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HomeMy WebLinkAboutTB Minutes 1989-11-11 TOWN OF ITHACA REGULAR TOWN BOARD MEETING November 9 , 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 9th day of November , 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 Erik Whitney , Assistant Town Engineer Susan Beeners , Town Planner Andrew Frost , Building Inspector/ Zoning Officer Bruce Rich , 253 DuBois Road Lynn Rich , 253 DuBois Road Beverly Livesay , Board of Representatives Harrison Rue , 564 Elm Street Ext . Edward Hallberg , Deer Run David Auble , 250 Troy Road Ruth Mair , 103 Judd Falls Road Josh Israel , 141 Burleigh Drive Karl Niklas , 1005 Danby Road Ed Cobb , 1005 Danby Road Peter Hillman , 370 Stone Quarry Road Lydia Hillman , 370 Stone Quarry Road David Cornelius , 109 Farm Street Bruce Brittain , Forest Hone Drive Barbara Cotts , 115 Northview Road Representatives of the Media : Christen Graham PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Desch stated that the Town had received the Sales Tax revenue payment today which probably reflects the benefit of having the Empire State Games here . It is about $ 20 , 000+ higher than similar quarters in the previous years . The total amount was $ 362 , 000 . He went on to say that the bids were opened on the west Hill Fire Station sanitary sewer and were very pleased to get excellent: bids . The lowest being from Paolangeli Construction of Town Board. Minutes 2 November 11 , 1989 roughly $50 , 000 and we look forward to that being awarded in the next couple of weeks . He noted that this was a joint City/Town sewer so it will actually be awarded by the City . Town EngirLeer ' s Report Assistant Town Engineer Erik Whitney stated that status of the Inlet Valley water/ sewer project mapping people have the topo maps generated and we should have the map next week and then will begin design work on that immediately . With the current staffing he estimated last winter early spring next year for bidding on Phase I . He went on to say that the East Shore sanitary sewer is 100 % complete and everything is satisfactory . The right-of-way acquisition for the Tr unansburg Road sanitary sewer is complete except for two people and he did not anticipate any problems . The Northeast sewer infiltration/ inflow study has been narrowed down to 2 , 500 feet that should be TV inspected . Park Lane , the road has been cut to final grade and will be left over the winter to settle before the surface goes on next spring . The embankments have been seeded for erosion control . The Assistant Engineer went on to say that there are two additional resident problems which he wished to discuss with the Board to get permission to go ahead and resolve them next month . He stated that they had estimates on both of them and both are for drainage work created by past Town projects which need to be resolved . Bruce Rich , 253 DuBois Road , who is in attendance tonight and has pictures . He went on to say that ever since the sewer line was installed along DuBois Road he and two of his neighbors have experienced wet basements and wet yards to the point where Mr . Rich has to carry water out in buckets and mop the basement . We did , earlier this year , try to place two check dams on laterals that could be conveying the water across his property , it appeared to work at first but then was unsuccessful . We have two options right now . He stated that he had asked the County to clean out the ditches which may help the problems but if not , he would like to have permission to go ahead and have 160 linear feet of drain tile installed along the sewer main to relieve the water pressure . The sewer is on bed rock and it may or may not solve the problem but since the problem started when the sewer went in he felt the Town was obligated to try something . Mr . Whitney stated that the cost would be between $3 , 000 and $ 4 , 000 . He also noted that Ed Austen had corn fields out in the back and the volume of water is great enough that is it flowing through the corn field and stunting the growth for about a quarter of an acre . Supervisor Desch asked what the solution to the corn fields was ? Mr . Whitney replied , other than laying drain tile to relieve the pressure along the sewer line he did not see any other solution . He went ort to say that this may or may not work . Supervisor Desch asked if the 160 foot of drain pipe would potentially relieve the pressure enough to relieve for both the Rich and Austen problem . Mr . Whitney replied that it was possible . It ' s about really the only thine we can do , it ' s a shot in the dark . RESOLUTION NO , 285 Motion by Supervisor Desch , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the construction on a temporary easement , the Town Board Minutes 3 November 11 , 1989 installation of 160 feet of drain tile at a a cost not to exceed $ 3 , 000 , and FURTHER BE IT RESOLVED , that the installation be subject to obtaining appropriate legal authority to install same on the property . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . The Assistant Engineer went on to say that on the other side of Town there was another Rich , a Sarah Rich at 103 Kendall Avenue . There is a catch basin that brings the water across and into her yard and it is a virtual swamp . The pipe ends about half-way down her property line in her back yard and then it goes about 75 ' into a culvert underneath Therm ' s parking lot . We don ' t have a drainage easement there now but he understood from Larry Fabbroni and Robert Flumerfelt and Sally Olsen that they all thought it was a Town problem and all guaranteed her action . It will cost between $ 1 , 800 and $2 , 000 to install 15 " metal pipe to solve the problem . Supervisor Desch remarked that this was an old problem and that he had looked at it with Sally Olsen . There are a lot of problems with things like these with trees over growing , common boundary lines and depositing of materials . He stated that the problem he would caution the Board on is that you are dealing with a potential precedent . It is totally unlike the situation that we just talked about . It probably would effect two properties , you probably can ' t stay on one side and do it right . He cautioned the Board that if they decided to do it be prepared because they would be deluged with hundreds of similar requests . Highway Superintendent Ozolins stated that when Robert Flumerfelt was here he took a look at it and his concern was that he did not want to put Town equipment in there because once he gets a piece of equipment over there it ' s going to be a never ending problem , like over on Elm Street by Doria Munch . He went on to say that if the Board does authorize it he does not want to put his equipment in there . Supervisor Desch remarked , you would contract it? Highway Superintendent Ozolins replied , yes . It might be cheaper initially but there is the potential that we are going to be back over there and back over there again , an ongoing problem . Councilman Klein remarked that he could not quite visualize what was being described . Supervisor Desch replied , it is very difficult . It ' s basically a low spot in Pennsylvania Avenue where the water both goes into the underground drainage system and tends to feed across at that point . There is a kind of mini hedge that is over grown so it doesn ' t have a direct course to go down through the two property lines so what you have to do is create one . The old pipe that is there stops pretty much about the front line of the houses . What is proposed is to correct that pipe that is there and continue to pipe along the common boundary line until it is beyond any structures and then the water would go into the Therm parking lot drainage system . You would be extending the pipe on to private property about 651 . Councilwcmm Raffensperger asked , did we cause the problem? Is the old pipe ours , is the basic drainage system ours ? Town Board Minutes 4 November 11 , 1989 Supervisor Desch replied , it ' s like a typical culvert under the road except you are dealing with a road that has been there a hundred years . Councilman Whitcomb remarked , there must be dozens of instances throughout. the Town where water is coming under the road and running on to scmeones property . From there on it is normally their problem . Supervisor Desch replied , there are many . The Supervisor encouraged. the Board members to look at it and it could be discussed at the next meeting . Highway Superintendent ' s Report Highway Superintendent John Ozolins stated that the two costly and time consuming maintenance items were the brakes on the loader and truck # 4 which had to be done at Crispell ' s . On road maintenance , we put in a check dam and weeper on West Haven Road because at the intersection of West Haven and Elm , we ended up cutting down to the sewer trench and putting two 4 " PVC pipes in there in a drain bed . He went on to say that on West King Road , the stretch that the Town got from the State , was never added into the mileage inventory and will be included in the next inventory . The grant that he applied for back in May has been approved by the State . There will be a demonstration of the soft ware for the Public Works Committee on the 16th . On Monday we will start the brush and leaf pick up , we have everything all set on that and have built boxes for the pick ups . Also , he hoped to install guard rails on West King over by the caretakers residence . He stated that he planned to use the Chips money and depending on how much is left , he was also looking at a couple of other areas to install guard rails before the end of the year . The Parks Department has completed the Forest Home Walkway and have been getting the parks prepared for winter . The Parks Department will be involved in the brush and leaf pick up . Report of Building Inspector/ Zoning Officer Building Inspector/ Zoning Officer Andrew Frost reported that 17 building permits had been issued for the month , three single family homes , two permits for alterations , four permits for additions . Twenty certificates of occupancy were issued . Eight complaints were investigated . Mr . Frost noted that 72 field visits were made . He noted that Maplewood Housing has been on line with their schedule that was set in the letter from Attorney Barney to President Rhodes . We may have problems with getting approval of their plumbing by November 15th , as the waste lines are not holding air . The Chamber of Commerce has been scheduled to appear before the Planning Board on November 22nd . They have submitted everything to the Planning Department . Report of rCbwn Planner Town Planner Susan Beeners reported that there had been one Development Review meeting since October 3rd , which is attached to her report ,, indicating the outcome of those projects . We have also had several Comprehensive Planning Project reviews , the Subcommittee met and forwarded on the review report and executive summary for the Planning Board to review . There was a request for payment which is included within the Warrants for a second payment with a third one remaining . An addendum will be prepared by the Town Boarc[ Minutes 5 November 11 , 1989 consultants after the November 14th public hearing . There will be an opportunity for written comments on the review report to be submitted to the Town and the consultants by November 17th . The consultants will suh mit their comments on the public hearing and any clarifications that might be requested and if there is a need for them to modify any of their recommendations based upon what they hear ., Following the public hearing , the Planning Board , on December 5th , will consider transmitting the report to the Town Board with priorities . She stated that she had met with the landscape architects for Maplewood housing and they will get her a planting schedule and revised planning plan . It has been discovered. that there is a building on the Maplewood housing site that was supposed to be moved located in a proposed play area . She stated that she had talked to Andrew Frost about it and he stated that Cornell would have to cane in with a site plan modification . Supervisor Desch asked what Cornell wanted to use the building for? Town Planner Beeners replied , for storing furniture and maintenance type of equipment . Mr . Frost noted that Cornell was not exactly sure if they wanted to go back to the Boards . The Planner noted sane questions from the neighbors about the Deer Run park site . It looks like we will be able to have a neighborhood meeting to explain what the proposed improvement schedule is . With some grading , weather permitting , in December so they can settle over the winter and have a play structure installed some where between May to July . George Frantz , Assistant Town Planner stated that he had been working with an informal group of County staff , himself and Cornell staff on the McTrans system to help each other along and discuss various problems with the system . Also , they are trying to set up some sort of organization where by sane of the changes which are being made to the system , especially the road network , are recorded and sent to a central location so that everybody has the changes . He went on to say that on the South Hill Recreation Way the original design was for a six foot wide cinder path , since then we have found out that the DEC would have to make a determination that use of the cinders would not create an environmental hazard . When they first discussed it with DEC they saw no problems with granting us the use of cinders , however , now they have stated in writing that they would like to see proof that the cinders would not harm the environment . This would entail a lot of lab tests and documentation in order to prove to DEC that cinders would not leak out some of the heavy metals that are in them . We are recommending that instead of cinders we use a 3 " surface of crushed stone which would then be seeded to grass and then to delineate the 6 ' wide trail surface the Parks Department would mow it once a week . Supervisor Desch asked for estimates of the cost of increased maintenance . Assistant Planner Frantz replied that he had cone up with costs in his memo and that it was going to be more expensive on a per foot basis than cinders but overall he did not expect it to be anymore expensive because there were several thousand feet of the roadbeds already have sort of a gravel base and it would only be a matter of regrading them and seeding them to grass . At least half of the road bed iS now composed of cinders already . Supervisor Desch remarked that anything that might have been in the cinders originally has already , long ago , leached out . Town Board Minutes 6 November 11 , 1989 REPORT OF COUNTY BOARD OF REPRESENTATIVE Beverly Livesay stated that she would like to thank the Town for going ahead with the leaf program . She went on to say that regarding the request of the Town for the County to help with the purchase of the leaf equipment , the Committee felt that since the City provides this service for their people and since the Town of Ithaca had purchased equipment for the Town of Ithaca people the best thing would be to keep the County out of it and then if the Town of Ithaca wanted to rent the equipment to other Towns it could . Supervisor Desch asked Mrs . Livesay to have Kenneth Tillapaugh give the Town something in writing , so the Town knows there they stand . Mrs . Livesay agreed to do this . Mrs . Livesay went on to say that there was a lot of misunderstanding over the County ' s disposal fee . It ' s not as muddy as it looks although certainly there are things to be resolved . The idea behind the disposal fee besides helping to pay the big costs for disposal , is the idea to make people financially responsible for things they throw away . The bills that Collins sent out do not reflect the County ' s position at all . Mr . Collins bill reflect a 150 % increase and say up to six cans of garbage . This is not the message the County is trying to send at all . The tags system that we are developing is geared to be about an $ . 