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Home My WebLink AboutTB Minutes 1990-11-08 TOWN OF ITHACA REGULAR TOWN BOARD MEETING November 8 , 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 , there were : PRESENT : Shirley Raffensperger , Supervisor John Whitcomb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman ALSO PRESENT : Daniel Walker , Town Engineer John Barney , Town Attorney Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Linda Nobles , Assistant Budget Officer George Frantz , Assistant Town Planner John Anderson , Tompkins County Health Department Margaret Ann Smith , 525 W . Buffalo Street Noel Desch , Bolton Point Thomas DeRoos , 891 Taughannock Boulevard PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger stated that the Town had received their last sales tax payment for this budget year . The total received in 1990 was $ 1 , 292 , 106 which was somewhat more than $ 145 , 000 less than the amount that was budgeted for 1990 . The Supervisor went on to note that the Town of Ithaca had received responses from NYSDOT for several speed limit reduction requests . The request for East Shore Drive was refused as was the request for the Trumansburg Road . The latter letter stated that the present 40 MPH was appropriate . Since there is no 40 MPH zone there , she stated that she wrote to DOT requesting further consideration . They have replied that they will re-review the request . We here in the Town have received no determination on the Hanshaw Road request that we made earlier this year but she understood that Councilman Niklas had some news on that . Councilman Niklas replied that he had spoken to Klaus Beyenbach today , he was the person who got the Hanshaw Road petition started and brought it to us . Councilman Niklas stated that Dr . Beyenbach had given him a copy of the letter , which was dated November 5th to Jean Swartwood from Richard Simberg , P . E . , Regional Director of Transportation , which he then read : Town Board Minutes 2 November 8 , 1990 " In response your request , we have completed a study of the subject road . Our review indicated that the existing highway characteristics do no satisfy the necessary criteria for a lower speed limit . Based on these findings , we have determined that a lower speed limit is not appropriate at this time . Your interest in transportation safety is appreciated . " Councilman Niklas stated that Dr . Beyenbach and his group have approached Mr . McDougal who is in charge of this area and have appealed the decision . Mr . McDougal has gone out there and done a radar study and is reevaluating this decision . Supervisor Raffensperger replied that the question that needs to be looked at is that the Town very often have these turned down and we don ' t always agree with their evaluation . She asked what kind of an appeals process is open to the Town from NYSDOT determinations ? Town Attormey Barney replied that he would guess , and it was only a guess because he had not looked at it , there would be an Article 78 process as to whether they were being arbitrary and capricious . Any governmental agency is at least subject to an Article 78 proceeding and review by the court . Most of the criteria for these they have established and they use state wide , he thought so many houses per linear feet or something of that nature . If you go to court he was not sure if the criteria would be sustained . He stated that he would take a look at the law and give the Board a more complete answer at the next meeting . The Supervisor went on to say that she had attended several meetings this past month that were of interest to the Town Board . One on October 17th was a public presentation by the Comprehensive Planning Committee and the Survey Subcommittee of the Town ' s Residence Survey . The preparation and presentation of the material was really outstanding . On October 29th , Cornell sponsored a day-long workshop on transportation issues , many local officials , Board members and staff attended . The session was conducted by consultants retained by Cornell and they are to present in the near future to, the attendees , a summary of the session and she suspected some recommendations . The two new fire stations in the Town of Ithaca will be dedicated weekend after this one . West Hill on Saturday , November 17th at 10 : 00 A . M . , and on South Hill at 1 : 00 P . M . , on Sunday , November 18th . There will be open house all day after the ceremony . The Supervisor went on to say that two meetings of the Town Board were scheduled for December , the first on December 10th at 5 : 30 , the second , the usual year end meeting , is scheduled for December 31st at 10 : 00 A . M . The Bolton Point Commission is considering a bid to NYSEG as part of a system wide program of demand side management . The Commission will be providing the member municipalities with written material within the next week . Consideration of that proposal may require an extra Town Board meeting in November . The Supervisor stated that she would like to congratulate Karl Niklas wilo was re-elected to the Town Board , Town Engineer ' s Report Town Engineer Daniel Walker stated that they had been a little bit busy in the last couple of weeks and the biggest impact on the Town , from an engineering standpoint , was the rain storm on the 23rd . The Engineer then presented , to the Board , the following report : Town Board. Minutes 3 November 8 , 1990 On October, 23 , 1990 , a major rain storm occurred which caused some localized flooding and damage to Town roads . The rainfall event started at 5 : 00 P . M . on October 22 and a total precipitation of 2 . 70 " was recorded at the Game Farm Road weather station at the end of the rainfall at 11 : 00 P . M . on October 23 . The period of highest rainfall :intensity occurred during the afternoon and evening of October 23 . No official frequency has been assigned to this storm, but I estimate that it was approximately a 5 to 10 year storm . The runoff and stream flow was made worse by the saturated ground condition_; that existed at the beginning of the storm . The high rate of runoff caused a significant amount of damage to several Town roads . A brief summary of the major damage areas follows : 1 . At Park Lane , sediment from the unfinished road ditches plugged the Inlet at Route 79 causing flooding of Route 79 and caused minor damage at the Six Mile Creek Winery . On Park Lane , major damage was done to the existing drainage system . A portion of the 54-inch culvert was displaced . The entire length of the culvert on one side has been washed out and a significant amount of silt and gravel has accumulated at the bottom of the hill . 2 . On Burns Road , a Willow tree fell over the roadway west of the Six Mile Creek bridge . The new ditch line at the curve on the left hand side going uphill has slipped somewhat , and will need to be repaired . 3 . On West King Road on the hill west of the State Park bridge , the ditch is slipping and has some moderate erosion . 4 . On Sand Bank Road , the stream above the hairpin curve caused some flooding and the shoulder over the culvert at the middle of the hairpin has been washed out , pipe support has been hurt somewhat , and cable guide rail has been destroyed at that point . Water did not apparently come from the stream in the gully , apparently it came down along the road from the upper culvert area . 5 . On Sand Bank Road , at the new culvert installation , the water apparently overtopped the inlet of the culvert and ran down the road washing out the shoulder . The headwall was intact , but the road is undercut by about 2 to 3 feet . The road surface and base was damaged in area below the new culvert . The small culvert just below the new culvert was completely plugged , the culvert below that was plugged , and there was stone across the road . 69 On Stone Quarry Road , the shoulder was washed out under the guide rail , at the mid-point of the road where the culvert was blocked by debris , and a significant amount of work needs to be done . A road wash out of the shoulder above the lower curve is undercutting the road pavement about 2 feet and is close to exposing the watermain . It is a very steep bank . A shale bedrock ledge exists approximately 50 feet below the road . The bank has been stabilized in the past by dumping riprap and with a row of gabion . The center portion of the gab ions are undermined and very weak . Placing additional fill on those gabions will result in unacceptable stresses . The repair would be to take the structure down to the bedrock and build on that . Town Board. Minutes 4 November 8 , 1990 7 . On Hackberry Lane , a large amount of bedload plugged the culverts causing washing over the road . The ditch along Coy Glen Road was washed badly downstream and the water main was partially exposed . There was significant cutting of the ditches along the length of Coy Glen Road above Hackberry Lane . The Town Engineer went on to say that the repairs are estimated to cost between $ 10 , 000 and $ 15 , 000 for materials only . The Town Engineer praised the Highway Department staff who have been working very hard to get things cleaned up along with their normal work load . The Town Engineer went on to say that he and the Town Supervisor had attended a meeting with Cornell regarding the Generic Environmental Impact Statement and the Fast Hill Orchards Area project . He felt they were making progress there as Cornell has retained some very high quality consultants and they are working very closely with the Town ' s Engineering and Planning staffs . He went on to say that they were working very closely with Bolton Point on evaluating storage needs within the Town , the adjacent cOenunities and Cornell . Town Hightiay Superintendent ' s Report Town Highteray Superintendent Scott McConnell reported that a lot of man hours were spent in clearing up the right-of-way and the easement for the Danby Road sewer that runs between Danby Road and Morse Chain . Most of the salt and sand that will be needed for November and December is here . The Superintendent noted that the staff had spent the last three weeks cleaning up from the storm . He stated that Sand Bank Road was about 95 % complete , Stone Quarry Road will be done after Thanksgiving and into December . He felt the material for Stone Quarry Road would be between $ 5 , 000 and $ 6 , 000 and at least a week of manpower . The bridge in Forest Hone , they received a lot of complaints about the rattling deck , we know it is in a bad state of repair but the County is planning on replacing it in a couple of years so all they are doing now is stop gap replacement . The walkway still needs to be done which is a major undertaking . The Highway Superintendent noted that the leaf and brush pickup starts on November 12th . He also stated that if it met with Board approval , next year they would like to pick up the brush a week before the leaf pick up . Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that 16 building permits had been issued for the month . 