No preview available
HomeMy WebLinkAboutTB Minutes 1991-07-08 TOWN OF ITHACA TOWN BOARD MEETING July 8 , 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 David Klein , Councilman Frank Liguori , Councilman Karl Niklas , Councilman ABSENT . Catherine Valentino , Councilwoman ALSO PRESENT : John Barney , Town Attorney Dan Walker , Town Engineer Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Floyd Forman , Town Planner Dan Collins , NYSEG Melanie Chapel , NYSEG David Auble , Town resident Ted Wixom , Bolton Point Jim Hilker , Burns Road Jim Mayer , 1251 Trumansburg Road Rich Leonardo , 1134 Danby Road Paul Rider , Lansing Orlando Iacovelli , 347 Coddington Road Representatives of the Media : Greg Williams , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . NYSEG PRESENTATION REGARDING PROPOSED CONSTRUCTION AT MILLIKEN STATION Dan Collins from NYSEG thanked the Supervisor for allowing him time to present the proposal for the installation of a flue gas desulfurization system . He then introduced Melanie Chapel from the Binghamton office of NYSEG who is an environmental licensing specialist . Mr . Collins continued , noting that this was a project that will be impactful to Tompkins County . You will see it and during the construction you might even hear it , so the Board needs to know something about what is going on . We are making the rounds of all of the Towns to make sure everyone has the opportunity to make con? nts and to let people know that he was available to answer questions . Mr . Collins went on to say that the Clean Air Act Amendments of 1990 , probably the most far reaching piece of environmental legislation every enacted in this county and we in the utility industry are feeling the leading edge of it . In order to meet the standards imposed by the Clean Air Act of removing sulfur dioxide Town Board Minutes 2 July 8 , 1991 and nitrogen oxide from the atmosphere , we began as early as last August to look at our options . At that time we identified two hundred ways to comply , that list is now down to twenty , at this point , and we are still working on it . But , in the meantime while we were looking at all this something called round four of the Department of Energies Clean Coal Technology funding came up with a window of opportunity for us to apply for and hopefully to get a Department of Energy grant in the amount of sixty-five million dollars to help defray the cost of the one hundred and fifty-nine million dollars for this project . One of the things that keep coning up in our study of the two hundred options is flue gas desulfurization . This is a process through which sulfur is removed . In the case of Milliken Station we plan to use a wet scrubbing system which uses a combination of limestone and water . The limestone is ground into a powder , mixed with water to form a slurry and that is sprayed into the flue gases as they leave the power plant . The molecules of limestone hook up with the molecules of sulfur and they drop to the bottom and after a oxygenation process , a dewatering process , the product that cones out the end of the tube does not have to be put into a landfill , it ' s called gypsum . Gypsum is a marketable product . The other residue from the plant. will be calcium chloride which is also a marketable project . Our objective in this demonstration project that we are proposing to the DOE is to put nothing into the landfill which will extend the life of the landfill many , many years into the future . Mr . Collins went on to say that the limestone would probably cone in by truck . There will be about twenty-five truck loads a day of limestone coming in and there will be about twenty-five truck loads a day of gypsum going out . The trucks that come in with the limestone will be taking out gypsum . He noted that NYSEG has letters of interest from National Gypsum and Cargill Salt for the respective output of the plant . One of the visual impacts that you will see will be the smoke stack , it will no longer be sending out smoke it will be water vapor . The current two stacks there are 211 feet tall , they will be removed and will be replaced by one vapor stack 375 feet tall , with the desulfurization unit built into the base of the stack . The appearance of the plant as seen from the West side of the land is certainly going to change , a larger stack and the plume coning out of the stack will be white . The objective is to reduce the sulfur dioxide by approximately 95 % and a concurrent reduction of nitrogen oxides . Currently there are thirty thousand tons of sulfur dioxide going up the sucks when we get through there should be less than three . During the course of the project there will be two hundred construction jobs on site and at the end of the construction project there will be twenty-five jobs at NYSEG to run the plant , that is over and above the number of people employed there now . If all goes well , we will get the grant and, that will help keep the cost down . The cost of the project could amount to 3 % . 4 % , it depends on what we get from DOE , in additional cost of electricity . The DOE will make a selection by September of this year , there will be a years worth of negotiations with the DOE on the fine points of the engineering of the project as well as on the money . Construction will start in 1993 and will be completed in the Spring of 1995 . Councilman Niklas stated that he would like to have the Highway Superintendent comment on what it means having twenty-five trucks coming in and out extra per day carrying that volume of material . And , he would like Mr . Collins to comment , in terms of your letters of interest , as to what probable route those trucks would be taking . Ms . Chapel remarked that it would probably be helpful if the Highway Superintendent knew what the potential routes were that they were looking at . We are looking at getting the limestone from Michigan so the routes that we are looking at are North of the Town Board. Minutes 3 July 8 , 1991 plant through Cayuga County . We are looking into limestone sources locally but so far they don ' t meet the specifications for the quality of limestone that we need in a system like this . Mr . Collins remarked , if you don ' t have the right purity in the limestone you won ' t get gypsum . Everything is a very delicate balance . These trucks will be coming down the Thruway through Cayuga County . Ms . Chapel went on to say that one of the things that she was involved with was going through the proper environmental review processes . We have an environmental consultant who will be doing a traffic study and will begin their investigation this summer and will be looking at the various potential routes and the possible impacts of: the truck traffic . Also , they will be looking at trains and barges but our initial feelings are that they are more costly options but we have only looked at it in a very broad sense . Councilman Niklas asked if copies of these reports could be given to the Town Planning staff . Councilman Niklas then asked if the Michigan source of limestone did not work out , what were the alternative local sources even though they do not meet the specifications ? Ms . Chapel replied , we would have to find something that met the specifications . There are no local sources , that we are aware of , at this point . There are other sources in Pennsylvania and other parts of the Northeast . Councilman Niklas replied , so it is not likely that the traffic would be passing through the Town of Ithaca ? Ms . Chapel replied no , it doesn ' t look likely . The gypsum plant that is interested is located in Western New York and that would be taking a Northern route also . Highway Superintendent McConnell asked what size trucks was NYSEG planning on using? Ms . Chapel_ replied , twenty ton trucks . Supervisor. Raffensperger remarked that she had heard the warning about noise , she asked what did that mean? Mr . Collins replied , construction noise . There will be no difference in the operating noise . Town Attozney Barney asked about blasting . Mr . Collins replied , we have to take the chimneys down and will be done by blasting . Councilman Niklas remarked that he observed that the stack that will be releasing this 95 % reduced sulfur concentration is sufficiently higher than your current stacks . Even though you are reducing :your emissions of sulfur by 95 % could you give us any feelings , on a daily basis , of what volume of sulfur material that 5 % really really constitutes ? Mr . Collins replied that it would be less than three thousand tons a year . Councilman Niklas went on to say that even though the concentration of sulfur is decreased , the point at which it is being released is significantly raised and there is a very simple law of physics that I Town Board Minutes 4 July 8 , 1991 for any settling of velocity , if you have a greater height of release , you have a greater radius of dispursal . Mr . Collins replied that if they were building that power plant today the chimneys would not be 250 ' they would be 375 ' . Councilman Niklas asked what was the increase in the width of the chimney? Ms . Chapel replied that the chimney was going to be very wide . (The Board was then shown a crude computer drawing) . Mr . Collins added , you have to realize that we have not yet even began the studies on this . The consultant has just been hired and the indepth studies have not begun yet . We don ' t have a lot of details . Councilman Niklas asked if there was a copy of the grant application available to the public ? Mr . Collins responded that the Public Library did not have roan for it so it :has been filed in the Myron Taylor Law Library and at NYSEG . Councilman Niklas asked if the resale value of the gypsum and calcium carbonate was significant? Mr . Collins replied , no . Ms . Chapel added , the big plus is that we won ' t be paying the landfill costs . Mr . Collins continued , if we are successful with this we will be giving it away . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger stated that today , the Town received , fran the Association of Towns another version of the amount of State Aid that the Town of Ithaca may receive . She noted that it looks like some was given and some was taken but it is really impossible at this point. to be sure . Later on in the agenda we will consider possible budget modifications but we are not yet prepared to ask for budget amendments because we don ' t know what is going to happen as the year goes on . The Supervisor went on to say that the Town had received information on a retirement incentive program for municipal employees . If we are to participate , a local law is required and must be passed on or before August 16th , The Town staff is attempting to access the potential cost involved in the program. The costs seemed so substantial along side other State early retirement programs that we will recheck our understanding of it . She asked the Town Board to set the date for a public hearing for August 121h so that if the Town wishes to participate in the program , after we get more information , we will be able to do that . Supervisor Raffensperger noted that the Town had also received word of a Records Management Improvement Grant from the State Education Department in the amount of $ 5 , 000 . The program will require a waiver from State budgetary restrictions and the grant is contingent upon the State Education Department receiving that waiver . Nevertheless , she stated that she would ask the Board to authorize her to sign the grant acceptance form . This award gets us in on the first floor of a tiered grant structure for records management . I Town Board Minutes 5 July 8 , 1991 The Supervisor went on to say that she had also received a phone call yesterday from Andy Yale from the City of Ithaca asking for a Town representative on a new City Committee or Commission on public transportation , the first meeting will be held on July 11th at 3 : 30 P . M . , at City Hall , Councilwoman Leary volunteered to be the Towns representative to the City Committee or Commission . RESOLUTION NO . 158 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby appoint Councilwoman Patricia Leary as the Town representative on the City of Ithaca ' s Traffic Reduction and Public Transit Committee . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER THE EARLY RETIR MaU INCENTIVE PROGRAM RESOLUTION NO . 159 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on August 12 , 1991 to consider a local law electing a retirement incentive program as authorized by Chapter 178 , Laws of 1991 for the eligible employees of the Town of Ithaca . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . GRANT ACCEPTANCE FORM FOR RECORDS MANAGEN'NT GRANT RESOLUTION N0 . 160 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Supervisor to sign the grant acceptance form for the Local Government Records Management Improvement Fund Grant of $5 , 000 awarded to the Town of Ithaca , June 14 , 1991 , and FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca understands that the State Education Department has requested a waiver frcan current New York State expenditure restrictions and the payment of funds is contingent upon that waiver being granted . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . Town Engineler ' s Report Town Engineer Dan Walker report that most of their efforts had been spent on the water and sewer projects . On West hill the sewer construction is about 90 % complete , with some laterals and site restoration remaining to be completed . The water main tie into the existing main was completed on Monday night , July 1 with a temporary service interruption to the Professional Building . I Town Board Minutes 6 July 8 , 1991 Watermain installation is continuing along Route 96 this week . on South hill the site grading and fence installation has been completed along the watermain and the new tank area . The fiberglass instrument shelter has been installed and the controls will be _installed this month . The Engineer went on to say that they were in the process of awarding the bid for construction of the first phase of the Inlet Valley water and sewer project and the construction start is anticipated by the end of July . The notice to proceed will be issued after all required paperwork has been received from the Contractor and processed by the Engineering and Legal staff . Cornell University has let the construction contract for the Route 366 watermain extension to Paolangeli Construction and a late July construction start is anticipated . The Town Engineering department will be checking construction for compliance with Town specifications , in preparation for Town acceptance of the watermain after completion . The Town Engineer continued noting that the sewer capacity monitoring study initiated jointly by the Town and City Engineering departments to evaluate the possible capacity problems is continuing . Data from the University Avenue and Thurston Avenue monitoring stations has been processed and the Town Engineering staff is working with the City Engineering and Sewer Departments to develop an engineering report and recommendations . Site work on the Ithaca College road relocation and science building is continuing on the site and the Engineering department is providing periodic site review to monitor sediment and erosion control and sanitary sewer construction . He noted that he had just discovered today that: they may be doing some blasting but they will have proper blasting permits . The Engineering department has not worked very much on the Comprehensive Plan this month except to provide information on utilities . The various intermunicipal agreements are being evaluated and updates of the agreements