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HomeMy WebLinkAboutTB Minutes 1991-09-09 TOWN OF ITHACA TOWN BOARD MEETING September 9 , 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 Whitccmb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman ALSO PRESENT : John Barney , Town Attorney Dan Walker , Town Engineer Floyd Forman , Town Planner Fred Noteboom , Assistant Highway Superintendent Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Linda Nobles , Assistant Budget Officer Pam Stonebraker , SPCA Director William Grover , 1486 Trumansburg Road Stephanie Schaaf , 134 Bundy Road M . Hagaman , 1485 Trumansburg Road David Auble , Town Resident Pat Driscoll , 214 Texas Lane Lee Schafrik , 1491 Trumansburg Road Krys Cail , West Hill Neighborhood Association Celia Bowers , 1406 Trumansburg Road William Collins , 109 Burleigh Drive David Heatt , 111 Burleigh Drive Betsy Nicholson , 138 Burleigh Drive Kerttu Bollinger , 140 Burleigh Drive Evan Bollinger , 140 Burleigh Drive Irma Daels , 147 Burleigh Drive Peter Daels , 147 Burleigh Drive Lois B . Stout , 115 Burleigh Drive Edward Olmstead , Ithaca Fire Department PLEDGE OF' ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger stated that Tcupkins County is proceeding - with a planning phase of the relocation of the intersection of Pine Tree Road. and Judd Falls Road as a safety improvement . A recent letter to the Ithaca Journal , suggested that the problem there could be solved by closing the service station exit directly north of the Fine Tree Road , has occasioned a number of inquiries . Unfortunately that solution is not open to the Town , as that action is in the hands of the service station owner and Cornell University and they are not willing to close that entrance . We will have a Town Board Minutes 2 September 9 , 1991 report from Tompkins County Planning at the October meeting of the Town Board on their present plans for the relocation of that intersection . The Supervisor remarked that American Community Cablevision has proposed a new franchise agreement with the Town of Ithaca . Councilwoman Valentino , in the past , has been reviewing all ACC matters . She stated that she would like to ask her to look at the new proposal and , after consultation with the Town Attorney , report to the Tcwn Board for direction on any substantive changes , either proposed :by ACC or to be proposed by the Town . If any other member of the Town Board would like to be included in this initial r analysis , please let her know . Supervisor Raffensperger stated that Tompkins County has notified the Town that a design for replacement of the lower bridge in Forest Home will be sufsmitted as an item in the 1992 Tompkins County Public Works operating budget , with replacement of the bridge in 1993 . The Forest Home Improvement Association is , of course , concerned with this plan . She stated that she and the Town staff have and will continue to meet with Forest Home and the County on. the matter and update the Board on the status of the proposal . The Supervisor noted that copies of the ACC Franchise proposal and copies of correspondence with the County on the Forest Hone bridge are in the Board members folders . Supervisor Raffensperger stated that work on the 1992 Town budget is proceeding , with the tentative budget to be considered by the Town Board on October 3 . The budget hearings will be held on November 7 . She stated that she planned a newsletter to go out after the October meeting to provide information on the budget preceding the public hearing , as was done last year . The Supervisor asked the Town Board to please get any other items for the newsletter to her as soon as possible , no later than September 23 . Town Engineer ' s Report Town Engineer Dan Walker reported on the 1989 Water and Sewer Improvements on West Hill , the contractor has completed site restoration work for the sewer main , with the exception of tree and shrub replacements . Due to the concerns of residents the topsoil was tested to determine compliance with contract specifications , and final grading and seeding was delayed pending the test results . The final. tests indicated that the topsoil met the contract specifications and , therefore , was used by the Contractor for the final seeding work . Several of the landowners involved expressed concern that the quality of the topsoil did not meet their expectations , and they had doubts that a suitable lawn would result from the contractors restoration . The topsoil specification does allow a significant silt and clay percentage , which is typical of soil cond_Ltions in many areas of the Town , and this specification has been used for many past projects . The suitability of the specifications will be evaluated by the Town Engineer for future projects due to the concerns expressed . Mr . Walker went on to say that to ensure quality control and resident ,satisfaction with the finished project , it is standard procedure for the Town Engineering staff to communicate directly with each landowner affected by a project and address concerns that they have ., For the West Hill Sewer Project , the landowners have been contacted and their concerns have been noted on an individual check sheet . A final inspection will be scheduled and each Town Board Minutes 3 September 9 , 1991 resident will be contacted and a final check off sheet will be completed. . A final engineers inspection will be completed prior to the final. payment , to ensure contract compliance . Satisfaction of some of -the extraordinary concerns by the landowners , may exceed the contract requirements for the project . If additional work is required the Town Engineering staff will address each case individually . He noted that the water main along Route 96 and Dubois Road has been installed and final pressure tests and chlorination are pending . William Grover , 1486 Trumansburg Road stated that he had something he wished to show the Board members . Mr . Grover then showed the Board soil that was taken from his lawn , asking the Board if they would want that on their lawn . Supervisor Raffensperger stated that she had been out and looked at the yards and she knew Councilman Whitcomb and Town Engineer Walker had also been out to inspect the project . She felt that frankly , one of the difficulties is that we did delay the entire project to have the topsoil tested and she felt that the specifications that have been used for all of the Town projects over many years , do not carefully enough specify what quality of topsoil should be used . She went on to say that she had just written a letter to one of the residents there and have urged the residents to be patient about what has been done to this point . We have removed the soil , we have removed the seed and we have removed what was hay and not straw and required the contractor to replace it . She felt it would now be reasonable to see what we get from this process and if it is not satisfactory either because the contractor has not met his specifications we will require him to do it but if not , the Town of Ithaca has made a commitment to restore the properties and we will do that whether or not the contractor does it or the Town has to do its Mr . Grover remarked that Mr . Walker was out to his house a week ago on Monday and there was a list of things . One was the repair of the culvert where they knocked it down . Do you realize that after you (Mr . Walker) left they took a bunch of rocks that they dug up out of the dirt , rounds rocks , and instead of putting them over the culvert they put them against the wall and it ' s like a house of cards . They didn ' t replace it , they didn ' t repair it , they were supposed to grade all across the front to the same specs that you have on your drawings which is 1 , 023 feet he thought . He stated that he dropped a string from the manhole over toward his driveway , a level line , it ' s nine to ten inches below, from the manhole to his driveway . They were supposed to lower the foot drain that was up in the air , the trouble is they put in two pieces of foot drain , one is about ten foot long and the other about two foot long . The only part they lowered was the two foot section , they didn ' t lower the rest of it , that is still up in the air . Water won ' t run up hill . The shoulder of the road , which he used to be able to mow, is now avmost straight down and he can ' t mow it any more . They were supposed to grade the ditch all the way to the culvert on the far end . Down by Mrs . Wilson it ' s ten inches high yet . Water will just get in there and set , it won ' t run . He went on to say that as soon as the Engineering staff turns their backs the contractor does as he pleases . There is no body there to watch them . Town Engineer Walker replied that they have not done the final inspection yet and that he had already scheduled an appointment to meet with .mr . Grover Tuesday morning . Mr . Grover continued saying that in back of Mr . Hagaman they put down grass seed and the ground is so hard you can ' t put a shovel in it a half an inch . Just big clumps of clay . They put grass seed down almost two weeks ago and there isn ' t a sign of anything coning Town Board Minutes 4 September 9 , 1991 up and you look for grass seed you can ' t find it because they put it on so thin . The same way over at Schafrik ' s , in back of Mrs . Hardy ' s , in back of Fendricks , it ' s all the same thing . Councilman Whitcomb asked if the residents had been able to hook into the system yet or has it been delayed pending our acceptance of the whole project? Town Engineer Walker replied that it has not been turned over to the Town by the contractor yet , we have not accepted it . Councilman Whitcanb remarked , at the point he turns it over to us are we then saying the project has been done to our satisfaction or can we still withhold some funds pending the outcome ? Mr . Walker replied that the Town would still have saw retainage as far as the site restoration , we have not released the funds on this . Supervisor Raffensperger remarked that one of the difficulties is that we have to permit our contractor to complete the restoration work across the whole area of the so called improvement because if we did not do that then when the other contractors come in to connect the laterals then we would have a fight between the contractors as to who ' s fault it was whatever deficiencies there were in that area . So we had to give the Town ' s contractor the ability to finish the restoration work in those areas before we permitted another contractor to cane in . Additionally , there was a section of sewer which did not meet the test for some period of time . We did not want restoration work to go on and then have the contractor have to dig it up because of a problem as to who would be required to pay for the restoration again . It has been a longer process than we wanted and partially do to the fact that the residents have not been pleased with the contractor . The Town is required to accept the lowest responsible bidder , we can ' t pick and choose . She stated that she did not know that the Town would be able to make everyone absolutely happy but the Town was committed to restore! the property to the condition it was when the residents gave the easements . She stated that she had pointed out to all the people that the Town appreciates that . At this point she stated that she really did believe that everybody was just going to have to wait and see if the grass grows . She felt the Town was having a little bit of bad luck with it being so dry too , but if it does not grow the Zbwn will see to it that the grass is restored in those areas . Mr . Grover replied that right now where the ground is so hard it has opened'. up , just cracked open , where ever they have put this stuff . Supervisor Raffensperger responded that she had seen it but she really did think that people will have to be a little patient and wait and see what happens with the latest maneuver of having the contractor cane and take out sane of the soil , put down new grass seed and put down straw instead of hay and see whether or not it is a better job than the residents think it is at this time . Councilwomen Leary questioned the definition of responsible . As asked if the Town didn ' t have some say in the quality? Supervisor Raffensperger replied that the Town did not have any reason , even now , to think that this wasn ' t a responsible contractor „ He is meeting our specifications for restoration . If the specifications are inadequate then she felt it would be necessary to change them for future projects . This did not occur to us as the same specifications have been used by the Town for Town Board Minutes 5 September 9 , 1991 years and, years but we are now looking at them to see if we should require a higher standard of topsoil , a different mix of grass seed , all the things that are required in restoration . Councilman Niklas asked if the soil had been tested? Supervisor Raffensperger replied that the soil had been tested and met the Town specifications . Councilman Klein asked what the specs call for? Town Engineer Walker replied , basically it says it will not contain less than 6 % organic material , between 7 and 27 % clay , 28 to 50 % silt and less than 52 % sand . Supervisor. Raffensperger remarked that she felt that members of the Town Board who had expertise in this area might like to be of assistancE! to the Town Engineer in reviewing the specifications . Mr . Hagaman , 1485 Trtmiansburg Road remarked , they promised us a two week job , three an a half months ago . We still have mud , dirt , it ' s been a horrible suer of mess and slowness . Dan Walker ' s staff has been wonderful in terms of cooperating and being helpful . He stated that he never heard anybody swear , get mad . It was his backyard and he stated that you can ' t mow, you can ' t have a picnic , you can ' t walk through it because it ' s mud , they didn ' t put on enough grass seed . He stated that his question today was , we have already wc-tited three an a half months , now what they have put on isn ' t evert enough grass seed to even . . . . . you can ' t even find the grass seed . Who will pay for more grass seed? If the Town will pay for more grass seed we will be glad to put it on . Supervisor Raffensperger replied that one of the costs of the cooperation has been delay . She stated that she went out one morning and walked around and that was when she had seen the hay . So we made them take off all the hay , start all over again . It was in a attempt to be cooperative with the residents . We hoped it will be going before it rains , which she hoped would be pretty soon . She asked if anyone was watering the new grass seed . Mr . Grover replied that Mr . Hagaman was but he was not . Councilman Niklas remarked that unless it is watered everyday the grass seed will not germinate . Mr . Grover replied that he was 200 feet from the road . Councilman Niklas replied , the bottom line is that somebody has to water or the grass will not grow . Mr . Grover remarked that he wanted something done with that dirt , he did not want it on his lawn . He went on to say that if you have to take it off and drop me off some he would spread it himself . Councilwoman Leary asked the Supervisor if it wasn ' t the responsibility of the contractor to water it so the grass will grow . Supervisor Raffensperger replied that she did not think that was part of the requirements . She asked Councilman Liguori if he didn ' t think the restoration job that was done on Trtmiansburg Road was a good job . Councilman Liguori replied that he felt you had to go through a spring season before you really get what you would call a really good grass cover . Town Board Minutes 6 September 9 , 1991 Councilman Niklas suggested that the Town go to the experts at Cornell in Agronomy for a proper seed mixture and topsoil . Councilwoman Leary questioned if it was necessary for the Town to stick with a contractor to the very end , when they are not performing satisfactorily? Town Attorney Barney replied that the most fun for lawyers is a construct:�on claim . If you take a contractor off a job , number one you have :bought a lawsuit right off the bat , Number two you have conflicting claims that go on for years as to whether or not the contractor- did or did not perform , you have to pay another contractor to come in and he know you are in a bind and he will hit you with a somewhat higher price than you might otherwise have to pay . You are much better off working with the contractor you have in place than trying to get another one . Town Engineer Dan Walker continued with his report noting that on South Hill- , Troy Road , final site work and a final inspection has been completed and final payment is recommended . The Town Engineer noted that construction has started on the 1989 Water and Sewer Improvements in Inlet Valley with the placement of the pump station structures . Water main installation has been completed on Seven Mile Drive and Bostwick Road . The Contractor has aggre"sively attacked the project with two crews in an effort to complete the project this fall . Mr . Walker went on to say that the Engineering Department has received Several requests from residents of the Drew subdivision for a public water supply due to problems with water quality and quantity . The residents have been told that a formal written request to the Town Board would be needed prior to the Town Board authorization for a feasibility study . Town Engineer Walker continued noting that 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 . The Engineering Department is also providing 1nformatioiz on utilities and the various inter=lcipal agreements are being evaluated and updates of the agreements are in the development stage . He went on to say that the Mitchell Street sidewalk design has been completed ,and reviewed by the County Highway Depar went . Work in the right--of-way has raised some questions regarding drainage . Re-alignment of a portion of the sidewalk to a less desirable location has been made necessary because of a refusal to grant an easement frcm the East Lawn Cemetery Association . Highway Superintendent ' s Report Fred Noteb0cm , Assistant Highway Superintendent read the Highway Superintendent ' s Report and the Parks and open Space Manager ' s Report , as follows : Highway Superintendent ' s Report The Highway Department worked 1351 hours in August , of those 13 . 