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HomeMy WebLinkAboutTB Minutes 1994-10-13 F Htw Town of Ithaca Special Town Board Meeting Minutes October 13 , 1994 At a special 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 : PRESENT : Catherine Valentino , Deputy Supervisor ; Karl Niklas , Councilman ; David Klein , Councilman ; Carolyn Grigorov , Councilwoman ; Edward Conley , Councilman . EXCUSED : John G . Whitcomb , Supervisor ; Ellen Z . Harrison , Councilwoman ; Patricia Punger , Personnel Manager ; Jonathan Kanter , Town Planner . ALSO PRESENT : John Barney , Attorney for the Town ; Joan Lent Noteboom , Town @lerk ; Daniel Walker , Town Engineer ; Fred Noteboom , Highway / Parks Superintendent ; Andrew Frost , Building / Zoning Officer ; Sally Alario , Assistant Budget Officer . Call To Order - The Deputy Supervisor called the meeting to order at 5 : 08 p . m . , and led the assemblage in the Pledge of Allegiance . Agenda Item No . 2 - Executive Session : Motion made by Councilman Niklas , seconded by Councilman Conley to move into executive session to discuss litigation . Carried unanimously . Motion made by Councilwoman Grigorov , seconded by Councilman Niklas to move back to regular session . Carried unanimously . The Board resumed regular session at 5 : 19 p . m . Agenda Item No . 3 - Bid Proposals Award of Contract Water System Benefitted Area Troy Road and Coddington Road : Mr . Walker - There were eight bidders for the project . The high bid was $ 313 , 000 to a low bid of $ 170 , 510 . 36 by R . L . Stevers & Associates . The engineering for the project was about $ 230 , 000 . There were several bids within the range of the estimate . The Stevers ' bid was examined very closely as it was much lower than anticipated . There was a price for rock excavation which was lower than expected . There will be about 500 cubic yards of rock to be excavated . The estimate for this excavation was discussed with the bidder to make sure it was understood there would be hard rock involved . Mr . Stevers has a blasting license and the necessary equipment to do the excavation . The Town has had previous experience with Mr . Stevers . They completed the Kline Road sewer bypass work . That project was the same type of construction . There were no cost overruns on that job and the City was pleased with the work and the restoration . Councilman Klein - What is the normal price for rock excavation ? Mr . Walker - $ 40 . 00 to $ 60 . 00 per cubic yard . Mr . Stevers bid $ . O1 for Troy Road . Mr . Stevers does not expect any extraordinary work or problems . The bid was a conscience decision by Mr . Stevers . Councilman Niklas - Mr . Stevers would still be the lowest bid even if the $ 40 . 00 per cubic yard for excavation were added . Mr . Walker - Mr . Stevers will be providing a performance bond . Councilman Klein - Normally , when one bid is so much lower there may be cause to worry . Councilwoman Grigorov - Mr . Stevers may need the work very badly . Mr . Walker - There is very little work in the industry at this time . If the Town had not had a good experience with this comoanv in the past this bid may have been disqualified because of the� low quote on the rock excavation . There were two portions for the bid . Troy Road rock excavation was $ . Ol per cubic yard , the Coddington Road rock excavation was $ 40 . 00 per cubic yard . Most of the rock encountered on Troy Road will be off the road right of way making it less difficult . Councilman Niklas - Where will this rock be taken , the Town does have a fill permit law . Mr . Walker - Dumping of the rock will be watched very carefully . Most of the rock from Troy Road will be placed on the Little property adjacent to the site . Mr . Little has given his permission . Another land owner near Troy Road has requested the rock to construct a driveway . Motion made by Councilman Conley , seconded by Councilman Niklas authorizing the award of contract for the construction of the Water Improvement - 1994 , Troy Road extension for a base bid of $ 86 , 612 . 86 , with the alternate for the Coddington Road extension of $ 83 , 897 . 50 for a total of $ 170 , 510 , 36 to R . L . Stevers & Associates , Inc . , subject to final approval of the contract documents by the Town Supervisor , Town Engineer , and the Attorney for the Town . Carried unanimously . Agenda Item No . 