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HomeMy WebLinkAboutTB Minutes 1981-03-09 T014N OF ITHACA REGULAR BOARD MEETING '. March 9 , 1981 . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 . : 30 p . m . , on the ' 9th day of . March , 1981 there were PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley- Raffgnsperger , Councilwoman . Marc Cramer. , Councilman _ Victor Del Rosso , Councilman . ABSENT : Henry Mc Peak , Councilman = Dooley Kiefer , ' Councilxwonan ALSO PRESENT : James Buyoucos , Town Attorney . Robert Parkin , . Town Highway Superintendent. Lawrence Fabbroni , Town Engineer Helen Blauvelt , 'Town Historian " Ned Wait , Ceracche Television Jon Witten , Town of Ithaca . Nancy Fuller , Deputy Lew Cartee , Town Building Inspector Joan Taylor , Resident , Town of . Ithaca. Ken Reeves , Deputy Fire Chief , City Liese Bronfenbrenner , Town Planning Board . Willis Hilker , 275 Burns Road Nancy Loeb , Syracuse Beverly ,.Livesay , County Board of Represen.t.at.ive � George Patte , Jr . , . SPCA Thomas R . Dyckman , 402 Winthrop Drive Vernon Briggs , 332 Winthrop Drive Marlin Cline , 107 Brandywine Drive Agnes Cline, 107 Brandywine Drive Keith Kennedy , 3 Sandra Place Barbara Kennedy , 3 Sandra Place Harlin R . McEwen , 422 Winthrop Drive Harold R . Cushman' , 420 Winthrop Drive Michael Montgomery , 410 Winthrop Drive Mr . & Mrs Albert Musco , 135 Burleigh Drive Mr . & Mrs . Malcolm Hunter ., 13.3 Burleigh . DrLve4 Ann & Richard Pendleton , 326 Forest Home �lrve. Janine Massa , Finger Lakes Kennel Club Frederick Koslov , 116 Park Lane mm Lucinda Mallery , 129 Blair Street Lorraine McCue9 . 101 Regency Lane David L . Klein , 131 West Haven Road Representatives of the Media . . Pat Braus , Ithaca Journal David O ' Flaherty , W11CU Dave Maley , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . R REPORT OF TOWN OFFICIALS SUPERVISOR Supervisor Desch stated that he was pleased to report that negotiat3e.01Y9 Town Board Minutes - 2 - March 9 , 'y: ' 1981 , r with the City on the three year fire contract are now comp7_ eted . The : outstanding item had been the matter of the Town getting credit for. s the Cornell contributions The Town will now get its proportional share of whatever the contribution is , starting in 19820 The current amount will be 16 . 71% of $ 55 , 000 or $ 9 , 190 . 50 so our 1982 contract . cost will be at least that much lower . Our discussions with Ithaca i' College are continuing and we hope to have a satisfactory answer soon . The sewer system evaluation survey has shown that the 50 year old Trumansburg Road sewer is in need of e�,itensive. rehabilitation . The 4 . engineers estimate for such works is $ 130 , 000 and we would still end up with a trunk line that would require extensive future maintenance . Fortunately , the cost to replace the line may not be much *higher because the line has relatively few the, and runs under grass most of its distance . i Since we will be paying for capacity and operating cost on the basis -of total flow contributed , it behooves us to have as .� ' tight a line as we can get . We can do the engineering inh.ou.se , but we will need to increase our. borrowing authorization by about $ 100 ,. 000 . If there is not objection , I will infoirm the consulting engineer about _ .,; . - our intentions and proceed to develop a capital project budget It = - is .unlikely that ' the work , in any event , will qualify for federal and state funding . We will be having . a meeting of the - Sewer - System - Planning Committee to review the overall SSES . - There no - doubt will be significant repairs to perform on some other Town of Ithaca sewers , but the scale of effort is relatively small compared with the City and Cornell . systems . Councilwoman Raffensperger asked if t ►e $ 80 , 000 estimate' was only for the Trumansburg Road section ? Town Engineer Fabbroni answered yes . Councilman Kugler asked if the existing pipes were of the old clay pipe type , . in three and four foot lengths ? Town Engineer Fabbroni answered yes . The . replacement . pipes wi11 ' be . . twenty foot lengths of plastic pipe . tir:- if I Supervisor Desch noted that the remainder of the ` project would require low cost improvements , such as manholes that need water proofing . ' The . Town does not have footer drains , etc ,, P running into . the - sewer system .' Supervisor Desch continued , saying the four of us who attended the Association of Towns meeting in New York appreciate the opportunity to attend what turned out to be very informative meetings Each of :, r us wi11 -have a ° report for your information in the near future . It , . is interesting to me that we have a lot in . common with. some of the larger suburban and urban towns , many of which have more advanced problems because of service demands , etc . We have much we can learn from them in terms of taking steps to avoid duplication of services , increased bureaucracy . etc . Every year the office hours for Town Hall em ,• - oyees are reduced during the summer months , from 8 : 30 to 4 : 30 . The employees are not working a shorter work week , they aria reducing their lunch hour . :-from one hour to one -half hour . This yeat they are asking that the hours. be reduced starting May 4 and that they be made permanent hours for year around . - I would also like at t]ilis time to consider item 7 having to do with the fact that July 4 falls on a Saturday : . OFFICE HOURS RESOLUTION N0 . 