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HomeMy WebLinkAboutTB Minutes 1991-06-10 TOWN OF ITHACA TOWN BOARD MEETING June 10 , 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 John Whitcomb , Councilman Patricia Leary , Councilwoman Catherine Valentino , Councilwoman David Klein , Councilman Frank Liguori , Councilman Karl Niklas , Councilman ALSO PRESENT : John Barney , Town Attorney Dan Walker , Town Engineer Fred Noteboom , Ass t . Highway Superintendent Andrew Frost , Building Inspector / Zoning Officer Linda Nobles , Assistant Budget Officer Floyd Foreman , Town Planner George Frantz , Assistant Town Planner Betty Poole , Deputy Town Clerk Beverly Livesay , T . C . Board of Representatives Greg Williams , WHCU ABSENT : Jean Swartwood , Town Clerk PLEDGE OF .ALLEGIANCE Scott McConnell , Highway Superintendent The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF 'TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger welcomed Floyd Foreman as the Town of Ithaca Planner and noted that he has been with us for about a week and asked that the board be kind as it is his first Town Board meeting . The Supervisor remarked that Martin Luster ' s office has provided us with figures , as approved by the legislature , concerning the State Budget and the State Per Capita Aid to municipalities . Aid for the Town of Ithaca would go from $ 288 , 123 to $ 90 , 685 , a cut of 68 . 50 or $ 197 , 438 in the State Fiscal Year 1991 - 1992 . For the Town ' s 1991 Budget , this amounts to a deficit in an already approved budget of over $ 169 , 000 . Press reports indicate that the Governor intends to include in his vetoes this level of State Aid and would reduce it - • further , in the case of the Town of Ithaca , another $ 19 , 500 . Basically , a $ 200 , 000 cut in revenues , if replaced by Townwide Taxes , translates into an increase of $ . 29 per $ 1 , 000 or a 31 % increase . This without any inflation adjustment to the budget . Obviously , such a cut would be distributed to both parttown and townwide , but the impact remains basically the same . For 1992 - 1993 , all we can hope is that the indignation of the local residents reaches ears in Albany and that revenue sharing is somewhat restored . Supervisor Raffensperger requested that the Consideration of Authority To Bond the 1989 Water and Sewer Debt be added to the Agenda . She stated that this debt is presently on a Bond Anticipation Note and that the present market is favorable . The last bonding done by the Town in 1989 was at a 7 . 30 % rate . Fiscal Advisors estimated that we might get a rate of around 6 . 50 % , which would mean a savings of over a half million dollars over the life of the bonds . The timing of the sale would be scheduled in relation to the State borrowing schedule and tentatively would occur in early July . The draft resolution came in today from New York City so we can avoid a special meeting , if with the Board ' s permission , this item is added to this evenings ' agenda . Town Engineer ' s Report Town Engineer , Dan Walker noted that Capital Improvement Projects have been taking up most of the engineering department ' s time for the past month . The West Hill project got under way on the 21st and is proceeding well . Fortunately the weather has held off and it has been dryer than they had anticipated and the contractor is working ahead fairly well . The road boring under Route 96 was started on. June . 7th , and should be completed this week . On South Hill , the Troy Road Water Tank was successfully filled and flushed without any leaks or problems . The existing pumps in the Coddington Road pump station performed well and modifications to the pumps are not required at this time ; at least with the current water demand . Site Grading has been completed except for the area of the existing tank which will be removed after the controls are relocated to the new control building , which has been ordered and is expected to be installed by mid June . The project bids for the 1989 Water and Sewer Improvements on Inlet Valley were opened on May 24th and the apparent low bidder was Bat Con , Inc . of Marcellus , New York , with a bid of $ 1 , 911 , 737 , which came in under the Town Engineer ' s estimate of $ 2 . 5 million . The final review of the contract documents is presently underway and if everything is satisfactory , which he feels it should , we can move ahead with the project . Engineer Walker noted that there is an item on tonight ' s agenda authorizing the award of the bid . He also noted that 90 % of the required easements have been sent to the landowners and the Town Engineering staff is continuing with the process of obtaining the remaining easements for the work . The Town Engineer also reported on the Route 366 Water Main Extension . He stated that Cornell University has let the construction contract to Paolangeli Construction and a June construction start is anticipated . The Town Engineering department will be checking construction for compliance with Town specifications in preparation for the Town ' s acceptance of the watermain after completion . The Town Engineer went on to say that the Sewer Capacity monitoring study initiated jointly by the Town and City Engineering departments to evaluate the possible capacity problems is continuing . Two summer students are presently working on various sewer projects for the Town along with the Assistant Town Engineer , Erik Whitney . He also reported that the Ithaca College Road Relocations and Science Building projects have started . The site work has begun and the engineering department will provide periodic site review , to monitor sediment and erosion control . He also stated that the engineering department is providing information to the Transportation Committee , a sub committee of the Comprehensive Planning Committee , on utilities and the various intermunicipal agreements . These agreements are presently being updated and will eventually be included in the Comprehensive Plan . The Engineer also noted that the Mitchell Street sidewalk has been surveyed and that the design will be completed in conjunction with the Engineering and Parks Departments . The construction of the sidewalk is planned for late July and early August . Town Engineer Walker reported that as he had previously mentioned , two intern Engineers are working primarily on the sewer evaluations and a third intern is doing construction inspection on West Hill . Their new office trailer is on site at the Town highway garage and they anticipate getting the construction staff placed there by the end of this week . Highway Superintendent ' s Report Assistant Highway Superintendent Fred Noteboom reported that the highway department ' s primary focus for the month of May was paving Harwick Road , Joanne and Regency Drives , Park Lane , Northview and Rich Roads and parts of Elm Street Extension . The weather was very cooperative: so that all of the paving scheduled to be done with hot mix asphalt was completed in nine days . There was some overtime due to the lack of time to prep some of the roads in advance . There was 32 hours of overtime on a Saturday , which was spent on Sapsucker Woods Road repairing a culvert pipe with holes in it , one of which was large enough to let the road base fall through , causing a 3 foot hole under the pavement . This was a very dangerous :situation , therefore we felt the overtime was warranted on the weekend to repair it . The Assistant Superintendent also reported that the emphasis on the work for the month of June will be routine maintenance , mowing of right of ways , cutting shoulders and ditches , patching the roads , etc . . The Parks Department has in May , constructed a play structure in Grandview . They also did some mowing , planted 150 Norway Spruce seedlings on Park Lane , donated by the Soil Conservation Service , and sprayed for gypsy moths and saw flies , etc . . The: June Parks projects include the completion of the Grandview play structure and the on going herbicide applications and mowing , resurfacing the Winners Circle Trail with wood chips and they will also be working with the Engineering Department on tree planting and lawn repair at Treman Park , Building Inspector / Zoning Officer ' s Report Building Inspector / Zoning Officer Andrew Frost reported that he had received , on Friday , June 7 , an application for a fireworks display for the Special Olympics , which will be held at Ithaca College . By local law , the Town Clerk for the Town of Ithaca has been appointed the person to issue the permits . He was not sure , in the absence of the Town Clerk , Jean Swartwood , ' what that meant , in terms of who would issue the permit . He did however , gather some information in her absence: . He stated that the Special Olympics was planning a fifteen minute firework display at Ithaca College on Friday , June 14th . The show will last approximately fifteen minutes and has not been advertised . The fireworks themselves will provide a " light show " however there will not be any explosive sounds . This is a very low ke! y display . He added that the only problem that he had was that there had not been any communication between the fireworks people and the Ithaca Fire Department however that communication had been initiated today . In regard to fire safety , everything has been covered in that regard . So at this point , our intent is to issue the permit , however we are not sure by whom , since the Town Clerk is not available . Supervisor Raffensperger commented that the legislation gives the Town Clerk the authority to sign the permit so this is really for the Town Board ' s information only . Building Inspector / Zoning Officer Frost reported that the month of May was very active . They had issued 24 building permits , 5 for single family residences , 2 for renovations , 4 for additions to footprints , 4 were in the category of businesses , 1 was for a new building known as Stellar Stereo being constructed on Elmira Road near Seven Mile Drive , 4 for renovations to existing building space and one permit was for the Ithaca College Science Building . There were 7 building permits issued for miscellaneous construction that included 1 enclosed porch , 1 garage repair , 1 for replacement of windows and 4 were for outside decks . Building Inspector / Zoning Officer Frost also reported that 18 Certificates of Occupancy were issued for the month . Six new complaints were investigated for the month consisting of one site plan violation in a business district , which will be discussed in executive session , a property maintenance violation on Siena Drive , a complaint. regarding construction without a building permit on East Shore Drive for a deck and / or patio which was on the ground , no violation occurred as a building permit was not required . The Town of Ithaca Zoning Ordinance exempts patios or unroofed porches that are within 3 feet of the ground surface . There was an abandoned vehicle which was removed from Snyder Hill Road , another violation for building without a building permit on Slaterville Road where it was determined that no building permit was required ; and a violation to the Zoning Ordinance with regard to site plan approvals in a business zone , which will again be discussed in executive session . Outstanding complaints from previous months : one dating back to November 1990 , a use violation on Elmira Road that has since been resolved . It has received Planning Board modified site plan approval and a Zoning Board of Appeals modification to a variance for sprinkler systems . A complaint from March 1991 regarding a sign violation is still pending . The individual received approval to maintain. a business , so to speak , similar to a customary home occupation , on Hayts Road . The sign exceeds four square feet , which is what the sign law would permit . Mr . Frost has been trying for several months to get the individual to either reduce the size of the sign, or to come to the Planning Board and the Zoning Board to receive a variance for the size of the sign . To this date neither has occurred . Unfortunately , this may necessitate bringing them in to Town Court since they have not taken any action . The others are outstanding in that they are either pending with our lawyers or in court . There were 6 complaints for the month which were investigated , 23 complaints year to date . There were 103 inspections performed with regard to NYS Building Code , 25 inspections involving local law or zoning inspections , 4 fire safety inspections which included 1 private school , 1 four unit multiple dwelling , 1 day care operation and 1 area of public assembly . There were no new fire occurrence inspections however there was 1 fire safety reinspection on a multiple dwelling . There were no sign permits issued for the month of May . Two Zoning Board meetings were held with five new cases and all were approved with the exception of one which was adjourned . Assistant Town Planner ' s Report Assistant Town Planner George Frantz reported that the Planning Department continues to work with the Comprehensive Planning Committee and Stuart Brown Associates . The focus continues to be working with the Land Use Sub - Committee and the Transportation Sub . Committee along with D . J . Carrone Associates in Rochester . The two major tasks for the month have been continuing to work on the traffic evaluation and we are fairly near completion with the evaluation of the Town ' s road system . The second major item has been staff ;preparation of a preliminary draft of the Comprehensive Plan 2010 map which is something Ron Brand and staff worked on , as well as the land use sub - committee . Essentially it is the land use plan for the Town and a vision of the Town in terms of land use in the year 2010 . It is , at this time , in the range of 90 % drafted with still -a few spaces where the land use is yet to be determined . i Major agenda items for the Planning Board , which met May 7th and May 21st , included the Cornell GEIS . May 7th a public hearing was held to get. comments on the draft scope for the GEIS and , on May 21st , the board took the formal step in declaring themselves lead agency and snaking a formal positive determination on environmental significance . The environmental impact statement will now be initiated . Development review activity has been fairly limited . The Planning Board granted preliminary approval to the expansion of the Hasbrouck Apartment complex which consists of 92 additional units on third floors of 14 of the buildings . The plan is for the 92 units to replace the 96 units of Cornell ' s Pleasant Grove Apartment complex , thus clearing the way for demolition of that complex . Hasbrouck dlid receive final approval on June 4th . Assistant Town Planner Frantz went on to say that the Planning Board at the May 7th meeting approved two new tennis courts