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HomeMy WebLinkAboutTB Minutes 1990-01-08 TOWN OF ITHACA REGULAR TOWN BOARD MEETING January 8 , 1990 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 8th day of January , 1990 , there were : PRESENT : Shirley Raffensperger , Supervisor John Whitcomb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman ALSO PRESENT : John Barney , Town Attorney John Ozolins , Highway Superintendent Erik Whitney , Assistant Engineer Andrew Frost , Building Inspector/ Zoning Officer Susan Beeners , Town Planner Edward Olmstead , Fire Chief Laura Holmberg , 200 East Buffalo Street Myrtle Whitcomb , 233 Troy Road Mary Call , Board of Reps Representatives of the Media : Jay Cox , Ithaca Journal PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF 'DOWN OFFICIALS Supervisor ' s Report Town Supervisor Shirley Raffensperger stated that on behalf of all of the residents of the Town of Ithaca she would like to welcome to the Town Board two new members Catherine Valentino and Frank Liguori , two newly reelected members Pat Leary and John Whitccanb and recognize our returning Town Board member David Klein . She went on to say that she looked forward to working with all of the Town Board members and she knew that as a group all of the members looked forward to conducting cooperatively the business of the Town of Ithaca . There is a lot of business to conduct and the Board would be discussing scene of the priorities and work plan later in the meeting . She went on to say that at the top of that list is a determination to make real progress both for the short and long term in improving our comprehensive land use processes . But our business must also include the maintenance and improvement of services , roads , water and sewer , and fire protection . we must be part of the solid waste solution as we are part of the problem . Improved daily procedures in the Town Hall will provide better , more consistent services to our constituents and allow our staff to more fully employ their talents and expertise . We cannot allow infrastructure maintenance and safety to be neglected or we will Town Board Meeting 2 January 8 , 1990 only leave those responsibilities to those who follow us . All of this while higher levels of government transfer their former responsibilities further and further down the line without transferring the resources to meet these responsibilities . The Supervisor went on to say that she hoped the Board could look at the equit.abilities of how the Town assesses costs for services and make a concerted effort to allocate those costs more fairly reflecting the benefits received . In the past week we have examined services for Inlet Valley utility extensions necessary in the absence of a P . E . on the staff , pursued curb side recycling in the rest of the Town of Ithaca , we are still pursuing completion of the Trumansburg Road sewer agreement and the fire contract and other matters that slipped from 1989 to 1990 . For the press , we have also considered what to do about all the Christmas trees that have been left along the road in the Town of Ithaca . We have told people iaz the Town that they may take those trees either to the County recycling area at the landfill where they will be taken for free or to the Town Highway Barn . Town Engineer ' s Report Assistant. Town Engineer Erik Whitney reported that the major project for the Engineering Department is the 1989 Water & Sewer Improverm!nts . Today , we met with Stearns & Wheler to discuss their possible involvement with the first few phases of the improvements . They will be returning with their revised estimates within a week or two . The work will be primarily what is involved in the first few month of 1990 with the hope that we can get a P . E . on staff soon and. complete most of the remainder of the work inhouse . Pennsylvania and Kendall Avenue , at the request of the Board , we came up with an estimate for their completion . There are some legal concerns and the Town Attorney will review them before any actual road building is done . 8 , 880 . feet of the Northeast sewer video inspection has been completed , most of the sewers look in good condition with only a few spot repairs necessary . The Town Attorney has the agreement with Cornell for the Trumansburg Road sewer and as soon as we received written conformation from the City on their part of the funding we can award the contract and proceed . We have one landowner who has not signed the easement yet but he did not anticipate any problems . Highway Superintendent ' s Report Highway Superintendent John Ozolins stated that he would be reporting on his yearly report which include the difference in paving and surface treatment and the dollars , miles they were able to do and the man hours . Snow removal , which takes most of our time this time of year and vehicle costs . Enclosure one shows haw we spend our time in the different areas . (See annual report) . 33 % of the money spent on the vehicles were for preventive maintenance , another 31 % were spent on driver ' s reports and 23 % was actual breakdowns . Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that in December there were only four building permits issued , however , for the year there were 23 single family detached residents , 40 detached single family residents , 4 two family residents , 10 for alternations , 7 for conversions , 18 for additions , 12 for multiple residences , 7 for businesses , 1 for agricultural buildings , 1 for industrial , 41 for educational and 62 miscellaneous . In the month of December we issued 16 certificates of occupancy with a year end Town Board Meeting 3 January 8 , 1990 total of 226 . Investigated 4 new complaints , 82 complaints for 1989 . 65 field visits in December with 1121 in 1989 . Mr . Frost went on to say that Cornell University had an access road that services the orchard area across from where Caldwell Road meets Route 366 . The University has been having trouble receiving mail at several of the buildings within the orchards area and wants to name this access road Caldwell Road . This would indicate that this was a Town road and after several conversations it was felt that the road could be called Caldwell Road Extension but he felt the new Town Supervisor was not comfortable with this . Supervisor Raffensperger replied that she wanted to raise the question of the appropriateness of calling the road Caldwell Road Extension as it will not be a Town road as Caldwell Road is and a map that she saw showed a further extension of it toward East Hill Plaza . Since that is not an area in which the Town has reserved a roadway she was somewhat hesitant about the precedence that was being set by allowing them to design such an extension and particularly in naming it as an extension of an already approved and existing Town road . Mr . Frost. stated that he had had some discussion both with the Fire Department and the Post Office and that the Fire Department was concerned about knowing where they were going in case of a fire . Councilwcxnan Valentino asked if there was no name for the road now, at all ? Mr . Frost replied that some of the building permits he had issued just listed the address as orchards area . Councilwrxnan Valentino stated that she felt it was just too close a name to an already existing Town road . If they want something to clarify deliveries , etc . , she felt that naming it Caldwell Road would not: help . It was the consensus of the Board that Caldwell Road Extension was not a satisfactory name for the road . Mr . Frost went on to say that the current temporary certificate of occupancy for the Maplewood Park housing project had nine conditions . Basically they centered around the sewage system problems „ We now have one third of the plumbing problems corrected and approved . There are a group of building where they have not been able to find problems and they are trying to vacate the buildings because they now have to open the walls to find the leaks . Cornell has continued testing on a daily basis , however , they do not have any devices in their manholes with alarms . We have a fair amount of data that indicates