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HomeMy WebLinkAboutTB Minutes 1989-02-13TOWN OF ITHACA REGULAR BOARD MEETING February 13, 1989 At a Regxilar Jfeeting of the Town Board of the Town of Ithaca, Toanipkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York, on the 13th day of February, 1989, there were; PRESENT: ABSENT: ALSO PRESENT! Noel Desch, Supervisor Shirley Raffensperger, Councilwoman Robert Bartholf, Councilman Patricia Leary, Councilwcman David Klein, Councilman Henry McPeak, Councilman John Ozolins, Highway Superintendent Erik Whitney, Assistant Engineer John Barney, Town Attorney Mary Call, Board of Representatives Edward Olmstead, Ithaca Fire Department Bill Hilker, Bums Road John Whitcaiib, 233 Troy Road Ralph lacovelli, 240 Pennsylvania Avenue David Ccurr, 674 Coddington Road Bill Stull, 121 Kendall Avenue Dave Bowlst^, 269 Pennsylvania Avenue Peter Grigorov, 611 Coddington Road Kinga M. Gergely, Juniper Drive Lori Pierce, 675 Coddington Road Michael Carr, 675 CodddLngton Road Fred T. Wilcox III, 109 Juniper Drive Ed Cobb, 1005 Danby Road Jtyrtle Whitccnib, 233 Troy Road Ron Siitpson, 112 Pine View Terrace Ruth Johnson, 611 Coddington Road Stephen D. Stanton, 537 Warren Road Representatives of the Media: Ellin Isecin, WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance. REPORT OF TCWN OFFICIALS Town Supervisor's Report Bond Rating Supervisor Desch announced that he was very pleased to report that we have retained our Aa rating on our bonds being sold on Wednesday. Every time he goes through this process he is reminded about how much more work there is than v^en we did it last time but then again the laws keep changing. One finds onesself answering questions about financial decisions that were made 10 - 20 years ago. Our timing with the market may be excellent. We will obviously know better on Wednesday at 11:00 A.M. Town Board Minutes 2 February 13, 1989 Town Engineer Supervisor Desch stated that the Town had received a dozen applicants \(^th three to five interviews ccming up this week. It my be desirable to have a short noon meeting before our regular March meeting to make a selection. This my be too optanistic, however. Court Rocm Space Sii^jervisor Desch stated that Judge Wallenbeck and he had toured the space in County Building "C" and the two Court Houses with Scott Heyman on Friday. It appears that our best option is the Court Poem ccnplex v^ch receives little usage at night. We will be pursuing this with the Administrative Judge. The Coimty Administrator was very cooperative and helpful. Assistant Engineer's Report Assistant Town Engineer Erik Whitney report that right now the Engineering Department had their hands full. We are continuing negotiations with Conrail for the East Shore Drive sewer project for a permit. We are getting there slowly. Also, we have the DEC permit in hand. He noted they were in the middle of negotiations with the Lieberman Estate for an easement across their property. We have also done the paper work for the other 28 easements. Phase I, the problem on the booster pump station has been solved. About two-thirds of the Chase Farms sewer was pressure tested and inspection was performed on the water main and the sewer min. The initial inspection of the Westwood Hill drainage and engineering measurements have been taken and found unacceptable, not to prints, design specifications. On Pine Tree and Honness Lane, the dangerous intersection the County only has a proscriptive easement for Honness Lane, there is a Court case now but it my be a year or so before they know any results so it will be a \diile before the dangerous <±»structions can be removed. Erik Whitney referred the Board members to the following mono that he wrote to the Board, dated February 13, 1989: "At the present time, it is up to the Town Engineering staff to give engineering guidance and perform construction inspection and testing for roads, watermins, sewermains, and drainage works built in new developments within the Town of Ithaca. Frankly, with our limited staff and time resources, we are able to do only a "spotty" job at best. We have also had problems in obtaining "as-built" data and drawings and, vdien obtained, they are often inaccurate and/or inccnplete. I could relay to you numerous horror stories I have witnessed afield when laymen attempt to fill an engineer's shoes. In light of the fact that the present situation is, at best, intolerable, I suggest the following. The Town should consider, as a condition of subdivision approval, that the developer be required to retain a professional engineer to insure the quality of the project and provide a set of staitped "as-built" drawings and field notes. This condition would greatly benefit the Town of Ithaca, both in insuring the quality of our roads and utilities and in additional hours the Town Engineering staff would have to dedicate to serving our other constituents. This condition would also benefit our local professional ccramunity. I know that both Ted Wixcm of SCLIWC and John Andersson of the Tcmpkins County Health Department would echo my concern and support this measiare." Town Board Minutes 3 Febaoiary 13, 1989 Councilwcman Raffensperger asked, vdiat do we need to do in order to inplement this reccanraendation that a professional engineer stairp and sign the "as-builts"? Supervisor Desch replied, probably modi^ the check list in the suixiivision regulations. Councilwcman Raffensperger remarked that it sounded to her like an excellent idea and she did not think that Town staff should be doing basically vtot ought to be the responsibility of the developer. Councilman Klein asked if this would require a public hearing? Supervisor Desch replied, yes. Councilwcman Raffensperger asked if the Planning Board would hold that hearing? Supervisor Desch replied, no the Town Board would hold the hearing, the Planning Board would ccame up with the specific wording and then adopt a resolution that would ccme to the Town Board. Highway Superintendent's Report Highway Superintendent John Ozolins reported that the grader was serviced and on Truck #5, the 1975 Ford, the engine died, the block is shot. We have looked at other alternatives to try to get it running with the least amount of expenditure. Two years ago we put in a rebuilt engine. He stated that he had a resolution prepared to sell the truck and a replacement. He went on to say that with the weather being \diat it was during January they were able to do other itons besides just snow removal, there were several roads v^ere the shoulders were patched as well as sending crews out almost daily to patch pot holes and areas v^ere water irains had broken. Also, a sign inventory was taken, there are over 850 signs out there just on Town roads. The Highway Superintendent report that Rich Schock and Don Ten Kate had attended the Turf Grass Managotient Course at Cornell for two weeks. One area of questions that Rich is always asked is regarding seme type of pavilion in a park. Probably the most developed park in the Town system is the one Eastern Heights. He stated that he had access to National Guard Troop labor and if the Town Board wanted to pursue it there is a good possibility that if the Town provides the materials that the labor to put up the pavilion as well as getting water and electricity run to it could be done with Troop help. Councilwcman Raffensperger stated that she had just one ccnment about the pavilion in Eastern Heights Park. She stated that a few years ago we had a fair amoimt of controversy about such a proposal and vMle it was her irrpression that the nearby residents have beccme much more supportive of facilities in the park she felt there was a need to check this fairly carefully. Building Inspector/Zoning Officer's Report Building Inspector/Zoning Officer Andrew Frost reported that there was an error in his December report, the number of single family residences in 1988 constructed in the Town of Ithaca are 74 not 100. He noted also a mistake in the building permits for educational vdiich showed 30 should have been 57 year to date. He stated that things seem to be picking up for January. For January, 14 single family residences consisting of 12 imits that were in three buildings in Deerrun. 9 Ceirtificates of Occupancy were Town Board Minutes 4 F^ruary 13, 1989 issued, three new ocnplaints investigated, 74 field visits, one fire occurrence and two fire safety inspections. Si:5)ervisor Desch reported that Town Planner Susan Beeners was ill this evening. REPORT OF CQUNTy BOARD OF REPRESENTATIVES Mary Call reported that because of the Town' s involvement in funding Youth Programs she wanted to report that the City and the County have named a joint ccnmittee of four members from each body to talk about long range provisions of youth services. The Governor seems to be looking in the direction of youth services for cuts this year, it has never been touched before. She went on to say that the County was working on the traffic problem and she thought the Supervisor had received a notice that the McTrans demonstrations would be next week. There is a new airport terminal conmittee, a new committee and a new terminal \(toch is on a fast track now and hopefully it will be started in 1990. Mrs. Call reported two housing initiatives going on in the County, one short term and one long term. The short term is to replace all of our single room housing occupancy vdiich is in the City and v^ich has been lost through the fires. The bigger housing problem will go out into the Town. Supervisor Desch asked Mrs. Call if she had any idea how much the Youth Services State Aid would be cut? Mrs. Call replied, there are two ranges, one is cutting out up to 80% of the Statewide Youth Bureaus for Rural Youth Bureaus, the other is cutting actual dollars by a substantial amount like $450,000 down to $150,000 in this County. BUDGET TRANSFERS RESOLUTION NO. 23 Motion by Councilwoman Raffensperger; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the following budget transfers: GENERAL TOWN WIDE From: A599 $ 33.25 Tb: A5010.400 $ 33.25 GENERAL OUTSIDE VILLAGE Fran: B1670.201 $ 6,000.00 B8020.100 $ 1,764.03 To: B1420.4 $ 5,250.17 B7140.202 $ 2,513.86 CAPITAL PROJECTS From: H8340.20 $35,484.50 Tcfwn Board Minutes 5 Februairy 13, 1989 To: H8120.201 $35,484.40 FIRE PROTECTICaj Frcm: SF599 $ 5,299.26 Tb: SF3410.491 $ 439.31 SF3410.492 $ 4,859.95 (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). SELECTIOJ OF COSfSULTANT SURVEYOR RESOLUTION NO. 24 Motion by Councilman Klein; seconded by Councilman Bartholf, WKEREAS, three proposals were received on February 6, 1989, in response to the Town of Ithaca's Request for Proposals for Decoriber 30, 1988, to provide property surveys for the transfer of title of certain lands in the following locations: Grandview Park, acquisition of title frcm Ivar Jonson and permanent easement throuc^ lands of the Lutheran Church. Park Lane, acquisition of a 60-foot right-of-way for Town road through the property of Mr. and Mrs. Bernard Quick. Bums Road, to establish location of old and new roads to facilitate relocation of eastern end of Bums Road and define lands to be transferred between the Town and City of Ithaca, and WHEREAS, the proposal made 1:^ T. G. Miller Associates, P.C., Engineers and Surveyors, of Ithaca, New York, a reputable firm, meets all of the requirements outlined in the Town's Request for Proposals, NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Ithaca, that the Town Si:5)ervisor be authorized to accept the proposal from T. G. Miller Associates, P.C., in the amount of $3,850 for said surveying services. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). WATER AND SEWER IMPROVEMENTS Supervisor Desch stated that he had added a sentence to the first paragraph "separate consultants may be selected for each section of work". Depending how the proposals come back we might decide that since the type of work in Section 1 is quite different frcm the type of work in Section 2 we might feel there is a stronger consultant in each particular area. And then on Schedule "B", the question was hew much information to put in. He felt one highlight that should be put in there is a flag to the engineers making proposals is the fact that a lot of the land in that area is in the Comty Ag District. Councilwcman Raffensperger ronarked that in looking at vtot we saw on Decenber 12th, for exanple she saw v^ere we have deleted the East Ithaca Maple Avenue apartment service vbich surprised her Town Boai?d Minutes 6 February 13, 1989 because that seemed to be as far as cost and revenue a fairly desirable project. Supervisor Desch replied, the rumblings that we keep hearing in the distance is that Cornell in their master planning may be considering additional housing up in that area so the thought was that maybe we ought to wait and have that done as part of their particular project. Coimcilwcman Raffensperger replied, in trying to figure out exactly ^ere it is going is not easy. She stated that she had a kind of an old letter from people on West Hill talking about discussion that they would be included in the next water district. Are they going to included? Supervisor Desch replied, yes and no. The breakdown theare is that instead of the Town doing roughly 2,000 feet to connect between the Professional Building and the end of the line that we just finished putting in on Trumansburg Road would have the developer of the Indian Creek Retirement Ccnmunity project do the other 1,000 feet because that is a reasonable assessment of cost against them. So the answer is yes, if those two pieces are done that i^ole groi^) of properties will be served. Councilwcman Raffensperger stated that the other question she had was, usually the water and sewer go along with each other, scmehow or another on West Hill on the water and on sewer it seems that the sewer is caning frcm the Ulysses Town line into Wcx)lf Lane and the water is going out from the Professional Building. She asked if there was any significance to this? Supeand-sor Desch replied yes, the sewer can't run along with the water in the case of the line running along the East side of Trumansburg Road because of the way the gromd falls off it wouldn't serve any useful purpose. It has to fall behind those properties and in front of those properties on the West side of Trumansburg Road. Councilwcman Raffensperger remarked the last time we talked about water and sewer extensions, the necessity for seme kind of environmental and planning input as to the possible iirpacts of those water and sewer extensions and then in the Ccroprehensive Planning Subccramittee there was some discussion because the staff is so busy with that process for perhaps the need to look at separate contracts with Stuart Brown to do discrete kinds of projects. She stated that it occurred to her that the staff was very busy and if the Board wished to have seme kind of an analyses of \diat these water and sewer extensions mean to our vdiole planning process that it might be an idea to formalize seme kind of an agreement with Stuart Bixfwn for that planning and environmental analyses. Si:pervisor Desch replied that that was the problem he had in wording this, ^tet kind of a role would this consultant have in relation to the role Stuart Brown might have and that's where it can get a little bit fuzzy. This part of it is one of determining how to get water frcm point "A" to point "B" from an engineering and cost feasibility standpoint. Frcm a land use feasibility there should be a kind of sit down session between \^oever is doing the water, Stuart Brown and our staff. Councilwcman Raffensperger replied, as long as we will work out seme kind of an agreement with Stuart Brown so that he is able to do it in a meaningful way. That is v^t she was concerned about. Town Board Minutes 7 February 13, 1989 Councilman Klein remarked, the residents on West Haven Road have recently had the benefits of the new water line say the have no water pressure. Is relief available or are they Utterly years away from getting relief? Sij^jervisor Desch replied, there really isn't any short term inexpensive way to solve their problem without putting in a tank, that's the way the topography works for and against you. They were aware they were on the fringe area but they felt it was worth it to do the best that they could. It's only a handful of houses. RESOLUTION NO. 25 Motion by Councilwoman Raffensperger; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the RFP as presented. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). OMirrTEES FOR 1989 Supervisor Desch remarked, on the list of ccramittees that was handed out scmetime ago, there is a change, the only change that was added was the Fire Station Construction Managenent Ccramittee and he had two Town Board members on it and his thought was to have Councilman Klein and vdioever the new Town Board member is that would be filling the vacancy to work with a member of Coninon Council and a member of the Board of Public Works and the Chairman of the Board of Fire Commissioners. Councilwoman Raffensperger stated that she wanted to make a comment about the Fire Coammittee and as long as the Chief was at the meeting it was a good time. When we had the joint meeting with Common Council there was discussed the possibility of a conmittee made up of elected officials and of the Fire COTinissioners v^o might work on the question of personnel needs. We didn't continue the discussion or talk about v^y we wanted to do it, although there seenned to be seme general agreement that we should. It was not intended to be any end around the Ccnraissioners but was recognition of the fact that our role are scmevAiat different. That the Ccnmissioners and the Fire Chief come to us with perhaps \tot is the ideal kind of personnel roster and that we really as elected officials have a responsibility to see v^t we can afford, franJcly. Everything can't be ideal. She stated that she would like to renew her request that such a ccramittee be set up so that the next time we have a request for personnel we have seme kind of a basis, not only for vdiat is said to be needed but vdiat we can afford and hew much it is going to cost and over vdiat period of time. Chief Olmstead replied that CemRion Council passed a resolution for the cenposition of the cemmittee at the regular meeting and included the Mayor, the Tewn Supervisor, two Town Board, tvo Cemmon Council and two Fire Cemmissioners to deal with this, with a report due back July 1st. 1989 OBJECTIVES Supervisor Desch remarked that the list had grown and he felt others could be added and he did not know how many would be done by the end of the year. However, they do serve as a good list of reminders. Tcwn Board Minutes 8 F^ruary 13, 1989 Councilvonan Raffensperger stated that she would like to add under Item #3, "Retain Consultant - Conprehensive Plan and Conplete Phase I - consultant work" to consider additional phases. Councilman Klein remarked, under Item #7, "Update acceptance procedure for new highways", he stated that the Board had also talked about updating road standards. Sipervisor Desch ronarked, also the "as-built" drawings that the Assistant Engineer brought up earlier. CONSIDER SPEED LIMIT REDUCTIONS RESOLUTION NO. 26 Motion by Councilman Klein; seconded by Coimcilman Bartholf, WEffiREAS, the residents of East Shore Drive, Five Mile Drive, Trumansburg Road and Dubois Road have requested a reduction in the speed limit on their respective roads, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby request New York State DOT to consider reductions in the speed limit on East Shore Drive to 30 MPH from the existing speed limit at Stewart Park to 1/2 mile north on Route 34, 45 MPH on Five Mile Drive, 45 MPH on the Trumansburg Road from the existing 45 MPH zone to the Town line and 45 MPH on the Dubois Road. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). WATER AND SEWER BENEFIT ASSESSMENT REFUNDS RESOLUTION NO. 27 Motion by Supervisor Desch; seconded by Councilwoman Raffensperger, (1) WHEREAS, the Trinity Lutheran Church, 149 Honness Lane, Parcel No. 58-2-4 was charged 4 units of water and 4 imits of sewer on their 1989 Town and County Taxes, and WHEREAS, the Trinity Lutheran Church should have been charged for 2 units of water and 2 units of sewer, and WHEREAS, on January 12, 1989, the Trinity Lutheran Church paid their 1989 taxes in full, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $108.00 for water and $124.00 for sewer, total refund of $232.00 be paid to the Trinity Lutheran Church, 149 Honness Lane, Ithaca, New York (2) WHEREAS, William Grover, 1486 Trumansburg Road, Parcel No. 24-1-13 was charged 3 units of water on his 1989 Town and County Taxes, and WHEREAS, Mr. Grover should have been charged for 2.3 units of water, and WHEREAS, on January 30, 1989, Mr. Grover paid his 1989 taxes in full. Town Board Minutes 9 Fd^ruary 13, 1989 NOW THEREPOEE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $44.80 be paid to William Grover, 1486 Trumansbuirg Road, Ithaca, New York. (3) WEffiREAS, Lawrence lacovelli, 165 Kendall Avenue, Parcel No. 54-4-25.1 was charged 5 units of water and 5 units of sewer on his 1989 Town and County Taxes, and WHEREAS, Mr. lacovelli should have been charged for 1 unit of water and 1 unit of sewer, and WHEREAS, on January 25, 1989, Mr. lacovelli paid his 1989 taxes in full, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $256.00 for water and $248.00 for sewer, total refund of $504.00 be paid to Lawrence lacovelli, 165 Kendall Avenue, Ithaca, New York. (4) WHEREAS, William L. Lower the owner of property on Trumansburg Road, Parcel No. 24-3-3.3 was charged 7 imits of water and 7 units of sewer on his 1989 Town and Coimty Taxes, and WHEREAS, Mr. Lower should have been charged 3 units of