Loading...
HomeMy WebLinkAboutTB Minutes 1988-12-12TOWN OF ITHACA PEGULAR BOARD MEETING December 12, 1988 At a Reg\ilar Meeting of the Town Board of the Town of Ithaca, Tanpkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 12th day of December, 1988, there were: PRESENT: ALSO PRESENT: Noel Desch, Supervisor Henry McPe^, Councilman Shirley Raffensperger, Councilworoan Robert Bartholf, Councilman Patricia Leary, Councilwcman Thomas Carc3raan, Councilman David Klein, Councilman Robert Flumerfelt, Town Engineer John Ozolins, Highway Si:^5erintendent John Barney, Town Attorney Celia Bowers, 1406 Trumansburg Road Leigh Marshall, Ithaca Fire Department TCm Whitmore, Ithaca Fire Department John Cook, Ithaca Fire Department Ray Wheaton, Ithaca Fire Department Bill Baker, Ithaca Fire Department Greg Stevenson, 115 West Haven Road Doug Barker, Ithaca Fire Department Barbara Caldwell, Ithaca Fire Department Janice Esraan, 903 Triphammer Road Brian Mullen, Ithaca Fire Department Dan Rhoads, Ithaca Fire Department Ed Cobb, 1005 Danby Road Mike Schnurle, Ithaca Fire Department Tom Parsons, Ithaca Fire Department John Whitcoiib, 233 Troy Road Eva Hoffitiann, 4 Sugarbush Lane David Co3melius, Board of Fire Commissioners David Reynolds, 102 Longview Drive David Auble, 250 Troy Road John Sorton, 330 West King Road Harrison Rue, 564 Elm Street Extension Dick Tingles, 201 Elm Street Extension Beverly Livesay, Board of Reps. Rosalind Grippi, 423 East Seneca Street Salvatore Grippi, 423 East Seneca Street Gene Ball, 1317 Trumansburg Road Peter Hillman, 370 Stone Quarry Road PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. APPOINTMENT TO FILL TOWN BOARD VACANCY Supervisor Desch stated that before giving his report he would like to suggest that the Board consider Item #9 with respect to the Town Board vacancy. Town Board Minutes 2 December 12, 1988 RESOLUTION NO. 341 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby appoint David Klein to fill the vacancy on the Town Board. (Desch, McPeak, Raffensperger, Bartholf, Leary and Cardman voting Aye. Nays - none). Supervisor Desch noted that the Board had received Mr. Klein's letter of resignation from the Town of Ithaca Planning Board. CONSIDER ACCEPTANCE OF PROPOSED ROADS AND OTHER PUBLIC FACILITIES, PROPOSED "WINNERS CIRCLE" SUBDIVISICN, PROPOSED TO BE LOCATED NEAR SLATERVTT.T,E ROAD AND BCmESS LANE Supervisor Desch stated that this item will be adjourned until the Januairy meeting. REPORTS OF TOWN OFFICIALS Supervisor's Report Temporary Financing for Ithaca Area Wastewater Treatment Plant Sij^jervisor Desch reported that the Town has $750,000 in BANS due on December 16, 1988, for which the Towns part will be about $311,800. We had hop^ that the reimbursements frcm the State and Federal government would be sufficiently timely to avoid renewal but as you approach the audit stage in such a project the reimbursements slow considerably. We, therefore, need to renew the notes for six months at v^ch time the reimbursements are expected to be sufficient to pay off the notes. We won't have rates for a few days but this is to alert you to the need to ratify my execution of the BAN v^en we meet at year end. There will also be a payment in January for the STEP II design phase vMch will be paid off frcm our sewer fund at that time to close out that borrowing. RESOLUTION NO. 342 Motion by Supervisor Desch; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the Supervisor to execute a six month renewal of the Bond Anticipation Note on behalf of the Town of Ithaca that is due on December 16, 1988 in the approximate amoimt of $311,800. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). Tcwn Board Ccaiinunications Supervisor Desch stated that in a continuing effort to iirprove ccmraunication among Town Board matibers, we have invited Board Members to our twice monthly staff meetings and that he was preparing a quarterly calendar of probable agenda items so that we can get as much advance notice out as possible. Article 78 Proceedings Supervisor Desch noted that the Article 78 litigation on the Monkemeyer project with respect to the Planning Board denial due to the hei^t limitation has been dropped by the plaintiff and a Town Board Minutes 3 Decoiiber 12, 1988 redesign is presumed to be underway vdiich conplies with the ordinance. Route 96 Public Hearing Supervisor Desch reminded the Board that the Route 96 DOT public hearings were scheduled for Wednesday and Thursday at NYSEG. First night starts at 6:30 P.M. The City is providing free transportation. 1989 Water & Sewer Improvements Supervisor Desch noted that the Board members had the first cut on the 1989 Water & Sewer Iraprovenent items v^ich will be an item of more detailed discussion early on in 1989. Town Engineer's Report Town Engineer Flumerfelt stated that before he got into his report he had a bill that he did not want to forget, so he would like to bring that up first. He went on to say he had a bill from Dick Hotelling Backhoe & Dozer Service for $2,644.20 for installation of a water service and sewer lateral on Kendall Avenue. Three quarters is se\^r, one quarter is water. They ran into very solid rock \^ch had to be jack hammered. Supervisor Desch asked if the vacant lot had been paying benefit units? Town Engineer Flvimerfelt replied, yes. RESOLUTION NO. 343 Jfotion by Councilwoman Raffensperger; seconded by Councilman Bartholf, RESOLVED, that the Town Boaird of the Town of Ithaca hereby authorize the payment of $2,644.20 to Hotelling Backhoe & Dozer Service for the installation of water service and sewer lateral on Kendall Avenue under the public highway. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). The Tcwn Engineer went on to say he had one more item in regard to bills. In the warrants there is a bill frcm Hill Construction Company vMch is higher than it should be. The correct amount should be $9,338.78. Town Engineer Flumerfelt stated that it had cone to his attention, recently, that seme of the Board monbers may sense a lack of information on vhat activities the Engineer Department is engaged in and seme complaints have been received about lack of timely response to cestplaints or requests and he stated this was something that he fully recognized and in this regard he planned to give the Board a little bit more complete report of our Department's monthly activities. Starting this month to include the Assistant Engineers Report from Eric Whitney. The Town Engineer went on to say that idien he started as Town Engineer about two years ago he was asked, at the beginning of that time, v^ether he felt the Engineering Department could do the engineering for our 1987 water and sewer inprovement projects vhich included the surveying, mapping, design and preparation of contract documents, the acquiring of easements, contract administration and Tcwn Board Minutes 4 Decenber 12, 1988 inspection along with the preparation of as-built drawings. He stated that he looked at this as a challenge and he thought that if they could acccnplish this work with their small force that they would be doing a job that would save the Town a lot of money. In fact they have accorplished almost, as a few days ago with the advertising of our Phase III pairt of the project, we have acccstplished almost all we set out to do. As a result, he felt they had indeed saved the Town a good bit of money. At the time he said they could do it he was eager and wanted to exhibit a can do attitude and probably did not fully realize the enoimious number of tasks that they have besides that on a day to day basis. He felt that they have been quite responsive to the many requests that they receive every day with people walking in and telephone calls, on the order of thirty each day. We probably make as many calls ourselves. Seme have undoubtedly fallen through the cracks. The Town Engineer went on to say that he had had a recent discussion with the Town Supervisor and we were talking about the next couple of years projects. He felt that, after the discussion, they were leaning to going to outside engineering help on sane of the larger projects so that it will free the Engineering Department to do sane of the tasks that have to be done and make a better effort toward irtmediate response to inquiries and problems. He stated that he wanted to say these things and that he wanted also to extend an invitation to each of the Board members to cane and visit the office upstairs and they would be very glad to explain the work they were doing and answer any questions and that way he could get to know the Board members a little bit better. The Town Engineer stated that bids would be opened on December 23rd for Phase III. He stated that he hoped the bidding climate would be better this time of year, also quite significant modifications had been made to the specifications. Infiltration/Inflow Study Town Engineer Flumerfelt stated that in regard to the Infiltration/Inflow Study on the sanitary sewers in the Northeast, Pickard & Anderson #io did the Phase .1 Study did determine that we had a great amount of excessive infiltration. There reconnendation was that we undertake a Phase II study to determine exactly v^ich sewers needed to be inspected by television v^ich is a fairly e3^>ensive process. Their proposal for Phase II was $12,000 vdiich seened like a lot to him just to narrow down vdiat was needed to be televised. So we negotiated with than and now have a proposal in the amount of about $2,000 with our department doing the leg work. The Town Engineer noted that in early October he had attended the Stormwater Management Course in Boston for three days and attached to his report was a summary of the course. It was very worthvMle that he attended, he felt. The content of the course was geared approximately 75% toward engineering. He stated that many local governments are now adopting stormwater management ordinances for management and control of excess run off, also sane states. He stated that he had a reconnendation on the last page of his report, v^ich he would like to read; "The effect of new developnent in regard to increased stormwater run off and the potential for creating flooding problems or potential damage done on the stream has been evaluated in each subdivision proposal that he has reviewed to date and he has recannended to the Planning Board on several instances that stornwater detention facilities be incorporated in sight drainage designs. We don't, however, have a definitive stormwater management ordinance based on policies that are applicable to all developers without discrimination. This is not to say that all developers, for instance would be required to build detention ponds. There are sotie locations within a water Tcfwn Boaid Minutes 5 December 12, 1988 shed v^ere detention storage is detrimental rather than beneficial, particularly in the lower third of a drainage area v^ere you want to get the water off quickly before the peak of the flow from up above comes down. We are now receiving several development proposals on relatively large land areas and in seme cases such as Deerrun and ButterField, the Chase Fanns development we have detention ponds either now built or proposed in series and this leads to a very ccaiplicated hydrology problon in analyzing stom run off quantities. Because of the continuing high rate of development in the Town he felt now was the time to consider the formulation and adoption of a stonnwater management ordinance. And, therefore, I would reccatmend that the Town Engineer and the Town Planner and the Town Attorney and perhaps a small groi:p of Board members be appointed to work on such an ordinance". Town Highway Superintendent's Report Highway Superintendent John Ozolins reported that as far as major activities during the month of November, welding of the decking on the Icwer Forest Home bridge was accorplished as well as removal of access signage in the Forest Home area. We also went back through the entire Town to pick up brush and at that time anything that was remaining on County or State roads was picked up also. The turn aroimd in the Penny Lane area was ccnpleted. We are still trimming trees on Forest Home Drive. The big item on the Parks and Open Space is the Grandview Park, that has been graded and the top soil has been put back on so that next spring the rocks will need to be picked up before seeding. Building Inspector/Zoning Officer's Report Andrew Frost, Building Inspector/Zoning Officer reported that at the end of this month he would have a year end report v^ch would have all kinds of catparisons. For the month of November, things ran close to last year with single family running pretty close to last year, however, two-family residents are way down. We had fourteen last year and four this year. We are fairly close as far as construction vdien you remove the eight million dollars for the Ithaca College Camiunications Building last year. It was November of '87 v^en we started collecting our new fees for building permits so in previous reports fees received have always been quite a bit less, so, hopefully the fees should begin to look closer. The Building Inspector went on to say that they have investigated two more complaints this year than they did last year. There have been a lot of abandoned vehicle complaints. In terms of field visits, we had quite a few more with over 1,000 for the year. He stated that in September he was appointed to a twelve member statewide committee on manufactured housing by the New York State Building Officials \^ch is a professional organization in New York State. Town Planner's Report Town Planner Susan Beeners remarked that the highlight for her was the receipt of about $48,000 for 50% of the South Hill Trail costs received through the Environmental Quality Review Bond Act. Currently we are working on that, ccmpleting other application requiremients. She went on to say that there would be three interviews this week for Comprehensive Planning consultant. Those interviews, on recommendation of the committee, are open for observation by the public. She noted that she and George Frantz Town Board Minutes 6 Deconnber 12, 1988 were still attending the McTrans classes, by Christinas we should have the sxurvey report as well as the program in the office. PERSONS TO BE HEARD Supervisor Desch noted that there were a number of people here this evening v^o want to continue their presentation from the October meeting. He stated that Tern Whitmore had asked to address the Board, however, there was not much time as the first public hearing was scheduled for 6:30. Mr. Whitmore stated that he would like to waive his time and pass it on the to President of their union. Lei^ Marshall, President of the Ithaca Paid Fire Fighters Association stated that he would like to talk to the Board tonight about the Town contract and how it effects the safety of the Fire Fighters and the Town residents. He went on to say that he would like to refer to the contract itself and speak on seven items in the contract. Number 1 imder provision for services - The contract states the City shall provide fire protection services and emergency medical services on an equal basis throughout the fire area. This is simply not possible with current manning levels in the Ithaca Fire Department. Time and adequate manpower are critical in rescue and fire suppression operations. Even with two stations in the Town of Ithaca, those areas will be covered by only one engine and one fire fighter before help arrives from the City of Ithaca, six minutes later. That one fire fighter will have to wait for additional personnel from the City before efficient and safe rescue and fire suppression can be performed. Contributions from tax exempt entities - The Town agrees to continue discussion with Ithaca College in the interest of deriving a contribution. We would like a report from the Town Board as to v^at steps have been taken and v^at your future plans are to negotiate with Ithaca College for Fire Department funding. Ithaca College accounts for approximately 11% of our total calls and poses many safety problons such as hazardous materials in labs and high rise dormitories. They should continue to be pressed for funds to help bolster the manning that would be needed to handle such situations on campus. Staffing levels - Should the City choose to add any positions or personnel viiich are not deemed by both parties to be beneficial to both parties, all costs relating thereto would be bom solely hy the City. The fire service is a labor intensive industry. Without adequate manpower at the scene in the first few minutes vital tasks needed to save lives and property cannot safely or effectively performed. Any additions to the Fire Department roster will certainly be beneficial to both parties. In fact the Town has more to gain from increased personnel since with current manning levels fire fighters are necessarily concentrated in the City of Ithaca. Growth and manning will mean growth and safety for both fire fighters and residents of the Town. E5q)ansion and Town Representation on Fire Conmission - The City agrees to amend the current structure of the Board of Fire Ccramissioners to include representation by and for the Town. A vdiole page of the contract is devoted to assure that the Town has adequate representation on the Board of Fire