HomeMy WebLinkAboutTB Minutes 1990-05-07 TOWN OF ITHACA
REGULAR TOWN BOARD MEETING
May 7 , 1990
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 , on the 7th day of May , 1990 , there were :
PRESENT : Shirley Raffensperger , Supervisor
John Whitcomb , Councilman
Patricia Leary , Councilwoman
Frank Liguori , Councilman
Catherine Valentino , Councilwoman
Karl Niklas , Councilman
ABSENT : David Klein , Councilman
ALSO PRESENT : John Ozolins , Highway Superintendent
Daniel Walker , Town Engineer
Andrew Frost , Building Inspector/ Zoning
Officer
Peter Grossman , Town Attorney
John Barney , Town Attorney
Beverly Livesay , Board of Representatives
Kay La Londe , 412 Winthrop Drive
Harlin McEwen , 422 Winthrop Drive
Tim Benedict , 410 Winthrop Drive
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
Supervisor ' s Report
Supervisor Raffensperger reported that she wanted to report on some
Of the meetings that she , Town Board members and staff have been
involved in recently . On April 11th , Ron Brand from the consulting
firm for Planning met with the Planning staff and committee chairs ,
to clarify the work plan for the various committees , staff
responsibilities and a work plan for the comprehensive planning
effort . She stated that she had been invited to a meeting out at
the County Airport by the County to discuss their plans for the
extension of the airport and understand that they are now hiring
someone to contend with the Corp of Engineering in advance of
making all of their plans and proposal . The Supervisor went on to
say that she and the Town Clerk had attended a meeting at the
County also , concerning a County proposal for tax collections in
installments . Most of the Towns are very concerned about this . It
seems as -the County will up front all of the money but she was not
sure that she absolutely believed it and she planned to make very
sure of it . But all of the Tax Collectors are very concerned about
what looks as if it might become a year round proposition of
collecting taxes . Certainly there will be costs to municipalities
and she felt a great deal of confusion among tax payers . The
County seems to be very willing to listen to the input from the
Towns . She stated that she did not know where it was going but she
felt it needed a lot of clarification before the Town of Ithaca
Town Board Minutes 2 May 7 , 1990
would sign on to it . She stated that she understood that
eventually they will ask the Towns for a formal assent or descent
from the proposal but she felt the terms were so unclear that it
was not possible to bring it to the Board at this point .
Supervisor Raffensperger continued , noting that she and the
Planning Department had also gone to a meeting that the County
called to discuss some proposals , very indefinite ones and student
generated , for the use of County land on West Hill . The Planning
Department is going to respond to some of the specific inquiries as
to zoning and transportation and etc . , out there . Last week ,
staff , scone South Hill residents , Karl Niklas and herself and
representatives from the Sheriff ' s Department and the owners of
College Circle met to address some problems of extremely noisey
parties in that area around Ithaca College . The Sheriff was given
a copy of our Noise Ordinance , was very cooperative and very
anxious to bring an end to the problem . If we have another ruckus
of the quality of what has gone on before , they will issue
appearance tickets . It doesn ' t seem possible to control it in any
other way . We have been working on the necessary financing for the
water and sewer capital project . There have been a lot of Cornell
meetings on their plans and projects , their Master Plan , library
construction , road closings , all kinds of things . She went on to
say that she had had a lot of calls concerning spring pick up
which , unfortunately , is non-existent in the Town . She stated that
she wanted to revisit this subject next year as she felt it was
necessary to look at this again for cost and scheduling because it
does seem to fill a real need in the Town for some kind of a spring
pick up .
Supervisor Raffensperger stated that she had one more item which
she would like the Board ' s consensus on . Linda Terry called her
and then wrote a letter . The Lutheran Women ' s Missionary League is
going to be meeting at Ithaca College on June 8 to 10th and would
like a resolution from this Board extending a warm welcome to these
women in the Town of Ithaca . If the Board agreed she would came up
with an appropriate resolution in the Board ' s name .
Town Engineer ' s Report
Town Engineer Dan Walker reported that he and the Planning
Department had been working to attack the pile of development
reviews that are in the . process of review . and that he had spent a
significant amount of time reviewing projects on East Hill and
Cornell with several meetings with Cornell staff to try to set up a
procedure where we can facilitate environmental review processes
and development review in a systematic way . He thought they were
making some progress and by next month some real solid progress .
The water system on West Hill , he had started to look into the
Problems with fire flow there due to the hydrophenumatic station
that was put in as a temporary measure and he will be meeting with
Bolton Point next week to discuss the situation of coding the
hydrants . They are producing about 200 gallons a minute from the
hydrants so there is some fire protection . The correction of that
problem is going to be a long term one but there is a need for
additional water on West Hill and they are looking into that .
Stearns & Wheler ' s preliminary design has come in for the Troy Road
tank and he was in the process of reviewing it . The Town
Engineering staff has been surveying up in the Woolf Lane -
Trumansburg Road area for the sewer extension .
Highway Superintendent ' s Report
Town Board Minutes 3 May 7 , 1990
Highway Superintendent John Ozolins stated that we had two trucks
serviced , one was sand blasted and the other one was repainted .
The equipment was changed from winter to summer equipment . One of
the loaders had to be rebuilt . A culvert on West Haven was
replaced in preparation for repaving also shoulder repairs and
ditching „ Park activities included working on and installing some
new play structures , mainly in the new Troy Park . We also
installed a culvert in the drive-in area for the new park . They
have planted 72 trees which were raised by the Parks crew .
Building Inspector/ Zoning Officer ' s Report
Building Inspector/ Zoning Officer Andrew Frost reported that there
is a mobile ham on Floral Avenue which has been there since about
July last year . It was placed there by the property owner who
obtained a building permit last May to build a house . There has
essentially been no activity up until a couple of weeks ago when
excavation and the foundation was started . Since July he has had a
lot of complaints about the mobile homes which is permitted . He
stated that he would like to discuss this in Executive Session
later in the meeting . He then went on to discuss a letter which he
proposed to be sent to people who have had building permits but
have not gotten a certificate of occupancy or a certificate of
completion on the building .
Councilman Liguori asked if it would be a problem to list what
items were needed for completion ?
Mr . Frost: replied that it was basically a problem of staff time .
These are mostly small additions or garages or something like that .
The Building Inspector/ Zoning Officer stated that 12 building
permits were issued for the month . 18 Certificates of Occupancy
were issued and we investigated 12 new complaints . A total of 99
field visits were conducted and issued 2 sign permits .
Supervisor Raffensperger noted that the Planning Department has
been very busy and she thought some knew that Susan Beeners has
been ill and out . The Planning Department with the Town Engineers
help has filled in wonderfully with all of the agenda items for the
meetings . The survey is on it ' s way out .
Assistant Planner George Frantz replied that he did not have a
formal report . He went on to say that about two-thirds of the
survey packets went out today , the other third should go out
Wednesday . He went on to say that the Planning Board had met
twice . On April 3rd there was a presentation by Cornell University
of their Campus Master Plan along with sketch plans for several
projects in the orchards area , including up caning projects at the
East Hill Plaza ,
REPORTS OF TOWN COMMITTEES
Councilman Niklas remarked that he had nothing to report but would
like to invite Dan Walker and John Whitcomb to the next Codes and
Ordinance Committee meeting where they will be talking about
grading and filling .
Councilman Whitcomb stated that the CPC , in addition to the survey
which has been their major task the past couple months , also met
with Ron Brand and looked at the preliminary outline of the
Comprehensive Plan and from that we flow a work plan . He
continued , CAC is finally coming to grips with what it ' s mission is
Town Board Minutes 4 May 7 , 1990
and has several subco ittees , one of which has met with
representatives from the City on the Six Mile Creek protection
project . The Ag Committee has done a survey of farm land and
farmers in the Town , the result of that will be published on or
about May 11th . He reported that he and Dooley Kiefer went to a
SEQR Workshop sponsored by people in DEC in Rochester a couple of
weeks ago and a report will be put in the Town Board members boxes .
REPORT OF COUNTY REPRESENTATIVES
County Representative Beverly Livesay stated that the County has
just completed a Civil Service job reclassification study with pay
equity component . We are now in the process of implementing that .
The B & A Committee voted today to recommend to the Board that all
of the election costs be apportioned back to each of the
municipalities . She went on to say that she knew the Supervisor
and the Town Clerk had attended the meeting on the paying of taxes
in installments . She stated that she had gathered from reading the
minutes of the meeting that neither were too thrilled with the
idea .
Supervisor Raffensperger replied , part was not being too thrilled
and part was trying to clarify what was meant . For example , she
was assured , that the County was going to up front all money not
collected in the first installment , including our benefit charges ,
our fire taxes , everything , and she hoped that that was what it
really says and that is what the County is really going to do . If
indeed the County does up front the money , the County will have
some substantial costs in this and they were talking about the
percentage fee that they would charge . If you just take the Town
of Ithaca , if it is typical and she did not know why it wouldn ' t
be , and you assess those costs , we could not do it for the
percentage you are proposing to do it for . Therefore , we are a
little dubious . There is also a sort of local option section in
the law and there was disagreement even among the County people
there as to what it meant but it seems to imply that we could say
to the County "be our guest , you collect your own 'taxes " .
