August 7 , 1989 what she heard tonight about what is permitted and what is not permitted about a bridge and she felt that needed to be clarified . Supervisor Desch asked if it would not be appropriate to put Councilwoman Raffensperger ' s resolution on the table and bring it to the joint meeting that people are talking about . Supervisor Desch askeed if there was a consensus to eliminate the presently developed as R-15 residential ( specific and specify) parcels and the by-pass ? Councilman McPeak asked , how would this effect the taking of water from the creek? Ms . FabriZio replied , existing water withdrawals could continue and increases would be subject to permit . The Board suggested a date of August 22nd or August 29th as possible time for the joint meeting with the Town of Dryden . ABANDON PORTIONS OF SHARLENE ROAD EXTENSION Town Attorney Barney stated that this was a request by Bud Larkin . He passed out maps and remarked that if you follow the map you will see Eastern Heights Drive and Sharlene Road and if you follow Sharlene Road south across Tudor Road , when these roads were taken by the Taws it was contemplated that Sharlene Road would continue further South to connect into the subdivision to the South . That has now been subdivided in such a way that that road is not going to continue . Mr . and Mrs . Larkin who own tax parcel no . 8 . 163 would like to acquire all or part of that strip of land from Sharlene Road . If the Board wants to give up their rights to this road he would be glad to start the procedure . However , the Board will have to reserve a 10 ' right-of-way for a water line which is currently there and he wanted to check to make sure there were no more utility lines there . He stated that the proper way would be to proceed with an abandonment proceeding and divide the road into two pieces and abandoning it to the owners of 8 . 163 and 8 . 164 both to the center line reserving the water easement . Supervisor Desch asked if an appraisal would be necessary? Town Attorney Barney replied that he had not looked at the abandonment requirements but he did not think so unless you are thinking in terms of selling it . Supervisor Desch replied that that was what would be done . Councilman McPeak asked , if they wanted the Town to give it to them? Attorney Barney replied that he did not think they had made a request either way it was just basically he was thinking in terms of if the :road isn ' t used you abandon it and it automatically goes to the owners of the adjacent parcels . If you are talking about selling it you probably would need an appraisal . Supervisor Desch felt that was appropriate , he did not feel that giving the land away would be appropriate . RESOLUTION N0 . 215 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , Town Board Minutes 42 August 7 , 1989 RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to proceed with the appraisal and arrangement for the sale of a portion of Sharlene Road . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) ., TOWN OF I'I'HACA WARRANTS RESOLUTION N0 . 216 Motion by Councilwoman Raffensperger , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated August 7 , 1989 , in the following amounts . General Fund - Town ' Wide . . . . . . . . . . . . . . . . . . . . . . . $ 60 , 660 . 94 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 47 , 149 . 01 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44 , 318 . 37 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 124 , 322 . 15 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 52 , 377 . 11 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 462 . 88 (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Town Engineer Sally Olsen stated that she had two additions . The first is for Hill Construction who did the grading work and gravel work for Dates Drive last summer . They put in their request for final payment last just but there was some confusion over what they should be paid for . They never were paid the entire amount they should have been paid last July and it has been so long that they are due s(m a interest . We met with Mr . Hill this afternoon and agreed on a dollar figure that would be satisfactory . He has been terribly patient and is a rather small contractor it seems unnecessary to make him wait longer for his money . RESOLUTION N0 . 