HomeMy WebLinkAboutTB Minutes 1986-02-10 TOWN OF ITHACA 'DOWN BOARD
FEBRUARY 10 , 1986
The Town of Ithaca Town Board met in regular session on
Monday , February 10 , 1986 , in Town Hall , 126 East Seneca Street ,
Ithaca ,. New York , at 5 : 30 p .m .
PRESENT : Supervisor Noel Desch , Councilwoman Shirley
Raffensperger , Councilman Marc Cramer , Councilman Henry
McPeak , Councilwoman Gloria Howell , Councilman Robert
Bartholf , Councilwoman Patricia Leary ( arrived late ) .
ALSO PRESENT : Town Attorney John C . Barney , Town Engineer Lawrence
P . Fabbroni , Town Highway Superintendent Robert E .
Parkin , Town Planner Peter M . Lovi , Town Assistant
Budget Officer Constance E . Allen , Tompkins County
Representative Beverly E . Livesay , Fred Yahn ( Ithaca
Journal ) , Ken Hughes (WHCU News ) , Deputy Town Clerk
Nancy M . Fuller ( as Recording Secretary) ,
Supervisor Desch declared the meeting duly cpened at 5 : 30 p .m.
and asked all present to join him in the Pledge of Allegiance .
NON AGENDA ITEM - Priorities , 1986
Councilwoman Shirley Raffensperger distributed copies of the
following Memorandum , stating that it was not for discussion at
this time , but for consideration at the time Priorities for 1986
are considered .
" TO : Noel Desch
Fran : Shirley Raffensperger
Re : Priorities , 1986
Date : February 7 , 1986
In addition to the priorities for 1986 already presented to
the Town Board , I would like to suggest the following additions .
Most fall within the area of planning and zoning .
1 ) reassessment of the cluster provisions in the subdivision
regs . Various proposals in 1985 , classified as cluster , varied
from the expectations of some Town Board and Planning Board members
as to the aims and permitted forms of clustered subdivisions . When
this happens , we need to make sure that the specific provisions and
the intent of the legislation are compatible .
2 ) any needed changes to make sure our occupancy regulations
are enforceable .
3 ) since the majority of the Town Board has chosen to make
changes in the present ordinance , as opposed to a more complete
revision , there are a number of "minor " changes I believe should be
considered as soon as possible , i . e . , definitions re rooming house ,
. boarding house , etc . and their possible extension re # 2 ; Section 4 ,
2b , R9 ; accessory apartment definition , change in 100 % number for
second dwelling unit on minimum sized lots , evaluation of 50 % rule
if lot size increased ; permitted uses ( reorganization of) business
districts ABODE; clarification of abandonment of use re lot sizes
reversion clause re rezoning with specific site plan ; Section 77 ,
7a , as it contains a presumption of ' harmony ' for all public and
educational buildings , use as outlined; and others .
I am aware that the Planning Board is proceeding with a draft
of a Comprehensive Plan and suggested revision to our SEQR law,
Town Board -2- February 10 , 1986
both of which I would list as priorities for 1986 .
I would appreciate the Town Board and planning staff receiving
a copy of these suggestions for discussion when the other proposed
priorities are considered . "
REPORT OF THE TOM SUPERVISOR - Noel Desch
1 . Annexation Matters
Supervisor Desch stated that it may be necessary to have
a special Town Board meeting in March to hold the necessary
public hearing to authorize the annexation of East Shore
properties from the City and to consent to annexation of the
• Tin Can property now in the Town by the City . Supervisor
Desch noted that the City , at its February 5th Canmon Council
meeting , adopted a resolution expressing its interest in the
annexation of the Tin Can ,
2 . Fire Master Plan
Supervisor Desch stated that the Joint Master Planning
Camni.ttee is nearing completion of its two years of work and
it is intended that the final report be available by the end
of February . Supervisor Desch stated that the report will
recommend a joint City /Town Ccmission that would have
oversight on the Fire Department operation , adding that the
Town representation would potentially be proportionate to its
contribution to the cost , for example , a 20% membership if the
Town ' s share of the cost were 20% .
Supervisor Desch , commenting that the big problem is the
high base cost of the City operation , stated that the Fire
Chief believes that the operation will need some additional
forty people , a large part of which would seem to consist of
paid staff . Supervisor Desch stated that this could drive the
annual budget from $ 2 , 800 , 000 . 00 to well above $4 , 000 , 000 . 00 ,
and , obviously , that would cause very severe increases in the
Town Tax Rate , that is , 200 % to 300 % , and drive us toward our
own volunteer operation . Supervisor Desch stated that
negotiations are expected to begin with the City on the
financial aspects of the potential joint agreement in March .
3 . Water/Sewer Billings
Supervisor Desch reported that the Town has just been
informed , by written notice , that the Tompkins County Trust
Company is getting out of the computer service business as of
June 1 , 1987 which , of course , will affect our Water and Sewer
billings and Payroll . Supervisor Desch stated , however , they
will continue to do payroll services but on a contract basis
with ADP of Syracuse at comparable rates . Supervisor Desch
stated that other alternatives are being investigated with
respect to Water and Sewer billings , adding that both the Town
and the City are affected . Supervisor Desch commented that
• more discussions will occur as to possibilities -- such as
in-house , utilizing our own conputer .
49 Deputy Receiver of Taxes
Supervisor Desch stated that , with Town Clerk Swartwood
out with the flu , the need to transfer tax money to avoid
having to break a Certificate of Deposit arose , Mrs . Swartwood
being the one authorized signator at the present time .
Supervisor Desch stated that , therefore , he would like to
propose that Mrs . Genevieve Miller be appointed Deputy
Town Board -3 - February 10 , 1986
Receiver of Taxes to enable the proper transfer of tax monies
in such instances .
RESOLUTION NO . 14
MOTION by Supervisor Noel Desch , seconded by Town Councilman
Marc Cramer :
RESOLVED , by the Town Board of the Town of Ithaca , that Deputy
Town Clerk Genevieve Miller be and hereby is appointed as Deputy
Receiver of Taxes for the Town of Ithaca .
There being no further discussion , the Supervisor called for a
vote .
• Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf .
Nay - None .
The MOTION was declared to be carried unanimously .
REPORT OF THE TOWN ENGINEER - Lawrence P . Fabbroni
Mr . Fabbroni reported that his Monthly Report , as well as
those of his staff in Planning , Zoning , and Engineering , had been
distributed to the Board members .
Mr . Fabbroni ' s report and those of Assistant Town Engineer
Robert Flumerfelt , Town Highway Superintendent Robert Parkin , Town
Planner Peter Lovi , Town Building Inspector Lewis Cartee , and Town
Parks Managers Susan Beeners and Richard Schoch , are attached
hereto and made a part of these Minutes .
With respect to the "Drainage" section of Mr . Fabbroni ' s
report , Supervisor Desch inquired of Mr . Fabbroni what the results
were of his inspection of the DeWitt Middle School retention pond
during peak runoff condition . Mr . Fabbroni , commenting that he saw
that in the middle of the night , stated that he has second-guessed
himself on this approach ever since it was done , however , he was
quite pleased . Mr . Fabbroni noting that , on Brandywine , there was
not too much increase , proceeded to describe the way the retention
pond functions in a " temporary" way so it does not allow water to
run right through the pond , commenting that it really holds a lot
of water in there , although it is not a " lake" effect . Supervisor
Desch wondered how full it gets , with Mr . Fabbroni responding that
it really is a "marshy " effect , not on Brandywine but in the pond ,
and adding that , to his knowledge , it would not be 5 ' to 6 ' .
Supervisor Desch commented that he could see other uses for such an
approach through the Town . Mr . Fabbroni agreed , adding that it is
a simple plan with no maintenance . Councilman Cramer wondered if
there had been any feedback from the adjoining neighbors . Mr .
Fabbroni stated that there had been more when we were building it
which was the most vulnerable point , adding that , all in all , it is
a nice design and the highway men had a lot to do with it .
With respect to the "Pine Tree Road Corridor " section of Mr .
• Fabbroni ' s report , Councilwoman Raffensperger asked Mr . Fabbroni
if , when it is completed and ready to go to the County , he will let
the Town Board know , with Mr . Fabbroni responding , certainly .
REPORT OF THE MW HIGHWAY SUPERINTENDENT - Robert E . Parkin
It was noted that Mr . Parkin ' s report is included in the Town
Engineer ' s report -- a part of these Minutes .
REPORT OF THE COUNTY REPRESENTATIVES
Town Board -4- February 10 , 1986
County Board Representative Beverly Livesay was present and
reported that the County Board hopes it is going to have an answer
this week on the matter of whether the Department of Social
services will be Downtown or not . Mrs . Livesay stated that there
will be a meeting tomorrow of the Committee as a whole and there
should be an answer known at that time .
