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Home My WebLink AboutTB Minutes 1985-10-07 TOM OF ITHACA REGULAR BOARD MEETING October 7 , 1985 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 7th day of October , 1985 , there were : • PRESENT : Noel Desch , Supervisor Shirley Raffensperger , Councilwanan Marc Cramer, Councilman • Henry McPeak , Councilman Gloria Howell , Councilwoman Robert Bartholf , Councilman ABSENT : George Kugler , Councilman ALSO PRESENT : Lawrence Fabbroni , Town Engineer John Barney, Town Attorney Peter Lovi , Town Planner Beverly Livesay , Board of Representatives Edward Mazza , 134 Burleigh Drive Dell Grover , 415 Hillview Place William Grover , 1020 Danby Road Representatives of - the Media : Ken Hughes , WHCU News Mitch Montagna , WTKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Town Hall Board Room Acoustics Supervisor Desch stated that the new table arrangement is an attempt to find the best way to improve the acoustics for both Board members and the public . It is still quite likely that a microphone system will be needed and we have a proposal to consider • later in the meeting . 1986 Preliminary Budget • The Supervisor noted that the Tentative Budget will become the Preliminary Budget on October 28 . This will give us time to print it . Any Board member having questions or suggested changes should let the Supervisor know by that date . Medical Office Facility Supervisor Desch stated that construction was expected to start momentarily on the new building . The agreement between the hospital and the Town for the access road has been executed . Town Board 2 October 7 , 1985 BUDGE'!' AMENDMENTS RESOLUTION NO . 199 Motion by Councilman McPeak ,, seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following budget amendments : 1 . Transfer $ 250 from Townwide A3120 . 100 Crossing Guards Personal Services to Townwide A3120 . 400 Crossing Guards Contractual for monthly mileage reimbursement and rain gear . Appropriation for mileage reimbursement incorrectly budgeted in Personal Services for 1985 . • 2 . Transfer $500 from Townwide A1670 . 499 Shared Services Miscellaneous to Townwide A1670 . 406 Xerox Supplies for xerox • paper needed for remainder of 1985 . 3 . Appropriate $ 2 , 040 of Part-Town Fund Balance and transfer to Part-Town appropriation B9030 . 800 Employee Benefit Social Security for Town ' s portion of Social Security benefits in Part-Town for remainder of 1985 . 4 . Appropriate $ 350 of Lighting Districts Eastwood Commons Fund Balance and transfer to appropriation SL1-5182 . 400 Eastwood Commons Contractual for estimated lighting expenses for remainder of 1985 . (Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none ) . Town Engineer ' s Report Town Engineer Lawrence Fabbroni reported that most of the material in his written report was covered at the last meeting . (Copy attached to minutes ) . The Engineer went on to report that the drainage work in Forest Home had begun and that they were completing a list of items on the Burns Road project , while waiting for fill from Park Lane . He went on to say that PRV ' s are being installed in nine houses , at a cost of $ 125 each to the Town (as part of the improvement project ) , in the houses at the end of State Street and the beginning of Slaterville Road . The Sewage Treatment Plant is moving ahead very well . He noted that there were some problems with the contractor involved with the lake portion . Most of the structures , at the Sewer Plant , will be up by the end of the year . Councilman McPeak asked if the Forest Home project would be • completed this year? Town Engineer Fabbroni responded , it depends on how soon the water comes up . We hope to complete the washout this year . The part of the project that involves the City and Cornell will start next • year . Supervisor Desch added , the schedule for the project to restore the road along Beebe Lane is September 1986 . Supervisor Desch asked about the Burns Read paving project . Town Engineer Fabbroni responded that double oil and stone is scheduled for this Fall . He went on to say that he expected a good amount of settling on the North end . FLANNING AND ENGINEERING REPORT Lawrence P . Fabbroni , P . E . Town Engineer SEPTEMBER 10 , 1985 throu h OCTOBER 7 , 1985 Water - Contract Administration Watermains Phase II - - PRV main and installation , private PRV installation , dry hookups, citizen Sewer inquiries , applications , special low pressure boosting conditions - Monitor Wage Compliance Watermains Phase II - Planning future watermain extensions Parks - Awaiting Town Attorney review of Sand Bank Road -Buttermilk improvement agreement . Awaiting Town Attorney review of permanent easement Town Hall - Preliminary design investigations for heating -cooling rear building Highways - Burns Road -- Property Closings -- still pending Town Attorney action -- NYSDOT Permit Application - - Continued placement of fill through gravel -- Compensation to City for gravel in helping excavation of the Silt Dan -- Project inspection for S . O . S . with NYSDOT - Park Lane -- Design of drainage interconnections at Rt . 