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Home My WebLink AboutTB Minutes 1996-09-09 TOWN OF ITHACA REGULAR TOWN BOARD MEETING SEPTEMBER 9 . 1996 6 : 30 P . M . 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 : Catherine Valentino , , Town Supervisor; Carolyn Grigorov, Councilwoman ; David Klein , Councilman ; Ellen Harrison , Councilwoman , Edward Conley, Councilman ; Mary Russell , Councilwoman ; John P . Wolff, Councilman , ALSO PRESENT : Joan Lent Noteboom , Town Clerk/ Director of Administrative Services , John Barney , Attorney for the Town ; Daniel Walker, Director of Engineering ; Fred Noteboom , Highway Superintendent ; Jonathan Kanter , Director of Planning ; Andrew Frost , Director of Building and Zoning . OTHERS : Bob Bland , Cornell University; Lauren Stanforth , Ithaca Journal ; H . Stewart , Cornell University; Gretchen Sachse, DeWitt Historical Society; Mark Macera , Ithacare Center; Susan Shefter, 145 Pine Tree Road ; Bruce Brittian , Forest Home ; Mike Koplinka- Loehr, Crest Lane ; M & P Loucks , 116 Crest Lane ; Jonathan Mawdsley, 603 East Seneca Street ; Steven Gelber, 107 Forest Home Drive ; Ruth Mahr, 103 Judd Falls Road ; Nancy Brcak, 228 Forest Home Drive ; Stan Seltzer, 228 Forest Home Drive ; Will Burbank, 132 Glenside Road ; Catherine Penner, 121 Klein Road ; Ed Cope , EMC Chair, Dooley Keifer, County Board; Charles Brodhead , Ithacare Center; Kathryn Fry, 705 East Buffalo Street , CALL TO ORDER : Supervisor Valentino called the meeting to order at 5 : 33 p . m . , and led the assemblage in the Pledge of Allegiance . AGENDA ITEM NO. 3 - PRESENTATION FROM THE DEWITT HISTORICAL SOCIETY OF TOMPKINS COUNTY. Mike Koplinka-Loehr - The DeWitt Historical Society has a proposal for the Town Board to review, and there is a draft contract of services that was also submitted . Much of what is already in the contract is what the DeWitt Historical Society has been doing . Under Schedule A, the Society provides the historical site and the museum. They have the resources to assist the Town historian in many of these things that are in place . The kinds of things that are provided for the County and the City residents are what we would provide in this contract for the Town residents . It would not be considered an end of year contract because these services are in place . On Page 4 , Schedule. A, 75 % of the on going service is what the Society is providing . The few things that are questionable include the Town Historian assisting in historical events and in the preparation of a historical resource survey. The Society is doing some of these things right now. The Society is presently assisting the Town of Dryden in their historical commemoration . If there Is a specific list associated with this , such as the survey, then it would need to be spelled out more clearly. The Society would need to see if staff time TOWN BOARD MINUTES 2 SEPTEMBER 9, 1996 could be added to accommodate the contract . In discussions with Joan Noteboom (Town Clerk of the Town of Ithaca ) , it was mentioned that this is an approximate three year project . This is very similar to what the Society is already doing for the City and the County . If it becomes specific categories where the Town wants to account for certain things , it would need to be spelled out differently . Supervisor Valentino One of things mentioned in previous discussions was to preserve some of the Town's historical documents . Mr . Koplinka- Loehr - That is correct . The Society is not ready to take the Town's boxes to sort because of the space limitations . The Society and the Town could work out the timing to get it done . That would be an ideal collaboration . The County and the City are pursuing this , so it could be researched together with a grant . There might be a possibility of increasing the rental space where the Society is located now , so the records would be in ready access to the public . The Town could contribute toward that type of contract . The Society would need to see what the common needs with the County are to have historical records preservation in one central location . Councilwoman Ellen Harrison - If the Town enters into this contract for the amount being requested , would the Town be able to turn over some documents? Mr. Koplinka- Loehr. - Boxes could be delivered and stored .in a safe place . . Whether they would be adequately inventoried and available to the public would depend on staff time . The Society is back logged and short staffed presently . Councilwoman Mary Russell - These documents need to be readily available to the public? Joan Noteboom - Correct . Mr. Koplinka- Loehr - The boxes would be stored in a very safe place , but staff is not available for adequate access to the public . There are two proposals that were forwarded to the Town of Ithaca . One was to help pay for what is the educational services , the programming , the reference development, etc. These are already being done , and is being used by Town residents . There would be time to explore the next level for the record storage and historical survey with additional staff time . Councilwoman Harrison - This is very well put together . It gives the Board the information., to support the existing services that we need to talk about in a meeting . The Board should ask questions based on what they have read on the information Mr. Koplinka-Loehr - If a few sentences were taken out of Schedule A, it would be what the Society can deliver . Councilman David Klein - What are the two sentences ? "� " TOWN BOARD MINUTES 3 SEPTEMBER 9, 1996 Mr. Koplinka- Loehr - I am unsure of what , "assist in the preparation of the historic resource survey" , means in terms of staff time , and then "to provide archival storage for documents " . The Society could house the boxes , but we could not do an adequate job of cross reference yet . The Society's level of existing service may have to go down because the Society is loosing some State and Federal grants . Councilwoman Harrison - In the budget that was given to the Town Board , $ 14 , 000 . 00 for I MS is gone for 1997 ? Mr. Koplinka-Loehr - That is correct . This is very dramatic , and it would result in having to reduce the staff. Some people say this could be made up of volunteers , but staff would still need to guide volunteers to do a professional job . The present educator is supported from the State . By spending money out of the deficit things are up in the air . The hope is to continue the level of service the Town residents have . Councilwoman Harrison - Even with the contribution the Society is suggesting the Town make , it would not go up ? Mr. Koplinka- Loehr - That is correct . The Society would need to approach the foundations to talk to the County and the City. Director of Planning Jonathan Kanter - This would be a matter of reviewing the budget to determine how much the Town would need to appropriate . Supervisor Valentino - Does the Town Board know if this would be worth putting time and effort into , exploring a budget number? The Town had a budget item for years for a historian to do some of the things we wanted done , but we have never gotten much done . Councilwoman Harrison - This is an important aspect for the community. Councilwoman Grigorov - Is there some problem with just giving them money? Attomey for the Town John Barney - The Constitution of the State of New York says the Town can not give money to anybody unless it is a contract for services . Mr . Koplinka- Loehr - We have all reviewed the County' s contract and the City' s contract and to determine which type of language is acceptable . If there is an expectation of something new or different , then there would have to be new negotiations . Supervisor Valentino suggested a meeting be held in order to have further discussions before going forward with the contract . TOWN BOARD MINUTES 4 SEPTEMBER 9 , 1996 AGENDA ITEM NO . 4 - CONSIDER ENTERING INTO A CONTRACT WITH THE DEWITT HISTORICAL SOCIETY OF TOMPKINS COUNTY TO PROVIDE SERVICES TO THE TOWN OF ITHACA, A meeting will be set up to discuss this matter further before entering into the contract . AGENDA ITEM NO . 5 - REPRESENTATIVES OF CORNELL UNIVERSITY - PROPOSED INCINERATOR AT NEW YORK STATE COLLEGE OF VETERINARY MEDICINE . Supervisor Valentino - The presentation and discussion tonight is to discuss the merits of the committee and the Town ' s participation for that committee . Bob Bland - Cornell does recognize that there is much apprehension and fear regarding this project , and we recognize the concerns about the project itself, and the process Cornell has been through to get where they are now . Cornell is committed to being open and honest to what is going on with the process and this project . Cornell wants to work with the community . Cornell recognizes the community' s right for input and influence for a project such as this . The project is for a replacement incinerator that has been operating since the 1950' s . It was proposed in the early 1990 ' s . The State University Construction Fund gave a negative declaration of significant environmental impact regarding this project. In 1993 , this meant that there was not an Environmental Impact Statement tha needed to be prepared by the lead agency , which was the State University Construction Fund . At tha time , the State University Construction Fund cooperated and consulted with the other involved agency , the DEC , who needs to issue both a solid waste permit and an air quality permit . There was not much more mentioned since 1993 until this past spring when Ruth Mahr brought the issue to the public's attention . On June 24 , 1996 , Cornell held a meeting on campus to discuss the project . The representatives and consultants from the State University Construction Fund were present . The meeting was Chaired by Dean Franklin Loew and Dr . Larry Thompson , a manager . The meeting lasted four hours with significant concerns expressed . A lot of questions were left unanswered . After the meeting , I was asked to be the Cornell Liaison to the community . Cornell proposed several things , one being to establish a Community Advisory Committee to get the community' s input on this project in a fashion that was organized . It gave all the interested parties an opportunity to get involved in this process . Cornell is trying to get the committee together , and that is why I am presenting this to the Town Board tonight . I have had discussions with Ruth Mahr and other interested parties on this proposal . I have been to the Tompkins County EMC and Town of Ithaca' s Conservation Board with presentations . On August 7 , 1996 , Cornell University suspended the permit process as it was mentioned in the plan on July 30 , 1996 . The plan was published on July 31 , 1996 , to prepare . additional air quality modeling and environmental information . As of right now , the permit process has been suspended indefinitely, and it will not be restored until this committee has been formed and there has been ample opportunity for input into the process . When the DEC redeems the air permits and the solid waste permits are completed and ready for public review , they would have to go through a 30 day public period . That will not happen until further notice . On August 13 , 1996 , Superviso . Valentino sent a letter to President Rawlings at Cornell University . President Rawlings did respon on August 19 , 1996 . 1 have a copy of an invitation to the Town Supervisor for membership into the TOWN BOARD MINUTES 5 SEPTEMBER 9 , 1996 Community Advisory Committee . There are invitations in the mail to the Forest Home Improvement Association , the Tompkins County Board of Representatives , concerned citizens about regulating medical waste , several veterinary associations , and the SPCA. The formation of the CAC is a working progress . There are a number of student groups and environmental activists groups who are also interested . It is not Cornell' s intent to keep them out of the process . Right now it is uncertain about who, when , and how to include them in the process . It has not been a definite invitation list , and if it is not resolved by the first meeting , this might be an agenda topic for the members to review . The intent is for the committee to be Chaired by Harold Craft , Vice President for Facilities and Campus Seances, and Dean Loew of the Veterinary School . President Rawlings has responded to Supervisor Valentino's questions . I would like to encourage any one that was invited to participate . I think it will be meaningful , and I do not think there would be any issues regarding the incinerator that the Committee would be unwilling to discuss . Councilwoman Grigorov - Will there be a long period of studying and questioning before it is actually built? Mr. Bland - Correct. The plan Cornell put out on July 30 , 1996 , preferred to proceed after the permits were issued and after we have provided the additional environmental information . I would consider the plan as being worthy of the discussion of the committee . How Cornell is to proceed and the timing of who does what next . Councilwoman Harrison - The understanding of the timing is to form the committee shortly? Mr . Bland - Yes . Councilwoman Harrison - That committee would presumably be to select consultants to the studies of air qualities ? Mr. Bland - At this point, the committee should start further back and discuss all aspects of the project on how to proceed. We have learned that there has been significant community concern that was not satisfied with Cornell's plan on July 30 , 1996 . The plan itself is worth a discussion . Cornell will not restrict the discussion on how the committee will implement this plan . Councilwoman Harrison - One of the concerns in the July 30 , 1996 meeting was the concept that Cornell is going to build the incinerator of sufficient size and capacity so it could burn regulated medical waste in addition to carcasses . At the same time , the committee will discuss this and have consultants to look at the impacts ? Mr. Bland - Correct . Councilwoman Harrison - There would be skepticism to building something that costs a lot of money. Somebody might say that Cornell built it , but might not use it . Is this being rethought ? TOWN BOARD MINUTES 6 SEPTEMBER 9 , 1996 Mr. Bland - Cornell would like to think it through with the committee . This is why the committee it being formed , to help implement this plan . Councilwoman Russell - The process has not already been stopped even though the permits have been suspended? Mr. Bland - Cornell has suspended the permits . Cornell will not be doing anything until the committee meets and discusses the project . Councilman John Wolff - The role of the committee is much more open than what it was originally proposed in July 30 , 1996 . Cornell will not proceed with any steps toward the construction until after the committee has met? Does this mean there will not be any steps taken until the committee has completed their results? Secondly, the role of the committee in terms of its scope has been expanded . Mr. Bland - I would consider the role much more broadened as it was originally proposed . There are several things Cornell talked about , such as a Regulated Medical Waste Management Minimization Plan. Cornell wants to continue working on the modeling to get the data base in shape . There would be some progress concurrent with a public review process . Councilman Klein - How much of the design is at a stand still? Mr. Bland - The design is substantially done , and has been done for quite a while . Cornell has be preparing permit applications that are based on those designs . Councilman Klein - Is it a foreseen conclusion that this will be constructed , or is the issue strictly the burning of the plastics and the medical waste in addition to the carcasses? Mr. Bland - The understanding is that Cornell would like to discuss all the aspects of the project with the committee so it would not be limited. Once everyone gets together with the committee and other Boards , things would be worked out more smoothly . Councilwoman Russell - Why does Cornell not want to go forward with the SEQR review to get the framework of work? Mr. Bland - That is part of the project that is in process . Cornell is willing to talk about all aspects of the project and the process at the committee meeting . The SEQR is an important part of the process Cornell has been through . The co- chairs are willing to talk about this . Councilman Wolff - When you refer to " all aspects of the project , " how broadly are you speaking? Others may have different interpretations of this . Could the committee be convened to help Come examine their waste streams to come up with alternatives to incineration? Could this proposal h stopped in favor of some form of alternatives , as long as it meets Cornell's needs in regards to was disposal ? Is this on the table ? TOWN BOARD MINUTES 7 SEPTEMBER 9, 1996 Mr. Bland - Yes. That follows all aspects of the project that Cornell is willing to discuss and work with the community on . Councilman Wolff - Then it is on the table , incineration is not a foregone conclusion? Mr. Bland - No , it is not a foregone conclusion . Cornell places a lot of importance on this committee for discussion . Councilman Wolff - This is a major change in Cornell' s position? Mr . Bland - Cornell does not want to be inflexible about this project , and would be listening to the community. I was not persuasive in promoting the July 30 , 1996 proposal . Councilman Wolff - What steps are being made for this process to happen? Mr. Bland - Dean Loew and Harold Craft asked Supervisor Valentino to appoint a representative of the Town of Ithaca Town Board to enter into the committee and to begin discussions as a committee member. Councilwoman Grigorov - When would the committee start meeting? Mr. Bland - It should proceed as soon as possible . The Town should respond in writing . Dean Loew and Harold Craft are receptive to any suggestions . Councilwoman Harrison - The meetings would be open to the public ? Mr. Bland - I am not sure , I would need to check into the law . Councilwoman Harrison - There is no law , so the committee will need to decide how it would work best ? Mr. Bland - Yes . One thing that should be understood is that this would be a meaningful experience for all involved . Hopefully , the representatives would be close to the public . Attorney Barney - What kind of time frame does Cornell want to get the committee going ? Mr. Bland - A week would be optimistic since we still need to get responses from various Boards , but the hope would be before the month is over the committee will be formed . Councilman Conley - This is a major change in Cornell' s position . I want to confirm that this Is the first time we have heard this revised proposal . Mr. Bland - This is the first time we have discussed the revised proposal for the CAC . TOWN BOARD MINUTES 8 SEPTEMBER 9 , 1996 AGENDA ITEM NO . 10 - PERSONS TO BE HEARD . Supervisor Valentino - There are a lot of people from the public here tonight who would like to address the Cornell Incinerator Project. If they would like to address the issue to the Town Board in the context of being part of this committee or not , and their reasons , it seems it would be appropriate for those people to come forward and speak . Other issues are also welcomed . Stan Seltzer of 228 Forest Home Drive - "The members of the public and myself have heard a little bit different version than what was told before . The public has heard about this project , but have not seen anything in writing. I prepared my statement before I heard the issues tonight . The Town Board is about to consider whether to participate on a citizen ' s advisory board . At this time , I think that the Town should decline this opportunity . I would like to remind the Board about their stand on the proposed incinerator . On June 15 , 1996 , the Town Board passed a resolution requesting that a negative declaration be rescinded , and that the project sponsor prepare an Environmental Impact Statement. The Tompkins County Board of Representatives followed suit the next day . I did not hear anything here tonight that suggested that there would be an Environmental Impact Statement . The response from Cornell, up until today , and the State University Construction Fund has been to propose the creation of a citizen ' s advisory board in a formal decision making process based on the State Environmental Quality Review Act Process . However , explicit in the proposal that the public saw o July 31 , 1996 , was the statement that the action was based on the assumption that the incinerator \A be built as proposed , and will incinerate pathological waste and animal remains classified as regulat waste. Further stipulations are : 1 . A formal analysis will be written by a consultant retaine medical wa p ) Y by Cornell , and 2) . The College of Veterinary Medicine will develop the formal analysis , issue the findings , and make a decision as to whether to implement the action or pursue alternatives . To emphasize , the College of Veterinary Medicine will make the decisions , two Cornell Deans will be chairing the committee . In other words , the Town could be on Cornell' s team . They are still not promising that the Town will ever get in the game . One crucial aspect of an Environmental Impact Statement is that aitematives must be considered . Cornell and the State University Construction Fund claim that their review has determined that incineration is the only available practical method of disposal for the College 's pathological waste and the animal remains that are now classified as regulated medical waste . At the June 15 , 1996 Public Meeting , Cornell claimed that there were no records of this analysis available , then at the July 30 , 1996 meeting , Cornell promised that a written statement of this analysis will be prepared and made available to the public . The public has not seen this yet . Cornell says that they must be at the forefront of new technology that will substantially improve the environment . That is in the report to the Campus . If that is indeed is an incinerator as it has been proposed , let that stand the public scrutiny of the Environmental Impact Statement. process . There are altematives to incineration . The Town Board should demand that they be honestly and rigorously considered . The Town Board should not be mislead in playing the game when the final outcome has already been decided . I think the Town Board should see what has been written before considering this seriously . The July 30 , 1996 documents do not give a lot of promises if the To"V participates . " Ed Cope , Chair of the Environmental Management Council for Tompkins County - " I would like to TOWN BOARD MINUTES 9 SEPTEMBER 9, 'i996 speak for the Environmental Management Council in response to the proposed resolution . The Environmental Management Council had a presentation from Mr. Bland , and questions were raised . The Council was strongly concerned that an Environmental Impact Statement had not been considered by Cornell , and that a main part of the Environmental Impact Statement would consider all the alternatives for an incinerator . The Council passed a resolution to that effect after the Town Board and the County had passed similar resolutions . The big concern was about the committee , and Cornell ' s unwillingness to delay the process of building . The understanding was that Cornell was going to build this project , and then they would get the input on how it should be done through the studies . This puts the community in an awkward position . Cornell is saying that they will hear this committee with the public input , but in effect the decision has been made and it will not effect the decision to build this . The Environmental Management Council would like to see a process where an analysis of all the alternatives are laid out for public review. The Environmental Impact Statement would effectively achieve that . This would unify the community behind Cornell and the alternative chosen, and then provide the trust that is necessary for the large institution to function with Tompkins County . " (Attached is a letter from Mr . Cope . ) Ruth Mahr of 103 Judd Falls Road and the President of the Forest Home Improvement Association - "This statement is on behalf of the Association . I go along with Mr . Seltzer' s and Mr . Cope 's comments. I think the ground has shifted significantly since Thursday night when I heard Mr. Bland's presentation to the Conservation Advisory Board . It is hard to respond in this short time . My statement is geared to the proposal that we received on July 31 , 1996 . This proposal , we believe , was deficient in terms of meeting the concerns of the community . We want to make a recommendation against the Town ' s sanction of the study that Cornell proposed through it ' s membership in the citizen ' s advisory council. It may be helpful to know that Cornell never consulted with the community about membership on the Board , the scope of the study , or any decision making authority . Cornell has not come back to the Association or even informed us even though they have committed themselves to discussions with the community . The Association thought they were in the process of negotiating a proposal with them . Cornell has not gotten back to us since the July 30 , 1996 meeting , in terms of the new proposal . The Town Board should know that there have been a lot of changes , and the Town should not make a decision until all of this is in writing . The charge to the committee , who will be on the committee , the decision making authority of the committee , the responsibility of the committee , and the scope of the study has not been made clear at this point . I do not believe that this would be in the Town ' s interest to participate in such a study unless the perimeters were laid out in writing . The Association thought we would not participate in the proposal as it was stated on July 30 , 1996 . The Council proposed by Cornell would have no decision making authority . According to their July 30 , 1996 proposal , the action was to look into simply burning plastics while the incinerator was going to be built in any case . The Association felt that the outcome of the study was likely to be biased in favor of burning plastics because of the economics of so doing once the incinerator was built would be compelling . I would_ like to remind the Town Board that they did take a position on July 16 , 1996 , in support of having the State University Construction Fund rescind the negative declaration and open the way for an Environmental Impact Statement . Joining the committee would mean that the Town Board would be shifting its position . That is something the Town needs to consider . . Again the July 30 , 1996 proposal was to build the incinerator in any case . If that is still part of the proposal and the Town Board participates TOWN BOARD MINUTES 10 SEPTEMBER 9, 1996 through membership on the committee it would be sanctioning the construction of a facility in the Town of Ithaca which is in violation of the Town of Ithaca Zoning Ordinance . This would put the Town Board in a compromising position . I would like to see in writing Cornell 's terms of forming the committee and determining who is going to chair the committee . Cornell needs to be more open in what they are doing . Cornell should consult with the Town and those who have been concerned and very active in this for a long time . I am open to considering the new proposal , but I think it would be rather hasty for the Town Board to make a decision tonight without