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HomeMy WebLinkAboutTB Minutes 1988-09-12TCMN OF ITHACA REGULAR TOWN BOARD MEETING September 12, 1988 At a Regular Meeting of the Town Board of the Town of Ithaca, Tcarpkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 12th day of Septomber, 1988, there were: PRESENT: ALSO PRESENT! Noel Desch, Supervisor Henry McPeak, Coimcilman Shirley Raffensperger, Councilwcman Robert Bartholf, Councilman Patricia Leary, Councilwcman Thomas Cardman, Councilman John Ozolins, Highway Superintendent Robert Flumerfelt, Town Engineer John Barney, Town Attorney Robin Remick, SPCA Mary Call, Board of Representatives Gloria Howell, 120 Clover Lane Bill Hilker, 277 Bums Road Rick Vam, 44 Dove Drive Alan E. Euvrard, 27 Forest Acre Drive P. E. Tubbs, 166 Troy Road Ed Hallberg, 25 Whitetail Drive Stephen Weiss, 128 Nogel Hill Road, Candor Jim Hovanec, 1429 Danby Road Hoyt Benjamin, 1013 Taughannodk Boulevard David J. Kuckuk, 229 Forest Home Drive Carl Mann, Jr., Trumansburg Lillian Mann, Happy Lane Rocco P. Lucente, 506 Warren Road Paul Jacobs, Collegeview Park Philip L. Cox, Cornell University, Facilities Engineering Carolyn Grigorov, 126 Snyder Hill Road G. P. Grigorov, 126 Snyder Hill Road Doria Higgins, 2 Hillcrest Drive Kart J. Mount, Toitpkins Ccmraunity Hospital Rosalind Grippi, 423 E. Seneca Street Salvator Grippi, 423 E. Seneca Street R. C. Hamilton, Hcmebuilders Association Beverly E. Livesay, Board of Reps Barbara Titterington, 141 West Haven Road Celia Bowers, 1406 Trumansburg Road Wayne Shaw, 142 Lexington Drive Judy Small 107 Regency Lane Ray Small, 107 Regency Lane Renita Ballard, Dick Wilson Real Estate Mark Hamlet, 322 Siena Drive Cynthia Parrott, 131 Northview Road Sybil Phillips, 721 Elmira Road Mark Bristol, 200 East King Road Harley Steffy, 305 East Marshall Street Ronald B. Crawford, Re/Nto Associates Ralph A. Van De Poel, 1106 Hanshaw Road Arthur G. Stiers Architect,-^ 117 Winston Drive Janet Jonson, 934 East Shore Drive Tcfwn Board Minutes 2 September 12, 1988 Ivar Jonson, 934 East Shore Drive Robert E. Terry, West Shore i^)artments Richard Berggren, Williams Glen Road Jim Hilker, 255 Bums Road Karl Niklas, 1005 Danby Road Ed Cobb, 1005 Danby Road Myrtle Whitccmb, 233 Troy Road John Whitcomb, 233 Troy Road Dave Auble, 250 Troy Road Bob Reese, 312 Siena Drive Peter Ricker, 2 Pheasant Lane Alfred Di Giacomo, 1025 Hanshaw Road Mary A. Yaple, 151 Pine Tree Road Bonnie Sinpson, 112 Pine View Terrace Ron Siitpson, 112 Pine View Terrace Robert Cotts, 115 Northview Road Robert Levitsky, 176 Kendall Avenue John S. Mead, 115 Auburn Street Ken Poyer, 125 Van Dom Road Harrison Rue, 564 Elm Street Extension Christopher McVoy, 770 Elm Street Ext. Eugene Ball, 1317 Trumansburg Road Representatives of the Media: D. H. Debo, WTKO/WQNY PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. REPORT OF TOWN OFFICIALS Supervisor's Report Assistant Budget Officer Vacancy Supervisor Desch stated that the first round of interviews by the Personnel Ccnmittee is ccnpleted. Two candidates will undergo further interviews and meet with the Ccmmittee soon. The resumes of the two persons being considered are available with the Town Clerk. We expect to have a selection for your approval on September 28. Health Insurance Supervisor Desch noted that this item was inadvertently emitted from the agenda, the notification of withdrawal from the ESipire Plan in favor of Blue Cross/ Blue Shield. This has been thoroughly reviewed and with the new notice of a 26% increase, the 90 day requirement suggests that we file the notice so that the new plan takes effect prior to January 1, 1989. RESOLUTK^ NO. 251 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that, the Town Board of the Town of Ithaca hereby authorize the notification of the Bipire Plan of the Town's withdrawal from the Eitpire Plan, subject to the receive from Blue Cross/Blue Shield of firm quotations. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Recycling Town Board Minutes 3 September 12, 1988 Si:5)ervisor Desch went on to note that the recommendation from the County onk^the area of the Town that will be a pilot area is between Route 96B, South Hill and Ellis Hollow Road, East Hill. We can consider a newsletter to inform the public along with the letter that will go out from the Town and County. SPCA REPORT Robin Remick, past Director of the SPCA stated that she wished to hand deliver the contract for dog control services and to introduce the new Director, Pam Stonebraker. The contract represents a 5% increase over last year and reflects the inflation rate to the SPCA. She went on to say that the proposed 1989 contract is identical to the current agreement. PERSONS TO BE HEARD Willis Hilker read the following letter dated September 12, 1988 from Willis S. & Shirley S. Hilker, James K. & Elizabeth A. Hilker, and Willis D. & Sharon Hilker: "We would like to take this opportunity to express our deep concern over the very dangerous situation the Town has generated on Bums Road. The residents of the area were led to believe that the road was to be improved half in 1987 and the other half in 1988. We felt that the iirprovements were necessary even though the impact of extra traffic would be detrimental to the neighborhood. The first half was finished and is a great inprovanent from the standpoint of traffic. The prdblans v^ich we now face is the increase traffic on the old section has made it unsafe for both the residents and those using Bums Road. There is now on the average of one or more accidents per week on the old section vdiich is hardly one half mile long. Most of these accidents are mild in nature and the cars work out of the ditches and yards. However, they occur at a blind comer and place the lives of the residents, people on foot and onccming traffic at risk of life. Several of the accidents have required energency vehicles to respond. It is only a matter of time before loss of life will occur unless the Town takes measures to correct this situation. We, therefore, plead that the Town take immediate action to finish the road and make it safe for the general public and for us v^o live on Bums Road." Supervisor Desch remarked, so you are concemed not only with the intersection but the old part all the way down. Mr. Hilker replied, that he was less concemed with the intersection than the old part of the road. The accidents actually occur in a space of about 150 feet. Supervisor Desch rqplied that he felt a guard rail could be put up until such time as the Town gets the road widen and relocated. Councilwcraan Raffensperger remarked, we have always discussed the intersection, but you are not talking at all about accidents at the intersection. Mr. Hilker replied, there was one quite serious accident there about six weeks ago. There are accidents there also, but he was not counting those. SPRINKLER ORDINANCE PUBLIC PORUM Town Board Minutes 4 September VI, 1988 Si:5)ervisor Desch stated that he knew there was a lot of interest in the Sprinkler Law and a lot of people v^o have ccaranents that they would like to make. He felt that a lot of the questions can be answered by seme specific information that will be made available. Chief Olmstead is here and will be making a presentation and then a fifteen minute movie on residential sprinklering and a demonstration that Chief Olmstead has set up. Chief Olmstead remarked that they had had as a back burner project for sane time, a public education program on residential sprdLnklers. We moved that schedule up after the Town passed their ordinance and made arrangements with the New York State Fire Chief's Association to bring in a mobile dononstration unit v^ch we are now setting up outside. It's an actual demonstration of a residential sprinkler system and we feel very ccmmitted to try to educate people to the facts of the system. We are confident enough in the dononstration to have people go into the trailer and set a fire and the sprinkler system puts it out. Our role in this is strictly an educational role. We are not part of the Town process in adopting the ordinance. We have a single focus here and that is to make sure all sides have the same ccmmon body of knowledge. Andrew Frost, Building Inspector/ Zoning Officer showed a film on fires with and without sprinklers. Supervisor Desch stated that needless to say the adoption of the Sprinkler Law is a very bold investment, a very bold decision. It cones about after a considerable amount of effort, not only in identifying statistics, seme of vdiich seme of you are seeing for the first time tonight but it also is brought about by the pressure on the Town with relation to the fire department budget and that is a driving force as well as the interest in life safety. He felt the best thing, at this point, was to give the people the mm opportunity to raise questions or ccmment. Celia Bowers, 1406 Trumansburg Road stated that she would like to ask one question, that being how many fire fatalities have there been in the Town of Ithaca in the last ten years? Supervisor Desch replied that he did not know. Mrs. Bowers went on to say that obviously she felt that ultimately sprinklers were a very good idea if people want than. However she was dubious about legislating them for a few. At this point in time it is the wealthier people in the Town of Ithaca v^o are buying new houses. She asked v^at was going to happen to all of the existing homeowners for v^on installing sprinklers is probably pixDhibitively expensive. Are these people going to suffer less fire protection, are we going to hire fewer fire fighters to protect these people without sprinkler systems because the few vdio are in new houses have them? She stated that she would like seme sort of assurance from the Town that as long as one house remains without a sprinkler system that you will keep fire protection at a safe level for all residences. Mr. Desch spoke to that point, he said there was financial pressure on the Town and she just hoped we are not protecting the rich at the expense of the average homeowner. ^ Supervisor Desch replied, v^en the Town looked at the first draft of the local law there was a provision and a requiratient in the local law in respect to retrofitting of single and two family homes. The way the law was adopted there is a retrofit requirement for all other structures over a ten year period. Several of the other municipalities who have adopted mandatory sprinkler ordinances have had five year retrofit program. Tcwn Board Minutes 5 September 12, 1988 Mrs. Bowers asked, is it not the case that most of those localities are veiry wealthy? Supervisor Desch replied no, not at all. We track fairly closely the kind of immicipalities that are adopting this kind of an ordinance. As a matter of fact there is a small village in Illinois, a village of 2000 people that does not have a municipal water supply, the residents are all on individual wells, they have adopted such an ordinance. They have a wide range of family inccxnes in that village. Their reason is scmevdiat different than ours in terms of the status of their fire department, the status of their water supply, etc. As far as the trend and vdiat it is going to be, clearly there is going to be an incentive for people like himself v^o live on the perifery of the Town in a hundred and seme year old farm house, as the technology and ccnpetitiveness of being able to install and identify firms that do the installations, the unit cost is going to go down so the feasibility of retrofitting residential properties, such as mine, probably will become more and more feasible in a short period of time. So he thought that the point is well taken that even though there is a considerable amount of growth in the Town, so that the timing was an issue with us so that we felt if we were going to do it at all we felt we ought to do it before the level of growth, particularly with attached housing, multiple housing, rental housing, takes place that we could have the most effect by doing it that way. He though that in total it was an overall program that was going to be of interest, not only to those v^io are buying new houses, but those of us \dio have a very keen interest on protecting our property. Mrs. Bowers replied that she knew but you still haven't not answered her question vMch was fire fighting for people v^o do not retrofit. Supervisor Desch replied, there will always need to be a solid fire department operation. The makeup of that operation is something that this Boa2:d and future Boards will have to address. This does not mean that fire departments will be done away with. A lady in attendance stated that her comments were about budgets and money, and education. Suppose you have around $50,000, a very small amount of money, it may take care of two or three houses. Now let's spend that $50,000, v^at about a public education for the prevention of fire. We haven't had a campaign to prevent fires, a little ccnment once in av^le, you really need to talk to people. Take $50,000, every single week you have pictures about how to behave to avoid fires. Avoiding fires is the point. Fires are not accidents, they are caused and we can do something about educating people. She stated that she meant every week, all the time for effective money spending. Si:pervisor Desch replied, vdiat you are really seeing is the commitment on the part of the Chief and the fire department. The lady replied no, vhat they are doing is taking care of it after everybody is acting nutty. She wanted to prevent people from acting nutty and starting fires. Supervisor Desch replied, the fire department' for years has had fire prevention week. The lady replied that she was talking about every week. Chief Olmstead remarked, if you take the amount of time in a twenty-four hour cycle in the fire department, that the fire department responds to emergency incidents, it's probably somewhere in the five percent range out of a twenty-four hour day. This year Town Board Minutes 6 September 12, 1988 we will probably respond to 3,500 incidents. If you want to put an average time on most of those of a half an hour and work that out with a calendar you have a pretty good size part of time left over. The majority of the fire fighters time, the career fire fighters, is spent in, not only internal training and maintenance, but on public education. We have daily programs both in the fire station and outside the fire station, we have a voluntary hcme inspection program that we started about four months ago. This month we will be speaking to League of Women Voters, the City Club, the Rotary, the Kiwanis, so we have that out reach into local groups. Our fire prevention program really is a year aioimd program and the biggest problem is that we have to fund that program on scroething like $4,000 a year because most of our budget goes to equipnent. We are trying to do exactly what you say. Alan Euvraird, 27 Forest Acre Drive stated that he wished to thank the Board tonight for taking the time to consider the inpact of your recent legislation to irequire sprinklers in all new buildings in the Town. Mr. Euvrard went on to say that the TOwn of Ithaca was only the second ccmraunity in New York State to mandate and he hoped that tonight we can convince you that there is a more effective way to acccnplish your goal of increased fire safety. While we cannot refute the statistical data that sprinklers do save lives, one must look behind the statistics to see v^ere the data came frcm. Generally the studies have been based on a nationally conducted survey and have not taken into account the unique practices of New York State. Specifically the 1984 Uniform Fire Prevention Code and its rigid enforcement in this area. These studies do show that fire safety is not a new housing issue. 