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HomeMy WebLinkAboutTB Minutes 1991-04-29 TOWN OF ITHACA SPECIAL TOWN BOARD MEETING April 29 , 1991 At a Special 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 , there were : PRESENT : Shirley Raffensperger , Supervisor John Whitcomb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman ALSO PRESFNT : John Barney , Town Attorney Dan Walker , Town Engineer George Frantz , Acting Town Planner Linda Nobles , Assistant Budget Officer PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . LOCAL ADVISORY BOARD OF ASSESSMENT REVIEW Supervisor Raffensperger noted that the Local Advisory Board of Assessment. Review was scheduled to meet on Wednesday , May 8th from 3 : 00 P .M . to 6 : 00 P . M . Councilwoman Leary volunteered to attend and Supervisor Raffensperger asked Councilman Liguori if he would be available . Councilman Liguori agreed he would . APPOINTMENT OF TOWN PLANNER RESOLUTION NO . 108 Motion by Councilman Whitcamb , seconded by Councilman Niklas , WHEREAS , the Town of Ithaca received 103 applications for the position of Town Planner , and WHEREAS , the selection committee conducted interviews of eight applicants , and WHEREAS , the selection committee has recommended the appointment of Floyd Forman as Town Planner , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoint Floyd Forman as Town of Ithaca Planner at an annualized rate of $ 32 , 500 , an adjustment in that salary to be considered after a six-month probationary period , AND FURTHER BE IT RESOLVED , that a relocation reimbursement of up to $ 1 , 000 is authorized . Town Board Minutes 2 April 29 , 1991 (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . PUBLIC HEARING TO CONSIDER AN APPLICATION FROM THE MONTESSORI SCHOOL OF ITHACA , 120 EAST KING ROAD , FOR A PERMIT TO HOLD AN OUTDOOR MUSIC FESTIVAL THAT MAY INVOLVE NOISE ABOVE THE NOISE LEVEL PERMITTED UNDER THE TOWN OF ITHACA NOISE ORDINANCE Proof of posting and publication of a notice of a public hearing to consider an application from the Montessori School of Ithaca , 120 East King Road , for a permit to hold an outdoor music festival that may involve noise above the noise level permitted under the Town of Ithaca Noise Ordinance having been presented by the Town Clerk , the Supervisor, opened the public hearing . Andrea Coby , Administrator for The Montessori School of Ithaca presented the following letters from their closest neighbors . A letter from Evan N . Monkemeyer , Property Manager , Monkemeyer Property Management , 123 King Road , East , dated April 26 , 19910 "We understand that the Montessori School of Ithaca will be hosting an outdoor music festival on Sunday afternoon , May 19 , 1991 , from 1 : 00 P . M . to 5 : 00 P .M . and support their fund raising effort . We give our permission for the field in front of the school to be used during the festival . We want to thank the Montessori School for their educational and innovative architectural contribution to the South Hill Ccmmunity . We believe the entire Ithaca Community should support your fund raising efforts . " Also a letter from Mark and Cathy Nelson , 122 East King Road . "We understand that the Montessori School of Ithaca will be hosting an outdoor music festival on Sunday afternoon , May 19 from 1 to 5 and support their fund raising effort . " Supervisor Raffensperger noted that Ms . Coby , the Administrator for the Montessori School of Ithaca was in attendance if the Board had any questions . She went on to note that the event was an outdoor music festival fund raiser to be held on Sunday , May 19th from 12 : 00 P . M . to 6 : 00 P . M . Councilman Niklas asked the Town Board to vote on whether or not he was permitted to vote on this matter . He noted that he was a resident of South Hill he did not live next to the Montessori School but he did live within one and one half to one miles from the School . He felt there was a potential for conflict of interest and he knew that we don ' t have an ethics charge yet but in anticipation of it he recalled that a Board member who felt that his or her vote might be construed as a conflict of interest could request a vote of the other Board members on the matter and he was doing that . Town Attorney Barney remarked that he was not sure the Town had a procedure in place for this right now but if the Board would like an advisory opinion he was sure . . . . . . . . Councilman Niklas remarked that he thought it was advisory . Councilman Whitcomb remarked that Councilman Niklas probably lived no further away than he did . Town Board Minutes 3 April 29 , 1991 Councilman Niklas replied that he thought he lived closer , in terms of unobstructed view, he could actually see the Montessori School from his second story window . He did not think Councilman Whitcomb could see the school because of foliage so sound would be defected . Councilwoman Leary remarked that the kind of conflict of interest that the committee was most concerned with is financial gain . In a ways it ' s