25 of these hours were overtime . Six hundred and three man hours were spent mixing stabilized gravel for shoulder material and shimming roads in preparation for surface treating roads . Actual surface treatment (oil and stone ) required a total of 180 man hours . Next Town Board Minutes 7 September 9 , 1991 week the loose stone will be swept froxn these roads to reduce the hazards and canplaints . Two hundred and one-half hours were spent replacing,/ installing culvert pipes . one was replaced on Elm Street , Ext . , requiring 140 hours , and Culver Hill Road a replacement was placed . A culvert pipe was installed on Salem Drive to serve as an overflow pipe to prevent flooding across the road and onto Frank Clifford ' s lawn , which has been occurring on a regular basis . The remaining time was spent repairing catch basins , mowing right-of-ways , fixing trucks and general maintenance at the Highway facility , except for 16 man hours which were spent clearing a back lot sewer easement on Muriel Street , so that the City crew could get equipment access to open a plugged sewer line . There is :Mill final clean-up to be done in these back lots , which will be dome in September . Projects that are to be done prior to the end of the summer construction season are . Park Lane - ccnpletion of ditch protection , subgrade , placement of sub base , base and top . ( 2 weeks ) . Whitetail Drive - on the section between King Road and Saranac , remove the surface , rework the base and pave with new asphalt top . This is to be done with the assistance froxn the Deer Run Developer . ( 1 week) . Rose Hill Road - mill off to 3 " of pavement and resurface with new asphalt top . ( 1 week) . orchard Hill Road , Lisa Place - patch holes and areas where surface has been removed to make plowing possible . ( 1 week) . Brush pick-up - October 21 - 25 . ( 1 week) . Leaf pick-up - November 11 - 22 . ( 2 weeks ) . Park Lane , Joanne Drive , Regency Road - place shoulder material . ( 1 week) . Penny Lane - place bollards for traffic control . ( 1 day) . Miscellaneous repairs of ditches and shoulders to prevent drainage damage and driving hazards . (On-going) . Parks and Open Space Manager ' s Report Lawn edges adjacent to the four sections of Northeast Ithaca Walkways were dressed off with topsoil and reseeded . A total of 56 man hours were spent . This marks the completion of the project . Mowing of the parks and trails , along with the second mowing of all water tank:S and pump stations , required a total of 100 man hours in August . All shrubs and trail canopies were trimmed back , taking . a total of 100 man hours . Safety and maintenance upgrades of the Hungerford Heights play structure were completed , except for the wood sealer application and addition of more 1A gravel for the base of the structure . A total of 79 man hours were required . Numerous routine maintenance tasks , totaling 236 man hours , were performed in August . Park furniture staining , weed control , site Town Board Minutes 8 September 9 , 1991 inspections , garbage removal , yard waste management and recreationway user counts were the main tasks undertaken in August . September park projects include construction of Mitchell Street Walkway , Tudor play structure upgrades , wood sealer application on all play structures , continue regular grounds maintenance , several lawn restorations and tree planting jobs for Engineering Department and finish park furniture staining . Building Inspector/ Zoning Officer ' s Report Andrew Frost , Building Inspector/ Zoning Officer reported that they had issued 19 building permits for the month of August . He noted that the number of building permits for one- family residents so far this year was 36 as opposed to 26 for the same period last year . Twenty certificates of occupancy were issued , 10 complaints , mostly occupancy „ were investigated and 118 field visits were made . Also , two sign permits were issued . Town Planner ' s Report Town Planner Floyd Forman reported that the Planning staff in cooperation with the Comprehensive Planning Committee (CPC ) and Stuart I . Brown Associates continued work on the comprehensive plan . Work during this time period focused on revising the inventory chapter . At the August 20th CPC meeting , the goals and objectives were approved . Staff began to identify and assemble the actions which will accomplish these goals and objectives . Stuart Brown Associates will further develop and refine these recommendations . The Comprehensive Planning Committee held one meeting during this period on August 20th . Mr . Forman noted that the Planning Board met on August 22nd and September 3rd , The August 22nd meeting was an informal meeting at Bob Kenerson ' s home to discuss planning issues . At the September 3rd meeting , the subdivision of the remaining industrial land owned by Mr . Mancini was approved with conditions . A sight ed with Courtside Racquet and Fitness Club was also approved conditions . The Town Planner stated that the Planning staff worked with the Conservatil:)n Advisory Council (CAC) to conplete a draft Open Space Inventory and Map . The Planning staff also continues to work with Andy Frost and John Barney to support the efforts of the Codes and Ordinances Comni.ttee (COC) . The Committee met on September 4th . The major focus of the COC continues to be consideration of revisions 'to the Town of Ithaca Zoning Ordinance and other land use regulation: . Staff prepared the following recommendations for changes to the Zoning Ordinance : regulations to change the intensity of use schedule for business zones , develoFanent of a section on landscaping and screening and revisions to the section on special. permits . COC also discussed other land-use related environmental protection mechanisms which the Town of Ithaca could consider iii the coming months Mr . Forman noted that the Planning Department has added two persons to the staff . Francesca Forestieri and Kerry Whitehead are Cornell students , hired under the CIVITAS program . They will each work approximately 10 hours per week . Staff also met with three of Cornell ' s vice presidents to discuss topics of mutual interest . Staff met with John Majeroni , Director of Real Estate for Cornell University to address problems with East Hill Plaza . At this second meeting , we discussed in more detail planting plans and plans for the channelization of traffic at the Plaza . �,� >Ut��t�i�rtua�tn�rxto�itu Town Board Minutes 1 9 September 9 , 1991 Councilman Whitcomb asked when the approved Goals and Objectives might be available to the public ? Town Planner Forman replied that it made more sense to release the goals , objectives and policies all at once . If you simply release the goals and objectives you will create more questions than you will answer . It takes the policies to fill out the goals and objectives and answer some of the questions . Report of Town Committee ' s Comprehensive Planning Committee Councilman Klein stated that they did appreciate the comments that the Committee received back on the Goals and Objectives . He felt they were much improved over when they started . He noted that the Planning Consultant had not put in much time the past month because the staff has been doing a lot of work and basically the main objective for the CPC were the goals and objectives . Councilman. Liguori noted that back in 1963 , NCR built a small brick structure just south of their main building , kind of a sales and service center . It is now up for sale and Digicomp , a local electronic firm , is interested in purchasing it . In sane of the initial investigations , no building permit was found to cover the 1963 construction . Also , the zoning map does not seem to include that parcel of land within the Industrial Zone of NCR . He hoped that this could be resolved simply . He went on to say that his own guess was , and he had spoken to Ben Boynton who was Supervisor at that time , he claims it did come before the Board and at that time everybody assumed it was part of the NCR Industrial Zone . Nobody can explain why there wasn ' t a permit issued . He felt every body would agree it was a good firm and it should be resolved . Supervisor Raffensperger replied that the Town Clerk had worked many hours towards trying to follow up the clue from Ben Boynton in the Town Board minutes and it could be guaranteed that it was not there . Now we on the latest clue that there may have been a variance . So now she will go through the Board of Zoning Appeals minutes to see if we can find it there . Additionally the Building Inspector :Ls going to go back up and remeasure and try to get some metes and bounds of the two zones and to determine precisely where the line between the Industrial and Residential zone is but that doesn ' t look particularly good , it looks like it really is in a residential zone . We would be pleased to find a variance but we are digging . Councilman Liguori remarked that the property was originally owned by Morse Chain and was sold to NCR in 1960 . Codes and Ordinance Committee Councilman Niklas remarked that there were several items on the agenda that: came from Codes and Ordinance and he would discuss them as they come up on the agenda . Conservation Advisory Committee Councilman Whitcomb remarked that the much fabled CAC Open Space Inventory is nearly done and plan on adopting it later this month . He asked , what kind of public presentation would the Town Board like the CAC to have ? We are going to present the Open Space Town Board Minutes 10 September 9 , 1991 Inventory to the Town Board , hoping that the Town Board will adopt it as the Open Space Index for the Town . Should the CAC hold the public information meeting , is a public hearing required or should we just forward it to the Town Board and let the Town Board take it from there ? Supervisor Raffensperger replied that the purpose of having a public information meeting is to see if there are members of the public who have input that might be valuable to the CAC so it seemed to her that it would be reasonable at a regular CAC meeting to advertise that the CAC will be doing this and would appreciate input from the public on it . So that , when it comes to the Town Board it has had some public comment . Counci]lnal Niklas replied that he felt this was a good idea . He stated that he was going to suggest that CAC publicly present this to a Special Town Board where we could get input from. the public and also members of the Town Board could be there informally to listen . Councilman Whitcomb remarked , we will invite the Town Board members to the CAC meeting . REPORT OF COUNTY BOARD OF REPRESENTATIVES No representatives from the County Board were present at the meeting . Supervisor Raffensperger noted that five additional items had been added to the Agenda this evening consisting of setting a date for a public hearing to adopt a local law amending the Town of Ithaca zoning Ordinance regarding abandonment of non-conforming uses , set date for public hearing to adopt a local law amending the Town of Ithaca zoning Ordinance relating to permitted uses in Business District "'D " , authorize Justice Wallenbeck and Justice Blye to attend Magistrates Association Annual meeting and advanced training seminar , discussion of Department of Labor conference and set date for public hearing to consider a supplement to agreement of municipal cooperation for construction , financing , and operation of an intermunicipal water supply and transmission system which she noted translates to zebra mussels and probably a short executive session . PRESENTATION BY SPCA OF 1992 CONTRACT Pam Stoneb:raker , Director of the SPCA stated that she would like to take a few minutes to explain the services provided to the Town of Ithaca in fulfilling the dog control contract . First of all , the SPCA does employ two full time and two part-time animal control officers . They are required to attend peace officer training and are certified by the State . These officers respond to calls concerning stray , injured and vicious dogs . A twenty-four hour emergency service is available for injured and aggressive dogs . During our operating hours the animal control officers issue appearance tickets for violations of the Town of Ithaca ' s dog control ordinance as well as issuing tickets for failure to license dogs . The SPCA is responsible for providing the Town with effective dog control which prevent property damage and traffic accidents caused by dogs running at large . It protects the health of the community by insuring that dogs have received their rabies vaccinations . The SPCA runs a modern shelter which is State inspected . The SPCA helps the Town to raise substantial revenues through impoundment fees , dog licensing fees and fines paid in response to appearance tickets . In 1990 , $ 705 was collected in :mr�i mrr �ru WWa�iWILLI�IICC{MNtl WLLl11�� Town Board Minutes 11 September 9 , 1991 impoundment fees and approximately $ 2 , 883 in dog licensing fees . She went on to say that during negotiations over the past two years the SPCA has been asked to calculate the percentage of the dog control program in each town . 16 . 9 % of all tickets issued were within the Town of Ithaca and 17 . 5 % of all dogs impounded came from the Town ,. This combined percentage 17 . 3 % of the SPCA ' s total dog control budget . This year the proposed amount for the SPCA contract is $ 14 , 365 which represents a 5 % increase over last year to help offset the SPCA ' s rising operating costs . Ms . Stonebraker remarked that she just wanted to remind the Board that last. year they had talked about the possibility of the Town raising the local licensing fee . Currently it is $ 3 . 00 and we talked about raising it to $ 5 . 00 . Based on the dogs licensed last year the Town could bring in another $ 1 , 900 more . Supervisor Raffensperger noted that the Town was in the process of enumerating the dogs and felt this would help the Town . JULY FINANCIAL REPORT RESOLUTION N0 . 204 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the July Financial Report , as presented . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CHANGE ORDER # 3 - WEST HILL SEWER Town Engineer Dan Walker stated that he did not have a change order and it wasn ' t Change Order # 3 for the West Hill Sewer it was Change Order for Contract # 3 but we still don ' t have every thing agreed to from the contractor so he did not want to present that but what he did want t-.o present was the three contracts that were in process right now . One being the Troy Road contract which is Contract # 1 , Contract # 2 is the Inlet Valley project and Contract # 3 is the West Hill project . Normally we just put these contracts through with the standard warrants but he wanted to report to the Board . He went on to say that for Contract # 1 we have done final inspection on the Troy Road tank and accepted the tank , it ' s in operation now , so we are recommending final payment on that project . The payment for this month which is also the final payment is $ 48 , 180 . 49 . The second one is the West Hill contract , we are recommending a payment this month of $ 13 , 077 . 700 On the Inlet Valley contract , to date we have in place over 2 , 000 feet of water main and the two pump stations so we are recommending a payment of $ 390 , 637 . 12 . Supervisor Raffensperger felt they should be approved as part of the warrants . RWCM1ENIDA71I0N OF PERSONNEL COMMITTEE CONCERNING THE 1992 SALARY POOL Supervisor Raffensperger stated that the reason the Personnel Committee is recommending the $ 500 incentive increase is because in a year when the Town does not feel it can give salary increases that are similar to those given in past years it was felt the lower paid employees not be disadvantaged by a straight percentage increase * NINE i.� i��wYrwewrnwu�r�urmnw��i Town Board Minutes 12 September 9 , 1991 RESOLUTION N0 . 205 Motion by Councilwoman Valentino ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the following Employee Salary Increases for the 1992 Fiscal Year , as recommended unanimously by the Personnel Committee : 1 ) the total Salary Pool for 1992 increases will be 4 . 75% of the current salary base 2 ) each employee should receive a $500 incentive increase , 1 / 2 to be paid the first pay period in May and 1 / 2 the first pay period in September 1992 3 ) additional monies ( up to 4 . 75 % pool limit) will be available for distribution by Department Heads on a merit basis ( as has been done in past years ) , and will be added to the current salary base beginning January 1 , 1992 . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . ADDENDUM TO THE ORIGINAL ENVIRONMENTAL ASSESSMENT FOR THE ALTERNATE ALIGI ENT OVER CITY PROPERTY OF THE SOUTH HILL RECREATION WAY Supervisor Raffensperger reminded the Board that this item comes about because of the necessity to have an alternative alignment over City property , than was originally approved because NYSEG will not give the Town a license for a sufficient period of time to meet the requirements of the grant . This alternative alignment will be used only if it is necessary . RESOLUTION N0 . 