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HomeMy WebLinkAboutTB Minutes 1991-12-31 TOWN OF ITHACA TOWN BOARD MEETING December 31 , 1991 At the . Year End 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 : John Barney , Town Attorney Dan Walker , Town Engineer Scott McConnell , Highway Superintendent Floyd Forman , Town Planner Linda Nobles , Assistant Budget Officer Betty F . Poole , Deputy Town Clerk Rosalind Grippi , 423 E . Seneca St . Bruce Brittain , 13-5 Warren Road Richard Corth , 1388 Mecklenburg Rd . Annette Corth , 1388 Mecklenburg Rd . ABSENT : Andrew Frost , Building Inspector / Zoning Officer PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Town Supervisor ' s Report Supervisor Raffensperger presented her year end report stating that 1991 had been a year of consolidation and challenge . Our consolidation and the gains made with the creation of the CPC and the CAC in 1990 , with continued progress with the Comprehensive Plan and environmental concerns . The ongoing Comprehensive Planning process has required patience but she is convinced that the end product will have the support of the majority of the Town residents . The two pronged planning improvement program has included strategic Town Board Meeting 2 December 3 .1 , 1991 revisions to the Zoning Ordinance . The Codes and Ordinance Committee has seen through to enactment a substantial number of needed changes and have a number more in the pipeline . The CAC has completed a draft Open Space Report which is now being reviewed by several boards . The document is a great accomplishment and will be a resource of great value to the Town in the future . She went on to say that we continue to , clean up old business . The water and sewer agreements on the agenda today are part of that effort . She further stated that New York State made 1991 challenging , with the State Aid cuts mid year , amounting to about $ 200 , 000 or 100 of the Town ' s total revenues . Only with the complete cooperation of the Town Staff was it possible to make budget modifications to accommodate this short fall . We have a reduced budget for 1992 but absent any more surprises from the State , we should be able to provide the level of services in 1992 the Town of Ithaca residents want . She expressed her appreciation to the Town Board and the Town Staff for their cooperation and help during 1991 . She looks forward to working with everyone in 1992 . She added that she has attended a number of meetings in the last several weeks concerning the possibility of the County requesting State authorization for an additional one cent in sales tax and the allocation of the additional monies , if raised . She has presented materials to the Ad Hoc Committee of the County Board of Representatives to illustrate the effect of declining revenues on Town of Ithaca operations and have made the case that any additional sales tax revenues should be shared with Tompkins County Towns and Villages . She would appreciate any input from the Town Board members on this matter as there will be several more meetings within the next few weeks . Town Engine: er ' s Report Town Engineer Dan Walker gave his year end report . He stated that this has been a busy year for the Town . They have worked considerably on the water and sewer agreements with the City . The biggest workload for the Engineering Department throughout the year was the Capital Improvement Project , water and sewer . The West Hill Water and Sewer is now available for everyone to connect . The water and sewer lines are now in place at Inlet Valley and awaiting some final connections and final approvals from the Tompkins County Health Department but will be able to provide water very shortly . Town Board Meeting 3 December 31 , 1991 He also stated that he too has enjoyed the support that he has had from both the Town Board and staff , especially Supervisor Raffensperger who has been very supportive of the various projects . Building Inspector / Zoning Officer ' s Report Building Inspector / Zoning Officer Andy Frost will give both his monthly and annual report at the January 1992 meeting . Highway Sub> erintendent ' s Report Highway Superintendent Scott McConnell reviewed the past year ' s activities at the Town Highway Department . Town Planner ' s Report Town Plannetr Floyd Forman highlighted a few of the projects the Planning Department was involved with in 1991 . Planning Board Planning Department Staff continued to provide its regular technical support to the Planning Board throughout the year . In 1991 , the Planning Board reviewed and granted preliminary or final subdivision. approval for 11 land subdivisions totaling 28 lots . This is a decrease from 1990 , when 18 subdivision proposals totaling 74 lots were approved . Site Plan Approvals Ten proposals requiring site plan approval under the Zoning Ordinance were reviewed by the Planning Board in 1991 . Special Approvals The Planning Board reviewed and made recommendations to the Zoning Board of Appeals with regard to requests for Special Approval for 3 proposed developments in 1991 . All three requests involved Cornell University . Cornell University GEIS During 1991. , planning staff continued to work with engineering staff in overseeing Cornell University ' s Precinct 7 planning project and development of a Generic Environmental Impact Statement ( GEIS ) . The Planning Board , as lead agency , made its positive determination of environmental significance on May 21 . In Town Board Meeting 4 December 31 , 1991 anticipation of receiving the draft GEIS from Cornell University in February , staff has prepared a Request for Qualifications to solicit outside consultants to assist with review of the draft GEIS . Development: Review Administration Planning Staff continued to administer the development review fee and escrow system including provisions for better accounting of staff time spent on reviewing development proposals . The Town is expected to recover approximately $ 4 , 250 from development review - related costs in 1991 for planning staff time . Comprehensive Plan