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HomeMy WebLinkAboutTB Minutes 1994-06-13 OF 1p TOWN OF ITHACA - ,�,� Z' 04�- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 � Y TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 Town Board Meeting June 13 , 1994 5 : 30 p . m . AGENDA 1 . Call to Order 2 . Pledge of Allegiance 3 . Report of Town Officials a . Town Supervisor b . Town Engineer c . Town Planner d . Town Building Inspector / Zoning Officer e . Town Clerk / Receiver of Taxes f . Assistant Budget Officer g . Personnel Manager h . Attorney for the Town i . Highway Superintendent 4 . Review of Correspondence a . Donald Lifton , 31 Chase Lane b . American Community Cablevision c . James C . Rogan d . James Seward , State Senator e . Citizens Savings Bank f . Stuart Grinnell , Board of Fire Commissioners g . Hospicare h . Benjamin Nichols , Mayor City of Ithaca 5 . Report of Town Committees : a . COC , Public Hearing - Local Law Elder Cottages , 6 . Report of Tompkins County Board of Representatives . 7 . 6 : 15 p . m . - PERSONS TO BE HEARD 8 . 6 : 30 p . m . - Presentation by Jack Little and Dennis Jones of Ciaschi , Dietershagen , Little , Mickelson ; Independent Auditor ' s , 9 . 7 : 30 p . m . - Consider extension of water to Coddington Road , Troy Road , and Updike Road including Town Engineer ' s feasibility study , plan , and map . TB Mtg . Agenda 6 / 13 / 94 Page 2 . 10 . Consider setting Public Hearing to deliberate the extension of water to Coddington Road , Troy Road , and Updike Road . 119 7 : 45 p . m . - Consider extension of sewer to West Haven Road including Town Engineer ' s feasibility study , plan , and map . 12 . Consider setting Public Hearing to deliberate the extension of sewer to West Haven Road , 13 . Consider resolution approving and / or authorizing the following : a . Town Board Minutes - May 9 , 1994 b . Monthly Financial Report - May 1994 c . TOWN OF ITHACA WARRANTS d . BOLTON POINT WARRANTS e . Review of Investment Policy f . Budget Amendments g . Records Management Disposition Listing h . Approval of Senior Account Clerk / Typist salary range and job description . i . Approval of amended Account Clerk / Typist job description . j . Approval of Highway Mechanic job description . 14 . Consider revised Ethics Disclosure Statements , 15 . Consider progression of fire contract negotiations . 16 . Consider SJS Committee report regarding contract negotiations . 17 . Consider Town Hall compliance with Americans With Disabilities Act , 18 . Consider setting Public Hearing to deliberate enacting a " LOCAL LAW AMENDING LOCAL LAW NO , 12 OF THE YEAR 1992 RELATING TO FEES CHARGED FOR CERTAIN LICENSES AND OTHER ACTIVITIES " . 19 . Consider regular appointment and salary increase for Fred Noteboom , Highway Superintendent , 20 . Consider agreement with Tompkins County for trading of equipment and services by the Highway Department , 21 . Consider awarding bid for purchase of backhoe for Highway Department , 22 . Consider Cornell University , Town of Dryden and Town of Ithaca Agreement relating to the Route 366 water main . 23 . Brief discussion regarding Cornell Special Land Use District ( SLUD ) process . TB Mtg , Agenda 6 / 13 / 94 Page 3 . 24 . Consider City of Ithaca ' s proposal to obtain land through eminent domain at Six Mile Creek , 25 . Consider EXECUTIVE SESSION . 26 , Consider ADJOURNMENT . ADDITIONAL 1 . Consider approval of attendance at seminar by Administrative . Secretary . 2 . Consider an agreement and approval of payment for Records Management consulting services with Dr . Suzanne Etherington , Certified Archivist . 3 . Consider appointment of Councilwoman Ellen Z . Harrison as the Town ' s representative on the City / Town Route 13 Design Task Force . 4 . Consider appointment of Councilwoman Grigorov as the Town ' s representative on the Post Office Advisory Council . TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) ( SEE ATTACHED ) Location of sign board used for posting : Town Clerk ' s Office 126 East Seneca Street Ithaca , NY 14850 Date of Posting : April 26 , 1994 Date of Publication : April 28 , 1994 Town lerk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : TOWN. OF ITHACA ) / Sworn to and subscribed before me this - day of 9 � BETTY F. POOLE NOTARY . PUBLIC N ry bMail), STATE OF NEW YORK # 4646 427 4Ty OF I T �s ° TOWN OF ITHACA 21 ¢� 126 EAST SENECA STREET , ITHACA , N . Y . 14850 �j o TOWN CLERK 273- 1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 TOWN OF ITHACA PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN , that the Town Board of the Town of Ithaca will hold a Public Hearing , May 9 , 1994 at 7 : 00 p . m . , 126 East Seneca Street , Ithaca , New York in order to consider a " LOCAL LAW AUTHORIZING THE PAYMENT OF RELOCATION EXPENSES FOR NEW TOWN EMPLOYEES " ; and PLEASE TAKE FURTHER NOTICE , at the aforementioned time and place all interested citizens will be afforded the opportunity to voice their approval or opposition of the said Local Law . Joan Lent Noteboom Town Clerk April 26 , 1994 TOWNrOF TRHIAY, AI ;F1PUBCC HE fi ky NC�A3 NO TICE NOTICE;,; I EREB}Y (oflthe o;Ai6'6ftl ha aWw11F I 1(cQPubhc"`Hecnn- ,. tt 1994 at*7,:00 P` ;Y26 EaO - Seneco'#Sheet, Ithaca;, Newt, York in�ocder3to ,co`naider' u �s[O,CAL?�LAW,c� AOTfiORIZ�� INGTHE ¢PAYMENTsTOF .RE' LOCATIONf EXPENSES ;FOR; NEW 'TOWNyEMf IO,YEES°c %4 FURTHERINa� 110E11, et 1 G..aforementioned: � time�and placeTall�interested� ' cihzens�wi llube,�afforded�ifie' opportu nity;to�voiceptfiei rtbk, t !oval46rio"ppo�sihonSof the ;OIdyLOCOI, LOMy�,,� E 7 t c 1 alsloai%lent N etboom Town Clerktb � ':I A'pnl'28—t- t 4 X et ieY TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom being duly sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York ; that the ' following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( Ithaca Journal ) ( See Attached ) Location of sign board used for posting : Town, .Qezk ' s . Office 1.26 East Seneca St . Itha..ca , N:y 114850 Date of Posting : April 27 , 1994 Date of Publication : April 29 , 1: 994 - Town ler_ k , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOMPKIN_S ) SS : TOWN OF ITHACA ) orn to and subscribed before me this .417 day of BETTY F. POOLE NOTARY PUBLIC STATE OF NEW YORK Nota y„P li 4 4646 427 t/�/� NOTICE OF PUBLIC HEARING J NOTICE IS HEREBY GIVEN that a public hearing will be held before the Town Board of the Town of Ithaca at 126 East Seneca Street, Ithaca , New York , on the 9th day of May , 1994 at 7 : 30 p . m . to consider the proposed abandonment by the Town of Ithaca of the unopened portion of Orchard Street , and the transfer of any rights the Town has in said road to the adjoining landowners , Randy O . Wayne on the west , and the Estate of Joseph Gargiulo on the east , in exchange for the granting to the Town by said persons of an easement to maintain the current drainage swale on such land . At such time and place all persons interested in the subject matter thereof will be heard concerning the same. Dated : April 28 , 1994 Joan Vent Noteboom , Town Clerk , Town of Ithaca NOLT�ICE„ OFm�P�UBLIC,� a fx HEARING, { y b FN OT.I C Er1 ia,5 , 'H E R!E BY GIVEN that pubhc'Lheanng twill be iheld: before th e4Tow" n'. flt c �Bocrdb`oftheTown� ohaa at 2n lEast Se'necd,,Stteet;r, �Ithcca 1New�York odtli6%9 }day�of�'May;,' ,19�4t;at �7 30 t �p,m Ito yconsider }tfie gpro;. .41 ppo`"sed abdndonment fay ithM t7own`rof Ithacrth"e funo ned onion"",of O'rchardi • �Street Tan"dpthe transferof any n ' hts` thelLTown has; in sa,d sr ogadtfto` tliead oymng"`,Idnd rownersRand Wgyrie on • th'e;,west; qn�the{tlEstate� of JosephiGorgiulo onihexeasf„ T6xchangetfor the �rantmg tosthe ITown bya saidpersons offan easement4ro maintain'CA ton'sucr 'Idnd aAt s ch ti randy.ploceLalE+ persorisrmtec �'estedr,�m !the subiect},�matter thereof+will �beshedrdr con cernin thes�ame e ' Z_; � Noteboom� . �:Town�Cle�k; +Town of4lthaca Apnl299r1'994 Town of Ithaca Town Board Meeting Minutes June 13 , 1994 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 G . Whitcomb , Supervisor ; Karl Niklas , Councilman ; Catherine Valentino , Councilwoman ; David Klein , Councilman ; Carolyn Grigorov , Councilwoman ; Ellen Z . Harrison , Councilwoman ; Edward Conley , Councilman . ALSO PRESENT : John Barney , Attorney for the Town ; Joan Lent Noteboom , Town Clerk / Receiver of Taxes ; Daniel Walker , Town Engineer ; Fred Noteboom , Highway Superintendent ; Jonathan Kanter , Town Planner ; Andrew Frost , Building / Zoning Officer ; Sally Alario , Assistant Budget Officer ; George Frantz , Assistant Town Planner ; Louise Raimondo , Planner I . Chuck Miller , S . C . Hansen ; Mary Cronk , Deputy Town Clerk ; Bill Farrell ; Jack Little , Dennis Jones , Ciaschi Dietershagen Little Mickelson , CPA ' s ; Anne Morrissette , Louise Mudrak , Pat Benjamin , Coddington Road Community Center ; Noel Desch ; John McRae ; Bryan Marier ; Bruce Brittain ; Lew Roscoe , Cornell University ; John Schroeder , City of Ithaca Alderperson . EXCUSED * Patricia Punger , Personnel Manager Call to Order : The Supervisor called the meeting to order at 5 : 35 p . m . , and led the assemblage in the Pledge of Allegiance . Agenda Item No . 3 - Report of Town Officials : a . Town Supervisor : Supervisor Whitcomb reviewed his written report , ( see attached ) . b . Town Engineer : Mr . Walker presented his written report , ( see attached ) . The Town is still waiting to hear from the Department of Historic Preservation regarding the Forest Home Bridge . The report was submitted in March . The design for the bridge will be completed after hearing from the department . c . Town Planner : Supervisor Whitcomb welcomed Mr . Kanter , and introduced him to the members . Mr . Kanter presented his written report to the Board , ( see attached ) . d . Building Inspector / Zoning Officer : Mr . Frost reviewed his written report , ( see attached ) . Councilwoman Valentino asked if Kohler Machine is presently located in the Town ? TB Minutes 6 / 13 94 Pg . 2 Mr . Frost said that the proposed location would be a satellite office of their main building on Trumansburg Road . Their main office is in the City of Ithaca . Mr . Kanter mentioned visual aids are available in the Town Hall for people to review how the Ithacare structure would affect the scenic views . Supervisor Whitcomb asked if the building renovations at the Ithaca College dormitories included sprinklers ? Mr . Frost responded , yes . e . Town Clerk / Receiver of Taxes : Mrs . Noteboom asked for questions regarding her written report , ( see attached ) . The Board had no questions at this time . Councilman Conley asked about the status of the cat licensing proposal ? Mrs . Noteboom said the SPCA is the agency who is pushing for it the hardest . The County would like something to be done to offset the deficit of $ 21 , 000 for cat care . The Cat Licensing Task Force did not seem to feel the County Board would approve for the legislation . Mrs . Noteboom felt the SPCA will present the draft legislation to the County Board and ask for adoption , but they would probably not approve it . Supervisor Whitcomb mentioned that the Town Clerk is concerned with many relationships between the Town and County and is in the process of setting up a meeting with our County Representatives to discuss them . Councilwoman Grigorov said it is interesting that no public entity in the State has a cat licensing system . Councilwoman Valentino said there are municipalities around the United States which do , the Town Board should stay open minded about the cat licensing because the rabies epidemic is getting much worse . Mrs . Noteboom said the rabies epidemic is a major concern , but maybe an enumeration can be done to count cats and check for vaccinations . All the revenue numbers used in support of the cat licensing legislation are speculation because the number of cats in the County are not known . Councilman Niklas said the issues of bringing in revenues and controlling rabies are two separate issues , i i TB Minutes 6 / 13 / 94 Pg . 3 Supervisor Whitcomb stated the Town Clerk has made an excellent suggestion to set up a subcommittee of the Board to meet with the SPCA ahead of their annual budget request to determine exactly what their needs are . f . Assistant Budget Officer : Ms . Alario reviewed her report and mentioned she included a budget timetable , ( see attached ) . g . Personnel Manager : No report . h . Attorney for the Town : Mr . Barney had nothing to report . i . Highway Superintendent : Mr . Noteboom asked for any questions on his written report , ( see attached ) . Supervisor Whitcomb asked if the renovation of the Pine Tree Road Trail was in the work plan for this summer ? Mr . Noteboom said the base was put in last year when the County did the road , and the trail will be completed this summer , probably in July . Councilman Klein said the parks report noted the staff is doing restoration for water and sewer projects , and asked if these were back charge items to the contractor . Mr . Walker said they are back charges to the Capital Projects Fund . Most of the restoration work is additional work not included in the original contract . There is some compensatory work being done where easements were obtained . The contractor is doing restoration on his work areas including modifying the entrance to the pump station . Restoration for emergency water main repairs in various locations is also being completed . Supervisor Whitcomb asked when the new road which connects Eastern Heights with Route 79 will open , Park Lane Extension ? Attorney Barney said he has not had a chance to review the paperwork with the Quick ' s attorney , but will complete it as soon as possible . Councilman Niklas told staff that the Board has been trying to find ways of streamlining the meetings and one of the mechanisms to do so is to receive Department Head ' s reports in the mail outs . The Town Board reads them very carefully , they are meaningful and very well prepared . Even if the Town Board does not take a great deal of time reviewing them at the meeting the fact they are received ahead of time is very useful . TB Minutes 6 / 13 / 94 Pg . 4 Agenda Item No . 4 - Review of Correspondence : a . Donald Lifton - Commending the Highway Superintendent for the work done on his driveway entrance repair . b . American Community Cablevision - Rate structure . c . James C . Rogan - Notification of liquor license applications . d . James Seward , State Senator - Responding to letter asking for special legislation to deal with Hospicare . e . Citizens Savings Bank - Community group concerned that new bank taking over Citizens be required to provide some of the same community services . The Supervisor wrote a letter in support of those suggestions . f . Stuart Grinnell , Fire Commissioner - Resignation due to relocation of residence . Anyone knowing someone who would wish to serve from the West Hill contact the Town Clerk . g . Hospicare - Received approval from the State Board of Review and intends to build its facility this summer , and thanked the Town Board for supporting them . h . Benjamin Nichols , Mayor City of Ithaca - Restating what the DOT Director has offered the City regarding Route 13 . There will be a City / Town Task Force to deal with those design issues . Request for Town of Ithaca representative on the Task Force , Agenda Item No . 3 Additional - Appointment City / Town Route 13 Design Task Force : Motion made by Supervisor Whitcomb , seconded by Councilman Niklas appointing Councilwoman Harrison to serve as the Town of Ithaca representative on the City / Town Route 13 Design Task Force . Term of appointment shall be immediate and shall remain in effect until the Task Force is disbanded . Carried unanimously . Agenda Item No . 5 - Report of Town Committees Councilwoman Harrison reported the Route 13 design seems to be coming to a reasonable conclusion . Councilman Klein reported the Public Works Committee will now be having minutes of their meetings . Architects will be interviewed on Wednesday for the Town Hall space needs . i TB Minutes 6 / 13 / 94 Pg . 5 a . Elder Cottages - Councilman Niklas stated the Elder Cottage legislation is one of the most significant pieces of legislation the Town has considered in a long time . Councilman Niklas thanked the COC , staff , and the Attorney for the Town for their excellent work on this legislation . Councilman Niklas said that for a long time the Town has recognized the need for affordable housing , including the need for having children having proximity to their parents and grandparents . The legislation if enacted would permit in residential districts the erection of a temporary dwelling unit for a parent or grandparent to provide housing in immediate proximity of the family . There is a delicate situation because the Town is a college town the dwelling facilities have to be used for the designated individual , they cannot be made into rentals . They also must be safe and large enough to house the elderly . The COC charged the Attorney to draft legislation , before the draft was created models of like legislation were reviewed from other municipalities . The COC also had the advantage of meeting with Dr . Bullock of Cornell University who has researched housing for the elderly . A resident of the Town whose parent wishes this type of housing also made suggestions to the COC . A developer who wished to build this type of dwelling was spoken to . These dwellings units would be temporary , but care must be taken as to what is meant by temporary . The age of the occupant is officially 55 years old or over . An average life expectancy of 75 years means a facility which could exist for twenty years . Temporary does not mean something which would last only a few years . In this case it is something that would be reviewed on a yearly basis , the Zoning Officer would make sure they were occupied by the intended person . The variance is the first stage . The applicant goes before the ZBA to request permission for installation . It is reviewed on an annual basis to make sure all the requirements have been met . There are specific areas regarding the demise of the elderly individual . The Town would have the option at that time if the dwelling were not removed in a timely fashion to have it done and charge the costs back to the property owner . Councilwoman Harrison asked if on page 5 , suppose a father and stepmother occupied the residence and the father died , would the , stepmother be able to continue to occupy the dwelling ? Tb Minutes 6 / 13 / 94 Pg . 6 Councilman Niklas said a stepmother would not be covered under this legislation . All provisions within the legislation except for the amount of time given for the dwelling to be removed after a death are open to a variance . Example ; if the stepmother is not immediately covered by this ordinance a variance could be requested from the ZBA permitting the continued occupancy of the stepmother . The reason why it was restricted to parents and grandparents is if you have an extensive family , such as uncles and aunts who are over 55 this temporary residence could be occupied with a large number of people . It was recognized that maybe a Great Aunt raised an individual and is effectively the persons " mother " , the variance process would allow for that usage . The rationale was because this is the first time the Town of Ithaca has done something like this , the conservative approach should be taken . Councilwoman Harrison said maybe language could be included in the legislation saying if the individual has a surviving spouse who has been living with them in the elder cottage they may remain . Councilman Niklas said that would make it more restrictive than was intended . Everything is available through a variance . It gives the applicant the opportunity to judge for themselves . Councilwoman Grigorov asked if the legislation would allow for a handicapped adult child ? Councilman Niklas said that the variance procedure could also be used in that instance . Automatically when other possibilities are thought of the committee asked if the other instances were really what was intended . Councilwoman Valentino said there is not always a lot of time to deal with the elderly problems . It was decided to be conservative in order to have legislation adopted expeditiously to at least serve some . As it develops , it is hoped to expand the legislation . Councilman Klein said the COC also discussed that in the Town presently you can have two family houses in every zoning , that affords a great deal of flexibility for those who need housing for a handicap person or some other relative . TB Minutes 6 / 13 / 94 Pg . 