Mrs . Livesay replied , this is true . The flip side of that is that
the Town would have to produce their own bills .
The Town Supervisor remarked that she knew that Jean ( Swartwood)
and the other Tax Collectors are concerned that they will end up
having a lot of clerical costs that have not been accounted for .
Mrs . Livesay remarked , this idea has been brought up over the last
three or four .years by the one County Representative that was at
the meeting and you heard him express his interest in this . She
went on to say that the rest of the County Representatives have had
the very same concerns that you folks are talking about . Since
people pay two or three different tax bills , they pretty much have
taxes year around anyway so when you begin to tinker with one thing
then you have a problem with the others . The City would have a
real problem in January . People would just get themselves in
trouble by not understanding what it was they have to do . We
decided today to send out to each of the Town Boards , a copy of
minutes of the meeting and asking each to send in a resolution
stating whether or not you want it .
Supervisor Raffensperger went on to say that she thought everybody
was sympathetic to the argument that it was proposed to help the
elderly and the young people with first hones but she honestly
thought people were making the case that they actually could pay
the penalty as it now exists and end up better off than paying it
0 n installments .
Town Board Minutes 5 May 7 , 1990
Beverly Livesay noted that the Town of Lansing had already sent a
resolution in opposition .
Supervisor Raffensperger asked Representative Livesay if she was
pursuing the problem of enforcement of dumping?
Representative Livesay replied , yes she was .
Supervisor Raffensperger continued , and also the question of if
somebody dumps in her front yard does she have to pay to have it
taken to the landfill ?
Mrs . Livesay replied , yes .
Highway Superintendent Ozolins remarked that about a week ago
somebody dumped some garbage on the Game Farm bikeway , Rich Schoch
got sane information and called the "Trash Cop" and they got the
person . People are also dumping on Sandbank Road .
Mrs . Livesay replied that there are some difficulties , as they knew
there would be , and they are trying to work them out .
FINANCIAL REPORTS
RESOLUTION N0 , 115
Motion by Councilman Niklas ; seconded by Councilman Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the February and March Financial Reports , as presented .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
INVESTMENT POLICY
Supervisor Raffensperger noted that the Investment Policy is
reviewed by the Board each year . Last month you received a copy of
the one that has been approved a number of times . The only change
was that there would not be the ability to purchase Repurchase
Agreements . She noted that when she went to the Audit and Control
meeting in Rochester they suggested that municipalities no longer
enter into Repurchase Agreements ,
RESOLUTION NO , 116
Motion by Councilman Niklas ; seconded by Councilman Liguori ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the Town of Ithaca Investment Policy ( copy attached to official
minutes ) .
( Raffensperger , Whitcanb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
SURVEY OF PORTIONS OF PARK LANE
Supervisor Raffensperger stated that Park Lane was built by a
developer and the Town of Ithaca . The Town received an
authorization for the road to go through the Quick property as it
comes off from Slaterville Road . Seemingly , we have exceeded , by a
considerable amount , the boundaries of that . Mrs . Quick has been
very concerned about that but also very cooperative with the Town
Town Board Minutes 6 May 7 , 1990
over the years . We had a meeting with them about three weeks ago
and it seemed to her that the Town had a responsibility because it
is going to be a Town road , to survey that road to find out exactly
where it is and to what extent we have cane onto her property in a
way that disadvantages her . She stated that she had asked the
Engineering Department to proceed to have a survey done .
Town Engineer Walker replied that the field work had been done .
The Supervisor went on to say that the Town has hardly ever had to
pay for an easement and to exceed an easement that was given to the
Town freely it seemed to her that the Town owed Mrs . Quick to know
exactly how much the Town had exceeded and there was no doubt that
the Town had exceeded the boundaries of the easement considerably .
She went on to say that in the past this sort of thing has been
approved by the Supervisor but she wanted to inform the Board .
CODDINGPON ROAD COMMUNITY CENTER SUMMER PROGRAM
Supervisor Raffensperger stated that she was going to abstain from
discussion or voting on this item as one of her sons was a member
of the Board of Directors and , therefore , Deputy Supervisor
Whitcomb will take care of this item .
Deputy Supervisor Whitcomb asked if there were any questions ?
Councilman Niklas replied that it was not clear to him and was the
Board being asked to authorize the expenditure from the Town
Budget ?
Deputy Supervisor Whitcomb replied that the Center was asking for
$1 , 835 to be expended from the Town ' s budget .
Councilwoman Valentino asked if this was one of the things that the
Town can apply for reimbursement ?
Deputy Supervisor Whitcomb replied , this is correct .
Councilman Niklas remarked that the only thing that concerns him
was that before we commit the funds the sentence that " adequate
insurance coverage will be arranged " is change to read that
"adequate insurance coverage has been arranged " . He stated that he
did not like the idea of where a municipality gets into a situation
where there is not adequate insurance coverage and we could be
liable . He stated that he would make the motion , subject to proof
of adequate insurance coverage .
RESOLUTION NO . 117
Motion by Councilman Niklas ; seconded by Councilwoman Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the request of the Coddington Road Community Center for funds in
the amount of $ 1 , 835 . 00 for their Summer Program , subject to proof
of adequate insurance coverage .
(Whitcomb , Leary , Liguori , Valentino and Niklas voting Aye . Nays -
none . Abstaining - Raffensperger )
AGREEMENT WITH THE CITY OF ITHACA FOR YOUTH RECREATION SERVICES FOR
THE YEAR 1990
Supervisor Raffensperger noted that this contract was identical in
most respects to one we have signed before , the only changes in it
Town Board Minutes 7 May 7 , 1990
basically are the changes that reflect the fact that the County , so
kindly , picked up some of the costs for youth services and that the
Town of Ithaca no longer has to subsidize those for residents of
the Town of Ithaca with the Youth Bureau . The amount of
$ 153 , 590 . 00 is the amount that is in the 1990 budget and this is
just one of those contracts that did not get signed before the end
of the year . This was authorized by the Town Board last year at
budget time .
RESOLUTION NO , 118
Motion by Councilwoman Valentino , seconded by Councilman Niklas ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the Town Supervisor to sign the Youth Recreation Services
Agreement for the year 1990 with the City of Ithaca .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
INTERSECTION LIGHTS FOR DUBOIS AND TRUMANSBURG ROAD
Town Engineer Walker noted that there was a light at the old
intersection so it should be replaced for safety considerations .
He went on to say that in addition to that he had had a request
from Mr . Paolangeli for Winner ' s Circle which has also become a
Town road . He asked if the Board wanted to add this onto the light
for Dubois and Tnumnsburg Road . He stated that he had costs from
NYSEG who provide and install the poll and provide and maintain the
lights including the cost of operation . It will cost $ 111 . 56 per
year for the pole and $ 126 . 00 a year for the light .
Supervisor Raffensperger suggested this be done in a separate
resolution . That is so close to another intersection light that
she did not know if there would be a problem there .
Town Engineer Walker noted that the cost for the Dubois
Road/Trumansburg Road lighting would be $ 476 . 58 a year .
RESOLUTION N0 , 119
Motion by Councilman Liguori ; seconded by Councilwoman Valentino ,
WHEREAS , the intersections of Indian Creek Road and Trumansburg
Road (NYS Rt . 96 ) with DuBois Road were illuminated prior to the
County ' s realignment of DuBois Road , and
WHEREAS , a request has been made to reinstall this lighting on the
new alignment of DuBois Road ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca authorizes the reinstallation of the above intersection
lights as part of the Townwide intersection lighting policy , the
exact locations of the lights to be determined by mutual consent of
the Town of Ithaca , County of Tompkins , NYS DOT and NYSEG .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
Supervisor Raffensperger wondered if it would be necessary to get
NYSDOT ' s permission for the installation of a light at Winner ' s
Circle .
RESOLUTION N0 . 120
Town Board Minutes 8 May 7 , 1990
Motion by Supervisor Raffensperger , seconded by Councilman
Whitcomb ,
RESOLVED ,. that the Town Board of the Town of Ithaca hereby
authorize the installation of an intersection light at Winner ' s
Circle and Route 79 contingent upon the Town Engineer ' s determining
its suitability and consultation with New York State Department of
Transportation .
( Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
APPOINTMENT TO BOARD OF FIRE COMMISSIONERS
Supervisor Raffensperger noted that the Board had received a copy
of a letter that Lyman Baker had sent to her . She went on to say
that he is presently one of the Town ' s Fire Commissioners . He was
appointed last year to fill out an unexpired term and now would
like to be appointed for a full two year term .
