HomeMy WebLinkAboutTB Minutes 1989-12-29 TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I , 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 : ; lain ' Entrance
Date of Posting _ December 22 , 1939
Date of Publication : December 28 , 1939
r,
\ /
TO*n - Clerk ; Town of Ithaca
STNfE OF NEW YORK
COUNTY OF TOMPKINS ss ,
TOWN OF ITHACA )
Sworn to and subscribed before me this day of \
19 LEAN S. CARPENM �.
Amory Pubft SWe of ftw York
Qu811ifiW in Tompkft Co. Wio. 47871
Mr Commision Expires April 30, 19.. \ • Notary ub 1 i c
TOWN OF ITHACA
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE , that the Town Board of The Town of Ithaca will , conduct a
public hearing at .7 : 00 P . M. ; on January 8 , 1990 , at the Town Hall , 126 East
Seneca Street , Ithaca , New York , to consider a local law amending the Zoning
Ordinance relative to the Occupancy of Two-Family Dwelling Units and will at
this time hear all persons in favor or opposed to the adoption of said local law .
Jean H . Swartwood
Town Clerk
PUBLISH : December :28 , 1989
TOWN OF ITHACA
YEAR END TOWN BOARD MEETING
December 29 , 1989
At the Year End Meeting of the Town Board of the Town of Ithaca ,
Tompkins 1COuntyr New York , held at the Town Hall , 126 East Seneca
Street , Ithaca , New York , on the 29th day of December , 1989 , there
were :
PRESENT : Noel Desch , Supervisor
Henry McPeak , Councilman
Shirley Raffensperger , Councilwoman
Patricia Leary , Councilwoman
David Klein , Councilman
John Whitcomb , Councilman
ABSENT . Robert Bartholf , Councilman
ALSO PRESENT: John Barney , Town Attorney
Erik Whitney , Assistant Town Engineer
Susan Beeners , Town Planner
Edward Olmstead , Fire Chief
Representatives of the Media :
Jay Cox , Ithaca Journal
PLEDGE OF A ZMIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
Assistant Town Engineer ' s Report
Assistant Town Engineer Erik Whitney reported that the TV
inspection of the sewers in the Northeast is going well . We have
about 3 , 000 feet done and the mains look in very good shape . We
have worked up an initial estimate of the work to be done on
Kendall Avenue and now we will start on a matching estimate for
Pennsylvania Avenue .
Town Highway Superintendent ' s Report
Supervisor Desch noted that Highway Superintendent John Ozolins was
out plowing and unable to be at the meeting .
Building I=nspector/ Zoning Officer ' s Report
Andrew Frost , Building Inspector/ Zoning Officer is ill .
Town Planner ' s Report
Town Planner Susan Beeners reported that since the last Town Board
meeting , one Planning Board meeting had been held which consisted
mostly of development review . The Chamber of Commerce modified
site plan was approved with certain conditions , Klondike Manor
Town Board Minutes 1 2 December 29 , 1989
subdivision was approved with conditions , and a back lot
subdivision on Rich Road was approved subject to the Zoning Board
of Appeals granting certains variances on it . She went. on to say
that they were continuing working on the precensus review and the
screening of a technician on a temporary basis .
TEMPORARY PLANNING TECHNICIAN
RESOLUTION N0 , 349
Motion by Councilwoman Raffensperger , seconded by Councilwoman
Leary ,
WHEREAS
1 . The Planning Department has recommended the hiring of John D .
Czamanske as Temporary Planning Technician during the period
from January 3 - February 12 , 1990 ;
2 . It is understood that the Town Planner will make a
recommendation at the February 12 , 1990 Town Board meeting as
to the status of advertisement and selection of a full-time
Planning Technician , and the status of Mr . Czamanske ' s work ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca approve and hereby does approve the hiring of John D .
Czamanske as Temporary Planning Technician for 37 . 5 hours per week
from January 3 - February 12 , 1990 ( 29 days total , 217 . 5 hours ) , at
a rate of $ 10 . 00/hour , based on an annualized rate of $ 19 , 500 , to
be paid out of Account Number B8020 . 100 .
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none) .
REPORT OF COUNTY REPRESENTATIVES
Supervisor Desch noted that no County Representatives were present .