217 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the final payment to Hill Construction Company in the amount of $ 1 , 222 . 19 for principal and $ 545 . 00 for interest , total payment of $ 1 , 767 . 19 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none) . The Town Engineer went on to say that the second item was Frank Rizzo Construction for Phase II of the 1987 Water and Sewer Improvement: project . It ' s complete , they have done site restoration , there way be some warranty work . They are requesting $ 2 , 000 of retainage back and also this is the project along Route 89 that had terrible settling of the shoulders of the highway . They wrote the Town Engineer a letter in the early part of last month with their voucher and invoices attached for what they thought was n agreeable amount . They are claimi s ng the fault was with the back fill material and the fault of the Town because they approved the back fill material . She stated that she did not think Town Board Minutes 43 August 7 , 1989 this was entire accurate since the back fill material was approved by the State Inspector and , therefore , she had suggested that the cost be split . They agreed to split the cost . Our Highway Department: also made four repairs on the project this spring for the same problem , on an emergency basis . Therefore , she felt that these bill should also be split so she was recommending that $ 1 , 301 . 15 be subtracted from the voucher that Rizzo submitted for $ 7 , 646 . 68 making a total of $ 6 , 345 . 53 . RESOLUTION N0 . 218 Motion by Councilman Klein , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the payment of $ 6 , 3345 . 53 be made to Frank Rizzo Construction Company for Phase II of the 1987 Water and Sewer Improvement project . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 219 Motion by Supervisor Desch ; seconded by Councilman Whitcomb , RESOLVED , that the Bolton Point Warrants dated August 7 , 1989 , in the Operating Budget are hereby approved in the amount of $92 , 200 . 18 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . I SALARY RANGES Councilwcm-ln Leary requested that this item be discussed in Executive :Session . Supervisor Desch replied okay we will have an Executive Session on three matters , the village of Cayuga Heights sewer , the salary ranges , and the condemnation for the trail . TV PROGRAM PRIORITY I AND II - NORTHEAST SEWERS FILTRATION ELIMINATION Supervisor Desch remarked that Pickard & Anderson would have to go out in the field and find out who was able to do the work most cost effective . Town Engineer Sally Olsen stated that she thought Pickard & Anderson expected to do the work . Supervisor Desch suggested the Board set a budget of $ 25 , 000 for purpose of doing a television program for Priority I and II . He asked if that allow a step forward? Town Engineer Olsen replied , yes . Councilwcemann Raffensperger asked if it would be going out for bids? Town Board Minutes 44 August 7 , 1989 Supervisor Desch replied that that was the issue that would have to cone back because we do not have enough detail to know if it is part of an engineering agreement , it ' s field work and there are particular people in the trade who do this kind of work . RESOLUTION NO . 220 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby establish a budget of $ 25 , 000 to make provision for the TV inspection of Priority I and II on the Northeast sewers . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye. . Nays - none ) . SET DATE FOR PUBLIC HEARING TO MODIFY SECTION 75 OF THE ZONING ORDINANCE Town Attorney John Barney remarked that Section 75 of the Zoning Ordinance had been amended twice and the second time it was amended the first amendment was not taken into account so we would like to clean this up . Section 75 is the Building Permit section . RESOLUTION NO . 221 Motion by ,Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 15 P . M . , on September 11 , 1989 to consider mDdi.fying Section 75 of the Zoning Ordinance . (Desch , Mc:Peak , Raffensperger ; Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION N0 . 