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HomeMy WebLinkAboutTB Minutes 1990-10-01 TOWN OF ITHACA REGULAR TOWN BOARD MEETING October 1 , 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 1st day of October , 1990 , there were : P ' : Shirley Raffensperger , Supervisor John Whitcomb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Karl Niklas , Councilman ABSENT * Catherine Valentino , Councilwoman ALSO PRESENT : John Barney , Town Attorney Scott McConnell , Highway Superintendent Daniel Walker , Town Engineer Andrew Frost , Building Inspector/ Zoning Officer Susan Beeners , Town Planner Linda Nobles , Assistant Budget Officer Ellen Wheeler , 102 Woolf Lane Bruno Schickel , 210 Schutt Road , Dryden Dave Auble , 8785 Rt . 89 , Trumansburg Representatives of the Media : Lila Eidi , MRO Greg Williams , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger stated that she had received complaints of large , noisey and roudy get togethers . She stated that she had talked to the Sheriff ' s Department several times and contacted the State Police and Ithaca College . The problem seems to be an area one , a wide one , occurring both in the City and the Town . All of the agencies and groups involved seem to be cooperating in an effort to address the problem and it seems to have improved somewhat in the past week . The Supervisor went on to say that she had received another communication from Tcm7pkins County Solid Waste Division . Barbara Eckstrom informed her that the Town cannot expect Townwide curbside recyling until March of 1991 . Additionally the City drop off center will not be available after the first of the year and they are again looking for a site in the Town . She went on to say that the Board may remember that they gave the go ahead for the Highway Barn site earlier this year and then the request was withdrawn . She stated that with the Board ' s consent we will proceed to look at �e Town Board Minutes 2 October 1 , 1990 a site in the Town after Solid Waste decides where they really want to put its Supervisor Raffensperger noted that the Town had received a petition from the residents on Burleigh Drive for a lighting district . The Town Engineering Department is looking at the area and will came up with an estimate of the cost which will then be discussed with the petitioners for their decision as to whether or not they wish to proceed with the lighting district . Supervisor Raffensperger stated that the tentative budget consumed a great deal of staffs and her time this month . That budget was made available to the Town Board on Friday and now becomes , as the Board reviews , the Town Board ' s budget . Changes may be made up until about October 26 . We will need a seconded Board meeting this month to award the South Hill Water Tank bids and if there are extensive requests for revisions to the budget they could be addressed at that meeting . Councilman Niklas asked if any tickets of appearance have been issued on the basis of the Town of Ithaca Noise Ordinance ? Supervisor Raffensperger replied , not to her knowledge . They towed cars instead . This has occurred mostly on Pennsylvania Avenue and this is where she has been getting the complaints from . She noted that she had received a call quite late on Saturday evening , two weeks ago and she had called the Sheriff . They sent two cars up , they had to wait until they had two cars because there were so many people there . She thought adequately characterized as between 100 and 150 people , so of course they were unwilling to send one car so they waited until they could send two cars . Then they tagged and towed cars from the area . The Supervisor stated that she had called the Sheriff Department several times to discuss with them our agreement of this past spring that what we wanted was appearance tickets issued and they had assured her that if it seemed necessary they will do that . She stated that she had talked to Ithaca College and she knew they had sent a letter out to students soliciting their cooperation and explaining to them the considerable consequences of this kind of behavior . She felt the City had really been cracking down also , in the same general area . Counciluxuon Leary asked , what were the considerable consequences ? Supervisor Raffensperger replied , that they will at least be given an appearance ticket and have to go to Town Court . She stated that she thought the towing was extremely inconvenient , probably more so than an appearance ticket . That didn ' t seem to have shut it down for the next weekend but the Sheriff ' s Department has been patrolling there earlier in the evening just to make their presence known and she felt this has cut down on the formation of these parties . Councilvrinan Leary asked if the Highway Barn was still a possible site for recycling? Supervisor Raffensperger replied , it still is . What happened was that a bunch of us went down there and look around and found a place to put it , Councilman Whitcomb as Chair of Public Works went along and we found a site and discussed how we could do it . When the meeting was all over they said they thought that may be they might rather have it at Biggs . When they called this time she had told them that when they decided which place they wanted to have it , the Town would be delighted to work with them . If the City site is closed the Town is going to need something in the Town , if curbside recyling is not to be until spring . tee, Town Board Minutes 3 October 1 , 1990 Councilman Whitcomb asked if the City site was not going to be open or were they just closing for the season ? Supervisor Raffensperger replied that they were closing after the first of the year because they need the Pier Road site for other construction projects . Town Engineer ' s Report Town Engineer Dan Walker stated that they were still negotiating for some easements for the West Hill water and sewer improvements and the Health Department approvals which are still pending . Also , they are :sill negotiating with the City on the design of the water meter pit . The Troy Road Water Tank went to bid , the bids were opened Wednesday now we are waiting for the evaluation from Stearns & Wheler and should be able to award the contract in a couple of weeks . The bids all came in in a good range and on target for the budget . He went on to note that the City was putting up a similar tank on Haller Boulevard and so he had had an opportunity to observe first hand some of the construction . We are hopefully in the final_ editing of the drawings for the Inlet Valley water project . The Engineer noted that he had had a meeting with the City Engineering Department and discussed the sewage handling capacity on Floral Avenue . The Town will have to assist the City in upgrading that system , probably in the next five years . There is enough capacity for the present but if there is any expanded uses of the sewers on Floral Avenue then they and the Cherry Street pump station will need to be upgraded . We are doing this in conjunction with developing an agreement for the transportation of our sewage through the City system . He noted that development review had been pretty quiet . The Cornell Master Plan is proceeding slowly and they are proceeding to get department heads going in one direction and he felt that based on that he thought the Town would see some real direction in development on their Master Plan , Ithaca College has two projects which will be presented to the Planning Board on Tuesday for a new science building and a loop road . They are doing some extensive studies of the water and sewer system and they would be working with the College on this . The Engineer noted that there was a sewage blockage on one of the older sewer mains on Danby Road last week and it required four people with chain saws and a loader . The City has been doing the cleaning but they could not find the manholes because the brush was so thick over the right-of-way so he feels it is important to start a maintenance program over the right-of-ways , both water and sewer . Interviews will be scheduled soon for the Engineering Technician position . Highway SIT!erintendent ' s E2 port Highway Superintendent Scott McConnell noted that besides regular maintenance on the highway vehicles , they had also made repairs to the van that the Engineering Department purchased from Bolton Point . lie went on to note that the backhoe had broken and was now having major transmission work done on it at Hansen ' s in Horseheads . He stated that next year they were looking at replacing the backhoe . The big projects for the last month were turn arounds for the snow plows on dead end roads . Shoulder and ditch work was completed in anticipation of winter and two culverts were replaced because they were deteriorated and causing road damage . The Highway Superintendent noted that they had brought in about three hundred tons of icing sand and will be bringing in the icing salt next month . Superintendent McConnell went on to say that soniething that has really brought the departments together , they have been working with the Parks Department and the Town Board Minutes 4 October 1 , 1990 Engineering Department , and that the Parks Department had done a lot of seeding for a water service break and a canplaint on Woolf Lane which is saving money . Before a contractor would have to have been hired . It is also saving the Engineering Department a lot of time running around . Last Friday they worked with the Engineering Department and are continuing to work with them this week to clear the right-of-way on Danby Road , as the Town Engineer spoke about . Mowing has finally slowed down for the Parks Department and they have been able to do same tree and shrub trimming . The trails have been cleared on the low end of Eastern Heights Park and really look nice . The! Parks Department is also doing safety inspections on the older playstructures that have been in place for several years . The Highway Superintendent stated that he had received a camplaint on the chain link fence that is between the Northeast walkway and BOLES . Scmeone claims it ' s a liability problem and may be a safety hazard . lie stated that it was his understanding that it was the Town ' s responsibility and that he was looking into fixing it . He wondered if it could be removed? Supervisor Raffensperger replied that she and Rich Schock had discussed it earlier in the year because it was expensive to replace it or repair it . She thought that Rich had spoken to BOCES who were very loathed to having the Town take it down . She stated that she had suggested that it might be replaced with sane kind of a more attractive wooden divider but at the time BOLES seemed very loathed to having this done . Councilman Niklas asked , what was the purpose of the chain link fence ? Supervisor Raffensperger replied , to keep the children who use the walkway to get the the school , off of the BOLES property . Councilman Niklas wandered if BOLES was going to specify the kind of way in. which the Town was going to deal with this , perhaps they could help defray some of the cost . Highway Superintendent McConnell noted that on Burns Road , right below Hilker ' s , they had cut the shoulder back . He noted that they had received permission fran the Hilker ' s , who own the property , and they were also looking at doing the same thing on the other side as it is a blind curve . Supervisor Raffensperger asked when the stripping was scheduled to begin ? Highway Superintendent McConnell replied that the stripping should be going on right now . The contractors had talked with him and are ready to start . Building Inspector/ Zonin Officer ' s Report Building Inspector/ zoning Officer Andrew Frost stated that eleven building permits were issued in August . Sixteen certificates of occupancy were issued , 18 new camplaints were investigated and 72 field visits were made . Mr . Frost noted that Complaint # 6 was an occupancy complaint and basically we are at a situation now where the landlord is claiming that he has non-conforming rights to maintain his building with occupancy of up to four people . The canplaintant in this particular case believed there were five people in there , as best we could , we were able to trace one of the individuals to having a permanent address downtown . He stated that what he suspected was that a girl friend was going to Ithaca College and living with a boyfriend . If they don ' t formally show �a� Town Board Minutes 5 October 1 , 1990 their address as there , there really isn ' t anything further we can do . Councilman Niklas asked if this was Evan Monkemeyer and the complaintent was Peter Hillman? Mr . Frost replied , yes . Councilman Niklas remarked that this has been a persistent problem on Stone Quarry Road for a long time . Mr . Frost replied , the 389 was also before this Board a year ago last April_ . He went on to note that Complaints 11 - 16 which is also an occupancy situation where we have leases at the Grandview Subdivision where we have Covenants and Restrictions which read a little differently for the single detached units than the condarn nilLns which are two family houses with the property line down the middle . In this case we have six properties where we have complaint. of occupancy . The Covenants and Restrictions specify that there can be no more than two unrelated people in the house . In this case he has leases which clearly show two unrelated individuals by name on the lease . He stated that his suspicion was that there are probably three unrelated people in the house , in violation of the law . None of the properties have names on the mailboxes . Town Attorney Barney felt that if the Board was interested that it should be discussed in Executive Session as it boarders on possible or potential litigation . Councilman Niklas noted that Mr . Hillman had kept a record of the license plates of cars parked over night at this place , on a day by day basis . He asked if this provided any basis of true evidence as to the violation of the occupancy law? Could that be used as evidence ? Town Attorney Barney replied that he would be happy to answer that in Executive Session . Mr . Frost went on to say that they have not gotten a lot of complaints in regard to noise , however , they have received scene . We have informed them of the actions by the police departments . It seems to be more prevalent to the City of Ithaca . Town Planner ' s Report Town Planner Susan Beeners noted that there have been a total of ten Planning Board or Committee meetings since the last Town Board meeting . She noted that Supervisor Raffensperger , Town Engineer Dan Walker and she had attended a meeting at Cornell University on September- 26th on the presentation of the State Dormitory Authority Bond Act: package of at least fifteen projects , including new projects ,, some utilities relocation and some road relocations . She went on to note that the census was mailed out , the Town had the largest actual population growth . There were some undercounts that were sent back for them to check . The Town Planner went on to say that Councilman Whitccmb , Dooley Kiefer , Laura Marks and she went to Cortland on the 25th and met with scae of the DEC Conservation Advisory Council support . They talked about budgeting and met some Of the County EMC members there . DEC did confirm that we had been approved , our budget and work program for CAC for this April until next March had been approved but she had not received anything in writing . The reimbursement looks like around 14 % rather than the 20-25 % we were hoping for . Ms . Beeners stated that she had attended a Route 96B Overlook dedication on the 14th . She stated �o� Town Board. Minutes 6 October 1 , 1990 that the Overlook really grew, nobody really had an official word as to what was happening there . Some of it is on Ithaca College property , some of it is in the State right-of-way . She stated that she had volunteered , on a personal basis , to do the landscape for its Councilman Niklas remarked that there were two serious problems that he saw with it , that involves safety . One is that there is actually no curbing around the parking lot , if it is icy or snowy , there is nothing to prevent someone from going over the edge . He felt there should be a metal curbing or something . The other thing was that work was being done on the culvert between the overlook - and the property of Althea Kelly . As a result , they have removed all the shrubbery and are putting in a metal culvert to replace the creek which was a natural barrier between the people who come there and Mrs . :Kelly ' s front window . After the ice and snow comes no one will be able to tell where the property for the overlook ends and where it :begins . Councilman Niklas remarked that he would like to comment on one other thing and that was parking along Route 96B exactly in front of the South Hill Fire Station . This past weekend , Ithaca College had a freshman orientation and they had big signs , two big signs , all pointing into I . C . , one of them unfortunately seemed to imply that people could use the driveway to the South Hill Fire Station to get to I . C . They didn ' t block the actual entrance or exit but they parked in the mid-span and then walked up the Fire Station driveway to get to I . C . There were no tickets on those cars even though there are signs that say "No Parking Anytime " . He felt this was a very serious problem being this was an active fire station . He felt that I . C . should monitor their own activities to the extent of the effect it has on the highway and a fire station which is there for their good as well as other residents on South Hill , Ms . Beeners went on to say that she and Scott had attended a Finger Lakes Land Trust meeting on the 18th where she gave a brief report on Town Conservation Advisory Council work . We discussed , briefly , what the land trust priorities might be and how it related to the Town . Councilman Klein remarked that he thought he would like the Planning Staff to look at what the School District has done to DeWitt and Northeast . He felt some was in response to our no parking . He assumed the school was exempt from any site plan review and he felt they had exacerbated the situation . They cut , from Winthrop Drive , they have cut like a drop off opposite the houses where we have no parking . It ' s just sort of gravel , crushed stone . . . ., . . Town Engineer Walker remarked , in the right-of-way? Councilman Klein replied , on the school ground but he assumed they had to put in two culverts as there is drainage swail on that side . Then at DeWitt he thought they had done something that seemed very dangerou;n . On the north entrance they have created a series of paired roads at their north drive and built a railroad tie island so that the south entrance of the north drive is buses only and then the north side of the railroad tie island is a two-way auto lane . So supposedly the cars go one way and buses go the other way . He went on to say that the parking situation on Winthrop when DeWitt and Northeast discharges is still a mess because people are still standing in their cars . There was the question about whether "No Parking " signs would work , well they might work for athletic events but they don ' t work for pickups because everybody is sitting in their cars and they are lined right around the bend and you still have the cross walk from Northeast to DeWitt . He felt the Town Board Minutes 7 October 1 , 1990 School District did not help matters at all and he felt the Planning staff and the Engineering staff should take a look at this , particularly at discharge time . Town Attorney John Barney reported that the South Hill Trail lawsuit was finally , after a lot of backing and filling perfected in the Appellate Division , has now been scheduled to be argued in November . He thought it had been put on an expedited calendar so the Town :should have a decision in December or perhaps as early as November . The other lawsuit involving Cayuga Cliffs has been settled b_y withdrawal of his complaint and the stipulation that he doesn ' t have to go through the sketch plan process if he doesn ' t want to . REPORT OF COMMITTEES Comprehensive Planning Committee Councilman Klein stated that there was a meeting of the Committee last Tuesday . We had , at a prior Committee meeting , talked about going to a retreat for a day to try to do an intensive session on establishing some goals . The sense of the Committee was that we are going to try to put that off and may not need that particular retreat . The focus of our last Committee meeting was really getting the survey report from our Survey Subcommittee . Councilman Niklas and the Planning staff did some extensive work in analysis and preparation of that report and the final draft is being prepared by the Town Planning staff . We are tentatively going to have a news conference on the 9th of October to release the information to the media and establish the 17th of October as a public meeting date to let the people know what the results of the survey was . He thought that Assistant Planner George Frantz was trying to find a place , the Committee felt the NCR cafeteria was probably the best choice . He went on to say that the Goal Subcommittee met last Friday morning and will be meeting again this Friday . We hope that on the 17th we will have scene of the goal statements available for continent . The Consultant has given us the first chapter of the plan for convnent by the Committee members and he expected extensive revisions . They have also asked the Consultant to provide us with somewhat of an update in terms of where we are going . The sense of the Committee is that there is still a good deal of work to be done and we would like to use the Consultant as much as possible . We do have the Staff working a good deal on components of the plan but there seems to be a sense that we :need more help to get it done . We are anxious to get it put together so that we can go out for public input . There has been some discussion of what the content is going to be . We are not going to be able to produce the perfect plan but we want something that is going to be good and send it out for public comment . He went on to say that the Assistant Planner had shared with him, last Friday , a very interesting comprehensive plan document from Lancaster County , basically it was printed like a tabloid , like the Grapevine , and it had nice graphics and photos and you could open it up and you saw lots of parts of it and it was readable . Obviously , it is a larger county and it was a county wide comprehensive plan but in terms of format it was very interesting and was something for us to look at . More readable than a hundred pages of Xerox type copy . Conservation Advisory Council Councilman Whitcomb stated that Laura Mark ' s Parks , Natural Areas and Open Space Committee has forward a draft of the Six Mile Creek Town Board Minutes 8 October 1 , 1990 Protection. package to Ron Brand for his comments . We hope to have those comments back by our meeting this Thursday night , if so we will consider adopting that or endorsing that plan and sending it off to the Planning Board at that time . The Town Planner mentioned that we had met with some officials from the State in Cortland last week where they called a group of CAC ' s and FMC ' s together to discuss nmztual problems and also to talk about the State funding . As the 'Dawn Planner indicated earlier , it has been up in the neighborhood of 20 to 25 % in the past , they indicated that it would drop to 14 or 15 % this year and might drop further in the future . He went cn to say that it makes one wonder whether it is really worthwhile to seek the cost sharing from the State if the number drops below some point . He stated that he was not sure what that number was but if it takes more staff time and energy to satisfy the State requirements than we get back , so it will need to be discussed in-house at some time . CAC is also continuing to work on the Open Space Plan and Open Space Index , this all takes a great deal of time but he thought at some point the number of pieces will fall into place all at once and we will look back with a great sense of .accomplishment . Codes and Ordinance Conmittee Councilman Niklas remarked that the agenda already had three public hearings relating to COC so he thought he would defer . INCREASED HOURS OF EMPLOYMENT FOR ADMINISTRATIVE ASSISTANT TO HIGHWAY SUPERINTENDENT Supervisor Raffensperger stated that she would like to do this item first so that it will preceed the presentation of the Tentative Budget because there is an item in the Tentative Budget which is involved in this . She noted that the Board had received copies of a memo from the Highway Superintendent to her asking for the position of Secretary in the Highway Department be made a full time position . We discussed this before John Ozolins left and we deferred the decision until we had a new Highway Superintendent and he could make the recommendation . In looking at this years Budget we should be able to cover that for the rest of the year and she was suggesting that the position be included as full time for the first three months of 1991 and then reassess if it still remains necessary . She felt it was necessary now with the new Highway Superintendent and it will be helpful to him . She stated that this did not mean the position would not continue , it ' s just that we will review it at that time . Councilwoman Leary asked if this person was already receiving the Health Insurance benefits because they are working 20 hours ? Assistant Budget Officer Linda Nobles replied that she is not receiving benefits because she is covered under her spouses plan . RESOLUTION NO , 242 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the position of Administrative Assistant for the Highway Department be made a full time position for a period of six months , at which time the position will be reassessed . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) , Town Board Minutes 9 October 1 , 1990 PRESENTATION OF 1991 TOWN OF ITHACA TENTATIVE BUDGET Supervisor Raffensperger presented the following budget message : The 1991 budget contains many changes occasioned by New York State Audit and Control ' s audit of the Town ' s 1989 financial report . Because those changes were so substantial and far-reaching , I asked John Barney to check A&C ' s comments . He has affirmed the legal basis of their criticisms . CHANGES : All mortgage tax revenues must be allocated to the Townwide Fund . Heretofore , they were split between Townwide and Parttown . No portion of the sales tax revenues may be used to "offset " taxes of Town residents who live outside of the Village of Cayuga Heights , as was done in 1989 . Real property taxes assessed in the Townwide budget must be assessed equally to all taxpayers in the Town , in 1989 the "offset " resulted in only Village of Cayuga Heights residents paying Townwide taxes . The errors seem to have appeared first in the 1988 Town budget when the Town began taking sales tax revenues directly from Tompkins County . Changes made in the 1988 budget have been reversed , as possible , in the 1991 budget . In order to equalize , again as much as possible , the substantial tax effects of the rulings on residents outside of the Village , sales tax revenues have been used to partially offset fire district costs which are paid by Town residents living outside the Village of Cayuga Heights . Other major items in the budget include : TOWNWIDEa 1 ) Engineering Equipment , primarily a computer . The amount is more than offset by the Inter-fund transfer from Water and Sewer Capital Improvement Projects for personal services . 2 ) Newly instituted charges by the County for election expenses - $ 29 ,. 000 , over 15 % of the total 1991 budget increase for Parttown and Townwide . 3 ) $ 11 ,. 000 for Town Hall painting and repair is a new item . The Town Hall is a valuable asset and I do not believe we should neglect minimal maintenance . 4 ) I am proposing that the 105 % increase the SPCA has requested be adjusted to no more than a 29 % increase . 5 ) The City of Ithaca Youth Bureau contract number is an estimate ; we have not received a firm figure . 6 ) Because discussions between NYS and the IRS are still ongoing , the present level of payments for retirement contributions has been left in the 1991 budget . PARTPOWN 1 ) The South Hill Trail items represent net costs after grant reimbursements . 2 ) The $ 15 , 000 cost for the Mitchell Street , Ellis Hollow Road Walkway will be reduced by $ 13 , 500 in contributions and acamnulated interest . 3 ) CAC figures are net , after estimated DEC reimbursements . �o Town Board Minutes 10 October 1 , 1990 4 ) Planning Study costs total $ 35 , 770 and includes consultant services , planning aides , part-time secretarial help and Master Plan printing . HIGHWAY 1 ) Drainage work for Park Lane Extension and sane repairs of the Forest Home bridges is included . 2 ) Equipment budgeted for includes a pickup truck and backhoe . Additional funds budgeted will be rolled over into the Machinery Reserve Fund at the end of 1991 to be used in 1992 for a. piece of major equipment . FIRE The Fire District budget reflects the contractual costs for 1991 . The tax 1E!vy is reduced by using $ 194 , 002 in sales tax revenues . SEWER 1 ) I am recommending an increase in the sewer rent rate from $ . 85 to $ , 90 per 100 cubic feet in order to recover the Town ' s share of the Wastewater Treatment Plant ' s budget increase ( 3 . 