HomeMy WebLinkAboutTB Minutes 1989-12-11 TOWN OF ITHACA
REGULAR TOWN BOARD MEETING
December 11 , 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 11th day of December , 1989 , there
were :
PRESENT : Robert Bartholf , Acting Supervisor
Shirley Raffensperger , Councilwcxnan
Patricia Leary , Councilwoman
David Klein , Councilman
John Whitcomb , Councilman
ABSENT : Noel Desch , Supervisor
Henry McPeak , Councilman
ALSO PRESENT: John Barney , Town Attorney
John Ozolins , Highway Superintendent
Erik Whitney , Assistant Town Engineer
Susan Beeners , Town Planner
Andrew Frost , Building Inspector/ Zoning
Officer
Harry W. MacPherson , Cornell University
Michael K . Daley , Town Resident
William Paleen , Cornell University
Myrtle Whitcomb , 233 Troy Road
Ed Olmstead , Fire Department
Dave Cornelius , Commissioner
Laura Holmberg , 200 E . Buffalo Street
Robert Cotts , Northview Road Assoc .
Ron Simpson , 112 Pine View Terrace
Bruce Brittain , 135 Warren Road
James Ainslie , 245 Hayts Road
Charles Trautnann , 304 Forest Home Drive
Eugene Ball , 1317 Trumansburg Road
Dooley Kiefer , 629 Highland Road
Celia Bowers , 1406 Trumansburg Road
Representatives of the Media :
Jay Cox , Ithaca Journal
David Debo , WrKO
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF :TOWN OFFICIALS
Highway Superintendent ' s Report
Highway Superintendent John Ozolins stated that as far as
activities for the month , we had one vehicle that we started last
month and completed the service this month , plus we also started
the servicing of Truck # 7 changing it over from a dump truck to a
cinder spreader . We continue on with cutting ditches and shoulders
and snow removal , we were out once or twice in November and have
Town Board Minutes 2 December 11 , 1989
been hauling in salt as well as mixing salt and sand . The paper
work for the sign inventory has been submitted back to the State
and they are reviewing it . The most time consuming as well as
costly activity during the month was the brush and weed removal .
In total , the cost was over $ 26 , 000 . One of the things we have to
get away from is the plastic bags because we had a dumpster and it
was half full of plastic bags . There is a place where you can get
biodegradable paper bags , there are not your standard grocery bags .
It will facilitate picking up the leaves and we can send bag and
all through the leaf machine . It took three people over a day to
empty the bags . We had some problem with the boxes but he felt
they had that part solved . The Parks have been preparing for
winter but: a large share of their time the last month was also with
the brush and leaf pickup . He went on to say that a couple items
came up after the agenda went out , one was Truck # 7 ' s engine .
During the brush and leaf pick up the engine seized up on us . We
drained the oil and found fairly large pieces of iron . An oil
sample was sent out , however , more testing needs to be done . He
stated that he would like to replace the engine because a new
engine would be warrantied at a cost of between $ 7 ,, 700 and $ 7 , 950
and he planned to use this years leftover money in the maintenance .
Also , the radios the expected service life of the radios was six
years and they are going on close thirteen years and they keep
breaking down . There is money for this also left in the
maintenance budget .
TWO-WAY RADIOS
RESOLUTION NO , 312
Motion by Councilwaman Raffensperger ; seconded by Councilwanan
Leary ,
WHEREAS , the radios in the Town trucks are over 12 years old and
originally had a service life of 6 year , and
WHEREAS , in the average , two or three radios are down with another
two or three working marginally ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize $4 , 000 to be spent to replace nine ( 9 )
radios . The money to be taken from 5130 . 4600 Vehicle Maintenance
and placed: in 5130 . 300 Equipment to cover the cost of the radio
purchases and installation .
(Raffenspe:rger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none) .
REPLACEENr OF TRUCK # 71S ENGINE
Town Attorney Barney asked if the replacement of the engine would
be done by the Town forces ?
Highway Superintendent Ozolins replied , no . This will be done at
Crispell ' s .
Town Attorney Barney asked if the price could be brought down to
under $ 7 , 500 as he was a little bit concerned about having to go to
bid .
Highway Superintendent Ozolins replied , the $ 7 , 700 to $ 7 , 900
included engine plus all the labor . We could buy the engine and
then look at either having Art Westmiller do it or Crispell ' s .
Town Board Minutes 3 December 11 , 1989
Town Attorney Barney asked if the engine and labor could be two
separate prices ?
Highway Superintendent Ozolins replied that all he had was the
total package . This is worse casing it .
RESOLUTION NO . 313
Motion by Councilman Whitcomb , seconded by Councilman Klein ,
WHEREAS , '.Truck 7 ' s engine seized up while on the brush and leaf
pickup , and
WHEREAS , during the oil change , after the engine seizure , large
pieces of iron where found on the drain plug . It is suspected that
the piston rings may be damaged and possibly damaging the rest of
the engine , and
WHEREAS , an oil sample was taken but the results have not been
received , and
WHEREAS , an overhaul could result in a large amount of down time
and lead to many other items being replaced besides the piston and
the rings ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize the replacement of Truck 7 ' s engine upon
the outcome of the results of the oil analyses . The engine and
labor to replace it , neither of which will exceed $ 7 , 500 is subject
to review by the Town Attorney to determine this is not in
violation of the law .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
Town Engineer ' s Report
Assistant Town Engineer Erik Whitney reported that the finished
mapping has been received for the Inlet Valley water and sewer
project on CAD disks and they were in the process of chopping it up
into maps for the project . It will take about 50 working days to
get the data on the maps . The Trumansburg Road sewer extension for
the fire station , we are waiting on the City of Ithaca and the
signing of the contract documents . Acquisition is complete except
one easement and he had talked with the owners today and did not
anticipate any problems . The video inspection of the Northeast
sewers has been rescheduled to start December 18th . The new Town
highway map for the CHIP ' s money which the Highway Superintendent
applys for , is completed . Also some minor subdivision reviews .
Building I�zspector/ Zoning Officer ' s Report
Building ;Inspector/ Zoning Officer Andrew Frost stated that 16
building permits were issued for the month of November , three new
single family detached , two for alterations , one for an addition ,
seven for multiple residences and three miscellaneous . 31
certificates of occupancy were issued . 9 new complaints and 92
field visits .
Town Planner ' s Report
Town Board Minutes 4 December 11 , 1989
Town Planner Susan Beeners stated that the Planning Board had held
a public hearing on the Comprehensive Plan Review Project in
November . We had one meeting which was essentially full of
development review and then another meeting with one development
review and a discussion of the comprehensive planning review
project and a brief discussion of the addendum that was received
that day by the Planning Board and a brief discussion of a work
project . We also reviewed an agricultural land preservation
g udelines outline done by a student in City and Regional Planning .
She went on to say that they were tying to complete the precensus
review before the January 5th deadline . She noted that George
Frantz had been putting some time in on MACTRANS , partly to review
the Cornell parking lot behind the East Hill Plaza ,
Councilwoman Raffensperger asked if the Cornell parking lot was on
the next Planning Board agenda or had it not been scheduled yet ?
Town Planner Beeners replied that it has not been finally scheduled
for Planning Board review . The earliest time now for it would be
the January 23rd meeting .
BUDGET TRANSFERS
Councilwoman Raffensperger stated that it was her understanding
that with a deficit in the capital funds we really don ' t have any
choice as to whether or not we transfer this money from maintenance
into the capital projects fund , she stated that her only concern
and perhaps it could be cleared up sometime in the future when we
do some research is whether or not there will be a device to repay
those funds to the maintenance account . But , she went on to say ,
it was her understanding that the Board did not have any choice as
to the transfer at this time but she wished to note that she wanted
clarification as to whether or not it can be paid back from the
capital projects to the maintenance fund .
i
Councilman Whitcomb remarked that the key was , can we borrow the
necessary amount from the sewer fund and repay it from increased
revenues in 1990 . He asked , is that what is going to happen ?
Assistant Budget Officer Linda Nobles replied , that only covers the
problem of loaning money from sewer to water temporarily . The
question that .Councilwoman Raffensperger is asking , she thought ,
is , can we recoup somehow in terms of borrowing since our debt
limit right now has already been used , can we borrow additional
monies or can we get an extended debt limit to borrow more money to
cover there overages and that she did not know.
Town Attorney Barney replied , not without another resolution and
the same process one goes through for borrowing .
Councilwoman Raffensperger remarked , the question is though . . . . as
she understood it , we applied for a certain amount of money in the
1987 Water & Sewer Capital Projects to be excluded as most wager
and sewer projects are from our debt limit , but the amount we
applied for has been exceeded by the amounts that are noted in the
resolution . Therefore , we have no choice but to pay that. money out
of maintenance , she stated that her concern was that that will so
draw down the maintenance fund as to be a difficulty and her
question eras , because it is a capital project can we apply for an
addition to the debt exclusion for the 1987 Water & Sewer Capital
Projects , can we bond it with an up caning project . In otherwords ,
its a capital project and can we bond it in someway so as not to
remove that money from the maintenance budget ? She did not think
the Board had the answer to that tonight but she did not think the
Board needed the answer to pass the resolution which she
Town Board Minutes 5 December 11 , 1989
understands is necessary . So with the understanding we need
additional_ information as far as repayment is concerned , she stated
she would move the resolution .
RESOLUTION NO , 314
Motion by Councilwoman Raffensperger , seconded by Councilman Klein ,
WHEREAS , the 1987 Water and Sewer Capital Projects are over budget ,
and
WHEREAS , the Town has borrowed monies for these projects up to
their debt limit , and
WHEREAS , the associated operating fund is liable for these
over-expenditures , and
WHEREAS , the Water Fund does not currently have sufficient cash to
cover its portion of the overage , but can borrow the necessary
amount frcxn the Sewer Fund and repay it from increased revenues in
1990 ,
THEREFORE BE IT RESOLVED by the Town Board of the Town of Ithaca
that budget transfers be approved by the Town Board and processed
as follows :
In Sewer : debit G9901 . 900 Interfund Transfer for $ 104 , 295 . 42 to
cover overage in Capital Projects , debit G391 Due fran Other Funds
for $ 46 , 439 . 27 to loan water the amount needed to cover their
overage v1 Capital Projects ,
In Water : credit F630 Due to Other Funds for $ 46 , 439 . 27 to record
liability of loan from Sewer , debit F9901 . 900 Interfund Transfer to
transfer $ 46 , 439 . 27 to Capital Projects to cover the overage .
In Capital Projects : credit H5032 Interfund Transfer for
$ 150 , 734 . 69 to record interfund transfer fran Water and Sewer Funds
to cover overage .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
BUDGET AMENDMENTS
RESOLUTION NO . 315
Motion by Councilwoman Raffensperger , seconded by Councilman
Bartholf ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the following budget amendments :
FROM :
DB5112 . 450 PERM . IMPR . - gas , oil
T0 :
DB5112 . 100 PERM . IMPR . - Pers . Serv . $ 31000 . 00
FROM
DB112 . 450 PERM . INIPR . - gas , oil
TO :
DB5130 . 100 MACHINERY - Pers . Serv . $ 4 , 000 . 00
FROM :
DB5112 . 453 PERM . IMPR . - Reg . Rd .
TO :
Town Board Minutes 6 December 11 , 1989
DB5110 . 45 ]_ GEN . RPRS . - Road Rprs . $ 30 , 000 . 00
FROM :
DB5112 . 458 PERM . IMPR . - Bns /Sbnk
TO
DB5112 . 456 PERM . IMPR . - Hosp . Rd . $ 51557 . 19
FROM :
DB5112 . 458 PERM . IMPR . - Bns /Stink
T0 :
DB5ll2 . 45 '7 PERM . IMPR . - Park Ln . $ 6 , 800 . 00
FROM
DB5112 . 458 PERM . IMPR . - Bns /Sbnk
TO
DB5142 . 452 SNOW REM - Salt $ 15 , 000 . 00
FROM
DB5142 . 100 Snow - Pers . Serv ,
TD :
DB5110 . 100 GEN RPRS . - Pers . Sery $ 30 , 000 . 00
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
REAPPOINT14MT TO ZONING BOARD OF APPEALS
RESOLUTION NO , 316
Motion by Councilman Whitcomb ; seconded by Councilwoman
Raffensperger ,
WHEREAS , the Zoning Board of Appeals recommends the reappointment
of Edward Austen to the Zoning Board of Appeals ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby reappoint Edward Austen as a member of the Zoning
Board of Appeals for a five year term commencing January 1 , 1990
and expiring December 31 , 1995 .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
REAPPOINTivffNT OF CHAIRMAN OF ZONING BOARD OF APPEALS
RESOLUTION NO . 317
Motion by Councilman Klein , seconded by Councilwoman Raffensperger ,
WHEREAS , the Zoning Board of Appeals recommends the reappointment
of Henry .Aron as Chairman of the Zoning Board of Appeals ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby reappoint Henry Aron as Chairman of the Zoning Board
of Appeals for the year 1990 .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
REAPPOINTMENT OF PLANNING BOARD MEMBER
RESOLUTION NO . 318
Town Board. Minutes 7 December 11 , 1989
Motion by Councilman Whitcomb ; seconded by Councilman Klein ,
WHEREAS , the Town of Ithaca Planning Board recommends the
reappointment of William Lesser to the Planning Board ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby reappoint William Lesser as a member of the Town of
Ithaca Planning Board for a seven year term commencing January 1 ,
1990 and Expiring December 31 , 19979
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
EMC REPRESENTATIVE
RESOLUTIO14 N0 , 319
Motion by Councilwoman Raffensperger ; seconded by Councilwoman
Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
reappoint Richard Fischer as the Town representative on the
Tompkins County Environmental Management Council for the term of
January 1 , 1990 through December 31 , 1992 .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
YOUTH BUREAU REPRESENTATIVE
RESOLUTION NO . 320
Motion by Councilman Klein ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
reappoint Pamela Hanna as the Town representative on the Tompkins
County Youth Board for the term of January 1 , 1990 through December
31 , 1992 .
