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HomeMy WebLinkAboutTB Minutes 1991-04-08 TOWN OF ITHACA TOWN BOARD MEETING April 8 , 1991 At a Regular meting 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 , there were : PRESENT . Shirley Raffensperger , Supervisor John Whitcomb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Karl Niklas , Councilman ABSENT : Catherine Valentino , Councilwoman ALSO PRESENT : John Barney , Town Attorney Dan Walker , Town Engineer Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Linda Nobles , Assistant Budget Officer George Frantz , Assistant Town Planner Dave Auble , 1122 Danby Road Bob Yavits , 611 Winston Court Beverly Livesay , Board of Representatives Representatives of the Media : Greg Williams , WHCU PLEDGE OF' ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF' TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger noted that the New York State budget had not been passed yet and according to news reports it ' s some ways away . For the Town this will man , at best , a hold on various kinds of state aid reimbursement . Trickled down continues , the Town has just received notice from Tompkins County of a cut in the Town ' s 1991 youth services money as a result of state aid cuts to the County . The Supervisor went on to say that a selection committee has been interviewing candidates for the position of Town Planner and hopes to complete the process soon . The Town Board will probably have to met again this month to deal with this matter and several others . The Town Clerk will be contacting you for a convenient time . Supervisor Raffensperger stated that the Town ' s independent auditor has substantially completed the audit for 1990 and should be available to the Town Board soon , perhaps at the next Town Board meeting . Town Board Minutes 2 April 8 , 1991 Supervisor Raffensperger remarked that in May , at the request of Councilwcman Valentino , she would like to set up a finance committee: . The Town has never had such a committee but she thought it would be helpful to the Board to have such a committee review the warrants , audit reports , change orders , etc . , in advance of Town Board meetings . The Supervisor noted that the Town had received a number of calls from persons interested in representing the Town on the County Youth Bureau Board . Each was asked to send a statement of interest for the Board members review and as of now she had received just two of those statements and she believed the appointment could be made at the second meeting this month . Town Engineer ' s Report Town Engineer Dan Walker noted that bids were open on the West Hill water and sewer improvement . There were sixteen bids with a wide range in bids . The apparent low bidder is within 10 % of the engineer; estimate , on the low side . The foundation walls for the tank on the South Hill water improvements have - been poured . We are planning to pour the floor tomorrow . The water main installation has been completed and the pressure tests have passed . We are working on obtaining easements for the Inlet Valley project . The plans have been approved by Tompkins County Health Department and the bid documents are complete . We have a schedule designed that should allow for construction to begin around July 1st . The Route 366 water main extension agreement is being bounced back and forth between the attorneys but he did not think there were any major problems . The Town Engineer went on to say that they have about three weeks of records on the sewer capacity monitoring on the area above the Fall Creek area and will continue to monitor for another three to four weeks . We did a field inspection of the Commonland sewer system which consists of six pumping stations which are privately owned at this point . There are some major deficiencies in the system and we are preparing a written report with cost estimates . The Master Plan for Cornell and the GEIS development will be presented April 16th to the Planning Board which will kick the whole process off . He noted that the Highway Superintendent and himself had attended a meeting with Cornell representatives and the County Highway Department , last week , to discuss the realignment of Pine Tree Road and the Judd Falls Road improvements . Cornell is setting aside rightrof-way limits to allow direct connection of Pine Tree Road with Judd Falls Road , if the County so desires to do that . Engineering has not done very much on the Comprehensive Plan in the past month but we are keeping up to date on the maps . The Engineer noted that there was a major slope on Burns Road that is moving , so the summer help will be surveying this area . Highway superintendent ' s Report Highway Superintendent Scott McConnell reported that the Highway Department spent March preparing and setting up for the paving season . Rich Road had a culvert replaced and was ditched , the shoulder; were also worked on . Northview Road had a culvert replaced and extensive ditch and shoulder work done . Many driveway pipes were replaced , in cooperation with the land owners , to insure proper drainage in the ditches . on days it rained , stone for surface treating and gravel for shoulders was hauled and stockpiled . Ditching and drainage work on Renwick Drive and Wyckoff Road was also done . The door to the equipment side of the salt barn was repaired . In April , we will finish work on Northview Town Board Minutes 3 April 8 , 1991 and Rich Roads and do work on Regency , Joanne , Park Lane and Harwick . The spring leaf and brush pickup will begin on April 29 . The Highvray Superintendent reported for the Parks and Open Space Department noting that a total of 10 man hours were spent on snow removal in March . Pre-construction and sealing of the Grandview playstructure was completed this month . A total of 106 man hours were spent . Lay-out and staking of the site will be done in early April , with excavation of the area and hole drilling to follow as weather permits . Woodchips were spread on the new trails at Tudor and Eastern Heights Parks . These projects are now completed . A total of 48 man hours were spent in March . Also , new chips were spread at. Salem Park trails , this will be finished in April . The last timm! wood chips were spread was in the simmer of 1988 . The rest of March was spent on numerous routine maintenance tasks at various park and recreation sites for a total of 234 man hours . Jobs included the sealing of all new picnic tables , weekly site and drainage inspections , canpost pile management , sign construction , bluebird nesting box maintenance , repaired washouts at Dewitt exercise trail , spring equipment servicing and the start of spring cleanups at all park and trail sites . April projects include the beginning of on-site construction of the Grandview playstructure , finish spring park and trail cleanups , finish Northview Park tree removals , lawn repairs for Bolton Point and participation in the Town ' s spring yard waste collection , April 29 through May 3 . The Highuay Superintendent went on to say that he had one more item to add to his report . Last month we did the commitment for the expenditures for monies on pavement and Judd Falls Road was one of the roads to be paved . He stated that he had found out at the meeting that he and the Town Engineer had attended that Cornell is planning on doing some work over the " can " at the " jughandle " which is a steel archway . It basically requires the removal of about 500 feet of pavement and excavating down to just above the archway over top of it: . It felt it was best to coordinate the work with Cornell so that the road would be closed for a lengthy time only once and not different times for the different projects . Cornell is going to have East Avenue closed most of the summer so it would be best to move -the repaving to next year . We will patch the holes and make Judd Falls Road driveable . He went on to note that the curb line and the gutter line from the bottom of the hill past the " jughandl.e " needs some intense work and it was his suggestion that the curb be replaced . Supervisor Raffensperger remarked , if we are looking to do that then she certainly felt next year was going to be a better time because -the people in Forest Hone are trying to work out for themselves , a sidewalk district and it would give them more time to work out the details and the willingness of the people to pay for the sideualks , etc . Building Inspector/ Zoning Officers Report Building Inspector/ Zoning Officer Andrew Frost reported that there was a little bit of a building boom as they had issued 14 building permits for the month of March . 