296 ) and the increased 1991 levy occasioned by the shortening by two quarters of the consumption - assessment lag . 2 ) The Sewer Fund includes two new items : $ 50 , 000 for Northeast Sewer Rehab and $ 50 , 000 for "City payment , Joint Sewers " . The second is included as an early warning of what is to cane and is most probably a considerable underestimate . The Town ,, almost 3 years ago , was to have negotiated a contract providing for the payment of a " fair share " of the operations and maintenance costs of City sewers used to transmit Town sewage to the Wastewater Treatment plant . In August , 1990 , the Town Board authorized consultant services to analyze the system and , in 1991 , we can expect at least a tentative system for payment to be established . At present , there is sufficient fund balance to meet the Town ' s responsibility . I believe there may be close-out costs for the local share of the Wastewater Treatment plant grant , although I can find no record of the projected amount or time table for payment . WATER The Water Fund , which has run a deficit for two years , is recovering and by December 31 , 1990 should have a modest fund balance . There are many deferred water maintenance and repair projects to be accanplished in the next several years . The Water budget for 1991 includes funds for tank security improvements , tank and pump station improvements and system telenetery improvements . I have not recamnended the use of any fund balances in the Townwide or Parttown budgets for 1991 . The staff estimates that 1990 revenues in the two funds were overestimated by over $ 280 , 000 , primarily in sales tax revenues . Only by all departments ' Town Board Minutes 11 October 1 , 1990 cooperation has the expense side been reduced . This means , however , that necessary expenditures have been deferred to 1991 . Approximately $ 232 , 600 will remain in both funds at the end of 1990 . Any further reduction in fund balances would add to our cash-flow problems . It has been my goal to more conservatively estimate revenues , more realistically estimate expenses in the 1991 Tentative Budget . The Tentative Budgets for Townwide and Parttown and Highway show an increase of about $ 200 , 000 over 1990 , or 8 % . The increases in these budgets in the past three years have ranged from 7 . 53 % to 27 . 29 % , averaging 15 . 79 % . For residents in the Village of Cayuga Heights , taxes will increase by 12 $ , as compared to 14 . 2 % in 1990 . For a house valued at $ 60 , 000 in 1989 (average reassessment increase to $ 144 , 000 ) , the increase will be about $ 13 . 50 . The Parttown tax rate remains at 0 . Town residents outside the Village of Cayuga Heights must , according to Audit and Control , pay Townwide taxes . For a house assessed at $ 144 , 000 in 1991 , the Townwide -tax will be approximately $ 135 . , an amount offset in part by the application of sales tax revenues to reduce the fire district charges by approximately $58 . Councilman Whitcomb remarked , the last thing that you mentioned where the Townwide taxes would be approximately $ 135 on a typical house and would be off set by $ 58 , so the $ 135 does include the fire tax . Supervisor Raffensperger replied , no it does not . The fire tax for $ 144 , 000 house , and this is difficult because the assessment increases have been uneven in the fire district and in Townwide , so it ' s not completely comparable . The fire tax will increase by about 12 % which is the increase in the contractual amount and so will amount to somewhat over $ 400 , which is what it was , approximately , last year plus 12 % . But , $58 of that will be offset by sales tax revenues . Supervisor Raffensperger asked if there were any questions on page 1 . She went on to say that these were estimated revenues and the Board would note that the primary source are real property taxes which will be assessed across the Town and you will note the mortgage tax revenues are all in this particular part of the budget . There is an inter-fund transfer of $ 49 , 910 from the Water and Sewer Capital Projects which is reflective of the personnel costs which are being allocated from Engineering to the Capital Projects and there is an inter- fund transfer for that item . She remarked that there would be lots of opportunities for the Board to review the budget , however , she did try to make it available as soon as possible . She went on to say that there has been a modest increase in Town Board and Justice and Supervisor ' s salary which is a separate item on the agenda because that has to be advertised later . Councilman Niklas remarked that in view of going through the budget Page by page he wondered if the Board could just sit on it until they had had a chance to digest it further ? Supervisor Raffensperger asked if the Board would like to have another meeting or what ? Councilman Niklas replied that actually this was his first time with a budget like this and he did not know what protocol was but Town Board Minutes 12 October 1 , 1990 he thought. that if the Board had specific cants they could just give them to the Supervisor in writing . Supervisor Raffensperger replied that that would be just fine but she felt that the Board should go through it and review it in a minimal sort of way tonight in case questions do come up . She continued , noting that on page 3 the Board would find the Engineering equipment item which she had referenced in the budget message , that ' s primarily for a computer . The amount is more than offset by the interfund transfer from Water and Sewer Capital Projects for personnel services . The newly instituted charges by the County for election expenses which is under Election Expenses is a new :item . $ 29 , 000 which is over 15 % of our total 1991 budget increase for Parttown and Townwide and was imposed on us by Tompkins County . On the next page , the item that is new and different is an $ 11 , 000 item for Town Hall repainting and repair and as she noted she did think the building is a valuable asset to the Town and some minimal maintenance should be budgeted for each year . Unfortunately we have a lot of pealing paint this year . The Supervisor went on to mention that Shared Services and Unallocated Insurance have been moved from the Parttown budget to the Townwide budget anal this is the reverse of the transfer that was made in 1988 . It. was necessary to do this in order to equalize the tax burden to residences of the Town both outside the Village and in the Village . She stated that she had actually taken Audit & Control ' s comments and did a solid state budget using the same figures for the 1990 budget and allocating the funds as they said we would have to do it and it resulted in extremely uneven , unequal tax burdens to various Town residents . That led to the research to go back and find out how did all this take place in the first place and it was in 1988 when we first took the sales tax revenues . These changes are really the reverse of what happened in 1988 and does equalize the tax burden as much as we could possibly could do . Councilman Niklas questioned , in shared services under equipment , equipment. payments computer , $ 18 , 000 ? Supervisor Raffensperger replied , those are lease payments . Councilman Niklas remarked , we are buying a computer for $ 18 , 100 . Town Engineer Walker replied , that ' s not just a computer . That includes a number of other items such as radios and other equipment we are using . A large chunk of that is for an Engineering computer ,, the leased computer doesn ' t address all the engineering specialized programs that we are using . It ' s primarily for mapping and planning purposes . Supervisor Raffensperger remarked , it ' s kind of an interesting balance because really we cannot justify the transfer for the personal services from capital projects unless they have the equipment to do it so it is kind of a wash , in a sense . Supervisor Raffensperger went on to note a contingent account on page 4 or the budget for $5 , 000 which is about what we average each year . Cn page 5 , she noted that she had sent to the Board a proposal for a sum to be included in the Tentative Budget for the SPCA contract . She stated that she would like to have some sense as to whether or not the Board feels this is reasonable , she stated that she had not called the SPCA but she understood that all of the Towns in Tompkins County are negotiating those sums . She thought there was not a single Town that intended to pay the full amount that was proposed because most of the increases were over 100 % . It is very difficult for a municipality to make that kind of change in one year . She stated that she had talked to several of the Town Supervisors and she felt there was no doubt that they all would _v Town Board. Minutes 13 October 1 , 1990 prefer to negotiate that because it ' s a tremendous increase in one year and difficult to justify because none of us have been able to determine , from the material presented , why the portion of the SPCA budget supported by municipal services has increased by 90 % in one year . She stated that she would call them and discuss the sense of the Board and if it is the sense of the Board that she should negotiate around this figure then she would do that . The Supervisor went on to note Personal Services under the Superintendent of Highways includes the three months which the Board just approved for the secretary for the Highway Department . The Hospital Bus item was decreased , for many years we have been budgeting $ 2 , 500 and have spent well below $ 1 , 500 . On page 6 , the City of Ithaca Youth Bureau number is an estimate as she has not been able to get any kind of firm figures from the Youth Bureau , they usually provide the Town with a list of services which we received in the proceeding year , the percentage that can be allocated to Town residents and the percentage of the budget for the various activities and they don ' t seem to have completed that yet . So , that is an estimate . Supervisor Raffensperger went on to note that on the same page , the Employee Benefits , the State Retirement has been left at the amount for last year because we still don ' t know what is going to happen with the New York State budget and the State Retirement items . The IRS and New York State seem to be in the middle of a dispute about what the propriety of the system that the Legislature came up with , so she felt it was safer to leave the figure in the budget and if some miracle occurs and they don ' t make us pay , fine . The next section is the Parttown Revenues and you will see there are no mortgage taxes in that and there is sales tax in this portion of the budget . The sales tax number because of the difficulty we have had so far this year has been left: at just about the same amount as was projected for this years budget . Last year there was an anticipation that sales tax revenues would increase by 8 $ , this would mean that there would be a 4 % per year over two years . There is no doubt , it is always a guess . PERSONS TO BE HEARD Ellen Wheeler , 102 Woolf Lane stated that she was representing her husband Mark and herself concerning the placement of the sewer main through their backyard . We were contacted by the Town about the placement: of the sewer line in August by Mr . Whitney . Soon after that her husband contacted Mr . Whitney to let him know that yes , they did agree to the placement at that point in their yard and they would like him to make an offer for compensation for the property ., We heard nothing back from Mr . Whitney at all and last week they heard from Mr . Barney . He contacted them and told them he felt they were unreasonable in assuming that compensation would be made . She went on to say that she did not know if the Board was familiar with their property but the main that was laid in 1988 , she believed , came down along one side of their property line . That fall they had their hookup done from their house to that main . We had no indication that there was going to be another main coming through the back part of their yard . We , unlike the other people on this main , are not going to be getting any use out of it . The other people , the other four or five houses , will be connected to this main which will flow through our yard and connect with the main on Woolf Lane . We assumed , according to the statue , that we would be made an offer for our property , the acquisition of our property , and because we haven ' t been made an offer , Mr . Barney suggested that she come to the Board meeting and present their case . Wa. feel that it is going to be an inconvenience , that is the Part of our yard where our children play . We have a three year old and a five year old , we don ' t allow them to play on the East side Town Board: Minutes 14 October 1 , 1990 of the yard which abuts Route 96 . It ' s the flattest part of our yard , the dog plays there . We know from experience from having our hookup to the main on Woolf Lane that it is going to take a good two growing seasons for it to get back to normal . We do see that there is potential in the future for disruption of that area again if there are problems at that connection . We know that there are going to be many more than five houses connected to that main , there will be more flow coning down than those five so there is more potential for possible problems . And also , the point that it will , to some extent , limit the use of that property . We simply feel that in fairness to us that we would like the Town to make whatever they feel would be a fair offer . We feel confident that the Town staff is able to know what the property values are there and what the formulas are for compensation . We certainly don ' t feel that an assessor would have to be hired , we would feel comfortable with the amount that the Town would decide on . Also , we feel that it was unfortunate that we did not have the opportunity to connect to this main also . It is our understanding that sane! of the other people who will connect to this are being given a free hookup which she felt they could have probably taken advantage of also . She noted that they had paid $ 1 , 250 for their hookup which they would not have done had they been aware that this other main would have been caning through their property . She went on to say that she was just here to say that they would just like to request a fair offer , whatever the Town feels is fair . Supervisor Raffensperger remarked that she did not know if the Board wished to comment now . Town Attorney Barney stated that he had just one question for Mrs . Wheeler . He then went on to ask if the Wheeler ' s were on a septic system before they hooked to the sewer main in 1988 and where was their septic system located ? Mrs . Wheeler pointed out the location on a map which was about northeast. of