HomeMy WebLinkAboutTB Minutes 1990-02-12 r � .
AJFI DA % r/ T C>F ?VAUCATIOh'
THE ITH A CA - JOURNAL
'TOWN OF ITHACA, NOTICE OF
• PUBLIC HEARING`;2-_
1 PLEASE TAKE NOTICE; that tFie
� �t �. Town °Board- 'of!ttie 'TowrT';'of' : '
�'� �`� Ithaca ;will meet,and ,conducf
a public hearing on March ,112, :"
1990, ;•6_ ;;,7:30 •P.M. ;
-'at ;t e
z °..n . .. _ . - . _rz �.!1 .1 �� . � . .. . .. being dulet• s-%vom dc�xses
Town,- Hol l;"d 26 ,„East . Seneca :';
Street, Ithaca. 6New'- York,i to
consicJer { a'n tOrifinance .
aid uvs , tazt he r= iots ;iv W-Izl � CoLis !� snd state a_{ oresai � and, amending4yhe . Zoning _.Ordi
nonce and `setting forth ceriain
fees reIdtirig to the Zoriing Or_
dinance,:;dni1 'will of this time, t
tltt L! L .. . . . . . _ . . . . .. . . . ... . . _. . --- . .. -•-----• - - -. . . _. . .._ . _.. . . . . . . hear all person it favor of or h'
apposed to the 'adoption of;' l
S said Ordinance. - ';- ;
cf T= I : Ar—A. JOLT\ AL a public ne �-spape-r printed aad pvbiishej3 r < • Jean H. , Swartwaad
~` - r. '`: Town Clerk `'
March 2, 1990 r;
c�s .tforesaidI and dhzt s notice , of v4whiu the nexe3 is awtrie
. . . . . . . .. . . .. .... . . ... . 1 . , 70co;r) NN . .
C ^ C. sz d no4v, ce vra` On . .- - --- -
n
of . . . _ . . .. . _ . . . . _ _ � 14 ._ .. . I9 . . � �%
4t �. . . . . . . . . . . .. . . . ..._--
before M e , ttis
G - -
. .. . . .. . . . . . . .. . . _ . . . . . . . . . .. . . . . . lc� 6
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins County
Commission expires May 311 19g/
�• ,
qI
ArFl DA1 '! T
OF P 1XLa?CA71D1ti'
4.THE ITHACA JOURNTAL
• � �, TOWN : ' ITHACA ]C ` ' t �-�}� PUBLIC: HEARING , .NOTfCE OF ,-„
— ` - - � , PLEASE TAKE NOTICE, a the ,
Town` Board .of the :Town of
t✓ _ a• l- �_r t � Itthaco will meet, and conduct it I
.. . . . . . .. being duly Sl•0.M , de s � public hearing on March •12,
1990.': at 8 15 P M. ; at the
S. .. Hall t 126 fast- Seneca r'
Street; fthaca,;: Nety '-York„ to L
J3nt' 3k \Z , tZct he Teslc] eY L IL':a Covant'�• and Utatf alormaid amrlj consider 'amending , Local Laws`'
g1 ,r•1.981 , to provide for the, is-
nn � rr suance of temporary ' certifi- < =
t t y L .. . .�r. � K1. . . . . . . .. . . . . . . . .—• • --• - -- - • -- ---- - - -• - • - - . . .. . _.. . . ._ . . . . . . . . _ . . . . ._ . ........ " ,+'cotes;of_occuponcy and foun-->
daliori "building ppermits °and j
will 'at this time hear'all per- ;^ I
Or TEL I7-aACe+ JOC'FNA-L Ilt p ;l1•1.1C n _ \5'• papwT printed aLnd �7U ,1�1) � son in favor of or opposed . to 1
the adoption of said local law.
. .. Jean H. Swartwood4
fn Its -LfOMLid , and thzt a notice , cd w� ich the An.� ezed is & - true r - - Town Cleik "l'-i
March 2, 1990 ' ? r
t , v puL•:is � r J
as, d L,L t tL e c .f SaII5 d on tine . . . . . - . .. ... . . . .
y a ^ • ^� �•�
} of . . . - . . .. . . . . . .. . . .. . . . . . . . . . . . . . . _ .. . . .
.. . _ .. � .- . .... ... . . _. . .. . . . ... .. ... . . . . ... . .. . . . . . . . .. . .. . . . . . . . . . . .. ........I
r? sIA o to be , cre me L~LS �
a - - . .. . . . . . . . . .
. .. . . _ . . . _ . _ . . . . ._ . _ .- . . . _ _ . . . . . .
JEAN FORD
Notary Public, State of New YorIF
No. 4654410
Qualified in Tompkins County
Commission expires May 31, 1 �
- - -
--
AYFIDAVIT Of POILICAT10N - - -:- _-
THE ITHACA JOURNAL
TOWN OF ITHACA, NOTICE OF
L+ � t � .PUBLIC .HEARING + ' 'i<'LivLv,i� ;
� t = k, Z k �u a , ., . ..�,. PLEASE •TAKE NO_TIthot=tFie
�� Town Board of - the ' Town �bf
Ithaca will meet and-conduct
a . . . , .a publ ic hearin•g on-M6rch ' 2;
_- . . . n6 19901 =; at',7:
P.M., at,; the ; '
Town', Hall, : :126 Easr Seneco j'.
Street, !Ithaca, '- New;;York; ;to ':
aid s` \s , t he restoes in lth° Co;ish' and tote & fiara : id and con'sider'gmending ',LocglLaw'
#2, 1980,• prohibiting 'iruck-tra-
! , ffic- in portions of tFie Forest. .
t'htt L! L Oct. IQt'. � -_ • Home area and -changing the
. . . .. . . . .. . . . _. . . .
-^_- -_- • . .. . . .. . .. . . ... . .. . . . . . . . .. . . . . . .- . _. . ..... tonagge ' ' limit - to' registered '
weight;' ond 'will ot - i is time -
hear all persons in favor of or '
Of T= 17UAC-, 301'F\ AL a public new-sPaper print-e,•I and pub1.Lshe d opposed to the adoption 'of f . said local law ,-
Jean H.-Swartwood -
in IthzcE afor= E=6 , and thzt a notice , Of �-hi �, the a.nnrxed is & - true Town clerk :
.Mprch 2, 1990 '
t��•, �►� publu.he in said p � +c . . . . . . . . . . . _ v
. . . . . ... .. .. . . . . . . . . . .. . . . . . .. _ . . . . . . . . . . - - - - - - . . . . . . - - - - - - • - - . . . -- ---- - - - - - - - • - - - - - •- - - . .. ... .._. ...
LD4 th: t the f rs-t of sue ^ no • : ,o ,� z on the C. _ _. _ _ . . . . . . ° . . _. . . .. .
. . . _ . . _ . . .l . . . . . . . . . . . . . . . . .
.. . _ . . .. .. • -2 . . . . . .. . . . . . . .... . .. . . . . . . . . . . . . . . . . . . . . . . .. . ...
:1JS = JEi L:sC S-wc '
may. v . v LLB � !' 1JC .. 1 �1L: , 4J� . . ..J-�.� .. .. .. . . . . . .
N _. .. _ . . _ . . .. . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . ♦ � . . . fj. .}/.
• y" m • T• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins County
Commission expires May 31, 195
r
TOWN OF ITHACA
REGULAR BOARD MEETING
February 12 , 1990
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 , on the 12th day of February , 1990 , there
were :
PRESENT . Shirley Raffensperger , Supervisor
John Whitcomb , Councilman
Patricia Leary , Councilwoman
David Klein , Councilman
Frank Liguori , Councilman
Catherine Valentino , Councilwoman
ABSENT : Karl Niklas , Councilman
ALSO PRESENT : John Barney , Town Attorney
John Ozolins , Highway Superintendent
Erik Whitney , Assistant Town Engineer
Susan Beeners , Town Planner
Andrew Frost , Building Inspector/ Zoning
Officer
Bruce Brittain , Forest Hone
Beverly Livesay , County Board
Daniel M . Winch , County Board
Myrtle Whitcomb , 233 Troy Road
Ton Mills , 108 Pine View Terrace
Gary Moravec , Board of Fire Commissioners
Lyle Neigh , 321 South Titus Avenue
Jim Mayer , 1251 Trumansburg Road
Dave Burbank , Ithaca Fire Department
Lee LaBuff , 310 West Green Street
Michael Satuab , 310 West Green Street
William E . Baker , Ithaca Fire Department
Margaret Fabrizio , 213 King Street
Representatives of the Media :
Jay Cox , Ithaca Journal
Deb Debro , WrKO/WQNY
PLEDGE OF' ALLEGIANCE
Supervisor Raffensperger led the assemblage in the Pledge of
Allegiance ,
REPORT OF' TOWN OFFICIALS
Supervisor ' s Report
Supervisor Raffensperger stated that she wanted to express her
appreciation to the Town for sending her to the conference which
was jointly sponsored by the Association of Towns and Audit and
Control . She stated that it was an interesting if somewhat scary
meeting explaining all the responsibilities , financial and
otherwise , of the Town Supervisor . The most interesting thing that
happened at the conference was that one of the Supervisors promptly
resigned and went home . The Supervisor went on to say that the
Town has received numerous applications for the Conservation
Town Board Meeting 2 February 12 , 1990
Advisory Council , Comprehensive Planning Committee and three
applications for the Planning Board . She stated that she had had
some conversations and correspondence from the Tompkins County
Solid Waste Division concerning the possibility of a recycle drop
off center in the Town of Ithaca . She thought that the only site
that would be possible in the Town would be at the Highway Barn and
she had given the Highway Superintendent the specification for such
a drop off center and he will assess whether or not that is
possible down there . We also need to look into minimum, maxi=
numbers of hours to have it open . We are not quite sure how we are
going to be able to staff if but we are going look into this .
