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HomeMy WebLinkAboutTB Minutes 1988-08-30TOWN OF ITHACA SPECIAL TOWN BOARD MEETING August 30, 1988 At a Special Meeting of the Town Board of the Town of Ithaca, Tonpkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 30th day of August, 1988, there were: PRESENT: Noel Desch, Supervisor Henry McPe^, Councilman Shirley Raffensperger, Councilwoman Robert Bartholf, Councilman Patricia Leary, Councilwcman Thcmas Cardman, Councilman ALSO PRESENT: Alfred DiGiaccmo, 1025 Hanshaw Road Gloria Howell, 120 Clover Lane Dooley Kiefer, 629 Highland Road David Klein, 306 Winthrop Drive PLEDGE OF ALLEGIANCE The Si:ipervisor led the assearfDlage in the Pledge of Allegiance. TOWN BOARD VACANCY Supervisor Desch remarked that the Board members may wish to ask questions of the prospective applicants. He stated that he was sijre each would have different ideas on questions and suggested they start with Councilwcman Leary and go around the table. He suggested answers be limited to two minutes because it is no longer a one iton agenda. Alfred DiGiacomo, 1025 Hanshaw Road stated that he was a resident of Long Island, now a resident of Ithaca living here for the past eight years. Mr. DiGiaccxno stated that he was interested in serving on the Town Board. For one thing he thought it was a nice Town and he wanted to see it remain a nice Tcwn. He stated that he has seen v^t happens to nice Towns on Long Island when they grow too rapidly uncontrolled and that he would hate to see that happen to Ithaca. He stated that he was also concerned about the way our roads approach Cornell, for exairple, they are over burdened. They are overburdened now, as a matter of fact, with bridge closings. He stated that he was also concerned with another aspect, tax increases and the impact of the value of our hones and the assessment to keep up with the tax base. A lot of future citizens of Ithaca will not be able to live here, as has happened on Long Island. Gloria Howell, 120 Clover Lane stated that she has lived in Ithaca all her life and in the Town of Ithaca for over 30 years. She stated that she has a special interest in the Town of Ithaca as she has been on the Town Board for four years and has been active in a lot of areas such as the Youth Bureau and have really taken a real interest in it. She stated that she went to the Town Board meeting last night and understands \^at everybody is talking about but she did not believe in a moratorium on building but she did believe in controlled type of building. The situation in this area, it's hard for her to understand ^y all of a sudden everybody is going hog Town Board Minutes 2 August 30, 1988 wild and really trying to plug up every hole we have in this area or every little piece of land we have in the area is being built on. If we do have controlled building she felt we could keep on building and to her it was progress, Dooley Kiefer, 629 Highland Road stated that she had lived in town for over 30 years also and she has chosed to stay around here and not move away even though the kids are grown and gone. She stated that she has continued to try to pay attention to Town affairs since her time on the Board, She stated that she has made it to various Board meetings, that she knew about, since the vacancy had occurred as a demonstration of her interest on being back on the Board, As most of you know, she stated that she was particularly interested in planning issues and didn't limit that just to environmental aspects even though that was vtot she was chosen to address last night, Mrs, Kiefer stated that the vdiole question of how one decides on provision of infrastructure, sewer, water, even the cable franchise and the life safety services, the v^ole package, she stated that she was interested in all of it. She went on to say that she doesn't bring any special skills, that she was not a builder, an architect or a financial vdiiz but she was good about doing hotiework and trying to be as knowledgeable as possible about any particular topics that ccme before the Board, She thought that Supervisor Desch and Councilwanan Raffensperger would remember v^t a pain in the neck she could be about details scmetimes, David Klein, 306 Winthrop Drive stated that he grew up in New York City and graduated from Cornell University in 1970 and basically he has been a full time resident of the area since then, Mr, Klein stated that he thought he was quite familiar with the conmunity in general having lived in several Towns and several areas since he has been here. He went on to say that he briefly lived in Lansing and served on the Board of Zoning i^jpeals for the Town of Lansing, Around 1975-77 he moved to West Hill and lived there for five years and for the last three years he has lived on Winthrop Drive in the Village of Cayuga Heights, He stated that he has been on the Town Planning Board since about 1981, He stated that over that period of time he has gotten reasonably acquainted with the activities of the Town, specifically planning and development, Mr, Klein stated that as an architect he has had a fair amount of e3q)erience in building and construction and dealing with private clients, municipal clients and state clients and all sorts of different kinds of agencies. He stated that he has a daughter vdio is a sophomore at Ithaca High and a son entering sixth grade at DeWitt Middle School so obviously he was fairly involved in various ccrammity activities, with kids activities and various other things, Mr, Klein stated that he was President of the Southern New York Chapter of the Institute of American Architects and that goes through next year and yes he tends to be fairly busy but he has enjoyed his tenure on the Planning Board and this opportunity has arisen and he felt he could continue to contribute seme meaningful way to the