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HomeMy WebLinkAboutTB Minutes 1991-03-11 TOWN OF ITHACA TOWN BOARD MEETING March 11 , 1991 At a Regular meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , ]Ithaca , New York , there were : PRESENT : Shirley Raffensperger , Supervisor John Whitcomb , Councilman Patricia Leary , Councilwoman David Klein , Councilman Frank Liguori , Councilman Catherine Valentino , Councilwoman Karl Niklas , Councilman ALSO PRESENT : John Barney , Town Attorney Dan Walker , Town Engineer Scott McConnell , Highway Superintendent Andrew Frost , Building Inspector/ Zoning Officer Linda Nobles , Assistant Budget Officer George Frantz , Assistant Town Planner Edward Austen , Chairman , ZBA Representatives of the Media : Greg Williams , WHCU PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . REPORT OF TOWN OFFICIALS Supervisor ' s Report Town Supervisor Shirley Raffensperger stated that a number of the Board members had attended the Association of Towns meetings , February 17 to the 20th and she felt the meetings were quite worthwhile this year . One thing they learned was that the 100 % cut in State per capita aid for Towns is still under consideration . In that line she had asked Town staff for items that might be cut from the 1991 budget , economics that can be cut early on . She stated that she did not think she could wait until the State budget was passed , if the news is not as bad as forecast , budget items can be reinstituted on a priority basis . She went on to say that there was much interest at the meetings regarding the sources of revenues for Towns other than property tax . Towns are increasing fees and instituting new ones , most very similar to our development review fees . At the Association of Towns business meeting the delegates there voted down support for the extension to towns of the authority to institute a property transfer tax and she stated that she did not vote with the majority . To her it made no sense to exclude only towns from this authorization . Counties , cities and villages would be so authorized under the proposed legislation . Their vote would exclude only towns . She went on to say that it was an item that was not on the list so she had used her own judgement and voted that towns should be able to institute the same tax as counties , cities and villages , if they were authorized . Town Board Minutes 2 March 11 , 1991 ; The Supervisor went on to say that there was much interest in the State in consolidation , if not of municipalities then at least of services . A commission has been set up to study the matter . She had completed the initial survey and the Town should receive information from that group as the study proceeds . Town Engineer ' s Report Town Engineer Dan Walker noted that the West Hill Water and Sewer Project has been put together and is now out for bid . We are having a prebid meeting on the 18th and will open bids on the 29th of March . South Hill is still on winter shut down . Parts of the water tank will be delivered the end of March and we anticipate getting under way with the construction on the first of April , depending on the weather . There is one change order but we should be on an even keel . We have gotten the final corrections for the plan on the Inlet Valley water and sewer extensions and we will finish the minor corrections ourselves . The sewage system discharge control to keep from overloading the City system, that plan has been submitted to the City Engineer for review . He stated that he would have to make a presentation to the Board of Public Works just to have their final agreement on the project . The Route 366 water main agreement was finalized this week and now it is at Cornell for a final signature and they anticipate starting construction on that in April . On Taughannock Boulevard we had a major problem with one water main with a significant repair . The failure was probably caused by poor construction . There were several water main leaks in the Troy Road/Coddington Road area detected . We are initiating a program to monitor the sewers that drain into Cayuga Street and also the Kline Road/Lake Street system . Fie went on to say that the major development review plans that he had been involved with was Cornell Master Plan and the GEIS development . The final plans are in at Ithaca College for the rotary location plan and the science building and he would be reviewing the final site plans . His staff is continuing to support the Comprehensive Plan with mapping services and also evaluating the utilities portions . The Public Works plans have identified areas in the water and sewer infrastructure that need repairs and we have been using outside contractors for now but we are looking at more Town forces doing the work . He stated that he felt a significant amount of time this summer will go into evaluating , inventoring and inspection of existing sewer systems . Councilman Liguori remarked that he had heard that the grant that Bolton Point had applied for , from NYSEG , had not been made ? Town Engineer Walker replied , they did not make the list . They were second from the bottom . He felt a part of that was because it was a load shifting program as opposed to a total demand reduction . That apparently was weighted with a much lower score than either new sources of power or reductions in use . Councilman Liguori asked if Bolton Point was now going to do it on their own? The Town Engineer replied , it fits into the long range plans for the water system . He did not think the Commission , at this point , had fully evaluated the direction they wanted to take and he felt it would be on the back burn er for a while . Councilman Niklas asked if there were specific reasons for the relative ranking for the 25 applicants ? Supervisor Raffensperger replied that there were specific criteria and scores that were given and all of the scores were added up . Town Board Minutes 3 March 11 , 1991 One of the questions raised at the meeting today was a question to the engineering consultant that was involved in preparing or at least evaluating the proposal and that was , why did not the consultant realize that there were elements of the proposal that were sufficiently deficient to put us next to last . A lot of time and money was expended in the proposal . Highway Superintendent ' s Report Highway Superintendent Scott McConnell stated that February was another quiet month for snow and ice removal and emphasis was placed on shoulder and ditch repair and preparation for paving in , the summer . Ditching on Maple Avenue was to try to eliminate the water at the roads edge that builds up and freezes . Both the Town and Cornell need to do more work in this area before the problem is fixed . Be stated that he had attended the Association of Towns meeting in New York and attended the Highway Superintendent ' s sessions . In March they will concentrate on cleaning ditches and repairing shoulders . One truck lost three out of four springs so all four had to be replaced which was very costly . He went on to say that the Parks Department had spent 95 hours on snow removal and work on playstructures . They did trail improvements on Northview Park and helped with drainage and cold patching . In March they plan on completing the Mitchell Street Walkway estimate , several walkway resurfacing projects , bikeway ditching , installation of several signs and lawn repairs for Bolton Point . Building Inspector/ Zoning Officer ' s Report Building Inspector/ Zoning Officer Andrew Frost stated that they had issued seven building permits for the month of February . Twelve certificates of occupancy were issued and one new complaint was investigated . We still have some outstanding complaints that go back to June of 1990 . We performed 98 field visits and issued three sign permits . ' Councilwoman Valentino noted that at the Judd Falls Plaza there has been several temporary signs and she wondered if they were all in compliance ? Mr . Frost replied that the Pizza Restaurant was a violation . It was basically a big banner , and the owner wanted to leave it up until the big plaza sign was installed and he was allowed to do that until the big sign was put up . Councilwanan Valentino replied that the green banner sign was still up this morning . Mr . Frost replied , then that has to come down . There were some temporary signs for the barbershop . Temporary signs for a business opening are permitted for 30 days . Temporary signs may cane up at . a later date as the P &C have what are considered weekly sale signs and the Sign Ordinance would permit a window sign of no more than two signs of three square feet per sign and is traditionally found in a supezmarket and the Sign Ordinance should be changed or he would have to site them for a violation