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- NOTICE OF. PUBLIC HEARING
th ,
-=----- == ---- - LEASE TAKE - NOTICE; hat
R"ff 1t�t1� } ;` i Town Board of the Town 'of
'• - F . tit Ithaca will ,meet and conduct
a public hearing on June 12;
1989 at 8:00 P. M. , -at the Town '
_ . _ _.. _ .. _ ._ _ � . � . _ . .. . _ . - ____. . __ _. _ .�_ Hall, 126 East Seneca Street,
Ithaca, . New. York to consider 1
amending the Town of Ithaca i
- ' — - . ... . . . . . . - .... . . . . . . _ _ . . _. __ . . _ . . . ._ . . . . _. _ . . . _ . . . . - - - - - - . . .
Traffic Ordinance to prohibit
- - parking on both sides of Burns
Road from NYS Route 79 to the
_� t. 4r } £ S, F, ._ Z ,'� . � .� y. ` t S ^ ; r ,�. � r _, . i• bridge over .Six Mile Creek ';
- .. .. . and from the bridge over. Six =
Mile Creek 500' West, and ' to
s hear all persons in favor of or
_ _ .. _ . . - - -• - - •- __ _ _ . . . . . . . .. . . .. .. . . .. . . . . . . . .. . . .. . . . �� _ . u - . opposed to the adoption of
said Ordinance. ,
. Jean H. Swartwood
-. . . ... . . .. . . . . . _ . � _ _. . . — . . - . . .. . .. . ... .. . . . . ... .. .. .... . . . . . .. ... . .. . . ..... - Town Clerk
-•� _ � May 31 , 1989
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JEAN FORD
Notary Public, State of New York "
No. 4654410
Qualified in Tompkins County /
Commission expires :May 31; -19 /
-_.._ , Mme•- ...a:� s. - _ _ � .r. - - - - -
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TOWN OF ITHACA C
NOTICE Of PUBLIC HEARING ._?w :+
PLEASE TAKE.NOTICE;`, that
the` ,,
Town " Boards e' Town of Ithaca will meet 'and conducf `*j
a public hearing on June, 12, i `z
1989 'at B:Op P. M. ; at the Town
Hall, 126 East Seneca Street, .
Ithaca, New York to consider_
amending the Town of Ithaca
Traffic Ordinance to prohibit
parking on both sides of Burns' .,
Road from NYS Route 79 to the
bridge over Six Mile Creek J.
and from the bridge over Six ;
Mile Creek 500' West, and to '
hear all persons in favor of or
opposed to the adoption of
said Ordinance. . ,, Fl
Jean H. Swartwood
May 31 , 1989 Town Clerk
1,
,� i;�
TOWN OF ITHACA
REGULAR BOARD MEETING
July 10 , 1989
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Hall , 126 East Seneca
Street , Ithaca , New York , there were :
PRESENT . Robert Bartholf , Deputy Supervisor
Shirley Raffensperger , Councilwcman
Patricia Leary , Councilwnan
David Klein , Councilman
John Whitcomb , Councilman
ABSENT : Noel Desch , Supervisor
Henry McPeak , Councilman
ALSO PRESENT : John Barney , Town Attorney
John Ozolins , Highway Superintendent
Sally Olsen , Town Engineer
Susan Beeners , Town Planner
Andrew Frost , Building Inspector/ Zoning
Officer
Karl Niklas , 1005 Danby Road
Pam Hanna , 126 Rich Road
Tom Reimers , 3C Wildflower Drive
Ed Brothers , 3 Sunset , West
Tom Richard , 144 Coy Glen Road
Lisa Blackwell , Cornell
David Weinstein , 51 Freese Road
Myrtle Whitcomb , 233 Troy Road
Bill Hilker , 277 Burns Road
Alfredo Rossi , 409 Lake Street
Shirley Egan , 143 N . Sunset Drive
Dooley Kiefer , 629 Highland Road
Ed Cobb , 1005 Danby Road
Kenga M . Gergely , 106 Juniper Drive
Peter Hillman , 370 Stone Quarry Road
Fred T . Wilcox III , 109 Juniper Drive
Beverly Livesay , Board of Reps
Bonnie Simpson , 112 Pine View Terrace
Bob Flumerfelt , 1020 East Shore Drive
Sandra Dinmett , 1102 East Shore Drive
Dick Slocum , 1018 East Shore Drive
David Auble , 250 Troy Road
Jon Albanese , 1040 East Shore Drive
Shannon Albanese , 1040 East Shore Drive
PLEDGE OF ALLEGIANCE
The Deputy ` Supervisor led the assemblage in the Pledge of
Allegiance .
REPORT OF TOWN OFFICIALS
Supervisor ' s Report
The following report was presented to the Board :
Town Board Minutes 2 July 10 , 1989
Water Rates
Good news . The new much more stringent EPA regulations will have
no impact on our Bolton Point water rates . Very minor increase in
cost due to additional testing .
Bad news . Probably City rates will have to go up although we have
no information to date . This could affect West Hill rates .
