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HomeMy WebLinkAboutTB Minutes 1991-08-12 TOWN OF ITHACA TOWN BOARD MEETING August 12 , 1991 At a Regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York , there were : PRESENT : John Whitcomb , Deputy Supervisor Patricia Leary , Councilwoman Catherine Valentino , Councilwoman Karl Niklas , Councilman ABSENT : Shirley Raffensperger , Supervisor David Klein , Councilman Frank Liguori , Councilman ALSO PRESENT : Dan Walker , Town Engineer Floyd Forman , Town Planner Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Linda Nobles , Assistant Budget Officer David Dubow, Town Attorney Pat Driscoll , 214 Texas Lane Jim Hilker , 255 Burns Road David Auble , Town Resident Salvatore Grippi , 423 E . Seneca Street PLEDGE OF ,?ALLEGIANCE The Deputy Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF 'TOWN OFFICIALS Supervisor ' s Report Deputy Supervisor Whitcomb read Supervisor Raffensperger ' s report as follows : On July 9 , 1991 , the Town of Ithaca sold serial bonds in the amount of $4 , 465 , 000 for the 1989 water and sewer improvements . The rate received was 6 . 6255 . With the premium offered by the successful bidder , Fleet Norstar/Marine , the net rate is 6 . 62133 % . The previous }ends sold by the Town were at a gross rate of 7 . 30% , so we appear to entered the market at an excellent time for these bonds . Town of Ithaca sales tax revenues for the second quarter , 1991 , were down substantially from previous second quarters and from the first quarter of 1991 . We received $ 286 , 755 . 55 in the second quarter , ccmipared with $ 315 , 027 in the comparable quarter last year and $353 , 198 in May 1991 which is a reduction in revenue of $28 , 272 . The decreased amount is reflective of a number of factors , the economic downturn , adjustments by New York State in their estimate and an increased percentage of sales in the City of Ithaca . Town Board Minutes 2 August 12 , 1991 The Deputy Supervisor noted that Item # 9 was not ready for discussion this evening and a new item , 25A appointment of Town of Ithaca representatives to the Joint Youth Commission had been added . Highway S192erintendent ' s Report Highway Superintendent Scott McConnell reported that in July , the Highway Department worked a total of 1396 man hours . 20 % of this time was spent replacing a 36 " culvert pipe , which was 14 ' deep , on Sandbank Road . 17 % of the time spent was helping the Parks Department. pave sidewalks and walkways in the Northeast . This was a major task for the Parks Department which was reduced significantly by the use of an asphalt drag box that was designed and built by the Town ' s mechanic , Art Westmiller . This box will also be used to construct the Mitchell Street sidewalk in August . 5 % of the time was spent on mowing and repairing the mower . The remaining 52% of the time was spent performing general repairs , with the largest amount of time spent repairing numerous catch basins primarily in the Northeast and on Snyder Hill . This will continue in August . Other tasks to be done in August include the construction of Mitchell Street sidewalk , placing shoulders on the newly paved roads , placing oil and stone on various roads , continued mowing and general repairs on roadways . The Highway Superintendent then read the Parks and Open Space Manager ' s report , as follows : Our major effort for July was in preparation for and the paving of four sections of walkway in the Northeast . A total of 637 man hours were spent , including assistance from the Highway Department for three days of actual paving . The paving drag box constructed by Art performed very well . Landscaping edges of the walkways remains to be done in August and September . Very little mowing was required in July as the dry weather continued . A total of 52 man hours were spent . Due to the stressed state of all our lawns this summer , priority will be given to the application of fertilizer and lime this fall , as funds allow . The Winner: Circle trail was delineated by George Frantz and Parks installed scene erosion control and then surfaced the trail with a three foot wide bed of wood chips . Installation of a sign post for the Circle Greenway and some additional landscaping remains to be completed in August and September . Various routine maintenance tasks were completed the balance of the month for a total of 82 man hours . Play structure bases were remulched with bark , park furniture was stained , shrubs trimmed , watering in our nursery , and preparation for upgrading Hungerford Heights play structure were done . August Parks projects include construction of the Mitchell Street Walkway , shrub and trail trimming , finish staining park furniture , continue regular grounds maintenance and begin wood sealing of play structures „ Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost stated that 15 building permits were issued for the month of July . We issued 15 certificates of occupancy , investigated 9 new complaints for the month . 122 field visits were made . Town Board Minutes 3 August 12 , 1991 Mr . Frost noted that a letter regarding the fire works had been received from Fire Chief Ed Olmstead , saying that he would be responding to it . He stated that he had spoken to the officials at Ithaca College and the Fire Works Company . There does seem to be some disagreement regarding some of the points that were stated in the Fire Chief ' s letter and he was attempting to respond to those specifically . Some legal authority will be needed to deal with what are scene problems with the fire works display in regard to Penal Law „ Councilman Niklas remarked that he would like to remind the Town Attorney that at the last meeting a question was asked that we need an answer to and that was an opinion in regard to our fill and grading law . Whether or not it was permissible with the fill permit to deposit the graded and fill material on another site without specifying what that site is . He stated that it was his understanding that Codes and Ordinance Committee ' s understanding of the law that was drafted , it would prohibit that but he believed Attorney Barney stated that his impression was that the way the law is crafted right now there is no prohibition . He stated that he would like to get clarification and recommendations as to how the law should. be modified to prevent that kind of activity . Attorney Dubow stated that he would let Attorney Barney know about this . Town Planner ' s Report Town Planner Floyd Forman stated that the following is a synopsis of Planning Department activity for the period July 9 thru August 12 , 1991 : Planning staff in cooperation with the Comprehensive Planning Committee and Stuart I . Brown Associates continued work on the ccmnprehensive plan . Work during this time period focused on revising the inventory chapter , reformulating the goals and objectives and beginning to identify and assemble the actions which ` will acccoplish the goals and objectives . Stuart Brown Associates will further develop and refine these recommendations . The Comprehensive Planning Ccamuttee held one meeting during this period on July 23rd . The Goals and Objectives Subccatamittee met on July 15th and the Coordinating Committee met on July 23 . The Planning Board met on July 16th and August 6th . Eight subdivisions and one site plan were considered . Of the eight subdivision proposals five were approved , one was turned down , one was required to do an environmental impact statement and one was adjourned until the applicant comes back with more information . The proposed site plan was approved . The Planning Board also recommended approval to the Town Board for changes to Business Zone D . Planning c,taff continued to work with the Conservation Advisory Council on a number of issues , including the Open Space Inventory and Map and completion of second quarter reports for reimbursement from the New York State Department of Environmental Conservation . Staff attended two meetings of the CAC since the previous Town Board meeting , the 18th of July and the 8th of August . Staff also attended three meetings of the Open Space Committee on the 9th , 23rd and 30th of July . Planning staff continues to work with Andy Frost and John Barney to support the efforts of COC . The Committee met on August 7th . The major focus of the COC continues to be consideration of revisions to the Town of Ithaca Zoning Ordinance and other land use Town Board Minutes 4 August 12 , 1991 regulations . Staff prepared a draft map to assist the Committee with its proposed Environmental Protection Overlay District . COC also discussed other land-use related environmental protection mechanism`; which the Town of Ithaca could consider in the caning months . Staff met with John Majeroni , Director of Real Estate for Cornell University to address problems with East Hill Plaza . The meeting proved useful and another meeting has been scheduled to continue these discussions . On July 31st , a staff member attended a County sponsored affordable housing meeting . We also met with the two large lane( owners in Inlet Valley as requested by the Town Board . The results of these meetings will be discussed in greater detail later at tonight ' s meeting . Town Engineer ' s Report Town Engineer Dan Walker stated that the sewer main construction is complete for the 1989 Water and Sewer Improvements on West Hill with final site restoration