but it isn ' t a big priority right now . Assistant Town Planner ' s Report Town Board Minutes 4 March 11 , 1991 Assistant. Town Planner George Frantz stated that Planning staff has 400ntinued. to focus on the Comprehensive Plan , supporting the Conservation Advisory Council and the Codes and Ordinances Cornnittee and all of their committees and subcommittees . Development review continues to be limited in scope and nature and the major review of the month was for Rogan ' s Corners . He went on to say that he had attended the New York Land Institute Seminar in Rochester on the subdivision review process and the SEQR update . Supervisor Raffensperger asked about the Inlet Valley subdivision . Mr . Frantz replied that the Planning Board had given final approval to the Inlet Valley Cooperative on March 5th . REPORT OF TOWN COMMITTEES Conservation Advisory Committee Councilman John Whitcomb stated that he had nothing substantial to report at this time . Ethics Conmlittee Councilwcenan Valentino reported that when they were in New York they took in sane of the presentations on ethics code and what was happening in New York State . She stated that she sort of had good news and bad news . When we were there we were looking at the financial disclosure forms that are currently required by New York State which at this point are about seven pages long and ask for income information . While we were there we saw a sample form that was very nice , two sides of a regular 8 1 / 2 x 11 sheet and all it really asked for was all the information for a conflict of interest , like what property you own and who your employer happens to be . When we came back , Councilwoman Leary and she got on the telephone to the attorney in Albany and he gave us the bad news that at this point the State of New York does not allow you to use it . Even though we are a municipality that is under 50 , 000 we cannot opt: to use that form , if we want to use any form for disclosure we have to go with the form that is used for the larger municipalities or exclude it totally . Councilwc man Leary remarked , we don ' t have to have the seven page form that the State has but we do have to have inane information even if it is shorter . Councilman Whitcomb remarked , we could use the shorter form if we amended it to include income ? Councilwoman Valentino replied , yes . She stated that she had told Mr . McChane that she felt for a community the size oof Ithaca idea and have that kind of income disclosure was not a very g od she felt there probably wouldn ' t be enough votes on the Town Board to pass it and he agreed with us . They are pushing for the shorter form . It ' s not the amount of income , it ' s the source of income He asked us to write a letter to than and Councilwoman Leary has drafted a letter . Town Attorney Barney asked if the alternative was no form at all? Councilwoman Leary replied , the alternative is no annual disclosure ., She went on to say that the income information would not be public , it would only be known by the Ethics Board . We will not have another meeting of the Committee and if anyone has more input let the Committee know . ��. -��Y��11WiY I1W1iI���IRFrti1�IlnINiA�l�lir Town Board Minutes 5 March 11 , 1991 Youth Bureau Councilw utan Valentino stated the Youth Bureau Board would be meeting again this month and they hoped to have a proposal ready for the :formation of a youth bureau for Lansing and Ithaca and We hope to tie that up at that meeting . She asked if this would require a public hearing? Town Attorney Barney replied that we would probably need to adopt a local law but he would look this up . Codes and Ordinance Committee Councilman Niklas remarked that pursuant to the request for information from the Town Board , the forms that were handed out in January , ranking the priorities for COC . The highest priority was that COC continue looking into the conservation district , e . g . , Six Mile Creek . We are looking at an environmental overlay concept . Laura Marks attended the last meeting and the conservation district is top on the list and he was confident they were making progress . One of the things that Laura Marks was made aware of was that we really need to look at the inventory maps more closely . Right now the draft legislation is narrowing in on stream corridors and slopes . The Town needs to know where these things are before we can really draft legislation . He went on to say that the other thing they were working on was notification and in fact there is a resolution being circulated . The bottom line was that they were asked by CAC to look into procedures and posting of property when development would be eminent on a piece of property . We are working on legislation to post signs . What we did discuss , however , was notification through the mail . There was a suggestion that the developer be required to pay for public notices as well as sending out letters to contiguous property owners notifying them of pending board actions or deliberations . We thought it was more desirable and more cost effective to continue along the lines we have regarding notification procedures where the Town sends out notification to the property owners . In looking through the records we find , however , that there is no policy whatsoever . Right now they are going three properties deep . He questioned whether or not the fee schedule breaks even with regard to the public notices and mailings . He went on to say that they were still looking at sunset periods and lake front regulations . Supervisor Raffensperger stated that she felt the resolution should say " shall include as a minimum" not "may be limited " in regard to the notification . She went on to say that sane things that come before the Planning Board and the Zoning Board of Appeals elicit a great deal more interest than others . People will come to a public hearing and the public hearing will be adjourned but not to a certain date . She stated that her feeling has always been that anybody who bothers to come to the first hearing ought to receive notice of the second one that they don ' t have any other way of receiving a notice for . We have a list of people , for instance people in the Town of Dryden who always receive notices of any kind of proposal at the East Hill Plaza because they feel very much that it has consequences in the Town of Dryden . Councilman Liguori asked , if you don ' t notify everyone , as the law says , does the case become or the action become moot? Town Attorney Barney replied yes , but this is not law. The law in the Town only requires notification to County Planning when you are involved with sonethi.ng within 500 ' of a State highway , County highway , etc . There is nothing that says that you must notify anybody by mail except those individuals . The Town has elected , Town Board Minutes 6 March 11 , 1991 over the years , to notify a lot of people and that was probably all right when postage was five cents and there weren ' t that many applications . Councilman Whitcomb remarked that it bothered him that the number of people being notified was being decreased . He felt the sign and mailing had to go together . RESOLUTION N0 , 52 Motion by Supervisor Raffensperger , seconded by Councilman Whitcomb , WHEREAS , the CAC has recommended that the COC consider a means whereby neighboring landowners may be individually notified of impending development projects on adjacent lands , and WHEREAS , there is no official written policy concerning said notification , and WHEREAS , the COC has communicated to the Town Board its feeling that the `.Down of Ithaca should provide said individual notification along the same lines as it has , albeit unofficially , in the past , and WHEREAS , the Town Board of Ithaca finds it desirable to have an official written policy concerning individual notification procedures , NOW THEREFORE BE IT RESOLVED , that the Town Board of Ithaca request that the Town Planning Board and the Zoning Board of Appeals consider adopting an official written policy concerning the individual_ notification of landowners . It is suggested that said notification shall include as a minimLin to those owners of properties who property lines are immediately adjacent to and immediately across any private or public thoroughfare from a prospective development-site . ( Raffensperger , Whitccnb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . Canprehen�ive Planning Committee Councilman. Klein stated that they are still getting a lot of information from the staff and they are falling behind . There is still lots and lots of work to be done on the Comprehensive Plan . REPORT FROM FIRE CHIEF EDVARD OLMSTEAD Fire Chief' Olmstead stated that his appearance comes on the heals of Gloria Howell last month and he had suggested to the Town Supervisor