85 for 32 gallon or about 40# bag of garbage . You will pay per can or bag about $ . 85 . Then , whatever Collins charges to haul it needs to be identified by itself . Supervisor Desch remarked , so Collins will have to send out new bills . Mrs . Livesay replied , he had better . Everybody should be advised Just to not pay , that . He has been involved in this all the way along and :he was advised this was not going to be the system . The County ' s Board of Public Works Comnittee is of course concerned that there not be rip off rates for haulers while hiding behind the County disposal fee . The system has to be refined , but the County will cause all the tags to be printed and will probably have the name of the individual haulers , the County will provide these to the haulers at no charge , the haulers will then sell them to their customers . You can buy a years supply or whatever and if you run out you can purchase more . How Collins will pay is when he drives his truck across the scales at the landfill then he will pay the per ton charge . Mrs . Livesay asked about the Burns Road abandonment which the County had scheduled a public hearing for at the next meeting , she asked if this was something the Town was asking the County to do ? Supervisor Desch replied , we on behalf of the City in one sense as part of the agreement to relocate Burns Road and cones directly from the Town . He stated that he had talked to Ward Hungerford about how the City would be maintaining it and using it . They need it for access to the police range and the silt dam when they need to dredge :it . They will maintain whatever access they need . Mrs . Livesay stated that the public hearing had been set for the first December meeting . Mrs . Livesay went on to say that the Human Services Coalition would appreciate having a representative from the Town , they meet the fourth Friday from 8 : 00 A . M . to 10 : 00 A . M . Town Board Minutes 7 November 11 , 1989 Councilman McPeak remarked that he had proposed at the last meeting and that lie would like to ask Mrs . Livesay if she felt it was time to bring the garbage haulers under a kind of franchise or some kind of a situation where they are responsible to the Town or the County? Right now there is no place for people to get any satisfaction if they have a complaint . This is a good example and he felt it. should be on the County level . Mrs . Lives.ay replied that it had been discussed at the Public Works Committee a little bit because we are very concerned that we don ' t have a situation where the haulers are able to gang up on people . Councilman. McPeak replied that a good example was the Town ' s discussion with the Cable company and they have now realized there are things that they have to do and he felt the same thing should apply to the garbage haulers . DEED RESTRICTION FOR DEER RUN PHASE III Supervisor Desch noted that the Board has had the restrictions in various draft forms in front of them for quite a while and asked if anyone had any comments . Town Attorney Barney replied that he had several comments . He stated that as he understood it , in paragraph one in the "Land Use " , the density of Phase III was determined based on the assumption that the lots were going to be single family lots . He asked Mr . Hallberg if there was any objections to putting in there the restrictions indicating that they will be single family homes and not two family homes . He then asked Mr . Hallberg if he had any objections to defining family in a somewhat more restrictive way than we are probably able to define under the law? Mr . Hallberg replied you tell me , what is it the Town considers as a family i--his week ? Mr . Hallberg replied that this was alright with him . In the Townhouses he stated that they restricted the number of unrelated people to the number of bedrooms and he would like it to say something like the number of bedrooms as originally built so that someone could not convert a basement into bedrooms . The Town Attorney went on to say that in some of the subdivisions , however , it is usually in attached building the Town has had rent restrictions . These are basically single family homes on individual lots where the owner is going to own the lot as well as the building . He did not know if the Board wanted it here and he did not think it had been required in any other similar subdivision . Councilwcma.n Raffensperger replied , that the Town has never had any restrictions on any other similar development . The Town Attorney noted there was no language for modification of the restrictions . Mr . Hallberg replied that he would entertain any language the Town Attorney wanted to put in . Councilwoman Raffensperger asked if this reflected the sense of the Planning Board? Town Attorney Barney replied that the only comment the Planning Board had has been incorporated into this and this was in paragraph 7 and they wanted to limit it to no more than one domestic pet . Mr . Hallberg replied , one domestic mammal . Town Board Minutes 8 November 11 , 1989 RESOLUTION NO . 286 Motion by Councilman MCPeak ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the deed restrictions for the Deer Run Subdivision - Phase III as amended . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye! . Nays - none ) . Town Planner Beeners asked the Town Attorney to explain the occupancy restriction and was that something the Planning Board looked at and what was the reason behind it . Town Attorney Barney replied no , the reason was the cluster relationship . Its a smaller area and he felt it had always been presented as being single hones . Councilwoman Raffensperger remarked , is this cluster then ? Town Attorney Barney replied , it is cluster he thought . They are smaller lots . Councilwoman Raffensperger replied , then actually there has been a restriction on cluster occupancy . Town Attorney Barney replied in the rental he did not think there had been when it was detached houses . Mr . Hallberg replied that the Townhouses are technically clustered because they sit on individual lots but they are also attached . Town Attorney Barney remarked that he was not aware of what had been done when they were detached . Town Supervisor added , for example Grandview . Building Inspector/ Zoning Officer Frost remarked , Grandview has specific restrictions to no more than two unrelated . Woolf Lane has none , they are detached . Supervisor Desch remarked that there were no rental restrictions . RATIFY SEWER TV AGREEMENT RESOLUTION NO . 287 Motion by Councilwoman Raffensperger ; seconded by Supervisor Desch , WHEREAS , the infiltration/ inflow study of the Northeast portion of the Town performed this summer identified portions of the Sanitary Sewer Network as needing further inspection to identify areas requiring repairs , and WHEREAS , the Town of Ithaca Engineering Department distributed a Request for Proposal for the video inspection of two areas of concern , and WHEREAS , Pickard and Anderson was the lowest qualified bidder , NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Ithaca ratify and hereby does ratify the award of the contract in the amount: of $ 21 , 000 for video inspection of Priority I and Town Board Minutes 9 November 11 , 1989 Priority :II areas of the Northeast sewer system , as shown in the Request for Proposal dated September 20 , 1989 , to Pickard and Anderson . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . 1990 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION PRELIMINARY BUDGET Proof of posting and publication of a notice of a public hearing to consider the 1990 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch noted that the budget has been adopted by the Commission. , the Town of Ithaca ' s role is to hold a public hearing as agent for the Commission and where appropriate make changes or recommend changes and refer back to the Commission . Councilwoman Raffensperger stated that she had the same question that she asks every year and that was that she had been assured that the Bolton Point Commission would at some point begin changing their sliding scale for water rates which advantages big users . She asked if they had started doing that yet? Supervisor Desch replied , with the new computer program the staff did a run about three months ago and the spread of usage did not bring about a shift that would be worth pursuing . The problem with that was that the first run was not for the Town of Ithaca but was for Cayuga Heights and the two Lansings so it might not be representative of our particular situation . What we were looking for were two things , one totally collapsing the schedule and secondly reducing the minimum bill at the lower end . That ' s an on going process and he expected they were about a year away from having numbers that would be meaningful enough to suggest it can be done . As no one else wished to speak for or against the proposed budget , the Supervisor closed the public hearing . RESOLUTION NO . 288 Motion by Councilman MCPeak ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget for the year 1990 as the final budget for the fiscal year beginning January 1 , 1990 . (Copy attached) . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and WhitcaTIb voting Aye . Nays - none) . BUDGET TRANSFERS Supervisor Desch noted the Board had a copy of the intrafund transfers which are all within the Highway Department to cover needed revenues within a particular part of the budget . He noted there will be more as the year is wound down . As no dollar amounts were included on the list of budget transfers , the general consensus of the Board was to wait until the December meeting to take any action on this item . 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Q oo .-t v to 0o O H S .-1 E+ 0 0 o O o 0 0 0 W 0 0 0 0 0 0 O O . . O O O 0 0 O O O a c cc O O W 0 0 0 '.t' O V' 0 Ch r 0 co tD .-1 O co N r) M O V � H N rl W N pa tn ON (f�-+Hy�71aVUU � H �r ON H W P80 H OD t/1tA3 ✓ A � HfA co ' N 00 t1DmtD OfD � H to O 0 0 0 0 Ln o O Of a Town Board. Minutes 10 November 11 , 1989 CHASE POND BY-LAWS Town Attorney Barney stated that he has reviewed the by-laws with Attorney Salk after he first read them and made a number of changes and he has just supplied him now with the modification which the Town Attorney stated he had suggested . The Town Attorney noted the by-laws were typical of what the Board had seen with the Black Oak Lane and Commonlands . Councilwoman Raffensperger asked if there was a matter of particular interest or difference to the Board as reflected in the Town Attorney ' s review or the Planning Boards review? Town Attorney Barney replied that the Planning Board reviewed them and approved them , but he did not particularly remember specifically . They reviewed an earlier version . Mr . Salk remarked that there were particular comments by the Planning Board and they have been incorporated in the revised 10 / 20 one and then Attorney Barney ' s comments were incorporated into the latest edition . Town Attorney remarked that they have many of the provisions that we like to see , there are some rental restriction , occupancy restrictions . Councilwoman Raffensperger asked on what page were the occupancy restrictions ? Attorney Salk replied , page 21 of the proposed declaration and covenants conditions , Article 12 , section 1 at the very end . At the Town Attorney ' s request we have added in " in any event subject to single family dwelling ordinance and added that in any event the number of unrelated persons allowed to live in any development will be limited to three " . The apartments on the Carriage House units would be separate dwellings . Councilwoman Raffensperger asked if this was being added? Town Attorney Barney replied yes , it is being added . He went on to say that he had just received the description of the common areas and that the had not had the opportunity to review them . There is a reference to a schedule "A" which is a description of the entire site and schedule "B " is the common area . If the Board takes action on this he stated that he would like to kind of condition it on his taking a look at it to make sure we have the common area as we understand its Councilman Whitcomb asked if this was like a homeowners association? Town Attorney Barney replied , it is a homeowners association . Councilman Whitcomb asked , how is maintenance of the common areas financed? Town Attorney Barney replied , by assessments to the individual lot owners . Councilman Whitcomb asked , decided by the Board of Directors ? Town Attorney Barney replied , yes . The Board of Directors is basically -the developer for a specific period of time , after 40 units are sold one of those directors must be from the people , after 80 units are sold two of the directors must be from people . What we have here is after ten years , in any event , the unit owners Town Board Minutes 11 November 11 , 1989 have to elect all three directors . He went on to say that ten years struck him as being a little long . He thought other developments were five year period . Councilwaman Raffensperger asked if the Chase Farm residents were also included in this ? Town Attorney Barney replied , they are not at the present time . The original concept was for a community non-profit organization which you could voluntarily join and then that would have or could have included people in addition to the Chase Pond . This is , as it is drawn now, a Chase Pond Homeowners Association . Councilman Whitcomb questioned page 21 under leasing , "renting or leasing by lot owners other than the developers is restricted to 24 months in any 60 month period" . He asked if there hadn ' t been a lot of discussion about that at the Planning Board . In other words if they don ' t sell they can be rented . Attorney Salk replied that he thought that was correct and they intended to take it out . It was an oversite on their part and they would remove it . Supervisor Desch remarked , take out the words "other than the developer " , right? Attorney Salk replied , correct . Town Attorney Barney asked the Board to go to page 6 of the by-laws , the composition of the Board of Directors 1990 TOWN OF ITHACA PRELIMINARY BUDGET Proof of posting and publication of a notice of a public hearing to consider the 1990 Town of Ithaca Preliminary Budget having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch remarked that the budget figures are those that came out of the special meeting in October . Those numbers did not change any tax rates , they did shift around the appropriations and add and subtract in some cases . He asked if anyone had any questions ? Cathy Valentino , 110 Eastern Heights Drive stated that she had a question on page 25 and 26 , the water bond payment pages . She noted that on several of the bonds or CD ' s , she did not know which they were . ,. . . . . . Supervisor Desch replied , they are all bonds there are no more BAN ' s at the moment . All of the Town ' s borrowings at this point have been permanently financed . As no one else wished to speak for or against the proposed budget , the Supervisor closed the public hearing . Councilman Klein asked about the increase in sales tax revenue . He asked if this would be reflected in this budget ? Supervisor Desch replied no , that will just be rolled over into the general fund balance and will make the surplus larger than it was last quarter . RESOLUTION N0 . 