4 - Consent Agenda Items • Motion made by Councilman Niklas , seconded by Councilman Klein approving and / or adopting the consent agenda items 4 ( a ) - 4 ( h ) as presented . Agenda Item 4 ( g ) shall be considered separately . Carried unanimously . Agenda Item No . 4 ( g ) - Solicitation for Bids One Ton Truck With Plow : Mr . Noteboom - The Parks one ton truck used for plowing is in need of replacement . This truck was budgeted for 1995 , however there are funds available this year . The parks appropriation line items do not usually have funds budgeted each year for equipment . If the truck were in the 1995 Budget it would look like a large increase . The Supervisor felt it is better to bid the truck before the end of 1994 and encumber the funds for payment . The budget next year will not be lower , the parks equipment line item will just remain at ( 0 ) , no monies budgeted . The truck will cost under $ 25 , 000 and be a ( 1 ) ton dump with plow , four wheel drive with dual wheels . Councilman Klein - The last page of the bid specifications shows the Town agreeing to make payment within 60 days after delivery date . It seems that would add to the cost of the truck . Mr . Noteboom - Depending on the date of delivery it could be over 30 days until the next Board meeting when approval for payment is made . Councilman Klein - A bidder may give a better price if payment would be made in 30 days rather than 60 days . Ms . Alario - There once was an incident where the company who delivered a vehicle assumed they would pick up the check for payment the minute it was delivered . Attorney Barney - The time frame should not be less than 45 days because it will take some time for accounting to process the necessary papers . There is no problem with leaving it at 60 days . The truck could be delivered anywhere from 30 to 120 days . Motion made by Councilman Klein , Councilman Niklas approving the specifications for the new 4 x 4 , ( 1 ) Ton Truck be approved . The Town Clerk is hereby authorized and directed to advertise and receive bids for the new 4 x 4 , ( 1 ) Ton Truck , with and without trading a 1987 Chevrolet ( 1 ) Ton Dump Truck with plow . Carried unanimously . Agenda Item No . 9 - Compliance Americans With Disabilities Act_ Mr . . Frost - In previous Board meetings a pressure treated ramp at the front of the building was discussed . A suggestion was made that a wheel chair lift could be constructed instead . If the lift were attempted with the building as it is now there is no room to place it . The base cost of installation without moving the stairs or front door would be $ 9 , 000 . There would also need to be a roof over the lift which would require extending the roof over the stairs . Therefore , the choices for compliance are the pressured treated ramp at $ 5 , 600 , the lift for $ 9 , 000 , or renovating the ramp on the back side of the building for $ 8 , 500 . Mrs . Noteboom - The Board had asked the staff to be questioned as to their preference , and a poll of staff revealed most would like the pressure treated ramp at the front of the building . Councilman Conley - The front ramp can be constructed in a way to allow it to be removed easily if the building were sold . Councilman Niklas - If the only concern is aesthetics Cornell University Landscape Architecture could be contacted to landscape the area as a class project . They will also provide the plants . Mr . Frost - ADA law required the Town in January 1993 to adopt a plan to be implemented by January 1995 . There are manv municipalities and the private sector who will probably not be in compliance . Motion made by Councilman Niklas , seconded by Councilwoman Valentino authorizing and directing the Building / Zoning Officer to have constructed a handicap access ramp at the front of the Tovm Hall , and to oversee the construction and installation of the necessary bathroom fixtures and door in the Town Hall downstairs bathroom in order that the Town will be compliance with the Americans With Disabilities Act by January 1995 . The cost to construct and purchase the necessary ramp and bathroom materials , and bathroom fixtures shall not exceed $ 6 , 375 . 00 . Mr . Frost - The City of Ithaca will be contacted so the Town is in compliance with any building or zoning ordinance permits . Motion called and carried unanimously . Agenda Item No . 