remaining to be completed . Top soil is being tested to determine compliance with contract specifications , and final grading and seeding will be completed pending test results . The water main along Route 96 and Dubois Road has been installed and final pressure tests and chlorination are pending . The new tLnk on South Hill , part of the 1989 Water Improvements , has been tested and approved and is now operational and on line . Final sitE� work and a final inspection will be completed this month . The construction contract for the 1989 Water and Sewer Improvements for Inlet Valley was signed effective August 1 , 1991 , and the Contractor has begun mobilization . Construction of water and sewer lines is scheduled to begin this week on Seven Mile Drive and Bostwick Road , pending receipt of County Highway work permits . The Route 366 watermain extension has been completed and pressure tested . Town acceptance of the watermain will be completed after the recorcl documentation and easements have been completed by Cornell University and receive Town Engineering approval . A resolution for acceptance of the main will be brought to the Town Board after the appropriate information is received . The Town Engineer noted that he had begun working on the water and sewer agreements with the City Engineer/Acting Superintendent of Public Works . Draft documents will be prepared for Town Board review . Site work is continuing on the site for the Ithaca College road relocation and Science Building and the Engineering Department is providing periodic site review to monitor sediment and erosion control and sanitary sewer construction . The Engineering Department is providing information on utilities and the various intermunicipal agreements are being evaluated and updates of the agreements for the Comprehensive Plan are in the development stage . Public works in general , the Mitchell Street sidewalk design has been completed and construction is scheduled for this month , pending final approvals by the County Highway Department for work in the right-of-way and pending an easement from the East Lawn Cemetery Association . Town Board. Minutes 5 August 12 , 1991 A major sever blockage occurred on a portion of the Muriel Street sewer which required an emergency clearing of the overgrown easement . The blockage was due to a severe root mass in the sewer main . Councilwoman Valentino asked the Town Engineer if the Town had seen any plans yet from the County on how they are going to realign Judd Falls with Pine Tree Road? Town Planner Forman replied that he could answer that because he had just spoken to Jim Hansen and they would like to come to the next Board. meeting to talk to the Board about it . They are just about done with their design and would like to get public input into the project . They will also be holding a public hearing . He did not think the design was there to be looked at yet . Councilman Whitcomb asked the Town Engineer if he had heard anything from the County Planning Department about NYSEG providing a grant that will fund a geographic information systems and the County , the City and the Town of Ithaca will also be participants in that plan . Town Engineer Walker replied that there is a combined mapping project that NYSEG has initiated . It is not strictly a grant program . It ' s a cost sharing program that NYSEG has proposed . There have been several meetings between NYSEG , City Planning Department , Town Engineering Department and County Planning Department along with Cornell Facilities Management . Don ' t have a firm proposal yet but there has been a cost breakdown that Phase I would be basically setting up a series of monuments which would be preparation of aerial mapping of the site . Last spring the Town had the whole Town was flown and they are proposing to use that coverage . There will probably be an initial cost to the Town somewhere in the range of $7 , 500 most of which could be provided by in-kind services by using the Engineering Department and on a short term basis the Highway and Parks Departments . Second phase would probably occur in 1992 and would be the mapping phase which will probably cost in the area of $30 , 000 to $ 60 , 000 as Town ' s share of the mapping services . The level of detail would be greater where NYSEG wants their information , where their mains are , etc . There is another meting this Friday . It has all been very tentative and he stated that he had not made any commitment . REPORT OF '.['OWN COMMITTEES Codes and Ordinance Committee Councilman Niklas stated that he was going to ask that an agenda item be placed on the next Town Board meting and it was to discuss the appropriate period of time for the posting of signs . COC is right now drafting a proposed piece of legislation that would require any activity like development on a piece of property to post a sign . This draft piece of legislation was circulated to the ZBA , Planning Board and CAC . CAC had substantive comments to make on the draft legislation , the most important for this issue was that the original draft piece of legislation required that signs be posted a minimum of seven days before the agenda item goes to public hearing and not more than 30 days before that date . CAC would like to see that minimum date expanded to the time at which the developer pays the fees and before it is even known when the item is going to go on the agenda . The COC is undecided how to reconcile These two opinions and it was felt some clarification was needed fron the Town Board . Town Board Minutes 6 August 12 , 1991 He went on to say that all other things were progressing at a good clip . We are about half way through the modifications for proposed "E-pod " legislation that would cover stream corridors . We are also considering some other draft legislation and it would be premature to talk about them now . Ethics Corrmi.ttee Councilwoman Valentino stated that she had had a meeting with the Town Attorney and they went over the things that were discussed at the Board meeting and felt the Committee would have some changes for the Board at the next meeting . Deputy Supervisor Whitcomb asked Councilwoman Valentino if they planned to set the date for the public hearing at the next meeting? Councilwoman Valentino replied , yes . Conservation Advisory Committee Deputy Supervisor Whitcomb reported that the Chairman of the Open Space and Index Ccmnittee has vowed to have that voted out at the CAC ' s September meeting . That means that we finally will have completed our open space inventory and index and then we will take it to a public information meeting for public comment . We hope to be able to have the Town Board adopt it in October or November . Councilman Niklas asked the Town Attorney , if the CAC has a public hearing for something the Town Board would adopt , doesn ' t the Town Board also have to hold a public hearing . Attorney Dubow replied , it would depend upon what you were proposing to adopt . As he understood it the CAC was formed by way of a resolution process instead of a local law . The extent that the CAC would take any action , out of respect to its own rules or any other activity , it could be done by resolution . If the normal en it to hold a public hearing th en procedure is for the Town Board p g would normally still have to hold a public hearing even if the CAC were to have an independent public hearing . Councilman Niklas suggested that perhaps the Town Board could hold the public hearing and the Chairperson of CAC could conduct the public hearing . Deputy Supervisor Whitcomb stated that he would pursue that with the Town Supervisor . REPORT OF croUNTY BOARD OF REPRESENTATIVES No members of the County Board were present at the meeting . MAY AND JUNE FINANCIAL REPORTS RESOLUTION NO . 181 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the May and June 1991 Financial Reports as presented . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . Town Board Minutes 7 August 12 , 1991 WATER AND SEWER ACCOUNT REFUNDS RESOLUTION' N0 . 182 Motion by Deputy Supervisor Whitcomb , seconded by Councilman Niklas , WHEREAS , the property owner at 205 Tudor Road has been receiving estimated bills for the past nine months , and WHEREAS , when an actual reading was taken the consumption was lower , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund in the amount of $39 . 77 for sewer be paid to Philip Anderson , 21 Rosina Drive , Ithaca New York . Account Nu-nber S- 1195 . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none) . RESOLUTION N0 . 183 Motion by Deputy Supervisor Whitcomb ; seconded by Councilwcanan Valentino , WHEREAS , the property owner at 128 A Sapsucker Woods Road paid their June 1991 water bill and then paid it again on the final reading bill , NOW THEREF3RE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize a refund of $ 44 . 51 for water , $6 . 64 water surcharge , $ 26 . 03 sewer , $3 . 12 sewer surcharge , $ 5 . 11 water penalty and $ 2 . 91 sewer penalty , total refund of $ 88 . 32 be paid to Ming Fe , 311 Blackstone Avenue , Ithaca , New York . Account Number V-3344 . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none) . ARCHIVES MM IN THE TOWN OF ITHACA RESOLUTION N0 . 