HomeMy WebLinkAboutTB Minutes 1986-12-08 TOWN OF ITHACA
REGULAR BOARD MEETING
December 8 , 1986
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Offices at 126 East
Seneca Street , Ithaca , New York , at 5 : 30 P .M . , on the 8th day of
December , 1986 , there were :
• PRESENT : Noel Desch , Supervisor
Henry McPeak , Councilman
Shirley Raffensperger , Councilwoman
Marc Cramer , Councilman
Gloria Howell , Councilwoman
Robert Bartholf , Councilman
Patricia Leary , Councilwoman
ALSO PRESENT : Robert Flumerfelt , Asst . Engineer
John Barney , Town Attorney
Norbert H . Schickel , 413 Wildflower Drive
Beverly Livesay , Board of Reps
Representatives of the Media :
James A . Gernay , WI'KO
Dem. Ross , WHCU
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
REPORT OF TOWN OFFICIALS
Supervisor ' s Report
PA System
Supervisor Desch reported that Michael Ocello had installed two
microphones in the ceiling and a recording system which will allow
Board members and the public to speak directly . This will be a
great help to the Planning Board , Zoning Board of Appeals and the
Town Board ,
Ithaca Area Wastewater Treatment Facility
Supervisor Desch reported that the construction of the Wastewater
Treatment Facility was moving along on schedule , depending on whose
schedule . The problem is the remaining old plant can ' t be
demolished until the new paint is on line . This was not taken into
• consideration in DEC ' s schedule .
Official Statement
Supervisor Desch noted that the Official Statement has been mailed .
Bids will be open this Friday and we will be going to New York City
on the 19th to sign the notes . He stated that he expected the
interest rate to be 4 % or lower . The rates should be good as there
is a lot of interest .
Assistant Town Engineer ' s Report
TOWN PLANNING - REPORT
Susan Co Beeners
Town Planner
December 8 , 1986
Ongoing review of development and other_ proposals ( see attached
agendae ) .
Met with Thomas Niederkorn and others on West Hill land use .
Attended Computer Seminar ' Association of Towns ) in Lake George ,
Spoke to. Cornell Landscape Architecture u,ndergrads in
Professional Practice seminar .
Landscape planning / design : Dates Drive , Pleasant Grove Road
( Petrillose bank ) .
In process : land use / environmental studies - South Hill .
CLEARS final field check : December 16 . Final maps will be
available Dec . 31 - Jan . 15 .
Town Board Meeting 2 December 8 , 1986
Assistant Town Engineer Robert Flumerfelt stated that the Board had
a copy of his written report . (Copy attached to minutes ) .
REPORT OF COUNTY REPRESENTATIVES
Beverly Livesay , Tompkins County Board of Representatives reported
that the Master Plan for the updating of the Airport has been
approved by the Committee . She went on to say that a map had been
published in the Ithaca Journal showing the areas where landfills
might , or could , be located . She suggested that the Board keep
tabs on the areas shown in white or gray .
• EAST HILL CIRCULATION COMMITTEE REPRESENTATIVES
Supervisor Desch reported that the East Hill Circulation Committee
would be meeting on December 15th . He stated that if anyone was
interested in serving on this committee , they should let Jean
Swartwood know .
BUDGET AMENDMENTS
RESOLUTION N0 .
Motion by Councilman Cramer ; seconded by Councilwoman Howell ,
WHEREAS , the Town Board of the Town of Ithaca has ordered
demolition of the ruins known as the "Old Knight ' s Meat Market " ,
and
WHEREAS , bid for this demolition was awarded in the contract sum of
$ 12 , 870 , and
WHEREAS , this sum is to be recovered from the property owner by
including this amount on the property owner ' s 1987 taxes ,
NOW THEREFORE BE IT RESOLVED , that the 1986 budget be amended to
Properly account for the recovery of these demolition expenses in
the current year as follows :
Increase General Fund Outside Village estimated revenues and
establish revenue account B1570 Charges for Demolition of Unsafe
Buildings in the amount of $ 12 , 870 , and
Increase General Fund Outside Village Appropriations and establish
expenditure account B7140 . 403 Knight ' s Demolition in the amount of
$ 12 , 870 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
PERMANENT APPOINTMENT - HIGHWAY PERSONNEL
RESOLUTION N0 .