are in the development stage . The Mitchell street sidewalk has been surveyed and the design is being completed by the Engineering and Parks departments . Construction of the sidewalk is planned for late July and August , and will be done by the Parks and Highway Department with technical assistance from the Engineering department . The sewer inspection program has begun with the Danby Road sewer survey and inspection . The Assistant Town Engineer has been working with two of the summer engineering interns on this work . The engineering construction office has been delivered and set up at the Highway department . The electricity has been connected and the telephone cable has been installed . The phones will be connected to the Highway Department phone system by the end of the week . This will .provide a base of operations for construction management and the summer student interns . The Engineer went on to note that today he received notice fron the County that the Town had been awarded a grant of about $3 , 000 for work on the Coy Glen landslide areas . Highway Superintendent ' s Report Highway Superintendent Scott McConnell reported that in June the Highway DE:partment ' s work consisted mostly of general repairs throughout the Town . A lot of pot holes were filled and some roads that were in bad shape were repaired with hot mix asphalt , namely Chase Lane and Calkins Road . Some roads were ditched and had shoulders c:ut . We also had the catch basin cleaner for two weeks so we manacled to clean all the storm sewer catch basins and swept a few roads . The Highway Superintendent noted that permanent improvement work done on Sar.Ldbank and Townline Roads consisted of shimming , patching and leveling . Northview , Pineview and Hickory Place were patched , Town Board Minutes 7 July 8 , 1991 leveled and shimmed . All these roads were being prepared for surface treatment in August . Elm Street Extension ditches were cleaned and repaired after the rain . The Forest Home bridge walkway decking was repaired except for the West end , which required some materials to be ordered . This work will be finished in July . Most of the shoulders on West Hill and South Hill were mowed . Mowing will continue in July . The Highway Department also assisted the Engineering Department constructing the pad , setting the trailer and installing the electric line for the temporary site . He noted that July ' s work will concentrate on ditching and cutting shoulders , and scene water and sewer repairs . Highway Superintendent McConnell stated that Monday of last week they removed the bulk fuel storage tanks that were on site . We are permitted for three storage fuel tanks which we were not using . We removed one of then three years ago , earlier this year we removed the second one and now have removed the third one . We have received DEC ' s approval and will be off of the permit in October when they are up for renewal again at a cost of approximately $ 2 , 500 . The Highway Superintendent then presented the Parks and Open Space Manager ' s Report noting that the Grandview Park play structure was completed on June 25th . A total of 233 man hours were spent , which included :relandscaping and repairing the lawn disturbed during construction . The entire structure will be sprayed with sealer at the end of this summer . Shade trees will be planted around the periphery of the structure this fall . Play structure safety upgrades were resumed where Don left off last fall at Salem , Tareyton and Northview Parks . A total of 48 man hours were spent in the last week of June . Safety and maintenance inspections were completed on these three structures . Spraying with sealer will be ccn pleted sometime this summer . Dry weather slowed down growth of our lawns , thereby requiring a total of 128 man hours , which is less time than normally required for June . Various routine maintenance tasks occupied 163 man hours . Jobs included lawn repairs for Engineering and Highway Departments , building steps for Engineering ' s trailer , spraying Roundup herbicide on park driveways , parking lots and gravel walkways , staking and watering trees planted at Troy Park this May , replacement of several broken swing seats and chipping of brush at Town ' s drop-off site . July Parks projects include paving of Winthrop sidewalk , Lisa Lane , Sandra Place and Texas Lane walkways with the assistance of the Highway Department : play structure upgrades at Hungerford Heights and Tudor parks ; continued staining all park furniture ; begin trimming of shrubs and trails at all facilities ; continue regular grounds maintenance and continue watering at Troy and Grandview parks . Councilman Klein remarked that the Highway Superintendent had mentioned that they had to repair a lot of pot holes on certain roads that were in bad shape and one you mentioned was Chase Lane . He asked if this wasn ' t a rather new road to be in such bad shape ? The Highway Superintendent replied , yes . This is scmething the Public Works Committee has been discussing and scanething that our new Highway Road Specifications has been trying to address for the last couple of years . That road was built under the old specifications which the top coat is basically a double oil and stone coat which is not satisfactory for a long life , especially with construction traffic using it . Unfortunately that lower end was accepted by the Town , there was no guarantee for that portion of it . The other part does have a guarantee of workmanship for one year . The other places where we have problems is Whitetail and Saranac . Town Board Minutes 8 July 8 , 1991 Councilman Klein continued , on the sidewalks that you are going to be paving , are these currently gravel walks ? Highway Superintendent McConnell replied yes , currently gravel walks or oil and stone walks . There is a part of Winthrop by the school which is asphalt and we won ' t be doing that . Councilman Klein asked if this would be five foot of blacktop? The Highway Superintendent replied that they were hoping to put down six foot of blacktop , most of the gravel walkways are eight feet . Councilman Klein asked if the people who live adjacent to the walkways have been notified? Some of these go through backyards . Highway Superintendent McConnell that Rich and Don have talked with the people by the Lisa Lane walkway where there are really nice blue spruce trees that are right up against the trail , and the people have been very cooperative but picky about how they want things done . We are trying to notify as we go . Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that they . had issued 12 building permits during the month . 15 Certificates of Occupancy were issued , one of those was actually for the Cornell Maplewood Apartments which has been carried over with temporary certificates for a couple of years . The one remaining issue we have with the Maplewood Apartments is continued existence of a quonset but that was originally supposed to be removed from the property . They have been to the Zoning Board and will be back at the end of the month to hopefully resolve the issue . We investigate d twelve complaints , two being for filling in soils without a permit contrary to what our new regulations are regarding fill or extraction . Performed 110 field visits and issued one sign permit . Councilman Whitcomb questioned the complaint about filling without permit , he asked how Mr . Frost had resolved this ? The Building Inspector/ Zoning Officer replied that this was at the Zebart loci3.tion , fill material was coning from Ithaca College and he felt the Town Engineer could fill in the blanks on this as it also had something to do with an easement , he thought . Town Engineer Walker replied that there was no easement , the contractor excavating for Ithaca College requested to deposit fill and had a site that had requested fill . He stated that he went out and reviewE.d the site it was after the fact the placement of the fill , it was about 400 yards of material . There was about a twenty foot buffet- strip around the area and was not causing a problem . Mr . Frost remarked that the fill removal was actually tied into the site plan approval for Ithaca College . Councilman Niklas remarked , that ' s the giving end but the receiving end is the real concern and if abating in this case means okay , you did it that ' s fine , then he felt the Town had a problem . Councilman Klein remarked that he guessed he agreed with Councilman Niklas that. if fill was taken from Ithaca College Science Building and taken over to that Danby/King Road site , he thought that the ordinance required a permit for that site . Town Board Minutes 9 July 8 , 1991 Mr . Frost. replied no , the way the ordinance reads is that if the filling is being done in conjunction with an approved site plan , he thought that if it was tied into a specific site plan approval then they were exempt from the permit Town Attorney Barney replied that the intent was that the site plan review wa.s basically where fill was being removed , for instance you are building a road and you have to remove fill from the upper part of the road to the lower part of the road to even it out , that was considered as being done as part of the site plan review by the Planning Board and wouldn ' t require a permit . But if it was fill being trucked all together away without and particular review . . . ,, . . . Building Inspector/ Zoning Officer Frost remarked , the way the law reads is that "the following are exempt from the requirements as set forth above " and set forth above is when you need the permits . Both Councilman Whitcomb and Councilman Niklas felt that to deposit the material to another site would require a permit unless it was specific in the site plan review . Councilman. Niklas stated that he would like to make the recommendation , since this was not the place to resolve the issue , in specific reference to the removal of material fran the Ithaca College construction site he would like staff to get together with the Town Attorney , in particular , to look into whether or not this is permitted . If what actually happened is technically permitted in the Zoning Ordinance , as currently drafted , because if it is , as far as he was concerned it was in direct violation of the intention which means we have to modify that ordinance .invmediately because it is not satisfactory . This is not a matter for discussion , this is a request :because we are not going to resolve it now. Supervisor Raffensperger remarked that in the Board ' s discussion it is evident that nobody ever thought that the fact that you had a site plan and could remove material or move it around on the site gave you an unlimited right to take material off the site and dump it any place you wanted too Councilman Niklas remarked that what the Supervisor just said is the focus here , is precisely the one , the none specification of the dumping site and it was his understanding that that law was to prevent that from happening . That was why he was asking the Board to table this discussion , have the staff evaluate and he would like COC to be informed as to the upshot of the discussion because he would place it on the agenda it that is actually permitted . Supervisor Raffensperger agreed that the Board needed an interpretation . Town Planner ' s Report Town Planner Floyd Forman reported that the Planning staff in cooperation with the Ca prehensive Planning Committee and Stuart I . on t Brown Associates continued work he canprehensive plan . Work during this time period focused on formulating a draft preliminary land use map for the year 2010 with assistance of the Land Use Subcommdtte.e . This land use map is a working document . It is being used by staff and CPC members for discussion purposes only . Staff also spent time working with Ron Brand of Stuart I . Brown Associates and the Transportation Subccnlnittee in evaluation of the Town ' s existing road network . The Comprehensive Planning Committee held two mE.etings during this period on June 11th and July 2 . The Land Use Subcammittee met on June 17 and 25th . The Transportation ��.n.�nr�roi��u•un—n®uuu�n�ur�7�au�®nrtuur»tnnrt�niriiii Town Board Minutes 10 July 8 , 1991 Subcommittee met on June 14 and 19th and the Coordinating Committee met on Juae 11th . The Town Planner noted that the Planning Board had met on June 18th and July 2nd . The three subdivisions and two site plans presented were approved by the Planning Board . The Planning Board also recommended approval to the Zoning Board of Appeals for both projects presented by Cornell University for modifications to previousl;*i granted special approvals . At its June 18th meeting the Planning :Board gave final approval to the Scope for the Cornell GEIS . The Town Planner went on to say that the Planning staff continued to work with the Conservation Advisory Council on a number of I ssues , including the Open Space Inventory and natural resources related elements of the Comprehensive Plan . Staff attended two meetings of the CAC since the previous Town Board meeting , the 20th and 27th of June . Staff also attended a meeting of the CAC Agriculture Committee on June 26th and meetings of the Open Space Committee on the 11th , 18th and 25th of June . Mr . Forman reported that the Planning staff continues to work with the Building Inspector/ Zoning Officer and the Town Attorney to support the efforts of the COC . The Committee met on July 1st . The major focus of the COC continues to be consideration of revisions to the Town of Ithaca Zoning Ordinance and other land use regulations . It also continued its discussion of the proposed Environmental Protection Overlay District and other land use related environmental protection mechanisms which the Town of Ithaca could consider in the coning months . The Town Planner continued , noting that staff member Scott Dvorak and Planning Board member Judith Aronson attended the New York Planning Federation ' s Conference on Affordable Housing in Syracuse on June 26 . The speakers focused on what municipalities could do to provide affordable , owner-occupied housing . Their suggestions ranged from identifying and obtaining federal and state financial support to forming public/private partnerships . on June 28 Scott Dvorak attended a bicycle transportation meeting at Cornell University. Cornell is finalizing a bicycle transportation plan for the campus and wanted to inform surrounding municipalities of its plans as well as provide a forum for intermunicipal cooperation on bicycle issues . After discussing their current activities it was agreed to meet again in mid-September . Councilman Whitcomb remarked that he noticed that at the next Planning Board meeting , Cayuga Lake Estates is coning back . He asked , at what stage of the process are these people ? They continue to modify their site plan considerably but that area is under consideration by both the Comprehensive Planning Committee and the CAC; for significant open space preservation , etc . Assistant Planner George Frantz replied that they have requested , again , preliminary subdivision approval at the upcoming meeting . We haven ' t completed the environmental assessment for the project , at this point , however , again we are going to look very closely at it . We are not ready to make any reccnutendation . Town Attorney ' s Report Town Attorney John Barney stated that the Appellate Division ruled against the Towns appeal on the Hull matter . We won in terms of restraining him from using it as a commercial operation but he was permitted to maintain some warehousing and the lower court ruled that included continued storage back and forth and the Town Board am Town Board Minutes 11 July 8 , 1991 decided to