184 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , WHEREAS , archives help us anchor our rapidly changing society in the stream of time , document our stewardship of the present , and remind us of our accountability to future generations , and WHEREAS , archives are central to research and education , both now and in the future , and WHEREAS , the archives of our governments protect the rights of citizens , support the effective operation of government , and document the evolution of our democracy , and WHEREAS , archives are essential to understanding the diversity of our society and the development of our private and non profit organizations , and WHEREAS . the sound selection , preservation , accessibility , and broad use of archival records are vital to the present and future citizens of the Town of Ithaca , and Town Board Minutes 8 August 12 , 1991 WHEREAS , greater public awareness of archival conditions and increased support for archival programs in the Town of Ithaca is urgently needed , and WHEREAS , the second week in October is being celebrated statewide as NEW YORK ARCHIVES WEEK , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby proclaims October 13 - 19 , 1991 , as ARCHIVES WEEK IN THE TOWN OF ITHACA . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . CODDINGPON ROAD COMMUNITY CENTER. SUMMER PLAYGROUND PROGRAM RESOLUTION N0 . 185 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , WHEREAS , on May 13 , 1991 the Town Board of the Town of Ithaca authorized funding in support of the 1991 Coddington Road Community Center in -the amount of $2 , 550 , and WHEREAS , no salary for planning time was included in that amount and a plaruzing amount had been authorized in other years , and WHEREAS , the Town of Ithaca has received a request for the addition of planning time to the 1991 Summer Program costs , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the increase in the amount of support for the 1991 Coddington Road Community Center Summer Program by $ 225 , 30 hours of planning time at $7 . 50 /hour , for a total appropriation for the 1991 Program of $ 2 , 775 . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . MODIFYING AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONEYS Highway Superintendent McConnell stated that a couple of the big items are tiudd Falls Road , where we agreed to mill and overlay the road . Because of the work Cornell is planning on doing this fall and not really being ready to have us go in there and fix up the road next to that , we felt it would be better to put that work off completely until next year . The other thing is , we have quite a record of accidents on the lower portion of Stone Quarry Road , just above the railroad tracks . He stated that he proposed micro paving which is like a slurry seal , its high friction . And , Rich Road instead of being oil and stoned was topped with two inches of hot mix asphalt . RESOLUTION N0 . 186 Motion by Councilwoman Valentino ; seconded by Councilman Niklas , WHEREAS , fiscal constraints and the current budget situation has caused a shift in priorities for the 1991 construction season , and WHEREAS , some roads that the Town Board and the Highway Superintendent came to an agreement on for the expenditures of Town Highway funds will not be repaired or constructed as agreed upon , Town Board Minutes 9 August 12 , 1991 NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the amendment to the Agreement for the Expenditure of Highway Moneys for the following : 1 . Rich Road to be topped with 2 " of Type 6 AC top , cost not to exceed $ 7 , 000 , 2 . Judd Falls Road to be deleted entirely , 39 Pinewood Drive to be slurry sealed , cost not to exceed $ 2 , 500 , 4 . Stone Quarry Road cannending at Town/City line and leading to a point +/ - 2 , 000 ' toward King Road , a distance of 0 . 41 miles , cost not to exceed $ 8 , 000 , to be micro-paved , width of 20 ' , thickness is 1- 1 / 2 " and sub base is gravel . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . MAY AND JULY TOM BOARD MINUTES RESOLUTION N0 . 187 Motion by Councilwoman Leary ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the May 1991 Town Board Minutes as presented by the Town Clerk . (Whitcamb , Leary , Valentino and Niklas voting Aye . Nays - none ) . RESOLUTION N0 . 188 Motion by Councilman Niklas ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the July 1 !391 Town Board Minutes as presented by the Town Clerk . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . TOWN OF ITHACA SALARY SCALE Linda Nobles noted that the listing shows the current salary range and the proposed 1992 salary range . There are only three that the Catamittee is proposing to change considering that this is going to be a very tight budget year . As with the Administrative Assistant in Highway there was no set range because it was a part time position . The Parks and Open Space Manager position , it has been felt for sametime that it was on a par with the other assistant positions and so they wanted to revise the range to reflect that . The Department Secretary in Building and Zoning was brought up to par with the other Department Secretaries . All the other position remain the same . RESOLUTION N0 . 189 Motion by Councilwoman Valentino ; seconded by Councilwanan Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the 1992 alary Ranges for Town employees as recommended by the Personnel C:an[Littee . (Whitcanb , Leary , Valentino and Niklas voting Aye . Nays - none) . Town Board Minutes 10 August 12 , 1991 SET DATE FOR FALL BRUSH AND LEAF CLEAN-UP RESOLUTION' NO . 190 Motion by Councilman Niklas ; seconded by Councilwoman Leary , RESOLVED , that the Town Board of the Town of Ithaca hereby approve that October 21 thru 25 , 1991 , be the dates when the Tawas Highway Department will pick up brush for residents in the Town of Ithaca , and FURTHER BE IT RESOLVED , that November 11 thru 22 , 1991 , be the dates when the Town Highway Department will pick up leaves for residents in the Town of Ithaca . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . SET DATE FOR PUBLIC HEARING TO CONSIDER RE-ENACRV= OF LOCAL LAW # 11 , 1991 , A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PROCEDURES FOR SITE PLAN APPLICATIONS AND FOR MODIFICATIONS OF SITE PLANS Councilman Niklas noted that the Town Board had passed this law at the last meeting but during that meeting , if you recall , we had a debate as to the minimum amount of time for the extension periods and it was changed from 24 to 36 months , we also installed a clause on grandfathering those who had approval for site plans prior to July 8th . At the time he stated that he had asked the Town Attorney if he thought the Board needed to hold another public hearing but at the time he did not think it was necessary . RESOLUTION N0 . 191 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 00 P . M . , on September 9 , 1991 to consider re-enactment of Local Law # 11 , 1991 , a local law amending the Town of Ithaca Zoning Ordinance relating to procedures for site plan applications and for modifications of site plans . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . PERSONS TO BE HEARD No one in attendance wished to speak at this time . QUARTERLY 12AIESTMENT REPORT RESOLUTION N0 . 192 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following Investment Report for the quarter 4 / 1 / 91 - 6 / 30 / 91 : CERTIFICATES OF DEPOSIT Date Rate of Maturity Interest Acquired Amount Interest Date Earned 3 / 3 / 91 $ 11 , 728999 6 . 10 % 6 / 1 / 91 * $ 177 . 74 11 / 13 / 90 $ 407 , 263 . 13 7 . 45 % 5 / 14 / 91 * $ 15 , 128 . 99 Town Board Minutes 11 August 12 , 1991 11 / 30 / 90 $ 3061580 . 71 7 . 45 % 5 / 31 / 91 * $ 11 , 388 . 84 11 / 8 / 90 $ 813 , 716 . 16 7 . 60 % 5 / 0 / 91 * $ 30 , 836 . 50 3 / 11 / 91 $ 1 , 251 , 041 . 10 6 . 20 % 9 / 9 / 91 * **** * 8 / 16 / 90 $ 1 , 265 , 000 . 00 7960% 8 / 16 / 91 * * * * * * 3 / 7 / 91 $ 21073 . 20 5 . 90 % 6 / 3 / 91 * $ 29 . 70 SAVINGS End of Month Rate of Interest Month Balance Interest Earned April $ 3 , 039 , 295 . 59 5 . 60% $ 14 , 324 . 28 May $4 , 651 , 905 . 38 5 . 60 % $ 19 , 110 . 69 June $ 4 , 588 , 568991 5 . 50 % $ 201870 . 96 INTEREST CHECKING End of Month Rate of Interest Month Balance Interest Earned April $ 195 , 739 . 58 4 . 25 % $872 . 32 May $ 19 , 266 . 38 4925 % $394 . 44 June $ 66 , 992 . 00 4925% $437 . 22 *Not reinvested due to very low interest rates . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . SALE OF SURPLUS ITEMS Highway Superintendent McConnell remarked that last year we had two vehicles that we phased out , the trucks were eight , nine , ten years old and in. pretty poor condition . We elected to take public bids on those and sell them to the highest bidder . We sold one for $50 . 00 and. the other for $ 25 . 00 , so that after the cost of the legal adds we lost money . RESOLUTION N0 . 193 Motion by Councilman Niklas , seconded by Councilwoman Leary , WHEREAS , the Town has accumulated many pieces of equipment , furnishings , supplies , etc . Many of these items have become obsolete or are , for some reason , no longer used , and WHEREAS , tea control expenditures for new items , eliminate clutter in usable space , and realize , if possible , needed revenues when items are no longer needed , we have identified the attached list of " surplus " items , and have verified that there are no liens , mortgages , or other encumbrances on any of these items , and WHEREAS , these items were made available to other Town departments but were not needed , and WHEREAS , the most efficient and cost-effective way to dispose of these items is at the Municipal Surplus Auction to be held September 21 , 1991 , at the Town of Lansing Highway Department , NOW THEREFti)RE BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby declare the attached list of items to be "Surplus " and does hereby authorize their disposal at the Municipal Surplus Auction on September 21 , 1991 , at the Town of Lansing Highway Department . The terms of sale are : 10 % commission on each Town Board Minutes 12 August 12 , 1991 item sold , to be deducted from the proceeds by Roy Teitsworth , Inc . , Professional Auctioneers . This commission covers the costs of advertising , sale , collection and distribution of proceeds ( less the agreed commission) . LIST OF EQUIPMENT Quantity Description Make/Model Year 1 Monochrome PC Monitor AST 1988 2 5 1 / 4 " 360K internal floppy disk drives Teac 1987 1 35 CPM Console copier with . 