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HomeMy WebLinkAboutTB Minutes 1989-09-11 TCWN OF ITHACA REGULAR TOWN BOARD MEETING September 11 , 1989 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 11th day of September , 1989 , there were . PRESENT : Noel Desch , Supervisor Henry McPeak , Councilman Shirley Raffensperger , Councilwoman Robert Bartholf , Councilman Patricia Leary , Councilwoman David Klein , Councilman John Whitcomb , Councilman ALSO PRES14'I' : John Ozolins , Highway Superintendent John Barney , Town Attorney Sally Olsen , Town Engineer Andrew Frost , Building Inspector/ Zoning Officer Susan Beeners , Town Planner Barbara Lukens , ACC Don Sweezy , Auble/George Schlecht Harrison Rue , 564 Elm Street Extension Jan DeVries , 104 Eastern Heights Drive Rich Holt , 23 Chase Lane Barbara Holt , 23 Chase Lane David Auble , 250 Troy Road Myrtle Whitcomb , 233 Troy Road Edward Olmstead , Ithaca Fire Department Laura Holmberg , 200 East Buffalo Street Karl Niklas , 1005 Danby Road Ed Cobb , 1005 Danby Road Ken Poyer , Poyer Subdivision Beverly Livesay , Board of Reps Bill Hilker , 277 Burns Road Pam Hanna , 126 Rich Road Lisa Blackwell , Cornell University Ron Ronsvalle , 628 Coddington Road E . L . Rose Monkemeyer , 1058 Danby Road Herbert Monkemeyer , 1058 Danby Road Carol Ainslie , 104 Ridgecrest Road PLEDGE OF .ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF '10M OFFICIALS Supervisor ' s Report Debt Exclusion Supervisor Desch noted that the Town had received approval from the State Comptroller on the debt exclusion application for the 1987 sewer improvement which includes East and West Shore sewer and the work on West Hill , i . e . , DuBois , Indian Creek and the Vine Street sewer on East Hill . Town Board Minutes 2 September 11 , 1989 1990 Budget Supervisor Desch reported that the budget development process is moving along with most of the department head requests having been reviewed and the struggle to sort out priorities underway . The Tentative budget will be presented on October 2 and will be available at that time . It then beds a public document with the formal hearings being held on November 9 . Fire Staffing Supervisor Desch stated that the joint City/Town fire staffing committee has recommended to both governing bodies that 6 paid fire fighters be added in 1990 and 6 more in 1991 , contingent upon the Towns willingness to extend the contract for two more years through 1993 , 19: 4 and contingent upon volunteers being given the Opportunity to serve as fully trained fire fighters , i . e . , driving equipment and authorized to do so . Cornell and Ithaca College will be asked to play a major role in the training among our other requests . A subgroup of that com-aittee will be meeting with them later thi_> month . These charges will not have an impact on the Towns 1990 budget but will require a public hearing later in the year to specificly amend the contract to build in these provisions . Highway Specifications Supervisor- Desch remarked that the new highway specifications have been released to developers . Sludge /Non-recycleable Material Supervisor Desch stated that the study of the new sewage treatment plant to provide the Village and Town of Lansing with 2 . 5 M® capacity has been approved at $ 9 , 500 and is underway . We have a major dilemma with respect to the disposal of sewage sludge . DEC has declared such sludge a non-recycleable material much to our and the County ' s frustration , particularly when it makes up 100 of the waste stream and there are successful sludge composting operations in the State . We have , at a meeting today with the County Public Works Committee , suggested that the plant owners join with the County to petition the State to change their decision . We have also asked the County for an exemption from the tipping fee in accordance with the intent of a resolution the County adopted when the septagis agreement was reached , otherwise sewer rates will climb next year .significantly . Finally , since the County will not be applying for a composting system permit until next year to include the sludge , the plant owners , probably tomorrow , will authorize Stearns & Wheler to prepare the necessary study and permit application so that systems approval can be obtained according to the pre January 1 , 1990 regulation.3 , therefore , making local sludge and yard waste reuse a possibly cost effective alternative compared with landfilling . Oil Spill - Highway Facility Supervisor Desch noted the Town had received a bill from DEC on the oil spill at the Highway Facility . It is included in the warrant , and is much lower than expected and our approval of it should be made subject to Town Attorney review . Town Engineer ' s Report Town Enginieer Sally Olsen noted that the Board all had copies of her report: . She stated that the control survey for the ' 89 Improvement through Inlet Valley has been completed . They are still working on the West Hill Fire Station , the design has been completed . The Inflow/ Infiltration study is being worked on and are about i:o send out requests for proposals for the TV inspection Town Board Minutes 3 September 11 , 1989 work . The Town Engineer reported that she attended the Water Distribution System - Analysis and Design Course at the University of Wisconsis , Madison and found it very informative . She also noted that she had engaged a contractor to paint the Trumansburg Road Water Tank to remove the graffiti . Highway Superintendent ' s Report Highway Superintendent John Ozolins stated that the major emphasis of last month was finishing up the paving program . We have done some work on shoulders , however , there is a lot more that needs to be done . The major emphasis for Parks last month was the walkway around the Grandview Park . The walkway itself has been put in and double surface treated , the remaining work to be done is the installation of the split rail fence . Building T,nspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that for the month of August , 27 Certificates of Compliance were issued , 145 year to date . We investigated 7 new complaints , 114 field visits . We had two Zoning Board meetings . As far as Building Permits , we issued tvo single family detached , one for alterations , two for additions , one for renovations . We also conducted interviews for a secretary and an Assistant Building Inspector/ Zoning Officer and came up with excellent candidates . Town Planner ' s Report Town Planner Susan Beeners stated that the Board had received her monthly report as well as a status report on 1989 activities . She noted that: the Planning Board did not get completely through the agenda for the last meeting and had rescheduled some of the items for the September 19th meeting . She stated that she thought most of the Board was aware that the Comprehensive Planning Review Report Draft was reviewed by the subcommittee at two meetings with another meeting scheduled for the 26th . Depending on the extent of the subcommittees recommendation on that draft on the 26th it ' s going to largely determine when that might be scheduled for planning Board review . The Planner continued , saying the were continuing getting the necessary easements so that work can begin on the South Hill Recreation Way starting on the Hudson Street end this September and October . The Stream Corridor Study draft report is currently under staff review and we plan to put it on the next Planning Board agenda . Councilman Whitcomb asked what was the result of the agenda item on how the Planning Board allocated their time ? Town Planner Beeners replied , the discussion began about midnight and ended ,about 12 : 15 A . M . , everyone was a little tired and unable to come up with anything but the general feeling was that there should be around 50 % of the Planning Boards time spent that was not necessarily development review . They could split a meeting in half or have every other meeting being devoted to one item or the other and she thought that it would probably be every other meeting unless something else comes out . AMERICAN TFU,EVISION & COMMUNICATIONS CORPORATION FRANCHISE WITH THE TOWN OF ITHACA Supervisor Desch stated that Councilman McPeak had invited a guest to talk to the Board about cable TV franchise . Town Board Minutes 4 September 11 , 1989 Councilman McPeak stated that he and several other Board mm-bers had received several calls asking when the new cable would be available ,. He stated that several of the Board members , including himself attended a meeting with Mr . Withiam . It was stated that the rebuilding was going to take place and then the Town of Ithaca would be connected , he thought , in the Fall of 1989 . He stated that he had spoken with the new Manager , who is here , and he also drove to -the office last week and spoke to a gentleman who was in charge of construction and he keeps getting the same report , that they are holding it up for the renewal of the franchise . He stated that the franchise would not be up for renewal until 1993 and they are using this as a bargaining chip . It appeals that as you listen to the story , he checked at the front desk also , and they told him the same thing . At no time did we every discuss anything about dealing with the franchise . When the proposal came forward from the cable company to increase the rates we jumped aboard , the City of Ithaca fought this . They proposed a new rate structure because they were going to put millions of dollars into the rebuilding . We discussed this and everyone left the meeting feeling happy . Now there seems to be scene misunderstanding because the introduction of the renewal of the franchise was not part of the discussion . Barbara Lukens stated that she was the new General Manager of ACC , coming from Denver . Ms . Lukens went on to say that she had spoken to Mike Withiam today to verify the issue . What Mr . Withiam told her was that he had explained that we would be building through parts of the Town of Ithaca to get to other places but basically he stated that he made no conmitznent to put on the new channels . As a new manager and business person , from her perspective it makes sense that. if we are going around three quarters of a million dollars in. the Town of Ithaca we would certainly like to amortize this over a period longer than the next three years . What the company would like would be for the Town to consider extending the franchise to allow us to amortize it over a longer period of time . She stated that this is her position and what she felt people were hearing from the Customer Reps is a sense of yes we are not going to do anything until the franchise is renewed . But what we are really saying is if you would really like to see those channels , perhaps it would help if you call your Councilmen and let them know that . Attorney Barney asked if the work had been done ? Ms . Lukens replied that some of the work had been done , the work is not complete . Attorney Barney asked if they were in the process of upgrading the system? Ms . Lukens replied that they have done some in the Town of Ithaca already but right now they are not working in the Town of Ithaca at all but instead they were working in other franchise areas . As a matter of fact , in some of the other Towns around we have franchises that have expired or close to expiration and we trying to get those areas done first and doing franchise renewals with those folks . Which was what she was pushing , at this point in time . Town Attorney Barney asked how much remains to be done in the Town of Ithaca? Ms . Lukens replied that she was not entirely sure . Councilman McPeak replied , but there are parts that have been done and could be energized? Town Board Minutes 5 September 11 , 1989 Ms . Lukens replied , as a matter of fact , and she could not say this for sure in the Town of Ithaca , but she had instructed her construction person to put the drops in . But that does not turn over the new services , necessarily . Councilman McPeak remarked , that he understood there was a difference in cost of about $ 1 . 00 from what the City paid for 44 channels and what we were asked to pay? Ms . Lukens replied , right . Councilman Mcpeak replied that that did not seem to be very significant . Most people would pay the $ 1 . 00 to get the thing turned on and you could amortize the cost over the next three years . Let ' s face it , nobody is going to build another cable system . Town Attorney Barney remarked , the problem is it was sort of an explicit promise from ACC when the rate increase went along . And now you kind of trying to pull the rug out . Ms . Lukens replied that she was not trying to go against something that was promised , she stated that she was not aware of that promise . Town Attorney Barney replied that that was the argument that was made to allow the increase in cost . The argument was made that ACC was going to spend all this money to upgrade the system and they needed to recover some of that money so they increased the cost and the Tawas went along with it . Now you are coming in and saying even though we are operating the system we aren ' t going to give you the service unless you do something else for us and that doesn ' t sit very well . Ms . Lukens stated that what she was trying to say was that she didn ' t want to spend anymore money unless she knows that the franchise is going to last longer than three years . Town Attorney Barney replied , that approach calls the franchise in question in three years . Ms . Lukens replied that she understood that . But the Board needed to understand that she was not calling all the shots here in Ithaca . She stated that her recommendations to the Company on areas where we have not done any rebuilding at all is that we not do it until the franchise is renewed. . She stated that she was here to ask the! Board to consider an extension of the franchise now as opposed to waiting for those three years . Supervisor Desch replied that it sounded like the Board should form a committee to look into what the Boards position might be on the issue . He then appointed Councilman McPeak and Councilwoman Leary . BUDGET AmEmMENTS RESOLUTION N0 . 227 Motion by Councilman McPeak ; seconded by Councilman Whitcomb , PUBLIC ADDRESS SYSTEM BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes transfer of $ 1 , 629 . 82 from Contingency (A1990 . 400 ) to Town Board - Equipment (A1010 . 200 ) to cover the cost of the new P . Town Board Minutes 6 September 11 , 1989 A . System and the small amount already over budget ( $ 129 . 82 ) in this line item . PLANNING .AIDES BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize transfer of $ 2 , 466 . 00 from Planning Study (B8020 . 406 ) to Planning Study-Personal Services ( B8020 . 106 ) to cover the cost of gross pay for two Planning Aides for the summer and fall . PLANNING PRINTER BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes transfer of $ 783 . 75 from Contingency (B1990 . 4 ) to Planning •. Equipment (B8020 . 200 ) to cover the cost of one OKIDATA 391 printer made necessary by the moving of the previously shared printer to the new Engineering location . HIGHWAY STREET BROOM BE IT RESOLVED ,, that the Town Board of the Town of Ithaca hereby authorize transfer of $ 1 , 627 . 80 from Vehicle Maintenance (DB5130 . 460 ) to Equipment (DB5130 . 200 ) to cover the cost of the new broom purchase authorized at the August meeting . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye. . Nays - none ) . MjIO 'ATION OF INTEREST EARNINGS ON FEDERAL REVENUE SHARING MONIES Supervisor Desch remarked that the interest earnings is roughly $ 1 , 500 and there are scene clean up items that may require the spending of this money . He noted a problem with the furnace at the Highway Facility which potentially could have been a use for these funds but we will hang onto the earnings to be used for other items . He asked the Town Highway Superintendent to bring the Board up to date on the furnace situation . Highway Superintendent Ozolins stated that as it stands right now , the furnace will not hold water because lime has settled in it and with the constant heating it has some cracks in it . The other problem is when the building was built , the pipes that go to the individual registers when underneath the slab and they are now cracked . We cannot keep water pressure in the system . We get water seepage up through the slab . He stated that he had talked to Mery Hammond and Buris Plumbing and Heating . The estimate he got from Harm:iond was approximately $ 4 , 027 . 00 and Burris was approximately $ 4 , 600 , they include labor and materials to redue the system . Supervisor Desch stated that originally when we discussed this he was going -to put it in the 1990 budget but it looks like the system will not get through the winter . RESOLUTION NO . 228 Motion by Supervisor Desch ; seconded by councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby appropriate Town-wide unappropriated fund balance to replace the heating sy:5tem at the Highway Facility in the amount of $ 4 , 500 . (Desch , Mcl?eak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none ) . Town Board Minutes 7 September 11 , 1989 ACCEPTANCE OF PROPOSED ROADS AND OTHER PUBLIC FACILITIES , PROPOSED DEER RUN SUBDIVISION , PHASE III AND TETON COURT Town Planner Susan Beeners stated that the folks from the Deer Run Subdivision would not be attending the meeting this evening . She went on to say that what was requested by Mr . Hallberg was that the Board consider several item . Mr . Hallberg is asking is that the Town consider accepting 3A . The Planning Board approved number three with several conditions and included such things as the acceptancE! of the location of a trail easement by the Town Board prior to final plat approval and that is shown on the small map . She stated that she was recommending that that location might be accepted . She stated that Mr . Hallberg is also asking that the deed restrictions for Phase 3A which is about 26 lots be approved as well . Those deed restrictions have not been reviewed by the Town Attorney . Also , they are subject to approval by the Town Board prior to building permits being issued . Mr . Hallberg is also asking for the Board to consider accepting the location of Teton Court which received preliminary approval several years ago . She stated that she did not see any real problems in granting that approval for that . He also is asking for approval of the location of the open space which could also be a possible location of a future water tank . She stated that it was her recommendation that there not be an approval at this time because there is a need for a program to be defined in that area and she felt it more appropriate for a recommendation to come from the Planning Board as to whether it become park land with possible tank location or it be deed to Cornell along with the 32 acres as in the original proposal with some kind of agreement with Cornell for a nature trail . She stated that her recommendations for tonight would be for approval of the proposed trail which is a location to connect with ButterField and Chase Pond and to also consider the park with the understanding that the other items would be looked at at a later time . Councilwoman Raffensperger asked why the Board would want to approve tonight , a small percentage of the total approvals when it looks like they are all in here as being necessary for final subdivision approval ? Why are we doing these two little pieces ? Town Planner Beeners replied , as part of the subdivision regulations it requires that before final approval the Town Board accept any public facilities . So it ' s really the number of times its caning back to the Board . Deed restrictions in clustered developments have been normally approved after we get Town Board approval and before building permits . Councilwoman Raffensperger stated that she was just talking about the proposed roads , the .existence of the proposed islands and other public facilities , we are only doing a piece of that tonight . She asked why were they going back and forth and doing pieces ? Town Planner Beeners replied , on that end , what Mr . Hallberg has proposed since he received preliminary approval from the Planning Board was to break Phase III down into three sections . Phase IIIA having the frontage on existing roads and he would like to start building that this winter . Councilwcmm Raffensperger replied , but that has been approved . Town Planner Beeners yes , Whitetail Drive and Saranac Way , that all has been approved . Supervisor Desch asked , what about Marcey Court , has that received preliminary subdivision approval ? Town Board Minutes 8 September 11 , 1989 Town Planner Beeners replied , that received preliminary plat approval in 1987 . There is no time frame for developing Marcey Court . Councilwcman Raffensperger remarked , if it is true , as it seems to be in the Planning Board resolution , granting preliminary subdivision approval it is subject to the following requirements : the approval of the proposed roads , existence of proposed islands and other public facilities . She stated that she assumed that means public open space . She stated that her only question was why was the Board getting it in bits and pieces because it looks as if the Planning Board cannot proceed to final subdivision approval until the Town Board deals with all of the items including the ones the Town Planner asked to be deferred tonight . Town Planner Beeners questioned , the entire portion of Phase III ? Town Supervisor Desch replied no , the remaining phases . Town Attorney asked how the Town Board could approve scene roads without also approving locations of parks ? Supervisor Desch replied , it depends on what part of the open space is inherent in what phase of development . The Town Planner is saying that the 7 1 / 2 acres should possibly cane in a later phase as far as the improvements are concerned . Because one issue is that you take it off of the tax rolls that much sooner if it sits there and nothing is happening around it you lose that much money . The desire! on their part would be to transfer it . At this point in time we should look at the overall picture . Town Planner Beeners replied that she thought that in the interim , giving what the Planning Board approved , and that since the Planning Board did not know about phasing , that she would pass along the feeling that the Board wanted to look at the entire site . Supervisor Desch asked , as in the case of Chase Farms , didn ' t we look at all of the roads at once and approve them all as far as location? Town Planner Beeners replied , it was the whole section . Councilman whitcanb stated that he would be more comfortable in approving the whole thing as he had no idea what the Board was being asked to approve tonight . Supervisor Desch remarked that it was a lot easier , for sure . Supervisor Desch suggested the proposal be brought back to the Board at the October meeting . Town Planner Beeners replied okay , if she could get Mr . Hallberg to get a package together by that time . USER CHARGE. RESOLUTION Supervisor Desch stated that this item was an administrative item that came out of DEC and EPA ' s continuing review of the close out of the sewage treatment construction grant . Basically it ' s a simple resolution which amends our user charge system . RESOLUTION N0 . 229 Motion by supervisor Desch ; seconded by Councilwoman Raffensperger , Town Board Minutes 9 September 11 , 1989 RESOLVED ,, that the Town Board of the Town of Ithaca will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance including replacement and that the system continue:; to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . STATUS OF 1987 WATER/SEWER RESTORATION WORK Town Engineer Sally Olsen that in response to the letter of neighbor concerns presented by County Board Representative Deborah Dietrich at the Town Board meeting of August 7 , 1989 : 1 ) Mrs . Vail ' s driveway - samples of available stone and gravel will be acquired for Mrs . Vail ' s approval prior to further work . 2 ) Leo Gangl ' s water and sewer services - stakes were left at the house at 140 Indian Creek Road for the property owner to place for their preferred location of the water service and- sewer lateral . They were not placed , so the Assistant Town Engineer selected the location based on his judgement to minimize disturbance to the yard . The Town is not obligated to place the services at the locations indicated by the property owner , we take their preferred location into consideration as a courtesy . We have estimated the costs for connection to the _ existing water service and for connection to the grater service as requested by Mr . Gangl . 3 ) Water hammer - on July 27 , 1989 , Bolton Point forces replaced a valve in the hydropneumatic station , and monitored the function of the system through resident contacts . The water hammer problem seems to have been resolved . 4 ) Gibbs Lauterwasser site restoration - Roberto DeVincentis and his landscaper , Mike Bolands , have been contacted regarding this matter . Work is scheduled for next week , Mr . Bolands will contact Ms . Gibbs prior to work . 5 ) Glauer and Loomis site restorations - the Town Engineering Department have not been contacted by either property owner since work was last done in their yards . 6 ) The retainer has been returned to Vacri Construction . The Town Engineering Department will arrange for any additional restoration that it deems reasonable and necessary . The Engineering Department has no knowledge of piles of rocks and debris on the Gangl property . GANGL WATER/ SEWER REQUEST Town Engineer Sally Olsen stated that item number 2 from the previous agenda was the report on the Gangl water/ sewer request and that basically Mr . Gangl wants the water line and sewer line at the other end of his property from where it was proposed to be located . To relocate the services we would need to go under the road . The cost to the Town for 40 linear feet would be about $ 81000 . We do not see a problem with the existing trees on the site and do not believe any trees would need to be removed . This property cannot be serviced by gravity sewer . The last sewer manhole is a couple �� u�Mn��nrnnnunr��e�rini��i�snnrum�nnpiunmou� Town Board Minutes 10 September 11 , 1989 hundred feet west of the Gangl property and if we put a 2 " pressure line to his property he will have to pump regardless of where the sewer is placed . The only possible way of serving him with a gravity sewer is if and when Cayuga Lakes Estates is approved , to PUMP up , then we could connect a line down Indian Creek and serve him in the other direction , but that will be a while and only and if . Councilwoman Raffensperger stated that she had read Mr . Gangl ' s letter in which he stated that he had not received these stakes nor did the people next to him. She asked , if he had received them and had placed them in his preferred location , what would have been your technical opinion of that location , at the time . Town Engineer Olsen replied , then we could have placed his water service where he wanted it , although we would have placed the sewer service where it is now . By placing the water service , as we have , in the driveway the water and sewer could both go across his property in the same trench with minimal site disruption . If we had placed the water service as he wants it here , we will have to cut two independent trenches across his yard , one for the water and one for the sewer . So , certainly we could have had we have known where his route was or had known he doesn ' t live all year around in Town so he obviously was not personally able to receive the stakes . Councilwoman Raffensperger replied , Mr . Gangl seemed to be concerned about large trees on his property and you said that in your judgement it would not be necessary to disturb those , have you passed this information along to him? Town Engineer Olsen replied , we told him a month or so ago that we don ' t believe , he doesn ' t agree . Supervisor Desch replied , the question is whether you want to spend "X " dollars to put it under the road . There aren ' t any budget funds available to do that but it could be budgeted for next year . Councilwoman Raffensperger remarked that her impression was that he was as much concerned that he didn ' t think he had had sufficient discussion or answers from the Town as he was about anything else and if you follow up and explain to him the difficulties we may be able to resolve it without going to that much expense . Supervisor Desch replied that the three of them had talked to him at length . Town Engineer Olsen stated that he had spoken to Mr . Gangl , on the phone , at: least once and so had the Assistant Engineer and who had been to the site twice . Supervisor Desch added that he had talked to him in detail before he wrote the letter but he was very insistent that he get what he wanted , REPORT OF COUNTY BOARD OF REPRESENTATIVES Beverly :[,ivesay , County Board of Representatives stated that the main thing she wanted was to answer any questions on disposal fees , landfills or the bailing station . Supervisor Desch replied that the Town was very concerned about the sludge . He asked if there was any sense of what might be needed to make it easier for the County . Town Board Minutes 11 September 11 , 1989 Mrs . Livesay replied that basically it comes down to , that one way or another it has got to be paid for so the question is only the should the uses of the service pay for it ? As you can imagine we have a lot of very difficult decisions , there are an awful lot of people who think they should be exempt from paying that for various reasons . It looks like the best way to go , probably , is to not make exceptions to it . We are also trying to work with the State to get them to either change their designation of not being recycleable or to give exemptions . Supervisor Desch asked if there was a concensus to do that on a I oint basis , by the Committee ? Mrs . Livesay replied , yes . Supervisor Desch asked if there was any feeling to the weight of the resolution that was adopted when septage was set up? Mrs . Livesay replied , that she did not recall that part of the discussion . Supervisor Desch remarked that back at the time when a decision was about to be made to put the septage facility at the new plant , there was more than reluctance on the part of the City to have it put there because obviously none of the septage was going to be generated by the City . But in exchange for all of the ideas we had to make the County facility , EPA gave us a break in the grant funds and the County said they understood and would handle the sludge and we will do it in as cost effective a manner as we can and in exchange you will handle septage the same way . Mrs . Livesay replied that now she remembered and Scott Hyman had the resolution and felt this was in keeping with that . In other words , what ever proportion of the sludge that was deemed to be created from the septage would be charged against the garbage disposal . ACCEPTANCE OF CHASE PONDS ROADS , SIDEWALKS AND OTHER PUBLIC FACILITIES Town Planner Susan Beeners stated the Planning Board had granted a waiver to permit more than six units to be attached and to permit a distance of less than 30 ' between buildings . What is proposed hear is several buildings with about ten units per building and one at the western end of the site with eleven . At the Planning Board meeting we did discuss that if this project were a rental project it would comply with all of height requirements of the rental multiple :residence project except for one item which was parking . There is sane parking close to the north edge of "A " road . What the Board is essentially being asked to do is approve the general locations of several streets as