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HomeMy WebLinkAboutTB Minutes 1982-06-07 TOWN OF ITHACA REGULAR BOARD MEETING June 7 , 1982 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 5 : 30 P . M . , on the 7th day of June , 1982 , there were ( PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman David Jennings , Councilman ALSO PRESENT : Lawrence Fabbroni , Town Engineer Peter Grossman , Town Attorney John C . Barney , Town Attorney Mary Call , Board of Representatives Beverly Livesay , Board of Representatives Nancy Fuller , Deputy Town Clerk Susan Beeners , Parks Analyst Representatives of the Media : Jessica R . Ettinger , WTKO W . L . Astor , WHCU Laurel P . Lucas , WVBR PLEDGE OF ALLEGIANCE Supervisor Desch led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS SUPERVISOR ' S REPORT Supervisor Desch stated that he was pleased to report that we have just received the results of our second speed limit request . We did not get everything we asked for but the most crucial section , the first 1000 feet outside of the City line is being reduced to 30 MPH. Our desire to achieve more of a transition zone was not successful . We will continue to monitor the situation over the coming months . Contracts on the Coddington Road water line have been signed and the contractor authorized to proceed . Construction is expected to start this week or next . The Supervisor went on to say that we inadvertently neglected to put the item , Approval of Minutes , on the agenda but approval should be considered at this meeting since we all have had the minutes of January 11 , February 8 , February 22 , March 8 , April 12 and April 26 , since well before the May meeting . The basic question I would like to address when this item is considered , is the level of detail we expect to include in such minutes . Town Board Minutes - 2 - June 7 , 1982 Supervisor Desch stated that the agenda item, NYSEG Easement , has been withdrawn for further study by the Town of Lansing engineer , due to a potential conflict between the power line and their water main . You all have just received a copy of the East Ithaca Bikeway License and also , our attorney ' s have not had a chance to review it . I have several comments and would like , if possible , to approve it subject to your final comments and attorney approval . If attorney review discloses further comment , we will bring it back to the next meeting . The Supervisor went on to say that late last week , we became aware of an urgent need to submit the STEP III Application for construction by July 1 , 1982 , in order to be considered for funding within the next year . Unfortunately , the list of enclosures is extremly formidable and includes Bond Resolutions for the full $ 32 . 5 million , engineers agreements for STEP III and several other major tasks . This will mean a number of adjourned meetings this month , and we have already moved up the SJS meeting and made it a joint session with the City B&A Committee . Councilwoman Kiefer asked if the guidelines were still in the draft stage , will DEC still take comments? Supervisor Desch answered yes , DEC is looking for completion of the application . The Federal Government has spent considerable dollars , only to have local governments vote down the money to build the proposed projects . It would be better for us to pass a resolution to adopt a budget . You all have a brief report on our utilization of the new in-house computer . Anyone having ideas or questions may wish to contact Peter directly . Supervisor Desch stated that we are ready to go with the assumption of responsibility for the sewer billing as of September 1 , 1982 . The bill form will be very similar to the current one , a blue postcard slightly larger than the current bill . Both the Commission and the City staff have approved the move and we also have made the commitment in the Joint Ownership Agreement . It also now is critical to have the billing history for at least a year prior to filing the debt exclusion under Section 123 . Final approval of the form will be on our agenda for the next adjourned meeting . A copy of the form is being distributed tonight . Councilwoman Kiefer asked Supervisor Desch if he had received any comments back frcm the Village of Cayuga Heights regarding their interest in sewer billings ? Supervisor Desch answered no , there has been no interest shown . However , the computer program will accomodate the Village of Cayuga Heights if they wish to change their billing procedure . We have just responded to the DRAFT final audit on the Sewer Collector project . DEC wants to give us $ 34 , 840 . We still claim $51 , 863 , so we have more work to do to get what is due . The primary agreement is over A & E , and inspection cost eligibility . Supervisor Desch noted that we have a letter from the Advocates for the Handicapped , to which I will draft a response for approval by the Board at the next meeting . TOWN HIGHWAY SUPERIN'T'ENDENT Town Board Minutes - 3 - June 7 , 1982 Superintendent Robert Parkin was unable to attend the Board meeting , due to the Highway Superintendent School , however , a written report by Mr . Parkin noted that he had filed a copy of his Annual Report of Road Mileage with the Town Clerk , Tompkins County and New York State . The Agreement for Item I Funds need to be signed by the Town Board this evening . Copies are enclosed for the Town Clerk and Tompkins County . Area speed signs for Coddington Road area are on order and will be placed by the County and Town when received . Roadside mowing ha been started . Also , cemetary and parks . The Flood Control area will be mowed in June , as it has always been . Brooming of roads completed by Town , City and Village of Cayuga Heights , except for roads to be surface treated , which will be done before treatment . Problem aeas in Northeast - Roadt , Blackstone , Orchard and Kay Streets can only be corrected by hot mix paving or extensive early spring brooming , as material on roads is wearing off , however , not from cindering . TOWN ENGINEER ' S REPORT Town Engineer Fabbroni stated that the Northeast Transit contract between the City and Swartout & Ferris is being circulated for other parties to sign . The contract will carry