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HomeMy WebLinkAboutTB Minutes 1989-11-11 TOWN OF ITHACA
REGULAR TOWN BOARD MEETING
November 9 , 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 9th day of November , 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 Ozolins , Highway Superintendent
John Barney , Town Attorney
Erik Whitney , Assistant Town Engineer
Susan Beeners , Town Planner
Andrew Frost , Building
Inspector/ Zoning Officer
Bruce Rich , 253 DuBois Road
Lynn Rich , 253 DuBois Road
Beverly Livesay , Board of
Representatives
Harrison Rue , 564 Elm Street Ext .
Edward Hallberg , Deer Run
David Auble , 250 Troy Road
Ruth Mair , 103 Judd Falls Road
Josh Israel , 141 Burleigh Drive
Karl Niklas , 1005 Danby Road
Ed Cobb , 1005 Danby Road
Peter Hillman , 370 Stone Quarry Road
Lydia Hillman , 370 Stone Quarry Road
David Cornelius , 109 Farm Street
Bruce Brittain , Forest Hone Drive
Barbara Cotts , 115 Northview Road
Representatives of the Media :
Christen Graham
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
Supervisor ' s Report
Supervisor Desch stated that the Town had received the Sales Tax
revenue payment today which probably reflects the benefit of having
the Empire State Games here . It is about $ 20 , 000+ higher than
similar quarters in the previous years . The total amount was
$ 362 , 000 . He went on to say that the bids were opened on the west
Hill Fire Station sanitary sewer and were very pleased to get
excellent: bids . The lowest being from Paolangeli Construction of
Town Board. Minutes 2 November 11 , 1989
roughly $50 , 000 and we look forward to that being awarded in the
next couple of weeks . He noted that this was a joint City/Town
sewer so it will actually be awarded by the City .
Town EngirLeer ' s Report
Assistant Town Engineer Erik Whitney stated that status of the
Inlet Valley water/ sewer project mapping people have the topo maps
generated and we should have the map next week and then will begin
design work on that immediately . With the current staffing he
estimated last winter early spring next year for bidding on Phase
I . He went on to say that the East Shore sanitary sewer is 100 %
complete and everything is satisfactory . The right-of-way
acquisition for the Tr unansburg Road sanitary sewer is complete
except for two people and he did not anticipate any problems . The
Northeast sewer infiltration/ inflow study has been narrowed down to
2 , 500 feet that should be TV inspected . Park Lane , the road has
been cut to final grade and will be left over the winter to settle
before the surface goes on next spring . The embankments have been
seeded for erosion control .
The Assistant Engineer went on to say that there are two additional
resident problems which he wished to discuss with the Board to get
permission to go ahead and resolve them next month . He stated that
they had estimates on both of them and both are for drainage work
created by past Town projects which need to be resolved . Bruce
Rich , 253 DuBois Road , who is in attendance tonight and has
pictures . He went on to say that ever since the sewer line was
installed along DuBois Road he and two of his neighbors have
experienced wet basements and wet yards to the point where Mr . Rich
has to carry water out in buckets and mop the basement . We did ,
earlier this year , try to place two check dams on laterals that
could be conveying the water across his property , it appeared to
work at first but then was unsuccessful . We have two options right
now . He stated that he had asked the County to clean out the
ditches which may help the problems but if not , he would like to
have permission to go ahead and have 160 linear feet of drain tile
installed along the sewer main to relieve the water pressure . The
sewer is on bed rock and it may or may not solve the problem but
since the problem started when the sewer went in he felt the Town
was obligated to try something . Mr . Whitney stated that the cost
would be between $3 , 000 and $ 4 , 000 . He also noted that Ed Austen
had corn fields out in the back and the volume of water is great
enough that is it flowing through the corn field and stunting the
growth for about a quarter of an acre .
Supervisor Desch asked what the solution to the corn fields was ?
Mr . Whitney replied , other than laying drain tile to relieve the
pressure along the sewer line he did not see any other solution .
He went ort to say that this may or may not work .
Supervisor Desch asked if the 160 foot of drain pipe would
potentially relieve the pressure enough to relieve for both the
Rich and Austen problem .
Mr . Whitney replied that it was possible . It ' s about really the
only thine we can do , it ' s a shot in the dark .
RESOLUTION NO , 285
Motion by Supervisor Desch , seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the construction on a temporary easement , the
Town Board Minutes 3 November 11 , 1989
installation of 160 feet of drain tile at a a cost not to exceed
$ 3 , 000 , and
FURTHER BE IT RESOLVED , that the installation be subject to
obtaining appropriate legal authority to install same on the
property .
(Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
The Assistant Engineer went on to say that on the other side of
Town there was another Rich , a Sarah Rich at 103 Kendall Avenue .
There is a catch basin that brings the water across and into her
yard and it is a virtual swamp . The pipe ends about half-way down
her property line in her back yard and then it goes about 75 ' into
a culvert underneath Therm ' s parking lot . We don ' t have a drainage
easement there now but he understood from Larry Fabbroni and Robert
Flumerfelt and Sally Olsen that they all thought it was a Town
problem and all guaranteed her action . It will cost between $ 1 , 800
and $2 , 000 to install 15 " metal pipe to solve the problem .
Supervisor Desch remarked that this was an old problem and that he
had looked at it with Sally Olsen . There are a lot of problems
with things like these with trees over growing , common boundary
lines and depositing of materials . He stated that the problem he
would caution the Board on is that you are dealing with a potential
precedent . It is totally unlike the situation that we just talked
about . It probably would effect two properties , you probably can ' t
stay on one side and do it right . He cautioned the Board that if
they decided to do it be prepared because they would be deluged
with hundreds of similar requests .
Highway Superintendent Ozolins stated that when Robert Flumerfelt
was here he took a look at it and his concern was that he did not
want to put Town equipment in there because once he gets a piece of
equipment over there it ' s going to be a never ending problem , like
over on Elm Street by Doria Munch . He went on to say that if the
Board does authorize it he does not want to put his equipment in
there .
Supervisor Desch remarked , you would contract it?
Highway Superintendent Ozolins replied , yes . It might be cheaper
initially but there is the potential that we are going to be back
over there and back over there again , an ongoing problem .
Councilman Klein remarked that he could not quite visualize what
was being described .
Supervisor Desch replied , it is very difficult . It ' s basically a
low spot in Pennsylvania Avenue where the water both goes into the
underground drainage system and tends to feed across at that point .
There is a kind of mini hedge that is over grown so it doesn ' t have
a direct course to go down through the two property lines so what
you have to do is create one . The old pipe that is there stops
pretty much about the front line of the houses . What is proposed
is to correct that pipe that is there and continue to pipe along
the common boundary line until it is beyond any structures and then
the water would go into the Therm parking lot drainage system . You
would be extending the pipe on to private property about 651
.
Councilwcmm Raffensperger asked , did we cause the problem? Is the
old pipe ours , is the basic drainage system ours ?
Town Board Minutes 4 November 11 , 1989
Supervisor Desch replied , it ' s like a typical culvert under the
road except you are dealing with a road that has been there a
hundred years .
Councilman Whitcomb remarked , there must be dozens of instances
throughout. the Town where water is coming under the road and
running on to scmeones property . From there on it is normally
their problem .
Supervisor Desch replied , there are many . The Supervisor
encouraged. the Board members to look at it and it could be
discussed at the next meeting .
Highway Superintendent ' s Report
Highway Superintendent John Ozolins stated that the two costly and
time consuming maintenance items were the brakes on the loader and
truck # 4 which had to be done at Crispell ' s . On road maintenance ,
we put in a check dam and weeper on West Haven Road because at the
intersection of West Haven and Elm , we ended up cutting down to the
sewer trench and putting two 4 " PVC pipes in there in a drain bed .
He went on to say that on West King Road , the stretch that the Town
got from the State , was never added into the mileage inventory and
will be included in the next inventory . The grant that he applied
for back in May has been approved by the State . There will be a
demonstration of the soft ware for the Public Works Committee on
the 16th . On Monday we will start the brush and leaf pick up , we
have everything all set on that and have built boxes for the pick
ups . Also , he hoped to install guard rails on West King over by
the caretakers residence . He stated that he planned to use the
Chips money and depending on how much is left , he was also looking
at a couple of other areas to install guard rails before the end of
the year .
The Parks Department has completed the Forest Home Walkway and have
been getting the parks prepared for winter . The Parks Department
will be involved in the brush and leaf pick up .
Report of Building Inspector/ Zoning Officer
Building Inspector/ Zoning Officer Andrew Frost reported that 17
building permits had been issued for the month , three single family
homes , two permits for alterations , four permits for additions .
Twenty certificates of occupancy were issued . Eight complaints
were investigated . Mr . Frost noted that 72 field visits were made .
He noted that Maplewood Housing has been on line with their
schedule that was set in the letter from Attorney Barney to
President Rhodes . We may have problems with getting approval of
their plumbing by November 15th , as the waste lines are not holding
air . The Chamber of Commerce has been scheduled to appear before
the Planning Board on November 22nd . They have submitted
everything to the Planning Department .
Report of rCbwn Planner
Town Planner Susan Beeners reported that there had been one
Development Review meeting since October 3rd , which is attached to
her report ,, indicating the outcome of those projects . We have also
had several Comprehensive Planning Project reviews , the
Subcommittee met and forwarded on the review report and executive
summary for the Planning Board to review . There was a request for
payment which is included within the Warrants for a second payment
with a third one remaining . An addendum will be prepared by the
Town Boarc[ Minutes 5 November 11 , 1989
consultants after the November 14th public hearing . There will be
an opportunity for written comments on the review report to be
submitted to the Town and the consultants by November 17th . The
consultants will suh mit their comments on the public hearing and
any clarifications that might be requested and if there is a need
for them to modify any of their recommendations based upon what
they hear ., Following the public hearing , the Planning Board , on
December 5th , will consider transmitting the report to the Town
Board with priorities . She stated that she had met with the
landscape architects for Maplewood housing and they will get her a
planting schedule and revised planning plan . It has been
discovered. that there is a building on the Maplewood housing site
that was supposed to be moved located in a proposed play area . She
stated that she had talked to Andrew Frost about it and he stated
that Cornell would have to cane in with a site plan modification .
Supervisor Desch asked what Cornell wanted to use the building for?
Town Planner Beeners replied , for storing furniture and maintenance
type of equipment .
Mr . Frost noted that Cornell was not exactly sure if they wanted to
go back to the Boards .
The Planner noted sane questions from the neighbors about the Deer
Run park site . It looks like we will be able to have a
neighborhood meeting to explain what the proposed improvement
schedule is . With some grading , weather permitting , in December so
they can settle over the winter and have a play structure installed
some where between May to July .
George Frantz , Assistant Town Planner stated that he had been
working with an informal group of County staff , himself and Cornell
staff on the McTrans system to help each other along and discuss
various problems with the system . Also , they are trying to set up
some sort of organization where by sane of the changes which are
being made to the system , especially the road network , are recorded
and sent to a central location so that everybody has the changes .
He went on to say that on the South Hill Recreation Way the
original design was for a six foot wide cinder path , since then we
have found out that the DEC would have to make a determination that
use of the cinders would not create an environmental hazard . When
they first discussed it with DEC they saw no problems with granting
us the use of cinders , however , now they have stated in writing
that they would like to see proof that the cinders would not harm
the environment . This would entail a lot of lab tests and
documentation in order to prove to DEC that cinders would not leak
out some of the heavy metals that are in them . We are recommending
that instead of cinders we use a 3 " surface of crushed stone which
would then be seeded to grass and then to delineate the 6 ' wide
trail surface the Parks Department would mow it once a week .
Supervisor Desch asked for estimates of the cost of increased
maintenance .
Assistant Planner Frantz replied that he had cone up with costs in
his memo and that it was going to be more expensive on a per foot
basis than cinders but overall he did not expect it to be anymore
expensive because there were several thousand feet of the roadbeds
already have sort of a gravel base and it would only be a matter of
regrading them and seeding them to grass . At least half of the
road bed iS now composed of cinders already .
Supervisor Desch remarked that anything that might have been in the
cinders originally has already , long ago , leached out .
Town Board Minutes 6 November 11 , 1989
REPORT OF COUNTY BOARD OF REPRESENTATIVE
Beverly Livesay stated that she would like to thank the Town for
going ahead with the leaf program . She went on to say that
regarding the request of the Town for the County to help with the
purchase of the leaf equipment , the Committee felt that since the
City provides this service for their people and since the Town of
Ithaca had purchased equipment for the Town of Ithaca people the
best thing would be to keep the County out of it and then if the
Town of Ithaca wanted to rent the equipment to other Towns it
could .
Supervisor Desch asked Mrs . Livesay to have Kenneth Tillapaugh give
the Town something in writing , so the Town knows there they stand .
Mrs . Livesay agreed to do this .
Mrs . Livesay went on to say that there was a lot of
misunderstanding over the County ' s disposal fee . It ' s not as muddy
as it looks although certainly there are things to be resolved .
The idea behind the disposal fee besides helping to pay the big
costs for disposal , is the idea to make people financially
responsible for things they throw away . The bills that Collins
sent out do not reflect the County ' s position at all . Mr . Collins
bill reflect a 150 % increase and say up to six cans of garbage .
This is not the message the County is trying to send at all . The
tags system that we are developing is geared to be about an $ . 85
for 32 gallon or about 40# bag of garbage . You will pay per can or
bag about $ . 85 . Then , whatever Collins charges to haul it needs to
be identified by itself .
