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HomeMy WebLinkAboutTB Minutes 1991-12-09 K 1 TOWN OF ITHACA TOWN BOARD MEETING December 9 , 1991 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 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 : John Barney , Town Attorney Dan Walker , Town Engineer Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector / Zoning Officer Floyd Forman , Town Planner Linda Nobles , Assistant Budget Officer Laura Marks , 302 King Road East Susan Beeners , 20 Bald Hill Road Candace Cornell , 1456 Hanshaw Road Paul Jacobs , 182 Calkins Road W . F . Albern , Sunnyslope Terrace Nancy Zahler , 301 Dates Drive Bob Yavits , # 3 , 611 Winston Court Dave Auble , 380 Coddington Road D . J . Moses , NCR Corporation MEDIA PRESENT : Greg Williams , WHCU PLEDGE OF ALL13GIANCE Supervisor Raffensperger led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor Raffensperger reported that on December 8 , 1992 , the Town of Ithaca received the final sales tax payment that will be paid during 1992 . The amount of the payment was $ 316 , 736 . 00 bringing the total for the year to $ 1 , 323 , 488 . 00 , for an increase of a little over $ 31 , 000 over 1990 . Sales tax revenues in 1990 and 1991 still are less than the amount received in 1989 . Supervisor Raffensperger also reported that she had written a letter to James Mason , Chairman of the Tompkins County Board of Representatives , commenting on the plan to increase the sales tax levy by one cent . She had expressed her opinion that the county should plan to share that additional revenue with local municipalities , either under the present model or on the basis of population in 1993 which would be the first full year for the additional revenues . She also believes that the county plans to set up a study group to look at the question of an increase of the sales tax levy and its distribution . She also stated that she had attended several meetings concerning county reapportionment . Some of the proposals that were being discussed cut in to the Town of Ithaca in several different areas . She had requested the committee consider the integrity of the borders of the Town of Ithaca as worthy of respect as the borders of any other municipality , for example the City of Ithaca . While the Village of Cayuga Heights and the Village of Lansing district will probably survive , it should not be so large as to require any other piece of the Town of Ithaca to be joined to i I Town Board Meeting 2 December 9 , 1991 another municipality to even up the numbers . Statistically , the Town of Ithaca could justify having three representatives just within its own boundaries . The budgetary problems of the City of Ithaca spilled over in to the Town concerning the budget for the fire department and the City ' s contractual arrangement with the Town . Supervisor Raffensperger attended a meeting with the Fire Commissioners and she believed that the final budget for the fire department will allow reasonable services to volunteers and an adequate and equitable level of service in spite of some of the surrounding rhetoric . Supervisor Raffensperger commented that the public hearings scheduled foIr this meeting will not be held as they were not posted and published as required . Discussion will be held on the public hearings and she asked that the public hearings be rescheduled for the January 13 , 1992 Town Board meeting . Supervisor Raffensperger expressed to Jean Swartwood , Town Clerk , the board ' s I sympathy on the death of her husband , Fred Swartwood on November 251 19910 Town Highway Superintendent ' s Report Town Highway Superintendent Scott McConnell reported that in November , nearly one third of the man hours worked by the Highway Department were spent doing leaf pick up . They encountered several difficulties , the largest being the weather . It snowed during the first day of pickup , and snow piled on top of the leaves was a major factor for several days following . Once the snow was gone , we had the rain to help keep everyone ' s spirits high and keep the leaves from blowing around . All the leaves were picked up within the scheduled two week period . The next largest area of work was on water works repair . One valve pit was removed . One fire hydrant was installed , one hydrant replaced , repaired two water main breaks and repaired a shut off valve . All of this work took a total of 311 . 5 man hours . In preparation for the winter season , they had salt delivered and sand was hauled in and mixed with the salt . This work took a total of 245 man hours . Work began on the Forest Home downstream bridge on Monday , November 25th . The bridge should be reopened sometime this week , after it has been completed , checked for safety and possibly have some advisory signs posted . The remainder of the work done was on machinery maintenance and general road repairs . December projects will include working on Mitchell Street sidewalk , placing shoulder material on Whitetail Drive and doing preliminary work on some roads scheduled for work in 1992 . Town Engineer ' s Report Town Engineer Dan Walker reported that the capital improvement projects have been keeping the engineering department busy . Site restoration work on West Hill has been completed including some additional work which was requested of the contractor by the Town including driveway culvert replacements and expanding pavement on some of the driveways . Work has started on the water meter pit and the total installation should be completed in January of 1992 . All water mains and sewer lines are in at Inlet Valley . Engineer Walker also stated that the Town of Ithaca has been working with Tompkins County , The City of Ithaca , NYSEG , and Cornell University on a mapping , which includes setting up a survey I I Town Board Meeting 3 December 9 , 1991 monument system . The survey control for the project has been completed 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 . Engineer Walker updated the board on the principal activities of the Engineering Department which includes the development of an updated water service with the city of Ithaca and an inventory of water repair trends and costs . An inventory of sewer conditions and needed maintenance is being developed to be used for system maintenance and upgrade planning . Building Inspector / Zoning Officer ' s Report Building Inspector / Zoning Officer Andrew Frost reported that for the month of November he had issued 23 building permits and 9 certificates of occupancy and an investigation of 9 complaints . For the month of November , 102 field visits were conducted . Town Planner ' s Report Town Planner Floyd Forman presented the following synopsis of Planning Department activity for the period of November 8 thru December 9 , 1991 : Comprehensive Plan Planning staff , in cooperation with the Comprehensive Planning Committee ( CPC ) and Stuart I . Brown Associates continued work on the Comprehensive Plan . The focus for this month was development of policies for the plan and their review by the CPC . In order to keep the Planning Board informed of Comprehensive Planning activities , minutes of the CPC meetings are being sent to the Planning Board . Planning Board Planning staff prepared the second quarter of reimbursement package for submittal