Supervisor_ Raffensperger went on to say that the Town had received
a letter from the office of the aging concerning new New York State
legislation which would increase the income level for the partial
exemption for senior citizens and there would be a change date in
the eligibility . We just received this a day ago and will have to
hold a public hearing on this later in the year , we can ' t meet the
March 1st deadline so it will be a year behind . She went on to say
that she had received from Phyllis Howell , the Clerk for the Board
of Representatives a letter saying the Town of Ithaca , as others ,
have an opportunity to sponsor representation on the Economic
Opportunity Corporation and if any Board members are interested
they should let her know .
Town Engi,ieer ' s Report
Assistant Town Engineer Erik Whitney stated that it had been a busy
month coordinating Inlet Valley water and sewer improvements and
the South Hill tank site . He stated that he had met with Ed
Hallberg to discuss future improvements in the area which he agreed
to and has filed them into the subdivision . Mike Ocello has been
working with Stearns & Wheler to smooth out technical difficulties
with the interfacing of maps on our Autocad with their cad system
in anticipation of their receiving the contract for Phase I of
Inlet Valley . Stearns & Wheler have transmitted to us both of the
contracts for the South Hill water tank and engineering services
for Phase I of Inlet Valley . He went on to say that Pickard and
Anderson have completed the video services for the sewer inspection
of the Northeast sewer main and have submitted their final report .
There was 16 % more sewer video taped and the dollars in -the overage
is about $ 4 , 800 . We must now review their report and make
reccnmendations . for all repairs as evidenced by the video camera
and make provisions for the inspection of back lot sewers some time
this spring . He went on to say that the Trumansburg Road sewer
extension to the new fire house , the agreement has been authorized
by Common Council and the one outstanding easement should be
executed soon . Bolton Point has been concerned for a number of
years about the hill side slipping away on Pleasant Grove Road and
since the hill side contains water , sewer and gas lines , the
Commission hired a geologist to oversee the slipping of the hill
side . The Town Engineering Department is the survey crew and on
February 2nd closed the road for a half day to install equipment
and we brill be monitoring the slippage . The County will be
surveying Coddington Road from the City line to the Caroline Depot
Road this, spring in anticipation of doing a realignment of the
center line profile and perhaps would be a good time to do the
Burns Road realignment with King Road ,
Councilman Klein asked what were the initial findings in the video
inspection of the sewers ? Is there any preliminary indication as
to the Village of Cayuga Heights claim of excess of infiltration
which is causing problems with their sewer plant , is there any
preliminary indication that that is true ?
Town Board Meeting 3 February 12 , 1990
Assistant Engineer Erik Whitney replied that the inspection of the
sewers indicates that they are all in good condition , there are a
few minor isolated joint breaks and slippage and roots but there is
nothing to indicate this is true . Overall they looked in wonderful
condition .
Councilman Klein asked where the problem was on Pleasant Grove
Road ,
Assistant Engineer Whitney replied , between the intersection of
Forest Hcm and the observatory road on the hill side above the
gorge .
Town Highway Superintendent ' s Report
Highway Superintendent John Ozolins reported that the Parks
Department has been involved in snow removal and the Eastern
Heights area thinning trees and checking to see where additional
culverts need to be installed . The Highway Department ' s main
activities for the month of January was snow removal , we had more
snow in January than we had in all of the last winter combined . In
between they borrowed the bucket truck from the City and took down
some dead and dying trees in the South Hill area . Approximately
half of the stone needed for paving is in right now .
Town Building Inspector/ Zoning Officer ' s Report
Town Building Inspector/ Zoning Officer Andrew Frost reported that
all of the sewer lines at Cornell ' s Maplewood Park project , as of
today , have passed inspection and the only thing that remains is
the change over of the copper tubing on the potable water . He went
on to say that the Fire Stations have been inspected by himself and
representatives from Egner and that he had received documentation
on the areas that he could not visibly see . Mr . Frost continued ,
noting that building permits issued for the month of January
amounted to ten permits , eight certificates of occupancy were
issued , 1. 17 field visits with two new complaints . He noted that
there were still a number of violations for occupancy . Mr . Frost
went on to say that they had done fire inspections on all of the
stores in the East Hill Plaza and one property that is used by
Cornell ' s Nuclear Studies and they have a warehouse up there which
contains some interesting chemicals which we discovered . No one
really knew about them including Life Safety at Cornell or the fire
department . Some of the chemicals have now been removed from the
property .
Town Planner ' s Report
Town Planner Susan Beeners stated that there was sane development
review at. the Planning Board ' s meeting over the last month which
included Cayuga Lake Estates who returned with another plat . The
applicant volunteered to return with a reduction from 42 lots to 25
with no through connection from DuBois to Route 89 but to have a
loop road . There was an understanding that a sketch plan would
return to the Planning Board but given that there be a waiver of a
1000 ' cul de-sac to have that type of new subdivision and it the
Planning Board agreed with it it would need to cane before the Town
Board . They are scheduled to return in February to the Planning
Board . There was a return review of Shalebrook which is a 23 lot
subdivision on the former Perry Farm and will be caning to the
Planning Board again in late March . At the February meeting there
was a review of the Inlet Valley water and sewer improvement
project as was directed by the Town Board and you have the adopted
resolution by the Planning Board which does make some
recanmendations as far as the great need to proceed along with some
master planning in that area . The Planning Board also looked again
i
Town Board Meeting 4 February 12 , 1990
at the affordable housing project up on Mecklenburg Road of about
280 units „ The Planning Board saw a number of waivers that would
have to occur such as distance between buildings and road
right-of-ways and the Planning Board felt it would be best for it
to go to the Town Board for a rezoning request . She went on to say
that the staff has been moving along with the mapping of the
natural resources and open space . Also , the Cornell Park and Ride
Lot is scheduled for Planning Board review on February 27th . The
Stream Corridor mapping is also proceeding .
REPORT OF COUNTY REPRESENTATIVES
County Representative Beverly Livesay reported that the County had
appointed a new Planning Commissioner , James Hanson and will be
starting on April 16th . Mrs . Livesay stated that she understood
that the cable franchise renewal was caning up soon .
Supervisor Raffensperger replied , not immediately . When Henry
McPeak was on the Board , he was our cable expert , they did attempt
to suggest to the Board that they wanted to and that the Town
should renegotiate the franchise in advance of the renewal date .
Henry had a number of conversations with them in which he
renegotiated the fact that the Town was not going to do that . The
franchise has about two years to go but we will have to deal with
that eventually .
Mrs . Livesay went on to say that she thought the date was sooner .
Mrs . Livesay then introduced Dan Winch who represents the Towns of
Newfield and Enfield on the County Board of Representatives and is
chairman of the Construction Management Committee ,
Supervisor Raffensperger noted that Mr . Winch had come to the Board
tonight to talk about the Central Processing Facility Neighborhood
Advisory Committee ,
Mr . Winch stated that he was at the meeting to discuss the
Neighborhood Advisory Committee for the Central Processing Facility
on Commercial Avenue . He stated that he believed a copy of the
resolution establishing the committee had been sent to the Town
Board and that he was a bit puzzled about some of the reaction they
are having . He stated that he would like to refresh the Boards
memory and that one member was designated by Common Council of the
City of Ithaca , one member by the Town Board of the Town of Ithaca ,
two members that represent the business community adjacent to the
central processing site , one to represent the residential
neighborhoods that are close to the site and he was proposing that
this number be increased to two , and there will be one member from
the County Representatives , himself , and one member from the
community at-large as well as some non-voting ex-officio members .
He went on to say that he would like to encourage the Board to
appoint someone to the cc mnittee , their charge is as the advisory
capacity regarding the planning of the facility , the design of the
facility , construction phase and operation and time of operation of
the facility . The same type of committee has been set up for the
landfill at DR- 7 and the input from this citizens committee has
been invaluable , it has been extremely productive .
Mr . Winch went on to say that he understood the position of the
City of Ithaca in not wanting to appoint their member from Catmnon
Council or their designee to this and he stated that he understood
that the businessmen have opted not to but he was a little bit
flustrated after dealing with the people from Lansing and that he
had held off on the project to the point where they could not
afford to hold off any longer and they will be moving forward and
Town Boar . Meeting 5 February 12 , 1990
if the Town of Ithaca wished to have input he suggested that they
fill the position as they need to move forward on the design .
Supervisor Raffensperger stated that this was really the first
opportunity the Board has had to deal with this as she had received
the request for membership after the January Board meeting . She
stated that she had expressed her concern to some of the
Representatives that the City did not seem to be appointing any
representatives but in discussing it she came to agree that if the
Town is to have any input this is the way to do it . She went on to
say that Councilwcman Leary had expressed her willingness to serve
on this committee at least until the Board sees what the committee
is like and assess the amount of time required and the amount of
expertise that might be helpful .