Motion by Councilman Cramer ; seconded by Councilman Bartholf ,
WHEREAS , two additional highway laborer positions were approved as
Part of the 1987 Town of Ithaca budget , and
WHEREAS , Larry Salmi has been a temporary highway laborer since
June 24 , 1985 at a salary of $6 . 00/hour and Raymond Manning has
Town Board Meeting 3 December 8 , 1986
been a temporary highway laborer since July 7 , 1986 at a salary of
$ 6 . 00 /hour ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that the two above named individuals be appointed as
permanent highway employees effective January 1 , 1987 , with full
health , retirement , sick and vaction benefits at a salary of
$ 6 . 30 /hour for Larry Salmi and $ 6 . 20 /hour for Raymond Manning .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
• DESIGNATION OF 1987 FLOATING HOLIDAY
RESOLUTION N0 .
Motion by Councilwoman Howell ; seconded by Supervisor Desch ,
WHEREAS , a floating holiday is included as part of the Town of
Ithaca holiday schedule , and
WHEREAS , a poll was taken of all Town employees requesting that
they indicate when they would like to take the floating holiday in
1987 and the majority of employees specified December 24th as their
preference ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorizes that December 24th be approved as the
Town ' s floating holiday for 1987 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
REFUND ON WATER ACCOUNTS
RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
WHEREAS , a meter reading error was made on the June 1 , 1986 water
bill by the customer ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 92 . 47 for water , $ 15 . 72 for
water surcharge and $ 66 . 54 for sewer , total refund of $ 174 . 73 be
made to Richard Essen , 153 Northview Road , Account Number
164-0119983 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
RESOLUTION N0 .
• Motion by Councilman Cramer ; seconded by Councilman Bartholf ,
WHEREAS , Michael Horan made a double payment on his September 1 ,
1986 water bill ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 120 . 34 for water and $ 20 . 46
for water surcharge , total refund fo $ 140 . 80 be made to Michael
Horan , 119 Burleigh Drive , Account Number 186- 0213753 .
Town Board Meeting 4 December 8 , 1986
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
RESOLUTION N0 .
Motion by Councilman Cramer ; seconded by Councilman Bartholf ,
WfLEREAS , Sharon Hanslick made a double payment on the June 1 , 1986
water bill for the property located at 111 Pineview Terrace ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 18 . 63 for water , $3 . 17 for
water surcharge , $ 14 . 67 for sewer , $ 2 . 18 for water penalty and
• $ 1 . 47 for sewer penalty , total refund of $ 40 . 12 be made to Sharon
Hanslick , 364 West Hill Road , Painted Post , New York , 14870 ,
Account Number 164-0121223 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
DELINQUENT WATER AND SEWER CHARGES ON THE 1987 TAX ROLL
RESOLUTION N0 .
Motion by Councilman Cramer , seconded by Councilman McPeak ,
RESOLVED , by the Town Board of the Town of Ithaca that delinquent
Town of Ithaca water and sewer bills in the amount of $ 10 , 720 . 851
Village of Cayuga Heights sewer rent charges in the amount of
$ 6 , 202 . 56 ; delinquent customer water repair bills in the amount of
$ 90 . 00 and delinquent court costs in the amount of $ 14 , 413 . 73 , be
added to the tax roll for 1987 , as a lien against the properties
involved , and to become due and collectible as part of the tax
bills for the Town of Ithaca which will be mailed to property
owners on December 31 , 1986 , and which will become due in January
of 1987 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
TIME AND DATE OF ANNUAL MEETING
RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct the year end business at 10 : 30 A . M . , on Wednesday , December
31 , 1986 , at the Town Hall , 126 East Seneca Street , Ithaca , New
York .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
• voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER LOCAL LAW ON THE REZONING
OF LAND OF PAUL A . JACOBS , LOCATED AT 136- 146 SEVEN MILE DRIVE
RESOLUTION N0 .
Motion by Supervisor Desch ; seconded by Councilman McPeak ,
Town Board Meeting 5 December 8 , 1986
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 00 P . M . , on January 12 , 1987 to
consider a local law on the rezoning of lands of Paul A . Jacobs ,
located at 136-146 Seven Mile Drive from Residence District R- 30 to
Residence District R-5 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER LOCAL LAW ON THE REZONING
OF A PORTION OF THE LANDS OF THE FORMER GRAND LODGE AND FORMER
INFIRMARY OF THE INDEPENDENT ORDER OF ODD FELLOWS , LOCATED AT 1251
TRUMANSBURG ROAD
• RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 6 : 30 P . M . , on January 12 , 1987 to
consider a local law on the rezoning of a portion of the lands of
the former Grand Lodge and former Infirmary of the Independent
Order of Odd Fellows , located at 1251 Trimnansburg Road from
Residence District R-30 to Special Land Use District (Limited Mixed
Use ) .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
AWARD BIDS FOR NEW DUMP TRUCK , BODY , HOIST AND SNOW PLOW
RESOLUTION NO .