6 - Water and Sewer Benefit Assessment Adjustment and Refund . Mr . Tomlinson has requested a refund of the benefit assessment adjustment near the Glendale Farm Subdivision . There were some changes in the parcels during the subdivision process when some of the back acreage became further detached from the sewer . Mr . Tomlinson also had a question as to how the number of units were determined . The units have been reviewed carefully . Mr . Tomlinson ' s computations are correct , the Town ' s computations were not . Mr . Tomlinson is due benefit assessment refunds for at least the year 1994 . It has been the Town ' s general policy to refund the current year the complaint is made . Mr . Tomlinson has totaled claims in the amount of $ 3600 for three years . Attorney Barney - The Town ' s policy is not to go back more than one year . Councilman Klein - Mr . Tomlinson ' s letter says he brought this to the attention of Erik Whitney , Assistant Town Engineer and it was ignored . Mr . Walker - The 1993 and the 1994 should be refunded . Councilwoman Valentino - Why exactly would the Town be refunding the money ? Mr . Walker - The benefit to the land of water and sewer is not as great as the Town ' s computations claimed , partially because of the subdivision . The benefit assessment formula is very complicated for large parcels of land . Part of the water unit billing was incorrect because portions of the land were at a higher elevation than what can be served . When the original calculations were made the tax maps were used , not the topography , it was assumed the whole parcel could have adequate water . Councilman Niklas - Can Mr . Tomlinson ' s claim that he made the Town aware of this be proven ? Mrs . Noteboom - Mr . Tomlinson refers to the Board minutes of 7 / 10 / 92 that can be verified . If the letter was given directly to Mr . Walker through Erik Whitney that may not be possible , although the letter would have a records retention of six years . Councilwoman Valentino - All the Board has presently is Air . Tomlinson ' s letter , there is no resolution which proves the legitimacy of refunding this money . There should be a resolution describing the whole problem . Mr . Walker - A memo from the Engineering Department can be drawn summarizing the entire problem . Mr . Whitney recompute the assessments and agrees with Mr . Tomlinson , Councilman Niklas - The resolution is a good idea . Verification can be made from the previous referenced minutes whether there is a record of this request . Mrs , Noteboom - The minutes referenced may be from a Planning Board meeting which could be researched . Councilman Niklas - The Town could now discuss the policy issue . The resolution would be drafted based on a refund of one year or for multiple years from when the complaint was known to the Town . Councilman Klein - In reading Mr . Tomlinson ' s letter there seems to be a legitimate complaint for all three years which is contrary to the Town policy . Part of it has to do with having to wait until the water pressures were verified . The land can ' t be served by the water service until pressure was determined . Maybe there truly wasn ' t a benefit . That may be a reason why the complaint could not be made earlier . It is fair to refund the money when there was no benefit . The delay was not Mr . Tomlinson ' s , Attorney Barney - The problem is that the Town has adopted the Policy of going back just one year . There may even be a statue of prohibition in refunding taxes going back two or three years . Mr . Tomlinson is asking for refunds for several years . There is no problem in refunding 1994 . Councilwoman Grigorov - Could the refund be made for 1993 since the process was started ? Attorney Barney - Mr . Tomlinson ' s own statement was he did not start the process until May of 1993 . Application at that time would result , had the process been followed , in an alternation of the 1994 billing . It is not sure if Mr . Tomlinson has done anything to justify a refund for the other years . There were probably other parcels where water pressure was or was not taken into account . If five years from now someone comes forward and says the water table doesn ' t come to the property , should be given a refund for five years ? You have to be careful about retroactively giving a refund , perspectively you do want to give the refund . Councilman Niklas - There is a difference from a resident coming to the Board after researching for a number of years and proving they were over assessed and are due a refund , versus someone who is aware of a problem and circumstances conspire where nothing is done