HomeMy WebLinkAboutTB Minutes 1991-10-03 TOWN OF ITHACA
TOWN BOARD MEETING
October 3 , 1991
At a Regular meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Hall , 126 East Seneca
Street , Ithaca , New York , there were :
PRESENT : Shirley Raffensperger , Supervisor
John Whitcomb , Councilman
Patricia Leary , Councilwoman
David Klein , Councilman
Frank Liguori , Councilman
Catherine Valentino , Councilwoman
Karl Niklas , Councilman
ALSO PRESENT : Dan Walker , Town Engineer
Scott McConnell , Highway Superintendent
Andrew Frost , Building Inspector/ Zoning
Officer
Floyd Forman , Town Planner
Linda Nobles , Assistant Budget Officer
John Barney , Town Attorney
Pat Driscoll , 214 Texas Lane
Dooley Kiefer , 629 Highland Road
Jim Hilker , 255 Burns Road
Bill Hilker , 178 Burns Road
Dave Auble , 380 Coddington Road
Representatives of the Media :
Greg Williams , WHCU
PLEDGE Of' ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
Supervisor ' s Report
Supervisor ;Raffensperger stated that she would not have a regular
Supervisor ' s Report tonight , in as much as she had a fairly lengthy
budget message .
Town Engineer ' s Report
Town Engineer Dan Walker reported on the activities of the
Engineering Department for the month . 1989 Water and Sewer
Improvement on West Hill , the contractor has completed site
restoration work for the sewer main , with the exception of tree and
shrub replacements . The sewer has been accepted and the landowners
have been given permission to connect to the sewer . The water main
along Route 96 and Dubois has been installed and final pressure
tests and chlorination are underway .
Construction is proceeding rapidly and efficiently on the Inlet
Valley 1989 Water and Sewer Improvements . Water main installation
has been completed on Seven Mile Drive , Bostwick Road , and Five
Town Board Minutes 1 2 October 3 , 1991
Mile Drive . Sewer construction is complete on Seven Mile Drive and
is proceeding on Five Mile Drive and Route 13 . Installation of the
meter pit at the Elm Street water tank has been started .
Ithaca College Road relocation and Science Building , the site work
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 providing information on utilities
for the Comprehensive Plan and the various intermunicipal
agreements are being evaluated and updates of the agreements are in
the development stage .
The Town of Ithaca has been working with Tompkins County , the City
of Ithaca , NYSEG and Cornell University on a mapping survey which
includes setting up a survey monument system . The survey control
for the project will include locating monuments using a Global
Positioning System (GPS ) . This will enable the Town to have a map
reference system that is coordinated with the State Plane
Coordinate System ,
Highway Superintendent ' s Report
Highway Superintendent Scott McConnell presented his report , noting
that in September , the Highway Department worked a total of 1433
man hour; . 889 . 5 man hours were spent on general repairs which
included placing shoulders on all newly paved roads , cutting and
repairing shoulders on Honness Lane , Snyder Hill and Sharlene
Roads , replacing 35 signs around the Town , repairing a storm sewer
catch basin on Stone Quarry Road and replacing two fire hydrants
which had been out of service , this required 6 man hours of
overtime . 449 man hours were spent on permanent improvements which
included removing nearly 2000 ton of gravel from the Coy Glen inlet
for the State and the flood control system , screening the gravel
that was removed from the inlet in preparation for placement on
Park Lane for sub-base , cutting the ditch , shoulder and replacing a
culvert on Sugarbush Lane , cutting the ditch and placing a culvert
pipe under the road at Lexington Road , continuing the repair of the
walkway on the lower Forest Home bridge and placing emergency
access control bollards and chains on the access road to Penny
Lane ,
54 . 5 man hours were spent on vehicle repairs . 32 man hours were
spent on hauling de-icing sand in preparation for the winter and 8
hours were spent mowing shoulders and right-of-ways .
Much as been done on Park Lane , both by Bill Frandsen and the Town .
At this time , the sub grade work is complete , the sewer line is
installed. and the water line is under construction . Also nearly
half of the subbase material has been placed and compacted . With
continued. progress and good weather , we may have it opened for
traffic in a few weeks .
Preparation has been made for brush and leaf pick up . The leaves
will probably fall early and should all be down by the time we do
pick up :starting November 11 . We should be in position to repair
Whitetail. Drive during the week of October 14 .
Highway Superintendent McConnell presented the Parks and Open Space
Manager ' s Report as follows : the onset of cooler weather has
slowed down growth of our lawns , requiring only 21 man hours of
mowing this month . Only one or two more mowings should be needed
the rest of this year , including our third , and last , mowing of all
water tank and pump station sites . Don has finished play structure
Town Board Minutes 3 October 3 , 1991
upgrades at all our parks . He has begun spraying sealer on all the
structures during the calm, dry and warm days remaining this fall .
A total of 100 man hours were spent in September . We will continue
the sealing program as long as we can this year and finish any
remaining structures next spring . As we obtain woodchips from
chipping dropped-off brush , we have been resurfacing woods trails
at Eastern Heights and Salem Park . Unfortunately , a very limited
supply of wood chips has been available . To assure us of a bigger
stockpile we will be dumping all loads of chips from Fall brush
pickup at the Highway facility . Any residents requesting chips
will have to come to the barns in the future . A total of 44 man
hours were spent trail chipping in September . Fall tree and shrub
planting was begun late in the month for a total of 44 man hours .
We will be replacing dead plantings at Eastern Heights , Tudor and
Grandview Parks , along with some new plantings at Troy Park . We
completed a lawn restoration and tree planting project at Allan
Treman Marina caused by a broken water main this Spring . A total
of 38 man hours were required . This job was referred to Parks by
the Engineering Department . Additional work orders for similar
landscaping services will be acted on as time allows this Fall .
Working together with the Highway Department and a rented screening
machine , we processed several hundred yards of soil , last Fall ' s
leaf compost and some older stockpiles of low quality soil
mixtures . We now have several year ' s stockpile of very high
quality topsoil for our many landscaping projects . A wide variety
of routine maintenance tasks took up the balance of the month for a
total of 200 man hours .
October Parks projects include continue Fall tree and shrub
planting:; , continue play structure sealing , finish yearly park
furniture staining , begin leaf removal at park and trail sites ,
regravel base of Hungerford Heights play structure with 35 tons of
lA grave]. , Fall brush pickup the week of October 21 to 25 , continue
yard waste management at barns , several lawn reseeding jobs , as
time permits , and final lawn mowings .
Councilwcunan Valentino noted that the Highway Superintendent had
put the traffic counters in the Eastern Heights area .
Highway Superintendent McConnell replied yes , that he wanted a good
traffic (mount and had a counter at Regency , Sharlene and Skyview .
He planned on leaving them out for a week and then take the total
counts . After Park Lane is opened , probably in the Spring but
before school was out , he would do those same three and also Park
Lane to (rive us a total count . He would compare the total traffic
with now and after Park Lane was opened and if there was a
significant increase then changing the traffic patterns would be
considered . One thing that needs to be addressed right now is the
signage at Regency and Park Lane , it needs an advisory speed sign .
Building Inspector/ Zoning Officer ' s Report
Building Inspector/ Zoning Officer Andrew Frost reported that 26
building permits were issued for the month of September , 26
certificates of occupancy were issued . We investigated five
ccanplaint.s in September and made 111 field visits .
Town Planner ' s Report
Town Planner Floyd Forman presented his report noting that the
following is a synopsis of Planning Department activity for the
period September 10 thru October 3 , 1991 :
Town Board Minutes 4 October 3 , 1991
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 September 24th CPC meeting ,
the committee decided upon October 14th as the date for the public
meeting on the inventory chapter and the inventory maps . Staff
forwarded. to Stuart Brown Associates policies to implement
previously approved goals and objectives . Stuart Brown Associates
will further develop and refine these recommendations . The
Comprehensive Planning Committee held one meeting during this
period on. September 24th .
At the September 17th meeting , the Planning Board recommended to
the Codes and Ordinances Committee and to the Town Board , approval
of changes to the minimtun density requirements in business
districts . They also approved with conditions modifications of a
site plan and a re-subdivision of land . The Planning Board
adjourned. for 60 days their decision on a recommendation regarding
Special Approval to the Zoning Board of Appeals for the Cornell
Tennis I?acility . The Planning Board felt it needed more
information in order to make its recommendation . Some of the
issues discussed included building height and mass and location of
the building on the site .
Planning staff worked with the Conservation Advisory Council
Chairman (CAC ) on the Open Space Inventory and Index .
Planning staff continues to work with Andy Frost and John Barney to
support the efforts of the Codes and Ordinances Committee (COC) .
The Committee met on October 2nd . The major focus of the COC
continue; to be consideration of revisions to the Town of Ithaca
Zoning Ordinance and other land use regulations . Staff prepared
the following recommendations for changes to the Zoning Ordinance :
regulations to change the minimum density requirements for business
zones , development of a section on landscaping and screening , and
revision,; to the section on special permits . The Committee
forwarded to the Town Board a positive recommendation for a local
law changing the Zoning Ordinance to provide for minimum density
requirements in business districts . COC also discussed other
land-use related environmental protection mechanisms which the Town
of Ithaca could consider in the coming months .