79 intersection with NYSDOT E . I . C . - - Permit Application to NYSDOT Maintenance -- Design of Gas Line Support Bridge in consultation with NYSEG - Forest Home Drive -- Delivery of gab i on baskets - - Preliminary coordination with City Transit - Circulation of NET Contracts Hospital - Refinement of design with Hospital - Meeting with Hospital on Route 96 alternative - Meeting with NYSDOT and Hospital on Route 96 alternative Planning & Engineering Report 9 / 10 / 85 thru 10 / 7 / 85 Page 2 Sewer - Brief SJS Committee and subcommittee on contract progress and Treatment change orders , progress payments and requests for Contracts 1 , Plant 2 , 31 4 , 5 , 6 , 71 3A , 4A , 5A, 6A - Monitor compliance with MBE /WBE , Labor rates , CPM - Monitor completion of final punch list items for Contract 1 - Land Outfall - Monitor replacement of end section at overflow in Cascadilla Creek - Monitor changed site conditions and construction approach on First and Franklin Streets - Monitor progress of water quality study of Cayuga Lake - Monitor inspection adequacy , efficiency , and timeliness of Stearns & Wheler inspection and project management , particularly : Influent Building -- Block and Brick Work, Screen Installation , Concrete Finishes , Pre -Cast Plank Cutouts Secondary Digester -- Continued Warranty questions and painting Primary Digester -- Insulation Cascadilla Creek - Overflow reconstruction, liability for MH4 cofferdam Lake -- Contract claims , documentation of delays , issuance of change orders First and Franklin Streets -- Unforeseen Conditions - Monitor steel placement , concrete placement , etc . ( form, steel , and concrete ) , base slab one phostrip tank complete , base slab all galleries except # 2 complete, 1 / 2 primary tank walls complete , forming for gallery decks continues , primary trusses and bottom plate ( top side) completely painted , secondary digester truss and bottom plate 1 / 2 completed painting , completed welding , cofferdam for manholes in place along Franklin Street , Contract 1 completed with exception of Cornell plantings , block work and placement of precast roof plank complete , brick work 9 / 10 complete, fascia panel supports begun , pump piping with motor and valves 3 / 5 complete , installation of screeds 2 / 5 complete , conduit from influent building to transformer pad complete , conduit from generator building to plant 1 / 4 complete , conduit under administration building slab complete , generator building block walls and precast roof complete , MCC and HVAC units lifted into influent building , patching of secondary digester leaks , concrete finishing 3 / 4 complete , shear ring secondary digester complete , shear ring primary digester being poured , top roof plates blasted and painted 1 side 1 /4 complete - Open bids Contract 7 -- Monitoring Stations Preconstruction meeting Contract 7 Drainage - Fall Creek Wall repair - Gabions delivered - Cobbles being staged LPF/ rmf 10 / 7 / 85 ASSISTANT TOWN ENGINEER ' S MONTHLY REPORT SEPTEMBER 10 , 1985 to OCTOBER 7 , 1985 Robert R . Flumerfelt , P . E . 1 . Burns Road a . Stakeout for finish grades - Phase I . b . Construction progress : Phase I all gravel sub - base placed . - crushed stone base course placed , ready for final grading . Phase II - earthwork approximately 75 % complete , gravel sub -base and drainage fabric placement approximately 60o complete . 2 . Park Lane Extension a . Design of intersection with Rt . 79 and coordination of design of drainage structures with NYSDOT . b . Preliminary design of structure to support existing 10 " gas main . 3 . Snyder Hill Road a . Stakeout of control for lowering approximately 100 feet of existing 8 " sanitary sewer main . 4 . 1985 Water Improvements - Phase II a . Contract administration , construction inspection . b . Watermains , services , and Elm Street pressure reducing vault complete ; minor cleanup remaining . 5 . Fall Creek Gabion Retaining Wall along Forest Home Drive a . Preliminary planning for start of construction this month . RRF / nf 10 / 7 / 85. TOWN HIGHWAY SUPERINTENDENT ' S MONTHLY REPORT SEPTEMBER 9 , 1985 to OCTOBER 7 , 1985 Robert E . Parkin Install Resident Culvert - - Compton Road Ridgecrest Road - - Ditch Cleaning - - Install Resident Culvert - Burns Road # 1 , Coddington Road Side of Bridge - - Haul . Crusher Run , Spread , and Roll - Burns Road # 2 - - Level and Compact Fill hauled in by Contractor for Slaterville Road Culvert Crossings - - Place Straw Bales to help Erosion Control Repairs - - to Guide Rail on Stone Quarry Road , after accident - - to Guide Wire on Sandbank Road - Complete Brooming of Surface Treated roads Complete Second Roadside Mowing Dig Clay at Burns Road with Backhoe for Cornell University - Complete Paving - - Commonland Community Area - - Part of Forest Home Drive - Clean Ditch and Shape road at end of Pennsylvania Avenue Haul Cobblestone and Stockpile on Forest Home Drive for Gabions - Miscellaneous - - Brush and Weeds - - Hot Patching - - Signs REP / nf 10 / 7 / 85 REPORT OF THE TOWN PLANNER OCTOBER 7 , 1985 Subdivisions Richard Berggren - Compton Road , 7 - lot subdivision ( Preliminary Approval - adjourned to 10 / 29 ) Ivar Jonson - Honness Lane , 53 - lot subdivision ( Sketch Plan reviewed 9 / 17 ) Site Plan Reviews Cornell University - Chemical Storage building Environmental Assessments Review of Dormitory Authority EAFS for 1986 Capital Projects Comprehensive Planning Studies Trailer Park Location ( Draft Completed ) Housing 1980 - 1985 Zoning Ordinance Amendments Trailer Parks - Discussed by Planning Board Family - revised ; to be considered by Town Board Duplexes - revised ; to be considered by Town Board Street Rights -of -Way - to be considered by the Town Board Other Review , recommendation , and acquisition of computer software . for Justice Wallenbeck Town Board 3 October 7 , 1985 Highway Superintendent ' s Report Highway Superintendent Robert Parkin stated that he had nothing to add to his written report . The construction of Burns Road is taking the bulk of the Highway personnel ' s time . REPLACEMENT OF WATER LINE ON FOREST HOME BRIDGE Town Engineer Lawrence Fabbroni reported that the water line had been there for fifty years . The line rests on the support of the bridge , which also supports the walkway . He went on to say that this summer there was a break in the water line . The break was at one of the supports and had eaten through the pipe . There are ten supports in all and all ten are rusty . The Engineer noted that the insulation also gets wet when the pipe leaks . We hope to be able to replace the pipe with jacketed insulated pipe if not , jacketed • with an aluminum shield . Highway Superintendent Robert Parkin asked which bridge the Engineer was talking about . Town Engineer Fabbroni responded , the bridge by the filter plant . He went on to note that the valve pits were five to ten feet off the bridge . RESOLUTION NO . 200 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , the watermain over the second bridge in Forest Home is in urgent need of major repair at each support on the bridge where the main has rusted through , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that the watermain be replaced before winter at a cost not to exceed $ 5 , 000 to be funded out of Account F8340 . 4 ( 470 ) . ( Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none ) . WATER ACCOUNT REFUNDS RESOLUTION N0 . 201 Motion by Supervisor Desch ; seconded by Councilman Bartholf , WHEREAS , Mrs . G . Scott Little , 111 Crest Lane misread the meter for the June 1 , 1985 billing period , and • WHEREAS , the misreading was discovered when a special reading was done on July 3 , 1985 , and . WHEREAS , the amount of the refund due is $21 . 85 for water plus $ 13 . 25 for sewer and $ 3 . 71 water surcharge for a total of $38 . 82 , and WHEREAS , the amount of the special, reading is $ 15 . 00 plus $ 12 . 39 for water , $ 7 . 36 for sewer and $2 . 11 for water surcharge for a total of $39 . 86 , making the net amount of the refund due $ 1 . 96 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount of $ 1 . 96 be made to Town Board 4 October 7 , 1985 Mrs . G . Scott Little , 111 Crest Lane , Ithaca , New York , Account Number 191 -00002266 . ( Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none) . RESOLUTION N0 , 202 Motion by Supervisor Desch ; seconded by Councilman McPeak , WHEREAS , a double payment of the June 1 , 1985 water bill was paid by Rocco Lucente , • NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 74 . 32 for water and $ 12 . 63 for water surcharge , total refund of $86 . 95 be refunded to Rocco P . • Lucente , 506 Warren Road , Ithaca , New York , Account Number 184 -0207446 . (Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none) . RESOLUTION N0 , 203 Motion by Supervisor Desch ; seconded by Councilwoman Howell , WHEREAS , on June 25 , 1985 , John Kinsella , 1136 Hanshaw Read paid his June 1 , 1985 water bill , and WHEREAS , on June 28 , 1985 , Mr . Kinsella again paid his June 1 , 1985 water bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 18 . 58 for water , $ 3 . 26 for water surcharge and $ 2 . 17 for penalty , total refund of $ 23 . 91 be refunded to John Kinsella , 1136 Hanshaw Road , Ithaca , New York , Account Number 184 -0204203 . (Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye. Nays - none) . RESOLUTION N0 , 204 Motion by Supervisor Desch ; seconded by Councilwoman Howell , WHEREAS , a meter reader made an error on the June 1 , 1985 water bill reading of Eric Graf , 216 Tudor Road , and • WHEREAS , the account was billed $ 140 . 24 for water , $23 . 84 for water surcharge and $84 . 45 for sewer , total amount of $ 248 . 53 , and WHEREAS , Mr . Graf should have been charged $ 103 . 40 for water , • $ 17 . 46 for water surcharge and $ 61 . 86 for sewer , total amount of $ 182 . 72 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $ 65 . 81 be refunded to Eric Graf , 216 Tudor Road , Ithaca , New York , Account Number 172-0164493 . (Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none ) . Town Board 5 October 7 , 1985 RESOLUTION N0 , 205 Motion by Supervisor Desch , seconded by Councilman McPeak , WHEREAS , Leila Rouse , 136 Muriel Street paid her May 1 , 1985 Special Reading bill twice , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $33 . 50 for water and $ 3 . 15 for water surcharge , total amount of $36 . 66 be refunded to Leila Rouse , 136 Muriel Street , Ithaca , New York , Account Number 184-0205684 . (Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . • Nays - none ) , PERSONAL AU'T'OMOBILE USE WITHHOLDING • Supervisor Desch stated that a decision needs to be made soon as to whether the Town wishes to withhold the value of the personal automobile useage or report the usage as a $3 . 00 a day benefit , as Cornell University is now doing . Town Attorney Barney responded that he had no strong recommendation at this time , as the legislation on automobile usage is changing day by day . The last change being that $3 . 