( Raffensparger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
EXEMPT STATUS FOR ACCOUNTING PERSON
Councilwoman Leary asked what the reason was for the change ?
Linda Nobles replied that there have been changing responsibilities
within the Department and she has assumed more of a exempt status
in terms of a judgement and responsibilities .
RESOLUTION NO , 321
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
WHEREAS , the job description for the Payroll/Personnel
Administrative Assistant was revised and approved in March 1989 to
reflect the expanded duties and responsibilities of the position ,
and
WHEREAS , these duties and responsibilities meet the FLSA tests for
classification as "Exempt Administrative " ,
Town Board Minutes 8 December 11 , 1989
THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca
hereby approve that the Payroll/Personnel Administrative Assistant
position be classified "Exempt Administrative " with a standard work
week of 37 1 / 2 hours , and
BE IT FURTHER RESOLVED , that the salary range for this position be
converted to an annualized rate by standard compensation conversion
guideline:" and be set at $ 16 , 640 - $ 24 ,, 960 and the salary of the
incombentp Patricia Punger , be likewise converted and approved at
$ 22 , 464 for 1990 .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
PLANNING '.['ECHNICLAN
RESOLUTION NO , 322
Motion by Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
WHEREAS , the Town Board of the Town of Ithaca approved in the
adopted 1990 Budget monies for the addition to Town staff of a
Planning Technician , and
WHEREAS , a tentative job description has been proposed for this
position ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby approves the proposed job description , the
advertising and hiring of a Planning Technician to begin work as
soon as possible in 1990 at a salary range of $ 17 , 000 to $ 22 , 000 to
be paid from B8020 . 100 Planning - Personal Services , as previously
budgeted .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
SOUTH HILL TRAIL
Town Attorney Barney remarked that there were some aspects of this
that the Board should discuss in Executive Session , mainly land
acquisition and costs .
Town Planner Beeners stated that there had been a minor design
modification relating to the surface which George Frantz would
discuss .
Assistant Planner Frantz stated that at the last meeting he passed
out a memo to the Town Board members . What we are proposing to do
is subsitute the 6 ' wide cinder trail surface with a surface to be
composed of bank run gravel , 8 ' wide , rolled and compacted and then
seeded to grass . In our original communications by phone with DEC ,
they saw no problems with the use of cinders as a trail surface
material . Now they say that cinders are classified as solid waste
and any uses of them for other than spreading on roads as a
traction agent would need approval from DEC . We sent then a letter
explaining to them what we wanted to do , we sent the results of
tests which Cornell had run on their cinders and the response that
we got was that we had to prove to their satisfaction that the use
of cinders would not harm the environment , without giving us any
sort of guidelines as to how to go about doing that . Thus , we were
looking at what we thought would be quite an expense . So , we came
up with this proposal and he felt they had ironed out all the
Town Board. Minutes 9 December 11 , 1989
details as to how the surface would look , how it could be put down
and what material to use . Also , it be accessible to handicapped
persons . We think it will prove to be a good surface for the
trail .
William H.ilker asked , on the South Hill trail acquisition , that
will be in executive session?
Town Attorney Barney replied , it ' s up to the Board but he would
assume because of the nature of the questions that would come up ,
it would be discussed in executive session .
Councilwoman Raffensperger asked if there needed to be a resolution
to approve= the design change because the Town Board had reserved
the right to design approval .
Town Attorney Barney replied , that is correct .
Councilman Whitcomb asked how this would effect the cost of the
trail , changing from cinders to bank run ?
Assistant Planner Frantz replied , it doesn ' t effect the cost . We
were able to offset the slight cost increase of changing the
material by cutting a few items elsewhere in the budget .
Councilman Whitcomb remarked , you are anticipating this surface
over the entire length of the trail ?
Assistant Planner Frantz replied , no . He went on to say that he
should have explained that the bank run seeded to grass would be on
those sections running from Hudson Street in the City to the base
of where the trail will climb up to the upper section . And then
from the Coddington Road entrance east to the Northview Road
barricade .
Councilwoman Leary asked , what is bank run ?
Highway Superintendent Ozolins replied , there are different types
of grave]_ . Bank run , there are two types of which one is just
crushed bank run where you just take it out of the ground , a bucket
of dirt with the stone in it and then you put it through a crusher
so that you separate the stones by size and then you crush the
stone to get a particular size . Regular bank run , you just take
it , dump it on a screen and let it fall through . The size of the
stone depends on the size of the screen .
Mr . Frantz added , we are looking at using just plain bank run and
there will be some stone as large as 4 to 6 inches . Those we
expect we can rack off once the bank run is laid down . Once the
bank run is laid down it is going to be compacted with roller and
the larger stuff is going to be push down into the surface , so it
will still provide a smooth surface . The grass will have to be
mowed on a weekly basis to keep it an inch to two inches in height .
The second maintenance aspect which is very important is annually
in the spring time to reroll it with the roller to push down any
stones that may have cone up because of the frost . He felt this
surface was going to be superior to cinders as far as handicapped
accessibility .
Councilman Whitcomb asked how thick the surface would be ?
Mr . Frantz replied that in the drawing he had 3 " but he felt they
were actually putting down 6 " and once it was compacted it will be
about 3 " .
Town Board Minutes 10 December 11 , 1989
Councilman Whitcomb remarked that he wondered about two potential
problems with bank run gravel , it doesn ' t normally have a lot of
organic material in it which is required to make anything grow . He
asked if they felt there was any problem with growing grass on sand
and gravel ?
Highway Superintendent replied that after a while vegetation will
grow.
Mr . Frantz added , we plan to seed it and fertilize it . The grass
roots will bind the bank run together and it will not be used on
any grades . We do expect , with use , there is going to be a narrow ,
may be 2 ' wide , actual path where there is going to be very little
grass . He went on to say that they had received a letter from one
resident who felt an effort had not been made to investigate the
specifics of the DEC response to the proposed cinders . He stated
that he had telephone them and asked what they needed , they needed
evidence -that the cinders would not harm the environment but there
were no :specific guidelines given , like run this test , run this
test , it was simply that we must prove to them that the cinders
would not harm the environment . He felt the Town could end up
spending thousands of dollars . She also feels that the idea of the
grass is not compatible with the area .
Councilwoman Raffensperger asked , if we were to approve this design
change would it be possible for you to do a quick kind of survey of
what DEC has permitted on all these other linear parks and see
whether or not they have proven that cinders were not detrimental
to the environment ?
Mr . Frantz replied that they could contact other places that have
used cinders on trails and find out when they did it .
Councilman Klein asked , how long is the stretch you are talking
about , that you want to use the bank run on ?
Mr . Frantz replied , the lower road bed is approximately 4 , 000 feet
and the upper portion from Coddington Road to Northview is between
7 , 000 and 8 , 000 feet .
Councilwoman Raffensperger remarked , they will let us keep the
cinders that are already there ?
Mr . Frant.Z1 replied that he hoped so .
RESOLUTION NO , 323
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the design change for the surface , as described by Assistant
Planner Geiorge Frantz ,
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
TRUCK # 3 BIDS
RESOLUTION NO , 324
Motion by Councilman Bartholf , seconded by Councilman Klein ,
WHEREAS , the six bids for the replacement for Truck # 3 were opened
on December 5 , 1989 , and
Town Board. Minutes 11 December 11 , 1989
WHEREAS , Beam Mack net all specifications and was low bidder for
the cab and chassis , and
WHEREAS , Roberts Equipment met or exceeded all specifications and
was low bidder for the equipment to out fit the truck ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby accepts the bid from Beam Mack for $58 , 990 for a 1990
RB600 Mack Truck and accept the bid from Roberts Equipment for
$ 19 , 891 to out fit the new truck , both bids to be accepted
effective January 1990 . No purchase orders will be sent to vendors
until the beginning of 1990 .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
CLEANING SERVICE
RESOLUTION NO . 325
Motion by Councilwcman Raffensperger ; seconded by Councilman
Whitcomb ,
WHEREAS , the custodian has been ill and unable to perform his
cleaning duties at Town Hall , and
WHEREAS , the Town Hall needs regular cleanings for the health and
safety of employees and Town residents ,
NOW THERF,17ORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby ratify the hiring of ABC Cleaning Company through
December 31 , 1989 for the purpose of cleaning Town Hall two half
days per week at $ 15 . 00 per hour . The hourly rate includes all
supplies and equipment necessary to perform the functions .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
TEMPORARY CERTIFICATE OF OCCUPANCY FOR MAPLEWOOD PARK APARTMENTS
Andrew Frost remarked that as the Board knew, we had two problems
relative to plumbing approvals at the Cornell Maplewood Park
Apartments project . It was requested by Cornell in a letter that
he wrote to the , to Harry Mac Pherson who is here tonight as
Director of the Construction Management to address the two issues .
The two issues are as follows : ( 1 ) Type M copper was installed in
the potable water lines fron -the point of entry at the ground
surface to the connection under each housing module unit of the
codex . New York State Fire Prevention and Building Code , Section
904 . 60 requires that Type L copper be used . Basically Type L
copper is a thicker type copper and will last longer and is more
durable than Type M copper . He stated that he would not consider
that in any way to be a health safety issue at the time being .
Cornell is proposing to upgrade that piping and and he would go
back to this later . The second problem that was noted through
Bolton Point , the Town plumbing inspectors for public water and
sewer supplies , was that we had approximately 24 out of 30
buildings ,, each building containing anywhere from four to perhaps
eight dwelling units failed the air pressure test on their drain
waste and vent system on basically your waste lines . What the test
involves is basically plugging up the lines , pumping air into it
with a pressure gauge , if the gauge holds at whatever pressure they
are up to it is fine , if the gauge drops then you are leaking air .
24 out of 30 buildings leaked air . He stated that what he
Town Board Minutes 1 12 December 11 , 1989
requested from Cornell and what he has received was that they
submitted a report from a New York State licensed professional
engineer who is here tonight as well and indicated the scope of the
plumbing deficiencies and specifically addressing any :health and
safety ha.,ards that might be involved with the continued occupancy
of the dwelling units . He stated that he also asked for and had
received a specific timetable for repairs of the plumbing
deficiencies including an anticipated date for obtaining approval
from Bolton Point .
Mr . Frost went on to say that a couple of things have happened , the
letter that has been received was submitted by Charles Wilson
Engineering who he believed was an engineer specializing in
plumbing and other mechanical systems and is here tonight and he
stated that he might call upon him to stand upon what he presumed
to be the problem and the remedial actions , if the Board wants to
hear them .
Charles Wilson stated that there were two problems at the Maplewood
complex , one was the presence of , as Andy has just discussed with
you , the use of Type M copper tubing versus the code approved Type
L copper tubing . There is no question about it it is wrong , it is
the wrong stuff . The University has indicated that they are going
to change all of that and put the correct material back in again .
The difference between the Type M and the Type L is the thickness
of the tubing . The heavier tubing gives you better corrosion
resistence , so down the road the building has a better life time
with the heavier tubing and of course we have an interest in doing
that because we want to make sure that our buildings have a
reasonable life time so that they don ' t disintegrate quite so
quickly , in short term it doesn ' t create a problem . The other
problem is more difficult . The Town has used an air pressure test
on the plumbing and these units are being subjected to a test that
is a little different than what we normally do . My family has a
plumbing contracting company and has for the last 30 years and the
traditional test that plumbers have always used have been roughing
based test where you fill a system full of water and you see if it
will hold pressure . But these units were manufactured off site ,
they are manufactured housing and they put together a bunch of
these modulars or boxes as they come in , manufactured in Ohio and
they bring them here and they assemble them on site . Because they
get here with the fixtures already plugged in that type of test
just really can ' t be done because the fixtures themselves won ' t
stand that pressure , so in order to do a test the New York State
Code recognizes an air pressure test which is a test at a lower
pressure but it also tests more extensively than the traditional
test . It tests not only the roughing but all the connections
between the. roughing and the fixture . The roughing is what is in
the wall and what you can ' t see underneath the house . These is
trim that is attached between the roughing and the fixtures so that
test tests the whole works , the fixtures , trim and the roughing .
So far so good , so you understand why we are using a different test
than we normally do , and the test results were not good ., Most of
these units failed . The question was okay , now they failed what do
we do , what is the problem? Mr . Wilson continued , now as your
engineer ha. stated that he could go just so far with this and he
stated that he would explain the limits of what your engineer can
do . The plumbing industry support only so much technology and he
stated he would tell the Board which part it does support , it tells
you what you should do , it tells you that if you do have an air
leak the risk is that there are gases in the sewer than can escape
in the house . The gases in the sewer are methane and. hydrogen
sulfide . For that reason , for years this test has been required
and that ' s what we are tying to protect against .