go ahead and appeal that decision even though there was a question . Unfortunately the Appellate Court sustained what the lower court had ruled . He can now continue to use the building for storage pretty much as he has been doing for the last several years . We do have an option which we can take up in Executive Session if the Board so desires . Town Committee Report ' s Conservation Advisory Committee John Whitcomb noted that his ccumittee been very busy working on the Open Space Index Report . The Agriculture Committee has been extremely active and has cane forth with some recommendations which the CAC will be looking at . He noted that he had written a letter to the Comprehensive Planning Committee which represents , he thought , -the sentiments of the CAC in that the large parcels of land in Inlet Valley currently has been growing a lot of " for sale " signs and at the me ment that land is in the hands of a few landowner.; . If we were further along on our Comprehensive Planning process wx� could do something creative in terms of land in that area . That parcel also was identified by the CAC Open Space Committee as having some of the most desirable features in terms of open space and natural areas and he was concerned that the opportunity to do something creative in terms of planning in that area may be lost if the parcels are subdivided into a number of small building lots or other small parcels in that area before we have our act together . The letter gave no recommendations it just asked a ncm -ber of questions as to where we proceed from here . He stated that he would hope that this might be something the Comprehensive Planning Committee might discuss . Councilman Liguori asked if this couldn ' t be handled under site plan review or subdivisions ? Councilman Whitcomb replied that he was not sure if we have enough teeth in our current regulations to dictate the kind of things to be done there . Councilman Niklas remarked that actually at this stage we do not know whether or not the Zoning Ordinance is adequate or inadequate because for all intense and purposes we don ' t know what our objectives would be in that area . And until you really know what your objectives are , what your plan is , you can ' t assess the Zoning Ordinance in terms of its adequacy . He went on to say that because there is a relatively small number of people who own this land , one approach might be for the Town Planning staff , unofficially , to approach those owners and discuss what the Town ' s concerns are and ask the property owners what their broad objectives might be and then to enter into a dialogue . There is nothing binding in it , and he felt it would be good to have information flowing back and forth . The consensus of the Board was that this was a good suggestion . Councilman Niklas added , we might enter into a discussion as to the Town acquiring some land which he felt would be one very positive constructive approach in dealing with an otherwise potentially difficult :situation . Town Planner Forman remarked , or just raising the issue and possibly not acquiring the foresaid in fee simple may be acquiring the develorment rights to it . Town Board Minutes 12 July 8 , 1991 Councilman Klein asked if the Board could receive a report from the Town Planner at the next meeting? The Town Planner replied that he would make contract but beyond that he Couldn ' t tell the Board what would happen . Councilman Liguori remarked that he had not found an area in the Town of Ithaca that did not have a critical environment . Councilman Whitcomb went on to say that at the next Town Board meeting there will be a discussion , he hoped , of the CAC ' s recently adopted resolution which requests the Town Board to create an open space acquisition fund . Codes and Ordinance Cammittee Councilman Niklas stated that Codes and Ordinance was dealing with a number of issues such as the Environmental Protection Overlay District , addressing initially stream corridors . We have also included , per CAC recommendations , certain things , possibilities , in fact we have even added our own lake frontage . We are also looking at permitted uses in Business District "D " , we are reevaluating that because of a memorandum from ZBA regarding the definition. of gas stations . We have a sign posting ordinance drafted and he understood that the CAC had some comments but he had not received them in time for the last meeting but they would address them at the next COC meeting and then approach the Town Board to :set a public hearing . Councilman Niklas went on to say that the draft legislation for the Stream Corridor Protection , draft legislation currently refers to a map which identifies the boundaries of those stream corridors to be protected . It seems to him that they are at a stage where it might be useful to have the Town Supervisor or the Town Board instruct Planning staff to begin drafting the preliminary map . He stated that he did not feel comfortable having the public evaluate a draft piece of legislation or members of the Town Board without some visual reference , without some land marks as to where these boundaries may be . With the understanding that if such a map were drafted that these boundaries would be very preliminary and only there for open discussion of the open space . Town Planner Forman remarked that in his opinion a map was needed before you go ahead with the Environmental Overlay District because that is sort of the meat of its If someone comes in they should be able to take the overlay and set it down on the existing zoning and know what they are in . The problem is time . We are taking a step back with the Comprehensive Plan now and we are also taking , he hoped , rather quick steps ahead once we firm up our goals and objectives .. And , unless the Board tells him it is an A-1 priority , he would do what they wanted him to do , because he did see it as being important but in terms of time he did not know if the time was there right now . Councilman Niklas replied that he was sensitive that right now staff has more than they can possibly deal with and the only point in raising this is that at some point we have to coordinate the maps with -the draft legislation . He went on to say that a couple of months ago he had asked the Town Board members to list in priority the activities of the COC and at the top of the list by virtually every member of this committee was the conservation district or a way to deal with the environmentally sensitive areas of the Town . He did not want this to be binding right now , he just wanted , historically , to remember where the priorities were a couple of months ago . He stated that he did not want this to be resolved now but he understood that the Comprehensive Planning Town Board Minutes 13 July 8 , 1991 Committee has an executive coordinating committee and he was asking that that committee take this up at their next meeting and that it communicate its decision to CDC so we have some feeling of how we coordinate efforts of staff and the committee . Supervisor Raffensperger remarked that she had seen a lot of maps recently . . . . . Councilman Niklas stated that the steep slope map probably cams the closest to the boundaries that may identify the stream corridors and he would like to make a recommendation to the Coordinating Committee that staff and the Committee discuss the possibilities that that map act as a rough bases of what the district might look like . Town Planner Forman remarked that sometimes when you cane up with rough drafts people tend to think they are carved in concrete . Ccmprehensive Planning Committee Councilman. Klein reported that the status of the Comprehensive Plan is that e have , several times , reviewed a prelimi w nary land use map and it is a working documents and there will be revisions before it is brought: before the public . Specifically at the last meeting , which was very well attended , we asked staff to put in writing the criteria , the rational that went behind developing that particular map . It had been verbally given to us at the presentation by Ron Brand . And then , there is a lot of focus being put back on developing the goals and objectives so staff is working tying to edit the goals and objectives . The Goals and Objectives Committee will meet on the 15th to review the progress of the staff . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PROCEDURES FOR SITE PLAN APPLICATIONS AND MODIFICATIONS Proof of posting and publication of a notice of public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance relating t:) procedures for site plan applications and modifications having been presented by the Town Clerk , the Supervisor opened the public hearing . James Hilker , 255 Burns Road stated that Bill Farrell had handed him some papers and asked him read them tonight to the Town Board . He then read the following letter : Town Board , Town of Ithaca From : Town of Ithaca Taxpayers Association RE : Changes to the Zoning Ordinance " Sunset Provisions " Date : July 8 , 1991 The Town of Ithaca Taxpayers Association is concerned with the effects of the "Sunset Provisions " of the proposed amendment to the Zoning Ordinance . we object to Section 46-d , Item 9 . This item should be deleted as the Zoning Ordinance does not at this time identify , quan y or qualify these items . No definitions or boundaries are in the present Ordinance . Until the new Zoning Ordinance is established , these item: should not be addressed . rir•aroomm�nrmrnlumss®iws r ffff� Town Board Minutes 14 July 8 , 1991 The Town of Ithaca Taxpayers Association is totally opposed to passage of this law with these items left in . Section 46-e , page 5 , item 3 . This amendment to the Zoning Ordinance is unreasonably strict as written . We suggest that the wording be changed to "within one year from the issuance of the building ;permit authorizing such work , or within 48 months of the date the Planning Board gave final site plan approval , whichever is later " . These changes would make the proposed amendment fairer to the Town of Ithaca landowners . As they are written , the proposed changes to the Zoning Ordinance are unacceptable to the Town of Ithaca Taxpayers Association . William Farrell President " As no one else in the public wished to speak , the Supervisor closed the public hearing . She then asked the Board for discussion , including discussion of the points made by Mr . Farrell by Mr . Hilker . Councilman Klein asked , what was the first paragraph that he conunented on? Town Attorney Barney remarked that he thought they kind of mixed . . . . . the first sentences * . . . . . their concern is with the sunset provisions which is section 46-e which is referred to later on in here . Councilman Klein remarked , go to 48 months . . . . Town Attorley Barney replied , so to 48 months or whichever is later but the way it is phrased now it ' s within 24 months or the year of the issuanJ"e of the building permit , which ever is earlier . Councilman Klein asked about the Taxpayers Association ' s cents . Supervisor Raffensperger replied , basically it says it ' s unreasonable strict as written . They suggest the wording be changed to within one year from the issuance of the building permit authorizing such work and that is substituting . . . . . . . . . she stated that she vjs still trying to find the paragraph . Councilman Niklas remarked , it ' s on page 51 or within 24 months of date the Planning Board gives final site plan approval . Essentially their suggestion is to double the period of time . The Town Board should recognize that the 24 months from the date the Town Plann_��ng Board gives final site plan approval does not include the leeway time , the buffer that the applicant has to reapply for an extension of that date and the Town Board should also recognize that there is no limit to the Town Planning Board granting continuing waivers or continuing extensions beyond that 24 month period , dependent upon the reasonableness of the request for the extension . Councilman Liguori remarked , there is also no guarantee that they will grant its Councilman Niklas replied , there is no guarantee that anything is ever grantE.d when you are asking of permission from any agency , just like anything else , ZBA , Town Board , Planning Board . Councilman Liguori asked what was the rationale of the 24 months ? ffm��IR��\�LYBI II�11YY'JNII\\klilY ll H��I[FYN1fIillYlillY\I�liil Town Board Minutes 15 July 8 , 1991 Councilman Niklas replied well , the rationale was that it seemed a very good and reasonable period . Councilman Whitcomb asked if this wasn ' t done at the request of one of the Codes and Ordinance members who was a builder? Councilman Niklas replied yes , we have a , . . . . that actually was a smaller amount of time and a representative on Codes and Ordinances who is a builder/contractor asked if we couldn ' t be more reasonable , couldn ' t we give more time . We essentially increased it to 24 with the idea that you could continuously request extensions and that person , Harrison Rue , said that was a reasonable amount of time . He was more comfortable with that , the rest of us felt that was a reasonable thing to do . Supervisor Raffensperger went on to say , the other matter considered was Section 46-d , item 9 , on page 4 which talks about the effect. of the proposed development on environmentally sensitive areas including but not limited to wetlands , floodplains , woodlands , steep slopes and water courses and on other open space areas of importance to the neighborhood or community . The objection to this seems to be that no definitions or boundaries are in the present Ordinance . She went on to say that her understanding of this is that these are matters that the Planning Board will. review in a general way but that we were not looking for boundaries of woodlands or steep slopes but that they should consider that when they look at a site plan . She stated that she thought that they already did , so she felt this was sort of an expansion of consideration of the review that the Planning Board has already given . She asked if this was everyone elses understanding? Councilman Niklas replied that the Zoning Ordinance already refers to things like wetlands and floodplains and things of that nature . Town Attorney Barney remarked that right now the Planning Board doesn ' t have any . . . . . these aren ' t specific . . . . . does not have any really set forth criteria to view, he thought it was three things right now , the general health and welfare of the community , something like . . . . . . . . it ' s a very , very broad type thing . And the effort here was to try and articulate those kinds of things and we may have not done it completely successfully but those kinds of things that go into determining whether you are approving or not approving the general health/welfare of the community . It was not intended here to say that you are going to look and see whether you are a wetland , per se , as defined under the environmental conservation law or floodplain . But just generally speaking , if a proposed site cones in and these types of area are in the vicinity or may be just off site , that ' s one of the things the Planning Board should consider in making up its mind as to how best to approach it . Councilman Niklas remarked , it is also fair to say that staff traditionally provided prospective landowners who are going to subdivide or developers who are going to develop , information as to whether or not that site is near a wetland , floodplain area or some other area that the Town Planning staff feels is environmentally sensitive . He went on to say that there is even some more concrete bases for identifying some of these because the