00 a day could be charged for personal use . Supervisor Desch suggested that automobile use be referred to the Personnel Committee for further study . ACCEPTANCE OF TITLE TO STRAWBERRY HILL LANE Town Engineer Fabbroni remarked that the Board has , for consideration tonight , a resolution that is self-explanatory . The remainder of Strawberry Hill Lane has now been built to highway specifications . Town Attorney Barney reminded the Board that the strip of land that completes the circle , on Strawberry Hill Lane , will not have a clear title because of pending judgements . Supervisor Desch remarked that the loop is needed because of snow plowing . RESOLUTION NO . 206 Motion by Supervisor Desch ; seconded by Councilwoman Howell , WHEREAS , the remainder of Strawberry Hill Lane has been built to • Town Highway Specifications and inspected and approved for acceptance by the Town Engineer and Town Highway Superintendent , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of • Ithaca to accept the portion of Strawberry Hill Lane connecting the previous portion already accepted to Wildflower Drive , subject to the approval of deed and title by the Town Engineer and the Town Attorney , ON-THE-JOB SAFETY IN PUBLIC WORKS SEMINAR RESOLUTION NO . 207 Town Board 6 October 7 , 1985 Notion by Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , the American Public Works Association and the U . S . Occupational Safety and Health Administration are cosponsoring a one day seminar on providing safe working conditions and implementing adequate safety procedures , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that Lawrence Fabbroni , Town Engineer ; Robert Parkin , Highway Superintendent and Bert Dean , Highway Foreman be authorized to attend , at Town expense , the OnJrMe-Job Safety in Public Works Seminar to be held October 24 , 1985 , in Binghamton , New York . • ( Desch , Raffensperger , NlcPeak , Howell and Bartholf voting Aye . Nays - none ) . • HUNGERFORD HEIGHTS PARK Town Planner Peter Lovi noted that the Board had a resolution to accept the Park subject to Town Attorney approval and the planting of trees . Town Supervisor Desch asked how large is the park? Town Planner Lovi responded , about two acres . Councilwoman Raffensperger asked if this park was within the center of the development? Town Planner Lovi responded , the park is in the northeast corner of the development , by the road . Councilwoman Raffensperger asked if this was the original location? Town Planner Lovi responded that the location was never changed in the developers specifications . The Hungerford Heights Subdivision always showed a park where it is . RESOLUTION NO , 208 Motion by Councilwoman Howell ; seconded by Councilman NLcPeak , RESOLVED , that the Town of Ithaca accept and hereby does accept the Hungerford Heights Park as described in the Final Subdivision Plan for the Hungerford Heights Subdivision approved by the Planning Board February 5 , 1985 , subject to the following terms and conditions : 1 . The provision and recording of a deed describing the property • to be conveyed in a form and manner acceptable to the Town Attorney , 29 The planting of two ( 2 ) shade trees with a minimum one and • three quarters inch ( 1 3 / 411 ) caliper of a species and in locations acceptable to the Town Landscape Consultant . ( Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none ) . REPORT OF COUNTY REPRESENTATAIVES Town Board 7 October 7 , 1985 County Representative Beverly Livesay reported that the County Board would be meeting on October 8 , 1985 , therefore ,, she had no specific report . TOWN BOARD MINUTES Councilwoman Raffensperger noted that she had the following corrections for the September 9 , 1985 Town Board Minutes : Page 18 - to be added to the Route 96 discussion , after the last sentence . " It was agreed that the Town resolution would reference the PRI letter recognizing the importance of the "no-cost " factor • to PRI . " Page 36 - to be added to the Tompkins County Industrial Development Agency Bond Financing - Medical Office Building, Tompkins Community • Hospital , after the last sentence . "Councilwoman Raffensperger asked the total amount of the revenue sharing bonds that would be used for the medical office building and what was the Countys total revenue bond authorization and for what period . These figures and information were not available . There was discussion of the possible use of Industrial Development Bonds for the incubator businesses previously endorsed . " RESOLUTION NO , 209 Motion by Councilwoman Raffensperger , seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the minutes of the September 9 , 1985 Town Board meeting as amended . ( Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none ) . FINANCIAL REPORT RESOLUTION NO . 210 Motion by Councilwoman Raffensperger; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the Financial Report for the month of September . ( Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none ) . BOLTON POINT WARRANTS • RESOLUTION N0 , 211 Motion by Councilman Bartholf ; seconded by Councilman McPeak , • RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated October 7 , 1985 , in the following amounts : General Fund - Townwide . . . . . . . . . . . . . . . . . . . . . . $ 33 , 954 . 30 General Fund - Outside Village . . . . . . . . . . . . . . . $ 11 , 681994 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27 , 349 . 60 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 323 , 914 . 