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HomeMy WebLinkAboutTB Minutes 1990-07-09 TOWN OF ITHACA REGCTLAR TOWN BOARD MEETING July 91 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 9th day of July , 1990 , there were : PRESENT . Shirley Raffensperger , Supervisor John Whitcomb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman ALSO PRESENT * John Ozolins , Highway Superintendent Daniel Walker , Town Engineer Andrew Frost , Building Inspector/ Zoning Officer John Barney , Town Attorney George Frantz , Assistant Town Planner Edward Hallberg , Deer Run Development Carolyn Grigorov , Planning Board Beverly Livesay , Board of Representatives PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger remarked that she was aware that the Board knew the Town would have a vacancy in the position of Highway Superintendent as of August 10th . She stated that she knew all were pleased for John and that he will be the new Highway Superintendent for Cayuga County which will be a very nice prcmotion for him and we wish him well . With a telephone consent of the majority of the Town Board , the advertisement for the position has been placed and interviews are tentatively scheduled for the first full week of August . She stated that she would like to set up a committee consisting of John Ozolins , the members of the Public Works Committee , the Town Engineer and a representative of the Personnel Committee . In the interim the position will be covered by the Foreman with the assistance of the Town Engineering Department , The Supervisor went on to say that George Frantz , David Klein and she , had attended the Glenside Civic Association picnic on June 16th with the focus of the discussion on the Comprehensive Master Plan process but they also discussed speed limits and the need for a walkway in the area and concern over the adequacy of the water extensions in that area , which we will be following up on latter this week . Town Board Minutes 2 July 9 , 1990 Supervisor Raffensperger went on to say that she has received several telephone calls , one from the Cornell Graduate School Council , expressing concern about pedestrian traffic along Mitchell Street fran Maplewood to the East Hill Plaza , all requesting that the Town proceed with a sidewalk . At the time of the Maplewood approval , by the Town , Cornell made a contribution of $ 10 , 000 towards a sidewalk in that area and it was her understanding that the Town is now negotiating with Ide ' s for a sum of money as a contribution towards that sidewalk . The agreement with Cornell says that their money must be expended by 1994 and she thought the Town would need to make some accommodation in the 1991 budget for at least minimal development of a pedestrian trail along there . There are a large number of married students , small children , tricycles , strollers , etc . , going along that road which is quite heavily traveled . Supervisor Raffensperger noted that the Supervisor of the Town of Danby has contacted her to explore the possibility of joint youth activities between the Town of Danby and the Town of Ithaca with the possibility of scene kind of a joint facility being planned in the South Hill area . The Supervisor of the Town of Danby has contacted County Planning and the Commissioner has said that County Planning will consider support for a feasibility study for the Towns and by the August Board meeting she should have sane kind of a letter from the Town of Danby that the Board could consider . Town Engineer ' s Report Town Engineer Dan Walker stated that the 1989 Water and Sewer Improvement Project was proceeding in the design phase and that they will hold a meeting on Tuesday with Stearns & Wheler to review the final design drawings so that hopefully they will be able to go to bid soon . He went on to say that in the eastern area , up around Pine Tree Road , they are starting to consider an extension of water with the Town of Dryden and Cornell . The survey for the Quick property has been completed and has set up a meeting with the Quick ' s to discuss it . The Planning Board will be looking at one lot which was of concern to the Quick ' s because our excavation did extend somewhat beyond the easement . He stated that he had talked to the County Highway Department regarding the Pine Tree/Judd Falls Road intersection and we will be discussing transportation issues there in a little more detail along with planning and the projects that Cornell is planning for the area . The Trumansburg Road sewer to the Fire Station has been completed and we are doing the final inspections . There was some punch list work that has been pretty well completed . Councilman. Liguori asked if the fire station was open yet ? Town Engineer Walker replied that he did not think so , but the water and sewer had been connected . Councilman. Klein noted that they were having their final committee meting on. Tuesday . Town Highway Superintendent ' s Report Town Highway Superintendent John Ozolins stated that the two new trucks are both in and they are both deprocessed , in fact , the ten wheeler , Truck #3 , they have been using . Truck # 10 has been rust proofed and the only item yet to be done is to install the radios . We had Tracy Road Equipment work on the Badger to inspect it and repair it because of sane problems with hydraulic leaks . We replaced three stretches of the guard rails on Stone Quarry Road , Town Board Minutes 3 July 9 , 1990 since that time one section has been hit already . We finished flaring out the driveways and placement of . the shoulders , the only thing left: on the paving project is the surface treatment that was scheduled and still needs to be done plus sealing the roads that we paved this year and a couple that we skimmed over last year We did some ditching as well . He went on to say that on the Parks Activities , most of their time this .past month has been spent up in the Troy Park , the new park that is going in just below the Deer Run development . They have most of the play structures installed but with the mowing , it has taken longer than expected . Building ]:nspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that 18 building permits were issued for the month of June . He went on to say that 1. 9 certificates of occupancy were issued , 4 new complaints were investigated , two were for property maintenance in the Eastern Heights area and have been corrected . 135 field visits were made during the month . Town Planner ' s Report Assistant Town Planner George Frantz reported that essentially the Planning :staff has continued to work with Stuart Brown Associates on the Comprehensive Plan and are continuing to gather data and mapping information for the plan . We have begun drafting portions of the Oxnprehensive Plan that deal mainly with the inventory aspects of it including demographics information , population and development in the Town . Included in that is the preparation of two maps , one showing land use in the Town of Ithaca in 1968 and one showing land use of essentially today in the Town of Ithaca . The tabulation of the residents survey continues , the Comprehensive Planning Committee at the June 12th meeting established a subcommittee which will review the results of that survey and report back to the CPC at it ' s September meeting . Planning staff has prepared a draft working definition of open space and a proposed classification scheme for the CAC . We have also been working with the COC on a number of revisions to the Zoning ordinance . Councilman. Klein remarked that two people on his street had contacted him about Town recycling as apparently the people in the Northeast are not participating in the project . Supervisor Raffensperger replied that they were not in the pilot program but she had been assured by the Tompkins County Solid Waste Division that , they say by this fall the whole Town of Ithaca will have recycling . She stated that she has been telling people by the end of the! year as that seemed safer . Councilman Klein asked if there was any reason why it took so long to get it started? Supervisor Raffensperger replied that she did not know except they were trying to reorganize a fairly large extension of recycling . REPORT OF COMMITTEES Comprehensive Planning Committee Councilman. Klein reported that they have a meeting scheduled for Thursday and hoped to have some preliminary results from the survey Town Board Minutes 4 July 91 1990 back . We also want to establish some subcanmittees but basically a presentation to the committee of the work done by staff with some of the c=rent land use mapping and a comparison with base line map