Planning Department staff , working with Stuart I . Brown Associates of Rochester , continued to provide staff support to the Comprehensive Planning Committee ( CPC ) as it prepares a new Comprehensive Plan for the Town . Conservation Advisory Council Planning staff has provided support to the Town of Ithaca Conservation Advisory Council ( CAC ) in 1991 in a number of areas , including development of the CAC Open Space Inventory and preparation, of those sections of the Comprehensive Plan relating to agriculture . Staff also worked to more effectively integrate the CAC Environmental Review Committee into the development review process' . Codes and Ordinances Committee Planning Staff , along with zoning and legal staff provided technical support to the Committee throughout 1991 as it addressed a number of Town land use regulation issues . Zoning Board of Appeals In 1991 Planning Staff continued to prepare environmental assessments for cases before the Zoning Board of Appeals . Miscellaneous The Planning Staff represented the Town of Ithaca at number of meetings involving State , County , and City bodies , as well as Cornell University , and involving a variety of regional planning and governmental issues of mutual concern . Staff has met with County , City , and Cornell University officials on a number of occasions to specifically discuss transportation issues affecting all parties to the discussions . Town Board Meeting 5 December 31 . 1991 Report of Town Attorney Town Attorney John Barney reported on the decision of the Cayuga Heights lawsuit . He stated that he has enjoyed working with the Board members and the committees and looks forward to the coming year . REPORT OF TOWN COMMITTEES Conservation Advisory Council Councilman Whitcomb reported that the CAC completed the draft Open Space Report and stated that presentations to the Planning Board and the Comprehensive Planning Committee will be made sometime in January 1992 . They are also working on the agriculture report which will be useful in the Comprehensive Plan . Codes and Ordinances Committee Councilman Niklas reported that the C & O Committee has been very productive this year . The high level of productivity is almost entirely the result of having an excellent support staff , Floyd , John Czamanske , with the expert legal advice of John Barney . The C & O committee , at present , has two vacancies . As a result of Eva Hoffmann leaving the Town of Ithaca Planning Board , an appointee from the Town Planning Board is needed on the Codes and Ordinance Committee . Although unofficial at this time , Bob Hines will be resigning from the COC as the Zoning Board of Appeals representative , therefore the Codes and Ordinances Committee will need an appointee from the ZBA . PUBLIC HEARING TO CONSIDER WATER SERVICE AGREEMENT ' BETWEEN THE TOWN OF ITHACA AND THE CITY OF ITHACA Proof of posting and publication of a notice to consider the Water Service Agreement between the Town of Ithaca and the City of Ithaca having been presented by the Deputy Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak for or against the proposed agreement , the Supervisor closed the public hearing . Town Engineer Walker defined the implications of the agreement as it pertains to the Town . He is extremely pleased that there is finally a current agreement and that this is a two year agreement which will keep our rate that we pay to the City for the water from Town Board Meeting 6 December 31 , 1991 increasing , at least for a two year period . RESOLUTION # 329 Motion by : Councilman Niklas Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to sign the Water Service Agreement between the! Town of Ithaca and the City of Ithaca with such minor changes which may occur as a result of any subsequent negotiations . CARRIED UNANIMOUSLY DESIGNATION OF OFFICIAL NEWSPAPER RESOLUTION # 330 Motion by : Councilman Niklas Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby designates the Ithaca Journal as the Official Newspaper for the Town of Ithaca for the year 1992 . CARRIED UNANIMOUSLY DESIGNATION' OF DEPOSITORIES OF TOWN FUNDS RESOLUTION # 331 Motion by : Councilman Niklas Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby designates Tompkins County Trust Company as the official depository for all monies coming into the hands of the Supervisor , Town Clerk and the Receiver of Taxes for the year 1992 . CARRIED UNANIMOUSLY APPROVAL OF OFFICIAL BONDS Attorney Barney commented that technically we are supposed to bond the Receiver of Taxes for the full amount of the Tax Warrant however the cost of that is fairly expensive . He suggested that the bond be for $ 1 , 000 , 000 . RESOLUTION # 332 Motion by : Councilman Klein Seconded by : Councilman Niklas Town Board Meeting 7 December 371 , 1991 RESOLVED , by the Town Board of the Town of Ithaca that the bonds for the following Town Officials and Town employees , in the following amounts , be approved for the year 1992 : Town Supervisor $ 11000 , 000 Town Clerk - Receiver of Taxes $ 1 , 000 , 000 Justice , Merton Wallenbeck $ 25 , 000 Justice , Warren Blye $ 25 , 000 Superintendent of Highways - Scott McConnell $ 25 , 000 PL11 other Town Employees $ 25 , 000 CARRIED UNANIMOUSLY APPROVAL 01' SCHEDULE FOR 1992 TOWN BOARD MEETINGS RESOLUTION # 333 Motion by : Supervisor Raffensperger Seconded by : Councilman Whitcomb RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the following schedule of meetings for the Town Board for the year 1992 : Monday , January 13 , 1992 Monday , August 10 , 1992 Monday , February 10 , 1992 Tuesday , September 8 , 1992 Monday , ` March 9 , 1992 Monday , October 5 , 1992 Monday , April 13 , 1992 Thursday , November 5 , 1992 Monday , May 11 , 1992 Monday , December 7 , 1992 Monday , June 8 , 1992 Thursday , December 31 , 1992 Monday , July 13 , 1992 and be it further RESOLVED , that all such meetings be scheduled to commence at 5 : 30 P . M . , except the December 31st meeting which shall be scheduled for 10 : 00 A . M . CARRIED UNANIMOUSLY APPOINTMENT TO SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION RESOLUTION # 334 Motion by : Councilwoman Valentino Seconded by : Councilman Klein Town Board Meeting 8 December 3 :1 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby approves the appointment of Supervisor Shirley Raffensperger , Councilman Frank Liguori and Tom Richard to the Sewer Joint Subcommittee for the period January 1 , 1992 to December 31 , 1992 . CARRIED UNANIMOUSLY APPOINTMENTS TO THE COMPREHENSIVE PLANNING COMMITTEE RESOLUTION # 335 Motion by : Councilman Niklas Seconded by : Councilwoman Valentino WHEREAS , the current members of the Comprehensive Planning Committee have , to a person , expressed their desire to continue their volunteer service to the Town of Ithaca and WHEREAS , the Town of Ithaca Town Board is desirous of continuity in membership on the Comprehensive Planning Committee , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby reappoints the current membership of the Comprehensive Planning Committee for the calendar year 1992 . ( Comprehensive Planning Committee members : Edward Austen , Bruce Brittain , Kinga Gergely , Carolyn Grigorov , Ellen Harrison , David Klein , Karl Niklas , Jane Schafrik , Ronald Simpson , Stephen Smith , Jerold Weisburd , John Whitcomb ) and be it further RESOLVED , that the Town Board of the Town of Ithaca hereby reappoints David Klein as Chair of the Comprehensive Planning Committee for the calendar year 1992 . CARRIED UNANIMOUSLY APPOINTMENTS TO THE CONSERVATION ADVISORY COUNCIL RESOLUTION # 336 Motion by : Councilman Niklas Seconded by : Councilman Klein WHEREAS , the Conservation Advisory Council ( CAC ) on December 12 , 1991 recommended to the Town of Ithaca Town Board that Laura Marks , Richard Fischer , John Whitcomb and Phillip Zarriello be appointed to the CAC for two year terms beginning January 1 , 1992 and WHEREAS , the CAC further recommended that the Town Board appoint John Whitcomb and Candace Cornell as CAC Chair and Vice Chair , respectively , for 1992 , now therefore be it Town Board Meeting 9 December 31 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Laura Marks , Richard Fischer , John Whitcomb and Phillip Zarriello to the CAC for two year terms beginning January 1 , 19921, and be it further RESOLVED , that the Town Board of the Town of Ithaca hereby appoints John Whitcomb and Candace Cornell as CAC Chair and CAC Vice Chair , respectively , for 1992 . CARRIED UNANIMOUSLY PUBLIC HEARING TO CONSIDER SEWER SERVICE AGREEMENT BETWEEN THE TOWN OF ITHACA AND THE CITY OF ITHACA Proof of posting and publication of a notice to consider the Sewer Service Agreement between the Town of Ithaca and the City of Ithaca having been presented by the Deputy Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak for or against the proposed agreement , the Supervisor closed the public hearing . Attorney Barney commented on the proposal . He stated that he was a little troubled about some of the commitments the Town might be locking themselves in to and he reviewed the various items in question and recommended slight modifications . RESOLUTION # 337 Motion by : Councilman Whitcomb Seconded by : Councilman Klein RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to enter into a sewer service agreement with the City of Ithaca for sewer service as presented with such modifications and changes as may be required in , the course of negotiating the final agreement . CARRIED UNANIMOUSLY PERSONS TO BE HEARD Doria Higgins , 2 Hillcrest Drive , Ithaca , New York read the following statement regarding the Freedom of Information Procedure for the Town of Ithaca , which is on the agenda : " I understand that one of the motivations for this resolution is that in the recent elections information given out by Town Hall Town Board Meeting 10 December 31 , 1991 to Republicans was " " misused " " to try to discredit you and frighten the public . Please: don ' t think that withholding information from everyone will ensure that unscrupulous politicians will behave properly . Make no mistake if they want to discredit you or to frighten the public about your political actions they will find ways to do so . In fact , this resolution , if passed , will be valid cause for your friends as well as your opponents , to denounce you . An informed electorate , and informed dissent , is an important part of the democratic process if it is to function properly . One can of course have a democracy in name only where backstage , hidden , manipulations prevail . And while this resolution might sound innocuous to some of you , it is a step in the wrong direction toward hidden government . It establishes a dangerous precedent . Freedom of Information is a precious part of our first amendment rights . I think you should know. , so that you can make it part of your considerations , that the President of the local chapter of the American Civil Liberties Union spoke to Shirley .- this morning to express concern over the possible ramifications of this resolution and that the Co - President of the League of Women Voters , who was on the verge of leaving town said that they will be examining this matter on her return . I understand that another motivation for this resolution and one stated as such in the resolution is the desire to be consistent in the dissemination of Town documents . But the resolution does not provide for consistency . Read the next to last sentence in the second " " Resolved " " . You ' ll see that the policy can be overruled at different times by different people . There ' s nothing consistent about that . And in any event , " " consistency " " has to do with the way in which things are done not with the substance of what is done . One can be " " consistent " " or " " inconsistent " " in withholding information or in disseminating information . Certainly there will be times when your thinking is so preliminary or disorganized or the wording of a document so awkward that at times it might be embarrassing to have it be seen or misconstrued . But such times will be infrequent and for such times can ' t you identify the documents as being " " incomplete " " or " " unofficial ? " " . Do you really want to be the first Town Board and the first Town Supervisor in the last one hundred and seventy years since the Town of Ithaca was organized March 16 , 1821 , to establish a policy on withholding information from the public ? And to do so for such reasons as avoiding personal embarrassment or of possible misuse by opponents or to be " consistent " when in fact the resolution does Town Board Meeting 11 December 31 , 1991 not provide for " consistency " in the dissemination of information ? . I hope not ! ! " CONSIDER ACCEPTING FREEDOM OF INFORMATION PROCEDURE FOR TOWN OF ITHACA Councilman Niklas commented on the proposed resolution . He stated that at the last Town Board meeting , we discussed the desirability of having available to the public in written form , what constitutes the Town of Ithaca ' s policy regarding the dissemination of information . We had discussed a number of ways in which the Town would operate and explained how the Codes and Ordinance Committee itself operates . It is his understanding that the majority of you , in fact he cannot recall anyone disagreeing , thought that was a rational way in which to conduct the affairs of the Town . He was asked to write a draft resolution that would reflect that policy . Supervisor Raffensperger stated that she had received a phone call from the ACLU and she was not sure whether or not they had received a copy of the resolution but at any rate they wished to object to the basic thrust of what the Town Board was doing . Doria Higgins interjected and confirmed that they had received a copy of the: proposed resolution . Supervisor Raffensperger went on to say that while the ACLU was perfectly willing to accept her assurance that the Board ' s motives were to increase access to documents for residents of the Town that it could be perceived that it was restrictive as opposed to opening up the process . She also had received a phone call from Dooley Kieffer , expressing her concern as well . Councilman Whitcomb commented that he was not sure what the furor was all about . He explained that the intention was to broaden the amount of information available to the public and to clarify for the Town Staff and Town Committees as to what was public information but instead people seem to perceive that the Town is closing the door . Doria Higgins stated that she finds it appalling that some of the Town Board members still cannot comprehend why there is anything to be disturbed about in the resolution . Rosalind Grippi , 423 East Seneca Street , Ithaca read the following statement : " This resolution is worrisome . It professes to spring from a dedication by the Town Board to " " the liberal provision of Town Board Meeting 12 December 31 , 1991 documents to the public . " " It asserts itself as being more generous in regard to the freedom of information law than is the State . It asserts that the resolutions it encompasses are " " in the interest of the public " " and that the purposes encompass the desirability " " to operate consistently regarding the dissemination of documents " " . While I have no doubt that the above are indeed the motivating factors behind the resolution , I don ' t think this particular document supports these assertions . Since freedom of information is fulcrum for the public ' s trust in governing bodies , it is important for any governing body to proceed with trepidation on any resolution that would spell out any limit on the dissemination of information . The fifth paragraph is the one that troubles most : It states , " " Be it resolved in the interest of the public " " ; yet it offers no support that it is indeed " " in the interest of the public " " . It puts forth restrictions on public access to certain papers - - a restriction that the paragraph itself notes , may or may not always be permitted under State law . This would seem to indicate that the State is not necessarily " " less generous " " than the Town as it regards freedom of information and / or that the Town ' s draft resolution needs more research to ascertain what may or may not be withheld . Regarding the " " desirability of consistency " " , the fifth paragraph restricts access to certain kinds of documents but also adds that such documents may be released whole or in part , " " at the discretion of the relevant chairperson of the Town Board or committee or by the head of the relevant department . . . " " . To me this sounds arbitrary , rather than a step toward consistency . The fifth paragraph generalizes on the nature of documents so restricted - - among these are incomplete documents , documents that " " reflect unofficial opinions of Town Board or advisory committee members of staff " " of documents " " circulating exclusively among members of a Town Board , advisory committee or department " " . In my view , no opinion should be unofficial when offered in an official capacity as a member of a board , advisory committee or staff , especially if that opinion is recorded . If an official isn ' t certain , a remark can be so qualified or be identified as a preliminary thought . In fact , public access may serve the purpose Town Board Meeting 13 December 31 , 1991 of making every member of a Town Committee or staff more consciously thoughtful or responsible for his or her remarks , however informal the occasion . We all know that off - handed comments ( or memoranda ) can harm a cause or person . ( Also , draft documents can be stamped " " preliminary " " , " " first draft " " , etc . . ) Every worthwhile official has a " " following " " of inimical opposition as well as ardent supporters . But it is no less harmful if the opposition is denied access to documents than if he or she misreads them . Either way , Town proceedings and intentions can be distorted or misconstrued . What is the purpose of paragraph 59 It is a big gun and the enemy is nowhere in sight . What exactly is paragraph 5 protecting ? This is not explained . Frankly , it raises suspicion as to its purpose and need and what specifically is being restricted . . . . and why . Any restriction