that there has been nothing significant and that perhaps the Board might wish to modify their previous resolution . The resolution also stated that by January 26 , 1990 , individual housetraps and fresh air vents would be installed in all units and they have been having trouble with the frost in the ground and they are afraid in digging outside the building and in putting these housetraps in they may break some gas lines or utility lines so they don ' t believe that by January° 26th they will have all the units vented and trapped but by perhaps February 15th they will have them done . Supervisor Raffensperger remarked , there are two elements of our resolution that Cornell wishes not to continue to do precisely as was in the resolution , the first is the mechanical device in the manholes with an alarm and the second is the question of them being able to put in the traps by the 26th of January which they obviously can ' t do and their date now is February 15th . So the Town Board Meeting 4 January 8 , 1990 question is , is this satisfactory to us considering the test data that we have . When we passed the resolution we had absolutely no data so we had to assume a worse case . Councilman Whitcomb asked the Building Inspector what his recommendation was ? Mr . Frost replied that he felt the Board could modify the resolution to indicate that the daily and weekly monitoring continue as it is being done now and take out the requirement for the alarms and continuous monitoring . Councilwoman Leary asked if they were monitoring the individual apartment: units also? Mr . Frost: replied , upon request . However , some of the information shows testing every day in January . Supervisor Raffensperger questioned , they are monitoring the apartments only on request , she stated that it was her understanding that they were going to do it on rotating basis . Mr . Frost replied yes , but they are doing it in groups not on individual units but underneath a group of buildings . You might have a building with eight units that is being served off of one lateral . They are also making sure the sewage is flowing . Town Engineer Whitney stated that monitoring on a daily basis in the sewer- itself would appear to him to be very acceptable . Councilwoman Leary asked if daily basis meant weekends too ? Mr . Frost: replied yes , weekends and holidays . RESOLUTION N0 , 1 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca authorizes the Zoning Enforcement Officer to continue to issue temporary certificates of occupancy for portions of Maplewood Park on a month to month basis , and FURTHER 13E IT RESOLVED , that the conditions and understandings of these temporary certificates be changed to permit the monitoring on a daily basis of the manholes , and FURTHER RESOLVED , that the individual housetrap and fresh air vent installation time be extended to February 15 , 19900 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . Councilman Klein remarked that he and Councilman Whitcomb had some questions relative to the new fire stations being built in the Town . He went on to say that even though the Town issued building permits the Building Inspector has not been making inspections . The City of Ithaca would like the Building Inspector to make these inspections . Mr . Frost replied , the state law does not require a building permit for buildings that are owned or operated by a municipality so technically building permits were not required . We did , however , issue a building permit and as with all building permits issued by the Town of Ithaca , the application is signed by an individual who Town Board Meeting 5 January 8 , 1990 is signing underneath a statement that says they will call for inspections as appropriate . Attached to the building permit itself is a sheet which outlines the sequence of inspections . The City was on notice for the sequence of inspections , as required by law, we never got called . To be called at this point for any areas which are covered , he stated that he was not now going to certify a foundation which has been covered by dirt or an area which has been covered by sheetrock . He stated that he would accept a statement from an architect or an engineer certifying that the work was done according to the plan but he was not going to certify anything that he could not see . Councilman Whitcomb asked how then , in the end , are you going to issue a certificate of occupancy? Mr . Frost. replied that technically we are not required to do that . In this day of liabilities , if the law says he doesn ' t have to do something he would rather not do it . They asked for a building permit , we gave them a building permit . Supervisor Raffensperger remarked , it sounds as if whoever in the City has requested this inspections should be taking to the Building Inspector about the inspections . Councilman Klein replied that they had asked either Larry Fabbroni or Bill Grey to send Andy Frost a letter . Town Planner ' s Report Town Planner Susan Beeners stated the Board had received a copy of her 1989 annual report , however , there was no monthly report . She then went on to list the activities she and the Assistant Planner had been involved in , including Fall Creek , Six Mile Creek , Mc Trans , park and open space design , South Hill Recreation Way and a couple of other park sites . We have completed the environmental review for the 1989 Water and Sewer Improvements and just finished a precensus review . A mapping collection was completed . The Stream Corridor management plan should be completed by May or June of next year . ( See report) . Final approvals for new residential lots or for new dwelling units was 128 . Councilmen Whitcomb asked if there was an Inlet Valley Master Planning Study in process ? Ms . Beeners replied , there was one that was completed as a project by two students , there are some portions of that that discussed the general character of it at the present time of the commercial and other land uses down through that corridor and pointed out some needs for modifications to the zoning and to site plan review requirements . They did make a stab at some proposed rezonings . COUNTY BOARD OF REPRESENTATIVE County Board of Representative Mary Call stated that the County had put out a flyer entitled "Let ' s Talk Trash " and will begin to alert people to the system that will be used starting March 1st . She noted that Beverly Livesay and herself were involved in a meeting that some of the Town Board members had attended with Peter Franzies on the Warren Road and the section north of Hanshaw Road . We were looking at the possibility of building a sidewalk . Right now the County has staked the right-of-way so that the residents can see where it would be placed . She noted that the County Board had reelected James Mason as Chairman and he is now forming new committees . Town Board Meeting 6 January 8 , 1990 Councilman Liguori asked if he understood correctly , that the tag system is not mandatory on the Village of Cayuga Heights ? Mrs . Call. replied it is not mandatory until agreed upon by both parties , meaning the hauler or the municipality . Everyone is coming into the system on March lst except the Village . FILLING VACANCY ON TOWN BOARD Supervisor Raffensperger noted a vacancy on the Town Board . She went on to say that she knew that she and this Town Board are committed to widening participation in Town government . To that end , it is intended that all appointments to committees , boards and the like will follow processes that make it possible to reflect the preferences and priorities of the residents of the Town to the maximum extent possible . We have a vacancy on the Town Board immediately following an election . Those elections results , she believed , are the best indication of whom the voters wish to see on the Town Board . To that end , she stated that she would nominate Karl Nikl.as who campaigned widely clearly stating his views to the voters . He was the runner up in the election by only a hand full of votes . She stated that she believed his appointment now to the Town Board will best reflect the wishes of the voters of the Town of Ithaca. . RESOLUTION NO , 2 Motion by Supervisor Raffensperger , seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby appoint Karl Niklas to fill the present vacancy on the Town Board , the appointment is for the rest of the calendar year , and FURTHER BE IT RESOLVED , that the remainder of the term will be filled in the next general election , November 1990 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . APPOINTMENTS TO COMMITTEES Supervisor Raffensperger stated that she did have a revision to the list as ;she had neglected to put Councilwoman Leary ' s appointment to the Tompkins County Transportation Commission on the agenda and she would like to add that . TOMPKINS COUNT TRANSPORTATION COMMISSION RESOLUTION N0 , 3 Motion by Councilman Klein , seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the reappointment of Councilwoman Leary to the Tompkins County Transportation Commission as the Town of Ithaca representative . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION Town Board Meeting 7 January 8 , 1990 RESOLUTION N0 , 4 Motion by Councilman Liguori , seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the appointment of Supervisor Shirley Raffensperger and Noel Desch to the Southern Cayuga Lake Intermunicipal Water Commission , effective January 1 , 1990 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . SEWER JOINT SUBCOMMITTEE RESOLUTION NO . 5 Motion by Councilwoman Leary , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the appointment of Supervisor Shirley Raffensperger and Councilman Frank Liguori to the Sewer Joint Subcommittee , effective January 1 , 1990 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . NORTHEAST TRANSIT COMMITTEE RESOLUTION N0 , 6 Motion by Councilwoman Valentino ; seconded by Supervisor Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the appointment of Councilwoman Patricia Leary to the Northeast Transit Committee , effective January 1 , 1990 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none) . FIRE CONSTRUCTION MANAGEMENT COMMITTEE RESOLUTION NO . 7 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the appointment of Councilman David Klein and Councilman John Whitcomb to the Fire Construction Management Committee , effective January 1 , 19900 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . FIRE STAFFING RESOLUTION NO , 8 Motion by Councilman Liguori ; seconded by Councilwoman Valentino , Town Board Meeting 8 January 8 , 1990 RESOLVED , that the Town Board of the Town of Ithaca hereby approve the appointment of Supervisor Shirley Raffensperger and Councilman David Klein to the Fire Staffing Committee , effective January 1 , 1990 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . APPOINTMID TS TO TOWN COMMITTEES Supervisor Raffensperger stated that she wished to make the following appointment to Town Committees , which do not need Board approval : Public Works Committee John Whitcomb , Chairman Frank Liguori Staff Support : John Ozolins Erik Whitney Personnel Committee Shirley Raffensperger , Chairperson Patricia Leary Catherine Valentino Chairperson , Planning Board or designee Chairperson , Zoning Board of Appeals or designee Staff Support : Linda Nobles Codes and Ordinances Committee Karl Niklas , Chairman Catherine Valentino 2 members Planning Board 1 member Zoning Board of Appeals Staff Support : Planning Department Legal Zoning Department PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING 7'Im ZONING ORDINANCE RELATIVE TO THE OCCUPANCY OF TWO-FAMILY DWELLING UNITS Proof of posting and publication of a notice of public hearing to consider a local law amending the Zoning Ordinance relative to the occupancy of two- family dwelling units having been presented by the Town Clerk: , the Supervisor opened the public hearing . Supervisor Raffensperger stated that it was her recollection that it was a perfecting amendment to what the Board had passed in December . Town Attorney Barney stated that the amendment is to make clear the statement that when you have a two- family house each dwelling unit may be occupied by only one family . The ordinance presently states that a two-family dwelling shall be occupied by not more than two families . He noted that Councilman Niklas had requested the correction for clarification purposes . As no one present wished to be heard , the Supervisor closed the public hearing . Town Planner Beeners stated that this was a minor clarifying amendment which is an unlimited action , the Town Board is lead Town Board Meeting 9 January 8 , 1990 agent . She stated that she recommended a negative determination of environmental significance be made for it . RESOLUTION N0 , 8 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby make a determination of a negative determination of environmental significance . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . LOCAL LMV NO . 1 - 1990 Motion by Councilman Whitcomb ; seconded by Councilwoman Valentino , LOCAL LAW NO . 1 - 1990 A LOCAL LAW AMENDING THE ZONING ORDINANCE RELATIVE TO THE OCCUPANCY OF TWO-FAMILY DWELLING UNITS SECTION 1 . The Zoning Ordinance of the Town of Ithaca as re-adopted, amended and revised , effective February 26 , 1968 , and subsequently amended , be further amended as follows : 1 . Article I , Section 1 , Subdivision 6 is amended to read as follows : "A ' dwelling ' is a building designed or used exclusively as the living quarters for one or more families . " 2 . Article I , Section 1 , Subdivision 7 is amended to read as follows : "A ' dwelling unit ' is a dwelling , or portion of a dwelling providing complete living facilities for one family . " 3 . Article III , Section 4 , Subdivision 2 ( a) is amended to read as follows : " 2 ( a) A two-family dwelling shall be occupied by not more than two families and each dwelling unit in a two-family dwelling shall be occupied by not more than one family . " 4 . Article IV , Section 11 , Subdivision 2 ( a) is amended to read as follows : " 2 ( a) A two-family dolling shall be occupied by not more than two families and each dwelling unit in a two-family dolling shall be occupied by not more than one family . " 5 . Article V, Section 18 , Subdivision 2 ( a ) is amended to read as follows : " 2 ( a) A two-family dolling shall be occupied by not more than two families and each dwelling unit in a two-family dolling shall be occupied by not more than one family . " i Town Board Meeting 11 January 8 , 1990 Inlet Valley water and sewer construction - Summer ' 90 Supervisor. Raffensperger asked if there were any other suggestions . Councilman Whitcomb replied that the Public Works Committee had considered a Storm Water Management local law , draft , and it was sent back to the Engineering Department for comments . It needs further revisions and that he would like to add that to the list of objectives for 1990 . Supervisor Raffensperger remarked that she was sure the Board noticed that many of the engineering related items on the list have no completion date , this is because we do not have a Town Engineer at present , To Supervisor went on to say that one item that was not on the list was the attempt to extend recycling to the remainder of the Town . She stated that she was looking into the possibility of having the County cooperate with the Town in extending the recycling efforts to the rest of the Town . Councilwoman Leary suggested that changes be considered in the Personnel Manual with regard to employee benefits . Councilman Whitcomb remarked that on the Inlet Valley water and sewer construction - summer of ' 90 , Stuart Brown in his report specifically mentioned the Inlet Valley water and sewer and he said the impending construction of public water and sewer in Inlet Valley is a specific concern that warrants additional study by the Planning Board . What he was worried about was that development would be encouraged in the Inlet Valley area by the addition of water and sewer in that area without proper planning that is necessary to control that development . He. recommends that the Planning Board study the Stream Corridor Study which the Town Planner says is well underway and study the suitability of the current industrial zoning and he mentioned several other things that should be addressed . Councilman Whitcomb asked if the Town Board could charge the Planning Board with this , or the CPS ? Town Attorney Barney replied that the Town Board could certainly refer it to the Planning Board with a request for a recommendation on what legislation might be appropriate . Town Planner Beeners remarked that she and the Assistant Planner are watching the area very closely . She thought the Planning Board would be discussing this kind of a thing tomorrow night . RESOLUTION N0 , 9 Motion by Councilman Whitcomb ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca wishes to inform the Town of Ithaca Planning Board of the fact that water and sewer construction in the Inlet Valley area is eminent and request the Town of Ithaca Planning Board to review the construction for any impacts it might have on development and reconmend any legislativEa. changes that might be appropriate . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye ., Nays - none ) . ATTENDANCE AT ASSOCIATION OF TOWNS MEETING RESOLUTION NO . 10 Motion by Supervisor Raffensperger , seconded by Councilwoman Leary , Town Board Meeting 10 January 8 , 1990 SECTION 2 . In the event any portion of this law is declared invalid b-y a court of competent jurisdiction , the validity of the remaining portions shall not be affected by such declaration of invalidity . SECTION 3 . This local law shall take effect ten days after its publication pursuant to applicable provisions of law . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilwcman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 1 - 1990 was thereupon declared duly adopted . 1990 PRIORITIES /WORK PLAN Supervisor Raffensperger stated that this obviously was in draft form for the Boards consideration . The Supervisor then presented the following priorities list : Initiate work plan and implementation strategy for : 1 ) a comprehensive master plan document 2 ) concurrent strategic improvements to planning elements 3 ) revisions to codes 4 ) special studies Develop campliance checklists - 4 / 90 Authorize student study of Town Hall interior design , space utilization - 2/ 90 Develop proposal for improved records management - 6 / 90 Consider administrative and review fees , Planning , Zoning , Engineering , Legal - 2 / 90 Consider increase in permit fees , consider fees for Temporary Certificates of Occupancy - 2 / 90 Revise interim road specifications - 4 / 90 Complete Trumansburg Road Sewer Extension agreement with City and Cornell University - 2 / 90 Complete conveyance , certain water mains and sewer lines , by County and Hospital to Town of Ithaca - 1966 CB resolution , 1988 Dates Drive negotiations Prepare plan for water tank security , hydrant testing and painting and ROW maintenance Prepare schedule for PRV vault and telemetering pit maintenance Complete as-built drawings for 1987 water and sewer projects Town Board Meeting 12 January 8 , 1990 RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Councilman Klein , Councilwoman Leary , Councilman Liguori , Councilwoman Valentino , Councilman Whitcomb and Councilman Niklas to attend the Association of Town meeting , and FURTHER BE IT RESOLVED , that two members of the Planning Board and two members of the Zoning Board of Appeals also be authorized to attend the Association of Town Meeting to be held in New York City on February 18 to 21 , 1990 , and BE IT FURTHER RESOLVED , that the Town Attorney also be authorized to attend the meeting with the Town Attorney reimbursing the Town for any expenses incurred . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none) . NEWSLEP 1 Supervisor Raffensperger noted some changes that needed to be made in the Newsletter such as telephone numbers , but the substantial change is that the Planning Board meeting that is referred to on the second page under Planning Board vacancy will be changed to February 27th , Highway Superintendent Ozolins , referring to the section on towing of vehicles , remarked that if you can park on the street because there is no "No Parking " sign but generally throughout the Town the Town roads are not constructed in such a way so that you can ' t have parking on. the street and if you park any portion of your vehicle on the road you are in violation . Supervisor Raffensperger replied that the reason she put this in was that what we had in the Newsletter before was a very brief mention of a change in the Highway Law and it wasn ' t at all clear that you were going to get your vehicle towed and when people got their vehicles towed they felt they had not been very much informed . Because this is , in a sense , a warning she asked if it would be better to delete where it says "where parking is prohibited " ? Councilman Liguori remarked , that means you don ' t park on the pavement? Why don ' t you say that ? Highway Superintendent Ozolins replied that there are some areas that , depending on where the road is , when we go through and plow even though they are not parked on the road , for snow plowing they are still an obstruction because the road is narrow . Councilman Liguori replied , suppose you are visiting and you pull off of the pavement and you are parking on the shoulder , are you in violation or not? Highway Superintendent Ozolins replied , in most cases instead of having the vehicle towed they would be notified by either leaving a notice or calling the Sheriff Department . Generally , if you park on the road you are dead wrong . But here again , there are some areas where the road is narrow and even if you are totally off the road , as far as the paved portion it still constitutes an obstruction for snow plowing . Supervisor Raffensperger noted that this was taken exactly from the ordinance . She questioned if it would help in understanding this if instead of deleting "where parking is permitted" put it at the end of the sentence , or "where parking is permitted" . Town Board Meeting 13 January 8 , 1990 Councilman Liguori stated that he felt this was too drastic . He stated that he was thinking of his neighborhood and somebody is having a little party or something , it ' s customary for people to pull off the road on the shoulder to park . What you are saying is that there=_ may be an incident , once a year or twice a year , where a plow is going to have some problems . He stated that he felt it was pretty drastic to say you can ' t park on the Town roads just to satisfy this condition . j Supervisor_ Raffensperger replied that she understood because where she lived people who come to a party at her house park on the road but we passed this on July 10th and this being in the Newsletter is only trying to warn and explain to Town residents that this is already a Town Law . Councilman Liguori replied that he would like to put this on the agenda for reconsideration as he felt it was too drastic „ Highway Superintendent Ozolins replied that he disagreed . He went on to say that first of all , where Councilman Liguori lives it is a County Road and it doesn ' t effect him . But for example , over on Vista you have apartment houses with vehicles parked on both sides of the road and he couldn ' t even get a cinder truck through to salt . Supervisor Raffensperger suggested that the Highway Superintendent give Councilman Liguori a copy of the law and then may be he would like to make some comments on it . Councilwoman Leary suggested that an article on the disposition of Christmas trees be added . She also suggested that "Deliver to Current Resident " be typed on the bottom of the newsletter under the mailing label . i Councilman Klein remarked that he has received a few telephone calls about creating lighting districts . He felt that certain neighborhoods might be interested in creating districts and have no idea how to go about doing that . He asked if it wouldn ' t be appropriate to put something in the Newsletter . DISCUSSION OF PLANNING DEPARTMENT RECOMMATION ON COMPREHENSIVE PLANNING IMPROVEMENT PROGRAM , PRIORITIES AND WORK PLAN Town Planner Susan Beeners remarked that the Board had received a twenty page report which are her recommendations at the moment on work during that period of time . She stated that