Commissioners. Two Town residents have given much time and energy to leam about the fire service and specifically the Ithaca Fire Department so that they could make informed and sound decisions about the Fire Town Board Minutes 7 December 12, 1988 Department operations and budget. All the Fire Ccatmissioners agree that manndLng increases are necessary to provide safe, efficient fire service to both the City and the Town. You, the Town Board reccnmended two of the Canmissioners, please listen to vhat they have to say an irrplonent their reccanmendations. Location and time of construction of new stations - The parties to this contract also agree that two new fire stations shall be constructed in the Town fire service area protected by this agreement at locations on West Hill and South Hill. The Paid Fire Filters Association discussing the manning situation and specifically v^at will happen if two new stations are built in the Town. As a result of this discussion, the following resolution was unanimously approved: In the interest of safety, the Ithaca Paid Fire Fighters Association does not support a manning policy of less than two career fire fighters in each Town station. Further, if adequate full time fire fighters cannot be funded to man these stations they should not even be constructed. Indotmity - The City shall hold the Town harmless by third parties with regard to personal injury, wrongful death and for property damage arising out of any act or negligence of the City, its officers or agents for answering such calls in the Town. As far as we are concerned, if we are injured or killed in an otiergency incident no matter viiere it occurs, we or our spouses will sue any party that we feel have shewn negligence. It is negligent to station one fire fighter, three miles or six minutes away, frcm the nearest help. If the City and Town fail to provide adequate manpower our safety is jeopardized, you will be held accountable. Authority of Chief - The City and its officers shall use sound professional judgement based on generally accepted standards in the provision of its fire protection. Elnergency medical, emergency and non-emergency services. If the City and its officers were to use sound professional judgement based on generally accepted standards we would never enter a building to search for victims or find the seat of a fire. For years we have been taking risks in doing our jobs with manning levels far below generally accepted standards. The City has taken a small step in the right direction by funding four new fire fighter positions contingent upon you, the Town Board, sharing the cost. If you want a minimum of two fire fighters in each of the Town's stations you need to challenge the City to hire eight new fire filters using the money they put in contingency and share the cost. The increased safety this would afford both Town residents and fire fighters would will be worth the cost. Thank you. Councilman McPeak remarked, you spoke of hazardous material in the dormitory, vtot are you talking about? Mr. Marshall replied that he spoke of hazardous materials in the labs and of the problems we have with the high rise buildings. Councilman McPeak asked, vtot kind of hazards are you talking about? Mr. Marshall replied, in any of the science labs there are small amounts of hazardous materials. Supervisor Desch rorarked, you are probably aware that there is a tentative agreement to hold a joint public hearing in January. This Boai?d hasn't set a date yet. Town Board Minutes 8 December 12, 1988 Mr. Marshall replied, we were told it was the 18th of January. One of our main reasons for being here tonight is the four new positions that the City wants to fund will not give you two fire fighters in each of the outside stations. That will only allow that in one station. You will still have a station with one engine and one fire fighter and we feel that is very unsafe. Si:pervisor Desch remarked that as he understood it, the amount of money that is in the contingency will support four paid firemen and an officer? Chief Olmstead replied, that was the substance of the discussion. Just to clarify vtet came out of the Board of Fire Ccninissioners, the joint meeting between Ccarmon Council and the Town Board Tdiich is scheduled for the 18th, the discussion is about twenty-two people, not two or four or six or eight. It's about that entire staff level v^ch has come out of the Fire Department and Board of Fire Conmissioners. Just so that it is clear in everybody's mind, its not to talk about just four people but the entire manning issue of the Fire Department. Supervisor Desch asked, did the City actually set that date? Chief Olmstead replied yes, it was announced at Ccmmon Council that there was a tentative agreement on the date. Councilman Cardman asked, vdiat would be the minimum number of new positions you would need in order to have two in each station? Chief Olmstead replied, eight. Councilman Cardman replied, this number of four, even though it unofficial, vAiere did it ccme frcm? Chief Olmstead replied, the number of four came from a meetdlng of the Humans Services Connission and the Board of Fire Commissioners. It's was vdiat half of the Council felt they would do irrmediately without waiting for any agreonent frcm the Town and the balance of the positions to be discussed as part of the joint discussion with the Town. When it finally came to a vote on Council, then they backed off doing anything and said we want to find out v^ere the discussion with the Town is going. Councilman Cardman replied, so there is no commitment for any number until there is a discussion? Chief Olmstead replied, there is a conmitment of $130,000 in restricted contingency. There was a comnitment of $60,000 for a similar agenda last year. That was part of a this meeting that is coming up on the 18th is one we have been trying to get since i^ril of '87 to talk about filling out the staffing levels of the department. Mr. Marshall stated that he had misspoken, the number was twelve because we also have to have officers dLn the outside stations. Councilman Cardman replied so it would be two fire filters and an officer for a total of three in a station. Mr. Marshall replied yes, for four shifts. Councilwoman Raffensperger stated that she was not sure she understood the characterization of meeting as to the plan to only discuss the staffing at a level of plus twenty-twc officers, she stated that she would assume they would discuss the staffing at various levels at CaiEnon Coioncil. Town Board Minutes 9 Deconber 12, 1988 Sv5)e2:visor Desch replied that that was v^y he was a little bit cxDnfused as to how they were going to break down the wording of the notice . REPORT OF BOARD OF REPRESENTATIVES Beverly Livesay, County Representative stated that she mostly wanted to talk about Youth Services, but that she wanted to say quickly that vdiatever you are reading in the paper about the landfill, SWI and the ten million dollar price tag they believe that has no significance to the County. Mrs. Livesay went on to say that she believed the Board all knew the extent to vdiich the County funded Youth Services and it was not enough to sirrply pick up vdiat the City felt the deficit was. She stated that she understood that the Town Board were in good shape, you have a good agreonent with the City and the Icids in the Town of Ithaca will be covered. For seme of the other municipalities that is not the case. There are seme that are doing nothing at all at this point and seme that were not able to do the full amount. We on the Human Services Cemmittee are vej^^ concerned about kids being unserved in this interim period imtil everything gets straightened out. The County is hoping to continue these kinds of negotiations over the next year and to more clearly identify exactly vdiat the County's role should be. A cemmittee will be set up between the County and the City to see v^o should be playing vMch role and how best to provide these services. There has been seme discussion with the City on not just cutting the kids off. Their concern is that if they serve a handful of kids vdio's municipalities have not paid for them and the Town of Ithaca has and the Village of Lansing then that would not be fair. She wondered if the Town Board felt that strongly, or whether you see a little flexibility for another year vdiile we try to work this out. Councilwcman Raffensperger asked, idiat's a handful? Mrs. Livesay stated that she did not have the numbers but the Board could find it in their reports. It was a fairly small number, we may be talking about four municipalities altogether. The Board felt ccmfortable if this was in the short run, to allow children from the other municipalities who have not reached an agreement to participate in the various programs. PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINAKO; PROHIBITING CONSTRUCTION OF MORE THAN ONE PRINCIPAL BUILDING ON ANY LOT IN ANY RESIDENTIAL DISTRICT Proof of posting and publication of a notice of a public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance prohibiting construction of more than one principal building on any lot in any Residential District having been presented by the Town Clerk, the Supervisor opened the public hearing. Supervisor Desch noted that there was one environmental assessment v^ch pertains to all of the amendments to the Zoning Ordinance. We will go through all of them and discuss them but at seme point we will need to decide either a negative declaration or something else. Town Attorney Barney stated that this was a fairly simple amendment. Section 68 of the current Ordinance specifies that v^en there is more than one building on a lot certain side yard requirements must be met. No where is our ordinance does it explicitly say that only one principal building may be on a lot in Tdwn Board Minutes 10 December 12, 1988 Residential neighborhood and yet over the years we have assumed that to be the case. If you have one single family house you cannot construct another single family house on a lot. This amendment basically says that specifically. David Auble, 250 Troy Road stated that he had a planner, on one of his sites, suggest a carriage house approach vdiich is a separated building from a principal building, it's an accessory apartment but separated, not attached by a wall but could be attached. He stated that this might be influenced by this modification and he was not sure exactly what the Board was addressing here. Our property on Ridgecrest v^ere we have a non-conforming use situation v^ere we have a detached unit viiere a garage was converted to a house. That makes sense not to allow that to h^pen but he felt the front unit was cut xsp into several units then they made the garage into a imit, that he could understand. The carriage house concept is a traditional form of style that seons to have a lot of positive characteristics \diich can be tastefully done. Supervisor Desch asked the Town Attorney, under this wording that would require Multiple Family Zoning? Town Attorney Barney replied that he thought so, and he did not think even at this juncture that the Town authorizes an apartment in a garage in a separate building from an existing single family house. As no one else present wished to speak, the Supervisor closed the public hearing. PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR AN AUTOIATIC TERMINATION OF VARIANCES AND SPECIAL APPROVALS IF NOT USED Proof of posting and publication of notice of a public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance to provide for an automatic termination of variances and special approvals if not used having been presented by the Town Clerk, the Supervisor opened the public hearing. Town Attorney Barney stated that at present if a person applies for and receives either a variance or a special approval that lasts forever regardless of vdiether or not its actually irtplemented. What we have done here is sort of put a sunset provision on them and if they are not used the variance ends or the special approval is terminated within either a period of eighteen months from the date the variance or special approval was granted or twelve months after the building permit was issued pursuant to that variance so that at either it comes to an end. As no one present wished to speak for or against the proposed local law, the Supeirvisor closed the public hearing. PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TCWN OF ITHACA ZOJING ORDINANCE TO CLARIFY THE NUMBER OF DWEILLINGS THAT CAN BE LOCATED m LOTS IN RESIDENTIAL ZONES Proof of posting and publication of a notice of a public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance to clarify the number of dwellings that can be located on lots in Residential Zones having been presented by the Town Clerk, the Supervisor opened the public hearing. Town Board Minutes 11 December 12, 1988 Town Attorney Barney remarked, vdiat the Ordinance presently provides in several of our Residential Zones, for instance R-30, the first subdivision in Section 18 says that no building shall be erected or extended other than any of the following purposes: (1) One family dwellings, the term is plural, you could read in there that may be you have two one family dwellings on a lot because we are allowing "dvellings". Several years ago we also redefined family and we did not pick up the fact that with the redefined definition you could not have a single individual reside in the house. We are new saying it can be occupied by either an individual or a family or a family with ijp to two roomers, boarders or other occupants. As no one present wished to speak, the Supervisor closed the public hearing. PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING TEiE TOWN OF ITHACA ZONING ORDINANCE AMENDING AND ENLARGING THE REQUIRB^TS FOR BUFFER AREAS AND LANDSCAPING, FENCING AND SCREENING IN VARIOUS ZCMES IN THE TCWN Pioof of posting and publication of a notice of a p\ablic hearing to consider a local law amending the Town of Ithaca Zoning Ordinance amending and enlarging the requirements for buffer areas and landscaping, fencing and screening in various zones in the TCwn having been presented by the Town Clerk, the Supervisor opened the public hearing. Town Planner Susan Beeners stated that in most of the sections pertaining to buffer areas there has been a change from a 25' foot buffer to a 30' buffer \diich is near any other zoning district. We added seme for types of screening that may be required. Town Attorney Barney added, presently there is no buffer required now for Multiple Residence. Ed Cobb, 1005 Danby Road asked if 30' was enough or do we want to have it 40 or 50 feet? Also, in places like Cayuga Vista v^ere you have clustered houses and seme buffer have not been put in, may be they weren't required, but how long does a person have to plant a buffer zone? Town Planner Beeners replied, there is no specific requirement that a buffer area contain plant material, however, most people think of a buffer area as plants. Karl Niklas, 1005 Danby Road asked if there was any place vhere there is a definition of vhat a buffer zone means? Town Attorney Barney replied no, it's really defined that you can't construct in that zone. He went on to say in answer to the question about 30' there is nothing magic about 30' he felt the thought was that one residential zone adjacent to another residential zone should be 30'. The law does require in all of the zones within the buffer area a strip of 10' either suitably planted or fenced so as to screen one area from the other. Karl Niklas asked if there was any limit as to \^en those plantings would be required? Town Attorney Barney replied, anyone vdio has a subdivision or a multiple residence zone in place right now would not be bound by this. Anybody in the future, the Planning Board would set the time frame within idiich the plantings would have to be done. Sometimes Town Board Minutes 12 December 12, 1988 it's before a Certificate of Occupancy is issued and in seme cases before a Building Permit is issued. Councilwoman Raffensperger noted that the Planning Board has actually set dates and occasionally that funds be set aside in order to guarantee ccnpliance with the landscape plan. Town Planner Beeners added, if all of these proposed local laws are adopted then no parkings spaces can be placed in a buffer zone, vdiich she felt was a big help. Rosalind Grippi, 423 East Seneca Street stated that she was concerned that this be passed now or concurrently with the possibility of getting a Town Consultant and she wondered v^y this was going ahead now v^en we could also get the advise of a consultant. And, since it applies to future developments and not to the present, that is another reason v^y she felt we should wait for a consultant and look at the v^ole situation. She went on to say that she was afraid that there might be seme circumstances v^ere 50 or 30 feet might not be adequate and then one might draw on this as a justification vAiereas it's such a sensitive relationship of residential and ccmmercial zone, that wculdn't it be better to look at each individual case as it came up and open it up for public discussion? Councilwoman Raffensperger stated that she wculd like to make a caranent on the timing because she was on the Codes & Ordinance Carmittee and vhat