for a lengthy period of time . From when a concern is voiced before the Town Board , to when it is verified , the Board is responsible for reimbursement . There are two different circumstances . It is conceivable there may be a situation where a Town Board is not approachable , not like this Town Board . A legitimate concern is made of over assessment and the Town Board just goes on for a number of years while the person is required to pay . That is not fair . It is not being said this Town Board did that , there are circumstances where other activities of Town staff do not allow expeditious resolution to a concern . Councilwoman Valentino - If some record can be brought forth showing the complaint and problem then it may work . Councilman Niklas - Obviously , if there is a statute of limitations the Board will not be able to go against that . Councilman Klein - If it is true that Mr . Tomlinson was waiting for the water pressure problems to be resolved , then his waiting the extra time to come forward is legitimate . Councilwoman Grigorov - It would not be pleasant to think town residents had to be careful the To =fm would be " cheating " them . Attorney Barney - It is not a question of " cheating " . If you are over assessed and you do not say anything when the assessment roll is prepared you still pay the taxes with no means of getting the money back , that is the law . Otherwise the Town cannot budget appropriately from one year to the next . There is no problem with prospectively do it , there is a concern in going back . If you go back two years for Mr . Tomlinson , the same set of circumstances may pertain to five or six people who may not think to protest it for another three years . Councilman Niklas - The Town policy should be reimbursement from the point where the Town resident makes it clear that there is a problem . In this particular case there is some ambiguity as to when the Town was made aware of the problem . Attorney Barney - It would be troubling if a casual comment at a meeting on July 10 , 1992 , even if the minutes showed the comment , are suddenly now the formal basis for a refund to be made in 1992 . Councilman Niklas - The Town should be responsible from when a formal complaint or request is made to the Town even if it takes several years to resolve , barring the statute of limitations . This is about policy now , not the individual case . Attorney Barney - If that is the case , this issue can be resolved now because it was May 1993 the formal request was made by Mr . Tomlinson by his own admission . That is for one year , 1994 . Mr . Walker - Mr . Tomlinson was shocked by the total benefit assessment in 1992 . There was a subdivision with some real estate transactions in 1993 . Mr . Tomlinson asked for a breakdown between a parcel being sold so at closing that amount could be charged to the buyer that calculation disclosed the discrepancy . Mrs . Noteboom - There is a process by which everyone has the opportunity to change the assessment before it goes for the tax roll . Attorney Barney - The hearings being held in November is the process , the public hearing for the assessment roll . That is the format for raising this issue . Councilman Niklas - I would like to see the resolution drafted , if the Board is agreeable , if by Mr . Tomlinson ' s own admission it is May of 1993 the resolution should show reimbursement from May 1993 . The resolution may perhaps say , " whereas , it is the Town Board ' s Policy to consider reimbursement of assessment from land once a formal request is made to review this " . Mr . Walker - There is always some time lag in the subdivisions because the parcels were not shown on the 1994 assessment . Lag occurs depending on the time of year the map is filed to when the parcel becomes a separate tax parcel . Attorney Barney - It does not become a separate tax parcel until March of the following year . Councilwoman Valentino - This will not be acted on at this meeting . The Town Clerk will add this item to the November 10 , meeting . In the meantime the Town Clerk and Town Engineer will conduct more research . The Attorney for the Town shall also investigate the legal statute . Is it the general feeling of this Board , if it is legal , Town policy should be reimbursement from the time it can be established the appropriate request was made ? Councilwoman Grigorov - The reimbursement would be for what is already paid , not change the tax in the present year . Mr . Walker - If someone finds a mistake on their tax bill in January they can file for reimbursement during that year , they are encouraged to make that request before March . Mrs . Noteboom - The resident has to have paid the tax bill before a reimbursement can be made . Councilman Niklas - If the complaint in May relates to the previous year they should get that reimbursed also , if the claim is in a formal manner and it is legal . Agenda Item No . 