HEALTH INSURANCE FOR TEMPORARY FULL TIME STATUS EMPLOYEES
Supervisor Desch remarked that this item was no longer an issue
since the Board has a proposal to consider the appointment of Dani
Williams to the Zoning Department Secretary ,
YEAR END BUDGET TRANSFERS
RESOLUTION NO . 350
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the following 1989 Year End Budget Transfers :
GENERAL TOWNWIDE
FROM : TO :
A1010 . 1 $ 494 . 58 A1430 . 2 $ 378 . 91
A1410 . 2 $ 115967
$ 494 . 58
Town Board Minutes 3 December 29 , 1989
A1010 . 2 $ 11470 . 90 A1440o2 $ 1 , 470990
A1110 . 2 $ 387957 A501094 $ 355 . 71
A1340ol $ 31 . 86
$ 387957 $ 387957
A122092 $ 100000 A9055 . 8 $ 47 . 72
A5132 A $ 52 . 28
$ 100000 $ 100000
A1330 A $ 1 , 029 . 05 A5132 A $ 1 , 029 . 05
A1340o2 $ 1 , 170 . 04 A1440 A $ 1 , 170 . 04
A1340 A $ 794 . 01 A1410 A $ 794 . 01
A1410ol $ 2 , 060 . 09 A1532 A $ 2 , 060 . 09
A1440 . 1 $ 3 , 519 . 17 A1532 A $ 31 519 . 17
A1450o2 $ 62 . 26 A1420 . 4 $ 28 . 26
A7140 . 1 $ 34 . 00
$ 62 . 26 $ 62 . 26
A1450 A $ 51824 . 23 A7140 A $ 5 , 824 . 23
A1620ol $ 444 . 05 A5010 . 2 $ 143 . 94
A1430 A $ 300 . 11
$ 444 . 05 $ 444 . 05
A1620 . 2 $ 190 . 14 A1430ol $ 82 . 36
A1430 A $ 107 . 78
$ 190 . 14 $ 190 . 14
A1620 . 4 $ 800 . 05 A1410 . 4 $ 800 . 05
A1670o2 $ 868945 A1410 A $ 868 . 45
A1670 . 4 $ 8 , 538 . 81 A7140 . 4 $ 81538 . 81
A1910 A $ 10 , 183 . 00 A1420 A $ 10 , 183 . 00
A1990 A $ 650 . 18 A1430 A $ 650 . 18
A3310 . 4 $ 1 , 312 . 50 A1430ol $ 1 , 312950
A5010ol $ 804 . 00 A1410 A $ 804 . 00
A5182 . 4 $ 11671913 A1440 . 4 $ 1 , 671 . 13
A5630 A $ 3 , 208 . 49 A1110ol $ 2 , 022 . 50
A1110 . 4 $ 11185 . 99
---------------------------------------------------------------------
$ 31208 . 49 $ 3 , 208 . 49
A714M $ 300 . 00 A1340ol $ 300 . 00
A7320 . 4 $ 93907 A1010 A $ 92 . 19
A513294 $ . 88
---------------------------------------------------------------------
$ 93 . 07 $ 93 . 07
A7510 . 4 $ 1 , 000 . 00 A1410 A $ 1 , 000000
A9010 . 8 $ 2 , 895 . 01 A7140 A $ 21326 . 52
A9030 . 8 $ 510 . 57
A1410 . 4 $ 57 . 92
$ 2 , 895 . 01 $ 2 , 895901
A904098 $ 1 , 855 . 43 A1420 . 4 $ 11855 . 43
A9060 A $ 41357 . 18 A7140 A $ 4 , 357 . 18
A599 $ 11892 . 71 A1320 . 47 $ 200 . 00
A1220 A $ 266 . 77
A1221ol $ 925 . 94
A5132 A $ 500 . 00
Town Board Minutes 4 December 29 , 1989
$ 1 , 892 . 71 $ 1 , 892 . 71
GENERAL 01JTSIDE VILLAGE
B1910 . 4 $ 11 , 771 . 27 B8020 . 4 $ 10 , 079 . 45
B8020 . 1 $ 1 , 691 . 82
$ 11 , 771 . 27 $ 11 , 771 . 27
B1990 . 4 $ 299 . 20 B3310 . 4 $ 299 . 20
B3120 . 1 $ 177 . 31 B8010 . 2 $ 177 . 31
B7140 . 2 $ 11155 . 14 B1420 . 4 $ 773 . 61
B1670 . 4 $ 216 . 34
B7140 . 1 $ 165 . 19
$ 1 , 155 . 14 $ 1 , 155 . 14
B7140 . 4 $ 20 , 754 . 10 B1420 . 4 $ :? 0 , 754 . 10
B9040 . 8 $ 2 , 827 . 83 B9010 . 8 $ 1 , 287 . 75
B9030 . 8 $ 1 , 448 . 32
B9050 . 8 $ 91 . 76
$ 2 , 827 . 83 $ 2 , 827 . 83
B9060 . 8 $ 61484 . 83 B8010 . 4 $ 51623 . 71
B8020 . 1 $ 861 . 12
$ 61484 . 83 $ 6 , 484 . 83
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nay: - none ) ,
DESIGNATION OF OFFICIAL NEWSPAPER
RESOLUTION N0 , 351
Motion Councilman Whitcomb * seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
designate:; the Ithaca Journal as the Official Newspaper for the
year 1990 ..