through the end of the year . Mr . Fabbroni stated that it was quite urgent that the East Ithaca Bikeway License be resolved , if construction is to be completed late this summer . The Town Engineer stated that the grass was growing very well at the Dewitt Park . Turf Tailors are continuing with the last phase of the operation , fertilizing the land . Councilwoman Raffensperger stated that at a right-of-way meeting ,. the City and Finger Lakes State Park Commission both reaffirmed the fact that they intended to exercise their preferential rights from Stone Quarry Road to Knight ' s Crossing . She went on to say that if all interested parties reaffirmed their preferential rights to the railroad right-of-way , the interested parties would stand better with the State . Supervisor Desch stated that he had written a letter reaffirming the Towns position of exercising their preferential rights . Town Engineer Fabbroni noted that this Board will see , at a later date , the open space and condominium proposal proposed for forty-five acres of land largely on the Maurice Marion property . Supervisor Desch asked if the road would be public ? Town Engineer Fabbroni answered , a portion will be public and a portion will be private . Councilman Kugler asked if a zoning change would be necessary ? The Town Engineer answered no , a zoning change will not be necessary . The Town Engineer noted that Textpack IV and Report Pack , for the IBM Computer has been received. RESOLUTION NO . 71 /1 Motion by Supervisor Desch ; seconded by Councilman Kugler , Town Board Minutes - 4 - June 7 , 1982 RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Agreement to Spend Town Highway Funds . (Copy of Agreement attached to the Official Minutes ) . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . REPORT OF COUNTY REPRESENTATIVES County Representative Mary Call reported that the County had approved the Northeast Transit Agreement last Tuesday . She - went on to say the Hospital Usage Committee will meet again this week or next to negotiate with the County and Town on water line and sewer line maintenance responsibility , etc . She stated that the some assistance from the Town would be greatly appreciated . Town Engineer Fabbroni noted that discussions with the Public Works Committee were not proceeding because of the position of the County staff . He stated that he felt the Town Board way wish to reinstate their policy . Supervisor Desch stated that the Town had not been given any basis to modify their policy . Representative Beverly Livesay asked what options had been presented by the County? Supervisor Desch responded none , except to take over the entire system . Councilwoman Kiefer noted that the City commented very clearly , their opposition regarding moving Social Services to the hospital . Central city location is better for Town residents also . She questioned if the Board was interested in stating the Towns position to the Hospital Committee? Supervisor Desch stated that he felt the wording of a resolution should be thought out carefully . The County does not need the Town complicating their problems . Councilwoman Raffensperger asked if Councilwoman Kiefer was going to prepare a resolution? Councilwoman Kiefer stated that she would be happy to prepare a resolution if the Board was interested , however , she had not received any response from the Board members . Supervisor Desch stated that he felt Social Services had presented a well documented case . Councilwoman Kiefer stated that she felt that an expression from the Town Board would be helpful . Councilwoman Raffensperger asked if this is on the Board of Representatives agenda for action soon? County Representative Livesay answered , on the Blue Ribbon Committee agenda . However , she felt the Human Services Committee should get involved . NFPA MEMBERSHIP RENEWAL RESOLUTION NO . 72 A : C. 986 ( Rr• 1970j ,y AGREEMENT TO SPEND TOWN HIGHWAY FUNDS . 0 COUNTY OF Pursuant to the provisions of Section 284 of the Highway Low, we agree that moneys levied and collected for the repair and improvement of highways, and received from the state for the repair and improvement of highways, shall be expenuretf as follows : �� at Q®�v 7 - 1. GENERAL REPAIRS. The sum of $ may be expended for general repairs upon � ! miles of town Mghwaya, including sluices, culverts and bridges having a apart of less than five feet and boardwalks or the renewals thereof: a. IMPROVEMENTS. The following sums shall be set aside to be expanded for the improvement of town highways: . (o) On the rood commencing at / IF 7;;a is Apw, an leading to o distance of Zr Q _ mllesQ d there shall be expended not over the sum of S 1 a, e�2tlll eel �Q jr Type �/717 � / r7 I/` A Width of traveled surface Thickness Subbase r/ /7 ✓ � � (b) On tl. .. ...nrl commencing _ and leading ro �l P.��SA.�f ,C �4ade QQ , o distance of ✓ � ! _ rni4irssa there shall be expanded not over the sum of SL 41 z /� ®® TypeC/ rf/� � 7 e r Width of traveled surface �Q , Th; cltness � „ Subbase /�;z� (e) On the rood commencing of (l/©nom ,p and leading to �� �� , a distance of t / ` miloaB there shall be expended not over the sum of ( Typo �7 Ul^i ��, Width of troweled surface T Subbase r4 ye, hickness bb _ C,5 moneys set aside for such improvements shall be expended, nor shall any work be undertaken an such imQrove- e until the County Superintendent approves the plans , specifications and estimates for such eonstruc4ian . is agreement shall fake effect when it is approved by the County Superintendent of Highways . ' Executed in duplicate this, �z day of Supervisor &Coon an e o CCouncll Sys . Coun cil�majn CoblI Councilman Councilman s p ZZ The foregoing Agreement Is hereby approved this day Taw" Superintendent of o 19 County Suportntondont of Highways NOTE: This Agreement should be signed In duplicate by a majority of tho mambors of them Town Board ontl by the Town Supotinton8ant. Both copies must be approved by the County Suporintendent. One copy must be filed In the Town Clark r a office and ano in them Co::nty Superintendent ' s office. COPIES DO NOT HAVE TO BE FILED IN ALBANY. A* Ca 984 ( RJv. 1970) AGREEMENT TO SPEND TOWN HIGHWAY FUNDS •" TOWN OF COUNTY OF Pursuant to the provisions of Section 284 of the ate for the repair and that mprovement levied and h for and improvement of highways, and received f Po as follows : ye owia7 . 