Supervisor Desch remarked , so Collins will have to send out new
bills .
Mrs . Livesay replied , he had better . Everybody should be advised
Just to not pay , that . He has been involved in this all the way
along and :he was advised this was not going to be the system . The
County ' s Board of Public Works Comnittee is of course concerned
that there not be rip off rates for haulers while hiding behind the
County disposal fee . The system has to be refined , but the County
will cause all the tags to be printed and will probably have the
name of the individual haulers , the County will provide these to
the haulers at no charge , the haulers will then sell them to their
customers . You can buy a years supply or whatever and if you run
out you can purchase more . How Collins will pay is when he drives
his truck across the scales at the landfill then he will pay the
per ton charge .
Mrs . Livesay asked about the Burns Road abandonment which the
County had scheduled a public hearing for at the next meeting , she
asked if this was something the Town was asking the County to do ?
Supervisor Desch replied , we on behalf of the City in one sense as
part of the agreement to relocate Burns Road and cones directly
from the Town . He stated that he had talked to Ward Hungerford
about how the City would be maintaining it and using it . They need
it for access to the police range and the silt dam when they need
to dredge :it . They will maintain whatever access they need .
Mrs . Livesay stated that the public hearing had been set for the
first December meeting .
Mrs . Livesay went on to say that the Human Services Coalition would
appreciate having a representative from the Town , they meet the
fourth Friday from 8 : 00 A . M . to 10 : 00 A . M .
Town Board Minutes 7 November 11 , 1989
Councilman McPeak remarked that he had proposed at the last meeting
and that lie would like to ask Mrs . Livesay if she felt it was time
to bring the garbage haulers under a kind of franchise or some kind
of a situation where they are responsible to the Town or the
County? Right now there is no place for people to get any
satisfaction if they have a complaint . This is a good example and
he felt it. should be on the County level .
Mrs . Lives.ay replied that it had been discussed at the Public Works
Committee a little bit because we are very concerned that we don ' t
have a situation where the haulers are able to gang up on people .
Councilman. McPeak replied that a good example was the Town ' s
discussion with the Cable company and they have now realized there
are things that they have to do and he felt the same thing should
apply to the garbage haulers .
DEED RESTRICTION FOR DEER RUN PHASE III
Supervisor Desch noted that the Board has had the restrictions in
various draft forms in front of them for quite a while and asked if
anyone had any comments .
Town Attorney Barney replied that he had several comments . He
stated that as he understood it , in paragraph one in the "Land
Use " , the density of Phase III was determined based on the
assumption that the lots were going to be single family lots . He
asked Mr . Hallberg if there was any objections to putting in there
the restrictions indicating that they will be single family homes
and not two family homes . He then asked Mr . Hallberg if he had any
objections to defining family in a somewhat more restrictive way
than we are probably able to define under the law?
Mr . Hallberg replied you tell me , what is it the Town considers as
a family i--his week ? Mr . Hallberg replied that this was alright
with him . In the Townhouses he stated that they restricted the
number of unrelated people to the number of bedrooms and he would
like it to say something like the number of bedrooms as originally
built so that someone could not convert a basement into bedrooms .
The Town Attorney went on to say that in some of the subdivisions ,
however , it is usually in attached building the Town has had rent
restrictions . These are basically single family homes on
individual lots where the owner is going to own the lot as well as
the building . He did not know if the Board wanted it here and he
did not think it had been required in any other similar
subdivision .
Councilwcma.n Raffensperger replied , that the Town has never had any
restrictions on any other similar development .
The Town Attorney noted there was no language for modification of
the restrictions .
Mr . Hallberg replied that he would entertain any language the Town
Attorney wanted to put in .
Councilwoman Raffensperger asked if this reflected the sense of the
Planning Board?
Town Attorney Barney replied that the only comment the Planning
Board had has been incorporated into this and this was in paragraph
7 and they wanted to limit it to no more than one domestic pet .
Mr . Hallberg replied , one domestic mammal .
Town Board Minutes 8 November 11 , 1989
RESOLUTION NO . 286
Motion by Councilman MCPeak ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the deed restrictions for the Deer Run Subdivision - Phase III as
amended .
(Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye! . Nays - none ) .
Town Planner Beeners asked the Town Attorney to explain the
occupancy restriction and was that something the Planning Board
looked at and what was the reason behind it .
Town Attorney Barney replied no , the reason was the cluster
relationship . Its a smaller area and he felt it had always been
presented as being single hones .
Councilwoman Raffensperger remarked , is this cluster then ?
Town Attorney Barney replied , it is cluster he thought . They are
smaller lots .
Councilwoman Raffensperger replied , then actually there has been a
restriction on cluster occupancy .
Town Attorney Barney replied in the rental he did not think there
had been when it was detached houses .
Mr . Hallberg replied that the Townhouses are technically clustered
because they sit on individual lots but they are also attached .
Town Attorney Barney remarked that he was not aware of what had
been done when they were detached .
Town Supervisor added , for example Grandview .
Building Inspector/ Zoning Officer Frost remarked , Grandview has
specific restrictions to no more than two unrelated . Woolf Lane
has none , they are detached .
Supervisor Desch remarked that there were no rental restrictions .
RATIFY SEWER TV AGREEMENT
RESOLUTION NO . 287
Motion by Councilwoman Raffensperger ; seconded by Supervisor Desch ,
WHEREAS , the infiltration/ inflow study of the Northeast portion of
the Town performed this summer identified portions of the Sanitary
Sewer Network as needing further inspection to identify areas
requiring repairs , and
WHEREAS , the Town of Ithaca Engineering Department distributed a
Request for Proposal for the video inspection of two areas of
concern , and
WHEREAS , Pickard and Anderson was the lowest qualified bidder ,
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of
Ithaca ratify and hereby does ratify the award of the contract in
the amount: of $ 21 , 000 for video inspection of Priority I and
Town Board Minutes 9 November 11 , 1989
Priority :II areas of the Northeast sewer system , as shown in the
Request for Proposal dated September 20 , 1989 , to Pickard and
Anderson .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
1990 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION
PRELIMINARY BUDGET
Proof of posting and publication of a notice of a public hearing to
consider the 1990 Southern Cayuga Lake Intermunicipal Water
Commission Preliminary Budget having been presented by the Town
Clerk , the Supervisor opened the public hearing .
Supervisor Desch noted that the budget has been adopted by the
Commission. , the Town of Ithaca ' s role is to hold a public hearing
as agent for the Commission and where appropriate make changes or
recommend changes and refer back to the Commission .
Councilwoman Raffensperger stated that she had the same question
that she asks every year and that was that she had been assured
that the Bolton Point Commission would at some point begin changing
their sliding scale for water rates which advantages big users .
She asked if they had started doing that yet?
Supervisor Desch replied , with the new computer program the staff
did a run about three months ago and the spread of usage did not
bring about a shift that would be worth pursuing . The problem with
that was that the first run was not for the Town of Ithaca but was
for Cayuga Heights and the two Lansings so it might not be
representative of our particular situation . What we were looking
for were two things , one totally collapsing the schedule and
secondly reducing the minimum bill at the lower end . That ' s an on
going process and he expected they were about a year away from
having numbers that would be meaningful enough to suggest it can be
done .
As no one else wished to speak for or against the proposed budget ,
the Supervisor closed the public hearing .
RESOLUTION NO . 288
Motion by Councilman MCPeak ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adopts
the Southern Cayuga Lake Intermunicipal Water Commission
Preliminary Budget for the year 1990 as the final budget for the
fiscal year beginning January 1 , 1990 . (Copy attached) .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and WhitcaTIb
voting Aye . Nays - none) .
BUDGET TRANSFERS
Supervisor Desch noted the Board had a copy of the intrafund
transfers which are all within the Highway Department to cover
needed revenues within a particular part of the budget . He noted
there will be more as the year is wound down .
As no dollar amounts were included on the list of budget transfers ,
the general consensus of the Board was to wait until the December
meeting to take any action on this item .
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Town Board. Minutes 10 November 11 , 1989
CHASE POND BY-LAWS
Town Attorney Barney stated that he has reviewed the by-laws with
Attorney Salk after he first read them and made a number of changes
and he has just supplied him now with the modification which the
Town Attorney stated he had suggested . The Town Attorney noted the
by-laws were typical of what the Board had seen with the Black Oak
Lane and Commonlands .
Councilwoman Raffensperger asked if there was a matter of
particular interest or difference to the Board as reflected in the
Town Attorney ' s review or the Planning Boards review?
Town Attorney Barney replied that the Planning Board reviewed them
and approved them , but he did not particularly remember
specifically . They reviewed an earlier version .
Mr . Salk remarked that there were particular comments by the
Planning Board and they have been incorporated in the revised 10 / 20
one and then Attorney Barney ' s comments were incorporated into the
latest edition .
Town Attorney remarked that they have many of the provisions that
we like to see , there are some rental restriction , occupancy
restrictions .
Councilwoman Raffensperger asked on what page were the occupancy
restrictions ?
Attorney Salk replied , page 21 of the proposed declaration and
covenants conditions , Article 12 , section 1 at the very end . At
the Town Attorney ' s request we have added in " in any event subject
to single family dwelling ordinance and added that in any event the
number of unrelated persons allowed to live in any development will
be limited to three " . The apartments on the Carriage House units
would be separate dwellings .
Councilwoman Raffensperger asked if this was being added?
Town Attorney Barney replied yes , it is being added . He went on to
say that he had just received the description of the common areas
and that the had not had the opportunity to review them . There is
a reference to a schedule "A" which is a description of the entire
site and schedule "B " is the common area . If the Board takes
action on this he stated that he would like to kind of condition it
on his taking a look at it to make sure we have the common area as
we understand its
Councilman Whitcomb asked if this was like a homeowners
association?
Town Attorney Barney replied , it is a homeowners association .
Councilman Whitcomb asked , how is maintenance of the common areas
financed?
Town Attorney Barney replied , by assessments to the individual lot
owners .
Councilman Whitcomb asked , decided by the Board of Directors ?
Town Attorney Barney replied , yes . The Board of Directors is
basically -the developer for a specific period of time , after 40
units are sold one of those directors must be from the people ,
after 80 units are sold two of the directors must be from people .
What we have here is after ten years , in any event , the unit owners
Town Board Minutes 11 November 11 , 1989
have to elect all three directors . He went on to say that ten
years struck him as being a little long . He thought other
developments were five year period .
Councilwaman Raffensperger asked if the Chase Farm residents were
also included in this ?
Town Attorney Barney replied , they are not at the present time .
The original concept was for a community non-profit organization
which you could voluntarily join and then that would have or could
have included people in addition to the Chase Pond . This is , as it
is drawn now, a Chase Pond Homeowners Association .
Councilman Whitcomb questioned page 21 under leasing , "renting or
leasing by lot owners other than the developers is restricted to 24
months in any 60 month period" . He asked if there hadn ' t been a
lot of discussion about that at the Planning Board . In other words
if they don ' t sell they can be rented .
Attorney Salk replied that he thought that was correct and they
intended to take it out . It was an oversite on their part and they
would remove it .
Supervisor Desch remarked , take out the words "other than the
developer " , right?
Attorney Salk replied , correct .
Town Attorney Barney asked the Board to go to page 6 of the
by-laws , the composition of the Board of Directors
1990 TOWN OF ITHACA PRELIMINARY BUDGET
Proof of posting and publication of a notice of a public hearing to
consider the 1990 Town of Ithaca Preliminary Budget having been
presented by the Town Clerk , the Supervisor opened the public
hearing .
Supervisor Desch remarked that the budget figures are those that
came out of the special meeting in October . Those numbers did not
change any tax rates , they did shift around the appropriations and
add and subtract in some cases . He asked if anyone had any
questions ?
Cathy Valentino , 110 Eastern Heights Drive stated that she had a
question on page 25 and 26 , the water bond payment pages . She
noted that on several of the bonds or CD ' s , she did not know which
they were . ,. . . . . .
Supervisor Desch replied , they are all bonds there are no more
BAN ' s at the moment . All of the Town ' s borrowings at this point
have been permanently financed .
As no one else wished to speak for or against the proposed budget ,
the Supervisor closed the public hearing .
Councilman Klein asked about the increase in sales tax revenue . He
asked if this would be reflected in this budget ?
Supervisor Desch replied no , that will just be rolled over into the
general fund balance and will make the surplus larger than it was
last quarter .
RESOLUTION N0 . 289
Town Board Minutes 12 November 11 , 1989
Motion by Councilman Whitcomb , seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adopts
the Preliminary Budget for 1990 as the final Budget for the fiscal
year beginning January 1 , 1990 . ( Copy attached to the minutes ) .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
CHASE POND BY-LAWS
Town Attorney Barney continued discussing the Board of Directors
saying the developer is a member . The concern has been in prior
arrangements of this nature that at some point , even though the
developer is a member and by virtue of being a member the developer
by having still a larger number of lots than they are sold would in
effect control the selection of the board . The developer
surrenders that right and it basically says that the board of the
Homeowners Association becomes the board selected totally by the
homeowners .
Attorney Salk replied , so you would like to have language in there
so that no matter what happens the maximum number of years is five
years . He felt this was consistent with the way the developer veto
which is only five years .
Town Attorney Barney noted that the by-laws allow amendment by the
Board of Directors only , he stated that he would like to include
the Town Board in this .
Attorney Salk agreed .