may be more harmful to community relations than no policy . The only problem in full freedom of information I see is the disruption of the work of Town officials and staff by persons seeking material . But as often pointed out - - democracy is never efficient . For policy on freedom of information , I opt only for positive moves reaffirming or expanding laws and methods for the dissemination of information . " Supervisor Raffensperger requested that any further comments be kept reasonably short . Bruce Britt. ain , 135 Warren Road , Ithaca , NY spoke to the Board regarding the proposed freedom of information resolution on the agenda . He stated that he only had a chance to look at the draft this morning and it seems to him that it is well intentioned however the concerns that he has is will it address the perceived problem since meetings are still open to people who want to come , unofficial and incomplete information is still available . He also asked if this provides sufficient guidance to staff to know what and what not to release , and he has not been able to determine this . He also asked if this could be misused in the future intentionally and finally , what will the public perception of this be . Those are his concerns . Supervisor Raffensperger commented that one thing she feels that is important is that the genesis of this was an attempt to provide to the staff and to her , some kind of a standard . She admitted that she had given to an Ithaca Journal reporter , a " draft " document , and incomplete copy of a draft document , that the staff had Town Board Meeting 14 December 31 , 1991 previously said was too incomplete to give to the public . This highlighted the difficulty that she had seen emerging and that we had no clear policy . It was meant to be a policy which provided more information to the public than is outlined under the Freedom of Information Law . Attorney Barney cited several sections of the Freedom of Information Law , one of the things that can be denied the public is intra - agency materials which are not , 1 ) statistical or factual tabulations or data , 2 ) instructions to staff that affect the public , or 3 ) final agency policy or determinations . He further stated that: absent the resolution , when one comes to a committee meeting such as the CAC or COC , the pieces of paper that are circulating among the various members are not documents , at that point , that are representative of final agency policy . Unless they happen to contain some statistical listing , they are not disclosable at all . The public is not entitled to them . When they are done with the particular committee and they go on to the Planning Board or BZA , and at that point , they are probably not disclosable as they do not represent final policy . When it comes to the Town Board and the Board acts on it , then it is final policy and then it is disclosable , under the Freedom of Information Law and is required to be disclosed . Doria Higgins responded saying that no one in the room has doubted anyone ' s integrity or desire to do what is right . She is questioning their political wisdom as well as ethical wisdom in using the proposed resolution as a means of achieving an end , which may be desirable . In withholding information and in writing it as policy , ' a precedent is being established . Councilwoman Valentino wanted to add that her main concern is that she wants to make sure that when someone walks in to the Town of Ithaca Office , whether they are pro , con , democrat , republican ; no matter who 'they are , that when they ask for something from the Town staff or from the Town Supervisor , no matter who that Supervisor is , that they are all going to be treated in exactly the same fair and honest manner . That is her concern in having some sort of a resolution that we can all live with . Further discussion followed . Supervisor ]Raffensperger suggested that this item be placed on the February 1992 agenda when there will be an opportunity to discuss it further and revisions which might make clearer the intent of legislation . EXECUTIVE SESSION Supervisor ;Raffensperger suggested moving in to Executive Session Town Board Meeting 15 December 31 , 1991 to discuss a personnel matter and requested a motion . RESOLUTION # 338 Motion by : Councilman Niklas Seconded by : Councilman Whitcomb RESOLVED , that the Town Board of the Town of Ithaca hereby moves in to Executive Session to discuss a personnel matter . CARRIED UNANIMOUSLY OPEN SESSION RESOLUTION # 339 Motion by : Supervisor Raffensperger Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . CARRIED UNANIMOUSLY CONSIDER REAPPOINTMENT TO ZONING BOARD OF APPEALS RESOLUTION # 340 Motion ' by : Supervisor Raffensperger Seconded by : Councilman Niklas WHEREAS , at a regularly scheduled meeting of the Town of Ithaca Zoning Board of Appeals held on December 11 , 1991 unanimously recommended to the Town Board the reappointment of Mr . E . " Pete " Scala as a member of the Town of Ithaca Zoning Board of Appeals for a five year term commencing January 1 , 1992 and expiring December 31 , 1996 , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approve the reappointment of E . " Pete Scala to the Zoning Board, of Appeals for a five year term commencing January 1 , 1992 and expiring December 31 , 19960 CARRIED UNANIMOUSLY RECOMMENDATION FOR AND DESIGNATION OF CHAIR OF BOARD OF ZONING APPEALS RESOLUTION # 341 Town Board Meeting 16 December 31 , 1991 Motion by : Councilman Klein Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby approve the reappointment of Mr . Edward N . Austen as Chairman of the Zoning Board of Appeals for the period of January 1 , 1992 through December 31 , 1992 . CARRIED UNANIMOUSLY RECOMMENDA :PION FOR AND DESIGNATION OF CHAIR OF TOWN OF ITHACA PLANNING BOARD RESOLUTION # 342 Motion by : Councilman Niklas Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby approve the appointment of Carolyn Grigorov as Chairperson of the Town of Ithaca Planning Board for the period of January 1 , 1992 through December 31. , 19926 CARRIED UNANIMOUSLY