Staff attended a wetlands delineation course at Camp Allegany ,
Salamanccl , New York on September 26th ,
REPORT Of' TOWN COMNLITTEE.S
Comprehensive Planning Committee
Councilman Klein noted that one meeting of the Comprehensive
Planning Committee was held in September , that meeting was
basically to review Chapter 2 , the Inventory Chapter . We basically
reviewed the comments that the staff had gotten back . The next
meeting is this caning Tuesday and we are basically going to have a
dry run for the public presentation , we will be taking a final look
at Chapter 2 and the maps that the staff have prepared and of
course , -the upcoming event is October 14th at 7 : 30 P . M . , in the
Women ' s Community Building . We will be holding an informational
meeting for the public to present the general update of the status
of the plan but essentially focusing on Chapter 2 , the inventory
and the maps .
Codes and Ordinances Committee
Town Board Minutes 5 October 3 , 1991
Councilman Niklas remarked that the Town Planner had reported on
CDC and there were some matters from COC on the agenda .
Youth Commission
Councilwcman Valentino reported that the Town ' s representatives are
now seated on the Commission . The Commission is now functional ,
they are finishing up writing their By-Laws and trying to decide on
a name . She felt that the committee that was set up to help
formulate: that can now be disbanded . She went on to say that she
went to their first meeting and if the Town Board would desire she
would be willing to continue as liaison to that organization .
Supervisor Raffensperger felt that was an excellent idea and the
Board agreed .
Ethics Committee
Councilwoman Valentino stated that she felt the public hearing
should be set for the December meeting .
Supervisor Raffensperger remarked , then we will set the date for
the public hearing in November for the December meeting .
Conservation Advisory Committee
Councilman Whitcomb stated that he had nothing significant to
report from the CAC .
RELOCATION OF POLLING PLACES
Councilman Niklas asked if this change would be put in the
Newsletter?
Supervisor Raffensperger replied , we really can ' t put it in until
the Fire Commissioners approve it .
Councilman Niklas asked if there was a possibility of saying that
if it is approved , these polling places will be moved .
Supervisor Raffensperger felt this could be arranged .
RESOLUTION N0 , 231
Motion by Councilman Niklas ; seconded by Councilman Liguori ,
RESOLVED ,, that the Town Board of the Town of Ithaca hereby
authorize the relocation of Election District # 1 from the Biggs
Complex to the West Hill Fire Station and Election District # 3 from
the NCR Corporation to the South Hill Fire Station , and
BE IT FURTHER RESOLVED , that the Town Board requests the Board of
Fire Commissioners to consider approving the relocation of Town of
Ithaca Election District # 1 to the West Hill Fire Station and Town
of Ithaca Election District #3 to the South Hill Fire Station .
(Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
AUGUST FINANCIAL REPORT
Town Board Minutes 6 October 3 , 1991
RESOLUTION N0 , 232
Motion by Supervisor Raffensperger ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the August Financial Report as presented .
(Raffensperger , Whitcanb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
CLARIFICATION OF BOUNDARY OF INDUSTRIAL ZONE ON SOUTH HILL
Town Attorney John Barney stated that back in 1954 the Town first
zoned the Town has a whole and if you look at the map you will see
on the Denby Road a section marked NCR and then a dotted area that
marks a :residence district carved out of the industrial . As near
as we could tell , looking back , it seemed that to be the intention
to zone , at that point , all of the property that was owned by the
two industrial establishments there , Morse Chain and National Cash
Register industrial with the balance residential . It seemed also
to be the intention when the 1960 map was readopted , again showing
the area carved out . In 1962 an application was made by NCR for
the construction of a sales building and the property , at that
point , was considered by the Planning Board to be in the light
industrial zone , they seemed to be a bit confused , but obviously an
industrial usage . The building was built and has been used by NCR
for some thirty odd years as a sales building . They have now
abandoned that use and want to sell the building . When you scale
these maps , where the building is , there is a little question as to
where the zoning boundary line comes . The Zoning Ordinance that
was in effect both in 1954 and 1960 contain a provision that says
if the zoning boundary line appears to cane somewhere close to a
property boundary line the property boundary line is deemed the
zoning district boundary .
The Town. Attorney went on to say that in view of all that , it
seemed appropriate to clarify that that line that the Building
Inspector measured when he went out based on the current map , which
is a little clearer than the 1954 and 1960 maps , but also shows a
slightly expanded residential area . The intention back in 1954 and
I
n 1960 -was to include this parcel on which the sales building was
located in the industrial zone . That is the resolution before the
Board this evening .
Councilman Niklas remarked , then it was clear from the history of
the previous Town Planning Board meetings that that was the intent?
Councilman Liguori replied that it just so happened that he was the
one who proposed the resolution at that Planning Board meeting to
approve the proposal . He stated that he had also done a lot of
research and it was clearly the intention of the Planning Board
that it be part of the industrial zone .
RESOLUTION N0 , 233
Motion by Supervisor Raffensperger ; seconded by Councilman Niklas ,
WHEREAS , the Town of Ithaca first adopted a Zoning Ordinance in
1954 , and
WHEREAS , at the time of adoption of the Ordinance properties on
South Hill owned by Morse Chain and National Cash Register were
zoned industrial , and
Town Board Minutes 7 October 3 , 1991
WHEREAS , in 1962 an application was made by National Cash Register
Company to the Planning Board of the Town of Ithaca for site plan
approval for construction of a sales office building which plan was
approved by the Planning Board in 1962 and a revised plan approved
by the Planning Board in January of 1963 , and
WHEREAS , at the time of the approval of the site plan the Planning
Board was under the impression that the property involved was in an
industrial zone , and
WHEREAS , a building permit was issued in October of 1962 for the
construction of such sales office , and
WHEREAS , it is difficult to determine from the zoning map in effect
in 1962 -whether the parcel of land (now known as Tax Parcel No .
4-3-9 ) was fully within the industrial zone , and
WHEREAS , at the time of the adoption of the Zoning Ordinance in
1954 , the parcel in question was owned by Morse Chain Company and
was conveyed by Morse Chain Company to the National Cash Register
Company on August 28 , 1961 by deed recorded in the Tompkins county
Clerk ' s Office in Book 436 of Deeds at Page 1143 , and
WHEREAS , the Zoning Ordinance in effect both in 1954 when
originally adopted and as in effect in 1962 provided in Section 3
as follows :
"Where uncertainty exists with respect to the exact boundaries
of the various districts as shown on the Zoning Map , the
following rules shall apply .
1 . The district boundaries are lot lines unless
otherwise shown , and where the designation of the
Zone Map indicates a boundary approximately upon a
lot line , such lot line shall be construed to be the
boundary . . . " ,
NOW THEREFORE IT IS RESOLVED , that the boundary line between the
south line of the R-15 residential zone on the west side of Danby
Road and the adjacent industrial zone to the south be clarified to
be the line shown as the south line of Town of Ithaca Tax Parcel
No . 40-3•- 8 which line is the line 50 feet north of and parallel to
the north line of a parcel denominated "Morse Chain Co . to N . C . R . "
as shown on a map entitled "Map of Proposed Conveyance From Morse
Chain Company to the National Cash Register Company" dated July 29 ,
1960 , made by Carl Crandall , C . E . , and filed in the Tompkins County
Clerk ' s Office September 11 , 1961 , in Map Book A-2 at Page 88 , and
IT IS FURTHER RESOLVED , that it was the intention of this Board
that the property then owned by Morse Chain Co . , in 1954 and
subsequently transferred to N . C . R . and shown on the aforesaid map
as the parcel "Morse Chain Co . to N . C . R . " , together with the 50
foot strip of land denominated "Morse Chain Co . " on said map
immediately adjacent on the north to said parcel conveyed by Morse
Chain Co . to N . C . R . was , is , and remains in the industrial zone .
(Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SEPTEMBER TOWN BOARD MINUTES
RESOLUTION NO , 234
Motion by Councilman Niklas ; seconded by Councilman Whitcomb ,
Town Board Minutes 8 October 3 , 1991
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the September 9 , 1991 Town Board minutes as presented by the Town
Clerk .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none) .
CHANGE ORDER FOR CONTRACT #3 - WEST HILL SEWER
Town Engineer Walker reviewed the following Change Order # 1 summary
sheet :
1 ) Bilc:o Hatch for Water Meter Pit . Originally specified as
light duty model , changed by Town of Ithaca Engineering to heavy
duty highway HS-20 load hatch . Total cost of changes to contract
for this item is $ 1 , 827 . 00 .
2 ) Ductile Iron water pipe of class 51 originally specified in
contract changed to class 52 by Town of Ithaca Engineering . Cost
difference of $ 0 . 95 dollars per linear foot of 1970 feet of 12 " DI
water main , and $ 0 . 56 dollars per linear foot of 874 feet of 8 " DI
water main . Total cost of changes to contract for these items is
$21 360 . 9il .