18 certificates of occupancy were issued , 8 new complaints were investigated , and 128 field visits were made . He noted that two violations on Taughannock Boulevard were headed for court action . The Building Inspector stated that he had two complaints in regard to the storm , one was at. an Ithaca College building where there was a leaky roan . He stated that he had determined that there was no structural damage and sane water getting into basements at the Deer Run Subdivision . Councilman. Niklas remarked that Ithaca College ' s culvert on the southwestern corner of the new playing field overflowed very badly and actually eroded part of his property and went into the basement of his neighbor , further north but down hill . He stated that he had written a letter to Ithaca College and that he had met in the field with. Bruce Hatch to talk about things . Town Board. Minutes 5 November 8 , 1990 Assistant Town Planner ' s Report Assistant Town Planner George Frantz stated that essentially the department. was continuing on the two major tasks facing it , one is the comprehensive plan which at this point is really occupying probably in the range of two-thirds of staff time and then development review , which has tapered off considerably from last year . The major task this past month was the release of the survey results to the public . We are continuing to gather data for the mapping information and hopefully that phase will be completed by the middle of the month . We are continuing to work with the Conservation Advisory Council . Last night the latest draft of the Six Mile Creek Heritage to Preserve Report was at least partially review by the CAC . They hope to finish this next week . We are also working with the Environmental Review Committee in development reviews . Mr . Frantz noted staff research into the proposed bridge replacements and improvements to Route 13 south of the City . We reviewed them and made presentations to the Planning Board and the CAC on this matter . There has been no formal comment yet . Councilman. Whitcomb remarked , the DOT had a deadline of late October for comments from municipalities , he asked if they were continuing to accept comments on this and do you have any idea why they are in such a rush? Assistant Planner Frantz replied , that he did not know why it was only given two weeks for comments . Councilman. Whitcomb asked if the Town had written to ask for an extension on the comment period and if so , to when? Supervisor Raffensperger replied , just an extension . The City has also written to ask that comments be received later . She stated that as far as she knew, neither the City nor the Town had received a response to the staff comments which also asked for additional time for Planning Board and CAC comments . Mr . Frantz, remarked that tomorrow he would be calling the DOT representative to get more specific information on what is going to happen to the Swansbrough home . They are quite upset and a bit confused a; s to what DOT ' s intentions are , so he was going to call to find out exactly what the process was and he would ask DOT about the comment extension request . Mr . Frantz then outline the two proposals on a map . Councilman Klein asked what was the Town ' s role in the approval process ? Supervisor Raffensperger replied that as far as she knew , we have none but we do have the right to comment . Only cities and counties have any kind of real veto power . REPORT OF 'TOWN COMMITTEES Conservation Advisory Committee Councilman Whitcomb stated he had had the opportunity to attend a statewide CAC conference in October and met with Chairs of other CAC ' s through out the State and gathered a lot of information and made a lot of contacts there . He stated that he was looking forward to receiving sample open space indexes and other documents from them to give the committee ideas of what other communities have done in this respect . I Town Board. Minutes 6 November 8 , 1990 Codes and Ordinance Committee Councilman: Niklas remarked that they have been active and the Board has two of their proposals on the agenda tonight , so he would defer . Comprehensive Planning Ccmmittee Councilman: Klein stated that the new time line that they have received from the Consultant basically establishes February 26 as the date of the final draft of the Master Comprehensive Planning document . If we meet that deadline the public hearings would start in March . We discussed with the consultant , at our last meeting , that it was much too long , among other problems , the chapters are coming in eighty pages long and at that it will be 800 pages long and nobody will want to read it or be able to find anything in it . The story is that the draft is for the file cabinets and in essence that ' s the historical archival kind of material and that with proper editing the important parts of the plan will written and hopefully in reasonably concise language . We have raised our concerns and hopefully Ron Brand and his staff will edit these things . Councilman Klein noted that it was necessary to change their meeting date at the request of Ron Brand who had a conflict from the 13th to the 15th of this month . He stated that he was asked to have lunch with the Tompkins County Homebuilders Association today . He felt there was a good dialogue and he tried to impress upon them that the Conprehensive Plan document should be a benefit to them because they will know what the score is . There were a few complaints as some of the persons stated they had submitted things to the Planning Department as much as a year ago and tried to get scheduled on the Planning Board agenda . Supervisor Raffensperger suggested that Councilman Klein make a note of that and then the Planning Department can look into it to see how accurate an accusation it is . Councilman Klein replied that it was startling but he did say that yes , you are supposed to have so many things to go before the Board and if your application is incomplete you get kicked out . Councilmen Klein went on to say that there was a vacancy on the Comprehensive Planning Committee because Eugene Ball has been unable to attend the meetings . He stated that he had discussed this earlier with Supervisor Raffensperger and at the time they were looking at October to be the deadline . It didn ' t seem logical to bring somebody aboard but now we will be working on it until March . Councilman Niklas asked if the Board was seeking geographical location and if so does that imply that the candidate would be from West Hill ? Supervisor Raffensperger replied that she did not know what the composition was now but the Board could look at that . Councilman Klein remarked that the Homebuilders Association had expressed an interest in having someone on the Comprehensive Planning Committee to provide input from their perspective . He noted that that was actually asked earlier when the Supervisor was making the appointments but they had missed the deadline . Councilman Niklas noted that John Gutenberger and Karl Wendt had asked to meet with him tomorrow to discuss Cornell ' s traffic plans . They said one of their objectives was to contact people who live in different parts of the Town because he stated that he had asked them if they were talking to him as a member of the Town Board and Town Board Minutes 7 November 8 , 1990 they said no . He stated that he suggested they could reach a larger number of people both on the Town Board and in the Town if they were to address the CPC . Councilman Whitcomb remarked that he had had several meetings with several Cornell individuals as well and had also expressed to them that we had a Transportation Subcommittee that was charged with this type of project . Councilman. Klein remarked that the Transportation Subcommittee had a meeting last week with County Planning . PERSONS TO BE HEARD John Anderson of the Tompkins County Health Department stated that he was here tonight to address the Board on the subject of rabies . He went on to say that the interest in rabies right now is because of the approach from Pennsylvania into New York State and they were just trying to get the word out to exactly what the Tompkins County Health Department responsibilities were with this problem . Nobody seems to be covering very well and our Director wanted us to go out and meet with the Towns . Mr . Anderson went on to say that rabies was mainly a disease in animals and is really quite rare in humans . In this country , if one or two people die of rabies in a year , it is a lot . It is contracted , almost always , by a bite to a person . The activities that the Health Department is involved in to try and control rabies are , first of all , investigating cases of animals biting humans and also pets being bitten by wild animals . We look at all these cases and in 1989 we investigated almost 400 of those incidents . When a pet bites someone we make sure the animal is confined for a time period to :make sure it does not develop rabies in that time period . We also submit any potential rabied animals including pets to the State laboratory for analysis . Last year we did 163 animals for the County with none rabied , this year we have done a total of 180 with four rabied , all bats . It is common to have two or three rabid bats a year . We also organize clinics to have dogs and cats vaccinated for free or a donation . We doubled our number of vaccinations this year . We coordinate rabies post exposure shots for people which is a series of five shots . The cost of the injection is about $500 but we make sure people have them whether or not they can afford them . We also do some work in education , which is what we are doing tonight . He went on to say that there were other organizations that are doing something about rabies . There is a State Memo of Understanding between Ag & Markets , DEC and Health Departments to coordinate their activities . People have the idea that Ag & Markets and DEC will do a lot of work with rabies and that is not really true . Ag & Markets role is mainly livestock and the licensing of dogs . DEC is the agency responsible for wild animals , however , do to their priorities and their personnel , they will not and are not , able to respond to wild animals except in unusual circumstances . If a person is bitten by a wild animal DEC might get involved , but so will the Health Department . The areas that we have identified that municipalities can help us out on are helping us report bites also , dog and cat bites . Councilman Niklas asked if MD ' s were required to report animal bites ? Mr . Anderson replied , the person who is bitten or responding to a bit is required to report the bit under State law . Town Board Minutes 8 November 8 , 1990 Mr . Anderson went on to say that areas that are definitely under Town control are stray animals . The less stray animals , dog and cats , the less people will be bitten by them so we really would like to see a Town be a little bit more aggressive in providing support to the control officers . Additional things that people can do to reduce the human-animal contact is to provide information to not feed the wild life , it ' s not a good idea to feed the racoons , it ' s not -a good idea to leave food for your dog outside if they don ' t eat it right away because that attracts animals . Another area that we do not really do much with is the sick or injured wild life removal . People who call us with animals that appear in their back yards , right now they will have some of them examined because they are interested in seeing when rabies enters the County and how wide spread itobecames . The SPCA will respond to any hurt or sick animal complaint . Another area that people expect us to do something about, that we don ' t do anything about , are dead animals on highways . Most Towns respond to large animals like deer and remove them because of the safety hazard but as rabies become more prevalent and you find more small animals in the road , the Health Department will not pick them up , the SPCA will not pick them up but perhaps asethe animals become more prevalent Towns will have their highway crews pick them up . Mr . Anderson then handed out some information on rabies . He noted that rabies in New York State is currently prevalent in three geographical areas , only in bats . There has been an outbreak of rabies in the northern part of the State in red fox , the other entry point is in two prongs coming from Pennsylvania . The most dense part is in Sullivan County where they have had 23 rabied raccoons this year and in our area , five raccoons in Steuben County , two in Chemung County . We are just on the front now, = next year we expect to see a few rabid animals and we expect to see them around for a long time . Councilwoman Valentino remarked , you are saying basically that there isn 't any group that would be responsible for coming out for a call if you saw a raccoon or skunk acting strange ? Mr . Anderson replied right , basically that is true . If the animal is acting ,strangely , avoid it . If it ' s bothering a person the SPCA may handle it right now or there are people who will take care of it for a fee . Councilwoman Valentino replied , if you see an animal acting in a way that is not characteristic where would be the first place you should try to call ? Mr . Anderson replied , a nuisance control officer . Councilwoman Leary asked , what department is that under? Mr . Anderson replied it is not , they are a group of people who are okayed by DEC to handle nuisance calls . They are private enterprise people who are in it for the business . Councilwoman Leary remarked , it seems that the purpose of the Health Department is to protect the health then it seems this is an area that should