seeing what Cornell has in mind in writing . I would ' like the citizens to participate in determining what goes into this proposal and who has membership on this committee . " (Attached is a summary letter from Mrs . Mahr. ) Nancy Brcak of 228 Forest Home Drive - " I am glad to meet Mr. Bland . I have the sense that you are an honest and committed person, but I think that you are not fully aware of the chronology of this entire project. On a warm evening in October 1992 , the Town Hall Board room was packed when the Town Planning Board met with some officials from Cornell and the State University Construction Fund to tell the public about the project . At that time , Dr. Larry Thompson responded to some questions . He stated if there were legitimate concerns , if one interested party had a concern and the DEC would concur , a full Environmental Impact Statement would have to be done . This room was full of individuals who believed , at that time and many still do believe , that an Environmental Impact Statement is needed for this project . Cornell University thought that it would be appropriate for the Mann Library Project to have an Environmental Impact Statement . I am not sure why a library demands an Environmental Impact Statement , but a regulated medical waste facility does not . I still take issue with the characterization of this as a replacement . It does not look or smell like a replacement . This facility will do more than the old facility . Many concerned citizens , and this local government body have called for an Environmental Impact Statement . With that process alternatives to incineration , as well as alternative sites would be explored . There is another reason why an Environmental Impact Statement is crucial . The State University Construction Fund choose to make an Environmental Assessment Form report that was less rigorous than an Environmental Impact Statement would be , one which. did not formally explore alternatives to incineration . The result is a report with supporting documents that is long on technicalities , but short on common sense . For example , the wind data gathered in Syracuse tells them that the wind blows west to east while a review of weather data from Cornell' s own reporting station makes it clear that on the proposed site the wind does not follow the Syracuse pattern . The wind blows predominantly towards Ithaca and Cayuga Heights . As it was written long ago , "who shall watch the watchers "? In fact , the challenge for the Ithaca community is to do more than watch the watchers . It is to insist on a mechanism that will keep the State agencies , the State University Construction Fund and the DEC , honest . This begins with an Environmental Impact Statement , it does begin with committees that truncate a fuller process . ' Jill Brantley of 613 Utica Street - " I had some concerns and watch with some interest the way that formal organizations communicate to each other . I think the way formal organizations typically communicate in writing , we are seeing why , even though we are always complaining about all the paper. Perhaps in the invitation to the Town Board , which the public has not seen , Mr . Bland speller out some concerns . These are concerns about the powers this committee would have , the legal state of the committee , and what would happen if the citizen members of the committee disagree . Many TOWN BOARD MINUTES 11 SEPTEMBER 9 , 1996 people have voiced concern about why SEQR rules are being used . The SEAR process has been by passed . I am not clear about the terms of the invitation . What was said in July and what is being said now have changed. I think Mr . Bland spoke very carefully and tried to give the best interpretation of what would happen , but no one is quite sure of what the Town of Ithaca would be entering into . There would be a significant power differential between the Town of Ithaca or any of these groups and the power of Cornell , it seems that it would be quite legitimate for Mr. Bland to speak about what the terms of communicating are . Why is the talking be couched in a way that bypasses the established legal process of SEQR review? " Supervisor Valentino read the invitation letter from Dean Loew and Harold Craft , and then read the letterfrom President Rawlings to the public and Board Members . (See attached letters . ) Could Mr. Bland explain to the public and the members of the Board what has happened since the Thursday meeting in regards to this project ? Mr. Bland - There have been debates about what the committee is to do and the future of the project . The message I am trying to give to convey is that Cornell is willing to broaden their perception , not only by President Rawlings letter but by other things such as the plan on July 30 , 1996 , and this presentation. There is no proposal now . State projects are not required to have local building permits . This has been part of the frustration from the beginning , that there was no Environmental Impact Statement written . That created a lot of dissatisfaction with the public review process . There is no local approvals necessary . Cornell is not proposing there be local approval by sign off from a local board. The State does not require a local permit , but Cornell should do a better job in getting the local input . I have come here tonight to tell everyone that this is what Cornell intends to do , get better public input . There is a possibility the Town Board might reject membership into the committee because there are still a lot of disagreements . Ms . Mahr said that everyone has not met since July, but I have been in touch with her since then . I tried to keep everyone informed of all the meetings of interest . As far as this committee goes , Cornell tried to come up with all the parameters asked for; such as how the decision making is going to work, what is the membership order, and when to put out a letter on what Cornell wants to do . Cornell wants to bring these people together to represent the concerns of citizen groups and talk about all of these parameters . There is no formal charter or bylaws for this committee . Supervisor Valentino - Wouldn 't it make more sense for people to appoint a person to this committee who can help decide what some of the parameters should be , and see if they are acceptable to the two co- chairs ? The parameters should be looked at during the first meeting to see if everyone is in agreement as to the function of the committee and what type of things to cover. A committee would be doomed to fail if they start out without having some goals and parameters in place before they actually start . The goals and parameters need to come from the members with some direction as to why they were sent there . Councilman Wolff - What are you suggesting ? Supenjisor Valentino - There seems to be interest in designating a person to participate , at least in the TOWN BOARD MINUTES 12 SEPTEMBER 9 , 1996 initial stages of the committee in order to report back to the Town Board , and for the Board to gr; them some direction . Saying no to participating to see how things go is not what the Town should be doing . The Town of Ithaca could present a letter or make a recommendation if they feel things are not happening as they wanted. This would give the Town an opportunity to participate but be very mindful of what the Town would like to see happen . Councilwoman Grigorov - The Town Board would be passing up an opportunity to influence the things that concern the Town if we are not on the committee . It would be very negative not to try . Councilman Klein - The sentence says " all aspects of the project are open for discussion" . If the committee structure and the decision making process mean less , then the Town Board can re- evaluate our involvement . Cornell is taking a considerable step. back according to the letter from President Rawlings . The Town should pursue it at this point . It would be interesting to see if the committee comes up with something that Cornell does not agree with . Councilwoman Harrison - The Town should write a letter to restate what Mr . Bland has said tonight . Our understanding of what participation in the committee means , and what the committee would be looking at , including that we believe an Environmental Impact Statement would be appropriate and necessary . The Town does not have anything to lose by joining the committee , but the Town wo need to do it in a way that is clear . Councilman Conley - The Town should not postpone any rejection to participate . Postpone it u Il thoughts become clear and they have taken the essential positive steps . Maybe not in this situation , joining a committee but rather that the Torn Is willing to gather further Inform ation before making a decision to participate by sanctioning a person to represent the Town . The Town Board should not make any decisions at this point whether to participate , other than saying no . Councilwoman Russell - I agree with Councilman Conley , and would like to see something in writing about the Environmental Impact Statement still being a possibility . The Town Board should see something in writing before going on . Councilwoman Harrison - What would you like to see in writing ? Councilwoman Russell - I would like to see the scope of the committee including the issue of an Environmental Impact Statement . Councilwoman Harrison - Would the committee be drafting an Environmental Impact Statement ? Super Asor Valentino - The committee would be discussing what the Environmental Impact Statement needs are . i Mr. Bland - Dean Loe\tv and Harold Craft said they intend to discuss all aspects of the project wit committee . I would be disappointed if the SEAR process is not the first item on the agenda for all TOWN BOARD MINUTES 13 SEPTEMBER 9 , 1996 members to discuss . Councilwoman Russell - The Town Board has taken a stance on that particular item , and the Board will not be changing it at this time . The representative for the Town of Ithaca would want to make that point clear to the committee if the Board decides to participate . Councilman Wolff - A role in the committee would be useful , but the Town Board would like to see it in writing . An Environmental Impact Statement is still necessary . I would like to address the memo I have written to the members of the Town Board and to the Department Heads . There is a proposed resolution on the last page and I urge the Board to do two things . 1 ask that the Town not join any community tonight and pass the resolution in the current form . I am urging passing this resolution because the only thing about this proposal that we have from Cornell in writing is from the July 30 , 190.6 meeting . The reason the Town Board should reject that proposal in it' s current form is because an Environmental Impact Statement system in it' s present form seeks answers to questions in terms of research that is wrong . There are no provisions for the studying of the waste bin to see if it meets the needs for the concerns of the community . There are no examination alternatives . The incinerator will still be built . The role of the community is still unclear , and I am not convinced that all activities pertaining to the incinerator have ceased . I am glad that Cornell has suspended the permit process , I hope that is the case. I would like to see writing to that effect , not just verbal statements . I would like to see some what the committee would consist of, not only the membership , but what questions specifically would Cornell like to see studied . I would like to see that Cornell is willing to study alternatives including all others that were just mentioned . What I have heard tonight seems very positive . I was ready to urge the Town Board to reject the proposal , but instead I would like to urge the Town Board to adopt the resolution . Not because the Board would be rejecting their proposal , but because in this resolution the Board would be offering some benchmarks that need to be met . Criteria if this Town was sanctioned and recognized in this committee . The Town ought to require certain things . Decision making powers of the committee need to be real . The scope of what the committee studies needs to adequately address the concerns of the community . This would include talking about Cornell's problem with it ' s waste stream and the community concerns about the way Cornell will deal with the waste problem. The proposed resolution states , `that the Town of Ithaca and its official bodies shall desist from participating in , recognizing , or sanctioning the proposed committee or any such committee as long as the scope , authority , membership ; and purpose of the committee remains limited and fails to adequately address the needs and the concerns of the community and Town residents to the satisfaction of the Town Board . " I would urge you to pass the resolution , not because it closes off the ability to join the committee , but because it would make clear to Cornell what the Town Board expects of the committee . Dooley Keifer , Tompkins County Board of Representatives - I have not seen the resolution Councilman Wolff was referring to . I do not know what the wording said because he only read the resolved part . I would like to ask the Town Board if their earlier resolution asked the State University Construction Fund to rescind the negative declaration and to do an Environmental Impact Statement ? Did the Town Board follow up with a formal petition to the State University Construction Fund including the documentation for the reasons for rescinding ? If this has not been done , this is a step the Town TOWN BOARD MINUTES 14 SEPTEMBER 9 , 1996 Board should take before seriously considering joining the committee . Councilwoman Grigorov - Did the County do that? Ms . Keifer - No , the County seem to be always deferring to the Town of Ithaca on this matter. Councilman Klein - Are you asking what the Town Board did with the resolution? Ms . Keifer - Yes , whether the Town of Ithaca formally petitioned the State University Construction Fund? The resolution really does not do that , it is just a statement of position . Mr . Kanter - A letter was sent to the various parties indicating what the resolution asked . Ms. Keifer - Did the State University Construction Fund respond to the resolution as a formal petition to rescind? Mr . Kanter - No . Ms . Keifer - That should be the next step to be done . Mr. Bland stated that , as of now , the pe process is suspended indefinitely , and will remain so until the committee is formed and has b given ample time , to do what? I would feel more comfortable if I knew the suspension was indefinite . Cornell has been good about seeking some community input with a possible committe . Having heard Mr . Bland' s proposal for Cornell , it seems that the best thing for the Town of Ithaca is to participate informally with certain representatives of the community , with discussions that are much less structured , to see whether the committee made sense from the community' s perspective . If the committee was just going to look at whether or not to burn regulated medical waste , that would not seem to solve the issues . I am grateful the message was received , but it is not clear what the new proposal is saying either . Everything is on the table to discuss , but to what extent ? This still needs to be worked out , and it could be done informally without formal representation . If the Town Board passed Councilman Wolffs resolution to designate someone informally to do these things before signing on to a formal committee , that might be the best . Councilwoman Grigorov - It is unclear if the committee will be open to the public . Mr. Bland - What Cornell is proposing to do , is to rethink things , and I would like to urge that the Town of Ithaca Town Board designate a representative for the committee to represent the community . Whether it is informally or formally would be for the Board to decide . Cornell would like to know that they have contacts established in the Town , so that the two most important decision makers at Cornell . can talk to them . The alternatives is to go to meetings and make presentations , and to continue to talk informally with everyone . I urge the Town Board to designate a person from the Town Board t Cornell could talk to . So the Town Board will know what is going on . Cornell has broadened what proposed on July 30 , 1996 to something that has more boundaries up for discussion . It would be if these people decide .in the formation of a committee on how it is run . Discussions with the Deans TOWN BOARD MINUTES 15 SEPTEMBER 9 , 1996 could help the committee . This would be a satisfactory way for Cornell to proceed . Supervisor Valentino - The resolution that the Town Board passed previously stated that , "Whereas , the officials of Cornell University have acknowledged public input is beneficial and the preparation of an Environmental Impact Statement would allow such input . Whereas an Environmental Impact Statement would allow for official public input and would address many concerns of the community . Therefore be it resolved, that the Town Board of the Town of Ithaca ask for it to be rescinded . " I think the Town Board made it clear that they felt it was important for that public input to happen . I can not go back to what may have happened on July 30 , 1996 , but this is an official meeting and the statements made will be in the official minutes as an omcial presentation of Cornell' s intent . This is their intent today regardless of what may have happened prior to today . Everyone has several . questions about the committee , and it seems that from what Mr . Bland has heard tonight and from the minutes , he may be able to draft some type of statement . It also seems appropriate for the Town Board to send a letter to Cornell based on the conversations tonight , outlining our concerns , so discussions are clear in both directions . I would recommend that the Town Board designate a person . It does not seem unofficially designating a person to participate is any different than designating someone to participate . We can then evaluate that person' s finding . Cornell has heard loud and clear that the Town of Ithaca Town Board intends to evaluate each step of the process to see if the committee is fulfilling our hopes and goals . Anyone who joins the committee is not bound to always stay on that committee if they are not satisfied with what is happening . I would recommend that a person be designated to join this committee and a letter be drafted to them outlining what the Town Board' s understanding is based on the presentation tonight detailing the concerns the Town Board has in continuing the dialogue that has already been started . RESOLUTION NO. 141 : Motion made by Supervisor Valentino, seconded by Councilwoman Gngerov, that the Town of Ithaca Town Board designate a person to join the Community Advisory Committee being formed by Cornell University; and be it further RESOLVED, the Town Supervisor shall draft and send a letter to Cornell University outlining the parameters of the committee 's mission . The draft shall be reviewed and approved by the Town Board prior to its delivery to Cornell University. Supervisor Valentino - The Town Board could work on the letter together to make sure all the members have seen it before going to Cornell . There has been a lot of discussion with some different interpretations . Councilwoman Harrison - There is an agreement of the Board about the scope to be considered by the committee . I am not sure that the Board would agree about the decision making issue . In President Rawling ' s letter it clearly states that the decision making rests with the University . It is unrealistic to expect this committee to be formed and be empowered with actual decision making . I am not sure that is the expectation of some people on how the committee should function . If the committee becomes a decision making body , then we get very concerned about exactly who is on it and how many people are on the committee . TOWN BOARD MINUTES 16 SEPTEMBER 9 , 1996 Councilman Wolff - The committee would play a substansive role in determining whether or not an incinerator is built in the first place , and whether alternatives are examined thoroughly . Assurance is needed that there is an adequate and rigorous examination of Cornell' s waste stream so that waste is reduced to use as recyclables as identified in conjunction with other alternatives . It must also play a substansive role in assuring that all concerns of the public are adequately addressed in regards to a hazardous environment and public safety . Assurances that whatever facility is created will be safe , and be operated efficiently with proper monitoring . If this committee played a substansive role , I would be happy to see this as a reality . Attorney Barney - What do you mean by a substansive role? Councilman Wolff - Cornell has the legal decision making authority to create a committee and force their conclusions through the committee . To create a "rubber stamp" situation . I would like the committee to have the ability to persuade , and I am not sure how that would work. If Cornell does not press foM/ard with the incineration being the only means of getting rid of their regulated pathological medical waste , then this committee could be successful . If Cornell already has their mind set on incineration as the only means and looking for a way to get the blessing of the community, then the committee will not be successful . Supervisor Valentino - It is true , the final decision would be made by Cornell . It will be very hard to see a "rubber stamp " situation from these particular groups of people Cornell intends to invite . It always comes down to the resolve of the committee having meaningful input . I have never seen a committee function successfully any other way . Councilman Wolff - The Town Board is not undermining the previous resolution ? Super /isor Valentino - No . Councilman Conley - The Environmental Impact Statement should be thoroughly discussed at the committee meetings . If Cornell and the committee are willing to discuss the Environmental Impact Statement then it would be worth sitting down and negotiating . Ms . Mahr - The Town Board should consider what they are doing . The Board is a decision making authority to Cornell, and this might compromise the Town in whatever action it might want to take later on. I would be very nervous if I sat on a Town Board and I said yes to joining a committee that passed all the decision making authority to Cornell . Councilwoman Harrison - How do you see the Town Board doing that? Ms . Mahr - A number of people have said Cornell is going to have the decision making authority , and the committee would simply be an advisory council . Would it be possible to set up a process wher6 there is some type of voting mechanism so that Cornell can not make a decision to over ride the majority of the committee . The other concern is that , given the membership of the committee , the TOWN BOARD MINUTES 17 SEPTEMBER 9 , 1996 Town would have the same weight on this committee as the SPCA. I do not think I would make a decision tonight until I had these things clarified and discussed with Cornell the possibility of altering the composition of the committee by getting more than one member from the Town . Councilwoman Harrison - It should state that the Town Board would participate in discussions regarding the formation of the committee . Mrs. Noteboom - The motion was to appoint a member to the Cornell University Incinerator Committee with a letter explaining the parameters of the committee ' s mission . . Councilman Klein - The Supervisor will prepare a draft to share with the Town Board members before mailing the letter. Supervisor Valentino - That is part of the motion . Councilwoman Harrison - Councilman Wolff thought the Town Board was participating in the committee ' s discussions regarding how the committee would function , and once that , has been discussed and settled, then it would come back to the Board about whether the Board would designate an actual member to the committee . Is Councilman Wolff suggesting this as an amendment ? Councilman Wolff - Yes . Supervisor Valentino - Instead of officially joining the committee at this point , the Town Board would designate a person to participate in the formation of the committee? Councilman Wolff - Yes . Supervisor Valentino - An amendment to the motion would state that the Town Board is willing to participate in the formation of the committee to look at the parameters , look at what the scope is going to be , and after that phase is completed , the Board would make a decision to continue the Board's participation . Councilman Klein - The Town Board is not just jumping into joining the committee , we are just signaling our interests in participating if the committee will address as many issues as we hope they will . Supervisor Valentino closed the discussion of the matter of the Cornell University Incinerator Project . AMENDMENT TO RESOLUTION NO. 141 : Motion made by Supervisor Valentino, seconded by Councilwoman Grigorov that the Town Board shall appoint a representative to attend the Community's Advisory Committee formation meeting and/or meetings to determine committee functions and organization . The said representative shall report to the Town Board asking for a recommendation as to whether the Town should or should not officially participate in the said TOWN BOARD MINUTES 18 SEPTEMBER 9 , 1996 committee; and be it further RESOLVED, that the Town of Ithaca shall desist from participating in, recognizing, or sanctioning a Commun#yAdvisory Committee if the scope, authority, membership, and purpose of the committee fails to adequately address the needs and concerns of the community and Town residents to the satisfaction of the Town Board, and be it further RESOLVED, the Town Supervisor is hereby authorized and directed to appoint a Town Board member to act as the Town of Ithaca representative to attend the Community Advisory Committee formation meetings; and be it further RESOLVED, the Town Supervisor is hereby authorized and directed to prepare a draft letter to be sent to Cornell University outlining the Town Board's concerns regarding the parameters of the commdfee s mission. The said draft letter shall be reviewed and approved by the Town Board prior to it being sent to Cornell University. A vote on the resolution with amendments was as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison, aye ; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motio carried unanimously . AGENDA ITEM NOw 10 = PERSONS TO BE HEARD ( CONTINUES . Bruce Brittan of Forest Home Drive - There is a lot of traffic in the Forest Home area now that the down stream bridge is closed , and there is a need to reduce the traffic flow through the community. There are occasional stand offs at the bridge , but it flows smoothly. Traffic is a problem for the neighborhood . I would like to extend an invitation to each Board Member the next time they come through the Forest Home area to stop and get out of their cars and walk on the road to enjoy the community . Supervisor Valentino - Is there anyway the Town Board could tell motorists there are alternate routes they could use ? Councilwoman Harrison - I think people know the routes exists . If there were a sign that suggested this is a residential community they could use alternative routes , that might have some impact . Mr. Brittian - It is important, not only what is put on the sign , but the location of the sign is critical . Most signs are located after people make the decision , not before . Councilwoman Harrison - Could the Town Board ask the Forest Home Improvement Association t think about what might be on such a sign and where they would like it to be placed? TOWN BOARD MINUTES 19 SEPTEMBER 9 , 1996 Supervisor Valentino - The Board would be open to any suggestions and will be reviewing this . AGENDA ITEM NO , 14 - CONSIDER REIMBURSEMENT REQUEST FROM COLLEGE VIEW MOBILE HOME PARK , SEVEN MILE DRIVE FOR LOTS NOT UTILIZING SEWER SERVICE Director of Engineering Daniel Walker - In 1992 , when College View was approved for an expansion of 13 additional lots they made a request , since they had a fairly new on-site septic system serving the existing lots and since they had invested a large amount of money into , that they not be required to connect existing lots to the new sewage system going through the area . This issue was brought to the Town Board on January 13 , 1992 . At that time a Local Law (No . 