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HomeMy WebLinkAboutTB Minutes 1990-12-10 TOWN OF ITHACA REGULAR TOWN BOARD MEETING December 10 , 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 10th day of December , 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 Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Linda Nobles , Asst . Budget Officer Daniel Walker , Town Engineer George Frantz , Asst . Town Planner Lee Schafrik , 1491 Trumansburg Road Jane Schafrik , 1491 Trumansburg Road Rocco Lucente , 506 Warren Road David Nutter 656 Five Mile Drive Representatives of the Media : Greg Williams , WHCU PLEDGE OF' ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF' TOWN OFFICIALS Town SupEIrvisor ' s Report Town Supervisor Shirley Raffensperger stated that she had attended several meetings this past month which information on Cornell ' s Omniride was discussed . As indicated in a letter , that the Board received a copy of , it seemed to her that the demand reduction components for additional parking lots and ccmmter traffic would benefit the Town of Ithaca . There are elements of the program that are of concern to the Town , overflow parking on Town roads and increased commuter parking in the East Hill Plaza lot , for example . The entire community is also aware of the impacts on certain groups , particularly the increased parking fees . Cornell seems to be in -the process of making appropriate accommodations for individual and group problems . The Supervisor went on to say that the two new fire stations in the Town were dedicated the end of November 17th and the open houses were well attended . She stated that the facilities seem to be working well , they look good and Councilman John Whitcomb and Town Board Minutes 2 December 10 , 1990 Councilman David Klein are to be congratulated on the job they did for the Town on the construction . Supervisor Raffensperger noted that she had received a letter of resignation , for health reasons , from Henry Aron the Chair of the Zoning Board of Appeals . We will have a recommendation from that Board for a replacement Chair at the December 31st meeting . The delay is occasioned by the need to set a public hearing to bring Town of Ithaca procedures in line with Town law, a matter that is on the agenda tonight . She stated that she would like to place a box ad in the Journal advertising that and other vacancies . The Planning Board will be holding interviews for their vacancies on December 18th , so that they can make recommendations to the Town Board at the December 31st meeting . She asked if any of the Board members objected to her placing the box ad and went on to say that if any of: the committees wishes to advertise they should let her know . Supervisor Raffensperger stated that NYSDOT will be hold a public meeting on the proposed Route 13 improvements on Wednesday , December the 12th at 7 : 00 P . M . , at the Ithaca High School Activities Building . She noted that a number of letters from City groups have been sent to DOT along with one from the Environmental Review Carrmittee of the Town . She stated that she believed the Town should be represented at the hearing , Assistant Town Planner George Frantz is unable to attend so she was planning to go to the meeting . She stated that the Town Engineer , in his report tonight , will review a draft statement from the Town Board either to be entered into the record or read that night , whichever seems appropriate . The Supervisor noted that the State budget crunch has occasioned a number of: proposals which would negatively impact the Towns in New York State , one would cut the 1990 State Aid by an additional 1 % and would also cut the 1991 State Aid by 10 % . All this after our budgets are in place . The decisions on these proposals will come in the 1991 State budget process . Supervisor Raffensperger noted that she had received communications from NYSIOT and the residents on Hanshaw Road that their appeal , the denial of the reduction of the speed limit , has been reversed and they will proceed to lower the speed limit on Hanshaw Road , The Supervisor noted that the next staff meeting has been changed to December 20th at noon and that this was to accommodate the second Town Board meeting of the month which will be on December 31st at 1. 0 : 00 A . M . Town Engineer ' s Report Town Engineer Dan Walker stated that it had been a busy month and they had. actually started to build something in their capital improvement project for 1989 , the Troy Road water tank construction got underway December 3rd . Fortunately , our new technician started the week before so we are at a good staffing level . The water and sewer agreements have taken a lot of his time , he noted , searching through past agreements , they are still working on them . He stated that his goal was by the end of the year to have a good strong handle on where they stand with all the agreements . The East Ithaca water connection to Dryden has been proceeding and there will be more discussion on that this week . He stated that he had been involved with the Demand Side Management project which Bolton Point has been putting together to apply for grant money or shared costs from NYSEG . The Engineer noted a number of complaints of blockage:; and inadequacies in the sewer system primarily because of Town Board Minutes 3 December 10 , 1990 the high amounts of rain and he was looking into planned maintenance plans , Engineer 'Walker noted that the Route 13 reconstruction program had also taken a fair amount of time and at this time he would review that . Supervisor Raffensperger remarked that the reason this was done in a rather hurried fashion was because , first of all the notice of the meeting did not come very far in advance and we became aware of the tremendous amount of input coming from the City , from various Boards , individual members of Common Council and then a resolution passed by Cannon Council at their meeting a couple of nights ago . We thought it was appropriate since most of the construction would take place in the Town of Ithaca , that the Town of Ithaca have sane representation at the meeting . Town Engineer Walker , Assistant Town Planner Frantz and she , reviewed the Planning Board ' s discussion , the Planning Board did not pass a resolution on the matter , and all of the other materials that have cam into the Town including original staff response that Susan Beeners wrote some months ago and came up with this proposed statement . Town Engineer Walker stated that basically the project centers around reconstruction of the two bridges that are badly in need of replacement , structurally . The two alternatives are basically either a two lane alternate or a four lane alternate . The Town of Ithaca is: concerned with the proposed four lane section changing to two lanes. at Route 13A at the top of the hill and the intersection causing the merging of traffic at that point . We feel that that would cause a hazardous situation to have that happen right there . The need for four lanes of traffic has been recognized both by DOT and staff DOT engineers especially and by Town staff so we are urging that a four lane corridor be reserved whether or not four lanes are actually built . We are concerned about the section from the City line all the way to Shady Corners which is the Route 13-34 intersection . We are supporting four lane replacement of the bridges because that is the most cost effective way to do that . In addition , because of the increased use of pedestrian and bicycle use the in Town and the City and the need to make that safer we are recommending that they make provisions for bicycle use and also that the Cayuga Inlet Trail be considered and not be adversely impacted by the improvements . The traffic safety improvements for Route 13 should be considered , very strongly , including speed limit reductions on Route 13 and 13A . We feel that with the developments along Route 13 and the increase in traffic that the higher speed up there make it very difficult for people to get in and out of traffic . Along with that signalization of Route 13 and 13A , that intersection should seriously be considered and along with that the new caYmtercial areas along and just south of the Route 13A intersection needs to be addressed , making sure we have adequate ingress and egress on the reconstructed highway . The Town also has a safety concern and priority for the Buttermilk Falls intersection and entrance and the proximity with the Sandbank Road intersection . We feel that any transition fran four lanes to two lanes should happen south of Sandbank Road because it is a straighter road , there is better site distance and we don ' t have the various intersections along with the merging of traffic . We want to let DOT know that the traffic analyses should address possible intersection configuration changes , possibly combining the entrance to the park with Sandbank Road . We want them to come up with the suggestions and then let us review them . The importance of maintaining a suitable demarcation of the different uses adjoining