of 1968 . Councilman Niklas asked if the computer information from the survey would be available before the meeting? Councilman Klein replied that he did not think so , apparently the fellow at Cornell who is supposed to be compiling this has not done his job . But we will probably have them available at the meeting . Conservation Advisory Committee Councilman Whitcomb stated that they were still working on the development of the open space inventory and maps . We have sane representatives working with the City on the Six Mile Creek protection and should have a written report on that in August . Codes & Ordinances Committee Councilman Niklas noted that they were currently working under Section 70 of the Zoning Ordinance , involving the removal or displacement of material on site or to another site . We are currently also in a discussion in regard to non-conforming land use issues such as irregular lots not conforming , occupancy , etc . , and hope to have some legislation through the Planning Board to recommend to the Town Board in the near future . Ethics Committee Councilwoman Valentino remarked that she had nothing to report . The Committee should be getting comments from the staff shortly and will be setting up a meeting . Supervisor Raffensperger remarked that she thought she would schedule for the August meeting a discussion item with the possibility of setting the public hearing for September . FINANCIAL REPORT RESOLUTION NO . 173 Motion by Councilman Niklas ; seconded by Councilwunan Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the June Financial Report as presented . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . ASSEMBLY BILL NO . 8599-a AND SENATE BILL NO . 5675-a Supervisor Raffensperger noted that the Board had not received material on this item because this request for the enactment to include fixe districts that are coterminous with the area of the Town outside the Village as a part-town activity was initiated about two and a half to three years ago . She stated that she had received word from Senator Seward , earlier in the year , that it had passed . For some reason , which she did not know, she had now Town Board Minutes 5 July 91 1990 received a letter from Assemblyman Luster asking that the Board pass a formal Home Rule message requesting the legislation . The request reads as follows : "Pursuant to Article IX of the Constitution , the Town of Ithaca requests the enactment of Assembly Bill No . ;8500-a and Senate Bill No . 5675-a . It is hereby declared that a necessity exists for the enactment of such legislation , and that the facts establishing such necessity are as follows : The local government does not have the power to enact such legislation by local 'Law. " The Supervisor went on to say that earlier in the year the Board may recall she had told them that Assemblyman Luster had contacted her saying this was old legislation that the Town had requested and did the Town want them to proceed with it . She felt the reasons for proceeding with it were somewhat diminished over the years because we no longer return any funds to County as of this year to reduce taxes and therefore , do not have that lump of money to put towards fire protections costs . However , it seems for the future for us and other Towns in New York State this is a useful bit of legislation so she had written back to Assemblyman Luster telling him that while it was not an immediate ant to the Town of Ithaca now and would not urge him to put it on any kind of a priority track that: she felt it was a useful piece of legislation . She went on to say that she assumed this would go to the legislature next year , she did not really know, but in her opinion we might as well proceed with the request and the formal Home Rule request . Councilman Klein asked the Supervisor to discuss what this actually would do . Supervisor Raffensperger replied , what it would do would be to permit the Town of Ithaca to use sales tax revenues to off set fire district costs and because all of the Town , outside the Village , is in a single fire district , in other words its coterminous with the areas of the Town outside the Village , it would authorize us to use funds for fire protection . The State law does not now permit that . She felt this was probably because at one time there were very few town fire districts that were coterminous with the whole area of the Town outside the Village , there were little bits and pieces around the Town so you could not justify using funds that belonged to all areas of the Town for small isolated districts . Our districts are one and those funds would be properly used for that purpose if' authorized . RESOLUTION NO . 174 Motion by Supervisor Raffensperger , seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the Request by a Local Government for Enactment of a Special Law pursuant to Article IX of the Constitution requesting the enactment of Senate Bill No . 5675-a and Assembly Bill No . 8599-a . The Supervisor called for a roll call vote . Councilman Klein Voting Aye 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 duly adopted . Town Board Minutes 6 July 91 1990 REPORT OF COUNTY REPRESENTATIVES County Representative Beverly Livesay stated that she did not have anything really to report but wondered if the Board had any questions .. Also , had the Board had any change of opinion on the installment tax issue . Supervisor Raffensperger replied no , but she had agreed to have Cathy West come to the August meeting to discuss what she character:Lzes as the Towns lack of understanding of the system . They want another resolution from us . Mrs . Livesay replied , but as of now your resolution still stands . Councilman Klein remarked that several residents on his street were complaining that they were not participating in the recycling and why was it. taking so long to include them? Mrs . Livesay replied that the County Board had adopted a pilot project for a recycling program which spelled out various time lines , various areas to be covered and various materials to be collected . The pilot project has been adjusted and various areas have been added and various materials have been added but always keeping i,z mind the purposes of the original pilot project which was to gather specific information about in what particular areas do curb side pickups work and in what areas is it more feasible to have drop off centers . The fact that they have not been included , even though other areas were added , was that those areas were added keeping in mind the original pilot project . It will be analyzed as to how people respond to drop off points or if people respond better to curb pick up and what are the costs . There is a whole method bel ind all this . LOCATION OF ROADS AND PUBLIC FACILITIES FOR SHALEBROOK DEVELOPMENT Assistant Planner George Frantz stated that he wanted to report one thing regarding the Shalebrook subdivision , as part of the preliminary subdivision approval by the Planning Board , the Perry ' s are dedicating approximately 1 . 2 acres for a " tot lot " . In addition t.o that they were to contribute up to $5 , 000 in work of improvements to the " tot lot " . He stated that he had met with Tom Niederkorn , Dick Perry and Carl Sgrecci on Friday , to discuss this . They have cleared the " tot lot " , the brush and the like and seeded it to grass and the cost of that actually exceeds $ 5 , 000 , so they have met that condition already . Mr . Frantz noted a walkway connecting the end of Joseph Place with the " tot lot " and also a walkway connecting Perry Lane with Joseph Place . Highway Superintendent Ozolins questioned the possibility of having a road connect the two proposed roads instead of two separate cul-de-sacs . In the long term , as far as maintenance , especially during the winter , it would be a lot easier to have a connecting road instead of two cul-de-sacs . Assistant Planner Frantz replied that one of the things about this subdivision , which he felt was the reason they ended up with two cul-de-sacs was the fact that the Planning Board was very concerned about Riley Drive which may at some point be a West Hill connector . In order to get lots on there as well as eliminate any driveways onto this future Riley Drive they came up with this . Riley Drive canes off Bundy Road and then Joseph Place connects to it . Eventually Riley Drive will extend South past the " tot lot " . Town Board Minutes 7 July 9 , 1990 Councilman Klein noted that if you extend Riley Drive you will have four lots which will have a road on front and back , he asked if the Planning Board was concerned about that? Mr . Frantz replied , not really because of the depth of the lots . They are between 200 and 300 feet in depth . Town Planning Board Chairman Carolyn Grigorov remarked that would be a buffer between their backyards and Riley Drive and their entrances would be on the other lane . The idea was to keep their houses away from what might be a future road . Supervisor Raffensperger noted that there was a 40 ' buffer strip shown on the map . Councilman Niklas remarked that he did not see how this answers the question of a connecting road instead of the cul-de-sacs and it would seem reasonable to think about a connecting road . Town Engineer Walker replied that there are some topography questions as you come to the end of the cul-de-sacs . The slopes are basically to the East and in the upper wooded areas the slopes are from 5 to 10 % and toward the lake as you cone to the end of the two cul-de-sacs you are getting close to Williams Glen and then the slopes go to 15 to 20 % . Councilman Niklas questioned lots 17 and 18 as shown on the map , are they fairly level ? Mr . Walker felt that it was basically that they would loose two lots if the roads were to connect . Councilman Liguori remarked that those two lots have the most gorgeous view and they would hate to loose them . RESOLUTION N0 . 