7 - Highway Department Tour : Mr . Noteboom - The Board has been given the schedule for the Highway Tour . Many projects have been included , even some :eater and sewer projects . The Board is welcome to make comments or suggestions about the route . All Town staff , Town Board members , Planning Board members , Zoning Board of Appeal members , and all other member of boards and committees have been invited . An invitation will be sent . All are to meet at the Highway Department barns . Agenda Item No . 8 - Public Hearing Date Sewer Benefit Levy : No action necessary . Agenda Item No . 1 Additional - SCLIWC Budget Amendment Motion made by Councilman Niklas , seconded by Councilman Conley approving and authorizing a budget amendment to increase accounts 8340 . 222 Maintenance of Town and Village Lines , and 2378 Services to Other Governments by $ 22 , 000 . 00 . Ms . Alario - Bolton Point had changed their policy about line maintenance so the amount budgeted was not sufficient . Thev are spending more money , but more revenues have also been collected from each of the municipalities that they are charging . This is for the appropriate amendment to bring those line items within range of one another . Mr . Walker, - In the past Bolton Point would supervise water main break repairs and the contractor and parks department would send the bills directly to the Town . It was difficult to keep track of them . Now , Bolton Point pays all the contractors and suppliers for each incident and then totals the information and submits one bill to the Town . Motion called and carried unanimously . Additional Agenda Item No . 2 - Public Hearina Date Traffic Ordinance No Parking Orchard Hill Road : Councilman Klein - Orchard Hill Road is the area where hunters -.:sere parking all night at the end of a cul - de - sac . Councilman Conley - Ir the ordinance is passed at the I ?ovember 10 , meeting will it be in effect for hunting season this year ? Mr . Noteboom - It would be passed before hunting season . Attorney Barney - The ordinance %Arould be in effect Then the no parking signs are placed . Mr . Noteboom - The signs can be placed ir. time for the beginning of the gun hunting season . ?-lotion made by Councilman Niklas , seconded by Councilman Mein authorizing the Town Clerk to advertise for a oubl = c hearing to held at the November 10 , meeting at be 7 : 00 p . m . for the Board to consider an ORDINANCE AMENDING ?D ? ESTATI ?vG THE OR TI, _,r? 7 REGULATING TRAFFIC AND PARKING IN THE D _ ? - C " parking on Orchard Hill Road , TO W1\1 OF ITr-C to include no Attorney Barney - Is this in response to one or t : o people ? Councilman Conley - Gus Freeman and Ed Austen notified me with the complaint , they did say all the residents on the street asked them to bring this to the Board . Attorney Barney - The people on this road should be notified individually about the public hearing . This ordinance will be to ban parking on all of Orchard Hill Road at any time of day . Mr . Noteboom - The road is a little over a quarter mile long . Councilman Conley - The residents are concerned about the cul - de - sac . The complete road should not be banned from parking . Attorney Barney - It would be the Board ' s choice of where to have the no parking . Councilman Klein - Could the ordinance be modified at the public hearing if the residents requested no parking in just the cul - de - sac . Councilwoman Valentino - How many houses are on the road . Mr . Noteboom - Four . Attorney Barney - The ordinance could be adopted and altered after the public hearing , then it could be readopted the following meeting with the corrected version . That would give the police agencies authorization to investigate . Councilwoman Grigorov - What is the ordinance for any road in the . Town , can you park on the road . Attorney Barney - There are some areas of the To-.:-: -::here there is no parking such as Snyder Hill Road and Maple _-; en 4 �" Le , State law prohibits parking on the oaved