206 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , WHEREAS , the Town of Ithaca is in the process of acquiring the necessary rights-of-way to construct the South Hill Recreation Way , and WHERE , a portion of the Recreation Way will go over property presently owned by New York State Electric and Gas Corporation (NYSEG) for which NYSEG is willing to grant only a revocable license for use of said land by the Town of Ithaca , and WHEREAS , tine Town of Ithaca has executed an agreement with the City of Ithaca which would provide the Town of Ithaca an alternative route for -the Recreation Way should NYSEG revoke its license to the Town , and WHEREAS , the Town Board , acting as Lead Agency for environmental review of the South Hill Recreation Way , has , on April 10 , 1989 , made a negative determination of environmental significance for the project , and WHEREAS , this action is the consideration of an addendum to the environmental assessment for the proposed South Hill Recreation Way , assessing the potential environmental impacts of constructing the South Hill Recreation Way over the alternative alignment across lands of the City of Ithaca , and WHEREAS , this is an Unlisted Action for which the Town of Ithaca Town Board is acting as Lead Agency for environmental review , and Town Board Minutes 13 September 9 , 1991 WHEREAS , The Town Planning Department in preparing this addendum has completed an assessment of potential environmental impacts should the Town of Ithaca in the future construct the South Hill Recreation Way over the alternative alignment across lands of the City of Ithaca and has recommended that a negative determination of environmental assessment be made with regard to said construction , NOW THEREFORE BE IT RESOLVED , that the Town Board make and hereby does make a negative determination of environmental significance for the alternative alignment of the South Hill Recreation Way across lands of the City of Ithaca . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . APPROPRIATE PERIOD OF TIME FOR THE POSTING OF SIGNS Councilman Niklas remarked that Item 2 on page two was the pivotal issue , "the posting shall occur at least seven and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above " . Codes & Ordinances got comments from CAC and had a long discussion with staff particularly the Planning Department . We honestly could not find an appropriate hallmark in the process of developers coning to the Town , making application that would permit us to identify a greater minimum number , (4reater than seven . So basically he stated that he then asked the Town Board to consider this as an agenda item because if the Board is satisfied with the way that sentence reads now then he would request that the Board set a public hearing . All of the other comments were addressed at various meetings of COC . At the last COC meeting , Eva Hoffmann report to him that CAC was sensitive to the fact that even though their recommendation was a larger period of time just the mechanics of how the Planning staff deals with developers really doesn ' t permit a greater latitude than seven days . Councilman Whitcomb remarked that the whole purpose of it was to give the public some greater notice of what was going on and having to read in the legal section of their paper five days before a public hearing was being held on the subdivision of a property . He went on to say that we know that in the City they have had some kind of sign ordinance for some time and the signs seem to be posted for quite a while before the project is considered . He asked if the Committee had consulted with the City? Councilman Niklas replied that they had received a copy of the City legislation and we got a look at how they word those signs . The issue really is not that , the issue is simply the mechanics of when staff knows that this particular developer and the site plan would go before the Town Planning Board . We really don ' t have that much extra time , extra warning as to when that will happen . We looked at alternatives but couldn ' t find a viable alternative . Usually if there is any controversy involved in a subdivision it will usually go to a :second public hearing . Councilman Whitcomb remarked that he was a bit confused because he thought the Town had greater latitude than seven days after a developer made application to the Town for subdivision approval . The cloak really doesn ' t start running until you deem the application is complete and you have 45 days for a SEQR review. So why is there only seven days before the first public hearing ? Town Planner Forman replied that the one constraint we are under is staff time and how best to allocate it . What we have been doing presently and also what has been going on from the past , we try to Town Board Minutes 14 September 9 , 1991 complete the review approximately a week ahead of time so that we can get information out to the Planning Board so it will help them make an intelligent decision . We get the review done approximately seven days in advance and for someone to call up 30 days in advance won ' t do them any good . Town Attorney Barney remarked that the sign was going to say when the first: hearing would be held and mechanically the determination as to the date of that hearing is frequently not made until quite close to the hearing date . If you had a requirement that it had to be posted 30 days in advance of the hearing , he did not think anybody knew today what the schedule was going to include 30 days from now. This time limit applies not only to big things but also applies too variances , two lot subdivisions , we are using one sign that will_ be posted for any application for which there will be a public hearing . He also did not think that the Building Inspector made a decision on what would be heard at the next ZBA meeting until after he finishes the one two weeks before . Councilman Niklas remarked that if the Town Board was looking for a recommendation from Codes and Ordinances he felt that Codes and Ordinances , as a committee , was satisfied that the spirit and recommendations of the CAC will be met if this piece of legislation is enacted into law. It is a minimum of seven days and in other circumstances it might be possible for staff to get this sign up before . This is really a policy decision as to the minimum number of days . Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca meet and hold a public hearing on the proposed local law as presented by the Codes and Ordinance Committee . Councilman Liguori asked , who is this targeted for , the immediate neighborhood , isn ' t it? The chances are very good that the people in the immediate neighborhood are going to see it in a week . Councilman Whitcomb replied , but the adjacent property owners would be notified anyway . Councilman Niklas replied , yes . Councilna n Whitcomb replied what is the point of the sign if it is only going to be posted seven days ahead of time ? Supervisor Raffensperger remarked that she read it at least seven and not more than thirty . She did not anticipate that everyone would wait until just seven days before the public hearing . Councilman Niklas remarked that he thought the one great benefit that he saw was that someone who has always had to read the legals to find out what was happening with the Town Planning Board . He felt a very ugly sign posted on the highway was a very visible warning to the community that something was going on . And also , he thought that if there were items that were controversial , once again the Town Planning Board has provided public hearings on additional days . He stated that he has been convinced by staff that to do otherwise and until staff really does know what the site plan is really going to look like and very frequently they don ' t until a week before it goes before the Town Planning Board , they could be barraged for information that simply isn ' t available . We are trying to provide staff with an efficient working environment and not waste the taxpayers dollars . Town Board Minutes 15 September 9 , 1991 Councilman Klein remarked that he felt the seven days , as proposed , was adequate . Councilman Whitcomb replied , except it really doesn ' t give us any more notice than they would get by reading the legals . Councilman Klein replied , he thought the intent was to provide another way of giving a notice because not everybody reads the legals and this would have a greater town-wide impact . Councilman Whitcomb stated that he remained unconvinced by staffs arguments and he would like to amend the motion to 14 days rather than seven . RESOLUTION NO . 207 Motion by Councilman Whitcomb ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the amendment to the appropriate period of time for the posting of signs from 7 days to 14 days , and FURTHER FESOLVED , the the Town Board will meet and hold a public hearing at 7 : 00 P . M . , on October 3 , 1990 to consider said local law . ( Raffensparger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER THE RE-ENACTMENT OF LOCAL LAW # 11 , 1991 , A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PROCEDURES FOR SITE PLAN APPLICATIONS AND FOR MODIFICATIONS OF SITE PLANS Proof of posting and publication of a notice of public hearing to consider the re-enactment of Local Law # 11 , 1991 , a local law amending the Town of Ithaca Zoning Ordinance relating to procedures for site plan applications and for modifications of site plans having been presented by the Town Clerk the Supervisor opened the public hearing . Town Attorney John Barney stated that the proposed local law was before the Board several weeks ago . Immediately following the public hearing the Board adopted several changes to the law as it was proposed . Most notably was the extension from 24 months to 36 months under the sunset provision . We went ahead and adopted it but it occurred to him later that perhaps to avoid any possible questions as to the validity of enactment it would be wise to adopt it in the final version and that it why it is before the Board again . David Aub.le asked for more of an explanation of what happened . Supervisor Raffensperger replied that what actually happened was that there were people here who suggested that we ought to alter the amendment as it was proposed to increase the number . Town Attorney Barney remarked , section 10 , paragraph 3 . Originally this was proposed it was suggested that if the work had not materially commenced , he thought , within twenty- four months was the original draft . He stated that he believed Mr . Hilker was here and requested it be changed to something like five years . The Board agreed to a three year period . Under the procedure for adopting a local law you are supposed to have the local law on the table in the form in which it is presented to the public and then adopted . Town Board Minutes 16 September 9 , 1991 While you can make minor changes in it , if you make any significant changes you really should re-publish and readopt . He felt later that it was enough of a change to readopt . Supervisor Raffensperger remarked that the other change was the last section which says this law will take effect 20 days after adoption . As no one else wished to speak , the Supervisor closed the public hearing . LOCAL LAW # 13 - 1991 Motion by Councilman Niklas ; seconded by Councilman Liguori , LOCAL LAW # 13 - 1991 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PPLCEDURES FOR SITE PLAN APPLICATIONS AND FOR MODIFICATIONS OF SITE PLANS Section 1 . The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : 1 . 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 suhn-it 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 recommendation " . 3 . Article IX , Section 46 , subdivision 2 , first sentence , is amended to read as follows : i "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 : " 3 . Whenever a District is created pursuant to the provisions of this Article , the owner shall be bound by the general site Town Board Minutes 17 September 9 , 1991 plan as approved and adopted by the Town Board" . 4 . Arti "le 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 Relating 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 ( unless one or more items are waived by the Planning Board) property 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 community . The Planning Board shall then adopt a resolution recommending 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 completed 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 hearing and forward the same to the Chairman or Clerk of the Board of Appeals . 3 . 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 " 1 . 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 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 infoiznation 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 Town Board Minutes 18 September 9 , 1991 sign;) 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 amended by amending subdivision 4 , opening 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 '.Cown 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 . 90 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 is 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 general site compatibility of buildings , lighting , signs , open spaces , and outdoor waste disposal facilities . 4 . Adequacy , type , and arrangement of trees , shrubs , and other landscaping constituting a visual and/or noise-deterring buffer between the applicant ' s and adjoining lands , including the retention of existing vegetation of value to the maximum extent possible . 5 . 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 . �e Town Board Minutes 19 September 9 , 1991 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 conununity . 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 compliance 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 . 3 . Unless work has materially commenced in accordance with the final site plan within one year from the :issuance of the building permit authorizing such work , or within thirty-six months of the date the Planning Board gave final site plan approval , whichever is earlier , not 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 for work to materially commence shall be extended to July 8 , 1994 or one year from 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 Town Board Minutes 20 September 9 , 1991 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 If 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 . Section 2 . It is the intention of this local law to re-enact and readopt Local Law No . 11 of the year 1991 with any changes therein that were made during the course of consideration of said local law in July of 1991 . Section 3 . If any provision of this law is found invalid by any court of competent jurisdiction , such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect . Section 4 . This law shall take effect 20 days after its adoption . The Supervisor called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye , Local Law No . 13 - 1991 was thereupon declared duly adopted . PUBLIC HEA)UNG TO CONSIDER THE ADOPTION OF A LOCAL LAW ESTABLISHING A NEW WATER RATE SCHEDULE IN THE TGM OF ITHACA Proof of posting and publication of a notice of public hearing to consider the adoption of a local law establishing a new water rate schedule in the Town of Ithaca having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Raffensperger stated that the Board had all received a lot of material which has cone primarily from Bolton Point . The Bolton Point Commission passed the schedule as has been distributed to the Board , dated 8 / 14 / 91 . The proposal tonight is for the Town of Ithaca :rate schedule which includes the Bolton Point schedule , and as you have seen includes a ten cent municipal increment which several of the municipalities have wished to increase . You will note that you also received the old schedule where there were about 20 different rates that large users were very much advantaged by the previous system and that Bolton Point has now proposed a system which in a period of three years , by the first of January , 19941, have a flat, rate system for all consumers of water . In other words I Town Board Minutes 21 September 9 , 1991 it doesn " t matter how much you use you pay the same amount per gallon if you are a small user or a large user . This is the first step in the process . Celia Bowers , 1406 Tr mtiansburg Road stated that she felt it was an excellent idea because if you charge a flat rate to encourage conservation , if you charge a lesser rate for those who are using a lot , you encourage waste . As no one else present wished to speak , the Supervisor closed the public hearing . Councilman Whitcomb remarked that he assumed the average residential user would experience a decrease in his water bill as a result of this after it is fully enacted? Supervisor Raffensperger replied , there is a chart which shows but from 9 , 000 to 20 , 000 gallon per quarter there would basically be no change at the end of the three years . There would be a 1 . 6 % increase in that year . In these three years , the people who use the most grater receive the biggest increases , per the chart . FOCAL LAW NO . 14 - 1991 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , LOCAL LAW NO . 14 - 1991 A LOCAL LAW TO AMEND LOCAL LAW N0 . 21 1976 , BY ADOPTING A NEW WATER RATE SCHEDULE FOR WATER RATES , CHARGES , AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN THE TOWN OF ITHACA Section 1 . Local Law No . 2 for the year 1976 , adopted August 23 , 1976 , as subsequently amended , is hereby further amended by deleting and repealing the water rate schedule set forth in this local law . The textual materials relating to master meters , etc . , presently in the current water rate schedule as amended shall continue to in full force and effect . The new water rate schedule reads as follows : Gallons per Bolton Point Municipal Combined Rate Quarter Rate Increment payable in - Town of Ith . 0 - 10 , 000 $ 2 . 15 / 1000 $ 0010 / 1000 $ 2 . 25 / 1000 gallons gallons gallons 10 , 001 - $ 1995 / 1000 $ 0010 / 1000 $ 2 . 05 / 1000 150 , 000 gallons gallons gallons Over $ 1 . 60 / 1000 $0010 / 1000 $ 1970 / 1000 150 , 000 gallons gallons gallons Minimum Quarterly Charge $ 21 . 50 $ 1 . 00 $ 22 . 