3 ) Tompkins County Highway Department required as part of the
permit process for work within the shoulder and pavement of DuBois
Road the installation of approximately 165 linear feet of 6 "
diameter perforated filter fabric wrapped drain tile bedded in # 2
stone with a 10 foot 6 " diameter CMP end section and rodent guard
and delineater post to mark daylight end of pipe . Total cost of
changes to contract for this work is $ 1 , 400 . 00 .
41 The residence at 1483 Trummansburg Road required an additional
vent , trap and 33 linear feet of 4 " diameter PVC sewer lateral to
accommodate a second existing waste pipe found at residence . Total
cost of changes to contract for this work is $414 . 15 .
5 ) The top elevation of MH # 4 as per plans was high approximately
6 " and required fill and grading work to correct surface
restoration . Total cost of changes to contract for this work is
$440 . 00 .
6 ) The road crossing required an additional 10 linear feet of
CL52 DI pipe to accommodate a change in manhole locations necessary
to avoid a conflict with the existing ditch on the West side of NYS
96 and existing gas main on the East side . Total cost of changes
to contract for this work is $ 220 . 00 .
7 ) Topsoiling over and above the contract specifications was
required in the yard at 1491 Trumansburg Road . The amount of
additional topsoiling required was 30 CY in place at a cost of
$ 18 . 50/Cy in place . Total cost of changes to contract for this
work is $ 555 . 00 .
8 ) Topsoiling over and above the contract specifications was
required in the yard at 1483 Trumansburg Road . The amount of
additional topsoiling required was 10 CY in place at a cost of
$ 18 . 50 /CY in place . Total cost of changes to contract for this
work is $ 185 . 00 .
The Engineer went on to note that this leads to a net increase in
the contract $ 7 , 402 . 09 .
RESOLUTION NO . 235
Town Board Minutes 9 October 3 , 1991
Motion by Councilman Niklas , seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize an increase in the contract in the amount of $ 7 , 402 . 09
for the 1989 Water Improvements , Contract No . 3 - West Hill Water
and Sewer- Project .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
DEEDING OF PORTION OF REMINGTON ROAD TO THE VILLAGE OF CAYUGA
HEIGHTS
Town Attorney John Barney noted that Remington Road running from
the Town of Ithaca/Village of Cayuga Heights line on the North side
down to Lake Street basically borders on property that was taken by
the State of New York to build State Route 13 a number of years
ago . We have a half of a road with no property adjoining it . The
Village of Cayuga Heights would like to improve that road but they
are a little uncomfortable about improving their half without the
Town improving our half . He felt it was not prudent for the Town
to improve their half without any Town residents living there . The
solution is to deed over to the Village of Cayuga Heights the other
half of -the road from those two points and then they can feel free
to go ahead and improve it . He went on to say that this was only a
partial solution as what they want to do and what he would
recommend when all the paper work is done , they would like to annex
to the Village the other half of the road . Given it ' s location , it
make sen:De to do that also . That is what Agenda Item # 21 is and we
will bring this item to the Board at a later date .
Superintendent McConnell remarked that he believed , at this point
in time , the Town was maintaining the part that is a road . He
thought there were a couple houses on the lower part .
Councilman Klein replied that there was a house at the very bottom .
Supervisor Raffensperger remarked that it was her impression , in
the initial discussion , that that portion of the road was not
involved in this .
Attorney Barney replied that his understanding was that it was from
the line , all the way down to Lake Street . That ' s all in the
Village of Cayuga Heights , according to the map . Now if are
maintaining it . . . . . . . . .
Superintendent McConnell remarked , there is a portion of it that is
paved and somebody is living on it , he asked if he was right ?
Town Attorney Barney replied the whole road is paved , he believed. .
Supervisor Raffensperger replied that there was a section in
between that was not paved but it was all in the Village of Cayuga
Heights except for that portion of the road that is unimproved .
Highway .Superintendent McConnell responded , we are maintaining it .
Supervisor Raffensperger asked , why are we maintaining it if it is
in the Village ?
Highway Superintendent McConnell responded that he thought that
part of it was in the Town . It ' s history that has been done and it
was his 'understanding that the portion the Town was maintaining was
in the Town . It was thought that the line was up near where it was
blocked off and the road is closed .
Town Board Minutes 10 October 3 , 1991
Supervisor Raffensperger replied that that was the portion they are
interested in .
Town Attorney Barney replied that before the deed is actually
signed the Town needed to get an accurate description .
Supervisor Raffensperger agreed that there was a need for
clarification before the quitclaim deed was signed . It is the
intention not to execute any quitclaim deed for a portion of
Remington Road , if indeed , any residences are in the Town of Ithaca
and adjoin it . But the discussion has centered around the portion
of the road that has not been open and that the Village wishes to
open . She went on to say that it was her understanding that there
will be four residences built , all in the Village of Cayuga
Heights ,
RESOLUTION N0 . 236
Motion by Councilman Niklas ; seconded by Councilwoman Valentino ,
WHEREAS , the portion of Remington Road running from the
Village/Town line to the lake road lying within the Town of Ithaca
is bounded on the West by New York State Highway Route 13 and not
by any private residences , and
WHEREAS , the Village of Cayuga Heights wishes to expend funds to
improve said road , including the half of the road that lies within
the Town of Ithaca , and
WHEREAS , the Town of Ithaca is reluctant to expend Town taxpayer
funds on a road that serves little or not purpose for Town
residents , and
WHEREAS , the Village of Cayuga Heights is reluctant to expend funds
on a road that it does not own , and
Wes , the Town is willing to quitclaim whatever interest it has
in the road to the Village of Cayuga Heights ,
NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca deliver a
deed to the Village of Cayuga Heights pursuant to which deed the
Town of Ithaca quitclaims any interest it may have in Remington
Road running from the Village/Town line to the lake road lying
within the Town of Ithaca , and
IT IS FU M= RESOLVED , that the Supervisor of the Town is
authorized to execute a quitclaim deed of such premises from the
Town to the Village of Cayuga Heights , such deed to be in such form
as the Town Supervisor , with the advice of the attorney for the
Town , finds acceptable , the execution of such deed by the Town
Supervisor to be evidence of her approval of same .
( Raffensperrger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER AN INCREASE IN THE WATER
BENEFIT L07Y BY $ 16 . 00 FROM $ 64 . 00 TO $ 80000 PER UNIT
The Supervisor noted that the Board had information on this in
their packets . This increase in the benefit levy is made necessary
by the bonding of the 1989 water improvement . You have in your
packets a financial plan which indicates that only a portion of the
principal :and interest for that is being raised by the additional
$ 16 . 00 per unit charge . The last time the Town raised the benefit
Town Board Minutes 11 October 3 , 1991
levy was, in 1989 for a one million dollar water improvement
project . At that time the benefit levy was raised $ 10 . 00 .
RESOLUTION N0 , 237
Motion by Councilman Liguori , seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 15 P . M . , on November 7 , 1991 to
consider an increase in the water benefit levy by $ 16 . 00 from
$ 64 . 00 to $ 80 . 00 per unit .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE: FOR PUBLIC HEARING TO CONSIDER 1992 TOWN OF ITHACA
PRELIMINARY BUDGET
RESOLUTION NO . 238
Motion by Councilman Klein ; seconded by Councilwoman Valentino ,
RESOLVED ,, that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 30 P . M . , on November 7 , 1991 to
consider approval of the 1992 Town of Ithaca Preliminary Budget .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none) .
SET DATE FOR PUBLIC HEARING TO CONSIDER 1992 SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION BUDGET
RESOLUTION NO . 239
Motion by Councilman Niklas ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 00 P . M . , on November 7 , 1991 to
consider approval of the 1992 Southern Cayuga Lake Intermunicipal
Water Commission Budget .
(Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATFs FOR PUBLIC HEARING TO CONSIDER FOREST HOME LIGHTING
DISTRICT BUDGET
RESOLUTION N0 . 240
Motion by Councilman Whitcomb ; seconded by Councilman Niklas ;
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 15 P . M . , on November 7 , 1991 to
consider approval of the Forest Hone Lighting District budget for
1992 .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE. FOR PUBLIC HEARING TO CONSIDER GLENSIDE LIGHT DISTRICT
BUDGET
Town Board Minutes 12 October 3 , 1991
RESOLUTION N0 , 241
Motion b17 Councilwoman Valentino ; seconded by Councilman Niklas ,
RESOLVED ,, that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 16 P . M . , on November 7 , 1991 to
consider approval of the Glenside Lighting District budget for
1992 .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER RENWICK HEIGHTS LIGHTING
DISTRICT BUDGET
RESOLUTION NO . 242
Motion by Councilman Niklas ; seconded by Councilman Liguori ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 17 P . M . , on November 7 , 1991 to
consider approval of the Renwick Heights Lighting District budget
for 1992 .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER EASTWOOD COMMONS LIGHTING
DISTRICT :BUDGET
RESOLUTION NO . 243
Motion by Supervisor Raffensperger ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a. public hearing at 8 : 18 P . M . , on November 7 , 1991 to
consider approval of the Eastwood Commons Lighting District budget
for 1992 .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER CLOVER LANE LIGHTING
DISTRICT BUDGET
RESOLUTION NO . 244
Motion by Councilwoman Leary ; seconded by Councilman Niklas ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 19 P . M . , on November 7 , 1991 to
consider approval of the Clover Lane Lighting District budget for
1992 .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER WINNER ' S CIRCLE LIGHTING
DISTRICT BU=
RESOLUTION NO . 245
Town Board Minutes 13 October 3 , 1991
RESOLVED ,, that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 20 P .M . , on November 7 , 1991 to
consider approval of the Winner ' s Circle Lighting District budget
for 1992 „
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER BURLEIGH DRIVE LIGHTING
DISTRICT BUDGET
RESOLUTION NO . 246
Motion by Councilwoman Valentino ; seconded by Councilman Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 21 P . M . , on November 7 , 1991 to
consider approval of the Burleigh Drive Lighting District budget
for 1992 .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING ON 1992 ASSESSMENT ROLLS FOR WATER
BENEFIT ASSESSMENT ROLL
RESOLUTION N09 247
Motion by Councilman Niklas ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 22 P . M . , on November 7 , 1991 to
consider approval of the 1992 Assessment Rolls for the Water
Benefit Assessment Rolls .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING ON 1992 ASSESSMENT ROLLS FOR SEWER
BENEFIT ASSESSMENT ROLL
RESOLUTION N0 . 248
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 23 P . M . , on November 7 , 1991 to
consider approval of the 1992 Assessment Rolls for the Sewer
Benefit Assessment Rolls .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
TOWN OF ITI:iACA WARRANTS
RESOLUTION N0 . 249
Motion by councilman Niklas ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated October 3 , 1991 , in the following
amounts .
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . $ 52 , 091948
Town Board Minutes 14 October 3 , 1991
General Fund - Outside Village . . . . . . . . . . . . . . . . $ 28 , 747 . 27
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151 , 576 . 08
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43 , 754 . 11
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 878 , 444 . 28
Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . $ 545 . 19
(Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
BOLTON POINT WARRANTS
RESOLUTION NO . 250
Motion by Supervisor Raffensperger , seconded by Councilman
Whitcomb .
RESOLVED , that the Bolton Point Warrants dated October 3 , 1991 , in
the Operating Account are hereby approved in the amount of
$ 123 , 850 . 07 after review and upon the recommendation of the
Southern Cayuga Lake Intezmunicipal Water Commission , they are in
order for payment .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
NEW YORK PLANNING FEDERATION CONFERENCE
RESOLUTION N0 . 251
Motion by Supervisor Raffensperger ; seconded by Councilman Niklas ,
WHEREAS , it is desirous to educate the Town ' s officials regarding
current planning issues , and
WHEREAS , the New York Planning Federation is holding its Annual
Planning and Zoning Institute November 17- 20 , 1991 at the Nevele
Country Club in Ellenville , New York ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize two people ( to be named by the Town
Supervisor ) to two days and nights of said conference and two
people ( also to be named by the Town Supervisor ) to one day only to
said conference , and
FURTf-IER BE IT RESOLVED , that the Town Attorney may attend as a
registrant of the Town of Ithaca and subsequently reimburse the
Town for those costs .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none) .
NEWSLETI'IIt
Supervisor Raffensperger noted that a Town of Ithaca Newsletter has
been put together quite hurriedly so that the Board can review it .
She went on to note that it did have some budget information which
she felt the Board might want to review after the budget
presentation .
Councilman Niklas asked if some space could be found to announce
the relocation of Election Districts # 1 and # 3 ?
Town Board Minutes 15 October 3 , 1991
Supervisor Raffensperger replied that she would certainly try to
include -this . She felt we could say that the Town has voted to
relocate the two districts , contingent upon the Board of Fire
Cc issioners approving it also .
Dooley Kiefer asked if the Board had space , would they consider
adding seething to the fact that there will be collection , for
County residents , of junk mail , glossy inserts and magazines ,
catalogs in the later part of November . The League of Warren Voters
is working with the County to pull this off . It is going to
happen , the details are not ready to be made public yet . Since the
Newsletter is due to cane out soon she thought it might be a
service to the Town residents to tell them about saving those
things for a County wide pickup .
Councilman Liguori asked if this would be a one time thing?
Mrs . Kiefer replied , it will be one Saturday or one weekend in the
latter part of November . We have hopes the County will starting
adding a couple of these items to their regular drop off centers .
Supervisor Raffensperger replied that the difficulty was that we
don ' t have the space but we will try to work it in if possible .
PERSONS TO BE HEARD
No one present wished to be hear , at this time .
PRESENTATION OF THE 1992 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER
COMMISSION BUDGET
Supervisor Raffensperger noted that in general , the Bolton Point
budget has been reduced samewhat from 1991 to 1992 . If you look on
page 5 you will see the primary reasons for the reduction in the
budget and that is the Zebra Mussel contractual costs , engineering ,
construction and other , were not accomplished in 1991 and will be
funded by the proposal which is a public hearing later this evening
and that is a joint borrowing . There are very few other changes .
APPROVAL OF 1992 ELECTED OFFICIALS SALARIES
RESOLUTION N0 . 252
Motion by Councilman Niklas ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the 1992 elected officials salaries of $ 5 , 000 for each Town Board
member , $9 , 500 for each Town Justice and ( $ 14 , 900 for Town
Supervisor and $ 4 , 100 for Chief Fiscal Officer ) total of $ 19 , 000
for Town Supervisor .
( Raffensperger , Whitceb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
PRESENTATION OF 1992 TOWN OF ITHACA TENTATIVE BUDGET
Supervisor Raffensperger presented the following Budget Message :
Parttown , 7bwnwide and Highway Funds
The 1992 Tentative Budget shows a decrease of 2 . 6 % in
appropriations . Factoring in an inflation rate of 5 . 4 % ( law
Town Board Minutes 16 October 3 , 1991
estimate ) , the real impact on appropriations for these funds
amounts to a cut of 8% .
This decrease was necessitated by state-aid cuts enacted mid-year
1991 and continued into 1992 .
In 1990 , all state aid was $ 330 , 148 .
In 1991 , budgeted state aid was $ 358 , 500 .
(mid-year cuts approximately $ 200 , 000 )
In 1992 , $ 127 , 938 has been budgeted for all state aid
(mi&year reductions possible)
Bottom-line , revenues from state aid for 1992 have decreased
$ 227 , 550 from 1990 actual and $ 270 , 562 from 1991 estimated .
Increases in the 1992 budget are almost exclusively in personal
service lanes , reflecting the 4 . 75 % pool for staff salary increases
or about $42 , 000 including fringes tied to salary and the Town ' s
share of health insurance costs , $ 23 , 5000 No salary increases for
elected officials are recommended .
With $ 270 , 562 in decreased state-aid , plus $ 65 , 500 in personnel
costs , tYle potential increase in the 1992 tax levy totaled
$ 3361062 . A 5 % increase in appropriations would have added about
$ 134 , 000 , for a total of $ 4701P000 . If that amount of additional
revenue were to be raised in taxes , the Town-wide rate would have
increased by $ . 95 from $ . 94 to $ 1 . 89 / 1000 AV .
A request to Department Heads to make real cuts in 1992 over 1991
budget requests was made ; their recommended cuts , plus additional
miscellaneous reductions and a cut in state retirement costs , are
included in the Tentative Budget . These cuts , plus some increased
revenues and an increase in the tax base , allowed the tax levy
increase to be reducted to $ 118 , 925 .
The Townwide tax rate in the Tentative Budget is $ 1 . 10 . For the
average taxpayer in the Town of Ithaca , with property valued at
$ 144 , 000 , the increase for 1992 would amount to $ 23 . 04 .
This reduction in spending for 1992 includes items that must be
considered deferred : cost-of-living increases for Town employees ,
office equipment , highway machinery , road reconstruction , etc .
However , this seems the only way to spread the tax consequences of
the state aid cuts over several years . State aid cuts to the
School District and Tompkins County will be reflected in their 1992
tax bills and accommodating all those , and the Town ' s , lost
revenues in one tax year does not seem responsible .
Only $ 10 , 760 of fund balance in Townwide , Parttown and Highway is
appropriated for 1992 . State aid cuts in 1991 , even with
substantial cuts in spending , will leave fund balances at marginal
levels for cash flow requirements .