drivin c su _ _ ace . Motion called and carried unanimously . Mr . Frost - There is a To �Am ordinance :; hich lis s all the roads where there is no parking . Mrs . Noteboom - The Ordinance .,-Ill be sent to t :^. e Board mP 'P� Prs . Additional : Mr . Noteboom - The Tol:rn Planner as " =rd that the - oard be re . about the ribbon cutting ceremony A � � � - - m _ nd ` d P . m . on October 25 , 1994 . � n � SOLD - ill lrai 1 , 5 : 3p Councilman Niklas - Complimented the Deputy Suoer .. ; sor 0 r runni ng an efficient and pleasant meeting . Agenda Item No 9 - Adjournment - As there was no further business to come befoYe the Board , Councilman Niklas made a motion to adjourn . Seconded by Councilman Klein and carried unanimously . The Deputy Supervisor adjourned the meeting at 6 : 15 p _ m Respectfully submitted , t Joan_ Lent P:oteboom To ;I,n Clerk * * * Next Regular Meeting - November 10 , 1994 , 5 : 30 -n Public Hearing - Traffic Ordinance , 7 : 00 p . m . \ , L F1 L �i� � K Town Board Meeting 10 / 13 / 94 Agenda Item No . 3 Authorization for Award of Contract Troy Road and Coddington Road Water Extensions Resolution No , 217 WHEREAS , the Town Board of the Town of Ithaca , on September 12 , 1994 , by Public Interest Order , authorized the Town of Ithaca Water Improvement - 1994 , for the construction and installation of a new 8 " water main to provide water service for a portion of the properties on Coddington Road and , on August 8 , 1994 , by Public Interest Order authorized the Town of Ithaca Water Improvement - 1994 , for the construction and installation of a new 8 " water main to provide water service for a portion of the properties on Troy Road as described in Section 2 of the Public Interest Orders ; and WHEREAS , the Town of Ithaca has received bids for the construction of the said water improvements ; and WHEREAS , the Town Engineer has reviewed the bids and qualifications of the bidders and has recommended that the low bid of $ 170 , 510 . 36 by R . L . Stever & Associates , Inc . , of Endwell , New York is a qualified bid and that R . L . Stever & Associates , Inc . , is a qualified contractor ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the award of contract for the construction of the Town of Ithaca Water Improvement - 1994 , Troy Road extension for a base bid of $ 86 , 612 . 86 , with the alternate for the Town of Ithaca Water Improvement - 1994 , Coddington Road extension for $ 83 , 897 . 50 for a total of $ 170 , 510 . 36 to R . L . Stever & Associates , Inc . , subject to final approval of the contract documents by the Town Supervisor , Town Engineer , and the Attorney for the Town . MOVED : Councilman Conley SECONDED : Councilman Niklas Carried Unanimously DATED : October 13 , 1994 :1�7C Joan Lent Noteboom , Town Clerk Town Board Meeting 10 / 13 / 94 Agenda Items 4 ( a ) - 4 ( h ) Consent Agenda Items Resolution No . 218 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves and / or adopts the resolutions for Consent Agenda Items 4 ( a ) - 4 ( f ) , and 4 ( h ) as presented ; and be it further RESOLVED , Agenda Item 4 ( g ) shall be considered separately . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : October 13 , 1994 Q'.' L Joan Lent Noteboom , Town Clerk a A Town Board Meeting 10 / 13 / 94 F 1 Agenda Item No , 4 ( a ) Bolton Point Warrants Resolution No . 218 ( a ) WHEREAS , the abstracts with the following numbered listing of vouchers for Bolton Point have been presented to the Town Board for approval of payment ; and WHEREAS , said abstract has been audited for payment by the Town Board ; now therefore be it RESOLVED , that the Town Board hereby authorizes the payment of said vouchers as numbered and listed on the abstract . Operating Fund Vouchers : No . 615 - 668 $ 89 , 331 . 30 MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : October 13 , 1994 Joan Lent Noteboom , Town Clerk r 9 It Town Board Meeting 10 / 13 / 94 Agenda Item No . 4 ( b ) Town of Ithaca Warrants Resolution No . 218 ( b ) WHEREAS , the abstracts with the following numbered listing of vouchers have been presented to the Town Board for approval of payment ; and WHEREAS , said abstracts have 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 abstracts . General Townwide Vouchers : No . 473 - 517 $ 65 , 058 . 08 No , 410 17 , 177 . 93 No , 469 10 . 00 No . 470 - 471 29 , 241 . 76 General Part Town Vouchers : No . 224 11 , 314 . 08 No . 247 - 248 382 . 00 No . 249 12 , 404 . 98 No . 