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HomeMy WebLinkAboutTB Minutes 1989-07-10 TOWN OF ITHACA REGULAR BOARD MEETING July 10 , 1989 At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York , there were : PRESENT . Robert Bartholf , Deputy Supervisor Shirley Raffensperger , Councilwcman Patricia Leary , Councilwnan David Klein , Councilman John Whitcomb , Councilman ABSENT : Noel Desch , Supervisor Henry McPeak , Councilman ALSO PRESENT : John Barney , Town Attorney John Ozolins , Highway Superintendent Sally Olsen , Town Engineer Susan Beeners , Town Planner Andrew Frost , Building Inspector/ Zoning Officer Karl Niklas , 1005 Danby Road Pam Hanna , 126 Rich Road Tom Reimers , 3C Wildflower Drive Ed Brothers , 3 Sunset , West Tom Richard , 144 Coy Glen Road Lisa Blackwell , Cornell David Weinstein , 51 Freese Road Myrtle Whitcomb , 233 Troy Road Bill Hilker , 277 Burns Road Alfredo Rossi , 409 Lake Street Shirley Egan , 143 N . Sunset Drive Dooley Kiefer , 629 Highland Road Ed Cobb , 1005 Danby Road Kenga M . Gergely , 106 Juniper Drive Peter Hillman , 370 Stone Quarry Road Fred T . Wilcox III , 109 Juniper Drive Beverly Livesay , Board of Reps Bonnie Simpson , 112 Pine View Terrace Bob Flumerfelt , 1020 East Shore Drive Sandra Dinmett , 1102 East Shore Drive Dick Slocum , 1018 East Shore Drive David Auble , 250 Troy Road Jon Albanese , 1040 East Shore Drive Shannon Albanese , 1040 East Shore Drive PLEDGE OF ALLEGIANCE The Deputy ` Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report The following report was presented to the Board : Town Board Minutes 2 July 10 , 1989 Water Rates Good news . The new much more stringent EPA regulations will have no impact on our Bolton Point water rates . Very minor increase in cost due to additional testing . Bad news . Probably City rates will have to go up although we have no information to date . This could affect West Hill rates . Road Swaps ? Tompkins County is interested in giving ( ? ) us Hanshaw Road from Warren Road to Cayuga Heights , Pleasant Grove Road in exchange for Burns Road (after relocation of the Coddington Road end) . They plan to zenovate Coddington Road from the Danby Town line to the City line next year . Note : City will be closing Hudson Street next year ,. Coordination is going to be interesting ! Other roads may also be considered in the swap . Fire _tntient Staffing The joint. City/Town comnittee may have a recommendation on a program to increase volunteer and career staff levels over the next three years - in time for discussion at the August meeting . Fire Station Construction We have closed on the West Hill Fire Station site . It now belongs to the Town and construction has started . There are still some last minute details to be worked out on the South Hill closing . 1990 BudgEat Planning Proposed salary ranges for 1990 should be available for approval at our August meeting . The Personnel Committee has started the review and will be meeting again on August 3 . The Town Staff has started the development of their departmental budgets . Ideas from Town Board members as to need should be discussed directly with the particular department head . 1989 Objer_tives - Status I ' ve put together the enclosed brief status report on our established objectives for 1989 . I would appreciate comments about efforts that we should be making other than that noted . 1 ) Establish 1989 Water/Sewer Project This was done at the June meeting and the application has been filed with Audit and Control . Design completion is expected in late August or early September . Next step will be test borings , once preliminary design is done . 2 ) New 'fork Service Relationship with County This is working well and the County is considering the next step toward County wide program administration . 3 ) Comprehensive Plan The consultant is doing Phase I but it is taking much longer than perhaps it should . How can or should the Town Board help? Should scope of work be changed ? Should charge to Plarmi.ng Consultant be expanded ? 4 ) East Shore Drive Sewer Virtually completed and in operation except for clean up . Cayuga Heights interceptor still in discussion stage . Feasibility of expansion of new sewage treatment plant may be studied . 5 ) Pr ,:rty Surveys (Burns Road/Park Lane , Dates Drive) Surveys done , property transfers in process . Abandonment Town Board Minutes 3 July 10 , 1989 public hearing set for August . 6 ) Phase II Burns Road Relocation Canbined County/Town/private developer project seems possible in 1990 . Town staff proceeding with field survey work at intersection with King Road . Coordination with Coddington Road improvement with County is necessary . 