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HomeMy WebLinkAboutTB Minutes 1983-02-07 TOWN OF ITHACA REGULAR BOARD MEETING FEBRUARY 7 , 1983 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 February , 1983 , 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 : Richard B . Thaler , Thaler & Thaler Bill Manos , Manos Diner Dan Peterson , 110 Dey Street Carolyn Peterson , 110 Dey Street Peter Nukles , University Park Bob Anderson , 110 Auburn Street Frank Wiley , Cornell University John Majeroni , Cornell University Claudia Weisburd , Calkins Road John Wooding , 218 University Avenue Jerry Weisburd , Calkins Road Peter J . Walsh , Thaler & Thaler Chuck Crisell Robert Parkin , Superintendent Lawrence Fabbroni , Engineer James Buyoucos , Attorney Representatives of the Media : Michael Hages , WVBR John Huenneke , Ithaca Journal PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS ® Supervisor ' s Report Sewer Project Priorities Supervisor Desch stated that tomorrow he , along with City Superintendent of Public Works Kinsella and a representative of Stearns & Wheler would be attending the Project Priority meeting near Albany to make our comments on the system and the particular rating of our project . We believe we have a strong case to improve our ranking and will be doing everything we can through all possible channels to gain recognition of the importance of funding our project . Town Board Minutes - 2 - February 7 , 1983 The Supervisor went on to say that on Wednesday evening there will be a combined SJS and BPW meeting here to hear the design status review of the project from Stearns & Wheler . We will be meeting at Common Council Chambers at 5 : 45 P . M . , and following completion of the regular BPW meeting adjourn to the Ramada Inn for the presentation by Stearns & Wheler . It may still be necessary to have a separate SJS meeting in February . The funding schedule needs to be submitted by the end of March , so that DEC can review it by July 1st . The public hearing on the outfall ® right - of -way condemnation matter will be held at the BPW meeting on February 23 , Town Hall Renovation ® You perhaps have noticed some improvement in the appearance of Town Hall . There are new drapes in several areas and we are about to modify the counter to provide more security for the Deputy Town Clerk ' s collections and materials . Town Board members mail boxes have been moved to the front ( Financial ) office , a better location for everyone concerned . Supervisor Desch went on to say that we are also getting quotations on windows for the Board Room and the Engineering Department for energy conservation and lighting improvement purposes . The Staff will also be looking at some divider partition schemes in Planning and Engineering to improve the flow of traffic . We are also pursuing the improvements to the Board Room , both in appearance and adequacy of heating / cooling and security . Tax Collections Supervisor Desch stated that the primary tax collection period is over and that he would like to take this opportunity to commend Jean Swartwood and the Staff for the usual excellent performance . Indications are that collection percentages are as high as in past years , in spite of the impact of the recession . We do not expect to see the tax sale problems being experienced by some of our neighbors . Town Engineer ' s Report Town Engineer Lawrence Fabbroni reported that a considerable amount of time had been spent on Commonlands and Bill Manos projects . Mike Ocello has been working on the Burns Road relocation in conjunction with the County ' s bridge work . He noted that they were ready to review the project with the City of Ithaca . ® He went on to say that he had met with the President of the Forest Home Improvement Association who is anxious to get the Traffic Committee together on the matter of the one -way circulation plan . We have also spent significant time recalculating the water and sewer bi • nefit units ; there are approximately 50 properties to which the formula doesn ' t easily apply . Northeast Transit contract has been completed for the next twelve months . January ridership shows a 60o increase over a year ago . Good weather has allowed us to complete some additional drainage work on Stone Quarry Road . Town Board Minutes - 3 - February 7 , 1983 Highway Superintendent ' s Report Highway Superintendent Parkin reported that the highway men have been clearing brush and making minor road repairs . Also drainage work on Stone Quarry Road is underway . Councilwoman Kiefer stated that on behalf of a new Town resident ( R . Flaville ) she would like to call the Highway Superintendent and Town Boards attention to a clipping from the Wall Street Journal . The City of Baltimore is concerned over pot holes , and has come up with a new idea : for a donation of $ 5 . 00 or more , the City will fill a specific pot hole and paint it over with a valentine message of the donor ' s choice ! COMMITTEE REPORTS Parks and Recreation Councilwoman. Raffensperger reported that at their February 3rd meeting the committee reviewed Park Site Planning for 1983 . Tareyton Park - work on play structure , bike . path , plantings to discourage bikes and pedestrian traffic across the playfield . Tudor Park - work planned on the playstructure and plantings . Salem Park - scheduled for drainage improvements , plantings and play structure . Eastern Heights Park - begin student design work , seed playfield , buffer plantings to improve parking , expand play area , see - saw and pavillion . Improve safety on sledding slope , pedestrian walk and bike trail . Also , plantings to improve circulation . Sandra Place - work on regrading and landscape improvements . Mrs . Raffensperger continued , a discussion was held on the initial planning for bikeway plan . That plan will attempt to examine present pedestrian and bikeway trails , proposed developments in South Hill , etc . , and possible future links . She went on to say that they are only in the initial stages and in the coming months the Town Board will see the plan . Councilwoman Raffensperger stated that Joe Gentili , County Planning Representative , was most complementary of the Town ' s progess in the area of parks , recreation way planning and implementation of the plans and policies . More specifically of the professional expertise of Susan Beeners and the high quality of practicality with which she has worked and works to implement our park plan and policy . The ® meeting ended with a glow of self - satisfaction . Next month will be back to work . ® Public Safety Committee Report Councilman Jennings reported that he plans to go to the Fire Commission meeting tomorrow evening and express the Town ' s disatisfaction in the progress that has been made to date on the relocation of fire stations in the Town . He also noted that he and Supervisor Desch had met with Town of Ulysses representatives to discuss the placing of a fire station on West Hill that would benefit both the Town of Ulysses and the Town of Ithaca . The Town of Ulysses representatives are now discussing fire safety with the Trumansburg Fire Department to see if they feel a need for a joint venture of this type . �i Town Board Minutes - 4 - February 7 , 1983 Councilwoman Raffensperger requested that notices of committee meetings should be sent to all Town Board Members , not just the - individuals on the particular committees . Personnel Committee Supervisor Desch announced that this committe would be meeting later in Executive Session . ® FOUR WHEEL DRIVE DUMP TRUCK - SNOW PLOW Supervisor Desch stated that Councilman Kugler , Councilman ® Jennings , Highway Superintendent. Parkin and Town Engineer Fabbroni had put their heads together to make sure the specifications were correct and complete . Councilman Cramer questioned the specifications on the axle being the manufacturer ' s own model ; he asked why ? After discussion it was agreed to strike this sentence . CouncilMcPeak asked ' if the specifications were so tight there would be only on bidder ? Supervisor Desch responded that there would probably be two or three . Councilman Kugler stated this will eliminate conversions . RESOLUTION NO , 11 Motion by Councilman Jennings ; seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the advertising for bids on a new 1983 all wheel drive dump truck- snow plow combination of not less than 44 , 000 lbs , axle capacity . ( Copy of specifications attached to official minutes ) . Councilman Cramer noted that the specifications state orange paint , there is not reference to the type of paint , and he suggested it should have reference to , e . g . , " abrasion - resistant polymers " . Councilman Jennings stated that parts of trucks are made of fiberglass , sometimes one type paint cannot be used . on all ® parts of the truck . Supervisor Desch suggested adopting the specifications , but ® with direction that the Staff contact the County Highway Department to ascertain their standard phrasing of paint specifications . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . AUTHORIZE BUILDING INSPECTOR TO ATTEND ANNUAL BUILDING OFt' ICIALS SCHOOL . RESOLUTION N0 , 12 Motion by Supervisor Desch ; Raffensperger , seconded by Councilwoman Town Board Minutes - 5 - February 7 , 1983 RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Building Inspector , Lewis Cartee , to attend the Annual Building Officials School of the Finger Lakes Building Officials Association at the Marriott Inn , Rochester , New York , April 25 , 26 and 27 , 1983 . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . REZONING OF PARCEL NO . 6 - 44 - 1 - 4 . 31 ( Bill J . Manos Proposal ) . Supervisor Desch stated that the resolution presented for ® consideration tonight on the rezoning from Residential 15 to Multiple Residence District of Tax Parcel 6 - 44 - 1 - 4 . 31 , encompasses the conditions set forth in the Planning Board Resolution , Councilwoman Raffensperger stated that in January the Planning Board asked us to set time limits , do we intend not to or does the Planning Board Resolution set time limits on the beginning of construction and the end of construction ? Supervisor Desch responded , the . Planning Board does not want calendar dates , but assurances that later phases will not be built until the first phase is finished . No subsequent phases will be initiated until the first phase is completed . Councilwoman Raffensperger felt that if the Planning Board wants more specific details they should be added to the Zoning Ordinance amendment . Councilman Jennings questioned the section ( page 8 ) pertaining to the applicant consulting and working with the staff of the Cornell Plantations and other Cornell representatives to insure the continued integrity and stability of the South Hill Swamp . He noted that there were 18 , 000 students at Cornell . Town Attorney Buyoucos responded that students are not representatives . Councilwoman Kiefer asked about the Wetland Designation , Supervisor Desch said he had asked that the Tompkins County Environmental Management Council should work with the Planning Board on both the South Hill Swamp and Six Mile Creek watershed evaluations . ® Councilwoman Kiefer asked how would the Town Board involved ? be Supervisor Desch responded that the Town Board would make the designation , after a study was conducted . Town Attorney James Buyoucos stated that he had talked with Frank Liguori of County Planning . The State is still in the process of working out the rules and regulations . When the time comes and the State has approved the plans , there will be a hearing . The best enforcing agency for the wetland lays with the DEC . Councilwoman Kiefer asked if , when the Town ' s wetlands map was put together , was the South Hill Swamp included on the map ? Town Engineer Fabbroni responded that only Cornell University property was included - not the EMC ' s entire fifty acres ; however , more study is needed to pin down the fifty acres . This is not an issue in the Man-os project . Town Board Minutes - 6 - February 7 , 1983 Councilwoman Kiefer remarked that she would rather see the Planning Board look at South Hill as a whole , then to propose piecemeal rezoning ; that is why this is relevant to the Mano ' s proposal . She went on to say that only Cornell and the developer are mentioned in reference to a buffer zone and protection of the area ; will the Town Board have any say ? Supervisor Desch answered , only as the Planning Board recommends . ® Town Attorney Buyoucos stated , the fact that the Town Board may have concerns about the wet lands , the Planning Board should be informed by letter of these concerns . ® RESOLUTION CONSIDERING AN APPLICATION FOR THE AMENDMENT OF THE TOWN ZONING ORDINANCE BY REZONING FROM RESIDENTIAL 15 TO MULTIPLE RESIDENCE DISTRICT A PARCEL OF LAND LOCATED ON THE NORTHERLY SIDE OF EAST KING ROAD , 30 + ACRES , TAX PARCEL 6 - 44 - 1 - 4 . 3101 NOW REFERRED TO AS MAJESTIC HEIGHTS , MADE BY BILL J . MANOS , APPLICANT , OW14ER AND DEVELOPER , RESOLUTION NO , 13 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , WHEREAS , 1 . The applicant , Bill J . Manos , has applied to the Town Board to rezone from a Residential 15 District to a Multiple Residence District a parcel of land consisting of approximately 30 acres of land , designated as tax parcel 6 - 44 - 1 - 4 . 31 , and which is located on the northerly side of East King Road , and 2 . The applicant has presented to the Planning Board and received final site plan approval . for the construction of 17 buildings which will contain a total . of 119 dwelling units in the proportion of three ( 3 ) 2 - bedroom units to four ( 4 ) 1 -bedroom units , and one service building which will contain storage space for the occupants of each dwelling unit , a laundry , and storage space for necessary maintenance equipment , and a one family dwelling which will be built for and initially occupied by Mr . Manos and his family , and 3 . The applicant has complied with the provisions of Local Law # 3 - 1980 relating to the environmental review of actions in the Town of Ithaca and the Planning Board as lead agency has conducted a coordinate SEQR review on both the application for rezoning and the site plan review and has determined that the project as proposed and the amendment of the Zoning Ordinance will have no significant environmental impact and a notice of such determination has been filed with all inerested agencies , and 4 . The Town Planning Board has recommended the adoption of the amendment to the Zoning Ordinance creating the Multiple Residence District and has given final approval to the site plan , and 5 . The Town Board has reviewed the site plan approval , the minutes of the proceedings held by the Planning Board and all other relevant documents and has complied with all requirements of law governing the giving , posting and Publishing of the notice of intention to amend the Town Zoning Ordinance and to hold a public hearing in connection therewith for the purpose of this project. , and Town Board Minutes - 7 - February 7 , 1983 6 . It has been determined that there is a need for an increase in renting housing in the Town of the type which will be afforded by the Manos development , and 7 . Cornell University has been interested in the development of these lands because of their proximity to the South Hill Swamp and a parcel of land having ecological significance which is owned by Cornell University , Tax Parcel 6 - 44 - 1 - 3 ; but Cornell and the applicant have reached mutual agreement regarding pertinent aspects of the construction , development , and use of lands for the purposes of this project , including , amongst other matters , the setting apart by the applicant of a buffer zone , shown on the site plan filed in the office of the Town Engineer ® January 18 , 1983 , and containing approximately six acres , and adequate provisions for drainage and limitation on the construction and use of a twenty- five ( 25 ) foot lane in or adjacent to the buffer , and a further limitation on permitting pets and the use of herbicides , pesticides , chemicals and similar matters ; THEREFORE , IT IS RESOLVED AS FOLLOWS . 10 The Town Attorney shall prepare an ordinance or local law which shall provide for the amendment of the Zoning Ordinance of the Town of Ithaca by changing the parcel consisting of 30 + acres , Tax Parcel 6 - 44 - 1 - 4 . 