33 Motion by Supervisor Desch ; seconded. by Councilman Kugler , Town Board Minutes - 3 - March 9 , 1981 RESOLVED , that the Town Board of the Town of Ithaca hereby approves the hours for the Town Hall Staff from 8 : 30 a . m . to 4 : 00 p . m . , beginning May 4 , 1981 , and that they remain the permanent year around hours . ( Desch , Kugler , Raffensperger , Cramer and Del Rosso voting Aye . Nays none ) . ? INDEPENDENCE HOLIDAY WEEKEND RESOLUTION NO . 34 Motion by Supervisor Desch ; seconded by Councilman Cramer , . RESOLVED , WHEREAS Independence Day_ , July 4th , is. on a Saturday th ' year , and WHEREAS , the Town of Ithaca employees at the Town Hall . and at - the , - 1 Highway Facility , would like to . take Friday , July 3rd as the: holidayp and WHEREAS , the employees at Bolton Point have requested the same day-, NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of . Ithaca hereby designates Friday , July 3rd as Independence Holiday . ( Desch , Kugler , Raffensperger , Cramer and Del Rosso voting Aye . Nays - none ) , TOWN ENGINEER ' S REPORT : . Tom Engineer Larry Fabbroni stated that a fire had occurred at the Cliff Street Pump Station over the weekend . The electrical panel . was . burnt out . Merle Bower from Bolton Point and an electrician from Norton Electric . worked most of Saturday revamping the system and bypass wiring . He noted that the emergency electrical costs wil : be relatively minor . However , the wire from the meter back- to - the pole idll need to be replaced . : Councilman . Cramer asked if there was any damage to the pump ? The Town Engineer answered no , only to the panel controlling the pump . Supervisor Desch stated that the change order. on the Could pump . was y � . the main problem holding up renovation of the pump station . Councilman Del Rosso asked the Town Engineer if he knew what caused the burn ou .. ? Mr . Fabbroni stated that he really did not know and would not know until he had time to go over the details with Merle Bower , Mr . Fabbroni further stated that the telemeter had just been installed . Councilman Kugler asked if the station had old cartridge fuse equipment% The To%..m Engineer answered yes . Toi•,-n Engineer Fabbroni stated that the ridership figures . on the East Ithaca Transit for February supprised everyone . 5 , 100 people rode the: East Ithaca Transit bus , whereas 4 , 500 rode on the Northeast Transit . Fifty percent of the ridership on the East Ithaca Transit are residents. of ,the area . Toi:m Engineer Fabbroni stated that the Northeast Transit was ixt the process of establishing their budget for next year . Town Board Minutes - 4 - March 9 _ t 1981 Mr . Fabbroni further noted that the 2% sales tax collected on gasoIir,.e will be refunded to the transit operators in the . State . . The Toxm Engineer noted that the $ 10 , 000 allocated by the " County plus the Town ' s allocation- for the Northeast Transit 1979 - 80 budget will now allow the implementation of a midday service . Supervisor Desch asked when would it be feasible to. implement this midday service ? The Town Engineer felt September would - be the proper time to begin midday service . September will also allow for time, to check the efficiency of the existing bus runs . The staff is progressing with a . draft of the Ithaca Circulation Plau and expect to have it finished by the end of the mon.thc It sh.oU:ld be ready for the public in May . Also , . work is progressing on the deeds 7. : and easements for the parks . HIGHWAY . SUPERINTENDENT ' S REPORT Highway Superintendent Robert . Parkin reported that the highway crew is busy hauling crusher run gravel and sand . to be mixed with salt , . for next winter. The men are also working on spring time patching of roads ,, shoulder work and sweeping of intersections a! ' ng with. Miscellaneous aign . r work . . . : Superintendent Parkin reported some problems with ice . , in culverts and that they had borrowed the - County ' s steam Jennie . Jill Mr . Parkin reported that one of . the men had driven a truck into > the. . . highway facility with the box up on the truck and had hit the over head door The . estimated damages are $ 980. . for Cortland Overhead Door Co . a : and $ 250 to McPherson Builders or a total of $ 1 , 230 . 000 $ 1 € 00G . d.ed.u.c `c -- able insurance is carried on the building . . However , the men will take care of the labor , which-- according the Boothroyd Insurance will also be covered under the damages . - TV CABLE RATE INCREASE Mr . Ned Waite , Assistant General Manager of Ceracche Televzsion ' spoke to the Board in regards to setting a date for a meeting to discuss . a proposed rate increase . ; :: Supervisor Desch asked Mr . . Waite to contact the Town. Clerk for an available date . INVENTORY OF OFFICIAL HIGHWAY MILEAGE Supervisor Desch noted that the State had no record of certain Town highways and that it was hoped that the computer would accept an Ail official resolution . r Councilwoman Raffensperger asked if there was not a problem in the past with Northview Road West ? Town Engineer Fabbroni answered yes , there is still a problem with part; of the road . in terms of the developer completing the work . RESOLUTION N0 , 35 Motion by Supervisor Desch ; seconded by Counc: i �:.r,raman Raffenspergex , Town Board Minutes - 5 - March 9 , 1981 RESOLVED , WHEREAS , the Town Board of the Town of Ithaca from time to .. . time has accepted right - of- ways and highways as official Town high - ways , and WHEREAS. , the New York State DOT has no recordoin their files of certain: of these accepted Town highways , NOW THEREFORE BE IT RESOLVED , that not withstanding any earlier . resolution accepting the following roads , the Town Board of the Town of Ithaca hereby- reaffirms as accepted Town highways the following : Campbell Avenue = . 