to the Department of Environmental Conservation . Staff also made revisions to the draft Conservation Open Space Maps . Codes and Ordinances Committee COC will meet on December 18th at which time they will be working on the following changes to the Zoning Ordinance : changes to the section on Special Permits , a new section on Landscaping and continuing to work on Environmental Protection Overlay Districts ( EPODS ) . Miscellaneous Planning staff'_ attended the NY Planning Federation Conference at the Nevele , in Ellenville , NY , a Wetlands Conference at Cornell and an Open Space Conference held at the Cooperative Extension Building . Both planning and engineering staff spent time reviewing and commenting on the Peregrine Hollow Subdivision from the Town of Dryden , including attendance at a night meeting in Dryden . This subdivision is located on Snyder Hill Road and abuts Eastern Heights Park . Staff continued to assist the Town Supervisor with reviewing the work of the County Reapportionment Committee . The Town Planner also stated that the Town now has a signed easement from Orlando Iacovelli as it relates to the South Hill Recreation Way . REPORT OF TOWN COMMITTEES i Town Board Meeting 4 December 9 , 1991 Comprehensive Planning Committee Councilman David Klein reported that some progress is being made with the SEQR processes and timelines . Codes and Ordinances Committee Councilman Karl Niklas reported that at their next meeting the committee will begin discussion of the EPODS for steep slopes . American Community Cablevision Councilwoman Catherine Valentino stated that a preliminary meeting had been held to discuss the renewal of the franchise between the Town of Ithaca and American Community Cablevision . The items which were discussed were the possibilities of discounts for senior citizens and problems with extending the television cable in subdivisions . She has received some guidelines regarding these items . She also stated that she had informed them that the Town was looking at the probability of increasing the franchise fee . Conservation Advisory Council Councilman John Whitcomb reported that Betsy Darlington , Chairperson of the City of Ithaca Conservation Advisory Council , contacted him regarding the spraying of pesticides along the railroad beds in Ithaca . She will meet with representatives from Conrail and Monsanto on Wednesday , December 11 at 9 : 30 a . m . at City Hall and Councilman Whitcomb suggested that Rich Schoch , Town of Ithaca ' s Parks and Open Space Manager attend the meeting as well . Councilman John Whitcomb also gave an extensive presentation to the board and the public on the 1991 Town of Ithaca Open Space Report , which was recently completed by the Conservation Advisory Council . A copy of the report will be available to the public for a $ 3 . 00 fee from the Town Clerk ' s Office . Councilman Whitcomb expressed his sincere thanks to all of the people on the Conservation Advisory Council for their many thousands of hours of work to complete this report . Supervisor Raffensperger stated that the board sincerely appreciates the intense effort put forth by all involved with this report and thanked them for their diligence . Discussion followed on the floor regarding various aspects of the report . PUBLIC INFORMATION MEETING AND TRANSMITTAL OF 1991 TOWN OF ITHACA OPEN SPACE REPORT RESOLUTION N0 . 294 Motion by : Supervisor Raffensperger Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby requests that the Conservation Advisory Council transmit to the Town of Ithaca Planning Board and to the Town of Ithaca Comprehensive Planning Committee , a copy of the 1991 Town of Ithaca Open Space Report for their comments and recommendations and that the Conservation Advisory Council hold a public informational meeting , to be scheduled for mid February 1992 , in order to obtain public comment on the document before the Town Board considers the acceptance and approval of the 1991 Open Space Index for the Town of Ithaca . CARRIED UNANIMOUSLY i Town Board Meeting 5 December 9 , 1991 AUTHORIZATION FOR THE TOWN OF ITHACA TO PAY THE EMPLOYEE SHARE OF HEALTH INSURANCE PREMIUM INCREASE FOR DECEMBER 1991 RESOLUTION NO . 295 Motion by : Councilman Niklas Seconded by : Councilwoman Leary WHEREAS , employee and retiree health and dental insurance premiums are paid one month in advance of the coverage period , and WHEREAS , the health and dental insurance premiums have increased by 12 . 6 % and 19 . 9 % respectively , beginning December 1991 for January 1992 coverage , and WHEREAS , applying this increase to employee salaries in December 1991 would result in less take - home pay , now therefore be RESOLVED , that the Town Board of the Town of Ithaca , as it has in past years , hereby authorizes the Town to pay the employees portion of the increase in health and dental insurance premiums for the month of December 1991 ; the total amount of this subsidy not to exceed $ 650 . 00 . CARRIED UNANIMOUSLY APPROVAL OF FLOATING HOLIDAY FOR 1992 RESOLUTION NO . 296 Motion by : Councilwoman Valentino Seconded by : Councilman Niklas WHEREAS , a recent poll of Town of Ithaca employees indicated their preference for the 1992 floating holiday with the majority of employees electing Thursday , December 24 , 1992 as the floating holiday for the coming year now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves the floating holiday for 1992 as Thursday , December 24 , 1992 . CARRIED UNANIMOUSLY MODIFICATION OF THE TOWN OF ITHACA ' S BEREAVEMENT LEAVE POLICY RESOLUTION N0 . 297 Motion by : Councilman Niklas Seconded by : Councilwoman Leary WHEREAS , the Town ' s current bereavement policy has a very narrow definition of " immediate family " and some recent situations have pointed out the need for modifications of this policy , and WHEREAS , the five - day leave currently allowed is seldom used , except in extreme circumstances where additional leave would also be needed , and WHEREAS , the Personnel Committee reviewed the current policy and several other employers ' policies at its November 20th meeting and has drafted and recommends the following Bereavement Leave Policy : In the event of a death in your immediate family a bereavement leave of three days with pay is allowed . An employee may request a Personal Leave of Absence ( see page 5 of the Town of Ithaca Personnel Manual - Leaves of Absence ) , if additional leave is needed . " Immediate family " includes : parents ( also i I I Town Board Meeting 6 December 9 , 11991 foster land stepparents ) , children , spouse brothers and sisters , parents - in - law sons / daughters - in - law , grandparents and grandchildren . ( Others living in your household also may be considered as immediate family . ) I now therefore be it RESOLVED , Ithat the Town Board of the Town of Ithaca hereby approves the bereavement leave modifications ; does hereby adopt this revised policy as the Town of Ithaca Bereavement Leave Policy , effective January 1 , 1992 ; and authorizes the inclusion of this policy in the Town ' s Personnel Manual upon the effective date . CARRIED UNANIMOUSLY I CHANGE IN JOB DESCRIPTION FOR HIGHWAY LABORER RESOLUTION N0 . 