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HomeMy WebLinkAboutTB Minutes 2010-11-22 Study Session of the Ithaca Town Board Monday, November 22, 2010 at 4: 30 p. m. Y 215 North Tioga Street, Ithaca, NY 14850 Agenda 1 . Call to Order 2 . Report of Town Officials 3. Report of Town Committees 40 Intermunicipal Organizations 5 , Town Board Committee Structure 6 , Consent Agenda a . Town of Ithaca Abstract b . Approval of Minutes from November 8 , 2010 7 , Consider Executive Session to Discuss the Acquisition of Real Property 8 . Review of Correspondence 9 , Consider Adjournment TOWN BOARD MEETING Monday, November 22 , 2010 Minutes Present : Herb Engman , Bill Goodman , Pat Leary, Tee-Ann Hunter, Rich DePaolo , Susan Riha and Eric Levine Staff: Jonathan Kanter, Paulette Terwilliger and Jim Weber Mr. Engman called the Study Session to order at 4 : 33 p . m . and added agenda items . AGENDA ITEM — East Shore Drive Water Improvement Improvements Project Mr. Weber explained the need for a resolution from the Board for the application to the State . TB RESOLUTION NO . 2010=218 : Approving Application to New York State Comptroller for Permission and Consent for the Town of Ithaca East Shore Drive Water Improvements Project WHEREAS , on August 9 , 2010 , the Town Board approved an Amended Public Interest Order establishing and authorizing the Town of Ithaca East Shore Drive Water Improvements project , and WHEREAS , the permission of the New York State Comptroller is required for this project because its estimated expense exceeds one -tenth of one percent of the full valuation of the taxable real property in the area of the Town outside of the Village of Cayuga Heights , and WHEREAS , the regulations governing submittals to the New York State Comptroller for permission for such projects require the Town Board to make certain determinations about the submittal and project ; now therefore be it RESOLVED , that the governing Town Board of the Town of Ithaca does hereby make the following determinations : 1 . The attached application was prepared at the direction of the Town Board . 2 . The Town Board believes the contents of the application are accurate . 3 . The Town Board has determined that the improvement and expenditure for which permission is sought is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof. 4 . The cost of the proposed improvements will be assessed against a benefited area , all real property to be so assessed will be benefited by the proposed improvements , and no benefited property has been excluded . Page 2 of 7 MOVED : Rich DePaolo SECONDED : Susan Riha VOTE : Ayes : Engman , Goodman , Riha , Depaolo , Leary and Hunter Levine — Absent Motion passed unanimously . AGENDA ITEM — Discuss Coal Tar Litigation Mr. Engman explained the language of the agreement and the next steps in the process . The Board discussed the wording of the grace period on the payment and how to protect the Town from the City not making a payment . The Board will meet with Lorraine Schmidt to discuss particulars on Friday December 3rd at 3 : 30 p . m . TB RESOLUTION NO . 2010=219 : Approval of the Settlement of First Energy v. City of Ithaca WHEREAS in 2009 the City of Ithaca was named as a third -party defendant in a lawsuit initially involving First Energy Corp . and New York State Electric & Gas Corp . ( NYSEG ) , regarding liability for the cost of remediation of contamination at a property in the City of Ithaca referred to as the First Street Site , which is now the location of the Ithaca Area Wastewater Treatment Facility ( IAWTF) and WHEREAS by Agreement dated December 29 , 2009 entered into between the City of Ithaca , the Town of Ithaca and the Town of Dryden , said Agreement being titled "Agreement As to Legal Defense Costs and Damages ( if any) Associated with a Lawsuit against the City of Ithaca Regarding the Ithaca Area Wastewater Treatment Facility Site , " these three municipalities , as joint operators of the IAWTF , agreed to specific apportionments of potential legal defense fees and/or legal damages resulting from that aforementioned lawsuit and WHEREAS the City, together with the IAWTF members including the Town of Ithaca , retained special counsel to provide a defense in this matter, namely , the law office of Menter, Rudin & Trivelpiece , of Syracuse , New York and WHEREAS special counsel , in consultation with the IAWTF representatives , has negotiated a proposed settlement of this matter, which settlement is recommended by special counsel and the Attorneys for the IAWTF Joint Operator Municipalities , including the Town of Ithaca , in order to limit the legal costs and to avoid the risks and unknowns of trial (and potential appeals) NOW THEREFORE BE IT