175 Motion by Councilman Liguori ; seconded by Councilman Klein , WHEREAS , the Town of Ithaca Subdivision Regulations require the approval by the Town Board of roads , park and open space , and other public facilities as may be proposed in a subdivision , and WHEREAS , the Planning Board has , on June 5 , 1990 , granted Preliminary Subdivision Approval , with certain conditions , to the proposed " Shalebrook " subdivision , proposed to be located on approximately 29 acres on Town of Ithaca Tax Parcel No . 6- 27- 11 . 2 , 1138 Trumansburg Road , and WHEREAS , the Planning Board , acting as Lead Agency for environmental review of the proposed subdivision , has , on June 5 , 1990 , made a negative determination of environmental significance , and WHEREAS , the Town Engineer and Assistant Town Planner have recommended approval of the location and preliminary design of roads and other public facilities proposed in said subdivision , subject to the further requirements of the consideration of said subdivision by the Planning Board , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca Town Board , acting as an involved agency in the review of this subdivision , accept and hereby does accept the location of the proposed roads , park and open space facilities , and utilities as proposed in the Preliminary Subdivision Plat for the proposed " Shalebrook " subdivision , dated March 12 , 1990 , subject to the requirements that Town Board Minutes 8 July 91 1990 may be imposed by the Planning Board and any further requirements of project approval . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . REVIEW OF SOUTH HILL TRAIL DEVELOPMENT - 1990 Supervisor Raffensperger noted that in December of last year the Town Board authorized the expenditure of almost $ 150 , 000 for the acquisition and for the development of the South Hill Trail . However , this years budget seems to include only $ 15 , 000 for it . She stated that she had asked the Planning Department to come up with a proposal for minimal development , we obviously must honor the purchase agreements we have , that would improve the safety of the trail once the Town had taken title to it . We will of course not proceed with this until the time for the legal appeal has been completed „ Assistant Town Planner George Frantz presented the following memo to the Tom Board dated June 26 , 1990 : "Attached is a budget for the South Hill Recreationway , for the 1990 construction season . It reflects the cost of purchasing the NYSEG right-of-way , acquiring the easement over the Sincebaugh land , and minimal development of the actual trail during 1990 . Construction work will be limited to eliminating potential hazards to the public , installing barriers and signs to bar motorized vehicles , installing fences , gates and signs where needed to protect adjacent landowners , and making some drainage improvements . Clearing and grubbing of the recreationway route would be limited trimming back brush and trees to a 4 to 6 foot wide clear area to ensure a safe walking path only . The work to be done this summer will be confined to the upper and lower railroad beds . Because of the amount and cost of the work necessary to develop the section of the recreationway through the Si.ncebaugh parcel to a point where it would be safe for public use , I recommend that nothing be done to that section this year , and have not allocated any money for improvements to that link . Also , I recommend that no signs identifying the path as the South Hill Recreationway be installed this year . I believe that we should tr( to minimize the visibility of the recreationway as a formal public trail , with resulting increased public use , until all proposed improvements to the route are completed . Please let. me know if you have any questions or comments regarding this budget . " SOUTH HILL RECCREATIONWAY BUDGET Construction Budget - Minimum Site Development F . Y . 1990 Prepared 4 / 17 / 90 TOWN EQBA TOTAL ACQUISITION COSTS Land $ 23 , 780 $ 16 , 580 $ 40 , 360 Legal & Appraisal $ 5 , 000 0 $ 5 , 000 Town Board Minutes 9 July 91 1990 ACQUISITION TOTAL $ 28 , 780 $ 16 , 580 $ 45 , 360 CONSTRUCTION Materials $ 0 $ 4 , 543 $ 4 , 543 Non-cash Labor & Equipment* $ 6 , 509 0 $ 6 , 509 CONSTRUCTION TOTAL $ 6 , 509 $ 4 , 543 $ 11 , 052 DESIGN & ADMINISTRATION $ 970 $ 11530 $ 2 , 500 PROJECT SUBTOTAL $ 36 , 259 $ 22 , 653 $ 58 , 912 10 % Contingency* * $ 51900 $ 0 $ 5 , 900 TOTAL PRA7EC.'T BUDGET $ 42 , 159 $ 22 , 653 $ 64 , 812 Minus Town non-cash contributions $-6 , 509 TOWN CASH SHARE - 1990 $ 35 , 650 *Town Parks and Highway Dept . personnel and equipment * *For purposes of this budget the 10 % contingency is assumed to be all cash . Portions of it , however , may be in the form of Town personnel and equipment . No EQBA reimbursement is anticipated for any contingency expenses . Councilman Niklas remarked , the limited trim back of brush and trees 4 to 6 feet wide , do you really mean 8 to 121 , in other words 4 to 6 ' on either side ? Mr . Frantz replied that at this time it will really be 4 to 6 ' . The idea is to make it safe for the public without getting into heavy duty clearing . Supervisor Raffensperger stated that it would probably be necessary later in the year to make transfers of funds in order to implement this plan , however , at this point it is not necessary . She stated that she just wanted the Board to be aware of what was proposed to be done this year . RESURFACING OF NORTHEAST ITHACA RECREATION WAY Supervisor Raffensperger noted that there was a small walkway which services school children coming from the Winston Court area to DeWitt School and the Northeast School . About five years ago the Town surfaced the path and we plow it in the winter time so that the children have safe access to the schools . Also , the chain length fence has deteriorated . RESOLUTION N0 . 176 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the resurfacing of the Northeast Ithaca Recreation Way and the repair of the existing chainlink fence at a cost for materials not to exceed $ 7 , 000 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . FUEL BID ACCEPTANCE Town Board Minutes 10 July 94V 1990 Highway Superintendent John Ozolins stated that last year when the fuel was put out to bid we received three bids , however , this year we received only one bid which was from Star Oil the same people who received the bid last year . Diesel fuel , drawing it from their tank is 60 . 9 cents , unleaded plus is 80 . 2 and diesel fuel delivered to the Town facility is 70 . 9 cents per gallon . That is what it is as of the beginning of the month and will fluctuate from month to month depending on the price of the fuel on the market . RESOLUTION NO . 177 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , WHEREAS , Star Oil Company was the only bidder for the fuel service , the costs being in line with what we have been paying , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accept the fuel bid from Star Oil Company for the period frcm July 9 , 1990 to July 1 , 1991 in accordance with the bid solicitation material and bid form submitted by such supplier . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PERSONS Tt> BE HEARD No one in attendance which to speak at this time WATER ACCOUNT REFUNDS RESOLUTION N0 . 