Loading...
HomeMy WebLinkAboutTB Minutes 1990-06-11 TOWN OF ITHACA TOWN BOARD MINUTES June 11 , 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 11th day of June , 1990 , there were . PRESENT : Shirley Raffensperger , Supervisor John Whitcomb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman ALSO PRESENT : Dan Walker , Town Engineer John Barney , Town Attorney Andrew Frost , Building Inspector/ Zoning Officer George Frantz , Assistant Town Planner Harlin McEwen , 422 Winthrop Drive Heinz P . Riederer , 496 Five Mile Drive Daniel C . Hall , 494 Five Mile Drive Dan Aneshansley , 118 Glenside Road PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Supervisor Raffensperger reported that the Town had received , from the State , speed limit request approvals for an area wide 30 MPH for the Grandview tract , 50 MPH for Route 96B to the Town line , an area wide speed limit of 30 MPH for Eastwood Cans , 45 MPH for East King Road , 35 MPH for Judd Falls Road and 35 MPH for Pine Tree Road . The speed limit requests that are still pending are for Route 96 , Dubois Road , Route 34 (East Shore Drive) , Warren Road and Woolf Lane and that the State DOT had reported that work was well underway on these requests and should be completed within the next two months . Supervisor Raffensperger stated that she had written a memo to the Town staff noting that the Town is currently experiencing a shortfall of 13 . 65% in the expected Sales Tax revenues . Also , the late approval of the State Budget and , therefore , delays in State Aid receipts have also had an impact on the cash balances . She stated that she had asked the Town staff to restrict purchases to those that are essential to Town services that must be provided . The Supervisor reminded the Board members of the Town picnic scheduled for June 22 at Stewart Park , The Supervisor went on to say that she had received a letter from the Elmira District Office of the U . S . Bureau of Census and that they will be conducting a "Were You Counted? " campaign . The Town Board Minutes 2 June 11 , 1990 purpose of the campaign is to identify and to enumerate people who believe they or members of their household were not included in the census . Supervisor Raffensperger noted that Cornell University had provided copies of Volume 1 of the Campus Plan to the Town staff and officials , chairperson of the Planning Board and chairpersons of the civic associations . She noted that several copies were available at Town Hall for anyone who was interested . Town Engineer ' s Report Daniel Walker , Town Engineer reported on the following Capital Improvement Projects : 1987 Water and Sewer Improvements The Trumansburg Road sewer extension from Bundy Road has been installed and final grading and restoration has been completed by the contractor . A final engineering field check will be completed this week . 1989 Water and Sewer Improvements - West Hill The survey for extension of sewer along Trumansburg Road from Woolf Lane to the Town line has been completed . Design of the gravity sewer system has been started and construction this summer is anticipated . The survey for the extension of a 12 inch watermain along the east side of Trumansburg Road from Hayts Road to Dubois Road has been completed and design will be completed for construction . Construction of this additional line will supplement the main through the hospital area by creation of a loop . 1989 Water and Sewer Improvements - South Hill The Troy Road water tank design has been completed and advertisement for bid is anticipated for the end of June pending final review by the Engineer and the Town Attorney , 1989 Water and Sewer Improvements - Inlet Valley Preliminary plans have been reviewed by the Town Engineering staff and are currently under revision by the Consultant . The proposed watermain extends across two large parcels , one is an existing subdivision ( 1930 ' s vintage ) in the Town , the other is within the City limits . Negotiations with the land owners for easements are under way . The advertisement for bids on this project is dependent upon having easements agreed to . The proposed watermain will connect to the City water system at the Elm Street water tank and alignment details are being worked out with the City Engineer . The proposed sewage system will discharge into the City of Ithaca Floral Avenue sewer , and the final connection design is being done with review by the City Engineer to ensure that existing capacities are not exceeded . General Water and Sewer A survey has been completed for watermain replacement along Trumansburg Road from the Cliff Street pump station to Bundy Road . This project is proposed to replace an old and undersized line that has had several breaks over the past few years , and is a weak link in the West Hill water supply system . Highway Superintendent ' s Report Town Board Minutes 3 June 11 , 1990 Highway Superintendent John Ozolins was unable to attend the meeting , however , Supervisor Raffensperger noted that the paving project had been completed . All streets scheduled for paving were completed . Stone Quarry Road would be open to only one lane traffic from June 13 to June 20th in order to replace the guard rails . The news media has been informed and a box ad was put in the Ithaca Journal . Also., Burns Road will be closed from June 11 to June 15th so that improvement to the shoulders and drainage work can be performed . Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost reported that seventeen new building permits were issued in May , also twenty-seven certificates of occupancy and one foundation permit . He went on to say that they received five new complaints and made one hundred twenty-one field visits . Mr . Frost went on to note that he had been working with Fran Benedict and the committee for the 4th of July fireworks . The fireworks display will be held either July 1st or 2nd and will be at Ithaca College this year instead of Cornell University . He stated that he had inspected the large field where they planned to hold them . An application , to hold the fireworks , must be completed and a bond , which the committee proposes will be in the amount of one million dollars , must be received before the permit can be issued . The Town Clerk , Building Inspector and the Town Attorney will coordinate their efforts to make sure the permit requirements have been met . Assistant Town Planner ' s Report Assistant Town Planner George Frantz presented the following report : Comprehensive Master Plan Staff in cooperation with Stuart I . Brown Associates continued to provide support to the Comprehensive Planning Committee . (CPC ) Work on the comprehensive master plan focused during the month of April on final production of the Residents ' Survey . The survey was completed at the end of the month and mailed to approximately 5 , 500 households throughout the Town the first week in May . Response to the survey was very positive , over 30 % of the surveys mailed out were completed and returned . (A 15 % return rate is generally considered to be a good response ) . The results of the survey are being tabulated by Cornell University Computer Services . Staff plan to have a preliminary report ready for CPC review in July . Other comprehensive plan-related work has been the drafting of an outline for review by the CPC , and the initial gathering of data and mapping information to be used in the plan . Three student summer inters are now working fulltime in research and mapping support capacity to Town staff and Ronald Brand of Stuart I . Brown Associates , On Tuesday , May 29 the CPC and the public heard a presentation on elements of a comprehensive plan by Donald Odell of the State Office of Local Government Services . Conservation Advisory Council Planning staff has been preparing an outline for the Natural Resources /Open Space Index which the CAC has been charged with preparing . The index will be incorporated into the comprehensive master plan , and serve as a key tool in the work of the CAC in the coming years . Town Board Minutes 4 June 11 , 1990 Staff has also been providing support to the Natural Areas Committee of the CAC . The Committee is currently reviewing possible Town responses to City of Ithaca proposal for protection of its ," Six Mile Creek watershed area . Codes and Ordinances Ccn ni.ttee Planning staff has been working with zoning , engineering , and legal staff on ongoing revisions to the Town of Ithaca Zoning Ordinance . Currently under discussion are regulations governing earth moving , dumping and grading . Development Review Planning and Engineering department staff are implementing new procedures necessary to administer the Development Review Fees schedule enacted by the Town Board in March of this year , and in effect since April 3 . Development review activity by the Town of Ithaca Planning Board include recommendations to the Zoning Board of Appeals on 5 Requests for Special Approval , all Cornell University projects , three Final Subdivision Approvals totaling six lots , and one Sketch Plan Review for the proposed development of 307 units of affordable housing on the Cerrache property by Prodecon . Of the recommendations to the ZBA , four were reccnraendations for approval of the projects and one , the request by Cornell Residence Life to modify the site plan for Maplewood Park Apartments to allow retention of a warehouse , was a recommendation that approval be denied . The Planning Board at its May 1 , 1990 meeting heard presentations by Cornell University officials on ongoing campus planning projects and upcoming university and university affiliates construction projects in the Town of Ithaca . REPORT OF TOWN COMMITTEES CPC Councilman Klein stated that he felt Assistant Planner George Frantz had pretty much covered the committee activities in his report . CAC Councilman Whitcomb remarked that the agricultural survey had been ccnpleted „ He noted a need for clerical support for the committee . Councilman Whitcomb went on to say that the CAC had designated Laura Marks to represent the committee at a semi o nar on Open Space Protection and requested the Board ' s approval . RESOLUTION NO . 140 Motion by Councilwoman Valentino ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Laura Marks to represent the CAC at a seminar on Open Space Protection to be held in Syracuse , June 14th and 15th at a cost not to exceed $ 120 . 00 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CONSERVATION ADVISORY COUNCIL MEMBERSHIP Town Board Minutes 5 June 11 , 1990 RESOLUTION NO . 141 Motiont by Supervisor Raffensperger ; seconded by Councilwoman Valentino , WHEREAS , the Town of Ithaca Planning Board has recommended the appointment of Planning Board member Eva Hoffmann as its second representative to the Conservation Advisory Council , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoint Eva Hoffmann to serve as the second representative from the Town of Ithaca Planning Board on the Conservation Advisory Council . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . Codes and Ordinance Committee ittee Councilman Niklas noted that the committee would be discussing non-conforming land use and the issue of fill at their next meeting . REPORT OF COUNTY REPRESENTATIVES No representative of the County Board of Representatives was in attendance . FINANCIAL REPORT RESOLUTION NO , 142 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the April and May Financial Report , as presented . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . QUARTERLY INVESTMENT REPORT RESOLUTION NO , 143 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following Investment Report for the Quarter 1 / 1 / 90 - 3 / 31 / 90 : CERTIFICATES OF DEPOSIT DATE RATE OF MATURITY INTEREST ACQUIRED AMOUNT INTEREST DATE EARNED 9 / 3 / 89 $ 101411 . 48 8 . 30% 3 / 3 / 90 $ 437 . 42 3 / 3 / 90 $ 10 , 848 . 90 7990 % 9 / 3 / 90 ------ SAVINGS END OF MONTH RATE OF INTEREST MONTH BALANCE INTEREST EARNED i I Town Board Minutes 6 June 11 , 1990 January $ 1 , 197 , 960 . 65 6 . 00 % $ 6 , 148 . 34 February $ 1 , 323 , 521 . 54 5 . 75% $ 6 , 862 . 11 March r $ 2 , 366 , 120 . 23 5975 % $ 7 , 651 . 21 INTEREST CHECKING END OF MONTH RATE OF IN'T'EREST MONTH BALANCE INTEREST EARNED January $ 35 , 342 . 62 4 . 500 $ 581 . 30 February $ 57 , 033 . 99 4 . 50 % $345 . 20 March $338 , 483 . 74 4 . 50 % $ 614 . 67 (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . INDEPENDENT AUDIT REPORT Supervisor Raffensperger remarked that if the Board had further questions on the report they should let her know and she would include it as an agenda item , for discussion , at the July meeting . RESOLUTION NO . 144 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby accept the Independent Audit Report for the year 1989 , as presented . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . EXPENDITURE FROM HIGHWAY EQUIPMENT CAPITAL RESERVE FUNDS RESOLUTION N0 . 145 Motion by Councilman Niklas ; seconded by Councilman Liguori , WHEREAS , the Town of Ithaca by Resolution No . 193 adopted November 8 , 1984 established a Highway Capital Reserve account pursuant to Section 6-C of the General Municipal Law, and WHEREAS , there is presently in said Fund the sum of $ 49 , 090 . 57 , and WHEREAS , the Town is outfitting a 1990 Mack truck for the Highway Department , and is acquiring a new one ton dump truck for the Highway Department , and WHEREAS , the Town wishes to use a portion of the funds in said Highway Machinery Capital Reserve account towards the outfitting and purchase of said trucks , THEREFORE IT IS RESOLVED , that there be expended from the Highway Machinery Capital Reserve Account the sum of $ 19 , 891 . 00 towards the outfitting of a 1990 Mack truck ten-wheeler , Model No . RB6885 , Vehicle Number 2M2AM07C5LC10134 for the Town of Ithaca Highway Department , by the installation of a Model MR14D , 14 to 16 yard heated box , front hitch and snow plow equipnent , DOT Power tilting hitch , ACC hydraulic wing package and wing and related equipment having a total cost of $ 19 , 891 . 00 , and IT IS FURTHER RESOLVED , that there be expended from the Highway Machinery Capital Reserve Account the additional sum of $ 14 , 803 . 00 Town Board Minutes 7 June 11 , 1990 for the purchase of a one-ton dump truck , Chevy Model CC31003 , 3500 Series; Vehicle Identification No . 1GBJC34KOLE215298 being purchased from Action Chevrolet , for the Town of Ithaca Highway Department at a total cost of $ 14 , 803 . 00 , and IT IS FURTHER RESOLVED , that this resolution shall be subject to a permissive referendum , and IT IS FURTHER RESOLVED , that the Town Board hereby authorizes the Town Supervisor , Town Highway Superintendent , and attorney for the Town to take such steps and to execute such documents as may be necessary to effect such expenditure , and IT IS FURTHER RESOLVED , that the Town Clerk within ten days of the adoption of this resolution post and publish a notice in abstract or a copy of this resolution in the manner required by Town Law, Section 90 , specifying this resolution was adopted subject to a permissive referendum . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye The resolution was duly adopted . SET DATE FOR PUBLIC HEARING TO AMEND LOCAL LAW # 14 , 1987 TO AUTHORIZE THE ASSISTANT BUILDING INSPECTOR TO ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY It was suggested that the Deputy Town Supervisor also be authorized to issue building permits and certificates of occupancy in the absence of the Supervisor . RESOLUTION N0 . 146 Motion by Councilwoman Leary , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on July 9 , 1990 to consider amending Local Law # 14 , 1987 to authorize the Assistant Building Inspector and the Deputy Town Supervisor to issue building permits and certificates of occupancy . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ESTABLISHING STANDARDS OF CONDUCT FOR OFFICERS AND EMPLOYEES OF THE TOWN OF ITHACA Councilwoman Valentino gave the reasons for drafting the proposed legislation . Councilman Niklas questioned section 6 (b) stated that he felt the section should contain the words "unless requested by the Town Board " or a person would not be able to appear before the Board even if the Board requested it . Town Board Minutes 8 June 11 , 1990 Supervisor Raffensperger questioned section 8 on land acquisition during a persons term of office or employment and that you were not allowed to purchase or acquire more than five acres anywhere in the Town or within five miles of the Town ' s boundaries . She also questioned the section pertaining to disclosure . Councilman Whitcomb felt 7 ( c ) should say by a vote of the majority . Councilman Liguori questioned the need for the disclosure statement . Town Attorney Barney questioned section 2 (d) noting that he could not disclose the nature of his client ' s business . He also noted that State law allows a gift up to $ 75 . 