the City and Town sections of Route 13 has been brought up by several different groups and we do acknowledge that . The concrete abutments of the railroad embankment have been taken as a point that provides a demarcation but it also is a very serious safety Town Board Minutes 4 December 10 , 1990 hazard . We recommend that that be replaced with some safer landscaping as another way to demarcate . Plus most importantly , the Town requests clarification of the SEQR schedule for the project and the anticipated Town involvement in the SEAR process . Councilman Whitcomb remarked that he would like to speak on behalf of the CAC , generally they were in agreement with most of the comments . A couple of places where the CAC differed was the concern , lie stated that he did not know about the safety aspect of the abutments , but one of the things that the removal of these abutments would cause would be that if the bike trail is ever extended ,across Route 13 the span of whatever type of bridge or pedestrian bridge or bike bridge that goes across there would be doubled if those abutments were removed . We simply said that the abutments currently serve the purpose of the demarcation , although they certainly could be done in a prettier manner . We were also concerned about moving the existing right-of-way for Route 13 . We thought that it would be appropriate if they could keep it within bounds of what they currently have . He noted the CAC was talking two lanes rather than four lanes , Supervisor Raffensperger responded , this does not say that the Town of Ithaca supports presently four lane construction . She felt that one of the concerns that the Town ought to have about a part four lane is where that dumps the problem and she thought that a technical evaluation that it ' s going to dump it at a place that is already very problematic , and that is at Route 13 and 13A . What we are saying is that the four lane corridor should be reserved and that DOT ,should study the entire section from the City of Ithaca to the Route 13 and 34 intersection as to the need for lane improvements on the entire section . Whether that would be four lane or two lane with turning lane or whatever , we think the whole area should be looked at because you are just transferring the problem from basically the Buttermilk area to the Route 13A intersection which is already a problem . That was the purpose of those statements in here but also we , and she felt this was the most substantial difference from the Environmental Review Committee statement , which is the only one she had seen , this does say the Town of ]Ithaca supports the four lane replacement of the Route 13 bridges in the project scheduled for construction in 1993 . The basis for that is that if they don ' t build four lane bridges now they are never going to build four lane bridges and we won ' t have choices to make in the future , then . She went on to say that she guessed she had been somewhat convinced and the staff has discussed it too , the safety problems with those concrete abutments . There is a day care center right beyond them and we received a copy of a letter from Barbara Blanchard and Robert Romanowski whose constituents are in that area , expressing their concerns about the safety . The school buses will not even stop there to allow them to provide them after school care because they consider the location too hazardous . So , it was on the basis of that kind of information that we suggested that . Councilman Whitcomb replied , the CAC has no great problem with that . He went on to say that the CAC also urged that a bike lane be included in this plan for Route 13 . Councilman Liguori asked , a bike lane or a wide shoulder ? Councilman Whitcomb replied either one , it ' s just a safe route for bikes . Supervisor Raffensperger commented , this says a provision for safe bicycle and pedestrian use should be included in the project , which left open the design of that to the people who are designing the project . Town Board. Minutes 5 December 10 , 1990 Town Engineer Walker remarked that he thought there were some alternatives for the bikeway that may be even better than the elevated c:rossing , it can be built along the right-of-way and go underneath the new overpass . Supervisor Raffensperger stated that she would move the resolution . Councilman Liguori replied that he would second the motion because he had sane other comments . He stated that he was not sure he understood . He asked if DOT was now saying that they can ' t build the four lanes because of financial constraints ? Town Engineer Walker replied that he had not heard that . They cannot build the four lanes beyond Route 13A because of financial constraints . They can build the four lanes between . Councilman Liguori replied that he would rather see it be even a little stronger on the four lane and not suggest to them that they take the right-of-way for it but don ' t build it now if you can ' t or don ' t want to . He stated that he would like to amend the resolution , if that is appropriate , to make a statement that it should be a four lane . Supervisor Raffensperger asked if there was a second to the motion? She then _remarked that she would second it so that the motion could be discussed and say that her concern with that is that all of their proposals on the four lane at the Route 13 and 13A intersections , which she was very much concerned about and she thought the staff is , on the basis of safety because that is already an intersection that gives us lots of problems . So , we don ' t seem to have choices . Councilman Liguori responded that what he just said was not incompatible with that because you have another item you are adding in regard to 13A , isn ' t that right ? The problem with 13A suggests that you extend the four lane beyond that intersection . Supervisor Raffensperger replied that she did not think they would do that . We suggest that if they go to two lane short of 13A , which is one of the alternatives , that they not stop it where they are planning to , pretty much at the Buttermilk Falls entrance , but they extend south to a place where there is better site distances . So that would be a very small extension of the four lane in alternative B . She went on to explain that there was no alternative which extends the four lane beyond 13A in the State proposals . Town Engineer Walker remarked that the main proposal was to start to taper just beyond 13A but before that driveway down into the Mancini property so effectively the four lane stops right at the intersection and provides some potential for additional traffic . We still need the turn lane there for cars going right onto 13 . He felt they would build the pavement itself in a four lane configuration but the way it was stripped would make it effectively two through lanes with a turning lane and a turning lane caning the opposite way as opposed to four lanes and marking it that way . Supervisor Raffensperger remarked that this has been described as a bridge project and that is the way all of their material describes it and tl-iey are using their authorization to repair the bridges to improve that section between the bridges and not go beyond that . That was her understanding of their constraints . Town Attorney Barney remarked , even from a safety standpoint ? He wondered if the Board could condition the resolution on four lanes if a more appropriate resolution could be devised to avoid the Town Board Minutes 6 December 10 , 1990 safety considerations that you are concerned about , the 13-13A intersections ? Town Supervisor Raffensperger replied , that could be possible . She stated though that she preferred having them look at the entire section instead of doing it in bits and pieces just because they have the money for it . Councilman Liguori remarked , but no place here do we say they ought to build four lanes . Supervisor Raffensperger replied , no we don ' t . Councilman Liguori replied that he was asking why we don ' t say that? Supervisor Raffensperger remarked that the Board had on the table a resolution which would add to this resolution the statement that the Town :supports one of the four lane alternatives , right? Councilman Liguori replied yes , but also extending it beyond 13A . Supervisor Raffensperger replied , if the project can be extended beyond the intersection of 13 and 13A . She asked if there was further discussion of Councilman Liguori ' s proposal ? She then asked for a vote on Councilman Liguori ' s proposal . (Liguori voting Aye . Nays - Raffensperger , Whitcomb , Leary , Klein and Valentino) . Councilman Liguori stated that he would like to hear the arguments as to why we don ' t actually come out and recommend four lanes , he remarked -hat he was not sure he understood why . Supervisor Raffensperger replied , the reason why is because DOT discussed the problems on Route 13 fron the City line to Shady Corners as being a problem of capacity . She stated that she did not understand how you are improving anything very much if you are only improving the capacity of a portion of it . Nobody has made