RESOLVED that the Town of Ithaca hereby approves of the attached settlement of the case of First Energy v . the City of Ithaca and be it further RESOLVED that the Town 's portion of the above-described payments shall be made from the appropriate account (s) of the IAWTF , according to the terms of the "Agreement As to Legal Defense Costs and Damages ( if any) Associated with a Lawsuit Against the City of Ithaca Regarding the Ithaca Area Wastewater Treatment Facility Site" duly executed by the Town Supervisor on December 9 , 2009 , and that Page 3 of 7 the first payment be made by the City on or about December 1 , 2010 and be it further RESOLVED that upon final approval by all parties of the apportionment of costs among the three parties the Town of Ithaca's share of the settlement be transferred from sewer fund balance to a reserve fund to obligate these monies for payments of equal amounts per year for each of ten ( 10) years . MOVED : Rich DePaolo SECONDED : Susan Riha VOTE : Ayes : Engman , Goodman , Leary, DePaolo , Riha and Hunter Absent- Levine Motion passed unanimously . AGENDA ITEM — Finance Position Interviews Mr. Engman reported that interviews for three candidates will be on December 2"d and 3 beginning at 4 : 30 p . m . AGENDA ITEM — Report of Town Officials Public Works — Mr. Weber reported that he had met with Clarity Connect regarding their proposal to place broadband antennas on the Sapsucker Woods water tank . The antennas are magnetic and relatively small . Mr. Engman stated that he had received letters in support of the antennas from residents of the area already. The issue is that the funding is through a grant and they need a resolution from the Board indicating that the Town is in favor of the antennae in concept at least by the end of December. Discussion followed . AGENDA ITEM — Committee Reports Town City Meeting — Rich DePaolo reported that he had met with Jennifer Dodson from the City and discussed the concept of meeting to talk about Town -City issues with development and traffic etc. The County is also willing and it is a matter of deciding how big the group should be and what type of staff support there will be . Mr. DePaolo thought that there should be a small group meeting first to set topics and priorities and the Planning Committee should discuss bullet points to have ready at the first meeting so it is productive , not just talking around and around . Planning Committee Ms . Riha reported that they discussed the Scenic Views Report and that is being referred to the Town Board to refer it to the Planning Board . Codes and Ordinances Committee Mr. Goodman reported that they were working on the conservation zone language and timber harvesting language as well as the definition of garages . Mr. DePaolo asked about fences and biological corridors in the conservation zone discussions . Discussion followed and Mr. Goodman thought they were covered but he will review the fence law again . Page 4 of 7 Comprehensive Plan Committee Mr. Engman reported that they are reviewing written sections now and they are making good progress . Intermunicipal Committees Bolton Point Mr. Engman explained that there is some debate about the billing format and they may be changing to postcard billing which will also be consistent amongst all the partners . Bolton Point receives a lot of complaints about the current carbon billing and residents not able to read the printing etc . The current format is also very expensive . Discussion followed . Youth Services Funding Mr. Engman stated that we need to start talking about the programs and staffing of them as Marnie Kirchgessner leaves . He also reminded the Board that the County did pass their budget with the $ 147K for Youth funding and therefore the Board needs to think about whether we are willing to commit in concept to allocating the additional funds ; a resolution of intent as discussed at previous meeting (s) . ITCTC Mr. Kanter reported on Cornell 's funding for transportation and how monies have been shifted around and the fact that requests can be submitted at any time and small requests under $50K can be expedited . Something to keep in mind . Discussion followed . Forest Home Traffic Calming Mr. Engman commenting that the first light fixture is up and it looks very nice . Mr. Stein spoke up from the audience and stated that the speed bumps were great and seemed to be making a difference in the speeds traveled . Ms . Riha stated that she doesn 't and they are dangerous when people slow down to 20mph . Mr. Engman said that is the point , but she rejoined that the speed limit on the road is 30 mph and people therefore have the right to go 30 mph . Mr. Engman stated that he has received comments from residents