Town, Councilwcman Leary stated that she had a question for all of the applicants but especially A1 DiGiaccmo, She went on to say Mr, DiGiaccmo expressed concern about keeping taxes down and she just wondered with all the demands we are facing now about services, fire services, special services, vtet would you do to keep taxes down? Mr, Di Giaccmo replied that he felt the most irrportant is that we look at our budget, of course, to prioritize vtot was needed, how to proceed and how to plan for the future. And also, watch and see how the assessments were increasing. Make sure they are all up to Town Board Minutes 3 August 30, 1988 their proper level so that we can actually get the proper amount of taxes. Glover Howell remarked, because of the new fire stations taxes will be going up. She stated that she was a Fire Ccmmissioner and represents the Town. Our meeting is this afternoon to discuss the Fire Department budget. We are fighting a little bit against the City because they want to employ a lot of help v^ere we are hopefully depending on volunteers. Hopefully we won't spend as much money as the City would like to spend. David Klein stated that he thought the Town taxes have been kept in line, although we have seen large areas of increases in our taxes in the fire services and now with youth services, \diich inpact on GOT tax rate. Seme taxes are going to be more palatable than others if you see vdiere your dollars are being spent. He thought that one thing the Town should try to access, and he wasn't sure exactly how scientific you can do that, but with all this development activity the Town should really try to make sure that the increased development is helping our tax base and helping our generation of taxes as opposed to requiring the rest of the population to pick up the tab for the development. He felt the Tbwn needed to monitor the costs of roads and sewers, etc., and that inpact fees should be e:q)lored. Dooley Kiefer remarked, that is vtot my contribution was going to be. She stated that she thought a good presentation was made last night in the good sense of pursuing exactly what development is costing us. So inpact fees seems to be a reasonable thing to investigate. Mrs. Kiefer stated that she did not recall the Town ever getting into grant writing. There are funds earmarked for all kinds of strange particular things, governmental funds and private funds and she didn't know that the Town of Ithaca want's to be the municipality that has new kind of asjiialt tried in it, a mixture of glass and tires, etc., but you can get seme of your necessary services or infrastructure paid for if you are creative and willing to be innovative and try seme of these things. She stated that she was not suggesting the pursuing of really wild ideas but she did believe that DOT was going to have various demonstration pirojects around the state and that is a possible thing. It's a small way to keep taxes down but she would like to see more creative thinking along those lines. Councilman Cardman stated that he thought since he has been on the Board one of the biggest issues they have had to deal with was exactly the meeting they had to deal with last night. How would you suggest we ccme to grips with vAiat seems to be a very sincere across the board concern revolving around development, the Planning Board role in that, the Town Board's role, how do we now address that citizen concern? What do we do? Dooley Kiefer remarked that she hoped all of the Board shared the concerns that were e3q>ressed by the various GINA members. If you don't share then then she felt you won't react in any way that will assure people that you do share their concerns, then she assumed the Board would act on seme of their suggestions if you don't ccme up with your own and she felt this woiild mean directing Town staff to deal with these problems in a priority fashion. That was said repeatedly last night. If the residents of the Town are e3q>ressing this general concern and she did not think it was sudden, she felt it had been growing as there have been a significant number of projects that are suddenly striking a lot of neighborhoods all at once. If the folks are really concerned out there and feel their neighborhoods threatened and then point out to the Town Board that they feel that most of the trox:ible is at the Planning Board level then she felt it was the Board's responsibility, as elected Town Board Minutes 4 August 30, 1988 officials, to deal with the appointments that you have made. She stated that she did not know how the Board goes about dealing with that but if that is \^ere the real problem is it doesn't seen right that the Town Board should have to second guess the Planning Board all the time, or the Zoning Board of Appeals. May be you should attend their meetings to see if these are legitimate ccnplains or read the minutes of the meetings to see if the charges and concerns are accurate. It should be possible for the Town to have a Master Plan for the Zoning Ordinance to conform to the Master Plan. That's different from the ccsrprehensive planning process and she thought the words are very haird for ordinary citizens to get straight but you know viiat they are talking about. If you don't act soon she felt a great opportunity will be lost. It was a difficult decision for GINA to come and ask you to table the moratorium because most of the members felt this was an absolute necessity to see planning things dealt with in a timely fashion. As they told you last night they would just as soon have that discussion tabled because they did not want energy wasted on talking about details of a moratorium and the legalities, and they would rather have you have the opportunity to deal with vdiat they see are the problems. Supervisor Desch asked Mrs. Kiefer if she were appointed to the Town Board would she attend Planning