Town Board Minutes 13 December 11 , 1989
Mr . Wilson continued , at this point the whole thing is assembled ,
where the leaks are exactly we don ' t know . So we proposed two
things that might help . One part of it is to do scene testing to
see if these gases were present . Now that isn ' t done under the
direction of your engineer because environmental testing isn ' t
supported by the plumbing industry , they don ' t tell you if you
don ' t have a tight system what you do about it . They don ' t tell
you that , they say make it tight , if it ' s not tight then what , they
don ' t tell you . Sane common sense could be applied here . The
sense says okay if you have got the risk you should see if you
can ' t do some testing and Environmental Health from Cornell ,
actually instead of just testing the housing units they actually
went into the sewer , the source of this gas to see what would
happen . They test something like 40 laterals and . . . . . . . . . .
Mr . MacPherson remarked , 45 laterals .
Mr . Wilson continued , 45 laterals and they came up with virtually
undetectable , below the range of the meter , of the two gases they
were looking for which were methane and hydrogen sulfide . That ' s
not totally unexpected because of the large number of vents that
are in that facility . That ' s probably on the positive side , it
would tend to show you that at least during the time they are
metered in that particular sewer it looked like the risk . . . . it
would indicate the risk was low . He went on to say , what else
could you do , you could . . . . well the Town does not require house
traps and so these units were put in without house traps but house
traps are an advantage because if you put a house trap in the line
and there is gas in the sewer it acts like a check valve for gas ,
would be one way to say it . In other words , it makes it difficult
for the gas to get back up into the house . There is still the
possibility that if you have sane sewage in the line as you are
getting from the toilet back down to the house trap but that sewage
is only in the line for a short period , so as a practical matter it
is certainly something that would tend to "migitate " that risk . So
we said tw :) things , one , do testing , Charlie Wilson isn ' t doing the
testing but Environmental Health is , they have experience with
similar types of situations where there are , . . . you know what do you
do when you are in a situation that have the potential , you think
there might be something toxic or obnoxious you could test for it
and they are doing it . The other side was from an engineering
standpoint , what could we do to "migitate " the risk until we can
get all of it tight , why don ' t you try house traps ? In the
meantime , the University has actually started testing some of these
and one of the things that he was concerned with was that we have a
lot of leaks , because we don ' t know , the tests came back negative .
So what ' s wrong , we don ' t know what ' s wrong . So over last Thursday
and Friday he stated that he suggested that why don ' t we take a
couple of these units and see what is going on . So we have taken
so far , scanething like two of the units out of 170 so that ' s a
small data base so you know you can ' t extrapolate too far but out
of the two that we have taken a good look at , it turns out that the
reasons they were not passing were pretty trivial they were . . . . at
the factory where these things were built , these units are
manufactured off site and are inspected off site , not by New York
State inspm.ctors but by an inspection agency that New York State
sort of delegates their authority to them . When they tested them
in the factory they did the roughing test but they never It did this
trim test that we are now exposing them to , so they never tested
all these :Little traps . Well when we walked into these , the traps
or underneath your sink you have a little trap with a bunch of nuts
in there , well they were all loose so no wonder these things
weren ' t passing . So , all we did was tighten up the nuts and they
seem to pass good . Based on that it may be that the problems are
not real severe over here . But again we are extrapolating from a
tiny little data base . So we have two problems , one is what do you
Town Board Minutes 14 December 11 , 1989
do right this second and what do you do long term . So we looked at
the problems and said what can you do to "migitate " it short term
and then long term . Is that an answer?
Building Inspector/ Zoning Officer Frost replied that in essence he
might try to briefly summarize in part . The bottom line is that he
did not think anybody could rule out with 100 % assurance that even
under normal conditions , say that the buildings tested out without
any leaks ,, tomorrow or next week something is going to spring a
leak and we may get some kind of gas coning through your building .
So as a bottom line what Wilson Engineering is recommending , the
installation of house traps with fresh air vents will mitigate the
highest and most probable cause for any kind of risk that will
involve s(�wer gas . With the presence of the house trap and the
fresh air vents any gases that might be in the waste lines within
the building is going to consist ultimately of perhaps of what was
Just flushed down th sink or down the toilet , it will be very
minimal . In a lengthy conversation with Ted Wixom from Bolton
Point , he endorses their plan for house traps and fresh air vents
and feels and said to quote him if he ( Frost ) felt it was necessary
but he basically feels that it would be very unlikely that in the
presence of house traps with fresh air vents that there would be
any degree: whatsoever of sewer gas coming into the building . Mr .
Frost staged that he felt the Board has to be aware that that
doesn ' t say 1000 . He thought the risks were minimal in the
presence of house traps and fresh air vents but he did not think
anyone was willing or would he be willing to say that that ' s 100 %
assurance that gas wouldn ' t leak in . He went on to say that
Cornell and he guessed he had forgotten that he had gotten copies
of the letter to the Board , that Cornell is proposing that by
January 26 and to quote from their letter , they will start
installation upon Southern Cayuga Lake Intermunicipal Water
Commission approval of individual house traps and complete by
January 26th . What they don ' t note in there is the fresh air
intake which is basically a sewer riser pipe that comes up above
the ground with a little cap on top of it that will permit air to
cone through . He thought this was part of the proper venting and
he assumed. that although it was omitted on the letter , that the
fresh air :intake is to be included .
Mr . Mac Pherson remarked that they assumed this was part of the
system .
Mr . Frost continued , so they are proposing to have that by January
26th . He stated that he was comfortable . . . . the sooner they get the
house traps in and it ultimately is the Boards decision in terms of
the certificate of occupancy , the sooner the better in his mind but
he would be comfortable that this would greatly minimize any risks
due to the leaks that were experienced under the air pressure
tests . Being a part of again a professional committee on factory
housing , one of the more common problems , he wouldn ' t say it was
frequent , but common to the extent of comparison of other problems ,
but plumbing has been a problem and it doesn ' t surprise him and he
actually got a call Sunday night from one of the Cornell people
indicating that they found some strange plastic nut underneath one
of the sink traps and they think that might be the cause of the
leak , perhaps in all the units . Something as simple as that would
not surprise him that that is the majority of the problems through
most of these buildings . He stated that he was comfortable with
their proposal for house traps with fresh air vents by January
26th , he stated that he was further comfortable with their proposal
of beginning to change the Type M copper to Type L copper he
believed commencing on February 2nd and correcting all the repairs
and ultimately obtaining final approvals on the plumbing by August
15 , 1990 .
Town Board Minutes 15 December 11 , 1989
Mr . Frost continued , lastly but not least he was just given a
notice that Cornell has done on December 7th and given to the
residents of Maplewood Park basically informing them . . . . he asked
the Board if they wanted him to read the letter . He then read the
following letter addressed to Residents of Maplewood Park , 201
Maple Avenue , Ithaca , New York , 14850 , dated December 7 , 1989 ,
from William P . Paleen , Director :
"As a result of testing of the plumbing system in Maplewood Park by
the Town of Ithaca two problems have been identified which require
corrective: work . The purpose of this letter is to inform you of
these problems and to describe the plans which have been proposed
to correct. each . These plans have been communicated to the town of
Ithaca and are subject to approval by the Town Board at its meeting
on Monday night , December 11 .
The first problem is the gauge of copper tubing used to connect
each building to the water supply system . This tubing does not
comply with State of New York code and will be replaced with tubing
which does . The present installation is fully serviceable and the
replacement , will cause a very short interruption in water service .
This work will occur in the crawl space under each building and
will begin in early February . A specific schedule and advance
notice will be provided .
The second problem involves the waste line and air vent sections of
the plumbing system which when tested were found to leak air . This
is a somewhat complex problem which we have proposed to address in
a sequence of steps through which the exact location of air leaks
will be determined and necessary repairs completed . These steps ,
in sequence , are summarized as follows .
1 . Cornell ' s Department of Environmental Health has tested
-the sewer line in each building and verified that no
potentially harmful gases are present . This testing has
just been concluded and routine follow-up tests will
continue .
20 The installation of an additional plumbing trap and fresh
air vent where the sewer line leaves each building will
begin immediately . This will provide further protection
against the possibility of gases backing up into the
apartment plumbing system . This work is scheduled to be
completed by January 26 , 19900
30 The plumbing systems within each apartment will be tested
-to identify exactly where air leaks are occurring . This
testing process is scheduled to be completed on or about
February 15 , 1990 . If the leak can be easily corrected ,
- he repair will be made immediately . However , should the
problem require more extensive work that repair will be
scheduled for a convenient time . All necessary repairs
will be completed by August 15 , 1990 .
The above plans have been developed under the direction of a
licensed engineer who is a plumbing expert . Further , the Chief of
Operations of Southern Cayuga Lake Intermunicipal Water Commission
has been involved and has endorsed the proposed plan . In addition ,
the staff of Cornell ' s Department of Environmental Health have been
directly involved and are available to respond to any questions you
may have . They may be reached at 255-4862 . Questions may also be
directed to the Resident Advisors in Maplewood Park and to Charles
Jankey or me at 255-5511 .
We will provide specific information to each of you when any of the
above steps involve work within your apartment or interruption of
Town Board. Minutes 16 December 11 , 1989
services is going to occur . Notices will provide sufficient lead
time to minimize disruptions to you .
Thank you in advance for your cooperation . "
Councilwoman Raffensperger remarked that there was no mention in
there , in number 3 of the letter the Town Board received , and it
says that Cornell plans to "offer occupants access to monitoring
inside housing units on an as-requested basis " , that daE�sn ' t seem
to be mentioned in the letter he just read or did she miss it?
Mr . Frost replied that he did not think it is . He then passed out
copies of the letter .
Councilman Whitcomb asked , what does that mean?
Mr . Frost replied that he thought what they were saying was that if
an occupant wants to see the test results of their unit. they are
available .
Mr . MacPherson replied that what that also means is that if an
occupant assumes or thinks they do smell anything the Environmental
Health people , who are open 24 hours a day , seven days a week and
that is normal anyway , and somebody will come up and put the
sniffer inn. , as it is called , in the building , in the closet or
where ever they might smell anything and they can weed out what
that odor :is . Anything from fish fry to checking plumbing out .
Councilman Whitcomb replied , are these gases that we are talking
about easily identifiable by odor?
Mr . MacPherson replied , in advance of their levels of health
hazards .
Mr . Wilson replied , wait a minute the hydrogen sulfide gas has a ,
he stated that he was not speaking for Environmental Health because
these are the people who are experts in that , but in talking with
them there is something like a factor of 500 difference between the
point at which the odor of hydrogen sulfide is noticeable from the
point which is the toxic limit value so the number should be
verified by someone who is an expert in this but is the basic idea
and that ' s a nice feature . It ' s something that self alerts , in
other words something what typically happens is that it becomes
offensive well before the toxic , before you get to the toxic limit
values and for that reason typically one of the things he did was
to ask just anecdotally whether anybody had ever had any experience
with anybody ever being harmed by this gas . He stated that he
talked to Ted Wixom and advanced data from Cornell and also to his
own people and he had to be carful how he interpreted the following
information , nobody could immediately remember that anybody had
ever been harmed . Although , in his own experience he noted that he
had been exposed to a building in which there was sewer gas and you
could smell it so he . . . . again that ' s anecdotic evidence and it ' s
not proof of anything and records haven ' t been kept that he knew of
but in a lot of years of exposure to it he had never seen an
adverse effect . One that doesn ' t mean you don ' t be careful , it
doesn ' t mean you don ' t take these steps but just historically and
the character of the gases you tend to , it tends to stink awfully .
Councilman Whitcomb asked if the same was true for methane ?
Mr . Wilson replied , that ' s not true for methane . Methane is
basically the same material that is in natural gas primarily .
Methane has no odor that he knew of .
Town Board Minutes 17 December 11 , 1989
Mr . Frost added , that they do , he thought , add odor to it .
Mr . Wilson replied yes , when you smell gas coming out it ' s not the
gas that you are smelling it ' s an odorant that they put in there .
Town Attorney Barney asked if the units were occupied by families
with small. children?
Mr . MacPherson replied some of them are , yes .
Town Attorney Barney replied , so in terms of even the odor in a
situation where you have a small child or a baby in a crib it is
not really self altering .
Mr . Wilson replied that he thought you want to take the self alter
qualities definitely anecdotally . Number one , sewer gas is not a
precision product . You take the sewage , you run it down the pipe
whatever comes off canes off . . . . . he stated that he should repeat ,
you should take the anecdote data with caution sewage gas is not
Town Attorney Barney remarked , your letter says , " I cannot help you
access or qualify the hazard " , basically your expert opinion is
that you can ' t render an opinion , was he right?
Mr . Wilson replied yes , the engineering will no do that . That goes
really to .Environmental Health . We can tell you what you ought to
do but if you don ' t do it , then what ?