13 Certificates of Occupancy were issued and two new complaints were investigated . Councilman Niklas remarked that his neighbors have expressed two concerns to him , and one is College Circle . Trash collectors are showing up anywhere between 5 : 30 and 6 : 30 in the morning , making lots of noise . He stated that he did not think his neighbors wanted to site a violation but they would like the Building Inspector- to call them and say don ' t do that . It is a large truck and they have these metal dumpsters that they have to unload and Town Board Minutes 4 April 8 , 1991 from his own experience it is a tremendous racket . Also , they cone on different days of the week . The other thing is that Peter Hillman has called him again and he is having some serious difficulties with rental property next to him . The property is owned by Mr . Monkemeyer . Noise and disturbances of different sorts . He has asked me to find out what kind of physical evidence he can provide that would allow the Town to exert some reasonable influence on Mr . Monkemeyer to control the behavior of the people renting the house . He said this morning when he woke up he found one large keg of beer and more than two plastic garbage bags that visibly contain styrofoam cups and things of that sort , party materials . He also said that there were either 13 or 18 cars one night all. crammed into that area . He did call the police and just before the police turned up , the noise stopped . The police couldn ' t find anything and within another twenty minutes it started up again . Supervisor Raffensperger stated that she had called Sheriff Guest to remind. him about the Town of Ithaca ' s desire to not have warning continued. but to have appearance tickets be issued . He was very cooperative and she felt they did not know spring was going to come so soon and they had not informed all the patrols that this was the case but that he would remind them of that . She felt this would help some . Building Inspector/ Zoning Officer Frost stated that he had called Mr . Monkemeyer twice . The first time he got the answering machine and the second time he was in but unavailable . He stated that he had driven up there but did not see any beer kegs but there was evidence of some mass gathering over the weekend . He went on to say that this particular property was one of the properties that would have amortization applied to it for 15 years . He felt there were young men renting the property with girlfriends that perhaps spend a fair amount of time up there and the license plates in fact are registered to people living down town . Supervisor Raffensperger remarked that Ithaca College was trying to be cooperative . She stated that she received a letter_ from them last fall_ and she had called today to tell them the parties were beginning and they will contact their student leaders . Councilman Niklas remarked that as he was hearing it , other than the enforcement of the Noise Ordinance there doesn ' t seem to be any alternatives for Mr . Hillman in terms of what he can do . Supervisor Raffensperger stated that the Sheriff ' s Department also says that they can give appearance tickets or whatever they give them for disturbing the peace , being public nuisance or whatever . It isn ' t just our Noise Ordinance that is involved in this . She stated that her main concern was , and this happened on Pennsylvania Avenue last fall , is that these are residential neighborhoods that are really beginning to turn out to be student gettos because young families with young children are beginning to wonder if they want to continue to live in those areas . She felt this was very negative for the Town to have this happen and she would much rather see students interspiced into our regular neighborhoods because she felt it controlled behavior better than anything else . Councilman Niklas remarked that he thought what the Supervisor feared was already happening on South Hill as he knew Mr . Hillman and two of his neighbors were thinking about leaving . Three hones in his neighborhood have been sold and are now rentals . Assistant. Town Planners Report Town Board Minutes 5 April 8 , 1991 Assistant Planner George Frantz reported that the Board had before them the March planning report . The Planning Staff is continuing to work on the Comprehensive Plan . We have brought on , in the last month , Donald J . Perone Engineers of Rochester . They are doing an inventory and analysis of the Town ' s transportation system . They will give: us some indication , from the standpoint of engineers , as to what some of the problems are with the Town ' s transportation system . The Planning Board granted final subdivision approval for three logs at Inlet Valley Land Cooperative and final site plan approval for Rogan ' s Corners . Cornell has applied for approval to expand the Hasbrouck Apartment complex . They propose to move the 92 units from Pleasant Grove Apartments across the road and into new third. stories for 14 of the Hasbrouck buildings as well as the additional parking . Cornell has also requested special approval for the construction of a parking lot on the old Oxley Polo site to be used through 1996 after which the lot will be turned over to the Plantations , Mr . Frantz went on to say that he has spent many hours working on the South Hill Recreation Way doing some additional field work and design . Hopefully we can meet the State deadline of May 15th . REPORT OF' TOWN COMMITTEES Conservation Advisory Committee Councilman Whitcomb reported that the CAC was primarily focusing on the open space index . The Open Space Inventory Committee has been busy doing field checks of various open space parcels within the Town . Scott has been helping to map all of those . We have run into a bit of a snag in trying to categorize them in some kind of a scientific manner , categorizing the various classes of open space and assigning then some kind of an numeric value in preparation for prioritization of the entire list in terms of acquisition or preservation value . The subcommittee will be working through some examples to see how it will come out . Councilman Niklas remarked that in terms of Codes and Ordinance , he did not think that they really needed a listing of priorities but he did think they needed , however , a list of the areas that the CAC is reccnuending for protection or conservation . Councilman Whitcomb replied that they needed a ranking for themselves plus the State mandates they do this . Codes and. Ordinances Councilman Niklas stated that at the last meeting they reviewed a piece of draft legislation that the Town Attorney provided them for the posting of signs and he believed that that draft has now been circulated to various other boards for comments . He stated that they would receive those comments , fine tune the legislation and then refer it to the Town Board for their consideration . The Town Attorney has drafted a very extensive preliminary document on the Environmental Protection Overlay Approach and he noted that the Town Attorney deserves a great deal of thanks , on behalf of the Cot4nittee . The Sunset period for permits will be discussed at the next meeting . He noted that they are still discussing such things as the redefinition of the term gasoline sales stations . Also , they are still very much concerned about discussing lake front regulations but it has a lower ranking on our activities because of the need to discuss some of the other items first . Town Board Minutes 6 April 8 , 1991 Comprehensive Planning Committee Councilman Klein stated that the Comprehensive Planning Committee met twice with the last meeting being more like a working session where we split up into two subcommittees . The Goals and Objectives Subcommittee reviewed the comments received on the draft goals and essentially we felt , as a subcommittee , that the comments were generally favorable . We felt we would hold off on any sort of revisions to those until other parts of the plans are developed . The new Land Use Subcammittee had an extensive meeting that night and also met today , working with Ron Brand on some new ambitious goals to try to get the last two chapters finalized . Since Stuart Brown Associates contract is on the agenda , we will talk about that later . Councilman Niklas remarked that he would like to make just one comment . He went on to say that for the record it was important for everybody to know including Town Board members that are not actively participating in this , that even though the comprehensive planning document has not been circulated as a physical entity that actually aspects of the comprehensive plan are already being initiated and pursued in the various committees such as the CAC and COC . Even though there is no written document the idea is already being implemented . He noted that sow of the output was evident on the walls with the new maps . Ethics Cam-nittee Councilwoman Leary stated that she and Councilwoman Valentino have been talking to the Chief Counsel for the New York State Temporary Commission on Local Government Ethics and if you remember the last time we had a draft of a letter here basically opposing the financial disclosure provision that currently exists . She stated that they had a new revised letter as it seems they can write in a financial disclosure provision that confirms with current law but is not quite as obnoxious as we thought it originally would be . It would not only not be open to the public , this is income information , it would also be sealed fron the Ethics Board only to be opened by a majority vote of the Ethics Board if they saw the need during an investigation . He said we could do that and still comply with the law . If we didn ' t adopt any sort of financial disclosure we couldn ' t have any disclosure whatsoever . Supervisor Raffensperger added , unless it was voluntary . Councilwoman Leary replied , yes . Councilman Klein asked , what if we violate the law? What will happen to us ? If the Town of Ithaca decides to make their own form up , what is the problem? We could just say this is our disclosure law . Supervisor Raffensperger replied that all our laws have to be filed with the ,Secretary of State and they might pick up something that was not suitable . Councilman Niklas asked if it had to be made a law? If we say okay for the betterment of the community , for the good of the community we will release certain amounts of information but this is not a law and we are not required to do it . Supervisor Raffensperger replied that the Town needs to have an Ethics Law, all Towns are required to have one , and that was what she ment about a voluntary disclosure . The law is so wierd , either you disclose everything or you disclose nothing and obviously we Town Board Minutes 7 April 8 , 1991 don ' t think that is appropriate . What we want is a more moderate kind of disclosure by public officials . She stated that she did not know -why it could not be made voluntary . Councilwoman Leary replied because the only thing is , it ' s voluntary as long as we ' re here . She went on to say that the argument of the Association of Towns is to make everything voluntary and our argument is the support of some kind of a minimum state law requiring it because some of the people who might be most likely to violate it wouldn ' t want to do it voluntarily . Supervisor Raffensperger asked Councilwoman Leary to bring the proposed letter , in final form , to the next meeting when she understood the Board would be asked to set the date for a public hearing . Councilwoman Leary replied , yes . Town Attorney Barney asked if there had been any discussion of Municipal Home Rule superseding this ? There is a provision that under certain circumstances allows a Town to supersede a state law and is an, avenue that could be explored . Councilwoman Leary replied that she had not talked to them about its REPORT OF' COUNTY BOARD OF REPRESENTATIVES County Board Representative Beverly Livesay stated that an agreement. had been reached with the Corp of Engineers on where the wetlands are on DR- 7 so that will be moving ahead . It will mean redesigning the site and going through the whole environmental impact statement again . The central processing facility ended up without opposition and so the licensing will go ahead at the regional level . We expect that to move right along . She went on to say , we go ahead to our full County wide recycling program this summer . She stated that it was a matter of getting the RFP put together , etc . She remarked , you notice that she had said this summer , she did not say June , July or August . There is a program that will help small businesses , kind of like an energy audit . Also , they are setting up a program for the exchange of things so that things don ' t have to be thrown out but used by somebody else . We hope a lot of the demolition materials , paint and oil can be handled this way rather than put them in the landfill . We are also planning a hazardous waste day , probably late September or early October , and may be at the "B " lot at Cornell and the Treman Marina as collection sites . All of the details are still being worked out . Mrs . Livesay went on to say that the Hillview Road Landfill , what used to be called Landstroms , is operating under a new consent order . The Solid Waste Committee will be having their meeting out there Thursday and will hear things about Hillview which we have all been wondering about and then we will be going on a tour of the landfill site . She stated that the tour was open to the public and press and will be meeting at the West Danby Fire Station before the tour . WE, are investigating a lot of things about the shipping of trash as we are sure we will be into that before we are through . We are keeping all options open so that we can move in any direction . She noted that the County was in the process of implementing their new job rating system . We are also discussing the renovation of the old jail , the parking problems downtown and the pos.clibility of bringing departments back downtown . Mrs . Livesay rioted that the County had cut about $ 670 , 000 out of their budget so far but it doesn ' t make up for all of the short falls , that they know about , from the State budget . Town Board Minutes 8 April 8 , 1991 PERSONS TO BE HEARD Robert Yavits , 611 Winston Court , #3 , stated that he was at the meeting :because he was one of the applicants for the Town representative on the County Youth Bureau . He stated that he wanted to let the Board know his qualifications so that they could base their judgement on something more substantial than a letter . Mr . Yavits went on to say that in his letter he had stated that he was a City Youth Bureau worker from 1976 to 1981 after which he served on the City Youth Board for about two years . After that he went to graduate school , left the Town and moved to Horseheads where he had an appointment in Elmira . He then came back to this area and taught at Ithaca College . For about three years now he has been on the faculty of Tompkins Cortland Community College as an instructional software specialist and he has been involved in quite a few governmental committees . This year , he stated , he had chaired -Institutional Operations Planning Committee and he had chaired the Recyling Policy Committee . We are having an event next week , Recycling Awareness Week , at the College and on Wednesday he would be moderating a panel of three people , one from the State Department of Environmental Conservation , Mayor Balerdini from Town of Homer and Lynn Leopold . He stated that another thing he had been doing at Tompkins Cortland Community College was working very closely with the President and the three Deans working on developing the College Plan this year . He stated that he mentioned these just to let the Board know he had been doing a lot of committee work and he was used to the kinds of non-direct conversation that must go on along with the direct service that he has done in the past . Supervisor Raffensperger thanked Mr . Yavits and went on to say that she did not know if Mr . Yavits was here when she mentioned that the Town had a number of applicants , she stated that she had received two letters and there were three or four people who said they were interested and going to send in letters . DECEMBER 1990 FINANCIAL REPORT RESOLUTION NO , 78 Motion by Supervisor Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the December 1990 Financial Report , as presented . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . RENTAL OF STREET SWEEPER RESOLUTION NO , 79 Motion by Councilman Niklas ; seconded by Councilman Liguori , WHEREAS , a sweeper is needed to clean out catch basins and clean roads for paving , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approve that the Town rent from Tracey Road equipment a sweeper for two ( 2 ) weeks at a cost of $ 2 , 200 per week , one week being from May 6 to May 10 . The other week to be determined at a later date by the Highway Superintendent . Town Board Minutes 9 April 8 , 1991 ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . PAVING SCHEDULE Highway Superintendent Scott McConnell reported that beginning May 13 , the Town of Ithaca Highway Department will be paving some Town roads . Weather permitted , we will start Monday morning paving the North side of Regency , the West side of Joanne Drive and the West side of Park Lane . Tuesday , all of Harwick Road will be paved . On Wednesday , the South side of Regency , the East side of Joanne Drive and Park lane will be paved . All traffic on Harwick will be detoured around the paving crews . Residents on Regency , Joanne Drive , and Park Lane are requested to have their vehicles kept on the opposite side so that we may keep all traffic off the fresh pavement for at least 24 hours . The paving crews will work the remainder of the week and all of the week of May 20 on various other roads , but this work will not greatly effect traffic in those areas . Supervisor Raffensperger asked if Harwick Road wasn ' t the newest road in the Eastwood Congnons development ? Superintendent McConnell replied , it has an oil and stone top on it and we put a bunch of hot stuff on it last year . One of the problems is near the intersection of Honness Lane . We are going to dig it up , put in some subsurface drainage and tie it into the culvert that goes under the road . The only other problem he could determine was that it was that it was an oil and stone base and gets quite a bit of traffic , those were our minimum road specs . They built the minimLun road and we ended up with a minim= road in three years . Councilman Whitcomb asked if this was the entire 1991 paving schedule or was this just a piece of it ? Superintendent McConnell replied , this is only a piece of it . What this is , is the list of roads that we are doing with all hot mix , asphalt , on the top . The other road that we haven ' t addressed here yet is Rose Hill which he did not think he would be using hot mix on and was trying to come up with the best solution for this road . The other roads are all oil and stone or slurry seal . Supervisor Raffensperger noted that the Town would be putting a box ad in the paper to notify the residents of the paving . RESOLUTION N0 , 80 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approve this portion of the 1991 Paving Schedule . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SNOW CONTRACT WITH TOMPKINS COUNTY Town Attorney Barney remarked that he had looked at it . We had a snow contract for five years back in 1988 or ' 87 which expires in 1992 . He stated that he did not quite understand why the Town was being asked to renew the contract . Town Board Minutes 10 April 8 , 1991 Highway Superintendent McConnell replied that he had checked with the County and the best that he could come up with is that they put it into their budget , for the year prior , and this is for the year beginning in 1992 . Supervisor Raffensperger remarked that she understood that the County was not going to pay for last year unless we give them a contract for year after next . County Representative Livesay replied that this has come up in the past and she thought it had something to do with the State as well . Town Attorney Barney remarked , this contract doesn ' t go any further than our existing five year contract . He remarked that the only thing he noticed was that the old contract was strictly plowing , this one appears to say that we may do scene road surface treatment as well . Highway Superintendent McConnell remarked that he was not aware of that , Supervisor Raffensperger replied that she felt that any further action on the snow contract should be postponed until next month and for the Highway Superintendent to review any added requirements and for the Town to figure out why they want . . . . . . . . Town Attorney Barney added , there is a price change . The Town Attorney stated that he would talk to the County . SET DATE FOR PUBLIC HEARING TO AMEND THE LOCAL LAW ON BAC RFLM PREVENTION RESOLUTION NO . 