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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