Town Attorney Barney replied , in reading this through it is the
timing that is very great here , you are talking about going through
basically a full year after these are occupied , several months ,
many months after they were pranised test results , test results
were promised and that he had to ding Cornell several times to get
the tests done and now the tests show problems and we are talking
about waiting another eight or nine months until the corrections
are made ? Is that really what your proposal is ?
Mr . MacPherson replied , that is what our proposal is , yes .
Mr . Frost remarked that he thought , as Ted Wixan explained a couple
of things , . . . . . years ago he got involved with a little child that
drowned in a septic tank , you don ' t often hear about people or kids
drowning in septic tanks , things do happen no matter how remote the
risks may appear , things do happen and you have to recognize that .
In the terms of the degree of risk , Ted Wixan was fairly adamant of
the opinion that the presence of the house traps with the fresh air
vents will prevent the majority of the sewer gases you would expect
to find in a waste line beyond the building from getting back into
the building .
Town Attorney Barney speaking to Mr . Frost stated that he
understood that but his question really was why does it have to
take so long , why wait until August 15th to finish it?
Mr . Macpherson replied , to get into the buildings . It ' s a matter
of expediency of the tests and we will continue to go along the way
we started out last Thursday . It ' s isolation tests that are
isolating the individual units . It ' s just going to take time ,
there are just so many hours in a day and we have to have Bolton
Point available to verify the tests , to cane back in and read the
meters . maven though they have promised us an individual would be
available he must be available when we are ready with testing and
you can ju:3t put so many people underneath these units everyday .
Town Board Minutes 18 December 11 , 1989
Town Attorney Barney replied , but in terms of testing there is
nothing preventing you from doing the tests without Bolton Point
being there to find out whether you got a unit you think will pass .
Mr . MacPherson replied , that ' s what we are doing right now .
Town Attorney Barney remarked okay it seemed to him that you are
going to do that and you are going to make the corrective work , you
don ' t need. Bolton Point there for the corrected work .
Mr . MacPherson replied , we do after the corrected work is done .
Town Attorney Barney replied , once it ' s done but when your tests
indicates that the unit is satisfied , satisfactory , then you can
call Bolton Point in and duplicate the test . He stated that he
took it that the test was not a major . . . . . .
Mr . MacPherson replied , the test is a short test but again to
expedite the process it ' s best to complete the repair , make a test
and then have Bolton Point there immediately . Not to go back . To
do the test you have to take the trap off in the house in each unit
and it is best if it is done right at the time so that we don ' t
disturb the residences as much as we could if we just keep going
back in .
Town Attorney Barney asked , you are Mr . MacPherson , are you?
Mr . MacPherson replied , "yes I am" .
Town Attorney Barney asked , why does it have to go to August 15 ,
1990 ?
Councilman Klein remarked , how do you arrive at that date ?
Mr . MacPherson replied , there may be units that we may not be able
to get in . We wanted to give ourselves time up through graduation
when after that time there will be more units available between
semester breaks and school year operations . We are working with
Residence Life and trying to get in the buildings and not cause
discomfort to the residences . But it does mean if we have a major
repair , if one of these fails and we can ' t just by tightening up
some of the fittings which the first two indicated and we passed
them immediately , if it turns out that we can ' t solve it easily and
we have to start tearing a wall or something we will be disturbing
residences . We just want to leave ourselves enough time so that if
there are °'X" number of units that we can ' t get a good test on that
we at least have the opportunity to do during the down time when we
can get into the building and tear it apart .
Town Attorney Barney replied , but Mr . MacPherson these are supposed
to pass before people move in . you are putting the Town at score
risk here . We are being asked to extend a temporary certificate of
occupancy and he did not get a sense of urgency here to get this
thing resolved , fixed .
Mr . Wilson remarked that he should explain one thing . The testing
is not as simple as it appears right off the bat . Each of these
units has got several apartments in them , the apartments are all
interlocked through the drain , waste and vent piping . Now we have
had tests on the whole assembly and they failed . Now unfortunately
that doesn ' t give you any information about where the problem is .
So what we have to do is go in and isolate a small section , test
that and then if possible fix it right on the spot . Now one thing
we know , we ' ve got very little data . We ' ve just started and we are
trying to :project from a data base this big ( shown by hands ) on a
project this big ( shown by hands ) and he stated that he has learned
Town Board Minutes 19 December 11 , 1989
this , we have got to get some more experience which they were doing
right now . But the testing and repairing process with occupied
units is taking some tip . We have a crew of three guys , managed
to test two units in one day , now he expected as time goes along
their experience is going to help then out a lot . But you have to
coordinate! this you know , because you are going to shut the
plumbing clown in those units that you are in so you have to give
them advanced notice and then you have to coordinate with Bolton
Point to witness the test on the other side as soon as you get it
set up , otherwise you would be tearing the test up and setting it
down again. , twice .
Town Attorney Barney replied that he was sympathetic to that but
you could get more crews and if you have to set it up a couple of
times that ' s the price you pay for putting people in those units
before yoiut pass the test . He remarked he did not know , it was a
Board decision but that he was concerned as the legal advisor to
the Board with the exposure that is out there . There is a couple
of things in that letter that he had understood that at least the
Board was going to talk about , one is , the additional language to
item 3 in the letter , but also he thought there was some discussion
that there ought to be seine opportunity for people who don ' t want
to live there to move to some other kind of quarters and he did not
see that in the letter . The other thing he really did not want to
see in there was the statement that the Bolton Point person has
endorsed the proposed plan , he did not know if that was true or
not , he mazy have , he many not have but he also happened to be legal
council to Bolton Point and he really did not want to have that
spelled out in a letter that was going to these tenants .
Mr . Frost stated that he just wanted to clarify as well
as . . . . . before we permitted occupancy the plumbing outside of the
buildings was tested and tested to be satisfactory . There is a
protocol involved in which factory housing once they are approved
through the process of New York State and they leave the factory
technically an inspector is not required to do the test . We ended
up getting some communication that Bolton Point had with the
Division of Housing and Commuter Renewal in New York City which is
one of the lead agencies in building code that indicated that if
one of the state inspectors suspected a problem then there was
nothing inappropriate or you wouldn ' t be breaking protocol by doing
the test so eventually the testing of interiors did occur . But
there was some plumbing tests done prior to occupancy with
approval .
Councilman Whitcomb asked when the present temporary certificate of
occupancy expired?
Mr . Frost replied , December 12th .
Councilman Whitcomb asked , what happens if we don ' t approve to
extend it ?
Mr . Frost replied that he would refer that question to the
Attorney .
Attorney Berney replied , we can go into Executive Session on that
but basically it ' s up to the Board to choose to enforce the . . . . it ' s
not legal to occupy those buildings without a certificate of
occupancy in place and if the certificate expires the occupancy
should cease and if it doesn ' t cease voluntarily you can take court
action to hold up the cease . He stated that his recommendation to
the Board would be to extend the temporary certificate of occupancy
but to shorten down considerably from this August 15th date the
completion date to something like June 15th and may be to even a
little shouter than that and also to extend the certificate for
Town Board Minutes 20 December 11 , 1989
only a matter of two or three months and bring it up for review
again .
Councilman Whitcomb remarked that also if the Board did that then
the resolution should also include that the present occupants be
offered alternative housing if so requested and that they be kept
appraised of all testing that is going on in their unit .
Councilwoman Leary added , and also that we be updated , say monthly ,
as to how the tests are progressing like what percentage of units
have been tested so we see that you are not saving it up until
June .
Councilman Bartholf asked if most of the people in the apartments
were going to be here during the holidays ?
Mr . MacPherson replied , yes .
Councilwoman Leary added , they are foreign students , grad students .
Councilman Bartholf remarked , that would be an ideal time .
Mr . MacPherson remarked , these are not undergraduates they are
graduates who are here full time , that ' s another impact on getting
into the buildings .
Councilman Whitcomb asked Mr . MacPherson if they had encountered
resistance from the occupants to letting them in to do the testing?
Mr . MacPherson replied , no .
Councilwoman Raffensperger asked if the letter had already been
sent to then , the one dated December 7th from Mr . Paleen?
Mr . MacPherson replied yes , it was sent last week .
Mr . Frost remarked that he would like to make a couple of
additional ccnments . By the nature of the manufacturing process
they were lucky because the problem of the number of units that are
produced in a period of a day or a week , and the fact that there
may be one individual putting the trap in the kitchen sink the
problem could quite possibly be all related to that one kitchen
trap . He went on to say that he would suggest in part what
Councilwoman Leary has suggested , perhaps monthly temporary
certificates of occupancy if you are going to want a report on a
month basis , extend the certificate on a monthly basis . Secondly ,
it was ncat clear to him and perhaps there should be further
discussion in terms of the monitoring . Are you proposing ,
particularly in his mind , prior to the complete installation of
house traps with fresh air vents , are you proposing daily
monitoring ,, weekly monitoring ? He stated that his concern would be
that until. the house traps are in , what is the frequency of
mo nitoring that is going to take place for the units ?
Mr . MacPherson replied , whatever you would like us to do .
Mr . Frost replied that he did not know what to suggest to the
Board . Daily is an ideal situation , perhaps hourly could be an
ideal situation , weekly could be a practical situation .
Mr . MacPherson remarked that their intent on that was to use the
advise of the Environmental Health , they are expert in that issue
they have clone the initial tests and will continue the process . We
haven ' t gotten the specific frequency .
Town Board Minutes 21 December 11 , 1989
Assistant Engineer Erik Whitney remarked that often is not in
wastewater treatment plants , he stated that he happened to be an
expert in that area as he had worked in that area for a long time ,
don ' t want to use the word expert , but you can get continuous
monitoring in one manhole in the main which would probably offer
protection to most of the houses up there with hydrogen sulfide and
methane with a portable unit of some type .
Mr . Frost replied , so perhaps monitoring the manhole on a on-going
basis , would such a monitor provide an alarm signal ?
Mr . Whitney replied , it can be wired into a light or sonic alarm .
Mr . Frost asked if it would be automatic any time of day?
Mr . Whitney replied , likely as not that methane or hydrogen sulfide
would not be produced in house laterals but would be produced in
the mains as a result of plugged and long term standing sewage
degrading there . It usually does not happen in the mains unless
you have a plug or a situation of stagnation .
Mr . Frost replied , it makes the frequency less frequent once you
are in the houses versus outside the house ?
Mr . Whitney replied , yes . He stated that he had never heard of it
in the house . We get the OSHA reports and the Public Works reports
routinely in a handbook of public works people dying in the
manholes because of hydrogen sulfide at the plants but almost never
in the residences .
Mr . Frost remarked , that he would perhaps propose that the Board
consider monitoring with an alarm signal in a manhole so -that there
will be at least around the clock monitoring and perhaps . weekly or
by-weekly monitoring of the building with temporary C 0 ' s to run on
a 30 day basis . He stated that it was his feeling that the house
trap and fresh air vents are important and the sooner the better
and that he personally would be a whole lot more comfortable once
those go in and perhaps the Board might want to consider more
frequent monitoring of the units until the house vents are put in .
He went on to say that there are a number of older buildings some
of which you may have sat in , that probably do not have proper
venting on plumbing systems . It is not an uncommon thing to find .
Counci1wcm3n Raffensperger stated that one of her concerns about
this is that when the last so called temporary certificate of
occupancy was issued there was a notation in the letter to Cornell ,
as she recalled , about the notification of residences and she noted
the letter going as a notification but she stated that if she was a
resident she did not think she would be able to access the
potential quality of the problem because what it talks about is the
copper tubing which certainly as she understands it has no health
or safety elements to it . But it says that the plumbing system
when tested was found to leak air and it continues that kind of a
narrative and it doesn ' t seem to her that the residences have been
given the :information on which they might say , oh , oh , you know , we
smell something , we smell sewer gas or whatever and we had better
notify the Environmental Health Department at Cornell . She stated
her concern was the way in which this is first of all worded , it
does not seen to give adequate notice of what we understand from
your letter is that it is at least a potential health and safety
problem . And , for the Town to give a temporary certificate somehow
or other , she was concerned about our liability in inadequate
notice to residents . She went on to say that if she read it she
did not think she would understand precisely what she now
understood to be the case .
Town Board Minutes 22 December 11 , 1989
Councilwoman Leary remarked that there needs to be another letter
clarifying that and she felt as Councilman Whitcomb had suggested
offer alternative housing .
Town Attorney Barney added that he thought it should say something
like if you smell anything contact us immediately . You are talking
about self monitoring but nothing in this letter suggests they
ought to do it .
Mr . Frost replied that he thought that was important . Under the
worst case scenario and again the changes , once the traps are
installed it may be a minimal possibility that gas will get into
the building but what happens at night when someone is sleeping
after a few beers or something , your nose may not be working to
good .
Town Attorney Barney replied that his concern was that he litigated
a case with , it wasn ' t methane it was carbon monoxide , where they
carted people out to a hospital because they were comatose from a
leaking furnace and he was uncomfortable with any kind of a
situation like that , where people are living , that they can
possibly have this kind of a thing happen and that is what disturbs
him . He stated that he realized that carbon monoxide was a little
bit different than this but never the less the principal is the
same .