00 . After considerable discussion , the Supervisor felt the proposed law should be given to the Town staff and the other Boards for their comments before a public hearing date was set . PUBLIC HEARING TO CONSIDER AMENDING THE ORDINANCE REGULATING TRAFFIC TO PROHIBIT PARKING ON BOTH SIDES OF WINTHROP DRIVE FROM THE EASTERLY ENTRANCE TO THE NORTHEAST SCHOOL TO THE WESTERLY ENTRANCE TO THE NORTHEAST SCHOOL AND ON THE NORTHERLY SIDE OF WINTHROP DRIVE FROM THE WESTERLY ENTRANCE TO THE NORTHEAST SCHOOL PARKING LOT WESTERLY TO THE INTERSECTION WITH BRANDYWINE DRIVE Proof of posting and publication of a notice of public hearing to consider amending the ordinance regulating traffic to prohibit parking on both sides of Winthrop Drive from the easterly entrance to the Northeast School to the westerly entrance to the Northeast School and on the northerly side of Winthrop Drive from the westerly entrance to the Northeast School parking lot westerly to the intersection with Brandywine Drive having been presented by the Town Clerk , the Supervisor opened the public hearing . Harlin McEwen , 422 Winthrop Drive thanked the Town Board for their help in getting the parking problems solved . He noted that their next step would now be to go before the School Board to get the school to cooperate . It was noted that no one from the Ithaca School District was at the meeting even though the Supervisor had written a letter to Joseph Stone , Principal at the Northeast School with a copy to Gary Lindenbaum informing them of the public hearing on the no parking . As no one else wished to speak , the Supervisor closed the public hearing . RESOLUTION N0 . 147 Motion by Councilman Niklas ; seconded by Councilman Klein , 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 : Town Board Minutes 9 June 11 , 1990 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 , November 10 , 1988 , July 10 , 1989 , and August 7 , 1989 , and April 9 , 1990 , is hereby further amended as follows : ( a) Section 3 relating to the parking of vehicles is amended by adding a new subparagraph (n) reading as follows . " (n) On both sides of Winthrop Drive from the easterly entrance to the Northeast School parking lot northerly and westerly to the westerly entrance to the Northeast School parking lot and on the northerly side of Winthrop Drive from the westerly entrance to the Northeast School parking lot westerly to the intersection of Winthrop Drive and Brandywine . " Section 3 . Effective Date . This ordinance shall be effective 10 days after publication and posting in accordance with Section 133 of the Town Law . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye The Ordinance was duly adopted . PERSONS TO BE HEARD Heinz Riederer , 496 Five Mile Drive read the following letter . "Dan Hall and I testified as witnesses for the Town at a recent court hearing regarding the Hull matter . This matter is now before this Board to consider an appeal of the decision . As representatives of the Glenside Neighborhood Association , we strongly urge the Town Board to appeal the decision for the following reasons . 1 . The decision allows vastly expanded commercial storage . . . including 24 hour per day access , large tractor trailers on a regular basis at all hours , and continued hourly traffic by as many as 6 to 8 panel trucks who presently are associated with the Hull businesses . 2 . Also , the decision may allow commercial signage , and an active commercial storage business in addition to the activity referenced earlier . Town Board Minutes 10 June 11 , 1990 3 . The existence of a pre-existing non-conforming use without a one year interruption since the inception of the zoning laws was not supported by the evidence or testimony at the last hearing . We , therefore , urge you to authorize an appeal to preserve the residential nature of our neighborhood . The property in question is now zoned residential R-9 /R- 15 . " Supervisor Raffensperger thanked Mr . Riederer and noted that the Board would be discussing this in Executive Session . PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE WITH REGARD TO THE DEFINITION OF HEIGHT , BASEMENT AND CELLAR Proof of posting and publication of notice of a public hearing to consider amending the Zoning Ordinance with regard to the definition of height , basement and cellar having been presented by the Town Clerk , the Supervisor opened the public hearing . LOCAL LAW # 7 - 1990 Motion by Councilman Niklas ; seconded by Councilman Whitcomb A LOCAL LAW AMENDING THE ZONING ORDINANCE WITH REGARD TO THE DEFINITION OF HEIGHT , BASEMENT AND CELLAR The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised , effective February 26 , 1968 , and thereafter further amended , be further amended as follows . 1 . Article I , Section 1 , subdivision 4-b is hereby amended to read as follows : 4-b . "Height from the lowest interior grade " as it relates to a building means the vertical distance measured from the surface of the lowest level ( floor of a crawl space , basement floor , slab , or other floor , even if below exterior grade level ) in contact with the ground surface to the highest point of the roof , excluding chimney , antennae , and other similar protuberances . When the measurement of height from the lowest interior grade is made from the floor of a cellar the maximum permissible height from lowest interior grade shall be increased by four feet . This permitted increase shall not apply when the measurement is from any other floor , including a basement floor , slab or other floor . 