water and 3 units of sewer, and WHEREAS, on January 31, 1989, Mr. Lower paid his 1989 taxes in full, NOW TflEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $256.00 for water and $248.00 for sewer, total refund of $504.00 be paid to William L. Lower, 433 Floral Avenue, Ithaca, New York. (5) WHEREAS, the Torapkins Comtiunity Hospital, 101 Dates Drive, Parcel No. 24-3-2.3 were charged 1 unit of water and 1 unit of sewer on their 1989 Town and County Taxes, and WHEREAS, the Tcnpkins Ccninunity Hospital should have been charged 0 units of water and 0 units of sewer, and WHEREAS, on January 31, 1989, the Tcnpkins Ccninunity Hospital paid their 1989 taxes in full, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $64.00 for water and $62.00 for sewer, total refund of $126.00 be paid to the Tcnpkins Ccninunity Hospital, 101 Dates Drive, Ithaca, New York. (6) WHEREAS, Harold Cushman, 420 Winthrop Drive, Parcel No. 72-1-3.11 was charged 2 \mits of water and 2 units of sewer on his 1989 Town and County Taxes, and WHEREAS, Mr. Cushman should have been charged for 1 unit of water and 1 unit of sewer, and WHEREAS, on January 31, 1989, Mr. Cushman paid his 1989 taxes in full. Town Board Minutes 10 February 13, 1989 NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca her^y authorize a refund of $64.00 for water and $62.00 for sewer, total refund of $126.00 be paid to Harold Cushman, 420 Winthrop Drive, Ithaca, New York. (Desch, Raffensperger, Bartholf, Leairy and Klein voting Aye. Nays - none). WATER ACCOUNT REFUNDS RESOLUTION NO. 28 Motion by Councilman Bartholf; seconded Councilman Klein, (1) WHEREAS, the custcaoner at 302 Sunnyview Lane over paid his water bill, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca herel^ authorize a refund of $61.16 for water, $6.11 water surcharge, $31.42 sewer, $4.28 sewer surcharge and $2.71 penalty, total refund of $105.68 be made to Ivar Jonson, 934 East Shore Drive, Ithaca, New York. Account Number V-4073. (2) WHEREZ^, the customer at 30-F Sunny Hill Road paid the December water bill twice, NOW TEffiREPORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $20.52 for water, $2.05 water surcharge, $5.46 sewer, $1.44 sewer surcharge and $2.95 penalty, total refiand of $32.42 be made to Eastwood Commons, 4B Wildflower Drive, Ithaca, New York. Account Number V-4092. (3) WHEREAS, the customer at 1440 Trumansburg Road was billed for sewer on their final bill, but are not connected to public sewer, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $.82 for sewer and $1.44 sewer surcharge, total refund of $2.26 be made to Magdaline Confrey, 15530 NE 179th Street, Wbodinville, Virginia, 98072. Account Number B-4087. (4) WHEREAS, the customer at 105 Judd Falls Road made a meter reading error, NOW THEREFORE BE IT RESOLVED, that the Ttown Board of the Town of Ithaca hereby authorize a refund of $130.76 for water, $13.07 water surcharge, $73.20 sewer and $9.15 sewer surcharge, total refund of $226.18 be made to Joel Silbey, 105 Judd Falls Road, Ithaca, New York. Account Number V-339. (5) WHEREAS, the customer at 107 Whitetail Drive paid the water bill twice, NOW THEREFORE BE IT RESOLVED, that the TDwn Board of the Town of Ithaca hereby authorize a refund of $5.46 for water, $.55 water surcharge and $.39 sewer surcharge, total refund of $6.40 be made Town Board Minutes 11 February 13, 1989 to Edward Hallberg Associates, 90 Whitetail Drive, Ithaca, New York. Account Number V-4057. (6) WHEREAS, the custaner at 105 Whitetail Drive paid the water bill twice, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize a refund of $5.46 for water, $.55 water surcharge and $.39 sewer surcharge, total refund of $6.40 be made to Edward Hallberg Associates, 90 Whitetail Drive, Ithaca, New York. Account Number V-4077. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). RESOLUTION NO. 29 Motion by Supervisor Desch; seconded by Councilvranan Raffensperger, WHEREAS, the attached letter explciins the rationale for a consideration of a water/sewer refund to the accovint of the Tcnpkins Ccnimunity Hospital, NOW THEREFORE BE IT RESOLVED, that the Totpkins Ccninunity Hospital be issued a net credit in the amount of $2,400.32 for the December 1988 bill and that the penalty on said bill be waived due to an on going discussion with regard to water used by the Town during the course of construction of the West Hill system. (Desch, Raffensperger, Bartholf, Ledry and Klein voting Aye. Nays - none). PIANNING BOARD RECOMMENDATION TO FILL VACANCY Supervisor Desch noted a reccannmendation frcm the Planning Board and also the Board had a certain amount of conmunication having to do with criticism about the procedure. Councilman Bartholf replied that if it was appropriate he felt it should be discussed in Executive Session. Sipervisor Desch asked the Tcwn Attorney if he had any coranents on the suggestion? Town Attorney Barney replied that he saw no reason not to go into Executive Session, it deals with the appointment of personnel. Councilvonan Raffensperger asked, is it within \tot is permitted in an Executive Session under personnel that is allowed to be discussed in Executive Session. Town Attorney Barney replied. Section 105 of the Public Officers Law vMch deals with open meetings spells out the circumstances under vMch Executive Sessions may be held and upon the majority vote of the membership. It takes and affirmative note. Matters leading to the appointment of a person is clearly within the Executive Session. ASSCCIATIOJ OF TOWNS RESOLUTIONS Supervisor Desch noted that the list was unusually brief, but owing to the state of affairs of the State fiscally he was sure the Town Board Minutes 12 February 13, 1989 Association of Towns would spend quite a lot of time dealing with the State budget. He noted that there were all kinds of rumohrs floating around about vtot might be cut. The Town Board discussed the proposed resolutions. (Copy attached to the minutes). TEMPORARY ASSIGiJMENT OF HIOiWAY gyiPLOYEE TO ENGINEERING DEPARTMENT RESOLUTION NO. 30 Motion by Councilman Bartholf; seconded by Supervisor Desch, WEffiREAS, the inminent start of the construction of the East Shore Drive Sewer and the Phase II I/I study dictate the need for additional field supervision in the Engineering Department, and WHEREAS, the Assistant Engineer has assimed the duties of TOwn Engineer until the vacancy is filled, and WHEREAS, the Town Highway Superintendent and the Acting Town Engineer have worked out an arrangement to have Larry Salmi assigned to the Engineering Department for a 3-ironth period effective this date, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the assignment of Larry Salmi to the Engineering Department as a Technical Field Assistant with current salary for a period of 3 months. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). CERTIFICATE OF COMPLIANCE FORM Town Attorney Barney ronarked that this item needs to be adjourned one more month. AWARD OF BID FOR HIGHWAY SUPERINTENDENT'S NEW VEHICLE RESOLUTION NO. 31 Motion by Councilwanan Raffensperger; seconded by Councilman Klein, WHEREAS, Cortland Foreign Motors, Jeep Eagle was the lowest bidder and met the specifications with minor deviations, NCW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby acceptance of -^e bid from Cortland Foreign Motors, Jeep Eagle in the amount of $15,903.50 for a new 1989 4x4 Jeep Cherokee. (Desch, Raffensperger, Bartholf, Leary and Klein votjjig Aye. Nays - none). AUTHORIZE BIDDING FOR CHEVROLET AUTOMOBILE RESOLUTION NO. 32 Motion By Councilman Bartholf; seconded Supervisor Desch, Tcwn Board Minutes 13 February 13, 1989 RESOLVED, that the Town Board of the Town of Ithaca herein authorize the advertising for the sale of the 1981 Chevrolet autonobile. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). AUTHORIZE REPLACEMENT TRUCK FOR TRUCK #5 THROUGH STATE CONTRACT RESOLUTION NO. 33 Motion by Coxmcilman Bartholf; seconded by Councilvotian Raffensperger, WHEREAS, Truck 5 is beyond econcniical repair, and leaves the Highway Department short one small duirp truck, WHEREAS, a one-ton durtp truck would be more practical than a medium duty duitp truck, WHEREAS, $13,000 was budgeted to replace Truck 10 this year, it will now be replaced in FY 1990, and the money used towards a replacement for Truck 5, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca herein authorize the purchase of a 1989 one-ton duirp truck through State contract for $14,204 from Mid City Dodge, Inc. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). ACCEPTANCE OF BIDS FOR SALE OF TRUCK #5 RESOLUTION NO. 34 Motion by Councilman Bartholf; seconded by Councilwoman Leary, WHEREAS, Truck 5's engine is beyond repair. Alternatives ranging from minor repairs to the engine caning out of the gradeall, to repairs to the existing engine have been explored and are not economically feasible, and WHEREAS, $19,651 has been spent on repairs to the truck. More money was spent on repairs, hov^ver, no records were kept before 1978. The captured cost of repairs to the vehicle already exceed the original purchase cost. The money spent also exceeds the cost of replacing the v^icle of like type, NOW THEREFORE BE IT RESOLVED, that the Tdwn Board of the TOwn of Ithaca hereby authorize the Highway Superintendent to accept bids for the sale of Truck 5, a 1975 Ford F600 Dump Truck. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). AUTHORIZE ACCEPTANCE OF BIDS FOR THE SALE OF CINDER SPREADER RESOLUTIOJ NO. 35 Motion by Councilwcman Raffensperger; seconded by Councilman Klein Town Board Minutes 14 February 13, 1989 WHEREAS, the truck that the spreader Wcis mounted on is no longer operational and is forecasted to be replaced with a smaller vehicle, and WHEREAS, the Highway Department will still have four spreaders v^en new Truck #1 is ccsrpleted, and WEIEREAS, it would be extremely avkward and time consuming to try to modify the spreader to fit on/into another truck, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the Highway Superintendent to take bids for the sale of the Airflow Spreader. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). A RESOLUTION PROVIDING FOR THE CONSOLIDATION, DETAILS AND SALE OF $2,580,000 PUBLIC IMPROVEMEajT (SERIAL) BONDS, 1989, OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR CERTAIN PURPOSES IN AND FOR SAID TCWN At a Regular meeting of the Town Board of the Town of Ithaca, TOtpkins County, New York, held at 126 East Seneca Street, in Ithaca, New York, in said Town, on February 13, 1989, at 5:30 o'clock P.M., Prevailing Time. The meeting was called to order by S\:pervisor Desch, and upon roll being called, the following were PRESENT: Councilman Bartholf Councilman Klein Councilwoman Lea3:y Councilwoman Raffensperger Supervisor Desch ABSENT: Councilman McPeak The following resolution was offered Councilwoman Raffensperger, who moved its adoption, seconded by Coimcilman Bartholf, to wit: RESOLUTION DATED FEBRUARY 13, 1989 A RESOLUTIC»J PROVIDING FOR THE CCNSOLIDATIC^, DETAILS AND SALE OF $2,580,000 PUBLIC IMPROVEMENT (SERIAL) BONDS, 1989, OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, FOR CERTAIN PURPOSES IN AND FOR SAID TOWN. BE IT RESOLVED, the Tcwn Board of the Town of Ithaca, Tonjkins Coimty, New York, as follows: Section 1. Of the $1,000,000 serial bonds authorized by bond resolution dated August 17, 1987, for the construction of water inprovements for Water System Benefited Area- 1987 in the Town of Ithaca, Tcaipkins County, New York, there shall be issued and sold as a first series of bonds $479,000 serial bonds viiich shall mature $20,015 in the year 1990, $20,000 in the year 1991, $25,000 in the year 1992, $20,015 in the year 1993, $24,915 in the year 1994, $24,905 in the year 1995, $20,000 in each of the years 1996 and 1997, $29,915 in each of the years 1998 and 1999, $30,000 in the year 2000, $29,915 in each of the years 2001 and 2002, and $24,925 Town Board Minutes 15 February 13, 1989 in each of the years 2003 to 2008, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fort^ years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, ccatpited from October 22, 1987, to date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $21,000, from a source other than the proceeds of bonds or bond anticipation notes, will be paid on or before March 3, 1989, to reduce outstanding bond anticipation notes of said TOwn for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. Section 2. Of the $1,000,000 serial bonds authorized by bond resolution dated August 17, 1987, for the construction of water improvements for Water System Benefited Area-1987 in the Town of Ithaca, Tcampkins County, New York, there shall be issued and sold as a second series of bonds $500,000 serial bonds v^ich shall mature $25,000 in each of the years 1990 to 2003, both inclusive, and $30,000 in each of the years 2004 to 2008, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from October 22, 1987, the date of the first bond anticipation note issued therefor. Section 3. Of the $1,350,000 serial bonds authorized by bond resolution dated August 17, 1987, for the construction of sewer improvements for Sewer System Benefited Area-1987 in the Town of Ithaca, Tcmpkins County, New York, there shall be issued and sold as a first series of bonds $384,000 serial bonds v^ch shall mature $16,000 in the year 1990, $17,000 in each of the years 1991 and 1992, $16,000 in each of the years 1993 and 1994, $17,000 in the year 1995, $16,500 in each of the years 1996 and 1997, $21,000 in each of the years 1998 and 1999, $24,000 in the year 2000, $21,000 in each of the years 2001 and 2002, and $24,000 in eadi of the years 2003 and 2008, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is her^y determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, cotputed fiom October 22, 1987, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sum of $16,000, frcm a source other than the proceeds of bonds and bond anticipation notes, will be paid on or before March 3, 1989, to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the first installment of the principal amount of such indebtedness. Section 4. Of the $1,350,000 serial bonds authorized by bond resolution dated August 17, 1987, for the construction of sewer irrprovements for Sewer System Benefited Area-1987 in the Town of Ithaca, Tcanpkins County, New York, there shall be issued and sold as a second series of bonds $950,000 serial bonds which shall mature $45,000 in the year 1990, $44,145 in the year 1991, $44,015 in the year 1992, $5,000 in each of the years 1993 and 1994, $44,010 in the year 1995, $49,415 in each of the years 1996 and 1997, $50,000 in each of the years 1998 and 1999, $47,000 in the year 2000, $50,000 in each of the years 2001 and 2002, $52,000 in the year 2003, and $57,000 in each of the years 2004 to 2008, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, ccnputed from October Town Board Minutes 16 February 13, 1989 22, 1987, the date of the first bond anticipation note issued therefor. Section 5. Of the $270,000 serial bonds authorized by bond resolution dated March 13, 1967, for the construction of a water distribution system in and for Second South Hill Water District (1966) in the Town of Ithaca, Tcmpkins County, New York, there shall be issued and sold $143,982 serial bonds v^ch shall mature $7,578 in each of the years 1990 to 2008, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from ^ril 25, 1968, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $5,062, $5,062, $5,052,$5,072, $5,062, $5,600, $5,600, $5,600, $5,600, $5,600, $5,600, $6,720, $6,720, $6,720, $6,720, $6,720, $6,720, $6,720 and $7,593, from a source other than the proceeds of bonds or bond anticipation notes, were used on the annual anniversary date of the bond anticipation notes issued therefor in each of the years 1970 to 1988, respectively, to reduce outstanding bond anticipation notes of said Town for such purpose, such amounts constituting the first nineteen instaHments for the principal amount of such indebtedness. It is hereby further determined that the sum of $7,578, from a source other than the proceeds of bonds or bond anticipation notes, will be paid on or before March 3, 1989, to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the twentieth installment of the principal amoimt of such indebtedness. It is hereby further determined that the further sum of $4,897, from a source other than the proceeds of bonds or bond anticipation notes, will be paid on or before March 3, 1989, to further reduce outstanding bond anticipation notes of said Town for such puirpose, such amoimt constituting a volimtary reduction of the principal amoimt of such indebtedness. Section 6. Of the additional $210,000 serial bonds authorized by bond resolution dated April 8, 1968, for the construction of irtprovements in and for Second South Hill Water District (1966) in the Town of Ithaca, Tcnpkins Comty, New York, there shall be issued and sold $112,018 serial bonds vdiich shall mature $5,907 in the year 1990, $5,777 in the year 1991, $5,907 in each of the years 1992 to 1999, both inclusive, $5,822 in the year 2000, and $5,907 in each of the years 2001 to 2008, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to siAdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from October 2, 1968, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $3,938, $3,938, $3,938, $3,938, $3,938, $4,400, $4,400, $4,400, $4,400, $4,400, $4,400, $5,280, $5,280, $5,280, $5,280, $5,280, $5,280, $5,280 and $5,907, frcrni a source other than the process of bonds or bond anticipation notes, were used on the annual anniversary date of the bond anticipation notes issued therefor in each of the years 1970 to 1988, respectively, to reduce outstanding bond anticipation noes of said Town for such pxarpose, such amounts constituting the first nineteen installments of the principal amount of such indebtedness. It is hereby further determined that the sum of $5,907, from a source other than the proceeds of bonds or bond anticipation notes, will be paid on or before March 3, 1989, to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the twentieth installment of the principal amount of such indebtedness. It is hereby fuirther determined that the Town Board Minutes 17 February 13, 1989 further sum of $3,118, from a source other than the proceeds of bonds or bond anticipation notes, will be paid on or before March 3, 1989, to further reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting a voluntary reduction of the principal amount of such inddDtedness. Section 7. Of the $29,000 serial bonds authorized by bond resolution dated Octiiber 23, 1973, for the construction of an addition to the Town of Ithaca Water System, on Coddington Road, to be known as Coddington Road Water Irrprovement Number One, in the Town of Ithaca, Torpkins County, New York, there shall be issued and sold $11,000 serial bonds viiich shall mature $500 in each of the years 1990 to 1993, both inclusive, and $600 in each of the years 1994 to 2008, both inclusive, and shall be consolidated with other issues of bonds of said Town as hereinafter authorized. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, corputed frcm September 18, 1974, the date of the first bond anticipation note issued therefor. It is hereby further determined that the sums of $1,000, $4,000, $1,000, $1,000, $1,000, $1,000, $1,000, $1,000, $1,000, $1,000, $1,000, $1,000, $1,000 and $1,500, from a source other than the proceeds of bonds and bond anticipation notes, were used on the anniversary date of the bond anticipation notes issued therefor in each of the years 1975 to 1988, respectively, to reduce outstanding bond anticipation notes of said Town for such purpose, such amounts constituting the first fourteen installments of the principal amoimt of such indebtedness. It is hereby further determined that the sum of $500, frcm a source other than the proceeds of bonds and bond anticipation notes, will be paid on or before March 3, 1989, to reduce outstanding bond anticipation notes of said Town for such purpose, such amount constituting the fifteenth installment of the principal amount of such indebtedness. Section 8. The serial bonds described in the preceding sections hereof are hereby authorized to be consolidated for purposes of sale into one bond issue aggregating $2,580,000. Such bonds shall each be designated substantially PUBLIC IMPROVEMENT (SERIAL) BCM), 1989, shall be dated March 1, 1989, shall be of the denonination of $5,000 each or any integral multiple there of not exceeding the principal amount of each respective maturity. Bonds may be transferred or exchanged at any time prior to maturity at the Corporate Agency Department of Chase Lincoln First Bank, N.A., in Rochester, New York, (the "Fiscal Agent"), or any successor Fiscal Agent, for bonds of the same maturity of any authorized dencEnination or denominations in the same aggregate principal amount. The bonds shall mature in the amoimt of $120,000 on March 1 in each of the years 1990 and 1991, $125,000 on March 1 in each of the years 1992 to 1997, both inclusive, $140,000 on March 1 in each of the years 1998 to 2003, both inclusive, and $150,000 on March 1 in each of the yeairs 2004 to 2008, both inclusive, and shall bear interest payable on September 1, 1989 and soni-annually thereafter on March 1 and September 1. Such bonds shall bear interest at such rate as may be necessary to sell the same, \4iich rate shall be determined in the manner provided in Section 59.00 of the Local Finance Law. Such bonds shall be in registered frcm and shall not be registrable to bearer or convertible into bearer coupon form. Principal of the bonds will be payable to the registered owners ii^jon surrender of the bonds at the Corporate Agency Department of the Fiscal Agent for the bonds. Interest on