178 Motion by Councilman Klein ; seconded by Councilman Liguori , ( 1 ) WHEREAS , an incorrect meter reading was taken on the March 1990 water bill. , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 88 . 60 for water , $ 13 . 06 water surcharge , $ 69 . 08 sewer and $ 6 . 20 sewer surcharge , total refund of $ 176 . 94 be made to A . Thomas Kirsch , 202 Winston Drive , Ithaca , New York , Account Number U-3099 . ( 2 ) WHEREAS , the owner of the property at 1568 Slaterville Road was overcharged on an estimated reading , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 3 . 39 for sewer be made to Edward Szymanski , 1511 Slaterville Road , Ithaca , New York . Account Number S- 1012 . ( 3 ) WHEREAS , a reading error was made on the June water bill for the property located at 143 Lexington Drive , NOW THER 10RE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 70 . 61 for water , $ 10 . 39 water surcharge , $ 61 . 11 sewer and $ 4 . 94 sewer surcharge , total refund of Kin Street Ithaca New York . 47 05 bey made to Klaus Romeis 106 , $ 1 g Account Number U-3730 . ( 4 ) Town Board Minutes 11 July 9 , 1990 WHEREAS , -the property owner at 2 Renwick Place was overcharged on the March and June quarterly water billing , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 21 . 44 for water , $3 . 14 water surcharge ,, $ 25 . 31 sewer and $ 1 . 49 sewer surcharge , total refund of $51 . 38 be made to David Hague , 23 Song Sparrow, Irvine , California 92714 . Account Number T- 1281 . ( Raffenspexger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . MODIFICATION OF SEQR ON TROY ROAD TANK Town Engineer Dan Walker remarked that last month the Town Board had approved the SEQR on the Troy Road tank and he wished to modify the SEQR on the point that he incorrectly noted that the tank height wa:a less than 30 feet when it is actually 47 feet high . Also , there is a breather on top which is higher . The trees in the area are , right now , range from 30 to 40 feet high with sane trees being 50 high and with the tank being painted green he felt it would blend in with the area quite well . Supervisor Raffensperger added , we thought that since the question was specifically asked last month at the meeting in reviewing the environmental assessment form and the answer had been incorrect that we should make the correction to the answer that say the tank is 47 feet: high and that the Board should revisit the issue of the negative determination of adverse environmental impact . Councilman Klein asked if the new tank was going to replace the one that is presently there ? The Town Engineer replied that there was a 5 , 000 gallon tank further down the hill . Councilman Klein asked how far would the new tank be from the old tank ? The Town Engineer replied , about 1 , 000 feet . The new tank will replace the current tank and improve the system and provide better service for the Troy Road area and a better water supply to the Ridgecrest. Pump Station which supplies Chase Farm and Deer Run and all those other subdivisions . Supervisor Raffensperger reminded the Board that they had proceeded with SEQR determinations last year as to the water improvement program which included the water tank . The environmental assessment. that we did last month had only to do with location of the tank because the exact location of the tank had not been set in the preceding environmental review . In the process of doing that the question was asked as to the height and you received an incorrect answer and we felt it best to bring it back to the Board . Councilman. Niklas asked what was the dimensions of the breather? Town Engineer Walker replied , there is a little dog house on top that is about 2 to 3 feet in diameter . The vertical tank is about 44 feet high then there is a dame that comes up and a couple feet on top of that is a small breather . A hatch basically in the center of the tank . It ' s about a foot and a half high . It will be below the horizon line . Councilman. Niklas remarked , so the done and the hatch are no more than a total of three feet? Town Board Minutes 12 July 91 1990 Town Engineer Walker replied , correct . RESOLUTION N0 , 179 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , WHEREAS , the Town of Ithaca 1989 Water Improvement Program has been approved and funds allocated , and WHEREAS , the location of the proposed Troy Road Water Storage Tank has been finalized , and WHEREAS , a revised Environmental Assessment Form has been completed and a negative determination of environmental significance has been recommended , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca Town Board reaffirms its negative declaration of environmental significance for the proposed water tank in the proposed location as determined by said Board at its June 11 , 1990 meeting . ( Raffenspeerger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ADVERTISEN114T FOR HIGHWAY SUPERINTENDENT POSITION Supervisor Raffensperger stated that all of the Board members , who were available , were called and that a majority had assented to the advertisement to fill the vacancy . RESOLUTION NO . 180 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , WHEREAS , the Town Highway Superintendent has submitted a letter of resignation effective August 10 , 1990 , and WHEREAS , the Town Board concurs that the vacancy should be filled as soon as possible , and WHEREAS , the Town Board was surveyed by telephone for authorization to place advertisements for the position , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratifies the placing of advertisements as of July 3 , 1990 for the position of Town Highway Superintendent . (Raffenspe:rger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . JUNE 1990 TOWN BOARD MINUTES RESOLUTION N0 . 181 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the June 1.990 Town Board minutes as presented by the Town Clerk . (Raffenspe:rger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . Town Board Minutes 13 July 9 , 1990 ACCEPTANCE OF DEED RESTRICTIONS WITH RESPECT TO PHASE III-B AND THE MARCY COURT PHASE OF THE "DEER RUN " SUBDIVISION Assistant Planner George Frantz noted that the proposed deed restrictions for Deer Run Phase III-B are similar to those approved by the Town Board for Phase III-A with the exception of additional restrictions on fences and lawn maintenance for lots number 19 through 27 . These additional restrictions are designed to preserve a band of natural area between those lots and the lots on Saranac Way , Councilwoman Valentino asked , how does the enforcement of these deed restrictions work? Town Attorney Barney replied , two ways . Normally the way is for a neighbor or the developer to enforce the restrictions if there is a violation by bringing an action in court . The other way is for the Town to enforce them if the Town is so inclined but not obliging the Town to do so . Councilwoman Valentino replied that the reason she was asking was because when they had their subdivision , Eastern Heights in 1968 , we moved in there with all the subdivision rules and it turned out that their developer chose not to follow through on a lot of the rules that were there and to their amazement they found out the only recourse they had as residents was to take it on their own shoulders to start a law suit and pay for the attorneys to do that and she has always felt that that was totally wrong . At least people should know this . When you see this it looks all well and good and people say wow , I ' m moving into this place with all these wonderful restrictions and then they find out there is no way except for them to sue in court to enforce the rules . Either it should be clear that this is not the case , or the Town in passing something like this should have some obligation then to make sure they are enforced . Town Attorney Barney replied the Town is not passing these , you are basically approving them and he was not sure , in these two instances , if it is even required that the Board approves them . We don ' t have built into our scheme , the requirement that they be submitted to the Town for approval . The clustered subdivision does need to be approved , however . There are circumstances where there are a group of neighbors who have found a certain circumstance in the neighborhood to be unacceptable and they have banded together and brought an action . But , the Town really doesn ' t act through these regulations or these restrictions , we act through our Zoning Ordinance and our Subdivision Regulations and those , of course , we generally choose to enforce . Councilwoman Valentino felt the deed restrictions should be clear because a lot of developers when they start selling lots sort