she attempted to go through and look at some of the consultant ' s recommendations and intregrate those recommendations with hers . The Comprehensive Planning Subcommittee and Planning Board did make som recommendations to the Town Board on further work . The main areas include developing some kind of a strategic action plan for which her draft was to be the start . This includes the procedures and codes , the development of goals and objectives which is a brief statement of where the Town wants to go . The statement could later develop into a policy plan and elements . To implement those legislative modifications and sane kind of a phase program that would be coordinated with what work would be done in master planning areas . The CPS generally recommended , also the Planning Board , that a consultant be hired to help Town staff and Boards in doing this work and that public comment be solicited on various issues . Both the Comprehensive Planning Committee and the Planning Board also recommended that their be reestablished a Codes and Ordinance Committee , a Conservation Advisory Board or Council to not only look at conservation policies and planning but also to assist the Planning Board in environmental assessment reviews . The Town Board Meeting 14 January 8 , 1990 Town Planner went on to say that that was essentially what both the CPS and the Planning Board both recommended and the Planning Board also went. along and recommended that a natural resource inventory and conservation overlay plan be a priority item and that we attempt to coordinate it the best we can with engineering and planning work . Such as the inventory of the different types of town infrastructure , that area should be well coordinated with the data needed in comprehensive planning . Town Planner Beeners went on to say that what she basically saw as a program, was about two years , perhaps a little shorter , at which time the Town would have an adopted master plan , a conservation overlay plan that is part of a master plan and a system for moving further after that time into such things as a really good capital improvements program . She stated that hopefully this could be accomplished by September or October of 1991 . There is a lot of work to be done and somehow she saw a process where both master planning and strategic types of planning would occur currently . We wouldn ' t be setting and waiting for a master plan to be completed but would instead put a lot of time into implementing code and procedure improvement , looking at special emergency planning areas where improvements are needed . May be specific master plans for specific ,areas and conservation oriented land use . There wouldn ' t be a stall put on everything while a more traditional type of a master plan was being completed . She stated that she saw the work being done by a Comprehensive Planning Committee of some kind . There would be a Codes and Ordinance Committee and also a Conservation Advisory Council for which scene funding reimbursement might be possible to get through the Department of Environmental Conservation . Those three committees , the CPC would be primarily the committee that would try to take staff and Planning Board suggested work priorities and put them into a more refined work plan . The Comprehensive Planning Committee would actually do most of the work for a master plan to hand over to the Planning Board for their review and approval . All three committees would be basically running concurrently and sometimes it would be desirable to have _joint meetings . The Zoning Board of Appeals should be involved on a routine bases with what code modifications might be drafted by the Codes and Ordinance Committee . She stated that she felt the temporary secretary position would need to be made a full time posit=ion for staff support and committee support . The Town :Planner went on to say that after six months there would be a reexamination of the priorities that were set and should reoccur on a reoccurring basis . She stated that she was assuming that a consultant would be brought on board as soon as possible around March so that they could oversee the general comprehensive planning .improvement program and make reccm mendations as to how this could be most effective in combining master and strategic planning . Perhaps there are other areas where a consultant might be involved , such as traffic and transportation . She stated that she has a list of priorities such as review fees which she felt was a high priority . She stated that she would be forwarding to the Codes and Ordinance Committee a list of code improvements for them to make revisions . The Comprehensive Planning process itself is something she has tried to outline a schedule and she felt a consultant would help in keeping this on track . The Conservation Advisory should be able to review and complete an open space index by January of 1991 . Supervisor Raffensperger remarked that this was not an action item for the Board tonight only a discussion item . Any written comments would be helpful for the Town Planner , Councilman Whitcomb remarked that he thought the Town Planner was to be commended for the amount of work she has put in the document Town Board Meeting 15 January 8 , 1990 and is an excellent overview of the situation as it exists now . The problem he has with it is that he would like to see it more action oriented , may be he was being premature , but he would like to see specific work plans something visual like flow charts or something . This has to happen before this can happen , how does it all fit together , how does it all cone together . May be this is where a consultant could help us initially , designing a road map of how to get from here to there . Town Planner Beeners replied that she had tried this with little yellow stickies but it didn ' t work . She went on to say that she knew visual aids were deficient in this proposal . Councilman Whitcomb asked what kind of steps did the Town Board need to take to initiate in getting a consultant on board? Supervisor Raffensperger replied that she thought the timetable has the Board authorizing a consultant time and staff time in March . She felt it was for the Town Board to decide if they once again wish to have the Comprehensive Planning Committee given the charge of selecting a consultant . But at that point it seemed to her the Board should be ready to make some kind of a decision about how much consultant time do we need and how much staff time do we need to accomplish these goals that we have outlined . Councilman Whitcomb replied that he would like to see how much staff time can be allocated before March . Town Plainer Beeners replied that the Town Board resolution of December 11th did request information and an estimate of the time commitment necessary to implement a improvement program . She stated treat she has found this very difficult to do at this time . It has to be looked at carefully to determine benefits to other departments . As far as staff time goes , she had estimated that the equivalent of one present planning position or half of herself and half of the Assistant Planner would be available for the project . That the Planning Technician position would be full time dedicated to the work of the improvement program . Trying to figure out consultant time was very difficult . Brown spent 400 hours at this work at no great profit to himself , it really depends on how much work is given to the consultant to do . Councilman Whitcomb replied that he felt the success of the program was going to hinge on how specifically the various committees can be charged . The Board should spend some time thinking about what they want to do and what we want the committees to do . Supervisor Raffensperger again asked the Board to give the Town Planner their written comments on priorities and roles of the various committees . PURCHASE OF COMPUTER AND OFFICE FURNITURE FOR SUPERVISOR. Supervisor Raffensperger stated that she asked Assistant Planner George Frantz to make a recommendation on a computer that would be an important aspect to the Planning Department and also available for her use . Mr . Frantz