APPOINTMENT TO SEWER JOINT SUBCOMMITTEE RESOLUTION # 343 Motion by : Councilwoman Valentino Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca hereby approves the appointment of Supervisor Shirley Raffensperger , Councilman Frank Liguori and Tom Richard to the Sewer Joint Subcommittee for the period of January 1 , 1992 until December 31 , 1992 . CARRIED UNANIMOUSLY CONSIDER APPROVAL OF AGREEMENT WITH CODDINGTON ROAD COMMUNITY CENTER . Supervisor Raffensperger noted that this item has been postponed to a later date . CONSIDER APPROVAL OF OCTOBER AND NOVEMBER 1991 FINANCIAL REPORTS RESOLUTION # 344 Motion by : Supervisor Raffensperger Seconded by : Councilman i Town Board Meeting 17 December 31 , 1991 Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby approve the October 1991 and November 1991 financial reports as presented . CARRIED UNANIMOUSLY CONSIDER EASEMENT TO NYSEG AT SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION Town Engineer Walker explained that NYSEG needs this easement as they are in the process of installing natural gas in the East Shore Drive area . They want to run their gas main up to 10 feet of the building and will maintain ownership of the gas line . This is to the Town ' s advantage for maintenance reasons . They need this easement before the main can be installed . i Attorney Barney elaborated further with the contingency that the Town Board approval is contingent upon the approval from the Bolton Point Water Commission . RESOLUTION # 345 Motion by : Councilman Liguori Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca hereby approves the execution of the easement to NYSEG contingent upon approval by the Bolton Point Water Commission , CARRIED UNANIMOUSLY APPOINTMENT' TO INTERMUNICIPAL YOUTH COMMISSION Supervisor Raffensperger explained that the appointments are duplicates of appointments made several months ago . This resolution includes the terms of the of the appointees . RESOLUTION # 346 Motion by : Supervisor Raffensperger Seconded by : Councilwoman Valentino RESOLVED , that the Town Board of the Town of Ithaca hereby appoints M . Gail Smith , 930 Coddington Road , Ithaca , NY and Robert Yavits , 611 Winston Court , Ithaca , NY as Town of Ithaca representatives to the Intermunicipal Youth Commission for the term January 1 , 1992 to December 31 , 1992 and be it further , Town Board. Meeting 19 December 31 , 1991 RESOLVED , that the Town Board of the Town of Ithaca ratify the solicitation of planning consultants for review of the GEIS . Fees incurred will be charged to Cornell University , . CARRIED UNANIMOUSLY PROPOSAL FOR RETAINING RECORDS MANAGEMENT CONSULTANTS RESOLUTION # 349 WHEREAS , the Town of Ithaca applied for and was awarded a SARA Grant for Records Management in the amount of $ 5 , 000 and WHEREAS , the SARA Regional Advisory Officer provided the Town with information on several suitable consultants who could perform the services outlined in our Grant Proposal , and WHEREAS , sae have contacted a local consulting firm , Rachel Maines and Associates , and have received a proposal from them to provide the needed services within the $ 5 , 000 authorized budget , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby accept the Maines and Associates proposal for Records Management services as outlined in the SARA Grant Proposal and does hereby authorize the engagement of their services as soon as practicable after the new year , with an expected completion date of June 30 , 1992 , or earlier . CARRIED UNANIMOUSLY APPROVAL OF' INSURANCE PROPOSAL FOR 1992 TOWN OF ITHACA COVERAGE Assistant Budget Officer Linda Nobles stated that the Town sent out notification to eight local insurance agencies that might have been able to provide the Town ' s insurance coverage for the year . They were sent out in September with only three agencies responding . The lowest proposal was from the Town ' s current agent Becker - Wells . RESOLUTION # 350 Motion by : Councilman Liguori Seconded by : Councilman Klein WHEREAS , in September of this year , the Town sought proposals from 8 local agencies for the renewal of Town insurances for the new year and WHEREAS , the Town received responses from three ( 3 ) agencies with i Town Board Meeting 20 December 31 , 1991 proposals for our insurance needs covering general liability , building / contents , equipment , valuable papers , crime ; public officials ' liability ; business auto ; umbrella liability ; steam boilers public officials ' faithful performance bonds various ROW bonds ; and WHEREAS , the cost of the various proposals ranged from $ 133 , 604 to $ 66 , 0051 with the Becker - Wells proposal being the most cost - effective , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby accept the Becker - Wells 1992 Insurance Proposal and does hereby authorize the renewal / inception of coverage described therein . CARRIED UNANIMOUSLY APPROVAL OF RECOMMENDATION TO HIRE HIGHWAY LABORER Highway Superintendent Scott McConnell stated that the position was advertised and answered by 80 applicants . He interviewed nine ( 9 ) individuals . RESOLUTION # 351 WHEREAS , there exists a vacancy in the Highway Department as of December 31 , 1991 due to a retirement and WHEREAS , the position for highway laborer was advertised and answered by 80 applicants and WHEREAS , nine individuals were actually interviewed and it was determined that Timothy Eighmey has the required qualifications and an excellent attitude , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves Timothy Eighmey to be hired as highway laborer beginning January 2 , 1992 at the pay rate of $ 6 . 