Councilman Whitcomb asked Mr . Winch what the rationale was in
choosing the Town of Ithaca to have a representative since this is
not sited. in the Town of Ithaca .
Mr . Winch. replied that the thinking was that the Town of Ithaca has
an awful lot of residences that look down at that site . We are all
in this :issue together and it was felt the Town of Ithaca should
have some input . Yes , it is in the city but close by is the town .
CENTRAL PROCESSING COMMITTEE NEIGHBORHOOD ADVISORY COMMITTEE
RESOLUTION NO . 22
Motion by Councilman Whitcomb ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
recommend the appointment of Councilwoman Patricia Leary to serve
as the Town of Ithaca Representative on the Central Processing
Facility Neighborhood Advisory Committee ,
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
1990 BUDC-ET TRANSFER
RESOLUTION NO , 23
Motion by Councilman Liguori ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the following 1990 budget transfer to cover the cost of printing
the new Zoning ordinance :
FROM AMOUNT TO AMOUNT
B1990 . 400 $ 458 . 60 B8010 . 405 $ 458 . 60
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
COMPREHENSIVE PLANNING COMMITTEE
Supervisor Raffensperger noted that the Board had a resolution
which establishes a Comprehensive Planning Committee and then noted
a correction on the second page which should say six not five other
community members .
RESOLUTION NO . 24
Town Board. Meeting 6 February 12 , 1990
Motion by Councilman Whitcomb ; seconded by Councilman Liguori ,
WHEREAS , the Town Board of the Town of Ithaca has , on December 11 ,
1989 , accepted the Report of Stuart I . Brown Associates , Town of
Ithaca Comprehensive Planning Program Analysis and Recommendations
Report , and
WHEREAS , the Town Board has considered the recommendations included
in that Report , the public comment at public hearings concerning
the Report and Report-related correspondence from residents of the
Town of Ithaca , and
WHEREAS , the Comprehensive Planning Subcommittee , the Planning
Board of the Town of Ithaca , the Planning staff of the Town of
Ithaca and the ad hoc Comprehensive Planning Steering Committee
have transmitted to the Town Board recommendations for the
implementation of the Report ' s recommendations , and
WHEREAS , the Town Board of the Town of Ithaca intends to provide
for the implementation of such reccmmmendations ;
THEREFORE BE IT RESOLVED , that a Comprehensive Planning Committee
is established to be , as indicated in the January 11 , 1990
memorandun of the Planning Board , the principal functioning body in
the preparation of a draft Comprehensive Master Plan , The
Comprehensive Planning Committee shall report to and make
recommendations to the Planning Board for the Planning Board ' s
review and transmittal to the Town Board for action as appropriate .
Specific :responsibilities of the Committee will include , but not be
limited to
1 ) the :preparation , distribution , and analysis of a survey , or
surveys , to further define issues and goals ;
j 2 ) the preparation of a statement of goals and of policy
statements ,
3 ) the refinement of a Comprehensive Master Plan work plan and
the implementation of that work plan ,
4 ) the identification of required studies and necessary data
collection ;
5 ) the design of a scope of work for the consultant and the
monitoring of that effort ,
6 ) public participation strategies ;
7 ) maintenance of ongoing environmental review of the Master Plan
components ;
8 ) Comprehensive Master Plan recommendation to the Town Planning
Board , and
9 ) when requested by the Town Planner , provision of assistance in
other planning improvement tasks .
The Comprehensive Planning Committee will receive staff support
from George Frantz , Assistant Town Planner , with the overall
comprehensive planning improvement effort coordinated by the Town
Planner , Susan Beeners . Consistent with the recommendation of the
Comprehensive Planning Steering Committee , Stuart I . Brown
Associates will provide consultant assistance to the Committee on a
per-hour basis to the extent and for the duration the Comprehensive
Town Board. Meeting 7 February 12 , 1990
Planning Committee deems necessary and the Town Board authorizes ,
within Town budget constraints .
The membership of the Comprehensive Planning Committee shall
include two members of the Town Board , two members of the Planning
Board , one member of the Zoning Board of Appeals , the chairperson
of the Conservation Advisory Council , and six other community
members , to be appointed by the Town Board . The initial
appointments shall be for two years . The chairperson of the
Comprehensive Planning Committee will be appointed by the Town
Board . The initial appointment will be for a term of one year .
The Comprehensive Planning Committee will reconnend a member to the
Town Board to serve as chairperson in subsequent years which
recommendation will be considered by the Town Board in making
subsequent appointments .
The Town Board recognizes its responsibility to authorize funding
for and authorize levels of effort by the staff and consultant for
the Comprehensive Planning Improvement Program, including the
Master Plan program , while providing for the Planning Department ' s
concurrent work in development review and land use administration .
In addition , the Town Board references Section 11 , Work Effort ,
Recommendations on strategic action plan for Comprehensive
Improvement Program .
(Raffensparger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
CONSERVATION ADVISORY COUNCIL
Supervisor Raffensperger stated that Councilman Whitcomb had been
of great assistance in doing the research and coming up with the
resolution .
Councilman Klein asked what was the difference between a CAC and a
CAB ?
Councilman Whitcomb replied , the primary difference is that a CAC
may review SEQR development review types of things whereas the CAB
by statue is empowered to do that by the State . The CAB has a
little bit more authority than the CAC .
Councilman Liguori asked if there had been any thought given as to
how this new body , whether it ' s a council or a board , will fit into
the decision making scheme and he did not see where they should do
it on a tamely basis . It seemed to him that at some point it must
be determined as to how things move through the various boards and
committees otherwise decisions will be held up by the board that
has the responsibility to make the decision . He suggested that in
a timely manner be added and that at a later time a schedule be
included .
Town Attorney Barney replied that somewhere he had read that they
have to act within 45 days from the submission to them .
Councilman Klein suggested that the resolution should say that they
are to adopt rules and procedures for their meetings and a
procedure to review development applications .
RESOLUTION N0 , 25
Motion by Supervisor Raffensperger ; seconded by Councilwoman
Valentino ,
Town Board Meeting 8 February 12 , 1990
WHEREAS , preservation and improvement of the quality of the natural
and man made environment within the Town of Ithaca in the face of
population growth , technologic change , and increased building and
traffic , with their accompanying demands on natural resources are
found to be of increasing and vital importance to the health ,
welfare and economic well being of the present and future
inhabitants and require forthright action by the Town Board of the
Town of Ithaca , and
WHEREAS , it is the policy of the Town of Ithaca that resources such
as open apace , agricultural lands , and natural areas and features
be adequately protected and managed , and
WHEREAS , Stuart I . Brown Associates , Inc . , in the Town of Ithaca
Comprehensive Planning Report , Analysis and Recommendations , urges
the creation of an advisory board to assist the Town in the
management and protection of such resources , and
WHEREAS , the Town of Ithaca Planning Board , in a resolution dated
December 5 , 1989 , recommends the establishment of a committee to
assist the Town Boards and staff in such environmental matters , and
WHEREAS , the State of New York has , in Section 239-x of the General
Municipal Law , specifically authorized municipalities to create
Conservation Advisory Councils and further that the State , through
the Department of Environmental Conservation , shall reimburse
municipalities for a percentage of their expenses of operating such
Conservation Advisory Councils ;
THEREFORE , IT IS RESOLVED :
1 . ESTABLISHMENT : That the Town Board of the Town of Ithaca
hereby creates an advisory body known as the "Conservation Advisory
Council " ( hereafter referred to in this document as the CAC ) .
2 . PURPOSE AND DUTIES : That the purpose and duties of the CAC are
to :
a . Assist the Town Boards and staff in the creation ,
improvement and implementation of plans and policies
related to environmental protection and management , open
space , natural areas and features , and agriculture .
b . Conduct and maintain an inventory of the natural
resources within the Town of Ithaca and maintain an up to
date index of all open spaces as defined in Section 239-y
of the General Municipal Law , in public or private
ownership within the municipality , including but not
limited to natural landmarks ; glacial and other
geomorphic or physiographic features ; streams and their
flood plains , swamps , marshlands , and other wetlands ,
unique biotic communities ; scenic and other areas of
natural or ecologic value . Such index shall include
ownership , present and future uses of such open areas , so
as to provide a base of information for recommendations
by the council for their preservation and/or use .
c . Seek to coordinate , assist and unify the efforts of
private groups , institutions and individuals within the
Town in accord with the purposes of this resolution .
d . Recommend to the Planning Board and the Comprehensive
Planning Committee , features , plans and programs relating
to environmental improvement for inclusion in the Master
Plan of the Town of Ithaca , and similarly , recommend to
the Town Board appropriate and desirable changes in
Town Board Meeting 9 February 12 , 1990
existing local laws and ordinances relating to
environmental and land use controls ( including SEQR) or
new local laws and ordinances .
e . Review development applications and make recommendations
to the Town boards on environmental assessment forms and
environmental impact statements , in a timely manner ,
regarding open space , natural areas and features and
agriculture .
f . Carry out other duties as assigned from time to time by
the Town Board ,
3 . MEMBERSHIP : That the CAC shall consist of no less than
three ( 3 ) members and no more than nine ( 9 ) members , appointed by
the Town Board , who shall serve for terms of two ( 2 ) years . The
initial number will be nine ( 9 ) . One member shall be the Town
representative to the Tompkins County Environmental Management
Council . ( Four of the initial members shall be appointed for one
year and five of the initial members shall be appointed for two
years ) . Any person residing within the Town of Ithaca who is
interested in the improvement and preservation of environmental
quality shall be eligible for appointment . Each member shall be
entitled to one vote .