81 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on May 13 , 1991 to consider amending the local law on backflow prevention . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC BEARING TO ADOPT INTERMUNICIPAL AGREEMENT (SCLIWC) RESOLUTION N0 . 82 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 15 P .M . , on May 13 , 1991 to consider the adoption of an Intermunicipal Agreement ( SCLIWC ) . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . BENEFIT ASSESSMENT REFUND Councilman Niklas stated that he had a question regarding Item number 2 in Mr . Flumerfelt ' s letter where it says he did not think this should have been necessary , verbal notification should have been enough . Councilman Niklas remarked that his reading of this Town Board Minutes 11 April 8 , 1991 suggests that he was saying that he did request it over the phone but there is no record? Town Clerk Jean Swartwood replied that Mr . Flumerfelt came in to pay his taxes and at that point questioned why his units had been changed to two . It was thought , by the person doing the benefit units , that the house contained two apartments . There is a form that has to be filled out , the Building Inspector does have to inspect the house . He never said that he was working on the house and had a current building permit and that the Building Inspector had been there because of this . As a matter of fact , Bob Flumerfelt was our Town Engineer and he knew the procedure . Councilman Niklas remarked that if it was standard policy that we do not refund previous years then he would like to make a motion that the request be denied . Councilman Liguori asked if this happens very often that we use the provision of two year ? The Town Clerk replied no , but here you are only talking about two units . It could cause the Town financial problems if it was a large amount and refunding from the current year . Councilman Niklas remarked that he was very sympathetic to him but the Town does have a policy and we should stick by the policy . This issue may cause us to reevaluate the policy and change it but none the less that was the policy when this happened . Supervisor Raffensperger stated that one of the reasons we asked people to take positive action to make the appointment for the inspection is it really is very easy for one to say that they had called the Town and asked them to do something or I mentioned it to somebody or other and you didn ' t follow it up so now it ' s your fault . In general what we have tried to do is to set up procedures so that people take a positive action so that you know they have made a request for a refund . When they do that , we bring it to the Town Board and the Town Board decides but to say that it was mentioned and obviously it was not followed up , she felt that to have a policy that you only go back so far to give refunds for that was perfectly reasonable . It was on that basis that she had told Mr . Flumerfelt that . She went on to say that as far as she knew it was a policy that had been in effect ever since she had been on the Town Board , Councilman Liguori felt the policy should be written , and he suggest it. be done at the next Town Board meeting . Supervisor Raffensperger replied that then the choice would be so unflexible so as to say that when you get your tax bill and the Town has somehow or another made an error , it ' s too late for you to do anything about it . RESOLUTION N0 . 83 Motion by Councilman Niklas ; seconded by Councilman Whitcemb , RESOLVED , that the Town Board of the Town of Ithaca hereby deny a refund of benefit units in the amount of 1 unit of water and 1 unit of sewer charged Robert Flumerfelt on his 1989 Town and County taxes for the property located at 1020 East Shore Drive . Tax Map Number 19-2- 18 . ( Raffensperger , Whitcomb , Leary , and Niklas voting Aye . Nays - Klein and :Liguori ) . �r Town Board Minutes 12 April 8 , 1991 CONTRACT ]FOR PLANNING SERVICES Supervisor Raffensperger noted that the contract with Stuart I . Brown Associates for planning services expires as of today . You have a copy of another proposed contract for services for the next year . Because the Comprehensive Planning Committee did not have an opportunity to review this contract or to review some material to be presented from Stuart I . Brown Associates to support the additional work that is provided for in the contract she would like to suggest that tonight the Board consider approving the continuance of the contract for planning services with Stuart I . Brown Associates for a period of one month under the terms of the contract which is expiring . Councilman Niklas stated that he felt the Chairman of the CPC would express the opinion of the Committee . His own opinion was that the members of the CPC , he did not know if it was all of them but it certainly appeared to be a majority , felt a renewal of the contract should be contingent upon their having an opportunity to evaluate some additional writing from Mr . Brand . There was expressed some dissatisfaction concerning some of the previous writings that have cane from him and we wanted to see what was the quality of the product that we would anticipate fran renewal of the contract . He stated that he had said that he would make his personal feelings , namely what he had just said , at the Town Board meeting . He stated that he would also like to add to that that he felt it was almost suicidal to change horses in the middle of the stream and , therefore , he would vote to renew the contract for one month . Councilman Whitcomb asked Councilman Klein if they would be discussing the contract , in depth , at the CPC meeting? Councilman Klein replied that he had spoken to Ron Brand this morning and obviously other than Town Board members who serve on the CPC , the other members of the CPC are not that familiar with the content of the contract in terms of what the consulting firm should be: doing . So he felt it would be reasonable to have Ron Brand , who will be at the meeting , review the contract . Councilman Niklas remarked that the Land Use Subcommittee met this morning , Ron Brand was there , and we got a chance to look at outlines for chapters four , five and six . He stated that it was his understanding that the charge for the Land Use Subcommittee will be to help write chapters four , five and six . Consequently , he felt that many of the issues raised at the last CPC meeting are in some sense moot . Supervisor Raffensperger noted that the contract which is in the Board members folders , except for the additional work to be done on chapters four and five , is almost identical to the contract approved by the Town Board last year . She stated that she looked forward to the Comprehensive Planning Camnittee ' s recommendation but it is a recommendation to the Town Board and we will have it on our agenda for next month . Councilman Whitcomb asked if there was a penalty clause in the contract for not meeting deadlines and that kind of thing or is that difficult when we are paying him on an hourly basis ? Town Attorney Barney replied that a penalty clause could be added . Councilmaa Niklas remarked that he felt deadlines had been broken on both sides and it would be difficult to enforce this . Councilman Klein remarked that after the last CPC meeting there was a specific request for Ron Brand to provide a writing sample , or Town Board Minutes 13 April 8 , 1991 write part of chapter four and five . He stated that he had spoken to Mr . Brand a month ago and he said he would get it done but it has not been forthcoming . Councilman Klein went on to say that Mr . Brand had cleared the air this morning at the subcommittee meeting and that Mr . Brand had pointed out that the procedure was really to get the outlines approved . RESOLUTION NO . 84 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the extension of the contract with Stuart I . Brown Associates for a period of one month . ( Raffensperger , Leary , Klein , Liguori and Niklas voting Aye . Nays . Whitcomb) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE EXCEPTING CERTAIN APPROVED SITE PLANS AND APPROVED SUBDIVISIONS FROM THE REQUIRIIMENT OF OBTAINING FILL PERMITS Proof of posting and publication of a notice of public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance excepting certain approved site plans and approved subdivisions from the requirement of obtaining fill permits having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Attorney Barney stated that this was the reaction to the discovery that when we adopted the fill requirements we basically said that: anybody that got a permit for an approved site plan or subdivision would not have to get a fill permit if they concluded their work within three years of the time they got that initial approval . What we are attempting to do is give everybody , no matter when they obtained their approval , kind of a grandfathering period , until the end of December 1992 . Anybody who had an existing approved subdivision or site plan would not be required to get an additional fill permit if they completed their work within two years of the adoption of the law which was around January first of this year . As no one in attendance wished to speak for or against the proposed amendment. , the Supervisor closed the public hearing . Councilman Whitcomb remarked that he had a question . He then asked , if this were not adopted then someone who got a permit a year ago , two years