the case that the capacity problem is between the City and 13A , they made the case that the capacity problem is between the City and Shady Corners . The piecemeal kind of proposal is what she did not like about it . She felt they should look at the whole section and if there is a capacity problem they should be looking to solving the problems of the entire stretch . That was her reason , she stated . Town Engineer Walker suggest that the resolution might say that instead of a four lane corridor be reserved , we could say the Town of Ithaca. would prefer to see four lanes extended to the Shady Corners intersection . The second paragraph is recommending that they look at improvements for that . Supervisor Raffensperger remarked , what it is doing is recommending that they look at the entire area as to the need for lane improvements on the entire section , whether or not that would be a combination of four lanes , of two lanes with a turning lane in certain places , she did not know and did not have the expertise to design it . That was why she did it that way . Both Councilman Whitcomb and Councilman Klein agreed , noting that there were several options . Councilman Liguori remarked , but we aren ' t giving then any encouragement . Town Board Minutes 7 December 10 , 1990 Councilman Klein remarked , urges , we are using the word urges . . . . . Councilman Liguori replied , urges them to reserve a right-of-way . It seemed to him that while the Board had the opportunity they shouldn ' t hen and haw about it , we ought to say what we think is best in regard to four lanes . Supervisor Raffensperger replied that she guessed she didn ' t think there was a consensus on the Board as to what was best . She noted that the amendment had been disposed of and the Board had the resolution on the floor . She asked if there was any further discussion . Councilman. Klein remarked in terms of the abutments and let ' s dwell on this four lane , he went on to say that he quessed the Board had expressed concern that the four lane ending at the 13A intersection is not a good idea and we also recommend replacing those concrete abutments . Supervisor Raffensperger remarked , we are saying that the four lanes really ought to go past the Buttermilk entrance and we were just going to put that in but she didn ' t want anybody not to realize that if you are going to have four lanes into the Sandbank Road area you are going to loose those abutments . Councilman. Klein replied , but we don ' t say that . Supervisor Raffensperger replied , at first we didn ' t say anything at all about the abutments and that seemed a little deceptive and she wanted it to be clear that you could not talk about improving the safety of Buttermilk Falls park entrance and Sandbank Road and not also admit that you are going to lose those concrete abutments . Councilman Klein remarked , since we are saying in the first paragraph on the second page that the transition from four lanes to two lanes takes place at Sandbank , so we are supporting four lanes caning out. of the City . Supervisor Raffensperger replied , that is right . Councilman Liguori replied , why don ' t we say that ? Councilman Klein replied that he guessed that . . . . . if that ' s it let ' s at least say that is what we are saying . Councilman Liguori remarked that if he understood it , another way of what we are saying is we are saying reserve the four lane right-of-way but we don ' t really care whether you build four lanes . Councilman Klein replied that is what we are basically saying , however , tire are also saying we think it ought to be four lanes from the abutments to past Sandbank . Councilman Liguori remarked , but not necessarily beyond it . Councilman Klein remarked , but not necessarily beyond it . Councilman Liguori replied , that was what was bothering him . Councilman Klein remarked that that was a position that was obviously contrary to the position the City has taken . Supervisor Raffensperger replied , that is right . Town Board Minutes 8 December 10 , 1990 Councilman Klein continued , saying that he thought that if the Town was going to be in opposition to the City , the Board should be clear . There is a difference of opinion . Supervisor Raffensperger asked how can we do this , the improvement of safety at the Buttermilk Falls entrance and its relation to the Sandbank Road intersection , if you say the necessary four lane development . . . . . . or the transition from what we consider to be a necessary four lane development in the area of Buttermilk Falls park entrance should take place south of Sandbank Road in an area with adequate site distance . She noted that one of the proposals does have the four lanes coming just to the Buttermilk Falls entrance , and that is what we were trying to address . It ' s a terrible place to end it . It should come further south because there is better site distance there . Councilman Whitcomb remarked , maybe we don ' t want to encourage four lanes . Maybe there are other options to improve the safety at the intersection of Buttermilk Falls park and Sandbank . Maybe three lanes is the way to do it with a turning lane there and he did not want to lock the Town into a position of saying we need four lanes for 500 feet . Town Engineer Walker replied , the thing you want to look at is the number of actions you are asking drivers to handle at one time . With the transition from four lanes to two lanes at the City line , the way it is now , you are asking them to merge in heavy traffic and also think about turning at the same time . If we get past Sandbank Road and the park entrance they are just thinking about merging , they have already gotten past the turning area and that is leaving plenty of room for drivers making left hand turns in that center lane which is a normal turning action to make that movement safely . Councilman Whitcomb asked if there was a center turning lane in addition to the four driving lanes ? Town Engineer Walker replied no , there is no center turning lane on the City side beyond the Old Spencer Road . Supervisor Raffensperger remarked you go from five to four to two but what was suggested and she felt it made a lot of sense , that the wrong place to go from the four to the two , if that is what they are going to do , is right at the entrance at Buttermilk . That should be done south of there where there is better site distance and also take into account the intersection with Sandbank Road . She stated that it seemed to her that the statement . . . . . . . . Councilman Klein remarked that he agreed with that so he felt the question was , was it clear? Councilman Whitcomb remarked that he felt it should be stressed that the major concern was the safety at Buttermilk Falls intersection . Councilman Liguori remarked , if you are all satisfied , if we don ' t get four lanes , we get two lanes , but they buy four lanes and that ' s all they build is two lanes , then let ' s vote for this , but he wouldn 't be satisfied , he stated . Supervisor Raffensperger replied , that she thought there were various levels of opinion about would it be good to have a four lane all the way from the City to Shady Corners . But that is not one of the options they have asked us to consider and they are not considering it now . She stated that she felt that was the difference . She went on to say that if there was any discussion , Town Board Minutes 9 December 10 , 1990 at the meeting , and it seemed appropriate , she would say that one of the Board members does have a priority that there be a four lane highway all the way from the City line to Shady Corners , RESOLUTION N0 , 210 Motion by Supervisor Raffensperger , seconded by Councilman Liguori , WHEREAS , the New York State Department of Transportation has scheduled a public information meeting for the proposed Route 13 Bridge Replacement Project , a substantial portion of the project located in the Town of Ithaca , and WHEREAS , the Town Board of the Town of Ithaca wishes Town concerns to be represented at that meeting , NOW THEREFORE BE IT RESOLVED , that the Town Supervisor is authorized to enter the following material in the public record at the December 12 , 1990 meeting with the understanding that these comments are based on the materials presented by NYSDOT to this date . The Town of Ithaca expresses its concern that the proposed four lane section , collapsing to two lanes at Route 13A , will shift , rather than solve , the present capacity problem and exacerbate the exiting safety problems at the Route 13 , Route 13A intersection . The Town of Ithaca urges that a four lane corridor be reserved and that NYSDOT study the entire section from the City of Ithaca line to Shady Corners , the Route 13 , Route 34 intersection , as to the need for lane improvements on the entire section . The Town of Ithaca supports the four-lane replacement of the Route 13 bridges in the project scheduled for construction in 1993 , we also submit the following comments : Provision for safe bicycle and pedestrian use should be included in the project ; the proposed Cayuga Inlet Trail should not