that he cane periodically to report to the Board or answer any questions . He stated that he did not have a report to hand to the Board but that monthly they receive the Fire Ccnmssioners report which has some summaries of what goes on and also the Newsletter . The Fire Chief went on to say that the construction of the new stations and the renovations according to the contract would be completed on May 12th and they thought it said 1990 , however , they are still going on . There are a number of issues in dispute with the contractors . The roofs on the new stations are being partially replaced because an incorrect material was used on the roofs . We have a significant number of mechanical engineering issues which go back to primarily design and have met with the City Attorney ' s office and William Gray , so it is a very Town Board Minutes 7 March 11 , 1991 difficult process of trying to untangle the details of the construction contract which do not meet the specifications . He urged the Board members to repeal the Wick ' s Act . We found the whole idea of having four prime contractors very difficult and that was a lot of our problems , as there were days when they simply got mad at each other and walked off the job and no work was done . We have , as a result of using up the contingency accounts , a number of things that did not get done such as furnishings and signs for the fire stations . There are a number of details like that still open . He felt -the Oversite Committee would need to meet again sometime soon . The Fire Chief went on to say that last year was a very successful year in terms of recruiting volunteers , over 40 people were brought in . A part of that is the bunker recruiting program and they hoped to be close to a number of 30 to 35 people . He went on to say that two weeks after he was appointed in 1985 , the insurance services office announced that they were going to cane through and do their ten year inspection on the City and the Town . This is the organization that sets the fire insurance rates . The result of their survey which was done in August of 1985 was that the fire departmeni: had regressed which means your fire insurance is going to go up . We were successful in getting them to hold off on that because of the discussions of the new fire stations and new equipment „ In November their representative came and now they are trying to decide what to do about the areas where water has been extended but without the infrastructure . We have improved , however . Commercial places will notice a reduction in their insurance but not h�owners whose rates are already relatively low . He noted that the apparatus replacement schedule is slightly behind by about a year . The Chief stated that the 11911 " Ccomittee was meeting on a regular basis and the County is committed to an enhanced 911 system and we are investigating all of the options . The Telephone Canpany is very quick: to tell you there is only one way to do this but we are looking at. all options , the most cost effective way . The County is moving at this point to pass the required legislation to collect a surcharge on phone bills and he believed it was a 35 cents per month service charge that would be added to each individual telephone bill . On places with a lot of telephone lines you can only charcre for the first 75 lines that go into the property so Cornell ' s impact would be $ 21 . 00 a month . This charge goes directly to off set the cost of the " 911 " system . The Local awrgency planning Ccmmittee which is charged with developing a County wide disaster plan for the release of hazardous materials into the atmosphere , only things that gas off , is still struggling hard to meet all the things the Federal government has set up with no funding available . He stated that if the Board had any questions he would be glad to answer them . Councilman Leary remarked ► Cornell is considered one property? The Fire chief replied , it is not considered one property it is considered one ccanpany . So their phone system is based on the number of lines they have inbound to the campus . The County and the School District are the same . We understand that Cornell is probably going to establish their own " 911 " system and would go into Public Safety . There is a short term mechanical solution which he believed would be taking place , before there is an actual full blown system tying to get a " 911 " diversion , so if someone dials 911 it won ' t go to Buffalo it will land in the central office , here and that will be difficult with three telephone companies . If we said go with it today , it would take about three years . Town Board Minutes 8 March 11 , 1991 a' t Councilman Niklas stated that he saw lots of fire equipment going on calls up to South Hill and he wondered what separates a call , say for Ithaca College , as to what equipment is drawn in response . Chief Olmstead replied , any structural alarm regardless of its location in the City or Town gets the same response and we don ' t differentiate between your house , an academic building or a residential building on any of the campuses . The standard response for a structural alarm is two engines , a heavy rescue , a heavy ladder and two command vehicles . That also guarantees that you get seven people responding . Councilman Niklas asked if there were any statistics yet as to how many calls from Ithaca College are exclusively answered , because of their nature , by the South Hill fire station and those that are responded to fran two different stations ? Chief Olmstead replied , the concept of the whole system is that there is a central task force which is at central station and four satellite: . If the call is south from downtown , the primary response comes out of the South Hill station with the balance of the support coning out of the central station which is another engine , heavy rescue and a truck and command people . Councilman Niklas replied that he was asking for a brake down of how many calls from South Hill , Ithaca College , can be and were responsed to simply from the equipment stationed at South Hill . Chief Olmstead replied , the only calls that would be of that nature would be a. vehicle fire or something of that nature . BUDGET TRANSFERS RESOLUTION N0 . 53 Motion by Supervisor Raffensperger ; seconded by Councilman Whitcomb , 1990 YEAREND BUDGET TRANSFERS FROM : T0 : GENERAL FUND - TOWNWIDE A1440 . 100 :Engineer A14209400 Pers . Servo $ 6 , 147912 Town Attorney $ 11 , 928 . 26 A1440 . 200 *.Engineer $ 3 , 199 . 60 Equip . A1440 . 400 Engineer Contractual $ 132 . 26 A1440 . 404 T�hgineer Veh . Maint . $ 430 . 40 A1140 . 450 ]3rigineer G $ 195 . 37 Gasoline A1110 . 100 Justice Pers . Serve $ 1 , 725 . 38 A1110 . 200 Justice Equip . $ 98 . 13 $ 11 , 928 . 26 A141 . 0 . 200 Town Clerk A1410 . 400 Town Clerk Equip . $ 11000 Contractual $ 11600 A1620 . 200 Building A1620 . 100 Building ®r�iB I�MI�I�ll9l filON'i1®O�I�h�l�ll�ll{il{iN®YYIiY Town Board Minutes 9 March 11 , 1991 Equip . $ 35 . 00 Pers . Serve $ 35 . 00 A16170 . 409 Shard . Serve A9040 . 800 Legal Ads $ 2 , 442 . 80 Worker ' s Comp . $ 5 , 290900 A9060 . 800 Group Health Ins . $ 21847 . 20 $ 5 , 290 . 00 A9030 . 800 A9055 . 800 Social Security $ 141 . 65 Disability Ins . $ 141965 A5182 . 400 A1989 . 400 Street Lighting $ 2 , 000900 Misc . - TCAD $ 2 , 000 . 00 A5132 . 200 A5132 . 413 Hwy Grg . Equip . $ 173 . 11 Hwy Grg Water Rec$ 173 . 11 A71409200 A7l40e40l Plygrnds /Rec Equip . $ 119 . 30 CRCC $ 119930 GENERAL OUTSIDE VILLAGE B71409403 B1420 . 400 South Hill Trail $ 14 , 800 . 30 Attorney $ 14 , 800 . 30 B16709405 B1670 . 201 Shrd . Serve Off Suppl $ 81 . 32 Shrd . Serv . Equip $ 81 . 32 B8010 . 200 B8010 . 100 Zoning - Eequip . $ 35904 Zoning - Pers . Ser$ 35 . 04 B8020 . 200 Zoning B8020 . 100 Planning Equip . $ 31076939 Pers . Serve $ 513932 B8020 . 405 Planning Misc . $ 2 , 563 . 07 $ 3 , 076 . 39 B9040 . 800 B9030 . 800 Worker ' s Cbmp . $ 422 . 52 Social Security $ 217 . 74 B9055 . 800 Disability Ins . $ 204 . 78 $ 422 . 52 HIGHWAY DB5140 . 400 DB5130 . 100 Machinery Brush/weeds . Contr . $ 1 , 178 . 06 Pers . Serve $ 11069 . 03 DB5130 . 461 Machinery Tools , Parts $ 109 . 03 $ 1 , 178 . 06 WATER F8340 . 470 Trans & Distr . F8350 . 472 Conan . Wtr . Supple Line Repair $ 1 , 523 . 83 BP Water $ 64 , 355 . 85 F8340 . 481 Trans & Distr . Tank Pnt/Mnt $ 62 , 832 . 02 $ 64 , 355 . 85 SEWER G8120 . 100 San . Sewrs . G8120 . 499 San . Swrs . $ 273 . 80 Misc . $ 273 . 80 Pers . Svcs . CAPITAL PRa7EC°rS H599 H1620 . 200 Town Hall Fund Balance $ 249 . 95 Rehab . Proj . $ 259 . 95 F H5110 . 200 Gen . Rpr . H599 und j . $ 3 , 752 . 50 Fund Balance $ 3 , 752 . 50 Drainage Pro IrI�W��a�f1i1911�18��lYl ni�imne�s.n� Town Board Minutes 10 March 11 , 1991 INCREASE H5730 Proceeds from H9950 . 