250 20000 No , 251 - 278 48 , 878 . 66 Highway Vouchers : No . 244 - 245 91938 . 50 No . 277 10 , 242 . 63 No , 279 - 310 47 , 690 . 83 Sewer Vouchers : No . 187 868011 No . 212 - 214 895 . 58 No , 212 - 223 51723 . 66 No , 208 - 209 148 . 00 No , 215 134 , 035 . 50 Water Vouchers : No . 194 560 . 28 No . 207 538 . 25 No . 211 - 232 292 , 535 . 97 Lighting District Vouchers : No . 25 - 27 11160916 Capital Project Vouchers : No , 23 - 25 31199 . 75 MOVED : SECONDED : DATED : October 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 10 / 13 / 94 e A L Agenda Item No . 4 ( c ) Monthly Financial Report - September 1994 Resolution No . 218 ( c ) WHEREAS , the Assistant Budget Officer has presented the Monthly Financial Report of the Town of Ithaca for the month ending September 30 , 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 Carried Unanimously SECONDED : Councilman Klein DATED : October 13 , 1994 Q" kk qLtt.' Joa Lent Noteboom , Town Clerk Town Board Meeting 10 / 13 / 94 NAL Agenda Item No . 4 ( d ) Quarterly Investment Report , 7 / 1 / 94 - 9 / 30 / 94 Resolution No . 218 ( d ) WHEREAS , the Assistant Budget Officer has presented the Quarterly Investment Report for the months July 1 , 1994 through September 30 , 1994 to the Town Board for their review ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby approves and adopts the Quarterly Investment Report as the official Quarterly Investment Report for July 1 , 1994 through September 30 , 1994 , MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : October 13 , 1994 J an Lent Noteboom , Town Clerk FINAL TOWN OF ITHACA INVESTMENT REPORT FOR THE QUARTER 07 / 01 / 94 - 09 / 30 / 94 REPURCHASE AGREEMENTS DATE RATE OF MATURITY INTEREST ACQUIRED AMOUNT INTEREST DATE EARNED 02 / 17 / 94 31000 , 000 . 00 3 , 00 % 08 / 18 / 94 44 , 876 71 08 / 17 / 94 1 , 500 , 000 . 00 4 . 300 11 / 16 / 94 - - - - - - - - - - - - - - - SAVINGS END OF MONTH RATE OF INTEREST HONTH BALANCE INTEREST EARNED JULY 270 , 944 . 55 3 . 00o 1 , 12 . 47 AUGUST 1 , 915 , 509 . 30 3 . 00 ; 2 , 953 . 70 SEPTEMBER 1 , 760 , 959 . 18 3 . 00 % 31211 . 05 INTEREST CHECKING END OF 14ONTH RATE OF INTEREST HONTH BALANCE INTERES `' EARNED JULY 174 , 176 . 07 1 . 750 615 . 85 AUGUST 150 , 591 . 51 1 . 750 259 . 82 SEPTE1iBER 456 , 625 . 12 1 . 750 25 . 53 10 / 13 / 94 * Due to bank error interest was not posted to two of our accounts . Bank has corrected and interest will appear on next statemen FIA, Town Board Meeting 10 / 13 / 94 Agenda Item No , 4 ( e ) Town Clerk ' s Monthly Financial Report - September 1994 Resolution No . 218 ( e ) WHEREAS , the Town Clerk has presented her Financial Report of the Town of Ithaca for the month ending September 30 , 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 Town Clerk ' s Financial Report for the month indicated . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : October 13 , 1994 ( Lj� / &t Joan Lent Noteboom , Town Clerk FINAL Town Board Meeting 10 / 13 / 94 Agenda Item No . 4 ( f ) Approval for Town Staff and Conservation Board Members to Attend " Susquehanna Neighbors " Conference on Nonpoint Source Pollution Resolution No . 218 ( f ) WHEREAS , the protection of the quality of water in our streams and lakes is an important priority of the Town of Ithaca ; and WHEREAS , the Susquehanna River Basin Commission in cooperation with several other regional agencies is sponsoring a conference on issues of nonpoint source water pollution and ways in which citizens and governments can work to protect water quality ; and WHEREAS , it will be beneficial to the Town of Ithaca to send representatives to this conference ; and WHEREAS , Conservation Board members Candace Cornell and Janet Hawkes , and Assistant Town Planner George Frantz have expressed interest in attending this conference ; and WHEREAS , the current Conservation Board and Planning Department budget includes sufficient funds for this purpose ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve the attendance of Conservation Board members Candace Cornell and Janet Hawkes , and Assistant Town Planner George Frantz at the Susquehanna Neighbors Conference in Owego , New York on October 28 and 29 , 1994 , at a cost estimated at $ 140 . 00 , including registration fees , all meals , and mileage reimbursement , charged to accounts B8020 . 403 ( $ 65 . 00 ) and B8020 . 407 ( $ 75 . 00 ) . MOVED : Councilman Niklas SECONDED : Councilman Klein Carried Unanimously DATED : October 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 10 / 13 / 94 Agenda Item No . 