be impacted adversely by Route 13 improvements . Traffic safety improvements for Route 13 should be considered , including speed limit reductions on both Route 13 and 13A in the Town of Ithaca , signalization at the Route 13 , Route 13A intersection and provision for safe ingress and egress to the commercial and industrial properties south of the Route 13 , 13A intersection . A priority for the Town is the improvement of safety at the Buttermilk Falls Park entrance and its relationship with the Sandbank Road intersection . Any transition from four lanes to two lanes should take place south of Sandbank Road in an area with adequate sight distances . The traffic analysis of the two intersections should address possible intersection configuration changes to improve access and safety . The importance of maintaining a suitable demarcation of the differing uses adjoining the City and Town sections of Route 13 is acknowledged . The concrete abutments of the abandoned railroad overpass presents safety hazards and could be replaced with appropriate landscaping to serve the esthetic goals in that area . The Town requests clarification of the SEQR schedule for the project and the anticipated Town involvement in the SEAR process . Town Board Minutes 10 December 10 , 1990 The Town anticipates that consideration of the area ' s historical and archeological resources and the impact on the DEC protected wetlands in the area will be part of the environmental assessment . ( Raffensperger , Whitcomb , Leary , Klein and Valentino voting Aye . Nays - Liguori ) . Highway Superintendent ' s Report Highway Superintendent Scott McConnell stated that the majority of the work clone in November was Fall leaf and brush pick up which was a combined effort of the Parks and Highway Departments . We worked 10 1 / 2 hour days for eight working days straight . He noted some minor equipment problems but things really went quite well . There are still some leaf and brush piles around the Town but there are not enough of them to warrant any further concern . Sand Bank Road has been finished and opened , Stone Quarry Road is almost finished and also is open all the way , both lanes . He noted that basic ditching , shoulder repairs and patching took about 20 % of their time with the remainder of the time being used for snow removal . We had an electrical fire in the Gradall and we think it was from vandalism as we had it parked up near Danby Road and West King Road over night and the next morning it was running , it looked like it had been hot wired . The hydraulic motor on Truck # 12 froze up on us and needed to be replaced . We are now working on Park Lane , we have the pipes that were damaged during the storm out and sane of then replaced . The Superintendent went on to note that the Parks Department has been doing regular ground maintenance with leaf pick up in the parks being done before the Town wide leaf pick up . Play structure; are being upgraded with safety features . Eastern Heights play structure is complete as well as Terryton Park and right now they are working on the one at Salem . Councilman. Liguori asked if many people had purchased the leaf bags ? Superintendent McConnell replied yes , he estimated they picked up a two or three hundred of the paper bags . He remarked that they really worked good for them . There were a few plastic bags also , which they left . Councilman Whitcomb noted that the State , in light of the budget crunch , was going to change their strategy on road maintenance on State highways in the wee hours of the morning , he asked the Highway Superintendent if he anticipated any changes in the way the Town maintains roads in the winter time ? Highway Superintendent McConnell replied that he was trying to use more of the icing sand and grits and less salt . Salt is four times more expensive than the sand and he was mixing more sand with the salt . He stated that he did not foresee any changes , however . Councilman Klein asked what the Superintendent relied on for weather forecasting? Highway Superintendent McConnell replied that right now he had the weather channel but he almost went opposite of that because if it says it is going to clear it is almost certain to snow . Councilman Whitcomb remarked that Radio Shack sells a weather radio for about twenty dollars that tunes into the National Weather Service Forecast , twenty-four hours a day . Supervisor Raffensperger remarked that she had a telephone call fron a Toum resident after the leaf pick up saying that she was Town Board Minutes 11 December 10 , 1990 calling to say thank you for the excellent job that had been done with the leaf and brush pick up and how wonderful their neighborhood looked . Councilman Liguori agreed . Town Building Inspector/ Zoning Officer ' s Report Town Building Inspector/ Zoning Officer Andrew Frost reported that 13 building permits had been issued for the month . 15 Certificates of Occupancy were also issued . We have investigated more complaints this year and will definitely end up the year with more complaints on record . We performed 74 building code inspections for the month . Acting Town Planner ' s Report Acting Town Planner George Frantz reported that the primary focus of the Planning Department has shifted to Comprehensive Planning and planning related functions and away from development reviews . He stated that he was spending only 30 to 40 % of his time on development review, the other 85 % or so is Comprehensive Planning or working with the various committees on Comprehensive Planning or planning issues . We have been working hard on the report of the Six Mile Creek Valley by the Conservation Advisory Council and that was released at the November 6th Planning Board meeting . There was a public presentation by Laura Marks and himself to the Planning Board at the November 20th meeting and he had tentatively scheduled a second presentation at the Coddington Road Community Center on the 20th of December . He noted that they had physically reorganized the Planning office and some of the planning assignments . Scott will be the primary staff support for the Conservation Advisory Council , John will continue supporting the Comprehensive Planning Commission and also the principal support staff for the Codes and Ordinance Committee . The Acting Planner stated that he would continue to support the Comprehensive Planning Committee , the Conservation Advisory Council and the development review work of the Planning Department and oversee the day to day operation . REPORT OF TOWN COMMITTEES Conservation Advisory Council Councilman John Whitcomb reported that the Ag Committee had been very active in developing an inventory of farms lands and developing some proposed protection measures for that . A year ago February there were nine members appointed to the CAC , five members for a two year term and four members for a one year term . The four vacancies that will occur this February , the CAC has decided not to automatically reappoint the incumbents but to interview both the incumbents and anyone else who is interested in serving on the CAC . Councilman Whitcomb noted that the CAC was also a bit behind on its paper work , it does not have a recording secretary and is trying to reconstruct its minutes from tapes . There are several tapes that have not been transcribed . In the 1991 budget there was $ 1 , 000 for secretarial/clerical support and so they would like to hire a clerical person to record and transcribe minutes of the CAC meetings at a price not to exceed $ 1 , 000 for 1991 . This figures out to about 10 hours a month at $ 8 . 00/hour . RESOLUTION N0 , 211 Motion by Councilman Whitcomb , seconded by Councilman Klein , Town Board Minutes 12 December 10 , 1990 RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Conservation Advisory Council to hire a clerical person to transcribe the minutes of the CAC meetings during 1991 at a price not to exceed $ 1 , 000 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) , Comprehensive Planning Committee Councilman David Klein reported that they had met right after the last Town Board meeting and had another meeting scheduled for tomorrow evening . He stated that as he had reported at the last meeting , they were overwhelmed at the potential length of the Comprehensive Plan and the staff has made a effort to whittle that down . HE! noted that they have received a revised Goals and Objective: chapter which was chapter five and is now chapter three . We did approve , at the last meeting , a revised outline of the plan and are working towards a more concise comprehensive plan . He remarked that he hoped they were still on target . Supervisor Raffensperger noted that Susan Beeners had starting on the mapping process . The base map is done and looks very good . Fire Station Committee Councilman. Klein stated that they were still not 100 % closed out on those projects . They have received a copy of a letter from Bill Gray , the Acting Public Works Director for the City , to Toni Egner basically stating the City ' s inclination to go after the design team for some of the design deficiencies . They say the renovations are really out of funds and there were so many engineering change orders with the fire alarm systems and the ventilation systems . The electrical contract almost doubled . There were many things omitted from the original project . He felt they had a good case to mediate with the designers in terms of shared responsibility . OCTOBER AND NOVEMBER FINANCIAL REPORTS RESOLUTION N0 . 