recommended a McIntosh SE30 -40 . Therefore , she was asking the Board to authorize the purchase of a McIntosh SE30-40 and an accompanying table , etc . , and some office furniture for the Supervisor ' s office . She noted that the computer would be $ 4 , 750 , total amount not to exceed $ 5 , 500 . RESOLUTION NO , 11 Motion by Councilman Liguori ; seconded by Councilwoman Leary , Town Board Meeting 16 January 8 , 1990 RESOLVED , that the Town Board of the Town of Ithaca hereby authorize! the purchase of a McIntosh SE30-40 computer , computer table , etc . , and office furniture for the Supervisor ' s office . Total of such purchases not to exceed $5 , 500 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . KENDALL AVENUE/PENNSYLVANIA AVENUE OPENING Supervisor Raffensperger stated that what was asked at a previous meeting was to have the staff come up with an estimate of the cost for Kendall Avenue/Pennsylvania Avenue opening . Assistant: Town Engineer Erik Whitney stated that the cost is based on field work and an existing survey along with some existing comments from the Engineer in 1978 . Larry Fabbroni made the initial estimate and the plan for the road at that time . We came up with a figure for the completion of both Kendall Avenue and Pennsylvania Avenue , to their intersections and a little bit past . The over-all cost for the completion of both roads is between $ 81 , 000 and $ 136 , 000 . The lots have approximately 50 ' frontage so it would result in approximately $ 1 , 800 per lot to extend the road . Also , he stated that he had consulted with T . G . Miller about updating the map that was done in the ' 70 Is and legal fees . The upper range would be building the road exactly to our current interim specs , the lower amount would be for building the road to what is now existing out there . Supervisor Raffensperger remarked , this gives us some kind of an idea which we did not have before . She then asked the Town Attorney if he would like to speak on the legal aspect . Town Attorney Barney replied that there were several ways of proceeding . One is not to do anything , leave it status quo , which has been happening for several years . If you choose to proceed there aria several ways , one is the Town can choose to build the road and expend the money . The second option which initially was rejected but going back and looking it a little more carefully today , is to suggest to the residents and landowners there that they produce a petition under Section 200 of the Town Law which has to be signed by 500 of the residents or 80 % of the owners . Petitioning to have the road constructed and if you go that way you can then charge back to those landowners involved the cost of constructing the road . It ' s like a benefit district . So that the Town would , under those circumstances , go ahead and build the road but then they would access the cost on a equitable bases to the abutting property owners . That also can be done as a third option without the need for a petition . Given the magnitude of the dollars here it would be somewhat more palatable to the neighbors and probably more advisable to have it cane as a petition . One of the things the petition has to state is the cost that it will not exceed "Xr " dollars . If you go by a simple resolution to do it that is subject to a permissive referendum , if it ' s done by petition it appears it is not subject to a permissive referendum . The title to this road is not totally clear , in fact , the title is somewhat obscure . The property was in a subdivision that was done in the early part of the century , 1907 or 1908 and the road was plotted at that point and lots were sold and then the Ithaca Land Company went bankrupt ,, the last few deeds were sold by court order . There is no conveyance that we can find anywhere of the road . There is no reference anywhere as to what happened to the Ithaca Land Company after about 1932 or 1933 . The road in fact has been used . There is some case law which says then when a road is platted on a map that is in essence an offer to dedicate the road to the Town and Town Board Meeting 17 January 8 , 1990 the Town can accept that offer by using the road . He stated that he would somewhat hesitate to advise the Town to go that route . The other route is to condemn the road and the condemnation proceedings , he felt , would be very expensive because we don ' t know who to sue . So you are going to naming , publishing all over the country ride , having to do a lot of investigating to find out who the heirs of the Ithaca Land Company are and then publishing your notice and publishing your service of process on unknown people . He stated that he just couldn ' t invision that if the Town went ahead and built the road that somebody is going to cane in at this late date and say wait a minute you can ' t use this for a road . He stated that his recommendation was that knowingly to go ahead and assume that you have enough of a title to go ahead and construct the road „ Councilman Liguori asked if there was a middle ground where the Town could participate at some percentage and the neighbor or benefitters participate , like 50 - 50 . Town Attorney Barney replied that he did not think so , at one point this was discussed . Middle ground could be to divide the construction into two phases and say the Town will do "X" portion of the construction but the balance of the improvement will be done by the landowners . You would have to separate that into two projects ., Bill Hilker stated that he had been involved in this for the last fifteen years or so . We have been , a whole group of us , have been trying to get something done with this roadway . The earliest decision: that were made was that the Town did not have a right to it and we couldn ' t give the right so we reached a stalemate between the Town and the group . One of the problems is that none of us have been able to get building permits but yet we are assessed for full water and sewer just as if we had access to it and the water and sewer is within the road right-of-way , has been installed , it is there and we are paying for it . On that basis he felt there should be some responsibility on the part of the Town to let us go ahead and use it . On the other side of the coin , none of us have ever said to the Town that we wanted the Town to put in the road at Town expense . Naturally we would like that , we would like the road put in anyway it can get put in , that ' s the basis of the whole thing . We are not opposed to paying for the cost on it we just need a vehicle to do it by to get the road put in . At one time about twelve years ago , he put in the base for the road about 300 ' of it ready for oil and stone and even with the base in there he could not get a building permit . We have tried every method possible ., Town Attorney Barney remarked , when you say you can ' t get a building permit , did you apply to the Board of Zoning Appeals ? Mr . Hilker replied , we made an application and were turned down . We did not go to the Board of Zoning Appeals because we were told that without a roadway in there they would not approve it anyway , so didn ' t; do it . Back in those day may be it wasn ' t so clear cut as it is now. Town Attorney Barney replied that it was not as clear to him today that under Section 281 or 288 that the BZA clearly has the authority to grant a building permit or overall rule the decision to deny a permit when not constructing on a road if they find there is adequate access for fire and emergency vehicles and it ' s a practical_ difficulty so he felt to say today that you can ' t get a building permit is not quite accurate , may be ten years ago but not today . Town Board Meeting 18 January 8 , 1990 Mr . Hilker added , the issue needs to be solved sooner or later and we would like to get it solved as soon as possible , at our expense , the Town ' s expense , however , it takes to get it there . Supervisor Raffensperger asked Mr . Hilker if it was his assessment that 50 % of the residents or 80 % of the owners would be willing to present the Board with a petition and would be willing to have the front footage cost assessed to them? Mr . Hilker replied , yes . There is only one resident down there that he knew of that is opposed at all and that resident may not be opposed at this time as circumstances have changed . That is one resident that owns probably , they reside on one lot but own three lots . Councilwcmian Valentino asked , how many lots are there ? Mr . Hilker replied 40 or 42 lots , it depends on how you look at it , that would front the road if approved . He felt that close to 90 % of the landowners want the road put in . Mr . Hilker went on to say that he did not know that the Assistant Engineer had figures on building the road so today he had gotten some figures from a contractor who puts in roads for a living and for scraping the top soil off , building up the base and putting the crusher run and shouldering it and oil and chipping it , the least that can be done , it came out $ 38 . 