00 per hour , with a probationary period of six months . At the end of the six months he will be eligible for regular full time employment with a possible increase in pay . CARRIED UNANIMOUSLY DISCUSSION OF PROPOSED TO LOCAL LAW # 2 , 1970 , ESTABLISHING REVISED ETHICS RULES Supervisor Raffensperger commented that there was discussion in a staff meeting asking whether or not the Town Board would like to Town Board Meeting 22 December 31 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Betty F . Poole as Interim Collector of Taxes and be it further RESOLVED , that Betty F . Poole be granted a temporary salary adjustment equal to approximately one - half the difference between the Deputy Town Clerk and Town Clerk / Receiver of Taxes salaries or an annualized rate of $ 27 , 700 , until such time as the Town Board shall determine . The salary adjustment shall be retroactive to November 25 , 19910 CARRIED UNANIMOUSLY CONSIDER AUTHORIZING THE SUPERVISOR TO ADVERTISE THE TOWN CLERK POSITION AND TO SET UP INTERVIEWING COMMITTEE Supervisor Raffensperger requested anyone wishing to serve on the interviewing committee for the Town Clerk ' s position to let her know . RESOLUTION # 353 Motion by : Councilman Niklas Seconded by : Councilman Liguori RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor to advertise for the Town Clerk position and to set up an interviewing committee . CARRIED UNANIMOUSLY CONSIDER APPROVING AN INCREASE IN EXPERT TESTIMONY Supervisor Raffensperger stated that this expert testimony is necessary for the Cayuga Heights litigation and the authorization was originally for up to $ 4 , 000 and she would .like to ask for an increase up to $ 4 , 900 . RESOLUTION # 354 Motion by : Councilman Liguori Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca hereby approves the increase in the fee for the expert testimony regarding the Cayuga Heights litigation up to $ 4 , 900 . CARRIED UNANIMOUSLY Town Board Meeting 23 December 31 , 1991 SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW ALTERING THE RESIDENCY ]REQUIREMENT FOR THE DEPUTY TOWN CLERKS RESOLUTION # 355 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 9 : 00 P . M . , on January 13 , 1992 to consider a local law altering the residency requirement for the Deputy Town Clerks . CARRIED UNANIMOUSLY SET DATE FOR PUBLIC HEARING TO CONSIDER A LOCAL LAW ALTERING THE RESIDENCY REQUIREMENT FOR RECEIVER OF TAXES RESOLUTION # 356 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 9 : 15 P . M . , on January 13 , 1992 to consider a local law altering the residency requirement for Receiver of Taxes . CARRIED UNANIMOUSLY At this time: , Town of Ithaca Justice Merton Wallenbeck administered Oaths of Office to Supervisor Raffensperger , Councilman Niklas , Councilman Klein , and Councilwoman Valentino , who were recently re - elected to office . RE - APPOINTMENTS AND ADMINISTRATION OF OATHS OF OFFICE TO : a ) Daniel Walker , Town Engineer b ) Scott McConnell , Highway Superintendent c ) Andrew Frost , Building Inspector / Zoning Officer d ) Mary Bryant , Deputy Town Clerk RESOLUTION # 357 Motion by : Councilman Liguori Seconded by : Councilman Niklas Town Board Meeting 24 December 31 , 1991 RESOLVED , that the Town Board of the Town of Ithaca hereby re - appoints Daniel Walker as Town of Ithaca Engineer . CARRIED UNANIMOUSLY RESOLUTION # 358 Motion by : Councilman Whitcomb Seconded by : Councilwoman Valentino RESOLVED , that the" Town Board of the Town of Ithaca . hereby re - appoints Scott McConnell as Town of Ithaca Highway Superintendent , CARRIED UNANIMOUSLY At this tinte , Town Attorney John Barney administered the Oath of Office to '.Down Engineer Walker and Highway Superintendent Scott McConnell . Andrew Frost and Mary Bryant will be sworn in later . TOWN OF ITHACA WARRANTS RESOLUTION # 359 Motion by : Councilman Klein Seconded by : Councilman Niklas RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated December 31 , 1991 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . $ 69 , 390 . 96 General Fund - Outside Village . . . . . . . . . . . . . . . $ 16 , 416 . 75 Water and Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . $ 222 , 658 . 00 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 23 , 142 . 25 Capita ]. Projects Fund . . . . . . . . . . . . . . . . . . . . . . $ 368 . 48 Lighting District F 'und . . . . . . . . . . . . . . . . . . . . . $ 551 . 98 CARRIED UNANIMOUSLY BOLTON POINT WARRANTS Supervisor R. affensperger stated that there were no Bolton Point Warrants to be approved at this meeting . Town Board Meeting 25 December 31 , 1991 APPROVAL Ol? TOWN JUSTICE REPORTS AND DOCKETS RESOLUTION # 360 Motion by : Councilman Niklas Seconded by : Councilman Klein RESOLVED , that the Town Board of the Town of Ithaca hereby approve Justice Warren Blye and Justice Merton Wallenbeck ' s reports as presented . CARRIED UNANIMOUSLY ADJOURNMENT The meeting was duly adjourned . Respectfully submitted , ABetty r . Poole Deputy . Town Clerk J E z w � E E a a o Q Q a c� a w a w a - x A E A z w w H o z a o Q z N W 3 N� >4 o ED E z .� H 01 A m H . ao r ,46 � t 4a 44 rO U) IT O O w -P 0 r m a it -r-I r W N ow U2 U) N T; d' m r r-4 m rn -r-+ r-i tD m 0) .r-I O -rI In m d' d• tlD r (a -P �4 00 r M m O II 4-3 (G W 0, 0) to N e-1 U }) �-i � � CN d' N •'� •rl � S-I fr7 m N N ri N $4 $4 ,r.,I Vol t? to N 4) H 04 � CL � O r In i9 M I'D In ow U2 Lfl � 00 00 r m 4 ) r U2 44 •rI rI tD q* m dr m 00 4) O ra 4-) 00 r 00 m to 11 to r-I 4a 4..) Ch N N t0 Ul -H O N V-i M d� Z s4 m Ln dr dr I O M 4) sl y rf t!) t? t? 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O rl U O iLIN r1 � � E�1MMl � G rl N z a 3 o c A O w U a 0 HrMMMriM1� 00 04 T=4 ril Ln Ell z 0 O H H E U +� W is a w to sL z >+ �) H H Sa A pa >+ E r6 E 0) 0 H W to O �S W to -H r1 ) FC U) 4 ) 4) +J 0 to ril a U O 41 H (U 4) R W -H -H O U ro H 0 a H OH 0 o Ti 4) k H A U) U) va >, W 0 0 W O O 0 U M 0) O LL * 04 i A HIGHWAY SUPERINTENDNENT ' S REPORT - 1991 FINAL TOWN BOARD - JANUARY 13 . 1992 ecap by category : C (OPY Category Dian Hourslf / H Cost Eqpt , Cost Mate Cost Total Permanent Improvements 4405 . 5 $ 55 , 411 . 50 $ 71 , 069 . 46 $ 1032282 . 31 $ 229 , 763 . 27 General Repairs 8113925 $ 84 , 738 . 77 $ 82 , 971 . 41 $ 509569 . 92 $ 2189280 . 10 Snow Removal 2660 . 5 $ 379711 . 68 $ 38 , 660094 $ 33 , 992 . 41 $ 1109365 . 03 Brush & Weeds 1475 . 5 $ 169304 . 57 $ 91289 . 17 $ 175 . 45 $ 250769 . 19 Engineering 8170 $ 91569 . 55 $ 8 , 655 . 57 $ 605 . 38 $ 189830 . 50 Highlight of Significant events 1 . Nearly eight miles of road were either paved , micro - paved or surface treated with oil and stone according to the ten year pavement schedule . 