Road Swaps ?
Tompkins County is interested in giving ( ? ) us Hanshaw Road from
Warren Road to Cayuga Heights , Pleasant Grove Road in exchange for
Burns Road (after relocation of the Coddington Road end) . They
plan to zenovate Coddington Road from the Danby Town line to the
City line next year . Note : City will be closing Hudson Street
next year ,. Coordination is going to be interesting !
Other roads may also be considered in the swap .
Fire _tntient Staffing
The joint. City/Town comnittee may have a recommendation on a
program to increase volunteer and career staff levels over the next
three years - in time for discussion at the August meeting .
Fire Station Construction
We have closed on the West Hill Fire Station site . It now belongs
to the Town and construction has started . There are still some
last minute details to be worked out on the South Hill closing .
1990 BudgEat Planning
Proposed salary ranges for 1990 should be available for approval at
our August meeting . The Personnel Committee has started the review
and will be meeting again on August 3 .
The Town Staff has started the development of their departmental
budgets . Ideas from Town Board members as to need should be
discussed directly with the particular department head .
1989 Objer_tives - Status
I ' ve put together the enclosed brief status report on our
established objectives for 1989 . I would appreciate comments about
efforts that we should be making other than that noted .
1 ) Establish 1989 Water/Sewer Project
This was done at the June meeting and the application has been
filed with Audit and Control . Design completion is expected
in late August or early September . Next step will be test
borings , once preliminary design is done .
2 ) New 'fork Service Relationship with County
This is working well and the County is considering the next
step toward County wide program administration .
3 ) Comprehensive Plan
The consultant is doing Phase I but it is taking much longer
than perhaps it should . How can or should the Town Board
help? Should scope of work be changed ? Should charge to
Plarmi.ng Consultant be expanded ?
4 ) East Shore Drive Sewer
Virtually completed and in operation except for clean up .
Cayuga Heights interceptor still in discussion stage .
Feasibility of expansion of new sewage treatment plant may be
studied .
5 ) Pr ,:rty Surveys (Burns Road/Park Lane , Dates Drive)
Surveys done , property transfers in process . Abandonment
Town Board Minutes 3 July 10 , 1989
public hearing set for August .
6 ) Phase II Burns Road Relocation
Canbined County/Town/private developer project seems possible
in 1990 . Town staff proceeding with field survey work at
intersection with King Road . Coordination with Coddington
Road improvement with County is necessary .
7 ) Acceptance Procedure for New Highways
Discussion is on going at the Public Works Committee level .
Process of accepting roads prior to final paving seems
desirable so long as performance bond or other vehicle to
protect Town is in place .
8 ) Participation in 1990 Census
On gAng - need to designate a committee as Census Correct
Count Committee - perhaps Planning Board .
9 ) Permanent Financing 1987 Water/Sewer Project
Done .
10 ) Debt Exclusion 1987 Sewer Project
Filed - awaiting approval from State .
11 ) Consider modification of street lights to high pressure sodium
Suggest we evaluate success of City-wide program in 1990 or
1991 . The annual savings are small ( i . e . , $ 2 , 500 ) but the
visual impact may not be acceptable .
12 ) Water/Sewer Biggs Complex
Progress slow . Awaiting completion of water line relocation
arowld hospital addition .
13 ) South Hill Bikeway
Design of Phase I is completed (Town portion) . Easement
acquisition is on going . Construction could start late summer
or early Fall on Phase I .
14 ) Intec to Transportation Plannin - County Wide
No significant progress since completion of Richardson Study .
Should ccm i.ttee be restructured?
15 ) Incentive for Sprinklers
Sprinkler annual charge has been waived . Benefit assessment
credit perhaps should be discussed in context of 1990 budget .
16 ) Control of Grading/Construction , Demolition Waste
Delay in construction of County landfill may dictate need for
Towns to have small construction waste sites , otherwise
property owners may overly encourage use of their property .
Perhaps this could be done in conjunction with control over
excessive filling of property in the Town . This could ,
however , add an unacceptable enforcement burden on the Town
staff . Town Board thoughts on this ?
17 ) Develop Data Base System
This is moving along now that CAD system has been upgraded .
Outline of a plan should be ready in October .
18 ) Stormwater Mann ement Local Law
Discussion on going in Public Works Committee . Should have
something for Town Board review in September .
19 ) Print: Up Dated Ordinance
All data has been imputed into word processor . Cross
comparison by Town Attorney needs to be done . Current goal -
Town Board Minutes 5 July 10 , 1989
4 . Highways
Draft Road Construction Specifications distributed , for
co :nt by July 31 .
Approval of acceptance of John Street contingent upon
additional work to be done .
Inspected Winner ' s Circle for acceptance .
59 Pro2E ct Reviews
"Chase Pond " Sketch Plan .
Cornell Parking Lot ,
Indian Creek Farm Stand ( ZBA) .
"Deer Run " Preliminary Plat , Phase III .
"Hackberry Lane " for approval of public facilities .