13 Cayuga Street = e18 Hickory Place - 010 . _ . Longview Drive = 007 _ Northview Road , West = . 16 Pineview Terrace — _ e14 Sienna Drive = , 34 Spruce Way . 03 Sugarbush Lane - a06 . ' ( Desch , Kugler , Raffe'nsperger , Cramer and Del Rosso voting Aye . Nays . none ) . UPDATING STATE LIST OF MILEAGE Superintendent Parkin noted that the . State DOT . 1ist of mi . fox ^ the Town needed to be corrected to list the official. mileage at 38 . 52 instead of the 3'7 . 92 miles they now list . /9 RESOLUTION NO . 36 114 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , WHEREAS the New York State DOT list of mileage for_ . certain highways in the Town of Ithaca require updating or correction , NOW THEREFORE BE IT RESOLVED, by the Town Board of the - Town of . Ithaca that the following additions or corrections to the New York State DOT list of mileage be made : Should Be Was + Blackstone Avenue . 50 . 925 o25 Eastern Heights Drive . 46 . 11. . 35 Forest Home Drive . 1960 1070 010 Glenside Road a18 933 el5 Happy Lane . 10 . 05 . 05 Joanne Drive 933 914 29 Schickle Road . 05 oil o06 Sesame Street 008 010 , Q2 Sharlene Road . 16 . 11 e05 St . Catherine Circle . 23 629 o06 Tudor Road . 29 026 . 03 :Vera Circle . 57 . 56 . 01 Williams Glen Road . 14 . . 06 . 08 ,. : ( Desch , Kugler , Raffensperger , Cramer and Del Rosso voting Aye . . Nays none ) , TOWN HISTORIAN ' S REPORT Tolm Historian Helen Blauvelt presented her annual_ report for the year ending December 31 , 1980 . ( Copy attached to the minutes ), lShe asked . the To ��m Board if they had a particular project they would like her to undertake in 19816 Town Board Minutes �- 6 - March 9 1981 ~ The Town Historian then presented her slide show titled " Ithaca Commons " '.. ., . ' : .which was financed by the Downtown Business Women . A delightful show , - enjoyed by all present . HIGHWAY SUPERINTENDENT ' S CAR Highway Superintendent Parkin reported that bids were received from Bill Zihakis Chevrolet , Inc . , for $ 6 , 559 . 00 for a Citation ; Spencer Ford Sales , Inc . , for $ 6 , 114 . 99 on an Escort ; William T . Pritchard , Inc . , for $ 5 , 804 . 95 on an Omni and $ 6 , 251. 51 on an Aries . William T •-, Pritchard , Inc . of Ithaca , New York was the apparent low bidder on a Dodge Omni at $ 5 , 804 . 95 . Superintendent Parkin felt that the Omni would probably- not last as long as his present. Dodge , however , he stated that it should last: four years . CounGi iTiaia CrnTi$r" ` n- i;.ed Mr Parkin ii tic . Ort7l w0ul�: e €:tat�.t: tl-t tab Mr . Parkin felt X. -- would be comfortable . _ Councilman Kugler asked the Superintendent if he mould be able to . get good traction in the winter with the small car ? Superintendent Parkin. stated that as far . as he- could:: determine., he, should have no problems in the . winter . RESOLUTION N0 , 37 _ Motion by Councilman Kugler ; seconded by Councilman . Cramerl, ' RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the apparent low bid of William T . Pritchard , Inc . . , of-- Ithaca ,,:. New = York . . - of $ 5 , 804 . 95 for a 1981 Dodge Omni . (Desch , Kugler , ' Raffensperger , Cramer and ' Del Rosso voting . Aye . Nays . none ) . VOTING MACHINE Town Clerk Jean. Swartwood stated that she had r.e'ce ved prices . from Automatic - Voting Machine and Voting Machine Service Center . Aut.omatzc Voting Machine quoted a price of $ 2 , 435 . 00 for a new 9 pa.rty _ rowf. 30 office column size manually operated voting machine . Voting Nacb;3ne Service Center quoted $ 2 , 100 . 00 for a reconditioned 9 party row . . 30 office column size . printomatic voting machine. , The Town Clerk pointed out that if - the Board decided to purchase : the printomatic voting machine , it would be the only one the Town. would : own and would require the printing of one special print - out for , the . reverse side of the machine . Also this is - a reconditioned . machine . She recommended that the Board purchase the new voting : machine . from - ' Automatic Voting Machine . RESOLUTION NO . 38 Illy Motion by Councilwoman. Raffensperger ; seconded by Councilman Cramer , . ` . RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the purchase of an new 9 party row , 30 off1ce column size manually operated voting machine from Automatic Voting Machine Corporation of Jamestown , New York for $ 2 , 435 . 00 ( Desch , Kugler , Raffensperger , Cramer , and DPI Rosso voting Aye . Nays none ) , t< iJ Town Board Minutes - 7 - March* 9 , 1981 PUBLIC INFORMATIONAL HEARING TO CONSIDER THE ADOPTION OF THE NEW YORK STATE FIRE CODE -- ' e Proof of posting and publication of notice of a Public Informational Hearing to consider the adoption of the New York State Fire Code having been presented by the Town Clerk , the Supervisor opened the Public Informational Hearing . Supervisor Desch stated that Town Engineer Larry Fabbroni and ` Building Inspector Lew Cartee have been working on the practicality of applying the New York State Fire Code . to the Town of Ithaca . He. further stated that the Town would not be considering the adoption ' of a fire code until after the Zoning Ordinance had been adopted . Supervisor Desch stated that at the April meeting he would ask the ~ Board to set a date for a public hearing in May to consider the - adoption of the New York State Fire Code . :Building Inspector Cartee stated that he had visited the Town of = . Chenango . They have a population of . approximately 13 , 000 with only one college The industry in that area is about the same as in our * " Town . The Building