at the LaTourelle development on Danby Road and on May 21st approved the change in the use of a warehouse off Elmira Road from warehousing to a woodworking shop . REPORT OF TOWN COMMITTEES Conservation Advisory Council Councilman Whitcomb reported that the CAC has been devoting most of their time to the open space index and at the next meeting they will devote the entire meeting to discussion of a draft open space inventory and index that the open space committee has prepared . It is hoped that there will be something to forward to other committees after that . They have also reviewed the Codes and Ordinances Committee ' s environmental protection overlay district for stream corridors and have comments ' on that which he will be forwarding to the board . Youth Board Committee Councilwoman Valentino reported that the Joint Youth Bureau Board was recently formed and that they plan to meet this month . She stated that there were three people who had applied for the vacancy and that one had been chosen to serve . She added that she had contacted the other two applicants and that they had agreed to participate: in the Town Youth Board , in whatever capacity they are needed . Codes and Ordinances Councilman Niklas summarized the Codes and Ordinances Committee ' s activities for the month . He stated that their most pressing issue at this time is the environmental protection overlay district , the draft of which the CAC is reviewing . Individual responses were received from Bruce Brittain and Dooley Kieffer . The committee has solicited comments from Town Engineer Walker on the draft and legislation . Hopefully by their next meeting on June 1 , they will be able to consolidate all of the responses from the various individuals, Additionally , the committee is looking at a lake shore district and others as well . They will also be proposing some revisions to other aspects of the zoning ordinance . Comprehensive Planning Committee Councilman Klein gave a brief accounting of the committees ' projects for the month . He stated that Ron Brand had not been able to put in quite the amount of time that the board had hoped , however his main accomplishment for the month was working with Assistant Town Planner George Frantz in coming up with the beginning of a projected land use map . The committee reviewed the map which it is by no means finished . REPORT OF COUNTY BOARD OF REPRESENTATIVES County Board Representative Beverly Livesay reported that she did not have a prepared report for this evening however she availed herself to any questions the Town Board might have . Supervisor Raffensperger asked about reapportionment with regard to the Town of Ithaca . Representative Livesay responded by saying that a committee has been appointed and she believed that their first meeting is next Monday . The committee is a special committee , she believes , consisting of county board members . Stuart Stein is the Chairman of that committee and she believes Mary Call might be on the committee as well . Meetings are open to the public and one may call the board office for details . Supervisor Raffensperger inquired as to the use of the current census figures with regard to sales tax allocations due to the larger than average increase in population the town had . Representative Livesay responded by saying that probably not until 1992 , due to us being well in to the 1991 year , however she does not know that for sure . Representative Livesay commented again on the reapportionment issue . She clarified the present representation on the County Board of Representatives for the Town as being 2 1 / 2 representatives . As she looks at the figures , it looks as if they are about to have three representatives as the city continues to have five . She is not sure what that will do to the other districts . She suggested that the Town might want to assign someone to sit in on the meetings . Councilman Whitcomb requested the current status on the county wide recycling program . Representative Livesay replied by stating that she believed it would commence in August . The bids are back and she assumes it will be coming to committee this week on the award of the bid . The Board should award the bid at its June 25th meeting . Councilman Liguori stated that he understands that the County has completed the new test well at the Hillcrest site . Representative Livesay responded by saying that she has not received any type of report yet . Since it does not seem to be flowing where it should be flowing or where DEC thought it should be , the theory of our consultant is that there is a recharge right under the landfill . He thinks it is coming up again in the swamp but she is not aware of the results . The other concern is that the more refined testing seems to indicate that the only leachate that they find , they suspect comes from the Town of Danby . Councilman Liguori asked if the December 31st date is still firm ? Representative Livesay indicated that they will be making a decision at the Solid Waste Committee meeting on June 27th about whether to ask for an extension until the baling station is on line . They will take a recommendation to the Board at their July 9th meeting . Town Building Inspector / Zoning Officer Frost inquired as to the current status on the rabies problem in Tompkins County , Representative Livesay replied that she has not heard that there were any rabies reported in Tompkins County . She did say that there was a rabid raccoon in Chemung County and that the Board of Health has initiated the mandatory cat inoculation which is something they passed a couple of years ago which was to be incorporated in the Tompkins County Health Code . REPORT OF TOWN ATTORNEY Town Attorney Barney updated the Board on the Cayuga Heights lawsuit . The last deposition will be taken from Mr . Lucente on Wednesday of this week and Mr . Barney expects to have the case put on the calendar for trial very shortly after that . He would assume it would be perhaps August or September . It is hoped that it will be tried in front of a judge rather than a jury trial . The case involves whether the Town has a contractual right to hook up to the Cayuga Heights sewer plant . APRIL 1991 FINANCIAL REPORT RESOLUTION # By : Councilman Whitcomb Seconded By : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby approves the April 1991 Financial Report as presented . Carried Unanimously Review Investment Guidelines Supervisor Raffensperger stated that last year , the investment guidelines were amended by deleting Repurchase Agreements . There is no recommendation this year for any change in the guidelines and asked if anyone had any amendments they would like to make . As no one had any amendments , the present investment guidelines will remain the same . SALE OF PUBLIC IMPROVEMENT BONDS /Z? 0So4 U' j/ o /%/ -Zt�- / ell Supervisor Raffensperger presented to the Town Board a resolution providing for the consolidation and sale of $ 4 , 465 , 000 of serial bonds for the Town of Ithaca and authorizes the Supervisor to negotiate the sale . These bonds are presently in Bond Anticipation Notes and , as she explained earlier , it would be wise not to renew the Bond Anticipation Notes as the rates for permanent bonding are historically low . Fiscal Advisors have advised us that this would be a good time to do the permanent bonding for the 1989 water and sewer improvements . At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street , in Ithaca , New York , in said Town , on June 10 , 1991 , at 5 : 30 o ' clock P . M . , Prevailing Time . The meeting was called to order by Supervisor Raffensperger , and upon roll being called , the following were PRESENT : Supervisor Shirley Raffensperger Councilman David Klein Councilwoman Patricia Leary Councilman Frank Liguori Councilman Karl Niklas Councilwoman Catherine Valentino Councilman John Whitcomb The following resolution was offered by Councilman Frank Liguori , who moved its adoption , seconded by Councilman David Klein , to wit : RESOLUTION DATED JUNE 10 , 1991 . A RESOLUTION PROVIDING FOR THE CONSOLIDATION , DETAILS AND SALE OF $ 4 , 465 , 000 PUBLIC IMPROVEMENT ( SERIAL ) BONDS , 1991 , OF THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK , FOR CERTAIN PURPOSES IN AND FOR SAID TOWN . BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . The $ 2 , 128 , 000 serial bonds authorized by bond resolution dated May 7 , 1990 , for the construction of a sewer system improvement for Sewer System Benefitted Area - 1989 of the Town of Ithaca , Tompkins County , New York , shall mature $ 83 , 000 in each of the years 1992 and 1993 , $ 90 , 000 in the year 1994 , $ 96 , 000 in each of the years 1995 to 1999 , both inclusive , $ 107 , 000 in each of the years 2000 to 2002 , both inclusive , and $ 119 , 000 in each of the years 2003 to 2011 , both inclusive , and shall be consolidated with another issue of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from July 26 , 1990 , the date of the first bond anticipation note issued therefor . Section 2 . The $ 2 , 337 , 000 serial bonds authorized by bond resolution dated May 7 , 1990 , for the construction of a water system improvement for Water System Benefitted Area - 1989 of the Town of Ithaca , Tompkins County , New York , shall mature $ 92 , 000 in each of the years 1992 and 1993 , $ 100 , 000 in the year 1994 , $ 104 , 000 in each of the years 1995 to 1999 , both inclusive , $ 118 , 000 in. each of the years 2000 to 2002 , both inclusive , and $ 131 , 000 in each of the years 2003 to 2011 , both inclusive , and shall be consolidated with another issue of bonds of said Town as hereinafter authorized . It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11 . 00 of the Local Finance Law , computed from July 26 , 1990 , the date of the first bond anticipation note issued therefor . Section 3 . The serial bonds described in the preceding sections hereof are hereby authorized to be consolidated for purposes of sale into one bond issue aggregating $ 4 , 465 , 000 . Such bonds shall. each be designated substantially PUBLIC IMPROVEMENT ( SERIAL ) BOND , 1991 , shall be dated July 15 , 199 . 1 , and shall be of the denomination of $ 5 , 000 each or any integral multiple thereof not exceeding the principal amount of each respective maturity . Bonds may be transferred or exchanged at any time prior to maturity at the Corporate Trust Department of Chase Lincoln First Bank , N . A . , in Rochester , New York , ( the " Fiscal Agent " ) , or any successor Fiscal Agent , for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount . The bonds shall mature in the amount of $ 175 , 000 on July 15 in each of the years 1992 and 1993 , $ 190 , 000 on July 15 , 1994 , $ 200 , 000 on July 15 in each of the years 1995 to 1999 , both inclusive , $ 225 , 000 on July 15 in each of the years 2000 to 2002 , both inclusive , and $ 250 , 000 on July 15 in each of the years 2003 to 2011 , both inclusive , and shall bear interest payable on January 15 , 1992 and semi - annually thereafter on July 15 and January 15 . Such bonds shall bear interest at such rate as may be necessary to sell the same , which rate shall be determined in the manner provided in Section 59 . 00 of the Local Finance Law . Such bonds shall be in registered form and shall not be registrable to bearer or convertible into bearer coupon form . Principal of the bonds will be payable to the registered owners upon surrender of the bonds at the Corporate Trust Department of the Fiscal Agent for the bonds . Interest on the bonds will be payable by check or draft mailed by the Fiscal Agent to the registered owners of the bonds , as shown on the registration books of the Town maintained by the Fiscal Agent , as of the close of business on the last business day of the calendar month preceding the date of the interest payment . Principal of and interest on the bonds will be payable in lawful money of the United States of America . The aforesaid maturities constitute the aggregate of the individual maturities of each separate issue , which individual maturities are prescribed in the preceding sections hereof . Such bonds shall be executed in the name of said Town by the manual or facsimile signature of the Supervisor , and a facsimile of its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of its Town Clerk . The bonds shall be authenticated by the manual countersignature of an authorized officer or employee of the Fiscal Agent . It is hereby determined that it is to the financial advantage o }: the Town not to impose and collect from registered owners any charges for mailing , shipping and insuring bonds transferred or exchanged by the Fiscal Agent , and , accordingly , pursuant to paragraph c of Section 70 . 00 of the Local Finance Law , no such charges shall be so collected by the Fiscal Agent . Section 4 . The Supervisor , as chief fiscal officer of the Town , is hereby authorized and directed to enter into an agreement with a bank or trust company located or authorized to do business in the State of New York for the purpose of having such bank or trust company act , in connection with the obligations herein described , as the Fiscal Agent for said Town to perform the services described in Section 70 . 00 of the Local Finance Law , and to execute such agreement on behalf of the Town Board of said Town . Section 5 . All other matters , except as provided herein , relating to such bonds shall be determined by the Supervisor . Such bonds shall contain substantially the recital of validity clause provided for in Section 52 . 00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 51 . 00 of the Local Finance Law , as the Supervisor shall determine . Section 6 . The faith and credit of said Town of Ithaca , Tompkins County , New York , are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principle of and interest on such bonds becoming due and payable in such year . Section 7 . The powers and duties of advertising such bonds for sale , conducting the sale and awarding the bonds , are hereby delegated to * the Supervisor , who shall advertise such bonds for sale , conduct the sale and award the bonds in such manner as he shall deem best for the interests of said Town . , provided , however , that in the exercise of these delegated powers , he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds . The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds , who shall not be obliged to see the application of the purchase money . Section 8 . This resolution shall take effect immediately . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Councilman David Klein Voting Aye Councilwoman Patricia Leary Voting Aye Councilman Frank Liguori Voting Aye Councilwoman Cathy Valentino Voting Aye Councilman Karl Niklas Voting Aye Councilman John Whitcomb Voting Aye Supervisor Shirley Raffensperger Voting Aye The resolution was thereupon declared duly adopted . TARGETED SUMMER YOUTH EMPLOYMENT PROGRAM Councilwoman Valentino reported that this basically came up through the City when they were preparing their summer youth program . They realized that there were fourteen needy youths , just outside the City limits and they would fit well into this program . Seven of them are in the Town of Ithaca and seven are from Lansing . She stated that since we do not contract with the City for the summer youth program , we needed a special resolution in order to be able to include those youths in the program . This program will actually be 100 % reimbursed to the Town as we will be able to use CYS and DFY funds to match each other . The State has approved this arrangement as we are just starting up with our own Youth Bureau Programs this year . Supervisor Raffensperger stated that although we will be receiving 100 % reimbursement this year from these two funds , it is possible that in the future , this will not be the case . Councilwoman Valentino did note that next year our reimbursement would probably be around 50 % for that kind of program . RESOLUTION 4 / �4/ By : Councilwoman Valentino Seconded by : Supervisor Raffensperger WHEREAS , some of the neediest youth in the Town of Ithaca will have limited employment opportunities this summer and , WHEREAS , the Ithaca Youth Bureau ' s Youth Employment Service has identified needy Town youth and potential job sites and is willing to administer a subsidized employment program for these youth but lacks the resources to pay the wages and benefits of non - City youth and , WHEREAS , the County Youth Bureau is willing to waive the County Youth Service Guidelines to enable the Town to use Division for Youth funds to match County Youth Service funds for 1991 and , WHEREAS , the Ad Hoc Youth Commission members support the use of State and County funds for this purpose , now therefore be it , RESOLVED , that the Town of Ithaca amend its purchase of service agreement with the City of Ithaca to include the screening , selection , placement , employment and supervision of seven of the Town ' s neediest teenagers at a cost of $ 4 , 200 . 00 , to be payable upon receipt of a final program and financial report to be submitted by the City and further , RESOLVED , that the Town Supervisor be authorized to amend the approved 1991 contract with the City of Ithaca , to submit the necessary applications for Division for Youth reimbursement and to enter into a contract with the County for reimbursement under the Local Purposes component of the County Youth Services Program and further , RESOLVED , that the Joint Youth Commission shall report to the Town Board after completion of the program . Carried Unanimously SET DATE FOR PUBLIC HEARING TO AMEND LOCAL LAW # 2 , 1970 ESTABLISHING STANDARD OF CONDUCT FOR OFFICERS AND EMPLOYEES OF THE TOWN OF ITHACA . Supervisor Raffensperger asked for discussion on some of the elements of the Code of Ethics draft presented . Councilwoman Valentino commented that a lot of discussion has taken place . One of the assumptions when this was started some time ago was that it would be a fairly simple thing to put together however as time went on , the committee began to deal with the State of New York and their mandates and found that it was not as simple as anticipated . She stated that when the Board discussed this before , they had some concerns regarding the disclosure section . At that time , they had thought about possibly excluding disclosures because the form that the State Laws required were very lengthy and a lot of the information was not necessary for a small town like Ithaca . At that time they had found out about the Appendix B form which could be passed and that sounded somewhat better . Therefore the committee had changed the disclosure to include that particular form which is the simplest form allowed . Supervisor Raffensperger suggested that the Board review the draft , paragraph by paragraph , and make any comments or suggestions on it . Extensive deliberation and discussion took place on various aspects of the draft: . With several suggestions offered , from both staff and the Board , it was ultimately recommended that the Town Attorney and Councilwoman Valentino fine tune the proposed legislation , consider the legality of particular items , research the State legislation on some of the issues in the draft and modify various sections , as well as incorporate some of the recommendations made by the staff and board into the legislation . It would come before the Board at the July 8th Town Board meeting , at which time the Board would pursue further discussion and possibly set a public hearing to amend the local law . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE WATER RATE STRUCTURE TO INCLUDE PENALTY FOR FAILURE TO PROVIDE WATER METER READINGS Proof of porting and publication of notice of public hearing to consider a local law amending the water rate structure to include penalty for failure to provide water meter readings having been presented by the Deputy Town Clerk , the Supervisor opened the public hearing . As no one wished to speak for or against the proposed amendment , the Supervisor closed the public hearing . Supervisor Raffensperger noted that there has been a change in this proposal for clarification only . It was unclear as to whether or not one would have to pay the $ 100 for every quarter one did not provide a muter reading . The clarification was made on page 2 which states that their be a $ 100 fine for each quarter in which the user has failed to provide a required water meter reading beginning with the third consecutive quarter . Supervisor .Raffensperger remarked that she was aware that Councilman Liguori had some concern as to the dollar amount of the fine . She discussed this with the Southern Cayuga Lake Intermunicipal Water Commission and they are not willing to consider a sum of less than $ 100 , as they believe the cost of someone not reading their meter deliberately over a long period of time justifies the $ 100 fine and only if it is that large is it going to get the attention of these people who do not respond to letters , notices , etc . . Councilman Liguori asked where the law or resolution was that mandates everyone to read their meter ? Is there some preceding regulation ? Supervisor Raffensperger responded by stating that it is in the Bolton Point Rules and Regulations and those rules and regulations are adopted by the Town Board . They also state that if one has trouble reading the meter , a representative from Bolton Point will come and assist the homeowner in the reading at no charge . Councilman Liguori was adamant about the amount of the fine . He also felt that if a reading is not received , all one would have to do is to take the average of the previous water bills . That would not be an estimate and it would be very close to an actual reading . The other thing that bothers him is that they are saying if a customer ' s system is leaking , we are going to lose a lot of money for awhile . This does not happen that often but it does happen occasionally . He feels that it would cost approximately 1 / 4th of the amount of the fine to go out and read the meter . Attorney Barney interjected by saying that if it was their first offense , Councilman Liguori ' s point would be well taken . A lot of times however , it may take three or four visits to gain access to the meter as most of the meters are located inside the house . People are not always home therefore necessitating several visits which could then absorb that $ 100 three times over . Town Engineer Walker noted that he was not sure about how Bolton Point does their billing now for people who do not read their meters . He believes that there is a minimum charge for the meter and a minimum bill is generated . ( Clarification : In the absence of a meter reading , an estimated bill is issued , based on past use . ) Councilman Liguori stated that he was under the impression that once a year , Bolton Point or the Town , goes around and reads the water meters . Town Engineer responded by saying that Bolton Point reads approximately 250 of the meters just on a rotating , quality control basis . Councilman Niklas expressed his opinion in that the compelling part of this argument is that if you can not read the meter , whether you physically cannot do it or you do not know how to do it , all you have to do is call Bolton Point and they will have someone come out and read it for you . Here are people that are willing to do it for you and all they are asking is that you meet them half way . It seems that if you don ' t meet them half way once , twice or three times , then what other alternative does one have but to impose a fine . Councilman Klein asked if there is a letter that oes out stating g that Bolton Point will come out and read it for you ? Supervisor Raffensperger replied that she had discussed it at the Commission meeting and she brought up the fact that she thought that_ everyone did not have that information so they are going to try to put more information on the bills or meter reading cards . This information will make it clear that you are going to have to read your own meter and that if you do not know how , call Bolton Point . The customers will also be notified of the penalty for not reading the meter if these local laws are passed . Councilman Klein noted that in our community , a lot of people go away for an extended period of time and the houses are vacant for more than three quarters . Some people go to Florida , are out of the country , etc . There are no provisions in the law to take these particular situations in to account . Attorney Barney responded by saying that if you go away for a period of nine months , and you leave your house empty , one would be quite foolish. not to have their water shut off and secondly if you are gone and you want to leave your water on , surely you are also leaving your heat and other utilities on and you would want someone to at least look after your house and they could read the meter . Councilman Liguori felt that the fine is too much and that it is very insensitive the way they are handling the public . Councilman Klein also stated that it is very anti - consumer and he is not convinced that the administration at Bolton Point is really making an effort to clean up their old accounts . Supervisor Raffensperger responded by saying that there is substantial enough disagreement that she would prefer to arrange to have someone: from Bolton Point come and explain why the entire commission has voted to institute this policy . It was the general consensus of the Town Board to abstain from voting on the proposed local law until the next Town Board meeting on July 8th . A representative from Bolton Point will be present to answer questions from the Board and give a better explanation . At that time , the Board will consider the adoption of the proposed local law . PUBLIC HEARING TO CONSIDER AMENDMENT TO AN AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION FINANCING AND OPERATION OF AN INTERMUNICIPAL WATER SUPPLY AND TRANSMISSION LINES . Proof of posting and publication of a notice of public hearing to consider amendment to an Agreement of Municipal Cooperation for construction financing and operation of an intermunicipal water supply and transmission lines having been presented by the Deputy Town Clerk , the Supervisor opened the public hearing . As no one in attendance wished to speak for or against the proposed amendment , the Supervisor closed the public hearing . Supervisor Raffensperger stated that there is no need in discussing this proposed amendment as this is the second part of the proposed local law amending the water rate structure to include a penalty for failure to provide a water meter reading . This item will also be put on the July 8th Town Board agenda to be considered for adoption immediately after the other matter . AUTHORIZING :ENGINEER TO PREPARE REPORT ON BURLEIGH DRIVE LIGHTING DISTRICT Supervisor Raaffensperger wished to explain why the public hearing on Burleigh Drive was canceled earlier on the agenda . She stated that the attorney for the Town had discovered that the petition which was presented did not meet the required laws for a petition . At that point we have a choice as to the petitioners on Burleigh Drive and one was to ask them to obtain another petition on the proper form or for the Town Board to take action , knowing that they wish to have a lighting district , and to do it in an affirmative way in a resolution with the Town Board . The second choice seems better even though it is subject to a permissive referendum . The law says that the first thing is to authorize the Town Engineer to prepare a report on the lighting district . This needs to be done exactly as the law states . RESOLUTION # oZ By : Supervisor Raffensperger Seconded by : Councilman Niklas WHEREAS , the Town Board of the Town of Ithaca , Tompkins County , has received a request from a number of the residents of Burleigh Drive seeking to have a street lighting installed ; and , WHEREAS , the Town Board of the Town of Ithaca believes that such a street lighting district would be appropriate in the portion of the Town along Burleigh Drive , the boundaries of the district being more particularly described on Schedule A annexed hereto , now therefore be it , RESOLVED , subject to permissive referendum , that the sum of One Hundred Dollars ( $ 100 . 00 ) is hereby appropriated to pay the cost of preparing a general map , plan , and report for providing the lighting services in the above described portion of the Town of Ithaca , and be it further , RESOLVED , that the Town Engineer of the Town of Ithaca , is hereby authorized and directed to prepare such map , plan and report within the limits of the amount appropriated therefore , and upon completion thereof to file the same in the Office of the Town Clerk of the Town of Ithaca , and be it further , RESOLVED , that the Town Board hereby authorized the Town Supervisor , Town Engineer , Town Planner , and Town Attorney , to take such steps and to execute such documents as may be necessary in order to prepare such map , plan and report ; and be it further, RESOLVED , that the Town Clerk within ten days of the adoption of this resolution post and publish a notice and abstract or a copy of this resolution in the manner required by Town Law , Section 90 , specifying this resolution was adopted subject to a permissive referendum . Carried Unanimously ESTABLISH A PER DIEM MEAL ALLOWANCE FOR TOWN OF ITHACA RELATED BUSINESS EXPENSES By : Councilman Whitcomb Seconded by : . Councilman Niklas Rte- 5 v 4 tJ j j o ../ A/a . / 4 3 r WHEREAS , legislation has been enacted by the State of New York [ Chapter 31 , Laws of 1991 , Enacted and Effective March 29 , 1991 ] permitting local governing boards to establish per diem meal allowances , subject to a maximum amount , in order to reimburse officers and employees for meals in connection with travel on official business , such per diem allowance to be used in lieu of reimbursing actual and necessary meal costs incurred , now therefore be it , RESOLVED , that the Town Board of the Town of Ithaca establishes a per diem meal allowance for Town of Ithaca Officers and employees for meals in connection with travel on official business as follows : In New York State counties of Nassau , Saratoga , Suffolk , Sullivan , Westchester and New York City , a daily allowance of $ 34 . 