111992) was passed , which states "Sewage treatment billings , may at the option of the Town , be reduced in proportion to the number of unsewered lots for a period of time up to August 1 , 1997 , and then the rate of the adjustments would be computed by the Town Engineer based on the percentage of unsewered lots in the park' This Board never exercised that option , and Mr . Jacobs is requesting that the Town now exercise this option. The spread sheet shows that the park was actually operational in October 1993 . At times this Board has approved refunds up to a year or two . The Board now has actual billing records , and all the bills have been paid by Mr . Jacobs . The bill for December 1 , 1993 was actually a minimum bill because the full amount was not consumed . The formula in the resolution states the amount would be based on the number of connected or unconnected lots . Mr. Jacobs has 42 lots out of a total of 65 lots connected to the sewer. So the basis for the sewer bill , according to the resolution , would be 65 % of the actual charges based on consumption . Councilwoman Harrison - Twenty-three lots are connected? Mr. Walker - Yes . The 65% would indicate all the periods of billing with one or two prior to December 11 1993 . That would indicate an amount of $ 10 , 931 . 49 for reimbursement . For 1996 , $ 5 , 715 . 00 has been charged , so 65 % of this would be refunded . Supervisor Valentino - This is just for the sewer? Mr . Walker - Correct . Councilwoman Harrison - When a sewer line is extended in front of a residential property are they given the option to connect? Mr. Walker - No . If it is a new property they are not obligated to connect for up to ten years , if their sewer system does not fail . Councilwoman Harrison - During that ten year period , what are they charged for? Mr . Walker - Just for the water if they are connected to the water system . This is not a benefit assessment , this is an actual water and sewer bill . TOWN BOARD MINUTES 20 SEPTEMBER 9, 1996 Attorney Barney - The Town does not have meters that measure the amount of sewage that comes out . We meter the water going in , and use that number. Mr . Walker - The College View Park has one master meter for the whole park . The water system within the park is privately owned . Councilwoman Harrison - The bill to College View Park is based on the water usage , and this request is prorated by lots that are , or are not connected to the sewer? Mr . Walker - Yes . Councilwoman Harrison - How does the Town handle a single family home where there is water, but it is connected to a septic system ? Mr. Walker - They would not be charged for the sewer for the first ten years ,, but after that they are charged . Councilwoman Harrison - This Park would be treated in a similar fashion ? Mr . Walker - Yes . Councilwoman Grigorov - Does the owner have to hook up with ten years ? Mr. Walker - The owner has five years . The rules and regulations state that if any part of the facility is not connected to the sewer , the total water meter usage would determine the bill . That is why Mr. Jacobs made the request to grant the waiver for properties that were not connected . The Health Department will probably revoke the permit and force them to connect to the public system . Councilwoman Grigorov - Is there a basis for the Town Board to decide whether or not to grant the request? Mr . Walker = This would be a financial hardship situation . Councilman Klein - Mr . Jacobs is not getting the benefit of the sewer. The Town is not paying for the treatment of their . sewer , and they were charged for it . Councilwoman Harrison - The Town pays according to water usage? Councilman Klein - No , but 65 % of that water goes into a private disposal system . Councilwoman Harrison - When the Town pays for the operation of the sewer and pays into the join sewer agreement , the Town pays according to water consumption ? TOWN BOARD MINUTES 21 SEPTEMBER 9, 1996 Mr. Walker - The Town pays for the total water consumed by residences that are connected to the sewer because the Town provides that number to the City and to Bolton Point . Councilman Klein - Then the Town would reduce the number? Mr. Walker - Technically, the Town does not have a legal way to do that . The agreement with the City states that the Town would use the total readings that are connected to the sewer. The Town is paying the City for it . Councilman Klein - The Town Board is considering reimbursing $ 10 , 931 . 94 . The Town has already paid this amount? Mr. Walker - Yes. The numbers are determined for the City from the Town's total water consumption that goes into the properties which have sewer service compared to the City's total water consumption . That provides a percentage of the operation and maintenance costs of the water treatment plant , that is what the Town pays . Councilwoman Harrison - This is based on the water usage? Mr. Walker - Yes . Attorney Barney - The money has been taken into account when determining the proportion of the operating expense . Mr. Walker - Other developers , as they put sewers in , get a waiver on the benefit assessment for five years if they do not build the house and connect it to the Town' s sewer system . Councilwoman Harrison - Then they would not be using the water? Mr . Walker - Correct . Councilwoman Grigorov - Mr. Jacobs has been paying the benefits since then? Mr . Walker - Yes , but he has not been excused from the benefit assessment in anyway. Councilwoman Harrison - The Town is an awkward situation because of the way the Town is being billed for the joint water system . On the other hand , Mr. Jacobs is not using it , and the problem is based on the way the Town has been paying the costs . Councilman Klein - In the matter of fairness , the Town should make this refund . But for others who have come before this Board for refunds , we only went back a year. This requests goes back to 1993 . Others have been turned down if it was beyond a year . TOWN BOARD MINUTES 22 SEPTEMBER 9, 1996 Mrs. Noteboom - The original resolution says that the Town would go beyond the one year. In 1992 , the Town Board already gave the authority to consider this . Councilwoman Harrison - The Town Board should have reconsidered this in 1993 or 1994 . Attorney Barney - There is no precedent being set here that the Town would have to deal with anywhere else because the Town has a resolution that authorizes the Town Board specifically to make this adjustment from September 1992 . This was just an over sight . Councilman Klein - The Town Board would have to do this again next year? Mr. Walker - Yes. What the Town would do now as part of the resolution , would be to give this amount as a refund and instruct the billing system not to bill until August 1 , 1997 , RESOLUTION NO. 144: Motion made by Councilman Conley, seconded by Councilman Klein that the Town Board of the Town of Ithaca does hereby authorize and direct that a reimbursement of the sewage treatment billings for the unsewered lots within the COLLEGE VIEW Mobile Home Park be made to Mr. Paul Jacobs based on the adjustment rate as calculated by the Town Engineer, and be it further RESOLVED, said reimbursement shall be in the amount of S10, 931 . 49 expended from the Sewe Fund account number G2120- Sewer Rents Town Customers; and be it further RESOLVED, the Town Board does hereby authorize and direct the Town Engineer to make the appropriate ad}ustments to the quarterly billings for the COLLEGE VIEW Mobile Home Park so that Mr. Jacobs will not be charged the sewage treatment charges on the 42 unsewered lots until August 1, 199 7; and be it further RESOLVED, the Town Engineer is hereby authorized and directed on and after August 1, 1997 to recalculate the appropriate sewer billings for the said premises in accordance with the regular billing formulas in effect at that time. A vote on the resolution resulted as follows : Supervisor Valentino , aye : Councilwoman Gdgorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously . ADDITIONAL AGENDA ITEM NO . 1 - ITHACARE WATER CONNECTION . Mr. Walker - Ithacare was before the Town Board two months ago requesting assistance in providin the water service to the project property . At that time , I explained the normal procedure for providin water service . The developers build the infrastructure required for the completion of their projects . TOWN BOARD MINUTES 23 SEPTEMBER 9 , 1996 There have been some discussions at the Public Works Committee that is an issue of policy to be made by the Town Board . Councilman Klein - At the Public Works Committee August 29 , 1996 , Noel Desch and Mark Macera were in attendance . The committee did not have a particular recommendation , but there were some discussions in terms of whether the Town should entertain assistance for the connection . Mr. Desch made the point that there are other properties that would benefit with this looping system by having Ithacare install the eight inch main , it would provide some redundancy . The Committee asked Mr. Walker to look at how many parcels would be affected by this improvement to see whether there are any other properties benefitted . Supervisor Valentino - Has this always been the case with extensions , such as the Arrowwood project , the looping? It is true that the majority of the Town ' s extensions give others benefits ? Councilman Klein - That is generally correct , but there are still capital projects that the Town has done over the years to improve the water and sewer systems which are part of some ongoing project . Mr. Walker has indicated this as something that will not be priority project . It is on the list of things that the Town would like to do . Mr . Walker - The outline provided to each Board Member shows the listings of the tax parcels that exist on the west side of Danby Road between West King Road to the Ithacare parcel . Vista Lane is the largest potential project and it had a benefit assessment of 32 units . It is located a few parcels up from the Ithacare property . Currently there are 12 units with a potential of another 20 units . The current Ithacare parcel is assessed at 21 . 45 units . At this point , there are 61 units outside the Ithacare parcel , and 21 units on the Ithacare parcel . The estimated water consumption for Ithacare is 16 , 500 gallons per day according to the Environmental Impact Statement . This would be calculated to approximately 6 million gallons per year , which is equivalent to 805 , 000 cubic feet per year . The Town ' s benefit assessment based on consumption , which we charge to Ithaca College , NCR , and Cornell University is one unit for every 16 , 000 cubic feet consumed . If the Town uses Ithacare' s consumption the benefit units to be charged to that parcel is 50 units . That is only a partial potential for the site . If the 50 units are compared to the 61 units , the development potential is 50- 50 . The Ithacare proposal has 160 residents minimum , according to the Environmental Impact Statement . They are distributed among 60 adult care units that are single room for each person . There would also be 20 assisted living units which would be studio apartment . Marie Macera , Ithacare - The 100 rooms would be a combination of central efficiency single room , one bedroom , and two bedroom apartments . Mr . Walker - Some of them are one bedroom apartment with a kitchen and living area . This is compared to a multiple residence situation , each apartment would be considered one unit . The calculated benefit assessment based on using four of the adult care and adult living units is equivalent to one benefit unit . That would be equivalent to 20 units plus the independent living units would be considered an apartment . One unit per apartment . This would result in a benefit charge of 100 units TOWN BOARD MINUTES 24 SEPTEMBER 9, 1996 for that facility. The 100 units is not based on the Town's formula , it was compared to an equivalent apartment complex. There would be approximately 50 benefit units based on potential consumption of water for 100 units , that takes Ithacare slightly under 50% of the consumption on that side of the Danby Road , to almost two-thirds of it . Councilwoman Harrison - What is the 21 .45 units based on? Mr. Walker - That is based on frontage and acreage as defined by the Town's current formula . Councilwoman Harrison - What will they be charged? Mr. Walker - Ithacare is being charged 2,1 . 45 units according to the formula . Councilwoman Harrison - Once it is built and in existence , what would Ithacare be charged? Mr. Walker - If it was based on consumption , it would be approximately 50 units . Councilman Klein = It would be 50 units , but if the Town counts them as apartments it would be 100 units ? Mr . Walker - Yes . Councilwoman Harrison - Would it be possible to stay at 21 . 45 units ? Councilman Klein - No . Mr. Walker - The other half of the parcel would be reduced , but it would be another 11 or 12 units as a vacant parcel . Based on the fact this is originally zoned industrial , the Town would not want to reduce the number of potential units . Councilman Klein - If there was 61 units plus 50 units , it would be 111 units . Then Ithacare would be 50 units out of 111 units . If the Town uses 100 units out of 161 units , then Ithacare would be 100 units out of 161 units , which would be two-thirds percentage of the area benefitted by the new water line . That was the point that Ithacare raised with the Committee to substantiate the share some of the cost . Ithacare has not gone out to bid yet , and Ithacare does not have the estimates of what it will take to do the work . Mr. Walker put together some cost estimates . Mr. Walker - These estimates are based on the typical cost that the Town has seen in the past . - The boring is estimated on the high side at $350 . 00 per foot , which takes into account the possibility of hitting rock under the road . Other borings in the area have ranged from $ 180 . 00 to $ 250 . 00 per foot . i Councilman Klein - It could possibly go as high as $ 750 . 00 per foot if the boring is done under the $ l ,, If they hit some land of rock formation and the boring could not get through , it could be more TOWN BOARD MINUTES 25 SEPTEMBER 9, 1996 complicated . Mr. Walker - These numbers are based on the staffs construction experience in the area . The wet tap and the gate valve are all components that would become the Town' s property. Councilman Klein - The six inch DIP service line costing $ 15 , 750 . 00 is clearly 100% Ithacare 's cost? ' Mr. Walker - Yes , that goes from the property line to the building . The four inch line on the east side of Danby Road will be approximately 100 feet long and end at the property line to Ithacare on the west side of Danby Road . Councilman Klein - It is estimated at $42 , 200 . 00 to cross the road? Mr. Walker - Yes . Ithacare' s proposal originally was to run from an existing six inch main from the south comer of the parcel, then run a six inch water line to two-thirds of the parcel to a connection point with a line that would go to the building . Councilwoman Harrison - That is the second proposal? Mr. Walker - Yes . The third proposal would be to build this as an eight inch water main closer to the road right-of-way. That would reinforce the Town ' s system better . The six inch water main is not the Town' s standard , the Town will not put in anything less than an eight inch water main . Councilwoman Harrison - The second proposal would not be an option ? Mr . Walker - That proposal would , in my opinion , be serving nothing at all . Councilwoman Harrison - It would not be consistent with anything that is done in the Town? Mr . Walker - Correct . Where their ownership starts , that would be their responsibility . Councilwoman Harrison - The third option would be an eight inch main ? Mr. Walker - Yes . The eight inch main would be the portion to complete the loop . I am not suggesting at this point that Ithacare be mandated to run that eight inch main . Although , if a developer came in to say they were going to put 150 units on this parcel , that would be alright with the approval from the Planning Board . Councilman Conley - That would be a private developer making money on the project ? Mr . Walker - Yes . Councilwoman Harrison - Is the last option something that would be considered , without crossing the TOWN BOARD MINUTES 26 SEPTEMBER9, 1996 road ? Mr. Walker - No . Councilwoman Harrison - Because it would be connecting an eight inch water main into an existing six inch water main? Mr. Walker - I am not going to approve serving this size of a facility strictly off that six inch water main . It would be a life safety hazard for people living in the building . Councilwoman Russell - Is that what was approved by the Planning Board? Mr. Walker - No , the Planning Board saw the drawing with the six inch coming across . It was also very clear that the final utilities would be approved by the Town Engineer prior to a building permit issuance . Councilwoman Grigorov - At any point was Ithacare lead to believe it was going to be a six inch water main ? Mr. Walker - No . Councilwoman Russell - What is different tonight opposed to the last time the Town Board discussed this matter? Mr. Walker - I have more facts and figures on the population that would be served , and what impacts on the water system it has . Councilwoman Russell - What are you suggesting ? Mr. Walker - I have not changed my stance . I feel that this is the developers responsibility. Councilman Klein - The cost would be $42 , 200 . 00 for the road crossing? Mr . Walker - Yes . Councilman Klein - The 550 linear feet of eight inch pipe along the highway, plus the values to complete the loop , would be another $ 29 , 700 . 00? Mr . Walker - Part of the eight inch section is an option . Crossing to the eight inch main across the road and bringing the water to Ithacare would be dedicated to the Town of Ithaca , with provisions for future extension to complete the loop by the Town . Councilman Klein - The Town does not have to ask Ithacare to do that? TOWN BOARD MINUTES 27 SEPTEMBER 9, 1996 Mr, Walker - No, the Town will do that . The Town would be within their rights to do that , but that is not what the Town should do . Councilman Klein - If the Town wants to improve the rest of the area , we would have to complete the loop ? Mr. Walker - Yes . Councilman Klein - The parcels indicated as being benefitted , 61 units , are they benefitted by the road crossing or benefitted until the completion ? Mr . Walker - They would not have the redundance benefit until this is completed . Councilman Klein - The road crossing does not benefit anyone else? Mr . Walker - No , it is a portion of the loop that would benefit people in the future . Councilman Conley - The Town Board had also discussed forming a loop in the best interest of service to the Town customers . It would be in the best interest of Ithacare as well by having the loop completed , as long as the work Is being done In the area . Supervisor Valentino - This is not something the Town needs to do at this point . Mr. Walker - This would be something the Town would want to do in the short term , may be in a five year capital improvement plan . Councilman Conley - There should be a prioritized list for capital projects , with a plan of how money . is going to be spent . Mr. Walker - The Town did develop a capital project list . It has not been updated or revisited by the Public Works Committee or this Board actively in the past few years . Councilman Klein - Was this a three project priority? The Committee did projects one , two , or three . Mr. Walker - This would have been a low priority because Ithacare was not on the list at that time . Councilman Conley - As the Town Board gets into developing the budget , I would like to know if prioritizing of the capital projects been done ? Mr. Walker - If the list was revised , this project would be a high priority because it is a fairly low cost project . There is another improvement that the Town needs to make at King Road and Danby Road to provide adequate service to the south end of the line and to also minimize some of the pressure surges at the latteral . TOWN BOARD MINUTES 28 SEPTEMBER 9 , 1996 Supervisor Valentino - The five year project , at a previous Board meeting discussion , we approved the study on the modeling with the joint water system . One of the reasons the Town has not developed an updated priority list is because if the joint water system is done , there will be some significant things that the Town would want to do that would change the way the water is distributed around the community. It would be premature for the Town to come up with a priority list that would be subject to change . Mrs. Noteboom - As a resident in the Ithacare area , Mr . Walker said that the latteral has problems with fire alarms going off because of the pressure surges . My house is located between the latteral and Ithacare's parcel , if the eight inch main goes under the road to service Ithacare , and the Town does not make the connection to that right- of-way , would that provide enough water for Ithacare and the people up the hill from them ? Mr. Walker - VV9h the pressure regulating valve at the comer of King Road and Danby Road the Town has more than enough pressure . Councilwoman Harrison - Why does the latteral have that pressure now? Mr . Walker - The valve only opens when there is a demand . There is not enough people on the system to keep it balanced and regulated . As the demand increases , the valve opens up . Then a the demand stops , the valve would close rapidly . Councilwoman Harrison - This might improve the situation for Mrs . Noteboom' s house because the demand on the system would be more consistently in use ? Mr . Walker - Yes , it should be . Councilwoman Harrison - What has the Town done in the way to try to encourage Ithacare ? What has the Town done to benefit Ithacare ? Has anyone looked into development fee issue ? Mr. Kanter - The Town Board authorized waiving the SEQR related review fees for Ithacare , primarily for the Environmental Impact Statement . I have totaled up the staff costs that were involved with those environmental reviews , that amount came to approximately $ 16 , 000 . 00 , over a year's time . Supervisor Valentino - Those were costs that the Town waived because we felt that Ithacare was such an important project. That was one of the ways the Board said they wanted to work and help support that kind of a project in the community . This should be considered by the Board . Councilman Conley - Where is the issue at this point ? Superrisor Valentino - At another Board meeting we did not feel that it was appropriate for the To to share in the cost of that water line as part of Ithacare ' s approval . That was the Town's origin decision . Based on what was discussed tonight , do any of the Board members feel that the Town TOWN BOARD MINUTES 29 SEPTEMBER 9 , 1996 should change that decision? Councilman Conley - The issues are the cost of going under the road? Councilman Klein - That has an estimate of $42 , 000 . 00 . Councilwoman Harrison - Compared to what? Councilman Klein - $57 , 950 . 00 , less the $ 15 , 750 . 00 . That is Ithacare' s cost to get from the main to their building . That is what Ithacare has to do to get water to their property. Supervisor Valentino - That was part of the approval process . Mr. Walker - The second water service from the six inch water main was what Ithacare' s engineers origina proposed as being adequate . If the Board compared the $42 , 600 . 00 to the $57 , 950 . 00 , the difference would be approximately $ 15 , 000 . 00 for Ithacare's cost . Councilman Klein - The Town did not ask Ithacare to provide the under the road crossing with the six inch crossing . That it would cost them $42 , 600 . 00 , opposed to $57 , 950 . 00 for the eight inch line . Councilman Conley - I am only looking for a way to offer assistance to them to get in there . I was a strong supporter for doing the loop . I want to help Ithacare with their project , that would help the location of fire hydrants for fire fighting . Supervisor Valentino - The Town will be paying for the cost of the loop eventually , but not necessarily at this time . Mr . Walker - It would be approximately $30 , 000 . 00 to complete that loop . Coundman Klein - Ithacare might have two-thirds of the benefit of the road crossing . The Town might want to consider paying the rest of the cost . Councilwoman Harrison - Why would the Town want to do that? Councilman Klein - In terms of the percentage of the properties benefitted , per units . This compared to Ithacare' s construction budget is minor. With review fees that the Town has forgiven , I think the Town has made a substantial contribution to Ithacare . Mr . Macera - Regarding the Town waiving the review fees , it was the Town's decisions that forced Ithacare to do the Environmental Impact Statement . Ithacare accumulated $40 , 000 . 00 in fees , consultants , studies , reports , and investigations because of the citizens of the Town . It is important that the Town Board members realize in their decision to conduct initial reviews , and to not make a decision the way they should have did not protect our position . The Town lost in court , and Ithacare TOWN BOARD MINUTES 30 SEPTEMBER 9 , 1996 was forced to . . . Attorney Barney - I do not recall that Ithacare suggested that the Town make a positive declaration and require them to produce an Environmental Impact Statement as part of the initial review . Mr. Macera - No , but in the discussions at Attorney Barney's office about the ratification of a nine month wait for the appeal recognizing the likelihood that history would be indicative of what Ithacare could expect, a 10% chance of having that over turned . Ithaca would find itself a year down the road , the cost of those fees that the Town asked Ithacare to consider equally participating in , as part of the appeal, and then Ithacare would have had to do the Environmental Impact Statement at that point and time . Attorney Barney - The Town was sued because we did not demand an Environmental Impact Statement at the onset of the whole project . That was not the Town's choice , but it was a choice that Ithacare concurred with 100% 6 Mr. Macera - The Town was sued because the review that was conducted was fraud , not because the decision was not to conduct an Environmental Impact Statement . If the Town deferred those costs , Ithacare incurred approximately $40 , 000 . 