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HomeMy WebLinkAboutTB Minutes 1989-10-02 TOWN OF ITHACA REGULAR 'DOWN BOARD MEETING October 2 , 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 2nd day of October , 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 PRESENT : John Ozolins , Highway Superintendent John Barney , Town Attorney Sally Olsen , Town Engineer George Frantz , Assistant Planner Andrew Frost , Building Inspector/ Zoning Officer Celia Bowers , 1406 Trumansburg Road Tom Niederkorn , 310 West State Street Edward Olmstead , Ithaca Fire Dept . Laura Holmberg , 1109 Taughannock Boulevard Song Kyong , 220 Highgate Road Alfredo Rossi , 409 Lake Street Kevin Candee , 214 E . King Street Robert Nedina , Deer Run Dooley Kiefer , 629 Highland Road Betsy Darlington , 204 Fairmount Mauwia Barazangi , 120 Simsbury Drive Harrison Rue , 564 Elm Street Ext . M . Lou McIsaac , 107 Forest Home Drive Ann Be Pendleton , 326 Forest Home Drive Richard Pendleton , 326 Forest Home Drive Myrtle Whitcomb , 233 Troy Road Helen Sundell , 310 Forest Home Drive Carl Sundell , 310 Forest Home Drive Barbara Lukens , ACC Paul Booth , 107 Judd Falls Road Peter Hillman , 370 Stone Quarry Road Lisa Blackwell , Cornell University Bruce Brittain , 135 Warren Road R . Be Allan , 19-D Strawberry Hill Road Dave Auble , 250 Troy Road Ron Ronsvalle , 628 Coddington Road PLEDGE OF ALLEGIANCE Supervisor Desch led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Town Board Minutes 2 October 2 , 1989 Supervisor ' s Report Tax Exempt Involvement with Fire Services Supervisor Desch stated that he and Councilwoman Raffensperger had met with .representatives of the City , Cornell and Ithaca College to pursue the efforts of the joint City/Town Personnel Committee with respect to the role of the institutions in the area of training , housing and encouraging volunteers , financial aid opportunities . There will be another meeting in late October . Leaves , Leaves and more Leaves Supervisor Desch reported that the Town ' s latest dilemma is the problem of our constituents dealing with leaves now that the garbage haulers will no longer pick them up . Highway Superintendent John Ozolins has been working very hard to come up with a number of alternatives . Mr . Ozolins will report on this shortly . DEC - Contamination of Well Supervisor Desch stated that he and Highway Superintendent John Ozolins had met with two representatives from DEC on our progress with the recovery system and they were pleased with our progress . The system will have to be winterized . Town Engineer ' s Report Town Engineer Sally Olsen reported that both she and Assistant Engineer Eric Whitney have inspected the driveways at Maplewood Park to see if they are satisfactory in a safe manner . She stated that they have passed but the County needs to do some work on Mitchell Street to improve the site distance . There was a letter from a Ccmunon Council person about the Six Mile Creek wash out . Last month she and George Frantz , Assistant Planner took a walk along the creek all the way up the creek to Winners Circle it was suggested that perhaps the excess runoff and the changes in the drainage pattern from Winners Circle had created problems down stream but that doesn ' t seem to be the case . The culverts on the Six Mile Creek trail need a lot of work all on there own and this was just a coincidence that Winners Circle did touch on one of the creeks that created a problem further down . Town Engineer Olsen went on to say that the fire station sewer contract documents are complete and being reviewed and will be advertised for bids as soon as the review was complete . She went on to say that agenda item # 10 , the award of Northeast Sewer TV program contract , the bids are due Wednesday and they would do a telephone poll of the Board members so that they would not have to wait a month to award the contract . The Engineering Technician position has been filed , Scott McConnell started today . Town Engineer Olsen reported that the Gibbs yard on DuBois Road has not yet been finished . She stated that she had been calling the landscape-, . and apparently getting empty promises and that she would aim for scmnething more heavy handed to get the work completed . Highway Siperintendent ' s Report Highway ,Superintendent John Ozolins reported that they had installed the sweeper on the tractor , finally . Mainly the work on roads has been patching by using a machine from Cortland Asphalt to fill cracks and patching with surface treatment on top . We have continued cutting shoulders to improve drainage and some ditching . Last Thursday on Juniper Drive we started cutting a ditch and putting in a black top gutter . Last week we had an inspection by Town Board Minutes 3 October 2 , 1989 the Labor Department and there were six minor items they found . Overall they are extremely pleased . Up coming activities include continued work on shoulders and begin changing over the trucks for winter . The speed limit reductions were sent to the County . The Highway Superintendent reported that the biggest item for the Parks way the fence on the Grandview Park was has now been installed . There is a little bit of trimming of trees and planting of a few bushes but other than that the Park is pretty well established . Councilman Klein asked what was the status of the revisions to the Highway Specs , we adopted the interim specs awaiting some final finned up criteria . Highway Superintendent Ozolins replied that he had sent a copy of the road specs to a company in Whitney Point who has a nucleardensometer . He will give me a price after checking the specs . Councilman Klein replied that what he had suggested of the Highway Superintendent was that along with the interim specs that the Town also include testing procedures because you can specify your materials to be put under a road system and you can specify how a contractor- should compact it but without any testing you really don ' t know if the road base is coming up to specs . It ' s a fairly common procedure . Supervisor Desch remarked that the interim specs had been distributed . BUILDING INSPECTOR/ ZONING OFFICER ' S REPORT Building Inspector/ Zoning Officer Andrew Frost introduced Paul Hansen the new Assistant Building Inspector/ Zoning Officer . He went on to say that a decibel meter has not been purchased . The Engineer has sent out letters to various companies . Some of them have responded that their meters are not what we need for our Noise Ordinance .. He went on to say that perhaps some builders may be at the meeting to discuss some problems with the height measurements and he planned to write the Board a letter stating the problems he was having with the height measurement . The Building Inspector/ Zoning Officer stated that 14 Certificates of Occupancy had been issued during the month of September , two were temporary certificates for Cornell ' s Maplewood Apartments complex . The most current certificate expires October 31st . There are no hazards out there now and the problems with getting a permanent certificate of occupancy are being addressed . We had two new complaints , one on an abandoned vehicle and the other a use violation . 67 field visits were made . Building Permits were issued for three single family harms , 2 - two family harms , one for an alteration , one for a conversion , one for an addition , one to Cornell University and six for miscellaneous construction . Councilman Klein asked what was the status of the Chamber of Ca,mrce7 Mr . Frost replied , they are coming to the Planning Board . They have a temporary certificate of occupancy now . They are caning to the Planning Board for a modification to the site plan approval . Some of the issues are with the curbing along East Shore Drive , there werEr sari minor modifications to a planting plan and there Town Board Minutes 4 October 2 , 1989 was a proposal not to have asphalt paving they want to modify that to crusher run . Councilman Klein remarked that he was not sure the Board totally understood what was being discussed . He went on to say that when he was on the Planning Board , the Chamber of Commerce received site plan approval there were some specific conditions regarding the site , the paving of the lot , landscaping around a parking island , some curbing along East Shore Drive and they absolutely ignored it one hundred percent , or close to that . He stated that he felt this was quite serious . Town Planner ' s Report Assistant Planner George Frantz stated that he really didn ' t have anything more as far as the monthly report prepared by the Town Planner . He noted , however , that they were continuing mapping as part of the Stream Corridor Study and hope to wrap that up real soon . Councilman Whitcomb remarked that speaking of the Stream Corridor Study draft , . he felt Doug Foster had done an excellent job on that . He then asked , where do we go from here on that ? Mr . Frantz replied we are looking for any comments the Board may have on it: and hope to be able to present it to the Planning Board on October 24th and possibly be able to schedule a formal presentation to the Town Board at the November meeting . Councilwoman Raffensperger stated that she found a lot of interesting things in it but before it goes any further there is a statement in it that she would like to find out where it came from and question it . It is under corridor number one , Fall Creek . Under potential future activities it says , " the East Ithaca Connector , a ring road for traffic between Cortland and Elmira will bridge across Fall Creek at some point " . She stated that she protested the assumption and she would not like to see that . Mr . Frantz replied , that will be gone . Councilwoman Raffensperger remarked that she was curious though and from what source such a statement was made ? It was not so much the statement itself but from what source it came from . Mr . Frantz, stated that he would check with Doug Foster . SET DATE FOR PUBLIC HEARING ON SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMN.IISSION BUDGET RESOLUTION NO . 254 Motion by Councilman Whitcomb ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 45 P . M . , on November 9 , 1989 , to consider approval of the 1990 Southern Cayuga Lake Intermunicipal Water Commission Budget . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING ON TOWN OF ITHACA PRELIMINARY BUDGET Town Board Minutes 5 October 2 , 1989 RESOLUTION] NO . 255 Motion by Councilman McPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a. public hearing at 7 : 00 P . M . , on November 9 , 1989 , to consider approval of the 1990 Town of Ithaca Preliminary Budget . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER WATER SURCHARGE INCREASE RESOLUTION N0 . 256 Motion by Supervisor Desch ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 15 P . M . , on November 9 , 1989 , to consider a water surcharge increase . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER SEWER RATE INCREASE RESOLUTION NO . 257 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 20 P . M . , on November 9 , 1989 , to consider a sewer rate increase . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HFAR NG ON 1989 ASSESSMENT ROLLS FOR SPECIAL BENEFIT DISTRICTS RESOLUTION NO . 258 Motion by Councilwcman Raffensperger , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on November 9 , 1989 to consider approval of the 1989 Assessment Rolls for the water and sewer Benefit Assessment Roll . (Desch , M(:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER THE 1990 FIRE PROTECTION BUDGET RESOLUTION N0 , 259 Motion by Supervisor Desch , seconded by Councilman McPeak , Town Board Minutes 6 October 2 , 1989 RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 45 P . M . , on November 9 , 1989 to consider approval of the 1990 Fire Protection Budget . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye, Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER RENWICK HEIGHTS LIGHTING DISTRICT 13UDGET RESOLUTION NO . 260 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 50 P . M . , on November 9 , 1989 to consider approval of the Renwick Heights Lighting District budget for 1990 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER FOREST HOME LIGHTING DISTRICT 13UDGET RESOLUTION NO . 261 Motion by Councilman Klein , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 52 P . M . , on November 9 , 1989 to consider approval of the Forest How Lighting District budget for 1990 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER CLOVER LANE LIGHTING DISTRICT BUDGET RESOLUTION NO . 262 Motion by Councilman Bartholf ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 54 P . M . , on November 9 , 1989 to consider approval of the Clover Lane Lighting District budget for 1990 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER GLENSIDE LIGHTING DISTRICT BUDGET RESOLUTION NO . 263 Motion by Councilman McPeak ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 56 P . M . , on November 9 , 1989 to Town Board Minutes 7 October 2 , 1989 consider approval of the Glenside Lighting District budget for 1990 . (Desch , McPeak ,, Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER WINNERS CIRCLE LIGHTING DISTRICT 13UDGET RESOLUTION NO , 264 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 58 P . M . , on November 9 , 1989 to consider approval of the Winners Circle Lighting District budget for 1990 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE ]?OR PUBLIC HEARING TO CONSIDER EASTNUOD COMMONS LIGHTING DISTRICT BUDGET RESOLUTION NO , 265 Motion by Councilwoman Raffensperger , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 00 P . M . , on November 9 , 1989 to consider approval of the Eastwood Commons Lighting District budget for 1990 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENT TO THE FIRE CONTRACT RESOLUTION NO . 266 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on December 11 , 1989 to consider an amendment to the Fire Contract with the City of Ithaca . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . LEAVES Highway Superintendent John Ozolins stated that there was a concern and there was a couple of options from setting out dumpsters to hiring a :machine and picking them up that way and then dumping them . As far as the dumpsters and just leaving them in different areas , that he felt was the least feasible solution . In one sense it is the easiest , you just rent the dumpsters and rent them out , however , he felt people would also use them for their trash . The other alternative is to have the Highway and Parks people pick them up . There are several means of doing that , one is to get a vacuum leaf machine to pick them up and dump them on the truck , there is Town Board Minutes 8 October 2 , 1989 another machine that will suck them up and chew them up and spray it into the back of a truck . If we chop them up we can use them at the Town Barns for mulch . He went on to say that he had talked to the County Solid Waste people and they will let us take them to the dump and they have a mulcher . The problem still arises as to how are we goring to get them from the ground into the truck and if it goes to the County at the landfill they have to be clean , you can ' t have paper or anything else in the leaves . Roberts Equipment in Syracuse has a machine , a leaf vac , which sucks up the leaves and chews them up . The cost of it for rental is $ 2 , 000 to $ 2 , 500 per month depending on the machine and you have to have a minimum of two months rental . A new machine costs approximately $ 7 , 800 . He stated that his other concern was that if the Board elected to go the way of the Highway and Parks Department go out and perform the service he was looking at the week of brush clean up . The reason for that is we are already going through the Town and we could take the leaver with the brush . Supervisor Desch asked what was the estimated cost of converting the truck:; ? Superintendent Ozolins replied , about $300 to $ 400 because we will have to build boxes on the trucks with plywood and screening . If we used a canvas it would just tear it all up . He went on to say that as far as money , he could not afford that . If we get a machine or whatever and pick up the leaves the money has to be made available . Councilman Whitcomb asked if the Town purchased a machine what were the chances of renting it to someone else ? Highway Superintendent Ozolins replied that as far as renting out equipment , generally we don ' t rent it out we loan it . Between the different municipalities and the County it works out well because we use other towns equipment and they use our equipment and he didn ' t wart to start asking for money . Councilwoman Raffensperger asked , could the leaves if they were mulched become composted and used in the parks the next year ? Town Highway Superintendent Ozolins replied , they could but the problem iS space . He stated that he could do some of it but he couldn ' t do a lot . Right now they had gotten rid of most of the one inch stones and the yard is fairly empty but he would soon be hauling in the winter materials for snow removal then when that ' s gone he needed room again for stones so that takes up a lot of room . Councilwoman Raffensperger asked if the leaves could be stored at some of the park sites ? Highway Superintendent replied that it depended on the volume and he had no idea what that would be . He stated that they already had a substantial pile of wood chips . We have been using it regularly but the pile is still there . Supervisor Desch remarked , clearly you have room for one year as far as the leaves go . Councilman McPeak remarked that unfortunately the leaves were starting today and whatever is done needs to be done quick . Highway Superintendent Ozolins replied that he was planning on waiting for the brush clean up week in October and doing it once . He had too many shoulders to repair and drainage problems before winter . Town Board Minutes 9 October 2 , 1989 Supervisor Desch remarked that if you pick up leaves the last of October you may not have all of the leaves especially the oak leaves . The Supervisor noted another problem with doing it that week , the delivering of voting machines . The Highway Superintendent stated that he would have to deliver the machines on October 26th , a week before they are usually delivered . Town Clerk Jean Swartwood replied that this problem could be worked out . Highway Superintendent went on to say that the brush and leaf pick up would involve a considerable amount of overtime because he wanted it done in a week . The last clean up involved an hour or two a day per man . Supervisor Desch remarked that if the Board was considering buying the machine it was probably right at the point that it would need to be bid and we don ' t really have that much time . Councilman Klein asked if this would be a reoccurring problem? Supervisor- Desch replied yes and no , the County and/or the owners of the new sewage treatment plant are looking at a composting facility . Part may be a continuing problem and part may not be . Highway Superintendent Ozolins noted that you could rent with the option to buy . He wondered then if it would be necessary to go to bid ? Town Attorney Barney replied that you would still have to bid unless you declared the purchase an emergency . Mauwia Barazangi , 120 Simsbury Drive stated that he would like to make a comment first on the blacktopping . He stated that he had lived on Simsbury Drive for ten years and they are putting the gravel and surface treatment on three times in the past years . Neighbors say since the street was built . However , nearby streets like Christopher Lane and Siena Drive they get the nice black top service . He stated that he understood the problem with financing but there must be a system to say when Winthrop and/or Simsbury should get: better treatment . He stated that he felt there must be a system that would say that in five year , ten years you are scheduled to get blacktopping . Only a month ago , they put another blacktopping on Christopher Lane and Siena Drive , On Simsbury there was an uneven distribution of the gravel , some places had gravel 2 " thick and some places had hardly any gravel . You should have a plan . He asked , why three times in a row he gets this kind of treatment and the streets nearby get better treatment . Mr . Barazangi then asked if the Board was only talking about leaves , what about grass cuttings or branches ? Supervisor Desch replied that the week that has been set aside for branches and brush is October 30th . He did not think the Town would be interested in grass cuttings . Mr . Barazangi stated that he was glad the Town was discussing this problem , but he asked , how cone this problem has surfaced as a problem right now? Supervisor Desch replied , it ' s because the County has decided to start charging for depositing material in the landfill . Mr . Barazangi replied , you should go and fight them . Why didn ' t they give you enough notice many months ahead of time and not put Town Board Minutes 10 October 2 , 1989 you in an ugly situation like this where you are , as the gentleman said the leaves are falling today . He stated that he felt it was ridiculous to dump it on the municipalities . He stated that he talked to his neighbor Harry Missirian and he said that you haven ' t heard anything yet as to what is caning . Dooley Kiefer asked if the Town had explored having the County sponsor the Town ' s interest in acquiring a leaf mulcher for purposes of getting state money . She stated that there was state money available for anything dealing with recycling equipment where you don ' t have a program that is already in place . Supervisor Desch remarked that it seemed that if the leaves were to be picked up they should be mulched somewhere on Town property . Councilman McPeak remarked , the Highway Department was going to pick up the leaves at the road side in piles , not bagged? Highway Superintendent Ozolins replied that plastic bags were a no go , definitely out . We could pick up leaves in paper bags if we mulch it ourselves but not if they are going to the landfill . Councilwoman Leary stated that she if it was at all possible the Town should buy the equipment now . Supervisor Desch replied that if that was the consensus of the Board to purchase the equipment sane homework needed to be done to provide the needed money . The question is when , it is not going to be possible to deliver the voting machines pick up brush and leaves that week . The Town Clerk is comfortable in doing the voting machines the week before but he sensed there is a problem with the week of October 30th being too early . But you can ' t wait too long or you will be getting into snow . Councilman. McPeak asked about the week of November 13th9 Highway Superintendent Ozolins replied that the problem he had with that was that he wanted to do it all the same time . Supervisor Desch added , if you do it on the week of October 30th you are really going to miss half of the leaves . We need to put an add in the paper saying what we are going to do when . The Supervisor remarked that there seemed to be a consensus that leaves and brush be picked up the week of November 13th with the details being worked out . RESOLUTION N0 . 267 Motion by Supervisor Desch , seconded by Councilman McPeak , WHEREAS , an emergency situation exists because of the change over by the County in their acceptance of substances at the landfill which has resulted in an emergency in the Town , and , therefore , it is appropriate for the Town Board to solicit the acquistion of a machine to accomplish leaf mulching , NOW THEREFOR BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the purchase of a leaf mulching machine subject to the availability of funds , and FURTHER BE IT RESOLVED , that the Town Supervisor approach the County on appropriate sharing of the funding of the cost . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitccmb voting Aye . Nays - none ) . Town Board Minutes 11 October 2 , 1989 TV CABLE SYSTEM UPGRADE Councilman McPeak reported that the representative of the TV Cable Company , Mrs . Lukens , was here if anyone had questions . He went on to say that , however , he felt the whole problem had been resolved in that the Cable Company said that they would go ahead and connect up the areas that have been reconstructed , the new areas where the cable is and make those channels available and the part of the Town of Ithaca that has not been done will be done next spring . Mrs . Lukens replied , it turns out now that there is more new cable than we thought , so there won ' t be very much to do next spring . Councilman McPeak continued , and in the interim then the franchise can be discussed and renegotiated . This is what we have been asking thEm to do . Supervisor Desch asked Mrs . Lukens if the Town could get a letter confirmincr her position ? Mrs . Lukens replied , yes . Councilman. McPeak thanked Mrs . Lukens for her cooperation and hoped the spirit. would continue . FALL CREEK. PROTECTION MEASURES Supervisor Desch noted that Board had a draft resolution with respect to the matter . He then asked Councilwoman Leary if she wished to introduce her resolution . Councilwoman Leary noted a couple of revisions , they being the name of the Act: , the word "System" was left out . Also , in the section about Forest Home , remove the sentence " for the personal use of current homeowners and/or their immediate families " . As long as it is zoned P-15 that will give it the protection it needs . Supervisor Desch remarked , another item that may be construed as coming under the technicality nature is where it says " the construction of bridges by the Town of Ithaca . . . . . . . . " the bridges would not be constructed by the Town of Ithaca . Town Attoi:ney Barney replied that he would suggest it say " any affected municipality or New York State " . Richard Pendleton , 326 Forest Home Drive remarked that taking out the personal use by current homeowners removed his biggest concern . The other concern that he had was in paragraph 3 , " final boundaries be set in the legislation , with no interim period , according to the attached map , with the exact location description subject to approval by the Town Board of the Town of Ithaca " , he stated that he wanted to hear the Board say that the residents of Forest Home will have input into these locations before it is introduced . Will we know exactly where the boundaries are ? Councilwoman Leary replied , yes . Supervisor Desch replied that he had added the words "prior to filing " to that paragraph . Dan Hoffman , City of Ithaca Common Council member and Chair of the City ' s Hydropower Commission stated that he just wanted to make sure the Board was aware that Common Council endorsed Recreational Designation for the portion of Fall Creek within the City last Spring . There is a resolution on Can Council ' s agenda this week Town Board Minutes 12 October 2 , 1989 to reaffirm that in light of more recent developments . The Hydropower Commission is very strongly in support of such designation , and personally he felt it would be an important step regardless of its effect on hydropower . The City of course does have the problem of how to resolve the hydropower debate and many feel that the designation would be the best resolution that we could ccme to and it ' s our understanding that we need intermunic:ipal cooperation , we need the compliance of the Town of Ithaca and the Town of Dryden in order for our State representatives to carry this forward . He stated that he strongly urged the Board to adopt some kind of direction . Dooley Kiefer , 629 Highland Road stated that she did not have the map and questioned if it included Beebe Lake? Councilwoman Leary replied , yes . Mrs . Kiefer went on to say that she was puzzled about the paragraph