Mrs . Livesay commented that she did not know how the Town was
dealing with the insurance problem . Supervisor Desch stated that
the Town does have coverage , and referred to the following analysis
which Assistant Budget Officer Allen had prepared , under date of
2 / 10 / 86 , for the Board and which was in their folders .
"Comparison - Town of Ithaca Insurance Costs 1985 - 1986
• T�pe 1985 1986 Amount of
Increase
Multi-Peril Policy 4 , 235 91922 5 , 687 up 134 %
Umbrella Excess Liability 4 , 950 19 , 800 14 , 850 up 300%
Business Auto 9 , 119 17 , 536 8 , 417 up 92 %
Inland Marine Policy 3 , 684 6 , 633 2 , 949 up 80 %
Computer Policy 638 685 47 up 7 %
Special Hauling Permit 100 100 ---
Workers ' Compensation 12 , 000 not known
Public Officers 6 , 800 not known "
Mrs . Livesay stated that County Administrator Scott Heyman had
put together quite a thing for the County , adding that a
sub-caT ittee is dealing with it this week , then the Budget and
Administration Committee will take a look next week . Mrs . Livesay
commented that Mr . Heyman has characterized it this week as
completely changing the way the County will deal with insurance .
Mrs . Livesay stated that there is some talk about assistance to
municipalities .
Mrs . Livesay reported that a sub -committee of the B & A
Committee is looking at a local law to be adopted by the County
Board to require Representatives to attend Town Board meetings and
commented that nothing has been done as yet but it will be looked
at further . Mrs . Livesay suggested that the Town of Ithaca Town
Board should have input . Supervisor Desch wondered what the source
of this might be . Mrs . Livesay responded that the " source" is
mileage for attending meetings , apparently , adding that she will
inquire further , and commenting that it is an interesting question ,
and further commenting that some Representatives do a more
conscientious job of attending meetings , it would seem . Supervisor
Desch asked if Mrs . Livesay had any idea of a time frame , with Mrs .
Livesay responding , over the next couple of weeks and adding that
she did not think anybody is going to do a big study on this . Mrs .
Livesay offered that the question would seem to be whether it is or
is not worth it . Mrs . Livesay pointed out that intergovernmental
relations is a little more sensitive and noted that the five City
Representatives are now going to City of Ithaca meetings on a
rotating basis . Mrs . Livesay reiterated that it is an interesting
• question .
Mrs . Livesay stated that she was a little bit hopeful that
this County Board is going to do something about the old County
hospital , adding that there is bound to be quite a bit more
activity one way or another up there . Supervisor Desch noted that
the Town Board has an Agenda item tonight having to do with roads .
Mrs . Livesay stated that that building will be filled probably over
the next few years , adding that there is a corrputer firm in there
now and , noting that there is also a resolution around for a couple
of County offices in there -- not the Department of Social
Town Board -5 - February 10 , 1986
Services . Mrs . Livesay stated that she was sure that some things
will fall in place .
CONSIDERATION OF APPROVAL OF BUDGET AMENDMENTS
Assistant Budget Officer Constance E . Allen stated that there
was but one amendment to the Budget to be considered in order to
properly account for some funds paid out in salaries . Mrs . Allen
drew the Board members ' attention to proposed resolution # 4 in
their meeting folders .
RESOLUTION N0 . 15
MOTION by Councilman Marc Cramer , seconded by Councilman Henry
• McPeak .
BE IT HEREBY RESOLVED , by the Town Board of the Town of
Ithaca , to properly account for salary paid to and FICA benefit
paid on behalf of Laura Bittner , Cornell University work Study
student , during January 1986 , THAT the following budget transfers
in the Federal Revenue Sharing Fund be approved :
$ 495 . 03 be transferred from CF5112 . 2 Burns Road - Capital
Outlay
to : CF5112 . 1 Burns Road - Personal
Services $ 462 . 00
CF9030 . 8 Employee Benefits -
Social Security $ 33 . 03 .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF STATUTORY DISABILITY INSURANCE FOR 'TOWN EMPLOYEES
Each of the Board members had before him/her a copy of the
following document , as prepared by Constance E . Allen , Assistant
Budget Officer , under date of 2 / 10/ 86 .
"Consideration of Statutory Disability Insurance for Town
Employees :
Many Town of Ithaca employees have requested disability
insurance and New York State Disability Insurance is available
through Boothroyd Agency ,
Cost :
Maximum cost - $3 . 40 /male per month - $ 653 /year
$ 6 . 90 / female per month - 580 /year
$ 1233 /year
• Maximum employee contribution-60 � /pay period ( 360 )
TOTAL ESTIMATED COST TO TOM $ 873 /year
Benefits :
There is a seven-day ( seven consecutive days ) waiting period
before benefits are available .
Pays 50 % of wages up to a maximum of $ 195/week .
Coverage is for 26 weeks but can sometimes be extended under
special circumstances . "
Town Board 46 February 10 , 1986
Supervisor Desch asked Mrs . Allen to speak to the matter of
disability insurance coverage before the Board . Mrs . Allen noted
that the Board had before it a cost breakdown and a brief
description of the benefits with respect to the proposal for
disability insurance coverage for Town employees . Mrs . Allen
pointed out that the Town has not had this benefit up to now,
adding that it is not required by law. Mrs . Allen stated that the
costs for this proposed coverage have been looked into and appear
to be minimal . Mrs . Allen , commenting that the benefits are basic ,
not large , however , better than nothing , stated that she was
presenting this matter for the Board ' s consideration at this time .
Supervisor Desch , commenting that for some time the Town has
been looking for ways to develop a package of disability insurance
• and adding that any more representative coverage costs were very
high , stated that we have not been able to coma back with anything
better than this proposal now before the Board . Supervisor Desch
offered that he thought that both the City and the County had
disability insurance coverage for employees , with Mrs . Allen
responding that she knew the Village of Cayuga Heights did have
this benefit . Town Attorney Barney questioned the disparity
between the estimated costs for male and for female employees .
Councilman Cramer wondered if the cost shown meant $ 873 . 00 per
year , per employee . Mrs . Allen stated that the $873 . 00 is the
total estimated cost to the Town per year , not per employee , per
year .
RESOLUTION NO . 16
MOTION by Councilman Marc Cramer , seconded by Councilwoman
Gloria Howell :
RESOLVED , that the Town Board of the Town of Ithaca approve
and hereby does approve participation by Town of Ithaca employees
in a program for Statutory Disability Insurance coverage , such
program to become effective March 1 , 1986 , with employee
contribution toward the premium cost to be the maximum allowed by
applicable law , currently sixty cents ( 60G ) per pay period .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF APPROVAL OF FLOATING HOLIDAY FOR 1986
Mrs . Allen reported that the majority of the Town employees
chose the day after Christmas , Friday , December 26 , 1986 , as their
choice for the 1986 floating holiday , with Good Friday being the
second most favored choice .
RESOLUTION NO , 17
MOTION by Councilman Henry McPeak , seconded by Councilwoman
Shirley Raffensperger :
WHEREAS , the majority of the Town of Ithaca employees favored
Friday , December 26 , 1986 , to be used for the Floating Holiday for
1986 ; '
BE IT , THEREFORE , RESOLVED , that December 26 , 1986 , be
designated a Holiday for the Town of Ithaca employees .
Town Board -7- February 10 , 1986
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf .
Nay - None .
The MOTION was declared to be carried unanimously .
Councilwoman Leary arrived .
CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE REVENUE
SHARING ALLOCATION
The following proposal , dated 2/ 10 / 86 , was before the Board .
'
• PROPOSED FEDERAL REVENUE SHARING BUDGET AMENDMENT
WHEREAS , official notification from the Off ice of Revenue
Sharing has been received regarding the exact amount of the
Federal Revenue Sharing Entitlement # 17 allocation to be
received by the Town of Ithaca during 1986 AND WHEREAS , the
amount to be received exceeds the amount estimated in the 1986
budget by $12 , 719 , the following budget amendment is hereby
proposed
Increase Estimated Revenues by the following amounts .
Federal Revenue Sharing allocation $ 12 , 719
Appropriated Fund Balance 2 , 281
Total increase in FRS Est . Revenues &
Appropriated Fund Balance $ 15 , 000
Following is the proposed use of the $15 , 000 increase in
Federal Revenue Sharing estimated revenues :
Replace Building Inspector car $ 8 , 000
Purchase additional printer for Displaywriter
to be located on first floor of Town Hall and
photocopier to be located on second floor of
Town Hall 4 , 000
Additional allocation for records preservation 31000
Total proposed use of additional FRS revenues $ 15 , 000 "
Supervisor Desch recalled that when the Board approved Revenue
Sharing , there was a 75 % allocation to replacement of the Building
Inspector ' s auto mobile . Supervisor Desch stated that we now find
that , for this last authorization period , the Town will be getting
8 . 4 % less than it has received each year of the previous
entitlement periods which gives us a total of $ 77 , 719 for this
year , with $ 65 , 000 budgeted . Supervisor Desch pointed out that the
proposed budget amendment before the Board spells out the items .