the house . Councilman Liguori asked what was the free hookup? Town Attorney Barney replied , it is not quite free . When the Town installs a sewer line and that sewer line disrupts an existing septic field the people have to hook onto it because they are left with no disposal system . So , on that basis on occasion , in three or four particular cases involved with this particular line , the Town has agreed to provide the line from the main to the house , the actual hookup is a cost to the homeowner but the underground line will be installed at the Town ' s expense and that is because we have basically blown their leach field and they have no place to put their sewage . Town Engineer Walker noted that in this area there are several ponds and some large trees and sane wet areas and that is the reason for the jog . As we came to the end of the Wheeler property there is a large wet area and a row of trees and we are trying to avoid as many trees as possible . The houses that are getting the " free " connections , we are basically almost running through their septic tanks . Their systems are being totally disrupted . We are only providing connection to two out of the five or six houses . The average length of connection is 50 to 75 feet and the cost to the Town will be relatively low because the contractor will be doing that as they are building the sewer , the equipment will be there . Councilman Whitcomb asked what was the difference between permanent easement and temporary easement ? Town Board! Minutes 15 October 1 , 1990 Town Attorney Barney replied , the temporary easement is a construction easement because when you go in there you need a place to store roil and that sort of thing . Supervisor Raffensperger remarked that she would explain the Engineering Department ' s statement in this regard as to whether the Town typically pays for easements and the answer is no . She noted that in all the years she had been on the Town Board she recalled the Town paying for one and perhaps tom . Most generally people feel that if it is not to their direct advantage at least it is a health and safety improvement . She stated that she knew the septic field next to the Wheeler ' s was in soave difficulty and so she could understand why the Engineering Department might have represented to the Wheelers that typically the Town is not asked to pay for easements which is basically a public service and she was sure that was the reason the statement was made . Mrs . Wheeler replied that in their regard , their understanding was that we :shouldn ' t have to ask or be put in a position to ask but that in the statute the Town is required to make an offer , whatever that offer might be . Town Attorney Barney replied no , only if we start condemnation Proceedings . The request is generally given with an easement being presented, and saying would you mind giving us this easement and in 95 % of the cases people say sure , sign the easement and give them to the Town . There are offers made when the work disrupts the septic systems as we just explained and that is not a form of compensation . Councilman Niklas asked Mrs . Wheeler if she was principally concern about the disturbance of the soil and plants ? Is that your principal. concern? Mrs . Wheeler replied no , our concern is the inconvenience in terms of play space for our children and on a permanent easement we won ' t be allom.Nd to have any kind of a permanent structure . So it ' s the limited use and the inconvenience of it . Councilman Niklas asked , isn ' t that easement within the side yard of the lot ? Would a permanent structure be permitted without a variance ? Supervisor Raffensperger replied , it ' s along the back lot . Town Engineer Walker remarked , it ' s a corner lot so it ' s hard to tell , is it a back lot . . . . it ' s a side lot actually . Councilman Niklas replied that the argument was that it decreases the value of the property but if in fact you can ' t build there anyway or because the conditions of the lot . . . . . . . Town Engineer Walker added , generally when we design a sewer and do an alignment we try to put the sewer either on the property line or along the property line for that reason because it ' s an area that is not normally able to be used for any building construction . Then we take fiscal features into account , there are a couple of Ponds there and try to avoid that and we try to minimize damage to large trees and things like that . Councilman Niklas asked Mrs . Wheeler if she understood why he was asking his question ? Mrs . Wheeler replied yes , she understood . Again , that is why she felt confident that the Town would be able to decide what their Town Board Minutes 16 October 1 , 1990 price wou:Ld be based on those kinds of issues that the Town might have more information on that she would personally . LOCAL LAW AMENDING TITS ZONING ORDINANCE RELATING TO THE EXTRACTION OR DEPOSI ..0 OF FILL AND RELATED PRODUCTS Proof of posting and publication of a notice of public hearing to consider a local law amending the Zoning Ordinance relating to the extraction or deposit of fill and related products having been presented by the Town Clerk , the Supervisor opened the public hearing . Bruno Schickel stated that this was the first time he had seen the proposal even though he knew it was coming . In the beginning you are talking about no more than 50 cubic yards of fill , how does that relate to the building of a house ? If you are constructing a house and are excavating for a basement obviously there is going to be more than 50 cubic yards of dirt removed . Town Attorney Barney replied , there is an exception on the second page if you are operating in conjunction with a normal building permit then the 50 cubic yards turns into 700 cubic yards . Mr . Schickel asked what was the Town trying to achieve by doing this ? Councilman Niklas replied that he thought the Town felt it was to its advantage to be aware of the removal or deposition of materials as mentioned in the first sentence of the draft law . All we are really trying to do is have the Town Engineer and Planning staff have the opportunity to look at the activities that are going to be planned Tor a site and with an eye towards whether or not those activities would create excessive erosion , for example , or present a problem in the judgement of the professional staff . Mr . Schickel replied that the reason he was a little startled by 50 cubic yards , that ' s not very much dirt at all . It ' s actually five truck loads or less , it ' s a small amount , and he ' s just a little concerned about the impact on somebody who wants to sort of put in a driveway , add another parking spot on some site . They are going to have to get a variance , it sounds like , to do that . Town Attorney Barney replied , it ' s not a variance it ' s a permit . Mr . Schickel replied , the Board of Appeals ? Town Attorney Barney replied , yes but it ' s basically a permit mechanism where they corn in with a plan . All the Town is concerned about is if you exceed a certain limit and 50 cubic yards is felt to be an appropriate limit , that it requires at that juncture review by the Town before it ' s carried out . Mr . Schickel replied that he would prefer to see the Town write some sort of a performance code where the Town Engineer or the Building Inspector can simply say you have met the criteria , here is your permit . Now, your bringing in sort of a subjective opinion about it and he was concerned about , quite honestly , the possibility of abusing the ordinance or putting interpretations on things . What is protecting against run off and stuff mean ? It just seems like it would be better if you could quantify it or something . Supervisor Raffensperger replied , the Town Engineer is the one who will be making these determinations and it will be a technical evaluation of the plan as proposed to the Town . The Town Engineer Town Board Minutes 17 October 1 , 1990 will make the evaluation of what kind of effects that proposal will have and to have a performance standard she felt would be most difficult because of the different nature of the different kinds of sites in the Town of Ithaca . She felt it very difficult to have a check list. and say if you did all of these things . . . . fine . Mr . Schickel replied that he was not so sure it necessarily would have , if you are taking in the question of visual impact and things like this ,, yes he would say it was difficult but he guessed that was his concern , it gets into an area of sort of subjective opinion . It opens up sort of a pandorah ' s box . He went on to question , if somebody is putting in a subdivision these things don ' t hold true or they have already been covered in the site plan process , is that what you are saying ? Town Attorney Barney replied , it is anticipated that they will be covered in the site plan process , yes . Mr . Schickel remarked that his example of somebody wanting to put in a driveway , you said that isn ' t true , you wouldn ' t need this ? Town Attorney Barney replied , if you exceed 50 cubic yards you will probably need to go through the review process unless you are doing it in conjunction with the construction of the home . Mr . Schickel replied that he was talking about a modification of that . He stated that he was just afraid that what you are going to have is a little bit like irregular lots , that you are going to have an awful lot of these coming forward . If you increased that limit he felt it might save everybody a lot of aggravation . Councilman Niklas replied that he thought that it was not likely that many circumstances will come before the ZBA that are not associated with a building permit or one of these exceptions . In other words , most of the major constructions and things of that sort are essentially exempted from this . He did not think there would be that many opportunities but the one or two that do come across the agenda for the ZBA will be important for the Town to know about . He felt anyone who was putting in a driveway or parking that involves this volume of material , it was important for the Town -to know about it . Mr . Schickel replied that 50 cubic yards was not a large volume of material . Councilman Niklas remarked that it was to a lot of people who might have neighboring properties . No one is saying that because you are going to move 50 cubic yards that you are not going to get the permit . This is not making the statement that there is anything in this law that would go against you , it is simply to let the Engineer see what your plans are to deal with that . Mr . Schickel remarked that he had spoken to Harrison Rue about it . . . Councilman Niklas remarked , he ' s on our Committee . In fact the volumes of materials that are in here essentially received his approval . Mr . Schickel replied that he understood that . What he was saying was that basically it ' s an okay thing , he did not have any strong objections to it , but he did think that the 50 cubic yard limit is just not very much dirt . Town Attorney Barney remarked , it can cause drainage problems , it can cause! silting problems , and create a hole with a pond in it . Town Board. Minutes 18 October 1 , 1990 50 cubic yards in that sense can be enough to drown a youngster if you have a wet spot . Mr . Schickel remarked that there could be a different group of people here looking at it from a different viewpoint later on and that was a little bit of his concern . Town Attorney Barney replied that that was what the courts were for , if scmebody makes an arbitrary decision . Town Building Inspector/ Zoning Officer Andrew Frost remarked that it was clear that for a typical builder or developer he doesn ' t even have a permit process to deal with and some of Mr . Schickel fears and concerns would be circumstances which he felt would not happen on a very frequent basis . Mr . Schickel replied that the only comment he really had was that the limits are a little low . Councilman Niklas remarked , as a matter of curiosity what would you like to see the limit and on what basis ? Mr . Schickel replied that he would double it or triple it , he really would . He felt the Board was getting into a situation where the limit would be hit very quickly if somebody wanted to put in a driveway . Somebody wanting to rearrange their site slightly to put in a driveway . Town Attorney Barney asked Mr . Schickel if he would want five truck lots of mud dumped on the lot next door to him without any consideration being given to what ' s going to happen , where it ' s going to go , where the run off is going to go , what the impact would be ? Mr . Schickel replied that most likely the neighborhoods having it dumped on there have similar concerns . Councilman Niklas remarked that he was not following Mr . Schickel ' s response . Mr . Schickel then replied that what the Town Attorney was saying was , would he (Mr . Schickel ) like fill dumped on neighbors lawns and what he was saying was that most people who are going to be effected by this and are undertaking this sort of stuff , they are undertaking it to achieve sort of an end . Town Attorney Barney remarked , that is what brought this about . There have been a couple of areas in the Town where fill has been dumped repeatedly without any plan and it ' s just setting there . Mr . Schickel replied that he understood that . Harrison Rue had pointed out the one down on Route 13 but you are talking about incredible amounts of , yards of , fill down there . He went on to say that what he was saying was that you are hitting the limit very quickly and that was his point . Town Planner Beeners remarked that in regard to Mr . Schickel ' s comments it should be noted that this , as far as the activities which are accepted or exempted from this , while it would exempt things done in accordance with the approved site plan , it would not exempt subdivisions . Until there was a change made to the Planning Board policy regarding conventional subdivisions , there are a number of ways we could handle this during the SEQR process . Or if we really wanted to make sure there was a site plan we might be able to have the Planning Board require a cluster subdivision . Town Board Minutes 19 October 1 , 1990 Councilmen Niklas remarked that the intention of Codes and Ordinance was not to limit , unintentionally , this activity but merely to have the Town made aware of it . And , we anticipate with proper erosion control that the Town Engineer ' s concerns would be allayed and that a positive recndation would be made to the Boards in most cases . Mr . Schickel asked for clarification of what the Town Planner had said . HE! asked , are you saying that subdivisions are exempt from this or they are not ? Town Attorney Barney replied , they are not . Mr . Schickel remarked , if somebody is putting