Inspector administers their fire code , which takes about 20% of his time . The Town of ' Chenango feel. the ' BuildLug Inspector is the best person to enforce the fire code as he is familiar with the buildings . The Building Inspector stated that he . felt , that in the next -one - or two terms of the Legislature , the State would mandate that Towns . . adopt a fire code . He stated that he felt the Town could best operate under the State Fire Code as it was updated more frequently then the American Insurance Association (AIA) Fire Code , Ken Reeves , Deputy . Fire Chief for the ' City of Ithaca noted that he was attending the meeting out of curiosity . He stated - that the City uses the AIA fire code . He also felt that if the Town does not adopt a " fire code , the . State would mandate a code and enforce it if , a community does not . He agreed that AIA does not update their code as often as the State . _ Town Engineer Fabbroni . noted that he had met with Jack Miller wha - - was instrumental in instituting the fire code . He noted that the State Fire Code was updated on the basis of the building code ,' He felt that because of the size of our Tow , we wouad be better off Town , adopting the State Fire Code as the AIA Fire Code takes much more research to implement . He further stated that the code was written in , such a way that it did not take a technician to read " it: or enforce it , Supervisor Desch asked about motels and hotels and would the authority of the Health Department supersede the Towns fire code ? Mr . Cartee stated that the Town could have control if - our fire code were more stringent than the health code . Supervisor Desch thanked Mr . Reeves for attending and participating. in the public hearing . PUBLIC HEARING TO CONSIDER . THE CREATION OF THE CLOVER LANE LIGHTING DISTRICT Proof of posting and publication notice of a Public Hearing to considerr7 the adoption of the Clover Lane Lighting District having been presented: by the Tom Clerk , the Supervisor opened the Public Hearing . Supervisor Desch read the Petition for the Establishment of a Lighting; District as presented by the residents of Clover Lame . Supervisor Desch stated that the payment for the lighting will be through a special assessment on the tax roll . Town Board Minutes - 8 - March 9 , 1981 Councilman Kugler noted that the Town would be acting . . as an inter mediator for . the cost of providing lighting . mRESOLUTION NO * 39 Motion by Councilwoman Raffensperger ; seconded by Council Kugler , - '' RESOLVED , that the Town Board of the Town of Ithaca hereby accepts r i the petition for establishment of a lighting district for Clover Lane , Supervisor Desch called for a roll call vote < Councilman Cramer Voting Aye . Councilman Del Rosso Voting Aye , Councilman Kugler Voting Aye ; Councilwoman Raffensperger Voting Aye Supervisor Desch iToting Aye . s• The resolution . was thereupon declared duly adopted , ORDER ESTABLISHING DISTRICT RESOLUTION NO < 40 Motion . by Supervisor Desch ; seconded by Councilman Cramer , All tracks or parcels of _ land situated in the Town of Ithaca , Tompki n,s County , New York consisting of several parcels of land lying on either side of Clover Lane , shown on Ithaca Tax Map Noo59 on block 2 thereof , lo and comprising lots 5 to 10 inclusive., the westerly side of Clove Lane bound on the north ` line 200 feet south of the south line of . . Mitchell Street , .. on the west line 51 feet east from. the division between, the .City and Town of Ithaca , :on the south by Parcel. 19 and ors. . . the east by the west line of Clover Lane ; also comprising of Parcels - 11 to 18 inclusive ; bounded on the west by Clover Lane , on the north by said line which is 120 feet south of and . parallel of Mitchell Street , on the south by Parcel 19 and on the east by the east line of Parcels 18 and 17 . 2 and said line projected northwest as shown on, said maps, Supervisor Desch called fora roll call vote . Councilman Cramer Voting Aye . , Councilman Del Rosso Voting Aye . : Councilman Kugler Voting Aye Councilwoman. Raffensperger Voting Aye . Supervisor Desch Voting Aye .. The Order Establishing the District was thereul 7orc dccla.red. duly adopted . PUBLIC HEADING TO CONSIDER THE ADOPTION Or THE 1981 DOG CONTROL CONTRACT _ Proof of posting and publication notice . of a Public Hearing to consider. . the adoption of the 1981 Dog Control Contract having been presented by the Town Clerk , the Supervisor opened the Public Hearing , Supervisor Desch stated that the Town has received the proposed 1981 SPCA Contract . Basically the Town will receive the same service as last year , however , there will ' be a reduction from three to two in the number of wardens . Also = an Advisory Committee will be establ % shed: , . . Mr . William Hilker then presented his alternative proposal . He noted that the cost to the Town , through his proposal , would be $ 6 , 206. for . 19810 This is a savings of $ 2 , 135 . 23 from the proposed SPCA contract of $ 8 , 341 . 230 A substantial cost reduction in dog licenses could be made for the people of Ithaca or the added income could be used to Town Board Minutes _ 9 _ March 9 , . 