7 ) Acceptance Procedure for New Highways Discussion is on going at the Public Works Committee level . Process of accepting roads prior to final paving seems desirable so long as performance bond or other vehicle to protect Town is in place . 8 ) Participation in 1990 Census On gAng - need to designate a committee as Census Correct Count Committee - perhaps Planning Board . 9 ) Permanent Financing 1987 Water/Sewer Project Done . 10 ) Debt Exclusion 1987 Sewer Project Filed - awaiting approval from State . 11 ) Consider modification of street lights to high pressure sodium Suggest we evaluate success of City-wide program in 1990 or 1991 . The annual savings are small ( i . e . , $ 2 , 500 ) but the visual impact may not be acceptable . 12 ) Water/Sewer Biggs Complex Progress slow . Awaiting completion of water line relocation arowld hospital addition . 13 ) South Hill Bikeway Design of Phase I is completed (Town portion) . Easement acquisition is on going . Construction could start late summer or early Fall on Phase I . 14 ) Intec to Transportation Plannin - County Wide No significant progress since completion of Richardson Study . Should ccm i.ttee be restructured? 15 ) Incentive for Sprinklers Sprinkler annual charge has been waived . Benefit assessment credit perhaps should be discussed in context of 1990 budget . 16 ) Control of Grading/Construction , Demolition Waste Delay in construction of County landfill may dictate need for Towns to have small construction waste sites , otherwise property owners may overly encourage use of their property . Perhaps this could be done in conjunction with control over excessive filling of property in the Town . This could , however , add an unacceptable enforcement burden on the Town staff . Town Board thoughts on this ? 17 ) Develop Data Base System This is moving along now that CAD system has been upgraded . Outline of a plan should be ready in October . 18 ) Stormwater Mann ement Local Law Discussion on going in Public Works Committee . Should have something for Town Board review in September . 19 ) Print: Up Dated Ordinance All data has been imputed into word processor . Cross comparison by Town Attorney needs to be done . Current goal - Town Board Minutes 5 July 10 , 1989 4 . Highways Draft Road Construction Specifications distributed , for co :nt by July 31 . Approval of acceptance of John Street contingent upon additional work to be done . Inspected Winner ' s Circle for acceptance . 59 Pro2E ct Reviews "Chase Pond " Sketch Plan . Cornell Parking Lot , Indian Creek Farm Stand ( ZBA) . "Deer Run " Preliminary Plat , Phase III . "Hackberry Lane " for approval of public facilities . 6 . Fire Hall Sewers Finalized alignment . Easement maps ready to send . 7 . Miscellaneous Court Roan platform removed by Highway Crew , New Engineering offices cleaned Sunday , July 9 . Carpet cleaning and new carpet ordered , drapes cleaning scheduled , moving scheduled for this week . Andy Bryant has been Inspector on 1987 Water & Sewer III - East Shore Drive , Maple Avenue , Andy Irwin has written the LISP programs necessary to get AUTO CAD 10 running , as well as a number of shorter programs that make the system more convenient . Both Andys are on Inlet Valley Survey . Prepared estimate for private drive on East Shore Drive for public hearing today . Selected location for street lamp at Pine Tree/NYS Rt . 79 intersection . I / I Study Phase II report expected by end of July . Highway Siiperintendent ' s Report Highway Superintendent John Ozolins presented the following report : Activities Vehicle Maintenance Truck 9 , 10 , 8 and Car 5 serviced . Truck 4 ' s power steering failed and a cylinder was replaced and its front tires were replaced . The Gradeall ' s power steering hose burst on a job and was replaced on site . The new truck 5 was received . Road Work Shoulders were placed on the roads that were paved . Rich Road and Burns Road were ditched . More stone was placed on Burns Road due to oil bleeding . New Inspection The :following roads were inspected at various stages : Birchwood - Lucente Pinecrest - Poyer Chase Lane - Auble Hanes Scheduled Activities Surface treatment - week of July 10- 14 . Cut shoulders - weeks of July 17 and 28 . Deck Welding on Forest Home Bridge - July 24-28 , Slung Seal - Penny Lane , Christopher and Sienna - early August . Town Board Minutes 4 July 10 , 1989 August 1 . 20 ) Cluster Regulations versus Duplexes Perhaps this should become a staff priority since Phase I of the Comprehensive Plan is moving slowly? 