20 bin sorter reduction/ enlargement 3 paper trays & bypass auto paper selection auto duplexing paper sizes up to 11x17 Savin 7350 1987 1 21 " Rotary hand mower John Deere 1982 1 Gas string Jonsered trimmer/brushcutter B16 Red 400 1985 1 Bell mounted mower John Deere 60 " cut 160 1982 1 Truck cap (Older full Size ) Assorted Brushhooks & Weedhooks 1 1 / 2 " H . D . Drill Edison 1983 3 Gas pumps Gasboy 1 Snowblower Sicard Intl . 34S , V8 , Gas , BM 1 Stone box Good Roads 3 V-type Snow plows Frink 1 Automobile : 70 , 263 Miles Chevy/Citation 1981 2 liter engine Excellent tires (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . REPORT OF 910M PLANNER ON INLET VALLEY LAND USE Town Planner Floyd Forman stated that he had spoken with the two large landowners in the area , Mr . Mancini who owns 85 acres plus and he had, spoken with George Gesslein . Mr . Gesslein is a vice president of Citizens Savings Bank . The bank has approximately 81 acres of land in Inlet Valley . The meeting with Mr . Mancini was brief . Mr' . Mancini had very little to say beyond he had no intentions of developing his land right now and he was not looking to sell the land . But he did say that if the right buyer knocked on his front door he would be more than happy to listen . He really Town Board Minutes 13 August 12 , 1991 had nothing beyond that , he was not out looking for buyers , didn ' t have a special interest but again he did make known that he would always listen to offers but he was not soliciting any at the time . With Mr . Gesslein it was another story . Citizens Savings Bank has about 81 acres , most all of it in Residential R-30 zoned land with the exception of three acres in Light Industrial . Mr . Forman stated that he net with Mr . Gesslein on the 24th of July . They also have no interest in developing their own land but they do want to sell i.t . They have as he put it , warehoused their land for four or five years and now that water and sewer is coming along the bank believes it is time to move their property . He also believes it would be desirable to rezone this land commercial . He understands that this would raise the value of the land and that rezoning would raise the amount of money the bank could bring in . At present. he is asking about $ 550 , 000 and at present there are no interested parties , especially at that price . Mr . Forman stated that he had expressed the Town ' s concern to him about what could happen to Inlet Valley if they decided to sell off individual lots . He stated. that he had explained the number of environmental concerns that the Town had on that piece of property . One of the things that we did discuss in detail was a one acre wetland that fronts on Elmira Road near the Wonderland Motel . Mr . Gesslein stated that they were applying for a fill permit for that wetland with the Army Corp of Engineers . Mr . Gesslein stated that there was an effluent pipe that was creating the wetland . The Town ]?lanner remarked that there was indeed an effluent pipe coming out, there and that he and the Assistant Planner had taken a look at it and they also asked Candice Cornell to take a look at it along with talking to the Army Corp of Engineers . Councilman Niklas remarked , don ' t influx pipes cause artificial wetlands ? Andrew Frost remarked that there was some history which he was aware of on that property . Councilman Niklas replied that his was just a simple question , was the pipe uphill or downhill of the presumed wetland? The Town Planner replied , uphill . The pipe is above the wetland . He went on to say that the Army Corp expects to make a decision shortly on that piece of property . The only other thought that he had at this time and it really was the Assistant Planner ' s thought , was to have one of the design classes at Cornell take a look at this piece of property with all of the environmental constraints on it and see what they could come up with , as a class project , both looking at it from a residential standpoint , clustering away from environmentally sensitive areas or even just to have take a look at it as an office park , again clustering away from the environmentally sensitive areas . Councilman Niklas asked if the Corp of Engineers approves , what are the discretionary powers of the Town? He questioned , if it ' s more than 500 yards the Town has to grant the permit? Assistant :Planner Frantz remarked that this was the same question that came up on the Mancini site . He stated that he had asked the Town Attorney the question that if the Corp issues the permit does the Town still not have the power , under Section 70 of the Zoning Ordinance , to also grant or deny the permit? Councilman Niklas remarked , and the answer was yes we do? Mr . Frantz replied that that was the Town Attorney ' s opinion . Town Board Minutes 14 August 12 , 1991 Deputy Supervisor Whitcomb replied , even if they are just moving dirt around on the site ? Mr . Frantz replied , if there is no building permit issued as part of their overall site plan , that was his impression . Councilman Niklas replied that this was why he raised the issue about the discussion we had at our last meeting . If there is nothing in our current law that prohibits someone from dumping off their site , then these people if they are really eager enough , they might not move soil from one part of the site to another , they could import fill fron another site and it was his understanding that the Town would have no control over that . Mr . Frost remarked that section of the Zoning Ordinance gives them 500 cubic yards off the site , to another site or on to the site from another site . Councilman Niklas remarked , but they could accumulate lots of that amount from a variety of sites and fill in that wetland . Deputy Supervisor Whitcomb asked the Town Planner if he had any reccnumenda.tions as to how the Town should proceed , at this point ? Town Planner Forman replied that he thought that clearly part of it depends on the bank . He did not know off the top of his head what they paid for the land and how much of a hurry they are in to sell it . Obviously if they have had it for four or five years they are probably riot in a hurry to move it and probably got it for a good price . He stated that he really did not get a feel from Mr . Gesslein how flexible he was and how quickly he wanted to move it . The only impression he got was , and it was only an impression , that he did not seem to be in a great hurry . But again , if the right offer cones in he will move it . Deputy Supervisor Whitcomb asked if there were any individual building lots for sale in that area now, right now it ' s large parcels ? Mr . Forman replied , right now the bank wants to sell it as a whole . He then asked if the Town Board had any objections and did they think it 'was a good idea to go ahead with having some of the students at Cornell take a look at it ? Councilman Niklas asked if they would do this under the current zoning? Mr . Forman remarked that he was not sure . The Board felt this was a good idea . REPORT OF TOWN ENGINEER ON SEWER EXTENSION REQUEST ON WEST HILL Town Engineer Dan Walker showed , on a map , the existing sewer line on West Hill . He went on to say that in the past several months there have been several residents that have expressed interest in future sewer connections . We looked at the feasibility of extending the sewer line to the remaining properties along Route 96 . Currently the sewer line runs down Woolf Lane , Dubois Road and Indian Creek Road and then down into the hospital sewer main . Year before last , the sewer was extended to the site of the new fire station . The land generally slopes to the South so we could get a gravity sewer serving the entire West side of Tru mansburg Road . The other side of the road is a little bit higher than the road and the houses on the East side are generally lower than the road , Town Board Minutes 15 August 12 , 1991 there is a little slope . So in looking at providing sewer service to the existing residents on Trumansburg Road , we can serve all the lots and residents on the West side very easily with sewer , a back lot sewer would be required to serve three lots at the end of Woolf Lane which currently does not have sewer . To provide sewer to the back lots i=rcan Indian Creek to the Tilitz Subdivision would require a back lot sewer because of the depth of cut and the remainder of the lots on Trumansburg Road would be served by the Tilitz Subdivision and tie into Evergreen Lane . When the Engineering Department looks at a sewage plan we look at providing sewage to the existing tax parcels . Councilman Niklas asked about the