that Ccmnittee has attoipted to do with this vtole set is not to make any substantial changes, these are really technical changes and clarifying changes. We have just got some items in our Zoning Ordinance that are giving us trouble vdien developers or citizens come to look at it, they don't know vhat it means and sometimes we don't either. So these are intended to be clarifying as opposed to really substantial. As far as the nur±)ers are concerned on the buffer areas that is certainly something we would look to a consultant to make additional recommendations. These all are, in a sense, to provide more buffer or the possibility of more buffer than we have had in the past. These are minimum standards, they are not maximum. The Planning Board could require a larger buffer. Mrs. Grippi asked if a statement could be included saying that a larger buffer might be required? Town Planner Beeners replied, it's within the second area v^ere in addition to the landscaping set forth viiere there might be a hazardous condition or a detraction that additional buffering could be required. Karl Nicklas stated that he wished to endorse vtot he thought were very thoughtful proposals and he would encourage their approval. As no one present wished to speak for or against the proposed local law, the Supervisor closed the public hearing. SPEED LIMIT REDUCTION ON CALKINS ROAD RESOLUTION NO. 344 Motion by Councilman Bartholf; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby request New York State DOT to study the speed limit on Calkins Road from Route 13 to the end, with regard to a consideration of reducing the speed limit to 30 MPH. Town Board Minutes 13 December 12, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). PUBLIC HEARENG TO CmSIDER A LOCAL lAW GOVERNING TAXI CABS IN THE TCWN OF ITHACA Proof of posting and publication of a notice of a pi±>lic 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 noted that the Board members had an amended version. Eva Hoffmann, 4 Sugarbush Lane stated that she was unable to attend the previous hearings. Mrs. Hoffinann stated the she and her husband had a very expensive taxi ride at the end of February this year. We went from the airport to their hone vAiich is about five miles and it cost them $24.00. It was $12.00 per person. She stated that she had gotten a receipt because she was sure the man was wrong but it turned out it was right, that's the standard rate. She stated that they had just ccme frcm Columbus, Ohio vdiere they went an equal distance fron the campus to the airport and it cost them $11.00. Mrs. Hoffinann stated that it seemed to her that there were several problems in Ithaca, one is that there is too big a difference between vbat taxi cost here and vdiat they cost in other places. Also, there is too big a difference between the rates in the City and outside of the City. The City has regulations and she understood that but she stated that she almost got the feeling that vAiat has happened is that those v^o live outside the City are subsidizing the system by paying more to make it ccme out even for the taxi ccnpanies, perhaps. She stated that she also thou^t it looks very bad that the rates from the bus station and the airport seems particularly high and it seemed as if we are taking advantage of visitors to Ithaca. To go from the airport to Ithaca College is $10.00 per person, that is slightly less than it costs to go to Sugarbush Lane vAiich is a little less of a distance. She stated that she was told that the reason for that is that to go to South Hill you have to go through the City and that is v^y the rate is lower. Frcm the airport to East Hill Plaza is $8.00 per person, to go the additional 7/10 of a mile v^ich it is fron East Hill Plaza to her front door it costs her $8.00 more. Mrs. Hoffimann went on to say that she hoped the Board would address these kinds of thing when they discuss the proposed law. It also cost to go frcm the airport to the hospital, $11.00 which is also less than to v^ere she lives vdiich is a much straighter trip and a shorter trip. These are just scame examples of costs. She felt scmething should be done about it. (Mrs. Hoffimann used Major Blue Cab Ccmpany). Stephen Flash, attorney for Richard Clapp and Tower Taxi i^emarked that he felt Mrs. Hoffmann's concerns were valid and that is vdiy they were here tonight. Since the last meeting he stated that he had had extensive conversations with Councilwcman Leary as has Dick Clapp. He stated that he thought the proposals here and his clients concerns both will address the problons illustrated by Mrs. Hoffman's statements. He stated that his understanding of the proposal is that the purpose of it is to really get the City and the Town fares more in line with one another. And secondly to decrease the apparent differences in shorter rides. For instance, last meeting we had a problem with going out to the hospital. clients concerns are really with the fact that the current rates are based on a dollar per mile vdiich thonselves are probably twenty years old or there about, according to Mr. Clapp. His other Tcjfwn Board Minutes 14 December 12, 1988 concerns are the proposals and the rates because there is a difference here, with geographical differences and population effect how far one travels with an enpty set. Also, we are concerned with the cost of enforcement not only the cost that is turned around and iitposed on the passenger but there is also a cost to the City as a v^ole and he did not understand how it was going to be enforced except by cotplaints. Mr. Flash went on to say that based on these, \diat Mr. Clapp proposed to Councilwcman Leary was that for the time being there be an $8.00 maximum in intertown rates, going between any twD zones of the Town and we are asking that you table this proposal imtil the March meeting and in the interim Mr. Clapp plans to modernize his business, get a catputer and get seme better records together. Then he would have a more in depth econcmic analysis done to see vhat would be appropriate rates. Supervisor Desch asked Mr. Flash if he had any idea of \diat percentage of business is generated by the Town? Mr. Flash replied that he did not know for sure but he thought it was soraev^ere between 25% and 50%. Mr. Clapp indicated it was 25% and one of the drivers indicated it was 50%. But this is a situation again v^ere he is hairpered by records that are not kept correctly. Councilwcman Leary remarked, he has log sheets. Mr. Flash replied yes, if you want to go through a shoe box full of log sheets 1 They are doing v^t they can. Councilman Bartholf stated that he would like to do the same thing that he suggested on the Noise Ordinance, and that is to put scmething in the January Newsletter and see if the Town could get seme feedback. Councilman McPeak remarked, do \diat Mr. Flash requested, postpone it and then as you say get some feedback, ri^t? Councilwcman Raffensperger remarked that she would be delighted to see all of this information be developed and come in to the Town Board but on the other hand she was not sure she was willing to continue with the kind of inequities that Mrs. Hoffmann's has told us about during that period of time. Mr. Flash replied, that is \diy we are proposing the $8.00 maximum during that time, to be charged to anyone. Councilman Cardman replied given the fact that the rate schedule is a part of this law, if vtotever study or \totever information Mr. Clapp can gather and he ccmes back in March, i^ril or May with better information on vdiat his rates should be either hi^er or lower, this could be modified and those rates put in place. Postponing inplonenting this particular ordinance at this time serves no one any purpose. These are his rates that he is operating imder now that we are willing to put in, if he is now recognizing through this ordinance now that his rates are either not justifiable for vdiatever reason, that's great, and \dien he ccmes back with better rates, we can then consider adopting those rates and putting then into this ordinance. He went on to say that it was obvious that seme regulation is needed. Councilwcman Leary remarked that as she understood it fran Dick Clapp, the $8.00 would be a cap within the Town, hill to hill and wouldn't effect trips to the airport because that's in Lansing. An airport trip would be whatever he was changing now. The proposal Town Board Minutes 15 Deceauber 12, 1988 is limited, it's good but she did not want the Board to think that would rectify problems like that. Mr. Flash replied that his feelings were that a fare from the airport to another area of the Town, as long as its going to another area in the Town of Ithaca and not further out in Lansing would still be the $8.00 fare. Town Attorney Barney remarked, are you saying Mr. Clapp is willing to take a cap of $8.00 on any trip that either ends or originates in the Town. Mr. Flash replied that he thought the airport was so close to the Town line that he felt he could go back to Mr. Clapp and persuade him of accepting $8.00 to the airport. Town Attorney Barney asked, viiat about the Bus Station to any place in the Town? Mr. Flash replied that he would have to speak to Mr. Clapp about this. Councilwanan Leary remarked that Mr. Clapp plans on adding more cabs and there have been other cab coipanies in Town so it is a fairly decent environment for this kind of a business. In fact, Mr. Clapp stated that he anticipated other ccnpanies ccming in. As no one else wished to speak for or against the proposed local law. Supervisor Desch closed the public hearing. Councilman Bartholf remarked that the date on this local law becoming effective, this kind of bothered him. It is going to take seme time to put the rates up, etc. Supervisor Desch remarked, it will take seme time to educate the drivers and how to be consistent. Mr. Flash ronarked, this is assuming it is going to be passed. Supervisor Desch replied that is right, if it is going to pass. He asked Councilman Bartholf if he had a date in mind. Councilman Bartholf replied that he was thinking of at least 30 days to give him a chance to get himself organized. Mr. Flash replied that he has asked for more time than that, assuming it is passed. January is the only time he will have to get this stuff together. Councilwcman Leary replied, 30 days puts it into January. If there is ever a time to kick it into effect, January would be a good time. January 1st or January 2nd might be a good time, he could educate his drivers v^ile it was slow. Supervisor Desch asked, v^t would happen if we adjourned if you change that paragraph you will have to have another hearing, right? Town Attorney Barney replied that he was not sure changing the date was so critical, especially since it delays the effective date. Councilwcman Leary replied, if we adopted the amended version, you would have to sign a Certificate of Necessity. Supervisor Desch replied that vtot he was thinking was we could voted to adopt the law at our year end meeting and decide now vAiat Town Board Minutes 16 December 12, 1988 the date would be, would we not over come the ten day implementation, v^ch troiabled him. Town Attorney Barney replied that is true and that he could have the amended version out tcroorrow and out for the appropriate timing. Supervisor Desch stated that he was thinking of January 15th, January 1st is pretty tight. Councilwoman Raffensperger replied, the Town Attorney has said though that the change in the effective date as opposed to imnediately to January 15th, or v\hatever anyone pleasure is, is not a substantial enough reason to set another public hearing. Town Attorney Barney replied, that he did not think it was. Councilwoman Raffensperger replied you always give us opinions, it is or it isn't. She stated that she thought the Board should go ahead and take action on this, we have been doing this since surrmer time. Councilman Cardman stated that he would like to clarify Section 15 by adding the date he was hearing, January 15th. Since this was a Sunday, Coimcilman Cardman changed the date to effective January 16 at 12:01 A.M. Supervisor Desch asked, vtot rational would you have me use to execute this Certificate of Necessity? Town Attorney Barney replied, the fact that the Town Attorney goofed and didn't have this out fast enough. Councilman McPeak questioned, we are going to vote on this current amendment with a new effective date, is that right? Supervisor Desch replied, if you give me solid reason to execute the Certificate of Necessity. Councilman McPeak replied that he would be more confortable with viiat the gentleman had requested, wait two months because we may be spinning our v^eels. Councilman Cardman replied that he felt the reason the Supervisor should sign it because the Board has had it before then for several months and there is not svibstantial change that we are agreeing to in signing the agreement except the fact that unfortunately the Town Attorney was not able to get the document to the Board in the prescribed time period. Town Attorney Barney added, a more substantive reason is that by adopting it now you are giving appropriate notice to an entity. The other alternative would be to adopt the unamended version vtoch would become effective immediately. Councilman Cardman replied, we have a version, that we can adopt, that was before us in proper time. Mr. Flash remarked now we may be in a situation v^ere, as Mr. McPeak said, spinning our v^eels if we just have to come back. There is now no longer any incentive to ccrae back say the rates should be this. We are saying that if we come back with rates that aiie lower fine, we will present it to you. If the rates come back hi^er then we will have to come back and ask you again. Town Board Minutes 17 Deceniber 12, 1988 Councilman Cardman ronarked, we would presume that periodically that Mr. Clapp would be before the City and the Town requesting rate review and authorization for rate changes. Mr. Flash asked, vhy should it be on him if we are trying to keep open? Councilman Cardman replied, he is the proprietor of the business. Supervisor Desch asked if he heard a consensus that the Board would like him to execute the Certificate of Necessity? The Board, by straw vote, approved the Supervisor signing the Certificate of Necessity. LOCAL LAW NQ. 12 - 1988 Motion by Coxmcilwcanan Leary; seconded by Councilman Cardman, LOCAL LAW NO. 12 - 1988 A LOCAL LAW ESTABLISHING THE FARES CHARGED BY, AND OTEffiBWISE PECULATING TAXICABS OPERATING IN THE TOWN OF ITHACA SECTION 1: Applicability. This local law shall apply to all taxicabs operating #iolly or partially in the area of the Town of Ithaca outside of the Village of Cayuga Heights. SECTION 2: Definitions. Unless otherwise expressly stated, or the context otherwise requires, vdienever used in this local law, the following words shall have the following meaning: (a) "Street" shall include any highway, street, alley, avenue, court, bridge, lane or public highway or any other public way in the Town of Ithaca. (b) "Taxicab" shall include any vehicle engaged in the business of carrying persons for ccaipensation, v^ether the same be operated from a street stand, or subject to calls from a garage or radio station, or otherwise operated for compensation, except vdiicles subject to the provisions of the Transportation Law, or used by undertakers in carrying on their undertaking service. (c) "Taxicab driver" or "driver" shall mean any such person v^o drives taxicabs, \diether such person be the owner of such taxicab, or employed by a taxicab owner or operator. (d) "Operator" shall mean and include any person owning or having control of the use of one or more taxicabs used in the Town of Ithaca. (e) "Owner" of a vehicle described herein is the person in vhose name the New York State license is issued pursuant to the Vehicle and Traffic Law. (f) "Town" shall mean the Town of Ithaca excluding the Village of Cayuga Heights. SECTION 3. Rate Zones. THe Town is hereby divided into the following zones: Town Board Minutes 18 December 12, 1988 (a) Zone A - The area located in the Town bounded on the north by the Town of Ithaca - Town of Ulysses townline; on the west by the Town of Ithaca - Town of Enfield townline; on the south by the Town of Ithaca - Town of Newfield townline, and on the east New York State Route 13 and the western Town of Ithaca - City of Ithaca line and the centerline of Cayuga Lake. (b) Zone B - The area located in the Town bounded on the north by the southern Town of Ithaca - City of Ithaca line; on the west by New York State Route 13; on the south by the Town of Ithaca and Towns of Newfield and Danby townlines and on the east by the centerline of Six Mile Creek. (c) Zone C - The area located in the Town bounded on the north by the center line of New York State Route 366; on the west by the eastern Town of Ithaca - City of Ithaca line; and on the south by the center line of Six Mile Creek; and on the east the Town of Ithaca - Town of Dryden town line. (d) Zone D - The area located in the Town bounded on the north by the Town of Ithaca - Town and Village of Lansing line; on the west by the centerline of Cayuga Lake and the eastern Town of Ithaca - City of Ithaca line and on the south by the center line of New York State Route 366; and on the east by the Town of Ithaca - Town of Diryden townline, excluding