31 as shown on the maps and site plans submitted to and approved by the Planning Board and now on file in the Town Offices from Residential 15 to Multiple Residence , with particular reference to the following conditions and matters : A . The applicant shall submit a surveyor ' s map satisfactory to the Town Engineer and Town Attorney together with a proposed description which will sufficiently identify the rezoned parcel , and • Be The project shall be constructed , developed and used in accordance with the site plans approved by and filed with the Planning Board , and in accordance with the site plans approved by and filed with the Planning Board , and in accordance with the final landscaping , engineering , and site Plans which reflect all the concerns and requirements of the Planning Board concerning fire safety , environmental duality , energy efficiency , aesthetic suitability , and protection of parking areas , soil stabilization of disturbed grounds and other matters which fall within the Planning Board ' s properly delegated site plan review powers , and in accordance with the conditions of this resolution , and the conditions , provisions , and requirements of all applicable laws , ordinances , codes , rules and regulations , ® and C . With particular relevance to ecological matters , the applicant shall comply with the requirements and mitigating measures set forth in Part III of the Environmental Assessment Form filed in the SEQR procedings conducted by the Planning Board on January 18 , 1983 , and , without limiting the generality of any other provisions contained in this resolution , i . The applicant shall maintain the buffer zone consisting of about 6 acres on the westerly side of the applicant ' s lands as shown on the site plans and maps such parcel shall be maintained in its natural state and no trees or shrubbery shall be cut except as may be required by good forest management practices ;no improvement shall be erected thereon and suitable signs shall be erected identifying the perimeter of the parcel and forbidding trespassing , and Town Board Minutes - 8 - February 7 , 1983 ii . The applicant may construct a driveway running northerly from East King Road along the easterly side of the said six acre parcel shown on the site plan and map , such road shall be constructed in accordance with the specifications of the Town Engineer and shall not exceed twenty - five ( 25 ) feet in1 width , and iii . The use of such driveway shall be limited to access for persons and vehicles to and from East King Road to the northerly portion of only those lands of the applicant which are the subject of this resolution and it may not be extended beyond the northerly boundary of such lands of the applicant , and ® iv . The driveway is for the benefit of the owner of the subject parcel and the occupants _ of such lands ; _ no right to use such driveway for the benefit of or for ingress to or from any other land shall be permitted , and v . Applicant has informed the Town Board that he has an option to acquire adjacent lands on the north of the subject parcel , the description and area of which have not been divulged to the Town , this section of the resolution is not intended to deprive the present applicant of his right to seek . a review of the provisions concerning the driveway , whether in connection with an application for a site plan or subdivision approval or otherwise , and the proposed legislation should contain certain provisions that will insure that additional use of the driveway , as now approved , through the subject parcel shall be reviewed by the Planning Board , only if the present applicant seeks such review in connection with the acquisition of title to the adjacent lands on the north by the present applicant and that whether or not such additional use shall be permitted is not guaranteed in advance but shall be a matter of determination by the appropriate governmental body at the time , and vi . With the exception of pets such as birds , fish or caged animals , pets shall not be permitted on the premises ; the intention of this restriction is to prohibit the presence of animals which may cause ecological damage to flora and fauna in the swamp area , and Vile The applicant ' s leases shall contain suitable provision prohibiting pets and advising occupants about the conditions against trespassing in the buffer area and stressing the importance of protecting the South Hill Swamp from any adverse impact because of unauthorized use by ® the public , and viii . The Applicant agrees to minimize the use of pesticides and other chemicals such as road salt or calcium throughout the project area in order to limit the possibility that significant levels may intrude into the groundwater of the South Hill Swamp and thereby alter the ecological balance within the sensitive area , and X . The applicant agrees to consult and work with the staff of the Cornell Plantations or other Cornell representatives in order to insure the continued hydrological integrity and stability of the South Hill Swamp , and D . The proposed legislation shall provide that the change in zoning from Residential 15 to Multiple Residence Town Board Minutes - 9 - February 7 , 1983 District has been enacted by the Town Board on the condition that no buildings and residential units in excess of those approved by the Planning Board , and by this resolution , shall be permitted and that the construction , development and use must comply in all respects with the site plans and conditions of approval and rezoning adopted by the Planning Board and the Town Board and no variance in the construction , development and use of the parcel shall be permitted except as may be permitted by the Town Planning Board with the approval of the Town Board , E . In the event that the entire parcel or portion thereof is sold or otherwise transferred to a party other than Bill J . Manos while any portion of the land remains ® undeveloped , in accordance with the site plans and conditions and agreements referred to in this resolution , then the portion of the lands which remain undeveloped shall revert to a Residential . 15 District and the development thereof as a Multiple Residence District shall be permitted only after an applicant for approval of site plans and other matters in accordance with all lawful requirements . F . The foregoing provisions shall also be deemed to be findings , agreements and conditions on the basis of which this resolution was adopted . G . This resolution does not constitute an amendment to the Zoning Ordinance but is instead an authority to the Town Attorney and Planning Staff to prepare suitable legislation relating the the above proposal , keeping in mind the matters concerning which the Town Board has particular concerns . Supervisor Desch called for a roll call vote . Councilman Cramer Voting Aye Councilman Jennings Voting Aye Councilwoman . Kiefer Abstaining Councilman Kugler Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye The Resolution was thereupon declared duly adopted . COMMONLAND COMMUNITY REVIEW OF DECLARATION AND BY -LAWS Supervisor Desch stated that the resolution for consideration tonight reflects the Town Boards feelings to contain control of density , etc . Councilwoman Raffensperger , speaking to the Town Attorney , said that because of some public confusion , it should be noted that the Town Board is , by this action , neither approving nor disapproving the Commonland Community subdivision proposal . It is her understanding that the approval has been given by the Planning Board which has the sole authority to so do so and that the Town Board is exercising only a right to review and approve the Declaration of Covenants and Restrictions and those sections of the By - Laws in which the Town , the public , has interest . The Town Attorney answered , you are correct , the Planning Board already had the authority to approve the Commonland Community subdivision proposal . Town Board Minutes - 10 - February 7 , 1983 Mr . Peter Walsh , attorney for Mr . Weisburd , stated that the Declaration was not an instrument of control by the Town Board . It was required only by the State of New York . The Declaration binds the property when no deed is given . Paragraph one on page one shows that all applicable State laws and regulations have been adhered to . Somebody in the City felt we were not informed of the State Regulations pertaining to the watershed , so I added them . Town Attorney James Buyoucos stated that there is no law requiring this to be done , so there is no reason for the developer not to let people know how much he went through to obtain permission to build . ® Mr . Walsh questioned Article II , Section B . that no antennae shall be erected on the premises without a Special Permit from the Planning Board , Councilwoman Kiefer , referring to Page 3 , Section III , asked why the Town Board has not seen all the Exhibits , Descriptions and Development Plans referred to ? Attorney Buyoucos said there are still blanks in the Declarations - we still need description of : ( 1 ) total development number of , ( 2 ) Phase II . Councilwoman Kiefer asked about . Page 2 , # 2 in reference to the Planning Board ' s final site approval and noted that the Planning Board Resolution referenced ( especially # 7 ) there are no specific conditions spelled out to protect the fragile lands ; she deems this an unfortunate omission and regrets the Town Board can do nothing about it . Supervisor Desch responded that the project has access to cable television . We want -to make sure that no one erects unsightly antennae . If the Association wants to install a dish antennae , they would need to go before the Planning