people who had approached the Town to do the feasibility study , are any or most or all of those septic systems failing? Town Engineer Walker replied that one person had an immediate need because of a small lot and potential problems with their septic system . Another landowner did not have an immediate need but was concerned for the future . There are other lots that have already had problems . Deputy Supervisor Whitcomb asked about the land that was supposed to be the Indian Creek Retirement Community and was this the part that was supposed to be constructed in conjunction with that ? Town Engineer Walker replied right , he then point out the Indian Creek Retirement Community on the map . Councilman Niklas remarked the Indian Creek project is moot right now , is that correct? Town Engineer Walker replied , it ' s for sale . It had preliminary approval and then the developer back out . Deputy Supervisor Whitcomb remarked , there was a rezoning and then site plan approval . Councilman Niklas replied , that is one of the things that Codes and Ordinance :is trying to come to grips with too and that is whether there is a legacy provision for this rezoning . The Town Engineer remarked that if that project were to be developed it definitely would require public sewer because of the density they were talking about . He went on to say that this was a very preliminary evaluation and it was to get us into the ballpark for an estimate of the cost . Basically we have a total of about 1 , 100 feet of sewer and that would come to about a half million dollars in construction cost . Councilman Niklas wondered if the Board shouldn ' t delay further discussion until the remaining and missing three members of the Board are here . It seemed to him that as a feasibility study it was excellent but the Town has to decide if its financial situation permits it to extend the sewer . He stated that he would like to suggest that it be tabled until the full Board could hear it . Deputy Supervisor Whitcomb suggested that further discussion be scheduled for the September meeting , assuming the remainder of the Board will be here . Councilman Niklas added , and let ' s suggested that the Town Engineering staff invest no more time on this until we can get the full response of the Board . Town Board Minutes 16 August 12 , 1991 Town Engineer Walker remarked that he felt that before any further planning of the sewer that the Comprehensive Plan should be completed and incorporated into the results of that . SET DATE MR PUBLIC HEARING TO CONSIDER AMENDING LOCAL LAW # 2 - 1976 AND LOCAL LAW # 16 - 1987 ADOPTING A NEW WATER RATE SCHEDULE Attorney Dubow remarked that Town Attorney Barney had wanted him to suggest that it be worded that the public hearing was for the adoption of a local law establishing a new water rate schedule because , he thought , there have been so many amendments over the years to the existing local law dating back to . 1976 that he may well consider doing it as an entirely new local law . Councilwoman Valentino asked if Bolton Point has a different rate than the Town of Ithaca ? Town Engineer Walker replied that Bolton Point has basically a production rate that they set , that is the cost of producing the water and transporting it to the Town . The Town has the responsibility of distributing the water to the different residents . As part of the Bolton Point rate they include the cost of distribution services that the Town contracts with Bolton Point for , as part of the water service agreement that we have . That rate covers those costs , that ' s the Bolton Point rate . The ten cent difference is our markup along with a Town water surcharge . The water surcharge has been charged since the beginning and that 15% is to cover the expenses of repairing our mains and so on . Bolton Point provides technical services for this but does not provide the construction services . Councilman Niklas remarked , that money goes for capital improvements , essentially . The Town Engineer replied that it basically stays in the water fund account for repairs and maintenance and some capital improvements . The ten cent Town charge is something new this year that we are trying rather than a surcharge we want to set a Town rate to offset the costs of distribution , maintenance and repairs . Councilwoman Valentino asked , the rate for the Town then would include the 15% surcharge? The Town Engineer replied , the 15% surcharge is on top of that . He felt one of the reasons the surcharge was put on was the billing system that has been used in the past , the actual program that computes the bills , it made it difficult to have different rates within the different municipalities . The new system they have now is supposed to allow the municipalities to vary the rates . RESOLUTION NO . 194 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 15 P . M . , on September 9 , 1991 to consider ttie adoption of a local law establishing a new water rate schedule . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none) . SET DATE FOR PUBLIC HEARING TO CONSIDER REVISING THE SCLIWC RULES AND REGULATIONS Town Board Minutes 17 August 12 , 1991 RESOLUTION N0 . 195 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 30 P . M . , on September 9 , 1991 to consider revising the SCLIWC Rules and Regulations . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays _ none ) . CONSIDER C:GARIFYING INTENT OF ENABLING LEGISLATION , CAC , REGARDING ENVIRONMENTAL REVIEW Deputy Supervisor Whitcomb stated that in February 1990 the Board created the CAC by resolution and one of the duties of the CAC was to review development applications and make recommendations to the Town Board . There has been some discussion about exactly what that meant . The CAC set up a committee called the Environmental Review Committee to do this and they have been reviewing each and every application no matter how large or how small , that has come to them . The work has become overwhelming not only for the Environmental Review Committee but also for any staff that is assisting them on that . And so , they were wondering if the Board really wanted them to review two lot subdivisions , if they really wanted then to review things like Noah ' s Boat Yard food truck and things like that which really weren ' t major projects . He stated that he had put together the multiple choice resolution . Councilman Niklas remarked to Deputy Supervisor Whitcomb that he wanted to ask him a question about this , and this too is a little bit of policy that the Town Board should get involved with . COC is drafting a good deal of legislation involving the protection of environmentally sensitive areas , and we have been putting in that , that the Town Planning Board has within its discretionary powers to ask CAC for its advise about certain projects . But we have not made it encumbant upon the Town Planning Board to seek the advise and consent:: of CAC principally because the legal staff has advised COC that essentially the way this municipality is constructed the Town Planning Board has the principal responsibility of doing just that and it would only lead to confusion as to the responsibilities of various Town boards for the various operations of the Town . The real question is . . . . . this resolution is timely but he wondered if one way to get around it is to deal with it in terms of the drafting of the laws that will be caning out of the Comprehensive Planning Document and at that point get into a policy decision as to the actual rolls of the CAC in the consideration of various things that involve planning . Deputy Supervisor Whitcomb responded , unfortunately that doesn ' t give us irtmiediate guidance . He thought that was an excellent suggestion as to how we incorporate the CAC in the planning process in the future . Councilman Niklas remarked that since there were only four members of the Town Board present , he asked the Deputy Supervisor if he would feel comfortable in passing this resolution now or should we wait ? Deputy Supervisor Whitcomb replied that he had the Supervisor ' s input already and he would feel comfortable in passing the resolution „ Councilman Niklas asked for the Supervisor ' s input . Town Board Minutes 18 August 12 , 1991 Deputy Supervisor Whitcomb suggested that the Board move down to the "Wherefore ' s " at the bottom of the resolution . "Therefore , it is resolved that the Town Board ' s intent is that the CAC assist the (Town boards ? ) (planning staff? ) in environmental review of projects , and" . He noted that the Town Supervisor had suggested "Town boards " and he agreed with her . The idea of a Conservation Advisory Council is to have another set of eyes , another set of expertise looking at the same project to advise that board . In their opinion their roll is not to oversee or assist the planning staff unless the planning staff so request it . He asked the Town Planner if he agreed with that? The Town Planner replied , exactly . The Deputy Supervisor continued , "Further requests the CAC to limit its environment review to ( all projects ? ) (major projects involving parcels inventoried on the open Space Inventory? ) (projects as requested by Town boards ? ) ( no projects until the Open Space Inventory has been officially adopted by the Town Board? ) , and " . Councilman Niklas remarked that to be consistent with the first shouldn ' t it be project as requested by Town boards ? Town Planner Forman