4 . OFFICERS :
a . That the Chairperson shall be appointed by the Town
Board . For the second year and thereafter , the members
of the CAC shall reccmTend a member to the Town Board to
serve as Chairperson which recommendation shall not be
binding upon the Town Board .
b . That the CAC elect from its membership a Vice Chairperson
and Recording Secretary and that accurate summary records
of its meetings and activities be transcribed by staff
and reported to the Town Board as required .
5 . PROCEDURES AND REPORTS : That the CAC
a . adopt rules and procedures for its meeting and matters
referred to it ,
be oversee the preparation of necessary applications and
reports to the State in order that the Town receive
appropriate monetary reimbursement for CAC activities ,
according to Part 636 , Title 6 , N . Y . S . Codes , Rules and
Regulations .
C * receive staff and clerical assistance from the Town as
necessary in the preparation of the above documents .
5 . COMPENSATION AND EXPENSES : That the members of the CAC shall
receive no compensation for their services as members thereof but
may be reimbursed for reasonable and necessary expenses incurred in
performance of their duties within the appropriations made
available thereof .
7 . CONSERVATION ADVISORY BOARD : That the Town Board , by
resolution or local law, redesignating the CAC as the Conservation
Advisory Board (CAB) , provided the CAC has prepared and submitted
to the Town Board the conservation open area inventory and map
which are accepted and approved as the open space index of the Town
by the Town Board . Such Conservation Advisory Board (CAB ) will
have specific additional powers and duties as provided for in the
Laws of New York State .
� I
Town Board Meeting 10 February 12 , 1990
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO AMEND LOCAL LAW # 2 , 1980 PROHIBITING
TRUCK TRAFFIC IN PORTIONS OF THE FOREST HOME AREA AND CHANGING THE
TONNAGE LIMIT TO REGISTERED WEIGHT .
Supervisor Raffensperger noted that the Board had received copies
of a letter from Bruce Brittain suggesting a change in the wording
for the public hearing from rated capacity to GVWR , manufactures
gross vehicle weight rating . She stated that she had spoken to the
Highway Superintendent who felt this was a fine idea . She noted
that the State Police and the Sheriff do not have the time or
equipment to weigh the vehicles .
Fire Chief Edward Olmstead asked if there was some language in the
proposed law that would allow fire trucks , the City doesn ' t have a
fire truck which weights under ten thousand tons .)
Supervisor Raffensperger replied that the law says local deliveries
and we will add emergency vehicles to section 5 .
RESOLUTION NO . 26
Motion by Councilwoman Leary , seconded by Councilman Whitcomb ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 00 P . M . , on March 12 , 1990 to
consider the amendment of Local Law # 2 , 1980 , to add as a standard
in excess; of five tons of the manufacturers gross vehicle weight
rating .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
ESTABLISHING MEMBERSHIP IN COMPREHENSIVE PLANNING COMMITTEE
Supervisor Raffensperger stated that the Town has received a number
of applications from people who are interested in these committees ,
many of them expressed their interest in either one of them .
RESOLUTION NO . 27
Motion by Supervisor Raffensperger ; seconded by Councilwoman
Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby appoints
and establishes the following persons as members of the
Comprehensive Planning Committee :
Zoning Board of Appeals - Edward Austen
Planning Board - Stephen Smith and Carolyn Grigorov
Town Board - Karl Niklas and David Klein
Citizen Representatives Ron Simpson , Kinga Gergely , Bruce
Brittain , Ellen Harrison , Jane Schafrik and Eugene Ball
AND FURTHER BE IT RESOLVED , that Councilman Klein serve as
Chairman .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
Town Board. Meeting 11 February 12 , 1990
ESTABLISHING MEMBERSHIP IN CONSERVATION ADVISORY COUNCIL
RESOLUTION NO . 28
Motion by Councilwoman Leary , seconded by Councilwoman Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby appoints
and establishes the following persons as members of the
Conservation Advisory Council :
Councilman John Whitcomb , Richard Fischer , Elizabeth Mulholland ,
Ruth Mahr , Christiann Dean , Dooley Kiefer , Celia Bowers , Laura
Marks and James Baker from the Planning Board ,
AND FURTHER BE IT RESOLVED , that Councilman Whitcomb serve as
Chairman .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
AD HOC COMPREHENSIVE PLANNING STEERING COMMITTEE
Town Supervisor Raffensperger stated the Ad Hoc Comprehensive
Planning Steering Committee recommends to the Town Board that
Stuart Brown Associates be retained by the Town of Ithaca to
provide consultant services on a per hour basis for the duration
that the Comprehensive Planning Committee deems necessary .
RESOLUTIO].V NO , 29
Motion by Councilman Klein ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca authorizes the
employment of Stuart I . Brown Associates for initial support of the
Comprehensive Planning Committee up to a total of 20 hours at a
rate of $ 60 per hour . Additional authorization under a contractual
arrangement should be recommended to the Town Board by the
Comprehensive Planning Committee after their review of a proposal
for services to be submitted by Stuart I . Brown Associates .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE FIRE CONTRACT WITH THE
CITY OF ITHACA FOR FIRE PROTECTION IN THE TOWN OF ITHACA
Proof of posting and publication of a notice of a public hearing to
consider amendments to the fire contract with the City of Ithaca
for fire protection in the Town of Ithaca having been presented by
the Town Clerk , the Supervisor opened the public hearing .
Supervisor Raffensperger noted that the Town Board had a copy of
the proposed fire contract which the Board had reviewed several
weeks ago . The primary changes to the contract are the extension
of additional years , the Towns increase in the share of the
operating costs and authorization to change the staffing level ,
adding four additional fire fighters . She stated that she would
also like to address the matter of # 19 which was in the original
draft and was called volunteer training . She went on to say that
she had had a number of conversations at the Board of Fire
Comm issioners about this item . She stated that she had become
convinced that it is basically much to do about not very much in
that she does agree that there are no other items that one can
consider to be of a policy nature in the contract . On the basis of
Town Board Meeting 12 February 12 , 1990
that and on the basis that the Board of Fire Commissioners objected
to the item which she thought was a model of compromise which they
did not :seem to agree with . As there are not other statements of
policy in the contract she suggested that the Board remove the item
on the basis that the Board has received from the Board of Fire
Commissioners a resolution which says , "Resolved , that the Ithaca
Fire Department will provide challenging and responsible
opportunity for trained volunteer members " . She felt this to meet
the concern the Town had , in an adequate way .
RESOLUTION NO . 30
Motion by Supervisor Raffensperger , seconded by Councilwoman Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the deletion of Item # 19 , Volunteer Training , from the
proposed amendment to the fire contract with the City of Ithaca .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and. Valentino
voting Aye . Nays - none ) .
Jim Myers , Tr miansburg Road remarked that since the Town Board had
already voted on the deletion , he did not have anything to say .
As no one else present wished to speak , the Supervisor closed the
public hearing .
RESOLUTION NO . 31
Motion by Supervisor Raffensperger , seconded by Councilman
Whitcomb ,
BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby
approves the proposed amendment to the Fire Contract between the
Town and the City of Ithaca amending the existing contract to
provide for increases in the contribution to fire service costs by
the Town , increase in permitted staffing and an extension of the
existing contract to 1994 , and it is further
RESOLVED , that the Town Supervisor be , and she hereby is ,
authorized and directed to sign the Amendment to Fire Contract
presented to this meeting in substantially the form as so
presented , with such minor changes therein as the Supervisor , with
the advice_ of the Attorney for the Town , may approve , her execution
of same to be due evidence of such approval , and it is further
RESOLVED , that the Town Officials are authorized to take such
further steps , and to execute such additional documents as any of
them deem. necessary or desirable to effectuate the intent of the
foregoing resolutions .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
DRAINAGE IMPROVEMENTS - 103 KENDALL AVENUE
Supervisor Raffensperger noted that this was an item which was
discussed in November and the Town Board expressed some concern and
it was agreed that Town Board members would go and look at the area
and try to access the extent that the Town was responsible . She
stated that she had discovered that a series of at least three Town
Engineers have assured the owner of this property that the Town
would do the drainage improvements .
Town Board Meeting 13 February 12 , 1990
Assistant Engineer Whitney remarked that bids were taken on the
improvement and a purchase order was done on October 30th .
RESOLUTION NO . 32
Motion by Councilwoman Valentino ; seconded by Councilman. Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approve
the drainage improvement at 103 Kendall Avenue for a cost not to
exceed $ 1 , 600 .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and. Valentino
voting Aye . Nays - none ) .
DESIGNATION OF OFFICIAL DELEGATE AND ALTERNATE TO THE ASSOCIATION
OF TOWNS MEETING
RESOLUTION NO . 33
Motion by Councilman Klein ; seconded by Councilman Liguori ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
designates Councilwoman Leary to attend the annual Business Session
of the Association of Towns of the State of New York , to be held at
New York City , on February 21 , 1989 and to cast the vote of the
aforesaid Town , pursuant to Section 6 of Article III of the
Constitution and By-Laws of said Association , and
FURTHER 13E IT RESOLVED , that in the absence of the person so
designated , Councilman Whitcomb has been designated to cast the
vote of said Town .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
ASSOCIATION OF TOWN RESOLUTIONS
After discussion , the Board agreed that the Official Delegate
should vote yes on all of the proposed resolutions except the
resolution dealing with Municipal Ethics .