298 Motion by : ICouncilman Niklas Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby approves the change in the job description for the highway laborer Position omitting the requirement for a Class III driver ' s license and adding the requirement for some experience with construction tools and equipment . I CARRIED UNANIMOUSLY RATIFICATION OF ADVERTISING FOR HIGHWAY LABORER I i RESOLUTION N0 . 299 i Motion by : Supervisor Raffensperger Seconded by : Councilman Klein WHEREAS , the Town Board of the Town of Ithaca approved the 1992 Budget at its November 7th meeting ; this budget included the funds for hiring of a Highway Laborer to replace a retiring Mechanical Equipment Operator , and WHEREAS , the Highway Superintendent wanted to have this position filled by December 31 , 1991 , to ensure a full staff would be on hand for snow removal operations throughout the winter season , and I WHEREAS , in order to fill this vacancy in a timely manner the advertising had to be done by late November for interviews to occur the week of December 9 , 1991 , and a hiring decision by December 31 , 1991 , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby ratify the advertisement of the Highway laborer vacancy and the _ filling of This vacancy according to the schedule noted above . CARRIED UNANIMOUSLY I APPROVAL OF OPERATING GUIDELINES FOR THE JOINT YOUTH COMMISSION Mr . Bob Yavits , member of the Tompkins County Youth Board , reviewed the contents of the operating guidelines of the Joint Youth Commission and addressed various questions from the Town Board members . i Town Board Meeting 7 December 9 , 1991 Nancy Zahler , Director of the Tompkins County Youth Bureau , commented on how the terms of office are arrived at for the commission members . RESOLUTION NO , 300 Motion by : Councilwoman Valentino Seconded by : Councilman Klein RESOLVED , that the Town Board of the Town of Ithaca hereby approves of the Operating Guidelines for the Joint Youth Commission CARRIED UNANIMOUSLY PUBLIC HEARINGS As Supervisor Raffensperger stated earlier , the public hearings scheduled for this evening will not be held as they were not posted or published as required , however , the Town Board is prepared to discuss the proposals this evening and will hear comments from the floor . The public hearings will be rescheduled for the January 13 , 1992 Town Board meeting . ADJOURNED PUBLIC HEARING - 7 : 00 P . M . Consider Amending Local Law # 6 , 1987 ( Collegeview Mobile Home Park ) Bill Albern , Engineering Consultant to Paul Jacobs , owner of Collegeview Mobile Home Park , presented a proposal to the Town Board to increase from 52 to 65 the number of units in Collegeview Mobile Home Park . He elaborated on the design of the project and stated he had received engineering approval from the Department of Health and from Bolton Point . Supervisor Raffensperger remarked that this proposal came before the board earlier in the year in the form of a recommendation from the Town of Ithaca Planning Board , recommending an increase in the number of permitted lots in the subdivision at which time the Town Board chose to wait until public water and sewer was available before considering the approval of additional units . Dan Walker commented that the resolution from the Planning Board in June 1990 was approved , contingent upon access to municipal water and connecting the municipal water to the entire mobile home park . One of the main reasons for that requirement was to eliminate the potential for cross connections . Other contingencies were the approval from the health department and from Bolton Point which Mr . Albern states have been met . The Town has not yet received this confirmation in writing from those agencies but does not anticipate any problems getting them . The 13 new lots will be connected immediately to the municipal sewer and then the connections of existing lots of current and functional on site disposal systems , should be done within the next five ( 5 ) years . He feels this needs to be done to eliminate a potential public health problem . Town law requires homes , when municipal sewer is available to homeowners , they must connect within tens years , however , with the density of the mobile home park , it is important to have it connected to the sewer sooner . He feels that five years is an adequate time period without putting undue cost on the developer . If there is any inadequate sewage disposal facilities found by the health department those facilities will need to be connected immediately , or at least by July 1 , 1992 . Standard Health Department regulations state that if a private system fails and public sewer is available , it must be connected to the public system immediately . J i Town Board Meeting 8 December 9 , 1991 Further discussion followed on the floor regarding the water and sewer systems . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW # 60 1987 , ( COLLEGEVIEW MOBILE HOME PARK . ) RESOLUTION NO . 301 Motion by : Councilman Liguori Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on January 13 , 1992 , to consider a local law amending Local Law # 6 , 1987 , to permit an increase from 52 to 65 the number of units in Collegeview Mobile Home Park . CARRIED UNANIMOUSLY ADJOURNED PUBLIC HEARING - 7 : 30 P . M . Consider a Local Law Amending the Town of Ithaca Zoning Ordinance to provide for Minimum Open Space Requirements In Business Districts Town Planner Floyd Forman stated that the key items to look at in the proposed legislation is maximum building coverage being no more than 300 of the lot and that minimum useable open space shall not be less than 300 of the lot area . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO PROVIDE FOR MINIMUM OPEN SPACE REQUIREMENTS IN BUSINESS DISTRICTS RESOLUTION # 302 Motion by : Councilman Niklas Seconded by : Councilman Whitcomb RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 p . m . , January 13 , 1992 to consider a local law amending the Town of Ithaca Zoning Ordinance to provide for minimum open space requirements in business districts . CARRIED UNANIMOUSLY ADJOURNED PUBLIC HEARING - 7 : 45 P . M . Consider a Local Law Amending the Town of Ithaca Zoning Ordinance relating to permits for distributing fill and authorizing issuance of permits by the Town Engineer in certain circumstances . Attorney Barney stated that there are two major changes . One is that the Town Engineer will have the authority to issue fill permits when dealing with diminutive amounts of fill . The other major change is if in the course of obtaining a site plan , subdivision , or fill permit , there will be a review of where the fill will be removed to . Case in point is when Ithaca College started their road construction , they were taking the fill out and depositing it in several different places in the Town . They obtained approval of the site plan but never got approval on where the fill would be moved to . This proposed legislation covers that loop hole . i i Town Board Meeting 9 December 9 , 1991 SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PERMITS FOR DISTRIBUTING FILL AND AUTHORIZING ISSUANCE OF PERMITS BY THE TOWN ENGINEER IN CERTAIN CIRCUMSTANCES . RESOLUTION # 3103 Motion by : Councilman Niklas Seconded by : Councilman Whitcomb RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 45 p . m . , on January 13 , 1992 to consider a local law amending the Town of Ithaca Zoning Ordinance relating to permits for