in a subdivision and is going to move dirt around to put in a road or this sort of stuff they have this , they fall under this rule . He felt this was going to be a concern because obviously you are going to . . . . the first time you put the shovel in the ground you are going to hit the fifty cubic foot limit and it seems like a redundancy in . . . . Councilman Niklas replied , that right now the situation is that you can own a tract of land and you can decide to move large volumes of soil around without essentially giving the Town or your neighbors any opportunity to evaluate how safe it is from their point of view to move that soil around and we would like to know about it . Mr . Schickel remarked , wouldn ' t you know about it . . . . . Councilman Niklas replied , only after a situation has arisen . . . . Mr . Schickel , in the measure of a subdivision ? Councilman Niklas replied no , not necessarily . Supervisor Raffensperger remarked that she thought this was probably not too new a standard for a subdivision . She stated that it was her impression that the Planning Board already considers much of this in a subdivision approval process . Really what brought this about is that if there is no permit asked from the Town , somebody can do anything they want to , they can move as much dirt as they like , they can move as much in or as much out without any kind of controls at all . Mr . Schickel remarked that DEC has certain regulations in regards to how much they can move . Supervisor Raffensperger replied that that limit was so high that we were getting some very substantial problems being created . Certainly one that brought it to the Town ' s attention used so much fill that she understood they were having great difficulty in getting a foundation in and she assumed it was very poorly done . We felt it was something that we needed to attend to , that when there was not a building permit or an application for subdivision or site plan that we had absolutely no control . As no one else present wished to speak the Supervisor closed the public hearing . Councilman Liguori remarked that he thought Mr . Schickel had a point in regard to the performance code type of approach . This is pretty much a performance code except where you get to the point where you talk about the Town staff must take into account the distance to a neighbor , he asked what that means ? He asked if the neighbor sees it then it is a problem? Or a significance nuisance , how does imybody evaluate a significance nuisance ? If a truck is filling a neighboring lot , there will be people who will say that Town Board Minutes 20 October 1 , 1990 is a significance nuisance and do not want to see the trucks coming in there . That is the problem he sees with it . It ' s essentially a performance code because it says what you have to do in regard to drainage and in regard to erosion and matters of that sort but then adds these very subjective things that nobody can really deal with because they have no meaning . He stated that if he were a contractor this would be the kind of thing that he would be fearful of rather than the quantity so much , he would be fearful that he would never really know how the Town was going to react to a proposal based upon the neighboring objections to it . Councilman Whitcomb asked what was the anticipated time limit on this , over what period of time , for ever , one year ? Councilman Niklas replied , one year . It says , actually , one year in the beginning of Section 70 . We felt it was appropriate to put a time interval as to how much you could move . Councilwoman Leary remarked that the subjective judgement would be where the ZBA comes in , that ' s the reason you bring it before a Board and not just to the Engineer . Councilman Klein stated that he agreed with Councilman Liguori in terms of the first part , it is really an objective analysis and he thought the second part was too subjective . In the exemption of the subdivision this troubles him . He would rather see this amended to cover the subdivisions before the Board approved it and then have to change it again . He went on to say that as he understood it , if the Planning Board were to approve a subdivision then that approved subdivision winds up having to go to the Board of Zoning Appeals , if it moves a lot of dirt , to comply with this ordinance so we are making it even more complicated . Town Attorney Barney replied that it depends upon . . . . it ' s a little bit of a question . . . . . that was why he thought it was worth considering the issue generally at some level whether it ' s the Town Board level or the Codes and Ordinance Committee or the Planning Board . But sometimes the Planning Board gets into road cuts particularly where there are slopes , etc . , with a fair degree of detail , there are other subdivisions where that ' s not a particularly significant issue and nobody is really thinking in terms of large scale movement of dirt one way or another , this would require obviously a focus when you are talking or making a road that you are going to move more than 50 cubic yards , that somebody is going to have to focus on it . Whether there should be a blanket exemption for subdivisions , he stated that quite frankly he had not thought it through enough to comfortably make a recommendation . There are a number of circumstances , at the Planning Board level , where they don ' t get into it with enough detail . There could be some concerns . Councilman Niklas remarked that he appreciated the concerns but he thought that the subdivision situation may be so complex in itself that it may actually require another law to treat it specifically . Councilman Klein remarked , but it would require another Board . Councilman Niklas replied , it might . Councilman Whitcomb remarked , at a previous meeting we discussed the wisdom of transferring special approvals from the ZBA to the Planning Board . It seemed to him that this would be a case where it would be appropriate , let the Planning Board review rather than the ZBA review to avoid having to go from one Board to another with plans . Town Board Minutes 21 October 1 , 1990 Town Attorney Barney remarked that he thought this was drafted before that determination was made and he thought to that extent that Codes and Ordinance is now dealing with that issue and he thought they were going to look at all the areas where there are special approvals and try to make an appropriate allocation as to which ones are Planning Board or ZBA . Supervisor Raffensperger remarked that we all have had concerns about the fact that we have had absolutely no control whatsoever absent a permit or an application on the extraction or deposit of fill , etc . We could proceed to enact this local law but also to ask Codes and Ordinances to examine further the question of subdivision approval and what would be the most appropriate way to deal with that . Building Inspector/ Zoning Officer Andrew Frost asked if number three on page two , doesn ' t that cover the concern ? It says the removal or deposit of fill in connection with construction in accordance with the site plan approved by the appropriate Town authority , Town Board , Zoning Board , Planning Board , provided that such construction occurs within three years ? Councilman Klein remarked , but they are saying the site plan is not a subdivision . Mr . Frost replied , but that ' s part of it . Town Attorney Barney replied that it would not be encompassed in terms of site plan . Town Supervisor Raffensperger stated that she thought it was a complicated question as to whether or not subdivisions should or should not. be excluded from the process and one that probably was not in Codes and Ordinances , nor did we ask anybody to , up to this point , examine it very closely . Now that we have , perhaps Codes and Ordinances could come back to us with a recommendation . Councilman Niklas remarked that he had a compromise actually , for Councilman Liguori and Councilman Klein ' s comments , and that he could see one word that could be struck from this and that is , if you read the sentence beginning " completed" about a third of the way up from the bottom , " completed adverse drainage , erosion " he suggested striking "visual " . Only because that might be too subjective . Town Attorney Barney remarked that that was not in originally and he was instructed to put it in at Codes and Ordinances direction and if you do take it out you are now making an alteration that require it be republished . Councilman Niklas wished to withdraw his suggestion . Town Attorney Barney asked Councilman Liguori what subjectively was the difference between significant adverse consequences and significance nuisance ? Councilman Liguori replied that a nuisance is something that somebody feels is perpetrated against them . Town Attorney Barney replied , but an adverse consequence isn ' t perpetrated against them? Councilman Liguori replied no , a consequence is somebody making a judgement presumably the Engineer . . . . Town Board Minutes 22 October 1 , 1990 Councilman Niklas replied , but this reads that the Engineer is going to be making this recommendation . Town Attorney Barney went on , and you don ' t see a difference if somebody is stockpiling dirt right on the boundary line as opposed to stockpiling dirt three hundred feet away or in the middle of a 50 acre farm . Councilman Liguori replied , if it doesn ' t interfere with the boundary .Line he did not see a real problem . Town Attorney Barney replied , like a run off? Councilman Liguori replied , run off is covered . Councilman Klein remarked , adverse drainage . Town Attorney Barney remarked but it is also a nuisance . Councilman Liguori replied , as long as your dirt doesn ' t go on the neighboring property . . . . Town Attorney Barney replied , how about the effort of moving the dirt there , with the trucks ? Councilman Liguori remarked that he was not sure he understood . Town Attorney Barney replied , smoke , odor , noise . Councilman Liguori remarked , okay , now you are getting to the points he was trying to make . There will be people who say they do not like -the smell of diesel vehicles or bulldozers , they don ' t like the noise of a bulldozer . Councilman Niklas replied that he did not think the Town Engineer or ZBA will make its principal determination based on a comment like that . He thought that in the past they had always made an evaluation of projects or permits on a basis of really very objective criteria and he felt the Board was just providing them with the equivalent criteria that they have used in other circumstances . SEQR Town Planner Beeners stated that she felt this would be worthwhile to approve as even an interm means to monitor fill and with the plan to look at special approvals and where there actually might be a permit process which she felt was actually more what Councilman Liguori and Mr . Schickel were talking about . She went on to say that perhaps it might be appropriate to have levels where the Town Engineer and the Town Planning staff approve a mini site plan and other levels of magnitude at which time the Planning Board may be involved and then another level where perhaps the Zoning Board and the Planning Board would get involved as well . Some of the actions that would require applying for special approval will be subject to SEQR review and also to a County General Municipal Law review and a couple of other things which will slow down the construction process by a month or so . She felt there would be some who would not meet the Type II SEQR lists and will have to go into the unlisted category and require the short form , at least . RESOLUTION N0 . 243 Motion by Councilman Niklas , seconded by Councilman Liguori , Town Board Minutes 23 October 1 , 1990 RESOLVED , that the Town Board of the Town of Ithaca hereby approve a negative determination of environmental significance . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . LOCAL LAW # 9 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , A LOCAL LAW AMENDING THE ZONING ORDINANCE RELATING TO THE EXTRACTIO14 OR DEPOSIT OF FILL AND RELATED PRODUCTS The Zoning Ordinance of the Town of Ithaca as re-adopted , amended , and revised , effective February 26 , 1968 , and thereafter further amended , be further amended as follows : 1 . Article XIII , Section 70 is hereby amended to read as follows : "SECTION 70 . Extraction or Deposit of Fill and Related Products . In any district no more than 50 cubic yards of fill , sod , loam , sand , gravel , stone or similar materials shall. be deposited or removed or offered for sale in any one year , except in connection with a public work on the property or the removal of silt or other recently accumulated material that blocks a normal flow of a water course , without the special approval of the Board of Appeals . In applying for such approval , the applicant shall submit to the Board a plan of the proposed project , showing property lines , and adjacent public ways , grades and depths of proposed deposit or removal , soil types or fill types to be deposited or removed , erosion control during and after construction , projected duration of project , proposed regarding and replanting of the property upon completion of the operation , and such other items as the Board or Town Engineer may require to adequately review the proposed project . The Board shall not act until the Town Engine=er has reviewed such plan and advised the Board that in the Engineer ' s professional opinion the plan adequately protects the property and surrounding properties from significant adverse consequences of such deposit or removal , including , when completed , adverse drainage , erosion , visual or other adverse impacts . Before issuing a special approval , the Board shall make the same findings as are required for the Engineer ' s opinion . In considering the proposed use the Board shall take into account the distance of the operation from neighboring property and public ways , the possible detriment of such use to the future development of the land in question , and significant nuisance or detriment of the operation to neighboring landowners and to the ccmcmmty as a whole . The Board may impose such conditions upon the applicant as it deems necessary to protect the general welfare of the community , which may include a time limit upon operations , standards for performance , and the requirements that a performance bond be posted to insure compliance with the requirements of this ordinance and with any further reasonable conditions imposed by the Board . In the event that the proposed movement of material involves the deposit or extraction of more than 2 , 500 cubic yards , the matter shall first be referred to the Planning Board for its recommendation before the Board of Appeals makes it ' s final decision . The following are excepted from the requirements set forth above : Town Board Minutes 24 October 1 , 1990 1 . Any normal building operation in connection with a legal building permit , such as excavation , filling , or grading , shall be exempted from the provisions of this Section provided , however , that this exception shall apply only where the total amount of material moved from one place to another place on the construction site is less than 700 cubic yards and where the amount of material removed from the construction site to an off-site location (or brought to the construction site from an off-site location) is less than 500 cubic yards . For the purpose of this section a " construction site " consists of the larger of the following areas . ( a) an area of 30 , 000 square feet in which the proposed construction is to be located ; or (b) the area contained within the footprint of the proposed structure plus an additional 50 feet adjacent to the perimeter of the proposed structure . 