21 ) Up Date Highway Maintenance Program Public Works Committee has yet to start work on this . Probably can be deferred until 1990 due to excellent progress on current paving program . 22 ) Traffic Court Program Joint meeting with involved department heads needs to be scheduled for implementation in September when school is back in session . 23 ) Evaluate Computing Needs Good progress has been made in zoning and engineering . New Deputy Clerk will enable staff to settle on needs of this area of operation . 24 ) 1! giDlation - Sales Tax Money for Fire Protection Bill has been filed in both houses of State legislature . Awaiting committee action . 25 ) Perform Staff Time Assessment Some staff effort has been done . One major question : Should Planning , Zoning and Engineering professionals set formal office hours during which time they would continue to be available for walk in? 26 ) Consider Recycling Drop Centers - Town of Ithaca Two major problems have made progress on this very difficult : ( 1 ) Lengthy vacancy in the County solid waste position . ( 2 ) Questionable market for most materials . Added Items 27 ) Move Town Court to Free Up Space for Engineering , etc Completed June 29 , 19890 28 ) Award Bids on New Fire Stations Contracts awarded June 1989 , Town Engineer ' s Report Town Engineer Sally Olsen presented the following report : 1 . 1989 Water & Sewer Improvements Contract signed with TVGA Surveyors & Photogrammetrists . Plans to run two crews , when possible , survey has begun on horizontal and vertical control , complete end of July . Expect to receive disks with topo by Labor Day , 20 Water System Improvement Study , West Hill Service Area Draft report presented July 7 , 19899 Final report to be presented to Town Board on August 7 , 1989 . 3 . 1987 Water and Sewer Improvements Phase I complete . Phase II complete except for minor restoration . Phase III water and sewer mains complete , lateral installation underway , site restoration begun . Town Board Minutes 6 July 10 , 1989 Additional paving - mid August . Speed Limit Reduction Five Mile Drive - the State approved the reduction of the speed limit to 30 MPH from the City line to Coy Glen Road . They posted it . Both West King Road and West Haven Road were posted for 40 MPH . SPEED LIMIT REDUCTION A request, was received from the South Hill Community Association for a speed reduction on East King Road and Troy Road . RESOLUTIai NO . 160 Motion by Councilwoman Raffensperger ; seconded by Councilman Whitcomb , WHEREAS , the Town of Ithaca received a request from the South Hill Community Association for a reduction in the speed limit for the East King Road area and the Troy Road area , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby requests New York State Department of Transportation to consider a 30 MPH speed limit on East King Road from Route 96B to the Coddington Road and a 40 MPH speed limit on Troy Road from the Town of Ithaca line to Coddington Road . ( Bartholf ,, Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . USE OF TOWN VEHICLE Highway Superintendent John Ozolins presented the following memo to the Town Board "Request that I be allowed to use the Jeep Cherokee to travel to Fort A . P . Hill , Virginia during the period July 12 - 17 , 1989 . I will be there evaluating a National Guard Co . while there , I will have a military vehicle to drive . Therefore , I will just need the vehicle for transportation there and back . If I am allowed to use it , it will be returned with a full tank of gas . Additionally , my vehicle insurance will cover any accident that may happen to the vehicle . " The Town Board felt this request should not be approved . Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost presented his report , noting that 31 building permits had been issued for the month of June 1989 , 13 Single Family detached residents , 1 Two Family residence , 1 conversion , 1 addition , 1 business and 2 educational . 27 Certificates of Compliance were issued and 6 complaints investigated . Town Planner ' s Report Town Planner Susan Beeners presented the following report : Town Board Minutes 7 July 10 , 1989 Review of land use and development proposals for Planning Board and for Zoning Board of Appeals . Attended Greater Ithaca Transportation Committee meeting for review of a student project on Octopus . Work by Student Interns Townwide base mapping for area studies and for census local review . Natw.