900 Xfer to Debt Svc . Wtr . Borrow . $ 3 , 005 . 70 Wtr . $ 3 , 005 . 70 H5730 Proceeds from H9951 . 900 Xfer to Debt Svc . Sew . Borrcw . $ 2 , 736 . 95 Sew . $ 2 , 736 . 95 ( Raffensparger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PRESENTATION OF QUARTERLY AND ANNUAL INVESTMENT REPORT Certificates of Deposit DATE RATE OF MATURITY INTEREST ACQUIRED AMOUNT INTEREST DATE EARNED 9 / 3 / 90 * $ 11 , 284 . 74 7 . 70 % 3 / 3 / 91 ------ 9 / 14 / 90 $ 402 , 335 . 89 7945 % 11 / 13 / 90 $ 41927 . 24 11 / 3 / 90 * $ 407 , 263 . 13 7 . 45 % 5 / 14 / 91 ------ 10 / 1 / 90 $ 302 , 797 . 81 7 . 60 % 11 / 30 / 90 $ 3 , 782 . 90 11 / 30 / 90* $ 3061580 . 71 7 . 45 % 5 / 31 / 91 ------ 8 / 16 / 90 $ 800 , 000 . 00 7 . 45 % 11 / 08 / 90 $ 13 , 716 . 16 11 / 8 / 90* $ 813 , 716 . 16 7945 % 5 / 5 / 91 ------ 8 / 16 / 90 $ 1 , 200 , 000 . 00 7 . 50 % 3 / 11 / 91 ------ 8 / 16 / 90 $ 1 , 265 , 000 . 00 7 . 60 % 8 / 16 / 91 ------ 9 . 7 / 90 $ 2 , 000900 7 . 25 % 3 / 8 / 91 ------ Savings END OF MONTH RATE OF INTEREST MONTH BALANCE INTEREST EARNED October $ 1 , 990 , 622 . 63 5 . 75 % $8 , 234 . 44 November $ 1 , 740 , 240 . 41 5975 % $ 81731 . 18 December $ 1 , 722 , 569 . 26 5 . 75% $ 8 , 360996 Interest Checking END OF MONTH RATE OF INTEREST MONTH BALANCE INTEREST EARNED October $ 49 , 436 . 55 4 . 50% $ 316999 November $ 12 , 687 . 84 4950 % $ 219 . 19 December $ 148 , 442955 4 . 50 % $ 489 . 00 *Denotes reinvestment PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE ]RELATING TO PROCEDURES FOR SITE PLANS Proof of posting and publication of a notice of public hearing to consider a. local law amending the Zoning Ordinance relatiI to procedures for site plans having been presented by the Town C �;erk , the Supervisor opened the public hearing . As no one in the public wished to comment , the Supervisor closed the public hearing . f Town Attorney Barney noted that the Town ' s Zoning Ordinance , at present , calls for a specific process to be followed when we are rezoning or creating a business district or special land use Town Board Minutes 11 March 11 , 1991 district or a multiple residence district . What it does not call for quite as clearly as what happens after a district has been established and there is an opportunity or wish to change the site plan that was used for that district . This is an effort to try and clarify that and under those circumstances you basically go back through the process and it requires the applicant to come back before the Planning Board and get it approved . Andrew Frost , Zoning Officer asked if we have a business use , such as a barber shop for example , that has gotten approval on a parcel where there are no other businesses located but it is a business zone and the barber shop gets approval , then somebody comes along and wants to open up a shoe store . Would that require them to go back to the Zoning Board or Planning Board for site plan? Town Attorney Barney replied , let me answer the question this way . As he would view it , normally it would not if the site plan as originally approved was a site . . . . . . let ' s say Rogan s came in and said here is a building he wants to put up for retail sales then any retail_ sales would be permitted in there but if it changed from retail sales of shoes to retail sale of something else it would not be required . Now, if he came in with a specific site plan that was specific for the particular use , as with Rogan ' s who came in with a specific plan for a pizza parlor and that is what is approved and then he wants to change it and sell dresses , he felt it would then have to come back to have the site plan approved . It depends on what the actual approval was . Councilman Niklas remarked that he felt the objective was , that if there is a substantial alteration of the site plan as it was originally' approved , with "A" to "F " and "A" to "C " provide a safety valve for things that are relatively trivial . Building Inspector Frost asked if there would be any grandfathering that needs to be addressed with this ? Town Attorney Barney replied that he did not see the need for grandfathering . If you have an existing site plan it would apply to anybody coming in . Assistant Town Planner Frantz remarked , the discussion of Rogan ' s Corners brought a question to his mind . Does the second "C " refer to the setbacks as outlined in the Zoning Ordinance ? In talking about Rogen ' s , would staff have the clearance , based on this , to allow modification to put something into a setback area? Town Attorney Barney replied , no . Mr . Frantz asked if that should be clarified? Town Attorney Barney replied that he did not think it needed clarification because the staff does not have the right , under any circumstance , to put the building into a 15 ' sideyard . An applicant would never have the right to put that there absent a variance from the Board of Zoning Appeals whether it ' s 2 " or 21 . You could have circumstances , where the Planning Board for sane reason , said in this particular situation we want a buffer in excess of what is normally required . Then the staff would have authority -to allow movement but not movement into that buffer even though it exceeded the Zoning Ordinance because that was an expressed condition of the Planning Board . Councilman Klein remarked , you don ' t have to cane back if you shift the building two feet , he felt that was really a small figure . You could shift the building five feet without any consequences . On a big site a contractor could make a two foot error . Town Board Minutes 12 March 11 , 1991 Town Attorney Barney replied , it depends on where you are . On a lot 150 ' x 100 ' in an R-15 zone , two feet can be something fairly significant . You always have an escape , if you want to move the building or miss- site the building they can always come back and the Planning Board can remove that miss-siting . The question is what is the appropriate level to say you don ' t have to cane back at all . That was what we came up with , a foot or two . Councilman Klein replied , you can enlarge a building , you can enlarge it by 1 , 000 ' . Town Attorney Barney replied , as long as you don ' t exceed 10 % of the building . There we caught you because if your building is a 10 , 000 square foot building , the 1 , 000 foot is going to be the limitation . Councilman Klein replied , with a less than 10 , 000 square foot building that ' s a 100 x 100 and you add a little bump that ' s 5 ' x 40 ' you have to cane back because you have moved one side of that building five feet . Town Attorney Barney remarked that this is an "or " . If you are enlarging a building taking your example of 10 , 000. square foot building and you are going to put a 200 square foot addition on it , you can do that if you meet all of the requirements "A" through "F " or you can meet the requirements "A" through "C " . There are alternative sets of requirements . Councilman Niklas remarked , Harrison Rue is on the CAC and one of the things that we tried to get back from Harrison was what was the sensitivity margin in normal construction . What would be appropriate margins of error . We did talk about this and it was felt that even though that margin of error would be acceptable on a fairly large lot size that it really is not permissible or standard on relatively small lots . Two feet can make a difference if you are infringing on buffer . Councilman. Klein replied , as long as the shift that you say under He :sated that he would agree if you were going to move the building 5 ' and it was going to encroach , you have a 15 ' side yard , you can ' t automatically make it 10 ' . You might make sane changes to that building in which 2 ' is such a minor amount and he would opt for a slightly more flexible number , five feet or something like that as long as you are within all the other requirements . Councilman Liguori remarked if you have 100 ' between you and the back yard and you are only required to have 50 ' , if you move it 2 ' why go through the whole process ? Building Inspector Frost remarked , that he thought it should be recognized that this won ' t apply to most simple residental lots with a simple house on it because they won ' t be before a site plan . Perhaps from a subdivision site plan approval and he really did not know to what extent the Planning Board was looking to see how a house might set on a vacant lot but they won ' t get site plan approval , they need to strictly maintain their setbacks . Councilman Niklas remarked that he thought the point Andy Frost was making was important in that in a sense it doesn ' t matter if you are within this area that is surrounded by the buffer and set back except for the fact that essentially the developer has essentially identified where that building is to be put . They essentially defined where in that