50 Section 2 . This local law shall take effect January 1 , 19920 The Supervisor called for a roll call vote . Town Board Minutes 22 September 9 , 1991 Councilman- Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 14 - 1991 was thereupon declared duly adopted . FILL PER ETS AND DEPOSIT OF MATERIAL ON OTHER SITES Councilman Niklas remarked that if the Board recalled he thought this was raised at a couple of Town Board meetings ago when Councilman Whitcomb questioned the Building Inspector/ Zoning Officer ' s Report . That was , the question of fact that we had granted permits to remove fill from a particular site and that was , he thought , Ithaca College . He went on to say that the real question was whether or not we were really very happy with where it was dumpal . There is noting in Section 70 of the current law regarding whether or not the material is going to be dumped on an improved site . We wanted to get a policy decision from the Town Board before Codes and Ordinances proceed with amending Section 70 . Essentially there is a loop hole right now in the way the law is crafted and that is that the Town doesn ' t really have any control over where the material is dumped if it is taken off site . The real question is , does the Town want to have control , does it want to approve of these sites before the material is dumped or whether or not we are really happy with the way the law is right now . Andrew Frost , Building Inspector/ Zoning Officer stated that as the law reads it basically provides for exemptions from going to the Town Zoning Board for special permit or the Town Planning Board where amounts exceed 25 , 000 cubic yards . Essentially if someone has a building permit they are exempted from getting any fill permit when the total amount of material moved from one place to another place on the construction site is less than 700 cubic yards which is :33 some odd 18 ton truck loads of dirt . Or where the amount of material removed from the construction site to an off-site location or brought from the construction site from an off-site location is less than 500 cubic yards . Councilman Niklas remarked , one modification which we could kick around at COC , we could specify an approved off-site location . And then craft that legislation as to how that approval is gained and what it means . We really need to get a feeling before COC spends the time and effort to do this . Supervisor Raffensperger replied that her impression was , when the Board passed this legislation , that is what we thought we were doing . The reason that the question arose is because we received complaints on South Hill because there was fill being taken from a site where there was a legal building permit and being dumped and we had no control over it . Councilman Whitcomb remarked this law , as written , only takes care of half of the problem . It takes care of the problem of fill generated on site but it doesn ' t take care of the problem of what happens to it after it leaves the site . Town Attorney Barney remarked that the law was originally drafted to take care of some problems on Elmira Road and it deals with those prob=lems but it does not deal with the problem of a massive movement of dirt . Town Board Minutes 23 September 9 , 1991 Councilman Niklas remarked that he felt it was a good law as it was but it could be made better . He asked for a straw vote from the Town Board as to if they wished COC to start tidying up this . The Board felt this was a good idea . Councilman Whitcomb remarked that COC might consider that 50 cubic yards was a little too small of an amount before a permit was needed . NEW YORK STATE ASSOCIATION OF ENVIRONMENTAL MANAGEMENT COUNCILS AND NEW YORK STATE ASSOCIATION OF CONSERVATION COMMISSIONS FALL CONFERENCE Councilman Whitcomb noted that there was another CAC member who was interested in attending besides himself . He noted that the registration was $ 30 each plus room and board . RESOLUTION N0 . 208 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Councilman John Whitcomb and a member of the Conservation Advisory Council to attend the new York State Association of Environmental Management Councils and New York State Association of Conservation Commissions Fall Conference , October 25 , 26 , 27 , 1991 in Rochester , New York . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER REVISING THE SCLIWC RULES AND REGULATIONS Proof of posting and publication of a notice of public hearing to consider revising the SCLIWC Rules and Regulations having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Engineer Dan Walker stated that the original rules and regulations were drafted in 1980 and are now a little out of date . Basically the changes are to update the rules and regulations , to make them consistent with the current laws that have been enacted and also , with design standards in the industry . The main law that was critical was the backflow prevention law that was passed in 1980 and adopted by the municipalities in 1991 . As no one attending the meeting wished to speak for or against the revisions , the Supervisor closed the public hearing . Councilman Liguori noting page 4 , item 4a under "Quantity and Pressure " , the last line , that says each one of us must have a pressure regulator on his water system , no exemptions , it says we have to haire it . He stated that he felt it was wrong . He did not know if it was a miss-typing or what it was but it says that if he only has :50 pounds pressure he still had to have a pressure regulator . If he has 100 pounds pressure he has to have a pressure regulator . He again said that he felt this was completely wrong . It shouldn ' t be that way . They can recommend it but to require everybody to have a pressure regulator is 100 percent cop out . Supervisor Raffensperger replied that she had asked the question and the answer that was given to her which made scene sense and the rest of the Commissioners seemed to feel was logical , is that �...�,� Town Board Minutes 24 September 9 , 1991 requiring this protects the Commission from suits if the pressure fluctuates and causes damage within a house . Then the Commission can say , we said to you you had to have a pressure regulator you did not have one , therefore , it is not the responsibility of the Commission that low pressure , high pressure or fluctuating pressure has caused damage to your house . Councilman Liguori replied that that was what he had said , it was a cop out . They spend half of that paragraph as a disclaimer anyway , he thought . Councilman Niklas asked why the Commission didn ' t just disclaim responsibility if a customer does not have one . This suggests that if a customer is found not to have one . . . . . . . Town Engineer Walker replied , the Commission controls the system that the Town owns , if someone is not protected by a pressure regulator , the pressure surges to 150 pounds per square inch and you blow the shower head off in someone ' s house and it causes a lot of damage , the Town is going to pay that bill , not Bolton Point . This is a Town system , Bolton Point administers these rules and regulations . If anyone is going to pay these bills it is the Town . Councilman Niklas replied , but that doesn ' t answer my question . His question was , why doesn ' t the Town or Bolton Point simply put in a disclaimer , we are not responsible if a pressure regulator is not installed . Supervisor Raffensperger remarked that we are usually told by the Attorneys that disclaimers don ' t count . Town Attorney Barney replied , they are not always totally effective . Councilman Liguori asked if he didn ' t have a regulator , later on in here ( the ]pules and Regulations ) they can turn my water off? Councilman Niklas asked how much a regulator cost? Town Engineer Walker replied that he was not sure but probably $ 150 . Councilman Klein asked if it was cannon in most residential systems ? Town Engineer Walker replied , most systems have them on if they have high pressures . He went on to say that we do have potential for high pressures here given . . . . . . . the way the system is built we try to regulate pressures and keep then between 50 and 75 pounds . But , given the nature of the topography here and the emergency interconnections we have it is possible under emergency situations , if there is a fire some place they can open pressure regulating valves that are higher up on the system and increase system pressure . That is the purpose of putting pressure regulators on individual homes . Councilman Niklas remarked that the real question was whether or not asking someone to install a pressure regulator at the price of , let ' s say , $ 150 which has the potential of preventing their home from flooding when you are not around if there is an emergency , is an unreasonable request . Councilman Liguori replied , it ' s not a request it ' s a demand . Councilman Niklas replied that he was being kind , is it an unreasonable demand? Town Board Minutes 25 September 9 , 1991 Councilman Liguori replied , if they walk into someones house tomorrow and don ' t see a regulator they have the authority to disconnect the service . Councilman Klein questioned the sale of existing homes . He asked if this would become something that buyers are going to insist that every house have one? Supervisor Raffensperger replied that she would think that any time that there were plumbing inspections of any kind that this matter would arise . She felt this was fair to say and if that is the sale of a house it could be then . For example , if there is a broken pipe or if there was damage to a house because there was not a pressure regulator , obviously the matter would arise . Town Engineer Walker added that he thought that most banks and lending institutions , if they require a house inspection , would probably ask questions about regulators if they are aware of what could happen within the systems . Councilman Klein asked if this was town wide or just certain areas that are more subject than other ? Town Engineer Walker replied that it could be a problem town wide as we are extending pressure zones like on the West Hill area for instance , 'we have a hydrophenumatic station that feeds a small area up there . There may be in the future a tank at a higher pressure zone that would feed that area and may be one above that at some time in the future . Since most of the Town is down in the valley he felt 80 % of the houses were at some risk . Councilman Niklas speaking to the Town Supervisor noted that in the past when a Town Board member has had some concern about a local law that :has essentially been drafted by Bolton Point we have communicated back to the Water Commissioners that concern to see whether or not some compromise or reconsideration is in order . He went on to say that since the Town Supervisor is the Board ' s representative did she have a sense that the Bolton Point Water Commissioners would be willing to consider Councilman Liguori ' s concerns ? Supervisor Raffensperger replied that she did not think the Commissioners would be willing to remove the requirement but she was not positive . She went on to say that her impression , and she had raised the question , and that was that there was not going to be an affirmative policing of the individual water services in the Town to make sure they have the pressure reducing devices . That it is seen primarily as protective of those circumstances in which you have those fluctuations that may cause damage . She stated that she was just reporting to the Board the discussion as it was conducted at the Comunission . Councilwamul Leary remarked that if pressure regulators are so important :>houldn ' t they be part of the system and , therefore , paid for by Bolton Point? Supervisor Raffensperger replied , nothing is really paid for by Bolton Point . Each municipality pays for it so if you are saying should the Town of Ithaca pay for it , that ' s a question . You can frame it that way but it is not really realistic to pretend that the Commission pays for anything . It doesn ' t , it pays for it with our money . Councilman Liguori asked , how many in the room have a pressure regulator? Town Board Minutes 26 September 9 , 1991 David Auble was the only person who replied that he had just had one installed because the pressure change on South Hill was causing leaks . The bill was around $ 150 installed . Town Engineer Walker added that all new installations were required to have pressure regulators , any new construction . Councilman Klein questioned page 22 on the penalty for failure to read the water meter , he asked if the Intermunicipal Agreement provides further details of these charges ? We had quite a bit of discussion on that , would we still have control ? He thought Bolton Point was coming back with an alternative . Supervisor Raffensperger replied yes . We discussed an alternative at the noon meeting today which would have a service charge which was reflective of the actual cost of reading the meter which was what this Board asked for . That will probably be coming to you in a couple of months . Councilman Klein replied , so that is the provision to allow something like that but we would have control over the agreement . Supervisor Raffensperger replied , yes . Councilwoman Leary remarked that this was a very bad time to impose another cost on families and it kind of goes against the grain just that Bolton Point is covering its behind , legally , by requiring this . Supervisor Raffensperger replied that again she felt it was very important to make it very clear who ' s behind is being covered . Whether or not you agree with that is something else , but it is true that -the Commission has no liabilities , the Town of Ithaca has the liabilities for our system . Councilman Niklas remarked , and don ' t forget we pay for those liabilities with taxpayers dollars . Councilwoman Leary replied taxpayers dollars or not , one way or the other people are going to pay for it . Is it better to spread it out over the whole town or just have . . . . . Councilman Niklas remarked that it was his understanding too that we are not talking about covering the Town ' s derriere it is good practice to prevent these kinds of accidents from happening . He guessed it " s a real question of , you have insurance policy because you know there are possibilities of accidents . He thought what he was understanding from our Town Engineer was that this is a $ 150 insurance policy so that when you are on vacation and Bolton Point increases the pressure that the gaskets in your house don ' t rupture and you don i t cone home to a flood . Councilman Liguori replied that he had a pressure reducing valve on his system for years , which is not compressable . If those valves leak two drops of water by those valves , the pressure on each side suddenly becomes exactly the same because there is no pressure tank to cushion it . He stated that he had found that they were absolutely useless . Councilman Klein remarked that from an engineering aspect are we talking about something that ' s useless or something that is reasonable ? if there is a $ 150 cost but it is a useless gadget , that kind of . . . . . . . Councilman Niklas asked , are we criticizing the pressure gauges or the engineer ' s rational for having them? III IIIIIIII MEMO ISO 11 11,111 Will ar� IW IY®YYI IIIIYIIYf7Y11 �I YTY��ICIYY�IIYI�III1�Y11® Town Board Minutes 27 September 9 , 1991 Councilman Liguori remarked that it shouldn ' t be dealt on too long and as :far as he was concerned , let ' s just forget it . But , it shows how we decide to make the public spend money for no good reason . It ' s been the law for the last ten years . Several of the Councilpersons replied that it was not the law before it was only recommended . Supervisor Raffensperger replied , the wording changes from recommended to required . The Supervisor went on to say that if the Board would consider passing these Rules and Regulations so that the great bulk of them might go into effect for all the municipalities she would be glad to go back to the Commission and discuss with them the Boards concerns about this particular part of it . And , ask if they would like to consider an amendment to these Rules and Regulations having to do with the pressure reducing valves . She stated that she was a little bit concerned about turning down the whole package which has actually been in the works for at least nine months , but she would be very glad to take that concern back to them . Councilman Niklas asked , even if it is passed you would still go back and discuss it with them? Supervisor Raffensperger replied yes , that she would go back and discuss with them the Boards ' concerns and ask them if they would like to consider going back to " recommending " the installation . Councilman Niklas stated that he had a legal question . He asked if the Commission agreed to do that would the Board need to hold another public hearing? Town Atto3:ney Barney replied yes . Councilman Niklas wondered if the alternative would be not to vote tonight and to get their reaction so that it would not have to be amended . Councilman Klein replied that he thought Supervisor Raffensperger ' s point was that there are a lot of other changes that need to be enacted . RESOLUTION N0 . 209 Motion by Councilman Niklas ; seconded by Supervisor Raffensperger , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the revisions to the Rules and Regulations of the Southern Cayuga Lake Intermunicipal Water Commission . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Nay Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye (Councilman Liguori stated that he voted yes because he only wanted to see the one little change . Councilwoman Leary stated that she voted yes but she doubted that once the Board passes it they will Town Board Minutes 1 28 September 9 , 1991 change it: . Councilman Klein stated that he voted yes but obviously on the b<<sis of their caning back with some reconsideration ) PUBLIC FLARING TO CONSIDER ESTABLISHING BUPLEIGH DRIVE LIGHTING DISTRICT Proof of posting and publication of a notice of a public hearing to consider establishing Burleigh Drive Lighting District having been presented. by the Town Clerk , the Supervisor opened the public hearing . Supervisor Raffensperger noted that the Town had received a petition from the residents of Burleigh Drive sometime ago , asking the Town to look into establishing a lighting district for that area . Because the petition that came in did not meet the legal requirements of a petition , instead of requiring the residents to circulate a different petition , the Town took a different legal procedure to bring about the establishment of a lighting district . Because of opposition from some of the neighbors , the Board in August asked the Town Engineer to go back to NYSEG and see whether or not there could be a redesign of the lighting . Town Engineer Dan Walker stated that he had spoken to NYSEG and they would not recommend any modification to the design for lighting -the street . They have special shields that they can put on the individual lights . David Heath , 111 Burleigh Drive stated that he was infavor of the lights . He was infavor because there have been a lot of burglaries in the neighborhood and he felt the lighting would discourage this . He stated that he did go out for walks occasionally and it was dark on Burleich Drive , when it is dark . William Collins , 109 Burleigh Drive stated that he would like to speak agaM' st the lighting district . He stated that he liked to exercise too , but he liked to walk around in the dark . What he meant was that he liked to look at the moon and he liked to look at the stars and he did not particularly like to look at street lights . Ike stated that his real concern was that he did have children and their bedrooms were on that side of the house and he was concerned about the light shining and keeping the awake . He felt that if the light could be shielded and keep the light out of the windows that would lessen his concerns . He went on to say that in general he was not convinced that there was a need for the lights . Betsey Nicholson , 138 Burleigh Drive stated that she bought the home a year ago and she had bought the home because the neighborhood felt safe . She stated that her home was broken into in December , she came home at nine o ' clock and someone had damaged the back door and she was faced with all the repercussions of having a break in . She stated that she would very much welcome having three or four street lights shining in all her bedroom windows . She was definitely for the lighting district and would make her feel more secure this winter . Peter Dael.s , 147 Burleigh Drive stated that he was one of the people who did not sign the petition because he had just moved there but he would like to support the idea of putting lights there because they were very surprised as to how dark it was at night . There are wooded areas and for older people or people who like to walk in the evening it would be more convenient and safe to have lights . Town Board Minutes 29 September 9 , 1991 Lois Stout , 115 Burleigh Drive stated that she was here at the first public hearing and she was one of the three who were opposed to it . Pier neighbors who were strongly opposed are not here this evening . In the particular area where they are she did not see any particular need for lighting . She went on to say that they had the lights we have the light across and if they have a light at each intersection which they have and they put a light at Uptown Road , which is a necessity that would be enough . She stated that she was opposite the church which had ample lighting and they have some lights themselves . This is being imposed on everybody . As no one else wished to be heard , the Supervisor closed the public hearing . Councilman Klein asked if the Town or NYSEG would be determining where the shields would be placed? Town Engineer Walker replied that he felt the NYSEG engineer should meet with the people who had the concerns and put shields on those fixtures . As they are installing the lights they would have to install the shields . We could schedule this with the NYSEG engineer . Councilwoman Leary asked how would going from an unlit area to a brightly lit area or a moderately lit area , how would that be more dangerous for traffic than having either unlit or bright . Supervisor Raffensperger replied that from what she understood , ones eyes do not adjust to this and so your ability to see as you go from bright to dark your eyes don ' t change so fast . RESOLUTION' N0 . 210 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLUTION ESTABLISHING BURLEIGH DRIVE LIGHTING DISTRICT AFTER PUBLIC HEARING WHEREAS , on June 10 , 1991 , the Town Board of the Town of Ithaca , duly adopted a resolution directing the Town Engineer of the Town of Ithaca to supervise the preparation of 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 , after the Town Engineer duly filed said map , plan and report in the Office of the Town Clerk of the Town of Ithaca , the Town Board did , on July 8 , 1991 , duly adopted an order reciting a description of the boundaries of the proposed district , the maximum amount proposed to be expended for the improvement , the proposed method of financing to be employed , the fact that a plan , map and report describing the same are on file in the Town Clerk ' s Office for public inspection , and specifying that the Town Board shall meet at the Town Hall , 126 East Seneca Street , Ithaca , New York , on the 12th day of August , 1991 , for the purpose of conducting a public hearing on such proposal , to establish the lighting district and to hear all persons interested in the subject thereof concerning the same , and WHEREAS , as order specifying the time and place of an adjourned public hearing was duly adopted on August 12 , 1991 specifying September 9 , 1991 as the date for such adjourned hearing ; and Town Board Minutes 30 September 9 , 1991 WHEREAS , copies of said Orders were duly published and posted according to law , and said Town Board did , at the time and places specified in said Order , duly meet and consider such proposal and heard all persons interested in the subject thereof , who appeared at such time and place , concerning the same ; and WHEREAS , the evidence offered at such time and place requires that the Town Board make the determinations hereinafter made ; NOW THERF,FORE BE IT RESOLVED , by the Town Board of the Town of Ithaca , in the County of Tompkins , that it be and hereby is determined as follows : 1 . The notice of hearing was published and posted as required by law and is otherwise sufficient . 2 . That all of the property and property owners , within the proposed Lighting District are benefited thereby . 3 . That all of the property and property owners benefited are included within the proposed Lighting District , 4 . It is in the public interest to establish the proposed Lighting District as hereinafter described . AND BE IT FURTHER RESOLVED , that the Town Board does hereby approve the establishment of a Lighting District as hereinafter described to be known as the Burleigh Drive Lighting District , the boundaries of said District to be as follows . Commencing at the intersection of the center line of Burleigh Drive with the Easterly boundary line of the Village of Cayuga Heights , which point is just north of the northwest corner of Town of Ithaca tax parcel No . 72- 1- 1 . 99 ; running thence south along the Cayuga Heights boundary line and in part along the west line of tax parcel 72- 1- 1 . 199 to a point 200 feet south of the center line of Burleigh Drive ; running thence easterly , northeasterly , and northerly on a line parallel to the center line of Burleigh Drive and 200 feet distant therefrom to the north line of the Town of Ithaca , running thence westerly along the north line of the Town of Ithaca and the north line of tax parcel 72-1-1 . 185 200 feet to the center line of Burleigh Drive ; continuing thence westerly along the north line of the Town of Ithaca 200 feet to a point ; running thence southerly southwesterly and westerly on a line parallel with the center line of Burleigh Drive and 200 feet distant therefrom to the center line of the westerly portion of the loop road known as Lexington Drive , which point is westerly from premises reputedly owned by the Church of Latter Day Saints being Town of Ithaca tax parcel 72-1- 1 . 170 ; thence southerly along the center line of Lexington Drive 200 feet to the center line of Burleigh Drive ; thence westerly along the center line of Burleigh Drive a distance of approximately 60 feet to the east line of the Village of Cayuga Heights and the point or place of beginning . AND BE IT ]?UKPHER RESOLVED , that the following improvements in said District be constructed . Seven lunbiaries 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 , to the Town of Ithaca , AND BE IT FURTHER RESOLVED , that the proposed improvements , including costs of rights of way , construction costs , legal fees and other expenses shall be financed as follows . Town Board Minutes 31 September 9 , 1991 Each of the homeowners in said Burleigh Drive Lighting District shall be assessed a proportionate share of the annual cost of operating and maintaining said lighting system , the Town Board determining that each lot owner is benefited substantially in proportion to the frontage of each lot owner on the road and therefore until otherwise determined by the Town Board , the cost of the installation , operation , and maintenance of said lighting facilities is to be borne by each lot owner in the Burleigh Lighting District in proportion to the amount of road frontage each lot owner has on Burleigh Drive ; AND BE IT FURTHER RESOLVED , that this resolution is subject to a permissive referendum in the manner provided in Article Seven of the Town Law in Subdivision 3 of Section 209-e of the Town Law; AND BE IT FURTHER RESOLVED , that within ten days of the adoption of this resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the resolution and contain an abstract of such act or resolution concisely stating the purpose and effect thereof , such posting and publication to occur in the same manner as provided for notice of a special election , said notice to also specify that such resolution was adopted subject to a permissive referendum ; AND BE IT FURTHER RESOLVED , that the Town Supervisor , the Town Clerk , and the Town Attorney are hereby authorized and directed to take such steps and - to prepare and file such documents as may be necessary to effectuate the intention of this resolution . The Supervisor called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye The Resolui=ion was declared duly adopted . PERSONS TO BE HEARD David Auble , 380 Coddington Road stated that he wanted to ask about a regulation that he just came across in the Town office . He went on to say that perhaps he was misinformed but he thought that there was an understanding that Local Law # 1 - 1991 , regarding the amortization of non-conforming uses would be on the agenda tonight but he did not see it . Supervisor Raffensperger replied that it was one of the items added to the agenda , to set the date for a public hearing . Mr . Auble asked if there would be any discussion or explanation of that regulation? It was determined that the agenda item Mr . Auble was talking about what not an issue on amortization . Krys Cail , President of the West Hill Neighborhood Association stated that. they had a meeting about three weeks ago . We have been closely following the public works project up on Route 96 and there has been scu a differences of opinion about how the project is being Town Boar3 Minutes 32 September 9 , 1991 carried out We had a small group of people , since it was in the summer , that came to our executive committee meeting to discuss it and she had had scene contact with other people who are impacted along the area that has been dug up , up through there . There is definitely scene differences of opinion , there are some people who are more concerned and there are some people who less concerned . Before she starts listing things that people have cane to her about being problems , she wanted to thank the people who have been up there and looked around and putting all that effort and energy into it becausE! it ' s a lot of work being a public official . She went on to say that there are some concerns about the level of accountability of the contractor and people felt that before there was a final payment and she did not know at this point if they were too late with that , but before there was a final payment that we read into the record some of the things that people have been concerned about , were . She felt it was very important to take note that this was a list that came up in their meeting and that these things have not been collaborated . Obviously the people who are noticing them are not professional engineers and this is how it looks to the lay person , she felt . Ms . Cail went on to say that some of these issues have already been brought to the Board ' s attention . Basically she stated that she had a list of things that people had concerns about , one that the Board has heard a lot about was the topsoil and whether the same topsoil that went out was the topsoil that came back . The other was whether footer drains that were replaced ended up above or below the frost line . Whether the slopes were maintained and about how . Whether hay or straw was used to cover the mulch and how good the grass seed was and how much of the grass seed was spread and what the damage to property either trees or pavement . There is also some concern about a manhole that sits up high . The whole point of this was just to let you know that people were concerned about this so it was clear that the Board knew about it , if in fact there should be some problems caning across later on down the line if somebody ' s basement floods or whatever . We suggested that some possible things to look at might be asking Town Council about what legal recourse there was , and she did not know at what point , if there hasn ' t been a final payment may be that can be dealt with before the final payment or if something canes up later what could happen . Then , some question about if there should be sane problems , at what point should it be caught by which Town employee . In particular , consideration of whether low bidder or not , this particular company is or is not sanebody to hire again . Supervisor Raffensperger remarked that earlier in the meeting this had been discussed and that residents would be given a kind of sign or check off sheet . Also , she stated that she had asked the people here earlier to be a little patient to see if the grass was going to grow . The contractor will be required to meet the terms of his contract . Supervisor Raffensperger noted that she had sent Mr . Schafrik a letter today , addressing his concerns . Lee Schafz•ik , 1491 Trumansburg Road stated that just for the record , at this point , he was not happy . For the public record he brought a sample of the original soil and what is now there in place and you can see where grass seed was spread , where it has cane up and where there is not grass seed and there never will be because there is no seed there . It ' s a continuation . SET DATE FOR PUBLIC HEARING TO CONSIDER ETHICS LEGISLATION Town Board Minutes 33 September 9 , 1991 Supervisor Raffensperger noted that the Town Attorney and Councilwoman Valentino have been working on this and this version reflects the input of the Board at the last discussion we had . Town Attorney Barney remarked that the changes fran the last draft , except titles , are marked . He also tried to mark , by bold type , the deletions . Supervisor Raffensperger remarked that she wondered , at this point , if the Board wouldn ' t benefit by more time to review this and she would also like to see copies of it sent to Town employees since they are , in some cases , covered by the legislation and ask them to make ccmrKmts to the Board . She went on to say that she hesitated to set a public hearing for a document that we really haven ' t had more of an opportunity to review . The Board could set the public hearing date in October . The Board felt this was reasonable . CONTINUED DISCUSSION OF SEWER EXTENTION REQUESTS ON WEST HILL Supervisor Raffensperger remarked that it was her understanding that the Board received a report fran the Town Engineer in August when several of the Board members were on vacation . Town Engineer Dan Walker reviewed the map , showing the proposed area , with the Town Board . He noted that currently Woolf Lane was served by :public sewers , public sewers on Dubois Road and a portion of Orchard! Hill . There was also an extension of the sewer from Bundy Road back to the new fire station . There is a stretch between the fire station and Woolf Lane , along Route 96 , that does not currently have sewer service . There are several residents who have asked us to look into the possibility of extending the sewer . There is an approved subdivision in this area . The best way to provide service to the bulk of Route 96 would be through the back lots because of the topography . A rough estimate would be 11 , 000 feet at a cost of approximately $40 . 