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HomeMy WebLinkAboutTB Minutes 1994-09-12 FINAL Town of Ithaca Town Board Meeting Minutes September 12 , 1994 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York there were present : PRESENT : John G . Whitcomb , supervisor ; • Catherine Valentino , Councilwoman ; Karl Niklas , Councilman ; David Klein , Councilman ; Carolyn Grigorov , Councilwoman ; Ellen Harrison , Councilwoman ; Edward Conley , Councilman . ALSO PRESENT : John Barney , Attorney for the Town ; Joan Lent Noteboom , Town Clerk / Receiver of Taxes ; Daniel Walker , Town Engineer ; Fred Noteboom , Highway / Parks Superintendent ; Jonathan Kanter , Town Planner ; Andrew Frost , Building / Zoning Officer ; Sally Alario , Assistant Budget Officer ; Patricia Punger , Personnel Manager , Eric Dicke ; Janice Johnson ; Eva Hoffmann ; Tim Joseph , Tompkins County Board of Representatives ; Sally Schwartzbach ; Holly Beermann , Joint Youth Commission ; Jeff Stimpson , Ithaca Journal ; Christopher Smith , WTKO ; C . Weisburd , Housecraft ; Jay Jacobson ; Doug Shire ; Sandra Weld ; Joan Bollar ; Deena Burke ; Kate Benjamin ; Cecelia Wilder ; Nancy Brown ; Doug Anderson ; John Bokaer - Smith ; Jennifer Bokaer - Smith ; Lara Pines ; Steve Gaarder ; Kay Wheeler ; Candace Cornell ; James Jordan ; Arthur Godin ; Bonnie Simpson ; Louise Mudrak ; Judy Green ; Jared Jones ; L . Walker ; Pat Bergman ; Janette McCord ; Noel Desch . Call To Order : The Supervisor called the meeting to order at 5 : 30 p . m . and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 - Report of Town Officials : a . Supervisor - The Supervisor reviewed his written report with the Board , ( see attached ) . A committee will be appointed to review the budget requests of the Town Justice ' s . Councilwoman Valentino , Councilman Niklas , and Supervisor Whitcomb will serve on that committee . The Supervisor reminded the Board about the tour of the Cornell Precinct 7 which is under consideration for Special Land Use District will occur Friday , September 16 , at the Orchard Sales Room at 3 : 30 p . m . b . Town Engineer - ( See attached report ) . The largest problem has been the stormwater in the last month . A model watershed proposal will be looked at in the coming month . c . Highway / Parks Superintendent - ( See attached report ) . d . Town Planner - ( See attached report ) , a great deal of development review has been done . The Town is cooperating with the City of Ithaca in looking at potential park and ride lots for the Rt . 96 project which is scheduled to begin in the spring of 1995 . The project will significantly impact traffic patterns during the project . The NYSDOT has indicated a commitment to spending monies on the parking lots to help with traffic . The Town may need to lease or acquire property using State funds for the lots . e . Building Inspector / Zoning Officer - ( See attached report ) . A higher number of Certificates of Occupancy were issued this month than normal , and there were eight new complaints . A complaint dating back to August needs direction for resolution from the Board . Mr . Frost asked that this issue be discussed in executive session . f . Town Clerk / Receiver of Taxes - ( See attached report ) . A survey done by the Town Clerk ' s office regarding the number of customers served and phone calls received was done during the month . The survey will be continued through the first few months of the next tax collection season . The Town Clerk thanked the Highway Department for their help in moving and installing the voting machines for Primary Day . The voting machines are now handicap accessible . A federal mandate has relieved Towns of having to take social security from the Election Inspectors wages beginning in 1995 . The advertisements to find a volunteer Town Historian have been unsuccessful . Other measures will have to be considered to find a Historian for the 175th anniversary of the Town in 1996 . g . Assistant Budget Officer - ( See attached report ) . On August 30th the Town received the In Lieu of Tax Payment from Ellis Hollow Elderly Housing Associates . Ms . Alario thanked John Barney and Betty Poole for several years of hard work to secure these funds . The payment was for several years . Mr . Barney said the payment was the actual tax amount for several years with a 9 % interest factor based upon the old formula . In the new pilot agreement the amount will be less because the original agreement was based upon 13 % of gross revenues , and the new agreement is for 10 % of net revenues . h . Personnel Manager - ( See attached report ) . An insurance consultant has been hired to do an insurance survey by October 1 , to allow for changes to our insurance before the Requests for Proposals are sent . i . Attorney for the Town - The Planning Board litigation related to Ithacare was argued this week . The Judge has reserved his decision for 30 to 60 days . 2 I Agenda Item No . 4 - Correspondence : a . Judd Falls Wines and Spirits - Notice of application for liquor license , reported to Town Board in order that they may voice any concerns related to the application if they so choose . b . Ellis Hollow Associates - Breakdown of In Lieu of Tax Payment , Agenda Item No . 5 - Report of Town Committees : Councilman Klein reported the Public Works Committee did inspect the Seven Mile Drive property . Councilman Niklas - A draft proposal has been provided to the members regarding Sunset Provisions , comments from the Board are welcome for the October 5 , meeting of the Codes and Ordinances Committee . Councilwoman Valentino attended a meeting of the group proposing a County Cable Commission . Only one municipality who has expressed no interest in joining . The group will again meet in October . Meetings have been held with the City to discuss ways the Town and City can coordinate work on like issues in a more effective manner . A meeting will be held on September 15 with Mayor Nichols , and individuals from the Planning Departments , Agenda Item No . 14 - Consent Agenda Items : The Supervisor requested that 14n , Appointment of Justice Data Entry Clerk be postponed for approval . The Supervisor asked Mr . Kanter if the proper written permission has been secured from the landowners for the archeological dig . Mr . Kanter - The Town does have written permission from the landowner of Saponi Meadows . The permission for Glendale Farms is forthcoming . The persons performing the " dig " have been informed not to enter the site until the written permission is secured . Councilman Klein recalled the " dig " intern had requested approval of 100 hours of work , instead of the 50 hours as referenced in the resolution ? Supervisor Whitcomb - The request was for 1994 and 1995 . The resolution is authorization for the 1994 year only , with the 1995 portion being considered during the 1995 budget process . Councilwoman Harrison asked Mr . Kanter to tell the Board about the new appointee Planner II , JoAnn Cornish - Epps . 3 Mr . Kanter - Ms . Cornish - Epps is a local resident with land scape architecture planning experience who has worked for Cornell Facilities , New York City Parks , and as a pilot consultant . Ms . Cornish - Epps is the Chair of the City of Ithaca Parks Commission , Ms . Cornish - Epps will be working on the parks and open space plan update , the environmental atlas , and development review . Councilwoman Grigorov asked if Ms . Cornish - Epps will remain on the City Commission ? Mr . Kanter said she hopes to , but it is not known if she will be able to devote enough time to it . Motion made by Councilman Niklas , seconded by Councilwoman Grigorov approving and / or authorizing the Consent Agenda Items resolutions , with the exception of ( 14n ) , as presented to the Town Board . Carried unanimously . Agenda Item No . 6 - Report of Tompkins County Board of Representatives . Timothy Joseph - The Human Service Committee has reviewed the Youth Pilot Program . The proposal calls for the County to contribute part of the cost of bringing all the Towns into a unified program for youth . The Human Service Committee agreed the County would sign onto the program for two years at a declining rate of contribution . The County will contribute 50 % of the cost the first year and 30 % for the second year among the Towns that have not been previously involved . It is hoped the program will work as planned and all municipalities will like it and contribute their fair share from then on . Supervisor Whitcomb - The Town has received copies of several resolutions from other Town Board ' s supporting the County Sheriff and objecting to any budget cuts in that department because the services are necessary to the rural population for primary protection . Can you update this Board as to the status of this situation ? Mr . Joseph - The resolutions from the other towns are based on misinformation . The Town of Ithaca also depends on the Sheriff for protection so all are as concerned . There is not any chance that the Sheriff ' s budget is going to cut . The Sheriff ' s budget has been increased more than any other budget in the County , except for mandates , for the past three years while other departments have been cut . The Sheriff ' s budget will probably will be increased again in 1995 , the question is how much and whether the County will give everything the Sheriff is asking for . With the 3 % allowed to all departments and the increase in mandates there now shows a 2 . 9 % tax 4 increase . If the Sheriff were given all he has asked for the tax increase would be an additional 6 . 4 % Giving the Sheriff everything he has asked for does not allow any for other departments . There will have to be some tough decisions , and there can be no promise to give the Sheriff everything he says he needs to run the department . All can be assured the Town ' of Ithaca will remain protected and the Sheriff will not get any cuts in the budget . Councilman Klein asked what specifically is the problem , is it in overtime for the deputies ? Mr . Joseph said he was reluctant to say much , overtime is a big issue . There are a lot of problems , but he will not speak in public and state them . Supervisor Whitcomb had prepared a sample resolution for the Board to consider if they wanted to take action . Does this Town Board wish to become involved in this issue or send a message to the County Board pro or con ? Councilman Niklas - With one exception this resolution affirms this Town Board ' s desire to see a strong Sheriff ' s department . The resolution is only saying this Town Board appreciates what the Sheriff ' s Department does for the town , and what the County Board has done for the Sheriff , and this Board wishes to see that continue . Maybe this Board should reiterate that the Sheriff ' s budget should not be cut . Councilwoman Harrison - There seem to be management issues within the Sheriff ' s Department to be addressed . The resolutions from the other towns sound as if the County is wrong to contemplate cutting the Sheriff ' s budget . The Sheriff ' s Department needs to get its " house in order " , that is the message which should be sent . Councilwoman Valentino - The Town Board ' s concern should be the possible reduction of protection . The County Board should decide the budget portion and how adequate protection can be maintained . This Board needs to insure adequate levels of police protection , services are the issue . Councilwoman Harrison suggested no resolution regarding this issue be considered . This Board should not by resolution put anything in the Sheriff ' s hands for him to say , " see all the Towns are demanding that the County Board budget monies for all my requests " Councilman Niklas asked Mr . Joseph if he felt the Sheriff would use a resolution from this Board as Councilwoman Harrison suggested ? Mr . Joseph said , " yes " . The Town Board ' s resolution would not have any impact on the County Board ' s decision at all . 5 Supervisor Whitcomb asked to let the record show that the Town Board expressed its concerns to Representative Joseph about the way in which the Sheriff ' s Department is budgeted and managed , and that adequate protection be provided to town residents . Councilwoman Harrison expressed gratification there are various resurfacing projects being done throughout ' the County although it is hard to determine which are County and State projects . There are sometimes opportunities during this process to make these roads more bicycle and pedestrian " friendly " . Is there anyone within the County who is looking at that perspective , and / or is there some way to receive notification of projects to be done ? Mr . Joseph said he is not aware of how much consideration this idea gets in the road resurfacing planning . The Public Works Department has been hard pressed and feel lucky if they have the money to resurface a road . Any expansion for pedestrians and bicyclists would be hard to obtain when there are bridges being closed because there is no money to repair them . Making a road three feet wider to allow for bicycles is a major expense . This issue is something the proper committee should , and will be , informed about . Mr . Walker - Sometimes the County informs the Town of the work being done in the Town . The County looks at not providing paths or sidewalks and they normally do not put the extra cost of a wider shoulder in . The County did do it in the East Hill , Pine Tree Road , Judd Falls Road area with contributions from the Town . When a project is in the more urban active areas the Town has been looking at this issue . There are some in the MPO structure who are making these desires known . Councilwoman Harrison made a formal request to Mr . Joseph to address this issue with the proper individuals within the County structure . Mr . Joseph said he would make investigate the issue . Agenda Item No . 6 - County Youth Services : Holly Beermann , Joint Youth Commission - On May 9 , the Town Board approved a resolution for additional funding for the Summer Municipal Jobs Program . At that time there was only ten ( 10 ) Town of Ithaca youth using the program . The resolution allowed more monies to hire an additional six youths . All sixteen ( 16 ) of the slots were filled by Town youth . There were also five ( 5 ) slots filled in the Youth Conservation Corps . A full report will be forthcoming . A packet was sent to each Board member containing information about the youth work proposal by the Learning Web . The Joint Youth Commission has reviewed this proposal . 