ago , when would he have to get a permit? Town Attorney Barney replied , presumably three years from the date they got their original site plan approval . It basically gives them an option , three years from the date they got the original site plan approval or two years after the adoption of the local law, which ever is later . Councilman Whitcomb continued , if someone gets a fill permit tomorrow they have three years from then to complete their work . Town Barley replied , if someone gets final subdivision approval . He remarked , you said fill permit and he was not sure that Councilman Whitcomb meant fill permit . Councilman Whitcomb asked how someone would go about getting a fill permit? Is that part of the subdivision approval process ? Town Board Minutes 14 April 8 , 1991 Building Inspector Frost replied , special approval to the Town Zoning Board only unless their is an excess of 2 , 500 cubic yards of material to be deposited or extracted then it ' s a Planning Board/ Zon=ing Board matter . Councilman Whitcomb replied , so it ' s part of the subdivision review process but is it something the ZBA acts on , or the Planning Board? Town Attorney Barney replied the way it is set up now, if you come in today , forget about the grandfathering , if you walked in the door today the Planning Board would review as part of the subdivision approval process would review the cuts . The road cuts , the fill and that sort of thing with the help of the Tam Engineer and at the time they grant their subdivision approval it would include any conditions they felt were necessary or appropriate to protect the damage that they felt might occur because of the fill operation . In effect you have applied for your fill permit but you are doing it through the subdivision approval process . The same thing with site plan approval . If , however , you come in independent of either a site plan or subdivision approval then it is a BZA :matter unless it ' s a large amount of fill then it takes a Planning :Board recommendation to the ZBA . Councilman Whitcomb remarked , let ' s assume our knowledge about dredging and filling and has improved in the last few years , wouldn ' t it make sense to perhaps review some of the things that are being done now under the ordinance that presently exists ? People who have had approval prior to the enactment of this law? Say somebody who got subdivision approval two years ago , is it safe to say we are more concerned about fill today than we were two years ago ? Town Attorney Barney replied that he felt this was a safe assumption . He went on to say that he felt it was a case of fairness in that we have imposed a law on somebody saying you now must get a fill permit and the question is , is it now fair to say that to somebody who , in good faith , when through whatever our procedures were two years ago and got their approvals in accordance with the requirements at that juncture . Do they now need to go through an additional set of procedures before they proceed . He felt the feeling at the COC was that the two year period was not to long and was a reasonable compromise . Councilman Niklas remarked , that he thought a valuable piece of information for everyone to have before they voted on this was , for example , how many site plan approvals are we talking about . Building Inspector Frost remarked that he had a property that received subdivision approval , the newly formed parcel from that subdivision was built upon with a commercial building . The building was completed , given a certificate of occupancy . In kind of finishing up some landscaping some fill was brought in but no where in the record is there any indication that filling was ever really discussed outside of filling material that was placed underneath the building which was part of the site plan . He stated that he had sited the person , for violating the ordinance , because the building permit is no longer in effect because it has . been closed out , the building is complete and the site plan had no indication of any fill going on the property . So there are things out there that are several years old . Councilr an Niklas asked the Building Inspector if he had any idea how many . Building Inspector Frost replied that he could not give a rough guess without thinking about it for a while . Town Board Minutes 15 April 8 , 1991 Supervisor Raffensperger remarked , we are saying anything that was approved after what date . Town Attorney Barney replied this law became effective , he thought , in January so measuring back it would be anybody who had done anything up to three years back , 1988 . Councilman Niklas remarked that he felt it was true what Councilman Whitcomb and Town Attorney Barney were saying and that is that our awareness and knowledge of filling and grading was greater than it was in 1988 . But what the Town Attorney had said was also true that someone in good faith who got a site plan approved back then to do a certain thing . . . . . we are trying to be fair but also to keep the spirit of the law . He stated that his feeling was that the Board was not talking about an awful large number , may be a handful of cases and it ' s just a question of being fair to these people . Councilmaz Klein asked if approved meant final approval or preliminary approval . Town Attorney Barney replied that they were really going for final approval . He did not think that there were any that would fall within the change between preliminary and final . The intention here was final approval . Councilman Whitcomb remarked , suppose the original site plan approval or subdivision approval said nothing about the deposit or removal of fill and then the contractor , as a part of completion of that site plan , does in fact move material in or out . Is he then subject to law or is he grandfathered? Town Attorney Barney replied that he hesitated to answer that categorically . He felt that each individual circumstance should be looked at . If you have a site plan that clearly shows that there will have to be material taken out , whether the Planning Board specifically considered the removal or not , he would hate to go to court to defend any action . On the other hand , if after the adoption of the law somebody had a brilliant idea to put burins in where they were never shown on the site plan then he felt they would be subject to the new law. Councilman Niklas remarked that he did not think that the citation given for the particular case that the Building Inspector talked about was relevant in passing this particular local law . We have to look at the generic . LOCAL LAW # 7 - 1991 Motion by Councilman Niklas ; seconded by Councilman Liguori , LOCAL LAW' # 7 - 1991 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE EXCEPTING CERTAIN APPROVED SITE PLANS AND APPROVED SUBDIVISIONS FROM THE REQUIREMENT OF OBTAINING FILL PERMITS The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and thereafter further amended , and particularly further amended by Local Law No . 9 of the year 1990 and Local Law No . 13 for the year 1990 is further amended as follows : 1 . Article XIII , Section 70 , subdivision 3 is hereby amended to read as follows : Town Board Minutes 16 April 8 , 1991 3 . Removal or deposit of fill in connection with construction in accordance with a site plan approved by the appropriate Town Authority ( e . g . , Town Board , Town Planning Board , or the Zoning Board of Appeals ) provided that such construction occurs within three years of the final approval of such authority or by December 31 , 1992 , whichever is later . " 2 . Article XIII , Section 70 , subdivision 5 , last paragraph , is amended to read as follows : " In any event the exception granted by this subparagraph shall not apply to any construction which occurs more than three years after the granting of final subdivision approval by the Town Planning Board or after December 31 , 1992 , whichever date is later . " 3 . This Local Law shall take effect upon its publication as required by law . The Supervisor called for a roll call vote Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilman Whitcomb Voting Nay Supervisor Raffensperger Voting Aye Local Law No . 7 - 1991 was thereupon declared duly adopted . AUTHORIZE BIDDING FOR INLET VALLEY WATER AND SEWER PROJECT Town Engineer Walker stated that the acquisition of the easements for the project is underway . He anticipated having all the major easements in place by April 26 . If this is not put out to bid by April 26 it will throw the whole schedule off . RESOLUTION NO . 85 Motion by Councilman Liguori ; seconded by Councilman Niklas , WHEREAS , the final corrections to the plans and specifications for the First Phase of the Inlet Valley portion of the 1989 Water and Sewer Improvement Project have been completed by Stearns & Wheler , and the contract documents have been prepared for bidding , and WHEREAS , the Tcnipkins County Department of Health has approved the project plans and specifications , and WHEREAS , acquisition of easements is underway and is expected to be substantially complete by April 26 , 1991 , and WHO S , the projected project schedule developed by the Engineering Department indicates April 26 , 1991 as the targeted date for advertisement for bids , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the advertisement for bids of the First Phase of the Inlet Valley portion of the 1989 Water and Sewer Improvement Project . Town Board Minutes 17 April 8 , 1991 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . AWARDING OF BID FOR 1989 WATER AND SEWER IMPROVEMENTS - CONTRACT #3 - WEST HILL Town Engineer Walker noted that there were 16 bidders , the low bidder was LRS Excavating , Inc . , of Lansing , New York . The bid price was $ 177 , 786 . 