Supervisor Desch stated that Town Planner Peter Lovi has done an
analysis of the question of purchasing a second IBM Displaywriter
System Printer to be located on the first floor and a photocopier
for the second floor . Supervisor Desch stated that the dollar
number recommended in Mr . Lovi ' s analysis is below the $3 , 000 shown
on the proposal for budget amendment . Mr . Fabbroni pointed out
that the proposal shown is $4 , 000 and Supervisor Desch agreed .
Supervisor Desch suggested , with respect to the car for Mr .
Cartee , copies of proposed specifications for which , he thought ,
the Board members had in their folders , and which included such
Town Board 1 -8- February 10 , 1986
items as -- Four-Door Sedan , Power Steering , Power Brakes , Front
Wheel Drive , Rear Window Defroster , Automatic Transmission ,
Four-Cylinder -- 1 . 5 Litre Engine , AM/ FM Radio -- that the Board
should go forward and authorize bidding , providing it approves the
proposed budget amendment now before it . With respect to the
printer and records ' preservation allocation , Supervisor Desch
noted that specifics will be required , commenting that it may well
be that the two numbers available for that will be enough .
Supervisor Desch stated that he felt the wording of the proposed
resolution was sufficient to allocate the revenue sharing funds ,
adding that , in any case , these would be the priorities .
Supervisor Desch stated that the matter was open for
discussion and asked if there were any comments . Mr . Fabbroni
• suggested that , as specific as the second item reads , Mr . Lovi ' s
analysis should enhance it . Supervisor Desch offered that that is
one reason why he wanted to hold off , adding that there will be
plenty of opportunities to do just that . Mr . Fabbroni stated that ,
as far as Mr . Cartee ' s specifications go , he (Fabbroni ) thought
they needed a little more refinement to serve as a bid package .
Supervisor Desch agreed , commnting that the main thing is the
technicial aspects . Supervisor Desch pointed out that the question
is one of allocating funds , and stated that we are talking about
the amendment , which is $15 , 000 , and the breakdown .
RESOLUTION N0 , 18
NDTION by Councilman Marc Cramer , seconded by Councilman Henry
McPeak 0
WHEREAS , official notification from the Office of Revenue
Sharing has been received regarding the exact amount of the Federal
Revenue Sharing Entitlement # 17 allocation to be received by the
Town of Ithaca during 1986 , and
WHEREAS , the amount to be received exceeds the amount
estimated in the 1986 budget by $ 12 , 719 . 00 ;
NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town
of Ithaca , that the following Budget Amendment be and hereby is
made :
Increase Estimated Revenues by the following amounts :
Federal Revenue Sharing Allocation $12 , 719000
Appropriated Fund Balance 2 , 281 . 00
Total increase in Federal Revenue Sharing Estimated
Revenues and Appropriated Fund Balance $15 , 000 . 001
and ,
FURTHER RESOLVED , that the $15 , 000 . 00 increase in Federal
Revenue Sharing estimated revenues be and hereby is allocated as
follows :
• Replacement of the Building Inspector ' s automobile- $ 81000000
Purchase of an additional printer for the Displaywriter
to be located on the first floor of 'Town Hall and a
photocopier to be located on the second floor of
Town Hall - $ 41000000
Additional allocation for records preservation - $ 3 , 000 . 00
Town Board -9- February 10 , 1986
Total use of additional Federal Revenue Sharing
Revenues - $ 15 , 000 . 00
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
Supervisor Desch asked Councilman Bartholf to read the
proposed specifications for the Building Inspector ' s automobile .
• Supervisor Desch asked if a 1 . 5 litre engine is enough , noting that
his car covers a lot of miles . Both - Superintendent Parkin and
Councilman Bartholf stated that it depends on the manufacturer and
noted that Chevys are 1 . 5 and Chryslers are 2 . 2 to 2 . 5 .
Superintendent Parkin suggested a test drive . Mr . Fabbroni offered
that the Chevette is really not appropriate -- its height , for
instance , but , it has given its all . Supervisor Desch asked
Councilman Bartholf if he would be willing to talk with Mr . Cartee
and Mr . Fabbroni about this , with Councilman Bartholf responding ,
yes . Mr . Fabbroni stated that he would like to have rustproofing
added , commenting that they want to beef up the specifications a
bit . Supervisor Desch suggested that a spare tire be included
also , noting that there may be other items too .
CONSIDERATION OF THE AUTHORIZATION OF A CREDIT OF ONE UNIT OF MTER
AND ONE UNIT OF SEWER FOR EDWARD DUBOVII BURLEIGH DRIVE
Supervisor Desch stated that the Edward Dubovi property , 106
Burleigh Drive , was charged 1 . 0 units for full Water Benefit and
1 . 0 units for full Sewer Benefit , however , only 28 feet of the
property is in the Town , Town of Ithaca Tax Parcel No .
6-72-1-1 . 203 , with the house and the bulk of the property in the
Village of Cayuga Heights ,
RESOLUTION NO . 19
KYTION by Supervisor Noel Desch , seconded by Councilman Marc
Cramer :
WHEREAS , the Edward J . and Robin A . Dubovi residence fronts on
Burleigh Drive ( 106 Burleigh Drive) with water and sewer utilities
wholly within the Village of Cayuga Heights , although their
property extends into the Town of Ithaca 28 feet (Town of Ithaca
Tax Parcel No . 6-72 -1 -1 . 203 , and
WHEREAS , unlike properties fronting on Lexington Drive West
served by utilities in the Town of Ithaca , Mr . and Mrs . Dubovi were
incorrectly charged 1 . 0 sewer unit and 1 . 0 water unit ;
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town
of Ithaca to refund 1 . 0 sewer unit , $ 50 . 00 , and 1 . 0 water unit ,
• $ 54 . 00 .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
ASSISTANT TOWN ENGINEERS MONTHLY REPORT
JANUARYJ1 , 1986 to FEBRUARY 10 ; 1986 .
Robert R. Flumerfelt , P . E .
1 . Forest Home Drive
a . Road reconstruction and drainage . design complete ,
il removed and manhole frames and .
b . Existing guard ra
covers removed by City of ithaca crews preparatory
to milling off old pavement surface and removal of
old roadway base materials .
cr Drainage pipe and gab
ion baskets for retaining walls
ordered and received .
d . Negotiations proceeding with Cornell University . for
relocation ( setback ) of existing street lighting
poles and for their furnishing guard railing from
existing stock .
2 . 1985 Water Improvements - - Phase II
a . Preparation of " As Built " drawings . approximately 50 %
complete .
30 Park Lane Extension
a . Proposed plans and cross - sections for relocation of
existing 10 " gas main presented to NYSE & G .
RRF / nf '
2 / 10 / 86
TOWN HIGHWAY SUPERINTENDENT ' S MONTHLY REPORT
JANUARY 13 , 1986 to FEBRUARY 10 , 1986
Robert E . Parkin
-,The majority of the month was spent on Plowing and Sanding
- - Cindered 19 times ; Plowed 16 times
Forest Home Drive - - Place and Fill Gabions
Burns Road # 2 - - Contractor Hauling Fill_ from Cornell.
- - We had Flagman ; Mani to dump trucks ; and , I)OZer
Operator to level Fill
- Miscellaneous - - Clean Snow from Catch Basins and Grates
- - Clean Sidewalks on Bridges
- - Repair Mail Boxes
- - Remove Dead Trees on Elm Street Ext .
- - Construct Gabions at Shop
- Completed Hauling in Sand for 186 - 187 Season for Road Sanding
REP / nf
2 / 10 / 86
BUILDING INSPECTOR ' S MONTHLY REPORT
FEBRUARY 1986
Lewis D . Cartee _.
1 . Town of Ithaca Building Permits issued - - 6
Construction Cost - - $ 195 , 000 . 00
Fees Collected - - $ 240 . 00
2 . Town of Ithaca Zoning Board of Appeals - - See Attached
3 . Water Permits issued - - 2
Fees collected - - $ 300 . 00
4 . Sewer Permits issued - - 1
5 . Certificates of Compliance issued - - 1
6 . Town of Ulysses Building Permits issued - - 0
Certificates of Compliance issued - - 0
7 . Village of Trumansburg Building Permits issued - - 2
Construction Cost - - $ 125 , 000 . 00
Fees Collected - - $ 140 . 00
Certificates of Compliance issued - - 0
LDC / nf
3 / 10 / 86
REPORT OF THE TOWN PLANNER : February 10 , 1986
COMPREHENSIVE PLANNING
. Planning Board discussion : Town of Cazenovia Land Use Guide
Planning Board discussions " iJpdating the Master Plan
Planning Board discussion : DEC proposed amendments to SEQRAI
Field trip to review land use mapping projects at CLEARS.