1981 defray the expenses of the Town Clerk , - as considerable time - is spent 1M. the issuing of dog licenses . - Mr . Hilker further stated - that the warden would complete an enumeration: for 1981 , there would be approximately twice the warden service . available in his contract than there was with the proposed SPCA Contract _ A follow up of the computer printouts for dog licenses would be made �ieach month . - He stated that no increase for contract expense is anticipated for - 1982 , other than a possible fuel adjustment . However , the SPGA had tried to get an extra $21 , 439 on this years contract . Failing this , they reduced services by 30% . If the extra $ 21 ;439 had been granted ,. . . the Town of Ithaca ' s share would have been $ 2 , 808 : 51 . Supervisor . Desch asked Mr . Hilker -if he had arranged for a kennel ?, Mr . Hilker said yes , he had . made arrangements to lease a kennel. -on the . DuBois P.oad in the Town of. Ulysses . County Representative Beverly Livesay - stated . that she had worked . in the past , on this area , and it seems to be terribly. redundant . after the SPCA built a community shelter to build another shelter * Supervisor Desch noted that Mr . Hilke.r ' s proposal would cost . the . Town less , however , the Town would have to appoint Mr . Hilker as dog warden and become directly involved in dog control . . ; ,- Supervisor Desch noted that the first year he was . Supervisor , he received numerous complaints , however , since the new Dog Law . and the Towns involvement with the SPCA , the calls have dropped to zero. . - Mr . George Patte , Jr . , presented the position of the SPCA , on the memorandum attached to these minutes . Councilman Del Rosso asked if the SPCA looses the contract , will we spend tax dollars to subsidize the . SPCA? Mr . Patte responded , saying that was . a . very ampor.-tant. qudstzon ,.. as - a. . .` lot of money would be involved . The SPCA would have to do a lot of penny pinching if the large towns were lost . Councilman Del Rosso questioned paint number four in tb _ memo, fas ri - how- does the. . .SPCA support itself ? If. revenues are down ,: can you _ still support the same - level of service ? Mr . Patte responded , saying the contract was put together - as . ' a County wide package . If the revenues are down , we cannot provide the same -, . -. level of service . - Councilman Del Rosso asked Mr . Patte if the enumeration shows a decrease , how can you cut back ? Mr . Patte stated that adjustments would have to be made , such as -cutting back at the shelter and the number of cars patrolling the roads , Beverly Livesay stated that she was disturbed with the question of : money coming in . She felt that dog control should be kept off tax payers backs and on a self supporting basis . Councilman Del Rosso asked about the SPCA receiving money over and above their needs and how would this money be used ? Mr . -Patte stated that surplus money could be used to control the amount of the local fee . . Supervisor Desch stated that he was in favor of continuing with the Town Board Minutes - 10 - March 9F 1981 SPCA contract for another year . The City had already decided to continue with the SPCA and with the location of the Town inrelation - Lo the City , he felt the .Town could best be served by the SPCA . However , he encouraged the rural Towns . to consider Mr . . Hilker ' s proposal , to see how competition works . Councilwoman Raffensperger stated that she also was in favor of continuing the contract with the SPCA . RESOLUTION -NO . 41 Motion by Supervisor Deschf seconded by Councilman Del Rosso .- , . RESOLVED , that the Town Board of the Town of Ithaca hereby autho5: izes . the Supervisor to execute the 1981 contract with the SPCA. for dog control . (Desch , Kugler - Raffensperger , Cramer and Del Rosso votznp; Aye . bays none ) . PUBLIC HEARING TO CONSIDER -THE REVISED SITE PLAN FOR THE DEWITT JUNIOR HIGH SCHOOL PARK Proof of posting and publication notice of a Public Hearing to consider. ~ - the adoption . of the revised site plan for the Dewitt Junior High School- Park having been presented by the Town Clerk , the Supervisor opened the Public Hearing , Town Engineer Fabbroni stated that in , 1976 a committee was formed- to study the improvements that would benefit the community . The y ' committee met for one year and came up with a proposal . A public hearing was held , however , . the plan was shelved because of the un� certanty of the schools future and drainage problems on Brandywine . : . , -- and Christopher Lane . areas . The original plan was to. incorporate as much as possible into soft ball fields . Now the . proposal includes a one or one and one -half mile track around the school ,. . upgrading the ball parks and a . water retention area , : John Witten of the Planning Staff , noted that exercise stations could . j be , combined with the jogging track . The track would be open . to anyone . ,_: wishing to use it Mr . Witten showed slides of exercise stations: used on the Ithaca College track Mr . Witten noted that there were. - two alternatives for the.. ` track. . , One. . . : would go in front of the school. , which could create a ha42ard because of school buses . The other alternative would be - the longer trail which would include -the- - hills , making the track. more exc :1= t" 1Wzg, 0 However , this -track would go behind the pond and close to abutting property lines . Supervisor Desch asked who would be responsible for maintenance ? Town Engineer Fabbroni stated that the pond would be fenced at the foot of the bank and would be maintained by the Town . The track - : , would be maintained twice a year , or as required , by the Town . The . school would be responsible for day to day litter maintenance of the track and ball fields . The Town Engineer further stated that there would be sufficient parking for the people using the park . The pond would be an attractive addition , not a nuisance , as there would not. ..be water standing in the pond . There is