open space they are going to build and we are basically :saying okay , we will give you sane latitude but it has to have some limits to it . Because the complexion of the site of large construction site can dramatically change . In some cases , if -� Y {I�'l�\��iNIV�I�YWI NY��IYWII�IIM�GYYlrI1M Town Board Minutes 13 March 11 , 1991 all of the buildings are allowed to walk four or five feet you are not just talking about one you are talking about many . And at least in his experience , they had a circumstance in College Circle where , on the surface , a fairly trivial adjustment as to one building shifting positions with another building produced a very dramatically different effect . Councilman Klein asked , was it two feet ? Councilman Niklas replied , well , put it this way . It was shifting the site plan significantly . He stated that he did not recall if it was two feet . But his point was that when the Town Planning Board and even public comment before when you look at a site plan before it is approved you get a sense of what to expect and that is essentially what is being approved . All we are saying is that if you deviate significantly from that you need to come back to the Planning Board . Councilman Liguori remarked , you cane back and go through all the hearings and notification and then through an impact statement . Assistant Planner Frantz replied that only the short environmental impact statement has been required and an example is Chase Farms and the Chamber of Commerce . We are not approving a whole project only a small design change within the project . Councilman Liguori remarked , sometimes these are used by those who want to reopen the whole thing as a means of reopening the whole project in terms of its environmental impact and rehashing what ' s been said before . Unless there is a good reason to have to go through that again he thought it ought to be avoided . Attorney Barney asked Councilman Liguori where would he draw the line? Councilman. Liguori replied , something reasonable . Attorney Barney asked , what is reasonable ? Councilman Liguori replied that Councilman Klein was an architect and he said five feet was reasonable so he would go with him . Councilman Niklas replied , we have Harrison Rue and he accepted this . Councilman Klein asked , what if you shrink the building . You ccm and get an. approval of 100 ' x 100 ' and you decide you can ' t afford to build the 100 ' x 100 ' , and make it 80 ' x 80 ' . Building Inspector Frost replied that he would take issue over that a point as being a deviation . He stated that he wanted to bring u shows a and that was a developer in his site plan app process nice site plan that shows the location of the building and distances to the property line . Say it ' s winter time and the Building Inspector goes out to do a foundation inspection and there is a foot of snow on the ground and piles of dirt all over the place it is really very difficult to determine where the property lines are in relation to the building . He felt he had the power in residential buildings to require survey maps for as built foundation:3 . He then asked the Town Attorney if this would apply to any buildings ? The Town Attorney replied that he thought so . He went on to say that he thought the discussion was getting away from what the amendment was about . We are attempting to basically say that if ing you are modifying a site plan you have to come to the Plann ®® I�Y�Il Li�1mL 1Nf��il01iit00®IHNLLifilli��6tl11 Town Board Minutes 14 March 11 , 1991 Board to get it modified but under certain , very limited , circumstances we are not going to tell you to come back for that process . Councilman Klein stated that he agreed with the concept but he would argue that two was unreasonable but give it a try . LOCAL LAW NO . 4 - 1991 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , LOCAL LAW N0 . 4 - 1991 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PROCEDURES FOR SITE PLANS The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : 10 Article IX , Section 46-a , subdivision 11 is amended by changing the first sentence to read as follows : " 1 . After a Residence District R5 , Multiple Residence , Business , Light Industrial or Industrial District , or any other, Special Land Use District , has been established by the Town Board and whenever a specified development or changes in the general plan are proposed , or whenever a site plan is required by any other provision of this ordinance , a site plan for the proposed use must be submitted and approved by the planning Board before a building permit may be issued . . . " 2 . Article IX , Section 46-a , subdivision 2 , is amended by deleting the second sentence thereof . 3 . Article IX , Section 46-a , subdivision 3 , is amended to read as follows : " 3 . Upon submission of a final site plan , the Planning Board shall approve or disapprove the final site plan . The owner shall be bound by the final site plan as approved by the Planning Board . " 4 . Article IX , Section 46-a is further amended by adding a new subdivision 4 reading as follows : 114 . '.If at any time subsequent to the approval of the final site plan , the owner shall wish to change the site plan as approved , an application with the revised site plan prepared in accordance with the requirements of this ordinance shall be submitted to the Planning Board for the Planning Board ' s approval . In reviewing such application for a modified site plan -the Planning Board shall have all of the powers it has with respect to reviewing an original application for site plan approval . Notwithstanding the foregoing , if the modification involves ( a) construction or alteration of less than 1 , 000 square :Feet of enclosed space whether on one or more stories ; and (b) construction or relocation of less than 3 parking spaces , and ( c ) construction , repairs , alterations , or renovations w.��ud��r�w�imwu��nmmauri��rierr�uu Town Board Minutes 15 March 11 , 1991 affecting the exterior of a building or the site , (exterior work is anticipated to cost less than $ 10 , 000 . 00 ) , and (d) enlargement of an existing building that involves an increase of square footage of less than 10 % of the existing square footage of the existing building ; and (e ) does not alter proposed traffic flows and access ; and ( f) does not directly violate any express conditions imposed by the Planning Board in granting prior site plan approval , or if the modification involves ( a) a movement or shift of a location of one or more buildings not more than two feet in any direction from the location shown on the final site plan ; and (b) such shift does not alter proposed traffic flows or access , and ( c ) such shift does not directly violate any express conditions ( including , without limitation , buffer zones , setbacks , etc . ) imposed by the Planning Board in granting prior site plan approval , then such modification may be made without requiring approval of the modified site plan by the Planning Board . This waiver of the requirement of Planning Board approval is not intended to permit construction in violation of any other provision of the Zoning Ordinance including setback , side yard , and similar regulations , or the requirement to obtain a building p i permit n those: circumstances when otherwise required by the terms of this ordinance . 2 . This law shall take effect upon its publication as required by law . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye Local Law ]Vo . 4 - 1991 was thereupon declared duly adopted . PUBLIC HEARING TO CONSIDER A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE PROVIDING THAT THE BOARD OF ZONING APPEALS MAY NOT ACT IN CERTAIN CIRCUMSTANCES WITHOUT AN AFFIRMATIVE RECOMMENDATION OF THE PLINWING BOARD Proof of posting and publication of a notice of public hearing to consider a local law amending the Town of Ithaca Zoning Ordinance providing that the Board of Zoning Appeals may not act in certain circumstances without an affirmative recommendation of the Planning ®��san� �r�o�a�nurr�®unom�mamn��in��eira�us Town Board Minutes 16 March 11 , 1991 Board having been presented by the Town Clerk , the Supervisor opened the public hearing . 