distributing fill and authorizing issuance of permits by the Town Engineer in certain circumstances . Discussion followed on the floor . Councilman Niklas responded by saying that this proposal was provoked a couple of months ago as the COC had detected a loop hole in the present legislation . In the process of filling the loop hole , they wanted to give some discretion to Town staff , mainly the Town Engineer ,, to deal with comparatively small amounts of " stuff " that is collectively defined in this law as fill . Councilman Whitcomb questioned the part in the proposed legislation which speaks Ito fill being deposited as part of a public work . Councilman Niklas responded by saying that it states that " except in connection with the public work on the property of the removal of silt or other recently etc . . . . " This is right under Section 70 and he believes that was in the original piece of legislation and was to exempt us from our own law . He explained that there are extenuating circumstances and we assume that anything the Town does meets with the Town Engineer ' s approval . Councilman Whitcomb eluded to the fact that a situation arose recently where the Town was cleaning fill out of a variety of places and depositing it on a piece of private land . He asked if this would be considered a " public work " or is it a private project ? Supervisor Raffensperger explained that it would be a public work as long as the Town is doing it and it would be private if the property owner did it . Building Inspector / Zoning Officer Andrew Frost explained that in that particular case there was private material as well as Town material going in to the site and the property owner was made aware that the private portion was required to be permitted and the public portion was not . Councilman Whitcomb wanted to make it clear that what troubled him was that suppose the Town had continued to deposit fill there and deposited thousands of cubic yards . The property owner had it in the back of his mind , as he understood it , putting in enough fill to create a road and / or driveway , as long as the Town had deposited the fill for him , he was exempted from this . He could have created a road without approval from any Town Planning Board or other municipal body simply by giving the Town the opportunity or place to dispose of it ' s excess fill . Councilman Niklas stated that even before all of this occurred , it was the Codes and Ordinance Committee ' s intent to exempt Town activities from requiring a permit of itself . Councilman Whitcomb responded by saying that what they meant by Town activities was repairing Town roads or fixing a bridge wash out or somethiing of that nature not necessarily doing something which would also benefit the private landowner without having some Town Board Meeting 10 December 9 , 1991 kind of approval . Councilman Nliklas stated that he thinks the argument is a question of discretion and responsibility . The theory is that the Town is responsible . Councilwoman Leary responded stating that as a general rule , she does not like laws that are enacted by government bodies which exempt themselves . Attorney Ba � ney stated that for example , in the building code , the Town does its own inspections even if the buildings were in another municipality . For instance , if we were to build a town highway barn in Lansing , we would be entitled , as the municipality constructing it , to do our own inspections on it . There are certain benefits that are given to being a municipality . He went on to say the problem he has with this item is that the highway department in particular , is involved daily , with the movement of fill but by the time you accumulate all materials in the course of a week or so , you could hit the thresholds . The question is whether or nlot you want to put the trust in your highway department so as not to cause a major ecological problem or whether you want them to go through the requirements of filing a fill plan , drainage , erosion control and so on before they start in on their highway work . Councilman Liguori expressed his desire to allow the Highway Superintendent to use his own discretion . If he can anticipate that it is going to be something greater than 50 cubic yards , then he should inform the private landowner that he will need to obtain a permit for the fill , if the individual solicits for the fill . Further discussion followed with the Highway Superintendent asking for clarification of his duties with regard to this proposed legislation ) He stated that he will inform property owners who solicit fill from the Town however he feels that it is still the property owners ' responsibility to follow up with the necessary permits . It was the general consensus of the Board that this action would be appropriate . A vote on the resolution resulted as follows : CARRIED UNANIMOUSLY ADJOURNED PUBLIC HEARING - 8 : 00 P . M . Consider a Local Law repealing Local Law # 2 of the year 1970 and establishing revised ethics rules applicable to Town of IthacalOfficers and Employees Attorney Barney addressed the revisions made to the proposed local law . Section 2 ( B ) amends the definition of family to include an official ' s or employee ' s spouse and then following child , step - child etc . . were limited to those who are actually residing with the official or employee . In Section 3 ( A ) there were references to candidates and political party officials operating in the town . This reference was deleted . In Section 3 ( C ) , the term " significant " financial interest was added . This was purported to define " significant financial interest " as an ownership interest of more than 100 or security interest of more than $ 100 , 000 . This type of language is repeated in various places in the legislation . For Section 3 ( C ) ( iv ) , the $ 5 , 000 income does not only apply to the employee but to a family member as well . At the end of Section 3 , items F thru J . which related to certain disclosures regarding income , debts , etc . . , were deleted per the Board ' s previous discussionsl. In Section 6 ( A ) , it was added that a person could not Town Board Meeting 11 December 9 , 1991 act as a representative before the " Town " for any entity , which before was blank and presumably could not act as a representative anywhere . Also in Section 6 ( B ) , under Conflict of Interest , the phrase " after the terms may appear before the Town " was added . It previously said " or receive compensation for services from any private employer " which was deleted . Section 6 ( C ) , previously had read that the " Town official shall exercise due diligence in avoiding conflict of interest and the appearance of conflict of interest " , and the latter phrase was deleted . In Section 7 ( A ) , which involves the question of when one takes action , if it involves a pecuniary benefit , there was a requirement previously which stated that a written statement had to be submitted with the Town Clerk for filing as a public record with the annual disclosure statement . This requirement was deleted . The phrase " the declaration will be made a part of the public record concerning the matter " was added . In Section 7 ( B ) , there was previously a provision which said " pending a decision of the Ethics Board , no