any area located in the Village of Cayuga Heights. SECTION 4. Single Passenger Rates. (a) Trips originating and ending in the Town. Except as provided below in Sections 5 through 10, the maximum prices that may be charged by the owners, operators or drivers of taxicabs for the transportation of a single passenger v^ch transportation both commences and terminates in the Town shall be in accordance with the following chart: CcramenciBg in Zone Ending in Zone A B C D A $5.00 $8.00 $8.00 $8.00 B 8.00 5.00 8.00 8.00 C 8.00 8.00 5.00 6.00 D 8.00 8.00 6.00 5.00 (b) Special rule for zone boundaries. For the purposes of determing the rates to be charged pursuant to sxjbsection (a) above, any taxicab transportation ccnmencing or terminating on a property fronting on New York State Route 13 or on New York State Route 366 shall be deemed to have ccmmenced or terminated as the case may be, in the zone vMch would require the lesser fare. (c) Trips originating in the Town and terminating in City or Villages. Except as provided below in Sections 5 through 10, the maximum prices that may be charged by the owners, operators, or drivers of taxicabs for the transportation of a single passenger, vdiich transportation ccramences in the Town and terminates in one of the municipalities set forth below, unless a higher maximum is specifically authorized pursuant to legislation of the Coimty of Tonpkins or other appropriate regxilating governmental entity, shall be as follows: Town Board Minutes 19 December 12, 1988 ( i) For trips terminating in the City of Ithaca, an amount equal to (A) the maximum rates authorized by the City of Ithaca Taxicab Ordinance for travel from the point in the City at viiich the trip would normally enter the City to the destination in the City; plus (B) fifty cents; plus (C) one dollar for each mile (or major fraction thereof) after the first half mile reasonably traveled in the Town with the passenger in the cab from the point of trip ccmmencement to the point where the trip enters the City. (e.g., if the trip originated at the comer of Troy Road and Coddington Road and terminated at the comer of Grandview Drive and Hudson Street, the maximum fare would be $4.00, ($2.50 within the City, $.50 for the first half mile in the Town, and $1.00 for the additional major fraction of a mile). In no event shall the maximum fare exceed five dollars.) ( ii) For trips terminating in the Village of Cayuga Heights, an amount equal to the maximum amount permitted by the table in subparagraph (a) above, reading the table as if all of the Village of Cayuga Heights was a part of Zone D (e.g., if the trip originated at the comer of Ellis Hollcw Road on Judd Falls Road and terminated at the comer of Hanshaw Road and Upland Road the maximum fare would be $6.00.) (iii) For trips terminating in the Village of Lansing, an amount equal to (A) the maximum amount permitted by the table in subparagraph (a) above, reading the table as if all of the Village of Lansing was a part of Zone D; plus (B) one dollar. (e.g., if the trip originated at the comer of Warren Road and Hanshaw Road and terminated at the airport passenger terminal, the maximum fare would be $6.00 (Zone D interzone fare of $5.00 plus $1.00) ). (d) Trips originating in City or Villages and terminating in the Town. Except as provided below in Sections 5 through 10, the maximum prices that may be charged by the owners, operators, or drivers of taxicabs for the transpor1:ation of a single passenger \toch transportation commences in the City of Ithaca, Village of Cayuga Heights, or Village of Lansing, and vMch transportation is intended to terminate, and in fact does terminate, at a point in the Town, shall be determined in the same manner as set forth in subparagraph (c) for trips originating in the Town and terminating in one of said municipalities (e.g., if the trip originated at the comer of Grandview Drive and Hudson Street in the City of Ithaca Town Boaird Minutes 20 December 12, 1988 and terminated at the comer of Troy Road and Coddington Road in the Town, the maxirttum fare would be $4.00). SECTION 5. Multiple Passenger Rates. (a) No taxicab driver shall carry in the Town any person other than the passenger first engaging the taxicab without the consent of such passenger. Before requesting the consent of such passenger, the taxicab driver shall clearly explain to such passenger the effect of such consent on the fare to be charged. (b) Except as provided in Section 7 below, in addition to the rate charged for single passengers as set forth in Section 4, above, the driver of a taxicab may charge fifty cents per each additional passenger carried per trip. SECTION 6. Off-hour Rates. Except as provided in Section 7 below, the driver of a taxicab may charge an additional fifty center per passenger for each trip cotinencing or terminating between the hours of 1:00 A.M. and 5:00 A.M. SECTION 7. Child Rates. One child five (5) years of age or under shall ride free if acccmpanied by an adult passenger. No driver shall be required to convey any child under the age of five (5) years except vhen acccnpanied by an adult. SECTION 8. Baggage Rates. (a) Each passenger shall be allowed to transport at no charge two (2) suitcases, each of \diich is no larger than two (2) feet by two (2) feet by six (6) inches in size, and one (1) travel bag. A charge of One ($1.00) dollar for each oversized or additional piece of luggage under twenty-five (25) pounds shall be authorized. A charge of five ($5.00) dollars for footlodcers, or luggage over twenty-five (25) pounds shall be authorized. (b) Each passenger shall be allowed to carry up to five (5) grocery bags at no charge. A charge of fifty (50) cents for each additional grocery bag shall be authorized. (c) A charge of two dollars and fifty cents ($2.50) per pair of skis is authorized, provided the taxicab is equipped with suitable racks. SECTION 9. Waiting Time Rates. After a passenger has engaged a taxicab, the taxicab driver may charge the passenger for any time during vdiich the taxicab waits for the passenger at the passenger's request. The taxicab driver shall inform the passenger of the charge for waiting time at the time of request. SECTIC^J 10. Discounted Rates. Without limiting other circumstances, the owner, operator or driver of a taxicab may charge a fare less than that provided for in this local law in the following situations: (a) for passengers vdio are senior citizens or handicapped; (b) for trips reserved a minimum of 24 hours in advance; or (c) for taxicabs engaged on an hourly rate. Tcwn Board Minutes 21 Decotiber 12, 1988 SECTION 11. General Provisions. (a) Tip solicitation. No driver shall solicit tips, gratuities, or any additional charges other than those authorized by this local law. However, non-solicited voluntary tipping is permitted. (b) Out-of-town flat rates. If the taxicab is engaged for a trip vMch either originates or terminates in the Town but does not terminate or originate elsev^ere in the Town, City of Ithaca or Villages of Cayuga Heights or Lansing, the taxicab driver shall agree with the passenger prior to the ccranencement of the trip for the rate to be charged, vMch shall include all tolls required to be paid. (c) Prepayment. A taxicab driver shall have the right to demand payment of the legal fare in advance, and may refuse enployment unless so prepaid. (d) Non-discrimination. A taxicab driver may not refuse or neglect to convey any orderly person upon request imless previously engaged or unable or forbidden by this provision of this local law. SECTION 12. Availability of Rate Law. (a) Every taxicab owner, operator or driver shall at all times have available in any taxicab owned, operated or driven by such individual in the Town, a copy of this local law and shall make such copy available to any passenger upon request. (b) Every taxicab owner, operator or driver shall at all times have conspicuously posted in full view of passengers in any taxicab owned, operated or driven by such individual in the Town the following: ( i) a rate card displaying the grid showing the rates by zone set forth in Section 4(a) of this ordinance; and (ii) a notice stating: The rate schedules for fares in the Town of Ithaca, together with full text of the Town of Ithaca's rate law are available for review upon request from the driver of this taxicab, according to Town ordinance. SECTION 13. Penalties. Failure to ccnply with any provisions of this local law shall be deemed a violation and the violator shall be liable for a fine up to two hundred fifty ($250.00) in the case of an individiial, and five hundred ($500.00) dollars in the case of a corporation, or inprisonment not to exceed fifteen (15) days, or both. In the case of a failure to post any applicable notice or have available this local law each day such violation continues shall constitute a separate violation. SECTION 14. Partial invalidity. If any section of this local law shall be held unconstitutional, invalid or ineffective, in vrftiole or in part, such determination shall not be deemed to affect, inpair or invalidate the remainder thereof. SECTIC^J 15. Effective date. This local law shall take effect at 12:01 A.M., January 16, 1989. Town Board Minutes 22 December 12, 1988 Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Nay Councilman Cardman Voting Aye Councilman Klein Voting Aye Councilwoman Leaary Voting Aye Councilman McPeak Voting Nay Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 12 - 1988 was thereupon declared duly adopted. AMEND 1988 BUDGET TO AUTHORIZE PAXMEM* TO COUNTY TO REDUCE TAX RESOLUTION NO. 345 Motion by Supervisor Desch; seconded by Councilwoman Raffensperger, RESOLVED, that the TOwn Board of the Town of Ithaca hereby authorize the paynnent of $150,000 to the Coianty of Tcnpkins to reduce the 1989 Town Taxes in the Town, outside of the Village of Cayuga Heights. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE REZGNING A PORTION OF LAND OF GEORGE W. AND MARY L. DENGLER PREMISES VTOOLF lANE FROM RESIDENCE DISTRICT R30 TO RESIDENCE DISTRICT R15 Proof of posting and publication of a notice of a public hearing to consider amending the Zoning Ordinance rezoning a portion of land of George W. and Mary L. Dengler premises on Woolf Lane fran Residence District R30 to Residence District R15 having been presented by the Town Clerk, the Supervisor opened the public hearing. George Dengler, the owner, remarked that the people vdio built the house on the property abutting his wish to obtain the property because they did not like the 1/3 acre that they have with the cluster housing. Mr. Dingier stated that he had, therefore, agreed to sell them a portion of his land to use for a backyard. Mr. Dengler stated that he was unable to take care of the land anymore. There being no other public comments, the Supervisor closed the public hearing. Councilwoman Raffenspeirger remarked that in order for the person vAio wishes to purchase this land to use it for a backyard, it was not necessary to rezone it from R30 to R15. She went on to say that her concern about the rezoning of this parcel comes from a discussion with a representative of people who presently live on Wbolf Lane. Those are houses that have been there for sometime that are built on larger than minimum lots and who are ve^ desirous and intend to keep the land that they own zoned R30 in oixier to provide a buffer between them and the cluster housing. She stated that she had had several conversations and they have e2«pressed their concerns about doing this. If the purpose of the purchase of the land is to provide additional land for a house already there is seemed to her there was no need to rezone it to R-15. Town Boaird Minutes 23 December 12, 1988 Mr. Dengler replied, their land is R-15. Councilwcman Raffensperger replied, but you do not need to rezone the additional land. Supervisor Desch added, you can own a piece of property that consists of several zoning districts. Town Attorney Barney remarked, the problem is is that the lot they are subdividing it into would not meet the R-30 requirements, the area that would be the backyard for McClure. It was smaller than an R-30 lot. Councilwcman Raffensperger replied, by five feet? Town Attorney Barney replied, it was 187 feet in width. Councilwcman Raffensperger replied that she was not at the Planning Board meeting but it was reported to her that a variance could be requested. Without the rezoning this assures that the land would not be further subdivided and another house built on it. Town Attorney Barney replied it's like a cart and horse situation, the Planning Board really doesn't have the authority to authorize a subdivision in a zone that lacks adequate size. He could go back and approach them on a subdivision conditional on the Board of Zoning i^peals granting a variance for a subsized lot. Town Planner Beeners added, part of the application for a variance would require the ejq^iration of all other alternatives including the possible rezoning of the parcel, she felt, \diich was v^y it was here. Councilman Klein remarked that once it was rezoned R-15, that is a legal parcel and could be sold and a house could be placed on it. Town Attorney Barney added, that is true of a variance also, unless the variance was e:>q)ressly conditioned on no structure occourring. Councilwcman Raffensperger remarked, the rezoning could have such a condition placed on it, couldn't it? S\:5)ervisor Desch replied that the thing that bothered him was the fact that is there was objection frcm Woolf Lane that the people had the opportunity to come to the hearing but chose not to do so. RESOLUTION NO. 346 Motion by Councilman McPeak; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby declare a negative declaration of environmental significance in the rezoning of the portion of land owned 1:^ George W. and Mary L. Dengler located on Woolf Lane. (Desch, McPeak, Bartholf, Leary, Cardman and Klein voting Aye. Nays - Raffensperger). LOCAL LAW NO. 13 - 1988 Motion by Supervisor Desch; seconded by Coimcilman McPeak, LOCAL LAW NO. 13 - 1988 Town Board Minutes 24 December 12, 1988 A LOCAL LAW TO AMEND THE ZONING OPDINftyiCE REZONING A PORTION OF LAND OF THE GEORGE W. AND MAKY L. DENGLER PREMISES ON WOOLF LANE FROM RESIDENCE DISTRICT R30 TO RESIDENCE DISTRICT R15 The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently amended, be further amended as follows: 1. The Zoning Map dated i^ril 11, 1988, as amended to date, is herety further amended by rezoning the lands described on Schedule A incorporated in this Local Law from Residence District R-30 to Residence District R-15. 2. Pursuant to Section 265 of the Town Law, this Local Law shall take effect ten days after its publication in the Ithaca Journal or upon its filing with the Secretary of State, v^ichever is later. SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tcnpkins, State of New York, bounded and described as follows: Beginning at a point in the southerly line of premises of George W. and Mary L. Dengler (Tax Parcel No. 23-1-14) v^ich point of beginning is located north 78 degrees 36 minutes west 306.2 feet along the southerly line of said Dengler premises and the northerly line of premises denominated "Woolf Lane (Ext) Future Public Road" on the map hereinafter referred to from the center line of DuBois Road; nmning thence north 78 degrees 36 minutes west along the north line of said future Vfoolf Lane 187.8 feet to an iron pipe; running thence north 0 degrees 11 minutes east 5.14 feet to another iron pipe vdiich is at the southeast comer of premises reputedly owned by McClure (see Deed Book 632, page 423); continuing in the same course 195.34 feet to an iron pipe in the northerly line of said Dengler premises and along a southerly line of premises reputedly owned by Sherwood; running thence south 78 degrees 46 minutes east 189.1 feet to an iron pipe, which iron pipe is 190.4 feet north 78 degrees 46 minutes east from the center line of DuBois Road; running thence south 0 degrees 35 minutes west and approximately 48 feet westerly from a line of brush and pines and in part through a garden area a total distance of 195.6 feet to the iron pipe at the point or place of beginning. It is the intention to rezone a parcel denominated "Parcel To Be Conveyed P/0 Deed Book 383, Pg. 464 0.83 Acres P/0 Tax Map Parcel 23-1-14" as shown on a map entitled "Survey M^ Portion of Lands of George W. and Mary L. Dengler Woolf Lane (Ext), Town of Ithaca, Torapkins County, New York" dated Septer±)er 12, 1988, made by T. G. Miller Associates, P.C. Engineers and Surveyors, a copy of \^ch map is filed in the Office of the Town Clerk of the Town of Ithaca. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Nay councilman McPeak Voting Aye Councilwoman Raffensperger Voting Nay Supervisor Desch Voting Aye Local Law No. 13 - 1988 was thereupon declared duly adopted. Town Board Minutes 25 December 12, 1988 PUBLIC HEARING TO CONSIDER A L(XAL LAW AMENDING THE TOWN OF ITHACA Z(MNG ORDINANCE IN RELATION TO SETBACK AND YAKD REQUIREMENTS IN VARIOUS ZOJES IN THE TOWN —— Proof of posting and publication of a notice of a public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance in relation to setback and yard requirements in various zones in the Town having been presented by the Town Clerk, the Supervisor opened the public hearing. Town Attorney Barney stated that the present Ordinance does not really define vdiat depth of a lot means and that has now surfaced with the lacovelli subdivision on South Hill as to v^iat we mean v^en we say a lot has to be "X" number of feet deep. There was considerable discussion at the Codes and Ordinance Committee and sane at the Planning Board also, suggest that the depth should basically mean that the lot must meet the depth requirement on at least one point of the lot but not necessarily across the entire frontage of the lot. The side yard langiaage, as it is presently, we have added an requirement that v^ere a rectangle made up of the minimum lot size in the zone, in R-15 you have to have 100' by ISO' generally, if you cannot fit a rectangle at least equal to that minimum 100' by 115' into the lot, but the lot otherwise meets the minimum square footage requirements, then certain side yard requirements and the rear yard requirements are increased. Karl Niklas, 1006 Danby Road stated that he thought the ^ckage of proposed legislation was very thoughtful and appropriate. He stated, however, that he was concerned about vAiat might be perceived as an anission. He felt that you could not preclude that a variance in a building height would never be given. There is really no provision in the law as it is proposed now as to vdiat the ratio of the side yaird would be to the height of building to v^ch a variance in height was granted. The language otherwise in this has been cleaned remarkably well and he really didn't have any negative ccmments except to point out that there are two forms of sin, the sin of conmission and the other is the sin of anission and that he was concerned that the anission of making a ratio of the height of the building for \^ch a variance has been granted could produce sane serious problems in the future. As no one else present wish to speak, the Si:^rvisor closed the public hearing. Councilwonan Raffensperger remarked, the reason the cannittee changed it, as she recalled, is that they were concerned that there be not really a kind of implicit permission to have buildings hi^er than 30'. In other words, we wanted a Zoning Ordinance that does not have sections that say you may not do this but if you do this is \diat needs to be obtained. We could make the recatinendation to than that the Zoning Ordinance be changed to incorporate a standard incorporated into the Zoning Ordinance which the ZBA addresses v^en giving variances, introduce this as a standard for them to follow. Town Attorney Barney replied, also it will give sane thought to v^ether the Board wants a rigid requirement and the variance by its very nature is a kind of a safety valve for the rigidity of laws. There may be sane circumstances \f^ere this would be appropriate, there may be sane circumstances vdiere you want a greater side yard. PURT.TC HEAEUn^G TO CONSIDER A LOCAL LAW AMENDING TEffi TCWN OF ITHACA ZONING ORDINANCE TO CLARIFY AND AMEM) HEIGHT LIMITATIONS RELATED "TO BUILDINGS AND STRUCTURES IN THE TC^^ Town Board Minutes 26 December 12, 1988 Proof of posting and publication of a notice of a public hearing to consider a Local Law amending the Town of Ithaca Zoning Ordinance to clari^ and amend height limitations related to buildings and structT^es in the Town having been presented by the Town Clerk, the Sii^jervisor opened the public hearing. Karl Niklas remarked that he thought this was a very happy catqprcmise between seme of his neighbors concerns and obviously some of the Board's concerns. Mr. Niklas went on to say that he would like to know vAiat "other protruberances" were, are you talking about steeples or clock towers or telescope projections. Town Attorney Barney replied, it's taken in the context of chimneys and antenna, we are excluding chimneys and antenna and other protruberances vMch has to be taken in the language of that kind of thing. What could it include, he supposed you could have a vent pipe for exairple. It could not include the roof because we are talking about the highest point of the roof as being the measuring point. As no one else present wished to speak, the Supervisor closed the public hearing. RESOLUTICaj NO. 347 Motion by Councilwcman Raffensperger; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby declare a negative declaration of environmental significance on all of the proposed changes to the Zoning Ordinance. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). LOCAL LAW NO. 14 - 1988 Motion by Councilman McPeak; seconded 1:^ Councilman Bartholf, LOCAL LAW NO. 14 - 1988 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE PROHIBITING CONSTRUCTION OF MORE THAN ONE PRINCIPAL BUILDING ON ANY LOT IN ANY RESIDENTIAL DISTRICT The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows; 1. Article XIII, Section 68, is amended to read as follows: "SECTION 68. More than one building on a lot. Other than in a multiple residence district, there shall not be more than one principal building on any lot in any residential district. When there is more than one principal building on a lot in any non—residential district or in a multiple residence district, the space between such buildings must be at least equal to the sum of the side yards required by such buildings or the sxim of the rear and the front yards as the case may be." 2. In the event that any portion of this law is declared invalid by a court of cotpetent jurisdiction, the validity of the ronaining portions shall not be affected by such declaration of invalidity. Tcwn Board Minutes 27 Deceniber 12, 1988 3. This law shall take effect ten days after its publication, pursuant to applicable provisions of law. Supervisor Desch called for a roll call vote Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilman Klein Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 14 - 1988 was thereupon declared duly adopted. LOCAL LAW NO. 15 - 1988 Motion by Councilman Cardman; seconded by Councilwcman Raffensperger, LOCAL LAW NO. 15 - 1988 A LOCAL LAW AMENDING THE T(MJ OF ITHACA ZONING ORDINANCE TO PROVIDE FOR AN AUTOMATIC TERMINATION OF VARIANCES AND SPECIAL APPROVALS IF NOT USED The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, be further amended as follows: 1. Article XIV, Section 77, is amended by adding a new subdivision 9 to read as follows; "9. Unless work has ccaranenced in accordance with the variance or special approval given by the Board of Appeals within one year frcan the issuance of the building permit authorizing sudi work, or within eighteen months of the granting of such variance or special approval, vdiichever is earlier, not only the building permit but the variance or special approval shall ejqjire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such special approval or variance." 2. In the event any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 3. This law shall take effect 10 days after its publication pursuant to applicable provisions of law. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Cardman Votmg Aye Councilman Klein Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye Town Board Minutes 28 Deceniber 12, 1988 local Law No. 15 - 1988 was thereupon declared duly adopted. LOCAL LAW NO. 16 - 1988 Motion by Councilman Klein; seconded by Councilman Bartholf, A LOCAL LAW AMHSDING THE TCWN OF ITHACA ZONING ORDINANCE TO CLARIFY THE NUMBER OF DWELLINGS TKAT CAN BE LOCATED LOTS IN RESIDENTIAL ZONES The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, be further amended as follows; 1. Article III, Section 4, Subdivision 1, is amended to read as follows: "1. A One Family Dwelling. A one-family dwelling may be occupied by not more than (a) an individual, or (b) a family, or (c) a family plus up to two boarders, rocmers, lodgers or other occupants, or (d) three individuals, boarders, rocmers, lodgers, or other occupants." 2. Article IV, Section 11, Subdivision 1, is amended to read as follows: "1. A One Family Dwelling. A one-family dwelling may be occupied by not mo3:e than (a) an individual, or (b) a family, or (c) a family plus up to two boarders, rocmers, lodgers or other occupants, or (d) three individuals, boarders, rocmers, lodgers, or other occupants." 3. Article V, Section 18, Subdivision 1, is amended to read as follows: "1. A One Family Dwelling. A one-family dwelling may be occupied by not more than (a) an individual, or (b) a family, or (c) a family plus up to two boarders, rocmers, lodgers or other occupants, or (d) three individuals, boarders, rocmers, lodgers, or other occupants." 4. In the event any portion of this law is declared invalid 1:^ a court of ccnpetent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Town Board Minutes 29 Deconber 12, 1988 5. This law shall take effect 10 days after its publication pursuant to applicable provisions of law. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilman Klein Voting Aye Councilwcman Leary Voting Aye Comcilman McPeak Voting Aye Coimcilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 16 - 1988 was thereupon declared duly adopted. LOCAL LAW ND. 17 - 1988 Motion by Coimcilman tfcPeak; seconded by Coimcilwcman Raff ensperger, LOCAL LAW NO. 17 - 1988 A LOCAL LAW AME^JDING THE TOWN OF ITHACA ZONING ORDINANCE AMENDING AND ENLARGING THE REQUIREMENTS FOR BUFFER AREAS AND LANDSCAPING, FENCING AND SCREENING IN VARIOUS ZOMES IN THE TOWN The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article VI, Section 29 is amended by renumbering subparagraph 5 of said section to subparagraph 7 and inserting two new subparagraphs, to be subparagraphs 5 and 6 reading as follows: "5. Buffer Areas. No structure shall be placed nearer than 30 feet from any other district including any other residence district, agricultural district, industrial district, or business district. A strip at least 10 feet wide, within such buffer area, shall be suitably planted to screen a multiple residence district fran present or future residences, or a suitable screening fence shall be erected." "6. Landscaping, Fencing and Screening. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth bem may be required to be provided in any area v^ere the proposed multiple residence development or accessory facilities would create a hazardous condition or would detract from the value of the neighboring property if such landscaping, fencing, screening or berm were not provided." 2. Article VII, Section 38, is amended by deleting subparagraphs 5 and 6 and inserting new subparagraphs 5 and 6 to read as follows: "5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any residence district and 30 feet from any other district. A strip at least 10 feet wide within such buffer area shall be suitably planted to screen a Business District from present or future residences, or a suitable screening fence shall be erected. No waste or refuse shall be placed outside any building in a Business District except under the following conditions: Tc3wn Board Minutes 30 December 12, 1988 An area ccninon to all businesses, or a separate area for each business shall be reserved at the rear of the structvure or structures, lliese areas shall contain bins, or other receptacles adequate to prevent the scattering of waste and refuse, and shall be planted or fenced so as to be screened from the public vi^. Such area and receptacles shall not be located in the buffer area set forth above. No refuse shall be burned on the premises." "6. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided in any area idiere the proposed structure or use would create a hazardous condition or would detract frcm the Vcilue of neighboring property if such landscaping, fencing, screening, or berm were not provided." 3. Article VIII, Section 45, is amended by deleting the existing subparagraphs 5 and 6 and inserting two new subparagraphs, to be subparagraphs 5 and 5 reading as follows; "5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any residence district or nearer than 30 feet from any other district. A strip at least 10 feet wide within such buffer area shall be planted or suitably fenced so as to screen the light industrial district from present or future residences." "6. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth berm may be required to be provided in any area v^iere the proposed structure or use would create a hazardous condition or would detract frcm the value of the neighboring property if such landscaping, fencing, screening, or berm were not provided." 4. Article X, Section 50, is amended by deleting subparagraphs 5 and 6 and inserting two new subparagraphs, to be subparagraphs 5 and 6 reading as follows: "5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any residence district or nearer than 30 feet frcm any other district. A strip at least 10 feet wide within such buffer area shall be planted or suitably fenced so as to screen the Industrial District frcm present and future residences." "6. In addition to the landscaping, screening, fencing and buffer requirements set forth above, additional landscaping, fencing, screening, or earth bem may be required to be provided in any area viiere the proposed structure or use would create a hazardous condition or would detract from the value of neighboring property if sucii landscaping, fencing, screening, or bem were not provided." 5. In the event any portion of this law is declared invalid by a court of corpetent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 6. This law shall take effect 10 days after its publication pursuant to applicable provisions of law. Supervisor Desch called for a roll call vote. Town Board Minutes 31 Decoriber 12, 1988 Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilman Klein Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Aye Councilwcman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 17 - 1988 was thereupon declared duly adopted. LOCAL LAW NO. 18 - 1988 Motion by Councilwcman Raffensperger; seconded by Councilman Cardman, LOCAL LAW NO. 18 - 1988 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE IN RELATIOSr TO SETBACK AND YARD REOJIREMENTS IN VARIOUS ZONES IN Tfffi TOWN The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Article I, Section 1, is hereby amended by adding a new subparagraph to be siabparagraph 4-a reading as follows: "4-a. The 'depth' of a lot shall mean the distance between a point on the street line and the rear of the lot measured perpendicularly from the street line. A lot need meet the minimum depth requirements set forth in this Ordinance at only one point and not uniformly throughout the lot's entire width." 2. Article III, Section 7, is amended by deleting the paragraph entitled "Side Yards" and adding the following two paragraphs in its place: "Side Yards - each not less than 10 feet in width, except that in one of the side yards a one story garage, either attached to the principal building or separate therefrcm, may be 7 feet from a side line vMch is not a street line. Notwithstanding the foregoing, if a rectangle 75 feet in width and 120 feet in depth cannot be contained within the boundaries of a lot, the minimum rear yard shall be increased to 50 feet in depth and the minimum side yards shall be increased on each side by 10 feet." 3. Article III, Section 9, is amended to read as follows: "SECTIC®^ 9. Size and Area of Lot. Lot sizes and areas in Residence District R9 shall meet the following minimum requirements: 1. Minimum lot area shall be at least 9,000 square feet; and 2. Minimum width at the street line shall be 60 feet; and 3. Minimum width at the maximum required front yard setback line (50 feet frcm the street line) shall be Town Board Minutes 32 December 12, 1988 75 feet; and 4, Miniraum depth shall be 120 feet," 4. Article IV, Section 14, is amended by deleting the p^agraph entitled "Side Yaa^ds" and inserting instead the following two paragraphs: "Side Yards - each not less than 15 feet in width, except that in one of the side yards a one-story garage, either attached to the principal building or separate therefrom, may be 10 feet from a side line v^ch is not a street line. Notwithstanding the foregoing, if a rectangle 100 feet in width and 150 feet in depth cannot be contained within the boundaries of a lot, the minimum rear yard shall be increased to 50 feet in depth and the minimum side yards shall be increased on each side by 10 feet." 5. Article IV, Section 16, is amended to read as follows: "SECTION 16. Size of Lot. Lots in Residence Districts R15 shall meet the following minimum requirements: 1. Minimum lot area shall be at least 15,000 square feet; and 2. Minimum width at the street line shall be 60 feet; and 3. Minimum width at the maximum front yard setback line (50 feet from the street line) shall be 100 feet; and 4. Minimum depth shall be 150 feet." 6. Article V, Section 21, is amended by deleting the paragraph entitled "Side Yards" and inserting instead the following two paragraphs: "Side Yards - each not less than 40 feet in width, except that in one of the side yaids a one-story garage, wither attached to the principal building or separate therefrom, may be 15 feet from a side line vdiich is not a street line. Notwithstanding the foregoing, if a rectangle 150 feet in width and 200 feet in depth cannot be contained within the boundaries of a lot, the minimum rear yard shall be increased to 75 feet in depth and the minimum side yards shall be increased on each side by 10 feet." 7. Article V, Section 23, is amended to read as follows: "SECTION 23. Size of Lot. Lots in Residence Districts R30 shall meet the following minimum requironents: 1. Minimum lot area shall be at least 30,000 square feet; and 2. Mininnum width at the street line shall be 100 feet; and 3. Mininnum width at the maximum required front yard setback line (60 feet from the street line) shall be 150 feet; and Town Board Minutes 33 Deconber 12, 1988 4. Miniinum depth from the highway right of way shall be 200 feet." 8. Article VI, Section 28, Subdivision 2 is amended to read as follows: "2. Yards and Courts. Front Yards - Not less than fifty feet. Side Yards - Not less than the height of the nearest structure, or fifteen feet, whichever is greater. Rear Yards - Not less than twice the height of the nearest structure or thirty feet, whichever is greater. Courts - Shall be ccnpletely open on one side, with a width not less than the height of the tallest opposite structure and a depth not more than one and one-half the width." 