the bonds will be payable by check or draft mailed by the Fiscal Agent to the registered owners of the bonds, as shown on the registration books of the Town maintained by the Fiscal Agent, as of the close of business on the fifteenth day of the calendar month preceeding the date of the interest payment. Principal of and Town Board Minutes 18 February 13, 1989 interest on the bonds will be payable in lawful money of the United States of America. The aforesaid maturities constitute the aggregate of the individual maturities of each separate issue, vhich individual maturities are prescribed in the preceeding sections hereof. Such bonds shall be executed in the name of seiid Town by the manual or facsimile signature of the Supervisor, and a facsimile of its corporate seal shall be imprinted thereon and attested by maniaal or facsimile signature of its Town Clerk. The bonds shall be authenticated by the manual countersignature of an authorized officer or employee of the Fiscal Agent. It is hereby determined that it is to the financial advantage of the Town not to ijipose and collect frcm registered owners any charges for mailing, shipping and insuring bonds transferred or exchanged the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 9. The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement with a bank or trust coipany located or authorized to do business in the State of New York for the purpose of having such bank or trust coipany act, in connection with the obligations herein described, as the Fiscal Agent for said Town to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement on behalf of the Town Board of said Town. Section 10. All other matters, except as provided herein, relating to such bonds shall be determined by the Supervisor. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine. Section 11. The faith and credit of said Town of Ithaca, Toitpkins Coimty, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively becotie due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. Section 12. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, vdio shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of said Town, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, v^o shall not be obliged to see to the application of the purchase money. Section 13. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, vAiich resulted as follows: Councilman Bartholf Voting Aye Councilman Klein Voting Aye Councilwcanan Leary Voting Aye Councilwomian Raffensperger Voting Aye Town Board Minutes 19 February 13, 1989 Supervisor Desch Voting Aye The resolution was thereupon declared duly adopted. MATURITY SCHEDULE RESOLUTICaj NO, 36 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca hereby adopt the Maturity Schediale, as prepared by Fiscal Advisors, Inc. (Copy attached to minutes) (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). SEC2R DETERMINATION ON SOUTH HILL TRAIL Supervisor Desch stated that the matter before us is the consideration of the environmental assessment on the matter of the construction of the South Hill Trail. He went on to say that there are some persons v^o would like to speak, not necessarily to the environmental assessment package but to the question of the trial itself. Speaking to George Frantz, he stated that the first step would be for him to walk the Board through this and then we will give those in attendance the opportunity to speak. The Supervisor noted that this was not a public hearing, so he hoped there would not be a long discussion. The Supervisor noted that the Town Planner Susan Beeners indicated to him today that she would like, if the Board approves, to have a public discussion of the details of the plan in the nes^ couple of weeks at a South Hill location. George Frantz, Assistant Town Planner remarked yes, we are intending to have seme kind of public informational meeting on South Hill, possibly at the Coddington Road Cotiraunity Center at seme point in the next two weeks. He went on to say, v^iat we have been working on thus far has been the State Environmental Quality Review Assessment and also the drafting of easements to be submitted to the various property owners to get permission to use their property for the trail. The easonents by the way, this being Hudson Street (indicating on the map) would be frcm Therm Incorporated for the section frcm Hudson Street to approximately this area here, its on the lower railroad grade v^ch Therm owns. We intend to build the trail frcm Hudson Street to about \jh.ere the lower railroad switchback and the middle switchback converge. And then we plan to go up through the lands owned by John Sincebaugh to the upper railroad grade vMch is owned by NYSEG. Our desire is to acquire easenents. As far as going through the Environmental Assessment Form, again basically we do not see any potentially large environmental irtpacts resulting from the project. Basically vtot we plan on doing is constructing a six to eight feet wide paved trail frcm Hudson Street up to the railroad grade at the end of Juniper Drive and then westward to Coddington Road at Hudson Street and continue the paved section eastward to the end of Northview Road. Mr. Frantz went on to say, then frcm this point, (indicating on the map) to Bums Road v^at we intend to do is retain the existing cinder bed at approximately eight foot wide and basically vtot would be a natural type trail, it would not be paved, it would not be all-weather. The reason of course for paving a portion is to make it more an all-weather trail and to allow its use during wet TOWN OF ITHACA TOMPKINS COUNTY, NEW YORK $2,580,000 PUBLIC IMPROVEMENT (SERIAL) BONDS, 1989 PROPOSED BOND PRINCIPAL MATURITY SCHEDILE 20 YEAR SCHEDULE BONDS DATED: MARCH 1,1989 INTEREST PAID: SEPTEMBER 1, 1989 & SEMIANNUALLY THEREAFTER PAID FIRST SECOND FIRST SECOND FIRST SECOND TON ROAD PRINCIPAL ...lAR 1ST SERIES SERIES SERIES SERIES AUTH AUTH WATER PAID 1990 20,015 25,000 16.000 45,000 7,578 5,907 500 120,000 1991 20,000 25,000 17,000 44,145 7,578 5,777 500 120,000 1992 25,000 25,000 17,000 44,015 7,578 5,907 500 125,000 1993 25,015 25,000 16,000 45,000 7,578 5,907 500 125,000 1994 24,915 25,000 16,000 45,000 7,578 5,907 600 125,000 1995 24,905 25,000 17,000 44,010 7,578 5,907 600 125,000 1996 20,000 25,000 16,500 49,415 7,578 5,907 600 125,000 1997 20,000 25,000 16,500 49,415 7,578 5,907 600 125,000 1998 29,915 25,000 21,000 50,000 7,578 5,907 600 140,000 1999 29,915 25,000 21,000 50,000 7,578 5,907 600 140,000 2000 30,000 25,000 •24,000 47,000 7,578 5,822 600 140,000 2001 29,915 25,000 21,000 50,000 7,578 5,907 600 140,000 2002 29.915 25,000 21,000 50,000 7,578 5.907 600 140,000 2003 24,915 25,000 24,000 52,000 7,578 5,907 600 140,000 2004 24,915 30,000 24,000 57,000 7,578 5,907 600 150,000 2005 24,915 30,000 24,000 57,000 7,578 5,907 600 150,000 2006 24,915 30,000 24,000 57,000 7,578 5,907 600 150,000 2007 24,915 30,000 24,000 57,000 7,578 5,907 600 150,000 2008 24,915 30-000 24,000 57.000 7.578 5.907 600 150,000 TOTALS 479,000 500,000 384,000 950,000 143,982 112,018 11,000 2^80,000 V'.v 20000 25000 16000 44010 5052 3938 500 A AX n 30000 30000 24000 57000 7578 5907 600 MAXIM IN 1.5 1.2 1.5 1.30 1.5 1.5 1.2 PREPARED BY: FISCAL ADVISORS. INC. 1117189 Town Board Minutes 20 February 13, 1989 weather. We intend this section to be the more heavily used section of the trail (indicating on the map the western portion of the trail). The only portions that will not be using either the existing railroad bed or an existing track such as the one that is on the Sincebaugh property right now is this short section here (indicating on the map) and the short section at the end of Bums Road vdiere we propose to widen that narrow trail up to the top of Bums Road. David Carr, 674 Coddington Road stated that he had a few brief questions he would like to ask. He stated that he was quite concemed about this. Mr. Carr stated that vtot he would like to know if this would come within the scope of this, v^ere will this bike path originate, vdiere will it end? Mr, Frantz replied, the lower end is going to end at Hudson Street, the comer of Hudson Street and Hillview within the City. Here (indicating on the map) and then the upper end at Bums Road. Those are the three ends of it. Now there is going to be access, of course, frati the end of Juniper Drive here also and access in this area here (indicating on the map) the right-of-way of either Pearsall Place, Hawthome Place or Crescent Place is adjoining the trail and there will be access there. Mr. Carr stated that he would like to point out just one thing. He stated that it was his understanding that this portion that we are talking about right here is jiist a portion of a bike path that is going to originate at Cass Park, eventually and also go to Taughannock, am I correct in assuming that? George Frantz replied, it's a hc^. Supervisor Desch added, that's a State project, incidentally. Mr. Cairr continued saying that he understood that. So you have a problen of crossing the inlet with a bridge of satie description. Then there is consideration of widening Route 13. He stated that he had talked to seme City officials today and got seme additional information that he was not aware of. They are in the future considering opening up 13 past Buttermilk Park vdiich is going to put another obstacle in the bike path, taking out the old bridge abutments vdiich will be a sinple bridge at this point in time if the road was widened we are talking a two lane bridge for bicycles. Have any of you gentlemen or ladies heard of this? Supervisor Desch replied, he did not know how much background to give. For quite a long ^ile there has been basically a three way agreement between the State, the City and the Town with the State being the driving force to put in the State budget vMch has been in there for scmetime but there have been problems getting access to certciin parcels in the City. The plan has moved around, at one time it was on the west side of the inlet. Now they are talking about putting it on the east side of the inlet and building yet another bridge in addition to the one you are talking about. So that's a fairly xmsettled situation. Mr. Carr remarked, at this point in time we can say with reasonable certciinty frcm Cass Park to the Hudson Street area, that's in limbo Supervisor Desch replied, right. There is a desire to do that but whether it will happen is a question. Mr. Carr continued, the ultimate goal of this is to make a loop bike path or interconnecting bike path. Tcjwn Board Minutes 21 February 13, 1989 Supervisor Desch replied, there is a desire to have a way so that bicycles and pedestrians can get frcm South Hill to Inlet Valley. Mr. Carr replied, this is v^iere people frcm South Hill are opposed to an interconnecting bike path going through our property. He stated that he also had seme estimated costs above and beyond the $104,000 that was in the paper. He