that deals with dredging and erosion control measures . She asked if the intent was to override DEC ' s regular controls and permits system . She felt it would be good to disclaim it if you aren ' t intending that . Councilwoman Leary replied , it has right under it , "under the Act " . Ms . Kiefer replied that she understood that , but she wondered that language tins designed specifically for Cornell to be able to dredge Beebe Lake or does it apply somewhere else ? Councilwoman Leary replied that mostly it was Cornell that she had in mind but it could be for any dredging that needed to be done . Ms . Kiefer replied that she thought that if Councilwoman Leary was doing it just for Cornell that it might be better to specifically say so , instead of having a blanket statement . Councilwoman Leary replied that it was not just for Cornell , but they were the ones she had in mind mainly and that is why she did not single them out . Councilman Whitcomb added , that was one of the concerns that many of the homeowners along the banks have . Ms . Kiefer- remarked that there was a separate exemption for the homeowners down below . Councilwoman Leary replied , but it doesn ' t say dredging though . Ms . Kiefer went on to say that it wasn ' t clear to her what portion of the scenic designation under the Act and its regulations remain after all of these stipulations so she stated that she would love to hear the sponsor explain that before the Board votes on it . She went on to say that she was very surprised by the plurality of bridges that seem to be allowed under this . She stated that it was her reading of the regulations that bridges are allowed anyway and you don ' t need this language but if it is put in here because of the East Ithaca Connector site , then she felt the most the Town needed to reserve was one such corridor and she stated that she was very uneasy with this . Anyone can build any bridges any where any time . Thc-Lt ' s too much and she hoped the Board would amend that before they voted on it . Councilwoman Raffensperger remarked , on the construction of bridges we did add a section that said by municipalities , was she right? Supervisor Desch replied , yes . _ 'nlmenn�rmilAlll� Town Board Minutes 13 October 2 , 1989 Councilwoman Leary and Town Attorney Barney added , or New York State , Supervisor Desch stated that he had a major problem with the whole resolution and that he would be voting against anything that makes reference to endorsing' State designation at this time but he felt to protect the Town and the people that the risk of possibly excluding stipulations in this resolution it might be worthwhile up under the resolved , where it says " such designation with the following stipulations " he stated that he had changed that around a little bit: to say " such designations with stipulations developed by the Town and other interested parties including among other things " , ,, , , and then the list that you want to include there . As you get into it he was sure there were other things that will create problems that are not even thought of today . Councilwoman Leary replied , that kind of makes it other interested parties , we are the Town and she did not want to speak for other interested parties , this is our resolution . Supervisor Desch remarked , but that seems to be in conflict with Dryden ' s resolution . Dryden seems to be interested in involving other participants . Councilwcutan Raffensperger remarked that the last paragraph was the one that she was particularly interested in and she felt that the Board ought to consider that it does say that the Town of Ithaca also supports ongoing discussions with the City of Ithaca and the Town of Dryden to enact local conservations measures for Fall Creek with due consideration for property owners along the street concurrent. with the pursuit of the designation under the Wild , Scenic and Recreational Rivers Act . This goes back she remarked , to the statement that she made last time is that felt it was wise for the Board to take a kind of two track approach to this . Frankly , we can use the resources of Assemblyman Luster ' s office and his working on the State designation for the municipalities to look at concurrently local conservation measures . She stated that she found this a very important part of the resolution . Supervisor Desch replied that his main problem was two fold . One , is that he hasn ' t heard yet any reference to the urgency of adopting sanet:hing which will do one or both of two things , and that is to commit the Town staff to a very considerable amount of time even with the assistance of our State legislator because this is just simply not going to be an easy thing to accomplish . He stated that he had a serious question that this is of the same urgency that a lot of other things that the Board has placed on the agenda for the staff to accomplish . He felt that the Board should be aware that if this becomes a top priority that there are other things that the Board has set as top priorities in the past that are going to slip . Probably in some part , all of those things so he felt the Board should be aware of that . The other things is that adopting a policy , as a Board , on this particular stretch of stream in the Town of Ithaca sends the message that this stretch of river is in the greatest jeopardy compared to the other corridors that we have , of which there are many , in the Town . And again , will dilute from the efforts , for example , of the work going on with the Six Mile Creek corridor and etc . And further more it happens to be at a place where we are making good progress on pinning down the corridor for the East Ithaca Connector and when it comes down to the difficult negotiations with the County and Cornell on where that corridor is going to be relocated or located. , this absolutely sends the wrong message to Cornell and particularly on the tuning of getting that done . It takes a major incentive away from Cornell ' s being cooperative in supportive of doing that . What incentive is there for them to say , look we recognize that Town Board Minutes 14 October 2 , 1989 corridor has to be built ? So you have to keep that in mind he felt , you can ' t have it both ways if you are going to accomplish one thing or the other and that is one of the major reasons he would vote against it . Councilman Bartholf remarked , that the Board had the resolution from the Town of Dryden and we are working together as municipalities and he felt their resolution , we could almost go along with the same resolution they have . Councilwoman Raffensperger replied , that was why she had said that the last paragraph is important to her because it addressed the resolution from the Town of Dryden and says that we will do that concurrently . Supervisor Desch remarked , when you do things concurrently you are taking a critical resource which is staff time and doubling the commitment: or maybe even beyond because when you get involved with a state agency the rules of the game change and get much more difficult to accomplish the objective that you want to accomplish . Councilwoman Raffensperger replied that her understanding of the meeting with Marty Luster was that his staff was willing to work with the r.cbwns and the City to draft legislation which would meet the objections of the people in Forest Home and in Dryden and the Town of Ithaca , etc . She stated that it seemed to her that instead of over extending our resources that it was an economical use of resources to have both of those efforts going on at the same time . Particularly since the Board has the draft of the corridor management. program and it seemed to her that there was already a great deal_ in there that has already been accomplished which will be a great help to local municipalities in the effort to look at conservation measures for Fall Creek . Supervisor Desch asked , but who is Marty ' s office going to work with? They have to work with some designated staff persons and that is going to be a commitment of time on top of the completion of the stream corridor work , it ' s not going to be a substitute for it , it ' s going to be on top of it . Councilwoman Raffensperger replied that it seemed to her that there are many parallels and certainly it was not two separate projects , it ' s the same creek . Councilwoman Leary remarked that she did not see it as the addition of Marty ' s drafting legislation , adding really any more than the discussion. with Dryden and Ithaca . Supervisor Desch replied , judging from the time we have already spent this is the tip of the iceberg where we have yet to go . Councilwoman Raffensperger replied that she also did not understand why the Supervisor characterized this as choosing between the possibility of a by pass of Forest Home and any kind of protection for Fall Creek . She stated that she really did not see the parallels between that and she was astonished to hear this kind of argument this late in the date . We have discussed this , she really did not know how many times and she was sure that Councilwoman Leary and whoever else worked on this resolution felt they were bringing some kind of a summary of the consensus that had emerged on this Board over a period of six months . Supervisor Desch replied that Councilwoman Raffensperger may be astonished but he was equally astonished to that conclusion that you just reached . But this issue is one of priority , where is the pressure , what is the thing that is putting this at the top of the I MIS Town Board Minutes 15 October 2 , 1989 pile at this point in time ? Where is the threat ? He stated that he asked Margaret that at the very first meeting back whenever it was , in May , and she said there was no threat in the Town of Ithaca that was imminent at this point in time . The land in the Town of Ithaca held by Cornell is dedicated to the Plantations . Its a different situation in Dryden . Councilwcanan Leary replied , any Cornell land is really Cornell ' s decision , Cornell giveth , Cornell taketh away . Supervisor- Desch remarked , so we have no control ? Councilwoman Leary replied , locally? Supervisor- Desch replied , right . Councilman Leary replied , not much . Supervisor Desch replied , we sure do . Councilwoman Leary remarked that she felt having State control was more enduring . Supervisor Desch remarked that the question was , does the Town of Ithaca need to have State control substituted for its own police power? Councilwcnan Raffensperger replied , that decision is not definitively made as she read this resolution because as she had said , at this time what this resolution says is that we will pursue a dual track , that we will say to Assemblyman Luster , yes we take you up on your offer to try and craft scare kind of legislation that will provide for the interests of the Town of Ithaca and its residents at the same time and concurrently we will make an effort with the other municipalities to come up with a proposal to enact local conservation measures for Fall Creek . Supervisor Desch remarked to Councilwoman Raffensperger then that her conclusion is that there are compelling reasons to commit the resources to do that now? Councilwoman Raffensperger remarked to Supervisor Desch that she was sure there were between her and the Supervisor a difference in the evaluation of the resources necessary , considering the state of information that Assemblyman Luster ' s office already has and of the resources that we already have developed in the Planning Office . She stated that she felt this was an honest disagreement in the amount of effort that would have to be put forward . Supervisor Desch remarked that he was sure there were seven different perceptions of that , however , he knew just in the dialog that we have had in the Six Mile Creek matter in having to start and stop and start and stop because people are going in a thousand different directions and he wasn ' t naive enough to believe that was not going to happen in this case as well . He went on to say that he hoped it happened because if it didn ' t then the people in Forest Home will have had some thing railroaded down their throats . Councilwoman Leary remarked that the one suggestion that the Supervisor had made about changing the "Resolved " paragraph , she stated that she would prefer not to say "developed by the Town or other interested parties " . Supervisor Desch replied , so you are locking us into looking at these specific stipulations ? Town Board Minutes 16 October 2 , 1989 Councilwoman Leary replied that she would like to leave it like this . If any other interested parties have anything to say about it they can contact Marty Luster ' s office . Supervisor Desch replied , that ' s the problem . Where do we fit into the picture ? Why do we have these people contacting Marty Luster ' s office , wa should be the lead agency . We should be the ones that are focussing on whatever protection is need , not somebody in Albany . Councilwoman Leary responded that she had contacted interested parties on this and have talked to Forest Home . Supervisor Desch replied , that is fine but the realities of the situation are different in terms of when you get down to specifying what it is you are going to do . You certainly can ' t use this map as a reference point for what the boundaries are going to be . Councilwoman Leary responded , it is . Supervisor- Desch remarked , it ' s not specific enough . Councilwoman Leary replied , that ' s why she was saying the exact location description get approved by us . She went on to say , just on that one question about the number of bridges , do we want to allow . . . . . make that open as far as the number of bridges or do we want to just say one bridge or something . She stated that she would sort: of lean toward leaving it open because we don ' t know what our needs will be in the future . Supervisor Desch responded that he felt it had to be left open . If we knew