0 As no one present wished to speak , the Supervisor closed the public hearing . Supervisor Raffensperger noted that the Town Board members had received -a comment from the Zoning Board of Appeals on the proposed local law . The Planning Board noted that the Zoning Board of Appeals is not at all happy . Councilman Niklas noted that COC had actually come before the Town Board on this issue asking for guidance . He felt that the advice from the Town Board was to go forth and show us something . The argument for changing the legislation were the feelings of both Ron Brand and a number of other members of the Town Board as well as the recommendation from CAC , at the time . Special site plan approvals ,, as we are talking about today , really have very important consequences in the overall complexion of the Town . Really it " s not just simply a question of the legislative branch of Town government looking at something but also whether or not the Town Planning Board has made its opinion known . And , it was really felt that given the present circumstances where this goes before the Town Planning Board , the Town Planning Board makes a recommendation , the recommendation is taken with the advice and consent by the ZBA . Since we go through the expenditure of time and effort we may just as well have a veto power imposed by the Town Planning Board because if something is not up to snuff in terms of the planning objectives of the Town there is no point in really wasting the time of the ZBA . The legislation before you which was drafted along those lines was essentially seen in that light by the Town Planning Board . The ZBA ' s position is , however , articulated in a letter dated February 28th , authored by Bob Hines who is a member of COC , also . He stated that he was not sure if there were two objections here but one could read the second paragraph as if there were two . It start out " these local laws add to categories of construction through which site plan approval is required " and he did not know if that was an implicit criticism but the bulk of the criticism is articulated later which is that it basically requires that approval to proceed the final action of the Board of Appeals and then should the applicants proposal be rejected , that is if the site plan is not approved by the Planning Board , that if the applicant should then should go to court to challenge that , the applicant would not know before hand whether or not that ESZA ' S approval would be positive or negative . In effect they could win in court and then end up going to ZBA and ZBA would deny it . He went on to say that that was a lot of " if ' s " and he would still like to argue that the Town Board approve the piece of legislation because he felt what they were talking about can dramatically influence the Town ' s planning efforts and that the Town Planning Board be allowed to have veto power and that only positive declarations or approvals of site plan activities such as these be put on the the agenda of the ZBA . Councilman Liguori asked , why not give the whole function to the Planning Board? Councilman Niklas replied that that certainly was an alternative . He stated that his feeling at the time was that that should be done as well but it also occurred to him and he felt COC also , that what we are essentially saying is that something of this importance , something that can change the complexion of the Town , ought to be looked at by two committees . There are two lines of judgement here that should be drawn . one is , is this activity compatible with the overall planning scheme of the Town and he felt that should go before staff and Planning Board . The other question is what are Wo�neaw��yUe��i�u��n�eY��uu Town Board Minutes 17 March 11 , 1991 the legal ramifications should this activity not be pursued . He thought that is within the the pervue of ZBA . Councilman Liguori asked , why not give it to the Planning Board and then give ZBA the veto power? It ' s redundant if only one has the authority . Councilman Niklas replied that he thought that in this case they both had the authority . Remember that just because you veto something at one level it goes on to another level . He stated that his feelings were that this was a sound approach . He stated that he did not find Bob Hines ' letter compelling . Building Inspector Frost stated that he would respond for the ZBA since no member was here . He went on to say that the letter was a product of two separate meetings that the ZBA had . The first meeting was a discussion of only one of the proposed local laws . The proposed letter was drafted after that one meeting to really deal with only one proposed local law change . Then at the second meeting there were two more of these laws for them to consider so they tried to consolidate their review of the second and third law to also deal with the first law that that letter was primarily to address . Councilman Klein remarked , these are sort of blending with the 7 : 45 P . M . , public hearing but the one we are discussing now , what are the actions that we are asking here for Planning Board veto? Town Attorney Barney replied , all of the special approval that require a reference to the Planning Board would now give the Planning Board , when the matter is referred to them , veto power . Councilman. Klein asked if this would also go with the other proposed local law at 7 : 45 ? Town Attorney Barney replied yes , this one just happened to be drafted first . The second one just sort of restates and provides the process for the site plan review and also provides for the changes . Councilman Klein remarked , if the Zoning Ordinance says you can build a church in an R-30 zone with special approval of the ZBA , is that talking about letting it happen without a variance , subject to certain conditions . Town Attorney Barney replied , at the moment , if this should pass , you are subject to two sets of criteria . There is a set of criteria that are spelled out before the Planning Board can recommend an approval and then there is Section 77 , subdivision 7 , sections a through f which are the criteria that the Board of Zoning Appeals must use in deciding to grant approval . Councilman Niklas remarked , the real issue is should the Town Planning Board have the opportunity to decide if this church or whatever is proposed , is appropriate for this site and under what circumstances would it be constructed and with what setbacks or other requirements . He asked , really does it make any sense to have judgement passed on that by the ZBA until the Planning Board goes through its recommendations ? Councilman Klein remarked that he believed that the special approval process belonged to the Planning Board and he did not like the idea of the duplication . Basically he supported the notion that the Planning Board would have veto power over the Board of Zoning Appeals but he thought it did introduce a sort of unnecessary level and what he was trying to get at was to Town Board Minutes 18 March 11 , 1991 streamline the process . So now it goes to the BZA , the BZA refers it to the Planning Board , the Planning Board makes a recommendation then it l as to go back to the ZBA . Building Inspector Frost replied , that may be the way the law reads but we have tried to streamline that within the building and we send it to the Planning Board and then to the ZBA . Councilman Klein remarked that his strong preference was to give the Planning Board the power , which it can have , of site plan approval to the Planning Board . Councilman Niklas remarked that his only argument was that under some circumstances and at scene time in the future , we may all be grateful that two town boards have had the opportunity to look at something and pass judgement rather than just one . Councilman Liguori asked , right now which board has the authority to approve . Councilman Niklas replied in most cases , ZBA . Councilman Liguori replied , on this particular issue ? Councilman Niklas replied , yes . Supervisor Raffensperger remarked that Councilman Niklas knows that she had some concern with this sort of dual system in that she would have preferred that the Planning Board have the sole right to issue special permits in the Town . Councilman Niklas replied as a final comment , we really thought this was a happy ccarprcmise between what we had and what was being proposed by CAC and it met both objectives . Edward Austen , ZBA Chairman stated that he was sorry he did not get to the meeting soon enough to ccmuent on the proposed local law . We feel that , as we wrote in the letter , it ' s kind of cutting short the person applying for something . This means they have to go Article 78 if they want any recourse even before it comes back to the ZBA and then it could be turned down by us . The ZBA always takes into account what the Planning Board has put down in their minutes . We very seriously look at any reconmtendations the Planning Board has and take them very serious . Councilman Whitcomb asked , if we vote this down would it then go back to the COC for revision? We could recommend that the COC make appropriate changes in it and make the Planning Board the sole approver of special approval ? Councilwanan Leary asked if it wouldn ' t be better to pass this now as an improvement in that direction and if that is what we want them to do , have them pursue it? Councilman Niklas replied , that ' s