outlined on the map , several of which will have on-street parking on them . The proposed trail easement which would connect in the northeast corner of the project which wound connect to the Deer Run development , the proposed sewer easement in the northeast corner of the project as well as some other utility easements that are generally netted all the way through the sites . There are sane issues about open space ownership and the maintenance types of agreements that might be within a couple of rights-of-way . Supervisor Desch asked , what open space are we contemplating acceptance of , other than the roads ? Town Planner Beeners replied , the only thing that the Town would be accepting would be a twenty foot wide easement to be deeded to the Town Board Minutes 12 September 11 , 1989 Town , she expected , for public trails that would connect to the Deer Run .project . The remainder of the open space is proposed to be within a community open space organization where the ownership would be partly this project but also be generally open to members of the other developments such as Chase Pond across the street . Supervisor Desch asked , how significant are the water easements that would be involved , other than the water lines being run in the public right-of-way? The water lines that run in the back are they service lines . The Engineer for the project , Don Sweezy , replied that all water mains are in the roadways . Councilwcr:ian Raffensperger remarked , no public open spaces . This has been characterized in the Planning Board minutes as "cluster-multiple " , right? Town Planner Beeners replied yes , it is . The main reason why she felt cluster was applied for was because this project was not a rental project as earlier ones were to be , all for sale lot as currently proposed then it was the interpretation of staff that each lot would have to comply to the multiple residence yard requirements and , therefore , each lot would have a 50 ' front yard , for example . Councilwoman Raffensperger remarked , the Boards job tonight , as she understood it , was to look at the roads even though there might be a temptation to comment on the rest of it . But in reading the Planning Board minutes and she stated that she was not able to obtain an excerpt of the Planning Board minutes from which the preliminazy subdivision approval was given but in reading the one before that there was a question about the roads and a possible connection or the reservation of a connection to Deer Run . She stated that it was her understanding that at the preliminary subdivision approval that two members of the Planning Board voted against it . The thing she wanted to look at is whether or not those negative votes or just general discussion had anything to do with any of the items we are being asked to approve tonight . The road network minus the Deer Run connection or any of the utilities . Town Planner Beeners replied , the road connection was not something that was brought up at the most recent meeting where the approval was given because staff had recommended at the earlier meeting that it really would not , not only are the grades difficult in trying to get down into the Deer Run subdivision in the eastern corner but also did not seem to really help matters too much as far as line for traffic in the area . The residents had requested that type of connection primarily so that there would be a different bus route and if we were considering that the trail/bus route would have to be built up to standards of roads . Staff did not feel it was appropriate to have a road connection between the two projects and the bus idea was the same thing . Both members who did vote against the project she though had some concerns not only about the density of the project but also about the suitability of the open space here for -the residents needs . If there were a good population of small children here there was not suitable place for play . The density of the site , there was a good amount of discussion as to history of the site , she really didn ' t have any count on this aspect ofd it . She that that the conditions of the adopted resolution , by the Planning Board , do indicate that there is some concern about the mechanism to not only maintain the common alley ways and other aspects but liability of having a community open space organization , public by nature . It would have to be funded Primarily up front by the developer and then funded partially by membership . It was her understanding that those aspects will be Town Board Minutes 13 September 11 , 1989 examined further before any approvals . Within the road rights-of--ways the locations that the Board is being asked to accept , she did receive tonight something that would indicate that the developers would have to be in agreement with each owner of each lot who would be maintaining the area in the public right-of-way to the curb line . Which means the proposed street trees , sidewalks would be maintained routinely and also with replacement by its owners if this agreement went through . The phasing of the project , at the present time , is expected to be 36 units . She felt this was going to be subject to some more discussion because the applicants are faced with the problem of just what utility systems to build when , relative to these units . But pertinent to the phasing , something that she had proposed as a condition at the Planning Board meeting and they did accept it , was the last resolve where in a clustered subdivision pursuant to our subdivision regulations the Planning Board can during the review of any applications for plat approval for the subsequent phases regulate Exterior characteristics . It was her feeling that perhaps that condition would permit a limited first phase of 36 units including two townhouse buildings with a common green to be constructed and examined for possible visual consistency and other types of compatability . In the review of subsequent phases if there was a need for a play area or a feeling by the Planning Board that the site plan be modified to reduce the density or the configuration of units that would be possible to do . Councilwoman Raffensperger asked how many entrances there were ? Town Planner Beeners replied , there is one main entrance opposite Chase Lane , Councilman Klein remarked that unfortunately not having been at the Planning Board meeting he stated that he found it a bit curious that there is not an internal connection to Deer Run , he was not sure how that would have worked , but based on some of the comments that he heard from the Planning Consultants . He stated that he felt that might have taken some of the traffic off King Road and allowed for more of a neighborhood with the surrounding ccmmanity . It seems that all the streets are paved , curbed and there are quite a number of sidewalks , in terms of the future maintenance of those items , do they then totally become the responsibility of the Town ? Councilman Klein went on to say that in the drawings it shows the curb detail , part of it being under the highway with an 8 " base under the roads . He asked if this was acceptable to the Town as he thought the Town had a 12 " base requirement . Supervisor Desch asked what was the cross section of the public road? Mr . Sweezy replied , 8 " of stone , 4 " of asphalt . Town Engineer Olsen noted that the new highway specs call for more stone underneath . Councilman Klein felt it was a mistake to accept less than a good base . Councilman Whitcomb asked if previous renditions of this project has required Town Board action in terms of changing the local law and this one does not ? For example in 1983 , 1987 and 1988 the local law was amended by the Town Board because the plan had changed significantly from the Manos proposal ? Town Attorney Barney remarked that a couple of changes were necessary because of the expiration date of the time of the start of construction and completion . There was also some changes made Town Board Minutes 14 September 11 , 1989 in the language in terms of approvals and that sort of thing . Whether those changes were caused by a change in plan he did not know . We looked at this a little bit and tended to think that once you zone multiple residence under the terms of the latest draft of the local law that the delegation of the Planning Board to take care of any changes in the plan . Attorney Barney read portions of the local law, as adopted . Councilwoman Raffensperger stated that she did not understand the number three item in the resolution before the Board . While we receive a list of waivers the Town Board does not approve or disapprove! them , so she was not sure why it was included in the resolution. . Town Planner Beeners replied that if the Board wanted to remove it , that was fine . Councilwoman Raffensperger went on to say that she would think the Board would want to delete the word " sidewalk " in the final paragraph . Town Attorney Barney remarked , while the responsibility for maintaining them he felt was contemplated to be the responsibility of the developer , the location of them would be within the right-of-x4ray so he felt the location should be approved . Town Planner Beeners felt there should be a final look by the Town Board of whatever format they use to manage and control the open space are<<s and perhaps it could be added to this resolution . Supervisor Desch asked why it was different here than in any other project ? Town Planner Beeners replied that she didn ' t think it was spelled out in any of the conditions of the Planning Board and there is a large number of street trees , a large amount of sidewalk and scene peculiar :Lawn areas that will have to be maintained but not by the Town . Supervisor Desch replied , will we need to look at a homeowners document at some time ? Town Attorney Barney replied , that is one of the problems we are having with this , the developer would prefer not to have a homeowners association and he felt the Planning Board and the Town Attorney preferred there be scene kind of mechanism established to control the open space . So they are attempting to come up with some solution . Town Planner Beeners remarked that there has to be some kind of acknowledgement of the maintenance of those areas . Councilman Klein remarked that his earlier comment about the apparent deviation from the road specifications , the Planning Board resolution in " 2 , i " states the roads proposed for dedication to the Town and those roads proposed for private ownership shall be constructed in accordance with Town of Ithaca specifications and unless modified by the consent of the Town Engineer and the Town Board . He stated that he just wanted to make sure that this resolution accepting the roads modifies our specifications . Do we need to e:Kclude that somehow? Supervisor Desch suggested it be made a condition in the resolution . RESOLUTION NO . 230 Town Board! Minutes 15 September 11 , 1989 Motion by Councilwoman Raffensperger , seconded by Councilman Klein , WHEREAS , -the Town of Ithaca Subdivision Regulations require the approval of the location of proposed public roads and other proposed public facilities as a part of any Preliminary Subdivision approval , and WHEREAS , -the Planning Board at a Public Hearing on September 5 , 1989 , as adjourned from August 1 , 1989 , granted Preliminary Subdivision approval and Preliminary Site Plan approval to the proposed "Chase Pond " development , proposed to consist of 119 clustered dwelling units in attached and detached configurations on 23 . 03 acres located on East King Road near Ridgecrest Road , Town of Ithaca Tax Parcel No . 6-44- 1-4 . 311 , Multiple Residence District , subject to certain conditions and requirements , THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca approve and hereby does approve the locations of proposed public roads , utilities and the proposed public trail easement subject to the conditions and requirements of the Planning Board resolution of September 5 , 1989 , and to all other subsequent conditions and requirements pertinent to such proposed public facilities , and FURTHER BE IT RESOLVED , that it be conditional on the submission of an agreement for approval by the Town Board with respect to the maintenance and replacement of lawn areas , sidewalks and street trees within the proposed street right-of-way by the developer or by subsequent property owners prior to the issuance of any building permits , and FURTHER BE IT RESOLVED , that the roads shall be constructed in accordance with Town of Ithaca specifications unless modified with the consent of the Town Engineer or the Town Board . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ACCEPTANCE' OF CHASE LANE Town Attorney Barney asked if a letter of credit was needed .) Town Engineer Olsen replied , we still have a letter of credit for the entire subdivision which is far in excess of what is needed . The Town Attorney suggested that a reference to the letter of credit should be added to the resolution . RESOLUTION NO , 231 Motion by Councilman Bartholf , seconded by Councilman Whitcomb , WHEREAS , with respect to the Chase Farm Subdivision , Phase I , located off East King Road , ButterField Associates I , have substantially completed construction of Chase Lane and LaGrand Court , walkways , culverts , storm drainage improvements , and water and sanitary sewer mains ,, and WHEREAS , final inspection of the roadway construction has been performed by the Town Engineer and the Town Highway Superintendent on the northern 750 +/- linear feet of Chase Lane , and preliminary inspection has been performed on LaGrand Court and the remaining 1 , 225 +/- linear feet of Chase Lane , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts said Chase Lane and said LaGrand Court , the Town Board Minutes 16 September 11 , 1989 length of Chase Lane being 1 , 975 +/ - linear feet measured along its centerline from the southern right-of-way line of East King Road to the end of Phase I construction , and the length of LaGrand Court being 530 +/ - linear feet measured along its centerline from the centerline of Chase Lane to the center of the cul-de-sac , as shown on the Final Subdivision Plat as approved by the Planning Board of the Town of Ithaca on October 18 , 1988 , as Town Highways , subject to surface treatment of LaGrand Court and the southern 1 , 225 +/ - linear feet of Chase Lane acceptable to the Town Engineer and the Town Highway Superintendent , and , receipt of deed and marketable title for the highway lands , satisfactory to the Town Engineer and the Town Attorney , receipt of easements for the sanitary sewer mains and water mains , satisfactory to the Town Engineer and the Town Attorney , receipt of an agreement satisfactory to the Town Engineer and the Town Attorney outlining maintenance of walkways to be the responsibility of adjacent property owners , and receipt of temporary easements for temporary emergency access road and temporary turn-around satisfactory to the Town Engineer and the Town Attorney ,, and FURTHER RESOLVED , that sufficient funds be retained from any funds returned or released from the letter of credit presently held by the Town in connection with this project , to assure completion of the roads being accepted by this resolution , the amount to be retained -to be determined by the Town Engineer . (Desch , M."Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING LOCAL LAW N0 . 1 - 1985 , REPEALING THE DENYING OF E? Emp'TioNS FOR VETERANS ON REAL PROPER'T'Y Proof of posting and publication of a notice of a public hearing to consider a local law amending Local Law No . 1 - 1985 , repealing the denying of exemptions for veterans on real property having been presented by the Town Clerk , the Supervisor opened the public hearing . LOCAL LAW NO . 4 - 1989 Motion by Supervisor Desch ; seconded by Councilman McPeak , LOCAL LAW NO . 4 - 1989 A LOCAL LAW REPEALING LOCAL LAW N0 . 