RESOLUTION N0 , 121
Motion by Supervisor Raffensperger ; seconded by Councilwoman
Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby appoint
Lyman E . Baker as the Town of Ithaca representative to the Board of
Fire Commissioners for a term beginning June 1 , 1990 through May
31 , 1992 .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
AUTO LISP INSTRUCTIONS
RESOLUTION NO . 122
Motion by Councilman Niklas ; seconded by Councilman Liguori ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes Michael Ocello , Assistant to the Engineer to attend Auto
Lisp Instxuctions in Syracuse , New York , at a cost of $ 495 plus
meals and mileage , date of school to be determined at a later date .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
HIGHWAY SUPERINTENDENT ' S SCHOOL
RESOLUTION NO , 123
Motion by Councilman Whitcomb ; seconded by Councilman Niklas ,
WHEREAS , the annual Highway Superintendent ' s School is scheduled
for June 4 to 6 , 1990 at Ithaca College , and
WHEREAS , the school is an opportunity for the Highway
Superintendent to learn changes in construction , new techniques and
materials for maintenance of Town roads ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize the Highway Superintendent to attend the
Town Board Minutes 9 May 7 , 1990
school to be held at Ithaca College from June 4 to June 6 , 1990 at
a cost of $ 40 . 00 .
( Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none) .
SET DATE FOR PUBLIC FEARING TO AMEND THE ZONING ORDINANCE WITH
REGARD TO THE DEFINITION OF HEIGHT , BASEMENT AND CELLAR
Supervisor Raffensperger stated that this has cane to us by the way
of Codes and Ordinances and the Planning Board ,
Councilman Whitcomb asked Councilman Niklas how this differed from
the one we have now?
Councilman Niklas replied , it essentially allows for an increase of
4 ' from lowest interior grade . The argument can be made that this
might increase the number of dwelling units in a house or structure
but essentially the way it is defined and the way this law is
constructed it is essentially non-inhabitable space . The rationale
for amending the current zoning to this is that it permits single
family dwelling units to be constructed in a fashion that would
permit a cellar . In part , this reappraisal of our current zoning
was motivated by builders in the Town who feel that the current law
inadvertently restricts them from building homes in an
architectural style that the Town actually would find desirable .
Building Inspector/ Zoning Officer Andrew Frost remarked that the
extension of the height requirement , the way the law reads , is
specific only to cellars . What has been in effect was an interior
height measurement of 34 ' from the lowest floor or crawl space in
contact with the ground surface to the ridge of the roof still
remains 34 ' . Where the application of a cellar is still part of a
building permit application the height is increased 4 ' to
essentially let someone put a cellar in a house without having to
get a height variance .
RESOLUTION NO , 124
Motion by Supervisor Raffensperger ; seconded by Councilwcman
Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 30 P . M . , on June 11 , 1990 to consider
amending the Zoning Ordinance with regard to the definition of
height , basement and cellar .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
FINANCIAL SERVICES FOR THE 1989 WATER AND SEWER IMPROVEMENTS
Supervisor Raffensperger noted that Fiscal Advisors had represented
the Town in their last borrowing .
RESOLUTION NO , 125
Motion by Supervisor Raffensperger ; seconded by Councilman Niklas ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes the Town Supervisor to engage Fiscal Advisors , Inc . , for
the purposes of undertaking the financing of the 1989 Water and
Sewer Improvements under the terms outlined in the submission of
Fiscal Advisors , Inc . , letter of April 30 , 1990 , and
Town Board Minutes 10 May 7 , 1990
FURTHER BE IT RESOLVED , that the final contract be subject to
review by the Town Attorney .
( Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
WATER ACCOUNT REFUNDS
RESOLUTION NO , 126
Motion by Councilman Niklas ; seconded by Councilwoman Valentino ,
( 1 )
WHEREAS , in March 1987 , the customer at 212 Christopher Lane read
his water meter incorrectly , and
WHEREAS , the error was not discovered until recently when the meter
was replaced ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 99 . 60 for water , $ 8 . 93 water
surcharge and $ 5 . 90 sewer surcharge , total refund of $ 114 . 43 be
made to John Warner , 212 Christopher Lane , Ithaca , New York ,
Account Number U-2978 .
( 2 )
WHEREAS , the customer at 330 Saranac Way was overbilled for sewer
due to estimated water readings ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 12 . 11 for sewer be paid to
Deer Run Investors , L . P . , 90 Whitetail Drive , Ithaca , New York .
Account Number V-4300 .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
APPROVAL OF MINUTES
RESOLUTION NO , 127
Motion by Councilman Liguori ; seconded by Councilman Niklas ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approved
the minutes of the March 12 , 1990 and March 22 , 1990 Town Board
minutes as presented by the Town Clerk .
( Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO AMEND LOCAL LAW # 2 , 1970 ,
ESTABLISHING STANDARDS OF CONDUCT FOR . OFFICERS AND EMPLOYEES IN THE
TOWN OF ITHACA
Supervisor Raffensperger stated that the committee which is looking
at standards of conduct for officers and employees , which is an
amendment to Local Law # 2 , 1970 , asked that we set a public hearing
for June .
Councilman Whitcomb asked what was the legal requirement for
posting of this and having the amendment available ? He stated that
his concern was having it ready in time .
Town Board Minutes 11 May 7 , 1990
Supervisor Raffensperger replied , ten days .
Councilman Niklas asked if the proposal had been drafted?
Councilman Whitcomb replied , not entirely .
Councilman Niklas remarked , as some who has argued rather violently
that we not go to the expense of having public hearing until we
really have something out there for people to read and come back
and talk to us about , will this really be ready?
Councilman Whitcomb replied that that was his concern .
Supervisor Raffensperger asked about having it as a discussion item
in June and then set the public hearing .
CONTRACT FOR WOOLF LANE DRAINAGE IMPROVEMENTS
Supervisor Raffensperger remarked that it was necessary to go ahead
and do some of the work , that is why it says ratify instead of
approve .
Town Engineer Walker noted that there was an agreement by the Town
with the developer of Westwood Hills to divert drainage from the
north side of Woolf Lane into a retention pond that the developer
agreed to construct . He has constructed the retention pond and
provided the necessary pipe . We agreed to install the pipe and we
went out to bid , Austic Excavation had the favorable bid . The pipe
was installed Friday so that the Highway crew could pave today .
There still is remaining work that needs to be done as far as
connecting the inlets , etc . He went on to say that there was also
an inlet section that was purchased sometime in the past and that
is to be installed at the intersection of Woolf Lane and Dubois
Road across from the pump station . This is definitely a safety
requirement . He stated that he would like to get a price from
Austic Excavation while they are in the area to install this at the
same time .
Supervisor Raffensperger stated that she was not sure it was
necessary to bring this sort of thing to the Town Board but she was
doing it as a matter of notification .
RESOLUTION NO . 128
Motion by Supervisor Raffensperger ; seconded by Councilman Liguori ,
WHEREAS , installation of a 24-inch culvert under Woolf Lane has
been agreed to by the Town in order to improve stormwater
management , and
WHEREAS , the developer of "Westwood Hills " has constructed a
retention pond on the south side of Woolf Lane and has provided the
24-inch CMP culvert , and
WHEREAS , Austic Excavation has submitted a competitive bid of
$2 , 625 . 00 ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby ratifies the awarding of a contract to Austic
Excavation for installation of the culvert , under the direction of
the Town Engineer .
( Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none) .
Town Board Minutes 12 May 7 , 1990
RESOLUTION N0 , 129
Motion by Councilwoman Valentino , seconded by Councilman Liguori ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the negotiations with Austic Excavation for a price to
install -the inlet at the intersection of Dubois Road and Woolf
Lane , not to exceed $ 2 , 500 . 00 .
( Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
AMENDMENT TO SUBDIVISION REGULATIONS IN REGARD TO FEES
Supervisor Raffensperger noted that in February the Town Board
amended the zoning regulations to allow for development review
fees , that required then that the Town of Ithaca Planning Board
visit the issue because some of those fees are included in the
Subdivision Regulations . They did that and on April 3rd , did make
the changes and recommended that the Town approve them .
RESOLUTION NO . 130
Motion by Councilman Whitcomb ; seconded by Councilman Niklas ,
WHEREAS , the Subdivision Regulations of the Town of Ithaca were
adopted by the Town of Ithaca Planning Board on March 24 , 1956 and
approved by the Town Board of the Town of Ithaca on March 24 , 1956 ,
and
WHEREAS , said Subdivision Regulations have been thereafter amended
from time to time , and
WHEREAS , the fees relating to subdivision applications and other
development proposals as set forth in the Town of Ithaca Zoning
Ordinance were amended effective April 3 , 1990 , and
WHEREAS , it is deemed desirable and appropriate to amend the
Subdivision Regulations so that the fees charged pursuant to such
regulations shall conform to the fee structure set forth in the
Zoning Ordinance , with the same effective date , and
WHEREAS , on April 17 , 1990 , the Town of Ithaca Planning Board did
adopt the following amendment of the Town of Ithaca Subdivision
Regulations , and did recommend approval of same to the Town Board
of the Town of Ithaca :
1 . Article I . Section 8 , subparagraphs 1 and 2 are hereby deleted
and the following new Section 8 is inserted , 'reading as
follows :
"Section 8 . Fees .