DESIGNING WASTEWATER PUMPING SYSTEMS AND LIFT STATIONS SEMINAR
RESOLUTION NO . 34
Motion by Councilwoman Valentino ; seconded by Councilman. Liguori ,
WHEREAS , there is a need for the Engineering Department to design
and review designs for wastewater pumping and lift stations , and
WHEREAS , Town staff has no recent training in the engineering and
technical aspects of pump and lift station design considerations ,
and
WHEREAS , the Department of Engineering Professional Development at
the University of Wisconsin at Madison offers a four day course in
designing wastewater pumping systems and lift stations ,
NOW THEREFORE BE IT RESOLVED , that the Assistant Town Engineer , P ,
Erik Whitney , be authorized to attend the four day design course
offered by the University of Wisconsin at Madison from April 9- 12 ,
1990 , at a cost of $ 575 /Registration , plus travel and lodging
expenses , for a total projected cost of $ 1 , 300 .
Town Board Meeting 14 February 12 , 1990
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Ayfs . Nays - none) .
MEDICAL INSURANCE FOR FULL-TIME TEMPORARY EMPLOYEES
RESOLUTION NO , 35
Motion by Councilwoman Leary , seconded by Councilman Whitcomb ,
WHEREAS , as a result of a previous request by a temporary full-time
employee , the Personnel Committee has investigated the possibility
of granting full-time temporary employees health insurance
benefits , and
WHEREAS , health insurance is increasingly difficult/ costly to
obtain , especially for individuals with no access to group
insurance rates , and
WHEREAS , a temporary , full-time employee working for six or more
months for the Town has made a significant commitment to our
operations ,
NOW THEREFOR BE IT RESOLVED , that the Town Board of the Town of
Ithaca approves participation in the health insurance plan for
full-time , temporary employees who are hired for a period of six or
more months , or who , at any time , are expected to continue
full-time , temporary employment with the Town for longer than six
months . Participation in the health insurance plan of the Town of
Ithaca by full-time temporary employees will be on the same basis
as that given to full-time , permanent employees ( currently 150
employee contribution/ 85 % Town contribution) .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
1989 WATER & SEWER IMPROVEMENTS ENGINEERING SERVICES
RESOLUTION N0 , 36
Motion by Councilwoman Leary , seconded by Councilwoman Valentino ,
WHEREAS , there is a need for improvements to the existing
distribution and storage facilities on South Hill to insure both
the quality and efficiency of the system and to maintain an
adequate level of emergency storage capacity in the intermediate
pressure ;,one , and
WHEREAS , the construction of a new storage tank ( 1235 feet
U . S . G . S . ) to replace the 5 , 000 gallon suction tank ( 1113 feet
U . S . G . S . ) will provide improved service and adequate emergency
storage capacity , and
WHEREAS , this project has already been incorporated into the 1989
Water and Sewer Improvements , both in the Engineer ' s - Report by
Stearns & Wheler and in the application to the State Comptroller
for the Town of Ithaca 1989 Water and Sewer Benefited Area ,
NOW THEREFORE BE IT RESOLVED , that the Supervisor of the Town of
Ithaca is authorized to execute the proposed contract for design
and bid contract and construction services in an amount not to
exceed $ 44 , 100 with the firm of Stearns & Wheler for the services
described in the Engineer ' s Report entitled , " 1989 Water and Sewer
Improvements , Town of Ithaca " , dated April 1989 , and
Town Board Meeting 15 February 12 , 1990
FURTHER BE IT RESOLVED , that the proposed contract be subject to
Town Attorney and Town Supervisor review and approval .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
RESOLUTION N0 , 37
Motion by Supervisor Raffensperger ; seconded by Councilman Liguori ,
WHEREAS , there is a need for the services of a professional
engineer to provide design services for Phase I of the Town ' s 1989
Water and Sewer Improvements and the Town does not currently have a
professional engineer on staff , and
WHEREAS , the firm of Stearns & Wheler , Engineers and Scientists ,
was selected , by Town Board Resolution on March 13 , 1989 , from a
field of eight firms which responded to the Town ' s request for
proposals , dated February 16 , 1989 , to provide the Engineer ' s
Report for this project , and
WHEREAS , these services were budgeted for in the Town ' s application
to the State under the Town of Ithaca 1989 Water and Sewer
Improvements ,
NOW THEREFORE BE IT RESOLVED , that the Town Supervisor of the Town
of Ithaca is authorized to execute the proposed contract for final
engineering services , design drawings , and preparation of contract
document for Phase I of the Inlet Valley portion of the 1989 Water
and Sewer Improvement in an amount not to exceed $ 92 , 145 ,
contingent on approval by the Office of the State Comptroller of
the application with respect to the Town of Ithaca Water and Sewer
Benefited Area - 1989 , and
FURTHER BE IT RESOLVED , that the proposed contract be subject to
Town Attorney and Town Supervisor review and approval .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
PERSONS TO BE HEARD
Margaret :Fabrizio , 213 King Street noted that the City of Ithaca
would be reviewing the city boundaries of Fall Creek in regard to
the designation before March 7 .
SET DATE FOR PUBLIC BEARING TO CONSIDER DEVELOPMENT REVIEW FEES
Town Planner Susan Beeners stated that the new fee schedule was an
endeavor to try to adjust the fees so that they would better cover
to costs of processing an application , the initial agenda meeting
or public hearing meeting plus subsequent meetings and establish a
Town cost for professional services either in-house or out-of-house
so that cost could be recovered to some degree . It is basically on
a per lot or per unit figure as well as a basic figure to cover the
costs . It has also been broken down for subdivisions . There is a
fee for preliminary plat , final plat and a charge for inspections .
She noted an escrow account had been included for review as well as
inspections at different stages . The escrow would be deposited to
cover the estimated amounts of the improvements be them public or
private . The estimate would be supplied by the developer . The
staff would record the hours spent on the process and charged
against the escrow account , any unused funds would be refunded to
Town Board Meeting 16 February 12 , 1990
the applicant . For rezoning you would pay a basic application fee
plus the site plan review fees . There would be an additional
charge if more than one Board meeting was necessary .
Supervisor Raffensperger remarked that the purpose for this is not
just to reflect as accurately as possible the costs of review but
also encourage a better quality of application to the Town and
better use of the staff time and developers time .
Councilman Liguori asked if there was some sort of incentive if the
developer submits a super application?
Supervisor Raffensperger replied sure , then they don ' t get charged
so much money in the escrow, that ' s an actual charge and that ' s why
we went to that to be an incentive for better applications .
Councilman Liguori asked if a bona fide affordable application came
in , is there a tool by which the fee could be waived .
Town Attorney Barney replied that it wasn ' t worded in that form but
there is a waiver section in it that says the fee can be waived by
the Town Board or the Planning Board or in some circumstances by
the person taking the application . He stated that it was not
defined under what circumstances the fee would be waived .
Councilman Liguori and Councilwoman Leary both felt it would be
worthwhile and that it should be defined in the proposal .
Councilwoman Leary suggested the definition of affordable housing
as a percentage .
Town Attorney Barney questioned if the fee schedule was a place
where the Town wanted to encourage affordable housing . Suppose
someone ommes in with a project that is 25 % affordable housing and
75 % luxury housing , do you waive 75 % of the fees or 25 % of the
fees ? He felt there were a lot of things that could be done to
encourage affordable housing but he was not sure that trying to
draw a fee structure where under the worst of circumstances the
total cost amounts to a very small fraction of a percent of the
total cost .
Councilman Whitcomb remarked that the problem with the whole issue
of affordable housing was that there was no criteria to judge it
against . A gentleman came to the Planning Board the other night
with what he thought was an affordable housing project , which it
probably was , but the Planning Board was at a loss as to how to
evaluate his project because he was asking for a number of
different waivers and they really didn ' t have any standards to
judge that by . He felt that was an important priority for the Town
to develop these kinds of standards and the fee schedule would
certainly fall into these kinds of standards .
Supervisor Raffensperger remarked that she thought Councilman
Whitcomb 'was right and that the Town should develop some of the
standards that we judge affordable housing and then plug that into ,
not only a fee schedule , but a number of other elements of our
zoning and subdivision approvals .
Town Planner Beeners replied that perhaps they could look into a
way whereby an accompanying resolution could be included with the
fee schedule . There will have to be sa refinements made later i
ne n
the fee schedule and should be , at least , reviewed on an annual
basis .
Councilwoman Valentino remarked that it seemed to her that an
incentive for affordable housing could be a proposal of its own .
Town Board Meeting 17 February 12 , 1990
Councilman Liguori remarked that every thing new that happens ,
every new regulation , anything that government does increases the
cost of housing and he felt that if the Board did have an
opportunity sometime to begin to reduce it , the Board should take
advantage of it . He went on to question public hearings . He
stated that he had noticed their being an unduly number of public
hearings on scene projects , he asked if the developer should be
responsible for those or are same of those because of the public or
because of Board action?
Supervisor Raffensperger replied , actually there is scanething that
says something like , if it is not the fault of the applicant , but
the Board , then the fee will not be charged . It ' s discretionary .
Councilman Whitcomb asked if an environmental assessment form was
required for this ?
