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HomeMy WebLinkAboutTB Minutes 1991-05-13 TOWN OF ITHACA TOWN BOARD MEETING May 13 , 1991 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 Patricia Leary , Councilwaman Frank Liguori , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman ABSENT : John Whitcomb , Councilman David Klein , Councilman ALSO PRESENT : John Barney , Town Attorney Dan Walker , Town Engineer Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Linda Nobles , Assistant Budget Officer George Frantz , Acting Town Planner Fred Noteboom , Assistant Highway Superintendent David Auble , Property owner Nancy Zahler , Tompkins County Youth Bureau Fran Copp , Tompkins County Youth Bureau Graham 0 , 241 Coy Glen Road Representatives of the Media : Greg Williams , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger noted that some were able to attend the funeral services for Henry Aron that were held last Friday . Henry died Thursday , May the 9th after doing one of his favor things , passing out awards at a Kiwanis dinner . Henry served the Town of Ithaca for many years as chairman of both our Planning and Zoning Board of Appeals . Both by example and his recollection of his early life in Nazi Germany , Henry made us all aware of our democratic institutions and that participation in them is both a privilege and a responsibility . She went on to say that over the past few years she had benefitted from Henry ' s support and good advice and she appreciated that and she would miss both of them . Supervisor Raffensperger then asked for a moment of silence to remember Henry ' s many contributions to the Town and to the wider conyrnxnity . Town Board Minutes 2 May 13 , 1991 Supervisor Raffensperger went on to report that the Town Hall was recently the subject of a space study by John Benjamin , a Cornell student in design and environmental analysis . The report studies current conditions and compares them to modern standards for municipal offices . The study concluded basically that the present Town Hall is inadequate and not suited to renovations . The reuse of a larger building or the construction of a new building is reccnmended . The present uncertainties in the economy and state aid weigh against any actions on the Town Hall now, other than maintenance but it is a problem the Town Board will have to address in the fixture . The Planning Department has the report upstairs for anyone who would like to review it , it is very interesting . The Supervisor went on to say that the State budget had not been passed yet and most aid to municipalities is frozen . There have been no recent announcements as to the level of state aid per capita or highway monies being considered in the negotiations . We budgeted the same amount for sales tax as we budgeted last year , a move that now seems to be realistic . Our sales tax revenues are coming in at a level that will meet budget projections . It is difficult to guess what the next two quarters will bring though , considering what seems to be an economic down turn , even in Ithaca . Supervisor Raffensperger noted that a number of meetings were held the past month relating to the Cornell GEIS . We have an item on the agenda for that tonight . A number of members of the public have participated in the preliminaries to determine the scope of the study and Town residents have expressed their support for the Town ' s initiation of such a process . Town Engineer ' s Report Town Engineer Dan Walker reported that his department had been busy all month with capital improvements . The West Hill project officially began today , the contractor is mobilizing his equipment and expecting to deliver the pipe on Wednesday and start construction on May 20th , The South Hill Troy Road water tank has been installed and most of the site restoration has been completed . The tank will be filled on Friday . The control system has been ordered and is a little bit behind schedule but it will be installed in mid�June . The Engineer went on to say that they were continuing to obtain easements on the Inlet Valley Water and Sewer Project . The project has been advertised for bids with bid openings on May 24th and construction to start on July 1st . He went on to say that the construction contract for the Route 366 water main at Cornell has been let and construction is scheduled to start in June . The sewer capacity monitoring study is ongoing , we have collected three weeks of information and will be working with the City Engineer to develop a plan of action for the capacity problems . We have completed an evaluation of the Ccmmnland pump stations , the evaluation indicated that the five pump stations there are not something that the Town Engineer can recommend to the Town Board to accept . We made a recommendation to the residents that if the Town wants to accept dedication of the system , which is now currently private , it would require replacing the five stations with a single station and then that would require additional gravity sewer construction . The Town Engineer went on to say that the formal presentation of the Cornell Master Plan and GEIS was made on April 16th , a public information meeting was held on May 7th . The next major action will be on May 21st where the scope will be discussed . The Ithaca College science building and road relocation has broken ground . The Engineer Department has reviewed the utilities maps for the Comprehensive Plan which they find to be in good condition now. Town Board Minutes 3 May 13 , 1991 The Public Works Committee is continuing review of the cost of repairs for water and sewer . We advertised for three student engineering positions and hopefully we will know how successful we are by the end of the week . The Town Engineer went on to say that one problem he had with putting these people on is the lack of space . As part of the capital improvement project , he had put together a resolution asking for authorization to obtain a construction trailer . That would house all of the construction records , maps and documentation during the Inlet Valley construction and would also be used as office space for the simmer students .. The trailer would be set up with a smaller office in one end and the larger office and drawing table in the remainder . We have space available at the Highway Garage and sanitary facilities would not be needed because they are available in the Garage , however , we will need to connect to the telephone system . ENGINEQ27NG/ INSPECTION SITE TRAILER Town Attorney Barney stated that he was concerned about cost as it was above the bidding limit which was $ 7 , 500 . Town Engineer Walker asked about the lease price . Town Attorney Barney replied that was also above and if the Board wished to rent to purchase it would have to be bid . He suggested it be rented for a year , or start to rent and then go through the bidding process . Town Engineer Walker replied that one year would give them a good idea as to how it will work but they definitely needed it this summer and for the first year of construction . Building Inspector/ Zoning Officer Andrew Frost stated that he did not feel particularly strong about this but he wondered if any zoning would apply to this . Would there be set back requirements , do we need a building permit? Supervisor Raffensperger replied that they would look into it during the interim . RESOLUTION NO , 111 Motion by Councilwoman Valentino ; seconded by Councilman Liguori , WHEREAS , construction of the 1989 Water and Sewer Improvements Contract # 2 , Inlet Valley , will begin this summer and Contract #4 , Inlet Valley should begin next spring , and the two contracts will be of at least a year and one-half in duration , and WHEREAS , field office space for coordination and control of these projects will be necessary , and WHEREAS , work space for three ( 3 ) student engineering aides assisting in the construction layout and inspection will be necessary , and WHEREAS , the Town has the space and parking available at its Highway Facility located at 106 Seven Mile Drive for the construction site trailer and staff , and WHEREAS , the Town Engineering Department has obtained quotes from three ( 3 ) .independent vendors of construction site trailers , as the same are attached hereto , and Town Board Minutes 4 May 13 , 1991 WHEREAS , the Town Engineer recommends that the Town of Ithaca enter into a "Rent to Purchase " agreement for a 10-foot by 40-foot construction site trailer , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the Town Engineer to enter into a "Rent to Purchase " agreement for a 10-foot by 40-foot construction site trailer , to be leased for up to one year , at a rental rate of not more than. $ 300 per month plus cost of set-up with the total cost for such trailer and installation not to exceed $ 4 , 999 , and with funds for the purchase thereof to be taken from the Capital Projects Budget for the 1989 Inlet Valley Water and Sewer Improvemmzt . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . Highway Superintendent ' s Report Supervisor Raffensperger noted that newly appointed Deputy Highway Superintendent Fred Notebocm was in attendance . Highway Superintendent Scott McConnell noted that for scene reason the Parks and Open Space Manager ' s Report was first , in his report , so he would report on this first . He went on to report that routine ground maintenance , weekly site inspections , pest control and the start up of mowing totaled 174 man hours in April . On site construction of Grandview play structure commenced the second week of the month . A total of 209 man hours were spent grading , hole drilling , setting posts , backfilling and installation of the two sets of swing beams . Don will continue working on deck construction and installation of components as his main effort in May and June with assistance as needed . Completion of tree removals at Northview Park required 24 man hours . The Park Manager staked out locations for 150 trees and shrubs to be planted in May at Troy Park . All plant materials will be from the Park Department ' s nursery . Lawn repair at 1006 Danby Road was completed for Bolton Point on April 4 . A total of 12 man hours were required . Park ' s staff assisted the Highway Department during Spring yard waste collection April 29 - May 3 . The Park Manager supervised and worked with one of the two brush chipping crews . May Parks projects include the Grandview play structure , lawn moving and regular grounds maintenance , Troy Park tree and shrub planting , Park Lane tree planting of Norway spruce donated by Soil Conservation Service , Winner ' s Circle trail work and continued pest control , as needed . The Highway Superintendent then reported for the Highway Department noting thELt the Highway Department ' s work in April consisted of preparing :roads for paving and surface treating , plus an assortment of tasks for the Engineering Department . Shoulders , ditches and driveway culverts were completed on Northview Drive and Rich Road . A pipe and ditch were improved at the corner of Park Lane and Joanne Drive . Some manholes were opened up to be adjusted for the new grade due to paving . Wood decking was pre-cut for the walkway on the lower Forest Home bridge . The hardware and supplies were also purchased so that work may proceed as soon after paving as weather permits . Guide rail was installed at the upper end of Elm Street Ext(msion and around the sharp curve on Sandbank Road . The work for Engineering consisted of repairing a manhole casing that had a large hole in the side , repairing a driveway damaged from hydrant flushing , and a small amount of grading and clean up at the unfinished portion of Park Lane . Spring leaf and brush clean up began on the 29th of April and was completed on May 3rd . This task went quite well , thanks largely to the hard work from the Highway Town Board Minutes 5 May 13 , 1991 and Park crews . Overtime was minimal and there were no mechanical failures to hold up progress . May ' s work is to be paving of Regency :Lane , Joanne Drive , Park Lane and Harwick Road . Then we will move on to preparing roads for surface treatment which will be done later in the summer . Councilwcxnan Valentino remarked that she was surprised that the Spring clean up was on such a good schedule . She felt the men had done a really good job . Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that 17 building permits were issued during the month . Nine new complaints were investigated , 111 field visits were made and five certificates of occupancy were issued . Acting Town Planner ' s Report Acting Town Planner George Frantz stated that the Planning Department is continuing working with the CPC and Stuart Brown Associates3 on the Comprehensive Plan . We have been focusing on three major aspects of the plan , one is the work of the Land Use Subcounitl=ee who are now beginning to consider the reviewing of draft maps . Tomorrow, D . J . Parrone Associates will report to the CPC on their evaluation of the Town ' s road network . They looked at traffic volumes , road capacity and assessed intersections in order to identify problem intersections both existing and potential future problem areas . Also , John Cymanski and Ron Simpson are finishing up compiling all the written comments made as part of the residence: survey . He went on to note that on April 16th , Cornell made a presentation of their draft scope for their generic environmental impact statement . Also at that meeting , the Planning Board passed a resolution designating itself lead agency for environmer.ttal review for this matter and at the same time seek concurrence from other involved agencies in the SEQR process to that designation as lead agency . He noted this would be discussed later tonight . So far we have received letters concurring with the lead agency status from the Dormitory Authority and NYS DOT with comments regarding the areas DOT would like to see addressed in the GEIS . We are continuing to work with the Conservation Advisory Council and its committees . Scott has been working with the Open Space Committee on the open space inventory and hopefully will complete a draft of the study in the next few weeks . He stated that he continued to work with the Agriculture Committee both on its consideration of agriculture as it relates to the Comprehensive Plan and also as a means of better protecting and enhancing the viability of agriculture in the Town of Ithaca . The COC is also considering an environmental protection overlay districts . Mr . Frantz went on to note that the Circle Greenway , which is the pedestrian pathway that circles in an around Ithaca , is complete except for a small part which passes through the Winner ' s Circle Subdivision . They have put that segment on the map in their brochure , we have to put down a bark path and he had spoken to Rich Schock who has no problem with this , however , an adjoining property owner has duffed a small amount of fill on the Town ' s property and he has to move that before the Parks crew can do their work . He stated that he was mailing the property owner a letter tomorrow giving him until the first week of June to remove the fill . He noted another item of interest which was the pending future tennis facility which Cornell is considering constructing west of Pine Tree Road which they would like to bring before the Planning Board on June 4th . Town Board Minutes 6 May 13 , 1991 Supervisor Raffensperger questioned the attached County Board of Representative ' s resolution on the old heating plant . Mr . Frantz replied that the County was once again , considering the sale of ,surplus lands between the Biggs Complex and Route 89 . He stated that he had net with the County Planning Staff in March to review the proposal with them and ccmTiented on it . At this point , the conni.ttee has passed it on to the rest of the County Board for their consideration . There are a number of issues of concern to the Town , one of course is that the lower portion contains extremely steep slopes and is an area that is identified as being a prime candidate for any sort of environmental overlay district type zoning . Another major concern would be traffic and any sort of road development in that area . TOWN COMMITTEE REPORT ' S There were no Town Committee reports other than items on the agenda . COUNTY BOARD OF REPRESENTATIVE ' S REPORT There were no County Representatives at the meeting . APPROVAL OF JANUARY AND FEBRUARY FINANCIAL REPORT RESOLUTION NO . 112 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the January and February 1991 Financial Reports as presented . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CODDINGTON ROAD CONMUNITY CENTER SUMMER PROGRAM Supervisor Raffensperger stated that the amount of money that is being requested by the Coddington Road Community Center is more than was requested last year which was $ 1 , 835 , however , they have extended the program from six weeks to eight weeks this year . RESOLUTION N0 . 113 Motion by Supervisor Raffensperger , seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the request of the Coddington Road Community Center in the amount of $2 , 550 for their summer program which will consist of three two week sessions running fron June 24 to July 5 and a special two week session running from July 22 to August 2 . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CONTRACT W]=TH STUART I . BROWN ASSOCIATES Supervisor Raffensperger stated that the Board had received , some time ago , a resolution from the Comprehensive Committee which recoTendect to the Town Board that it enter into the proposed Town Board Minutes 7 May 13 , 1991 agreement. with Stuart I . Brown Associates . The contract is basically the same as was approved last year with the addition of additional work up to 200 hours over an eight week period to work on certain chapters of the Comprehensive Plan , Councilwoman Valentino asked about the previous discussion to add a clause regarding penalties for not getting the work done on schedule . Supervisor Raffensperger replied that it was not included because we have a fifteen day notice to terminate the contract so if we do not receive material in a timely fashion we can terminate the contract within fifteen days . RESOLUTION N0 , 114 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the contract with Stuart I . Brown Associates for a period of one year from the date of execution . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . POLICY STATEMENT REGARDING OPEN MEETINGS LAW AND TOWN COMMITTEES AND SUBC01vMITTEES Supervisor Raffensperger stated that for some time there has been discussion among subcommittees and committees of the Town about whether or not all of those meetings are required to be open under the New York State Meetings Law . She went on to say that it was her understanding that our Town Attorney had notified some of those committees that some recent court cases would seem to indicate that it was not: absolutely necessary . She stated that she and Carolyn Grigorov , Chair of the Planning Board have discussed this and she had encouraged the Supervisor to have all meetings open to the public whether or not that was required strictly by the law or not . And , she encouraged the Supervisor to bring it to the Town Board so that there would be on record a resolution of Town policy . Councilman Niklas question the provision of notice for all meetings , he asked if this means public notice ? Supervisor Raffensperger replied yes , and as far as she knew that has not been done . Councilman Niklas stated that he had some concern about including subcommittees in this resolution . Subcommittees tend to be very informally organized and to function in a very informal way . He stated that he could visualize that some subcommittees would like to meet in the homes of the members and he thought the notion of encouraging the public to attend those meetings is not particularly desirable . Supervisor Raffensperger replied that she felt the subcommittee meetings should be open to the public , the Open Meetings Law is not always convenient and it is not always easy but she felt it served a public purpose that she felt was important to maintain . RESOLUTION NO . 115 Motion by Councilwoman Valentino , seconded by Councilwoman Leary , Town Board Minutes 8 May 13 , 1991 RESOLVED ,. that the Town Board of the Town of Ithaca urges all Ithaca Town Boards , committees and councils and their committees and subc(m-mittees to meet in open session in compliance with the spirit of the NYS Open Meetings Law . For example , this would include the provision of notice for all meetings , with all meetings open to the public , even in those cases where the strict application of the law would not so require . (Raffensperger , Leary , Liguori and Valentino voting Aye . Nays Niklas ) . SET DATE FOR PUBLIC HEARING TO ESTABLISH BURLEIGH DRIVE LIGHTING DISTRICT Supervisor Raffensperger remarked that as was discussed previously , the Town received a petition from the residents of Burleigh Drive to establish a lighting district and the Town Engineer has obtained the necessary information . She asked the Town Engineer what the cost would be per household . Town Engmneer Dan Walker replied that the maximum would be about $25 per household . RESOLUTION NO . 116 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 : 00 P . M . , on June 10 , 1991 to establish the Burleigh Drive Lighting District . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none) . INTERMUNICIPAL YOUTH COMMISSION Councilwoman Valentino stated that the committee had been saying all along that they were going to recommend the formation of a joint youth commission for the Town of Ithaca . The Village of Lansing has already acted and has approved the plan . The Village of Cayuga Heights will be meeting next week to consider the proposal . Nancy Zahler , Director of the County Youth Bureau stated that the Committee have been working for about a year and it seems like a youth ccra i ssion would be a good way for the Town and the other municipalities to take stock of and look at , who are the children and what are their needs ? Supervisor Raffensperger remarked that it was not _ at all clear to her who was going to appoint the appointees . Councilwoman Valentino replied that the intent was to have them appointed by the Town Board RESOLUTION NO . 117 Motion by councilwcanan Valentino ; seconded by Councilman Niklas , WHEREAS , an Ad Hoc Youth Services Committee was created to explore the feasibility of creating a joint youth commission , and Town Board Minutes 9 May 13 , 1991 WHEREAS , said Ad Hoc Committee has submitted their findings , and have reccmmlended creating a joint youth commission between the Town of Ithaca , Village of Cayuga Heights and Village of Lansing , and WHEREAS , pursuant to Article 13 of the New York State General Municipal_ Law which empowers a municipality to vest a youth coanission with the authority to establish and maintain youth developmEnt and recreation programs , services and facilities , NOW BE I:T RESOLVED , that there be established a joint Town of Ithaca , `Village of Cayuga Heights and Village of Lansing Youth Commission to consist of three ( 3 ) appointees from the Village of Lansing and four ( 4 ) appointees from the Town of Ithaca , the latter to be appointed by the Town Board of the Town of Ithaca for terms not to exceed four years , initial appointments for staggered terms , and FURTHER RESOLVED , that said members shall : a) recommend a set of operating guidelines ; b) gather data and evaluate existing programs and needs , specifying particular problem areas and desirable goals ; c ) determine public opinion regarding program needs or possible changes ; d) explore a variety of sources for funding for program needs ; e ) recommend and oversee effective youth programs to meet local priorities . FURTHER RESOLVED , the Youth Commission shall recmmend on the coordination , planning , provision , and financing of recreation and youth development services throughout the Town of Ithaca , Village of Cayuga Heights and Village of Lansing , and FURTHER RESOLVED , that based upon the foregoing factors and findings , the Youth Commission shall supply to the respective municipal boards a report of their recommendations on a quarterly basis . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PURCHASE OF TRUCK ON STATE BID Highway Superintendent Scott McConnell reported that he had bid locally for the replacement of the 3 / 4 ton pickup truck and right after he had put it out to bid he received the State bid . The bids were opened on the 25th of March . We received only one bid on March 25th fran University Chevrolet in Amherst , New York . The next day we received a bid from Spencer Ford , Spencer New York . So , only having one bid and it being a greater price than the truck on State bid , we elected to go with the State bid . None of the trucks available are exactly what we would have specified and also , the truck is tan color . We could have it painted Omaha orange but it would cost almost $600 and after factory paint jobs are never quite as good . RESOLUTION NO . 118 Motion by Councilman Niklas ; seconded by C.ouncilwcman Valentino , Town Board Minutes 10 May 13 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Highway Superintendent to purchase a 1991 4x4 - 3/ 4 ton pickup on State bid at a cost not to exceed $ 16 , 500 . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . APPOIlMU NT OF TOWN REPRESENTATIVE TO THE COUNTY YOUTH BOARD Supervisor Raffensperger noted that the Town had received three applicants for the position , M . Gale Smith , Bob Yavits and Edward McLaughlin . All three are very good candidates for the position . She went on to say that Councilwoman Valentino would be contacting the two not selected to discuss the Youth Commission with them because they all have excellent qualifications . RESOLUTIO'rN NO . 119 Motion by Councilwoman Valentino , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby appoint Bob Yavits , 611 Winston Court , Apt . # 3 , as the Town of Ithaca ' s representative on the County Youth Board . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . FIRST QUARTER INVESTMENT REPORT RESOLUTION NO . 120 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following Town of Ithaca Investment Report for the quarter 1 / 1 / 91 - 3 / 31 / 91 : CERTIFICATES OF DEPOSIT Date Rate of Maturity Interest Acquired Amount Interest Date Earned 9 / 3 / 91 $ 11 , 284 . 74 7 . 70% 3 / 3 / 91 $ 444 . 25 3 / 3 / 91 * $ 11 , 728 . 99 6 . 20 % 6 / 1 / 91 *** * ** 11 / 13 / 90 $ 407 , 263 . 13 7 . 45 % 5 / 14 / 91 * * * * * * 11 / 30 / 90 $ 306 , 580 . 71 7 . 56 % 5 / 31 / 91 ** ** * * 11 / 8 / 91 $ 813 , 716 . 16 7960 % 5 / 9 / 91 * * * * * * 3/ 11 / 91 $ 1 , 251 , 041 . 10 6 . 20 % 9 / 9 / 91 * ** * * * 8 / 16 / 90 $ 1 , 265 , 000 . 00 7 . 60% 8 / 16 / 91 * * * ** * 3 / 7 / 91 $ 2 , 073 . 20 5 . 90 % 6 / 3 / 91 * * * * * * Town Board Minutes 11 May 13 , 1991 SAVINGS End of Month Rate of Interest Month Balance Interest Earned January $ 2 , 287 , 586 . 71 5 . 75 % $ 81718 . 53 February $ 2 , 798 , 803 . 99 5 . 60 % $ 9 , 899997 March $ 3 , 2161655 . 72 5 . 60 % $ 12 , 626 . 11 INTEREST (NECKING End of Month Rate of Interest Month Balance Interest Earned January $ 32 , 843964 4 . 50% $ 498 . 95 February $ 251 , 871 . 47 4 . 25 % $ 302 . 54 March $ 316 , 084 . 10 4 . 25 % $ 724 . 