good that you live there , that one of us lives near the event . You are also representing the people who live nearby as well as t -te rest of the Town . Councilman Liguori remarked that he would hate to establish that kind of activity as a conflict of interest . Why don ' t you just abstain . Supervisor Raffensperger replied that she was going to express her opinion that it was not a conflict of interest . That each one of us lives in neighborhoods that we probably know better than anyone else on the Board and that we have a responsibility to represent not only the entire Town but to bring our specific knowledge of the neighborhood to the Board , for the benefit of the rest of the Board . Councilman Niklas stated that he would like to ask the representative from the Montessori School if she would object to his voting ? He asked if she objected , on principal , to his voting? Ms . Coby replied , no . The Board members did not feel this constituted a conflict of interest . Councilman Niklas noted that he had written up the following six issues which he felt were generic and has nothing to do with the Montessori School but questions he would like to see addressed by the Town Board to deal with the granting of a permit . Items to be considered when granting a permit for events that violate the Town of Ithaca ' s noise ordinance : 1 . Who is in charge of the event? That is , who is legally responsible for the consequences of the event ? 2 . Who will monitor the event and in what manner will the event be monitored? Will the police or sheriff ' s office be on hand to observe and regulate activities ? Will property owners near the site of the event be provided with telephone numbers ( or some other mode of communication) whereby the designated responsible agent or agencies may be contacted? 3 . Will the event end at a reasonable time ( curfew) to minimize the effects of noise and other related activities ? 4 . Who will enforce the curfew and in what manner ? What is a reasonable "grace " period for the dispersal of the participants ? 5 . What are the consequences ( to the responsible agent or agencies , as well as to the Town Board) if the curfew is violated? 6 . Is the Town assured that a violation will result in a reprvnand? Town Board Minutes 4 April 29 , 1991 Councilman Niklas went on to ask , what are the criteria whereby we evaluate an applicant ? What is the necessity of the event , how loud do you anticipate the event to be , etc . , etc . Supervisor Raffensperger replied that the legislation sets up scene criteria for the authorization for a permit . Councilman Niklas remarked that some of the things that concern him is who is in charge of the event , is there someone who is going to be formally designated by the Montessori School who would be legally responsible . He stated that his experience is that bands , at least when it involves students , involves drinking . Ms . Coby replied that they were not college students and the people who will be performing at the concert are actually parents who happen to be band people as well . She went on to say that she would be in charge of the event , legally . We have a series of security people lined up who will be walking the grounds . The Sheriff has been contacted and if we call a couple days ahead of the event they will have someone there . She went on to say that the event was being advertised as alcohol free , there will be not alcohol allowed on the premises and if found it will be discarded . Councilman Niklas went on to say that the last three questions related to the Town Board and that is who will enforce the curfew and in what manner and also he felt that you could not just stop an event in its tracks . There probably has to be a reasonable grace period for the dispersal of the participants who are making the music . If they are in the middle of a song he did not expect them to stop at the stroke of six o ' clock . So there was a question of what a reasonable grace period would be . Also , what are the consequences to the responsible agencies as well as the Town Board , if the currfew is significantly violated . And then , is the Town assured that a violation will result in a reprimand . Town Attorney Barney replied , there is not grace period . He thought that the Montessori School should understand that the permit applied for was for a specific period and at 6 : 00 if that is what the permit is applied for , there is no more music , there are no more bands . Ms . Coby replied that they had taken that into consideration when they applied for the permit . The actual music will be from 1 : 00 P . M . to 5 : 00 P .M . , the remainder of the time is for setting up and taking down . Town Attorney Barney continued , once you go past the permitted period you are in violation . Councilman Niklas replied , the source of noise that we are considering is music but additional sources of noise is traffic and you get frustrated . . . . . . . Town Attorney Barney replied , those are not subject to permit . The noise