289 Town Board Minutes 12 November 11 , 1989 Motion by Councilman Whitcomb , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Preliminary Budget for 1990 as the final Budget for the fiscal year beginning January 1 , 1990 . ( Copy attached to the minutes ) . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . CHASE POND BY-LAWS Town Attorney Barney continued discussing the Board of Directors saying the developer is a member . The concern has been in prior arrangements of this nature that at some point , even though the developer is a member and by virtue of being a member the developer by having still a larger number of lots than they are sold would in effect control the selection of the board . The developer surrenders that right and it basically says that the board of the Homeowners Association becomes the board selected totally by the homeowners . Attorney Salk replied , so you would like to have language in there so that no matter what happens the maximum number of years is five years . He felt this was consistent with the way the developer veto which is only five years . Town Attorney Barney noted that the by-laws allow amendment by the Board of Directors only , he stated that he would like to include the Town Board in this . Attorney Salk agreed . Councilman Klein questioned if the Planning Board recommends the approval of the by-laws ? Town Atton:ey Barney replied that he did not want to suggest that they were reviewed in great detail , they were looked at , commented on but not intensively . Councilman Klein asked if there was a recommendation from the Planning Board? Town Planner Susan Beeners replied that the Planning Board did grant certain types of approval for this project , however , she was not at the meeting but had passed on comments on the deed restrictions , or whatever it was to the applicants . She went on to appears it is generally �� she wanted . . . . . . it a g Y say that she guessed PPe consistent in what she was asking about before she went away . She went on to say that she did want to ask , as she did not have the minutes , whether the Planning Board had discussed at all , on page 22 where if special trails were developed for motorized types of recreational vehicles , was there any discussion or is this leaving open something that is likely to occur , is there any hazard in having that in there ? Town Attonney Barney replied that he did not think there was any discussion by the Planning Board . 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N N a w 0 a049 v60 41 N04 r-I0 Na04 av00 00 r-IVN u wqq 3a xxaA4 » a91 3p4 xxs04 > A a H H 3 v w w H O M H H 3 v W w H O rn x :a O U) v N N •rl O U) v N N . i H A. N N r-1 ri H r•1 r•1 N v a v N N r-1 H r-1 rA H N v a v H v v H 13 H r-1 ri H v 3 a x v v r-1 0 r-1 ri . l ri v 3 a x 3 3 O W -rl -ri -ri •rl 3 v H 3 3 0 W •rl •rl -rl •rl 3 v H P4 0 vx0 > xxx0U) 9 0 vx0 > xxx0ul ex O U) U) v N W U u U) U) v N U) U U WA v solo A N •r1 rl in rl z r r rl i-) N 0 0 3 . 3: 00 a0 ri N N 00 :3 ao -rl A G 00 00 r 1 N Id W rl A 9 O m m ri O ri 00 O m O U v m m H O r•1 O O O m 0 0 v H r-1riwZ (n U) (n U) H1-) A, P'. r♦ r•1 W z U) U) U) W Hh C4 P4 Town Board Minutes 13 November 11 , 1989 assumed that no special trails would ever be developed for snowmobiles or motorcycles on that specific property and she was wondering if having that possibility in here leaves open any hazard in the language as they have it . Attorney Salk replied that the reason for putting the restriction I n in the first place was because they didn ' t want snowmobiles . Supervisor: Desch replied , the words are except for special trails ? RESOLUTION N0 . 290 Motion by Councilwoman Raffensperger ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the Chase Pond By-Law with the changes that have been made tonight and with the understanding that the attachments be reviewed by the Town Attorney and Town Planner . (Desch , McPeak , Raffensperger , Bartholf , Leary and Klein voting Aye . Nays - Whitcomb) . PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND LOCAL LAW NO 21 1976 , BY INCREASING THE SURCHARGE ON WATER RATES AND CHARGES PROVIDED F'OR IN SAID LAW Proof of posting and publication of a notice of a public hearing to consider it local law to amend Local Law No . 2 , 1976 , by increasing the surcharge on water rates and charges provided for in said law having been presented by the Town Clerk , the Supervisor opened the public hearing . Cathy Valentino asked why the increase was being proposed? Supervisor Desch replied , to pay for the maintenance of the system . As no one else present wished to speak on the proposed increase , the Supervisor closed the public hearing . Councilw m Raffensperger remarked , so the change in the water rate is really from 10 to 150 . Supervisor Desch replied , if you have a $30 . 00 quarterly water bill your current surcharge is $ 3 . 00 . If this goes into effect it will be $4 . 50 , so it ' s a 5 % increase in the surcharge , not the water user rate schedule at all . The sewer surcharge stays at 7 % because the sewer maintenance budget is recovering sufficiently . LOCAL LAW NO . 6 - 1989 Motion by Councilman Bartholf ; seconded by Councilman MCPeak , A LOCAL LAW TO AMEND LOCAL LAW N0 . 2 , 1976 , BY INCREASING THE SURCHARGE ON WATER RATES AND CHARGES PROVIDED FOR IN SAID LAW SECTION 1 . Local Law No . 2 for the year 1976 , adopted August 23 , 1976 , as subsequently amended and as restated by Local Law No . 16 for the year 1987 , is further amended by deleting the last sentence of the final paragraph of said local law and inserting instead the following :: "The surcharge shall be 22 % of the water rate charge , of which Town Board Minutes 14 November 11 , 1989 15% is for repairs and maintenance of water lines and 7 % for the :repair and maintenance of the sewer lines . " SECTION 7 . This local law with the increased surcharge shall become effective January 1 , 1990 . 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 Aye Local Law No . 6 - 1989 , was thereupon declared duly adopted . PUBLIC HEMUNG TO CONSIDER A LOCAL LAW TO INCREASE SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA Proof of posting and publication of a notice of a public hearing to consider a local law to increase sewer rents in the Town of Ithaca sewer improvement area having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch stated that the purpose for the sewer rate increase is to provide for a major budget increase in the joint sewer plant budget for the disposal of sewage sludge . A $ 40 per ton tipping fee application has driven that rate right up so that the sewer operating budget because of that has increased something like $ 400 , 000 per year . The full impact of that is not shown in here because our particular budget is over recovering sewer revenue so that we can utilize surplus funds for part of that increase rather than charging it through . As no one wished to speak for or against the proposed local law, the Supervisor closed the public hearing . Councilman Klein remarked that the Supervisor , in his budget message mentioned that we would know more about the fees by now . Supervisor Desch replied , the only thing that we know is that they won ' t go into effect until two months into the year but the rate will be higher than the $ 40 per ton , so the effect will be the same . We will have the advantage of collecting revenue slightly ahead of the actual billing by the County for the sludge disposal . Councilman Klein asked the Supervisor if he expected this amount should carry it for a year? Supervisor Desch replied , it should carry it at least until August . in August you can expect another If the new landfill is not opened gu y expe big increase . LOCAL LAW N0 . 7 - 1989 Motion by Councilman Klein , seconded by Councilman McPeak , LOCAL LAW NO . 7 - 1989 Town Board Minutes 15 November 11 , 1989 A LOCAL LAW TO INCREASE SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA SECTION 1 . Local Law No . 6 for the year 1986 , adopted December 8 , 1986 , is hereby amended by adding a new sentence to paragraph 1 thereof so that paragraph 1 , in its entirety , shall read as follows : " 1 . Effective January 1 , 1987 , there is hereby imposed a sewer rent payable by all users connected to the Town-wide sewer system at the rate of $ . 77 per 100 cubic feet of water consumed . Commencing effective January 1 , 1990 , such sewer rent shall be increased to $ . 85 per 100 cubic feet of water consumed . " SECTION 20 This local law shall take effect January 1 , 1990 . 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 Aye Local Law No . 7 - 1989 , was thereupon declared duly adopted . BENEFIT ASSESSMENT REFUND RESOLUTION NO . 291 Motion by Councilwoman Raffensperger ; seconded by Councilman Whitcomb , WHEREAS , after inspection by the Building Inspector/ Zoning Officer ' s Department , it was determined that an apartment no longer exists - in the property at 325 Forest Home Drive , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 62 . 00 for one sewer unit and $ 64 . 00 for one water unit , total refund of $ 126 . 00 be made to Richard F . & Ann Pendleton , 325 Forest Home Drive , Ithaca , New York , Parcel Number 66-3- 7 . 2 , on their 1989 Town and County Taxes which were paid February 23 , 1989 . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . 1990 ASSESSMENT ROLL FOR SPECIAL BENEFIT DISTRICTS Proof of posting and publication of a notice of a public hearing to consider the 1990 assessment roll for water and sewer units having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak , the Supervisor closed the public hearing . Town Board Minutes 16 November 11 , 1989 RESOLUTION N0 . 292 Motion by Supervisor Desch , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the water and Sewer Benefit Assessment Roll as presented . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RENWICK HEIGHTS LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1990 assessment rolls and apportionments for the Renwick Heights Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one! present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTIOIJ N0 . 293 Motion by Councilman McPeak , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Renwick Heights Lighting District for the year 1990 , and the budgets related hereto . (Desch , Mc Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . FOREST HOPS LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1990 assessment rolls and apportionments for the Forest Home Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . Bruce Brittain stated that he had questions about the Forest Home Lighting .District . He asked when should they talk to NYSEG and when should they talk to the Board? Supervisor Desch replied , in other words your questions are not specific to the assessment roll or the tax rate ? Mr . Brittain replied that there was a continuing question in Forest Home as to where exactly the boundaries are and the fact that some areas have no lights at all and at what point we would either exclude those people from the lighting district or make sure they get lights . Since we are continuing to get more houses in Forest Hone are we building up a surplus of funds . Just basic questions . Supervisor Desch replied , the answer to the last question is no , if there is any fund balance that has accumulated we reduce the amount of money that is raised the following year . The question about lighting on Fairway Drive , if the people on that street are interested in having lights then the first step is for NYSEG to give us the cost of those lights and then we do a determination as to what influence that has on the tax rate for the entire district . Those properties are already included in the district and they are paying for lights that exist in the rest of the district but which don ' t serve them at the moment . Probably once the numbers are Town Board Minutes 17 November 11 , 1989 available a petition would be circulated to increase the number of lights in the district . As no one else wished to speak , the Supervisor closed the public hearing . RESOLUTION NO . 294 Motion by Councilman McPeak , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Forest Home Lighting District for the year 1990 , and the budgets related hereto . (Desch , M(::Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . CLOVER LANE LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1990 assessment rolls and apportionments for the Clover Lane Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION N0 . 295 Motion by Councilwoman Raffensperger , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Clover Lane Lighting District for the year 1990 , and the budgets related hereto . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . aENSIDE LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1990 assessment rolls and apportionments for the Glenside Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION1 NO . 296 Motion by Councilman Whitcomb ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Glenside Lighting District for the year 1990 , and the budgets related hereto . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . WINNERS CIRCLE LIGHTING DISTRICT Town Board Minutes 18 November 11 , 1989 Proof of :posting and publication of a notice of a public hearing to consider the 1990 assessment roll and apportionment for the Winners Circle Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION N0 . 297 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Winners Circle Lighting District for the year 1990 , and the budgets related hereto . (Desch , M^Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . EASTWOOD CONMNS LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1990 assessment rolls and apportionments for the Eastwood Commons Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION] N0 . 298 Motion by Councilman McPeak ; seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Eastwood Commons Lighting District for the year 1990 , and the budgets related hereto . (Desch , M(:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TRUCK # 3 REPLACEMENT AUTHORIZE BIDDING RESOLUTIONI NO . 299 Motion by Councilman Bartholf ; seconded by Councilman Whitcomb , WHEREAS , 'Truck # 3 needs replacement and specifications have been written and reviewed by the Highway Superintendent , NOW r1T= 'ORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that the specifications be accepted and approve the bidding of the trick and plow equipment separately or as a unit . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . AUTHORIZE TRADE-IN RESOLUTION NO . 300 Town Board Minutes 19 November 11 , 1989 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , WHEREAS , Truck # 3 is a 1971 dump truck and has major rust damage beginning to appear , and WHEREAS , the repairs on the truck have far exceeded the original cost of the truck . The engine is also beginning to fail as well as constant minor repairs crop up after every other use of the vehicle , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that Truck # 3 be replaced and that the vehicle be used as a trade in to lower the cash outlay for the replacement vehicle . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . DATA ENTRI CLERK FOR JUDGE WALLENBECK RESOLUTION N0 . 301 Motion by Councilwoman Leary ; seconded by Supervisor Desch , WHEREAS , Judge Wallenbeck has a continuing need for data entry support to update and maintain the Court computer records , and WHEREAS , Mary Ellen Schramm who was hired as one of two data entry clerks is no longer able to provide such support effective October 31 , 1989 , and WHEREAS , Susan Belles has the required experience necessary and is able to begin work immediately , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the appointment of Susan Belles to provide support and data entry for Judge Wallenbeck at an hourly rate of $ 7 . 00 /how- beginning November 1 , 1989 , and in combination with the other data entry person will work no more than 15 hours per week . The salad for this person will be paid from A1110 . 100 Justices - Personal Services . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ABANDONMENT OF SHARLENE DRIVE Town Attorney John Barney stated that he had done some investigation and that Sharlene Drive is a little stub of a road that was never opened as a road and , therefore , doesn ' t really come within the abandonment of highways laws . The first question is who has title to it . It was deeded to the Town for highway purposes . The person or outfit who deeded it to the Town was Stein Builders , Inc . , which appears from the Secretary of State ' s records to still be in existence . The Town has two possible alternatives , one is to deed it back to Stein Builders and let Stein Builders do whatever they want with it or the Town could convey whatever interest it has , which may be nothing , to whoever wants to buy it at whatever price they want to pay . There is a procedure for doing that which basically is to adopt a resolution authorizing a sale and indicating the manner in which the sale will be conducted which usually has to be done either by a sealed bid or a public auction . That notice has to be published and is subject to permissive Town Board Minutes 20 November 11 , 1989 referendum . If 5 % of the electors of the Town of Ithaca chooses to request a referendum then we will hold a referendum on selling this 100 ' stria of land that we may not have title to . FIRE PROTECTION CONTRACT WITH THE CITY OF ITHACA Proof of posting and publication of a notice of a public hearing to consider the Fire Protection contract with the City of Ithaca having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Desch noted that the fire protection budget reflects the Town ' s contractual obligations with the City and Cayuga Heights for fire protection and are the results of calculations made by the City Controller having to do with the fire department operating budget , the initial debt retirement for equipment replacement and the initial interest payments on the two new fire stations and the renovations to the other stations . That contractually turns out to be a precise number . Chief Edward Olmstead stated that he had some comments . He noted that they had provided the Board members with a copy of their budget t sough the Board of Fire Commissioners . Supervisor Desch replied that the Board had heard what the Mayor ' s budget had in it for fire but they have not seen it . Chief Olmstead replied that what happened with the Mayor ' s budget and it wasn ' t just the fire department ' s budget but City wide , is that by the time they balanced the revenues with the expenses and working in something between a 5 and 6 percent increase in taxes there was a total of some two hundred thousand dollars to go across all the City departments . That staff of the fire department has taken the numbers that we were given , and this time instead of the Controller and the Mayor going through and picking out the things they didn ' t want , they came back and said here is how much money you have you go back and prioritize things in terms of where you see the needs . The staff of the fire department has done that and next Tuesday night that will be discussed at the Board meeting . It stands right now that no where in the Mayor ' s budget were any new personnel included for any departments . Quite frankly with the money that is there , we took the approach that we had to take care of those things that are going right now so in may cases they were flat lined , there was no increase in the line items . We went back and tried to fit things in where we could within the budget amounts and even doing that there were some things that were tied into the contractual increases , not only is there no room in the Mayor ' s budget for new personnel there is no money in there to fund the bunker program , there is no money in there to establish a volunteer retirement: system , there is about a 50 % reduction in the money available for improvement mostly in the physical examinations that we have to pay to get people examined . There is also no room for body maintenance on existing fire apparatus , that item has been deferred for three years . He stated that he did not think that if there was no move in the City budget to do any of those things that he believed they all fell within the window which is established in the contract and will not require a renegotiation of the contract for anything other than the additional personnel and that would be a specific: item . Supervisor Desch replied right , and we have a hearing scheduled for our December meeting . Chief Olmstead continued , saying that City Council will deal with the personnel issue on the 21st , full Council will vote on the Town Board Minutes 21 November 11 , 1989 budget on. December 6 and the Human Services Commission , which is half of Council , has recommended the joint municipal recommendation . Supervisor Desch stated that he would proceed to close the public hearing and then he would give David Cornelius a chance to talk about the overall issue because it won ' t effect this budget in any event . David Cornelius replied that he would like to have what he had to say effect the budget . Supervisor Desch replied , we can ' t because the public hearing on the contract will have to follow on the City process which hasn ' t come to a conclusion to the point where we could consider a change in this budget . If it effects the tax rate for 1990 it will be too late to do that once this budget is adopted and that also would be in conflict with the joint City/Town Personnel Committee which recommended not only the number of people but the things that would be changed in the contract and that recommendation would also not effect the 1990 contract . That has been endorsed by the members of this Board in principal but not at a public hearing at this point . Supervisor Desch then declared the public hearing closed and asked if there were questions about the budget ? RESOLUTION N0 . 302 Motion b,y Councilwoman Raffensperger , seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the 1990 fire protection with the City of Ithaca and the Village of Cayuga Heights . (Desch , Mc:Peak , Raffensperger , Bartholf , Leary , Klein , and Whitcomb voting Aye . Nays - none ) . David Cornelius , Chairman of the Board of Fire Commissioners stated that he felt the Town and City had come a long way in cooperation with the joint Town/City Committee on the problem of staffing levels for the fire department . They came to the conclusion that additional career staff was needed and that volunteer incentives needed to be enhanced . And Cornell and Ithaca College needed to be encouraged to do more to help offset the cost . The Mayor of the City of Ithaca has determined that the City cannot afford the cost of adding additional career personnel or a length of service retirement program for volunteers or providing the funds for the necessary equipment . He stated that he would like to suggest that the Town Board consider offering to fund the Town ' s share of these items in 1990 instead of waiting for the terms under the contract if the City Council would agree to fund the City ' s share . The extra career personnel would probably be used to insure that at least two fire fighters be assigned to the two new Town stations and the volunteer retirement program would be an incentive to serve for a longer period of time . Pressure could possibly be put on Cornell and Ithaca College to convince them they could possibly donate turnout gear to equip the two bunkers in the new stations . Supervisor Desch asked Mr . Cornelius if he was suggesting that the Town modify the contract by changing the annual provisions instead of extending the contract? Mr . Cornelius replied that at this point , just on the specific items that are being addressed by the joint committee if the Town Town Board Minutes 22 November 11 , 1989 could see fit in their budget to fund their share of these particular items we might be able to convince Common Council to fund their share also . The extra personnel are needed to serve the residents of the City and the Town and especially out in the Town , he did not like the idea of one person being assigned to those stations so far from additional help . He went on to say that for those persons who did not know, the State legislature just passed a bill allowing municipalities to offer retirement to volunteers . Many of us have worked very hard over the past three or four years to set up a point system in volunteer ranks based on the number of fire calls , training requirements and activities such as being an officer . The point system was developed based on other states use of point system in the retirement system . We all know the problems in getting Cornell and Ithaca College to donate money but possibly some of their interest might be in donating turnout gear which would help in getting the bunker program started . Supervisor Desch replied , the problem is we are getting confusing signals from the City . The Board of Fire Commissioners approved the recommendation of the joint City/Town Committee but that is different from what you are now proposing . He asked if the Board of Fire Commissioners amended the resolution which accepted the recommendation of the joint committee ? Mr . Cornelius replied , no . Supervisor Desch continued , you are just putting this on the table? Mr . Cornelius replied , yes . This is the basis of what the joint committee recommended except that the Towns share would be funded in the normal course of the contract . SHA UiENE DRIVE Supervisor Desch stated that the question before the Board was do we want to dispose of it and if so , in what form? Auction or sealed bic.i? Cathy Valentino asked why this was being brought up after all this time ? Supervisor. Desch replied that the adjoining property owners wants to acquire it . Councilwoman Raffensperger remarked that the adjoining property owner wants to purchase it because its not being maintained and has become a mess . Town Attorney Barney remarked that he would draw up a proposed resolution outlining the terms of a sealed bid and the time they would be received and submit it to the Board for action in December . We can notify the lot owners on the other side and behind so that we can make sure we have at least a bid . AGREEMENT FOR USE BY TOWN COURT OF COUNTY SPACE Town Attorney Barney stated that he had looked at the agreement but he had some severe reservations with the insurance requirements . Supervisor. Desch suggested this be an item for the December meeting . NET CONTRACT Town Board Minutes 23 November 11 , 1989 Town Attorney Barney remarked that he had looked at the contract and felt it was okay . Supervisor Desch noted that it was a standard contract which the Town has had with the NET for sometime . Town Attorney Barney remarked that the contract that he looked at did not :have the attachments of the schedule and the Town was infact agreeing to this schedule of what services they were going to provide . Councilwoman Raffensperger asked if the Board could not approve the contract subject to the attachments being provided? RESOLUTIO14 NO . 303 Motion by Supervisor Desch , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the ratification of the Northeast Transit contract subject to the attachment of the schedule . (Desch , McPeak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SEPTEMBER AND OCTOBER FINANCIAL REPORTS RESOLUTION N0 . 304 Motion by Councilman Whitcomb ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the September and October financial reports as presented . (Desch , M(-.Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . FOUNDATION PERMITS Building Inspector/ Zoning Officer Andrew Frost stated that in the course of reviewing building permit applications , a variety of considerations cone into place from the standpoint of specifications for the construction of the building , conditions that might be imposed that we are trying to resolve , whether they be letters of credit or whatever the case may be . The builders will often cow to us with problems they need to be resolved because they have masons lined up or the weather is dictating to them exactly when they may be able to pour the concrete . So a request will be made of our office to issue a foundation permit . One real concern , when you entertain a foundation permit , is if in the submission of plans for the project the applicant for the building permits has not provided some kind of structural plan one needs to know when you approve a foundation permit what is setting on that foundation . So in no case do we ever issue a foundation permit when there is question as to what is exactly setting on that foundation . He stated that he would look to Councilman Klein in his line of work to perhaps give us some information on the difficulty of timing that is involved in a project . Foundation permits are not uncotmonly issued around the state and it is sometimes a mechanism to get people going for whatever variety of reasons they have . Town Board Minutes 24 November 11 , 1989 Councilman Klein replied that basically it was not unusual in many municipalities to issue a foundation permit to accommodate the user . It may be a contractor building something for an individual or a company or , its not necessarily a developer of anything like that . Projects are sometimes designed in phases on a fast tract schedule in which obviously you start with the foundation and the super structure and bid project in increments . Its really an accommodation and obviously you don ' t necessarily have all the information when someone cones in for a permit . But it is a limited permit in a sense , since it is only a foundation permit . Mr . Frost remarked that the requests are probably more valid with the larger projects . So many people are involved that the responsibility of these people do not always ccme together in a timely fashion . It is not uncco mon , for example , for sprinkler plans not to be altogether at the time they want to get something going . Supervisor Desch asked if foundation permits were issued for the fire stations ? Mr . Frost: replied , no . Technically permits were not required because it was a municipal building . Councilwoman Raffensperger remarked that it had been her impression that when they have been asked for in the past it was primarily because the person asking for the permit has not met all of the requirements , for example , Planning Board conditions and while they are attempting to do that they ask for a foundation permit . The only thing that seems dangerous about that is that unless you are willing to say to them you have to tear it out if you don ' t meet the conditions then you shouldn ' t be issuing a partial permit to anybody who hasn ' t met conditions of the Planning Board . Town Attorney Barney replied that he thought you see them this time of year with more frequency because people want to get into the ground before they have all the requirements and they are afraid the weather will close them down if they don ' t start the foundation . He stated that he had trouble with them for that reason because we don ' t have any legislative authorization and if this Board chooses to sanction them he would recommend that we put together an amendment to our regulatory language which deals with the uniform building code which governs it to allow a foundation permit but to also to provide for situations where they would be allowed and to provide that if the permanent permit is not issued within a specific amount of time the property must restore to it original condition . Mr . Frost replied that generally a foundation permit would not be issued if there are stipulations and the Planning Board says prior to the issuance of a building permit . Town Attorney Barney added that the other time it cones in handy is when the requirement needs to be reviewed and the staff or the attorneys simply don ' t have the time to do it . The materials have been submitted but we have not had the time to go over them and react to them . we don ' t like to hold somebody up if they have attempted to conply . Also , there is a workload at the Planning Board level . Councilman Whitcomb remarked that he felt the danger of issuing any such thing is that the Town looses some control it has over the project . It ' s like issuing temporary certificates of occupancy , you may have the power of making the person remove the foundation if it doesn ' t meet specifications but he had not seen any will of the various Boards to be that strict with builders or developers . Town Board Minutes 25 November 11 , 1989 It also makes it more complicated for the people reviewing the thing to make sure too that yes indeed all of the requirements have been met . What if you say okay go ahead and build the foundation and then you discover there is something missing on the site plan approval that would require the foundation to be moved or altered in some way . He felt it just made the whole process more complicated than it is now . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE RELATIVE TO THE OCCUPANCY OF DWELLING UNITS Proof of posting and publication of a notice of a public hearing to consider a local law amending the Zoning Ordinance relative to the occupancy of dwelling units having been presented by the Town Clerk , the Supervisor opened the public hearing . Karl Niklas , 1006 Danby Road stated that he would like to suggest the rewording of one sentence that is repeated three times in the document . On page 5 , item 3 , ( 2 ) , " a two family dwelling shall be occupied by not more than two families " , he stated that he would like to know if it would be possible to change that to " each dwelling unit of a two family dwelling shall be occupied by not more than one family" . The reason is simply that you may have one of the two parts of the two family dwelling structure not inhabitable for some reason or not rentable and the owner might be inclined to say will he could get two families in this thing , in the one dwelling unit . He stated that he did not think it would change the spirit of what the Town Attorney intended . Town Attorney Barney replied that he thought Mr . Niklas had a good point . Mr . Niklas went on to say that this occurs there and at the botton of the page and it occurs on page 6 under number 7 , article 5 . Mr . Niklas went on to say that under "Multiple Residence " shall be occupied by no more than , ( a) one family or ( b) one family plus no more than two boarders , roamers , lodgers or other occupants . He stated that his real concern was about the two because a family by definition is two unrelated people and , therefore , (b) would allow four unrelated . He wondered if the Board might consider changing that to one boarder , renter , etc . , etc . , because it seems like you are having a doubling of two to four rather than two to three . Supervisor Desch replied that the Board had had some discussion about that. . Town Attorney Barney remarked that he put in the number that he was told to put in there . He stated that he felt the feeling was that in Multiple Residence you don ' t need to be quite as tight with the number of people occupying each unit and indeed there are some Multiple Residence project like College Circus that are constructed with the ithought of having four or five or even six people in one unit , depending on the number of bedrooms . Whether they are going to be able to qualify under this ordinance remains to be seen . Mr . Niklas asked if that wasn ' t going to be grandfathered7 Town Attorney Barney replied , that ' s an interesting question and he did not 'know but probably the Board should take the initial position that no , they would not be grandfathered . Mr . Niklas went on to remark that the Town Planning Board did put a limit of 600 people in that entire project . He stated that he understood'. the logic that MR can handle a greater density of people Town Board Minutes 26 November 11 , 1989 but that didn ' t seem to him a compelling reason to go fran two to four . You could go from two to three and still get a fairly large density of people in an MR because remember a family is two unrelated and that doesn ' t mean a minimum of four people under (b) . You can have many more than four people . You would just simply have four unrelated people . You still get a sizable density if you were to change this to one family plus no more than one boarder , roomer , lodger or occupant . Councilman Whitcomb questioned what happens if a person has an existing multiple residence unit which has four bedrooms , for example . Councilwoman Raffensperger asked if there was still the square footage requirement? Town Attorney Barney replied , yes . Mr . Nikla.s remarked that he was still trying to understand the reason fo:r the two boarders rather than one . Town Attorney Barney replied , the thought being that there should be some areas in the Town where you can have quadruple . Mr . Niklas asked if that shouldn ' t be left to the Town Planning Board or the Zoning Board of Appeals ? Town Attorney Barney replied no , the Board of Zoning Appeals has to act on the basis of practical difficulties or unnecessary hardship . He supposed there would be situations where you could have a practical difficulty or unnecessary hardship but they can ' t just walk in the door carte blanche and say modify the occupancy . Mr . Niklas remarked that the suggestion he would make would be for the Board to change this to one roomer , boarder or lodger or other occupant with the understanding that you are then limiting it to three unrelated people but not limiting it to three people . You are still getting your high density if it is reasonably done by the people who are renting their property . The question was asked from the audience if , when you explore various alternative living arrangement or house sharing by elderly or elderly and students as a way to keep people in the same community that they have been living in a situation like that where one elderly person owned a house and chose to have up to two roomers of whatever nature or gender , could that be excluded? Town Attorney Barney asked , in a single family house ? The reply was yes . Town Attorney Barney continued , yes unless they occupied , ate together and acted as a single housekeeping unit then they could have the three together . Peter Hillman , Stone Quarry Road stated that his question was in terms of practicality of existing violations that are still pending and when this thing is put into effect how do the two mess with each other- and what about the places currently in violation? Mr . Frost replied that depending on the actual specific occupancies that are clear established violation which he suspected which are basically four or more than four unrelated individuals that it will be the responsibility of the property owners to go before the Board of Zoning Appeals to show that they are a family and if not then they seek the occupancy variance . Town Board Minutes 27 November 11 , 1989 Town Attorney Barney remarked that he hesitated to respond since he had litigated , a number of year ago , a situation where houses were being constructed with seven bedrooms and the Town took a look at it and said there will be seven students living in two units so there were actually fourteen bedrooms in each house . The Town thought it didn ' t sound very good and changed the law after the person had gotten a number of building permits . We went all the way up to the Appellant Division and the Appellant held that because they have a vested interest in the construction he was able to occupy the units as they were designed with seven people . Up to the point: where he had building permits , those he tried to get after and we had changed the law he was not able to get . He stated that he hesitated to respond and wanted to go back and look at that case because it was different and he was not ready to render an opinion that he could stand on tonight on people who are currently violating under the terms of this ordinance . Councilman Whitcomb replied that it seemed like those instances would be rare , Town Attorney Barney replied that there were four cases where we now have problems . A current violation under the law is not enforceable so that ' s the other problem . You are entitled to a valid non--conforming use if you were legal before the law goes into effect . They are not legal under our Zoning Ordinance but the Zoning Ordinance may not be legal either . Councilwoman Raffensperger remarked , but that hasn ' t been determined either . Town Attorney Barney replied , not our specific one but so close to it . . . . . do we want to spend the resources to chase these people ? A man in attendance asked why the Board was putting any restrictions at all upon how many people onr can take into their house ? He stated that he knew the usual arguments that they cause trouble or they take too many drugs into the house , who knows what else the reason might be but yet homeless being there in some capacity if someone wants to take someone into their have in some way or another why can ' t they , if they want to take in five or six , even if -there was a little more noise in the neighborhood or whatever . Why can ' t people be a little more tolerant of that? Supervisor Desch replied that he guessed the best answer to that is that we have had a zoning law on the books for many years that sets a standard or a threshold and what we are doing is amending that threshold to be consistent with a constitutional determination . We are really not breaking new ground in terms of restricting occupancy for the first time , it is really an amendment . The man replied that it seemed to be sort of a selfish thing in trying to maintain a certain amount of people who can live in a place and not leaving that up to the individuals rights . Supervisor Desch replied that there was more to it than that , there is the capacity and the welfare of the community . As no one else in attendance wished to speak for or against the proposed amendment , the Supervisor closed the public hearing . He then asked the Board if there were any questions on the environmental assessment ? Councilwaran Leary questioned the multiple residence section , she stated that she was trying to compare it with the actual wording in the ordinance and it seems really different . Proposed you have a , Town Board Minutes 28 November 11 , 1989 b , c , and d , individual and two boarders , family and two boarders , two unrelated persons plus two boarders . Town Planner Beeners asked if she was talking about her unofficial summary? Councilwoman Leary replied yes . The way it explains it there it seems very different and she was just trying to get it straight . On the latest version on page 6 , number 8 it only has two situations that are allowed . one is one family or one family plus no more than two boarders , right ? Town Attorney Barney replied , right . In an effort