9. Article VI, Subdivision 3, Section 28 is hereby amended to read as follows: "3. Spaces Between Buildings: The distance between any two structures shall be no less than the height of the two buildings vdien averaged together, or twenty feet, v^ichever is greater." 10. Article XIII, Section 72, is amended by adding at the end thereof the following: "Where minimum lot sizes are specified in this Ordinance, the same shall be subject to the approval of the Tcaipkins County Health Department or any successor agency, and if such Department or successor requires larger lots to ccnply with the County Sanitary Code, the requirements of such Department or successor shall govern." 11. In the event that any portion of this law is declared invalid a court of conpetent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 12. This law shall take effect ten days after its publication pursuant to applicable provisions of law. Sipervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilman Klein Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Aye Councilwonan Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 18 - 1988 was thereupon declared duly adopted. RESOLUTION NO. 348 Motion by Councilwonan Raffensperger; seconded by Councilman McPeak, Town Board Minutes 34 December 12, 1988 RESOLVED, that the Town Board of the Town of Ithaca hereby requests that the deleted items, vhen a variance for height might be given, be referred back to the Codes and Ordinance Caraiittee for their further consideration. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). LOCAL LAW NO. 19 - 1988 Motion by Si:5)ervisor Desch; seconded by Councilman McPeak, LOCAL LAW NO. 19 - 1988 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO CLARIFY AND AMEND HEKST LIMITATIONS RELATED TO BUILDINGS AND STRDCTURES IN THE TOWN The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Arldcle I, Section 1, is hereby amended by adding three new subdivisions, to be siabdivisions 4-b, 4-c and 4-d reading as follows: "4-b. 'Height from lowest interior grade', as it relates to a building means the vertical distance measured from the surface of the lowest level (floor of a crawl space, basement floor, slab, or other floor, even if below exterior grade level) in contact with the ground surface to the highest point of the roof, excluding chimneys, antennae and other similar protruberances. 4-c. 'Height from lowest exterior grade' as it relates to a building means the vertical distance frcm the lowest point of the exterior finished grade adjacent to the wall of the building to the highest point of the roof, excluding chimneys, antennae and other similar protruberances. 4-d. 'Height' as it relates to a structure other than a building means the distance measured frcm the lowest level or portion of the structure (slab or base) in contact with the ground surface to the highest point at the top of the structure." 2. Article I, Section 1, is hereby amended by adding a new subdivision, to be subdivision 5-a reading as follows: "5-a. A 'building' is a structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property." 3. Article I, Section 1, sijbdivision 28 is amended to read as follows: "28. A 'structure' is anything that is constructed or erected on the ground or upon another structmre or building. 'Structure' also includes anything that is constructed or erected underground and projects up to the ground surface or above, or anything that is constructed or erected vdiolly underground other than utility lines, septic and water systons, or other similar types of underground construction vholly ancillary to a principal building or structure on the premises. 'Structure' also includes constructed parking Town Board Minutes 35 December 12, 1988 spaces. The term 'structure* includes a building." 4. Article III, Section 4, Subdivision 17 of said Ordinance is hereby amended to read as follows; "17. In Residence Districts R9, no building shall be erected, altered, or extended to exceed thirty-four feet in hei^t from the lowest interior grade or thirty feet in height from the lowest exterior grade, vdiichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height." 5. Article IV, Section 11, Subdivision 10, is hereby amended to read as follows: "10. In Residence Districts R15, no building shall be erected, altered, or extended to exceed thirty-four feet in height frcm the lowest interior grade or thirty feet in height frcm the lowest exterior grade, v^ichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height." 6. Article V, Section 18, Siabdivision 16, is hereby amended to read as follows: "18. In Residence Districts R30, no building shall be erected, altered, or extended to exceed thirty-four feet in height frcm the lowest interior grade or thirty-feet in height frcm the lowest exterior grade, vdiichever is lower. No structure other than a building shall be erected, altered, or extended to exceed thirty (30) feet in height." 7. Article VI, Section 28, Subdivision 5, is hereby amended to read as follows: "5. Height: All structures shall conform in hei^t with other structures in the vicinity, provided, however, that no building shall exceed thirty-four feet in height from lowest interior grade nor thirty feet in height frcm lowest exterior grade and further provided that no structure other than a building shall exceed thirty (30) feet in height." 8. Article VII, Section 37, Subdivision 3, is hereby amended to read as follows: "3. Height: All structures shall conform in height with other structures in the vicinity, provided, however, that no building shall exceed thirty-four feet in height frcm lowest interior grade nor thirty feet in height frcm lowest exterior grade and further provided that no structure other than a building shall exceed thirty (30) feet in height." 9. Article VIII, Section 44, Subdivision 4, is hereby amended to read as follows: "4. Height: No structure other than a building shall exceed twenty-five (25) feet in height, and no building shall exceed twenty-nine (29) feet in height faxm the lowest interior grade nor twenty-five (25) feet in height frcm lowest exterior grade, vdiichever is lower." 10. Article X, Section 50 of said Ordinance is hereby amended by adding a new Subdivision 7 reading as follows: "7. Height: No building shall exceed thirty-four (34) feet Town Board Minutes 36 December 12, 1988 in height from lowest interior grade nor thirty (30) feet in height from lowest exterior grade, and no other structure shall exceed thirty (30) feet in height, except by Special J^proval from the Board of Zoning i^^peals after the matter has been referred to the Planning Board for recommendation." 11. Article XI, Section 51, Subdivision 3 is hereby amended to read as follows: "3. In agricultural districts, no non-agricultural building shall exceed thirty-four (34) feet in height from lowest interior grade nor thirty (30) feet in hei^t from lowest exterior grade and no other non-agricultural structure shall be erected or extended to exceed thirty (30) feet in height". 12. Article XIV, Section 75 is amended to read as follows: "SECTION 75. Permit to Build. No principal building or accessory building, nor any other structure, including but not limited to tanks, power and pump stations, swimming pools, and signs (except as permitted by the Town of Ithaca Sign Law), in any district, except (i) an accessory building in an agricultural district, or (ii) parking spaces in R5, R9, R15, R30, and agricultural districts, shall be begun or enlarged without a "Permit to Build" issued by the person designated by the Town Board. This waiver of the Building Permit requironent in agricultural districts and for parking spaces shall in no case relieve the property owner from ccstpliance with other provisions of this ordinance. No such permit shall be issued, except pursuant to written order of the Board of ^^^als, v^ere the proposed construction, alteration or use would be in violation of any provision of this ordinance." 13. In the event that any portion of this law is declared invalid by a coxirt of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 14. This law shall take effect ten days after its publication pursuant to applicable provisions of law. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Aye Councilman Cardman Voting Aye Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No. 19 - 1988 was thereupon declared duly adopted. RFP m LAND SURVEYING NEEDS Supervisor Desch remarked that there was one possible change there and the reasons that the traffic light at the intersection of Pine Tree Road and Slaterville Road was lost v^en the State did the widening project and NYSEG was unable to acquire a right-of-way from vtot was then the new owner but the property has changed hands again and they are going to proceed to get the right-of-^way so presumably we won't have to do anything unless we have to condemn the land later. Town Boaiid Minutes 37 Deceniber 12, 1988 Councilwcanan Raffensperger asked vAiat the estimated cost of this would be? Town Engineer Flumerfelt replied that he did not have a figure, "RE; Request for Proposal - Property Suirvey Services Dear The Town of Ithaca is participating in the construction of a variety of iraprovoments in the Town of Ithaca. In conjunction with this, there is a need to perform property survey work to assure the proper transfer of title of certain lands to the Town of Ithaca. DESCRIPTION OF PROJECTS Grandview Park The Town is acquiring title to a plot of land on Slaterville Road for a park. The land is made available the developer, Mr. Ivar Jonson. The Town needs to acquire a permanent easenent through the lands of the Lutheran Chvirch. A sketch map of the easement is attached. Park Lane By agreement between the developer, owner of private property (Mr. and Mrs. Quick), and the Town, a 60 foot right-of-way for a road is being acquired by the Town. A survey is necessary to acconplish dedication of the road to the Town. Pine Tree Road/Slaterville Road A permanent easement is necessary for the Town to authorize NYSEG to install a street light at the intersection. Location is to be determined jointly by Town/State and NYSEG. Stake out of the street light location will be provided to the surveyor. Bums Road The City and Town by agreement are surveying lands to enable the Town to relocate the east end of Bums Road. A survey is needed for both the land being transferred to the City (old road alignment) and land transferred from the City to the Town. Field survey will be required to establish location of the old and new roads. The contact person for these services will be Town Engineer Robert Flumerfelt. The statement of professional services should state the hourly rate including overhead and the estimated number of hours each task will take." BESOUJFKM NO. 349 Motion by Councilman McPeak; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby appmve the "Request for Proposal - Property Survey Services". (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). Town Board Minutes 38 Deceniber 12, 1988 APPOIMMEISIT TO COMPREHENSIVE PLANNING CCMHTTEE Supervisor Desch reniarked that in his discussion with Councilman Klein, he indicated that he would be more than happy to join the ccinnittee. RESOLUTION NO, 350 Motion by Supervisor Desch; seconded by Coimcilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereto approve the appointment of David Klein to the Comprehensive Planning Ccnimittee. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE SPRINKLER SYSTEM LOCAL lAW FOR THE TCWN OF ITEIACA DELETING THE REQUIB3SMENT OF SPRINKLERS IN OSE AND TWD FAMILY ATTACHED HOMES Proof of posting and publication of a notice of a public hearing to consider a local law amending the Sprinkler System Local Law for the Town of Ithaca deleting the requirement of sprinklers in one and two family attached homes having been presented by the Town Clerk, the Supervisor opened the public hearing. Edward Hallberg, developer stated that he would like to fill in the Board members v^o were not here at the last meeting. Mr. Hallberg went on to say that basically idiat they were asking was that the Sprinkler Law as written vdiich has been waived in terms of single family and two family detached houses and they v^re asking the Board to consider waiving attached single family houses for the following reasons. According to the Building Code, and he would use Deerrun as an example. The reason being is that the units they are building according to the Building Code, as interpreted by the Zoning Officer, are deoned to be governed under single family home status. The reason being is that they build a fire wall that goes from the floor of the basement to the peak of the roof and flares out all side walls and all roofs to create about three feet of fire separation between units. The Town encourages cluster siabdivisions and we did that at Deerrun in order to keep the housing affordable the best we could and this is one of the ways to do it. Adding a sprinkler syston to the fire wall system we would be catching i:^ with single family homes, in price, if not passing them. We would like to have you look at than as single family hones as defined by the Building Code. As no others present wished to speak, the Supervisor closed the public hearing. Supervisor Desch stated that he did not know if his stated objections to this was still fresh in the Boards mind or not but attached housing in particular as you look at this summary of the projects that are in one phase or another in the Town you have a lot of opportunities for rental situations. We all, he felt, saw the fire flash over problems in the movie with respect to housekeeping. He stated that it really concerned him very much that the Town had no ability to control housekeeping situations, not only in this type of rental units but in any and that was one of the driving forces in even detached single and two family homes. He stated that he was still opposed to deleting the requirement for sprinklers in this type of a situation v^iere you have a wide variety of construction details. Black Oak Lane has an entirely Town Board Minutes 41 December 12, 1988 Highway Superintendent Ozolins stated that basically what he was looking for was one of three vehicles either a Jeep, a Blazer or a Bronco. Supervisor Desch rotiarked that if the Board was comfortable in approving this it was fine but it was a 1989 budget item and he would like to hold off on the purchase because of the testing costs of the polluted well may be about $12,000. We are not sure this is the Town of Ithaca's responsibility but we should look carefully at our purchases until that is sorted out. RESOLUTION NO. 351 Motion by Councilman Cardman; seconded Toy Coiancilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the specifications, as written, for a new 4x4 utility vehicle for the Highway Superintendent and authorize bidding on same, and FURTHER BE IT RESOLVED, that the award of the bid be sxabject to the availability of funds. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). WATER REFUNDS RESOLUTION NO. 352 Motion by Councilwcman Raffensperger; seconded by Councilman Ba2±holf, (1) WHEREAS, the customer at 107 Joanne Drive paid their September bill twice, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $12.62 for water, $1.26 water surcharge, $18.50 for sewer, $.88 for sewer surcharge and $1.48 for penalty, total refund of $34.74 be paid to Marjorie Devine, P.O. Box 145, Brooktondale, New York. 14817. Account Number S-1118. (2) WHEREAS, there was a meter reading error made by the customer at 612 Winston Court - #6, NOW THEREFORE BE IT RESOLVED, that the Town Board of the TOwn of Ithaca hereby authorize a refund of $105.68 for water, $10.57 water surcharge, $64.73 sewer and $7.39 sewer surcharge, total refund of $188.37 be made to Rocco Lucente, 103 Salem Drive, Ithaca. Accomt Number U-3194. (3) WHEREAS, there was a meter reading error made hy the customer at 491 Five Mile Drive, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $317.91 for water, $31.79 water surcharge, $183.39 sewer and $22.25 sewer surcharge, total refund of $555.34 be made to Larry Hull, P.O. Box 14, Ithaca. Account Number B-168. Town Board Minutes 42 December 12, 1988 (4) WHEREAS, the seller of the property at 210 Eastern Heights Drive paid the final bill twice, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes a refund of $23.23 for water, $2.32 water surcharge, $34.67 sewer, $1.62 sewer surcharge and $8.59 penalty, total reitod of $70.43 be paid to William Brown, Jr., 1121 West 24th, Little Rock, Arkansas. 