6 The Joint Youth Commission would like the Town to fund the Learning Web youth work proposal . The Joint Youth Commission ' s mission is to find creative ways to help youth in the Town . This proposal addresses some of the issues felt important based on the needs assessment . The program would provide additional guidance for youth and reach a large number of youth . The Learning Web has experience with identifying youth from particular municipalities who would fill the needs from the Town of Ithaca . This is a fifteen month proposal requesting an increase in funding for the 1994 portion of an additional $ 6 , 732 , out of that the Town would be reimbursed $ 3 , 366 . The Joint Youth Commission has come to this Board several times this year to ask for increased funding to help youth . The Commission is currently not using $ 11 , 772 of County funds available to the Town in 1994 as they have not been identified for use . This proposal would do that . Up until now the Commission has not had a vision of how to use monies which would be eligible . The 1994 total for the Town included the summer playground , the municipal summer jobs , the conservation corp , the Coddington Road Community Center , and the additional request for youth work . The total Town contribution if the Learning Web proposal were funded would be $ 15 , 794 . The 1995 budget request may seem high , but it took a great deal of evaluation to determine what should be done . Total funds are available of $ 26 , 674 for the Town from County funds , with Cayuga Heights turning over their funds as well , leaving a total of $ 34 , 630 . These are available for funding strong programs for youth in 1995 . The Joint Youth Commission recommends the summer playground program , Coddington Road Community Center , Conservation Corp , the Summer Municipal Jobs , and the addition of the Learning Web Youth Works project . The total is $ 21 , 232 portioning out Division for Youth of $ 5 , 966 , and County Youth Service of $ 4 , 650 , leaving the amount needed from the Town of $ 10 , 615 . That would still leave the youth eligible for an additional $ 4 , 545 which there are no plans for at the moment . Transportation issues for youth and others have been discussed . The Joint Youth Commission would like to reserve the $ 4 , 545 for 1995 until a need can be identified . Supervisor Whitcomb - The resolution for approval is to increase the amount of funding for this fiscal year by $ 3 , 666 for a total expended in 1994 to $ 15 , 794 . In the 1995 budget $ 26 , 589 is requested , the majority of the addition would be for the Learning Web and the reserve . M5 B - eermann The money h • as not been used h ' w ich the County reserves for the Town of Ithaca . When other municipalities have 7 ideas for their youth , they can apply to the Youth Bureau and receive those funds . The Town of Ithaca has not been doing what it should for youth . Supervisor Whitcomb - The Board should seriously consider the funding for this year . This can be added to the budget request review process . If the Town funded less than the $ 26 , 589 , could they pick the programs they wished to fund , or would it be reallocated among what has already been proposed ? Ms . Beermann - The summer playground money , and the DFY money can offset the Town ' s payment to the Youth Bureau . Since the Division doesn ' t allow fee charging programs the Town has turned back to the County and the State . Two years ago the playground programs were allowed not to charge fees , this gave the Town a reimbursement from the State funds . Last year $ 6 , 000 , and this year $ 8 , 042 . That is revenue for the expense of the money paid to the Youth Bureau . The Coddington Road Community Center has had a long standing arrangement for the money , it would be a shame to see those funds withdrawn . The Conservation Corp and the Municipal Summer Jobs have been funded in the past . The Summer Jobs was increased , there are still more youths than jobs . The request for the Conservation Corp in 1995 will be less because in 1994 the project was in the Town of Ithaca . The Town paid for the supplies . Next year the project will be in the Village of Cayuga Heights so they will pay for materials . It is a rotating program . The Learning Web program is thought to serve a great deal of " at risk youth " in the Town . The Town of Ithaca has one of the largest youth populations . Councilwoman Valentino - The Learning Web has been around for a long time and has an excellent reputation . The proposed projects for the Town is for a new commitment using the Learning Web ' s experience to provide programs . This would be over and above what the Learning Web and the Town have been doing for youth . Councilwoman Harrison asked if the proposal targets the money towards " youth at risk " ? Ms . Beermann - You can ' t have just " youth at risk " , they have to be blended so they do not feel different . There is focus on " youth at risk " , but other teens are needed as role models and who blend well . Councilwoman Harrison asked where the Town of Lansing was reflected in the budget since they are a participant ? Ms . Beermann - Two thirds of the budget for the Learning Web is 8 from the Town , and one third from the Village of Lansing . The Village of Cayuga Heights gives their money to the Town of Ithaca and the youth are included there . The Village of Lansing did pass a resolution in support of this proposal through May 1995 , The Learning Web proposal is for fifteen months , it would be beneficial for the Joint Youth Commission to have an idea if the Town is considering funding the new Learnirig Web program in 1995 . Motion made by Councilwoman Valentino , seconded by Councilman Niklas authorizing and directing the Town Supervisor to enter into a contract upon terms satisfactory to the Town Supervisor , with advice from the Attorney for the Town , with the Learning Web to operate the " Youth Works " program as outlined in the proposal as further refined by the contract terms , at a cost of $ 6 , 732 from the Town . The Joint Youth Commission will make a report to the Town Board about the program in January 1995 . Carried unanimously . The Board reached a consensus there was a sincere desire to consider providing the additional youth funds for 1995 as requested , but it could not be known if that were possible until the budget process has been completed . Agenda Item No . 9 - Persons To Be Heard : No persons wished to address the Board . Agenda Item No . 10 - SLUD# 8 Proposed EcoVillage : Judy Greene , Residents Group , Proposed EcoVillage - The group has come to the Board with two purposes . The first is to request to receive a Special Land Use District for the area to be known as Ecovillage . A referral to the Planning Board is desired so the project can be started . Second , is for the Town Board to understand what is to be achieved from the SLUR # 8 . Ecovillage is a non profit organization owning a 176 acres on West Hill . It does have a long range vision of developing a self sustaining and environmentally sound community on this land . Current activities are a one acre vegetable garden feeding 30 households , educational programs on the site and in other locations in Ithaca , attendance of the third annual Eco Cities Conference , and a newsletter . EcoVillage presently has limited resources in which to develop their long range vision . They are presently not making any plans to move ahead . A number of the people do have a desire to move ahead with a project compatible with EcoVillage . This co - housing group is ready to move ahead as they feel they have i the resources to develop this project in the short term . It is a project which is consistent with EcoVillage . This would be a co - g a housing development with 30 households very tightly clustered on 35 acres . The houses would be energy efficient and tightly clustered to maximize social interaction . The houses would leave as much open space as possible for agricultural and gardening purposes . The process is underway to purchase this 35 acres from EcoVillage . The co - housing group is not counting on the future vision that EcoVillage holds for the 176 acres . It is important that the plans are self sufficient and they stand on their own , they are financially and organizationally separate from EcoVillage because it is not sure in the long run how the EcoVillage plans will play out , There are people from all over the nation who have moved to Ithaca to see this project happen . Housecraft Builders were hired to manage the development process . Jerry Weisburd is the architect , preliminary designs have just been recently approved . The co - housing group is ready and anxious to move on the approval process to be building within a year . Last month the group met with the Planning Board to do a sketch plan review . The Planning Board staff recommended a Special Land Use designation be sought . Mr . Weisburd - There was a fair amount of controversy during the development of the Comprehensive Plan . There were some people who felt the Plan went to far , and others who felt it didn ' t go far enough . It did not close the door for growth in development , nor did it leave the door open for the kinds of development that was not wished to be seen in the Town ' s undeveloped areas . The EcoVillage plan illustrates that kind of development with a typical approach to subdividing land . In most developments , land is covered with as many normal lots as possible , and a network of roads . What is shown is lots , roads , and a token open space in one small corner to meet the requirements . EcoVillage is the diametric opposite . This project shows 10 % land space developed , the rest of the parcel is left as open space and agricultural land . EcoVillage meets other goals of the Comprehensive Plan . The housing units are designed to have a great deal of solar access to catch the sun with placement of solar collectors , or to let the sun pass so it penetrates into the streets and going to the houses behind the first row of houses . It is clustered to create open space and to foster a sense of community which is vital to the co - housing principle the owners are interested in . The neighborhood will have an access road from Route 79 with parking separate from the living area . There are three routes for emergency access . There will be a car free area for people to walk and children to play . The average house will be 1000 to 1100 square feet . Space for a playroom or areas for entertaining large groups will be 10 taken up by the common house . The common house will have a child care room , communal kitchen and dining room , outside dining terrace , sun room / sitting room , library , laundry facilities , and shop . This leaves the houses smaller and more efficient in utilization of space . Space left between the houses will be for pedestrians with flower gardens instead of for cars and garages . Every house has a semi - public space overlooking the common street . All the houses will be designed to have their kitchen windows overlooking the children ' s play area , so the children can go out to play still in " mother ' s view " . The common house is also designed for this feature . This co - housing proposal fits with the Comprehensive Plan as well as the current zoning , especially the existing cluster regulations . The co - housing group is not asking the Town give this a SLUR designation because the use is different , this is the same zoning use , one and two family residential . The overall density is much less than allowed . There are some small important deviations necessary to the success of the project in meeting the co - housing and environmental goals . It is necessary the houses be close together to foster a sense of community and for providing the remaining open space . Therefore , the houses were placed as close as State Building Codes permit , five feet , less than the Town zoning which requires thirty feet between houses . Since the houses are clustered and it is vital to get solar access , the houses have been built up instead of out , which means they exceed the Town thirty feet limit by a small amount . The form of ownership being sought is cooperative , as opposed to condominium , and homeowner association . Present cluster regulations specifically allow those ownerships , it doesn ' t specifically say co - op . Having it incorporated in the SLUD eliminates that issue . The co - housing group also is asking the Town to adopt a more comprehensive way of engineering and looking at road design . The Comprehensive Plan says , " foster the use of designs that seek to balance the competing interests or needs of engineering , community planning , safety , aesthetics , economics , and the environment " . That type of plan would have the road coming in at Mecklenburg going straight through and hooking up to Elm Street , or coming over and hooking up to West Haven Road forming a loop which may or may not have houses along it . It is believed the proposed road is much safer and a much better solution because this proposal causes much less traffic . No one will cut through as it only goes to the residential community . It will also be a road that is traveled more slowly as only those living there will use it . Traffic 11 devised the other way would increase traffic onto West Haven Road . Traditionally having more roads chops the agricultural land . The Comprehensive Plan deals with these issues quite specifically , it says , " discourage strict type residential frontage development along major arterial and collector roads to insure safer residential areas . Discourage the conversion of local residential roads as through roads , insure that large volumes of traffic are not routed through residential areas ; strive to protect residential areas from the adverse effects of traffic , limit traffic , road widths , traffic volumes and speeds , and finally develop innovative Town Engineer standards to provide for effective engineering solutions that also enhance aesthetics and protect the environment " . The EcoVillage plans meet these goals . The co - housing group hopes the Town Board will recommend the Planning Board review these issues . Councilman Niklas - This is a daring proposal , otherwise it would not require a SLUR . The Board has received a letter from the Town Planner recommending the matter be referred to the Planning Board , Planning staff , and Attorney for the Town for review and recommendation . The best venue for raising the issues brought out is to recommend the Planning Board address them . Motion made by Councilman Niklas , seconded by Councilwoman Harrison authorizing the Town Planning staff , the Planning Board , and the Attorney for the Town , review the additional amendments and considerations for the SLUR # 8 for EcoVillage and make a recommendation to the Town Board . The recommendation from the Planning staff , Planning Board , and the Attorney for the Town shall be submitted to the Town Board for review as soon as reasonably practicable . The Town Clerk is to submit a copy of the portions of these minutes to the Planning staff , Planning Board , and Attorney for the Town along with a copy of this resolution . Supervisor Whitcomb - This has been brought to the Board at this point in the deliberations because it is a daring proposal . One of the areas which has the potential for the most controversy would be the extended cul - de - sac . It was thought there was no point in the Planning Board continuing its deliberation until they had some idea if the Town Board would be willing to approve it , as long as the details and technicalities were worked out . This road proposal exceeds the length of any cul - de - sac in the Town by several hundred feet . The SLUR notes there are some solutions . The developer has proposed once certain thresholds are met the length of the cul - de - sac could be reduced to 1 , 500 feet . 12 Provisions would have to be made for it to become a Town road at some point . Specifications would have to be met . There are three areas which would create conflict . The building height , the proximity of the buildings to one another , and the length of the cul - de - sac . If the Town Board generally approves of those conditions but wants the details to be worked out by the Planning Board , then the resolution should •be adopted . Councilman Klein - The Planning Board should give it very careful scrutiny . Councilwoman Harrison - It is not clear as to why this type of road would be considered safe , the concern is emergency access . General standards say access should be allowed from two different directions in case there is a problem . Mr . Weisburd - If there was going to be more development later , there would be added another loop road , and possibly a divided road . This is the proposal for the present co - housing group . Supervisor Whitcomb - Does the present proposal include a secondary emergency access to West Haven Road ? Mr . Weisburd - There is an existing road , and the process is underway of procuring a right of way through the private parcel onto West Haven Road . Supervisor Whitcomb - To what standard would that be maintained ? Ms . Greene - It would be maintained clear of snow . It would not be built to the same standards as the primary road . It would be a secondary emergency access as opposed to a loop road ending up on West Haven Road . Supervisor Whitcomb - It could accommodate large emergency vehicles anytime of year ? Ms . Greene - Yes , but it would not be considered a thoroughfare . Councilman Niklas - Making the motion does not minimize the importance road safety , building heights , or the houses being built as close together as State standards . These technical questions are best discussed at the Planning Board level . After the Planning Board recommendations are received , this Board will have to review those recommendations . The Planning Board typically provides reasons for accepting or rejecting on a more technically sound level . Mr . Weisburd - The design would allow spaces so the maximum distance of a fire truck to a house would be 60 feet . 