�al Resource and Stream Corridor Management project . Further study of selected stream corridors . Topography and soils mapped on AUI+OCAD . Town Planner Beeners noted that the draft report from. Consultant Stewart Brown should be received Friday or Monday . COUNTY YOUTH BUREAU REPRESENTATIVE Pam Hanna ,. Town of Ithaca Representative on the County Youth Bureau reported on activities of the Committee . She noted a Community Youth Development Forum to be held July 31 , 1989 from 7 : 30 P . M . , to 9 : 00 P .M . , at the Cayuga Heights School . BUDGET AMPNDMENTS RESOLUTION NO . 161 Motion by Councilwoman Raffensperger ; seconded by Deputy Supervisor Bartholf , WHEREAS , the Town Justice Court is using a 7 year old computer program that is now outdated and was not designed originally to support the Justice Court needs and they still do a good deal of their work. manually to supplement the existing programs , and WHEREAS , the computer currently supporting this outdated program will not support an upgraded Justice Court package of the level needed to supply efficient processing and produce the State-required reports , and WHEREAS , a suitable Justice Court computer software package and hardware system have been identified by Judge Wallenbeck and are available from. Williamson Law Book Company , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the purchase of the Williamson Law Book Court Recordkeeping software ( $ 2 , 500 ) , the payment for conversion of existing court records by Williamson Law Book Company ( $ 500 ) , the purchase of 1 IMB PS / 2 30-286 computer with color display and DOS ( $ 2 , 19: 9 ) from Williamson Law Book and the expenditure of not more than $350 for a secure storage unit to enclose this system , and FURTHER BE IT RESOLVED , that the Town Board appropriate Fund Balance (1599 ) and increase (A1110 . 2 ) Justices - Equipment for $ 5 , 500 to cover the cost of the software , hardware , services and furnishings specified above . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . FIRE STATION LEASES Town Board Minutes 8 July 10 , 1989 RESOLUTION NO . 162 Motion by Councilman Klein ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor to sign the lease with the City of Ithaca for lease of property to the City of Ithaca for the West Hill and South Hill Fire Stations . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . WINNER ' S CIRCLE ROADWAYS RESOLUTION NO . 163 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , WHEREAS , with respect to the Winner ' s Circle Subdivision off Slaterville Road , Francis J . Paolengeli has substantially completed construction of Winner ' s Circle , culverts , storm drainage improvements , and water and sanitary sewer mains , and WHEREAS , final inspection of the roadway construction has been performed by the Town Engineer and the Town Highway Superintendent , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts said Winner ' s Circle as a Town highway subject to receipt of deed and marketable title for the highway lands , satisfactory to the Town Attorney , and receipt of easements for the sanitary sewer mains , drainageways , and future trail , satisfactory to the Town Supervisor , Town Planner , Town Engineer and Town Attorney . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . VETERAN EXEMPTION RESOLUTION N0 . 164 Motion by Councilman Whitcomb ; 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 September 11 , 1989 , to consider a Veteran exemption on property in the Town of Ithaca . (Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BENEFIT ASSESSMENT REFUNDS RESOLUTION N0 . 165 Motion by Councilwoman Raffensperger ; seconded by Councilman Whitcomb , WHEREAS , Peter E . & Lydia L . Hillman , 370 Stone Quarry Road , were charged 4 . 5 units of water benefit , and WHEREAS , the Hillmans paid their 1989 Town and County Taxes in full on January 19 , 1989 , Town Board Minutes 9 July 10 , 1989 NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 55 . 68 to Peter E . & Lydia L . Hillman with respect to the overcharge of water benefit assessment for 370 Stone Quarry Road , Parcel Number 6-38-3-11 . (Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESOLUTION NO . 166 Motion by Councilman Klein ; seconded by Councilwoman Raffensperger , WHEREAS , Evelyn Ainsworth , 17 Orchard Hill Road was charged 0 . 7 units of water benefit and 0 . 7 units of sewer benefit , and WHEREAS , bars . Ainsworth should have been charged 0 . 7 units of water benefit and $ 0 . 83 for sewer benefit based upon pennies /M of assessment. , and WHEREAS , Mrs . Ainsworth paid her 1989 Town and County Taxes in full on January 26 , 1989 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 42 . 