Loading...
HomeMy WebLinkAboutTB Minutes 1983-11-10 TOWN OF ITHACA REGULAR BOARD MEETING November 10 , 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 10th day of November , 1983 , there were : ® PRESENT : Noel Desch , Supervisor George Kugler , Councilman Shirley Raffenpserger , Councilwoman Marc Cramer , Councilman Henry McPeak , Councilman Dooley Kiefer , Councilwoman Robert Bartholf , Councilman ALSO PRESENT : Robert Parkin , Highway Superintendent Lawrence Fabbroni , Town Engineer Beverly Livesay , Board of Reps . David Jennings , 136-3 Seven Mile Drive Gloria Howell , 120 Clover Lane Representatives of the Media : Deborah Gesensway , Ithaca Journal Mark Annock , WHCU Radio J . C . McKinley , WI'KO PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Elections Supervisor Desch stated that he would like to congratulate Gloria Howell , Shirley Raffensperger , Robert Bartholf and Merton Wallenbeck for their victory in the election . He went on to say that he was pleased to see the voter interest , in spite of it being a relatively quiet election campaign period . The Supervisor went on to say that he looked forward to the Opportunity to work with both old and new Board members and the new administration in the City . John Gutenberger played a very active role in the creation of our intermunicipal agreement and he stated ® that he was confident our warn relationship will continue . Wastewater Supervisor Desch stated that on Monday they had traveled to Albany to meet with DEC to finalize the scope of the first segment of the $ 36 , 000 , 000 wastewater treatment plant which is set at $ 12 , 730 , 286 . He went on to say that the current critical path has been outlined on the blackboard . We expect to award the contract now , expected for July 1984 . The work is expected to include the influent line , the pump station and the two sludge digestor tanks . It is also possible that we will get the funds for the remainder of the IS0T Town Board 2 ' November 10 , 1983 project , at one time , . next year . This will greatly enhance our ability to complete the project within a time frame relatively clost to the 36 month construction schedule which would be toward the end of 1987 . South Hill Recreation Trail The tri-party agreement with _the City and Finger Lakes on the South Hill recreation trail has been executed by all parties . The detailed design work on the spur from Stone Quarry Road to Buttermilk will be done over the coning winter so that construction can be accomplished next year . Water & Sewer Supervisor Desch noted that the engineering staff is completing the design of the water and sewer improvements on South Hill , West Hill and East Hill . He stated that he was looking toward a public hearing at our January meeting to adopt an order to authorize the improvement . Such approvals will be subject to a permissive referendum and State Comptroller approval and should enable us to accomplish construction in 1984 . Cost estimates should be available at our December meeting . Television Franchise The Supervisor noted that the new draft of the TV Franchise will be available on Monday , reflecting the changes suggested at our October 19 meeting . Developments Supervisor Desch stated that he had contacted the Controller of XCT Corp . , to see if they would be interested in locating in the Town of Ithaca now that they have been turned down at the proposed Yellow Barn Road site . The Supervisor went on to say that there are a number of undeveloped industrial sites in the Town of Ithaca that could be utilized . He stated that he was directing the Town Engineer to meet with then next week to see what sane of the possibilities might me . Supervisor Desch noted that he had been contacted by Larry O ' Neil Of Brooms Development Disabilities concerning a renewed interest in locating a group hone in the Town of Ithaca . This would be new construction and involve twelve residents . Mr . O ' Neil will be meeting with our Engineering and Planning staff to review various potential locations in our Town . Town Engineer ' s Report Town Engineer Lawrence Fabbroni reported that they were cleaning up drainage problems in the parks and planning winter projects - play structures , etc . Town Engineer Fabbroni went on to say that the NorthEast Transit expected to try providing Saturday service , toward the end of 1984 . Also , they expect to have a solution to the capital equipment problem within the next 90 days . ® The drainage permit in Fall Creek has been extended through 1984 . Peter Lovi , Town Planner is working on the Subdivision Ordinance with the Town Attorney . Michael Ocello is finishing up the water surveys and putting then into base drawings . Insulation requirements for the Highway Facility are almost complete . Highway Superintendent ' s Report Highway Superintendent Robert Parkin stated that the cinder spreaders and plows had been installed on the trucks . Also , salt and cinders have been stockpiled . We have completed the paving of 0tT Town Board 3 November 10 , 1983 the shoulders on Stone Quarry Road . We have applied to DEC ( Safer-Off) for final