10 There shall be paid to the Town the application
fees , review fees , hearing and/or agenda fees ,
escrow deposits , SEQR fees and other charges set
forth in Section 84 of the Town of Ithaca Zoning
Ordinance .
2 . The amounts of such fees , the time of payment of
same , the process for calculating , depositing and/or
paying same , and the circumstances under which the
fees or deposits may be modified shall all be as set
forth in such section of such Ordinance . " , and
Town Board Minutes 13 May 7 , 1990
WHEREAS , the Planning Board further resolved and recommended that
the changes in fees occurring as a result of these Resolutions
shall be effective April 3 , 1990 , the effective date of the Zoning
Ordinance changes referred to above , except that the fees referred
to and amended by these Resolutions shall not apply for a period of
six months to any project in the Town of Ithaca that has received
Preliminary Subdivision Approval or Preliminary Site Plan Approval
prior to April 3 , 19909 If only a portion of the project has
received preliminary approval , the deferral of fees pursuant to
this Section shall apply only to the portion that has such
approval . As to those projects to which this deferral applies , the
fees relating to such project shall be payable in accordance with
the provisions of the Subdivision Regulations , Zoning Ordinance ,
and other regulations in effect immediately prior to April 3 , 1990 .
As set forth in the amended Zoning Ordinance , commencing six months
from April 3 , 1990 , the fees , as modified herein , shall be
applicable to all subdivision applications regardless of their
status on April 3 , 1990 . All other projects that had not received
Preliminary Subdivision Approval by April 3 , 1990 , shall be subject
to the fees set forth herein commencing on April 3 , 1990 ,
THEREFORE BE IT RESOLVED , that the Town Board does approve the
amendments to the Town of Ithaca Subdivision Regulations as
recommended by the Planning Board .
( Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
SERIAL BOND RESOLUTION FOR 1989 WATER IMPROVEMENTS
Supervisor Raffensperger noted that this basically authorizes the
indebtedness to pay for the 1989 Water and Sewer Improvements . We
are not ready to bond this but shortly will need to issue Bond
Anticipation Notes in order to have the funds for the construction
this summer .
Town Attorney Peter Grossman noted that the bonds were prepared by
bonding attorney , Willkie , Farr and Gallagher in New York City . It
requires a two-thirds vote of the Board which -is five positive
votes .
RESOLUTION N0 , 131
At a Regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at 126 East Seneca Street , in
Ithaca , New York , in said Town , on May 7 , 1990 , at 5 : 30 o ' clock ,
P .M . , Prevailing Time .
The meeting was called to order by Supervisor Raffensperger , and
upon roll call being called , the following were :
PRESENT . Councilwoman Patricia Leary
Councilman Frank Liguori
Councilman Karl Niklas
Councilwoman Catherine Valentino
Councilman John Whitcomb
Supervisor Shirley Raffensperger
SENT : Councilman David Klein
The following resolution was offered by Councilman Liguori who
moved its adoption , seconded by Councilman Niklas to-wit .
Town Board Minutes 14 May 7 , 1990
BOND RESOLUTION DATED MAY 7 , 19900
A RESOLUTION AUTHORIZING THE ISSUANCE OF $ 21337 , 000
SERIAL BONDS OF THE TOWN OF ITHACA , TOMPKINS COUNTY ,
NEW YORK , TO PAY THE COST OF THE CONSTRUCTION OF A
WATER IMPROVff= FOR WATER SYSTEM BENEFITED AREA - 1989
OF SAID TOWN .
WHEREAS , pursuant to proceedings heretofore had and taken in
accordance with the provisions of Article 12-C of the Town Law, and
more particularly an order dated June 12 , 1989 and the Approval of
the Comptroller of the State of New York on February 14 , 1990 the
Town Board of the Town of Ithaca , Tompkins County , New York , has
established the Town of Ithaca Water System Benefited Area - 1989 ,
and
WHEREAS , it is now desired to authorize the issuance of $ 2 , 337 , 000
serial bonds of said Town to pay the cost of a water system
improvement for said Benefited Area - 1989 , and
WHEREAS , all conditions precedent to the financing of such capital
project , including compliance with the provisions of the State
Environmental Quality Review Act , have been performed ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca , Tompkins County , New York , as follows :
Section 1 . For the specific object or purpose of paying the cost
of ( i ) the construction and installation for the Inlet Valley Area
of 2500 feet of 12-inch water main from the Elm Street water tank
south to Coy Glen Road , 800 feet of 12-inch water main on Coy Glen
Road to Route 13A , 2700 feet of 12-inch water main on Route 13A
from Coy Glen Road to Buttermilk Falls Road , 2500 feet of 12-inch
water main from Route 13A along Buttermilk Road to Elmira Road , and
2700 feet of 12-inch water main extended on Elmira Road where it is
connected to an existing City of Ithaca 12-inch water main , with
improvements to the water distribution system for Inlet Valley to
also include 2400 feet of 8-inch water main along Bostwick Road
between Route 13A and Seven Mile Drive , 5400 feet of 8 -inch water
main along Seven Mile Drive between Bostwick Road and Route 13 ,
1400 feet of 10-inch water main on Route 13A from Buttermilk Falls
Road to a private drive serving Parcel No . 33-3-2 . 2 , 1800 feet of
10-inch water main along the private drive on easement from Route
13A to Route 13 , 3000 feet of 10-inch water main along Route 13
from the private drive serving Parcel No . 33-3-2 . 2 to Seven Mile
Drive , 2000 feet of 8-inch water main on Route 13 between Seven
Mile Drive and Enfield Falls Road , and 2500 feet of 8-inch water
main to extend southwest on Enfield Falls Road from the
intersection of Route 13 and 1200 feet southeast on Route 13 from
the intersection of Enfield Falls Road and Route 13 , with
construction to include certain water services to developed
properties within public right-of-ways for the areas described
above , ( ii ) the construction and installation of improvements to
the Town water distribution system for the West Hill area including
the construction and installation of 1200 feet of 12-inch water
main from Hayts Road along Trumansburg Road to Dubois Road to
connect to a 12-inch water main installed by a private developer ,
( iii ) the construction and installation of improvements to the Town
water distribution system for the South Hill area to include
construction and installation of a 0 . 15 million gallon tank near
the intersection of Troy Road and East King Road , including 2000
feet of 8-inch water main from the tank to the Troy Road Pumping
Station and 1600 feet of 8-inch water main from the pumping station
to the intersection of Troy Road and East King Road and ( iv) the
Town Board Minutes 15 May 7 , 1990
construction and installation of metering pit on existing Town
water mains on Taughannock Boulevard at the Town/City of Ithaca
line , together with related appurtenances and incidental
improvements in connection therewith , there are hereby authorized
to be issued $ 2 , 337 , 000 serial bonds of the Town of Ithaca ,
Tompkins County , New York pursuant to the provisions of the Local
Finance Law ,
Section 2 . It is hereby determined that the maximum estimated cost
of such specific object or purpose is $ 2 , 337 , 000 , and that the plan
for the financing thereof shall consist of the issuance of the
$ 2 , 337 , 000 serial bonds of said Town authorized to be issued
pursuant to this bond resolution .
Section 3 . It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is forty
years , pursuant to subdivision 1 of paragraph a of Section 11 . 00 of
the Local Finance Law . It is hereby further determined that the
maximum maturity of the serial bonds herein authorized will exceed
five years .
Section 4 . Subject to the provisions of the Local Finance Law , the
power to authorize the issuance of and to sell bond anticipation
notes in anticipation of the issuance and sale of the serial bonds
herein authorized , including renewals of such notes , is hereby
delegated to the Supervisor , the chief fiscal officer . Such notes
shall be of such terms , form and contents , and shall be sold in
such manner , as may be prescribed by said Supervisor , consistent
with the provisions of the Local Finance Law .
Section 5 . The faith and credit of said Town of Ithaca , Tompkins
County , New York , are hereby irrevocably pledged to the payment of
the principal of and interest on such bonds as the same
respectively become due and payable . An annual appropriation shall
be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year .
Section 6 . The validity of such bonds and bond anticipation notes
may be contested only if :
1 ) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money , or
2 ) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with ,
and such action , suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication , or
3 ) Such obligations are authorized in violation of the
provisions of the Constitution .
Section 7 . This resolution , which takes effect immediately , shall
be published in full in The Ithaca Journal , the official newspaper ,
together with a notice of the Town Clerk in substantially the form
provided in Section 81 . 00 of the Local Finance Law .