ZONING ORDINANCE
Consideration of revisions to the Trailer Park Amendment to
the Zoning Ordinance and a recommendation to the Town Board ..
Questions for the ZBA *and Town Attorney concerning Article
III , Section �4 , * number 2b of the Zoning Ordinance .
Staff work and preliminary recommendations in re McMinn
decision and alternative Befamily " definitions .
SYSTEMS ANALYSIS
Purchase of Engineering computer system . .
Evaluation of proposal to purchase extra printer , electronic
typewriter , computer communications and office copier .
Installation of Town Court computer system and software ,
Staff work with TC3 . student interns on AutoCad applications ,
Field trip to review CAD system at Hunt Engineers ,
SUBDIVISIONS AND SITE PLANS
Consideration of Final Subdivision and Site Plan Approval
for an 85 - unit clustered subdivision at 131 Honness Lane ,
Consideration of Final Subdivision Approval for a 2 - lot
subdivision at 327 Coddington Road ,
Consideration of Final Subdivision Approval for a 2 - lot
subdivision at 1478 Mecklenburg Road ,
Consideration of Final Subdivision Approval for a 2 - lot
subdivision of 119 Honness Lane and recommendation to the
Zoning Board of Appeals that a variance be granted pursuant
to Section 280 -a of Town Law to permit . development of a lot
not fronting on a . public street .
Staff review of 20 - lot subdivision off Woolf Lane .
Staff review of 2 - lot subdivision and recreational facility
off East King Road ,
MEETINGS / CONFERENCES
Phil Prujanski , Tim Colbert , Tom Colbert to discuss Multiple
Residence development at former " Koppers " site .
Land Use Trends Conference in White Plains ,
SEQR Conference in Albany ,
Fire Protection Master Planning Committee meetings and staff
work .
Airport Master , Planning Committee meeting ; review of Cornell
Industrial Research Park ,
Meeting with Richard Atkins concerning commercial
development on Danby Road .
Meetings with Cornell University concerning new equitation
facility and cogeneration project ,
Meetings with Stewart Knowlton to discuss hovel development
in East Hill Plaza ,
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Town Board -10 - February 10 , 1986
CONSIDERATION OF THE NOMINATION OF DR . RICHARD B . FISCHER AS THE
TOWN REPRESENTATIVE TO THE ENVIRObIl qM MANAGEMENT COUNCIL
Supervisor Desch stated that the Board members had before them
a proposed resolution with respect to the Town ' s representative on
the EMC .
RESOLUTION NO . 20
NDTION by Councilwoman Shirley Raffensperger , seconded by
Councilman Robert Bartholf :
WHEREAS , a Town of Ithaca representative is nominated by the
Town Board to the Environmental Management Council of Tompkins
• County , and
WHEREAS , Dr . Richard B . Fischer has served very knowledgeably
and in a dedicated fashion for several years ;
NOW , THEREFORE , BE IT RESOLVED that the Town Board of the Town
of Ithaca nominates Dr . Richard B . Fischer to continue as the Town
of Ithaca representative to the Tompkins County Environmental
Management Council .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
SCHEDULE TOWN BOARD MEMBERS ' ATTENDANCE AT PLANNING BOARD MEETINGS
After discussion , it was determined that the following would
be the dates for the Town Board members indicated to attend the
\ Planning Board meetings .
March 4 , 1986 — Noel Desch ,
March 18 , 1986 — Marc Cramer .
April 1 , 1986 — Patricia Leary ,
April 15 , 1986 — Robert Bartholf ,
May 6 , 1986 — Shirley Raffensperger ,
May 20 , 1986 — Gloria Howell ,
June 3 , 1986 — Henry McPeak ,
June 17 , 1986 — Patricia Leary ,
CONSIDERATION OF 1986 PROPOSALS FOR RESOLUTIONS -- NEW YORK STATE
ASSOCIATION OF TOMS
The following document was before the Board .
" 1986 Proposals for Resolutions
Reported by the Resolutions Committee
• State Shared Revenue : The two-year revenue sharing and needs based
program used the 1980 population census and other current data and
recognizes the special needs of local governments . A permanent
state aid plan must be adopted that includes reasonable annual
growth , local needs , use of current population and other relevant
factors .
Municipal Tort Liability Reform : Local government exposure to
liability is vast because of numerous local services and
activities . High jury awards and exorbitant insurance costs result
Town Board -11 - February 10 , 1986
in a financial burden on local taxpayers . The joint/ several
doctrine further compounds this situation . Relief is needed
through tort reform , including repeal of joint/ several , regulation
of insurance premiums , caps on awards and elimination of jury
trials .
Evidence in Certiorari Proceedings : Use of residential sales to
establish a ratio of assessment in certiorari proceedings involving
nonresidential property , distort the ratio . Selection of parcels
for appraisal for such purpose must be made at random in order to
provide a statistically sound method . 1985 legislation
accomplishing these objectives expires in June of 1986 , and must be
made permanent .
• Veterans Exerrpti.on Financing : This Association supports
appropriate veterans benefits for all veterans . Current state
policy of real property tax exenptions benefits only property
owners . It is urged that a state financed plan be designed to
provide benefits to all veterans , including non-property owners .
Court Fee Reimbursement : Town courts provide litigants with access
to justice at reasonable cost . Real Property taxpayers fund these
court operations . State reimbursement fees for adjudicating state
statutes have not been increased in over 40 years . It is urged
that the $ 5 . 00 fee be increased to at least $10 . 00 .
Solid Waste Disposal : Solid waste disposal requires proper
resource recovery technology and up-to-date management techniques .
Site selection , preparation and closure are costly . Unavailability
of insurance for this activity compounds the problem . Reasonable
standards , state financial and technical assistance and
participation of the private sector are components of a solution .
It is , therefore , urged that the state : develop reasonable
standards , offer greater technical and planning support for
creating disposal facilities , limit local liability resulting from
operation thereof , allocate more state funds and exempt local bond
issues for such purpose from the limits of IDA bonding .
Four Year Term for Supervisor , Superintendent of Highways and Town
Clerk : This Association does not oppose a four-year term for such
town officers when adopted by home rule principles . Many towns
have done so , while in others the voters defeated similar
propositions . This Association will support state legislation
authorizing ( 1 ) a town board , after a public hearing , to adopt a
resolution subject to permissive referendum , setting a four-year
term for such officers and ( 2 ) a petition procedure requiring the
town board to hold a public hearing on whether such a resolution
should be adopted .
ASSOCIATION ' S CONSTITUTIONAL ANENDmEN`I'
The following amendment to Section 2 (b) of Article VII of the
Association ' s Constitution was submitted in writing at the 1985
• Annual Meeting , referred to the Resolutions Committee and reported
by such Committee for action at the 1986 Business Session :
Article VII , Section 2 (b) Resolutions Committee .
i
No resolution shall be considered or acted upon at any
meeting of the Association unless such resolution shall have been
filed with the executive secretary at least [ ten] fifteen days
before such meeting and favorably reported by the oarmuttee on
resolutions , at the business session of such meeting . "
Town Board -12- February 10 , 1986
Supervisor Desch stated that the purpose of this discussion by
the Board is so that the official delegate of the Town of Ithaca to
the Association of Towns meeting in New York City votes the
pleasure of the Board .
After brief discussion , it was determined that the " State
Shared Revenue " proposal was acceptable .
With respect to the "Municipal Tort Liability Reform"
proposal , Town Attorney Barney stated that the "elimination of jury
trials " aspect bothered him significantly . County Representative
Livesay offered that the reasoning she has heard is the fear that
Juries give big awards because , it appears , they see municipalities
as a bottomless pit of revenues . Mrs . Livesay spoke of the State ' s
• reversal of sovereignty and towns acting as a court of claims for
State claims , and of municipalities feeling that there should be
the same sort of thing for them -- a similar body . Town Attorney
Barney wondered , with respect to jury trials , if anybody in the
Association had done a study of the kinds of awards the State court
of claims gives out . Town Attorney Barney spoke of the danger of
bias on this and spoke of only one judge involved in the court of
claims as , perhaps , equally biased . Mrs . Livesay inquired how many
judges were involved at the Court of Claims , with Town Attorney
Barney responding, one . Supervisor Desch asked if it were the wish
of the Board to raise a concern at the Association meeting about
only that aspect of this item .