7 Motion made by Councilman Niklas , seconded by Councilwoman Valentino authorizing the Town Clerk to advertise for a Public Hearing to be held at the next regular meeting of the Town Board on July 11 , 1994 at 6 : 30 p . m , in order that the Town Board may consider a " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT ERECTION OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " , and it is requested that the Planning Board and Zoning Board of Appeals review this local law and make recommendations to the Town Board . Carried unanimously . Supervisor Whitcomb asked if there was a discussion by the COC of the time limit for the removal of the dwelling upon the demise of the occupant ? Councilman Niklas said there is a compromise as to how much time is permitted for the removal . There would have to be enough time for the variance procedure if there were a person who wished to remain in the dwelling , and the owner may be a profit or not for profit agency that would want to have the opportunity to relocate the facility . Weather may also be a consideration . The COC tried to choose reasonable periods of time . Supervisor Whitcomb said he worries about the ability to market the structure in such a short period of time . It is a specialized market . Councilman Niklas said the preliminary information says there is actually a very good demand for this type of structure and there would be profit incentive to relocate as soon as possible . If the time frames do not work , the ordinance could be changed . Councilman Klein asked if the not for profit group could take them back and store them ? Councilwoman Valentino said the unit could be moved from one location to another and stored , which is one of the things to control costs . Supervisor Whitcomb said the special approval process was changed to include the Planning Board . Councilman Niklas said that in many parts of the Zoning Ordinance some processes require review by the Planning Board and then the ZBA . In this case the COC was impressed by the need to get these done quickly . Dealing with the elderly there is sometimes a need for urgency . Rather than put obstacles in the way of the process the COC felt one board would be appropriate . The planning issues are addressed by the Zoning Ordinance which specify minimum / maximum j size , and set backs . It may be decided as the legislation is used that the Planning Board would be the lead agency , time will be the indicator . I TB Minutes 6 / 13 / 94 Pg . 8 The Attorney indicated that if the temporary dwelling unit were put in an area where there are underground utilities they also would be put underground . Motion to set the public hearing carried unanimously . Councilwoman Valentino said the task force for the Youth Bureau to develop a new model of recreational opportunities . The task force is close to developing a pilot program which would include all the children in the Ithaca School District . The program would remove the municipal boundaries where children would go to attend youth programs . This would allow children to attend more functions closer to their homes , and children who live on borders of other towns could participate in the others program . In the model , the City ' s and Town ' s costs for the programs would stay at the present level because they are the two major contributors . The other municipalities who have not participated would have a cost formula based upon participation . In order to get the communities who have not participated in the past to agree to the pilot program would be to ask the County to donate a 50 % subsidy to the outlying communities . The County and the school district have considered contributing . The question is that is not really fair to the City and the Town . Councilwoman Valentino asked the Board how they felt about a pilot program which would allow this ? Councilman Niklas asked what the probable costs of these subsidy ' s would be ? Councilwoman Valentino said the total subsidy would probably not be over $ 30 , 000 . The other municipalities would not be contributing in a large way . The school district has said they are interested in helping . The Town ' s participation would stay the same . The Town would not get a subsidy , the outlining communities who have not participated in the past would receive them to encourage their joining the program . This would be a temporary situation to see how the program would work , two years . Councilwoman Harrison said the goal would be that after two years the outlying municipalities would become part of the program and contribute funds to it . Councilwoman Valentino said one of the problems is a resentment against the City because they owned the program and dictated what happened . When the City found it was costing a great deal of money and they had children coming in from other areas they came up with this plan to have other municipalities contribute . TB Minutes 6 / 13 / 94 Pg . 9 The only real buyer is the Town of Ithaca , we totally rely on the City for our recreation programs . The other municipalities say that the children do not need the programs , however the children were participating . The City then said they needed money , they initiated triple fees for children beyond the Town of Ithaca and created a great deal of resentment . If this pilot program succeeds children will participate from other municipalities , that is important . Studies have shown the capacity to expand the programs they already have without large additional costs . It would mean there would be more opportunities . Children who need the activities the most , young adolescents ( 13 , 14 ) have no programs in this community . We are facing increased drug problems , there are kids who cannot participate because it is in a different municipality . Councilman Niklas felt the program was very good and the Town would have nothing to lose . Councilwoman Harrison said the Town could lose its share of the $ 30 , 000 in the County budget . Councilman Niklas said that would depend on if the County were going to direct those funds to the Town , it is also State money . It sounds like a noble experiment for two years , and it may get more municipalities involved . It may be a way of expanding the program at a minimum cost . Councilwoman Valentino said the task force is hoping the program will allow for putting aside hard feelings and concentrating on the good of the programs . Some grant monies may be available for youth from the State as they sometimes fund short term projects more readily . Councilwoman Valentino said it is exciting that the school districts are willing to help by providing the facilities , we can provide the programs . This would be a cooperative effort . The Town Board took a straw vote and unanimously agreed the Town should participate in this pilot program for two years . Agenda Item No . 7 - Persons To Be Heard : Mr . Bill Farrell addressed the Board and stated in 1990 a petition was drawn to extend sewer on the lower end of Coddington Road . It is now understood that a water extension will be done in that location . At the time water was extended at his location the residents were told in a few years the sewer will follow . Mr . Farrell asked when sewer would be extended to that location ? TB Minutes 6 / 13 / 94 Pg , 10 Supervisor Whitcomb said in 1990 when the Town Board was approached about the extension of sewer , the Town was in the process of the 1989 water and sewer project in the Inlet Valley Area and the Comprehensive Planning process . It was decided to postpone any decisions on any major water and sewer projects until after the Comprehensive Plan was completed and a Capital Improvement Plan was drafted to phase the projects in over a period of time . The Inlet Valley Project is completed and the Town Engineer presented a Capital Improvements Project Plan to the Board last December which attempted to make priorities of the various requests for water and sewer . Listed were three priorities . One which was immediate ( within the next couple of years ) , two ( mid- term three to five years ) , and third ( long term unknown for completion ) . The Coddington Road sewer project was a priority two in that plan . Meaning that it would be completed in the next few years , but it was not a first priority . First priorities would be infill projects and major repairs . The Coddington Road sewer has not been forgotten . The residents up to the Community Center have requested water because they do not have adequate water . The Board has not yet made a decision as to whether to extend water to them , a public hearing will probably be set this evening for next month to make that decision . Mr . Farrell said in 1990 he circulated two petitions , one for water and one for sewer . Water from Burns Road to the Community Center , and for sewer from where it left off at Bodine ' s out to Burns Road . Supervisor Whitcomb said in the near future the Town hopes to improve on the Capital Improvement Plan and put monetary amounts and time limits on the projects when it is decided how the Town can make the investments without unduly raising the user fees . The Town does have the letter from the Tompkins County Department of Health regarding the sewer issue on Coddington Road . It is assumed if there were sewer systems failing in 1990 , they would be failing now . It is a concern because of the Six Mile Creek Watershed . Supervisor Whitcomb told Mr . Farrell he would keep him better informed than he had been in the past . Agenda Item No . 8 - Presentation Ciaschi Dietershagen , Little Mickelson ; Independent Auditor ' s : Mr , Jack Little and Mr . Dennis Jones addressed the Board . Mr . Little stated their firm has prepared audits for the Town for last decade . The Town has a ood g financial reporting � p tang ,_ ystem and has a history of positive changes over the years as recommendations have been made . The Town has kept in stride with the changes in municipal accounting . TB Minutes 6 / 13 / 94 Pg . 11 One problem is the Town has never really had a good mechanism of projecting where the Town was or where it wanted to go financially . It was projected the short term , one year at a time . The fund balances have been significant . The Town has been very prudent in how funds are used . Reserves have been created and projects have been funded . In general the Town has done well . The Supervisor asked for examples of other plans to be presented as possible guides for the Town , ( see attached ) . A long range plan would state how resources would be used , what is going to happen over the next few years . This would become the base model . You project where to go based on what is thought to happen . Where will revenues come from , what will happen to the assessment base , etc ? What will happen to the tax rate , how will fixed assets be committed ? What are the projects that need to be done ? The idea is to take the information from all these projections and develop a long range forecast . The sample Capital Budgeting Impact Study would be the second step . That report would be very specific after the Town understood where they were going . This report may tell exactly how much certain projects or purchases would raise the taxes . This report would address very specific questions . Mr . Little said these two reports would help the Town make their decisions not just based on the present year ' s budget . This type of report would enable the Town to determine how specific things would effect the Town over a certain period of time . Mr . Little is proposing the Town enter into a plan to look into the future . It can be done very formally or very informally , or in between . Most ways would have a bound written projection of where the Town will be in the next few years . It will be very important to receive input from all the Department Heads and the Town Board , Supervisor Whitcomb asked how this would differ from what the Town has done in the past ? Example ; the engineering study for the 1989 water and sewer improvements showed a fiscal study which projected that water rates and benefit rates would have to increase . These projections were fairly accurate . Mr . Little said there is nothing wrong with projections of that nature , it is only for each project . From that you could not say what the full impact to the Town would be . All information would have to be taken and integrated into one report . ' TB Minutes 6 / 13 / 94 Pg . 12 Councilman Niklas said the Town is presently in the process of implementing the Comprehensive Plan . It would be nice to see some of the " dust settle " until the Town Board has a sense of where we are going in regard to the Comprehensive Plan . Mr . Little said his only objection to the Comprehensive Plan is that it lacked any financial elements . It would have been nice for it to show some projections of impacts the plan would have by its adoption . The Town is in a good strong financial position so it would not be a problem to be considering these things now . Mechanisms such as working with the Assistant Budget Officer to show how it could be put together , working with a budget of more than one year and mid year calculations of fund balance could be done while the Town is deciding how the Comprehensive Plan fits . Mr . Kanter asked if the Town looked at the Comprehensive Plan with certain priorities what kind of ways could it be addressed in an immediate way ? Mr . Little said the items which are classified as the most important thing could be cost quantified to determine how would they be funded . Determine what the outflow of cash would be for those projects in the years they would be accomplished . Supervisor whitcomb said that is the direction he would like guidance in . He would like to see multi year budgeting in both current and capital funding . Particularly to capital funding as it relates to water and sewer extensions , etc . Taxpayers like stability , the 25 % increase in water and sewer benefit fees as a result of Inlet Valley was something that should not have happened that way . It should have been planned to move in that direction in a gradual way . It would be good to accurately determine fund balances while the Town is thinking about the new budget season to build some money into the next year ' s budget for major financial planning . Start on a gradual basis this year , start assembling the information needed to start the financial plan . Mr . Little said that could be done regardless , being able to project fund balance for more than one year is something which needs to be done . Supervisor Whitcomb had invited Mr . Little and Mr . Jones so the Board could understand what has been talked about in the Finance Committee and in the exit interview on the audit . The Board needs to think about this to give the Supervisor direction on how they wish to proceed . TB Minutes 6 / 13 / 94 Pg . 13 Councilman Klein asked what would be the cost of this financial assistance ? Mr . Little said they would be charge the same amount per hour as any of the firms services . This would be a service done by a more experienced staff person and would probably be between $ 50 to $ 90 per hour , or about $ 10 , 000 - $ 12 , 000 . The services Supervisor Whitcomb suggested for this year would be probably $ 2 , 000 . Councilwoman Harrison asked if the estimate for approximately $ 10 , 000 was for the first time , and would it be expected more would be charged as time went on ? Mr . Little said the real success of this would be that the Town could learn to do it " in house " . There are some clients who have the firm come in every few years to update . It is better if the client can learn to do most of it themselves . Councilman Niklas asked that an executive session be held to discuss this issue under personnel . It raises a number of issues which need to be discussed . The Board thanked Mr . Little and Mr . Jones for addressing them . Agenda Item No . 6 - Report of Tompkins County Board of Representatives : Tim Joseph reported the County Board is working on the reform of the budget process , and the proposed WalMart construction . Supervisor Whitcomb said he had received some questions from town residents regarding the fees that trash haulers receive , the fixed charges have not gone down in proportion to the tipping and tag fees . Has there been any discussion on the County Board about possible " gouging " by trash haulers ? Mr . Joseph said some haulers are saying , cut the tag in half and put that on the bag . The haulers have all made an accommodation of one sort or another , there does not appear to have been efforts to let constituents know about it . Councilwoman Grigorov said Collins Garbage will trade the old tags in for others costing less , if you ask you can get cheaper ones . Councilwoman Harrison , the question has been raised if the County is considering charging the solid waste fee through the tax bills sent by the Town . There have been some issues raised about practical and legal issues which may arise if this were done . If people were to contest the fee how would the Receiver deal with that , how much staff time is that going to take ? TB Minutes 6 / 13 / 94 Pg . 14 Mr . Joseph said that issue is on the agenda for the Budget and Fiscal Policy Committee tomorrow . The understanding is that the fee being added to the taxes would have to be done legally in a way that allows people to pay one and not the other . They would have to be separated on the bill so people could legally refuse to pay one , while legally paying the other . Councilwoman Harrison said the Receiver of Taxes has raised the issue there is another statute that forbids her from collecting anything other than a fully paid tax bill . The Receiver perceives being in an impossible situation of having someone send their taxes and saying they will not pay the solid waste fee . The Receiver would have to say the whole bill has to be paid or none of the payment can be accepted . This would create a great deal of administrative burden . Mr . Joseph said there has been many issues raised as to how complicated it will be . Several members of the County Board are anxious to add the fee to the taxes . It seems straight forward to them . County staff who has to deal with it is saying it is not that straight forward , it is not that easy , they are unsure in the end it will save any money . Councilman Niklas asked if the County is considering that either all of it or known of it be paid puts pressure on the taxpayer to pay the solid waste fee ? Is that the logic or is it just that is more efficient ? Mr . Joseph said the logic is why should two bills be mailed when it could be combined in one . It was a surprise to the members considering it that there was a that law all the bill had to be paid . That may not even stop the possibility , if the whole tax bill has to be paid it could be said this is not a tax . It could even be on a separate piece of paper in the tax bill which would solve the issue of two mailings . Mrs . Noteboom said it is her understanding that the Receiver cannot put any additional papers with the tax bill . Mrs . Noteboom said the reason this occurred to her to be a problem is because the delinquent solid waste fees were put on the tax bill this year . There were several in the Town . Six of them were received the last week of January . Out of the six , two were from people who refused to pay the solid waste fee saying it had erroneously been added to the bill . The Town had to write to them , send the check back and explain they must pay the full amount of the bill and go to the County for a refund if it was due . A cut off date for receipt of the payment was stated because after January 31 , interest and penalties would be added to the bill . One l individual did not return the tax bill with a check for the full amount by the deadline . TB Minutes 6 / 13 / 94 Pg . 15 The interest and penalties were assessed to the bill and that taxpayer was very angry . It is a state law that the interest and penalties are assessed , not even the Town Board can waive those charges . This put the Receiver in a dilemma because the taxpayer said he did pay his taxes he had only refused to pay the solid waste fee , which he had a right to do according to the law . The resolution of this situation took approximately three weeks of staff time . When the Town Clerk / Tax Collectors luncheon was held in February the Deputy Director of Budget and Finance said that some of the Tax Collectors would have a problem at the end of the collection season because the County could not make the delinquent solid waste fees added to the tax balance , the County added them to the taxes anyway and hoped it could be deciphered at the end of the collection . If the County cannot balance the delinquents of only several hundred over the whole County , how will they be able to balance thousands of them ? Councilman Niklas suggested Mr . Joseph relay the message to the committee tomorrow that the Town of Ithaca has some very serious concerns about this . Mr . Joseph said he has not heard all the arguments , but County staff has said sending the bills together is not supported by some of the staff . They challenge the notion it will save money . There argument all along is that it is a tremendous extra burden on the Town Clerk ' s , if the Town Clerk ' s don ' t want it , it is hard for the County to justify something that creates extra work for the Towns rather than the County . If in fact the numbers do not support it will save money , there would be no good reason to do it . Mrs . Noteboom was pleased Mr . Joseph was saying that , she has been working on this for several weeks and she has not heard that echoed from County staff . Councilwoman Harrison asked , suppose the Committee met tomorrow and Mr . Joseph ' s opinion was in the minority , and the County Board agreed this should be done and voted on , would it legally be a fate accompli , or does the Town have the right to say they are not interested ? Mr . Joseph was not sure , but thought the Town would be able to say they don ' t want it . Attorney Barney said that the Town Board would have the right to say this is illegal and take whatever action appropriate at that point and time to establish the legality or illegality of it . TB Minutes 6 / 13 / 94 Pg . 