vote or any other action will be taken by the referring board on the discretionary matter . The termination of conflict of interest by the Ethics Board shall bind the official in question according to Section 7 ( A ) of this law " This provision was deleted . A new paragraph C was added that " Whenever any board member becomes aware of a possible conflict of interest involving such board member or any other board member , he or she may raise the issue at the meeting and request the matter be referred to the Ethics Board hereafter created " . In Section 8 , the phrase " may be perceived as an abuse " was added and the phrase in the next sentence " It is recommended that " was also added . The last sentence in the paragraph which reads " A failure to comply with this section shall not be a violation of this local law " was added . In Section 9 , the phrase " the '.Down of Ithaca " in the last line was also added . Section 11 , the provisions which gave the Ethics Board powers of prosecution were deleted and after the words refer cases to the Town Board for consideration of whether to commence criminal prosecution or to commence suit in the Supreme Court of the State of New York on behalf etc . . . " , was added . In essence , the determination of whether a particular activity should be prosecuted was shifted from the Ethics Board to the Town Board . The phrase " The Ethics Board may establish rules for its own operations , but whether included or not , the following procedures shall pertain to it ' s activities : " with item ( i ) remaining the same , item ( ii ) , the phrase " shall , to the extent reasonably possible consistent with the other responsibilities of the Town Board . . " was added , item ( iii ) , basically states that the Town will provide space consistent with the other constraints that govern the Town . In Section il ( b ) ( i ) , the phrase it if the Ethics Board vacancy is not filled within 60 days , the state ' s Temporary Commission on Local Government Ethics shall make the appointment " was deleted . Also the phrase " the Town Board could not abolish the Ethics Board " was deleted as well . There were lengthy discussions by various Town Board members regarding the changes which were made to the proposed legislation . It was noted by Attorney Barney that these changes were a result of continued and ongoing discussions regarding this legislation at numerous other Town Board meetings . Attorney Barney went on to note other changes in the proposed legislation . Section 11 ( d ) ( v ) , the phrase " other than normal , routine , ministerial requests , such as applications for building permits , certificates of occupancy , marriage licenses , or other similar ministerial matters " was added as new language . There was previously a provision which said that " the failure to perform any of the requirements of this section would subject the Town Clerk to the penalties of this law " which was deleted . In Section 13 , at the end of the second sentence , beginning with " Notwithstanding " to the end of the paragraph , is all new language . There was a phrase which stated that any contract entered into by or with the Town of Ithaca , the results in or from a violation of any provision of this Town Board Meeting 12 December 9 , 1991 law shall be null and void and unenforceable " , has been deleted . Further discussion followed concerning various sections of the proposed legislation and the development of the disclosure form so that all information the law requires would be incorporated on one form . Councilwoman Valentino explained that at this time the simplified disclosure form was the one being considered . Councilwoman Leary responded by saying that this proposed legislation deviates from the States recommendation . The information regarding the Ethics Board is not in line with what the State is recommending . It is watered down and she does not feel comfortable deviating that much from what the State has mandated . Ardent discussion followed regarding the potential of conflict of interest and whether it should be a verbal disclosure to be incorporated in the Town Board minutes or whether it was necessary to have the disclosure in written form and on file . It was the general consensus that the potential conflict be incorporated in the Town Board minutes . Councilwoman Leary expressed further , her concerns regarding the proposed legislation . She stated that she did not understand why Section 8 is even in the proposal . It is included only as a recommendation and not a requirement by the State . The compromise , as she recalls , was the amount of land . Supervisor Raffensperger stated that in reviewing her notes from previous discussions , that particular section was a recommendation by the Board . The real question is the limitation on land acquisition ! In the original proposal it was a flat prohibition and this now is a matter of suggestion . Councilman Whitcomb responded by saying that the Board wanted to advise Town Board members and employees that a dim view would be taken on land speculation and so on . Attorney Barney had talked about a constitutional issue prohibiting someone ' s constitutional right to buy land . Councilwoman Leary , also questioned whether or not the Town was restricting an forms of outside employment for the employees ? Supervisor Raffensperger responded by saying that the only restriction is that they may not represent outside employers before any Town boards . Councilwoman Leary asked if they could work for any developer in the Town as long as they don ' t represent the developer before the Town ? She does not feel that is right either . Attorney Barney interjected by saying " as long as they don ' t take any discretionary act on anything they have worked on for the developer . " Councilwoman Leary also stated that there is no disclosure of debts owed in the proposed legislation and she feels that is very important . She claimed that if you owe a developer in Ithaca or elsewhere , significant amounts of money , even if you do not specify how much you owe , that relationship should be stated in the disclosure . Attorney Barney reviewed the past and present legislation regarding the disclosures . It used to read " a description of all debts in excess of x$ 5 , 000 and identity of creditors " . There was some discussion of making this only applicable to elected officials and then notes indicate in subsequent discussions , that it was decided to delete it . He submitted that most people would disclose several debts that they might not want to have in a public disclosure and which have Ino significance at all , i . e . a car , child ' s education , Town Board Meeting 13 December 9 , 1991 mortgage on a. house , boat , all of these things now become debts that now would have to be disclosed . That is why when we did do it , there is a provision where if you have an interest , up to $ 100 , 0001 it is listed as a creditor . The dollar amount was high enough that it was not going to be an average , run of the mill , debt . After fervent. discussion , Supervisor Raffensperger requested a motion to set a date for the public hearing . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW REPEALING LOCAL LAW # 2 OF THE YEAR 1970 AND ESTABLISHING REVISED ETHICS RULES APPLICABLE TO TOWN OF ITHACA OFFICER AND EMPLOYEES RESOLUTION # 304 Motion by : Councilwoman Valentino Seconded by : Supervisor Raffensperger RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 00 p . m . , on January 13 , 1992 to consider a local law repealing Local law # 2 of the year 1970 and establishing revised ethics rules applicable to Town of Ithaca officers and employees . CARRIED UNANIMOUSLY ADJOURNED PUBLIC HEARING - 8 : 30 P . M . Consider amending Local Law # 1 , 1983 , ( Safety Zones in East Hill Plaza Shopping Center ) . Attorney Barney interpreted the proposed legislation . Several changes have been made at the request of some of the owners of the plaza and after consulting with Assistant Fire Chief Brian Wilbur . Building Inspector / Zoning Officer Andrew Frost commented that the whole idea of the amendment was that in the event of a fire , the fire department would have access through aerial ladders to the roof of the plaza , centrally located to the entire building . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW # 10 1983 , ( SAFETY ZONES IN EAST HILL PLAZA SHOPPING CENTER ) . RESOLUTION # 305 Motion by : Councilman Liguori Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 30 p . m . , on January 13 , 1992 to consider amending Local Law # 1 , 1983 , ( Safety Zones in East Hill Plaza Shopping Center ) . CARRIED UNANIMOUSLY ADJOURNED PUBLIC HEARING - 8 : 35 P . M . Consider amending the Traffic Ordinance to allow for traffic control devices at the intersection of Whitetail Drive Teton Court and Saranac Way and also the intersection of Birchwood Drive South and Pinewood Drive and readopting the entire Traffic Ordinance . Supervisor Raffensperger noted the changes in the proposed Town Board Meeting 14 December 9 , 1991 i legislation . SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE TRAFFIC ORDINANCE TO, FOR TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF WHITETAIL DRIVE , TETON COURT AND SARANAC WAY AND ALSO THE INTERSECTION OF BIRCHWOOD DRIVE SOUTH AND PINEWOOD DRIVE AND READOPTING THE ENTIRE TRAFFIC ORDINANCE RESOLUTION # 306 Motion by : Councilman Niklas Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a piublic hearing at 8 : 35 p . m . , on January 13 , 1992 to consider amending the Traffic Ordinance to allow for traffic control devices at the intersection of Whitetail Drive , Teton Court and Saranac Way and also the intersection of Birchwood Drive South and Pinewood Drive and readopting the entire Traffic Ordinance . CARRIED UNANIMOUSLY ADJOURNED PUBLIC HEARING - 8 : 45 P . M . Consider a Local Law amending the Zoning Ordinance revising Permitted uses in industrial zones Attorney Barney briefed those in attendance on the basics of the proposed legislation . Currently the use regulations governing industrial districts , of which there is one in the Town of Ithaca , allow any use except a dwelling unit . This proposed legislation would prohibit certain types of uses in industrial districts . A Section 2 ha' s been added which basically says that this amendment does not apply to an existing application , as of the effective date of the amendment . Mr . D . L . Moses , representing NCR Corporation , addressed the Board regarding thle proposed legislation . He stated that he personally did not see anything in the legislation that will affect NCR in the short term or in the long term . They are strictly dedicated to light industrial manufacturing electronic assembly . Supervisor Raffensperger noted that the real change in this legislation lis that it allowed any use in an industrial zone except residential which when discovered was felt to be very inappropriate and was something that no one was aware of . This is the reason for this change . SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE REVISING PERMITTED USES IN INDUSTRIAL ZONES RESOLUTION # 307 Motion by : Councilman Liguori Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 8 : 45 P . M . , on January 13 , 1992 , to consider a local law amending the Zoning Ordinance revising permitted uses in industrial zones . CARRIED UNANIMOUSLY I I I Town Board Meeting 15 December 9 , 1991 AUTHORIZATION TO HIRE ENGINEERING AIDE FOR ONE MONTH RESOLUTION # 308 Motion by : Councilman Niklas Seconded by : Supervisor Raffensperger WHEREAS , The Town of Ithaca Engineering Department has a large amount of project completion reporting work backlogged due to water and sewer capital projects , and WHEREAS , the services of an experienced engineering aide would facilitate final measurements and report completion , and WHEREAS , funds are available in the Capital Project Budget , and WHEREAS , Andrew Bryant is an experienced engineering aide and is familiar with the capital projects , having worked as a Construction Inspector for the Town during the Summer of 1991 , now therefore be it RESOLVED , by the Town Board of the Town of Ithaca , that Andrew Bryant be and hereby is hired as a temporary Engineering Aide for a period not to exceed 20 working days ( 4 weeks ) at the rate of $ 7 . 00 / hr . , the total cost not to exceed $ 1 , 120 . 00 and to be paid from the Capital Projects Accounts . CARRIED UNANIMOUSLY CONSIDER ACCEPTANCE OF RECOMMENDATION FOR PERMANENT EMPLOYMENT FOR TOWN PLANNER , FLOYD FORMAN RESOLUTION # 309 WHEREAS , Floyd Forman was appointed Town of Ithaca Planner as of June 3 , 1991 and WHEREAS , Floyd Forman has completed his six - month probationary period in a satisfactory manner and WHEREAS , the Town at the time of employment agreed to consider a salary increase at the time of completion of the probationary period , now therefore be it RESOLVED , that the salary of the Town Planner be increased from $ 32 , 500 / year to $ 33 , 500 / year , effective December 2 , 1991 . This increase will not effect eligibility for an increase on January 1 , 1992 . CARRIED UNANIMOUSLY CONSIDER ACCEPTANCE OF RECOMMENDATION FOR PERMANENT EMPLOYMENT FOR JOHN CZAMANSKE RESOLUTION # 310 Motion by : Councilman Klein Seconded by : Councilman Niklas WHEREAS , John Czamanske has completed his probationary period as Planning Technician , Town of Ithaca Planning Department , and WHEREAS , Town of Ithaca Planner Floyd Forman has recommended his appointment on a permanent basis , now therefore be it RESOLVED , that the appointment of John Czamanske as Town of Ithaca Planning Technician be considered permanent as of November 9 , 19918 i Town Board Meeting 16 December 9 , 1991 i CARRIED UNANIMOUSLY Town Planners Floyd Forman took a moment to thank the Town Board for their confidence in him and also his fellow employees , department heads , for their help since he came here and most especially , he wanted to thank Nancy Fuller , his own department , John Barney , and Supervisor Raffensperger for their counsel . RATIFY AGREEMENT FOR EXPERT TESTIMONY Attorney John Barney explained the proposed ratification . The Village of Cayuga Heights litigation requires , in preparation for it , the hiring of an expert to evaluate the mass of materials he has obtained for the discovery process and also to be prepared to testify as to the capacity of the Cayuga Heights Plant . The cost of the expert will be in the neighborhood of approximately $ 4 , 000 . Their fee is calculated on an hourly basis and he feels that if the law suit can be settled without a trial there could