payment which will be about $ 26 , 000 . The Highway Superintendent went on to say that they have been spray patching Forest Home Drive and Maple Avenue . Stone Quarry Road and Snyder Hill Road have been stripped . Steaks marking fire hydrants have been installed . Also , the Honness Lane to Mitchell Street Bikeway has been completed . Councilman Kugler asked if Burns Road had a sign noting a one-way bridge ? Town Highway Superintendent Parkin responded that coming down from ® Coddington Road there is a sign by the culvert but there is no sign in the curve area . LET'T'ERS OF CREDIT RESOLUTION NO , 163 Motion by Councilman Cramer ; seconded by Councilman McPeak , WHEREAS A . The Planning Board of the Town of Ithaca has approved the subdivision of a portion of the lots fronting on Lexington Drive , being Lots 31 through 34 and Lots 11 . 34 through 11 . 40 and Lots 20 , as shown on the Final Plat Plan of Williamsburg Park Subidivison , Section No . 5 , Plan C , village of Cayuga Heights and Town of Ithaca , made by R . L . MacDowell , Jr . , December 2 , 1975 , and Be The said Schoenfeld has requested the Town of Ithaca to accept title to a portion of Lexington Drive as a Town highway although such street has not been completed as required by Town specification , and C . The Town is willing to accept title to such street provided Schoenfeld complies with certain conditions hereinafter set forth , NOW THEREFORE , in order to induce the said Town to issue certificates of canpliance or occupancy and building permits for the construction of dwellings on the above lots and to accept title to said street , and in consideration of the premises and the mutual agreements hereinafter set for , IT IS AGREED AS FOLLOWS ; 1 . The Town will issue certificates of ccmpliance or occupancy and building permits for construction on application of Schoenfeld provided that such certificates and permits may lawfully be issued in ccnlpliance with all applicable ordinances , laws , rules and regulations , and provided that Schoenfeld has furnished a bond , letter of credit , cash escrow , or other security approved by the Town and Schoenfeld has executed all documents necessary to convey title to the street to the Town , and has furnished all other title , maps , and other documents required by the Town and has paid for all ® title searches , filing and recording fees and other fees and expenses incurred in this matter . Schoenfeld agrees to pay all such expenses upon demand by the Town . 2 . Notwithstanding the foregoing , Schoenfeld agrees to complete the street hereinabove mentioned prior to September 1 , 1984 . Said street must be completed in accordance with the specifications established by the Town of Ithaca for completion of Town highways . The final determination as to whether or not such street has been completed in accordance with the specifications and Town Board 4 November 10 , 1983 approvals of the Town shall be made by the Town Highway Superintendent and the Town Engineer , 3 . If Schoenfeld fails to complete the said street as required by this Agreement , or otherwise defaults in the performance of this Agreement , the Town may proceed to complete said street and Schoenfeld agrees to pay to the Town on demand ( i ) the cost of completing said street or ( ii) any other expense or liability incurred by the Town hereunder , including all necessary expenses , obligations and liabilities incurred by the Town hereunder , including reasonable attorneys ' fees . As partial security for the performance of such work , Schoenfeld , at his expense , shall provide and maintain a contract bond , letter of credit , cash escrow , or other security approved by the Town , in such amount as the Town may require (which has been established at $ 7 , 500 ) to assure performance by Schoenfeld under this Agreement and as provided for in the Resolution of October 19 , 1983 , by the Town Board . A copy of this Agreement shall be attached to the bond , letter of credit , or cash escrow commitment , and shall be delivered by Schoenfeld to the local agent of the surety or the bank issuing the security . 4 . If Schoenfeld fails to make the payments required by the above provisions or fails to do the required work , then the bank , issuer , fundholder , depository , or surety , as the case may . be ( " security issuer " or "escrow fundholder " ) , is authorized to pay to the Town of Ithaca , without any further authorization from Schoenfeld , such sums as the Town may , from time to time , require (not in excess of the secured amount , $ 7 , 500 ) for the reasonable expenses and costs the Town may incur under this Agreement provided that the Town has given written notice to Schoenfield , of its intention to withdraw such funds , the anticipated date of withdrawal , and a statement of the amount the Town will require with a supporting itemized lsit of such costs and expenses . Such notice shall be given either by personal delivery or mail at least ten ( 10 ) calendar days prior to withdrawal . 