Comprehensive Planning Committee has a draft map , it is true , but carefully put together by Planning Staff as to where wetland areas , floodplain areas and certainly steep slopes , even to the point of identifying the extent to which the slopes are angled . This is not meant to be , he felt , as explicit as they seem to interpret it to be . Town Board Minutes 16 July 8 , 1991 Mr . Hilke.r asked Councilman Niklas if he could explain the section that says "and other open spaces " ? Councilman Niklas replied , and other open spaces of importance to a neighborhood or community that have been identified by the Planning staff . When you cane with a site plan process is where you interact with the Planning staff and he felt the point would be that these areas or concerns that the Town Planning Board may have , staff would help you to identify whether or not your sites were near them .. Councilman Liguori stated that the Town had absolutely no policy on open space in terms of restricting it , reserving it or regulating it , and until the Town does come up with a policy that can be interpreted by everybody and have sane meaning , we ought to be very careful on how we use that word , open space . He went on to say that he could see the concerns of people who say these people are going to tell me that they want to preserve scene open space that doesn ' t belong to them and the people are going to be forced to preserve it . He felt the Board should be very careful about that . Councilman Whitcomb stated that he would like to point out that Section 46 a say , general considerations and it says the Planning Boards review of general preliminary or final site plan shall include a� appropriate the following consideration , it doesn ' t say limitations , doesn ' t say restrictions , it says considerations . They will be considering these things which they already consider as a matter of course and this just puts it in black and white . Town Attorney Barney remarked if a site plan came in , say adjacent to the Cocldington Road Ca mnity Center , he felt that the Planning Board under these provision would look at that and say normally we would require a 30 ' buffer but because of this particular open space we would like to see your site plan changed and may be 40 or 50 or 60 ' buffer . It just gives them sane leverage to talk to people and. say these are scene general conditions that ought to be taken into account . There is nothing dealing with an open space policy here it is really looking , where is this project going to be , what ,Durroundst what ' s in it already and how should we deal with some of these things . Councilman Liguori replied , it ' s negotiable . That means there is a give and take on the part of the Town and the developer , etc . Councilman Niklas replied that that was why Councilman Whitcanb was pointing out what heads these various items . Councilman Klein stated that he could relate to these things because if a lot of these items are not put into the Ordinance then the Plannialg Board is really handicapped , as John Barney said , they only have the very general public health , safety and welfare umbrella to make a lot of decisions which could be interpreted as being arbitrary . And by sort of stipulating it , the years he was on the Planning Board , very often the Planning Board reviewing a site plan would want to do samthing and what usually happens is you go to the Ordinance and the Ordinance doesn ' t really cover some of the negotiations you would like to have take place . You are kind of at. a loss . He felt this would give the Planning Board a lot more authority which he did not think they were going to abuse but it gives them that opportunity to make improvements in a lot of i projects . The Supervisor noted that a lot of people had cane in since she closed the public hearing and she was going to give them a chance , however , she was going to let the Board finish their discussion . Town Board Minutes 17 July 8 , 1991 Councilman Niklas remarked that he thought it was also important to bear in mind that the things that are listed in Section 46-d , items 1 to 10 , that it works both ways , it also give you as developers and landowners , scene understanding as to what would enter into the decisions of the Planning Board in granting a site plan approval . In other words , being more specific about what ' s being considered , his ccmmLttee , Codes and Ordinance , felt they would actually protect you because you have it more laid down in front of you rather than sane kind of vague thing about , well the Town Planning Board will consider the general welfare of the community and the general good , etc . , etc . He asked , what did that mean? How do you interpret that ? These are the things that the Town Planning Board , has in the past even before this current administration came into place , has always considered when reviewing a site plan . So , if it is done traditionally , if it has been doing it for the last ten years , why not put it in so that a newcomer to the cc m mity can see what the lay of the land is , so to speak . So , this was really not meant to hurt anyone it was really meant to be much more constructive , to be more helpful , to be more explicit . So he hoped the people would view it , think about it in those terms as well . But , it works both ways . Supervisor Raffensperger noted again , that scene people had cane in after she had closed the public hearing . Richard Leonardo , 1134 Danby Road stated that his mother owns a parcel of property at 1132 Danby Road and approximately twelve years ago his father subdeveloped a piece of that land and it was approved . Mr . Leonardo remarked that his question was , and he referred to Section 46-e at the bottan of page 5 , number 3 , the Planning Board shall give final site plan approval whichever is earlier , not only on the building permit but on the site plan approval . Now , does that mean there is some sort of a term on whether or not her subdevelopment , which has already been approved , has expired? Supervisor Raffensperger asked if it was a subdivision? Mr . Leonardo replied yes , it was a subdivision which has had approval . Supervisor Raffensperger replied that she did not believe this addresses that . Town Attorney Barney added , that is correct . Mr . Leonardo replied , this doesn ' t address that? Supervisor Raffensperger asked the Town Attorney to address the question . Town Attorney Barney added , it ' s a simple answer . This doesn ' t deal with subdivisions just site plans . A man in attendance asked for a copy of the proposed local law . Supervisor Raffensperger went on to say that the public hearings are always advertised in the paper and when we advertise them we always do have available the proposed local law if you wish to get it , so it ' s always available to the public . Councilman Niklas stated that he would like to add scoething to that and that is that even before a draft piece of legislation comes to the Town Board it ' s available from Codes and Ordinance Camdttee through the Town staff . Any draft piece of legislation that our cc�ni.ttee is considering , once it leaves our cam�ittee to Town Board Minutes 18 July 8 , 1991 any other aspect of the Town to ask for its input , that immediately becomes public knowledge and you have the right to ask for a copy of any of those draft proposal . Even before it gets into the general public notice . So anytime you can talk to George ( Frantz ) or Floyd (Forman) or himself and his name was in the telephone book and people can call him , we ' ll make them available . Supervisor Raffensperger asked if there were any other comments from the public , any other Board comments ? She noted that in the Board members packets there is a resolution of the Planning Board which recmmnends to the Town Board the adoption of this proposed local lawO The Board of Zoning Appeals reviewed it and decided it had very little to do with their functions and so they did not come forth with a recommendation one way or the other . It was without prejudice „ Councilman Whitcomb stated that he had several questions . First he wanted to ask the builders in the room , under what circumstances might you cane in and get site plan approval for a project and then wait four years before you start construction ? Would that happen , would that. be a common occurrence and if so why? David Auble replied , in todays real estate environment what we are finding is that financing is almost impossible to get for a project , any type . It ' s really difficult . It sounds as though the economic news is , in this industry , that ' s going to be the case for a long time and he felt you could easily have a scenario where you would have three , four , five years even once you have a site plan approval before you could acquire financing . That easily could happen and he felt this legislation might force sane people to start a project at a lower level , quality wise , then they might otherwise want to . when you get a time clock going , he thought . . . . . . . Councilman Whitcomb remarked that ' s fine but the other half of his question was , will this force somebody to start quicker than they would anticipate or what would be the negatives on that . Mr . Auble replied , there are a lot of sites that are dormant that have been approved as we all know , and he felt he was probably as familiar with those sites just fran market research know what the competition is potentially out there and he thought they would stay dormant for a long time and he thought that the market and the financing environment is such . . . . . he thought Andy (Frost) said . . . . what would you say for new construction as far as permits . Mr . Frost replied that he was not sure what Mr . Auble ' s question was . Mr . Auble replied , in June there how many new structures in the Town? Mr . Frost replied , one . Mr . Auble continued , compared to a phase when there is a high demand , when there is . . . . . what is typical , eight? Mr . Frost replied , eight or ten in a month . Mr . Auble replied , so there is a big percentage difference there . So , he guessed what he saw, and again as we know there are a number of dormant sites and he thought if some of these sites , if this law for instanl::e was on the books a long time ago , he could think of some pretty mediocre developments that would have taken place if someone was either forced into using that or losing it as part of the approval . This way someone can wait until financing becomes Town Board Minutes 19 July 8 , 1991 available or they are replaced by someone who is more financially capable . Someone in attendance , stated that perhaps he might be misreading the regulations , too . Councilman Whitcomb replied that it seemed over time that the community needs change , for example Beacon Hill which is a project that Mr . Auble is very familiar with , was authorized by the Planning Board twenty years ago as a student housing project , multiple residence . Mr . Auble replied well no , it was actually a more upscaled residential , twenty years ago . Councilman Whitcomb added , and the guy went bankrupt and it sat there as an MR for twenty years and now the questions is , is that still appropriate ? An appropriate place given the Town ' s goals and objectives at the present time for that kind of development . He stated that he did not know the answer to that but those are the kind of questions that would be asked . He stated that he would have to see Beacon Hill start construction before they were ready although he did not think they could have in that particular instance . Mr . Auble replied that he thought there were a couple of things happening there . One is , for instance , when the site was taken over , using that example which is what he is the most familiar with , was taken over by Bill Manos . It was actually approved as , he would say , a student rental site and then because of the economics of the situation it was left dormant and then when we came in and we actually voluntarily down zoned the site to residential for sale property with a much higher per square foot cost , a lot of development design work . He guessed he had a little problem , he didn ' t think it applied to his situation right now , but he sees it with people investing hundreds of thousands of dollars in design work that is pretty much wiped out by this type of regulation . Supervisor Raffensperger asked , when would scmbody do that? Why would somebody put all that money into design work if they were so completely aware that the financial climate would really not permit them to start in a timely fashion? She added , if you have to pay money to get money . Mr . Auble replied , generally the design work is done based on current market conditions , anticipated market conditions , if those conditions change during the time the process is taking place , the approval process as we know becomes extended out many times , Cayuga Estates have been here for two or three years , that ' s happening all over the county . . So , a one year , two year time frame makes huge differences in the financial climate and market take place , as we all know . Councilman Niklas asked , wouldn ' t it be to your advantage then to make sure that you have funding for your project as soon as possible , after the site plan is approved ? Mr . Auble replied , that isn ' t going to help you . Let ' s say you got the funding but the market wasn ' t appropriate . There are a number of variables that conspire to defeat development . And he. thought , in a sense the free market controls the development in industry and by artificially adding other levels of controls he thought you were adding unnecessarily to the expense and the unweildyness of regulations as we know from interpreting the fill law . The awkwardnesc� and interpretation , he thought it would be a little bit Town Board Minutes 20 July 8 , 1991 of over regulation situation . Again , he stated that he did not feel , unless he was wrong , he didn ' t know if he was interpreting this correctly , he had a site plan approved by the Town Board . He stated that he did not think this law applies to his site . He then asked the Town Attorney if it did? Town Attorney Barney replied , it would . Mr . Auble remarked , it would . Then he guessed his concern . . . . . . . Town Attorney Barney added , it will but you are subject to basically the same requirements , the point is is that there is no deviation from really what ' s in the law right now . The sunset provision would not necessarily apply to your general site plan because t7tis sunset provision runs from final site plan approval . Assistant Planner George Frantz remarked that he thought there are a lot of subdivisions out there for which construction has not ccomenced . However , this as far as from his experience with the site plan approval process , first of all most of the site plan approvals that he has reviewed for the Planning Board or at least witnessed for the last three years got under construction fairly rapidly after the approvals . There has only been a couple where construction did not comnence immediately . In many cases the developers gathered up their financing as the approval process made its way through the Planning Board . Councilman. Whitcomb stated that he just wanted to clarify something . This essentially adds District R-5 to the existing language in the Zoning Ordinance , is this correct? Which adds it to Multiple Residences , Business "A" I "B " I C and D and the other Special Land Use Districts . Town Attorney Barney replied , that is correct . Councilman Whitconb continued , but it does not include R-30 , R- 15 , those kinds of things for normal subdivisions , he asked if this was correct? Town