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HomeMy WebLinkAboutTB Minutes 1989-12-11 TOWN OF ITHACA REGULAR TOWN BOARD MEETING December 11 , 1989 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 11th day of December , 1989 , there were : PRESENT : Robert Bartholf , Acting Supervisor Shirley Raffensperger , Councilwcxnan Patricia Leary , Councilwoman David Klein , Councilman John Whitcomb , Councilman ABSENT : Noel Desch , Supervisor Henry McPeak , Councilman ALSO PRESENT: John Barney , Town Attorney John Ozolins , Highway Superintendent Erik Whitney , Assistant Town Engineer Susan Beeners , Town Planner Andrew Frost , Building Inspector/ Zoning Officer Harry W. MacPherson , Cornell University Michael K . Daley , Town Resident William Paleen , Cornell University Myrtle Whitcomb , 233 Troy Road Ed Olmstead , Fire Department Dave Cornelius , Commissioner Laura Holmberg , 200 E . Buffalo Street Robert Cotts , Northview Road Assoc . Ron Simpson , 112 Pine View Terrace Bruce Brittain , 135 Warren Road James Ainslie , 245 Hayts Road Charles Trautnann , 304 Forest Home Drive Eugene Ball , 1317 Trumansburg Road Dooley Kiefer , 629 Highland Road Celia Bowers , 1406 Trumansburg Road Representatives of the Media : Jay Cox , Ithaca Journal David Debo , WrKO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF :TOWN OFFICIALS Highway Superintendent ' s Report Highway Superintendent John Ozolins stated that as far as activities for the month , we had one vehicle that we started last month and completed the service this month , plus we also started the servicing of Truck # 7 changing it over from a dump truck to a cinder spreader . We continue on with cutting ditches and shoulders and snow removal , we were out once or twice in November and have Town Board Minutes 2 December 11 , 1989 been hauling in salt as well as mixing salt and sand . The paper work for the sign inventory has been submitted back to the State and they are reviewing it . The most time consuming as well as costly activity during the month was the brush and weed removal . In total , the cost was over $ 26 , 000 . One of the things we have to get away from is the plastic bags because we had a dumpster and it was half full of plastic bags . There is a place where you can get biodegradable paper bags , there are not your standard grocery bags . It will facilitate picking up the leaves and we can send bag and all through the leaf machine . It took three people over a day to empty the bags . We had some problem with the boxes but he felt they had that part solved . The Parks have been preparing for winter but: a large share of their time the last month was also with the brush and leaf pickup . He went on to say that a couple items came up after the agenda went out , one was Truck # 7 ' s engine . During the brush and leaf pick up the engine seized up on us . We drained the oil and found fairly large pieces of iron . An oil sample was sent out , however , more testing needs to be done . He stated that he would like to replace the engine because a new engine would be warrantied at a cost of between $ 7 ,, 700 and $ 7 , 950 and he planned to use this years leftover money in the maintenance . Also , the radios the expected service life of the radios was six years and they are going on close thirteen years and they keep breaking down . There is money for this also left in the maintenance budget . TWO-WAY RADIOS RESOLUTION NO , 312 Motion by Councilwaman Raffensperger ; seconded by Councilwanan Leary , WHEREAS , the radios in the Town trucks are over 12 years old and originally had a service life of 6 year , and WHEREAS , in the average , two or three radios are down with another two or three working marginally , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize $4 , 000 to be spent to replace nine ( 9 ) radios . The money to be taken from 5130 . 4600 Vehicle Maintenance and placed: in 5130 . 300 Equipment to cover the cost of the radio purchases and installation . (Raffenspe:rger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . REPLACEENr OF TRUCK # 71S ENGINE Town Attorney Barney asked if the replacement of the engine would be done by the Town forces ? Highway Superintendent Ozolins replied , no . This will be done at Crispell ' s . Town Attorney Barney asked if the price could be brought down to under $ 7 , 500 as he was a little bit concerned about having to go to bid . Highway Superintendent Ozolins replied , the $ 7 , 700 to $ 7 , 900 included engine plus all the labor . We could buy the engine and then look at either having Art Westmiller do it or Crispell ' s . Town Board Minutes 3 December 11 , 1989 Town Attorney Barney asked if the engine and labor could be two separate prices ? Highway Superintendent Ozolins replied that all he had was the total package . This is worse casing it . RESOLUTION NO . 313 Motion by Councilman Whitcomb , seconded by Councilman Klein , WHEREAS , '.Truck 7 ' s engine seized up while on the brush and leaf pickup , and WHEREAS , during the oil change , after the engine seizure , large pieces of iron where found on the drain plug . It is suspected that the piston rings may be damaged and possibly damaging the rest of the engine , and WHEREAS , an oil sample was taken but the results have not been received , and WHEREAS , an overhaul could result in a large amount of down time and lead to many other items being replaced besides the piston and the rings , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the replacement of Truck 7 ' s engine upon the outcome of the results of the oil analyses . The engine and labor to replace it , neither of which will exceed $ 7 , 500 is subject to review by the Town Attorney to determine this is not in violation of the law . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Town Engineer ' s Report Assistant Town Engineer Erik Whitney reported that the finished mapping has been received for the Inlet Valley water and sewer project on CAD disks and they were in the process of chopping it up into maps for the project . It will take about 50 working days to get the data on the maps . The Trumansburg Road sewer extension for the fire station , we are waiting on the City of Ithaca and the signing of the contract documents . Acquisition is complete except one easement and he had talked with the owners today and did not anticipate any problems . The video inspection of the Northeast sewers has been rescheduled to start December 18th . The new Town highway map for the CHIP ' s money which the Highway Superintendent applys for , is completed . Also some minor subdivision reviews . Building I�zspector/ Zoning Officer ' s Report Building ;Inspector/ Zoning Officer Andrew Frost stated that 16 building permits were issued for the month of November , three new single family detached , two for alterations , one for an addition , seven for multiple residences and three miscellaneous . 31 certificates of occupancy were issued . 9 new complaints and 92 field visits . Town Planner ' s Report Town Board Minutes 4 December 11 , 1989 Town Planner Susan Beeners stated that the Planning Board had held a public hearing on the Comprehensive Plan Review Project in November . We had one meeting which was essentially full of development review and then another meeting with one development review and a discussion of the comprehensive planning review project and a brief discussion of the addendum that was received that day by the Planning Board and a brief discussion of a work project . We also reviewed an agricultural land preservation g udelines outline done by a student in City and Regional Planning . She went on to say that they were tying to complete the precensus review before the January 5th deadline . She noted that George Frantz had been putting some time in on MACTRANS , partly to review the Cornell parking lot behind the East Hill Plaza , Councilwoman Raffensperger asked if the Cornell parking lot was on the next Planning Board agenda or had it not been scheduled yet ? Town Planner Beeners replied that it has not been finally scheduled for Planning Board review . The earliest time now for it would be the January 23rd meeting . BUDGET TRANSFERS Councilwoman Raffensperger stated that it was her understanding that with a deficit in the capital funds we really don ' t have any choice as to whether or not we transfer this money from maintenance into the capital projects fund , she stated that her only concern and perhaps it could be cleared up sometime in the future when we do some research is whether or not there will be a device to repay those funds to the maintenance account . But , she went on to say , it was her understanding that the Board did not have any choice as to the transfer at this time but she wished to note that she wanted clarification as to whether or not it can be paid back from the capital projects to the maintenance fund . i Councilman Whitcomb remarked that the key was , can we borrow the necessary amount from the sewer fund and repay it from increased revenues in 1990 . He asked , is that what is going to happen ? Assistant Budget Officer Linda Nobles replied , that only covers the problem of loaning money from sewer to water temporarily . The question that .Councilwoman Raffensperger is asking , she thought , is , can we recoup somehow in terms of borrowing since our debt limit right now has already been used , can we borrow additional monies or can we get an extended debt limit to borrow more money to cover there overages and that she did not know. Town Attorney Barney replied , not without another resolution and the same process one goes through for borrowing . Councilwoman Raffensperger remarked , the question is though . . . . as she understood it , we applied for a certain amount of money in the 1987 Water & Sewer Capital Projects to be excluded as most wager and sewer projects are from our debt limit , but the amount we applied for has been exceeded by the amounts that are noted in the resolution . Therefore , we have no choice but to pay that. money out of maintenance , she stated that her concern was that that will so draw down the maintenance fund as to be a difficulty and her question eras , because it is a capital project can we apply for an addition to the debt exclusion for the 1987 Water & Sewer Capital Projects , can we bond it with an up caning project . In otherwords , its a capital project and can we bond it in someway so as not to remove that money from the maintenance budget ? She did not think the Board had the answer to that tonight but she did not think the Board needed the answer to pass the resolution which she Town Board Minutes 5 December 11 , 1989 understands is necessary . So with the understanding we need additional_ information as far as repayment is concerned , she stated she would move the resolution . RESOLUTION NO , 314 Motion by Councilwoman Raffensperger , seconded by Councilman Klein , WHEREAS , the 1987 Water and Sewer Capital Projects are over budget , and WHEREAS , the Town has borrowed monies for these projects up to their debt limit , and WHEREAS , the associated operating fund is liable for these over-expenditures , and WHEREAS , the Water Fund does not currently have sufficient cash to cover its portion of the overage , but can borrow the necessary amount frcxn the Sewer Fund and repay it from increased revenues in 1990 , THEREFORE BE IT RESOLVED by the Town Board of the Town of Ithaca that budget transfers be approved by the Town Board and processed as follows : In Sewer : debit G9901 . 900 Interfund Transfer for $ 104 , 295 . 42 to cover overage in Capital Projects , debit G391 Due fran Other Funds for $ 46 , 439 . 27 to loan water the amount needed to cover their overage v1 Capital Projects , In Water : credit F630 Due to Other Funds for $ 46 , 439 . 27 to record liability of loan from Sewer , debit F9901 . 900 Interfund Transfer to transfer $ 46 , 439 . 27 to Capital Projects to cover the overage . In Capital Projects : credit H5032 Interfund Transfer for $ 150 , 734 . 69 to record interfund transfer fran Water and Sewer Funds to cover overage . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BUDGET AMENDMENTS RESOLUTION NO . 315 Motion by Councilwoman Raffensperger , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following budget amendments : FROM : DB5112 . 450 PERM . IMPR . - gas , oil T0 : DB5112 . 100 PERM . IMPR . - Pers . Serv . $ 31000 . 00 FROM DB112 . 450 PERM . INIPR . - gas , oil TO : DB5130 . 100 MACHINERY - Pers . Serv . $ 4 , 000 . 00 FROM : DB5112 . 453 PERM . IMPR . - Reg . Rd . TO : Town Board Minutes 6 December 11 , 1989 DB5110 . 45 ]_ GEN . RPRS . - Road Rprs . $ 30 , 000 . 00 FROM : DB5112 . 458 PERM . IMPR . - Bns /Sbnk TO DB5112 . 456 PERM . IMPR . - Hosp . Rd . $ 51557 . 19 FROM : DB5112 . 458 PERM . IMPR . - Bns /Stink T0 : DB5ll2 . 45 '7 PERM . IMPR . - Park Ln . $ 6 , 800 . 00 FROM DB5112 . 458 PERM . IMPR . - Bns /Sbnk TO DB5142 . 452 SNOW REM - Salt $ 15 , 000 . 00 FROM DB5142 . 100 Snow - Pers . Serv , TD : DB5110 . 100 GEN RPRS . - Pers . Sery $ 30 , 000 . 00 (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . REAPPOINT14MT TO ZONING BOARD OF APPEALS RESOLUTION NO , 316 Motion by Councilman Whitcomb ; seconded by Councilwoman Raffensperger , WHEREAS , the Zoning Board of Appeals recommends the reappointment of Edward Austen to the Zoning Board of Appeals , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby reappoint Edward Austen as a member of the Zoning Board of Appeals for a five year term commencing January 1 , 1990 and expiring December 31 , 1995 . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . REAPPOINTivffNT OF CHAIRMAN OF ZONING BOARD OF APPEALS RESOLUTION NO . 317 Motion by Councilman Klein , seconded by Councilwoman Raffensperger , WHEREAS , the Zoning Board of Appeals recommends the reappointment of Henry .Aron as Chairman of the Zoning Board of Appeals , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby reappoint Henry Aron as Chairman of the Zoning Board of Appeals for the year 1990 . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . REAPPOINTMENT OF PLANNING BOARD MEMBER RESOLUTION NO . 318 Town Board. Minutes 7 December 11 , 1989 Motion by Councilman Whitcomb ; seconded by Councilman Klein , WHEREAS , the Town of Ithaca Planning Board recommends the reappointment of William Lesser to the Planning Board , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby reappoint William Lesser as a member of the Town of Ithaca Planning Board for a seven year term commencing January 1 , 1990 and Expiring December 31 , 19979 (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . EMC REPRESENTATIVE RESOLUTIO14 N0 , 319 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby reappoint Richard Fischer as the Town representative on the Tompkins County Environmental Management Council for the term of January 1 , 1990 through December 31 , 1992 . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . YOUTH BUREAU REPRESENTATIVE RESOLUTION NO . 320 Motion by Councilman Klein ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby reappoint Pamela Hanna as the Town representative on the Tompkins County Youth Board for the term of January 1 , 1990 through December 31 , 1992 . ( Raffensparger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . EXEMPT STATUS FOR ACCOUNTING PERSON Councilwoman Leary asked what the reason was for the change ? Linda Nobles replied that there have been changing responsibilities within the Department and she has assumed more of a exempt status in terms of a judgement and responsibilities . RESOLUTION NO , 321 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , WHEREAS , the job description for the Payroll/Personnel Administrative Assistant was revised and approved in March 1989 to reflect the expanded duties and responsibilities of the position , and WHEREAS , these duties and responsibilities meet the FLSA tests for classification as "Exempt Administrative " , Town Board Minutes 8 December 11 , 1989 THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approve that the Payroll/Personnel Administrative Assistant position be classified "Exempt Administrative " with a standard work week of 37 1 / 2 hours , and BE IT FURTHER RESOLVED , that the salary range for this position be converted to an annualized rate by standard compensation conversion guideline:" and be set at $ 16 , 640 - $ 24 ,, 960 and the salary of the incombentp Patricia Punger , be likewise converted and approved at $ 22 , 464 for 1990 . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PLANNING '.['ECHNICLAN RESOLUTION NO , 322 Motion by Councilwoman Raffensperger ; seconded by Councilman Whitcomb , WHEREAS , the Town Board of the Town of Ithaca approved in the adopted 1990 Budget monies for the addition to Town staff of a Planning Technician , and WHEREAS , a tentative job description has been proposed for this position , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the proposed job description , the advertising and hiring of a Planning Technician to begin work as soon as possible in 1990 at a salary range of $ 17 , 000 to $ 22 , 000 to be paid from B8020 . 100 Planning - Personal Services , as previously budgeted . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SOUTH HILL TRAIL Town Attorney Barney remarked that there were some aspects of this that the Board should discuss in Executive Session , mainly land acquisition and costs . Town Planner Beeners stated that there had been a minor design modification relating to the surface which George Frantz would discuss . Assistant Planner Frantz stated that at the last meeting he passed out a memo to the Town Board members . What we are proposing to do is subsitute the 6 ' wide cinder trail surface with a surface to be composed of bank run gravel , 8 ' wide , rolled and compacted and then seeded to grass . In our original communications by phone with DEC , they saw no problems with the use of cinders as a trail surface material . Now they say that cinders are classified as solid waste and any uses of them for other than spreading on roads as a traction agent would need approval from DEC . We sent then a letter explaining to them what we wanted to do , we sent the results of tests which Cornell had run on their cinders and the response that we got was that we had to prove to their satisfaction that the use of cinders would not harm the environment , without giving us any sort of guidelines as to how to go about doing that . Thus , we were looking at what we thought would be quite an expense . So , we came up with this proposal and he felt they had ironed out all the Town Board. Minutes 9 December 11 , 1989 details as to how the surface would look , how it could be put down and what material to use . Also , it be accessible to handicapped persons . We think it will prove to be a good surface for the trail . William H.ilker asked , on the South Hill trail acquisition , that will be in executive session? Town Attorney Barney replied , it ' s up to the Board but he would assume because of the nature of the questions that would come up , it would be discussed in executive session . Councilwoman Raffensperger asked if there needed to be a resolution to approve= the design change because the Town Board had reserved the right to design approval . Town Attorney Barney replied , that is correct . Councilman Whitcomb asked how this would effect the cost of the trail , changing from cinders to bank run ? Assistant Planner Frantz replied , it doesn ' t effect the cost . We were able to offset the slight cost increase of changing the material by cutting a few items elsewhere in the budget . Councilman Whitcomb remarked , you are anticipating this surface over the entire length of the trail ? Assistant Planner Frantz replied , no . He went on to say that he should have explained that the bank run seeded to grass would be on those sections running from Hudson Street in the City to the base of where the trail will climb up to the upper section . And then from the Coddington Road entrance east to the Northview Road barricade . Councilwoman Leary asked , what is bank run ? Highway Superintendent Ozolins replied , there are different types of grave]_ . Bank run , there are two types of which one is just crushed bank run where you just take it out of the ground , a bucket of dirt with the stone in it and then you put it through a crusher so that you separate the stones by size and then you crush the stone to get a particular size . Regular bank run , you just take it , dump it on a screen and let it fall through . The size of the stone depends on the size of the screen . Mr . Frantz added , we are looking at using just plain bank run and there will be some stone as large as 4 to 6 inches . Those we expect we can rack off once the bank run is laid down . Once the bank run is laid down it is going to be compacted with roller and the larger stuff is going to be push down into the surface , so it will still provide a smooth surface . The grass will have to be mowed on a weekly basis to keep it an inch to two inches in height . The second maintenance aspect which is very important is annually in the spring time to reroll it with the roller to push down any stones that may have cone up because of the frost . He felt this surface was going to be superior to cinders as far as handicapped accessibility . Councilman Whitcomb asked how thick the surface would be ? Mr . Frantz replied that in the drawing he had 3 " but he felt they were actually putting down 6 " and once it was compacted it will be about 3 " . Town Board Minutes 10 December 11 , 1989 Councilman Whitcomb remarked that he wondered about two potential problems with bank run gravel , it doesn ' t normally have a lot of organic material in it which is required to make anything grow . He asked if they felt there was any problem with growing grass on sand and gravel ? Highway Superintendent replied that after a while vegetation will grow. Mr . Frantz added , we plan to seed it and fertilize it . The grass roots will bind the bank run together and it will not be used on any grades . We do expect , with use , there is going to be a narrow , may be 2 ' wide , actual path where there is going to be very little grass . He went on to say that they had received a letter from one resident who felt an effort had not been made to investigate the specifics of the DEC response to the proposed cinders . He stated that he had telephone them and asked what they needed , they needed evidence -that the cinders would not harm the environment but there were no :specific guidelines given , like run this test , run this test , it was simply that we must prove to them that the cinders would not harm the environment . He felt the Town could end up spending thousands of dollars . She also feels that the idea of the grass is not compatible with the area . Councilwoman Raffensperger asked , if we were to approve this design change would it be possible for you to do a quick kind of survey of what DEC has permitted on all these other linear parks and see whether or not they have proven that cinders were not detrimental to the environment ? Mr . Frantz replied that they could contact other places that have used cinders on trails and find out when they did it . Councilman Klein asked , how long is the stretch you are talking about , that you want to use the bank run on ? Mr . Frantz replied , the lower road bed is approximately 4 , 000 feet and the upper portion from Coddington Road to Northview is between 7 , 000 and 8 , 000 feet . Councilwoman Raffensperger remarked , they will let us keep the cinders that are already there ? Mr . Frant.Z1 replied that he hoped so . RESOLUTION NO , 323 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the design change for the surface , as described by Assistant Planner Geiorge Frantz , (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TRUCK # 3 BIDS RESOLUTION NO , 324 Motion by Councilman Bartholf , seconded by Councilman Klein , WHEREAS , the six bids for the replacement for Truck # 3 were opened on December 5 , 1989 , and Town Board. Minutes 11 December 11 , 1989 WHEREAS , Beam Mack net all specifications and was low bidder for the cab and chassis , and WHEREAS , Roberts Equipment met or exceeded all specifications and was low bidder for the equipment to out fit the truck , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the bid from Beam Mack for $58 , 990 for a 1990 RB600 Mack Truck and accept the bid from Roberts Equipment for $ 19 , 891 to out fit the new truck , both bids to be accepted effective January 1990 . No purchase orders will be sent to vendors until the beginning of 1990 . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . CLEANING SERVICE RESOLUTION NO . 325 Motion by Councilwcman Raffensperger ; seconded by Councilman Whitcomb , WHEREAS , the custodian has been ill and unable to perform his cleaning duties at Town Hall , and WHEREAS , the Town Hall needs regular cleanings for the health and safety of employees and Town residents , NOW THERF,17ORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the hiring of ABC Cleaning Company through December 31 , 1989 for the purpose of cleaning Town Hall two half days per week at $ 15 . 00 per hour . The hourly rate includes all supplies and equipment necessary to perform the functions . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TEMPORARY CERTIFICATE OF OCCUPANCY FOR MAPLEWOOD PARK APARTMENTS Andrew Frost remarked that as the Board knew, we had two problems relative to plumbing approvals at the Cornell Maplewood Park Apartments project . It was requested by Cornell in a letter that he wrote to the , to Harry Mac Pherson who is here tonight as Director of the Construction Management to address the two issues . The two issues are as follows : ( 1 ) Type M copper was installed in the potable water lines fron -the point of entry at the ground surface to the connection under each housing module unit of the codex . New York State Fire Prevention and Building Code , Section 904 . 60 requires that Type L copper be used . Basically Type L copper is a thicker type copper and will last longer and is more durable than Type M copper . He stated that he would not consider that in any way to be a health safety issue at the time being . Cornell is proposing to upgrade that piping and and he would go back to this later . The second problem that was noted through Bolton Point , the Town plumbing inspectors for public water and sewer supplies , was that we had approximately 24 out of 30 buildings ,, each building containing anywhere from four to perhaps eight dwelling units failed the air pressure test on their drain waste and vent system on basically your waste lines . What the test involves is basically plugging up the lines , pumping air into it with a pressure gauge , if the gauge holds at whatever pressure they are up to it is fine , if the gauge drops then you are leaking air . 24 out of 30 buildings leaked air . He stated that what he Town Board Minutes 1 12 December 11 , 1989 requested from Cornell and what he has received was that they submitted a report from a New York State licensed professional engineer who is here tonight as well and indicated the scope of the plumbing deficiencies and specifically addressing any :health and safety ha.,ards that might be involved with the continued occupancy of the dwelling units . He stated that he also asked for and had received a specific timetable for repairs of the plumbing deficiencies including an anticipated date for obtaining approval from Bolton Point . Mr . Frost went on to say that a couple of things have happened , the letter that has been received was submitted by Charles Wilson Engineering who he believed was an engineer specializing in plumbing and other mechanical systems and is here tonight and he stated that he might call upon him to stand upon what he presumed to be the problem and the remedial actions , if the Board wants to hear them . Charles Wilson stated that there were two problems at the Maplewood complex , one was the presence of , as Andy has just discussed with you , the use of Type M copper tubing versus the code approved Type L copper tubing . There is no question about it it is wrong , it is the wrong stuff . The University has indicated that they are going to change all of that and put the correct material back in again . The difference between the Type M and the Type L is the thickness of the tubing . The heavier tubing gives you better corrosion resistence , so down the road the building has a better life time with the heavier tubing and of course we have an interest in doing that because we want to make sure that our buildings have a reasonable life time so that they don ' t disintegrate quite so quickly , in short term it doesn ' t create a problem . The other problem is more difficult . The Town has used an air pressure test on the plumbing and these units are being subjected to a test that is a little different than what we normally do . My family has a plumbing contracting company and has for the last 30 years and the traditional test that plumbers have always used have been roughing based test where you fill a system full of water and you see if it will hold pressure . But these units were manufactured off site , they are manufactured housing and they put together a bunch of these modulars or boxes as they come in , manufactured in Ohio and they bring them here and they assemble them on site . Because they get here with the fixtures already plugged in that type of test just really can ' t be done because the fixtures themselves won ' t stand that pressure , so in order to do a test the New York State Code recognizes an air pressure test which is a test at a lower pressure but it also tests more extensively than the traditional test . It tests not only the roughing but all the connections between the. roughing and the fixture . The roughing is what is in the wall and what you can ' t see underneath the house . These is trim that is attached between the roughing and the fixtures so that test tests the whole works , the fixtures , trim and the roughing . So far so good , so you understand why we are using a different test than we normally do , and the test results were not good ., Most of these units failed . The question was okay , now they failed what do we do , what is the problem? Mr . Wilson continued , now as your engineer ha. stated that he could go just so far with this and he stated that he would explain the limits of what your engineer can do . The plumbing industry support only so much technology and he stated he would tell the Board which part it does support , it tells you what you should do , it tells you that if you do have an air leak the risk is that there are gases in the sewer than can escape in the house . The gases in the sewer are methane and. hydrogen sulfide . For that reason , for years this test has been required and that ' s what we are tying to protect against . Town Board Minutes 13 December 11 , 1989 Mr . Wilson continued , at this point the whole thing is assembled , where the leaks are exactly we don ' t know . So we proposed two things that might help . One part of it is to do scene testing to see if these gases were present . Now that isn ' t done under the direction of your engineer because environmental testing isn ' t supported by the plumbing industry , they don ' t tell you if you don ' t have a tight system what you do about it . They don ' t tell you that , they say make it tight , if it ' s not tight then what , they don ' t tell you . Sane common sense could be applied here . The sense says okay if you have got the risk you should see if you can ' t do some testing and Environmental Health from Cornell , actually instead of just testing the housing units they actually went into the sewer , the source of this gas to see what would happen . They test something like 40 laterals and . . . . . . . . . . Mr . MacPherson remarked , 45 laterals . Mr . Wilson continued , 45 laterals and they came up with virtually undetectable , below the range of the meter , of the two gases they were looking for which were methane and hydrogen sulfide . That ' s not totally unexpected because of the large number of vents that are in that facility . That ' s probably on the positive side , it would tend to show you that at least during the time they are metered in that particular sewer it looked like the risk . . . . it would indicate the risk was low . He went on to say , what else could you do , you could . . . . well the Town does not require house traps and so these units were put in without house traps but house traps are an advantage because if you put a house trap in the line and there is gas in the sewer it acts like a check valve for gas , would be one way to say it . In other words , it makes it difficult for the gas to get back up into the house . There is still the possibility that if you have sane sewage in the line as you are getting from the toilet back down to the house trap but that sewage is only in the line for a short period , so as a practical matter it is certainly something that would tend to "migitate " that risk . So we said tw :) things , one , do testing , Charlie Wilson isn ' t doing the testing but Environmental Health is , they have experience with similar types of situations where there are , . . . you know what do you do when you are in a situation that have the potential , you think there might be something toxic or obnoxious you could test for it and they are doing it . The other side was from an engineering standpoint , what could we do to "migitate " the risk until we can get all of it tight , why don ' t you try house traps ? In the meantime , the University has actually started testing some of these and one of the things that he was concerned with was that we have a lot of leaks , because we don ' t know , the tests came back negative . So what ' s wrong , we don ' t know what ' s wrong . So over last Thursday and Friday he stated that he suggested that why don ' t we take a couple of these units and see what is going on . So we have taken so far , scanething like two of the units out of 170 so that ' s a small data base so you know you can ' t extrapolate too far but out of the two that we have taken a good look at , it turns out that the reasons they were not passing were pretty trivial they were . . . . at the factory where these things were built , these units are manufactured off site and are inspected off site , not by New York State inspm.ctors but by an inspection agency that New York State sort of delegates their authority to them . When they tested them in the factory they did the roughing test but they never It did this trim test that we are now exposing them to , so they never tested all these :Little traps . Well when we walked into these , the traps or underneath your sink you have a little trap with a bunch of nuts in there , well they were all loose so no wonder these things weren ' t passing . So , all we did was tighten up the nuts and they seem to pass good . Based on that it may be that the problems are not real severe over here . But again we are extrapolating from a tiny little data base . So we have two problems , one is what do you Town Board Minutes 14 December 11 , 1989 do right this second and what do you do long term . So we looked at the problems and said what can you do to "migitate " it short term and then long term . Is that an answer? Building Inspector/ Zoning Officer Frost replied that in essence he might try to briefly summarize in part . The bottom line is that he did not think anybody could rule out with 100 % assurance that even under normal conditions , say that the buildings tested out without any leaks ,, tomorrow or next week something is going to spring a leak and we may get some kind of gas coning through your building . So as a bottom line what Wilson Engineering is recommending , the installation of house traps with fresh air vents will mitigate the highest and most probable cause for any kind of risk that will involve s(�wer gas . With the presence of the house trap and the fresh air vents any gases that might be in the waste lines within the building is going to consist ultimately of perhaps of what was Just flushed down th sink or down the toilet , it will be very minimal . In a lengthy conversation with Ted Wixom from Bolton Point , he endorses their plan for house traps and fresh air vents and feels and said to quote him if he ( Frost ) felt it was necessary but he basically feels that it would be very unlikely that in the presence of house traps with fresh air vents that there would be any degree: whatsoever of sewer gas coming into the building . Mr . Frost staged that he felt the Board has to be aware that that doesn ' t say 1000 . He thought the risks were minimal in the presence of house traps and fresh air vents but he did not think anyone was willing or would he be willing to say that that ' s 100 % assurance that gas wouldn ' t leak in . He went on to say that Cornell and he guessed he had forgotten that he had gotten copies of the letter to the Board , that Cornell is proposing that by January 26 and to quote from their letter , they will start installation upon Southern Cayuga Lake Intermunicipal Water Commission approval of individual house traps and complete by January 26th . What they don ' t note in there is the fresh air intake which is basically a sewer riser pipe that comes up above the ground with a little cap on top of it that will permit air to cone through . He thought this was part of the proper venting and he assumed. that although it was omitted on the letter , that the fresh air :intake is to be included . Mr . Mac Pherson remarked that they assumed this was part of the system . Mr . Frost continued , so they are proposing to have that by January 26th . He stated that he was comfortable . . . . the sooner they get the house traps in and it ultimately is the Boards decision in terms of the certificate of occupancy , the sooner the better in his mind but he would be comfortable that this would greatly minimize any risks due to the leaks that were experienced under the air pressure tests . Being a part of again a professional committee on factory housing , one of the more common problems , he wouldn ' t say it was frequent , but common to the extent of comparison of other problems , but plumbing has been a problem and it doesn ' t surprise him and he actually got a call Sunday night from one of the Cornell people indicating that they found some strange plastic nut underneath one of the sink traps and they think that might be the cause of the leak , perhaps in all the units . Something as simple as that would not surprise him that that is the majority of the problems through most of these buildings . He stated that he was comfortable with their proposal for house traps with fresh air vents by January 26th , he stated that he was further comfortable with their proposal of beginning to change the Type M copper to Type L copper he believed commencing on February 2nd and correcting all the repairs and ultimately obtaining final approvals on the plumbing by August 15 , 1990 . Town Board Minutes 15 December 11 , 1989 Mr . Frost continued , lastly but not least he was just given a notice that Cornell has done on December 7th and given to the residents of Maplewood Park basically informing them . . . . he asked the Board if they wanted him to read the letter . He then read the following letter addressed to Residents of Maplewood Park , 201 Maple Avenue , Ithaca , New York , 14850 , dated December 7 , 1989 , from William P . Paleen , Director : "As a result of testing of the plumbing system in Maplewood Park by the Town of Ithaca two problems have been identified which require corrective: work . The purpose of this letter is to inform you of these problems and to describe the plans which have been proposed to correct. each . These plans have been communicated to the town of Ithaca and are subject to approval by the Town Board at its meeting on Monday night , December 11 . The first problem is the gauge of copper tubing used to connect each building to the water supply system . This tubing does not comply with State of New York code and will be replaced with tubing which does . The present installation is fully serviceable and the replacement , will cause a very short interruption in water service . This work will occur in the crawl space under each building and will begin in early February . A specific schedule and advance notice will be provided . The second problem involves the waste line and air vent sections of the plumbing system which when tested were found to leak air . This is a somewhat complex problem which we have proposed to address in a sequence of steps through which the exact location of air leaks will be determined and necessary repairs completed . These steps , in sequence , are summarized as follows . 1 . Cornell ' s Department of Environmental Health has tested -the sewer line in each building and verified that no potentially harmful gases are present . This testing has just been concluded and routine follow-up tests will continue . 20 The installation of an additional plumbing trap and fresh air vent where the sewer line leaves each building will begin immediately . This will provide further protection against the possibility of gases backing up into the apartment plumbing system . This work is scheduled to be completed by January 26 , 19900 30 The plumbing systems within each apartment will be tested -to identify exactly where air leaks are occurring . This testing process is scheduled to be completed on or about February 15 , 1990 . If the leak can be easily corrected , - he repair will be made immediately . However , should the problem require more extensive work that repair will be scheduled for a convenient time . All necessary repairs will be completed by August 15 , 1990 . The above plans have been developed under the direction of a licensed engineer who is a plumbing expert . Further , the Chief of Operations of Southern Cayuga Lake Intermunicipal Water Commission has been involved and has endorsed the proposed plan . In addition , the staff of Cornell ' s Department of Environmental Health have been directly involved and are available to respond to any questions you may have . They may be reached at 255-4862 . Questions may also be directed to the Resident Advisors in Maplewood Park and to Charles Jankey or me at 255-5511 . We will provide specific information to each of you when any of the above steps involve work within your apartment or interruption of Town Board. Minutes 16 December 11 , 1989 services is going to occur . Notices will provide sufficient lead time to minimize disruptions to you . Thank you in advance for your cooperation . " Councilwoman Raffensperger remarked that there was no mention in there , in number 3 of the letter the Town Board received , and it says that Cornell plans to "offer occupants access to monitoring inside housing units on an as-requested basis " , that daE�sn ' t seem to be mentioned in the letter he just read or did she miss it? Mr . Frost replied that he did not think it is . He then passed out copies of the letter . Councilman Whitcomb asked , what does that mean? Mr . Frost replied that he thought what they were saying was that if an occupant wants to see the test results of their unit. they are available . Mr . MacPherson replied that what that also means is that if an occupant assumes or thinks they do smell anything the Environmental Health people , who are open 24 hours a day , seven days a week and that is normal anyway , and somebody will come up and put the sniffer inn. , as it is called , in the building , in the closet or where ever they might smell anything and they can weed out what that odor :is . Anything from fish fry to checking plumbing out . Councilman Whitcomb replied , are these gases that we are talking about easily identifiable by odor? Mr . MacPherson replied , in advance of their levels of health hazards . Mr . Wilson replied , wait a minute the hydrogen sulfide gas has a , he stated that he was not speaking for Environmental Health because these are the people who are experts in that , but in talking with them there is something like a factor of 500 difference between the point at which the odor of hydrogen sulfide is noticeable from the point which is the toxic limit value so the number should be verified by someone who is an expert in this but is the basic idea and that ' s a nice feature . It ' s something that self alerts , in other words something what typically happens is that it becomes offensive well before the toxic , before you get to the toxic limit values and for that reason typically one of the things he did was to ask just anecdotally whether anybody had ever had any experience with anybody ever being harmed by this gas . He stated that he talked to Ted Wixom and advanced data from Cornell and also to his own people and he had to be carful how he interpreted the following information , nobody could immediately remember that anybody had ever been harmed . Although , in his own experience he noted that he had been exposed to a building in which there was sewer gas and you could smell it so he . . . . again that ' s anecdotic evidence and it ' s not proof of anything and records haven ' t been kept that he knew of but in a lot of years of exposure to it he had never seen an adverse effect . One that doesn ' t mean you don ' t be careful , it doesn ' t mean you don ' t take these steps but just historically and the character of the gases you tend to , it tends to stink awfully . Councilman Whitcomb asked if the same was true for methane ? Mr . Wilson replied , that ' s not true for methane . Methane is basically the same material that is in natural gas primarily . Methane has no odor that he knew of . Town Board Minutes 17 December 11 , 1989 Mr . Frost added , that they do , he thought , add odor to it . Mr . Wilson replied yes , when you smell gas coming out it ' s not the gas that you are smelling it ' s an odorant that they put in there . Town Attorney Barney asked if the units were occupied by families with small. children? Mr . MacPherson replied some of them are , yes . Town Attorney Barney replied , so in terms of even the odor in a situation where you have a small child or a baby in a crib it is not really self altering . Mr . Wilson replied that he thought you want to take the self alter qualities definitely anecdotally . Number one , sewer gas is not a precision product . You take the sewage , you run it down the pipe whatever comes off canes off . . . . . he stated that he should repeat , you should take the anecdote data with caution sewage gas is not Town Attorney Barney remarked , your letter says , " I cannot help you access or qualify the hazard " , basically your expert opinion is that you can ' t render an opinion , was he right? Mr . Wilson replied yes , the engineering will no do that . That goes really to .Environmental Health . We can tell you what you ought to do but if you don ' t do it , then what ? Town Attorney Barney replied , in reading this through it is the timing that is very great here , you are talking about going through basically a full year after these are occupied , several months , many months after they were pranised test results , test results were promised and that he had to ding Cornell several times to get the tests done and now the tests show problems and we are talking about waiting another eight or nine months until the corrections are made ? Is that really what your proposal is ? Mr . MacPherson replied , that is what our proposal is , yes . Mr . Frost remarked that he thought , as Ted Wixan explained a couple of things , . . . . . years ago he got involved with a little child that drowned in a septic tank , you don ' t often hear about people or kids drowning in septic tanks , things do happen