and commuters very unhappy and very happy . Discussion followed . TCCOG Mr. Engman reported that the health consortium is up and running and the dog licensing changes are in process . There is also an effort by the local clerks to establish a local spay-neutering program so we can keep the state assessment monies local . The enumeration is complete with the Town increasing by approximately 30% and other municipalities are up 90% - 200% . These results will help in the negotiations between the municipalities and TCAC regarding sharing the costs for dog control more evenly. Page 5 of 7 AGENDA ITEM — Committee Structure Mr. Engman explained his initial idea . He felt that we have our standing committees -but we haven 't been able to focus on what we really wanted to get done and he indicated those as ad-hoc committees . Therefore , with two standing committees that could break out specific topics that should be focused on as ad -hoc committees until the topic is resolved . Short term and focused . Discussion followed . - Mr. DePaolo thought the committees would just be twice as large with twice as much business to conduct . There would also be a consolidation of influence to particular chairs . Mr. Engman responded that how it worked out this past year, there were the same three members on PW and Planning and he asked how that worked out . Discussion followed . Ms . Leary thought keeping the standing committee structure the way it has been is working . She likes the idea of the ad-hoc committees and the flexibility of choosing where ones interests lie . She disagreed that there are too many committees or too much time spent working . She felt that we are a growing town and the work is there . Mr. Levine thought that it was good to brainstorm but he didn 't feel he was spending too much time at committee meetings and breaking them up into ad- hoc focused meetings sounds like a good idea . He also felt that staff time would be wasted sitting in larger committees waiting for their specific subject to come around . He also reminded the board that some members have limited availability during the day so the larger standing committees would not be available to those members . He felt that it was great that issues are identified for the ad-hoc or they could also be folded into an existing committee and be a focused , stated agenda item . Mr. Engman felt that under the current structure , there are not places for Human Resources , Town Clerks , or Information Technology, so there needs to be somewhere for those topics , and he was concerned that the ad -hoc topics will not be addressed under the current structure . The topics are policy issues that will take board member time , not so much staff time . Mr. DePaolo agreed with Mr. Levine , stating that he would be willing to take on ad - hoc topics and he asked for department head input . Mr. Weber thought the Public Works Committee was more reactive than proactive , where the Planning Committee is proactive so combining the two would be a timing issue . Right now the agendas are very full as they are . Mr. Kanter agreed , stating that the functions of the two committees are very different and coordination for overlapping subjects is important and can save both staff and board member time if done well . Discussion followed . Page 6 of 7 Ms . Hunter thought the Town had had a busy year with all the personnel changes and we should have ad-hoc committees and to set goals for ourselves . She felt the committees were functioning well and members were getting up to speed well . Mr. Goodman stated that he actually prefers one longer meeting than two shorter meetings because of the driving but sees the pro's and con ' s because of staff time . He did remind the board that he was interested in stepping down from the Park & Trails Committee so maybe we should look at where that could be combined with Youth or as an ad -hoc committee . Ms . Riha stated that she hears what everyone is saying and maybe the ad - hoc subjects could be assigned to a standing committee and broken out from there . She thought the interfacing or overlapping some of the committees is helpful . The Board had a lengthy discussion on cross-coverage at committees both in impact and members and the pros and cons . The fact that most of our committees are reactive instead of proactive right now because the Comp Plan is not complete and will drive a lot of what the Town does needs and does . In summary , Board members thought the current system was working well and the past two years have been very busy because of the Comprehensive Plan and numerous staff changes . The Town is growing and busy , and the ad-hoc committees seem to be a good idea to focus on a particular action item . Mr. Engman stated that it sounds like the next step would be to prioritize the ad -hoc topics and decide whether to combine them with standing committees or determine who would like to take them on as a separate committee . He noted that the Fire Protection is very touchy and political and will be very involved and really needs to stand on its own . Also everyone needs to give some thought on what other committees they want to be appointed to . Committee Structure will be put on the December agenda . AGENDA ITEM — Consent Agenda TB RESOLUTION NO . 