Attorney Barney replied , right and it doesn ' t really deal with subdivisions themselves , per se . Councilman Klein added , because there are no site plans approvals , per se , in those districts . Councilman Whitcomb then asked , how about rezonings ? Town Attorney Barney replied , this does not deal with rezonings either . He staged that he was iumping . . . adding it does deal with rezonings in the sense that it deals with the process of rezoning , the sunset provision is not dealing with rezonings . Councilman Niklas remarked that he thought , he sensed what Councilman Whitcomb was getting at and he stated that he should point out that CAC recommended to COC that we consider sunset carrying policies for site plan approvals , subdivision , rezoning , special permit . Special permits have already been taken care of in another law . Subdivision approval is not being considered right now, this is site plan approval . At the last meeting of the Town Board we were talking about whether or not sunset periods should be considered for rezoning , which the Town Board does . COC is considering that , we haven ' t gotten to that stage , so we are actually pursuing only one of the recommendations from CAC . But you have to understand as Chair of COC that we haven ' t forgotten all your other recommendations . Town Board Minutes 21 July 8 , 1991 Supervisor Raffensperger remarked , you did realize that this does not apply to R- 15 and R-30 residential . She stated that she hoped Mr . Farrell and the Taxpayers Association understood that it was not for R- 15 and R-30 . Jim Hilker remarked , this is site plan approval under the sunset provision? Supervisor Raffensperger answered , that is right . Councilman Whitcomb added , it ' s for Multiple Residence , R-5 which is trailer and business districts . Jim Hilker stated that he did not know if they realized that or not . In regard to your questions about builders , the increasing awareness of the wetlands and open spaces that are taking place , he stated that they felt site plans are going to be coming under a lot more scrutiny and a lot more approvals required . There is a case in Eastei_n Pennsylvania , outside of Philadelphia , where it consistently takes five years to get site plan approvals any more because of all the sensitive areas they have to scrutinize . This was one concern that he had , forty-eight months is really not that ridiculou.: of a proposal because the recent sensitivity of these areas , it could take a long time to get site plan approval . Both Councilman Niklas and Supervisor Raffensperger replied , but the period, is after the site plan approval has been finally given . Supervisor Raffensperger added , the period of time , the twenty-four months or your suggestion of the forty-eight , cm- es into play after the final site plan approval has been received . Councilman Niklas added , the clock doesn ' t start ticking when you apply for site plan approval , it ' s after the Town Planning Board said go do it . Then after the clock starts ticking , after two years , you have another half of the year grace period in which you can apply for an extension . And if you came before the Town Planning Board and you said , as David Auble has just said , the econcan5 climate is not good , funding is hard to get , he stated that he would be surprised if our Town Planning Board wouldn ' t extend the period . It has been , he thought , very sensitive to the economy of the development , recognizing that there are just times when it ' s not good to build . As long as your site plan is good , giving the planning conditions of the Town he could not see why with a legitimate reason the Town Planning Board wouldn ' t extend that period . Councilman Liguori remarked , if there was a provision in there which said that the Planning Board cannot unreasonably deny an extension Then he felt everyone would feel a lot better . He stated that he would if he were a developer because then he would know they don ' t have absolute authority to deny it for no good reason . Councilman Niklas asked if he could respond to Councilman Liguori ' s statement . First of all , the Town Planning Board or any Town Board acts unreasonably that ' s grounds for taking them to court . Second , of all the law reads , "and upon finding that the imposition of the time limits set forth above would create an undue hardship upon the applicant the Town Planning Board" , it specifically more or less is instructed to consider whether . . . . . . . Councilman Liguori replied , it ' s not instructed , read it . Councilman Niklas continued , " and upon finding that the imposition of the time limits set forth above would create an undue hardship on the applicant , may extend the time limits for such additional Town Board Minutes 22 July 8 , 1991 periods as the Planning Board may reasonably determine " . So your words , Councilman Liguori , are in there . Councilman Whitcomb remarked that he was certain the he had read somewhere , a recommendation from one of the other Boards , that this also applied to projects approved in the past . That the clock starts running for then right now as well . Town Attorney Barney replied that as he sits here past experience is somet:is a good teacher and sometimes it is completely forgotten and that he was drafting , in his mind , a provision that should be put in here and basically says that a two year period for existing approved site plans should start to run from whatever night or clay you enact this . Councilman Whitcomb replied right , you wouldn ' t want to come back and say you were approved two years ago so time is up . Town Atto_ey Barney remarked , it should be a grandfather clause . We did it with the fill ordinance , we probably should have done it here . The Town Attorney suggested the following words be added after the words " the granting of any site plan approval " : "not withstanding the foregoing , if final site plan approval was granted prior to July 81 1991 , the time to materially connence work shall be extended to July 8 , 1993 or one year from the issuance of a building permit , whichever is earlier" . He went on . to say , and correct him if he was wrong , there weren ' t any site plan approvals granted utLere building permits have not been issued , at this point in time . They haven ' t materially started working . Councilman. Niklas stated that he would like to move that the Town Board pass this legislation , as just amended . Town Attorney Barney remarked that it should be , with the clarification . David Auble asked the Supervisor to explain what happens to the tax revenue if` a sunset provision causes a site to revert , say from commercial to residential . Supervisor Raffensperger responded , that is not in this law . That is not in here . Councilman Niklas added , that would be rezoning . This does not deal with :rezoning . Mr . Auble :remarked , if you lose approval ? Town Attorney Barney replied , taxes run from year to year , and he thought that if you have an assessment its assessed today because you can put in 400 units of housing and it lapes because you don ' t do it , the tax assessment would presumably drop but it would be up to the landowner to go to the Assessment Office to take care of it , it ' s not really the Town ' s bailiwick . Mr . Auble stated that what he was saying was that the Town should recognize its revenue from certain properties could diminish considerably . Town Attorney Barney replied , it would only diminish if the assessment changed . Councilman Klein remarked , the assessment is not based on what is not built . Town Board Minutes 23 July 8 , 1991 Town Attorney Barney added , it ' s based on the highest , best use of the property . If you have a piece of real property that is zoned for a particular use , say industrial use , and that is rezoned residential with a space density requirement you probably would see a reduction in your assessment , as a result . Supervisor Raffensperger remarked , but certainly not under the terms of this proposed local law . Councilmm,i Klein remarked , if you had a resident ' s property change to industrial . . . . . . . . . . . Town Attorney Barney added , and then it lapsed , but he felt it was remote an not a significant consideration . Councilman Niklas replied , but that would require a rezoning by the Town Board , right? Councilman Klein replied no , it just reverts . The sunset clause puts it . . ., . . . Town Attorney Barney replied , only the site plan . Councilman Klein continued , it doesn ' t change the zoning ? So if the zoning is industrial it stays industrial , they just lost the site plan . Supervisor Raffensperger remarked that she felt the Town was making an effort and when the Newsletters go out to describe the basis thrust of the local law we have changed so anybody can identify their own personal interest in it and they can call and get the complete copy of the law . She noted that she had closed the public hearing about 45 minutes ago . We have had a motion to adopt the local law as clarified . She asked if there was any further discussion? Councilman Liguori stated that he would like to compromise and change , amend it to three years instead of two years . In hopes that , since neither of those numbers is a magic number anyway , it seemed to him the developers would be much happier with a three year on than a two year one . Councilman Niklas remarked , that would be adding six months . Town Attorney Barney replied , twelve months . Supervisor Raffensperger asked if the Board felt this was a reasonable kind of ccanprcmise ? Councilman Whitcomb stated that the original suggestion from CAC said a year and a half . He felt that was a little short , two years , he guessed he was not persuaded one way or another . The public has made scene interesting arguments and he had no way of knowing if two years was the magic number , or three years is the magic number , or four years . Councilman Niklas replied that COC had spent considerable time , including Harrison Rue who is the building representative , debating the amount of time and he asked the Town Attorney to correct him if he was wrong but he thought Harrison had said he was comfortable with the twenty-four month period with the understanding that we have the six month leeway time and then essentially no limit to the number of times the Town Planning Board can reasonably extend the limiting time . se110..6� Town Board Minutes 24 July 8 , 1991 Town Attorney Barney replied that he thought that that was substantially correct . He went on to say that his concern , from a legal point , was not so much with the 24 or 36 but to put some sort of a time limit and it didn ' t matter so much what that limit is as long as it isn ' t forty years . Supervisor Raffensperger remarked that it ' s the forty year old ones that bother us , it really is . She did not think that the two year old ones or the three year old ones are so much of a matter of concern as the ones that we hardly even know about any more . Councilman Niklas replied that he had no personal objection to campromising with Councilman Liguori ' s ccwprcmise and that is add six months to make it a thirty month period instead of twenty-four . But to add a whole year , he thought that at this point then well , it should be thirty months , thirty-two months , three hundred and thirty-thousand months , till the world freezes over ! He stated that he was comfortable with the way it is but he was willing to ccmprcxnise your ccupromise . Councilman Liguori replied that a respected group of people in the ccmmmity are suggesting that twenty- four months is to short and since it is not that critical one way or the other he thought that there were times when the Board ought to listen to the other part of the ccmmunity . Councilman Klein remarked that thirty was a help . He could see circumstances because of the economy changing rather quickly that somebody might fully expect to proceed with the project , get all his drawings finished , and if it is a commercial venture , financing , the rates go up , looses his perspective tenants , and if he doesn ' t proceed , it was true and he thought there were a lot of mechanism in this thing to get reasonable extensions but he guessed he could see twenty-four months may be being a touch on the short side . Councilman Niklas replied , how about adding the six months to the grace period . Let ' s leave the twenty-four months but that you have twelve months in which to apply for an extension . It still gives you the six months . Councilman Liguori asked , does that mean you start . . . . . . . Councilman Niklas commented , it means essentially the same thing . Town Attorney Barney replied , no it doesn ' t Councilman Niklas in this sense because the granting of the extension is a discretionary act . Twenty-four months is an absolute right . Supervisor Raffensperger remarked that she was going to propose that this proposed local law, that that particular number be changed to 36 months . Councilwoman Leary remarked , that ' s the maximum . Supervisor Raffensperger replied , no . She went on to say that you get thirty-six months and then if you want more you can go to the Planning Board and ask them . Councilwoman Leary asked when did the grace period start? Councilman Niklas replied , after thirty-six . Town Attorney Barney added , you can apply any time before the end of . . . . whatever period thirty-six , twenty-four month period and up to six month following the end of that for an extension . And , the Town Board Minutes 25 July 8 , 1991 only reason for that is to put some cut off period beyond which the Planning Board won ' t even consider an extension . Councilwoman Leary asked , didn ' t it start at a year ? Town Attorney Barney replied that it started at eighteen months he thought . Councilman Whitcomb remarked , the rational was , CAC being who they are , thought that one building season was enough , one building season could really be more than one year depending on when you got approval . RESOLUTION N0 . 161 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the clarification and amendment to now read from twenty-four months to thirty--six months in the proposed Local Law No . 