no matter how remote the risks may appear , things do happen and you have to recognize that . In the terms of the degree of risk , Ted Wixan was fairly adamant of the opinion that the presence of the house traps with the fresh air vents will prevent the majority of the sewer gases you would expect to find in a waste line beyond the building from getting back into the building . Town Attorney Barney speaking to Mr . Frost stated that he understood that but his question really was why does it have to take so long , why wait until August 15th to finish it? Mr . Macpherson replied , to get into the buildings . It ' s a matter of expediency of the tests and we will continue to go along the way we started out last Thursday . It ' s isolation tests that are isolating the individual units . It ' s just going to take time , there are just so many hours in a day and we have to have Bolton Point available to verify the tests , to cane back in and read the meters . maven though they have promised us an individual would be available he must be available when we are ready with testing and you can ju:3t put so many people underneath these units everyday . Town Board Minutes 18 December 11 , 1989 Town Attorney Barney replied , but in terms of testing there is nothing preventing you from doing the tests without Bolton Point being there to find out whether you got a unit you think will pass . Mr . MacPherson replied , that ' s what we are doing right now . Town Attorney Barney remarked okay it seemed to him that you are going to do that and you are going to make the corrective work , you don ' t need. Bolton Point there for the corrected work . Mr . MacPherson replied , we do after the corrected work is done . Town Attorney Barney replied , once it ' s done but when your tests indicates that the unit is satisfied , satisfactory , then you can call Bolton Point in and duplicate the test . He stated that he took it that the test was not a major . . . . . . Mr . MacPherson replied , the test is a short test but again to expedite the process it ' s best to complete the repair , make a test and then have Bolton Point there immediately . Not to go back . To do the test you have to take the trap off in the house in each unit and it is best if it is done right at the time so that we don ' t disturb the residences as much as we could if we just keep going back in . Town Attorney Barney asked , you are Mr . MacPherson , are you? Mr . MacPherson replied , "yes I am" . Town Attorney Barney asked , why does it have to go to August 15 , 1990 ? Councilman Klein remarked , how do you arrive at that date ? Mr . MacPherson replied , there may be units that we may not be able to get in . We wanted to give ourselves time up through graduation when after that time there will be more units available between semester breaks and school year operations . We are working with Residence Life and trying to get in the buildings and not cause discomfort to the residences . But it does mean if we have a major repair , if one of these fails and we can ' t just by tightening up some of the fittings which the first two indicated and we passed them immediately , if it turns out that we can ' t solve it easily and we have to start tearing a wall or something we will be disturbing residences . We just want to leave ourselves enough time so that if there are °'X" number of units that we can ' t get a good test on that we at least have the opportunity to do during the down time when we can get into the building and tear it apart . Town Attorney Barney replied , but Mr . MacPherson these are supposed to pass before people move in . you are putting the Town at score risk here . We are being asked to extend a temporary certificate of occupancy and he did not get a sense of urgency here to get this thing resolved , fixed . Mr . Wilson remarked that he should explain one thing . The testing is not as simple as it appears right off the bat . Each of these units has got several apartments in them , the apartments are all interlocked through the drain , waste and vent piping . Now we have had tests on the whole assembly and they failed . Now unfortunately that doesn ' t give you any information about where the problem is . So what we have to do is go in and isolate a small section , test that and then if possible fix it right on the spot . Now one thing we know , we ' ve got very little data . We ' ve just started and we are trying to :project from a data base this big ( shown by hands ) on a project this big ( shown by hands ) and he stated that he has learned Town Board Minutes 19 December 11 , 1989 this , we have got to get some more experience which they were doing right now . But the testing and repairing process with occupied units is taking some tip . We have a crew of three guys , managed to test two units in one day , now he expected as time goes along their experience is going to help then out a lot . But you have to coordinate! this you know , because you are going to shut the plumbing clown in those units that you are in so you have to give them advanced notice and then you have to coordinate with Bolton Point to witness the test on the other side as soon as you get it set up , otherwise you would be tearing the test up and setting it down again. , twice . Town Attorney Barney replied that he was sympathetic to that but you could get more crews and if you have to set it up a couple of times that ' s the price you pay for putting people in those units before yoiut pass the test . He remarked he did not know , it was a Board decision but that he was concerned as the legal advisor to the Board with the exposure that is out there . There is a couple of things in that letter that he had understood that at least the Board was going to talk about , one is , the additional language to item 3 in the letter , but also he thought there was some discussion that there ought to be seine opportunity for people who don ' t want to live there to move to some other kind of quarters and he did not see that in the letter . The other thing he really did not want to see in there was the statement that the Bolton Point person has endorsed the proposed plan , he did not know if that was true or not , he mazy have , he many not have but he also happened to be legal council to Bolton Point and he really did not want to have that spelled out in a letter that was going to these tenants . Mr . Frost stated that he just wanted to clarify as well as . . . . . before we permitted occupancy the plumbing outside of the buildings was tested and tested to be satisfactory . There is a protocol involved in which factory housing once they are approved through the process of New York State and they leave the factory technically an inspector is not required to do the test . We ended up getting some communication that Bolton Point had with the Division of Housing and Commuter Renewal in New York City which is one of the lead agencies in building code that indicated that if one of the state inspectors suspected a problem then there was nothing inappropriate or you wouldn ' t be breaking protocol by doing the test so eventually the testing of interiors did occur . But there was some plumbing tests done prior to occupancy with approval . Councilman Whitcomb asked when the present temporary certificate of occupancy expired? Mr . Frost replied , December 12th . Councilman Whitcomb asked , what happens if we don ' t approve to extend it ? Mr . Frost replied that he would refer that question to the Attorney . Attorney Berney replied , we can go into Executive Session on that but basically it ' s up to the Board to choose to enforce the . . . . it ' s not legal to occupy those buildings without a certificate of occupancy in place and if the certificate expires the occupancy should cease and if it doesn ' t cease voluntarily you can take court action to hold up the cease . He stated that his recommendation to the Board would be to extend the temporary certificate of occupancy but to shorten down considerably from this August 15th date the completion date to something like June 15th and may be to even a little shouter than that and also to extend the certificate for Town Board Minutes 20 December 11 , 1989 only a matter of two or three months and bring it up for review again . Councilman Whitcomb remarked that also if the Board did that then the resolution should also include that the present occupants be offered alternative housing if so requested and that they be kept appraised of all testing that is going on in their unit . Councilwoman Leary added , and also that we be updated , say monthly , as to how the tests are progressing like what percentage of units have been tested so we see that you are not saving it up until June . Councilman Bartholf asked if most of the people in the apartments were going to be here during the holidays ? Mr . MacPherson replied , yes . Councilwoman Leary added , they are foreign students , grad students . Councilman Bartholf remarked , that would be an ideal time . Mr . MacPherson remarked , these are not undergraduates they are graduates who are here full time , that ' s another impact on getting into the buildings . Councilman Whitcomb asked Mr . MacPherson if they had encountered resistance from the occupants to letting them in to do the testing? Mr . MacPherson replied , no . Councilwoman Raffensperger asked if the letter had already been sent to then , the one dated December 7th from Mr . Paleen? Mr . MacPherson replied yes , it was sent last week . Mr . Frost remarked that he would like to make a couple of additional ccnments . By the nature of the manufacturing process they were lucky because the problem of the number of units that are produced in a period of a day or a week , and the fact that there may be one individual putting the trap in the kitchen sink the problem could quite possibly be all related to that one kitchen trap . He went on to say that he would suggest in part what Councilwoman Leary has suggested , perhaps monthly temporary certificates of occupancy if you are going to want a report on a month basis , extend the certificate on a monthly basis . Secondly , it was ncat clear to him and perhaps there should be further discussion in terms of the monitoring . Are you proposing , particularly in his mind , prior to the complete installation of house traps with fresh air vents , are you proposing daily monitoring ,, weekly monitoring ? He stated that his concern would be that until. the house traps are in , what is the frequency of mo nitoring that is going to take place for the units ? Mr . MacPherson replied , whatever you would like us to do . Mr . Frost replied that he did not know what to suggest to the Board . Daily is an ideal situation , perhaps hourly could be an ideal situation , weekly could be a practical situation . Mr . MacPherson remarked that their intent on that was to use the advise of the Environmental Health , they are expert in that issue they have clone the initial tests and will continue the process . We haven ' t gotten the specific frequency . Town Board Minutes 21 December 11 , 1989 Assistant Engineer Erik Whitney remarked that often is not in wastewater treatment plants , he stated that he happened to be an expert in that area as he had worked in that area for a long time , don ' t want to use the word expert , but you can get continuous monitoring in one manhole in the main which would probably offer protection to most of the houses up there with hydrogen sulfide and methane with a portable unit of some type . Mr . Frost replied , so perhaps monitoring the manhole on a on-going basis , would such a monitor provide an alarm signal ? Mr . Whitney replied , it can be wired into a light or sonic alarm . Mr . Frost asked if it would be automatic any time of day? Mr . Whitney replied , likely as not that methane or hydrogen sulfide would not be produced in house laterals but would be produced in the mains as a result of plugged and long term standing sewage degrading there . It usually does not happen in the mains unless you have a plug or a situation of stagnation . Mr . Frost replied , it makes the frequency less frequent once you are in the houses versus outside the house ? Mr . Whitney replied , yes . He stated that he had never heard of it in the house . We get the OSHA reports and the Public Works reports routinely in a handbook of public works people dying in the manholes because of hydrogen sulfide at the plants but almost never in the residences . Mr . Frost remarked , that he would perhaps propose that the Board consider monitoring with an alarm signal in a manhole so -that there will be at least around the clock monitoring and perhaps . weekly or by-weekly monitoring of the building with temporary C 0 ' s to run on a 30 day basis . He stated that it was his feeling that the house trap and fresh air vents are important and the sooner the better and that he personally would be a whole lot more comfortable once those go in and perhaps the Board might want to consider more frequent monitoring of the units until the house vents are put in . He went on to say that there are a number of older buildings some of which you may have sat in , that probably do not have proper venting on plumbing systems . It is not an uncommon thing to find . Counci1wcm3n Raffensperger stated that one of her concerns about this is that when the last so called temporary certificate of occupancy was issued there was a notation in the letter to Cornell , as she recalled , about the notification of residences and she noted the letter going as a notification but she stated that if she was a resident she did not think she would be able to access the potential quality of the problem because what it talks about is the copper tubing which certainly as she understands it has no health or safety elements to it . But it says that the plumbing system when tested was found to leak air and it continues that kind of a narrative and it doesn ' t seem to her that the residences have been given the :information on which they might say , oh , oh , you know , we smell something , we smell sewer gas or whatever and we had better notify the Environmental Health Department at Cornell . She stated her concern was the way in which this is first of all worded , it does not seen to give adequate notice of what we understand from your letter is that it is at least a potential health and safety problem . And , for the Town to give a temporary certificate somehow or other , she was concerned about our liability in inadequate notice to residents . She went on to say that if she read it she did not think she would understand precisely what she now understood to be the case . Town Board Minutes 22 December 11 , 1989 Councilwoman Leary remarked that there needs to be another letter clarifying that and she felt as Councilman Whitcomb had suggested offer alternative housing . Town Attorney Barney added that he thought it should say something like if you smell anything contact us immediately . You are talking about self monitoring but nothing in this letter suggests they ought to do it . Mr . Frost replied that he thought that was important . Under the worst case scenario and again the changes , once the traps are installed it may be a minimal possibility that gas will get into the building but what happens at night when someone is sleeping after a few beers or something , your nose may not be working to good . Town Attorney Barney replied that his concern was that he litigated a case with , it wasn ' t methane it was carbon monoxide , where they carted people out to a hospital because they were comatose from a leaking furnace and he was uncomfortable with any kind of a situation like that , where people are living , that they can possibly have this kind of a thing happen and that is what disturbs him . He stated that he realized that carbon monoxide was a little bit different than this but never the less the principal is the same . Councilwoman Raffensperger stated