asked if someone could briefly explain to him vdiat that $104,000 entails. Is that from Juniper to Bums or v^ere? George Frantz replied, we have spoken with the State Parks people.... Mr. Cam added, v^o have said they are in support of it but they won't give you any money. Mr. Frantz replied no, this is different, he stated that he was talking about the connection between Cass Park and Buttermilk. They do plan to bridge Route 13 and they are also aware of the City's plan to remove the abutments. Mr. Carr replied that he was sure that all in this rocM are aware of v^t the cost of a bridge over Route 13 would be. Do you think at this time it's an appropriate thing to do with the taxpayers money? He stated that he knew it wasn't even here yet but due to the budget canmch as it is. Mr. Frantz replied, that project is something that was initiated by the State Parks and we are interested parties in it. Mr. Carr replied, not to hold it up but we are concerned with this part right now. Supervisor Desch remarked, your question is should or should the Town not lobby for or against the State's project not this one. That's a different issue. The Assistant Planner continued saying that as far as our budget we developed it, we broke it out according to trail section and for instance the section from Hudson Street to the City line \diich would include clearing and grubbing, grading, pavement and landscaping and signage and the like, we estimate that to be about $9,000. He asked if there was any particular section that Mr. Carr was interested in? Mr. Carr replied, all the way from v^re it's starting to \diere it's ending. The Assistant Planner replied, the City line, the Town/City line here (indicating on the map) up the hill to Juniper and east to the east end of Northview Road we estimate that to be approximately $25,000. Northview Road to Bums Road we estimate that to be approximately $18,000. And then the spur from Juniper Drive to Coddington Road approximately $19,000. So that subtotal comes to about $70,000 plus or minus. Mr. Carr replied, the article in the paper, two or three weeks ago, was in the neighborhood of $104,000 with the understanding that a portion of that was a State Grant, he asked if he was correct in that? Mr. Frantz replied, yes. Mr. Carr added, which is still our money. Tcwn Boaird Minutes 22 February 13, 1989 Mr. Frantz went on to say, let itie explain scmething. Of that $104,000 we budgeted about $19,000 as sort of a contingency should we have to acquire land and the rest of that is various project design and administration. The $104,000 he thought might be high. Supervisor Desch added, of the local share of the vdiole project much of the local share, other than materials blacktop, cinders, vtotever, will be characterized as in-kind seirvices. In the case of this project, probably there will be National Guard labor utilized to save on the local share of the cost so the actual out of pocket e3^)ense for the v^ole project will be substantially less. Mr. Carr replied, the $104,000 he was sure all his neighbors were concerned with it but the bottom line is we are opposed to it so v^at he was asking was questions obviously in support of their position. Mr. Carr asked, is it still in the planning stage for the sewer line to be considered or run out the railroad bed because of the reverse pitch of the road, being Coddington Road with Troy going southeast? Supervisor Desch replied, there are no imnnediate plans for a sewer line that would run within this ri^t-of-way but it is a natural place, it may not icun right in it but it could be right next to it. It is a natural place v^en and if sewer is needed to serve that v^ole ai^ but it's not, he stated he hated to use the phrase in the foreseeable future but it' s five years or more. You are talking about hundreds and hundreds of acres of undeveloped land there. If that beccmes developed the developers vdio develop that land are going to have to put large parts of the sewer in. So the answer is no. Mr. Carr went on saying that he would just run through the questions and he felt the Supervisor could help him in answering them because he was not alone here and being a little bit ignorant on the situation until you read about it or hear about it by word of mouth. Liability insurance on the people using the right-of-way, v^o stands the cost of that? Supervisor Desch replied, liability insurance is very low on the existing trail, for example the East Hill Bikeway and etc., he stated that he would not say it was trivial but its's himdreds of dollars and not thousands of dollars, Mr. Carr continued, and all of us are concerned with security. S\:pervisor Desch added, it would increase understandly if this were done. Mr. Carr agreed stated that they all understood that. We are all concerned with security and law enforcement and the ability for law enforcement agencies to get to the area in the event and an individual v^o is not here tonight told me it is on record a couple of cases on the other bike path of two burglaries in direct relationship to the bike path that was used as a means of escape. That's a major concern of all of the neighbors, security. He went on to say that there was another one that bothers all of us and that is future restrictions it is the understanding that once if this thing were to pass there would be no motorized vehicles allowed on it. Now on this petition he had here with him there were numerous people v^o own land on both sides of the railroad bed v^ch would include tractors, not only snowmobiles or motorcycles v^ch seme are opposed to and he could understand that. In one fom he was opposed to them also but it would prohibit under the law, if it was brought to be, certain landowners not being able to cross the right-of-way with a motorized vdiicle. Town Board Minutes 23 February 13, 1989 Si:5)ervisor Desch replied that he was not aware of this, he asked if this was correct or not correct? Mr. Carr replied, that was a statement he took fron the Ithaca Journal. Mr. Frantz replied, the general Town Park regulations ban the use of motor vehicles on the bikeway, however, he did not know how the Town could bar people vho for a hundred years crossed a railroad right-of-way from continuing to do that. Sv^Dervisor Desch asked Mr. Caio: if these weren't fron designated locations, in other words wouldn't it be pretty easy to identify v^re those locations would be. Certainly he felt farm tractors would be no problem. Mr. Carr replied, yes you could do that. As a sportsman he was concerned from a hmting aspect vtoch is private property adjoining both sides which he enjoys hunting on. He stated that he certainly did not want to shoot a bicycler or a skier and he did not want to be run over by a bicycler either. That's a concern of his and his son and certain people. Other people are concerned about their own property. There are numerous people not here v^o signed this petition that we have all e3q)erienced individuals caning up into oiar yards just because we have mowed areas down to the track and we can foresee nothing but a multitude of them coning up through. Mr. Frantz replied, our thoughts on that and in fact in this in regard to tractors and alike we are aware that there are three or four or even possibly five farm roads that do cross the right-of-way and our plans for those points were to put up farm gates basically \^ch would bar people fron the trail from going on to private property but also allow the landowners the right to cross the trail. In places \ihere we know there are paths caning down from private properties onto the right-of-way we intend to put sane sort of garden type gate with sane sort of, again we have thought a lot about these but we haven't put our ideas on paper, but again we do intend to have some sort of gate and some sort of signage vMch would tell trail users that they are trespassing on private land, no admittance, Mr. Carr went on to say that one of the things that concerns all of them is vhere it originates off Hudson Street. He stated that he could foresee parking problems for people driving to a given area and then skiing to Bums Road and you are also going to have a parking problem on Bums Road vtoch is next to Mr. Hilkers house. He stated he was sure Mr. Hilker would love to have them in his yard. Bill Hilker, 277 Coddington Road replied that he had that problem alreac^. Mr. Hilker stated that he planned address this later. Mr. Carr continued to say that they were concemed about the impact on developing, say that the sewer does cone out through here seme day and as Southhillers we are all aware of the fact that because of the lack of sewer there are sort of restrictions on v^t we can develop out there. We don't want to contaminate the reservoir obviously, any more and we would like to know seme answers on that. If in fact this meeting is going to take place within the next couple of weeks or so and the Town Planner is going to schedule it we would like to Supervisor Desch added, having these questions and any others that come up between now and then related to George Frantz would be very helpful because that way we will be more prepared v^ien that meeting ccmes. Town Board Minutes 24 February 13, 1989 Mr. Carr continued, saying again he had the petition there are 66 signatures on it, landowners. This is essentially all of the people from Hudson Street, the intersection of Hudson and Coddington, Pennsylvania, Kendall Avenue, Ooddington Road, all the way to Bums Road they are all the signatures vAio in one form or another are opposed to the bike path. Certain aspects si:pport it seme are opposed but generally the petition is in opposition. Mr. Carr stated that he would file the petition with the Town Clerk. He then asked if there was anyone frcm South Hill v^o had anything they would like to point out? Supervisor Desch stated that the meeting would be in the newspaper and he would make sure the residents get notice of the meeting. Bill Hilker stated that his points were addressed directly to the SEQR provision that was done. He stated that he had read it and analyzed it and he found seme things in it that cause him real concern. The first thing is, throughout the document they state that the present use is as trails. There is no present use of that area. Anybody vdio is using it is using it without authorization and it should not be so stated in the document that there is a present use for that and it's in at least four times, the manner it seems kind of riding on the coat tails of the present use v^iich is not in existence. The second item is the Ag District. It's stated that it's something like 600' away frcm an Ag District, it's actually about 50' frcm an Ag District. Sv^jervisor Desch asked, is this the current Ag District, it's consolidated right? Mr. Hilker replied, it's iry property. Supervisor Desch replied yes but it was District 8 but wasn't that consolidated with the