97% of the fatalities due to fire in 1986 were in hoties greater than ten years old and only 1.2% were in homes less than five years old. It is safe to assume that this new housing stock will remain safer even as it ages, due to its design and construction using safer materials, techniques, including but not exclusively safer electrical systems, separations between the house and garage and adequate central heating systems precluding the need for space heaters, mandatoiry smoke detectors and increased fire stopping including better design and second egress from structures. More rigid enforcement of the unifom code. These factors together with improved fire safety education have contributed to an overall reduction of residential fire deaths fran 1976 and 1986. An obvious observation from this data is that the critical need for improvement is not new construction but the existing housing stock. Those living in older housing, the elderly, the poor and young families will least be helped frcm mandatory sprinklers in homes. He went on to say that a second factor to be recognized when considering sprinklers is the cost of installation and the impact of this increased cost. The cost associated will be enormous based on the data from National Association of Hcm^uilders. National enactment of this would cost between 3 and 4.2 billion dollars a year based on $2,500 per single family residence and $1,000 per multiple residence. In a limited survey of New York State applications to cost has been found to range between $3,000 and $6,000 per unit. Based on two hundred starts in Ithaca we can project an increased cost of construction exceeding one million dollars a year. With local housing costs already out of the reach of so many this will only aggravate and already bad situation. He stated that he has attached case studies fim six projects in New York State in the last few years illustrating cost ranges as low as $1.29 per square foot to as high as $7.50 per square foot, or between $1,500 and $9,000 a unit. Included in these prices are not only the plumbing costs but additional meters, engineering, soffits and other carpentry to ease installation of the pipes. Not included are costs such as holding tanks, for non-public water installations, puitps for low water pressure locations, new one inch Town Board Minutes 7 September 12, 1988 or larger service laterals for locations where existing 3/4" services exist crossing roads and utilities. Damage frcm either frozen pipes or accidential discharge during installation. A final point to consider is the reliability of residential sprinklers. Despite sprinklers long use in ccnimercial applications there is little available data as to their reliability in a residential application. In a ccanmercial situation there are generally maintained by a professional staff \diile in a residential application maintenance will depend on the hcmeowner along to maintadLn and monitor the system. The system can be rendered inoperable through a variety of either deliberate or accidential ways. The sprinkler heads can be painted over, they can be removed for cosmetic reasons, the entire system can be shut off or the water pressure could be insufficient to operate the system. Any of these would render the system unless. To conclude, vhile sprinklers impact fire safety, they have a minimal beneficial irtpact on new housing. Most fire occur in the older housing stock, new homes are safer both by design and construction. Their additional cost would aggravate a housing affordability v^ich is already severe in this market. Reliability, in the long run, in a residential application is unknown. He urged the Board to reconsider you action and release low density residential construction frcm this restriction of mandatory residential sprinkler. Supervisor Desch asked Mr. Euvrard if he had the house values in each of the cases? Mr. Euvrard replied yes, it's in the case studies, seme of it. At least one of them ran as high as 7% of construction cost. If we look at a $3.00 per square foot for installation we are talking about adding 4-5% cost to a new home. Which is aggravating an already severe situation. Supervisor Desch replied that it depends on how that compares with the amortization cost of the fire service itself. Mr. Euvrard replied, but Ed Ohnstead already tells us, in his data here, that the largest portion of their time is not responding to fires. It's spent doing other things, fire safety, emergencies and other things. Fires take a small portion of his time. Supervisor Desch replied true, but you have to look at the full cost of service vhen you break it down. Mr. Euvrard replied, but sprinklers will not reduce that, there are still going to be emergencies. Supervisor Desch replied, that's debatable. Hoyt Benjamin, 1013 Taughannock Boulevard remarked, this seons to be a very unpopular law that the Board passed here and there are a lot of people waiting outside that would like to be in on this. It seems that the public would like to say a lot more about this than you are giving them the opportunity to say. He stated that he would like to see a referendum on the issue at the November election and that he would like to see a waiver of this law until a referendum could be held. He went on to say that he thought it should be the people of the Town of Ithaca that decides the issue not just the Board. Don Gregg, 612 Coddington Road stated that he had been involved in trying to build a modular hcme. He stated that he realized he was dealing with a particular type of construction but he has been told by the company that the company itself cannot install a residential sprinkler system in this home because they need six to twelve Town Board Minutes 8 Septe30±)er 12, 1988 months to get a New York State approved system. If the system is retrofit, the warranty can be cotpletely voided on the home, the vapor barrier being a sprayed system, being penetrated by the sprinkler system, technically means the house no longer meets New York State energy codes. How will these issues be addressed? Supervisor Desch replied that it was not at all clear that the v^xDr barrier needs to be penetrated. Mr. Gregg replied, this is a sprayed system it's not a milled system so, therefore, being on the back of the sheet rock inside the home it does need to be penetrated to have a head protrude. Supervisor Desch replied, that depends on v^ether you are trying to bury all the piping. Mr. Gregg replied, sheet rock would have to be removed in a hone of this particular construction to run piping up through and then penetrate back through. Also, this is a cathedral ceiling home and there is a void space between the roof and the physical ceiling of about four inches. Will sprinklers be required in that void space as well? None of this has been addressed. Supervisor Desch replied, that is a detail that the Building Inspector would address. The Supervisor felt it was not appropriate for him to give any answers. Mr. Gregg remarked, as far as the housing industry is concerned, how are they to addiess this particular item. Supeirvisor Desch replied that he thought Mr. Gregg should bring his supplier together and meet with Mr. Frost. That's the place vhere those questions can best be answered. He felt there were answers to these questions as Mr. Gregg was not the first person to raise them. There are people in the Town vdio would like to build modular housing, also mobile hone projects. Your questions are very valid but he felt they could be addressed. Wayne Shaw, 142 Lexington Drive remarked that had the Boaird passed this law a few months ago he would not be living at 142 Lexington Drive because he did not feel that he could have afforded the house that he built. He stated that he had a prciblem though, as it seemed to him the Board kept pushing and pushing, and that the Board had to realize that soon you will be making it so safe that we cannot afford to live in our homes. He stated that he wished to Board would reconsider this and start thinking that mai^ this is a little illogical considering the total cost of \tot is going to be involved with everybody versus the benefits. He noted that the Chief made a comment that it made him feel better that he retrofitted his home and that's great but it would not make him feel better to have this system and he felt that he was grown up enough to have that choice and he wished the Board would leave him to have that choice. He felt the Board did not need to make this choice for him. Supervisor Desch replied, the other choice you have is the choice of how much you pay in the way of fire taxes also. Mr. Shaw replied, that he was willing to face that should we have to face it. To give me idle threats versus something as costly as this to the community, he would rather pay fire taxes. Supein^isor Desch replied that he thought that if Mr. Shaw was going to raise the kind of questions that he was raising, v^ch were appropriate questions, then you also have to look at the other side of the coin. Town Board Minutes 9 September 12, 1988 Mr. Shaw replied that he had looked at the other side and that he had been involved with the Federal Government to long to be scared by that other side. He felt the Town should have a choice and if we as the Town want to take that other choice, you as a group should not be making that decision. That is vtet I am asking you. Maybe the vote that the other fellow is asking for is the right way of going about this so that we can have the choice, not the eight or nine of you. Supervisor Desch remarked, but my only point is that he felt Mr. Shaw owed it to himself to look at the projections before he reached a final conclusion. Joe Quigley, 181 Iradell Road stated that v^en he first heard about this it raised several questions in his mind. The first question was how many people have lost their lives in the Town of Ithaca as the result of not having a sprinkler system and he has not been able to cone up with any cases of this happening. He stated that he then asked himself, this must be a tried out law here, an ordinance that has seme experience behind it and since it is so full of difficulties there must be a lot of municipalities in New York State, for example, \^o have tried this out, like Ithaca. He stated that he had not been able to come xxp with any, maybe there are but he just did not know about than. The areas in the Town of Ithaca v^ich are undeveloped vdiich will see most of the development are areas vtoch right now do not have water and sewer. It is not very practical to have this type of system without public water and sewer, having to use storage tanks and pumps, all of the things that have to go onto a system like this, from the homeowners standpoint seems to be v^olely impractical. Again, it leads him to believe that this v^ole thing was not researched clearly as much as it should have been. We have heard people talk about such things as v^t this add to the cost of a house. He stated that he was a real estate agent and vdiat it does, in pure terms for anyone of us here viio is going to buy any given house, we need a raise of $186.00 a month to buy the same house. Those kind of raises are not out there in the present climate. You are clearly making us afford a lesser house because of this. The payback on scmething like this is not clear. Usually \dien you put scmething into a house like this you are looking for a payback, and v^le he did not think anybody here was prepared to talk in terms of potential fire costs, take for example fire insurance, he stated that he had asked Lama Insurance Ccxrpany how much could he expect in a way of reduction in his fire insurance because we have a sprinkler systoxi in his house. Mr. Lama said 15%. That translates to about $30.00 to $45.00 a year. You are going to put $6,000 into a fire extinguisher, it would take 400 years to pay itself back. Supervisor Desch replied, the Town Board in considering this ordinance at no time sold or pushed the need for this ordinance on the basis of reduced insurance costs. He stated that he wanted to make that absolutely clear. The amortization we are talking about is in relation to the choices that we have to provide a fire protection service. That's the option that we are providing for the future of the ccmmunity, not the question of insurance. Mr. Quigley replied that the question that he had on his mind was that the underwriters of fire insurance in the industry try to quantify all this for us and they attach a very low premium to putting sprinkler system in houses. They don' t think it' s worth\diile or they would give us a bigger discount to do it. There is a lot of expertise focused on this issue and perhaps we should listen to that. He stated that he felt it was clearly a very loipopular ordinance and we have too much government in this world that we live in. While this may be a great ordinance, why don't we Town Board Minutes 10 September 12, 1988 let scaneone else try it out for a couple of years, see how they do, see vtet the issues are and then make seme decisions. Councilwcman Raffensperger remarked, as people are caranenting on this, she would be interested in knowing v^ch of the ccmments are directed solely to one and two family houses, and vdiat you think of the sprinkler ordinance as far as multiple housing, motel, places of public assembly. She stated that she couldn't quite tell as people speak how they feel about the different issues. James Hilker, Bums Road stated that he thought that for multiple residences and the hotels and such is probably a good idea, as far as the one and two family homes go he felt it was a little crazy. He stated that he understood the law was brought on to ease a tax burden because of the new equipment needed for the Town. He stated that he did not believe the one and two family hcaftie sprinkler systems is really going to make that much difference in the tax increase and he felt it was going to go up regardless, over the next ten years, considerably. Marge Dillon from the Day Care Council stated that had no quarrel with the requirement of sprinkler systems in public buildings where children are cared for in day care centers but 80% of the day care takes place in private homes. She went on to say that if she understood the ordinance, anyone taking care of more than seven children in their home, even though its an older home, would be required to install a sprinkler system. Although that soimds like it would make the children safer, she was afraid it would have opposite effect. What will happen is that care will continue to be done without being regulated. Most of the day care taking place in peoples homes is not regulated. It will continue not to be regulated if you place barriers for people to come forward. So rather than thinking you will get a sprinkler system that is twelve children being cared for vhat you will get is no knowledge at all as to vdiere those children are, no knowledge v^ere there are twD exits for a fire extinguisher, v^ch you would know if they come forward and are regulated under the regulations that exist now for family day care. She did not know if she was saying that they ought to be exempt but that the cost has to be bom by scmeone and it's a real problem. Ed Hallberg, Deerrun Developer stated that he would like to address v^at the Supervisor was just mentioning and that this is really an economic issue in terms of what it is going to cost to provide the Town with adequate fire protection brought on by the increase in development and new housing in the Ithaca area. He stated that he ran seme numbers and the average house size in the Town of Ithaca is being built at approximately 1,700 square feet, at $4.00 a square foot that's $6,800 for a unit. He stated that the buildings that he builds and most of the builders that he talked to, every dollar in construction equates to approximately $1.38 in real costs. That takes into account the increase in realators fees, engineering, architecture, taxes, insurance, interest and everything else. It raises the qualifying inccmie to get that mortgage to $3,603.86 per year. With the average income in- the Town of Ithaca approximately $26,000.00 that's approximately a 15% jump in qualifying income necessary to buy a house in the Town of Ithaca. The diehard issue in this has now come down to v^ere the Town of Ithaca has grown to v^ere the Cil^ of Ithaca present fire fighting capability needs to equipped with more equipment and perhaps a full time force. The number that you gave me a few weeks ago of approximately $400,000.00 a year for 5,000 households in the Town of Ithaca it is approximately $80.00 per household as opposed to $84.09 per month new household. In a Town that is crying for affordable housing he felt this was a little silly. Town Board Minutes 11 September 12, 1988 Harley Steffy, 305 East Marshall Street asked, \ih.at proportion of the fire protection that we supply, the City of Ithaca and the Town of Ithaca, goes to Cornell and Ithaca College and do they have their own fire departments there, also do they supply any inccme to our fire department here in Ithaca? Supeirvisor Desch replied, vdiat you have done is to hit the nail on the head in a large way and that is one of the primary driving forces for the tax rate being as high as it is and for the level of ccmplexity of the equipment and support facilities is being driven by the facilities that are in existence at Cornell and Ithaca College, Mr, Stef:^ asked if they could be billed for it? Supervisor Desch replied they cannot be billed for it, it's unconstitutional, Mr, Steffy asked, then do we still have to supply them with fire protection? Supervisor Desch answered, yes and no. By practice, yes. If the Town were to form