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
DESIGNATION OF DEPOSITORIES OF TOWN FUNDS
RESOLUTION NO , 352
Motion by Supervisor Desch ; seconded by Councilman Klein ,
RESOLVED , by the Town Board of the Town of Ithaca that the Tompkins
County Trust Company and Norstar Bank , N . A . , be and the same hereby
are designated as depositories for all monies coming into the hands
of the Supervisor and the Town Clerk/Receiver of Taxes for the year
1990 .
(Desch , McPeak , Raffensperger , Leary Klein and Whitcomb voting Aye .
Nays - none ) .
SCHEDULE OF 1990 TOWN BOARD MEETINGS
Town Board Minutes 5 December 29 , 1989
RESOLUTION NO . 353
Motion by Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adopts
the following schedule of meetings of the Town Board for the year
1990 :
Monday , January 8 , 1990
Monday , February 12 , 1990
Monday , March 12 , 1990
Monday , April 9 , 1990
Monday , May 7 , 1990
Monday , June 11 , 1990
Monday , July 9 , 1990
Monday , August 13 , 1990
Monday , September 10 , 1990
Monday , October 1 , 1990
Thursday , November 8 , 1990
Monday , December 10 , 1990
Monday , December 31 , 1990
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
OFFICIAL 13ONDS
RESOLUTIO14 NO , 354
Motion by Councilman Whitcomb ; seconded by Councilman Klein ,
RESOLVED , by the Town Board of the Town of Ithaca that the bonds
for the following Town Officials and Town employees , in the
following amounts , be approved for the year 1990 :
Town Supervisor , Shirley Raffensperger $ 7. , 0001000
Town Clerk - Receiver of Taxes
Jean Swartwood $ 250 , 000
Justice , Merton Wallenbeck $ 25 , 000
Justice , Warren Blye $ 25 , 000
Superintendent of Highways ,
John Ozolins $ 25 , 000
All other Town Employees , each $ 25 , 000
(Desch , M.�Peak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
TOWN JUSTICE DOCKETS
RESOLUTION N0 , 355
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby accepts
the reports of Justice Merton Wallenbeck and Justice Warren Blye ,
as presented .
(Desch , McPeak , Raffensperger , Leary , Klein and Whitccmib voting
Aye . Nays - none ) .
BUDGET AND RESOLUTION ON SOUTH HILL TRAIL
Town Board Minutes 6 December 29 , 1989
Town Attorney Barney remarked that they had built in a 10 %
contingency into the budget in the hopes that it would not be
necessary to come back to the Board with another resolution because
we would then be subject to another permissive referendum .
Councilman Klein asked , under the line for Town Personnel Services ,
he assumed this was existing staff?
Assistant Planner George Frantz replied yes , that ' s the hours that
will be needed by existing Town staff .
Councilman Klein continued , and will their involvement in this
cause anything else to suffer?
Assistant Planner Frantz replied , no . Much of the project will be
done by the Parks Department , The Highway Department will be
responsible for things like the heavier construction especially
their equipment .
Supervisor Desch remarked that also hopefully the National Guard
will have a part in this but there are no costs associated with
this .
Councilman Whitcomb asked , what is the figure for the additional
land acquisition costs that we are going to incur , the $ 22 , 000
additional that is requested at the bottom? Is that due primarily
to land acquisition? How much more is the total budget for the
trail versus what was originally projected?
Mr . Frantz replied , the construction budget has not changed . We
originally proposed it to be $ 70 , 000 and we kept it .
Councilman Whitcomb asked if land acquisition was included in that
$ 70 , 000 ?