16 Councilman Niklas stated that he would prefer that regardless of the decision of the Budget and Fiscal Policy Committee , the Town have its opinion at the County Board of Representatives meeting when they vote on this issue . Mr . Joseph said that he would make it clear to the County the concerns of the Town . Councilwoman Grigorov asked if Mr . Joseph were the only town representative on the committee ? Mr . Joseph said Beverly Livesay is also on the committee . Supervisor Whitcomb asked when the solid waste fee bills went out last year , and would they be sent at the same time this year ? Mr . Joseph said they went out in August , and they will be sent again this year in August , then the fee would also be added to the tax bill in January . Supervisor Whitcomb said if the people were billed within six months there would be a problem . Mr . Joseph said that has always been one of the arguments against the fee being added to the tax bill . The Town Board instructed the Supervisor and the Town Clerk to prepare a letter to the Budget and Fiscal Policy Committee for presentation at their meeting tomorrow voicing the problems and concerns of the Town . Councilman Conley asked Mr . Joseph if he felt the County were considering legislation for the licensing of cats because of the rabies epidemic ? Mr . Joseph said his sense is the SPCA is currently losing money on the contract with the County for cat control and they would like to get what it costs them . Mr . Joseph asked the Board if they were for or against cat licensing ? Councilman Niklas said that the issue is what is the real j objective , is it an income gathering device , or is it being argued that it would be one of the ways to monitor the spread of rabies ? It would be helpful to know what is provoking this agenda . Mr . Joseph said he has spoken to Mr . John Little , a Board Member of the SPCA and it was clear from him that it was just that the SPCA did not wish to lose money on cat control . TB Minutes 6 / 13 / 94 Pg . 17 Agenda Item No . 21 - Purchase of Backhoe , Highway Department : Supervisor Whitcomb said there are representatives from the companies who submitted the two lowest bids for the backhoe in attendance . The Highway Superintendent is questioning whether to accept the lowest bid . The Supervisor asked the Town Attorney if the Board should continue this discussion in open session or if it should be considered in Executive Session as potential litigation ? Mr . Barney said that given the concerns , there may be a need for legal advice and there may be the potential for litigation , therefore this should be discussed in executive session . Supervisor Whitcomb asked the two company representatives if they wished to address the Board so that their concerns would be considered later during the executive session ? Chuck Miller , S . C . Hansen addressed the Town Board and stated his company bid the Case Backhoe which was the second to the lowest bid . S . C . Hansen was the lowest bidder to meet all the specifications requested . Rich Kelly , Rupp Rental & Sales , Corp . company was the low bidder . They have sold to other towns in this area . The backhoe will do the job as well as the other backhoe bid . There is a considerable amount of savings with this backhoe compared to the competition , close to $ 3500 less . There are a couple of inches on the machinery in the specifications which were not met . Mr . Barney asked if it would have been possible with different equipment that the backhoe could have been made to meet the specifications ? Mr . Kelly said the difference is an inch or two short on reach . Weight specifications , their backhoe was 40 pounds light at eight feet under . It is a matter of picking out the numbers and putting them into play . Mr . Barney said there is a $ 3500 savings , but is the comparison the same ? Do the two machines have the same equipment if all specifications were met ? Mr . Kelly said it has the same equipment , in some sense it has higher specifications than asked for . The break out forces and so forth . Mr . Barney asked if there was any doubt that the Rupp machine does not meet the specifications ? TB Minutes 6 / 13 / 94 Pg . 18 Mr . Kelly said yes , it does not meet them but it is a matter of numbers and the numbers are very small . Mr . Klein said bid specification # 39 , said the boom lift capacity is 17 % below specification , a 17 % variation is significant . There is a lift capacity difference of 1000 . Mr . Kelly said that is .a total of 40 pounds . That is not lifting capability , that is the breakout force . Bucket break out force on the front of the machine is over 45 % more than the bid specifications or the Case machine . It comes down to numbers and the way they were put in the specifications . Agenda Item No . 13 - Consent Resolutions : Motion made by Councilman Niklas , seconded by Councilwoman Valentino approving and or authorizing the consent agenda items 13a to 13j . Carried unanimously . Ms . Alario mentioned there are two additional bills which were received that need Board approval for payment . The first is for Gadabout Transportation Services for $ 4 , 125 , and the other is for Tompkins County Senior Citizens Council for $ 4 , 356 . These were not included in the warrants because the contract with Tompkins County to reimburse those expenses has not been signed . They are not included in the consent agenda items . Supervisor Whitcomb said these bills relate to the contract with Tompkins County for certain services involving senior citizens and Gadabout . The Town has been billed for them . Mr . Barney said there was a problem with the contract because of the indemnification clause . It was returned to the County Attorney , Supervisor Whitcomb said the dilemma is the Town legitimately owes these charges , the Town would then be reimbursed by the County . Motion made by Councilman Niklas , seconded by Supervisor Whitcomb approving payment of $ 4125 . 00 to Gadabout Transportation Services and $ 4 , 356 to the Tompkins County Senior Citizens Council for the Town of Ithaca ' s share of these County - wide services . Carried unanimously . Agenda Item No . 14 - Revised Ethics Disclosure Statements Attorney Barney stated the suggestion made by Personnel Manager , Patricia Punger to exclude the inclusion of clubs and not for profit agencies which officials and staff belong to on the statement requires an amendment to the local law . TB Minutes 6 / 13 / 94 Pg , 19 The language of the Ethics Disclosure Statement reads that you must disclose as part of the annual disclosure any membership in any unincorporated profit or not for profit organization . Ms . Punger ' s concerns was this calls for disclosure of items which could be quite personal and are really not an item of public discussion . Possibly the local law could be modified to relate to organizations that are conducting business with the Town . The example given was a religious organization , it really is no ones concern who or what religious organization a person belongs to , unless that religious organization is asking for a variance or has direct business with the Town . Councilman Niklas said the Ethics Committee ahould have an opportunity to discuss this issue , and suggested they meet to consider this and report back to the Board so a public hearing can be scheduled . Supervisor Whitcomb was uncomfortable because the local law states everyone had to submit their 1994 statements by April 30th . This has not been done . Attorney Barney suggested everyone be allowed to fill out the disclosure forms with the understanding the Town Board will not prosecute if people refuse to include their memberships in organizations . Supervisor Whitcomb asked if the Town Board is the only entity which can prosecute under the local law ? Mr . Barney said the Ethics Board could refer it to the District Attorney , but would more than likely not happen under the circumstances . Mr . Barney said this is not the language change the Ethics Board was referring to , this has not been dealt with before and has been in the local law since the law ' s enactment . Motion made by Councilman Niklas , seconded by Councilman Klein referring the consideration of the wording on the Ethics Disclosure Statements and the possible amendment to the Local Law regarding memberships in profit and / or not for profit organizations to the Ethics Board for their recommendation , and that the Ethics Board receive a copy of the memo received from the Personnel Manager which explains the concerns as discussed by the Town Board and the Town Attorney , Carried Unanimously . s- TB Minutes 6 / 13 / 94 Pg . 20 Agenda Item No . 15 - Progression of Fire Contract Negotiations : The Supervisor said the negotiations have come down to what is the Town ' s fair share of operating the City Fire Department . Previously it has been based on assessed valuation of the town versus the City . The Town thinks the number of calls made to each entity should fit into the formula in some way , that is yet to be determined . The Town has asked for information indicating which call are Cornell University Town calls , and which are Cornell University City calls . The current budget projections for the future are based upon the actual expenditures from two years ago . That figure is taken and projected based upon inflation for the period of the contract . The City is asking the base budget year be on the actual fire department budget for the year . Budget versus actual expenditures from two years ago , then on the subsequent year if more or less is spent , an adjustment be made . If the City budgeted $ 1 , 000 , 000 this year and the Town share was 30 % and it turned out that they only spent $ 900 , 000 , the next year the Town would get a credit of the 30 % they did not spend . Mr . Barney said presently a cap is also placed on it , if the City wanted to spend more . They could spend all they wanted and the Town ' s proportion would only be based upon the past two year number with no more than a 5 % increase . Supervisor Whitcomb said the city is proposing the Town also pay a fair share of the City ' s administrative costs which have not been charged to the Town before . The City has determined a formula and what the charge would be . If that were implemented it would rise the contract by about 13 % , compared to smaller increases in the past of 4 % to 6 % . The impact on the budget would be 13 % in one year as opposed to a 6 % increase normally expected , based on salary increases etcetera . After a few years it would drop back to the 4 to 6 % range again . Councilman Klein said they have indicated that better than 15 % of their City administration goes to support the fire department . Councilman Niklas as if the amount they are asking to pay towards the administrative costs proportionate to the Town ' s contributions in other ways ? Is there an independent way of auditing those accounts to check the figures ? Supervisor Whitcomb said that their administrative costs are 15 % of the budget , then they want the Town to pay 27 % of that . Councilwoman Valentino said another problem is they are asking the Town to pay a percentage of their total expenditures , but they are not offsetting it in any way by income produced . The income goes into their general fund . TB Minutes 6 / 13 / 94 Pg . 21 Supervisor Whitcomb said he has a tentative commitment that the City would be willing to share that contribution on the same proportion that the Town shares expenses . Councilwoman Valentino asked if they charge fees for other services , do they have other income to be considered ? Mr . Noteboom said the Town also contributes in the winter by clearing the snow from the sidewalks and driveways of the fire stations . Supervisor Whitcomb said they are also concerned with compliance R ssues , the City codes and Town codes are not compatible . Councilman Klein said it is not so much that the codes are different , it ' s the City does their fire inspections and that our Building Officer does ours . Mr . Frost said the greater issue is the City has standards the Town has not adopted . Councilman Klein said the Town gets no benefit from administrative personnel on the department that make fire inspections in the city , and the Town would be paying 27 % to 32 % of that cost without getting any credit or compensation . Mr . Barney said the fire department gets contributions from Cornell University and Ithaca College . It is not known whether those are denominated solely as fire contributions . That is what they are for , yet those funds may go to the City as a whole . Councilwoman Harrison asked why the contract would be based on assessed value rather than the number of calls ? Supervisor Whitcomb said it is for protection of property which can be determined very easily . Councilwoman Harrison asked what are the legal requirements of providing fire service to Ithaca College which chooses to provide no support for those services ? Are we legally obligated ? Mr . Barney said the Town could possibly walk away from providing the service to everyone . i Supervisor Whitcomb asked if the Town could set up its own Fire Protection District and exclude Ithaca College ? Mr . Noel Desch said it would be possible with a Board of Fire Commissioners being established . Mr . Desch said to remind the City they do not have a sprinkler law which potentially increases the cost of fire protection . TB Minutes 6 / 13 / 94 Pg . 22 Supervisor Whitcomb reported the Fire Department has agreed to find a way not to exclude residents of the Town in their hiring of firefighters Agenda Item No . 9 & 10 - Extension Water Coddington Road Updike Road , Troy Road : Councilwoman Harrison asked Mr . Walker if the extension of water to these locations had been reviewed by the Public Works Committee ? Mr . Walker responded the Public Works Committee reviewed some maps , there is not a lot different from what was presented at the May meeting . A survey was sent to the residents requesting information for the need for water . There are approximately 22 responses . Everyone who has responded requested the water . Most people had sufficient quantity . The Coddington Road Community Center responded they did not have sufficient quantity . A call was received that the Community Center has run out of water four times in the last month during normal operations . Councilwoman Harrison asked what percentage of the people surveyed have responded ? Mr . Walker said approximately 60 to 70 % . The responses have been out for about two weeks . The original proposal to the Board for water was to the Coddington Road Community Center . Surveys were sent to all residents to the town line . A preliminary cost estimate to bring the water to the Community Center and several hundred feet along Updike Road would be $ 123 , 000 . Comparative costs for a supply system for the Community Center by drilling another well , with a well pump , 1 , 000 storage tank , chlorination system , engineering and administration work , and yield tests would cost about $ 14 , 000 to $ 15 , 000 . The Planning evaluation prepared by George Frantz was reviewed by the Planning Board . A resolution by the Planning Board suggests that bringing water to the Community Center is appropriate but they were concerned with land use impacts in the area and suggested making sure the land use rules are in effect before bringing the water in . Councilwoman Harrison said the resolution says to " consider " the water . TB Minutes 6 / 13 / 94 Pg . 23 Mr . Kanter felt the Planning Board thought adding water to this area would likely cause additional development pressures . They were concerned about the need to cluster development , and that can not be done effectively with the two acre lot minimum for septic systems . Clustering or conservation development would be an appropriate way to preserve some of the character of the area . There is a conflict since there is no sewer in the area . The Planning Board thought of it as a conditional recommendation , they would not like to see water added there unless there was strong consideration of some kind of zoning or conservation district to handle and control future development . Part of the resolution said , " the Town Board may wish to consider extending water and sewer into the area for the protection of the water shed " . Councilwoman Harrison said she understood the current well at the Community Center has a low yield , but if there were a 1 , 000 storage tank which could be filled overnight , why is there a need for a new well ? Mr . Walker said it would be a long term solution to the problem . Since they have run out of water four times in the last month there may not be sustained yield during a dry season . A second well may be needed if the present well continues to disintegrate . If a reliable source of water is sought a second well for reserve is necessary . Councilman Niklas said it sounds as if the Planning Board is suggesting a chronology to first reevaluate its zoning for conservation districts and that until the Town goes through that process it is not the recommendation to extend water . Attorney Barney said he did not think that was what the Planning Board felt . Councilwoman Grigorov read the Planning Board resolution , ( see attached ) . Councilman Niklas felt there is a need for clarification . They are recommending the extension of water yet , it is saying the extension of water and sewer has to be considered as a conservation district with a mechanism controlling density . Attorney Barney said the Planning Board did not feel it inappropriate for the extension of water , but they felt simultaneously the Town should take some action to counteract the effect of development pressures . The two could progress in tandem . 3 Councilwoman Harrison questioned if the Planning Board meant that sewer also be considered , because past experience shows when you have water sewer shortly follows ? TB Minutes 6 / 13 / 94 Pg . 24 Mr . Kanter said yes , it was his perception that although the Planning Board is concerned the conservation district be approached very soon , they were not saying it be in place prior to making a decision on the water extension . They do see an urgency for a form of zoning mechanism . Councilman Klein felt it would be difficult to extend water and sewer with the present zoning , and then after it is in place make revisions for zoning . Mr . Walker said the Planning Board was more concerned with larger parcels . There is a large undeveloped parcel that the present owners do not wish to develop and are only concerned with their taxes increasing with the water . The larger parcel toward the end of the proposed project has the highest development possibilities . It has been up for sale and has been owned by a developer who lost ownership . There is definitely an interest in developing that parcel . One consideration is if you develop a parcel of over 100 acres with 50 building lots , running water an extra 3 , 000 to 4 , 000 to a site is not inconceivable . If you are selling 50 lots and you need to put in $ 200 , 000 of improvements to bring water in , that breaks down to $ 4000 per lot . Which is not a great deal . If the market were up , there would probably be water to that parcel now . Councilman Niklas said hypothetically if the Town will extends water and sewer , concurrently the implications to density should be considered with a review of the zoning and conservation districts . These efforts may take several years . Equitably you would have to look at the whole town , not just this area . The entire Comprehensive Plan would have to be considered . Mr . Kanter said one of his first priorities is to look at the conservation zoning possibilities with the Planning Committee . It probably will not take several years to develop something that will compliment the comprehensive zoning approach . Although , it may take a while to look at different types of conservation areas that are appropriate . Councilman Niklas said the Town has had experience at looking at a conservation district which was previously called EPOD , it is one thing to create a piece of legislation for a conservation or EPOD , it is another to convince the Town ' s voters this is a desirable thing . Councilwoman Valentino asked how many units are involved in the larger parcels under the present zoning ? TB Minutes 6 / 13 / 94 Pg . 