Councilwoman Raffensperger wondered about the Board ' s and the
Town Attorney ' s feelings cn " caps on awards " . Town Attorney Barney
stated that he had difficulty with that as well , and described a
situation , using himself as an example , where he could have beccne
a quadriplegic for the rest of his life , and asked , who among us
could put a cap on that sort of situation ? Mrs . Livesay stated
that New York is one of two states that does not have a cap.
Supervisor Desch stated that he thought there should be some sort
of reasonable cap. It appeared that the proposal with respect to
Municipal Tort Liability Reform would be supported by the official
delegate of the Town -- with certain reservations or concerns to be
expressed .
With respect to both the "Evidence in Certioria Proceedings "
proposal and the "Veterans Exemption Financing" proposal , it was
the Board ' s consensus that they were supportable , it being noted
that the Veterans Exemption Financing proposal covered the entire
spectrum of veterans .
With respect to the "Court Fee Reimbursement" proposal , it was
agreed that an increase in State reimbursement fees was long
overdue .
Referring to the "Solid Waste Disposal " proposal , Councilwoman
Raffensperger pointed out that they do not say that the State
determines the site , so , she would vote " yes " . Supervisor Desch
pointed out the use of the word " reasonable " in the proposal . It
was determined that this proposal was acceptable .
• The Board now turned to the proposal with respect to a
" Four-Year Term for Supervisor , Superintendent of Highways and Town
Clerk " . Supervisor Desch noted that the suggestion is for two ways
to accomplish such -- one by resolution subject to permissive
referendum , one by petition procedure . Discussion followed as to
the meaning of this proposal with respect to first class and second
class Towns , with Mr . Lovi speaking of land use laws . It appeared
that the Board determined that the proposal with respect to
four-year terms was acceptable .
Town Board -13- February 10 , 1986
After discussion with the Town Attorney , it was determined
that the proposal with respect to the amendment of the
Association ' s Constitution was acceptable .
Supervisor Desch stated that Councilwoman Shirley
Raffensperger was the Official Delegate to the Association of Towns
meeting representing the Town of Ithaca .
REVIEW OF THE STATUS OF THE ACCESS TO THE HOSPITAL
-- AND
THE 00NSIDERATION OF AUTHORIZING THE SUPERVISOR AND THE TOWN
ENGINEE:ER TO OBTAIN APPRAISAL OF THE HOSPITAL ACCESS ROAD
Town Engineer Fabbroni distributed copies of plans to the
• Board members and stated that he would run the matter through one
more time even though he had done that last month . Stating that he
would commence by orienting the Board , Mr . Fabbroni pointed out
that Route 96 , Trumansburg Road , is right at the edge of his map
" here " [ indicating ] and the current entrance to the Hospital is
"here " [ indicating] which feeds to the new parking area of the
Hospital building . Mr . Fabbroni pointed out that the new addition
to the hospital is where "that " [ indicating] Wing D was torn down
as well as a portion of Wing C . Mr . Fabbroni stated that this
whole access plan concept really started back a long time ago and
came to fruition first when the Tompkins County Professional
Building came in for an addition to their complex almost two and a
half years ago . Mr . Fabbroni recalled that the Planning Board
reviewed the matter at that time and , even with all the
uncertainties of Route 96 , the Professional Building has always
been hoping for a second access -- especially in the winter where
you cannot control the elements . Mr . Fabbroni stated that if you
consider the possibility of Route 96 coming up at some point in
history in the alternatives being discussed , "3 " would terminate on
Hayts Road opposite the Professional Building complex . Mr .
Fabbroni commented that it would be even more hazardous to have all
this occuring at a divided lane or median farther on down , and that
more than likely there would be some division from " this"
[ indicating ] point on . Commenting on great transition zoning , Mr .
Fabbroni stated that , so , the Planning Board , as part of their
approval , required that a second access be developed if the
provisions with the adjacent owners could be worked through with
the Town so they were not left with the burden of providing a
highway . Mr . Fabbroni recalled that the Professional Building
Corporation had , indeed , entered a $ 25 , 000 bond toward that
construction of a second access , and , about a year thereafter the
Hospital came in with the concept of the Medical Services Building
presently under construction and the Planning Board dealt with that
matter in the same way . Mr . Fabbroni stated that there have been
meetings after meetings after meetings on which he has reported to
the Board . Mr . Fabbroni reminded the Board about the plans for
"Lake Shore West" at that time which also had some sort of access
under consideration , however , that project fell through .
Reiterating that the Hosptial came along , Mr . Fabbroni stated that
now there is a $25 , 000 bond toward the construction of better
circulation to that site , other than as existing through the
Parking lot . Mr . Fabbroni stated that the County has been asking
• the Town to take over " this " [ indicating ] parking lot as a Town
highway , adding that our immediate response was -- it is a parking
lot , not a highway . Mr . Fabbroni stated that, then , they care up
with a scheme of one of " those " [ indicating] as a highway -- a
separate scheme as a highway , maintained as a highway not a parking
lot , not necessarily built to handle traffic loads on it . Mr .
Fabbroni stated that now the County has talked about utilities also
at the same time , commenting that it has bogged down there the
most , and further commenting that if we are a little more flexible ,
certainly , on utilities , they would have the $25 , 000 . Mr . Fabbroni
Town Board -14- February 10 , 1986
stated that more recently , maybe , the County would do the balance
of the work not to exceed $25 , 000 in order to make this work along
the existing entrance to the portion that must become a road , that
is the portion beyond Biggs and adjacent to the "H " Building where
the Health Department is . Mr . Fabbroni pointed out that , when
done , the County would ask the Town to take over a portion of the
new road and " that" road [ indicating the area near Indian Creek] as
a Town highway . Rhetorically , Mr . Fabbroni asked , "Why? " , and
stated that there are properties "here " [ indicating] which are
landlocked -- as the problem is analyzed -- ( 1 ) rear acreage for
all intents and purposes is landlocked ; ( 2 ) another fronting on
Trumansburg Road ; ( 3 ) some of the County property -- and which , as
time goes on , should be serviced with additional circulation roads
to serve whatever might develop -- whether single family residences
or expansion of the medical facilities complex , we do not know.
Mr . Fabbroni stated that what we have done , based on logic , etc . ,
is come up with more or less a "medical office park" type of
complex which would service the Professional Building , the Hospital
addition , and whatever the uses of the Biggs Building may be , and
would service the "H " Building , and would make some sense in terms
of Town commitment to a "new" facility rather than a takeover . Mr .
Fabbroni pointed out that what you see , in the smaller drawing
[ indicating ] is a much more detailed design of the project — from
the existing Hospital entrance to , at least , the point that would
serve the new Hospital addition , and also pointed out roadway "A"
into the Professional Building parking area . Mr . Fabbroni noted
that on " this " larger drawing [ indicating] , roadway "A" extends to
a 30-foot strip south of the Hall property into the Hospital area ,
there being roughly on the order of 200 feet on the Hall property
before you get into the Professional Building property . Mr .
Fabbroni noted that roadway "B " [ indicating] anticipates the best
location from everybody ' s standpoint , commenting that the initial
choice was in "this " area at a much more difficult grade than he
would like to have go into the Professional Building , and further
commenting that it was not hard to convince them to go into another
place .
Supervisor Desch inquired about the slope , with Mr . Fabbroni
indicating on the drawing where the slope is 5% and where it is 7 % .
Mr . Fabbroni commented that , as the Hospital chooses , they could
extend out [ indicating] and bring the slope back to 5% . Supervisor
Desch spoke of the long-term , future , implications , and Mr .
Fabbroni referred to the earlier Lake Shore West project ,
indicating that it would be approximately in that area where this
would tie into that existing roadway . Mr . Fabbroni stated that ,
once operational , these separate entities [ indicating] fit into
these "pods " so there would be no raceway through the parking lot .
Councilwoman Patricia Leary wondered if there were any
provision for walking , with Mr . Fabbroni responding that sidewalks
are in place there now . Councilwoman Leary commented that right
now people walk either through the woods or on the highway . Mr .
Fabbroni stated that there is no reason they could not do
differently . Councilwoman Leary commented that a road between the
Professional Building and the Hospital especially would be nice
• either way .