Board meetings also, generally? Mrs. Kiefer replied, that she could not take too many of them. She went on to say that she has gone to seme Planning Board meetings and was satisfied in her own mind that the charges are valid. Mrs. Kiefer then remarked, sorry about that David. David Klein replied, "I wasn't there so I don't know really vdiat the charges were". He went on to say, speaking from one aspect of the Planning Board he thought that there is sort of a \diole series of things that the Planning Board has to deal with and obviously and one is existing subdivisions and regulations and zoning regulations and he thought there were certain obligations that he felt many on the Planning Board feel the Board has to fulfill and certain things that we can't, we can't control development, we can have a say as a Planning Board controlling maybe the quality of the development. His response would be, to people \dio have expressed a lot of concern about the amount of development, he felt that does kind of have to be looked at and he knew the Town was sedcing a consultant and hopefully that will happen soon and all these zoning and sijbdivision requirements and creation of seme kind of a growth plan he felt would be very, very helpful. He stated that he was concerned very much about the quality of development and he felt the present regulations don't deal with that in a clear enough manner to give the respective Boards enough latitude. Also, may be seme other issues of controlled growth or even the process of vMch the development happens going on in a more orderly fashion instead of, and again he felt there was seme direction from Town Board, how does the staff deal with an onslaught of developers coming in and demanding they be placed on the agenda. If the Town Board had seme kind of policy as to how the Town staff gets things placed on the agenda and \diat the process is he felt that obviously that's going to slow it down to seme extent it may not make it go away but it would also allow things to happen in a more orderly basis. Decisions wouldn't be made at midnight and that type of things. There is just so much that Planning staff and Town Board can really do. It probably can be controlled and increased in quality. Mrs. Kiefer remarked, the City is considering semething called a site plan review process, does the Town have something like that? Town Board Minutes 5 August 30, 1988 Mr. Klein replied, that he thought that in most instances, yes. But again site plan review process, as defined, in most areas is kind of limited. For instance, in a ccnimercial zone there is site plan review process but basically that's all it reviews is site plan, it doesn't review anything in two or three dimension. Mrs. Kiefer replied, what the City is talking about is different. Mr. Klein replied, more ccnprehensive. He stated that he thought ^ the cluster regulations, the design review process is a little more elaborate. General subdivision review, other than the layout of roads v^ch cane back to the Town Board for approval, and lots there is no review of the type of housing. There are gaps that could be place into the ordinances to give the Planning Board sane guidance and allow the public to feel there is a little more leeway in terms of the Boards, vtot they can approve. There have been many meetings where a guy wants to subdivide, everybody knows v^at he is going to build, but that can't be the issue at the meeting and he felt these are the kinds of problans that the Planning Board has. Alfred DiGiaccmo replied that v^en it canes to those problems, one thing that he noticed was that the normal requirements were sort of loose in the Town. We don't go into a polished or finished type development. A good exanple is open trenches and ditches, if we had required a developer to cane in and finish of his own drainage area we wouldn't be faced with that problan of appearance. We are talking about creating green space, he keeps hearing about Poute 13 and the scare left on the hill side over the years, if the State had planted the median we wouldn't have that big scare showing. We could have an architectual review board to review the types of buildings going into an area. We could do a more ccmprehensive site review. Mr. DiGiaccmo asked if we have site plans filed after the buildings are built, now? Mr. Kleins replied, scmetimes. Mr. DiGiaccmo replied, we should insist on the filing of final site plans once the work is done to insure ourselves that everything has been performed to the requirements. We certainly can initiate seme kind of development fee to help cover Town expenses. We also should be able to consider green spaces. He stated that he was not talking about little lots that are given away in cluster housing \*^ch he felt were going to be a thorn in the side of the Town in future years, he was talking about buying land that we want to preserve for a green space and it's going to cost the ta3q)ayers money but we will have a green space preserved for the future. Gloria Howell responded, to answer your question as to how to take care of this type of situation, she thought that being on the Board you might have your own opinion but you can't really express it because we have pros and cons to all the different things that do come up before us. She stated that she believed that we have to listen to both sides and then try to hit a happy medium and go the right way. She stated that she hadn't been to all the Board meetings to listen to all this Kyong situation that's going on right now, but she knew that there were people v^o were for it and people that are against it and we just have to balance our views (mm and our thoughts and ccme up with what we think is best for the Town. Mr. DiGiaccmo remarked, your concern is for the common good, naturally. Town Board Minutes 6 August 30, 1988 Councilman Bartholf