FIRE
The fire district costs reflect the contractual costs for 1992 ,
$ 1 , 152 , 191 ., $ 97 , 000 of sales tax revenues and $ 40 , 000 of fund
balance reduce the tax levy to $ 994 , 331 resulting in 1992 rate of
$2 . 033 / 1000 AV . ( 19919 $ 1 . 77 )
WATER
Water revenue include a $ 16 increase in benefit charges to
partially :support the principal and interest charges for the 1989
_ I■�IrNY�IWIIIlY1�i11Y17NY��lYg1l�■f1Yl{fNY®I�IIIN
Town Board Minutes 17 October 3 , 1991
Water Improvements . $ 25 , 000 has been appropriated in the general
water budget to begin work on long-deferred and essential
improvements to the system or , at year-end , to establish a capital
reserve fund for these activities .
SEWER
No increase in sewer benefit charges to support the 1989 Sewer
Improvements is recommended . There is sufficient fund balance to
accommodate these charges for 1992 . A review of the benefit levy
should take place in 1992 after joint sewer transmission charges
are set . A revision of the 1992 sewer budget may be needed to
reflect 1992 sewer transmission charges , now being negotiated .
The Supervisor noted that the Board would see the increase in the
real property taxes and the decrease in the state aid per capita .
Because this budget shows actual figures for 1990 , she thought it
was important to remind the Board of the extent to which they were
forced in 1990 to reduce the budget that was passed in November of
1989 . The difference between what was budgeted and what was actual
spent was $ 216 , 796 . 00 and that occasioned by the sales tax actual
revenues being considerably below what was budgeted . We used
$ 126 , 000 less fund balance than had been budgeted because of the
cash flow difficulties , also there was a small decrease in state
aid . There were increases in the inter-fund transfer and in
miscellaneous . But , all in all , there was a real cut in the Town
budget in 1990 of $ 216 , 796 . 000
Supervisor Raffensperger went on , pointing out the decrease in
state aid per capita and a moderate decrease in the mortgage tax .
On page 2 , you will see the elected officials salaries remain the
same as the year before . On page 3 , for elections , you will note
that once again we have budgeted $ 29 , 0000 That is the amount that
Tompkins C'.ounty passed down to us last year for the first time to
pay our share of election expenses in the County .
Councilman Klein questioned the unallocated insurances .
Linda Nobles , Assistant Budget Officer responded that that covers
all the insurance expenses for the Town . Liability coverage , auto
coverage , public officials liability , right-of-way bonds that we
have , steam boiler policies , everything . It ' s sort of an umbrella
policy .
The Supervisor went on , noting that on page 5 the Board would see
an increase in the Crossing Guards . That is because we will have
one more crossing guard at DeWitt School . On page 6 , there is an
increase in the Coddington Road Community Center allocation oaai slce)hc
reflects tS:ieir going from a four week sumgner program
Sumner program . The item under City of Ithaca Youth Bureau is an
estimate , we have not received the exact figures , so that will have
to be changed before the final budget .
Councilwoman Leary asked the Supervisor to explain the "Bus Line "
on page 5 for both the hospital bus and Gadabout , they seem to bop
around a lot .
Supervisor Raffensperger replied that that was again because of the
change in the budget in 19900 The Gadabout line has always been
there but it was changed from parttown to townwide . She went on to
say that She had reduced the hospital bus because it has been
running scin- ewhat below the estimate . The Supervisor noted that the
Town had a request frcm RSVP for funding and she felt that if there
was some many left in that line and if the City of Ithaca Youth
Town Board Minutes 1 18 October 3 , 1991
Bureau does not go over excessively , the Town Board might want to
consider making an allocation to RSVP . The total appropriations
for the Townwide budget have been cut from the 1991 budget to the
1992 budget .
Supervisor Raffensperger went on to the Parttown budget where she
noted that once again , the state aid per capita has been
considerably reduced . On page 8 you see again the bus line ,
Northeast Transit is included in this because it serves parttown .
She stated that she removed the South Hill Tomtran which was being
carried year after year at $ 3 , 000 and to the best of her knowledge
they have never done it .
Councilman Klein asked if the Northeast Transit didn ' t serve Cayuga
Heights ?
Supervisor Raffensperger replied that she guessed it did go into
Cayuga Heights . She went on to say that she believes the Village
gave a subsidy . So does the Village and Town of Lansing and
Cornell University . The City helps in the running of the Northeast
Transit . Her recollection as to why it was in the parttown was
because Cayuga Heights has involvement , therefore , the Town can ' t
double dip on Cayuga Heights . On page 9 , she stated that she had
left in the budget the South Hill Trail acquisition and
construction because we have not expended those funds which were in
the 1991 budget . The Mitchell Street walkway , both in the
expenditures and the appropriations , has been removed . The
Mitchell Street walkway is completely financed by donations from
Cornell University and one of the developers in the area . On page
10 we have one of the larger increases in group health insurance
from $ 19 , 200 to $ 34 , 645 , this was the increase she had mentioned in
her budget message .
Supervisor Raffensperger noted that the Highway Fund indicates
estimated revenues , a couple of interesting things is the CHIPS
Program i_ss slightly increased over the actual for 1990 . This is
the only state money that went up . Unfortunately , it looks to us
as though the state aid will not be forthcoming this year . She
went on tc> note that on page 12 there are appropriations for the
Highway Fund . The one that was cut most substantially from the
Department recommendations was regular road permanent improvements .
This was done as an absolute necessity because of the cut in state
aid funds and the general difficulties this year , so $ 30 , 000 was
cut from that line . On page 13 , the item that shows the greatest
difference is the one under workman ' s compensation where you see a
considerable increase .
Linda Nobles remarked that the cost had gone up almost 30 % for this
item , particularly for the kinds of positions that are in the
Highway Department .
Supervisor Raffensperger noted that the Tentative 1992 budget was
lower than the Adopted 1991 budget . The Supervisor then went on to
the Water portion of the budget noting that the water revenues do
include the $ 16 . 00 increase in the benefit assessment which the
Board had discussed earlier . $ 25 , 000 has been appropriated in the
General Water budget to begin work on the long deferred and
essential :improvements in the system or at year end to establish a
capital reserve fund for these activities . On page 16 in the
serial bond , principal and interest payments , an increased amount
which is the service for the 1989 water improvement projects . The
sewer fund , there is no increase in the sewer benefit charge .
There is sufficient fund balances to support these charges for
1992 . A review of the benefit charges should take place in 1992
after joint: sewer transmission charges are set . A revision of the
s..i� IIY�YYI�I�FIIIYIIMKi�I91®®IIRIIII{�IIYIYIIs®mu�
Town Board Minutes 19 October 3 , 1991
1992 sewer budget may be needed to reflect 1992 sewer transmission
charges which are now being negotiated . At the end of 1990 we
authorized a joint study with the City , appropriate charges for
joint sewer transmission . The budget shows a joint sewer
transmission item of $ 50 , 000 and is probably a grossly
underestimated figure . The Supervisor went on to note that on page
19 , as she had mentioned , the serial bond principal and interest
payment reflect the increased cost for the 1989 Sewer Improvement
Project which cost $ 2 , 128 , 000 . On page 20 , the lighting districts ,
the Burleigh Drive Lighting District has been added to the
districts .
Supervisor Raffensperger went on to explain the Fire Protection
budget . We have estimated revenues and you will notice that we are
using $ 97 , 000 of sales tax revenues to support the budget and
$ 40 , 000 of appropriated fund balance . We began to use sales tax
revenues for this in 1991 because of the effect of Audit & Controls
rulings on the parttown budget and because the fire protection
district in parttown is the same , we started to use same sales tax
revenues in this budget . She went on to say that she was anxious
in the future to be able to phase this out because she felt that
when someone gets a bill for fire protection it ought to say
exactly what your fire protection costs . These are contractual
costs with the City of Ithaca and the Village of Cayuga Heights .
The Cayuga Heights budget is an estimate and she felt some minor
adjustments would have to be made to it . Fortunately , she felt ,
down just a little bit .
Supervisor Raffensperger noted that page 22 gives the Board some
idea as to what the estimated fund balances will be at the end of
the year . The expenditures were cut , in other words , revenues were
deficient by about $ 3821529 , this is the estimate . The Town has
cut , in tY:ie budget modifications , etc . , and will cut approximately
$310 , 335 from the 1991 budget in order to accommodate those cuts .
We will use from what is available from 1 / 1 / 91 in fund balances a
total of approximately $ 72 , 194 . So , we have made up the majority
Of it , $ 310 , 000 in cuts in the budget . 'These are of course ,
estimated fund balances at the end of the Ye ar
The Supervisor continued to page 23 which she noted indicates the
figures to be raised in taxes and the tax rate , which she had said
in the budget message would go from $ . 94 per thousand to $ 1 . 10 per
thousand . She stated that she would repeat again , that that figure
was for the Townwide tax rate , the lowest in Tcopkins County . The
Supervisor noted an increase in the assessed value in Parttown of
$ 9 , 702 , 592 , that is not a part of the County wide assessment , that
is an increase in the assessment after the County wide assessment
in this past year in the Town . In Townwide it was an increase of
only $ 712551060 because the Village of Cayuga Heights lost a
substantial amount of assessed value . She stated that she has not
been able -to find out why as Mayor Anderson is out of town .