1. GENERAL REPAIRS. The sum of $ may be expended for generol repairs upon' / miler of town highwoyt=,. Including sluices, eulverta and bridges having a span of less than five feet and boardwalks or the renewals thereof. L IMPROVEMENTS. The following sums -shLall be set aside to be expended for the improvement of town highwayst: 11,On .the road commencing at ' — / T / yJJ and leading to ,�o/�t�S � � �� /� a distonce of _ oZ mllear. there shall be .expended not over the sum of --- Type S'l��`, / ��- Width of traveled surface Mel Thickness _ _ Subbase erwve / EOri the rood commencing of and leading to , a distance miles` there shall be expended of over the sum of $ L; -type z4w/d 70 11 ,5 Width of traveled surface of Subbase /� � ✓� � Thickness - � y On the road commencing at and leading 40 / , a dlstonco of ! �-✓' rnllosr. there shall) he expended not over the sum of $ � � J Type Width of traveled surface Thickness � r Subbase '77c i11� G a moneys set aside for such improvements shall be expended, nor shall any work be underloken on such improve- e s, until the County Super interident approves the plans, specifications and estimates for such construct hi s agreement shall take effect It is approved by the County Superintendent of Highwaya. Executed in duplicate this = day of e�Ulf�J� e 19 c . Councilman . - Supervisor . C uncllmon Co n imor. Councilman Councilman L Councilman . 10 Councilman ze lzozo The foregoing Agreement is hereby approved this day Town $uporin}ondont r,f 019 County Superintendent of Itlglrwoya NOTE: This Agreement should be signed In duplicate by a maiorlty of the members of the Town Board and by tho Town Suporintondont. Both copies must be approved by the County Superintendont. One copy must be filed in the Town Clork• o office and ono in the County Superintondent' s office. COPIES DO NOT HAVE TO BE FILED IN ALBANY. A. C. 954 (Rrrv. 19701 • AGREEMENT TO SPEND TOWN HIGHWAY FUNDS . TOWN OF t= 404 COUNTY OFi����/.s' Pursuant to the provisions of Section 284 of the 1-lighway Low, we agree that moneys 9e•Vied and coflected for the, repair and improvement of highways, and received from the state for the repair and improvement of highways, shall be expended as follows : 4C ®Q // m be expended for general repairs upon �. miles of town higliwoyr:, 1. GENERAL REPAIRS. The sum of Ste— may P g Including sluices, culverts and bridges hav3� g o span of less than five feet and boardwalks or tine renewals theraol: Z IMPROVEMENTS. The following sump Shoji be set aside to be expended for the improvement of town highways: G On the rood commencing at ti//� rIle i a distance of • � � nljata,_ and leading to ao there shall be expennyde�d / . not over the sum of S Type �U /11 - ¢f _ Width of travvee!led surface / Thickness Subbase (� /pot/ On the road commencing at o dsione®- of and leading to /�� � y ����— / • ©' mi6o� there shall be expended not over the sum of S L ® 00 �® �g Type `j U/t , 701 A Width of traveled surface � v / � Thickness Subbase � /f W ye ,V /ICe P� ' M On the rood commencing at � 2 ' and leading to sDtoAL /C.�Q) , o distance of � m11esA there shall be expended—not over the sum of ��®• 0 � � ® �� Type ��/�, / �]�. Width of traveled surface Thickness aA Subbase ✓�__- a moneys set aside for such improvements shall be expended, nor shall any work be undertaken on - such improve S until the County Superintendent approves the plans , specifications and estimates for such eanstruction * his agreement shall tolte effect when it is approved by the County Superintendent of off Highways . Executed in duplicate this 7 Af Joy of 'c-' - • r Orson . . $vperviaor Cau - _ Council n unci n Councilnrar. Councilman Councilman nciimon The foregoing Agreement is hereby approved this day T'o.ivn SvporintondorA of , 19� . County Superintendent of Highways NOTE: This Agreement should be signed in duplicate by a maiorlty of the members or the Town Board and by the Town Suportistondent. Both copies must be approved by the County Superintendent. One copy must be filed in the Town Clark' s offieo and one in tha C,r+unty Suporintondent ''s office. COPIES DO NOT HAVE TO BE FILED IN ALBANY. A. C. 964 (R &I 1970) AGREEMENT TO SPEND TOWN HIGHWAY FUNDS TOWN of Pursuant to the provisions of Section 284 of the Highway Law, we agree that moneys levied and collected for the repair and improvement of highways, and received from the state for the repair and improvement of highways, shall be expended as follows : A"4100i Q� L GENERAL REPAIRS. The sum of $. may be expended for general repairs, p uon / ° eg miles of town high.rayno including sluices, culverts and bridges having a span of less than five feet and boardwalks or the renewois thereof. " Z IMPROVEMENTS. The following sums sholl be set aside to be expended for the improvement of town highways; �Q On the rood commencing at I eJT d! —X.6 . and leading to ��/� � ,Cjl/� p a distance of p D2 mires, there shall be expended not over the sum of $ /) �• �C/ Type 'U�06 7 1: width of traveled surface Thickness � q Subbase 1! oil 11 1100" I lillo NOn the road commencing at 7 /��L�• ✓ /7 / and leading to �ry r o distance of there shall be expended not or Type the sum of $ /y / 2 T e C5 ��T• Width of traveled surface �y f / ,y y Thickness /i� Subbase e4570I r ye On the rood commencingg1 at //L� �J� z7xr and loading to ,�O T % /ye , a distonco of e�� Hiles, there shall be expended not over the sum of tel® - Type �J 7/t j�i Width of traveled surface l Thickness III Subbase V '01/ _ i NMI t; moneys se4 " aside for such improvements shall be expended, nor shall any work be undertaken on such improve- s, until the County Superintendent approves the plans , specifications and estimates for such construction . Phis agreement shall take effect when it is approved by the County Supe4ritenderl of Highways. Executed in duplicate this �h day of �v a ���L^ Suporvisor - Councilman - Councilmo ECounicilmon Councilmen ' ,P O Councilman uncilm/on Opp The foregoing Agreement is hereby approved this day Ta.vn Suporintendent of a b9 . County Suporin►ondent of Fllghvroys NOTE: This Agreement should be signed in duplicate by o majority of the members of the Town Board and by the Town SuporFntrrrdont. Both copies must be approved by the County Superintendent. One copy must bs filed In tho Town Clark ' s office and one in tho County Suporiniondentrs office. COPIES DO NOT HAVE TO BE FILED IN ALBANY. Q. C. 984 ( Rear. 8970) • AGREEMENT 7® SPEND TOWN HIGHWAY FUNDS v rt TOWN OF COUNTY OF or Pursuant to the provisions of Section 284 of the Highway Low, we agree that moneys levied and collected for the re pair and improvement of highways, and received from the state for the repair and improvement of highways, shall be expended . as follows : 9�' "'4, t1, i 'I. GENERAL REPAIRS. The sum of $ may be expended for general repairs upon of town highways, including sluices, culverts and bridges having o span of less tars vise feet a-..:! boand»-elks or the renewals thereof. 