stated that his concern was on the highways and the roads that we have in this area. He stated that he would like the candidates opinions on vdiat we might do that eliminate seme of the congestion we have in the Town. Mr. Di Giaccmo stated that he felt the most iirportant thing is that we get together with the other Town and the County and set down an start talking about our traffic problems. The Coimty talks about their traffic problems, in general, and he felt the Town went along on their own trying to solve their own traffic problems. It's now our own problems, it's the Town of Lansing feeding people into Cayuga Heights and then into our Town. It a fact that we have all of this tractor trailer traffic going through the center of the City. He stated that he knew there was a by-pass road studied in the early '70's and nothing ever came of that. We need something to cut down the traffic through the center of the Town. His feeldLngs were that we should really talk about it, talk to a lot of other people about it and really start planning something, a comprehensive plan of roads and networks. Supervisor Desch asked, how do you get to the execution stage. County Planning Department spent literally years designing a new Route 13. Mr. Di Giacomo replied, you seem to have a problem. He went on to say that he thought the Town had lost something v^en they lost their Board of Supervisors because the Supervisors no longer have any say on v^at is going on in their Town. The County Board of Reps seem to be a lost cause, we don't have a County leader to lead the County in any direction. Supervisor Desch remarked, no Comty Executive? Mr. Di Giacomo replied, no County Executive to plan for the County. What we have is a bookkeeper vdio looks over payments. We need a strong leader in Coimty government, which we don't have. Supervisor Desch remarked, you're talking about a full time executive rather than an elected position? Mr. Di Giacomo replied that is correct. Until County govennnent gets more active and the Planning Department and the Public Works Department get more active, he did not see how the Town could solve half of its problerhs. Dooley Kiefer ronarked that she thought a problem, since you brou^t up Route 13, with having the County Planning Department do something is that tiiey ran into significant opposition in lots of little communities. It didn't receive the kind of public community support that would have led to local municipalities supporting it and in turn agreeing on one plan to send to the State. Route 13 is a State road so it is not up to municipalities to redo it. It was a big effort that County Planning undertook but it was almost predictable that was v^t would happen because it didn't involve the people and she felt that all of the members of GINA realize that roads are critical. The decisions about roads will determine where development happens in the Town and certainly it makes sense for the Town to have an Official Highway Map with future roads drawn on it. She stated that she agreed with viiat Mr. DiGiaccmo said, it has to be developed in conjunction with the surrounding municipalities, you can't just do it in isolation. But if you don't do it with a lot of public input, that means a lot of different neighborhoods and individuals it won't have the necessairy legitimacy and so it is the same kind of planning question that was addressed earlier. She stated that she was not sure that the Tofwn Board Minutes 7 August 30, 1988 person who spoke last night was right, that there are good cx)rridors left. S\jpervisor Desch asked, vhat about Route 96, are you suggesting that we haven't yet had enought piiblic input on that? Mrs. Kiefer replied, that's not up to the Town either. Supervisor Desch replied, it sure is in a large way. Mrs. Kiefer remarked, it sounds like you are going to build your own. Supervisor Desch remarked, it is up to the Town because a lot of it is in the Town. What you are saying is that we don't have the control over what happens. Mrs. Kiefer remarked, the northern end, that intersection, the Town's preference would be honored by the State, she assumed. Supervisor Desch replied, if anything is built in line within the Town, it's v^at we have gone on record of vhat we support. It's just a question of vdiether it will be built or not. Mr. Klein remarked, that he thought the Town, hopefully, could take a strong lead in encouraging that the County fulfills their c±>ligations to the people. It's a problon in every ccramunity in the County. We certainly aren't an island so that, it's one thing a road in a subdivision but obviously the housing feeds out into other roads and we have our through roads. For a small community we have a terrible traffic problen. Supervisor Desch remarked, there was a statement made last night that the traffic problon is the result of growth, do you agree with that? Mr. Klein replied, obviously the population is increasing and the County is growing so obviously we have an increased amount of cars but he felt a lot of it was also seme through truck traffic, we are a short cut coming fron Rochester. Some of it is through traffic, not of the Towns doing, and some is development. You can't build 300 houses off Triphaitroer Road and not e3q)ect that to generate any kind of congestion anyv^ere. Mrs. Kiefer remarked, to the extent the Town develops a plan \^ch encourages small community development and encourages public transportation, that helps delete the local road traffic. She stated that it was always tempting to see how bad things are, and know that Route 13 is going to be worse next year. Somev^ere down the line, before the turn of the century probably, automobile traffic as we know it will not be able to continue she thought. Just the impact on petroleum resources will require change and she did not feel that we shoxild build