Councilwoman Raffensperger stated that she at least had no desire
not to renew the temporary certificate because the result of that
is that these people would have to be relocated or whatever . But
she really was concerned about the quality of the notice of the
potential hazard to the residents , since in someway the Town is
sharing in this responsibility by issuing a temporary certificate
and she did think the Board needed to change the expectation of
when all of the repairs to the system would be accomplished and
that we should issue the temporary certificate of occupancy on a
month to month basis and should require that there be continuous
monitoring in the manholes for the protection of the residents .
Councilwomann Leary added , and weekly in the units and a report back
to us before the temporary certificates are renewed as to progress
of the testing of the units for leakage .
Councilman Whitcomb remarked that he guessed he would second that
motion . Fie then asked Councilwoman Raffensperger if she was
putting that in the form of a motion?
Mr . Frost remarked , could he just add something , he asked whether
the Board or whether Cornell wanted to address the possibility of
speeding up the January 26 date for installing the house traps ?
Mr . MacPherson replied , there is no way we can do that . It will be
very close if we can make that date considering the weather , we
will be working outside the building not inside the buildings .
Considering what the conditions will be we will be hard pressed to
make that (late . We will make every effort to make that date .
Councilman Klein asked , how many do you have to install ?
Mr . Wilson replied there are 42 laterals but out of that 42 he
thought three or four already have house traps , so anyway ,
something on the order of 40 .
Mr . MacPherson replied , between 40 and 50 .
Councilman Klein asked , two a day or so?
Town Board Minutes 23 December 11 , 1989
Mr . MacPherson replied , well they have been outside .
Mr . Wilson remarked , they have to excavate 4 and 6 feet in some
cases . It: takes at least a day .
Mr . MacPherson remarked that that is why they would be hard pressed
to move the date .
Mr . Frost remarked , you have documentation on paper that indicates
that all of the units have been tested and all have been found to
be negative at this point ?
Mr . MacPherson replied , all of the ones that have been tested .
Mr . Frost replied , that he thought Cornell had indicated that all
of the units had been tested for gas .
Mr . MacPherson replied , yes .
Mr . Frost continued and they all have been negative ?
Mr . MacPherson replied , all have been negative .
Mr . Frost continued , perhaps we can request that documentation , say
by tomorrow prior to renewing the certificate ?
Councilwoman Raffensperger replied that she would make that a part
of the resolution , that we receive the test results by tomorrow
before the temporary certificate of occupancy is issued .
Councilman Whitcomb asked , what do you feel is a more realistic
date for om pletion than mi&August?
Councilwoman Raffensperger replied , well if you are going to do it
on a month to month basis we can make it the first of June and see
what kind of progress is being made on a temporary basis and
evaluate it on a month to month basis .
Councilwoman Leary added , and there will be reports each time to
advise us of the testing .
Councilman Whitcomb remarked , your resolution did not include any
mention of another letter being sent out .
Councilwoman Raffensperger replied that she thought she had started
with that . She asked , how does the Cornell contingent feel about
it , she stated that she felt very strongly that the residents have
not been properly warned of a potential hazard and their important
part in notifying the Environmental Health at Cornell , you know , if
you smell something call .
Councilman Whitcomb asked , if another letter is sent would you like
to review that John ( speaking to the Town Attorney) ?
Town Attorney Barney replied that he would be happy to .
councilman Whitcomb continued , it also should include the offer of
alternative housing should a resident so desire .
Councilman Klein remarked that he would also like to add that may
be , not a circumstance that would occur , but should a unit become
vacant prior to it ' s being signed off it should not be reoccupied .
The Board agreed this was a good idea .
Town Board Minutes 24 December 11 , 1989
Mr . Whitney remarked that the hydrogen sulfide when it is in legal
concentrations you will smell it very briefly then it numbs you
very quickly and you won ' t smell its By the time you stop smelling
it you are down and out . It ' s not something you can go on scent
because by the time it ' s got you it is in legal concentration and
by the time you smell it it becomes repulsive and it is usually
over . In lower concentrations , yes you can smell it .
Councilwoman Raffensperger remarked to the Town Attorney , given all
of the elements that we have put into this resolution to authorize
a temporary certificate of occupancy how do you access the
liability of the Town of Ithaca , given the engineering report and
all of the information we have received?
Town Attorney Barney replied , if somebody were to die there or
become seriously injured , brain damage , or something of that nature
he felt the principal exposure would rest with Cornell , it ' s their
property , it ' s their building and they are letting people stay in
there under these circumstances , but there is always a risk there .
Fortunately in this circumstance you have a "deep pockets " owner
and that ' s obviously the first line of attack from anyone who is
interested but the Town could get caught and that was why he was
concerned about getting the things done and up to snuff so that we
can sign off on it .
Councilwoman Raffensperger remarked , so we have a resolution which
she had moved , she did not know if we had a second .
Mr . Frost asked if he could just ask one more question? He went on
to say that if he understood it correctly and directed Mr . Wilson
to correct: him, even though , for example , the joints within the
building vent itself may leak air the tendency would be for air to
be sucked in from the building into the vent and not actually blow
gas out?
Mr . Wilson replied , you have to be careful in answering that
question . Generally that is correct , generally it should be under
a negative pressure during the stack test but if you ask
technically what can happen in all possible modes of operation ,
there are brief pulses where you get positive pressure . If you are
between the toilet and something else and you have a discharge you
can get a .brief positive pressure burst but in general because the
air within the stack is being warmed it has a lower density the
tendency is to get air being sucked in .
Mr . Frost asked , are you aware than that there are and it is
feasible to put monitoring devices in the manholes with an alarm
feature ?
Mr . Wilson replied that he should say that that is not his area of
expertise , the monitoring . But it certainly makes a lot of common
sense .
Mr . MacPherson asked if the equipment was available for them to
borrow?
Mr . Whitney suggested Mr . MacPherson contact Gary Gleason at the
Ithaca Area Wastewater Treatment Plant . They have a portable model
down there and he knew they would probably be able to put them in
touch with the outfit that does provide them .
Mr . Frost stated that he was personally uncomfortable in the
absence of the house vents and the fresh air vent , he stated that
he would be a lot more comfortable if that stuff was in and he
certainly would be a lot more comfortable if they were immediately
able to put: in the monitoring device .
Town Board Minutes 25 December 11 , 1989
Councilwoman Leary replied , until they get the manhole monitoring
device we should require monitoring of the units because you can do
that , right?
Mr . MacPherson replied if we could discontinue doing that it
certainly would give the presence right at each building rather
than going downstream, as he did not know where the first manhole
was .
Councilman Whitcomb asked , how frequent are you doing that right
now?
Mr . MacPherson replied , we just concluded the first testing last
Thursday .
Councilman. Whitcomb replied , and it took how long to do all the
units ?
Mr . MacPherson replied , about a week .
Mr . Wilson remarked , presumably you could test using the testing
equipment that we have if we get access to the manhole you could
test the manhole with the equipment that is there , he believed .
You go there and test it and that ' s it .
Mr . Frost asked , can that be done hourly? Is there staff enough?
Mr . MacPherson replied no , we don ' t have enough staff we would have
to hire . . . . . . .
Mr . Frost replied that he meant Environmental Health , do they have
enough staff?
Mr . MacPherson replied no , they would have to hire staff .
Councilwoman Leary remarked , so are we talking about weekly testing
of the units until . . . . . . .
Mr . MacPherson replied we will just continue testing until . . . . . . .
Councilwoman Leary remarked , of the manholes ?
Mr . MacPherson replied of each house not the manholes . Each unit ,
just let it be continuous .
Mr . Frost remarked that he guessed what he was saying was that the
possibility to get a device to set into the manhole with an alarm
device , the possibility is there that such a piece of equipment
exists . He stated that what his concern was was that if it takes
us a week -to get there what do we do in the course of a week?
Town Attorney Barney remarked , in the meantime you are monitoring ,
he assumed they were monitoring .
Both Councilman Klein and Councilwoman Leary noted it takes them a
week to get the device in manhole . . . . . . .
Councilman Whitcomb noted , in the meantime they are using the
equipment several times a day .
Mr . Frost replied , versus something that is in there and testing
around the clock . Every factor you get closer to a more ideal
situation is cutting your risks down . And right now we are at
perhaps the greatest risk situation , how do we mitigate in the
direction of less risk ? Around the clock monitoring unit , if it is
available , may take a week to get it in there .
Town Board Minutes 26 December 11 , 1989
Mr . Whitney replied that this was certainly easier and more
practical then moving the unit to the five or six manholes that
were there , during the daily rounds and that is where the hydrogen
sulfide would be present since hydrogen air and methane is being
generated and you would naturally pick it up in the mains rather
than the houses before it got there .
Mr . MacPherson remarked that he suspected that the logistics of
installing an alarm system sniffer in every main would take longer
than it would to have us continually test every single unit , which
we are doing now . An electric hookup with an alarm on it and by
the time we try to get it into a manhole would take longer than
just a continuous monitor as we are doing now.
Councilwoman Leary remarked , a continuous monitor only hits one
unit a week .
Mr . MacPherson stated that he would suggest with cooperation from
all of the residents they could probably do a complete cycle every
two days , two to two and a half days . We could probably cut it
down .
Councilwoman Raffensperger remarked that she thought then that in
the resolution that we are acknowledging that Cornell has said that
they will do the continuous monitoring of the individual residents
in the meantime she was sure , in their own interest , they might
like to look into the manhole alarm system as a possible more
efficient alternative . At least as a minimum of what we require as
a continuous monitoring of the individual living units .
Mr . Frost asked if it would be appropriate , within the resolution ,
that the Board recognizes that there is not a lot of published data
to indicate frequent hazard , accidents or injuries or death ,
whatever the case may be , due to this kind of problem .
Town Attorney Barney replied that that was already in there .
Councilwoman Leary remarked to Councilwoman Raffensperger_ that she
had heard that with the letter to go out , also including an offer
of alternative housing and also what Councilman Klein suggested
that if a unit becomes vacant it will not be reoccupied until a
permanent certificate of occupancy is granted .
Town Attorney Barney replied , that is part of the resolution .
Mr . Frost remarked , that they submit the data on the negative test
results for all the units prior to their getting their new CO
tomorrow?
Councilwoman Leary remarked to Town Attorney Barney , and you will
see the letter before it goes out?
Councilwcm n Raffensperger remarked , so we have this wonderfully
accumulative resolution , which she moved . . . . . . . .
Councilwoman Leary replied that she seconded it .
Mr . MacPherson remarked , the only thing you want from us by
tomorrow is the record of environmental testing , is that right?
Town Attorney Barney added , and a draft letter .
Mr . Frost asked if it was possible to review , can we re-review just
once again the order of things ?
Town Board Minutes 27 December 11 , 1989
Town Attorney Barney replied , we have it . We have public hearings
that we are behind on .
RESOLUTION N0 . 326
Motion by Councilwoman Raffensperger , seconded by Councilwoman
Leary ,
RESOLVED , that the Town Board of the Town of Ithaca does not object
to the Zoning Enforcement Officer continuing to issue temporary
certificates of occupancy for portions of Maplewood Park on a month
to month basis subject to the following conditions and
understandings .
1 . As soon as possible units with alarms be installed in
manholes in the facility to continuously monitor the
levels of methane gas and hydrogen sulfide gas . The
presence of any such gas is to be immediately reported to
the Town Zoning Enforcement Officer together with a
statement as to what corrective measures are being taken .
2 . Individual units are to be tested at least weekly for the
presence of such gases and if any are found are to be
likewise reported to the Town .
3 . The results of the monitoring are in any event to be
reported to the Town Board at least monthly and prior to
the reissuance of any temporary certificates of
occupancy .
49 By January 26 , 1990 individual house traps and fresh air
vents are to be installed on all units .
59 Isolation and stack tests are to commence immediately and
be completed on all units by February 15 , 19904,
6 . The Town Board shall receive the test results for all the
units which have been tested for gas , by December 12 ,
1989 before the temporary certificate of occupancy is
issued .
7 . All repairs needed to correct the sewer leaks are to be
completed by June 1 , 1990 .
8 . Another letter , to be reviewed by the Town Attorney
before mailing , will be sent to the residents of
Maplewood Park properly warning them of the potential
hazard and their important part in notifying the
Environmental Health at Cornell if they suspect or smell
an odor , and offering alternative housing to the current
residents .
90 Should a unit become vacant prior to its being repaired
the unit will not be reoccupied until all necessary
repairs have been made and a permanent certificate of
occupancy has been granted .
100 The Town Board shall receive monthly reports , prior to
the reissuance of any certificate , as to the results of
the test monitoring , the status of the house trap
installations , the status of the leak repairs , and the
status of the repairs to correct leaks disclosed by the
testings . If the Town Board or Zoning Enforcement
Officer is not satisfied with respect to any of such
reports the certificate may not be renewed .
Town Board Minutes 28 December 11 , 1989
116 If the Zoning Enforcement Officer becomes aware of any
fact or item of information indicating in his opinion
that a life safety hazard exists , he is authorized to
revoke any issued certificate without waiting for formal
Town Board action .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
PUBLIC FLARING TO CONSIDER APPROVAL OF FIRE CONTRACT WITH THE CITY
OF ITHACA
Proof of posting and publication of a notice of a public; hearing to
consider approval of Fire Contract with the City of Ithaca having
been presented by the Town Clerk , the Deputy Supervisor opened the
public hearing .
Deputy Supervisor Bartholf asked the Fire Chief , Edward Olmstead if
the City had cane up with any proposal yet?