to try and stream line it we defined an individual also as a family . When you go back to the definition section a family is defined as (a ) an individual , so rather than repeating that again in the multiple residence section . . . . so what the Town Planner has done here is use the definition and added the number of boarders . You can have an individual plus two boarders or you can have a family in the so called tradition sense plus two boarders , you can have two unrelated persons living together as a single housekeeping unit which has also been defined as a family plus two boarders . He thought she had stated it correctly . Town Planner Beeners replied that it was just to show the different combinations there might be within the law . As an attempt to see what the numbers would be . Councilwoman Raffensperger remarked that the one thing that has not been said tonight is that the number of persons in two family has been increased from three to four . Town Attorney Barney replied , as long as they are living as a single housekeeping unit in each unit . Councilwoman Leary remarked that she had a problem with the proposed amendment . She still thought that for the multiple residence there should be a provision for four unrelated people living together and not having to in any way be living like a family . Might now the maximm you have is three and she thought it should be four because you do have a situation in the Town where there are apartment complexes that have four bedrooms , that advertise four bedrooms , that have room for four individuals to live there who don ' t have to make any pretense of living like a family . She stated that she felt that since the situation exists we should allow it . Councilman Whitcomb replied , isn ' t that grandfathered? Town Atto..rney Barney replied that that was the very issues he was hesitant to comment on . Councilman Whitcomb replied , they are not in violation now because we have no restrictions covering multiple family residences . Councilwo}:ian Leary replied , what we are saying now is that we will not allow any more four bedroom apartments to be built . Supervisor Desch replied that is right , suppose he moved out and somebody else wants to move in , then what ? Councilworian Raffensperger remarked , they can go to the ZBA . Councilwoman Leary replied that she did not think the Board should force that: to happen . Town Board Minutes 29 November 11 , 1989 Town Attorney Barney remarked that he would like to deal in practicalities rather than legalities , it ' s going to be very difficult for the Town to monitor whether a number of people who are living together are living as a single housekeeping unit . As a practical matter , what you are going to be doing is you are going to be looking at a number and if it is a two family house and there are two people living in one unit and two people living in the other unit you are going in an say show how you went out and bought your groceries together and show how you had your dinner together the past six nights . The same thing will go with multiple residents , your number is four and they probably won ' t go any further . If there are five then you see the number if wrong whether you are living together as single housekeeping units or not . Councilwoman Leary asked , why can ' t you also make provisions for the four? Town Attorney Barney replied that he couldn ' t do it on the unrelated persons basis . If you want to do it the way the language would have to read is , a family plus no more than three boarders , roamers or lodgers , so now it means fran a practical standpoint you are looking at five . Councilwoman Leary replied that that was why she was wondering why it couldn' t say four unrelated people ? Town Attorney Barney replied , it is not enforceable and that is the whole reason to go through this whole exercise . Councilwoman Leary suggested the ordinance say an individual plus three boarders , then you won ' t get into the area of a family possibly being two people . Town Attorney Barney replied , the instant you start allowing a different number of boarders based upon the other criteria you would bring yours , he felt , at the mercy of the courts because you are discriminating again and he did not think that was what the Board wanted . Councilwcmlan Leary replied , even if you say define a family as not an individual ? Town Attorney Barney replied , you are using an unrelated person again , you are not doing it directly , but you are using it as a basis . Mr . Frost asked about an occupancy restriction for a whole project . Town Attorney Barney replied that someone could come in for a variance for the project as a whole or occupancy throughout the project . They would have to do it for every single project . College Circle be a valid non-conformi � may ng use . Y Councilwoman Raffensperger remarked , you are not going to get complaints about four people living in a four bedroan apartments . Councilman Whitcomb asked about changing the language to incorporate the concerns of Mr . Niklas . Town Attorney Barney replied that if you change the language tonight you will have to go back to the republication and the resubmittal of the law . He suggested that if the Board had a mind to adopt the law then go ahead a adopt it and then he would bring back a very brief amendment to adopt at the next meeting . Town Board Minutes 30 November 11 , 1989 RESOLUTION N0 . 305 Motion by Councilman Klein ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby declare a negative determination on the proposed amendment to the Zoning Ordinance relative to the occupancy of dwelling units . (Desch , M::Peak , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Councilwoman Leary stated that she was still uncomfortable in putting this on the books and would rather it go with five people . LOCAL LAW N0 . 8 Motion by Councilwoman Raffensperger ; seconded by Councilman Whitcomb , LOCAL LAW NO . 8 A LOCAL LAW AMENDING THE ZONING ORDINANCE RELATIVE TO THE OCCUPANCY OF DWELLING UNITS Section L Legislative Findings . The Zoning Ordinance of the Town of Ithaca permits residential uses and establishes residence districts in the Town consistent with the Town comprehensive plan . One purpose of this part of the Zoning Ordinance is to preserve the Town ' s residential character and protect residents from overcrowding , an excessive volume of traffic , parking problems , and excessive noise which deprives them of the privilege of quiet residential neighborhood communities . Residential districts are designed to allow people to reside in peaceful environs undisturbed by the disruptions attendant to business , industrial and other intensive uses . The U . S . Supreme Court has found that a quiet place where yards are wide , people few, and motor vehicles restricted , are legitimate guidelines in land use plans . Further , the police power is not confined to elimination of filth , stench and unhealthy places , but it is proper to lay out zones where family values , youth values , and blessings of quiet seclusion and clean air make the area a sanctuary for people . The Court of Appeals of the State of New York has also recognized the validity of these governmental purposes , provided there is a reasonable relationship between the purpose and the regulation utilized to achieve that purpose . In recent years town officials have been inundated with complaints about the overcrowding , noise , and parking problems in many residential neighborhoods caused by large numbers of persons occupying residential dwellings on a transient basis , primarily as student housing for a semester or academic year . The vast majority of these complaints are received during the school year . The Town has two institutions of higher learning with a large population of students . Unfortunately , the housing accommodations provided by these institutions of higher learning are inadequate to meet the housing :needs of all of the students enrolled in these institutions , thereby causing students to look for housing in what are otherwise primarily long term residential neighborhoods . The effect of these problems is to convert dwellings in such Town Board Minutes 31 November 11 , 1989 residential neighborhoods into rental , non owner-occupied properties occupied by large numbers of students . These occupancies are usually not individuals living together as a single housekeeping unit , but are more reflective of transient , seasonal ( including semester or academic year) occupancies . This tread threatens the stability and integrity of residential neighborhoods . This practice interferes with the goal of providing quiet and peaceful residential neighborhoods . It also results in the hazardous overcrowding of residential dwellings . The Town recognizes that quasi-multiple dwellings are an integral part of the community . However , if legitimate long-term residential units continue to be converted from long-tern continuous occupancy to rental occupancy on a semester by semester basis for short-tern economic gain at the expense of the rest of the community , the character of the Town ' s residential neighborhoods will be destroyed . Rather than a place where long-term stabilized neighborhoods exist where residents can have peace and solitude , they will become a haven for students whose parties , driving , and other activities disturb residential tranquility . Such type of occupancies are better acccmrcdated in multiple residence districts and special land use districts permitting same . The Town does provide substantial acccanntodations for this type of occupancy in its multiple residence and special land use district areas . The protection of residential values must be achieved by regulations which are reasonably related to this goal . The Court of Appeals decision in McMinn v . Oyster Bay , ( 66 N . Y . 2d 544 , 1986 ) is illustrative of this fact . It is the purpose of this local law to protect the Town ' s residential neighborhoods by reasonable regulations . Specifically , this local law redefines " family " in compliance with McMinn , ( supra ) . Overcrowding of residential dwellings and properties is also regulated based on habitable floor area . By such regulations the Town hopes to give effect to its zoning ordinance and the goal of preservation of residential neighborhoods by insuring that residential neighborhoods continue to be populated by year round , long-term residents , while transient student visitors are properly located in zones intended for multiple and transient accommodations . Section 2 . The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised , effective February 26 , 1968 , be further amended as follows . 1 . Article I , Section 1 , Subparagraph 5 is amended to read as follows : " 5 . A ' family ' consists of (a ) An individual , or ( b) Two or more persons occupying a single dwelling unit , related by blood , marriage , or legal adoption , living and cooking together as a single housekeeping unit , or ( c ) Two unrelated persons , occupying a single dwelling unit , living and cooking together as a single Town Board Minutes 32 November 11 , 1989 housekeeping unit . (d ) Notwithstanding the provisions of paragraph ( c ) of this definition , a group of unrelated persons numbering more than two ( 2 ) shall be considered a family upon a determination by the Zoning Board of Appeals that the group is a functional equivalent of a family pursuant to the standards enumerated in paragraph ( f) herein . ( e ) Before making a determination whether a group of more than two unrelated persons constitutes a family for the purpose of occupying a dwelling unit , as provided for in paragraph (d) of this definition , the Zoning Board of Appeals shall hold a public hearing , after public notice , as is normally required for the obtaining of a variance . The fee for such an application shall be the same as is required for an application for a variance . Said application shall be on a form provided by the Zoning Board of Appeals or Zoning Enforcement Officer . ( f) In making a determination under paragraph ( d) the Board of Appeals shall find . ( i ) The group is one which in theory , size , appearance and structure resembles a traditional family unit . ( ii ) The group is one which will live and cook together as a single housekeeping unit . ( iii ) The group is a permanent nature and is neither merely a framework for transient or seasonal ( including as " seasonal " a period of an academic year or less ) living , nor merely an association or relationship which is transient or seasonal in nature . In making this finding , the Zoning Board of Appeals may consider , among other factors , the following . ( a ) Whether expenses for preparing of food , rent or ownership costs , utilities , and other household expenses are shared and whether the preparation , storage and consumption of food is shared . (b) Whether or not different members of the household have the same address for the purposes of ( i ) Voter registration . 1 ( ii ) Drivers license . ( iii ) Motor vehicle registration . ( iv) Summer or other residences . ( v) Filing of taxes . ( c ) Whether or not furniture and appliances are commonly owned by all members of the household . (d ) Whether or not any children are enrolled in local schools . ( e ) Whether or not householders are employed in the local area . Town Board Minutes 33 November 11 , 1989 ( f ) Whether or not the group has been living together as a unit for an extended period of time , whether in the current dwelling unit or other dwelling units . ( g) Any other factor reasonably related to whether or not the group of persons in the functional equivalent of a traditional family . ( iv) In making determinations under this section , the Zoning Board of Appeals shall not be required to consider the matters set forth in Section 77 of this Ordinance . ( g) Notwithstanding the provisions elsewhere provided herein , if the following limitations result in a lesser permitted number of occupants than would be permitted under the definition of family set forth above and the regulations of each zone set forth later in this Ordinance , the number of occupants , related or otherwise , shall not exceed the maximum numbers determined on the basis of habitable space of each dwelling unit as follows . ( i ) A minumzn of 150 square feet of habitable space for the first occupant ; and ( ii ) 80 square feet of habitable space for each additional person in each dwelling unit . In no case shall the enclosed floor area be less than required by Section 58 of this Ordinance . Area: utilized for kitchenettes , bath , toilet , storage , utility space , closets , and other service or maintenance space shall be excluded in determining ' habitable space ' . " 2 . Article 3 , Section 4 , Subdivision 1 , is amended to read as follows : 111 . A one-family dwelling . A one- family dwelling may be occupied by not more than ( a) One family , or (b) One family plus no more than one boarder , roamer , lodger or other occupant . " 3 . Article 3 , Section 4 , Subdivision 2 (a ) is amended to read as follows : " 2 . A two- family dwelling shall be occupied by not more than two families . " / 4 . Article 4 , Section 11 , Subdivision 1 , is amended to read as follows : "A One-Family Dwelling . A one- family dwelling may be occupied by not more than ( a) One family , or (b) One family plus no more than one boarder , roomer , lodger or other occupant . " Town Board Minutes 34 November 11 , 1989 5 . Article 4 , Section 11 , Subdivision 2 ( a) , is amended to read as follows : " 2 ( a ) . A two-family dwelling shall be occupied by not more than two families . " 69 Article 5 , Section 18 , Subdivision 1 , is amended to read as follows : " 1 . A One-Family Dwelling . A one-family dwelling may be occupied by not more than ( a ) one family , or (b) one family plus no more than one boarder , roamer , lodger or other occupant . " 79 Article 5 , Section 18 , Subdivision 2 ( a) is amended to read as follows : " 2 ( a ) . A two-family dwelling shall be occupied by not more than two families . " 8 . Article 6 , Section 26 , is hereby amended by adding a paragraph at the end thereof reading as follows . "Each dwelling unit in a multiple residence shall be occupied by no more than ( a ) one family , or (b) one family plus no more than two boarders , roomers , lodgers or other occupants . " Section 3 . In the event any portion of this law is declared invalid by a court of competent jurisdiction , the validity of the remaining portions shall not be affected by such declaration of invalidity . Section 4 . This local law shall take effect ten days after its publication pursuant to applicable provisions of law . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Nay Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Supervisor Desch Voting Aye Local Law No . 8 - 1989 was thereupon duly adopted . Councilman McPeak left the meeting at this time . Town Board Minutes 35 November 11 , 1989 FOUNDATION PERMITS Supervisor Desch asked if it was the consensus of the Board that foundation permits should not be issued? Councilman Klein replied that he would like to ask Andy Frost if it helped him in any way to have the authority to issue them or is it just easier to say that you are not allowed to issue them? Mr . Frost replied , it is easier to say that Town policy does not allow them . But in some circumstances it will be tough . May be it is something the Town owes the builder because he is waiting for a response from us . Councilwoman Raffensperger remarked , if we could have a set of criteria under which they would be issued , to consider , she would feel a lot more comfortable in considering them . To just say may be we will issue foundation permits , who knows where or when makes her uncomfortable but if there are situations in which we could all agree that it is a reasonable thing to do then she thought we should have a list of those situations and look at it and decide . Mr . Frost replied , individual circumstance , for whatever reason , may not be on such a list . Town Attorney Barney remarked that if the Board were willing to give foundation permits then he felt the Board should give the Zoning officer some discretion , he did not think anybody could set down and think up every situation where it might be reasonable to do it . But yoq should have something showing what must be in place before issuance , the level of plans , compliance with Planning Board considerations , etc . Mr . Frost remarked that the Board was looking at possibly five with a maximum of ten a year , so it ' s not a big thing . Councilman Whitcomb replied that he would be willing to look at a written proposal with criteria under which foundation permits would be issued .. TEMPORARY CERTIFICATES OF OCCUPANCY Councilman Klein remarked , again we need a list of criteria . Town Attorney Barney remarked , as with the Foundation Permits we do not have legislation authorizing to issue temporary Certificates of Occupancy either . Supervisor Desch remarked that guidance is needed on the fee . If you are talking about a house that ' s one thing but a huge complex is another thing . Councilman Whitcomb suggested a percentage of the building permit fee . Councilwoman Leary remarked , if you get an applicant like Cornell a thousand dollars is nothing . Even if it ' s a high value , Cornell can pay anything . Supervisor Desch suggested they both be items for the December meeting . WATER ACCOUNT REFUNDS Town Board Minutes 36 November 11 , 1989 RESOLUTION N0 . 306 Motion by Councilman Bartholf , seconded by Councilman Whitcomb , ( 1 ) WHEREAS , -the customer at 1353 Slaterville Road incorrectly read the water meter on the June 1989 bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $ 74 . 46 for water , $ 7 . 45 wager surcharge , $ 50 . 84 sewer and $ 5 . 21 sewer surcharge , total refund of $ 137 . 96 be made to Christopher Heaton , 1353 Slaterville Road , Ithaca , New York . Account Number S-968 . ( 2 ) WHEREAS , the customer at 127 Westview Lane has been incorrectly reading the water meter for one year , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $ 68 . 50 for water , $ 6 . 85 water surcharge , $ 71 . 18 sewer and $ 4 . 77 sewer surcharge , total refund of $ 151 . 30 be made to Paul Seeley , 236 Durfee Hill Road , Ithaca , New York . Account Number V-3998 . ( 3 ) WHEREAS , the customer at 1036 East Shore Drive paid their September water bill and then paid it again on the final bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $ 20 . 52 for water , $ 2 . 05 water surcharge , $9 . 27 sewer , $ 1 . 44 sewer surcharge , $ 2 . 26 water penalty and $ 1 . 07 sewer penalty , total refund of $ 36 . 61 be made to Barns & Stellarsco , 21 16th Street , New York , New York 10011 . Account Number T- 1318 . ( 4 ) WHEREAS , a penalty was assessed on the final bill for the customer at 106 Landmark Drive even though the September bill had been paid on time , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $ 4 . 74 for water penalty and $ 2 . 46 for sewer penalty , total refund of $ 7 . 20 be made to Kenneth Hanna , 2287 Oberon Lane , Port Charlotte , Florida 33983 . Account Nlunber S- 1181 . (Desch , R5Lffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . DELINQUENT WATER AND SEWER CHARGES ON 1990 TAX ROLL RESOLUTIOrf N0 . 307 Motion by Councilwoman Raffensperger , seconded by Councilman Bartholf , RESOLVED , by the Town Board of the Town of Ithaca that delinquent Town of Ithaca water and sewer bills in the amount of $ 19 , 796 . 11 and delinquent customer repair bills in the amount of $ 128 . 00 be added to -the tax roll for 1990 , as a lien against the properties involved , and to become due and collectible as part of the tax bills for the Town of Ithaca which will be mailed to property owners on December 29 , 1989 , and which will be due in January of 1990 . Town Board Minutes 37 November 11 , 1989 (Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb -voting Aye , Nays - none ) . ASSISTANT BUILDING INSPECTOR/ ZONING OFFICER ATTENDANCE AT THE NEW YORK STATE BUILDING INSPECTORS SCHOOL RESOLUTION N0 . 308 Motion by Supervisor Desch ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Paul Hansen , Assistant Building Inspector/ Zoning Officer to attend the New York State Building Inspectors School in January 1990 , February 1990 , March 1990 and April 1990 . (Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ACCEPTANCE OF A 518 +/ - FOOT OF A NORTHERN EX'T'ENSION OF WOODGATE LANE AND A 60 FOOT PORTION OF PROPOSED MAX ' S DRIVE Town Attorney Barney noted that the road had been constructed to the Town specifications and the Town has been plowing the road . Robert Drake is going to cone in with a subdivision for the extension of Max ' s Drive to the east . Supervisor Desch asked the Highway Superintendent if he agreed? Highway Superintendent John Ozolins replied , no problems . Councilwcraan Raffensperger asked if the Board was being asked to accept something that the Town had been acting as if it had already accepted it or is there something brand new here ? Town Attorney Barney replied that as far as he knew it was something we thought we already had . RESOLUTION N0 . 309 Motion by Councilwoman Raffensperger , seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca accept 518+/ - feet of a northern extension of Woodgate Lane and a 60 foot portion of proposed Max ' s Drive , all as shown on the survey map prepared by Kenneth Baker and submitted to this meeting , such acceptance to be subject to the approval of the Town Attorney of the documentation and marketability of title for the conveyance of such road to the Town . (Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nay: - none ) . TOWN OF ITHACA WARRANTS Councilman Klein questioned the bill for the leaf shredder which shows two $ 2 , 000 payments and then another $ 3 , 000 payment . Highway Superintendent Ozolins replied that right now we are renting it. for two months for $ 4 , 000 and then we will get the bill for the rEmnaining $ 3 , 000 , in January . Councilman Klein replied that it was not clear that after the $ 3 , 000 is paid the Town will own the leaf shredder . Town Board Minutes 38 November 11 , 1989 Town Highway Superintendent Ozolins replied that in January we will get a bill for $3 , 000 for purchase of leaf shredder . The purchase price is $ 7 , 000 . RESOLUTION N0 . 310 Motion :by Councilman Bartholf , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated November 9 , 1989 , in the following amounts : General Fund - Town wide . . . . . . . . . . . . . . . . . . . . . . . . $ 57 , 516 . 18 General Fund - Outside Village . . . . . . . . . . . . . . . . . . $ 46 , 534 . 11 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 262 , 070 . 49 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87 , 053 . 26 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 452987 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6 , 939 . 68 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 65 (Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 311 Motion by Supervisor Desch ; seconded by Councilman Bartholf , RESOLVED , that the Bolton Point Warrants dated November 9 , 1989 , in the Operating Account are hereby approved in the amount of $ 140 , 191 . 01 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . COLLEGE CIRCUS DRAINAGE Town Attorney Barney stated that he had reviewed the agreement , sent it back to them with his comments and they have since come back and now we are at a little bit of impasse . We had provided that they were going to maintain the pond and the language that he put in " such maintenance shall include all which deems reasonably necessary by the Town in it ' s sole discretion to preserve the pond for it ' s :intended purposes " . He stated that the reason he had put that in was that he really wanted the Town to have full and complete and absolute control over the work that was done there and whether the work was done in ccopliance with what we felt needed to be done . They are having a little bit of difficulty in it being in our sole discretion and they would like to put in an arbitration provision which would be used to arbitrate whether or not we were being rea;�onable or not . This is the kind of situation where he would prefer not to and he had resisted putting it in but it is now a hang up which is causing us not to get an agreement . He stated that he would like to be able to go back to them and say either the Town Board said back off or the Town Board says they want that in there and that is the only way we will accept the pond . Councilman Whitcomb asked the Town Attorney what his recommendation was ? Town Board Minutes 39 November 11 , 1989 The Town Attorney replied , stand firth . The Board agreed to stand firm . CAYUGA HEIGHTS LAW SUIT Town Attorney Barney remarked that he would go ahead and file the Cayuga Heights law suit as the papers were ready . Supervisor Desch replied that there hadn ' t been any change . Town Attorney Barney stated that they had held off filing a law suit on the trail with Sincebaugh . He stated that another meeting had been scheduled with Mr . Sincebaugh and his attorney and he would wait for one more Meting . Councilwaman Leary remarked , the Cayuga Heights law suit , did their contract say that they could cancel at any time? She stated that she had heard that it did . Town Attorney Barney replied , no . It does with the Town of Lansing and the Village of Lansing but not with the Town of Ithaca . FIRE STATIONS Councilman Klein stated that basically they are looking for completion around March , they are about a month behind . The general contractor has been approved for about 60 % of his costs the rest are about 40-50 % . Site work should be completed about June . Some change orders have been approved mostly field conditions and those types of things . The biggest problem was some water and sewer mains that were incorrectly plotted and when they excavated cut across for the buildings the water mains were above grade , so they have to be lowered . There should be a big contingency left . Councilwcrnan Leary asked about where the Town stood with Maplewood and the Chamber? Town Planner Beeners replied , Maplewood will have to go back to the Planning Board for a revision to the site plan because of the addition of a building that was found there . At this point , the fencing around the ponds will probably be modified down to a different scale or else we will be coming back to the Board for a reduced size to their fencing around the retention areas . Right now it is indefinite as to whether Maplewood will have to come back to the ZBA and Planning Board until a revised plan is submitted on the landscaping and until they decide if they are going to keep the building behind the community building or not . Councilwoman Leary asked about their temporary certificate of occupancy ., Andrew Frost replied that their temporary certificate expires November 15th . We had a list of eleven or twelve items and have gone through them line by line . The remaining issue he could see come November 15th was the landscaping issue , the building , and what Bolton Point is going to say and we may have some problems with plumbing . The Town Planner noted that she had just received material from the Chamber of Commerce and had not had time to review it . ADJOUR SMIT Town Board Minutes 40 November 11 , 1989 The meeting was duly adjourned . Town C erk A rYI DA1 '1T Of M ?AL ?CATJ0?.' THE ITH. A CA. JOURN I , .. . . . �_. �°. . � . . _ . �_ .l . l . ., . s _ _. . . . . . . . berms dully rk o , , ae�,S � TOWN OF ITHACA ' NOTICE OF PUBLIC HEARING,;: Eut he mide-s :iv 1Lhocz , Cour, h and rite alcresaid amo PRELIMINARY BUDGET NOTICE IS HEREBY GIVEN, that: i the Preliminary Budget for•the; Chit 1J! iS • , • . IQr _ Southern -Cayuga Lake Inter _. . ... . .. . . .. . ... . . . . . . . . . . . . . . .. . . . . . 