25 Councilwoman Harrison asked if Councilwoman Valentino was assuming that elsewhere where water and sewer was extended the zoning was changed to R15 , that the zoning would not be changed here but would stay R30 ? Councilwoman Valentino asked how big of a development pressure threat there really is ? Supervisor Whitcomb said there are a number of questions there are no answers to , it would be acceptable to set the Public Hearing for next month to hear from the public . The committee appointed last month consisting of Councilwoman Harrison and Councilman Klein can meet with the people in the community and the Town engineer to have these questions answered . What is the potential for development ? Will an on sight water system at the Community Center solve the problem ? What kind of legal issues does it leave the Town open to if the Community Center ' s problems are solved , but others are not ? Councilwoman Harrison said she did not feel the question of water could be isolated from the question of sewer . The question of sewer in that area has been discussed . Supervisor Whitcomb said the cost of sewer would be about $ 1 , 000 , 000 for the area already served by water . Councilwoman Harrison asked if an estimate of the sewer cost could be provided , then if the Town were to take the recommendation of the Planning Board and consider the conservation zone options the cost implications to the benefit assessment could be addressed . Supervisor Whitcomb hoped there would be an interval between major extensions of utilities until more work can be done on the Capital Plan as suggested by the auditor ' s . Those are the types of questions which would have to be answered by this project . It is not known what the effect on water benefit assessment would be . Councilman Conley asked if the water and sewer would be separate projects or would they be done together ? Mr . Walker said it is always cheaper per unit when more is accomplished . Water and sewer could be done totally independent of one another in most situations . There must be a ten foot separation between the water and sewer . Motion made by Councilman Niklas , seconded by Councilwoman Valentino that the Town Board hold a Public Hearing at 7 : 00 p . m . July 11 , 1994 in order to consider the extension of water on Coddington Road to the Community Center . TB Minutes 6 / 13 / 94 Pg . 26 Councilwoman Harrison stated she did not wish to get the answers to the questions asked at the Public Hearing , the reason some of them have not been answered is because the Town Board did not get the information until tonight . Councilwoman Harrison said she wants to know what the sewer will cost and what it would do to the benefit assessments around the Town . How can the Town Board make a responsible decision to extend the water if the Town concurs that past experience has shown sewer always follows the installation of water ? Amendment to the motion made by Councilman Niklas changing the public hearing to August 8 , 1994 at 7 : 00 p . m . Seconded by Councilman Klein . Mrs . Mudrak asked to what extent this water extension is to the prospect of development ? The big parcel was already sold and sighted for development when the economy was good . She stated she lives in the area and does not wish to see development . She was a property owner who would have been subjected to the conservation zoning and supported that , but it doesn ' t seem that extending the water 2 , 000 feet is this blockbuster catalyst for development . If the water is extended or not , and the economy holds out the parcel will be sold anyway . Those are big issues , the rezoning , conservation of the area to entail those giant issues with this small extension is infeasible . The Community Center is running out of water now . Councilman Niklas said whichever motion is passed the Town Board will have a month or two to debate the extension of water , this would be a catalyst to development . The Public Hearing is to hear from residents . Councilman Conley said he thought that Coddington Road and Troy Road were linked together because of the economy of the construction and financing . Mr . Walker said Coddington Road has taken the forefront of discussion because there is more potential of development . Troy Road has much less developable land . Councilman Conley asked if that were an issue ? Mr . Walker said he needed direction from the Board as to whether it is or is not . Supervisor Whitcomb felt the Town Board was looking at two different types of projects with two different considerations . Putting them together would complicate things . There is no reason the two projects could not be bid together and built simultaneously . Tb Minutes 6 / 13 / 94 Pg , 27 Councilwoman Harrison pointed out , if they were both approved they could be bid and built at the same time , they need to be considered on their individual merit . Mr . Walker said there would be a thirty day bidding process and a 30 day design process with approval of design by the Town Board before the bid . Financing funds are available through Capital Projects for the water . It is a short project of two weeks . Councilman Conley said the process is being complicated with the Public Hearing being considered two months away because the Town Board can ' t get enough information together or solve all the zoning matters of the Town by that time . Councilman Conley said he will vote against extending the public hearing for 60 days , rather than doing it in 30 days . Councilwoman Harrison asked if the Public Hearing were set in a month but all the answers asked for from Town staff were not provided , could the additional information be considered at the August meeting ? Supervisor Whitcomb said the Public Hearing could be adjourned until the information were received . Motion made by Councilman Conley that the Town Board hold a public hearing at 7 : 00 p . m . , July 11 , 1994 in order to consider the extension of water to Coddington Road to the Community Center . No second to the motion . Councilman Klein felt it is to premature , it was hoped the information would have been provided earlier . The Town Engineer is busy , it is only being looked at now , the survey is not complete . Councilwoman Harrison and he did not meet with the residents as expected . There is a new Town Planner who has talked about a conservation zone , it is premature . The Attorney for the Town read the order of public hearing . The Supervisor called the motion with the amendment to hold the public hearing in August and stated he did not see why the public hearing could not be set in July to start the process . If it needed to be continued in August it could be , to delay makes construction this year almost impossible and does a disservice to the residents if the Town Board chose to go ahead with the extension . Roll call vote to adopt the order of public hearing for August : Councilman Conley , no ; Councilwoman Harrison , no ; Councilwoman Grigorov , no ; Councilman Klein , yes ; Councilman Niklas , no ; Councilwoman Valentino , no ; Supervisor Whitcomb , no . Roll call vote motion defeated . Motion made by Councilman Conley adopting the order of Public Hearing for the extension of water to Coddington Road , to be held TB Minutes 6 / 13 / 94 Pg . 28 at 7 : 00 p . m . July 11 , 1994 . Seconded by Councilman Niklas . Roll call vote : Supervisor Whitcomb , yes ; Councilwoman Valentino , yes ; Councilman Niklas , yes ; Councilman Klein , no ; Councilwoman Grigorov , yes ; Councilwoman Harrison , yes ; Councilman Conley , yes . Roll call vote carried . Motion made by Councilwoman Valentino , seconded by Councilman Niklas adopting the order of Public Hearing to be held at 6 : 45 p . m . on July 11 , 1994 for the Troy Road water extension . The Supervisor declared a conflict of interest on the Troy Road extension even though his property would not be served by that extension , it is within the vicinity . Roll call vote : Supervisor Whitcomb , abstain ; Councilwoman Valentino , yes ; Councilman Niklas , yes ; Councilman Klein , yes ; Councilwoman Grigorov , yes ; Councilwoman Harrison , yes ; Councilman Conley , yes . Roll call vote motion carried . Agenda Item No . 11 & 12 - Extension of Sewer West Haven Road : Motion made by Councilman Niklas , seconded by Councilwoman Valentino adopting the order of Public Hearing for the extension of sewer to the West Haven Road for 7 : 30 p . m . on July 11 , 1994 . The projected cost of the project would be $ 215 , 000 financed for no more than 20 years . Councilman Conley asked Mr . Walker if there will be a meeting held with the residents of the area before the public hearing to discuss this project ? Mr . Walker said that meeting will happen . Letters have already been sent out notifying them . Supervisor Whitcomb asked what was meant about a letter going to the West Haven Road residents ? Councilman Conley said he had received a call from a West Haven Road resident who thought that the Town was going to survey and stake out where the proposed project would go . Residents thought they may have some input as to where it should go . Ms . Alario said she was not sure of what the financing for this project would be . Supervisor Whitcomb asked if it was discovered there was sufficient current funds to build this sewer after the order of public hearing stated it would be financed , could that be amended ? Mr . Barney said that it could be changed at the public hearing . The Supervisor called the vote . Roll call vote carried unanimously . TB Minutes 6 / 13 / 94 Pg . 29 Councilwoman Harrison mentioned that Councilman Klein , Chair of the Public Works Committee will not be at the July Town Board meeting when all of these hearings have been set . Mr . Bryan Marier asked if the West Haven sewer construction could be completed this year , and what kinds of things could the residents help with to expedite construction ? Mr . Walker said that it would be possible to construct this year , Town Board approval is the first step . If the project is approved in July and the funding can be arranged it could be completed within three to four weeks . Agenda Item No . 16 - SJS Committee Report Contract Negotiations : The Supervisor reported contract negotiations with the City continue with another meeting scheduled for next week . It appears that they are close to reaching an agreement . Any Board member having any comments or suggestions before next week ' s meeting , contact the Supervisor . Agenda Item No . 23 - Cornell SLUD Process : The Supervisor understood the process has been ongoing for several years . The Planning Board adopted the draft SLUD at their last meeting and recommended approval by the Town Board . Previously the Planning Board had adopted a final Environmental Impact Statement and had adopted the findings of the Planning Board . The Town Board needs to discuss the process they will take in their approval of the SLUD . The Town Board at some time will have to adopt findings of their own . Those could be simply ratification of the Planning Board ' s findings , amended findings , or new findings . The possibility of amending the document should be discussed . One of the issues is , how soon does the Town Board wish to act on this rezoning ? Councilwoman Grigorov said the Town Board should act as soon as possible . The process has been going on for three years , most all interested parties have had a chance to review the document . Supervisor Whitcomb felt there was some concern on the Board that traffic issues and agricultural lands have not been adequately addressed in the findings . The next step for the Town Board would be to discuss the SLUD , set a public hearing and adopt it . Motion made by Councilwoman Harrison , seconded by Councilman Niklas authorizing the Town Clerk to advertise for a Public Hearing to be held at 6 : 30 p . m . , September 12 , 1994 in order to consider adoption v� TB Minutes 6 / 13 / 94 Pg . 30 of the Special Land Use District and that there be an agenda item immediately prior to the public hearing to consider the findings . Louise Raimondo , Planner I said the only public comment made at the Planning Board hearing regarded the traffic in Forest Home . There have been three public hearings held thus far . Attorney Barney said the attendance at the Planning Board ' s public hearings has been sparse , there has not been a great deal of public input . Councilwoman Harrison said there are other issues to be raised , she did not raise them at the Planning Board ' s hearings but she will raise them at the Town Board level . Ms . Raimondo said the Environmental Impact Statement has answered all the public comments which have been made . Supervisor Whitcomb encouraged the Town Board to read the Planning Board ' s findings . Supervisor Whitcomb suggested to Councilwoman Harrison since she is the individual most concerned about the findings of the SLUR that she write them and submit them to the other Board members so they may consider them before the public hearing . Motion called and carried unanimously . Councilman Niklas suggested since there are so many public hearings for items such as water and sewer extensions , and the SLUD that Town Board committee / public time not be used to ask staff questions which could be asked before the meeting . If the Town Board needs to be informed , it should be done on each Board members own time . Many questions of staff are done at the Town Board meetings where things could be done more productively , if there is homework do it outside the meetings . Councilwoman Harrison agreed provided the Board receives the information prior to the meeting in the mail out . Councilman Conley said sometimes he knows the answers to the question he is asking , but he wants staff to say it so that everyone else , including the public , is aware of the answer . Councilman Niklas said he is not saying no one should ask questions , very often procedural questions are asked such as how to do something , what is the cost . There are better ways of conveying information to other Town Board members and to the members of the i public than getting into these discussions , because half of the time the information is presented for the first time . It is disconcerting because people are now in the process of making important decisions based on information just received . TB Minutes 6 / 13 / 94 Pg . 31 Supervisor Whitcomb said the point is well taken , every Board member or committee member if they have questions of staff should see them the other 29 days a month Town Hall is open . It is incumbent on all Board members to inform ourselves . Agenda Item No . 17 - Compliance Americans With Disabilities Act : Mr . Frost said in January 1993 the Town was required to file a plan as to what has to be done for the Town Hall to be in compliance with the Americans With Disabilities Act . Federal law requires the Town put the requirements in place by 1 / 26 / 95 . It may be the Town Board ' s decision that the Town not make the full investment for compliance based on the possibility that another Town Hall is presently being investigated . The current handicap provisions and access to the building is the main priority . The ramp off the back leads to a door which is locked most of the time . There is no way to notify the Town Clerk if someone is entering unannounced . Once at the top , of the door swings out in the way of a wheelchair . In 1993 two options were proposed for a ramp . One was for the front of the building at a cost of $ 13 , 000 . One was for changes to the back door ramp . The estimate in 1993 also included modifications to the inner doorways and bathrooms . Supervisor Whitcomb said even if the Town Board decided today that a new Town Hall was in the works , it will be a year or more before that is done , some things should be done to the building which are not to costly to show willingness to comply with the ADA . Mr . Frost said he is not sure whether to do something to the existing rear ramp or installing the front ramp , it depends on the amount of money the Board wishes to spend . Some minor changes in the bathrooms and doorway entrances could be made . Other issues which need to be considered are handicap parking signage at the Town Parks , having an acceptable surface for wheelchairs for getting to picnic areas . Supervisor Whitcomb said there are building issues and program issues . The program changes could be done along with some things in the Town Hall as an act of good faith . Mr . Frost asked if the Town Board wished to have the existing ramp improved , but not in total compliance , or go to a front ramp ? Councilwoman Valentino said her concern is the existing rear ramp allows access to the Board room , but is a very difficult access to the Town Clerk and other offices . There are more community people who need access to the front door than the back door . The law !I i TB Minutes 6 / 13 / 94 Pg . 32 means people should have access , it would not cost a great deal of money to do it right . It does improve the enhancement of the building for resale value . She said she would rather that the front ramp be built as originally proposed . Councilman Conley felt some of the minimal items should be addressed . Mr . Frost said he felt the sense of the Board in 1993 was that the ramp should be at the front of the building . Councilman Klein asked what would happen if the building were not I n compliance by the deadline date ? Mr . Frost said he felt the greatest problem would be public scrutiny as to why or why not it wasn ' t done in time . Motion made by Councilwoman Valentino , seconded by Councilman Niklas authorizing the Building Inspector / Zoning Officer to determine the costs to produce a handicap ramp on the front of the Town Hall , for making the changes for the rear ramp to be compliance , and for purchasing the items needed to make the other necessary changes to the bathrooms , doorways , etcetera to have the Town Hall in compliance with the Americans With Disabilities Act , Councilman Klein said that the Town Hall ' s compliance is thought to be a temporary situation with the search for the new Town Hall , he is fulling in support of the law but is reluctant to spend $ 20 , 000 to $ 30 , 000 on a building that will only be utilized for a short period of time . Ms . Alario said depending on the cost and what is to be done , according to the procurement policy there will have to be three estimates . That may help make the decision if Mr . Frost were to have some high / low estimates now rather than having to go back and get estimates again . Mr . Frost said he anticipates $ 13 , 000 for the ramp , and $ 5 , 000 for the rest of the items . Motion called by the Supervisor , carried unanimously . Agenda Item No . 18 - Local Law No 12 , Amendment Fees Charged for Certain Licenses and Other Activities : I The Town Clerk explained the present local law allows for a $ 5 . 00 charge for copies of the Zoning Ordinance . It has been determined that the cost to produce the Zoning Ordinance is now $ 10 . 00 . Should the local law be amended to change the fee schedule ? Perhaps new language could be incorporated into the local law which would allow the Town Board to change the fee schedule when printing TB Minutes 6 / 13 / 94 Pg . 33 costs go up by a simple resolution . Attorney Barney said presently the Town goes by a local law with fees that have to be determined each time there is a change , it may be able to be done by enacting a local law allowing changes by simple resolution which may or may not require a public hearing . Councilman Niklas suggested this item be added to the August agenda to set the public hearing for September . The Board concurred . Agenda Item No . 19 - Regular Appointment Fred Noteboom , Highway Superintendent : Motion made by Councilwoman Valentino , seconded by Councilwoman Grigorov appointing Fred Noteboom , regular Highway Superintendent , at an annual salary of $ 30 , 500 , retroactive to May 4 , 1994 . Full benefits apply . Carried unanimously . Agenda Item No . 20 - Tompkins County Agreement Trading of Equipment and Services , Highway Department : Attorney Barney has reviewed the agreement and the only question he had was that the agreement referred to compensation in kind . The agreement is structured so the County would use our equipment and they would use ours , periodically there would be an assessment made as to whether the Town owed them or they owed us , and then it would be paid off by loaning equipment rather by payment of money . When would there ever be a conclusion . Suppose the County terminated the agreement upon 90 day notice , at that point would the Town pay money if the trade is not equitable ? Mr . Noteboom said he is not sure how that would work . Councilman Conley said this agreement is for the sharing of equipment back and forth , usually it is worked out between the Highway Superintendent and his counterpart of whatever other government is participating . Experience has shown that it is better if all other parties stay out of the arrangements and allow the Highway Superintendent to take care of it . The only problem would be that there may be a liability problem . Mr . Noteboom said the agreement makes mention if the other entity ' s personnel is driving our equipment they are liable for it , if we drive other ' s equipment we are liable for it . Attorney Barney asked how our insurance company feels about that type of arrangement ? Motion made by Councilwoman Valentino , seconded by Councilman Niklas that the Town Board approves of the agreement for trading of equipment and services by the Highway Department with Tompkins TB Minutes 6 / 13 / 94 Pg . 