Town Planner Beeners replied , yes .
Councilman Whitcomb asked if there was an easier way to establish
fee schedules other than amending the Zoning Ordinance ? Couldn ' t
we have a separate fee schedule ?
Town Attorney Barney replied , our hope is to come back with exactly
that , to have a local law which is a fee schedule for everything .
The probl(m is that here some of the fees are already established
in our Zoning Ordinance and Subdivision Regulations so you either
have to amend by deleting that section or we put it in here .
Councilman Whitcomb remarked that the fee schedule looks like a
bookkeeping nightmare , he asked if any thought had been given to
the amount of time it was going to take to keep track of the
accounts and escrow accounts for developers ?
Supervisor Raffensperger replied , when we went to this system if we
had went to what looked like an easy and flat fee first of all , you
would not be encouraging the kind of efficiency we are talking
about and secondly if we were to set those flat fees any developer
would have the right to cane to us and say , probably in court , how
did you cane up with those figures . The way in which you come up
with those figures is , unfortunately , the kind of bookkeeping that
is required in this escrow kind of system . Whether or not we will
wish to continue that so completely at the end of a period of
evaluation. she did not know but at least we will have set the basis
for defending the kinds of fees that we substitute .
Councilman Whitcomb remarked , suppose a developer builds buildings
on a lot , you are not including that in your calculations ?
Town Planner Beeners replied that she felt buildings should be
included in the site plan review fees . We also said that cluster
subdivisions would be subject to subdivisions only and not site
plan fees so that if someone wanted to subdivide and build a
cluster subdivision , the review and control over the building is
not necessarily built in but would be covered in the discretion in
the fees .
Councilman Whitcomb asked , if saneone came in with a clustered
subdivision you would include the costs of the buildings in his
estimated costs of improvement?
Town Planner Beeners replied , that may be something that we will
actually have to fix in this draft . In clusters it would just be
the subdivision fee .
Town Board Meeting 18 February 12 , 1990
Supervisor Raffensperger remarked , if it cost more to review it we
say to him you have this complicated cluster , its costing us more
than the amount you put in the escrow , you have to put more in .
It ' s the actual costs . You estimate to begin with but more can be
added or .refunded .
Town Attorney Barney remarked that after researching the question
of the need to do a SEAR , he felt that it was not necessary because
it was not an action but that he would like to review cases before
making a final determination .
RESOLUTION NO , 38
Motion by Councilman Whitcomb ; seconded by Councilwoman Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 7 : 30 P . M . , on March 12 , 1990 to
consider development review fee schedule .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none) .
CONDITIOMkL LICENSE FOR ENCROACHMENT ON FOREST HOME TRAIL
Building Inspector/ Zoning Officer Frost stated that Mr . Blumen went
to the Zoning Board of Appeals for special approval for the carport
which is a non-conforming building on a non-conforming lot . The
Zoning Board permitted the carport to be built up to the property
line but not over the property line . The carport on the northwest
corner has a post which supports the roof that is over by 6 " , the
roof which overhangs the post is 1 . 4 ' on Town property .
Councilman Klein asked if the Town should charge for the license ?
He noted that the Board of Zoning Appeals was very clear in terms
of the conditions that were given , he could build up to the
property line but he wasn ' t supposed to go over and he built right
on the trail . Councilman Klein remarked that he had no problem
granting the license but it is costing the Town some money to grant
this license .
Town Attorney Barney replied that there was no prohibition against
charging for the license if that was what the Board chose to do .
RESOLUTION N0 , 39
Motion by Councilman Liguori , seconded by Councilwoman Valentino ,
RESOLVED , that the Town grant a license to Isadore Blumen to
maintain a. slight encroachment of his carport onto the Town ' s trail
adjacent to the north of his property at 122 Warren Road , Town of
Ithaca , such license to be revocable at the Town ' s discretion , and
it is further
RESOLVED , That the Town Supervisor be authorized to execute a
license agreement in form and substance acceptable to the
Supervisor and the Attorney for the Town granting such revocable
license , such agreement to contain terms and conditions relating to
same as the Supervisor and Attorney deem necessary or desirable to
protect the interests of the Town , and it is further
RESOLVED , that the license granted hereunder is subject to the
granting of appropriate variances by the Town of Ithaca Zoning
Board of Appeals before the license agreement is executed by the
Town .
I
Town Board Meeting 19 February 12 , 1990
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) ,
E=SION OF EMPLOYMENT FOR PLANNING TECHNICIAN
Town Planner Susan Beeners noted that John Czamanske has held the
position since January 3rd . She noted that the position had not
been advertised and she recormends that the job discreption be
changed to better reflect the needs of the third person in her
office in the support person to the various committees .
RESOLUTION NO . 40
Motion by Supervisor Raffensperger , seconded by Councilwoman Leary ,
WHEREAS , -the Town Board on December 29 , 1989 approved the hiring of
John D . Czamanske as Temporary Planing Technician for 37 . 5 hours
per week from January 3 - February 12 , 1990 ( 29 days total , 217 . 5
hours ) based on an annualized rate of $ 19 , 500 , and
WHEREAS , -the Town Planner has recommended the following :
a ) that the position be extended for a period from February
13 - June 11 , 1990 at an annualized rate of $ 19 , 500 with
the addition of optional participation in the Town
medical insurance program for that period .
b) that the Planning Technician job description be reviewed
by the Personnel Committee on March 1 ( or as
alternatively scheduled) , and that the Town Board review
any modified job description prior to advertisement ,
c ) that the position be advertised beginning in March 1990 .
d) that the Planning Technician position be made a permanent
full time position no later than June 12 , 1990 .
THEREFORE BE IT RESOLVED , that the Town Board approve and hereby
does approve the extension of employment of John D . Czamanske as
Temporary Planning Technician during the period from February 12 -
June 11 , 1990 for a maximum of 37 . 5 hours per week , at an
annualized rate of $ 19 , 500 with the salary amount to be paid out of
Account No . B8020 . 100 , plus the prorated Town share of medical
insurance at the option of the employee , and
FURTHER BE IT RESOLVED , that the job description is expected to be
reviewed by the Personnel Committee on March 1 , 1990 or as
otherwise scheduled , with the final position selection expected to
occur no later than June 12 , 19900
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
AWARD OF TRUMANSBURG ROAD SEWER BID
Supervisor Raffensperger noted several changes to the agreement
which she! felt the Town Board should be aware of .
Town Attorney Barney replied that he was going to suggest that the
award be conditional on the execution of the agreement .
Town Attorney Barney noted for the Board that Paolangeli
Construction Company was a client of his law firm , however , they
have not represented him in any way in this contract .
Town Board Meeting 20 February 12 , 1990
RESOLUTION NO , 41
Motion by Councilwoman Leary , seconded by Supervisor Raffensperger ,
WHEREAS , -the Town of Ithaca received eleven ( 11 ) bids for the
construction of our 1989 Trumansburg Road sewer main extension on
Wednesday , November 8 , 1989 , and
WHEREAS , Paolangeli Contractors of 129 West Falls Street , Ithaca ,
New York was the low bidder with a bid of $50 , 820 ,
NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of
Ithaca that Paolangeli Contractors be awarded the contract for the
construction of the Town of Ithaca ' s 1989 Trumansburg Road sewer
main extension conditional on the execution of an agreement between
Cornell University , the City of Ithaca and the Town of Ithaca with
regard to dollars .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
Supervisor Raffensperger noted that the last time the Board met at
a noon meeting the Board discussed the elements of the agreement
between the City , the Town of Ithaca and Cornell . There have been
some fairly minor changes and it still reflects the intent of the
negotiations .
Town Attorney Barney remarked that it was discussed as to what
might happen if the project costs exceeded $ 60 , 000 , who would pay
for it? As part of our discussion we had a clause at that time
saying we would negotiate who would pay for it . Both Cornell and
the City were not too happy so we have modified paragraph 6 which
deals with that which basically says now , that , as far as Cornell
and the City are concerned they are not obliged to pay any more
than they are paying by signing on to this agreement . The other
change was that Cornell had initially sent down a draft which said
if they get an exemption from increased sewer assessments by virtue
of this pipe going into the ground as long as they don ' t do
anything with the land . When they read it over again they asked
the question , what if they sell off or transfer a small piece of
the land , does that mean they loose their exemption on all of the
land ? There is about 36 acres and he stated that in his
negotiations with Cornell he felt if they wanted to sell off a
piece of land that was their business but then they shouldn ' t
expect to have the benefit of the exemption . Shirley Egan came
back with. how about if we use it for public purpose such as a park
and ride or a day care center or something of that nature . He
stated that he and the Supervisor had discussed it and decided this
would be okay so they added a new paragraph .
Supervisor Raffensperger remarked that Cornell also wanted the
right to prepay their contribution . She stated that she did not
see the changes as being substantial . No action was needed .