5 . Schoenfeld agrees to furnish to the Town an abstract of title certified at least to the date of escrow of the said street deed . The street deed will be warranty deed with lien covenant . 6 . Upon execution of this Agreement and upon the acceptance of the security by the Town , the Town Building Inspector is authorized to issue certificates of compliance or occupancy and building permits for the lots hereinabove enumerated . 7 . To the extent that the Town of Ithaca is required to expend any funds for the completion of said street or for any other purpose arising out of this Agreement for which it has not been compensated , under the performance bond or letter of credit , or by Schoenfeld , or in any other manner , the Town may , at its option , pursue any one or all of the following remedies to enforce the collection of any such amount : ( a) The Town may bring an action at law to collect such ® amount as on a contract . ( b) Any such unpaid amount shall be added to any Town tax due and payable by Schoenfeld on any of the property now or hereafter owned by Schoenfeld in the Town of Ithaca . Said amount shall be added to the tax due on the first day of January next following demand for payment by the Town . ( c ) The Town , at its option , may refuse to is sue further Town Board 1 5 ' November 10 , 1983 building permits or conditional or final certificates of occupancy until such time as such amounts have been paid . 8 . Schoenfeld will indemnify and hold harmless the Town of Ithaca , its officers , Board members , contractors , employees , and any member of any Town Board or agency involved , from any and all suits , actions , claims , expenses ( including reasonable attorneys ' fees ) , damages or liabilities they may incur because of any injury to persons and property occurring during any period up to the final acceptance by the Town of any streets or other improvements as provided in this Agreement . Schoenfield will furnish a good and sufficient public liability insurance policy insuring the Town against any such liability , damages , and so forth as specified above in the amount of $ 1 , 000 , 000 and with such coverage and companies as the Town , upon recommendation of the Town ' s insurance advisor , shall rasonably require . 90 Schoenfeld agrees to save and hold harmless the Town of Ithaca , its officials and employees , from any and all claims , expenses , costs , or liability of any kind which may arise for any cause , whether injury to persons , property or otherwise by virtue of the issuance of certificates of compliance and building permits prior to the completion and construction of the road by the Town , Schoenfeld agrees that all proper measures will be taken to provide safe access over the said street for pedestrians and vehicles until such time as the work is completed to the satisfaction of the Town . 100 Determinations under this Agreement shall be made by the Town Supervisor unless the Town Board determines otherwise or designates another Town agency or person to perform this task . The Town Supervisor whall report to and keep infored the Town Board and the Town Attorney . The foregoing procedure may be changed by direction of the Town Supervisor . This Agreement shall bind the parties hereto , their respective successors , distributees , representatives , and assigns . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . RESOLUTION NO . 164 Motion by Councilwoman Raffensperger ; seconded by Councilman Cramer , AGREEMENT BETWEEN JONSON HOMES , INC . , a New York Corporation having its principal office at 934 East Shore Drive , Ithaca , New York , and IVAR JONSON , individually , residing at 934 East Shore Drive , Ithaca , New York , and the TOWN OF ITHACA (herein "Town " ) , Tompkins County , New York , This Agreement is executed to provide for the completion of a 140-foot portion of Lisa Place as a Town Highway . The terms and ® provisions of this Agreement will be the saw as those set forth in ® the prior agreement between the parties herein dated October 30 , 1979 , recorded in Liber 574 Tompkins County Deeds Page 610 , which agreement is incorporated herein except that such agreement is subject to the following modifications for purposes of this present Agreement only : 16 On Page 610 " at 113 Burleigh Drive " shall be amended to 934 East Shore Drive . 2 . All reference to "Lisa Lane " shall be amended to Lisa Place T T Town Board 6 November 10 , 1983 throughout this Agreement . 3 . On Page 611 , paragraph 3 , the amount " $ 15 , 000 " shall be amended to $ 2 , 000 . 49 On Page 611 , paragraph 2 , the date of "August 1 , 1980 " shall be amended to June 15 , 1984 . The work shall be completed by June 15 , 1984 . The letter of credit in the amount of $ 2 , 000 is intended to assure that the Town will have ready funds . This Agreement , as amended , shall bind the parties hereto , their respective successors , distributees , representatives , and assigns . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . RESOLUTION NO , 165 Motion by Supervisor Desch , seconded by Councilman Bartholf , COURTSIDE RACQUET & FITNESS CLUB , a New York State Limited Partnership , (herein "Courtside " ) and the TOWN OF Ithaca ( herein "Town " ) , Tompkins County , New York , dated November 10 , 1983 , WHEREAS A . The Planning Board of the Town of Ithaca approved the Site Plan for the Courtside Racquet & Fitness Club at 16 Judd Falls Road , Ithaca , New York , on September 15 , 1981 , (Preliminary Site Plan Approval ) and October 20 , 1981 (Final Site Plan Approval ) , with further modifications as presented and approved April 13 , 1982 and June 21 , 1983 , as shown on the maps and in approval resolutions that consitute the Planning Board public record of approvals of September 15 and October 20 , 1981 , April 13 , 1982 , June 21 , 1983 , and Be It was a condition of approval of the Site Plan by the Planning Board that site landscaping be performed in conformance with the plans approved as set forth above and that $ 7 , 000 . 00 in a form of security which is satisfactory to the Town be established to assure completion of landscaping , as proposed , in a timely manner , and C . As of the date of this Agreement , the landscaping for the Courtside Racquet & Fitness Club has not been completed and a certificate of compliance or occupancy cannot be issued unless such landscaping has been accomplished to the satisfaction of the Town Engineer and has , in fact , been accepted by the Town Engineer as meeting the level of landscaping shown on the site plan , and D . Courtside represents to the Town that the balance of the proceeds of a Bank Mortgage loan cannot be released unless a certificate of occupancy has been issued by the Town and Courtside agrees to begin and complete the landscaping to the satisfaction of the Town and is ready and able to deliver adequate sucurity in whatever form and manner may be required by the Town in order to provide complete assurance that such landscaping will be undertaken and completed to the satisfaction of the Town Engineer and the Town Boards NOW THEREFORE , in order to induce the said Town to issue the certificate of compliance or occupancy and in consideration of the premises and the mutual agreements hereinafter set forth , Town Board 1 7 November 10 , 1983 IT IS AGREED AS FOLLOWS : 1 . The Town will issue a certificate of compliance or occupancy for the project on application by Courtside provided that such certificate may lawfully be issued in compliance with all applicable ordinances , laws , rules and regulations , and provided that Courtside has furnished a bond , letter of credit , cash escrow , or other security approved and accepted by the Town . 2 . Courtside agrees to complete the landscaping as shown on the site plans and as required by Planning Board resolutions and in accordance with all applicable requirements of the Town ; such work must be completed not later than May 31 , 1984 . The landscaping shall include planting the following trees and shrubbery as shown on the October 20 , 1981 site plan , and such additional work as may be reasonably necessary to complete the work in accordance with the site plan : a . 18 honey locust trees , b . 12 clusters of deciduous red buds , c , other suitably spaced shrubbery along Judd Falls Road , and around the building west , east , and north faces . Hardwood or shrubbery species acceptable to the Town Engineer , e . g . , red maples and burning bush shrubbery along Judd Falls Road to complement east side of highway , may be substituted as alternative plantings if such alternative palntings are approved by and are reasonably acceptable to the Town Engineer . 3 . If Courtside fails to complete the said landscaping as required by this Agreement , or otherwise defaults in the performance of this Agreement , the Town may proceed to complete said landscaping . In such event , Courtside agrees to pay to the Town on demand ( i ) the cost incurred by the Town in completing said landscaping and ( ii ) any other expense or liability incurred by the Town hereunder , including reasonable administrative cots and attorneys ' fees . As security for the performance of such work , Courtside , at its expense , shall provide and maintain a contract bond , letter of credit , cash escrow , or other security approved by the Town , in such amount as the Town may require (which has at present been established at $ 7 , 000 ) to assure performance by Courtside under this Agreement and as provided for in the resolution of the June 21 , 1983 Town Planning Board Approval . A copy of this Agreement shall be attached to the bond , letter of credit , or cash escrow commitment , and shall be delivered by Courtside to the local agent of the surety or the bank issuing the security . If Courtside fails to make the payments required by the above provisions or fails to do the required work , then the bank , issuer , fundholder , depository , or surety , as the case may be ( " security issuer " or "escrow fundholder " ) , is authorized to pay to the Town of Ithaca , without any further authorization from Courtside Racquet & Fitness Club , such sums as the Town may , from time to time , require (not in excess of the secured amount , $ 7 , 000 . 