Mr . Frantz, replied , no .
Councilman Whitcomb asked , so how much was the total project cost
more than originally projected?
Mr . Frant2: replied , with the 10 % contingency it ' s gone from $ 97 , 560
to $ 138 , 000 .
Councilman Whitcomb asked how much of the additional will. be coming
back from the State ?
Mr . Frantz replied , none of the additional is reimbursable . We
have a cap of $48 , 763 . 00 coming from the State . That ' s the amount
the grant is for . What we have been able to do to mitigate at
least partly the increase cost is , the State is allowing us to take
that $ 48 , 763 . 00 and allocate it towards cash expenditures instead
of reimbursing us for personnel services .
Councilman Whitcomb remarked , the bottom lines is an increased cost
to the Tmn of approximately $401P000 . 00 .
Town Attorney Barney replied , if you need to use the contingency .
Supervisor Desch added , or if you spend the full budget
authorization on personnel services which was really never
anticipated. . The plan has always been that the actual out of
pocket costs to the Town for labor would be very low . It should
fall below the original $ 97 , 000 even with the additional load of
the acquisition costs .
Town Board Minutes 7 December 29 , 1989
Town Attorney Barney remarked that in the original budget there was
nothing put in for legal fees or appraisal costs , under the law
they should be allocated to this project and there is now $ 5 , 480 . 00
in there for that .
Councilman Whitcomb asked if there was anything new on the land
acquisition ?
Town Attorney Barney replied that he was not aware of anything new .
i However , if the Board wanted to review the status it should be done
in Executive Session .
Councilman Whitcomb replied that he would like to do that .
BAN ' S FOR ITHACA AREA WASTEWATER TREATMENT PLANT
Supervisor Desch stated that basically the last BAN for the Ithaca
Area Wastewater Treatment Plant needed to be renewed for another
year pending the final reimbursement by the State and Federal
government . The amount of the BAN that was paid off was about
$ 350 , 000 and the amount that has now been renewed for one last year
is approximately $ 124 , 000 . There will be a net amount ii-i the order
of about .$50 , 000 of Town of Ithaca local share cost that will need
to be paid a year from now to close out the borrowing .
RESOLUTION N0 , 356
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the ratification of the BAN for the Ithaca Area Wastewater
Treatment Plant .
(Desch , N.(cPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
HEIGHT AM MMENTS
Town Attorney Barney stated that the Planning Board , when this was
submitted to them , there was some additional discussion . As you
remember the original amendment was a simple one , we basically said
we would define a cellar and basement , one being more than 500
above grade and the other being 50 % below grade , the latter being a
cellar and when the house was constructed with a cellar we would
enlarge the interior permitted height dimensions to 38 ' from 341
.
There was some concern expressed about how one could move the
ground around and you might end up with a situation where the house
met the 30 ' requirement but having an 8 ' or 10 ' basement . So the
Planning Board was aware that there is an anticipated appointment
of a Codes and Ordinance Committee and they felt it would be a good
idea for the Committee to study the whole thing both the height and
the changing of the grade . Further action to be taken by them
after review by the Codes and Ordinance Committee ,
SET DATE FOR PUBLIC HEARING TO AMEND TWO-FAMILY OCCUPANCY
RESOLUTION N0 , 357
Motion by Councilman McPeak ; seconded by Councilman Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 00 P . M . , on January 8 , 1990 to
consider a local law amending the two- family occupancy .
Town Board Minutes 8 December 29 , 1989
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none) .
AGREEMENT FOR USE BY TOWN COURT OF COUNTY SPACE
Town Attorney Barney stated that he had met with the County
Attorney and their risk manager who had his usual point of view
that everybody else take the risk except the County . He maintains
that some of the provisions in there are standard provisions and
that our insurance company would have no problem with them . He
went on to say that he was sending the information to the Town ' s
insurance company and asking him to respond as to whether we can
give this without costing the Town anything otherwise he would meet
again with the risk manager .
APPOINTMENT OF CHAIRMAN OF TOWN OF ITHACA PLANNING BOARD
RESOLUTION N0 , 358
Motion by Councilman Klein ; seconded by Councilwoman Leary ,
WHEREAS , the Town of Ithaca Planning Board has recommended the
reappointment of Carolyn Grigorov as Chairperson of the Planning
Board ,
NOW THE FORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby approves the reappointment of Carolyn Grigorov as
Chairperson for the Town of Ithaca Planning Board for the year
1990 .