Bill Hilker noted that this was partly due to Board of Assessment
Review and small claims hearings where sane of the residents were
able to show that they were over assessed . He felt the Parttown
increase was due to the finalizing of construction projects ,
especially those on South Hill .
Supervisor Raffensperger continued , noting the Fire Protection Fund
that the tax rate has gone from $ 1 . 772 to $ 2 . 033 reflecting the
contractual costs . On page 26 she noted that the Board would see
all of the bond payment schedules and then the proposed salaries
for the Town employees . This budget is now the Town Board ' s budget
and there will be some necessary changes in the Tentative budget
when we receive definite figures from the Youth Bureau . She stated
that she had received figures after it was filed with the Town
e�f liar[Y�I]®�ICf iiLUnwoenrao��iwub�m ®na�l�lll��
Town Board Minutes 20 October 3 , 1991
Clerk on Monday as is required by law and that will have to be
changed . Any changes that the Town Board wishes to make and then
it becanes the Preliminary budget which will be taken to public
hearing on November 7th .
Councilman Liguori remarked , at the beginning you said that the
Town of Ithaca tax rate was the lowest of any town in the County ,
is that correct?
Supervisor Raffensperger replied , that ' s right for the Townwide tax
rate . The Town of Ithaca ' s townwide tax was $ . 94 . For example , in
the Town of Dryden it ' s $ 2 . 43 . Even the totals , when you take
County , fire protection and everything , in 1991 all of the total
taxes , the Town of Ithaca ' s total tax was $ 6 . 805 for everything
including the County tax . The Town of Dryden , for example , was
$ 8 . 379 , the Town of Groton was $ 7 . 177 , the Town of Ulysses was
lower $ 4 . 1399 , the Town of Lansing was $ 5 . 197 . She stated that she
had talked to one of the Supervisors in one of the towns that is
comparable to ours and he said something about his income not being
very high and she had replied how much is it per thousand and he
said $ . 17 ,, he said it ' s only 7 % . Our tax increase may be a higher
percentage but because we started at such a lower base it is fewer
cents per thousand . you have to be very careful when you look at
these figures .
Mr . Hilker asked , is that rate you are referring to before or after
sales tax reduction? Most towns . . . . . . . . .
Supervisor Raffensperger replied that she was comparing apples and
apples . She told Mr . Hilker that he should pick up one of the
comparison papers which were available at the front counter all
year long . The Town of Dryden takes it ' s sales tax revenues , they
are just like us . They take their sales tax revenues and then they
have a townwide and outside the village , so she was copmparing
comparable figures . She went on to say that the Town cannot
continue the way it has the last two years , to make
$ 200 , 000 / $ 300 , 000 cuts in the budget to acccn nodate revenue short
falls and still maintain services in the Town . Her aim really was
to do sane: paving this year , do some next year , and sane the next
year so there is not such a big hit from the lost revenues all in
one year .
CONSIDER A FOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE
RELATING TO POSTING PUBLIC NOTICES OF LAND USE CHANGE APPLICATIONS
Proof of posting and publication of a notice of public hearing to
consider a local law amending the Town of Ithaca Zoning Ordinance
relating to posting public notices of land use change applications
having bee ., presented by the Town Clerk , the Supervisor opened the
public hearing .
Councilman Niklas stated that the Town has , for many years , been
concerned that there is an awareness of people who own property
contiguous to another piece of property upon which development is
being planned . The Town has sent out notification in the mail to
property owner informing them when scathing wi ne ll ca before the
Town planning Board that deal with properties near their hones .
CAC had asked the Codes and Ordinance Committee to look into
modifying the Town ' s treatment of notification in parallel with the
City of Ithaca which has the posting of signs . He stated that they
looked into this and got copies of the City ' s ordinance . After
many considerable meetings and debate this piece of legislation is
proposed . Essentially what this would require would be the posting
of visible signs in areas where the public passing by or driving by
would see the signs . Would notify them that there is some kind of
®�lirllb01113"°urw� a��iwmim� mies
Town Board Minutes 21 October 3 , 1991
activity being planned on that site and to look into the matter .
This doe:; not change the Town ' s policy of mailing notices to people
once an item gets on the agenda to the Town Planning Board , it ' s an
additional feature .
Supervisor Raffensperger noted that the posting shall occur at
least 14 days and not more than 30 days of the first meeting of the
Board at which the matter is to be heard .
Councilman Niklas remarked that as it was originally proposed , COC
recommended a minimum of seven days . At our meeting it was
amended .
Supervisor Raffensperger went on to note that the first sign is
free and the fee for the second sign would be $3 . 00 . 1
As no one present wished to speak , the Supervisor closed the public
hearing .
LOCAL LAW N0 . 15 - 1991
Motion by Councilman Niklas ; seconded by Councilwoman Valentino ,
LOCAL LAW N0 . 15 - 1991
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING
TO POSTING PUBLIC NOTICES OF LAND USE CHANGE APPLICATIONS
Section 1 . The Zoning Ordinance of the Town of Ithaca as
readopted , amended and revised effective February 26 , 1968 , and
subsequently amended , is further amended by inserting a new section
78-A entitled "Posting of Notices " reading as follows :
"SECTION 78-A . Posting of Notices . In addition to any other
notice required by law , a public notice shall be posted by the
applicant on the property that is the subject of certain
applications as set forth in this section .
1 . The sign shall be posted in the following circumstances *
( a ) If a variance , special approval , special permit , or
determination is being sought from the Zoning Board of
Appeals and the matter is not required to be heard by the
Planning Board before action by the Zoning Board of
;%ppeals , the notice shall be posted before the initial
Zoning Board of Appeals public hearing on the matter .
(b) If a variance , special approval , special permit , or
determination is being sought from the Zoning Board of
Appeals but a recommendation relating to such action must
:First be received by the Board of Appeals from the
Planning Board before the Zoning Board of Appeals
determines the matter , the notice shall be posted prior
to the first Planning Board Public hearing on the matter .
i( c ) If a subdivision or site plan approval is being
sought from the Planning Board , the notice shall be
posted before the first Planning Board public hearing on
the application .
(d) If the application is for rezoning of a parcel or
parcels of land in conjunction with a proposed
development on same a notice shall be posted and it shall
be posted prior to the initial Planning Board hearing on
N irrurr�i®uNUmimwtn��ipnn��wsi��
Town Board Minutes 22 October 3 , 1991
the proposed rezoning . If the rezoning is a rezoning
generally of the neighborhood independent of a particular
application for a particular project , or is a rezoning
of an area of more than 300 acres , there shall be no
posting requirement unless the Town Board directs such
posting . In such event the Town Board may designate the
location and frequency of such posting , which may be
different than otherwise required hereunder .
29 The posting shall occur at least 14 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 .
3 . The sign shall be posted in a location clearly visible
from the roadway at or near the center of each of the property
lines of the property under consideration which property line
fronts on an existing public or private roadway . If the road
frontage exceeds 1 , 000 feet , signs shall be posted at 500 foot
intervals along the frontage . When the Town Planner or Town
Building Inspector and Zoning Enforcement Officer finds that
the particular circumstances of an application warrants more
signs than required by this provision , the applicant shall
post such additional signs as may be directed by either of
such officers .
4 . Such signs shall be continuously maintained by the
applicant and displayed facing the roadway until final action
has been taken by the Board involved approving or denying the
application or appeal , or until the application is withdrawn .
Signs shall be removed within 15 days of the final action or
withdrawal of the application .
5 . The required signs shall be obtained from the Town
Planner , Town Building Inspector and Zoning Enforcement
Officer , or Town Clerk and shall contain the information set
forth on the form of sign supplied by the Town . There shall
be no fee for the first sign . If additional signs are
required the applicant shall pay a non-refundable fee for each
subsequent sign or replacements thereof . The fee shall be
$3 . 00 per sign .
60 ;Failure to post or maintain the signs as provided in this
section shall not be a jurisdictional defect and any action
taken by any Board in connection with the application shall
not be nullified or voidable by reason of the failure to
cwnply with this section . However , the failure to post or
maintain the sign may be grounds , should the Board involved in
its discretion so determine , to deny the application sought or
to decline to hear the matter at the scheduled meeting date by
reason of the failure to have the appropriate signs installed
and/or maintained . The appropriate Board may , on good cause
shown ,, waive the requirement of the posting of signs as called
for by this section . "
Section 2 . If any section of this law is declared invalid by a
court of competent jurisdiction such invalidity shall not affect
the remaining provisions of this ordinance which shall be in full
force and effect .
Section 3 . This local law shall take effect upon its
publication as required by law .
The Supervisor called for a roll call vote .
Town Board Minutes 23 October 3 , 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 . 15 - 1991 was thereupon declared duly adopted .
PUBLIC HEARING TO CONSIDER THE ADOPTION OF A LOCAL LAW AMENDING THE
TOWN OF ITHACA ZONING ORDINANCE REGARDING ABANDONMENT OF
NONCONFORMING USES
Proof of posting and publication of a notice of public hearing to
consider -the adoption of a local law amending the Town of Ithaca
Zoning Ordinance regarding abandonment of non-conforming uses
having been presented by the Town Clerk , the Supervisor opened the
public hearing .