Motion by Councilman Cramer , seconded by Councilman Bartholf ,
WHEREAS , on December 4 , 1986 , bids were received for a new dump
truck which included a list of minimum specifications for said dump
truck , and
WHEREAS , among the list of specifications was the specific request
for the following two items felt to be important to the bid :
Engine , Caterpiller 3208T ( 49 States ) 225 HP @ 2600 RPM , 8
Cyl , Diesel , Min H . P . 225 , Min . Torque 585 lbs . , or Equal
and ,
Warranties : Truck - 12 , 000 miles or 12 months
Rear Axle - 4 years
Engine - 5 years or 150 , 000 miles
and ,
• WHEREAS , Spencer Ford Sales , Inc . , 1 Tioga Street , Spencer , New
York was low bidder on a Caterpiller 3208T in the amount of
$ 34 , 317 . 51 , and
WHEREAS , Spencer Ford Sales , Inc . , agrees to meet all
specifications in the bid , including the 4 year rear axle
guarantee ,
NOT THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby awards the contract for the new dump truck , as
Town Board Meeting 6 December 8 , 1986
specified above , to Spencer Ford Sales , Inc . , 1 Tioga Street ,
Spencer , New York in the amount of $ 34 , 317 . 51 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
RESOLUTION N0 .
Motion by Councilman Cramer ; seconded by Councilman Bartholf ,
WHEREAS , on December 4 , 1986 , bids were received for a new dump
body , hoist and snow plow equipment which included a list of
minimum specifications for said dump body , hoist and snow plow
equipment , and
WHEREAS , two bids were received for the above equipment , and
WHEREAS , Charles J . Blackwell was the only bidder which met the
minimum specifications ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby awards the contract for the new dump body , hoist and
snow plow equipment , a specified above , to Charles J . Blackwell ,
Inc . , 401 Eleanor Street , Horseheads , New York , in the amount of
$ 171000 . 006
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
NEWSLETTER
RESOLUTION NO .
Motion by Councilwoman Raffensperger ; seconded by Councilman
McPeak ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the 26th Town of Ithaca Newsletter .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
SET DATE FOR PUBLIC HEARING TO CONSIDER FIRE CONTRACT WITH THE CITY
OF ITHACA
RESOLUTION N0 .
Motion by Supervisor Desch , seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 30 P . M . , on January 12 , 1987 to
consider approval of a Fire Contract with the City of Ithaca .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
PUBLIC HEARING TO CONSIDER DELEGATING THE AUTHORITY TO REVIEW AND
APPROVE FINAL SITE AND DRAINAGE PLANS FOR LOT 33 OF EASTWOOD
COMMONS
Proof of posting and publication of notice of public hearing to
consider delegating the authority to review and approve final site
Town Board Meeting 7 December 8 , 1986
and drainage plans for Lot 33 of Eastwood Commons , such lot
proposed to be considered as an amendment to Phase I of Eastwood
Commons , be delegated by the Town Board to the Planning Board ,
pursuant to Section 8 of the February 26 , 1973 Resolution of the
Town Board establishing a Multiple Residence District and Cluster
Development therein on Honness Lane having been presented by the
Town Clerk , the Supervisor opened the public hearing .
The Supervisor then closed the public hearing noting that the
hearing would need to be rescheduled for the December 31st meeting .
RESOLUTION NO .
• Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 11 : 00 A .M . , on December 31 , 1986 to
consider delegating the authority to review and approve final site
and drainage plans for Lot 33 of Eastwood Commons , such lot
proposed to be considered as an amendment to Phase I of Eastwood
Commons , be delegated by the Town Board to the Planning Board ,
pursuant to Section 8 of the February 26 , 1973 Resolution of the
Town Board establishing a Multiple Residence District and Cluster
Development therein on Honness Lane .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none) .
SET DATE FOR PUBLIC HEARING TO CONSIDER AN INCREASE IN ELDERLY
EXIPTION
Supervisor Desch stated that action on this item will be taken at
another meeting .
CODES AND ORDINANCE REVIEW COMMITTEE
RESOLUTION NO .