substantial wood growth which will. provide a buffer strip . Prof . Cline asked where does the drainage from BOCES go into the pond:? Town Board Minutes . - 11 - March 9 , 1981 The Town Engineer responded , through the pond . Prof . Cline asked if the %BOCES drainage would be rerouted ? The Town Engineer answered yes . Prof . Cline asked - the Town Engineer , what do you mean by through the pond ? . ': The Town Engineer responded saying , the stream goes through the middle. _ There is a pond on south hill constructed in this. manner . Prof . Cline asked the Town Engineer if he would be using. a. trickle tube? The Town Engineer said yes , this will minimize problems ; Mr . Kennedy noted that normally the spillways are on the uph3. ide . Mr . Fabbroni . responded , saying on a dam design , you. are right .6 Unlike a . dam , this will be a continue flow through . . Mrs . Kennedy noted that the embankment bf the pond is 8 feet higher, than the ground . If water goes over the top , what happens to the people down below , if it does go over ? The Town Engineer responded , I can only tell you it is highly unlikely- Supervisor Desch stated that a failure of the embankment_ would cause an overflow : : Mr . Cline stated that he felt that possibly a spill. over should be . - considered as it is not beyond the realm for it to overflow : Have you investigated the soil to make sure septage will not go into basements ?' - The Town Engineer stated- that this was still in the realm - 0 f the basic = design work . Mr . Montgomery questioned the grassy indentation . He noted that he could vision -a mud hole: Town Engineer Fabbroni stated that the grassy area will be maintainedr there will be no.. cattails . . Some leaves and twigs will be . carried in it will not become a breeding ground- . for by the water . However , mosquitoes : Mrs . Kennedy asked if the pond would be fenced in? The Town Engineer answered yes :. - Mr . Kennedy stated that if you put the track on the lower side of the pond you are likely to have water problems , He requested that the track be put on up the hill ; on the side of the pond . Mr . Kennedy asked the Town Engineer to please explain the outlet . Mr . Fabbroni stated that the water will flow through two clXcular pipes and out Winthrop Drive to Brandywine . Mr . Fabbroni further ' stated that in 1975 - 76 , there were flash storms . Two or three weeks ago there was a high run off problem down stream . The proposed pond will give the water more spread and delay the run off . Mr . Cline stated that there were rocks within inches of the surface in this area . = Supervisor Desch stated that a soil survey must be and will be done before proceeding with the project . Harlan McEwen expressed concern for the residents of - the ' neighborhood. -;• , t. . --- -'yam' R Town Board Minutes - 12 - March • 9 , 1981 , He noted that 50 to 75 children ` regularly cut through the yards trya.rg. to take the shortest way to their home or school . Hedges have been - - put up to try shop the children but they will not use the sidewalks . . He expressed his concern that the school has not addressed the situation . He noted that the school was reluctant to put up a . fence . If the area is going to be used more then he felt the ` ` own. and School District "i should protect the. proper.ty owners from further invasion . He also stated that policing of the neighborhood was needed because of the late night parties at the school . One or two o .' clock in the morning the teeter totters and swings are banging , The School Board does not . . seem to address the problem . PUBLIC HEARING TO CONSIDER THE REVISED SITE PLAN FOR THE SALEM DRIVE PARK Proof of posting and publication notice of a Public . Hearing to Consider' the adoption of the revised site plan for the Salem Drive :Park ha.tfln€; been ' presented by the Town Clerk , the Supery sor opened the Ptiblicli Hearing . Town Engineer Fabbroni noted that the land was acquired front, Rocco Lucenti and consisted of about two and one -half acres . ' Trails 'with be cut through the park with benches at different intervals Lm Supervisor Desch asked what , the cost estimate would be ? The Town Engineer stated that the cost should be approximately $ 3 , 0006 Mr . Fabbroni stated that the Northeast Civic Association had reviewed both the proposed Salem -Park and Tareyton Park . sites and had approved the Tareyton Park actively and the Salem Park passively . Councilman DelRosso asked about policing the area ? Ni Town Engineer Fabbroni noted that the Town was responsible for policing . . Jon Witten stated that the facilities in the park would- be minimal , Councilman Cramer , asked about the maintenance of the park ? The Town Engineer stated that maintenance would be performed twice a year Councilman Del Rosso asked the Town Attorney . If a time can be estaJ� lishec when the Town , after these hours , is no longer responsible ? . . Town . Attorney - Buyoucos stated that the Tow -). can establ 7: s1 ,. a closiia,g After closing . time , violations will have to be enforced , 7n general , the Town can regulate the opening and closing hours along with sanitary conditions . Noise can be restricted , musical instruments and radios , The principal items , however , would be no drinking and pets must be on leash . PUBLIC HEARING . TO CONSIDER THE ADOPTION OF PROPOSED AMENDMENTS TO THE ZONING ORDINANCE Proof of posting and publication notice of a Public Hearing to cons ider the adoption of proposed amendments to the Zoning Ordinance having been presented by the Town Clerk , the Supervisor opened the Public Hearing . Susan Beeners stated that at the last Toren Board. meeting refuse ' containers in residential zones versus other zones were questioned. . Modifications have been made to the Zoning. Ordinance stating, that refuse in R15 and R30 , Agricultural and Industrial . Zones must be kept in closed containers adequate to prevent the scattering of waste , ( Copy attached to minutes ) . op Town Board Minutes . 