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call , which resulted as follows :
Councilwoman Leary Voting Aye
Councilman Liguori Voting Aye
Councilman Niklas Voting Aye
Town Board Minutes 16 May 7 , 1990
Councilwoman Valentino Voting Aye
Councilman Whitcomb Voting Aye
Supervisor Raffensperger Voting Aye
The resolution was thereupon declared duly adopted .
SERIAL BOND RESOLUTION FOR 1989 SEWER INIPROVIIMENTS
RESOLUTION NO , 132
At a Regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at 126 East Seneca Street , in
Ithaca , New York , in said Town , on May 7 , 1990 , at 5 : 30 o ' clock
P .M . , Prevailing Time .
The meeting was called to order by Supervisor Raffensperger , and
upon roll call being called , the following were :
PENT : Councilwoman Patricia Leary
Councilman Frank Liguori
Councilman Karl Niklas
Councilwoman Catherine Valentino
Councilman John Whitcomb
Supervisor Shirley Raffensperger
ABSENT * Councilman David Klein
The following resolution was offered by Councilwoman Valentino who
moved its adoption , seconded by Councilman Liguori to-wit :
BOND RESOLUTION DATED MAY 7 , 1990 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2 , 1281000
SERIAL BONDS OF THE TOWN OF ITHACA , TOMPKINS COUNTY ,
NEV YORK , TO PAY THE COST OF THE CONSTRUCTION OF A
SEWER IMPROVEMENT FOR SEWER SYSTEM BENEFITED AREA - 1989
OF SAID TOWN .
WHEREAS , pursuant to proceedings heretofore had and taken in
accordance with the provisions of Article 12-C of the Town Law, and
more particularly an order dated June 12 , 1989 and the approval of
the Comptroller of the State of New York on February 14 , 1990 the
Town Board of the Town of Ithaca , Tompkins County , New York , has
established the Town of Ithaca Sewer System Benefited Area - 1989 ,
and
WHEREAS , it is now desired to authorize the issuance of $ 2 , 128 , 000
serial bonds of said Town to pay the cost of a sewer system
improvement for said Benefited Area - 1989 , and
WHEREAS , all conditions precedent to the financing of such capital
project , including compliance with the provisions of the State
Environmental Quality Review Act , have been performed ,
NOW THEREFORE BE IT RESOLVED , BY THE Town Board of the Town of
Ithaca , Tompkins County , New York , as follows :
Section 1 . For the specific object or purpose of paying the cost
of ( i ) the construction and installation of improvements to the
Town Board Minutes 17 May 7 , 1990
Town sanitary sewer collection facilities to provide public sewer
service for the Inlet Valley area , including construction and
installation of 2600 feet of 8 -inch sanitary sewer from the
intersection of Enfield Falls Road and Route 13 up Enfield Falls
Road , 2220 feet of 8-inch sanitary sewer along Route 13 from
Enfield Falls Road to Seven Mile Drive , 5500 feet of 8-inch
sanitary sewer along Seven Mile Drive from Bostwick Road to Route
13 , 2500 feet of 8-inch sanitary sewer along Bostwick Road to Route
13 , 2500 feet of 8-inch sanitary sewer along Bostwick Road from
Seven Mile Drive to Route 13A , 2000 feet of 8-inch sanitary sewer
from Coy Glen Road to Bostwick Road along Route 13A , 1800 feet of
8-inch sanitary sewer from a low point in Route 13 , 400 feet north
of Seven Mile Drive , to a high point approximately 1800 feet north
of Route 13 , 4500 feet of 10-inch sanitary sewer from the high
point 1800 feet north of Seven Mile Drive down Route 13 to the
private drive serving Parcel Number 33-3-2 . 2 , along the private
drive and down Route 13A to Bostwick Road ; and improvements to the
sanitary sewer collection facilities for the Inlet Valley area ,
including construction and installation of a sewage pumping station
on Route 13 approximately 400 feet north of Seven Mile Drive with
1800 feet. of 4-inch force main extending north on Route 13 from the
pump station , and a second pumping station located at the corner of
Bostwick Road and Route 13A with 200 feet of 6-inch force main
extending from the pumping station to the corner of Coy Glen where
it will tie into the City of Ithaca ' s sewer system together with
additional sanitary sewer collection facilities including
connections for lateral sewer services to developed properties with
public right-of-ways in the areas described above , ( ii) the
construction and installation of improvements to the Town sanitary
sewer collection facilities for the West Hill area , including the
construction and installation of 1800 feet of 8 -inch sanitary sewer
along Trumansburg Road from Woolf Lane to the Ithaca town line , ' and
( iii ) the construction and installation of a metering pit on Town
sanitary sewer mains on Taughannock Boulevard at the Town/City of
Ithaca line and installation of an automatic flushing unit in the
last manhole (No . 36 ) on the existing Town of Ithaca sanitary
sewer , together with related appurtenances and incidental
improvements in connection therewith , there are hereby authorized
to be issued $ 2 , 128 , 000 serial bonds of the Town of Ithaca ,
Tompkins County , New York , pursuant to the provisions of the Local
Finance Law ,
Section 2 . It is hereby determined that the maximum estimated cost
of such specific object or purpose is $2 , 128 , 000 , and that the plan
for financing thereof shall consist of the issuance of the
$2 , 128 , 000 serial bonds of said Town authorized to be issued
pursuant to this bond resolution .
Section 3 . It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is forty
hears , pursuant to subdivision 4 of paragraph a of Section 11 . 00 of
the Local Finance Law . It is further determined that the maximum
maturity of the serial bonds herein authorized will exceed five
years .
Section 4 . Subject to the provisions of the Local Finance Law , the
power to authorize the issuance of and to sell bond anticipation
notes in anticipation of the issuance and sale of the serial bonds
herein authorized , including renewals of such notes , is hereby
delegated to the Supervisor , the chief fiscal officer . Such notes
shall be of such terms , form and contents , and shall be sold in
such manner , as may be prescribed by said Supervisor , consistent
with the provisions of the Local Finance Law ,
Section 5 . The faith and credit of said Town of Ithaca , Tompkins
County , New York , are hereby irrevocably pledged to the payment of
Town Board Minutes 18 May 7 , 1990
the principal of and interest on such bonds as the same
respectively become due and payable . An annual appropriation shall
be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year .
Section 5 . The validity of such bonds and bond anticipation notes
may be contested only if :
1 ) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money , or
2 ) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with ,
and an action , suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication , or
3 ) Such obligations are authorized in violation of the
provisions of the Constitution .
Section 7 . This resolution , which takes effect immediately , shall
be published in full in The Ithaca Journal , the official newspaper ,
together with a notice of the Town Clerk in substantially the form
provided in Section 81 . 00 of the Local Finance Law .
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call , which resulted as follows :
Councilwoman Leary Voting Aye
Councilman Liguori Voting Aye
Councilman Niklas Voting Aye
Councilwoman Valentino Voting Aye
Councilman Whitcomb Voting Aye
Supervisor Raffensperger Voting Aye
The resolution was thereupon declared duly adopted .
STATE LEGISLATION - TOWN ENGINEER
Supervisor Raffensperger noted that the Board had , when the Town
Board authorized the employment of the new engineer , passed a
resolution authorizing the Town Supervisor to request special
legislation . She stated that she had a telephone call from Marty
Luster ' s office saying we need a cleaner Home Rule Resolution which
says the Town Board requests our two legislators to introduce this
legislation which permits the Town of Ithaca to employ as Town
Engineer a person who is not a resident of the Town . She went on
to say that Marty Luster ' s office called this afternoon and even
though they are absent this resolution the bills have been
introduced into the Assembly and into the Senate .
RESOLUTION N0 , 133
Motion by Councilman Niklas ; seconded by Councilwoman Leary ,
RESOLVED , that the Town Board of the Town of Ithaca requests the
Honorable James Seward , New York State Senator , and the Honorable
Martin A . Luster , New York State Assemblyman , to introduce
legislation in the New York State Legislature which would amend
Section 23 of the Town Law to permit the Town of Ithaca to employ
as Town Engineer a person who is not a resident of the Town , and
Town Board Minutes 19 May 7 , 1990
IT IS FURTHER RESOLVED , that the Town Board of the Town of Ithaca
strongly urges the New York State Legislature to pass the requested
legislation , and
IT IS FURTHER RESOLVED , that a copy of this resolution be forwarded
to Senator Seward and Assemblyman Luster as promptly as possible .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
TOWN OF ITHACA WARRANT'S
RESOLUTION NO . 134
Motion by Supervisor Raffensperger , seconded by Councilwoman
Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated May 7 , 1990 , in the following
amounts .
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . $ 68 , 602 . 28
General Fund - Outside Village . . . . . . . . . . . . . . . $36 , 478 . 12
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65 , 055 . 34
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81F356 . 59
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 121 . 00
Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . $ 465 . 67
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none) .