01 Lighting Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 410 . 12 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 15 , 626 . 08 Revenue Sharing Fund , $ 1 , 453 . 03 Town Board 8 October 7 , 1985 (Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none) . BOLTON POINT WARRANTS RESOLUTION N0 , 212 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Bolton Point Warrants dated October 7 , 1985 , in the Operating Account are hereby approved , in the amount of $ 60 , 632 . 07 after review and upon the recommendation of the Southern • Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . • Nays - none ) . NEWSLETTER RESOLUTION N0 , 213 Motion by Coucilwoman Howell ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the 23rd Town of Ithaca Newsletter . (Copy attached to minutes ) . ( Desch , Raffensperger , McPeak , Howell and Bartholf voting Aye . Nays - none ) . Councilman Cramer joined the meeting , already in progress . PUBLIC HEARING TO CONSIDER A LOCAL LAW TC) AMEND THE ZONING ORDINANCE ON THE DEFINITION OF A FAMILY Proof of posting and publication notice of a Public Hearing to consider the adoption of a local law to amend the Zoning Ordinance on the definition of a family , having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Barney noted that in reading the Zoning Ordinance beyond the definition of a family , if the definition of a family is changed to read two or more persons , then a dwelling can only be occupied when you have two or more people . He went on to say that he felt all changes should be made simultaneously instead of piece meal . • Town Planner Lovi remarked that "occupied by individuals as well as a family" could be added . As no one present wished to speak for or against the modifications . the Supervisor closed the public hearing . It was decided that the local law to amend the Zoning Ordinance on the definition of a family be tabled until all necessary changes in the Ordinance were considered and ready to proceed , CAYUGA VISTA COVENANTS Supervisor Desch stated that the Board must decide if it wishes to permit renting in the Cayuga Vista project . He stated that the feelings of the Board seem to be that renting should be allowed for Town Board 9 October 7 , 1985 a period of three years . The developers of Cayuga Vista want five years rental . The Supervisor went on to say that the developers have gone more than half way to meet the concerns of the Board . The restrictions placed on Cayuga Vista are more restrictive than those recommended by the Town of Ithaca Planning Board . Supervisor Desch then asked the Town Planner if this was correct , that the Planning Board did not put any restrictions on rentals . Town Planner Lovi responded this is correct . The Planning Board left it up to the Town Board to put on any rental restrictions that the Town Board might want . Councilman Cramer questioned , when the whole issue was before the • Planning Board was rental discussed at length or with the units costing $ 70 , 000 plus was it felt the units would be marketed and owner occupied . • Town Planner Lovi responded that rental was not discussed at length . He went on to say that the Planning Board felt the units would be sold and not rented . The builders also felt this way . It was only at the Town Board level that the developers , in order to get financing , felt the need to ask for rental . He went on to say that he thought it was only because of financing that the developers asked for rental . Supervisor Desch then referred to a letter dated October 2 , 1985 from Edward Mazza : " It is my understanding that the issue of the Cayuga Vista covenants and restrictions will be on the regularly scheduled Board Meeting for October , 1985 . At that time it is my understanding that the Board will specifically review the issue of owner occupancy and a limitation on the number of years that my group as developers would be entitled to rent the premises including a total number of units to be rented at any one time . As you know , it has been suggested and requested by the bank that this limitation be for no less than seven ( 7 ) years . Also , they would like to have this restriction available for all units constructed . The developers have determined that they would build no more than twelve ( 12 ) units if they have not been able to sell any of them . The developers also feel that we could convince the bank that a limitation of five (5 ) years would be an acceptable period to operate under . The developers still are of the opinion that your cluster regulations do not allow you to limit these units to being owner occupied . Thus , the developers request that no such limitations be placed on them , in their covenants and restrictions . However , I believe that the developers would be willing to accept and able to • finance through the banks this project if and only if the restrictions placed on owner occupancy are no more restrictive than to allow each unit built to be rented by the developer for a period of five ( 5 ) years with no more than twelve ( 12 ) units being rented • at any given time . Any restrictions which are more restictive than those suggested above will most likely result in the death of this project since , as we all know , without the financing in place to build the structures no development can occur . You should keep in mind in considering this matter that the developers