1 OF THE YEAR 1985 AND BY SUCH REPEAL AUTHORIZING THE VETERANS FXEMPTION PROVIDED BY SECTION 458-A OF THE REAL PROPERTY TAX LAW Section 1 . Pursuant to the authority and provisions of Subdivision 4 of Section 458-A of the Real Property Tax Law of the State of New York , the Town of Ithaca hereby repeals Local Law No . 1 for the year 1985 adopted by the Town Board of the Town of Ithaca entitled "A LOCAL :LAW NOT TO HAVE THE EMTPTION OF SECTION 458-A OF THE REAL PROPERTY TAX LAW APPLY TO THE TOWN OF ITHACA" . Section 2 . By adoption of this local law repealing Local Law No . 1 of the year 1985 the Town of Ithaca hereby elects to have the exemption permitted pursuant to Section 458-A of the Real Property Tax Law in the maximum amount permitted by such law . Section :3 . This local law shall take effect immediately upon filing in the office of the Secretary of State . Town Board Minutes 17 September 11 , 1989 Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilwoman Leary Voting Aye Councilman Klein Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Supervisor Desch Voting Aye Local Law- No . 4 - 1989 , was thereupon declared duly adopted . NEWSLETTER Supervisor Desch noted that Pam Hanna the Towns representative on the Youth Bureau was in the audience in case the Board members had any questions on the part of the Newsletter about the Youth Bureau . The Supervisor suggested that an article on the brush clean up which will be October 30th to November 3rd be included in the Newsletter . Councilwoman Raffensperger noted that sometime ago the Board members received information from the Community Disputes Resolutions Center explaining a new procedure for tenants in mobile home parks , etc . , to call a toll free number . She remarked that if there was space in the Newsletter it might be useful information to include . Town Planner Susan Beeners suggested the wording on the section pertaining to the Planning Consultants report be changed to read public review meetings on the draft report are expected to begin in October and delete the sentence stating that a copy is available for review . RESOLUTION NO , 232 Motion by Councilman Bartholf ; seconded by Councilwoman Leary , RESOLVED , at the Town Board of the Town of Ithaca hereby approve the Town of Ithaca Newsletter # 31 as amended . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Ay' . Nays - none ) . FALL BRUSH CLEAN-UP DAYS RESOLUTION N0 , 233 Motion by Councilman McPeak ,* seconded by Councilman Bartholf , WHEREAS , as it becomes increasingly more difficult for residents in the Town of Ithaca to dispose of brush due to the land fill situation , WHEREAS , as the Highway Department had received numerous phone calls on brush removal by residents of the Town , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Highway and Parks Department to pick up brush from the curbs during the week of October 30 thru November 3 , 1989 . Town Board Minutes 18 September 11 , 1989 (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ABANDONMEi.\IT OF PORTIONS OF BURNS ROAD Town Attorney Barney stated that the process includes the Highway Superintendent ' s certification and then the Town Board requests a public hearing before the County Highway Superintendent and signs a certification to that effect . RESOLUTION NO . 234 Motion by Councilman MCPeak , seconded by Councilman Bartholf , WHEREAS , JOHN OZOLINS , Superintendent of Highways of the Town of Ithaca , Tompkins County , New York , has duly certified in writing that the portion of Burns Road (a Town Highway , in the Town of Ithaca) , described in Schedule "A" which is attached , has not for the last two ( 2 ) years or longer been usually traveled along the greater part thereof , by more than two vehicles daily , in addition to pedestrians and persons on horseback , and that a qualified abandonment is proper and will not cause injustice or hardship to the owner or occupant of any lands adjoining such highway . WE , the members of the Town Board , do hereby consent to the making and filing of said certificate and request the Superintendent of Highways of the County of Tompkins to proceed in accordance with the provisions of Section 205 of the Highway Law of New York , and hold a hearing on this application . SCHEDULE "A" ALL THAT TRACT OR PARCEL OF LAND , situate in the Town of Ithaca , County of Tompkins and State of New York , bounded and described as follows : BEGINNING at a point in the southerly right-of-way line of the new Burns Road , which point lies 80 feet , plus or minus , westerly of a pin set in the southerly right-of-way of new Burns Road and which pin lies on a curve to the right having a radius of 706 . 2 feet , a cord length of 325 . 4 feet , and a chord bearing of South 57 degrees 02 minutes West an arc distance of 328 . 2 feet from a pin set in the southerly right-of-way of the new Burns Road and which second pin is set opposite the west end of the new bridge over Six Mile Creek , THENCE southeasterly along the center line of old Burns Road as it bends and turns to a point in the northerly bank of Six Mile Creek , THENCE from a point in the southerly bank of Six Mile Creek opposite the last mentioned point running southerly along the centerline of old Burns Road as it bends and turns , THENCE along the centerline of old Burns Road on a large curve to the left , THENCE running northerly along the old centerline of old Burns Road to a pin set in the southerly right-of-way line of the new Burns Road . This pin is set the following courses and distances from the second pin described above : North 38 degrees 33 minutes East 337 . 5 feet to a pin , thence on a curve to the right having a radius of 1 , 081 . 3 feet a chord length of 511 . 4 feet a chord bearing of North 57 degrees 12 m:inutes East an arc distance of 516 . 3 feet . Town Board Minutes 19 September 11 , 1989 The above described premises are more particularly shown on a survey map entitled "PORTION OF BURNS ROAD SHOWING NEW LOCATION THROUGH CITY OF ITHACA WATER SHED , TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , " dated March 13 , 1989 by T . G . Millers Licensed Surveyors . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . APPOINTMENT OF ASSISTANT BUILDING INSPECTOR/ ZONING OFFICER RESOLUTION NO , 235 Motion by Councilwoman Leary , seconded by Councilman Bartholf , WHEREAS , the Search Committee received 5 resumes for the position of Assistant Zoning Officer/Building Inspector and 4 candidates were personally interviewed , and WHEREAS , the consensus of the Personnel Committee was to select Mr . Paul Hansen as the candidate of choice and recommend his appointment to the Town Board , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca approve the appointment of and does hereby appoint Mr . Paul Hansen as Assistant Zoning Officer/Building Inspector with an expected start date of September 25 , 1989 , at an annual salary of $ 21 , 500 , with consideration for a salary increase upon successful completion of a 6-month probationary period . (Desch , M:cPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . APPOINTMENT OF SECRETARY TO BUILDING INSPECTOR/ ZONING OFFICER RESOLUTION NO , 236 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Leary WHEREAS , the Search Committee received 14 resumes for the position of Department Secretary , Building Inspector/ Zoning and 6 candidates were personally interviewed , and WHEREAS , the consensus of the Search Committee was to select Ms . Susan Elkins as the candidate of choice and recommend her appointment to the Town Board , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca approve the appointment of and does hereby appoint Ms . Susan Elkins as Department Secretary , Building/ Zoning to begin employment on September 25 , 1989 , at an hourly rate of $ 8 . 00 , with consideration for a salary increase upon successful completion of a 6-month probationary period . (Desch , M:CPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE CONCERNING OCCUPANCY BY UNRELATED PERSONS Proof of ;posting and publication of a notice of a public hearing to consider a local law amending the Zoning Ordinance concerning Town Board Minutes 20 September 11 , 1989 occupancy by unrelated persons having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch noted the letter from Edward King dated September 8 , 1989 regarding the Amendment of Zoning Ordinance "Family" etc . , # vehicles . Supervisor Desch noted some suggested changes from the Zoning Board of Appeals in a letter from the Chairman Henry Aron dated September 7 , 1989 . He asked if all of the recommendation had been included in the draft that the Board has ? Town Attorney Barney replied no , there are no recommendations included in the draft . He stated that he wanted guidance from this Board has to what they wanted to do . Bill Hilker asked if the draft addressed automobiles as well as the number of occupants ? Rose Gostainian , 1058 Danby Road as what was the point of this resolution , why are you limiting it to three people rather than four or five or two? What is the point of it? Town Attorney Barney replied that the object was to maintain what are traditionally , a residential family neighborhoods , the ambience of a residential neighborhood is this is an effort to try to regulate the occupancy in order to maintain that kind of ambience . Karl Nik]_as , 1005 Danby Road stated that he had a position paper from the Greater Ithaca Neighborhood Association as follows : "The Greater Ithaca Neighborhood Association (GINA) supports the efforts of the Town to establish a law capable of defining the legal limits of occupancy . Such a law should be able to be upheld in the state courts . It should respect the economic needs of the poor and the aged , who by necessity sometimes live together in large functional groups . It should attempt to focus restrictions on the nim1ber of individuals living together in a manner that is not compatible with the definition of either a functional or biological family . GINA feels that the initial drafts with their recent revisions represent. what appear to be sincere efforts to deal with the unfortunate and sometimes very unpleasant consequences of over crowding . Itinerate groups place established neighborhoods under the greatest pressure but are nonetheless a currently persistent and all too pervasive element in our town . The town needs a schedule of fines and a mechanism of enforcement to parallel its occupancy laws . Without substantial penalties and without constant enforcement any town law or ordinance becomes a "Paper Dragon " abused by the wealthy and clever and resented by the poor because of its inequality . " Mr . Niklas went on to say that there were three things which the Executive Board was concerned with and that the law should identify groups of individuals who do not fulfill the legal requirements for the functional or biological family and we think the draft laws attempt is within that focus . We feel that infact , that those groups of people whether you want to call them itinerant or transient. that they have the most disastrous consequences on our established neighborhood , as the Town Attorney just mentioned . We also feel , however , that there is a real need to establish a vigilance! and substantial penalties for the violation of whatever format this law takes . We really feel that there have been opportunities for people to take economic advantage of circumstances . The penalties should in some way measure up to the economic benefits for avoiding the law . Town Board Minutes 21 September 11 , 1989 Bill Hilk:er , 277 Burns Road stated that the first thing that came to his mind was the obvious reference to a certain group of people which made it pretty pointed as to why the law is being put forth . We may be in trouble with this kind of discrimination and it may not be enforceable . He felt the whole thing should be reworded , at least to the point where discrimination is taken out . The second thing is , we have laws on the books that cover almost everything that is within this law, Noise Ordinance , Parking Ordinance , etc . Those laws are on the books and if they were enforced possibly there is not need for this law to be before the Board . Also , the limiting of the number of vehicles to residences he felt was a very restrictive form of penalizing . He stated that he would hate to see the Board impose this on the general population of the Town of Ithaca and he would like to see the automobile regulation taken out of the law . Herbert Monkemeyer , 1058 Danby Road stated that he felt it was a great economic issue for the whole town and what he was afraid of what the Town was going to get into was higher rents for students . Nobody has really studied that . If people are renting four people one house! and you want to cut the number to two the rent for two is going to go up . The taxes are the same , the heating is the same , all the expenses to landlord is the same . You can set a limit on the number of students that are using the house , it means the rent is going to go up , its got to do that . He asked , and we want to do that , he didn ' t think the Town did . Some landlords will benefit greatly and that was the reason he was opposed to it , it means we are going to get into a very bad economic situation . Ithaca relies upon the students , we shouldn ' t reject them , we shouldn ' t make them feel rejected . They haven ' t been given any notice of this hearing and they are the ones most concerned . There is not one student here and they are the ones most concerned . Councilwoman Raffensperger stated that there needs to be a clarification , basically this is not a substantial change in the Zoning Ordinance except for some minor changes . For example , the parking is a change . But basically the occupancy regulations are what they have been in the past and what the Town has wished to enforce in the past except that in one case one more person is permitted in a two family dwelling unit and that there is a restriction on the number of persons who might be in multiple residences . Basically this is a clarification of our law because of recent court decisions . Councilman McPeak asked , is there a definition of a one family unit , is a single house a one family unit ? Town Attorney Barney replied , our Ordinance provides that a single family house is one dwelling unit and defines a dwelling unit as providing complete living facilities for one family . Councilman McPeak remarked , if the parking restrictions are deleted then you could have cars parked all over the street . Town Attorney Barney remarked that the Zoning Board requested another paragraph to be added which would allow them impose conditions to assure the occupancy was a family and he was sure one of the conditions they might consider imposing in a certain circumstance might be a limit on the number of vehicles . Supervisor Desch remarked that the Town Attorney needed direction on what to incorporate into the proposed local law . Councilman McPeak asked , who tells the people they have to come to the Zoning Board for approval ? Town Board Minutes 22 September 11 , 1989 Building Inspector/ Zoning Officer Frost replied a couple of things could happen , we would get an inquiry or a complaint and if they haven ' t been to the Zoning Board they would be sited with a violation . Also , it is the property owners responsibility to know what is allowed . Councilman McPeak replied , but what if the property owner lives in California ? He isn ' t going to be showing up at the Zoning Board , Mr . Frost replied , we would be siting the tenant and if they had a lease they would be in violation of the lease . The property owner would be in violation because the building that sits on his property is in violation . Councilman Whitcomb remarked that there was a discrepancy in the number of" people allowed to live in a multiple family dwelling . The original ordinance was two , Planning Board suggests three and the Zoning Board suggests