BOLTON POINT WARRANTS
RESOLUTION NO , 135
Motion by Councilman Whitcomb ; seconded by Councilman Niklas ,
RESOLVED , that the Bolton Point Warrants dated May 7 , 1990 , in the
Operating Account are hereby approved in the amount of 496 , 993 . 36
after review and upon the recmnendation of the Southern Cayuga
Lake Intermunicipal Water Commission , they are in order for
payment .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays . - none ) .
EXECUTIVE SESSION
RESOLUTION NO . 136
Motion by Supervisor Raffensperger , seconded by Councilman Niklas ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
into Executive Session to discuss a personnel matter and a zoning
enforcement matter .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
OPEN SESSION
RESOLUTION N0 . 137
Town Board Minutes 20 May 7 , 1990
Motion by Supervisor Raffensperger ; seconded by Councilwoman
Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby move
back in to Open Session .
(Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
HIRING OF ASSISTANT FOR PLANNING DEPARTMENT
Councilwoman Valentino asked if the employers part of FICA had been
included in the total salary? She noted that Cornell would pay 500
of this also .
Linda Nobles , Assistant Budget Officer stated that she did not
calculate this but she presumed it was only based on the hourly
wage .
Supervisor Raffensperger replied that George Frantz , the Assistant
Planner had given it to her and she felt it was true that it was
only the gross hourly amount times the 14 weeks .
RESOLUTION NO , 138
Motion by Supervisor Raffensperger ; seconded by Councilman
Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca approves and
hereby does approve the hiring of a workstudy eligible student for
assistance to the Planning Department in mapping projects for a
period of 14 weeks . The total cost , at $ 6 . 50 per hour , will be
$ 3 , 412 . After 50 % reimbursement from Cornell University the final
cost to the Town will be $ 1 , 706 for the period authorized .
( Raffensperger , Whitcomb , Leary , Liguori , Valentino and Niklas
voting Aye . Nays - none ) .
PUBLIC HEARING TO CONSIDER AMENDING THE TRAFFIC ORDINANCE TO
PROHIBIT PARKING ON BOTH SIDES OF WINTHROP DRIVE FROM THE WESTERLY
ENTRANCE TO THE NORTHEAST SCHOOL PARKING LOT , WESTERLY TO
BRANDYWINE
Proof of posting and publication of a notice of public hearing to
consider amending the Traffic Ordinance to prohibit parking on both
sides of Winthrop Drive from the westerly entrance to the Northeast
School parking lot , westerly to Brandywine having been presented by
the Town Clerk , the Supervisor opened the public hearing .
Supervisor Raffensperger noted that we have on our agenda 7 : 30
P . M . , for the public hearing but the publication was for 7 : 00 P .M . ,
so when this was brought to her attention she opened the public
hearing at 7 : 00 P .M . and then waited so that those who thought it
was going to be at 7 : 30 P . M . , would have an opportunity to be here .
Kay La Londe , 412 Winthrop Drive stated that she had lived there
for 25 years and over these 25 years she has been very happy in the
neighborhood , she lives with a school in her front yard and a
school in her backyard . She noted that she also worked for the
Ithaca City School District . We were very instrumental in getting
out and campaigning the neighbors to build DeWitt , we said we would
rather have a school in our backyard than a shopping center , or an
apartment complex with rats and garbage , etc . So we have been very
Town Board Minutes 21 May 7 , 1990
happy there . The noise does not bother her and the children in the
neighborhood never bother her but the parking does . She went on to
say that approximately 18 years ago her husband came before the
Town Board with pictures and a petition from the neighbors at that
time , that something be done about this parking situation . It
really entails most of Winthrop Drive from Warren Road to Burleigh
Drive , however , the heavy concentration has been between the
entrance to Northeast School and Burleigh Drive . People park on
both sides of the street for softball games , soccer games . It is
extremely bad with soccer because they plaY games there and the
school buses come from out of town with the students and park right
there rather than going into the Northeast parking lot , they park
on the side of the road and let these kids out . The people in the
neighborhood have had young children and we have been concerned
that a young child would dart out between a car or one of these
buses and be hurt by a car coning up or down the street , because
this parking really curbs your vision from both ways . She stated
that she leaves for work every morning about five minutes of eight
because she works at DeWitt , in the back yard . She stated that she
cones to the end of her driveway and she can ' t back out because
there is this steady stream of cars coming up Winthrop Drive toward
the Northeast School and these parents pull right along the side of
the road where her car is to back out and she has difficulties some
mornings jockying her car out of the driveway to go to work . The
other night , this is the most recent thing that happened , she came
hone from work about 4 : 30 and there was a van parked partially
across her driveway . She stated that she had to swing out to the
left but she couldn ' t swing too far because on the left hand side
of the road , the school side , was a steady stream of cars . To
avoid hitting that car to get into her driveway it was really very
close . She stated that she drove into her garage and when she got
out the couple in the van were staring at her as if she had cut in
front of their van which was partially across her driveway . She
stated that she was actually frothing at the mouth but went into
the house and said to her daughter , well it is starting up again
and said , "Mother I have already been out there and spoken to them
and they said she ' s got enough roan to get in " . Now her car had
cone in before me and she was in one side of the garage and I was
in the other . But they were taking up that second car entrance to
her driveway .
Mrs . La Londe continued , going back a year or two there was an
injury in a soccer game at the school playground . They came across
the street to use her telephone to call an ambulance because they
had no access to the school to call an ambulance . The ambulance
arrived , not one car moved on that street , the ambulance went
across a neighbors yard on the other side of the Northeast School
to get access to this person that was injured on the playground .
They have an adequate . . . . . . . they must be able to park 60 cars in
that parking lot at Northeast but they don ' t use it for that .
People are too lazy , they park where they can sit in the car and
watch the game or walk over to their car . Many times in the past
25 years , she has either had a car parked completely across her
driveway where she couldn ' t get out and she has put up with it for
an hour and a half and then she had to get out so she called the
Sheriff . He has jurisdiction because we are in the Town of Ithaca .
She stated that she found this a very petty thing , to call a
Sheriff to cane with a fog horn and get out there and get people to
move their cars and that ' s why the other night when this couple
wouldn ' t move from her driveway she thought they had more important
things to do than cam and get this car moved . Over the years she
has had referees and empires rap on her door to use her bedroan to
change their clothes for these games because they have no access to
the school . People have used her bathroom , they have used her
telephone , they have used water both inside and outside with out
asking . They just cam over and turn on the spicket and get what
Town Board Minutes 22 May 7 , 1990
they want . She stated that she really thought this was a school
district problem that they have to deal with this . She stated that
as a taxpayer she thought it wonderful that these school grounds
are used for the children to play on but she just feels that
something has got to be done . If anyone on our street had a fire
or need an ambulance , an emergency vehicle could not get up
Winthrop Drive with the parking on both sides of the street .
Harlin McEwen , 422 Winthrop Drive passed out pictures that were
taken last week in front of his house which is right across the
street from the Northeast Elementary School , Mr . McEwen stated
that he had lived there 23 years so he was almost as long a
resident as Mrs . La Londe and he came to that meeting that her
husband came to back about 18 years ago . At that time we
thought . . . . we did have the problem solved and basically how we
solved the problem was , we got the Town to intercede on behalf of
the neighbors with the school board to get the school to act more
responsibily . And for a couple , three years that seemed to be the
case but then they little by little forgot what their
responsibilities were to the point now where it ' s just a constant
problem . Without repeating any of the things that Mrs . La Londe
has said , let me tell you some of the things that make this
particularly bad . First of all , he thought Mrs . La Londe was
right , the problem all arises out of the activities fram the
schools both in front of our houses and in back of our houses . Why
do I say in back , because DeWitt Junior High School is in back of
our houses and for some reason the school district has chosen to
decide that it is more dangerous for parents to pick up the
children at DeWitt and so now they tell their children to go down
in front of his house and the people park around that curve and
pick up their children everyday . That ' s an actual directive of the
school and they have decided to do that . Total nonsense to have us
on a street , one removed , to have to stand more traffic from DeWitt
when we aren ' t even on the same street . That ' s one of the reasons
we have cars in front of our house everyday . We constantly are
fixing the lawn in front our house , the former Town Highway
Superintendent often got a call from us because we would ask them
to came over and try to patch up the ruts that were put into our
lawn , which we try to keep nice and people do . That ' s the first
problem . The second problem is that just about a month and a half
ago the school , because they do not have adequate parking in the
day time , they have just enough space according to Joe Stone the
Principal , and again we have had a number of Principals there all
of which he knew personally , they are all fine people . Joe didn ' t
know any of the history , Mike Ouckama was involved years ago when
we had this problem before , they don ' t have enough parking in their
parking lot to take care of their normal faculty and staff on a
daily basis . He felt that Mrs . La Londe could probably speak to
that better than he could but they have just marked that lot and it
says faculty and staff parking only , period . It doesn ' t make any
difference if it ' s four o ' clock in the morning that ' s what the
sign says . So in effect what they have done is , not only have they
created a further problem for those of us in the neighborhood in
the day time but now they have in effect banned anybody from
parking in the afternoon or the evenings or the weekends when these
lots are being used . When the lots are empty , they should very
honestly say , "during school hours " at the very least .