Chief Olmstead replied that in the 1990 budget there is a
restricted contingency amount to cover the cost of adding four fire
fighters to the roster in 1990 . We asked for 16 , the Joint
City/Town Board of Fire Commissioners recommended 12 , six this year
and six next year .
Councilwoman Raffensperger asked , restricted upon contingency , what
does this mean?
Chief Olmstead replied contingent upon the Town of Ithaca agreeing
to modify the contract to add the four positions . It would be 1992
before the Town paid for these positions .
Dooley Kiefer stated that she supported the Fire Chief ' s desire and
need to have additional personnel and she hoped the Town Board
would see that also .
As no one else present wished to speak , the Deputy Supervisor
closed the public hearing due to the fact that the Town did not
have a copy of the contract or a copy of the resolution passed by
the City to modify the contract .
RESOLUTION NO , 327
Motion by Councilwoman Raffensperger ; seconded by Councilwoman
Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn
the public hearing on the Fire Contract with the City of Ithaca
until December 29 , 1989 at 10 : 30 A . M .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
PRESENTATION OF "TOWN OF ITHACA COMPREHENSIVE PLANNING PROGRAM
ANALYSIS & RECOMMENDATIONS REPORT" , "EXECUTIVE SUMMARY REPORT " &
PROJECT ADDENDUM BY STUART I . BROWN ASSOCIATES
Stuart Brown stated that his firm was hired to work with the Town
and to prepare an evaluation of the Town ' s existing comprehensive
planning program and to provide an assessment of future
opportunities and directions for improving the effectiveness of the
program . The project that they were retained to work with began in
February . For a couple of months they spent time meeting with Town
Town Board Minutes 29 December 11 , 1989
staff , City and County agencies and the two major educational
institutions in the Town . They prepared a preliminary draft report
for review by the Comprehensive Planning Subcommittee that had been
appointed by the Town and directed to work with his firm . He went
on to say that the preliminary report was presented in August and
that they had met several times with the Committee . The report was
accepted on the 10th of October and given to the Town Planning
Board for review and consideration . Upon receiving the document in
October -the Planning Board scheduled a public hearing which was
held on the 14th of November at which time they received public
comment on the report . Following the hearing they prepared an
addendum to the report . We have actually prepared three reports
for the Town ' s consideration . We are here tonight to officially
present these three reports to the Town Planning Board . He then
asked Ronald Brand , the project manager to give a brief overview of
what they had found including some of the highlights for future
actions .
Ronald Brand stated that he would address himself to the addendum
report and what they found as the result of public comments , as
follows :
1 ) A statement was made requesting that the Town create a
specific policy to include design features to insure accessibility
for handicapped persons as part of any site plan . We strongly
support this request , especially as it would apply to the design of
public buildings .
2 ) A request was made to clarify our recommendation (Executive
Summary Report , page 8 ) to establish an Architectural Review Board
and define the activities of such a board . The statement on page 8
should be modified to read as follows : The Town Board , Town
Planning Board and Town Planning staff should evaluate the need for
an Architectural Review Board . It is further recommended , that
should the Town decide to conduct a survey of Town residents , a
specific question should be asked which would elicit public opinion
on the need or desirability of establishing an Architectural Review
Board ,
3 ) A question was asked as to what would be a reasonable period
of time for the Town to prepare a Comprehensive (Master ) Plan . Our
experience in other communities indicates that once a decision is
made to prepare a plan document and a scope of work is created , a
preliminary draft report could be produced within six months to a
year . It should be noted , however , that the length of time
required to produce a plan document is directly related to the
level of resources to be committed to the project and the scope of
work . As an example , if the Town decides to undertake a Community
Resident ' s Questionnaire and Survey Analysis , the timeline could be
extended by as much as four months .
Following the completion of a draft report , the Town should provide
a thirty to sixty day public review period . At the end of the
review period the Planning Board would normally schedule a public
information meeting to receive comments . Following this meeting , a
one to two month period should be provided for the preparation of
the final_ draft of the Comprehensive Plan and the environmental
assessment on the document . This material would then be presented
to the Zbwn Planning Board for : ( a ) the public record to be
considered ; (b) the environmental determination of significance to
be made by the Planning Board and filed ; and ( c ) the Town Planning
Board ' s formal adoption of the Comprehensive (Master) Plan
document , Following adoption , the plan would be formally
transmitted to the Town Board along with specific recommendations .
The Town Board ' s involvement would include : ( a ) acknowledgement of
the document as the community ' s official plan , and (b) a decision
Town Board Minutes 30 December 11 , 1989
to commit resources to implement certain regulations or projects
identified in the plan .
4 ) A recommendation that the Town create more flexible
residential zoning regulations was made . The resident offering the
comment felt that the Town should make provisions to allow
multi- family units to be integrated within a single family
development where the owner of the multi-family unit would reside
on-site . It was also suggested that the present MR Multiple
Residence District regulations were oriented to special interests
of large developers most of whom do not reside in the community .
The Planning Board should give consideration to this issue and to
the establishment of multi-family residential policies as part of
the Comprehensive (Master) Plan document . A multiple residence
district need not involve exclusive apartment or multi-family
dwelling units , but rather could provide for a mix of these units
with owner housing .
5 ) A concern was raised by a representative of the West Hill
Neighborhood Association relative to a comment in the Analysis and
Recommendation Report ( see page 19 ) , regarding a commercial growth
node on West Hill . Our response to this concern is as follows :
The Draft Comprehensive Planning Statement prepared by the Town
states that a commercial growth node opposite the County ' s Biggs
Center will likely occur within the next decade ( see page 25 ) . The
Draft Statement further identified that the Greater Ithaca Area
Regional Plan recommended that such a facility should be located at
the intersection of Bundy Road and Route 96 , The Draft Statement
also includes the specific recommendation that " it may be more
appropriate to consider such commercial zoning within 1 , 000 feet of
the intersection of Trimiansburg Road and the Biggs Center/Tompkins
Community Hospital (Dates Drive ) entrance , where a traffic light
was recently installed , which is the general location of the Route
96 Interchange " .
Our report merely acknowledges both the Town ' s Statement of
Planning Philosophy ( item V , page 6 ) and this specific Planning
Guideline for the West Hill Area . It neither endorses nor supports
the concept of a commercial growth node on West Hill or the
appropriateness of the specific site identified . We merely wanted
to caution the community that depending on the extent of
residential growth that may occur during the next decade and the
extent of water and sewer service proposed , the Town ' s commercial
growth node concept may develop at a larger scale than envisioned
in the Draft Statement of Planning Philosophy .
Finally , it should be noted that the New York State Department of
Transportation ' s preferred corridor alignment for Route 96 negates
a portion of the Town ' s premises for a commercial growth node on
the specific site identified . It is suggested that the Town either
revise or eliminate this site specific planning philosophy
statement: .
6 ) Our recommendation to create a Town Conservation. Board was
well received . It was further suggested that the traditional
concerns of such a Board be expended to include agriculture . It
was also suggested that the Town not rely solely on. the State
Agricultural District Legislation to protect the Town ' s viable
farmland resources and its agricultural operations . A statement
was made that there was a need for detailed soils resources mapping
of the Town and that it should include an assessment of the
suitability of soils for agriculture . We concur with these
statements and recommend that the Town create specific agricultural
land use policies that are not entirely dependent on -the State ' s
Agricultural District ' s Law or Agricultural Districts Program . It
Town Board Minutes 31 December 11 , 1989
is also noted that the Town Planning staff has completed a major
portion of the soils resource mapping for the Town .
7 ) It was suggested that the RFP for this project could have been
enhanced by including as a task the review and analysis of the
minutes of the public meetings conducted by the Town Planning Board
and Zoning Board of Appeals . Our review of the various plan
elements did include a brief review of the minutes of Town Planning
Board meetings . In our opinion it would not be productive to amend
the RFP to analyze past Planning Board or Zoning Board of Appeals
decisions .
8 ) We were asked whether the Town needs a comprehensive revision
to the existing zoning ordinance and map . It is our opinion that
such an action may be premature at this stage of the Town ' s
Comprehensive Planning Program . Furthermore , the creation of a
Comprehensive (Master) Plan document will likely acquire changes to
existing zoning district regulations and to mapped district areas .
These zoning changes should be based , in part , on the creation of
specific land use goals and policy statements and their application
to existing zoning regulations .
9 ) We were asked to clarify our recommended actions for next
steps (Exclusive Summary Report , page 11 ) , and specifically whether
or not we would recommend the adoption of the Draft Comprehensive
Planning Statements , the preparation of a Policy Plan , or the
preparation of a Comprehensive (Master) Plan document . Without
benefit of an environmental review record for the Town ' s Draft
Statements , it is impossible to recommend their adoption . In
addition , in our opinion a Policy Plan document would not be
specific enough to adequately describe the Town ' s rationale for an
overall pattern of development during a specific period of time .
Therefore , it is our recommendation that a Comprehensive (Master)
Plan doctmlent , consistent with the provisions of Section 272-a of
Town Law, be created .
10 ) It was requested that guidelines for buffer areas be created
for various zone districts and that larger minimum residential lot
sizes be created for the agricultural zone . In addition , it was
also requested that agribusiness be further defined and regulated
in order to provide for the community ' s needs and provided for in
the agricultural zone . We concur with these requests and
recommended that specific agricultural land use policies be
developed as part of the creation of a Comprehensive (Master) Plan
document .
11 ) It was requested that the Town authorize a resident ' s survey
(perhaps similar to the one used in the Town of Ulysses ) . An
informal poll taken at the public hearing found nearly unanimous
support for a resident ' s survey . We , therefore , recommend such a
survey process be included in the scope of work for the preparation
of the Comprehensive (Master) Plan document . We have provided Town
staff with copies of questionnaires that have been used by other
coauruniti.es .
12 ) It 47as suggested that the Town consider further analysis of
cluster ;zoning provisions ; the need for an Institutional Zoning
District , the uses of impact fees , and , opportunities to promote
affordable housing . We concur with these requests and recommend
they be addressed and further analyzed as elements of the Town ' s
Comprehensive Planning Program ,
13 ) It was requested that the residents continue to have a
meaningful voice in decisions that would affect development and in
the creation of a Comprehensive (Master) Plan . It was requested
that Town Planning staff continue to give high priority to keeping
Town Board Minutes '32 December 11 , 1989
the public informed in both areas . We concur with these
suggestions and have stressed that the Town Planning staff continue
to have a major role in the preparation of the plan document . We
recommend that the Town should retain a planning consultant to
advise Town Planning Staff and Planning Board in the preparation of
the Town ' s Comprehensive (Master ) Plan and to provide technical
assistance in the review and evaluation of ongoing development
actions .
14 ) It was requested that the Planning Board move quickly to
implement. an action plan . We compliment the Town Planning Board
and Planning Staff for requesting funds in next year ' s Town budget
to permit. the implementation of several components of the proposed
action plan . It is our understanding that the Town. Board has
agreed to commit funds to implement an action plan . We also
understand that the next steps , involving the creation of a
specific work plan , timeline and staff commitment to this effort ,
are being drafted by Town Planning staff .
15 ) The Town Planning Board was asked how committed they are to
the previous comprehensive planning effort . The consultants were
asked if the Draft Statement should be adopted as a "preamble " to
the Town ' s Comprehensive Planning Program . In addition , we were
asked if there is a need for the creation of a more specific
comprehensive plan document . It is our recommendation that the
Town Planning Board create a specific preamble statement that
recognizes and builds upon the Town ' s Draft Statements and our
Analysis and Recommendations Report . It is further recommended
that the preamble include a specific component which calls for an
action plan which would address the weaknesses identified in the
Town of 'Ithaca ' s Comprehensive Planning Program . The action plan
would provide a means to address the deficiencies which impact on
the Town ' s ongoing activities while a Town of Ithaca Comprehensive
(Master ) Plan document was being prepared .
Mr . Brand went on to note the following written comments received :
1 ) We received a comment that recommended that the Town prepare
an annual report which contains information on development actions
and decisions made by municipal agencies and boards . We recommend
the Town Board give consideration to this suggestion to require
yearly reports from the Town Planning Board , Zoning Board of
Appeals and Town Planning staff on all matters which relate to
development . These development actions could also be mapped to
assist the Town in determining development and zoning trends that
may be occurring .
2 ) A request was made that we bring to the Town Board ' s attention
the fact that Section 272-a of the New York State Town Law
describes; the features as to what a Comprehensive (Master) Plan
shall contain as well as the relationship of a plan document to
zoning . We also were requested to note that the courts have
interpreted that where Comprehensive (Master) Plan does not exist ,
substituting the concept of a Comprehensive Planning Process for
the Comprehensive (Master ) Plan as the basis for zoning has been
accepted . In our opinion , where a municipality does not have an
official Comprehensive (Master) Plan document in effect: , it is in
fact stating its position that it is willing to let the courts
establish. its land use policy . It should be noted that legal
decisions are often based on technical interpretations of the law
and are not necessarily based on sound planning principles or
community support .