2 . Article I , Section 1 , is hereby amended by adding two new subdivisions , to be subdivisions 4-e and 4- f reading as follows : 4-e . A "basement " is that space of a building that is partly more than half of its height , below grade which has g , measured from floor to ceiling , above the average finished grade of the ground adjoining the building . 4- f . A " cellar " is that space of a building that is partly or entirely below grade , which has more than half of its height , measured from floor to ceiling , below the average finished grade of the ground adjoining the building . Town Board Minutes 11 June 11 , 1990 3 . This law shall take effect upon its publication as required by law . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 7 - 1990 was thereupon declared duly adopted . SUNDAY USE OF BUILDING BY A CHURCH GROUP Supervisor Raffensperger stated that she had been approached by representatives of the Unitarian Church requesting the use of the Board room on Sundays . She stated that she had asked the Town Attorney for his opinion . The Town Attorney in a memo dated May 25 , 1990 offered the following opinion , the substance of which follows . The Town Attorney stated that Hugh Kent from his office had researched cases relative to the separation of church and state issues inherent in the Unitarian Church ' s request for use of the Board Roan . He stated that assuming that the Church is not offering to pay for use of the facilities , he would have some concern as Town Attorney . The cases , although they are not entirely consistent , seem to have a rough division allowing the religious entity ' s use if the premises are leased (presumably for compensation) but denying the free use of the premises as being an infringement of the constitutional prohibition against separation of church and state . Leaving aside the legal issues , there are some policy questions such as control and access to other portions of the building , the risk to the substantially valuable equipment , the potential liabilities if someone were injured in the course of using the building . If the Supervisor and the Board are disposed to go ahead and permit the use of the building he thought , at a minimum, the Board should get some kind of certificate of liability insurance naming the Town as an additional insured and consideration might be given to charging some sort of nominal rent to compensate for some of the other risks and possible clean-up , etc . After discussion , it was the opinion of the Board that the request from the Unitarian Church should be denied . COUNTY PROPOSAL TO COLLECT TAXES IN INSTALLMENTS RESOLUTION N0 . 148 Motion by Councilman Whitcomb ; seconded by Councilwoman Valentino , wHEREAS , the Town Board of the Town of Ithaca has received from Tompkins County Division of Budget and Finance proposed Tompkins Town Board Minutes 12 June 11 , 1990 County Local Law No . 5 , which would institute installment tax payments for Town and County taxes effective 1991 , and WHEREAS , the Division of Budget and Finance has solicited comments on the proposed legislation from the Town Board of Tompkins County , and WHEREAS , the Tompkins County Town Clerk ' s Association has passed an unanimous resolution opposi u ng the tax bill system , and WHEREAS , the Town Board of the Town of Ithaca has determined that the Town would lose revenues in investment and penalty income and that additional costs would be incurred to administer an installment tax system , resulting in additional taxes to Town of Ithaca taxpayers , in excess of any advantage anticipated from the installment tax option , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca is opposed to proposed Tompkins County Local Law No . 5 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . TOWN BOARD MINUTES Councilman Klein noted that he was absent at the May 7th Town Board meeting which was noted correctly , however , he was noted to have made a statement during the meeting . Councilman Niklas was the Councilman who actually made the statement . Also , that three person in attendance at the meeting were not listed . RESOLUTION N0 . 149 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the minutes of the April 9 , 1990 and April 24 , 1990 Town Board meetings as presented by the Town Clerk , and FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approve the minutes of the May 7 , 1990 Town Board meeting with the corrections . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . ACCEPTANCE OF LOCATION OF ROAD AMID PUBLIC FACILITIES FOR SHALEBROOK DEVELOPMENT This item was postponed until the July meeting . ACCEPTANCE OF FUEL SPECIFICATIONS AND AUTHORIZE ADVERTISING FOR BIDS RESOLUTION N0 . 150 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , WHEREAS . the fuel bid for last year has expired , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the specifications for the fuels and authorizes the advertisement for bids . Town Board Minutes 13 June 11 , 1990 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none . RATIFY RENTAL OF VIBRATORY ROLLER RESOLUTION NO . 151 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , WHEREAS , the roller that was planned to be borrowed became unavailable at the last minute due to a schedule change , and WHEREAS , everything else was coordinated , the County paver was only available for a two week window and a roller was required during that time frame , and WHEREAS , several other towns were called to check the availability of their roller , and all were committed , and WHEREAS , companies renting rollers were called next and Vestal Asphalt had the right size roller at the best price , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratify the rental of a vibratory roller from Vestal Asphalt for $ 900 a week for two weeks . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RATIFY RENTAL OF STREET SWEEPER RESOLUTION N0 . 152 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , WHEREAS , the Highway Superintendent notified the Board that a sweeper was being rented for street sweeping but did not have a Board resolution authorizing the rental , and WHEREAS , the State auditors highlighted the requirement that the Board must pass a resolution authorizing the rental of equipment , and WHEREAS , the sweeper has already been used , the rental paid and the equipment returned , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby ratifies the rental of a street sweeper from Tracy Road Equipment for $ 2 , 160 a week for two weeks . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . APPOINTMENT TO TOWN OF ITHACA , VILLAGE OF CAYUGA HEIGHTS , VILLAGE OF LANSING AD HOC YOUTH SERVICES COMMITTEE RESOLUTION N0 . 153 Motion by Councilwoman Valentino ; seconded by Councilman Niklas , WHEREAS , the Village of Lansing has requested that the Town of Ithaca , along with the Village of Cayuga Heights , join with them in Town Board Minutes 14 June 11 , 1990 the establishment of an ad hoc youth services camattee , that committee to make timely recommendations on the use of State and County funds available to the municipalities in 1990 and to make recommendations on the feasibility of a joint Youth Commission , which would assess youth needs , available resources and possible programs , and WHEREAS , Town of Ithaca residents have expressed interest in improving youth services and have recommended intermunicipal cooperation in the use of matching funds available to the Towns in Tompkins County , NOW THEREFORE BE IT RESOLVED , that Catherine Valentino and Pamela Hanna be appointed to serve as Town of Ithaca representatives on the joint ad hoc youth services committee , and FURTHER BE IT RESOLVED , that they explore the practicality of inviting the participation of the Town of Danby in the committee . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PARTICIPATION IN SWAP PROGRAM A discussion was held regarding Workmen ' s Compensation Insurance . The Board felt this must be a County responsibility . RESOLUTION NO . 154 Motion by Councilman Whitcanb ; seconded by Councilman Liguori , WHEREAS , the County has started a program called the Service Work Alternative Program ( SWAP ) where persons are given cammunity service in lieu of incarceration , and WHEREAS , the County would provide supervision for this program to accanplish tasks such as brush removal , painting , litter removal , etc . The Town would have to provide materials , and the SWAP would provide the labor , and WHEREAS , this is a means to get more work done and reduce the work load on Town personnel . It would give the Town time to concentrate on more tasks requiring skilled labor , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the participation in the SWAP program supervised by the County Probation Department , and FURTHER BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Supervisor or the Highway Superintendent to sign an agreement with the Probation Departrnent to enroll the Town on the waiting list and coordinate for activities to be done by the SWAP program upon clarification of no liability to the Town . (Raffensperger , Whitcanb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RECLARIFYING TERMS OF FIRE COMMISSIONERS RESOLUTION N0 . 155 Motion by Supervisor Raffensperger ; seconded by Councilwanan Valentino , Town Board Minutes 15 June 11 , 1990 RESOLVED , that the Town Board of the Town of Ithaca recommends the appointment of Lyman Baker to the Board of Fire Commissioners for a term of three years , beginning July 1 , 1990 , and affirms its past intention that the term of appointment for Gloria Howell on the Board of Fire Commissioners , which began June 30 , 1989 , will continue until June 30 , 1992 . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . EXTENSION OF STUDENT PLANNING AID EMPLOYMENT PERIOD RESOLUTION NO . 156 Motion by Councilwoman Valentino , seconded by Councilman Liguori , WHEREAS , on January 29 , 1990 the Town Board of the Town of Ithaca authorized the hiring of Lisa Roop for a total of 210 hours , from February 1 , 1990 to May 15 , 1990 , and WHEREAS , on May 15 , 1990 the total number of hours remaining from the total authorization were 51 . 50 hours and important tasks remained to be completed , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca ratifys the decision of the Supervisor to extend the period of employment until the authorized hours were completed . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SEQR ON TROY ROAD TANK LOCATION RESOLUTION N0 . 157 Motion by Councilman Liguori , seconded by Councilwoman Valentino , WHEREAS , the Town of Ithaca 1989 Water Improvement Program has been approved and funds allocated , and WHEREAS , the location of the proposed Troy Road Water Storage Tank has been finalized , and WHEREAS , the Environmental Assessment form has been completed and the Town Planner has recommended a negative determination of environmental significance , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca Town Board makes a negative determination of environmental significance for the proposed water tank location . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . AUTHORIZE BIDDING FOR TROY ROAD TANK RESOLUTION NO . 