00 per lineal foot and he figures 1 , 300 feet which would be $ 50 , 000 . If it were fully blacktopped it would be $53 . 50 per lineal foot on a twenty foot wide surface which he was not sure were Town specs at this time , which would be $ 78 , 000 but: if you add the other- 200 lineal feet in there you are adding another $ 1 , 000 or so . This doesn ' t include engineering cost or legal fees but he felt it was a reasonable cost . 1989 ENCUMBRANCES RESOLUTION N0 , 12 Motion by Supervisor Raffensperger , seconded by Councilman Liguori , RESOLVED ,, that the Town Board of the Town of Ithaca hereby authorize the following list of 1989 Encumbrances : SUPPLIER ACCOUNT AMOUNT Carino Nurseries B7140 . 402 $ 654 . 50 Musser Forests B7140 . 402 461 . 10 Sears B7140 . 402 40 . 00 TOTAL $ 1 , 155960 Scott Landscaping F8340o470 $ 100000 Scott Landscaping F8340 . 470 700 . 00 Don Swearingen F8340 . 470 11962 . 50 TOTAL $ 2 , 762 . 50 ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . TEMPORARS' FULL-TIME SECRETARIAL AID FOR PLANNING DEPARMENT Supervisor Raffensperger noted that Dani Williams was authorized by the Town Board , in a temporary full- time position in the office of the Town Planner and the Town Engineer for a period of six month commencing October 6 through March 6 . She is , however , leaving Town Board Meeting 19 January 8 , 1990 that position and going to the Zoning Office and that leaves that temporary full-time position vacant . RESOLUTION NO , 13 Motion by Supervisor Raffensperger , seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that the position of temporary full-time secretarial aid for the Planning Department be permitted to be filled for the remaining period of the original authorization , until March 6th . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . DATA ENTRY CLERK FOR JUSTICE WALLENBECK RESOLUTION N0 , 14 Motion by Councilman Whitcomb ; seconded by Councilwoman Valentino , WHEREAS , the Town Board of the Town of Ithaca at the November 11 , 1989 meeting approved the hiring of Susan Belles as a data entry clerk for Judge Wallenbeck at an hourly rate of $ 7 . 00/10iour for 15 hours per week , and WHEREAS , Susan Belles has resigned due to a personal change in her life , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoint Susan Greene to assume the position of data entry clerk for Judge Wallenbeck at $ 7 . 00 /hour for 15 hours per week . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . WATER AND /OR SEWER BENEFIT ASSESSMENT REFUNDS RESOLUTIOiV NO , 15 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , WHEREAS , Donald Dietrich as charged for 1 unit of sewer on his 1990 Town and County Taxes , and WHEREAS , Mr . Dietrich does not have access to the sewer main , and WHEREAS , -the taxes on the property were paid in full on January 8 , 1990 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 62 . 00 for sewer be made to Donald Dietrich , 10 Orchard Hill Road , Ithaca , New 'York . Tax Parcel No „ 22-2-2 . 6 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none) . RESOLUTION NO . 16 Town Board Meeting 20 January 8 , 1990 Motion by Supervisor Raffensperger , seconded by Councilman Whitcomb , WHEREAS , Gary and Colleen Sforzo were charged for 2 units of water and 2 units of sewer on their 1990 Town and County Taxes for their property located on John Street , and WHEREAS , they should have been charged for 1 unit of water and 1 unit of Newer , and WHEREAS , the 1990 taxes were paid in full on January 3 , 1990 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 62 . 00 for sewer and $ 64 . 00 for water , total refund of $ 126 . 00 be paid to Gary & Colleen Sforzo , 39 Catherine Drive , Dryden , New York 13053 . Tax Parcel Number 56-3-13 . 11 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . TEMPORARY CERTIFICATES OF OCCUPANCY AND FOUNDATION PERMITS Supervisor Raffensperger noted that the Board had a memo from the Town Attorney and the Building Inspector on this subject . Town Attorney Barney replied that they had provided in both instance: for discretionary authorization to issue certificates of occupancy or foundation permits under certain specified circumstances . We made provisions that they were not to be issued except where there was no findings that health , safety , those kind of issues concerns were involved . We put it in a memo simply because lie wanted the Board to have a chance to look at it and react to it and if it made sense then he would cone back to the Board with proposed legislation . Andrew Frost remarked that in the process and he could riot remember which project it was , we further discovered that in 1987 when we made a local law to adopt officially the New York State Uniform Fire Protection and Building Code to replace the old code , that we already provided authorization for the issuance of temporary certificates of occupancy , so we have had that authorization for a couple of years . He felt the newer proposal deals with the issuance of temporary certificates of occupancy more specifically . Councilman Liguori remarked that he was bothered by the words " the officer will have the right to revoke permits without cause . " He stated that he felt this was highly unreasonable . And , he did not think it was even legal to give an individual the authority to revoke a permit without cause . He stated that he felt the Town Attorney had the reasons for revoking it very well spelled out so you don 't have to say in here that it may be revoked by the Building Inspector at any time with or without cause . Town Attorney Barney replied that this come from years of legal work with the Town and putting the Town in the best possible position . If you have to revoke it for cause or give a reason for revoking it , that ' s the circumstances under which law suits are made because there is always an argument . The cause under which we choose to revoke is not sufficient cause to warrant the revocation . But if we give the authority , this is a temporary certificate which we are saying right up front you are not entitled to , but once you get it if something surfaces and Mr . Frost or the Town Board , the Town Supervisor becomes aware of something that shouldn ' t have been there but may be it doesn ' t quite jump to the level of true cause , Town Board Meeting 21 January 8 , 1990 giving the authority you eliminate that argument . Is it legal ? He stated that he felt it probably was given that you are dealing with a temporary certificate because there is no automatic entitlement to begin with . It certainly would not be proper to revoke a legal building permit without cause . Councilman Liguori questioned the same sentence under the foundation permit . Mr . Frost replied that he felt it would be unusual , unless the Town Board directed him to withdraw . . . . . . . Councilman Liguori replied , absolutely and this was why he was suggesting that the Town Board do the revocation . Mr . Frost replied , you must remember we are dealing with three things . The Building Permit which once issued , if it is going to be revoked is going to have to be for cause such as not complying with laws , then ultimately you have a certificate of occupancy . The temporary certificate of occupancy is really a courtesy which we are not required to issue . In scene respects