00 in costs associated with the process . Ithacare has pa ' a significant fee to provide housing for this community' s elderly residents . Many of them could r afford the housing services to beginning with . Ithacare is just asking the Town to consider going and'F the road to do what Ithacare agreed to do. The Town would in fact benefit from that . The plan showe a loop system that was discussed with the Planning staff and the former Town Supervisor. That it was felt to be, and recommended to be , the best approach . Now , Ithacare is being told , at this point and time , that the plan should not have been discussed or considered and that the benefit that was being provided should just be Ithacare ' s . Supervisor Valentino - The Town will. not be taking any action at this point . Councilman Conley - I do not agree with the Town Board on this issue . I would like to make a motion to schedule and do the loop process now with Ithacare . Councilwoman Harrison - Councilman Conley is making a motion to authorize a capital project to construct an eight inch water main along the west side of the road? Councilman Conley - No , it should be understood that I am opposed to making "no " decision on that issue . I just wanted it to be noted that I disagree with the Town' s idea . Superiisor Valentino - There will be no action at this point about the Ithacare project . Mr. Macera - The project is currently waiting on a map because site plan has changed . In other wor if Ithacare does put in the six or eight inch line , the Town will not participate in installing any kind loop connection at this juncture , Ithacare should reconfigure the water service by building across the TOWN BOARD MINUTES 31 SEPTEMBER 9, 1996 road connecting to the eight inch main on the east side , without any issues associated with the system' s line . Mr. Walker - That is correct . IthacareIs primary service connection point would be the eight inch line on the east side of Danby Road with an eight inch line undemeath Danby Road to a gate valve that Ithacare ' s service line would come off of. Councilman Klein - The loop would be paid for by the Town when the Town's decides to do it . AGENDA ITEM NO . 6 - REPORT OF TOWN OFFICIALS . a. Town Engineer - See attached . Mr . Walker - The Corp of Engineers will be cleaning out the inlet , consistency of approximately 100, 000 yards of material that would be the Town of Danby' s top soil . The Town was informed in May of an Environmental Impact Statement the Corp was reviewing for a rehabilitation project at the inlet . This would consist of removing the sediment from the channel , and then armoring the banks with rock rip rap . The pipes that are overhanging and falling into the channel have moved a few feet since they were originally built . The Town is a partner with the Corp and the State DEC in maintaining a portion of that flood control channel . The Town assists and maintain the Coy Glen drop structure at the upper end of the channel in the Town . The Town also has the keys to the control stop log in case the water gets so high that it has to be kept from going down the railroad tracks . Councilwoman Grigorov - Coy Glen is the southern end of this project? Mr. Walker - Yes. The project would extend from the State Street Bridge to Coy Glen . The DEC has the responsibility to provide the soil sites for the project . Henry Carroll , DEC Representative , has been looking for sites . The State Park has indicated interest in the material for rebuilding the play fields at the Buttermilk Falls State Park . They also want to improve a play field area in the Treman Park along FJrfield Falls Road where they improved their entrance last year . Between the two sites , it would be approximately 30 , 000 yards of the material needed . Councilwoman Harrison - How clean is the material? Mr. Walker - The material is very clean , as the Corps original samples show it was 50 % sand and the remainder is silt and clay . A contractor who is working on the inlet bridge project stated that the sediment layers on the top were saturated when they came out of the channel , but they stabilized fairly . rapidly . He also felt that this was fairly good top soil material , especially if an organic material was mixed with it . Counciwoman Harrison - Do you think there are sites in the Town that would be suitable for some of this material ? TOWN BOARD MINUTES 32 SEPTEMBER 9 , 1996 Mr. Walker - I am just reporting to the Town Board that they are looking for sites . Those two. sites are within the Town of Ithaca in the State Park . If the State Park provides a plan for grading , they would be looked at by Public Works because of our earth fill excavation requirements . Councilwoman Harrison - Is the Town looking into any park sites that the material could be used for? Mr. Noteboom - The Town could probably utilize some of the material , but 100 , 000 is a significant amount . Mr. Walker - There would need to be a large enough area to have it drain . It would be possible the Town could work with the State Park if they took a little extra material , the Town might haul some of it away . Councilman Wolff - How many loads for 5 , 000 yards of material? Mr. Walker - It would be 500 dump truck loads . Councilman Klein - How many yards could be on a truck load? Mr . Walker - Approximately 10 yards a truck load . There is a site permit on Five Mile Drive for disposal area for material from the " Octopus " that has not been utilized to the maximum amount . The Cliff Street site is taking a lot of that material . The fill permit could be increased if they reapply to the Planning Board and Zoning Board of Appeals for a modification . The contractor that controls the site is looking at the potential to use a portion of that . It is close to the site and it might have access along the railroad grade without going on public roads . The Corp plan is to have $2 . 5 million spent by the end of this year. The State has been pushing it and was told by the Corp that they will have sites . The other option would be to haul it to an existing quarry . That would have to be outside the Town of Ithaca's limits where it could have the water removed and stock piled for use in the future . The Corp has done some sampling , and the State will be doing more sampling to make sure there are no toxins involved in the material . So far it shows clean material and the DEC has indicated that they will probably classify this for unrestrictive use . Councilman Conley - This project is actually the City' s problem ? Mr. Walker - Unless they dispose of it in the Town of Ithaca , then it is covered by Section 70 of the Town of Ithaca Zoning Ordinance . The best site for this would be the South West Park area because it is the closest , and because that is where they put most of the material when they originally dug the channel . It is the Corp ' s problem right now because they created a wet land in the South West Park and they can not fill it . The Corp should be putting this out to bid in October. B . Highway Superintendent - See attached . Councilwoman Russell - How is the Chase Lane project going ? TOWN BOARD MINUTES 33 SEPTEMBER 9 , 1996 Mr. Noteboom - It is going well . Supervisor Valentino no I . received a notice in the mail about the new three-color traffic signal on Route 96B and King Road . It will be tumed on September 11 , 1996 , weather conditions permitting . co Director of Planning on See attached . D . Director of Building and Zoning - See attached . Andrew Frost - The July report should have had two permits under the Business Categories instead of the Industrial Category. The report shows we subtracted two permits for business and put them under the industrial permits . E. Town Clerk/Director of Administrative Services - See attached . Supervisor Valentino - The work , time , and effort that Mrs . Noteboom has been putting into the 1997 Budget has been greatly appreciated . All the Department Heads have done a great deal of work, that is also greatly appreciated . AGENDA ITEM NO . 7 on REPORT OF TOWN COMMITTEES. Mr. Kanter - The COC has been covering issues related to the business district , and they will continue those at the next meeting . The COC will then be discussing the multiple residence districts . Councilman Klein on I was sitting on the Elmira Planning Commission , so I was not able to attend the COC meeting . Every time I sit on another Board , I feel that the Town of Ithaca is so far ahead of everyone else . The quality of the people who serve on the Town Board and the way the Town conducts their meeting would be a model for some of the communities . At the Public Works Committee on August 29 , 1996 , we talked about Ithacare . There is an additional agenda item for the Forest Home Drive change order which will be discussed later. This has to do with the down stream bridge, picking up the work along Forest Home Drive to Judd Falls Road as part of the completion of work that was not competed last year with the road and the sidewalk. We discussed a request from someone who wanted a traffic signal on East Shore Drive and Cayuga Street . We felt that would be virtually impossible, but we referred it to the County Director of Public Works . The Committee is going to have a meeting with people about the maintenance on the South Hill Trail . Some people have expressed concerns about the motorized equipment and the amount of cutting that gets done on the Trail. I have been in touch with Assistant Town Planner George Frantz and Rich Schoch and we have agreed to get everyone together to discuss the matter. Mr . Schoch produced a document about the policy of the maintenance of the trail , which really was not established . I think the Committee should investigate this more and bring it back to the Town Board to establish the proper policy for appropriate maintenance . Councilwoman Harrison - The Transportation Committee needs to set up a meeting for the master TOWN BOARD MINUTES 34 SEPTEMBER 9, 1996 plan of the Plantations . The Plantations , have hired a consultant who will be meeting with variou groups . Jonathan Kanter and I have been invited to go to some of the meetings . This would be an opportunity for us to lay out some of the transportation plan in regards to the Caldwell Road and Judd Falls Road area . Councilwoman Russell - The Recreation Partnership met shortly after the Town Board met last time . The plot information letter went out before we had time to consider it for the resolution . It had some information regarding the numbers of participation versus municipal subsidies , but it did not have the additional sheet that we felt was important . I asked them at the meeting to make sure the additional sheet was forwarded to the participating municipalities . At this point , the Partnership is waiting to hear back from the other municipalities as to what their participation will be for this coming year. Did each of the Town Board members get a copy of the Partnership Pilot Program report? The Town Board was in agreement that they did not receive a copy of the Partnership Pilot Program report . Councilwoman Harrison - What happened with requesting continued funding from the County? Councilwoman Russell - The Town Board did not feel comfortable about doing that until we heard fro the other municipalities . That is what we are waiting for now . Supervisor Valentino - I am going to be a speaker at the Municipal Officers Association meeting ne week to give a presentation about the Partnership to the other municipalities . I will say that it is important for the municipalities to look at the numbers that are presented to determine on their own what they think is fair and what they can contribute towards the Partnership . The Partnership representatives need to look at that more closely . I think if the other members feel they want to continue that Partnership they need to present a united front to the County to request the continued support . The County distributes money for other intermunicipal cooperation projects like this to , Cornell E)dension and other places who have fewer members than the Recreation Partnership . There is already a history for them to contribute funds like this . It would not be a totally new concept for the County . Councilwoman Russell - The Town of Groton indicated they want to increase their contribution to $500 . 00 from $250 . 00 . The Partnership agreed to that amount . Supervisor Valentino - The City has pulled all of their capital costs out of the budget . The Partnership will not be sharing in any of the capital costs for Cass Park or the City' s other buildings . The City has added in all the revenues that they received from softball leagues and from all of the other places . If the Town Board looks at the City' s contribution to the project , it gives additional information to evaluate where the Town stands . That was a giant step for the City that we have not seen in the past . Councilman Wolff - I have provided a memo regarding the ADP Committee . There is a report that t Committee has been writing with the intention of having a draft ready for the ongoing current budget TOWN BOARD MINUTES 35 SEPTEMBER 9 , 1996 deliberations . There is no authority , and it would be helpful to have some . I thought perhaps it might be a good idea to pass this resolution which includes the by-laws at the next Town Board meeting after everyone has had a chance to look it over and ask any questions about it . I see it strictly as an administrative matter . Supervisor Valentino - That will be added to the October, Town Board Meeting . Councilman Wolff - The Tompkins County Cable Commission and Franchise Negotiation Sub- Committee is going to be entering a form of negotiations with Time-Warner Cable . The Town is interested in the strength , and numbers as this goes on . Supervisor Valentino - Have you been able to talk to Hugh Kent about the model franchise ? Councilman Wolff - No . Supervisor Valentino - I do not want to commit the Town to those negotiations until our Attorneys have looked at that franchise. The Town needs to make sure that we are comfortable with that model before the Town commits to anything . Councilman Wofff - There are some provisions in that model franchise agreement that gives the Town options . The party most interested in answering the negotiations is Time-Warner Cable , who wants to see something happen . Supervisor Valentino - The letter that the Town received from the State Commission indicates they are pushing the Town into that agreement . Councilman Wolff - The Town would not be loosing anything by not committing to the agreement . The Town should not be in a hurry . Supervisor Valentino - Yes , and that is the position I felt and agreed upon with Hugh Kent . The Town was not in a position where there was any real advantage for the Town to push for a franchise . If the State put a lot of pressure on the Town , then that might become a different situation . Hugh Kent has done most of the work on it , and he should review that franchise and make some recommendations to the Town Board . Councilman Wolff - If Time-Warner Cable is willing to consider these provisions as part of the franchise agreement , an indication of how anxious they are to sign the agreement . The model was drawn up by the Cable Committee with help from the State Public Service Commission . There have been various comments from municipalities that made sense , such as the use of that document itself. AGENDA ITEM NO. 8 - REPORT OF THE TOMPKINS COUNTY BOARD OF REPRESENTATIVES . Councilwoman Russell - Dooley Keifer had to leave earlier , but that she wanted to remind the Town r TOWN BOARD MINUTES 36 SEPTEMBER 9 , 1996 Board that there was a County Budget Forum meeting on Wednesday , September 11 , 1996 , at the Boynton Middle School . Supervisor Valentino - I have received a packet for that meeting . AGENDA ITEM NO. 9 - REPORT OF THE FIRE COMMISSIONER . There was a letter from the Fire Commissioner in regards to the review of the fire department . A copy was in each Board Member' s packet . There being no one present to speak, this segment of the meeting was closed . The Town Board had a discussion on the closing of the West Hill Fire Station during the day, and the fact that two fire engines have had their fire engine numbers changed . AGENDA ITEM NO . 11 - REVIEW OF CORRESPONDENCE. Councilman Klein - The Karlton Hester letter, is this the same person who' s attorney wrote to the Town Board? Supervisor Valentino - Yes . Mrs. Noteboom - When Mr. Hester closed on the purchase of his house his attorney did not do a ta- search to see if there was any outstanding bills on the property. Councilman Klein - After reading the letter several times , I came to the conclusion that the attorney made the mistake . Mrs . Noteboom - Yes , he did . Mr . Hester is a victim in this situation . Councilman Klein - Mr . Hester should go after the attorney . Has the attorney accepted an estimated payment instead of the actual reading ? The tenants paid estimated bills , and at the closing he asked for rent bills . Mrs . Noteboom - They should have read the meters before the final closing before the new people moved in . It was not just the reading at the closing , there were plumbing problems Mr . Hester did not realize were there when he brought the property . When the realtors were showing the house they accidentally left things on . Mr . Hester fixed the pipes when he moved in , and he wants to know why he is responsible for these bills . Councilman Klein - It is clearly the attorney' s fault for not seeing that the bill was not paid at the closing ? Attorney Barney - Yes . 61 SupenrisorValentino - I wrote a letter to Mr . Hester and suggested that he should be discussing this TOWN BOARD MINUTES 37 SEPTEMBER 9 , 1996 with his attorney . Mrs. Noteboom - Mr. Hester came in on September 1 , to pay the bill minus the interest and penalties . Supervisor Valentino felt the Town should forgive the interest and the penalties because it was such large bill . Mr. Hester asked what the water surcharge was . Mr. Walker - The billing that Mr . Hester received was not correct . The amounts were correct , but the way it was labeled was not . Approximately three years ago there were four components on the bill , the water, the water surcharge , the sewer , and the sewer surcharge . The water was Bolton Point's portion of the bill . The water surcharge was the Town ' s portion . Now it is rolled into one , so people only see water and sewer. The Town' s billing system generates a report that still lists a water surcharge even though it is the Town ' s component . Supervisor Valentino - I have left a phone message with Mr . Hester to ask him if he wants to bring this case before the Town Board . He should ask the Board to discuss the matter further . AGENDA ITEM NO. 12 - CONSIDER APPROVAL OF 1997 CONTRACTS WITH THE TOMPKINS COUNTY SPCA FOR DOG AND CAT CONTROL SERVICES . RESOLUTION NO. 142: McUbn made by Councilman Klein, seconded by Councilman Wolff that 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 to execute the said agreement with the Tompkins County SPCA upon the review and approval of the said agreement by the Attomey for the Town. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously . RESOLUTION NO. 143: Motion made by Councilman Conley, seconded by Councilwoman Grigorvvthat 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 to execute the said agreement with the Tompkins County SPCA upon the review and approval of the said agreement by the Attorney for the Town . A vote on the resolution resulted as follows : TOWN BOARD MINUTES 38 SEPTEMBER 9 , 1996 Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison, aye ; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously . AGENDA ITEM NO . 13 - CONSIDER EASEMENT WITH CORNELL UNIVERSITY RELATED TO THE FOREST HOME WALKWAY. Attorney Barney - After discussions with Cornell University, they have decided to sell us the property instead of giving us the property . I talked to Tom , and he stated that he is recommending this with Comell. Fred Rogers has been away and Tom has not been able to get Mr . Rogers to sign off on it . Tom will be presenting it to Mr . Rogers . If he agrees the Town would get the deed to eliminate all questions . AGENDA ITEM NO . 15 - CONSIDER APPROVAL OF CUSTODIAL WORK WITH M&T BANK. A tomey Barney - I talked to Mr . Cahill , and he said instead of using a custodial agreement they will give us a bond. That would be better for the Town . The custodial agreement is set up to collateralize the Town' s money daily based on the money that is there . The Town would have to check daily on what the balance is, against what the Town' s collateral is . Most agreements provide that you give them a 12 month estimate of what the balances will be each month , and then they would collateralize it fol each month at the highest amount the Town would have on deposit for that month . Mrs . Noteboom - Does M &T base it on the highest month of the year, or each month? Attorney Barney - It is based on the month , but it is an advanced estimate . Supervisor Valentino - When would the Town Board see the bond agreement? Attomey Barney - I have just received it , and now I need to review it . Supervisor Valentino - I would like to reinvest some of the Town' s money into M &T Bank. I have looked into their community record because we would not want to do business with an out of town bank that was not providing services and giving mortgages locally . Since M &T Bank first came here their record has been fairly good and it has been improving on that issue . I think investments with them deserves some consideration . The interest rates for the checking would be better from M &T Bank . The intention is that the Tompkins County Trust Company will continue to get the bulk of the Town' s investment money . RESOLUTION NO. 145: Motion made by Councilwoman Grigorov, seconded by Councilman Conley that the Town Board of the Town of Ithaca does hereby authorize and direct the Fiscal Office- to invest up to $500, 000 . 00 with the Manufacturers & Traders Trust Company upon the approval the appropriate collateral agreements or bonds by the Attorney for the Town, and be it further TOWN BOARD MINUTES 39 SEPTEMBER 9, 1996 RESOLVED, that the Fiscal Officer is hereby authorized and directed to execute such agreements, certificates, bond guarantees, . or other instruments as may be necessary or appropriate in her judgement to meet all legal requirements for making and maintaining such investments. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman LHanison, aye ; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. Supervisor Valentino will have a report on the investment agreement and community involvement of M &T Bank at the October Town Board meeting to keep each Board Member informed . AGENDA ITEM NO . 16 - CONSIDER ACCEPTANCE AND AWARD OF BID FOR NEW LEAF MACHINE (VACUUM) . RESOLUTION NO. 146: Motion made by Councilman Klein, seconded by Councilwoman Harrison that on recommendation of the Highway Superintendent, the Town Board of the Town of Ithaca does hereby accept the bid for a Leaf Machine from Roberts Equipment, and be it further RESOLVED, that the Town Highway Department is hereby authorized to purchase the said Leaf Machine from Roberts Equipment for the bid amount of $ 10, 973 . 00. Funds to purchase the said Leaf Machine shall be expended from account D85130 . 200, and be it further RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize and direct that the following budget amendment be made to the Highway Fund, Machinery account in order to pay for the said Leaf Machine ( Vacuum) . From : DB5112 . 100 Permanent Improvements - Personal Services $63400. 00 To : DB5130 . 200 Machinery - Equipment $63400. 00 A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Ghgorov , aye ; Councilman Klein , aye ; Councilwoman Harrison, aye ; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously . AGENDA ITEM N0. 17 - SET PUBLIC HEARING DATE TO CONSIDER ESTABLISHMENT OF THE CHASE LANE LIGHTING DISTRICT , RESOLUTION NO. 147: Motion made by Councilman Klein, seconded by Councilwoman Harrison that I is ORDERED, that the Town Board of the Town of Ithaca shall meet at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 3rd day of October, 1996 at 6 :00 o 'clock p . m , for the TOWN BOARD MINUTES 40 SEPTEMBER 9 , 1996 purpose of conducting a public hearing on the proposal to establish said lighting district with the improvements specked above, at which time and place all persons interested in the subject thereof may be heard concerning the same; and it is further ORDERED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a certified copy of this order in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of the same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten nor more than twenty days before the day designated above for the public hearing. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison, aye ; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously. AGENDA ITEM NO . 18 - SUBMISSION OF ITEMS FOR NEWSLETTER . Town Clerk, Joan Noteboom asked the Town Board to submit any items for the Newsletter to her. The items should be submitted by September 20 , 1996 , AGENDA ITEM We 19 - CONSENT ITEMS : CONSIDER RESOLUTIONS APPROVING AND/OR AUTHORIZING THE FOLLOWING . RESOLUTION NO. 148(a) - 1480% 148(1) - 14S of Motion made by Councilman Wolff, seconded by Councihhuman Grigorov that the Town Board of the Town of Ithaca does hereby approve and/or adopt the Consent Agenda Item Resolutions No. 19 (a) through 19 (j), and 19 (1) through 19 (o) as presented and/or amended. Consent Agenda Item No . 19 (k) is removed from consideration. A vote on the resolution resulted as follows : Supervisor Valentino , aye : Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Hanson, aye ; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motion carried unanimously . ( NOTE : The individual resolutions for the consent items are hereto attached . ) ADDITIONAL AGENDA ITEM NO . 2 - CONSIDER CHANGE ORDER FOR FOREST HOME DRIVE BRIDGE PROJECT , Mr. Noteboom - The Town was to work on the section of road between the bridge and where work wa done last year on Forest Home Drive , The Highway Department had it as part of their work plan an budgeted for it . The estimate was over $ 20 , 000 . 00 . The Highway Department had discussed the TOWN BOARD MINUTES 41 SEPTEMBER 9, 1996 work plan and brought the issue to the Town Board . The Highway Department made a conscientious decision not to make it part of the County contract , but to have it as a change order to the County contract , that was not done when the contract was put out for bid . Supervisor Valentino - Do we have a change order? Mr. Noteboom - The Town does not have anything written because I do not believe this Board does not have to approve the change order , the County Board will . Councilman Klein an At some point , the Town Board needs to look at a dollar amount of what this will cost . Mr. Noteboom - I have not received a final amount yet . An initial estimate was $28 , 740 . 00 . 1 have not received a number back from the contractor. Councilman Klein - A mall section of road on Forest Home Drive between the downstream bridge and Judd Falls Road was not finished last year because of the wait on the construction of the bridge . Those improvements are the Town ' s responsibility , and it made sense to have the bridge contractor finish that piece of paving . The only legal way to do this was to make a change order to the County's contract because the County has the contract with the contractor . The Town would be reimbursing the County for some of the work anyway , and this would first increase the reimbursement to the County. Otherwise, since it is over $ 25 , 000 . 