60 (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) 1990 INDEPENDENT AUDIT REPORT Supervisor Raffensperger noted that the only comment of substance from the auditors as far as non-compliance with the laws and regulations is the matter of our Civil Service certification . They note that we are in the process of attempting to comply with the Civil Service laws . PERSONS TO BE HEARD No one present wished to be heard , at this time . FORMAL DEBSIGNATION OF PLANNING BOARD AS LEAD AGENCY FOR CORNELL UNIVERSITY GEIS Supervisor Raffensperger noted that the Board had passed a resolution suggesting to the Planning Board that they would be the proper Board to oversee the environment review of both the rezoning and of the campus planning in a particular geographic area of Cornell . Acting Tom-1 Planner George Frantz stated that beginning back at the March 11th Town Board meeting , Cornell University formally submitted a request for rezoning to the Town Board for that area essentially between Route 366 , Cascadilla Creek , Game Farm Read on the East ai:ld the Cascadilla Creek/Judd Falls Road on the West . At that meeting the Town Board referred the matter to the Planning Board and recommended that the Planning Board be designated lead agency for environmental review . The Planning Board at its April 16th meeting received a presentation by Cornell of the scope of the proposed generic environmental impact statement . Also , formally designated itself lead agency contingent upon concurrence that it be lead agency from a number of other involved agencies under SEQR . One agency being the Town Board because it has the authority to approve the! rezoning . Other agencies include the NYS Department of Transportation , NYS Department of Environmental Conservation , the NYS Dormitory Authority , the Tompkins County Department of Planning and the Tompkins County Department of Health . The Planning Board Town Board Minutes 12 May 13 , 1991 is asking the Town Board to concur with its designation of itself as lead agency for environmental review for this process . Supervisor Raffensperger remarked that at the public meeting at the Planning Board and again today , Dooley Kiefer asked her to express to the Board her opinion that the Town Board should retain the lead agency status while asking the Planning Board to proceed with the GEIS . She feels that as a elected board we are the ones who should make the decision about the adequacy of the environmental impact statement when it is completed . She stated that she had pointed out to Mr.) . Kiefer that , at least in the portion of the action that has to do with the rezoning , the Town Board will have the final action as far as that is concerned . And , as an involved agency , the Town Board will receive all the material as the process moves along . She felt it would be unfortunate if we would come to the place where the Planning Board would , for example , accept the environmental impact statement and the Town Board would at that time feel that it had big deficiencies . We really need to focus on the process as it goes along , as an involved agency . Councilman Niklas asked if this would preclude the Town Board , when the issue to rezone or not rezone , from requesting any further modifications to the site plan that was approved by the Town Planning Board . Town Attorney Barney felt the Town Board could probably decline to rezone if you were unhappy with the site plan . Councilman Niklas remarked , but you couldn ' t , at that juncture , request a modification ? Supervisor Raffensperger replied that she didn ' t know if you could but she did not feel it would be wise and that was why she said she felt the Board should keep up with it as it goes along so that we don ' t cone to this . Councilwoman Leary asked , why give up our power , now? What if we did decide that we don ' t like what the Planning Board did , can we take it bark , can we say now we are lead agency? Supervisor Raffensperger replied no , we can say we will not rezone . Councilwoman Leary asked if the Town Board wouldn ' t have more control if they were lead agency? Supervisor Raffensperger replied yes , but more appropriately where does the expertise lay and who ought to be taking the responsibility for the outcome of the process . Councilman Niklas stated that he would like to request a slight modification to the wording as he had trouble with " concurs " and "concurrent:e " and he would like the resolution to read " that the Town Board hereby designates the Planning Board as lead agency for the environmental review . . . . . . " He stated that he did not know if this was legally permissive but his notion was that it was the Town Board authority as to who we designate . We are not concurring even though we are agreeing with the fact that they should be lead agency . Town Attorney Barney remarked that perhaps it could read both ways as we are working with two different statutes here . The SBQR regulations provide for lead agency to circulate to other possible lead agencies an announcement that they are designating ourselves as lead agency and soliciting concurrence . In our own environmental regulations where there are two possible lead agencies and it is not clear who the lead agency is , the Town Board Town Board Minutes 13 May 13 , 1991 may designate the lead agency . He staged that he liked the idea of both designates and concurs . Councilwoman Leary remarked , so the part of the plan that is not under consideration for rezoning now , if the Planning Board is designated lead agency , we would have not control over that? The Planning Hoard ordinarily has site plan approval . Councilman Niklas replied that his understanding was that if it didn ' t require rezoning it wouldn ' t cane before the Town Board anyway . ;�o we are not giving up anything . Councilwcrnan Leary remarked , unless we were lead agency though . Town Attorney Barney replied , unless it was a rezoning you wouldn ' t be lead agency anyway . Town Engineer Dan Walker remarked that even control is an issue in the lead agency because what the environmental impact statement , especially an generic environmental impact statement , does is it brings all. the environmental issues to the fore front and addresses all the issues . There is not always a decision that this is good or this is bad but the issues are there and they are addressed by the developer , by whatever agency is creating the project . The thing that it is going to do for the Town Board , as far as the rezoning aspects , all the environmental information will be there for you to make the decision on whether or not the rezoning should occur . Supervisor Raffensperger added , if a draft generic environmental impact statement is presented to the Planning Board and we have a right to comment on it and we find a big deficiency in it , we certainly have some leverage as far as getting the Planning Board to say that this is an addition that must be made before this is a final environmental impact statement . The rezoning will hang on our acceptance of the adequacy of the information . RESOLUTION N0 . 121 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , WHEREAS , Cornell University has requested that the Town Board rezone its lands in the area bounded by NYS Route 366 , Game Fann Road and Cascadilla Creek from Residence R- 30 to a Special Land Use District , and WHEREAS , Cornell University has an understanding of the need for preparation of a Generic Environmental Impact Statement (G/EIS ) that will include the area between NYS Route 366 on the north and the vicinity of Snyder Hill Road and Honness Lane on the south , and extending iron the City of Ithaca to the Town of Dryden , and WHEREAS , the Town of Ithaca Town Board on March 11 , 1991 has referred the matter to the Planning Board for review and recommendation , and WHEREAS , in referring this matter to the Planning Board , the Town Board recam ended that the Planning Board be declared Lead Agency for environmental review and development of the G/EIS attendant thereto , and WHEREAS , the Town of Ithaca Planning Board under Article IX Section 46-a of the Town of Ithaca Zoning Ordinance , is empowered to review and approve , approve with modifications , or disapprove proposed site plans for uses within a Special Land Use District , and Town Board Minutes 14 May 13 , 1991 WHEREAS , on April 16 , 1991 the Town Town of Ithaca Planning Board proposed to designate itself Lead Agency for environmental review for the above referenced matter , and has requested concurrence with such designation by other involved agencies as requested by 6 NYCRR Part 617 , NOW THEREFORE BE IT RESOLVED , that the Town Board hereby designates and concurs with the designation of the Planning Board as Lead Agency for the environmental review associated with the request by Cornell University for the rezoning of the area bounded by NYS Route 366 , Game Farm Road and Cascadilla Creek fron Residence R-30 to a Special Land Use District , and with the proposed future development of University lands in the Town of Ithaca between Cascadilla Creek on the north and the vicinity of Snyder Hill Road and Honness Lane on the south , and extending from the City of Ithaca to the Town of Dryden . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING BACITLOW PREVENTION Proof of posting and publication of a notice of public hearing to consider a local law amending backflow prevention having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Engineer Dan Walker stated that the public water system was pressurized and in a situation where a water user may generate pressures in access of the municipal water pressure , it is possible to force water from a building back into the public water supply . That particular volume of water may be contaminated with something we don ' t want into the public water supply . Backflow prevention are devices that are put in the line to prevent this water fron flowing back into the public system and possibly contaminating it . Supervisor Raffensperger went on to say that this law had been reviewed by our Town Engineer , people at Bolton Point , the Cam- issioners and by a number of attorneys . Because of the number of minor changes she was signing tonight , a certificate of necessity for this local law because you did not receive it ten days before the meeting in the final form . Councilwaman Valentino stated that she had a question on the delegation of power . She asked what does that mean to the Town Board , what power did the Board have in the first place and are we giving something away? The old law seemed to be pretty technical and just seemed to go down through what was expected , the new one seems to go more into the delegation of the municipalities power . Supervisor Raffensperger replied that it reflects present practice . Town Attorney Barney remarked that the original cross connection law was adopted about the time the Commission was formed and the manner in which initially Bolton Point was to operate was purely as an agency of the five municipalities to construct a water treatment facility with transmission lines . It was not thought , at that time , that they would get as heavily into the operation aspect . Also , under. the New York law , and it has been changed , there has to be somebody available , at this capacity , to look at cross connection:; . Supervisor Raffensperger added there has to be a backflow ad inist:rat:or , under the law . So , one person at Bolton Point would do it instead of having each engineer in each municipality do it . Town Board Minutes 15 May 13 , 1991 Councilwoman Valentino replied , so this delegation of power has to do specifically with the cross connections and how they are administered . As no one in the public wished to speak , the Supervisor closed the public hearing . LOCAL LAW # 8 - 1991 Motion by Councilman Niklas ; seconded by Councilman Liguori , LOCAL LAW # 8 - 1991 A LOCAL LAW AMENDING AND SUPPLEMENTING THE CROSS-CONNECTION CONTROL LAW PREAMBLE WHEREAS , 1-.he State of New York has adopted the New York State Sanitary i,.ode (NYCRR 10 [Health ] , Volume A , Chapter 1 , State Sanitary Code , Part 5 ) which contains Subpart 5- 1 , entitled "Public Water Supplies , " which , in turn , contains Section 5-1 . 31 , entitled "Connection Control " ( the "NYS Cross Connection Control Law" ) , and WHEREAS , i:he New York State Department of Health has issued a policy statement regarding public water supply cross-connections in the Department of Health ' s Bureau of Public Water Supply ' s publication entitled "Public Water Supply Guide : Cross-Connection Control , " dated January , 1981 , and WHEREAS , the Municipality has enacted a Local Law for Cross Connection Control , designated Local Law No . 