2 . Removal or deposit of fill in connection with the construction of a septic field or septic system on an individual lot pursuant to a permit obtained from the Tompkins County Health Department . 3 . Removal or deposit of fill in connection with construction in accordance with a site plan approved by the appropriate Town authority ( e . g . Town Board , Town Planning Board or Zoning Board of Appeals ) provided that such construction occurs within three years of the final approval of such authority . 4 . Removal , movement , or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three year period in conjunction with one or more bona fide agricultural uses . " 2 . This law shall take effect upon its publication as required by law . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Nay Councilwoman Leary Voting Aye Councilman Liguori Voting Nay Councilman Niklas Voting Aye Councilman Whitcomb Voting Aye :)upervisor Raffensperger Voting Aye Local Law No . 9 - 1990 was thereupon declared duly adopted . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE SPRINFU-;ER LAW RELATING TO THE REQUIREMENTS FOR SPRINKLERS IN DAY CARE FACILITIES Proof of posting and publication of a notice of public hearing to consider a local law amending the sprinkler law relating to the requirements for sprinklers in day care facilities having been Town Board Minutes 25 October 1 , 1990 presented by the Town Clerk , the Supervisor opened the public hearing . Mr . Schickel stated that he had not read the proposed local law but wished to questioned Section 12 . Councilman Niklas responded that Section 12 was a new section to be added to replace the former section 12 and renumbered to be section 13 . This simply says that if you have a child day care center in a building that would normally require sprinklers then that whole building would have to have sprinklers . Town Attorney Barney remarked , it does apply across the board . Mr . Schickel remarked , there are other instances that that would apply , what are those , what sort of . . . . . across the board? It definitely sounds like it is a tightening up . . . . . . Supervisor Raffensperger and Councilman Niklas both responded saying it is not , it is just the reverse . Councilman Niklas went on to say it was to provide a catch 22 , the point is you could have a building according to Town Law that requires sprinklers but it might be possible that if part of that building was used for a day care center that the person owning that building could claim that according to the day center exemption they would not have to have sprinklers in the building at all . But because the other part of the building is being used differently and the law requires them to have sprinklers , we are not tightening things up we are essentially keeping it: the way it is . What we are doing , is this law is essentially loosening the requirement to bring the Town law up in parity with the State law which essentially permits smoke detectors to be used in facilities up to but not exceeding 12 for day care . It ' s a safety measure . What is your objective , your objective is to protect the children and a smoke detector is just as adequate in the sense that there is supervision and the children are not sleeping overnight in that facility and it doesn ' t jeopardize their well being . At the same time by permitting smoke detectors to used in lieu of sprinklers your loosening up on the economic constraints on a day care facility by not requiring them to install sprinklers . Town Attorney Barney remarked that he thought that was true as to the day care areas but Mr . Schickel has a point that for example an existing auditorium does not require sprinklers . But if that existing auditorium was part of a hotel , under this change , they would now be required to sprinkler the whole building including the auditorium ,. Whereas that was clear , he was not sure the Town wasn ' t requiring that before , but it is now clear that you are required in any part of a building to have a sprinkler you must have a sprinkler throughout the entire building . Mr . Schickel remarked that that was what it sounded like to him . And that is going to mean that more places are going to be required to have sprinkler , not fewer . Town Attorney Barney replied , in so far as you had a mixed use before that might not have required a sprinkler in part of the building . Building Inspector/ Zoning Officer Andrew Frost stated that basically New York State , the Department of Social Services has provided through provisions of the Building Code to try to increase the number of day care providers where day care is being provided in a home that the provider lives in . The Building Code looks at that as a group family day care and the fire safety requirements are a lot more lenient . Our Zoning Ordinance under the original Sprinkler Ordinance would require a day care operation , from eight Town Board Minutes 26 October 1 , 1990 to twelve children , to install a sprinkler system . This was changed to basically say if you have up to twelve children and you are providing care in a have where you reside you do not have to install sprinklers . Everything else is the way it was . Mr . Schick{el remarked that if he understood the language correctly then if you have a day care center in a mixed used building and the other portion of the building requires sprinklers then you have to put them in the day care center . He asked if that was correct? Town Attoi:ney Barney replied , that is correct . Mr . Schickel continued , saying then that what he was say was that that was not loosening up . It doesn ' t seem like that is making it easier for day care . Town Attorney Barney replied , except that you very rarely have day care operations in areas where you have another use that requires sprinklers . Mr . Schickel remarked that his fear was that you are bringing in mixed use buildings and there may be situations not being brought up here which may effect them adversely . Councilman Niklas replied , right now the law requires them to have sprinklers whether it ' s mixed use or not . Town Attorney Barney remarked that Mr . Schickel is directing it to the more general question of mixed use , leaving child care out of it . Mr . Frost replied that State Code in mixed occupancy is still rather lenient and the only mixed occupancy you can have with day care is a residential occupancy . Once you go to something mixed beyond that , a retail store , doctors office , etc . , all of a sudden YOU have EL whole bunch of fire codes that come in to play . The mixed use buildings , as defined here , really hasn ' t changed anything and really the State Code becomes more strict when you have mixed use . As no one else present wished to speak , the Supervisor closed the public hearing . SEQR RESOLUTION N0 . 244 Motion by Councilman Klein , seconded by Councilman Liguori , RESOLVED , i:hat the Town Board of the Town of Ithaca hereby declare a negative determination of environmental significance . (Raffensperger , Whitcanb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . LOCAL LAW #; 10 - 1990 Motion by Councilman Niklas ; seconded by Councilman Whitcanb , A LOCAL LATOT AMENDING THE SPRIlVKKLR LAW RELATING TO THE REQUIREMENTS FOR SPRINfgBRS IN DAY CARE FACILITIES Town Board Minutes 27 October 1 , 1990 Section 1 . This local law shall apply to all parts of the Town of Ithaca outside the Village of Cayuga Heights , Section 2 . Local Law No . 7 of the Town of Ithaca for the year 1988 entitled "A LOCAL LAW REQUIRING SPRINKLER SYSTEMS TO BE INSTALLED IN BUILDINGS IN THE TOWN OF ITHACA" as amended by Local Law No . 10 for the year 1988 is amended as follows : 1 . Section 2 entitled "Definition " is amended by relabeling the title to the subdivision to read "Definitions " and by adding a second definition reading as follows : " ' Smoke Detector ' shall mean a smoke detector approved by the Town of Ithaca Building Inspector . Such approval shall be givers by such officer if the smoke detector , as installed , whether battery powered or hard-wired , meets the requirements of the New York State Uniform Fire Prevention and Building Code , the National Fire Protection Association , or other nationally recognized approval organizations as determined by the Town Building Inspector . " 29 Section 3 , Subdivision 40 , is amended to read as follows : " 40 . Any building in which child care is provided for hire for more than three children unless smoke detectors are provided in all rooms of the facility ( except kitchens , bathrooms , and enclosed closets of 50 square feet or less in area ) in which event no sprinkler system shall be required unless child care is provided for hire for more than twelve children . The exceptions permitted by this subdivision shall not alter the requirements for sprinkler systems in day-care centers . " 30 Section 4 , Subdivision ( 4 ) is deleted . 40 Section 4 , Subdivision ( 11 ) is amended to read as follows : Any building in which child care is provided for hire for more than three children , except that if smoke detectors are provided in every roan in the building except kitchens , bathrooms , and enclosed closets with 50 square feet of area or less , sprinkler systems shall not be required unless child care is provided for hire for more than twelve children . " 5 . A new Section 12 is added , and former Section 12 renumbered to be Section 13 , the new Section 12 reading as follows : " Section 12 . Mixed use buildings . If there is more than one use in a building , and one of the uses in the building requires sprinklers , the entire building shall have sprinklers installed . " Town Board Minutes 28 October 1 , 1990 Section .3 . If any section of this local law shall be held unconstitutional , invalid , or ineffective , in whole or in part , such determination shall not be deeded to affect , impair or invalidate the remainder thereof . Section 4 . This local law shall take effect immediately . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwcman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilman Whitccmb Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 10 - 1990 was thereupon declared duly adopted . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE ADDITIONAL YARD REQUIREMENTS ON IRREGULAR LOTS Proof of posting and publication of a notice of public hearing to consider amending the Zoning ordinance to eliminate additional yard requirements on irregular lots having been presented by the Town Clerk , the Supervisor opened the public hearing . Mr . Schickel stated that he felt this was great . He noted that he had been to a ZBA hearing and he knew this had come up a number of times and he was in full support of trying to streamline the ordinance to make it easier to fit houses on lots . As no one else wished to speak , the Supervisor closed the public hearing . RESOLUTION N0 . 245 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby declare a negative determination of environmental significance . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . LOCAL LAW # 11 - 1990 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE ADDITIONAL YARD REQUIIUMUS ON IRREGULAR LOTS Section L. The Zoning Ordinance of the Town of Ithaca as re-adopted amended and revised , effective February 26 , 1968 , and subsequently amended , be further amended as follows : i . Article III , Section 7 , is amended by deleting the paragraph beginning "Notwithstanding the foregoing , . . . " and Town Board Minutes 29 October 1 , 1990 ending " shall be increased on each side by ten feet . " 29 Article IV , Section 14 , is amended by deleting the paragraph beginning "Notwithstanding the foregoing , . . . " and ending " shall be increased on each side by ten feet . " 39 Article V . Section 21 , is amended by deleting the paragraph beginning "Notwithstanding the forgoing , . . . " and ending " . . . shall be increased on each side by ten feet . " Section 2 . In the event any portion of this law is declared invalid by a court of competent jurisdiction , the validity of the remaining portions shall not be affected by such declaration of invalidity . Section 30 This local law shall take effect ten days after its publication pursuant to applicable provisions of law . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 11 - 1990 was thereupon declared duly adopted . EXECUTIVE SESSION RESOLUTION N0 . 246 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 matter of potential litigation . ( Raffensperger , Whitcanb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . OPEN SESSION RESOLUTION N0 . 