Board to obtain a permit . Supervisor Desch suggested that the word external be added . The last sentence in Section 7 , Article B was deleted . Also Section IV , Number 1 'was deleted . Section 2 became Section 1 and Section 3 became Section 2 . " Any violation of " was deleted from Section 2 . The resolution was then moved as amended , RESOLUTION NO , 14 Motion by Supervisor Desch ; seconded by Councilman Cramer , COMMONLAND COMMUNITY REVIEW OF DECLARATION AND BY -LAWS Upon review of the Declaration and By - Laws , IT IS RESOLVED AS FOLLOWS : I . Declaration of Covenants and Restrictions shall be amended to contain the following provisions : A . A separate Article shall be added entitled substantially " CONDITIONS UNDER WHICH THE COMMONLAND COMMUNITY PROJECT HAS BEEN APPROVED . " This article shall contain provisions substantially as follows : Town Board Minutes - 11 - February 7 , 1983 le The Project ' s environmental impact was extensively reviewed . Environmental concerns arose , in large measure , . from the proximity of the Project to the City of Ithaca ' s water supply property . The Town Planning Board rendered its determination as to the Environmental . Impact of the Project based on the determination that any adverse impact of the Project would be controlled by the adoption and implementation of mitigating measures which appear or are referred to in Part 3 of the Environmental Assessment Form ( see minutes of the Planning Board meeting held on October 5 , 1982 ) . Among other requirements were that the owners and managers of the Project will exercise reasonable control with respect to access to the City of Ithaca ' s Water Supply Property by the occupants of Commonland Community and on uses and activities by persons such as those which may lessen the risk of drainage and erosion problems , the control of open fires and other acts which might contaminate ' or otherwise damage the City ' s water supply . While it is the responsibility of the City of Ithaca to prohibit or control the use of and access to the Water Supply Property which it owns , and to enforce all state and local rules . and regulations applying to its water supply , the Town Board reserves the right in cooperation with the City of Ithaca to recommend the enactment or adoption of such measures as it deems reasonable to regulate conduct and uses which might have an adverse environmental impact on the City ' s Watershed area as well as other properties in the vicinity and to preserve open spaces and to maintain the project and use the land in a manner to preserve it as an attractive community in reasonable harmony and compatible with the topograahy and to maintain the ambience of this section of the Town of Ithaca as an attractive residential community . A copy of State Regulations governing the City of Ithaca Watershed and Water Supply Property shall be made available to occupants and shall be part of the portfolio of the Resident ' s Association Board of Directors . 29 The Project required review and approval by the Town of Ithaca Planning Board ; final site approval was given on February 1 , 1983 , subject to the conditions , agreements and findings referred to in the resolution of granting such approval . 3 . It is expected that the occupants either as owners or tenants individually and collectively through their Resident ' s Association will comply with all conditions and requirements of the several approvals . ® 49 Article XV of this Declaration of Covenants and Restrictions governs the conditions of Rental and Occupancy . Requiring compliance with the provisions of this Article were an essential condition of approval of the Project . It is expected that these requirements will be strictly enforced . 50 A copy of this Article shall be delivered to each owner or lessee who shall sign an acknowledgement that he has received a copy . 60 No one shall occupy any unit as owner or tenant unless he has applied for and received a Certificate Of Occupancy or Compliance . 70 Section 3 of Article XVII shall be amended by adding subdivisions substantially as follows : Town Board Minutes = 12 - February 7 , 1983 A . Article XV shall not be amended without the approval of the Town Board , Be This Declaration and all its provisions are subject to the requirements of all applicable statutory and common law and codes , ordinances , rules and regulations and the conditions and provisions under which this Project was approved herein collectively referred to as legal requirements . 8 . Article XVII shall be further amended by the inclusion of a provision that the Town of Ithaca reserves the right to enact any rules or regulations to enforce the provisions of the separate Article referred to in Paragraph " A. " above , by local law , ordinance , resolution or otherwise . II . Article XIV shall be amended by adding thereto provisions : A . That no mobile homes shall be brought upon , erected or maintained upon the premises . Be No external antennae for the receipt of or transmission of any radio or television signals shall be erected or maintained on the premises or on any portion thereof except by Special Permit of the Planning Board , III . The approval of the Declaration shall not be final until all Exhibits , Descriptions and Development Plans have been set forth in full in the Declaration to the reasonable satisfaction of the Town Engineer and Planner in consultation with the Town Attorney , IV . A . The By -Laws of the Community Resident ' s Association shall be amended to contain substantially the following provisions : 1 . The By -Laws shall be subject to the conditions , agreements , provisions and requirements included in the determinations and approvals of the . Project made by the Town of Ithaca and its agencies . 2 . The Board of Directors of the Resident ' s Association shall investigate any complaint or other matter referred to it by the Town of Ithaca and shall take reasonable measures to enforce any lawful requirement as referred to in this resolution . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . ® ADOPT MATURITY SCHEDULE FOR SALE OF BONDS RESOLUTION NO , 15 Motion by Supervisor Desch ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the adoption of the Maturity Schedule as proposed by Bernard P . Donegan , Inc . , ( copy attached ) in connection with the proposed Water/ Sewer Serial Bond Sale . Suggested date of sale is May 12 , 1983 , closing date of June 2 , 19830 Councilman Jennings noted bonds being due January lst , and commented that that was a difficult cash flow time ; he suggested this bond have a June maturity date . Town Board Minutes - 13 - February 7 , 1983 Supervisor Desch responded there are advantages to January because you have a year to accumulate interest on the revenues raised the year before , but he said Councilman Jennings point is well taken , and commented that it may be feasible to have the same schedule as Bolton Point ( February 15 and August 15 ) . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings Aye . Nays - none ) . ® CONDEMNATION PROCEEDINGS FOR ITHACA AREA WASTEWATER TREATMENT FACILITY . ® Town Attorney James Buyoucos stated that the technical _ easement for the outfall project crosses Cascadilla Creek between two building of Johnson Boat House , The Board of Public Works , being the lead agency , will publish all legal notices and hold the public hearing for the City of Ithaca , Town of Ithaca and the Town of Dryden . He went on to say that negotiations for the acquisition of the easement were being held during the process of acquiring the rights of the land . Interest in the property will be owned by the —-- rnunicipali. ties . The City of Ithaca , Town of Dryden and Town of Ithaca will need to have on record , the adoption of the resolution authorizing the proceedings pursuant to the Eminent Domain Law , in case such proceedings become necessary . Supervisor Desch noted that condemnation and / or acquisition proceedings for the easement are part of the application for funding . Councilman Cramer asked if any building are effected , and was told there are none . Councilwoman Kiefer asked about the likelihood of successful negotiations . Both Attorney Buyoucos and Supervisor Desch are increasingly optimistic . ITHACA AREA WASTEWATER TREATMENT PLANT PROJECT FOR A JOINT PROJECT OF THREE MUNICIPALITIES : THE CITY OF ITHACA , THE TOWN OF ITHACA , AND THE TOWN OF DRYDEN RESOLUTION AUTHORIZING PROCEEDINGS PURSUANT TO EMINENT D014AIN LAW , RESOLUTION NO , 16 Motion by Supervisor Desch ; seconded by Councilman Kugler , ® WHEREAS : 1 . The law firm of Buyoucos , Barney , Grossman & Roth as Project Counsel has been authorized to proceed in connection with negotiations for the