222 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby move into Execui:ive Session to discuss possible litigation and personnel matters . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none ) . OPEN SESSION RESOLUTION N0 . 223 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Leary , RESOLVED , i;hat the Town Board of the Town of Ithaca hereby moves back into Open Session . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . SALARY RANCES Town Board Minutes 45 August 7 , 1989 RESOLUTION N0 . 224 Motion by Councilman MCPeak ,, seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the 1990 Salary Ranges as adjusted . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitccmb voting AYE! . Nays - none) . SOUTH HILL RECREATION TRAIL AND THE ACQUISITION OF REAL PROPERTY RESOLUTION NO . 225 Motion by Councilman McPeak , seconded by Councilman Bartholf , WHEREAS , it has been proposed to construct a recreation way and appurtenances thereto , including cinder and paved tracks , access barriers , and other related facilities , on South Hill in the Town of Ithaca , and WHEREAS , the proposed location of said public recreation way and related facilities lies on portions of lands of John Sincebaugh , known generally as Town of Ithaca tax parcel No . 53- 1-13 , 54-7-23 , and 53-1-22 . 1 , and on premises owned by New York State Electric & Gas Corporation , known as Town of Ithaca tax parcel No . 54-7-50 , 53-1-22 . 2 , 53-1-22 . 3 , 51- 1- 2 , and 48- 1-13 , and WHEREAS , pursuant to the provisions of the New York Eminent Domain Procedure Law, after proper publication of notice , a public hearing to determine the need for and location of the public recreation way and related facilities was held by the Town Board of the Town of Ithaca on August 7 , 1989 , and WHEREAS , the Town Board by resolution passed on July 10 , 1989 , authorized the attorneys for the Town to commence Eminent domain proceedings on behalf of the Town for an easement over said property of John Sincebaugh , Now THEREFORE BE IT RESOLVED , that the following constitute the determinations and findings of the Town Board in regard to said Eminent domain proceedings 1 . There is a need for the South Hill recreation way to provide recreational , pedestrian , bicycle , and related activities off of public highways in a safe , properly designed and maintained area that excludes vehicular traffic . 2 . The public use , benefit or purpose to be served by the proposed project includes the provision of publicly available recreational facilities for use by bicyclists , pedestrians , joggers , and other recreational pursuits involving non-motorized vehicles in an area and location that is not adjacent to or in public highways where cars , trucks , and other vehicles endanger the recreational users . 3 . The approximate location of the proposed South Hill recreation way is largely along former Lehigh Valley Railroad rights of way and certain adjacent properties including lands owned by New York State Electric & Gas Corporation referred to above , lands owned by John I . Sincebaugh referred to above , a portion of property owned by Donald Street ( tax parcel No . 48-1- 14 . 1 ) , and portions of property owned by Therm , Inc . ( all or a portion of City of Ithaca Town Board Minutes 46 August 7 , 1989 tax parcel No , 91-4- 1 , Town of Ithaca tax parcel Nos . 54-2-1 , 54-4- 1 , and 53- 1-12 ) . The location runs substantially along premises presently generally used for pathway purposes lying largely within the <new York State Electric & Gas Corporation easement with certain connections across the Sincebaugh and Street property all as more particularly shown on survey maps related to the South Hill Recreational Trail on file in the Town Planner ' s Office in the Town of Ithaca . 4 . The site of the proposed project was chosen as being the most feasible Eilternative with the least impact on private landowners in that it runs along what is presently in substantial part an existing pathway with necessary connections being provided to public highways at various points along the route as shown on the above mentioned maps . The proposed project cannot be feasibly located elsewhere as it would require substantial amounts of additional construction , cuts in the bank on which the current New York State Electric & Gas Corporation path runs , and other extensive additional costs . 