6 . Fire Hall Sewers
Finalized alignment .
Easement maps ready to send .
7 . Miscellaneous
Court Roan platform removed by Highway Crew ,
New Engineering offices cleaned Sunday , July 9 .
Carpet cleaning and new carpet ordered , drapes cleaning
scheduled , moving scheduled for this week .
Andy Bryant has been Inspector on 1987 Water & Sewer III -
East Shore Drive , Maple Avenue ,
Andy Irwin has written the LISP programs necessary to get
AUTO CAD 10 running , as well as a number of shorter programs
that make the system more convenient .
Both Andys are on Inlet Valley Survey .
Prepared estimate for private drive on East Shore Drive for
public hearing today .
Selected location for street lamp at Pine Tree/NYS Rt . 79
intersection .
I / I Study Phase II report expected by end of July .
Highway Siiperintendent ' s Report
Highway Superintendent John Ozolins presented the following report :
Activities
Vehicle Maintenance
Truck 9 , 10 , 8 and Car 5 serviced .
Truck 4 ' s power steering failed and a cylinder was replaced
and its front tires were replaced .
The Gradeall ' s power steering hose burst on a job and was
replaced on site .
The new truck 5 was received .
Road Work
Shoulders were placed on the roads that were paved .
Rich Road and Burns Road were ditched .
More stone was placed on Burns Road due to oil bleeding .
New Inspection
The :following roads were inspected at various stages :
Birchwood - Lucente
Pinecrest - Poyer
Chase Lane - Auble Hanes
Scheduled Activities
Surface treatment - week of July 10- 14 .
Cut shoulders - weeks of July 17 and 28 .
Deck Welding on Forest Home Bridge - July 24-28 ,
Slung Seal - Penny Lane , Christopher and Sienna - early
August .
Town Board Minutes 4 July 10 , 1989
August 1 .
20 ) Cluster Regulations versus Duplexes
Perhaps this should become a staff priority since Phase I of
the Comprehensive Plan is moving slowly?
21 ) Up Date Highway Maintenance Program
Public Works Committee has yet to start work on this .
Probably can be deferred until 1990 due to excellent progress
on current paving program .
22 ) Traffic Court Program
Joint meeting with involved department heads needs to be
scheduled for implementation in September when school is back
in session .
23 ) Evaluate Computing Needs
Good progress has been made in zoning and engineering . New
Deputy Clerk will enable staff to settle on needs of this area
of operation .
24 ) 1! giDlation - Sales Tax Money for Fire Protection
Bill has been filed in both houses of State legislature .
Awaiting committee action .
25 ) Perform Staff Time Assessment
Some staff effort has been done . One major question : Should
Planning , Zoning and Engineering professionals set formal
office hours during which time they would continue to be
available for walk in?
26 ) Consider Recycling Drop Centers - Town of Ithaca
Two major problems have made progress on this very difficult :
( 1 ) Lengthy vacancy in the County solid waste position .
( 2 ) Questionable market for most materials .
Added Items
27 ) Move Town Court to Free Up Space for Engineering , etc
Completed June 29 , 19890
28 ) Award Bids on New Fire Stations
Contracts awarded June 1989 ,
Town Engineer ' s Report
Town Engineer Sally Olsen presented the following report :
1 . 1989 Water & Sewer Improvements
Contract signed with TVGA Surveyors & Photogrammetrists .
Plans to run two crews , when possible , survey has begun on
horizontal and vertical control , complete end of July .
Expect to receive disks with topo by Labor Day ,
20 Water System Improvement Study , West Hill Service Area
Draft report presented July 7 , 19899
Final report to be presented to Town Board on August 7 , 1989 .
3 . 1987 Water and Sewer Improvements
Phase I complete .
Phase II complete except for minor restoration .
Phase III water and sewer mains complete , lateral installation
underway , site restoration begun .
Town Board Minutes 6 July 10 , 1989
Additional paving - mid August .
Speed Limit Reduction
Five Mile Drive - the State approved the reduction of the
speed limit to 30 MPH from the City line to Coy Glen Road .
They posted it .
Both West King Road and West Haven Road were posted for 40
MPH .
SPEED LIMIT REDUCTION
A request, was received from the South Hill Community Association
for a speed reduction on East King Road and Troy Road .
RESOLUTIai NO . 160
Motion by Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
WHEREAS , the Town of Ithaca received a request from the South Hill
Community Association for a reduction in the speed limit for the
East King Road area and the Troy Road area ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby requests New York State Department of Transportation
to consider a 30 MPH speed limit on East King Road from Route 96B
to the Coddington Road and a 40 MPH speed limit on Troy Road from
the Town of Ithaca line to Coddington Road .
( Bartholf ,, Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
USE OF TOWN VEHICLE
Highway Superintendent John Ozolins presented the following memo to
the Town Board
"Request that I be allowed to use the Jeep Cherokee to travel to
Fort A . P . Hill , Virginia during the period July 12 - 17 , 1989 .