Supervisor Desch asked how much alteration of the parking is
involved , further asking if it were localized around those little
stubs [ indicating] . Mr . Fabbroni stated that the Hospital is now
having to redo its parking scheme in the entire area of the
physicians ' parking lot , and , indicating a fill area , another
parking area , and the changed access point , commented that the
grade will be all changed . Mr . Fabbroni noted that this is all to
fit the need for additional parking , commenting that they got into
sort of philosophical things such as drop-offs to the clinic , in or
I
Town Board -15- February 10 , 1986
out here and there , emergencies , etc . , and pointing out a severed
emergency only entrance . Mr . Fabbroni again asked rhetorically how
this ties into the Hospital and spoke of three alternatives noting
the perpendicular tie-in to each designed to come in just below
" this " [ indicating] divided entrance . Mr . Fabbroni pointed out the
distance of 250 feet . Councilman Bartholf inquired as to there
being an overhead , with Mr . Fabbroni responding and describing an
at-grade signalized intersection and commenting that these
preliminary plans have been asked for for the Final Environmental
Impact Study which is being updated . Mr . Fabbroni stated that his
point is that it will stand on its own forever , or , can easily
occur without affecting 100 feet of what would be done now to
connect that old road and the new road . Supervisor Desch commented
that previous actions have committed the Town to this summer , with
• Mr . Fabbroni offering that it would be sooner than that -- as soon
as the frost is out of the ground . Mr . Fabbroni stated that the
Town ' s role is more of coordinating and stake out with one of the
private entities taking the construction facet and the Town being
the manager with no physicial involvement beyond a managing-type of
role . Mr . Fabbroni stated that the Halls have been approached ; he
has been over the Hall property with a person able to walk the
property . Mr . Fabbroni noted that there has not been much
movement , adding that he has asked the Supervisor to try it again
with a different face .
Mr . Fabbroni stated that , tonight , he is asking for a friendly
go-ahead and an appraisal , adding that if a taking is necessary he
will ask for a more legally-framed proposal .
Councilwoman Raffensperger noted that Mr . Fabbroni had
mentioned that the County might be involved financially if the Town
were flexible on utilities , adding that this is the first time she
has heard this , and asking how much this will cost . Supervisor
Desch responded that he and Mr . Fabbroni have a number of ideas ,
adding that the current format is not acceptable . Mr . Fabbroni
offered that what the County does beyond this point does not
impinge on what the Board is about to decide but , yes , a balance on
the Halls would be needed . Councilwoman Raffensperger stated that
she just wanted to express her concern on this matter of
flexibility .
County Board Representative Livesay asked Mr . Fabbroni with
whom he was dealing at the County , with Mr . Fabbroni responding
that they have dealt with everybody -- Commissioner Liguori and so
on . Mrs . Livesay wondered with whom he was dealing currently , with
Mr . Fabbroni responding that he did not know about that over the
last two months , adding that he was essentially dealing with a
minor cast . Mrs . Livesay noted that there have been changes on the
County Board and it is talking about policy changes . Mr . Fabbroni ,
commenting that with all the changes , it is not over until it is
over , stated that there have been very positive discussions , again ,
from questions about subdividing land to "yes , this is a good idea
and needed for each one of these activities " , which , he noted , is a
quantum jump in progress .
• Supervisor Desch stated that he thought all would agree that
this is the best solution to the whole problem , noting that Route
96 is not compromised . Supervisor Desch pointed out that the Board
had a proposed resolution before it .
RESOLUPION NO . 21
MDTION by Supervisor Noel Desch , seconded by Councilman Marc
Cramer :
WHEREAS , the Town Engineer has met with the property owner
Town Board -16- February 10 , 1986
whose perimeter acreage is required to obtain Town Highway access
to the general Hospital area , with no positive agreement, and
WE]REAS , the Town Supervisor will , as a courtesy , initiate
another meeting to discuss the plans , as designed , to ascertain if
there is any change in the owner ' s willingness to provide such
land ;
NOW , THEMMRE , BE IT RESOLVED by the Town Board of the Town
of Ithaca that the Town Supervisor and Town Engineer be authorized
to procure a land appraisal of the private property necessary to
such improvement with such appraisal to be , at the Supervisor ' s
option , in such detail as may be needed to institute eminent domain
proceedings .
• There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
PERSONS TO BE HEARD
Supervisor Desch asked if there were anyone present who wished
to speak . No one spoke .
DISCUSSION OF REVISED DRAFT OF MOBILE HOME ANENT TO THE ZONING
ORDINANCE
Supervisor Desch stated that Town Planner Peter M. Lovi would
be speaking to this matter having to do with comments on the Mobile
Home Draft Amendment .
The following Resolution unanimously adopted by the Planning
Board at its February 4 , 1986 meeting was under discussion .
" MOTION by Mrs . Carolyn Grigorov , seconded by Mr . David
Klein :
WHEREAS , the Town of Ithaca Planning Board has
recommended an amendment to the Zoning Ordinance
permitting the establishment of trailer parks in the
Town of Ithaca , and
WHEREAS , at its Public Hearing on December 9th the Town
Board tabled consideration of the Local Law to amend
the Zoning Ordinance as it pertains to Mobile Homes ,
and
WHEREAS , the Town Board indicated that additional
restrictions on residential occupancy and subdivision
of parks were necessary ;
. NOW , THEREFORE , IT IS RESOLVED by said Planning Board
that the proposed Local Law to amend the Zoning
Ordinance as it pertains to Mobile Homes be revised as
follows :
i . To number 36A of Article I , Section 1 be added the
following sentence : ' A mobile home shall be
considered a one - family dwelling for purposes of
determining permitted occupancy . '
Town Board -17- February 10 , 1986
2 . To Section 3F be added the following sentence :
' No alteration , amendment , change , or subdivision
of a trailer park site plan is permitted without
approval of the Town Board , following Planning
Board site plan review . '
AND FURTHER RESOLVED that the Planning Board recommend
and hereby does recommend the adoption of this revised
Local Law by the Town Board .
Aye - May , Grigorov , Klein , Langhans , Baker .
Nay - None . "
Mr . Lovi stated that , at its meeting on the 4th of February ,
• the Planning Board passed this short resolution which recommended
that some language be added to the draft resolution which was at
the Town Board ' s December 9th meeting . Mr . Lovi , noting that there
were two questions involved -- ( 1 ) occupancy in a mobile home park ,
and (2 ) restrictions on subdivision of land in a mobile home park
-- stated that he had suggested some language which the Planning
Board approved and recon ended to the Town Board . Referring again
to question ( 1 ) , Mr . Lovi stated that on the question of occupancy
he suggested that a sentence be added such that a mobile home be
considered a one- family home for the purpose of occupancy.
Referring again to question ( 2 ) , Mr . Lovi stated that , on this
second question concerning a potential for subdividing , we all
understand , with respect to a trailer park under the jurisidiction
of the same entity , that "No alteration , amendment , change , or
subdivision of a trailer park site plan is permitted without
approval of the town board , following Planning Board site plan
review . " Mr . Lovi concluded , noting that the resolution was passed
and moved on to the Town Board .
Supervisor Desch pointed out that were this resolution xeroxed
and distributed , then , if it is acceptable , it may be appropriate
to set a public hearing in March .
Councilwoman Raffensperger , coimenting that the Planning Board
resolution pretty much includes the provisions that the Town Board
asked the Planning Board to consider , inquired if there were any
reason why the Town Board could not set the Public Hearing now .
Town Attorney Barney stated that he did not have the language
before him , adding that he thought there should be some language
about °'two steps " , and expressing his concern about de minimus
changes , such as moving storage space over two feet , requiring Town
Board approval after Planning Board site plan review. Supervisor
Desch wondered if the Town Board really wanted to get into site
plan approval , asking how we got to this policy change and was it
that way before . Mr . Lovi likened the process to the establishment
of a multiple residence district which , once established , requires
site plan approval of the Planning Board only . Mr . Lovi stated
that the question here was the question of subdivision where the
range of choice that came up is unlike any other subdivision . Town
Attorney Barney offered that the way the recndation is phrased ,
a carport moved over a couple of feet , for example , would require
• Town Board site plan approval . Supervisor Desch asked Mr . Lovi
what the Planning Board thought , with Mr . Lovi responding that he
thought the Planning Board thought they would do site plan review,
and adding that the Town Attorney has certainly raised a point .
Mr . Lovi noted that the reason for the addition to Section 3F is
any potential subdivision and stated that , if it is obscured by
" alteration , amendment , change " , it would best be separated . Mr .
Lovi stated that , as far as change # 1 went , the Planning Board felt
that a mobile home as a one-family dwelling was appropriate , and ,
the Planning Board was comfortable with the idea that if , in the
unlikely instance of the trailer park being subdivided , it was not
Town Board -18 - February 10 , 1986
going to be a typical sort of subdivision . Mr . Lovi stated that he
could not imagine this happening , but , in the future he could
imagine a trailer park , not owned by a single owner , but by a
homeowners ' association , or a group owning it with some cooperative
or corporation structure , and , so , this addition could cover
interests of the . Planning Board and Town Board in moving from a
single owner to a cooperative or homeowners ' approach .