acquisition and / or condemnation of lands for the above intermunicipal sewer project for the City of Ithaca and the Towns of Ithaca and Dryden , and Town Board Minutes - 14 - February 7 , 1983 2 . Project Counsel has advised the municipalities that negotiations are being actively pursued by the representatives of the municipalities with Pierce and Cleveland , Inc . , owners of the lands in the City of Ithaca on which is located Johnson ' s Boatyard on Cayuga Inlet and Pier Road , for the acquisition by agreement of a permanent easement for an underground outfall pipe leading northerly from the proposed new sewer plant first across Cascadilla Creek and then across Johnson ' s Boatyard and ultimately to Cayuga Lake , and for a temporary easement required to perform work in connection with said easement , all as more ® particularly shown on a survey map entitled " Outfall Easement Johnson ' s Marina " made by the Office of the City Engineer , file number E3274 - B , approved 1982 , revised ® January 18 , 1983 and also shown on engineering plans on file in the City Engineer ' s Office , and 30 Project Counsel advises the municipalities that they must also take whatever steps are required by the Eminent Domain Law of the State of New York for the purpose of acquiring all interests and land required for the above public project , and 4e The Board of Public Works will hold a public hearing in accordance with and for the purposes set forth in the provisions of Article 2 of the Eminent Domain Law ( EDL ) on February 23 , 1983 , at 4 : 00 P . M . , in the Common Council Chambers , 108 East Green Street , Ithaca , New York and that notice of such public hearing shall be published by the City Clerk of Ithaca , which pul_) lic hearing shall be conducted by the Board of Public Works in behalf of the City of Ithaca and the Towns of Ithaca and Dryden , the participating municipalities in the intermunicipal sewer project and shall make all determinations and findings required by Article 2 of EDL and forthwith publish a brief synopsis as required by such Article , and 5 . The Board of Public Works at a regular meeting thereof held on January 27 , 1982 , adopted a resolution incorporating substantially the above matters , IT IS RESOLVED AS FOLLOWS : 10 The Towns of Ithaca and Dryden , respectively , confirm the above actions taken by the Board of Public Works regarding the acquisition of easements as may be required for the purpose of the above project , and more specifically , the holding of a public hearing as required by the Eminent Domain Law , and 2 . Project Counsel is authorized to proceed and take whatever action is required in connection with the above ® public hearing and proceedings subsequent thereto including authorization to proceed with further condenmation proceedings for the acquisition of the easement herein above described and for the acquisition of any other interests in land , which may be required for the above project , if and when such proceedings may be required and upon consultation with the participating municipalities or their duly designated agent or agency with whom Project Counsel may consult . 3 . By adopting this resolution and holding the hearing , the municipalities do not waiver their right to assert that they are exempt from holding the hearing pursuant to the provisions of Section 206 , Eminent Domain Law by virtue of any previous hearing or hearings held or conducted . Town Board Minutes - 15 - February 7 , 1983 49 This resolution is in addition to and not in any limitation of any previous authority granted by the municipality adopting this resolution authorizing the, municipalities to take all steps , • proceedings , including actions and lawsuits , which may be required under the provisions of the Eminent Domain Law , in order to acquire all necessary easements for the above project . 5 . The municipality adopting this resolution hereby also adopts and confirms the publication of the notice of ® hearing as stated above . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . DOPTION OF A LOCAL LAW REGULATING PARKING IN SAFETY ZONES IN THE EAST HILL PLAZA SHOPPING CENTER Proof of posting and publication notice of a . Public Hearing , to consider a local law regulating parking in , safety zones in the East Hill Plaza Shopping Center having been presented by the Town Clerk , the Supervisor opened the public hearing at 79. 00 P . M . The Supervisor stated that Mr . Stewart Knowlton has seen and approved of the map and law , as proposed . He went on to say that the Codes & Ordinance Committee had spent a considerable amount of time preparing the law and Michael Ocello had prepared the map showing safety zones , which are twenty feet from the outside of the building . Councilwoman Raffensperger congratulated the Codes & Ordinance Committee and the Town Attorney for the prompt way in which they proceeded in producing this very needed . local law . And , she stated that she hoped we get as much cooperation from the owners when we approach them for any change in access to improve exit and entrance safety . The Supervisor closed the hearing . LOCAL LAW NO . 1 - 1983 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , LOCAL LAW NO . 1 - 1983 ® A LOCAL LAW ON SAFETY ZONES IN EAST HILL PLAZA SHOPPING CENTER SECTION 10 PURPOSE ® The purpose of this Local Law is to protect the health, safety , and general welfare of the residents of the Town of Ithaca and their property by regulating parking on the interior streets , roadways or driveways in the East Hill Plaza Shopping Center parking areas where traffic congestions may impede the passage of fire - fighting and safety equipment . This Local Law is adopted pursuant to Section 1660 - a of the Vehicle and Traffic Law of the State of New York upon the written request of the owners and persons in charge of the East Hill Plaza Shopping Center , SECTION 2 . SAFETY ZONES A . Parking areas , interior streets , roadways and driveways in the East Hill Shopping Plaza are designated as safety zones . Town Board Minutes = 16 - February 7 , 1983 Be Pursuant to the request of the owners and / or persons in charge of said shopping center , the Town Board of the Town of Ithaca designates specific portions of the safety zones up to and including twenty ( 20 ) feet from the . outside face of the outside wall of the building , excluding the promenade , in the East Hill Plaza Shopping Center as restricted areas as shown on the attached drawing . Parking of motor vehicles in restricted areas is prohibited . Vehicles parked or abandoned in restricted areas may be removed by towing at the direction of the owners and / or persons in charge of the shopping center . Cost of towing ® and all storage expenses shall be at the expense of the owner of the vehicle . ® C . Notwithstanding the foregoing , buses , vans or other vehicles operated by public agencies or non - profit organizations and used for the transportation of the handicapped shall be entitled to stop in restricted areas for the purpose of taking on or discharging handicapped passengers , provided , however , that such vehicles shall be continuously in the control of a duly licensed operator and the engine of such vehicle shall not be shut off unless operation of the engine during discharge or taking on of passengers poses a hazard t. o the passengers . SECTION 3 . SIGNS AND MARKINGS Such restricted areas shall be marked with standard police signs and markings indicating that the ' area is a restricted zone , restricted fire zone or lane and subject to towing . Signs and markings shall be supplied and installed at the Town ' s expense . In addition , appropriate signage as required by the State Building Construction Code C215 - 1C shall be provided for handicapped parking spaces as designated by the owner of the East Hill Shopping Plaza pursuant to Vehicle & Traffic Law Section 1203 - c . The cost of such signage and its installation shall be borne by the owner of the shopping center , SECTION 4 . ENFORCEMENT Any peace officer of the State of New York or the County of Tompkins shall administer and enforce the provisions of this Local Law , and for such purpose shall have the authority to, issue appearance tickets pursuant to Article 150 of the Criminal Procedure Law . Appearance tickets may require payment by mail of a designated fine or appearance in the Justice Court of the Town of Ithaca and shall be in such form as may be prescribed by the Town Justice of the Town of Ithaca . SECTION 5 . VIOLATIONS AND PENALTr ! A violation of this Local Law shall constitute a violation as the same is defined in the Penal Law of the State of New York , and shall be punishable by fine or other penalty as provided for in the Penal Law for a violation . SECTION 6 . VALIDITY If any section , paragraph , subdivision , clause , phrase or provision of this Local Law shall be judged invalid or held unconstitutional by a court of competent jurisdiction , it shall not affect the validity of this Local Law as a whole or any other part or provision thereof . Town Board Minutes - 17 - February 7 , 1983 SECTION 7 . EFFECTIVE DATE This Local Law . shall be effective immediately upon adoption by the Town Board of the Town of Ithaca and suitable . posting of restricted areas . 