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nay:3 - none 1 *
ZONING DEPARTMENT SECRETARY
RESOLUTION No . 359
Motion by Councilwoman Raffensperger ; seconded by Councilwoman
Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the appointment of Dani Williams as the new Department Secretary ,
Building/ Zoning Department effective December 29 , 1989 at
$ 8 . 00 /hour for 37 1 / 2 hours per week , and
FURTHER BE IT RESOLVED , that the probationary period be waived
because Ms . Williams has been working as a temporary secretary at
Town Hall since June 5 , 1989 and has proved herself very capable in
her assignments .
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
WATER ACCOUNT REFUNDS
RESOLUTION No . 360
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
( 1 )
WHEREAS , the customer at 105 Maplewood Drive has been reading his
meter wrong ,
Town Board Minutes 9 December 29 , 1989
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 132 . 10 for water , $ 13 . 21 water
surcharge , $ 73 . 94 sewer and $ . 923 sewer surcharge , total refund of
$ 228 . 48 be paid to Bruce Sonnenfeld , 105 Maplewood Drive , Ithaca ,
New York . Account Number V-3378 .
( 2 )
WHEREAS , the house at 333 Saranac Way was set up under two
different addresses and , therefore , received two bills for the same
house ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 20 . 52 for water , $ 2 . 05 water
surcharge ,, $ 9 . 27 sewer and $ 1 . 44 sewer surcharge , total. refund of
$33 . 28 be paid to Deer Run Investors , 90 Whitetail Drive , Ithaca ,
New York . Account Number V-4301 .
( 3 )
WHEREAS , the house at 335 Saranac Way was set up under two
different addresses and , therefore , received two bills for the same
house ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 20 . 52 for water , $ 2 . 05 water
surcharge ,. $ 9 . 27 sewer and $ 1 . 44 sewer surcharge , total refund of
$33 . 28 be paid to Deer Run Investors , 90 Whitetail Drive , Ithaca ,
New York . Account Number V-4302 .
( 4 )
WHEREAS , an over estimated bill was rendered during the time the
house at 317 Sunnyview Lane was vacant ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund in the amount of $ 11 . 37 for sewer
be paid to Robert Hamberger , 206 Skyhill Road , Alexandria , Virginia
22314 . Account Number S-3707 .
(Desch , Mcpeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
PERSONS TO BE HEARD
Supervisor Desch , speaking to the Fire Chief stated that he was
still waiting for a response to some draft wording on the fire
contract that he gave to Dominick Cafferillo who needed to update
the numbers to reflect the people who were added a year ago .
Edward Olmstead , Fire Chief , remarked that one of the questions had
to do with the language about the agreement with the Personnel
Committee . He stated that his first handout was a memorandum frog.
Sean Killeen who chaired the committee and the second page is an
extract of the Common Council minutes in which they list the four
component.s of the committees recommendation . He went on to say
that there was nothing in there about the financial numbers . The
second handout is just an extract from the final budget for the
City . He stated that he wanted to urge that the matter proceed
because we have to offer employment to these people by February
15th and we have to give them sufficient time to notify their
employers and to be on board with the fire department , the classes
start on the 26th of March . That is our point of no return . We
normally allow two of four weeks notice to the employer and that
allows us to have them on board a week so that we can get them
equipped and oriented to the fire department otherwise their first
day on the job is the first day at the academy . The February 15th
Town Board Minutes 10 December 29 , 1989
date is a critical date to us . We can proceed but we cannot offer
employment until the contract is nailed down and signed .
TOWN OF ITHACA WARRANTS
RESOLUTION N0 , 361
Motion by Councilman McPeak ; seconded by Supervisor Desch ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated December 29 , 1989 , in the
following amounts .
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 ?. 2 , 281 . 55
General Fund - Outside Village . . . . . . . . . . . . . . . . . . . $ 69 , 491 . 17
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 421p027 . 42
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 129 , 707 . 60
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 , 433 . 04
Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 461 . 86
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nay: - none ) ,
EXECUTIVE SESSION
RESOLUTION NO . 362
Motion by Supervisor Desch ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby move
into Executive Session to discuss land acquisition and possible
litigation .
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
OPEN SESSION
RESOLUTION N0 . 363
Motion by Supervisor Desch , seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby move
back into Open Session .
(Desch , McPeak , Raffensperger , Leary , Klein and Whitcomb voting
Aye . Nays - none ) .