Councilman Klein questioned if the Planning Board recommends the
approval of the by-laws ?
Town Atton:ey Barney replied that he did not want to suggest that
they were reviewed in great detail , they were looked at , commented
on but not intensively .
Councilman Klein asked if there was a recommendation from the
Planning Board?
Town Planner Susan Beeners replied that the Planning Board did
grant certain types of approval for this project , however , she was
not at the meeting but had passed on comments on the deed
restrictions , or whatever it was to the applicants . She went on to
appears it is generally
�� she wanted . . . . . . it a g Y
say that she guessed PPe
consistent in what she was asking about before she went away . She
went on to say that she did want to ask , as she did not have the
minutes , whether the Planning Board had discussed at all , on page
22 where if special trails were developed for motorized types of
recreational vehicles , was there any discussion or is this leaving
open something that is likely to occur , is there any hazard in
having that in there ?
Town Attonney Barney replied that he did not think there was any
discussion by the Planning Board .
Supervisor Desch replied that it seemed like it was covered by the
wording that is there , unless he was missing what the Town Planner
was talking about .
Town Planner Beeners replied that her comment in her September 26th
correspondence to Jim and Harrison was that it was presently
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Town Board Minutes 13 November 11 , 1989
assumed that no special trails would ever be developed for
snowmobiles or motorcycles on that specific property and she was
wondering if having that possibility in here leaves open any hazard
in the language as they have it .
Attorney Salk replied that the reason for putting the restriction
I
n in the first place was because they didn ' t want snowmobiles .
Supervisor: Desch replied , the words are except for special trails ?
RESOLUTION N0 . 290
Motion by Councilwoman Raffensperger ; seconded by Supervisor Desch ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the Chase Pond By-Law with the changes that have been made tonight
and with the understanding that the attachments be reviewed by the
Town Attorney and Town Planner .
(Desch , McPeak , Raffensperger , Bartholf , Leary and Klein voting
Aye . Nays - Whitcomb) .
PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND LOCAL LAW NO 21
1976 , BY INCREASING THE SURCHARGE ON WATER RATES AND CHARGES
PROVIDED F'OR IN SAID LAW
Proof of posting and publication of a notice of a public hearing to
consider it local law to amend Local Law No . 2 , 1976 , by increasing
the surcharge on water rates and charges provided for in said law
having been presented by the Town Clerk , the Supervisor opened the
public hearing .
Cathy Valentino asked why the increase was being proposed?
Supervisor Desch replied , to pay for the maintenance of the system .
As no one else present wished to speak on the proposed increase ,
the Supervisor closed the public hearing .
Councilw m Raffensperger remarked , so the change in the water
rate is really from 10 to 150 .
Supervisor Desch replied , if you have a $30 . 00 quarterly water bill
your current surcharge is $ 3 . 00 . If this goes into effect it will
be $4 . 50 , so it ' s a 5 % increase in the surcharge , not the water
user rate schedule at all . The sewer surcharge stays at 7 % because
the sewer maintenance budget is recovering sufficiently .
LOCAL LAW NO . 6 - 1989
Motion by Councilman Bartholf ; seconded by Councilman MCPeak ,
A LOCAL LAW TO AMEND LOCAL LAW N0 . 2 , 1976 , BY INCREASING THE
SURCHARGE ON WATER RATES AND CHARGES PROVIDED FOR IN SAID LAW
SECTION 1 . Local Law No . 2 for the year 1976 , adopted August 23 ,
1976 , as subsequently amended and as restated by Local Law No . 16
for the year 1987 , is further amended by deleting the last sentence
of the final paragraph of said local law and inserting instead the
following ::
"The surcharge shall be 22 % of the water rate charge , of which
Town Board Minutes 14 November 11 , 1989
15% is for repairs and maintenance of water lines and 7 % for
the :repair and maintenance of the sewer lines . "
SECTION 7 . This local law with the increased surcharge shall
become effective January 1 , 1990 .
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
Local Law No . 6 - 1989 , was thereupon declared duly adopted .
PUBLIC HEMUNG TO CONSIDER A LOCAL LAW TO INCREASE SEWER RENTS IN
THE TOWN OF ITHACA SEWER IMPROVEMENT AREA
Proof of posting and publication of a notice of a public hearing to
consider a local law to increase sewer rents in the Town of Ithaca
sewer improvement area having been presented by the Town Clerk , the
Supervisor opened the public hearing .
Supervisor Desch stated that the purpose for the sewer rate
increase is to provide for a major budget increase in the joint
sewer plant budget for the disposal of sewage sludge . A $ 40 per
ton tipping fee application has driven that rate right up so that
the sewer operating budget because of that has increased something
like $ 400 , 000 per year . The full impact of that is not shown in
here because our particular budget is over recovering sewer revenue
so that we can utilize surplus funds for part of that increase
rather than charging it through .
As no one wished to speak for or against the proposed local law,
the Supervisor closed the public hearing .
Councilman Klein remarked that the Supervisor , in his budget
message mentioned that we would know more about the fees by now .
Supervisor Desch replied , the only thing that we know is that they
won ' t go into effect until two months into the year but the rate
will be higher than the $ 40 per ton , so the effect will be the
same . We will have the advantage of collecting revenue slightly
ahead of the actual billing by the County for the sludge disposal .
Councilman Klein asked the Supervisor if he expected this amount
should carry it for a year?
Supervisor Desch replied , it should carry it at least until August .
in August you can expect another
If the new landfill is not opened gu y expe
big increase .
LOCAL LAW N0 . 7 - 1989
Motion by Councilman Klein , seconded by Councilman McPeak ,
LOCAL LAW NO . 7 - 1989
Town Board Minutes 15 November 11 , 1989
A LOCAL LAW TO INCREASE SEWER RENTS IN THE TOWN OF ITHACA SEWER
IMPROVEMENT AREA
SECTION 1 . Local Law No . 6 for the year 1986 , adopted December 8 ,
1986 , is hereby amended by adding a new sentence to paragraph 1
thereof so that paragraph 1 , in its entirety , shall read as
follows :
" 1 . Effective January 1 , 1987 , there is hereby imposed a
sewer rent payable by all users connected to the Town-wide
sewer system at the rate of $ . 77 per 100 cubic feet of water
consumed . Commencing effective January 1 , 1990 , such sewer
rent shall be increased to $ . 85 per 100 cubic feet of water
consumed . "
SECTION 20 This local law shall take effect January 1 , 1990 .
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
Local Law No . 7 - 1989 , was thereupon declared duly adopted .
BENEFIT ASSESSMENT REFUND
RESOLUTION NO . 291
Motion by Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
WHEREAS , after inspection by the Building Inspector/ Zoning
Officer ' s Department , it was determined that an apartment no longer
exists - in the property at 325 Forest Home Drive ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 62 . 00 for one sewer unit and
$ 64 . 00 for one water unit , total refund of $ 126 . 00 be made to
Richard F . & Ann Pendleton , 325 Forest Home Drive , Ithaca , New
York , Parcel Number 66-3- 7 . 2 , on their 1989 Town and County Taxes
which were paid February 23 , 1989 .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
1990 ASSESSMENT ROLL FOR SPECIAL BENEFIT DISTRICTS
Proof of posting and publication of a notice of a public hearing to
consider the 1990 assessment roll for water and sewer units having
been presented by the Town Clerk , the Supervisor opened the public
hearing .
As no one present wished to speak , the Supervisor closed the public
hearing .
Town Board Minutes 16 November 11 , 1989
RESOLUTION N0 . 292
Motion by Supervisor Desch , seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the water and Sewer Benefit Assessment Roll as presented .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
RENWICK HEIGHTS LIGHTING DISTRICT
Proof of posting and publication of a notice of a public hearing to
consider the 1990 assessment rolls and apportionments for the
Renwick Heights Lighting District having been presented by the Town
Clerk , the Supervisor opened the public hearing .
As no one! present wished to speak on this matter , the Supervisor
closed the public hearing .
RESOLUTIOIJ N0 . 293
Motion by Councilman McPeak , seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the assessment rolls and apportionments for the Renwick Heights
Lighting District for the year 1990 , and the budgets related
hereto .
(Desch , Mc Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
FOREST HOPS LIGHTING DISTRICT
Proof of posting and publication of a notice of a public hearing to
consider the 1990 assessment rolls and apportionments for the
Forest Home Lighting District having been presented by the Town
Clerk , the Supervisor opened the public hearing .
Bruce Brittain stated that he had questions about the Forest Home
Lighting .District . He asked when should they talk to NYSEG and
when should they talk to the Board?
Supervisor Desch replied , in other words your questions are not
specific to the assessment roll or the tax rate ?
Mr . Brittain replied that there was a continuing question in Forest
Home as to where exactly the boundaries are and the fact that some
areas have no lights at all and at what point we would either
exclude those people from the lighting district or make sure they
get lights . Since we are continuing to get more houses in Forest
Hone are we building up a surplus of funds . Just basic questions .
Supervisor Desch replied , the answer to the last question is no , if
there is any fund balance that has accumulated we reduce the amount
of money that is raised the following year . The question about
lighting on Fairway Drive , if the people on that street are
interested in having lights then the first step is for NYSEG to
give us the cost of those lights and then we do a determination as
to what influence that has on the tax rate for the entire district .
Those properties are already included in the district and they are
paying for lights that exist in the rest of the district but which
don ' t serve them at the moment . Probably once the numbers are
Town Board Minutes 17 November 11 , 1989
available a petition would be circulated to increase the number of
lights in the district .
As no one else wished to speak , the Supervisor closed the public
hearing .
RESOLUTION NO . 294
Motion by Councilman McPeak , seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the assessment rolls and apportionments for the Forest Home
Lighting District for the year 1990 , and the budgets related
hereto .
(Desch , M(::Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
CLOVER LANE LIGHTING DISTRICT
Proof of posting and publication of a notice of a public hearing to
consider the 1990 assessment rolls and apportionments for the
Clover Lane Lighting District having been presented by the Town
Clerk , the Supervisor opened the public hearing .
As no one present wished to speak on this matter , the Supervisor
closed the public hearing .
RESOLUTION N0 . 295
Motion by Councilwoman Raffensperger , seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the assessment rolls and apportionments for the Clover Lane
Lighting District for the year 1990 , and the budgets related
hereto .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
aENSIDE LIGHTING DISTRICT
Proof of posting and publication of a notice of a public hearing to
consider the 1990 assessment rolls and apportionments for the
Glenside Lighting District having been presented by the Town Clerk ,
the Supervisor opened the public hearing .
As no one present wished to speak on this matter , the Supervisor
closed the public hearing .
RESOLUTION1 NO . 296
Motion by Councilman Whitcomb ; seconded by Councilwoman Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the assessment rolls and apportionments for the Glenside Lighting
District for the year 1990 , and the budgets related hereto .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
WINNERS CIRCLE LIGHTING DISTRICT
Town Board Minutes 18 November 11 , 1989
Proof of :posting and publication of a notice of a public hearing to
consider the 1990 assessment roll and apportionment for the Winners
Circle Lighting District having been presented by the Town Clerk ,
the Supervisor opened the public hearing .
As no one present wished to speak on this matter , the Supervisor
closed the public hearing .
RESOLUTION N0 . 297
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the assessment rolls and apportionments for the Winners Circle
Lighting District for the year 1990 , and the budgets related
hereto .
(Desch , M^Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
EASTWOOD CONMNS LIGHTING DISTRICT
Proof of posting and publication of a notice of a public hearing to
consider the 1990 assessment rolls and apportionments for the
Eastwood Commons Lighting District having been presented by the
Town Clerk , the Supervisor opened the public hearing .
As no one present wished to speak on this matter , the Supervisor
closed the public hearing .
RESOLUTION] N0 . 298
Motion by Councilman McPeak ; seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the assessment rolls and apportionments for the Eastwood Commons
Lighting District for the year 1990 , and the budgets related
hereto .
(Desch , M(:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
TRUCK # 3 REPLACEMENT
AUTHORIZE BIDDING
RESOLUTIONI NO . 299
Motion by Councilman Bartholf ; seconded by Councilman Whitcomb ,
WHEREAS , 'Truck # 3 needs replacement and specifications have been
written and reviewed by the Highway Superintendent ,
NOW r1T= 'ORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that the specifications be accepted and approve the bidding
of the trick and plow equipment separately or as a unit .
(Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
AUTHORIZE TRADE-IN
RESOLUTION NO . 300
Town Board Minutes 19 November 11 , 1989
Motion by Councilwoman Raffensperger ; seconded by Councilman
Bartholf ,
WHEREAS , Truck # 3 is a 1971 dump truck and has major rust damage
beginning to appear , and
WHEREAS , the repairs on the truck have far exceeded the original
cost of the truck . The engine is also beginning to fail as well as
constant minor repairs crop up after every other use of the
vehicle ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize that Truck # 3 be replaced and that the
vehicle be used as a trade in to lower the cash outlay for the
replacement vehicle .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
DATA ENTRI CLERK FOR JUDGE WALLENBECK
RESOLUTION N0 . 301
Motion by Councilwoman Leary ; seconded by Supervisor Desch ,
WHEREAS , Judge Wallenbeck has a continuing need for data entry
support to update and maintain the Court computer records , and
WHEREAS , Mary Ellen Schramm who was hired as one of two data entry
clerks is no longer able to provide such support effective October
31 , 1989 , and
WHEREAS , Susan Belles has the required experience necessary and is
able to begin work immediately ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby approves the appointment of Susan Belles to provide
support and data entry for Judge Wallenbeck at an hourly rate of
$ 7 . 00 /how- beginning November 1 , 1989 , and in combination with the
other data entry person will work no more than 15 hours per week .