where the corridor was at this point , and we knew the corridor was available it might be one thing but we don ' t know those two questions . Supervisor Desch asked the if there was a motion to adopt some kind of amended version? He then suggested that perhaps the resolution should be read as he was not sure he knew what was being proposed . Councilwoman Leary responded , the change is in the Resolved paragraph and the last paragraph , the reference to the "Wild , Scenic and Recreational Rivers System Act " . And final boundaries be set in the legislation with no interim period , according to the attached reap ( " Schedule A" ) , with the exact location description subject to approval by the Town Board of the Town of Ithaca prior to filing the legislation . "The construction of bridges by any affected municipality or New York State be permitted at any point along the Creek . " And down in the Forest Home section , that deletion " for the personal use of current homeowners and/or their immediate families " , that comes out . And that ' s that . Town Attorney Barney asked if he could make a couple of additional suggestions , for consideration? one is the paragraph which says "any signage along the creek . . . . . . could could we add within the Town boundaries has to be subject to the approval of the Planning Board of the Town of Ithaca" . The other is the next paragraph where it read "within the residential area of Forest Hone , presently zoned R15 , for as long as a lot is zoned R15111 he stated that in view of the comprehensive planning that is going on and what may flow from that which could be perhaps a different zoning structure using terms other than R15 , could we add something after is says " a lot is zoned B15 or other similar residential zoning" ? Councilwoman Leary asked if that would include , say multiple residents ? mrtfnflilnfll'IR/� Town Board Minutes 17 October 2 , 1989 Town Attorney Barney replied that he thought R15 was basically one and two family , there may be no changes but should there be some change there might be something where we go to a R1 or R2 or R3 or some other designation . Councilwoman Leary replied that she just wanted to make sure that it ' s not . . . . . she stated that she would not feel comfortable saying including multiple residence . Town Attorney Barney replied that that was not his intention . His intention was that R15 is a term used today whether we are going to use that :five years from now, he did not know . Councilwoman Leary remarked , okay . Highway Superintendent Ozolins remarked that he had a question as far as the signage there , he really did not know and couldn ' t tell enough from the map as to how much of Forest Home Drive or any other Town road , but does that mean then that if there is a sign that has to be replaced or speed zone changes or any other thing like that ,, that he would have to go to the Planning Board before it gets put up? Councilwoman Leary remarked , maybe we ought to stipulate any signage along the creek related to the designation as a Recreational River , the designation of Fall Creek as a Recreational River so you don ' t get in this . Councilman Klein suggested , any non-highway signs . Councilwoman Leary asked the Board if they liked that better than specifically relating to the designation? Town Attorney Barney remarked that he was trying to remember what the Sign Ordinance covers , what kind of signs might surface . Councilwoman Leary remarked , if you make it specific , any signage along the creek related to the designation under the Act . Town Attorney Barney noted that it was more policy but the opening paragraph is very , very broad and goes somewhat beyond what he felt was asked of the Board but it ' s the Boards decision . He stated that the suggestion they had was simply say the Town Board supports the proposed designation as a recreational river rather than getting into the . . . . . Councilwoman Leary responded no , the whole resolution , you have that last part which is broader than the designation , so all we are saying is that we support the enactment of environmental protection measures . Town Attorney Barney replied that it was up to the Board but when he read it it looked out to him as being a very , very broad statement beyond what the Board had been talking about . Councilwoman Leary responded that it applies to the two resolves , if you just say we support designation it kind of . . . . . . you know, the last resolve is irrelevant . Councilwoman Raffensperger remarked that she would not like to see it be irrelevant . She went on to say that she apologized , she did remember that Councilman Whitcomb was the other person who worked on this , sorry John . Councilman Whitcomb stated that he would like to make a comment about the second paragraph , he wondered if that is clear enough . Town Board Minutes 18 October 2 , 1989 It says that we support such designation with the following stipulations and he wanted to make sure they understood that we do not support it if those stipulations are not in place . Councilwoman Leary responded that she felt it was real clear . Town Attorney Barney remarked , you could phrase it , "but only if the following stipulations are included" , instead of "with the following stipulations " . Councilwoman Leary agreed . RESOLUTICN N0 , 268 Motion by Council-woman Leary ; seconded by Councilman Whitcomb , WHEREAS , the Town Board of the Town of Ithaca supports the expeditious enactment of environmental protection measures to preserve the Fall Creek river area from inappropriate development , RESOLVED , the Town Board of the Town of Ithaca endorses the designation of Fall Creek within the Town of Ithaca as a recreational river under the Wild , Scenic and Recreational Rivers System Act , and requests Assemblyman Martin Luster and Senator James Seward to sponsor such designation but only if the following stipulations are included : Final boundaries be set in the legislation , with no interim period , according to the attached map ( " Schedule A" ) , with the exact location description subject to approval by the Town Board of the Town of Ithaca prior to filing the legislation ; The construction of bridges by any affected municipality or New York State be permitted at any point along the Creek ; Dredging and other flood erosion control measures be permitted without regard to frequency or demonstration of prior similar activity , and without requirement of variance or permit under the Act ; Any signage along the Creek within the Town of Ithaca boundaries related to the designation under the Act is to be subject to the approval of the Planning Board of the Town of Ithaca ; Within the residential area of Forest Hone , presently zoned R15 , for as long as a lot is zoned R15 or other similar .residential zoning , the following activities be explicitly permitted without regard to frequency or demonstration of prior similar activity , and without requirement of variance or permit under the Act : The routine maintenance of property , including construction of retaining walls , trimming of brush , and other such maintenance appropriate to residential use , The building of residential or related accessory structures in conformity with Town zoning restrictions ; BE IT FURTHER RESOLVED , that the Town of Ithaca also supports ongoing discussion with the City of Ithaca and Town of Dryden to enact local conservation measures for Fall Creek , with due consideration for property owners along the Creek , concurrent with the pursuit of designation under the Wild , Scenic and Recreational Rivers System Act . Town Board Minutes 19 October 2 , 1989 Supervisor Desch called for a roll call vote . Councilman 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 Nay STATUS OF KYONG PROJECT Supervisor Desch noted that Laura Holmberg the Attorney and Mrs . Kyong were in attendance . He also noted that the Board had a copy of the resolution that was adopted January 12 , 1989 . He asked the Board what they wished to do . Councilwoman Leary stated that she thought it was pretty plain we are going to get into it in Phase II . Supervisor Desch asked what was the basis for that conclusion? Councilwoman Leary replied , it ' s right in the resolution . Supervisor Desch replied and you are saying nothing has changed with respect to your thinking about the project that would suggest an amendn.nt or the removal from the table or anything else ? Councilman Klein replied that he thought , from his point of view, the resolution that goes back to January specifically said the Board would address the rezoning after the Phase I report . That Phase I report has taken several months longer to receive than anticipated and although he could completely understand the frustrated with the extremely long delay but since he also serves on the Ccm-prehensive Planning Subcommittee they also are rather flustrated in how long it is taking us to receive that report . It is scheduled , the deadline has been postponed several times and he thought there were meetings coming up next week were they were finally going to see more or less the final draft and we are beginning to see the end of the tunnel as far as the Phase I report goes . He thought that was the problem and we still may have to provide and receive input from our Consultant/Planner in terms of general land use plans of the Town in which to make some decision in terms of the appropriateness of a zoning change on that particular site . So unfortunately , he couldn ' t see , obviously something has changed . Route 96 isn ' t going to happen there but one of the things that the Consultant/Planner has pointed out to the Subcommittee is that our so called Comprehensive Plan is lacking in many elements , one of which is a general land use plan . Actually tie stated that he felt very uncomfortable untabling that resolution to deal with that site any way other than it ' s current zoned . Councilman Whitcomb remarked that additionally there have been other zoning requests since then , for example the residents along Route 96 (Danby Road) have asked that their properties be down zoned from R9 to R15 and that ' s on the table as well and he agreed with Councilman Klein that with planning the way it is currently he felt uncomfortable considering any rezoning requests until we are on firmer grounds with our comprehensive plan and our land use policy . Councilwoman Leary remarked , the way the conversation went , and when she reread it , it confirmed what she remembered , herself she Town Board Minutes 20 October 2 , 1989 wanted in Phase II to have the Consultant/Planner take a look at the project and see how it would fit in with the overall plan . She was still waiting for that but she felt this was the way it was left and all understood it . We are at the point now where we may be moving into Phase II . Supervisor Desch remarked that Phase II has yet to be defined , however . Councilwoman Raffensperger remarked that it does seem that in all fairness the Board was to have receive , in her recollection , was the revised draft of the Consultants report today and maybe it is in the mail but it does seem in all fairness to the owner that by our next meeting and she did not mean say that we can take it off the table necessarily but we ought to having received that report have a much better idea of the timetable to discuss with you about what kind of action we might take . We can ' t really just leave it on the table forever and either we are going to have to send it back to the Planning Board , give it to the Consultant , relook at it ourselves , but we do need to come up with a schedule to do that for the owners . Mrs . Laura Holmberg stated she would like to have the Board satisfy her curiosity , you rezoned the property for the Lucas Development , apparently with no problems with your comprehensive plan or anything . She stated that she was just wondering why one is treated differently than the other , why some rezoning is proceeded with and some can ' t be . It ' s been almost two years . Mrs . Song Kyong asked if the Board would kindly explain the reason why you treated her differently than the Lucas project . She stated that she would like to hear about it so she could understand why you held on to her project and made the decision quickly on the Lucas project . Councilwoman Raffensperger replied that we can only speak for ourselves individually as we voted but she felt every member of the Board voted for that particular rezoning , you are talking about , because it: had a residential component in it . It ' s the commercial component as far as the planning on West Hill that troubled her the most about: the Kyong proposal for rezoning so her reason was that the Lukas proposal for the elderly had only the residential component . That was her reason . Mrs . Holmberg asked , are you saying next month? Supervisor Desch replied , it sounds like beyond next month perhaps the December meeting but as Councilwoman Raffensperger said we will know more from the final report in terms of direction . Mrs . Holmberg replied , at that open hearing you had with the Planner when the Consultant spoke and asked questions , at that time they said they would contact us to talk to us about . . . . . we have never heard a word from them and we have inquired several times . We have never had any kind of communication or any report on what they wanted to know or needed to know . Councilman Raffensperger asked if Mrs . Holmberg or the Kyongs had contacted the Consultant ? Mrs . Holmberg replied , yes . Councilman. Klein replied , and they didn ' t respond? Town Board Minutes 21 October 2 , 1989 Mrs . Holmberg replied , no they didn ' t respond and that she had contacted. them. directly and gave them name , address and telephone number . DEER RUN PUBLIC FACILITIES Assistant Planner George Frantz stated that he had found today , what the 'Town Planner had left , a revised draft resolution . Thomas Niederkorn stated