3 ) We were asked to clarify item # 5 on page 8 of the Executive
Summary Report concerning the need for the Town to establish a
Capital Improvements Program . It is our recommendation that when
Town Board Minutes 33 December 11 , 1989
it has been determined to be appropriate , a municipality should
implement. a Capital Improvements Program. We do not feel that
there is a need for the Town of Ithaca to implement. a Capital
Improvements Program at this time .
4 ) We were asked to consider a recommendation to establish a
moratorium) on all development ( for reasons which were not
identified) until the Town prepares a Comprehensive Plan . We
oppose such an action as it often results in a camxmity cc miitting
valuable resources to defending the moratorium , rather than to
addressing solutions to development problems .
5 ) We were asked to clarify whether we would support a. commercial
growth node on West Hill , opposite the Tcmpkins Community Hospital .
Without :specific authorization to analyze this issue and without
benefit of the entire record on this matter ( including the
environmental record) we cannot make a recommendation on the need
for a commercial growth node opposite the Community Hospital .
6 ) We were requested to address the needs of area bicyclists with
respect to the preparation of a Canprehensive (Master) Plan for the
Town . We feel the Town should create specific policies for
bicycles and bicycle routes as part of the Comprehensive Plan . In
addition , bike routes should be incorporated as part of any design
scheme for highway corridor improvements . .
Mr . Brand remarked that in summary this Addendum Report could have
continued. at length to expand upon the concerns expressed by
residents regarding the need for an action plan . Public comments
provide clear evidence of a strong desire for the Town to implement
an action plan similar to the proposal outlined in our Analysis and
Recommendation Report . In response to the directions voiced at the
hearing as well as the written comments submitted by residents ,
Town Planning staff is currently preparing a more specific work
plan for next year which would initiate the process of implementing
our recommendations . our firm would be pleased to continue our
relationship with the Town as it embarks on this process . Please
let us know if we can continue to be of service to the Town of
Ithaca .
Councilman Whitcomb remarked that he had asked the question before
but he would like to ask it again for the record . It ' s a very fine
report and there is a lot of information in there , it " s a little
bit hard to digest but there some real nuggets of information in
there that are valuable and important . The question that he has
is , what are your recommendations as to where we go from here now
that we have this report in hand , where do we go next , in your
opinion?
Ronald Brand replied that he thought the next step was already for
the most part being considered right now in that the Town Planner
is beginning to draft the very specific scope of work as to what
would be included in this three prong action plan to look at the
specifics of creating a comprehensive plan document and
intregrating the recommendations of public participation in that
process to look at the existing weaknesses and deficiencies that
they found in some of the regulations . Perhaps suggest the
creation of a separate committee to look at the ordinances , rules
and regulations to deal with that . He went on to say that he knew
the Town Planner was working hard on putting together the
information for a Conservation Advisory Council which is going to
lead to sane regulations to update the open space index and plan
and to further look at conservation overlay areas and define these
areas . Finally , the Town Planner has been working very hard on
dealing with the creation of a process where on an ongoing basis we
would be letter able to intregrate public comments and concerns and
Town Board Minutes 34 December 11 , 1989
better inform the public of pending development matters so that the
public is aware at the earliest possible time of development and
review of the process . One of the things that he has heard that
was going to happen was that there was going to be a Newsletter
going out the first of the year in which this effort is going to
come together as to where we are going with this program.
Councilmen Whitcomb asked , what level of participation do you see a
consultant or consultants assisting the Town?
Mr . Brand replied that his feeling on this was that , as he had said
before at the public hearing , the role of a consultant should be
that of advising the staff and advising the residents of the
community either on the Planning Board or if you choose to create
some kind of planning subcommittee or some kind of rules and
ordinances committee to inform them , to educate them of what the
planning rules and regulations provide for , what the process is all
about , how SEAR is intregrated into it , how they must: deal with
public meetings law , how they must deal with making decisions and
informed judgements and how they must deal with the development of
the community all within regulations . He stated that he did not
think the role of the Planner should be to cane in and give you a
document and say deal with it and if you do everything it says in
this dmunent , trust me it will be all right . That ' s not the role
that he sees . He went on to say that basically his position
remains as it was before and that is , you have the resources , you
have the Town staff , you have a vast base of information , why pay
someone to come in and reduplicate that and hand it back to you and
say go with it . He felt the Town would be far better_ off to go
through the process , have a consultant advising you on a as need
basis to move the process along . Explain why you need to deal with
this task: in this way or that way but he felt it should end up as a
community effort being present . A community concensus for which
the Planning Board has basically had that effort all along .
Celia Bowers stated that she represented the West Hill Neighborhood
Association and the West Hill Neighborhood Association would like
to thank the Comprehensive Planning Consultants for their
clarification of their views .
Dooley Kiefer stated that she would like to speak about the Zoning
OrdinancE! . In reading the analyses and recommendations there were
a far number of deals she thought when the consultant had analyzed
the Zoning Ordinance and pointed out specific things that weren ' t
there and yet tonight in going over the addendum you said the
revision of the Zoning Ordinance should probably wait until the
developmm!nt of this comprehensive plan is completed . Those two
things seem completely different .
Mr . Brand replied that what he had said was that one of the things
that he understood the community was looking to create was an
ordinance and review committee and part of what they would be
looking at would be the detailed analyses of page by page comments
that have been made . He went on to say that the point he was
stressinc in this process that even though you go through that
there may ultimately be need for further revisions . You may find
that same of your existing business districts , for example , needs
to be combined , consolidated . You may find a need to create an
institutional district , or your special land use district and deal
with the special permitted uses in certain districts . You may find
the need to look at certain standards for multiple residences
districts, which go beyond what you now have , but that doesn ' t mean
that in the interim some of the recommendations to correct the
deficiencies that you now have should be acted upon and dealt with .
That ' s a process that he did not think you want to let your
Town Board Minutes 35 December 11 , 1989
planning program slide on just to get caught up because that
process alone could take you six months easily .
RESOLUTION N0 . 328
Motion by Councilwcanan Raffensperger ; seconded by Councilman
Whitcomb ,
WHEREAS , Stuart I . Brown Associates , on December 11 , 1989 has
presented to the Town Board of the Town of Ithaca ti-te "Town of
Ithaca Ccmlprehensive Planning Program Analysis and Recommendation
Report " , "Executive Summary Report " and Project Addendum , and
WHEREAS , the Planning Board of the Town of Ithaca and the
Comprehensive Planning Subcommittee have accepted this report as
meeting the terms of the February 28 , 1989 agreement with Stuart I .
Brown Associates and recommended its acceptance by the Town Board ,
and
WHEREAS , the Planning Board and Comprehensive Planning Subcommittee
have transmitted recommendations for implementation of the report ' s
recommendations ,
NOW THEREFORE BE IT RESOLVED ,
1 ) That the Town Board of the Town of Ithaca accepts the "Town of
Ithaca Comprehensive Planning Analysis and Recommendation Report " ,
the "Executive Summary Report " and the Project Addendum as
presented by Stuart I . Brown Associates .
2 ) That the Town Board instructs the Town Planner to present to
the Town Board , for discussion on January 8 , 1990 , staff
recommendations for the implementation of a strategic action plan
to improve the comprehensive planning process in the Town of
Ithaca . Such recommendation should include a specific work plan to
initiate work on a comprehensive master plan document and a
strategic plan for the concurrent improvement of elements of the
compreher.isive planning process , including a schedule for the work
plan , and an estimate of the consultant and staff time commitment
necessary to implement the work plan . It is anticipated that the
staff report will include a review of the consultant ' s report , of
the Planning Board resolution of December 5 , 1989 and the
Comprehensive Planning Subcommittee memorandum of November 27 ,
1989 , including their general recommendations and such specifics as
the establishment of committees and subcommittees , public
participation strategies , and appropriate levels of funding needed
to initiate and support the recommended action plan .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none) .
JOINT ACTIVITY FOR WEST HILL FIRE STATION - TRUMANSBURG ROAD SEWER
Assistant, Engineer Erik Whitney stated that he thought. the Board
needed to give the Supervisor the power to jointly with the City
execute the contract with the low bidder Paolangeli Construction ,
Town Attorney Barney remarked that technically the City would be
handing the project but there were some agreements between the
City , the Town and Cornell and it was necessary for the Supervisor
to execute the contract in order to allow the project to proceed .
RESOLUTION NO , 329
Motion by Councilman Whitcomb , seconded by Councilman Klein ,
Town Board Minutes 36 December 11 , 19891
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the Town Supervisor to execute the contract for the joint
activity for the West Hill Fire Station - Trumansburrg Road sewer .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
HEIGHT AMENDMENT
RESOLUTION NO . 330
Motion by Councilwcnian Raffensperger , seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby refer
the consideration of the height amendment and the two family
occupancy amendment to the Planning Board .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER THE HEIGHT AMENDMENT
RESOLUTION N0 , 331
Motion by Councilman Whitcomb ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 11 : 30 A . M . , on December 29 , 1989 to
consider a local law amending the Zoning Ordinance on the height
requirement .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
PERSONS TO BE HEARD
Laura Holmberg attorney for Mr . and Mrs . Kyong stated that she was
here to make a plea once again to the Board to put the Kyong
project on the agenda . We have been on hold now for over ten
months , we have been infront of you for some seven public hearings
all together and two years have passed . She stated that she
realized that the Board was looking toward a comprehensive plan but
at some point along the way you have to make some decisions and not
everyone can wait indefinitely for a period of time . She stated
that she thought Mrs . Kyong deserves the courtesy of a response so
that if it is rejected then she can proceed with other plans for
development on that land . It ' s been two years now and she felt
they deserved to be put on the agenda in the very near future and
considered on the merits .
Myrtle Whitcomb stated that her statement was prepared for Mr .
Desch , Mr . McPeak and Mr . Bartholf . She then read the following
statement :: "The members of the South Hill Community Association
would like to recognize your efforts over the years you have served
the Town of Ithaca . To be truly dedicated to the responsibility of
an elected position requires considerable time and effort . This
time and effort is given at a sacrifice , a sacrifice to your
personal :Life often a sacrifice to your families . We respect and
appreciate the effort you have given for the people of the Town of
Ithaca " .
SET DATE FOR PUBLIC HEARING TO AMEND TWO-FAMILY OCCUPANCY
Town Board Minutes 37 December 11 , 1989
RESOLUTION N0 , 332
Motion by Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 11 : 00 A . M . , on December 29 , 1989 to
consider a local law amending the Zoning Ordinance for two-family
occupancy .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
SHARLENE DRIVE
Town Attorney Barney remarked that in drawing up the resolution and
contract of sale , it occurred to him that this piece of land should
be consolidated with anyone of the three adjoining land owners as
it is too small to be a separate lot by itself . The sale is
subject to a permissive referendum . We are doing this by quit
claim deed as there is no indication that the Town has any interest
once the Board decides not to use it for highway purposes .
RESOLUTION NO . 333
Motion by Councilwoman Raffensperger , seconded by Councilman Klein ,
WHEREAS , the Town of Ithaca may have an interest in certain real
property located in the Town of Ithaca , County of Tompkins and
State of :New York , being a parcel of land that had been intended to
be the :section of Sharlene Road lying south of the southerly
rightrof=way line of Tudor Road as extended across Sharlene Road as
shown on a map entitled "Boundary and Lot Data Map-Eastern Heights
Subdivision-Section 2 , " made by John S . MacNeill , Jr . , Licensed
Surveyor , dated May 7 , 1968 , as revised , a copy of which was filed
in the Tompkins County Clerk ' s Office on March 19 , 1969 in Map File
F-7 at page 35 , which parcel is approximately 60 ' x 1501 ; and
WHEREAS , said section of Sharlene Road has never been improved as a
roadway or used as a roadway and it does not provide access to any
other public street , nor does it provide access to any other lots
that do not already have access to a public street ; and
WHEREAS , said section of Sharlene Road no longer serves a useful
public purpose except as a rightrof-way for a proposed water main ,
use which can be more appropriately provided for as set forth
below , and
WHEREAS , it is in the best interest of the public to convey the
Town of Ithaca ' s rights , if any , in and to said section of Sharlene
Road for good and valuable consideration , subject -to certain
restrictions .
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that :
1 . The Town of Ithaca shall offer to sell its interest , if any ,
in the above described parcel of land to the highest bidder upon
sealed bids pursuant to the following terms :
A . The only qualified bidders for the parcel shall be the
owners of the lots adjoining the parcel .
Be All sealed bids for purchase of the property must be
filed with the Town Clerk of the Town of Ithaca on or
Town Board Minutes 38 December 11 , 1989
before 4 : 30 P . M . , on the tenth day following the
effective date of this Resolution .
Co The terms of such sale shall be as set forth in the
proposed Contract of Sale which is attached hereto as
Exhibit A and incorporated herein ; and the successful
bidder shall sign a copy of such Contract of Sale and
make the deposit as required in the Contract of Sale
within ten ( 10 ) days of being notified that he or she was
the successful bidder .
D . The Town of Ithaca reserves the right to reject any and
all bids for any reason whatsoever .
2 . The transfer of the parcel to the successful bidder shall be
subject to the following terms and conditions :
A . The Town will transfer its interest by quit claim deed
only and no warranty of title will be made .
B . The transfer will except and reserve a ten-foot ( 10 ' )
wide water main easement to maintain a proposed water
main ; such easement shall run along the eastern edge of
the boundary of the parcel to be conveyed . There shall
also be excepted and reserved a temporary easement of
twenty feet ( 20 ' ) for the construction and installation
of the water main , which temporary easement shall
terminate once the main is in place .