00 ; for all other areas in New York State , a daily allowance of $ 26 . 00 ; outride of New York State , the standard meal allowance as established by the Internal Revenue Service : These daily meal allowances will not be in effect for conferences , meetings and workshops when a single conference charge is imposed , which may include meals , lodging and other charges , in which case the entire cost of the conference will be eligible for reimbursement . Carried Unanimously ACCEPTING FUEL SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS By : Councilman Niklas Seconded by : Council-woman Valentino XE:0so - 0o / o n/ -2� / 0415! WHEREAS , the fuel bid for last year has expired , now therefore be it , RESOLVED , ' to accept the specifications for the fuels and authorize advertisement for bids . Carried Unanimously AUTHORIZE PURCHASE OF VEHICLE ( PICKUP TRUCK ) UNDER STATE CONTRACT Supervisor R. affensperger stated that this is not the same one authorized last month . This is in addition to that one . This is not in the budget however there is sufficient money in the equipment line . She added that what this involves is a shuffle of all of the Town vehicles . Highway Superintendent Scott McConnell has money in his equipment budget for a pickup truck on state bid . He has wanted a pickup because the Jeep Cherokee , which was the former highway superintendent ' s vehicle , does not reflect his style of management as Highway Superintendent . He needs to carry tools and equipment with him so he is willing to relinquish the Jeep in order to get a $ 15 , 000 pickup truck . She added that the Town ' s 1981 Chevrolet Citation is about to leave us . It was taken in for repairs and there was an estimate of $ 750 to repair it and according to the highway department it would not be worth the money to fix its So it was felt that this would be a good time to get Scott the pickup he desires and at the same time to pass along the Jeep to the Town Engineer , and to get Paul Hansen , Assistant Building Inspector / Zoning Officer , a working vehicle . RESOLUTION # IYS"� By : Councilman Niklas Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca authorize the Highway Superintendent to purchase a 1991 4X4 - 3 / 4 ton pickup on state bid . The price is not to exceed $ 15 , 000 . 00 and will be paid for from the Highway Equipment Account 5130 . 200 , Carried Unanimously AUTHORIZE THE AWARD OF CONTRACT FOR CONSTRUCTION OF THE 1989 INLET VALLEY WATER AND SEWER IMPROVEMENTS CONTRACT # 2 . By * Councilman Whitcomb Seconded by : Councilman Niklas WHEREAS , bids for the construction o, f Sanitary Sewer and Water Mains , 1989 'Water and Sewer Improvements , Contract No . 2 , Inlet Valley , have been received and opened publicly at 1 : 00 P . M . on Friday , May 24 , 1991 and , WHEREAS , the bid documents have been examined for completeness by the Town Engineer and , WHEREAS , the bid proposals have been compared and the apparent successful low bidder is Bat Con , Inc . of Marcellus , New York with a bid of $ 1 , 9111 , 737 . 00 , and , WHEREAS , the Town Engineer has determined that this is a responsive bid and , WHEREAS , the Town Engineer has evaluated the contractor ' s capability and found that he meets the requirements of the Town of Ithaca and appears to be the lowest responsible bidder , now therefore be it , RESOLVED , that the Town Board of the Town of Ithaca authorizes the Town Supervisor of the Town of Ithaca to award the contract for the construction of Sanitary Sewer and Water Mains , 1989 Water and Sewer Improvements , Contract No . 2 , Inlet Valley , to Bat Con , Inc . of Marcellus , New York , with the following conditions : 10 The Contractor delivers to the Town of Ithaca three fully executed sets of the agreement ; 2 . The Contractor delivers to the Town of Ithaca with the executed agreement the Contract Security ( BONDS ) as specified in the contract documents ; i 3 . That the Town has received all required easements or that the Town Supervisor and Town Engineer are satisfied that all easements will be in hand before construction begins . Carried Unanimously AUTHORIZATION FOR THE TOWN SUPERVISOR . WITH THE ASSISTANCE OF THE TOWN ENGINEER AND THE TOWN ATTORNEY TO FINALIZE THE FOUR AGREEMENTS AND AUTHORIZATION TO SUBMIT A LETTER OF INTENT REGARDING AGREEMENTS FOR WATER AND SEWER BETWEEN THE TOWN OF ITHACA AND THE CITY OF ITHACA . Town Engineer Walker noted that the Board had a draft copy of a Letter of Intent regarding agreements for water and sewer between the city of Ithaca and the Town of Ithaca . He stated that this agreement is related to the current water and sewer projects in the Town . The City would prefer us not to proceed until there is a letter of intent which states that we are willing to work on all of the old agreements . The situation the Town has presently , under the West Hill bulk water agreement and the City / Town interchange agreements , which are outdated , gives us the right to buy water from the City in the Inlet Valley area . Also the sewer use agreements are outdated , now that we have changed the way in which we pay for sewage treatment in the City . The City ' s Board of Public Works would like to have this letter of intent on file and also the City Engineer would like to make this a joint letter of intent in that we will both work together to finalize these agreements in a timely fashion . Councilman Liguori asked whether the implication was that we could only get water on the west side ? Town Engineer Walker responded by saying that in the West Hill Bulk Water agreement , the City agreed to sell the Town water on all Town property west of inlet . Supervisor Raffensperger stated that the reason this needs to be renegotiated is because there are also other parts of the agreement which restrict the amount of water that can be bought by the Town and that the agreements date back to 1974 or 1975 . Engineer Walker noted that the other agreement , the City / Town Interchange , where certain areas of the Town that are east of the Inlet , are accessed by . the City and we provide water to various City residents and they provide water to some Town residents such as on South Hill and Pearsall Place . There are some multiple agreements in the East Shore Drive area as well . It is really to the City ' s benefit also because they have circulation problems in their West Hill Reservoir and this loop will strengthen their water system as well as provide the service to the Town residents . RESOLUTION # // 7 By : Councilman Niklas Seconded by : Councilman Whitcomb RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor , with the assistance of the Town Engineer and the Town Attorney , to finalize four agreements and authorizes the Town Supervisor to submit a letter of intent regarding agreements for Water and Sewer between the Town of Ithaca and the City of Ithaca . Carried