that he was trying to figure out what the Planner was saying but he believed it was that subsequent to the stage that is now being considered by the developer , the Planning Board wants to review the Open Space part of this particularly in conjunction with the public trail along the NYSEG right-of-way , he asked the Assistant Planner if this was correct . Assistant Planner Frantz replied that he thought it was the Town Planners key concern , as expressed to him , was that there be provision for sane potential future trail from the Troy Road Park , he believed , into the 7 1 / 2 acre triangular piece and possibly beyond . The 7 1 / 2 acre parcel is to be dedicated to Cornell University . Mr . Niederkorn stated that portion of that has been committed to the Haneawners Association and whether or not the developer , presumably the Homeowners Association would have to be involved in the discu:Dsion when it came time for it but he saw no reason why they shouldn ' t go over it with the Planning Board again at that time The site for the water tank would still hold and that would be one of the conditions of the dedication to Cornell . Councilwa.an Raffensperger asked how this was different than what the Board saw before ? Assistant Planner Frantz replied , what was before the Board at the September meeting was " therefore it is resolved , that the Town Board accept the location of the proposed trail easement in Phase IIIA and accept the location of Teton Court " , that ' s number one , that corresponds to " a " and "d " in the first paragraph of the resolves . Then it says that the "Town Board defer any consideration of approval of the proposed deed restrictions pending the further review by the Planning Board and the Town Attorney " , which has been deleted . Then "the Town Board defer any consideration of acceptance of the location of the proposed 7+/ - acre open space parcel to the north of the development pending a reccmmenda.tion on the program of such open space by the Planning Board in their consideration of approval of later phases of the project " . Councilwanan Raffensperger asked how cane this was not in the new one ? Assistant Planner Frantz replied that because that seven acres or so is going to be dedicated to Cornell now . Councilwanan Raffensperger asked if the Planning Board had recommended that? Assistant Planner Frantz replied , that he was not sure . Mr . Niederkorn replied that that was always an area to go to somebody and it was assumed to be Cornell except when the water tank came up . Town Board Minutes 22 October 2 , 1989 Supervisor Desch remarked that he thought that i was in the earlier discussions , if you go way back before the first phase . Councilwcman Raffensperger replied , that if her recollection was correct , in the Homeowners Agreement or whatever it is called , the approval of a change in that , the Planning Board said that they would have to look at it before Building Permits were issued and the Town Board would have to look at it before Certificates of Occupancy were issued . Town Attorney Barney replied , this is just for the location of utilities and roads . Councilman Klein asked if this also says there will be a trail along the right-of-way to the park ? Assistant Planner Frantz replied right , the Town Planner wants to at least have some sort of a provision for an easement that would allow us -to do this . Councilman Klein asked about proposed planting island in Whitetail Drive , Mr . Niederkorn replied that there was a detail drawing of this sent earlier . Assistant Planner Frantz replied that the Town Board did not have this , the Planning Board received it for their meeting tomorrow . Councilman Klein stated that he thought the Homeowners Association would be a better group to maintain it as opposed to adjacent property owners . The Homeowners Association mows the lawns and takes care of the bushes anyway . Supervisor Desch remarked , the trouble is it ' s within our right-of-Fray . Assistant Planner Frantz remarked that it was his understanding that the Homeowners Association is not going to extend to the Phase III which includes Whitetail Drive where those island are and that is why . Mr . Niederkorn replied , this is correct . He went on to say that his understanding was that it was always the developers intention that the Homeowners Association be responsible for this island . The one on the north is actually a part of land that is surrounded by the Hcmneowners Association so the intent was that they be responsible for that and they would set aside a certain amount of money , if required . The specific instruction to the landscape architect was that it be planted in such a way that the maintenance would be minimized . Town Attorney Barney if you want to adopt the resolution we could add to it by saying that the plantings on the islands should be maintained by the Homeowners Association or adjacent property owners under an agreement and/or deed restrictions subject to the approval of the Town Attorney , Supervisor Desch replied , we have to deal with the liability issue , that ' s why you are talking about an agreement . Councilman Klein asked if the Town had to accept the island? Couldn ' t that be part of the Homeowners land? Town Attorney Barney replied that he thought the concept was for the Town to accept the island because ultimately if the maintenance Town Board Minutes 23 October 2 , 1989 was not clone for traffic control and visibility and other concerns the Town Highway Department would have the final voice . Supervisor Desch remarked , to do it and charge it back . RESOLUTION N0 , 269 Motion by Councilman McPeak ; seconded by Councilwoman Raffensperger , WHEREAS , this action is the consideration of acceptance of the locations of proposed roads and other public facilities for the Deer Run Subdivision , and WHEREAS , the Town Board on October 2 , 1989 has reviewed the proposed application materials and has heard the presentation of the proposal by the applicant , NOW THEREFORE BE IT RESOLVED , that the Town Board accepts the location of the following : a . The proposed . pedestrian/bicycle right-of-way on the south edge of the site in Phase III , b . Marcy Court , c . The proposed western extension of Whitetail Drive with two planting islands , d . Approximately 600 feet of Teton Court , e . Reservation for a possible future tank site and access easement from Teton Court , subject to the following requirements . 1 . Plantings in the proposed islands on Whitetail Drive shall be maintained by the Homeowners Association or adjacent property owners under an agreement and/or deed restrictions subject to the approval of the Town Attorney . 2 . Prior to any final subdivision or final site plan approvals for later phases after Phase III and Teton Court , such later phases including Marcy Court and the final subdivision of lands proposed for conveyance to Cornell University , there shall be a review by the Planning Board of the proposed public open space access as modified from the plan as preliminarily approved by the Planning Board on March 17 , 1987 , including the provision of easement or right-of-way for potential future public trail access along or parallel to the NYSEG right-of-way , along the easement from Teton Court , and within the open space to the north of Teton Court . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AM ENDING 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 occupancy by unrelated persons having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Board Minutes 24 October 2 , 1989 Supervisor Desch noted that the Board had copies of the new proposed local law and a letter from the Chairman of the Zoning Board urging that the Board defer any action on the proposed local law until after the Planning Institute meeting . Peter Hillman , 370 Stone Quarry Road stated that he had looked over the revisions and personally he was quite pleased with it . He stated that thought that this ordinance and the addition of the Noise Ordinance will go a long way in preserving the family character of our neighborhoods . He stated that the only comment he had was"'with the parking , and that he had no problem with people owning multiple cars , people can have a fine collection of automobiles and if they have a place to put them that is not a problem . The problem with parking is when people park on the Town right-of-way . That ' s a problem he has had where people actually park on the shoulder of the road and when you start cluttering up the right,-of-way with lots of cars when there is no place for them at the designated house that they belong to , that becomes a problem . He went on to say that he did not know if that was a problem that can be addressed or is already addressed by local ordinances or not . Supervisor Desch replied yes and no . At the last hearing the Board decided to take out the restrictions as to the number of cars you could park on a single family or a R15 or R30 lot . The issue of parking along the road is addressed by the Parking Ordinance and there are many places where parking is prohibited on the shoulder . Mr . Hillman remarked that he would like to investigate that for his neighborhood as it is a constant problem . He stated that he had no problems with people who just have a party as that is just temporary but if it ' s an on going thing with people on a permanent or semi-permanent basis that is a problem . He went on to say that another thing that he was concerned about was that he could imagine three elderly women having to plunk down some money to obtain a public hearing and he stated that he would feel a lot better if the fee could be waivered for elderly citizens or people who don ' t have the means to pay for it . He stated that he did not think this law should put: those people who he certainly considered having a good reason for several of them living in a single family dwelling to bend over backwards to help them . He stated that he was still confused with the non-compliance and certainly with the Noise Ordinance it spells it out very clearly the problems of non-compliance and he thought he would feel better if in the section it: would say refer to another section in law in terms of people who do not comply with this . He did not know what power the Town had if the ordinance was not in compliance . Town Attorney Barney replied , this is an amendment to our existing Zoning Ordinance and the Zoning Ordinance itself has a section with a general set of penalties and prosecution under the Zoning Ordinance . As no one else present wished to speak for or against the proposed local law , the Supervisor closed the public hearing . Building Inspector/ Zoning Officer Andrew Frost stated that he had a couple of things he wished to comment on . On page 3 , does this give any power to the Zoning Officer to decide and make the determinations that are otherwise the findings of the Zoning Board? In other words , if he had a group of people and they show him - receipts , leases and a whole variety of things that would meet the conditions that you spell out for the Zoning Board to make a determination , does it have to go to the Zoning Board as proposed? Town Board Minutes 25 October 2 , 1989 Supervisor Desch and Town Attorney Barney both answered yes , it has too Mr . Frost went on to comment , so basically things are going to the Zoning Board one of two ways , whether the landlord or the tenants take the initiative and make the assumption that they know the law and they are going to come to the Zoning Board prior to rental to get themselves defined as a family or secondly it would be by a _ violation when someone complains to him and he asks for proof that they are a family . One page 5 , is the amendments that the Town Attorney has made based on his cover letter . What we currently have is the ability for three unrelated people to be in a house or in a two family house we could have a total of three unrelated which is what you are proposing , one up , one down with and no more than two unrelated . One thing that always makes him nervous when amendments are made to the Zoning Ordinance is the number of legal non-confonning uses that we now create . If someone has been renting a two family house and continually had three unrelated people in it , two up , one down , whatever the case might be , they are legal non-conforming , do they have to conform with this ? Town Attorney Barney replied Councilwoman Leary made a comment at the last n eeting , what about two people living in a unit that are not living together as a single housekeeping unit , not cooking together , not buying their food together and things like that , are they prohibited? The way it was drafted before technically they were so the changes that we made were to provide that an individual can live in a unit , or an individual plus a boarder , roomer or other occupant . So effectively you can now have in a two family house without having to demonstrate that you are living together as a single housekeeping unit , you can have four unrelated people . Mr . Frost replied that that was what he thought in reading the Town Attorney ' s cover letter but in reading number 5 , 2A , you are saying that a two family dwelling shall be occupied by not more than two families except that one or both units may , if not occupied by a family , then you go on and the last thing says or one individual in each unit . Now does that say that one individual in each unit can have a boarder or you can only have one individual in each unit , period , giving you two unrelated people ? Town Attorney Barney replied that he would have to look at the Ordinance because he thought that the section that that relates because the changes that we made throughout we picked up individuals and families in a subdivision relating to one family dwellings there is a tendency to cover the same in a two family dwelling . Mr . Frost remarked , a one family dwelling could be an individual or . . . . . Town Attorney Barney added that what he was attempting to address there was the way we phrased it before , a two family dwelling shall be occupied by not more than two families which by definition and individual was not a family , therefore , the two family dwellings could not be occupied by individuals . Mr . Frost replied , but you could , under the old Ordinance , have a family plus two unrelated in the downstairs . Town Attorney Barney replied , you could but that definition is not acceptable under the law , i . e . , McMinn decision and that is why we are here . Town Board Minutes 26 October 2 , 1989 Mr . Frost. replied that he understood that but what he was having trouble with was are we now saying that you can ' t have three unrelated in a building , you can now only have two ? Town Attorney Barney replied that that was not the intention . This was intended to address that problem that individuals couldn ' t live in two family houses . The idea was four , which was one individual plus a boarder . Councilman Whitcomb remarked that the one above that was amended to read similar to that but item three isn ' t unless it already says it in the Ordinance . Mr . Frost went on to say that in reading the single family that leaves you with an individual plus a boarder which leaves you with two people now not three . And the same with the two family it leaves you with two . Councilman Bartholf remarked , look at your environmental assessment form and in there it says two unrelated plus one boarder , here it doesn ' t . Councilwoman Raffensperger remarked that the Town Planners environmental assessment form did say that and all the information we got did really lead us all to believe there was an increase of one person . Town Attorney Barney replied , that was the intention . The Town Attorney went on to say that the way it was phrased , and he would have to look to the Board for guidance as to how they wanted it , if you have a two family dwelling , we define it as being occupied by no more than two families . A family by definition now consists of two persons living together as a single housekeeping unit so that was the basis for the Town Planner statement , you have up to four unrelated people in a two family . He stated that he toyed with the idea of throwing in here a family plus a boarder but that then opens the door to having three unrelated people in each unit or a total of Six in a two family house . He stated that he had a sense , correctly or incorrectly , that that was not going to be acceptable to the Board . If you want it that way it can be drafted that way but that is why there is a distinction made here where you can have an individual or two unrelated people acting together as a single housekeeping unit times two in a two family house , having a total of four or you can have two individuals but you can ' t have an individual, and other person not living together as a single housekeeping unit . Mr . Frost remarked that he understood what the Town Attorney was trying to say but it didn ' t seem to be on the paper here . Councilman. Whitcomb remarked that it did not address Councilwoman Leary ' s concern in a two family house . Town Attorney Barney replied this is correct . Councilwoman Leary remarked if it did you could end up with six , three in each unit . Councilwoman Raffensperger remarked , that is doubling what we permit now . Councilwoman Leary remarked , in a single family house you say you can have one individual and one boarder . Town Attorney Barney replied , we allow boarders in single family houses we don ' t allow boarders in two family houses . Town Board Minutes 27 October 2 , 1989 Councilwoman Leary asked if you could have one individual and one boarder in each unit ? Then you just end up with four . Town Attorney Barney replied that he thought that if you start to define it in that way you are back to defining basically as unrelated people in there . The object here was to make no distinction between a family and a group of people living together as a family . The minute you start saying an individual plus a boarder is okay but a family plus a boarder is not okay , now you are creating two unrelated people again . Councilwoman Leary remarked , only because a family is more than one person , just looking at numbers . The principal of the thing was for only two people you shouldn ' t have to prove and you shouldn ' t have to be living as a family . Maybe you have a roam mate for economic reason . Town Attorney Barney replied , the minute you say that you ' ve jumped back into defining your occupancy by unrelated people and that ' s what the Courts have said we couldn ' t do . Councilwoman Leary replied , but in the case of the single family you are saying an individual and a boarder are okay . Councilwoman Raffensperger remarked , if you only have two people living in a unit , who is really going to go in there and examine whether or not if they cook together? It ' s not going to be that over occupancy problem that has led us into having to try to do scmething about this . Councilwcanan Leary replied , but if you are saying that it ' s okay in a single family house , an individual and a boarder , we should say its okay for an individual and a boarder in a two family . Town Attorney Barney replied , what we are saying is we are giving the boarder privilege to everybody so that we are not using the boarder as a mechanism for measuring the number of unrelated people . What we are simply saying that in a single family house you can have boarders whether you are occupying it as a family or a single in or otherwise . But once you get into two family by application of the same principal , you now have the potential for six people . Councilwoman Leary asked , how about saying then two individuals ? Town Attorney Barney replied but then you are back to defining by numbers of people again . Councilwoman Leary remarked , you should make it allowable whether these two unrelated individuals . Supervisor Desch remarked , the question is do you want to allow a boarder in. a two family house . Councilwoman Leary replied no what she was saying was to get away from the boarder idea . Town Attorney Barney replied that the problem was it was running very close to , if not , right in the face of the McMinn decision . Councilwoman Leary replied , but aren ' t you calling these people either families or individuals ? Town Attorney Barney replied but we are not measuring occupancy by numbers of people , we are measuring occupancy by family . Then we say you are a family if you meet these other requirements regardless of the number . Town Board Minutes 28 October 2 , 1989 Supervisor Desch asked the Zoning Officer if he was satisfied? Mr . Frost replied , no . Starting with number 5 which is again carried over to the other pages for the other articles that in two family requirements you are saying that you can ' t have more than two people in a two family house , the way that is written . Town Attorney Barney replied , no . Mr . Frost replied but you aren ' t using the word family when you get down to the very last , or one individual in each unit . You are saying one person in each unit . Town Attorney Barney replied that in each instance it doesn ' t start out . . . . . . 0may be he was misreading it . . . . . . a two family dwelling may be occupied by not more than two families . Mr . Frost continued , then you go on by saying if it is not occupied by a family it can be occupied by an individual , i . e . , a two family dwelling shall be occupied by not more than one family in each unit or one family in one unit or one individual in each unit . Town Attorney Barney replied , but by definition a family is two people , two times two is four . Councilwoman Leary asked about the possibility of a waiver for the fee , if you can prove financial hardship . Councilman Klein asked what was the fee ? Town Attorney Barney replied , the fee is $ 40 . 00 . The Board agreed this was a separate issue and did not belong in this local. law . Councilman Bartholf remarked that perhaps the people attending the conference would have some more input when they return . Town Attorney Barney remarked that we have a situation which is unenforceable and he suspected that a months delay would not cause the Town to live or die and he expected to be at the conference and he certainly welcomed input but did the Board want to wait? He stated that his sense of it was that if we proceed to adopt it tonight and we get some input that is helpful there is nothing preventing the Board from amending the amendment . Supervisor Desch remarked that it was confusing enough as it was and he would have to have two sets with amendments that were different . Councilwoman Raffensperger remarked that even if something of moment comes back from that meeting , we all listened to it at the Association of Town meeting , and unless a miracle has occurred since February she did not think there was an awful lot out there except this kind of device to take care of it and since we have had pending what we consider to be occupancy violations for a long time she thought the Board should go ahead and do this and if indeed this miracle occurs down there in the Catskills we ' ll handle it when we find out about it . Supervisor Desch replied , what you are saying is that this is likely to be on the books for sometime . Councilwoman Raffensperger replied , it would take a while to work through . Town Board Minutes 29 October 2 , 1989 Town Attorney Barney remarked , the process here is based upon some input from Kevin Crawford the Attorney for the Association of Towns so this is not something that came out of the back room of Barney , Grossman and Roth . The City ' s ordinance is quite similar . None of us really know if it is a device that will work until it is litigated . Councilman Bartholf asked if one month would cause a big problem . Supervisor Desch replied that that was what the Board had to decide . He asked if there was a motion? Councilman Whitcomb replied that he would make the motion . Councilwoman Raffensperger replied that she would second the motion . Supervisor Desch stated that he needed to make a determination on his signing the Certificate of Necessity because the proposed local law was not in the hands of the Board members ten days prior to today before the motion is voted on . He went on to say that if he determines there is a need to sign the Certificate then the Board will need to deal with the environmental assessment . Supervisor Desch stated that he was going to declare that there was not a Certificate of Necessity for the number of reasons that he had heard , number one the conference , number two the doubt on the mind of the zoning Officer in terms of some of his questions and the environmental assessment . With that the motion stands on the floor unless the Board wishes to adjourn the hearing until another time Councilwoman Raffensperger remarked to the Supervisor that you have said there is not a necessity for the Board to adopt the proposed local law tonight and , therefore , you will not sign it . That being the case then would we need to have another public hearing? Supervisor Desch replied no , the public hearing is closed unless we amend it or change it . RESOLUTION N0 . 270 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca authorize the placement of the Environmental Assessment and the consideration of a local law amending the zoning Ordinance concerning occupancy by unrelated persons on the November 1989 Town Board Agenda . (Desch , Mc'Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Councilwoman Leary remarked that she had a question on the multiple part , you can only have three people living together not as a family? Town Attorney Barney replied , you could have three unrelated persons not any of them acting as a single housekeeping unit . You could have four unrelated persons if two of them acted as a single housekeeping unit . Councilwoman Leary asked , what about apartments with four bedrooms ? They do exist . Four roommates , no family . UNUM E- 1111 Town Board Minutes 30 October 2 , 1989 Town Attorney Barney replied if two of them lived together as a single housekeeping unit , if they did not it would require a variance , Councilwoman Leary replied , but there are four bedroom apartments in Ithaca . Councilwoman Raffensperger remarked , if there are four bedrooms and four people living there who is going to cite them or complain that there are four people living in a four bedroom apartment? Nobody . Councilwoman Leary asked , why are we making an ordinance that is clearly at variance with existing conditions in the Town? Supervisor Desch suggested that the Town Attorney , Zoning Officer and Town Planner think about Councilwoman Leary ' s question . We need to look at real life situations that exist out there , like College Circle , Maplewood Housing whatever is out there to see what non-confoi:ming uses or things that suddenly the Zoning Board is going to end up with two meetings a month for the next year . Councilwoman Raffensperger remarked , either we go with the kind of device that the Town Attorney has come up with or we lose all regulation of occupancy . She stated that she could see the logic of picking away at and you can find circumstances where it seems a little ridiculous but she was not willing to lose the Boards rights to regulate occupancy numbers . RUMSEy REZONING REQUEST Assistant Planner George Frantz stated that he was unable to get an excerpt of the July Planning Board minutes but the Town Planners memo (which follows ) sums up the action . The Planning Board on July 18 , 1989 conducted a sketch plan review of the proposed rezoning of Town of Ithaca Tax Parcel No . 