are all local individuals . Robert Reed currently resides outside the state , however , his family and roots are in Ithaca being a long time resident of Ithaca . The other four ( 4 ) Town Board 10 October 7 , 1985 developers are William Grove , Dell Grover , William Reed and myself , are all long time residents of Ithaca who have a sense of responsibility to the community as can be seen from our prior activities within the community and I submit that this project would be a positive development in the Town and that the Town of Ithaca would be proud of it . " Supervisor Desch noted that in discussions with Ed Mazza , the only part that was discussed was the three year or five year rental . Councilwoman Howell stated that she was part of the committee appointed to work with the Cayuga Vista developers on the covenants and restrictions . She went on to say that after talking with Ed • Mazza she was convinced that Mr . Mazza was presenting a hardship to the Board . Councilwoman Howell stated that she believed Mr . Mazza felt they could get the financing only if rentals were permitted . • PUBLIC HEARING TO CONSIDER A LOCU LAW TO AMEND THE ZONING ORDINANCE ON DUPLEXES Proof of posting and publication notice of a Public Hearing to consider a local law to amend the Zoning Ordinance on duplexes having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch noted that following our Board discussions , the matter was referred to the Planning Board , Town Planner Lovi stated that the Planning Board had discussed duplexes in a wide range sense . Part of the issue was where should developments that are currently being discussed by the Planning Board be included . He went on to say that the Planning Board has questions . In the course of their review , the Planning Board is considering the Ivar Jonson proposal , which they felt was not appropriate as a cluster subdivision . The Planning Board is now willing to look again at the project as to a cluster subdivision , not approve , just look . The Town Planner noted that staff had recommended consideration of duplexes for the Jonson proposal . Town Supervisor Desch remarked that legislation may need to be passed . Town Planner Lovi stated that questions had been raised , therefore , he had redrafted a more extensive revision to the Zoning Ordinance than originally proposed on the amendment on duplexes . It starts from the premise of three residential zones which allow one family and two family homes . When you speak of two family homes you are really talking about a home with an accessory apartment when someone builds a second dwelling unit in a home . He went on to say that a two family home with zero lot line could be owned by two • different owners . A two family house could be a duplex ( two attached two family houses with a zero lot line ) . Two - one family houses built together would not allow an attached apartment . Mr . Lovi went on to note that if the Ivar Jonson project could be • considered for clustering , this would permit zero lot line , two family houses and still allow one family with attached apartments . Councilwoman Raffensperger responded that she did not want to see the Board delay resolving the meaning of duplexes . We have needed to clarify this for a long time and clean up the ordinance to get what we thought we were originally getting . 0 Town Planner Lovi suggested that the Board should perhaps first receive a recomrendation from the Planning Board . Town Board 11 October 7 , 1985 Supervisor Desch remarked that the Planning Board should look at the question of duplexes and make a decision on the size of lots required . Town Planner Lovi added that the Planning Board should decide , if you have two houses with zero lot line do you have a subdivision? Also , if duplexes are built with different owners , . do we need site plan approval ? Councilwoman Raffensperger remarked that duplexes were not defined necessarily as having two owners . Peter Lovi went on to ask if when the Planning Board looks at duplexes , should they look at the idea of one or two owners ? • Councilman McPeak asked if this would have any effect on existing houses ? • Town Planner Lovi responded that he did not think so . With Ivar Jonson ' s Pine Tree Road project , he constructed a building with an accessory apartment being 100 % of the main building . Councilman McPeak remarked that with two owners , you are beginning to talking about a condominium complex . Councilwoman Raffensperger remarked that she did not anticipate two owners when duplexes were discussed before . Town Planner Lovi added that the question was important , do we have two family houses or do we have houses with accessory apartments . Supervisor Desch suggested that the hearing be adjourned until the Planning Board had discussed duxpeexes . Mr . Lovi stated that he hoped we could keep moving along on the definition of a family and duplexes . Councilwoman Raffensperger questioned the Planning Board ' s discussion of subdivision for clustering or the way clustering was being interpreted . Town Planner Lovi responded that the Planning Board had held extensive discussions twice on how they have been interpreted and haw they would be interpreted in the future . RESOLUTION N0 , 214 Motion by Supervisor Desch ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn , to a later date , consideration of a local law to amend the Zoning • Ordinance on