that we are governing here is the noise from amplifiers . Councilman Niklas asked the Town Attorney if he would care to comment on number 6 ? Town Attorney Barney replied that he assumed that if the music did not cease at six o ' clock , then anybody can file a complaint . councilman Liguori asked if there was anything in the two letters that Ms . Coby presented , that suggested how far away these people were from -the school . Town Board Minutes 5 April 29 , 1991 Ms . Coby replied that Mr . and Mrs . Nelson were their backyard neighbors ,, they are very close to the school . Evan Monkemeyer is a field and across the road from the school . Supervisor Raffensperger remarked , the letters you have are from the closest neighbors ? Ms . Coby replied that she thought the other ones were rentals . Councilman Niklas noted that there were a number of homes on a side road behind Sam Peters and he did believe the majority were rentals but he did not think they were all rentals . Also , some of those people are elderly . There are a series of homes on the old King Road . He went on to say that this raises the general issue of whether people are really informed about this up and coning event . Supervisor Raffensperger replied that we did have the notice of the public hearing and we sent the South Hill Civic Association a notice , also . Acting Town Planner George Frantz stated that there was one concern that he would like to bring to the Board ' s attention . Parking is a problem for the old King Road and does serve as an overflow for Montessori School parking . On a number of occasions people have actually blocked driveways . Perhaps parking should not be allowed on the south side . Ms . Coby replied that they actually have requested from Sam Peter to use their parking lot as well as Evan Monkemeyer ' s parking lot for his apartments above and below the school . There will be somebody from the school directing people to park in those areas . Councilman Niklas remarked that he would like to get back to the issue of notification . Currently Codes & ordinances is discussing a posting of signs ordinance indicating when a developer or property owner is planning on doing some activity on the property . As part of this the developer or owner will be required to notify adjacent property owners and owners across the street . He wondered if a similar attitude should be considered in terms of applicants coming before us asking for a permit . Not necessarily that they consent to the activity but that they have been notified of the activity . Supervisor Raffensperger remarked that she did not see any reason why that when someone cones for an application that the Town Clerk could not instruct them that the Town Board prefers that there be a notification of the property owners that are contiguous and across the street . Councilman Whitcomb remarked that he thought that the purpose here , once we resolve whether or not those mechanisms have been followed , is to determine whether or not the benefits of this outweigh the rights of the neighborhood . Councilman Whitcomb then asked Ms . Coby to explain what the purpose was , for the record . Ms Coby replied , to raise funds for the ongoing development of the School . Councilman Niklas asked why was the sound level going to be above the acceptsbles ? Ms . Coby replied that anytime you use amplifiers for more than one instrument , she was not a musician , but you tend to go above the specified noise level . She went on to say that this was going to be an acoustical concert . The Burns Sisters who will be the major Town Board Minutes 6 April 29 , 1991 band at the concert said that the amount of amps was going to be more than allowed . As no one in the public wished to speak for or against the application , the Supervisor closed the public hearing . RESOLUTION NO . 108 Motion by Councilman Whitcomb , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the application for an event above the noise level from the Montessori. School of Ithaca for an outdoor family music festival fund raiser to be held May 19 , 1991 from 12 : 00 P . M . to 6 : 00 P . M . with the understanding that the parking is to be controlled by officials of the School and that there will be no parking on the south side of old King Road . Supervisor Raffensperger called for a roll call vote . Councilman Liguori Voting Aye Councilwoman Leary Voting Aye Councilman Klein Voting Aye Councilman Niklas Abstaining Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye The Permit was duly granted . EXECUTIVE SESSION RESOLUTION N09 109 Motion by Councilman Niklas ; seconded by Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby move into Executive Session to discuss a personnel matter . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . OPEN SESSION RESOLUTION N0 . 110 Motion by Supervisor Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby move back into Open Session . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Town Board Minutes 7 April 29 , 1991 �ez 77. 10, Clerk