212 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the October and November 1990 financial reports , as presented . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . BUDGET AME50MENTS RESOLUTION N0 . 213 Motion by Councilwoman Valentino ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following budget amendments : HIGHWAY FUND - TO REFLECT TRANSFER AUTHORIZED AT 11 / 8 / 90 MEETING Increase D135032 I /F Transfer fron Capital Projects $ 51217 . 81 Increase D135112 . 457 Park Lane (Drainage ) $ 51217 . 81 Town Board Minutes 13 December 10 , 1990 CAPITAL PROJECTS - TO REFLECT WORK PERFORMED BY ENGINEERING FOR 1989 W&S PROJECT'S Decrease : H83409221 Inlet Valley Water $ 41445900 H8120 . 221 Inlet Valley Sewer $ 4 , 445 . 00 H8340 . 222 West Hill Water $ 3 , 520 . 00 H8120 . 222 West Hill Sewer $ 3 , 520 . 00 H83409220 Troy Road Water $ 1 , 950900 $ 17 , 880 . 00 Increase : H9953 . 900 Interfund Transfer to Townwide $ 17 , 880900 GENERAL TOWNWIDE FUND Increase . A2801 Interfund Revenue ( From Capital Projects ) $ 17 , 880 . 00 A1440 . 200 Engineering Equipment $ 6 , 400 . 00 ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . EQUIPMENT FOR ENGINEERING DEPARTMENT RESOLUTION N0 . 214 Motion by Councilman Liguori ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the expenditure of $ 6 , 400 . 00 for the following equipment for the Engineering Department : Radio for Car 1 - 4 channel $ 1 , 200 . 00 Portable Radios - 2 $ 1 , 200 . 00 Camera $ 250900 Engineering Calculator $ 250 . 00 Civil Cadd design software $ 2 , 500 . 00 Survey supplies & equipment repairs $ 11000000 Total $ 6 , 400 . 00 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . PRE-TAX SYSTEM LEGAL REQUIRFMUTS Supervisor Raffensperger noted that at the last meeting the Board had authorized the setting up of a system for the pre-tax health insurance premium plan which would permit Town employees to pay their health insurance premiums on a pre-tax basis . Town Attorney Barney noted that the plan that was sent , because of our health. insurance plan year ran from December 31st to December 30th of each year . The arrangement that we have at present gives us the benefit for health insurance premium brake and the plan for pre-tax has to end at the end of a month under the Internal Revenue regulations . There is a reference to the plan being adopted with the modification that the plan year being changed to a calendar year . RESOLUTION N0 . 215 Town Board Minutes 14 December 10 , 1990 Motion by Councilwoman Valentino , seconded by Councilman Liguori , RESOLVED , that the Town of Ithaca ' s Pre-Tax premium Plan ( the "Plan " ) in the form submitted to this meeting ( except that the Plan Year be from January 1 and December 31 of each year) , is hereby adopted effective January 1 , 1991 as an employee welfare benefit plan to be maintained by the Town pursuant to Section 125 of the Internal Revenue Code , and that a copy of the plan document be attached to the minutes of this meeting , and BE IT FURT11ER RESOLVED , in accordance with Section 5 . 1 of the Plan , that the `.[ own Board hereby appoints Ms . Linda E . Nobles to act as Plan Administrator for the Plan , and BE IT FUU= RESOLVED , that the Supervisor of the Town and other proper officials of the Town including the Plan Administrator are authorized. to execute the Plan , to receive employee contributions and pay benefits as provided therein , and to do every other act or thing necessary or proper to meet and comply with the obligations of the Town as therein provided and to carry these resolutions into full force and effect , and to direct counsel to take such action as may be necessary to satisfy any applicable requirements of law . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO AMEND THE ZONING ORDINANCE ON THE AMORTIZATION OF NON-CONFORMING RESIDENTIAL OCCUPANCY USES Supervisor Raffensperger stated that the Planning Board had recommended that the Town Board adopt the amendment and the Zoning Board of Appeals determined not to comment on this particular matter . RESOLUTION N0 . 216 Motion by Supervisor Raffensperger ; 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 January 7 , 1991 to amend the Zoning Ordinance on the amortization of non-conforming residential occupancy uses . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none) . ATTENDANCE AT ASSOCIATION OF TOWNS MEETING RESOLUTION N0 . 217 Motion by Councilwoman Valentino ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize Supervisor Shirley Raffensperger , Town Board Members David Klein and Frank Liguori , Town Clerk Jean Swartwood and Planning Board Department Secretary Mary Bryant to attend the Association of Towns Meeting in New York City , February 17 - 20 , 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . Town Board Minutes 15 December 10 , 1990 WATER ACCOUNT REFUNDS RESOLUTION NO . 218 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , ( 1 ) WHEREAS , the June 1990 and September 1990 water billing for the property at 116 Terraceview Drive was estimated , and WHEREAS , an actual reading was taken for a change of ownership , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes a refund of $ 10 . 51 for water , $ 1 . 54 for water surcharge , $ 34 . 75 for sewer , $ . 72 for sewer surcharge and $ 6 . 42 for penalties , total refund of $ 53 . 94 be made to Jeffrey Leithhouser , 7098 Morning Dove Way , Rosco , Illinois 61073 . Account Number W-3643 . ( 2 ) WHEREAS , the owner of the property at 733 East Shore Drive has not read his meter for one year , and WHEREAS , an actual reading was taken because of a change in ownership , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 16 . 43 for water and $ 15 . 17 for sewer , total refund of $ 31 . 60 be made to Edward Goldstein , P . O . Box 1276 Riverhead , New York 11901 . Account Number T- 1282 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . WATER AND SEWER REFUND FOR 891 TAUGHANNOCK BOULEVARD Supervisor Raffensperger remarked that this one has been circulating around for a long time . She remarked that the owner came to the previous Town Board meeting and discussed this . The Bolton Point Commission and the Town of Ithaca and various other parties have been back and forth on this , finally the Operations ccmittee in cooperation with the Town came up with a proposal which she felt was a reasonable proposal to solve this really difficult question . The water is more straight forward , Bolton Point will. deduct from the amount reported to the City by the Commission of the sewer flow , the amount of what was basically leaked into the ground . So the Town will not have to pay sewer charges on that leaked water nor will the owner of the property . RESOLUTION N0 . 219 Motion by Supervisor Raffensperger ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approve a water and sewer refund for the property at 891 Taughannock Boulevard :in the amount of $ 138 . 20 for water and $ 584 . 61 for sewer , total refund of $ 722 . 81 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . Town Board Minutes 1 16 December 10 , 1990 LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE EXEMPTING SUBDIVISIONS FROM THE REQUIREMENT TO OBTAIN FILL PERMITS UNDER CERTAIN CIRCUMSTANCES Proof of posting and publication of a notice to consider a local law amending the Town of Ithaca Zoning Ordinance exempting subdivisions from the requirement to obtain fill permits under certain circumstances having been presented by the Town Clerk , the Supervisor opened the public hearing . Supervisor Raffensperger noted that this proposal had been before the Board several time and came from Codes & Ordinances and has been rec(mmiended to the Town Board by both the Planning Board and Zoning Board of Appeals . As no one present wished to speak for or against the proposed amendment , the Supervisor closed the public hearing . LOCAL LAW # 13 - 1990 Motion by Councilman Whitccanb ; seconded by Councilman Liguori , LOCAL LAW # 13 - 1990 A LOCAL UN AMENDING THE TOWN OF ITHACA ZONING ORDINANCE EXEMPTING SUBDIVISIONS FROM THE REQUIREMENT TO OBTAIN FILL PERMITS UNDER CERTAIN CIRCUMSTANCES The Zoninc 4 Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows . 1 . Article XIII , Section 70 , is hereby amended by adding a new subdivision 5 in the list of exceptions reading as follows . " 5 . Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved in accordance with the requirements of the Town of Ithaca Planning Board provided , however , that ( a) plans for such construction showing in sufficient detail the proposed removal and/or deposit of fill were submitted to the Planning Board and approved by the Town Engineer in conjunction with the subdivision approval ; or ( b) the Planning Board expressly waived the requirement of submission of such drawings and the total amount of ;material to be either deposited or removed is less than 500 cubic yards . In any event the exception granted by this subparagraph shall not apply to any construction which occurs more than three years after granting of final subdivision approval by the Town Planning Board . " 29 This local 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 Town Board Minutes 17 December 10 , 1990 Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law # 13 - 1990 was duly adopted . PERSONS TC) BE HEARD No one present wished to be heard , at this time . CONSIDER REFERRAL OF PROPOSALS FOR AMENDMENTS TO THE ZONING ORDINANCE WITH RESPECT TO THE ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR RENTAL PROPER'T'Y AND THE RECOMMENDATION OF THE ZONING BOARD OF APPEALS TO AMPLIFY OR REDEFINE THE MEANING OF THE TERM "GASOLINE SALES STATION" TO THE CODES AND ORDINANCE COMMITTEE Andrew Frost stated that his office often get calls from people who are considering renting property or people who are considering renting property from owners . He wondered if the Town might want to consider issuing certificates of occupancy for rental properties . It will provide some regulation on the part of zoning use regulations particularly occupancy . It would enable us to get some sense of who was living in rental property and what the occupancy is . It would also provide sane control in terms of the quality in regard to building codes , fire prevention . Also , it will generate some revenue for the Town . In terms of manpower it is really hard to figure the impact that it would have . Supervisor Raffensperger noted that the Board had information on the second part of the proposal , gasoline sales stations . The Zoning Board of Appeals was asked to make a determination as to what kind of activities the Zoning Ordinance permits in a Business "D " zone which is only for gasoline stations . From that discussion and interpretation came their recommendation that the Town look at considering an amendment to the Zoning Ordinance . Normally we ask Codes & Ordinances to review the proposals and make a recommendation to the Town Board . Councilman Liguori stated that the felt the two items should be separated . He asked if anyone had thought through the proposal for rental property . He asked if this included an apartment? Mr . Frost replied , anything with an apartment . But , you could exclude anything you wanted such as owner occupied or whatever . Town Attorney Barney remarked that in the City , whenever a rental property changes hands a new certificate of occupancy has to be obtained and he thought that every three years the owner has to apply for a new certificate of occupancy . Supervisor Raffensperger remarked that because the staff has raised the question and the possibility that this might promote fire safety and building safety , it seemed reasonable to her to ask the Codes and Ordinance Committee to look at it , it doesn ' t mean we are going to do it . RESOLUTION NO . 220 Motion by Supervisor Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby refers the proposal of the issuance of certificates of occupancy for rental property to the Codes and Ordinance Ca iittee . Town Board Minutes 18 December 10 , 1990 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . RESOLUTION NO . 221 Motion by Councilman Klein , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby refers the proposal from the Zoning Board of Appeals to redefine the meaning of the term "gasoline sales station " to the Codes and Ordinance Co mittee . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . DESIGNATION OF 1991 FLOATING HOLIDAY RESOLUTION N0 . 222 Motion by Councilman Klein ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve Friday , July 5 , 1991 , as the 1991 floating holiday . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO AMEND THE ZONING ORDINANCE REGARDING THE DESIGNATION OF THE CHAIR OF THE ZONING BOARD OF APPEALS TO CONFORM WITH TOWN LAW Supervisor Raffensperger stated that it had come to the attention of the Town Attorney , at a meeting of the Board of Zoning Appeals , that there: is a discrepancy between the procedure in Town Law and the Town ' s Zoning Ordinance . Town Attorney Barney stated that the Zoning Ordinance says that the Board of Zoning Appeals elects it ' s own Chairperson and Town Law says the Chairperson is appointed by the Town Board . He stated that he would like to amend the Zoning Ordinance to comply with Town Law RESOLUTION N0 . 223 Motion by Councilman Klein ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 10 : 30 A . M . , on December 31 , 1990 to consider amending the Zoning Ordinance regarding the designation of the Chair of the Zoning Board of Appeals to conform with Town Law. (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO OCCUPANCY OF MOBILE HOME PARK DISTRICTS Proof of posting and publication of a notice to consider a local law amendiLng the Town of Ithaca Zoning Ordinance relating to occupancy of Mobile Home Park Districts having been presented by the Town Clerk , the Supervisor opened the public hearing . Town Board Minutes 19 December 10 , 1990 As no one present wished to speak , the Supervisor closed the public hearing . Town Attorney John Barney remarked that in the other residential zones we do allow two families . This is limiting it basically to one family per mobile hcme . Councilwoman Leary asked , why would that do that? Town Attorney Barney replied that it was discussed at some length at Codes and Ordinances and the feeling was that mobile hcros were not really two family homes , they were not two units . LOCAL LAW # 14 - 1990 Motion by Councilwoman Valentino ; seconded by Councilman Whitcomb , LOCAL LAW NO . 14 - 1990 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO OCCUPANCY OF MOBILE HOME PARK DISTRICTS Be it enacted by the Town Board of the Town of Ithaca as follows . The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows . 1 . Article II-A , Section 3 (b) , is hereby amended by adding at the end thereof the following . " In a mobile hone park , there shall be no more than one dwelling unit maintained in each mobile hare . In addition , each dwelling unit may be occupied by not more than ( a) one family , or (b) one family plus no more than two boarders , roomers , lodgers , or other occupants . " 2 . 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 Councilwoman Valentino Voting Aye Councilman Whitman Voting Aye Supervisor Raffensperger Voting Aye Local Law No . 14 - 1990 was thereupon declared duly adopted . TOWN BOARD MINUTES - NOVEMBER 18 , 1990 RESOLUTION NO . 224 Motion by Councilman Liguori , seconded by Councilwoman Valentino , Town Board Minutes 20 December 10 , 1990 RESOLVED , that the Town Board of the Town of Ithaca hereby approve the November 18 , 1990 Town Board minutes , as presented by the Town Clerk . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , and Valentino voting Aye . Nays - none ) TOWN BOARD MINUTES - NOVEMBER 20 , 1990 Supervisor Raffensperger stated that she had some changes on the November 20th minutes , on page 7 it says , "Mr . Desch remarked that the incident would probably be greater , she felt it probably was incidence . On page 6 , it says , " through a long period so it was an " intrigal " part and then on page 10 , under the Association of Towns meeting , "what she needed to assess " . RESOLUTION NO . 225 Motion by Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the November 20 , 1990 minutes , as corrected . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . AUIHORIZAT41ON OF TOWN PAYMENT OF HEALTH INSURANCE FOR DECEMBER Supervisor Raffensperger noted that the Town has done this in the past and that actually this year the exposure is somewhat less than usual because the increase in the health insurance premiums did not increase as much has they have in the past . RESOLUTION N0 . 226 Motion by Councilwoman Valentino ; seconded by Supervisor Raffensperger , WHEREAS , the Town of Ithaca pays health insurance premiums one month in advance of the coverage period , and WHEREAS , the health insurance premiums have increased by 12 . 4% for 1991 and the increase is effective starting in December 1990 for January 1991 coverage , and WHEREAS , applying this increase to employee salaries in December would result in less take-home pay for employees , THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca , as it has in past years , hereby authorizes the Town to pay the employee portion of the December health insurance premium increase , the total amount of this subsidy is not to exceed $ 500 . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO ESTABLISH COMPENSATION FOR TOWN OF ITHACA PLANNING BOARD AND ZONING BOARD OF APPEALS METERS Supervisor Raffensperger stated that this item was on the agenda because Audit and Control says the Town did not do it right . Because we wish to set a per meeting rate , which is the way members are currently paid , we have to set a public hearing to do that . Town Board Minutes 21 December 10 , 1990 RESOLUTION NO . 