2 . Shoulders were repaired on nine roads and ditches cleaned on 5 .roads , in addition to spot repairs townwide . 3 . Guide rail was installed on Elm Street Extension and Sand Bank Road . 4 . Steel plates were placed on the deck and the walkway deck was rebuilt on the lower Forest Home bridge . 50 Eleven road culvert were replaced . 6 . All storm sewer catch basins were cleaned and inspected . SE! veral catch basins were repaired . 7 . Sixty - six: signs were either replaced or repaired . 89 A spring brush and leaf pick - up was added to the annual schedule . 9 . A year - round drop off point for yard waste at the Highway facility was established . 10 . Fall leaf and brush pick up was completed in October and November . 11 . Roads were kept safe and cleared of ice and snow as needed . 129 Several engineering tasks to include : a . Monuments set throughout county for county wide mapping by NYSEG . b . Four hydrants were replaced . C , Eight water main breaks repaired . d . Two water services were installed . e . One sewer fault repaired . f . One sewer easement cleared for access . HIGHWAY SUPERINTENDNENT ' S REPORT - 1991 TOWN BOARD - JANUARY 13 , 1992 13 . A new phone system was installed at Highway facility , New lights were installed in garage and roof repairs were done to stop leaking . 14 . Two new 3 / 4 trucks were purchased . 1991 was my first full year as Highway Superintendent . I feel we have accomplished a great deal of work . I have learned a lot: and hope to continue to improve the service provided by myself , the Highway Department and Parks Department . i PERMANENT IMPROVEMENTS 1991 1 , 7 1 . 5 1 , 4 1 , 3 CD 1 . 2 � 1 0 , 9 z � 0 . 8 Q � 0 , 7 20 006 - 0 , 5 0 , 4 0 . 3 0 , 2 0 , 1 0 JAN ml F PF� AYJUN`� ULAUGSEPOCf o ) EC ° 1989 + 1990 ° 1991 GENERAL REPAIRS 1991 1 , 5 1 . 4 1 . 3 C/) 1 . 2 � 1 , 1 1 �a 0 , 9 a3 Os7 20 0 . 6 0 . 5 t- 0 . 4 0 , 3 0 , 2 0 , 1 0 JAN FE: B MAR APR MAY JUN JUL AUG SEP OCTOV N DEC 1989 1990 1991 . ._ .. vaa. . . . , . _a � � . -_ Y'.-.. . - :R' :?'l'i^Y' i5a • -f`["i.gJ ' aS BRUSH & WEEDS 1991 1 . 1 1 0. 9 0. 8 = 'a 0. 7 z 016 m oo 0. 5 ammit 0. 4 Q H . 3 0 O 02 i 0. 1 0 JAN FEB MAR APR MAY JUL SEP NOV J UN AUG OCT DEC 1989 1990 1991 SNOW REMOVAL 1991 1 . 7 1 . 3 �. 1 . 3 D = c 1 z 0 0. 9 a 0. 8 r 0. 7 0. 3 0. 3 0. 2 0. 1 Inn 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 0 1989 * 1990 1991 MACHINERY 1991 400 350 cc N 300 O 230 Q 200 0 150 0 100 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ° 1989 + 1990 1991 PARKS AND OPEN SPACE MANAGER ' S ANNUAL REPORT - 1991 TOWN BOARD - JANUARY 13 , 1992 1991 Parks Proiects and accomplishments : 1 . Completion of Grandview Park play structure . 2 Planted 180 trees and shrubs at Troy Park . ( All plants were raised in our nursery . ) 3 . Completion of safety upgrades at all older play structures and application of wood sealer on all structures . 49 Paved Winthrop Drive sidewalk , Sandra Place walkway , Lisa Lane walkway and Texas Lane walkway . 50 Developed Winners Circle trail and installed initial plantings . Further improvements will be made in 1992 . 60 Resurfaced nature trails at Eastern Heights and Salem Parks with woodchips obtained during Spring brush cleanup . 7 . Replacement of dead plantings at all park and trail sites . 80 Added new pea ( 1A ) gravel under Hungerford Heights play structure . 90 Began construction of Mitchell Street walkway . 100 Fertilized all high traffic park lawns . 110 Continued deer browse control program for all new tree and shrub plantings . 12 . Continued dead tree removals at all park and trail sites . 13 . Annual staining and sealing of all park furniture and signs . 14 . Performed regular grounds maintenance tasks based on our year - round management schedule . 159 Provided landscaping services for Town ' s Highway and Engineering Departments and for Bolton Point . 16 . Continued year - round yard waste management activities including : Spring and Fall leaf and brush clean - ups , leaf composting , and chipping of drop - off brush and Christmas trees . 17 . Provided assistance to Highway Department in snow removal during regular and overtime hours . PARKS AND OPEN SPACE MANAGER ' S ANNUAL REPORT - 1991 TOWN BOARD - JANUARY 13 , 1992 1992 Parks work program ( proposed ) L _ 10 Completion of Mitchell Street walkway . 2 . Begin construction of South Hill trail . 3 . Initial site improvements at Woolf Lane Park . 4 . Resurface all sections of East Ithaca Recreation Way , 58 Completion of improvements to Winners Circle trail . 6 . Play structure shade tree plantings at Grandview , Hungerford Heights and Troy Parks . 7 . Construct and install see - saws at Grandview , Hungerford Heights and Troy Parks . 8 . Install baseball backstop at Eastern Heights Park ball field . 91 Improve sight distances at all bikeway / walkway and road intersections . 108 Apply asphalt sealer to all Northeast Ithaca walkways paved in 1991 . 110 Construct new pedestrian entrance to Eastern Heights Park from the right - of - way at John Street . 129 Install speed bumps and speed limit signs at the Skyvue Drive entrance to Eastern Heights Park . 139 Institute: biological pest control measures wherever possible . 14 . Convert from bark mulch to pea ( 1A ) gravel base material under all older play structures . 150 West Hill sewer and water project replacement plantings . 160 Yard waste collection , chipping and composting . 17 . Landscaping for various public works agencies and projects . 180 Regular grounds maintenance activities . PARKS AND OPEN SPACE MANAGER ' S ANNUAL REPORT - 1991 TOWN BOARD - JANUARY 13 , 1992 Parks 1992 Grand Totals � - Total Work task Man hour Per cent Routine maintenance and groundskeeping 3406 59 . 1 Grandview play structure 1011 17 . 6 Northeast Ithaca walkway paving 693 1290 Yard waste management 350 6 . 1 Snow removal 300 5 . 2 Total 5760 100 . 0 Man hours Eqpt . hrs M / H costs Eqpt . costs Grand totals 5760 3482 $ 559361 . 21 $ 339736 . 96 Matl . costs Total costs $ 149047 . 74 $ 103 . 152 . 86 i