BENEFIT ASSESSMENT REFUNDS
RESOLUTION NO , 42
Motion by Supervisor Raffensperger , seconded by Councilwoman Leary ,
WHEREAS , George Dengler , 250 Du Boice Road , Parcel No . 23-1- 14 . 2
was charged 2 . 25 units of water and 2 . 25 units of sewer on his 1990
Town and County Taxes , and
��mnir
Town Board Meeting 21 February 12 , 1990
WHEREAS , Mr . Dengler should have been charged for 1 . 44 units of
water and 1 . 44 units of sewer , and
WHEREAS , Mr . Dengler has paid his 1990 taxes in full ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 51 . 84 for water and $ 50 . 22 for
sewer , total refund of $ 102 . 06 be paid to George Dengler , 150 Du
Boice Road , Ithaca , New York .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
RESOLUTION N0 , 43
Motion by Councilman Whitcomb ; seconded by Councilman Klein ,
WHEREAS , Howard C . Aderhold , 123 Muriel Street , Parcel No . 70-11 -52
was charged 2 units of water and 2 units of sewer on his 1990 Town
and County Taxes , and
WHEREAS , upon inspection of the premises by the Assistant Building
Inspector it was verified that the apartment in the house is no
longer rented and is used solely by the owner , and
WHEREAS , Mr . Aderhold has paid his 1990 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 Howard C . Aderhold , 123
Muriel Street , Ithaca , New York .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) ,
RESOLUTION N0 , 44
Motion by Supervisor Raffensperger ; seconded by Councilwoman
Valentino ,
WHEREAS , James Z . Mc Kenna , 266-67 Coy Glen Road , Parcel No .
29-8-5 . 2 was charged 1 unit of sewer on his 1990 Town and County
Taxes , and
WHEREAS , sewer is not available to this property , and
WHEREAS , Mr . Mc Kenna paid his 1990 taxes in full ,
NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of
Ithaca hereby authorize a refund of $ 62 . 00 for sewer be paid to
James Z . Mc Kenna , mailing address of 254 Genung Road , Ithaca , New
York .
( Raffensr:erger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
TAX EXEMPTION FOR CITY PROPER'L'Y
Supervisor Raffensperger noted a letter that was received in
November from the City asking the Town to exempt the City water
shed properties .
Motion by Councilman Liguori ; seconded by Councilwoman Leary ,
Town Board Meeting 22 February 12 , 1990
WHEREAS , the City of Ithaca has requested that the Town of Ithaca ,
pursuant to Section 406 of the Real Property Tax Law , agree to the
exemption from Town taxes of certain properties hereinafter
described , and
WHEREAS , the City has represented that such parcels are used for
water shed properties , water supply or pumping stations in
conjunction with the City of Ithaca ' s water supply facilities , and
WHEREAS , the Town is willing to agree to such exemption ,
NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca does hereby
agree to exempt the following described properties fran the payment
of Town levied real estate taxes so long as said properties are
owned by the City of Ithaca and used by the City of Ithaca for
water shed or pumping station purposes :
Tax Numbers Approximate Location
54-2-21 Pearsall Place
63-2- 15 Maple Avenue
26-5-6 Trtunansburg Road
55- 1 - 1 Slaterville Road
48- 1 - 11 . 2 676 Coddington Road
48-1-9 . 2 676 Coddington Road
and it is further
RESOLVED , that in accordance with Section 490 of the Real Property
Tax Law said exemption shall apply to fire protection district
charges but shall not apply to water and sewer assessments assessed
in conjunction with the instruction and financing of water and
sewer facilities in the Town of Ithaca .
(Raffensperger , Whitcanb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW N0 . 1 ,
1981 TO PROVIDE FOR THE ISSUANCE OF TEMPORARY CERTIFICATES OF
OCCUPANCY AND FOUNDATION PERMITS
RESOLUTION N0 , 45
Motion by Councilman Klein ; seconded by Supervisor Raffensperger ,
RESOLVED , that the Town Board of the Town of Ithaca will meet and
conduct a public hearing at 8 : 15 P . M . , on March 12 , 1990 to
consider amending Local Law No . 1 , 1981 to provide for the issuance
of temporary certificates of occupancy and foundation permits .
(Raffensperger , Whitcanb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
INCREASE IN CHARGE FOR THE ZONING ORDINANCE , APPENDIX AND MAP
Supervisor Raffensperger noted that the charge of $ 2 . 50 was set
about a year ago but now that we have a new Zoning Ordinance , the
$ 2 . 50 charge does not cover the expense to reproduce it .
Town Board Meeting 23 February 12 , 1990
Town Attorney Barney remarked that the only change was the cost of
reproducing the diazo maps which he had now included in the
ordinance .
RESOLUTION' N0 , 46
Motion by Supervisor Raffensperger ; seconded by Councilwoman
Valentino ,
RESOLUTION AMENDING PRIOR RESOLUTIONS
ON FREEDOM OF INFORMATION
BE IT RESOLVED , that the rules and regulations adopted by the Town
Board of the Town of Ithaca on March 10 , 1975 and subsequently
amended on September 12 , 1988 , relating to the public inspection
and copying of such Town of Ithaca records as are subject to public
inspection by law are hereby amended to read as set forth below and
the same shall continue in effect until altered , changed , amended
or superseded by further resolution of the Town Board or otherwise
as may be required by law :
A . Designation of Records Access Officer . Pursuant to Part 1401
of Chapter XXV of the Codes , Rules and Regulations of the State of
New York the Town Clerk and Deputy Town Clerks at 126 East Seneca
Street , ]Ithaca , New York , 14850 are designated as the records
access officer for the Town of Ithaca . Hereinafter , the Town Clerk
and Deputy Town Clerks are collectively referred to as the "Clerk " .
Be Place of Inspection . The records subject to public inspection
by law shall be made available for inspection at the Town of Ithaca
office at 126 East Seneca Street , Ithaca , New York , 14850 , or at
such other location as the official Town of Ithaca office then
occupies .
Co Time of Inspection . Such records shall be made available for
public inspection on regular business days during regular business
hours , if readily available . If not readily available , written
request specifically describing records to which access is desired
shall be filed with the Clerk who shall , within five business days
of the receipt of such request , make such records available to the
person requesting it , deny such request in writing , or furnish a
written acknowledgement of the receipt of such request and a
statement of the approximate date when such request will be granted
or denied which must be within ten business days of the date of
such acknowledgement .
D . Designation of Appeals Officer . The Supervisor of the Town of
Ithaca is hereby designated the person to hear appeals regarding
denial of access to records under the Freedom of Information Law ,
E . Denial of Access . Denial of access by the Clerk shall be in
writing stating the reason therefor and advising he
g person denied
access of his or her right to appeal to the Town Supervisor who
shall be identified by name , title , business address and business
telephone number . Failure to respond to a request for access
within five business days of receipt of a request shall be deemed a
denial of access . Failure to either deny or grant access within
ten business days after the date of issuance of an acknowledgement
of receipt of a request shall also be construed as a denial of
access .
F . A.pjLeals . Any person denied access to records may appeal such
denial in writing to the Town Supervisor . Such appeal shall be
made within 30 days of denial . The appeal shall identify
Town Board Meeting 24 February 12 , 1990
1 . The date and location of request for records .
2 . The records that were denied .
3 . - The name and return address of the appellant .
The Clerk shall transmit to the Town Supervisor and to the
Committee on Open Government copies of all appeals upon receipt of
an appeal .
The Town Supervisor shall inform the appellant and the Committee on
Open Government of the Supervisor ' s determination in writing within
ten business days of receipt of an appeal .
A final denial of access to a requested record shall be subject to
court review as provided for in Article 78 of the Civil Practice
Laws and Rules of the State of New York ,
G . Fees .
( 1 ) Copies generally . The Clerk shall upon request make a
copy or copies of any record subject to such inspection and which
can be copied on the Town of Ithaca copying equipment (maximum size
8- 1 / 2 inches by 14 inches ) upon a payment of $ . 10 per page for the
first ten pages of any document and $ . 05 per page for any
additional pages of the same document , copying of which is
requested at the same time .
If the Town Offices have working equipment enabling copying of
maps , diazo reproductions of those maps that can be copies will be
supplied at a cost of $ . 50 per square foot .
Any documents , tapes , maps , papers , etc . , which cannot be copied in
the Town offices will be supplied to the requestor after payment of
actual cost of copying .
If a copy or copies are desired thereof by the requestor , the Clerk
shall have the requested copies available at the Town offices
within five business days .
( 2 ) Copies of certain documents . Notwithstanding the
foregoing the Clerk shall provide copies of the following documents
upon payment of the fees set forth opposite the same :
( i :) Zoning Ordinance , Appendix and Map $ 4 . 50
( ii :) Subdivision Regulations 1000
( iii .) Environmental Review Regulations 1000
( iv ) Sign Ordinance 1000
( 3 ) Postage . If the requestor requests that copies of
documents be mailed to the requestor , there shall be added to the
costs of copying the postage costs reasonably estimated to be
incurred in mailing the requested documents to the requestor . The
provision in this resolution for reimbursement of postage costs
shall in no way obligate the Town to mail any documents . Such
mailing shall be in sole discretion of the Clerk .
( 4 ) Certification . The Clerk shall , upon request , certify a
copy of a document or record prepared pursuant to the provisions of
the preceding subsections is a true copy .
( 5 ) Receipts . The Clerk or any other person at the Town
receiving funds pursuant to any of the foregoing subsections shall
give to the payor a receipt for the amount paid and maintain
duplicate copies of such receipts for the Town records .