Co The deed will contain restrictive covenants prohibiting :
1 ) the erection of any structures or improvements on the
parcel to be conveyed other than those necessary for
public utilities , and 2 ) the sale , mortgage or other
transfer of the parcel without either the transfer of the
adjoining lot to the same transferee or subdivision
approval by the Town of Ithaca Planning Board ,
3 . The Town Clerk is directed to send notice of this Resolution
to the owners of the three ( 3 ) adjoining parcels as shown by the
most recent tax assessment records for the Town of Ithaca .
4 . The Effective date of this Resolution shall be the thirtieth
day after its adoption , or , if within thirty ( 30 ) days after its
adoption there is filed with the Town Clerk a petition meeting the
requirements of Article 7 of the Town Law, then this Resolution
shall not be effective until approved by the affirmative vote of a
majority of the qualified electors of the Town voting on such
proposition as provided for in Article 7 of the Town Law . If such
a petition is filed , the Town reserves the right to amend or repeal
this Resolution by further resolution of the Town Board ,
5 . The Town Clerk is directed to publish and post this
Resolution , or an abstract of it , in accordance with law .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
AGREEMENT FOR USE BY TOWN COURT OF COUNTY SPACE
Town Attorney Barney asked if this could be adjourned once more .
He stated that he had spoken with the County attorney . The
agreement that was sent over had a whole raft of provisions that
the insurwoice person for the County had added . He stated that he
had a meeting set for Friday to go over the provisions with the
County attorney .
Town Board Minutes 39 December 11 , 1989
KENDALL AVENUE - PENNSYLVANIA AVENUE OPENING
The Town .kttorney remarked that they have looked into this and are
not aware of any way that opening can be assessed against the
adjacent landowners . Also , there is a subdivision modification
application before the Planning Board brought by Mr . Hilker and
several of his neighbors up there and one could suggest to the
Planning Board that as a condition for granting that subdivision
approval that they install the road . It ' s a policy decision that
the Town Board should make and he felt the Board should have some
idea of -the dollars involved before they make a decision . He
suggested that the matter be deferred until the Board could at
least get a ballpark figure .
LICENSES FOR TWO PROPERTIES ON EASTERN HEIGHTS DRIVE
Town Attorney Barney stated that what has happened is that the
owner of :Lot # 1 and the owner of Lot # 3 have put their driveways
out to Eastern Height Drive across the portion of Skyview Drive
that is used to service the parks . When title was taken for those
roads it was taken for Eastern Heights Drive , if you extend the
north line of Lot # 1 across to the east , that was basically where
the title was taken for highway purposes . Then title south of that
was taken along with a sizable chunk of land to the south for the
park itself . Therefore , the land south of that Town ROW line
really is supposed to be used for park purposes and not highway
purposes . However , these folks need to get in and out and our
solution to it was basically to give them a license which will
allow them access .
RESOLUTION N0 . 334
Motion by Councilman Klein ; seconded by Councilman Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the Supervisor to execute a irrevocable license for the
driveways for Lot # 1 owned by Robb and Lot #3 owned by Milnor .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
NEW TOWN SUPERVISORS TRAINING SCHOOL
RESOLUTION N0 . 335
Motion by Councilman Whitcomb ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize Supervisor elect Shirley Raffensperger to attend the New
York Supervisors Training School , January 22 - 24 , 1990 in
Rochester , New York .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
UPDATING Or? COMPUTER PROGRAMS
RESOLUTION N0 . 336
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
WHEREAS , Andrew Irwin worked for the Town this past summer writing
AUTOLISP program to enhance our AUTOCAD capabilities , and
Town Board Minutes 40 December 11 , 1989
WHEREAS , these programs have become very useful to the Town ' s
Engineering Department and could be even more valuable with scene
amendments , and
WHEREAS , ikndrew Irwin suggested he could be available for such work
over his holiday recess during December/January ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize that Andrew Irwin be hired temporarily to
amend the AUTOLISP programs he wrote over the summer . He will be
paid $ 6 . 00 /hour for not more than 40 hours or a total of $ 240 from
account A1440 . 100 .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
DESIGNATION OF 1990 ]FLOATING HOLIDAY
RESOLUTION NO . 337
Motion by Councilman Whitcomb ; seconded by Councilwoman Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the designation of Monday , December 24 , 1990 as the 1990 floating
holiday .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
STUDENT PLANNING AIDS
RESOLUTION N0 . 338
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the hiring of the following under the Cornell Work Study Program :
2 Student :Planning Aides , for a term from January 3 through January
23 , 1990 , maximum 7 . 5 hours per day ;
2 Student Planning Aides for Spring Semester , 1990 , from February 1
through May 15 , 1990 , at a maxim= of 15 hours per week ,
2 Student Planning Aides from May 15 to August 25 , 1990 , at a
maximum of 37 . 5 hours per week ,
With the maximum rate to be $ 7 . 00 per hour , to be paid out of
Planning Department Personal Services Account No . B8020 . 100o
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none) .
INVESTMENT REPORT
RESOLUTION N0 . 339
Motion by Councilman Whitcomb ; seconded by Councilman Bartholf ,
BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby
approve the following investment Report for the quarter 7 / 1 / 89 to
9 / 30/ 89 :
Town Board Minutes 41 December 11 , 1989
C ERTIFICKIEES OF DEPOSIT
DATE RATE OF MATURITY INTEREST
ACQUIRED AMOUNT INTEREST DATE EARNED
3 / 3 / 89 $ 10 , 000 . 00 8 . 00 % 9 / 3 / 89 $ 411948
6 / 16 / 89 $ 1 , 000 , 000900 8970 % 8 / 14 / 89 $ 14 , 063 . 01
9 / 3 / 89 $ 10 , 411948 8 . 30 % 3 / 3 / 90 * * * * * * * * *
SAVINGS
END OF MONTH RATE OF INTEREST
MONTH BALANCE INTEREST EARNED
July $ 610 , 684 . 41 6 . 00 % $ 4 , 178 . 76
August $ 1 , 473 , 188 . 65 6 . 00 % $ 6 , 232 . 54
September $ 1 , 367 , 549 . 58 6 . 00% $ 6 , 589 . 23
INTEREST CHECKING
END OF MONTH RATE OF INTEREST
MONTH BALANCE IN'T'EREST EARNED
July $ 17 , 869 . 97 4 . 500 $ 419 . 47
August $ 103 , 023 . 39 4 . 500 $ 251 . 05
September $ 239 , 984 . 20 4950 % $ 525 . 31
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
TEMPORARY SALARY INCREASE FOR ASSISTANT TOM ENGINEER
RESOLUTION N0 . 340
r Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
WHEREAS , P . Erik Whitney has assumed the responsibilities of Town
Engineer since the resignation of Sally S . Olsen in October , and
WHEREAS , P . Erik Whitney has performed these additional duties with
a high degree of professionalism and efficiency ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby grant P . Erik Whitney a temporary salary adjustment
equal to 1 / 2 - the difference between the Assistant Town Engineer and
Town Engineer salaries or an annualized rate of $ 30 , 100 /year for
the period October 21 , 1989 to December 31 , 1989 , and $ 32 , 510 /year
until a new Town Engineer begins employment in 1990 .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
TOM OF ITHACA WARRANTS
RESOLUTION N0 . 341
Motion by Councilwcman Raffensperger ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated December 11 , 1989 , in the
following mmunts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . $ 63 , 950 . 85
General Fund - Outside Village . . . . . . . . . . . . . . . . . . $49 , 788 . 56
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49 , 177 . 76
Town Board Minutes 42 December 11 , 1989
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $38 , 216 . 60
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 305 . 20
Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 452 . 50
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
BOLTON POINT VQJA RANTS
RESOLUTION N0 . 342
Motion by Councilman Klein ; seconded by Councilwcman Raffensperger ,
RESOLVED , that the Bolton Point Warrants dated December 11 , 1989 ,
in the Operating Budget are hereby approved in the amount of
$ 101 , 875 . 1.0 after review and upon the recommendation of the
Southern Cayuga Lake Intermunicipal Water Commission , they are in
order for payment .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
NOVEMBER FINANCIAL REPORT
RESOLUTION N0 . 343
Motion by Councilman Whitcomb ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the November Financial Report , as presented .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
BOLTON POINT ADMINISTRATIVE POSITION
Town Attorney Barney stated that the Bolton Point Commission has
worked quite closely with Noel Desch over the last , really since
Bolton Point came into existence , and Noel was thought to have a
great deal of knowledge and experience . The particular
administrative makeup of the Commission staff right now is kind of
a duel functioning staff with one person in charge of
administration and one more or less co-equal in charge of
operations . The thought of several of the Commissioners was that
they would like to continue to have the benefit of Noel ' s expertise
and experience for a period of time not really defined but
definitely thought to be in terms of a temporary period of time to
enable develognent of the existing staff to occur to where one or
the other would assume the full responsibility of overseer . Noel
in his role of Commissioner has sort of acted as a overseer of the
whole process . As a result there was scene discussions over the
last several weeks leading to the request or decision that they
would like to keep Noel on as a Ccnmissioner but expand his role to
where he would have duties above and beyond those of the normal
members of the Commission , basically in an administrative area and
pay him ,$ 8 , 000 a year plus providing health insurance and
retirement benefits . Initially it was thought to do it in the form
of a consu: tant and there was a draft job description done in that
vain , on reflection it was felt that it might be better to have
Noel stay on as a Commissioner and to assume these additional
duties , if this Town Board chooses to appoint him . The Commission
reccmT ends this *
Town Board Minutes 43 December 11 , 1989
Councilwoman Raffensperger remarked that the Commission approved
the new job description and the hiring of Noel Desch for that
position . In addition she wished to say that she planned , at the
meeting on January 8th to recommend that Noel Desch be appointed
one of the Commissioners to Bolton Point from the Town of Ithaca .
This is a matter of ' information to the Town Board .
EXECUTIVE SESSION
RESOLUTION NO . 344
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
into Executive Session to discuss of matter of litigation , a matter
of potential litigation and specific personnel question .
( Raffenspe!rger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays we none ) .
OPEN SESSION
RESOLUTION N0 . 345
Motion by Councilman Whitccmb , seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
back into Open Session .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - nonee) .
AARON KING MATTER
RESOLUTION N0 . 346
Motion by Councilman Klein ; seconded by Councilwoman Leary ,
RESOLVED , that the Town Board of the Town of Ithaca in the matter
of Aaron King pay the $ 6 , 000 and not pursue further litigation .
(Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
SOUTH HILL TRAIL
RESOLUTION NO . 347
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
instructs the Town Attorney to prepare a resolution for
consideration on December 29th and the Town Planner to prepare an
appropriate budget also for review on December 29th for the
purposes of establishing the South Hill Trail and acquiring the
land for the necessary easements .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
Town Board Minutes 44 December 11 , 1989
HEALTH INSURANCE
RESOLUTION NO . 348
Motion b,y Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
instructs the Personnel Committee to examine the policy as to the
provision for health services for employees who ' s term of full-time
temporary employment is anticipated to be six months or longer .
( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
ADJOUR ZEN T
The meeting was duly adjourned .
Town Clerk
AFFIDA VIT OF PUBLICATION
#HE ITHA.CA JOURNAL
State of New York , Tompkins County , ss . :
Gail Sullins beinb duly sworn , deposes and
says , that she/he resides in Ithaca , county and state aforesaid and that
she/he is Clerk
of The Ithaca Journal a public newspaper printed and published In TOWN OF ITHACA • ,
NOTICE OF PUBLIC HEARING g.
Ithaca aforesaid , and that a notice , of which the annexed is a true PLEASE TAKE NOTICE, that ih'e P
Town Board of the Town of"
copy , was published in said paper Ithaca will conduct a public ;�
py p p p hearing at 7:00 P. M. , on D'e-
�� camber 11 , 1989, at the Toen
e tz P tm er Hall, 126 East Seneca Street, ' ; '
Ithaca, New York, 'to consider
certain amendments to - `the
Fire Contract with the City of
Ithaca as follows: _. + i
( 1 ) Increase the roster 1. the .j
City Fire Department by '6 poid
fire fighters or combination of
the some number of paid fire.,
fighters and officers with the
and that the first publication of said notice was on the Town share of such cost to be 1
paid under the terms of the
day of e C v� �r ^ 19 �— existing contract.
(2) Extend the contract to cov-. �
er the years 1993, 1994 with', j.
the Town share of operating::
costs as defined in the existing, )',
contract to be 26 percent in
1993 and provision 27 percent in 1994.
a)ct modifying con-
tract job de-
Subscribed and sworn to before me , this day scription of volunteer fire j
l fighters to be synonymous i
with Of ) Q /9 y /t. tJ V`�_� 1 7 � C The TownflBoardhwill at this
time hear all persons in favor
Of or opposed to said amend-
(\ ments to the Fire Contract.
Jean H. Swartwood '
December 1 , 1989 town Clerk.
Notary Public .
JEAN FORD
Notary Public,c, State o .i New York�
No. 405 4410
Quali 'ied in Tompkins Count
Commission expires May 31, 19 .,