00 `the Town would have to create a separate project and bid . Attorney Barney - The Town needs to authorize an expenditure of an additional $28 , 740 . 00 . Mr. Noteboom - The Highway Department had this as part of the work plan , and this was part of the agreement of the expenditure of Highway Funds . Attorney Barney - The Board needs to authorize the expenditure through a reimbursement to the County for the work they are doing . Mr . Walker - The Town had an original agreement with the County to spend a certain amount of money . Attorney Barney - Correct , and the Town Board would also want to authorize the Town Supervisor to amend that agreement to pay an additional $ 28 , 740 . 00 for the purpose of the additional road work on Forest Home Drive . Councilman Klein - Does the Town Board want to do that now? Attorney Barney - The Town could do it now or wait until October when we have the correct number. r - i TOWN BOARD MINUTES 42 SEPTEMBER 9 , 1996 Councilwoman Harrison - What is the amount not to exceed? Mr. Noteboom - The amount should not exceed $30 , 000 . 00 . RESOLUTION NO. 149: Motion made by Councilman Klein, seconded by Councilwoman Harrison that the Town Supervisor is hereby authorized and directed to enter into an agreement with Tompkins County for the execution of a change order for the reconstruction of the downstream Forest Home Bndge to include the work on the portion of Forest Home Drive that is connected to the approach of the Forest Home Bridge, and be it furfher RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, on behalf of the Town, to reimburse Tompkins County for the additional costs of such change order for the said reconstruction of the portion of Forest Home Drive that is connected to the approach of the Forest Home Bridge. Said reimbursement shall not exceed S30, 000. 00, and shall be expended from Higtroiay Fund account DB5112. 453 and D85112. 455. A vote on the resolution resulted as follows : Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison, aye ; Councilman Conley , aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Motior carried unanimously. ADDITIONAL AGENDA ITEM NO . 3 - BINGO - THE GAiMES OF CHANCE. Supervisor Valentino - In previous discussions , Veteran Firemen requested that they be allowed to conduct Bell Jars and games of chance along with Bingo . The Town Board decided that we were not really interested in expanding to additional games . Allowing games of chance would also open it to raffles . It puts the Town Clerk in a position of monitoring or policing these activities throughout the Town , and the Town has certain liabilities to make sure the Town does their job correctly. Councilman Conley - The Town would make 2 . 5% of the fees that are made . Attorney Barney - Yes , and another percent is passed onto the State . Councilman Klein - Does the Town have expenses for this ? Attorney Barney - Yes . Councilwoman Harrison - How big is the liability , and what could happen ? Attorney Barney - I am not as concerned with the liability , as I am with the issue of the responsibili of monitoring the games , which the statue lays out for what could happen . There is a maximu amount that they could have on each raffle , and there are a maximum number of raffles or bell jars that r . TOWN BOARD MINUTES 43 SEPTEMBER 9, 1996 they could do for a year . Enforcement is necessary to make sure people are complying with the law, that rests upon the Town Clerk, Councilwoman Harrison - When the Town gives people permission , we send them a copy of the regulations and rules of how to run the games . Attorney Barney - They would need to file reports with the Town , and the Town needs to determine whether it complies with the law or not , and it should be regulated at the State level . Councilman Klein - Does the Town need to send someone when these events occur? Mrs . Noteboom - The Town should do periodic inspections to make sure everything is In order. Councilman Klein - Do we need to count the money? Mrs . Noteboom - We would need to make sure the games are conducted according to the law. Councilman Klein - Who will do this ? Mrs . Noteboom - It would be my responsibility . Supervisor Valentino - When the Town passes the law , the Town would need to police everyone that starts doing it . The Town Board passed the bingo , which was fairly simple for groups in the Town of Ithaca . At this point , the Town should assume that bingo is enough for the community, and not get involved in the other aspects . The Town does not have a police force like some other entities . The police could go out and do some of these things . Councilman Klein - How does the Town investigate these people ? Mrs . Noteboom - The Town fills out forms that are sent to the Sheriffs Department . The Sheriffs Department does an investigation on all the people that are listed . This would need to be done with anyone wanting to have a raffle or game of chance . It is not just one entity , everybody holding a raffle in any part of the Town of Ithaca must be investigated and have the proper forms . Councilman Conley - Right now , the Elk' s Club and the Moose Club are both relocating out of Ithaca . I would need to tell them that they should not settle in the Town of Ithaca because the Town of Ithaca does not want the games of chance . That is how they make their money. The Eagle' s make $2 , 000 . 00 a month on bell jars . The City of Ithaca gets 2 . 5 % of that . Attorney Barney - How many other municipalities authorize gambling at all? Councilman Conley - I do not know if the County does or not . I have never been in any type of service club that does not have it . The bell jar is like a slot match , tickets with numbers on them to try and win TOWN BOARD MINUTES 44 SEPTEMBER 9, 1996 money. Mrs . Noteboom - If this were to be passed , is there any special legislation that needs to take place? Attorney Barney - No , but it would need to be subject to a mandatory referendum . Councilman Klein - This would need to wait until next year. If the firemen came in and made a very compelling argument in terms of their finances , and that they are a worthwhile organization , the Town might support this , but they would need to come in to make a good case . Attorney Barney - If the Town Board gave them an invitation they would come in . Councilwoman Harrison - Could we find out if any other municipalities in Tompkins County have this , other than the City? Mrs . Noteboom - I will find out at the next Clerk's meeting . Councilwoman Harrison - The Town should let them know that we are not going to consider this for a special election . Councilman Conley - Does the referendum need to be done first? Attorney Barney - Yes . Councilwoman Harrison - Does the City do their inspections as needed? Councilman Conley - My daughter is the City Clerk , and she thinks it is great . It is a substantial figure that the City makes on this , but then again they have all the bingos in the area . Councilwoman Harrison - What does the City do about the inspections ? Councilman Conley - The City used to have a bingo inspector, but they don 't now. The clubs are forced to bring an itemized list and the City has someone check it out . Supervisor Valentino - The Town Clerk will find out the information from the other municipalities . It would not be on the election ballot for this year. After the Town Board receives the information we could ask them to make a presentation . Councilman Wolff - Could we get an accurate picture of the enforcement of these laws in terms of how much work is involved ? There might be a way to do that by seeing what the City does . Mrs . Noteboom - The applications need to be filled out for every occasion of the game of chance . ' TOWN BOARD MINUTES 46 SEPTEMBER 9, 1996 Councilman Conley - Every service club has somebody designated in their club to fill out the reports , and take them to the Clerk' s office . Mrs. Noteboom - If this Board wants to allow this it would be a mandatory referendum . If the people of the Town want it then I will comply with the law to do what needs to be done to make sure they have it. I will do what the law dictates me to do . Just an issue of enforcement , if this Board and the people want it done, then I would do it . The issue is whether or not this Board wants to extend gambling , not only to the Veteran Volunteer Firemen , but also to allow any other agency in the Town of Ithaca to conduct games of chance , bell jars , or whatever. Mr. Frost - The Building and Zoning Department does check those kind of things when checking occupancies . It would not be a big deal to take on that responsibility . Supervisor Valentino - Where does the Town Board stand on the issue of increasing gambling in the Town of Ithaca ? Attorney Barney - There is a lot of paper work that the Town Clerk and the Attorney for the Town needs to go through in order to give somebody permission to have a permit . The Town Board felt that extending gambling through bell jars and games . of chance could be a burden of enforcement and would not necessarily be a benefit . The Town Clerk will provide further information at the next meeting . AGENDA ITEM NO. 20 - EXECUTIVE SESSION. Motion made by Councilwoman Harrison, seconded by Councilwoman Grigorov to move into Executive Session to discuss Personnel and Property Acquisition. Motion carried unanimously. The Board began Executive Session at 9 :50 p . m . Motion made by Councilwoman Harrison, seconded by Councilwoman Grigorov to resume regular session. Motion carried unanimously. The Board resumed regular session at 90: 96 p. m. AGENDA ITEM NO. 21 = ADJOURNMENT. As there was no further business to come before the Town Board a Motion was made by Councilwoman Harrison, seconded by Councilwoman Grigorov to adjourn. Motion carried unanimously. Supervisor Valentino adjourned the meeting at 10 : 18 p . m . Respecvt�fully�fitted , qatv � Joan Lent Noteboom , TOWN BOARD MINUTES 46 SEPTEMBER 9, 1996 Town Clerk/ Director of Administrative Services "Next Regular Meeting on THURSDAY, OCTOBER 3, 1996 @ 5 : 30 p . m . ''*" Minutes Transcribed by Deborah a . Kelley. OF I P _ 9 TOWN OF ITHACA � Zi o4� 126 EAST SENECA STREET, ITHACA , N . Y . 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 5 Citizen Advisory Committee - Cornell University Proposed Incinerator at the New York State College of Veterinary Medicine Resolution No , 141 WHEREAS , Cornell University is proposing to establish a Community Advisory Committee to work with them as they undertake additional review processes related to the planned replacement incinerator for the College of Veterinary Medicine ; and WHEREAS , Cornell University has invited the Town of Ithaca to appoint a Town Board member to serve on the said Community Advisory Committee ; now therefore be it a RESOLVED , the Town Board of the Town of Ithaca will designate a person to join the Community Advisory Committee being formed by Cornell University; and be it further RESOLVED , the Town Supervisor shall draft and send a letter to Cornell University outlining the parameters of the committee' s mission . The draft shall be reviewed and approved by the Town Board prior to its delivery to Cornell University, MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov AMENDMENT. RESOLVED, the Town Board shall appoint a representative to attend the Community Advisory Committee formation meeting and/or meetings to determine committee functions . and organization . The said representative shall report to the Town Board asking for a recommendation as to whether the town should or should not officially participate in the said committee ; and be it further RESOLVED, that the Town of Ithaca shall desist from participating in , recognizing, or sanctioning a Community Advisory Committee if the scope, authority, membership, and purpose of the committee fails to . adequately address the needs and concerns of the community and Town residents to the satisfaction of the Town Board , and be it further TB Mtg . 9/9/96 = Agenda Item No , 5 Resolution No . 141 Page 2 . RESOLVED , the Town Supervisor is hereby authorized and directed to appoint a Town Board member to act as the Town of Ithaca representative to attend the Community Advisory Committee formation meetings ; and be it further RESOLVED, the Town Supervisor is hereby authorized and directed to prepare a draft letter to be sent to Cornell University outlining the Town Board's concerns regarding the parameters of the committee's mission . The said draft letter shall be reviewed and approved by the Town Board prior to its being sent to Cornell University. MOVED : Supervisor Valentino SECONDED : Councilwoman Grigorov Resolution with amendments carried unanimously. Supervisor Valentino , aye; Councilwoman Grigorov, aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED: September 9 , 1996 ozn� 1�kon, U� - Joa Lent Noteboom , Town Clerk OF 12v a TOWN OF ITHACA 1 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No. 12 1997 SPCA Dog Contract Resolution No . 142 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 , 1996 ; and WHEREAS , the Town Board of the Town of Ithaca wishes to continue the 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 in 1997 of $ 17 , 366 , an increase of 2 . 7% from the 1996 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 to execute the said agreement with the Tompkins County SPCA upon the review and approval of the said agreement by the Attorney for the Town . MOVED : Councilman Klein SECONDED : Councilman Wolff Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED: September 9 , 1996 yz r Joan Lent Noteboom , Town Clerk OF I r TOWN OF ITHACA 1 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 12 1997 SPCA Cat Control Contract Resolution No . 143 WHEREAS , the cat 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 , 1996 ; and WHEREAS , the Town Board of the Town of Ithaca wishes to continue the said cat control agreement with the Tompkins County SPCA; and WHEREAS , the proposed agreement has been reviewed by the Town Board the Attorney for the Town and shows a payment amount from the Town of Ithaca to the SPCA in 1997 of $2, 545 . 00 , an increase of 2 . 7% from the 1996 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 to execute the said agreement with the Tompkins County SPCA upon the review and approval of the said agreement by the Attorney for the Town . MOVED : Councilman Conley SECONDED : Councilwoman Grigorov Supervisor Valentino , aye; Councilwoman Grigorov, aye; Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9, 1996 Joan Lent Noteboom , Town Clerk OF 14% TOWN OF ITHACA 2i o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/9/96 Agenda Item No , 14 Reimbursement Sewer Treatment Billings = Collegeview Mobile Home Park Resolution No . 144 WHEREAS , Paul Jacobs , owner of the Collegeview Mobile Home Park has requested that he be reimbursed for the sewer treatment billings for 42 lots not utilizing sewer service within the said mobile home park; and WHEREAS , the Town Board of the Town of Ithaca enacted Local Law No . 1 /1992 , a " LOCAL LAW TO AMEND LOCAL LAW NO . 6 OF THE TOWN OF ITHACA FOR THE YEAR 1987 TO INCREASE FROM 52 TO 65 THE NUMBER OF UNITS PERMITTED IN THE COLLEGEVIEW MOBILE HOME PARK"; and WHEREAS , Local Law No . 1 / 1992 , included a section which allowed , "Sewage treatment billings , may at the option of the Town , be reduced in proportion to the number of unsewered lots for a period of time up to August 1 , 1997" , at the said park; and WHEREAS , the Town Engineer has recommended that the Town Board exercise the option outlined in Local Law No . 1 / 1992 by reimbursing Mr. Jacobs for the said unsewered lots ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby authorize and direct that a reimbursement of the sewage treatment billings for the unsewered lots within the Collegeview Mobile Home Park be made to Mr. Paul Jacobs based upon the adjustment rate as calculated by the Town Engineer; , and be it further RESOLVED , said reimbursement shall be in the amount of $ 10 , 931 . 49 expended from the Sewer Fund account number G2120 = Sewer Rents Town Customers ; and be it further RESOLVED , the Town Board does hereby authorize and direct the Town Engineer to make. the appropriate adjustments to the quarterly billings for the Collegeview Mobile Home Park so that Mr. Jacobs will not be charged the sewage treatment charges on the 42 unsewered lots until August 1 , 1997 ; and be it further TB Mtg . 9/9/96 Agenda Item No . 14 Resolution No . 144 Page 2 . RESOLVED , the Town Engineer is hereby authorized and directed on and after August 1 , 1997 to recalculate the appropriate sewer billings for the said premises in accordance with the regular billing formulas in effect at that time . MOVED : Councilman Conley SECONDED : Councilman Klein Supervisor Valentino , aye; Councilwoman Grigorov, aye; Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley, aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk �1yOFIr TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda item No . 15 Approval to Invest Town Funds With Manufacturers &Traders Trust Company Resolution No . 145 WHEREAS , the Town Supervisor/Fiscal Officer has requested that the Town Board approve the investment of certain funds with the Manufacturers & Traders Trust Company in order that the Town may realize increased interest earnings; and WHEREAS , the Attorney for the Town has recommended that the Fiscal Officer invest the said funds after securing the appropriate collateral agreements or bonds ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby authorize and direct the Fiscal Officer to invest up to $500 , 000 with the Manufacturers & Traders Trust Company upon the approval of the appropriate collateral agreements or bonds by the Attorney for the Town ; and be it further RESOLVED , the Fiscal Officer is hereby authorized and directed to execute such agreements , certificates , bond guarantees , or other instruments as may be necessary or appropriate in her judgement to meet all legal requirements for making and maintaining such investments . MOVED : Councilwoman Grigorov SECONDED : Councilman Conley Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED: September 9 , 1996 Joan Lent Noteboom , Town Clerk �zy OF 1p a TOWN OF ITHACA ,po44- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/9/96 Agenda Item No. 16 Acceptance Bid - Leaf Machine (Vacuum ) Resolution No . 146 WHEREAS , the Town of Ithaca Highway Department received two bids at the bid opening on August 30 , 1996 , on a leaf machine; and WHEREAS , the Highway Superintendent reviewed the bids and would like to accept the lowest bid ; now therefore be it RESOLVED , on the recommendation of the Highway Superintendent , the Town Board of the Town of Ithaca does hereby accept the bid for a Leaf Machine from Roberts Equipment; and be it further RESOLVED , that the Town Highway Department is hereby authorized to purchase the said Leaf Machine from Roberts Equipment for the bid amount of $ 10, 973. 00 . Funds to purchase the said Leaf Machine shall be expended from account DB5130. 200 ; and be it further RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize and direct that the following budget amendment be made to the Highway Fund , Machinery account in order to pay for the said Leaf Machine (Vacuum ) . FROM : DB5112 . 100 Permanent Improvements - Personal Services $6 , 400 . 00 TO : D65130. 200 Machinery = Equipment $6 , 400 . 00 MOVED : Councilman Klein SECONDED : Councilwoman Harrison Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : September 9, 1996 Qo� , P fi� Joan Lent Noteboom , Town Clerk OF 11, F a TOWN OF ITHACA 4 �04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 17 ORDER OF TOWN BOARD OF THE TOWN OF ITHACA SPECIFYING TIME AND PLACE OF PUBLIC HEARING ON ESTABLISHMENT OF CHASE LANE LIGHTING DISTRICT Resolution No . 147 At a meeting of the Town Board of the Town of Ithaca held at the Town Hall , 126 East Seneca Street, Ithaca , New York, on the 9th day of September, 1996 , at 5 : 30 p . m . PRESENT: Town Supervisor Catherine Valentino , Carolyn Grigorov, Deputy Town Supervisor, David Klein , Councilperson , Ed Conley, Councilperson , Ellen Harrison , Councilperson , Mary Russell , Councilperson , and John Wolff, Councilperson . In the matter of the formation of a lighting district for Chase Lane pursuant to Article 12-a of the Town Law of the State of New York. WHEREAS, on January 8 , 1996 , the Town Board of the Town of Ithaca duly adopted a resolution directing the Town Engineer to prepare a map , plan and report for providing the facilities , improvements , or services in a portion of the Town of Ithaca wherein a lighting district was proposed to be established ; and WHEREAS, on April 8 , 1996 , the Town Engineer duly filed said map , plan and report in the Office of the Town Clerk of the Town of Ithaca; and WHEREAS, the boundaries of the proposed lighting district are as set forth on Schedule A annexed hereto ; and WHEREAS, the improvements proposed consist of the installation of approximately 12 street luminaries along Chase Lane and LaGrand Court ; and WHEREAS , the maximum amount proposed to be expended for the improvement is $0 for the construction of said lighting system ; and WHEREAS , it is estimated that the initial annual cost estimate for the operation of said lighting system will be $2687 . 86 per year; and TB Mtg . 9/9/96 - Agenda Item No . 17 Resolution No . 147 Page 2 . WHEREAS, the map , plan and report describing such improvement are on file in the Office of the Town Clerk of the Town of Ithaca for public inspection ; and WHEREAS , the Town Board adopted a resolution following public hearing establishing a Chase Lane Lighting District on May 13 , 1996 ; and WHEREAS, there was concern expressed by some of the residents of the proposed district regarding the configuration , the nature of fixtures to be used and other matters relating to the lighting district ; and WHEREAS, as a result of such questions , the Town Board adopted a resolution on July 15 , 1996 repealing the resolution establishing the Chase Lane Lighting District ; and WHEREAS , the Town Board now wishes to continue the process of establishing the lighting district , NOW, THEREFORE, it is ordered ORDERED , that the Town Board of the Town of Ithaca shall meet at the Town Hall , 126 East Seneca Street , Ithaca , New York, on the 3rd day of October, 1996 at 6 : 00 o' clock p . m . for the purpose of conducting a public hearing on the proposal to establish said lighting district with the improvements specified above , at which time and place all persons interested in the subject thereof may be heard concerning the same ; and it is further ORDERED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a certified copy of this order in the Ithaca Journal published in the City of Ithaca , Ithaca , New York , and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten nor more than twenty days before the day designated above for the public hearing. MOVED : Councilman Klein SECONDED : Councilwoman Harrison Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk TB Mtg . 9/9/96 - Agenda Item No . 17 Resolution No . 147 Page 3 , SCHEDULE A DESCRIPTION OF CHASE LANE LIGHTING DISTRICT ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca , Tompkins County, New York , being more particularly described as follows : COMMENCING at the intersection of the westerly bne of Coddington Road and the southwesterly line of King Road East ; running thence northwesterly along the center line of King Road East a distance of approximately 100 feet to the northwest corner of Town of Ithaca tax parcel No . 45- 1 -52 ; thence southwesterly along the northwesterly line of said tax parcel a distance of 150 feet to the west corner of said tax parcel ; thence northwesterly 100 feet to the west corner of tax parcel 45- 1 -25 ; thence north 73 degrees 24 minutes 14 seconds west a distance of 137 . 41 feet to the southwest corner of tax parcel 45 - 1 -23 ; thence southerly along the west lines of tax parcels 45- 1 -26 through 30 , 45- 1 - 35 through 37 , a total distance of approximately 1 , 212 . 41 feet to the southwest corner of tax parcel 45 - 1 -37 ; thence easterly along the southerly lines of tax parcels Nos . 45 - 1 -37 , 38 and 39 a total distance of approximately 216 . 57 feet to the southeast corner of tax parcel 45 - 1 - 39 ; thence southerly along the west lines of Town of Ithaca tax parcels Nos . 45- 1 -48 , 49 , 50 and 51 a total distance of 431 . 86 feet to the southwest corner of tax parcel 45 - 1 - 51 ; thence north 80 degrees 31 minutes 32 seconds east along the south line of said tax parcel 51 a distance of 167 . 46 feet to a point ; thence northerly on an extended west line of Chase Lane a distance of approximately 52 . 48 feet to a point in the east line of said tax parcel 51 ; thence north 80 degrees 31 minutes 32 seconds east along the southerly line of Chase Lane a distance of approximately 70 feet to the southeast corner of Chase Lane ; thence northerly along the easterly line of Chase Lane a distance of approximately 44 . 33 feet to the southwest corner of tax parcel 45 - 1 -73 ; thence easterly along the southerly lines of tax parcels 45- 1 - 73 , 72 , 71 , and 70 a total distance of 621 . 44 feet to the southeast corner of tax parcel 45- 1 -70 ; thence northerly along the east lines of tax parcels 45- 1 - 70 , 69 , 68 , 67 , 66 , 65 , and 64 , a total distance of approximately . 898 . 34 feet to the northeast corner of tax parcel 45 - 1 -64 ; thence westerly along the northerly lines of tax parcels 45 - 1 -64 and 45- 1 -63 , a distance of approximately 154 feet to the northwest corner of tax parcel No . 45 - 1 - 63 ; thence northwesterly along the northeasterly lines of tax parcels 45 - 1 -62 , 61 , 60 , and 59 a total distance of approximately 300 feet to the northeast corner of tax parcel 45- 1 - 59 ; thence northerly along the east line of tax parcel 45 - 1 - 58 a distance of approximately 57 feet to a northeast corner of said tax parcel 45- 1 - 58 ; thence northwesterly along a southwesterly line of tax parcel 45- 1 -54 a total distance of 100 feet to the southeast corner of tax parcel 45- 1 -53 ; thence northeasterly along the easterly line of tax parcel 53 a distance of approximately 163 feet to the southwesterly line of King Road East ; thence northwesterly along the southwesterly line of said road a distance of approximately 170 feet , crossing over Chase Lane to the point or place of beginning . OF 1p a TOWN OF ITHACA ,p41 �a 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No. 19 Consent Agenda Items 19(a)- 190) , 19 ( 1) - 19 (o) Resolution No . 148 (a)- 1480) , 148 ( 1) = 148(o) BE IT RESOLVED , the Town Board of the Town of Ithaca does hereby approve and/or adopt the Consent Agenda Item Resolutions Nos. 19(a) through 19 (j) , and 19( 1) through 19 (o) as presented and/or amended . Consent Agenda Item No . 19 (k) is removed from consideration . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 Q, loan Lent Noteboom , Town Clerk fly OF 1P F a TOWN OF ITHACA 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 19 (a) Approval Town Board Meeting Minutes Resolution No . 148 (a) WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the special meeting held on July 29 , the regular meeting held on August 12 , and the special meeting held on August 14 , to the Town Board for their review and approval ; and WHEREAS , the .Town Board has reviewed the minutes for the said meetings ; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve and adopt the minutes for the special meeting held on July 29 , 1996 , for the regular meeting held August 12 , 1996 , and for the special meeting held on August 14 , 1996 as the official minutes for the said meetings . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk o o iH U 0 0 0 0 0 (1 7d r rr r rl- r rt z D (D D (D (D(D O O O 01 cn W N F-j tt a n (D y to> � n SCI (A n (n o C) rt oo ti (-1 :j ar-ze w N N W fl � C� (D (D (D rO (D O O G O m w O �r N �1 a (n n 'a (n 0 LQ :j 0 H• (D lD .o .o O A l7 r (n (-r r (n rt a rt a y t1. (7 ( , O O O d O a H rt n a 0 r y rG (D H• n m H• O x r :J F �l r::j �g rq �l a 1'1 .'1 p a r'7- .`J r �� F� �, i-� :J' (,) (7 1-4. H. H- F.,. 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H C H n] y � zy OF 1p TOWN OF ITHACA 2104^� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 19 (b) TOWN OF ITHACA WARRANTS Resolution No . 148 (b) WHEREAS , the warrant with the following numbered listing of vouchers has been presented to the Town Board for approval of payment; and WHEREAS , the 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 . 474 , $ 19 , 764 . 12 ; No . 475 , $500 . 00 ; No . 476 , $20 , 284 . 56; No . 477 , $2 , 463 . 16 ; No . 478 , $4, 011 . 99 ; No . 479-518 , $269374. 02 . General Part Town Vouchers : No . 189 , $ 14 , 401 . 07 ; No . 190 , $ 14 , 401 . 07; No . 191 , $2 , 955 . 65 ; No . 192 , $ 1 ,220 . 66 ; No . 193=219 , $3 , 841 . 75 . Highway Part Town Vouchers : No. 288 , $ 12 , 510 . 12 ; No . 289 , $ 12 , 594. 09 ; No . 290, $2 , 648. 76; No . 291 , $2 , 572 . 74; No . 292-331 , $65 , 306. 70 . Water Fund Vouchers : No . 1111 $ 1 , 190 . 79 ; No . 112 , $ 1 , 305 . 00 ; No . 113 , $ 1 , 145 . 84; No . 114 , $ 100 , 82 ; No . 115 , $70 , 475 . 04 . Sewer Fund Vouchers : No . 128 , $ 1 , 156 . 98; No . 1297 $3 , 195 . 00 ; No . 130 , $ 1 , 283 . 11 ; No . 131 , $ 100. 82 ; No . 132- 141 , $3 , 159 . 03 . Lighting District Vouchers : No . 23=25 , $ 17145 . 04 . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 loan Lent Noteboom , Town Clerk OF 1p _ 9 TOWN OF ITHACA 2104$ 126 EAST SENECA STREET, ITHACA , N . Y . 14850 ql'TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No , 19(c) BOLTON POINT WARRANTS Resolution No . 148 (c) WHEREAS , the warrant with the following numbered listing of vouchers for Bolton Point , Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) has been presented to the Town Board for approval of payment ; and WHEREAS , the 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 . 1286- 1299 , $77 , 759 . 60; $ 1302- 1358 , $ 105 , 933 . 21 . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov, aye; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9, 1996 nt Joan Lent Noteboom , Town Clerk a TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 19 (d) Records Management Disposition Listing Resolution No . 148 (d) 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 State Archive and Records Administration , (SARA) . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk O O 0 H O O O O O O 9✓ n %� rt (D m (D m (D (D rt n N• H h h ( s h h h rt m 0 0 rn cn w N ►-+ h %9 A► M r• m n rn th rt kD a � cn np (n n n '< rrOO <; n �j ,A CA) NNw Q tnn m m m rO m 0 0 s✓ 0 m w O �r 7V4 a (n hra (n lr 04 �:j 0 N• (D kD k.0w (DQD O F ' cn rt H cn �l rr a rt 0. 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.jm w m0) m H0oHU1hL%AfghwwwwrAHHHHwHto db to \ \ \ O N H \ O \ \ \ \ \ \ \ \ \ H \ \ \ \ \ \ \ \ H N N \ \ \ \ > O O \ \ \ H \ HHHHHlJ1NHH \ HHrPHN61HUl \ \ \ NNNN Hcn U] \ N \ H �l H W U7 W w w m w \ \ w \ W \ 00 \ \ O \ Ol \ H m N W W H \ M H H w \ ww \ v \ \ \ \ \ \ \ ww \ w \ w \ ww \ w \ woo \ N \ \ \ OD y UlwUl \ w \ wwwwwwwdlUlwrAwUlwwlr 1w0 w w wwN H H Ul w hP w FP IPA kP m Ul .A Ul Ul w w w w rP W W 0 zW W z H \ 0 (14 H 'rJ H �A qty OF 1P 9 TOWN OF ITHACA �,� �04`b 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No. 19 (e) Water/Sewer Billing Refund Resolution No . 148 (e) WHEREAS , the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC) has determined that a refund in the amount of $356 . 61 is due Stephanie Stewart , 124 Pine Tree Road , Ithaca , New York for an overpayment and adjustment on the water and sewer billing Account #S-892 due to a change in occupancy; now therefore be it RESOLVED , the Town Board does hereby authorize and direct that a refund in the amount of $356 . 61 be made to Stephanie Stewart for the said overpayment and adjustment on the water and sewer billing Account #S-892 . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk OF I.% 9 TOWN OF ITHACA ' 126 EAST SENECA STREET , ITHACA , N . Y . 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 19(f) Appointments: Water/Sewer Special District Assessment Review Committee Resolution No , 148 (f) WHEREAS , the Town Supervisor has determined there is a need to review and evaluate the formulas used to establish the charges for the water and sewer special district assessments; and WHEREAS , the Town Supervisor feels that the most efficient and effective method of completing the tasks associated with the said review and evaluation is by establishing an ad- hoc committee to perform these functions ; now therefore be it RESOLVED , the Town Supervisor hereby appoints the following individuals to serve on the Water/Sewer Special District Assessment Review Committee; and be it further RESOLVED , the charge of the committee is to review and evaluate the formulas used to establish the charges for the water and sewer special district assessments; and be it further RESOLVED , upon completion of the said review and evaluation the Water/Sewer Special District Assessment Review Committee shall provide the Town Board with a written report detailing their findings and recommendations . Water/Sewer Special District Assessment Review Committee: Members - Catherine Valentino , Chair; Mary Russell , Councilwoman ; David Klein , Councilman ; Daniel Walker, Town Engineer; Jonathan Kanter, Town Planner, Betty Poole , Deputy Town Clerk ; Mary Bryant, Senior Typist . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 J an Lent Noteboom , Town Clerk OF I r F 9 TOWN OF ITHACA A,pERTRI, 126 EAST SENECA STREET , ITHACA , N . Y. 14850 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No. 19(g ) Sale of Surplus Items Resolution No . 148 (g) WHEREAS , the Highway Department submitted a resolution at the August 12 , 1996 meeting to sell , at an auction , a 1987 Ford Plow Truck, spreader , plow and wing ; and WHEREAS , the Highway Superintendent feels that a more appropriate truck to part with would be a 1988 Mack Plow Truck, which has cost the Town much more in repairs , etcetera, than the 1987 Ford Plow Truck; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize the sale of the 1988 Mack Plow Truck , with its spreader, plow and wing instead of the 1987 Plow Truck, its spreader, plow and wing . Monies from the sale of the said equipment shall go into account D132665 , Sale of Equipment . MOVED: Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye. Carried unanimously. DATED: September 9, 1996 ( 0, I'+ In, A Joan Lent Noteboom , Town Clerk �1y OFIp _ 9 TOWN OF ITHACA 21 0 A 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 19(h ) Regular Appointment Keyboard Specialist Resolution No. 148 ( h ) WHEREAS , Deborah Kelley has worked for the Town of Ithaca as a Keyboard Specialist since March 18 , 1996 ; and WHEREAS , the Town Clerk/Director of Administrative Services , the Town Planner, and the Building Inspector/Zoning Officer have determined that Mrs . Kelley has completed the required probationary period in a satisfactory manner; and WHEREAS , the said three Department Heads have recommended to the Town Board that Mrs . Kelley be made a regular full-time employee with the Civil Service classification of Keyboard Specialist ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby appoint Deborah Kelley to the position of regular full -time Keyboard Specialist effective immediately. The pay rate for the said position shall be $7 . 90 per hour, and full time benefits apply; and be it further RESOLVED , the Human Resource Specialist is hereby authorized and directed to submit for filing with the Tompkins County Personnel Department the required Civil Service Law documentation related to the said appointment . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 a� Joan Lent Noteboom , Town Clerk OF 1p 9 TOWN OF ITHACA ,�,� �04^� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 TOWN BOARD MEETING 9/9/96 AGENDA ITEM NO . 19 (i) APPROVAL FOR TOWN STAFF AND BOARD MEMBER TO ATTEND NEW YORK PLANNING FEDERATION ANNUAL INSTITUTE/ AMERICAN PLANNING ASSOCIATION UPSTATE CHAPTER CONFERENCE Resolution No , 148 ( i) WHEREAS , there are many new developments impacting the planning field regarding land use , zoning and other regulatory issues , and WHEREAS , the New York Planning Federation ( NYPF) and American Planning Association (APA) Upstate Chapter are holding their Annual Conferences as a combined conference from September 29th through October 2nd , 1996 , at the Hotel Syracuse in Syracuse , New York , and WHEREAS , the joint conference will provide 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 , because of the proximity of the conference , the cost of attendance will be reduced significantly , since overnight accommodations will not be needed , and attendees will travel together in a town vehicle , 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 Jonathan Kanter, Director of Planning , George Frantz, Assistant Town Planner , JoAnn Cornish , Planner, Geri Tierney , Planner, and Candace Cornell , Chair of the Planning Board at the NYPF Annual Institute/APA Upstate Chapter Annual Conference from September 29th through October 2nd , 1996 , at a cost not to exceed $750 . 00 , which includes registration (360 . 00) , meals (330 . 00) , and other expenses , charged to Account 88020 . 403 . TB Mtg . 9/9/96 = Agenda Item No . 19 ( i) Resolution No . 148 (i) Page 2 . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov, aye; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye. Carried unanimously. DATED: September 9, 1996 Joa Lent Noteboom , Town Clerk OF 1p 9 TOWN OF ITHACA �� 04� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 09/09/96 Agenda Item No . 19(j ) Authorization to Attend The New York State Association of Conservation Commissions Conference on the Environment Resolution No . 1480) WHEREAS , attendances 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 Conservation Commissions and the New York State Association of Environmental Management Councils is holding a conference on The Environment on October 18 , 19 , and 20 , 1996 at the Holiday Inn in Fishkill , New York; and WHEREAS , the purpose of this conference is to celebrate 25 years of Environmental Management Councils and Conservation Advisory Councils in New York State and to look at tools to assist New York State in protecting the local environment in the future ; and WHEREAS , it will be beneficial to the Town 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 Phil Zariello , Chairperson of the Conservation Board and Conservation Board members Lois Levitan , Loren Tauer, and Jon Meigs at the New York State Association of Conservation Commissions and the New York State Association of Environmental Management Councils Conference on The Environment on October 18 , 19 , and 20 , 1996 at the Holiday Inn in Fishkill , New York; at a cost not to exceed $925 . 00 which includes registration ($220 . 00) , lodging ($225 . 00) , meals ($360 . 00) and mileage reimbursement ($ 120 . 00) , charged to account 88020 . 407 . TB Mtg . 9/9/96 - Agenda Item No. 190 ) Resolution No . 148 (j) Page 2 . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye; Councilwoman Russell , aye ; Councilman Wolff, aye. Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk fly OF I r 9 TOWN OF ITHACA 21 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � 04 Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/9/96 Agenda Item No . 19 ( 1) Public Hearing Date - 1997 Sewer Rate Schedules Resolution No . 148 (1 ) 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 Thursday, October 3 , 1996 , at 6: 30 p . m . in order that the Town Board may 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 , 1997" . MOVED : Councilman Wolff SECONDED: Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye; - Councilman Klein , aye ; Councilwoman Harrison , aye; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye. Carried unanimously. DATED : September 9 , 1996 � 0.-, 1, ,+ - nt ,,, Joan Lent Noteboom , Town Clerk OF I r� 9 TOWN OF ITHACA �,� �o¢^� 126 EAST SENECA STREET, ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/9/96 Agenda Item No. 19 (m ) Public Hearing Date = 1997 Water Rate Schedules Resolution No. 148( m ) 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 Thursday, October 3 , 1995 , at 6: 45 p . m . , in order that the Town Board may consider a , " LOCAL LAW TO AMEND LOCAL LAW #2 , 1976 , BY ADOPTING A NEW WATER RATE SCHEDULE EFFECTIVE JANUARY 1 , 1997 FOR WATER RATES , CHARGES , AND OTHER FEES CHARGEABLE TO CONSUMERS OF WATER IN THE TOWN OF ITHACA" . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov, aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk OFIp 9 TOWN OF ITHACA ,p� �o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Town Board Meeting 9/9/96 Agenda Item No . 19 (n ) Public Hearing Date = Local Law Regulating Signs Resolution No , 148 (n ) 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 Thursday, October 3 , 1996 at 7 : 00 p . m . , in order that the Town Board may consider a " LOCAL LAW REGULATING SIGNS IN THE TOWN OF ITHACA, NEW YORK AND AMENDING , RESTATING , AND RE- ENACTING TOWN OF ITHACA LOCAL LAW NO , 61198011 , MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley , aye; Councilwoman Russell , aye ; Councilman Wolff, aye. Carried unanimously. DATED: September 9 , 1996 Joan ent Noteboom , Town Clerk fly OF 1P _ 9 TOWN OF ITHACA 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Agenda Item No . 19 (o) Public Hearing Date - Zoning Map Revisions Resolution No . 148 (o) 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 Thursday, October 3 , 1995 , at 7: 15 p . m . , in order that the Town Board may consider revisions to the Town of Ithaca Zoning Map . MOVED : Councilman Wolff SECONDED : Councilwoman Grigorov Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff, aye . Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk OFIT� F TOWN OF ITHACA ,�,� �04�- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting 9/9/96 Additional Agenda Item . No , 2 Change Order Agreement With Tompkins County For Forest Home Drive Bridge Resolution No , 149 WHEREAS , the Town has entered into an arrangement with Tompkins County to share the cost of the Forest Home Bridge and related approaches ; and WHEREAS , the County is considering a change order to complete the work on the southerly end of the bridge further along Forest Home Drive ; and WHEREAS , such work is on the part of the project for which the Town has financial responsibility; now therefore be it RESOLVED , the Town Supervisor is hereby authorized and directed to enter into an agreement with Tompkins County for the execution of a change order for the reconstruction of the downstream Forest Home Bridge to include the work on the portion of Forest Home Drive that is connected to the approach of the Forest Home Bridge ; and be it further RESOLVED , that the Town Board hereby authorizes and directs the Town Supervisor, on behalf of the town , to reimburse Tompkins County "for the additional costs of such change order for the said reconstruction of the portion of Forest Home Drive that is connected to the approach of the Forest Home Bridge . Said reimbursement shall not exceed $30 , 000 . 00 , and shall be expended from Highway Fund account D135112 . 453 and DB5112 . 455 . MOVED: Councilman Klein SECONDED : Councilwoman Harrison Supervisor Valentino , aye ; Councilwoman Grigorov , aye ; Councilman Klein , aye ; Councilwoman Harrison , aye ; Councilman Conley, aye ; Councilwoman Russell , aye ; Councilman Wolff , aye . Carried unanimously. DATED : September 9 , 1996 Joan Lent Noteboom , Town Clerk OF 1 ,% TOWN OF ITHACA 21 o4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 TOWN BOARD MEETING September 9, 1996 5 : 30 p.m . AGENDA 1 . Call to Order. 2 . Pledge of Allegiance 30 5 : 30 p.m. - PRESENTATION : DeWitt Historical Society of Tompkins County. 4 . Consider entering into a contract with the DeWitt Historical Society of Tompkins County to provide services to Town of Ithaca . 58 5 :45 p.m . - Representatives of Cornell University - Proposed Incinerator at New York State College of Veterinary Medicine . 6 . Reports of Town Officials : a. Town Engineer. b. Highway Superintendent. C, Director of Planning . d . Director of Building and Zoning . e . Town Clerk/Director of Administrative Services . 7. Report of Town Committees . 8 . Report of Tompkins County Board of Representatives . 9 . Report of Fire Commissioner, 10 . 6 : 15 p. m . - PERSONS TO BE HEARD . 11 . Review of Correspondence . TB Mtg . 9/9/96 - Agenda Page 2 . 12 . Consider approval of 1997 contracts with the Tompkins County SPCA for dog and cat control services . 13 . Consider easement with Cornell University related to the Forest Home walkway. 14 . Consider reimbursement request from Collegeview Mobile Home Park, Seven Mile Drive for lots not utilizing sewer service . 15 . Consider approval of custodial agreement with M &T Bank. 16 . Consider acceptance and award of, bid for new Leaf Machine (Vacuum ) . 17 . Set public hearing date to consider establishment of the Chase Lane Lighting District. 18 . Submission of items for Newsletter. 19 . Consent Items : Consider resolutions approving and/or authorizing the following : a. Town Board Meeting Minutes - 7/29/96 , 8/ 12/96 , 8/ 14/960 b. TOWN OF ITHACA WARRANTS . c . BOLTON POINT WARRANTS . d . Records Management Disposition Listing . e. Water/Sewer Billing Refund . f. Appointments as Water/Sewer Special District Assessment Review Committee. g . Amendment items to be sold at Tompkins County Auction . h . Regular Appointment - Keyboard Specialist. i. Attendance - American Planning Association New York Planning Federation Joint Conference , Syracuse . j . Attendance - NYSACC Conference, Conservation Board . k. Attendance - Town Justice Seminar. I . Public Hearing Date - 1997 Sewer Rate Schedules . m . Public Hearing Date - 1997 Water Rate Schedules . n . Public Hearing date : "A LOCAL LAW REGULATING SIGNS IN THE TOWN OF ITHACA, NEW YORK AND AMENDING , RESTATING , AND RE- ENACTING TOWN OF ITHACA LOCAL LAW NO . 6 , 1980" . o . Public Hearing Date - Revisions to the Zoning Map . 20 . Consider EXECUTIVE SESSION , 21 . Consider ADJOURNMENT. �1y OF I r _ TOWN OF ITHACA 21 4� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting September 9 , 1996 ADDITIONAL AGENDA ITEMS 1 , Discuss Ithacare water connection . 2 . Consider change order for Forest Home Drive Bridge project. 3 . Bingo - Games of Chance AUG 55 1996 TOWN OF ITHACA Lyman Baker , s views on IFD : S ( RRP ) project as of August 7 , 1996 . For Tows of Ithaca meeting August 14 1996 , WITH THE SHORTAGE OF PERSONNEL , RECRUITING ADEQUATE NUMBERS OF VOLUNTEERS IS NOT A REALISTIC OR ACHIEVABLE GOAL . OSHA RULE : 2 IN - 2 OUT , DEPLOYMENT OF APPARATUS DOES NOT UTILIZE THE APPARATUS AVAILABLE . STATION ( 7 ) HAS OUTLIVED ITS USEFULNESS AS AN IN SERVICE FIRE STATION , MAINTENANCE PROBLEMS , NOT EFFICIENT IN TERMS OF BUNKERS . NOTE : Companies 1 , 2 , and 3 are without their own stations . They are housed at Fire Central . As Volunteer Companies , they function well . Company ( 4 ) share station ( 5 ) . WITH ACCESS ROADWAYS BUILT IN STAITION ( 6 ) AREA , THAT ENGINE COULD BETTER SERVE THE COMMUNITY DAY AND NIGHT . THEREFORE I AGREE WITH BRIAN H . WILBUR , FIRE CHIEF , RECOMMENDATIONS THAT REFLECT THE CURRENT SITUATION . Lyman E . Baker , Chairman , Board of Fire Commissioners Je_ ptember 9 ISO:! 6) Statement of the Forest Hume Improvement. xssoc- i,a. t- ion before the Ithaca- ToTini Board . + Re : Shf.-iuld the. To} zni p ' rt. ici zit- e in the stud Arnell has propos _d � 3u (53o> to investigate the Question of whether to burn plastics in $- new regulated medical inciner:y- tor by accepting membership in the propp = ed Citizens Advisory Council ? Sd +na}1nU% tk-e G> C' o s d } Kr. 'A l Forest Home urges the Toitrn of Ithaca. riot to participatf i% n the t, it- iz ens. Advisory A It mat: be useful for you t. =+ :now in considering t-hiz+ proposal t-hat- the communit- 111 was not in %,. lved in the determination of the scope of the proposed study or in the det- ermin$. t. ion of membership , responsibilities : or authority Of the proposed Citizens Advisory iTe belie'le that this proposal is deficient as a response to the concerns the community has expressed . We ask that the To?sn1 consider our re-,:5. -Sons ;end join us in not p$. r ticip;9. tlnQ In the study 9. .D it has been presented - 1 . rMe = ounci1 ?•?ould riave no deci �: ioii-ffiaitiing authority . t; . +C011struction of a reaula- te_d medical waste incinerator iTZt-h $. $ t9C}. A of 1 '; i' feet would proceed , even thou+ih there has been no clear demonstration of need for this facility . . The outcome of the study will be biased in favor of burning plastics , because once the incinerator is built the economics of burning plastics in it ?:could , we believe , be compelling . In addition , I would like to remind the Town of the following - 1 . Dn July 15 : 1996 , the Tovn of Ithaca passed a resolution re. ,que3ting that the 'State Univer3ity construction Fund rescind its netia. tive declaration on this project , thereby opening the way for an environmental impact statement . This was , we think , a correct stand , given the Town s interest in this project . Were the Board now to -4. 1, , s agree to this much more limited study , that A tit would represent a. signif ica.nt change in the Toilni � s f ormer position . If the Board Tryere to 3ariction the proposed study through participation in the Citizens Advisory Council , it would thereby alsta sanction construction in the Town of a. structure that would be in violation of the Town ' s zronirig ordinance and that would , if employed for the purpose for which it is intended , have the potential for signiticarit. vimpacts on the public health and welfare . Atid h � eJal-� vf Tompkins County ENVIRONMENTAL MANAGEMENT COUNCIL 121 East Court Street Ithaca, New York 14850. Telephone (607) 274-5560 FAX (607) 274-5578 TO : Ithaca Town Board FROM: Ed Cope, Chair, EMC RE : Proposed Ithaca Town resolution declining advisory commitee membership DATE : 9 September 1996 Since I will not be able to stay at tonight ' s Ithaca Town Board meeting until the time when comments from the public are entertained I submit these written comments : I am writing in support of the proposed resolution that the Ithaca Town Board decline participation in a Cornell incinerator advisory committee . The EMC , at its August meeting, heard a similar presentation to the one tonight by Robert Bland . We passed a resolution recommending that Cornell share its decision making process with the public by undertaking an Environmental Impact Statement (EIS) process while delaying any further progress towards building a new incinerator . Cornell ` s unwillingness to delay permitting and open up the process by which alternatives have been considered (which would have gained much support in the community) has led to distrust of their public statements and actions . It begs the question , " How seriously have alternatives been considered? " It is shocking that we are asking this question at such a late stage in the development of a facility that has such controversial and far-reaching implications to quality of life in our community . The Cornell proposal to establish an advisory committee of the concerned public can only be seen as an attempt to validate its project, as long as Cornell refuses to place the project on hold while such overdue deliberations are carried out. It is an affront to this community for Cornell to say that we are going forward with building an incinerator, but here is an advisory committee for public input that will have no effect on the decision to build . The EMC would like to see a process whereby an analysis of all alternatives , including possibilities available now that were not feasible in 1991 , is laid out for public review (An EIS can effectively achieve this . ) . This would unify the community behind Cornell and the alternative chosen , providing the faith and trust so necessary for the County and its largest institution to function smoothly together . � � Rec.vclecl paper CORNELL U N I V B R S I T Y College of Veterinary Medicine Office of the Dean 1 Ithaca, New York 14853-6401 Telephone: 607 253-3771 Facsimile: 607 253-3701 September 9 , 1996 Catherine Valentino Supervisor, Town of Ithaca 126 East Seneca Street Ithaca, NY 14850 Dear Supervisor Valentino, We invite you to designate a person to join our Community Advisory Committee for the College of Veterinary Medicine Incinerator Replacement Project. If you could provide a telephone number and a mailing address for this person, we will schedule an initial meeting, at a time most convenient for all members. At that meeting, we will set up a regular schedule for future meetings. President Rawlings has asked us to co-chair the committee as the principal university officers responsible for the project. We are inviting members from the Town of Ithaca, Tompkins County ]Board of Representatives , Forest Home Improvement Association, and other organizations representing both community users of the facility and concerned citizens. We intend to discuss all aspects of the project with the committee. Please be assured that we take your concerns seriously and it is our intention to be responsive to the advice your representative offers. Sincerely, Franklin M. Loew, D .V.M., Ph.D. Dean, College of Veterinary Medicine Harold D. Craft, Jr. Vice President for Facilities and Campus Services FML/HDC/pj AGENDA ITEM # 5 CORNELL UNIVERSITY NIG 2 300 DAY HALL ITHACA, N. Y. 14853-2801 � oNNN of ITHACA Office of the President August 19 , 1996 Honorable Catherine Valentino Supervisor , Town of Ithaca 126 Cast Seneca Street Ithaca , NY 14850 Dear Supervisor Valentino . Thank you for your letter of August 13 , concerning the University 's proposal to establish a Community Advisory Committee to work with us as we undertake additional review processes related to the planned replacement incinerator for the College of Veterinary Medicine . We will be pleased to have a representative of the University attend the meeting ' of the Town Board scheduled for September 9 , to discuss our plans . In the interim , however, and in the hope of expediting these activities , permit me to comment on the questions that you have posed . The Community Advisory Committee that we envisage would be appointed by and co-chaired by the principal University officers responsible for the project : Dr. Franklin M . Loew , Dean of the College of Veterinary Medicine , and Dr. Harold D . Craft , Jr. , Vice President for Facilities and Campus Services . As indicated in the paper that was distributed to interested parties and the public at the end of July , we hope that the Town of Ithaca and Tompkins County would each suggest a representative for membership on the Advisory Committee . Additional participants would be sought from among interested community organizations , such as the Forest Home Improvement Association and the Tompkins County Veterinary Society , as well as individual local residents. It is our hope. that the Community Advisory Committee will prove to be an effective sounding board for the expression of community concerns and ideas related to the next steps that will occur in this process , as well as a channel of communication for accurate and timely information regarding project developments . Since the generation of advice and feedback via a collaborative interaction with the key University officials is what we desire , the question of Hon . Catherine Valentino Page 2 August 19 , 1996 exact size and composition of the group , as well as its procedures , is less significant . We certainly anticipate that the Committee would have a role in the selection of the cohsultant who will be employed to examine the issues surrounding the possible inclusion of conventional regulated medical waste in the proposed incinerator's waste stream and related matters . It would be my . hope and expectation that the Committee would remain in place throughout the construction and testing phases of the replacement facility . I have no doubt that the members of the Advisory Committee will have ' every opportunity to share their suggestions , reactions , and , where appropriate , criticisms ; that is what we seek , and io do otherwise would be a waste of time for all concerned . However, there should be no misunderstanding that the responsibility for decision - making on the project rests with the University , the State University Construction Fund , and the State Department of Environmental Conservation . 