it's own department, no, Mr, Steffy remarked, many times they have false alarms. This is problem. Can they be billed for the false alarms? Supervisor Desch replied, the City of Rochester adopted an alarm ordinance but like the sprinkler law it is controversial and very difficult to administer. As a matter of fact it is much tougher to administer than the sprinkler law. It is not at all clear that the numbers that you need to recover the cost to provide that fire service to the educational institutions can be billed at per alarm rate that you would have to recover. The major question is vdiether the Courts would determine that to be highly punitive, Karl Niklas, 1005 Danby Road ronarked that it seemed to him that one of the arguments that's being advanced for this ordinance is that sane how or another relief has to be found in one form or another against the rising costs of fire protection. It seemed to him that that was related to the rapid rates at vdiich the Town of Ithaca was e3^)anding. When the moratorium issue was raised GINA we were told that the infrastructure of the Town was capable of accepting the rapid developmental increases that we have seen recently. Yet here we see a syitptom of v^ere the infrastructure in terms of fire protection has been essentially jeopardized and viiat has happened is we are transplanting the costs for fire protection to the pocket of the future hcmeowners. He stated that he saw here a lot of opposition to that and vdiat it really boils down to are very closely related issues, is rapid growth and excessive development. In many cases, multiple residential zoning, density is defined by the number of dwelling units per acre not the number of individuals occupying it. It's the number of individuals living per acre or non-related individuals within a dwelling unit that flush toilets, drive cars and accidentially set fires. He felt that the Town Board, in a broader perspective should review an evaluation of setting caps on the density of people living in MR Zones, He stated that he further suggested to the Town Board that there is another problon that needs to be addressed and we have already seen presidence where rental units are built and leased to Ithaca College or seme other educational institution and as a result of that lease the number of individuals living in those units increases beyond the recognized bounds vMch were defined hy the Planning Board in granting approval for construction, He stated that he would ask the Board, in a broader context to concern Tcwn Board Minutes 12 September 12, 1988 yourselves with the issue of density and safety and the infrastructure of the Town. Supei:visor Desch stated that he felt Mr. Niklas was way off base in the projections that you are inaking as to vdiy we are here. Why we are at this point with the sprinkler law. The reasons vdiy fire houses are being built on South Hill and West Hill have very little to do with growth. Wfe talk about the desirability of legislating inpact fees but if you try to legislate, let's take the South Hill fire station. If you try to legislate an impact fee on the future development of South Hill, and include the cost of that new fire station the Courts would throw it out because the need for that fire station exits there today even if you have no other building permits issued on the entire area of South Hill. When we look at th costs for fire service and project those costs for the entire Town you have to look at the time frame and say okay, the investment in that system, that rapid response system, called a sprinkler system in the hcme, is in effect an impact fee because its deferring or eliminating potentially the cost to go yet beyond another level of infrastructure. Additional fire houses because there is a lot of area that are still outside the limit of this new fire house that we are building this ccming year. So we are talking not only about the projection of costs that this used to cotpare with the cost of installing sprinklers but you will have to put on top of that another v^ole layer of costs which have not been discussed at all. We are not looking at something vMch is 25 years out in the future we are looking at something that is beginning to hit home now and is going to hit home in increasing amounts with the infrastructure already committed to build for the existing need. You are talking about parameters that are even beyond the projects that we have made. Mr. Niklas remarked that was not sure exactly how the caiments that he made are some how or another involved with the fire department or the fire station that is being built. He stated that he did not think he had mentioned South Hill in particular. He thought his point here was that, and he could show maps showing density, as for example since you bring up South Hill of a development plan before the Town Planning Board and on 30 acres we are talking a minimum of 600 people. That is 600 people in 30 acres vMch is one of the highest densities in that i^ole are, in fact thats the minimum number. He stated that his point is really, we should consider density in terms of people, we should consider rapid development in terms of the cost for maintaining the Town's infrastructure and supplying future infrastructure for the rates that can be projected based on present developmental furiosity. He stated that he did not think he was off base here but he would be happy to discuss it with the Town Supervisor. Supervisor Desch replied, he thoughts that there were a couple of other offshoots of that issue which would be worthvdiile to discuss. Mr. Niklas remarked that he thought that he gave one and that was to set a cap on the number of individuals living in a dwelling imit. Supervisor Desch remarked, but you have to realize there is a negative effect by doing that also. You have to ccnpare the cost of the negative effect with cost of the additional infrastructure. Mr. Niklas asked vtot was the negative effect? Supervisor Desch replied, the negative effect is the capping of the increase in the assessed value of the tax base in the Town of Ithaca. Town Board Minutes 13 September 12, 1988 Mr. Niklas asked if students contributed to that tax base? Supervisor Desch replied, they sure do. Especially in that particular project that you are talking about they will. Supervisor Desch asked if the Board wiidied to continue discussion on the Sprinkler Law at the next meeting? The Board agreed they wished to continue the discussion. Chief Edward Olmstead remarked that one of the things he heard here tonight is that it is a similar prdblen that the City has. There is not a v^ole lot known about v^o the fire department is and v^t they do and the services. Seme of the questions that you have asked about the relationship of Cornell, future costs and about vdiere we are. He stated that he wanted to make an offer, both individually and as groups, that he would like to come and spend some time with people on that issue and talk about v^ere we are today in terms of the fire protection and emergency medical issues of the ccnitiunity vMch is really the biggest service we render and help fill out seme of those voids and gaps in your understanding of how this issue is going to grow in the next few years. Councilwcman Leary remarked, since this is a continuing issue and if we do eventually amend the law, we may be in a position of having people already begun installing sprinkler systems and it will put us in kind of a funny position. She asked if there way to suspend the law until we decide and work out exactly vtot we want to do? Supervisor Desch replied not as long as it's on the books as an adopted law, you can repeal it. Councilwcman Leary asked if the Board could say that next month they would decide v^ether they are going to amend it or not. Call a public hearing and decide one way or another next month. Councilwcman Raffensperger replied that at seme point this Board has to discuss it. She stated that she has had many phone calls and that she had many questions about the comments that have been made. At some point this Board has to discuss \tot has happened and how we got there and vdiat are we going to do about it. She asked vdien this would be? Sijpervisor Desch replied, at your pleasure. Councilwcman Leary asked about multiple housing. She stated that we don't have people here vdio are renters, vAio probably know about this and landlords wouldn't speak to it because they can pass it on to the renters. She stated that it concerned her a great deal because it goes back to the old issue of affordable housing, affordable residences and just as it vrould increase the cost in single family housing it would increase the lanit cost for the multiple. She felt the Board should consider this. Councilman Bartholf replied that he felt the majority of the people concerned about the sprinkler law are concerned with single and two family houses not multiple. Councilvonan Raffensperger renarked to Councilwcman Leary that she felt v^at influenced many of the Board v^o have lived here in Ithaca for a length of time, ronember a fire here in Ithaca where there was a fire in a multiple residence and the only one in vdiich there was substantial loss of life. These were extremely mobile college students, so she felt this prejudiced the Boards view about multiple housing. Town Board Minutes 14 September 12, 1988 RESOLUTION NO. 252 Motion by Councilman Cardman; seconded by Coiancilvotian Raff ensperger, RESOLVED, that the Town Board of the Town of Ithaca will meet and hold a public hearing at 7:30 P.M., on October 17, 1988 to consider amending the Sprinkler Law exempting new single and two family hones. (Desch, McPeak, Raffensperger, Bartholf, Loary and Cardman voting Aye. Nays - none). PUBLIC HEARING TO CONSIDER AN APPLICATION FROM EDDYDALE MARtCET, EE^RA ROAD, ITEffiCA, NEW YORK, TCWN OF ITHACA TAX PARCEL NO. 6-35-1-10.1 FOR THE REZOJING OF SAID PROPERTY FROM R~30 TO MODIFIED BUSINESS "B" Proof of posting and publication of a notice of a public hearing to consider an application from Eddydale Market, Elmira Road, Ithaca, New York, Town of Ithaca Tax Parcel No. 6-35-1-10.1 for the rezoning of said property from R-30 to modified Business "B" having been presented by the Town Clerk, the Supervisor opened the public hearing. Town Planner Susan Beeners stated the main features that were asked for in the modified Business "B" zone were such items as an expanded range of goods vdiich could be sold at the farm market being sane convenience type items suitable for the state parks trade. Additionally there was a request for increased storage for produce including seme roans to keep produce at a controlled temperature and office space and a loading dock. In addition it was proposed that the remaining land in the back, about 15 acres, would be retained agricultural. She went on to say that the Planning Board examined the proposal and they recanmended to the Town Board in their resolution of June 21 that the request, at this time, be denied with their determinations being that at this time there was no need for additional business zoning. There were other lands vdiich were suitable for business or light industrial use in the Elmira Road corridor, v^ere those uses are permitted and that there might be some irtpact on the adjacent residential areas. Anyone v^o was on the Town Board back in 1981 might ronember a denial of essentially the same type of request. The Planning Board did recommend to the applicants that they go to the Zoning Board of J^peals to try to get the storage space, office space and other structures tliat they feel are essential to proceed. She went on to say that her recommendation to the Planning Board included a consideration that if sometime v^en there are the staff resources to permit it and the time is available, that there should be a study of the entire Elmira Road corridor viiere we do have some existing houses which are actually zoned for business use. In light of the Five Mile Road rezoning \diere 70 acres of industrial zoned area was turned into residential, we do need to look at more industrial and commercial land down the road. It would be good to have a corridor study through there and see whether the Eddy property might actually fit into some kind of a more conprehensive rezoning scheme at a later time. Supervisor Desch asked vhat was the date of the document called "A proposal to rezone part of the premises "? Is that pre Planning Board? Ms. Beeners replied, that is vrtiat was submitted and reviewed by the Planning Board in June. Town Board Minutes 15 September 12, 1988 Supervisor Desch closed the public hearing. RESOLUTION NO. 253 Motion by Councilwonan Raffensperger; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca, i:^n the recorinendation of the Planning Board and for the reasons enumerated in their reccnimendation, hereby denies the request for rezoning of Eddydale Market, Elmira Road, Ithaca, New York, Town of Ithaca Tax Parcel No. 6-35-1-10.1 from R-30 to modified Business "B". Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffenspe2?ger Voting Aye Supervisor Desch Voting Aye The Resolution was adopted. TCWN ENGINEER' REPORT Town Engineer Robert Flumerfelt reported that the water and sewer improvement projects. Phase I is in the clean up stage. The sewer installation on Campbell Avenue will be started after the reopening of Cliff Street. We are progressing with the plans for the East Shore Drive sewer extensions and hope to have them ready for bid the end of Septeniber. He went on to note that on the extra construction costs for Dates Drive, the Town of Ithaca has already approved their share, TOnpkins County has made a verbal ccsimitment for about $14,000, the Tcnpkins Caranunity Hospital has sent us a check for almost all of their share and the Professional Building has not responded to date. The Town Engineer went on to say that the I/I Study in sewers in the Northeast area is progressing and Pickard and Anderson expects to have a draft copy of their report on the results by the end of Septorber. He went on to say that the mapping and design plans for the sanitary sewer for the proposed West Hill fire station have been sent to the architects for inclusion in their proposal. PUBLIC HEARING TO CONSIDER AMDING THE ZOSflNG ORDINANCE AND LOCAL LAW #3 OF 1984, REGARDING THE EXPANSION OF PERMITTED USES ON THE LA TOURELLE PREMISES, 1150 DANBY ROAD, TCWN OF ITHACA TAX PARCEL NO. 6-36-1-4.2 Proof of posting and publication of a notice of a public hearing to consider amending the Zoning Ordinance and Local Law #3 of 1984, regarding the esqpansion of permitted uses on the La Tourelle premises, 1150 Danby Road, Town of Ithaca Tax Parcel No. 6-36-1-4.2 having been presented by the Tcwn Clerk, the Supervisor opened the public hearing. Town Planner Susan Beeners stated that a revised general plan was submitted and includes a year round tennis bubble, an additional out door tennis court and additional parking, also the ability to have a dining facility within La Tourelle itself. There are no hotel type facilities within La Tourelle now. There may be, at a future date if La Tourelle is ever expanded and the second wing is Tcfwn Board Minutes 16 September 12, 1988 expanded, there my be need for modifications and widening of the driveway. There has been discussed, and agreed, that the landscape would be coipleted and additional parking would be provided by the end of October of this year. It was one of our recanmendations that in order to keep a country atmosphere it would be irtportant to limit the amomt of signage that would be visible from Route 96B, that no additional signage be put out there to advertise the dining facility which Mr. Wiggins says is necessary in La Tourelle in order to have alcoholic beverages there. As no one wished to speak the Supervisor closed the public hearing. Councilwcman Raffensperger remarked, in the original legislation it say that "absent a permit system, the occasional serving of food and beverages for the guests of La Tourelle for special occasions such as weddings or other social occasions is permitted." Has that been the case, has that facility been used only for guests of La Tourelle and would that continue then to be the case? Walter Wiggins replied, no it has been used for wedding receptions primarily and other meeting functions for people \dio are not necessarily residing in La Tourelle. The vdiole problem came about because there is no legal slot for this kind of a facility. We thought it would be possible to apply for a permit that would enable us to handle wedding receptions and v^tever and to provide beverages for hotel guests. There is no slot because we are not like the Dug Out and we are not a hotel as such and do not choose to have a hotel lounge so there