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HomeMy WebLinkAboutTB Minutes 1988-07-11TOWN OF ITHACA REGULAR BOARD MEETING July 11, 1988 At a Regular Meeting of the Town Board of the Town of Ithaca, Totipkins Comty, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 11th day of July, 1988, there were: PRESENT: ABSENT: ALSO PRESENT: n Noel Desch, Supervisor Henry McPeak, Councilman Robert Bartholf, Coxmcilroan Patricia Leary, Councilwonan Shirley Raffensperger, Councilwonan Thonas Cardman, Councilman John Ozolins, Highway Superintendent Robert Flumerfelt, Town Engineer John Barney, Town Attorney Doria Higgins, 2 Hillcrest Drive J^rtle J. Whitconib, 233 Troy Road John G. Whitconb, 233 Troy Road Mildred Brammer, 249 Troy Road Charlotte Bosworth, 255 Troy Road Bonnie Simpson, 112 Pine View Terrace Ron Sinpson, 112 Pine View Terrace Salvatore Grippi, 423 East Seneca Street Rosalind Grippi, 423 East Seneca Street Ton Darling, 111 Pine View Terrace Leslie Smith-Darling, 111 Pine View Terrace Fred T. Wilcox III, 629 Highland Road Richaid B. Fischer, 135 Pine Tree Road Robert Cotts, 115 Northview Road Charles Nocera, County Youth Bureau Nancy Zahler, County Youth Bureau Janice Esroan, 903 Triphammer Road Beverly Livesay, Board of Representatives Representatives of the Media: Fred Yahn, Ithaca Journal Jay Ledlowslay, WVBR News Ken Hughes, Channel 7 PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. REPORT OF TOWN OFFICIALS Supervisor's Report Health Insurance - Ehipire Plan Supervisor Desch reported that he had learned late Wednesday about specific rate adjustments in the Entire Plan resulting from the State legislature requiring their deficits to be recovered over a four year period rather than one year. This will result in a Town Board Minutes 2 July 11, 1988 refund to the Town of about $4,700 and for Bolton Point of about $3,300. Dates Drive Supervisor Desch announced that the ribbon cutting for the opening of Dates Drive will take place at noon on July 20. Ccniprehensive Planning n The Supervisor noted that the staff is moving forward to develop ' the request for proposal. The Town Planner will have more to report. He stated that his reccnitiendation to retain Tan Niederkom on a retainer basis is also being considered. The Planning Board will be having the first public hearing on the preamble to the Ccmprdiensive Plan on August 2. Water Problems Supervisor Desch stated that he was pleased to announce that most of the area on West Hill where the public water system is being installed will be available for hook up, just in time, considering the drought. The Town engineering staff will be looking into further extensions beyond the new service area. Property owners interest in public water and better fire protection should write to the Town Board expressing their needs. Six Mile Cre^ Watershed Supervisor Desch noted that he had met with Mayor Gutenberger and Si:ipervisors Kone and Cotterill to discuss the scope of a study of needs to enhance and protect the watershed. The Planning staffs of Town, County and City will meet to prepare the first draft of such a study scope. ! j Kyong Project The Supervisor stated that he had prepared a draft resolution referring the project back to the Planning Board. However, he had not known that two of the Board members would not be present at the July Town Board meeting. He stated that he believed that the full Board should have the opportunity to consider such a referral and, therefore, he proposed that the motion sirtply be put on the table until after the adjourned hearing on August 8. Connie Allen Supervisor Desch noted that this would be the last meeting for Assistant Budget/Personnel Officer Connie Allen and that he would like to take the opportunity to thank Connie for the outstanding job she has done for the people of the Town of Ithaca. Through her efforts we now have a very strong accounting, avtditing and personnel operation. In the nine years she has achieved every objective the Town has set up for her department in a quiet, professional way. Cornell is fortunate in attracting Connie to serve on their staff. 17 |M| The Supervisor went on to say that the Personnel Committee will be looking at the job description, at it's August meeting and in the meantime we have an agenda itan to bring in a temporary person to support the Highway Department so that our remaining staff can begin the process of developing the 1989 budget. Possible Future Conflict of Interest Town Board Minutes 3 July 11, 1988 S\:^)ervisor Desch stated that he wished to disclose, at this time, the possibility of the sale of approximately 50 acres of land that he and his wife owns jointly with others on East King Road to a group of local developers to be known as Southwood Associates. Although such disclosure would only be necessary in the event a particular action would ccme to the Town Board he wanted to state publicly that he has not had any discussions with Town staff with regard to the develcproent proposal nor will he have any involvement with Town Board action or staff reccnmendations. Siapervisor Desch stated that he has no interest other than the sale of the land. Town Engineer's Report Water and Sewer Extensions Town Engineer Robert Flumerfelt stated that all the water and sewer nains are cotpleted, they have been flushed and tested by Vacri Construction for Phase I, except for the Canpbell Avenue sewer. That work is expected to be staarted during the week of July 18th and diiring that time there will be seme blasting required. We are arranging for the detour to be on Brookfield Road. The hydrophenuroatic pump booster station is expected to be operational by the end of next week, their installing the electrical power now and the contractor is aibout 90% ccnplete so people should soon be able to use the water and sewers on that system. F. Rizzo, the contractor on Taughannock Boulevard reached the townline today with the water and sewer. There is a 400* stretch which he skipped over because he ran into rock. They should be all finished by the end of next wedc. We have also held another meeting with the Taughannock Boulevard residents vhere we have explained the procedure Thereby most people will be able to install their water and sewer services on the surface of the ground, if 1 I they want to, inside a 6" conduit with a heat cable. This should i I save people a lot of expense by not having to trench through the woods and down the rocky cliffs. The Town Engineer went on to say that the flushing and testing of these water and sewsr lines remain to be done as well as the road shoulders. The contractor is about 85% complete. East Shore Drive Sewer Town Engineer Flumerfelt reported that arranganents are being made for soil borings there which are required v^ere the sewer lines are on Conrail property and necessary also for our planning. We are continuing to revise the alignment of the sewer to keep away from the railroad as far as possible and in as many places as possible. We anticipate being able to put the sewer in the west shoulder of the road on the north end of the job and get away fixm the railroad in that area. Harris B. Dates Drive The Town Engineer noted that the Harris B. Dates Drive up ty the hospital, that the contract work by Hill Construction has been conpleted. The Town's Highway crews are making the cut through the center island in the present hospital entrance road and widening the present hospital entrance road slightly so it will be easier for cars to make left turns. The Parks Department crew have completed the top soiling and seeding of the area and they are now planting trees. Infiltration/Inflow Study n Town Board Minutes 4 July 11, 1988 Town Engineer Flumerfelt stated that the Infiltration/Inflow Study of the sewers in the northeast section of the Town is continuing and we are hoping for a good soaking rain to get sate data on wet weather conditions. Air Conditioner The Town Engineer went on to say that the roan where Michael Ocello WDrks, v^ch has the autocad equipment, gets very hot and the little air conditioning outlet just does not do the job there. We would like to get a window unit which will cost around $310 for a 5,500 BTQ unit. 1 I Town Water System Maintenance Management Town Engineer Flumerfelt noted that they would be instituting a Town water system maintenance management program. Paitis of it have been started but basically for our own information and in conjunction with Bolton Point Water Conmission we need to establish a system of operational reports and trouble reports to monitor water main breaks and mechanical failures and keep track of the causes and contributing factors to these failures and reccrannend ways to prevent reoccurrence. They will monitor the electrical consultation of each pump station and pressure reducing station and also ccmplete as-built drawings of the water and sewer extension. Miscellaneous The Town Engineer went on to say that there is continued review of several subdivisions. He noted also that the Plumbing Review Advisory Board meets every two we^s and that he has been attending those meetings. Discussions have centered mainly around the procedure for inspecting water installations in the Town of Ithaca and other municipalities that are members of the Conmission. . j RESOLUTION NO. 183 Motion by Councilman McPeak; seconded by Councilwoman Leary, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the purchase of a 5,500 BTU air conditioner at a cost of approximately $310 for the office of Michael Ocello, Assistant to the Engineer. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). Town Planner's Report Town Planner Susan Beeners reported that she and Assistant Town Planner George Frantz had attended a Donographics Workshop that the Human Services Coalition had in June. Also, they met with McGraw House representatives \^o are looking at long range programming for elderly housing. We discussed seme of the possibilities as far as locations in the Town and the types of housing mixes that there might be within a senior citizen housing development. n The Town Planner went on to say that as far as the Ithaca Transportation Sxarvey goes, there was a meeting on the 30th to discuss some of the survey data that they have. Another meeting has been scheduled for August 3rd. The results of the Travel Transportation Survey should be very helpful as far as the different jurisdictions coming to seme consensus about traffic impact and seme solutions. Town Board Minutes 5 July 11, 1988 Cornell is currently engaging a landscape architectal type planning firm to study the Cornell campus and adjacent areas in the Town and other municipalities. She stated that she had attended a meeting with the consultants, they are scheduling meetings with neighborhood groups, the Board of Representatives and also professional staff to get input as they proceed along in looking at long range planning. The Town Planner went on to say that a lot of time is spent doing ^""^1 citizen inquiries and responding to questions about different j developments, all part of the planning process. Also, we continue to conduct a considerable amount of development review. She noted that attached to her report are copies of the agenda for last month showing the progress of various items. There has been continued work on the Request for Proposals, dealing with the comprehensive plan and a consultant. She went on to say that they have also been conducting land use surveys in different neighborhoods, specially in regard to occupancy, single and two family dwellings. Town Planner Beeners noted that the Board also had copies of the Parks and Open Space Managers Report from Rich Schoch and as you can see there is a good amount of both maintenance involved and also progress as far as new construction goes. Adding a nice row of pines to the entrances of our recreational trails, adding seme improvonents to the Coddington Road playfield and some assistance in getting Dates Drive ccmpleted. With help from the Highway Department, the Grandview park site has been graded and we expect to have meetings with the neighbors around the park site before the August Town Board meeting to discuss a revised plan for the site which is based, on their ccraments of \tot they would like to have there. Generally there has been an opinion that an active play site is not really needed at that location and that most of the kids in the Grandview neighborhood seem to use the Youth Bureau services. The general consensus for the park type was to have a couple of informal