duplexes . (Desch , Raffensperger , Cramer , McPeak , Howell and Bartholf voting Aye . Nays - none) . • CAYUGA VISTA COVENANTS Supervisor Desch informed Edward Mazza that he had already read his October 2 , 1985 letter the Town Board members . He noted that the question to be decided by the Board was the permitted rental of the units by the developer . Councilman McPeak stated that he was a member of the original committee that considered the Covenants for Cayuga Vista . He went Town Board 12 October 7 , 1985 on to say that after talking with Dell Grover and Edward Mazza , he was comfortable with allowing the developers to rent the units for up to five years . Councilwoman Raffensperger stated that Councilwoman Howell had called her . Some kind of uniformity should be put on the developers and three years is more in line with what has been approved . Mrs . Raffensperger stated that she felt small clustering resembled multiple residence districts which have not been rezoned . Councilman Cramer stated that he had asked the Town Attorney to pursue with the banks , their concerns over the seven years rental of the property in order for the developers to receive financing . • Town Attorney Barney responded that he had asked the developers which banks were reluctant to loan the money without a seven year rental guarantee . The developers would not reveal the banks . • Edward Mazza responded , as was described in my letter , we have approached several banks including one which we would prefer doing business with . Councilman Cramer asked if there was anything on paper showing what the banks require? Mr . Mazza responded nothing on paper that they will loan us the money . The bank is reluctant to loan money on something that is new to this area ( clustering ) . The bank is also reluctant to loan money if the units are not sold for an amount sufficient to pay off the mortgages as they come due and the developer is not allowed to rent the property to help pay the mortgage . Mr . Mazza went on to say that Commonlands asked for restrictions , we hope to sell the units then the restrictions will be unnecessary . He also noted that he was unable to find any information that would legally allow the Board to limit the developers to no renting . Councilwoman Raffensperger stated that she did not object to rentals , she objected to buildings being built for sale and then rented . Edward Mazza stated that he had made the possibility of rentals very clear to the Planning Board , Councilman Cramer asked the Town Planner if the Planning Board had discussed rentals ? Town Planner Lovi responded that the Planning Board did not talk , at length , about rentals . Councilwoman Raffensperger remarked that at the Planning Board meeting a resident had asked if the units were for rent and you • responded no they are not for rent . Edward Mazza responded that the developers intended that the units would be for sale and not for rental . However , he did not wish to • limit himself to just the sale of the units , therefore , he had made himself clear at the next Planning Board meeting . The minutes were corrected to reflect this . Supervisor Desch suggested a limit of twelve units for a five year rental period , this would allow a turn around period . Edward Mazza remarked , 15 years with 12 out of a possible 40 units . He went on to ask , specifically what is the concern , " I don ' t understand your concern " . Town Board 13 October 7 , 1985 Supervisor Desch responded , the Board did not set aside a multi-residence zone for rentals . No provision was made for long term rentals in our residential zones . Edward Mazza responded that he was not concerned with rentals but with density . We only asked for 80 % of the density allowed . If the intent of the original ordinance was not to allow rentals , it would have been spelled out in the ordinance . Town Attorney Barney remarked that he thought that at the time the original ordinance was drafted it was not profitable to rent single family houses . When you cluster it becomes efficient to rent . He stated that he did not feel the original ordinance had to say you • could not rent a single family house . Edward Mazza responded , 1 , 300 square feet plus a garage is comparable to a single family house . • Dell Grover remarked , that he though the Board was going to kill the whole project . He went on to say that the banks had told him that they wanted seven years rental . Town Attorney Barney then asked , "which bank" ? Dell Grover responded , that ' s our business . You are not going to talk to our bank . Supervisor Desch stated , that as a buyer , he might be happier with a shorter rental period for the units close to him . Five years rental for the first twelve units , you wouldn ' t be financing more than twelve units at a time , would you? Edward Mazza responded that the developers were asking the banks to commit to the whole project . We will be getting a mortgage on the land , therefore , we need a commitment for the whole project . The bank will give us money for twelve units at a time . Mr . Mazza went on to say that he hoped the Board would make a decision one way or another . We can ' t wait any longer . We want to build one unit this fall and it ' s getting too late . Councilman Cramer stated that he thought the developers should have the opportunity to discuss with the bank the proposal for five year rentals instead of seven years . Councilman McPeak noted that from the discussions , he did not think the bank would go along with the five year rental . Edward Mazza added , that as he had stated in his letter , the developers have been here all their lives and do not intend to build some junk then leave town . • Supervisor Desch asked the Board members if they wished to think about the proposal for a week and then hold a special noon Board meeting? • Councilman McPeak stated that he would be out of town for a week , therefore , he would like to vote on the proposal tonight . RESOLUTION N0 . 