00 ) for the reasonable expenses and costs the Town may incur under this Agreement , provided that the Town has given written notice to Courtside , of its intention to withdraw such funds , the anticipated date of withdrawal , and a statement of the amount the Town will require with a supporting itemized list of such costs and expenses . Such notice shall be given either by personal delivery or mail at least ten ( 10 ) calendar days prior to the proposed date of withdrawal of funds stated in such notice . 071 9 •T Town Board 8 November 10 , 1983 4 . Notwithstanding the receipt of funds from any escrow or other agreement or bond , it is specifically agreed that Courtside will reimburse , and agrees to pay to , the Town all costs and expenses incurred by the Town in completing the landscaping or performing any other work in connection with this project to the extent that the Town has not actually been reimbursed by any escrow funds within 30 days after the Town has presented to Courtside a statement of amounts owing . Before commencing any work the Town and Courtside will discuss the work remaining to be done and the estimated cost of completion . No such work shall be done by the Town unless at least 10 days notice is given to Courtside in order for the Town to present its plan of work and the estimated cost thereof and to give Courtside the opportunity to review the Town ' s proposals and to submit alternative proposals for such work . 5 . In the event that the Town exercises its rights hereunder to complete said landscaping , the Town hereby agrees to use all prudent and reasonable care in so proceeding to complete said landscaping in the same fashion as is set forth in paragraph 2 hereinabove . Thereupon , Courtside agrees to accept such landscaping with no further claim against the Town in regard to the quality and standards of the Town ' s performance . 6 . Courtside agrees that the landscaping work required under this Agreement , and for the completion of which assurances have been given and this Agreement has been executed , shall include the obligation to replant any trees or shrubbery which die or fails to survive in a reasonable sound manner or to complete , replace , or redo any other work which may be reasonably required . 7 . Courtside agrees to idemnify and hold harmless the Town of Ithaca , its officials , employees , contractors , and agents from any and all actions , litigation , claims , expenses ( including reasonable attorney ' s fees ) , costs , or any liability of any other kind which may arise for any cause , whether injury to property , persons or otherwise because of any act , negligence or failure to act by Courstide , its agents , contractors , or employees arising or resulting in connection with the premises . 8 . Determinations not otherwise specified under this Agreement shall be made by the Town Supervisor unless the Town Board determines otherwise or designates another Town agency or person to perform this task . The Town Engineer shall report to and keep informed the Town Supervisor and the Town Attorney of the progress of the work . The foregoing procedure may be changed by direction of the Town Supervisor . 90 The Certificate of Occupancy shall bear the following endorsement : Reference is made to the Agreement between Courtside Racquet & Fitness Club and the Town of Ithaca dated November 10 , 1983 relating to the completion of the work and providing for escrow funds . This agreement shall bind the parties hereto , their repsective successors , distributees , representatives , and assigns . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . REPORT OF COUNTY BOARD OF REPRESENTATIVE County Board Representative Beverly Livesay stated that the Planning and Public works committee was negotiating for services for the old hospitaland should decide within 30 days . She stated Town Board 9 November 10 , 1983 that she assumed if a zoning change became necessary the Town would act with speed . Mrs . Livesay went on to say that budget hearings would be held next week . We may be acting on a new jail at a public hearing to be held on Tuesday . The committee has recommended the Warren Road site with 55 cells . PUBLIC HEARING TO CONSIDER THE 1984 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION BUDGET Proof of posting and publication notice of a Public Hearing to consider the adoption of the proposed 1984 Southern Cayuga Lake Intermunicipal Water Commission budget having been presented by the Town Clerk , the Supervisor opened the public hearing . RESOLUTION NO . 166 Motion by Councilman McPeak ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Preliminary Budget for 1984 as the final budget for the fiscal year beginning January 1 , 1984 , for the Southern Cayuga Lake Intermunicipal Water Commission . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer , and Bartholf voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE PROPOSED USE OF 1984 FEDERAL REVENUE SHARING FUNDS Proof of posting and publication notice of a Public Hearing to consider the proposed use of 1984 Federal Revenue Sharing Funds having been presented by the Town Clerk , the Supervisor opened the public hearing . RESOLUTION NO , 167 Motion by Councilman Cramer ; seconded by Councilman McPeak , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the proposed use of 1984 Federal Revenue Sharing Funds as proposed ( copy attached to minutes ) . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER APPROVAL OF THE 1984 ASSESSMENT ROLLS FOR, THE SPECIAL BENEFIT DISTRICTS FOREST HOME LIGHTING DISTRICT Proof of posting and publication of a public hearing to consider approval of the 1984 Assessment Rolls for the Forest Home Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . RESOLUTION NO . 168 Motion by Councilwoman Raffensperger ; seconded by Councilman Kugler , ry Town Board 10 November 10 , 1983 RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Forest Home Lighting District for the year 1984 and the budgets related hereto . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . GLENSIDE LIGHTING Proof of posting and publication notice of a public hearing to consider the assessment rolls and apportionments for the Glenside ® Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . RESOLUTION NO . 169 Motion by Councilman McPeak , seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Glenside Lighting District for the year 1984 , and the budgets related hereto . (Desch , Kugler , Raffensperger , Cramer , McPeak , Keifer and Bartholf voting Aye . Nays - none ) . RENWICK HEIGHTS LIGHTING DISTRICT Proof of posting and publication notice of a public hearing to consider the assessment rolls and apportionments of the Renwick Heights Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . RESOLUTION NO . 170 Motion by Councilwoman Kiefer ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Renwick Heights Lighting District for the year 1984 , and the budgets related hereto . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . EASTWOOD COMMONS LIGHTING DISTRICT Proof of posting and publication notice of a public hearing to consider the assessment rolls and apportionments for the Eastwood Commons Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . ® RESOLUTION NO . 171 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Eastwood Commons Lighting District for the year 1984 , and the budgets related hereto . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . y7 Town Board 11 November 10 , 1983 CLOVER LANE LIGHTING DISTRICT Proof of posting and publication notice of a public hearing to consider the assessment rolls and apportionments for the Clover Lane Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . RESOLUTION NO , 172 Motion by Supervisor Desch , seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Clover Lane ® Lighting District for the year 1984 , and the budgets related hereto . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . ACCEPTANCE OF ABBEY ROAD AND PENNY LANE RESOLUTION NO . 173 Motion by Councilman Kugler ; seconded by Councilman McPeak , WHEREAS , Abbey Road and Penny Lane have been constructed to Town Highway Specifications , and WHEREAS , said construction has been inspected and found in present compliance with Town Highway Specifications by the Town Highway Superintendent and Town Engineer , and WHEREAS , it is recognized by all parties concerned that minor maintenance of said highways , exclusive of plow damage and normal wear and tear , may be required to spot level , seal , or patch areas in the Spring of 1984 due to differential settling or heavy construction methods and on-going development , respectively , NOW THEREFORE BE IT RESOLVED , that 1 . The Town Board accepts as Town Highways Abbey Road and Penny Lane from Abbey Road to its eastern terminus . 29 The Town will release $ 6 , 000 of $ 8 , 500 held against satisfactory completion of the above highways upon receipt of an acceptable deed , updated abstract , and utility easements related thereto and provided : a . The developer installs temporary markers to highlight or sign steep embankments . b . Upon substantial completion of items covered by the Town of Ithaca September 5 , 1983 Agreement with Weisburd , that Agreement is superseded by a simple maintenance agreement ® between the Town by the Town Supervisor and Weisburd calling for : i . A $ 1 , 000 , 000 General Liability coverage for operations by the contractor in and around accepted Town highways and improvements . ii . Maintenance of a $ 2 , 500 escrow account as transfered from the First Bank of Ithaca Account NBI-267-9SE- 683- 332 and dedicated to spot leveling , sealing , or patching of unevenly settled areas or t Town Board 12 November 10 , 1983 areas damaged by construction , until August 1 , 1984 , such repairs to be ordered by the Town Highway Superintendent and Town Engineer . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . STREET LIGHT FOR ABBEY ROAD AND SLATERVILLE ROAD RESOLUTION NO , 174 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , ® RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute a contract with NYSEG to provide a street light for the intersection of Abbey Lane and Slaterville Road . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . STREET LIGHT FOR ABBEY ROAD AND PENNY LANE RESOLUTION NO , 175 Motion by Supervisor Desch , seconded by Councilman Bartholf , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute a contract with NYSEG to provide a street light for the intersection of Abbey Road and Penny Lane . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . ADDITIONAL STREET LIGHT FOR EASTWOOD COMMONS RESOLUTION NO , 176 Motion by Supervisor Desch ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 35 P . M . , on December 12 , 1983 to consider additional street lighting for Eastwood Commons . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays- none ) , SPCA CONTRACT RESOLUTION NO . 177 ® Motion by Councilman McPeak ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the contract with the SPCA for dog control services beginning January 1 , 1984 and ending December 31 , 19840 (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer , and Bartholf voting Aye . Nays - none ) . Town Board 13 November 10 , 1983 PUBLIC HEARING TO CONSIDER THE FIRE PROTECTION CONTRACT WITH THE CITY OF ITHACA AND THE VILLAGE OF CAYUGA HEIGHTS Proof of posting and publication notice of a public hearing to consider the fire protection contract with the City of Ithaca and the Village of Cayuga Heights having been presented by the Town Clerk , the Supervisor opened the public hearing . RESOLUTION NO . 178 Motion by Councilman Cramer ; seconded by Supervisor Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby ® authorize the Supervisor to execute a contract for fire protection with the City of Ithaca and the Village of Cayuga Heights for the period of January 1 , 1984 through December 31 , 1985 . (Desch , Kugler , Raffensperger , Cramer , McPeak , Keifer and Bartholf voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE PRELIMINARY BUDGET FOR THE TOWN OF ITHACA Proof of posting and publication of notice of a public hearing to consider the 1985 Preliminary Budget for the Town of Ithaca having been presented by the Town Clerk , the Supervisor opened the public hearing . RESOLUTION NO , 179 Motion by Supervisor Desch , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Preliminary Budget for 1984 as the final budget for the fiscal year beginning January 1 , 19840 (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . NORTHEAST TRANSIT CONTRACT Town Engineer Fabbroni noted that the proposed contract was basically identical to the contracts for the past four years . we have been able to increase and hold down the cost . RESOLUTION N0 . 180 Motion by Councilman Cramer ; seconded by Councilman Kugler , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Supervisor to execute the contract in the amount of $ 8 , 000 for the Northeast Transit for the year 1984 . ® (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . BURNS ROAD PROJECT Town Engineer Fabbroni stated that he had attended the November 3rd Common Council meeting . Common Council felt the proposal should go to Committee first . The Committee will meet again on November 30th . Z 7T Town Board 14 November 10 , 1983 Route 96 Town Engineer Fabbroni reported that the State is now considering a proposal from the Community Hospital which notes their preference of keeping their parking lot and taking the nurses residence . This would lead to problems with the Paleontological Research Institution as this design would take part of their lab . Paleontological Research has asked the state to meet with them to let them know what money would be available for moving from their present site . Paleontological Research would rather have the state take all of their building or none at all . Councilman Cramer asked if the Town had taken a stand ? ® Town Supervisor Desch responded the Town of Ithaca endorsed the concept of a new Route 96 six and one-half years ago . TOWN OF ITHACA VgdU ANTS RESOLUTION NO , 181 Motion by Councilman Cramer ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated November 10 , 1983 , in the following accounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . $ 31 , 675 . 40 General Fund - Outside Village . . . . . . . . . . . . . . . . . . $ 8 , 776 . 79 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99 , 465 . 87 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 414 , 929 . 87 Lighting Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 297 . 16 Parks Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 , 366 . 73 (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer , and Bartholf voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 182 Motion by Supervisor Desch , seconded by Councilman Kugler , RESOLVED , that the Bolton Point Warrants dated November 10 , 19831F in the Operating Account are hereby approved , in the amount of $56 , 645 . 43 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . ® AMENDMENT TO THE LOCAL LAW ON SENIOR CITIZENS MMMPTION Proof of posting and publication notice of a public hearing to consider an amendment to the Local Law on Senior Citizens Exemption having been presented by the Town Clerk , the Supervisor opened the public hearing . The Supervisor closed the public hearing . Town Board 15 November 10 , 1983 LOCAL LAW NO . 