of mislead lead people by saying that the Town has approved them . Councilman. Niklas remarked that he really wanted to be assured that modification of the deed restrictions would not jeopardize the Town zoning . ]3e asked if # 10 was part of the restrictions that is referred to in the modification , " these restrictions may be amended , varied or changed only upon the affirmative vote . . . . . . . . . . . . " . He asked if it could be possible that accidently a Town Board could vote to approve a modification to the Deer Run Subdivision Community Association that would not place our Zoning Ordinance ahead of any of their restrictions ? Town Attorney Barney replied that he did not see how that could occur . The Zoning Ordinance , outside the Village , is a Town wide law that applies across the board . They are not saying , by that Town Board Minutes 14 July 9 , 1990 approval and nothing here says that , that they are modifying nor does the Town Board have the authority to modify the Zoning Ordinance . The Zoning Ordinance can only be amended through the normal amending process either by local law or ordinance . Councilman Liguori asked , why does the Town get involved anyway? Town Attorney Barney replied , the Town law says that if you cluster then . . . . . .. . Councilman Liguori remarked , other than that ? Town Attorney Barney replied , we don ' t normally . He felt the reason here was because up until the Marcy Court the balance of the Deer Run Subdivision has been clustered subdivision and each phase has been clustered and have their own restrictions and they needed to be approved pursuant to Town Law and the Town ' s Subdivision Regulations . Assistant Town Planner Frantz added , the only other exception has been Teton Court , it ' s a cul-de-sac with conventional lots . RESOLUTION NO . 182 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the deed :restrictions for the Deer Run Phase III-B and Marcy Court as proposed . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ACCEPTANCE OF TEION COURT AS A TOWN HIGHWAY Town Engineer Walker remarked that the road was basically complete as far as basic construction . He noted that both he and the Highway Superintendent have inspected the road and found the base to be satisfactory and he agreed with the Highway Superintendent that it was best to let the base set before the surface treatment was applied which is the last remaining step to make the road complete which will be subject to a letter of credit for completion . RESOLUTION N0 . 183 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino ,, WHEREAS , with respect to Phase III-a and the Teton Court Phase of the "Deer Run " Subdivision located at the intersection of Troy and East King Roads , backlot , Hallberg Associates has substantially completed construction of Teton Court , culverts , storm drainage improvements , and water and sanitary sewer mains , except for final surface treatment of said Teton Court , and WHEREAS , preliminary inspection has been performed by the Town Engineer and the Town Highway Superintendent on the northern 600+/- feet of said Teton Court , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts said Teton Court as a Town highway , the length being 600+/ - linear feet measured along its centerline from the end of the existing portion of Teton Court to the center of the cul-de-sac , as shown on the Final Subdivision Plat as approved by Town Board Minutes 15 July 9 , 1990 the Town of Ithaca Planning Board on November 21 , 1989 , subject to surface treatment ,, acceptable to the Town Engineer and the Town Highway Superintendent , of the northern 600+/ - linear feet of Teton Court , and further subject to the receipt of a letter of credit in the amount of $ 7 , 500 , in form acceptable to the Town Attorney , to ensure the proper completion of said road , and further subject to the receipt of a deed and marketable title for such highway lands , and further subject to the receipt of a deed and marketable title , satisfactory to the Town Engineer and the Town Attorney , for the water tank site and the 20-foot-wide access from the Teton Court cul-de-sac: to the water tank site . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) , Councilman Niklas remarked that the Town has accepted three cul-de-sacs roads , and with the comment from our Highway Superintendent that these roads are difficult and expensive to clean during the snow season . He stated that he would like the Chairperson of the Town Planning Board to take note that he for one thinks some effort should be made not to have cul-de-sacs as they are expensive in terms of maintenance . PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW # 14 , 1987 TO AUTHORIZE THE ASSISTANT BUILDING INSPECTOR AND THE DEPUTY TOWN SUPERVISOR TO ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Proof of posting and publication of a notice of public hearing to consider amending Local Law # 14 , 1987 to authorize the Assistant Building Inspector and the Deputy Town Supervisor to issue Building Permits and Certificates of Occupancy having been presented by the Town Clerk: , the Supervisor opened the public hearing . Supervisor Raffensperger noted this was discussed at the last meeting when the Board scheduled the public hearing . It was originally to allow the Assistant Building Inspector to issue these permits and certificates of occupancy and the Board decided to add to it the Deputy Town Supervisor so that four persons could perform this function in an emergency . Building Inspector/ Zoning Officer Andrew Frost stated that he had had some input on this and he just wanted to bring up that the Supervisor in the past has been listed in the local law for a number of years now . He stated that he felt somewhat responsible for the Deputy Town Supervisor being added but one of the concerns that was given to him and he shares some of it , as the Building Inspector or as the Assistant Building Inspector we have obviously a set of criteria based on our technical knowledge in giving consideration when we issue a building permit or a certificate of occupancy . That technical knowledge we would assume that neither the Town Supervisor or the Deputy Supervisor has . He thought that from the standpoint of that if both himself and the Assistant Building Inspector were out of town and something came up that somebody needed a permit or a certificate and he was reachable by phone and he authorized something over the phone , then he did not think anybody would have compromised or sacrificed the quality in issuing the permit or certificate . The point he was trying to make was that , clearly there is a distinction between the Building Inspectors and the Supervisors in terms of technical background and he thought: some , as it was voiced to him today by somebody , the fear is that there may be compromise of technical consideration given if the Supervisor or Deputy issues a permit or certificate of occupancy . He stated that he could not imagine either issuing a building permit without knowing that the plans had been reviewed Town Board Minutes 16 July 91 1990 and are in compliance . He went on to say , that as somebody had suggested ,, the politics of it perhaps are inappropriate . Councilman Whitcomb replied that he had the sane reservations as he did not feel he had the qualifications to review a building permit application and say yes or no . He also wondered what the rush was if the Building Inspector or the Assistant Building Inspector were out of town , why would it not be appropriate for the person to wait a few day; or a week or whatever? Supervisor Raffensperger replied that she felt it was a highly unlikely event that either the Supervisor or Deputy Supervisor or persons in our positions would issue either building permits or certificates of occupancy . It is possible to have both members of the department out of town , to consult with them and then to proceed to do it . There probably should be that kind of backup . Town Attorney Barney remarked that there was a point in time when the Town was minus anybody in the department and also there was a time when the Town wanted to revoke a building permit and the Building Inspector was not available and the Supervisor wrote the letter revoking the permit and he felt it was wise to have that kind of authority available in an emergency . As no one present wished to speak , the Supervisor closed the public hearing . Councilman Niklas remarked that he had no objections to this amendment but for a very long time he had been concerned about having the status of an application for building permit up to date and on file here in the