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 - 1983 , was thereupon declared duly adopted . REFUND- ON WATER AND SEWER BENEFIT UNITS RESOLUTION NO , 17 Motion by Supervisor Desch ; seconded by Councilman Jennings , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund in the amount - of $ 52 . 00 for one unit of water benefit assessment and $ 50 . 00 for one unit of sewer benefit assessment totalling $ 102 . 00 , charged on the 1983 Town and County Taxes , to Anthony F . Parise , 11 Lisa Lane , ( Tax Parcel No . 6 - 71 - 1 - 9 . 9 ) , due to the fact that the basement apartment remains unfinished and , therefore , unoccupied . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . RESOLUTION NO , 18 Motion by Councilwoman Raffensperger ; seconded by Councilman Kugler , WHEREAS , the following property owners were charged for water and / or sewer benefit on their 1983 Town and County Tax Bills as stated on the attached listing , and WHEREAS , a reduction of charges seems in order for the particular reasons stated on each instance of the . listing , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca approves of the refunds in each instance as stated on the attached list when and if the Tax Bills are ®, paid in full by each property owner listed . Councilman Cramer questioned refunds for Tax Parcels No . 48 - 1 - 4 and 48 - 1 - 11 . 1 on the Coddington Road , Town Engineer Fabbroni stated that the old railroad right - of -way caused the land to drop off and , therefore , be undevelopable . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . SPECIAL JOINT SUBCOMMITTEE APPOINTMENT Supervisor Desch stated that Bob Allan has asked to be replaced on the SJS and that on several occasions Roger Joseph expressed interest in the SJS project . Town Board Minutes - 18 - February 7 , 1983 RESOLUTION NO . 19 Motion by Supervisor Desch , seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the appointment of Roger Joseph , 206 Northview West , as the Town of Ithaca representative on the Special Joint Subcommittee for the Ithaca Area Wastewater Treatment Facility . ® ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . ® HIGHWAY ENCROACHMENT Town Attorney James Buyoucos stated that the last time there was an encroachment on Forest Home Drive the procedure followed was to schedule a public hearing to consider granting an easement . Please keep in mind , the possibility of the Town wanting to widen the road , in this spot , at sometime in the future . Ivir . Buyoucos went on to say that a house and lot owned by Thomas and Jan Wolski appears to encroach within the right - of -way of Forest Hone Drive , but not within the paved area . This may render their house as unmarketable and , therefore , they seek a right - of - way to maintain the structure in the present location and to maintain the structure as it now stands . Mr . Buyoucos stated that the Town Board will hold a public hearing to consider the advisability of whether or not the Town should grant to the owners of this property the right to maintain the existing structure in its present location by a lease or . otherwise under such conditions as the Town Board shall approve . The Town Clerk and the Town Attorney shall prepare a proper notice of the public hearing in the above matter . RESOLUTION NO . 20 Motion by Supervisor Desch ; seconded by Councilman Jennings , RESOLVED , that the Town Board of the Town of Ithaca will meet and hold a public hearing at 7 ; 00 P . M . , on March 7 , 1983 , at the Town Hall , 126 East Seneca Street , Ithaca , New York , to consider the advisability of granting to the Thomas ® and Jan Wolski , a lease to maintain their property in its present location . ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . Attorney Buyoucos stated that his firm represents the Wolski ' s . Councilman Jennings asked if Buyoucos , therefore , had a conflit ? Attorney Buyoucos answered , no he will protect the Town . Councilman Jennings asked if granting a permanent easement would restrict the Town ' s future right of condemnation ? Both Supervisor Desch and Attorney Buyoucos said it would . not . Town Board Minutes - 19 February 7 , 1983 PUBLIC HEARING - DEFENSE OF PUBLIC OFFICERS Proof of posting and publication notice of a Public Hearing to consider a local law on the Defense of Public Officers having been presented by the Town Clerk , the Supervisor opened the Public Hearing at 7 ; 30 P . M . �- No one present wished to speak , therefore , the Supervisor closed the hearing . Councilwoman Kiefer referring to g 1 , noted that the proposed law varies the provislOns of Section 18 of the State Law ; she questioned why ? Town Attorney Buyoucos answered , this is protection for the ® taxpayers . Councilwoman Kiefer , referring to Section I . b . , which says the Town will provide a degree of protection in cases when no insurance is provided , asked if the insurance company provides a list of what is excluded . Attorney Buyoucos answered , no the insurance company does not provide a list . But in the policy , there is language about what the compnay is not liable for . Councilwoman Raffensperger asked , is it a broad category , what is covered and what is not ? Supervisor Desch responded , most everything is covered . Councilwoman Kiefer asked if we might not all read the Policy . beroare voting on this . The Town Attorneys' d: that it -the . Board wanted to adjourn. the hearing and continue .. at .a later timed after they have had more time it was okay with him , Supervisor Desch said this is not a good idea . Councilman Jennings noted that he hated to postpone the hearing as this is the third time we have discussed the matter ° Councilwoman Kiefer pointed tolanguage that says the Town Attorney will be included as a Town employee rather than as an Independent Contractor , and noted that if the applicant feels there is a conflict of interest and chooses another attorney , then the other attorney would be an independent contractor ? Mr . Buyoucos answered , only the Town Attorney is an employee . Do you want the Town Attorney covered or not ? Section 2 . , c . , ( iii ) varies from the State law , I don ' t know if you . want the Town Attorney covered or not . Councilwoman Kiefer said the Board should recognize the variance from State Law and consciously decide whether or not to carry the Town Attorney , Supervisor Desch stated that he felt -the Town Board was trying to make a conscientiouse effort to cover the Town Board , Councilwoman Raffensperger questioned under what circumstances would the Town Board refuse to defend an eirtp 1 oye e ? Town Attorney Buyoucos responded , if the person did not act under the scope of his office or in violation of his office . . . Town Board Minutes = 20 - February 7 , 1983 Councilwoman Raffensperger stated that it would be very difficult to envision when this would happen . It would take a very specific act not to defend , not just the fact that you did not like the person . Councilwoman Kiefer questioned why it ' was necessary to notify the Town Clerk not later than 48 hours after service of receipt of any document ? Why not as soon as possible or in less than 10 days > Town Attorney Buyoucos stated that we wanted to put the pressure on . Supervisor Desch noted that if this Board needs to be ® called , you have already lost 72 hours . It is in the employees best interest to make the time as short as possible . Councilwoman Kiefer asked who choses the other counsel ? Town Attorney Buyoucos answered , the Town Board may , upon recommendation of the Town Attorney , Councilwoman Raffensperger noted that the language does not mean that the employee could not chose his own attorney . Councilwoman Kiefer pointed to Section 5b , where the language clearly discrim:i. riat. es against an employee if the employee is a union member by not automatically covering that employee but makirig coverage a bargaining chip . Councilwoman Kiefer asked to strike Section 5b , Supervisor Desch stated thF.tt regardless whether or not the employee was a member of the union , he would like to see section 59b . , removed . Councilwoman Kiefer noted that Section 8 . a . , sounded like any court settlement had to be approved by the Town Board , Attorney Buyoucos responded that a settlement had nothing to do with the court , this refers to a settlement outside of the court . Councilwoman Kiefer stated that she did not understand the need for Section 11 , Town Attorney Buyoucos responded that it makes no difference to him if the Board wanted this section removed . If we have any rights under any other law we will take advantage of . ® them . Attorney Buyoucos then said he will continue working on this law ; he may come . back with an entirely new version in a few months , therefore , he doesn ' t care if the Board adapts it today or not . Councilwoman Kiefer asked to defer the vote . Supervisor Desch suggested we need something on the books , . said a raoll call vote is in order . LOCAL LAW NO . 