34 County in principal , with such changes in it as may be determined by the Highway Superintendent and the Town Supervisor with the advice of the Attorney for the Town . Supervisor Whitcomb said he does have a concern about what would happen if a piece of equipment through normal wear were on the verge of breaking and it happened to breakdown while the Town was using it , who would pay for the repair ? Motion called and carried unanimously . Agenda Item No . 22 - Agreement Route 366 Water Main : Postponed , agreement has not been completed . Agenda Item No . 24 - City of Ithaca ' s Land Acquisition Six Mile Creek : Mr . Frantz said the City is presently putting together a package to redevelop the Inlet Island area on the west end . Portions of Inlet Island is land that was purchased with federal or state funds in the 1960 ' s and 1970 ' s for park purposes . There is approximately $ 450 , 000 worth of land . The City has to go through the alienation process by finding replacement land for the Inlet Island with equivalent monetary and used value . The City is looking at parcels in Six Mile Creek valley as potential replacement land . There are approximately 20 parcels in the Six Mile Creek they are considering . The City prefers to purchase land from willing sellers , however they feel there may be a need to invoke eminent domain . Councilman Niklas asked how one municipality could claim land within another municipalities boundaries by eminent domain ? Attorney Barney stated they canot use eminent domain to acquire property outside of their munici not boundaries for park purposes , they can use eminent domain to acquire land outside their municipal boundaries for water shed / water supply protection purposes . Councilman Niklas asked if the Town were opposed to the acquiring of these lands by eminent domain what recourse would the Town have ? Mr . Barney said the first step to any eminent domain proceeding is to adopt a resolution saying the land is needed for public purpose by articulating what that purpose is . If they are wise they will say they are acquiring it for water supply protection purposes . Then if a landowner or the Town were opposed they would have the burden to prove they are not acquiring for water supply protection purposes but for park purposes . If the City said they were acquiring it for park purposes they would be subject to having the request denied . TB Minutes 6 / 13 / 94 Pg . 35 Councilwoman Harrison asked if it were acquired for the water protection purpose could it be substituted for the alienated park land ? Attorney Barney responded it should not be . If they acquire it for water shed purposes and then later at some point try to convert it for park land , they might be able to do so . Councilwoman Grigorov said then that land would have to be replaced with some other land . Mr . Barney said no , at that point it would be water shed land . Councilman Niklas , if that were the case , when they tried to come back to change it from water shed to park , the Town could say they did not do this in good faith . John Schroeder , City of Ithaca Common Council addressed the Board and said that the City had a land use plan for Inlet Island . There is a confusing issue of park land and private land because the property lines reflect the old railroad sightings which existed prior to the flood control planning being built . There is no AOL relationship between the property lines and the actual shape of the sp land . It is being attempted to reach a relationship between greenspace and private along the west end of Inlet Island so someone could walk all of Inlet Island up to the tip . In exchange for this the City will " unpark " some park land exposed in the middle of the island . Since the land which will be " unparked " was purchased with Federal money , the City needs to have NY State and Federal approval for the alienation of the park . Part of the federal approval is to find substitute park land to replace the lands . There are several places being looked at for substitute park land . Part of it has to do with buffer zones or right of ways for the proposed Cayuga Inlet Trail / Black Diamond Trail , another item will be public ownership of Ithaca Falls . Ithaca Falls is privately owned . Cornell owns the falls , but the land up to the falls is privately owned . There is some land in Six Mile Creek . There are several possibilities of parcels around Six Mile creek that are being considered . They are within the boundary zone talked about between the Town and the City for many years . There was a joint Town and City committee that identified certain parcels which were a high priority for protection . All the parcels being considered are within that area . i Councilman Niklas pointed out the identified parcels by the committee were never listed on any official document . If those III properties were acquired , how would they be designated , parks ? TB Minutes 6 / 13 / 94 Pg . 36 Mr . Schroder said when the appraisals of Six Mile Creek land was looked at they had more parcels appraised than needed because it was a good time to get easements and acquiring land outside of the Inlet Island process because land values were still relatively low . The City and Town have thought about protecting this land for a long time . A choice of parcels was needed for the Inlet Island process and 18 parcels appraised . Councilman Niklas said the answer to the question was that whether the City acquired an equivalent amount or in excess of an equivalent amount of land , the intention is to designate that land for park . Mr . Schroeder said whatever is substitute park land for Inlet Island requires the approval of the Department of the Interior of the federal government . There are two separate procedures . One is substitute park land for Inlet Island . The goal is to have contiguous parks preferably close to the City . The federal requirements are that there be a recreational value to the land similar to that given up . A separate proposition which would not be park land is protecting through a reasonable way additional land in the water shed . The water shed land the City owns is not classified as park land . An official statement has been passed by the City regarding the policy of the land stating the things to be protected are the water system , everything having to do with the operation and maintenance , preserve the area for passive recreation , and preserve it as a natural area . Councilman Niklas asked if the parcels of land being looked at to be designated either as park or protected areas are outside of the City limits , and how much area outside the City limits in the Six Mile Creek area is being looked at ? Mr . Schroeder said , yes . There were 18 parcels appraised . Supervisor Whitcomb asked if the land being considered for park purposes falls into the realm of eminent domain ? Mr . Schroeder said the City does not want to use eminent domain , only as a last resort , and only with regard to the Inlet Island land . In order to get federal and state parks approval they are not going to want to have a series of isolated points designated as parks . They will want a collection of parcels which are right next to one another . The City wants to negotiate with an owner and arrange a sale , but if there are five parcels in a row and four willing sellers , and the fifth is essential to making he land contiguous and the owner TB Minutes 6 / 13 / 94 Pg . 37 does not want to sell , or the owner realizes the land is needed to make it work and asks for a price above the market value eminent domain may have to be used . Attorney Barney asked for park , outside the Town ? Mr . Schroeder said , yes . Attorney Barney asked what the legal authority was for doing that ? Mr . Schroeder said protection of the watershed . Attorney Barney said , Mr . Schroeder you just said , it would be taken for a park when using the example . It is my understanding the power of eminent domain is available outside of a municipalities jurisdiction not for park land , but is available for water shed land . Mr . Schroeder said Charles Guttman , the City Attorney feels it is a legitimate function . Councilwoman Grigorov declared that she owns land in the Six Mile Creek area as listed on her Ethics Disclosure Statement , Mr . Schroeder said Councilwoman Grigorov ' s land is one of the appraised parcels . Councilman Niklas asked why the City is considering replacing lands for a park in another municipality rather than within the City boundaries ? The City is the one who is initiating a transfer of land and having to find replacement land . Mr . Schroeder said the bulk of the value of land is the Ithaca Falls land which is in the City . Appraisals were done of the land which would be " unparked " . The bulk of value of the substitute park land is the Ithaca Falls area and certain parcels which have to do with construction of the Cayuga Inlet Trail . Some value is left remaining to find , the Six Mile Creek area was considered because it is an area the Town and City have said needs protection . Councilwoman Harrison said she thought it is terrific in terms of the priorities , it was consistent with the Comprehensive Plan and what the Town is looking for in means of conservation protection in the Six Mile Creek valley . The concern is that it would be inappropriate to imagine another . municipality acquiring lands against the wishes of a town resident for the purpose of a park for the City . Were there to be acquisitions for water shed protection , that is viewed differently . The Town has an interest in the City protecting its water . There would probably be resistance on the part of the Town Board in requiring Town residents to sell property for a park for City residents . a- TB Minutes 6 / 13 / 94 Pg . 38 Mr . Schroeder said there are two issues , one is the issue which is being discussed presently and the other is if the Town of Ithaca is interested in a cooperative effort at this time with the City in helping to secure easements or outright property purchases , not for park but protection of the water shed . Councilman Niklas said he is not concerned about the motive , but the mechanism . The Town is currently reviewing mechanisms and opportunities of protecting its own water shed and natural areas and those possibilities should be explored rather than relinquishing land to another municipality . If the law permits the City to take by eminent domain properties within the Town for the protection then so be it , but it would be looked at with a " jaundice eye " if that intent were to change . A close track should be kept of what was happening . Councilwoman Harrison added the Town has begun to look with significant interest at the idea of conservation easements in the Town . She expressed an interest in looking at this as a possibility in the area of Six Mile Creek . Supervisor Whitcomb said the Town is also looking at mechanisms for setting up a park land acquisition fund . Mr . Schroeder said when looking at water shed protection there are two approaches , one is for the land to continue to be privately owned with an easement over the land , and the other is outright purchase . The City is considering both . Councilman Conley asked if having an easement over the land would solve the alienation problems ? Mr . Schroeder said they are two separate issues . One is substitute park land for Inlet Island and the other is easements or purchase of land for water shed protection . The City calls the water shed area , from the City line out to the Dryden line . Supervisor Whitcomb asked what would happen in the future if the City abandoned this water supply and became a member of the Southern Cayuga Lake Intermunicipal Water Commission ? What would be done with all the land acquired ? Mr . Schroeder said he personally thinks the Six Mile Creek area identified should be permanently protected whether it is used for water purposes or not . Supervisor Whitcomb said that philosophically the Town Board agrees with the City , but the Town is not at the point where the Town can participate in an acquisition of parcels . The Town does not have those mechanisms in place . The Town would be willing to consider assisting in obtaining easements . TB Minutes 6 / 13 / 94 Pg . 39 Councilwoman Harrison said that one of the issues is the financial implications of the Town accepting conservation easements in terms of taxes . Supervisor Whitcomb felt Councilman Niklas and Councilwoman Harrison have spoken for the rest of the Town Board by saying using the power of eminent domain in acquiring water shed protection is one thing , but using it for park land acquisition is another . Councilman Conley said once the land is put into a park it is there for perpetuity . It is almost impossible to have to reverted to another use . Attorney Barney asked if the City were to find a legal opportunity to acquire Town of Ithaca land by using eminent domain to replace parks , would the Town Board be comfortable with that ? Mr . Schroeder said the City would only use eminent domain as a last resort . Councilman Niklas said he did not care if it were a last resort or first resort , as a mechanism to acquire park land for the City , no he would not be happy with that at all . Councilwoman Harrison said she had mixed feelings because park land for the Town would be acquired and Town residents would have access to it . Councilman Niklas , the Town would be losing control and part of its land . The supposition is that the City can protect the land , but the Town can ' t ? You would be losing the municipal integrity , the boundaries . It sets a terrible precedent for other land acquisitions . Hypothetically the City could go less green relinquishing properties and saying they can obtain park land on their perimeter and have a green belt . That green belt would come out of the Town of Ithaca . The Town the boundaries need to be protected . Councilwoman Grigorov asked how the Board felt about a willing seller ? Councilman Niklas said that is a different issue . Councilman Conley said a willing sale would be different because the City then would be subject to all zoning regulations of the Town . Mr . Frantz said there is a way the Town could help . The Town has the South Hill Recreationway and owns the railroad grade between Coddington Road , Hudson Street and Burns Road . The Six Mile Creek report adopted by the Conservation Advisory Council provides a TB Minutes 6 / 13 / 94 Pg . 40 framework . The Planning Board can refer to evoking cluster subdivision requirements for any development that happens in that area of the Town . The City acquired land on the north side of Six Mile Creek from the Edgewood Development gratis , through the Town ' s cluster subdivision and park open space dedication mechanism . Rather than the Town taking possession of the land , the developer was directed to deed it to the City . The trail exists as a barrier already to development between it and the reservoir area . If a developer were to come in the Town can have them deed the area below the South Hill Trail as a recreationway for the City . The Town will probably be doing a new park and open space plan and can look at a cooperative venture with the City to see if it is a good idea . Is the City looking at the acquisition of any land in the Town of Dryden ? Mr . Schroeder said that he felt the City probably should be looking at land in Dryden , but they are not . Mr . Frantz said given the Town of Dryden ' s lack of land use controls and the proximity to the creek , less than 10 % of the water flowing into the reservoir is coming from the Town of Ithaca . Mrs . Noteboom said that as a taxpayer she is loathe to have land that is privately owned where honest residents pay their taxes sold to another public entity for a park as it goes off the tax base because the owner is a municipality . Mr . Schroeder said they are not interested in properties on Coddington Road or Route 79 , the land next to it would still be developable land . Mr . Walker said there are some interesting possibilities because the railroad track does make a nice line of demarkation . When the City suggests obtaining land to be part of the subdivision process our Planning Board will have an opportunity to evaluate it if there was to be a transfer of development rights for someone to give or sell to the City for park land . Clustering may be considered . Supervisor Whitcomb said he did not believe the City wishes to buy everything if there are other ways to protect the land . Mr . Schroeder felt the Board is saying if there are willing sellers of substitute park land there is no objection , if eminent domain is necessary for park purposes there is skepticism and opposition . If eminent domain is necessary for lands strictly needed for water shed protection there is not as strong an objection . Councilman Conley said in the instance of eminent domain for the water shed protection it is incumbent on the City to prove that is what it is for . i TB Minutes 6 / 13 / 94 Pg . 41 Mr . Schroeder said the City is also looking at " unparking " 60 acres of land on the south west park , which is open land used for storage for the City Department of Public Works off of Elmira Road . That land would be better used as development land of some sort rather than park land . More appropriate park land would be the natural area of the Cayuga Inlet to the southwest of Southwest Park in the Town and City . This was approved by the New York State legislature in 1985 . Previous administrations had no objection to that . Councilman Conley suggested the city use that land for their " park " . Supervisor Whitcomb felt this should be part of deliberations of the Conservation Board as they develop the parks and open space plan for the Town and if it appears that area would be a good place for a park efforts should be made to acquire it . Mr . Schroeder said the assumption is the City would acquire that land . Councilwoman Harrison asked if there is anything in the Town documents which refer to this southwest park substitute land . How does that land appear on the Comprehensive Plan ? Mr . Frantz said that area of the Negundo Woods site is almost all forested land . Agenda Item No , Additional 1 - Attendance Seminar : Motion made by Councilwoman Valentino , seconded by Councilman Niklas approving the attendance of Mary Bryant at the " Business Grammar and Usage for Professionals Seminar " on August 25 , at a cost not to exceed $ 125 . 00 . Carried unanimously . Agenda Item No . Additional 2 - Archival Consultant , Records Management Grant : Mrs . Noteboom reported that Suzanne Etherington was the successful candidate interviewed to perform the archival consulting for the present records management grant . Motion made by Councilwoman Valentino , seconded by councilman Niklas authorizing and directing the Town Clerk / Records Management Officer to enter into an independent contractor agreement with Dr . Suzanne Etherington for three days of consulting services to help develop an archival program , select records for microfilming , and present methods for arranging and describing records under the Records Management Program . Consulting services shall be performed no later than June 30 , 1994 , with payment made to Ms . Etherington on that date so the Town may meet the financial requirements of the ( LGRMIF ) grant . Carried unanimously . TB Minutes 6 / 13 / 94 Pg . 42 Agenda Item No . 4 - Appointment Post Office Advisory Council : Motion made by Councilman Niklas , seconded by Councilwoman Valentino appointing Councilwoman Grigorov to serve as the Town of Ithaca representative on the Post Office Advisory Council . Term of appointment shall be immediate remaining in effect until the Advisory Council is disbanded . Carried unanimously . Agenda Item No . 25 - EXECUTIVE SESSION : Motion made by Councilman Niklas , seconded by Councilwoman Valentino to move into executive session to discuss potential litigation and property acquisition . Carried unanimously . The Board moved into executive session at 9 : 45 p . m . Motion made by Councilman Niklas , seconded by Councilman Klein to move back into regular session at 10 : 17 p . m . Carried unanimously . As a result of the executive session the following resolution was adopted : Motion made by Councilman Conley , seconded by Councilman Niklas hereby accepting the bid received from S . C . Hansen , Inc . for one new tractor / loader / backhoe because said bid was the only bid which met all the specifications , and the Highway Superintendent is authorized and directed to purchase said backhoe as specified for a price of $ 55 , 973 from account DB5130 . 200 . Carried unanimously . Agenda Item No . 