he did not feel the Town was being unreasonable in taking it away without cause . He stated that he had no problem with letting the Board take the permit away . Town Attorney Barney remarked that he had put it that way because in terms of litigation he liked it that way . If it ' s a policy matter we can take it out . supervisor Raffensperger speaking to Councilman Liguori remarked , what you would prefer to see is that the Building Inspector may suspend that temporary permit and only the Town Board can revoke it . Councilman Liguori replied , to suspend it means you put them on notice , don ' t do any more building on that foundation . Then they could appeal and the Town Board would reserve the authority to revoke . He asked if there were very many of these ? Mr . Frost replied , no . He went on to say that administratively in terms of building there is a very specific building code , that the function of a Building Inspector is to put a stop work order on a project for a cause for non-compliance with a code is a totally different issue . Councilman Liguori replied , a stop work order but that is not the revocation of an authority or right that you have given them . Town Attorney Barney replied that he did not think the Town wanted to take away the right of the Zoning Enforcement Office to revoke a permit for cause , under any circumstance . A Town Board meets monthly you can have circumstances where a permit is inappropriately issued so it should be revoked either because the plans ar inadequate or their i e s construction not in accordance with the plans , the permit has to be revoked , you don ' t want to give that up . He stated that he could see making an argument that you don ' t want to say that you can revoke it without cause but he stated that he would strongly urge the Board not to say that only the Town Board can revoke a building permit for cause . Councilman Liguori asked the Town Attorney to give him one example where another enforcement officer has the authority to revoke a permit a legally issued permit , temporary or otherwise . The Health Department has absolutely no authority to do that , the Health Commissioner has no authority , he can suspend , he can go to the Board of Health and get a revocation . He stated that he did not Town Board Meeting 22 January 8 , 1990 know of any enforcement officer who has the authority to revoke a legally issued permit . Town Attorney Barney replied , you are making a determination when you say legally issued . If it ' s issued you can revoke it , and that ' s the circumstances that cane up in most cases . Councilman Whitcomb remarked that if they are issued then as much protection as can be built in should be built in for the Town . Mr . Frost: remarked that the bottom line is to either stop occupancy or stop construction , with cause or without cause . He stated that he had no problem with giving the Building Inspector the authority to suspend the permit and let the Town Board thirty days later revoke it as long as the occupancy of the construction does not commence until the Board can revoke it . Councilman Liguori stated that he thought that it was the public they were dealing with here , he was not trying to make it easier for the Town . He stated that he thought the Town did have an obligation to consider temporary permits under these valid conditions but what he is says is that in his judgement and enforcement officer cannot have the responsibility for enforcement and at the same time take away a right from an individual . He stated that he had never seen it done before , especially when you say in here you can do it without cause . Town Attorney Barney remarked that he has had situations where the Town Supervisors have revoked a building permit issued by a Zoning Officer where it turned out that representations were made for the foundation permit that turned out not to be accurate and before any significant construction was started the permit was revoked so they couldn ' t say they had a vested right in the permit . He stated that in the building industry , revocation of building permits is not all that uncommon . Supervisor Raffensperger remarked that the Town Attorney needed a sense from the Board , if we wish him to proceed pretty much along these lines to authorize these two temporary devices under these kind of guidelines . Councilwoman Valentino stated that under foundation permits , something that she has seen from time to time are foundations that are there for 10 or 15 years once they have been built , what would happen if` somebody . . . . . . . . . . Mr . Frost remarked , the Zoning Ordinance wouldn ' t permit it , Section 59 or something requires that a foundation if has not been touched within a years time has to be filled in . The same with a burned out building . Councilwoman Leary remarked that it seemed awfully broad where it says "upon request the Zoning Officer can grant a temporary certificate of occupancy provided that : practical difficulties exist because of . . . . . . . any other reason found by the Building Inspector " . Town Attorney Barney replied that the reason we use that language is because there has to be a finding under subparagraph ( a ) and there has to be some other reason listed here or the Building Inspector finds some other reason . If life is threatened say , then he can ' t issue it no matter how many other valid reasons there are . Councilwoman Leary remarked that it kind of gives up some of the other kinds of controls the Board would like to have . i Town Board Meeting 23 January 8 , 1990 Councilman Klein replied , but it is strictly discretionary . You have to have faith in the Zoning Officer . Basically what we are doing is outlining guidelines for the Zoning Officer as he has been in a situation before , he has expressed what these guidelines should be , he has protected the Town . It ' s not a guarantee , nobody is entitled to it , it ' s a privilege , there is a cost associated with it and we have left a lot of discretionary power in . the hands of the Zoning Officer yet the Town Board can revoke it . You really are trying to cover all bases and he felt it would work well . If it ' s a small item you can issue it but if you feel it ' s something major you have the right to say you want to take it before the Town Board , The Town Attorney agreed to go ahead and draft a local law to be presented at the next meeting for the Boards discussion and then if it is on tract , set the date for a public hearing . EXECUTIVE SESSION RESOLUTION N0 , 17 Motion by Councilman Liguori ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby move into Executive Session to discuss pending litigation . (Raffensperger , Whitccmb , Leary , Klein , Liguori and. Valentino voting Aye . Nays - none ) . OPEN SESSION RESOLUTION NO , 18 Motion by Councilman Klein ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby move back into Open Session . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . TOWN OF I'MCA WARRANTS RESOLUTION N0 , 19 Motion by Supervisor Raffensperger , seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town Ithaca hereby approves the Town of Ithaca Warrants dated January 8 , 1990 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . $ 40 , 504 . 18 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . $ 23 , 059 . 78 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 202 , 696 . 95 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15 , 959 . 34 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 20 Town Board Meeting 24 January 8 , 1990 Motion by Supervisor Raffensperger , seconded by Councilman Whitcomb ,, RESOLVED ,, that the Bolton Point Warrants dated January 8 , 1990 , in the Operating Account are hereby approved in the amount of $ 67 , 404 . 775 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . RESOLUTION N0 , 21 Motion by Councilman Klein , seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to represent the Board of Zoning Appeals yn the matter of Ivar and Janet Jonson versus the Zoning Board of Appeals . (Raffensperger , Whitcomb , Leary , Klein , Liguori and. Valentino voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Town Clerk