four . Councilwoman Leary remarked that people could gang up in an apartment and not even live like a family but they are permanent residents and it should like even two people doing that would not be allowed . Town Attorney Barney added , more than two , Councilwoman Leary continued , more than two . So if were three , for example not living as a family . . . . . . Town Attorney Barney replied , three people in a single house it would have a difficultly . As drawn in multiple residence , if the Board adopts or does not adopt the recommendation of the Planning Board or the Zoning Board , then it would also apply to multiple . He stated that he felt it should be expanded somewhat to multiple residence to permit larger groups . Councilwoman Leary replied that when you go down the test list for a family there were a couple of things she did not think should be in there , like whether or not there are any children enrolled in local schools , right there you are discriminating against people with no kids . Town Attorney Barney replied , this is not a list that in order to qualify you must meet every single item . You may consider these items . The object there was to try and set out the types of things that one looks at . He stated that the problem he had with large or any groups of people you take away the language referring to them living like a family , you now are thrown back into the Court of Appeals decision which says you can ' t regulate . The only way you really can regulate is to say it is not a biological family but they operate like one . It ' s drawn with that legal parameter in mind and that ' s what bring forth all the stuff about licenses and children and all the rest . Councilwoman Leary replied that some of it seemed unnecessary . Do you need things like are householders employed in the local area ? A persons employment status shouldn ' t count as to whether or not they are local or a family . Whether or not the unit has been living together for an extended period of time . Here again , whether people can live together for economic reasons . Town Attorney Barney asked Councilwoman Leary what she wanted to regulate . He stated that he could take all of it out ifyouu want but then what are you attempting to regulate ? What criteria are you going to give to the BZA to make a determination ? Town Board Minutes 23 September 11 , 1989 Councilman Klein replied , what you are seeing here is that whatever you want in a single family dwelling more than two unrelated people they have to go to the ZBA to get approval for . It would preclude situations that Councilwoman Leary was talking about . They are allowed to grant that so if you have seemingly permanent people , three , fcur or five for economic reasons wishing to live together the ZBA can grant that . Councilwoman Leary replied that she was confused about the section that says a family consists of two or more . Town Attorney Barney replied , under this proposal you can also have a roomer . Councilwoman Leary remarked , what this also says is if you are two people and you are not a family you can ' t live in a hone . Town Attorney Barney replied , no . What this says is you may live in a home! , in a single family house , plus you can have one other person and not be a family . Ron Ronsvalle , 628 Coddington Road remarked , if you have four related people and two unrelated people living in an apartment you could have six cars . Councilman Whitcomb remarked that there were so many different situations in the Town that he was not sure you could regulate and instead of putting Mr . King ' s suggestions in he felt it would be better not to regulate parking at all . Councilwoman Raffensperger remarked , the Board of Zoning Appeals has a sentence in there in which they attempt to address their problem with parking as a matter of a condition that might be imposed . If there sentence could be made a little more explicit and when she read it it never occurred to her that it had anything to do with parking . If there were some examples of conditions that might be considered . Supervisor Desch remarked , then we agree to take parking out and put in something like the BZA suggested . Councilwoman Leary remarked , look at the one family dwelling on page 6 . . . ,, not an individual plus and individual , it has to be a family plus an individual . Town Attorney Barney replied , but the definition of a family is two individuals . Councilwomen Leary replied but this doesn ' t allow for an individual plus a roomer it only allows for a family plus a roomer . It doesn ' t allow two canpletely unrelated roomers and she would like this changed . RESOLUTION NO , 237 Motion by Supervisor Desch ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn the public: hearing to consider a local law amending the Zoning Ordinance concerning occupancy by unrelated persons until 6 : 30 P . M . , on a.�tober 2 , 1989 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . Town Board Minutes 24 September 11 , 1989 PUBLIC BEARING TO CONSIDER A LOCAL LAW AMENDING SECTION 75 OF THE ZONING ORDINANCE Proof of posting and publication of a notice of a public hearing to consider a local law amending Section 75 of the Zoning Ordinance having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Barney stated that this came about because Section 75 was amended twice . The first time it was amended in conjunction with the .modifications we made in the laws relating to the Uniform Fire and Building Code of the State of New York , so for example , the $ 10 , 000 requirement for a building permit and etc . , were incorporated into that amendment and they are also in our local law which governs the issuance of building permits under the Uniform Fire and Prevention Code . Then we came in an amended it again because we wanted to pick up parking in order to require building permits in certain circumstances . We went back and looked at the original ,Section 75 and neglected to pick up the amendments that were made in connection with the Uniform Fire and Prevention Code . We discovered the error . You are not changing policy , just putting together the previous two amendments . Councilwoman Raffensperger asked , in number 3 does it mean each such spacE! costs less ? Town Attorney Barney replied that he thought the intent of the drafts person was that whatever the construction was at that point in time would be less than $ 10 , 000 . As no one presented wished to speak , the Supervisor closed the public hearing . LOCAL LAW NO . 5 - 1989 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , LOCAL LAW :NO . 5 - 1989 A LOCAL LAW TO AMEND SECTION 75 OF THE ZONING ORDINANCE IN RESPECT TO CERTAIN ADMINISTRATIVE MATTERS The Zoning Ordinance of the Town of Ithaca as readopted , amended , and revised , effective February 26 , 1968 , and subsequently amended , be further amended as follows . 1 . Article XIV , Section 75 , first paragraph , is deleted , and the following paragraphs inserted to read as follows . "Section 75 . Permit to Build . No principal building or accessory building , nor any other structure , including but not limited to , tanks , power and pump stations , swimming pools , and signs ( except as permitted by the Town of Ithaca Sign Law) , in any district , shall be begun , erected , constructed , enlarged , improved , renovated , repaired , or altered , without a permit, to build , issued by the person designated by the Town Board ,, except that no building permit shall be required for . 16 Repairs , alterations , or renovations to existing buildings provided that the repairs , alterations , or renovations . ( a) cost less than $ 10 , 000 . 00 , Town Board Minutes 25 September 11 , 1989 (b) do not materially affect structural features of the building , ( c ) do not affect fire safety features such as smoke detectors , sprinklers , required fire separations and exits , (d) do not involve the installation or extension of electrical , plumbing , or heating systems , and (e ) do not include the installation of solid fuel burning heating appliances and associated chimneys and flues . 2 . An accessory building in an agricultural or residential district , provided that such building : ( a) costs less than $ 3 , 000 . 00 , (b) is less than 12 feet in height ; ( c ) does not involve the installation or extension of electrical , plumbing , or heating systems , and (d ) does not include the installation of solid fuel burning heating appliances and associated chimneys and flues . 3 . Parking spaces in R5 , R9 , R15 , R30 , and agricultural districts provided that such parking spaces cost less than $ 10 , 000 . 00 This waiver of the permit to build requirement for alterations , accessory buildings , and parking spaces shall in no case relieve the property owner from compliance with other provisions of this ordinance or of the New York State Uniform Fire Prevention and Building Code , or any successor ordinances or statutes . 2 . Article XIV , Section 75 , second paragraph (excluding the second paragraph added by the amendment above ) is amended to read as follows . "No permit to build shall be issued except pursuant to written order of the Board of Appeals , where the proposed construction , alteration , or use would be in violation of any provision of this Ordinance . No such permit shall be issued , except pursuant to written order of the appropriate authority granting variances where the proposed construction , alteration , or use would be in violation of any provision of the New York State Uniform Fire Prevention and Building Code or any successor statute . " This local law shall take effect twenty days after its adoption . Supervisor Desch called for a roll call vote . C'ouncilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Supervisor Desch Voting Aye Town Board Minutes 26 September 11 , 1989 Local Law No . 5 - 1989 was thereupon declared duly adopted . PERSONS TO BE HEARD Laura H . Holmberg , attorney for Mrs . Kyong read the following letter to the Town Board , from her , dated September 11 , 1989 : "Sow 20 :months ago , in January 1988 , Mrs . Kyong presented to this Board a proposal for the rezoning and development of a portion of her 48 acre parcel on Trumansburg Road . You referred it to the Planning Board . There were two public hearings on March 15 and April 5 , 1988 after which the Planning Board approved the concept and it cimie back for your consideration and action . Since then there have been five additional public meetings before this Board , but after 20 months no determination . Through all of these public hearings and the many requests for information from the public , Mrs . Kyong and the architect have answered questions , provided additional details including many details which would normally not be required at this point in a development plan . As specific information as possible under the circumstances has been provided . In order to answer questions raised about traffic on Route 96 and at the octopus , a traffic consultant was hired . He was not hired by the Town but by Mrs . Kyong and then , of course , his conclusions were questioned because he was hired by her . As you can appreciate , I am sure , we watched with disbelief the rezoning of the Babcock parcel for the 140 unit Indian Creek retirement project on the basis of a preliminary site plan . Apparently there was no worry about increased traffic from that development and I gather that those retirees ar expected to do no travelling except to the hospital . Considering the scrutiny to which Mrs' . Kyong ' s project has been subjected , you can understand our wonder at the rapidity with which other developments in the Town have been approved . Why has Mrs . Kyong ' s project been singled out for such drawn-out scrutiny and subsequent inaction? Since 19.59 under the Town ' s comprehensive plan , it has been anticipated that there would be some commercial development on the Tnumansburg Road in the Town . The proposal before you is for a very modest commercial development . It is not a shopping mall . It ' s not going to have a bar nor a restaurant , but would be a neighborhood facility . There were questions raised about the size - shouldn ' t the area rezoned be smaller so that the Town couldn ' t permit expansion in the future ? The answer is Mrs . Kyong doesn ' t want the usual ugly ccm-aercial strip . The extra acres provide opportunity for landscaping and open space and a buffer between the residential area and the commercial space . The multiple housing proposal provides for apartments with two or three units in a structure with an average of two bedrooms per unit some being one bedroom, some three and some two . There would be lower density than is permissible under the present zoning . Mrs . Kyong ' s aim has always been to provide affordable housing . At the request of one of your members that a guarantee of some low-income housing be included in the plan , Mrs . Kyong and the architect spent hours not only with the Board member but in developing the plan which was put forward last January only to be , of course , questioned on specific details which could not possibly be answered at that ,stage of development and which are beside the point of whether or not the area should be rezoned for the purposes requested . Last month I wrote to you asking that the matter be put on your agenda for determination . As far as I can tell , there was no Town Board Minutes 27 September 11 , 1989 reaction whatever from the Board . Mrs . Kyong wants to proceed with developmeazt of her land . It is not going to remain an open field . The present zoning will permit development for single family houses with auxiliary apartments and if that ' s what the Town wants , that ' s probably what will happen . Mrs . Kyong has offered a proposal of which she is proud . It ' s innovative , will serve a need in the area and will be designed by an imaginative architect . As you will remember , Mrs . Kyong was originally concerned about providing housing for nurses at the hospital . Much of the questioning at the public hearing about the rental units centered around students . No one seemed to consider that if affordable housing were available that the Employees in the hospital and the other institutions along Trumansbuxrg Road might be interested in renting . Last January after you closed the public hearing , you deferred action , It was our understanding that the consultant planner was to be directed to consider this request for rezoning immediately after Phase One and that we would have a response within six months . The six months ' delay was a hardship but accepted in good grace by Mrs . Kyong . After eight months , particularly after approval of other projects in the Town and the prospect of further development on hospital lands , there is no justification for further delay . " Councilwoman Leary stated that she had a couple of comments , at the last meeting the Board was not asked to put it on the agenda , the way it was presented to us was in the Supervisor ' s report and was just a point of information . We weren ' t asked for a reply . Supervisor Desch replied that he did ask for counts on the communications . He stated that he did give the Board the opportunity to comment . Councilwoman Leary replied that she thought she remembered the Supervisor saying that he just wanted to bring it up for the Boards information . Councilwoman Raffensperger remarked we do have actually , when you brought it. up and she remembered there had been a petition from people on Danby Road with presently developed parcels in an R9 who wish to be! rezoned R15 , we sent that to the Planning Board asking them for Scare sort of a reaction and in April of this year what they basically said was that they were recommending to the Town Board that. the referral of that wait until such time as the consultant had had an opportunity to evaluate the present comprehensive plan and future comprehensive plan and the impacts thereon . :Cherefore , she stated that she assumed that as far as the Kyong rezoning was concerned that the Planning Board would take the same kind of stands as far as our taking off a rezoning proposal proposal from the table . Supervisor Desch replied that this was somewhat different because the Planning Board had been through the Kyong one whereas that R9-R15 one they haven ' t . Councilwoman Raffensperger remarked that actually there was another difference in that these are already established residences that just happen to be R9 and they want the rezoned to R15 with no possible impacts attached to it . If the Planning Board felt they could not do that until this report is received then she would think doubly that they would think rezoning a vacant land would require the same kind of a stance . Perhaps we should require of the Planning Board if this was meant to be guidance to us in general during this period . Town Board Minutes 28 September 11 , 1989 Supervisor Desch replied , there are several things that can happen , we can either ask the Planning Board to consider the Kyong request , their communication to us , because there basically were two issues at that point that brought about the tabling . One was the desire on the part of the people up there to know where the Route 96 decision was going to go , and we all know where that is , so perhaps it would be appropriate for the Planning Board to take up the request . That ' s up to this Board to refer it , however . Councilwoman Leary remarked , the motion we made in January when we tabled it , didn ' t we specifically include wording about having the consultant planner take a look at the project in Phase II . Councilman Klein added , thats right . After he finished his report of Phase I . Supervisor Desch replied thats right and that ' s the way Mrs . Holmberg phrased it but she referred to six months because we all thought it would be done by then . So that ' s tied to the same question , when does this Board believe that the Phase I report will be back here to us ? Councilwoman Raffensperger replied , the 15th of September . Supervisor Desch added , which would then possibly suggest a scheduling of the Kyong matter . Councilwoman Leary replied , the consultant planner would specifically look at the Kyong project and not necessarily in Phase I . Supervisor Desch asked , when does the time arrive that the consultant planner should be asked to do that ? Councilman Whitcomb asked if the Town Board wanted the Kyong project or any other rezoning project looked at in Phase II or a separate phase? Councimman Leary replied , in Phase II . Councilman Whitcomb remarked , in that case they have a long wait ahead of them . Supervisor Desch remarked , then we will put in on the October 2nd meeting to discuss the Kyong request . The Board :Felt this was fair . FALL PLANN-CNG CONFERENCE Councilman Klein stated that he would strongly push to have a Planner Board member attend the Conference . Supervisor Desch suggested that a couple of Planning Board members should attend . Councilman Klein stated that he would like to make the motion that five person be authorized the attend the conference . Town Attorney Barney stated that he would like to attend and asked Councilman Klein if he would consider making the number six? Councilman Klein agreed . RESOLUTION N0 . 238 Town Board Minutes 29 September 11 , 1989 Motion by Councilman Klein ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a total of up to six persons to attend the New York Planning ]Federation Conference to be held October 15 , 16 , 17 , and 18 , 1989 , at Ellenville , New York , and Fumm B1: IT RESOLVED , that the Town Board hereby authorizes Henry Aron , Eva. Hoffmann , Mary Bryant , John Barney and two unnamed persons from the Planning Board to consist of the total of six persons . (Desch , Mc.Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ACCEPTANCE' OF PINECREST ROAD ( FOYER SUBDIVISION) Town Highway Superintendent Ozolins remarked that there were a couple of areas that were not quite up to par and there should be something in the resolution about a letter of credit for approximately $ 1 , 500 to take care of those areas in case they do fail in a time frame of twelve months . Town Planner Beeners stated that there were a couple of things that she felt needed an explanation in the resolution and also one proposed addition to it . Ms . Beeners went on to say that the plat that was signed off of by the Planning Board had two things that were somewhat in error about it . One being is that we have requested Mr . Poyer make the 20 ' trail right-of-way which runs along the north of the property essentially , have that changed on the plat to make it evident that it would be deeded to the Town and also that that land would be available not only for trail purposes but also for municipal ones , meaning a sewer line and we have had no response to that item . The second item is that when the plat was approved by the Planning Board , in error or omission , we neglected to get the Planning Boards approval of the proposed name , in fact the road name did not even appear on that plat . It is a requirement in the Subdivision Regulations that any proposed road names be approved by the Planning Board . Assistant Planner George Frantz haS done some research into this and because of the similarity of the name Pinecrest Road to a number of other streets in the Ithaca postal and emergency area , it would be our recommendation that the name Pinecrest return to the Planning Board for approval or consideration of a possible alternative name and also that that trail right-of-way terns be changed . Mr . Foyer replied that as far as Pinecrest is concerned he had made a few phone calls to check on the name and that he had checked with Andrew Frost and he made a few inquiries . some of the names they had picked out were turned down but Pinecrest was accepted . The Gas & Electric , Bolton Point , telephone company , etc . , all have the name on their records as Pinecrest , now to go back and change that plus their advertising does not make any sense to him . He stated that he did check this out . Apparently we were supposed to have this name approved back in the beginning but it wasn ' t done . Assistant Planner Frantz asked Mr . Poyer , did he get this before or after his letter of April 11th , requesting that you change the name . Mr . Poyer replied that the name of Pinecrest was decided before . Mr . Frantz replied that that was why he had written Mr . Poyer a letter dated April 11th requesting that the name be changed at that point . Town Board Minutes 30 September 11 , 1989 Mr . Poyer replied that he had talked to Susan Beeners about it and he had talked to Andrew Frost about it , also . Supervisor- Desch asked Mr . Poyer if he had any problem with the 20 ' easement and did he see that as a problem in making that a condition? Mr . Poyer replied that he did , because first of all you wanted a 60 ' right-of-way for a future road , now you want a 20 ' right-of-way to put water and sewer and whatever else through this 20 ' trail . Why do you want to change it again , this was accepted as a 20 ' trail . Supervisor Desch replied that it would be for all three purposes . Town Planner Beeners remarked , it would be at least for the sewer and trail purposes . It made sense in looking at it from the standpoint of what would possibly be developing as far as adjacent properties and it became evident after the subdivision was reviewed that there was a possible lost opportunity as far as providing sewer . Councilwoman Raffensperger remarked that she did not see how this possibly could be worked out in a Town Board meeting . Supervisor Desch stated that he agreed . Mr . Poyer stated that he had no problem with putting up a letter of credit but changing the road name , he stated that he would like to stay with -the name because he had checked into it . Supervisor Desch suggested that perhaps it should be adjourned until October 2nd meeting . If there is another way to separately address the easement and the name , okay , but he was not sure of another way . Supervisor Desch asked the Town Planner what was she going to add in the way of words to the resolution? Town Planner Beener replied that the wording that she had shown within the resolution she felt was okay now but that she had more concern as to whether this really is the appropriate place to try to get this straightened out . There has been correspondence over a number of months , or perhaps whether there is some way to apply it to some other compliance such as an examination later on in the subdivision . Supervisor Desch remarked , hasn ' t what you want to accomplish been incorporated since you have the comment " satisfactory to the Town Supervisor ,, Town Planner and Town Attorney" ? Providing he adds this letter of credit or do you want to change this where it says 20 ' trail :right-of-way to 20 ' trail and utility right-of-way? It seems as though it is broad enough . Town Planner Beeners replied that the wording in the resolution satisfies here . Councilwoman Raffensperger asked if Mr . Poyer had seen the resolution? Town Planner Beeners replied that one of the reasons she was bringing it: up is that the proposed resolution had not been totally conveyed to Mr . Poyer . He is aware that that trail right-of-way item is outstanding as far as our prior correspondence goes . Supervisor Desch remarked that if this resolution is adopted it doesn ' t mean it can ' t be brought back and amended if there is Town Board Minutes 31 September 11 , 1989 disagreement . But because Mr . Poyer is time driven , the question of the road name needs to be resolved . RESOLUTION NO . 239 Motion by Councilman Klein , seconded by Councilman McPeak , WHEREAS , with respect to the Poyer Subdivision off DuBois Road , Kenneth A. . Poyer has substantially completed construction of the road presently shown as Pinecrest Road , culverts , storm drainage improvements , and water and sanitary sewer mains , and WHEREAS , final inspection of the roadway construction has been performed by the Town Engineer and the Town Highway Superintendent , and WHEREAS , the road appears by such inspection to be substantially satisfactory , except for two areas which may require work over the next year at a cost of approximately $ 1 , 500 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts said road presently shown as Pinecrest Road , the length. being 680 +/ - linear feet measured along its center line from the centerline of DuBois Road to the center of the cul-de- sac , as shown on the Final Subdivision Plat as approved by the Planning Board of the Town of Ithaca on October 41 1988 , as a Town Highway , subject to receipt of deed and marketable title for the highway lands , satisfactory to the Town Engineer and the Town Attorney and including deed and marketable title to the 60-foot road reservation for future development , and receipt of deed and marketable title to the lands shown as 1120 ' trail right-of-way " , satisfactory to the Town Supervisor , Town Planner , and Town Attorney , with such lands intended for both trail and other municipal purposes are subject to receipt by the Town Engineer of a letter of credit or other security in a form satisfactory to the Town Attorney in an amount of $ 1 , 500 to be held by the Town as security for the repair of the road if required over the next year ; and subject to the final determination of the name of the road by the Planning Board . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . REPORT ON CITY OF ITHACA PROPOSED SIX MILE CREEK OPEN SPACE & WATER SHED PROTECTION AREA Town Planner Beener stated that she thought the Board members had received a letter from H . M . Van Cort on the " Six-Mile Creek Open Space and Watershed Protection Program" , dated August 2 , 1989 : "This is to follow up our meeting on August 1 , 1989 , regarding the proposed Six-Mile Creek Open Space and Watershed Protection Program . Per our agreement , please find attached a copy of the Six-Mile Creek 400 scale map prepared by your office on which we have shown the proposed boundaries of the Six-Mile Creek Open Space and Watershed Protection area . It should be emphasized that the boundaries shown are for conceptual purposes only and that further refinements are to be made through discussion between the city and town and as the issues involved in preservation are more clearly identified and defined . In general ,, the land in the preservation area is to be used for passive recreation such as bird watching and nature walks , etc . The trails; will be scaled for walking . Recommendations for i��o� �hnnnnnn�nonuswmunwinnn��inum � ncninaanunn�� Town Board Minutes 32 September 11 , 1989 management of the area including use of the gorge ranger , etc . , will be determined by agreement between the city and town . It is further recommended that any future modifications of the use and management of this open space would be implemented after review and agreement between the city and the town . I would appreciate your reviewing the map and the below notes on our meeting and making any suggestions for modifications as you see fit . If after you have completed your review, there are no major modifications , I would recommend that we proceed immediately to a Joint meeting of the city and town or separate meetings of your elected officials and ours in which these recommendations can be reviewed with an eye toward action by the respective bodies as soon as possible . If the boundaries are accepted in concept , staffs of the city and town will again meet to make further suggestions regarding the means by which the various areas are to be protected whether it be through acquisition of title with or without credit under the alienation. proposal , through negotiation or eminent domain , acquisition of easements , or other mechanisms . We would ask that the town give consideration to the city ' s request that we be immediately notified if there are any indications that parcels in the protection area are under consideration for subdivision or develoFnient . Such notification would enable the city to take timely action--with concurrence of the town--to acquire any threatened property . We would also request that the town agree to the city ' s beginning negotiations with property owners in the protection area so that options for purchase , title , or easements may be acquired from willing ommers . Finally , we would recommend that upon approval of the concept plan , that the c:ity and town staffs work together on a work outline for a canprehens:ive land use and management plan for the area . Thank you very mach for your cooperation and suggestions regarding this program . I look forward to your continents and to working together with you and other town officials to make this program a success , creating a legacy of open space for future residents of both jurisdictions . " The Town Planner went on to say that this is basically the first correspondence she had received from the City since there was a meeting earlier this spring . She stated that she was not fully in agreement that this type of letter was sent . What has been submitted with this is a very preliminary proposed Six-Mile Creek Protection Area map . Initial comments , as far as staff is concerned , is that it does not seem desirable to turn all of that into recreation land or preservation land at this time without further study . Their program of just how that land is preserved or used is subject to a whole variety of mechanisms which could be included i,1 some kind of a conservation ruling . She stated that she was certainly not in a position , either as part of this job or what is proposed to give Mr . Van Cort any kind of conceptual approval herself on this . She suggested that the proposal either be submittled to the Planning Board or there be some kind of a subcommittee to take a look at it . We will be meeting with sane of the