2 - 1983 Motion by Councilman Jennings ; - Kugler , seconded by Councilman Town Board Minutes - 21 - February 7 , 1983 LOCAL LAW NO . 2 - 1983 A LOCAL LAW . PROVIDING FOR THE LEGAL DEFENSE AND INDENMIFICATION OF TOWN OF ITHACA OFFICERS AND EMPLOYEE$ . SECTION 1 . PURPOSE OF LAW a . The State of New York has enacted Section 18 of the Public Officers Law to authorize municipalities to provide for the defense and indemnification of municipal officers ® and employees , as they are defined in such law . This Local Law is adopted for the purpose of providing defense and indemnification for such employees and for persons who are otherwise officers and employees of the Town within the ® meaning of the law . The Town in the due exercise of its powers , has enacted this law which varies the provisi e ons of such Section 18 in order to provide such defense _ and indemnification in a manner consistent with the Town ' s resources , the insurance coverage available , and the number , functions and operations of employees as defined by this law . b . It i-s the Town ' s policy to ( i ) provide a degree of protection to the persons covered by this law without unduly exposing the Town to obligations to pay or indemnify in all cases whenever a municipal employee is sued , as for example , in cases when no insurance is provided ; and ( ii ) to maintain the Town ' s fiscal soundness and to insure the ability of the Town to provide municipal services at reasonable tax rates . Accordingly , this Local Law contains provisions which are in addition to those of Section 18 and which vary some of the provisions in Section 18 . SECTION 2 . DEFINITIONS a . The term " Town " shall mean the Town of Ithaca . b . The term " insurance carrier " shall mean any insurance company which provides coverage for any liability which the Town may incur under this law and which undertakes or is required to undertake the defense of any employee as herein defined . C * As used in this Local Law , unless the context otherwise requires , the term " employees " shall mean any person holding a position by election , appointment or employment in the service of the Town , whether or not compensated ; without 6 limiting the generality of the ® foregoing , the term shall also mean any employee of the Town or of any of its boards or agencies , or any officer of the Town , or his or her deputy , any Town Councilman , a commissioner of the Town , or his or her deputy , or any ® member of any public board of the Town or any agency or commission of the Town . The term " employee " shall also include ( i ) any volunteer acting in behalf of the Town who has been duly and specifically authorized by the Town to participate in a volunteer program sponsored by the Town , and ( ii ) any former employee or his estate or judically appointed representative , ( iii ) the Town Attorney or any duly licensed attorney at law or law firm acting generally as attorney ( s ) for the Town in substantially all matters and who is not specifically employed for the defense of any such employee . Any other independent contractor shall not be deemed to be an employee of the l aw . Town for purposes of this —ice Town Board Minutes - 22 - February 7 , 1983 SECTION 3 . SCOPE OF DEFENSE AND INDEMNIFICATION a . Subject to the provisions of this law and upon compliance by the employee with the provisions of this Local Law , the Town shall provide for the legal defense of the employee in any civil action or proceeding in any state or federal court or before any agency of the state or the United States , or of any political subdivision of the state , which arises out of any act or failure to act alleged to have occurred while the employee , acted or in good faith ® purported to act , within the scope of his public employment or duties as an employee of the Town . Such legal defense shall not be provided where any action or proceeding is brought by or on behalf of the Town : Except as otherwise provided by Public Officers Law , Section 18 , or this Local Law , the duty of the Town to indemnify or save harmless an employee shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee in the judgment of the Town Board . b . The Town ' s duty to defend or indemnify shall be further conditioned upon ( i ) the delivery by the employee to the Town Supervisor , with a copy to the Town Clerk , of a written request to provide for his defense , a copy of any summons , complaint , notice , demand , pleading or other process or any claim or notice of claim or any other demand or relevant document shall be delivered immediately upon receipt or service to the Town Clerk but not later than 48 hours after service or receipt of any process or other document , full( ii ) thfull cooperation of the employee in any action or proceeding against the employee or the Town . c . ( 1 ) Subject to the conditions set forth in this lace , the employee shall be entitled to be represented by the Town ' s Attorney . except that the attorney shall be the attorney designated by an insurance carrier , which provides coverage and undertakes the defense of any such action or proceedings if such carrier requires that counsel normally retained by such carrier shall conduct the defense ; in such case , the attorney ' s fees and other legal expenses shall be paid by the carrier . Furthermore , if the Town or the Town ' s attorney determines that he or any other attorney conducting the defense may have a conflict of interest , which may affect such defense , he may recommend that other counsel be retained for the defense of the employee subject to the approval of the Town Supervisor or the Town Board . A reasonable estimate or fixed fee , as the case may be , for the services of such ® other counsel , shall be agreed upon , as soon as expedient , and the Town shall pay such legal costs . c . ( 2 ) If the employee has reasonable grounds to believe that the attorney defending the employee may have a conflict of interest which would materially or significantly affect such defense , the Town employee may commence a . proceeding in the State Supreme Court by notice of motion or order to show cause for the Court to review and render an appropriate decision . c . ( 3 ) Upon recommendation of the Town ' s attorney , the Town Board may require , as a condition to the defense and the payment of expenses or other liability incurred under this law , the multiple employees or appropriate groups of employees be represented by the same counsel . Town Board Minutes - 23 - February 7 , 1983 SECTION 4 . PROCEDURES a . The Town , at its option , may refuse , without any liablility to an employee , to discharge any duty it may have to defend and indemnify an. employee under this law unless : ( 1 ) the employee complies with the provisions of this law including those set forth in Section 3 . b . , above and ( 2 ) the Town Board , under the provisions of this Local Law , determines to provide for the legal defense and indemnification of the employee . The delivery of documents ( described in Section 3 . a . , ) to the Town by the employee shall be deemed to be a request by the employee that the Town provide for his or her defense pursuant to this law unless the employee shall state in writing that a defense is ® not requested . b . The Town Clerk or the Town Supervisor , with the assistance of the Town ' s attorney , shall immediately attempt to confirm the date ( s ) on which any such documents were delivered to or received by the employee and the employee rust . sign an affidavit setting forth the date ( s ) , time and place of such receipt or service , the manner in which such service was made , the name , if , known , of the party making such service and such other information as the Town ' s attorney may require . The Town Clerk shall enter all pertinent information in a book or journal kept by the Clerk for the filing of notices of claim against