5 . The proposed project would have no significant negative effect on the surrounding environment and the carpleted project will substantially improve the quality of life for the Town of Ithaca residents . 6 . The effect of the proposed project on the residents of the locality would be beneficial in that it would increase property values by providing a publicly usable recreation way for said residents connecting from Burns Road in the Town of Ithaca to Hudson Street Extension in the City of Ithaca . RESOLVED , that the above determinations and findings , or a reasonable synopsis thereof , be published by the Town Clerk in the manner provided by law . (Desch , Mc]?eak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none ) . VILLAGE OF CAYUGA HEIGHTS SEWER PERMITS RESOLUTION N0 . 226 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to file proceedings with the Supreme Court to overturn the ruling by the Cayuga Heights Village Board denying sevrer permits in the Town of Ithaca . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcarb , voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Clerk I . . _ , ^ It- It- -tI E. I �• . JOURNAL Wiz . ct ?t s AAA . .... . .. . . --- . . . . . btL^_ e c � � :� ,:.+ , dcxSGS Li = fi \Z �! ITS1 :: � 1 Z '�-�. y ,1{1 !1 ✓t ' �. )< ,ai ! �.t ^ "Z�.l ^. L :iV i , _ - uTOWNOEITHACA NOTICE OF PUBLIC HEARING . .. _ _ r. n _ . .. -- - -- . .. Tea. Y s ticw o�-�a ,+.1 s „b�.i cx o `A tom ? F7 :L t.St?Od • PLEASE TAKE ' NOTICE,' that the �.._ . _.. . . _ P -. . . -- ' - �r P'� P Town' Boord'of the Town of Ithaca .will ' rreet' ond conduct It�t� ' L�C' : ". ' il1 .�i ' t+1+r`: i� 'D�� , t.!, e s nnexe 1S : tract' -°- - a public hearing on August 7; -. . __ - 1989, at 7:30 P, M. , ' at - the - - - Town Hall, - ,126 East Seneca Street, Ithoc6, New York, t6` C f '. - consider amending the Tows of Ithaca Traffic on both s des s . . > �^ - ___. . _- . _—. __ ._ _ .�... Burns Road fom NYS Route of 9 to the bridge over Six Mile tit reek ' and from the bridge -. .. _____• •__- ver Six Mile Creek 500' West, - L of or saidpOrdnanoee inoP: . �� - t_`i► l - �:S! f ' S'i t'� : .J =ZAA ..' Or S _ � nv, AA ':� � � O : �: ' !`. . _.. . °- .. . Jean H. Swortwo6d r Y 9 Town Clerk , _ . _. . _. � - - u l 29 198 ` rte - ... .. . . .. _ _ ,.. .. _ _. •. . . . - - - _ CIE V, rv :w.. _. . - _ - - -FOx � _ _ _ JEAN .::._ , . . �'Jofiary 'Public, State .ot yew ` 6�k No. 4654410 Qualified in Tomp'flns. .. County C' ' l C om % :_ ' It :1tI 9. missio� . explres. May 31 , 19 I - - tt tttt tt M > — . • r — _J _ I y 1. a _ . . �� I• t 3 uL _ .. T n t . 1 - - - - - - ..; - f. T. t � J _ i s. ter. � ,� 4 •: z ar r 9L.PiC cVON T H E C A. 0 U Riser AL. ^ t �_ a -xs _. c tiJtc c C \., , _.__ .��.��_art-. ..._._ . . .__ . _. . . _ . .--- • -• - • --. . . . . . . ., .. �',:• � . .., _• ' r 's , '� t rai : � z I • � Gorin• '�• Ln r� v � to = ss C.at . be er�`_ � �r -. .. _.. —._ 0: , Tl� I ;SACA ffl .'fa .,�L ! P .:bT1 � D!x'sp ° p �= -- ? p = '`sa - —± NOTICOE' OFPOUBLCHEARRINh 1 PLEASE TAKE NOTIfCE of . Town Boar o the Town: It�t ul � `, ti ! L^•2�fSC 3S ! t7'U !.' ` Ithaca will meet and conduct ,• - - - - _: a public hearing on August 7, ' 1989, W; 1 n Ha118:006PEast 'Seneca IJ 1L — —_—.. . .�_. .—_._- _.—.._..__— _—•• . _. + . F �` � - Street, Ithaca, New ' Ybrk ao . ' he adoption Ordinance he Town conside Noise nd to hear :oll p e — .� - - •-• --• -----` —• - - " - ' —' ' of Ithaca a 'per - of in favor of or opposed to. the adoption of said ;di nonce: . Jean * .7 ti f row° c 1t. my 2 989 H . - Swartwood Town Clerk fit . . tea , ts _ SLI t O. Ste _ II . .. _ � O : f .. — --- J 9, 1 I^ of -' J�: .� . ... . __.. . - - - -- -... .. . . .. . . ... . . .. . .. �9:$ :. 4 . . � . .. .. _.... ..... ... ... .... ._: qv ' •�r�._ . �, 1... n -a-. fat g; }�i• r __..... .... — J.— ... .__ . ._.__ tic .. .. _ . . -- •jam r•�a �yg`� � �. .v.... w. v. � _ _ - - .. k 1. '- '_. ?:a'..2-1 C u✓u : tv � - ._ - •Notary. Public, State orr. . New York - No, 4054410 : F7 Qualified in Tompkins County - C ommission expires May ,31, i.Y:�dd /. _ tM-}ice_ _ �l.S^�{-.