was no way that the liquor authority can give us a license to allow us to serve beverages for receptions or for guests vdio are staying in the hotel. What has happened is that each time a special permit has had to be obtained every time a function is held. Councilwcman Raffensperger remarked, that is fran the liquor authority but that she was really taicing about the regulations as set up by the Town of Ithaca in it's Special Land Use Legislation v^ich it looked to her that it said that to this date La Tourelle was to be used for special occasions such as wedding receptions and other social occasions only for guests of La Tourelle. She asked if she was misreading it? Town Attorney Barney stated that he felt that related to out door activities principally. It was really designed to keep the noise level and that sort of thing down. Coimcilwcman Raffensperger remarked, but even that question is sort of aprapos, because the question that cones next is with the changes that are being proposed will there be a restriction as to the use of it to the public at-large or will it be restricted to guests of La TOurelle, all of these permitted uses? Town Attorney Bamey replied, the answer is that he thought under the proposal there would not be a restriction in that type of use. He went on to say that he was not sure it was ever defined v^t guest of La Tourelle is. He felt Councilvonan Raffensperger was reading it as overnight guests. There is no question about it, this proposal has broadened out scmevdiat the permitted uses there, the reason for that and he felt he was probably the prime instigator of that as anybody because we have had several applications from La Tourelle over the years, as they ccme forward and as the development has evolved, and the use has evolved. He thouc^t the use, as originally started was going to be kind of a bed and breakfast type and has obviously moved away from a Ma and Pa kind of single family house converted to a bed and breakfast, it's not that kind of an operations, it's more a resoirfc area. He stated that he was concerned because eveiry time they moved they had Town Board Minutes 17 September 12, 1988 to ccme in and get and application and get an approval and it seemed to him wiser, that having to go through this process every single time, for exanple to raise or lower a bubble on a tennis court, or allow the facility to have people visiting it or have a dinner like we had for Larry Fabbroni out there, to have to have them cane in each time for a permit, have the Planning Board and this Board review it each time, it did not make sense. It's beccming a resort and there have been no problems. Councilwonan Raffensperger stated that she did note, however, the coranents that the Planning Board made having to do with the incremental change in zoning ordinance provisions vdiich were hammered out, to say the least, in the past and in reading that and having seme sympathy for that kind of discussion and also, however, with having an understanding that there have not been ccmplaints about the use. As a matter of fact there have been very nice connents in the coiinunity, her only objection to this is Section 6 vdiich seans to her to go over broad and to really be a kind of blank check. Town Attorney Barney replied, the reason that was put in there is to still require the Planning Board approval and secondly if someone wants to come in and have a storage shed, right now the whole process has to go all the way through, come to the Board here and be approved. These kinds of, v^t he would not call major things, but an added building hero or there or, a change in the p>arking or landscaping, does this Board want to hear these things all the time? Right now the vdiole thing is kind of cast in canent, now the question is is the need there for the strong and severe limitations given the neighborhoods reaction to it? Councilvonan Raffensporger stated that she guessed she still felt, that vrtiile she did not want to approve storage sheds, that p>articular section is drawn so broadly that she coxild imagine that there would be development proposed under it that she thought would be appropriate for the Town Board to consider, p)articularly considering the history of the special legislation for the district. Mr. Wiggins asked if the Board didn't feel that the control by the Planning Board would satisfy the concerns vMch were expressed. There are people v^o are equally, if not more, concerned with the planning and development of the area v^o would be required to review those auxiliary facilities. He stated that he did not even know vAiat he was talking about because none were envisioned. Councilwonan Raffensperger responded, because the Town Board drew the original regulations and, therefore, took a kind of sp)ecial responsibility in doing that she felt her answer to Mr. Wiggins was no, she did not think that was sufficient. Councilman McPeak stated that he had no problem with Number 6 knowing a little about the hotel biasiness and things that crop up. He stated that he was a p>arty on the original legislation and there are things that you have to do once in a while without a long lead time, and he felt this was \diat Mr. Wiggins was getting at. For exanple, he has a big wedding and he has to put up a tent or seme typ5e of terrporary structure and he doesn't have the time to come to us to do that. He stated that he was perfectly comfortable with the amendment as it reads. RESOLUTION NO. 254 Motion by Councilman McPeak; seconded by Councilman Bartholf Tcwn Board Minutes 18 Septotiber 12, 1988 RESOLVED, that the Town Board of the Town of Ithaca hereby make a negative determination of environmental significance for the proposed revision to Local Law No. 3 - 1984. Councilwanan Raffensperger ronarked that in her opinion with Section 6 in there that the potential envi2X>nmental irrpact would lead her to vote against it. Councilman Cardman remarked that he would want to see Section 6 removed before any further action is taken. Supervisor Desch replied, you can condition the negative declaration with that kind of a comment. Town Attorney Barney remarked that this is v^ere SEQR is really causing us more headaches than helping us, he suggested that the Board take a straw vote as to v^ether they want Section 6 in or out and then if the decision is to take it out then he felt the Board should deal with SEQR \^en they have the proposed legislation in front of then with that section out of there. It was the Board's decision, five to one, that Section 6 be removed. RESOLUTIOJ NO. 255 Motion by Councilwoman Raffensperger; seconded by Councilman Cardman RESOLVED, that the Town Board of the Town of Ithaca hereby adjourn the public hearing to consider amending the Zoning Ordinance and Local Law No. 3 of 1984, regarding the expansion of permitted uses on the La Tourelle premises, 1150 Danby Road, Town of Ithaca Tax Parcel No. 6-36-1-4.2 until 8:00 P.M., on October 17, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). PUBLIC HEARING TO CC^SIDER AMENDING THE TOWN OF ITHACA TRAFFIC ORDINAtO: TO PROVIDE FOR SIGNAGE DATES DRIVE Proof of posting and publication of a notice of a p\:iblic hearing to consider amending the Tbwn of Ithaca Traffic Ordinance to provide for signage on Dates Drive having been presented by the Town Clerk, the Sipiervisor opened the pT±)lic hearing. Supervisor Desch stated that he would like to propose that this item be adjourned because we have item 19 v^ch has to do with the amendment of the Traffic Ordinance to provide a stop sign on Snyder Hill Road at Pine Tree Road to be added to the changes. RESOLUTION NO. 256 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 8:15 P.M., on October 17, 1988 to consider amending the Tcwn of Ithaca Traffic Ordinance to provide for signage on Dates Drive and for the placement of a stop sign on Snyder Hill Road at Pine Tree Road. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Town Board Minutes 19 September 12, 1988 PUBLIC HEARING TO CmSIDER M ORDINANCE GOVERNING NOISE IN THE TOWN OF ITHACA Proof of posting and publication of a notice of a piablic hearing to consider an ordinance governing noise in the Town of Ithaca having been presented by the Town Clerk, the Supervisor opened the public hearing. Michael Winchell, 185 Kendall Avenue stated that he got interested in the noise ordinance because he just moved to a part of the Town vdiich is probably the most noise sensitive area, which is Kendall Avenue. Mr. Winchell went on to say that maybe now it was half student housing and half family housing and it is also a very delicate area. An exanple of how delicate it is, a man v^o is caie of the big landlords in the Town just moved out and he rented his house to students and there are family houses around it. Jty wife was talking to him and he said well this v^ole area is going to go student, it's going to be like Collegetown and there is nothing anybody can do about it. wife said well there are still families around you and he just looked at her and smiled and said well how long are they going to stay. So, there are areas in the Town that are more sensitive than others. He went on to say that his concern was that the area stay a mixed area, that it not be scmething v^ere the zoning is such that you are forced to have just one kind of zoning and obviously the noise ordinance is very important in connection with that. He stated that he felt a noise ordinance in principal is an excellent idea and he assumed the purpose of the noise ordinance is to create a situation vdiere people can live together. He went on to say that his question was, v^ether the noise ordinance will actually acccraplish this or ^^ther it will take a situation now vMch is a manageable situation and sirrply make it an unmanageable one. The situation now v^ch exists in the Town of Ithaca as far as he could tell because he has talked to the Sheriff's Department and they claim that at any time of the day or night a neighbor is making noises v^ich you find offensive you can call the Sheriff's Department, they will eventually send soneone up there and ask them to calm down. That's an informal arrangement, it feels like a manageable oae, living on the street right now v^en the students play music we go over and talk to them and ask them if they can shut their windows and everything seems to be working out. Because the noise ordinance has to do scmething vMch is iitpossible he did not feel the noise ordinance would work. The noise ordinance can't discriminate between different kinds of noise, it just flat out has to say 55 decibels is okay at night time, 60 decibels is okay in the day time. We know there are all different kinds of noises, seme are more offensive than the 60 decibels of one kind of noise might be absolutely unbearable \^ereas 60 decibels of another kind of noise might be manageable. He stated that he did not think there was anything to be gained by the noise ordinance as it was written. Robert Levitsky, 176 Kendall Avenue stated that he lived right next door to five Ithaca College students, the lacovelli's moved out, that is the fellow he was talking aibout. It's unbearable, it's unbelievable. He stated that he has gone over there and he has seen Michael Winchell over there, he has talked to them, however, he has not called the police yet but that will be his next step. If one of you ladies or gentlemen will just drive down Kendall and see vdiat it is like. See the traffic, see the cars going up and down, they race. The noise, fire crackers, for this Board to consider this legislation, to him it is an outrage. Councilman McPeak remarked, you say there are five people living in the house. Town Board Minutes 20 Septoxiber 12, 1988 Mr. Levitsky replied, right. It was passed by the Zoning Board. He stated that he fought it for a year and then the Board voted on it last year, unanimous. He stated that his bedroan is 25' away from their stereo room. Building Inspector Andrew Frost remarked that he thought there might be something in the ZBA approval for that that may have seme restrictions in terms of the landlord managing the students so that they are no disturbances. He stated that he would review it. Councilman McPeak replied that that was the reason he asked the question because of our definition of related and unrelated people. Mr. Frost remarked that under the special approval that is permitted in an R-9 zone for higher occupancy there may have been seme conditions put in there in terms of the landlords managing the occupants and he would look into that. He noted that this was the first he had heard of this and asked Mr. Levitsky if he had called? Mr. Levitsky replied no. He stated that he had been over there seven or eight times to talk to the kids but that now he was just going to start calling the Sheriff and signing complaints. Councilwcman Raffensperger asked, v^y do you think the noise ordinance is outrageous because it was drafted in response to complaints like yours and was an attempt to solve the problem. Mr. Levitsky replied that he was under the impression that it was to increase the noise level. Town Attorney Barney replied, there are two standards here. One is excessive noise v^ich is not defined by reference to any decibels limit, it's excessive under the circumstances. The other is saying outright 55 decibels or 60 decibels is prohibited at the boxmdairy line of the property. So if you have a situation \^ere you have fewer decibels but under the circumstances that constitutes excessive noise and that very well may be \tot this gentleman has on Kendall Avenue, that's a section you could use under the proposed ordinance. He stated that he was a little troubled vdien he hears people say the limit is going to increase the noise, that really was not the intent of this ordinance. Mr. Winchell asked, how are you going to define the excessive noise? Town Attorney Barney replied, it's defined the same way as it's defined in the City of Ithaca's ordinance and the same way your are defining it now, it's excessive under the circumstances. What a normal ordinary human being would define or accept as being excessive, that's vdiat it is. Supervisor Desch remarked, he has a good point, if you have a quiet residential area and you set the level at 55 db you are encouraging people to understand that they can produce noise between the levels and still be within the law and that is vdiat he is concerned about. Councilman Cardman remarked that the Town Attorney was making the point that you have another section of the law to apply there. So you could still call the Sheriff and he could bring out his little db meter and he say they are only at 54 db but the ccnplaint could be made that it was excessive. Town Attorney Barney remarked, 30 db at 1:00 A.M., in the morning could be excessive. Ttown Board Minutes 21 Septernber 12, 1988 Supervisor Desch asked if there was any knowledge as to how the City feels its ordinance is enforceable? Building Inspector Andrew Frost replied that he spoke to Tcm Hoard last week, he basically said that the police department had a db meter but there is no one certified to actually use the meter. Basically the City police go out if there is a ccnplaint, tell the people to keep it down and that is the end of that. In terms of a strict enforcement procedure, he felt that there was none and he did see that as a potential issue as to v^o the Town Board e3q)ects to enforce the oixiinance and at viiat hours of the day. He asked if the Board was expecting the Sheriff's Department to enforce it or was the Board e3q)ecting him to enforce it? Supervisor Desch replied that he thought the Board needed to do a little bit more homework. The Board agreed. Councilwcman Raffensperger remarked that the Board had the original complaint vhich was a very substantial one and over a long period of time and really effecting a quite large area in the Tbwn. She stated that she was a little concerned with the Board backing off and she did not understand vdiy having the two standards in here, and she felt this was fairly carefully done. The decibels level and then also the standards for determination of excessive noise \diioh includes things like the nature and the zoning district of the area from v^ich the noise originates. Supeirvisor Desch remarked that there are some people at Cornell who are willing to look at the ordinance to determine its practicality and that this might be a worthvdiile thing to have done. RESOLUTK^ ND. 257 Motion by Councilman Bartholf; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby table, indefinitely, further consideration of the proposed Noise Ordinance. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). PUBLIC HEARING TO CONSIDER A LOCAL LAW GOVERNING TAXI CABS IN THE TOWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider a local law governing taxi cabs in the Town of Ithaca having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch asked the Town Attorney to bring the Board up to date with his latest information. Town Attorney John Barney replied that he felt it was pretty well laid out in the letter of September 8 to the Board. He went on to say that Councilwcman Leary, Councilman Bartholf and he had met on a couple occasions and on the second occasion with Mr. Clapp vho is the operator of Tower Taxi. Mr. Stejdien Flash an attorney representing Mr. Clapp stated that he had reviewed the law today, however, he has not seen the letter that Mr. Barney is referring to. Mr. Flash stated that he was here to express three concerns in reviewing the law. First of all, there is a possible conflict in the proposed law for the Town of Ithaca conflicting with the already existing law for the City of Town Board Minutes 22 September 12, 1988 Ithaca. The City of Ithaca regulates the fares originating and outside of terminating in Ithaca and originating in Ithaca and terminating outside of Ithaca. It regulates it by establishing a regulation, that's a free form regulation but he submits to the Board that it is a regulation anyways, that the cab driver and the passenger agree upon the fare for vdiatever the distance or location is. By the proposed legislation, in a couple of sections you are legislating the fare going into and out of the City of Ithaca. He felt this was a conflict v^ch really is not permissible, there are seme decisions, opinions from the State Comptroller, v^ich say that the regulations would be permissible as long as they are (a) within the public interest, (b) reasonable, and (c) don't conflict with any existing situations, existing regulations. He felt we have this here. He stated that his second concern was basically one of economics. He remarked that he gathered there have been some conferences with Mr. Clapp and some of you here to arrive at some numbers but there hasn't been any sound economic analyses because he knew that Mr. Clapp hasn't gotten together with his accountant and figured out a cost per mile and, therefore, he did not think it was sound public policy to base an econanic decision such as this, rates, without there being really any economic analyses. When you base somtething that is similar in zones to Ithaca but you are dealing with the Town, the zones are much larger, it's really comparing apples and oranges and he did not feel this was a sound basis to do it. Thirdly, his most irrportant concern is just public interest or fairness, viien you are dealing with public policy and you are setting zone rates that cover very large distances you are going to have people from varying distances away from the City/Town line paying essentially the same rates and that is not going to be fair. If you live within 50' of the Town/City line you are going to get paid the same as if you live way out on the line of the Town of Ithaca and Dryden because \tot you have in this situation with the fixed rates or the maximum rates because they may not be economically sound its not something that a cab company can live with and profit by, then they are going to be forced to charge the same thing to everybody. That's not going to be fair to people living different distances from the City/TOwn line. Mr. Flash went on to say that the regulations as proposed are pretty complicated and the taxi drivers are going to have to live with this and it's hard enough for than to have to deal with different zones in Ithaca so viiy impose on them another regulation. We're here now and there is less and less regulation and historically it has been to deregulate things and now we are just imposing regulations. Mr. Flash remarked, as his mechanic said to him the other day, if it ain't broke don't fix it. He stated that he did not see a hugh human cry here, and that he knew Mr. Clapp had received simply no coiplaints that he has been charging high rates. The reason to regulate taxi's is to prevent exorbitant charges and that is fine but there is syston already in effect and it has been working and he did not see any point in adding more regulations vMch would just we have one remaining taxi company, we are threatening the viability of that. It's not in the interest of anjtoiy to impose regulations vMch threaten the viability of the one remaining taxi company. He stated that he wished to submdt to the Board that there really wasn't any reason for it and it's overly burdensome and it isn't particularly fair and it's not based on good economiic analyses. We are willing to work with you and have an accountant go over it and figure out a cost per mile and see if we can't figure out a set mileage rate v^ch WDuld take into account the varying distances from the City and Town line. But other than that he did not think it was a system that was going to work very well. Councilwcman Leary replied that she addressed somte of those concerns in the report that she gave the Board tonight. We are Town Board Minutes 23 SeptQn±)er 12, 1988 basing it on the City's model of zones and the zones each establish a flat rate within the zones. As far as taking into account econcmic considerations, we did meet with Mr. Clapp, in fact vte spoke to him for a full morning, and he told us \tot he currently charges. The rates that we have established here aren't very different frcm the rates he is currently charging. We raised the proposed rates pretty substantially from the original that we came to the Board with last month to make it more conforming t6 vdiat he is currently charging. If he needs an accountant to go over vtot his actual rates are, then he needs an accountant, but we are going by vtot he told us he was actually charging. Si:pervisor Desch asked Councilwoman Leary vtet was her pleasure as to the timing of the actual adoption of this? Councilwoman Leairy replied, we can't adopt it this month but she wanted to get it to the Board so they could look at the report a little more thoroughly so if the Board had any questions, ask and we can look into them more. We have met with Mr. Clajp and she had done seme other checking around as well as ccnparisons with other cities as well as the City of Ithaca and she felt the ccmmittee had come to a fair rate structure. The question was raised as to vdio would receive ccnplaints. Councilwoman Leary replied that vdien Councilman Bordoni was on the committee, we talked about that before we even got into the other stuff and Councilman Bordoni had in mind that the Town Clerk would take the conplaints, we would have a form and the coaiplainant would produce a receipt. It's kind of an administrative thing. Supervisor Desch replied that this is v^t he thought would be. He then asked if he had missed that in the law. Town Attorney Barney replied, no it's not in the law. We never did discuss this at the committee level. Supervisor Desch asked how was a person with a grievance supposed to know what to do? Councilwoman Leary replied, there is a section in there that calls for a blurb to be posted in the cab saying that the full terms of the ordinance shall be available to riders on request. She stated that v^at she was going to suggest was that the way the City does it the chart is posted, the grid, that at a glance give riders at least v^at the zone rates are. Mr. Flash remarked that he had read the ordinance today, however, he did not have a copy of the entire ordinance with him, but it essentially tracks it and he believed in the City Ordinance the rules of the City and the zones are to be posted, much like the are here. Which raises the him a question, now we are talking about enforcement but v^y are we talking about enforcement at this point what is the problem with the City statue as it exists now \^ien enforcCTient is already there. Have there been complaints? What is the problem? Councilwoman Leary replied, as a matter of fact there have been complaints, not to us and not to Mr. Clapp but in a course of her research on this she had interviewed the Director of Gadabout v^o is in a position to hear coiments from people v^o need transportation services and she told me that in fact she does hear a lot of ccaiplaints from her clients v^o are senior citizens about how expensive it is to take a cab in Ithaca. She went on to say that as she noted in the report. Gadabout has limited hours and there aie times v^en senior citizens and everyone else, if they Town Board Minutes 24 Septoriber 12, 1988 want any transportation at all the only thing they can do is call a cab. There is an exanple of scane kind of feedback fran the public. That's an organized avenue to receive ccsiplaints. She stated that she suspected that most people just suffer in silence and pay vhatever they are asked to pay. Councilman McPeak remarked, but there is a definite operating cost per mile for the cab ccaipany. Councilwcroan Leary replied, we have taken that into account. Mr. Flash replied, first of all Gadabout is state subsidized. When you are talking about mileage and ccarparing it based upon City zones that's got no bearing on Town zones. The Town is so much larger, the distances are much, much larger. For exaitple, 50 cents for a passenger, vhich tracks the City oi^dinance, now in the Town of Ithaca that passenger is getting lots more miles for his money than in the City just because of the distance. Councilwoman Leary replied, yes but that is tacked on top of the rate that the first passenger is getting, v^ch is much higher than the City. That 50 cents additional only applies to passengers traveling with the first passenger. If they are getting off at another destination it doesn't apply, they are charged a vdiole separate fair. So it's not adding to the cabs mileage in the least, it's gravy for them, that extra 50 cents. Mr. Flash replied, not really. It's the same as in the City. When you are operating a business and you are forced to take two fares for essentially the price of one over a longer distance it's more expensive. The opportunity cost is greater. Your finding of corplaints by interviewing specific people is hardly a reason to add on addition legislation to further control. The basis for any statue regulating taxi cabs, #ien you are regulating a ccnpany, a business, an economic enterprise, is in this situation the public interest. Councilwoman Leary replied that she felt it was in the public interest because there are times vdien that is the only transportation service available to people. Mr. Flash remarked, and you have lost three cabs companies in the last couple of years. Councilwoman Leary replied, three cab companies in the past couple of years, one of them was Terminal v^ich had been operating for 47 years and another one went under because they said they couldn't handle the success, she stated that she had interviewed them and they said the demand was so incredible that they just weren't just prepared for it and that is why they stopped. We have never had more than one main cab conpany and then sometimes a second cab company would be in there for a little vdiile and then drop off. It was not because there was any regulation in the Town. Mr. Flash replied, but the fact that there is only one is no reason to regulate. Councilman Cardman asked if there was any econcxnic impact study done on the cab company for the City's rates? We don't have any cost at all, we don't know \^t it cost the cab company to run their vehicles. Mr. Flash replied, we haven't factored in depreciation, insurance, all that stuff. Town Board Minutes 25 September 12, 1988 Comcilman Cardman replied, then the cost could be lower than v^t we are proposing. Mr. Flash replied, you are right. The public interest isn't necessarily benefited by charging a flat rate. Councilman Cardman replied that he would consider that of doing business your having to have seme profit in there. Councilwoman Leary stated that she would like to answer the ccmment about the flat rate not serving the public good. What the coranittee did was take an average of the rates currently being charged, according to Mr. Clapp, and make that flat. Make a flat rate in the zones. Wie did that because it would be less confusing for the public rather than the per mile. Councilwcman Raffensperger remarked, are you suggesting that we adjourn this public hearing until next month and if Mr. Clajp or his associates wish to provide us with additional information that they could do so and we would consider it at that time? Councilwcman Leary replied, sure. We can't vote anyway tonight. RESOLUTION NO. 258 Motion by Councilwcman Raffensperger; seconded by Supervisor Desch, RESOLVED, that the Town Board of the Town of Ithaca hereby adjourn the public hearing to consider a local law governing taxi cabs in the Town of Ithaca until 8:30 P.M., on October 17, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). PUBLIC HEARING TO CmSIDER A REVISION TO THE FREEDOM OF INFORMATION RESOLUTION ADOPTED MARCH 10, 1975 Proof of posting and publication of a notice of a public hearing to consider a revision to the Freedcm of Information Resolution adopted March 10, 1975, having been presented by the Town Clerk, the Supervisor opened the pi^Dlic hearing. Councilwcman Raffensperger stated that the committee discovered after meeting and discussing the necessity to lower the fees for copying e^^Denses for people coming into the Town of Ithaca to receive materials under the Freedom of Information Law. There being no one wishing to speak for or against the matter, the Supervisor closed the public hearing. RESOLUTION NO. 259 Motion by Councilman McPeak; seconded by Councilman Cardman, BE IT RESOLVED, that the rules and regulations adopted by the Town Board of the Town of Ithaca on March 10, 1975 relating to the public inspection and copying of such Town of Ithaca records as are subject to public inspection by law are herdDy amended to read as set forth below and the same shall continue in effect imtil altered, changed, amended or superseded by further resolution of the Town Board or otherwise as may be required by law: A. Designation of Records Access Office. Pursuant to Part 1401 of Chapter XXV of the Codes, Rules and Regulations of the State of New York the Town Clerk and Deputy TOwn Clerks at 126 East Seneca Town Board Minutes 26 September 12, 1988 Street, Ithaca, New York, 14850, are designated as the records access officers for the Town of Ithaca. Hereinafter the Town Clerk and Deputy Town Clerks are collectively referred to as the "Clerk". B. Place of Inspection. The records subject to piablic inspection by law shall be made available for inspection at the Town of Ithaca offices at 126 East Seneca Street, Ithaca, New York, 14850, or at such other location as the official Town of Ithaca office then occupies. C. Time of Inspection. Such records shall be made available for public inspection on regular business days during regular business hours, if readily available. If not readily available, written request specifically describing records to vAiich access is desired shall be filed with the Clerk who shall, within five business days of the receipt of sucdi request, make such record available to the person requesting it, deny sudi request in writing, or furnish a written acknowledgement of the receipt of such request and a statement of the approximate date v^en such request will be granted or denied which must be within then business days of the date of such acknowledgement. D. Designation of Appeals Officer. The Si:5)ervisor of the Town of Ithaca is hereto designated the person to hear appeals regarding denial of access to records under the Freedom of Information Law. E. Denial of Access. Denial of access by the Clerk shall be in writing stating the reason therefor and advising the person denied access of his or her right to appeal to the Town Supervisor vdio shall be identified by name, title, business address and business telephone number. Failure to respond to a request for access within five business days of receipt of a request shall be deemed a denial of access. Failure to either deny or grant access within ten business days after the date of issuance of an acknowledgenent of receipt of a request shall also be construed as a denial of access. F. Appeals. Any person denied access to records may appeal such denial in writing to the Town Supervisor. Such appeal shall be made within 30 days of a denial. The ajpeal shall identify 1. The date and location of requests for records. 2. The records that were denied. 