2. IMPROVEMENTS. The following sums shall be set aside to be expended for the improvement of town highways: M On the rood commencing at 70 e—e 1041; ` B o distance of lam/ � r05, and leading to O there shall be expended not over, e ®a the sum of $ A Type ></O� SU�• % ' Width of. traveled surface Thickness Subbase e,4 ✓e ` J do , On the road commencing at I " and leading to , o distance of • i Myles , there shall be expended not over the sum of llI Type C 7 lf/' % Width of traveled surface Subbase Thickness � ��e y (e) On the road commencing of end leading to . ® distance iles, ce of _�, , there %boll be expended not over the sum of $ -type Width of traveled surface Thickness Subbase e moneys set aside for such improvements shall be expended, nor shall any work be undertaken on such improvI S, until the County Superintendent approves the plans , specifications and estimates for such hi eonstructiort . s agreement shall take effect when it is approved by the County Superintendent of Highways. Executed in duplicate this day of e i1 /� Councilme $vperviao► n �avncuma sun man CouncilmanC Counc Mon Councilman o Covncllmo i0o The foregoing Agreement is hereby epproved this day Town Supoflntend'on4 County Svporintendent of Highways NOTE: This Agreement should to signed in duplicate by o mojorlty of the mombors of the Town Board and by tiro Town Supori'ntertdant. Both copies must be approved by the County Superintendent. One copy must bo filed in the Town Clerkes office, and ono in the County Suporintendent' s office. COPIES DO NOT HAVE TO BE FILED IN ALBANY. 944, e . L- &y2cltel o & ° �� LA o • elil w /ev , It lz ,GG / Ao lee Ile, CIO 2 P4 ��® � l ehoe 1107 Town Board Minutes - 5 - June 7 , 1982 Motion by Councilman Cramer , seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the expenditure of a $ 50 . 00 fee to renew the Town ' s membership for one year in the National Fire Protection Association . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer , and Jennings voting Aye . Nays - none ) . ASSESSMENT REVIEW BOARD RESOLUTION NO . 73 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Councilwoman Raffensperger and Councilwoman Kiefer to sit on the Local Board of Assessment Review for the Town of Ithaca on June 8 , 1982 , 5 : 00 p . m . to 7 : 00 p . m. , at the County Division of Assessment . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . VALLEY VIEW SEWER COST INCREASE Town Engineer Lawrence Fabbroni stated that in February of 1981 the Town Board passed a resolution authorizing the expenditure of $ 5 , 000 , to extend the sewer on Valley View Road to the property at 122 Valley View Road . Last fall prices were obtained on a time and material basis . The estimate was fine , however , problems developed and the cost exceeded the the estimate by $ 1 , 891 . 32 . This raised our maximum expenditure to $ 5 , 991 . 32 and the homeowners share to $ 991 . 32 . Supervisor Desch questioned the homeowners reaction to the increase ., Town Engineer Fabbroni answered , he was hoping it would be nothing , however , I had told him it could be as high as $ 2 , 000 . Councilman Kugler felt this was a good compromise . Supervisor Desch asked how many benefit units will be gain? The Town Engineer answered , three units now . RESOLUTION N0 , 74 Motion by Councilman Kugler , seconded by Councilman McPeak , WHEREAS , by Resolution No . 28 of February 9 , 1981 , the Town Board of the Town of Ithaca agreed to expend a cost not to exceed $5 , 000 to expend public sewer on Valley View Road to serve 122 Valley View Road , and WHEREAS , the improvement has been completed at a total cost of $ 6 , 891 . 32 , and WHEREAS , the improvement will serve all remaining lots including 122 Valley View Road , and WHEREAS , the construction progress was somewhat impeded by an extraordinary number of trench caveins leading to an extra expenditure for replacement limestone of at least $ 991 . 32 , and WHEREAS , the overall cost per foot of installation including manhole was quite competitive at $ 22 . 64 ± inspite of unforeseen soil problems , Town Board Minutes - 6 - June 7 , 1982 NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby agrees to incur a revised net maximum of $ 5 , 991 . 32 , and FURTHER BE IT RESOLVED , in keeping with the February 9 , 1981 resolution that the owner of 122 Valley View Road be billed for the $ 900 . balance to be credited against gross cost incurred of $ 6 , 891 . 32 (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays none) . PARTICIPATION WITH U . S . ARMY CORP OF ENGINEERS - FALL CREEK Town Engineer Fabbroni stated that when the water returned to normal , after the October 1981 flood , it was found that an island had been formed in Fall Creek from the flood water , also debris was deposited at the Wildflower Gardens . He went on to say that if the situation is not corrected , another heavy rain could flood the houses in Forest Hare . Cornell is also interested in having Fall Creek repaired because of the damage to the Wildflower Gardens , The Town Engineer stated that he had explored all avenues of funding . The Corp of Engineers Army Reserve Unit is willing to spend 36 hours on the project as training for the unit . The Town costs are limited to fuel , lubricants and a highway mans salary . The Reserve Unit will supply 15 dump trucks and 2 bull dozers plus may be a loader . If the Town provides a loader we can get a lot more work done . Supervisor Desch