The salad for this person will be paid from A1110 . 100 Justices -
Personal Services .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
ABANDONMENT OF SHARLENE DRIVE
Town Attorney John Barney stated that he had done some
investigation and that Sharlene Drive is a little stub of a road
that was never opened as a road and , therefore , doesn ' t really come
within the abandonment of highways laws . The first question is who
has title to it . It was deeded to the Town for highway purposes .
The person or outfit who deeded it to the Town was Stein Builders ,
Inc . , which appears from the Secretary of State ' s records to still
be in existence . The Town has two possible alternatives , one is to
deed it back to Stein Builders and let Stein Builders do whatever
they want with it or the Town could convey whatever interest it
has , which may be nothing , to whoever wants to buy it at whatever
price they want to pay . There is a procedure for doing that which
basically is to adopt a resolution authorizing a sale and
indicating the manner in which the sale will be conducted which
usually has to be done either by a sealed bid or a public auction .
That notice has to be published and is subject to permissive
Town Board Minutes 20 November 11 , 1989
referendum . If 5 % of the electors of the Town of Ithaca chooses to
request a referendum then we will hold a referendum on selling this
100 ' stria of land that we may not have title to .
FIRE PROTECTION CONTRACT WITH THE CITY OF ITHACA
Proof of posting and publication of a notice of a public hearing to
consider the Fire Protection contract with the City of Ithaca
having been presented by the Town Clerk , the Supervisor opened the
public hearing .
Supervisor Desch noted that the fire protection budget reflects the
Town ' s contractual obligations with the City and Cayuga Heights for
fire protection and are the results of calculations made by the
City Controller having to do with the fire department operating
budget , the initial debt retirement for equipment replacement and
the initial interest payments on the two new fire stations and the
renovations to the other stations . That contractually turns out to
be a precise number .
Chief Edward Olmstead stated that he had some comments . He noted
that they had provided the Board members with a copy of their
budget t sough the Board of Fire Commissioners .
Supervisor Desch replied that the Board had heard what the Mayor ' s
budget had in it for fire but they have not seen it .
Chief Olmstead replied that what happened with the Mayor ' s budget
and it wasn ' t just the fire department ' s budget but City wide , is
that by the time they balanced the revenues with the expenses and
working in something between a 5 and 6 percent increase in taxes
there was a total of some two hundred thousand dollars to go across
all the City departments . That staff of the fire department has
taken the numbers that we were given , and this time instead of the
Controller and the Mayor going through and picking out the things
they didn ' t want , they came back and said here is how much money
you have you go back and prioritize things in terms of where you
see the needs . The staff of the fire department has done that and
next Tuesday night that will be discussed at the Board meeting . It
stands right now that no where in the Mayor ' s budget were any new
personnel included for any departments . Quite frankly with the
money that is there , we took the approach that we had to take care
of those things that are going right now so in may cases they were
flat lined , there was no increase in the line items . We went back
and tried to fit things in where we could within the budget amounts
and even doing that there were some things that were tied into the
contractual increases , not only is there no room in the Mayor ' s
budget for new personnel there is no money in there to fund the
bunker program , there is no money in there to establish a volunteer
retirement: system , there is about a 50 % reduction in the money
available for improvement mostly in the physical examinations that
we have to pay to get people examined . There is also no room for
body maintenance on existing fire apparatus , that item has been
deferred for three years . He stated that he did not think that if
there was no move in the City budget to do any of those things that
he believed they all fell within the window which is established in
the contract and will not require a renegotiation of the contract
for anything other than the additional personnel and that would be
a specific: item .
Supervisor Desch replied right , and we have a hearing scheduled for
our December meeting .
Chief Olmstead continued , saying that City Council will deal with
the personnel issue on the 21st , full Council will vote on the
Town Board Minutes 21 November 11 , 1989
budget on. December 6 and the Human Services Commission , which is
half of Council , has recommended the joint municipal
recommendation .
Supervisor Desch stated that he would proceed to close the public
hearing and then he would give David Cornelius a chance to talk
about the overall issue because it won ' t effect this budget in any
event .
David Cornelius replied that he would like to have what he had to
say effect the budget .
Supervisor Desch replied , we can ' t because the public hearing on
the contract will have to follow on the City process which hasn ' t
come to a conclusion to the point where we could consider a change
in this budget . If it effects the tax rate for 1990 it will be too
late to do that once this budget is adopted and that also would be
in conflict with the joint City/Town Personnel Committee which
recommended not only the number of people but the things that would
be changed in the contract and that recommendation would also not
effect the 1990 contract . That has been endorsed by the members of
this Board in principal but not at a public hearing at this point .
Supervisor Desch then declared the public hearing closed and asked
if there were questions about the budget ?
RESOLUTION N0 . 302
Motion b,y Councilwoman Raffensperger , seconded by Councilman
McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the 1990 fire protection with the City of Ithaca and the Village of
Cayuga Heights .
(Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein , and Whitcomb
voting Aye . Nays - none ) .
David Cornelius , Chairman of the Board of Fire Commissioners stated
that he felt the Town and City had come a long way in cooperation
with the joint Town/City Committee on the problem of staffing
levels for the fire department . They came to the conclusion that
additional career staff was needed and that volunteer incentives
needed to be enhanced . And Cornell and Ithaca College needed to be
encouraged to do more to help offset the cost . The Mayor of the
City of Ithaca has determined that the City cannot afford the cost
of adding additional career personnel or a length of service
retirement program for volunteers or providing the funds for the
necessary equipment . He stated that he would like to suggest that
the Town Board consider offering to fund the Town ' s share of these
items in 1990 instead of waiting for the terms under the contract
if the City Council would agree to fund the City ' s share . The
extra career personnel would probably be used to insure that at
least two fire fighters be assigned to the two new Town stations
and the volunteer retirement program would be an incentive to serve
for a longer period of time . Pressure could possibly be put on
Cornell and Ithaca College to convince them they could possibly
donate turnout gear to equip the two bunkers in the new stations .
Supervisor Desch asked Mr . Cornelius if he was suggesting that the
Town modify the contract by changing the annual provisions instead
of extending the contract?
Mr . Cornelius replied that at this point , just on the specific
items that are being addressed by the joint committee if the Town
Town Board Minutes 22 November 11 , 1989
could see fit in their budget to fund their share of these
particular items we might be able to convince Common Council to
fund their share also . The extra personnel are needed to serve the
residents of the City and the Town and especially out in the Town ,
he did not like the idea of one person being assigned to those
stations so far from additional help . He went on to say that for
those persons who did not know, the State legislature just passed a
bill allowing municipalities to offer retirement to volunteers .
Many of us have worked very hard over the past three or four years
to set up a point system in volunteer ranks based on the number of
fire calls , training requirements and activities such as being an
officer . The point system was developed based on other states use
of point system in the retirement system . We all know the problems
in getting Cornell and Ithaca College to donate money but possibly
some of their interest might be in donating turnout gear which
would help in getting the bunker program started .
Supervisor Desch replied , the problem is we are getting confusing
signals from the City . The Board of Fire Commissioners approved
the recommendation of the joint City/Town Committee but that is
different from what you are now proposing . He asked if the Board
of Fire Commissioners amended the resolution which accepted the
recommendation of the joint committee ?
Mr . Cornelius replied , no .
Supervisor Desch continued , you are just putting this on the table?
Mr . Cornelius replied , yes . This is the basis of what the joint
committee recommended except that the Towns share would be funded
in the normal course of the contract .
SHA UiENE DRIVE
Supervisor Desch stated that the question before the Board was do
we want to dispose of it and if so , in what form? Auction or
sealed bic.i?
Cathy Valentino asked why this was being brought up after all this
time ?
Supervisor. Desch replied that the adjoining property owners wants
to acquire it .
Councilwoman Raffensperger remarked that the adjoining property
owner wants to purchase it because its not being maintained and has
become a mess .
Town Attorney Barney remarked that he would draw up a proposed
resolution outlining the terms of a sealed bid and the time they
would be received and submit it to the Board for action in
December . We can notify the lot owners on the other side and
behind so that we can make sure we have at least a bid .
AGREEMENT FOR USE BY TOWN COURT OF COUNTY SPACE
Town Attorney Barney stated that he had looked at the agreement but
he had some severe reservations with the insurance requirements .
Supervisor. Desch suggested this be an item for the December
meeting .
NET CONTRACT
Town Board Minutes 23 November 11 , 1989
Town Attorney Barney remarked that he had looked at the contract
and felt it was okay .
Supervisor Desch noted that it was a standard contract which the
Town has had with the NET for sometime .
Town Attorney Barney remarked that the contract that he looked at
did not :have the attachments of the schedule and the Town was
infact agreeing to this schedule of what services they were going
to provide .
Councilwoman Raffensperger asked if the Board could not approve the
contract subject to the attachments being provided?
RESOLUTIO14 NO . 303
Motion by Supervisor Desch , seconded by Councilman Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the ratification of the Northeast Transit contract subject to the
attachment of the schedule .
(Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
SEPTEMBER AND OCTOBER FINANCIAL REPORTS
RESOLUTION N0 . 304
Motion by Councilman Whitcomb ; seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the September and October financial reports as presented .
(Desch , M(-.Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
FOUNDATION PERMITS
Building Inspector/ Zoning Officer Andrew Frost stated that in the
course of reviewing building permit applications , a variety of
considerations cone into place from the standpoint of
specifications for the construction of the building , conditions
that might be imposed that we are trying to resolve , whether they
be letters of credit or whatever the case may be . The builders
will often cow to us with problems they need to be resolved
because they have masons lined up or the weather is dictating to
them exactly when they may be able to pour the concrete . So a
request will be made of our office to issue a foundation permit .
One real concern , when you entertain a foundation permit , is if in
the submission of plans for the project the applicant for the
building permits has not provided some kind of structural plan one
needs to know when you approve a foundation permit what is setting
on that foundation . So in no case do we ever issue a foundation
permit when there is question as to what is exactly setting on that
foundation . He stated that he would look to Councilman Klein in
his line of work to perhaps give us some information on the
difficulty of timing that is involved in a project . Foundation
permits are not uncotmonly issued around the state and it is
sometimes a mechanism to get people going for whatever variety of
reasons they have .
Town Board Minutes 24 November 11 , 1989
Councilman Klein replied that basically it was not unusual in many
municipalities to issue a foundation permit to accommodate the
user . It may be a contractor building something for an individual
or a company or , its not necessarily a developer of anything like
that . Projects are sometimes designed in phases on a fast tract
schedule in which obviously you start with the foundation and the
super structure and bid project in increments . Its really an
accommodation and obviously you don ' t necessarily have all the
information when someone cones in for a permit . But it is a
limited permit in a sense , since it is only a foundation permit .
Mr . Frost remarked that the requests are probably more valid with
the larger projects . So many people are involved that the
responsibility of these people do not always ccme together in a
timely fashion . It is not uncco mon , for example , for sprinkler
plans not to be altogether at the time they want to get something
going .
Supervisor Desch asked if foundation permits were issued for the
fire stations ?
Mr . Frost: replied , no . Technically permits were not required
because it was a municipal building .
Councilwoman Raffensperger remarked that it had been her impression
that when they have been asked for in the past it was primarily
because the person asking for the permit has not met all of the
requirements , for example , Planning Board conditions and while they
are attempting to do that they ask for a foundation permit . The
only thing that seems dangerous about that is that unless you are
willing to say to them you have to tear it out if you don ' t meet
the conditions then you shouldn ' t be issuing a partial permit to
anybody who hasn ' t met conditions of the Planning Board .
Town Attorney Barney replied that he thought you see them this time
of year with more frequency because people want to get into the
ground before they have all the requirements and they are afraid
the weather will close them down if they don ' t start the
foundation . He stated that he had trouble with them for that
reason because we don ' t have any legislative authorization and if
this Board chooses to sanction them he would recommend that we put
together an amendment to our regulatory language which deals with
the uniform building code which governs it to allow a foundation
permit but to also to provide for situations where they would be
allowed and to provide that if the permanent permit is not issued
within a specific amount of time the property must restore to it
original condition .
Mr . Frost replied that generally a foundation permit would not be
issued if there are stipulations and the Planning Board says prior
to the issuance of a building permit .
Town Attorney Barney added that the other time it cones in handy is
when the requirement needs to be reviewed and the staff or the
attorneys simply don ' t have the time to do it . The materials have
been submitted but we have not had the time to go over them and
react to them . we don ' t like to hold somebody up if they have
attempted to conply . Also , there is a workload at the Planning
Board level .
Councilman Whitcomb remarked that he felt the danger of issuing any
such thing is that the Town looses some control it has over the
project . It ' s like issuing temporary certificates of occupancy ,
you may have the power of making the person remove the foundation
if it doesn ' t meet specifications but he had not seen any will of
the various Boards to be that strict with builders or developers .
Town Board Minutes 25 November 11 , 1989
It also makes it more complicated for the people reviewing the
thing to make sure too that yes indeed all of the requirements have
been met . What if you say okay go ahead and build the foundation
and then you discover there is something missing on the site plan
approval that would require the foundation to be moved or altered
in some way . He felt it just made the whole process more
complicated than it is now .
PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING
ORDINANCE RELATIVE TO THE OCCUPANCY OF DWELLING UNITS
Proof of posting and publication of a notice of a public hearing to
consider a local law amending the Zoning Ordinance relative to the
occupancy of dwelling units having been presented by the Town
Clerk , the Supervisor opened the public hearing .
Karl Niklas , 1006 Danby Road stated that he would like to suggest
the rewording of one sentence that is repeated three times in the
document . On page 5 , item 3 , ( 2 ) , " a two family dwelling shall be
occupied by not more than two families " , he stated that he would
like to know if it would be possible to change that to " each
dwelling unit of a two family dwelling shall be occupied by not
more than one family" . The reason is simply that you may have one
of the two parts of the two family dwelling structure not
inhabitable for some reason or not rentable and the owner might be
inclined to say will he could get two families in this thing , in
the one dwelling unit . He stated that he did not think it would
change the spirit of what the Town Attorney intended .
Town Attorney Barney replied that he thought Mr . Niklas had a good
point .
Mr . Niklas went on to say that this occurs there and at the botton
of the page and it occurs on page 6 under number 7 , article 5 .
Mr . Niklas went on to say that under "Multiple Residence " shall be
occupied by no more than , ( a) one family or ( b) one family plus no
more than two boarders , roamers , lodgers or other occupants . He
stated that his real concern was about the two because a family by
definition is two unrelated people and , therefore , (b) would allow
four unrelated . He wondered if the Board might consider changing
that to one boarder , renter , etc . , etc . , because it seems like you
are having a doubling of two to four rather than two to three .
Supervisor Desch replied that the Board had had some discussion
about that. .
Town Attorney Barney remarked that he put in the number that he was
told to put in there . He stated that he felt the feeling was that
in Multiple Residence you don ' t need to be quite as tight with the
number of people occupying each unit and indeed there are some
Multiple Residence project like College Circus that are constructed
with the ithought of having four or five or even six people in one
unit , depending on the number of bedrooms . Whether they are going
to be able to qualify under this ordinance remains to be seen .
Mr . Niklas asked if that wasn ' t going to be grandfathered7
Town Attorney Barney replied , that ' s an interesting question and he
did not 'know but probably the Board should take the initial
position that no , they would not be grandfathered .
Mr . Niklas went on to remark that the Town Planning Board did put a
limit of 600 people in that entire project . He stated that he
understood'. the logic that MR can handle a greater density of people
Town Board Minutes 26 November 11 , 1989
but that didn ' t seem to him a compelling reason to go fran two to
four . You could go from two to three and still get a fairly large
density of people in an MR because remember a family is two
unrelated and that doesn ' t mean a minimum of four people under (b) .
You can have many more than four people . You would just simply
have four unrelated people . You still get a sizable density if you
were to change this to one family plus no more than one boarder ,
roomer , lodger or occupant .
Councilman Whitcomb questioned what happens if a person has an
existing multiple residence unit which has four bedrooms , for
example .
Councilwoman Raffensperger asked if there was still the square
footage requirement?
Town Attorney Barney replied , yes .
Mr . Nikla.s remarked that he was still trying to understand the
reason fo:r the two boarders rather than one .
Town Attorney Barney replied , the thought being that there should
be some areas in the Town where you can have quadruple .
Mr . Niklas asked if that shouldn ' t be left to the Town Planning
Board or the Zoning Board of Appeals ?
Town Attorney Barney replied no , the Board of Zoning Appeals has to
act on the basis of practical difficulties or unnecessary hardship .
He supposed there would be situations where you could have a
practical difficulty or unnecessary hardship but they can ' t just
walk in the door carte blanche and say modify the occupancy .
Mr . Niklas remarked that the suggestion he would make would be for
the Board to change this to one roomer , boarder or lodger or other
occupant with the understanding that you are then limiting it to
three unrelated people but not limiting it to three people . You
are still getting your high density if it is reasonably done by the
people who are renting their property .
The question was asked from the audience if , when you explore
various alternative living arrangement or house sharing by elderly
or elderly and students as a way to keep people in the same
community that they have been living in a situation like that where
one elderly person owned a house and chose to have up to two
roomers of whatever nature or gender , could that be excluded?
Town Attorney Barney asked , in a single family house ?
The reply was yes .
Town Attorney Barney continued , yes unless they occupied , ate
together and acted as a single housekeeping unit then they could
have the three together .
Peter Hillman , Stone Quarry Road stated that his question was in
terms of practicality of existing violations that are still pending
and when this thing is put into effect how do the two mess with
each other- and what about the places currently in violation?
Mr . Frost replied that depending on the actual specific occupancies
that are clear established violation which he suspected which are
basically four or more than four unrelated individuals that it will
be the responsibility of the property owners to go before the Board
of Zoning Appeals to show that they are a family and if not then
they seek the occupancy variance .
Town Board Minutes 27 November 11 , 1989
Town Attorney Barney remarked that he hesitated to respond since he
had litigated , a number of year ago , a situation where houses were
being constructed with seven bedrooms and the Town took a look at
it and said there will be seven students living in two units so
there were actually fourteen bedrooms in each house . The Town
thought it didn ' t sound very good and changed the law after the
person had gotten a number of building permits . We went all the
way up to the Appellant Division and the Appellant held that
because they have a vested interest in the construction he was able
to occupy the units as they were designed with seven people . Up to
the point: where he had building permits , those he tried to get
after and we had changed the law he was not able to get . He stated
that he hesitated to respond and wanted to go back and look at that
case because it was different and he was not ready to render an
opinion that he could stand on tonight on people who are currently
violating under the terms of this ordinance .
Councilman Whitcomb replied that it seemed like those instances
would be rare ,
Town Attorney Barney replied that there were four cases where we
now have problems . A current violation under the law is not
enforceable so that ' s the other problem . You are entitled to a
valid non--conforming use if you were legal before the law goes into
effect . They are not legal under our Zoning Ordinance but the
Zoning Ordinance may not be legal either .
Councilwoman Raffensperger remarked , but that hasn ' t been
determined either .
Town Attorney Barney replied , not our specific one but so close to
it . . . . . do we want to spend the resources to chase these people ?
A man in attendance asked why the Board was putting any
restrictions at all upon how many people onr can take into their
house ? He stated that he knew the usual arguments that they cause
trouble or they take too many drugs into the house , who knows what
else the reason might be but yet homeless being there in some
capacity if someone wants to take someone into their have in some
way or another why can ' t they , if they want to take in five or six ,
even if -there was a little more noise in the neighborhood or
whatever . Why can ' t people be a little more tolerant of that?
Supervisor Desch replied that he guessed the best answer to that is
that we have had a zoning law on the books for many years that sets
a standard or a threshold and what we are doing is amending that
threshold to be consistent with a constitutional determination . We
are really not breaking new ground in terms of restricting
occupancy for the first time , it is really an amendment .
The man replied that it seemed to be sort of a selfish thing in
trying to maintain a certain amount of people who can live in a
place and not leaving that up to the individuals rights .
Supervisor Desch replied that there was more to it than that , there
is the capacity and the welfare of the community .
As no one else in attendance wished to speak for or against the
proposed amendment , the Supervisor closed the public hearing . He
then asked the Board if there were any questions on the
environmental assessment ?
Councilwaran Leary questioned the multiple residence section , she
stated that she was trying to compare it with the actual wording in
the ordinance and it seems really different . Proposed you have a ,
Town Board Minutes 28 November 11 , 1989
b , c , and d , individual and two boarders , family and two boarders ,
two unrelated persons plus two boarders .
Town Planner Beeners asked if she was talking about her unofficial
summary?
Councilwoman Leary replied yes . The way it explains it there it
seems very different and she was just trying to get it straight .
On the latest version on page 6 , number 8 it only has two
situations that are allowed . one is one family or one family plus
no more than two boarders , right ?
Town Attorney Barney replied , right . In an effort to try and
stream line it we defined an individual also as a family . When you
go back to the definition section a family is defined as (a ) an
individual , so rather than repeating that again in the multiple
residence section . . . . so what the Town Planner has done here is use
the definition and added the number of boarders . You can have an
individual plus two boarders or you can have a family in the so
called tradition sense plus two boarders , you can have two
unrelated persons living together as a single housekeeping unit
which has also been defined as a family plus two boarders . He
thought she had stated it correctly .
Town Planner Beeners replied that it was just to show the different
combinations there might be within the law . As an attempt to see
what the numbers would be .
Councilwoman Raffensperger remarked that the one thing that has not
been said tonight is that the number of persons in two family has
been increased from three to four .
Town Attorney Barney replied , as long as they are living as a
single housekeeping unit in each unit .
Councilwoman Leary remarked that she had a problem with the
proposed amendment . She still thought that for the multiple
residence there should be a provision for four unrelated people
living together and not having to in any way be living like a
family . Might now the maximm you have is three and she thought it
should be four because you do have a situation in the Town where
there are apartment complexes that have four bedrooms , that
advertise four bedrooms , that have room for four individuals to
live there who don ' t have to make any pretense of living like a
family . She stated that she felt that since the situation exists
we should allow it .
Councilman Whitcomb replied , isn ' t that grandfathered?
Town Atto..rney Barney replied that that was the very issues he was
hesitant to comment on .
Councilman Whitcomb replied , they are not in violation now because
we have no restrictions covering multiple family residences .
Councilwo}:ian Leary replied , what we are saying now is that we will
not allow any more four bedroom apartments to be built .
Supervisor Desch replied that is right , suppose he moved out and
somebody else wants to move in , then what ?
Councilworian Raffensperger remarked , they can go to the ZBA .
Councilwoman Leary replied that she did not think the Board should
force that: to happen .
Town Board Minutes 29 November 11 , 1989
Town Attorney Barney remarked that he would like to deal in
practicalities rather than legalities , it ' s going to be very
difficult for the Town to monitor whether a number of people who
are living together are living as a single housekeeping unit . As a
practical matter , what you are going to be doing is you are going
to be looking at a number and if it is a two family house and there
are two people living in one unit and two people living in the
other unit you are going in an say show how you went out and bought
your groceries together and show how you had your dinner together
the past six nights . The same thing will go with multiple
residents , your number is four and they probably won ' t go any
further . If there are five then you see the number if wrong
whether you are living together as single housekeeping units or
not .
Councilwoman Leary asked , why can ' t you also make provisions for
the four?
Town Attorney Barney replied that he couldn ' t do it on the
unrelated persons basis . If you want to do it the way the language
would have to read is , a family plus no more than three boarders ,
roamers or lodgers , so now it means fran a practical standpoint you
are looking at five .
Councilwoman Leary replied that that was why she was wondering why
it couldn' t say four unrelated people ?
Town Attorney Barney replied , it is not enforceable and that is the
whole reason to go through this whole exercise .
Councilwoman Leary suggested the ordinance say an individual plus
three boarders , then you won ' t get into the area of a family
possibly being two people .
Town Attorney Barney replied , the instant you start allowing a
different number of boarders based upon the other criteria you
would bring yours , he felt , at the mercy of the courts because you
are discriminating again and he did not think that was what the
Board wanted .
Councilwcmlan Leary replied , even if you say define a family as not
an individual ?
Town Attorney Barney replied , you are using an unrelated person
again , you are not doing it directly , but you are using it as a
basis .
Mr . Frost asked about an occupancy restriction for a whole project .
Town Attorney Barney replied that someone could come in for a
variance for the project as a whole or occupancy throughout the
project . They would have to do it for every single project .
College Circle be a valid non-conformi
� may ng use .
Y
Councilwoman Raffensperger remarked , you are not going to get
complaints about four people living in a four bedroan apartments .
Councilman Whitcomb asked about changing the language to
incorporate the concerns of Mr . Niklas .
Town Attorney Barney replied that if you change the language
tonight you will have to go back to the republication and the
resubmittal of the law . He suggested that if the Board had a mind
to adopt the law then go ahead a adopt it and then he would bring
back a very brief amendment to adopt at the next meeting .
Town Board Minutes 30 November 11 , 1989
RESOLUTION N0 . 305
Motion by Councilman Klein ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby declare
a negative determination on the proposed amendment to the Zoning
Ordinance relative to the occupancy of dwelling units .
(Desch , M::Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb
voting Aye . Nays - none ) .
Councilwoman Leary stated that she was still uncomfortable in
putting this on the books and would rather it go with five people .
LOCAL LAW N0 . 8
Motion by Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
LOCAL LAW NO . 8
A LOCAL LAW AMENDING THE ZONING ORDINANCE RELATIVE TO THE OCCUPANCY
OF DWELLING UNITS
Section L Legislative Findings .
The Zoning Ordinance of the Town of Ithaca permits residential uses
and establishes residence districts in the Town consistent with the
Town comprehensive plan . One purpose of this part of the Zoning
Ordinance is to preserve the Town ' s residential character and
protect residents from overcrowding , an excessive volume of
traffic , parking problems , and excessive noise which deprives them
of the privilege of quiet residential neighborhood communities .
Residential districts are designed to allow people to reside in
peaceful environs undisturbed by the disruptions attendant to
business , industrial and other intensive uses .
The U . S . Supreme Court has found that a quiet place where yards are
wide , people few, and motor vehicles restricted , are legitimate
guidelines in land use plans . Further , the police power is not
confined to elimination of filth , stench and unhealthy places , but
it is proper to lay out zones where family values , youth values ,
and blessings of quiet seclusion and clean air make the area a
sanctuary for people .