6-38- 1-2 and 6- 38-1-3 , located at 110 and 116 East Buttermilk Falls Road , from R-30 to Business "C " . The proposed rezoning was referred to the Planning Board by the Town Board at a previous Town Board meeting . The Planning Board recommended that the matter be referred to the Zoning Board of Appeals . Assistant Planner Frantz summarized by saying the Planning Board was not in favor of the rezoning and referred the matter to the Zoning Board of Appeals for a variance . Supervisor Desch asked the Town Attorney what the role of the Town Board was in this matter . Town Attorney Barney replied , there was an application made to the Town Board for the rezoning , referred to the Planning Board for the recommendation . The Planning Board was not in favor of the rezoning . Now the Town Board needs to respond to the applicant and say either in spite of the Planning Boards recommendation the Town Board will rezone or the Town Board is going to follow the Planning Board recommendation and not rezone . The reason it has some significance is because we have a court law suit involving this property because they have outside storage which is kind of held in limbo to follow the processes in the Town for possible rezoning and until those processes are brought to a closure , it ' s a little difficult for us to go to court and argue , take your stuff out of the backyard there . RESOLUTION NO . 271 Motion by Councilwoman Raffensperger , seconded by Supervisor Desch , Town Board Minutes 31 October 2 , 1989 RESOLVED , that upon the recommendation of the Planning Board the Town Board does not wish to consider the rezoning of Tax Parcel Numbers 6-38- 1-2 - and 6-38- 1-3 , located at 110 and 116 East Buttermilk Falls Road , from R- 30 to Business "C " at this time . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RATIFICATION OF APPOINTMENT OF ENGINEERING TECHNICIAN Town Engineer Sally Olsen introduced Scott McConnell , the new Engineering Technician . RESOLUTIO14 N0 . 272 WHEREAS , the Search Committee received 13 resumes for the position of Engineering Technician and 5 candidates were personally interviemE d , and WHEREAS , the Search Committee unanimously selected Mr . Scott McConnell as the candidate of choice and recommend his appointment to the Toum Board , and WHEREAS , the Town Board members have verbally approved the appointment of the candidate of choice , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca officially approve the appointment of and does hereby appoint Mr . Scott McConnell as Engineering Technician beginning employment. on October 2 , 1989 , at an annual salary of $ 20 , 000 , with consideration for a salary increase upon successful completion of a 6 month probationary period . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RATIFY AUrjHORITy OF TOWN ATTORNEY TO REPRESENT TOWN IN BROWN ACTION Councilman. Whitcomb asked if this was something that should be discussed in Executive Session? Both the Town Attorney and the Town Supervisor responded yes if you have questions . Councilman Whitcomb replied that he did . PERSONS TO BE HEARD Doria Higgins , 2 Hillcrest Drive stated that it was not something that she wanted to say but something that she thought she should say . Ms . Higgins went on to say that she not only regretted the need to say it but she also regretted for reasons she need not go into . She went on to say that she hadn ' t written her statement and that she might ramble . Ms . Higgins stated that she was sorry to say that her June 7th statement to the zBA , copies of which she had sent to the Board , had two incorrect statements . One , she had said the State :DOT compiles data on accidents which exceed $ 600 and this data is sent to the County Planning Commissioner . Inaccuracy No . 1 , State IK)T does not send data on accidents with occur on State roads to County Planning Departments . Neither County Planning nor herself were aware of this and when she painstakingly went through their computer printouts on accidents so of course she did not find any accidents listed on Route 96 because there were none on the Town Board Minutes 32 October 2 , 1989 printouts and she had come to the Board and said there were no accidents reported in the last three years on Route 96 . But this is an instance where here statement , which she did not have with her , was accurate but the meaning was wrong because she had said she went through the records this morning and said that she could not find any record of accidents . But the implication was that they were there and they were not there . Then , inaccuracy No . 2 , she stated that she had said that the data that the Sheriff ' s Department'`_ and the State Police send to the Motor Vehicle Department who then send it on to DOT includes not only reportable accidents the ones in which property damage was $ 600 or more or there was human injury or fatality and she stated that she had also said that the data they send in was only the reportables , but in addition State DOT figures include what they call non-reportables . These are minor accidents which the State Police and the Sheriff ' s Department , for scene reason , have been asked to investigate . According to DOT in Syracuse the accidents reported for the half mile strip of Route 96 at DuBois Road for the three year period from September 185 to August ' 86 was 26 accidents . Mr . Simburg said that this number was nearly twice the state average for a two-lane rural road . But he also said the severity was less than state average . She stated that she had pursued this further and Mr . Barry Stevens of DOT told her that the number of non-report:ables in that 26 with either 13 or 15 , because of an earlier error they couldn ' t tell if it was 13 or 15 . Let ' s say it was 15 , that means the number of reportable accidents , the ones with over $ 600 damage was only 11 , only 42 % . And the percentage of non-reportables , those minor fender benders , would be - only 58 % . We thought that was significant . He also said that only two of the accidents involved the driveway into the vegetable stand or the antique shop . Last month she stated that she had commented on how difficult it was to get accurate information on this subject . She stated that she had asked specifically whether or not they could specify whether it was to the antique shop or the vegetable stand and they said there was no way they could . Only two were connected to the driveway and only three were connected with DuBois Road . She stated that she had other information but the main thing was that she had misled and she hoped that all would understand that her intention was to give accurate information and she was appalled at having to correct it at all . Celia Bowers , 1606 Trumansburg Road stated that the West Hill Neighborhood Association did write to DOT when Brown applied for his new large building there because we wanted to get facts and figures . The letter we got back , which came about 10 days ago , said that in the last three years the numbers of accidents on that section of the road was infact about twice the state average . Three accidents were associated with DuBois Road , two and they told her specifically in writing and she said she thought you ( the Board) have a copy , with the fruit stand . She stated that she had reported both of those accidents , one was a personal injury accident and a car was totaled in the other . She stated that this was for a three year period , ' 87 , ' 86 and 188 and of course in ' 88 the fruit stand was closed so in fact you have two accidents associated with the fruit stand in two six month periods of operation . HEIGHT LIMITATIONS Harrison Flue , of the AMG passed out pictures and the following letter , dated October 2 , 1989 to the Supervisor and Board Members for the Board members to read , saying they would be back to the Board at a later date : "We would like to draw your attention to an inconsistency in the Town ' s Zoning Ordinance regarding height limitations . Local Law No . 19 , 1988 ( adopted 12 / 12 / 88 ) amended the Zoning Ordinance to Town Board Minutes 33 October 2 , 1989 limit " lowest exterior grade " to 30 feet and "Lowest interior grade " to 34 feet . This means that a tuuo story house with a steeper , traditional roof pitch which meets the exterior height require moits would not be allowed to have a basement , even if it did not show on the outside at all . A typical bi-level ranch house is 24 ' to 25 ' above grade . Our more traditional style houses range from 26 ' to 30 ' above exterior grade . 5"hus , under the current ordinance , a basement (which doesn ' t chow above ground) is permitted under a bi-level ranch house but. is not permitted under a typical two-story saltbox , Victorian ,, Colonial , Federal or Greek revival house . We believe that the Town Board did not intend to make it necessary for area builders to reject our local architectural heritage . We also assume that the intent may have been to prevent a massive three- stony appearance where a walkout basement is planned . We would be glad to work with Town staff to create an amended ordinance that will serve to regulate height without discriminating against traditional architecture . " 1990 TENTATIVE BUDGET Supervisor Desch noted that with respect to the Budget , obviously this becomes the Boards budget following the presentation . The Supervisor then presented his 1990 Budget Message : The 1990 'Tentative Budget includes those priorities that the Budget Officer judges to be the most critical to be met while maintaining the zero Town tax rate . Sales tax revenues are forecasted to increase by 8 % due to the robust health of the local economy including in particular the commercial areas in the Village of Lansing which impact the Town of Ithaca ' s share of the County sales tax . In preparing the Budget I asked the department heads to project aqd/or document their needs for the next three years . These projections and work sheets are available to Town Board members . PERSONAL SERVICES The positions approved in 1989 ( i . e . , Assistant Zoning Officer/Building Inspector , Department Secretary - Building/ Zoning and Engineering Technician) are included in the Budget at the full year impact , the latter being included in the Water and Sewer Funds . The Planning Department request for a Planning Technician is included for a July 1 start to compliment the combined Town staff , consultant , and County work on the GIs within the constraints of revenue available . The salaries generally are in the 6. 8 % range which is beyond the 6 % pool set by the Town Board . The primary reason for the difference is the fact that the Town was just informed that the health insurance premiums will go up about 50 $ , 15 % of which will be an employee expense , and that translates into about 1 % of salary for those employees on the family plan . We could lower the salary increases if we chose to have the Town cover all of the health insurance increase , but our employees are generally below salary levels for ccanparable positions elsewhere , so I am not concerned that the proposed increases will create a problem in future years . NEW EQUIPMENT 1 . A unified plan for upgrading the overall Town computer capability and replacing obsolete equipment has been developed by Linda Nobles . I have included the proposal in Town Wide Share Services on the basis of a 3-year lease /purchase at $ 9 , 000 /yeare mom nuw�rupnirr i��m"rtrn�®rnrtiurowi�nuie�ursunr•� Town Board Minutes 34 October 2 , 1989 This will enable us to replace the Displaywriters which have been reliable but no longer are supportable by IBM . It will also enable us to upgrade accounting and payroll services , Town Clerk ' s services , etc . 2 . The Engineer Department request for a van to provide a better means of transporting the surveying equipment at $ 15 , 000 is not included . It may be possible to get one of the Bolton Point vans that they are trading in next year . NEW SERVICES 1 . The ]payment of the cost for cleanup of the contaminated well at the Highway Facility will be made this year , hopefully in total , but there probably will be continuing direct Town costs for operation of the recovery system until the new public water service is installed . I have included $ 4 , 000 for that service . 2 . South Hill Bus service . Discussions with TOMTRAN point to the probability that bus service will become a reality for the Danby/Kind/Troy/Coddington Road loop in 1990 , providing a combined Town and developer subsidy becomes a reality . This seems quite likely , and I have estimated the Town share of about a $ 25 , 000 subsidy to be $ 6 , 000 . PLANNING The department head request for funds to contract with the County and CLEARS for the GIs is included in the category of Planning Studies at: $ 20 , 950 . It is also assumed that a Planning Consultant will be retained for specific tasks at a total of $ 10 , 000 in conjunction with the work of the Comprehensive Planning Committee which is estimated to meet on a monthly basis throughout the year . HIGHWAY BUDGET The 1990 Highway Budget is straightforward with the exception of the Permanent Improvement section . the 10-year Paving Plan for 1990 schedules roads that were determined to need only surface treatment at this point in time . However , there is a desire on the part of the Board and , in many areas , the property owners to move more toward a program of cyclic blacktopping and surface treatment rather than strictly surface treating those roads that may , in the past , have been determined to be lighter duly . The Highway Superintendent prepared four alternatives which include different combinations of hot mix , cold mix and surface treatment . The Tentative Budget includes the alternative that he recommends , namely the application of cold mix on about half of the streets that were to have been surface treated and then surface treating the balance . The incremental cost to pave the balance of the streets would be $ 197 , 000 ( exclusive of raising manholes and valves) , and is beyond the ability of our Highway Department to do in one year , and obviously beyond the revenue available without a substantial tax increase . WATER AND SEWER FUNDS 1 . In the Water Fund the revenues are increased to recognize the need to implement the planned maintenance program on the Town Water System , including a portion of the new Engineering Technician salary . The source of the revenue is an increase in the surcharge from 10 % to 15 % . This will increase the average quarterly water bill in the range of $ 1 . 