replied , the problem with that is by the time something gets to the planning . . . . . . . . you want to have their input before it gets to the . . . . . . . . for example , it ' s mainly the Planning Board , before it gets to the Planning Board as opposed to someone saying lets take a vote and see if the ERC is necessary to get involved in this project . By that time the Planning Board is already ready to vote . Deputy Supervisor Whitcomb added , the Planning Board isn ' t really aware of what is coming before it , by enlarge , until it ' s time to vote . Whereas , the development application may cane in weeks or months prior to that . Councilman Niklas replied okay , what is the recommendation amongst all these multiple choice options ? Deputy Supervisor Whitcomb replied , major projects involving parcels inventoried on the Open Space Inventory . Councilman Niklas replied , but again if those things are going to go before the Town Planning Board and the Town Planning Board doesn ' t know about it until it ' s going to vote , isn ' t the situation exactly the same ? The Town Planner replied , the Town Planner knows about it before it ' s . . . . . Councilman Niklas added , doesn ' t the same argument apply to projects as requested by the Town Boards ? Doesn ' t the Town Planner . . . . . . Town Planner Forman replied , if you say to me what ' s in the Open Space Inventory that is a major project he could make those determinations on the other hand he could not speak for the Planning Beard in terms of saying the Planning Board would like you to do this before they have stated what they would like . Councilman Niklas replied , that he guessed then he saw some logical conflict between the first statement " and Therefore be it resolved that the Town Board ' s intent is that the CAC assist the Town Boards " and then we go to the next one and it ' s sort of shifts and says we are now not talking about who it is assisting but who is involving -the CAC in the involvement and he did not see the Town Town Board Minutes 19 August 12 , 1991 Planners name listed in any of the options . It doesn ' t say further requests the CAC to limit it ' s environmental review to major projects vlvolving parcels suggested by the Town Planner . Town Planner Forman replied , or the Chairman of the Planning Board . Deputy Supervisor Whitcanb remarked , this isn ' t meant to be all inclusive . You certainly could add to it . Councilman Niklas remarked that most of the major projects go to public hearing for more than one session . That was an argument given at the last COC by Town Attorney Barney but then if that is the logic the Board wants to pursue then he recatsnended something like , " further requests the CAC to limit its environmental review to project recanmended to it by either the Town Planner or Chairpersons of Town Boards " . Deputy Supervisor Whitcomb remarked that the ERC was under the impression that it had to review every project that came before it , that it didn ' t have any discretion as to what they considered major or minor . The Deputy Supervisor continued , Resolved , that the CAC be afforded ( appropriate ? ) ( limited? ) (no ? ) staff time to ccanplete this task , as determined by ( the Chair of the CAC ? ) ( the Chair of the appropriate board? ) (the Town Planner? ) ( the Almighty? ) " . He stated that he and the Town Planner had talked about this and if the CAC agreed to limit the number of projects that it was reviewing then the Town Planning Department had no problem in allowing sane appropriate staff time in assisting them . Councilman Niklas remarked that he would say " . . . . . . be afforded appropriate staff time to complete this task , as determined by both the Chair of the CAC and the Town Planner " . or you might also have to say the Chairs of the Town Boards requesting such input because they should obviously have sane say and if they feel they are not getting sufficient input they could request saw more staff time be devoted to that as opposed to something else . He went on to say for example , that he was the Chair of the Town Planning Board and he wanted input from CAC . The Chair of CAC and the Town Planner say we have done enough but he as Chair of the Planning Board say no your haven ' t , invest saw more time . The people that are involved are the two chairs . Deputy Supervisor Whitcomb stated that what he invisioned as appropriate staff time was to provide them with the materials they need to review, to explain things they don ' t understand and answer any questions . He did not invision a staff person being there at every one of their meetings and leading them through the review . People on the ERC may disagree with him but that was his opinion . Councilman Niklas remarked that if you don ' t specify who is going to determine what ' s appropriate you essentially leave it to the meeting of the minds . He then asked , legally , which Board has control over staff time ? Attorney Dubow replied that clearly it was the Town Board . Councilman Niklas replied then simply say as determined by the Town Board , Deputy Supervisor Whitcanb asked how much lead time is appropriate for the ERC: to have before the item hits the agenda ? Assistant Planner George Frantz replied that the way he has it set up now , and this was because of the demands of the ERC , that he Town Board Minutes 20 August 12 , 1991 completes lenvironmental reviews before they receive their packets . Of course , they can ' t have both things . They can ' t have us sending out the applications as soon as we receive them because we don ' t have the environmental reviews . The way he had it set up was that the ERC was meeting a week before the Planning Board , they had staffs environmental assessment complete and in their packets in time for that meeting . That gave them time to get written comments to the Planning Board . Deputy Supervisor Whitcomb remarked , again this resolution does not address whether or not the ERC is entitled to staff convents when they do their review . He stated that his personal opinion was that they don ' t. necessary need staff comments , they need to develop their own comments . Councilman Niklas remarked that the way this is written it is not very clear who or what agency is going to provide the appropriate written materials . He stated that he could read this to mean that this is written materials that are provided to the Planning Department from the applicant or that . . . . Deputy Supervisor Whitcomb replied that is correct , the same materials That the Planning staff has . Councilman Niklas replied then he would say that as it is written it is appropriate if , CAC and Planning staff are concurrently doing the review, independent of one another . If that is what CAC is doing then you may as well get the material as soon as the Planning staff gets it . Deputy Supervisor Whitcomb replied that he guessed that was what they were asking . Do you want the CAC to do a concurrent review or do you want . . . . . . Councilman Niklas asked , what does CAC want to do? Deputy Supervisor Whitcomb replied , he preference was concurrent reviews . It was agreed the number of days should be seven days . RESOLUTION N0 . 196 Motion by Deputy Supervisor Whitcomb ; seconded by Councilman Niklas , WHEREAS , the Town of Ithaca Town Board created the Conservation Advisory Council (CAC) by resolution on February 12 , 1990 , and WHEREAS , the CAC was directed to "Review development applications and make recommendations to Town board . . . " , and WHEREAS , the CAC created an Environmental review committee (ERC ) to perform this duty , and WHEREAS , the ERC has been reviewing most projects that have cone before the Town , large and small ,, and WHEREAS , the value of such review in relation to the amount of time spent has cone into question , and WHEREAS , the CAC has requested clarification from the Town Board as to its intent , THEREFORE IT IS RESOLVED , that the Town Board ' s intent is that the CAC assist the Town boards in environmental review of projects , and Town Board. Minutes 21 August 12 , 1991 FURTHER requests the CAC to limit its environmental review to projects recommended to it by either the Town Planner or Chairpersons of Town Boards , and IT IS FURTHER RESOLVED , that the CAC be afforded appropriate staff time to complete this task as determined by the Town Board , and BE IT ALSO RESOLVED , that the CAC be provided with all appropriate written materials for such review as soon as such materials and development applications are received by the Planning Department . The CAC is also requested to complete said review at least seven days before a project is to be considered by a board . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER A LOCAL LAW FOR PARTICIPATING EMPLOYERS WISHING TO ADOPT THE 1991 LOCAL GOVERNMENT RETIREMENT INCENTIVE PROGRAM Proof of posting and publication of a notice of public hearing to consider a local law for participating employers wishing to adopt the 1991 Local Government Retirement Incentive Program having been presented by the Town Clerk , the Deputy Supervisor opened the public hearing . As no one in the public wished to speak , the Deputy Supervisor closed the public hearing . Linda Nobles stated that the New York State Retirement System has made available to its participants an incentive program to encourage persons who are age 55 or older and who are vested , have 10 years service credit , or if they are under 55 and have 30 or more years of service in the plan , encourage them to retire early . Obviously partly because of the State ' s budgetary constraints and that trickles dawn to municipalities as well . In order to adopt that incentive plan the municipalities are required to pass that local law . Councilman Niklas asked , that would be an option? Mrs . Nobles replied , this would be an option . The Town itself actually has only three persons who would be eligible . Bolton Point has a total of four . Councilman Niklas remarked that he would like to move that the Board adopt this local law , particularly since it ' s optional and the individual employees can decide at their discretion whether or not they want to participate in the early retirement program . It seemed to him that they should have the option if they want to and it was his understanding that unless the Board passes this law they currently do not have that option . Mrs . Nobler remarked that the Town had received a comment from the Bolton Point Board from their noon meeting today as to whether they chose to support our passing this local law and they felt they didn ' t have enough information to say yes or no She went on to say that the cost of the program is amortized over a five year period beginning with the 1992 retirement bill . Deputy Supervisor Whitcomb remarked , the idea is that the Town would save more in the long run by having long term employees who work at theoretically higher levels of pay retire and then hire younger people . Town Board Minutes 22 August 12 , 1991 Councilwoman Leary remarked that she just wanted to say that in principal she did not fully agree with the concept of this because she thought it only looks at one side the cost to any employer of their labor force . There is definitely a benefit in encouraging experienced , long term employees to stay and she felt it was rather short sided to say let ' s let go of , quite possibly , some of our best employees . She went on to say that because it was voluntary she would ;probably go along with it . Councilman Niklas replied that he wanted to make it clear that he was not voting to encourage the early retirement of individuals before they choose to retire . He personally would encourage the wisdom of age and experience to stay on board because we desperately need then . LOCAL LAW # 12 - 1991 Motion by Councilman Niklas , seconded by Councilw mean Valentino , LOCAL LAW 4 12 - 1991 A LOCAL LAW ELECTING A RETIREV= INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER. 178 , LAWS OF 1991 OF THE STATE OF NEW YORK FOR THE ELIGIBLE E4PLOYEES OF THE TOWN OF ITHACA 1 . The Town of Ithaca hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 178 of the Laws of 1991 of the State of New York . 2 , The Commencement date of the retirement incentive option shall be October 3 , 1991 . 3 . The open period during which eligible employees may retire and receive the additional retirement benefit shall be 90 days in length . 4 . The Eictuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be funded over a five year period . The amount of the annual payment in each of the five years shall be determined by the Actuary of the New York State and Local Employees ' Retirement System and it shall be paid by the Town of Ithaca for each employee who receives the retirement benefits payable under this local law . 5 . This act shall take effect August 16 , 1991 . The Deputy Supervisor called for a roll call vote . Councilwoman Leary Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Deputy Supervisor Whitcomb Voting Aye Local Law D[o . 12 - 1991 was thereupon declared duly adopted . Town Board Minutes 23 August 12 , 1991 TOWN OF ITHACA VgRRANTS RESOLUTION NO . 197 Motion by Councilwoman Valentino ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated August 12 , 1991 , in the following amounts . General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . . . $ 58 , 885 . 47 General Fund - Outside Village . . . . . . . . . . . . . . . . . . . $ 50 , 354 . 98 Highway Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 661908 . 21 Water & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145 , 955 . 01 Capitol Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 61 , 692 . 90 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 545 . 52 (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none) . BOLTON PODVT VgdRRANTS RESOLUTION N0 . 198 Motion by Councilman Niklas ; seconded by Councilwoman Leary , RESOLVED , that the Bolton Point Warrants dated August 12 , 1991 , in the Operating Account are hereby approved in the amount of $72 , 354 . 07 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . SCLIWC BUD(]ET TRANSFERS RESOLUTION N0 . 199 Motion by Councilman Niklas ; seconded by Councilmen Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the following list of SCLIWC budget transfers : FROM TO AMOUNT Administration . SW8310 . 202 - Equip . /Other SW9040 . 800 - Work . Comp $ 6 , 200 SW8310 . 202 - Equip . /Other SW9055 . 800 - Disab . 11F000 SW8310 . 406 - Consultants SW8310 . 433 - Travel/Sch 41500 Transmission/Distribution : SW8340e222 - Maint . T&V SW8340 . 208 - Clothing 500 Total Transfers $ 12 , 200 (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . PUBLIC HEARING TO CONSIDER ESTABLISHING BURLEIGH DRIVE LIGHTING DISTRICT Proof of posting and publication of a notice of public hearing to consider establishing Burleigh Drive Lighting District having been Town Board Minutes 24 August 12 , 1991 presented by the Town Clerk , the Deputy Supervisor opened the public hearing . James Gossett , 117 Burleigh Drive stated that he had some procedural questions as to exactly what happened . He stated that he was not infavor of the lighting district . He stated that it seems like kind of an unnecessary sort of thing in terms of cost and cost of energy and probably more importantly it seems like kind of an intrusion on his peaceful enjoyment of what might be , in Ithaca , a rare starry night sky . That is his stand essentially but he was kind of interested in what will happen , are you voting on this tonight , what are the procedural aspects ? Deputy Supervisor Whitcomb replied that that was the intent . The Board set the public hearing at the July Town Board meeting and it was advertised as a public hearing and the idea is that after hearing ccmnents from the public the Board will discuss it this evening and vote on it . Mr . Gossett stated that he wondered procedurally if all the affected residents get to vote on it or not? Deputy Supervisor Whitcomb replied no , the Town Board votes on it . He went on to note that the Town Board had received a petition fron the residents of Burleigh Drive . Councilman Niklas remarked that Town Board at the last meeting was given the distinct impression and shown the petition , that the majority , in fact a clear majority of the residents , in this proposed district favored the lighting district . Yours is the only voice that we have heard that voices opposition . Mr . Gossett replied that it could even be that when someone came around with the petition that he may have even signed it . It was certainly without knowledge of the extent of the plan . He stated that he was kind of horrified to see that every other house was getting a .100 watt light infront of it . Councilman Niklas asked Mr . Gossett if he was getting a light . Mr . Gossett replied that he already had one and would love to have the Town take it away . He thought he was away on leave and when he came back he looked out his window and saw the light . He stated that he preferred not to have it look like a landing strip . He was horrified at the extent . Councilman Niklas asked if Mr . Gossett knew if there were any other residents `oho felt the way he did? Mr . Gossett replied that he had not canvassed the neighborhood . Councilman Niklas remarked that generally in this matter he tries to look for the greater good and what the clear majority wants . That is the only gauge that we have for what is good for the community . Mr . Gossett replied that he was opposed but would not be picketing Town Hall or anything but he would prefer . . . . he was afraid perhaps the Board had not heard from anyone else . Deputy Supervisor Whitcomb remarked that Mr . Gossett had signed the petition . Mr . Gossett replied that in the beginning he had said that he may have signed the petition but clearly the extent of the plan was Town Board Minutes 25 August 12 , 1991 never made clear . What kind of publication of the extent of the plan was there prior to this meeting? Councilman. Niklas replied this , this is why we are having a public hearing . Mr . Gossett replied , you kind of carried it through to almost completion . . . . Councilman Niklas replied it a feasibility , it shows what can be done , what is safe to do and how much it will cost . But nothing , as far as he knew, has been ordered , nothing has been bought . Deputy Supervisor Whitcomb replied , that ' s the purpose of the public hearing to gauge the publics reaction to the plan . He asked the Town Engineer if his department had designed the plan . Town Engineer Walker replied that NYSEG has a staff of engineers that design lighting districts . This follows their criteria which is about at 200 ' intervals for lights and these are energy efficient lights , high pressure sodium lights . The intervals were set up by NYSEG and the locations by their design engineers . The intersection