57 to Mrs . Evelyn Ainsworth with respect to the overcharge of sewer benefit assessment. for 17 Orchard Hill Road , Tax Parcel Number 6-22-2-3 . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . POSITION IN ENGINEERING DEPARTMENT RESOLUTION NO . 167 Motion by Councilwoman Leary ; seconded by Deputy Supervisor Bartholf , WHEREAS , when the 1989 Water and Sewer Improvements projects have been bid , it will be imperative to have an inspector on site to ensure the quality of the finished project , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approve the hiring of an Engineering Technician at a salary range of $ 15 , 000 to $ 22 , 000 . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . AMENDMENT '10 TOWN PAVING PROGRAM RESOLUTION NO . 168 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby amend the 1989 Town Paving Program by adding to the list already approved , the following roads : Game Farm Road , Forest Home Drive , Simsbury , Calkins Road , Sandbank Road , Caldwell Road , Winthrop Drive and Pheasant Lane . (Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none) . Town Board Minutes 10 July 10 , 1989 RATIFY ACCEPTANCE OF PARK LANE (ACCESS TO JOHN STREET) RESOLUTION N09 169 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Leary . RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the acceptance of the portion of Park Lane needed for access to John Street . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER AN ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Proof of posting and publication of a notice of a public hearing to consider an ordinance regulating traffic and parking in the Town of Ithaca having been presented by the Town Clerk , the Deputy Supervisor opened the public hearing . Karl Nikla.s , Beverly Livesay , Bill Hilker and Myrtle Whitcomb spoke on the proposed Ordinance Deputy Supervisor Bartholf then closed the public hearing RESOLUTION' NO . 170 Motion by Councilwarman Raffensperger ; seconded by Deputy Supervisor Bartholf , ORDINANCE AMENDING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Pursuant to Section 130 of the Town Law of the State of New York , and Section 1660 of the Vehicle and Traffic Law of the State of New York , the Town Board of the Town of Ithaca , Tompkins County , New York , does ordain and enact as follows : Section 1 . Territory Affected . This ordinance shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights . Section 2 . Amending of Prior Ordinance . The ordinance amending and restating ordinance regulating traffic and parking in the Town of Ithaca adopted February 8 . 1988 , effective February 23 , 1988 , amended April 11 , 1988 , and November 10 , 1988 , is hereby further amended as follows : ( a) There is hereby added to Section 9 to such ordinance as follows : Section 9 . Authority to Impound Vehicles . ( a ) Any Vehicle parked or abandoned on any highway within the Town of Ithaca that hinders or impairs the ability of the personnel of the Town of Ithaca , or any other governmental agency , to respond to a snowstorm , flood , .fire or other occurrence to which a prompt response is necessary or desirable , may be removed by the Town of :Ithaca . Town Board Minutes 11 July 10 , 1989 (b) Any vehicle found unattended on any highway within the Town of Ithaca which constitutes an obstruction to traffic may be removed by the Town of Ithaca . (c ) Any vehicle parked or abandoned on any highway within the Town of Ithaca where stopped , standing or parking is prohibited , may be removed by the Town of Ithaca . (b) There is hereby added a Section 10 to such ordinance as follows : Section 10 . Storage and Charges . The Town of Ithaca may store any vehicle removed pursuant to Section 9 in a suitable place at the expense of the owner . The owner , or person in charge of the vehicle , may redeem the same upon payment to the Town of Ithaca of the amount of all expenses actually and necessarily incurred in effecting such removal . ( c ) There is hereby added a Section 11 to such ordinance as follows : Section 11 . Notice of Removal . The Town of Ithaca shall report promptly the removal and disposition of any vehicle pursuant to Sections 9 and 10 to the County Sheriff . The Town shall also ascertain , to the extent possible , the owner of the vehicle or person having the vehicle in charge and make reasonable efforts by mail to notify that person of the removal and disposition of the vehicle and of the amount required to redeem the vehicle . (d) There is hereby added a Section 12 to such ordinance as follows : Section 12 . Review . The owner , or the person in charge , of a vehicle that has been