3 of 1979 ( the "CCC Law" or the "Cross-Connection Control Law" ) , and WHEREAS , the Town of Dryden , the Town of Ithaca , the Town of Lansing , the Village of Cayuga Heights and the Village of Lansing are members of the Southern Cayuga Lake Intermunicipal Water Ccnmiission ( the "Commission " ) , and WHEREAS , the Municipality desires to amend and supplement the CCC Law in order to provide additional safeguards to potable water supplies by implementing a more comprehensive and effective back-flow prevention program that conforms to the requirements of the New York State Cross-Connection Control Law and New York State Department of Health policy guidelines : NOW THEREFORE , the Municipality enacts this Local Law to be known as the "Supplementary Cross-Connection Control Law . " PART I . AMENDMENT OF THE ORIGINAL CCC LAW AND DELEGATION OF AUTHORITY Article 1 . Definitions , Interpretation and Separability . All terms defined in the CCC Law and used in this Law shall have the meanings given them in the CCC Law . This Law is to be interpreter[ reasonably . In applying this Law , enforcement officials shall recognize that different circumstances result in Y Town Board Minutes 16 May 13 , 1991 varying degrees of hazard , and that the degree of protection or prevention required in each situation should be commensurate with the degree of hazard . If any article , section , paragraph , subdivision , clause , phrase or provision of this Law shall be adjudicated invalid or unconstitutional , the validity of this Law as a whole or any part thereof other than the part so adjudicated to be invalid or unconstitutional shall not be affected . Article 2 ,, Specific Amendments to the CCC Law . ( a) Article 2 , Section 6 , entitled "Barometric Loop " of the CCC Law is hereby deleted in its entirety . (b) In Article 3 , Section I , Part 1 of the CCC Law, the following language is hereby added to the end of the first sentence : "or the auxiliary water supply is properly abandoned . " ( c ) In Article 3 , Section I , Part 2 of the CCC Law , the language "other than the supplied water " is hereby added to the first sentence after the phrase "on which any substance " and preceding the phrase! " is handled under pressure " . (d) Article 3 , Section I , Part 3 of the CCC Law is hereby deleted in its entirety and replaced by the following paragraph : Each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or a danger to human health is or may be .handled in liquid form , or in solid or gaseous form is such substance is intended to be used after conversion to liquid form , even .if such substance is not under pressure , shall be protected against back- flow of the water from the premises into the public water system . Examples of such premises include , but are not limited to , plating factories , premises on which cyanide is handled and hospitals . This paragraph is not intended to ,1pply to normal residential installations . (e ) In Article 3 , Section II , Part 1 the word " approved" is hereby added before the words " auxiliary water supply " . ( f) In Article 3r Section III Part 2 of the CCC Law, the phrase " or where the auxiliary water supply is not approved" is here by added following the corona in such section . (g) The first sentence of Article 31 Section II , Part 4 is hereby deleted in its entirety and replaced by the following sentence : "At each service connection from a public water system for supplying water to premi w ses on which any substance that is usually toxic or a danger to human health is or may be handled , in liquid form , or iz1 solid or gaseous form if such substance is intended to be used after conversion to liquid form , even if it is not under pressure , the public water supply shall be protected by an air-gap separation or an approved reduced pressure principle back-flow prevention device " . (h) The first sentence of Article 3 , Section II , Part 5 of the CCC Law is hereby deleted and replaced with the following sentence : "At each service connection from a public water system for supplying water to premises on which any substance that is unusually toxic or dangerous to human health is or may be handled under pressure , the public water supply shall be protected by an Town Board Minutes 17 May 13 , 1991 air-gap separation or an approved reduced pressure principal back- flow prevention device " . ( i ) The text of Article 3 , Section III of the CCC Law is hereby deleted in its entirety and in place thereof reference shall hereafter be made to the provisions of Part II , Article 2 of this Law . Article 3 . Delegation of the Municipality ' s Authority under this Law . ( a) The Municipality is hereby authorized to delegate all or any of its power , authority and/or responsibilities under this Law and under the CCC Law , to the extent permitted by applicable law , to an authorized delegate , such as the Commission or an authorized representative of the Commission . In the event that the Municipality does delegate all or any part of its power , authority and/or responsibilities to an authorized delegate , such delegate shall be deemed to be acting with the full power and authority of the Municipality in regard to such matters , to the extent such power and authority exists under applicable law and to the extent such power and authority may be delegated under applicable law . In the event that the Municipality so delegates its power , authority or responsibility in regard to a particular matter discussed in this Law, then , for the purposes of interpreting the text of this Law referring to such matter , each and every reference in such text to "the Municipality" may be understood to be a reference to the Municipality ' s authorized delegate , such as , for example , as a reference to " the Commission " . (b) The delegation of power , authority or responsibility described in Section (a) above may be made by written agreement among the municipalities that are members of the Cc missiOn . In such an agreement , the Municipality may authorize the entity to which the Municipality is thereby delegating its power , authority or responsibility , such as the Commission , to ( i) appoint an administrator for a back- flow prevention program designed to implement the provisions and fulfill the requirements of this Law and the CCC Law who shall be an employee of the authorized delegate , or ( ii) select and engage an engineering or contracting or similar firm or person to act as administrator for the back-flow prevention program, or ( iii) administer the back-flow prevention program itself , or ( iv) ccobine options ( i) , ( ii) and ( iii ) in structuring , and assigning the various tasks of , the administration of the program . In the event that the Municipality so empowers its authorized delegate , and its authorized delegate takes any of the foregoing actions , the Municipality ' s authorized delegate may grant to the program administrator any and all such power , authority or responsibility as has been delegated to the authorized delegate , and as the: Municipality ' s authorized delegate deems necessary or appropriate , to develop , implement , administer and enforce the terms of a back-flow prevention program on behalf of the Municipality . Such delegation to the program administrator shall be made On]'-Y to the extent permissible under applicable law . PART II SUPPL94ENTARY PROVISIONS TO THE CCC LAW Article 1 . Installation and Servicing of Water Distribution Systems . Ir�I�YY�®NNY�IIni'01l�®�IIPAANflYi11 fIN�®fyllly Town Board Minutes 18 May 13 , 1991 All persons within the Municipality that own or operate any water distribution system, or component of a water distribution system , that is connected to the public water supply system of the Municipality (each , a "user " ) , as well as all persons that perform installation , repair , modification or servicing of any part of such users ' water distribution system , shall take all steps necessary or appropriate to minimize the occurrence of back-flow into the public water supply system and any resultant damage . Such steps shall include , but shall not be limited to , control of fire hydrant flow , maintaining maximum possible pressure during repairs , follow-up flushing and bacterial testing . Users of the public water supply system , and persons that intend to perform installation , repair , modification or servicing of any part of such users ' water distribution system, shall contact the Municipality , or its designated agent , to obtain the information regarding the potential causes of and problems resulting from back-flow into the public water supply , as well as the measures necessary or appropriate to prevent back- flow in accordance with the New York State Cross Connection Control Law and N . Y . S . Department of Health requirements , that such persons may require in order to achieve and maintain compliance with this Law . Article 2 . Survey of Users . ( a) Each user of the public water system who , under applicable New York State law , may be considered to be a potentially hazardous user shall cooperate , to the extent reasonably possible , in enabling the Municipality , utilizing either its own personnel or independent contractors or a combination of both , to perform surveys of such user ' s water distribution system in order to determine if such user is a potentially hazardous user . (b) Any person selected by the Municipality to perform such surveys , whether an employee of the Municipality or an independent contractor , shall demonstrate to the satisfaction of the Municipality that such person has received such training as is necessary or appropriate to perform the surveys in a thorough and accurate manner . Article 3 . Certification of Potentially Hazardous Users . ( a) Each user that receives written notice of having been identified ,, under applicable New York State law , as a potentially hazardous user shall be obligated , immediately upon receipt of such notice , to obtain and deliver to the Municipality , or to the Municipality ' s designated agent , as stated in such notice , written certification ( i ) certifying whether the hazard described in the notice does or does not exist , and ( ii ) if such hazard does exist , certifying that a New York State Health Department approved back- flow :prevention device (A) has been properly installed and ( B) is fully-operational . The written certification must be signed by a licensed professional engineer who has adequate training , in the opinion of the Municipality or its designated agent , in sanitary engineering , including in back-flow prevention systems , water distribution and hydraulics . Any inspection and/or testing performed in connection with the preparation of the written certification must be performed by a person who has received certification from the State of New York Department of Health as a certified back- flow prevention device tester ( such person referred to in this Law as a " certified back-flow prevention device tester " ) , aho has performed such inspection and/or testing under the supervision of the professional engineer who signs the written certification . The certification shall be dated , signed and sealed by the certified back-flow prevention device tester not later than Town Board Minutes 19 May 13 , 1991 seventy-two ( 72 ) hours following the performance of any necessary tests at the site and , if no testing was performed , not later than forty-eight ( 48 ) hours following physical inspection of the site . (b) In the event that a user receives written notification from the Municipality , or its designated agent , that such user ' s certification ( i ) is materially deficient in regard to the scope , nature or detail of information provided , ( ii ) contains any material ,errors or ( iii ) provides information indicating that the user ' s back-flow prevention device or system is inadequate or unsatisfactory , then this subsequent notice shall have the same effect as the initial notice described in subsection ( a) above , that is , immediately upon receipt of this subsequent notice , the user shall be obligated to obtain and deliver to the Municipality , or to the Municipality ' s designated agent , as stated in such notice , a certification as described in ( a) above , which certification , in addition to the requirements of ( a) above , specifically states the manner in which the defect identified in the subsequent notice has been cured . ( c ) In the event that the user has failed to deliver either ( i) the certification described in subsection ( a) above with thirty ( 30 ) days of the date of the initial notice to the user , or ( ii) the certification described in subsection (b) above with fifteen ( 15 ) days of the subsequent notice to the user , then such user shall be in violation of this Law, and subject to such penalties as are provided for herein and under all other applicable law . (d) Each user shall pay a filing fee established by the Municipality for the filing of the above-described certifications . Such fees may vary depending upon the nature of the user ' s business , the volume of water used by the user , and the size , age and location of the user ' s facilities . (e ) All surveys of. user ' s water distribution systems and all certifications delivered in accordance with this law shall be and remain the property of the Municipality . ( f) Each user who has been identified as a potentially hazardous user and has been sent a notice in accordance with subsection ( a) above shall be required to deliver to the Municipality , or its designated agent , an updated certification as described in subsection ( a) above not less than once during every twelve ( 12 ) month period following the date of the initial notice to the user stating that the user has been identified as a potentially hazardous user . The Municipality may deliver notices of such requirement for updated certifications to users periodically . In any case that the Municipality has notified a user_ that a certification is defective as described in subsection (b) above , the Municipality may require , by delivery of written notice to the user , that the user deliver to the Municipality additional written certifications , as described in subsection ( a) above , once in each four ( 4 ) :month period during the twelve ( 12 ) months following delivery of the defective certification . (g) In the event that any user that has previously been identified as a potentially hazardous user by having received a notice as described in ( a) above intends to install any back-flaw prevention device at its premises , prior to installation of such device the user shall deliver to the Municipality , or to the Municipality ' s designated agent , a written statement , prepared by a New York State-licerised professional engineer , describing the device and a shall not COPY of the user ' s plans for its installation . The user install such device until the user has received the Municipality ' s , sig or the Municipality ' s denated agent ' s , written approval to such plans , and such approval as may be required from the Tompkins Town Board Minutes 20 May 13 , 1991 County Health Department . If the installation of the device deviates substantially from such plans , the user shall obtain the Municipality ' s , or the Municipality ' s designated agent ' s , written approval , and such approval as may be required from the Tompkins County Health Department , to such deviation . Article 4 . Penalties . ( a) In the event that a user of the public water supply fails to comply with any terms or provision of this Law, the user shall be in violation of this Law , and such user shall be subject to the imposition of such penalties as are provided in accordance with the Cross Connection Control Law , and/or in accordance with this Law and/or in accordance with any other applicable law . In addition , a violation of this Law shall constitute a violation under the Penal Law of the State of New York . If no other penalties are provided , a violation of this Law shall be deemed to be a misdemeanor , and the violator shall be subject to a fine of up to One Thousand and 00 / 100 ( $ 1 , 000 . 