0 . . . . . . . . . . . .. . municipal Water Commission ' for ' the year beginning Jan,-' Gr 7EZ ITFib , , uary 'l , 1990, has been com-r. � G1 30i'F� AS 8 p'.1h) 1C D ! rt?pn�+P7 F? rL'] te 8.'1G� �jUV :Ls . - pleted and filed in the Office , of the Town Clerk of said Town at 126 East Seneca �:+ IthbCf .0orCSE_i6 , aDa thet a 1)otice , 0l V. hjr4- the a nexec? is a " true Street, . Ithaca, New York " where` it is available for .in spection by any interested person at all reosonabt6', . . . .. . . . . . . • • - - --. .... . . . . .... . . . . . . . . . ... ... . . ... . hours. :f FURTHER . NOTICE IS HEREBY{•. 1 — Intl GIVEN, that the Town Board of_ C 'SR .bS.k . ... . . . . . . . . .�� . 1 . . . _ ._ . __.. . . . - -_. . . .. . ._ . . . .. . ... _ __. . . .. . .. . . . .. . _.. . . .. . . .. .... . . . said Town of Ithaca will meet; and review said Preliminary. Budget and . hold a public; _ . hearing thereon at the Town; — . . . . . . ... . .. . ... .. . Offices, 126 East Seneca Street, Ithaca, New York, at rc1 F ,_. 1 1 j ,� *i .� . Ot SAO Do + ,�.� 0 � tie 6:45 P. M. , on November 9, '+ " ZG.. .. .. . . . . . 1989, and that at such hearing any person may be heard in l favor of or against any item or O . ' • ' . .t . . . .. - . - r- . - - , . IG . • -L/�• items therein contained. Jean H. Swartwood (- Town Clerk ��.�.. -?�� . . . .il October 28, 1989 S ;:�40.wvibed "d S-VA,= tCj 1XF07e Lne , this . __ . . . . . . . . . . .. . . .. .. . . . . . . . cc.E } a , �. . . . . . . . . . . . . . . . ? � . _ _ .Q� . . . . . j vrc�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . .. . . . . ' o'.. v Fubliz . JEAN FORD No ;ary PubliC, State of New York No. 4654410 :< u ifed in Tompkins Count COr1 MIsSiOn expires May 3l, 19 � AlFIDAVIT OF PMLlCAT10Jr' AL THE I �' �41A CA 3 OURN TOWN OF ITHACA .. . . . : .. F� .1. . 4 .. . _ . . . c. 2U. .I - -' .. .1 . !V� . .. . . . . . . . being Gtl1V Sit 0 1 , aP�"`ge< NOTICE OF PUBLIC HEARING;;. PRELIMINARY BUDGET =Pt=? ^ _ NOTICE IS HEREBY GIVEN, that Ln ? 3; \03J t rs LLt be rides iz Ithamb W�lt�' &.nd hate 8.{ ^ *es 'e. 1d Ln3 the Preliminary Budget of the", ; Town of Ithaca for the - fiscal.' i year beginning Januaryy 1 , ° II 1990, has been completed that br Ls . . . . . 1 . . . . . . . .. . . . ... . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . ... ... . . and filed in the Office of the.: Town Clerk of said town at 126`.. East Seneca Street, Ithaca;;' Or TEL ITILA, C_� JOi'f� AS_ Ilk PIAIC Dewrspar = printed and ;rjbllshe ,3 New York, where it is' avail i able for inspection by any in_P terested person at all reosoria>? in Itlam ijort Lic' , and L:►Zt i rpotice , of K'1,...1C} the a:1) GZe3 L5 r, tMe ble hours. FURTHER NOTICE IS HEREBYt GIVEN; that the Town Board of. pY;. ww pul% bC^ said Town of Ithaca will meet; f^ (� . . . . .. . . . . . .. -- .. . . . . .._ . . .. . . . . .. ... . . . . . .. . ... . .. . . .. . . and review said Preliminary.,thereon at the Tcvvh- t' Budget and hold q-.. . . . . _ .. . . .I. � . . . . . . . . .. .. . . .. . .. . . . .. . ... . .... • . . . .. . _ . .. . - -. . .. . . .. .... . . . Street,Offices,gIth 126 East ew Yorke oo 7 :00 P. M. on November '9, 1989, and that at such hearing ', } � " '� - " ' - " '- " " " " " " " ' any person may be heard in favor of or against any item or L .? tit LF b: l : r _ a � . , t SLO LO �,: ^P terns therein contained. I .� _ �'as o — t. e - ' � - • • • - • PURSUANT TO Section 108 of . the Town Law, the proposed h}•� salaries of the following Town` of "'. . . . . . . . . . . - -. . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . � C . . Officers are hereby specified: ' Supervisor—$ 18, 000. 00 Councilmen ( 6 ) eoch = - n�--T• . . . ��J�!�. Y �^ $4,700. 00 Justice of the Peaces ) (each )—$9,000. 00 S "blm=:bed &zC' sw tG b2 : C ' e me , tl'Ls C1t• Jean H. Swartwood Town Clerk October 28, 1989 . . _ . . _ . C: - t,. -v Fu10 liz . JEAN FORD Notary Public State Cr` New York No. 465 = ; () Qualified in TOM, , S Coun ' Commission expires stay 31, 190., bb- A YFI DAI 'IT OF I'VILtCATJO?.' - ' THE ITH. ACA. JOURN �.L • t TOWN OF ITHACA ,.I 2 t� !" k, lt. F �! _ NOTICE OF PUBLIC HEARING',: �� �' � PLEASE .TAKE -NOTICE;;that the : Town" Board `of - the Town :'of c� ;Ithocd' will. meet and conduct. .- - . . � . . 4,. . . _ . .. 13. .� . _' - ..� . !�%J _ _. . . .. . . . bells G� IL �' S��'0 ,� , aP "`Seb a public hearing on Novem= � �` ber 9,_ 19890 .'at .7:45 r1 / ahe Town of , lthaca Offices.-i zm7 .U%--S_ tit be rezide's 1r, 1 &,acc , wsl.rbt1' iLnd state e_fermald Ln6 126 East-Senecn,Street;_Ithaca..: New Y prk;;for' the purpose of heanng all persons interested �t t �! L nn nn rr in.-a contract with the City of t 5. �. � �J. . . . _. . . . . .. . . . .. . . . -. . ... . .. .... . . . • . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .- . .... . . .. Ithaca for; fire protection at _a . cost of- $8710664.00 for: the: year. 1990 in the Town of. ltha. crf TEr 1ifi1C1 jOi'F\ AI. a F� b11c Dew'� aFAT przte! d grid pu �1t511et3 ca, : excepting '_ ihe' following1 areas, to Wit: _'i, • a) .The. :. Villdge ' . of Cayuga ItliSC£ •ifOrtSP d , gad th2t 5 Douce , G; 4L"�L1ich the annexed is 8 true Heights. b) The area compris-,;' ing 'all ;theterritory lying be;r tween the; east boundary'`of 1 ; the .Villa a of Cayuga Heights -' wzs F .I .-•� betc i. Sgid �'" '*G -- - - -- - - - - - -- ---- - - -- - -— ---- - - -- -- ._. . ... . . . . _.. . .. . . . and the: east boundary of,the Town of Ithaca. c) The Hamlet ,' of Forest Home, exclusive of.4 . -�T bn. r. . _ . _ - . s�SQ `. .�� the. structure' housing the Cor=' -- • -• - • •- - '•• • • ' nell University Filtration Plant.'. Jean H. Swartwood , • October 28, 1989 Town Clerk:: i-! ' t} the Lscbbt Fu1b,"Le= � a ^ cI S ai . . .�. . .. .. .. . . . . . --- }' of . b.C. �'9 .br. . - . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 19. . .�} . . . . .. . . .. . . . . . .. . . . . . . .. . . . . . . . . . . . ... . . . . .. . ........ aS :: oa =4 bed >Wc L• 1xf04*be me , ttis ..7. - - •- - 3- -- - - - - - - -- - - -- -- - . _ . . . . . c.E }• cx a - -�. . Z N ot.- j Fubiic . JEAN FORD Not Public, State of New Yorp No. 4654410 Qualified in Tompkins County Commission expires May 3 } 19q AFFIDAVIT CAF rVIL1CATJON ' THE IT �LA CA JOURAL`T TOWN OF ITHACA• NOTICE OF PUBLIC HEAR, NOTICE IS HEREBY GIVEN, t ` the Town Board of the Town\ Ithaca has prepared assess,' ment rolls for the parcels of tL rrrL.r Z.>Z FkF ru CM land included in the follow-i . ( 1 ) Renwick Heights , Lighting F�O District; 2 Forest Home Light- .1_ . 4.. . . _ . • • c .113. . ` . . .. . . . . . . . lIJ 4� tL \ ' 3 \x'0 ^ 1 , dP � S � District; .( ) 6 � ing (3) Clover Lane, Lighting District; (4) Glenside Lighting ' District; 5) Winners' A ]' ? Sk \ S , t:ZFt be TLSIC7CS ;LC It�ioCs Cooarl m ' JL*1d Mte fdortsajd an6 Circle Lighting �istrict; (b) Eastwood Commons . Lighting ff / District; (7) The Town of Ithaca t1at br Ls . . . .C, IQI'• . . . . . • - . _ water and sewer - im--, _ . . . . .. . . . . . . . . _ . . ._ . . . . _--- . ._. _ _ provements now operated by. the Town as a . Town-widei function and covering ll of TET IT�iAG1 JOi--NA- . a p '.11r•Lc DtwTpe *Y*°T printed and published lands in the Town, pursuant to Section 209-r of the Town Law; this assessment roll ' includes. in ltlSCfi 0ore4f..16 , and t:6z t a >a:)tioe , of %; AD-1 _h the Y .1* 1GJC � d u p true not only all the parcels foi=_ merly included in all the for- i mer water and sewer districts;' 11 .1 li9e: lu Slit : Fc 7G but also all other lands in the . " "" " " " "" " ' - ---- - - - - •. .. . . .. . .. . ... . .. . . •• - - Town. of Ithaca outside the ViIJ 1 lage of Cayuga Heights, an'de � 1 has apportioned and assessed . 11- . . . .. . . .. . . . .. . ". . . .. . ".. . . . . . ._ . . . . _ . . .. - _- . . . . . .. . ... . . . upon such parcels of - land in; proportion to the amount of� benefit the improvements . . . .. . •. . . . .. . . . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . .. . . . . . . . _ . . _. . . .. . . .. . .. .. . shall confer upon the 'same" the cost chargeable to said • districts and said land in the = � � ^ t � � Kai on Town of Ithaca for the estab- � t Lc �,_•r -t „ �,� i � „ _ •. C • s L � );3 . ... . . lishment and construction of the improvements in said dis=. � -}-� O tricts, including the water and dE \' of. . . r- . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 1 _ . �. sewer systems therein, which charges are payable in the year 1990 and, therefore, pur- suant to Section 239 of the Town Law, the said Town Su}JS = a:, C S 'C tG 1]efv . e L*1e tr'1:S Board thereonoadt theuTolwneof_`. ^ - ' . . . . .. . . . .. . . . ' " ' ' - . . . . " ' � % fices, at 126 East Seneca - " Street, Ithaca, New York, on , ' November 9, 1989, in the ap='` a C . . proximate order listed above' beginning at 7:30 P. M. , at:j which time it will consider any objections which may be _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _. _ . . . . . . . . . . . . . . .L. . . . . . made to said assessment rolls O'.."V FLIVjI and apportionments. JEAN FORD Jean H. Swartwood: Town Clerk` Notary Public, State of New York October 28, 1989 s No. 4654410 Qualified in Tcmp � lns County�,`` Commission expires NAsy 31, 19 . L.1 A " FIDAVIT Of M71L CAT10N THE ITFIACA JOURNAL being dull ,v r, onn , deposes tin ? 3 � % 3 ; twat he rtzides in Itl':om , COtJ_r: ',}• €nd state >Zforesaid >md tlu t 1,�* i4r . . . .LJQl er 'I r Iriilcl jot-FaA.t at pil:lic n - w`- p ° P°T primte%d amend pub'l sher3 _ . m.. TOWN OF ITHACA NOTICE OF PUBLIC HEARING , in It' ,ac -ifortsEid and tllzt i aJt1ce , or K1�.5C} the annCZG ,�', u & true PLEASE TAKE NOTICE, th6 ;tlie' Town Board . of the Town ``of + Ithaca - will meerand conduct C`771•, S1,7..t I v< C: in Said , z a public hearing on Novem; P F pe . . . . .. . . . . . .. .• -• - • - ---- ---- - - • - -. ... . ... . .. .... . .. . . . ber 9, 1989s at 8: 15 P. m .bt , Jhe Town Hall , 126 East Sene'- � ' ^ c C� ca Street, Ithaca, New ,Y,ork to"� `.J ate. . . . ._ . �. . . . . .Q ., .. . . . . . . . .. . . .. . .. . . . .. . . .. . ... . . . . . .. . . . .. . . .. _ _ - . . . . . .. . ._. consider a local - law amend- f " ' ing the Zoning Ordinance rel ative to the - Occupancy .1 of; ' dwelling units and will at this' _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... ... . . . . . . . _ . . . . . . . . . . .. . . time hear all persons in favor, . Of or opposed to-the adoption -I of said local law, �r ? t t} F . cf „ 1- lir _ �-:: . r ., . � ; , o Jean H. Swartwood F - . � .� ... _ .. c • sa .. .. . .. _ _ xas on L e . . . . . . . . . .. .. .. . . . . . Town Clerk 71 October 28, 1989. A of „ J . . . . .. . . . . .G t. b2 r . . �, . o - e Lae , t�'is . . . . . . . � �• cx ., . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . - . - . . . . . . l!< JEAN FORD Notary Public, State of New YoFk No. 4654410 Qualified in Tompkins County Commission expires May 31, 19, ,,E / AIFIDAVIT C>f MIgUCATJON 1HE ITH. A CA. JOURNAL _. . . .�G_. t� .�. . � . . . _ . 'v. .` . .� . .> . 'L 5 . .. . . . . . . . beirE duly swopm ' de?uses ll ` '"^•<��TOWN OF ITHACA1 :`' ` 3n ? Sc %3 , t�.ict De TtSldes lv lt .�locc COOS t1 atnd state a loresaid amri NOTICE OF ,PUBLIC HEARING ; :PLEASE TAKE NOTICE, that th'e� �1 n r i :' fo6vri` Boalu of the Town of � t � Lt . . . .C'J .Qr. k, ._ . . _ ___ . .. . . .. _ .. :;.Ithaca will .inegt and conduct ♦ _ . .. . ._ . . ca 7public' hecirin 'on Nov em: ; ber,-'9, :,1989, • at 7:20 P. M. , ai � � � � � the,=Town Hall :126 East Sene Q! T�z ITI iA1C_A JOl'P. A-L a p'_] b]Jc De ` srpapmeT pro . pjb ca Street,- Ithaca, NewYoik,- to ; :consider a local law amend � t " arig ' a ' loco . low 'establishing It;}lacs ifort4l l6 , and th2t 5 Dotace , OI which the aILLnexe -? u & ' true sewer ;• rents,`:'increasing the sewer rate from' :77/100 cub- i 'ic' feet to •$.85/100 cubic `feet q ^� , Nt-L' p •1 D= e'o iaii '� �y � pC r;df_water consumed and will at " " " " " ' " " this tirrie , hear ; all persons - in favor of or'' o p6sed to the - , adoption of said local low C. � . . . . . . . . — ' .. . . . . . . . . . . .. . .. . . . ... ... . F s. Jean H. Swartwood, . . . _. . . . . . . .. . . . . . . . . . . .. ... . . . . . . . . . . . .. . . .. . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . .. . . . . . . . _ . . . . . . . . . . _ . . . .. _. . Town Clerk October 28. 1989 :. � t � P c-� ^ , . 1.- lir• = f-: r� -. o1 L� ' n . : ro 1` �. . . . .. . . .. . ... . - - - � _ .. ,..r _. _ .. ,, . sue.. .. n ., � � . u-� on t... e . - - - • - r � � . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 19 . . . 7 . s. . p . . . ��. r . .. . .` . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ....... SA* =4 .d Emd sw'orr t:, before ale , ti>✓s . . . . . - -- . . - IU y. a _ . . . . . . . . . . . . . . . . 1 � . . . . . . . . . . _ _ . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . ?.' m. v Fublk . JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins County COMM; S5iori exr . res May A1' Fl DAVIT OF Pt ►BLICATIDA' - 1 1,HEITHFACA J - 1 t�U. . 4,♦ . . _ . . . v. .t . _� . 4 ,&&. . .. . . . . . . . beins Grll] N ' S�'O , , d °�+SfS Lric szvs , tit be r=si6e-s ir, IthacZ & Cour! t1• And Mte Q_fcresaid 8^ d 77TOWNOFITHACA NOTICE Of PUBLIC HEARING " = 'PLEASE 'TAKE .NOTICE,; that -the+ . . . .Lkr. . . .. . . . ... . . . . . .. . . . . .. _. . . .. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ._ . .... . . . . JownBoard ' of the_Jown of -•Ithaca will meet and conduct;; 6 "public'. .hearirig 66.,Novem=�' Gl TEU IZ�i.1C_AL 30i-FNA1. A PA IC neW:rpn �T prated r.7d I"JblisIle-3 ber, 9„1989, of,-7: 15 P. M. , at- . the Town Hall, 126 East SeneA l .ca Street, :lthoca- New York, to in Itlacf . 0ortsvd , and t1at a D0t1c+e , tZ K"il2• C} the a ) exe 3 S & true consider -a , local law. o ar6es ing the water Totes, = charges, N and other -.fees.cho�geable, to ; consumers =of wafer in . the p :ib'_Lsbe in staid F ; jam Town of Ithaca by mcreasI a. the water rate lurch -r a from, c Y 1 17 % of the water rate Charged_ `; to , 22 % `of ' the =water ` rate tel "' � — " " " " "" " charged and will `at this time hear all persons in favor of or opposed to L the of . . . -• . .. . . . .. . . . . . . . . . . .. .. . . . . . . . . . . ... . . — . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .. . ... . . . . . . . — . . . . . . . .. . . . . . .. .. . said local 16w. Jeon H. Swartwood -Town Clerk, j Sc no ' C: tt-5c OZ & e . . .. .. . . . . . October 28, 1989 -- � } of . . . . . .. . . . . . . . . . . .. . . . . . . 39 . . .� . - • � E? . . . .5_ . . . -. . . . . . . . ... . . . . . . .. . . . . . . . . . . . . . . . . . .. • . . . . .- -- Subd =ibied Iris rwtct&. tr 'DefV .r e Me , t..'L_S , _ . . . . . . . . . , .� ?� , JEAN FORD P40tarY Public, State of New No. 4654410 Qualified in Tompkins AC9yF�t / Carel MMssion egpores )%1 ;v �� j . , .