77206. Account Number S-1147. (5) WHEREAS, the property owner at 27 Whitetail Drive paid the water bill twice, NOW TEJEREPORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes a refund of $41.04 for water, $4.10 water surcharge, $18.54 sewer, $2.88 sewer surcharge and $3.33 penalty, total refimd of $69.89 be paid to Edward Hallberg Associates, P.O. Box 701, Skaneateles, New York. 13152. Account Number F-3771. (6) WHEREAS, the property owner at 21 Whitetail Drive paid the water bill twice, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Tbwn of Ithaca hereby authorize a refund of $60.30 for water, $6.02 water surcharge, $.10 sewer, $4.23 sewer surcharge and $6.30 penalty, total refund of $76.95 be paid to Edward Hallberg Associates, P.O. Box 701, Skaneateles, New York. 13152. Account Nimiber F-3768. (7) WHEREAS, the property owner at 43 Whitetail Drive paid the water bill twice, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $20.52 for water, $2.05 water surcharge, $9.27 sewer and $1.44 sewer surcharge, total refund of $33.28 be paid to Edward Hallberg Associates, P.O. Box 701, Skaneateles, New York. 13152. Account Nimber V-3935. (8) WHEREAS, the property owner at 16 Whitetail Drive paid the water bill twice, NOW THEREFORE BE IT RESOLVED, that the Town Board of the TOwn of Ithaca hereby authorize a refund of $59.67 for water, $5.96 water surchajrge, $27.81 sewer, $4.18 sewer surcharge and $3.04 penalty, total refund of $100.66 be paid to Edward Hallberg Associates, P.O. Box 701, Skaneateles, New York. 13152. Account Number V-3913. (9) WHEREAS, the property owner at 32 Whitetail Drive paid the water bill twice, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $13.68 for water, $1.37 water surcharge, $6.28 sewer, $.96 sewer surcharge and $6.06 penalty, total refund of $28.35 be paid to Edward Hallberg Associates, P.O. Box 701, Skaneateles, New York. 13152. Account Number V-3971. Town Board Minutes 43 December 12, 1988 (10) WHEREAS, the property owner at 12 Whitetail Drive paid the water bill twice, NOW TfiEREPORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $66.51 for water, $6.64 water surcharge, $9.06 sewer, $4.66 sewer surcharge and $4.59 penalty, total refund of $91.46 be paid to Edward Hallberg Associates, P.O. Box 701, Skaneateles, New York. 13152. Account Nurtiber V-3912. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). EASimfrS FOR SOUTH HILL TRAIL Councilwcman Raffensperger asked for saneone to explain to her vtot is included in the conditions of award. She stated that she knew the primary reason was the easements. She asked if there were any problem areas in there, in any of the conditions? Town Planner Susan Beeners replied, she did not think so. The procedure will be to obtain the easements, there is the SEQR process and we have determined that the Town Board would be the lead agency. Supervisor Desch added, there is a tight time frame. Town Planner Beeners added, since NYSEG is one of principal agencies from v^om we would be obtaining easements for the use of the relative right-of-way is an especially critical as far as time goes v^ere we may have to request of the State that a more of a preliminary easement agreed to be submitted within the 60 day time period rather than fully executed easements. RESOLUTION NO. 353 Motion by Councilman Cardman; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca authorize and her^y does authorize the Town Supervisor, Town Engineer, Town Planner and Town Attorney to execute the conditions of award, as required, for development of the proposed South Hill Trail route between Renzetti Place and Bums Road. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). AUTHORIZE ATTENDANCE AT CORNELL COOPERATIVE EXTENSION TURFGRASS SHORT COURSE RESOLUTION NO. 354 Motion by Councilman Cardman; seconded by Councilwanan Raffensperger, RESOLVED, by the Town Board of the Town of Ithaca that Richard H. Schoch and Donald Ten Kate are authorized to attend a two week Cornell Cooperative Extension Turfgrass short course to be held at Cornell University, January 9-13 and 16-20, 1989, at a budget not to exceed $780. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). Town Board Minutes 44 December 12, 1988 CHANGE OF GRADE FROM LABORER TO MOTORIZED EQUIHyENT OPERATOR FOR HIOIWAY EM>3jOYEE RESOLUTION ND. 355 Motion by Supervisor Desch; seconded by Councilman McPeak, WEiEREAS, Larry Salmi cm November 4, 1988 met the requirements to be promoted to Motorized Equipment Operator, and WHEREAS, the Highway Superintendent has approved the promotion, NOW THEREFORE BE IT RESOLVED, that the Tcjwn Board of the Town of Ithacm hereby authorize the promotion of Larry Salmi to the position of Motorized Ecjuipment Operator at the hourly rate of $9.00 effective January 1, 1989. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). FLOATING HOLIDAY RESOLUTION NO. 356 MDtion by Councilman Mci^eak; seconded by Coxmcilwcsnan Leary, WHEREAS, a floating holiday is included as part of the Town of Ithaca holiday schedule, and WHEREAS, a poll was taken of all Town employees recjuesting that they indicate vdien they would like to take the floating holiday in 1989 and the majority of employees specified Monday, July 3, 1989 as their preference, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves July 3, 1989 as the Tcjwn's floating holiday for 1989. (Desch, MCPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). AUTHORIZE PHASE II OF THE I/I STUDY RESOLUTION NO. 357 Motion by Sup>ervisor Desch; secx>nded by Councilwcman Raffensperger, WEffiREAS, as a result of the Phase I study of infiltraticm/inflow in the sanitary sewers of the Northeast pmrtion of the Town of Ithaca by Pickard & Anderson Engineers, it was determined that excessive infiltration does exist within the study area, and WHEREAS, to determine the scope of television inspection of sewers within the study area, vhich will ultimately indicate v^ch sewers recjuire repairs, a second phase of study is necessary to investigate flows in subareas during wet weather conditions, for which a proposal has been received from Pickard & Anderson Engineers with cost of work estimated to range from $1,800 to $2,000, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca accepts the pioposal of Pickard & Anderson Engineers in the estimated amount of $1,800 to $2,000 for Phase II of the study. Town Board Minutes 45 December 12, 1988 with the Town to be billed for actual costs incurred, not to exceed $2,000. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). WORKER'S COMPENSATIOSr INSURANCE COVERAGE FOR ELECTED AND APPOINTED TOWN OFFICIALS Supervisor Desch stated that a couple of wedcs ago we had an audit of our Worker's Corpensation classification and in sitting down with him he indicated that it' s not required that Worker' s Ccnpensation cover elected or appointed officials but in checking with him on the cost it was only $38.00. The Planning Board goes out in the field and looks at sites, we do on occasion as well as the ZBA. Town Attorney Barney remarked, you understand vdiat that does don't you. It's really not that great of a benefit for the person who is injured, because the if you break an am it "X" number of dollars under Worker's Conpensation schedule as opposed to vAiat it might be if some synpathetic jury got a hold of the pain and suffering involved. By being subject to Worker's Ccnpensation you surrender that right to sue the enployer for damages. Sipervisor Desch ronarked, you will have to fill out an accident report if you slipped and fell ccming into the building. He asked the Board how they felt. RESOLUTION NO. 358 Motion by Councilman McPeak; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the Worker's Cotpensation coverage for elected and appointed officials of the Town of Ithaca. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). REPLACEMENT OF GE^ALL ENGINE Town Highway Superintendent Ozolins stated that he wanted to replace the front engine for the Gradall, not the back engine v^ch runs the bucket. He stated that he had received an estinnate of $8,500 from Crispell's for the engine, installation and miscellaneous items. He went on to say that the problCTi with the engine that is in there right now, we have taken it to Crispell's a couple of times to find out this, that or #iat not. It has never run right since day one, we can't identiify #iats wrong and right now we can't drive it very far. The last time we used it up on King Road and ccming half way down Sandbank Road it died. Coimcilman Bartholf asked the Highway Superintendent if he had checked with Caskey's Garage? Highway Superintendent Ozolins replied no, he had not checked with them. Councilman Bartholf reccmmended that the Highway Superintendent check with Caskey's Garage before taking the Gradall to Crispell's Garage. Town Board Minutes 46 December 12, 1988 RESOLUTION NO. 359 Motion by Supeirvisor Desch; seconded by Councilman Cardman, WHEREAS, the drive engine in the gradall is failing and not safe to operate on the road, WHEREAS, that engine has had constant minor problems that could not be diagnosed without an engine overhaul, WHEREAS, the existing engine is no longer in production and an engine replacement is more econcmical over a longer period, NOW THEREFORE BE IT RESOLVED, that the TCMn Board of the Town of Ithaca hereby authorize the replacement of the defective engine with a new one, within the estimated cost is $8,520 which should cover the costs provided no other deficiencies are found in the rest of the drive train. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). COMPREHENSIVE PLANNING SUBCOMMITTEE Councilwcman Raffensperger stated that the Coiprehensive Planning Subccmmittee asked her, once the changes to the Zoning Ordinance were made if she could seme how or other arrange to have printed up a ccmplete version of the Zoning Ordinance. They consider it enibarrassing to give it to consultants in fifteen pieces. Town Attorney Barney replied that they have the existing Zoning Ordinance on their word processor and he thought, once these were passed if he could find seme time, and hopefully within the next couple of weeks to mark up a copy for a final printing. REFERRAL OF APPLICATION FOR A SPECIAL LAND USE DISTRICT TO THE PLANNING BOARD, SUCH DISTRICT PROPOSED TO CONSIST OF THE "INDIAN CREEK RETIREMENT COMMUNITY", A 140 UNIT CLUSTERED SUBDIVISK^ Town Planner Susan Beeners stated that v^at is proposed is a 140 units within a Special Land Use District within 70 acres. The reason that it is an application for a Special Land Use District is because 80 of the 140 xmits would be within a grouping of six to eight unit buildings but they would be attached with a vestibule kind of thing so that you could walk through the entire building ccnplex and get to a central dining hall. That does not meet cluster, in most respects the applicants have been advised to follow the cluster subdivision requirement. The 80 units that would be within the larger building as well as the single or duplex units on the West part of the site would all be condominiums. The applicants are proposing to have arrangonents with Tortpkins Comiunity Hospital who would be working with meal arrangements and mini van for transportation between this project and the Hospital center. The Planning Board took a look at this in sketch plan format at the last Planning Board meeting, however, it is in your hands tonight for your consideration to the Planning Board to officially refer it for reccmcnendation. Si:pervisor Desch asked, v^at is the total acreage again? Town Planner Beeners replied, the total acreage of the part North of the creek is 70 acres. Town Board Minutes 47 Deconber 12, 1988 Sii^jervisor Desch replied, 70 acres and that would be totally committed to this Special Land Use District? Town Planner Beeners replied, that would be totally cannitted to 140 proposed units. There are 20 acres south of the creek that would be subdivided as a conventional siabdivision with the lots all exceeding the Health Departments requirements for private water and sewer systems. It's coming through as a two part application, one being a conventional subdivision under the present Agricultural zoning and the other one being the proposed Special Land Use District rezoning. Councilwoman Raffensperger asked, it has water and sewer? Town Planner Beeners relied no, at the present time it does not but it appears that public water and sewer would be fairly easily provided, the applicant would be able to extend lines from the DuBois Road area and water and sewer would be provided to the site. RESOLUTION ^D. 360 Motion by COuncilwcman Raffensperger; seconded by Councilman Cardman, RESOLVED, that the Town Board of the Town of Ithaca hereby refer to the Planning Board the application for a Special Land Use District, such district proposed to consist of the "Indian Creek Retirement Ccmrriunity", a 140 unit cluster subdivision. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). TOWN OF ITHACA WARRANTS RESOLUTION NO. 361 Motion by Councilman Bartholf; seconded by Councilman McPeak, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the Town of Ithaca Warrants dated Deconber 12, 1988, in the following amounts: General Fund - Town Wide $54,049.90 General Fund - Outside Village $23,806.77 Highway Fund $50,720.93 Water & Sewer Fund $42,098.14 Lighting District Fund $ 435.82 Fire Protection Fund $ 4,860.11 Capital Projects Fund $12,688,00 (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none) • BOLTON POINT WARRANTS RESOLUTKa^ NO. 362 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, RESOLVED, that the Bolton Point Warrants dated December 12, 1988, in the Operating Account are hereby approved in the amomt of $86,344.99 after review and upon the recatmendation of tiie Southern Cayuga Lake Intermunicipal Water Commission, they are in order for payment. Town Board Minutes 48 December 12, 1988 (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). yOVE^jBER FINANCIAL REPORT RESOLUTIOJ NO. 363 Motion by Councilman Cardman; seconded by Supervisor Desch, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the November Financial Report as presented. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). REAPPOINTMENT TO ZCTONG BOARD OF APPEALS RESOLUTION NO. 364 Motion by Councilman McPeak; seconded by Councilman Bartholf, WHEREAS, the Town of Ithaca Zoning Board of ^^jpeals reccranends the reappointment of Edward W. King to the Zoning Board of Appeals for an additional term of five years, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby appraves the reappointment of Edward W. King as a member of the Zoning Board of ^peals for the years 1989, 1990, 1991, 1992 and 1993. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). REAPPOINTMENT OF CHAIRMAN OF ZONING BOARD OF APPEALS RESOLUTION NO. 365 Motion by Councilman Cardman; seconded by Councilman Klein, WHEREAS, the Town of Ithaca Zoning Board of ^^peals reccnmends the reappointment of Henry Aron as Chairman of the Zoning Board of Appeals, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves the reappointment of Henry Aron as Chairman of the Town of Ithaca Zoning Board of Z^peals for the year 1989. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). REAPPOINIMENT OF VICE CHAIRMAN OF ZONING BOARD OF APPEALS RESOLUTION NO. 366 Motion by Councilwcman Raffensperger; seconded by Supervisor Desch, WEffiREAS, the Town of Ithaca Zoning Board of J^peals reccxiimends the reappointment of Edward N. Austen as Vice Chairman of the Zoning Board of Appeals, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves the reappointment of Edward N. Austen as Town Board Minutes 49 December 12, 1988 Vice Oiaimian of the Town of Ithaca Zoning Board of J^peals for the year 1989. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). BUILDING OFFICERS OCTJFERENCE RESOLUTION NO. 367 Motion by Councilman Cardman; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby authorize Building Inspector/Zoning Officer Andrew Frost to attend the Building Officers Conference on January 20, 1989 in Dover Plains, New York, and FURTHER BE IT RESOLVED, that the Town Board authorizes meals, mileage and overnight acccmmodations associated with the conference. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). CONSIDER ACCEPTANCE OF WCX)LF lANE RESOLUTIOJ NO. 368 Motion by Supervisor Desch; seconded by Councilwonan Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby accepts Woolf Lane contingent upon acceptance of the title by the Town Attorney. (Desch, McPeak, Raffensperger, Bartholf, Leary, Cardman and Klein voting Aye. Nays - none). Councilwoman Leary stated that vdien the Board was discussing the Taxi Ordinance, Councilman Bartholf suggested that an article be included in the Newsletter and she felt it would be a good idea and a way to let people know about the new local law. She agreed to write the article. John Whitccnib, 233 Troy Road stated that he had a question on the Planning Board vacancy and asked vAiat the procedure was in filling it. Supervisor Desch replied, if you know of anyone vdio is interested have them send a note to the Planning Board. Town Attorney Barney stated that the Board of Zoning Appeals had asked him to write a letter to the Editor of the Ithaca Journal principally trying to clari:^ a little bit vAiat that decision meant in the Bowers versus Town of Ithaca, the appeal vdiich in all due respects to the media was not quite written the way we felt the decision was meant. Unless the Board has some objection, we intend to do that. Councilman McPeak remarked, generally we have had a Spring Clean l^. The Fall Clean Up Day was cancelled, is the Spring Clean Up Day going to be cancelled and if so we should tell people in the Newsletter. A lot of people are waiting to get rid of large items. Town Board Minutes 50 December 12, 1988 Supervisor Desch replied, we will check with the County, ADJOURNMENT The meeting was duly adjourned. Town Clerk Town Board Minutes 39 December 12, 1988 different party wall system then Deerrun has, so that is vrfiere he stood. Councilwanan Leary stated that she agreed there was a safety issue involved but weighting all factors she was still concerned about the expense and v^at it would mean to renters. Councilwoman Raffensperger remarked, the Sprinkler Ordinance provides an appeals process to the Board of Zoning Appeals in \diich you could go and make a case regarding your particular situation. It seemed to her that this was a reasonable kind of way to go because of the great variety we have in attached housing in the Town. Coimcilman Cardman remarked that he had to agree with the Supervisor that in this case vdiere you have more than occupant of a building and vAiere you are relying on unknowns for fire safety, especially with seme of the other projects on here he was concerned and felt that we should not exempt sprinklers. Councilman Klein stated that the only ccmment he had was that this was still a fairly unusual circumstance that the Town has indicated. He stated that he still finds it scmevhat questionable in terms of the cost of installing a sprinkler system in an attached house. Properly installed and maintained smoke detectors will trigger the early alert for fire and get the occupants out of the structures and he really, in this instance, and we are really only talking about Deerrun and Black Oak Lane as far as vdiat is in place, he felt it was more restrictive than it has to be and he did not feel there was a cost benefit. He went on to say that he was a little troubled with having the appeals process at the BZA because vdiat you are really asking a lay board is to pass judgement on something that could be rather technical. The State Building Code has a variance procedure vdiich goes to regional boards vdiich are mainly manned by engineers and architects and people within the construction industry and code experts vdio could really understand it. Councilman Klein stated that this was why he was a little bit troubled in terms of vdiether it's even a fair burden to put on the ZBA in terms of asking them to approve construction techniques and take the liability for it for an equivalent fire safety measi^e. He thought may be there were some alternatives in terms of specific construction requirements. He stated that he would like to see this particular part repealed. Councilwoman Raffensperger replied that she did think that if ^ the Board were not to repeal it they would have to develop technical criteria for the guidance of the BZA, vdiich she felt was possible to do. Councilman Cardman ronarked, if we do not pass this law and we send the signal that there is an appeal process, hew do we help the Zoning Boaird with that decision. Town Attorney Barney replied, there are seme criteria in the law but the Code Enforcement Officer vdio presently is our Building/Zoning Officer is probably more faitdliar with the code than anyone else on staff and he is there to give advise. Also, as long as the Town Attorney is there in most instants he would request a letter from an engineer or an architect vMch says this does provide sc3tie equivalency in terms of the protection needed. Building Inspector/Zoning Officer Frost remarked, that he w^ted to bring up a point or two relating to vdiat Mr. Hallberg said about building codes and definitions. He went on to say that the Building Code does recognize \tot is called a party wall vdnch is like a party wall except there are absolutely no openings Town Board Minutes 40 Deceamber 12, 1988 v^tsoever in that wall and it is going to be of either one or two types of material, one concrete block in residential buildings and concrete block in all cases of all kinds of buildings other than residential always has to be concrete blocks. In residential there is another type besides concrete blocks, a US Gypsxm board type system vMch Mr. Hallherg is using in his buildings. The Building Code says that if you put in a party wall the building shall be regulated as a one and two family dwelling. A guy builds a building, put in fifteen apartments puts in party walls he gets regulated as a one or two family residence, not as an apartment building or apartnent dwelling. What Ed Olmstead brings up is also very valid, no matter what kind of wall you have you always have the possibility under certain circumstances where that fire could reach that fire wall and spread to the rest of the building. LOCAL LAW NO. 20 - 1988 Motion by Councilman Klein; seconded by Councilwcman Leary LOCAL LAW m. 20 - 1988 A LOCAL LAW AMENDING THE SPRINKLER SYSTEM LOCAL LAW FOR THE TOWN OF ITHACA TO DELETE THE REQUIREMENT OF SPRINKLERS IN ONE AND TWO FAMILY ATTACHED HOMES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Applicability. This local law shall apply to all parts of the Town of Ithaca outside the Village of Cayuga Heights. Section 2. Amendtt^ts. Town of Ithaca Local Law No. 7 of the year 1988 entitled "A local law requiring sprinkler systems to be installed in buildings in the Town of Ithaca" as amended by local law adopted November 9, 1988 is further amended in the following manner: Section 3, Subdivision (51) is hereby amended to read as follows: "51. Any other buildings, except one and two family dwellings (whether attached or detached), the use of vdiich includes regular overnight sleeping by human occupants." Section 3. Effective Date. This local law shall take effect immediately. Supervisor Desch called for a roll call vote. Councilman Bartholf Voting Nay Councilman Cardman Voting Nay Councilman Klein Voting Aye Councilwcman Leary Voting Aye Councilman McPeak Voting Nay Councilwcman Raffensperger Voting Nay Supervisor Desch Voting Nay Local Law No. 20 - 1988 was thereupon duly declared defeated. APPROVE SPECIFICATIONS AND AUTHORIZE BIDDING FOR NEW 4x4 UTILITY VEHICLE FOR HIGHWAY SUPERINTENDENT AffiuAvn Or rvKucATidK The Ithaca Journal ^&isLr cf ^tfcr ^tyrlu, n ' ; kinj Crurrf^, ^AiA.-2.V;l.t.r.ri.-. beirg du}s ru-om. drposss ar>d UNI, tLs-t bt reside ir lth£.a^ Oour;t%- arid rtate licres^Jd asd tbxt be ii ..SJs.7j-. - o^Tta JoiT^sAi. a pyblic i»vi*jpapei priBteid publisK^. -■ in- Itbase aforesaid, axid tb&t | x>crtioe. of w-bicb tbe ajinexec is t true _ eojT>., prjblisbed ir aaid P^pc - L(-13E?.- a&d ths'. tr»t £rn publioatioz, of said ri^tror v-as or tbe !. dxy of - C£ V JEAN FORDNotary Public, State of New York No. 465AM0_ Qualified in Tompkins CountyCommission expires May 3), \9X/ Kown.' tui'lic. TOWN OF ITHACA ,notice of public hearing •PLEASE TAKE NOTICE, that the' Town Board of the Town of -Ithaca will meet and conduct.- d public hearingon pecs'J'f^f i12 1988, at 6:3) P.M., at the.Town Hall, 126 East Seneca ,Street, Ithaca, New York, toconsider, a locol law amend- j• ing the Town of Ithaca Zoning jOrdinance prohibiting con-'struction of more than oneprincipal building on any l<^in any Residential District andwill at this time hear all persons in favor of or opposed to,the adoption of said loc^ taw.,Jean H. SwartwoodTown Clerkl December 1, 1988 Arf i!jA\ n Or tVtLLK^ATiOS ^ The Ithaca Journal nrk, tTai.. ; krni Ccuni^, — beirg cuj> rvi-orii. drpcsci uzii %*si, tL&t reside; ir ItLacs^ Cpurit)' Ujd rtste tirresud usd of T» Itba^ Jo\7wS aj. » pybli_c i^viipapci prirtod publitbed. -—-- Itibftsa iJjHgiAid, ^d % x>otisc. of vrbicb tbe annexed u i true Oop>.» published is: aaid paper : md thx*. tbt £rn public^tiDr; of said norof wti oi tbe 1..— day of 19££... SubaorJljec md r^orz tz- before me, this of 1? .. C£ V Koier^' Public. jean ford Notary Public, State of New York No. 46544]0 Qualified in Tompkins Count)^^ Commission expires May 31, 19A/ TOWNOFrrHACA •>! NOTICE OF PUBLIC HEARING : PLEASE TAKE NOTICE, that the Town Board of the Town" of Ithaca will meet and cpnduct-j a public Kiearing an December i 12. 1988, at 6:fe P.M., at the '! • Town Hall, 126 East Seneca r Street, Ithaca, New York, n to ) consider a local law amend-1ing the Town of Ithaca Zoning | 'Ordinance to provide for an I automatic termination of vori-1" onces and special approvals If ' not used and will at this time i hear all persons in favor of or j opposed to the adoption of j said local law. ^ 1 Jean H. Swartwood i Town Clerk ; December 1, 1988 ' AJ^/iL»A\7l Uf rVKLKATfQS The Ithaca Journal ^&adi cf ^tfr ^crrk, CLtcrrkbis Cruni^. bcirg du3> rw-om. drpojcs and **>1, tiit bt reside- ir CouTitN- asd rate afrresiid acd tbit be b ; _ OS Tm Joi'T^KAJ- a public i^yiTpspa prioted. publisb^, - — Itbas afareiaid, and tbst |-»atisc", of wbicb tbe annexed ii a true cc?p>v wu publish^ ir a«id paper 1and thi\ tbt £rr. public*tor. of ssid notcc ^»'■*! or tie I diy of €... Subem'l^ arc rv orr t: before me, this dS.. csy of I?^)xJijL jean ford trUisryrub'Uc.Notary Public, Sta.^9 ct New York No. 46544]0Qualified in Tompkins County , ,Commission expires May 31, ]9.^/ TOWN OF ITHACA A NOTICE OF PUBLIC HEARING jPLEASE TAKE NOTICE, that the^Town Board of the Town of-Ithoco will meet ond conduct,o public heoring on December.127 1988, at 6:40 P.M., ot the;Town Holl, 126 Eost Seneco;Street," Ithoco, New York, to 'consider o loco! low omend-^ing the Town of Ithoco ZoningOrdinonce to clorify the number of dwellings thot con belocated on lots in ResideritiolZoniss and will ot this timeheor oil persons in fovor of oropposed to the odoption of. soid local low. 'Jeon H. Swortwood, Town Clerk . December 1, 1988 AjritUAViJ ur tVKl^ATiQK ^ The iTHAeA Journal nrk, ^4i:. ; krni C<riir:±f, «_&AiL^uLl.r.rin beirg du3> s^-orz., drposK •tad >*>**, resides ir Cour<t>- lid rtate mirretiid ted tnxt be is ^ Joi^.KAL ft pyblic ^^."jpapo printed i^jd publisb^. is Itbftse ftfsre»dd, ftfid tbat |-&OFtine, of «*bicb the uinexec i&'ft true Cop>., Wfti publisbed ir ftiid pi-pcr p. ftid tKa*. tilt Lrn puil di> of uratior, of iziz aoroe v,ij on the 1. Subenrfbec tr-d rvcrr t:- before me. this of — I?.. C~1 Ci V ^2 Kaiar^' Tuhlic. JEAN rO \>J I Notary Public, State cf New York No, 4654410 n Qualified in Tompkins ' Commission expires May 31, 19^VT TOWN OF ITHACA ' • NOTICE OF PUBLIC HEARING P PLEASE TAKE NOTICE, that the » Town Board of the Town, of ^ _ Ithaca will meet and conduct,{ a public hearing on December ] 12, 1988, at 6:45 P.M. at the l Town Hall, 126 East Seneca -j Street, Ithaca, New York, to j consider a local law amend- ing the Town of Ithaca Zoning Ordinance arnending and en-, larging the requirements for" buffer areas and landscaping,- fencing and screening in va-^ rious zones in the Town and will at this time hear all per-' sons in favor of or opposed to the adoption of said local law.' Jean H. Swartwood Town Clerk. December 1, 1988 n /« Of rvMi^ATiOK ^ The Ithaca Journal ^&t3dj erf ^tfr ^ctIl, tfnsyfcbif Crurd^, »t_: — bcirg du3> r^-orz., drposci iix£ M)**, tLi.t bf resides ir Ithfica.-. Oour.K; fcsd rate af?retijd tjac twt be is Ttt Iov*r^KAi_ e pjjbbc i^yi«jpapcr pricted publiibed. fc Itbece afarsMLsd, aad tbat ^ x>crtioe-, of wbicb tbe annexed u a true _... cap>-^ publiibed ir a«id pape=^ - S..J?D..'hs..tZ I 1^^^ anr tha!lit iss\ p-bbciidoL of said notot wij oo tie ..L div of £... and fvors t:- before roe, tiis cavSuD92! JEAN FORD Notary Public, State of New Yorfe No. 46544]0 .Qualified in Tompkins County • Commission expires May 31, 19.^ / Kausr^' Tuhlic. JOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAia NOTICE, that the Town •Board of the Town of Ithaca will meet and conducti a public hearing on December] 12, 1988. of 7:00 P.M., at the' Town Hall, 126 East Seneca' Street, Ithaca, New York, to] consider a local taw govern-1 ing taxi cabs in the Town of. Ithaca and will at this time hear all persons in favor of or] opposed to the adoption of' said local law. ^ . Q .? : :;\Jean H. Swartvvoodj Town Clerki December 1, 1988 • ' '/ '1 T^Spiy' :^IIXS Af/iDAV/T Or rvti^ATiOK ^ The Ithaca Journal trf ^otV^ ^.rrrrrrkgu -X'Ai.LJiUl.t.r.ri.-. beirg cu}> rworri. drpose: aixd M>T, tLtt bt resides ir ItL&ct-. County- ij^d rtate afrrwiid n>d i of Tm Jo\7^KAi- & pyblic i:rt"«7papci printed published, is lthi» sforewdd, and thst % i>C'ti=e. of vhich the annexec is't true Cop>', published is j.tid p^pcr 1 £). Ai/i thi.* the £rrv pubbuatior, of said nrdee "w-'ti or the J. diy of L Subs of rrih^ r^ orz tz. before xne, this Cf V JEAN FORD Notary Public, Srejo cf New York No. 4654410 . Qualified in Tompkins County Commission expires May 31:7.?f t^oicsy Tuhlic. TOWN OF ITHACA . i NOTICE OF PUBLIC HEARING , PLEASE TAKE NOTICE, that the j Town Board of the Town of > Ithcco will meet and conduct ! n a public heorlng on December IZ 1988, at 7:30 P.M., at the \ • Town Hall, 126 East Seneca i Street, Ithqca, New York, to ;| consider o local low amend- * Ing the Zoning Ordinance re-.i zoning a portion of land of thq George W. arid Mary L. Dengl- er premises on Woolf Lane from Residence District R30 to Residence District R15 arid will j ot this time heor oil persons in n favor of or opposed to the | adoption of saici local low. Jean H. Swortwood Town Clerk December 1, 1988 AiiiL>AVn vpf nJtj^ATlQS The Ithaca Journal ^&tdj cf C^arrykra Ccursi^, -^Ai.*_JEA'iL*-r.ri^ bcirg cu3> rw-orrk. drpoxti MZxi u>*x, tLit bt resides ir Corurit>- fcsd rsate ftfrresiJd ucd tii*t be b ti Tp Itsaca. J017.S AI. ji pyblip ae^Tpspo pristed ^j2 publijbed. k: Itbia fcioretidd, and tbst footieevof vbicb tbe anaexec is a troe ._ cop)., publisbec ia aiid p^pcr 1 aad thil tilt £rr. publsc:£tioL of ssic aotfot v-iJ cz. tic 1 di> of 19^-€... - Sub*a-ib«s<: eac r^ orr fc before xae. this .fciarn cf ' ^ JEAN FORD Notary Public, State of New YorR No. 4654410 Qualified in Tompkins County . ' Commission expires May 31, \9j[f Koicryr riih'lic. TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, thai tlie Town Board of the Town of ' Ithoco will meet end conduct o public hearing on December 12, 1988 dt 7:45 P.M., at the Town Hall, 126 East Seneca Street, Ithaca, New York, to consider a local low amend ing the Town of Ithaca Zoning Ordinance in relation to set back and yard reciuirements in various zones In the Town and will at this time hear all per sons in favor of or opposed to the adoption of said local low. Jean H. Swortwood Town Clerk December 1, 1988 KrriUAV'n Or rutiJcAriaK !^- The Ithaca Journal ^&adi rf ^tfr ^.nrrrkgn Ccurrf^, »t_r - bcirg cu]> r^-orz.. drposcs tLzi t»)i, tLi-t bt reside i£ Oour>t>- &sd rtste ftirreuid kss be ij - oc Tbt Itsaca JoiT^s AJ. e pu.blisbed. ~— Itbese lisrsudti, and that | ootioevokf «diicb the a&nexec U a true .._ CQp>., p'jblirbed i= aeid p^pcr I ^ and tbi'. tht £rr> publ5::aticM; of isSz zztot or the ..A ^ d£> of 19£^£... C£ V JEAN FORD Nofary Public, State or New York No. 46544i0 .Qualified in tompkins County Ncccrj' Tuhlic. Commission expires May 31 TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, thot the Town Board of the Town of Ithcco will meet end conduct \ a public heoring on December ' 12, 1988, at 8:00 P.M., at the'' Town Hall, 126 East Seneca. Street, Ithaco, New York, to- ; consider o local low amend- i ing the Town of Ithaca Zoning i Ordinance to clarify and j . amend height limitations re- ^ lated to buildings arid struc- ^ tures in the Town ond will at this time heor all persons in ; favor of or opposed to the ; adoption of saici local law. j Jean H. Swartwood j Tqwn Clerk December 1, 1988 /irriL^Avn Of rOnLKATiOS The Ithaca Journal ^radLx ei ^nrlu, ^.n—rkbit Ctr^irttj, beirg c*j3> y^A-oni. drpojtj uni t*yi, t^Lt bf resides ir: ItL&cs. OourirN- tjid rtate afrreuJd tiid f. n fSiti be is ^SJS'.t2- _ of _Tsz Itbac^ Jov7j<al t pybbc ^^A-ipapcr printed poibUsK^. Itbise aforewud, &X)d tbat % i>otise', of «bicb tbe Bxmtitc b t true - Cojr>% pubbsbed ir j.eid p£pc=" iLi>d tbi'. tb* Err. p-bbratiol, of jsid aoroe wt« or tbe \ d£v of ^.X^.^..5^.^..v>FnNk;xb.vrr7...- 19^ £... Suwcr:c trd rv.orr fc- before me, tbis Kasry* Ttihlic. JEAN FO.<u- Notary Public, State cr New York No. 4654410 ■Qualified in Tompkins CountyCommission expires May 31, 19.^/ TOWN OF ITHACA . v;. NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Ithaca will meet and conducta public hearing on December 12, 1988. ot 8:15 P.M., at the Town Hall, 126 East Seneca Street, Ithaca, New York, to consider o local law amending the Sprinkler System Local Law for tne Town of Ithaca todelete the requirement of sprinklers in one and two family attached Homes and will atthis time hear all persons infavor of or opposed tq. theadoption of saia local law. Jean H. Swartwood Town Clerk December 1, 1988 ^1(^1