13 Councilwoman Harrison - The possibility of the main road being blocked has to be dealt with if the emergency vehicles are coming in on the secondary road through West Haven Road . Mr . Weisburd - The co - housing group is asking that it be looked at in an more comprehensive way , the fact there is an open field with no gradient must be different than a case with a gradient and trees . Calkins Road is 4 , 000 feet , that is a dead end . Commonland has a secondary access which is closed to traffic . It is not all that unusual . Because of the grade and the standards the road could be built , it is accessible . The whole picture needs to be looked at . Councilman Niklas - The whole picture is complicated because the preliminary site visits indicated the possible presence of a wetland . This is also near the Coy Glen Unique Natural Area , The Planning Board has the better expertise to make a recommendation . Councilwoman Valentino - The Planning Board is saying if the Town looks at this plan and the obstacles talked about can be overcome , would the Town Board be receptive to this type of a housing plan . This proposal is wonderful . If the problems can be overcome , it should be approved . Mr . Kanter - The Planning Board felt some of the waiver issues were more policy decisions which would be more appropriately made by the Town Board . The Planning Board is looking for policy direction to go ahead with consideration of this proposal . Supervisor Whitcomb - In passing this resolution the Town Board is saying they have no objections to the concepts in principle . The Town Board would like the Planning Board to proceed to work out the details . Councilwoman Harrison - What are the water and sewer plans for the project ? Mr . Weisburd - There is a municipal sewer at the lower right corner of the property , an easement is presently being secured to go from there to the project . The water exists along Mecklenburg Road . There is enough quantity but not enough pressure . The co - housing group would own and operate a pressure pump system to supply the needed pressure . Councilman Conley - It is assumed the Planning Board and the Town Planner will have the opportunity to discuss this issue with the Town Engineer and Highway / Parks Superintendent . Their input and concerns should be completely addressed before the proposal comes back to the Town Board , Councilman Niklas - In the Town Planner ' s memorandum he raised the issue of whether the SLUR should be drafted to include only the 14 i currently proposed 30 units , or whether it should be drafted to be more encompassing of the overall prospectus of the EcoVillage Development . As one Board member , the Planning Board should look at the whole picture because there is an opportunity to achieve greatness here . But , the greatness has to be taken in the context as to what goes on around this . This was presented as wishing this project to be kept as a self contained project , but the comprehensive planning document views every . self contained project as being part of the Comprehensive Plan . There are a lot of undeveloped areas all around this project . The Planning Board should identify any potential difficulties which could occur should the other lands around it be developed at the currently permitted zoning . There is no guarantee the land around the project will be as ecologically and sensitively used as the Eco Village project . That could have potentially disastrous consequences on this proposed community . It would be almost an island unto itself . Supervisor Whitcomb - Are you suggesting the SLUD include all the land surrounding this , or just this parcel with the acreage identified ? Councilman Niklas - The SLUD should include all the land around it , but the Planning Board ' s hands should not be tied . The issue should be looked at and a recommendation be made . Agenda Item No . 11 - Public Hearing , " LOCAL LAW AMENDING LOCAL LAW NO , 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE DISCLOSED ON DISCLOSURE STATEMENTS " : The Supervisor opened the public hearing at 7 : 00 p . m , and postponed the hearing until finalization of the discussion at hand . Agenda Item No . 10 - Proposed SLUD # 8 , EcoVillage - Cont ' d : Motion called by the Supervisor . Vote carried unanimously . Agenda Item No . 11 - Cont ' d : The Supervisor resumed the public hearing at 7 : 02 p . m . The Town Clerk had proof of posting and publication . Supervisor Whitcomb - This issue has come before the Board previously . The Town with this local law enactment would be in compliance with any civil liberties regulations . Supervisor Whitcomb called for comments from the floor . No member of the public wished to comment . Public hearing closed at 7 : 05 p . m . Agenda Item No . 12 - SEQR , " LOCAL LAW AMENDING LOCAL LAW NO 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE 15 DISCLOSED ON DISCLOSURE STATEMENTS " : Motion made by Councilman Niklas , seconded by Councilwoman Valentino making a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed Local Law No . 6 / 1994 a , " LOCAL LAW AMENDING LOCAL LAW NO . 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE DISCLOSED ON DISCLOSURE STATEMENTS " , and therefore an Environmental Impact Statement will not be required . Carried unanimously . Agenda Item No . 13 - Enactment , " LOCAL LAW AMENDING LOCAL LAW N0 , 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE DISCLOSED ON DISCLOSURE STATEMENTS " : Motion made by Councilman Niklas , seconded by Councilwoman Harrison enacting Local Law No . 6 / 1994 , " A LOCAL LAW AMENDING LOCAL LAW NO . 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE DISCLOSED ON DISCLOSURE STATEMENTS " , and the Town Clerk is directed to file the said local law as prescribed by law . This law shall take effect within ten days of its enactment or upon its filing with the Office of the Secretary of State , whichever is later . Roll call vote carried unanimously . Agenda Item No . 21 - Public Hearing Date , " LOCAL LAW ESTABLISHING AND / OR CHANGING CERTAIN FEES CHARGED BY THE TOWN CLERK FOR VARIOUS LICENSES AND ACTIVITIES PERFORMED BY THE TOWN CLERK " : Attorney Barney - Right now the fees are set forth in several different places , some are in the Zoning Ordinance , some in the overall local law from the Town Clerk ' s Office , and a building enforcement local law for operating permits , etc . There are two ways for legislating the collection of fees . One is in the municipal home rule law which says a Town may by local law adopt fees , which would encompass a public hearing being held . In Town Law , Section 130 it says , " a Town Board may by rule , regulation , or ordinance adopt certain fees " . Those are fees largely related to the building process . However , it says it is done in the context of issuing for these matters , and that the ordinance or resolution is subject to a public hearing . The choices are to continue with the current process which is adopting and amending local laws with the proper public hearing . The Town Clerk thought we might be able to get away from the local law amendment and go to a resolution . However , we were under the impression that could be done without a public hearing , which cannot be done . The only process that would be eliminated would be the filing with the Office of the Secretary of State . Another consideration is the fees which are permitted by regulation and rule are largely related to plumbing and building . The generic 16 i provision which allows the setting of fees to any matter of issue is clearly by local law . There is a certain greater comfort level t if it were kept in the local law sphere rather than regulations . Supervisor Whitcomb - Reluctantly agreed , and had hoped that the Town could do this by resolution and not have to go through the entire public hearing process every time the fees needed adjusting . The Supervisor instructed the Attorney for the Town to draft a local law for a public hearing to set new fees . Try to set them realistically enough so that it does not have to be done often . Councilman Klein - Would this include all Town fees , or just Town Clerk fees ? Attorney Barney - All fees , the Town can by local law set fees . Motion made by Councilman Niklas , seconded by Councilwoman Valentino authorizing the Town Clerk to advertise for a Public Hearing to be held on October 3 , at 7 : 00 p . m . to consider a local law setting fees charged by the Town Clerk . Councilwoman Harrison - Is it possible to set a fee at the exact cost of copying ? Does it have to be an actual dollar amount ? Attorney Barney - Some of the fees are set that way with a maximum per charge . Freedom of Information requests for copies can be supplied at the cost of copying with a limit not to exceed so much per page . The copying is not a problem . The items needing change are things like the Zoning Ordinance . If you went by the Freedom of Information Act you would have to charge $ 50 . 00 because of the number of pages . I Councilman Klein - Can all the categories have fees with a statement " not to exceed " , and then by resolution adjust them ? Councilman Niklas - That would give some leeway as the years past . Mrs . Noteboom - The Town Clerk ' s department is the one who sells these and if other departments have something printed at a print shop , it may cost a few dollars more than what is charging . They Will then arbitrarily ask to have the fees charged . Councilman Niklas - There could be a committee who would periodically evaluate the fees and change them when needed . Mrs . Noteboom - Doesn ' t the Zoning Ordinance direct publication in the official newspaper when changes are made to it ? c Attorney Barney - The law has been changed , it can be done by 17 I� iI i either publishing the entire local law or by publishing an abstract . Councilman Niklas - Thought needs to be undertaken as to how these changes can be made before the public hearing through draft local laws . Then have a committee who meets periodically to review a uniform fee for each of these items . Mrs . Noteboom - The present local law has not been changed since 1992 . Fees being changed is not done often . Attorney Barney - Having the public hearing at the next meeting may be too soon . One local law could be created which addresses all of the fees . That is not what a public hearing next month would be for . There are some problems with under pricing things which are being sold . If you plan to do this on October 3 , the immediate problem would be addressed . Supervisor Whitcomb - A comprehensive look at all fees makes more sense than trying to do one local law at a time . Councilman Valentino - It would be better not to have the public hearing . Councilman Niklas - Staff could evaluate the fees and bring suggestions to the October or November meeting to set a public hearing for December . Attorney Barney - The amendment to the Town Clerk local law should be done for the October public hearing to get the fees for that department to the reasonable levels they should be at for those things under priced . Councilman Klein - Is the Town losing so much money that it is worth doing this twice ? Mrs . Noteboom - On some documents the Town is losing up to $ 5 . 00 , about $ 100 . 00 per month . Supervisor Whitcomb - The sense of the Board is to do this in the most efficient , expeditious manner possible . The staff will readdress this issue and bring it back to the Board within the next couple of months . Councilman Niklas - Motion rescinded . Agenda Item No . 15 - Water System Benefitted Area 1994 , Coddington Road : Supervisor Whitcomb - At the last meeting when the vote was deadlocked a resolution was adopted authorizing Councilwoman Harrison and Councilman Klein to pursue other options to solve the 18 water situation on Coddington Road . Councilwoman Harrison - The resolution directed investigation of the Town being able to provide some financial assistance to the Coddington Road Community Center to dig a well and install a holding tank . The advice from the Attorney of the Town is the Town can purchase services , the Town cannot directly support a private organization . The Town has a contract for services with the Community Center which could be expanded , but any funds put towards the center would have to be for an increase in services . There is no feasible way to directly pay for the well and holding tank . Since the last meeting Supervisor Whitcomb met with the holder of the Community Center mortgage to see if the borrowing power of the center could be increased . They were told if there were an increase in revenues , i . e . contract for services , there would be the opportunity to increase the borrowing . The issue would also become the duration of the contract for services . The credit union would like to see a long term contract to insure revenues . The Town Board may have trouble with a long term contract . The question as to whether the Town could put in a new well on the ball field where the Town has rights and give the water to the center is problematic legally and in the terms of making the Town a public water supplier . A consulting geologist not personally familiar with the site said , " there is a 90 % chance the existing well could be restored to its original yield " . This would cost approximately $ 2 , 000 . $ 200000 for evaluation , $ 100 set up fee , and the rest could be paid contingent upon success . The well could be redeveloped through hydro - fracturing or other means like as acid washing to rid the well of hardness in the fractures . There was a discrepancy between the capacity of the newly installed septic system which was designed for a maximum daily flow of 450 gallons , and the estimated average daily flow of 300 gallons provided by the Community Center . The average daily population is 27 people with a formula factor of 13 gallons per person for a school or camp . The Health Department was asked how they came up with the average water demand of 600 gallons per day . If you put 600 gallons per day into the current system , the system will be blown out very fast . The 600 gallons per day came from a memorandum Anne Morrisette sent which said 40 people a day using 15 gallons per person per day . The discrepancy is between the number of people per day , it is not known how that happened . Both of those are in the range of what the State recommends . It is very beneficial to put in low flow toilets if there were enough water , otherwise the septic system would be in serious trouble . 19 i The current Town law would require a sprinkler system to be installed in 1997 . This has the potential of being served by a large on site storage tank . However , it is much harder to meet the sprinkler requirement with an on site well and storage rather than a connection to public water . Mr . Walker - It would probably take at least a 1 , 000 storage tank to meet the needs of a sprinkler system . Councilwoman Harrison - One creative option would be to have the Town make the Community Center a showcase and demonstration place for low water use . The Community Center is not the only place where there is insufficient capacity of existing on site wells with septic system problems . The idea of demonstrating to people there are ways to cope with these issues other than running public services is beneficial . At the Community Center the majority of water is used for flushing toilets . The opportunity exists to install composting toilets which are presently being used in many areas , such as the Watkins Glen Racetrack . They are approved by the State Health Department . Some of those units use no water , and some use a pint per flush . With these units the waste materials are transformed into a compost , they could also be used for any kitchen waste potential . They are fairly expensive and would cost between $ 5 , 000 and $ 10 , 000 to install at the Community Center . The Attorney for the Town was asked if the Town could fund such a demonstration program , not to support the Community Center , but use the center which is a community resource as an educational entity . Could they be made as a model for water conservation and for sewerage flows , and in exchange they would provide demonstrations of such to the public ? Attorney Barney - The Town could probably structure a contractual arrangement for that type of activity . More research would have to be done . Councilwoman Harrison - The advantages of that type of solution would be a tremendous example of water use . There would still be the issue of the sprinklers . The Town may consider waiving that requirement . No one sleeps there , it is all on one floor , there are exists from every room except the bathroom , and the staff to student ratio is very high . The well at the Community Center is so poor it is still possible to imagine even with the composting toilets , they would need to do something . That may not mean a storage tank , or a well able to fill that storage tank and get 400 gallons a day . Doing that would not deal with the problems the other neighbors are having and would 20 ii still require the center do something to increase the yield . Councilman Conley - The obligation of a Town Board member is to listen to people who present petitions and tell what problems they are having . There is something that can be done here which fits in with Board responsibilities . It is nice to believe the Board can address and resolve those problems . Such as , a petition for extension of a water line that not only takes care of a community center , but also will help the other neighbors who have not been included in these discussions . It is also very possible that fracturing of any well in that neighborhood will set up an adverse effect on some wells which are working fine , or some that could have a host of other problems created . The Troy Road water extension was approved for construction because one individual wanted to build some lots and would grant an easement to the Town . It is amazing the amount of energy being spent to figure out a way not to put in this water extension , when there are plenty of alternatives to deal with any negative effects of development pressures . The Town Planner has discussed that the Town can develop regulations that would protect the watershed , neighbors , and land . There is no reason not to continue to extend the water line . All the additional contacts with people who have called show there is a great deal of support for the extension of this water line . In the event the resolution is not adopted for the extension of the water , then other alternatives will have to considered to include some protection or assurances for the other people who are looking to the extension to solve their problems . The other day care center which is affected will also have to determine if it has to provide sprinklers . " I am not impressed with the additional energies expended to not extend the water line " . Councilwoman Grigorov - The comments heard this evening are convincing in a way , but there has also been public response from other people in the area which is negative . Comments from the other Board members would be appreciated . Councilman Klein - The efforts Councilwoman Harrison has made to try and explore alternatives are commendable . The concern is whether or not the Community Center has exhausted every possible avenue to take care of this water problem before coming to the Town Board . Very good letters have been received that the Community Center did do everything possible before coming to the Board . 