I will be there evaluating a National Guard Co . while there , I will
have a military vehicle to drive . Therefore , I will just need the
vehicle for transportation there and back .
If I am allowed to use it , it will be returned with a full tank of
gas . Additionally , my vehicle insurance will cover any accident
that may happen to the vehicle . "
The Town Board felt this request should not be approved .
Building Inspector/ Zoning Officer ' s Report
Building Inspector/ Zoning Officer Andrew Frost presented his
report , noting that 31 building permits had been issued for the
month of June 1989 , 13 Single Family detached residents , 1 Two
Family residence , 1 conversion , 1 addition , 1 business and 2
educational . 27 Certificates of Compliance were issued and 6
complaints investigated .
Town Planner ' s Report
Town Planner Susan Beeners presented the following report :
Town Board Minutes 7 July 10 , 1989
Review of land use and development proposals for Planning Board and
for Zoning Board of Appeals .
Attended Greater Ithaca Transportation Committee meeting for review
of a student project on Octopus .
Work by Student Interns
Townwide base mapping for area studies and for census local
review .
Natw.�al Resource and Stream Corridor Management project .
Further study of selected stream corridors .
Topography and soils mapped on AUI+OCAD .
Town Planner Beeners noted that the draft report from. Consultant
Stewart Brown should be received Friday or Monday .
COUNTY YOUTH BUREAU REPRESENTATIVE
Pam Hanna ,. Town of Ithaca Representative on the County Youth Bureau
reported on activities of the Committee . She noted a Community
Youth Development Forum to be held July 31 , 1989 from 7 : 30 P . M . , to
9 : 00 P .M . , at the Cayuga Heights School .
BUDGET AMPNDMENTS
RESOLUTION NO . 161
Motion by Councilwoman Raffensperger ; seconded by Deputy Supervisor
Bartholf ,
WHEREAS , the Town Justice Court is using a 7 year old computer
program that is now outdated and was not designed originally to
support the Justice Court needs and they still do a good deal of
their work. manually to supplement the existing programs , and
WHEREAS , the computer currently supporting this outdated program
will not support an upgraded Justice Court package of the level
needed to supply efficient processing and produce the
State-required reports , and
WHEREAS , a suitable Justice Court computer software package and
hardware system have been identified by Judge Wallenbeck and are
available from. Williamson Law Book Company ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize the purchase of the Williamson Law Book
Court Recordkeeping software ( $ 2 , 500 ) , the payment for conversion
of existing court records by Williamson Law Book Company ( $ 500 ) ,
the purchase of 1 IMB PS / 2 30-286 computer with color display and
DOS ( $ 2 , 19: 9 ) from Williamson Law Book and the expenditure of not
more than $350 for a secure storage unit to enclose this system ,
and
FURTHER BE IT RESOLVED , that the Town Board appropriate Fund
Balance (1599 ) and increase (A1110 . 2 ) Justices - Equipment for
$ 5 , 500 to cover the cost of the software , hardware , services and
furnishings specified above .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
FIRE STATION LEASES
Town Board Minutes 8 July 10 , 1989
RESOLUTION NO . 162
Motion by Councilman Klein ; seconded by Councilman Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the Town Supervisor to sign the lease with the City of
Ithaca for lease of property to the City of Ithaca for the West
Hill and South Hill Fire Stations .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
WINNER ' S CIRCLE ROADWAYS
RESOLUTION NO . 163
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
WHEREAS , with respect to the Winner ' s Circle Subdivision off
Slaterville Road , Francis J . Paolengeli has substantially completed
construction of Winner ' s Circle , culverts , storm drainage
improvements , and water and sanitary sewer mains , and
WHEREAS , final inspection of the roadway construction has been
performed by the Town Engineer and the Town Highway Superintendent ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby accepts said Winner ' s Circle as a Town highway
subject to receipt of deed and marketable title for the highway
lands , satisfactory to the Town Attorney , and receipt of easements
for the sanitary sewer mains , drainageways , and future trail ,
satisfactory to the Town Supervisor , Town Planner , Town Engineer
and Town Attorney .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
VETERAN EXEMPTION
RESOLUTION N0 . 164
Motion by Councilman Whitcomb ; seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 00 P . M . , on September 11 , 1989 , to
consider a Veteran exemption on property in the Town of Ithaca .
(Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
BENEFIT ASSESSMENT REFUNDS
RESOLUTION N0 . 165
Motion by Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
WHEREAS , Peter E . & Lydia L . Hillman , 370 Stone Quarry Road , were
charged 4 . 5 units of water benefit , and
WHEREAS , the Hillmans paid their 1989 Town and County Taxes in full
on January 19 , 1989 ,
Town Board Minutes 9 July 10 , 1989
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorizes a refund of $ 55 . 68 to Peter E . & Lydia L .
Hillman with respect to the overcharge of water benefit assessment
for 370 Stone Quarry Road , Parcel Number 6-38-3-11 .
(Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
RESOLUTION NO . 166
Motion by Councilman Klein ; seconded by Councilwoman Raffensperger ,
WHEREAS , Evelyn Ainsworth , 17 Orchard Hill Road was charged 0 . 7
units of water benefit and 0 . 7 units of sewer benefit , and
WHEREAS , bars . Ainsworth should have been charged 0 . 7 units of water
benefit and $ 0 . 83 for sewer benefit based upon pennies /M of
assessment. , and
WHEREAS , Mrs . Ainsworth paid her 1989 Town and County Taxes in full
on January 26 , 1989 ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorizes a refund of $ 42 . 57 to Mrs . Evelyn
Ainsworth with respect to the overcharge of sewer benefit
assessment. for 17 Orchard Hill Road , Tax Parcel Number 6-22-2-3 .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
POSITION IN ENGINEERING DEPARTMENT
RESOLUTION NO . 167
Motion by Councilwoman Leary ; seconded by Deputy Supervisor
Bartholf ,
WHEREAS , when the 1989 Water and Sewer Improvements projects have
been bid , it will be imperative to have an inspector on site to
ensure the quality of the finished project ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby approve the hiring of an Engineering Technician at a
salary range of $ 15 , 000 to $ 22 , 000 .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
AMENDMENT '10 TOWN PAVING PROGRAM
RESOLUTION NO . 168
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby amend
the 1989 Town Paving Program by adding to the list already
approved , the following roads : Game Farm Road , Forest Home Drive ,
Simsbury , Calkins Road , Sandbank Road , Caldwell Road , Winthrop
Drive and Pheasant Lane .
(Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none) .
Town Board Minutes 10 July 10 , 1989
RATIFY ACCEPTANCE OF PARK LANE (ACCESS TO JOHN STREET)
RESOLUTION N09 169
Motion by Councilwoman Raffensperger ; seconded by Councilwoman
Leary .
RESOLVED , that the Town Board of the Town of Ithaca hereby ratify
the acceptance of the portion of Park Lane needed for access to
John Street .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
PUBLIC HEARING TO CONSIDER AN ORDINANCE REGULATING TRAFFIC AND
PARKING IN THE TOWN OF ITHACA
Proof of posting and publication of a notice of a public hearing to
consider an ordinance regulating traffic and parking in the Town of
Ithaca having been presented by the Town Clerk , the Deputy
Supervisor opened the public hearing .
Karl Nikla.s , Beverly Livesay , Bill Hilker and Myrtle Whitcomb spoke
on the proposed Ordinance
Deputy Supervisor Bartholf then closed the public hearing
RESOLUTION' NO . 170
Motion by Councilwarman Raffensperger ; seconded by Deputy Supervisor
Bartholf ,
ORDINANCE AMENDING THE ORDINANCE
REGULATING TRAFFIC AND PARKING IN THE
TOWN OF ITHACA
Pursuant to Section 130 of the Town Law of the State of New York ,
and Section 1660 of the Vehicle and Traffic Law of the State of New
York , the Town Board of the Town of Ithaca , Tompkins County , New
York , does ordain and enact as follows :
Section 1 . Territory Affected . This ordinance shall be
applicable to all territory within the Town of Ithaca outside of
the incorporated Village of Cayuga Heights .
Section 2 . Amending of Prior Ordinance . The ordinance amending
and restating ordinance regulating traffic and parking in the Town
of Ithaca adopted February 8 . 1988 , effective February 23 , 1988 ,
amended April 11 , 1988 , and November 10 , 1988 , is hereby further
amended as follows :
( a) There is hereby added to Section 9 to such ordinance as
follows :
Section 9 . Authority to Impound Vehicles .
( a ) Any Vehicle parked or abandoned on any highway within the
Town of Ithaca that hinders or impairs the ability of the
personnel of the Town of Ithaca , or any other
governmental agency , to respond to a snowstorm , flood ,
.fire or other occurrence to which a prompt response is
necessary or desirable , may be removed by the Town of
:Ithaca .
Town Board Minutes 11 July 10 , 1989
(b) Any vehicle found unattended on any highway within the
Town of Ithaca which constitutes an obstruction to
traffic may be removed by the Town of Ithaca .
(c ) Any vehicle parked or abandoned on any highway within the
Town of Ithaca where stopped , standing or parking is
prohibited , may be removed by the Town of Ithaca .
(b) There is hereby added a Section 10 to such ordinance as
follows :
Section 10 . Storage and Charges . The Town of Ithaca may
store any vehicle removed pursuant to Section 9 in a suitable
place at the expense of the owner . The owner , or person in
charge of the vehicle , may redeem the same upon payment to the
Town of Ithaca of the amount of all expenses actually and
necessarily incurred in effecting such removal .
( c ) There is hereby added a Section 11 to such ordinance as
follows :
Section 11 . Notice of Removal . The Town of Ithaca shall
report promptly the removal and disposition of any vehicle
pursuant to Sections 9 and 10 to the County Sheriff . The
Town shall also ascertain , to the extent possible , the owner
of the vehicle or person having the vehicle in charge and make
reasonable efforts by mail to notify that person of the
removal and disposition of the vehicle and of the amount
required to redeem the vehicle .