00 . The engineers estimate was in the range of $ 210 , 000 to $ 220 , 000 and he felt this was a good bid . He also noted a two page memo , which the Board members have , of how contractors are to be evaluated . RESOLUTION NO . 86 Motion by Councilman Liguori ; seconded by Councilman Niklas , WHEREAS , bids for the Construction of Sanitary Sewer and Water Mains , 1989 Water and Sewer Improvements , Contract No . 3 , West Hill , have been received and opened publicly at 1 : 00 P . M . , on Friday , March 29 , 1991 , and WHEREAS , the bid documents have been examined for completeness by the Town Engineer , and WHEREAS , the bid proposals have been compared and the apparent successful bidder is LRS Excavating , Inc . , of Lansing , New York with a bid of $ 177 , 786 . 00 , and WHEREAS , -the Town Engineer has determined that this is a responsive bid , and WHEREAS , the Town Engineer has evaluated the contractor ' s capability and found that he meets the requirements of the Town of Ithaca and appears to be the lowest responsible bidder , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor of the Town of Ithaca to award the contract for the Construction of Sanitary Sewer and Water Mains , 1989 Water and Sewer Improvements , Contract No . 3 , West Hill to LRS Excavating , Inc . , of Lansing , New York , with the following conditions : 19 The contractor delivers to the Town of Ithaca three fully executed sets of Agreements ; 2 . The contractor delivers to the Town of Ithaca with the executed agreement the Contract Security (BONDS ) as specified in the contract documents ; 3 . The contractor delivers to the Town Engineer and Town Attorney such additional documentation as either may require to complete the evaluation of the bid . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . REAPPLYING FOR LOWER SPEED LIMIT ON WARREN ROAD BETWEEN HANSHAW ROAD AND THE VILLAGE OF LANSING Supervisor Raffensperger noted that the Board had information which indicates that the Town of Ithaca has applied to NYS DOT for a lower speed limit on Warren Road between Hanshaw Road and the Village of Lansing . New York State DOT turned us down . The Town Board Minutes 18 April 8 , 1991 Village of Lansing has requested that we reapply to NYS DOT because of the extraordinary changes in the speed limits along that section of road . It is really quite congested with two schools right along the road and one quite adjacent to it , a fairly large apartment complex , etc . The Village is willing to send us a resolution supporting our request and she stated that she would like to ask the Town Board to authorize the Town to reapply for a lower speed limit on Warren Road between Hanshaw Road and the Village of Lansing . Highway Superintendent Scott McConnell stated that he had talked to Ward Hungerford and the Town does have to apply to the State to reduce a school speed limit . Supervisor Raffensperger asked who had put it up without it being authorized? Mr . McConnell replied , that he had talked to Bill Mobbs and that it was a joint County and Town endeavor . In his opinion , if the Town was going to request a reduction in the speed limit for the rest of the area to 30 , then the school zone should be something less than 30 , like 20 or 25 . Supervisor Raffensperger replied that very often when we apply to DOT we do not try to set the speed limits , what we say is that we are asking for a reduction of the speed limit . A lower speed limit on Warren Road between Hanshaw Road and the Village of Lansing and we could say in addition , a reduction in the speed limit in the school zone as it presently exists . Councilman Niklas remarked that it was his recollection that the Town has had a number of requests , in the past , that have been declined and he recalled that after the last one , we were going to find out what recourse we would have to appeal . Other than simply requesting , is there any way in which a town can exert sane greater influence than just saying we respectfully request you to reconsider this ? Superintendent McConnell replied that he had also talked to Ward Hungerford about this . Mr . Hungerford stated that he has talked to the people that actually do the site visit and the determination and if they turn us down , and it has worked for the County a couple times , to ask them to reevaluate the request and actually drive it with them, and explain . Councilman Niklas asked , in our request could we communicate our willingness to drive with them may be somebody like the Town Highway Superintendent . If we indicate that willingness it might give us a better chance . Supervisor Raffensperger replied and we will send along the Village of Lansing ' s resolution supporting it . Highway Superintendent McConnell went on to say that he had discovered that Warren Road from Hanshaw Road down to Forest Hcn-e , the entire route , is 55 MPH . It ' s unmarked because it ' s not a reduced limit , at all . Supervisor Raffensperger remarked then if the Town should not ask for the speed limit on Warren Road frcm Hanshaw Road to the Village of Lansing line be reduced from 40 to 30 and that from Forest Hcme Drive to Hanshaw Road be reduced from 55 to 40 . RESOLUTION N0 . 87 Motion by Councilman Niklas ; seconded. by Councilman Liguori , Town Board Minutes 19 April 8 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby request the Highway Superintendent to apply to the New York State Department of Transportation through the Tompkins County Commissioner of Public Works for a reduction in the speed limit on Warren Road between Hanshaw Road and the Village of Lansing line . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . RESOLUTION N0 , 88 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby request the Highway Superintendent to apply to the New York State Department of Transportation through the Tompkins County Commissioner of Public Works for a reduction in the speed limit on Warren Road between Hanshaw Road and Forest Home Drive . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO RESTRICT PARKING ON MAPLE AVENUE Supervisor Raffensperger remarked that the Board had discussed this , no ;parking except for the area by the recreation way where we would pezmit parking for recreation way use only , not to exceed three hours . RESOLUTION NO , 89 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on May 13 , 1991 to consider restricting parking on Maple Avenue . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW TO REQUIRE OPERATING PERMITS FOR CERTAIN USES IN THE TOWN OF ITHACA AND PROVIDING FOR INSPECTIONS OF MULTIPLE DWELLINGS AND OTHER USES Building Inspector Andrew Frost stated that they had been , as required by State Law , inspecting a variety of properties essentially everything except one and two family residences . Multiple dwellings and apartment complexes are being inspected on a two year schedule . Other business establishments other than places of public: assembly are being inspected every two years . Place of public assembly that can accommodate 50 or more people , are done on an annual. basis . This will set up a mechanism for an application and paying the fees . Councilman Liguori asked if this was the primary purpose , to collect a. fee ? Mr . Frost replied , not necessarily . There are places out there that we don ' t know about , primarily multiple dwellings . Councilman Liguori questioned , such as health care facilities being inspected. by other agencies and the Town . He asked why would the Town duplicate this inspection . Town Board Minutes 20 April 8 , 1991 Mr . Frost replied , actually we find things and he felt there was a certain benefit to some duplication . For example , he did an inspection of Boynton Junior High School with the Fire Department and we salt' things that the Fire Department did not see and perhaps they saw things that we didn ' t see . The Hospital would have the State Health Department looking at more public health kinds of items . Councilman Liguori replied that the ones he was concerned about were the ones that were already permitted by other agencies and most of the time higher in suture than the Town . He went on to say that it seemed little . . . . he stated that he did not know what the proper term was . * . but for a Town to go into a hospital and make an inspection and require a permit to operate a complex facility like that? In his judgement it was absolutely out of the realm of -the Town Board , Supervisor Raffensperger stated that she had read the correspondence after the last inspection up at the hospital and it was helpful . Councilman Niklas asked if the proposed law could just say dormitories , hotels or motels providing sleeping accommodations ? Or , facilities providing sleeping accommodations for more than 10 people . Or you could say dormitories , hotels or motels with similar facilities providing accommodations for sleeping . Building Inspector Frost stated that he was curious why we have the number 10 for dormitories . Councilman Niklas went on to say that he noticed that B&B ' s are essentially not mentioned . Mr . Frost replied that a Bed & Breakfast as long as they are providing sleeping for more than 4 people would qualify as a hotel/motel . Councilman Niklas replied , but here it says hotels and motels providing for more than 10 people . Mr . Frost: replied that that was why he was questioning the Town Attorney as to where he got the figure 10 . Councilman Niklas remarked that if we wanted to handle B&B ' s here would be the opportunity to do this by changing the 10 people you could say dormitories , hotels , motels or similar facilities providing sleeping accommodations for "x " number of people . Mr . Frost: remarked that he should have spoken about this before tonights meeting but he would like to discuss , with the Town Attorney , the 10 people . Councilman Klein asked if rooms would be more