the Town . In addition , the Town Clerk shall immediately establish a separate file for each separate claim , action or proceedings in which shall be kept a copy of all documents , notes , memoranda , correspondence and other items• relating to the defense of the employee as may be received by the Town . c . The Town Clerk shall also establish ( i ) a general file entitled " Municipal Liability to Defend and Indemnify Town Employees " in which shall be kept a copy of this law and memoranda , legal opinions and other matters relating to this law and ( ii ) a file in which shall be filed additional copies of any insurance policy and other matters and correspondence relating to insurance coverage . Notice of delivery of documents ( Section 3 . b . , ) and copies thereof will be delivered to the Town ' s attorney and to any insurance carrier , or its local agent , and to counsel other than the Town ' s attorney who may have been retained to defend the employee , all in accordance with such regulations or directions as the Town attorney and with the Town Clerk may prepare . ® d . Notwithstanding any other provisions of this law to the contrary , the Town Board , at its option , may conduct such additional investigation , if any is required , with the ® assistance of the Town ' s attorney , to determine whether or not the Town shall undertake the defense and indemnification of the employee . The Town Board shall inquire into such material facts as the good faith and conduct of the employee , the employee ' s prior employment history , and whether or not the employee was acting or purported to act within the scope of his duties and any other facts which the Town shall consider relevant . Any determination by the Town Board not to defend or indemnify an employee shall . be made as expeditiously as possible after the delivery of any legal process to the Town Clerk or Town Supervisor and within such time period as the Town attorney shall advise . The Clerk or Town Supervisor shall immediately notify the employee in writing following any determination or decision made by the Town Board . Nevertheless , the Town shall take the necessary steps on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to tahe obligation to provide for a defense . Town Board Minutes - 24 - February 7 , 1983 SECTION 5 . MISCELLANEOUS a . Benefits of this Local Law will inure only to an employee as defined herein and shall not enlarge or diminish the rights of any other; party nor shall any provision of this Local Law be construed to affect , alter or repeal any provisions of the Workmen ' s Compensation haws, be Benefits of this Local 'law shall be, extended to an employee of a negotiating unit J.o :r which an agreement has ® been negotiated pursuant to Civil Service Law , only if such agreement expressly so provides . c . No provision in this law shall affect the ® obligation of any claimant to give notice to the Town of the assertion of any claim under anyxrovision of any applicable law . SECTION 6 . REQUIREMENT OF INSURANCE COVERAGE Notwithstanding any other provis :i. ozj of this law , the Town shall not be obligated to defend or indemnify expect at its option an employee under the provi isions of this law unless the liability of the Town for such defense and indemnification is covered by an insurance policy and unless an insurance carrier is required to and does undertake the defense of any action or proceeding brought against the employee . The Town shall not be obligated to, pay , except at its option , the amount of any judgment in Texcess of the limits set forth in any such insurance policy ,. The exercise of the Town ' s discretion under the s section shall be solely i S}►_ 1' ., - � c Vii, SECTION 70 OBLIGATION OF INSURANCE, COMPANY a . The provisions of this J- aw shall not in any way impair , limit or modify the ob -I. J. gation of any insurance carrier to provide for the defense and indemnification of an employee under the terms of its insurance FROlicy with the `Town . In no event shall the insurance carrier be entitled to refuse to defend or indemnify the employee, because of the failure of the Town Board to make a determination as provided for in this law or the failure of the Town Board or the Town Clerk or any other Town officer or any employee , including an employee to comply with any other provisions of this law , SECTION 80 DEFENSE AND INDEMNIFICATIOIq SUBJECT TO DISCRETION OF TOWN BOARD a . If any action or proceeding is settled and such ® settlement is conditioned upon the payment of a sum of money by the employee , the duty of the Town to indemnify and save and hold harmless under this law shall be further conditioned upon approval of the amount and. other terms of the settlement by the Town Board . b . The Town shall not be required to. indemnify and save harmless an employee with repsect to punitive or exemplary damages , fines , penalties or for money recovered from an employee _ pursuant to the provisions of Section 51 of the General Municipal Law . c . The obligation of the Town to indemnify and hold harmless is subject to the limitations and provisions contained in all the provisions of this law . ®1 S. Town Board Minutes - 25 - February 7 , . 1983 SECTION 9 . COVERAGE The provisions of this law shall , at the option of the Town Board , apply to the defense or indemnification of any employee in any action or proceeding alleging a cause of action which arose or was commenced prior to the effective date of this law . SECTION 10 , SEVERABILITY The invalidity or unconstitutionality of a provision of this law shall not impair or affect the validity of any other provision of this law or the application of any such provision to any other person or circumstance . ® SECTION 114 . RELATION TO OTHER LAWS Except as otherwise provided by law , the provisions of this law shall not be construed in any way to constitute a waiver by , or to limit , alter , impair. or abrogate any defense , rights , benefits ; privileges or immunities to liability , available to or conferred upon the Town as a public entity or any of its units , agencies , officers or employees in accordance with any provision : of any statutory or common law . Supervisor Desch called for a roll call vote . Councilman Cramer Voting Aye Councilman Jennings Voting Aye Councilwoman Kiefer Voting Nay Councilman Kugler Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 2 - 1983 , was thereupon declared duly adopted . Councilman Jennings suggested that in the future the Town Attorney , when there is a public law , write notes to the Board Members as to why he deviated from the model law . Town Attorney Buyoucos responded that he had been working nights and weekends , etc . , on the Commonland and Manos projects with the Planning Staff and developers attorneys and that he did not have time . He further stated that he did not care if the Board wanted to adopt at a later date . TOWN OF ITHACA WARRANTS RESOLUTION NO , 21 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated February 7 , 1983 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . $ 25 , 216 . 75 General Fund - Outside Village . . . . . . . . $ 6 , 426 . 34 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . Park Reserve Fund . . . . . . . . . . . . . . . . . . • $ 22 ► 242 . 47 1--later & Sewer Fund . . • $ 2 , 408 . 27 • • • - ° • • • • • • • • • • . . . $ 82 , 533 . 05 Lighting District . . . . . . . . . . . . . . . . . . . . . $ 260 . 54 ( Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none ) . Town Board Minutes - 26 - February 7 , 1983 BOLTON POINT WARRANTS RESOLUTION NO . 22 Motion by Councilman Kugler ; seconded by Supervisor Desch , RESOLVED , that the Bolton Point Warrants dated February 7 , 1983 , in the Operating Account are hereby approved , in the amount of $ 53 , 130 . 77 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal ® Water Commission , they are in order for payment . Councilman Jennings asked if there had been a major pump repair . ® Councilman Kugler said yes , but it was covered by insurance , with $ 250 deductible . ( Desch , Kugler , , Raffensperger , Cramer , McPeak , Kiefer and Jennings voting Aye . Nays - none . At 8 : 20 P . M . , the Board went into Executive Session . to discuss a personnel matter ; at 8 : 40 P . M . , the Board returned to open session . ASSOCIATION OF TOWN ' S RESOLUTIONS Supervisor Desch called attention to the list of proposed resolutions , and stated his intention . to vote yes on them , asking Board Members to call him if they disagree . Councilwoman Kiefer said she does not want to see binding arbitration eliminated from the Taylor Law and will call him to discuss this . ADJOURNMENT The meeting was duly adjourned . wn Cler