asked what are the hours of operation? Town Engineer Fabbroni responded , 36 hours of continual operation . Supervisor Desch stated that he was having a hard time accepting the idea of work going on after dark , in such a tight area . Councilman McPeak asked if the residents were aware of this proposed operation? Town Engineer Fabbroni stated that he planned to meet with the Forest Home Association , as soon as all details are firmed up . RESOLUTION NO , 75 Motion by Councilwoman Raffensperger , seconded by Councilman McPeak , WHEREAS , the Department of the Army has expressed a willingness to assist the Town of Ithaca through one weekend detail of equipment training , and WHEREAS , this offer appears to be the most concrete source of outside help to offset Town of Ithaca costs of removing a gravel shoal fran Fall Creek within the hamlet of Forest Hare , and WHEREAS , Soil Conservation and Federal Disaster funds are not available to remove this deposit of gravel largely left by the flood of October 27 -28 , 1981 , which jeopardizes the health , welfare and safety of existing homes north of the creek and the continued stability of the Cornell Wildflower Gardens , and WHEREAS , Cornell Plantations is interested in the gravel removal , construction of a gravel road in the process , cooperating through easements to enter their land , and in general long range protection of the Wildflower Garden peninsula adjacent to the gravel shoal , and Town Board Minutes - 7 - June 7 , :1982 WHEREAS , the Town is interested in returning this narrow section of Fall Creek to its hydraulic capacity prior to October 1981 , and WHEREAS , Cornell has preliminarily agreed to an area near the Library Annex to which to haul excess material for future use by the Town or Cornell on a first come first serve basis , and WHEREAS , THE Town would be expected to provide incidental expenses of the Army including but not limited to fuel , lubricants , loader with operator , a camp site , easements , special insurance , and hold harmless agreements , subject to approval of the Town Attorney , and WHEREAS , the work accomplished by the Army is expected to start a clearing operation that the Town would otherwise have to totally accomplish with good access thereby provided for subsequent Town hauling operations , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to enter into agreements with the Department of the Army and Cornell to facilitate the Army being able to train for one weekend by removing gravel from a deposit in Fall Creek within the hamlet of Forest Home in an area between the two bridges across Fall Creek , and FURTHER RESOLVES , that the Town Supervisor be empowered to execute all necessary agreements to effect such a project including the ordering of appropriate insurance riders . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none) . EAST ITHACA BIKE4&Y LICENSE Supervisor Desch noted that as he had mentioned earlier , we have now received the East Ithaca Bikeway License from Cornell , however , our attorneys have not had a chance to review it yet . John Barney , Town Attorney stated that he had not had the proper amount of time to check over the license . However , on the surface he found the license to be a very broad agreement and not terribly attractive to the Town Parks . He questioned the statement of putting up fences or providing enforcement to keep people off Cornell property . He noted that you could end up stationing a police officer every sixty feet to keep people from stepping on Cornell property . The Town Attorney went on to question the watering tank for horses . Even though they are only talking about a watering trough, they might want a tank at some later date . He went on to question farm equipment crossing the bikeway . He felt the agreement should state that if the farm equipment (owned by Cornell ) damaged the blacktop , then the agreement should say Cornell would repair any damages . Councilwoman Raffensperger asked the Town Attorney how long did he think it would take to clear up these questions ? Attorney Barney stated two to three weeks . Councilman Jennings asked if there was any chance to buy the railroad right-of-way ? Supervisor Desch answered we have preferential rights except for contested reversion rights . Town Board Minutes - 8 - June 7 , .1982 Supervisor Desch stated that he would write to Cornell stating the fact that the Town has problems accepting the license as written , and requesting that a meeting be scheduled to discuss these problems . PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW ON PARK USE Proof of posting and publication of notice of public hearing to consider the adoption of a local law on Park Use , having been presented by the Town Clerk the Supervisor opened the public hearing . Supervisor Desch stated that Attorney Peter Grossman had done an excellent job in clarifying the language and possible legal problems . The Supervisor went on to say that the law provides for general control of overall activities and specific uses for certain parts of the park , along with enforcement . Town Attorney Grossman stated that he objected to caged or leashed dogs , as the Park Use Law is not in agreement with the Dog Law , he questioned if this was an oversite on the part of the committee . Councilwoman Raffensperger answered , it was not an oversite , the committee intended this section to be strong . Supervisor Desch questioned the urgency of setting a fee schedule . Susan Beeners responded that she could not see an urgency to set the fee schedule immediately . She went on to say that she would like to see the fee schedule adopted this summer . Councilwoman Kiefer questioned if the Board could still put special conditions on permits ? Attorney Grossman answered yes . Councilwoman Kiefer noted that the forms would need to be changed to add this provision . There being no one in attendance who wished to speak in opposition to the Park Use Law , Supervisor Desch closed the public hearing . LOCAL LAW NO . 1 - 1982 Motion by Councilwoman Raffensperger , seconded by Councilman Cramer , LOCAL LAW NO . 