just on a great traffic increase in the future. Councilman McPeak remarked, you know we serve at large, we don't have a direct constituency, you live in the northeast and you rally vdien the telephone rings, from no matter \diere. He asked if this gave the applicants any problem or how do you feel about that? You have to be familiar with West Hill, South Hill, Forest Hcmie, the v^ole Town. Gloria Howell replied, that she felt it was a good idea. It makes it so that everyone is working together rather than each little area having it own little empire torying to do its own little thing. Town Board Minutes 8 August 30, 1988 We can work together on the vdiole and talk to everybody about all different things that effect the vdiole Town of Ithaca, even though we are a horse-shoe. Mr. DiGiacomo stated that he had no problem serving at-large and in fact he thought it was a very good idea. If you localize, they will try and work only for their own area and vdiat happens is they don't cane to a general agreement unless they get busy exchanging favors vMch happens in major governments. In fact he had an idea that Town governments. Village governments and governments at that level should not be tied into national parties anyway. It should be a local goveimmental type of situation. It just clouds the issues many times. You will get to know all the areas of the Town and you should represent all area faithfully. David Klein, replied that basically he seconded that. Mrs. Kiefer added, sure when one serves at-large, one serves the \diole Town. She went on to add that she was interested in this area, not so much on the Town level but the school district, the Ithaca City School District, the Board of Education members are elected at-large and every election season people say wouldn't it be better if all the schools were represented, etc., and they weren't elected at-lairge. The League of Wonen Voters tried to find out vdiether a study had every been done in New York State about v^ether municipalities were better served at-large representation for specific area representation. A study has never been done, so she did not have an answer as to \diich is better. Councilwcman Raffensperger stated that her question she was going to ask was a simple one. We are interviewing people here today as an appointment through the end of the year. The term will be filled in November for the remainder of the four year term, about three years. She stated that she wondered if each person would like to discuss, idiether or not they are cormitted if they were appointed to the Board in the interim. Alfred Di Giacomo responded, I am. Gloria Howell responded, that she was willing to fill in and that she enjoyed the work and would like to help out but only until November. Dooley Kiefer replied, that she had put her name in for the vacancy quite a long time ago and now there is hardly any vacancy left. She went on to say that she just started a new job yesterday and she did not know vdiether she would be interested in running in the fall as she needed to loiow how much time ccnmitment would be needed for her new job so she could not give the Board an answer. David Klein replied, yes. Councilwcman Raffensperger remarked, this means caitpaigning at-large, vMch is a little more difficult than representing at-large. Supervisor Desch renarked, a subject of much recent interest is the adoption by the Town of a new Sprinkler Law. He realized it may not be a fair question as seme may not be that familiar with it but he asked for the applicants cotinents and thoughts on the subject. David Klein stated that he guessed he wasn't fully aware that that proposal was before the Board and had he known he would have come down and esqjressed' his opinion. Mr. Klein stated that personally he thought the New York State Building Code is perfectly adequate Tcfwn Board Minutes 9 August 30, 1988 in terms of the types of buildings and occupancies that require sprinkler system. He thought that the Board really errored on this one by passing that law. He felt there was a lot of unnecessary esqjense to individual property owners, residential or otherwise, to install a sprinkler system. Mr. Klein stated that he really did not see the need for sprinklers in single family residents. It's your older hones that generally pose your fire hazards with faulty wiring, space in outer walls and combustible materials used as insulation. The sprinkler law would do nothing to protect that type of structure. Your new homes are basically safer with the type of construction they have, fire separations between garages, etc., and he finds sprinklers systems to be quite a redundancy. Obviously it's going to provide an extra measure of protection, there is no question about that, but viiether it's is really needed and v^ether the Town has a history of bad house fires, v^ich he was not aware of, he stated that he was quite surprised to find this law passed. Dooley Kiefer stated that she did not remember many laws appearing so quickly and getting passed so quickly, so she did not have time to do homework on it either. She agreed with David Klein that it is the older homes that pose more potential hazards for their residents than new construction. That struck her also, however, she did not feel it should be amended to include older homes. She stated that she would rather see the Town acknowledge the need for paid fire fighters and put money in that direction. She stated that she has talked to Chief Olmstead also since this came up and she knew how enthusiastic he is about sprinklering things and she was looking forward to his mobile trailer vMch is coming to Town next month to show us how beautiful sprinklers can be. It does seem, however, that the Town Board should reconsider that ordinance. Mr. Klein remarked that a smoke detector ordinance that is retroactive is not very