00 per foot , that runs around $ 430 , 000 , more like a half a million dollars with design costs . Supervisor Raffensperger noted that in the past when the Town has talked about extensions that for the big pieces of land it was the intention -that whoever developed them would have to participate in the cost of the sewer . You have a very different question when you have Town residents who have lived there for saw time and presently have problems . She stated that she would be interested in having the Town Engineer develop a more modest proposal which would acccrmiodate the requests that we have on Route 96 . She asked if this would present a problem for the Engineering Department ? Town Engineer Walker replied no but that he would like two months , if that was okay with the Board . Councilman Whitcomb remarked that he would like to see any extensions tied into the canprehensive plan as when water and sewer is extended , so is development . Supervisor Raffensperger replied that she felt this was true for big development , if on the other hand we can service existing residents who ' s septic systems are failing she felt this should be accannodated . REPORT OF FIRE CHIEF Fire Chief Edward Olmstead stated that he talked to Supervisor Raffensperger about attending a Board meeting every few months . He went on to say that the big subject was the budget . We start Town Board Minutes 34 September 9 , 1991 working on the City budget process in May or June and is submitted to the Board of Fire Commissioners , in draft form, by the first part of July . Then the Board takes action on it at their August meeting . It then goes to the Mayor who then takes that document and does whatever he wants to with it . Then he submits that budget to Common Council . What ever has happened before that point , it doesn ' t matter in terms of what Common Council does . They take the Mayor ' s budget and then they start from there , about the third week of October . If we don ' t agree with something the Mayor has done then we can approach Common Council . The Fire Chief went on to say that this year his department was asked to :Dubnit three budgets . A zero percent increase budget , a minus 3 % and a minus 6% . You have to add a negative 6% to all those numbers because the trick with the zero percent budget must include all the contractually negotiated increases . 85 % of our budget is salaries . If you take a look at a zero percent budget it ' s close: to a 6% decrease . He went on to say that the Board was given a proposed budget from him which froze the operating accounts , the equipment lines and the contractual lines for the second year in a row . If you go back to 1989 , even though the amount was greater than 188 , we were bringing the bunker program on line and we added the retirement program for volunteers . What did infact happen in 1991 is that the " 200 " and 11400 " lines were identical in total amount to the year before and we are proposing that again and we are having some difficulties . We brought two new stations on line and we brought the bunkers back into the system . Even though we have been able to bring some other accounts down , adding the square footage of all of the energy costs and some of the things we can ' t control , we are having a tough year this year . Training is being cut , volunteer incentives are being cut and we are back to 1985 when we said let ' s not do it , let ' s put it off for another year . The full budget proposed by the Board of Fire Camlissioners is no increase in " 200 " and " 400 " and all positions filled thilt are currently in place , no new positions . That translates into a 5-3 / 4 % increase in the budget . Zero percent is achieved by not filling existing vacancies , we have two vacancies which are currently not filled , we have two announced retirements , which means those positions remaining empty which means we go back to 1989 . In 1989 it was determined that we needed to add twelve new positions over the next two budgets . We had four , we will have those four taken away . We have funding for four retirements , the zero percent budget eliminates those and the bad part about that is that if somebody decides to retire beyond these two then we have additional liabilities that we will have to pay , we don ' t have any choice . The length of service awards program for the volunteers is not funded in the budget , it is not yet in place . The Conference of Mayor ' s is suing the State of New York over this legislation , it looks like nothing will happen until next year . The Municipal Training Officer who has left is filled in that zero percent budget . The Vacancy Committee has denied us permission to fill that position . Anything beyond what we have done in this budget will require layoffs . Chief Olmstead went on to say that he did not know where it was going to go . The Board ' s perspective on this was simply that we have enter(nd into an agreement of faith for several years between the City , Town and the Board of Fire Commissioners . Anything we do to not continue with that agreement is going to impact , the first thing being employee benefits because as you reduce the number of people you have working that means sam of the elective time off types of things are simply not going to be filled . There is a long term issue out there that if reductions were to continue , if we were to continue to not fill retirements and he was looking beyond the 1992 budget , there canes a time when service becomes a factor . Town Board Minutes 35 September 9 , 1991 We will do everything we can to avoid that . Any cuts that we are proposing are simply operational cuts that try to save money . Councilman Whitcomb asked when the existing salary contract expired? Chief Olmstead replied , the end of 1992 . The negotiations for the new contract will start about June of 1992 . Supervisor Raffensperger remarked that the avenue that the Town had contracting with the City , as she understood it , for services is through the Board of Fire Commissioners because we have representatives on it . She thought that as the material just came in today and the Board has not had a change to look at it , she suggested that the Town contact the Board of Fire Commissioners and each individually had contact with members of Common Council and she felt it would be good , if the Town Board members had comments to pass them on . The Town ' s costs for 1992 are not affected by this budget because we are on a lag , contractually , but what happens in this budget helps to determine the service we get and sooner or later we will bear the impacts of the current years budget . Chief Olmstead noted that the contract contains a 10% window and he felt they were within that window . He asked the Board members to contact him if they had any questions . The Fire Chief noted that the final outcome on the fire insurance rates for the area should be resolved soon as the people doing the survey are coming back in October to finish their evaluation . FAX MACHINE Town Engineer Walker stated that the Building Department has had a lot of requests fran people to send them information over Fax , the Engineering Department could utilize a Fax for receiving UFPO requests and things like that , the Planning Department could use a Fax in conjunction with the comprehensive plan . He stated that he had done some research into this and a plain paper Fax is the type of device we would feel most comfortable with , it would be most cost effective because of the type of problems you run into with thermo paper . Xerox has a nice plain paper unit with the features we would :need as far as automatic receiving capabilities . The purchase price on that is $ 1 , 700 . There is a 36 month lease option for $ 73 . 00 a month . The thermo paper version of that machine is about $ 1 , 000 . Councilwoman Leary asked the Town Engineer where he was getting his prices from? Town Engineer Walker replied , this is directly from Xerox . It is a State bid price . He went on to note that there were machines available for $ 500 . Councilwomen Leary replied yes and perfectly adequate , perfectly adequate . Town Engineer Walker replied that he did not know if they were adequate for the amount of use they were talking about . Town Planner Floyd Forman remarked that when the crunch comes in the next two months he would like to be able to communicate with Ron Brand on an instant basis so that we can move material back and forth . He guessed that at times they would be sending back and forth forty pages , somewhere between 20 and 40 pages at a time , not Town Board Minutes 36 September 9 , 1991 literally every day kind of thing but he hoped on a once a week basis . Councilwoman Leary replied that ' s fine but are they going to be over size pages or something? Assistant Planner George Frantz remarked that he thought the Fax machines on the lower price scale used the thermo paper which is really not adequate for maps and graphics . Councilwoman Leary replied , even a thermo paper machine costs $ 1 , 000 , according to the Town Engineer , Mr . Walker replied , for a commercial quality machine . Bolton Point has a Fax machine that they got a year ago , and that was $ 1 , 000 . Councilman Niklas remarked that if we were talking about a certain period of time where a Fax would be desirable then we are not really talking purchase , aren ' t we really discussing leasing? Town Planner Forman replied that it seemed to him when the three of them sat down to discuss it we principally discussed leasing and leasing sE.emed to make the most sense given the way we could split up the coat and given the fact that we could get a service contract in with the leasing at the time and if we wanted the machine at the end of of three years there was a minimal charge for the machine . Councilman. Niklas asked what the lease rates were ? Town Engineer Walker replied that the lease rates for the plain paper machine were $ 73 . 00 a month for 36 month lease . It ' s about $2 , 600 in total . If you buy the service contract with the purchase it ' s $270 a year , the $ 73 . 00 a month includes the service contract . Councilman Klein asked if the plain paper Fax ' s prone to breakdown like the copiers ? Town Attorney Barney replied that the plain paper machine was relatively new but their experience with both machines was that they very .rarely breakdown . Councilman Niklas remarked that he had a question , other than cost , he asked how much of the desire to have a Fax machine is driven by external pressure ? People asking you to supply information in a short time . He stated that he very much resented having to jump to meet someone elses schedule . Just because they have a Fax and needed the material yesterday that he had to do that . He stated that he was pressured to do that and he just insisted sending it through the mail . Town Planner Forman replied that he did not expect that to have any kind of an impact on him . He stated that he didn ' t want anything but conprehensive planning information . He expected developTent reviews to be mailed in or brought in personally . This is only when he needed something that will benefit the Town that he planned to use the Fax . He felt that the Building Inspector and Town Engineer could speak for themselves . Councilman Whitcomb asked if Mr . Forman was using a Fax machine now . Mr . Forman replied that he felt uncomfortable using it with what Race Office Equipment charged . He stated that the Town Attorney had been good about letting them use his Fax but he didn ' t feel comfortable overloading his system . But , he would like to Town Board Minutes 37 September 9 , 1991 communicate quicker with the Consultant rather than sending things through the mail . Councilwoman Valentino asked about overnight mail ? Mr . Forman replied that with overnight mail you are probably talking about $ 10 . 00 a throw for whatever you do with overnight mail . Councilwoman Leary remarked that really she felt that the most practical ,, inexpensive way to go was to get a Fax machine but don ' t get plain paper , that ' s just extravagant . For the amount of faxing you are talking about she still has a hard time justifying anything beyond a nice basic $ 500- machine . With our budget situation the way it is , you will still get the efficiency , you won ' t get all kinds of bells and whistles , but the capacity you are talking about she felt a $500 machine is perfectly fine . Mr . Forman replied that bells and whistles he did not want but again things that he has heard is that plain paper works better , it ' s easier to preserve things , afterwords you don ' t have to make copies , your graphics come out. better when you are dealing with maps that are going back and forth . Councilwoman Leary replied yes , you have to make a copy but she did not think it justified $ 2 , 500 versus $500 . Councilman. Whitcanb asked , if after Ron Brand is released will we be using the Fax machine any more ? The Town Planner replied that he would be using it a lot less . He went on to say , but understand that ' s one department you also have Engineering and the Building Department , Councilman Niklas remarked that until we really see the figures worked up , leased versus owned , contracts , the variety of machines that are available and what they provide , what can we say other than give us same options and let ' s see how econcan_ically reasonable it is . Town Planner Forman replied that part of his problem was that he needed it :yesterday . If we study this for three months he would be less likely to need it at this point than he does at this point . Town Engineer Walker remarked that this was a firm proposal from Xerox through the State contract . The only other charge that we don ' t know about is a dedicated phone line . He felt that if the Town went with the lease it should be in the $ 100 range per month . Supervisor Raffensperger asked , if the Town were to lease a machine would it have to keep it for three years or could it lease it for one year? Linda Nobles replied that normally if leased the rate goes up quite a bit if you lease for a shorter period of time because they are trying to get their money back . Supervisor Raffensperger remarked that she thought it was the consensus of the Board that it was not a waste of time to further develop the cost including the phone line . Councilwoman Leary remarked that the phone line is not that expensive and it is going to be the same charge whatever machine you get . The point she wanted to make was that you can pick up the phone the Reliable Catalog and get it in two days . You can get a $ 500 machine . It ' s not like a copy machine , like you need a huge Town Board Minutes 38 September 9 , 1991 monster for a big volume . A very basic model is adequate , it ' s not going to breakdown . May be it ' s not 1000 , you still have to make copies but you will still have the speed and it won ' t break our budget . You can get it soon and you won ' t have to go out to bid or go to the State . Councilman Whitcomb remarked , you have a certain amount of money in your budgets for equipment , do you have enough money in your budget currently? The Town Planner replied , we are talking about splitting whatever we do . Supervisor Raffensperger replied , yes they do as she had looked . Even with the enormous cuts we made mid-year they still do have the money individually . The Building Department , Planning and Engineering . She stated that she had cane to realize that it is not unrea:3onable to authorize either the leasing or purchase of a Fax machine . Councilwoman Leary asked the Engineer if he had even looked at the inexpensive machines ? Town Engineer Walker replied that he had looked at them . Councilwoman Leary replied , how did you look at them? Town Engineer Walker replied that he went to a couple of different outlets . Chemung Electonics has one for $ 500 but he was not impressed by the durability of the machine . Also , he had been in an office where Fax machines were used a lot . He stated that he had had a lot of trouble reading faxes from thermo papers and jams in the machines , even more expensive thermo paper machines , and this thincr will operate unattended . It will have to be reliable enough to operate unattended . Councilwoman Leary replied that she did not know what they sold at Chemung Electronics but the one she was thinking about could operate unattended , you can set it on a fine setting so that you get clear :results and it ' s $ 500 and may be less now . RESOLUTION NO . 