removed pursuant to Section 9 may request a hearing to challenge the assessment of any expense imposed pursuant to Section 10 . The request for a hearing shall be in writing and shall be filed with the Town Clerk within fifteen ( 15 ) days of receiving notice of the removal of the vehicle . The hearing shall be held within the ( 10 ) days after the request has been filed . The hearing shall be conducted by the Town Supervisor or any other impartial person designated by the Town Supervisor . The scope of the hearing shall be solely to determine whether the removal of the vehicle was authorized by Section 9 . The sole effect of a determination that the removal of the vehicle was not authorized by Section 91 shall be that the owner or person in charga of the vehicle shall not be responsible for the expenses of towing and storage . Nothing in this ordinance is intended to affect the liability of the Town of Ithaca for any damage done to any vehicle during towing or storage . Section 3 . Effective Date . ( a) This ordinance shall take effect immediately except those parts , if any , which are subject to approval under Section 1684 of the Vehicle and Traffic Law of the State of New York . (b) Any part or parts of this ordinance which are subject to approval under Section 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval in writing is received from the New York State Department of Transportation . The Deputy Supervisor called for a roll call vote . —— •s�l�i�lirn.iwn�i Town Board Minutes 12 July 10 , 1989 Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilwoman Raffensperger Voting Aye Councilman Whitcomb Voting Aye Deputy Supervisor Bartholf Voting Aye The Ordinance was duly adopted . DEPUTY TOWN CLERK RESOLUTIO14 N0 . 171 Motion by Councilman Whitcomb ; seconded by Councilwoman Leary , WHEREAS , the Search Committee received 28 resumes for the position of Deputy Town Clerk and four candidates were personally interviewed , and WHEREAS , -the Search Committee unanimously selected Mrs . Betty F . Poole as the candidate of choice and received verbal approval for hiring frcin a majority of Town Board members , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca officially approves the appointment of Mrs . Betty F . Poole as Deputy Town Clerk to begin employment on July 24 , 1989 , at an annual salary of $ 19 , 000 per year , with a $ 500 increase upon successful. completion of a three month probationary period and eligibility for an increase in January 1990 . (Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . HACKBERRY LANE SUBDIVISION RESOLUTION NO . 172 Motion by Councilwoman Raffensperger ; seconded by Deputy Supervisor Bartholf , WHEREAS , the Town of Ithaca Subdivision Regulations require the Town Board. to approve proposed public facilities , such as proposed roads , water and sewer mains , and open space , and WHEREAS , on May 16 , 1989 , the Town of Ithaca Planning Board , subject to certain conditions , granted Preliminary Subdivision Approval to the proposed " Hackberry Lane " Subdivision , proposed to consist of five single- family lots on a 6 . 43 acre portion of Town of Ithaca Tax Parcel No . 6-31- 1-3 . 1 , 44 . 05 acres total , located at 144 Coy Glen Road , near the corner of Five Mile Drive , NOW THEREFORE BE IT RESOLVED , that the Town Board accepts the proposed street alignment and the proposed locations of public water and sewer mains and appurtenances , subject to conditions "b" through " f" of the May 16 , 1989 Planning Board Resolution . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . The Board discussed the proposed resolution in which the Town would agree to bear the cost differential of installing a 8 -inch watermain and necessary appurtenances and then deferred the resolution . Town Board Minutes 13 July 10 , 1989 PUBLIC HEARING TO CONSIDER INIPROVII= TO THAT PORTION OF THE PRIVATE RIGHT OF WAY ALONG EAST SHORE DRIVE SERVING CERTAIN RESIDENTS DESCRIBED IN SAID PETITION , BY THE MAINTENANCE AND IMPROVEM124T OF THE RIGHT OF WAY Proof of posting and publication of notice of a public hearing to consider :improvement to that portion of the private right of way along East Shore Drive serving certain residents described in said petition , by the maintenance and improvement of the right of way having been presented by the Town Clerk , the Deputy Supervisor opened the public hearing . Jonathan .Albanese and Robert Flumerfelt spoke in favor or the proposal . Town Engineer Sally Olsen presented an estimate of $ 10 , 984 . 85 for repairs to the right of way instead of the $5 , 000 inserted in the legal notice . RESOLUTION NO . 