(d) There is hereby added a Section 12 to such ordinance as
follows :
Section 12 . Review . The owner , or the person in charge , of
a vehicle that has been removed pursuant to Section 9 may
request a hearing to challenge the assessment of any expense
imposed pursuant to Section 10 . The request for a hearing
shall be in writing and shall be filed with the Town Clerk
within fifteen ( 15 ) days of receiving notice of the removal of
the vehicle . The hearing shall be held within the ( 10 ) days
after the request has been filed . The hearing shall be
conducted by the Town Supervisor or any other impartial person
designated by the Town Supervisor . The scope of the hearing
shall be solely to determine whether the removal of the
vehicle was authorized by Section 9 . The sole effect of a
determination that the removal of the vehicle was not
authorized by Section 91 shall be that the owner or person in
charga of the vehicle shall not be responsible for the
expenses of towing and storage . Nothing in this ordinance is
intended to affect the liability of the Town of Ithaca for any
damage done to any vehicle during towing or storage .
Section 3 . Effective Date .
( a) This ordinance shall take effect immediately except those
parts , if any , which are subject to approval under Section 1684 of
the Vehicle and Traffic Law of the State of New York .
(b) Any part or parts of this ordinance which are subject to
approval under Section 1684 of the Vehicle and Traffic Law of the
State of New York shall take effect from and after the day on which
approval in writing is received from the New York State Department
of Transportation .
The Deputy Supervisor called for a roll call vote .
—— •s�l�i�lirn.iwn�i
Town Board Minutes 12 July 10 , 1989
Councilman Klein Voting Aye
Councilwoman Leary Voting Aye
Councilwoman Raffensperger Voting Aye
Councilman Whitcomb Voting Aye
Deputy Supervisor Bartholf Voting Aye
The Ordinance was duly adopted .
DEPUTY TOWN CLERK
RESOLUTIO14 N0 . 171
Motion by Councilman Whitcomb ; seconded by Councilwoman Leary ,
WHEREAS , the Search Committee received 28 resumes for the position
of Deputy Town Clerk and four candidates were personally
interviewed , and
WHEREAS , -the Search Committee unanimously selected Mrs . Betty F .
Poole as the candidate of choice and received verbal approval for
hiring frcin a majority of Town Board members ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca officially approves the appointment of Mrs . Betty F . Poole
as Deputy Town Clerk to begin employment on July 24 , 1989 , at an
annual salary of $ 19 , 000 per year , with a $ 500 increase upon
successful. completion of a three month probationary period and
eligibility for an increase in January 1990 .
(Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
HACKBERRY LANE SUBDIVISION
RESOLUTION NO . 172
Motion by Councilwoman Raffensperger ; seconded by Deputy Supervisor
Bartholf ,
WHEREAS , the Town of Ithaca Subdivision Regulations require the
Town Board. to approve proposed public facilities , such as proposed
roads , water and sewer mains , and open space , and
WHEREAS , on May 16 , 1989 , the Town of Ithaca Planning Board ,
subject to certain conditions , granted Preliminary Subdivision
Approval to the proposed " Hackberry Lane " Subdivision , proposed to
consist of five single- family lots on a 6 . 43 acre portion of Town
of Ithaca Tax Parcel No . 6-31- 1-3 . 1 , 44 . 05 acres total , located at
144 Coy Glen Road , near the corner of Five Mile Drive ,
NOW THEREFORE BE IT RESOLVED , that the Town Board accepts the
proposed street alignment and the proposed locations of public
water and sewer mains and appurtenances , subject to conditions "b"
through " f" of the May 16 , 1989 Planning Board Resolution .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
The Board discussed the proposed resolution in which the Town would
agree to bear the cost differential of installing a 8 -inch
watermain and necessary appurtenances and then deferred the
resolution .
Town Board Minutes 13 July 10 , 1989
PUBLIC HEARING TO CONSIDER INIPROVII= TO THAT PORTION OF THE
PRIVATE RIGHT OF WAY ALONG EAST SHORE DRIVE SERVING CERTAIN
RESIDENTS DESCRIBED IN SAID PETITION , BY THE MAINTENANCE AND
IMPROVEM124T OF THE RIGHT OF WAY
Proof of posting and publication of notice of a public hearing to
consider :improvement to that portion of the private right of way
along East Shore Drive serving certain residents described in said
petition , by the maintenance and improvement of the right of way
having been presented by the Town Clerk , the Deputy Supervisor
opened the public hearing .
Jonathan .Albanese and Robert Flumerfelt spoke in favor or the
proposal .
Town Engineer Sally Olsen presented an estimate of $ 10 , 984 . 85 for
repairs to the right of way instead of the $5 , 000 inserted in the
legal notice .
RESOLUTION NO . 173
Motion by Councilwoman Raffensperger ; seconded by Councilman Klein ,
WHEREAS , the legal notice listed the amount of $5 , 000 for repairs
to the private right of way along East Shore Drive , and
WHEREAS , the Town Engineer estimates the amount to be closer to
$ 10 , 984 . 85 ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorized the proceeding to obtain an accurate cost
for the project .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none) .
PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING
ORDINANCE CONCERNING OCCUPANCY BY UNRELATED PERSONS
Proof of pasting and publication of a notice of a public hearing to
consider a local law amending the Zoning Ordinance concerning
occupancy by unrelated persons having been presented by the Town
Clerk , the Deputy Supervisor opened the public hearing .
The Deputy Supervisor closed the public hearing .
As the Town Board had just received , from the Town Attorney , the
proposed aTendments the Board adjourned the hearing .
RESOLUTION N0 . 174
Motion By Councilman Klein ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct an adjourned public hearing on September 11 , 1989 at 7 : 30
P . M . , to consider a local law amending the Zoning Ordinance
concerning occupancy by unrelated persons .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
RESOLUTION NO . 175
Town Board Minutes 14 July 10 , 1989
Motion b:y Councilwoman Raffensperger ; seconded by Councilman
Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca hereby refer
the proposed local law amending the Zoning Ordinance concerning
occupancy by unrelated persons to the Town of Ithaca Planning Board
for their consideration at their August 1 , 1989 meeting .
( Bartholf ,. Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
PROPOSED NOISE ORDINANCE
Discussion was held on the proposed Noise Ordinance . The Town
Board decided to include construction noise in the proposed
Ordinance .
RESOLUTION N0 . 176
Motion by Councilman Whitcomb , seconded by Councilwoman
Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 00 P . M . , on August 7 , 1989 , to
consider the adoption of a Noise Ordinance in the Town of Ithaca .
(Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
FALL CREEK RECREATIONAL RIVER PROPOSAL
A continued discussion was held on the Fall Creek Recreational
River Proposal . No action was taken .
TCM OF ITHACA WARRANTS
RESOLUTION N0 . 177
Motion by Councilwoman Raffensperger , seconded by Councilman
Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated July 10 , 1989 , in the following
amounts .
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 130 , 539 . 67
General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 34 , 235950
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $452 , 253 . 25
Highway Fund . . . . . . . . . 6 . 069 . . . . . . . . . . . . . . . . . . . . . $ 511P001 . 04
Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 362 , 098 . 54
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 126 , 269 . 85
Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 484 . 26
(Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
BOLTON POINT WARRANTS
RESOLUTION N0 . 178
Motion by Councilman Whitcomb ; seconded by Councilwoman
Raffensperger ,
Town Board Minutes 15 July 10 , 1989
RESOLVED , that the Bolton Point Warrants dated July 10 , 1989 , in
the Operating Budget are hereby approved in the amount of
$ 84 , 287 . 83 after review and upon the recommendation of the Southern
Cayuga Lake Intermunicipal Water Commission , they are in order for
payment .
( Bartholf ,, Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
EX=IVE SESSION
RESOLUTION N0 . 179
Motion by Councilwoman Raffensperger ; seconded by Councilwoman
Leary ,
RESOLVED , that the Town Board of the Town of Ithaca moves into
Executive Session to discuss possible litigation regarding land
acquisition .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
OPEN SESSION
RESOLUTION N0 . 180
Motion by Councilman Klein ; seconded by Councilwanan Leary ,
RESOLVED , that the Town Board of the Town of Ithaca moves into
Opens Session .
( Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
RESOLUTION N0 . 181
Motion by Councilman Whitcomb ; seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 6 : 00 P . M . , on August 7 , 1989 , to
consider the need and location of the South Hill Recreation Trail
and the acquisition of the real property required for the project .
(Bartholf , Raffensperger , Leary , Klein and Whitcomb voting Aye .
Nays - none ) .
ADiane tsr
The meeting was duly adjourned .
Town Clerk
� r
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
Jean H . Swartwood being duly sworn , say that I am
the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the
following notice has been duly posted on the sign board of the Town Clerk
of the Town of Ithaca and that the notice has been duly published in the
local newspaper : ( Ithaca Journal )
See Attached .
Location of sign board used for posting : Vain Entrance
Date of Posting : . _ June 27 , 1989
Date of Publication ;: June 29 , 1989
Toyff Merk , Town of Ithaca
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) SS :
TOWN OF ITHACA )
Sworn to and subscribed before me this day of
f.EAM 6 CARPEUM
Noon► P biia. stm 01 MW Yo*Yoet
Qualified in Tompkins Co. Notary P u 1 i c
My Comrnission Expires Apfil 30192��\
TOWN OF ITHACA
ORDER FOR PUBLIC HEARING
ON CONSTRUCTION OF STREET IMPROVEMENT
WHEREAS , a petition dated February 23 , 1989 , has been duly
presented to the Town Board of the Town of Ithaca , according to
Section 200 ( 2 ) of the Town Law , proposing that the Town Board
authorize and approve the improvement of that portion of the
private right of way along East Shore Drive serving certain
residence: described in said petition , by the maintenance and
improvement of the road right of way , and
WHEREAS , the maxh= amount proposed to be expended for the
improvement as stated in the said petition is $ 5 , 000 . 00 it is
ORDERED , that the Town Board of the Town of Ithaca shall hold a
public hearing on said petition at the Town Hall , 126 East Seneca
Street , Ithaca , New York , on the 10th day of July , 1989 , at 7 : 30
P . M . , to consider said petition and hear all persons interested in
the subject thereof concerning the same , and it is further
ORDERED , that the Town Clerk of the Town of Ithaca is hereby
authorized and directed to publish a copy of this order certified
by her in -the Ithaca Journal , to post a copy of same on the
signboard of the Town of Ithaca , as well as conspicuously in five
( 5 ) public places along the above described portion of said right
of way , such publication and posting to occur not less than ten nor
more than twenty days before the date set forth herein for the
hearing .