21 Given the considerable expense to the alternatives and more modern technology that may be appropriate elsewhere at a later time , and recognizing the fact the Community Center is a significant resource for the community , and the fact if the sprinkler ordinance is not changed they will be required to install that system . " Somewhat reluctantly , I am willing to change my vote to a yes . I am more or less convinced , but not . entirely " . Councilman Niklas - After what Councilman Klein has just said , the deadlock has already been broken . My apologies to members of the community for not being here at the last Town Board meeting , my absence had been noted by the Town Supervisor . The issue is very contentious and the tapes of the last meeting were made available so that attendance was made in absentia . All the documents have been read again . It is clearly an issue where both sides have made very compelling arguments . Councilwoman Harrison ' s attempts to reconcile them are well placed and in keeping with the fiscal responsibility all Board members have , which is to explore viable alternatives . There is a sense that the possible solutions to the problems other than the extension of water are problematic . If the community center attempts to hydro fracture and increase the yield of its well and it is successful it could withdraw the limited amount of water in the wells neighboring the center . This could exacerbate the problem for others . Even if the water flow were increased in this way for the center , there is still no guarantee the flow capacity could meet all the demands including the sprinkler systems . Along with Councilman Conley , it is the responsibility of the Town Board to meet reasonable requests for the extension for water and sewer lines . It is of course , within the Town Board ' s purview to decide what is reasonable and set priorities for what is fiscally responsible . The issues of fiscal responsibility and curtailing unwanted or uncontrolled development in the area are totally separate . If the Town relies on limiting access to water and sewer to control development then the Town has not provided the leadership the Town Board should , and is capable of doing . Motion made by Councilman Niklas , seconded by Councilwoman Valentino adopting the Public Interest Order for the Water System Benefitted Area , 1994 - Coddington Road . Supervisor Whitcomb - I have a great deal of empathy for both sides about this issue . Having served on the Comprehensive Planning 22 Committee , the potential for growth that extending water and / or sewer to an area is understood . It is agreed this Town Board should exercise leadership necessary to provide other methods of controlling and managing growth in that area . If nothing else , this debate has not been in vain for either side , it has increased the level of awareness of what the Town Board is actually doing when it extends services into an area . Never again will any Town Board simply pass a resolution to extend water or sewer into an area without thoroughly discussing all the planning implications . Sincere thanks are made to Councilwoman Harrison for her efforts in exploring alternatives and raising the level of awareness of this Town Board and all Boards in town government . It has been discussed how quickly action can be taken on some sort of growth control mechanisms in this area , and the possiblity of a moratorium . The Attorney for the Town has advised it would probably take as long to discuss and enact a moratorium as it would to discuss and enact certain types of rezonings and environmental protection districts . Councilwoman Harrison - A number of people have argued sewage disposal is really a separate question . How does the Town Board think they can deal with a projected significant increase in water use on the part of a number of the people who have petitioned for this extension ? What if anything can be done to try and insure there will not be a great deal of failed septic systems in the near future ? " I believe quite strongly that is what this Town will be seeing happening " . Councilman Klein - Could the Town require that prior to residents hooking up to public water they install certain water saving devises within their residence ? Attorney Barney - Presently there are building code requirements for new construction requiring low flow toilets . Councilwoman Grigorov - Could there be restrictions such as age on septic systems before allowing hook up to the water ? Attorney Barney - The Health Department regulates septic systems . If someone gets water and uses greater quantities resulting in the failure of the septic they step in and make requirements . Councilman Niklas - What basis does Councilwoman Harrison have to believe there will be septic system failures at a greater frequency because of the extension of water ? Councilwoman Harrison - In general , if a number of these people 23 have petitioned for water because they do not have enough water to do what they choose in their homes , looking at the calculations for example , the Community Center , the septic system is undersized for what was estimated the water needs to be . Councilman Niklas - These people have unused water because it has not been available , providing water will not mean they go to the bathroom more often , now they will flush with regularity . They will do their regular load of laundry as they would have normally had water not been limited . Consequently , if their consumption of water is normal why would it be predicted their septic systems would fail . Councilwoman Harrison - That would be in part due to age , the newer systems should have been sized adequately . The older systems wouldn ' t meet current standards or may already have problems . There is a petition for the extension of sewer along Coddington Road where there is presently public water . Mr . Walker has pointed out there has never been an area in the Town which has water that hasn ' t requested sewer after receiving the water . People become unaware that they have septic systems , it is hard to be unaware they have a well . If you have a well you think about it . Councilman Niklas - The problem posed is failure of septic systems , that is not the thing that invariably promotes people to be hooked up to sewer . If the septic system fails at the CRCC the cost of putting in a new septic system would be less than having to deal with the alternative price of supplying more water . Roll call vote . Councilman Conley , aye ; Councilwoman Harrison , nay ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilman Niklas , aye ; Councilwoman Valentino , aye ; Supervisor Whitcomb , aye . Motion carried . Mr . Walker explained there is a set of construction specifications for the water system on Troy Road which are the same as would be needed for Coddington Road . Both jobs could be bid at the same time with the Coddington Road project as an alternate , to meet the time frame of the permissive referendum . This would allow construction of this project in November . The Board discussed how the logistics of publication and advertisement of the bids could be met . Agenda No . 17 & 19 - Bid Specifications Authorization for Bids Water Improvement , 1994 - Troy Road and Coddington Road : Motion made by Councilman Niklas , seconded by Councilman Conley approving the plans and specifications for the construction of the 41 Town of Ithaca Water Improvement , 1994 - Troy Road , with the plans 24 i and specifications for the construction of the Town of Ithaca Water Improvement , 1994 - Coddington Road as an alternate and hereby authorizes the Town Clerk to advertise for bids for the construction of the Troy Road Water Extension and the Coddington Road Water Extension . Carried unanimously . The Supervisor called a special Town Board meeting to be held on October 13 , at 5 : 00 p . m . in order to consider the proposals for bids for the construction of the Town of Ithaca Water Improvement , 1994 - Troy Road and the Town of Ithaca Water Improvement , 1994 - Coddington Road . Agenda Item No . 18 - Authorization for Advertisement of Bids , Sewer System Benefitted Area - Westhaven Sewer : Motion made by Councilman Niklas , seconded by Councilman Conley approving the plans and specifications for the construction of the Town of Ithaca Sewer Improvement - 1994 , and authorizes the Town Clerk to advertise for bids for the construction of the Westhaven Road Sanitary Sewer Extension . Carried unanimously . Agenda Item No . 34 - Chase Pond Subdivision ( Hospicare , Saunders Road Mr . Walker - Work has progressed to construct the improvements for the Chase Pond Subdivision . Motion made by Councilman Niklas , seconded by Councilman Conley that the road and other improvements for the Chase / Pond Saunders Subdivision is hereby accepted by the Town Board contingent upon the final approval of the improvements and supporting documentation by the Highway / Parks Superintendent , the Town Engineer , and the Attorney for the Town . No more than one building permit shall be issued on Saunders Road , and no more than one building permit on the Hospicare parcel until title of Saunders Road is transferred to the Town . No Certificate of Occupancy shall be issued until the title for the improvements has been transferred to the Town . The diversion ditch is built and needs final grading and seeding , but it has succeeded in stopping some water staying in yards . Motion carried unanimously . Agenda Item No . 8 - Youth Program Pilot Project : Councilwoman Valentino the Youth Program Pilot Project has been an on going effort which has had many ups and downs over the last four years . A mechanism has been sought to deal with Youth Programs . The Towns normally contract with the city for a specific amount without having any real say in what the programs would be or where they 25 i would be administered . This pilot program has been embraced by the City , the Town , and several municipalities who have never shown any interest in being a part of a cooperative . It is beginning to look as if this pilot may work . The program takes the decision making of the recreation activities for the municipalities that are partners away from the City . The rest of the partners will have their own commissions who will set the programs , fees , and budget for recreation services for the Ithaca School District . The school district has also become a partner in this , and have opened up their facilities for programs to be held there . This is a major breakthrough which is finally becoming a reality . When looking at the final numbers at the City , shows an increase by the Town of Ithaca in its participation by $ 24 , 000 . The Supervisor felt that was somewhat excessive in comparison with what the other municipalities would be contributing in view of the County contribution . Supervisor Whitcomb - Mr . Joseph said the county was going to contribute 50 % of the costs for the additional municipalities . How much effect would that have on the contribution expected from the Town of Ithaca ? Councilwoman Valentino - If all the municipalities participate the County contribution is 50 % . 50 % of the other municipalities contribution has already been figured into this budget . The City and Town would pick up the same share as they had always paid , if the other municipalities could be motivated to participate . The County contribution is 50 % of the costs of the other municipalities because it is new to them . This would help those municipalities overcome some of their fears and apprehensions about the program . This is a two year pilot project , the Commission will try in the two years to get the program running in two years . At that time it will be evaluated to see if there are enough children from the other communities to make the program worthwhile , or should it be rethought and just have a joint commission of the City and the Town . Even then the Town of Ithaca would be a full partner . Councilwoman Harrison - This proposal would have the Town paying just a little less than the City . Is that because the Town has as many children be served ? Councilwoman Valentino - This is the partnership costs . The City of Ithaca has a lot of additional things they will be paying for which is not represented in this proposal . The pool facility and others actually doubles the amount they are contributing . 26 Councilwoman Harrison - How were the estimates for the other municipalities arrived at ? Councilwoman Valentino - The participation levels from the last year before there were triple fees was evaluated because the participation was much more then . The partnership for the other municipalities was based on that number . The pilot program will tell what the real participation is after the two years if families are not limited to the triple fees . All these municipalities in some part are included in the Ithaca School District . Supervisor Whitcomb - Councilwoman Valentino and her group have done a tremendous job in negating the pilot project which is a true Joint Youth Commission rather than just a group of municipalities contracting with the City of Ithaca for youth services . It give the municipalities a voice . The main concern is the cost is a bit higher than what the Town has been paying in the past . In the previous discussions there are some programs which have not been as productive and cost effective as others . Councilwoman Valentino - Part of the task of the commission to review this . The numbers may be changed somewhat because the new commission will look at what is being paid for items such as the day camp , ( which seems to be very low in participation ) . Other programs where the City has historically run them even though participation is low will be considered . Maybe some of these monies may be switched to others . The program frees up a whole new series of ideas and will allow usage of the money more effectively . The Supervisor and Councilwoman Valentino would like to negotiate further the Town ' s share of this pilot program . Maybe only an increase of $ 13 , 000 can be agreed upon instead of the $ 24 , 000 because there is still some County and State matching funds . The County has said they may be able to utilize these funds if it is planned right . Motion made by Councilman Niklas , seconded by Councilman Conley that the Town Board approves the Joint Recreation Partnership proposal with the understanding the Town of Ithaca share of the program has yet to be negotiated . Carried unanimously . Agenda Item No . 