SOUTH HILL TRAIL
Councilman. Whitcomb stated that he was reluctantly going to vote
yes but in light of the increased costs if it comes back for more
increases later he would not be able to vote for that .
RESOLUTION N0 . 364
Motion by Supervisor Desch ; seconded by Councilman Klein ,
WHEREAS , the Town Board of the Town of Ithaca , Tompkins County , has
determined that the recreational needs of the Town require the
establishment of a recreational trail along South Hill in the Town
as more particularly outlined below , and
Town Board Minutes 11 December 29 , 1989
WHEREAS , the Town Board of the Town of Ithaca has heretofore made
specific findings and by this resolution hereby reaffirms same as
follows :
1 . There is a need for the South Hill recreation way to provide
recreational , pedestrian , bicycle , and related activities off of
public highways in a safe , properly designed and maintained area
that excludes vehicular traffic .
2 . The public use , benefit or purpose to be served by the
proposed project includes the provision of publicly available
recreational facilities for use by bicyclists , pedestrians ,
joggers , and other recreational pursuits involving non-motorized
vehicles in an area and location that is not adjacent to or in
public highways where cars , trucks , and other vehicles endanger the
recreational users .
3 . The approximate location of the proposed South Hill recreation
way is largely along the former Delaware , Lackawanna & Western
Railroad and the former Lehigh Valley Railroad rights-of-way and
certain adjacent properties including lands owned by New York State
Electric & Gas Corporation ( tax parcels Nos . 54-7-50 , 53-1-22 . 21P
53- 1-22 . 3 , 51- 1- 2 , and 48- 1- 13 ) , lands owned by John I . Sincebaugh
( tax parcels Nos . 53- 1-13 , 54-7-23 and 53-1- 22 . 1 ) , a portion of
property owned by Donald Street (tax parcel No . 48-1- 14 . 1 ) , and
portions of property owned by Therm Inc . ( all or a portion of City
of Ithaca tax parcel No . 91-4- 1 , Town of Ithaca tax parcel Nos .
54-2- 11 54-4-1 , and 53-1-12 ) . The location runs substantially
along premises presently generally used for pathway purposes lying
largely within the New York State Electric & Gas Corporation
easement with certain connections across the Sincebaugh and Street
property all as more particularly shown on survey maps related to
the South Hill Recreation Trail on file in the Town Planner ' s
Office in the Town of Ithaca .
49 The site of the proposed project was chosen as being the most
feasible alternative with the least impact on private landowners in
that it runs along what is presently in substantial part an
existing pathway with necessary connections being provided to
public highways at various points along the route as shown on the
above mentioned maps . The proposed project cannot be feasibly
located elsewhere as it would require substantial amounts of
additional. construction , cuts in the bank on which the current New
York State Electric & Gas Corporation path runs , and other
extensive additional costs .
5 . The proposed project would have no significant negative effect
on the surrounding environment and the completed project will
substantially improve the quality of life for the Town of Ithaca
residents .
60 The effect of the proposed project on the residents of the
locality would be beneficial in that it would increase property
values by providing a publicly usable recreation way for said
residents connecting from Burns Road in the Town of Ithaca to
Hudson Street Extension in the City of Ithaca .
NOW THEREFORE BE IT RESOLVED , that the Town Board hereby adopts and
reaffirms the above determinations and findings , and
IT IS FURTHER RESOLVED , that the Town Board hereby establishes a
South Hill Recreation Trail in substantially the locations
described above with such variations in locations as may be deemed
necessary by the Town Planner or Town Engineer to accommodate site
and other conditions that may appear during the course of planning ,
designing and constructing said trail , and
Town Board Minutes 12 December 29 , 1989
IT IS FURTHER RESOLVED , that the Town Board authorizes pursuant to
Town Law Sections 220 and 223 the expenditure of up to $ 138 , 478 . 04
for the expenses of such project as the same are defined in Town
Law Section 223 , including costs of acquiring lands , designing the
trail , and constructing the trail , and
IT IS FURTHER RESOLVED , that the Town Board hereby authorizes the
Town Supervisor , Town Engineer , Town Planner and Town Attorney to
take such steps and to execute such documents as may be necessary
in order to acquire , design , construct , and complete said trail
including the application for , and consummation of , any grants from
federal or state governments for the purpose of defraying the costs
of such trail , and
IT IS FUR.MR RESOLVED , that the Town Clerk within ten days of the
adoption of this resolution post and publish a notice and abstract
or copy of this resolution in the manner required by Town Law
Section 90 specifying this resolution was adopted subject to a
permissive referendum .