247 Motion by Supervisor Raffensperger ; 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 and Niklas voting Aye . Nays - none ) TOWN OF ITIACA 1991 TENTATIVE BUDGET Town Board Minutes 30 October 1 , 1990 Councilman Whitcomb asked Supervisor Raffensperger to repeat the explanation on the sales tax in the Part-town portion of the budget . Supervisor Raffensperger stated that sales tax is being applied to Part-town . Councilman Whitcomb replied , one hundred percent . Supervisor Raffensperger replied that is right , one way or another . It is either in the Part-town fund or it is credited against the fire charges which is a Part-town function so all the sales tax is in Part-town , one way or another . The Supervisor noted that there was no mortgage tax in Part-town , it is all in Town-wide , as is required . In the Part-Town appropriations she noted that on page 8 the Board would see that some of the bus operations have been switched from Part-town to Town-wide , again to equalize the tax burden . She noted that on page 9 there was a $ 15 , 000 cost for Mitchell Street/Ellis Hollow Road walkway will be reduced by about $ 13 , 500 in so called contributions and accumulated interest in the account . Cornell put $ 10 , 000 in that , Ide ' s Bowling Lanes $ 2 , 000 and the remainder is accumulated interest . The CAC figures are net after estimated DEC reimbursement . The South Hill Trail acquisition and construction are net after the grant reimbursement . Councilman Klein asked if when one years budget is not depleated is it carried forward and spent or does it end up as fund balance . Supervisor Raffensperger replied , it goes into the fund balance and is then reappropriated into an account . If at the end of this year there was $ 10 , 000 left in an account , if you wanted to use that $ 10 , 000 you would have to put it in the new budget as a $ 10 , 000 item for that function . Councilman Whitcomb remarked , the CAC budget doesn ' t really mean that the CAC is costing the Town $ 7 , 955 because a lot of that money would have been spent whether or not there was a CAC and has been allocated as a reasonable expense that the CAC might incur . Supervisor Raffensperger replied that Councilman Whitcomb was right . There are functions that the Town would have performed any how because they wished to , which the CAC is now doing and is allocated -to their lines because it makes it possible to apply for reimbursement . CAC figures are not after DEC reimbursement . She went on to note the Highway Fund , noting they did not get the large increases as they have in years past . On page 12 there are some permanent improvement items , $ 20 , 000 for Park Lane Extension for drainage work which the Town is obligated to do and $ 20 , 000 for repairs to the Forest Home bridges . Under Machinery Equipment , the budget includes a pick-up truck and a backhoe . The additional funds which are budgeted will be rolled over into the Machinery Reserve Fund , this is one of those exceptions , at the end 1991 to be used in 1992 in addition to 1992 money for a piece of major equipment . The Supervisor mentioned the Water Fund which has run a deficit for two years is now recovering and should have a modest fund balance at the end of the year . There are many deferred maintenance projects to be accomplished in the next several years . The Water i Budget for 1991 includes funds for tank security improvements and tank and pLup station improvements . In the Sewer Budget she stated that she was recommending and would ask for a public hearing to be set for an increase in the sewer rent rate from $ . 85 to $ . 90 per 100 cubic feet in order for the Town to recover the Town ' s share of the Wastewater Treatment Plant ' s budget increase and the increased 1991 levy occasioned by the shortening of two quarters of the Town Board Minutes 31 October 1 , 1990 consumption assessment line . The Sewer Fund includes two new items , $ 50 , 000 for the Northeast Sewer rehab and $ 50 , 000 for City payment joint sewers . The City payment joint sewers is something that has been a hold over from the past . The Town should have , in the past , negotiated this contract for the payment of their fair share of -the operating and maintenance costs of City sewers used to transmit 'Town sewage to the Wastewater Treatment Plant . She noted that in August the Town Board had authorized a consultant ' s analysis of this and there was no doubt , she felt , that the Town would be paying some money next year and probably a great deal more than she had in the budget but there is sufficient fund balance to enable the Town to meet its obligation . Also , she felt there would be close out costs for the Wastewater Treatment Plant grant but she had not been able to find a paper trail on that . Supervisor Raffensperger went on to note that the Fire Budget basically reflects the contractual costs for 1991 and the tax levy for the Fire budget was reduced by using $ 194 , 000 of sales tax revenue . On page 22 the estimated year end fund balances are listed . She asked the Board members to look over the proposed budget and budget message before the public hearing in November . PRESENTATION OF THE 1991 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION TENTATIVE BUDGET Supervisor Raffensperger stated that she would be glad to answer any questions and that Noel Desch who was a commissioner and representing the Town of Ithaca has offered to come to the budget hearing in November to answer any specific concerns the Board might have about the Bolton Point budget . She noted that the Ccnanission did have a substantial fund balance which it was felt was needed because of unexpected and costly repair items . 1991 ELECTED OFFICIALS SALARIES Supervisor Raffensperger noted that it was necessary to approve the 1991 elected officials salaries as they have to be advertised . It was proposed that Town Board members salary increase from $ 4 , 700 to $ 5 , 000 , Town Justices fran $ 9 , 000 to $ 9 , 500 and the Town Supervisor from $ 18 , 000 to $ 19 , 000 . These are consistent with those in the past and within the 5 % guidelines . RESOLUTION N0 . 248 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , ..hat the Town Board of the Town of Ithaca hereby approve the 1991 elected officials salaries of $ 5 , 000 for Town Board members , $ 9 , 500 for Town Justices and $ 19 , 000 for Town Supervisor . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER 1991 TOWN OF ITHACA PRELIMINARY BUDGET RESOLUTION NO . 249 Motion by Supervisor Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on November 8 , 1990 , to consider approval of the 1991 Town of Ithaca Preliminary Budget . Town Board Minutes 32 October 1 , 1990 ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER 1991 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION PRELIMINARY BUDGET RESOLUTION NO . 250 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on November 8 , 1990 , to consider approval of the 1991 Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER FOREST HOME LIGHTING DISTRICT BUDGET RESOLUTION' N0 . 251 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 45 P . M . , on November 8 , 1990 , to consider approval of the Forest Home Lighting District budget for 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER GLENSIDE LIGHTING DISTRICT BUDGET RESOLUTION N0 . 252 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 46 P . M . , on November 8 , 1990 , to consider approval of the Glenside Lighting District budget for 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER RENWICK HEIGHTS LIGHTING DISTRICT BUDGET RESOLUTION N0 . 253 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 47 P . M . , on November 8 , 1990 , to consider approval of the Renwick Heights Lighting District budget for 1991 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . Town Board Minutes 33 October 1 , 1990 SET DATE FOR PUBLIC HEARING TO CONSIDER EASTWOOD COMMONS LIGHTING DISTRICT BUDGET RESOLUTION NO . 254 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 48 P . M . , on November 8 , 1990 , to consider approval of the Eastwood Commons Lighting District budget for 1991 . ( Raffensparger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER CLOVER LANE LIGHTING DISTRICT BUDGET RESOLUTION NO . 255 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 49 P . M . , on November 80P 1990 , to consider approval of the Clover Lane Lighting District budget for 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays, - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER WINNERS CIRCLE LIGHTING DISTRICT BUDGET RESOLUTION NO . 256 Motion by Councilman Liguori ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 50 P . M . , on November 8 , 1990 , to consider approval of the Winners Circle Lighting District budget for 1991 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING ON 1991 ASSESSMENT ROLLS FOR SPECIAL BENEFIT DISTRICTS RESOLUTION NO . 257 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 51 P . M . , on November 8 , 1990 to consider approval of the 1991 Assessment Rolls for the water and sewer Benefit Assessment Roll . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . AWARD OF BID FOR TWO USED HIGHWAY VEHICLES ���ts bll�f®illaLL0i9�A ild1�lIYIIgt�IM11NAY�M111�� Town Board Minutes 34 October 1 , 1990 Supervisor Raffensperger noted that two bids were received , one for the 1978 Dodge for $ 25 . 00 and the second one for the 1980 Dodge for $ 50 . 006 She stated that she had discussed this with the Highway Superintendent and she understood that they barely meet the definition . One of them is not inspectable at this point and would require about $500 of repairs to make it inspectable . Town Highway Superintendent Scott McConnell stated that the pickups were eleven and thirteen years old , one will not meet inspection and the other one leaks fluids out of many components . RESOLUTION NO . 258 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby accept the bid of $25 . 00 for the 1978 Dodge Pick-up truck and $50 . 00 for the 1980 Dodge Pick-up . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . SEPTEMBER 'DOWN BOARD MINUTES Councilman Klein stated that he had one correction , that being on page 18 where he stated he rambled a bit and he was not exactly sure what he was saying but the second to the last sentence in that large paragraph where he says . . . . . . . and they really didn ' t have the expertise to deal with it . He felt the " it" , he thought he meant to say the experience with special approvals . RESOLUTION N0 . 259 Motion by Councilman Whitcomb ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the September 10 , 1990 Town Board minutes as amended . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER AN INCREASE IN THE SEWER RENT CHARGE RESOLUTION N0 . 260 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , i:hat the Town Board of the Town of Ithaca will meet and hold a public hearing at 8 : 00 P . M . , on November 8 , 1990 to consider increasing the sewer rent charges from $ . 85 to $ . 90 per 100 cubic feet . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . CONSIDER PI,;ANNING BOARD AND ZONING BOARD OF APPEALS RECOMMEN ATION AND APPROVAL OF SHORT ENVIRONMENTAL ASSESSMENT FORM Supervisor Raffensperger noted that the Tawas Board had a resolution from the Planning Board approving the short environmental assessment form , however , she needed to ask the Building Town Board Minutes 35 October 1 , 1990 Inspector/ Zoning Officer what the ZBA ' s recommendation was on this particular matter . Mr . Frost noted that the ZBA received a response regarding page 2 , C- 1 , the old form had solid waste production and disposal , the new form omitted disposal and Edward Austen thought that ought to be included . Supervisor Raffensperger replied that she thought that that was just one of those things that happen when a form was redone . So , we do have a written recommendation from the Planning Board and no descent other than that minor correction from the Board of Zoning Appeals . Councilman Niklas stated that he had a question about section d , " is there , or is there likely to be , controversy related to potential adverse environmental impacts " . He was not sure if this really elicits very useful information because it is so totally subjective and he wondered if it might say "have you contacted owners of property contiguous with this site , if so , please give their names and addresses " . He felt it would be interesting or important to simply know whether or not the local landowners , the neighboring adjacent landowners , are aware that a project is being initiated or evaluated at the Town level . He knew the Town had a policy of mailing to homeowners or landowners immediately adjacent to an area that is going to be given site plan approval or preliminary sketch plan approval but it would seem to him a little bit more objective to ask a question that can be verified or not . Supervisor Raffensperger replied that this has always been in the Town ' s form and she felt it came straight from the State ' s form . She felt it was an interesting idea but she thought that if Councilman Niklas wished to pursue this draw up scene language and it would , at least , have to go back to the Planning Board and the Zoning Board of Appeals . Councilman Whitcomb remarked that he thought it was a good idea but that he thought it had to be in there pretty much as it was because it is one of the things that would trigger the long form . Councilman Niklas asked who would check that box yes or no ? Town Planner Beeners replied that at the present time it would be the Town who would fill out part 2 . Councilman Niklas remarked that the reason he was bringing this up because it, was once suggested to him , as Chair of Codes and Ordinance , that it be a requirement that an applicant for a building permit or site plan approval or someone going through the preliminary sketch plan approval put a sign on the property that would be visible to the neighbors that some activity was going to be carried out on that property . Councilman Whitcomb stated that he thought they had a resolution on their Thursday ' s agenda to request this . It was suggested that New York State be removed from the title , making the title "Town of Ithaca Environmental Review" . RESOLUTION NO . 261 Motion by Councilman Whitcomb ; seconded by Supervisor Raf fenspergc[ex , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the revised Town of Ithaca short environmental assessment form . Town Board Minutes 36 October 1 , 1990 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye , Nay: - none ) , LOCATION OF PROPOSED ROAD AND OTHER. PUBLIC UTILITIES WITH CLEAR RIGHT FOR SEWER ACROSS POYER PROPERTY , PROPOSED TILITZ SUBDIVISION Town Engineer Dan Walker stated that this was a subdivision that received preliminary approval February 1989 . It was held up because of some controversy over the use of an easement that we had obtained as part of the Poyer Subdivision , Town Attorney Barney noted that the attorney for Poyer was reviewing the easements . The Town Engineer noted that Mr . Poyer had a disagreement with use of the easement for the sewer line but that has been cleared up now . That easement will also be part of a trail system. Supervisor Raffensperger asked if there was any other public open space in this subdivision? Town Planner Beeners replied no , at the time it was approved it was looked at that the improvement of the trail within the walkway area would roughly equate to the 10 % but would be subject to a little more justification . RESOLUTION N0 , 262 Motion by Councilman Niklas ; seconded by Councilwoman Leary , WHEREAS , with respect to the proposed subdivision of Town of Ithaca Tax Parcel No . 