00 ) Dollars and imprisonment for up to one ( 1 ) year . Each week ' s continued violation shall constitute a separate offense . The provisions of the Criminal Procedure Law , and any other law applicable to misdemeanors , shall govern criminal prosecutions of violations of this Law . (b) In addition to any other penalties provided in the Cross-Connection Control Law, or any other applicable law , if a user fails to provide to the Municipality , or to the Municipality ' s designated agent , any certification required in accordance with Article 3 of this Law, the user shall be subject to a fine . THis fine shall. not exceed twenty-five ( $ 25 . 00 ) dollars for each day beyond the one hundred eightieth ( 180th) day following the date of the original notice to the user ( as described in Article 3 , subsection ( a) of this Law) multiplied by the number of inches of diameter of the largest pipe supplying public water to such user ' s premises . ( c ) In addition to any other penalties provided for herein , the Municipals':y may institute any appropriate action or proceeding to prevent the unlawful installation , repair , modification , maintenance or use of a water distribution system that is connected to the public water supply in violation of the requirements of this Law , the Cross�Connection Control Law or other applicable law . Article 5 . Residential Users . ( a) ResidEmtial users shall be considered potentially hazardous users if a determination is made by the Municipality that ( i ) an activity cronducted at the residential property or ( ii ) a circumstance specific to the residential property establishes an equivalent degree of hazard as might be found in the situation of a potentially hazardous non-residential user . Examples of such activities and circumstances include , but are not limited to , the presence of boiler feed inhibitors , antifreeze loops and single-walled heat exchangers . Residential swimming pools and double-walled heat exchanger systems shall not be considered potential hazards . (b) Residential users also shall be considered potentially hazardous users if : i . The residential user obtains its water supply from a private well in addition to the public water supply service . in this case , the residential user must either comply with all currently applicable requirements of the Town Board Minutes 21 May 13 , 1991 NYS Cross-Connection Control Law and of the NYS Department of Health Cross Connection Control Guide , or abandon use of the private well supply in a proper manner . ii . The residential user owns , operates , installs or relocates a law sprinkler system which employs underground lawn sprinklers . Such a residential user shall be required to install acceptable reduced pressure zone devices in accordance with the conditions of subpart 5- 1 . 31 ( a) of the NYS Cross-Connection Control Law . Residential users who own , operate , install or relocate a "pop-up" lawn sprinkler system , rather than a strictly underground sprinkler system, shall likewise be required to install an acceptable reduced pressure zone device under said subpart 5- 1 . 31 ( a) , unless such owners apply in writing to the Municipality of such waiver . The requirement described in this subsection ( ii) shall not apply to lawn sprinkler systems that are six ( 6 ) inches or more above grade . Article 6 . Private Hydrantse owners and operators of private hydrants which are not under the control oi: the public water supplier shall be required to install acceptable! reduced pressure zone devices in accordance with part 5-1 . 31 ( a) of the NYS Cross�COMection Control Law . The foregoing requirement shall apply whether the private hydrants are used to augment fire fighting systems , for lawn fertilization , for tree spraying or for any other purposes . Article 7 . Multiple Customer Distribution Systems . ( a) A "nnxltiple customer distribution system , " according to the New York State Department of Health , includes all strip shopping centers , malls and similar water distribution networks . For the purposes of this Law , the term "multiple customer distribution system" shall also include any system providing water to any single non-residential building or group of non-residential buildings that are occupied by two ( 2 ) or more entities which entities are not all owned by a common owner or by one another or are not all engaged in the conduct of the same activities at the location served by said water system . All multiple customer distribution systems shall be identified as potentially hazardous users , because there is generally no ccxrununication with the Municipality regarding changes in individual customers using such systems . Owners of such systems , and/or their agents , shall install acceptable reduced pressure zone protection in such systems within the common service portion of such systems and as close within such systems to the water meter as is reasonably practical . (b) In the event that ( i) the owner of multiple customer distribution systems , and/or the owner ' s agent , submits to the Municipality , or the Municipality ' s designated agent , a detailed written description , satisfactory to the Municipality , or its designated agent , of (A) the system and its users and (B) any change in any of the users of such system within thirty ( 30 ) days of such change , and ( ii ) the Municipality , or its designated agent , determines that no user of such system is a potentially hazardous user , and that the system otherwise complies with all applicable back-flow prevention laws , the multiple customer distribution system shall be entitled to a waiver of comp f ante with the requirements of ( a ) above . Failure on the part owner and/ or the owner ' s agent to deliver the notification of Ir�irlMY� iaaniI H Town Board Minutes 22 May 13 , 1991 change of users described in (B) above shall automatically make void any waiver from compliance with the requirement to install adequate reduced pressure zone protection in the multiple customer distribution system . PART III EFFDCI'IVE DATE This local law shall take effect immediately . The Supervisor called for a roll call vote Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 8 - 1991 was thereupon declared duly adopted . PUBLIC HEuuNG TO CONSIDER ADOPTION OF INTERMUNICIPAL AGROE E SCLIWC Proof of posting and publication of a notice of public hearing to consider the adoption of Intermunlci_pal Agreement ( SCLIWC) having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Raffensperger explained that this is an agreement of intermuni_ci _pal cooperation for the development , implementation , administration and enforcement of a back-flow prevention program . She stated that it was not real clear to her why it was necessary to do both of these . Town Attorney Barney replied that originally it was all in the local law but when he read through the local law he was troubled because the way it was phrased there were an awful lot of things that the municipality had to do and at the very bottom it said a violation of this local law could subject you to terrible things . It basically said that the Town would be penalizing itself . It seems wise to break out those items that were sort of administrative delegations that we are going to ask the Commission to do for us and put them into an agreement . Councilman Niklas asked about the frequency the surveys would be made . He asked about it saying in a reasonable time ? Town Attorney Barney replied that he thought the mechanics of what is intended was an initial set of surveys and then as you go to building permits , anyone who is a hazard user would be identified as such . As no one present wished to speak , the Supervisor closed the public hearing . �� �If1rY�I�IYEYY�11f1A' Town Board Minutes 23 May 13 , 1991 Councilwoman Valentino remarked that she had the same concerns that she had with the other one , every time she read the delegation of power she gets nervous . Town Attorney Barney replied that we have provided the right to withdraw that delegation of power , any one municipality has the right , so that if you don ' t like what is happening at Bolton Point the Town Board can say we revoke it and will take care of our own back-flow prevention or whatever . Town Engineer Walker stated that he also had reservations and would be watching very closely . RESOLUTION NO , 122 Motion by Supervisor Raffensperger , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the adoption of the Intermunicipal Agreement (SCLIWC) . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE RESTRICTING PARKING ON MAPLE AVENUE Proof of posting and publication of a notice of public hearing to consider the adoption of an ordinance restricting parking on Maple Avenue having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Raffensperger stated that she had discussed the proposed ordinance with Bill Wendt at Cornell . Cornell is willing to help with the enforcement of these regulations in the Fall when the students return and also will cooperate with us in building a better parking area there . As no one present wished to speak , the Supervisor closed the public hearing . RESOLUTION NO . 123 Motion by Councilman Niklas ; seconded by Councilman Liguori , ORDINANCE AMENDING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA Pursuant to Section 130 of the Town Law of the State of New York , and Section 1660 of the Vehicle and Traffic Law of the State of New York , the Town Board of the Town of Ithaca , Tompkins County , New York , does ordain and enact as follows : Section 1 . Territory Affected . This ordinance shall be applicable to all territory within the Town of Ithaca outside of the incorporated Village of Cayuga Heights , Section 2 . Amending of Prior Ordinance . The ordinance amending and restating ordinance regulating traffic and parking in the Town of Ithaca adopted February 8 , 1988 , effective February 23 , 1988 , amended April 11 , 1988 , November 10 , 1988 , July 10 , 1989 , August 7 , 1989 , April 91 1990 , and June 11 , 1990 is hereby further amended as follows : Town Board Minutes 24 May 13 , 1991 Section 3 relating to the parking of vehicles is amended by adding four new subparagraphs to be subparagraphs (o ) , (p) , (q) , and ( r) reading as follows : " (o) On the south side of Maple Avenue from the City of Ithaca line to the intersection with Judd Falls Road . (p) On the north and northeasterly side of Maple Avenue from the City line to a point 50 feet northwesterly of the intersection of the northeasterly line of Maple Avenue and the center line of the East Ithaca Bikeway , which Bikeway runs northerly from Maple Avenue from a point located across Maple Avenue from a point approximately 50 feet northwesterly from the north corner of the East Lawn Cemetery , said Bikeway running northerly from said point across Town of Ithaca tax parcel No . 63-2-5 and ultimately terminating at Dryden Road ( said Bikeway hereinafter referred to in this Ordinance as the ' East Ithaca Bikeway ' ) . (q) On the northeasterly side of Maple Avenue from a point 50 feet southeasterly of the intersection of said northeasterly line with the center line of the East Ithaca Bikeway to the intersection of the north line of Maple Avenue and the west line of Judd Falls Road . ( r) For a period in excess of three hours on the northeasterly side of Maple Avenue fron a point 50 feet northwest of the intersection of the northeasterly line of Maple Avenue with the center line of the East Ithaca Bikeway to a point 50 feet southeast of the intersection of said northeasterly line of Maple Avenue with the center line of the East Ithaca Bikeway . " Section 3 „ Effective Date . This ordinance shall be effective 10 days after publication and posting in accordance with Section 133 of Town Law . Supervisor Raffensperger called for a roll call vote Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Supervisor Raffensperger Voting Aye The Ordinance was thereupon declared duly adopted . MARCH FINPNCIAL REPORT RESOLUTION NO . 124 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the March 1991 Financial Report , as presented . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ATTENDANCE AT TCAD FORUM Town Board Minutes 25 May 13 , 1991 RESOLUTION N0 , 125 Motion by Councilman Liguori ; seconded by Supervisor Raffensperger RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Councilwoman Valentino , Councilman Whitcomb , Town Planner Floyd Forman and John Cyzmanski to attend the Tompkins County Area Development forum on Wednesday , May 22 , 1991 at a cost of $ 15 per person . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TOWN BOARD MINUTES RESOLUTION No , 126 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the April 8 and April 29 , 1991 Town Board Minutes as presented by the Town Clerk . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none) . EMPLOYMM, OF CIVITAS WORK STUDY STUDENT Acting Town Planner George Frantz stated that a week before last he received a telephone call from Mary McGinnis , CIVITAS at Cornell stating a couple students had expressed interest in working with the Town of Ithaca . She asked if we would be interested in taking them on for the summer . He stated that he did not have money in the budget: for sinner students , however , if they were to work for the Town of Ithaca through CIVITAS , the Town would be responsible for only `% of their summer wages and that comes out to $ 90 . Mr . Frantz went on to say that he had two resumes from two work study eligible undergrads . We could have somebody from May 20th to August 16th . Supervisor Raffensperger remarked that she assumed that even though he had resumes from two students that he only wanted authorization for the employment of one student . Mr . Frantz replied , we only need one . They are undergrads and he intended on using them as aides to Nancy Fuller and Mary Bryant , RESOLUTION NO . 127 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the employment of a CIVITAS work study student from May 20th to August 16th . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SUMMER EMPLOYMENT FOR CAC Supervisor Raffensperger stated that the CAC had some money in their budget for a student and they have looked at a number of possibilities and have finally come to the conclusion that Scott Town Board Minutes 26 May 13 , 1991 Dvorak , wlzo was appointed by the Town Board and his appointment ended the end of June , they came to the conclusion that the best use of their money was to extend Scott ' s appointment . RESOLUTION No , 128 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the extension of the appointment of Scott Dvorak until August 15 , 1991 at a cost not to exceed $ 1 , 768 to be charged to the Conservation Advisory Council budget . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none) . PUBLIC HEARING TO CONSIDER A LOCAL LAW TO REQUIRE OPERATING PERMITS FOR CERTAIN USES IN THE TOWN OF ITHACA AND PROVIDING FOR INSPECTIONS OF MULTIPLE DWELLINGS AND O'T'HER USES Proof of posting and publication of a notice of public hearing to consider a local law to require operating permits for certain uses in the Town of Ithaca and providing for inspections of multiple dwellings and other uses having been presented by the Town Clerk , the Supervisor opened the public hearing . Building Inspector/ Zoning Officer Andrew Frost stated that this law provides for a permitting process which brings the property owner into the process of getting the property inspected and also requires them to pay an operating fee . Supervisor Raffensperger remarked that she recalled that the Board had made scene changes to the law which did not seem to be reflected in the most recent version . That had to do with "dormitories providing accommodation for sleeping for more than . . . . . . " and she had deleted ten and put four in . Councilwoman Valentino stated that she remembered reading about the discussion of four instead of ten . Town Attorney Barney replied that "d " would be changed to four and "e " would also be changed to four with the words " for hire " added . Councilman Niklas requested that the word "that " be added after "determined" , "Use or Operating Permits may be suspended or revoked when it is determined that there is a violation . . . . . . . . " . Also , on the next page , seven lines from the bottom where it says " . . . . . belonging to Cornell University . . . . . . . . " he would like to have Cornell University deleted and instead say " said educational institutions " . It is not guaranteed that Ithaca College might not have a private research facility scmtime . As no one present wished to speak for or against the proposed local law, the Supervisor closed the public hearing . Councilman Liguori stated that he still felt it was highly presumptuous on the part of the Town to require an operating permit . These facilities already have operating permits issued by other agencies who have a much broader responsibility than simply a fire inspection , or scmething of that sort . He asked if the hospital had been notified that they may have to get another operating permit and the nursing homes , have they been notified they will have to get another operating permit? Town Board Minutes 27 May 13 , 1991 Mr . Frost replied that both the hospital and Lakeside Nursing Home was inspected between February and March , he thought , and he had informed a person at both facilities . He stated that he did not get a particularly strong opinion from either of them but that they had not been notified formally . The permits they are already getting are for food and not for fire or life safety . Councilman Liguori replied , but there there is a major objective and that is food handling . What is it that you can do for a hospital that you can ' t do by walking in on an normal inspection , occasionally , without saying you have to get a license or permit from us every three years and we can with draw that if we don ' t like the tiny , what , you are meeting the building code or the zoning ordinance ? Mr . Frost replied that he did not particularly want to argue the merits of whether or not they should have a permit as much as the inspection. did reveal observations that were made , not by the State Health Department , not by the insurance companies . Councilman. Niklas asked if the hospital and other facilities were specifically inspected in terms of fire code and human safety? Mr . Frost replied , partially by their insurance company but other than that he did not know . Councilman Liguori replied , the fire department inspects . They also work out a disaster plan . He went on to say that he was not saying that Mr . Frost shouldn ' t inspect them but he was still wondering -why the Town had to go through a routine operating permit and give them another card to put on the wall when they probably already have a dozen of them up there from various agencies . Supervisor Raffensperger remarked , because it indicates the inspection has been made ? Councilman Liguori replied no it doesn ' t , it doesn ' t indicate that at all . We are only adding things that are not necessary , will accomplish not much good and he felt it was unnecessary . Supervisor Raffensperger remarked that one reason we are having the permit system is in order for who receive the services to pay some portion of the cost . Councilman Liguori replied , you can do that by a fee for inspection . It gives scnebody the false impression that you are looking at. that hospital and that you are certifying that that hospital meets all requirements . LOCAL LAW v` 9 - 1991 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , LOCAL LAW # 9 - 1991 A LOCAL LAW TO REQUIRE OPERATING PERMITS FOR CERTAIN USES IN THE TOWN OF ITHACA AND PROVIDING FOR INSPECTIONS OF MULTIPLE DWELLINGS AND OTHER USES Local Law No . 1 of the Town of Ithaca for the year 1981 entitled "A LOCAL LAW TO ADOPT THE NEW YORK STATE FIRE CODE " as amended by Local Law No . 14 for the year 1987 , and by Local Laws No . 5 , 6 , and 8 of the year 1990 is further amended as follows : Town Board Minutes 28 May 13 , 1991 1 . The title to Section 6 - "Use Permits " is amended to read "Section Ei . Use and Operating Permits " . 2 . Section 6 . 7 is renumbered to be Section 6 . 10 and is further amended to read as follows : "Revocation of Use and Operating Permits . Use or Operating Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued , or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit , or where there is a violation of applicable law under which the Use or Operating Permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit . " 3 . New sections 6 . 7 , 6 . 8 , and 6 . 9 are inserted reading as follows : 116 . 7 . On and after January 1 , 1993 , no person , firm, corporation , association , or other organization shall use or occupy any of the following facilities unless the owner or authorized agent of the owner has applied for and has , after inspection as set forth in Section 7 below, obtained an Operating Permit for the following uses : ( a ) Multiple residences involving buildings containing three or more dwelling units . (b) Health care facilities where more than ten people normally sleep nightly , including hospitals , nursing homes , infirmaries , and sanitariums . (c ) Day care centers as defined in the Town of Ithaca Zoning Ordinance . (d) Dormitories providing accommodations for sleeping for more than four people . (e ) Motels or hotels providing sleeping accommodations for hire for more than four people . 6 . 8 An Operating Permit shall be valid for a period of three years from its date of issuance . 6 . 9 The Operating Permit shall be displayed on the property or premises covered by the Operating Permit . " 4 . Section 7 , "Fire Safety Inspections " is hereby amended by adding a new Section 7 . 2 to read as follows . " 7 . 2 The Building Inspector shall inspect the facilities enumerated in Section 6 . 7 at least once every three years . Such inspections may be made at any reasonable time . Upon completion of the inspection if the Building Inspector is satisfied that the buildings so inspected are in compliance with the Building Code , Zoning Ordinance , and other laws of the Tcun of Ithaca relating to the safety of buildings , the Building Inspector shall issue an Operating Permit upon payment of the applicable fees for the inspection and the permit. . " 5 . Former sections 7 . 2 , 7 . 3 and 7 . 4 are renumbered sections 7 . 3 , 7 . 4 , and 7 . 5 . Town Board Minutes 29 May 13 , 1991 6 . Sect.-Lon 13 , "Miscellaneous Provisions " is amended to read as follows : " 13 . :L . Inspections of premises belonging to the County , State or Federal governments , or any agency thereof , public or private institutions , including , without limitation , hospitals , nursing homes , buildings for senior citizens , hotels and motels or public or private educational institutions , including Ithaca College and Cornell University ( including any private research facilities located on property belonging to said educational institutions ) , shall continue to be made in the same manner and shall be conducted by the same personnel as has been the case prior to the adoption of this local law or arty amendments thereto , unless otherwise specifically provided herein . This provision shall continue in force and effect until such time as this law shall be further modified by local law or resolution of the Town Board or until resolutions are promulgated by the Town Board . " 7 . This local law shall take effect ten days after its adoption . The Supervisor called for a roll call vote Councilwoman Leary Voting Aye Councilman Liguori Voting Nay Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye ,Supervisor Raffensperger Voting Aye Local Law No . 9 - 1991 was thereupon declared duly adopted . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING FEES FOR BUILDING PERMITS AND PROVIDING FOR USE PERMIT FEES AND OPERATING PERMIT FEES Proof of posting and publication of a notice of public hearing to consider a local law amending the Zoning Ordinance regarding fees for building permits and providing for use permit fees and operating permit fees having been presented by the Town Clerk , the Supervisor opened the public hearing . The Supervisor closed the public hearing as no member of the public wished to comment . The Superv_sor noted that there were moderate increases in the fees and that the biggest change is the addition of higher amounts in the value of improvements . LOCAL LAW # 10 - 1991 Motion by Councilman Niklas ; seconded by Supervisor Raffensperger , LOCAL LAW # 10 - 1991 A LOCAL LW TO AMEND THE ZONING ORDINANCE REGARDING FEES FOR BUILDING PEIRMITS AND PROVIDING FOR USE PERMIT FEES AND OPERATING PERMIT FEE`. Town Board Minutes 30 May 13 , 1991 The Zoning Ordinance of the Town of Ithaca as readopted , amended , and revised , effective February 26 , 1968 , and subsequently amended , be further amended as follows : 1 . The fee schedule set forth in Section 75 of said Ordinance is amended to read as follows : "Value of Improvement Fee $ 1 - $ 5 , 000 $ 20 . 00 5 , 001 - 1049000 30 . 00 101001 - 20 , 000 45 . 00 20 , 001 - 30 , 000 65 . 00 30 , 001 - 40 , 000 85 . 00 40 , 001 - 50 , 000 100000 50 , 001 - 150 , 000 250 . 00 150 , 001 - 250 , 000 350 . 00 250 , 001 - 500 , 000 500 . 00 500 , 001 - 11000 , 000 750900 1 , 000 , 001 - 21500 , 000 11000000 21500 , 001 - 51000 , 000 21000 . 00 51000 , 001 - 10 , 0001000 31000 . 00 10 , 000 , 001 - 20 , 000 , 000 4 , 000900 20 , 000 , 001 and over 5 , 000 . 00 " 29 The last sentence of Section 76 is hereby amended to read as follows : "The :fee for the issuance of a Certificate of Occupancy shall be $50 . 00 . " 3 . There is hereby adopted a new Section 76-A , entitled " Fees for Use Permits and Operating Permits " reading as follows . "Section 76-A . Fees for Use permits and Operating Permits . 1 . The fee for a use permit issued pursuant to Local Law No . 1 of the year 1981 as the same has been subsequently amended is $ 25 . 00 . 2 . The fees for the issuance of an Operating Permit required pursuant to Local Law No . 1 of the year 1981 as the same has been subsequently amended shall be as follows : ( a) Fees for uses other than multiple residences $ 100000 (b) Fees for multiple residences shall be as follows . ( i) Three to five dwelling units in each building 50 . 00 per building ( ii ) Six to ten dwelling units per building 100 . 00 per building ( iii ) Eleven dwelling units or ore per building 150 . 00 per building " Town Board Minutes 31 May 13 , 1991 3 . This local law shall take effect upon its publication as required by law. The Supervisor called for a roll call vote Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwonan Valentino Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 10 - 1991 was thereupon declared duly adopted . Supervisor Raffensperger suggested the Board now go to the three items that she had to add as an addendum to the Town Board meeting tonight . She noted that they all came from the Commission meeting that was held this noon . ZEBRA MUSSIU..S IN CAYUGA LAKE RESOLUTION NO . 129 Motion by Councilman Liguori ; seconded by Councilwonan Valentino , WHEREAS , the Town of Ithaca , the Town of Dryden , the Town of Lansing , the Village of Cayuga Heights and the Village of Lansing constitute the member municipalities of the Southern Cayuga Lake Intermunicipal Water Commission ( the " SCLIWC " ) , and WHEREAS , the Zebra Mussel Clearing House estimates that zebra mussel veligers may be detected in the area from which the SCLIWC draws its :supply of water as early as the summer of 1991 , and WHEREAS , the SCLIWC , with the assistance of Lozier Engineers , have developed a plan of action to respond to the spread of zebra mussels in the Great Lakes Basin , and WHEREAS , this plan is consistent with those implemented by water suppliers in the Great Lakes Basin that have experienced infestations of the zebra mussels , and these similar plans have received approval of regulatory agencies having jurisdiction , and WHEREAS , the SCLIWC ' s plan shall require revi HE ew under the applicable provision of the State Environmental Quality Review Act ( " SEQR" ) , and WHEREAS , Section 617 . 