Town Hall . He stated that he was involved with the .issuance of some building permits in College Circle and the issue here is whether or not certain commitments made by the developer were filled before the issuance of the building permit . He stated that he would just like to know if any changes fron that time have been made or if any safe guards have been put in place to insure that that would not happen , not just the issuance of building permits from the Building Inspector but also to provide documented. information to anyone else listed in this local law amendment that would assist say the Town Supervisor or the Deputy Town Supervisor in their decision . He asked if any of his concerns had been addressed? Andrew Frost replied that he would say yes and no to that . He did not think anything had appreciably changed in terms of the checks and balances that we have in issuing the building permit . Things sometimes fall through the cracks . What he thought Councilman Niklas was referring to with College Circle , even though he was not sure , was . . . . . . . . . . Councilman. Niklas remarked , that the plantings had to be approved by the Town Planner before building permits were issued . But the building permits were issued before the check offs were set . Mr . Frost replied , there is a variety of things that are reviewed and considered prior to issuing the building permit , most based on building and building code . Councilman. Niklas replied , when the Town Planning Board gives final site plan approval there are certain stipulations . Supervisor Raffensperger asked to comment , she noted that they have been holding meetings trying to work out basically better check lists and one of the things that we are now moving toward is trying out , on a trial basis , a plan specific compliance check list . The check lists we have used before are very long . For instance it Town Board Minutes 17 July 91 1990 says , is the pond designed right , there may not be a pond on it . When there is a long list that does not pertain to a particular project you have a tendency not to fill out the form . So one of the things we are looking at is having the Planning Board Secretary when she types the minutes of the Planning Board meeting , at which all of these conditions are listed , she just turns around right then and makes a compliance check list specific to that plan . So if it says planting plan was to be approved by the Town Planner that ' s there and it doesn ' t say pond if that is not part of it . Councilman Niklas remarked that his vote on the amendment really depends on the assurances that all of the individuals listed in this proposed local law have access to documentation , check lists with signatures which are the requirements for the issuance of a building permit for a particular site . He stated that he felt it was reall:y unfair to all of the people , including the Building Inspector , without that kind of paper safeguard . Supervisor Raffensperger replied that she did not think that they could guar:antee that tomorrow there will be a perfect system but she did feel they were trying to improve it . One of the difficulties is that quite often the Planning Board resolution does not contain all of the conditions . We talked about sending a letter to all of the Boards to say , don ' t expect the Town to enforce any conditions that are not in the body of the resolution because you just can ' t expect staff to go through the minutes to pick up scue of these goodies and try to enforce them . Councilman Klein remarked that he was not the person who spoke to the Building Inspector but what he reported echoed a lot of his thoughts on this , in terms of having the technical expertise to issue permits . Speaking to the Town Attorney he stated that the other thing that he was a little bit confused about was that we are dealing with the enforcement of the building code as opposed to the enforcement of the Zoning Ordinance and he draws a distinction . There are zoning regulations that say you can build a house on a lot and you have certain setbacks but this is specifically the enforcement of the New York State Building Code which is a higher level of technical knowledge . He wondered if the back up persons shouldn ' t be the Town Engineer as opposed to the Supervisor or the Deputy Supervisor . Town Attorney Barney replied , you may recall that at the last Town Board meeting when we set the public hearing he had asked the Board who they vranted in here . It ' s only a matter of putting it back on the word processor . He stated that he did not have strong feelings one way or another . We have , traditionally , had the Supervisor have that authority we wanted to obviously broaden it out now that we have a Deputy Building Inspector to have that authority beyond that he dial not care . If you want to change the Supervisor to the Town Engineer , he did not care . Nor did he have any strong legal reason not. to do it or to do it . Supervisor Raffensperger remarked , different supervisors have different levels of expertise in building codes , etc . , and it seemed to her an awful lot of discussion about not a great deal . She asked the Board who did they wish to have be empowered to issue permits , certifications and other notifications . Town Attorney Barney remarked , the whole thrust of this was to have someone around to sign something , obviously you are not going to have any Supervisor looking to issuing building permits but it is the type of situation where you have someone come in who wants to build a house , it ' s not a terribly complicated thing , the plans end up on the Building Inspector ' s deck , the Building Inspector looks at them , didn ' t get a chance to issue the permits or may be said Town Board Minutes 18 July 91 1990 there is one other thing you need to do , the Building Inspector then goes on vacation . The applicant brings that needed piece of paper in and then someone can issue the permit . That ' s what this is for , it ' s not designed to have two more people reviewing building permits . Councilman Whitcomb remarked that he also felt that any responsible Supervisor would be very reluctant to sign something he or she did not understand fully . LOCAL LAW # 8 - 1990 Motion by Councilman Niklas ; seconded by Councilman Liguori , A LOCAL LAW TO PERMIT THE ASSISTANT BUILDING INSPECTOR AND THE DEPUTY TOM SUPERVISOR TO ISSUE BUILDING PERMITS AND OTHER CERTIFICATES Local Law No . 1 of the Town of Ithaca for the year 1981 entitled "A LOCAL LAW TO ADOPT THE NEW YORK STATE FIRE CODE " as amended by Local Law No . 14 of the year 1987 , by Local Law No . 5 for the year 1990 and Local Law No . 6 for the year 1990 and as the same may have been otherwise amended , is hereby further amended as follows : 1 . Section 3 of said Local Law is amended to read as follows : "Section 3 . Administration . The Building Inspector and Zoning Enforcement Officer , (hereinafter "Building Inspector " ) is hereby designated to administer and enforce the Building Code within the Town of Ithaca . In the event the Building Inspector is not available , the Assistant Building Inspector and Zoning Enforcement Officer , the Town Supervisor of the Town of Ithaca or the Deputy Town Supervisor , are authorized to administer and enforce the Building Code and to issue permits , certifications , and other notifications thereunder . " 2 . This law shall take effect 20 days after its adoption . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Nay Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Nay Councilman Whitcomb Voting Nay Supervisor Raffensperger Voting Aye Local Law No . 8 - 1990 was thereupon declared duly adopted . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW NO . 