the real issue . Councilman Klein replied , if we vote it down then obviously the marching orders are to revise it . If we approve it . . . . . . . . Councilman Niklas replied , if you vote it down it doesn ' t necessarily mean that we are instructed we are just simply told that this is no longer . . . . . . Councilman Whitcomb remarked that when the CAC drafted a letter recommending this , we recommended that the Planning Board have this authority . But he did think that Councilman Niklas ' argument that ®�ni i wi���ouar• Town Board Minutes 19 March 11 , 1991 two sets of eyes are better than one has some merit and that is why he is supporting this , otherwise he would recommend giving it entirely to the Planning Board . Councilman Liguori asked , isn ' t that part of our problem now that we have so many eyes looking at all these different things that are going on that we are confusing the issues and resorting to this kind of a thing , which is a veto power and is saying , in effect , this is a superior board . If they are the superior board they ought to have the function , give it all to them . Simplify things instead of making things more and more complicated . Councilman Niklas replied he thought the best analogy he could give the Board, toward this was , if you are very ill , organically ill , you will want to go to the best diagnostician you can find , you would not have the diagnostician perform surgery on you . You go through -the levels of expertise that achieve the best end . Diagnose the disease and then , if necessary , have surgery . The same logic applies here . LOCAL LAW # 5 - 1991 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , A LOCAL D W AMENDING THE TOWN OF ITHACA ZONING ORDINANCE PROVIDING THAT THE BOARD OF ZONING APPEALS MAY NOT ACT IN CERTAIN CIRCUMSTANCES WITHOUT AN AFFIRMATIVE RECONMENDATION OF THE PLANNING BOARD The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows . 1 . Article XIV , Section 77 , is amended by renumbering subparagraph 9 to be subparagraph 10 and inserting a new subparagraph 9 reading as follows : "Where the terms of this Ordinance require a matter to be referred to the Planning Board for a recommendation before action is taken by the Board of Appeals , the Board of Appeals shall not hear the matter unless and until the Planning Board has reviewed the matter and recommended the action affirmatively . The Planning Board shall act within 60 days of receipt of the application . Failure to act within such time period shall be deemed an affirmative recommendation unless the time to act is extended with the applicant ' s consent . In the event the Planning Board recommends affirmatively , but with conditions , the approval of the Board of Appeals shall include the Planning Board ' s conditions , plus any additional conditions the Board of Appeals deems necessary . " 2 . This local law shall take effect upon its publication as required by law . Supervisor Raffensperger called for a roll call vote . Councilman Klein Voting Nay Councilwoman Leary Voting Aye Councilman Liguori Voting Nay Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye councilman Whitcomb Voting Aye S Voting Nay upervisor Raffensperger uu���fi�a'�uesaa�affii eeruatmi�nneeum®moi��� Town Board Minutes 20 March 11 , 1991 Local Law No . 5 - 1991 was thereupon declared duly adopted . PUBLIC HEARING TO CONSIDER A PROPOSED FIRE CONTRACT WITH THE VILLAGE OF CAYUGA HEIGHTS Proof of posting and publication of a notice of public hearing to consider a proposed fire contract with the Village of Cayuga Heights having been presented by the Town Clerk , the Supervisor opened the public hearing . As no member of the public wished to comment , the Supervisor closed the public hearing . Town Attorney Barney remarked that the proposed contract was fairly close to what has been in effect , by default , since 1977 . The contract was never formally renewed but the formula for payment then is the formula that has been used since then for Town payment . The Village initially wanted to remove the formula from the contract . We have done some research and from a legal standpoint have some reservations about a formula but there are several opinions from the Comptroller but we have been operating successfully for several years with the Village on a formula basis and also with the City on a sense of formula on the contract with them . Councilman Niklas requested that the formula be clarified also , territory , areas and properties , which the Town Attorney agreed he would pas : this on to the attorney for the Village . The Town Attorney went on to say that they had asked the Village to define , a little more clearly , the territory to be covered under the contract , however , he did not have the chance to check the City contract to see if the Village contract covered what was not covered by the City contract . RESOLUTION NO . 54 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the fire contract with the Village of Cayuga Heights subject to modifications as approved by the Town Attorney and the Town Supervisor . The Supervisor called for a roll call vote . Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Supervisor Raffensperger Voting Aye The Resolution was duly adopted . PUBLIC H &UUNG TO CONSIDER A LOCAL LAW AMENDING THE ZONING ORDINANCE ;REQUIRING SITE PLAN APPROVAL FOR CERTAIN CONSTRUCTION IN VARIOUS RE;iIDENTIAL DISTRICTS Proof of posting and publication of a notice of public hearing to consider a local law amending the Zoning Ordinance requiring site plan approval for certain construction in various residential Town Board Minutes 21 March 11 , 1991 districts having been presented by the Town Clerk , the Supervisor opened the public hearing . As no one present wished to speak , the Supervisor closed the public hearing . Councilmen Niklas stated the Town Attorney had already , in a sense , articulated how this differs in essence from the one we just approved . We are voting on a list of uses but only upon receipt of special approval by the Board of Appeals in accordance . . . . . . . . . . We have not really altered the list that needs site plan approval in the past , just clarified it . COC actually thought " a " to "h" was conservative . There were other things that were being considered , like a cemetery . LOCAL LAW # 6 - 1991 Motion by Councilman Niklas ; seconded by Supervisor Raffensperger , LOCAL LAW # 6 - 1991 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REQUIRING SITE PLAN APPROVAL FOR CERTAIN CONSTRUCTION IN VARIOUS RESIDENTIAL DISTRICTS OF THE TOWN The Zoning Ordinance of the Town of Ithaca as readopted , amended and revised effective February 26 , 1968 , and subsequently amended , be further amended as follows : 1 . Article II-A , Section 3C , subdivision 6 , is hereby amended by deleting the last sentence thereof and inserting instead the following : "The application for such approval shall be referred to the Planning Board and no final action by the Board of Appeals shall. be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site approved by the Planning Board . " 2 . Article III , Section 41r is hereby amended by deleting subdivisions 3 , 4 , 51 61 7 , 11 , and 12 and inserting a new subdivision 3 reading as follows : "The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below : ( a) Church or other places of worship , convent and .parish house . ( b) Public library , public museum , public , parochial or private school , nursery school , daycare center , :fraternity or sorority houses , and any institution of higher learning including dormitory accommodations . ( c ) Publicly owned park or playground including accessory buildings and improvements . (d) Fire station or other public building necessary to i-.he protection of or the servicing of a neighborhood . Town Board Minutes 22 March 11 , 1991 (e ) Golf course except a driving range , or miniature golf course . ( f) Hospital , provided that no building so used shall be within 100 feet of any street or within 150 feet of the lot line of any adjoining owner . (g) Nursing or convalescent home , or medical clinic . (h) The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board . " 3 . Article III , Section 4 , subdivisions 8 , 9 , 10 , 13 , 14 , 15 , 16 , 17 , 18 , and 19 , are renumbered subdivisions 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , and 13 respectively . 