1 - 1982 A LOCAL LAW ON PARK USE INTENT The Town of Ithaca , in order to provide for balanced Town development and to safeguard and promote the general health and welfare of the community , has established a variety of park areas and facilities . Such park areas and facilities vary greatly in size , development , and appropriateness of various activities . To enhance and promote the safety and enjoyment of each individual in the use of Town of Ithaca Parks and to assure each individual equal opportunity in the use and enjoyment of these parks , the rules and regulations of this local law are established to govern the conduct of the public with respect thereto . SECTION I . Town Board Minutes - 9 - June 7 , 1982 General Regulations . 1 ) All Town of Ithaca park facilities shall be open for public use each day beginning one half hour before sunrise and shall close one half hour after sunset . 2 ) All park users will behave in a reasonable and responsible manner at all times and will take due account of the presence of other park users . 3 ) Any person having custody or control of a minor will be responsible for ensuring that such minor complies with the rules and regulations of this law . 4 ) Minors under six ( 6 ) years of age shall at all times be under the supervision and control of a parent , guardian , or responsible adult . 5 ) Domesticated household pets are allowed in Town of Ithaca parks provided that the pet shall at all times be caged or restrained by a leash or other device . Animals shall at all times be under the supervision and control of the owner or person having custody of the animals . The activities of dogs are further subject to Town of Ithaca Local Law No . 2 - 1979 , or any amendment thereof . Horses are specifically prohibited . Seeing-eye dogs , and other animals specifically trained to assist the physically handicapped are excluded from the provisions of this subsection . 6 ) Field games may be played and field game equipment may be used only in areas developed and designated as playing fields . 7 ) Picnics are permitted only in designated picnic areas . 8 ) Non-commercial events may be promoted by the posting of printed or written material on park bulletin boards where provided . SECTION II . Prohibited Activities . NO PERSON SHALL : 1 ) Cause any rubbish , garbage , refuse , organic or inorganic waste , or other offensive matter or any abandoned property or material to be left in or on any Town park property , except that refuse incidental to the use of park facilities may be placed in receptacles provided for that purpose . 2 ) Make an excavation or injure , destroy , deface , remove , fill :in , tamper with , or cut any real or personal property , tree or other plant life , or otherwise alter in any way the condition and appearance of any park property , real or personal , except as may be otherwise allowed by this law . 3 ) Operate any motor vehicle including minibikes , trail bikes and mopeds outside of designated parking area ; no person shall operate a snowmobile on Town park property . 4 ) Ride a bicycle or other wheeled device outside of designated parking areas or designated bikeways . The use of bikeways is subject to Town of Ithaca Local Law No . 1 - 1980 , or any amendment thereof . 5 ) Ride a skateboard on Town park property . Town Board Minutes - 10 - June 7 , 1982 6 ) Introduce , possess , discharge , or use rifles , guns , revolver; , or other firearms or weapons , fireworks , explosives , traps , archery equipment , or any other dangerous instrument , or any instrument , weapon , or ammunition the propelling force of which is a spring , rubber , gas or air , or any other dangerous force . 7 ) Ccm-nit any act which may result in injury to any person or damage to real or personal property or create a hazardous condition . 8 ) Engage in or encourage fighting or violent or threatening behavior . 9 ) Make any unreasonable noise . 10 ) Engage in canping . 11 ) Make or maintain a fire other than in fireplaces or cooking grills erected and maintained by the Towns and if there is no such equipment available , no person shall make or maintain a fire outside of designated picnic areas , and other than in grills or fire containment equipment made of metal . All such fires shall be completely extinguished after use . Notwithstanding the foregoing , the Town may , through its designated agent , prohibit the making of a fire at any time . 12 ) Throw away or discard any lighted match , cigar , cigarette , charcoal , or any other burning object without extinguishing it and depositing it in a receptacle provided for that purpose . 13 ) Distribute leaflets or other printed or written material . 14 ) Advertise , promote , or conduct a commercial event or enterprise . SECTION III . Activities which Require a Permit The following activities may be engaged in only when undertaken pursuant to a written permit issued by the Town Board of the Town of Ithaca or its designated agent , and in accordance with the terms thereof and any other conditions contained in this Section . 1 ) The use of any device capable of amplifying sound including , but not limited to , musical instruments , radios , tape cassette players , (except when such devices are used with headphones ) , and public address systems . 2 ) The conducting of a picnic or outing by a group or organization in excess of 30 persons . 3 ) The possession or consumption of alcholic beverages . Consumption of alcholic beverages will be restricted to the park areas designated by the specific permit application . 4 ) Frcm time to time the Town Board of the Town of Ithaca may by resolution permit special events not covered by this local law. SECTION IV . Permit Issuance . A written permit issued by the Town Board of the Town of Ithaca or its designated agent to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions thereof . 1 ) At least 48 hours in advance of the operation of the permit , such permit application should be filed with the Town Clerk of the Town of Ithaca between the hours of 8 : 30 a . m. and 4 : 00 p . m . on Mondays throught Town Board Minutes - 11- June 7 , 1982 Fridays , except legal holidays ; and at least 48 hours in advance of the operation of the permit the permittee is to post a copy of the permit issued on the park bulletin board where the activity is to occur . The Town Clerk may at his /her discretion wave the requirement that the application be applied and posted 48 hours in advance . 