3. The name and return address of the appellant. The Clerk shall transmit to the Town Supervisor and to the Ccramittee on Open Government copies of all appeals upon receipt of an appeal. The Town Supervisor shall inform the appellant and the Ccommittee on Open Government of the Supervisor's determination in writing within ten business days of receipt of an appeal. A final denial of access to a requested record shall be subject to court review as provided for in Article 78 of the Civil Practice Laws and Rules of the State of New York. G. Fees. (1) Copies generally. The Clerk shall i:^n request make a copy or copies of any record subject to such inspection and v^ch can be copied on the Tcwn of Ithaca copying equipment (maximum size 8-1/2 inches by 14 inches) upon a payment of $.10 per page for the first ten pages of any document and $.05 per page for any additional pages of the same document, copying of which is Town Board Minutes 27 September 12, 1988 requested at the same time. Any docaiments, tapes, maps, papers, etc., \/^iich cannot be copied in the Town offices will be supplied to the requestor after payment of actual cost of copying. If a copy or copies are desired thereof by the requestor, the Clerk shall have the requested copies available at the Town offices within five business days. (2) Copies of certain documents. Notwithstanding the foregoing the Clerk shall provide copies of the following documents upon payment of the fees set forth opposite the same: ( i) Zoning Ordinance/Map $2.50 ( ii) Subdivision Regulations 1.00 (iii) Environmental Review Regulations 1.00 ( iv) Sign Ordinance 1.00 (3) Postage. If the requestor requests that copies of documents be mailed to the requestor, there shall be added to the costs of copying the postage costs reasonably estimated to be incurred in mailing the requested documents to the requestor. The provision in this resolution of reimbursement of postage costs shall in no way obligate the Town to mail any documents. Such mailing shall be in the sole discretion of the Clerk. (4) Certification. The Clerk shall, upon request, certify a copy of a document or record prepared pursuant to the provisions of the preceding subsections is a time copy. (5) Receipts. The Clerk or any other person at the Town receiving funds pursuant to any of the foregoing subsections shall give to the payor a receipt for the amount paid and mintain duplicate copies of such receipts for the Town records. H. Deletion of Details to Avoid Invasion of Privacy. To prevent an unwarranted invasion of personal privacy, until such time as the Cotmittee on Open Government or other agency prcamlgates guidelines for the deletion of identifying details for specified records vtoch are to be made available, the Town reserves the right to delete any identifying or other details vdiich would constitute and unwarranted invasion of personal privacy. An unwarranted invasion of personal privacy includes, but shall not be limited to: (1) Disclosure of such personal matters as may have been reported in confidence to an agency or municipality and v^ch are not relevant or essential to the ordinary work of the agency or municipality. (2) Disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed v^en the applicant has provided a written release permitting such disclosure. (3) Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical faciliiy. (4) The sale or release of lists of names and addresses in the possession of the Town if such lists would be used for ccmmercial or fund-raising purposes. (5) Disclosure of items of a personal nature ^en disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the department. Town Board Minutes 28 September 12, 1988 (6) Such other items as may from time to time be adjudged by statute, coiart decision, or by any Federal, State, or local agency having jxirisdiction in the matter, as an xmwarranted invasion of privacy. J. Subject Matter List. The Town shall maintain and make available for public inspection and copying, in conformity with such lawful regulations as may be issued by the Ccnimittee on Open Government, a current list, reasonably detailed, by subject matter, of any records which shall be produced, filed, or first kept or prcraulgated after the effective date of this article. Such list may also provide identifying information as to any records in the possession of the department on or before the effective date of this article. K. Votes on Proceedings. In addition to such requirements as may be imposed by this resolution or by Chapter 933 of the Laws of 1977, as amended, each board, commission or other group of the Town having more than one meoiiber shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding in vdiich he votes. L. Public Notice. The Clerk shall publicize by posting in a conspicuous location in the Town offices: ( i) The location \ihsre records shall be made available for inspection and copying. ( ii) The name, title, business address and business telephone number of the designated recoirds access officer. (iii) The right to appeal by any person denied access to a record and the name and business address of the Town Supervisor to v^cm an appeal is to be directed. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). REVISIONS TO FIRE CONTRACT RESOLUTION NO. 260 Motion Councilman McPeak; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca her^y approve the following amendment to the City of Ithaca/Town of Ithaca Fire Protection Contract: 1. The addition of one Assistant Chief's position, with a new total of 5. 2. The addition of one Municipal Training Officer. 3. The addition of one Administrative Secretary's position. 4. The total number of positions for the Fire Department to be increased to 60. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Tcfwn Board Minutes 29 September 12, 1988 TOm OFFICIALS REPORT TQwn Highway Superintendent's Report Highway Superintendent John Ozolins noted that the Board had his written report but he wished to report that the private well at 110 Seven Mile Drive has gasoline in it. DEC suspects that it may be caning from our fuel tanks, however, to this point we have not noticed any great loss of fuel. All of the checks that we have ^ done are within tolerance. The tanks were checked a year ago, they were with tolerance. Right now there is a test being conducted to see if they can identic the product type. Fran the test that he has right now he stated that it was gasoline but they can't state for siare if it is leaded or unleaded and also to narrow it down as far as the manufacturer. Once that is narrowed down we will start digging. If its unleaded there is no way it can be ovoc fuel, sanebody has dumped it there. Supervisor Desch added, we have a meeting tcsnorrow with DEC to lay this all out and estalDlish a program for drilling and sampling. This is all we can tell you at this point as it has just happened. Coimcilman Cardman remarked, you said our tanks were tested a year ago, v^t do you mean? Hi^way Sxperintendent Ozolins replied, there is a requirement that every 10 years the tanks be certified. A consultant was hired to conduct the testing. The Hi^way Superintendent went on to say that the Parks Department and the Highway Department had put in the basketball court over by the Hungerford Heigh-ts Parks. We s-tarted tree trinming today on Seven Mile Drive. Town Planner's Report Town Planner Susan Beeners noted that the Board also had her written report. We have been meeting with the County and City's Planning staffs and that is v^ere most of her time has been spent. Building Inspector/Zoning Officer's Report Building Inspector/Zoning Officer Andrew Frost also noted that the Board had received a copy of his report. He noted that the number of permits issued in 1988 was slightly under those issued in 1987. Cluster was up slightly. A lot of Certificates of Carpliance have been issued. We had a fairly busy month in terms of new carplaints, however, we got rid of two long standing catplaints, one at 801 Five Mile Drive and 713 Elmira Road. Both are now in caipliance but it took several arrests and several fines. REPORT OF COUNTY REPRESENTATIVES County Representative Beverly Livesay replied that eveorything is going along well for the start-up of the recycling program on the fmrn 17th of October. The truck and container bids have been let and plans for public meetings and publicity are underway. The portion of the Town of Ithaca that has been chosen for the pilot project is froti the Danby Road (Route 96B) over to Route 366 (Ellis Hollow Road) so there will be sate pulDlic meeting concerning this. She went on to say that in regard to Iton 5 on the agenda, the report fran the Public Works Ccmmittee last Friday is that the space Town Board Minutes 30 September 12, 1988 available at the Landstrom Landfill will not permit for clean up days by the Towns. AUTHORIZE ASSISTANT BUILDING INSPECTOR/ZOHNG OFFICER TO ATim) TST BOCES ADULT EDUCATION CLASSES RESOLUTION NO. 261 Motion by Councilman Cardman; seconded by Councilwonan Leary, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize Assistant Building Inspector/Zoning Officer Laura Predmore to attend three classes at TST BOCES Adult Education Classes at a cost of $100.00. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). EXTENSION OF TIME FOR DATA ENTRY CLERK FOR JUSTICES RESOLUTION NO. 262 Motion by Supervisor Desch; seconded by Councilwoman Raffensperger, WHEREAS, Judged Wallenbeck has a continuing need for a data entry clerk to update and maintain his ccnputer files, and WHEREAS, he has requested that the time limit for the current position be extended, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize Catherine Wieliczko Wall to continue as temporary Date Entry Clerk. Hours per week to remain at five, paid on a contractual basis at a reate of $5.00/hour and reviewed on Decoiiber 31, 1988. (Desch, McPeak, Raffensperger, Ba2rtholf, Leary and Cardman voting Aye. Nays - none). COMPREHENSIVE PLANNING CONSULTANT Supervisor Desch remarked that this was actually two items here, one is to approve the request and the other is to appoint the caranittee. Councilwonan Raffensperger ronarked the only problem is the numbers on page 9. Supervisor Desch replied, we can approve it with the exception of the nimbers. RESOLUTION NO. 263 Motion by Councilwonan Raffensperger; seconded by Coimcilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereh^ approve the Request for Proposal for the Comprehensive Planning Consultant. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Town Board Minutes 31 Septeniber 12, 1988 and John Whitccnib, Co-chairpersons for GINA presented the following letter dated September 12, 1988 to the Board: "At the August 29th Board meeting, the Town Board requested that the Greater Ithaca Neighborhoods Association piovide the names of citizen representatives for appointment to the Cotprehensive Planning Subcommittee. There was seme discussion about the makeup of this carmittee, with suggestions that there be two members from the Town Board, two members from the Planning Board, one from the Zoning Board of Appeals, with one citizen representative from each "hill" and one at large representative from GINA. Each neighborhood association was asked to nominate a representative. One South Hill, there are three nei^iborhood associations. The three associations met and selected one person to represent the entire South Hill. During the course of these discussion, we also agreed that, as a part of a democratic process, and to assure public confidence in the process, citizen representations should be equal to that of elected and appointed officials. Therefore, we submit the following five names as individuals chosen to represent the community: 1. Bruce Brittain, Forest Hcane Association, representing East Hill. 2. Ronald Siiipson, Jmiper Drive Association, representing South Hill. 3. Eugene Ball, West Hill Citizens Coalition, representing West Hill. 4. Dooley Kiefer, representing GINA. 5. Dr. Dale Corson, as a well respected representative of the ccmraunity-at-large. We feel very strongly that this is an excellent slate of people and is not only representative of the various geographic areas of our town, but also is representative of varying interests, philosophies and talents. They look forward to serving the Town of Ithaca. We request that each of than be appointed." Christopher McVoy then read the following letter: "The West Hill Neighborhood Association wishes to thank the Town Board, the Planning Board, and the Town of Ithaca Planning Staff for the opportunity to participate in the public review of the "Request for Proposal." We have elected a delegate, Mr. Eugene Ball of 1317 Trumansburg Road as our representative on the Oanprehensive Planning Subcommittee. In addition we have several specific ccanments concerning the draft Request for Proposal: (1) The proposed schedule seemed hasty-preparation of the consultant's report is 30 days, start to finish. This permits only minimal opportunity for public education and participation in the development of the Ccanrprehensive Plan. (2) The proposed schedule has an initial meeting of the citizens delegates with the consultant, and a final meeting to review the consultant's report. We would like more participation of both the delegates and the public during the preparation of the report, rather than only an opportunity to react after the report is largely completed. Further, we ask that part of the consultant's duties be to educate the public, so that we can be Town Board Minutes 32 September 12, 1988 well-informed participants in the growth of our ccannmunity. Time must be allowed for this process of education. (3) We were unclear about the nature of the final product, the "Conprehensive Plan." Will it be primarily a ccnpilation of laws, maps, and ordinances, or will it be a written document addressed to the public, presenting a consensus of the ccararamity's goals for growth, and a description of the methods envisioned for satisfactorily directing such growth? We hope to see scmething of the latter form. We also hope that use be made of the 1959 Plan, v^ch ej^licitly discussed neighborhood involvement in the planning p2x>cess. (4) We were unclear vhether the Oatprehensive Plan would be specific or general, but would like to ask that any details affecting a particular region of the Town be especially brought to the attention of the residents of that region. We would hope that any proposed new roads, zoning changes, etc., to be included in the Coiprehensive Plan would be discussed with residents of the area before being included in the consultant's final report. In the same spirit, we ask that the delegates on the Subccirinittee be given sufficient time to inform their associations before being asked to approve details specifically affecting their region." Councilwanan Raffensperger asked to conment on Mr. McVoy's statement. She went on to say that as she read through Mr. McVoy's statement and listened to him she stated that it seemed to her that v^at Mr. McVoy was really envisioning is a much more ccnplex and a much longer process than the Request for Proposal outlines. It's really only the beginning of a process and is a way of sort of evaluating, a beginning step. In other words, vtot we are asking is that a consultant look at v^at we have, ccrament specifically on some parts of it, but primarily give us a road map a kind of v^ere do we go from here and how do we improve the process. Mr. McVoy replied that essentially that was about his third ccrament on this addresses exactly that and that we were a little unclear as to vtot level of detail but we also noted several points in the proposal where it says the consultant will organize public participation with no further details. Doria Higgins, 2 Hillcrest Drive read the following statement dated Septonnber 12, 1988: "We in the West Hill Neighborhood Association and the Greater Ithaca Neighborhood Association have said a lot of different things to you — things with vMch we have all agreed. However, with so much to listen to, significant points can be overlooked. And there is one message of over-riding inportance v^ch we have made and vhich we think inperative that you not lose sight of. It is this. Our request to you for a ccnprehensive plan, represents really a request to you to adhere to and respect the zoning ordinance now in effect. It is a request to you to stop capriciously granting zoning charges and zoning variances and creating Special Land Use Districts to oblige individuals and developers without regard to the welfare or agreement of the ccramunity. We are not asking you to disrupt our neighborhoods with new zoning. We are not asking you to turn existing neighborhoods topsy turvy with suddenly introduced trailer parks and shopping malls. Our request for a ccaftprehensive plan is a request to you to protect and enhance our present neighborhoods and ccrammity and allow for orderly and acceptable growth." Tcfwn Board Minutes 33 September 