Supervisor Raffensperger remarked , they are going to change that .
Mr . McEwen continued , secondly , the thing of it is that they have
provided absolutely not one parking space for any visiting parent
or person . There is just one parking lot and they have restricted
it in the day time so if anybody goes there to pick up a child or
to visit or do anything you are going to have to park in front of
his house because there is no other place to park . So that ' s the
r
Town Board Minutes 23 May 7 , 1990
second thing and the third thing of course has to do with this use
of the playing fields . It really is a problem . He felt they had
all lived with it just about as long as they thought they should .
He thought what they would like to have the Board do is , number one
consider the no parking suggestions that the Board has on the
agenda , certainly he would like it extended further than what you
have done because you haven ' t come to his house you have only gone
to next door and that means they certainly are going to park there .
So he was not too happy about that . Secondly , he thought the Town
Board , on their behalf , should do a little bit more negotiating
with the school to act as responsible neighbors . He stated that
they did not think that they have taken the kinds of steps they
need to to provide parking for the people who are using their
facilities and they do not think they should have to suffer that .
Tim Benedict , 410 Winthrop Drive stated he was kind of the younger
person here as he had only been on Winthrop Drive for about 5 years
and there really wasn ' t too much he could add to Mrs . La Londe ' s
statement or Chief McEwen ' s statement except to say that he had a 5
year old daughter and really hates to have something happen to her
because of this situation . And the situation does seem to be
getting worse year after year after year . It ' s a situation that
starts in early April and goes on through the Interscholastic
soccer season . He then distributed pictures that were taken in
October which he believed was a High School JV girls soccer game .
She stated that he really appreciated Mrs . Raffensperger ' s bringing
this matter up so fast but he really didn ' t have anything else to
add but he hoped this could be taken care of .
Supervisor Raffensperger stated that she had talked to Joe Stone
and it would seem that he and the teachers are pleased that we are
going to bring this problem to some kind of a conclusion . They are
in favor of the no parking because they do not see a solution to
the problem coming unless that is done . She stated that she
understood that he has requested the school district to provide him
with additional parking space and that they have been very hesitant
to do this but they seem to be recognizing that they are going to
have to move on it if indeed the Town does put up the no parking
signs . Additionally he stated that they will change the signs that
say " faculty and staff parking only " to say "during school hours "
so that ought to eliminate that problem a little bit . If they get
anymore parking spaces they will assign some of those as visitor
parking . He thinks that with this coming up there is a good chance
that the school district is just going to have to address the
problem . There are going to be parents who aren ' t going to have
any place to go whatsoever when they come to the school .
Additionally , he has , it would seem, communicated to the school
district his concern about the use of the Northeast School area as
a place to pick up DeWitt children because he feels very strongly
that DeWitt will have to solve those safety problems , that
certainly they have , on their own property and not on Northeast or
private property . He has asked for a copy of the excerpt of the
the minutes tonight of the public hearing and he will take it to
Gary Lindenbaum so that he will understand the concerns of the
neighborhood and of the Town Board ,
Councilman Niklas noted that one of the things that was mentioned
early on was the appearance of school buses from other schools
carrying teams . His understanding would be that the Ithaca School
District doesn ' t essentially control that . He stated that what he
would be very interested in would be for the Ithaca School District
to send out flyers or scene kind of doc rants to the users of that
field , who presumably have to get permission from the Ithaca School
District , indicating that illegal parking is not just frowned upon
it ' s illegal and that they should be using the designated area .
Frankly , he felt that if the Ithaca School District does get
Town Board Minutes 24 May 7 , 1990
complaints about violations of this that those schools somehow or
other need to be contacted and told that if those violations
continue they will no longer be given the privilege of access to
those playing fields .
Supervisor Raffensperger replied , of course it really hasn ' t been
illegal because there haven ' t been any no parking signs .
Councilman Niklas replied , but it will be once the legislation is
passed .
Highway Superintendent Ozolins remarked , one comment that you made
that it hasn ' t been illegal , it has . You cannot park on the
roadway , we are not like the City where we have "X " number of feet .
All we have is the 20 ' he thought in some areas , that area winds
out to may be 21 .
Councilman Niklas remarked , so you are saying it is illegal ?
Highway Superintendent Ozolins replied , it is .
Councilman Niklas and Councilwoman Valentino added , but it ' s not
posted .
Highway Superintendent Ozolins replied , but here again it ' s part of
the Vehicle and Traffic Law that you cannot park in the traveled
portion of the road .
Councilman Niklas replied , regardless of whether it was illegal it
will soon be definitely illegal , may be twice illegal the point is ,
we should sent out notification and he felt the school district
should notify the schools that are participating in scholastic
events and using their facilities and saying that this is illegal
and is frowned upon and their privileges may be revoked if they are
persistent violators .
Supervisor Raffensperger noted that Joe Stone had also told her
that there was a time when it had been requested that a school
district .representative be on site or perhaps there was a time when
the school district actually did have somebody on site for some of
those games to supervise the parking .
Harlin McEwen remarked that that was way back when they thought
they had solved it before and who ever signed up for the particular
function was given some kind of written instructions to encourage
people to park in the lot and things like that but that all kind of
got forgotten .
Mrs . La Londe added that she felt that it was the school districts
responsibility to have a building open for these people to have
access .
Mr . Benedict remarked that he thought the majority of activities
were non-school district sanctioned , Kiwanis baseball practice
which does pretty much terminate when the season starts , they just
quit practicing but this Ithaca Soccer League , he thought it was
called , he stated that he did not know who the governing body was
or what it involves .
Councilman Whitcomb remarked , so you are saying that most of these
are not school functions ?
Mr . Benedict replied , the picture that he submitted was a school
function and it happens he thought , predominately in the fall , last
year was a girls JV soccer team . You get busses from Ithaca and
that one bus he thought was from Maine-Endicott or Maine-Endwell .
Town Board Minutes 25 May 7 , 1990
Councilman Niklas remarked , for the non-school district functions
that do things like this , he did not think it was at all petty to
call the Sheriff and to insist that tickets be issued .
Mr . Benedict replied , a lot of time they are so busy they can ' t get
there for a non-emergency situation .
Councilman Niklas asked if the Sheriff had ever come and give
tickets ?
Mr . Benedict replied , oh yes .
Mrs . La Londe remarked that one Saturday morning she got up at nine
o ' clock , she didn ' t like to get up early on Saturday morning , she
got up , pulled the shades up on her windows and there was a huge
car parked across her driveway . So she stated she got up , went
down stairs , had her breakfast , she read the Saturday paper , she
had her shower and dressed , made her bed and it was 10 : 30 and the
car was still out there . She stated that she wanted to get out and
do her grocery shopping so she called the Sheriff , the Sheriff
came , she stated that she was just waiting for this guy who was
across her driveway , and she went out and let him have it and told
him how inconsiderate he was to have parked there . He went down
the street , turned around on Burleigh and came up and parked across
Bob Wilkinson ' s driveway on the other side of the street .
Mr . Benedict added , you are getting people from a non-school
district function but you are also getting people from out of town
that come and you are drawing a lot more people than you do with
Kiwanis baseball practice .
Supervisor Raffensperger remarked that it looked like the Board
ought to attack it on several fronts . She thought the no parking
is one thing , she felt Joe Stone would be delighted to have her
cooperate with him to communicate with the higher ups in the School
District to express our concern about what is going on , to ask
whether or not at times the building could not be open for
reasonable access for officials or whatever , if adults could not be
designated as being responsible for the conduct of what goes on
around their event and that sort of thing . With the change in the
parking sign that may help too for evening functions when people
know that they can park in the school parking lot . She remarked
that the soccer league was interesting , she thought she knew
samebody who was involved in the local soccer league and she
thought she would pursue that and see if she couldn ' t write them a
letter and express a concern . She felt a solution to the problem
could be pursued in a number of different ways . She asked Mr .
McEwen if he had any more comments about the ordinance that we
have .
Harlin McEwen stated that he was not quite sure , he guessed his
question to the Town Attorney was what are the legal ramifications
if you want to extend this , you have advertised that you are
considering no parking on both sides of the street frcan the west
driveway to Brandywine and if you understand what he was saying ,
some of you know the area , he would prefer you go to the east
driveway because that curve around , the Board saw the pictures that
he gave them , that ' s really dangerous . That ' s right where we are .
We would like to not have them all in front of our house but it ' s
more than just choice it ' s really just a dangerous area there .
Town Attorney Barney replied , we would probably need to republish .
It ' s not a big deal .
Mr . McEwen remarked , we would ask that you respectfully consider
doing that .