fields with natural areas to include such things as blue bird boxes, etc. Councilwoman Leary asked about the firm that Cornell has hired. She questioned if the Town Planner had said they were landscape architects? Town Planner Beeners replied, they are landscape architects, engineers. They are based in the Boston area, a large firm. Its rather iiipressive that they have been, every couple of we^s or every month, holding meetings to receive input as to what we foresee as problems and opportunities in our community in the general East Ithaca and northeast area. Councilwcman Leary asked vtot the demographic workshop was about? Town Planner Beeners replied, that she expected it to be a little more technically oriented. There was a fairly general interest group there hearing presentations by Harry Missirian, people from American Demographics were there. It basically described \tere do you start \^en you need to find information on demographics. They expect to hold another one and it will be a little bit more specific. Highway Superintendent's Report Highway Superintendent John Ozolins reported that in the way of vehicle maintenance a new front end for Truck #5 has been ordered. The mower was down for approximately two weeks waiting for parts, vdiich as a result we got a lot of calls during that time frame from Town Board Minutes 6 July 11, 1988 people needing grass cut around shoulders, etc. He stated that it is back into operation. He noted that the Assistant Zoning Officer's car had its brakes overhauled. The Highway Superintendent went on to say that all of the roads vhere they could put down shoulder have been done. The only exception to that is Coy Glen because for a certain stretch along that road there is no place to put shoulders. Consequently, we are putting gravel, filter fabric and pipe and more gravel so that the ^ ditch will be i^le to carry water as well as providing seme type of n i area to get off the road. We have spent a couple of days removing brush up on Kenwick Drive, also a spray was used on Elm Street and Culver Road to see how well that works. Slurry sealing is tentatively scheduled to begin next we^. Surface treating will be done on Stone Quarry Road on July 28th, paving of Indian Creek, and Happy Lane on August 15th, depending on the contractor leveling out the area. Delivery of the first truck should be within the next two weeks, then the box and snow equipment will be installed. The exhaust system for the Highway Bams, we have one estimate of $25,000, however, a more recent estimate on a scaled back version of it is aj^roximate $12,000 to $13,000. The Highway S\:5)erintendent went on to note equipment costs and budgeting for next year. He noted that seme of it, like the truck has already been completed, however, before any kind of planning and developing specs he needed to get some kind of a feeling from the Town Board. Highway Truck #10 has rusted out on the floor boards. Parks Truck #9 it's an older truck and the floor boards are gone from rust, replacement of the Town Engineer's car. He stated that he would write up the specs for a vdiicle approximate the size of an S-10 Blazer, the Town Engineer's car would become the mechanics car and the car he was currently driving would revert to the Town Engineer. Two portable radio with chargers so that vrtien road construction is being done, the flagmen can talk back and I forth plus one radio for the car. t Building Inspector/Zoning Officer's Report Building Inspector/Zoning Officer Andrew Frost stated that the number of building permits were down quite a bit from last year. Last June seotied to have been the busiest month ever recorded. However, there does seem to be less construction going on compared to last year. Permits last year were being issued to Grandview Subdivision and Ccmmonlands, Coitsnonlands being essentially ccnpleted now. He felt that at some point everything was going to hit at once but right now everything was quieter than usual. He went on to say that based on the number of Certificates of Conpliance, there seems to be a lot more houses being sold. Complaints investigated compare pretty much with the number last yecu:. We still have a number of cases that went through the Court and have now been resolved. We have had cases go through the Courbs, had people arrested and the complaints still aren't resolved yet. There were two meetings in June of the Zoning Board of Appeals. We had a total of nine hearings in June. j UPDATE OF YOUTH SERVICES COyiPREHENSIVE PLAN Supervisor Desch introduced Sam Cohen, the new Director of the City Youth Bureau. 'c)Z Town Board Minutes 7 July 11, 1988 Nancy Zahler introduced Charles Nocera, vjho will be the new Director of the County Youth Bureau during her one year leave of absence, starting in August. Supervisor Desch remarked, as you know we have received a considerable about of information coning out of the master planning process dealing with Coxmty Youth Seirvices. He noted that July looks like a pretty critical month, another major workshop has been scheduled for July 27, We have sane hcmework to do to fill out seme forms to prioritize as what we in the Town of Ithaca now see as needs for Youth Services in the future. He noted that once that workshop is over, the Ccnmittee will take the information and go back with it. He then asked Comty Representative Beverly Livesay ^0^ vhat did she expect would happen from that point, as she saw it? County Representative Beverly Livesay replied, what's going to happen after that meeting on the 27th, is that hopefully everybody will know, at least for 1989, v^iat it is they intend to do. And also an idea of vhat needs to be worked on in the future. She went on to say that really the reasons for the timing is for the Town's that are putting their budget together. The other issue that keeps caning up and is in the information you have been given is, should the County Board pick up sane of these services and if so, how, why and etc. She felt the County Board was going to want to hear from the municipalities what services they feel should be provided by the County Board, if any. She felt the County Board was looking to each municipality to really have a grip on what is really needed in their own ccmmunity. Since the County does deal in human services and mental health services in correction, etc., if you feel sane of these things are just beyond a Town Board's ability to deal with and you think this is a County responsibility to take that over, then the municipalities should let the County know this. The decision making process is pretty much the Towns, it's up to the Town to decide vhat they want to do and how you handle this. Supervisor Desch asked County Representative Livesay if it was her view that in the case of the TOwn of Ithaca we should be having separate meetings with the City of Ithaca? Mrs. Livesay replied that this was one possibility. She went on to say that she thought the Towns might do well to consider this among themselves. After you have considered it yourself you might want to know what positions the other Town are talcing. Supervisor Desch replied, we are having a meeting, just a Town of Ithaca meeting on Thursday. Mrs. Livesay went on to say that the City Common Council has taken a position that they are really not interested in sanebody buying twenty hours of service here and there, they want to see seme kind of an overall solution to this problem. Sam Cohen replied that he thought the City's position was that it would be too difficult to deal with making decisions on individual programs. As far as making decisions that separates some of the department, he felt that was open to discussion. You have a recreation department you have art recreation main streaming and then you have youth development and then GIAC. I Nancy Zahler renarked, at the workshop on the 27th, it was hoped ; that people would send back the written survey so that we will have sane idea as to which options municipalities are interested in pursuing. Hopefully on the 27th we will give any and all municipalities who expressed interest in possibly negotiating with the City of Ithaca the chance to meet together. Town Board Minutes 8 July 11, 1988 Mr, Cohen ronarked that Nancy Zahler and her staff had done a reniarkable job in creating sane particular alternatives that are layed very clearly and that actually show you the tax dollars if you have choose a particular alternative. SEASON PASS TO CASS PARK SWIMMING Supervisor Desch noted that several requests have been received for this and as he understood it, in the case of the Cass Park Programs, the rates outside the City are double the inside rates, not triple. He asked if that was correct and viiat period does that cover? Mr, Cohen replied, that to his knowledge, and he probably needed to check it to make sure, he assumed this was for a full year. He stated that he was under the impression it was the full Cass Park season, not just the swiirming season. It was decided that it was the swirtming season only. Supervisor Desch went on to say that we have been asked to consider this item, he asked if there were any conments from the Board, He noted that he has received less than ten inquiries but if we should go forward with the reimbursement he was not sure how many more would be getting. Basically, the Town would be reimbursing, depending on the size of the family, $11,00, $16,00, $22,00, $33,00, $38,00 and $44,00, Financially he saw no problem since we are below our projected cost, RESOLITTICN NO, 184 Motion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the TCwn of Ithaca hereby authorize that participants in the Cass Park swirtming be included in the reirribursement program, (Desch, McPeak, Bartholf and Leary voting Aye, Nays - none), REPORT OF COUNTY REPRESENTATIVES County Representative Beverly Livesay stated that she had nothing to report but she did have a couple of things to ask about. One is the flood control project up on Hungerford Hill and the other one she could not remember vtot it was, however, she had seen the recotroendation and wondered if they met approval, Tbwn Engineer Flumerfelt replied that one was on East Shore Drive and one on Hungerford Hill, He went on to say that he felt there was a solution to the Hungerford Hill drainage problem that will enable us to pull that request back from the County, Supervisor Desch asked how the East Shore Drive request rated? Mrs, Livesay stated that she had seen it in the packet of things being looked at but that she had a conflict the day that the tour was on, so she just wanted to touch base here and see if you folks felt she should be concerned about it, Mrs, Livesay went on to say that she would like feedback on the recycling effort the County would be making, A little earlier in the Phase II report there was a recommendation about picking various areas and looked like the eastern section of the Town of Ithaca would be one of the target area. After that report came out Town Board Minutes 9 July 11, 1988 there was a different approach, that she noted she had mentioned, and that was to let the municipalities bid on it in vtetever form they wanted to. Now there has been a change back fran that because of the difficulties of having municipalities bid on something. So it's back to the Phase II report. At the earlier time we had spoken about your having an interest in it and finding out about and being in the pilot study. She wondered what the Tbwn's interest was now in the project. Supervisor Desch felt it would be very helpful if Barbara Eckstrcm and staff members met with the Board in a work session to discuss ideas. SET DATE FOR PUBLIC HEAKENG TO AMEM) THE TRAFFIC ORDINfiNCE PROVIDING FOR PROPER SIQC^SE OH DATES DRIVE RESOLUTION NO. 185 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the TOwn of Ithaca will meet and conduct a public hearing at 6:45 P.M., on August 8, 1988 to consider an amendment to the Town of Ithaca Traffic Ordinance to provide for proper traffic signage on Dates Drive. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO AMEND THE TRAFFIC ORDINANCE TO BAN THROUGH TRUCK TRAFFIC ON HONNESS LANE RESOLUTION NO. 186 Motion by Sijpervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6:50 P.M., on August 8, 1988 to consider an amendment to the Town of Ithaca Traffic Ordinance to ban through truck traffic on Honness Lane. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). REORGANIZATION OF THE PARKS DEPARTMENT Supervisor Desch remarked that the proposal that was reviewed by the Personnel Conmittee basically the reorganization would involve the realignment of the Parks operation as a subpart of the Highway Department so that the resources in both the Parks Department and the Highway Department can be effectively utilized throughout the four seasons of the year. Right now, obviously, the Highway Department has different peaks than the Parks Department so you have slippage in the use of resources there. So the Personnel Ccmmittee unanimously supported the realignment. RESOLUTION NO. 187 Motion by Councilman Bartholf; seconded by Councilworoan Leary, RESOLVED, that the Tcwn Board of the TCwn of Ithaca hereby authorize the realignment of the Parks Department operation \inder the si:pervision of the Town Highway Stperintendent. (Desch, McPeak, Bartholf, and Leary voting Aye. Nays - none). f ,(j V ' o Town Board Minutes 10 July 11, 1988 APPOINIMENT TO THE NORTHEAST SEWER Si:5)ervisor Desch stated that by way of background, we are the recipients of a letter frcm the Mayor of the Village of Lansing suggesting the formation of an intermunicipal sewer conmittee, with the idea of identifying alternatives to overcome the problon with the Village of Cayuga Heights sewage treatment plant vMch, depending on who you talk to, is at or near capacity. The idea would be is that there would be two representatives from the Town of Ithaca, two from Cayuga Heights, two from the Village of Lansing, two from the Town of Lansing and two from the Town of Dryden, There may be some participation by the City of Ithaca. We have been, from the Town of Ithaca side, trying to convince the other participants that it would be wortln^le to streamline the effort there, we already have a water commission comprised of the same municipal participants and it would seem that we ought to be able avoid to creating another bureaucracy and basically cover the same type of service. The Supervisor went on to say that he felt it was worthvdiile for the Town of Ithaca to participate. We obviously have part of our Town serviced by the Cayuga Heights currently. He stated that he talked with George Kugler about the possibility of his serving. Mr. Kugler along with myself are the two representatives on the water commission and he has expressed a desire to do that. Mr. Kugler is now retired and feels that he has the time to participate. PESOLUTK^ NO. 188 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby appoint George Kugler and Supervisor Desch as the Town of Ithaca representatives on the Northeast Sewer Committee. (Desch, McPeak, Baartholf and Leary voting Aye. Nays - none). ' i SOUTH HILL TRAIL Assistant Planner George Krantz noted that at the Icist Town Board meeting there were seme requests by the Board for seme clarifica tions to the budget for the South Hill Trail. He went on to say that on May 8th the Town Board approved authorization for the TOwn to apply for a grant from the State for $58,000 to construct a bicycle/pedestrian way from Buttermilk Falls, along the old railroad track, through the City and continuing eastward toward the 30' Dam on Six Mile Cre^ Gorge, called the lower railroad grade, then it would cut \:ip to the upper railroad grade at or about Juniper Drive. Continuing eastward to the Coddington Road Community Center. There would also be a spur westward frcrni Juniper Drive to the intersection of Coddington Road and Hudson Street. The original request was for $116,000, however, as we worked with the Finger Lakes State Parks Commission who owns the railroad bed from Stone Quarry Road to Buttermilk State Park, they did express some reluctance in going forward with that segment of the trail. The reason for the reluctance is that in 1983, the City, the TOwn and the Finger Lakes State Park Commission signed an agreement to develop a recreation trail to extend from Allen H. Treman to ^ Buttermilk Falls State Park. The State's priority is to see that trail built first before extending it from Buttermilk Falls to Aurora Street. We found it wasn't really feasible to extend it from Bums Road to the Coddington Road Community Center because there wasn't an available right-of-way. Homes line Coddington Road on the North side and there wasn't any way of putting a trail in without going through the yards of residential properties. So the budget dropped from $116,000 to $97,526. Also, in preparing the S9c Town Board Minutes 11 July 11, 1988 budget we had some additional costs, the largest of v^ch is the acquisition cost for the railroad right-of-^y beginning at Coddington Road and Hudson Street to Bums Road. It's currently owned by NYSEG and they have indicated that they would not grant the Town an easonent for that, so we budgeted $18,000 for acquisition of the railroad right-of-^y. Other cost increases were landscape plantings and additional v^icular barriers especially in the area trail from Hudson Street to the vicinity of the 30* Dam. I Mr. Krantz went on to say that after discussion with the City Board of Public Works and also the City of Ithaca Planning and Development Board, they did have seme concerns and we did address them in the application. Then sate of the estimates had to be revised, such as the grading and paving upwards based on updated cost data for those items. That's how we came up with the total cost of $97,000 of which the Town share $48,763. Supervisor Desch replied, the $48,763 is dcwn frcm the earlier estimate of $58,00. Assuming we get a grant this could be spread over two years and would include in kind services such as parks and highway labor. Mr. Krantz replied, yes this could be a two year project and it's not necessarily a cash contribution on the part of the Town, it can be in kind labor. Supervisor Desch remarked, in all likelihood we would be the ones who would build it in conjunction with the City. Councilman McPeak asked where the figure of $18,000 for the purchase of the right-of- way came frcm, is that a negotiated figure or an assessment? I Mr. Frantz replied that's partially based on assessment, it's about 17 acres and we pegged it at $1,000 an acre. Supervisor Desch remarked that if the minutes show that the budget has been revised so that the Town's share is a figure not to exceed $48,763 we can then plan for the 1989 and 1990 budget everyone will understand and we will not need to adopted another resolution. DOVE DRIVE DRAINAGE REPORT Town Engineer Robert Flumerfelt stated that the ccmmittee members of the Board which were Councilwonan Raffensperger and Councilman Cardman and he had met with Cornell officials and the developer of the subdivision, Vam Brothers. We tentatively arrived at a proposal where all three parties would participate in the cost of getting it done. Subsequent to that Susan Hamlin of Cornell University wrote a letter to us describing a proposal for a solution to the problem. Basically it boils down to Cornell providing the land for this drainage way and disassembling the fence that is there now for equipment access, reerecting that fence, erecting another fence along the rear property line of the Dove Drive residents v^ch would essentially fence in the drainage way on both sides. This is a distance of about 500 to 550 feet m down to Snyder Hill Road. The Town and Vam Brothers construction would divide the cost of constmcting the drainage way \^ch is estimated to be around $5,000. It would be a rip-rap open channel. The Town would oversee the design of it and make sure it was constructed correctly Comell would grant an easement between those two fence lines for access by the Town to maintain this channel. V / Zj K f Town Board MinutBS 12 July 11, 1988 S\:ipervisor Desch asked v^o would be the lead person in describing the easement? The Town Engineer responded that he did not know this? Supervisor Desch asked the Town Attorney if he had any advise. Town Attorney John Barney asked if there was a s\arvey or anything in place? Si:ipervisor Desch replied no, there will need to be one. Sotiebody will need to cone up with one. Town Attorney Barney replied, it would probably make sense to have a surveyor, as part of this cost, go out. It shouldn't be too difficult, isn't this part adjacent to the Vams subdivision? Supervisor Desch replied, yes. It would be from the rear of the property lines. Town Attorney Barney asked if the Vam Brothers had agreed to payment of the remainder of the costs? Town Engineer Flumerfelt replied, they haven't yet, they are out of Town. Supervisor Desch ronarked, the resolution should be subject to the other parties approval. RESOLUTIOJ NO. 189 ffotion by Councilman Bartholf; seconded by Councilman McPeak, WHEREAS, a ccnmittee (Shirley Raffensperger and Thomas Cardman) from the Town Board was formed to work with the Town Engineer, Robert Flumerfelt, toward a solution to the problem of storm drainage from the Hungerford Heights Subdivision, Vam Brothers Construction Ccst^>any., developers, flowing across Cornell Universi ty lands to Snyder Hill Road and thereby erosion and danger to pastured horses, and WHEREAS, general agreement between the Town, the developer, and Cornell University was reached at a meeting June 27, 1988, attended by the above carmittee members, the Vam Brothers, Cornell University officials, and Robert Flumerfelt, whereby all three parties would participate in the cost of solving the drainage problem, and WHEREAS, it is estimated that the cost of developing a rip-rapped ditch on Comell lands abutting the rear of Dove Drive properties extending to Snyder Hill Road will cost approximately $5,000, and WHEREAS, a proposal by Susan Hamlin of Comell University of July 6, 1988 was received pertinent to the above matter outlining a division of responsibilities among the three parties. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca, 1) accept the proposal as presented by Ms. Hamlin in principal, 2) designate the Town Engineer to approve the design of the drainage ditch and inspect its construction, 3) authorize the expenditure of $2,500 toward constmction of the ditch, the balance of costs to be bome by the subdivision developers, Vam Brothers Constmction Ccsnpany, v^o will constmct the ditch. Z / J Town Board Minutes 13 July 11, 1988 4) authorize the Town Attorney to act as necessary in effecting an easement to the Town of Ithaca for permanent maintenance of the ditch. AND FURTHER BE IT RESOLVED, that the Resolution is subject to the approval of the other parties. (Desch, McPeak, Bartholf, and Leairy voting Aye. Nays - none). AMEND AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS Beverly Livesay asked vhat the Town intended to do to Snyder Hill Road. Town Highway Superintendent Ozolins replied, what it is called is slurry seal. It is a surface on the road after it's cured that looks just like the road. It will add maybe and eighth to a quarter of an inch on the top of the road. Unlike the surface treatment vhere you put the oil then you put the gravel on top, this comes out through a screed that's put dcwn on the road. The disadvantage is that traffic will have to stay off the road for two hours. Mrs. Livesay stated that she had intended to send the Town a letter regarding the height of the road and vtot she considered a dangerous situation because the driveways drop off and are slippery in the winter. It's a hazzard v^en you go to the mailbox and there are an awful lot of people walking and she was afraid somebody would have their feet go out from under them, sideways and be injured. It's on the road right-of-way. Supervisor Desch replied, we need another area to walk. Mrs. Livesay agreed that another area to walk was needed. You have just made it difficult for the down hill driveways trying to get up on the road. RESOLUTIC^ NO. 190 Motion by Supearvisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the amendment to the Agreement for the Expenditure of Highway Moneys. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). PERSONS TO BE HEARD Mrs. Myrtle Whitcomb, 233 Troy Road read the following letter addressed to the Town of Ithaca Town Board, from the Greater Ithaca Neighborhoods Association, dated July 11, 1988; "On June 8, 1988, the Greater Ithaca Neighborhoods Association presented a letter and petition to the Planning Board requesting a moratorium on major developments and rezoning in the Town of Ithaca imtil an up to date ccsiprehensive planning document has been jointly created and adopted by the Planning Board, its staff and the public. We have not received a formal response to our request. We continue to object to the current piecemeal, patchwork approach to planning and development. Project after project is approved with little consideration of the cumulative effects. On the July 11th Town Board agenda, items 19 and 20 are cases in point. Major F/.