25 - Cornell University , GEIS • The Supervisor had asked at a previous meeting for Councilwoman Harrison to summarize her concerns and views regarding the SLUR . Supervisor Whitcomb asked the Board how much time they felt would be needed to discuss the issue , and then set a public hearing for 27 a future date . Councilwoman Harrison - There were some things in the findings statements or in the GEIS but were not actually in the law . It is likely that what is in the law will matter , and the findings statements will not be considered as they should . It seems that anything which is important in terms of commitments and decisions should be in law itself . I do not believe the issue of dealing with views across the parcel and from the parcel were dealt with strongly enough . The findings statements makes mention of looking at views when at the site plan level , that should be strengthened somewhat . There have been concerns that some of the lands discussed have been used for a long time for teaching and research in the agricultural field and is particularly valuable . It may be Cornell ' s business what they want to do , however the Town has an interest in the preservation of agricultural lands within the Town . This is something which should be looked at . One of the things which might have been explored more fully than it might have been by the Planning Board is the traffic and transportation issues , particularly Forest Home traffic . It looks as if they said it was not necessary as it was not on the site in question . It is clear in this type of process the bodies which approve the GEIS and the law , have a right to deal with mitigation measures which do not take place on the site . Councilwoman Grigorov - " That is not what the Planning Board said " . Councilwoman Harrison - The Forest Home traffic issue is very important and is an issue the Town will hear more about from that community . The last is a philosophical issue . The whole land represents only 3 . 2 % of the entire watershed , what does that mean to the other 96 . 8 % of the water shed such as the Cascadilla Creek ? She is satisfied the work which was done to deal with water quality impact had been suggested and incorporated into the GEIS . These are issues she sees outstanding . Supervisor Whitcomb - What is unclear at this point is how the Town Board should proceed . At some point a public hearing will have to be held . Councilwoman Harrison - Former Supervisor Raffensperger had sent a letter saying the Town Board will have to do findings as they will not be done at the Planning Board level . Have the site visit , and the Attorney for the Town look into the suggestions made by former Supervisor Raffensperger this would give the Board a better sense 28 of what still needs to be done . Supervisor Whitcomb - The earliest a public hearing could be held 1 would be November . What type of time frame is Cornell looking for ? Mrs . Egan - There is some importance that this issue has been discussed for 18 months , and then someone comes forward and says that the GEIS is out of date . Councilman Niklas - The public hearing could be set for November which would give time for completion , if necessary that public hearing could be postponed . Motion made by Councilman Niklas , seconded by Councilwoman Grigorov authorizing the Town Clerk to advertise for a public hearing to be held on November 10 , at 8 : 00 p . m . to consider the Cornell University GEIS , Special Land Use District . Carried unanimously . Agenda Item No . 22 - Public Hearing Date , 1995 Sewer Rate Schedules : Motion made by Councilman Niklas , seconded by Councilwoman Grigorov authorizing the Town Clerk to advertise for a public hearing to be held on October 3 , at 7 : 30 p . m . to consider a , " LOCAL LAW AMENDING LOCAL LAW # 61 1986 TO INCREASE SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA EFFECTIVE JANUARY 1 , 1995 " . Carried unanimously . Supervisor Whitcomb - As part of the budget process a task is to consider the sewer and water rate schedules . Agenda Item No . 23 - Sewer Benefit Unit Assessment Charge : Attorney Barney - Setting the benefit unit assessment charge is part of the budget process , they will be set by resolution so a public hearing is not necessary . Agenda Item No . 24 - 1995 Water Rate Schedules : Motion made by Councilwoman Valentino , seconded by Councilwoman Grigorov authorizing the Town Clerk to advertise for a public hearing to be held on October 3 , at 8 : 00 p . m . in order to consider a , " LOCAL LAW TO AMEND LOCAL LAW # 21 1976 , BY ADOPTING A NEW WATER RATE SCHEDULE EFFECTIVE JANUARY 1 , 1995 FOR WATER RATES , CHARGES , AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN THE TOWN OF ITHACA " . Carried unanimously . Agenda Item No . 26 - Compliance Americans With Disabilities Act * Mr . Frost - The preliminary estimate is for the outside ramp near the Town Board room . The current ramp is in need of repair . The ramp has to be widened , a railing has to be put on the building 29 side , and the ramp rise has to be modified . The modifications would provide a five foot level area upon approaching the ramp . Continuing with the rise , with a ten foot level area at the door . The estimate shows the cost of an electronic door opener . Security for the back of the Town Hall has been discussed . The law does not necessarily commit the building owner to have restricted access . Someone must be able to push a button or the level and have the door opened . A buzzer could be installed to inform staff when someone is entering . Supervisor Whitcomb - Several years ago a cost estimate of about $ 13 , 700 was given for a ramp at the front of the building . Now that cost has been estimated at $ 27 , 000 . Supervisor Whitcomb - There is the question of security when there may be people who are not handicapped who push the button for entry when the rest of the doors are locked . There is also the question of handicap access once the person is in the room . The law would exempt the Town from having to make major modifications to the building for inner door width . Councilwoman Valentino - Does the Town own the land where the extension of the ramp would be placed ? Mr . Frost - It is believed to be owned by the Town , but that will be investigated . Supervisor Whitcomb - The Town is looking for a new Town Hall , it is not known when it will be acquired or constructed , probably two years . The grade of the ramp is wrong , plus the railing , and the width of the door . Mr . Frost - The law allows people to be served in the Board room as long as staff comes to them . There is also a need to change the toilet in the bathroom downstairs . To change the toilet and install wrist plates will cost about $ 600 . 00 . Councilman Niklas - There is the possibility of a lawsuit if the Town is not in compliance . That could easily equal the amount being talked about for compliance . The Town would also be sending a sad public message about being in compliance with the law . The cost is relatively small compared to the negative effects of a lawsuit and the bad public relations . Councilman Klein - The bathroom fixtures are not really available to the public , it is not unreasonable to adapt those . Mrs . Noteboom - The funds are presently in the budget for $ 17 , 000 . 30 Motion made by Councilman Niklas , seconded by Councilwoman Valentino authorizing the Town Engineer and Building / Inspector zoning Officer to solicit cost estimates and proposals , and / or bids if required , for the construction and materials necessary for the Town Hall to be in compliance with the Americans With Disabilities Act . Carried unanimously . Supervisor Whitcomb - A new policy has been started where people must check in with the receptionist upon entering the building for security reasons . Agenda Item No . 27 - Amendment Resolution , Town Hall Feasibility Study : Motion made by Councilman Niklas , seconded by Councilman Klein authorizing the expenditure of an additional $ 5 , 800 for a project total of $ 11 , 800 to investigate and pursue the acquisition and construction of a Town Hall . Further , approval of a budget amendment to increase A1620 . 412 and decreasing A1990 . 400 by $ 5 , 800 to cover the additional cost . Carried unanimously . Agenda Item No . 28 - Recommendation Appointment Board of Fire Commissioners : Motion made by Councilwoman Harrison , seconded by Councilman Niklas recommending to the City of Ithaca the appointment of Robert S . Romanowski as the Town of Ithaca representative on the Board of Fire Commissioners for a term of officer effective immediately through December 31 , 1995 . Carried unanimously . Agenda Item No . 29 - 1995 SPCA Contract : Motion made by Councilman Niklas , seconded by Councilwoman Valentino approving the conditions of the agreement with the Tompkins County SPCA , and authorizing the Supervisor to execute the contract for the amount of $ 16 , 418 for 1995 . Mrs . Noteboom - The committee of Councilwoman Valentino and the Town Clerk met with the SPCA representatives . The committee recommends increasing the agreement 3 % from the amount last year in order to deal with inflation . In the past the SPCA has raised the contract 10 % to 15 % some years as they did not adjust for inflation . Providing a small percentage for inflation will hopefully deter large fluctuations from year to year in the contract amount . The Town Board in the future may have to consider a contract for cat control with the SPCA if the County cannot negotiate an IL acceptable agreement with them . There has been five cases of 31 rabies in the last five years the County is aware of . Four of those cases were cats and one a dog . One of the cats was found in the Town of Ithaca . The SPCA may be able to perform an enumeration for the towns within the County . They are preparing a pilot program to present next year . Motion was carried unanimously . Councilwoman Valentino - There will be future discussions regarding cat licensing . Agenda Item No . 30 - 1995 Salary Ranges : Supervisor Whitcomb - The salary ranges presented are upon the recommendation of the Personnel Committee . Motion made by Councilwoman Valentino , seconded by Councilwoman Harrison approving the 1995 Salary Ranges as recommended by the Personnel Committee . Mrs , Punger - The upper end of the range in most cases has been changed . Each was considered individually based upon comparisons i of realistic ranges for the same position . Motion carried unanimously . Agenda Item No . 31 - Water Damage Claims * Mr . Walker - The issue of water damage claims in general need to be discussed , and what the Town Board ' s direction would be . Councilman Niklas - Didn ' t this come up before , and didn ' t the Board already give its direction ? Supervisor Whitcomb - The individual claims will be discussed during Executive Session , Agenda Item No . 32 - SCLIWC Negotiated Workplan • Mr . Walker - The workplan presented was generated a while ago . There has been some contention between the different towns and Bolton Point as to Bolton Points responsibilities , authority , and what fees they charge above the water rate they collect . The purpose of the Negotiated Workplan was to have an itemized task list of things which have been assumed by the Bolton Point staff . For the most part these tasks are performed well and the Towns are well represented . 32 The Town of Ithaca has water which is provided by Bolton Point they are paid a rate for in every area other than West Hill and Inlet Valley . Those areas are provided by the City of Ithaca so Bolton Point does not get compensated for that water use . Bolton Point is paid more for services normally performed where the water is theirs , such as customer complaints which is included in the rate . They need to generate revenue for work they are doing . No estimates have been provided about the annual charges will be for the different services for different areas . Bolton Point is presently preparing that estimate . There are also some minor areas that should be compensated which the Town should not pay extra for . The new draft will be provided for discussion at a subsequent meeting . Agenda Item No . 33 - Amendment Access Easement Lot # 8 , Chase Farm Subdivision : Mr . Walker - An easement was granted from King Road to Chase Lane for temporary access until Phase II of the project was completed and a second access to Ridgecrest Road was provided . The Phase II project will probably not occur . An emergency access through a potential park dedication may be possible . Lot # 8 has a 60 ' wide easement at the front of the lot which tapers back to a 10 ' easement at the rear of the lot . With the easement going through the lot it is difficult to put a house on it and get a mortgage from a lending institution . The owner of the lot has asked if the easement could be reduced to 20 ' in the front and tapered back to the rear of the lot , this would be in a side yard set back and would not preclude building or transferring the lot . Councilwoman Harrison - Why is there an easement in the first place ? Mr . Walker - It was an emergency access easement . A 20 ' access easement is adequate as the land is fairly level . The easement was originally 60 ' because it was intended to have a road come through King Road and link to the cul - de - sac on LaGrand Court . A road connection like that would not make sense because of the two houses on adjoining lots with only 30 feet between them . Supervisor Whitcomb - There is some opportunity to provide some through access based on other subdivisions in the area . Mr . Walker - That would not be a regular road , but an all weather road maintained more as a trail to a park or park driveway which would provide adequate fire and emergency equipment access . That would come at the end of Woolf Lane to Ridgecrest . 33 The owners have discussed this and the easement proposed would make the lot useable . Councilman Klein - How do these things happen , and how can the Town keep it happening in the future ? Councilman Niklas - There have been four or five examples of this happening . Maybe they all should be looked at individually and Codes and Ordinances could investigate those case studies to see if they have a common denominator . Attorney Barney - Earlier this evening EcoVillage came in to make a proposal for a long road with a 20 ' easement out . This happens quite frequently to get around the limitation on the cul - de - sac . A very sympathetic case is made , they will protect you by providing an easement for fire equipment . The project is usually very worthy and the Planning Board wants to authorize it , they do and it is done . It is predicted this evenings referral of the EcoVillage will be implicit approval of a 2600 feet long cul - de - sac with a 20 ' easement out to West Haven Road to the Planning Board . The Planning Board will probably do this type of thing again with EcoVillage . Also predicted , in the future some other Attorney for the Town or Town Engineer will have to deal with the problems which will occur with that approval . The project is worthy , the Town wants to have the extra access , these types of approvals do happen . The Town could adopt a policy saying no emergency access everything must have at least double access . Councilman Niklas - The recommendation to the Planning Board was to look at the entire project and the zoning of the potential developments around that EcoVillage site including where the easement would go through . Supervisor Whitcomb - The Chase Farm project has a second phase that had been planned which was precluded due to the wetlands on the property . Mr . Walker - Originally Phase I was not to go beyond a certain point . There was another easement eliminated by the Board and traded for this easement in 1989 or 1990 . Because Phase II could not go through because of the wetlands there is a 2000 foot long cul - de - sac . Councilman Klein - Is there anyway to avoid these types of problems in the future ? Motion made by Councilman Niklas , seconded by Councilman Klein approving the reduction of the easement as shown on the map 34 provided from a 60 ' width on King Road East down to a 20 ' width running from the northeast corner of Lot # 8 in the Chase Farm Subdivision . Further , the Town Supervisor is authorized to receive a quit claim deed or other instrument in a form satisfactory to the Supervisor , Town Engineer , and Attorney for the Town evidencing the Town ' s relinquishment of such portion of the easement . Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried . Attorney Barney - There is presently not an effective use of this easement . There are trees along the line right now which would have to be taken down if there were a problem . The fact it is only 20 ' is not a problem . Agenda Item No , 1 Additional - Zoning Department Vehicle : Motion made by Councilman Niklas , seconded by Councilman Klein authorizing the replacement of the 1987 Plymouth Horizon with a 1994 Jeep Cherokee at State contract price of $ 15 , 493 . 00 including a budget amendment to increase B8010 . 200 and decrease B1990 . 