4 ( h ) Budget Amendment Resolution No . 218 ( h ) WHEREAS , the severity of the past winters has caused a need for the Parks Department to obtain a better means of snow removal on park trails ; and WHEREAS , the John Deere mower can be fitted with a snow - blower and soft cab which would allow the Parks Department faster , more efficient use of time ; and WHEREAS , there will be sufficient surplus budget in the contractual expenses to cover the balance needed to purchase said snow - blower and soft cab ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize the purchase of a snow - blower and soft cab to fit the John Deere JD935 mower ; and be it further RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize a budget amendment to decrease B7140 . 402 and increase B7140 . 202 in the amount of $ 1 , 200 . 00 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : October 13 , 1994 �Q'. j"A Joan Lent Noteboom , Town Clerk Town Board Meeting 10 / 13 / 94 Agenda Item No . 4 ( g ) Authorization To Receive Bids for 4 x 4 ( 1 ) Ton Truck Resolution No . 219 WHEREAS , the Town of Ithaca Highway / Parks Department needs to replace a ( 1 ) Ton Truck ; and WHEREAS , the type of truck needed has been researched and the specifications have been written ; now therefore be it RESOLVED , that the specifications for the new 4 x 4 , ( 1 ) Ton Truck be approved ; and be it further RESOLVED , that the Town Clerk is hereby authorized and directed to advertise and receive bids for the new 4 x 4 , ( 1 ) Ton Truck , with and without trading a 1987 Chevrolet ( 1 ) Ton Dump Truck with plow . MOVED : Councilman Klein SECONDED : Councilman Niklas Carried Unanimously DATED : October 13 , 1994 Joan Lent Noteboom , Town Clerk i Town Board Meeting 10 / 13 / 94 Agenda Item No . 5 Town Hall Compliance - Americans With Disabilities Act Resolution No . 220 WHEREAS , the Town of Ithaca Town Hall must have handicap access to be in compliance with the Americans With Disabilities Act by January 1995 ; and WHEREAS , the Building / Zoning Officer has investigated methods by which the Town Hall can be altered to meet the requirements of the American With Disabilities Act ; and WHEREAS , the Town Board has reviewed and discussed the alternatives and costs to meet the said requirements ; and WHEREAS , it has been determined that the construction of the said ramp can be done by Town Staff ; now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby authorizes and directs the Building / Zoning Officer to have constructed a handicap access ramp at the front of the Town Hall , and to oversee the construction and installation of the necessary bathroom fixtures and door in the Town Hall downstairs bathroom in order that the Town of Ithaca will be in compliance with the Americans With Disabilities Act by January 1995 ; and be it further RESOLVED , the cost to construct and purchase the necessary ramp and bathroom materials , and bathroom fixtures shall not exceed $ 6 , 375 . 00 to be expended from account A1620 . 413 . MOVED : Councilman Niklas SECONDED : Councilwoman Valentino Carried Unanimously DATED : October 13 , 1994 Joan Lent Noteboom , Town Clerk Town Board Meeting 10 / 13 / 94 Agenda Item Additional No . 1 SCLIWC Budget Amendment Resolution No . 221 WHEREAS , the maintenance of Town and Village lines has been much more than expected and , WHEREAS , this has caused an overage in the budget in both revenues and expenditures , therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and authorize a budget amendment to increase accounts 8340 . 222 Maintenance of Town and Village Lines and 2378 Services to Other Governments by $ 22 , 000 . 00 . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Conley DATE : October 13 , 1994 �x Joan Lent Noteboom , Town Clerk N NA Town Board Meeting 10 / 13 / 94 Agenda Item Additional No . 2 Public Hearing Date - Amending Traffic Ordinance Resolution No . 222 BE IT RESOLVED , the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to be held on November 10 , 1994 at 7 : 00 p . m . at the regular monthly meeting of the Town Board in order that they may consider an ORDINANCE AMENDING AND RESTATING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA to include no parking on Orchard Hill Road . MOVED : Councilman Niklas Carried Unanimously SECONDED : Councilman Klein DATED : October 13 , 1994 Joan Lent Noteboom , Town Clerk