lights were put there for safety . NYSEG also reconnended two additional intersection lights at Lexington Drive and Uptown Road . Councilman Niklas asked if there was any way for a happy compromise and still meet safety standards ? If there are , say two people object , is there a way to distribute the lighting in such a way that we minimize the effect on those two lots ? He stated that he knew it couldn ' t be avoided but is there a way of moving them slightly away? Town Engineer Walker replied that there might be such a way . Or perhaps light reflectors could be installed . We can walk the area with NYSEG engineers . Lois Stout , 115 Burleigh Drive stated that she did not sign the petition mainly because we already have the one kiddy-corner and that she was directly opposite the Latter Day Saints Church which has a fair amount of lights around their grounds . Now they are proposing to put one right on our side of the road between our house and the next residence , which is 113 . It ' s just an unnecessary place to put a light . She stated that she agreed that the upper area of Burleigh where it meets Uptown Road is dark because there are a lot of large trees . But , she stated , she feels that if people want more lighting they can put lights on their own property . She stated that when they came with the petition she announced that they were well lighted and did not need more lights . She felt they were over doing it . Deputy Supervisor Whitcomb asked if the Town was obliged to follow the NYSEG plan or could the Town alter it? Town Engineer Walker replied that he would have to check with NYSEG to see if it could be altered . Karttu Bollinger , 140 Burleigh Drive stated that she was the person who circulated the petition and that she lived on the part of Burleigh Drive that is very dark . At the time , all of her neighbors except Dr . Harris , who did not want a light shining in his window , where interested in having the lights . The people across from Dr . Harris were extremely anxious to have the lighting. and someone down the street , she did not remember who , was also anxious to have the lighting . People seemed to be so anxious , they asked her all winter when were they going to get the lights . She Town Board Minutes 26 August 12 , 1991 mentioned that three houses on her side of the street have been broken `in.to . She went on to say that out of about thirty signatures there were only three people who did not want the lights . Rosaland Slimson , 126 Burleigh Drive stated that she just wanted to ask , if the Board tables this how long will it take ? She stated that she was strongly in favor of having the lights and even though there is a street light at the intersection , two lots from her house , they get no light from it . You may look at it and say well every other house on paper looks like a lot of lights , but with the big -lots and •lots of trees it is not a lot of light . Her concern was that she wouldn ' t want it put on the shelf and have it put off for quite a while because the main motivation is that there were a whole series of burglaries in the neighborhood . At a neighborhood watch meeting people starting about how dark the neighborhood was . People did agree that they should put on their lights but one thing that seems to happen is that there are a lot of people moving in and out of the neighborhood and so a lot of those that agreed to put on their lights have moved . Deputy Supervisor Whitcomb remarked , if we said go tonight when would the :Lights be installed? Town Engineer Walker replied it probably would be two months . NYSEG does all the installation and all the maintenance on the units . Town Attorney Dubow reminded the Board that there was also a 30 waiting period during which a permissive referendum is permitted . So the effective date of the resolution does not occur until 30 days after the adoption . Phil Harris , 144 Burleigh Drive remarked that Mr . Bollinger had brought up his name as one who did not sign . one of the nice things about Burleigh Drive at our end of the road is that it is quite and it is secluded and it didn ' t have any lights and that was one of the reasons that they moved into the neighborhood a couple of years ago . He stated that he liked that idea . The way the lights are being proposed , the light will be glaring into his childrens bedrooms and that did not appeal to him . It has been like this for 20 years and all of a sudden , the past year there have been some concerns with robberies . He asked if there was any statistics on the difference in robberies on one end of the street versus the other where the lights have been . He asked if that had been looked at? Also it kind of bothers him that some of the people who are concerned about having these lights put up , he drives by many times late at night and there is no effort by these people to turn their own house lights on to protect their own properties . He felt this was something that could be done now and it is not being done . As no one else wished to speak , the Deputy Supervisor closed the public hearing . Councilwoman Valentino commented that she had seen some of NYSEG ' s lighting districts and she felt some of them were pretty excessive . Also she felt that if the major concern was worrying about thefts then shields is not what those people want , what they are saying is they want a lot of light on their yard they just want streets lights they want their yards lit . She stated that she was not sure she was convinced that street lights were the best answer to that and she was concerned about that . Deputy Supervisor Whitcomb remarked that he felt a redesign was in order and asked Councilman Niklas what he thought . Town Board, Minutes 27 August 12 , 1991 Councilman Niklas replied that this was one of those situations where- t1fe Town Board is faced with voting on an issue that not everyone agrees on . The real decision that has to be made by Town Board members is what represents the greatest good for the local community . We have a petition in which 28 or 27 people signed to do it and three people have objected to doing it . That is clearly in the minority but the one way to reconcile this is to try and adjust what lighting is put in this district to try and accommodate individual homeowners who object to it . He stated that if people do not want lighting in front of their homes the Board should try and do their best to keep new lighting as far as possible away from them . Councilman Niklas stated that his vote would be to ask the staff to have NYSEG redesign the placement of the lights and to specify the placing of lighting shields in front of the three people who object and to see if we can avoid putting lights near their property . RESOLUTION N09 200 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a public hearing at 7 : 45 P . M . , on September 9 , 1991 to consider establishing a Burleigh Drive Lighting District . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . PERSONS TO BE HEARD Salvator Grippi stated that he owned the property across from the Professional Building , on the corner of Hayts Road and Route 96 , and that the property has been bypassed several times and he wanted to make sw=e that this time the sewer extension would include his property . Town Engineer Walker replied that the drawings do show the sewer going past Mr . Grippi ' s property on his side of the road . EMPLOYMENT OF CIVITAS STUDENT AIDE RESOLUTION N0 . 201 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the hiring of up to two ( 2 ) Student Planning Aides through the Cornell University CIVITAS program , for a term from August 29 , 1991 through May 22 , 1992 , for a total of 520 hours , and FURTHER BE IT RESOLVED , that the maximum rate of pay to be $6 . 15 per hour , of which the Town would be responsible for $ . 31 to be paid out of the Planning Department Account B8020 . 106 . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . TOWN HALL PAINTING IMPROVEMENTS RESOLUTION N0 . 202 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , WHEREAS , the exterior trim on Town Hall is peeling and exposing the wood to the weather , and Town Board Minutes 28 August 12 , 1991 WHEREAS , letters requesting proposals were sent to a list of suggested contractors along with contractors who had previously expressed an interest , and WHEREAS , only two contractors submitted proposals in writing , and WHEREAS , Moseley Construction submitted the lowest bid in the amount of $ 5 , 500 . 00 , NOW THERE] ORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the hiring of Moseley Construction , 361 Snyder Hi ' Road , Ithaca , New York , to scrape , prime and paint the r trim on boie exterior of the Town Hall , such capital project to be at a cost not to exceed $6 , 000 . 00 (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none ) . APPOINZMMIT TO INTFRMUNICIPAL YOUTH COMMISSION RESOLUTION NO . 203 Motion by Councilwoman Valentino ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca appoints M . Gale Smith , 930 Coddington Road , Robert Yavits , 611 Winston Court ; and Edward W . McLaughlin , 1342 Slaterville Road as Town of Ithaca representatives to the Intermunicipal Youth Commission , and FURTHER RESOLVED , that Marc Kaplan , 207 The Parkway be appointed to represent the Village of Cayuga Heights area . (Whitcomb , Leary , Valentino and Niklas voting Aye . Nays - none) . ADJOURN ENT The meeting was duly adjourned . Town Clerk