The Supervisor called for a roll call vote .
Councilman Klein Voting Aye
Councilwoman Leary Voting Aye
Councilman McPeak Abstaining
Councilwoman Raffensperger Voting Aye
Councilman Whitcomb Voting Aye
Supervisor Desch Voting Aye
The Resolution was duly adopted .
Councilman MCPeak stated that as this was his last meeting and he
did not think he should vote to put this burden on the community
when he would not be here .
SUPERVISOR ' S REPORT
Supervisor Desch remarked , it is a privilege and a distinct honor
to be the person who brings to a close the chapter in our Towns
history represented by the decade of the 80 ' s . When we started
this decade we had great aspirations for our Town namely , the
achievement of our rightful place in the cc mnunity of
municipalities in our region . In many ways our Town has " come of
age . We , during this decade now have in place the agreements that
provide the necessary level of authority to control our destiny for
the long term future as equal partners and we have shown the
ability as a Town to handle the attendant responsibility .
During the 10 years we have assured the provision of critical fire ,
water and sewer services to much of the Town at costs per house
hold for taxes or other assessments among the lowest in Tompkins
County while improving the basic delivery of all services under our
stewardship . How could all of this have been accomplished in such
a short tame ? It is because of the atmosphere of mutual respect
and trust ,, bipartisanship at all the intermunicipal arenas where
the decisions had to be made . Obviously , these accomplishments did
not come about automatically nor even readily . There was plenty of
opportunity for dispair and on occasion failure was imminent . Like
door to door salesmen or politicians running for office , all of us
as players in this struggle found ourselves persistently repeating
the facts until finally enough of our colleagues gave the specific
matter the! attention it deserved .
Town Board Minutes 13 December 29 , 1989
At the sane time , the record of the 80 ' s would have fallen short
had it not been for the harmonious interrelationships among and
between the various Town of Ithaca Boards and staff . At no time
did internal differences of opinion delay or dilute the end result
but rather strengthened our position and enabled us to move forward
as one team . It is this demeanor and attitude that has contributed
the most to making my years as Supervisor extremely enjoyable and
rewarding .
When I became a member of the Planning Board 24 years ago we had no
planner , no engineer , no support staff other than the Town Clerk
and a part-time zoning officer who was also recording secretary for
the ZBA and Planning Board . Interestingly enough this is where our
municipal neighbors find themselves today , in many cases with
growth pressures that exceed ours . But our growth in staff has not
been typical of most municipalities , ours has been thoroughly time
tested , painstaking and deliberate and the result is that at no
time have we had to look back and say " that was unnecessary " .
On another note , I have run for elective office 9 times having won
the first eight times . Ironically I have had the good fortune of
never being concerned about my political future , where the votes
were expected to cone from , etc . Had that been the case some of
the most important ideas such as the sprinkler law would never have
seen the light of day . I leave office with no unfulfilled
promises , for no promises were made only recognition of unfulfilled
needs .
And so we ,, together , have brought the Town to the threshold of the
90 ' s well prepared to handle the challenges ahead from every angle ,
economic strength , fiscal soundness , staff and board competence and
citizens interest . I wish all of you every success on our behalf ,
we as your constituents , you as our leaders .
No farewell would be complete without at least one word of advise .
I will burden you with only one but it is a critical one .
Remember , the movie " Support you local Sheriff " . Well , my line is
support your local Town Supervisor . Not I don ' t mean you have to
agree or vote the same on all issues but the Towns future demands
that both the Board and the people of the Town listen to her side
of all issues before making up their minds on their position .
And now , for the first time I reveal a pledge that I made to myself
when I took the oath of office for Town Supervisor 12 years ago . I
pledged that whatever position I took on behalf of the Town would
have , also , to stand the test of being of mutual benefit to the
greater Ithaca as well . I did not know whether I could keep that
pledge throughout my years of service but I am pleased to report
that I have been available to meet that commitment .
And so we depart and assume different roles but it will really make
no difference in my attitude and warm regard for each of you . I
will continue to be available to you for counsel , information or
just to bounce ideas against . Thank you people of the Town of
Ithaca and all of Ithaca for your trust , confidence and support .
ADJOUFMENIIT
The meeting was duly adjourned .
Town Clerk