that she at least had no desire not to renew the temporary certificate because the result of that is that these people would have to be relocated or whatever . But she really was concerned about the quality of the notice of the potential hazard to the residents , since in someway the Town is sharing in this responsibility by issuing a temporary certificate and she did think the Board needed to change the expectation of when all of the repairs to the system would be accomplished and that we should issue the temporary certificate of occupancy on a month to month basis and should require that there be continuous monitoring in the manholes for the protection of the residents . Councilwomann Leary added , and weekly in the units and a report back to us before the temporary certificates are renewed as to progress of the testing of the units for leakage . Councilman Whitcomb remarked that he guessed he would second that motion . Fie then asked Councilwoman Raffensperger if she was putting that in the form of a motion? Mr . Frost remarked , could he just add something , he asked whether the Board or whether Cornell wanted to address the possibility of speeding up the January 26 date for installing the house traps ? Mr . MacPherson replied , there is no way we can do that . It will be very close if we can make that date considering the weather , we will be working outside the building not inside the buildings . Considering what the conditions will be we will be hard pressed to make that (late . We will make every effort to make that date . Councilman Klein asked , how many do you have to install ? Mr . Wilson replied there are 42 laterals but out of that 42 he thought three or four already have house traps , so anyway , something on the order of 40 . Mr . MacPherson replied , between 40 and 50 . Councilman Klein asked , two a day or so? Town Board Minutes 23 December 11 , 1989 Mr . MacPherson replied , well they have been outside . Mr . Wilson remarked , they have to excavate 4 and 6 feet in some cases . It: takes at least a day . Mr . MacPherson remarked that that is why they would be hard pressed to move the date . Mr . Frost remarked , you have documentation on paper that indicates that all of the units have been tested and all have been found to be negative at this point ? Mr . MacPherson replied , all of the ones that have been tested . Mr . Frost replied , that he thought Cornell had indicated that all of the units had been tested for gas . Mr . MacPherson replied , yes . Mr . Frost continued and they all have been negative ? Mr . MacPherson replied , all have been negative . Mr . Frost continued , perhaps we can request that documentation , say by tomorrow prior to renewing the certificate ? Councilwoman Raffensperger replied that she would make that a part of the resolution , that we receive the test results by tomorrow before the temporary certificate of occupancy is issued . Councilman Whitcomb asked , what do you feel is a more realistic date for om pletion than mi&August? Councilwoman Raffensperger replied , well if you are going to do it on a month to month basis we can make it the first of June and see what kind of progress is being made on a temporary basis and evaluate it on a month to month basis . Councilwoman Leary added , and there will be reports each time to advise us of the testing . Councilman Whitcomb remarked , your resolution did not include any mention of another letter being sent out . Councilwoman Raffensperger replied that she thought she had started with that . She asked , how does the Cornell contingent feel about it , she stated that she felt very strongly that the residents have not been properly warned of a potential hazard and their important part in notifying the Environmental Health at Cornell , you know , if you smell something call . Councilman Whitcomb asked , if another letter is sent would you like to review that John ( speaking to the Town Attorney) ? Town Attorney Barney replied that he would be happy to . councilman Whitcomb continued , it also should include the offer of alternative housing should a resident so desire . Councilman Klein remarked that he would also like to add that may be , not a circumstance that would occur , but should a unit become vacant prior to it ' s being signed off it should not be reoccupied . The Board agreed this was a good idea . Town Board Minutes 24 December 11 , 1989 Mr . Whitney remarked that the hydrogen sulfide when it is in legal concentrations you will smell it very briefly then it numbs you very quickly and you won ' t smell its By the time you stop smelling it you are down and out . It ' s not something you can go on scent because by the time it ' s got you it is in legal concentration and by the time you smell it it becomes repulsive and it is usually over . In lower concentrations , yes you can smell it . Councilwoman Raffensperger remarked to the Town Attorney , given all of the elements that we have put into this resolution to authorize a temporary certificate of occupancy how do you access the liability of the Town of Ithaca , given the engineering report and all of the information we have received? Town Attorney Barney replied , if somebody were to die there or become seriously injured , brain damage , or something of that nature he felt the principal exposure would rest with Cornell , it ' s their property , it ' s their building and they are letting people stay in there under these circumstances , but there is always a risk there . Fortunately in this circumstance you have a "deep pockets " owner and that ' s obviously the first line of attack from anyone who is interested but the Town could get caught and that was why he was concerned about getting the things done and up to snuff so that we can sign off on it . Councilwoman Raffensperger remarked , so we have a resolution which she had moved , she did not know if we had a second . Mr . Frost asked if he could just ask one more question? He went on to say that if he understood it correctly and directed Mr . Wilson to correct: him, even though , for example , the joints within the building vent itself may leak air the tendency would be for air to be sucked in from the building into the vent and not actually blow gas out? Mr . Wilson replied , you have to be careful in answering that question . Generally that is correct , generally it should be under a negative pressure during the stack test but if you ask technically what can happen in all possible modes of operation , there are brief pulses where you get positive pressure . If you are between the toilet and something else and you have a discharge you can get a .brief positive pressure burst but in general because the air within the stack is being warmed it has a lower density the tendency is to get air being sucked in . Mr . Frost asked , are you aware than that there are and it is feasible to put monitoring devices in the manholes with an alarm feature ? Mr . Wilson replied that he should say that that is not his area of expertise , the monitoring . But it certainly makes a lot of common sense . Mr . MacPherson asked if the equipment was available for them to borrow? Mr . Whitney suggested Mr . MacPherson contact Gary Gleason at the Ithaca Area Wastewater Treatment Plant . They have a portable model down there and he knew they would probably be able to put them in touch with the outfit that does provide them . Mr . Frost stated that he was personally uncomfortable in the absence of the house vents and the fresh air vent , he stated that he would be a lot more comfortable if that stuff was in and he certainly would be a lot more comfortable if they were immediately able to put: in the monitoring device . Town Board Minutes 25 December 11 , 1989 Councilwoman Leary replied , until they get the manhole monitoring device we should require monitoring of the units because you can do that , right? Mr . MacPherson replied if we could discontinue doing that it certainly would give the presence right at each building rather than going downstream, as he did not know where the first manhole was . Councilman Whitcomb asked , how frequent are you doing that right now? Mr . MacPherson replied , we just concluded the first testing last Thursday . Councilman. Whitcomb replied , and it took how long to do all the units ? Mr . MacPherson replied , about a week . Mr . Wilson remarked , presumably you could test using the testing equipment that we have if we get access to the manhole you could test the manhole with the equipment that is there , he believed . You go there and test it and that ' s it . Mr . Frost asked , can that be done hourly? Is there staff enough? Mr . MacPherson replied no , we don ' t have enough staff we would have to hire . . . . . . . Mr . Frost replied that he meant Environmental Health , do they have enough staff? Mr . MacPherson replied no , they would have to hire staff . Councilwoman Leary remarked , so are we talking about weekly testing of the units until . . . . . . . Mr . MacPherson replied we will just continue testing until . . . . . . . Councilwoman Leary remarked , of the manholes ? Mr . MacPherson replied of each house not the manholes . Each unit , just let it be continuous . Mr . Frost remarked that he guessed what he was saying was that the possibility to get a device to set into the manhole with an alarm device , the possibility is there that such a piece of equipment exists . He stated that what his concern was was that if it takes us a week -to get there what do we do in the course of a week? Town Attorney Barney remarked , in the meantime you are monitoring , he assumed they were monitoring . Both Councilman Klein and Councilwoman Leary noted it takes them a week to get the device in manhole . . . . . . . Councilman Whitcomb noted , in the meantime they are using the equipment several times a day . Mr . Frost replied , versus something that is in there and testing around the clock . Every factor you get closer to a more ideal situation is cutting your risks down . And right now we are at perhaps the greatest risk situation , how do we mitigate in the direction of less risk ? Around the clock monitoring unit , if it is available , may take a week to get it in there . Town Board Minutes 26 December 11 , 1989 Mr . Whitney replied that this was certainly easier and more practical then moving the unit to the five or six manholes that were there , during the daily rounds and that is where the hydrogen sulfide would be present since hydrogen air and methane is being generated and you would naturally pick it up in the mains rather than the houses before it got there . Mr . MacPherson remarked that he suspected that the logistics of installing an alarm system sniffer in every main would take longer than it would to have us continually test every single unit , which we are doing now . An electric hookup with an alarm on it and by the time we try to get it into a manhole would take longer than just a continuous monitor as we are doing now. Councilwoman Leary remarked , a continuous monitor only hits one unit a week . Mr . MacPherson stated that he would suggest with cooperation from all of the residents they could probably do a complete cycle every two days , two to two and a half days . We could probably cut it down . Councilwoman Raffensperger remarked that she thought then that in the resolution that we are acknowledging that Cornell has said that they will do the continuous monitoring of the individual residents in the meantime she was sure , in their own interest , they might like to look into the manhole alarm system as a possible more efficient alternative . At least as a minimum of what we require as a continuous monitoring of the individual living units . Mr . Frost asked if it would be appropriate , within the resolution , that the Board recognizes that there is not a lot of published data to indicate frequent hazard , accidents or injuries or death , whatever the case may be , due to this kind of problem . Town Attorney Barney replied that that was already in there . Councilwoman Leary remarked to Councilwoman Raffensperger_ that she had heard that with the letter to go out , also including an offer of alternative housing and also what Councilman Klein suggested that if a unit becomes vacant it will not be reoccupied until a permanent certificate of occupancy is granted . Town Attorney Barney replied , that is part of the resolution . Mr . Frost remarked , that they submit the data on the negative test results for all the units prior to their getting their new CO tomorrow? Councilwoman Leary remarked to Town Attorney Barney , and you will see the letter before it goes out? Councilwcm n Raffensperger remarked , so we have this wonderfully accumulative resolution , which she moved . . . . . . . . Councilwoman Leary replied that she seconded it . Mr . MacPherson remarked , the only thing you want from us by tomorrow is the record of environmental testing , is that right? Town Attorney Barney added , and a draft letter . Mr . Frost asked if it was possible to review , can we re-review just once again the order of things ? Town Board Minutes 27 December 11 , 1989 Town Attorney Barney replied , we have it . We have public hearings that we are behind on . RESOLUTION N0 . 326 Motion by Councilwoman Raffensperger , seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca does not object to the Zoning Enforcement Officer continuing to issue temporary certificates of occupancy for portions of Maplewood Park on a month to month basis subject to the following conditions and understandings . 1 . As soon as possible units with alarms be installed in manholes in the facility to continuously monitor the levels of methane gas and hydrogen sulfide gas . The presence of any such gas is to be immediately reported to the Town Zoning Enforcement Officer together with a statement as to what corrective measures are being taken . 2 . Individual units are to be tested at least weekly for the presence of such gases and if any are found are to be likewise reported to the Town . 3 . The results of the monitoring are in any event to be reported to the Town Board at least monthly and prior to the reissuance of any temporary certificates of occupancy . 49 By January 26 , 1990 individual house traps and fresh air vents are to be installed on all units . 59 Isolation and stack tests are to commence immediately and be completed on all units by February 15 , 19904, 6 . The Town Board shall receive the test results for all the units which have been tested for gas , by December 12 , 1989 before the temporary certificate of occupancy is issued . 7 . All repairs needed to correct the sewer leaks are to be completed by June 1 , 1990 . 8 . Another letter , to be reviewed by the Town Attorney before mailing , will be sent to the residents of Maplewood Park properly warning them of the potential hazard and their important part in notifying the Environmental Health at Cornell if they suspect or smell an odor , and offering alternative housing to the current residents . 90 Should a unit become vacant prior to its being repaired the unit will not be reoccupied until all necessary repairs have been made and a permanent certificate of occupancy has been granted . 100 The Town Board shall receive monthly reports , prior to the reissuance of any certificate , as to the results of the test monitoring , the status of the house trap installations , the status of the leak repairs , and the status of the repairs to correct leaks disclosed by the testings . If the Town Board or Zoning Enforcement Officer is not satisfied with respect to any of such reports the certificate may not be renewed . Town Board Minutes 28 December 11 , 1989 116 If the Zoning Enforcement Officer becomes aware of any fact or item of information indicating in his opinion that a life safety hazard exists , he is authorized to revoke any issued certificate without waiting for formal Town Board action . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PUBLIC FLARING TO CONSIDER APPROVAL OF FIRE CONTRACT WITH THE CITY OF ITHACA Proof of posting and publication of a notice of a public; hearing to consider approval of Fire Contract with the City of Ithaca having been presented by the Town Clerk , the Deputy Supervisor opened the public hearing . Deputy Supervisor Bartholf asked the Fire Chief , Edward Olmstead if the City had cane up with any proposal yet? Chief Olmstead replied that in the 1990 budget there is a restricted contingency amount to cover the cost of adding four fire fighters to the roster in 1990 . We asked for 16 , the Joint City/Town Board of Fire Commissioners recommended 12 , six this year and six next year . Councilwoman Raffensperger asked , restricted upon contingency , what does this mean? Chief Olmstead replied contingent upon the Town of Ithaca agreeing to modify the contract to add the four positions . It would be 1992 before the Town paid for these positions . Dooley Kiefer stated that she supported the Fire Chief ' s desire and need to have additional personnel and she hoped the Town Board would see that also . As no one else present wished to speak , the Deputy Supervisor closed the public hearing due to the fact that the Town did not have a copy of the contract or a copy of the resolution passed by the City to modify the contract . RESOLUTION NO , 327 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn the public hearing on the Fire Contract with the City of Ithaca until December 29 , 1989 at 10 : 30 A . M . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PRESENTATION OF "TOWN OF ITHACA COMPREHENSIVE PLANNING PROGRAM ANALYSIS & RECOMMENDATIONS REPORT" , "EXECUTIVE SUMMARY REPORT " & PROJECT ADDENDUM BY STUART I . BROWN ASSOCIATES Stuart Brown stated that his firm was hired to work with the Town and to prepare an evaluation of the Town ' s existing comprehensive planning program and to provide an assessment of future opportunities and directions for improving the effectiveness of the program . The project that they were retained to work with began in February . For a couple of months they spent time meeting with Town Town Board Minutes 29 December 11 , 1989 staff , City and County agencies and the two major educational institutions in the Town . They prepared a preliminary draft report for review by the Comprehensive Planning Subcommittee that had been appointed by the Town and directed to work with his firm . He went on to say that the preliminary report was presented in August and that they had met several times with the Committee . The report was accepted on the 10th of October and given to the Town Planning Board for review and consideration . Upon receiving the document in October -the Planning Board scheduled a public hearing which was held on the 14th of November at which time they received public comment on the report . Following the hearing they prepared an addendum to the report . We have actually prepared three reports for the Town ' s consideration . We are here tonight to officially present these three reports to the Town Planning Board . He then asked Ronald Brand , the project manager to give a brief overview of what they had found including some of the highlights for future actions . Ronald Brand stated that he would address himself to the addendum report and what they found as the result of public comments , as follows : 1 ) A statement was made requesting that the Town create a specific policy to include design features to insure accessibility for handicapped persons as part of any site plan . We strongly support this request , especially as it would apply to the design of public buildings . 2 ) A request was made to clarify our recommendation (Executive Summary Report , page 8 ) to establish an Architectural Review Board and define the activities of such a board . The statement on page 8 should be modified to read as follows : The Town Board , Town Planning Board and Town Planning staff should evaluate the need for an Architectural Review Board . It is further recommended , that should the Town decide to conduct a survey of Town residents , a specific question should be asked which would elicit public opinion on the need or desirability of establishing an Architectural Review Board , 3 ) A question was asked as to what would be a reasonable period of time for the Town to prepare a Comprehensive (Master ) Plan . Our experience in other communities indicates that once a decision is made to prepare a plan document and a scope of work is created , a preliminary draft report could be produced within six months to a year . It should be noted , however , that the length of time required to produce a plan document is directly related to the level of resources to be committed to the project and the scope of work . As an example , if the Town decides to undertake a Community Resident ' s Questionnaire and Survey Analysis , the timeline could be extended by as much as four months . Following the completion of a draft report , the Town should provide a thirty to sixty day public review period . At the end of the review period the Planning Board would normally schedule a public information meeting to receive comments . Following this meeting , a one to two month period should be provided for the preparation of the final_ draft of the Comprehensive Plan and the environmental assessment on the document . This material would then be presented to the Zbwn Planning Board for : ( a ) the public record to be considered ; (b) the environmental determination of significance to be made by the Planning Board and filed ; and ( c ) the Town Planning Board ' s formal adoption of the Comprehensive (Master) Plan document , Following adoption , the plan would be formally transmitted to the Town Board along with specific recommendations . The Town Board ' s involvement would include : ( a ) acknowledgement of the document as the community ' s official plan , and (b) a decision Town Board Minutes 30 December 11 , 1989 to commit resources to implement certain regulations or projects identified in the plan . 4 ) A recommendation that the Town create more flexible residential zoning regulations was made . The resident offering the comment felt that the Town should make provisions to allow multi- family units to be integrated within a single family development where the owner of the multi-family unit would reside on-site . It was also suggested that the present MR Multiple Residence District regulations were oriented to special interests of large developers most of whom do not reside in the community . The Planning Board should give consideration to this issue and to the establishment of multi-family residential policies as part of the Comprehensive (Master) Plan document . A multiple residence district need not involve exclusive apartment or multi-family dwelling units , but rather could provide for a mix of these units with owner housing . 5 ) A concern was raised by a representative of the West Hill Neighborhood Association relative to a comment in the Analysis and Recommendation Report ( see page 19 ) , regarding a commercial growth node on West Hill . Our response to this concern is as follows : The Draft Comprehensive Planning Statement prepared by the Town states that a commercial growth node opposite the County ' s Biggs Center will likely occur within the next decade ( see page 25 ) . The Draft Statement further identified that the Greater Ithaca Area Regional Plan recommended that such a facility should be located at the intersection of Bundy Road and Route 96 , The Draft Statement also includes the specific recommendation that " it may be more appropriate to consider such commercial zoning within 1 , 000 feet of the intersection of Trimiansburg Road and the Biggs Center/Tompkins Community Hospital (Dates Drive ) entrance , where a traffic light was recently installed , which is the general location of the Route 96 Interchange " . Our report merely acknowledges both the Town ' s Statement of Planning Philosophy ( item V , page 6 ) and this specific Planning Guideline for the West Hill Area . It neither endorses nor supports the concept of a commercial growth node on West Hill or the appropriateness of the specific site identified . We merely wanted to caution the community that depending on the extent of residential growth that may occur during the next decade and the extent of water and sewer service proposed , the Town ' s commercial growth node concept may develop at a larger scale than envisioned in the Draft Statement of Planning Philosophy . Finally , it should be noted that the New York State Department of Transportation ' s preferred corridor alignment for Route 96 negates a portion of the Town ' s premises for a commercial growth node on the specific site identified . It is suggested that the Town either revise or eliminate this site specific planning philosophy statement: . 6 ) Our recommendation to create a Town Conservation. Board was well received . It was further suggested that the traditional concerns of such a Board be expended to include agriculture . It was also suggested that the Town not rely solely on. the State Agricultural District Legislation to protect the Town ' s viable farmland resources and its agricultural operations . A statement was made that there was a need for detailed soils resources mapping of the Town and that it should include an assessment of the suitability of soils for agriculture . We concur with these statements and recommend that the Town create specific agricultural land use policies that are not entirely dependent on -the State ' s Agricultural District ' s Law or Agricultural Districts Program . It Town Board Minutes 31 December 11 , 1989 is also noted that the Town Planning staff has completed a major portion of the soils resource mapping for the Town . 7 ) It was suggested that the RFP for this project could have been enhanced by including as a task the review and analysis of the minutes of the public meetings conducted by the Town Planning Board and Zoning Board of Appeals . Our review of the various plan elements did include a brief review of the minutes of Town Planning Board meetings . In our opinion it would not be productive to amend the RFP to analyze past Planning Board or Zoning Board of Appeals decisions . 8 ) We were asked whether the Town needs a comprehensive revision to the existing zoning ordinance and map . It is our opinion that such an action may be premature at this stage of the Town ' s Comprehensive Planning Program . Furthermore , the creation of a Comprehensive (Master) Plan document will likely acquire changes to existing zoning district regulations and to mapped district areas . These zoning changes should be based , in part , on the creation of specific land use goals and policy statements and their application to existing zoning regulations . 9 ) We were asked to clarify our recommended actions for next steps (Exclusive Summary Report , page 11 ) , and specifically whether or not we would recommend the adoption of the Draft Comprehensive Planning Statements , the preparation of a Policy Plan , or the preparation of a Comprehensive (Master) Plan document . Without benefit of an environmental review record for the Town ' s Draft Statements , it is impossible to recommend their adoption . In addition , in our opinion a Policy Plan document would not be specific enough to adequately describe the Town ' s rationale for an overall pattern of development during a specific period of time . Therefore , it is our recommendation that a Comprehensive (Master) Plan doctmlent , consistent with the provisions of Section 272-a of Town Law, be created . 10 ) It was requested that guidelines for buffer areas be created for various zone districts and that larger minimum residential lot sizes be created for the agricultural zone . In addition , it was also requested that agribusiness be further defined and regulated in order to provide for the community ' s needs and provided for in the agricultural zone . We concur with these requests and recommended that specific agricultural land use policies be developed as part of the creation of a Comprehensive (Master) Plan document . 11 ) It was requested that the Town authorize a resident ' s survey (perhaps similar to the one used in the Town of Ulysses ) . An informal poll taken at the public hearing found nearly unanimous support for a resident ' s survey . We , therefore , recommend such a survey process be included in the scope of work for the preparation of the Comprehensive (Master) Plan document . We have provided Town staff with copies of questionnaires that have been used by other coauruniti.es . 12 ) It 47as suggested that the Town consider further analysis of cluster ;zoning provisions ; the need for an Institutional Zoning District , the uses of impact fees , and , opportunities to promote affordable housing . We concur with these requests and recommend they be addressed and further analyzed as elements of the Town ' s Comprehensive Planning Program , 13 ) It was requested that the residents continue to have a meaningful voice in decisions that would affect development and in the creation of a Comprehensive (Master) Plan . It was requested that Town Planning staff continue to give high priority to keeping Town Board Minutes '32 December 11 , 1989 the public informed in both areas . We concur with these suggestions and have stressed that the Town Planning staff continue to have a major role in the preparation of the plan document . We recommend that the Town should retain a planning consultant to advise Town Planning Staff and Planning Board in the preparation of the Town ' s Comprehensive (Master ) Plan and to provide technical assistance in the review and evaluation of ongoing development actions . 14 ) It was requested that the Planning Board move quickly to implement. an action plan . We compliment the Town Planning Board and Planning Staff for requesting funds in next year ' s Town budget to permit. the implementation of several components of the proposed action plan . It is our understanding that the Town. Board has agreed to commit funds to implement an action plan . We also understand that the next steps , involving the creation of a specific work plan , timeline and staff commitment to this effort , are being drafted by Town Planning staff . 15 ) The Town Planning Board was asked how committed they are to the previous comprehensive planning effort . The consultants were asked if the Draft Statement should be adopted as a "preamble " to the Town ' s Comprehensive Planning Program . In addition , we were asked if there is a need for the creation of a more specific comprehensive plan document . It is our recommendation that the Town Planning Board create a specific preamble statement that recognizes and builds upon the Town ' s Draft Statements and our Analysis and Recommendations Report . It is further recommended that the preamble include a specific component which calls for an action plan which would address the weaknesses identified in the Town of 'Ithaca ' s Comprehensive Planning Program . The action plan would provide a means to address the deficiencies which impact on the Town ' s ongoing activities while a Town of Ithaca Comprehensive (Master ) Plan document was being prepared . Mr . Brand went on to note the following written comments received : 1 ) We received a comment that recommended that the Town prepare an annual report which contains information on development actions and decisions made by municipal agencies and boards . We recommend the Town Board give consideration to this suggestion to require yearly reports from the Town Planning Board , Zoning Board of Appeals and Town Planning staff on all matters which relate to development . These development actions could also be mapped to assist the Town in determining development and zoning trends that may be occurring . 