227 Motion by Supervisor Raffensperger ; seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 10 : 45 A . M . , on December 31 , 1990 to establish compensation for Town of Ithaca Planning Board and Zoning Board of Appeals members . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . SET DATE 17OR PUBLIC HEARING TO CONSIDER A LOCAL LAW ON BACKFTAW PREVENTION Supervisor Raffensperger stated that this was a local law proposed by the Bolton Point Commission but one which must be passed by each individual municipality . Town Engineer Walker noted that backflow prevention is to protect the water supply from cross connections or a situation where a higher pressure inside a building might force water from a contaminated building system back into the Town mains . Generally it is not a problem on individual residences because you don ' t have anything creating a pressure . The backflow prevention ordinance deals with preventing the cross connections , in the first place and in areas where cross connections might be possible providing for adequate backflow prevention devices and maintenance of those devices . RESOLUTION NO . 228 Motion by Councilman Whitcomb , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on January 7 , 1991 to consider a local law on backflow prevention . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . TOWN OF ITHACA WARRANTS RESOLUTION NO . 229 Motion by Councilman Liguori ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated December 10 , 1990 , in the following amounts . General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 89 , 963 . 86 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . . . $ 37 , 241 . 91 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 147 , 058 . 91 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43 , 149 . 25 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 468 . 24 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71020 . 00 (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . BOLTON POINT WARRANTS Town Board Minutes 22 December 10 , 1990 Supervisor Raffensperger stated that the Bolton Point Warrants also include the necessary approval from this Board of the budget transfers . RESOLUTION N0 , 230 Motion by Supervisor Raffensperger , seconded by Councilwoman Valentino , FROM : SW8310 . 438 Insurance $ 81000 . 00 ;SW8310 . 458 Equipment Maintenance 2 , 005 . 47 ;SW8320 . 212 Tools/Equipment 31300900 S W8320 . 222 Maintenance T & V 31000900 ;SW8320 . 433 Travel/ Schools 160 . 00 SW8330 . 215 Treatment Supplies 25 . 00 SW8330 . 418 Equipment Maintenance 40 . 00 SW8340 . 201 Equipment 2 , 000 . 00 cSW8340 . 212 Tools/Equipment 417987 SW8340 . 224 Meters 41000 . 00 SW8340 . 405 Plumbing Inspections 5 , 400 . 00 SW9010 . 800 State Retirement 150 . 00 SW1990 . 400 Contingency 64 , 000 . 00 Total $ 92 , 498 . 34 T0 : SW8310 . 401 Phone /Telemetering $ 1 , 500 . 00 SW8310 . 403 Heating Oil 505 . 47 SW8310 . 405 Audit/Attorney Fees* 40 , 000 . 00 SW8310 . 435 Advertising 31000900 SW8310 . 437 Data Processing 71000 . 00 SW8320 . 221 Maintenance B . P . * 15 , 300 . 00 SW8320 . 410 Office Supplies 160 . 00 SW8330 . 216 Lab Supplies 25 . 00 SW8330 . 410 Office Supplies 40 . 00 SW8330 . 419 Building & Grounds * 13 , 000 . 00 S0W8340 . 208 Clothing/Boots 400 . 00 SOW8340 . 200 * * 17987 SW8340 . 221 Maintenance B . P . System 6 , 000 . 00 SOW8340 . 418 Vehicle/Equipment Maintenance 5 , 400 . 00 SW9055 . 800 Disability 150 . 00 Total $ 92 , 498 . 34 * Monies from Contingency put into the following accounts . SW8310 . 405 Audit/Attorney Fees $ 40 , 000 . 00 SW8310 . 437 Data Processing 2 , 000 . 00 SW8320 . 221 Maintenance B . P . 91000600 SW8330 . 419 Building & Grounds 13 , 000 . 00 Total $ 64 , 000 . 00 * * Account SW8340 . 220 was discontinued in 1990 , however , there was an encumbrance left over from 1989 and not enough funds to cover the particular items - therefore , the overdraft (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye „ Nays - none ) . BOLTON POINT WARRANTS RESOLUTION NO . 231 Town Board Minutes 23 December 10 , 1990 RESOLVED , that the Bolton Point Warrants dated December 10 , 1990 , in the Operating Account are hereby approved in the amount of $ 125 , 035 . 09 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 ) . PUBLIC HEARING TO CONSIDER DETERMINATION OF PUBLIC PURPOSE FOR TITS WEST HILL 1989 SEWER EXTENSION Proof of posting and publication of notice of a public hearing to consider determination of public purpose for the West Hill 1989 sewer extension having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one wished to speak , the Supervisor closed the public hearing . Supervisor Raffensperger remarked that there was a recommendation from the Town Attorney as to the public hearing scheduled for 7 : 30 tonight to consider the determination of public purpose for the West Hill 1989 sewer extension . Town Attorney Barney replied , at the last meeting we talked about several courses of action related to the problems that we seem to be incurring in conjunction with this portion of the 1989 sewer extension . We were requested to consult with Audit & Control and with some other people , he stated that they had done so and he thought because of the potential for litigation here he would suggest that that discussion of those items be held in Executive Session and that this public hearing be adjourned either to December 31st or January 7th . Supervisor Raffensperger remarked that if the public hearing was to be postponed she would prefer it be January 7th because it is a more convenient time . RESOLUTION NO . 232 Motion by Supervisor Raffensperger , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby adjourn the public hearing to consider a determination of public purpose for the West Hill 1989 sewer extension until 8 : 00 P . M . , on January 7 , 1991 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . PERSONS TO BE HEARD David Nutter , 656 Five Mile Drive stated that he had heard on the radio that the Board was going to be considering dealing with the Route 13 project south of the City line . He asked if this was sonething the Board would be dealing with at this time ? Supervisor Raffensperger replied that the Town Board had already considered this and had , in fact , already passed a resolution authorizing the Town Supervisor to attend the Wednesday , December 12th meeting and to make a statement on behalf of the Town Board . Town Board Minutes 24 December 10 , 1990 Mr . Nutter asked if the statement was similar to what the CAC had recommended ? Supervisor Raffensperger replied , it is except that several portions are different , the Town Board ' s resolution recommends that the bridge construction be four-lane . Recommends that a four-lane reservation of land be taken and that NYSDOT look at the entire area from the City line to Shady Corners basically , to assess what kind of lane improvements are necessary in the whole area . The resolution is quite long and this doesn ' t do justice to the structure of it and that the Town Clerk would be glad to provide Mr . Nutter with a copy of it tomorrow . Supervisor Raffensperger noted that Councilwoman Valentino who asked for Agenda Item # 12 (Presentation , Tompkins County residents job policy proposal ) has asked that that be postponed until our January meting . PAYMENT FOR SEWER BLOCKAGE ON ELM STREET EXTENSION Town Engineer Dan Walker stated that on October 18 , 1990 a blockage occurred in the sanitary sewer in the vicinity of 617 Elm Street Extension . The homeowner , Mary Mills , contacted a private plumber to clear a blocked sewer that was flooding the basement level of the hone . The plumber assumed that the house lateral was blocked and had Roto-Rooter attempt to clear the lateral . The line was snaked and the snake extended the full length of the building lateral into the sewer main . At that point , the cutter head on the snake became lodged in an obstruction in the main . The Town was then notified that the blockage was apparently in the sewer main and the responsibility of the Town . The Town had the sewer cleaned with the City of Ithaca Jet Cleaner and an obstruction consisting of a root mass from a nearby Willow tree was removed . Mrs . Mills has suhmitted the plumbing bills totaling $ 193 . 75 for reimbursement by the To%m , and has also made a claim for $ 100 . 00 in damages caused by the backup of water . The Town has normally paid for cleanup in cases where the sewer main blockage has causeed damage . Supervisor Raffensperger asked the Town Engineer if he had found any written precedent for this ? Town Engineer Walker replied that he did not have a written precedent but in the past when we have had blockages we have provided cleaning services to people where the sewage has come into their basement and we have also repaired some damages where we have had consistent problems . He stated that he knew of one case where we actually installed a backflow prevention in the sewer because of poor grades on the sewer main . The Town Supervisor asked the Town Attorney if he had any comments on the legal implication of this ? Town Attorney Barney replied that he did not and that since the problem was something within the Towns portion of the sewer system, if we went. to court we would probably be held responsible for the expense they incurred but perhaps more than what they are asking for in damages . RESOLUTION N0 . 