Motion by Councilman Cramer ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the appointment of Councilman Bartholf , Councilman
McPeak , two members of the Planning Board , two members of the
Zoning Board of Appeals , Susan Beeners , Andrew Frost , John Barney
and Nancy Filler to the Codes and Ordinance Review Committee ,
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
ZONING BOARD OF APPEALS - MEMBERSHIP AND CHAIRMAN
RESOLUTION NO .
• Motion by Supervisor Desch ; seconded by Councilman McPeak ,
WHEREAS , the Town of Ithaca Zoning Board of Appeals recommends the
reappointment of Henry Aron to the Zoning Board of Appeals for an
additional term of five years ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby approves the reappointment of Henry Aron as a member
of the Zoning Board of Appeals for the years 1987 , 1988 , 1989 , 1990
and 1991 .
Town Board Meeting 8 December 8 , 1986
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
RESOLUTION NO .
Motion by Councilwoman Raffensperger , seconded by Councilman
Cramer ,
WHEREAS , the Town of Ithaca Zoning Board of Appeals recommends the
reappointment of Henry Aron as Chairman of the Zoning Board of
Appeals ,
• NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby approves the reapppointment of Henry Aron as Chairman
of the Town of Ithaca Zoning Board of Appeals for the year 1987 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO INCREASE STREET OPENING PERMITS
RESOLUTION N0 .
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 11 : 15 A . M . , on December 31 , 1986 to
consider amending Local Law # 2 - 1965 , increasing street opening
permits deposit from $ 100 to $ 300 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
TOWN OF ITHACA WARRANTS
RESOLUTION N0 .
Motion by Councilman Cramer ; seconded by Councilwoman Howell ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated December 8 , 1986 , in the
following accounts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $36 , 909 . 86
General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 14 , 698 . 75
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 , 657 . 19
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 , 045 . 09
Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 490 . 66
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51 . 16
Federal Revenue Sharing Fund . . . . . . . . . . . . . . . . . . . $ 514 . 83
Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 92 , 614 . 00
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
BOLTON POINT WARRANTS
RESOLUTION NO .
Motion by Supervisor Desch ; seconded by Councilwoman Howell ,
Town Board Meeting 9 December 8 , 1986
RESOLVED , that the Bolton Point Warrants dated December 8 , 1986 , in
the Operating Account are hereby approved , in the amount of
$62 , 233 . 17 after review and upon the recommendation of the Southen
Cayuga Lake Intemunicipal Water Commission , they are in order for
payment .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
APPOINTMENT OF PLANNING BOARD MEMBER
RESOLUTION N0 .
• Motion by Councilw®man Raffensperger ; seconded by Councilwoman
Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the appointment of William Lesser to the Town of Ithaca Planning
Board , effective January 1 , 1987 .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
PERSONS TO BE HEARD
No one present wished to be heard .
SET DATE FOR PUBLIC FEARING TO CONSIDER STOP SIGNS FOR ABBY LANE
AND PENNY LANE
RESOLUTION N0 .
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 00 P . M . , on January 13 , 1987 to
consider a local law on the installation of stop signs for Abby
Lane and Penny Lane .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
PUBLIC HEARING TO CONSIDER TO CONSIDER ESTABLISHING SEWER RENTS IN
THE TOWN OF ITHACA SEWER ImpRoyEmE T AREA
Proof of posting and publication of a notice of public hearing to
consider a local law establishing the sewer rent rates to be
Charged to consumers to pay the Town ' s share of the operating and
maintenance costs and the remaining portion of the debt not
included in the sewer rate for the Ithaca Area Wastewater Treatment
Facility having been presented by the Town Clerk , the Supervisor
• opened the public hearing .
As no one present wished to speak for or against the proposed local
law, the Supervisor closed the public hearing .