11 for the year 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . LOCAL LAW # 11 - 1991 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , LOCAL LAW # 11 - 1991 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PROCEDLfRES FOR SITE PLAN APPLICATIONS AND FOR MODIFICATIONS OF SITE PLANS The Zonincr Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : 1 . Article IX , Section 46 , the opening paragraph , is amended to read as follows : " Section 46 . Procedure Related to Establishment of a Zoning District . When an application is submitted to the Town Board for establishment of a Residence District R5 , Multiple Residence , Business ' A ' , ' B ' , ' C ' , ' D ' , and ' E ' , and any other Special Land Use Districts , the establishment of which may be permitted under this Ordinance , all hereinafter referred to as ' Districts ' , the applicant shall proceed as follows : " 2 . Article IX , Section 46 , subdivision 1 , is amended to read as follows : "The applicant shall submit a general site plan to the Town Board which shall show ( unless one or more items are waived by the Town Board) property lines , including metes and bounds , adjacent public streets , topography , size and location of existing or proposed structures , and the applicant shall submij: such other plans and information deemed reasonably necessary by the Town Board for adequate study of the proposed plan . Upon its review of the general site plan , the Town Board may refer the matter to the Planning Board for further review and reCcnmendation . " Town Boaz:d Minutes 26 July 8 , 1991 3 . Article IX , Section 46 , subdivision 2 , first sentence , is amended to read as follows : "Upon referral of the matter to the Planning Board by the Town Board , the Planning Board may require such changes in the general site plan as are necessary to meet the requirements of this ordinance and may make any other recommendations which it deems necessary to promote the general health , safety , morals , and -the general welfare of the community . " 4 . Article IX , Section 46 , subdivision 3 , is amended to read as follows : 113 . Whenever a District is created pursuant to the provisions of this Article , the owner shall be bound by the general site plan as approved and adopted by the Town Board . " 5 . Article IX is further amended by renumbering former section 46-a to be 46-b and adding a new section 46-a reading as follows : "Section 46-a . Procedure Related to Special Approvals . In thosE! circumstances where site plan approval by the Planning Board is a pre-condition to the granting of a Special Approval for a use , the applicant shall proceed as follows : 1 . The applicant will submit a site plan which shall show (unle!ss one or more items are waived by the Planning Board) prope.!rty lines , including metes and bounds , adjacent public streets , topography , size and location of existing or proposed structures , and such other plans and information and any other features deemed reasonably necessary by the Planning Board for adequate study of the proposed plan . 2 . The Planning Board may require such changes in the site plan as are necessary to meet the requirements of this Ordinance and may make any other recommendations which it deems necessary to promote the general health , safety , morals , and the general welfare of the ccmm mity . The Planning Board shall then adopt a resolution reccmmending either approval , approval with modifications , or disapproval of the proposed plan . Before any such resolution is adopted , the Planning Board shall hold a public hearing which shall be heard by the planning Board within thirty ( 30 ) days of the filing of the ccupLeted application for the Special Approval with site plan with the Planning Board , and such hearing shall be advertised in a :newspaper of general circulation in the Town of Ithaca at least five ( 5 ) days before such hearing . The Planning Board shall make its determination within thirty ( 30 ) days after the hearij:ig and forward the same to the Chairman or Clerk of the Board of Appeals . 30 The owner and applicant shall be bound by the final site plan as approved by the Planning Board . " 6 . Article IX , former section 46-a , now renumbered 46-b , is amended by deleting subdivision 1 and inserting a new subdivision 1 to read as follows : 111 . After a Residence District R5 , Multiple Residence , Business , Light Industrial or Industrial District , or any other Special Land Use District , has been established by the Town Board and whenever a specified development or changes in the general plan are proposed , or whenever a site plan is required by any other provision of this Ordinance , a site plan for the proposed use must be submitted and approved by the Planning Board before a building permit may be issued . If the Town Board Minutes 27 July 8 , 1991 original site plan submitted in connection with the initial creation of the District or the granting of the Special Approval was of sufficient detail and contained sufficient information as to constitute , in the Planning Board ' s discretion , a final site plan , such original site plan shall suffice . Otherwise , the applicant shall submit a detailed site plan (hereinafter referred to as ' final site plan ' ) in accordance with this ordinance . This final site plan shall show (unless one or more items are waived by the Planning Board) property lines , including metes and bounds , adjacent public streets , topography , including existing and proposed contours , size and location of structures , area and location of parking , off-street loading and access drives , proposed signs and lighting , proposed landscaping and any other features deemed reasonably necessary by the Planning Board for adequate study of the proposed plan . " 7 . Article IX , former section 46-a , now renumbered 46-b , is further ended by amending subdivision 4 , openi e ng paragraph , second sentence , by adding thereto the following after the words " site plan approval " : " and shall hold a public hearing on said application for modification of the site plan and shall make its decision on same within the time limits set forth with respect to an original site plan application . " 8 . Article IX is further amended by adding a new section 46-c reading as follows : " Section 46-c . Waiver of Requirements Related to Site Plan . The Town Board in those circumstances where a site plan is required for Town Board review , and the Planning Board , in those circumstances where a site plan is provided for Planning Board review , may waive one or more items (e . g . , topography) otherwise normally required to be shown on the site plan when the applicable board determines that the circumstances of the application do not require a full site plan for adequate consideration of the applicant ' s proposal . 9 . Article IX is further amended by adding a new section 46-d reading as follows : " Section 46-d . General Considerations The Planning Board ' s review of a general , preliminary , or final site plan shall include as appropriate , but shall not be limited to , the following considerations : 1 . Adequacy , arrangement , and location of vehicular access and circulation including intersections , road widths , pavement surfaces , off-street parking and loading areas , and traffic controls . 2 . ;adequacy , arrangement , and location of pedestrian and bicycle traffic access and circulation , control of intersections with vehicular traffic , and appropriate provisions for handicapped persons . 3 . Adequacy , location , arrangement , size , design , and generill site compatibility of buildings , lighting , signs , open spacer , and outdoor waste disposal facilities . 4 . Adequacy , type , and arrangement of trees , shrubs , and other landscaping constituting a visual and/or noise-deterring Town Board Minutes 28 July 8 , 1991 buffer between the applicant ' s and adjoining lands , including the retention of existing vegetation of value to the maxurnnn extent possible . 59 In the case of a residential property , and in the case of other properties where appropriate , the adequacy and utility of open space for playgrounds and for informal recreation . 6 . Protection of adjacent properties and the general public against noise , glare , unsightliness , or other objectionable features . 7 . Adequacy of storm water , drainage , water supply , and sewage disposal facilities . 8 . Adequacy of fire lanes and other emergency provisions . 90 The effect of the proposed development on environmentally sensitive areas including but not limited to wetlands , floodplains , woodlands , steep slopes , and water courses , and on other open space areas of importance to the neighborhood or community . 10 . Compliance with the Zoning Ordinance , subdivision regulations , if applicable , and any other applicable laws , rules, , requirements , or policies . 10 . Article IX is further amended by adding a new section 46-e reading as follows : " Section 46-e . Other Provisions 1 . No building permit shall be issued for a project with an approved final site plan until the applicant has furnished to the Town Engineer an irrevocable letter of credit in an amount to be approved by the Town Engineer . Such letter of credit shall insure that all items on the site plan that may be deemed necessary to provide for adequate traffic flow , utilities , and other infrastructure items are constructed in accordance with the approved final site plan and any other pertinent specifications and requirements . The Planning Board may waive the requirement or may accept other evidence or promise of completion of required facilities for the site plan if , in its discretion , it determines that there is no need for the letter of credit . 2 . No final certificate of occupancy or certificate of �.anpliance shall be issued until all improvements shown on the final site plan as approved by the Planning Board are installed or until a sufficient performance guarantee , such as a letter of credit , has been provided to the Town for improvements not yet completed . The :sufficiency of such performance guarantee shall be determined by the Town Engineer after consultation with the Building Inspector or other persons designated by the planning Board . The Planning Board may waive the requirement for such performance guarantee if , in its discretion , it determines that the guarantee is not needed . 30 Unless work has materially commenced in accordance with the final site plan within one year from the I ssuance of the building permit authorizing such work , or Tvrithin thirty-six months of the date the Planning Board gave final site plan approval , whichever is earlier , not Town Board Minutes 29 July 8 , 1991 only the building permit but the site plan approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the granting of any site plan approval . Notwithstanding the foregoing , if final site plan approval was granted prior to July 8 , 1991 the time to materially commence work shall be extended to July 8 , 1994 or one year from the issuance of a building permit , whichever is earlier . The Planning Board , upon request of the applicant , after a public hearing , and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant , may extend the time limits for such additional periods as the Planning Board may reasonably determine . An application for such extension may be made at the time of filing of the original application or at any time thereafter up to , but no later than , six months after the expiration of the time limits set forth above . For the purposes of this section , work will not have "materially commenced" unless , at a minimum , ( i ) a building permit , if required , has been obtained , ( ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site ; and ( iii ) substantial excavation (where excavation is required) or significant framing , erection , or construction (where excavation is not required) has been started and is being diligently pursued . The Supervisor called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 11 - 1991 was thereupon declared duly adopted . Councilwon-an Leary questioned , we can vote , we could vote on it and pass it even though it ' s substantially changed? She asked if the Supervisor needed to sign a Certificate of Necessity? Supervisor Raffensperger replied that it depends upon whether or not anybody considers the change from twenty-four to thirty-six that substantial . She stated that she assumed it was not . Councilman. Niklas remarked , since we are sort of agreeing with the recommendation , who is going to protest? Town Attorney Barney stated that he would prepare a Certificate of Necessity for the Supervisor to sign . BOARD OF FIRE COMMISSIONERS VACANCY RESOLUTION N0 , 162 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , Town Board Minutes 30 July 81 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby recommend the appointment of James L . Mayer , 1251 Trumansburg Road , to the Board of Fire Commissioners for the term of July 1 , 1991 to June 30 , 1994 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . James Mayer stated that he was the Captain of the fire station that is located in the West Hill Station . We are trying to encourage people who are in the Town on the West Hill side to join them as volunteers . AMENDING IATATER RATE STRUCTURE TO INCLUDE PENALTY FOR FAILURE TO PROVIDE W7iTER METER READINGS Supervisor Raffensperger stated that there were matters of concern expressed at the previous Town Board meeting , there were also questions about procedures . Ted Wixom has provided the Board with som written material and is here tonight to answer questions . Supervisor Raffensperger went on to note a letter dated July 1 , 1991 from Noel Desch about the no-read policy and attached to it is a "Dear C�ustomer " letter . She stated that at the Bolton Point Commission meeting today she told the Commission that the letter must be written so that people can understand what is being said and they have promised to translate the legal language which is quoted in here so that it is very clear to everyone what is going to happen if they do not read their meter for three consecutive quarters . She felt that these two items which basically came from the Village of Cayuga Heights , in their public hearing , met at least sane of the concerns of the Board . She stated that she knew Councilman Liguori was concerned about the amount of the fine but she felt that was partly in relation to lack of fair warnings . Councilman Liguori replied , not really . He thought he was concerned about the amount but he was also concerned that the program has not been thought out enough to suggest that what you are really doing is paying a penalty because somebody has got to go out there and read the meter . There is nothing in here that even suggests that at the end of three consecutive quarters somebody is going out and read the meter . There is not a thing in here that suggests that that is going to happen . Ted Wixom replied , what we do is contact people by phone or write them letters . It is not something we want to happen automatically . The whole thrust of this thing is to get away from that because if you do it on an individual basis it becomes a lot more expensive than going right down the street . We are encouraging people to involve th(mmselves in the program and this is one chance the people get to directly help control costs in services they get . We are trying to avoid automatically going out . When people do have problems and they communicate to us that they don ' t understand how to read the meter or they can ' t find it or they have legitimate problems , we will go right out there with no sense of charging them . Councilman Liguori replied that what he did not understand was , after three quarters you are still not going out and read that meter ? you are going to say to the customer we aren ' t going to read the meter but you are going to pay $ 100 ever quarter after three quarters ? If people really understood that what they are really doing is paying a penalty , which is a fair market value , of going out and reading a single meter and he didn ' t care what the price was , but that they understood that they are paying i_s the fair market value of the cost of going out there and reading their Town Board Minutes 31 July 8 , 1991 meter then they would equate this whole thing , not to a penalty . It seem to him that they could put a value on how much it is to go out and read a meter . Councilman Liguori asked why wait for the three quarters , if they didn ' t read it for two quarters in a row then at the end of that time you charge them the $ 25 . 