233 Motion by Councilman Klein , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a reimbursement in the amount of $ 293 . 75 be paid to Mary Town Board Minutes 25 December 10 , 1990 Miles , 617 Elm Street Extension for damage cause by a blockage in the sanitary sewer , and FURTHER BE IT RESOLVED , that the Town obtain a release from any further claims . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . AUDIT AND CONTROL REPORT AND EXAMINATION Supervisor Raffensperger reported that each member of the Town Board had received a copy of the Audit & Control report . She stated that Audit & Control encourages municipalities to respond and that she and the Town staff do intend to do that . When we received some of the verbal comments in August we proceeded to begin to make some of the changes that we knew were going to be recommended . They included , for example , the changes in the budget allocations that were already discussed this year at budget time . We are getting started on the Civil Service requirements , the matter of the water and sewer budget overages and the lack of change order for the past project . Obviously , there is nothing we can do but the new water and sewer capital projects have had a different system which will encumber , for example , the contractors retainage and change order will be brought to the Town Board as required by law . There are some items that we were not aware were going to be in the written report so we are either developing an action plan to improve the system or to explain why we may or may not agree with the comments . She stated that all of that will came before the Town Board for their approval , we have 90 days to do that . She stated that she had also asked the Town Attorney to look at the several items pertaining to contracts , etc . Councilman Klein asked how did the East Shore Drive sewer project get approved , did we just continue to audit the payment applications without any formal change orders ? Supervisor Raffensperger replied , there were no formal change orders and it did not become evident that there was that kind of overage on the project until the retainage had to be returned to the contractors , then all at once , 10 % or something of the projects cost had to came out and it had not been encumbered . When you looked at the monthly reports it was not evident that you owed scmebody that much money at the completion of the project , so that is why we set up the system that will always show what kinds of commitments we have made . Change orders will be brought by the Town Engineer to the Town Board for authorization . Councilman Klein remarked that Audit & Control had questioned whether the scope had changed significantly and should have required authorization . Town Engineer Walker replied that on the East Shore sewer , specifically , there were some major site conditions that made things tight and then a big part of it was the inter-relationship with Conrail and the requirements they put on us after the start of construction . EXECUTIVE SESSION RESOLUTION NO . 234 Motion by Supervisor Raffensperger , seconded by Councilman Liguori , Town Board Minutes 26 December 10 , 1990 RESOLVED , that the Town Board of the Town of Ithaca hereby move into Executive Session to discuss matters of potential litigation . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . OPEN SESSION RESOLUTION N0 . 235 Motion by ,Supervisor Raffensperger ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby move back into Open Session . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . RESOLUTION NO . 236 Motion by Councilman Liguori , seconded by Councilman Klein , RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the Town Engineer to prepare a supplement to the Engineer ' s Report on 1989 Water and Sewer Improvements altering the proposed service area by deleting two properties at the end of the West Hill ,sewer line . ( Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . RESOLUTION N0 . 237 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , WHEREAS , an application has been received from Mr . Stephen Shippos to extend the time during which he may maintain a trailer on his property at 493 Five Mile Drive , and WHEREAS , the Town Board has considered the reasons for the request and is willing to permit such an extension , NOW THEREFORE BE IT RESOLVED , that Mr . Shippos be permitted to maintain his trailer at 493 Five Mile Drive for a period of six months beyond that , until July 31 , 1991 , and FURTHER RESOLVED , that the Town Zoning Enforcement Officer be authorized to issue a new building permit for the construction proposed b:y Mr . Shippos at that location , and FURTHER RESOLVED , that the extension and issuance of a new permit be conditional upon receipt by the Town Zoning Officer of a survey of the property showing the location of the foundation relative to the highway line and the side yard . (Raffensperger , Whitcomb , Leary , Klein , Liguori and Valentino voting Aye . Nays - none ) . ADJOUFNYE N`.r The meeting was duly adjourned . Town Board Minutes 27 December 10 , 1990 ' awn Clerk AFFIDAVIT OFP[IPLICATION THE THJ�� CA JOURNAL State of New York , "Tompkins County , ss . : Gail Sullins being duly sworn , deposes and says , that she/he resides in Ithaca . county and state aforesaid and that she/he is Clerk TOWN OF ITHACA ' ` °';4' ' NOTICE .OF PUBLIC ,HEARING; of The Ithaca Journal a public newspaper rinted and published In PLEASE TAKE NOTICE; -That thei P P P Town-, Board .of_;•1he. Town'-of Ithaca aforesaid , and that a notice of which the annexed is a true Ithaba`c hearing o nd conduc �a 'public hearing 'on_Decembey = 10, + 1990 at 1:30 .P M. -;the copy , was published in said paper Town Halr, ::126 ',East Seneca Street; Ithaca., New .York', ' tj consider - o determination `of C Ion public purpose for:_si .West Hilr 1989 sewer extension' and will at this time ear all pert sons in fovor of or opposed' to said determination. Jean H. Swariwood ' Town`Clerkl November• 30, 1990 nd that the first publication of said notice was on the ay of �e v~ 1 ,�!sc -el 19 �6 Subs ' bed and sworn to before me , this day of _ 19 - iv Notary Public . JEAN rORD Notary Public, State of New York No. 4654410 Qualified in Tcrnpkins Coun/t� res May 3l, Commission expi l L AFFIDAVIT OF PUBLICATION THE IVIPHALCA JOMNAL State of New York , Tompkins County , ss . . Gail Sullins being duly sworn , deposes and says , that she/he resides in Ithaca , county and state aforesaid and that she/ he is Clerk of The Ithaca Journal a public newspaper printed and published In TOWN OF ITHACA NOTICE OF PUBLIC HEARING Ithaca aforesaid , and that a notice , of which the annexed is a true PLEASE TAKE NOTICE that 1f`q Town . Board � of `the : Town , of:1 copy , was published in said paper 6 pub Jill. meet and conduct a public hearing on December: 10; _ 1990, ' at 7:00 p. m. , ot' the Town ,.Hall , : l26 East . Seneca — r ` � cm Street, Ithaca, New York, ;to . consider a local low. amend; ing the Town of Ithaca Zoning , Ordinance exempting subdivi-. sions from the requirement to obtain fill permits under cer- tain circumstances and will at this time hear all persons in favor ' of or opposed to "the' ta y t hat the first publication of said notice was on the � 6 adoption, of said local low. i-% ' , 'Jean H. SwortwoodQ Town Clerk of � 1�t Y- , C 19 \ a November 30, 1990 0 subscAibed and sworn to before me , this \3 day of _ 190 Notary Public . JEAN FORD Notary Public, State of New York No. 4654410 Qualified in Tompkins County expires May 31, 19 . . .( AAFFIDAVIT OF PUBLICATION THE ITHACA JOURNAL State of New York , Tompkins County , ss . ; Gall Sullins beinP duly sworn , deposes and says , that she/he resides in Ithaca , county and state aforesaid and that she/ he is Clerk `'' TOWN OF ITHACA NOTICE OF. PUBLIC HEARING of The Ithaca Journal a public newspaper printed and published In PLEASE TAKE NOTICE, that the , Towh '.Board of the JgNwr ,, of Ithaca aforesaid , and that a. notice , of which the annexed is a true Ithaca ':will ,meet .and cohductl) o,public hearing on December; copy , was published in said paper to; two, "at' 7: 15 asst . ot . the Town' Hall, =�126� East .SerSeco� Street, ' Ithaca, ' New York;,"' consider' a local ' law amend=, ing the Town of Ithaca, Zoning Ordiance relating to occupan cy of mobile home park dis-1 tricts and will at this time heal all persons in favor of or op- Fosed to the adoption . of said ocal law. " ' Jean H'. -Swahwood , Town Clerk l d that the first publication of said notice was on the 3C) .Novemberi30, 1990 y of have VPP�,Vz��r y 19 �d Subscri ed and sworn to before me , this day of 19 Notary Public . JEAN FORD Notary Public, Stat= of Nov, Yorf. No. ; 6410 Qualified in Tc ,;, r < ins Ccuntl Commission expires May 314C I