City Planning staff to try to figure out exactly what they are looking for here and hopefully there will be a more explicit proposal put together . Supervisor Desch stated that he would like to suggest that this be referred to the committee that consisted of Councilman Whitcanb , IA�1®1116rwirnnn�memim Town Board Minutes 33 September 11 , 1989 Bill Lesser , Carolyn Grigorov and himself for discussion . He stated that it was appropriate to report the proposal to the Planning Board , in any event . It ' s clear that a great deal more work will have to be done before anything useful canes back out of it . Councilman Klein added , with the specific request that the Town notify the City whether there are any parcels under development consideration . Town Planner Beeners replied , that she thought she need some guidance in that because she did not know what . . . . when is that type of notification appropriate ? They do receive our agenda and she was not sure about confidentiality of an applicant that she should recognize . Supervisor Desch replied , as an adjacent property owner wouldn ' t they be notified if plans were submitted by any of the property owners . Councilman. Klein remarked that he though Mr . Van Cort was asking to be notified when a person walks in the door . Supervisor Desch remarked that that was why he thought Stewart Browns suggestion was a good one , that a representative of their Planning Board attend our Planning Board meetings and one from ours attend their meetings . FALL CREEK RECREATIONAL RIVER PROPOSAL Margaret Fabrizio read the following letter from Daniel Hoffman dated August 29 , 1989 , address to Honorable Martin Luster , Assemblym&-i and members of the Ithaca and Dryden Town Boards : " I regret that due to a prior commitment , I am unable to attend tonight ' s meeting concerning the designation of Fall Creek as a recreational river . However , as a member of Common Council and Chairman of the City ' s Hydropower ConTCLission , I thought it might be helpful if I submitted a few written camments for your considerat.i.on . I want to make it clear that the City ' s Hydropower Commission is strongly in favor of recreational designation for Fall Creek . In the past year and a half , it has become increasingly clear to members of the Commission that hydropower no longer holds the econanic promise it did when the first proposals for Ithaca Falls arose . A City built plant could be at least in the short term , a financial .liability for taxpayers . Many residents remain opposed to any hydropower development at Ithaca Falls . Like many on Common Council , they support City construction of a plant only if there is no other way to prevent private development of hydropower at the Falls . Recreational designation is the most promising alternative to hydropower development that the Commission has considered in the eight year: of its existence . Notwithstanding confusing reports in some of the media , Common Council remains in support of designation , and is committed to pursuing that possibility . That commitment wa made in an April comwn Council resolution , and has not been superceded by any subsequent legislation . Because designation is not a certainty , the City must take certain other steps , at the same time that it is pursuing designation , to preserve its existing hydropower license and the option to build its own plant , if it appears that other , less public minded parties �orrn ■Y�t�ut�ur®rr�am�o��inrtniorinunoa�u�� Town Board Minutes 34 September 11 , 1989 cannot be prevented from building a plant . The City has been pursuing -this "dual track " since last Spring . Our investigation of underground hydroplant designs is necessary at this time because of the need to begin final engineering studies in a a few months in the absence of designation) . This step is not a "mixed message " and should not be interpreted as any weakening of the City ' s strong support for designation . Also , I believe I can speak on behalf of the City Council when I say that iwe are ready to work as closely as necessary with State legislators and with Town officials in forging a mutually acceptablE! proposal for designation and protection of this unique and important local natural resource . " Ms . Fabrizio went on to say that a couple of days ago they received a letter from DEC which clarifies this issue of outstanding " 401 ' s " and it mal4:e it absolutely clear that the " 401 ' s " that were issued to Cornell and to the outside developer are no longer valid and will not be -honored by the DEC if the City surrenders it ' s license and they were to reapply for hydropower licensing . What that means is that a designation definitely precludes hydropower development at Ithaca Falls since the City is the only holder of a valid license . So in addition to river protection and conservation here , we will also be preserving Ithaca Falls . The letter? that Ms . Fabrizio referred to is dated September 15 , 1989 from Murdock M . MacKenzie , Chief , Alternate Energy Section regarding Ithaca Falls Hydroelectric Development FERC Proj . Nos . 6744 , 5928 , and 5878 and reads as follows : "The following responds to the questions raised in your August 2 , 1989 letter to Commissioner Jorling concerning the Section 401 Water Quality Certifications (WQC) that were issued by the Department of Environmental Conservation (DEC ) for the referenced project . 1 ) A Section 401 Water Quality Certification (WQC) is considered valid for the term of a license or a viable application for a license . The applications submitted to FERC by Ithaca Falls Development Association ( IFDA) and Cornell University (CU) were denied ( terminated) by FERC on December 1 , 1985 and September 7 , 1987 respectively . Therefore , DEC no longer considers those 401 ' s to be valid . 2 ) In the event of a waiver or default by the City , IFDA and CU will have -the opportunity to reapply to FERC . Such an application would require a new Section 401 WQC from the state . DEC ' s actions regarding -the issuance of the requisite WQC would be governed by the regulations and environmental conditions that prevail at the time of application . 3 ) IFDA and CU have nothing to sell or transfer except the technical information and procedural documentation that was provided in the initial applications to FERC . As I previously stated the resubmission of this information by any party would reopen the state and federal review processes . 4 ) The City of Ithaca does have the right to transfer its license to facilitate development or financial support . Such a transfer would not affect the articles and conditions of the license . " Councilman MCPeak remarked that the City has said they weren ' t going to do anything and the State says the " 401 ' s " are no good . He asked what was the sense in doing anything . i i�1�Yf®I�IIIHY��IIW"llE�®!I!lknn�ummanw.u�� Town Board Minutes 35 September 11 , 1989 Ms . Fabrizio replied , because if it is not designated someone can reapply . Councilman McPeak replied but you would have to be crazy , everyone has said it is economically a disaster . Ms . Fabri:: io replied that it what it is right now , that isn ' t what it was when people first began looking at hydropower . Councilman McPeak replied , depending upon the state of the oil embargo or whatever cones about it might be wise at that time to come up with a scheme that would use that power if we ever needed power rather than some other source of power . Ms . Fabrizi.o replied , that falls would not be usable for hydropower without a proper amount of water . Councilwoman Leary stated that the Town of Dryden did take an action at their meeting . Basically they asked Supervisor to work with the Town of Ithaca , to try that first as a local solution . They didn ' t take a position on the state designation , one way or another . Supervisor Desch felt it was necessary to hear what Dryden had proposed . Councilwoman Raffensperger stated that she thought it was possible that the Board could actually can go along two lines at once instead of saying we either do this or we do that . She stated that if Dryden has asked the Town of Ithaca to enter into this kind of intermunic.ipal effort to indeed draft local legislation which we are more accustomed to doing than anything else , that ought to proceed along those lines and at the same time she felt the lines should be .kept open with (Assemblyman) Marty Luster ' s office in an attempt to add or delete from the State legislation those things , in other words , he said he try to cane up with a bill that would be more or less specific to our particular situation . She stated that she did not think the Town had to choose between those two and she felt the Town could say let ' s do both and see how it canes out . Surely the state legislation working on that may add a little impitus to the effort at the local level to be successful , which she felt would be important . Supervisor Desch added , we already have that available which can be used as a guidance . Councilwomm Leary stated that she liked the idea of local legislation but knowing how everybody else locally works , it takes a while for these things to happen . It ' s bad enough with one municipality . Supervisor Desch agreed saying , it isn ' t easy to get a concensus of three municipalities let alone one to draft something that is going to work . Councilwamm Leary went on to say that sane of the objections we have heard from the people who support the State designation is that the State designation is too weak . This way with a sort of dual approach we could have the best of both worlds . We could have a faster State level law that provides sort of a minimum and then we could sort of take our time , or not , working out something local . Councilwanan Leary asked about a resolution on the item. Supervisor Desch replied no , let ' s see what Dryden is proposing . Town Board Minutes 36 September 11 , 1989 Councilwoman Leary asked , shouldn ' t we at least make a resolution to send to Martin Luster ' s office to have him start drafting a state law? Ms . Fabrizio replied that she thought what Mr . Luster needed was the Boards concerns , there must no be interim boundaries , there must be :interim boundaries , etc . You need to set up a committee that is grilling to set down and just write out those concerns and problems the Board has . Supervisor Desch replied , right . He needs something specific . You really need a joint committee of Dryden/City/Town of Ithaca with a sprinkling constituents . Councilwanan Leary replied that if we can make some sort of definitive statement of what we want at least that is on the record and Dryden will hear something from us , for sure . Supervisor Desch suggested a resolution be drafted for the October meeting setting forth the carittee that would work with Dryden . Councilwoman Raffensperger remarked , we don ' t even have the resolution from Dryden and that she would like to see it . Bill Hilker asked if it wouldn ' t be advisable to have a public hearing on the designation to see if the public was interested in having the Town go ahead on this type of thing . Spending the time and money and it should be up to the public to decide . Councilwoman Raffensperger replied , we have had several public meetings on this where the public could canment . People from Forest Home . Bill Hilker replied , a public hearing? Supervisor Desch replied , no . Councilwoman Raffensperger replied , its been on the agenda , certainly . Councilwoman Leary asked , why do we have to wait we have already talked to Dryden and we know essentially what Dryden directed their Supervisor to do . Why can ' t we have a resolution on our own saying this is th(-3 way we feel , this is our sense as far as Marty Luster ' s part in it . The committee with Dryden is a whole other thing , that is the local approach and that is what is going to take so long . Say that we want to do this but also in the same resolution say we want Marty to pursue state level legislation with a couple of the concerns we have , exempting Forest Hone and whatever we want to put but it doesn ' t have to be a long involved , thing . We have considered this for many many meetings and she would just like to see sc meth_ing concrete coning out of some meeting . Supervisor Desch replied , why don ' t we have you (Councilwoman Leary) and Councilman Whitcomb (who volunteered) draft a resolution for consideration at the October meeting . Councilwoman Raffensperger remarked that she would like to see it in advance ., Town Planner Beener ' s remarked that there seems to have been an enormous amount of unanswered questions at all meetings because this has been presented by a grass roots group and DEC has been rather ambiguous , isn ' t a follow up to Luster who did offer to get answers to questions and find out why DEC wasn ' t giving Cornell Town Board Minutes 37 September 11 , 1989 something in writing , for example . Isn ' t some kind of a follow up really timely now? Supervisor Desch replied , it depends on which course you want to take or if you want to take both courses or do a local course . He felt that issue , and he hadn ' t heard a consensus either way on that . He was concerned about others concern about the length of time the Board is spending and diverting the resources of the staff including legal , technical and otherwise on this issue to the detriment of several other issues . That is why he was asking Councilwoman Leary to draft a resolution as she sees the process going frcan this point . He stated that he really did not think the Board should be committing themselves between now and the October meeting any additional staff time to deal with it . He stated that it was not clear to him that the Board was at a point where they could suggest to Marty what it is we would like him to do . Town Planner Beeners replied that she was only suggesting that Marty answer the questions that were raised and it was apparent everyone thought he would be going back and finding out about . Follow ups , no positions . There was a promise by him to check into many of the aspects . councilman Whitcomb remarked , that can be taken care of with a phone call. . Ronald Ronsvalle , 628 Coddington Road stated that he was at the meeting a week ago , the concensus from the public was that there were a lot: of grey areas and that he did not see any big push for Forest Home , Town of Dryden or the Town of Ithaca to mandate any immediate action of this . There were a lot of unanswered questions . Councilwoman Leary remarked that last month before the meeting with Marty , Councilwoman Raffensperger had a resolution practically in hand . Councilwoman Raffensperger replied that she did think though that after the meeting with Marty that he has opened up the possibility of a number of different ways in which we might look at the goals of the legislation and see whether or not we meet them on a local level , if -we want to have them met on a local level , what goals we have , we have a study , she thought , coming from the Planning Department on it . She stated that while at the time she was perfectly comfortable with the kind of thing of excluding Forest Hone and making sure we could build a bridge and all of these things , she stated that she felt at this point we have some other alternatives that we can pursue and she for one was not willing to say just at this moment that she would present a resolution , a different one , until we see what Dryden has wished to consider . She stated that she did not she how it would do any harm to wait until the second of October . WATER ACCOUNT REFUNDS RESOLUTION N0 . 240 Motion by Councilman MCPeak ; seconded by Councilwoman Raffensperger , ( 1 ) WHEREAS , the customer at 3B Vista Lane paid the December bill twice , oncE! on the quarterly billing and again on the final bill , Town Board Minutes 38 September 11 , 1989 NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 20 . 