Dated : May 8 ► 1989 Swai: the Town Clerk of the Tcn of
Jean H •
The undersigns ► foregoing resolution is a
Ithaca ► does hereby certify that the
°f a resolution duly
adopted by the Town
true and correct copy and held on
°
f the T� of Ithaca at a meeting duly
Board
Ma,� 8 ► 19890
can H . Swartw
Town Clerk
PUBLISH : June 29 . 1989
r
ATFIDA177 0f m XLX :AVO)k+
THE ITHACA JOURNAL ' _
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TOWN OFITHACA�-
NOTICE OF PUBLIC HEARING ,
cz Tst I : r1cA jo:-1<NA3. a g„S�ic pt TPar''� P 1 'R__L� � p1; ��:SliOa _ PLEASE TAKE NOTICE, that the
Town Board 'of the Town of
' 1t�2 ' L E . 0 =A t.1.S` Dti�'S -, ' W .. ^ tle L".SSt2C is i .trUeo ,th'p9blicrheo•nngponJul'd�OtTl
_. F
9 at 8:00 cl the
-
! Town Hall; 126 East Seneca'
�. Street, _ Ithaca, ; New ,York, to
consider a ' local ' law amend`
ng the Ord n ce con-'
C cerningZoccupancy byfunre= ,
SO
_ ._� � _. _ ... ._. _. ._—_ — . _.. __. _ —�. ._ .._ .—.., toted persons and will at this
7 . ,
time hear all persons inrfavor`, ,
of or opposed to 'the 'adoptiofi
of said local law'. .
f ' Jean H Swortwood
. . i • i• June 30, 1989 "
Town
_I
To Clerk
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.. - . . .. . .. .. . .. .. ... ... . - .. . . ... . . .. . ..
.. .. _... . . .... ... . .. . ...
__.._ .
JEAN -, FORD : T:C� Ft27, : .
i
Notary Public, State of- New York .
No. 4654410
Qualified in Tor pins Count
Y f
9!:
Commission expires May 31, 19 ._ ,• / -
IT
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T14 E I I"' HA � A J 0 RN A -
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teat be is_. - J erg- --. _�_. . — _ _- _ _ _ _ _ . ._ . ._ . .. . _. .... .. - — . .. 4 t:
_ , .
T A
_ OW N OF. I TH C t -
• 1 i ,1 1 1 ; NOTICE OF PUBLIC HEARING
a Tt� I :s1cw jo:- F.N w>. a g„bs � �"' TPar'-? p ea ., g •.sti, od _ _ - . .
PLEASE TAKE NOTICE, thatthe
Town Board of the Town 'of :
Ithaca will meet and conduct; ,
.. 3 t:tea pt „ti tL , , -
.- ' - --- ' 1�2 L��* _ `ill AY.S _ �F'1'y .l . .� tyI) Gx C 3S ! t ru e
' a public hearing on .luly ;t�0, :��
It
_ -- - - - - - --_ 199889 at - 7:00 Eas a ce
Hall ,
1 !: Y•C _� •_,• btreetthaco, NewtYorke;tgJ*"
—_,_ . ...r. .-___ _— .- .
consider a local lam re to hn
I Q arking in the-Town of Ithaca
during snow . removal opera
"�- • - ' lions and will at this time hear ,.
all persons in favor of or op-I...
Posed to the adoption of said. ,-
.. ._ .� .- - - ----• . . . . __ _ .._ _ . _ — . .... . .. . . . .. _ _ . . . ._. .. .._ .. - - - .... �. ._ • - - local law.
• Jean H Tow Clerk
RA f� ► ' ust L' S i "�:•s c ` :L Of 1 =: = DC � �� �'� Q � `.�. a �. .. . . . - - June 30, 1989
H. Swartwood
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� . Cam--9_ . _. . . . _. _ - . - •-• •-• .. . . .• • _ - •••-- -.. , .. _ ..-_ .._ .
- • _ (Ds -- - - _ __ _ - _ .. , r.E r
C
JEAN FORD CUZI
Notary Public, State of New York
_
No: 4654410 ' -
Qualified in Tompkins County 1 '
C: ommIssIon expires May , 31 ( 19 . f
_ - =
y