6 of SEQR requires that the several agencies having decision-making authority in connection with such a plan appoint a lead agency to conduct the required SEQR review , and WHEREAS , the SCLIWC is the entity that is responsible for drawing water from Cayuga Lake that may become affected by zebra mussel I nfestation , and it is the entity most familiar and involved with the problems associated with such withdrawal of water , NOW THEREFORE BE IT RESOLVED , that the undersigned municipality hereby designates the SCLIWC as the lead agency for the environmental review required under SEQR , as the SCLIWC is the agency in the best position to perform the necessary coordinated review . I Town Board Minutes 32 May 13 , 1991 (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER ADOPTION OF A LOCAL LAW AMENDING THE WATER RATE STRUCTURE TO INCLUDE A PENALTY FOR FAILURE TO PROVIDE WATER METER READINGS Supervisor Raffensperger stated that the Commission has had a great deal of difficulty with its system of people reading their own meters . Some people do not read them for years , every since they were asked to do it , even though contacted . What happens is that very often. they get minimum bills and eventually the Commission goes and reads the meters because they won ' t do it themselves . The people end of owning $500 , $600 , $ 700 and they are unhappy with this sudden big bill . The Commission is very willing to go out and read meters if someone is unable to read them , if they are confused by the way the meters read , it only takes a phone call to get assistance to do it . This has meant a lot of problems as far as projecting water use , etc . , is concerned and so the Commission has asked that if someone does not read their meter for three consecutive quarters that a penalty for the failure to read the meter be assessed . The penalty they are suggesting is $ 100 to start . Councilman Niklas asked if at the meeting anything was discussed about sending out notices in the water bills should this become enacted , so that people are aware of the penalty? Supervisor Raffensperger replied that the Commission had sent letters out to all the people who continually do not read their meters informing them of this . She felt they planned on doing this throughout the whole system . About 75 % of these people promptly read their meters once they knew about the new system . Councilman Niklas replied that his question was , when this is voted into law Frill all the people in the water system get a notice saying this is now a new law on the books and here it is . Supervisor Raffensperger replied that they are post cards so they won ' t be able to do this , also there is no room on the card to add any more writing . Councilman Liguori remarked , this is still a very severe penalty . Councilman Niklas replied that it was not that severe if all you have to do is call Bolton Point and ask them to come and read your meter , I don ' t know how to do it . Councilman Niklas asked Councilman Liguori what he felt would be reasonable . Councilman Liguori replied , $ 25 . 00 . He went on to say that Bolton Point was not losing any money , they were just not getting their money as fast as they would like to receive it . Linda Nobles remarked , we collect the money and Bolton Point bills use Councilman Liguori replied , but you aren ' t losing any money by them not reading the meter . You always have the money coming . Town Engineer Walker remarked , if it is continually under read by 10 % , that means we are charging 10 % to much for the water they do bill out because we are not charging for the actual water that is purchased . Bolton Point has a fixed budget for producing that water , we have a budget for maintaining our distribution system, if we are only getting paid for 80 % of the water being produced , that Town Board. Minutes 33 May 13 , 1991 water being produced still has a cost . That means that the rate has to be 20 % higher to cover that unbilled water . If everyone was paying for every drop of water that was being used and it was being billed out so that we could charge them for the right amounts , then may be we wouldn ' t have to raise the water rates . Supervisor Raffensperger stated that the Commission would be meeting again before the Board has their public hearing and she stated that she would be glad to pass along the Board ' s feeling that , initially at least , $ 100 is to much . One of the troubles with this is , what you do you get a whole bunch of municipalities agreeing to bring one proposal to a public hearing , but she would be glad to pass this along and see if anybody else has gotten this kind of input . Councilman Liguori remarked , you haven ' t committed any crime you just failed to do your duty as a Town citizen . He went on to say , in his judgement , they were beginning to lose touch with the public . Ii: ' s time we realized that we are here to help the public not to make it hard for them on everything they do . Councilman Niklas replied , we are helping the public by helping the majority of people who do read their water meters , not paying the bills of the people who don ' t . RESOLUTION N0 . 130 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 15 P . M . , on June 10 , 1991 to consider the adoption of a local law amending the water rate structure to include a penalty for failure to provide water meter readings . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION , FINANCING AND OPERATION OF AN iN=E MUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM Supervisor Raffensperger stated that every time a change is made in the water rate structure we have to amend the municipal agreement . RESOLUTION NO . 131 Motion by Councilwoman Valentino , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on June 10 , 1991 to consider the adoption of an amendment to agreement of municipal cooperation for construction , financing and operation of an inter-municipal water supply and transmission system . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . EXECUTE EASEMENTS ON SOUTH HILL TRAIL Supervisor Raffensperger stated that this itegn would be deleted as there were no easements to be executed . REIMURSEMENT FOR ITHACA COLLEGE WATER AND SEWER OVERBILLING Town Board Minutes 34 May 13 , 1991 Supervisor Raffensperger presented the following memo dated May 6 , 1991 and addressed to the Town Board . "Previously , you have received information on the meter reading errors by Bolton Point which led to the overbilling of Ithaca College for water and sewer use . Five quarters were involved , 12 / 89 , 3 / 90 , 6 / 90 , 9 / 90 and 12 / 90 . This overbilling required negotiating the revision of various payments made or to be made by the Town of Ithaca to Bolton Point and the Ithaca Wastewater Treatment Plant , related to Ithaca College charges . Those revisions have been made by the Boards involved . I propose that the Town now issue credits to Ithaca College during the remainder of 1991 to fully refund the overcharges . WATER overbilled use $ 85 , 002 . 13 Surcharge 11 , 793 . 29 $ 96 , 795 . 42 Credit , BP -$ 85 , 002 . 13 BP Benefit Levy - 2 , 308 . 00 ( $ 9 , 485129 ) Complicating the water fund budget is the increase in City of Ithaca water rates 1 / 91 of approximately 40 $ , as applied to water for West Hill that the Town purchases from the City . That increase will amount to about $ 38 , 000 during 1991 . The shortfall in water fund becomes $ 38 , 000 West Hill 9 , 485 IC $ 47 , 485 Unbudgeted penalty , IC - 11 , 456 ( $36 , 029 ) The unallocated water fund balance 12 / 31 / 91 was $ 124 , 308 so I believe we can accommodate the credits to Ithaca College during 1991 . Changes in the water rate schedule will be necessary in the future to offset the increase in City charges . The Town of Ithaca will attempt to coordinate those changes with Bolton Point and should , I believe , include the beginning of a phase - in away from the present. break for large users . SEWER overbilled use $ 67 , 712 . 11 Surcharge 5 , 950915 $ 73 , 662 . 15 Credit , IAKT $ 25 , 329900 ( $48 , 333 . 26 ) The sewer fund balance 12 / 31 / 91 was $964 , 304 . While the Town anticipates a draw-down in that fund to meet contractual obligations , there are sufficient funds to accommodate a credit during the remainder of 1991 . " RESOLUTION No . 132 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , Town Board Minutes 35 May 13 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby approve the above overbilling repayment schedule to Ithaca College for water and sewer . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none) . AUTHORIZE USE OF FACSIMILE SIGNATURE Supervisor Raffensperger stated that they have been using from time to time , but not very often , a signature stamp with her signature . The staff uses it and they keep a record of each time it is used and for what purpose . The bank now wants formal authorization . RESOLUTION N0 . 133 Motion by Councilman Niklas ; seconded by Councilwcman Valentino , RESOLVED , the Tompkins County Trust Company be , and it here is , authorized and directed to honor as genuine and authorized instr unent:� of the municipality , any and all checks , drafts and/or other orders for the payment of money drawn in the name of this municipality and signed with the facsimile signature of Shirley A . Raffensperger . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . DISCUSSION OF CAC RECOMNfENDATION FOR SUNSET PERIOD Councilman Niklas stated that the Codes & Ordinance Committee had received a. letter from the CAC dated April 30 , 1991 , it ' s a resolution that says , "RESOLVED , by the Town of Ithaca Planning Board that the matter of the Tawas policy with respect to a sunset period , et.c . , etc . , as proposed by the Conservation Advisory Council and as the same hereto attached be and Therefore Be It . , . . . " . He went on to say that that resolution , the sunset period thing , was a motion by Laura Marks , it was seconded by Ruth Mahr . It Nays , "WHEREAS , applicants who have received approval for land subdivision , site plan approval , special approval , rezoning or discretionary approval by any Town body for a proposed projects sometime and do not proceed to carry out these projects in a timely fashion , etc . , etc . " . It goes on to say , "BE IT RESOLVED , that the Conservation Advisory Council reccmTends to the Town Board that it be Town policy to have a sunset on set approvals " and it goes on and on and on . Councilman Niklas stated that they had started to discuss this and there was some difference of opinion with regards to the advisability of having sunset periods for things like land subdivision and site plan approvals . We have already essentially dealt with the issue of special approval in a previous law . He stated that he would let Town Attorney John Barney address his concerns about pursuing this and then he asked that Codes and Ordinances be directed by the Town Board to pursue this reccnmndat:ion from the CAC . The Town Attorney replied that currently the Zoning Ordinance has a provision in it which requires the work to commence on a special approval project or a variance project within one year of the issuance of the building permit or within eighteen months of the granting of: the special approval or variance so we have , in effect , a sunset period in effect now . The problem that one gets into when you start dealing with site plans and subdivisions is that unlike the circumstance where you have a special approval which is usually one building or one type of a situation and a variance which is Town Board. Minutes 36 May 13 , 1991 more that type of thing and you usually have one event that is going to occur . You have an ongoing process , you have a subdivision that is approved in 1989 and in 1995 it may still be going on . We have one subdivision in the Town that was approved in 1898 or 1906 up on Kendall Avenue and we are still operating under the terms of that subdivision . How far do we say somebody has to go before they are not subject to the sunset provision? Or how many years do we let them go by after they have partially started something before we say the sunset provision cut in even though at that point. in time they may have incurred a substantial expense ? Say somebody comes in with a 50 lot subdivision , that 50 lot subdivision requires usually considerable expense in the form of road development , water/ sewer if they happen to be in an area where that is available . Now lets assume for the mcment that they start that , and they put in ten , twenty , thirty thousand dollars in the road in the first phase . Does that get them out of the sunset provisions '? Should it get them out of the sunset provision? If they have started it and they have a plan for two or three phases but they have only completed one phase , does that mean they have to cane back now and start all over again with Phases two or three ? Or continuing on with the 50 lots , if they construct on one or two lots , is that sufficient to take them out of the sunset provision . You run into a whole bunch of policy questions which are not as easily resolved as they are with the special approval or variance . Supervisor Raffensperger asked , whatever happened to rezonings ? Why are rezonings not an important part of this ? Town Attorney Barney replied , these are slightly different fran rezonings in that you can always rezone back . Supervisor Raffensperger replied yes , but it is never done . For years she thought the worst example of not having sunset periods was in rezoning . Most of them are done plan-specific and then ten years later the person that proposed that plan , who had the Board rezone in on the basis of that plan , abandons it and the new owner feels he has rights , for example , to Ccmmercial "C " and no restrictions whatsoever . Town Attorney Barney replied no , he is always subject to the original plan . The plan must be modified if he comes in with something different . Councilman Niklas mentioned College Circle in his neighborhood which had Zi personal effect on him . He asked how do you articulate what is a reasonable accomplishment