2 ) A request was made that we bring to the Town Board ' s attention the fact that Section 272-a of the New York State Town Law describes; the features as to what a Comprehensive (Master) Plan shall contain as well as the relationship of a plan document to zoning . We also were requested to note that the courts have interpreted that where Comprehensive (Master) Plan does not exist , substituting the concept of a Comprehensive Planning Process for the Comprehensive (Master ) Plan as the basis for zoning has been accepted . In our opinion , where a municipality does not have an official Comprehensive (Master) Plan document in effect: , it is in fact stating its position that it is willing to let the courts establish. its land use policy . It should be noted that legal decisions are often based on technical interpretations of the law and are not necessarily based on sound planning principles or community support . 3 ) We were asked to clarify item # 5 on page 8 of the Executive Summary Report concerning the need for the Town to establish a Capital Improvements Program . It is our recommendation that when Town Board Minutes 33 December 11 , 1989 it has been determined to be appropriate , a municipality should implement. a Capital Improvements Program. We do not feel that there is a need for the Town of Ithaca to implement. a Capital Improvements Program at this time . 4 ) We were asked to consider a recommendation to establish a moratorium) on all development ( for reasons which were not identified) until the Town prepares a Comprehensive Plan . We oppose such an action as it often results in a camxmity cc miitting valuable resources to defending the moratorium , rather than to addressing solutions to development problems . 5 ) We were asked to clarify whether we would support a. commercial growth node on West Hill , opposite the Tcmpkins Community Hospital . Without :specific authorization to analyze this issue and without benefit of the entire record on this matter ( including the environmental record) we cannot make a recommendation on the need for a commercial growth node opposite the Community Hospital . 6 ) We were requested to address the needs of area bicyclists with respect to the preparation of a Canprehensive (Master) Plan for the Town . We feel the Town should create specific policies for bicycles and bicycle routes as part of the Comprehensive Plan . In addition , bike routes should be incorporated as part of any design scheme for highway corridor improvements . . Mr . Brand remarked that in summary this Addendum Report could have continued. at length to expand upon the concerns expressed by residents regarding the need for an action plan . Public comments provide clear evidence of a strong desire for the Town to implement an action plan similar to the proposal outlined in our Analysis and Recommendation Report . In response to the directions voiced at the hearing as well as the written comments submitted by residents , Town Planning staff is currently preparing a more specific work plan for next year which would initiate the process of implementing our recommendations . our firm would be pleased to continue our relationship with the Town as it embarks on this process . Please let us know if we can continue to be of service to the Town of Ithaca . Councilman Whitcomb remarked that he had asked the question before but he would like to ask it again for the record . It ' s a very fine report and there is a lot of information in there , it " s a little bit hard to digest but there some real nuggets of information in there that are valuable and important . The question that he has is , what are your recommendations as to where we go from here now that we have this report in hand , where do we go next , in your opinion? Ronald Brand replied that he thought the next step was already for the most part being considered right now in that the Town Planner is beginning to draft the very specific scope of work as to what would be included in this three prong action plan to look at the specifics of creating a comprehensive plan document and intregrating the recommendations of public participation in that process to look at the existing weaknesses and deficiencies that they found in some of the regulations . Perhaps suggest the creation of a separate committee to look at the ordinances , rules and regulations to deal with that . He went on to say that he knew the Town Planner was working hard on putting together the information for a Conservation Advisory Council which is going to lead to sane regulations to update the open space index and plan and to further look at conservation overlay areas and define these areas . Finally , the Town Planner has been working very hard on dealing with the creation of a process where on an ongoing basis we would be letter able to intregrate public comments and concerns and Town Board Minutes 34 December 11 , 1989 better inform the public of pending development matters so that the public is aware at the earliest possible time of development and review of the process . One of the things that he has heard that was going to happen was that there was going to be a Newsletter going out the first of the year in which this effort is going to come together as to where we are going with this program. Councilmen Whitcomb asked , what level of participation do you see a consultant or consultants assisting the Town? Mr . Brand replied that his feeling on this was that , as he had said before at the public hearing , the role of a consultant should be that of advising the staff and advising the residents of the community either on the Planning Board or if you choose to create some kind of planning subcommittee or some kind of rules and ordinances committee to inform them , to educate them of what the planning rules and regulations provide for , what the process is all about , how SEAR is intregrated into it , how they must: deal with public meetings law , how they must deal with making decisions and informed judgements and how they must deal with the development of the community all within regulations . He stated that he did not think the role of the Planner should be to cane in and give you a document and say deal with it and if you do everything it says in this dmunent , trust me it will be all right . That ' s not the role that he sees . He went on to say that basically his position remains as it was before and that is , you have the resources , you have the Town staff , you have a vast base of information , why pay someone to come in and reduplicate that and hand it back to you and say go with it . He felt the Town would be far better_ off to go through the process , have a consultant advising you on a as need basis to move the process along . Explain why you need to deal with this task: in this way or that way but he felt it should end up as a community effort being present . A community concensus for which the Planning Board has basically had that effort all along . Celia Bowers stated that she represented the West Hill Neighborhood Association and the West Hill Neighborhood Association would like to thank the Comprehensive Planning Consultants for their clarification of their views . Dooley Kiefer stated that she would like to speak about the Zoning OrdinancE! . In reading the analyses and recommendations there were a far number of deals she thought when the consultant had analyzed the Zoning Ordinance and pointed out specific things that weren ' t there and yet tonight in going over the addendum you said the revision of the Zoning Ordinance should probably wait until the developmm!nt of this comprehensive plan is completed . Those two things seem completely different . Mr . Brand replied that what he had said was that one of the things that he understood the community was looking to create was an ordinance and review committee and part of what they would be looking at would be the detailed analyses of page by page comments that have been made . He went on to say that the point he was stressinc in this process that even though you go through that there may ultimately be need for further revisions . You may find that same of your existing business districts , for example , needs to be combined , consolidated . You may find a need to create an institutional district , or your special land use district and deal with the special permitted uses in certain districts . You may find the need to look at certain standards for multiple residences districts, which go beyond what you now have , but that doesn ' t mean that in the interim some of the recommendations to correct the deficiencies that you now have should be acted upon and dealt with . That ' s a process that he did not think you want to let your Town Board Minutes 35 December 11 , 1989 planning program slide on just to get caught up because that process alone could take you six months easily . RESOLUTION N0 . 328 Motion by Councilwcanan Raffensperger ; seconded by Councilman Whitcomb , WHEREAS , Stuart I . Brown Associates , on December 11 , 1989 has presented to the Town Board of the Town of Ithaca ti-te "Town of Ithaca Ccmlprehensive Planning Program Analysis and Recommendation Report " , "Executive Summary Report " and Project Addendum , and WHEREAS , the Planning Board of the Town of Ithaca and the Comprehensive Planning Subcommittee have accepted this report as meeting the terms of the February 28 , 1989 agreement with Stuart I . Brown Associates and recommended its acceptance by the Town Board , and WHEREAS , the Planning Board and Comprehensive Planning Subcommittee have transmitted recommendations for implementation of the report ' s recommendations , NOW THEREFORE BE IT RESOLVED , 1 ) That the Town Board of the Town of Ithaca accepts the "Town of Ithaca Comprehensive Planning Analysis and Recommendation Report " , the "Executive Summary Report " and the Project Addendum as presented by Stuart I . Brown Associates . 2 ) That the Town Board instructs the Town Planner to present to the Town Board , for discussion on January 8 , 1990 , staff recommendations for the implementation of a strategic action plan to improve the comprehensive planning process in the Town of Ithaca . Such recommendation should include a specific work plan to initiate work on a comprehensive master plan document and a strategic plan for the concurrent improvement of elements of the compreher.isive planning process , including a schedule for the work plan , and an estimate of the consultant and staff time commitment necessary to implement the work plan . It is anticipated that the staff report will include a review of the consultant ' s report , of the Planning Board resolution of December 5 , 1989 and the Comprehensive Planning Subcommittee memorandum of November 27 , 1989 , including their general recommendations and such specifics as the establishment of committees and subcommittees , public participation strategies , and appropriate levels of funding needed to initiate and support the recommended action plan . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . JOINT ACTIVITY FOR WEST HILL FIRE STATION - TRUMANSBURG ROAD SEWER Assistant, Engineer Erik Whitney stated that he thought. the Board needed to give the Supervisor the power to jointly with the City execute the contract with the low bidder Paolangeli Construction , Town Attorney Barney remarked that technically the City would be handing the project but there were some agreements between the City , the Town and Cornell and it was necessary for the Supervisor to execute the contract in order to allow the project to proceed . RESOLUTION NO , 329 Motion by Councilman Whitcomb , seconded by Councilman Klein , Town Board Minutes 36 December 11 , 19891 RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor to execute the contract for the joint activity for the West Hill Fire Station - Trumansburrg Road sewer . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . HEIGHT AMENDMENT RESOLUTION NO . 330 Motion by Councilwcnian Raffensperger , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby refer the consideration of the height amendment and the two family occupancy amendment to the Planning Board . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER THE HEIGHT AMENDMENT RESOLUTION N0 , 331 Motion by Councilman Whitcomb ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 11 : 30 A . M . , on December 29 , 1989 to consider a local law amending the Zoning Ordinance on the height requirement . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PERSONS TO BE HEARD Laura Holmberg attorney for Mr . and Mrs . Kyong stated that she was here to make a plea once again to the Board to put the Kyong project on the agenda . We have been on hold now for over ten months , we have been infront of you for some seven public hearings all together and two years have passed . She stated that she realized that the Board was looking toward a comprehensive plan but at some point along the way you have to make some decisions and not everyone can wait indefinitely for a period of time . She stated that she thought Mrs . Kyong deserves the courtesy of a response so that if it is rejected then she can proceed with other plans for development on that land . It ' s been two years now and she felt they deserved to be put on the agenda in the very near future and considered on the merits . Myrtle Whitcomb stated that her statement was prepared for Mr . Desch , Mr . McPeak and Mr . Bartholf . She then read the following statement :: "The members of the South Hill Community Association would like to recognize your efforts over the years you have served the Town of Ithaca . To be truly dedicated to the responsibility of an elected position requires considerable time and effort . This time and effort is given at a sacrifice , a sacrifice to your personal :Life often a sacrifice to your families . We respect and appreciate the effort you have given for the people of the Town of Ithaca " . SET DATE FOR PUBLIC HEARING TO AMEND TWO-FAMILY OCCUPANCY Town Board Minutes 37 December 11 , 1989 RESOLUTION N0 , 332 Motion by Councilwoman Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 11 : 00 A . M . , on December 29 , 1989 to consider a local law amending the Zoning Ordinance for two-family occupancy . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SHARLENE DRIVE Town Attorney Barney remarked that in drawing up the resolution and contract of sale , it occurred to him that this piece of land should be consolidated with anyone of the three adjoining land owners as it is too small to be a separate lot by itself . The sale is subject to a permissive referendum . We are doing this by quit claim deed as there is no indication that the Town has any interest once the Board decides not to use it for highway purposes . RESOLUTION NO . 333 Motion by Councilwoman Raffensperger , seconded by Councilman Klein , WHEREAS , the Town of Ithaca may have an interest in certain real property located in the Town of Ithaca , County of Tompkins and State of :New York , being a parcel of land that had been intended to be the :section of Sharlene Road lying south of the southerly rightrof=way line of Tudor Road as extended across Sharlene Road as shown on a map entitled "Boundary and Lot Data Map-Eastern Heights Subdivision-Section 2 , " made by John S . MacNeill , Jr . , Licensed Surveyor , dated May 7 , 1968 , as revised , a copy of which was filed in the Tompkins County Clerk ' s Office on March 19 , 1969 in Map File F-7 at page 35 , which parcel is approximately 60 ' x 1501 ; and WHEREAS , said section of Sharlene Road has never been improved as a roadway or used as a roadway and it does not provide access to any other public street , nor does it provide access to any other lots that do not already have access to a public street ; and WHEREAS , said section of Sharlene Road no longer serves a useful public purpose except as a rightrof-way for a proposed water main , use which can be more appropriately provided for as set forth below , and WHEREAS , it is in the best interest of the public to convey the Town of Ithaca ' s rights , if any , in and to said section of Sharlene Road for good and valuable consideration , subject -to certain restrictions . NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that : 1 . The Town of Ithaca shall offer to sell its interest , if any , in the above described parcel of land to the highest bidder upon sealed bids pursuant to the following terms : A . The only qualified bidders for the parcel shall be the owners of the lots adjoining the parcel . Be All sealed bids for purchase of the property must be filed with the Town Clerk of the Town of Ithaca on or Town Board Minutes 38 December 11 , 1989 before 4 : 30 P . M . , on the tenth day following the effective date of this Resolution . Co The terms of such sale shall be as set forth in the proposed Contract of Sale which is attached hereto as Exhibit A and incorporated herein ; and the successful bidder shall sign a copy of such Contract of Sale and make the deposit as required in the Contract of Sale within ten ( 10 ) days of being notified that he or she was the successful bidder . D . The Town of Ithaca reserves the right to reject any and all bids for any reason whatsoever . 