400 by the same amount . The vehicle proposed for purchase was originally the Highway / Parks Superintendent ' s purchased in 1987 . The vehicle has about 97 , 000 miles . on it . The Town should be purchasing vehicles which have higher ground clearance for the staff who have to do inspections for building / zoning / engineering . Motion carried unanimously . Councilman Klein - What will happen to the 1987 Horizon ? Mr . Frost - That vehicle will be sold at the County auction or put out to bid . Agenda Item No , 2 Additional - Zoning Board of Appeals Appointment Motion made by Councilman Klein , seconded by Councilman Niklas appointing David J . Stotz to fill the unexpired term on the Zoning Board of Appeals for a term commencing September 14 , through December 31 , 1998 . Councilman Klein - Two candidates were interviewed , both interviews were very good . The committee felt Mr . Stotz had a more general focus of what has been done in relation to the Comprehensive Plan and zoning uses . Mr . Stotz does also have a background in dispute resolution and mediation which could be useful on the ZBA . Mr . Stotz indicated he would fulfill this term of office . 35 Councilman Niklas rescinded his second of the motion . Councilman Conley seconded the motion . Councilman Conley - The two ZBA members who were at the interviews both felt Mr . Stotz would provide needed experience to the board . Councilwoman Harrison - It is evident Mr . Stotz is familiar with the Comprehensive Plan , but it has not been clear from previous discussions that he is supportive of the Comprehensive Plan . Councilman Conley - Mr . Stotz indicated he was in support of the plan in general , there were a few details he was opposed to . He represented , during the election process , a side of the issue for being elected . Mr . Stotz said he recognized they were on the wrong side of the issue . Councilman Niklas - At the risk of being blunt , Mr . Stotz misrepresented himself . Councilman Klein - The Zoning Board of Appeals is a different aspect than the Planning Board . They have a focus to grant relief under criteria which is much more limited by law . Mr . Stotz was asked specifically if he would fulfill the term and he did plan to do so unless he moved out of the Town . Councilman Conley - Mr . Stotz indicated he had no political aspirations . Motion called . Supervisor Whitcomb , aye ; Councilwoman Valentino , abstain ; Councilman Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried . Agenda Item No . 3 Additional - Conference Attendance , Conservation Board Members : Motion made by Councilwoman Harrison , seconded by Councilman Conley approving the attendance of Janet Hawkes and Candace Cornell at the NYS Conference on the Environment , October 14 - 16 , at an estimated cost of $ 517 . 00 charged to account B8020 . 407 . Carried unanimously . Agenda Item No . 35 - Executive Session : Motion made by Councilman Conley , seconded by Councilman Niklas to move into Executive Session to discuss potential litigation , and personnel . Carried unanimously . The Board moved into Executive Session at 9 : 25 p . m . Motion made by Councilwoman Grigorov , seconded by Councilman Conley to resume regular session . Carried unanimously . The Board resumed regular session at 10 : 35 p . m . 36 As a result of the Executive Session the following resolutions were adopted : Agenda Item 14n . - Motion made by Councilman Niklas , seconded by Councilwoman Grigorov appointing Michelle Townley as part - time Date Entry Clerk for Justice Wallenbeck at a salary of $ 7 . 00 per hour , charged to account A1110 . 100 . Hours worked will average 7 . 5 hours per week not to exceed the 15 hours per ,week allotted to both clerks . Benefits are limited to the part - time status of this position . Further the budget shall be amended to increase A1110 . 100 by $ 1 , 000 ; decrease A1990 . 400 by $ 1 , 000 . Carried unanimously . Agenda Item No . 20 - Motion made by Councilwoman Harrison , seconded by Councilman Niklas authorizing the Town Clerk to advertise for a public hearing to be held October 3 , at 6 : 45 p . m . in order to consider entering into an agreement with the City of Ithaca for Fire Protection Services . Carried unanimously . Motion made by Councilman Niklas , seconded by Councilwoman Harrison authorizing the Town Supervisor to enter into negotiations with the owners of the property located on Seven Mile Drive to discuss a price reduction from what was previously offered in view of the Town Engineer ' s structural report , and to negotiate subdivision compliance . Carried unanimously . Agenda Item No . 36 - Adjournment : Motion made by Councilman Niklas , seconded by Councilman Klein to adjourn as there was no further business to come before the Board . The Supervisor adjourned the meeting at 10 : 37 p . m , espectfully submitted , Joan Lent Noteboom Town Clerk * * Next Regular Meeting - 5 : 30 p . m . , October 3 , 1994 37 1 f a Town Board Meeting 9 / 12 / 94 Agenda Item No . 7 Increased Funding - Youth Services Learning Web " Youth Works " Program Resolution No . 172 WHEREAS , the Joint Youth Commission has studied several programs that meet youth needs , it is recommending the Town of Ithaca support the Learning Web ' s operation of the " Youth Works " Program ; and WHEREAS , this program will provide unpaid apprenticeships , community service projects , stipend apprenticeships , a youth advisory committee and will address many of the unmet youth needs in the Town of Ithaca . The Joint Youth Commission is recommending that the Town of Ithaca provide $ 6 , 732 to support the program ; and WHEREAS , $ 3 , 366 of the $ 6 , 732 will be matched with the same amount of Tompkins County Youth Service Funds and will be reimbursed to the Town of Ithaca , leaving the Town of Ithaca with a net expense of $ 3 , 366 ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize and direct the Town Supervisor to enter into a contract upon terms satisfactory to the Town Supervisor with advice from the Attorney for the Town with The Learning Web to operate the " Youth Works " program as outlined in the program proposal as further refined by the contract terms , at a cost of $ 6 , 732 from the Town of Ithaca ; and be it further RESOLVED , the Joint Youth Commission will make a report to the Town Board about the program in January 1995 , MOVED : Councilwoman Valentino SECONDED : Councilman Niklas DATED : September 12 , 1994 Carried Unanimously Joa Lent Noteboom , Town Clerk a Town Board Meeting 9 / 12 / 94 Agenda Item No , 8 Joint Recreation Partnership Proposal Resolution No . 173 BE IT RESOLVED , the Town Board of the Town of Ithaca hereby approves of the Joint Recreation Partnership Proposal with the understanding that the Town of Ithaca share of the program has yet to be negotiated . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Conley DATED : September 12 , 1994 Q"" ja Joan ent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 10 EcoVillage SLUD # 8 Resolution No . 174 WHEREAS , the Town Board of the Town of Ithaca has considered the proposal to amend the Zoning Ordinance to adopt Special Land Use District # 8 for the proposed EcoVillage ; and WHEREAS , the Town Board agreed there are many other amendments and considerations of the said SLUR # 8 for EcoVillage which still need to be addressed and deliberated ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby authorizes and directs the Town Planning staff , the Town Planning Board , and the Attorney for the Town to review the additional amendments and considerations of the said SLUD # 8 for EcoVillage , and make a recommendation to the Town Board regarding the same ; and be it further RESOLVED , the said recommendation from the Town Planning staff , the Planning Board , and the Attorney for the Town shall be submitted to the Town Board for review as soon as reasonably practicable ; and be it further RESOLVED , the Town Clerk is hereby authorized and directed to submit a certified copy of the portions of the Town Board meeting minutes dealing with this issue to the Town Planning Staff , the Planning Board , and the Attorney for the Town upon completion of the said minutes ; and be it further MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : September 12 , 1994 Q', j"+ T'4-- 3�� Joan Lent Noteboom�, Town Clerk I Town Board Meeting 9 / 12 / 94 Agenda Item No , 12 SEQR - Local Law No , 6 / 1994 Resolution No . 175 WHEREAS , this action is the consideration of Local Law No . 6 / 1994 a , " LOCAL LAW AMENDING LOCAL LAW NO . 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE DISCLOSED ON DISCLOSURE STATEMENTS " ; and WHEREAS , this is an Unlisted Action for which the Town of Ithaca Town Board has been legislatively determined to act as Lead Agency in environmental review ; and WHEREAS , at a Public Hearing held on September 12 , 1994 , the Town Board reviewed and accepted the Short Environmental Assessment Forms Part I and Part II prepared by the Town Clerk ; and WHEREAS , the Town Clerk has recommended a Negative Determination of Environmental Significance for the proposed action ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed Local Law No . 6 / 1994 a , " LOCAL LAW AMENDING LOCAL LAW NO , 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE DISCLOSED ON DISCLOSURE STATEMENTS " , and therefore an Environmental Impact Statement will not be required . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino DATED : September 12 , 1994 Carried Unanimously Lk Joan Lent Noteboom , Town Clerk I j Town Board Meeting 9 / 12 / 94 Agenda Item No . 13 Enactment - Local Law No . 6 / 1994 Resolution No . 176 WHEREAS , the properly advertised Public Hearing has been held to consider Local Law No . 6 / 1994 a , " A LOCAL LAW AMENDING LOCAL LAW NO . 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE DISCLOSED ON DISCLOSURE STATEMENTS " ; and WHEREAS , the Town Board of the Town of Ithaca does hereby approve the amendments to the ethics rules as proposed in the said Local Law ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby enact Local Law No . 6 / 1994 , " A LOCAL LAW AMENDING LOCAL LAW NO , 4 OF THE YEAR 1992 REGARDING ETHICS RULES TO CLARIFY ORGANIZATIONS TO BE DISCLOSED ON DISCLOSURE STATEMENTS " , and be it further RESOLVED , the Town Clerk is hereby authorized and directed to file said local law as prescribed by law . This law shall take effect within ten days of its enactment or upon its filing with the Office of the Secretary of State , whichever is later . MOVED : Councilman Niklas ROLL CALL VOTE Supervisor Whitcomb Aye SECONDED : Councilwoman Harrison Councilwoman Valentino Aye Councilman Niklas Aye DATED : September 12 , 1994 Councilman Klein Aye Councilwoman Grigorov Aye Councilwoman Harrison Aye Councilman Conley Aye Carried Unanimously oan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 14 Consent Agenda Items , A- M , O Resolution No . 177 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and / or adopts the Consent Agenda Items resolutions , with the exception of ( 14n ) , as presented to the Town Board on September 12 , 1994 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 C )� L:k ntl"' - Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 14a ( 1 ) Town Board Minutes - July 26 , 1994 Resolution No . 177a ( 1 ) WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the special meeting held July 26 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed said minutes as written ; now therefore be it RESOLVED , that the Town Board does hereby approves and adopts the said minutes as the official minutes of the Town Board for the special meeting held July 26 , 1994 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 G" ja Joan Lent Noteboom , Town Clerk r i Town Board Meeting 9 / 12 / 94 Agenda Item No . 14a ( 2 ) Town Board Minutes - August 8 , 1994 Resolution No . 177a ( 2 ) WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held August 8 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed said minutes as written ; now therefore be it RESOLVED , that the Town Board does hereby approves and adopts the said minutes as the official minutes of the Town Board for the regular meeting held August 8 , 1994 , MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Joan Lent Noteboom , Town Clerk r Town Board Meeting 9 / 12 / 94 Agenda Item No . 14b Town of Ithaca Warrants Resolution No . 177b WHEREAS , the warrant with the following numbered listing of vouchers has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . General Townwide Vouchers : No . 406 $ 17 , 811 . 55 No . 408 - 408 23 , 031 . 60 No . 409 , 410 Void 15 . 00 No . 411 - 467 78 , 910 . 04 General Part Town Vouchers : No . 220 11 , 612 . 82 No . 221 11663 . 52 No . 222 - 223 15 , 402 . 17 No . 225 - 246 10 , 220 . 55 Highway Fund Vouchers : No . 240 10 , 296 . 77 No . 246 - 276 68 , 507 . 15 No . 241 11663 . 52 No , 242 - 243 15 , 611 . 19 Water District Vouchers : No . 195 - 206 10 , 104 . 93 No . 187 934 . 84 No , 188 711 . 06 No . 189 - 193 36 , 665 . 51 Sewer District Vouchers : No . 204 - 211 27 , 639 . 01 No . 181 41 , 194 . 23 No , 182 630 . 84 No , 183 - 186 45 , 747 . 99 Lighting District Vouchers : No . 22 - 24 11153 . 33 Capital Projects Vouchers : No . 22 11240 . 00 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 � Q""" Ja q=',% Joan Lent Noteboom , Town Clerk i i i Town Board Meeting 9 / 12 / 94 Agenda Item No . 14c Bolton Point Warrants Resolution No . 177c WHEREAS , the warrant with the following number listing of vouchers for Bolton Point has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . Operating Fund Vouchers : No . 543 - 614 $ 119 , 247 . 45 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 QCLW4j L�k ntACtW%� Joa Lent Noteboom , Town Clerk Town Board Meeting 9 /-12 / 94 Agenda Item No . 14d Financial Report - August 1994 Resolution No . 177d WHEREAS , the Assistant Budget Officer has presented the Financial Report of the Town of Ithaca for the month ending August 31 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has discussed and reviewed the said report ; now therefore be it RESOLVED , the Town Board does hereby adopt the said report as the official Financial Report for the month indicated . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 L.+, n"t ' - Joan Lent Noteboom , Town Clerk i Town Board Meeting 09 / 12 / 94 Agenda Item No . 14e ( 1 ) Budget Amendment - South Hill Trail Resolution No . 177e ( 1 ) WHEREAS , some unbudgeted expenses occurred during the completion of South Hill Trail ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize a budget amendment to increase account B7140 . 104 by $ 2 , 869 . 38 and increase account B7140 . 404 $ 5 , 130 . 62 and decrease B1990 . 400 Contingency by $ 8 , 000 . 00 to cover these costs ; and be it further RESOLVED , that the aforesaid budget amendment conclude the expenses for the completion of South Hill Trail . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 � Q" ja �fix Joan ent Noteboom , Town Clerk Town Board Meeting 09 / 12 / 94 Agenda Item No , 14e ( 2 ) Budget Amendment - Highway Resolution No . 177e ( 2 ) WHEREAS , the severe snow storms at the beginning of the year used a larger amount of the highway budget than expected ; and WHEREAS , more funds will be needed for the upcoming winter ; now therefore be it RESOLVED , that the Town Board of the Town does hereby authorize and approve a highway budget amendment to increase DB 5142 . 100 by $ 5 , 269 . 00 and increase DB5142 . 102 by $ 6 , 731000 , increase DB5142 . 452 by $ 9 , 000 . 00 and increase DB599 appropriated fund balance by $ 21 , 000 . 00 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 � Q" L 7 Inx-L , - Joan Jnt Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 14f Records Management Disposition Listing Resolution No . 177f WHEREAS , the Town of Ithaca has completed the inventory phase of the Records Management Program as outlined by the State Archives and Records Administration ( SARA ) ; and WHEREAS , the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the Records Retention and Disposition Schedule MU- 1 ; and WHEREAS , the Supervisor , and Department Heads shall review and approve disposition of said records before disposition ; now therefore be it RESOLVED , the Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA . 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MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 C)", Joan ent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 14h NYS Association of Town Superintendents of Highways 65th Annual Conference Resolution No . 177h WHEREAS , the New York State Association of Town Superintendents of Highways , Inc . ' s annual meeting is being held on September 27 through September 30 , 1994 ; and WHEREAS , Highway Superintendent , Fred Noteboom wishes to attend the said conference ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Fred Noteboom at the said conference ; and be it further RESOLVED , the cost of attending the said conference shall not exceed $ 500 . 00 and shall be expended from account A5010 . 