158 Motion by Councilman Niklas , seconded by Councilwoman Valentino , WHEREAS , the Town of Ithaca 1989 Water Improvement Program has been and funds allocated and approved , Town Board Minutes 16 June 11 , 1990 WHEREAS , the plans and specifications for the proposed Troy Road Water storage Tank have been prepared , and WHEREAS , THE Environmental Assessment form has been completed and the Town Board has made a negative determination of environmental significance , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca Town Board authorizes the advertisement for bids and the receipt of bids for the construction of the Troy Road Water Storage tank , subject to the approval by the Town Engineer of the final bid package and approval by the Town Attorney for the final bid package . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . DESIGNATION OF 4-H FAIR WEEK RESOLUTION NO . 159 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , WHEREAS , the 4-H Program of Tompkins County Cooperative Extension serves the youth of Tompkins County without regard to race , creed , color , or religion by encouraging participation in leadership development and educational programs , and WHEREAS , the Tompkins County 4-H Acres Youth Fair held at 4-H Acres is the culmination of the year ' s activity program and is organized and conducted by and for the members of 4-H , and WHEREAS , the Tompkins County 4-H Acres Youth Fair provides an opportunity for 4-H youth to share with their parents , family , friends , and the public the results of the year long learning and growing process , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby declares the week of July 15 through July 21 , 1990 as 4-H Acres Youth Fair Week in recognition of the significant role that 4-H plays in the lives of its members and on the occasion of the 1990 Youth Fair with it ' s theme -- "Just Say Yes to 4-H " . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PURCHASE OF SURPLUS VEHICLE FROM BOLTON POINT FOR ENGINEERING DEPARTMENT RESOLUTION N0 . 160 Motion by Councilman Klein ; seconded by Councilman Liguori , WHEREAS , the Town Engineering Department is in need of a vehicle for field survey work and sanitary sewer inspection and maintenance , and WHEREAS , the Southern Cayuga Lake Intermunicipal Water Commission ( SCLIVJCd -Bolton Point) has , for sale , a used Van adequate for this use , NOW THEREFORE BE IT RESOLVED , that the Town of Ithaca Town Board authorizes purchase and refurbishing of this vehicle at a cost not to exceed $ 2 , 000 . Town Board Minutes 17 June 11 , 1990 (Raffensperger , Whitccmb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . BUDGET TRANSFER RESOLUTION NO . 161 Motion by Councilwoman Valentino ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the following budget transfer . FROM AMOUNT TO AMOUNT A1990e400 $ 4 , 250 A1220o200 $ 4 , 250 GTW-CONTINGENCY SUPERVISOR-EQUIPMENT ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . BUDGET AMENDMENT RESOLUTION N0 . 162 Motion by Councilwanan Valentino ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the following budget amendment : TO ACCOUNT FOR TRAFFIC SAFETY SIGN GRANT INCREASE REVENUE DB3589 - STATE AID - SIGN GRANT $ 12 , 800 INCREASE APPROPRIATION DB5112 . 459 - TRAFFIC MANAGEMENT $ 12 , 800 (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RESOLUTION IN SUPPORT FOR HR876 AND S370 - AMERICAN HERITAGE TRUST ACT RESOLUTION N0 . 163 Motion by Supervisor Raffensperger ; seconded by Councilman Whitcarb . WHEREAS , the Town of Ithaca Planning Board recommends and hereby does recommend that the Town Board of the Town of Ithaca express its support for the American Heritage Trust Act (H . R . 876 and S . 3170 ) , presently pending in the Congress of the United States , to assure the continuation of the Land and Water Conservation Fund and Historic Preservation Fund , and WHEREAS , said Planning Board recommends and hereby does reccanend that the Town Board communicate its support for the passage of said American Heritage Trust Act to the appropriate Federal official , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby recommends that the Congress of the United States supports the passage of H . R . 876 and S . 3170 to assure the Town Board Minutes 18 June 11 , 1990 continuation of the Land and Water Conservation Fund and Historic Preservation Fund . ( Raffensperger , Whitcomb , Leary , Niklas , Liguori , Valentino and Niklas voting Aye . Nays - none ) . AUTHORIZE SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION TO MAKE ADVANCE PAYMENT FOR UTILITY BILLS RESOLUTION NO . 164 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Southern Cayuga Lake Intermunicipal Water Commission to make payments for utilities previously approved by the Conmission , prior to an audit meeting . Such payments will be presented for approval at the next scheduled audit meeting . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . EXECUTIVE SESSION RESOLUTION N0 . 165 Motion by Supervisor Raffensperger ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn into Executive Session to discuss personnel matters , Valenza litigation , determination of Hull appeal , discussion of perfection of Hilker appeal and Rumsey Bed & Breakfast matter . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . OPEN SESSION RESOLUTION NO . 166 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby move back into Open Session . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . REORGANIZATION OF PLANNING AND ZONING DEPARIInm RESOLUTION N0 . 