26 - Adjournment : As there was no further business to come before the Town Board , Councilman Niklas made a motion to adjourn . Seconded by Councilman Klein . Carried unanimously . Respectfully submitted , & /M � Joan Lent Noteboom Town Clerk * * * Next Regular Meeting - July 11 , 1994 , 5 : 30 p . m . * * * Public Hearings - July 11 , 1994 6 : 30 p . m . - Local Law Elder Cottages 6 : 45 p . m . - Extension Water Troy Road 7 : 00 p . m . - Extension Water Coddington Road 7 : 30 p . m . - Extension Sewer West Haven Road Town Board Meeting 6 / 13 / 94 Agenda Item No . 5a Public Hearing Date - Amendment Zoning Ordinance Elder Cottages Resolution No . 122 WHEREAS , the Town Board of the Town of Ithaca has determined there is a need to provide legislation which would enable elderly relatives to live with their families but in a separate accommodation ; and WHEREAS , the Codes and Ordinances Committee has developed such legislation and is recommending that the Town Board consider enacting the said legislation ; now therefore be it RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held at the next regular meeting of the Town Board on July 11 , 1994 at 6 : 30 p . m . in order that the Town Board may consider enacting a " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PERMIT ERECTION OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS " ; and be it further RESOLVED , the Town Board hereby requests that the Planning Board and the Zoning Board of Appeals review the proposed Local Law and submit their comments and recommendations regarding the same to the Town Board for the July 12th , Public Hearing . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 loan Lent Noteboom , Town Clerk I Town Board Meeting 6 / 13 / 94 Agenda Item No . 10 Coddington Road Extension of Water Resolution No . 123 ORDER FOR PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 19942 CODDINGTON ROAD IN THE TOWN OF ITHACA , TOMPKINS COUNTY, NEW YORK PURSUANT TO ARTICLE 12- C OF THE TOWN LAW. At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street , in Ithaca , New York, in said Town , on the 13th day of June , 1994 , at 5 : 30 o ' clock P. M . Standard Time . PRESENT: Supervisor John Whitcomb Councilperson Catherine Valentino Councilperson David Klein Councilperson Karl Niklas Councilperson Ellen Harrison Councilperson Grigorov Councilperson Edward Conley ABSENT: None WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 - C of the Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1994 - Coddington Road , and hereinafter also referred to as " improvement to provide such water improvement including extensions , to the present Town water improvement , such water system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker, P. E . , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefrtted by said Town of Ithaca Water system Improvement - 1994 - Coddington Road shall be known as the Town of Ithaca Water System Benefitted Area - 1994 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Water System Improvement - 1994 - Coddington Road consists of the water improvements set forth below , and in the areas of the Town as set forth below , and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : CoddRd.ph, wpSlrth , June 22, 19949:55am Construction and installation of new S " water main extensions on Coddington Road , the water main itself to be installed on the northeast side of Coddington Road running from the present terminus of the water line on Coddington Road to the Coddington Road Community Center. WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 123 , 750. 00. The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town of Ithaca Water System Benefitted Area derived from revenues assessed against the properties which are deemed benefitted by said improvement ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road , and the providing of said Town of Ithaca Water System Improvement - 1994 therein , and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209 - q of the Town Law ; NOW , THEREFORE, IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the 11 th day of July , 1994 , at 7 : 00 o ' clock P. M . , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road and the providing of said Town of Ithaca Water System Improvement - 1994 - Coddington Road therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York , is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk , not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209 -q of the Town Law , 1 Section 3 . This order shall take effect immediately. The question of the adoption of the foregoing order was upon motion of Mr. Conley , seconded by Mr. Niklas , duly put to a vote on a roll call , which resulted as follows : Supervisor Whitcomb Voting Aye Councilperson Valentino Voting Aye 2 CoddRd.ph , wpSlrrh, June 22, 19949:55am Councilperson Klein Voting Aye Councilperson Harrison Voting Aye Councilperson Niklas Voting Aye Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye The order was thereupon declared duly adopted . DATE : June 13 , 1994 Joan nt Noteboom , Town Clerk 3 Town Board Meeting 6 / 13 / 94 Agenda Item No . 10 Troy Road Extension of Water ORDER FOR PUBLIC HEARING Resolution No . 124 IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 1994 , TROY ROAD IN THE TOWN OF ITHACA , TOMPKINS COUNTY, NEW YORK PURSUANT TO ARTICLE 12- C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County, New York, held at 126 East Seneca Street, in Ithaca , New York , in said Town , on the 13th day of June , 1994 , at 5 : 30 o ' clock P . M . Standard Time . PRESENT: Supervisor John Whitcomb Councilperson Catherine Valentino Councilperson David Klein Councilperson Karl Niklas Councilperson Ellen Harrison Councilperson Grigorov Councilperson Edward Conley ABSENT: None WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 - C of the Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1994 - Troy Road , and hereinafter also referred to as " improvement " , to provide such water improvement including extensions , to the present Town water improvement, such water system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker, P. E. , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Water system Improvement - 1994 shall be known as the Town of Ithaca Water System Benefitted Area - 1994 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Water System Improvement - 1994 consists of the water improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : Ordenph , wpSlith , June 22, 1994 9:55am Construction and installation of new 8 " water main to provide water service for a portion of the properties in the Ridgecrest Road - Troy Road Area running from Ridgecrest Road across property owned by John and Amy Little to Troy Road and running approximately 1500 feet along Troy Road , together with related facilities , and WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 163 , 375 . 00. The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from the town of Ithaca Water System Benefitted Area derived from revenues assessed against the properties which are deemed benefitted by said improvement ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Water System Benefitted Area - 1994 - Troy Road , and the providing of said Town of Ithaca Water System Improvement - 1994 - Troy Road therein , and to hear all persons interested in the subject thereof, all in accordance With the provisions of Section 209 - q of the Town Law ; NOW , THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the 11 th day of July , 1994 , at 6 : 45 o ' clock P . M . , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Water System Benefitted Area - 1994 - Troy Road and the providing of said Town of Ithaca Water System Improvement - 1994 - Troy Road therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law . Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York , is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Joumal , and also to post a copy thereof on the Town signboard maintained by the Clerk , not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209 - q of the Town Law . Section 3 . This order shall take effect immediately. The question of the adoption of the foregoing order was by motion of Ms. Valentino , seconded by Mr. Niklas , duly put to a vote on a roll call , which resulted as follows : Supervisor Whitcomb Abstained Councilperson Valentino Voting Aye 2 Order.ph , wpSlith , June 22, 1994 9:55am Councilperson Klein Voting Aye Councilperson Harrison Voting Aye Councilperson Niklas Voting Aye Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye The order was thereupon declared duly adopted , DATE : June 13 , 1994 L" L+ I Joa Lent Noteboom , Town Clerk 3 Town Board Meeting 6 / 13 / 94 Agenda Item No . 12 West Haven Road Sewer Resolution No . 125 ORDER FOR PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED SEWER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED SEWER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA SEWER SYSTEM BENEFITTED AREA - 1994 , IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PURSUANT TO ARTICLE 12 - C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street, in Ithaca , New York, in said Town , on the 13th day of June , 1994 , at 5 : 30 o ' clock P . M . Standard Time, PRESENT: Supervisor John Whitcomb Councilperson Catherine Valentino Councilperson David Klein Councilperson Karl Niklas Councilperson Ellen Harrison Councilperson Edward Conley Councilperson Carolyn Grigorov ABSENT: None WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12 - C of the Town Law of sewer system improvements to be known and identified as the Town of Ithaca Sewer Improvement - 1994 , and hereinafter also referred to as " improvement " , to provide such sewer improvement including extensions , to the present Town sewer improvement, such sewer system improvement to be constructed and owned by the Town of Ithaca , and WHEREAS , said plan , report and map have been prepared by Daniel Walker, P. E. , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Sewer System Improvement - 1994 shall be known as the Town of Ithaca Sewer System Benefitted Area - 1994 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Sewer System Improvement - 1994 consists of the sewer improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : Ortler.phs, xpSlith , June 22, 1994 9:55am Construction and installation of new 8 " sewer main to provide sewer service for a portion of the properties on West Haven Road and Mecklenburg Road running from the approximate intersection of the stream crossing West Haven Road and West Haven Road to Mecklenburg Road and southerly along Mecklenburg Road to connect to the sewer line currently located in Mecklenburg Road . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $215 , 000. 00. The proposed method of financing to be employed by said Town of Ithaca consists of the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed twenty years , such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca Sewer System Benefitted Area which are deemed benefitted by said improvement, so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Sewer System Benefitted Area - 1994 , and the providing of said Town of Ithaca Sewer System Improvement - 1994 therein , and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209 - q of the Town Law ; NOW , THEREFORE, IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street , in said Town , on the 1 1 th day of July , 1994 , at 7 : 30 o ' clock P. M . , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Sewer system Benefitted Area - 1994 and the providing of said Town of Ithaca Sewer System Improvement - 1994 therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2 . The Town Clerk of the Town of Ithaca , Tompkins County , New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal , and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209- q of the Town Law. Section 3 . This order shall take effect immediately. The question of the adoption of the foregoing order was , upon motion made by Mr. Niklas 2 i Order.phs, µp51ith , June ?Z, 1994 9:55arn and seconded by Mrs . Valentino , duly put to a vote on a roll call , which resulted as follows : Supervisor Whitcomb Voting Aye Councilperson Valentino Voting Aye Councilperson Klein Voting Aye Councilperson Harrison Voting Aye Councilperson Niklas Voting Aye Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye The order was thereupon declared duly adopted . DATE : June 13 , 1994 Joan Lent Noteboom , Town Clerk i 3 Town Board Meeting 6 / 13 / 94 Agenda Item No . 13 a - j Consent Agenda Items Resolution No . 126 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and / or adopts the Consent Agenda Items resolutions as presented to the Town Board on June 13 , 1994 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : June 13 , 1994 1,+ , Joan Lent Noteboom , Town Clerk i Town Board Meeting 6 / 13 / 94 Agenda Item No , 13a Town Board Meeting Minutes 5 / 9 / 94 Resolution No . 126a WHEREAS , the Town Clerk has presented the Town Board Meeting Minutes for the regular meeting held May 9 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed said minutes as written ; now therefore be it RESOLVED , that the Town Board does hereby approve and adopt the said minutes as the official minutes of the Town Board for the meeting held May 9 , 1994 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 6 / 13 / 94 Agenda Item No . 13b Financial Report - May 1994 Resolution No . 126b WHEREAS , the Assistant Budget Officer has presented the Financial Report of the Town of Ithaca for the month ending May 31 , 1994 to the Town Board for their review and approval ; and WHEREAS , the Town Board has discussed and reviewed the said report ; now therefore be it RESOLVED , the Town Board does hereby adopt the said report as the official Financial Report for the month indicated . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 ,,. Joan Lent Noteboom , Town Clerk Town Board Meeting . 6/ 13 / 94 Agenda Item No . 13c Town of Ithaca Warrants Resolution No . 126c - 1 WHEREAS , the warrant with the following numbered listing of vouchers has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . General Townwide Vouchers : No . 265 - 309 $ 66 , 829 . 66 General Outside Village Vouchers : No . 145 - 169 10 , 768 . 35 Highway Vouchers : No . 145 - 178 102 , 585 . 29 Water Vouchers : No . 131 - 141 38 , 233 . 42 Sewer Vouchers : No . 131 - 145 50 , 625 . 60 Trust & Agency Vouchers : No , 142 , 143 , 263 35 , 626 . 06 Lighting District Vouchers : No . 13 - 15 11063 . 85 Capital Projects Vouchers : No . 16 - 19 28 , 548 . 42 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk i I Town Board Meeting 6 / 13 / 94 Agenda Item No , 13c Additions to Town of Ithaca Warrants Resolution No . 126c - 2 BE IT RESOLVED , the Town of Ithaca Town Board hereby approves the payment of $ 4 , 125 to Gadabout Transportation Services and $ 4 , 356 to the Tompkins County Senior Citizens Council for the Town of Ithaca ' s share of these county wide services . MOVED : Councilman Niklas Carried Unanimously SECONDED : Supervisor Whitcomb DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk i i Town Board Meeting 6 / 13 / 94 Agenda Item No , 13d Bolton Point Warrants Resolution No . 126d WHEREAS , the warrant with the following numbered listing of vouchers for Bolton Point has been presented to the Town Board for approval of payment ; and WHEREAS , said warrant has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board does hereby authorize the payment of said vouchers as numbered and listed on the warrant . Operating Fund Vouchers : No . 338 to 413 $ 170 , 573 . 06 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilwoman Valentino DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk i i 1 i Town Board Meeting 6 / 13 / 94 Agenda Item No , 13e Town of Ithaca Investment Policy Resolution No . 126e WHEREAS , it is necessary to adopt annually an Investment Policy for the Town of Ithaca ; and WHEREAS , the Town of Ithaca Town Board wishes to comply with the NYS Office of the State Comptroller recommendation for the format of said policy ; and WHEREAS , the Town Board has studied and reviewed the Investment Policy as presented ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby adopts the Town of Ithaca Investment Policy ; and be it further RESOLVED , that the Town Board hereby authorizes the Tompkins County Trust Company as the financial institution for deposits and that the maximum amount authorized on deposit be $ 9 , 000 , 000 . 00 . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk I I Town Board Meeting 06 / 13 / 94 Agenda Item No . 13f Budget Amendment - Municipal Summer Jobs Program Resolution No . 126f - 1 WHEREAS , at May 9 , 1994 Town Board meeting the Town of Ithaca Town Board authorized to contract with the Ithaca Youth Bureau to hire additional youth through the Municipal Summer Jobs program at a cost of $ 5 , 100 . 00 ; and WHEREAS , this additional expense will cause that account to be over budget , therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize the following budget amendment : Increase A3820 St . Aid Youth & Aging $ 2 , 550 . 00 , increase A7320 . 404 Community Services $ 5 , 100 . 00 and decrease A1990 . 400 Contingent Account $ 2 , 550 . 00 . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 Q"' L.+ Joan Lent Noteboom , Town Clerk i Town Board Meeting 06. / 13 / 94 Agenda Item No . 13f Budget Amendment - Election Expenses Resolution No . 126f - 2 WHEREAS , the Ithaca Town Board has approved payment of election expenses to Tompkins County of $ 15 , 403 . 74 and WHEREAS , this was an unbudgeted expense for 1994 , now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize a budget amendment to increase A1450 . 403 Election Board Expenses $ 15 , 450 . 00 and decrease A1990 . 400 Contingent Account $ 15 , 450 . 00 . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk i Town Board Meeting 6 / 13 / 94 Agenda Item No . 13g Records Management Disposition Listing Resolution No . 1268 WHEREAS , the Town of Ithaca has completed the inventory phase of the Records Management Program as outlined by the State Archives and Records Administration ( SARA ) ; and WHEREAS , the Records Management Officer has determined that the attached listing of outdated and duplicate copies of records are eligible for disposition according to the Records Retention and Disposition Schedule MU - 1 ; and WHEREAS , the Supervisor , and Department Heads shall review and approve disposition of said records before disposition ; now therefore be it RESOLVED , the Town Board does hereby authorize and direct the Records Management Officer to dispose of the records as described in the attached listing according to the procedure developed by SARA . 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O m (n n 0 G H• � n o rti O n n R n n Lo W G H• a O m In a :U C 7 Y W (n W r l 9 rt 1 m ° (D n n n ° eu rt 9 . w m y ° o H• a ° m o o n 'K rr < n "O G ° R He He O O O rt C rt N (D m n W n ::r (D �. cn m art a Y G W r. m m n cn H o v n O m (D p, \ r b > o m Lo � rt rt H n m cn R m (D n rD m o v rt O r- O )e-• O r En O O -• O �- O %.O %lo tr O �j ON 00 .L�% O J N tD co d :v \ 00 \ \ \ \ \ \ \ \ \ \ co \ > CT] Do � Oo Oo Oo 07 00 co �4 co 00 47 O co H n V 1 In In In N N leo N W QN � m O O 1 1 1 1 1 1 11 1 -1 1 i- O O O O O O r-• O r O O \ \ \ \ \ \ \ \ \ \ \ a% io co O 00 00 0o W co co 00 00 \ O ON In .tom In a, v W w v Ln �o \ O 00 00 O El r LO %.o O� O N �D N 00 N %10 to d d \ E \ \ \ \ \ \ \ \ 00 \ a H m m � O O �10 to to 00 00 �10 rn to H cn Naa Nln , rN wto %1oW ra ro H• H• \ O W W to (n f7 rr H m (D y H O Z j a r n A H G C O • 9 H z a M H r R H y K TOWN BOARD MEETING 6 / 13 / 94 AGENDA ITEM NO , 13h , APPROVAL OF SENIOR ACCOUNT CLERK / TYPIST JOB DESCRIPTION AND SALARY RANGE Resolution No . 126h WHEREAS , this upgraded position in the Accounting Dept , requires increased responsibility and skills , and WHEREAS , a new job description was necessary to reflect these upgrades , and WHEREAS , a new salary range is required to allow adequate payment to personnel filling this position , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attached Senior Account Clerk / Typist Job Description and , BE IT FURTHER RESOLVED , the Town Board of the Town of Ithaca does hereby approve a salary range of $ 8 . 50 - $ 12 . 50 per hour for this position . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 19944 Joan Lent Noteboom , Town Clerk TOWN OF ITHACA JOB DESCRIPTION SENIOR ACCOUNT CLERK / TYPIST JOB FUNCTION To perform complex bookkeeping transactions , produce financial reports , financial recordkeeping and general clerical support to the Accounting Department with limited supervision . JOB STATUS This is a full - time , non - exempt position with a standard work week of 37 1 / 2 hours . SUPERVISED BY Assistant Budget Officer SPECIFIC MAJOR DUTIES Posts figures to appropriate accounts , makes necessary adjustments , balances and verifies accounts , bills for payment , and / or issues checks . Prepares , balances , verifies , and adjusts audits ; monitors a variety of accounts ; and issues reports as required . Working from rough draft or from data personally developed , produces accounting and financial statements , purchase orders , statistical tabulations and data . Provides information either orally or in writing in response to inquiries on status of accounts , purchases , and bills . Assists in reviewing complex financial documents , classifies them and distributes items into a variety of accounts according to prescribed procedures and policies ; Clerical duties including typing , filing , recordkeeping as requested . EDUCATION AND WORK EXPERIENCE REQUIRED Associate degree in Accounting and two years related experience or High School Diploma with five years related experience or a combination of education and experience . SPECIAL SKILLS Good problem solving , math , typing and computer skills . Some knowledge of LOTUS 1 - 2 - 3 desirable . Full - charge bookkeeping , organizational skills , confidentiality and flexibility required . 5 / 94 i TOWN BOARD MEETING 6 / 13 / 94 AGENDA ITEM NO , 13i . APPROVAL TO AMEND ACCOUNT CLERK / TYPIST JOB DESCRIPTION Resolution No . 1261 WHEREAS , the reorganization of positions in the Accounting Dept . has changed the duties and status of this position , and WHEREAS , it is necessary to amend the existing job description to reflect these changes , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attached amended job description for the Account Clerk / Typist position . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 oear ,., L � tzc c� Joan Lent Noteboom , Town Clerk I TOWN OF ITHACA JOB DESCRIPTION ACCOUNT CLERK / TYPIST JOB FUNCTION To provide standard bookkeeping , data entry , typing , and filing support to the Accounting Department . JOB STATUS This non - exempt position is part - time , with a standard work week of 20 hours , or full - time , with a standard work week of 37 1 / 2 hours , depending upon individual appointment . SUPERVISED BY Assistant Budget Officer Secondary supervision by Personnel Manager SPECIFIC MAJOR DUTIES Performs all payroll functions , including : collection of timesheets , payroll input , verification and balancing of output , payment of employment taxes and payroll deductions . Reconciliation of bank statements ; Transfer and deposit funds ; Assist in bill and voucher preparation and bill payments ; Water bill data entry ; Assist in ordering supplies ; Computer posting of cash receipts / cash disbursements ; General typing and filing ; Other duties as assigned . EDUCATION AND WORK EXPERIENCE REQUIRED High school diploma , preferably with business major . One year experience in similar position . SPECIAL SKILLS Good typing , math and computer skills . Some knowledge of Wordperfect and LOTUS 1 - 2 - 3 desirable . Bookkeeping , confidentiality , organizational skills , and flexibility required . 5 / 94 TOWN BOARD MEETING 6 / 13 / 94 AGENDA ITEM NO . 13j , APPROVAL TO AMEND HIGHWAY MECHANIC JOB DESCRIPTION Resolution No . 126j WHEREAS , the vacancy in the mechanic position required a re - evaluation of the duties and skills required , and WHEREAS , amendments of this job description are necessary to accurately outline the responsibilities and skills required , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve the attached amended job description for the Highway Mechanic position . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk i i 9 8 TOWN OF ITHACA JOB DESCRIPTION HIGHWAY MECHANIC POSITION JOB FUNCTION Repair and preventive maintenance program of Town highway equipment and vehicles , including ordering related parts and supplies . JOB STATUS This is a full - time , non - exempt position eligible for overtime compensation for hours worked over 40 hours per week . SUPERVISED BY Town Highway Superintendent SPECIFIC MAJOR DUTIES Equipment and vehicle maintenance and repair . This includes minor repairs and maintenance such as : changing oil and filters , greasing , inspection of equipment , lights , tires , etc . and major repairs such as overhauling engines , performing brake jobs , rebuilding differentials and transmissions , etc . Service , repairs , and maintenance records are maintained on all equipment and vehicles . Purchasing needed parts and supplies when approved by the Highway Superintendent . Welding , fabricating and painting equipment and vehicles . Seasonal snow plowing and cindering , paving , brush & leaf pickup . Prior to beginning of the winter season , putting plows and cinderspreaders on trucks . Building maintenance and general housekeeping duties . Other duties as directed . EDUCATION AND WORK EXPERIENCE High School diploma required . Automotive or diesel repair certificate preferred . Three years experience as lead mechanic , with large equipment and vehicle repair and maintenance . A valid Class B New York State driver ' s license and clear driving record is required . SPECIAL SKILLS Ability to keep accurate records for vehicle maintenance Purposes . Must be tactful , courteous , and possess good communication and organizational skills . 5 / 94 Town Board Meeting 6 / 13 / 94 Agenda Item No . 14 Ethics Disclosure Statements Resolution No . 127 WHEREAS , the Attorney for the Town and the Personnel Manager have raised concerns regarding the request for Town officials and employees to disclose their memberships in profit and / or not for profit organizations on the Ethics Disclosure Statements as it may be construed as an invasion of privacy ; now therefore be it RESOLVED , that the Town Board hereby refers the consideration of the wording on the Ethics Disclosure Statements and the possible amendment to the Local Law regarding memberships in profit and / or not for profit organizations to the Ethics Board for their recommendation ; and be it further RESOLVED , that the Ethics Board shall receive a copy of the memo from the Personnel Manager which explains the concerns as discussed by the Town Board and the Attorney for the Town . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : June 13 , 1994 Q., 1'i: lnxt'� Joan Lent Noteboom , Town Clerk I FINAL MEMORANDUM TO : JOHN WHITCOMB FROM : PAT PUNGER , PERSONNEL MANAGER DATE : MAY 13 , 1994 RE : REVISED ETHICS DISCLOSURE FORMS I misunderstood the Ethics information in the Town Board packets to mean that this draft still had to go to John Barney for approval . I did not think this was the final format ; therefore , did not thoroughly review it beforehand . After reading and contemplating the repercussions which can arise from the requirements of this form , or at least my interpretation of its requirements , I feel the Town is seriously opening itself up for Human Rights lawsuits . SCENARIO : A new department head or professional employee is hired . She completes this Ethics Disclosure Form , listing herself as a member of a lesbian organization . At the end of her probationary period , she is separated from service for poor job performance . She immediately claims she is discriminated against because she is a lesbian , which she has never revealed publicly , and files a lawsuit . By requiring employees to disclose every organization they and all family members belong to means naming organizations including all : religious , political , union , race , national heritage , reproductive advocacy , sexual persuasion , etc . organizations . I personally feel it is not the Town of Ithaca ' s concern if I am a member of the Girl Scouts of America , Temple Beth E1 or the East Hill Witch Covenant , nor do I feel other employees should be forced to reveal their personal outside memberships . Evidently John Barney has cleared this requirement on a legal basis ; therefore , I have not researched if this is a violation of the NYS Human Rights Law or Tompkins County Local Law C ( which makes these disclosures illegal as pre - employment questions ) . Whether legal or not , I strongly request that you and the Town Board review these requirements , or define " organization " in a more specific way , for democratic and moral reasons . Thank you . ty OF IT� Agenda Item # j4f. - F� TOWN OF ITHACA FINAL 21 44- 126 EAST SENECA STREET , ITHACA , N . Y . 14850 NN CLERK 273- 1721 HIGHWAY 273- 1656 PARKS 273-8035 ENGINEERING 273- 1747 PLANNING 273- 1747 ZONING 273- 1783 FAX (607) 273 - 1704 MEMORANDUM TO : ETHICS BOARD MEMBERS FROM : JOAN LENT NOTEBOOM , TOWN CLERK DATE : MAY 17 , 1994 RE : REVISED ETHICS DISCLOSURE STATEMENTS The Town Board of the Town of Ithaca at its regular meeting in May , passed a resolution approving the revised ethics disclosure statement which is attached . After reviewing the revisions , Pat Punger , Personnel Manager , questioned the requirement that employees list memberships in " organizations " . ( Memo to John Whitcomb attached ) The Town Board will probably again review the revisions as recommended by the Ethics Board in relation to the concerns noted by Ms . Punger at the June 13 , 1994 Town Board meeting . F DRAFT DISCLOSURE OF TOWN OF ITHACA FOR 19 Last Name First Name Initial Title Department or Agency Work Address Phone No . If the answer to any of the following questions is " none please so indicate . 1 . Real Estate Ownership . List the address of each piece of property that you or any member of your family own or have a significant financial interest in . List only real estate that is in the Town of Ithaca ( the " Town " ) or outside the Town but adjacent to the Totin ' s boundaries . " Family " means your spouse or equivalent member of a household sharing living expenses with you , and any of the following , if residing with you : child , step - child , brother, sister, parent, or person you claimed as a dependent on your latest state income tax return . " Significant financial interest " shall mean an ownership interest of more than ten percent . " Significant financial interest " shall also include a security interest in the property ( such as a mortgagee ) of more than $ 100 , 000 . 00 . Name of Relationship Address of Nature and Extent Family Member To You Real Estate of Investment 2 . Outside Interests . List the name of any partnership , unincorporated ass_ ociatio_ n_, or unincorporated business ( located in the State of New Yor or which does busine— ss` in the State of New York ) of which ou or any member of your family ( as defined above is a member, officer, or employee , a�i s a signi cant proprietary interest ( an ownership in Brest of more than 10 % ) . Also list the name of any corporation , whether for- profit and not- for- profit ( located in the State of New York or which does business in the State of New York ) of which you or any member of your family is an officer, director, or employee , or owns or controls , individually or in combination with you or other members of your family , more than 10 % of the out standing stock . Also list the nature of any self - employment from which you or a member of your family has derived gross income of more than $ 5 ,000 . 00 during the previous twelve months . Town Board Meeting 6 / 13 / 94 Agenda Item 17 Americans With Disabilities Act Resolution No . 128 WHEREAS , the Town of Ithaca Town Hall must be incompliance with the Americans With Disabilities Act by January 1995 ; now therefore be it RESOLVED , that the Building Inspector / Zoning Officer is hereby authorized and directed to determine the costs to produce a handicap ramp on the front of the Town Hall , costs for making the changes to the rear ramp , and costs for purchasing the items needed to make the other necessary changes to the bathrooms , doorways , etcetera for the Town Hall to be in compliance with the Americans With Disabilities Act . MOVED : Councilwoman Valentino SECONDED : Councilman Niklas Carried Unanimously DATED : June 13 , 1994 (a" 4'3� /A Joan Lent Noteboom , Town Clerk i TOWN BOARD MEETING 6 / 13 / 94 AGENDA ITEM NO , 19 REGULAR APPOINTMENT OF FRED NOTEBOOM , HIGHWAY SUPERINTENDENT Resolution No . 129 WHEREAS , Fred Noteboom has successfully completed his six month probationary period as Highway Superintendent , and WHEREAS , at the time of his original appointment , it was agreed that a full review , including salary would be made at the end of the probationary period , now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby appoint Fred Noteboom , regular Highway Superintendent , at an annual salary of $ 30 , 500 , retroactive to May 4 , 1994 . Full benefits apply . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 6 / 13 / 94 Agenda Item No , 20 Agreement - Trading of Equipment and Services , Highway Department Resolution No . 130 WHEREAS , the Highway Superintendent has requested that the Town of Ithaca enter into an agreement with Tompkins County for the Trading of Equipment and Services with the Highway Superintendent ; and WHEREAS , the Town Board has reviewed and discussed the said agreement but there have been concerns raised regarding insurance liability and closure of trade offs should the agreement be terminated ; now therefore be it RESOLVED , that the Town Board approves of the agreement for trading of equipment and services by the Highway Department with Tompkins County in principle , with such changes in it as may be determined by the Highway Superintendent and the Town Supervisor with the advice of the Attorney for the Town . MOVED : Councilwoman Valentino SECONDED : Councilman Niklas Carried Unanimously DATED : June 13 , 1994 Lx I! ti.. Joan Lent Noteboom , Town Clerk Town Board Meeting , June 13 , 1994 Agenda Item No . 21 Bid Acceptance of New Tractor / Loader / Backhoe Resolution No . 131 WHEREAS , bids were received for a new tractor / loader / backhoe ; and WHEREAS , the Highway Superintendent reviewed and compared the bid specifications with the bids and has found that only one , the one from S . C . Hansen , Inc . meets all bid specifications ; and WHEREAS , upon the Highway Superintendent ' s findings he recommends that the Town Board accept the bid from S . C . Hansen , Inc . ; now therefore be it RESOLVED , that the Town of Ithaca Town Board accepts the respective bid from S . C . Hansen , Inc . ; and be it further RESOLVED , the Highway Superintendent is hereby authorized and directed to purchase one new tractor / loader / backhoe as specified for a price of $ 55 , 973 with the monies to be taken from the DB5130 . 200 account . MOVED : Councilman Conley Carried unanimously SECONDED : Councilman Niklas DATED : June 13 , 1994 Q, L+ I t Joan Lent Noteboom , Town Clerk Is Town Board Meeting 6 / 13 / 94 Agenda Item No , 23 Public Hearing Date - Special Land Use District Resolution No . 132 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held September 12 , 1994 , at 6 : 30 p . m . at the regular monthly meeting of the Town Board in order that the Town Board may consider adoption of the Special Land Use District ; and be it further RESOLVED , the Special Land Use District shall appear as an agenda item immediately preceding the time set for the Public Hearing , MOVED : Councilwoman Harrison SECONDED : Councilman Niklas Carried Unanimously DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk i Town Board Meeting 6 / 13 / 94 Agenda Item No . Additional 1 Attendance at Seminar - Administrative Secretary Resolution No . 133 WHEREAS , Administrative Secretary Mary Bryant has expressed a desire to attend the one day , " Business Grammar and Usage for Professionals Seminar " to be held in Ithaca , New York , August 25 , 1994 ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves the attendance of Ms . Bryant at said seminar on August 25 , 1994 , at a cost not to exceed $ 125 . 00 . MOVED : Councilwoman Valentino SECONDED : Councilman Niklas Carried Unanimously DATED : June 13 , 1994 Joan Lent Noteboom , Town Clerk i Town Board Meeting 6 / 13 / 94 Agenda Item No . Additional 2 Agreement Records Management Consulting Services Resolution No . 134 WHEREAS , the State Archives and Records Administration ( SARA ) awarded funds to the Town of Ithaca through the Local Government Records Management Improvement Fund ( LGRMIF ) to contract with an archival consultant to develop an archival program , select records for microfilming , and present methods of arranging and describing records ; and WHEREAS , the Records Management Officer has solicited cost quotes , reviewed resumes , and interviewed certified archivists who are qualified to complete the tasks as recommended by SARA ; and WHEREAS , the Records Management Officer has recommended the Town of Ithaca enter into an agreement with Suzanne Etherington , Ph . D . ; Certified Archivist whose qualifications and experience most closely meet the needs of the Town ; and WHEREAS , under the agreement Ms . Etherington would be paid $ 750 . 00 for three days work , to be expended from account A1460 . 400 ; and WHEREAS , Ms . Etherington has agreed to hold the Town of Ithaca harmless during the term of the agreement ; now therefore be it RESOLVED , the Town of Ithaca Town Board does hereby authorize and direct the Town Clerk / Records Management Officer to enter into an independent contractor agreement with Dr . Suzanne Etherington for three days of consulting services to help develop an archival program , select records for microfilming , and present methods for arranging and describing records under the Records Management Program ; and be it further RESOLVED , said consulting services shall be performed no later than June 30 , 1994 , with payment made to Ms . Etherington on that date so the Town may meet the financial requirements of the ( LGRMIF ) grant . MOVED : Councilwoman Valentino SECONDED : Councilman Niklas Carried Unanimously DATED : June 13 , 1994 Aft l Joan Lent Noteboom , Town Clerk Agenda # Additional 2 SUZANNE ETHERINGTON , Ph . D , Certified Archivist 595 Thompson Road North Syracuse, New York 13212 Telephone: ( 315) 458-3203 Fax: (315) 452-7003 Email : SSE @ SUVM . BITNET LETTER OF AGREEMENT June 8 , 1994 Joan Noteboom Town Clerk/RMO Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Dear Ms. Noteboom : This is a formal Letter of Agreement between the Town of Ithaca and Dr. Suzanne Etherngton concerning consulting services for three days of archival consulting for the Town of Ithaca Local Government Records Management Improvement Fund Inventory Project . . Suzanne Etherington will work with you to carry out the project activities discussed during our meeting yesterday, and described in the granting agency's letter of June 16 , 1993 . The total number of days required will be 3 . A daily rate of $250 will be charged for a total of $ 750 . This sum will include all report preparation costs. This agreement is solely between Suzanne Etherington and the Town of Ithaca for services Etherington will provide. If the terms of this letter are agreeable to you , please sign both copies and return one to me. Sincerely, Suzanne Etherington Joan Noteboom Town Clerk/RMO Town of Ithaca I I f rem: Suzanne Etherington , Ph,D. To: Joan Nolaboom vats : 0113194 Time : 08:24: 18 Pape 2 of 2 SUZANNE ETHERINGTON , Ph . D . Agenda # Additional 2 Certified Archivist 595 Thompson Road North Syracuse , New York 13212 Telephone : ( 315) 458-3203 Fax: (315) 452-7003 Email : SSE 0. SUVM . BITNET ADDENDUM TO THE LETTER OF AGREEMENT DATED JUNE 8 , 1994 June 1 ;3 , 1994 Joan Noteboom Town Clcrk/RMO Town of Ithaca 126 East Seneca Street Ithaca , New York 14850 Dear Ms . Noteboom : This is an Addendurn to the Formal Letter of Agreement between thc.c Town of Ithaca and Dr . Suzanne Etherington concerning consulting services for three Gays of archival consulting for the Town of Ithaca Local Government Records Management Improvement Fund Inventory Project . . Adak Suzanne Etherington agreee to hold harmlese the Town of Ithaca for any injuries she may suffer during the project activities described in the Formal Letter of Agreement between the Town of Ithaca and Dr. Suzanne Etherington . Town Board Meeting 6 / 13 / 94 Agenda Item No , Additional 3 Appointment : City / Town Route 13 Design Task Force Resolution No . 135 BE IT RESOLVED , the Town Board of the Town of Ithaca hereby appoints Councilwoman Ellen Z . Harrison to serve as the Town of Ithaca representative on the City of Ithaca / Town of Ithaca Route 13 Design Task Force . The term of appointment shall be immediate and shall remain in effect until the Task Force is disbanded . MOVED : Supervisor Whitcomb SECONDED : Councilman Niklas Carried Unanimously DATED : June 13 , 1994 Q"! ' J'J�� T Joan Lent Noteboom , Town Clerk Town Board Meeting 6 / 13 / 94 Agenda Item No . Additional 4 Appointment : Post Office Advisory Council Resolution No . 136 BE IT RESOLVED , the Town Board of the Town of Ithaca hereby appoints Councilwoman Carolyn Grigorov to serve as the Town of Ithaca representative on the Post Office Advisory Council . The term of appointment shall be immediate and shall remain in effect until the Advisory Council is disbanded . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : June 13 , 1994 Qni-VU Ij in"t - — I Joan Lent Noteboom , Town Clerk FINAL TOWN OF ITHACA C (Opy t . AFFIDAVIT OF . POSTING AND PUBLICATION Ir Joan Lent Noteboom r being duly sworn , say that I am the Town ' Clerk - of the Town of Ithaca ; Tompkins County , New York ; that the following notice has beer, duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has b.een duly published in the local newspaper . ( Ithaca Journal ) ( See Attached ) ORDER FOR PUBLIC HEARING - . P.roposed Sewer Improvement and the Establishment of a Proposed 'Sewer • Improvement Area - West Haven Road . Location of sign board used for posting : Town Clerk ' s Office 126 East Seneca Street Tthgra. NY 14850 Date of Posting : June 30 , 1994 Date of Publication . July 1 , 1994 To n Clerk ; Town of Ithaca STATE OF NEW YOMZ C0 dNTY OF TOMPKINS � ss OF ITHACA ) I Sworn to and subs �b Po,� ore me l his day of 19 � �` NOTARY PUBLIC STATE OF NEW YORK # 4646 427 , o _ar_ y ubl3. c jF� 3v � S ;Al,: The Ithaca Journal Fridav, July 1 , 1994 N, • "CAhntrrs .. . . .. . . .. . . . nni ir al9t . such detail as heretofore has of the sewer, improvements provement shall confer upon order to be ublished once in been determined by the Town set forth below, and In the the some; and the Ithaca Journal, and also Board of the Town of Ithaca areas of the Town as set forth WHEREAS it is now desired to post a copy thereof on the j Tompkins County, New York below and as more particu• to call a public hearing for Town signboard maintained I I. to the creation ana tarty sriown and described in the purpose of considering by the Clerk, not less than ten , construction, pursuant to Arti- said map, plan and report said plan, report and map nor more than twenty days , ORDER FOR PUBLIC cle 12L of the Town Law of present) on file In the Office and the establishment of said before the day designated for HEARING sewer system Improvements of the Town Clerk: Town of Ithaca Sewer System the hearing as aforesaid, all In the matter of the pro- to be known and identified Construction and installation Benefitted Areo- 1994, and in accordance with the provi• I viding of a pro osed as the Town of Ithaca Sewer of new 8 " sewer main to the providing of said Town of sions of Section 209q of the sewer improvement and Improvement- 1994 , and provide sewer service for a Ithaca Sewer System Town Law. the establishment of a hereinafter also referred to as pportion of the properties on Improvement- 1994 therein, Section 3. This order shall proposed sewer im - N. rovement to provide West Haven Road and Meck• and to hear all parsons inter• take effect immediately. provemant area to be such sewer improvement in. lenburg Road running from ested In the subject thereof, The question of the adoption known as the Town of cluding extensions, to the Pre• the approximate Intersection all In accordance with the of the foregoing order was, 1 Ithaca Sewer System sent Town sewer im • of the stream crossing West provisions of Section 209- upon motion mode by Mr. eenefitted Aroo- 1994, provoment, such sewer Haven Rood and West Haven of the Town Law; Niklas and seconded by Mrs . In the Town of Ithaca, system improvement to be Road to Mecklenburg Road NOW, .THEREFORE IT IS Valentino duly pul to vote on J ? Tompkins County, New constructed and owned by and southerly along ecklen HEREBY ORDERED, by the a roll call, w ich resulted as York pursuant to Article the Town of Ithaca and burg Rood to connect to the Town Board of the Town of follows: 12-C of the Town Law. WHEREAS, said plan, report sewer line currently located in Ithaca Tompkins County, Supervisor Whitcomb, Voting At a Regular Meeting of the and mop have been Pre. Mecklenburg Road. New York, as follows: - Aye Town Board of the Town of to by Daniel Walker, P. E., WHEREAS, the maximum Section 1 . A public hearing Councilperson Valentino, Vot• 1 Ithaca, Tompkins County, the Town Engineer a compo. proposed to be expended by will be held at 126 East Son. ing Aye Now ncYYork held at 126 East lhol State of Newri York and aforesaid of thaca for the is aco Street, in said Town, on Ay Klein, Voting f 9Ireel, in - Ithaca, the 1 1 th day of July, 1994, y Now York in said Town on have been filed in the office 5215,000.00PThe proposed at 7;30 o'clock P.M. , to con, Councilparson Harrison, Vot• the 13th day of June, 104 of the Town Clerk where they method of financing to be sider the aforesaid plan, re- ing Aye at 5 :30 o'clock P.M. Stan' available for public in• employed by said Town of port and map and the ues- Councilperson Niklas, Voting dard Time, spection, and Ithaca consists of the issuance lion of creating aid Town of Aye PRESENT: Supervisor John WHEREAS, the area of said ad serial bonds of said Town g Council erson Conley, Voting Ithaca Sewer System Benefit- P Y 8 j Whitcomb fitted Town ed betsa dnTowtn of I hate of st Ithaca Ilmente overia in eriod not led Area- 1994 and the pro- Councilperson Gri orov. Vol- Councilparson Catherine P viding of said Town of Ithaca P 9 Valentino Sewer yteem Improvement-- to exceed twenty ears, such Sewer System Improvement— ing Aye Councilperson David Klein 1994 shall be known as the bonds to be paid from assess- 1994 therein and to hear all The order was thereupon de- Councllperson Karl Niklas Town of Ithaca Sewer System merits levied upon and col- Persons interested In the sub- clared duly adopted. Councilperson Ellen Harrison Benefined Area- 1994 and (acted from the several lots act thereof and concerningg loan lent oteboom Councilperson Edward Con• consists of the entire area of and portals of land in said the same and to take sucF Town Clerk ley said Town excepting Town of It Sewer System action thereon as is required July 1 , 1994 Councilperson Carolyn therefrom the area contained Benefitted Area which are b low. Grigorov within the Village of Cayuga deemed benefitted by said Sec T tion 2. The Town Clerk NOTICE OF FILING o ABSENT. None HH/e�ights and improvement, so much upon of the Town of Ithaca, Clerk FINAL ASSEESSMENT Pi WHEREAS, a plan, report HEREiAS, the proposed and from each as shall be in kins County, New York is ROLL C and map has been duly pre- Town of Ithaca Sewer System just proportion to the amount hereby authorized and di- TOWN OF DRYDEN pared in such manner and in Improvement- 1994 consists of the benefit which the Im• ratted to cause a copy of this Notice of is hereby given that J� the Assessment Roll for 1994 Z=0 '1 ^ 6 ORDER FOR PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED SEWER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED SEWER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA SEWER SYSTEM BENEFITTED AREA - 19949 IN THE TOWN OF ITHACA , TOMPKINS COUNTY , NEW YORK PURSUANT TO ARTICLE 12-C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at 126 East Seneca Street, in Ithaca , New York, in said Town , on the 13th day of June , 1994 , at 5 : 30 o ' clock P. M . Standard Time. PRESENT: Supervisor John Whitcomb Councilperson Catherine Valentino Councilperson David Klein Councilperson Karl Niklas Councilperson Ellen Harrison Councilperson Edward Conley Councilperson Carolyn Grigorov ABSENT: None WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York, relating to the creation and construction , pursuant to Article 12-C of the Town Law of sewer system improvements to be known and identified as the Town of Ithaca Sewer Improvement - 1994 , and hereinafter also referred to as " improvement " , to provide such sewer improvement including extensions , to the present Town sewer improvement, such sewer system improvement to be constructed and owned by the Town of Ithaca, and WHEREAS , said plan , report and map have been prepared by Daniel Walker, P. E. , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Sewer System Improvement - 1994 shall be known as the Town of Ithaca Sewer System Benefitted Area - 1994 and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Sewer System Improvement - 1994 consists of the sewer improvements set forth below, and in the areas of the Town as set forth below, and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk: Order.phs, knSlith , June 22, 1994 9:55am Construction and installation of new 8 " sewer main to provide sewer service for a portion of the properties on West Haven Road and Mecklenburg Road running from the approximate intersection of the stream crossing West Haven Road and West Haven Road to Mecklenburg Road and southerly along Mecklenburg Road to connect to the sewer line currently located in Mecklenburg Road . WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 215 ,000.00. The proposed method of financing to be employed by said Town of Ithaca consists of the issuance of serial bonds of said Town of Ithaca to mature in annual installments over a period not to exceed twenty years , such bonds to be paid from assessments levied upon and collected from the several lots and parcels of land in said Town of Ithaca Sewer System Benefitted Area which are deemed benefitted by said improvement ; so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same ; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Sewer System Benefitted Area - 1994 , and the providing of said Town of Ithaca Sewer System Improvement - 1994 therein , and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209 -q of the Town Law ; NOW , THEREFORE, IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County , New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street, in said Town , on the 11th day of July, 1994 , at 7 : 30 o ' clock P. M . , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Sewer system Benefitted Area - 1994 and the providing of said Town of Ithaca Sewer System Improvement - 1994 therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2 . The Town Clerk of the , Town of Ithaca, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law. Section 3 . This order shall take effect immediately. The question of the adoption of the foregoing order was , upon motion made by Mr. Niklas 2 Onler.phs, %p5lith , June 22 , 1994 9:55am and seconded by Mrs . Valentino , duly put to a vote on a roll call , which resulted as follows : Supervisor Whitcomb Voting Aye Councilperson Valentino Voting Aye Councilperson Klein Voting Aye Councilperson Harrison Voting Aye Councilperson Niklas Voting Aye Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye The order was thereupon declared duly adopted . Joan Lent Noteboom Town Clerk June 30 , 1994 PUBLISH July � , 1994 3 TOWN OF 3THACA ; AFFIDAVIT OF POSTING AND PUBLICATION I , Joan Lent Noteboom ,. being duly sworn , say that I am . the Town ' Clerk. of the Town of .Ithaca , . Tompkins County , New York ; that the following notice has been duly Posted on •the * sign board of the Town Clerk of the Town of .Ithaca and that the notice has peen duly published in the local newspaper : ( Ithaca Journal ) Order For Public Hearing - Coddington Road Water Location of sign board used for posting : 126 East Seneca Street Ithaca , NY 14850 Date of Posting : July 12 , . 1994 Date of Publication : July 15 , 1994 Tow Clerk Town of Ithaca ATE OF NEW YORK UNTY OF TODLPKINS ss , ,TV7N OF ITHACA 4, Sworn ' L� Sworn to and subscribed before me this day of ' � r _ 7 -- - of and the establishment of said Town of Ithaca Wolar System Benelllted Area - 199A. i The Ithaca Journal Friday JUIV 15 1994.^ Coddington Road and the Providing of sold Town of ,` p� Ithaca Water 5yystem 'illaT s�, ��rR9 — i ORDER FOR PUBLIC . Improvement • 1 M . I . ,HEARING Coddington Road Ihereln, In Iho manor of the providing and to hear all parsons inler• ,� of o proposed water Im• ailed in the subject thereof, pI vemenlrond I o ,asiabfish• all In accordance with the I I meni of a proposed water . provisions of Section 209q improvement area to be of the Town law; I known as the Town of Ithaca • NOW. THEREFORE, IT IS i Water System 8enelilted HEREBY ORDERED, by the Areo•1994{odditigion Road Town Board of the Town of . in the Town of Ithaca Tomp Ithaca, 'Tompkins County, % kins County, New York pursu- New York, as follows: ant to Article 12{ of the Section 1 . A public hearing town low. will be held at 126 East Sen. At a Regular Meating of the eco Street, in said Town on Town Board of the Town of the I Ith day of July, 1094, ` I Ithaca, Tompkins County, of 7:00 o'clock P.M., to con. Now York held at 126 East, sider the aforesaid ppion, re• Seneca tweet, in Ithaca' port and map and the ques• New York in said Town on tion of creating said Town of % the 131h cloy of June, 1094, Ithaca Water System Benefit. ' at 5:30 o'clock P.M. Stan. led Aroo• 1994{oddingion I dard Time. 4. . • . 'J Road and the pproviding of L PRESENT: Supervisor . John . said Town: of hhoco Water Whitcomb $y am-,;. Improvement. 1994• 1 Councilperson ' Catherine. Coddington Rood ' therein I Valentino and to hoot all parsons inter. Covncilpenon David Klein ested in the subject thereof t Councilperson Karl Niklas and concerning the some and r Councilperson Ellen Harrison to lake such action thereon as Councilperson Grigorov is to, lied by low. . d Councilperson Edward Con Section 2. The Town Clerk . • leyy of the Town of hhoco; Tomp ABSENT:• None kins County, - New- York is WHEREAS, o plan, report hereby uthorized and di. ondsmop has been duly pre- "acted to cause o copy of this . , porisdan's H-monner and in order-to brs published once in ' such detail as heretofore has The Ithaca Journal, bnd also been determined by.ths Town to poll o copy thereof on the Board of the Town of Hhocov Town signboard maintained . Tompkins County; New York by the Clark, not less than fen ' rotating, p. the; creation oA nor more than twenty days conuruction, ppursoonl to Atli* . before the day designmod for cis 12{ of the Town Low Of the hooting as aforesaid; all water system - Improvements in accordance with the provi•' , to lz ekae�¢r�t��and .identifisd+ sions 'of Section 209q of Iho ' as opi=%lthoca Watsrk,Town Low. ' Improvaman1 . 1994 :S"Ilon 3.. This order. shall � Coddingtoalso n Road; and hara•.'take effect immediately. inaher referred to 01 • imm - The 'que uion of the adoption - provemenl',. to provide such .01 the foregoing order was . , water Improvement Including upon motion of Mr. Conls ee«IAoruS; Iia' u Ja 'I present ', seconded by Mr. Niklas, du Town..tivoter.%•Improvement,. put to rote on a role col ; I such water system im• ' whica vote on follows; • . provaieent J. constructed ' Supervisor Whitcomb, Voting Itho owned:by the Town of •Aye Ithaca, and •• Covncilperson Valentino; Vot; , I WHEREAS, said •pion, report In Aye and rap %hove been pre- Councilperson Hopison,. Vol• f pared by Daniel Walker, P.E., In A ♦ r . Town Engineer . 0 comps- Councilperson Niklm, Voing rent engineer.dvly tcensed by Aye I the a tote_ of New York one Councilperson Conley, Voting T have been tiled in the office Aye Of t�,fi Town Gark where they. Cauncilparson Grigorov, Vol. c are ovoilabIs lot public in ing Aye I Uion, and This order was thereupon do- E WHEREAS, rho area of said *clored duly adopted. Town determined to be bens• •, Joan lent Noteboom s breed by sold Town of Ithaca Joan Clerk j Water 5ysrem Improvement POSTED: Ju1v 12 1994 1994{oddington Rood shall July IS; 19 d " r ._. . , ., "'• be known - as ' the Town of Ithaca Water System Benefit. led %Area:1994{oddingron SI Rood and consisb at the an- O lire area of said Town excepF Ci ing• therefrom -the. area con P. tomed wlthin• the Village of. , L( Coyugo Helghts,. andi : ' TR WHEREAS, the proposed Town of Ithaca Water System. I m,pp r a y a m e n l • 1994 • - NI Coddington Rood consists of NI the ' woter ' Imptovemenls set a lorth below, and in the areas C 1 of the Town as ul forth be NI lov46.ond at more pa n" icularfy . a l +hpwn,ond described.ln said HE mo plan or+d, roport pros- Na ant on (i 6 )pp Jflq. QNice of a r Iho , Is ak: HE Consauclion and Installation' WI of new B' n491et main axten BA dons on Coddingeon Rood, .JAI Iheywolersmalo,Itsdf to be. , > inslo 9njho�oriheoslside of C dingfon' Rood iunningg: re fromtJhe• sent terminus of rho water line on Coddington Road oo the r Coddington ' In Rood Community, Center. .. • of WHEREAS, the % moxlmum' dot propossid.to be expended by 19 the,.Town, d •. lfho a .fa, the . ob ofp11soldUlmproJement ' Ii ' 60 $ 127,750.00. The proposed ' uro method . of ligonclog ' to be •,Sol employed �y sold . Town of. sal Ith9fp forlsii of expendiNre ', (ol of current revenues. and Sur. Cc plus funds from 'lho Town of . hh d,9ca,kYoter, 5yyitemBenefit• , Se Ied.'(Ne9{odslIngrors Rood }2r derived from revenues ' of, .9: seuod'agatnsethe raperties . of which are deemed benefined to by sold Improvement; and • . A WHEREAS, It 4 raw desired h to call o public hearing for Sf the purpose of considering TI said pion, motion and moo Is Q • ORDER FOR PUBLIC HEARING IN THE MATTER OF THE PROVIDING OF A PROPOSED WATER IMPROVEMENT AND THE ESTABLISHMENT OF A PROPOSED WATER IMPROVEMENT AREA TO BE KNOWN AS THE TOWN OF ITHACA WATER SYSTEM BENEFITTED AREA - 1994 - CODDINGTON ROAD IN THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK PURSUANT TO ARTICLE 12-C OF THE TOWN LAW . At a Regular Meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at 126 East Seneca Street, in Ithaca, New York, in said Town , on the 13th day of June , 1994, at 5 : 30 o ' clock P.M . Standard Time . PRESENT: Supervisor John Whitcomb Councilperson Catherine Valentino Councilperson David Klein Councilperson Karl Niklas Councilperson Ellen Harrison Councilperson Grigorov Councilperson Edward Conley ABSENT: None WHEREAS , a plan , report and map has been duly prepared in such manner and in such detail as heretofore has been determined by the Town Board of the Town of Ithaca , Tompkins County , New York , relating to the creation and construction , pursuant to Article 12-C of the Town Law of water system improvements to be known and identified as the Town of Ithaca Water Improvement - 1994 - Coddington Road , and hereinafter also referred to as " improvement" , to provide such water improvement including extensions , to the present Town water improvement, such water system improvement to be constructed and owned by the Town of Ithaca, and WHEREAS , said plan , report and map have been prepared by Daniel Walker, P. E . , the Town Engineer, a competent engineer duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection , and WHEREAS , the area of said Town determined to be benefitted by said Town of Ithaca Water System Improvement - 1994 - Coddington Road shall be known as the Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road and consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights , and WHEREAS , the proposed Town of Ithaca Water System Improvement - 1994 - Coddington Road consists of the water improvements set forth below, and in the areas of the Town as set forth below , and as more particularly shown and described in said map , plan and report presently on file in the Office of the Town Clerk : CoddRd.ph, wpSlhh, July 12, 199410:17am Construction and installation of new 8 " water main extensions on Coddington Road, the water main itself to be installed on the northeast side of Coddington Road running from the present terminus of the water line on Coddington Road to the Coddington Road Community Center. WHEREAS , the maximum proposed to be expended by the Town of Ithaca for the aforesaid improvement is $ 123 ,750.00. The proposed method of financing to be employed by said Town of Ithaca consists of expenditure of current revenues and surplus funds from the Town of Ithaca Water System Benefitted Area - Coddington Road derived from revenues assessed against the properties which are deemed benefitted by said improvement; and WHEREAS , it is now desired to call a public hearing for the purpose of considering said plan , report and map and the establishment of said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road , and the providing of said Town of Ithaca Water System Improvement - 1994 - Coddington Road therein , and to hear all persons interested in the subject thereof, all in accordance with the provisions of Section 209-q of the Town Law ; NOW, THEREFORE, IT IS HEREBY ORDERED , by the Town Board of the Town of Ithaca , Tompkins County, New York , as follows : Section 1 . A public hearing will be held at 126 East Seneca Street, in said Town , on the 11th day of July, 1994, at 7 : 00 o ' clock P.M . , to consider the aforesaid plan , report and map and the question of creating said Town of Ithaca Water System Benefitted Area - 1994 - Coddington Road and the providing of said Town of Ithaca Water System Improvement - 1994 - Coddington Road therein and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. Section 2. The Town Clerk of the Town of Ithaca, Tompkins County, New York, is hereby authorized and directed to cause a copy of this order to be published once in The Ithaca Journal, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid , all in accordance with the provisions of Section 209-q of the Town Law. Section 3 . This order shall take effect immediately. The question of the adoption of the foregoing order was upon motion of Mr. Conley, seconded by Mr. Niklas , duly put to a vote on a roll call , which resulted as follows: Supervisor Whitcomb Voting Aye Councilperson Valentino Voting Aye 2 CoddRd.ph, wpSlith, July 12, 199410:17ant Councilperson Klein Voting Aye Councilperson Harrison Voting Aye Councilperson Niklas Voting Aye Councilperson Conley Voting Aye Councilperson Grigorov Voting Aye The order was thereupon declared duly adopted . 3