173 Motion by Councilwoman Raffensperger ; seconded by Councilman Klein , WHEREAS , the legal notice listed the amount of $5 , 000 for repairs to the private right of way along East Shore Drive , and WHEREAS , the Town Engineer estimates the amount to be closer to $ 10 , 984 . 85 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorized the proceeding to obtain an accurate cost for the project . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE CONCERNING OCCUPANCY BY UNRELATED PERSONS Proof of pasting and publication of a notice of a public hearing to consider a local law amending the Zoning Ordinance concerning occupancy by unrelated persons having been presented by the Town Clerk , the Deputy Supervisor opened the public hearing . The Deputy Supervisor closed the public hearing . As the Town Board had just received , from the Town Attorney , the proposed aTendments the Board adjourned the hearing . RESOLUTION N0 . 174 Motion By Councilman Klein ; seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct an adjourned public hearing on September 11 , 1989 at 7 : 30 P . M . , to consider a local law amending the Zoning Ordinance concerning occupancy by unrelated persons . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESOLUTION NO . 175 Town Board Minutes 14 July 10 , 1989 Motion b:y Councilwoman Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby refer the proposed local law amending the Zoning Ordinance concerning occupancy by unrelated persons to the Town of Ithaca Planning Board for their consideration at their August 1 , 1989 meeting . ( Bartholf ,. Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . PROPOSED NOISE ORDINANCE Discussion was held on the proposed Noise Ordinance . The Town Board decided to include construction noise in the proposed Ordinance . RESOLUTION N0 . 176 Motion by Councilman Whitcomb , seconded by Councilwoman Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 00 P . M . , on August 7 , 1989 , to consider the adoption of a Noise Ordinance in the Town of Ithaca . (Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . FALL CREEK RECREATIONAL RIVER PROPOSAL A continued discussion was held on the Fall Creek Recreational River Proposal . No action was taken . TCM OF ITHACA WARRANTS RESOLUTION N0 . 177 Motion by Councilwoman Raffensperger , seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated July 10 , 1989 , in the following amounts . General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 130 , 539 . 67 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 34 , 235950 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $452 , 253 . 25 Highway Fund . . . . . . . . . 6 . 069 . . . . . . . . . . . . . . . . . . . . . $ 511P001 . 04 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 362 , 098 . 54 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 126 , 269 . 85 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 484 . 26 (Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 178 Motion by Councilman Whitcomb ; seconded by Councilwoman Raffensperger , Town Board Minutes 15 July 10 , 1989 RESOLVED , that the Bolton Point Warrants dated July 10 , 1989 , in the Operating Budget are hereby approved in the amount of $ 84 , 287 . 83 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Bartholf ,, Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . EX=IVE SESSION RESOLUTION N0 . 179 Motion by Councilwoman Raffensperger ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca moves into Executive Session to discuss possible litigation regarding land acquisition . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . OPEN SESSION RESOLUTION N0 . 180 Motion by Councilman Klein ; seconded by Councilwanan Leary , RESOLVED , that the Town Board of the Town of Ithaca moves into Opens Session . ( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . RESOLUTION N0 . 181 Motion by Councilman Whitcomb ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 6 : 00 P . M . , on August 7 , 1989 , to consider the need and location of the South Hill Recreation Trail and the acquisition of the real property required for the project . (Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye . Nays - none ) . ADiane tsr The meeting was duly adjourned . Town Clerk � r TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION Jean H . Swartwood being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) See Attached . Location of sign board used for posting : Vain Entrance Date of Posting : . _ June 27 , 1989 Date of Publication ;: June 29 , 1989 Toyff