before the sunset period is invoked . He felt you don ' t , what you do is you craft the legislatiorL such that the Town Planning Board can negotiate with the developer what the minimal expectation with "x " number of years are to get this project on the road . That would provide that each individual site plan that was approved would be dealt with in it ' s own particular way as a negotiation between the developer and the Planning Board that would grant the site plan approval . He felt the same strategy could be used for land subdivision . It must be equitable between the developer and the Planning Board . Councilman Liguori replied , give me an example . You talk about this problem but you don ' t tell me what happened as a result of the developer not going through with his original rezoning . Did the Town lose money? Councilman Niklas replied no . The neighborhood that was surrounding this area that was rezoned , in his opinion , has been significantly altered . It has changed and it is going to continue to change , in his estimate , from single family owner occupied Town Board Minutes 37 May 13 , 1991 dwellings to eventually rentals . And the community fabric , as far as he was concerned , has been irreversibly altered . Town Attorney Barney asked , wouldn ' t that of happened under the original plan as well ? Councilman Niklas replied no . Because the original plan involved a hotel , conference center and there were condominiums ( the Hermann proposal ) and would have encouraged again owner occupied . Yes , there is a big difference between what was finally instated and what was originally proposed that caused the rezoning . Supervisor Raffensperger remarked that in all fairness , and this particular example aside , she had seen so many rezonings come here and see the process by which they take place , they are always plan specific . Somebody comes in , they have a plan , basically both the Planning Board and the Town Board by the time you get to a rezoning and you get the community involved , kind of negotiate certain items and you come up with a package that is acceptable to the community and to the two Boards and then you rezone on that basis . Because we do it that way , she really believes we ought to have a sunset provision on those or we should never rezone plan specific . Somebody cones in and says they want to do multiple residence here and the Board does not look at a plan , it just considers what a multiple residence district would do in that particular area . She did not think you could have it both ways , it ' s a big mistake . It ' s either one or the other . Assistant '.Down Planner Frantz stated that he agreed with the Town Attorney in that he did not believe that sunset provisions are necessary for rezonings because if nothing happens the Town Board still has the authority to rezone . Councilman Niklas went on to say that what he was looking for was a resolution from the Town Board authorizing the Codes and ordinance Committee to pursue the drafting of legislation for sunset periods . Supervisor Raffensperger remarked , such authorization does not mean that when it comes back to us that we like it , or we are going to set a public hearing or we are going to pass it . But , we should not do thi:D unless there is some expectation or sore feeling that basically we feel this is a problem that we think needs to be examined and we will consider what canes from Codes and ordinances . Councilman Niklas replied that he was only looking for the authorization to pursue this . Supervisor Raffensperger then asked the Board members how they felt . Councilwoman Leary replied that she thought they should look into it . Councilman Liguori replied that he thought they should look into what it is we are trying to accomplish . A statement of the problem before we turn it over and say develop an ordinance and meet that problem . tie thought that too often what the Board was doing is presuming that there is a problem out there and we are passing some laws that he thought perhaps the Board was over doing without really understanding what it is we are tying to accomplish and why we are trying to accomplish it . What is the real problem? Councilman Niklas replied , the real problem is that there is a lot of legacy out there . A lot of stuff that we inherit from year to year that produces problems . Town Board Minutes 38 May 13 , 1991 Councilman. Liguori remarked what do you do , every five years you abandon your Zoning Ordinance and start over? Councilman. Niklas replied that we are not saying abandon the Zoning Ordinance , what we are saying is that under certain circumstances we may be abandoning certain site plan approvals and ask that the process begin over again . That ' s not throwing out the Zoning Ordinance . Supervisor Raffensperger asked Councilman Liguori if he wished to have the Codes and Ordinance Committee pursue this at all ? Councilman Liguori replied , not to pursue bringing in regulations . He stated that he thought the Board should ask them to identify the problem in a better fashion than he has heard it this evening , so that we know what we are attempting to do . Supervisor Raffensperger stated that on site plans and subdivisions she was not real sure , on rezonings she would be delighted to write an outline of the problem the way she perceived it in the past . Councilwomen Valentino stated that she felt that the Board had enough input to know that there have been past problems and that there is the potential for future problems . She stated that it was very difficult to decide just how to approach this but she definitely feel that the Board should continue to look into ways to legislate . SET DATE FOR PUBLIC HEARING TO CONSIDER ETHICS LAW Supervisor Raffensperger asked Councilwoman Leary if there was anything new and what was the thrust as far as the financial disclosure was concerned? She went on to say that yesterday she heard that the State had decided to go back to the drawing boards and revise their financial disclosure forms and make then simpler . She asked Councilwoman Leary if she wished to delay setting the public hearing for a month? She asked what was she setting the public hearing on? Councilwoman Leary replied , all that we would have to do is look into this thing that is being bounced around and see if it has been adopted by the State . Councilwoman Valentino remarked that Martin Luster ' s office had called her ,, just a bit ago , and said that Marty had either signed on or is sponsoring the legislation on the changes in the disclosure . Apparently that bill is still in committee . Councilwoman Leary continued , saying that they could check with the Commission but it sounds like it would take awhile to change it . Supervisor Raffensperger remarked , basically what you are saying is that the document we got several months ago is the one you are proposing t:o take to the public hearing . Councilwoman Leary replied , no . What she was saying was that they could get the changes that the Committee has been working on , we can get that to the Board in time to have a public hearing . Town Attorney Barney remarked that he had not seen the more recent version . Supervisor Raffensperger stated that she did not like to set a public hearing unless she was sure the Board was going to have the material . Public hearings are very expensive and to have to Town Board Minutes 39 May 13 , 1991 adjourn them does not seem to be the best way to handle them . The Supervisor stated that it would be nice if the Board could get the material in advance of the meeting in which we set the public hearing , then if there are any big changes we make them then and we set the public hearing on what we are willing to take to the public . Councilwonan Valentino remarked , at the June meeting we will have the proposed legislation and then set the date for the public hearing for July . EXTEND CONSULTANT SERVICE FOR COMPREHENSIVE PLAN MAPPING RESOLUTION N0 . 134 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca approves the extension of the consultant agreement with Susan Beeners from May 21 , 1991 to July 2 , 1991 , providing for a total of 225 hours to be used for mapping work related to the comprehensive plan . In addition , the Town Supervisor is authorized to arrange for additional services as may be necessary to prepare such maps for publication , at a cost not to exceed $ 1 , 000 . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none) . EXTENSION OF SEWER SERVICE - COY GLEN ROAD Supervisor Raffensperger stated that she and the Town Engineer had received a communication from Mrs . 0 who lives on Coy Glen Road to discuss the extension of sewer services . Town Engineer Walker gave the Board a map of the area in question . He noted the big curve on Coy Glen Road , stated that the O ' s house was lot 13 . 2 and the house is roughly in the center of the lot . Just to the right , on lot 13 . 1 is Walter Schwan ' s hone and the sewer was brought up , in the past , to a point just about on the curve . That point is about 300 ' from the corner of the O ' s property . There septic system is in poor condition and instead of putting a lot of money into that they have inquired into the possibility of a cost sharing arrangement where they would consider installing the sewer with a contribution from the Town to pay for the extra cost above , any beyond , the cost of the 4 " sewer which would be installed normally . They have talked to Mr . Schwan and he has offered them an easement to connect into his existing lateral on his property which from an engineering standpoint he did not feel was i:he best solution . We try not to piggyback private laterals because you just run into problems down the road . It is a pretty logical extension to go up the road along the shoulder and then the properties further up Coy Glen Road . . . . . . . he asked Mrs . 0 if she had talked to any of the neighbors up the road? Mrs . Graham 0 stated that they have been living at 241 Coy Glen Road for about a year and a half . She stated that she had tried to contact some of the neighbor but did not have a lot of luck . But one person that she had talked to , the people in the house just down Elm Street a Mr . Lyman , and they said they had a puddle of water over their septic system also but they did not seem to think it was a problem . Their system is quite old also and she felt they were interested in connecting to the sewer , at sane point . Town Board Minutes 40 May 13 , 1991 Mr . Walker continued saying that in this particular area , and he had not done extensive evaluations , but the houses are all below the road so the logical location for a sewer line would be in the back lots . Supervisor Raffensperger remarked that her understanding of what has been the policy in the past was that the O ' s for example , would have no reason to install more than a 4 " line . The Town , however , because we are anticipating that in the future we may wish to service more properties , would wish to have a min ' of 8 " . What we have done before in these kinds of circumstances is we pay the difference between the small pipe and the big pipe . Councilman Liguori asked about a manhole . Dan Walker replied that we would have to have a manhole there . He felt the Town might be able to come up with the cost of the manhole or at least part of it . Supervisor Raffensperger remarked that this was just to inform the Board because this kind of an arrangement has been made in the past and sometimes it has came to the Town Board and sometimes it hasn ' t . We just wanted the Board ' s consensus so that the Town Engineer can proceed to look at the various alternatives . Councilman Niklas mentioned the Scenic Overlook on Danby Road , he stated that he had seen a lot of new soil being dumped there . Big pile of it and he wanted to know who was doing it and whether or not it ' s in compliance with the fill legislation . Building Inspector/ Zoning Officer Andrew Frost stated that he would look into i_t . Councilman Niklas continued saying that he has been seeing some very strancre things going on along the culvert that is between Mrs . Kelly ' s property and the scenic overlook and he was not quite sure if this activity was not infringing on her property . Supervisor Raffensperger stated that the Town had restored some water damage at Mrs . Kelly ' s . We fixed up her yard . Councilman Niklas replied no , it ' s not the yard it ' s the ditch that carries the water along the eastern side of the drainage of 96B and then cuts under the road and goes along this ditch toward the west . Also , the erosion is getting deeper and deeper because of the piles of dirt . TOWN OF ITHACA WARRANTS RESOLUTION N0 . 135 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 May 13 , 1991 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72 , 424931 General Fund - outside Village . . . . . . . . . . . . . . . . . . . . $ 60 , 640 . 60 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45 , 081 . 22 Water .& Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 227 , 126 . 12 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 52 , 146 . 00 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 78 , 571 . 58 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 551 . 71 Town Board Minutes 41 May 13 , 1991 ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 136 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that the Bolton Point Warrants dated May 13 , 1991 , in the Operating Account are hereby approved in the amount of $ 130 , 387 . 85 after review and upon the recommendation of the Southern Cayuga Lake Intenmunicipal Water Commission , they are in order for payment . (Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION N0 . 137 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss land acquisition and one personnel matter . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . OPEN SESSION RESOLUTION N0 . 138 Motion by C;ouncilwcman Valentino ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . ( Raffensperger , Leary , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . Town Clerk