215 Motion by Councilman McPeak ; seconded by Councilwoman Howell , RESOLVED , that the Town Board of the Town of Ithaca hereby amends the Restrictive Covenants for the Cayuga Vista project by adding Paragraph ( c ) as follows : Town Board 14 October 7 , 1985 0 "Not withstanding the above , the declarant shall be allowed to rent one or more units for a period not to exceed five years in each case from the date of the issuance of the original Certificate of Occupancy for the unit being rented , provided that at no time may the declarant have more than twelve ( 12 ) units rented under this provision at any one time " . The Supervisor called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Nay Councilwoman Howell Voting Aye Councilman McPeak Voting Aye • Councilwoman Raffensperger Voting Nay Supervisor Desch Voting Aye The Resolution was duly adopted . PA SYSTEM FOR BOARD ROOM Supervisor Desch suggested that this item not be considered tonight and that the new arrangement of the tables be tried for another month . He went on to say that this would also give the Planning Board and Zoning Board of Appeals a chance to try the new arrangement , Councilman McPeak noted that microphones hung from the ceiling cannot be controlled as easily as tabletop microphones . ADJOURNMENT The meeting was duly adjourned . (;Town C1 rk • • TOWN HIGHWAY SUPERINTENDENT ' S MONTHLY REPORT OCTOBER 7 , 1985 to NOVEMBER 7 , 1985 Robert E . Parkin - Burns Road - - Haul Fine CR - - Haul RipRap for Drainage Ditch and Place with Backhoe - - Install 83 ' x 30 " Culvert Road Crossing Pipe - Combine with County Forces to put Shoulders on Forest Home Drive where we paved Forest Home Drive Creek Wall Repair - - Wire Gabions together Fill and Place in Creek 1 , 000 Sand Bags Pour 25 yds . Concrete for Base of Wall Leveling Drill Holes in Concrete and Shale Base for Pins to hold 1st Row of Gabions Haul Cobblestone to fill Gabions Install Culvert complete front of Resident ' s Property and Install Catch Basin on Birchwood Drive North Complete Header Installation on other Resident Culverts One ( 1 ) Week Ditch Cleaning with Badger Machine and Operator for Town of Enfield - - Repayment for their help during our paving Work with Cornell on Four -Way Stop on Judd Falls Road and Tower Road , plus other Miscellaneous Sign Work on Town Roads - Mix Salt and Sand Pile together Mount Two ( 2 ) Cinder Spreaders Install Fire Hydrant Stakes Voting Machines Out and In - Fall Clean - Up approximately Four ( 4 ) Days REP / n _f 11 / 7 / 85 PARKS AND RECREATION WAYS MONTHLY REPORT - OCTOBER , 1985 Pleasant Grove Road and East Ithaca recreation way planning . Coddington Road Community Center insurance / easement review , bulletin board design . Burns Road revegetation - tree and shrub planting . Forest Home Drive - gabion assembly . Polling place setups Susan Beeners Richard Schoch November 7 , 1985 BUILDING INSPECTOR ' S MONTHLY REPORT OCTOBER 1985 Lewis D . Cartee 1 . Town of Ithaca Building Permits Issued - - 35 Construction Cost $ 12 , 438 , 530 . 00 Fees Collected - - $ 1 , 52. 0 . 00 20 Town of Ithaca Zoning Board of Appeals ( See Attached ) - - Fees Collected - - $ 40 . 00 3 . Water Permits issued - 8 ; Fees Collected - $ 1 , 392 . 57 4 . Sewer Permits issued - 10 50 Certificates of Compliance Issued - 25 Fees Collected - - $ 180 . 00 60 Town of Ulysses - Building Permits Issued - - 7 Construction. Cost - - $ 317 , 500 . 00 Fees Collected - - $ 355 . 00 7 . Village of Trumansburg Building Permits Issued - - 3 Construction Cost - - $ 34 , 700900 Fees Collected - - $ 54 . 00 NOTE : September 1985 Report - - 1 . Town of Ulysses Building Permits Issued - - 3 Construction Cost - - $ 5417500 . 00 Fees Collected - - $ 65 . 00 2 . Village of Trumansburg Building Permits Issued - 2 Construction Cost - - $ 4 , 500 . 00 Fees Collected - - $ 10 . 00 LDC / nf 11 / 7 / 85 =orm LC - 3 / 79 Lewis D . Cartee TOWN OF ITHACA Building Inspector REPORT OF BUILDING PERMITS ISSUED OCTOBER 1984 OCTOBER 1985 One Family Unit - 3 - $ 155 , 000000 7 - $ 242 , 698 . 00 Two Family Unit - Alterations - 4 - $ 28 , 800 . 00 Conversions - 1 - $ 10 , 000000 8 - $ 8 , 000000 Additions - 4 - $ 262200600 2 - $ 50 , 000000 Multiple Family - 1 - $ 1 , 554 , 000000 ( Cornell University ( Student Housing ) Business - 1 - $ 2 , 467 , 292000 ( Medical. Office Bldg . ) Industrial - 1 - $ 20 , 000800 ( Therm , if c . ) Educational - 1 - $ 8 , 000 , 000 . 00 ( Ithaca College ) 1 - $ 75 , 000000 ( Cornell University ( Chemical Storage Bldg . ) Miscellaneous Construction - 4 - $ 22 , 000000 3 Garages - $ 37 , 800000 2 Pole Barns - $ 9 , 290 . 01 1 Carport - $ 61, 500 . 00 1 TV Dish - $ 600 . 0.0 2 Storage Bldgs . - $ 1 , 550 . 00 Total Number Permits Issued - 12 35 Total Construction Cost - $ 2133200400 $ 12 , 4383530 . 00 Total Fees Received - $ 350 . 00 $ 1 ) 520000