2 . The transfer of the parcel to the successful bidder shall be subject to the following terms and conditions : A . The Town will transfer its interest by quit claim deed only and no warranty of title will be made . B . The transfer will except and reserve a ten-foot ( 10 ' ) wide water main easement to maintain a proposed water main ; such easement shall run along the eastern edge of the boundary of the parcel to be conveyed . There shall also be excepted and reserved a temporary easement of twenty feet ( 20 ' ) for the construction and installation of the water main , which temporary easement shall terminate once the main is in place . Co The deed will contain restrictive covenants prohibiting : 1 ) the erection of any structures or improvements on the parcel to be conveyed other than those necessary for public utilities , and 2 ) the sale , mortgage or other transfer of the parcel without either the transfer of the adjoining lot to the same transferee or subdivision approval by the Town of Ithaca Planning Board , 3 . The Town Clerk is directed to send notice of this Resolution to the owners of the three ( 3 ) adjoining parcels as shown by the most recent tax assessment records for the Town of Ithaca . 4 . The Effective date of this Resolution shall be the thirtieth day after its adoption , or , if within thirty ( 30 ) days after its adoption there is filed with the Town Clerk a petition meeting the requirements of Article 7 of the Town Law, then this Resolution shall not be effective until approved by the affirmative vote of a majority of the qualified electors of the Town voting on such proposition as provided for in Article 7 of the Town Law . If such a petition is filed , the Town reserves the right to amend or repeal this Resolution by further resolution of the Town Board , 5 . The Town Clerk is directed to publish and post this Resolution , or an abstract of it , in accordance with law . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . AGREEMENT FOR USE BY TOWN COURT OF COUNTY SPACE Town Attorney Barney asked if this could be adjourned once more . He stated that he had spoken with the County attorney . The agreement that was sent over had a whole raft of provisions that the insurwoice person for the County had added . He stated that he had a meeting set for Friday to go over the provisions with the County attorney . Town Board Minutes 39 December 11 , 1989 KENDALL AVENUE - PENNSYLVANIA AVENUE OPENING The Town .kttorney remarked that they have looked into this and are not aware of any way that opening can be assessed against the adjacent landowners . Also , there is a subdivision modification application before the Planning Board brought by Mr . Hilker and several of his neighbors up there and one could suggest to the Planning Board that as a condition for granting that subdivision approval that they install the road . It ' s a policy decision that the Town Board should make and he felt the Board should have some idea of -the dollars involved before they make a decision . He suggested that the matter be deferred until the Board could at least get a ballpark figure . LICENSES FOR TWO PROPERTIES ON EASTERN HEIGHTS DRIVE Town Attorney Barney stated that what has happened is that the owner of :Lot # 1 and the owner of Lot # 3 have put their driveways out to Eastern Height Drive across the portion of Skyview Drive that is used to service the parks . When title was taken for those roads it was taken for Eastern Heights Drive , if you extend the north line of Lot # 1 across to the east , that was basically where the title was taken for highway purposes . Then title south of that was taken along with a sizable chunk of land to the south for the park itself . Therefore , the land south of that Town ROW line really is supposed to be used for park purposes and not highway purposes . However , these folks need to get in and out and our solution to it was basically to give them a license which will allow them access . RESOLUTION N0 . 334 Motion by Councilman Klein ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Supervisor to execute a irrevocable license for the driveways for Lot # 1 owned by Robb and Lot #3 owned by Milnor . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . NEW TOWN SUPERVISORS TRAINING SCHOOL RESOLUTION N0 . 335 Motion by Councilman Whitcomb ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Supervisor elect Shirley Raffensperger to attend the New York Supervisors Training School , January 22 - 24 , 1990 in Rochester , New York . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . UPDATING Or? COMPUTER PROGRAMS RESOLUTION N0 . 336 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , WHEREAS , Andrew Irwin worked for the Town this past summer writing AUTOLISP program to enhance our AUTOCAD capabilities , and Town Board Minutes 40 December 11 , 1989 WHEREAS , these programs have become very useful to the Town ' s Engineering Department and could be even more valuable with scene amendments , and WHEREAS , ikndrew Irwin suggested he could be available for such work over his holiday recess during December/January , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that Andrew Irwin be hired temporarily to amend the AUTOLISP programs he wrote over the summer . He will be paid $ 6 . 00 /hour for not more than 40 hours or a total of $ 240 from account A1440 . 100 . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . DESIGNATION OF 1990 ]FLOATING HOLIDAY RESOLUTION NO . 337 Motion by Councilman Whitcomb ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the designation of Monday , December 24 , 1990 as the 1990 floating holiday . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . STUDENT PLANNING AIDS RESOLUTION N0 . 338 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the hiring of the following under the Cornell Work Study Program : 2 Student :Planning Aides , for a term from January 3 through January 23 , 1990 , maximum 7 . 5 hours per day ; 2 Student Planning Aides for Spring Semester , 1990 , from February 1 through May 15 , 1990 , at a maxim= of 15 hours per week , 2 Student Planning Aides from May 15 to August 25 , 1990 , at a maximum of 37 . 5 hours per week , With the maximum rate to be $ 7 . 00 per hour , to be paid out of Planning Department Personal Services Account No . B8020 . 100o ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none) . INVESTMENT REPORT RESOLUTION N0 . 339 Motion by Councilman Whitcomb ; seconded by Councilman Bartholf , BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following investment Report for the quarter 7 / 1 / 89 to 9 / 30/ 89 : Town Board Minutes 41 December 11 , 1989 C ERTIFICKIEES OF DEPOSIT DATE RATE OF MATURITY INTEREST ACQUIRED AMOUNT INTEREST DATE EARNED 3 / 3 / 89 $ 10 , 000 . 00 8 . 00 % 9 / 3 / 89 $ 411948 6 / 16 / 89 $ 1 , 000 , 000900 8970 % 8 / 14 / 89 $ 14 , 063 . 01 9 / 3 / 89 $ 10 , 411948 8 . 30 % 3 / 3 / 90 * * * * * * * * * SAVINGS END OF MONTH RATE OF INTEREST MONTH BALANCE INTEREST EARNED July $ 610 , 684 . 41 6 . 00 % $ 4 , 178 . 76 August $ 1 , 473 , 188 . 65 6 . 00 % $ 6 , 232 . 54 September $ 1 , 367 , 549 . 58 6 . 00% $ 6 , 589 . 23 INTEREST CHECKING END OF MONTH RATE OF INTEREST MONTH BALANCE IN'T'EREST EARNED July $ 17 , 869 . 97 4 . 500 $ 419 . 47 August $ 103 , 023 . 39 4 . 500 $ 251 . 05 September $ 239 , 984 . 20 4950 % $ 525 . 31 (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TEMPORARY SALARY INCREASE FOR ASSISTANT TOM ENGINEER RESOLUTION N0 . 340 r Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , WHEREAS , P . Erik Whitney has assumed the responsibilities of Town Engineer since the resignation of Sally S . Olsen in October , and WHEREAS , P . Erik Whitney has performed these additional duties with a high degree of professionalism and efficiency , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby grant P . Erik Whitney a temporary salary adjustment equal to 1 / 2 - the difference between the Assistant Town Engineer and Town Engineer salaries or an annualized rate of $ 30 , 100 /year for the period October 21 , 1989 to December 31 , 1989 , and $ 32 , 510 /year until a new Town Engineer begins employment in 1990 . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . TOM OF ITHACA WARRANTS RESOLUTION N0 . 341 Motion by Councilwcman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated December 11 , 1989 , in the following mmunts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . $ 63 , 950 . 85 General Fund - Outside Village . . . . . . . . . . . . . . . . . . $49 , 788 . 56 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49 , 177 . 76 Town Board Minutes 42 December 11 , 1989 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $38 , 216 . 60 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 305 . 20 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 452 . 50 (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BOLTON POINT VQJA RANTS RESOLUTION N0 . 342 Motion by Councilman Klein ; seconded by Councilwcman Raffensperger , RESOLVED , that the Bolton Point Warrants dated December 11 , 1989 , in the Operating Budget are hereby approved in the amount of $ 101 , 875 . 1.0 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . NOVEMBER FINANCIAL REPORT RESOLUTION N0 . 343 Motion by Councilman Whitcomb ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the November Financial Report , as presented . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BOLTON POINT ADMINISTRATIVE POSITION Town Attorney Barney stated that the Bolton Point Commission has worked quite closely with Noel Desch over the last , really since Bolton Point came into existence , and Noel was thought to have a great deal of knowledge and experience . The particular administrative makeup of the Commission staff right now is kind of a duel functioning staff with one person in charge of administration and one more or less co-equal in charge of operations . The thought of several of the Commissioners was that they would like to continue to have the benefit of Noel ' s expertise and experience for a period of time not really defined but definitely thought to be in terms of a temporary period of time to enable develognent of the existing staff to occur to where one or the other would assume the full responsibility of overseer . Noel in his role of Commissioner has sort of acted as a overseer of the whole process . As a result there was scene discussions over the last several weeks leading to the request or decision that they would like to keep Noel on as a Ccnmissioner but expand his role to where he would have duties above and beyond those of the normal members of the Commission , basically in an administrative area and pay him ,$ 8 , 000 a year plus providing health insurance and retirement benefits . Initially it was thought to do it in the form of a consu: tant and there was a draft job description done in that vain , on reflection it was felt that it might be better to have Noel stay on as a Commissioner and to assume these additional duties , if this Town Board chooses to appoint him . The Commission reccmT ends this * Town Board Minutes 43 December 11 , 1989 Councilwoman Raffensperger remarked that the Commission approved the new job description and the hiring of Noel Desch for that position . In addition she wished to say that she planned , at the meeting on January 8th to recommend that Noel Desch be appointed one of the Commissioners to Bolton Point from the Town of Ithaca . This is a matter of ' information to the Town Board . EXECUTIVE SESSION RESOLUTION NO . 344 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss of matter of litigation , a matter of potential litigation and specific personnel question . ( Raffenspe!rger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays we none ) . OPEN SESSION RESOLUTION N0 . 345 Motion by Councilman Whitccmb , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - nonee) . AARON KING MATTER RESOLUTION N0 . 346 Motion by Councilman Klein ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca in the matter of Aaron King pay the $ 6 , 000 and not pursue further litigation . (Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . SOUTH HILL TRAIL RESOLUTION NO . 347 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby instructs the Town Attorney to prepare a resolution for consideration on December 29th and the Town Planner to prepare an appropriate budget also for review on December 29th for the purposes of establishing the South Hill Trail and acquiring the land for the necessary easements . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . Town Board Minutes 44 December 11 , 1989 HEALTH INSURANCE RESOLUTION NO . 348 Motion b,y Councilwoman Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby instructs the Personnel Committee to examine the policy as to the provision for health services for employees who ' s term of full-time temporary employment is anticipated to be six months or longer . ( Raffensperger , Bartholf , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ADJOUR ZEN T The meeting was duly adjourned . Town Clerk AFFIDA VIT OF PUBLICATION #HE ITHA.CA JOURNAL State of New York , Tompkins County , ss . : Gail Sullins beinb duly sworn , deposes and says , that she/he resides in Ithaca , county and state aforesaid and that she/he is Clerk of The Ithaca Journal a public newspaper printed and published In TOWN OF ITHACA • , NOTICE OF PUBLIC HEARING g. Ithaca aforesaid , and that a notice , of which the annexed is a true PLEASE TAKE NOTICE, that ih'e P Town Board of the Town of" copy , was published in said paper Ithaca will conduct a public ;� py p p p hearing at 7:00 P. M. , on D'e- �� camber 11 , 1989, at the Toen e tz P tm er Hall, 126 East Seneca Street, ' ; ' Ithaca, New York, 'to consider certain amendments to - `the Fire Contract with the City of Ithaca as follows: _. + i ( 1 ) Increase the roster 1. the .j City Fire Department by '6 poid fire fighters or combination of the some number of paid fire., fighters and officers with the and that the first publication of said notice was on the Town share of such cost to be 1 paid under the terms of the day of e C v� �r ^ 19 �— existing contract. (2) Extend the contract to cov-. � er the years 1993, 1994 with', j. the Town share of operating:: costs as defined in the existing, )', contract to be 26 percent in 1993 and provision 27 percent in 1994. a)ct modifying con- tract job de- Subscribed and sworn to before me , this day scription of volunteer fire j l fighters to be synonymous i with Of ) Q /9 y /t. tJ V`�_� 1 7 � C The TownflBoardhwill at this time hear all persons in favor Of or opposed to said amend- (\ ments to the Fire Contract. Jean H. Swartwood ' December 1 , 1989 town Clerk. Notary Public . JEAN FORD Notary Public,c, State o .i New York� No. 405 4410 Quali 'ied in Tompkins Count Commission expires May 31, 19 .,