Town Board Minutes 26 May 7 , 1990
Supervisor Raffensperger remarked , this would mean a delay in the
placement of signs for a month .
Town Attorney Barney added , or you could choose to adopt this
tonight and direct us to come up with a further amendment for the
next meeting and readopt the whole thing as corrected . That would
enable some of the no parking signs to be installed .
Supervisor Raffensperger replied , we are very informal why don ' t
you tell us what you think . Would that be workable if we put the
signs up as we . . . . . . . .
Mr . McEwen remarked , it didn ' t help him one way or another so he
guessed it was up up to them .
Town Attorney Barney remarked that he had a question , what happens
if somebody canes to visit you , where are they going to park? If
the Town prohibits parking on the roads . . . . . . .
Mr . McEwen replied that he personally would just as soon live with
no parking on the residential side . The street is very clearly
distinguished because the school owns all of the other side of the
road , all the way down with one exception and that ' s Bob
Wilkinson ' s one house and he was sure he would not want to have
himself exposed but if you restricted the parking to the
residential side it would solve his problem . The only problem with
that and he felt Mrs . La Londe would tell you that she wouldn ' t be
particularly pleased with this because she couldn ' t get out of her
driveway if they are parked across fran her driveway , he didn ' t
know . Mr . McEwen asked Mrs . La Londe if she could live with that ?
Mrs . La Londe replied that she probably could if they weren ' t on
both sides of the street because she stated she could go out at
night if there is a concert at the school or there ' s games or
practice or whatever and if they are on both sides of the street
she couldn ' t see up or down . She remarked that she didn ' t know if
anyone was caning or not . Emergency vehicles could never get up
there .
Councilman Niklas replied , so is the suggestion that the no parking
signs be placed along the length of the residential side ?
Mr . McEwen replied , our side and the east side where it curves .
Councilman Whitcanb remarked , the fact is if the street is only 20 '
wide it ' s illegal to park in the street anyway .
Mr . Benedict remarked , until the school district canes up with a
Parking lot that may take sane of the overflow he felt the
residents would be perfectly happy to try restricting traffic to
one side of the street .
Councilman Niklas asked if the residents would be willing to wait
the extra month to have this redrafted and public notice
republished?
Mrs . La Londe , Mr . McEwen and Mr . Benedict indicated their
willingness to wait .
Highway Superintendent Ozolins remarked , it ' s fine to say put up
the signs but there is the matter of the enforcement .
Mr . McEwen replied , we will have to deal with that with the
Sheriff .
Town Board Minutes 27 May 7 , 1990
The Highway Superintendent went on to say , the other thing is
having the signs there because you are looking at a sign about
every 200 ' . Scare people don ' t like that , a sign in front of their
house .
Mr . MCEwen replied , we are well aware of that and we have lived
with it for 20 some years and to be very honest , we don ' t want the
signs we would like to do nothing , we would like to not have the
cars there but there isn ' t any other solution so you have
to . . . . . . . and obviously we would expect you are going to put the
signs between the houses and not in front of the houses .
Supervisor Raffensperger remarked , may be a solution is to
republish this for next time and restrict the parking on the
residential side . She stated that there was nothing she could see
that could be done for that one single person who is an exception
but also then work with the school district and say we have done
this , no parking on one side , for the time being until you get a
parking lot that can accommodate a visitor to the school , a mother
who is coming to pick up a child or whatever . But you better get
going on your additional parking at the school . She stated that
she did not want to take the pressure off by saying we are going to
leave it like this forever . So if we did it this way we would
still keep the pressure on the school district to improve their
parking and there would be some parking on the street then on the
non-residential side . We need a description of this and would it
work to say , no parking on the north and east sides of Winthrop
Drive from the easterly entrance to the Northeast School parking
lot?
Highway Superintendent Ozolins remarked that he thought it needed
to be modified further as far as where that corner is , he did not
think it was such a good idea , even though the school is right
there , to have it open for people to park right there on the
corner .
Mrs . La Londe remarked , it is so narrow on the curve because she
goes that way every morning and she meets parents driving their
kids to school and she sometimes has to wait for a car to get
around the curve before she can proceed . It ' s very narrow there
and there shouldn ' t be any parking along there . There is a walkway
that conies down in the school .
Town Attorney Barney replied , if you took it too * * * * . you said no
parking on both sides of Winthrop Drive between the two entrances
to the school , would that take us around the corner .
Mrs . La Londe replied , that would take you around the corner .
Town Attorney Barney continued , and then from that point on no
parking on the easterly side of Winthrop Drive to Brandywine .
Supervisor Raffensperger asked the Highway Superintendent if that
was okay?
Superintendent Ozolins replied yes , that will solve that problem
Mrs . La Londe added , that she was sure the Board knew their jobs
but there were key times in this situation , one is at eight o ' clock
in the morning when there is traffic with the kids coming into the
school and the buss , the staff , the parents with their kids ,
parking on the side of the road . And then , 3 : 30 in the afternoon
when they are there to pick up the kids , 2 : 30 - whatever it is , and
then seven o ' clock at night .
The Supervisor closed the public hearing .
Town Board Minutes 28 May 7 , 1990
Councilwoman Valentino stated that people have called her and you
really can ' t see the parking lot from the road and the school
district should really have some kind of small sign with an arrow
that gives people an indication of where the parking is .
Supervisor Raffensperger replied that they may do that after they
add some parking , it was her understanding that they do not have an
extra visitor space during the school day .
RESOLUTION NO .
Motion by Councilman Niklas ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 00 P .M . , on June 11 , 1990 to consider
amending and restating the ordinance regulating traffic to prohibit
parking on both sides of Winthrop Drive from the easterly entrance
to the Northeast School to the westerly entrance to the Northeast
School and on the northerly side of Winthrop Drive from the
westerly entrance to the Northeast School parking lot westerly to
the intersection with Brandywine Drive .
(Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none) .
ADJOURNMENT
The meeting was duly adjourned .
Clerk
AFFIL' AVIT OF PUBLICATION
it HE ITHACA TCA `, ..' : 9 ` f
PLEASE ,TAKE NOTICE that a j
Public ,Bearing .. wily be held
County , May 7, 1990, at. 7:00
State of New York , Tompkins County , ss . : p. m. , at the Town of Ithaca, -
Town Hall , -. 126 E. l , Seneco i0
Street,, Ithaca, New .Yorlt on
being duly sworn , deposes and amendment to the Traffic I
y h Ordinance of the Town of Itha= ._ 1
ca which amendments Pro' hib= '..
says . that she/he resides in Ithaca , county and state aforesaid and that it parking on both .•side4' of 1
Clerk Winthrop Drive from the west
she/ he is erly entrance to the' Northeast
School_parkinq lot,_westerl.y-tom!
k) f The Ithaca Journal a public newspaper printed and published in Brandywine Road; and will ,at '
this time' �
hear all , persons in
Ithaca aforesaid , and that a notice , of which the annexed is a true favororopposedtosaidor-
dinance
. .., . •
. .:°..Jean H. Swartwood
copy , was published in said paper - . Town Clerk
r
April 25, 1990
and mat the first publication of said notice was on the
day of 19
Subscribed and sworn to before me , this day
o f611,,4 19
I
i
Notary Public ,
JEAN FORD i
Notary public, State cf New York
No. 463541. 110
Qualified in Tcmpkins Count -
C gym
ission expires May 31t 19��
t
a
s
FIN
RESOLUTION MODIFYING
PLANS OF TOWN OF ITHACA SEWER SYSTEM
BENEFITED AREA - 1989
WHEREAS , by resolution duly adopted on June 12 , 1989 , the
Town Board established the Town of Ithaca Sewer System Benefited
Area - 1989 an addition to the Town Sewer System in the Town of
Ithaca , New York , Tompkins County , pursuant to Section 209 -Q of
the Town Law of the State of New York ; and
WHEREAS , the plans for said Sewer Improvement Benefited Area
included certain properties on West Hill in the Town of Ithaca ,
and
WHEREAS , because of economic and topographical reasons it
now seems appropriate to delete certain portions of the work
proposed in the original resolution ; and
WHEREAS , on January 7 , 1991 , the Town Board of the Town of
Ithaca after due notice of same , held a public hearing on the
proposed modifications to the plans pursuant to Section 196 of
the Town Law ,
NOW , THEREFORE , it is
RESOLVED , that the plans for the Town of Ithaca Sewer System
Benefited Area - 1989 be modified by deleting from the
proposed plans relating to the sewer extension on West Hill
approximately 248 lineal feet of 8 inch PVC sewer pipe and
the related facilities including one manhole at the most
northerly portion of the proposed line extension , resulting
in the line terminating at a manhole in the backyard of 1489
Trumansburg Road .
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ENGINEERS AND SCIENTISTS
CAZENOVIA NEW YORK DARIEN CONNECTICUT
Shoat No. Job No . TAMPA RORIDA
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