2 ) With respect to the issuance of permits under this law , the Town Board of the Town of Ithaca may be resolution from time to time establish a fee or charge for the use of any Town park facility , and/or require a bond or security deposit to protect property of the Town against loss or damage or to limit the duration or type of use of` such property or to provide for the cost of any clean up or maintenance required to be done by the Town subsequent to and resulting from the permitted activity , and/or require that the permittee procure liability insurance for events which are beyond general Town coverage , in order to protect the permittee and the Town of Ithaca from any claims for damages to property and for personal injuries , including death , which might arise from the operation of such permit . 3 ) Any permit may be revoked for good cause shown or as the Town Board of the Town of Ithaca or its designated agent in the reasonable Exercise of its discretion may determine , which action shall be final . In the case of such revocation , all monies paid for or on account thereof shall , at the option of the Town Board of the Town of Ithaca , be forfeited to and retained by the Town . 4 ) . Neither the forfeiture and retention of any such money by the Town nor the recovery or collection of any damages or both shall preclude the prosecution of any person for a violation of a rule or regulation of the Town of Ithaca or the violation of any other local or State law , ordinance , rule or regulation . 5 ) The provisions of this section are not exclusive , but additional requirements may be reasonably added with respect to any specific: application at the discretion of the Town Board of the Town of Ithaca or its designated agent . SECTION V . Fees , Security Deposits , Insurance . Regulations as to fees , security deposits , and insurance may be adopted by resolution from time to time by the Town Board of the Town of Ithaca . SECTION VI . Validity . If any part , section , subdivision , paragraph or provision of this local law shall be determined to be invalid , such determination shall apply to the particular part , section , subdivision , paragraph or provision , and all other provisions of this local law shall remain valid and in effect . SECTION VII . Violations (or Penalties ) . Any violation of this local law shall be deemed a "violation " as the same is defined in §10 . 00 of the Penal Law of the State of New York . Anyone found guilty of a violation of this law may be fined up to $ 250 . 00 for such violation or sentenced to a term of imprisonment not to exceed fifteen days . SECTION VIII . Town Board Minutes - 12 - June 7 , 1982 Enforcement . The Building Inspector of the Town of Ithaca is hereby designated by the Town Board of the Town of Ithaca as agent for enforcing this law. This agent is authorized to issue and serve appearance tickets for violations of this law as provided for by Town of Ithaca Local Law No . 1 - 1. 979 , or any amendment thereof . This local law may also be enforced by any police officer authorized to act within the Town of Ithaca , Tompkins County , New York, SECTION IX . Effective Date . This local law shall take effect immediately . Supervisor Desch called for a roll call vote . Councilman Cramer Voting Aye , Councilman Jennings Voting Aye , Councilwoman Kiefer Voting Aye , Councilman Kugler Voting Aye , Councilman McPeak Voting Aye , Councilwoman Raffensperger Voting Aye . Supervisor Desch Voting Aye . Local Law No . 1 - 1982 , was thereupon declared duly adopted . PERSONS TO BE HEARD Beverly Livesay asked if something could be done about the contour of Snyder Hill Road . The adding of layer after layer of blacktop has produced a crown on the road . Supervisor Desch noted this is similiar to the Maple Avenue problem. Mrs . Livesay felt that a lot of people will be unable to get out of their driveways . She went on to say that nothing has been done to the road to help the crown . SEWER BILLING Councilwoman Raffensperger stated that she could see no justification in the Town taking over the billing of the sewer . If the sewer rates go up , and with the Town billing , it gives the impression we have control over the rate when actually we can not do anything about it . Supervisor Desch stated that with the new sewer agreement , we will have control . With the SJS , it would be hard to get a recommendation to increase the rate . Councilwoman Raffensperger noted that the Town has no participation in rate making until the sewer plant is on line . Supervisor Desch stated that the City would have a problem justifying a rate increase . Taking over the billing will give us the data to refute an increase . Now we have no idea how much the City is taking in . If we are to be involved in setting rates in the future , the data base is needed . Also , influencing the decision to bill for sewer are the number of requests received from citizens to combine the billing of water and sewer . Town Board Minutes - 13 - June 7 , 1982 Councilwoman Raffensperger stated that her basic objection to billing Town residents for sewer was the 12% rate . Councilwoman Kiefer questioned the availability to answer questions , how i is it now handled? Town Engineer Fabbroni stated that the only figures available now are the amounts that are in arrears and then they are only available to us when they are put on taxes . Supervisor Desch stated that the advantages out weighted the disadvantages . RESOLUTION NO . 76 Motion by Councilwoman Raffensperger ; seconded by Councilman MCPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the responsibility , by the Town of Ithaca , of the assumption of sewer- billings for the Town of Ithaca sewer customers who are now serviced by the City of Ithaca sewers , and FURTHER BE IT RESOLVED , that the takeover date for this billing be September 1 , 1982 . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . Councilwoman Kiefer stated that she wished to discuss a few miscellaneous items . The Sewage Treatment Plant Committee for Industrial Pretreatment , who will make the appointment ? She noted that the person the League of Women Voters wished to nominate was out of town and they would like to check with the person before nominating her . Supervisor Desch stated that the SJS would make the appointments ., The deadline for nominations had passed , however , he noted that it will be extended . Councilwoman Kiefer stated a Lamprey larvae survey in area streams should be taken again . Some one on the Town Staff should look into it from any perspective we ( the Town) have . Councilwoman Kiefer questioned the County Board of Representatives resolution on participation in the County wide Septage Treatment of Sludge Disposal , were there any changes in the resolution that was passed? Supervisor Desch stated that he was not aware of any changes , at this time . Councilman Jennings stated , as the Board members knew , he had sent a letter to EMC on the bull problem at Eastern Artificial Inseminaton . He stated that the Department of Health had addressed the problem accurately . He stated that he still did not know what the long term problem might be . Councilman Jennings stated that there were plans to drill test wells in the area . Councilwoman Kiefer added , I ' ve been out there . DEC should look at Solid Waste Management . EMC should consider this also . She went on to say that she received a phone call again this weekend . The ditches were again running orange . Supervisor Desch asked who would locate the wells ? Town Board Minutes - 14 - June 7 , 1982 Councilman Jennings answered that he did not know as he had not received a letter yet , only a phone call . Councilman Kugler asked what type of wells are in the area ? Councilman Jennings answered , shallow wells . Councilwoman Kiefer stated that the manure was also sprayed to keep the fly population down , don ' t want that spray in the ground . APPROVAL OF MINU'T'ES Supervisor Desch stated that the Board members have had the minutes of the January 11 meeting , February 8 meeting , February 22 meeting , March 8 meeting and April 12 meeting for quite sometime , along with the minutes of the April 26 meeting . The law requires only precise wording of all resolutions and local laws , motions and voting record . Councilwoman Kiefer stated that she had prepared an elaborate list of additions for the January 11 meeting . Supervisor Desch responded that in his view , the minutes are in sufficient detail , as written . Councilwoman Kiefer stated that she didn ' t think the level of her additions were more than the level contained in some of the other sets of minutes , Councilman Kugler stated that the Board members could spend the rest of their lives deciding on what should be included and the future use of minutes . He stated that the Board was not looking for verbatim minutes . Councilwoman Raffensperger noted that each Board member has their own preference as to what is important . She went on to say that the Town Clerk had always been very good about including things in the minutes that an individual Board members felt was important . Councilman Jennings stated that he participated in a lot of meetings , none are taken verbatim . Councilwoman Kiefer noted again that she felt the minutes were the official record and that they should be checked with the Board m m bers for suggested additions or clarifications . She asked the other Board members if they had any comments . RESOLUTION NO . 77 Motion by Supervisor Desch ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the minutes of January 11 , February 8 , February 22 , March 8 and April. 12 , as presented by the Town Clerk. (Desch , Kugler , Cramer and McPeak voting Aye . Nays - Raffensperger , Kiefer and Jennings ) . TOWN OF ITHACA VPJURANTS RESOLUTION NO , 78 Motion by Councilman Kugler ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated June 7 , 1982 , in the following amounts : Town Board Minutes - 15 - June 7 , 1982 General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . $ 181506 . 90 General Fund - Outside Village . . . . . . . . . . . . . . $ 104 , 182 . 72 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18 , 775954 Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . $ 141 , 239 . 92 Water and Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 33 , 663 . 41 Park Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 , 122 . 03 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . $ 239 . 95 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none) . BOLTON POINT WARRANTS RESOLUTION N0 . 79 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Bolton Point Warrants dated June 7 , 1982 , in the Operating Account are hereby approved , in the amount of $45 , 399 . 49 after review and upon the recommendation of the Southern Cayuga Lake Interrunicipal Water Commission , they are in order for payment . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . CHANGE ORDER - CODDINGTON ROAD WATER EXTENSION Town Engineer Fabbroni stated that because of the weather the contractor had not been able to start the construction on the water line for the Coddington Road Water Extension . Therefore , a change order was needed to allow the construction to begin prior to July 1 , 1982 with 230 days allowed to complete the project . RESOLUTION NO . 80 Motion by Supervisor Desch ; seconded by Councilman Jennings , WHEREAS , the Town Board of the Town of Ithaca has signed a Contract for Construction of Water Main Contract No . 1 Coddington Road , Town of Ithaca , New York , with LaFayette Pipeline , Inc . , dated April 26 , 1982 , and WHEREAS , Contract Documents state that Contract Time will commence within thirty days of the agreement date , and WHEREAS , the construction has not begun because of a combination of document reviews and recent wet weather , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca approve and hereby does approve Change Order No . 1 to allow the start of construction to begin prior to July 1 , 1982 , and the construction to be completed 230 days from June 7 , 1982 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none) . Councilwoman Kiefer requested that the minutes be typed on short paper , instead of legal size as both she and Councilman Jennings have to fold their copies as they do no have legal size file cabinets . ADJOURNMENT Town Board Minutes - 16 - June -7 , :19 82 The Meeting was duly adjourned . Clerk