expensive for anybody to comply with and certainly in terms of protecting the occupants that's the early warning to get out. Most structures are insured, you are really only concerned with the occupants safety. Supeirvisor Desch remarked, so if you were on the Board you would vote to repeal it? Mr. Klein replied, yes. Alfred DiGiacomo stated that life safety seems to be a concern of the last twenty years \^ch is one of the reasons the life safety code was passed in New York State because scxne of the terrible fires that have occuinred and the State felt it necessary to protect all the individuals in the State. Just recently. New York State passed a law that requires smoke detectors in every residence. With the new residential type of sprinklers that have been developed he really did not see viiere the ordinance impacts on the cost of houses over the years. New houses will get older and they will be old houses scmetime in the future and there will be concerns about fires in those as well. As far as the fire department having to be manned, many coMiunities have still gotten along with volunteers so maybe it is a fixation with the Qiief to have paid firemen. Dooley Kiefer stated that she did not get her idea for paid firemen frcm the Chief, she lives in the Village of Cayuga Heights. Councilwcman Raffensperger remarked that one thing that came up, she thought in a letter to the editor, that she found interesting and had not thought about before was that one of the things that you do in any municipality v^en you have a fire department you Town Board Minutes 10 August 30, 1988 anticipate a certain amount of response time and so it's designed for what the ccaranunity is. In a ccnraunity in vdiich the new hones are sprinklered and the old ones are not, what kind of response time then becones reasonable and how then do you make sore your fire department is protecting vAiat is at this time, the greatest majority of single and two family hones. Do you design your response time for the new ones vdiich are sprinklered or the old ones v^ch are not, and you see the econonic difficulties either way. Alfred DiGiacono replied, in most conraunities you develop not only your residential imits but you also develop governmental services in those areas. If you don't have a fire house in those areas then you should consider putting a fire house in those areas. So you do reduce your response time. Councilwonan Raffensperger agreed, however, she stated that her question was, you man a fire department, you provide equipment for it, for a certain response time vtocii is appropriate for the different kinds of facilities you have. So say we have the wonderful opportunity of designing a fire department in the Tcwn of Ithaca, in an area in the Tcwn of Ithaca, how do you do this \^en you have such a varying protection, old houses not protected by sprinkler and new houses pratected by sprinklers. If you have a reasonable response for the danger of the old houses you are really over providing response time to the ones and vice versa. Councilman McPeak replied, in engineering you think of the worst case of design and he felt that was vhat you have to do. Councilwcman Raffensperger asked, then how do you gain economically from a sprinkler ordinance then, as far as fire department coverage is concerned? Councilman McPeak replied, well that's a good question. Mr. DiGiaccmo replied, you are protecting the contents of the house and the people of the house. We put them in buildings at Cornell that don't need fire protection to save lives, not to save on insurance. Gloria Howell stated that she was not too pleased with the passing of the Sprinkler Law for houses. She stated that she believed if a hcme is more than two stories hi^ a sprinkler system would be to an advantage because of smoke inhalation would be down so that that person ccming down from the third floor would have a better chance of getting out without becoming overcome with smoke. But our response time in the Town of Ithaca, City of Ithaca is not that bad and with our two new fire stations that are going up in the areas that do take the longest, the false alarms at Ithaca College is going to sit right there and the other one near the hospitcil, she felt we are going to have just that much better coverage and hopefully the volianteers will fill those areas so that we can really do a job on these houses that are two stories and below. She stated that she was really not in favor of the Sprinkler Law. Supervisor Desch asked, how about non-residential? Mrs. Howell replied, ccmmercial, that's a \^ole different thing because of the fact in your ccmmercial buildings she believed you have more than just a family, you have a lot of people vho could run into each other and would likely need a sprinkler type systan if it is not built in already. Councilwcman Raffensperger speaking to Mr. Klein asked, vdiat about multiple residences, ccmmercial motels, places for the public? Town Board Minutes 11 August 30, 1988 Mr. Klein replied that he did not know v^ere the Tcwn's ordinance is more restrictive than the State code, historically the life safety codes have gotten increasingly more restrictive. Most revisions no the NFPA life safety code and the State building code, they both get fatter and fatter. In my professional experience, most of the time the building code is adequate in terms of requiring the use of the sprinkler system. There very possibly might some instances in v^ich designing to a code minimum is not necessarily the wisest approach. You kind of have to weigh that. Supervisor Desch asked if the applicants would like to make a closing statement? David Klein stated that he felt he was familiar with the Town issues having lived on both hills and met people in various aireas and good or bad he has had seme Planning Board experience and hopefully he still