6 - 1987 (COLLEGE VIEW MOBILE HOME PARK) Supervisor Raffensperger stated that she wished to draw the Board ' s attention to the resolution of the Planning Board which reccmTended this to the Town Board but also recoianended that any such amendment permit such increase only at such time as public water and sewer Town Board Minutes 19 July 9 , 1990 are available to the subjects . The Supervisor then asked the Town Engineer when water and sewer would be available . Town Engineer Dan Walker replied , water and sewer will probably be available next summer . Supervisor Raffensperger went on to say that the question before the Board tonight is whether or not the Board wishes to now set a date for a public hearing to consider amending this local law to increase the number of mobile homes permitted . She stated that she would like to now express her opinion about setting the public hearing and that is that it seems to her that in a period of a year it is possible for too many things to change in a year , including the ownership of the mobile home park . She stated that she was a little concerned about the Board setting a date for a public hearing at: this time . It seemed more appropriate to her to set the public hearing date when the requirement that public water and sewer are available . Councilman Liguori remarked , you could approve the plans , you could approve the whole thing subject to completion of the water and sewer . So we should go ahead and do it otherwise the person may have to go through the whole process a year from now . Supervisor Raffensperger replied no , all we need to do is set a public hearing . In either case we set the date for a public hearing now or we set a date for a public hearing a year from now but they do not need to go back to the Planning Board unless there are substantial changes in their plans or whatever . It is a matter of timing not making the process more difficult or complicated . It was the consensus of the Board ; that they would not now set the date for a. public hearing to consider amending the local law as the Board would not proceed to amend the law at this time . SET DATE FOR FALL CLEAN-UP Highway Superintendent John Ozolins stated that the clean up will cover the full week before Thanksgiving plus Monday , Tuesday and Wednesday of Thanksgiving Week . The second item is dealing with what type of containers are we going to accept the leaves in , he remarked that brush was no problem , it ' s the leaves . The proposed resolution. states that the only bags that the Town will pick up are biodegradable paper bags . Last year we went through over two dumpsters full of plastic bags . It was time consuming to dump them and then the plastic bags have to be thrown away . We now have to pay to have the dumpsters emptied . Councilman. Whitcomb asked if paper bags were readily available ? Highway Superintendent Ozolins replied , we are still pursuing that through several different means . We have talked to Ithaca Agway and they have checked with the distributors we had contacted earlier and we have talked with the Solid Waste people . Or the Town could buy the bags and sell them to the residents at the Town ' s cost . Councilman Niklas asked if brown paper grocery bags were biodegradable ? Mr . Ozolins replied , eventually yes . The bags he was :looking at have the same capacity as the large plastic leaf bags . Councilman Niklas remarked that his point was the biodegradable 0 ust means that it breaks down and any kind of a paper bags as long Town Board Minutes 20 July 9 , 1990 as it is not lined with plastic or coated with scene kind of a wax is essentially biodegradable . Councilman Klein asked if they would be shredding the paper bags ? Mr . Ozolins replied that he would like to be able to shred the whole thing . We will only pick up loose leaves or leaves in biodegradable bags . Supervisor Raffensperger asked if the cost of the biodegradable bags would be comparable to the cost of plastic bags ? Mr . Ozolins replied , within a couple of cents . RESOLUTION N0 , 184 Motion by Councilman Niklas , seconded by Councilwarnan Valentino , WHEREAS , the residents of the Town of Ithaca have cane to look at the Town picking up brush and leaves because the trash haulers will not , due -to landfill requirement for separation of trash and yard waste , and WHEREAS , in the last pickup residents used plastic bags for leaves which required double and triple handling of the bags . There were over two dumpster loads of just plastic bags , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby set November 12 - 21 , 1990 as the time to pickup brush and leaves , and BE IT FUROR RESOLVED , that only loose leaves in biodegradable paper bags will be collected . Leaves in plastic bags will not be picked up by the Town . Residents may bring leaves in plastic bags to the Highway Department barn , empty the leaf bags in a designated area and take the plastic bags when they leave . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CENSUS COUNT Supervisor Raffensperger noted that she had received a lot of material promoting the "Were you counted campaign " to increase participation in the census . She noted that the Assistant Town Planner was going to put out a press release based on the proposed resolution . Also , copies of the resolution will be sent to the newspapers . RESOLUTION NO . 185 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , WHEREAS , the U . S . Bureau of the Census is conducting a WERE YOU COUNTED? campaign to increase participation in the census , and WHEREAS , the Town of Ithaca benefits fran a full and accurate count of its residents in that such count is a determinant in various aid formulas and county , state and federal proportional representation , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca urges all Town residents who believe they have not or may not have been included in the census count to contact the Town offices for information or call the Bureau of the Census , 1-800-999- 1990 , and Town Board Minutes 21 July 91 1990 FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca urges local newspapers , both daily and weekly , to cooperate with New York State ' s efforts to effect a full count by publishing census form inserts , as supported by The New York Publishers Association and the New York Press Association . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS Town Engineer Walker mapping services were provided for the Inlet Valley Water and Sewer Project . The Town Board authorized the mapping in June of 1989 . The bill for the services got lost in the change of engineers and has just now come to our attention via a reminder from TVGA that they had not been paid for their services . RESOLUTION N0 . 186 Motion by Councilman Niklas ; seconded by Councilman Liguori , WHEREAS , the Town of Ithaca contracted with Tallamy Van Kuren Gertis & Associates (TVGA) on June 22 , 1989 for mapping services for our 1989 Water & Sewer Improvements in Inlet Valley in the amount of $ 6 , 925 , and WHEREAS , TVGA completed the mapping as contracted , NOW THII2EF'ORE BE IT RESOLVED , that the Town of Ithaca make payment to TVGA in the amount of $ 6 , 925 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RESOLUTION N0 . 187 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve two additional items to the Warrants dated July 9 , 1990 as listed below , $ 19 , 891 to Roberts Equipment , Order No . 04697 , and $ 14 , 657 to Action Chevrolet , Order No . 94848 to be remitted no earlier than July 12 , the period for filing for a permissive referendum regarding the expenditure of Highway Capital Reserve funds having expired on. July 11 , 19900 General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . $ 148 , 608 . 88 General Fund - Outside Village . . . . . . . . . . . . . . $ 35 , 951 . 32 Highway F'und . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 541270 . 96 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 333 , 257 . 02 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 362 , 098 . 54 Capital Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6 , 469960 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . $ 462 . 68 (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 188 Motion by Supervisor Raffensperger , seconded by Councilman Whitcomb , Town Board Minutes 22 July 9 , 1990 RESOLVED , that the Bolton Point Warrants dated July 9 , 1990 , in the Operating Account are hereby approved in the amount of $ 128 , 342 . 22 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Comnission , they are in order for payment . (Raffensperger , Whitccenb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ROAD SURFACING AGREEMENT Highway Superintendent Ozolins noted that the first agreement that the Board signed in March or April was only for mixed paving . This agreement will complete the second part of the scheduled paving schedule which is surface treatment . RESOLUTION NO , 189 Motion by Councilman Whitcomb ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the Agreement To Spend Town Highway Funds , as presented by the Highway Superintendent . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ACCEPTANCE OF HACKBERRY LANE Town Engineer Walker noted that the road had been completed and inspected and he recommended that the road be accepted . RESOLUTION N0 . 