�..1\ _ . . _ _ . . ' -. . - • __-•'..-•"' 1__ .. . ...... ... .. . . . . - low lFlF .HE -- C11 ® URI�TA�. r. : b{ `: " C '--; � etit �, Cj TCS TOWN OF ITHACA NOTICE OF PUBLIC HEARING NOTICE is hereby ' given that = t _ . .�ijQ` � ^ the Town Board of the Town of ILL L law pl ollI , ll. tom : Li Ithaca will hold a public hear- .. ling to determine the need and location of the South Hill Rec er �trot \- -- ----. .. --- - . --.- --- --- -- . __ . ._ . .- . ...: _ . ..c. ._. .— _. .. reation Trail , extensions , - - _ thereof, and appurtenances It - thereto, including necessary a o, c�.': Tom= � : SalGl OL'F� Al S „b�1 : DtK o . �sti?ed - '. - -- -. __ . ... grading, paving, cindering t.._.. �.. _._ .... . . _ F_. . ... s? ' ?� p p . . .. - - and other materials, as well I _. . . - • - - as the need for temporary P�. .� ^� LiC L, :-'� CICO :S lk true* easements on property adjo- cent to said Trail and on prop- —_ _._ - •_ -- - - -- ----- - - .- - - - - - - -" ' ert across which said Trail will be located, necessary for _ R'L F+' it+tlS� :v . _ SS '�at'+C _ -- --------- --- ------ purposes of construction; all ' ' of constitute a public ; _ Q project, porio acquisition f 1 r( . " --1• --J.--�—�- . --.._ .. _.-.... .. it 7. - -^ - .. ._. _..-- — - r to tion o e real roperty required ed for - the project. :. The hearing will be held on . August 7, 1989, at 6:00 p. m . at ' .. ._.� .- _ . .. ..- °_.. . . . . .. . - _ - .•... »_. . ._ . --_ - _._. - -_ the Town of Ithaca Town Hall , 126 East Seneca Street, Ithaca, • , • . •t New York. �' $ ( t`. _ :: =c ` C= Cj S _ _ III : ':° `�'� Q � - ---- -•-•• The purpose of the project is to :.t provide a recreation trail - in S,J he South 'Hill area o the - . . f Ithaca largely along the Town former Lehigh Valle Rail- road o g a oadarigi:t of Tway = over - C� _ . _ _ . _. . C.,, ... _ . . ..... ... ... :.. r certain adjacent properties in - eluding specifically lands owned by New York State a. - Electric 8 Gas Corporation .:._ . . _:._. . fit . rte, t... :�`•`,. . � .,., 1Y"� ... . I=, - . ��-- •---•- -. .. _ . ....,_ C.E } - ---- (Town of Ithaca tax parcels . . . f j ` ddStreett (a porf . N 54750 5 No . 22. 3, 51 - 1 2, a 48- 1 - 13) Dona - - baog� ( portions of of Sin- ' Lr .. . .. ... . ... .... .. .... ..—_—__ _ ...:. - » » .. - polrcels No . 53- 1 - 13, h541-723, j - // _ - �• C1"..^ ^C� t �!►r,?i: and 53- 1 -22. 1 ) and Therm , L = Inc. (all or a portion of City of ! Dp - _ ( Ithaca tax parcel No, 91 -4- 1 F " JEAN F � 1?� Town of Ithaca tax pacels No. j. : , ,. E_ S4 2 1 5 ' 4 1 , and 53 1 12)' Notary Public, State OI NeW YOf� There currently are no alr No. 4654410 • - •. the projecotoAlldpersons having' j t ' ect are ' . '. Co an interest m he ro r I Qualified in �omPk p ln5 invited to attend the �eoring to give oral or written I. Of(ifi115510ft 2X�IferSay-31y statements and to submit oth ` N er do currents concerning the s proposed public project. ` Jean H . Swartwood j - Town Clerk July 29, 1989 -- - -1.l.f oll fol If ry - - - _ • j . . - ^ , - ' i{ IZ _. - . . . . y . , A IDA177 Of W&LI ATION — �.: TH E-. I T H A C 4& OURNAL - ...... . . ... . - . ... . . .. . . _.. . .. . C '=1 • u�:.. , d �es ►s . TOWN OF ITHACA . . ' . � . ♦ 1 � ,r� y ^ L � . h � i �� .�. LL : .K % 10 IL,;, _, NOTICE OF PUBLIC NEARING >� = 14 N1 + � . , LEASE TAKE NOTICE, -that .the: own 'Board •of'• the •Town of? .. . 1 � rr ii !! -- • � thaca will meet and conduc't . 2. �i2i - ac 1S �� I a Cr`_ — . _�_. ..—_. — – -- _– •— °- - _ _ .._ . . _ . .. .. _ .. 98ublic hearing`.on' August'7, 9, ' ' or, '6:30„ P. M.; - •at ,thee C7C T$Z I: StiCA O� XNA.L E .:tiJ�.t _ fl! �► o ^r` @a ? l tiyl�� Town H 1;: 126 East Seneca i' ' ._ ' Consider tomend ng Local kL w to # -- : ^ 3 `t.S.i` -MK7tCe74 ' Ct Mvli ^.� tax a-+ nexe 11 i true ' - -' — 9 7, a local low : for �^ 1 2 � L E . . . ' �D :� d Plh n a onagem mt, and Flood - onlsain favors of or a ear 'ose9to Fi a adoption of soid amend- Will m _ ent . .•� C 'Jean, H.. Swartwood To n Caerk . Y- ,_ . . . Jul : . _ . 29, 1989 w ;. r . . ' .�. . ' v tL. c ._ .... . ..... ... ... . ..._.._. JEAN- FORD. . ._. . E Notary .Public, Stet2 bf New York •No. 4054410. Quefified in Tompkins County f Commission - ez Ires'1V�a 19i a. - - - a . _ j _