2010-220 : Consent Agenda Town of Ithaca Abstract WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment ; and WHEREAS , the said vouchers have been audited for payment by the said Town Board ; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated . Page 7 of 7 VOUCHER NOS . 9279 - 9360 General Fund Town wide 12 ,636. 58 General Fund Part Town 19277.63 Highway Fund Part Town 25 ,586.06 Water Fund 10,096. 80 Sewer Fund 629386. 10 Warren Road Walkway 54 ,676. 15 Forest Home Traffic Calming 1 , 825 . 68 Fire Protection Fund 258 , 333. 00 TOTAL 4269818 . 00 Approval of Minutes of November 8, 2010 WHEREAS , the draft minutes of the November 8 , 2010 of the Town Board have been submitted for review and approval ; THEREFORE BE IT RESOLVED , that the governing Town Board hereby approves the submitted minutes as the final minutes of the November 8 , 2010 of the Town Board of the Town of Ithaca . MOVED : Tee -Ann Hunter SECONDED : Pat Leary VOTE : Ayes : Engman , Goodman , Riha , Levine , DePaolo , Hunter and Leary. Motion passed unanimously. AGENDA ITEM Review of correspondence — Ms . Hunter asked about the speed limit petition and Mr. DePaolo responded that the PW Comm is looking into that . Mr. Goodman brought up the Association of Towns meeting in NYC and discussion followed on who was going and when exactly it was . Asset Management presentation was discussed with specific areas the Board would like explained and the date was set for December 7th at 1 : 00 p . m . AGENDA ITEM Motion made at 6 :48p . m . by Mr. Levine , seconded by Mr. DePaolo to enter Executive Session to discuss the acquisition of real property; unanimous . Motion made at 7 : 22p . m . by Ms . Hunter, seconded by Ms . Leary to re -enter open session ; unanimous . Meeting w)al adjourned upon motion at 7 : 23 p . m . Resp W007 1 Paul tte Terwilliger, own Clerk $ °' Regular Meeting of the Ithaca Town Board Monday, December 13, 2010 at 5 : 30 p. m . 215 North Tioga Street, Ithaca, NY 14850 4 Agenda 1 . Call to Order & Pledge of Allegiance 2 . Persons to be Heard a . The Christopher Neighborhood Watch Group Committee 3 . County and City Reports 4 . 5 : 45 p . m . Public Hearing Regarding A Local Law Revising Chapter 112 , Titled "Animals , " Article 1 , Titled "Dog Control And Licensing , " Of The Town Of Ithaca Code Regarding Dog Licensing Requirements And Fees , And Revising Fines And Penalties For Chapter 112 Violations a . Consider adoption of Local Law b . Consider adoption of Fee Schedule 5 . 5 : 50 p . m . First of Two Public Hearings Regarding Proposed Amendments to the 1993 Town of Ithaca Comprehensive Plan Relating to Historic Resources and the Possible Adoption of a New "Limited Historic Commercial" Floating Zone 6 , Consider Approving Payment for Tompkins County Council of Governments' Mutually Beneficial Projects 7 . Consider setting a public hearing for a proposed sewer improvement in the Town of Ithaca , Tompkins County, New York, pursuant to Article 12=C of the Town Law, to be known as the Town of Ithaca Hector St . Joint Interceptor Replacement Sewer Improvement 8 . Consider setting a public hearing for a proposed Sewer Improvement in the Town of Ithaca , pursuant to Article 12 -C of the Town Law, to be known as the Town of Ithaca , Ithaca Area Wastewater Treatment Plant Johnson Controls Efficiency Project Sewer Improvement 9 . Consider authorization for an appraisal of the King Road East parcel to be funded from the Parks & Open Space Reserve Fund 10 . Discuss funding for the Intermunicipal Youth Program a . Consider Resolution to Reconsider Support for the Intermunicipal Youth Program b . Consider Resolution of Support for the Intermunicipal Youth Program 11 . Discuss Clarity Connect Broadband Improvement Antennae at Sapsucker Woods a . Consider resolution of support in concept 12 . Resolutions of Appreciation a . Alfred Carvill b . Dan Walker c . Jonathan Kanter d . Susan Riha e . Harry Ellsworth f . Rod Howe g . Kevin Talty 13 . Appointment of new Finance Officer 14 . Consider referral of revised Scenic Resources Report to the Planning Board and Conservation Board for recommendations 15 . Discuss Committee Appointments 16 , Consent