be their responsibility and they are just dropping the ball . She stated that she did not think it should be left up to a person to pay a private entrepeneur if there is clearly a sick animal . Mr . Anderson replied that most sick animals don ' t have rabies they are dying from other diseases . Councilwoman Leary asked , what if you find a dead raccoon near your house ? Town Board Minutes 9 November 8 , 1990 a 0 m Mr . Anderson replied that the advice they will be giving people is to bury it or put it in the trash . a Councilwoman Leary asked if the Health Department wasn ' t interested in finding and tracking the movement of rabies ? Mr . Anderson replied that their main purpose in examining animals was to determine if the person in contact with the animal was or was not exposedoto rabies . The reason they have had animals tested was to track the disease . We will definitely examine any animal involved in biting a human or a pet but we are not interested in the other ones .a If there has been no contact there is no chance of spreading the disease . Y Councilwoman Leary replied , there is a chance of spreading the disease . Contact is sort of after it ' s too late but if you see an animal that ' s foaming at the mouth and walking funny and things like that it would seem more prudent to stop it before it bites somebody . Mr . Anderson replied that is right , most people will call their law enforcement officers . We may examine some of those but not all of them . Our people are not animal control people , we do not have the training nor will we ever get the training to destroy animals or capture tYiem . We have the SPCA and we believe the police will receive a lot of calls for that particular art . We will not go out and track down animals , it is not under purview of the Health Department . Supervisor Raffensperger thanked Mr . Anderson for his presentation and the material on rabies . APPOIN` MENr OF PLANNING TECHNICIAN Supervisor Raffensperger stated that because the Town Board had a public hearing at 7 : 00 P . M . , on the Town of Ithaca budget there was a need to address some of the resolutions concerning the Planning Department preceding that hearing . She went on to say that she had just received the signed letter spelling out the terms of employment for Susan Beeners this afternoon . Councilwoman Leary remarked that part of it was a little bit different from what she understood . She asked if the Board could discuss it at this time ? Supervisor Raffensperger replied that she was not aware of it being different but if the Board wished to discuss specifics it would be necessary to go into executive session . Councilman Niklas asked if it was agreeable with Susan Beeners ? Supervisor Raffensperger replied , yes it was . She stated that the letter of understanding has been signed by her for the Town of Ithaca and by Susan Beeners . Councilwoman Leary replied that she thought the wording was a little bit more restrictive than she thought they had wanted it to be . It sounds like it closes off any future options . Supervisor Raffensperger replied that she did not think there was any element of it that was not agreed to by the Town Board and by Susan Beeners , TOWN PLANNI RESIGNATION - CONSULTANT APPOINTMENT Town Board Minutes 10 November 8 , 1990 RESOLUTION N0 . -271 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , WHEREAS , Susan Beeners has resigned her position as Town of Ithaca Planner a. of November 5 , 1990 , and WHEREAS , the Town of Ithaca desires to retain Susan Beeners as a planning consultant to the Town , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the resignation of Susan Beeners as Town Planner and hereby does appoint Susan Beeners as a planning consultant to the Town at an annualized salary of $ 33 , 000 for a period not to •exceed six months , the terms of employment being those outlined in the November 7 , 1990 letter of understanding signed by the -% Supervisor for the Town of Ithaca and by Susan Beeners . (Raffenslperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TOWN PLANNER JOB DESCRIPTION - ADVERTISEMENT FOR RESOLUTION N0 . 272 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , WHEREAS , the Town of Ithaca Town Board wishes to advertise for and fill the position of Town Planner in as expeditious a manner as possible , .and WHEREAS , the Town Board wishes to have the job description for Town Planner revised to reflect the present requirements of the position , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Personnel Committee to revise the job description for. Town Planner and proceed to advertise the vacancy as soon as possible . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . APPOINT ACTING TOWN PLANNER - ADJUST SALARY RESOLUTION N0 . 273 Motion by Councilman Niklas ; seconded by Councilwcman Valentino , WHEREAS , the Town Board of the Town of Ithaca has authorized the prompt advertisement of the vacancy now existing in the Town Planner position , and WHEREAS , until such time as that vacancy can be filled , the Town Board wishes to provide for the administration of the Planning Department , NOW THEREFOR BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints George Frantz as Acting Town Planner , and FURTHER RESOLVED , that George Frantz be granted a temporary salary adjustment equal to one-half the difference between the Assistant Town Planner and Town Planner salaries or an annualized rate of Town Board Minutes 11 November 8 , 1990 $ 29 , 100 /year for the period November 8 , 1990 to December 31 , 1990 , and $ 29 , 923 /year until such time as a Town Planner is appointed in 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . APPOIN'IMEtNIT OF PLANNING TECHNICIAN Supervisor Raffensperger stated that John Czamanske , during the year , has received several increases in salary as his position became more or less full time , less temporary and etc , . It seemed appropriate to the Search Committee that he remain at that salary for the month and one-half remaining in 1990 and then received what would be the normal increase for Town employees for the entire year for 1991 because he has been employed with the Town for almost a full year . The amount that would have been given to him at the end of the probationary period is being given to him at the beginning of the year because of his tenure with the Town . Councilman Liguori remarked , you don ' t mean that two years from now he can ' t get a raise ? Supervisor Raffensperger replied , no . Councilman Liguori suggested the wording be changed to say , " at the time of " . RESOLUTION NO . 274 Motion by councilman Liguori , seconded by Councilman Klein , WHEREAS , the Search Committee reviewed 7 resumes for the position of Planning Technician and 3 candidates were interviewed , and WHEREAS , the Search Committee selected John Czamanske as their candidate of choice and recommend his appointment to the Town Board , NOW THEREFbRE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby does appoint John Czamanske as Planning Technician as of November 9 , 1990 , at a salary of $ 21 , 500 for the remainder of 1990 and at a salary of $ 22 , 750 for 1991 . It is not anticipated that therE! will be a consideration of salary increase at the conclusion of the 6 month probationary period . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . TEMPORARY APPOINTME[N]T OF PLANNING AIDE Supervisor Raffensperger stated that she had not included the name of the person that the Search Committee is recommending because she did not feel free to contact her to make such arrangement until the Town Board had approved the resolution . Councilman Niklas asked if this was going to be a renewable appointment or was it anticipated that after six months this position would no longer be necessary . Supervisor Raffensperger replied that she thought that it was hoped that at the end of this time we will have hired a Town Planner and that the evaluation of the organization of the whole department Town Board Minutes 12 November 8 , 1990 ought to be done with that person on board but that we should have this other person available to us . RESOLUTION NO . 275 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , WHEREAS , there is a vacancy in the position of Town Planner as of November 5 , 1990 , and WHEREAS , the work load of the Planning Department requires full staffing , and WHEREAS , the Search Committee for the Planning Technician position has recommended the consideration of one of the applicants for a temporary Planning Aide position , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the employment of a Planning Aide for the remainder of 1990 and for a six-month period in 1991 at an annualized salary of $ 20 , 000 /year . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE PRELIMINARY BUDGET FOR THE TOWN OF ITHACA FOR THE FISCAL YEAR BEGINNING JANUARY 1 , 1991 Proof of posting and publication of a notice of public hearing to consider the Preliminary Budget for the Town of Ithaca for the fiscal year beginning January 1 , 1991 having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one fron the public wished to speak , the Supervisor closed the public hearing . Supervisor Raffensperger noted some changes to the preliminary budget and. she stated that she would like to . explain them to the Board . On page 6 , under joint youth and old age projects , the City of Ithaca Youth Bureau provided to the Town a more definite number of $ 161 , 555 , also there has been an addition of $ 1 , 000 to the Senior Citizens- Council line and the Board had received material on their request . Then we added an additional line of $ 2 , 445 for community services and this reflects the committee that Councilwoman Valentino is on and Pam Hanna who requested that some money be retained for the Youth Services Committee ' s use for possible matching funds at the end of the program . The end result of that is that the $ 171 , 200 did not change , there was just a re-distribution of those funds within those four items . Supervisor Raffensperger went on to say that the next change was on page 7 , you will see there has been an addition under appropriated fund balance of $ 43 , 000 and an increase in the total budget for Part-town of that $43 , 000 , the explanation will come later . On page 10 you will see one of those items which composes that additional $ 43 , 0001 it is an addition of $ 18 , 000 to the personal services i:n the Planning Department and reflects the actions which we took just previous to this . There is also a change in the line item for interfund transfers - Highway Fund and is an addition of $ 25 , 000 for flood control repairs which reflects the needs for repairs primarily on Stone Quarry Road next year . So the figures for interfund transfers for Highway Fund has increased by $ 25 , 000 1 appropriations for the General Fund have been and the tc to P� increased by $ 43 , 000 reflecting the $ 25 , 000 and $ 18 , 000 increase . She went on to say that on page 11 you will see that the interfund Town Board Minutes 13 November 8 , 1990 transfer from Part-town has been increased by that $ 25 , 000 and the Highway Fund also increase by $ 25 , 000 and on page 12 , under General Repairs you will see that $ 25 , 000 listed as flood damage repairs , under General Repairs . The Supervisor went on to note that on page 22 , the Town of Ithaca estimated year end fund balances , because we have received the last payment of: sales tax revenue and have a much better handle on what our fund balances will be at the end of the year , there have been some revisions in those figures . Each one has increased slightly . The final changes are on page 23 . First of all , we have received from the County Assessment Office some revisions of the assessed value figures for the Town . Under General Fund Town-wide it was decreased by approximately five million dollars which meant that the tax rate for Town-wide , although there were no changes in the budget goes from 93 cents to 94 cents . We lost about five million dollars in the most recent information from the Assessment Department which means that the tax rate for fire went from $ 1 . 753 to $ 1 . 772 . Those , she stated , are all of the changes that she was recommending in this budget . RESOLUTION N0 , 276 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Preliminary Budget for 1990 as the final Budget for the fiscal year beginning January 1 , 1991 . (Copy attached to the minutes ) . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SEPTEMBER :FINANCIAL REPORT RESOLUTION NO . 277 Motion by ,Supervisor Raffensperger , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the September Financial Report , as presented . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . REVIEW OF THIRD QUARTER INVESTMENT REPORT Supervisor Raffensperger stated that this does not require approval but as the Board reviews it and if they have any questions it can be brought up at the next meeting . BUDGET TRANSFERS RESOLUTION N0 . 278 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize -the following budget transfers and interfund transfers . FROM : TO : AMOUNT Highway DB5130 . 460 Vehicle Maint . DB5142 . 452 Salt $ 20 , 604 . 34 DB5130 . 460 Vehicle Maint . DB5140 . 200 B&W - Equip . $ 7 , 200 . 00 P m G) m B � m m m � m r+ 00 m S4 v s4 vvs� v ° zoo c� v 0 a 0 +- z v 4-) rn v � u � +-) Ts al v c ro Qa r., .ri .0 4-) f�- v (Fo •r, +-) v o v �4r EA 114 H W B C9 m Oq H A co W P4 H a 0 a w 0 2 H r+ O G) z i r 19 M kD Ol to r Q) lD r-I r•1 ri ri N N N R1 r-1 r-1 I rl 1 r 1 1 N N N 1 I a N 00 (N lfl 00 (`•) tD .•-1 rl '-1 N N U] W '-I H :J z o • U w ul O 4-) C: H a m a� U Q) iT Ul 'O r%I F.: f. 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U) U) O O � H U) � U z ry z _ M r-A m 04 04 E-4 (4 tf) 04 a H Ea 0. 04 H U) 04 A+ H � U W 04Q -l � a � QO � W � � OW � Q Ory E [ C E-+ E-IW ul Q Town Board Minutes 14 November 8 , 1990 Parttown B56309433 S . H . Tcintran B7140 . 402 Parks Const . $ 6 , 000 . 00 INTERFUND TRANSFERS Transfer $ 5 , 217 . 81 plus accrued interest from Capital Projects-Drainage to Highway - Park Lane Drainage . (Raffensperger , Whitccmb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) DENTAL INSURANCE PLAN FOR TOWN OF ITHACA EMPLOYEES Linda Nobles stated that the material for the pre-tax health insurance had not arrived fram the consulting firm that was putting the package together , so she had added a brief description to the dental insurance resolution . Basically what we are requesting is that the Town Board approve the addition of dental insurance as an employee benefit which the employee will pay the total cost of . We are going to do- that on a pre-tax basis so hopefully that mitigates the expense to the employee . Town Attorney Barney asked if this was being offered as an option or is everyone required to take it ? Linda Nobles replied that it would be optional providing we get a basic 25 people to participate . It ' s not part of the overall health package , it is a separate plan . Councilman Niklas remarked , that means the take home salary will not be reduced provided you get the 25 ? Councilman Klein added , it says without reducing the take home pay , how do you do that? Supervisor Raffensperger replied , if we do set it up , which she believed they could , the program for pre-tax deduction of all of the health insurance premiums for employees , absent any other action , they would have more money to take home because instead of paying for their health insurance after the taxes have been deducted the first thing that would cane out of their salary as a pre-tax item would be their health insurance premiums . Therefore , if you didn ' t do anything else other than that , they would take home an additional amount of money . The dental program will probably even out fairly well so that an employee can buy the dental program and still take home the same amount of money that they are now because we have instituted this pre-tax deduction of insurance premiums . Councilman Niklas replied , provided you get the 25 people . Supervisor Raffensperger replied , the 25 people we must have in order to have the level of cost . Councilman Niklas remarked , in other words if we approve this and you do not. come up with the 25 and even though we have approved this you are not going to . . . . . . . Linda Nobles noted that there was another option . At this point we are hoping that there will be enough Town of Ithaca employees to support this plan on it ' s own but since we do the payroll for the Bolton Plant water employees they also are part of our health insurance plan . If for som reason we do not get enough support Town Board Minutes 15 November 8 , 1990 from just: our employees we have the possibility of asking the Bolton Point employees to help us . Councilman Niklas replied that the reason he was asking this was that he wanted to make sure that if he voted "yes " he would not inadvertently end up reducing employees salaries . Supervisor Raffensperger replied that she could not see this happening „ The worst case would be that the pre-tax deduction of premiums from employees would be the only part the Town could implement immediately and we might have to wait to get the 25 employees for the dental program . RESOLUTION N0 . 279 Motion by Councilman Niklas ; seconded by Councilwrman Valentino , WHEREAS , the Town of Ithaca changed from Empire Plan health insurance to Blue Cross /Blue Shield Regionwide Option II plan health insurance in December , 1988 , and WHEREAS , since that change the addition of dental insurance has been a major employee concern , and WHEREAS , by establishing a Pre-tax Deduction Plan employees may be able to pay the full premium for added dental coverage without reducing their take home pay , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and establishes 1 ) a program for pre-tax deduction of insurance premiums for employees and 2 ) the addition to Town employee benefits of dental insurance at a level supported by the majority of currently eligible Town employees and fully paid for by the employees . ( Raffensperrger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . APPOINTMENT OF ENGINEERING TECHNICIAN RESOLUTION N0 . 280 Motion by Councilman Niklas ; seconded by Supervisor Raffensperger , WHEREAS , the Search Committee received six resumes for the position of Engineering Technician and four candidates were personally interviewed , and wHFREAS , the Search Committee selected Mr . Wayne Sincebaugh as their candidate of choice and recommend his appointment to the Town Board , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby appoint Mr . Wayne Sincebaugh as Engineering Technician beginning employment on November 26 , 1990 , at an annual salary of $ 19 , 500 , with consideration for a salary increase upon successful completion of a 6-month probationary period . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SECRETARIAL SERVICES FOR COMPREHENSIVE PLANNING COMMITTEE RESOLUTION N0 . 281 Town Board Minutes 16 November 8 , 1990 Motion by Supervisor Raffensperger ; seconded by Councilman Klein , WHEREAS , the secretary to the Comprehensive Planning Committee has resigned from that position for reasons of health , and WHEREAS , the minutes of the Comprehensive Planning Committee are an important part of the public record in regards to the Comprehensive Master Plan , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the employment of Betty Poole as secretary to the Comprehensive Planning Committee at the rate of $ 8 . 00 /hour for the time spent in transcribing the minutes . It is estimated that the cost to transcribe the minutes for each meeting will not exceed an average of $ 100 per meeting . ( Raffensparger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . APPROVAL OF OCTOBER 11 1990 TOWN BOARD MINUTES RESOLUTION N0 , 282 Motion by Councilman Klein ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the October 1 , 1990 Town Board Minutes as presented by the Town Clerk . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . APPROVAL OF NOVEMBER 2 , 1990 TOWN BOARD MINUTES RESOLUTION N0 , 283 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the November 2 , 1990 Town Board Minutes as presented by the Town Clerk . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . DELINQUE24T WATER AND SEWER CHARGES TO BE APPLIED TO 1991 TOWN AND COUNTY TIUMS RESOLUTION N0 , 284 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , by the Town Board of the Town of Ithaca that delinquent Town of Ithaca water and sewer bills in the amount of $ 24 , 123 . 75 and delinquent customer repair bills in the amount of $ 220 . 00 be added to the tax roll for 1991 , as a lien against the properties involved , and to become due and collectible as part of the tax bills for the Town of Ithaca which will be mailed to property owners on December 31 , 1990 , and which will be due in January of 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . Town Board. Minutes 17 November 8 , 1990 WATER AND SEWER ACCOUNT REFUNDS c RESOLUTION NO . 285 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , WHEREAS , the tenants at 1014 East Shore Drive , because they were moving , called Bolton Point for the September billing figures , and WHEREAS , the tenants then paid the amount quoted them on the telephone and then also paid the September printed bill , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $20 . 52 for water , $ 3 . 08 for water surcharge , $ 7 . 87 for sewer and $ 1 . 44 sewer surcharge , total refund of $ 32 . 91 be paid to Kathleen Palmer , 202 East Lincoln Street , Ithaca , New York . Account Number T- 1310 . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RATIFY DECISION TO AUTHORIZE TOWN ATTORNEY TO DEFEND TOWN OF ITHACA IN THE VAN BUREN VS TOMPKINS COUNTY AND THE 'TOWN OF ITHACA MATTER Town Atto-ney John Barney stated that this was an action brought by an individual who bought property at a tax sale back in the late 50 ' s and is now trying to sell it . It turns out that the property was assessed to a estate in 1955 , the taxes were not paid on it , there was a tax sale held by the County and the property was bought by Mr . Van Buren at that time . At that time the Town of Ithaca did the assessing for the tax collection . It turns out from research that the Town Clerk did that it had been assessed in the same estate back to 1906 . They cannot find any deeds into this estate so there is a gap in Mr . Van Buren ' s title . He claims that we had misassessed , among other things , and he is also suing the County because the County was the one who actually gave him the deed as a result of` the tax foreclosure sale . The time within which to respond to the action is today and so we went ahead and prepared a response , alleging among other things the statue of limitations , it was 33 years ago that this took place , and a couple of other defenses . Councilmwoi Niklas asked what Mr . Van Buren was suing for ? Town Attorney Barney replied that it was a little unclear from his complaint , possibly monetary damages but he doesn ' t specify them . Possibly some kind of specific performance where we have to go out and find out how that assessment was made or . . . . . . he really doesn ' t state what relief he is seeking . It ' s almost like take care of my problem . He stated that he did not think the Town was the entity that should be taking care of his problem . Councilman Liguori asked what was Mr . Van Buren ' s problem? Town Attorney Barney replied , his title is defective . Councilman Klein asked if this was residential property? Town Attorney Barney replied that he thought it was vacant land . RESOLUTION N0 , 286 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , Town Board Minutes 18 November 8 , 1990 RESOLVED , that the Town Board of the Town of Ithaca hereby the decision to authorize the Town Attorney to defend the Town of Ithaca in the Van Buren vs Tompkins County and the Town of Ithaca matter . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . PUBLIC HEARING TO CONSIDER THE PRELIMINARY BUDGET FOR THE SOUTHERN CAYUGA LASH'; INTERMUNICIPAL WATER COMMISSION FOR THE FISCAL YEAR BEGINNING JANUARY 1 , 1991 Proof of posting and publication of a notice of public hearing to consider the Preliminary Budget for the Southern Cayuga Lake Intermunicipal Water Commission for the fiscal year beginning January 1 , 1991 having been presented by the Town Clerk , the Supervisor opened the public hearing . Administrative Commissioner Noel Desch stated that he would like to call the Board ' s attention to the first page , dispersements summary and one has a significant difference from 1989- 90 to 1991 , are the administration category and obviously the allocation for capital projects of $240 , 000 . He went on to say that on the next page under administration , personal services , you will see a substantial increase from 1990 , this involves two positions that the Commission is creating . One is the Executive Director position and the second is the Billing Assistant position . The Director position comes about as a result of the Personnel Committee feeling that the regional nature of the Commission ' s activities and the number of services that we are being asked to get involved with , things like back flow prevention , emergency planning , preventive maintenance , etc . The rapid pace of some of the environmental issues such as the zebra mussle problem suggest that we need to plan ahead and have , very soon , an individual who can become well versed , well known in the regional health and DEC circles so that we are assured of staying on top of all of the issues that we need to deal with . He went on to say that the next major change was under equipment , you will see a jump from $ 1 , 500 to $ 25 , 500 . That ' s primarily a transfer from other accounts and is for the replacement of two vehicles . In past years those purchases have been in the individual accounts . On page three , under administration contractual expenses , that account has the typical telephone and all the tE?lemetering of the pump stations , etc . , and has a $4 , 000 increase because of the orchard area at Cornell . Item 406 is a new account and that has to do with the various studies we are undertaking , this one is for the zebra mussle and is only a partial cost as we are already into the evaluation study of the intake modifications involved with that . Account 461 has a $ 5 , 000 increase and is in response to the second phase of the Occupational , Health and Safety program we went through this year . On page 14 under equipment , this $ 10 , 000 has to do with the installation of hoist rail at the raw water plant . In fact , when the original facilities were constructed there was about a million dollars of improvements that had to be cut out of the budget . When you have -to lift one of the pumps it is a very risky operation doing it with a backhoe . He went on to note that on page 5 under building and grounds contractual , you will see a drop from the $ 67 , 000 budgeted in 1990 to what is programmed for 1991 . Councilman Niklas asked Mr . Desch to comment on . 210 , the $ 16 , 000 increase . $ 6 , 500 to $ 22 , 500 in equipment . Mr . Desch replied that he would cane back to this after he pulled the information out of his papers . He then went on to say that on page 6 , under . 224 the increase has to do with the new Commission Town Board. Minutes 19 November 8 , 1990 policy of encouragement municipalities to install master meter pits on the main branches off the transmission systems and the Cannission would provide the master meters . We are trying to do that over a five year period . On page 7 , he felt the Board all knew about the State retirement and the reduction comes about because of the state aid change and the Town of Ithaca being reimbursed for part of that . Health insurance , there is about a 12 . 3 % increase in the premiums and in the case of Commission employees the Commission paying 100 % of the premiums . Mr . Desch remarked , Councilman Niklas had a question which he would now explain . Councilman Niklas remarked , it is more than balanced by what happened on page 6 and account 201 , you have a $ 20 , 400 reduction in 201 and if' you add to that the $ 16 , 000 increase on page 5 you are still minus $ 3 , 400 , these numbers are moving around . Mr . Desch replied , the changes in the chart of accounts do have an effect . Councilman Niklas asked if this was one big piece of equipment or a lot of little ones ? Mr . Desch replied that he thought it was one main item and he did not see it on the list , right now but it would come to him . He went on to say that the zebra mussle project is a rather preliminary figure at this point because the evaluation by Lozier ' s has not been completed . Judging from what other municipalities are facing , and judging from the length of the intake , in all probability if it canes down to a recommendation that a chlorine feed line be installed , either inside of or along side of , the intake , that is approximately what it will cost . The big issue that we face is the situation where there is really two components . One component is the intake pipe proper and the other is the intake screens which are approximately six feet in diameter . DEC has no problem in feeding chlorine inside the intake pipe because you are drawing water in and are basically keeping the chlorine inside the pipe . However , that doesn ' t help you keeping the mussles off the screen so building a shroud seems to be the best way to handle them . Councilman Niklas asked if they could be dislodged by a periodical electrical charge ? Mr . Desch replied yes they can . We are considering putting in a research proposal with the American Water Works Association to do an ultrasound study . The electricity that you have to put on the screen is a very heavy charge and that is the problem . It only has to be done during the hatching period . Councilman Klein asked if the mussles were a problem now? Mr . Desch :replied no , we expect that in the spring of next year we will be seeing the first signs , so that the actual mussles we will probably be seeing around the intake will be just before we get these improvements done . Councilman Niklas remarked , physically you can ' t sheer them off? Mr . Desch replied , physically that is what a lot of plants are doing with divers . Councilman Niklas replied that he meant with an automated shaft that rotates and sheers them off . Town Board. Minutes 20 November 8 , 1990 Mr . Desch replied that some plants in Europe , etc . , have something that cuts them off . Councilman Niklas asked if Mr . Desch had found out what the $ 16 , 000 additional, item was yet ? Mr . Desch replied that there was another item he was looking for , and there was a- specific item he was looking for . Supervisor Raffensperger remarked that she wondered if it wasn ' t additional. laboratory equipment ? Mr . Desch replied that some of it was . Councilman: Niklas remarked that he understood that there were other things to be done so he would withdraw his question with the understanding that at some point the Board could receive some clarification . As no one in the public wished to comment on the proposed budget for the Southern Cayuga Lake Intermunicipal Water Commission , the Supervisor closed the public hearing . Mr . Desch remarked that he knew what the item was it is for the replacement of a storage shed that had been built out of plastic so this was a permanent replacement . RESOLUTION N0 . 287 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Southern Cayuga Lake Intermunicipal Water Commission Preliminary Budget for the year 1991 as the final budget for the fiscal year beginning January 1 , 1991 . (Copy attached) . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . Councilman Niklas remarked that he had heard rumors that Bolton Point was increasing their storage capacity and his neighbors wanted to know if this would involve , assuming that it happens , digging up water lines along Route 96B to put in larger or additional pipes ? Mr . Desch replied , no . Very quickly what it involves is an extension of the transmission main from Pearsall Place where it ends now, on up to a new tank somewhere up near the Ithaca College tank and , at the same level , connecting over to the Ithaca College tank . We are looking at a million and a quarter gallon tank . Councilman Niklas remarked , this is presumably for emergency head pressure ? Mr . Desch replied , the problem is that this is one of the things that was in the original project and the Oak Crest pumps are basically pumping against a pretty weak system . you are not getting the efficient energy out of those pumps . We are considering two locations , East Hill and West Hill . Supervisor Raffensperger remarked that this information will be part of the material that she had promised the Board earlier in the meeting when she said it would be caning from the Commission . 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H H H KL i r Z 000000 0 000 0 0 AO 000000 0 000 0 0 NW H 0 0 • • . . 0 . . . tT r-+ U1 U1 000 00 O 000 O O m m0UI 000 ui0 in 000 0 0 W in [1+ H 000 rr0 -r 000 O O Oy ae 0w -r r-+ r+ 000 0 0 P+ O •-1 r+ r+ oo -r w In M r r U W W E-A0 000000 0 0 H H 0 0 0 0 0 0 O 0 HH 0 0 0 0 • • • Fr O O O 0 0 O 0 A 000 +n0 Ul 0 •-+ OZ 000 v +n m o ON U W m m w v in co in .-i H N +n r41 w rn r W 0 VA (7 U AW � a z o O 0 0 0 0 0 0 0 ZH 000000 0 0 klrr 000 00 0 •-Iq 000 +n0 in M 0 0 0 qzr in m m Iy p+ N re) •-1 w r1 w O . r+ A U I.1 a 0 000000 0 0 qm 000000 0 0 Wm E-1 I O 0 O • O O O o 0 0 0 0 0 0 0 , a 0 +n0 vo o+ 0 HH r+ cv N r + co in U1 O IN in .-i n1 r W H '-+ 0 m 000000 0 0 ,n 0 0 0 0 0 0 0 0 com ON m ww oar r fn in ry m r � I E-4 w 00 0 in U o •-i re) in Q m z 0 EH 000000 o H 0 W 0 0 0 0 0 0 O U 0 O Co O 0 0 O 41 O A 000 00 0 H 0 [p 0 o eo v In r` Oa in %0 in •-i r1 O w P+ w m N m .--1 w a r m ri W H N A + z W a H W U 3 W Hu04m m A N 47 H H E+ W i z z Ill 17 7+ +a ] Ul W U) OHHH E-4 U) 1 O u u W H a U + a AH a z U1 H H +-7 p� ItHu�� x M H H r4 Ill .-1 H W H 1�+ .` �" rr ' a � Ill W 0 0 >+ 1-4 z m Ul z 9U WU1 rr Hz 11z Hu RC 1-+ CF) H W E+ 00 H W In [=1 0HHZ H H + A cA ul [n30Ax Am P W � C9 a 0 q W wwmwmw W W a z rr u w I1 0 z E-+ H U Ul o >+ Oo00 +no �+ 21icnH o O o O .-i m �r +nmw + 7O E+ C7 z z a0 0 7 000000 rt + 7 HZ00 rr m m P+ mmmmmm HP+ P4 u U H • + W4 3 333333 0 z rr 0 3 H Ul rl Town Board Minutes 21 November 8 , 1990 FOREST HOME LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1991 assessment rolls and apportionments for the Forest Home Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION NO . 288 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the asses:m-ent rolls and apportionments for the Forest Home Lighting District for the year 1991 , and the budgets related hereto . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye , Nays , GLENSIDE LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1991 assessment rolls and apportionments for the Glenside Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION N0 . 289 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Glenside Lighting District for the year 1991 , and the budgets related hereto . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RENWICK HEIGHTS LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1991 assessment rolls and apportionments for the Renwick Heights Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION NO . 290 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Renwick Heights Lighting District for the year 1991 , and the budgets related hereto . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . Town Board Minutes 22 November 8 , 1990 EASTWOOD 031YHONS LIGHTING DISTRICT 1 Proof of posting and publication of notice of a public hearing to consider the 1991 assessment rolls and apportionments for the Eastwood Commons Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION NO . 291 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Eastwood Commons Lighting District for the year 1991 , and the budgets related hereto . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CLOVER LANE LIGHTING DISTRICT Proof of posting and publication of a notice of public hearing to consider the 1991 assessment rolls and apportionments for the Clover Lane Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION N0 . 292 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls v " and apportionments for the Clover Lane Lighting District for the year 1991 , and the budgets related hereto . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . WINNER ' S CIRCLE LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider the 1991 assessment rolls and apportionments for the Winner ' s Circle Lighting District having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak on this matter , the Supervisor closed the public hearing . RESOLUTION N0 . 293 Motion by Councilwoman Valentino ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the assessment rolls and apportionments for the Winner ' s Circle Lighting District for the year 1991 , and the budgets related hereto . Town Board Minutes 23 November 8 , 1990 (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . 1991 ASSESSMENT ROLL FOR SPECIAL BENEFIT DISTRICTS - SEWER Proof of posting and publication of a notice of a public hearing to consider -the 1991 assessment roll for sewer units having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak , the Supervisor closed the public hearing . RESOLUTION NO . 294 Motion by Councilwoman Valentino , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Sewer Benefit Assessment Roll as presented . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . 1991 ASSESSMENT ROLL FOR SPECIAL BENEFIT DISTRICTS - WATER Proof of posting and publication of a notice of a public hearing to consider the 1991 assessment roll for water units having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak , the Supervisor closed the public hearing . RESOLUTION N0 . 295 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , 11zat the Town Board of the Town of Ithaca hereby approves the Water Benefit Assessment Roll as presented . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION NO . 296 Motion by councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated November 8 , 1990 , in the following zmiounts General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . . $ 107 , 746 . 24 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . . $ 61 , 566 . 58 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69 , 828 . 75 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 261 , 729 . 58 CapitELl Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21013 . 09 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 468 . 75 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . Town Board Minutes 24 November 8 , 1990 BOLTON POINT WARRANTS RESOLUTION NO . 297 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Bolton Point Warrants dated November 8 , 1990 , in the Operating Account are hereby approved in the amount of $ 135 , 120 . 82 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . AWARD OF B:ID ON TROY ROAD WATER TANK Town Engineer Dan Walker stated the final bid came in at $ 256 , 967 and the contractor , Over & Under Piping Contractors , Inc . , have been evaluated by Stearns & Wheler who find them acceptable . He went on to say that the bid has come in under the estimate . RESOLUTION N0 . 298 Motion by Councilman Niklas ; seconded by Councilman Liguori , WHEREAS , Over & Under Piping Contractors , Inc . , submitted a bid of $ 256 , 967 for the Troy Road Water Tank , and WHEREAS , this bid appears to be the lowest bid by a responsible contractor ,, NOW THEpED)RE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby award the bid for the Troy Road Tank to over & Under Piping Contractors , Inc . , P . O . Box 278 , Auburn , New York 13021 , in the amount of $ 256 , 967 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . LOCAL LAW TO INCREASE THE SEWER RENT CHARGES FROM $ . 85 PER 100 CUBIC FEET TO $ . 90 PER 100 CUBIC FEET Proof of posting and publication of a notice to consider a local law to increase the sewer rent charges from $ . 85 per 100 cubic feet to $ . 90 per 100 cubic feet having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Raffensperger noted that as discussed a month ago , the increase was necessary in order 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 consumption assessment lag . As no one present wished to speak for or against the proposed local law, the Supervisor closed the public hearing . LOCAL LAW 12 - 1990 Motion by Councilman Niklas ; seconded by Councilman Liguori , LOCAL LAW 12 - 1990 Town Board Minutes 25 November 8 , 1990 A LOCAL LuW TO INCREASE SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA Section 1 . Local Law No . 6 for the year 1986 , adopted December 8 , 1986 , as subsequently amended by Local Law No . 7 of the year 1989 , is hereby further amended by adding a. new sentence to paragraph 1 thereof so that paragraph 1 , in its entirety , shall read as follows : " l . Effective January 1 , 1987 , there is hereby imposed a sewer rent payable by all users connected to the Town-wide sewer system at the rate of $ . 77 per 100 cubic feet of water consumed . Commencing effective January 1 , 1990 , such sewer rent shall be increased to $ . 85 per 100 cubic feet of water consuned . Commencing effective January 1 , 1991 , such sewer rent shall be increased to $ . 90 per 100 cubic feet of water consuned . " Section 2 . This local law shall take effect January 1 , 19910 Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye (�ounci]man Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 12 - 1990 was thereupon declared duly adopted . AUTHORIZING POSSIBLE TRANSFER OF TOWN PORTION OF REMINGTON ROAD TO THE VILLAGE OF CAYUGA HEIGHTS Town Attorney John Barney stated that there was a portion of Remington Road which is not presently open . It has not been open as a road , however , it was deeded to the Town of Ithaca as a road back in 1957 or ' 58 by the Cayuga Land Company . The Village of Cayuga Heights would now like to open it up as a road , basically to service the lots along it . Everything on the other side of the road is owned by the State of New York , it ' s part of the Route 13 right-of-way ownership . There is not a great deal of benefit to the Town to have this piece opened and maintained by the Town because they don ' t get any particular benefits out of it . Initially the Village of Cayuga Heights asked the Town to join in the cost of the opening , the maintenance , etc . They now would like to obtain title , in scene fashion . We have looked into the title , normally the Town could- abandon a road but it has not been used as a road by anyone and we are abandoning the road and as part of the abandonment: you would normally insert in the certificate that you do not intend to use it as a road . It is difficult for the Town of Ithaca to spay that , while the Town of Ithaca does not intend to use it as a road the whole reason we are going through the process is for a road to be used by the Village of Cayuga Heights . So we suggest that the Board tonight , if they are so inclined , just indicate b:y a simple resolution the transfer to the Village of Cayuga Heights in such manner as may be legally permissible , then we will go back to the Village of Cayuga Heights . Councilman Niklas asked if the Village had their legal staff working on this ? Town Board Minutes 26 November 8 , 1990 Town Attorney Barney replied that that was really the point , they have spent quite a bit of time and he felt anymore legal time really ought to be at the Village ' s expense . Councilman. Klein asked if the lower part of the road served one or two houses ? Town Attorney Barney replied that he did not really think so . Supervisor Raffensperger replied that it was not her understanding and it was not the way it was described to the Town . Assistant :Planner Frantz remarked that the Stantons lived there but were serviced from Lake Street . Supervisor Raffensperger remarked that originally the Village came to the Town and wanted the Town to participate in the cost of the road opening and since there was no benefit to the Town we declined that rather rapidly . So this is a fall back position on their part . Town Attorney Barney remarked that he had neglected to check for utility lines as the Town would want to reserve any utility rights they have . RESOLUTION N0 . 299 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Attorney for the Town to inform the Village of Cayuga Heights that the Town of Ithaca is willing to convey the portion of Remington Road as described by the Attorney for the Town provided szmie can be done in a legally acceptable fashion , and FURTHER BE IT RESOLVED , that it be subject to the approval of the Attorney for the Town and the Attorney for the Village of Cayuga Heights . Such legal work , if any , be required to be performed by the Attorney for the Village of Cayuga Heights . ( Raffenspezger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE TOWN OF ITHACA ZONING ORDINANCE EXEMPTING SUBDIVISIONS FROM THE REQUIREMENT TO OBTAIN FILL PERMITS UNDER CERTAIN CIRCUMSTANCES Councilman Niklas stated that at the last regularly scheduled Town Board meeting the Board voted in modifications to Article 13 , Section 70 and at the time , it came as a surprise to all people who had worked on this that there were no comments about subdivisions approved circumstances involving removal or deposit of fill and so even though the modification to Section 70 was approved , Codes & Ordinance was directed to go back and look at the advisability of further modification involving subdivision approval . This is the consequence of that activity . RESOLUTION N0 . 200 Motion by C'ounci]man Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on December 10 , 1990 to consider a local law amending the Town of Ithaca Zoning Ordinance Town Board Minutes CZ 27 November 8 , 1990 exempting subdivisions from the requirement to obtain fill permits under certain circumstances . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF I'MCA ZONING ORDINANCE RELATING TO OCCUPANCY OF MOBILE HOME PARK :DISTRICTS Councilman Niklas stated that this was Article 2A , Section 3B and he felt Giles & Ordinance was tidying up the Zoning Ordinance . Last year we adopted a Town occupancy law and within the current Zoning Ordinance there are specifications as to the occupancy for the different zoning districts and when we looked at the current Zoning Ordinance in terms of mobile home parks there was no mention of it . One of the things that concerned the Committee was whether or not this change would unfairly or improperly restrict when many perceive to be the only real affordable housing . We feel there would be nothing that would restrict occupancy in mobile hones beyond the restriction that perhaps health or whatever would impose anyway . Supervisor Raffensperger noted that both of these would be going to the Planning Board for their consideration . RESOLUTION NO . 201 Motion by Supervisor Raffensperger , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 15 P . M . , on December 10 , 1990 to consider a local law amending the Town of Ithaca Zoning Ordinance relating to occupancy of mobile hone park districts . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PERSONS TO BE HEARD Thomas DeRoos stated that he lived on the West Coast but owned the property at: 891 Taughannock Boulevard which was a seasonal cottage . He stated that he did use a property manager here in Town , Jim Gardner , the bills are sent to Jim Gardner . He went on to say that back in . . . ,. , the billing period from 11 / 16 / 89 to 2 / 15 / 90 , they say I used an awful lot of water . It comes to $ 1 , 708 . 