- Town Beard Minutes 14 July 11, 1988 revisions of the Zoning Ordinance and Subdivision Regulations are being considered. These decisions should NOT be part of a fragmented, piecemeal approach to planning. They should be part of a ccnprehensive approach with considerable public input. We have reviewed Planning Board minutes of the last several years relating to discussion of ccnprehensive planning and note several recurring themes. For exaiiple, it was noted that "much of the staff time is spent with developers" reviewing site plan proposals, ^ allowing little time for planning. The Planning Board and staff, due to time constraints, have been unable to adequately address the planning problem. A mechanic trying to repair a moving car is at a definite disadvantage. The car changes direction, changes location and can be dangerous vdien approached head on. A planner, trying to examine a Town that is growing, shifting its center of gravity or changings its character will experience similar problems. All these dynamic shifts represent unnecessary distractions and waste valuable time. Therefore, we again call for the Town of Ithaca to immediately implement a moratorium on subdivision approval and rezoning for a reasonable, specific length of time, up to 18 months if necessary, during vMch time the Planning Board and staff can concentrate all their energies and resources on planning. The moratorium should not affect single family construction on individually owned lots. Nor should it be viewed as an emotional device to curtain development. Rather, it is an attempt to stabilize the growth of the Town v^le the ccnprehensive plan is being considered. Such a ccnprehensive plan should address at least the following: 1. Philosophy of growth; extensive, npdest, or minimal? 2. Consequences of increased traffic. ^ 3. Effect on school systems. ^ 4. Environmental impact, preservation of open space and natural i habitat. 5. Separation of new growth fron stable, established neighborhoods. 6. Examination of vdio bears the costs of increased donand for services? We expect full public participation in every phase of this planning process frcm the selection of any consultant planner to the public approval of the final document. In this spirit, the Greater Ithaca Neighborhoods Association requests 30 minutes of the Town Board's time at the next meeting to more fully discuss our concerns. We feel that the interests of developers, our elected and appointed officials and the general public are intertwined as are the responsibilities of each to the other. The elements of our proposal address our concerns and aspirations for a better Town. Please consider them carefully." Rosaline Grifpi, 423 East Seneca Street stated that she was going to speak on the Kyong project but since consideration is being postponed until August 8th, she wanted to know whether there will also be public discussion at that meeting? Supervisor Desch replied, yes. Supervisor Desch remarked, that he was wondering about the request frcm the Greater Ithaca Neighborhoods Association and v^at was the best way to address it. He felt it mi^t be useful to schedule a joint Planning Board and Town Board meeting to hear it in that fashion. He was not s\are v^en this could be acccnplished with people on vacation but that he felt the August 8th meeting was not a good time with so many public hearings scheduled. 9tZ Town Board Minutes 15 July 11, 1988 Karl Niklas, 1005 Danby Road agreed that the August 8th meeting would be long and a sensitive meeting because of other issues and it wouldn't be a good idea to distract from the issues already are planning for the agenda. He went on to say that because the August 8th meeting is so sensitive and issues revolving around the August 8th meeting are things that the neighborhoods are concerned about, he would suggest that a special meeting with the Planning Board and Town Board be held before August 8th. He felt this would be helpful because we are all neighbors, we're your neighbors, you're our neighbors and he felt it should be a friendly discussion and an open discussion and that is mutually constructed but he felt that it will revolve around issues that will be publicly decided on on August 8th. The Board was unable to decide, at this time, upon a date viien all would be available. Chris Salemo from the Art's Council of Tcjtpkins County stated that she was ccming to the Town of Ithaca as part of a series of meetings that we attend through the County, going to all of the Town Board meetings in the County to update you very briefly in the activities of the Art's Council. The Art's Council is a service organization primarily designed to provide support and education for artists in terms of how to survive and thrive in a highly ccnpetitive environment, however, it is also in the business of marketing cultural activities within this County vMch is blessed with an incredibly rich cultural endowment. She went on to say probably the richest in the entire State outside of Manhattan and Ulster County near Westchester. We have, however, in all that richness a lot of challenges in how to take advantage of this in the most profitable way both literally and figuratively. Those are sane of the issues the Art's Council addresses all the time. We have also the haj^y task of being the distributor of money. We ^ have State money which they are responsible for dispursing. The decentralization program is a program by v^ich the State puts its tax dollars back into conraunity events, comntunity projects and that they are hitting rural rather than urban areas. We have been funding projects in Enfield, Groton, and a considerable number in the Town of Ithaca, Dryden and Ulysses. Other Towns have sinply not applied for these funds, so one of the purposes of our going fron one Town Board meeting to another is to help people to recognize that indeed we have money and we give it away for those who are applying with vdiat we consider a meritorial project. She went on to say that the other part of the Art's Counci\ consists of raising money locally which is again regranted to local County art's groups. There are two different ways that the Art's Council actually puts money into the cultural activities of the conmunity. The downside of that coin is that although the Art's Council does a great deal to support other organizations, there are very few organizations that support the Art's Council. We would like you to look at the list of organizations in the Town of Ithaca that are supported through the Art's Council. We ask that you consider including the Art's Council in your budget making process for the caning year. We would be very grateful for any donation but she stated that she would name the figure of $500. She stated that basically they are an organization vtoch suffers, as many service organizations do, from chronic under funding. But one of the things we would like the Town to recognize is that we exist to serve you. We have been serving you in many ways, and hopefully in return you might perhaps be able to include us in your funding. Without an Art's Council these monies would be lost, even though they are your tax dollars they would go to other counties if there is no Art's Council to administer them. So this is a very sensitive point ^en we talk to our New York State Representatives because they are terribly concerned about our getting our fair < >; 7 n ) U 'x J Town Board Minutes 16 July 11, 1988 share. If you as elected representatives have any of those same concerns, the Art's Council could use your support in order to provide ongoing services. Last year was the first year we appealed to Town Board's and we received donations fran two of those Boards, we hope this year we will receive support frcm several more. PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW GOVERNING NOISE IN THE TOWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider the adoption of a local law governing noise in the Town of Ithaca having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch reported that the local law, at this point, is not ready and, therefore, the public hearing should be adjourned until the August meeting. RESOLUTIC^ NO. 191 Motion by Supervisor Desch; seconded by Cotmcilman McPeak, RESOLVED, that the Town Board of the TOwn of Ithaca hereby adjoumes the pi±)lic hearing to consider the adoption of a local law governing noise in the Town of Ithaca to August 8, 1988 at 8:00 P.M. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO CONSIDER THE PLANNING BOARD RECOMMENDATION CONCERNING A PROPOSAL FOR THE REZONING OF EDDYDALE FARM, EIMIRA ROAD, FROM R-30 TO MODIFIED BUSINESS "B" 1 Town Planner Susan Beeners noted that the Town Board had received the resolution from the Planning Board concerning their reconnendation for the rezoning of about 3.5 acres of the Eddydale Farm M^ket to Business "B" for limited convenience itens and for their loading dock and office space. Supervisor Desch noted that the Planning Board at it's meeting on June 21st, adopted a resolution recommending denial of the rezoning request. The Supervisor noted that the resolution passed by a count of seven for and one abstaining. Town Planner Beeners remarked that the applicant is considering v^ether to take his request to the Zoning Board of i^peals. She went on to say that she was not really sure that a lead agency has been established for this project, as of yet. RESOLUTION NO. 192 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7:00 P.M., on September 12, 1988 to consider the rezoning of Eddydale Farm, Elmira Road, frcm R-30 to Modified Business "B". (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). REPORT OF TAXI COMMITTEE 09>Z Town Board Minutes 17 July 11, 1988 Supervisor Desch asked vAio was reporting, Councilwcroan Leary or Town Attorney Barney? Councilwcman Leary asked the Town Attorney how the ordinance was coning? Town Attorney Barney replied, it's being worked on. Richard Ruswick is working on it, and vdien Councilwcman Leary called today he had not started to write it yet. I j Councilwonan Leary remarked, basically v^at we did was set \jp four zones. West Hill, South Hill and two on East Hill, calling than east and northeast. Basing it on the City's model, we did rates for within each zone and then rates v^en you cross zones and rates v^en you cross over into the City and then go another hill. We are calling them A, B, C, and D so as to avoid confusion with the City vMch uses numbers. Within each zone it would be, well West Hill and South Hill would be $4.50 for a trip within the zone since the two East Hill zones are smaller we set that at $4.00. Within the City, within zone rates, are $2.50 but of course they are smaller. We put it higher to corpensate for the additional dis tance a cab would have to travel on the average. Crossing zones, if they are contiguous zones they would be $5.00, so if you cross fran one zone on East Hill to another zone on East Hill it's $5.00. If you cross from West Hill to South Hill, that's $5.00. When you go from hill to hill, like East Hill to South Hill or East Hill to West Hill that's $6.00. The City has a grid structure, from here to here that this amount and this is how we set up ours. She went on to say that the other details will basically follow the City's. We figured we would do it on an ordinance basis first, rather than setting up licenses. As far as v^y we picked $4.00, as a starting point, that's how much it cost if you go from a point in the City as soon as you cross over into the Town. So if you are coming from downtown up to Cayuga Heights or fron Cornell to Cayuga Heights it I starts at $4.00, so we took it at $4.00 and went up from there. I Supervisor Desch asked, vdiat about franchises, how do we deal with that? Town Attorney Barney replied, v^at we thought we would do, the law seems to permit just adopting a regulation or an ordinance vAiich pirohibits charging anybody, running a taxi service, from charging rents higher than is prescribed. The feeling was initially, rather than getting into the problems of licensing and checking on insurance and going through all the kinds of things that would involve upon that person in the Town, we would just try this and if it didn't seem to provide sufficient control or we had a problem, or problems developed that we would go into regular franchise. This way anybody can operate a taxi in the Town of Ithaca that wants to as long as they meet this requirement. Councilwcman Leary added, and the rates would be posted in the cabs. Supervisor Desch asked if the ccnmittee expected to be rea(^ on August 8th? Town Attorney Barney replied that they expected to be ready by August 8th. Councilman McPeak asked if this charge was in addition to the charge a rider would pay in the City, for example, if someone was going from the Greyhound Bus Station to the Northeast, are they going to pay $4.00 for riding in the City? Town Board Minutes 18 July 11, 1988 Councilvonan Leary replied, no. No this wouldn't be on top of that this is just for things originating in the Town. If he is starting in the City and ending in the Town we can't regulate that at all. RESOLUTIOJ NO. 193 ftotion by Coimcilwcsnan Leary; seconded hy Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca will meet and 1 conduct a public hearing on August 8, 1988 at 8:15 P.M., to I consider a local law regulating tax cab rates in the Town of Ithaca. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE AND LOCAL LAW #3 OF 1984, REGARDING THE EXPANSION OF PERMITTED USES ON THE LA TOURELLE PREMISES Supervisor Desch noted that the Town Board had the action of the Planning Board. Town Planner Susan Beeners stated that after several hearing on La Tourelle there were requests for a revised site plan vdiich showed an additional tennis coiart, the permanent installation of the inflated air structure over two tennis court, a modification of what the future expansion of La Tourelle mi^t be. And a request that there be the ability to have banquets and public dining use of a banquet roan there at La Tourelle. She went on to say that the Planning Board has made the recomiendation to the Town Board that the Special Land Use District Local Law for this be amended to reflect the uses that would be permitted, that she just described, ^ siabject to final approval of those uses. The Planning Board i acknowledged that there was sotie uncertainty at the time that the I facility was built as to v^ether or not it was going to succeed so there were some contingencies put in as to his ability to convert it to apartments if it did not succeed at a resort, bed and breakfast inn. The Planning Board has acknowledged that it has been successful and there is a market for it but there should be strict ccanrpliance to the conditions of any site plan approval and to the conditions of any local law pertaining to that district. RESOLUTIOSf NO. 194 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7:30 P.M., on September 12, 1988 to consider amending the Zoning Ordinance and Local Law #3 of 1984, regarding the e3q>ansion of permitted uses on the La Tourelle prenises. (Desch, McPeak, Bartholf, and Leary voting Aye. Nays - none). DISCUSS PROCEDURE FOR FILLING VACANCY OJ TCWN BOARD The following letter, addressed to the Town Clerk and dated June ' 24, 1988 frcm Raymond Bordoni is entered into the Minutes: i "This letter will serve to notify you and the Town Board members that I am resigning fron the Town Board of Ithaca, New York, as of Thursday evening, June 28, 1988." Town Board Minutes 19 July 11, 1988 Supervisor Desch noted that there were several approaches that the Town Board could take. One would be to notify the two political parties of the vacancy and suggest to them that they si±mit a name or names as they would so desire. There has also been interest expressed independent of that apprmch, we have a letter from Dooley Kiefer and one from Gloria Howell expressing interest in serving in that capacity. There is also the question that might cone into ones mind having to do with a person v^o might be enrolled as an independent, should such a person be given the opportunity to send a letter or esqjress interest and he stated that ; he would presume the Board would be ccmfor-fcable in doing that. The Supervisor went on to say that he thought the first step would be to send a letter to the first political parties and if the Board was comfortable, with the process then to encourage anyone vdio might not be enrolled in either the Republican or Democratic Party, if they had an interest to send a letter ejqjressing such interest. He felt such a request should be received by the August meeting so that the process could be begun at that time. Karl Niklas asked if the appointment would be just for the remainder of this year or will it be for the remainder of the term? Supervisor Desch replied no, in any event it will be on the ballot this fall to ccatplete the remaining three years of Ray's term. This appointment by this Board would be through the end of December. Dooley Kiefer stated that she did not understand the reccaMiendation that was just made. It was suggested that only independent, non-registered Democrats or Republicans should apply? Supervisor Desch replied no, anyone vdio was an elector. They have to be registered scmehow to vote. 1 ZONING ORDINANCE AMENDMEMS Supervisor Desch noted that there were two sets of amendments to the Zoning Ordinance. Once has to do with the necessity to update the ordinance with regard to the legal provision of day care facilities in the Town of Ithaca vhich is extremely irrportant in providing that ability in the Town, recognizing vdiat the people have told us tonight in their memorandum. Although August is a busy meeting he felt it was critical to move forward at least on this one set of amendments. The Supervisor went on to say that the second set will require a considerable amount of discussion. Town Attorney Barney replied that his only concern was that the other set of amendments deals with a number issues that have surfaced over the last couple of years in terms of interpretation of the ordinance vdiich have been threatened areas of litigation and it's an effort to clarify a number of them. It came about, as you know, through a lot of work with the Codes and Ordinance Ccmmittee. They have spent a lot of time trying to put these items together, discussing them, debating the merits. He stated that he had hoped we might be able to at least do something with it in August. There will be a fair amount of discussion by this Board and then it will enable us to go back and redraft or revise as appropriate and maybe (Mwi be in a position to finally adopt the provisions or seme of them in September. RESOLOTICaj NO. 195 ftotion by Supervisor Desch; seconded by Councilman McPeak, Town Board Minutes 20 July 11, 1988 RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8:30 P.M., on August 8, 1988, to consider a local law amending the Town of Ithaca Zoning Ordinance to permit day care facilities in Residential, Business and Industrial Zones in the Town of Ithaca. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). RESOLUTION NO. 196 I I Motion by Supearvisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a piablic hearing at 8:45 P.M., on August 8, 1988, to consider a local law amending the Town of Ithaca Zoning Ordinance to clarify various definitions and provisions. (Desch, McPeak, Bairtholf and Leary voting Aye. Nays - none). BUDGET AMENraMTS RESOLUTION NO. 197 Motion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the following budget amendments: 1) Transfer $2,500 from B1990.400 Contingency - General Fund Outside Village to B8020.403 Planning Conference & Schools - General Fund Outside Village for expenses of planning conference. ^ 2) Transfer $422 from B7140.402 Parks Contractual - General Fund Outside Village to B7140.202 Parks Equipment - General Fund Outside Village to purchase playground equipment. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). WATER ACCOUNT REFUNDS RESOLUTION NO. 198 Motion by Councilman Bartholf; seconded by Councilman McPeak, WHEREAS, an accurate meter reading was not received for the Deconber 1, 1987, March 1, 1988 and June 1, 1988 billing cycle for the property located at 203 Pine Tree Road, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $25.36 for water, $2.16 water surchaarge, $45.47 sewer, $1.50 sewer surcharge, total refund of $74.49 be made to Dr. Ying-Jen Chen, 8 Gerald Street, Norwich, New York, 13815. Account Number S-927. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). RESOLUTION NO. 199 Motion by Supervisor Desch; seconded by Councilman McPeak, WHEREAS, Irving Lazar, 145 Forest Home Drive paid his June water bill twice, once in June and again on the final bill. Town Board Minutes 21 July 11, 1988 NOW THEREFXIRE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $28.65 for water, $2.86 water surcharge, $13.70 sewer, and $2.01 sewer surcharge, total refund of $47.22 be made to Irving Lazar, 145 Forest Hcatie Drive, Ithaca, New York, 14850. Account Number E-377. (Desch, McPeak, Bartholf, and Leary voting Aye. Nays - none). RESOLUTION NO. 200 Motion by Supervisor Desch; seconded by Coimcilman McPeak, WHEREAS, Ivar Jonson, 205 Westview Lane paid his June water bill twice, once in June and again on the final bill, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $20.52 for water, $2.05 water surcharge and $1.44 sewer surcharge, total refund of $24.01 be made to Ivar Jonson, 934 East Shore Drive, Ithaca, New York, 14850. Accoimt Number T-3784. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). RESOLUTIOSr NO. 201 Motion by Supervisor Desch; seconded by Councilman McPeak, WHEREAS, the customer at 112 Crest Lane has been misreading his water meter, NOW TflEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca herehy authorize a refund of $97.01 for water, $9.70 water surcharge, $64.71 sewer and $6.80 sewer siircharge, total refund of $178.22 be made to Paul Gallagher, 112 Crest Lane, Ithaca, New York, 14850. Account Number E-397. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). RESOLUTION NO. 202 Motion by Supervisor Desch; seconded by Coimcilman Bartholf, WHEREAS, a meter reading error was made by the custcmer at 235 Renwick Drive, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $12.78 for water, $1.27 water surcharge, $14.42 sewer and $.90 sewer surcharge, total refund of $29.37 be made to Thonas E. Spence, 235 Renwick Drive, Ithaca New York, 14850. Account Number T-152. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). Karl Niklas asked if his understand was correct, that a public hearing has been set August 8th on the amendments due height of structures and the variances related to the height of structures and lot sizes? Supervisor Desch replied, let me clarify that. The hearing is for the effect of those pix)posed changes on the Zoning Ordinance. It states, on the agenda, amendments to the Subdivision Regulations but there are two pa2±s to it. Ttown Board Minutes 22 July 11, 1988 Tofwn Attorney Barney remarked, item #19 really had two parts to it, one was the day care vMch is a separate local law and then there is a second local law vMch amends a large number of provisions of the Zoning Ordinance relating to height, how you define hei^t, how you define the depth of a lot, those kind of things. There are seme parallel provisions in the Subdivision Regulations vdiich are not adopted this Board but are adopted by the Planning Board and the approved by this Board. So the public hearing on those will be held at the Planning Board, in fact have been held by the Planning Board but they deferred action on them pending \diat this Board does ' I with the Zoning Ordinance. The hearing that you are going to have will be on the height and the depth of lots and those clari^ing Zoning Ordinance amendments and then depending on v^at occurs with them the Subdivision Regulations will either be amended or not but that will have to go back to the Planning Board for formalization. Sijpervisor Desch remarked, item #20 really has not been scheduled. It would ccme after, depending on vtot happens. Karl Niklas asked, in either case do those things beccme law after a vote by the Town Board? Sij^jervisor Desch replied, yes. Mr. Niklas remarked, so ultimately the decision to enact, however those amendments read, is decided here. Supervisor Desch replied yes, amendments to the Zoning Ordinance are decided here. Town Attorney Barney replied, the law says the Subdivision Regulations are to be adopted by the Planning Board subject to the approval of the Town Board. So the actual adoption occiirs at the Planning Board level as opposed to the Zoning Ordinance vdiich is n sort of the reverse, in that there are reccnmendations made by the i i Planning Board to the Town Board. Mr. Niklas ronarked, but both of those amendments involve the