12, 1988 Rosalind Grippi, 423 East Seneca Street renarked that she thought that the definition of a comprehensive plan on page 5 speaks primarily to growth and development and not enough to the protection and enhancement of the neighborhood. She felt that if this was going out to potential Town planners who will be consultants to the Town of Ithaca the perspective applicant should be aware that not only are we concerned with future growth and development but also the protection and enhancement of the neighborhood. For exanple, the State Law says lessen conjestion in the streets, prevent overcrowding of lands, avoid undue concentration of population and the Zoning Ordinance speaks of the control of the density of the population. The Subdivision Ordinance and the Zoning Ordinance speaks to the concern that the neighborhoods will not be adversely effected 1:^ the growth. She wondered if there couldn't be seme inclusion of that spirit in that definition of a ccmprehensive plan. For exanple, the Town of Ithaca ccmprehensive plan is defined as a set of references utilized by the Town government to promote orderly development and growth of the Town vdiile and protecting and enhancing the character of existing neighborhoods. That could continue by saying to avoid overcrowding of lands, to avoid undue concentration of population and to assure adequate facilities for housing, transportation, utilities, etc. She thought that is would be more in the spirit of vdiat the neighborhoods and citizens are seeking in a comprehensive plan, not only plans that outline and project future growth and development but also that they consider the enhancement and protection of the neighborhoods that exist. Councilwanan Raffensperger replied that she felt all of the comments have much merit but her major concern was that if we don't get going with this we are never going to get it done. And she honestly could see the Board improving it until there is not use doing it anymore. We are going to have a process with the consultant planner and the interviews with then, with the committee, that will make clear she thought the balance kind of consideration that we wish to have from this process. It all has value and we can discuss it with the consultant planners vdien they come in with their proposals but she really felt the Board needed to stop perfecting it and go for it. councilman Cardman remarked, that he agreed with the spirit of what the people were saying but that he agreed with Councilwoman Raffensperger that the Board had to stop rewriting now and get on with the process. COMMITTEE SELECTION Supervisor Descii noted that from the Town Board we have the names of Shirley Raffensperger and Tom Cardman and from the Zoning Board of i^peals Ed Austen and from the Planning Board Robert Kenerson and Virginia Langhans and the five names that were presented to us tonight. We also have a letter Alfred DiGiacomo stating his interest in serving on the committee. Councilwoman Raffensperger remarked that she thought there was going to be three from the Town Board, she asked the Town Supeivisor if he hadn't planned on serving? Supervisor Desch replied that he was but he would be tied up training the new Assistant Budget Officer. Supervisor Desch renarked that he had a little bit of a problem, but v^en he went down through the list of names and he always hesitate to do this because we are all very sensitive to the constituents that we have but v^en he goes down through it he finds Town Board Minutes 34 September 12, 1988 that Shirley Raffensperger is from East Hill, Tom Cardman is from East Hill, Ed Austen from West Hill, Bob Kenerson from West Hill, Virginia Langhans from East Hill, Bruce Brittain from East Hill, Ron Simpson from South Hill, Eugene Ball from West Hill, Dooley Kiefer from East Hill and Dale Corson from South Hill. He stated that he guessed that he would prefer in place of the name given to us by GINA a person from South Hill or West Hill. If it is South Hill he stated that he would offer the name of John Whitcomb, if it was West Hill he wasn't sure. He stated that this would be his only change to the list as proposed. We don't need to chose the conmittee tonight as obviously it will be a v^le they will be needed. He stated that this was a concern he had. Mr. Whitcomb asked if the suggestion was for a sixth person. The Board replied no. Supervisor Desch added, substitute a representative from South or West Hill for Dooley Kiefer, however, he felt it was i:p to the Board. Councilman McPeak replied that he felt there should be better balance. Councilman Bartholf agreed. Councilwoman Raffensperger ronarked that the reason there were so many East Hillers was because we have been mad for so long. Councilwoman Leary stated that she would rather substitute John Whitcomb for Dale Corson because he has been a lot more involved in the v^ole process and that Dale Corson was sort of from left field. Mr. Whitcomb felt that Dale Corson would bring to this committee a great deal of experience as he has been a resident in Ithaca since 1946 has been a homeowner and lived on South Hill since the early 1950's, he organized the Northview Road Association and has had a long time interest in Town business even though he has had tremendous lists of other responsibilities. He thinks clearly he does his homework and he felt he would be a great addition to this committee. Supervisor Desch remarked that he was iitpressed that you were able to talk him into it. Councilwoman Leary renarked that she noticed that there was no one on the list that lives in an apartment. RESOLUTIOSr NO. 264 Motion by Councilman McPeak; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby appoint the following names of Shirley Raffensperger, Ton Cardman, Ed Austen, Bob Kenerson, Virginia Langhans, Bruce Brittain, Ronald Sinpson, Eugene Ball, Dooley Kiefer and Dale Corson to serve on the Ccaftprehensive Planning Conmittee. (McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - Desch). LOCATION OF PROPOSED ROADS AND OPEN SPACE FOR THE PROPOSED POYER SUBDIVISION ON DUBOIS ROAD Town Planner Susan Beeners stated that the Board was being asked to approve the location of the road and the open space which happens to be a proposed trail. She stated that she had recommended to the Town Board Minutes 35 September 12, 1988 Planning Board that a provision be made that the proposed Poyer road be an extension for a possible future road connection from the Westwoods Hills subdivision v^ere there was a 60' right of way for connection to the Poyer Road so that direct access on the Trumansburg Road frcM the Page-Gcnibash property, if every developed, would not be necessary. Peter Trov^dDridge, Architect for Ken Poyer stated that he wanted to make one point of clarification frcm Mr. Poyer's point of view, that the Town Planning Board asked for a 60' road reservation at the end of the cul-de-sac and the only concern on the part of the owner is that indeed this will make an oj^rtunity to connect into the Page and Gonibas parcels but the real concern is that it may in fact create a connector road between Route 96 and Dubois Road v^ere people going to the Biggs Building or the hospital would become a through road off of Route 96 probably pulling quite a bit a traffic through this project. He stated that there was quite a bit of concern, vdiere initially that makes some planning sense in connecting roads, would create quite a different traffic pattern given the kind of developnnent that has occurred and probably will occur around the hospital. The developer would like the Board to reconsider the reservation at the end of the cul-de-sac. Town Planner Beeners replied, with respect to that she stated that she did want to note that the Planning Board did discuss a little bit how the design of the road, the cul-de-sac and the possible extension of the road and also the nuitiber of turns that one would have to make in order to get though would discourage, to seme extent, that type of zip through traffic. Supervisor Desch felt that with the winding nature of the road he did not think this would happen. ^ Councilwcman Raffensperger stated that since the Planning Board passed a resolution reccnmending the reservation of the possibility of the extension of the road she would be quite unwilling to pass a resolution that did not include that without sending it back to the Planning Board. RESOLUTION NO. 265 Motion by Councilranan Raffensperger; seconded by Councilman McPeak, WHEREAS: 1. The Town of Ithaca Subdivision Regulations require the approval of roads and other public facilities proposed in a subdivision by the Town Board. 2. The Planning Board on August 16, 1988 granted Preliminary Subdivision approval with certain conditions to the proposed Poyer Sxabdivision, proposed to be located on Dubois Road, Town of Ithaca Tax Parcel No. 6-22-1-1.2. 3. The Town Engineer and Town Planner have recotmended approval of the location and preliminary design of roads and other public facilities proposed in said subdivision, subject to the further r«T requironents of the consideration of said subdivision by the Planning Board. NCW THEREFORE IT IS RESOLVED, that the Town of Ithaca Town Board, acting as an involved agency in the review of this subdivision, for vdiich the Planning Board is Lead Agency in environmental review, accept and hereby does accept the location of the roads, open space, and utilities proposed in the Preliminary Subdivision Plat Town Board Minutes 36 September 12, 1988 for the proposed Poyer Subdivision, dated July 5, 1988, subject to the requirements that may be irrposed by the Planning Board and any further requironents of project approval. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). LOCATICN OF PROPOSED ROADS AND OPEN SPACE FOR THE PROPOSED CHASE FARM SUBDIVISION, EAST KING AND RIDGECREST ROADS Town Planner Beeners stated that this proposal is for a subdivision of one hundred single family lots \diich was reviewed quite extensively in sketch plan by the Planning Board. What is proposed is a road systen that would make a nice linkage between King Road and Ridgecrest Road at points opposite possible intersections going into lands adjoining. One would be that the King Road access would be located roughly where the developer would like to have the Phase II ButterPield Access road. Then the Ridgecrest Road entrance would be located so that a road into the adjoining Jones Farm parcel, if that ever were subdivided there would be alternative intersections there. The right-of-way is along the main road and is proposed to be 70' and the developer is proposing to build the trail within that 70'. There has been some discussion about the phasing of that trail and the open space dedications. The open space pieces that are shown, one of would be suitable for a play structure. There is the possibility of future trail extensions into adjoining lands. The first 50 lots would be Phase I and in order to acconrodate that because it isn't a through street, the owner has acquired the abutting piece of property so there will be a teiTporary driveway during Phase I only and a haitmer head turn around during the tenporary pha^er^ Supervisor Desch remarked that on the matter of the pavement he stated that the developer would need to sit down with the Town Highway Superintendent and if he is confortable he would need to make a recormendation in a change in the Town Highway specifications he is the one v^o has the authority in this not the Tcwn Board. Councilman Bartholf asked about the drainage on the proposed highway, it's on top of the hill, how do you propose to take care of this because we have lun into problems with other developments v^ere we have had drainage problems. The representative for the project replied that they have done an extensive drainage study and have reviewed it with Town Engineer Robert Flumerfelt. Part of the project, the first half, most of that was originally designed to run off into a detention pond on the ButterField property so that would be held in retention in an existing pond. Most of the rear half of the project will be held in a new retention pond that is being constructed on site. So very little additional run off will occur that's not controlled discharge at the same rate that it would run off if no development was there. Councilwaiian Raffensperger remarked that this was a very big project and she thought that before the meeting tonight the Board had very little material. She stated that she had not seen any discussion of this in the Planning Board minutes, we haven't received any that had any discussion of it. We don't know how many people came and talked about it or v^at they said. She stated that she would like to look at the project and she would like to knew vdiat people have to say about it, it's a lot of units and a lot of roads. Town Board Minutes 37 September 12, 1988 Mr. Robert Cotts, stated that to his knowledge, fran reading the agenda this was not a public hearing and this project has not received preliminaary subdivision approval from the Planning Board. Town Planner Beeners replied yes, and the subdivision regulations as they read at the present time for sane reason requires the Town Board to approve the location of roads and open spaces prior to preliminary subdivision approval. She felt that had been recognized as sonevtot of an avtoard kind of thing because she was hoping that this would be an opportunity for v^at she thou^t was kind of a conceptual acceptance of the location to occur here so that project could move on. It's scheduled for a public hearing on the 20th. Mr. Cotts stated that he would like to make the point that this not having been called as a public meeting there was inadequate time for the public to respond to these plans and it's inappropriate for the Board to take action on this tonight. It's in effect taking action on a subdivision plan without a public hearing notice. Supervisor Desch replied that there wouldn't be a public hearing anyway because it does not call for a public hearing. What you are saying is that since the Planning Board hasn't held a hearing there hasn't been an opportunity at either Board. The Chase Farm representation stated that the requirement for sketch plan review was an agenda item at the last Planning Board meeting, it was reviewed and discussed as a sketch plan, it hasn't been a part of the public agenda. Unfortunately the room pretty much cleared out just before we made a public presentation. There were several people \dio did stay on but many of the people who are in the audience today were in the audience that evening but he knew that many of these people did not stay to listen to the presentation. A lady remarked that there are sane people in the South Hill Association v^o have sane concerns, particularly about traffic. The Association does have a meeting scheduled for Wednesday night but v^at we would like to be assured of is that any action taken would not preclude any of our concerns. Councilman Cardman remarked, we have two issues going here and he had planned to bring it up later. He stated that he did not receive any packet of information with enough time to give any serious consideration to any of the 36 items we have on the agenda. He stated that he was not willing to act on this. He was not saying it was a good plan, he was not saying it was a bad plan but that he did not have time to look at it. We are going on four hours now, it's public business and we do need to attend to it but we don't need to attend to it in a way that we can't deal with major items because we are so exhausted wading through paper that you haven't had a chance to read. Town Attorney Barney renarked that the problem is that our structure is very unwieldy on the acceptance of these roads. Our subdivision regulations say to the Planning Board, you can't grant preliminary approval until the Town Board has accepted the location, not the fact of title, not the actual road itself, because that ccme later, but the general outline and the general location. He stated that he did not know how to handle this because this has not been the case in the past, this is not how it has been done. We have had preliminary subdivision approval and then at seme point later on, usually after final approval of most everything, it comes to the Town Board for final acceptance. It wasn't until about six month or a year ago that we were reading through the subdivision regulations and found out we haven't been Town Board Minutes 38 September 12, 1988 doing this and we had better because the law says it will be done this way. May be we should consider really if this is vdiat the Town Board really wants to have happen, is v^ether this should really ccxne up. This is very preliminary. The Town Planning Board vdien they get it may shuffle this all over creation. They have not had a chance to have the public hearing that these folks are talking about and it may come about at that public hearing this is not the road configuration that the Planning Board is going to reccannend. They may say it ought to go off in fourteen different directions. He stated that his recommendation would be to adjourn it but let the Planning Board go ahead and hold their public hearing and lets start getting some public input. He stated that he would suggest that the Planning Board if they choose to grant preliminary approval that it be conditional on the road locations that this Board would approve. The Board decided to take up the matter of the Chase Farms project after the Planning Board held a public hearing. REDUCED SPEED ON WEST KING ROAD RESOLUTION ND. 266 Motion by Councilman Cardman; seconded by Coimcilwcman Raf fensperger, WHEREAS, concern has been es^ressed by residents of West King Road about speeding in the area of Upper Buttermilk Falls State Park vdiere there is a combination of steep grades, sharp curves, and hidden driveways, and WHEREAS, the Town Engineer has investigated driving conditions on West King Road and reccnmends that a linear speed zone be established on West King Road from N.Y.S. Route 96B (Danby Road) to 0.6 mile west of the upper entrance road to Buttermilk Falls State Park with posted speed limit of 35 miles per hour, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca considers it reasonable from the standpoint of vehicular and pedestrian safety and alignment to lower the speed limit from the Statewide 55 miles per hour to 35 miles per hour, and authorizes the Town Supervisor to apply to the State Department of Transportation through the Tcmpkins County Ccmmissioner of Public Works for endorsement and approval of this request. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). STORMWATER MANAGEMENT SEMINAR FOR ENGINEERS AND PLANNERS RESOLUTIC^ NO. 267 Motion by Sipervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize Town Engineer Robert Flumerfelt to attend the course "Stormwater Management for Engineers and Planners" in Boston, Massachusetts, October 5-7, 1988, course fee $450 plus lodging. (Desch, ffcPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). BIDDING FOR PHASE III SEWER EXTENSION ON EAST SHORE DRIVE Town Board Minutes 39 September 12, 1988 Supervisor Desch remarked that even though we don't have the bids in we are reasonably comfortable that we are within budget. The original design, we ran into a problem with Conrail which would have required us to invest a half million dollars in permanent sheet pilings, alone. So this is a way to solve this problem and service the properties better. RESOLUTIOJ NO. 268 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the bidding for Phase III sewer extension along East Shore Drive. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR THE PRESENTATION OF THE 1989 TOWN OF ITHACA TEMATIVE BUDGET RESOLUTIOJ NO. 269 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 October 3, 1988 to present the 1989 Town of Ithaca Tentative Budget. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO CONSIDER 1989 TOWN OF ITHACA PRELIMINARY BUDGET RESOLUTION NO. 270 Motion by Supearvisor Desch; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7:00 P.M., on November 10, 1988 to consider approval of the 1989 Town of Itiiaca Preliminary Budget. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR PUBlSiC HEARING TO CC^SIDER THE 1989 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION PRELIMINARY BUDGCT RESOLUTION NO. 271 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 November 10, 1988 to consider approval of the 1989 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Town Board Minutes 40 September 12, 1988 SET DATE FOR PUBLIC HEARING TO CONSIDER THE 1989 FIRE PROTECTIOJ BUDGET RESOLUTION NO. 272 Motion by Supervisor Desch; seconded by Councilman McS>eak, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7:45 P.M., on November 10, 1988 to consider approval of the 1989 Fire Protection Budget. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING Oti 1989 ASSESSMENT ROLLS FOR SPECIAL BENEFIT DISTRICTS RESOLUTION NO. 273 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 8:00 P.M., on Noveniber 10, 1988 to consider approval of the 1989 Assessment Rolls for the water and sewer Benefit Assessment Roll. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO CONSIDER CLOVER lANE LIGHTING DISTRICT BUDGET RESOLUTION NO. 274 Motion by Supervisor Desch; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8:10 P.M., on Nbvoiiber 10, 1988 to consider approval of the Clover Lane Light District budget for 1989. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO CONSIDER FOREST HOME DRIVE LIGEfTING DISTRICT BUDGET RESOLUTION NO. 275 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8:15 P.M., on November 10, 1988 to consider approval of the Forest Hone Drive Lighting District budget for 1989. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO CONSIDER EASTWC03 COMMONS LIGHTING DISTRICT BUDGET Tc5wn Board Minutes 41 September 12, 1988 RESOLUTION NO. 276 tfotion by Supervisor Desch; seconded by Councilvonan Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8:20 P.M., on November 10, 1988 to consider approval of the Eastwood Ccmmons Lifting District budget for 1989. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO (MTSIDER GLENSIDE LIGHTING DISTRICT BUDGET RESOLUTION NO. 277 Motion by Supervisor Desch; seconded by Councilwoman Raffensperger, RESOLVED, that the Town Board of the Tbwn of Ithaca will meet and conduct a public hearing at 8:25 P.M., on Novamber 10, 1988 to consider approval of the Glenside Lighting District budget for 1989. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SET DATE FOR PUBLIC HEARING TO CONSIDER REa^CK HEIGHTS LIGCTING DISTRICT BUDGET RESOLUTION NO. 278 Motion by Supervisor Desch; seconded by Councilwoman Raffensperger, RESOLVED, that the Tdwn Board of the Town of Ithaca will meet and conduct a public hearing at 8:30 P.M., on November 10, 1988 to consider approval of the Renwick Heists Lighting District budget for 1989. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). SALARY CHANGE FOR TCMJ HIOiWAY SUPERINTENDENT RESOLUTIOW NO. 279 Motion by Councilman Bartholf; seconded by Coimcilman McPeak, WHEREAS, Town Highway Superintendent John Ozolins has satisfactorily completed his probationary period, and WHEREAS, recently the oversight responsibilities for the Parks Department were added to the duties of the Highway Superintendent, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize an increase in salary of $500 for the Highway Superintendent effective October 1, 1988. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). FINANCIAL REPORT Town Board Minutes 42 September 12, 1988 RESOLUTIOSf NO. 280 Motion by Si:5)ervisor Desch; secx>nded by Councilwcaman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereto approves the August Financial Report. (Desch, McPeak, Raffensperger, Bartholf, Leairy and Cardman voting Aye. Nays - none). WATER ACCOUNT REFUNDS RESOLUTION NO. 281 Motion by Councilman McPeak; seconded by Councilman Bartholf, (1) WHEREAS, the customer at 921 Mitchell Street has been paying estimated bills vdiich, vAien an actual reading was received was lower than the estimated bill, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereto authorize a refund of $51.59 for water, $5.16 for water surcharge, $49.31 for sewer and $3.59 for sewer surcharge, total refund of $109.65 be made to Joe Ciaschi, P.O. Box 34, Ithaca, New York. Account Number S-841. (2) WHEREAS, the custoaier at 21 Whitetail Drive received a corrected final bill v^en the property was sold, and WHEREAS, the customer paid the erroneous June 1 bill instead of the final bill, NCW THEREFORE BE IT RESOLVED, that the Town Boaird of the Tbwn of Ithaca hereby authorize a refund of $15.76 for sewer be paid to Edward Hallberg Associates, P.O. Box 701, Skaneateles, New York, 13152. Account Number F-3768. (3) WHEREAS, the Church Treasurer paid both the original June bill and the corrected June bill, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $139.02 for water, $14.92 water surcharge, $83.40 sewer and $10.45 sewer surcharge, total refund of $247.79 be made to FHC %Treasurer, 222 Forest Hcme Drive, Ithaca, New York. Account Number E-409. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). TCWN OF ITHACA WARRANTS RESOLUTICTJ NO. 282 Motion by Councilman McPeak; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated September 12, 1988, in the following amounts; Tdwn Board Minutes 43 September 12, 1988 General Fund - Town Wide $ 42,681.23 General Fund - Outside Village $ 37,236.27 Highway Fund $112,370.38 Water & Sewer Fund .....$ 39,652.99 Capital Projects Fund $321,862.82 Lighting District Fund $ 443.06 (Desch, ^fcPeak, Bartholf, Leary and Cardman voting Aye. Nays - none. Abstaining - Raffensperger) Councilwcanan Raffensperger stated that she had not had an opportunity to examine the warrants, therefore, she was abstaining. BOLTON POINT WARRANTS RESOLUTION NO. 283 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Bolton Point Warrants dated September 12, 1988, in the Operating Budget are hereby approved in the amount of $569,324.01 after review and upon the recoranendation of the Southern Cayuga Lake Intermunicipal Water Catmission, they are in order for payment. (Desch, McPeak, Bartholf, Leary and Cardman voting Aye. Nays - none. Abstaining - Raffensperger) PERSC»JS TO BE HEARD John Whitconb remarked that on the Noise OrddLnance, is there a provision for exemption of agricultural generated noise. He stated that he realized there was not much activity within the Town anymore but the farms that are there are surrounded by houses and development. Supervisor Desch replied that the Board had discussed this but he was not sure it had been included but that the Board would look into it to make sure it was included. Mr. Whitcomb continued, on the Ccmprehensive Planning Subccnmittee we feel that it is inportant for this ccmmittee to meet and organize as soon as possible. He noted that the Supervisor had suggested that they could meet and review the GINA presentation that they gave on August 29th and he stated that he would have a complete copy of that to the Clerk by the end of the we^. Supervisor Desch replied that the Ccmmittee could schedule the use of the Board room. He asked the Town Planner to be torporary chairperson and set \:p the first meeting. Town Planner Beeners replied that, her assumption woxild be that these would go out in three or four we^s. Councilman Cardman replied, we should have a meeting prior to that. Town Planner Beeners questioned, prior to even receiving proposals? Supervisor Desch replied yes, you need an organizational meeting. The first order of business should be to pick a chairperson. EXECUTIVE SESSION Town Boaixi Minutes 44 September 12, 1988 RESOLUTION W). 284 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss possible pending litigation. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). RESOLUTION NO. 285 Motion by Councilman Bartholf; seconded by Supervisor Desch, RESOLVED, that the Town Boaid of the Town of Ithaca hereby moves back into open session. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). ADJOURNMENT The meeting was duly adjourned. Town Clerk AWDAV/r or rVMLKATUW The Ithaca Journal of ^tfo ^ork, ^ompkm® Coxmiy, mu: ; and ttyj, ttat be leides in Itbaca, Count)- and Hale aforesaid and tiut be is ^ ^ Tttr Ithaca Journal a public oeu-spaper priated and published In Itbaca aforesaid, and tibat % notice, of ^^tdiidb the annexed is a true cc^, was published in said paper .~^2^..jJ.3lS:S: and that the first publication of said notice was on the .. .j£a day of daySubscribed tnd rw'om to before xne, fhic JEAN FORD Nofary Public, Sfafe cf Nsw York No. 4654410 Qualified in Tompkins Commission expires May 31, Vlotary Public. • TOWN OF ITHACA NOTICE OF PUBLIC HEARING j PLEASE TAKE NOTICE, that the ; Town Board of the Town of.; Ithoco will meet and conduct ^ o public hearing on Septem- i her 12, 1988 ot 7:00.P.AA; ol j the Town Hall, 126 East Sene--1 ca Street, Ithaca, New York, to j consider an application frorri Eddydole Market, Elmird | Road, Ithaca, New York, Town j of Ithaca Tox Parcel Number t 6-35-1-10.1, for the rezoning-'j of said property from R-30 to ,| Modified Business "B", and j will at this time hear all per- ' sons in favor of or opposed to ; said rezoning. ; Jean H. Swortwood ' Town Clerk' August 30, 1988 ArnoAViT or iVMucAttos The Ithaca Journal of ^i£d ^nrk, TDnnxpknts CUnunly, m ,t -^.^LjSul lins j 1 jbemg cujy fu'om, deposes and Myi, th&t he resides in Ithaca, Count>- and state aforesaid and * that he is . c le r k ^ Iteaca. Journal a public newTpaper printed and published in Ithaca aforesaid, and that % notiee, of which the annexed is a true copy, was published in said paper and that the first publication of said notice was on the ..sJSS of Subscribed and rA*om to before nae, et wJS FtibUc.j£AN Koiary Public, State of New Yotfe No. 465'''-^lO Qualified in Tom^~ - eommission expires May 35, / X.'' n ' •' 'v TOWN OF ITHACA ^ j notice of public hearing : PLEASE TAKE NOTICE, that the Town Board of the Town oh Ithoco wil meet ' j•pyblic hearing o" Septeinberl 12 1988, ot 7:30 P.M. at the; Town Hall, 126 East Seiieco Street, Ithoco. ° consider amending the Zon , ing Ordinance and Local laW| No 3 of 1984. regordmg the^expansion of permitted uses, on the LoToorelle premises, 1150 Oanby Ro°d, Town of Ithoco Tax Parcel No. 6-36-1-1 4 2 and will at this time hear;oirpersons in favor of o"- opposed to the odoption of said, local low. _ . ^ iiJean H. Swor'wpod Town Clerk Aug. 30, 1988 ArrtoAviT or rtmjCATiON The Ithaca Journal ^tds td ^ork, ^Itnapkm* Cinintg, ^ * --fiMLJiVlllins being duJy sv^'om, deposes •nd ttys, tbat he resides in Ithaca, Ccmnty- and state aforesaid and ttiat he is Tto IrsACA. JouRNAX. a public nevuspaper printed and published In Ithaca aforesaid, and that % notice, of which the annexed is a true cc^, was published in said paper ' _ and that the £rst publication of said notice was on the -s^.C?, f Subscrih^ and worn to before me, thic .. ...... .. day of JLjLLCt:£>:CiL^^^ 19 jean ford Votary Tx^Uc.Notary Public, State of New Yorfe No. A6S - VC Qualified in Tompkins County.^ Lommission expire. May 31,19^/ / TOWN OF ITHACA . notice of public hearing I PLEASE TAKE NOTICE, that the, Town Board of the Towri of: Ithocd will meet flild conduct o public hearing on Septem-j ber 12. 1988 ol 7:45 P.M., at! the Town Holl, 126 Eost Sene-j^ CO Street, Hhoco, New YorK,.to; consider amending the Town^ of Ithoco Traffic Ordinonce to: provide for sigooge on Dotes Drive ond will-ot this time heor i all person in fovor of or op posed to the omendment of, soid Troffic Ordinonce. Jeon H. Swortwood Town Clerk August 30, 1988 n , awdav/t or rvtucATiON The Ithaca Journal of ^ork, ^^xnnjjkmfi Cdoiinig^ -^Sll.^y.lli.ns being duly r^^-om, deposes ond uys, tKftt ke resides in County* snd ctzte eforesaid ftnd tbet be is - clerk of The Itsaca. Journal r public xiewspaper printed and published In Ithaca aforesaid, and that % notice, of which the annexed is a true copy, was published in said paper /7fp- and that the first publication of said notice was on the ..a2.cz. Subscribed and s^*om to before me, this Q. day -..F? . jean ford ^^oiary Pitblic.Pobi.c. s. °ofMe. v., ^ No. 4654410 Com"^- Counf,mission expires May 31 ipj TOWN OF ITHACA 0 NOTICE OF PUBLIC HEARING I PLEASE TAKE NOTICE, that the', Town Board of the Town of I ' Ithoco will meet ond conduct i q public heorinq on Seplem*.! Bb:r.l2, 1988 ot7:50 P.M., ot the Town Hall, 126 Eost Sene-i CO Street, Ithoco, New York, to^ consider on ordinonce ° gov-: erning noise in the Town of^j Ithoco ond will at this time i heor oil persons in fovor of or opposed to the odoption of! soid ordinonce. ' I Jean H. Swortwoodj Town Clerk August 30, 1988 j ^cr<p </S ArnoAvn or nmjCKticw The Ithaca Journal of ^nrk, ^Imnjjkma Coixrtiy, »£_: «nd »ayj, tL&t be resides in Ithaca, CouDt>- and state aforesaid and that be is ..sXsjM. ^ Itkaca Journal a public x»ewspaper printed and published in Ithaca aforesaid, and ihsii % xkotice, of which the annexed is a true copy, was published in said paper - and Uttt the first publication of said notice was on the Subsmbed and sw*om to before me, this lo day jean fordNofary Publ/c, Sfafs of New York No. 46544:0 County,ommission expires May 3), 19 Notary Public. town OF fTHACA •- notice of public hearing PLEASE TAKE NOTICE, that theliwn Bomd of »he Town of llhoco will meet ond cond^2.^.2^51? o"VooSKror ESKoIWmo, Uhora OIX) "i" "• T® August 30, 1988