4 - 1983 Motion by Councilwoman Raffensperger ; seconded by Councilman Bartholf , LOCAL LAW NO . 4 - 1983 A LOCAL LAW PROVIDING FOR A PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNERS BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER SECTION 1 . The provisions of Local Law No . 1 of the year 1971 ® of the Town of Ithaca as amended by Local Law No . 2 of the year 1977 , Local Law No . 5 of the year 1980 , and Local Law No . 2 of the year 1982 , are hereby amended to read as follows : Section 1 . This law is enacted pursuant to Section 467 of the Real Property Tax Law of the State of New York as amended through Chapter 589 of the laws of 1982 , and Section 467-4 of the real Property Tax Law of the State of New York as added by Chapter 991 of the laws of 1983 . Section 2 . Pursuant to the provisions of Sections 467 and 467-4 of the Real Property Tax Law of the State of New York , real property located in the Town of Ithaca , owned by one or more persons , each of whom is 65 years of age or over , or real property owned by husband and wife one of wham is 65 years of age or over , shall be partially exempt from taxation by said Town for the applicable taxes specified in said Section 467 and 467-d based upon the income of the owner or combined incomes of the owners . Such partial exemption shall be to the extent set forth in the schedule following : ANNUAL INCOME OR OWNER OR PERCENTAGE ASSESSED COMBINED ANNUAL INCOME OF VALUATION EXEMPT OWNERS FROM TAXATION Up to $ 10 , 500 . 00 50 % More than $ 10 , 500 . 00 , but less than $ 11 , 500 . 00 45 % $ 11 , 000 . 00 or more , but less than $ 11 , 500 . 00 40 % $ 11 , 500 . 00 or more , but less than $ 12 , 000 . 00 35 % $ 12 , 000 . 00 or more , but less than $ 12 , 500 . 00 30 % $ 12 , 500 . 00 or more , but less than $ 13 , 000 . 00 25 % ® $13 , 000 . 00 or more , but less than $ 13 , 500 . 00 20 % This partial exemption provided by this law shall , however , be limited to such property and persons as meet the conditions , qualification , exclusions and limitations set forth in Sections 467 and 467-4 of the Real Property Tax Law of the State of New York . This local law shall be administered in accordance with said sections of the Real Property Tax Law , as now adopted and as they may be amended from time to time , and the provisions of said �9 �9 Town Board 16 November 10 , 1983 sections , as provided in Section 467-d (b) , shall be applicable to the effectuation of the exemption provided for in this local law . Section 3 . Application for such exemption must be made by the owner , or all of the owners of the property on forms prescribed by the State Board to be furnished by the appropriate assessing authority and shall furnish the information and be executed in the manner required or prescribed in such forms , and shall be filed in such assessor ' s office on or before the appropriate taxable status date . Section 4 . Any conviction of having made any willful false statement of the application for such exemption shall be punishable by fine of not more than One Hundred Dollars ( $ 100 . 00 ) and shall disqualify the applicant or applicants from further exemption for a period of five ( 5 ) years . Section 5 . This local law shall become effective immediately and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after May 1 , 1984 . With respect to assessment rolls prepared on the basis of taxable status dates prior to May 1 , 1984 , the partial exemption allowed hereunder shall be limited to qualified properties and to those persons otherwise qualified under this local law whose income or incomes are not more than $ 10 , 500 . 00 , and such exemption shall be to the extent of 50 % of the assessed valuation of the qualified real property . SECTION 2 . This local law shall take effect immediately . Supervisor Desch called for a roll call vote . Councilman Bartholf Voting Aye Councilman Cramer Voting Aye Councilwunan Kiefer Voting Aye Councilman Kugler Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Aye Supervisor Desch Voting Aye Local Law No . 4 - 1984 , was thereupon declared duly adopted . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE NO PARKING ORDINANCE (EASTERN HEIGHTS ) RESOLUTION NO , 183 Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on January 9 , 1984 to consider amending the No Parking Ordinance for the area of Eastern Heights . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF SUBDIVISION REGULATIONS Proof of posting and publication of notice of public hearing to consider the adoption of subdivision regulations having been Presented by the Town Clerk , the Supervisor opened the public hearing . Town Board 17 November 10 , 1983 The Supervisor closed the public hearing . RESOLUTION NO , 184 Motion by Supervisor Desch , seconded by Councilman Cramer , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns the public hearing to consider the adoption of subdivision regulations until 8 : 05 P . M . , on December 12 , 1983 . (Desch , Kugler , Raffensperger , Cramer , McPeak , Kiefer and Bartholf voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . own Clerk