1 will ask Bob Bland , the University ' s senior environmental engineer responsible for the environmentally- related elements of this project , to contact your office and arrange for participation in the Town Board meeting . :. Thank you again for your attention to this matter. Yours sincerely , Hunter R . Rawlings III cc : Harold D . Craft , Jr. Franklin M . Loew Henrik N . Dullea Robert R. Bland Memorandum September 8, 1996 TO : Town Board of Ithaca Department Heads FROM: John P . Wolff SUBJECT: Cornell 's Proposed Incinerator and Proposed Citizen's Advisory Committee Although I am pleased that Cornell will send a representative to discuss their: efforts to deal with the controversy surrounding the proposed regulated medical waste incinerator on the campus of the College . of Veterinary Medicine, I am concerned that this discussion will do little to address the underlying issues at the heart of the matter. The issue before us is not the process of a proposed committee, but how Cornell can adequately manage its waste disposal problem in . a safe, environmentally sound, economical, and efficient manner, whereby incineration is a last resort and not a first option. Mr. Robert Bland, University Environmental Engineer of Cornell's Office of Environmental Compliance, will be addressing the Town Board to invite the Town to join in a proposed Citizen's Advisory Cornmittee (CAC) . I commend his work with Dean Loew thus far to address some of the concerns raised by the community. However, I have studied this proposal and I have concluded that in it's current form, this proposal for a citizens ' committee would not adequately address the concerns of the community, nor would it serve any valuable purpose to the Town of Ithaca. To this effect, I have introduced the attached resolution. This resolution calls on the Town of Ithaca to desist from participating in, acknowledging, or sanctioning any such group, or committee so long as the scope, authority, and purpose of the group remains limited and fails to address the needs of the community. I strongly believe that the notion of a citizen's advisory group has merit and deserves further consideration. However, this particular proposal, in its current form, fails to meet the criteria by which such a.group could be successful in resolving the controversy of incineration as a means of medical waste disposal. I have summarized my misgivings below, and I have included some questions that I believe require further clarification. I urge my colleagues to adopt this resolution. In doing so, the Town. of Ithaca is acknowledging that some form of citizen input should be part of the deliberations regarding the issue, of whether or not to build an incinerator. The Town would also affirm its earlier position that the proposed incinerator should not go forth without an environmental impact statement, without greater assurances that the public health and the environment would not be adversely affected, and only with the certainty that all alternatives to incineration have been thoroughly examined, implemented or exhausted. • An EIS is Still Needed: An advisory committee of any form and � a study of the incineration of regulated medical wastes are not substitutes for an EIS . While Cornell has, expressed an urgency due .to the status of the current pathological waste incinerator as a justification for not pursuing an EIS, there are far too many issues relating to public health, safety, the environment, and public input that warrant greater consideration. • The Proposed CAC is a Rubber Stamp : The CAC would have no official decisionmaking powers, its role would be to merely advise. President Rawlings has affirmed that the no decisionmaking authority would be granted to the committee. This lack of formal decisionmaking authority renders such a committee useless. • The Questions are Wrong : The CAC would research the viability of burning regulated medical waste. This is the wrong question and is much too limited in scope. While the viability of burning any waste is an issue of great importance, an advisory committee of any substance would undertake or play a role in / pursuing the research questions that will help solve Cornell's waste stream problem in a socially responsible, economical, efficient and effective manner. • A Study of the Waste Stream and a Waste Management Plan is Needed : For example, a CAC ought to be conducting, or advising, a study of Cornell's pathological and medical waste stream to determine ways to reduce, reuse and recycle elements of the waste stream. � This ought to culminate in a formal waste management plan. Such a study and plan might facilitate a more responsible solution. • An Examination of Alternatives is Needed: Before a decision to build any sort of incinerator utilizing taxpayer monies is made, there ought to be a thorough examination of alternative means of waste : disposal. Incineration as a means of waste disposal has been discredited. Several municipalities, hospitals, and veterinary colleges have traded in the old technology of incineration for newer, more socially responsible means of waste disposal. These methods, which may be safer and cheaper, ought to be explored. • The Incinerator Would Still be Built: Under the provisions of the current proposal, the incinerator would be built concurrently with the workings of an advisory coinnuttee. What is the point of such a study? The CAC ought to be concerned with whether or not an incinerator is built at all. The proposal to spend $3 million of taxpayers money more than justifies the need for greater public involvement in this question; the potential hazards to public health and the environment demand it • The Role of the CAC is Unclear: A formal CAC should not be convened or organized until these and other issues are settled. • Activities Relating to the Incinerator Should Cease: It is my understanding that Cornell has asked the DEC to not approve the air quality and solid waste permits that are necessary for construction of the -` proposed incinerator to proceed, pending further notification. . I commend this action and would urge Cornell to withdraw the applications of such permits as a further signal of Cornell 's intentions : As you know, a widespread and growing number of Town and surrounding community residents have expressed their concerns that this incinerator, if built and operated, would have an adverse impact on the environment. and the public health. There is also concern that public input has been intentionally minimized throughout this process . It is no surprise that many residents 'have concluded that 'this proposed CAC will result more in good public relations than in any mean.ningful" results: :' I :hope this ` is not the case. Dean Loew stated that this proposal is being offered in good faith. ` I have full confidence in his integrity.` Similarly, I have offered these above criticisms in good faith. I commend Cornell for addressing two small but important concerns,` namely ' that the modeling study be redone utilizing local wind data and that the modeling study utilize assumptions pertaining to an urban rather than rural setting. . This is a small but well received beginning. I hope that the other, larger and more urgent concerns are equally addressed. I urge Cornell to recognize the opportunity to exert real leadership by implementing a safe and socially responsible means of waste disposal and by being a model for other colleges of Veterinary Medicine. f : . Resolution to Urge the Town of Ithaca and its Official Bodies to Desist from Participating in or Sanctioning the Proposed Citizen Advisory Committee and or any Such Group or Committee so long as the Scope, Authority, Membership, and Purpose of the Committee Remains Limited and Fails to Adequately Address the Needs and Concerns of the Community and Residents of the Town of Ithaca Whereas, An advisory conunittee of any form and a study of the incineration of regulated medical f wastes are not substitutes for an EIS and issues relating to public health, safety, the environment, and public input that warrant greater consideration than the scope of the conunittee currently sets forth; Whereas, The proposed CAC would have no official decisionmaking powers beyond its role to advise thus rendering the committee ineffective; Whereas : The research of the study would be limited to the viability of burning regulated medical waste and this is the wrong question and is much too limited in scope and an advisory committee should pursue the research questions that will help solve Cornell's waste stream problem in a socially responsible, economical, efficient and effective manner; Whereas ; A study of the waste stream and a waste management plan is needed to determine ways to reduce, reuse and recycle elements of Cornell's pathological and medical waste stream; Whereas, Several alternatives to incineration are available and may be more safe, environmentally . sound, and cheaper than incineration and examination of alternatives is needed, Whereas, Under the provisions of the current proposal, the incinerator would be built concurrently with the worUigs of an advisory committee and the building of the incinerator undermines the purpose of ' such an advisory committee; and Whereas, . Cornell should withdraw the applications of DEC permits for, air quality and solid waste as a signal of Cornell's intentions . Now Therefore, it is : Resolved that the Town of Ithaca and-its-official-bodic&te desist from participating in, recd ' ' g, or sanctioning ,44roposed Citizen Advisory Committee and or any such group or committe"ew the . scope, authority, membership, and purpose of the committee s4i eda"d .fails to adequately address the needs and concerns of the community and Town residents to the satisfaction of the Town. Board. . es Ived�that aCif � ' Advisory ee shout �n be co en or std u��it\ u tstan g issues are Tsj d o e sat? fact i of the T wn B d. �� Respectfully submitted, /John P . Wol ' September 9, 1996 Town Engineer ' s Report for 9 / 9 / 96 Town Board Meetinct DEVELOPMENT REVIEW Eco - Village Construction activity . has been primarily building related , with minimal site work . Erosion and sediment control facilities are being maintained adequately . Final inspections on the water system is pending and the design engineers certification of the sewer installation has been received . Final sewer field checks by the Town staff on the portion to be dedicated to the Town will be completed this month , with a recommendation to accept the sewer anticipated for October . The main roadway , and secondary access have not been completed to date , and the contractor has indicated that final grading , gravel placement and surface treatment will be done in September . Completion of the road is a condition prior to issuance of Certificates of Occupancy for buildings . ' EARTH FILL PERMITS Five Mile Drive , Immaculate Conception Filling at the site has been minimal in August due to the use ' of other sites by the contractor . Sediment . control fencing is being maintained around the fill area . The contractor has been keeping the road way clean . Ithaca Vol . Vets , Elmira Road Maximum fill quantity allowed has been placed . ' The Contractor ' has been notified and will grade site off and barricade . WATER PROJECTS The Town Engineering staff is continuing to , work ' with the Bolton Point staff to implement the master metering program for - connect-ions to the water transmission main . The Town ' Engineering staff is '_Tassisting . the Bolton Point staff in construction administration . Work- tq. . - -d. a,t-e has primarily consisted of installation of new connections to the ' rnsmission main . Building installation is scheduled for September . The . Town Engineer is 4continuing to work with the City Engineer and SCLIWC member municipal , engineers : on the engineer ng � evaluation to include the entire water infrastructure "for the area . Thi's ' evaluation ' is ' being done in conjunction with the City of ' Ithaca water supply ' study '. A contract to O ' Brien and Gere Engineers , Inc . is being finalized by the ' City of Ithaca . The contract with O ' Brien and Gere to complete the hydraulic model of the Town of Ithaca . distribution system has been signed and work has started . I Town Engineer ' s Report 9 / 9 / 96 SEWER Plans for the replacement of the controls and rebuilding of the pumps for Forest Home pump stations number 1 & 2 are being completed with cost estimates . Replacement of these items may be possible within the current operating budget for 1996 . A plan has been prepared for the installation of a monitoring station on Hanshaw Road which will measure the sewer flow into Cayuga Heights system from approximately 800 of the Town properties served by the Village waste water treatment plant . Installation of this monitoring station is part of the North East Sewer rehabilitation plan which has been requested by the Village of Cayuga Heights . HIGHWAY AND PARKS The Forest Home bridge project has not progressed much past the removal of the existing bridge and trusses . wThe trusses . have been taken to the restoration sub - contractor ' s shop for repair . The new structural . steel has been ordered and the fabrication time is causing some delay . The Contractor has begun to prepare the abutments , but that . work is also proceeding slowly . The Highway Superintendent and Town Engineering staff= have worked twith the contractor on a proposal to make improvements to Forest Home Drive including new curb and gutter sections , , drainage improvements and new pavement . This work is planned as , a change order to the bridge contract . STORMWATER Construction of the Dewitt Pond improvements are nearly complete . The work included excavation of , the , pond to increase storage volume and construction of the new inlet channel with a gabion lining . Remaining -work includes final grading , replacement F . of the fence , and final site restoration . The Town highway . staff' ' has done all the . ;work on the project and has done an excellent job BENEFIT ASSESSMENT Benefit Assessment questions ' , and town wide assessment review is continuing . The county digital tax parcel maps have been provided to the Town by the county assessment office , and development of a database utilizing the GIS is proceeding . Town Engineer ' s Report 9 / 9 / 96 3 CAYUGA INLET REHABILITATION PROJECT BY US ARMY CORPS OF ENGINEERS The Corps of Engineers is planning to repair Cayuga Inlet Flood Control Channel from the State Street Bridge up to the drop structure and fish ladder . Work is proposed to include removal of approximately 100 , 000 CY of sediment , placement of rock rip rap bank protection and removal of gravel from the Coy Glen grade stabilization structures . NYSDEC as the maintenance agency has been asked to provide spoil sites for the project . DEC has received sediment sample data from the ACE and will probably clear the material for unrestricted use based on the quality of the material . DEC is currently investigating several sites in the Town , and the Town Engineer has been working with them to ensure compliance with the earth fill regulations . C : \MEMOS\ERPT9608 . REP Agenda Item 6b HIGHWAY SUPERINTENDENT' S MONTHLY REPORT, AUGUST 1996 Town of Ithaca Town Board Meeting. September 9 . 1996 Dewitt Flood Retention pond is almost completed. The fence still needs to be erected and the site reseeded. We are going to use a mixture of wild flowers and an ecology mix of grass seed. We made several improvements to the flood retention pond while we were there. All the water from that drainage area will now go into the pond. The channel leading into the flood retention pond has been armored to prevent it from eroding. The capacity of the pond has been increased, partly in response to a school request to have standing water in the pond for science classes to study. We did this by digging the pond deeper, widening the circumference, and raising the dike. We made the outflow end 24 " which will have a more controlled flow of water through that drainage area. This work took approximately 439 hours of time in August . We completed the surface treatment of our roads in August . This took 1 , 819 hours of time, of which 58 .75 was over time hours . These hours include other General Repairs projects, such as ditching, work around the Highway/Parks facility, shoulder repairs , etc. We had good weather and all went well , Only one resident called and that was to compliment us on the good job we did. Along with road mowing, we have taken care of some residents complaints about overgrown brush. This took 162 hour of our time. The Highway crews worked 172 hours of time on Permanent . Improvement projects . This includes replacing a head wall on Sand Bank Road. To round out the month, the Highway crews worked 6 hours on water maintenance, 32 hours on sewer maintenance, and 156 hours on machinery maintenance. September Projects 1 , Finish Dewitt Flood Retention Pond 2, Rebuild Chase Lane 31 Underground Drainage on Brandywine Drive . 4, Continue Work on FEMA Projects Agenda Item 6b PARK AND OPEN SPACE MANAGER 'S MONTHLY REPORT, AUGUST 1996 Town of Ithaca Town Board Meeting, September 9 . 1996 14 Park and trail mowing required 95 hours during August . 2 . Park staff support to the Youth Conservation ' Corp . (YCC) pavilion project took 43 hours . 3 . Shrub and trail trimming was continued for a total of 103 hours . 4-. Staining and sealing of Park furniture, signage , fencing, and play structures took 38 hours. 5 . Oil and Stone (Surface Treating) projects in the parks and trails took 93 hours. 6 . Repairs to East Ithaca Recreation Way on both main sections required 65 hours. 7. Routine maintenance tasks, totaling 143 hours, completed our work effort for August . September Parks Projects 19 Finish staining and sealing. 2. Finish shrub and trail trimming. 3 . Seed and mulch Dewitt Storm Water Pond project and restore jogging path. 4. Complete Northview Park drainage improvements. 5 . Screen top soil for stock pile. 6 . Fall lawn restorations. I Agenda Item #6c Planning Director's Report for September 9, 1996 Town Board Meeting DEVELOPMENT REVIEW The following are actions that were considered by the Planning Board. Babcock Subdivision, Culver Road The Planning Board granted Preliminary and Final Subdivision Approval at the August 6, 1996 meeting for the subdivision of 105.9 + /- acres into three lots, for the purpose of donating two of the parcels (32.4 + / - acres) to Cornell University for permanent preservation as a natural area. . . The parcels to be preserved are part of the Coy Glen Critical Environmental 'Area (CEA). Balcolm - Pearson Subdivision, Hanshaw Road The Planning Board granted Preliminary and Final Subdivision Approval . at the August 6, 1996 meeting for the subdivision of 0.41 + /- acres from a 1 . 1 acre+ / - lot for purposes of consolidation with an adjacent lot in an R-15 Residence District. Augustine Subdivision, Rich Road The Planning Board granted Preliminary and Final Subdivision Approval at the August 6, 1996 meeting for the subdivision of a 1 .7 +/ - acre parcel into two lots in an R-15 Residence District. , One parcel .contains an .. existing single family house. The second lot .,contams. an existing garage,' which is proposed - to be converted into a single-family home. Longhouse Cooperative, Elm Street Extension The Planning Board granted Preliminary and Final Site Plan Approval at the August 6, 1996 meeting for two additions totaling 970 +/- square feet onto an existing triplex residence at the existinglonghouse Cooperative. Cornell University Canine Office Building and Pole Barn, Hungerford Hill' . Road The Planning Board granted Preliminary and Final Site Plan Approval for construction of a 1,500 square foot office building and a .2,160 square foot pole barn for equipment storage at the James A. Baker Institute for Animal Health. . Both structures will be single-story, pole buildings with, steel siding° and gable roofs. Valley Korners II Convenience Store, Elmira Road The Planning Board granted Preliminary and Final Site Plan Approval at the August 6, 1996 meeting for minor alterations to an existing building (formerly Bell' s Convenience Store) for reuse as a convenience store, with the future possibility of adding a self-serve gasoline station. Location of the fuel tank, canopy and pump islands will have to go back to the Planning Board for additional approval. Bode - Warden Subdivision, Mecklenburg Road The Planning Board considered a Sketch Plan at the August 6, 1996 meeting for the proposed subdivision of a 15.94 +/ - acre parcel into two lots having inadequate frontage on a public road. The proposal would also involve a land swap with an adjacent parcel to provide a 50 foot wide access corridor. One parcel would contain an existing single-family house. The other would be a new building lot for an additional house. [Note: Due to postponements requested by several applicants and summer vacation schedules, the Planning Board has cancelled the August 20, 1996 and September 3, 1996 meetings.] CURRENT PLANNING DEPARTMENT PROTECTS The following are significant accomplishments or issues that have been dealt with over the past month. County Waterfront Study: The Oversight Committee continues to work on plan preparation with the consultant. One of the recommendations of the study will be for Tompkins County, the City of Ithaca and the Town of Ithaca to conduct a joint Local Waterfront Revitalization Plan (LWRP) as a follow-up to the current waterfront study. An LWRP would enable the Town and City to establish specific goals and guidelines for future land use and development in the Cayuga Lake waterfront area, and would qualify both municipalities for possible federal and state funding under the coastal zone management program' and the Canal Recreationway for waterfront enhancements (such as the lakefront trail proposed in the current waterfront study) . The consultant has provided an estimate for the preparation of an LWRP grant application (under $3,000) . The State Department of State, which administers the LWRP program, will be announcing whether there will be any giant money available for LWRP preparation within a month. At that time, the Town Board can decide whether to ' pursue this . Staff also attended a Scenic Byways Workshop in Seneca Falls on August 26th; which was sponsored by the NYS Scenic Byways Advisory Board ' and the Ithaca-Tompkins County Transportation Council to introduce interested parties to the concept of and the requirements for proposing a Scenic Byway. The County Waterfront Study will recommend pursuing the establishment of a Scenic Byway on Route 34/, 34B and Route 89. Tompkins County Economic Alliance: Director of Planning continues to attend meetings held by the Chair of the Tompkins County Board of Representatives concerning economic issues of countywide interest. Recent discussions have focused on the possibility of establishing an office or expanding functions , of an existing agency to coordinate economic development planning, advocacy and technical support on a countywide basis . Coddington Road Community Center Pavilion: Work on the pavilion has been completed by YCC workers . Some additional site and roof work remains, which will be done by other volunteers. SEOR Reviews for Zoning Board: Several SEQR reviews for the Zoning Board were completed, including special approval for enlargement of a screen porch on a non- conforming single-family house (Louise Furnas at 113 Clover Road) and. special approval for Cornell University to construct an office building and pole barn at the Baker Institute on Hungerford Hill Road. . Codes and Ordinances Committee: Work will continue on Zoning Ordinance revisions at the September 4th meeting, including continuation of review of Business zones and revisiting the question of siting guidelines in Low Density Residential zones. Planning Committee: The Planning Committee, in conjunction with the Conservation Board, has scheduled field trips to Coy Glen (Sept. 11th at 4: 00 p.m.) and Claussen Swamp (Sept. 13th at 4:00 p .m.) . These have been identified by both groups as high priority areas for evaluating as additional Conservation zones. The Planning Committee also conducted a field trip to South Hill to look at areas currently zoned as Business and to see whether there may be additional potential for higher density residential zoning in areas adjacent to Business zones. Personnel Evaluations: Personnel evaluations were completed for all Planning Department staff and submitted to the Personnel office. Park, Recreation and Open Space Plan Update: The Planning Department, in conjunction with the Parks and Open Space Committee of the Conservation Board, has completed a working draft of the Park, Recreation and Open Space Plan Update. The draft Plan includes an inventory of existing park and recreation facilities, a projection of future needs based on anticipated population, recommendations and cost estimates for additional park and recreation facilities, and preliminary observations and general cost estimates for a possible Purchase of Development Rights (PDR) program. The draft will be provided to the Conservation Board, Planning Committee, Public Works Committee, Town Board and Planning Board in the very near future. Filename: lfiles\townbd\ tpre0996mem TOWN OF ITHACA REPORT OF BUILDING PERMITS ISSUED FOR THE MONTH OF AUGUST 1996 YEAR TO DATE TYPE OF PERMIT YEAR # OF PERMITS AMOUNT # AMOUNT SINGLE FAMILY ATTACHED 1996 0 0 0 0 RESIDENCES 1995 0 0 0 0 SINGLE FAMILY DETACHED 1996 1 140,000 4 376,000 RESIDENCES 1995 2 2529083 16 19895,833 1996 0 0 , 17 29494,930 TWO FAMILY RESIDENCES 1995 1 249,000 1 249,000 1996 3 699000 , 13 245,738 RENOVATIONS 1995 1 21000 13 286,495 1996 1 51000 3 , 30,785 CONVERSIONS OF USE 1995 0 0 5 67,364 1996 1 . 46,000 11 349,888 ADDITIONS TO FOOTPRINT 1995 1 191800 9 147,650 1996 0 0 0 0 - MULTIPLE RESIDENCES 1995 0 0 0 0 . 1996 1 Valley Komer 11 conversion 1. , 350 10 358,0021 BUSINESS 1995 4 128,058 11 5720714 1996 0 0 0 0 AGRICULTURAL 1995 0 0 0 0 1996 1 Kolar Machine 20,000 3 385,000 INDUSTRIAL 1995 0 0 0 0 1996 1 IC temporary modular classrooms 235,000 13 81521 ,720 EDUCATIONAL 1995 0 0 6 827,346 MISCELLANEOUS 1 Swimming pool 7,800 1 Greenhouse addition 27,590 1 Wood deck 960 1 Install gas stove 2,244 1996 4 38,550 20 5209724 CONSTRUCTION 1995 8 50,557 47 284,027 TOTAL NUMBER OF 1996 13 ,,553,900 , 941 • 13,282,787 PERMITS ISSUED 1995 17 701 ,498 108 4,330,429 TOTAL FEES 1996 13 1 ,235 94 20,300 RECEIVED 1995 17 1 ,5101 108 91145 Date Prepared: August 1 , 1996 Dani L Holford Building/Zoning Department Secretary """' = previous business figures changed to industrial this month only TOTAL CERTIFICATES OF OCCUPANCY ISSUED THIS MONTH - 18 1. 