The Court of Appeals of the State of New York has also recognized
the validity of these governmental purposes , provided there is a
reasonable relationship between the purpose and the regulation
utilized to achieve that purpose .
In recent years town officials have been inundated with complaints
about the overcrowding , noise , and parking problems in many
residential neighborhoods caused by large numbers of persons
occupying residential dwellings on a transient basis , primarily as
student housing for a semester or academic year . The vast majority
of these complaints are received during the school year . The Town
has two institutions of higher learning with a large population of
students . Unfortunately , the housing accommodations provided by
these institutions of higher learning are inadequate to meet the
housing :needs of all of the students enrolled in these
institutions , thereby causing students to look for housing in what
are otherwise primarily long term residential neighborhoods . The
effect of these problems is to convert dwellings in such
Town Board Minutes 31 November 11 , 1989
residential neighborhoods into rental , non owner-occupied
properties occupied by large numbers of students . These
occupancies are usually not individuals living together as a single
housekeeping unit , but are more reflective of transient , seasonal
( including semester or academic year) occupancies .
This tread threatens the stability and integrity of residential
neighborhoods . This practice interferes with the goal of providing
quiet and peaceful residential neighborhoods . It also results in
the hazardous overcrowding of residential dwellings .
The Town recognizes that quasi-multiple dwellings are an integral
part of the community . However , if legitimate long-term
residential units continue to be converted from long-tern
continuous occupancy to rental occupancy on a semester by semester
basis for short-tern economic gain at the expense of the rest of
the community , the character of the Town ' s residential
neighborhoods will be destroyed . Rather than a place where
long-term stabilized neighborhoods exist where residents can have
peace and solitude , they will become a haven for students whose
parties , driving , and other activities disturb residential
tranquility . Such type of occupancies are better acccmrcdated in
multiple residence districts and special land use districts
permitting same . The Town does provide substantial acccanntodations
for this type of occupancy in its multiple residence and special
land use district areas .
The protection of residential values must be achieved by
regulations which are reasonably related to this goal . The Court
of Appeals decision in McMinn v . Oyster Bay , ( 66 N . Y . 2d 544 , 1986 )
is illustrative of this fact .
It is the purpose of this local law to protect the Town ' s
residential neighborhoods by reasonable regulations . Specifically ,
this local law redefines " family " in compliance with McMinn ,
( supra ) .
Overcrowding of residential dwellings and properties is also
regulated based on habitable floor area .
By such regulations the Town hopes to give effect to its zoning
ordinance and the goal of preservation of residential neighborhoods
by insuring that residential neighborhoods continue to be populated
by year round , long-term residents , while transient student
visitors are properly located in zones intended for multiple and
transient accommodations .
Section 2 . The Zoning Ordinance of the Town of Ithaca as
readopted , amended and revised , effective February 26 , 1968 , be
further amended as follows .
1 . Article I , Section 1 , Subparagraph 5 is amended to read as
follows :
" 5 . A ' family ' consists of
(a ) An individual , or
( b) Two or more persons occupying a single dwelling
unit , related by blood , marriage , or legal adoption ,
living and cooking together as a single housekeeping
unit , or
( c ) Two unrelated persons , occupying a single dwelling
unit , living and cooking together as a single
Town Board Minutes 32 November 11 , 1989
housekeeping unit .
(d ) Notwithstanding the provisions of paragraph ( c ) of
this definition , a group of unrelated persons numbering
more than two ( 2 ) shall be considered a family upon a
determination by the Zoning Board of Appeals that the
group is a functional equivalent of a family pursuant to
the standards enumerated in paragraph ( f) herein .
( e ) Before making a determination whether a group of
more than two unrelated persons constitutes a family for
the purpose of occupying a dwelling unit , as provided for
in paragraph (d) of this definition , the Zoning Board of
Appeals shall hold a public hearing , after public notice ,
as is normally required for the obtaining of a variance .
The fee for such an application shall be the same as is
required for an application for a variance . Said
application shall be on a form provided by the Zoning
Board of Appeals or Zoning Enforcement Officer .
( f) In making a determination under paragraph ( d) the
Board of Appeals shall find .
( i ) The group is one which in theory , size , appearance
and structure resembles a traditional family unit .
( ii ) The group is one which will live and cook together
as a single housekeeping unit .
( iii ) The group is a permanent nature and is neither
merely a framework for transient or seasonal ( including
as " seasonal " a period of an academic year or less )
living , nor merely an association or relationship which
is transient or seasonal in nature . In making this
finding , the Zoning Board of Appeals may consider , among
other factors , the following .
( a ) Whether expenses for preparing of food , rent or
ownership costs , utilities , and other household
expenses are shared and whether the
preparation , storage and consumption of food is
shared .
(b) Whether or not different members of the
household have the same address for the
purposes of
( i ) Voter registration .
1
( ii ) Drivers license .
( iii ) Motor vehicle registration .
( iv) Summer or other residences .
( v) Filing of taxes .
( c ) Whether or not furniture and appliances are
commonly owned by all members of the household .
(d ) Whether or not any children are enrolled in
local schools .
( e ) Whether or not householders are employed in the
local area .
Town Board Minutes 33 November 11 , 1989
( f ) Whether or not the group has been living
together as a unit for an extended period of time ,
whether in the current dwelling unit or other
dwelling units .
( g) Any other factor reasonably related to whether
or not the group of persons in the functional
equivalent of a traditional family .
( iv) In making determinations under this section , the
Zoning Board of Appeals shall not be required to consider
the matters set forth in Section 77 of this Ordinance .
( g) Notwithstanding the provisions elsewhere provided herein ,
if the following limitations result in a lesser permitted
number of occupants than would be permitted under the
definition of family set forth above and the regulations of
each zone set forth later in this Ordinance , the number of
occupants , related or otherwise , shall not exceed the maximum
numbers determined on the basis of habitable space of each
dwelling unit as follows .
( i ) A minumzn of 150 square feet of habitable space for
the first occupant ; and
( ii ) 80 square feet of habitable space for each
additional person in each dwelling unit .
In no case shall the enclosed floor area be less than required
by Section 58 of this Ordinance .
Area: utilized for kitchenettes , bath , toilet , storage ,
utility space , closets , and other service or maintenance space
shall be excluded in determining ' habitable space ' . "
2 . Article 3 , Section 4 , Subdivision 1 , is amended to read as
follows :
111 . A one-family dwelling . A one- family dwelling may be
occupied by not more than
( a) One family , or
(b) One family plus no more than one boarder , roamer , lodger
or other occupant . "
3 . Article 3 , Section 4 , Subdivision 2 (a ) is amended to read as
follows :
" 2 . A two- family dwelling shall be occupied by not more than
two families . " /
4 . Article 4 , Section 11 , Subdivision 1 , is amended to read as
follows :
"A One-Family Dwelling . A one- family dwelling may be occupied
by not more than
( a) One family , or
(b) One family plus no more than one boarder , roomer , lodger
or other occupant . "
Town Board Minutes 34 November 11 , 1989
5 . Article 4 , Section 11 , Subdivision 2 ( a) , is amended to read as
follows :
" 2 ( a ) . A two-family dwelling shall be occupied by not more
than two families . "
69 Article 5 , Section 18 , Subdivision 1 , is amended to read as
follows :
" 1 . A One-Family Dwelling . A one-family dwelling may be
occupied by not more than
( a ) one family , or
(b) one family plus no more than one boarder , roamer , lodger
or other occupant . "
79 Article 5 , Section 18 , Subdivision 2 ( a) is amended to read as
follows :
" 2 ( a ) . A two-family dwelling shall be occupied by not more
than two families . "
8 . Article 6 , Section 26 , is hereby amended by adding a paragraph
at the end thereof reading as follows .
"Each dwelling unit in a multiple residence shall be occupied
by no more than
( a ) one family , or
(b) one family plus no more than two boarders , roomers ,
lodgers or other occupants . "
Section 3 . In the event any portion of this law is declared
invalid by a court of competent jurisdiction , the validity of the
remaining portions shall not be affected by such declaration of
invalidity .
Section 4 . This local law shall take effect ten days after its
publication pursuant to applicable provisions of law .
Supervisor Desch called for a roll call vote .
Councilman Bartholf Voting Aye
Councilman Klein Voting Aye
Councilwoman Leary Voting Nay
Councilman McPeak Voting Aye
Councilwoman Raffensperger Voting Aye
Councilman Whitcomb Voting Aye
Supervisor Desch Voting Aye
Local Law No . 8 - 1989 was thereupon duly adopted .
Councilman McPeak left the meeting at this time .
Town Board Minutes 35 November 11 , 1989
FOUNDATION PERMITS
Supervisor Desch asked if it was the consensus of the Board that
foundation permits should not be issued?
Councilman Klein replied that he would like to ask Andy Frost if it
helped him in any way to have the authority to issue them or is it
just easier to say that you are not allowed to issue them?
Mr . Frost replied , it is easier to say that Town policy does not
allow them . But in some circumstances it will be tough . May be it
is something the Town owes the builder because he is waiting for a
response from us .
Councilwoman Raffensperger remarked , if we could have a set of
criteria under which they would be issued , to consider , she would
feel a lot more comfortable in considering them . To just say may
be we will issue foundation permits , who knows where or when makes
her uncomfortable but if there are situations in which we could all
agree that it is a reasonable thing to do then she thought we
should have a list of those situations and look at it and decide .
Mr . Frost replied , individual circumstance , for whatever reason ,
may not be on such a list .
Town Attorney Barney remarked that if the Board were willing to
give foundation permits then he felt the Board should give the
Zoning officer some discretion , he did not think anybody could set
down and think up every situation where it might be reasonable to
do it . But yoq should have something showing what must be in place
before issuance , the level of plans , compliance with Planning Board
considerations , etc .
Mr . Frost remarked that the Board was looking at possibly five with
a maximum of ten a year , so it ' s not a big thing .
Councilman Whitcomb replied that he would be willing to look at a
written proposal with criteria under which foundation permits would
be issued ..
TEMPORARY CERTIFICATES OF OCCUPANCY
Councilman Klein remarked , again we need a list of criteria .
Town Attorney Barney remarked , as with the Foundation Permits we do
not have legislation authorizing to issue temporary Certificates of
Occupancy either .
Supervisor Desch remarked that guidance is needed on the fee . If
you are talking about a house that ' s one thing but a huge complex
is another thing .
Councilman Whitcomb suggested a percentage of the building permit
fee .
Councilwoman Leary remarked , if you get an applicant like Cornell a
thousand dollars is nothing . Even if it ' s a high value , Cornell
can pay anything .
Supervisor Desch suggested they both be items for the December
meeting .
WATER ACCOUNT REFUNDS
Town Board Minutes 36 November 11 , 1989
RESOLUTION N0 . 306
Motion by Councilman Bartholf , seconded by Councilman Whitcomb ,
( 1 )
WHEREAS , -the customer at 1353 Slaterville Road incorrectly read the
water meter on the June 1989 bill ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund in the amount of $ 74 . 46 for water ,
$ 7 . 45 wager surcharge , $ 50 . 84 sewer and $ 5 . 21 sewer surcharge ,
total refund of $ 137 . 96 be made to Christopher Heaton , 1353
Slaterville Road , Ithaca , New York . Account Number S-968 .
( 2 )
WHEREAS , the customer at 127 Westview Lane has been incorrectly
reading the water meter for one year ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund in the amount of $ 68 . 50 for water ,
$ 6 . 85 water surcharge , $ 71 . 18 sewer and $ 4 . 77 sewer surcharge ,
total refund of $ 151 . 30 be made to Paul Seeley , 236 Durfee Hill
Road , Ithaca , New York . Account Number V-3998 .
( 3 )
WHEREAS , the customer at 1036 East Shore Drive paid their September
water bill and then paid it again on the final bill ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund in the amount of $ 20 . 52 for water ,
$ 2 . 05 water surcharge , $9 . 27 sewer , $ 1 . 44 sewer surcharge , $ 2 . 26
water penalty and $ 1 . 07 sewer penalty , total refund of $ 36 . 61 be
made to Barns & Stellarsco , 21 16th Street , New York , New York
10011 . Account Number T- 1318 .
( 4 )
WHEREAS , a penalty was assessed on the final bill for the customer
at 106 Landmark Drive even though the September bill had been paid
on time ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund in the amount of $ 4 . 74 for water
penalty and $ 2 . 46 for sewer penalty , total refund of $ 7 . 20 be made
to Kenneth Hanna , 2287 Oberon Lane , Port Charlotte , Florida 33983 .
Account Nlunber S- 1181 .
(Desch , R5Lffensperger , Bartholf , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
DELINQUENT WATER AND SEWER CHARGES ON 1990 TAX ROLL
RESOLUTIOrf N0 . 307
Motion by Councilwoman Raffensperger , seconded by Councilman
Bartholf ,
RESOLVED , by the Town Board of the Town of Ithaca that delinquent
Town of Ithaca water and sewer bills in the amount of $ 19 , 796 . 11
and delinquent customer repair bills in the amount of $ 128 . 00 be
added to -the tax roll for 1990 , as a lien against the properties
involved , and to become due and collectible as part of the tax
bills for the Town of Ithaca which will be mailed to property
owners on December 29 , 1989 , and which will be due in January of
1990 .
Town Board Minutes 37 November 11 , 1989
(Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb -voting
Aye , Nays - none ) .