Unanimously I AUTHORIZING CHANGE ORDER # 2 TO THE 1989 WATER AND SEWER IMPROVEMENT PROJECT CONTRACT # 1 , TROY ROAD WATER STORAGE TANK Town Engineer Walker explained that due to the site configuration they modified the fence because of the slopes around the tank . It made access to the site better and they added twenty feet to the length of the fencing and added thirty days to the contract , to allow for the winter shut down . This will not cause the Town any problems . RESOLUTION # Jq O Bye Councilman Niklas Seconded by : Councilwoman Valentino WHEREAS , the slope of the tank site required a modification of the fence location to provide for better site access and , WHEREAS , the modification of the fence resulted in an 20 ' increase in the length of required fencing and , WHEREAS , the Change Order will increase the contract time by 30 days due to winter shutdown and delivery time for the Fiberglass equipment shelter and , WHEREAS , the modifications have been presented to the Contractor by the Engineer , and the Contractor has prepared a cost proposal to make these changes , which the Engineer has reviewed and recommended acceptance of and , WHEREAS , the modifications will result in a net increase in the Contract sum of $ 600 . 00 , from a contract sum of $ 251 , 928 . 00 to a new contract sum of $ 252 , 528 . 60 , now therefore be it , RESOLVED , that the Town Board of the Town of Ithaca hereby accepts Change Order # 2 , to the 1989 Water and Sewer Improvement Project Contract # 1 , Troy Road Water Storage Tank , and authorizes the Town Supervisor to execute same . Carried Unanimously AUTHORIZE ADVERTISEMENT REGARDING UPCOMING VACANCY , TOWN OF ITHACA REPRESENTATIVE , ON THE BOARD OF FIRE COMMISSIONERS RESOLUTION # J � F By : Councilman Niklas Seconded by : Councilman Whitcomb RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Clerk of the Town of Ithaca to advertise in the Ithaca Journal , a box ad , advertising for the upcoming vacancy as Town of Ithaca Representative to the Board of Fire Commissioners . Carried Unanimously AUTHORIZATION TO ATTEND A WORKSHOP IN SYRACUSE , NEW YORK , ON " CREATING AFFORDABLE HOUSING AT THE LOCAL LEVEL " RESOLUTION # l-�d Bye Supervisor Raffensperger Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes up to 6 people to attend a workshop on " Creating Affordable Housing At The Local Level " , in Syracuse , New York on June 26 , 1991 , at a cost not to exceed $ 300 . 00 . Carried Unanimously ADOPTION OF TOWN BOARD POLICY REGARDING APPOINTMENT PROCEDURES FOR PLANNING BOARD AND BOARD OF ZONING BOARD OF APPEALS RESOLUTION # /S/ By : Councilman Niklas Seconded by : Councilman Klein WHEREAS , the manner in which candidates for vacancies on the Zoning Board of Appeals and the Town Planning Board are interviewed and nominated for appointment is of great importance to Town government , and WHEREAS , it is important for elected officials to participate in the interviewing and nomination processes , now therefore be it , RESOLVED , that all candidates for vacancies on said town boards will be interviewed by an interview committee that will consist of four members , two of which shall be selected from and by the Board having the vacancy and two members selected from and by the Ithaca Town Board . The chairperson of the interview committee shall be elected by majority vote of the members of said committee and be it further , RESOLVED , that the interviews of all candidates shall be open to the public in a manner consistent with current Town policy and be it further , RESOLVED , that the interview committee shall propose the names of at least two qualified candidates to the Town Board for its consideration for appointment . In the event that only one qualified individual should make application for a vacancy on a town board and said individual is proposed by the interview committee , the Town Board may re - open the interview process for the purpose of seeking additional candidates . Carried Unanimously SET DATE FOR PUBLIC HEARING ON A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PROCEDURES FOR SITE PLAN APPLICATIONS AND MODIFICATIONS RESOLUTION # 4$ 4P� By : Councilman Niklas Seconded by : Councilwoman Leary RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on July 8 , 1991 to consider a local law amending the Town of Ithaca Zoning Ordinance relating to procedure :) for site plan applications and modifications . Carried Unanimously TOWN OF ITHAC: A WARRANTS RESOLUTION # dl 5 3 By : Councilman Klein Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated June 10 , 1991 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . $ 62 , 853 . 29 General Fund - Outside Village . . . . . . . . . . . . . $ 411102 . 41 Highway Fund - . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41 , 540 . 49 Water & Sewer Fund - . . . . . . . . . . . . . . . . . . . . . . $ 63 , 765 . 77 Capital Projects Fund - . . . . . . . . . . . . . . . . . . . $ 13 , 862 . 54 Lighting Districts Fund - . . . . . . . . . . . . . . . . . $ 544 . 73 Carried Unanimously BOLTON POINT WARRANTS RESOLUTION # /S By : Supervisor Raffensperger Seconded by : Councilman Whitcomb RESOLVED , that the Bolton Point Warrants dated June 10 , 1991 , in the Operating Account are hereby approved in the amount of $ 95 , 653 . 10 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . Carried Unanimously CONSIDER REFUND ON WATER AND SEWER ACCOUNTS RESOLUTION # -5 By : Supervisor Raffensperger Seconded by : Councilman Niklas ( 1 ) WHEREAS , the customer at 114 Winston Drive was over billed for water and sewer charges due to estimated readings for three quarters , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 119 . 32 for water , $ 17 . 65 for water surcharge , $ 106 . 57 for sewer and $ 8 . 34 for sewer surcharge , for a total refund of $ 251 . 88 to be made to Chung - Chuann Wang , 114 Winston Drive , Ithaca , New York . ( Account # U - 3095 ) ( 2 ) WHEREAS , the! customer at 106 Penny Lane was over billed for water and sewer charges due to several estimated bills and the error was not discovered until an actual read came in for the June billing , resulting in .a credit , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 79 . 65 for water , $ 11 . 74 for water surcharge , $ 102 . 88 for sewer and $ 5 . 56 for sewer surcharge for a total refund of $ 199 . 83 to be made to Mr . Frederick Pough , 106 Penny Lane , Ithaca , New York . ( Account # T - 3774 ) ( 3 ) WHEREAS , the customer at 159 Pleasant Grove Road has had sewer billing since 1987 , when the 10 year sewer moratorium was up and since the Town of Ithaca Engineering Department has confirmed that there is no public sewer available to her , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 173 . 86 for sewer and $ 34 . 52 for sewer surcharge , representing incorrect billing from 3 / 87 to 6 / 90 , for a total refund of $ 208 . 38 , to be made to Mary Duhe , 159 Pleasant Grove Road , Ithaca , New York . ( Account # T - 1571 ) Carried Unanimously EXECUTIVE SESSION RESOLUTION iL.L jlo 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 related to South Hill Trail , a personnel matter and possible litigation . Carried Unanimously OPEN SESSION' RESOLUTION # 45 r,7 By : Councilman Niklas Seconded by : Supervisor Raffensperger RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . Carried Unanimously ADJOURNMENT The meeting was adjourned at 10 : 40 p . m . r. Respectfully ubmitted , Be ty Poole Deput Town Clerk