211 Motion by Supervisor Raffensperger , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize -the three year leasing of a Xerox Fax machine and also to expend the funds to provide the telephone line and equipment necessary to install the machine . ( Raffensperger , Whitcomb , Klein , Liguori , Valentino and Niklas voting Aye . Nays - Leary) . DISCUSSION OF POLICY ON REZONING REVERSIONS Councilman Niklas stated that at the last meeting he had expressed the desire that at some point the Town should consider looking at our outstanding projects that essentially required or for which rezoning was requested , that have stood dormant for a reasonably long period of time and to decide whether or not we should zone them back to the original zones that they had . He knew that the Town would be doing a lot of rezoning in terms of the comprehensive planning once that document gets to the Town Board . On the other hand , we have a lot ticking time bombs out there right now . Town Board Minutes 39 September 9 , 1991 Supervisor Raffensperger remarked that for years and years she had felt that the Board ought to look at the ones that were zone site specific . Councilman Niklas replied that the real question now is whether or not we , staff , Town Board members , COC or whatever , should take a look at these things and make proposals to the Town Board to simply rezone them. back . Councilman Klein asked if the Board could have a list of these ? Supervisor Raffensperger replied that she felt the Board should ask the Town :staff to try to come up with a list . She did not know how many there were or how big the problem was . Assistant Planner Frantz asked how far the Board wanted to go back . Councilman Niklas replied , don ' t you think the really old ones are the most dangerous ? The Board felt the list should go back to the beginning . He felt that the time it took the Staff to come up with a list would take less time than drafting legislation to provide a sunset clause because of public hearing , etc . CONSIDER AMENDING RESOLUTION CLARIFYING INTENT OF ENABLING LEGISLATICN , CAC , REGARDING ENVIRONMENTAL REVIEW Councilman Whitcomb noted that last month the Board had a multiple choice resolution and the Board , all that was here , indicated the choices that they would like to have . After the meeting he stated that he had a discussion with the Town Planner and the Assistant Planner and he had incorporated the Town Board ' s recommendation into the resolution and in addition George and Floyd were more specific on the things the CAC and the ERC should consider . This defines the major projects . Councilman Liguori asked if the CAC does an assessment or do they accept the assessment that was released by staff or the Planning Board or whatever? Councilman Whitcomb replied that it was done both ways . They have had the staff ' s report to look at as they have done their own assessment . The way it was originally set up and what the Town Board was looking for at the time , was to have CAC do a concurrent review using the same materials that are available to staff . The CAC would :Look at it from another standpoint . Councilman Liguori replied that this was what he could never understand . How come the standpoint is different whether staff looks at it or CAC looks at it . Town Planner Forman replied that hopefully they would come to the similar re:3ults . Councilman Whitcomb replied that staff is looking at it from a planning standpoint the Environmental Review Committee is looking at it from the standpoint of SEAR process . Town Planner Forman disagreed stating that staff is looking at it from SEAR as well and in some instances from a planning standpoint and in some instances from an environmental review standpoint , as well . We are just as concerned about preserving and protecting wetlands , Town Board Minutes 40 September 9 , 1991 Councilman Niklas remarked , it ' s also fair to say that when you have a large project you are pressured for time , having another committee like CAC is of scene assistance . Town Planner Forman replied , it can be . It is and it isn ' t . If we are going to ship them the information and they are going to do the review and they have the technical expertise , yes it can be very helpful to the Planning Board . The problem was the way it had been going on in the past was it was simply a drain on staff time . It was simply taking a look at what staff had done and being critical of it . Concurrent review can be helpful if we simply ship them the information that we have and let them take a look concurrently . Councilman Niklas asked the Town Planner if he approved of this resolution , is this with staff consent ? Is this with advise and consent? Town Planner Forman replied that this was certainly with advise . Let ' s give it a chance and see if it works . Councilmut Whitcomb remarked that there was scmle confusion on the part of the Environmental Review Committee on what projects they should be reviewing . One of the of ERC members stated that they thought they were supposed to review them all . They would not take the initiative on their own to decide which projects were important and which were no . So this is an attempt to define what are important projects and what are not . Councilman Niklas stated that he would like to vote to approve this with the understanding that this is a working arrangement and that we give it a chance to see how it works . And , if it doesn ' t work either from staff ' s point of view , from CAC ' s point of view or from the Town Supervisor ' s point of view that the Town Board be informed so that we could reconsider this resolution . RESOLUTION NO . 212 Motion by Councilman Niklas , seconded by Councilman Klein , WfE;REAS , the Town of Ithaca Town Board created the Conservation Advisory Council (CAC ) by resolution on February 12 , 1990 , and WHEREAS , the CAC was directed to "Review development applications and make recommendations to Town boards . . . . " , and WHEREAS , the CAC created an Environmental Review Committee (ERC ) to perform this duty , and WHEREAS , the ERC has been reviewing most projects that have come before the Town , large and small , and WHEREAS , the value of such review in relation to the amount of time spent has come into question , and WHEREAS , the CAC has requested clarification from the Town Board as to its intent , NOW THEREFORE BE IT RESOLVED , that the Town Board ' s intent is that the CAC assist the Town Board , the Planning Board and the Zoning Board in environmental review of major projects or on projects as requested by the Town Planner or Chair of the appropriate Board . Such projects should include proposals for site plans , subdivisions or special approvals on properties that are : =,ubject to Type I Actions , Town Board Minutes 41 September 9 , 1991 within or contiguous to Critical Environmental Areas or Unique Natural Areas , identified as having a high priority for protection or preservation by the Open Space Index , within or contiguous to Environmental Protection Overlay Districts (EPOD ' s ) (The CAC , at it ' s option , with concurrence of the Town Planner , may also decline to perform a review on a specific project . ) , and RESOLVED , that adequate staff time be allocated to the CAC to assist with environmental review . Such time will be determined by the Town Planner within the priorities set by the Town Board , and BE IT ALSO RESOLVED , that as soon as practicable after development applications are received by the Planning Department the CAC be provided with all appropriate documents or written materials from the applicant related to such review . The CAC is also requested to complete the review at least 7 days before a project is to be considered by a Board so that CAC recommendations can be included in the Board ' s mailing . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) , WATER/ SEWER ACCOUNT REFUNDS RESOLUTION NO . 213 Motion by Councilman Niklas , seconded by Councilman Liguori , ( 1 ) WHEREAS , the water account at 344 Saranac Way has been over estimated for eight quarters , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $43 . 93 for water , $3 . 29 water surcharge , $ . 68 sewer surcharge and $ 5 . 25 water penalty , total refund of $ 53 . 05 be paid to Deer Run Investors , 90 Whitetail Drive , Ithaca , New York . Account Number V-4274 . ( 2 ) WHEREAS , -the water account at 336 Saranac Way has been over estimated since September 1989 , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 35 . 36 for water , $ 11 . 79 water surcharge , $5 . 89 sewer surcharge , total refund of $ 53 . 04 be paid to Deer Run Investors , 90 Whitetail Drive , Ithaca , New York . Account Number V-4303 . ( 3 ) WHEREAS , the water account at 310 Salem Drive has been over estimated for four quarters , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 69 . 28 for water , $ 10 . 23 water surcharge , $ 81 . 49 sewer and $ 4 . 84 sewer surcharge , total refund in the amount of $ 165 . 84 be paid to Peter Ruthbart , 310 Salem Drive , Ithaca , New York , Account Number U-3071 . Town Board Minutes 42 September 9 , 1991 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ROOF AND LIGHTING REPAIRS FOR HIGHWAY FACILITY Highway Superintendent Scott Mc Connell stated that the roof leaked and the lighting needs to be improved . He went on to say that they have had different inspectors come in and they all felt that the maintenance area and shop garage is extremely underlit . The proposal from Marion Electric will almost double the lighting in the area . It will also cut down on the number of fixtures and it would also cut down on the monthly bill . When it rains , Rich Schoch ' s area and office leaks in six or seven places and he needs to keep buckets around the areas . Also , there are areas in the maintenance area and the garage that leak . The building is fifteen years old and has had zero maintenance on the roof . The total cost of the roof repairs is $ 4 , 642 listed under the alternate proposal from Robert Hall Enterprises . RESOLUTION NO . 214 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Robert Hall Enterprises , 1368 East Maine Road , Johnson City , New York , to repair the Highway Facility roof at a cost not to exceed $ 4 , 642 , and RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Marion Electric Company , Burtt Place , Ithaca , New York to make repairs to the lighting in the Highway Facility at a cost not to exceed $ 2 , 200 for labor and $ 4 , 700 for material , and FURTHER BE IT RESOLVED , that the award of the above repairs be conditioned upon the approval of the contract by the Town Supervisor and the Town Attorney and the provision of a certificate of adequate insurance by both contractors . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . AUGUST TOWN BOARD MINUTES RESOLUTION N0 , 215 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the August 1991 Town Board minutes as presented by the Town Clerk . ( Raffenspe_cger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . REVISION 70 DOG ENUMERATION CONTRACT RESOLUTION N0 . 216 Motion by Councilman Klein , seconded by Councilman Liguori , WHEREAS , at the April 1991 Town Board meeting , the Town Board approved the appointment of Brian Mc Kelvey as Dog Enumerator for the Town of Ithaca , and Town Board Minutes 43 September 9 , 1991 WHEREAS , Mr . Mc Kelvey has , to date , enumerated 128 dogs and found 64 dogs to be unlicensed , and WHEREAS , because of the hours spent and the numerous return trips to obtain the necessary information , Mr . Mc Kelvey felt he could not continue the enumeration at the price of $ 1 . 00 per dog , and WHEREAS , another enumeration will not be taken for at least three years , t1terefore , in the three years the Town will receive the local fee that it would not ordinarily have received on the unlicensed dogs , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that Brian Mc Kelvey be paid $ 1 . 50 per dog enumerated after the date of this resolution . Said enumeration to be completed by November 1 , 19910 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SET DATE ]?OR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW N0 . 6 , 1987 TO PERMIT AN INCREASE IN THE NUMBER OF MANUFACTURED HOMES ALLOWED IN COLLEGE VIEW PARK FROM 52 TO 65 Supervisor Raffensperger noted that some months ago the Planning Board sent: to the Town Board a recommendation to amend Local Law No . 6 to permit an increase in the number of manufactured homes permitted in College View Park . At the time the Town Board decided not to set the public hearing until after public water and sewer were available to the site . Since it will be available this fall , College View Park would like to have the Board consider this request for an increase in permitted numbers . RESOLUTION NO . 217 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on December 9 , 1991 to consider amending Local Law No . 6 , 1987 , to permit an increase in the number of manufactured homes allowed in College View Park from 52 to 65 . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . Supervisor Raffensperger noted that Item # 29 ( South Hill Trail easement arrangements ) was deleted . TEETER AND CIASCHI EASEMENT ARRANGEMENTS Town Attorney Barney noted that there were two easements out now on the Inlet Valley Water Improvements , we have negotiated final agreements on both of those . The Ciaschi easement is in the amount of $ 6 , 700 and the Teeter easement in the amount of $ 7 , 500 . The terms are slightly different in each but basically they are giving us the easements . Ciaschi wants the right to move the line , at his expense , if he develops in the future which allows him to do this as long as the location is satisfactory to the Town . RESOLUTION NO . 218 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , Town Board Minutes 44 September 9 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby approve the easement agreement between Joseph Ciaschi , Corners Community Center , Inc . , and the Town of Ithaca with the property address of Glenside .Road , and FURTHER BE IT RESOLVED , that if there are any minor changes to the easement -they can be made by the Supervisor . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RESOLUTIO14 NO . 219 Motion by Councilman Niklas ; seconded by Councilwanan Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the easermmt agreement between Howard A . Teeter , 422 Floral Avenue and the Town of Ithaca , and FURTHER BE IT RESOLVED , that if there are any minor changes to the easement they can be made by the Supervisor . ( Raffensperger , Whitccmb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TOMPKINS COUNTY PROPOSAL REGARDING CLEAN UP DAYS The Supervisor noted that the Board had a copy of a letter that she had received from Beverly Livesay , Chair of the Solid Waste and Resource Management Committee . The moral of this letter is that it is possible that Tompkins County will permit municipalities , for the first time in sane years , to conduct clean up days either this Fall or next Spring or both . Mrs . Livesay states that she is willing to work with the Town on reduced disposal fees . The Supervisor stated that she had discussed with Mrs . Livesay what she means by reduced disposal fees and she thinks perhaps she can offer to municipalities half price fees at the landfill . Councilman Whitcomb asked why the County was doing this ? Supervisor Raffensperger replied that because the landfill is going to have to be closed by next April or May . Highway Superintendent Scott McConnell went on to say that because of the recycling program there is surplus space and they would like to fill it . He went on to say that he had worked up a cost schedule based on their current charge of $65 . 00 a ton . He noted that the Highway Department had a full schedule of work planned for the fall . He noted that he had not been through a clean up before but he estimated a cost in tipping fee of $ 20 , 000 . Manhours and equipment would be additional . It could cost $ 40 , 000 to $ 50 , 0000 Supervisor Raffensperger stated that she knew it would take a lot of time but she was also aware of the fact that everybody in the Town of Ithaca has been storing everything for the last three years . We continue to get calls asking when the clean up will be . Councilman Klein asked , if we don ' t take advantage of it what opportunity will there be to get rid of this stuff? Supervisor Raffensperger replied , individuals will have to take it out themselves or have it hauled out at $ 65 . 00 a ton . Councilman Whitcomb asked what $ 50 , 000 was on the tax rate? Town Board Minutes 45 September 9 , 1991 Supervisor Raffensperger replied , it is seven and a quarter cents per thousand . Mr . Mc Connell remarked that the Town will pay the manhours , no matter what because the men will be working anyhow . We need to prioritize what needs to be done whether it ' s done this Fall or next Spring or both . He felt it was bigger than leaf and brush pickup which took eight days last year . Supervisor Raffensperger stated that she had told Mrs . Livesay that she did not see how the Town could come up with the money this Fall but Mrs . Livesay stated that she would assure the Town of the opportunity to do it this Spring . Councilwoman Leary asked if the Town could somehow charge users instead of taking it off the tax base ? Supervisor Raffensperger replied , how could you do that ? We can ' t have the Highway Department picking up ten dollar bills . Councilwoman Leary replied , something like our own version of trash tags . Assistant Planner Frantz wondered about Town residents registering and then receiving the 50 % discount when they took their items , themselves , to the landfill ? Supervisor Raffensperger replied but how are you going to get the items to the landfill? That ' s the problem right now , people don ' t have a way to get their material to the landfill . The Assistant Planner then suggested that the Town rent dumpsters and place them at the Highway Facilities . Superintendent Mc Connell replied , you aren ' t talking about just simple small junk you are talking about sofas , sofa sleepers , refrigerators , stoves , up to junk cars . Town Planner Forman suggested that a flat $5 . 00 or $ 10 . 00 fee be charged for whatever amount , just to get some money back for the Town . Supervisor Raffensperger asked the Board to think about this because she felt that if she could work out a reasonable financial system we should think about it for the Fall in case we lose the opportunity for Spring . SET DATE FOR PUBLIC HEARING TO CONSIDER SETTING A FEE FOR THE REQUIRED FIRE SAF= INSPECTIONS RESOLUTION N0 . 220 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing for 7 : 00 P . M . , on November 7 , 1991 to consider setting a fee for the required fire safety inspections . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . EXTENSION OF WATER SERVICE ON WEST HILL Town Board Minutes 46 September 9 , 1991 Town Engineer Walker reported that it is about 900 feet to bring the water to the Voorhees property on Trumansburg Road . For some reason this property has been left out of every extension and would cost between $ 25 , 000 to $30 , 000 . He went on to note that there was a segment of water line between Dubois Road and the fire hydrant that people keep hitting in front of the Town Clerk ' s house . That segment was left out on purpose when the Indian Creek Development was being proposed because they were going to pay for that segment of water main . Supervisor Raffensperger remarked that that was a considerable amount of money to provide service to only one property . The Town Engineer suggested a cost sharing agreement . Councilman Liguori remarked that the persons name was Debbie Hildreth , 1415 Trumansburg Road . She is almost out of water according to what he hears and he felt this was a good idea . The Supervisor suggested that the Town Engineer come back to the Board with some more cost estimates and sane alternatives for the Town Board to consider . FIELD IDENTIFICATION OF WETLANDS CAMP RESOLUTION N0 . 221 Motion by councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Town Planner Floyd Forman , Assistant Planner George Frantz and. Candice Cornell to attend the Field Identification of Wetlands Camp to be held in Salamanca , New York , on September 26 , 1991 at a cost of $ 95 . 00 per person plus mileage . ( Raffensperger , Whitcanb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SET DATE FDR PUBLIC HEARING TO ADOPT A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING ABANDONmFN_r OF NON-CONFORMING USES RESOLUTION N0 . 