Agenda a . Town of Ithaca Abstract b . Bolton Point Abstract c . Approval of November 22 , 2010 Minutes d . Permanent Appointment Production Manager-SCLIWC 17 . Report of Town Officials 18 . Report of Town Committees 190 Intermunicipal Organizations 20 . Review of Correspondence TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I , Paulette Terwilliger, being duly sworn , Town Clerk of the Town of Ithaca , Tompkins County, New York say that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT : ORDER CALLING PUBLIC HEARINGS TOWN BOARD of the TOWN OF ITHACA MONDAY , December 13 , 2010 Date of Publication : Monday , December 6 , 2010 f Location of Sign Board Used for Posting : Town Hall Lobby Public Notices Board 215 North Tioga Street Ithaca , NY 850 Date of Posting : Monday, December 6 , 2010 Paulette Terwilliger Town Clerk Town of Ithaca STATE OF NEW YORK) COUNTY OF TOMPKINS) SS : TOWN OF ITHACA) Sworn to and subscribed before me this 6th day of December, 2010 Not ry Public /x' Debra Debra DeAugistine Notary Public - State of New York No. 01 DE6148035 Qualified in Tompkins County My Commission Expires June 19, 20 Loge B U50 Lege18 05fl lBge1S �, Q5 SKIS 550 1 i Town of Ithaca provement, the proposed (2) That all of the property and other expenses, is $ f , Public Notices method of apportioning .the within the proposed bene- 238,575.22, which shall be E Public Hearings to be held costs of such Improve- fted area is benefited by financed as follows: tempo- e at the December 13, 2010 ment, the proposed meth- the proposed Improvement. rary financing under a bond L 1 _ Town Board Meeting: od of financing to be em- (3) That all of the property anticipation note(s), and ( 5:45p.m. Re.: Revisions To Ployed, the fact that a plan, benefited is included within upon maturity of the bond I, Chapter 112, Titled 'Ani. map and report describing ' the proposed benefited anticipation note(s), the mals' Of The Town Of Itha- the same are on file in the area. Town may issue of serial 'ca Code Town Clerk's office for pub- (4) That the proposed bonds of said Town of Itha- 1 ,. 5:50p.m. Regarding Pro- lic inspection, and specify- method of apportioning the ca to mature in annual in- f - posed Amendments To The ing that said Town Board costs of the Improvement stallments over a period F 1993 Town Of Ithaca Com- shall meet at the Town Hall, should not be changed. not to exceed 20 years, ; prehensive Plan Relating To 215 North Tioga Street, in (5) It is in the public inter- such bonds to be paid from I Historic Resources And Ithaca, New York, in said est to authorize, establish, assessments levied upon I The Possible Adoption Of Town, . on the 8th day of and make the Town of Itha- and collected from the sev- A New 'Limited Historic November, 2010 at 5:45 ca Columbia Street Joint eral lots and parcels of land 1 Commercial' Floating Zone PM Prevailing Time,. for the Interceptor Replacement in said Town of Ithaca sew- ; NOTICE IS HEREBY GIV- Purposes of conducting a Sewer Improvement as er system benefited area I EN that the Town Board of Public hearing on such pro- hereinafter described, and which are deemed benefit. I the Town of Ithaca, Tomp- Posal to provide said Im- be it ad by said Improvement, so kins County, New York, at provement, and to hear all FURTHER RESOLVED, much upon and from each - a meeting held on Novem- Persons interested in the that the Town Board does as shall be in just proper- ber 8, 2010, duly adopted subject thereof concerning hereby approve, authorize tion to the amount of the the Order an abstract of the same, and and establish the Town of benefit which the Improve- which is published here- WHEREAS, copies of said Ithaca Columbia Street ment shall confer upon the • '7 with, subject . to a permis- Order were duly published Joint Interceptor Replace- same, and be it sive referendum. and posted according to ment Sewer Improvement FURTHER RESOLVED, ; In the Mafter of A Pro- law, and said Town Board in the area described as fol- that this Order is subject to posed Sewer Improvement did, at the time and place lows and as more particu- a permissive referendum in in the Town of Ithaca, specified in said Order, du- lady shown and described the manner provided in Tompkins County, New Iy meet and consider such in said plan, report and map Town Law Article 7 and • , York, pursuant to Article proposal and held .a public presently on file in the of- Town Law Section 209-q, 12-C of the Town Law, to hearing in which it heard 611 fice of the Town Clerk: The and be it be known as the Town of Persons interested in the replacement of an existing FURTHER RESOLVED, ` - Ithaca Columbia Street subject thereof, who ap- 323 foot long 18' insulated that the estimated expense I ' Joint