Councilman Raffensperger stated that that was the basis of the
question being raised . Mr . Lovi and Mr . Fabbroni both agreed that
the Planning Board wanted the " one-family" addition in order to
control the occupancy . Supervisor Desch mused that there could be
severe problems were this not done reasonably . Town Attorney
Barney , commenting that he liked the idea of review in that if
there is an alteration , somebody should look at it , suggested that
• " alteration , amendment , or change" be deleted and then there be a
second sentence regarding the Town Board on subdivisions . Mr . Lovi
wondered if it would not be better to limit the number of people ,
adding that Town Attorney Barney ' s point was a good one , and
further adding that we are going to have to look at that issue
Townwide . Mr . Lovi stated that he did not want any difference
between a home and a mobile home .
Town Attorney Barney put forth the suggestion that paragraph
# 2 of the " Resolved " section of the resolution under discussion
read : "To Section 3F be added the following sentences : ' No
subdivision of a trailer park site plan is permitted without
approval of the Town Board , following Planning Board site plan
review. No alteration , amendment or change in a trailer park site
plan is permitted without approval of the Planning Board . '
RESOLUTION NO , 22
M TION by Supervisor Noel Desch , seconded by Councilman Henry
McPeak0
RESOLVED , that the Zbwn of Ithaca Town Board set and hereby
does set a Public Hearing for 7 : 00 p . m . , Monday , March 10 , 1986 ,
for consideration of amendment of the Town of Ithaca Zoning
Ordinance by a Local Law permitting Mobile Home Parks under certain
conditions .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF THE AUTHORIZATION OF BIDS FOR SALE OF 1966 FORD
PICK-UP TRUCK
RESOLUTION NO 23
• NDTION by Supervisor Noel Desch , seconded by Counci]man Marc
Cramer :
WHEREAS , a Highway Department truck , namely , a 1966 Ford
Pick-Up Truck with 1261000-plus miles , has reached the end of a
useful life of serving the Highway Department , Town Engineer , and
parts pick up ;
NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town
of Ithaca to authorize disposal of this 1966 Ford Pick-Up by
advertising for bids in the Ithaca Journal , to be opened by the
Town Board -19- February 10 , 1986
Town Clerk on February 28 , 1986 , at 1 : 00 p .m . E . S . T .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF THE CONTINUATION OF TEMPORARY HIGHWAY EMPLOYEES
UNTIL NOVEMBER 6 , 1986
• Town Engineer Fabbroni stated that the matter now before the
Board is consideration of the continued employment of two full-time
Highway Department employees through the November 6th meeting . Mr .
Fabbroni stated that the logic with respect to the November meeting
date is that between now and September he and Highway
Superintendent Parkin would like some sub-committee of the Town
Board to study the overall needs of the Highway Department with
such needs study to occur prior to the 1987 budget process .
Supervisor Desch stated that he had suggested that the committee
members be Councilmen Marc Cramer and Robert Bartholf ,
RESOLUTION N0 , 24
MOTION by Supervisor Noel Desch , seconded by Councilwoman
Shirley Raffensperger :
WHEREAS , Town work efforts for 1985 have included considerable
progress on special projects at Burns Road II and Fall Creek
retaining wall , funded in part by the State and County ,
respectively , and
WFKREAS , the Town will continue or initiate efforts at Burns
Road II , the Fall Creek wall , the Forest Home washout , and the
to be-annexed section of Forest Hone Drive , under reimbursement
programs or fixed commitments of the Town Board in 1986 ;
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Tenn
of Ithaca to extend the two full-time temporary highway positions
from February 11 , 1986 through November 6 , 1986 at $ 6 . 00 per hour
and full employee benefits , with the exception of retirement
benefits , and further
BE IT RESOLVED that a sub=mnittee of the Town Board
consisting of Councilmen Marc Cramer and Robert Bartholf be formed
to study overall manpower needs of the Highway Department with a
final report due by September 8 , 1986 , to be considered for the
1987 budget approval process .
There being no further discussion , the Supervisor called for a
vote .
• Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF AUTHORIZATION OF THE TOWN BUILDING INSPECTOR TO
INSPECT SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION
FACILITIES
The following proposed resolution was before the Board :
Town Board -20 - February 10 , 1986
"WHEREAS , Southern Cayuga Lake Intermunicipal Water Commission
( SCLIWC) Facilities are jointly owned as a quasi-municipality , and
WHEREAS , the State Uniform Fire Prevention and Building Code
regulations allow for the owner of a municipal building to inspect
the building regardless of the municipality within which that
building is located ;
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town of
Ithaca that the Town Building Inspector be authorized and dedicated
to be the official building inspector for SCLIWC jointlymmcwned
facilities . "
Town Attorney Barney stated that he had looked up a couple of
things with respect to this matter and , it seemed to him , that it
should be subject to the approval of all parties . Town Attorney
Barney ccmrented that there are provisions for inspection in the
Intermunicipal Agreement but they have more to do with water lines .
Supervisor Desch wondered if the Town Attorney would be more
comfortable with this being in the Intermunicipal Agreement , with
Town Attorney Barney responding that it could be in a letter .
Supervisor Desch suggested that worms to that effect could be added
to the "resolved " portion of the proposed resolution . Supervisor
Desch stated that this proposal has to do with those circumstances
where Bolton Point wants to add anything to any of its facilities ,
for example , a storage addition now, adding that the subject comes
up also in connection with the State Code with the Town responsible
for State Code in the City , and so , in the case of the Water
Commission , the Town of Ithaca is designated as the agent in most
areas -- finance , employee , and so on . Supervisor Desch offered ,
as an example , that the Village of Lansing is canfortable with the
Town Building Inspector serving that function , adding the comment
that the Town of Ithaca is the majority owner , and further
cananenting that this resolution would facilitate doing that .
RESOLUTION N0 , 25
NDTION by Supervisor Noel Desch , seconded by Councilwoman
Gloria Howells,
WHEREAS , Southern Cayuga Lake Intermunicipal Water Commission
( SCLIWC) Facilities are jointly awned as a quasimunicipality , and
WHEREAS , the State Uniform Fire Prevention and Building Code
regulations allow for the owner of a municipal building to inspect
the building regardless of the municipality within which that
building is located ,
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town
of Ithaca , subject to the approval of all other parties to the
Southern Cayuga Lake Intermunicipal Water Commission Agreement ,
that the Town Building Inspector be authorized and dedicated to be
the official building inspector for SCLIWC jointly-owned
facilities .
vote . There being no further discussion , the Supervisor called for a
•
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay- - None .
The MOTION was declared to be carried unanimously .
CONSIDERATON OF APPROVAL TO PARTICIPATE IN "THE CORNELL TRADITION"
PROGRAM
Noting that the Board had before it a proposed resolution with
Town Board -21 - February 10 , 1986
respect to the 1986 summer work program , Town Engineer Fabbroni
stated that the proposal is , essentially , general enabling
legislation to allow the Town to apply for six Cornell Tradition
people — three for highway , water and sewer , surveying , etc . , two
for parks , and one for planning . Mr . Fabbroni stated that this is
similar to the number we had last year . Mr . Fabbroni stated that
there is also the possibility of finding these people out of the
Cornell University Work/Study program , so , that number will not be
exceeded , however , Cornell Tradition makes it a lot surer .
Councilwoman Patricia Leary asked how these people are paid . Mr .
Fabbroni stated that the Town pays roughly 30% and Cornell roughly
70 $ .
Supervisor Desch stated that this is an excellent program.
Town Attorney Barney wondered how old the people are , musing 17 to
21 , and adding that if they are under 18 they need working papers .
Mr . Fabbroni stated that the students are usually sophomores and
juniors , adding that others , who may be younger , are usually hired
through the County Summer Youth Employment Training Program ,
RESOLUTION N0 , 26
MYTION by Councilman Robert Bartholf , seconded by Councilwoman
Shirley Raffenspergera
WHEREAS , the Town Board of the Town of Ithaca has , over the
years , supported a reasonable level of temporary summer assistance
to support the planning , design , construction , and maintenance
needs of the Town , and
WHEREAS , the preliminary work plan for the 1986 Summer Program
includes the need for three technical aides for highway , water and
sewer , surveying support needs , project layout and managements two
technical aides for park construction and maintenance ; and , one
technical aide for planning , resource planning , and computer
support;
NOW , SORE , BE IT RESOLVED , by the Town Board of the Town
of Ithaca , that the Town Engineer and Town Planner pursue filling
these needs within 1986 budgeted amounts from the pool of temporary
employment skills available through The Cornell Tradition and
Cornell Work/Study , and further
BE IT RESOLVED , that specific positions , for specific duration
from specific funds , for specific individuals , at specific pay
rates will be approved by resolution as the total 1986 program
takes form with the evolving program ' s ability to serve the Town
needs.