21 . There was a leak . Supervisor Raffensperger asked if this was a matter that a Mr . Anderson might have called about? Mr . De Roos replied , that Mr . Anderson was supposed to be here with him but he had not seen him . Supervisor Raffensperger replied that Mr . Anderson had contacted Bolton Point which is really the proper place to take the water problem for any kind of an adjustment . She stated that she did not know what adjustment they may have made but she did know that he had contacted them . The Supervisor remarked that Mr . Anderson had contacted us here because the Town of Ithaca would look at the sewer consumption that was involved and that she and Mr . Anderson had cone to an agreement that at the end of the year when we looked at the sewer usage consumption and could figure out the extent to which he ues being charged for sewage that did not go into the plant , that. just went into the ground , that she would recommend to Town Board Minutes 28 November 8 , 1990 the Town Board that an adjustment be made to the sewer bill . The water bill. as she understood it , and she noted that the Town Clerk had been involved in the conversations also , went to the Bolton Point Board and she said it was her recollection that what they basically said to him was that they would make sane adjustment but that they did not believe the case that was made about a deficient connection was - sufficient to excuse all of the water cost . She stated that this was her impression of what happened although she was not directly involved . She stated , however , that she had called to plant to see what had happened because the Town was involved in the - sewer usage . She stated that she and Mr . Anderson had cane to an agreement that she felt would be fair at the end of the year to access to what we could make a refund on the sewer . Mr . DeRoos stated that the last he knew was that Bolton Point wanted to wait and see what the Town was going to do about the sewer before they would do anything about the water . Supervisor Raffensperger replied that she did not see how the Town could do anything about the sewer until the end of the year when we get the usage figures . Mr . DeRoos remarked that the previous bill , this large one , they had pro-rated it because they thought it was excessive and did not tell anybody which made the problem that much longer . When it was finally brought to our attention we fixed it . Supervisor Raffensperger replied that this was kind of complicated because it was her recollection that Bolton Point alleges that they notified you early on that there was a leak or that there was exceptional usage . She felt the best thing that she could do for the Board was to get the correspondence and to provide it to them . Mr . DeRoos remarked that Bolton Point did try to correspond with him but unfortunately he was in Alaska , Hawaii , California , all over the West Coast . Supervisor Raffensperger replied that she thought they had corresponded with an agent and that she would pursue it to clarify what had happened . Mr . DeRoos remarked that he would like to ask , at this point , that any penalties or interest be delayed until the end of the year when this is resolved . Supervisor Raffensperger remarked , on the sewer charges . She stated that. she did not believe the Town of Ithaca had any right to do anything about the penalty charges on the water charges . Town Attorney Barney remarked that it seemed to him that before any commitment was made the Board should get all the facts and then determine what action or penalties should be waived . Councilman Niklas asked , you found out what the source of the leak was and you fixed it ? Mr . DeRoos replied yes , the leak was at the exit of the meter pit , a fitting on the exit end , a slip compression fitting and he had used flaired fitting everywhere else . The meter pit was brought fran Bolton Point and he preferred to use flaired fittings but this fitting came with the pit . Councilman Niklas asked if this was part of Mr . DeRoos maintenance responsibility or was that part of Bolton Point ' s responsibility . Town Board Minutes 29 November 8 , 1990 Mr . DeRoos replied that his maintenance starts at the exit of meter , even though he stated he had bought the whole meter pit from Bolton Point and that fitting came from Bolton Point , he was still responsible . Councilman Liguori asked if Bolton Point had installed the fitting? Mr . DeRoos replied that his contractor had installed it . Supervisor Raffensperger asked Mr . DeRoos to call the Town before he left for the West Coast to see what she had found out . Councilwoman Leary asked if it was true that the Town Board really had the ultimate say and that the Board has just been rubber stamping w:iat they say as far as water goes ? Supervisor Raffensperger replied that the Board doesn ' t rubber stamp it but Bolton Point does have policies about refunds . She again said that she would give the Board the correspondence because there were two sides to the story and she felt it was important the Board see it but what really happens is that we will pay Bolton Point for that water so it behooves us to go along in general with their policies which are rather strict about leaks and so forth . Somebody has to pay for the water and basically it ' s either going to be him or the Town of Ithaca because we pay on the basis of consumption . So you have to ask yourself should he pay for it or should all of the rest of the people in the Town of Ithaca pay for it . Obviously , that sort of thing depends on the circumstances of the leak and she felt that that was why the Board needed the correspondence to see what happened . Councilwoman Leary replied , so we do make a judgement about the water? Supervisor Raffensperger replied , in general we try uphold the policies . If Bolton Point looks at it and they say in their opinion , with their policies , these water charges are either ligiti.mate or their should be a refund we in general try to go along with it . On the sewer , obviously we have a little bit more leeway because we are only charged for what sewer goes to the sewer plant , not in the ground . CODDINGI'ON ROAD WATER AND SEWER EXTENSIONS Town Engineer Dan Walker remarked as you may remember , back in March the Town Board received a petition for the extension of water and sewer service in the Coddington Road area . We had 63 individual properties , not all residential properties , some are large acreages located within the service area . The potential service area is basically everything above the railroad grade out to the Tom , line , Coddington Road , Burns Road , East King Road and Updike Road . Currently we have sewer service along Troy Road a little ways and then up to the Chase Farms Subdivision . Based on needs evaluation , the soils in the area are all very heavy silt loams , very poorly suited for onsite sewage disposal . There is a letter from the Health Department endorsing the need for sewer up there . Because the soils are so poor a lot of the homes are in the fifteen to twenty year old range or older now and the septic systems which are twenty to thirty years old are pretty close to failing , if: they haven ' t failed already . Environmentally we have a need and concern for protection of this area because of the Six 1 Mile Creek watershed and the City water supply . Eve thing ry generally ;lopes towards the stream . The railroad right-of-way , which the Town is currently in the process of acquiring for a municipal :right-of-way and a trail , is the perfect engineering Town Board Minutes 30 November 8 , 1990 route for the sewer because of a continual upward grade , a one percent grade . It is also below the properties that have petitioned. for the service . On our preliminary engineering evaluation. to determine feasibility we are looking at a trunk sewer that would extend out in the future . Most of the building sites are one acre and the other parcels range from 20 acres to 111 acres . The area has already been disturbed , there are several deep gorges so the sewer line could be place at a five foot depth and we would not have - to get into the streams to cross them . We have an approved subdivision , Southwoods , with 43 lots which when originally approved had pumping stations so by providing gravity sewers we can eliminate two pumping stations . Councilman Whitcomb asked if the pumping stations weren ' t supposed to be paid for by the developer ? The Town Engineer replied yes , the pumping stations were supposed to be paid for by the developer and he would be looking for a contribution to help construct the gravity sewer . The Town Engineer went on to say that on Burns Road because of a rise and a dip and additional branch would be required and then that would go up Coddington Road and the proposed sewer would be at the front :Lots on the East side because the houses are a little bit higher there and we could serve both sides from that route and that would take it out to the Coddington Road Community Center and could provide service up Updike Road also . The Engineer remarked , again this is a preliminary route study and from an engineering standpoint he felt it was the most effective way to serve the area with sewers . Councilman Whitcomb asked the Engineer if he had any idea what the cost would be ? He remarked that he thought it would cost a tremendous amount of money to serve a few households . Town Engineer Walker replied that all of the sewer shown on the map would total 21 , 000 linear feet and based on $ 40 . 00 a linear foot as the basic cost we are talking $ 840 , 000 . He went on to say that he had estimated 25 % for engineering and administrative costs so we are talking about approximately $ 1 , 200 , 000 , if we do the whole project all at once . Councilman Liguori asked how many existing houses were there? Town Engineer Walker replied , right now there are 49 existing , occupied residents . Some are multi-family . Supervisor Raffensperger stated that she would like to make a brief comment about cost and a very rough calculation assuming a 7 % interest rate for the bonding for 20 years . It would cost an additional $ 15 . 00 per unit Town-wide in the district for sewer and an additional $ 2 . 00 for the water . Councilman Niklas remarked that he had spoken to the Town Engineer because he had no idea what a project of this magnitude takes in terms of time . He stated that he was concerned , if for example this was approved , that it didn ' t drag out for such a period that inflation would kick in and the prices we are talking about now would be substantially increased . He noted that the Engineer had said it would take about three months after it got rolling . Town Engineer Walker remarked that for a million dollars he would kick in six months for a reasonable time structure . It ' s a one construction season project . Town Board Minutes 31 November 8 , 1990 Supervisor Raffensperger remarked , but she thought that construction season would be 1992 . Councilman Liguori asked if the Town Engineer was recommending this ? Town Engineer Walker replied that what he was doing right now was responding to the Board ' s request for an engineering feasibility study and a gravity sewer system is feasible , it ' s do able . There are a significant number of environmental issues in the area , of course being in the Six Mile Creek watershed . There are a lot of issues as far as planning . He stated that his recommendation to the Board is that because we have a valid petition from a significant portion of the population and because there is significant development pressure in the area , that this be taken and referred to the Planning Board , the CAC and the CPC for their review and recommendations prior to the Town Board making any recommendation as far as pursuing this . Councilman Niklas asked the Town Attorney what was the Town ' s legal responsibility when a petition like this is submitted , in a sense of we go through the preliminary engineering draft , it goes to the Town Planning Board , whatever , and a decision is made as to it ' s do ability . Feasibility does not account for ultimately the cost . . . . . . Town Attorney Barney remarked , that ' s part of the cost , then you adopt a resolution and that resolution is subject to a permissive referendum.. Councilman Liguori remarked , the Town Engineer is recommending this based upon cost feasibility . Councilman Niklas replied no , he is just saying that this can be done . Town Engineer Walker replied that he thought on a cost feasibility basis he was not sure what the increase cost in the unit charges for the Inlet Valley are but he thought they would be comparable to what we are doing here . Councilman Whitcomb remarked that he thought they would be a lot less . Councilman Liguori remarked but you return in terms of rate of return . . . . . . Councilman Niklas asked which would be more costly? Supervisor Raffensperger replied that she thought the Inlet Valley project would be but she could be mistaken . She asked , Inlet Valley is costing how much money? Town Engineer Walker replied , about four and a half million dollars . We are putting three hundred thousand dollars in a water tank right now. Councilman Niklas asked how many dwelling units will benefit from that extension , currently? The Town Engineer replied that he did not know . Supervisor Raffensperger replied that she would get this information before the recommendations come back from the Planning Board with a comparison of previous projects . Town Board Minutes 32 November 8 , 1990 Councilman Whitcomb remarked that there were other things to consider here as well and by the time it goes through all these committees a sufficient amount of time will probably pass to review that but he agreed that septic systems were failing in the area and that ' s a serious environmental problem . His understanding was that there is new technology besides extending sewer systems that can handle that , Town Engineer Walker replied that the technology is available for on-site sewage disposal . It is not reccnm-ended for a watershed area and the average per unit cost probably ranges between $ 20 , 000 and $ 30 , 000 to the homeowner . Supervisor Raffensperger remarked that the Board now knew something about the technical aspect and she felt the proposal should be sent to the Planning Board now for their comments on the possible planning implications and then develop further the cost and the benefit kitizd of analysis . Councilman Whitcomb asked , when the petition was presented to the Board in March what were the petitioners told at that point? Town Engineer Walker replied , that we would do a preliminary engineering evaluation . Councilman Whitcomb remarked , didn ' t we also tell them that we were in the midst of a comprehensive planning process and that we would like to wait until that was well underway before acting? Supervisor Raffensperger replied that she did not recall that but the Board roay have . Councilwoman Leary remarked in terms of recovering costs , can we charge the people there more than it would cost Town-wide ? Supervisor Raffensperger replied no , we have a Town-wide water and sewer district . Councilwoman Leary replied , why can ' t we do that ? Town Attorney Barney replied , well you could if you want to go back and form all new districts all over the place again . Supervisor Raffensperger remarked that she did not think that was a very good idea . Councilman Whitcomb remarked that he was strongly opposed to the extension of water and sewer in this area without attendant land use controls adopted either prior to or simultaneously . RESOLUTION N0 . 