other district? Mr. Hilker replied, it has he thought switched over or it's in the process of being switched from one district to another. Supervisor Desch replied, but you are saying the boundaries are the same. Mr. Hilker replied, the boundaries are the same. Assistant Town Planner Frantz asked Mr. Hilker if vtot he was referring to was on page 3? Mr. Hilker replied, yes it is on page 3, number 18. Mr. Frantz replied, actually v^t we are saying is that it does abut the Ag District. Supervisor Desch added, 900' of it abuts the Ag District. Mr. Frantz replied, a couple of these parcels in here. Mr. Hilker replied, it says no though. Is the site located in it or is not. It does not specify that it abuts. Si:5)ervisor Desch replied yes it does but it is confusing. Mr. Hilker replied okay then he had misread it. Mr. Frantz replied we were confused on this question, is it in the Ag District or is it not. Town Board Minutes 25 February 13, 1989 Mr. Hilker continued saying he was cxDnfused about the project size. You say the trail is 4.15 acres but the total project is 25 acres. Can that be clarified? Mr. Frantz replied, vtot we did was basically take the length of the trail and multiply it by 10' of width to get the 4.15 acres. Mr. Hilker continued saying that one of the things that bothered him the most was the parking isstie. It's stated in here in five different places that parking is not a problem. But on the Bums Road end he stated that he could assure everyone here that it is a major problem. First of all we have a road that, he stated that he had already been to the Board and the Board has already investigated and knew vAiat kind of bad situation we have out there. There are not shoulders on the road, there are no places for people to park. There is one little pull off right now viiere maybe two or at the most three people can park. They are parking with their cars partly on the road. It's a blind comer v^ere this trail ccsnes out so that nobody can see around the comer to see vdiat is caning, it's a blind comer for people caning off the trail onto the road. This last weekend there was as many as seven and eight people trying to park along there, on the road, off the road, everyvdiere and this is without it being pranoted as a trail. He thought the SEQR was caipletely deficient in not addressing the parking issue and making appropriate parking allowances for this trail. Mr. Frantz replied, we don't, at this time, tend to have parking. Mr. Hilker asked, v^iere are the people going to go? Mr. Frantz replied again, the idea is that the trail would serve the people along it, the property owners and most of the users in this area (indicating on a map) and so we don't see a lot of trail users driving to use the trail and we don't want that to hajpen. Mr. Hilker replied, it's happening now and that's without inprovement. Mr. Frantz replied, is the problem then how to do this in a way that discourages parking on Bums Road? Mr. Hilker replied, then you discourage the use of it. It's not addressed in here and it should be addressed in here. Which brings him to another point vMch relates to it, the Zoning issue a trail is not a permitted use within any of these zones and it will take special district usage to put in a trail as it would for anybody else. There is no provision that he knew of and he stated that he had read the Zoning Ordinance quite well. Tcwn Attomey Bamey ronarked we talked about this. If you read the Zoning Ordinance you will find no v^ere in the Zoning Ordinance vAiere you can put in roads either or sidewalks. Mr. Hilker ronarked, so you are saying this would not require a special district? The Tcwn Attomey replied, we don't think so. Supervisor Desch remarked, the other way to look at this is that the alternative would be to have a bikeway along Coddington Road itself v^ich would be a feature of the roadway v^ch would be very, very costly. It would be helpful but it would be extremely costly. Mr. Carr remarked that Mr. Frantz had said "the intended use of" would be for the people in this area. Well, unfortunately the Tcfwn Board Minutes 26 February 13, 1989 people in the area vto use it are n^self, the neighbors and numerous others who would liJce to see us off of there vAio have been there for forty-seven, forlY~ei^t years. He stated that he was not about to leave. He stated that he thought the Town was putting the wagon ahead of the horse. This was his opinion. Why build a bike path from Hudson Street to Bums Road for the intended use of a certain minority on South Hill that someday could possibly connect with Cass Park, if the funds are available. He thou^t we might, if you ladies and gentlonen would consider, if you are going to start a bike path lets start at the origin and build it right. He stated that he would not be opposed, that much, to a bike path if it was built from Cass Park and a person could get on his bike and ride from point "A" to point "B" in an orderly fashion with proper facilities but this is just a bit ridiculous in his eyes. Mr. Frantz replied, vtet we are looking at here, \^t is here now. There are people on this side of Coddington Road (indicating on the map) that we don't show access vMch will have access. We are looking right now, today, at between 4 and 5 thousand people in this area of South Hill and he thought they were also looking at future populations. This is but one link. We talk about the Cass Park link, there is also another link that we are developing which will start in the residential areas at the top of King Road vicinity v^ch we hope to connect down to Coddington Road and this trail. So really we are looking at quite a network and the idea is that it will be a network of trails vtoch will sei^e, they will be public parks of course and anybody can use them, but the idea is to have a trail that will be used by predominately the local residents. Mr. Carr ronarked, there are 66 signatures on the petition, please read them over and when we have the meeting at the Community Center he felt the Board would see the people there. Mr. Hilker remarked, along with viiat Mr. Carr was saying he stated that he lives right on that raiilroad track and he sees vtot goes it. The only usage to any major extent are the local people \^o run their motor bikes on there and run snowmobiles on there and if this trail is designed for the people to use those are the ones that you are intending to exclude one hundred percent and those are the people v^o are out there. The ones that are actually using it, so v^t you are saying in essence with this is stating that the trail is for use by people other than those in our area and excluding those that live out there from the use they have predominately been using it. He stated that the other item he wanted to bring up is that on the Bums Road end it stated in here that there is a 10 to 20% grade to Bums Road. The present grade right now is scmewheres around 45% if it is extended to a medium grade v^ch may be could get to about 30% to get up that bank it's right on the edge of a 50' drop off into a rock revine and that is something that is a very dangerous situation. Maybe put up a guard rail or something. Mr. Frantz remarked, in the back v4iat we have done is we do have a survey of that area already, v^ere that trail is now.... Mr. Hilker remarked, that's about a 30% grade vdiere the trail is now. At least a 30% grade. Mr. Carr asked the Board to do some thinking, please. Supervisor Desch asked the Board vhat their pleasiore was and was there any questions on the EAF, at this time? Councilwoman Raffensperger replied that she thou^t the Board should ask the staff to address seme of the questions that have Tcwn Board Minutes 27 February 13, 1989 been presented and will obviously be presented at another meeting on the Environmental Assessment Form and the vAiole project. Tcwn Attorney Barney reminded the Board that there was a time limit. Supervisor Desch stated that he thought the Town Planner was going to ask for an extension. The Assistant Planner did not know if this had been done. SET DATE FOR PUBLIC HEARING TO OONSIDER THE REZONING OF THE PROPOSED INDIAN CREEK RETIREMENT COMMUNITY, TAX PARCEL NUMBERS 6-24-1-23 AND A PORTION OF 6-24-1-32 TO SPECIAL LAND USE DISTRICT RESOLUTIC^ NO. 37 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Tcwn of Ithaca will meet and conduct a public hearing at 7:00 P.M., on M^ch 13, 1989 to consider the rezoning of the proposed Indian Creek Retirement Ccraraunity, Tax Parcel Numbers 6-24-1-23 and a portion of 6-24-1-32 to Special Land Use District. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). SCHEDULE PUBLIC DISCUSSION MEETING WITH CONSULTANT Supervisor Desch remarked that the last he knew the Town Planner was not sure March 1st would be the proper date. It may be a few days too early. He told the Board to be aware of the pending meeting scmetime in early March. APPROVE PIANS/SPECIFICATIONS FOR FIRE STATIONS RESOLUTIOJ NO. 38 Motion by Councilman Bartholf; seconded by Councilwcman Leairy, WHEREAS, the construction drawings and specifications have now been ccmpleted and bidding schedule established, and WHEREAS, the architect has prepared the bid form to enable the owners to select alternatives that may keep the project within the budget approved in May 1988, namely $3,330,000, and WHEREAS, the Town share of these costs will be approximately $2,000,000, NOW THEREFORE BE IT RESOLVED, that the construction documents are hereby approved subject to the following: 1. A Construction Management Subccnmittee of the BPW is established with appropriate Town representation to provide efficient project management for this capital project. 2. The sanitary sewer serving West Hill Station will be funded as a joint City/Town project incorporating the $25,000 Cornell share toward the total estimated cost of $40,000. Town Board Minutes 28 February 13, 1989 (Desch, Raffensperger, Baartholf, Leary and Klein voting Aye. Nays - none). HlGtma DEPARPrnT PROMOTIC»JS Supervisor Desch stated that items #25 and #26 will be referred to the personnel ccximittee but a portion of item #26 needs action tonight because of a time constraint. RESOLUTION NO. 39 Motion by Supervisor Desch; seconded by Councilman Bartholf, WEffiREAS, Carolyn Dickens, tertporary part-time Highway Administrative Assistant has completed six months with the Highway Department, and WHEREAS, the Personnel Ccmmittee has not yet met to consider the permanence of this position, NOW TEJEREPORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby recommends that Carolyn Dickens be continued as part-time temporary Highway Administrative Assistant through March 1989, by vdiich time the Personnel Ccmmittee will have been able to consider the continuation of this position. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). EXTENSION OF DATA ENTRY CLERK FOR JUDGE WAT.T.FNBECK RESOLUTION NO. 40 Motion by Councilwanan Raffensperger; seconded by Councilman Klein, WHEREAS, Judge Wallenbeck has a continuing need for a data entry clerk to update and maintain his computer files, and WHEREAS, the person providing this support during 1988 did not work the total number of hours authorized, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby authorize the position of temporary Data Entry Clerk be continued through March 1989 at the rate of five hours per week, $5.00 per hour, and to be reviewed at the April meeting. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). PARTICIPATIOJ IN CORNELL SUMMER JOB NETWORK RESOLUTION NO. 41 Motion by Councilman Bartholf; seconded by Coxmcilwcman Raffensperger, WHEREAS, there is a need for additional skilled ertployees during the suirmer months in the engineering, planning and parks departments, and WHEREAS, the TOwn of Ithaca has an opportunity to participate in the Cornell Sumnner Job Network (formerly Cornell Tradition) vdiereby Cornell students can work for the Town, in jobs relevant to their Town Board Minutes 29 February 13, 1989 course of study, and the Town would be reimbursed for 50% of their salaries, NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approve the stployment of three to four students through the Cornell Summer Job Network in the following areas; Planning Aide - Planning Department - salary $5,00 - $6.00/ hr. to charged to account B8020,100 Planning Personal Services. (Funds were included in 1989 budget). Engineering Aide - Engineering Department - salary $5.00 - $6.00/hr. to be charged to account A1440.100 Engineering Personal Services. (Funds were included in 1989 budget). Period of enployment; May 18, 1989 to August 23, 1989. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). CORNELL QUARTERS WALKWAY AGREEMENT Supervisor Desch asked the Town Attorney if he had the agreement. Town Attorney Barney replied that it wasn't on the agenda but he did have the agreonent. He stated that basically it was the voluntary contribution by Cornell of $10,000 towards the cost of constructing a walkway running from the Town/City line to the Cornell Quarters facility and then from the East line of the Cornell Quarters facility to the East Hill Shopping Plaza. Councilwcman Raffensperger asked, what percentage of the estimated cost does that reflect? Town Attorney Barney replied that he did not know if the Town had a firm figure but $26,000 sticks in his mind. Assistant Planner Frantz replied that he thought the figure was $22,000, total. Supervisor Desch renarked that he thought the Cornell part was about half the distance and half the cost. The Town Attorney went on to say that they have drafted another agreement based on the Cornell Agreement with the Ide's developers and they are contributing $3,000 towards the cost. Mr, Frantz replied yes. Cornell was 45%. Town Attorney Bamey remarked that the Cornell contribution was to be returned to Cornell if the sidewalk was not constructed by December 31, 1994. RESOLUTION NO. 42 Motion by Councilwcman Raffensperger; seconded by Coimcilwoman Leary, RESOLVED, that the Town Board of the Town of Ithaca hereby authorizes the Supervisor to execute both of the agreements (Cornell University and Ide's developers) on behalf of the Town. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). Town Board Minutes 30 February 13, 1989 WINNER'S CIRTTiF. EASEMENT Town Attorney Barney reniarked that vrftien the Board accepted the roads it went back to the Planning Board and there was scane discussion about drainage and there is apparently now a culvert under Route 79 vtoch now drains down across the property. This drainage way will continue and drain down through a ditch along the side of the road. There is a 15* easement that is being taken for trail purposes but now we want to also dedicate an easement for drainage purposes as well. The Planning Board was concerned that the Town ought to have the ability to go in there and maintain that easement. In order for Mr. Paolangeli to get his first building permit the Board needs to give their approval to accept that drainage eas3[nent. Councilwcman Raffensperger asked if this was part of the package that has satisfied Mr. Sweet's concerns about drainage? Town Attorney Barney replied that he co\ild not answer that because he did not know Mr. Sweet's specific concerns but the drainage as designed here will be no different in terms of quantity and volume then it would be without any developnnent. RESOLUTION NO. 43 Motion by Supervisor Desch; seconded by Councilwcman Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca hereby approve the 15' drainage easement for the Winner's Circle developnent, as proposed by the Planning Board. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). Supeirvisor Desch remarked we have left the Planning Board matter, the Town Board matter, the other Executive Session matter and the warrants, he asked -^e Board vdiat their pleasure was on the schedule? Councilwcman Raffensperger replied, let's do the warrants, the Town Board vacancy and then our Executive Session. Supervisor Desch replied that he would like to see the Board do the Executive Session before iton #29 because there is a relationship. Councilwcman Raffensperger remarked, there is? Supervisor Desch replied, there is a relationship between the procedure involved with the Planning Board and the procedure jlnvolved with the Town Board, appointment. Councilwcman Leary remarked that given the public concern over the Planning Board procedure she did not think this should be discussed in Executive Session she felt it was a public matter. The Planning Board appointment she did not see as really a personnel matter it was more of a public officials matter. Supervisor Desch replied, the problem is you have not only the individuals vto are applying for the position, be it the Planning Board or the Town Board, but you have have the members of the Board themselves so you talk about personnel, you have both people who are on the appointed body and people v^o are interested in beconing appointed. It does become a personnel matter either way. Town Board Minutes 31 February 13, 1989 Councilwoman Raffensperger asked, how about if we do indeed, because it has been requested, go into Executive Session to discuss those matters that appropriate in Executive Session. We will ccare back to public session and then we can discuss in public all of those matters that are appropriate to discuss in public? EXECUTIVE SESSION RESOLUTIOa NO. 44 Motion by Supervisor Desch; seconded by Coimcilman Bartholf, RESOLVED, that the Town Board of the Town of Ithaca moves into Executive Session for the purpose of discussing the personnel matters related to both the Town Board and the Planning Board vacancies. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). OPEN SESSION RESOLUTION NO. 45 Motion by Coxmcilwcman Raffensperger; seconded by Councilman Klein, RESOLVED, that the Town Board of the Town of Ithaca hereby moves back into Open Session. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none) PLANNING BOARD VACANCY Supervisor Desch stated that the Board discussed the issue of the particular vacancy on the Planning Board that is before us and the Board has talked about the desirability of taking another look at the procedure involved with respect to future Planning Board ajpointments and the idea being that it would be desirable early in the process, v^en a vacancy occurs, to give the public an opportunity to give it's input. And also give the candidates an opportunity to perhaps, this is all preliminary subject to discussion probably with a small ccmnittee of ccmbined Planning Board and Tbwn Board membership, would give the candidates an opportunity to give a public interest statement about \^y they are interested and what their background is, etc., and then probably the Planning Board would interview the individual candidates in Executive Session and the reccanranendation would cane forward to the Town Board. In any event, with respect to the current matter that is before us and that is the reconnendation to appoint Mr. Stephen Smith to the Planning Board he stated that he was going to move that that be adopted and we have discussed doing that, also other possibilities of going back to the Planning Board, interviewing at the Town Board, etc. Councilwonan Raffensperger added, the understanding is that there will a ccnmittee that will work on procedures v^ch will enhance public input into the \diole procedure of vacancies on the Planning Board, Board of Zoning i^jpeals, etc. Councilwonan Leary remarked that the only thing she wanted to say was that members of the public wrote the Town Board letters in support of certain candidates for the appointment and the Planning Board wasn't aware of it and she thought the perception of the Town Board Minutes 32 February 13, 1989 public was. rightly that the Town Board makes the appointment and she thought the way she was going to vote just reflects her opinion on v^o should be appointed and she did not think it should be autcraatic just because the Planning Board makes a certain recomnendation, the Town Board doesn't have to rubber stamp it. The Town Board does make the appointment and we do have to use our own judgement. RESOLUTION NO. 46 Motion by Supervisor Desch; seconded by Councilvonan Raffensperger, RESOLVED, that the Town Board of the TOwn of Ithaca hereby approves the appointment of Stephen Smith to the Town of Ithaca Planning Board, for a term of seven years, ending Decotiber 31, 1995. (Desch, Raffensperger, Bartholf and Klein voting Aye. Nays - Leary). TOWN BOARD VACANCY RESOLUTION NO. 47 Motion by Councilwcman Raffensperger; seconded by Councilman Klein, RESOLVED, that the Town Board of the Town of Ithaca hereby appoint John Whitccmb to fill the vacancy on the Town Board as of February 15, 1989. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). TOWN OF ITHACA WARRANTS RESOLUTION NO. 48 Motion hy Councilman Bartholf; seconded by Councilwonan Raffensperger, RESOLVED, that the Town Board of the Town of Ithaca herely approves the Town of Ithaca Warrants dated February 13, 1989, in the following amounts: General Fund - Townwide $77,517.93 General Fund - Outside Village $47,686.80 Highway Fund $55,138.28 Water & Sewer Fund $25,805.60 Capital Projects Fund $ 5,449.45 Lighting District Fund $ 441.28 (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). BOLTCaJ POINT WARRANTS RESOLUTION NO. 49 Motion by Supervisor Desch; seconded by Councilman Bartholf, RESOLVED, that the Bolton Point Warrants dated February 13, 1989, in the Operating Account are hereby approved in the amount of $121,623.99 after review and upon the reccnmendation of the Town Board Minutes 33 F^ruary 13, 1989 Southern Cayuga Lake Intemunicipal Water Conmission, they are in order for payment. (Desch, Raffensperger, Bartholf, Leary and Klein voting Aye. Nays - none). ADJOURNMENT The meeting was duly adjourned.