be some savings . The arrangement made was $ 500 per hour with a maximum of $ 4 , 000 . RESOLUTION # 311 Motion by : Councilman Niklas Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby approves the ratification of the agreement for expert testimony at a fee of $ 500 per hour , not to exceed $ 4 , 000 . CARRIED UNANIMOUSLY REPORT ON WEST HILL SEWER E % TENSION Town Engineer Walker reported that the Town of Ithaca is looking at the possibility of extending sewer from the fire station back to Woolf Lane and the cost for the overall project would be approximately $ 500 , 000 . At the last Town Board meeting , the Board directed him to look at some other alternatives to see if it could possibly be done in phases and he has been able to look at some other possible alternatives . One of the biggest issues on West Hill is thie hospital sewer being quite old with significant infiltration and close to capacity . With any sewer improvement or expansion on West Hill at this point , he feels that a full analysis is necessary on the hospital sewer prior to proceeding with any new construction . There are some right - of - ways which need to be cleared as part of the ongoing maintenance program as discussed in the past and some inspections which might include televising the sewers to determine their capacity . There have been a couple of development proposals in this area that would be opportunities to have developers help the Town in replacing portions of the sewer as the areas are developed . He is proposing that the Town allocate some money for the maintenance items but that a more involved study may be needed to consider the expansion . He would like to discuss this at the Public Works Committee level before proceeding , as it is an existing sewer . The approximate cost would be $ 200 , 000 to $ 300 , 000 to replace it which is a significant investment . This would be Phase I . Phase II would be the extension of the sewer from the fire station to the Indian Creek area . There is about 5 , 000 feet of sewer in that area and again that would cost in the $ 200 , 000 to $ 300 , 000 range . Again if the development projects were to be developed , it would be expected that the developer would pick up part of thle cost of the sewer . Phase III would include a subdivision which has been approved and construction should i i I I I Town Board Meeting 17 December 9 , 1991 commence shortly pending the necessary easements etc . . . The approximate cost for the Phase III project would be in the range of $ 175 , 000 to $ 250 , 000 . CONSIDER TOWN OFITHACA CHANGE ORDER # 2 , 1989 WATER IMPROVEMENTS CONTRACT NO . 3 - WEST HILL WATER AND SEWER Town Engineer Walker explained that the purpose of the change order is to improve the quality of the driveways and ditch sections to address the landowners ' concerns . This additional work is considered beyond the scope of the original contract . RESOLUTION # 312 Motion by : Councilman Whitcomb Seconded by : Councilman Niklas RESOLVED , That the Town Board of the Town of Ithaca hereby approves Chance Order # 2 , 1989 Water Improvements Project Contract No . 3 - West Hill Water and Sewer . CARRIED UNANIMOUSLY PROPOSED SEWER EXTENSION ON WEST HAVEN ROAD Town Engineer Walker stated that Mr . Julian Luft , owner of a building lot located in the Town of Ithaca , comprised of approximately 2 . 90 acres and is located on a backlot of West Haven Road , has requested to be connected to the existing public sewer located on West Haven Road . This lot is not currently contiguous to a sanitary sewer and he is willing to construct the sewer in accordance with Town of Ithaca requirements at no cost to the Town . He will obtain an easement granted to the Town for the operation and maintenance of the sewer extension across the lands of Helen DeGraff , comprised of approximately 33 . 45 acres and located at 122 West Haven Road , at no cost to the Town as well . Mr . Luft has retained a licensed professional engineer , Lawrence P . Fabbroni , P . E . , to prepare the plans and specifications for the proposed sewer extension . Mr . Fabbroni has presented the plans and specifications to the Town Engineering Department and they have been found to be in compliance with Town requirements . RESOLUTION # 313 Motion by : Supervisor Raffensperger Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca authorize the construction of the sewer extension as shown on the plans prepared by Lawrence Fabbroni , P . E . , dated October 30 , 1992 , subject to the following conditions : 1 . That easements appropriate to the construction of the sewer extension and to the operation and maintenance of the sewer be provided to the Town , in a form acceptable to the Attorney for the Town and the Town Engineer , prior to construction of the sewer . 2 . That approval of the proposed sewer extension by the Tompkins County Health Department be obtained prior to construction . 3 . That the sewer be constructed in accordance with the requirements of the Town of Ithaca at no cost to the Town . 49 That the Design Engineer shall supervise construction of the sewer and certify that construction of said sewer was completed in accordance with the requirements of the Town Town Board Meeting 18 December 9 , 11991 ( of Ithaca . 5 . That site access by the Town Engineer be allowed during the construction of the sewer for the proper inspection thereof . CARRIED UNANIMOUSLY BOLTON POINT BUDGET TRANSFERS RESOLUTION # 314 Motion by : Supervisor Raffensperger Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby approves the following budget transfers for Bolton Point : FROM : T0 : AMOUNT : SW8310 . 101 Personal Services SW8310 . 103 Overtime $ 7 , 500 . 00 I SW8310 . 406 Consultants SW8310 . 438 Insurance SW8310 . 405 Attorney Fee 21000 . 00 SW8310 . 433 Travel / School 1 , 000400 SW8310 . 435 Advertising 200 . 00 SW8310 . 437 Data Process 5 , 000600 SW8310 . 440 Miscellaneous 100000 SW8310 . 800 Work . Comp , 450 . 00 CARRIED UNANIMOUSLY I DISCUSSION OF AGREEMENT WITH CITY OF ITHACA FOR THE PROVISION OF WATER ON WEST HILL AND CONSIDER SETTING PUBLIC HEARING IF REQUIRED Town Engineer Walker explained the purpose of the agreements . In 1977 , the Tiown and the City drew up an agreement for supplying water to the West Hill area , including the hospital water tank . This agreement was never fully executed and at this time would like to formalize this agreement . He has been discussing this with the City ' s Department of Public Works and the text of the agreement is primarily the same as in the original . What has been added however is the Inlet Valley area with more detail . With our water and sewer extensions , � we will create a higher demand for water . Other areas in the agreement relate to water that is generated from the City ' s mains but is billed to town customers . Water to the Inlet Valley area , we agreed to pay for on a master meter reading basis . The main item in the agreement is that the rate for the water shall be set at $ 1 . 