222 Motion by Councilman Niklas ; seconded by Councilman Whitcanb , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 15 P . M . , on October 3 , 1991 to consider a local law amending the Town of Ithaca Zoning Ordinance regarding abandonment of non-conforming uses . ( Raffensperger , Whitcanb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO ADOPT A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PERMITTED USES IN BUSINESS DISTRICT "I) " Supervisor Raffensperger noted that this was a proposal which comes to the Board fran the Codes & Ordinance Committee proposing that all uses in Business Districts ' A ' , ' B ' , and ' C ' be permitted in Business ' I) ' which is presently just service stations . ru1111111111111111snuurZZn1 N=EI llNn®t11MN� Town Board Minutes 47 September 9 , 1991 Councilman Niklas remarked that there were people on the committee who wanted this to come forth to the Town Board and there were a number of people who were much opposed to it including our new Town Planner . He felt this was a policy decision and it seemed best to bring it out of Codes and Ordinance and bring it before the Town Board . Before the Town Planner came on board , there was a question of the ZBA having to deal with an issue regarding the Andree Gasoline station . At that point the ZBA had to essentially interpret the law concerning what activities a gasoline station ought or should not do . The ZBA felt uncomfortable doing this and he thought that Bob Hines had drafted an opinion from the ZBA with regards to the definitions of . . . . . not definitions but what they considered to have as the modern activities of the modern gasoline station . In any event , Codes and Ordinance has toyed around with this notion and we have gotten feed back from the Town Planning Board and the ZBA . But again , there was a split decision at COC after the Town Planner got back onto the job . Really this is a policy decision whether or not the Town Board wants to consider this . He felt that the Board had as their option the setting of a public hearing or not , or telling us it ' s premature . He felt that the Town Planners argument would be that we are in the midst of a comprehensive planning document , preparing one , and it is probably premature to do this . Town Planner Forman replied that his problem was one of the things . . . . . . what he was trying to do to the Zoning Ordinance now are things that he hoped would stand for the future . He stated that he was not trying to change uses right now , for example there ' s a use allowed * . , , there is a furrier use allowed in a business zone but the likelihood of that occurring or the necessity in the Tcmn of Ithaca in his opinion was nil . But , he was trying not to do -that at this point , he was trying not to change uses . He felt the '.Coven should be changing uses again as opposed to items like requiring landscaping , we ought to be changing uses when we take a look at the comprehensive plan and see what the Town needs and how best to do it . He felt now was premature , now is not the right time to say A + B + C should equal D . He felt now was the time to leave uses as they are until we finish the comprehensive plan and then take a thorough look at uses . It may very well be that many of the uses that are allowed now won ' t be allowed in the future , if you people concur . Supervisor Raffensperger asked how the Board felt about the issue . She went on to say that she did not think it was premature the truth was she just didn ' t like it . She did not think it was appropriate to have all of those uses in Business ' D ' because Business ' D ' is usually fairly small and are carefully designed as far as safety and traffic patterns , etc . , are concerned and she did not think they were necessarily appropriate for all of the other business uses . Councilman Liguori asked what was "D " ? Supervisor Raffensperger replied , service stations . Town Attorney Barney noted that right now there are two "D " ' s in the Town of` Ithaca . One is at East Hill Plaza and the other one is opposite Sam Peters which is undeveloped at this point . The rational , and he stated that he did not usually disagree with the Supervisor , he sat through the struggle when the BZA tried to define today what is a modern gasoline sales station . There are very few gasoline sales stations today that sell only what we would call petroleum products and products related to petroleum . Then when you tzy to draw the line how far away from petroleum products you go it got to be very very awkward . In view of the relatively limited number of spaces in the Town of Ithaca where this could Town Board Minutes 48 September 9 , 1991 occur and. in view of the modern trend to have gasoline stations associated with , at a minimum , mini-marts and sometimes larger . It seemed to make sense to say that if you are going to do it * . . . . if you are going to have a gas station at all , why limit what goes on . He felt that was the rationale that underlies the formalization of this proposal . David Auble asked if the Planning Board hadn ' t voted their approval to the resolution . Town Attorney Barney replied , both the Planning Board and the ZBA . Mr . Auble: continued , saying that it seemed like hundreds and hundreds of hours went into this and the objection to it seems to be pretty . . . . . .when you consider all of the sort of cleaning up that you seem to be doing with other legislation regarding zoning , it was hard for him to understand . Supervisor Raffensperger replied that if the Board wished to set a public hearing that was fine . The position of the Board of Zoning Appeals has been characterized in a way that she did not understand considering the memo she has on November the 28th , 1990 , in a resolution which was offered by Ed King and Robert Hines . There is a great deal of discussion of precisely what she had said , the inappropriateness of the use of all Business Districts ' D ' for all retail sales . The talk about the inherit danger in the storage and dispensing of volatile , flammable and explosive fuels , etc . It seemed to her that what has been characterized as coming fra . the Board of Zoning Appeals has been two different things because she has this and it seems very different . Town Attorney John Barney remarked that what the Board of Zoning Appeals di_d . . . . . . they were trying to consider something in the context of what our current ordinance provided and what was the justification for creating . . . . . . . Supervisor Raffensperger replied that she found this piece of information which she got fran the Board of Zoning Appeals to be convincing enough to her that she thought it was not particularly wise time to make the change * Councilman Niklas remarked that he wanted to add to the Supervisor ' s confusion . He went on to say that at the COC meeting which provoked having this put on the agenda , the most vigorous proponent of this was Bob Hines . Supervisor Raffensperger remarked that she did not understand . Councilman Niklas replied we have witnesses , we have staff and we have John :Barney and Cathy was there . He went on to say that Bob was , he wouldn ' t say violently , but he would say strenuously pushing that so much work had been done on this legislation that it should go before the Town Board to make it ' s decision . He stated that frankly he wasn ' t caning here as either an advocate or distractor of this law he was merely doing what he thought a good chairperson ought do and that was communicate the feelings of that committees Supervisor Raffensperger replied that certainly if the Town Board wishes to :set a public hearing to consider this she would see that all receive copies of this adopted resolution . It seems to be extremely confusing as to the stance the Board of Zoning Appeals took on this particular issue . She felt the Board should proceed to decide if the Board wished to set the public hearing . She asked if there was anyone who wishes to make a resolution to set a public e�®rt�l ®r11WIlUYk11�Ih9U�1N1Yi1d11��[tlirlll�U'I�I�CFINIYiI(I�11�� Town Board Minutes 49 September 9 , 1991 hearing for November 7th at 7 : 15 P . M . As no one wished to make the motion the Supervisor proceeded to the next agenda item . Councilman Niklas remarked that he would take this to COC that until the comprehensive planning documents are in place we are no long to consider this as an issue . Supervisor Raffensperger remarked that if somehow or another we seem to have the luxury of time for other public hearings as we proceed may be we can look at the issue again . But , she thought that basically what has been said is that it is not an item very high on the agenda for the Board to spend a great deal of time with it at the present time . MAGISTRATES ASSOCIATION ANNUAL MEETING AND ADVANCED TRAINING SEMINAR RESOLUTION, N0 . 223 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Justice Merton Wallenbeck and Justice Warren Blye to attend the Magistrates Association Annual meeting and Advanced. Training Seminar in Ellenville , New York , October 6 , 7 , 8 , and 9 , 1991 . A portion of the cost ( approximately $ 275 ) to be reimbursed by the State of New York and Stop DWI Program . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . DEPARTmwr OF LABOR CONFERENCE Supervisor Raffensperger stated that there were two persons from the Department of Labor in Ithaca last week who came and looked at the basement and discussed the measures necessary to clean up the asbestos . The problem seems to be relatively minor and we are looking for authorization of the expenditure of up to $ 2 , 000 for the necessary cleaning and rewrapping of the joints . RESOLUTION N0 . 224 Motion by Councilman Niklas ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the expenditure of $ 2 , 000 for the clean up of the asbestos and rewrapping of the joints in the basement . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER A SUPPLEMENT TO AGREEMENT . OF MUNICIPAL COOPERATION FOR CONSTRUCTION , FINANCING , AND OPERATION OF AN INTER-MUNICIPAL WATER SUPPLY AND TRANSMISSION SYSTEM Supervisor Raffensperger noted that basically the Board was setting a public hearing to consider participating in a joint borrowing of up to $ 300 , 000 for the construction of the sodium hypochlorite chemical feed system on Cayuga Lake at Bolton Point . This is to cambate the Zebra Mussel . She stated that she had just received the information at the noon meeting that we were going to do this kind of an arrangement for borrowing money . But with Bolton Point it is very difficult to figure out how you are going to do . Town Board Minutes 50 September 9 , 1991 RESOLUTION N0 . 225 Motion by Councilman Niklas ; seconded by Councilman Liguori , ---------------------------------- In the Matter of A Proposed Water Improvement in the Town of Ithaca , Tompkins ORDER CALLING County , New York , Pursuant to PUBLIC HEARING Article 12-C of the Zebra Mussel Control Project Water Improvement Area of the Town of Ithaca ----------------------------------- WHEREAS , a map , plan and report has been duly prepared in such manner and in such detail as heretofore been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , and the Southern Cayuga Lake Intermunicipal Water Commission relating to the creation and construction , pursuant to Article 12-C of the Town Law and Articles 5 and 5-G of the General Municipal Law of water supply improvements to be known and identified as the Zebra Mussel Control Project Water Improvement ( and hereinafter also referred to as Water Supply Improvement " ) to be constructed and owned jointly by the Town of Ithaca , Dryden and Lansing ( for themselves and for certain water districts located therein) and by the Villages of Lansing and Cayuga Heights ( hereinafter collectively referred to as the "Municipalities " ) ; and WHEREAS , said map , plan and report have been prepared by Lozier Engineers , consulting engineers , a competent engineer duly licensed by the State of New York and are available for public inspection ; and WHEREAS , the area determined to be benefitted by said water supply improvement is the entire service area of the Southern Cayuga Lake Intermunicipal Water commission consisting of the Villages of Cayuga Heights and Lansing and portions of the Town of Lansing and Dryden and all of the Town of Ithaca outside the Village of Cayuga Heights ; and WHEREAS , the proposed Water Supply Improvement consists of the improvements as set forth below and as more particularly shown and described in said map , plan and report ( i ) sodium hypochlorite chemical fired system at the Raw Water Pump Station on the shore of Cayuga Lake at Bolton Point in the Village of Lan sing ; ( ii) a 400 foot long 6 " carrier pipe containing 1 " chemical feed and sample lines secured to the existing 36 " raw water intake line ; ( iii ) four chlorine diffuser rings mounted around the existing intake screens ; ( iv) a protective shroud mounted over the . intake screen structure ; and (v) related incidental improvements and expenses ; and WHEREAS , the maximum proposed to be expended for the aforesaid improvement is $ 300 , 000 . of which the Town of Ithaca ' s share as initially calculated will be $ 155 , 607 . 00 ; and WHEREAS , the proposed method of financing to be employed by said Municipalities consists of the issuance of a joint obligation statutory installment bond of said Municipalities to mature in annual i,nsi+allwents over a period not to exceed eight years , such bond to be paid from water rent revenue receipts collected fron all users of the Southern Cayuga Lake Intermunicipal Water System water _ �®. i�tiruu�anfau�e�e�na���u�ni�nw111 lIA�II�IIIR1 Town Board Minutes 51 September 9 , 1991 supply facilities in just proportion to the amount of water consumed ; and WHEREAS , to the extent water rent revenue receipts are not sufficient to pay the installments of said note , the Town of Ithaca ' s proportionate share of the costs of the aforesaid improvements shall be borne by the real property in the Town of Ithaca outside the Village of Cayuga Heights (being the property benefited by said improvement) by assessing , levying upon , and collecting from the several lots and parcels of land within such benefited area , outside of the Village of Cayuga Heights , in the same manner and at the same time as other Town charges , an amount sufficient to pay the principal and interest on said installment bond , as the same becomes due and payable ; and WHEREAS , the maximum estimated cost of said improvement is not greater than one-tenth of one percent of the full valuation of taxable real property in the area of the Town of Ithaca outside of the Village of Cayuga Heights ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said map , plan and report and the establishment of said Zebra Mussel Control Project Water Improvement and to hear all persons interested in the subject thereof all in accordance with the provisions of Article 12-C of the Town Law, NOW THEREFORE , it is hereby ordered by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 14, A public hearing will be held at Town Hall , 126 E . Seneca Street , Ithaca , New York , on the 3rd day of October , 1991 , at 7 : 30 o ' clock , P . M . , Eastern Daylight Savings Time to consider the aforesaid map , plan and report and the question of creating said Zebra Mussel Control Project Water improvement to determine whether to enter into an agreement with the other Municipalities for the joint acquisition and operation of such improvement , and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . Section 2 , The Clerk of the Town of Ithaca , Tompkins County , New York , is hereby authorized and directed to cause a copy of this order to be published once in the Ithaca Journal and also to post a copy thereof on the Town signboard maintained by the Clerk no less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of the Town Law . Section 3 . This order shall take effect immediately . The question of the adoption of the aforesaid order was duly put to a vote on a roll call , which resulted in the following : Supervisor Raffensperger Voting Aye councilperson Leary Voting Aye councilperson Klein Voting Aye councilperson Whitcomb Voting Aye councilperson Liguori Voting Aye councilperson Valentino Voting Aye Councilperson Niklas Voting Aye The order was thereupon declared duly adopted . EXECUTIVE SESSION ■� - nr��nuux�v��e��m�n�w�� ue�suun� Town Board Minutes 52 September 9 , 1991 RESOLUTION N0 . 226 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss a matter of land acquisition and a personnel matter . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . OPEN SESSION RESOLUTION N0 . 227 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RESOLUTION N0 . 228 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Attorney , upon instructions from the Town Supervisor , to institute condemnation proceedings with respect to a parcel of land discussed in Executive Session . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TOWN OF IrB iACA WARRANTS RESOLUTION N0 . 229 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated September 9 , 1991 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . . $ 102 , 759 . 73 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . . $ 34 , 354 . 78 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58 , 664 . 81 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 142 , 692 . 53 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 , 479 . 89 Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 549 . 43 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye * Nays - none) . BOLTON PODF2 WARRANTS RESOLUTION NO . 230 Motion by Councilwoman Valentino ; seconded by Councilman Liguori , Town Board Minutes 53 September 9 , 1991 RESOLVED , that the Bolton Point Warrants dated September 9 , 1991 , in the Operating Account are hereby approved in the amount of $ 570 , 289 „ 84 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order foz- payment . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . wn Clerk