appropriate ? Mr . Frost: replied there are a couple of ways to approach it . You could have a single building where sleeping accommodations are provided for more than 4 people and then the building automatically goes from an A-1 or A-2 classification to a "B " classification , multiple dwellings . More than 4 would be a key number for the hotel/motel and he supposed the same for dormitories . On the other hand , you. could have a motel complex with 4 bedrooms that each have 3 beds in them and then you have the capacity for 12 people which should be regulated . Supervisor Raffensperger asked , are we doing dormitories , hotels , motels or- similar facilities ? Town Board Minutes 21 April 8 , 1991 Councilman Whitcomb asked the Building Inspector for his recommendation . Mr . Frost replied that he felt they could be grouped together , dormitory ,, hotel , motel , and a place providing sleeping acccmrodations for more than 4 people , roamers , boarders , etc . Councilman Niklas suggested that B&B ' s be added . Councilman Niklas then suggested that this be worked up by staff . Town Attorney Barney remarked that if there was some strong feeling among the Board then he would like to put in what the Board felt would work , so we don ' t have to have another public hearing . Councilman Niklas remarked that he did not know if it was desirable to include B&B ' s . If the objective is to make B&B ' s meet safety standards . . . . . . . . Mr . Frost: stated , we can add hotels , motels , roaming houses , boarding houses . Councilman Niklas replied that he had said that offers similar sleeping accommodations . Supervisor. Raffensperger remarked that she thought the intent of what is meant is clear and if the Board did not have any objections that they could ask to have the language clarified and then it will be mailed to you before the public hearing . Councilman Liguori added , let ' s clarify that the revocations permit only applies to the New York State Fire Code and that the Building Inspector can ' t revoke it for any other purpose except for a violation of the New York State Fire Code , Mr . Frost replied that he did not know how significant a zoning violation would came in . Town Attorney Barney replied , use permits and operating permits are two different things . Use permits are permits for a particular use and usually an isolated use . The operating permit is a new permit that we are creating by this local law and it only covers the items in section 6 . 7 . The revocation applies to both . We can revoke a use permit: if the facts are different than shown in the permit or the application . He could revoke it for fire or he could revoke it for zoning or for any other matter that is different than was disclosed in the permit or found to be illegal . Councilman. Liguori stated that he felt there should be a statement of intent . It ' s the operating permit that bothers him , he said . Supervisor Raffensperger remarked that the Building Inspector is already doing these inspections because he is required to do them . They cost money for him to do and it seemed to her that the people , the canmlercial enterprises , who have these inspections done for them should pay at least a portion of the cost . This is part of this user fee that we are all going to have to cane to . Our other choice is to have it distributed across the whole tax base of the Town of Ithaca . Obviously sane of it already is , even if we have the fee schedule but it is on this basis that we are considering not only this but the second part of this which is setting a fee because we already do it . RESOLUTION NO . 90 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , Town Board Minutes 22 April 8 , 1991 RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 45 P . M . , on May 13 , 1991 to consider a local law to require operating permits for certain uses in the Town of Ithaca and providing for inspections of multiple dwellings and other uses . (Raffensperger , Whitccmb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . CONSIDER SETTING DATE FOR PUBLIC HEARING TO AMEND THE ZONING ORDINANCE REGARDING FEES FOR BUILDING PERMITS AND PROVIDING FOR USE PERMIT FE13S AND OPERATING PERMIT FEES Supervisor Raffensperger remarked that these are already functions that we are providing for commercial enterprises and this allows for a portion of the cost of that inspection to be recovered by the Town in the way of user fees . Town Attorney Barney remarked that there was two sections , Section 76A picks up the user fee and operating permit structure and the second page breaks it out into a sliding scale . Section 1 is a revision of the existing building permit application fee , they are all increased a little bit and there are a couple of additional tiers added , Councilman Klein asked how the fees now compare with the City of Ithaca ? Mr . Frost replied , still quite a bit less . Supervisor Raffensperger remarked that the Town of Ithaca ' s fees are quite comparable with other towns . Councilman Klein remarked that Ron Brand had suggested , when he did the analysis of the Town laws that these fees be part of municipal fees rather than the Zoning Ordinance . He asked if there was any validity to consider that and actually take it out of the Zoning ordinance . Town Attorney Barney replied that he did not think it was a bad idea to consider an ordinance or local law that just deals with fees and put everything we charge a fee for in that local law . He stated that , however , he would wait until the comprehensive planning process was completed because there will probably be more changes that will need to be made . RESOLUTION NO , 91 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca will meet and hold a public hearing at 8 : 00 P . M . , on May 13 , 1991 to consider amending the Zoning Ordinance regarding fees for building permits and providing for use permit fees and operating permit fees . (Raffensperger , Whitccmb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . APPOINTMENT OF DEPUTY HIGHWAY SUPERINTENDENT Highway Superintendent McConnell stated that this had been discussed with the Public Works Committee and the intent is that during the unexpected absence of himself or any other Highway Superintendent there should be someone who is knowledgeable and Town Board Minutes 23 April 8 , 1991 qualified for the position and able to take over until the Superintendent can return . Councilman Klein asked if this should be given to the Personnel Committee for their consideration and a job description for the position? Supervisor Raffensperger replied that when the Highway Superintendent has developed the criteria for the position then it should go to the Personnel Committee for approval of the job description . RESOLUTION N0 , 92 Motion by Councilman Niklas ; seconded Councilman Liguori , WHEREAS , the need exists to insure continuity in the event of unexpected or long term absence of the Highway Superintendent . This would be accomplished by having another person familiar with the process , record keeping , work schedule , man power and assets , etc . , and WHEREAS , appointing a Deputy Highway Superintendent would insure that there is a second person available and capable of performing the duties; and responsibilities of the Highway Superintendent , and WHEREAS , Fred Noteboan , an employee of the Highway Department is capable of learning all the tasks and is qualified for the position , NOW FORE BE IT RESOLVED , that the position of Deputy Highway Superintendent be created , and IT IS FURTHER RESOLVED , that Fred Noteboan be appointed as the Deputy Superintendent at no change in Mr . Noteboom ' s present compensation for the time being . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays, - none) . AUTHORIZING ATTENDANCE AT NEW YORK STATE LAND INSTITUTE CONFERENCE IN SYRACUSE , NEW YORK RESOLUTION' NO , 93 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes attendance by up to a total of three members of the Conservation Advisory Council and Town Planning Department staff at the New York Land Institute , Inc . , seminar entitled "Municipal Regulation of Freshwater Wetlands " , to be held in Syracuse , New York on April 27 , 1991 , at a total cost not to exceed $ 225 , to be paid out of Account No . B8020 . 407 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . AUTHORIZE BUILDING INSPECTOR/ ZONING OFFICER TO ATTEND BUILDING OFFICIALS :EDUCATIONAL CONFERENCE RESOLUTION NO , 94 Motion by Councilman Niklas ; seconded by Councilman Klein , Town Board Minutes 24 April 8 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Building Inspector/ Zoning Officer Andrew Frost to attend the Sixteenth Annual Building Officials Educational Conference , April 15 , 16 , 17 , 1991 in Rochester , New York , at a cost of approximately $ 300 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye , Nays - none ) , ATTENDANCE; AT SMALL FLEET MAINTENANCE SEMINAR RESOLUTION NO . 95 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Highway Superintendent Scott McConnell to attend the Small Fleet Maintenance Seminar in Syracuse , New York , April 10 , 1991 at an, approximate cost of $ 200 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . AUTHORIZE PAYMENT OF SCLIWC INVOICES PRIOR TO MONTH AUDIT MEETING Supervisor Raffensperger noted that the Bolton Point Commission passed and has asked us to pass a resolution to allow them to pay invoices prior to the monthly audit meeting . She stated that the Health Insurance should be deleted from the proposed resolution . Town Attorney Barney noted that the resolution should also say that the rentals are all for the term of one year or more . RESOLUTION N0 . 