Town Attorney John Barney stated that there have been some cases of
late , and when you have some non-conforming use you are entitled to
continue it after an enactment of the Zoning Ordinance or an
enactment of and amendment to the Zoning Ordinance . However , that
is kind of a limited right and if you cease operating in a
non-conforming manner for a period of time , most Zoning Ordinances
and our :included , will terminate your right to continue that
non-conforming use . This Ordinance when originally drafted talks
in terms of when a non-conforming use has been abandoned . Some
court decisions have interpreted the term abandoned to mean more
than just the ceasing of operations . In other words , it has to be
not only -the discontinuation of the operation but also with the
intent to not resume the operation . We have suggested that the
section be amended to just simply make it a discontinuance , if the
use is discontinued for a period of a year that constitutes an
abandonment . The person still has access to the Board of Zoning
Appeals to extend the time of the deemed abandonment or request a
variance to reinstate what was previously a non-conforming use .
As no one in the public wished to speak , the Supervisor closed the
public hearing .
LOCAL LAW NO . 16 - 1991
Motion by Councilman Niklas ; seconded by Councilman Whitcomb ,
LOCAL LAW 140 . 16 - 1991
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING
ABANDONMEMC OF NON-CONFORMING USES
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 XII , Section 53 , is amended to read as follows :
"SECTION 53 . Abandonment of Use . A non-conforming use that
has been discontinued for a period of one year shall not be
re-established and shall not be replaced by another
non-conforming use . Thereafter the use shall be in conformity
with the provisions of this ordinance . Notwithstanding the
m�
,ism ner��t��nars��n���oen�smas��u�
Town Board Minutes 24 October 3 , 1991
foregoing , a non-conforming use that ceases to operate because
of a national emergency or because of temporary government
restrictions may be resumed within a period of one year fram
the time that such emergency terminates or such restrictions
are removed .
2 . Thin local law shall take effect upon its publication as
required by law .
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 . 16 - 1991 was thereupon declared duly adopted .
ORDER FOR PUBLIC HARING IN THE MATTER OF PROVIDING OF A PROPOSED
WATER SUPPLY IMPROVff= AND THE ESTABLISHMENT OF A PROPOSED SUPPLY
IMPROVEMENT TO BE KNOWN AS SOUTHERN CAYUGA LAKE INTERMUNICIPAL
WATER CommISSION ZEBRA MUSSEL CONTROL SYSTEM 1191 IN THE TOWN OF
ITHACA , TCNPKINS COUNTY , NEW YORK , PURSUANT TO ARTICLE 12-B OF THE
TOWN LAW
Proof of posting and publication of a notice of order for a public
hearing in the matter of providing of a proposed water supply
improvement and the establishment of a proposed supply improvement
to be known as Southern Cayuga Lake Intermunicipal Water Commission
Zebra Mussel Control System 1991 in the Town of Ithaca , Tompkins
County , New York , pursuant to Article 12-B of the Town Law having
been presented by the Town Clerk , the Supervisor opened the public
hearing .
As no one in the public wished to speak , the Supervisor closed the
public hearing .
RESOLUTION N0 . 253
Motion by Councilman Niklas ; seconded by Councilman Liguori ,
WHEREAS , zebra mussels have been imported into the United States
from overseas and have posed a substantial threat to water intake
facilities at water supply establishments in the Great Lakes area ,
and
WHEREAS , zebra mussels have been found at the north end of Cayuga
Lake , and
WHEREAS , it is anticipated that zebra mussels will spread and grow
throughout Cayuga Lake within the near future , and
WHEREAS , the Southern Cayuga Lake Intermunicipal Water Commission
has investigated possible techniques for protecting the water
intake facilities of the Commission from damage or complete
blockage from the infestation of zebra mussels , and
WHEREAS , a project entitled " Zebra Mussel Control Project " has been
devised through the auspices of the Southern Cayuga Lake
Town Board Minutes 25 October 3 , 1991
IntermunLcipal Water Commission for controlling the zebra mussel
problem , which project consists of a mechanism for chlorinating the
intake system at the Southern Cayuga Lake Intermunicipal Water
Commission water filtration plant , and
WHEREAS , the proposal to construct the Zebra Mussel Control Project
is a Type I action under the State Environmental Quality Review Act
( "SEQR" ) , and
WHEREAS , the Southern Cayuga Lake Intermunicipal Water Commission ,
acting as lead agency , has made a determination of negative
significance of the project on the environment , and
WHEREAS , the Town Board of the Town of Ithaca has reviewed the
long-form EAF prepared for the Southern Cayuga Lake Intermunicipal
Water Comni.ssion and concurs in such finding ,
NOW THEREFORE IT IS HEREBY RESOLVED , that the Town of Ithaca
concurs in the designation of the Southern Cayuga Lake
Intermunicipal Water Commission as lead agency for the purposes of
the environmental review of the Zebra Mussel Control Project , and
IT IS FURTHER RESOLVED , that the Town of Ithaca hereby confirms ,
ratifies , and accepts the finding of the Southern Cayuga Lake
Intermunic:ipal Water Commission that said project will have no
significant effect upon the environment , and the Town Board so
finds .
( RaffenspErger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
Town Attorney John Barney stated that this was a project to arrest
the development of the zebra mussel on the water intake pipe at
Bolton Point . We are proceeding with this by an intermunicipal
agreement which is what governs Bolton Point and a supplement to
that agreement . In order for the Town of Ithaca to do this we have
to establish a townwide improvement area , called in this instance
the Zebra Mussel Control Project Water Improvement Area to fund our
roughly $ 155 , 000 share of this project . This is subject to a
permissive referendum so in 30 days , if you adopt this Order , you
will need to adopt a bonding resolution .
RESOLUTION N0 . 254
Motion by Supervisor Raffensperger ; seconded by Councilman Niklas ,
In the Matter of
a Proposed Water Improvement in the
Town of Ithaca , Tompkins County PUBLIC
New York , pursuant to Article 12-C INTEREST
of the Town Law to be known as ORDER
the Zebra Mussel Control Project
Water Improvement Area of the
Town of Ithaca
-------------------------------------
WHEREAS , the Town Board of the Town of Ithaca , Tompkins County , New
York , in conjunction with the Village of Lansing and the Village of
Cayuga Heicrhts , and the Towns of Lansing and Dryden , has determined
and agreed to participate in the provision of a joint water project
for zebra mussel control and to contract joint indebtedness
therefor in accordance with Section 15 . 00 of the Local Finance Law
Town Board Minutes 26 October 3 , 1991
pursuant to a Supplement to Agreement of Municipal Cooperation for
Construction , Financing and Operation of an Inter-Municipal Water
Supply and Transmission System dated as of October 15 , 1991 ( the
" Intermunicipal Agreement Supplement " ) , and
WHEREAS , a map , report and plan , including an estimate of cost ,
have been duly prepared in such manner and in such detail as has
heretofore been determined by the Town Board of the Town of Ithaca ,
Tompkins County , New York , relating to the purchase and
installation of a sodium hypochlorite chemical feed system at the
Raw Water Pump Station at Bolton Point , in the Village of Lansing ,
together with approximately 400 linear feet of 6-inch carrier pipe
containing 1-inch chemical feed and sample lines , chlorine defuser
rings , a protective shroud mounted on the intake screen structure
and other incidental improvements and expenses necessary in
connection therewith , to serve a benefitted area in said Town to be
known as the Zebra Mussel Control Project Water Improvement Area of
the Town of Ithaca whose boundaries shall consist of the areas
specified in Appendix A as attached hereto and hereby made a part
thereof , as more fully shown upon a map on file in the office of
the Town Clerk , which map is available for inspection by any person
or persons interested in same during regular office hours at said
office ; and
WHEREAS , said map , plan and report , including estimate of cost ,
were prepared by a competent engineer , duly licensed by the State
of New York and have been filed in the office of the Town Clerk of
said Town , where the same are available during regular office hours
for examination by any person or persons interested in the subject
matter thereof ; and
WHEREAS , the capital improvements proposed in connection with the
establishment of the Zebra Mussel Control Project Water Improvement
Area of the Town of Ithaca consist of the purchase and installation
of a sodium hypochlorite chemical feed system at the Raw Water Pump
Station at Bolton Point , in the Village of Lansing together with
approximately 400 linear feet of 6 -inch carrier pipe containing
1-inch chemical feed and sample lines , chlorine defuser rings , a
protective shroud mounted on the intake screen structure and other
incidental improvements and expenses necessary in connection
therewith , at an initially determined maximum estimated cost to
said Improvement Area of $ 155 , 607 , it being determined that ( 1 )
the additional $ 144 , 393 of the $300 , 000 aggregate maximum estimated
cost shall be initially apportioned and allocated to the Villages
of Lansing and Cayuga Heights and water districts in the Town of
Lansing and Dryden and that ( 2 ) joint indebtedness shall be issued
therfor and that ( 3 ) the ultimate share of the cost to be
allocated to the Town of Ithaca pursuant to the aforedescribed
Intermunic1pal Agreement Supplement shall be determined on the