ronained sensitive to peoples concerns. He stated that it was up to the Democratic Party to caucus sometime next month about vdio the candidate might be but v^ether he gets appointed or not at least he e5q)ected he would, at least, have his name in nomination. Supervisor Desch asked Mr. Klein if he had the desire and interest? Mr. Klein replied, yes. Dooley Kiefer stated that she too is moderately familiar with the issues and continues to view it as a challenge to make decisions on the kinds of things that face the Town. She stated that she enjoyed it and she would work hard but she did not know if she would run in the fall. Alfred DiGiacomo stated that as he said before he was very interested in the Town and very interested in serving the Town. He sympathized with all the problems that the Board was faced with and that he would like to become part of that group. Soameone had told him that he would be crazy to try it but he had always sat on the other side of the table and this time he would like to sit on this side and listen to other peoples problems. Gloria Howell remarked that she thought there might be a vacancy in this place but she did not think that the Board was really going to fill it. If you did, she would be interested in being in her same seat that she was before and helping out with the things that we did have on the table before she left. She stated that she was glad that she was a Fire Commissioner and that she was still interested in the fire safety of this Town. Supervisor Desch stated, on behalf of the Board we appreciate your interest and sincerety and very good answers to seme very difficult questions. FREEDOM OF INFOPMATICN Supearvisor Desch asked Councilwanan Raffensperger to bring the Board up to date on her discussions with the Town Attorney. Councilwcman Raffensperger replied, we have been working on the famous twenty-five cent a page problem for the Freedom of Information and we met today and do have a recommendation for the Town Board for the September meeting. The Town Attorney thinks that we will need to have a piablic hearing because v^le the old one is a resolution it sets fees and charges money to people it probably should be an ordinance or local law, v^ch requires a Town Board Minutes 12 August 30, 1988 public hearing, v^ch we could set today and still have time for the SeptQiiber 12th meeting. RESOLUTK^ NO. 244 Motion by Councilwcman Raffensperger; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing on Septonber 12, 1988 at 8:15 P.M., to consider a reconmendation for change in the Freedom of Information Resolution of 1974. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardraan voting Aye. Nays - none). ELECTIOJ INSPECTOR'S PAY INCREASE Town Clerk Jean Swartwood stated that both parties are e:q)eriencing difficulty in obtaining inspectors because of the difference in payment received by Election Inspectors that work for the City of Ithaca and Election Inspectors v^o work for the Town. They train together and are aware of these differences in pay for doing the same job. Councilwonan Raffensperger stated that she would like to e35)ress support for this because she was very much aware of the difficulty of getting election inspectors. It's almost irrpossible, and all you need is to have the City paying $10.00 more and they walk right down to the City for the $10.00. She stated that she thought we really had to do it. RESOLUTIOSr NO. 245 Motion by Councilman Cardman; seconded by by Councilman McPeak, RESOLVED, by the Town Board of the Town of Ithaca here by accepts the Town Clerk's proposal to increase the Election Inspectors salaries, making the payment as follows: Registration — $50.00 Primary — $50.00 Election — $85.00 (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). DATES DRIVE OVERRUN Town Engineer Robert Flumerfelt stated that at the last Town Board meeting he mentioned that we had extra costs on the construction of Dates Drive. The extra amounted to $45,000 plus. He stated that he tried to divide up the $45,000 among the four parties to the contract, as fairly as he could, and came up with the recanmended split for those costs. He stated that most of it was due to two primary factors, bad soil conditions and a request by the County to change the alignment at the north end of the road at the last minute. Together they total about $45,000. We have had one meeting between the four parties and then each went back to their own Board, so as a result yesterday we received a check for $9,600 frcm the hospital paying vhat we felt was their share of the cost. He went on to say that he hoped today the Town would approve our share of the cost. We are still negotiating with the County and the Professional Building to obtain their share. MeanvMle Mr. Tcfwn Board Minutes 13 August 30, 1988 Hill, of Hill Construction, is very anxious to receive his irmey, in fact he's talking about threatening to charge interest. Supervisor Desch renarked that the County's share was high because they have been the primary cause of much the cost and that is the relocation of the north end. The hospital has been very supportive of the fact that the value is there in terms of v^at has been produced. The real urgent aspect is to make a pariiial payment. We can't tell, at this point, v^ether the Professional Building is going to be reasonable or unreasonable. We es^ct the County to be reasonable and cane with their share. There is no way to guarantee you, being a private entity, that their Board will agree to it. That's v^y vdien the Town Engineer and I talked about it it seemed reasonable that our liability of $8,861.00 be paid and the hospital liability of $9,600.00 be paid over to Hill because if it isn't we are going to be subject to law suit, not only interest because he has his suppliers and subcontractors \^o have not been paid since June. Councilwonan