400 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Joan L nt Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 14i APPROVAL FOR TOWN STAFF AND BOARD MEMBERS TO ATTEND NEW YORK PLANNING FEDERATION ANNUAL INSTITUTE Resolution No . 177i WHEREAS , there are many new developments impacting the planning field regarding land use , zoning and other regulatory I ssues ; and WHEREAS , the New York Planning Federation ( NYPF ) is holding its Annual Institute from October 23rd through October 26 , 1994 , at the Nevele in Ellenville , New York , which provides programs and workshops on a number of current planning and zoning topics and basic training for planning and zoning board members ; and WHEREAS , it will be beneficial to the Town to send several of its staff and members of the Planning Board to this program ; and WHEREAS , the current Planning Department and Zoning Department budgets include sufficient funds for this purpose ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Jonathan Kanter , Town Planner , and Eva Hoffman and Gregory Bell , members of the Town Planning Board , at the NYPF Annual Institute from October 23rd through October 26th , 1994 , at a cost estimated at $ 1 , 400 . 00 , which includes registration , accommodations , meals , gratuities and mileage reimbursement , charged to Account B8020 . 403 ; and be it further RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Andrew Frost , Building Inspector / Zoning Officer , at the above - referenced NYPF Annual Institute , at a cost estimated at $ 450 . 00 , charged to Account B8010 . 403 ; and be it further RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of John C . Barney at the above - referenced NYPF Annual Institute , representing the Town of Ithaca as Attorney for the Town , expenses , registration , accommodations , meals , travel , and other , to be borne by Attorney Barney . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : SeptembL er 12 , 1994 Carried Unanimously Joa Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 143 NYS Magistrates Annual Meeting & Conference Resolution No , 177j WHEREAS , the New York State Magistrates Annual Meeting and Conference is being held on October 16 , 17 , 18 , and 19 , 1994 in Rochester , New York ; and WHEREAS , Town Justice Merton Wallenbeck and Court Clerk Luri Wallenbeck wish to attend the said conference ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Merton Wallenbeck and Luri Wallenbeck at said Magistrates Conference ; and be it further RESOLVED , the cost of attending the said conference shall not exceed $ 500 . 00 and shall be expended from account A1110 . 404 . MOVED : Councilman Niklas SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Carried Unanimously n C"� , i, Jo n Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 14k APPROVAL FOR TOWN STAFF TO ATTEND AMERICAN PLANNING ASSOCIATION UPSTATE NEW YORK CHAPTER CONFERENCE Resolution No . 177k WHEREAS , attendance at professional planning conferences can enhance professional development ; and WHEREAS , the American Planning Association ( APA ) Upstate New York Chapter is holding its Annual Conference on September 22nd and 23rd , 1994 , in Rochester , New York ; and WHEREAS , it will be beneficial to the Town to send one of its planning staff to this program ; and WHEREAS , George Frantz , Assistant Town Planner , is Moderator of a panel discussion on " Indian Nations and Planning in New York " at the Conference ; and WHEREAS , the current Planning Department budget includes sufficient funds for this purpose ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of George Frantz , Assistant Town Planner at the APA Upstate New York Chapter Conference on September 22nd and 23rd , 1994 , at a cost estimated at $ 255 . 00 , which includes registration ( for one day ) , one night ' s accommodations , all meals ( included in registration fee ) , and mileage reimbursement , charged to Account B8020 . 403 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 � Q,, Joa Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 141 Appointment of Planner II Resolution No . 1771 WHEREAS , the Selection Committee interviewed five candidates for the position of Planner II ; and WHEREAS , the committee feels JoAnn Cornish - Epps possesses the necessary qualifications and experience to successfully perform the duties of this position ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby appoint JoAnn Cornish - Epps , Planner II , at an annual salary of $ 23 , 500 charged to account B8020 . 100 . A six -month probationary period applies , after which a performance and salary review will be performed . Full benefits apply . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 14m Approval of Salary Increase For Richard Tenkate , Highway Laborer Resolution No . 177m WHEREAS , the Personnel Committee reviewed the Highway / Parks Superintendent ' s request to increase the salary of Richard Tenkate , Highway Labor ; and WHEREAS , the committee considered the fact that Mr . Tenkate was appointed to his position on July 6 , 1993 , and received his Commercial Drivers ' License ( CDL ) on March 7 , 1994 which greatly increased his value to the department and recommends this change ; and WHEREAS , the Highway / Parks Superintendent feels Mr . Tenkate ' s overall work performance has been excellent ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve increasing the salary of Richard Tenkate from $ 6 . 50 to $ 7 . 28 per hour , retroactive to March 7 , 1994 . r MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Q,, J."+e r,-�r fir, Joan ent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 140 Re - Hire of Archeological Researcher Resolution No . 1770 WHEREAS , the Planning Department is in need of the archeological services performed by Katherine Quinn for further study of the Inlet Valley Archaeological Survey Project ; and WHEREAS , Ms . Quinn is available for continued temporary employment and has expressed an interest in working for the Town through 1994 ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the re - hire of Kathleen Quinn as a temporary part - time employee at a rate of $ 10 . 00 per hour not to exceed $ 500 . 00 , charged to account B8020 . 110 . Benefits are limited to the temporary part - time status of this position . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 CL"') Lk Joan lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 14n Appointment of Justice Data Entry Clerk Resolution No . 178 WHEREAS , there is a vacancy in the part - time Justice Data Entry Clerk position ; and WHEREAS , Justice Wallenbeck feels Michelle Townley possesses the necessary skills to successfully perform the duties of this position and has therefore requested she be appointed ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the appointment of Michelle Townley as part - time Data Entry Clerk for Justice Wallenbeck at a salary of $ 7 . 00 per hour , charged to account A1110 . 100 . Hours worked will average 7 . 5 hours per week but not to exceed the 15 hours per week allotted to both clerks . Benefits are limited to the part - time status of this position ; and be it further RESOLVED , that the budget be amended as follows : increase A1110 . 100 by $ 1 , 000 ; decrease A1990 . 400 by $ 1 , 000 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Q""' Lt7 rtL12 % Joan ent Noteboom , Town Clerk i Town Board Meeting 9 / 12 / 94 Agenda Item No , 16 Public Interest Order - Water System Benefitted Area , 1994 Coddington Road Resolution No . 179 At a regular meeting of the Town Board of the Town of Ithaca , Tompkins County , held at the Town Hall , 126 East Seneca Street , in the City of Ithaca , New York , on the 12th day of September , 1994 , at 5 : 30 o ' clock p . m . prevailing time . PRESENT : John Whitcomb , Supervisor Catherine Valentino , Councilperson David L . Klein , Councilperson Karl J . Niklas , Councilperson Edward Conley , Councilperson Carolyn J . Grigorov , Councilperson Ellen Z . Harrison , Councilperson ABSENT : None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In the Matter of the Proposed Water Improvement in the Town of Ithaca , PUBLIC INTEREST Tompkins County , New York , pursuant to Article 12 - C of ORDER the Town Law to be known as the Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 - C of the Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1994 , and hereinafter also referred to as " improvement " , to provide such water improvement including extensions , to the present Town water improvement , such water system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker , P . E . , the Town Engineer , a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and 7 a WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Water System Improvement - 1994 - Coddington Road shall be known as the Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Water System Improvement - 1994 - Coddington Road consists of the water improvements set forth below , and in the areas of the Town as set forth below , and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : Construction and installation of new 8 " water main extensions on Coddington Road , the water main itself to be installed on the northeast side of Coddington Road running from the present terminus of the water line on Coddington Road to the Coddington Road Community Center ; and WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 123 , 750 . 00 ; and WHEREAS , the proposed method of financing said improvement to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road derived from revenues assessed against the properties which are deemed benefitted by said improvement ; and WHEREAS , said maximum estimated cost is not greater than 1 / 10th of 1 % of the full valuation of taxable real property in the area of the Town of Ithaca outside of any villages ; and WHEREAS , it is proposed that the cost of the aforesaid improvement shall be borne by the real property in said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road by assessing , levying upon and collecting from the several lots and parcels of land within said Benefitted Area , outside of any village , which the Town Board shall determine and specify to be especially benefitted by the improvement , an amount sufficient to pay the costs of such improvement in the year in which constructed ; and WHEREAS , the aforesaid improvement has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca , the implementation of which as proposed , the Town Board has determined will not result in any significant environmental effects ; and WHEREAS , the Town Board of the Town of Ithaca duly adopted an order on July 26 , 1994 calling a public hearing upon said plan , report and map including an estimate of cost and the question of providing water improvements to be known as the Town of Ithaca Water Improvement - 1994 - Coddington Road , such public hearing to be held on the 8th day of August , 1994 , at 7 : 00 o ' clock p . m . , Prevailing Time , at the Town Hall , 126 East Seneca Street , in the City of Ithaca , New York , at which time and place all persons interested in the subject thereof could be heard concerning the same ; and WHEREAS , notice of said public hearing was duly posted and published as required by law ; and WHEREAS , said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same ; and WHEREAS , it is now desired to authorize the improvement to be known as the Town of Ithaca Water Improvement - 1994 - Coddington Road ; NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . It is hereby determined that it is in the public interest to establish said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road and to make the water improvement hereinafter described and such water improvement is hereby authorized . The proposed area hereby determined to be benefitted by said Town of Ithaca Water Improvement - 1994 Coddington Road is all of the Town of Ithaca outside of the Village of Cayuga Heights . Section 2 . The proposed improvement shall consist of construction and installation of a new 8 " water main to provide water service for properties along Coddington Road running from the present terminus of the water line on Coddington Road to the Coddington Road Community Center , together with related facilities at an initially determined maximum estimated cost to said benefitted area of $ 123 , 750 . 00 . The method of financing of said cost shall be by assessments in the year of construction levied upon and collected from the several lots andeparcels of land deemed benefitted from said improvement and located in said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road , so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same . 43 i Section 3 . It is hereby determined that the estimated expense of the aforesaid improvement does not exceed 1 / 10th of 10 of the full valuation of the taxable real property in the area of said Town outside of Villages and , therefore , in accordance with the provisions of subdivision 13 of Section 209 - q of the Town Law , the permission of the State Comptroller is not required for such improvement . Section 4 . Pursuant to subdivision 6 ( d ) of Section 209 - q of the Town Law , the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded within 10 days of the date of adoption in the Office of the Clerk of the County of Tompkins , which when so recorded , shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid improvement . Section 5 . It is hereby further determined that all of the cost of the aforesaid improvement shall be borne wholly by property within the Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road , being the entire area of the Town outside of the Village of Cayuga Heights . Section 61 This order is adopted subject to permissive referendum . The question of adoption of the foregoing resolution was , upon motion made by Councilperson Niklas , and seconded by Councilperson Valentino , duly put to a vote on a roll call , which resulted as follows : Supervisor Whitcomb Voting Ave Councilperson Valentino Voting Ave Councilperson Klein Voting Ave Councilperson Niklas Voting Ave Councilperson Conley Voting Ave Councilperson Grigorov Voting Ave Councilperson Harrison Voting Nay The resolution was thereupon declared duly adopted . 44 i The undersigned , Town Clerk of the Town of Ithaca , does hereby certify that the foregoing is a true and correct copy of a public interest order duly adopted by the Town Board of the Town of Ithaca on September 12 , 19940 Joan Noteboom , Town Clerk 45 Town Board Meeting 9 / 12 / 94 Agenda Item No . 17 & 19 Approval of Contract Specifications Authorization to Advertise for Bids Troy Road Water Extension Coddington Road Water Extension - Alternate Resolution No . 180 WHEREAS , the Town Board of the Town of Ithaca , on July 26 , 1994 , by Public Interest Order , authorized the Town of Ithaca Water Improvement , 1994 - Troy Road , for the construction and installation of a new 8 " water main to provide water service for a portion of the properties on Troy Road as described in Section 2 of the Public Interest Order ; and WHEREAS , the Town Board of the � Town of Ithaca , on September 12 , 1994 , by Public Interest Order , authorized the Town of Ithaca Water Improvement , 1994 - Coddington Road , for the construction and installation of a new 8 " water main to provide water service for a portion of the properties on Coddington Road as described in Section 2 of the Public Interest Order ; and WHEREAS , the Town Engineer has prepared plans and specifications for the construction of the Troy Road Water Extension with the plans and specifications of the Coddington Road Water Extension as an alternate to the said plans and specifications ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves the plans and specifications for the construction of the Town of Ithaca Water Improvement , 1994 - Troy Road , with the plans and specifications for the construction of the Town of Ithaca Water Improvement , 1994 - Coddington Road as an alternate and hereby authorizes the Town Clerk to advertise for bids for the construction of the Troy Road Water Extension and the Coddington Road Water Extension , MOVED : Councilman Niklas SECONDED : Councilman Conley Carried Unanimously DATED : September 12 , 1994 QM22= ij� Join Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 18 Approval of Contract Specifications Authorization to Advertise for Bids Westhaven Road Sewer Extension Resolution No . 