redefinition of building heights, the question would be vdiether or not, vtet would be the consequence or is it possible for the Town Boaid to approve one redefining building heights and for the Town Planning Board not to? In other words, \tot would happen if it's height was accepted in one place and not in the other? Town Attorney Barney replied, it is possible but the only way he could think of that happening is if the Town Board adopted a Zoning Ordinance definition of heights that was different than vtot is presently in our Subdivision Regulations and the Planning Board opted for seme reason not to change it's definition to conform. The instigation of these changes to the Sxabdivision Regulations has to start at the Planning Board level as opposed to the Zoning Ordinance, vdiere changes occurs here. The reason we aie deferring it is procedurally to try and make it come out the same way and this Board being the policy setting Board has to act, or we felt should act, on the Zoning Ordinance amendments on the definition of heights and once they have ccaftpleted their action we will go back to the Planning Board and say here is vhat the Town Board did, will you now amend your Subdivision Regulations. Mr. Niklas wondered if he should make a presentation on the hei^t of buildings and the v^ole point was whether or not it should be done now, or in front of the Planning Board or later on before the Planning Board and the Tdwn Board. I i I i Town Board Minutes 23 July 11, 1988 Town Attorney Barney replied, you should make your presentation at the next Town Board meeting v^en the public hearing is bedLng held on this issue. PUBLIC HEARING TO CmSIDER A LOCAL LAW REOJIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN TEE TOWN OF ITEiACA Proof of posting and publication of a notice of a public hearing to consider a local law requiring sprinkler systsns to be installed in buildings in the Town of Ithaca having been presented by the Town Clerk, the Supervisor opened the px±>lic hearing. The public hearing is a continuation of the public discussion held at the public hearing on June 13. Supervisor Desch noted that the Board all had copies of the draft environmental assessment. He also noted that the revised draft local law had been distributed to the Town Board members well in advance of the ten day requirement. He went on to say that the staff recarmends a negative determination of environmental significance, in Part II Explanation that you have in front of you. Supervisor Desch asked if there was anyone present wishing to conment in favor of or against the adoption by the Town of Ithaca of the sprinkler local law and would be pleased to answer any questions anyone might have. No one wished to speak. Hen then asked if there were any questions of the environmental assessment. It basically indicates that this is an unlisted action in terms of air quality, service and ground water quality, etc., no adverse impacts are expected, the same with aesthetics, agricultural, archeological, etc., all the way down through. It is not expected that there will be an impact on services or resources that are available in terms of negative impact. There will be a positive benefit in terms of reduced fire service costs, long term, reducing ^ the fire risk and saving lives. j i Supervisor Desch asked again if any members of the public cared to cantient on this local law? As no one present wished to carment, the Supervisor closed the pi±>lic hearing. He asked if Board members had any questions on the environmental assessment. RESOLUTIOJ NO. 203 Motion by Councilman Bartholf; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby declares a negative determination of environmental significance on the proposed sprinkler local law. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). Supervisor Desch then asked if there were any questions on the proposed local law, the revised draft that came out of the hearing last month v^ere we took the single and two family retrofit requirement out? Councilwcman Leary asked, how would it look, how does a sprinkler system look in a hone? Can you see the heads? Supervisor Desch replied, you can see the head but normally not the pipes. Coxmcilwcman Leary replied okay, just the head. Councilman M^eak ranarked, it has to be exposed or it won't work. Town Boaid Minutes 24 July 11, 1988 Councilwcman Leary asked if anyone had checked with any landlords about vdiat they feel about this? Supervisor Desch replied that he had discussed it with landlords and the Home Builders Association as well. They are ccmfortable with it. They have had copies of the local law to look at and they agree that now that you are permitted to use copper pipe, through the State Code, that the systems are cost effective and reliable. We've talked internally here with Bolton Point about the logistical problem of vtot happens if you have a system with a lot of dead water in it for a long period of time, so the plan would be to require the looping so that annually the property owner could flush that part of the system so that you constantly have clean water in there. Councilwcman Leary remarked, in the kind of narrative you said that the costs per apartment would be about $600, that's apartment unit? Si^jeirvisor Desch replied, right. Councilwcman Leary asked if the landlords gave any indication of how they would recoup that, will they just sort of absorb it or would it require a rent increase? Supervisor Desch asked, are you taking about retrofitting now versus new? Councilwcman Leary replied, yes. Supervisor Desch replied, it depends on how they would choose to go about the financing of the inp3X)vement. In other words, if they would couple it with other improvements he would expect that they would incorporate it in vtotever they felt they had to recover from debt retirement from that standpoint. But the economy of scale in doing it in an apartment house is excellent, you can spread the cost pretty well and of course that is v^ere most of the fires are, as we have seen with the recent fiires in the City, etc. Councilwcman Leary asked if retrofitting cost more than incorporating it into the new building, she stated that she would think it would? Supervisor Desch replied in most cases it would, depending on the type of structure. In other words, if you have a stud and sheet rock building you have to decide vdiether you are going to irun the risers on the surface. If you have a hot water heating system, it might not be any problem instead of a supply and return pipe you might have a third sprinkler pipe running together. It depends on the nature of the system. It's more difficult to retrofit. Councilwcman Leary ronarked that she was thinking for an existing apartment ccnplex, there pretty well within the service area that we have now, the service capacity, service ability that we have. You are thinking of future development and a greater strain on the fire protection services but as far as vdiat is existing now couldn't we serve those multiple housing imits without having than retrofit? Supeir^^isor Desch replied that he did not think so because there you have the greater risk in terms of the type of structure. Take the Winston Court i^partments, they are a brick veneer, wood frame type structure. Quite a few years ago, as a matter of fact just after they were built, he did not know if anyone remanbered, but there was a fairly bad fire there. So those are really i^ere the fire risk lives. You have Winston Court, Candlewick, Candlewick is masonry but on the other hand they are higher buildings on the lake Town Board Minutes 25 July 11, 1988 side so that your existing situation is probably less desirable than vdiat you would, \tot Andy Frost (the Building Inspector) would require today. He asked the Building Inspector if he wished to make any ccmments on this? He went on to say that he would say regardless of vdiere in the fire service area, the risk is either there or will increase as additional multiple family housing units are added. The Supervisor went on to say, you also have the mobile hone situation v^ch is another area that is critical, Councilwoman Leary asked, did we include that to? Supervisor Desch replied that he was talking about new ones now, retrofitting no. But if you had additional mobile homes, suppose you had another mobile home park scroev^ere. Even though from a code standpoint they are better, usually your exiting requirements are not as good as you have in a single family home. Andrew Frost, Building Inspector stated that the only thing he anticipated initially is that there are not too many available sprinkler installer contractors in the area. He stated that he was told that there was only one operating out of the Liverpool area, so he initially could see perhaps the cost and a lot of bugs getting worked out over a course of time before people have better expertise in the installation. There are seme plumbers perhaps v^o have learned about sprinklers or seme new contractors vto will be caning into the area by spring construction. He went on to say that he thought, the Supervisor made a ccmment that plastic pipe was now approved. Si:?)ervisor Desch replied, plastic pipe is approved but that's really your department but that he was not yet personally convinced that by the time you use the heavy schedule pipe that you are really going to be ahead. But he was will willing to try to be convinced. . , The Building Inspector replied that that was his sentiment, and in the NFPA volurans of '84 they don't list plastic, however, the 1986 addition allows for two types of plastic pipe, Councilwonan Leary stated that she still wished the multiple WDuld be left out of the retrofitting. Supervisor Desch replied that he thought it was a pretty critical fire risk area as we have seen in the City and its's going to be the same in the Town. George Frantz, Assistant Planner stated that he was downtown about 6:20 A. M., the day of the Ccramon Ground fire and he felt one advantage of retrofitting multiple dwellings although we are not talking about the types of buildings that Cannon Ground was. However, the Cormon Ground fire really stretched the fire fighting capacity of the County. You had the City of Ithaca aerial ladder in the front, you had five City of Ithaca pumpers around there. You had the Village of Lansing or Town of Lansing aerial ladder behind trying to fi^t that fire. Later that morning there was a Village of Cayuga Heists or Village of Dryden fire truck standing by in the Ithaca City Fire Department so in effect he coiald see vAiere maybe a sprinkler systen could Jcnock the fire down before it gets out of control and again maybe reduce the requirement of two aerial ladders to one aerial ladder. Supervisor Desch replied, you have several recent cases. You have the fatality on Aurora Street vMch would have been assuredly prevented if there was a sprinkler system in that building. You have the church in Watkins Glen v^ch was totally destroyed. If you had a sprinkler system there, sprinkler systems in churches are Tcfwn Board Minutes 26 July 11, 1988 not the easiest or least expensive things to put in but churches are not cheap to build either. Then you have the one down on the West End of the City and then another house again on Aurora Street which was apparently involved in sane fireworks. Again, a sprinkler systan would have limited the damage to an area less than the size of this roan, even recognizing there would be a little bit of water damage. Many people don't realize that vhen you have a sprinkler go off, the volume of water is extensive but it's only one head so it puts the fire out before it gets a chance to spread. Mrs. Whitcanb stated that she would like to ask sanething just for clarification. You talked about single family versus multiple dwellings, vdiat about townhouses v^ere they are essentially single family units but there may be four or five in a building, will they cane under this retrofit? Supervisor Desch replied, it depends on the vintage. You have a fire wall separation there, a two hour wall requirement at this point. Probably in that case we are talking about future new units that would be added. Coimcilwonan Leary asked if any day care people have been asked about this? Marge Dillon, Director of the day care conference raised her hand. She went on to say that she had a couple of ccninents, one is that it says families that take care of more than seven childi^. There are several kinds including the day care, one cut off point is eight not seven so you may just