Merk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this day of f.EAM 6 CARPEUM Noon► P biia. stm 01 MW Yo*Yoet Qualified in Tompkins Co. Notary P u 1 i c My Comrnission Expires Apfil 30192��\ TOWN OF ITHACA ORDER FOR PUBLIC HEARING ON CONSTRUCTION OF STREET IMPROVEMENT WHEREAS , a petition dated February 23 , 1989 , has been duly presented to the Town Board of the Town of Ithaca , according to Section 200 ( 2 ) of the Town Law , proposing that the Town Board authorize and approve the improvement of that portion of the private right of way along East Shore Drive serving certain residence: described in said petition , by the maintenance and improvement of the road right of way , and WHEREAS , the maxh= amount proposed to be expended for the improvement as stated in the said petition is $ 5 , 000 . 00 it is ORDERED , that the Town Board of the Town of Ithaca shall hold a public hearing on said petition at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 10th day of July , 1989 , at 7 : 30 P . M . , to consider said petition and hear all persons interested in the subject thereof concerning the same , and it is further ORDERED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a copy of this order certified by her in -the Ithaca Journal , to post a copy of same on the signboard of the Town of Ithaca , as well as conspicuously in five ( 5 ) public places along the above described portion of said right of way , such publication and posting to occur not less than ten nor more than twenty days before the date set forth herein for the hearing . Dated : May 8 ► 1989 Swai: the Town Clerk of the Tcn of Jean H • The undersigns ► foregoing resolution is a Ithaca ► does hereby certify that the °f a resolution duly adopted by the Town true and correct copy and held on ° f the T� of Ithaca at a meeting duly Board Ma,� 8 ► 19890 can H . Swartw Town Clerk PUBLISH : June 29 . 1989 r ATFIDA177 0f m XLX :AVO)k+ THE ITHACA JOURNAL ' _ . . .. . . .. . . _ . ... . . .. . . __. _ . . . . , = t kto ILL L 1 •, ~" a i cAmin tv amb r. tiltbe it - 1 er !-`- -- --___. .._.. _ — - - — - -- - - - . .. . _. ..:. . ._. .. _ TOWN OFITHACA�- NOTICE OF PUBLIC HEARING , cz Tst I : r1cA jo:-1<NA3. a g„S�ic pt TPar''� P 1 'R__L� � p1; ��:SliOa _ PLEASE TAKE NOTICE, that the Town Board 'of the Town of ' 1t�2 ' L E . 0 =A t.1.S` Dti�'S -, ' W .. ^ tle L".SSt2C is i .trUeo ,th'p9blicrheo•nngponJul'd�OtTl _. F 9 at 8:00 cl the - ! Town Hall; 126 East Seneca' �. Street, _ Ithaca, ; New ,York, to consider a ' local ' law amend­` ng the Ord n ce con-' C cerningZoccupancy byfunre= , SO _ ._� � _. _ ... ._. _. ._—_ — . _.. __. _ —�. ._ .._ .—.., toted persons and will at this 7 . , time hear all persons inrfavor`, , of or opposed to 'the 'adoptiofi of said local law'. . f ' Jean H Swortwood . . i • i• June 30, 1989 " Town _I To Clerk t .,� .. - . . .. . .. .. . .. .. ... ... . - .. . . ... . . .. . .. .. .. _... . . .... ... . .. . ... __.._ . JEAN -, FORD : T:C� Ft27, : . i Notary Public, State of- New York . No. 4654410 Qualified in Tor pins Count Y f 9!: Commission expires May 31, 19 ._ ,• / - IT IIJ I; w III III T14 E I I"' HA � A J 0 RN A - . .. . ... . .. . . . . .. .. . .. . . _.. . . . . . be e .1mi . sr•-o: ' d -xses uNz , .:-: 1zt rt~i � I • i, Gorr '� sr_ '_ r: ± - a.' _r�vZ cr, = teat be is_. - J erg- --. _�_. . — _ _- _ _ _ _ _ . ._ . ._ . .. . _. .... .. - — . .. 4 t: _ , . T A _ OW N OF. I TH C t - • 1 i ,1 1 1 ; NOTICE OF PUBLIC HEARING a Tt� I :s1cw jo:- F.N w>. a g„bs � �"' TPar'-? p ea ., g •.sti, od _ _ - . . PLEASE TAKE NOTICE, thatthe Town Board of the Town 'of : Ithaca will meet and conduct; , .. 3 t:tea pt „ti tL , , - .- ' - --- ' 1�2 L��* _ `ill AY.S _ �F'1'y .l . .� tyI) Gx C 3S ! t ru e ' a public hearing on .luly ;t�0, :�� It _ -- - - - - - --_ 199889 at - 7:00 Eas a ce Hall , 1 !: Y•C _� •_,• btreetthaco, NewtYorke;tgJ*" —_,_ . ...r. .-___ _— .- . consider a local lam re to hn I Q arking in the-Town of Ithaca during snow . removal opera "�- • - ' lions and will at this time hear ,. all persons in favor of or op-I... Posed to the adoption of said. ,- .. ._ .� .- - - ----• . . . . __ _ .._ _ . _ — . .... . .. . . . .. _ _ . . . ._. .. .._ .. - - - .... �. ._ • - - local law. • Jean H Tow Clerk RA f� ► ' ust L' S i "�:•s c ` :L Of 1 =: = DC � �� �'� Q � `.�. a �. .. . . . - - June 30, 1989 H. Swartwood G n ' • I � . Cam--9_ . _. . . . _. _ - . - •-• •-• .. . . .• • _ - •••-- -.. , .. _ ..-_ .._ . - • _ (Ds -- - - _ __ _ - _ .. , r.E r C JEAN FORD CUZI Notary Public, State of New York _ No: 4654410 ' - Qualified in Tompkins County 1 ' C: ommIssIon expires May , 31 ( 19 . f _ - = y