167 WHEREAS , there has been a reorganization of the Planning and Zoning Departments , and WHEREAS , due to the reorganization certain staff have been assigned additional duties , NOW THEREFORE BE IT RESOLVED , by the Town Board of the Town of Ithaca that Nancy Fuller receive an increase in her salary to $ 30 , 500 per year retroactive to the date of May 26 , Mary Bryant to Town Board Minutes 19 June 11 , 1990 receive an increase in her hourly rate fran $ 10 to $ 10 . 75 retroactive to May 26 , and FURTHER BE IT RESOLVED , that John Czamanske will receive an increase in his salary to $ 21 , 000 per year retroactive to May 5 , 1990 with exempt status , temporary and extends his employment for an indefinite period with accumulate sick leave , vacation time and personal days in the amount described for permanent employees in the Personnel Manual , and FURTHER BE IT RESOLVED , that the position held by Mary Bryant be considered as an exempt position starting January 1 , 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . VALENZA LITIGATION RESOLUTION NO . 168 Motion by Councilman Klein ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to defend the Town of Ithaca Zoning Board of Appeals in the Shirley Valenza litigation . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RUMSEY BED & BREAKFAST RESOLUTION N0 . 169 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Attorney to instigate legal proceeding against Margaret Rumsey (Rumsey Bed & Breakfast) to enforce the occupancy under the building code , fire safety , plastic pipe and any other infractions of the Town or State law . ( Raffensperger , Whitcomb , Leary , Klein , Valentino and Niklas voting Aye . Nays - Liguori) . HILKER APPEAL It was the opinion of the Board that a motion be made by the Town Attorney to compel the perfection of the appeal by Bill Hilker . ( Raffensperger , Whitcanb , Leary , Klein , Valentino and Niklas voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION N0 . 171 Motion by Councilman Niklas ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated June 11 , 1990 , in the following amounts : Town Board Minutes 20 June 11 , 1990 General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . $ 55 , 183 . 98 General Fund - Outside Village . . . . . . . . . . . . . . . . . . $ 61 , 941 . 32 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 183 , 451 . 76 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 289 , 785 . 99 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 464 . 89 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11977 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51065 . 00 (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 172 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Bolton Point Warrants dated June 11 , 1990 , in the Operating Budget are hereby approved in the amount of $ 113 , 393 . 19 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 , Valentino and Niklas voting Aye . Nays - none ) . ADJOURNMENT The meeting was duly adjourned . eZ Zr '�� Town Clerk AFFIDA 1/71 T OF PUBLIfC'ATION rwi I HE I 11C J JOURNAL State of New `fork , Tompkiiis County , ss . : Gail Sullins being duiv sworn , deposes and says , that she/ he resides in Ithaca , county and state of; � resaid and that OWN of ITHACA NOTICE: OF PUBLIC HEARING she/ he is Clerk PLEASE TAKE NOTICE, that "the . Town Board of the Town'. of j of The Ithaca Journal a public newspaper printed and published in Ithaca will meet and conduct " a .public hearing on June A I - . 1990, . at 7:00 P. sA. , at .; the, Ithaca aforesaid . and that a notice , of which the annexed is a true Town Hall , 126 East Seneca , Street, .* Ithaca, New York,, 'to copy , was published in said paper consider amending the ordi;:l nonce regulating - traffic to' prohibit parking on both sides of _ Winthrop Drive from the . easterly entrance to the North-;j east School to the westerly en-,' trance to the Northeast School. ' and on - the northerly side :Of_� Winthrop Driv6. from the west-'t erly entrance to the Northeast r School parking lot westerly to the intersection with Brandy- and that the first publication of said notice Was on the � � wine Drive, .and will at . this time hear all persons in favor of or opposed to the adoption, amendment. : day of 19 of said am Jean H . Swartwood l Tow_ n Clerk May 29, 1990 Subscribed and sworn to before me , this 36 day of _ 19 �_ Notary Public . JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tomp < ins County//�� Commission expires May 31, 19 CI I AFFIDAVIT Off' PURL ICATION THE ITHACA AL State of New York , Tompkins County , ss . : Gail SuIlains bein _7 duly sworn , deposes and says , that sheihe resides in Ithaca , county and state aforesaid and that TOWN Of ITHACA . NOTICE OF PUBLIC HEARING', Clerk PLEASE TAKE NOTICE,: that thef . she/ he is Town - Board - of the Town 'of'. Ithoca will, meet and conduct` of The Ithaca Journal a public newspaper printed and published in publicc; h�a n P � Juane the,.1 10 Ithaca aforesaid . and that a notice , of which the annexed is a true To et4l-, ll'; °126 East Seneca �j Street;';Ithoc6, New York;==to 1 consider ' amending the' 'Zon. copy , was published in said paper ing ` Ordinance with regoid - to ".� the definition of height, base= C, ment and cellar ,and will at this time ' hear 'all persons% ,in- CIX favor. 'of or opposed to_ the :, adoption of said om m endent. j Jean H . Swartwood, Itown Clerk, ll May 29, 1990 and that the first publication of said notice was on the a � day of 19 Subscribed and sworn to before me , this � � day of 19 Notary Public . JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins County Corr nissicn expires May 31 19 1