96 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Southern Cayuga Lake Intermunicipal Water Commission Treasurer to pay the following invoices prior to the month Audit Meeting . New York State Electric and Gas Corp . , New York Telephone Company , AT & T rental agreements , Chicorp Financial Services for rental of the Data General MV2000 computer , Tompkins County Trust Company for rental of MITA copier and payroll with the understanding that the rentals are all for the term of one year or more . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . APPOINT wr OF TOWN OF ITHACA DOG ENUMERATOR Supervisor Raffensperger noted that a notice was put in the Newsletter and Brian McKelvey , who lives in the Town of Ithaca , wished to do it . She stated that she and the Town Clerk have talked to him and she felt he was an excellent person for the position . He has already started and in a very short time has enumerated 53 dogs , 28 of those were unlicensed . RESOLUTION N0 . 97 Motion by Councilman Niklas ; seconded by Counci lman Whitcomb , Town Board Minutes 25 April 8 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the appointment of Brian McKelvey of 816 Hanshaw Road as the Town of Ithaca. Dog Enumerator starting April 1 , 1991 , and FURTHER BE IT RESOLVED , THAT Mr . McKelvey be paid $ 1 . 00 per dog enumerated and 26 cents per mile in mileage to perform said enumeration . (Raffensperger , Whitccmb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . ' FEBRUARY AND MARCH TOWN BOARD MINUTES RESOLUTION NO . 98 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the February 1991 and March 1991 Town Board minutes as presented by the Town Clerk . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye , Nay: - none) . WATER ACCOUNT REFUNDS RESOLUTION N0 . 99 Motion by Councilman Niklas ; seconded by Councilman Liguori , ( 1 ) WHEREAS , a meter reading error was made on March 1991 water billing and the owner paid the incorrect bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of + Ithaca hereby authorize a refund of $67 . 49 for water , $ 9 . 89 water surcharge , $ 44 . 88 sewer and $ 4 . 72 sewer surcharge , total refund of $ 126 . 98 be made to Lemuel Wright , 1035 Hanshaw Road , Ithaca , New York , Account Number T- 1342 . ( 2 ) WHEREAS , Mr . and Mrs . Tracy Brooks are unable to read their own water meter consequently the bills have been estimated , and WHEREAS , when an actual reading was obtained it was found that their consumption was much lower than the estimated bills , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 103 . 81 for water , $ 15 . 32 water surcharge , $ 8 . 93 penalty , total refund of $ 128 . 06 be paid to Tracy Brooks , 1226 Trmmansburg Road , Ithaca , New York . Account Number B-279 . ( 3 ) WHEREAS , the owner of the property located at 1095 Taughannock Boulevard has been receiving estimated bills , and WHEREAS , when an actual meter reading was taken it was determined that the estimated bills exceeded the actual consumption , No] THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 106 . 49 for water , $ 15 . 75 water Town Board Minutes 26 April 8 , 1991 surcharge ,, $ 80 . 93 sewer , $ 7 . 46 sewer surcharge and $ 16 . 55 penalties ,, total refund of $ 227 . 18 be paid to Barbara Yale , 211 Fall View Terrace , Ithaca , New York . Account Number B-4304 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye , Nay: - none ) , ATTENDANCE AT TCAD WORKSHOP Supervisor Raffensperger stated that she did not know if any Town Board member wishes to join a group going to this . She asked if any of the Board members wished to attend? Councilwoman Leary replied that there was something about it that bothered her . She went on to say that in the other description they sent , there was a brochure they sent with it and it assumes that development is good . AT=ANC]EI AT SOCIAL TRENDS AND OUTLOOK CONFERENCE AT CORNELL UNIVERSITY RESOLUTION N0 . 100 Motion by Councilman Liguori ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize any Town Board member who wishes to attend either TOAD Workshop to be held either April 24th , May 1st or May 8th at the Owego-Apalachin Middle School or the Social Trends and Outlook Conference at Cornell University , May 1 and 2 , to do so . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . RATIFY THE ADVERTISEMENT FOR SECRETARIAL ASSISTANCE TO CAC RESOLUTION NO . 101 Motion by Councilman Niklas ; seconded by Councilman Liguori , WHEREAS , the Town Board of the Town of Ithaca at their December 10 , 1990 meeting authorized the Conservation Advisory Council to hire a clerical person to transcribe the minutes of the CAC meetings during 1991 at a price not to exceed $ 1 , 000 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the advertisement to fill said clerical position . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . PROCEDURES FOR ADVERTISING PAINTING EXTERIOR OF TOWN HALL AND PROPOSED TERMS Supervisor Raffensperger stated that she and the Town Clerk had had a discussion on this today and with the concern about what the State of New York was planning on doing to us , and the fact that she had made a tour of the outside , it appears to her that at least for this year it ' s difficult to justify doing any painting except basically up at the top where it is pealing so badly . The remainder of the paint looks to be in fairly good condition . She Town Board Minutes 27 April 8 , 1991 went on to say that it would not have to be bid because it was just the trim work . Town Attorney Barney went on to say that Councilwoman Valentino had requested that terms for any bidding be that the Town would pay prevailing wage rates , that there be at least 50 % of the workers from Tompkins County and a document showing past health and safety records . He felt this was a policy decision . Naturally you don ' t want somebody working with a poor safety record but he did not know if this had to be spelled out as part of the initial arrangements . Supervisor Raffensperger noted that Councilwoman Valentino had given her a list of painters but the Town Clerk will contact as many painters as we can to have them give us a price . She asked the Board if they wished to have each one of them guarantee that they hire 50 % of their workers from Tompkins County and to document their past: work and health and safety records . Councilwoman Leary remarked that she felt the requirement of 50% of the workers must be from Tompkins County was a good requirement because we have to take care of the people who live in Tompkins County first . RESOLUTION N0 . 102 Motion by Councilman Niklas ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the solicitation of prices for the painting of the trim on the Town Hall and to request that the contractors hire 50 % of their workers from Tompkins County and to document their past work and health and safety records . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . CHANGE ORDER ON TROY ROAD WATER TANK RESOLuTioN N0 . 103 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , WHEREAS , wet site conditions along the route of the access road to the Water Tank site that were more severe than the original plans anticipated , required the use of stabilization geotextile and additional gravel base material to provide an access road of the required quality , and WHEREAS , -the electrical control system and telemetry did not require all of the modifications at the Bolton Point control panel and at the Oakcrest pump station as originally shown on the plans allowing certain electrical components to be eliminated from the contract , and WHEREAS , the Bolton Point staff recommended a change to the plans involving eliminating the Electrical Manhole and installing the tank level. monitoring equipment in an above ground prefabricated shelter , and WHEREAS , the Engineer ( Stearns and Wheler ) has modified the drawings and specifications to incorporate these changes and the Town Engineer has determined that these modifications are reasonable and necessary , and Town Board Minutes 28 April 8 , 1991 WHEREAS , the modifications have been presented to the Contractor by the Engineer , and the Contractor has prepared a cost proposal to make these changes , which the Engineer has reviewed and recommended acceptance of , and WHEREAS , the modifications will result in a net decrease in the Contract sun of $5 , 039 . 00 , from the original contract sum of $ 256 , 967 . 00 to a new contract sum of $ 251 , 928 . 00 , NOW 'IHUM;`ORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts Change Order # 1 to The 1989 Water and Sewer Improvement Project Contract # 1 , Troy Road Water Storage Tank , and authorizes the Town Supervisor to execute same . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION N0 . 104 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated April 8 , 1991 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . $ 85 , 467 . 93 General Fund - Outside Village . . . . . . . . . . . . . . . . $ 40 , 053 . 99 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 , 553 . 15 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 133 , 535 . 06 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 40 , 440906 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . $ 696 . 35 ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 105 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Bolton Point Warrants dated April 8 , 1991 , in the Operating Account are hereby approved in the amount of $ 82 , 417 . 32 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION N0 . 106 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss possible land acquisition . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . Town Board Minutes 29 April 8 , 1991 OPEN SESSION RESOLUTION NO . 107 Motion by Councilman Niklas ; seconded by Councilman Whitccanb , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye , Nay; - none ) . ADJOURINMIT The meeting was duly adjourned . .�J To Clerk