52 for water , $ 2 . 05 for water surcharge , $ . 52 for sewer , $ 1 . 44 for sewer surcharge , $ . 04 for water penalty and $ . 01 for sewer penalty , total refund of $ 24 . 58 be paid to Del Grover , 415 Hillview Place , Ithaca , New York . Account Number V-3901 . ( 2 ) WHEREAS , the customer at 124 East King Road received an erroneous June bill and a corrected June bill , and WHEREAS , the customer paid both the erroneous June bill and the corrected June bill , NOW THERE'F'ORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 20 . 52 for water , $ . 49 for water surcharge , $ 5 . 87 for sewer and $ . 95 for sewer surcharge , total refund of $ 27 . 83 be paid to M . Bristol - S . Parrott , 200 East King Road , Ithaca , New York . Account Number V-4176 . ( 3 ) WHEREAS , an incorrect final bill was paid by the customer at 117 Terracevie!w Drive , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $6 . 84 for water , $ . 68 for water surcharge and $ . 48 for sewer surcharge , total refund of $ 8 . 00 be paid to James McBrady , Ledgewood Drive , Peaks Island , Maine , 04108 . Account Number W-3353 . • ( 4 ) WHEREAS , an incorrect final bill was paid by the customer at 113 Ridgecrest Road , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 2 . 80 for water , $ . 28 for water surcharge and $ . 19 for sewer surcharge , total refund of $ 3 . 27 be paid to c,teven Sommer , 113 Ridgecrest Road , Ithaca , New York . Account Number F-667 . ( 5 ) WHEREAS , the customer at 121 Winston Drive paid the June water bill twice , once on the June billing and again on the final billing , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 20 . 52 for water , $ 2 . 05 for water surcharge , $ 8 . 76 for sewer , $ 1 . 44 for sewer surcharge and $ 14 . 21 for penalty , total refund of $ 46 . 98 be paid to Dave Auble , 711 West Court Street , Ithaca , New York . Account Number U- 3236 . (Desch , MCPeak , Raffensperger , Bartholf , Leary , Klein and Whitccmb voting Aye . Nays - none ) . NEW YORK STATE BUILDING OFFICIALS CONFERENCE RESOLUTION N0 . 241 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Building Inspector/ Zoning Officer Andrew Frost to attend the New York State Building Officials Conference to be held at the Fallsview Hotel , Ellenville , New York , September 27 , 28 , and 29 , 1989 . Town Board Minutes 39 September 11 , 1989 (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Councilwoman Raffensperger remarked , when we get requests for conferences in the future , and this has nothing to do with the Building Inspector , that we get some kind of a list of conferences that the staff have gone to during the year . She stated that she had cca pletely lost track of who has gotten to go and who hasn ' t . OFFICE OF COURT ADMINISTRATION CONFERENCE RESOLUTION N0 , 242 Motion by Councilman McPeak ,, seconded by Councilman Bartholf , WHEREAS , the Office of Court Administration requires all Town Justices to attend the Office of Court Administration seminar each yea' . NOW THERE17ORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Justice Merton Wallenbeck and Justice Warren Blye to attend the Office of Court Administration seminar at Concord , New York , to be held October 22 , 23 , 24 , and 25 , 1989 . ( $ 75 . 00 plus mileage to be reimbursed by the State and a $ 100 . 00 reimbursement from Stop DWI for each Justice ) . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ACCEPTANCE OF WESTVIEW LANE AND SUNNYVIEW LANE Town Engineer Olsen stated that she had a little bit of drainage work that she wanted Mr . Jonson to do but had been unable to get him on the telephone . Councilwoman Raffensperger noted that the Board had had continued complaints about the drainage there , as recent as a month or two ago . Town Attorney Barney suggested a condition be put in the resolution holding back funds until the drainage problem is resolved . RESOLUTION N0 . 243 Motion by Councilman Klein ; seconded by Councilman Bartholf , WHEREAS , with respect to the Grandview Subdivision off Slaterville Road , Ivai- Jonson has substantially completed construction of Westview Lane and Sunnyview Lane , culverts , storm drainage improvements , and water and sanitary sewer mains , and WHEREAS , final inspection of the roadway construction has been performed by the Town Engineer and the Town Highway Superintendent , NOW THEREFORE IT IS RESOLVED , that the Town Board of the Town of Ithaca hereby accepts said Westview Lane and Sunnyview Lane , the length of Westview Lane being 1 , 960 +/- linear feet measured along its centerline from the centerline of Terraceview Drive to the centerline of Towerview Drive , and the length of Sunnyview Lane being 775 +/- linear feet measured along its centerline from the centerline of Terraceview Drive to the center of the cul-de-sac , as shown on the Final Subdivision Plat as approved by the Planning Board of the Town of Ithaca on March 4 , 1986 , as Town Highways subject to receipt of deed and marketable title for the highway Town Board Minutes 40 September 11 , 1989 lands , satisfactory to the Town Attorney , and receipt of easement for the sanitary sewer main through Lot 21 , satisfactory to the Town Engineer and the Town Attorney and conditional upon holding back the remaining funds , if any , under any existing letter of credit until all drainage problems in the subdivision are corrected by the developer to the satisfaction of the Town Engineer . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SPEED LIMIT REQUESTS RESOLUTION NO . 244 Motion by Councilman McPeakI seconded by Councilwoman Raffensperger , WHEREAS , the portion of Pine Tree Road between Ellis Hollow Road and where the 35 MPH zone is , has had development , and WHEREAS , additionally , traveling between the two posted areas has led to increased speeding , and WHEREAS , the section of Judd Falls Road between Ellis Hollow Road and New York State Route 366 is an unposted area , while other roads have been posted , and WHEREAS , additionally , the volume of traffic has increased in that area , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby petitions the New York State Department of Transportation to post the two roads to a lower speed limit than currently exists . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESOLUTION N0 . 245 Motion by Councilman McPeak , seconded by Councilwoman Raffensperger , WHEREAS , recent construction has completed Woolf Lane as a through street from Trumansburg Road to DuBois Road , and WHEREAS , the alignment of Woolf Lane cannot safely accommodate traffic at its current 55 MPH speed limit , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby requests that the New York State Department of Transportation approve a reduction in speed limit for Woolf Lane from Trumansburg Road to DuBois Road . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye ,. Nays - none) . ACCEPTANCE OF A PORTION OF PARK LANE (TO EDWIN PLACE) Town Engineer Olsen stated that it was the concensus of everybody concerned with the acceptance of roads that we need not accept this at this time . Town Board Minutes 41 September 11 , 1989 Supervisor Desch asked who the originator of the request was ? Town Attorney Barney replied , the originator of the request was the attorney for William Frandsen who submitted a description to us which included this piece which we rejected because the Town had only accepted the portion down to John Street , Supervisor Desch asked if it had been completed? Town Highway Superintendent Ozolins replied that the only concern he had with this was that this is the section that he keeps running his equipment in and out of . There are now houses effecting this . SALARY FOR RECORDING SECRETARY FOR COMPREHENSIVE PLANNING COMMITTEE RESOLUTION? N0 . 246 Motion b,Y Councilwoman Raffensperger ; seconded by Councilman McPeak , WHEREAS , the Comprehensive Planning Subconnittee has requested that the Town Board consider an increase in the payment for the Recording Secretary of the Committee , and WHEREAS , the time required to produce the verbatim minutes of the Committee takes considerably longer than originally anticipated , NOW THEREFORE BE IT RESOLVED , that the Recording Secretary be paid at the rate of $ 8 /hour time spent at Committee meetings and $ 6 /hour spent transcribing the minutes , and BE IT FURTHER RESOLVED , that Ms . Connie Holcomb be paid at this rate retroactive to include the April 1989 meeting since that is the date of the request . It is estimated that the cost to record and transcribe the minutes for each meeting will be $ 120 4150 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TOWN OF I'I HACA WARRANTS RESOLUTION N0 . 247 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated September 11 , 1989 , in the following amounts General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . $ 74 , 815 . 25 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . $ 43 , 677 . 03 Water and Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 131 , 611 . 47 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100 , 885 . 92 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37 , 433 . 01 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 456 . 51 (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye „ Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 248 Town Board Minutes 42 September 11 , 1989 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Bolton Point Warrants dated September 11 , 1989 , in the Operating Budget are hereby approved in the amount of $ 561 , 584 . 85 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , N[CPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . AUGUST FINANCIAL REPORT RESOLUTION NO . 249 Motion by Supervisor Desch , seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the August Financial Report , as presented . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Councilman Whitcomb stated that he would just like to make a comment about the agenda items dribbling in at the last minute . Everybody knows when the Town Board meeting is supposed to be held , everybody knows the packets are supposed to be ready at a certain time and he for one would appreciate it if we could have that information in our packets so that we could have some time to review it prior to the meeting so that we don ' t set up here shuffling papers trying to keep some kind of order during the meeting . Supervisor Desch replied that it was a good idea but to achieve it was extremely difficult unless you want important items to be held back for a month , which he felt the Board did not want . SALARY INCREASE FOR DEPARMEH SECRETARY - PLANNING AND ENGINEERING RESOLUTION NO . 250 Motion by Councilman Bartholf ; seconded by Councilwoman Raffensperger , WHEREAS , the new Department Secretary , Building/ Zoning has been recommended for hire at $ 8 . 00 /hour , and WHEREAS , Mary Bryant has worked for the Town since December 1 , 1986 and has performed her duties in an exemplary fashion , and WHEREAS , the Personnel Committee has reviewed the facts in this situation and has recommended approval of the request increase , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a salary increase of $ . 50 /hour effective September 11 1989 , for Mary S . Bryant , Department Secretary for Planning arid Engineering . (Desch , Mcl?eak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . EXECUTIVE SESSION _ ��®•o•n iii■�Ii1�1AS Nlur�s imi�auwera®ieminn�uarnn�®rrn�� Town Board Minutes 43 September 11 , 1989 RESOLUTION NO . 251 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED ,. that the Town Board of the Town of Ithaca hereby move into Executive Session to discuss possible Eminent Domain Proceedings . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . OPEN SESSION RESOLUTION NO . 252 Motion by Councilman Bartholf , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby move back into Open Session . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . EMINENT DOMAIN PROCEEDINGS RESOLUTION N0 . 253 Motion by Councilman Bartholf ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the offering of a monetary settlement for an easement through the Sincebaugh property for the South Hill Trail . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ADJOUR 04ENT The meeting was duly adjourned . lerk - � t } Or AlrlbN THME .M M JOURNfAt ....... . .... -._ ... . --. .. . . . �xi= � c qt = r— i � tom. _ _ — TOWN OF ITHACA y ' a . , ._• : _ .. L1 NOTICE OF PUBLIC EARIN .PLEASE NOTICE, hat the !L Tp= - TOwh" Bo dof Townof T� i:sAu - .. _ rin --- ._:._ •. -:, . - : ) acalwill 'me � ndSe tem"'tJ�j ^4 L _ , ber � 1 i 1 89 at on P. M. to exec _ . g LZ; `_ 'L'] .3. "t;. a . L3�' R i.r'SC C' .S ! �'C! 7. - _ --- - - _ si er - a local la w amending--' - Local •Low No 1 -1985, , re-, t pea -- ng • the . denying '. . of - , exemptionj . foW,.,veterans ' onr,"] real property; and will at this.'! f of a ear a 1 persons in favor; c ..____,� - - -- - -- o or opposed to ' said local - _.._ . . . . . _ raw. e _ _ —._..._-•- ^_- •-• . J anH. Swartwood ' i ._ — ;Town Clerk' . .. ._. _ ._.— . . - - -- . . _ . • • - _ ^- _.. . .. . _�-•- •-• • - \\ August 31 , 1989 ? - c:- E :�} r•st ^ _'_ � � � :� or s . _ ao wt c _ '� � . . . .1_..__._.. J - JEAN FORD t: 0=~v ru-:'p:�. Notary public, State af_. New`York No. 46544TQ ' .. Qualifie(T in Tompkins County, f • _ . : '' Commission expires May: 31 , 19 . - - _ . _ r l. W. lW ._ . .._. :'.,,.r�`7-6^ r�'�.'.:�'L' .. .. •. __: :rt� �-' fir ' _ _ : r" . _. . ._ v' . ATrIZ)AV4`0 CY 'W&LICAT10N C 4K JOURNAL HE MI S&Z : - Gavi .ors .:..._. . _.. . . ... _. _._ ... .. _.. . . ... jJCt� t LZ t_. _ T :. cc . • mm ia .ck 1a:-rxu s g.�bls � n- rsap P — _ .. .. - '• _ -. .. r.. .. 1.. - . t • J .- .Z r ,� . . : ,� _��,,� p. �j L ' t � Cr jS t t, -1� ' TOWN OF ITHACA • mil• � C _ . . . NOTICE OF PUBLIC HEARING t • { I PLEASE TAKE NOTICE, that the - ` Town Board of the .Town oP ' Ithaca will meet and conduct : ;:� r. ., . . : . o public hearing em - ' ber 11 , 1989, at Pepp : , af' ' 1 ,t M ... the Town Hall, 126 East Sene; '-... -„ - •� . , _ ca Street, Ithaca, New York, to. ; :� consider a local law amend-: ing Section 75 of the Zoning ' Ordinance and will at this time hear all persons in favor . , , •._ of or opposed to the adoption of said local law. Jean H t 1 C iq _•.0 , i.. . August 31 , 1989 Town e H. Swartwoo , \ To Clerk' fV Notary Public, St ate of New York ` I- : .. No. 46544 }0 - Qualified in Tompkins County = - - - Commission expires May 3l, .19f _ . . . . . ..... __ ._ . C.• r.I _ _-•. _ _ _ _ - • , _ a - .. _ _ _ _ _ . . _ _ .. .. .. _ lob _ Al.v ArF. OA1 '. T O>T P '&LI AT1ON _ HE ITIFIAC I& JOURNAL ' TOWN I OF - 3 ?��"-�.ins . ----- • • -----.. . _. _... ... . . __ . - -- - � = t � '.=` � su-•:- domes -.: NOTICE OF CA - . . ` a a tit ; ' LEAS 7A E N07CCEHatnthe cz Tsr l:sa. c,. 0:7� AI. 1� �i �71:1 � 1}^ �d r w :•� . � .1 _ _ r _ _. Town_ E . _ ._ . .. F_ . _._ . .. --.. _ " ?"' P '� Board of :the Towri c}' Ithaca will meet and o n _ n ucr t . L t s . e' -- . a public hearing on Septem,? =- IWs ><. ... L _ ezt` s t true' bet 1l , 1989 or 7:3o r. - -- _ - . .• ` _---- - --- _ - _ - -_ a Town Hall, 126 E a "� ca Street, s t Sene . -- --- - — — -- . . t It aco ew Yo k ' consider a local la r �;L r, .7, , . �1. �.- � 11'= _ ^.0 �._ _ ._ .— —__� . .._— ._.. amend r � � -- -+ _�- tom ` t n9^^9Zoning Ordinance con!' cer ated y _ . C �` \ --y-► � � - - -- — _ . . _. . --. - - —... time hear all p and wb; at this, lip wll C n of or o rsons 'n fa s Opposed to the adoption; of said local low. . .. . . . . _. . ._ . . _ — . . _... . - - . ._.. . ._ .. - - - ^- - - - Jean H. PSwor. — August 31 , 1989 ;Town Clerk,. L' S"i Q ' i - - - - -.... ..... _. ....... - - _ .._ _ _ ` � ��. � -' � � w• � L.. }.,$.&'.- tea _ t - - JEAN FORD_ Notary Pufific, State c# New York No. 4 654410 :4uafified in- Tompkins County Commission expires Nfay 31; 19�'�� — - -.. . .. _. .. _ _ _ _• l . . � - _ n - � .' : . r . .•r:aT `F Yom. ;. -Y-'-' C• - - - _ __ _ -