1421 Slaterville Road - new deck and storage shed. 2. 310 St. Catherine Circle - new single-family dwelling. 3, Palm Road (CU) - telecommunications node room. 4. 221 Eastern Heights Drive - existing two-family dwelling. 5. 230 Pine Tree Road (CU) - six outdoor tennis courts - temporary. 6. Ithaca College - renovations to Terrace #3 . 7. Ithaca College - renovations to Terrace #4. 8. 172 Troy Road - in ground swimming pool. 9. 950 Danby Road - creation of 33,000 square foot tenant space in existing building. . 10. Ithaca College - renovations to Terrace #5. 11 . Ithaca College - renovations to Terrace # 1 . 12. Ithaca College - renovations to Terrace #2. 13. 106 Birchwood Drive South - convert single family to a two family. 14. 156 Whitetail Drive - new single-family dwelling. 15. 205 Bostwick Road - new outside wood deck. 16. 167-2 Calkins Road - complete construction of a single-family home started in 1981 . 17. 129 Whitetail Drive - convert garage to bedroom and build new garage. 18. 614 Elmira Road " convert from office to retail business. TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1996- 94 TOTAL CERTIFICATES OF OCCUPANCY YEAR TO DATE, 1995 - 100 INQUHtIESICOMPLAINTS INVESTIGATED THIS MONTH - 3 1 . Ithaca College - building code - abated 2. 401 Sheffield Road - building code - pending. 3. 111 Tudor Road - occupancy - pending. 4. 221 DuBois Road - property maintenance - pending From July 1996: 1 . 180 Catkins Road - zoning violation - abated. From June 1996: 1 . 104 Pinewood Place - property maintenance - abated from April 19961 1 , Elmira Road - 611 permit - pending. 2. 123 Honness Lane - zoning/occupancy - abated. From March 1996_ 1 . 658 Five Mile Drive - building codelzoning - pending• From February 1996: 1 , 172 Calkins Road - property maintenance - abated. From May 1995: L 1152 Danby Road - zoning and building code - pending legal action. From March1924; 1 . 132 Forest Home Drive - building code - pending state hearing on 9/19/96. - 3 - From February 1993 : 1 . 155 Poole Road - ZBA conditions violated - pending. TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE, 1996 - 52 TOTAL COMPLAINTS INVESTIGATED YEAR TO DATE 1995 - 55 TOTAL FIELD VISITS THIS MONTH - 98 Uniform Building Code - 82 Local Law and Zoning inspections - 14 Fire Safety - 0 Fire Safety Reinspections - 1 (Lakesike Nursing Home) r ' Fire Occurrences - I (IC dormtkitchen stove) ; • Fire Occurrence Reinspections - 0 TOTAL FIELD VISITS YEAR TO DATE, 1996 - 739 'TO'T'AL FIELD VISITS YEAR TO DATE, 1995 - 644 TOTAL SIGN PERMITS THIS MONTH - 0 TOTAL SIGN PERMITS YEAR TO DATE, 1996 - 3 TOTAL SIGN PERMITS YEAR TO DATE 1995 - 8 ZONING BOARD OF APP 1 MEETING - 5 CASES - AGENDA ATTACHED • •i .iii" . • x . . �..S:i % : ` w 3., d4` • TOWN OF ITHACA ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARINGS WEDNESDAY , AUGUST 14 , 1996 7 : 00 P . M . J By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Zoning Board of Appeals , of the Town of Ithaca on Wednesday , August 14 , 1996 , in Town Hall , 126 East Seneca Street , ( FIRST Floor , REAR Entrance , WEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matters : Q APPEAL of John Augustine , Jr . , Appellant , requesting a variance from Article IV , Section 16 of the Town of Ithaca Zoning Ordinance , to be permitted to create a building lot by subdivision , with a minimum width at the street line of 30 . 8 feet ( 60 feet o required ) and a minimum width at the maximum front yard setback of 30 feet ( 100 feet required ) , at 109 Rich Road , on a portion of Town of Ithaca Tax Parcel No . 50- 1- 5 . 4 , d Residence District R- 15 , G APPEAL of St . Catherine of Siena Church , Appellant , Reverend Ronald Gaesser , Agent , requesting a variance from Article IV , Section 14 of the Town of Ithaca Zoning o Ordinance , to be permitted to construct a wood deck with a setback from the west side ffi� lot line of 10 + feet ( 15 foot setback required ) , at 310 St . Catherine Circle , . on , a portion of Town of Ithaca Tax Parcel No . 71- 1- 10 , Residence District R- 15 . d - a APPEAL of Barry and Glenda Long , Appellants , requesting a variance from Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a wood r deck with a rear yard setback of 20 + feet from the lot line ( 30 foot setback a required ) , at 197 Tareyton Drive , Town of Ithaca Tax Parcel No . 70- 11- 51 . 121 , Residence d District R- 15 . Q APPEAL of Louise Furnas , Appellant , requesting authorization from the Zoning Board of P Appeals under Article XII , Section 54 of the Town of Ithaca Zoning Ordinance , to '- enlarge a non-conforming building , at 113 Clover Lane , Town of Ithaca Tax Parcel No . L 59- 2- 12 , Residence District R- 15 . The enlargement will consist of a screen porch at the rear of an existing single- family home , with said home having a 9 . 4 foot building c� setback ( 15 foot setback required ) from the north side lot line . C APPEAL of Cornell University, Appellant , William Gaffney, Agent , requesting a special P approval under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct a 30 x 50 foot office building and a 30 x 72 foot pole barn to P ' be utilized in conjunction with the College - of Veterinary. Medicine , at the Baker U Institute on Hungerford Hill Road , off of Snyder Hill Road , Town of Ithaca Tax Parcels b No . 61- 1-7 . 2 and 61- 1-9 , Residence District R-30 . Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Individuals with visual or hearing impairments or other special needs , as appropriate , will be provided with assistance , as necessary., upon request . Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Director of Building and Zoning 273- 1783 Dated : August 5 , 1996 Publish : August 9 , 1996 AGENDA ITEM K( e ) OF jT� TOWN OF ITHACA EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 PERSONNEL MONTHLY REPORT FOR AUGUST 1996 1 . NUMBER CRUNCHING FOR THE 1997 BUDGET 2 . NUMBER CRUNCHING FOR 1996 YEAR- END ( AUGUST 1 TO DEC . 31 ) ( INSURANCE ( HEALTH / LIABILITY ) , WORKER ' S COMP , DISABILITY , BENEFITS , ETC . ) 3 . REVISING PERSONNEL MANUAL 4 . HANDLING THE USUAL DAY - TO - DAY PAYROLL / PERSONNEL CONCERNS E TOWN CLERK'S MONTHLY REPORT HgenOa r � TOWN OF _._---_--Ithaca _ „ NEW YORK (Month) —August 19 _9.6- 70 THE SUPERVISOR: Pursuant to Section 27, Subd. 1 , of the Town Lew, I hereby make the following statement of all lees and moneys received by me in connection with my office, during the month above stated, excepting only such fees and moneys the application and payment of which are otherwise provided for by law: NUMBER OF LICENSES SOLD OR ISSUED LICENSE CATEGORY COMMISSION COMMISSION FREE VOID TOTAL USED SPORTSMAN 9100 FISHING - SEASON 2 , HUNTING (SMALL GAME) BIG GAME (DEER 8 BEAR) 5 nn TRAPPING JUNIOR ARCHERY ( 14- 15 YEARS) FISHING - 3 DAY JUNIOR TRAPPING (UNDER 16 YEARS) SENIOR (65 + / MILITARY DISABILITY) 5100 NON - RESIDENT BIG GAME (DEER & BEAR) NON - RESIDENT HUNTING SEASON (SMALL GAME) NON - RESIDENT FISHING - SEASON NON - RESIDENT HUNTING - 5 DAY SMALL GAME NON . RESIDENT FISHING - 5 DAY BOWHUNTING (BIG GAME LICENSE REQUIRED) 4 , 00 MUZZLELOADING (BIG GAME LICENSE REQUIRED) JUNIOR HUNTING ( 12- 15 YEARS) LOST LICENSE CERTIFICATE Turkey Permit 50 TOTAL SOLD 36 XXXXXXXXXXXXXXXXXXXXi FEES TO TOWN COMMISSION @ t* $ XXXXXXXXXX ADD - TOTAL COMMISSION @ c::> I $ I COMMISSIONS c* $ 30 . 50 _L�— Marriage Licenses No. 44 to No. _ 53 R - 7 5 @ — $ -87 . 5.11. Marriage Certificates @ Marriage Transcripts @ J 1255 TOTAL TOWN CLERK FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ i 1 R no 1010 — 1090 REAL PROPERTY TAXES $ INTEREST and PENALTIES $ 2001 PARK and RECREATION CHARGES 2110 ZONING FEES $ 2115 PLANNING FEES $ 2530 GAMES OF CHANCE TOWN SHARE . . . . . . . LICENSE $ FEE $ TOTAL 2540 BINGO TOWN SHARE . . . . . . . . . . . . . . . . . . . . . LICENSE $_ FEE $ _51_ 53_ TOTAL —51. 53_ 2544 13 DOG LICENSE - X YI'kX f i 3191642-L to 3191654-F _E_$2_00 _ _2_6 , 0_Q _54 DOG LICENSE - YXX �YN�SIZi�C . 96-0072” 2545 OTHER LICENSES 2555 BUILDING PERMITS 2590 OTHER PERMITS 2655 MINOR SALES 2770 OTHER UNCLASSIFIED REVENUES Tax Searches 5 @ 55 . 00 75 - 00 Mist /Co - 19 - 10 Zaning_Ordinance_A _@_$8 . 50 _34 .D.0_ Fnrm ra inn 67 (a $ 1 . 00 67 _ nn TOTAL TOWN REVENUES TO SUPERVISOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 448 . 63 Amount paid to SUPERVISOR for Games of Chance Licenses Amount paid to SUPERVISOR for State Share of Bingo Licenses Amount paid to D.E.C. for Conservation Licenses 439 . 50 Amount paid to COUNTY TREASURER for Dog Licenses 113 . 97 Amount paid to STATE HEALTH DEPARTMENT for Marriage Licenses 112 . 5-Q. Amount paid to for Lottery Tickets 33 . 00 Amount paid to State for Sales Tax on Sale of Dogs SPCA Contract 317 . 53_ Received Payment of these amounts: O / TOTAL DISBURSED . , , , . . . . . . . . . . . . $ 1465 . 13 September 3 , 1g 96 �—wCrt�LGq�tz__ ✓ rT Supervisor STATE OF NEW YORK, COUNTY OF Tompkins TOWN OF Ithaca Joan Lent Noteboom being duly sworn, says that she is the Clerk of the Town of Ithaca that the foregoing Is a full and true statement of all Fees and Moneys received by her during the month above stated, excepting only such Fees the application and payment of which are otherwise provided for by law. Subscribed and Sworn to before me this L ,J /� 11•Al � ' ice. 4� t day of 19 7� Town Clerk BETTY F. POOLE NOTARY PUBLIC o /97 Notary PuDIJC STATE OFA NEW r� YORK Note — Prepare I a dupli . Remit original to Supervisor, retain copy for Clark's record. N 4646 427 • WIIMIAM ON 1991 L FORM NO. 1002- N W1LlIAM$ON Uw 9aex CO . VICTOR, NY 14564 4Ty OF I T� TOWN OF ITHACA ,1,� _ 210•¢ 126 EAST SENECA STREET, ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Agenda Item No . 6 (e) Town Clerk' s Monthly Report Presented Town Board Meeting - September 9 , 1996 . Town Clerk - NYS Department of Environmental Conservation licenses went on sale beginning August 12 . Arrangements for Primary Day and Election Day began . Letters were sent to each polling place outlining the dates and times their facilities would be needed . The Highway Department has been contacted with the timetable for deliver of the voting machines . Machine Custodians have been notified concerning any special arrangements or needs related to the set up of the voting machines. Tax Collection - Deputy Betty Poole has begun the preparations for the 1996/1997 tax collection process . In Lieu of Taxes have been calculated and submitted for estimates during the budget process . Betty continues to work with the Engineering Department staff to calculate the water and sewer units for the tax bills. Records Management - Deputy Mary Saxton continued identifying and compiling records ready for disposition . After completion of this years disposition list work will begin on the updated inventory of the vault for 1996 . Accounting - Along with the normal duties for the month , staff designed and prepared spreadsheets for use by the Town Board during their budget process . The types of spreadsheets prepared included the 1997 Budget Requests from the Department Heads , and the 1996 Estimated Fund Balance for each fund. Additional spreadsheets detailing the Bonds and BANS payable are being prepared . A detailed tracking of all revenues received for the last two years will be completed for the Special Town Board Meeting on September 5 . Respectfully submitted , 9Joan Lent Noteboom Town Clerk/Director Administrative Services �1y OF 1p TOWN OF ITHACA 1 126 EAST SENECA STREET , ITHACA, N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 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 the notice has been duly published in the local newspaper, ( Ithaca Journal) . ORDER OF TOWN BOARD OF THE TOWN OF ITHACA SPECIFYING , TIME AND PLACE OF PUBLIC HEARING ON ESTABLISHMENT OF . CH ASE LANE LIGHTING DISTRICT. Location of Sign Board Used For Posting : Town Clerk's Office 126 East Seneca Street Ithaca, NY 14850 Date of Posting : September 19 , 1996 Date of Publication : September 23, 1996 Town Clerk, Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this - c9� day Q&12 e Y, 19 . O'Niffai y Public Mary J. Saxton Notary Public, State of New York Registration #01SA5044003 Quallfied In Tloga Coun My Commission Expires May 2, 1997 TWO, � ' " ntPUBUCNOTICE � r,dered�" 4? C =` `. r` 70Yfeeprio�thefsoutheaat;tor ORDER ,OF;>TOWN :BOARD; ORDERED ° tRat f the '$own t ner, 'of's'Chose ` lane thence OFFrfHE .TOWN `OF ITHACAr "Boar'd "of th'ASTown°'ofSlthaca ? lnortherlyyalong •the�.eosterly SPIN IF. INGa .TIME AND; t`shalI Imeet atAthe' TownrHall;f Iine of•Chase Lone, a distance P OF-PUBLIC HEARINGS 126.; East i•Seneca xStreet ?' Hof apprbximately1. 0 33 feet ' Ithocc NewYork,bn 'the°3r,' it Ito the southwest; cornerJof'tdx OISI ' ESTABLISHMENT OF d p ' +CHASE LANE` 3 , day 'of s October, « 1 ,996, ate , parcelt45 1 73„4thence�e6si-_ )GHTINGDISTRICT r ; 600^o'clock 'pmfforthe;pur ? ^'erlyidGrib` thetsoutherlyMrias) n § Agte a IneetingT of ;the Town`, t Pose of conduchng , a public tot taxi}parcelia45„1 73 'NI} c holard ofiha own ofdthaca,?] hear ington� the�proposg1y'fo t7aF, Fand,70 as{totalidistancettl . -Ecst�St necaStre Hzlffiaca tp f estcbl}sh saldlightingdistrlct7 61t1t+ 44feetsfotfie IF , aY E withrsthe = ;improvem'ents : aoutheastcorneroftaxpoo" r;New york; ,on the 9th +day o�,; specified tlabove, 'rot wh)ch +145 1 70, rthence nowtherlyt ° 33pOf embera99b � to► t Lt ime 'and'�pl6ce+`allfipe•`r'sons ��along rheeaatlines 'off&x; �zFPR pp pr. >interestedkiri; thelsuliiect + parce1�.45170, 69,Y6867 # Ili C eRine �/alentinou,CarolyI Il thereof�� ay ,be heard, con•,E 166,J6 1. andry64;�a, tota��lls A I, k p terming the somefand it ,ls antes of;approximately; gproJ, ' Depuyy;'down 5u ;z further -6 ., rr�� x, >' t 41 898 '34 feetlto�the nor1 11east±4. IF asor, , Dovtd <Kla ni, Coun ; s " ' t ycorner of tax arcel 45 1M64 1.ORDERED, htfiat rtheTown,,, , ra fP r k i rson,� Ed Cone! ; Coun j t Clerk oftthe Towmof Ithocaris! It IF ;westerlyalongaz,th"e'- lot ;Cope dlpersonleMary Ru sell;? heft b ,€to u ubl sh acerdthed� 45r 6r4 anda45f1 63padis" I CQU tl pt erson, sandtWohn;. lcopy, ',of t Phis Yorder `-in'. the'. tance of approzirriately "1'54.'• t =, l , Counctiperdon: c, , s td; �lthoco`Journal? pubadhed in •,`. ;feeFito"'theinortliwesNcorneri IF .Pt lathe matteno tfie formation rthe ` Cit�yy, of �Ithaca "'Itfioca,P �of,xtaxr parcel No' 45 ,1d3jK oE, lighting districttfor Chase ' NewaaYork;�qnd to 'fpost,` az tthencF hortfiwesterly,g I ng lq a4pursuont,toAr}tcleal2ti, , copy'stof� some;'on , the . sign the>nartheasterlyrlmesko tdx oft a Town Lawrof ihet5tate t �boordl `of the : bvv of;lthoca,> gpaarcels-45 1 62, 61 60, and of_ {�lew'YOrk 'arrr;<; c',. f.;k said publication and, poshnga. 59 a total dtstonce,of apptoxg WHEREAJ `° on Jariuoi ' tl' ' to'-occur not less than ten', nor "; imately 300 t feet to` alien y more'thari twenty,days before ;, northeastzcornerbl'Ft x parcel] . 1,996; -the Mown Board oftthe Gthe 'doyy designoted above forr : 45 ',1'.59, Ithence t,northetly� I Town . Ithaca duly adopted ' the public hearin aloe �'thex eashtiine '�'of"xtax ,ol.p resolution 'tdirecting , 'the. 'TO N , BOARD g OF`.zTHE 'tf 'parcel;45 ,1 58'6"."distance of:_ Town Engineer. to prepore .a TOWN OF ITHACA}' ppproximatelyw 57 ° feetjto4aJ pmO i plan and report ;ffor I pro- A :) SCHEDULE A , • 5 z northoast cornertofxsaidr,tax 1vidingirtfIfacllities, im- ?DESCRIPTION �OFrCHASE parce), 45 1 58 , thence'= provementsfor ser"vices in a , uILANE 'IIGHTINWDISTRICT ? tnorfFiwesterly} almng a; +portion of tke` Town' of Ithaca ALL1THAT4TRACT,OR PARCEL southwesterly lme�of tax.ppr : wheremi a, ,d hting' ydistnct OF; LAND situate in the'ATown, col°45 1.54, 6$total, distance "was"pro osed ro ,6e'i`estab• ; w of #100`• feet toethe�soutfieosr d ? n , : }Nei Yor(<,Tbe nkg 'rnoCe u art ,cornet ofxtazYparcel "45 1 53,+ tlishe and rr' 4 �f:t ' 7 WHEkEAS y on > A . nl 48 iticvlari descriliedtasfollovJs '<t thenoa ''northeasterly along' pp r 11996, the rTown SEng near :; (COMMENCING"btrth-e"tntar 's F „ duly 6ledsaidrmapp, plan ands sec on,, f, the, westerly,line of, the eastarlya x pa cal` report in , the: ORice of the ; <Coddington ?zRoad' ,ands the . �Sta =distanceof �cppox•L N4,Town Clerk ,ofrgthe Towp+ . of„ lsouthwesterly line of '.';King' imatel"' �l"b3 feetlL to tfie' +Ithaca and >• i „ (i ; Road''AEaS4,`-i running";thence± taouthwe tsorly I16ie 6'f rKin WHEf{EAS the boundaries of,. ' I 1R East Tiff h e n c e thei ro osedtli tin district " xnorthwesterly filong�the ce�n r o;a df r t ''i " � :n -c a } P P. 9 S terlineiofr ing Road .East.aIN LnorthwesteTly. ( r-Qonggr �th'e ; are, ostseYforth,+ on chedule ldistance�foflapproxfmptely`, southwesterly , line,of said d annexed .hereto; , and 4 . , P100feet tb;the4`northwest car ; road a �dtstance?1ofl dk rox= WHEREAS, the .improvements ner ¢of� Towna3`of Ithaca#. I tax: }imotely170yfeet, fcroang�i tproposed consist of the instal. Iction ofs,d roximately ; l2., parciPrN S45j1 .52, thence, over,`chasexldne fo the�pont" ;street lummanes elan ;Chase south"westerly along' *then or plbceaof beg;nnin , Fit It Lana and laGrand9'Courga nortfi'weitery Iine o`f"saiditax The underslBBned r arcel°o distance ofi50 feet LENTIyOTEB00Mti"yTown'1 ? n r CIdik�ofAthejTown' oFslthacc' WHEREAS, :; the i!maximum; o the west corner of said .taie' Tom kin's Coun e I amount„+proposed` to'"�be > ext, ipparcal,' thence;fnorthwe'sterly P ty„ New york, Fended For the;impprovement ;100'feet to ,the west corner; doear{h'erebytcertifythatrtfie` fin $O�forithe;,construction of "t.-Of taxpparcel,45 1 25, thence ; fore oing%i, r; 0 I n, scid h htm Ss Stem ,dnd , +north 7,3'degrees 24jminutesI Sche�vle�A are�a�frue and.1.gg 9.. Y, a correctcop ofton;Orderdul ' WHEREAS, •sitxts estimated +,14 seconds west asdutance ' adopted°bpy heFTown y . y " estmafe forFthe operation of Nsoutfiwe`st c3oirie8 ofitaxtae of the Tows of ltfiacaBa Mo ,Soldvh tiling?{system ;wtll be• �ce1;45,1 23, thence�southe'rly� �Omreehng duly�coll�dNandtheld g Se stemberf9 1996 l;$268T86 pertyear;,and ix along Ache ,wesfr lines of 'tax a w IF?, &WFIEREAS, the`rmap ° plan; parcels+'45,i1;26rthro"ugh 30' ;Sebteniber 23,e1996`teboorr IF, 1�4>6nd�,,.report„ descnbing awch 1145,1 35hthrough 37r,Ka�?Totafi -�_ impprovemenf6re on, file m the', (distance ofrlapproximatelyt Z'Oftica oPttherTown Clerk of; 1;21 .2341y"t4b.6N �,theJ 'the Town- ofilthaca for. publid lsoutliwestFCOrner"of toxlpart, finsppection; :and , ce1 . :45 1 37,, thencefeasteriy .WHEREAS; theE Town" Board,! along'" Ie T utherly� hnes 'of' adopted ;a ='resolution ;'follow- tax parcals,Nos X45 1 � 7yz381 Ming: public hearing establish-,, ,6nd 39 a toraladistance ;of ing a Chase Lane lighting , approximately""216 57, feettol+ tOisTrict on May 13 ,x ;1996 the ;outheostcorneb> of ;tax PZ '•and �' � 4 ;,� �< �t ,; .- ..>y � .�� ,parcely `45� t 39 �+g thence, , . xWHEREAS, there was icon- i isoufh"erlyralongrthe,west (ine3j kern • ezPPiessedrbyYSOme' of{ of Town of; ithaca tax pparcels the residents ofI the; proposedl` Nos?;45 `1 48 49,°;50 an . tdistrict;regardmg the configu; s5 Va; total d;si6nce of 4� 1 =865 ;`ration, ;the _nature+of" fixtures feet'to*ilih 4s&thwesticorrie[; sto 'beYused. and othen_mI ro 4of taxi'PParcelY45� 1-4thence IF relating to Elie=Fighting distncf,P inordi;t80fdegrees 3,1 minutesA rand ii", taxi i - tt32isecondsx e6st alon��g'4Etfted It tta W bERquesti ns; tithe s it owns li a d stancesof� 67, "'4,6'fee11 ,'Board 'adopted ` a ,'resoluttona ,totai:point„' thence, F rtferly on, Juiy 15,`,-,1996 repealing; bon :an;extandedtwestrlirie of: ,the resolution establishing then „Chase plane a `idistonce of I WChasesloneLl&ing District, cpp'roxlmb$Iy,,0' ifoat t'a karid ° NI ` , t - . io :polnt In the east IineTOf;slid! WHEREAS,;a he' ,Town''Board� kttaKparcelt'51 ;Frq (a_nceinorth'I OR snow wuhes ; to continue` the { 80, dogroes, 3`kt, minutos 32' �rocess° of;''eatablisliing the ; ; secondsAeast alongx?th'e` 'liahtina'district southerly Iine "of ChasetLane` `' Ta ..clistance'oRd66roximatelyf •1: Jig �� OF IT _ 9 TOWN OF ITHACA 2 126 EAST SENECA STREET , ITHACA , N . Y . 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 PUBLIC NOTICE ORDER OF TOWN BOARD OF THE TOWN OF ITHACA SPECIFYING TIME AND PLACE OF PUBLIC HEARING ON ESTABLISHMENT OF CHASE LANE LIGHTING DISTRICT At a meeting of the Town Board of the Town of Ithaca held at the Town Hall , 126 East Seneca Street , Ithaca , New York, on the 9th day of September, 1996 , at 5 : 30 p . m . PRESENT: Town Supervisor Catherine Valentino, Carolyn Grigorov, Deputy Town Supervisor, David Klein , Councilperson , . Ed Conley , Councilperson , Ellen Harrison , Councilperson , Mary Russell , Councilperson , and John Wolff , Councilperson . In the matter of the formation of a lighting district for Chase Lane pursuant to Article 12=a of the Town Law of the State of New York. WHEREAS , can J � . . ojtaiy U , 1996 , the Town Board of the Town of Ithaca duly adopted a resolution directing the Town Engineer to prepare a map, plan and report for providing the facilities , improvements , or services in a portion of the Town of Ithaca wherein a lighting district was proposed to be established ; and WHEREAS , on April 8 , 1996 , the Town Engineer duly filed said map, plan and report in the Office of the Town Clerk of the Town of Ithaca, and WHEREAS, the boundaries of the proposed lighting district are as set forth on Schedule A annexed hereto; and WHEREAS, the improvements proposed consist of the installation of approximately 12 street luminaries along Chase Lane and LaGrand Court; and WHEREAS , the maximum amount proposed to be expended for the improvement is $0 for the construction of said lighting system ; and WHEREAS, it is estimated that the initial annual cost estimate for the operation of said lighting system will be $2687 . 86 per year; and WHEREAS, the map, plan and report describing such improvement are on file in the Office of the Town Clerk of the Town of Ithaca for public inspection ; and Chaslane.OR2, WP51 JTH, 09119196 7,37am WHEREAS , the Town Board adopted a resolution following public hearing establishing a Chase Lane Lighting District on May 13 , 1996; and WHEREAS, there was concern expressed by some of the residents of the proposed district regarding the configuration , the nature of fixtures to be used and other matters relating to the lighting district; and WHEREAS, as a result of such questions, the Town Board adopted a resolution on July 15 , 1996 repealing the resolution establishing the Chase Lane Lighting District ; and WHEREAS, the Town Board now wishes to continue the process of establishing the lighting district , NOW, THEREFORE , it is ordered ORDERED, that the Town Board of the Town of Ithaca shall meet at the Town Hall , 126 East Seneca Street, Ithaca, New York, on the 3rd day of October, 1996 at 6 : 00 o' clock p . m . for the purpose of conducting a public hearing on the proposal to establish said lighting district with the improvements specified above, at which time and place all persons interested in the subject thereof may be heard concerning the same; and it is further ORDERED , that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a certified copy of this order in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten nor more than twenty days before the day designated above for the public hearing . TOWN BOARD OF THE TOWN OF ITHACA D 2 Chasllme.ORZ WP51, ITH, 09/19/96 7:37am SCHEDULE A DESCRIPTION OF CHASE LANE LIGHTING DISTRICT ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca , Tompkins County, New York, being more particularly described as follows : COMMENCING at the intersection of the westerly line of Coddington Road and the southwesterly line of King Road East ; running thence northwesterly along the center line of King Road East a distance of approximately 100 feet to the northwest corner of Town of Ithaca tax parcel No. 45- 1 -52; thence southwesterly along the northwesterly line of said tax parcel a distance of 150 feet to the west corner of said tax parcel ; thence northwesterly 100 feet to the west corner of tax parcel 45- 1 -25 ; thence north 73 degrees 24 minutes 14 seconds west a distance of 137 . 41 feet to the southwest corner of tax parcel 45- 1 -23; thence southerly along the west lines of tax parcels 45 - 1 -26 through 30 , 45 = 1 -35 through 37 , a total distance of approximately 1 , 212 . 41 feet to the southwest corner of tax parcel 45= 1 =37; thence easterly along the southerly lines of tax parcels Nos . 45- 1 -37 , 38 and 39 a total distance of approximately 216 . 57 feet to the southeast corner of tax parcel 45- 1 -39; thence southerly along the west lines of Town of Ithaca tax parcels Nos . 45 - 1 =48 , . 49 , 50 and 51 a total distance of- 431 . 86 feet to the southwest corner of tax parcel 45= 1 - 51 ; thence north 80 degrees 31 minutes 32 seconds east along the south line . of said tax parcel 51 a distance of 167 . 46 feet to a point ; thence northerly on an extended west line of Chase Lane a distance of approximately 52 . 48 feet to a point in the east line of said tax parcel 51 ; thence north 80 degrees 31 minutes 32 seconds east along the southerly line of Chase Lane a distance of approximately 70 feet to the southeast corner of Chase Lane ; thence northerly along the easterly line of Chase Lane a distance of approximately 44 . 33 feet to the southwest corner of tax parcel 45= 1 -73; thence easterly along the southerly lines of tax parcels 45= 1 -73 , 72 , 71 , and 70 a total distance of 621 . 44 feet to the southeast corner of tax parcel 45= 1 -70; thence northerly along the east lines of tax parcels 45 = 1 =70 , 69 , 68 , 671 66, 65 , and 64, a total distance of approximately 898 . 34 feet to the northeast corner of tax parcel 45- 1 -64; thence westerly along the northerly lines of tax parcels 45= 1 -64 and 4& 1 - 63 , a distance of approximately 154 feet to the northwest corner of tax parcel No . 45- 1 = 63; thence northwesterly along the northeasterly lines of tax parcels 45 - 1 =62 , 61 , 60 , and 59 a total distance of approximately 300 feet to the northeast corner of tax parcel 45- 1 -59; thence northerly along the east line of tax parcel 45 - 1 =58 a distance of approximately 57 feet to a northeast corner of said tax parcel 45= 1 -58 ; thence northwesterly along a southwesterly line of tax parcel 45= 1 -54 a total distance of 100 feet to the southeast corner of tax parcel 45- 1 - 53 ; thence northeasterly along the easterly line of tax parcel 53 a distance of approximately 163 feet to the southwesterly line of King Road East ; thence 3 C1wslane.0R2. WP51jTH, 09119196 7.37am northwesterly along the southwesterly line of said road a distance of approximately 170 feet, crossing over Chase Lane to the point or place of beginning . The undersigned , JOAN LENT NOTEBOOM , Town Clerk of the Town of Ithaca, Tompkins County, New York, does hereby certify that the foregoing Order and Schedule A are a . true and correct copy of an Order duly adopted by the Town Board of the Town of Ithaca at a meeting duly called and held on September 9, 1996 Joan Lent Noteboom September 19 , 1996 PUBLISH : Monday, September 23, 1996 _- 4 . co `Da n (0 G (D rn oo = o C nD N ` J ° m D 1 ( ' cTTn y , mobV! S C rn `Q (O OD �l O) (JI A W N 1 00 7] ?� $ m m g (D is m = b CD � m m CD c CD� m CD om a (Dm m (D (�D CD =r 0 :3 0 =1 CL N c .. D. lCD ". 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