want to change that to keep things clear in the publics mind. A family day care can serve up to eight and then between eight and fourteen is vtot is called a group family day care, that takes place in a hane also but with two people. So you may want to, just for clarity change the number frcm seven to eight. She went on to say that her question about the group family day care v^ch is the one you have to retrofit is that if she understands her reading of it they have to ten years to fix their hanes that way. What about if they are on a well, she stated that she did not understand plumbing very well, how does that work? Supervisor Desch replied that that wculd work the same way. The difference woxild be that you would have a pressure tank that would have a volume sufficient to operate probably more than one head, probably two or three heads in the event you had a fire that was in a comer away from where the head was. Ms. Dillon remarked, but that would add to the cost and a lot of day care facilities are in older, larger hanes because those are the ones that can contain the people. Supervisor Desch replied, that he thought that in long term we would try to discourage day care in that kind of a situation. We would try to encourage it to be in a water supply area as much as we could. But then again, the Town is extending water to critical areas v^ere ground water is a problem anyway. Ms. Dillon asked if there was any thought to helping group family day care hanes with the initial cost of putting that in? Because the square foot of a hane, they would have to do the v^ole hane sinply because they had child care in it. Is there any sense that there could be a loan program within the Tcwn to help them get going? Day care is more than a business. Its a service too and needs to develop. Supervisor Desch replied that it would be very helpful if Ms. Dillon would write the Boaid a letter in that regard. It is 98J Town Board Minutes 27 July 11, 1988 sonething we could take up, however, he was not quite sure how the Board would do it. Town Attorney Barney noted that he was not clear and asked if Ms. Dillon was talking about new hones or existing homes? Ms. Dillon replied, existing homes. The time in vMch it takes than to get going. They may want to do it sooner and she was questioning that they might want to help with the cost. That is the concern. Councilwonan Leary asked Ms. Dillon if she foresaw any real problem with that? Ms. Dillon replied yes, that she saw a problem but she found it hard to argue against because she saw the safety measures in it. Anything that costs or requires more regulations is a disincentive for people to become regulated so viiat we may do is keep people landerground supplying care as they are now and, therefore, you have even less controls, you don't even know if they have two exits or a fire extinguisher. The harder you make it for them to come forward, the more difficult it is to recognize them. However, she stated that she was not prepared to say that it isn't a good thing to have eventually because she felt fourteen children deserve a degree of safety. Supervisor Desch remarked that as you know, statistics are very indicative when it comes to fatality rates of young children. Ms. Dillon replied that she thought that if maybe there was the existence of a loan program to offset the cost that may help it. But it probably will serve as a disincentive initially. Supervisor Desch remarked, on the question of seven versus eight he thought that back to the subject of comprehensive planning and levels of development he thought it was critical to get something on the record with the number of projects that are coming forward, Cornell for exairple, Cornell Quarters, it was very impoortant in a conraunity to keep that fire risk suppressed and to require projects like Cornell Quarters to be sprinklered, so he would hope that the Board could get this on the books and make any changes at a later date. LOCAL LAW NO. 7 - 1988 Motion by Councilman McPeak; seconded by Councilman Bartholf, LOCAL LAW NO. 7 " 1988 A LOCAL LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA Section 1. Applicability. This local law shall apply to all parts of the Town of Ithaca outside the Village of Cayuga Heights. Section 2. Definition, "improved sprinkler system" shall mean a sprinkler syston approved by the New York Board of Fire Underwriters the National Fire Protection Association, or other nationally recognized approval organization as determined by the Town Building Inspector, vdiich approval shall have been obtained prior to installation of this system. Such syston, to be approved, shall ireet all standards of installation and operation as pirescribed by such approval bodies and the manufacturer of the system. Any such installation and the operation thereof shall be Town Board Minutes 28 July 11, 1988 also subject to the approval of the Town of Ithaca Building Inspector. Section 3. New buildings required to have sprinkler systens. All classifications of buildings listed below, viiich buildings are constructed after the effective date of this ordinance, shall be required to have approved sprinkler systems installed and operational: ( 1) Multiple dwellings (except no system will be required in enclosed closets 50 square feet or less in area and in bathrooms). ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 (10 (11 (12 (13 (14 (15 (16 (17 (18 (19 (20 (21 (22 (23 (24 (25 (26 (27 Office buildings. Administrative buildings. Bank buildings. Professional buildings. Retail and professional service buildings (mercantile). Industrial buildings. Storage buildings. Amusement park buildings. Armories. Ari: galleries. Assembly halls. Auditoriums. Bathhouses. Bowling alleys. Clubrooms. Coliseums and stadiums. Courtrocms and buildings. Dance halls. Exhibition halls or buildings. Gymnasiums. Indoor tennis courts or other sport courts. Lecture halls. Libraries. Lodge halls or rocms. Hotels. Motels. 06T Town Board Minutes 29 July 11, 1988 n I I (28) Lodging and boarding houses (inclxading bed and breakfast establishments). (29) Motion-pic±ure theaters. (30) Museums. (31) Nightclubs. (32) Recreation centers. (33) Restaurants. (34) Skating rinks. (35) Theaters. (36) Churches, synagogues and similar places of worship. (37) Schools, colleges and similar places of education including dormitories. (38) Outpatient clinics. (39) Day-care centers. (40) Any building in vdiich child care is provided for any number of children for hire. (41) Clinics. (42) Hospitals. (43) Infirmaries. (44) Sanatoriums. (45) Boathouses. (46) Nursing hones. (47) Nightclubs. (48) Gror^) hones. (49) Halfway houses. (50) One and two family dwellings (except that no syston will be required in closets fifty (50) square feet or less in area or in bathrooms or in any unheated areas). (51) Any other buildings the use of v^ch includes regular overnight sleeping by human occupants. Section 4. Existing buildings required to install sprinkler systems. Existing buildings as set forth below v^ch do not contain approved sprinkler systems on the effective date of this local law shall be required to obtain and install approved sprinkler systems within ten years frcm the effective date of this ordinance. ( 1) Hotels. ( 2) Motels. Town Board Minutes 30 July 11, 1988 ( 3) Lodging and boarding houses (including bed and breakfast facilities). (■ 4) Qiild-caring institutions other than one or two-family hones v^ere care is provided for seven or more children. ( 5) Hospitals. ( 6) Infirmaries. ( 7) Sanatoriuras. ( 8) Nursing hones. ( 9) Nightclubs. (10) Public restaurants. (11) Any building in vdiich child care is provided for seven or more children for hire. (12) Group hones. (13) Halfway houses. (14) Dormitories. (15) Multiple dwellings (except systems will not be required in enclosed closets 50 square feet or less in area and in bathrooms). Section 5. Building Permit. (a) No building permit shall be issued for the construction of any new building, structure or portion required to have an approved sprinkler system pursuant to this ordinance unless an approved sprinkler syston is included in the plans for such construction submitted for the building permit. (b) No building permit shall be issued for the alteration, enlargement or modification of any building existing on the effective date of this ordinance that is required to have an approved sprinkler system installed within ten years of the date of this ordinance unless an approved sprinkler system is included in the plans for such alteration, enlargement or modification. Section 6. Certificate of Occupancy. No certificate of occupancy shall be issued for occi:5)ancy or use of any building, structure, or portion thereof, required to have an approved sprinkler syston unless such system is installed, inspected, tested and approved to the satisfaction of the Town of Ithaca Building Inspector. Section 7. Exception. Notwithstanding the terms of this ordinance sprinklers shall not be required to be installed in spaces vAiere the discharge of water would be hazardous. In such places, other fire-extinguishing equipment approved by the New York Board of Fire Underwriters, National Fire Protection Association or other nation ally recognized approval organization and by the Town of Ithaca Building Inspector shall be provided. Section 8. Penalties. Town Board Minutes 31 July 11, 1988 (a) Failxire to ccnply with any provision of this local law shall be deonned a violation and the violator shall be liable for a fine up to $100.00, or iirprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Building Inspector is hereby authorized to issue an appearance ticket for any violation of this law pursuant to the Town of Ithaca Local Law No. 1 of 1979 and any successor statutes. (b) An action or proceeding in the name of the Town of Ithaca may be ccaiinenced in any court of carpetent jurisdiction to ccnpel c<3tpliance with or restrain by injimction the violation of any provision of this local law, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. Section 9. Variances. (a) Where practical difficulties or unnecessary hardship may result from enforcenent of the strict letter of any provision of this local law applications for variances consistent with the spirit of this local law may be made to and action upon by the Zoning Board of i^peals of the Town of Ithaca. The Board is empowered to grant a variance when the Board has found ( i) The application of the strict letter of this local law would create a practical difficulty or unnecessary hardship for the applicant. (ii) The ccmmission of an approved sprinkler system fron all or part of a building will not significantly jeopairdize human life. (b) In granting any variances the Zoning Board of ^^peals may inpose such conditions as such Board may reasonably determine necessary to mitigate the consequences of the CGramission of an approved sprinkler system from all or any part of a building, including the requirement that alternative forms of fire extinguishing equipment be provided or a requirenent of additional alarms or other devices to ameliorate the effects of having no sprinkler systems. Section 10. Partial invalidity. If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, inpair or invalidate the remainder thereof. Section 11. Administration. The requirements set forth in this local law shall be in addition and shall supplement the requirements set forth in Local Law No. 14 for the year 1987. The plans, specifications, rating body approvals and other naterials required by the Building Inspector in conjunction with an application for a building permit pursuant to said laws and pursuant to the Town of Ithaca Zoning Ordinance. Section 12. Effective date. This local law shall take effect immediately. Svpervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Town Board Minutes 32 July 11, 1988 Councilwcsnan Leaory Voting Aye Coimcilman NfcPeak Voting Aye Supeirvisor Desch Voting Aye Local Law No. 7 - 1988 was thereupon declared duly adopted. TEMPORARy HIGHWAY LABORER RESOLUTIOSr NO. 204 Motion by Councilman Bartholf; seconded by Councilman McPeak, WHEREAS, there is an iitinediate need in the Highway Department for a laborer, and WHEREAS, due to the retirement of a highway employee there are sufficient funds to pay the additional laborer, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appoint Fred Notebocm as a tenporary, full-time highway laborer at $5.50 per hour. Such temporary appointment to be effective June 27,1988, for a period of six months. At the end of the sic-month period the appointment may or may not beccane permanent depending on the needs of the Highway Depairfcment as determined by the Hi^way Superintendent, and BE IT FURTEffiR RESOLVED, that Mr. Notebocm is inraediately eligible for all fringe benefits normally accorded a permanent, full-time ertployee. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). HIGHWAY DEPARIMEISiT PROMOTION AND SALARY SCALE Sx:pervisor Desch stated that the Hi^way Superintendent made a reccsimendation to the Personnel Cormittee having to do with prcmo- tional requiroments for Highway enployees. The Personnel Ccmmittee reviewed it in detail and submits it for your approval. Councilman McPeak noted a problem before with lost licenses. He asked if this was covered in this proposal? Supervisor Desch replied, it's covered in the job description. Highway Superintendent John Ozolins remarked, this is just basically how does a get frcm laborer to a MEO. RESOLUTION ND. 205 Motion by Councilman Bartholf; seconded by Councilwcman Leary, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the Town of Ithaca Highway Department Pranotion Requirements and salary scale as presented by the Highway Superintendent. (Copy attached to the minutes). (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none) AUTHORIZE JUSTICE WAT.T.FJQBECK TO AITEND ADVANCED TRAINING COURSE RESOLUTION NO. 206 Motion by Councilman Bartholf; seconded by Councilwcman Leary, Tcwn Board Minutes 33 July 11, 1988 RESOLVED, that the Town Board of the Town of Ithaca hereby authorize Justice ^ferton Wallenbeck to attend the Office of Court Administration Advanced Training Course at St. Lawrence University, Canton, New York, July 24, 25, and 26, 1988 (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). TEMPORARY HIOIWAY DEPAR!IMENT CLERICAL POSITIOJ Si:5)ervisor Desch stated that this person would work in the Highway Department probably for a period of six months until such time as we fill the vacancy and are back to full strength in the financial department. He went on to say that the Personnel Committee has reccaimended a salary range of from $6.00 to $8.00 per hour. We are looking for someone with computing skills, the Highway Department computer has arrived. Coimcilwomian Leary stated that again, she felt the starting range should be a little bit higher than $6.00, $6.50. After all you have a hi^way laborer at $5.50 and this person has computer skills and everything and she felt $1.00 more than a beginning laborer is not asking too much. Councilman McPeak remarked, particularly because this person has to have some expertise comdng to the job. Councilwcmian Leary agreed with Councilman McPeak. Supervisor Desch replied that the Personnel Ccmmittee had discussed had discussed this at sostie length. The Highway Superintendent stated that he felt the range was a decent range of $6.00 to $8.00. Councilman McPeak remarked just because the low range is $6.00 doesn't mean we have to pay just $6.00. Supervisor Desch suggested that the Board try it and then if they don't get any applicants, we could readvertise at $6.50. Councilvonan Leary replied, that would be a ccmprondse. As a matter of principal she felt it should be a little bit higher than that on the bottcm range because as she had pointed out, a secretary is very hard to find in this area, especially with ccmputer skills. RESOLUTION NO. 207 Motion by Supervisor Desch; seconded by Councilman Bartholf, WHEREAS, due to the resignation of the Assistant Budget Offi cer/Personnel Meager there is a need for Patricia Punger to work full-time in the accounting department in the Town Hall, and WHEREAS, this would leave a vacancy in the Highway Department for a part-time administrative assistant, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approve the hiring of a temporary part-time administrative assistant for the Highway Department for a period of six months to allow time to access the staffing needs in the Accounting Department. Salary range to be $6.00 - $8.00/hour, and Town Board Minutes 34 July 11, 1988 FURTHER BE IT RESOLVED, that if no applications are received the position will be readvertised at a salary range of $6.50 to $8.00/ho\ir. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). SALARY INCREASE FOR SUPERVISOR'S BOOKKEEPER RESOLUTIOJ NO. 208 Jtotion by Councilman Bartholf; seconded by Councilman McPeak, WEIEREAS, the personnel cormittee agreed to review the salary of the Supervisor's Bookkeeper in July and consider a salary increase, and WHEREAS, the comnittee did review the salary for this position at their meeting on July 6, 1988, and does reccnmend a salary increase of $500 (v^ich falls within the approved salairy range of $21,000 - $25,000 for this position), NCW TflEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approve the salary increase frcm $22,100 to $22,600/year for Sally Alario, effective July 1, 1988. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). FINANCIAL REPORT RESOLUTION NO. 209 Motion by Councilman McPeak; seconded by Councilman Baitholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the June Financial Report as presented. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). TOWN OF ITHACA WARRANTS Town Engineer Robert Flumerfelt stated that he had three additional pay requests from contractors. Vacri Construction Company on Phase I of the water and sewer project, a requisition for $110,346.78. Rizzo Construction a requisition for $289,788.48 and a final payment for James L. Lewis Heating and Plumbing Contractor on the Town Highway Department heating contract, their 5% retainage in the amount of $925.00. RESOLUTION NO. 210 Jtotion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Tcwn Board of the Town of Ithaca hereby authorize the payment of $925.00 to James L. Lewis Heating and Plimibing Contractor, their 5% retainage fee, a final payment. (Desch, McPeak, Bartholf, and Leary voting Aye. Nays - none). RESOLUTION NO. 211 Motion by Councilman Bartholf; seconded by Councilman McPeak, Town Board Minutes 35 July 11, 1988 RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the payment of $289,788.48 to Rizzo Construction Company for 85% conpletion of the water and sewer extensions on Taughannock Boulevard. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). RESOLUTIOJ NO. 212 Motion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the TOwn of Ithaca hereby authorize the payment of $110,346.78 to Vacri Construction Ccnpany for 90% catpletion of the water and sewer extension on Phase I. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). RESOLDTIOJ NO. 213 Motion by Coimcilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated July 11, 1988, in the following amounts: General Fund - Town Wide $ 47,523.68 General Fund - Outside Village $ 26,877.94 Highway Fund $ 44,961.11 Water & Sewer Fund $420,759.04 Fire Protection Fund $283,969.65 Capital Projects Fund $346,051.51 Lighting District Fund $ 449.83 (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). BOLTON POINT WARRANTS RESOLUTIC^ NO. 214 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Bolton Point Warrants dated July 11, 1988, in the Operating Account are hereby approved in the amoimt of $69,278.09 after review and upon the recommendation of the Southern Cayuga Lake Intennunicipal Water Conmission, they are in order for payment. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). LEGISLATIVE COMMISSION RURAL RESOURCES SURVEY RESPONSE (CDBG) Si:pervisor Desch stated that this was really for the Board's information and if the Board is ccmfortable with it he will just send it in. He stated that it did not require Board action. There were no questions from Board members. ENCROACHMENT Town Attorney John Barney reported that a problem has ccme rp rather suddenly, an encroachment at 228 Forest Home Drive. He went on to say he received a call today from an attorney vho wants to Town Board Minutes 36 July 11, 1988 close on a piece of property v^ich has a house and garage that encroaches on Town property. The house may encroach as much as four feet and the garage about a foot to a foot and a half on the highway right-of-way line on Forest Hcme Drive. Supervisor Desch noted, that this was at the bend in the road. Town Attorney Barney replied yes. Once in the past, a lease was entered into with the people authorizing them to lease the space from the Town for the encroachment for only so long a period of time as the builds stand. Once the builds cane down the lease terminates. We had quite an involved set of hearing and then the resolution and he felt he would probably want to go through scroething a little more formal but on the other hand the people probably want to close and unless they get sane kind of a feeling as to vdiether this Board would consider either a lease agreement or an encroachment agreement \f^ere by these building could continue to exist as they are presently located. Supervisor Desch noted that the one we did before was almost across the street. He then asked the Town Attorney if he had any negative feelings? Town Attorney Barney replied no, aside from the fact that he had not been up there and looked and a four foot encroachment is a little more than we had the last time. He thought the other encroachment was only two feet. The house has been there long before the road became a Town of Ithaca road. He went on to say that the problem was that the person has an unmarketable title with the house sticking out in the road like that. RESOLUTION NO. 215 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the TOwn Board of the Town of Ithaca authorize the Supervisor, the Town Attorney and the Town Engineer to come up with appropriate documentation to authorize a continuation of the encroachment of the building at 228 Forest Hone Drive, so long as they stand in their present form. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). EXECUTIVE SESSION RESOLUTION NO. 216 Motion by Sxapervisor Desch; seconded by Councilwcman Leary, RESOLVED, that the Town Board of the TOwn of Ithaca hereby move into Executive Session to discuss possible pending litigation. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). RESOLUTION NO. 217 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby move back into Open Session. (Desch, McPeak, Bartholf and Leary voting Aye. Nays - none). Tcfwn Board Minutes 37 July 11, 1988 ADJOURNMENT The meeting was duly adjourned. p Town Clerk ArnoAviT or nrtucArios The Ithaca Journal ^tzdt of .yAs^-.S being dulv SN\*om, deposes and s£>'s, thai he resides in Ithaca, Count>' and state aforesaid and Axt be jj of Thz Ithaca, Journal a public DevsTpaper printed and published in Ithaca aforesaid, and that a notice, of which the annexed is a true Dop>', ^*as published in said paper and that the first publication of said notice was on the .cQ.^T. day of IQ-.S-S*. and s>^'orD to before me, this 19.^11 Notary Public. JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins County^^ Commission expires May 31,19t¥%/ , Pl^ T^ IsiOte^ I n we Town -.icrf• I fthdcd .will'nieet and co'nduct''; I o!,P*'blic hearing on July-^1 If.f 1968, at 7:00 P.M.,'; at'the*'. )" Jown Hall, n 126 East Seneca . - Street. Ithaca/ New York;- .to i. odoption of 6 16**'.. cal law goyemrng riolse in the , .Town of Ithdcb and will dt this time near all persons' in favor i . of or opppsea tor'the ddbplion - .of sold Ipicdl low. . ' June t ^■31 "ri"- ATFtDAVlT or nrrucATios The Ithaca Journal ^izdz xxf ^nxk, TDnxnjjfem® dnimfy, 9tj: — bemg duly r«'om, deposes and sa)^. thai be resides in Ithaca. Count>' and state aforesaid and that he is ...jCL.I.OCtL of The Ithaca Journai. a public De>*'spapei printed and pmblisbed in Ithaca-aforesaid, and that a notice, of which the annexed is a true published in said p&p>er ud that the first pubhcation of said notice was on the day of 19...S£ Su^cnbed and sw'om to before me, this . - day JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompiins County -- "-omrarssion expires May 31, N'otary Public. S:>C sa Vi^iS.TOWN OFilTHACA ijjM NOTICE OF-iPUBUC HEARIN^ PIEASE TAKE ttotlCT: thdt fhe^ Jthoca ,wlli jneeti>n4 cbn^uct-tbiibllgCK&HHrSil Julyi 1 IWB, at 7:30 rP.AA.;' afah^; Town, HoU. ;126" fost iSbijbc^^ Street, .Ithdca',' NeW 'YoVk/.' ie>a consider the odbptiohpf qTo^* col low requiring sprinkler sys-f- terns to be instolled 'in bund-V. ings in.the Town.of Ithqcd idnd - /illwill dt.this time hear oil per , sons In foyor of or opposed to'^. the adoption of said locql.fqy/! 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