00 fee or whatever it is and you go out and read it . Councilman Klein added , if the purpose is to get the consumption accurate , why wait for three quarters . Ted Wixom replied that he thought the three quarters was picked because isz this area a lot of people are legitimately gone . You could pick one quarter to automatically trigger sending the letters . The original wording on the card was not correct and has been chanced . We do not go out automatically as 500 of the people are not hcnne . Councilman Klein asked if the issue was to raise revenue or to get accurate readings ? supervisor Raffensperger replied , it is to get timely meter readings . The whole Bolton Point system is built on the assumption that the �lmdividual will read their meter . If people don ' t , over period of time , the whole thing breaks down . You are not able to estimate consumption for the future , you don ' t know how to budget , you don ' t know how much was actually been consumed in any given municipality . It presents a lot of different problems . Councilman Klein remarked , that policy was changed in 1987 it wasn ' t actually built in . supervisor Raffensperger replied that is correct but it is now because there is not the personnel to read meters , it was a cost saving device . Councilman Niklas remarked , if you estimate this thing , penalty or charge whatever you want to call it , in terms of cost of sending personnel to read the meter and the cost to the Commission for the lack of precise and accurate information , it seems to him $ 100 is not unreasonable . Particularly if one of the objectives is then also to provoke the user of the water to do their own reading . It really is three issues , the cost of sending scmeone out , the cost to the Commission for not having accurate information and some kind of incentive for the person to read their own meter and you sure aren ' t going to accomplish all that with a $ 25 . 00 charge . supervisor Raffensperger remarked that frankly she could not support a charge because if she were to say it was a charge then she would want it proven to her that it was directly related to the cost of providing a meter reading . It is honestly a penalty for not having done it , which she personally could justify on the basis of all of the difficulties it causes the whole water production business and the billing system , etc * she felt it was honestly a penalty and she thought it was one that the Commission basically hopes no one will have to pay but that it will be substantial enough when they receive the notice that says if you don ' t do it you will have to pay $ 100 , they are going to go down and read their meter and , if they don ' t know how, they are going to call Bolton Point and say ccme and show me how to read my meter . Councilman Niklas remarked , does he take that to mean that if the Commission is truly to do it without cost to the Commission , to the user , that you would likely come up with a number that was less than $ 100 ? Town Board Minutes 32 July 8 , 1991 Supervisor Raffensperger replied , we don ' t know . It might be $ 95 , it might be $87 . 50 . She felt that it cost the Commission more than $ 25 per "no read " , she felt there was no doubt about it . Councilwoman Leary remarked , say people paid the $ 25 , if enough people paid that could the Commission hire somebody to go out and do those readings ? Ted Wixom replied , ultimately if you had such a volume that you needed a person full time or part time , the $ 25 would probably go along way towards that . Although the other half of this is that once you get the meter reading back in the office the billing clerk has to set aside her production work and to do custom work , which is the other half of the cost . Councilwoman Leary replied that she did not see really what the harm would be to make it more in line with what realistically it would cost: . If they have to hire more people and there is enough penalty . . . . . . Supervisor Raffensperger remarked , if they have to hire more people to read meters it ' s going to cost a lot more than $ 100 for every no read . Councilwoman Leary replied that Mr . Wixom just said that the $ 25 would go a long way toward it Supervisor Raffensperger replied , he meant he could take his truck out there and read the meter once in a while but if what you get is a habitual . . . . Councilwoman Leary replied no , he said they could hire somebody part time -to do it . Councilman Whitcomb and Niklas asked how may no reads were there ? Supervisor Raffensperger replied , 12 % of the total number of customers ? Ted Wixom replied , at that the last reading there were five that fit that category . Councilman Niklas asked , do you have any sense of the number of people that are not responding to reading their meters because they are simply out of town for three quarters or a greater period of time ? Mr . Wixom replied that it was hard to define that . He suspected that if you would cane up with a list of reasons why people don ' t read their meters there wouldn ' t be more than two or three in that category . Councilman Liguori asked if the amount of the penalty could be left out and ju:;t approve the concept and let Bolton Point decide . Supervisor Raffensperger replied that she went back to the Commission and told them that there had been an objection on the Board to the $ 100 figure , there was not , as she could recall , a single othE�r municipality who had any objection to the $ 100 . Councilwoman Leary asked if there would be a situation where somebody contacted Bolton Point and said that they just couldn ' t read the meter , they couldn ' t understand it or they just didn ' t have the time , etc . Bolton Point would make the judgement as to whether their excuse was good enough and they would continue to Town Board Minutes 33 July 8 , 1991 levy the $ 100 fine each quarter , even if a person said they couldn ' t handle it . Mr . Wixom replied a person who calls , our tendency is to move away from any punitive approach . If they are elderly and can ' t make the stairs we will run a remote up stairs . There are people who don ' t even know where the meter is . If they originally chose to put it in a crawl space we will move the meter . Councilwoman Leary replied that what she would like to see is some sort of mLddle ground where you get away from a penalty for people like that and charge them something like $ 25 if it turns out that you have to send someone out there to read the meter . Mr . Wixom replied that hopefully the notices will bring compliance before it was necessary to charge them . Councilwoman Leary remarked , but you are not making any allowances for the possibility that you will have people who just won ' t read the meter or can ' t read the meter and then it will cost , it might cost Bolton Point and instead of charging them $ 100 you could charge them something a little more realistic but still cover your costs . What you are having is like a very black and white situation . Councilman Klein remarked that he had expressed his problem with this at the last meeting and he did agree with Councilman Liguori . He stated that he felt it was like taking a sledge hammer to swat a fly . He want on to say that he was also somewhat troubled with the fact that we had some comments last time and more comments tonight and other than modifications to the card , the Village of Cayuga Heights had some suggestions about certified mail and the answer was no , no we don ' t want to do that . This is our bill and this is what we are asking for . He stated that he did not see any sense of cooperation here . Supervisor Raffensperger replied that the accomm -nodation was made on the card and as far as the letter going out , you have a draft of the letter . She stated that she did raise the objection that it was very difficult to figure out what it said and they promised it would go out in plain english but those accamiodations were made in response to the Village of Cayuga Heights . The primary objection from this .Board , which she stated she did take back to CcmTlission , she thought , had to do with the amount of money and also the lack of sort of stepped up notification , which she felt had been clarified . She stated that she was not sure of the procedures so she could not assure the Board that that was the case , that was one reason Mr . Wixom came and there is a stepped up effort to gain compliance and cooperation . Councilman Klein replied that he thought they could try to get that cooperation without imposing a ridiculous charge . The Supervisor then called for a roll call vote to approve the proposed Local Law amending the water rate structure to include penalty for failure to provide water meter readings , which resulted as follows ;: Councilman Klein Voting Nay Councilwoman Leary Voting Nay Councilman Liguori Voting Nay Councilman Niklas Voting Aye Councilman Whitcomb Voting Nay Supervisor Raffensperger Voting Aye Town Board Minutes 34 July 8 , 1991 The proposed Local Law was thereupon declared duly defeated . Supervisor Raffensperger stated that she would inform the Commission that the proposal was soundly defeated . She stated that she would like scene sense as to the direction the Board would like to have this take in order to make such a law acceptable to the Board . She stated that she guessed what she was hearing was that the Board wants the charge to be smaller and to collect the actual charges that Bolton Point might incur . Councilwoman Leary remarked that she could support a penalty besides that but that she would like to see some middle ground , a small amount being more like a service charge and then for the people who just clearly don ' t want to be bothered she could see charging them a penalty . Councilman. Whitcomb remarked that he would like to see the policy more clearly spelled out . Mr . Wixom says they won ' t use the hammer except as the last resort but you know how bureaucracy works , and five year: down the road they look at the law and say , oh , a $ 100 fee . . . . . . . . AMENDMENT TO AGREEMENT OF MUNICIPAL COOPERATION FOR CONSTRUCTION FINANCING AND OPERATION OF AN INTERMUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM Supervisor Raffensperger stated that because of the defeat of the local law to include a penalty for failure to provide water meter readings there was not need , at this time , to address this item . SET DATE FOR PUBLIC HEARING TO AMEND LOCAL LAW # 2 , 1970 , ESTABLISHING STANDARDS OF CONDUCT FOR OFFICERS AND EMPLOYEES OF THE TOWN OF IT..HACA Supervisor Raffensperger noted that because Councilwoman Valentino , Chair of the Committee was not able to attend the meeting she would like to defer this item . BUDGET TRANSFERS RESOLUTION N0 . 163 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following budget transfers : FROM : TO : AMOUNT A1990 . 4 Contingency A1320 . 4 Independent Audit $ 500 A1340 . 2 Budget-Equipment A1340 . 4 Budget-Contractual $ 1 , 200 A1430 . 2 Personnel-Equipnent A1340 . 4 Budget-Contractual $ 650 A5010 . 2 Supt . Hwy . -Equipment A5010 . 4 Supt . Hwy . -Contractual$ 750 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . PRESENTATION OF ENGIlVEERING REPORT ON BURLEIGH DRIVE LIGHTING DISTRICT AqD SETTING OF PUBLIC HEARING Town Board Minutes 35 July 8 , 1991 Town Engineer Dan Walker stated that the estimate from NYSEG says we need seven 100 watt high pressure sodium luminaires for the district :itself . The lighting of Burleigh Drive would include four lights that are included in the enlarge district because they are intersection lights . The cost to the lighting district will be a total of $ 780 . 78 per year , distributing that down , the annual average cost per household is somewhere between $ 22 and $ 23 . This will be distributed to the residents . Supervisor. Raffensperger noted that the Town had received a petition from the residents which was not legal so the Town is going through this process so that they do not have to have a petition circulated again . This was initiated by the residents of Burleigh Drive , they have been kept informed and as far as she knew, were only impatient for the Town to get through the legal complications . Councilman Klein asked if everyone on the list was being notified? Supervisor Raffensperger replied that they have been notifying only their contact person . She stated that they could send a notification to all persons on the list . RESOLUTION N0 . 164 Motion by Councilman Liguori ; seconded by Councilman Whitcomb , WHEREAS , on June 10 , 1991 , the Town Board of the Town of Ithaca duly adopted a resolution directing the Town Engineer to prepare a map , plan and report for providing the facilities , improvements , or services in a portion of the Town of Ithaca wherein a lighting district was proposed to be established , and WHEREAS , on June 28 , 1991 , the Town Engineer duly filed said map , plan and report in the Office of the Town Clerk of the Town of Ithaca , and WHEREAS , the boundaries of the proposed lighting district are as set forth on Schedule A annexed hereto , and WHEREAS , the improvements proposed consist of the installation of seven luminaries along Burleigh Drive between Uptown Road and the Cayuga Heights village line , all as more particularly shown on the street lighting plan and as set forth in the letter from New York State Electric & Gas Corporation dated March 27 , 1991 , and WHEREAS , the maximum amount proposed to be expended for the improvement is $0 for the construction of said lighting system , and WHEREAS , it is estimated that the initial annual cost estimate for the operation of said lighting system will be $780 . 78 per year , and WHEREAS , tae map , plan and report describing such improvement are on file in the Office of the Town Clerk of the Town of Ithaca for public inspection , IT IS ORDERED , that the Town Board of the Town of Ithaca shall meet at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 12th day of August , 1991 at 7 : 30 P . M . , for the purpose of ari conducting a public he on the proposal to establish said lighting district with the improvements specified above , at which time and place all persons interested in the subject thereof may be heard concerning the same , AND IT IS FURTHER ORDERED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a certified Town Board Minutes 36 July 8 , 1991 copy of this order in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca , said publication and posting to occur not less than ten nor more than twenty days before the day designated above for the hearing . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye , Nays - none) , SALARY INCREASE FOR ENGRiEFRING TECHNICIAN RESOLUTION N0 . 165 Motion by Councilman Niklas ; seconded by Councilman Liguori , WHEREAS , -the Town Board of the Town of Ithaca appointed Wayne Sincebaugh. as Engineering Technician beginning employment on November 26 , 1990 , at an annual salary of $ 19 , 500 , with consideration for a salary increase upon successful completion of a 6 month probationary period , and WHEREAS , Wayne has performed his job in an excellent fashion and successfully completed the 6month probationary period on May 28 , 1991 , WHEREAS , the Town Engineer recommends that the appointment of Wayne Sincebaugh as Engineering Technician be made permanent with a salary of $ 20 , 500 , effective May 28 , 1991 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby appoint Mr . Wayne Sincebaugh as Engineering Technician at an annual salary of $ 20 , 500 , effective May 28 , 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . MAPPING SERVICES FOR COMPREHENSIVE MASTER PLAN RESOLUTION N0 . 166 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , WHEREAS , the Planning Department has provided a revision to the estimate of hours needed to complete mapping services for the comprehensive planning effort , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor to arrange for mapping services , beyond those previously approved , up to an additional 185 hours , at an hourly rate not to exceed $ 14 . 00 , or for an amount not to exceed $ 2 , 590 . 00 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . 1991 BUDGE..0 ADJUSTMENT GOALS Supervisor Raffensperger noted that the Board had received a copy Of the memo that she had sent to Department Heads that indicates that at the beginning of March when we first heard rumors on how ungenerous the State of New York was going to be to local municipalities , Department Heads were asked to begin cutting back on their spending and deciding how they were really going to cut Town Board Minutes 37 July 8 , 1991 back on it when we got the final news . When we received what seems to have been interim information now , she stated that she met with each of the Department Heads and discussed it with them and then we went through and made , what we are now calling budget adjustments goals . Because everything is so indefinite we can ' t really ask the Board to make changes to the budget , at this time . This is just to let the Town Board know we are making the attempt to , in mid-year , cut out almost 10 % of the budget . Councilman Klein asked if these adjustments amounted to about $200 , 000 ? Supervisor Raffensperger replied , what you will find is that we have increased some revenues and decreased some and it is the combination of those kinds of cuts that you will see coming to almost $200 , 000 , mid-way in the budget year . Today she received information that looks like we will receive less in state aid per capita and. a little more in CHIPS . REFERRAL OF DRAFT PESTICIDE USE POLICY TO - CONSERVATION ADVISORY COUNCIL Supervisor Raffensperger noted that the staff has been assemblying a draft policy on pesticide use . She felt this was partly in response to the discussion which occurred in Common Council about the Town of Ithaca ' s use of pesticides but she felt it would be nice to have a written policy . She felt it was appropriate to refer it to the Conservation Advisory Council . Councilman Niklas remarked that in the second paragraph the word "Particularly " be added after the word "employees " , because he felt it was a primary concern at all times . The other thing , in paragraph four that begins "Use of pesticides will be viewed as a last resort . . . . . . . . . " , it is implicit here that pesticide also means herbicide . Supervisor Raffensperger replied that she had gotten a definition and had brought it in , it came from a State or Federal manual which defines pesticides and it was extremely clear so we can always append it . POLICY ON PESTICIDE USE IN TCJWN OF ITHACA PARK FACILITIES * * * * DRAFT * * * * A respect for the land and assuming stewardship responsibility for it will be the guiding philosophy of the Town of Ithaca in the develoF merrt and maintenance of its public parks . To this end the Town will practice pest control practices in its parks which are effective yet safe for the environment and public at large . Public health and environmental quality are primary concerns of the Town of Ithaca and its employees particularly on those occasions when pesticides must be applied in Town park facilities . The design of Town parks will incorporate careful site selection and preparation ; naturalized landscape design emphasizing a diversity of native plant species ; use of heavy , disease and pest resistant plant varieties ; proper planting and fertilization procedures ;; and proper frequencies of watering , pruning , and mowing . Town Board Minutes 38 July 8 , 1991 Use of pesticides will be viewed as a last resport in the control of insects , weeds and plant diseases in Town parks , and minimized to the extent possible . By the calendar application of pesticides will not be practiced . All applications of pesticides will be done by professional applicators who are certified by the New York State Department of Environmental Conservation . All materials used are registered with and approved for use as pesticides by the New York State Department of Environmental Conservation and the federal Environmental Protection Agency . Individual. pesticides will be chosen for their effectiveness in controlling specific pests and will be applied only when those pests occur . Whenever possible pesticide applications will occur early in the morning in order to maximize the time interval between application and arrival of park users . Pesticide applications will occur only under weather conditions that prevent the materials from drifting beyond the area being treated . Signs warning patrons to avoid the area will be posted at the perimeter of the application location , as required by New York State law . These signs will remain in place for twenty-four hours after pesticides have been applied . RESOLUTION NO . 167 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby recanmend that the policy on pesticide use in the Town of Ithaca park facilities be referred to the Conservation Advisory Council for their further consideration . (Raffensperger , Whitcomb , Leary , Klein , . Liguori and Niklas voting Aye . Nays - none ) . CITY/SOUTH HILL TRAIL mFA4ORANDUM OF UNDERSTANDING Supervisor Raffensperger stated that there may be some minor changes in the language after the Attorney ' s see it again but she was asking for the Board ' s approval on the basic content of this memorandum of understanding . Councilman Niklas questioned page 2 , item number 6 . He stated that he thought one of the concerns of our attorney earlier was that the fair market price of this land before or after the easement was granted and he asked the Town Attorney if he wasn ' t concerned about the fact -the value could be dramatically increased if the City decides to subdivide this property , before the easement is requested and granted? He asked if the market value would increase if they subdivided it ? Town Attorney Barney replied yes but if that ' s the time we took the easement that would be the measure of our campensation , anyway . Councilman Niklas went on to say the other question he had was further down in the paragraph , " If the parties are unable to agree on the amount of compensation with ten ( 10 ) days . . . . . . . . , he asked Town Board Minutes 39 July 8 , 1991 why ten days , it seemed short , and are those ten working days because it doesn ' t specify? Town Attorney Barney replied , in the General Construction Law in the absence of a definition otherwise it ' s ten calendar days . We had originally drafted that we could go ahead and they would give us a deed and we would later agree on the value and so we had fairly long time periods in there , probably more reasonable time periods to go through that process . They insisted they wanted to be paid when they give us a deed so it seemed appropriate to shorten the time periods , if NYSEG takes away their easement , we would want to get started as soon as possible on a replacement trail . RESOLUTION[ N0 . 168 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor to execute the Memorandum of Understanding with the City of Ithaca for the South Hill Recreation Way Alternate Trail Route . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . PURCHASING CERTIFICATION SCHOOL RESOLUTION N0 . 169 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , WHEREAS , -the Town ' s Accounting Supervisor , Sally Alario , also serves as the Town Purchasing Agent , and WHEREAS , Sally has received no formal training relating to her purchasing responsibilities , and there are potential savings in further training relating to the Public Purchase arena , and WHEREAS , the SAMPO Chapter of NIGP is sponsoring the General Public Purchasing course in Ithaca , September 18-20 , 1991 , at a cost of $ 400 , plus mileage and $ 25 for meals , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Sally Alario , Accounting Supervisor,/Purchasing Agent , to attend the NIGP General Public Purchasing course to be held in Ithaca , September 18-20 , 1991. The costs for the course not to exceed $450 are to be charged to A1670 . 499 Shared Services - Miscellaneous . (Raffenspe:rger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . WATER AND SEWER REFUNDS RESOLUTION NO . 170 Motion by Supervisor Raffensperger ; seconded by Councilman Klein , ( 1 ) WHEREAS , Theodore valkering of 305 Roat Street , paid a late penalty of $5 . 67 on his water and sewer bill under protect , and there is reasonable doubt as to whether he received the bill on which the penalty was assessed , Town Board Minutes 40 July 81 1991 NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes a refund of the penalty paid in the amount of $5 . 67 . ( 2 ) WHEREAS , Mr . Ciriaco Arroyo , 108 Winston Drive , has received permission from the SCLIWC billing supervisor to pay his water and sewer bill_ in installments , and WHEREAS , the large amount of the bill was partially a result of a meter malfunction and the Town Clerk of the Town of Ithaca assured Mr . Arroyo that no penalty would be assessed during the installment payment period if such a request were made to SCLIWC , and WHEREAS , Mr . Arroyo has made such a written request , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the installment payment of the March water and sewer bill of Ciriaco Arroyo without penalty and authorizes a refund of any penalty previously paid by Mr . Arroyo . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . WATER AND SEWER REFUNDS RESOLUTION N0 . 171 Motion by Supervisor Raffensperger ; seconded by Councilwoman Leary , ( 1 ) WHEREAS , the customer at 121 Winston Drive has been over estimated for two quarters and is currently up to date , and WHEREAS , the tenants have requested a refund as they are leaving the premises , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 46 . 76 for water , $ 6 . 89 for Water Surcharge , $ 42073 for Sewer , $3 . 26 for Sewer surcharge for a total refund of $ 102 . 96 , to be paid to Dan Barbash , 121 , Winston Drive , Ithaca , New York . Account Number U-32369 ( 2 ) WHEREAS , the customer at 143 Birchwood Drive North had requested a final read on his water account , and WHEREAS , the final read bill included his normal June bill amount which had already been paid , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca here authorize a refund of $ 73 . 07 for Water , $ 7 . 95 for Water Surcharge , $31 . 68 for Sewer , $3 . 74 for Sewer Surcharge , for a total refund of $ 128 . 08 be paid to C . C . Chu , 143 Birchwood Drive North , Ithaca , New York . Account Number U-3053 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . COPY MACHINE RENTALS RESOLUTION N0 . 172 Town Board Minutes 41 July 8 , 1991 Motion by Councilman Niklas ; seconded by Councilwoman Leary , WHEREAS , the lease for the first floor copier recently expired , and WHEREAS , the second floor copier (purchased in 1987 ) has not held up well do to the demands placed on it and was not rated to handle the current copy volume , and WHEREAS , recently several copiers were evaluated by Town Hall staff in standard and special features , convenience , ease of use reliability , etc . , and WHEREAS , the staff rated the Sharp 8870 as most suitable for the needs of 'Town Hall staff on the second floor and the Konica 4045 as most suitable for use on the first floor , NOW THERE1'0RE BE IT RESOLVED , that a 12 month rental of the Sharp 8870 with noted options at a monthly cost of $404 . 25 and a 12-month rental of the Konica 4045 with noted options at a monthly cost of $ 402 . 00 be authorized , and FURTHER BE IT RESOLVED , that the Town Supervisor be authorized to execute the rental agreements after review by the Town Attorney , AND FURTHER BE IT RESOLVED , that the Town Board hereby authorizes purchase of the Toshiba BD7720 copies ( currently leased for use on the first floor) at a cost of $919 . 00 total for use at the Highway Garage . Monies were budgeted for these transaction in Account A1670 . 200 - Copier Payments . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . STUDY OF Wpa REN ROAD FOR N . Y . S . DEPARTMENT OF TRANSPORTATION BY TOWN ENGINEER AND TOWN PLANNER Supervisor Raffensperger reported that the State of New York has a new procedures and if we want to we can provide them with the necessary study data to go along with our request for a lower maximum speed limit on Warren Road . We have to notify them within 30 days of our intentions . RESOLUTION NO . 173 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Engineer and the Town Planner to proceed with study data in conjunction with the Town ' s request for the lowering of the speed limit on Warren Road . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . MaRD OF FUEL BID Highway Superintendent Scott McConnell remarked that this was an annual happening and that they had received bids from Andree and Star Oil with Star Oil being the low bidder . Town Attorney Barney asked if this was a firm price , per gallon , for the entire year? Town Board Minutes 42 July 8 , 1991 The Highway Superintendent replied no Actually the fluctuations are based on rack price changes and have to be substantiated with a letter to us . This was the June 28th rack price . RESOLUTIO14 N0 . 174 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , WHEREAS , Star Oil Company was the lowest responsible bidder for the fuel service , and WHEREAS , the initial costs are for diesel fuel to be $ . 662 /gal . and for unleaded plus gasoline to be $ . 798 /gal , also for the skid tank located at the garage , the diesel price is $ . 762 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accept the bid from Star Oil for the next 12 months , July 10 , 1991. thru July 9 , 1992 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . CHANGE ORDER # 3 - WEST HILL SEWER Supervisor Raffensperger noted that this item had been withdrawn from the agenda . MANDATORY TRAINING FOR TOWN JUSTICES RESOLUTION NO . 175 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , WHEREAS , the annual Town Justices ' s training seminar is scheduled for July 21 , 22 , and 23 , at St . Lawrence University in Canton , New York , and WHEREAS , this advanced training seminar is mandated by the State to be attended by all Town Justices , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Merton J . Wallenbeck and Warren A . Blye , Town Justices , to attend the seminar at St . Lawrence University in Canton , Nela York . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . TOWN BOARD MINUTES RFSOLUTION N0 . 176 Motion by Councilman Niklas ; seconded by Supervisor Raffensperger , RESOLVED , that the the June 10 , 1991 Town Board Minutes be approved as presented . ( Raffensperger , Whitccanb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS Town Board Minutes 43 July 8 , 1991 RESOLUTION NO . 177 Motion by Councilman Niklas ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated July 8 , 1991 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 100 , 709 . 36 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 40 , 823 . 16 Highrvray Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75 , 744 . 84 Water- & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 589 , 536 . 57 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 , 722 . 35 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495 , 865 . 04 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 550 . 74 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye , Nays; - none ) . BOLTON POINT WARRANTS RESOLUTION N0 . 178 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Bolton Point Warrants dated July 8 , 1991 , in the Operating Account are hereby approved in the amount of $ 90 , 044 . 97 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none) . EXECUTIVE SESSION RESOLUTION N0 . 179 RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss land acquisition , personnel matter and matters of possible litigation . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . OPEN SESSION RESOLUTION NO . 180 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . ( Raffenspe:rger , Whitcomb , Leary , Klein , Liguori and Niklas voting Aye . Nays - none ) . ADJOURNNEN'.0 The meeting was duly adjourned . Town Board Minutes 44 July 8 , 1991 Clerk '