LOCAL LAW NO . 6 - 1986
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
LOCAL LAW NO . 6 - 1986
Town Board Meeting 10 December 8 , 1986
A LOCAL LAW TO ESTABLISH SEWER RENTS IN THE TOWN OF ITHACA SEWER
IMPROVEMENT AREA
WHEREAS , by duly adopted procedures there was established a
Town wide sewer improvement area , and
WHEREAS , heretofore sewer rents in the Town wide sewer improvement
area are paid directly to the municipality providing sewage
treatment , and
WHEREAS , by duly adopted procedures there was established a Town of
Ithaca - Ithaca Area Wastewater Treatment Plan Improvement Area
( the "Area " ) , as an addition to the Town wide sewer improvement
• area , and
WHEREAS , a wastewater treatment plant and related improvements are
now complete and sewer rents will be chargeable throughout the
Townwide sewer improvement area by the Town directly , and
WHEREAS , the Town wishes to establish and impose such sewer rents ,
and
WHEREAS , the sewer rents to be imposed are imposed pursuant to the
provisions of Sections 130 , 133 , and 198 of Town Law of the State
of New York and pursuant to Article 14-F of the General Municipal
Law ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca as follows :
1 . Effective January 1 , 1987 , there is hereby imposed a
sewer rent payable by all users connected to the
Town wide sewer system at the rate of $ . 77 per 100 cublic
feet of water consumed ;
2 . The sewer surcharge of 7% of each water bill , which sewer
surcharge was established by Local Law No . 2 of 1976 as
amended by Local Law No . 8 of 1980 , is hereby continued
and reimposed , the revenues received therefrom to be
included in the term " sewer rents " as the same is used in
this local law .
3 . Such sewer rents shall apply to all users connected to
the Town-wide sewer system outside the corporate limits
of the Village of Cayuga Heights ,
4 . The sewer rents payable pursuant to this local law shall
be payable quarterly .
59 In the event any sewer rent is not paid within 20 days of
the date of the bill , there shall be added a penalty of
10 % for the late payment .
6 . The sewer rents imposed hereunder shall constitute a lien
against the real property served by the sewer system or
such part or parts thereof for which sewer rents shall
have been established and imposed . This lien shall be
prior and superior to every other lien or claim except
the lien of an existing tax , assessment or other lawful
charge imposed by or for the state or a political
subdivision or district thereof .
79 Any unpaid sewer rents shall be levied against the
real property to which said sewer rents relate annually
in accordance with the procedures set forth in Section
452 , subdivision 4 , of the General Municipal Law .
Town Board Meeting 11 December 8 , 1986
8 . The moneys received from the sewer rents shall be in a
separate fund to be known as the "Sewer Rent Fund " of the
Town of Ithaca . The moneys in such fund shall be used in
the manner set forth in Section 453 of the General
Municipal Law as the same may be in force from time to
time .
In the event that any portion of this law is declared invalid by a
court of competent jurisdiction , the validity of the remaining
portions shall not be affected by such declaration of invalidity .
This law takes effect January 1 , 1987 .
• Supervisor Desch called for a roll call vote .
Councilman Bartholf Voting Aye
Councilman Cramer Voting Aye
Councilwoman Howell Voting Aye
Councilwoman Leary Voting Aye
Councilman McPeak Voting Aye
Councilwoman Raffensperger Voting Aye
Supervisor Desch Voting Aye
Local Law No . 6 - 1986 , was thereupon declared duly adopted .
EXECUTIVE SESSION
RESOLUTION N0 .
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby adjourns
into Executive Session to discuss a personnel matter .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf and Leary
voting Aye . Nays - none ) .
RESOLUTION N0 .
Motion by Supervisor Desch ; seconded by Councilman Cramer ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
back into Open Session .
(Desch , McPeak , Raffensperger , Cramer , Howell , Bartholf , and Leary
voting Aye . Nays - none) .
RESOLUTION NO .
Motion by Councilwoman Howell ; seconded by Councilman Bartholf ,
• WHEREAS , an essential part of all Town Highway employee ' s duties is
to drive Town vehicles on the road and , therefore , possess a valid
driver ' s license with a clean driving record , and
WHEREAS , it has come to the attention of the Personnel Committee
that a Highway employee is facing the possible loss of his driver ' s
license because of two DWAI (driving while ability impaired)
charges within the past five years , and
Town Board Meeting 12 December 8 , 1986
WHEREAS , the employee met with the Personnel Committee and
expressed his desire to remain an employee of the Town and the
Committee reviewed his past work performance which was favorable ,
THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca
that the Highway employee , Brian Barry , be put on a six-month
probationary period of employement with continuous review by his
Supervisor as to attendance and conduct and that his salary be
reduced to $ 5 . 50 1hour during this probationary period with a salary
review at the end of the period . This probationary period becomes
effective immediately upon the loss of Mr . Barry ' s driver ' s
license .
• (Desch , McPeak , Raffensperger , Howell , Bartholf and Leary voting
Aye . Nays - Cramer) .
ADJOURIZE NT
The meeting was duly adjourned .
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Town Clerk
•