Raffensperger asked, vdio is legally liable, the Town? Supervisor Desch replied, all four parties, all four parties agreed to construct the road. RESOLUTION NO. 246 Motion by Supervisor Desch; seconded by Councilman McPeak, WHEREAS, in the course of construction of Dates Drive unforeseen poor soil conditions and a change in alignment of the north end of the road requested by Totpkins Coianty necessitated issuing extra work orders to our contractor. Hill Construction Co., in the total amount of $45,112.68, and WHEREAS, a proposal has been made to request additional funds fron the foior parties (Torpkins County, Totipkins Conraunity Hospital, and the Professional Building Inc., and the Town of Ithaca) involved in funding the highway construction project to pay for the additional work in proportion to the originally proposed contribution to the project by each party and by specific request for change, and WHEREAS, the additional amounts requested of each party are: Torpkins Cannunity Hospital $ 9,613.34 Torpkins County 18,845.41 Professional Building, Inc. 7,792.89 Town of Ithaca 8,861.04 Total $34,112.68, and WHEREAS, $9,600 has been received by the Town of Ithaca fron the Totpkins County Hospital in payment of their share of the extra costs, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca approves the payment of the sum of $8,861.04 to Hill Construction Co., together with the $9,600.00 received fron Totpkins Conraunity Hospital, toward the extra work costs, and that negotiations be continued with Tonpkins County and the Professional Building, Inc., toward receipt of the funds requested of them. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). TCWN BOARD APPOINTMENT Town Board Minutes 14 August 30, 1988 Coimcilwcman Raffensperger remarked that she would like to suggest that the Board talk about v^ether they are really going to or not going to make a decision about an appointment to the Town Board. It really isn't fair having these people ccaming in, being interviewed and hanging around waiting to see #iat is going to happen. Let's just face it and decide to vote and just see vdiat happens. Supervisor Desch replied, if we do that at least we have it on the record so that the public knows v^ere we stand. Can we make it a part of the decision that we close the process after having voted, if it turns out nobody get appointed? The Board agreed. RESOLUTION NQ. 247 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby appoint Alfred DiGiaccmo to fill the vacancy, due to the resignation of Raymond Bordoni, for the period ending December 31, 1988. (Desch, McPeak and Bartholf Voting Aye. Nays - Raffensperger, Leary and Cardman). The Resolution was defeated. RESOLUTION NO. 248 Motion by Councilwcman Raffensperger; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby appoint David Klein to fill the vacancy, due to the resignation of Raymond Bordoni, for the period ending December 31, 1988. (Raffensperger, Leary and Cardman voting Aye. Nays - Desch, McPeak and Bartholf). The Resolution was defeated. RESOLUTIOJ m. 249 Motion by Councilman McPeak; seconded by Supervisor Desch, RESOLVED, that the Town Board of the Tbwn of Ithaca hereby appoint Gloria Howell to fill the vacancy, due to the resignation of Raymond Bordoni, for the period ending Decenber 31, 1988. (Desch, McPeak and Bartholf voting Aye. Nays - Raffensperger, Leary and Carx3man). The Resolution was defeated. RESOLUTION NO. 250 Motion by Councilwcraan Raffensperger; seconded by Councilwcman Leary, Town Board Minutes 15 August 30, 1988 RESOLVED, that the Town Board of the Town of Ithaca hereby appoint Dooley Kiefer to fill the vacancy, due to the resignation of Raymond Bordoni, for the period ending December 31, 1988. (Raffensperger, Leary and Cardman voting Aye. Nays - Desch, McPeak and Bartholf). The Resolution was defeated. Supervisor Desch remarked, in all seriousness those are four good candidates. Councilman Cardman replied, in all seriousness they each have scraething to offer that we probably need. Gloria is e3q)erienced, David is es^rienced with the Planning Board. Comcilman McPeak remarked that he had worked with Dooley and she is like a bull dog, she holds on and is thorough. Supervisor Desch remarked, the other thing about it is that an^^ody has been involved with the process and still has an interest in it....it's very easy to get fed up with seme of the things you have to listen to and hear. If this were like a year away of election then we would have to somehow fill the vacancy. Councilwcman Raffensperger remarked, once the election is over she felt the Board should think about appointing then, v^oever is elected. There seemed to be agreement to consider this. PLANNING CC^SULTANTS COMMITTEE Supervisor Desch noted that the Board had a very inportant decision to make at the September meeting regarding v^o to appoint from the Town Board on the committee to screen consultants for planning, etc. He noted that Councilwcman Raffensperger was extremely interested in being involved. Councilwcman Raffensperger stated that she would like to serve on the conmittee. Supervisor Desch remarked, with Councilwanan Raffensperger's experience and his experience would off set each other with our views v^ch might be pretty healthy. Councilman Cardman stated that he certainly would like to serve. Supervisor Desch asked what would happen if we end up approving three Board members? Councilman Cardman stated that he had no problem with that, whatsoever In fact, he had planned on asking the Board if they would agree to that. Supervisor Desch asked if anyone else had a strong desire to serve on the committee? Hearing no one, he suggested the count be four public, three Town Board, two Planning Boaard and one Zoning Board of i^peals. AIXTOURNMENT The meeting was duly adjourned. Town Board Minutes 16 August 30, 1988 |««r Town Clerk