Interceptor Replace- Peared • at such time and sanitary sewer interceptor of the aforesaid Improve- , ment Sewer Improvement place, concerning the located on the Colombia ment does not exceed one- WHEREAS, a plan, report same, and Street Pedestrian Bridge tenth of one per cent of the 1 and map, .including an esti- WHEREAS, the Town with 323 feet of a new full valuation of the taxable r mate of cost, have been Board now desires to au- 18'insulated sanitary sewer real property in the area of I duly prepared in such man- thorize the Improvement interceptor at the same lo- said Town outside of vil- ner and in such detail as based on the evidence of- cation in conjunction with (ages and, therefore, in ac- , has heretofore been deter- fered at such time and the Columbia Street Pe- cordance with the provi- _ mined by the Town Board Place, and destrian Bride replace- sions of subdivision 13(a) of the Town of Ithaca, WHEREAS, at its regular ment project, together with of Section 209-q of the ` Tompkins County; New meeting on November 8, related ancillary facilities. Town Law, the permission York, relating to the crea- 2010, the Town Board has The Columbia Street Pe- of the State Comptroller is tion and construction, pur- determined approval, con- destrian Bridge is located not required for such im- suant to Article 12-C of the struction and implements- near the intersection of Co- provement, and be it Town Law, of sewer sys- tion of the Improvement are lumbia Street and Giles FURTHER RESOLVED, tem improvements to be a Type II Action pursuant to Street on one end and that pursuant to subdivision known and identified as the, the regulations of the New Quarry Street South and 6(d) of Section 209-q of the; Town of Ithaca Columbia York State Department of Ferris Place on the other Town Law, the Town Cled*: f Street Joint Interceptor Re' Environmental Conserva- end, in the City of Ithaca, is hereby directed and- or. t placement Sewer Improve- tion promulgated pursuant New York, and be it dered to cause a certified t ment, and hereinafter also to the State Environmental FURTHER RESOLVED, copy of this Order to be du,-- , referred to as the 'Improve. Quality Review Act, be- that the area hereby deter- ly recorded in the Office c f ment, to provide such cause the Action consti- mined to be benefited by the Clerk of the County r)f sewer Improvement includ. tutes ' replacement, reha- said Town of Ithaca Colum- Tompkins within ten days I ing extensions, to the pres- bilitation or reconstruction bia Street Joint Interceptor of the date this Order be-. 1 ent Town sewer improve- of a structure or facility, in Replacement Sewer Im- comes effective pursuant ment, such sewer system kind, on the same site, in- provement is all of that por- to Town Law Section 91 , Improvement to be jointly cluding upgrading buildings tion of the Town outside of wliich when so recorded, 1 constructed and owned by to meet building or fire co- the Village of Cayuga shall be presumptive evi- the Town of Ithaca and the des, unless such action Heights. and be it dence of the regularity of City of Ithaca, and ' meets or exceeds any of FURTHER RESOLVED, the proceedings and action WHEREAS, after said plan, the thresholds in section that all of the allocable taken by the Town Board in report and map, including 617.4' of Title 6 of the New costs of said Improvement relation to the aforesaid im- estimate of cost, were pre- York Code, Rules and Reg- shall be bome wholly by provement. pared by a competent engi- ulations and thus approval, property within the Town of The question of the adop- neer, duly licensed by the construction and implemen- Ithaca sewer improvement tion of the foregoing Order state of New York, and tation of the Improvement benefited area, being the was duly put to a vote on filed in the office of the are not subject to review entire area of the Town out- roll call, which resulted as Town Clerk, the said Town under SEQRA; side of the Village of Cayu- follows: Engman, aye: Board did, on October 18, NOW, THEREFORE, BE IT ga Heights, and be it Goodman, aye: Hunter, 2010, duly adopt an Order RESOLVED, by the Town FURTHER RESOLVED, aye, Leary, aye; Riha, aye. reciting the proposed Im- Board that it be and hereby that the maximum pro- DePaolo. aye and Levine, , provement, a description of is determined as follows: .posed to be expended by aye. r the boundaries of the pro- (1 ) The notice of hearing the Town of Ithaca for the The Order was thereupon i posed benefited area, the was published ' and posted Improvement; including declared duly adopted. i maximum amount proposed as required by law and is costs of rights of way, con- 12/6/2010 I to be expended for the Im. otherwise sufficient. struction costs, legal fees