ASSISTANT BUILDING INSPECTOR/ ZONING OFFICER ATTENDANCE AT THE NEW
YORK STATE BUILDING INSPECTORS SCHOOL
RESOLUTION N0 . 308
Motion by Supervisor Desch ; seconded by Councilwoman Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize Paul Hansen , Assistant Building Inspector/ Zoning Officer
to attend the New York State Building Inspectors School in January
1990 , February 1990 , March 1990 and April 1990 .
(Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
ACCEPTANCE OF A 518 +/ - FOOT OF A NORTHERN EX'T'ENSION OF WOODGATE
LANE AND A 60 FOOT PORTION OF PROPOSED MAX ' S DRIVE
Town Attorney Barney noted that the road had been constructed to
the Town specifications and the Town has been plowing the road .
Robert Drake is going to cone in with a subdivision for the
extension of Max ' s Drive to the east .
Supervisor Desch asked the Highway Superintendent if he agreed?
Highway Superintendent John Ozolins replied , no problems .
Councilwcraan Raffensperger asked if the Board was being asked to
accept something that the Town had been acting as if it had already
accepted it or is there something brand new here ?
Town Attorney Barney replied that as far as he knew it was
something we thought we already had .
RESOLUTION N0 . 309
Motion by Councilwoman Raffensperger , seconded by Supervisor Desch ,
RESOLVED , that the Town Board of the Town of Ithaca accept 518+/ -
feet of a northern extension of Woodgate Lane and a 60 foot portion
of proposed Max ' s Drive , all as shown on the survey map prepared by
Kenneth Baker and submitted to this meeting , such acceptance to be
subject to the approval of the Town Attorney of the documentation
and marketability of title for the conveyance of such road to the
Town .
(Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting
Aye . Nay: - none ) .
TOWN OF ITHACA WARRANTS
Councilman Klein questioned the bill for the leaf shredder which
shows two $ 2 , 000 payments and then another $ 3 , 000 payment .
Highway Superintendent Ozolins replied that right now we are
renting it. for two months for $ 4 , 000 and then we will get the bill
for the rEmnaining $ 3 , 000 , in January .
Councilman Klein replied that it was not clear that after the
$ 3 , 000 is paid the Town will own the leaf shredder .
Town Board Minutes 38 November 11 , 1989
Town Highway Superintendent Ozolins replied that in January we will
get a bill for $3 , 000 for purchase of leaf shredder . The purchase
price is $ 7 , 000 .
RESOLUTION N0 . 310
Motion :by Councilman Bartholf , seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated November 9 , 1989 , in the
following amounts :
General Fund - Town wide . . . . . . . . . . . . . . . . . . . . . . . . $ 57 , 516 . 18
General Fund - Outside Village . . . . . . . . . . . . . . . . . . $ 46 , 534 . 11
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 262 , 070 . 49
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87 , 053 . 26
Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 452987
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6 , 939 . 68
Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 65
(Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
BOLTON POINT WARRANTS
RESOLUTION N0 . 311
Motion by Supervisor Desch ; seconded by Councilman Bartholf ,
RESOLVED , that the Bolton Point Warrants dated November 9 , 1989 , in
the Operating Account are hereby approved in the amount of
$ 140 , 191 . 01 after review and upon the recommendation of the
Southern Cayuga Lake Intermunicipal Water Commission , they are in
order for payment .
(Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
COLLEGE CIRCUS DRAINAGE
Town Attorney Barney stated that he had reviewed the agreement ,
sent it back to them with his comments and they have since come
back and now we are at a little bit of impasse . We had provided
that they were going to maintain the pond and the language that he
put in " such maintenance shall include all which deems reasonably
necessary by the Town in it ' s sole discretion to preserve the pond
for it ' s :intended purposes " . He stated that the reason he had put
that in was that he really wanted the Town to have full and
complete and absolute control over the work that was done there and
whether the work was done in ccopliance with what we felt needed to
be done . They are having a little bit of difficulty in it being in
our sole discretion and they would like to put in an arbitration
provision which would be used to arbitrate whether or not we were
being rea;�onable or not . This is the kind of situation where he
would prefer not to and he had resisted putting it in but it is now
a hang up which is causing us not to get an agreement . He stated
that he would like to be able to go back to them and say either the
Town Board said back off or the Town Board says they want that in
there and that is the only way we will accept the pond .
Councilman Whitcomb asked the Town Attorney what his recommendation
was ?
Town Board Minutes 39 November 11 , 1989
The Town Attorney replied , stand firth .
The Board agreed to stand firm .
CAYUGA HEIGHTS LAW SUIT
Town Attorney Barney remarked that he would go ahead and file the
Cayuga Heights law suit as the papers were ready .
Supervisor Desch replied that there hadn ' t been any change .
Town Attorney Barney stated that they had held off filing a law
suit on the trail with Sincebaugh . He stated that another meeting
had been scheduled with Mr . Sincebaugh and his attorney and he
would wait for one more Meting .
Councilwaman Leary remarked , the Cayuga Heights law suit , did their
contract say that they could cancel at any time? She stated that
she had heard that it did .
Town Attorney Barney replied , no . It does with the Town of Lansing
and the Village of Lansing but not with the Town of Ithaca .
FIRE STATIONS
Councilman Klein stated that basically they are looking for
completion around March , they are about a month behind . The
general contractor has been approved for about 60 % of his costs the
rest are about 40-50 % . Site work should be completed about June .
Some change orders have been approved mostly field conditions and
those types of things . The biggest problem was some water and
sewer mains that were incorrectly plotted and when they excavated
cut across for the buildings the water mains were above grade , so
they have to be lowered . There should be a big contingency left .
Councilwcrnan Leary asked about where the Town stood with Maplewood
and the Chamber?
Town Planner Beeners replied , Maplewood will have to go back to the
Planning Board for a revision to the site plan because of the
addition of a building that was found there . At this point , the
fencing around the ponds will probably be modified down to a
different scale or else we will be coming back to the Board for a
reduced size to their fencing around the retention areas . Right
now it is indefinite as to whether Maplewood will have to come back
to the ZBA and Planning Board until a revised plan is submitted on
the landscaping and until they decide if they are going to keep the
building behind the community building or not .
Councilwoman Leary asked about their temporary certificate of
occupancy .,
Andrew Frost replied that their temporary certificate expires
November 15th . We had a list of eleven or twelve items and have
gone through them line by line . The remaining issue he could see
come November 15th was the landscaping issue , the building , and
what Bolton Point is going to say and we may have some problems
with plumbing .
The Town Planner noted that she had just received material from the
Chamber of Commerce and had not had time to review it .
ADJOUR SMIT
Town Board Minutes 40 November 11 , 1989
The meeting was duly adjourned .
Town C erk
A rYI DA1 '1T Of M ?AL ?CATJ0?.'
THE ITH. A CA. JOURN I ,
.. . . . �_. �°. . � . . _ . �_ .l . l . ., . s _ _. . . . . . . . berms dully rk o , , ae�,S �
TOWN OF ITHACA '
NOTICE OF PUBLIC HEARING,;:
Eut he mide-s :iv 1Lhocz , Cour, h and rite alcresaid amo PRELIMINARY BUDGET
NOTICE IS HEREBY GIVEN, that:
i the Preliminary Budget for•the;
Chit 1J! iS • , • . IQr _ Southern -Cayuga Lake Inter
_. . ... . .. . . .. . ... . . . . . . . . . . . . . . .. . . . . . 0 . . . . . . . . . . . .. . municipal Water Commission '
for ' the year beginning Jan,-'
Gr 7EZ ITFib , , uary 'l , 1990, has been com-r.
� G1 30i'F� AS 8 p'.1h) 1C D ! rt?pn�+P7 F? rL'] te 8.'1G� �jUV :Ls . - pleted and filed in the Office ,
of the Town Clerk of said
Town at 126 East Seneca
�:+ IthbCf .0orCSE_i6 , aDa thet a 1)otice , 0l V. hjr4- the a nexec? is a " true Street, . Ithaca, New York "
where` it is available for .in
spection by any interested
person at all reosonabt6',
. . . .. . . . . . . • • - - --. .... . . . . .... . . . . . . . . . ... ... . . ... . hours. :f
FURTHER . NOTICE IS HEREBY{•.
1 —
Intl GIVEN, that the Town Board of_
C 'SR .bS.k . ... . . . . . . . . .�� . 1 . . . _ ._ . __.. . . . - -_. . . .. . ._ . . . .. . ... _ __. . . .. . .. . . . .. . _.. . . .. . . .. .... . . . said Town of Ithaca will meet;
and review said Preliminary.
Budget and . hold a public;
_ . hearing thereon at the Town;
— . . . . . . ... . .. . ... .. . Offices, 126 East Seneca
Street, Ithaca, New York, at
rc1 F ,_. 1 1 j ,� *i .� . Ot SAO Do + ,�.� 0 � tie 6:45 P. M. , on November 9, '+
" ZG.. .. .. . . . . . 1989, and that at such hearing
any person may be heard in
l favor of or against any item or
O . ' • ' . .t . . . .. - . - r- . - - , . IG . • -L/�• items therein contained.
Jean H. Swartwood
(- Town Clerk
��.�.. -?�� . . . .il October 28, 1989
S ;:�40.wvibed "d S-VA,= tCj 1XF07e Lne , this . __ . . . . . . . . . . .. . . .. .. . . . . . . . cc.E }
a , �. . . . . . . . . . . . . . . . ? � . _ _ .Q�
. . . . . j vrc�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . .. .
. . .
' o'.. v Fubliz .
JEAN FORD
No ;ary PubliC, State of New York
No. 4654410
:< u ifed in Tompkins Count
COr1 MIsSiOn expires May 3l, 19 �
AlFIDAVIT OF PMLlCAT10Jr'
AL
THE I �' �41A CA 3 OURN
TOWN OF ITHACA
.. . . . : .. F� .1. . 4 .. . _ . . . c. 2U. .I - -' .. .1 . !V� . .. . . . . . . . being Gtl1V Sit 0 1 , aP�"`ge< NOTICE OF PUBLIC HEARING;;.
PRELIMINARY BUDGET =Pt=?
^ _ NOTICE IS HEREBY GIVEN, that
Ln ? 3; \03J t rs
LLt be rides iz Ithamb W�lt�' &.nd hate 8.{ ^ *es 'e. 1d Ln3 the Preliminary Budget of the", ;
Town of Ithaca for the -
fiscal.'
i year beginning Januaryy 1 , °
II 1990, has been completed
that br Ls . . . . . 1 . . . . . . . .. . . . ... . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . ... ... . . and filed in the Office of the.:
Town Clerk of said town at 126`..
East Seneca Street, Ithaca;;'
Or TEL ITILA, C_� JOi'f� AS_ Ilk PIAIC Dewrspar = printed and ;rjbllshe ,3 New York, where it is' avail
i able for inspection by any in_P
terested person at all reosoria>?
in Itlam ijort Lic' , and L:►Zt i rpotice , of K'1,...1C} the a:1) GZe3 L5 r, tMe ble hours.
FURTHER NOTICE IS HEREBYt
GIVEN; that the Town Board of.
pY;. ww pul% bC^ said Town of Ithaca will meet;
f^ (� . . . . .. . . . . . .. -- .. . . . . .._ . . .. . . . . .. ... . . . . . .. . ... . .. . . .. . . and review said Preliminary.,thereon at the Tcvvh- t'
Budget and hold q-.. . . . . _ .. . . .I. � . . . . . . . . .. .. . . .. . .. . . . .. . ... . .... • . . . .. . _ . .. . - -. . .. . . .. .... . . . Street,Offices,gIth 126 East
ew Yorke oo
7 :00 P. M. on November '9,
1989, and that at such hearing ',
} � " '� - " ' - " '- " " " " " " " ' any person may be heard in
favor of or against any item or
L .? tit LF b: l : r _ a � . , t SLO LO �,: ^P terns therein contained. I
.� _ �'as o — t. e
- ' � - • • • - • PURSUANT TO Section 108 of .
the Town Law, the proposed
h}•� salaries of the following Town`
of "'. . . . . . . . . . . - -. . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . � C . . Officers are hereby specified: '
Supervisor—$ 18, 000. 00
Councilmen ( 6 ) eoch =
- n�--T• . . . ��J�!�. Y �^ $4,700. 00
Justice of the Peaces )
(each )—$9,000. 00
S "blm=:bed &zC' sw tG b2 : C ' e me , tl'Ls C1t• Jean H. Swartwood
Town Clerk
October 28, 1989
. . _ . . _ .
C: -
t,. -v Fu10 liz .
JEAN FORD
Notary Public State Cr` New York
No. 465 = ; ()
Qualified in TOM, , S Coun '
Commission expires stay 31, 190.,
bb-
A YFI DAI 'IT OF I'VILtCATJO?.' - '
THE ITH. ACA. JOURN �.L
• t TOWN OF ITHACA ,.I
2 t� !" k, lt. F �! _ NOTICE OF PUBLIC HEARING',:
�� �' � PLEASE .TAKE -NOTICE;;that the :
Town" Board `of - the Town :'of
c� ;Ithocd' will. meet and conduct.