4375 per 100 cubic feet . This is the same rate we are paying this year . This rate has been approved by the City ' s Board of Public Works as of this date . This is a two ( 2 ) year agreement that will allow us to turn on at Inlet Valley without any problem and will allow us to get in to a more permanent agreement with a rate structure that is flexible enough for both the City and the Town . Supervisor Raffensperger remarked that she was very pleased with the rate we received as the City raised its rates with the other users . SET DATE FOR PUBLIC HEARING TO CONSIDER WATER SERVICE AGREEMENT BETWEEN THEITOWN OF ITHACA AND THE CITY OF ITHACA Town Board Meeting 19 December 9 , 1991 RESOLUTION # 315 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 11 : 00 a . m . , on December 31 , 1991 to consider a water service agreement between the Town of Ithaca and the City of Ithaca . CARRIED UNANIMOUSLY SET DATE FOR PUBLIC HEARING TO CONSIDER SEWER SERVICE AGREEMENT BETWEEN THE TOWN OF ITHACA AND THE CITY OF ITHACA Supervisor Raffensperger commented that this is a new agreement and that the Town of Ithaca has never had a sewer service agreement with the City in the past although we have , to some extent , been contractually obligated to have one . Several questions arose regarding the proposed agreement and it was suggested that the Town Attorney review and make recommendations at the scheduled public hearing . RESOLUTION # 31. 6 Motion by : Supervisor Raffensperger Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 11 : 15 a . m . , on December 31 , 1991 to consider a sewer service agreement between the Town of Ithaca and the City of Ithaca . CARRIED UNANIMOUSLY AUTHORIZATION TO SIGN SPCA CONTRACT Supervisor Raffensperger stated that as far as she is able to determine , there is no substantial difference between last years and this years contract . RESOLUTION # 317 Motion by : Councilman Niklas Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign , on behalf of the Town of Ithaca , the 1992 SPCA Contract after review by the Attorney to the Town . CARRIED UNANIMOUSLY AUTHORIZE ATTENDANCE AT ASSOCIATION OF TOWNS MEETING RESOLUTION # 31St Motion by : Councilman Niklas Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes up to six persons to attend the Association of Towns Meeting in New York City , February 16 - 19 , 1992 . CARRIED UNANIMOUSLY I Town Board Meeting 20 December 9 , 1991 I WATER AND SEWER ACCOUNT REFUNDS RESOLUTION # 319 Motion by : !Councilman Niklas Seconded by : Councilman Whitcomb i ( 1 ) WHEREAS , a change of ownership occurred in September 1991 at 1105 Trumansburg Road and a final bill was generated with a penalty charge of $ 9 . 63 appearing which should not have been paid , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 9 . 63 for the penalty charge which should not have been paid , for a total refund of $ 9 . 63 to be paid to Michael Goodfriend , 119 West Haven Road , Ithaca , NY , Account # B - 249 . ( 2 ) WHEREAS , achange of ownership occurred in September 1991 at 110 Sycamore Drive and a final bill was generated with a penalty charge of $ 10 . 46 appearing which should not have been paid , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 10 . 46 for the penalty charge for a total refund of $ 10 . 46 to be paid to C . T . James Huang , 10 Owen Court , Irvine , California , Account # V - 3400 . WHEREAS , a change of ownership occurred in September 1991 at 20 Chase Lane , after the September bills were generated and an adjusted bill was issued at the time of the change of ownership and subsequently both of the September bills were paid , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorize la refund of $ 20 . 52 for water and $ 3 . 08 for water surcharge , $ 10 . 80 for sewer and $ 1 . 44 for sewer surcharge and $ 3 . 58 for penalty charges , for a total refund of $ 39 . 42 to be paid to John Tilitz , 873 Bostwick Road , Ithaca , NY , Account # V - 4741 . CARRIED UNANIMOUSLY I APPOINTMENT TO ENVIRONMENTAL MANAGEMENT COUNCIL I RESOLUTION1 # 320 Motion by : Supervisor Raffensperger Seconded by : Councilman Whitcomb RESOLVED , that the Town Board of the Town of Ithaca hereby recommends to the Tompkins County Board of Representatives the appointment of Richard Fischer , 135 Pine Tree Road , Ithaca , NY as the Town of Ithaca representative to the Tompkins County Environmental Management Council . CARRIED UNANIMOUSLY i APPOINTMENT TO NEIGHBORHOOD ADVISORY COMMITTEE FOR THE COMMERCIAL AVE . CENTRAL PROCESSING FACILITY I RESOLUTION # 321 Motion by ,: Councilman Niklas Seconded by : Councilwoman Leary RESOLVED , ! that the Town Board of the Town of Ithaca hereby I Town Board Meeting 21 December 9 , 1991 recommends to the Tompkins County Board of Representatives the appointment of Councilwoman Catherine Valentino , as the Town of Ithaca Representative to the Tompkins County Neighborhood Advisory Committee , Commercial Ave . Central Processing Facility , CARRIED UNANIMOUSLY TOWN OF ITHACA WARRANTS RESOLUTION # 322 Motion by : Councilman Niklas Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated December 9 , 1991 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . $ 100 , 437956 General Fund - Outside Village . . . . . . . . . . . . . $ 26 , 796 . 44 Water and Sewer Fund . . . . . . . . . . . . . . . . . . . . . $ 36 , 796971 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67 , 271 . 41 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . $ 3891018 . 48 Lighting District Fund . . . . . . . . . . . . . . . . . . . $ 555 . 95 CARRIED UNANIMOUSLY BOLTON POINT WARRANTS RESOLUTION # 323 Motion by : Supervisor Raffensperger Seconded by . Councilman Niklas RESOLVED , that the Bolton Point Warrants dated December 9 , 1991 , in the Operating Account are hereby approved in the amount of $ 127 , 716 . 85 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . CARRIED UNANIMOUSLY EXECUTIVE SESS10N RESOLUTION # 324 Motion by : Councilman Whitcomb Seconded by : Councilman Niklas RESOLVED , that. the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss easements , personnel matters and litigation . CARRIED UNANIMOUSLY OPEN SESSION RESOLUTION # 325 Motion by : Councilman Niklas Seconded by : Councilwoman Leary RESOLVED , that the Town Board of the Town of Ithaca hereby moves back in to Open Session . I Town Board Meeting 22 December 9 , 11991 CARRIED UNANIMOUSLY i INCREASE IN SALARY FOR PARKS AND GROUNDS ASSISTANT JERRY STROSNIDER RESOLUTION # 326 Motion by : ( Councilman Niklas Seconded by : Councilwoman I Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes an increase in salary for Town of Ithaca Parks and Grounds Assistant Jerry Strosnider to $ 8 . 50 per hour in recognition of the fact that comparable experience and background of individuals getting an equivalent salary . CARRIED UNANIMOUSLY i APPROVE THR TERMS OF EASEMENT AGREEMENT WITH RICHARD SWEET OF SLATERVILLEIROAD , ITHACA , NY RESOLUTION # 327 Motion by : Councilman Niklas Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby approves the terms of an easement agreement with Richard Sweet of Slaterville Road , Ithaca , NY . CARRIED UNANIMOUSLY i CONSERVATIOIN EASEMENT RESOLUTION I# 328 I Motion by : Councilman Whitcomb Seconded by : Councilman Klein RESOLVED , I that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor with the assistance of the Town Attorney toinegotiate with the City of Ithaca regarding a possible conservation easement of City owned land adjacent to the South Hill Trail . CARRIED UNANIMOUSLY I I ADJOURNMENT I The meeting was duly adjourned at 11 : 05 p . m . I Respectfully submitted i I Betty F . Poole Deputy own Clerk I I i I