ENEWE
Town Board Meeting 25 February 12 , 1990
H . Deletion of Details to Avoid Invasion of Privacy . To
prevent an unwarranted invasion of personal privacy , until such
time as the Committee on Open Government or other . agency
promulgates guidelines for the deletion of identifying details for
specified records which are to be made available , the Town reserves
the right to delete any identifying or other details which would
constitute an unwarranted invasion of personal privacy . An
unwarranted invasion of personal privacy includes , but shall not be
limited to :
( 1 ) Disclosure of such personal matters as may have been
reported in confidence to an agency or municipality and which are
not relevant or essential to the ordinary work of the agency or
municipality .
( 2 ) Disclosure of employment , medical or credit histories or
personal references of applicants for employment , except such
records may be disclosed when the applicant has provided a written
release permitting such disclosure .
( 3 ) Disclosure of items involving the medical or personal
records of a client or patient in a hospital or medical facility .
( 4 ) The sale or release of lists of names and addresses in
the possession of the Town if such lists would be used for
cammercial or fund-raising purposes .
( 5 ) Disclosure of items of a personal nature when disclosure
would result in economic or personal hardship to the subject party
and such :records are not relevant or essential to the ordinary work
of the department .
( 6 ) Such other items as may from time to time be adjudged by
statute , court decision , or by any Federal , State , or local agency
having jurisdiction in the matter , as an unwarranted invasion of
privacy .
J . Subject Matter List , The Town shall maintain and make
available for public inspection and copying , in conformity with
such lawful regulations as may be issued by the Committee on open
Government , a current list , reasonably detailed , by subject matter ,
of any records which shall be produced , filed , or first kept or
promulgated after the effective date of this article . Such list
may also provide identifying information as to any records in the
possession of the department on or before the effective date of
this article .
K . Votes on Proceedings . In addition to such requirements as may
be imposed by this resolution or by Chapter 933 of the Laws of
1977 , as amended , each board , commission or other group of the Town
having more than one member shall maintain and make available for
public inspection a record of the final votes of each member in
every agency proceeding in which he votes .
L . Public Notice . The Clerk shall publicize by posting in a
conspicuous location in the Town offices :
( i. ) the location where records shall be made available
for inspection and copying ;
the name , title , business address and business
telephone number of the designated records access
officer ,
the right to appeal by any person denied access to a
record and the name and business address of the Town
Town Board Meeting 26 February 12 , 1990
Supervisor to whom an appeal is to be directed .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye: . Nays - none ) .
TRUMANSBURG ROAD SEWER EASEMENT
No action will be taken on this item this evening .
REMOVAL OF THE KYONG PROPOSAL FROM THE TABLE
Supervisor Raffensperger noted that the Board has received a number
of letters from the Attorney for the Kyongs for the proposal on
Trumansburg Road asking the Board to take action on it to remove it
from the table and they were not happy because they received no
response from their letter . After this item was put on the agenda
she stated that she had asked the Town Attorney to check with the
Attorney for the Kyongs . The Supervisor stated that she received a
letter from the Town Attorney saying he had received a call from
the Attorney for the Kyongs requesting that the proposal be left on
the table for a period of three months because they are hopeful
that they then will have a sense of the progress of the master
planning program and how it might effect their project . Our
willingness to take it off the table and communicate with them
seemed to change their minds .
1989 BUDGET TRANSFERS
RESOLUTION NO , 47
Motion by Supervisor Raffensperger ; seconded by Councilwcman Leary ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the following budget transfers :
GENERAL rD3WNWIDE FUND
FROM ' T0 :
A1110 . 4 $ 110000 A1220 . 4 $ 110 . 00
A1110 . 2 129 . 00 A1330 . 4 129 . 00
A1340 . 2 24 . 78 A1410 . 4 24 . 78
A1920 . 4 742 . 50 A1430 . 1 742950
A1920 . 4 39911 A1420 . 4 39 . 11
A1920 . 4 95 . 73 A7140 . 4 95973
A1920 . 4 27 . 03 A3310 . 4 27 . 03
A1440 . 1 77 . 75 A1670 . 4 77 . 75
A1440 : 4 101 . 32 A1670 . 4 101 . 32
A5132 . 2 1 , 214 . 14 A1620 . 4 1 , 214 . 14
A5132 . 2 132 . 00 A5132 . 4 132 . 00
A5132 . 2 60 . 72 A3510 . 4 60 . 72
A9030 . 8 3935 A9055 . 8 3 . 35
A599 11 , 018 . 20 A1420 . 4 111018 . 20
A599 11810 . 00 A9060 . 8 11810 . 00
(Raffensperger , Whitcomb , Leary , Klein , Liguori and. Valentino
voting Aye . Nays - none ) .
TOWN OF ITHACA WARRANTS
RESOLUTION NO . 48
Town Board Meeting 27 February 12 , 1990
Motion by Councilwoman Valentino , seconded by Councilman Klein ,
RESOLVED , that the Town Board of the Town of Ithaca hereby approves
the Town of Ithaca Warrants dated February 12 , 1990 , in the
following amounts :
General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . $ 82 , 644 . 66
General Fund - Outside Village . . . . . . . . . . . . . . . . . . . $32. , 376 . 41
Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22. , 701 . 44
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68 , 621 . 13
Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 404 . 96
Lighting Districts Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 360 . 64
( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
BOLTON POINT WARRANTS
RESOLUTION N0 , 49
Motion by Supervisor Raffensperger , seconded by Councilman
Whitcomb ,
RESOLVED , that the Bolton Point Warrants dated February 12 , 1990 ,
in the Operating Account are hereby approved in the amount of
$ 133 , 834 . 57 after review and upon the recommendation of the
Southern Cayuga Lake Intermunicipal Water Commission , they are in
order for payment .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
EXECUTIVE SESSION
RESOLUTION NO . 50
Motion by Supervisor Raffensperger ; seconded by Councilman
Whitccanb ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
into Executive Session to discuss the South Hill Trail petition on
the basis that it is a matter of present and potential litigation .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none) .
OPEN SESSION
RESOLUTION NO . 51
Motion by Supervisor Raffensperger , seconded by Councilwoman
Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby moves
back into Open Session .
( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
RESOLUTION NO . 52
Town Board, Meeting 28 February 12 , 1990
Motion by Supervisor Raffensperger , seconded by Councilwoman
Valentino ,
RESOLVED , that the Town Board of the Town of Ithaca hereby ratify
the actions of the Town Attorney to the Town in bringing a law suit
in the name of Peter Grossman for the benefit of setting aside the
filing of the petition for a referendum brought in respect to the
South Hill. Trail and authorize the continuation of that action to
its conclusion .
Roll Call Vote
Councilman Klein Voting Aye
Councilwoman Leary Voting Aye
Councilman Liguori Voting Nay
Councilwoman Valentino Voting Aye
Councilman Whitcomb Voting Aye
Supervisor Raffensperger Voting Aye
The Resolution was duly adopted .
ADDITIONAL 1+lARRANT
Supervisor Raffensperger noted an additional bill from Pickard &
Anderson in the amount of $ 14 , 610 minus 10 % retainage , which was
not included in the Warrants for the TV inspection of the sewers in
the Northeast .
RESOLUTION N0 . 53
Motion by Supervisor Raffensperger ; seconded by Councilman
Whitcc,,b ,
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorize the payment of $ 14 , 610 minus 10% retainage to Pickard &
Anderson for 28 , 947 . 5 linear feet of TV sewer inspection in the
Northeast .
(Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino
voting Aye . Nays - none ) .
ADJOURmwr
The meeting was duly adjourned .
Town Clerk
AFFIDA VIT OF PUBLICATION
ITHACA JOURNAL
State, of New York , Tompkins County , ss. :
Gail Sullins being duly sworn , deposes and TOWN OF ITHACA
NOTICE OF PUBLIC HEARING
says ; that she/he resides in Ithaca , county and state aforesaid and that PLEASE TAKE NOTICE, 'thot the :
Clerk Town Board of the Town of
she/he IS Ithaca will meet and conduct
a public hearing , on February '
of The Ithaca Journal a public newspaper printed and published in 20' tt 7i., athe 1 ,1991 :Of t
East Seneca Street, Ithaca,�q .
Ithaca aforesaid , and that a notice , of which the annexed is a true New York, for the purpose of
hearing all persons interested,
cop , was published in said paper in amendments to the Fire -
Contract with the City of y Itho- .
ca for fire protection in the r
I —1(']�� 6 Town of Ithaca, excepting the ' _
r h •r a IT
r
following areas, to Wit :
a ) The Village of Cayuga
Heights.
b ) The area comprising all the . .. .
territory lying between the ' '
east boundary of Cayuga'
Heights and the east boundary.
I of the Town of Ithaca. I
and that the first publication of said notice was on the c ) The Hamlet of Forest Home;
exclusive of the structure E
housing the Cornell University
day of h r l' A T ✓ 19 C Filtration Plant- , .-
Such amendments to be con-, :�
sidered include the following :
L� Q 1 . Extending the contract to
.� 1994. . ;
2. Increasing the payments by .
the Town for certain years
from those previously agreed
Su i and sworn. to before me , upon .
th1S � day 3. Increasing the permitted ?
w staffing levels to be included
Of 19 C C/ in calculating th Town's pay-
ments pursuant to the corn
tract; and
4 . Providing for training op t
portunities for among others, j .
volunteer firemen .
Jeon H . Swartwood .
G Notary Public . Town Clerk. )
JEAN FORD February 1 , 1990 ,
Notary Public, State of New York
No. 4654410
Qualified in Tompkins County/�
CAXmmigii:a expires May 31, 19:`./