23 -1-29 , located at 1445 Trumansburg Road , as proposed by John Tilitz , the Town of Ithaca Planning Board acting as lead agency in the environmental review of this unlisted action , has made a negative determination of environmental significance for this action , and WHEREAS , the Planning Board granted Preliminary Subdivision approval to the subdivision as proposed on February 7 , 1989 , conditioned upon approval of the locations of the proposed road , trailway , and other public facilities , prior to consideration of final subdivision approval , and WHEREAS , the Town Attorney and the Town Engineer have reviewed proposed easements from adjoining lands relating to the sewer extension , and the final approval and filing of these easements are pending , and WHEREAS , the Town Engineer has reviewed the preliminary plans for the road and utilities and has determined that construction of these improvements by the developer is feasible , and WHEREAS , the Town Engineer has recommended acceptance of the locations of the road and public facilities for this proposed subdivision , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the location of the proposed road and public utilities as proposed conditional on the Town receiving title to the required area for sewer easement purposes from Kenneth Poyer . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . Town Board Minutes 37 October 1 , 1990 AUTHORIZ12IG PLANNING , PARKS AND ENGINEERING DEPARTMENTS ATTENDANCE AT VARIOUS CONFERENCES Supervisor Raffensperger noted that there were four proposed conferences to be attended . Councilman Whitccmb remarked that their might be a CAC member or members who might want to attend the Environmental Management Council/Conservation Advisory Council 1990 Conference on the Environment . Supervisor Raffensperger suggested one member of the CAC be authorized. to attend . RESOLUTION NO . 263 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca authorizes the attendance of various Town staff members at the following October 1990 conferences , as follows , with the costs therefore to be charged to the appropriate account for conferences . ( a ) New York State Finger Lakes Regional Park Planning Conference , Watkins Glen , October 3 , 1990 from 9 : 30 A . M . to 5 : 00 P . M . , Richard Schoch , no fee , charge for lunch . (b) Soil :Interpretation Workshop , Montour Falls , October 11 , 1990 , 9 : 30 A . M . to 4 : 00 P . M . , Susan Beeners and Richard Schoch , fee $ 20 . 00 per person , includes lunch . ( c ) New York State Geographic Information Systems Conference , Syracuse , October 15 and 16 , 1990 , Daniel Walker and Susan Beeners , approximately $ 200 total . (d) Environmental Management Council/Conservation Advisory Council 1990 conference on the Environment , Saratoga Springs , October 19 and 20 , 1990 , Susan Beeners and one member of the CAC , approximately $ 150 each . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW # 2 , 1970 (ETHICS ) Councilwcmm Leary noted that as the Committee met the last time to produce the changes that were suggested , she received a memo from Assemblyman Luster ' s office which she has shared with the other Committee members , however , they have not had a chance to meet to respond to it . The memo itself was from the Temporary State Commission on Local Government Ethics and was addressed to municipalities over 50 , 000 , so it technically did not apply to the Town of Ithaca but there were parts of it saying that if you were under 50 , 000 you have to do this . She stated that she had called the Commission to ask them what they meant and why was it not addressed to the Town if there are certain requirements for Towns under 50 , (100 . The person said basically that they were so concerned about those over 50 , 000 that they hadn ' t actually sent it to those under 50 , 000 . Supervisor Raffensperger remarked that the Town had received , today , a notice that we must file some kind of a statement that we have a population under 50 , 000 . Town Board Minutes 38 October 1 , 1990 Councilman Whitcomb replied that is one of the options , you can say you have a population of less than 50 , 000 and you are going to ignore it ., Councilwoman Leary replied but the memo he sent is very long and involved (and one of the reasons she had called him was that it looked li}:e if we did anything like establish financial disclosure or establish , especially , a Ethics Board we would have to let them know about. it and they would have to look at what we did and kind of pass on it . That was why she thought the Town Attorney should talk to this man at the Commission to see how deeply we can get into this , if we do anything at all . She went on to say that the only potential change , she thought , from reading what he wrote was in the financial disclosure form . On our suggested law we don ' t have anything about income . He sent her kind of a model form which has categories of income , they are kind of broad categories but they still. ask you to supply an income within that category . That was the only thing , she thought , that kind of deviates from what they had that they may have to change if they go ahead with it . You still have to pass or make a resolution to continue your old law, at the very least because in 1970 all municipalities regardless of size had to pass an ethics law and that is what we did , that ' s the 1970 law. Supervisor Raffensperger replied that she thought the 50 , 000 and over only had to do with the financial disclosure form not with having an ethics law . Councilwoman Leary replied , they are real concerned about the financial disclosure but when she asked him about that he said that if you opt. to have an Ethics Board you have to do the rest of it too . Supervisor Raffensperger remarked that she thought it needed to be looked at , obviously , and she assumed that the Committee and the Town Attorney can look at this and see where we stand on this . Councilman Whitcomb noted that the first time the Committee had drafted a new law it was mailed to the Planning Board and the Zoning Board of Appeals members and other Town officials for their comments and he was wondering if it turns out that we do continue with this document if it shouldn ' t be mailed out again for additional comment before a public hearing . Supervisor Raffensperger replied that when the Board set the public hearing there would be a month and then it can be sent to them for their comments before the public hearing . Councilman Liguori remarked that he noticed that their was some inconsistency here , at least he read it that way , in regard to the time limitation some places you say twelve months and in other places it ' s two years . Also , he was glad that the Committee had not gotten down to where you only have to worry about contiguous property to Town line but in some places you have still left in five miles . Councilwomen Leary replied , that part was a typo . If you have any comments in the meantime let the Committee know . She went on to say that they had tried to address the major concerns that the people have . Councilman Liguori went on to say that he got the impression that somebody can ' t lobby a Board member? Can ' t influence a Board member to vote ? Councilwoman Leary replied , you just can ' t bribe them . Town Board Minutes 39 October 1 , 1990 Councilman Liguori replied , you can then influence then, lobby is permitted.? Councilwoman Leary replied , sure . Town Attorney Barney remarked that he felt it depended on in what capacity you are lobbying , if you are lobbying as a representative of somebody you probably cannot do but if you are lobbying on your own that is different . TOWN OF ITHACA WARRANTS RESOLUTION N0 . 264 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated October 1 , 1990 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48 , 616 . 06 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . . . $ 59 , 719 . 93 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25 , 701 . 51 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 159 , 437 . 52 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11 , 812 . 00 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 465 . 22 Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 265 Motion by Supervisor Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , that the Bolton Point Warrants dated October 1 , 1990 , in the Operating Account are hereby approved in the amount of $ 39 , 903 . 67 conditional upon the approval of the Southern Cayuga Lake Intermunicipal Water Commission at it ' s audit meeting next week . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Ni klas voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION N0 . 266 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 condemnation proceedings and the institution of a law suit on Taughannock Boulevard property , two lot subdivision and the institution of a law suit . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . OPEN SESSION Town Board Minutes 40 October 1 , 1990 RESOLUTION N0 , 267 Motion by Supervisor Raffensperger , 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 and Niklas voting Aye . Nays - none ) . LEGAL PROCEEDINGS RESOLUTION' NO . 268 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Attorney ' s for the Town to institute legal proceedings , if compliance cannot be obtained voluntarily , against the appropriate parties regarding the two lot subdivision on Taughannock Boulevard . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . Councilman Niklas stated that it had never been spelled out to him and since he was new to the Town Board he wondered exactly to what extent is what ' s being discussed in Executive Session discussed out of Executive Session . He went on to say that it was never clear because there are things that we have talked about in Executive Session that have actually been discussed , without mentioning names and all other stuff , that have actually been discussed at Ccnmittee meetings and sometimes in public . Where are the boundaries about what is discussed and what isn ' t discussed? He stated that he felt he should know so as not to breach those boundaries accidently . Town Attonaey Barney replied , normally scmething that is discussed in Executive Session is intented to be confidential until such time as a reason for the confidence no longer exists . For example , you discuss a eminent domain proceeding , that should be kept confidential among the Board members , once the proceeding is brought and it is now a matter of public record , of course it can be discussed in public , at least those portions of it . Councilman Niklas remarked , so once the Town , for example , would institute legal action and it becomes a matter of record it is not privileged information . Town Attorney Barney replied , the reason for the confidence is not there . He stated that he did not recommend that everybody run around tal. pdng about what was discussed . On the South Hill Trail , we had an application made by the petitioners to have open court testimony as to what happened in Executive Session and the Judge excluded it. on the basis that it was confidential , number one , and number two , the discussion involved attorney/client privileged information and therefore it was not opened . That confidence , the attorney/client confidence can be broken if scnebody discloses what we talked about , then you basically waive the privilege for the Town . So if there is something we talk about in a legal manner it should not be discussed outside because that privilege would no longer be available if court proceedings were to follow . ADJOURN =1 Town Board Minutes 41 October 1 , 1990 The meeting was duly adjourned . Clerk AFFIDAVIT OF' PUBL1CAT1010' THE ITHik.. CA JOURNAL State of New York , Tompkins County , ss . : Gail Sullins being duly sworn , deposes and says , that she/ he resides in Ithaca , county and state aforesaid and that she/ he is Clerk TOWN OF ITHACA of The Ithaca Journal a public newspaper printed and published in NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the , Town Board of the Town of Ithaca aforesaid , and that a notice , of which the annexed is a true Ithaca will meet and conduct a public hearing on October 1 , copy , was published in said paper 1990, at 7 :00 P. M:, at the Town Hall , 126 East Seneca Street, Ithaca, New York, to nn 9 ' o consider a local low amend ing the Zoning Ordinance re ' luting to the extraction or de- posit of fill and related products and will at this time hear all persons_in favor of or opposed to ' the . adoption of said local law. Jean H . Swartwood Town Clerk #$d that the first publication. of said notice was on the � � September 2% 1990 y of , ..� �� 19 C - � fl S Subscribed and sworn to before me , this day of _ 19 1 (� Notary Public . JEAN FORD !Votary Public, State of New York No. 4654410 Qualified in Tompkins County r Commission expires May 31, 190po ! 2 � AFFIDAVIT OF PUBLICA TION THE ITHACA JOURNAL State of New York , Tompkins County , ss . : Gail Sullins being. duly sworn , deposes and says , that she/he resides in Ithaca , county and state aforesaid and that she/ he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid , and that a notice , of which the annexed is a true copy . was published in said paper — TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the � � Town Board of the Town of Ithaca will meet and conduct a public hearing on October 1 , 1990, at 7: 15 P. M. , at the Town Hall, 126 East Seneca Street, Ithaca, New York' to consider a local law amend- ing the Sprinkler Law relating first publication of said notice was on the to the requirements for sp and d that the p � klers in day care facilities and 1way Of �. LJ` will at this time hear all per- C• Y 19 sons in favor of or 'opposed . the adoption of said local law. Jean H . Swartwood C� Town Clerk September 21 , 1990 Subscribed and sworn to before me , this 1 day of , , 19 Notary Public . JEAN FORD Notary Public, State of New York- No. 4654410 Qualified in Tompkins County / ommission expires May 31, 19 .81 L_ AF,F'IDAVIT OFPC/BLICATION HE ITHACA JOURNAL State of New York , Tompkins County , ss . : Gail Sullins being duly sworn , deposes and says , that she/ he resides in Ithaca . county and state aforesaid and that she/ he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid , and that a notice , of which the annexed is a true TOWN OF ITHACA NOTICE OF PUBLIC HEARING. copy , was published in said paper PLEASE TAKE NOTICE, that the: Town Board of - the Town of Ithaca will meet and conduct a public hearing an October l ; I fYt� 1 1 1990, at 7 :30 . P.M. , at - the*. T_ Town Hall, 126 East Seneca. Street, Ithaca, New York, to consider a local law amend- ing the Zoning Ordinance to ' eliminate additional yard re- quirements on irregular lots' and will at this time hear all d that the first publication of said notice was on the persons s favor of p to the adoption of said local law. Ifay of 19 , 0 Jean H. Swartwood Town Clerk September 21 , 1990 Subscribed and sworn to before me , this day of� Nl ,, 19 Notary Public . JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins County / Commission expires May 31, 19q/