13 _ March 9 , 1981 A recommendation was received from the Finger Lakes Kennel Club regarding the number of dogs allowed in kennels and as household pets . The proposed amendments would now- permit the keeping of three household. pets over 6 months of age . Three purebred dogs are allowed . in a kennel . Over three , either household pets or kennels would require a special permit . ( Copy attached to minutes ) . The Town Engineer stated that the Town could not discriminate against animals . Basic logic was needed to cover all animal situations . A / special permit would be needed to keep over three dogs . Richard Pendleton questioned the possibility of a house with two apartments , and each has two cats in resident , then this would be a violation . The Town Attorney answered yes , only three pets per lot are.. allowed . Five or six would require a special permit situation . Lies ° Bronfenbrenner asked . if . there were any restrictio' ns . on horsesl' Town Engineer: . Fabbroni stated horses were allowed by special permit. David Kline stated that the point that he was trying to make was that a person would have to come before the Board to get a special permit to keep more dogs or cats . Supervisor Desch stated that he felt three was not an - unreasonable number . Susan Beeners then read the following resolution on Solar Assess . . RESOLVED , that the Town Board of the Town of Ithaca recognize and hereby does recognize the need for the protection of solar access through the zoning process , and FURTHER BE IT RESOLVED , that the intent and purpose of . the Act to amend the general Town Law in relation to providing solar access as a valid public purpose in zoning regulations , Chapter 742 of . the Laws of New York State in 1979 , such Act constituting an amendment to Section 263 of the Town Law , as amended by Chapter 295 of - the laws, of 1956 , and such amendment , being effective January 1 , . 1951 , shall. be - carried out Miss Beener stated that- solar collectors would be permitted in residential , -business and light industrial zones . The height re quirement for free standing collectors is 22 feet . . attached is . 30 feet . Any collectors in excess of the height requirement will require a special permit . Special permits would be needed - for oppen areas other than rear yards . A building permit is needed for. a solar collector . The height in an industrial zone , free standing or otherwise ., I' s 30 feet . Windmills will be permitted by special permit only . Town Attorney Buyoucos stated that the permit may be turned down_ for a. number of reasons . Those being , side yard requirements , height re - quirements , solar device may be in the line of sight of neighbors or the placement of the device too close to property line . Town Engineer Fabbroni noted that solar collectors would be allowed on a reasonable basis . Sun angle and trees do not appear to conflict with the efficient use of solar collectors . Beverly Livesay asked why a special permit variance was needed for - windmills in this area ? Town Board Minutes - 14 - March 9 , 1981 ' ` Councilman Kugler stated that windmills in this area were . not cost.. . ' efficient , as there was not enough wind . The Town Attorney stated that special permits would be required. for critical or unique areas to build , landscape , gardening or cutting of trees . The Building Inspector would issue the permits . „ Susan Beener stated that property in unique areas would need to . be ' reviewed by the Planning Board after inspection by the Building Inspector . Permits in R15 zones are included in Article 3_4 . The section that would require a permit for a garden has been removed4. Supervisor Desch questioned , was the Board happy with the present concept of conservation in the Zoning Ordinance The Board Members answered yes . Town Attorney .Buyoucos asked it has the administrative overview you want ? Do . you want more. . details ? Councilwoman Raffensperger felt she would like to -review - sate secta.ori:. before commenting . The Town Attorney stated that he would . like one member- " of tti.e Town Board designated to work - with him . ' Councilwoman Raffensperger agreed to work with Mr . Buyoucoso Town Engineer Larry . Fabhroni reviewed and discussed the proposed . , zon3.319 map . Several areas will need to be changed . Bus %ness will be changed to the new light Industrial zones . Sgecif � c examples were discussed , . such . as - the Elmira Road area , Sam Peters and Evan Monkemeyer _ Supervisor Desch stated• that the people in the effected areas should be notified of the change and what effect the proposed change would. have on them . RESOLUTION NO , 42 Motion by Supervisor Desch ; seconded by Councilman Cramer_ , . , RESOLVED , that the Town Board of the Town of Ithaca will conduct. s . public hearing on April 13 , 1981 , at 7e00 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York to further consider adoption of amendments to .the . Zoning Law . . - ( Desch , Kugler , " Raffensperger , Cramer and Del Rosso voting Aye , . Nays none ) , REVISE TOWN HIGHWAY MAP RESOLUTION N0 . 