181 WHEREAS , the Town Board of the Town of Ithaca , on July 11 , 1994 , by Public Interest Order authorized the Town of Ithaca Sewer Improvement - 1994 , for the construction and installation of a new 8 " sewer main to provide sewer service for a portion of the properties on Westhaven Road and Mecklinburg Road as described in Section 2 of the Public Interest Order ; and WHEREAS , the Town Engineer has prepared plans and specifications for the construction of the sewer improvement ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves the plans and specifications for the construction of the Town of Ithaca Sewer Improvement - 1994 , and authorizes the Town Clerk to advertise for bids for the construction of the Westhaven Road Sanitary Sewer Extension , MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Conley DATED : September 12 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 20 Public Hearing Date - Fire Contract Resolution No . 182 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing . to be held at the next regular meeting of the Town Board on October 3 , 1994 at 6 : 45 p . m . in order that the Town Board may consider entering into an agreement with the City of Ithaca for Fire Protection Services - Fire Contract . MOVED : Councilwoman Harrison Carried Unanimously SECONDED : Councilman Niklas DATED : September 12 , 1994 Q�" 1-" nZ - ,, Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 22 Public Hearing Date - 1995 Sewer Rate Schedules Resolution No . 183 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the next regular meeting of the Town Board on October 3 , 1994 , at 7 : 30 p . m . to consider a , " LOCAL LAW AMENDING LOCAL LAW NO . 6 / 1986 TO INCREASE SEWER RENTS IN THE TOWN OF ITHACA SEWER IMPROVEMENT AREA EFFECTIVE JANUARY 1 , 199511 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 24 Public Hearing Date - 1995 Water Rate Schedules Resolution No . 184 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the next regular meeting of the Town Board on October 3 , 1994 , at 8 : 00 p . m . in order to consider a , " LOCAL LAW TO AMEND LOCAL LAW # 21 1976 , BY ADOPTING A NEW WATER RATE SCHEDULE EFFECTIVE JANUARY 1 , 1995 FOR WATER RATES , CHARGES , AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN THE TOWN OF ITHACA " . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 25 Public Hearing Date - Cornell University GEIS , SLUD Resolution No . 185 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to held at the regular meeting of the Town Board on Thursday , November 10 , 1994 at 8 : 00 p . m . to consider the Cornell University GEIS , Special Land Use District ( SLUD ) . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Q, 13� /Yz't& %� Jod Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 26 Compliance Americans With Disabilities Act Resolution No . 186 BE IT RESOLVED , the Town Engineer and the Building Inspector / Zoning Officer are hereby authorized to solicit cost estimates and proposals , and / or bids if required , for the construction and materials necessary for the Town Hall to be in compliance with the Americans With Disabilities Act , MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : September 12 , 1994 Q"' L7 nv",� Joan Lent Noteboom , Town Clerk 46 Town Board Meeting 09 / 12 / 94 Agenda Item No . 27 Amendment Resolution # 22 - Town Hall Feasibility Study Resolution No . 187 WHEREAS , resolution # 22 of 01 / 13 / 94 authorizes the expenditure of funds not to exceed $ 6 , 000 . 00 to investigate and pursue the acquisition or construction of a Town Hall ; and WHEREAS , upon investigation it was learned that it is not possible to perform these tasks for that amount of money , now therefore be it RESOLVED that the Town Board of the Town of Ithaca hereby authorize and approve the expenditure of an additional $ 5 , 800 . 00 for a project total of $ 11 , 800 . 00 to investigate and pursue the acquisition and construction of a Town Hall , and be it further RESOLVED that the Town Board of the Town of Ithaca hereby authorize and approve a budget amendment to increase A1620 . 412 Buildings and Grounds Maintenance and decrease A1990 . 400 Contingency by $ 5 , 800 . 00 . to cover the additional cost . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : September 12 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 28 Recommendation of Appointment Board of Fire Commissioners Resolution No . 188 WHEREAS , Stuart Grinnell ' s term of office as the Town of Ithaca representative on the Board of Fire Commissioners expired on June 30 , 1994 ; and WHEREAS , the City of Ithaca has asked the Ithaca Town Board to recommend an individual to fill the vacancy created by the said expired term ; and WHEREAS , Robert S . Romanowski , 160 Bundy Road has expressed an interest in serving in this capacity ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby recommend to the City of Ithaca the appointment of Robert S . Romanowski as the Town of Ithaca representative on the Board of Fire Commissioners for a term of office effective immediately through December 31 , 1995 . MOVED : Councilwoman Harrison Carried Unanimously SECONDED : Councilman Niklas DATED : September 12 , 1994 Q.=2 L oan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 29 1995 SPCA Contract Resolution No . 189 WHEREAS , the dog control agreement with the Tompkins County Society for the Prevention of Cruelty to Animals ( SPCA ) , a not - for - profit corporation having its place of business at 1640 Hanshaw Road in the Town of Dryden and the Town of Ithaca expires on December 31 , 1994 ; and WHEREAS , the Town Board of the Town of Ithaca wishes to continue said dog control agreement with the Tompkins County SPCA ; and WHEREAS , the proposed agreement has been reviewed by the Town Board and the Attorney for the Town and shows a payment amount from the Town of Ithaca to the SPCA for 1995 of $ 16 , 418 , an increase of only 3 % from the 1995 agreement , ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby approves and accepts the conditions of the said agreement with the Tompkins County SPCA ; and be it further RESOLVED , the Town Supervisor is hereby authorized and directed to execute the said agreement with the Tompkins County SPCA , MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Grigorov DATED : September 12 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 30 Approval of 1995 Salary Ranges Resolution No . 190 WHEREAS , the Personnel Committee has reviewed and evaluated the attached schedule of Salary Ranges for . 1995 ; and WHEREAS , the Personnel Committee recommends approval of the schedule as presented to the Town Board for consideration ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attached schedule of Salary Ranges for 1995 . MOVED : Councilwoman Valentino Carried Unanimously SECONDED : Councilwoman Harrison DATED : September 12 , 1994 (), %tj. " Joaa Lent Noteboom , Town Clerk I it TOWN OF ITHACA SALARY RANGES - 1995 PC � TION TITLE PROPOSED FOR DEPARTMENT HEADS 1995 TOWN ENGINEER 45 , 000 - 60 , 000 TOWN PLANNER 35 , 000 - 55 , 000 TOWN CLERK / RECEIVER OF TAXES 28 , 000 - 45 , 000 HIGHWAY SUPERINTENDENT . 28 , 000 - 45 , 000 ZONING OFFICER / BUILDING INSPECTOR 28 , 000 - 45 , 000 ASSISTANT BUDGET OFFICER 28 , 000 - 45 , 000 PERSONNEL MANAGER 28 , 000 - 45 , 000 PROFESSIONAL & ADMINISTRATIVE ASSISTANT TOWN ENGINEER 24 , 000 - 37 , 000 ASSISTANT TOWN PLANNER 24 , 000 - 37 , 000 PP ' * S & OPEN SPACE MANAGER 24 , 000 - 37 , 000 ADMINISTRATIVE SECRETARY 23 , 000 - 30 , 000 DEPUTY, TOWN CLERK / REC OF TAXES 20 , 000 - 30 , 000 TECHNICAL STAFF PLANNER II 22 , 000 - 30 , 000 ASSISTANT TO THE ENGINEER 20 , 000 - 30 , 000 ASSISTANT ZONING OFFICER / 20 , 000 - 30 , 000 BUILDING INSPECTOR HIGHWAY MECHANIC HOURLY 9 . 00 - 13 . 50 ANNUAL 18 , 792 - 28 , 188 ENGINEERING TECHNICIAN 18 , 000 - 26 , 000 PLANNER I 18 , 000 - 26 , 000 SENIOR ACCT CLK / TYPIST HOURLY 9 . 00 - 13 . 50 ANNUAL 17 , 618 - 26 , 426 TOWN OF ITHACA SALARY RANGES - 1995 PO ' TION TITLE PROPOSED FOR 1995 CLERICAL STAFF DEPARTMENT SECRETARY HOURLY 8 . 00 / HR - 12 . 00 / HR ANNUAL 15 , 600 - 23 , 400 ACCOUNT CLERK / TYPIST HOURLY 7 . 00 / HR - 10 . 00 / HR ANNUAL 13 , 650 - 19 , 500 SECRETARY HOURLY 7 . 00 / HR - 10 . 00 / HR ANNUAL 13 , 650 - 19 , 500 DEPUTY TOWN CLERK HOURLY 7 . 00 / HR - 10 . 00 / HR ANNUAL 13 , 650 - 19 , 500 OPERATORS AND LABORERS HIGHWAY FORMAN HOURLY 10 . 00 - 15 . 00 ANNUAL 20 , 800 - 31 , 200 PARKS & OPEN SPACE FORMAN HOURLY 9 . 00 - 13 . 50 ANNUAL 18 , 792 - 28 , 188 MOTOR EQUIPMENT OPERATORS HOURLY 9 . 00 - 12 . 60 ANNUAL 18 , 792 - 26 , 309 PARKS & OPEN SPACE ASSTS . HOURLY 7 . 00 - 11 . 00 ANNUAL 14 , 616 - 22 , 968 HIGHWAY LABORERS HOURLY 7 . 00 - 11 . 00 ANNUAL 14 , 616 - 22 , 968 TOWN CUSTODIAN HOURLY 5 . 50 - 7 . 50 ANNUAL 10 , 725 - 14625 . Town Board Meeting 9 / 12 / 94 Agenda Item No , 33 Amendment Access Easement Lot # 8 , Chase Farm Subdivision Resolution No . 191 WHEREAS , the Town of Ithaca currently owns rights to a 60 ' wide easement through Lot # 8 of the Chase Farm Subdivision , the purpose of which is to provide emergency access to Chase Lane ; and WHEREAS , the easement to the Town of Ithaca narrows to a width of 20 ' east to the south of Lot # 8 ; and WHEREAS , the topography would allow construction of a 10 ' wide access way requiring only 20 ' for a sufficient easement width ; and WHEREAS , the owner of Lot # 8 has requested that the easement be removed or reduced to allow the sale of the property ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby approves the reduction of the easement as shown on the map provided from a 60 ' width on King Road East down to a 20 ' width running from the northeast corner of Lot # 8 in the Chase Farm Subdivision ; and be it further RESOLVED , that the Town Supervisor is authorized to receive a quit claim deed or other instrument in a form satisfactory to the Supervisor , Town Engineer , and Attorney for the Town evidencing the Town ' s relinquishment of such portion of the easement . MOVED : Councilman Niklas SECONDED : Councilman Klein Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried . DATED : September 12 , 1994 Q, 1,+ WAL, Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No . 34 Chase Pond Subdivision - Acceptance of Improvements Resolution No . 192 WHEREAS , improvements for the Chase Pond / Saunders Road Subdivision are substantially complete ; now therefore be it RESOLVED , that the road and other improvements for the Chase Pond / Saunders Road Subdivision is hereby accepted by the Town Board of the Town of Ithaca contingent upon the final approval of the improvements and supporting documentation by the Town Highway Superintendent , the Town Engineer , and the Attorney for the Town ; and be it further RESOLVED , no more than one ( 1 ) building permit shall be issued on Saunders Road , and no more than one ( 1 ) building permit on the Hospicare parcel until title of Saunders Road is transferred to the Town of Ithaca ; and be it further RESOLVED , no Certificates of Occupancy shall be issued until the title for the improvements has been transferred to the Town of Ithaca . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Conley DATED : September 12 , 1994 Q., L'+ V-tL%N� Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Agenda Item No , 35 EXECUTIVE SESSION Acquisition of Land Resolution No . 193 BE IT RESOLVED , the Town Board of the Town of Ithaca hereby authorizes the Town Supervisor to enter into negotiations with the owners of the property located on Seven Mile Drive to discuss a price reduction from what was previously offered in view of the Town Engineer ' s structural report , and to negotiate subdivision compliance . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Harrison DATED : September 12 , 1994 0, L &jtt, Joan Lent Noteboom , Town Clerk I Town Board Meeting 09 / 12 / 94 Additional Agenda Item No . 1 Budget Amendment - Zoning Vehicle Resolution No . 194 WHEREAS , the Zoning Department vehicle has had many costly repairs and is in need of being replaced ; and WHEREAS , there are just a few 1994 vehicles available under state contract and the new contract will be considerably more expensive ; and WHEREAS , at the present time there is a sufficient amount available in the 1994 budget to purchase such a vehicle ; now therefore be it ; RESOLVED that the Town Board of the Town of Ithaca hereby authorize and approve the , replacement of the 1987 Plymouth Horizon with a 1994 Jeep Cherokee at a state contract price of $ 15 , 493 . 00 , and be it further RESOLVED that the Town Board of the Town of Ithaca hereby authorize and approve a budget amendment to increase B8010 . 200 and decrease B1990 . 400 by $ 15 , 493 . 00 to cover the price of the vehicle . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : September 12 , 1994 Q"�� L-k vt&, J an Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Additional Agenda Item No . 2 Zoning Board of Appeals Appointment Resolution No . 195 WHEREAS , the Town Interviewing Committee , as it pertains to the Zoning Board of Appeals has recommended that David J . Stotz , 4 Evergreen Lane be appointed to fill the unexpired term created by the resignation of Robert Hines from the Zoning Board of Appeals ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby appoints David J . Stotz , 4 Evergreen Lane to fill the unexpired term on the Zoning Board of Appeals for a term commencing September 14 , 1994 through December 31 , 1998 . MOVED : Councilman Klein SECONDED : Councilman Conley Supervisor Whitcomb , aye ; Councilwoman Valentino , abstain ; Councilman Niklas , nay ; Councilman Klein , aye ; Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried . DATED : September 12 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 9 / 12 / 94 Additional Agenda Item No . 3 Approval for Conservation Board Members to Attend NYS Conference on the Environment Resolution No . 196 WHEREAS , attendance at conferences on environmental issues has proven to be a valuable educational experience for the Town ' s Conservation Board members ; and WHEREAS , the New York State Association of Environmental Management Councils and New York State Association of Conservation Commissions is holding their Annual Conference on the Environment on October 14 - 16 , 1994 , in Glens Falls , New York ; and WHEREAS , it will be beneficial to the Town of ithaca to send members of its Conservation Board to this conference ; and WHEREAS , the current Conservation Board budget includes sufficient funds for this purpose ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Janet Hawkes and Candace Cornell , members of the Conservation Board , at the New York State Conference on the Environment on October 14 - 16 , 1994 , at a cost estimated at $ 517 . 00 , which includes registration ( $ 50 each ) , lodging ( $ 70 per night each ) , meals ( $ 71 each ) , and mileage reimbursement ( 466 miles @ $ . 29 = $ 135 ) , charged to account B8020 . 407 . MOVED : Councilwoman Harrison SECONDED : Councilman Conley DATED : September 12 , 1994 Carried Unanimously Q, L+ C� Jo n Lent Noteboom , Town Clerk 1 . TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom , being duly sworn , say that I am the Town * Clerk of the Town of Ithaca , Tompkins County , New York % that the following notice has - been duly posted on the • sign . board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) Notice of . Public Hearing - ( See Attached ) Location of sign • board used for posting : Town Clerk ' s Office 126 East Seneca Street Ithaca , NY 14850 Date of Posting : August 25 , ' 1994 Date of -Publication : August 29 , 1994 To Clerk ; Town of Ithaca STATE OF NEW YORK OUNTY OF TOMPKINS ss , OWN OF ITHACA ) Sworn to and subscribed before me this / day of •-eo� �� 19 C N tary Public Co ) +^r.. ' � A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the Town Board of the Town of Ithaca at 126 East Seneca Street , Ithaca, New York, on the 12th day of September, 1994 at 7 : 00 p . m . concerning a proposed local law amending the ethics rules applicable to Town of Ithaca officers and employees as adopted by Local Law No . 4 of the year 1992 to clarify the organizations that must be disclosed on the annual disclosure statement. At such time and place all persons interested in the subject matter thereof will be heard concerning the same . Dated : August 24 , 1994 Joan qt Noteboom , Town Clerk , Town of Ithaca ' "5 i t t , .trY U � � , "' •• .yL , �.4, rf ¢ �bry (,� ' tt "'v'�'F'Trtyl }i 2r � 7 x• tj�irj ��! r�Py r j ��`.�sf C. - ny�13c �lhlr-pdrfK�ro .fj,y Yi <i`atr+ M.3.9 The lthacaNJournal Monda�vMugust 29 {•4,n`°: vg -vt-ttf?'? - eYf` 1"TV—vd+`41+.�i.4'•- ' `.•Fi,`:i silo -=;,�-�:. r NOT1CV OF�PUSIAG xHE`ARING ' j N01 CA: iftM- SNWNARE,B�Y GIVEN ,that a public hearing J a �Ywllljb'evhiId;bef&61thetTown: k ��BoprdF ofrthe�Town}"oft Ithgcq- 4 'atLY?126TEastf�Senec ,,,Street,: R ;x Ithaca xVNew,pYoik;%on `tfe G '12thdayy ,iof, September; v,S!WNAB" proppoolche'ethicMrules T*�plicabie:�to�,�Towri��of �Ithacc"s , officers KSand; e'mployees`a d3 f adopted b iloca t aw No ? athef oe 9a zotfonsf ust t, rIb4idisclosedlon�onnualWdis. ��i� _�closu�re.�atatemenN At,�„suc inme eserd nqt tie'sulblepct�mdtx 'rFthereof will be?heord`con ?` . f� 'cerninggIthe �Cent�Noteboom Town Clerk Town'oE Ittioc`o �t'c'��August�29 •`,1994r � 3�;,��,