202 Motion by Councilman Niklas ; seconded by Councilwanan Valentino , RESOLVED , by the Town Board of the Town of Ithaca that the Engineer ' s preliminary feasibility study on the extension of public water and sewer service on Coddington Road be passed on to the Town of Ithaca :Planning Board and to the Conservation Advisory Council for their comment and recommendations back to the Town Board . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SCHOOL CROSSING GUARD Town Board Minutes 33 November 8 , 1990 Supervisor' Raffensperger noted that the Board had some correspondence regarding this . Northeast School does have a crossing guard from 8 : 00 to 8 : 25 and from 2 : 00 to 2 : 25 . The persons i.s an aid at the Northeast School and cannot extend those hours . DeWitt would like a crossing guard from 8 : 25 to 8 : 55 and from 3 : 20 to 3 : 45 . We have never before provided a crossing guard for children older than elementary school age . On the other hand , she stated that she did think the traffic had increased substantially on Warren Road and now that it is a middle school we have younger children attending that school than when it was a junior high school . She stated that she was asking for the Board ' s comments on whether or not the Board wishes us to proceed to try to find a crossing guard for the DeWitt children . The cost would be approximately $ 2 , 500 a year . Councilwoman Valentino remarked that it seemed to her that one of the problems is that drivers , even though the lights are flashing , pay very :Little attention to the speed limit there . She stated that she would hate to be a crossing guard on that road . Councilman Klein remarked that there was a terrible situation up there . Supervisor Raffensperger remarked that even if the Board says it is okay to try and get a crossing guard for the DeWitt children , she did not think there was any guarantee we are going to be able to find one . The Town Clerk called Gary Buckner , he told her they do not have an aid who would do it , which is always a good possibility . He thought somebody at BOLES might be willing . Councilwcm).n Leary asked why was it the responsibility of the municipality and not the school district .) Supervisor Raffensperger replied that the Town Clerk had done some research and went way way back to where there was a lot of discussion and it seems that the municipalities have for a very long time taken the responsibility for providing the school crossing guards . RESOLUTION N0 . 203 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the hiring of a crossing guard for the DeWitt Middle School . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION NO . 204 Motion by Supervisor Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , -that the Town Board of the Town of Ithaca hereby move into Executive Session to consider the condemnation of Trumansburg Road sewer , the annexation proposal for the Town of Ithaca properties on Maple Avenue by the City of Ithaca , the Teeter easement , -the Wheeler easement and the claim for possible sewer construction reimbursement . Town Board Minutes 34 November 8 , 1990 (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . OPEN SESSION RESOLUTION N09 205 Motion by Councilman Klein , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby move back into Open Session . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PUBLIC HEARING TO DETERMINE PUBLIC PURPOSE FOR THE WEST HILL 1989 SEWER EXTEVSION RESOLUTION N0 . 206 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 : 30 P . M . , on December 10 , 1990 to consider a determination of public purpose for the West Hill 1989 sewer extension . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TEETER EASEMENT APPRAISAL RESOLUTION N0 . 207 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor , the Town Engineer and the Town Attorney to negotiate the Teeter easement on the basis of the appraised value . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . PAYMENT FOR SEWER CONNECTIONS TO 347 CODDINGTON ROAD RESOLUTION NO . 208 Motion by Councilman Klein ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the payment of $ 3 , 780 to Orlando Iacovelli to reimburse the cost the Town would have incurred to provide sewer connections to the property at 347 Coddington Road . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . AWOUR SIMEN T The meeting was duly adjourned . Town Board Minutes 35 November 8 , 1990 Clerk 0 AFFIDAVIT OFP BLICATION THE ITHALCA 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 OFITHACA NOTICE OF PUBLIC HEARING of The Ithaca Journal a public newspaper printed and published In = PLEASE TAKE NOTICE, that the . ;Town Board of the Town of_a Ithaca aforesaid , and that a notice , of which the annexed is a true Ithaca will meet and conduct ' a public hearing on Novem- i ber 8, 1990 at 8:00 P.M. , at the copy , was published in said paper .,Town Hall, 126 East Senecaa Street, Ithaca, New York, to ca r) , 1 consider a local law to . in- ' crease the sewer rent charges = _-from $. 85 per 100 cubic feet to $..90 per 100 cubic feet and will at this time hear all per- , son in favor of or opposed to*1 ,, ..the adoption of said local law: Jean H. Swartwood Town of Ithaca October 27, 1990 d that the first publication of said notice was on the D.Y) tayof 19 e - Subscribed and sworn to before me , this a9 day of 19 Notary Public . JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins County Commission expires May 31, 19 � AFFIDAV1T OFPUBLICATION TOWN OF ITHACA NOTICE OF PUBLIC HEARING .NOTICE IS HEREBY GIVEN, that the Town Board of the Town of . Ithaca has prepared assess-! ment rolls for the parcels of land included in the follow ACA AL trig : ( 1 ) Forest Home lighting is` trio Dj . , . 2) Glenside Lighting District ' 3 Renwick Heights Lighting istrict State of New York , Tompkins County , ss . : (4) Eastwood Commons light= ing District (5) Clover Lane Lighting Djs Gall Si1l115 being duly sworn , deposes and trict (4) Winners Circle Lighting Dis- trict says , that she /he resides in lrhaca , county and state aforesaid and that (7) The Town of Ithaca water and sewer improvements now she/ he is Clerk operated by the Town as a Town-wide function and cov- of The Ithaca Journal a public newspaper rinted and published in eying all lands in the Town,. p p P pursuant to Section 209-r of.,J the Town Law; this assessmentI Ithaca aforesaid , and that a notice , of which the annexed is a true ran includes not only' all the parcels formerly included in copy , was published in, said paper all the former water and sew- ; er districts, but also - all other' Y _� lands in the Town of Ithaca C �� QG� outside the Village of Cayuga � ` ` 6 Heights, and has apportioned i and assessed upon such par- 1 . cels of land in proportion to the amount of benefit the im-.1 provements shall confer upon the some the cost chargeable to said districts and said land in the Town of Ithaca for the d that the first publication of said notice was on the � ►'� establishment and construe-' p tion of the improvements in ay of �j c �Je ,� 19 �— said districts, including the ' water and sewer s stems � therein, which charges are payable in the year 1991 , and therefore, pursuant to Section 239 of the Town Law, the said Town Board will hold a public hearing thereon at the Town Offices at 126 East Seneca ,day and sworn to before me , this Street, . nha8 , New York, an ' November 8, 1990, in the op. Proximate order listed above o f Qzj 1 (� beginning it ill c P. M. , at o which time it will consider any objections which may be made to said assessment rolls and apportionments. Jean H . Swartwood ' Notary Public . Town Caar4 JEAN FORD October 27, 1990 Notary Public, State of New York No . 4654410 Qualified in Tompkins County Commission expires May 31, 19 �S AFFIDAVIT OF PUBLICA TION TIDE ITH 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 TOWN OF ITHACA, NOTICE OF 1 PUBLIC she/he is Clerk NARY UDGGETRING, PRELIM[-. NOTICE IS HEREBY GIVEN, that of The Ithaca Journal a public newspaper printed and published in the Preliminary Budget for the Southern Cayuga Lake Inter-' Ithaca aforesaid , and that a. notice , of which the annexed is a true municipal Water Commission' s for the year beginning Jon copy , was published in said paper plet 1 , 1991 has been cam-„I pleted and filed in the office of the .Town Clerk of said 9 � Town at 126 East Seneca 9 1 1_� l Street, Ithaca, New York, where it is available for in- spection by any interested person at all reasonable hours. FURTHER NOTICE IS HEREBY : GIVEN, that the Town Board of said Town of Ithaca will meet and review said Preliminary nd that the first publication of said notice was on the Budget and hold o public hearing thereon at the Town . ` _ Offices, 126 East Seneca day of h � 1� C ✓ 19 Street, Ithaca, New York, at 7 : 30 p. m. , on November 8, 1990, and that at such hearing r any person may be, heard in favor of or against any item dr items therein contained. Jean H. Swartwood Town Clerk Subs . ' bed and sworn to before me , this day October 27, 1990 of _ 19 Notary Public . JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins County��} Commission expires May 31 , 19v�f 0 AFFIDAVIT OFPUBLICATION THE ITHALCA JOURNAL State of New York , Tompkins CountN , ss . . Gail Sullins uses and P TOWN OF ITHACA, NOTICE OF, being duly sworn , de PUBLIC HEARING, PRELIMI-, NARY BUDGET 1 says , that she/he resides in Ithaca , Count and state aforesaid and that NOTICE IS HEREBY GIVEN, that .' y Y the Preliminary Budget of the , she/ he is Town of Ithaca for the fiscal Clerk year beginning January 1 , ! 1991 , has been completed of The Ithaca Journal a public newspaper rinted and published In and filed in the Office Town P P P Town Clerk of said Town at 126 East Seneco 'Street, Ithaca, l Ithaca aforesaid , and that a notice , of which the annexed is a true New York, where Is Is avow- ' able for inspection by any in- copy , was published in said paper terested person at all reasons ble hours. FURTHER NOTICE I5 HEREBY GIVEN that the Town Board of said Town of Ithaca will meet and review said Preliminary Budget and hold a public hearing thereon at the Town i Offices, 126 East Seneca Street, Ithaca, New York, at 7 :00 p. m . on November 8, : 1990, and that at such hearing d that the first publication of said notice was on the 2 any person may be heard or P favor of or against any item or items therein contained. 1 Jay qf e 19 _ PURSUANT to Section 108 of the Town Law, the proposed salaries of the following ery u S Town � D Officers are hereby specified : <: ; Supervisor . . . . . . . . . . . . . . . $19,000 Councilmen (6) each . . . . $5,000 f Justice of the Peoce (s) each . . . . . . . . . . . . . $90500 Subs ibe y and sworn to before me , this �� day Jean H. Swartwood I Town Clerk of 19 October 27, 1990 Notary Public . JEAN FORD Notary Public, State of New yarl No. 4635 44 ? 0 Qualified in Tomr !< ins County Cornmission expires May 31, 19 �S