43 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Tom of Ithaca will meets ai.i.d conduct a public hearing on April 13 , 1981 , at 1 : 30 p . m . , at the Town Hall , 126 East Seneca Street , Ithaca , New York to consider Revisions to the Official Town Highway Mapo ( Desch , Kugler , Raffensperger , Cramer and Del Rosso voting Aye , Nays , none ) , RESOLUTION N0 . 44 Motion by Councilwoman Raffensperger ; seconded by Councilman Ku-glex , : .4. , Air Town Board Minutes - 15 - March , 9 , 1981 RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the revised site plan for the Salem Drive Park . ( Desch , Kugler , Raffensperger , Cramer and Del Rosso voting Aye . Nays none ) . BEVERAGE CONTROL SUPPORT Following discussion of the problem of litter along our highways , the energy intensive nature of beverage container production , Mrs . Raffensperger offered the following resolution for adoption , RESOLVED , WHEREAS carbonated soft - drink , beer and ale bottles and cans create problems of litters are a hazard to pedestrians , vehicles ,. axic� . animals ; add to: the amount of municipal solid waste ; and deplete our finite stock of natural resources , especially energy , and WHEREAS , requiring : a mandatory deposit on all carbonated beverage. corm- tainers sold in the State of New York would to a .great extent allevia,te - these detrimental conditions , and WHEREAS , landfill space in Tompkins . County is . limited and may be un� . available sooner than previously expected ,, and WHEREAS , the glass recycling program formerly run - by Challange- lndus � • tries in the City of Ithaca has recently ended , . and EREAS , the siting of a solid waste energy recovery facility is. under. consideration in Tompkins County , and removing beverage containers from ' the haste stream would make such a facility more efficient , au& WHEREAS , proposed legislation in the New York State Legislature , I(Senate 2831 and. Assembly ' 3692 ) would not require a change to refillable bottles: or affect non-beverage food containers , but would only require a �. depos3.t.. : on all carbonated beverage containers , thereby providing an economic incentive to return them to stores where bought rather than to '. th�ow them away ; and ' . UTHEREAS , . the institution of such proposed legislation is not expected to have a detrimental effect on the State ° s economy. or overall work . force , and . WHEREAS ,, . it is easier and more appropriate to deal with beverage - co n- tainer deposit legislation on the State rather than the local evels LOW THEREFORE BE IT RESOLVED , that the Town Board of the Town . of . lthaca does hereby support the enactment of State legislation similiar to . Senate 2831 and Assembly 3692 which would require a deposit on .-Pall carbonated % beverage containers sold in the State of New York . . ` ESOLUTION N0 , 45 IP Motion by Council-woman Raffensperger ; seconded by Councilman Kugler , ( Desch , Kugler , Raffensperger and Cramer voting Aye . Nays - Del Rosso . •C •1. •1y l .S VV f 'ti'i . TT.-w rZ•' "i} arvfw Town Board Minutes _ 16 _ March 92 1981 REFUND OF WATER BILLS RESOLUTION N0 . 46 e Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 63 . 60 for water charge , $ 4. . 45 for surcharge and $ 6 . 81 for penalty for a total of $ 74 . 86 be made to the Country Club of Ithaca , 189 Pleasant Grove Road , Ithaca , New York , by reason of the bill being paid twice , once on December 1 , 1980 and again with the special read paid on December 19 , 1980 . Account Number 188 - 0222767 . (Desch , Kuglek , Raffensperger , Cramer and Del Rosso voting Aye . Nays none ) , RESOLUTION NO . 47 , Motion by Supervisor Desch . - Seconded by Counci7Lwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 41 . 02 for water , $ 2 . 87 for surcharge and $ 4 . 39 for penalty . fora total of $ 48 . 28 to be. made to John Whitaker , Executor of Robert . . ' Whitaker Estate , 2316 North Ralph Avenue , Tucson , Arizona , 85702 by reason of bill eing paid twice , once .on February 3 ,' 1981 and again with the specia read . Account Number 186 - 02162270 (Desch , Kugler , Raffensperger , Cramer and Del Rosso voting Aye . . , Nays . none) . T014N OF ITHACA WARRANTS RESOLUTION NO . 48 Motion by Supervisor Desch ; seconded by Councilman Kugler, : RESOLVED , that the Town Board' of the' Town of Ithaca her approves the Town of Ithaca Warrants dated , March 9 , 1981 , in the following amounts : , - Water and Sewer Fund . . . e . $ 2`2 , 143 . 83 General Fund - Town- Wide 21 , 599x.42 General Fund - Outside ..4 = .673 . 59 Capital Projects Funds 185a5I Highway Fund . a . '. , . . . . . . . V 0 C . . 0 0 000 0 00 .. 0ae , 211, 834A54 Lighting District Fund . . . , 224 . 86 (Desch , Kugler , Raffensperger , Cramer and Del Rosso voting, Aye , Nays. none ) , BOLTON POINT WARRANTS RESOLUTION N0 . 49 Motion by Councilman Kugler ; seconded by Superv�. sar_ Desch ., RESOLVED , . that the Bolton Point • Warrants 'dated March . 9r 1981 , . in the Operating Account are hereby approved , in the amount of $ 237 , 685 . 04 after reveiw and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission they are in order for payment . ( Desch , Kugler b Raffensperger , Cramer and Del. Rossa voting. Aye , * }days none ) . Town Board Minutes March 9 , 1981 EAST ITHACA CONNECTOR ROAD RESOLUTION NO . 50 Motion -by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the expenditure of $ 1 , 000 , the same amount to be expended by the other participants , for an extension of the consultants work in completion of the East Ithaca Connector Road Study . (Desch , Kugler , Raffensperger , Cramer and Del Rosso voting Aye Nays none ) . ADJOURNMENT The meeting was duly adjourned . Q -C1e _ N