By way of discussion , Councilwoman Leary wondered if this were
the only way we get people . Mr . Fabbroni described how the program
works , noting , as an example, that you send five job descriptions
and they send people to match that , adding that the matching system
is the much more difficult task than that which helps professors
get some help . Mr . Fabbroni stated that , on the outside , Cornell
Tradition has a much better process of matching , adding that we get
seven people to pick from for three positions . Councilw xnan Leary
inquired if there were any leeway to not use Cornell , with Mr .
Fabbroni responding , not too likely because of the budget -- 70 /30
or 1 /3-2 / 3 . Councilwoman Gloria Howell wondered if Work/Study were
not 50 % , with Mr . Fabbroni responding that it varies -- 50 /50 ;
70 / 30 ; 60 / 40 . Councilwoman Leary offered that , if we consistently
find Cornell University unsatisfactory , we should consider not
going that way . Mr . Fabbroni responded that his hands would then
be tied . Supervisor Desch stated that the Town has been very
fortunate with Work /Study . Councilwoman Leary asked if there were
Town Board -22- February 10 , 1986
no program like this , would we hire people? Mr . Fabbroni stated
that we could hire two people . Councilwoman Leary stated that she
liked to see people hired , Tbwn people , not students . Mr . Fabbroni
offered that the Summer Youth program does that for us , adding
that , you need certain specialized skills , particularly in
computers and engineering . Councilwoman Raffensperger stated that
some of those students do live in the Town .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF THE REFUND OF ONE WATER AND ONE SEWER UNIT EACH
FOR LEE AND RITA MELEN , 19 LISA LANE , AND , JOSEPH H . PERRY , 432
WINTHROP DRIVE
Copies of each of the following doctunents were before the
Board .
19 Memorandum from Lewis D . Cartee , Building Inspector , to Noel
Desch , Supervisor , dated February 3 , 1986 , in re Refund -
Water/Sewer Assessment , Joseph H . Perry , 432 Winthrop Drive ,
stating : "I made an inspection of the Joseph H . Perry
residence and found that the kitchen in the downstairs unit
has been removed and the residence is now a single-family
residence . (JA copy of Mr . Perry ' s request for refund is
attached , for your information . "
2 . Memorandum from Lewis D . Cartee , Building Inspector , to Noel
Desch , Supervisor , dated February 3 , 1986 , in re Refund --
Water/Sewer Assessment , Lee and Rita Melen , 19 Lisa Lane ,
stating : " I made an inspection of the Lee and Rita Melen
residence and found that this is a two-family residence . The
owner advises me that a relative lives in the apartment . %A
copy of Mr . and Mrs . Melen ' s request for refund is attached
for your information . "
Supervisor Desch noted that the appropriate certified forms
for each of the two properties in question have been submitted and
are before the Board as attachments to Mr . Cartee ' s memoranda .
RESOLUTION N0 . 27
nYTION by Councilman Henry McPeak , seconded by Councilwoman
Gloria Howell :
WHEREAS , Lee and Rita Mellen , 19 Lisa Lane , were overcharged
1 . 0 water unit and 1 . 0 sewer units ;
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town
of Ithaca to refund 1 . 0 water unit , $54 . 00 , and 1 . 0 sewer unit ,
$ 50 . 00 .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
Town Board -23- February 10 , 1986
RESOLUTION NO . 28
NDTION by Councilman Marc Cramer , seconded by Councilman
Robert Bartholf :
WHEREAS , Joseph H . Perry , 432 Winthrop Drive , was overcharged
1 . 0 water unit and 1 . 0 sewer units
if
NOW , THEREFORE , BE IT RESOLVED by the Town Board of the Town
of Ithaca to refund 1 . 0 water unit , $54 . 00 , and 1 . 0 sewer unit ,
$ 50 . 00 .
There being no further discussion , the Supervisor called for a
vote .
• Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF AUTHORIZATION FOR THE INSTALLATION OF STREET LIGHT
AT ABBEY ROAD AND ROUTE 79
Supervisor Desch , commenting that this matter was a cleanup
item , stated that , as far as he knew , a light was never authorized
for this location .
RESOLUTION N0 , 29
NDTION by Supervisor Noel Desch , seconded by Councilwoman
Shirley Raffensperger :
WHEREAS , two lights are needed to sufficiently light the one
major entrance to Commonland Ccn amity ;
NOW , THEREFORE , BE IT RESOLVED by the Thum Board of the Town
of Ithaca to authorize the installation of two lights as part of
the Townwide intersection lighting policy , the locations to be
determined by mutual consent of the Town , NYSDOT , and NYSEG .
By way of discussion , Mr . Fabbroni noted that one was
approved , not a second .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF THE APPROVAL OF THE DECEMBER 311 1985 , FINANCIAL
REPORT
The Town of Ithaca Financial Report - Month Ending 12 / 31 / 85 ,
45 pages in length , was before the Board .
RESOLUTION N0 , 30
MOTION by Councilman Marc Cramer , seconded by Councilwoman
Gloria Howell :
RESOLVED , that the Town Board of the Town of Ithaca approve
and hereby does approve the Town of Ithaca Financial Report - Month
Town Board -24- February 10 , 1986
Ending 12 /31 / 85 , as presented .
There being no .further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
TOWN OF ITHACA WARRANTS
• RESOLUTION N0 , 31
MOTION by Councilman Marc Cramer , seconded by Councilwoman
Shirley Raffenspergera
RESOLVED , that the Town of Ithaca Town Board approve and
hereby does approve the Town of Ithaca Warrants dated February 10 ,
1986 , in the following accounts :
General Fund - Town Wide . . . . . . . . . . . . . . $ 75 , 534 . 10
General Fund - Outside Village . . . . . . . . $13 , 260918
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . $ 14 , 316 . 85
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29 , 819 . 93
Federal Revenue Sharing Fund 0 . 00000000 $ 2 , 590 . 12
Capital Projects Fund . . . . . . . . . . . . . . . . . $ 71395913
Lighting Districts Fund . . . . . . . . . . . . . . . $ 470 . 10
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
BOLTON POINT WARRANTS
RESOLUTION N0 , 32
MOTION by Supervisor Noel Desch , seconded by Councilman Henry
McPeak :
RESOLVED , that the Town of Ithaca Town Board , after review,
and upon reccmTendation of the Southern Cayuga Lake Intermunicipal
Water Commission , approve and hereby does approve the Bolton Point
Warrants dated February 10 , 1986 , in the amount of $ 103 , 705 . 18 , in
the Operating Account , as being in order for payment .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
CONSIDERATION OF AUTHORIZATION FOR THE TOWN ATMRNEy To REPRESENT
THE TOM OF ITHACA IN RE HULL,
RESOLUTION N0 . 33
Town Board -25- February 10 , 1986
MOTION by Supervisor Noel Desch , seconded by Councilman Henry
McPeak0
RESOLVED by the Town Board of the Town of Ithaca that , at 7 : 30
p . m . , the Town Board move and hereby does move into Executive
Session for discussion of the matter of litigation with respect to
the Hull property .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
EXECUTIVE SESSION
For the record , the Town Board was in Executive Session for
ten minutes during which titre the matter of litigation with respect
to the Lawrence Hull property was discussed , with no action taken .
RESOLUTION N0 , 34
MOTION by Supervisor Noel Desch , seconded by Councilman Marc
Cramer :
RESOLVED that , at 7 : 40 p . m . , the Town Board of the Town of
Ithaca move back and hereby does move back into Open Session .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
CONTINUATION OF THE CONSIDERATION OF AUTHORIZATION FOR THE TOWN
ATTORNEY TO REPRESENT THE TOWN OF ITHAC'A IN RE HULL
RESOLUTION N0 , 35
NOTION by Supervisor Noel Desch , seconded by Councilman Henry
McPeake
WHEREAS , the Town of Ithaca has been served with legal papers ,
questioning the validity of zoning , by Lawrence Hull on property
owned on Five Mile Drive ;
NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town
of Ithaca , that John C . Barney ,, Town Attorney , and other members of
the firm of Buyoucos , Barney , Grossman & Roth , be authorized to
• defend the Town in this action , coordinating such action with the
Town Supervisor and appropriate members of Town staff .
There being no further discussion , the Supervisor called for a
vote .
Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
Town Board -26- February 10 , 1986
ADJOURNMENT
RESOLUTION NO , 36
NDTION by Councilman Robert Bartholf , seconded by Councilman
Henry McPeak0
RESOLVED , that , at 7 : 43 p . m. , the February 10 , 1986 meeting of
the Town of Ithaca Town Board be and hereby is adjourned .
There being no further discussion , the Supervisor called for a
vote .
• Aye - Desch , Raffensperger , Cramer , McPeak , Howell , Bartholf ,
Leary .
Nay - None .
The MOTION was declared to be carried unanimously .
Respectfully submitted ,
Nancy M . Fuller ,
Deputy Town Clerk ,
Town of Ithaca .
i