190 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , WHEREAS , with respect to the Hackberry Lane Subdivision off Coy Glen Road , Thomas Richard of Coy Glen Associates has substantially completed construction of Hackberry Lane , culverts , storm drainage improvements , and water and sanitary sewer mains , and WHEREAS , final inspection of the roadway construction has been performed by the Town Engineer and the Town Highway Superintendent , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts said Hackberry Lane as a Town highway , the length being 300+/- linear feet measured along its centerline from the centerline of Coy Glen , Road to the center of the cul-de-sac , as shown on the Final Subdivision Plat as approved by the Town of Ithaca Planning Board on August 1 , 1989 , subject to the receipt of a deed and marketable title , satisfactory to the Town Engineer and the Town Attorney , for such highway lands , and further subject to the receipt of a utility easement along the south side of said Hackberry Lane , satisfactory to the Town Engineer and the Town Attorney . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . CAC BUDGET FOR FISCAL YEAR 1990 Town Board Minutes 23 July 91 1990 Councilman Whitcomb stated that New York State Department of Environmental Conservation will cost share the efforts of the Conservation Advisory Council . Originally when the legislation was first passed the figure was 50 % , however , a more likely figure is around 20 % . The State allocates "X " number of dollars to be divided among all the CAC ' s and is divided once a year after the invoices are submitted . Traditionally , it has cane up in the range of 20% to 25% reimbursement . The budget is an attempt to allocate many of the expenditures we would be spending anyway in the conservation effort . Such things as consulting services fron Brown , student interns . We have two fiscal year budgets here , fiscal year 1990 and 1991 . Technically the budget has to be submitted to the State by August first of the year proceeding the State fiscal year . The State fiscal year starts in April so we are submitting our budget for fiscal 1991 . We did not have a CAC last August first but we have been told they will accept our first year budget anytime . The State also requires a work program so we have a narrative of what we expect to accomplish and how these monies might be spent for each of the years involved . RESOLUTION NO . 191 Motion by Councilwoman Valentino , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the budgets for fiscal year 1990- 1991 and fiscal year 1991- 1992 for the Conservation Advisory Council . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CHANGES TO SEQR SHORT FORM ENVIRONMENTAL ASSESSMENT FORM Councilman Whitcomb stated that a committee had been formed on the Conservation Advisory Council that was charged with development review . He stated that they were trying to coordinate with Planning Board review and staff review of development applications that came in . We noted some shortcomings in the short environmental assessment form . We would like to add a couple of things to that . After Item #6 which says "Describe project briefly" we would like to add another item which says "Describe the purpose of the project " . Item # 8 , "Will proposed action comply with existing zoning or other existing land use regulation" . It would be good to know the existing zoning . Insert a new item after # 81 "Will proposed action lead to a request for public road? public water? public sewer ? " Part II , clarify that the thresholds referred to are both New York State ' s and those of the Town of Ithaca . Add a new section in Part II , "Planning staff ' s reccmnendations and comments " and also , "Conservation Advisory Council ' s recomTendations and comments " . Councilman Niklas asked if the CAC planned further changes to the short form? Councilman Whitcomb replied , no not to the short form . Councilman Niklas replied that he noticed there was no reference to ground disturbance , fill or grading or changing of the topography that° might have a significant effect . All of the additions are very good . Councilman Whitcomb remarked , we can attack this in two ways . We can wait until we have thought of every revision we want made or we can change it now with the revisions we have . Town Board Minutes 24 July 9 , 1990 Supervisor Raffensperger remarked that when she heard about the revisions she had thought they would go to the Planning Board first but in checking she found that the only approval of the short environmental assessment form was made by the Town Board in May of " 87 without any input from the Planning Board . Town Attorney Barney remarked that he was seeing the changes for the first: time tonight and was not prepared to comment . He understood that the Town Board had adopted the State form on the recomnendations of the Planning Board . In view of the fact that this form is used , not only by the Town Board but the Planning Board and the Zoning Board of Appeals whether it wouldn ' t be appropriate for them to make their comments on it before the Town Board takes action . Also , he understood the concerns but the short form is designed to be just that , a short form and if there is any question at all that raises the need for additional information the applicant can be directed to file a long form EAF . He felt the short form was set up for those kinds of projects where there is anticipated no great need for environmental review and then if there is any question at all the long form is required before a determination is made . He stated that he would like to look at the specifics that are suggested . Supervisor Raffensperger replied that she thought the Conservation Advisory Council had just come up with the these proposals . She asked the Board if they felt it was appropriate for the proposed changes to go to the Boards who deal with the form for their changes ? Assistant Town Planner Frantz remarked that there is a lot more information available on each project , not just what is given on this form.. The information is already there in the plans that are given . The Board felt this was a good idea . Supervisor Raffensperger remarked that she felt comments should be received from the Planning Board , Zoning Board of Appeals , Town Attorney and Town staff before the Town Board proceeded further and then perhaps it can be discussed at the August Town Board meeting . INCREASED MEMBERSHIP FOR THE CONSERVATION ADVISORY COUNCIL Supervisor. Raffensperger stated that this item has been deleted by the CAC . EXECUTIVE SESSION RESOLUTION NO . 192 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby move into Executive Session to discuss the possible institution of court proceedings on the Sapsucker Woods Project , possible appeal of the Hull decision and a matter of property maintenance . (Raffensperger , Whitcanb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . OPEN SESSION RESOLUTION NO . 193 Town Board Minutes 25 July 9 , 1990 Motion by Councilman Klein ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) HULL MATTER RESOLUTION N0 . 194 Motion by Councilman Niklas , seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby direct the Town Attorneys to proceed to prosecute the appeal of the Hull decision to the Appellate Division . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SAPSUCKER WOODS PROJECT RESOLUTION N0 . 195 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby direct the Town Attorneys to institute the proceedings regarding the Sapsucker Woods infractions . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Clerk AFFIRA VIA' OF P BLICATION THE ACA JOURNAL State of New York , Torapkins County , sso $ Gail Sullins being duly sworn , deposes and PLEASE TAKE NOTICE, that the :l Town Board of the Town of . says , that sheltie resides in Ithaca , county and Mate aforesaid and that Ithaca will meet and conduct , Clergy a public , hearing on July 9, she/he is k 1990, at 7:00 P.W. at the Town Hall, 126 East Seneca j Street, Ithaca, New York, to ' of The Ithaca Journal a public newspaper printed and published in consider amending local Coo EI 14, .'.1987, . to authorize the Ithaca aforesaid , and that a notice , of which the annexed is a true Assistant Building - Inspector and the Deputy Town Supervi= copy , was published in said paper sor to issue building permits and certificates of occupancy and will at this time hear all l persons in favor of or opposed V 1r� L �� a io the adoption of said amendment. Jean H. Swartwood 'town Clerk June 28, 1990 and that the first publication of said notice was on the � day of 19 �— ci2c;ll � �Au� Subscribed and sworn to before me , this o2 day of 19 Zko Notary Public . JEAN FORD Notary Public, State of New Yc4o No. 4654410 Qualified in Tompkins Count, . Commission expires May 31, 19, 1/