basis of benefits received or conferred or to be received or
conferred from the aforesaid improvement ; and
WHEREAS , said $ 300 , 000 maximum estimated cost shall be authorized
to be financed by the joint issuance by the Town of Ithaca , with
the Towns of Dryden and Lansing and the Villages of Cayuga Heights
and Lansing , of joint serial bonds with a maximum maturity not in
excess of the forty year period prescribed by the Local Finance
Law ; and
WHEREAS , said maximum estimated cost , both as to the Town of Ithaca
of $ 155 , 607 and as to the aggregate $ 300 , 000 , is not greater than
one-tenth of one per centum of the full valuation of taxable real
property in the area of the Town of Ithaca outside of any villages ;
and
Town Board Minutes 27 October 3 , 1991
WHEREAS , it is proposed that the cost of the aforesaid improvements
apportioned and allocated to the Town of Ithaca Zebra Mussel
Control Project Water Improvement Area shall be borne by the real
property in said Water Improvement Area by assessing , levying upon
and collecting from the several lots and parcels of land within
said Water Improvement Area , outside of any village , which the Town
Board shall determine and specify to be especially benefited by the
improvements , an amount sufficient to pay the Water Improvement
Area ' s allocable share of the principal and interest on joint
serial bonds and joint bond anticipation notes issued in
anticipation of the issuance of joint serial bonds , as the same
become due and payable ; and
WHEREAS , the aforesaid improvements have been determined to by a
Type I Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to
the State Environmental Quality Review Act , the implementation of
which as proposed , the Town Board has determined will not result in
any significant environmental effects ; and
WHEREAS , the Town Board of the Town of Ithaca duly adopted an Order
on September 9 , 1991 calling a public hearing upon said plan ,
report and map including an estimate of cost and the question of
providing water supply improvements to be known as the Zebra Mussel
Control Project Water Improvement Area , such public hearing to be
held on the 3rd day of October , 1991 , at 7 : 30 o ' clock , P . M . ,
Prevailincr Time , at the Town Hall , 126 East Seneca Street , in
Ithaca , New York , in said Town , at which time and place all persons
interestedl in the subject thereof could be heard concerning the
same , and
WHEREAS , notice of said public hearing was duly posted and
published as required by law, and
WHEREAS , said public hearing was duly held at the place and at the
time aforesaid and all persons interested in the subject thereof
were heard concerning the same , and
WHEREAS , it is now desired to authorize the improvement to be known
as the Zebra Mussel Control Project Water Improvement Areal
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca , Tompkins County , New York as follows :
Section 1 .. It is hereby determined that it is in the public
interest to establish said Zebra Mussel Control Project Water
Improvement Area and to make the water improvement hereinafter
described and such water improvement is hereby authorized . The
proposed area hereby determined to be benefitted by said Zebra
Mussel Control Project Water Improvement Area is all of that
portion of the Town of Ithaca outside of the Village of Cayuga
Heights as set forth in Appendix A annexed hereto and made a part
hereof .
Section 2 . The proposed improvement shall consist of the Zebra
Mussel Control Project Water Improvement Area ' s allocable share of
the purchase and installation of a sodium hypochlorite chemical
feed system at the Raw Water Pump Station at Bolton Point , in the
Village of Lansing together with approximately 400 linear feet of
6-inch carrier pipe containing 1 -inch chemical feed and sample
lines , chlorine defuser rings , a protective shroud mounted on the
intake screen structure and other incidental improvements and
expenses necessary in connection therewith , at an initially
determined maximum estimated cost to said Improvement Area of
$ 155 , 6071 it being determined that ( 1 ) the additional $ 144 , 393 of
the $ 300 , 000 aggregate maximum estimated cost shall be initially
Town Board Minutes 28 October 3 , 1991
apportioned and allocated to the Villages of Lansing and Cayuga
Heights and water districts in the Town of Lansing and Dryden and
that ( 2 ) joint indebtedness shall be issued therefor and that ( 3 )
the ultimate share of the cost to be allocated to the Town of
Ithaca pursuant to the aforedescribed Intermunicipal Agreement
Supplement shall be determined on the basis of benefits received or
conferred or to be received or conferred from the aforesaid
improvement . The method of financing of said cost shall be by the
issuance of joint serial bonds of said Town of Ithaca together with
the Towns of Lansing and Dryden and the Villages of Lansing and
Cayuga Heights to mature in annual installments over a period not
exceeding forty years , and by the issuance of joint bond
anticipation notes issued in anticipation of the issuance of joint
serial bonds . The Town of Ithaca ' s allocable share of such bonds
and bond anticipation notes shall be payable from assessments
levied upon and collected from the several lots and parcels of land
deemed benefited from said improvement and located in said Zebra
Mussel Control Project Water Improvement Area , so much upon and
from each as shall be in just proportion to the amount of the
benefit which the improvement shall confer upon the same .
Section 3 _ It is hereby determined that the estimated expense of
the aforesaid improvement does not exceed one-tenth of one per cent
of the full valuation of the taxable real property in the area of
said Town outside of villages and , therefore , in accordance with
the provisions of the State Comptroller is not required for such
improvement .
Section 4 . Pursuant to subdivision 6 ( d) of Section 209-q of the
Town Law, the Town Clerk is hereby directed and ordered to cause a
certified copy of this resolution to be duly recorded within ten
day of the date of adoption in the Office of the Clerk of the
County of Tompkins , which when so recorded , shall be presumptive
evidence of the regularity of the proceedings and action taken by
the Town Board in relation to the aforesaid improvement .
Section 5 . It is hereby further determined that all of the
allocable cost of the aforesaid improvement shall be borne wholly
by property within the Zebra Mussel Control Project Water
Improvement Area , being the entire area of the Town outside of any
village .
Section 6 . This order is adopted subject to permissive referendum .
The question of the adoption of the foregoing resolution was duly
put to a vote on roll , which resulted as follows :
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 resolution was thereupon declared duly adopted .
APPENDIX A
AREA BENEFITED
The area to be benefited by the Zebra Mussel Control Project will
be all of the area of the Town of Ithaca outside the Village of
Cayuga Heights .
Town Board Minutes 29 October 3 , 1991
Town Attorney Barney noted that there was one more resolution which
relates -to the authorization for the Supervisor and the Town Board
members to sign the supplemental agreement with the Commission .
RESOLUTION N0 , 255
Motion by Councilman Niklas ; seconded by Councilman Whitcomb ,
WHEREAS , the Town Board of the Town of Ithaca held a public hearing
on the zu endment to the intermunicipal agreement to permit the
construction of the Zebra Mussel Control Project , and
WHEREAS , the Town Board has heard those person interested in said
agreement ,
NOW THEREFORE IT IS RESOLVED , that the Town Board of the Town of
Ithaca enter into the proposed supplement to agreement of municipal
cooperation for construction , financing , and operation of an
inter-municipal water supply and transmission system which
supplement relates to the joint construction , financing , and
operation of the Zebra Mussel Control Project for the Southern
Cayuga Lake Intermunicipal Water Commission facility near Bolton
Point on Cayuga Lake , which agreement will be with the Village of
Lansing , the Village of Cayuga Heights , the Town of Lansing , and
the Town of Dryden , and which agreement anticipates the expenditure
of up to 1? 300 , 000 for such project and provides for the financing ,
allocation of the debt , and allocation of the operating and
maintenance expenses for such project ; and
IT IS FURTHER. RESOLVED , that if no permissive referendum is sought
pursuant to the public interest order being adopted substantially
concurrently with this resolution within the statutorily prescribed
period , the Town Supervisor and members of the Town Board are
hereby authorized to execute on behalf of the Town of Ithaca and on
behalf of the Zebra Mussel Control Project water improvement area
the said Supplement to Agreement , and
IT IS FUR'.MR RESOLVED , that the Town Supervisor , Town Engineer ,
Attorney for the Town , and other officers of the Town are hereby
authorized to take such further steps and to execute such
additional documents as may be necessary or appropriate in order to
effectuate the foregoing resolution .
( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
EXECUTIVE SESSION
RESOLUTION N0 . 256
Motion by Supervisor Raffensperger ; seconded by Councilman Niklas ,
RESOLVED the Town Board of the Town of Ithaca hereby moves
into Executive Session to discuss possible litigation .
(Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none) .
OPEN SESSION
RESOLUTION N0 . 257
Motion by Councilman Niklas ; seconded by Supervisor Raffensperger ,
Town Board Minutes 30 October 3 , 1991
RESOLVED ,, that the Town Board of the Town of Ithaca hereby moves
back into Opens Session .
( Raffensperger , Whitccmb , Leary , Klein , Liguori , Valentino and
Niklas voting Aye . Nays - none ) .
ADJOURNMENT
The meeting was duly adjourned .
Town Clerk