00 - $ 2 . 00 . 29 The sewer Fund revenues reflect an increase in the Joint Activity sewage treatment rate of $ . 16 / 100 cubic feet . This is a 30 % increase which is due to the County implementation of a tipping fee for sludge disposal which , unless waived , will cost $ 300 , 000 - $ 400 , 000 per year . The Town rate would increase from $ . 77 / 100 SHIMEN Town Board Minutes 35 October 2 , 1989 cubic feet to $ . 93 / 100 cubic feet if we needed to raise the full increment . However , the Sewer Fund is still overrecovering , so I have budgeted a 10 % increase in the sewer rate to $ . 85 / 100 cubic feet . Keep in mind that we may need an additional increase in the sewer rate to take into account additional sludge disposal costs in the event the new County landfill opening is delayed or a composting alternative is not operational . We will know much more about this at budget time in 1990 . FIRE PROTECTION The Fire Protection Budget includes the actual contract obligation amounts with the City of Ithaca for the Town share of the operating and capital costs . The increase translates into a Fire Tax Rate increase of $ 0 . 644 / $ 1000 or an increase of $ 45 . 08 on a $ 70 , 000 house assessment . LIGHTING DISTRICT A budget f:or the new Winners Circle Lighting District is included . Finally , as a reminder , we need to approve the salaries of elected officials for 1990 so that they can be published for the November 91 1989 , public hearing on the Preliminary Budget . The Tentative Budget as presented on October 2 , 1989 , becomes a public document following the presentation . Recommendations for changes by Town Board members can be incorporated in the Budget up to October 27 , 1989 , at which time the Preliminary Budget will be prepared as presented for the public hearing on November 9 , 1989 . Changes can be made following the public hearing so long as adoption as the Final Budget occurs prior to November 20 , 1989 . I would be pleased to meet to discuss any aspect of the Budget at any time Supervisor Desch walked the Board through the budget . He went on to say that going down through the budget he would simply give the Board those changes that will be obvious to them by the significant increase above the 1989 numbers and those things that are putting P ressure an the budget . He went on to say that the first thing was the Justice category , you will see basically the acknowledged cost of the Court Clerk activities in addition to the salaries of the Justices , that is the reason for the difference there . On page 3 , under Town. Engineer equipment the van that was requested is not in the budget . Page 4 , Shared Services , the equipment payment item of $ 9 , 000 is the first payment on lease of a new computing system which pull'_s together many of the systems that we have . Page 5 , Superintendent of Highways , increase takes into account the making permanent of part-tip clerical support in that department . Page 6 , under Playgrounds and Recreation , the Pleasant Grove Walkway includes the second and final payment of the Town for our share of the cost of that . He stated that he wished to caution the Board that under Joint Old Age and Youth Projects , the figure of $ 153 , 590 is the figure that the City has given us , however , that depends on what the County does in terms of picking up all the cost of the youth development . Supervisor Desch went on to explain the Revenue saying that when you put that all together obviously the source of revenues that has to go up to pay for the additional appropriations is the tax rate paid by the people who live in the village of Cayuga Heights and the sales tax distribution , that is needed to be apportioned to the Town-wide budget . You will see under appropriate fund balance the number that we are putting forth in the budget this year is lower because the balance in that account does not allow or justify the higher number , so it will have to be made up in other ways . nrnu� ��w��nin n�rtwE m Town Board Minutes 36 October 2 , 1989 The Supervisor went on to the Part-town budget and appropriations on page El , the only significant change there is that under this budget there is no plan , year end 1990 to pay over to the County any balance of unused sales tax . Page 9 , reflects the costs of Zoning , the additional employees . Under Planning , the Town Planner requested a Planning Technician for a full year which he stated he could not work out in terms of financing to afford to do it so its in there for six months . Under planning study the number of $ 32 , 750 has a lot of things that were in the Town Planner budget but a lower figure than was budgeted for 1990 but is higher than will be expended in 1990 . It includes $ 10 , 000 for continued consultant: work and includes the first effort with the County on the Geographic Information System . Councilwoman Raffensperger asked about the amount of money for the County study , by approving a total in here we do not necessarily approve specific items ? Supervisor Desch replied no , and as a matter of fact he was torn about reducing that another $ 10 , 000 because he felt the Town Planner was underestimating the amount of time it will take to get that going . You could probably get away with $ 10 , 000 . On page 7 of the revenues you will see the influence of the sales tax . Highway Fund appropriations , the item for permanent improvements of $ 163 , 000 the Highway Superintendent put this together with four options as stated in the budget message . Everythings else in the Highway budget is pretty close and pretty tight to the requested amounts . The Supervisor went on to the Water Fund , the revenues , the water benefit charge simply reflects the estimate for the current number of water benefit units that are hooked up at this time and that will derive the benefit assessment that is shown there . The metered water sales is up a little less than 10 % . The big change is the water service surcharge which goes up $ 30 , 000 from $ 70 , 000 to $ 100 , 000 . The reason for that is that there is plugged into this budget a 5 % increase , it ' s misleading because its really a 50 % increase because the current surcharge is 10 % of the water bill . In order to provide sufficient revenues to maintain the system , it will be about $ 1 . 25 additional on an average water bill , about $ 4 . 00 a year . Going on to the appropriations you will see the combination of repairs and improvements has increased . The Bolton Point benefit charge has decreased for two reasons , one the share of the total volume of water used in the Town of Ithaca in relation to the total used by all five municipalities is going down with the new districts in Lansing and Dryden . The total amount to be collected was reduced from $ 275 , 000 to $ 225 , 000 . That is the figure that has been adopted by the Commission . The other thing to be pointed. out in both the water fund and the sewer fund is the new Engineering Technician position as it is split between those two funds . There are no BAN ' s left , they have all been permanently financed . Councilwoman Raffensperger asked why had the payment to the City for West Bill water gone up so much , additional units or additional charges ? Supervisor Desch replied , additional units . The rate has not changed . He went on to say that the same senario applied to the sewer fund , although where you do see sewer rents that does reflect a rate increase . He stated that he budgeted for a 10 % increase even though the actual increase may be 20 % . The reason for the increase IS the tipping fee by the County on the disposal of sludge . I: f it is sustained as it is now planned it will cost the joint operation $ 400 , 000 a year . He stated that he had not increased by the full amount because there is some promise that we Town Board Minutes 37 October 2 , 1989 may get it reduced and we are still overrecovering on revenue on this budget . No change in surcharge as far as sewer is concerned . In the lighting districts , the numbers simply reflect the status of each of the fund balances in each of the districts . Fire Protection , the Supervisor stated that the amount that you see under the appropriations is the amount that will be owed to the City under the contract , the equipment , the fire stations , etc . The Village of Cayuga Heights is estimated as we do not have the figure yet . The next page contains the estimated fund balances in each of the funds . He went on to say , so what happens then as far as tax rates are concerned , in the Village of Cayuga Heights for their portion of the Town-wide budget their tax rate would increase from $ 1 . 763 to $ 2 . 013 which is a 14 % increase . That ' s about a $ 20 . 00 per year increase . One of the reason that went up by that amount percentage wise is because the assessed value of property in the Village actually went down a bit . Under Fire Protection , the tax rate goes $ 3 . 68 to $ 4 . 324 , that ' s a 17 % increase or about $45 . 00 a year . Councilwoman Raffensperger asked if she understood the Supervisor to say that this budget does not include a projection of any return to the County? Supervisor Desch replied , right . Councilwoman Raffensperger asked how much was returned this year ? Supervisor Desch replied , the budgeted amount to be returned is $ 51 , 000 . Supervisor Desch remarked that the Board did need to take action on the elected officials salaries because of the publication requirement . Town Board members salaries are budgeted at $ 4 , 700 each , Town. Justices at $ 9 , 000 each and Town Supervisor at $ 18 , 000 . Councilwoman Leary asked what the increase was , percentage wise ? Supervisor Desch replied , about 8 % . RESOLUTION N0 . 273 Motion by Councilwoman Raffensperger ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the elected officials salaries as presented in the Tentative Budget for 1990 , $ 4 , 700 each for Town Board members , $ 9 , 000 each for Justices and $ 18 , 000 for Town Supervisor . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION N0 . 274 Motion by Councilman McPeak , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated October 2 , 1989 , in the following amounts . General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48 , 762 . 23 Town Board Minutes 38 October 2 , 1989 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . . $ 28 , 930 . 37 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56 , 414 . 26 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 138 , 321 . 90 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 , 162 . 20 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 456 . 90 (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 275 Motion by Supervisor Desch ; seconded by Councilman Whitcomb , RESOLVED , that the Bolton Point Warrants dated October 2 , 1989 , in the Operating Budget are hereby approved in the amount of $66 , 469 . 82 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION NO . 276 Motion by Councilman Whitcomb ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby move into Executive Session to discuss two items of litigation . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . OPEN SESSION RESOLUTION N0 . 277 Motion by Supervisor Desch ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESOLUTION N0 . 278 Motion by .ouncilman Whitcomb ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the filing of the law suit with the Village of Cayuga Heights in the form proposed by the Town Attorney . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . RESOLUTION NO . 279 Town Board Minutes 39 October 2 , 1989 Motion by Supervisor Desch , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to represent the Board of Zoning Appeals in the most recent action brought on the Randy Brown appeal . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ADJOUR T4RU The meeting was duly adjourned . Town Clerk _ - OI\YwOw\�f®0�1\ �\ewnsswWS_a AJFJDAVIT Of Pt ►al.lCAT10R THE ITHACA JOURNAL - TOWN OF ITHACA " NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the L � Town Board a .the Tco n conduct cT 1�=Tk �� Ithaca will meet and conduct C "+ �''�v . � -= an : adjourned public. hearing on October 2; X1989, at ;6:30 P. M. ,-!at the: Town .Hall01 .1 ` `;.?2 . _• - •�-Y s � .n •l �10�� . ,_. _ . being dLA \ r� O -n , af• Ses East - Seneca Streef' 'Ithaca, New;York 1o; c•ohsider a local- lawkamending the'Zornng On dinpnce concerning°occupan} and S.: vs tit be resides i✓ ILhaCZ , Cous: h• a.nd rtste a<feresaid Lnd — / „cy 'by unrelated 'persons' and C'. � ��++ ' will at this time hear all per- *tt �! L .. ._ '. �or. 'sons in, favor of or, opposed to _ . . . . .. . . . ... . . __ . __. . ._ _._. .... _ . _. . . .. . . _ . _ _.. . . . . . . . . . . . . . . . . . _ _ . .... ._•- the adoption of said local law. :c , : : Jean H.; Swortwood " 'y Town Clerk C4 TEE ITx.� C.& Joi'F\ A.L it pu1:•lic nev.-SpapaT pr'int'ed a.nd pruv,l hes3 September 21 , 1 989 _ in I4) roa -rfor= Lid , and tlut a aotiee , Of KO.icu the a.n_70ztd is a - true ter �• psb:is '� r.? in raid Fix . . . . .. . .. .. .. .... . . . . _ � . . . jr ... .... . .. .. an ' t> z^ t the £st pu!b1ic=sv gin of s - d naLc° was on t: e . . . . . ° 1 .. .. . ... . `• - - .J.. . . . . . . . .. . . . . . . . . . . . . . . . . .. ......... S �}JS zenC S� O. to befcrE L*1E L`LS , . . . . . . • . . . . .. . . .. . . . . . . .. . . .. .. _ ... . . . . U No . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . . . . . JEAN FORD f` °'^y Notary Public, State of New York No, 4654410 Qualified in Tompkins CountyC Commission expires May 31 , 19 . x/