.- - . . � . . 4,. . . _ . .. 13. .� . _' - ..� . !�%J _ _. . . .. . . . bells G� IL �' S��'0 ,� , aP "`Seb a public hearing on Novem= �
�` ber 9,_ 19890 .'at .7:45
r1 / ahe Town of , lthaca Offices.-i
zm7 .U%--S_ tit be rezide's 1r, 1 &,acc , wsl.rbt1' iLnd state e_fermald Ln6 126 East-Senecn,Street;_Ithaca..:
New Y prk;;for' the purpose of
heanng all persons interested
�t t �! L nn nn rr in.-a contract with the City of t
5. �. � �J. . . . _. . . . . .. . . . .. . . . -. . ... . .. .... . . . • . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .- . .... . . .. Ithaca for; fire protection at _a .
cost of- $8710664.00 for: the:
year. 1990 in the Town of. ltha.
crf TEr 1ifi1C1 jOi'F\ AI. a F� b11c Dew'� aFAT przte! d grid pu �1t511et3 ca, : excepting '_ ihe' following1
areas, to Wit: _'i, •
a) .The. :. Villdge ' . of Cayuga
ItliSC£ •ifOrtSP d , gad th2t 5 Douce , G; 4L"�L1ich the annexed is 8 true Heights. b) The area compris-,;'
ing 'all ;theterritory lying be;r
tween the; east boundary'`of
1 ; the .Villa a of Cayuga Heights -'
wzs F .I .-•� betc i. Sgid �'" '*G -- - - -- - - - - - -- ---- - - -- - -— ---- - - -- -- ._. . ... . . . . _.. . .. . . . and the: east boundary of,the
Town of Ithaca. c) The Hamlet ,'
of Forest Home, exclusive of.4
. -�T bn. r. . _ . _ - . s�SQ `. .�� the. structure' housing the Cor='
-- • -• - • •- - '•• • • ' nell University Filtration Plant.'.
Jean H. Swartwood ,
• October 28, 1989 Town Clerk::
i-! ' t} the Lscbbt Fu1b,"Le= � a ^ cI S ai . . .�. . .. .. .. . . . . . ---
}' of . b.C. �'9 .br. . - . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 19. . .�} .
. . . .. . . .. . . . . . .. . . . . . . .. . . . . . . . . . . . ... . . . . .. . ........
aS :: oa =4 bed >Wc L• 1xf04*be me , ttis ..7. - - •- - 3- -- - - - - - - -- - - -- -- - . _ . . . . . c.E }•
cx a - -�. .
Z
N ot.- j Fubiic .
JEAN FORD
Not Public, State of New Yorp
No. 4654410
Qualified in Tompkins County
Commission expires May 3 } 19q
AFFIDAVIT CAF rVIL1CATJON '
THE IT �LA CA JOURAL`T TOWN OF ITHACA•
NOTICE OF PUBLIC HEAR,
NOTICE IS HEREBY GIVEN, t `
the Town Board of the Town\
Ithaca has prepared assess,'
ment rolls for the parcels of
tL rrrL.r Z.>Z FkF ru CM land included in the follow-i
.
( 1 ) Renwick Heights , Lighting
F�O District; 2 Forest Home Light-
.1_ . 4.. . . _ . • • c .113. . ` . . .. . . . . . . . lIJ 4� tL \ ' 3 \x'0 ^ 1 , dP � S � District; .( )
6 � ing (3) Clover Lane,
Lighting District; (4) Glenside
Lighting ' District; 5) Winners'
A ]' ? Sk \ S , t:ZFt be TLSIC7CS ;LC It�ioCs Cooarl m ' JL*1d Mte fdortsajd an6 Circle Lighting �istrict; (b)
Eastwood Commons . Lighting
ff / District; (7) The Town of Ithaca
t1at br Ls . . . .C, IQI'• . . . . . • - . _ water and sewer - im--,
_ . . . . .. . . . . . . . . _ . . ._ . . . . _--- . ._. _ _ provements now operated by.
the Town as a . Town-widei
function and covering ll
of TET IT�iAG1 JOi--NA- . a p '.11r•Lc DtwTpe *Y*°T printed and published lands in the Town, pursuant to
Section 209-r of the Town Law;
this assessment roll ' includes.
in ltlSCfi 0ore4f..16 , and t:6z t a >a:)tioe , of %; AD-1 _h the Y .1* 1GJC � d u p true not only all the parcels foi=_
merly included in all the for-
i mer water and sewer districts;'
11 .1 li9e: lu Slit : Fc 7G but also all other lands in the .
" "" " " " "" " ' - ---- - - - - •. .. . . .. . .. . ... . .. . . •• - - Town. of Ithaca outside the ViIJ
1 lage of Cayuga Heights, an'de
� 1 has apportioned and assessed .
11- . . . .. . . .. . . . .. . ". . . .. . ".. . . . . . ._ . . . . _ . . .. - _- . . . . . .. . ... . . . upon such parcels of - land in;
proportion to the amount of�
benefit the improvements
. . . .. . •. . . . .. . . . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . .. . . . . . . . _ . . _. . . .. . . .. . .. .. . shall confer upon the 'same"
the cost chargeable to said •
districts and said land in the
= � � ^ t � � Kai on Town of Ithaca for the estab-
� t Lc �,_•r -t „ �,� i � „ _ •. C • s L � );3 . ... . . lishment and construction of
the improvements in said dis=. �
-}-� O tricts, including the water and
dE \'
of. . . r- . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 1 _ . �. sewer systems therein, which
charges are payable in the
year 1990 and, therefore, pur-
suant to Section 239 of the
Town Law, the said Town
Su}JS = a:, C S 'C tG 1]efv . e L*1e tr'1:S
Board
thereonoadt theuTolwneof_`.
^ - ' . . . . .. . . . .. . . . ' " ' ' - . . . . " ' � % fices, at 126 East Seneca -
" Street, Ithaca, New York, on ,
' November 9, 1989, in the ap='`
a C . . proximate order listed above'
beginning at 7:30 P. M. , at:j
which time it will consider any
objections which may be
_ . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . _. _ . . . . . . . . . . . . . . .L. . . . . . made to said assessment rolls
O'.."V FLIVjI and apportionments.
JEAN FORD Jean H. Swartwood:
Town Clerk`
Notary Public, State of New York October 28, 1989 s
No. 4654410
Qualified in Tcmp � lns County�,``
Commission expires NAsy 31, 19 . L.1
A " FIDAVIT Of M71L CAT10N
THE ITFIACA JOURNAL
being dull ,v r, onn , deposes
tin ? 3 � % 3 ; twat he rtzides in Itl':om , COtJ_r: ',}• €nd state >Zforesaid >md
tlu t 1,�* i4r . . . .LJQl
er 'I r Iriilcl jot-FaA.t at pil:lic n - w`- p ° P°T primte%d amend pub'l sher3 _ . m..
TOWN OF ITHACA
NOTICE OF PUBLIC HEARING ,
in It' ,ac -ifortsEid and tllzt i aJt1ce , or K1�.5C} the annCZG ,�', u & true PLEASE TAKE NOTICE, th6 ;tlie'
Town Board . of the Town ``of +
Ithaca - will meerand conduct
C`771•, S1,7..t I v< C: in Said , z a public hearing on Novem;
P F pe . . . . .. . . . . . .. .• -• - • - ---- ---- - - • - -. ... . ... . .. .... . .. . . . ber 9, 1989s at 8: 15 P. m .bt ,
Jhe Town Hall , 126 East Sene'-
� ' ^ c C� ca Street, Ithaca, New ,Y,ork to"�
`.J ate. . . . ._ . �. . . . . .Q ., .. . . . . . . . .. . . .. . .. . . . .. . . .. . ... . . . . . .. . . . .. . . .. _ _ - . . . . . .. . ._. consider a local - law amend- f
" ' ing the Zoning Ordinance rel
ative to the - Occupancy .1 of; '
dwelling units and will at this'
_
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... ... . . . . . . . _ . . . . . . . . . . .. . . time hear all persons in favor, .
Of or opposed to-the adoption -I
of said local law,
�r ? t t} F . cf „ 1- lir _ �-:: . r ., . � ; , o Jean H. Swartwood
F - . � .� ... _ .. c • sa .. .. . .. _ _ xas on L e . . . . . . . . . .. .. .. . . . . .
Town Clerk 71
October 28, 1989. A
of
„ J
. . . . .. . . . . .G
t. b2 r . .
�, . o - e Lae , t�'is . . . . . . . � �•
cx ., . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .
- . - . . . . . . l!<
JEAN FORD
Notary Public, State of New YoFk
No. 4654410
Qualified in Tompkins County
Commission expires May 31, 19, ,,E /
AIFIDAVIT C>f MIgUCATJON 1HE ITH. A CA. JOURNAL
_. . . .�G_. t� .�. . � . . . _ . 'v. .` . .� . .> . 'L 5 . .. . . . . . . . beirE duly swopm ' de?uses
ll ` '"^•<��TOWN OF ITHACA1 :`' `
3n ? Sc %3 , t�.ict De TtSldes lv lt .�locc COOS t1 atnd state a loresaid amri NOTICE OF ,PUBLIC HEARING ;
:PLEASE TAKE NOTICE, that th'e�
�1 n r i :' fo6vri` Boalu of the Town of
� t � Lt . . . .C'J .Qr. k, ._ . . _ ___ . .. . . .. _ .. :;.Ithaca will .inegt and conduct ♦
_ . .. . ._ . . ca 7public' hecirin 'on Nov em:
; ber,-'9, :,1989, • at 7:20 P. M. , ai
� � � � � the,=Town Hall :126 East Sene
Q! T�z ITI iA1C_A JOl'P. A-L a p'_] b]Jc De ` srpapmeT pro . pjb ca Street,- Ithaca, NewYoik,- to
; :consider a local law amend
� t " arig ' a ' loco . low 'establishing
It;}lacs ifort4l l6 , and th2t 5 Dotace , OI which the aILLnexe -? u & ' true sewer ;• rents,`:'increasing the
sewer rate from' :77/100 cub-
i 'ic' feet to •$.85/100 cubic `feet
q ^� , Nt-L' p •1 D= e'o iaii '� �y � pC r;df_water consumed and will at
" " " " " ' " " this tirrie , hear ; all persons - in
favor of or'' o p6sed to the -
,
adoption of said local low
C. � . . . . . . . . — ' .. . . . . . . . . . . .. . .. . . . ... ... . F s.
Jean H. Swartwood,
. . . _. . . . . . . .. . . . . . . . . . . .. ... . . . . . . . . . . . .. . . .. . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . .. . . . . . . . _ . . . . . . . . . . _ . . . .. _. . Town Clerk
October 28. 1989 :.
� t � P c-� ^ , . 1.- lir• = f-: r� -. o1 L� ' n . : ro 1` �. . . . .. . . .. . ... .
- - - � _ .. ,..r _. _ .. ,, . sue.. .. n ., � � . u-� on t... e . - - - • -
r � � . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 19 . . . 7 .
s. . p . . . ��. r . .. . .` . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .......
SA* =4 .d Emd sw'orr t:, before ale , ti>✓s . . . . . - -- . . - IU y.
a _ . . . . . . . . . . . . . . . . 1 � . . . . . . . . . .
_ _ . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . .
?.' m. v Fublk .
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins County
COMM; S5iori exr . res May
A1' Fl DAVIT OF Pt ►BLICATIDA' -
1
1,HEITHFACA J
-
1
t�U. . 4,♦ . . _ . . . v. .t . _� . 4 ,&&. . .. . . . . . . . beins Grll] N ' S�'O , , d °�+SfS
Lric szvs , tit be r=si6e-s ir, IthacZ & Cour! t1• And Mte Q_fcresaid 8^ d 77TOWNOFITHACA
NOTICE Of PUBLIC HEARING "
=
'PLEASE 'TAKE .NOTICE,; that -the+
. . . .Lkr. . . .. . . . ... . . . . . .. . . . . .. _. . . .. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ._ . .... . . . . JownBoard ' of the_Jown of
-•Ithaca will meet and conduct;;
6 "public'. .hearirig 66.,Novem=�'
Gl TEU IZ�i.1C_AL 30i-FNA1. A PA IC neW:rpn �T prated r.7d I"JblisIle-3 ber, 9„1989, of,-7: 15 P. M. , at- .
the Town Hall, 126 East SeneA
l .ca Street, :lthoca- New York, to
in Itlacf . 0ortsvd , and t1at a D0t1c+e , tZ K"il2• C} the a ) exe 3 S & true consider -a , local law. o ar6es
ing the water Totes, = charges,
N and other -.fees.cho�geable, to ;
consumers =of wafer in . the
p :ib'_Lsbe in staid F ; jam Town of Ithaca by mcreasI a.
the water rate lurch -r a from,
c Y 1 17 % of the water rate Charged_ `;
to , 22 % `of ' the =water ` rate tel
"' � — " " " " "" " charged and will `at this time
hear all persons in favor of or
opposed to L the of
. . . -• . .. . . . .. . . . . . . . . . . .. .. . . . . . . . . . . ... . . — . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .. . ... . . . . . . . — . . . . . . . .. . . . . . .. .. . said local 16w.
Jeon H. Swartwood
-Town Clerk, j
Sc no ' C: tt-5c OZ & e . . .. .. . . . . . October 28, 1989 -- �
} of . . . . . .. . . . . . . . . . . .. . . . . . . 39 . . .� .
- • � E? . . . .5_ . . . -. . . . . . . . ... . . . . . . .. . . . . . . . . . . . . . . . . . .. • . . . . .- --
Subd =ibied Iris rwtct&. tr 'DefV .r e Me , t..'L_S
,
_ . . . . . . . . . , .� ?� ,
JEAN FORD
P40tarY Public, State of New
No. 4654410
Qualified in Tompkins AC9yF�t /
Carel MMssion egpores )%1 ;v �� j . , .