4 . Article IV , Section 11 , subdivisions 3 , 4 , 5 , 6 , and 7 are hereby deleted and the following new subdivision 3 inserted as follows : "The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below : ( a) Church or other places of worship , convent and parish house . (b) Public library , public museum , public , parochial and private schools , daycare center , nursery school , and any institution of higher learning including dormitory acccmnodations . ( c ) Publicly owned park or playground including accessory buildings and improvements . (d) Fire station or other public building necessary to the protection of or the servicing of a neighborhood . ( e ) Golf course , except a driving range , or miniature golf course . ( f) The application for approval for any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary OD plan was approved by the Planning Board , the matter Shall be returned to the Planning Board for final site I lan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board . " 59 Article IV , Section 11 , subdivisions 8 , 9 . 10 , 11 , and 12 are numbered 41. 5 , 61 7 and 8 respectivelys nr t�W'®�swuiurgmRfl�rm�®nemi�iuuidmui�iiu Town Board Minutes 23 March 11 , 1991 6 . Article V , Section 18 , is hereby amended by deleting subdivisions 3 , 4 , 5 , 6 , 7 , 10 , and 11 and inserting instead the following : "The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below : ( a) Church or other place of worship , convent and parish house . (b) Public library , public museum , public , parochial and private schools , daycare center , nursery school , and any institution of higher learning including dormitory accomiodations . (c ) Publicly owned park or playground including accessory buildings and improvements . (d) Fire station or other public building necessary to the protection of or the servicing of a neighborhood . ( e ) Golf course , except a driving range or miniature golf course . ( f) Hospital , provided that no building so used shall be within 100 feet from any street or within 150 feet of the lot line of any adjoining owner . ( g) Nursing or convalescent hone , or medical clinics . (h) The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same . If the Zoning Board of Appeals approves same , and if only a preliminary site plan was approved by the Planning Board , the matter shall be returned to the Planning Board for final site plan approval . The site plan approval process shall be as set forth in Article IX . No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board . 7 . Article V , Section 181r is further amended by renumbering subdivisions 8 , 9 , 12 , 13 , 14 , 15 , 16 , 17 , and 18 to be subdivisions 4 , 5 , 6 , 71 8 , 9 , 10 , 11 , and 12 respectively . 8 . This local law shall take effect upon its publication as required by law . Supervisor Raffensperger called for a roll call vote . ,.Councilman Klein Voting Aye Councilwoman Leary Voting Aye Councilman Liguori Voting Aye Councilman Niklas Voting Aye Councilwoman Valentino Voting Aye Councilman Whitcomb Voting Aye Voting Aye Supervisor Raffensperger Town Board Minutes 24 March 11 , 1991 Local Law No . 6 - 1991 was thereupon declared duly adopted . APPOINT a4T OF MEMBER TO ZONING BOARD OF APPEALS Supervisor Raffensperger noted that Edward Austen , Chairman of the Zoning Board of Appeals was here if the Board had any questions . She noted that the recommendation was from the Zoning Board of Appeals to the Town Board , the name of E . Peter Scala to serve on the Zoning Board of Appeals for the term to expire December 31 , 1991 to fill the vacancy left by the resignation of Henry Aron . Supervisor Raffensperger stated that she would make a motion to accept Mr . Scala so that discussion could proceed , Councilman Niklas stated that he would second the motion . Councilman Niklas remarked that he did not have time to read the minutes but he assumed the interview of candidates was done openly . Chairman Austen replied that the interview were done during open session . He stated that they had five candidates and interviewed four as one could not make either meeting and Mr . Scala was chosen . Councilman Niklas asked what was the most compelling criteria for selecting Mr . Scala . Supervisor Raffensperger remarked that if the Board was going to have specific discussion of the qualifications of the candidates for this position then the Board should go into Executive Session . Councilman Whitcomb asked what was the criteria for the selection of candidates ? Mr . Austeol replied that he did not know that if the Board had any particular criteria , we interviewed each candidate , listened to how they felt about the Zoning Board of Appeals , what their purpose for being on the Board was and their qualifications for that job . All of them were qualified to be on the Board , they all had good qualifications . Mr . Scala was just a better candidate for the position . He had no conflictions that would be a problem on the Board , wh:ich was one criteria . Almost all the candidates we had were from the West side , although they did not take that as a particular issue . EXECUTIVE SESSION RESOLUTION( NO . 55 Motion by Councilman Klein ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby move into Executive Session to discuss a personnel matter , the qualifications of the proposed new member of the Zoning Board of Appeals . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . OPEN SESSILDN RESOLUTION NO . 56 Motion by Councilman Niklas , seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby move back into open Session . .. Town Board Minutes 25 March 11 , 1991 (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . RESOLUTION NO . 57 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the appointment of E . Peter Scala , 128 Cayuga Park Road to serve on the Zonilzg Board of Appeals with a term to expire December 31 , 1991 , to fill the vacancy created by the resignation of Henry Aron . (Raffensperger , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - Whitcomb) . SET DATE FOR PUBLIC HEARING TO CONSIDER CHANGES IN ZONING AND BUILDING INSPECTION FEES Town Attorney Barney remarked that he and the Building Inspector had met on this and that he was in the process of drafting some legislation that is a little broader because it is also including periodical inspections on multiple dwellings and certain other facilities . Part of it is a zoning ordinance amendment and that would require the Planning Board reviewing it and making a recommendation . He did not know if the Board wanted to set the date for a public hearing before the Planning Board had looked at its Supervisor Raffensperger replied that it should go to the Planning Board for their recommendation . She suggested that the Board consider Netting the date for the public hearing in April . NEWSLETTER Councilwoman Leary remarked , under the New York State budget , third paragraph , where it says " in the short term , the Town of Ithaca has instituted immediate budget cuts , " she asked if this was exactly true ? Supervisor Raffensperger replied , you received a copy of a memo that she had sent to the staff and every effort is being made to make those budget cuts , such things as postage , etc . The Department heads are providing items that can be taken from the budget . Councilman Leary replied , wouldn ' t that be as identified items , they aren ' t necessarily cut yet . Supervisor Raffensperger replied , some have all ready been cut . The reason she had sent the memo is because we do not know when the State of New York is going to pass the budget . If we wait until June then it ' s going to be very difficult to accommodate what may be the cuts in our resources this year , in the last part of the year . The sooner we start doing it , the easier it will be . RESOLUTION NO . 58 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the Newsletter , to be adjusted as space permits . Town Board Minutes 26 March 11 , 1991 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CONTRACT FOR STREET SWEEPER RESOLUTION NO . 59 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , WHEREAS , the Town roads need to be swept after the winter months - and before surface improvements can be completed , and WHEREAS , the Town does not own a street sweeper and , therefore , needs to hire the services of J & S Enterprises , Inc . , to sweep various Town roads at the discretion of the Highway Superintendent , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby accepts the contract with J & S Enterprises , Inc . , for street sweeping at the hourly rate of $ 46 . 00 not to exceed $ 3 , 500 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . CONTINUE PAYMENT TO PLANNING CONSULTANT RESOLUTION N0 . 60 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , WEIEREAS , the contract for planning services with Stuart Brown Associates extends until April 15 , 1991 , and WHEREAS , j.he Town Board authorization for payment of the planning services outlined in the contract terminates as of March 12 , 1991 , and WHEREAS , :it was the intention of the Town Board that payment be authorized for the duration of the contract , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca authorizes the continued payment to Stuart Brown Associates of the amount authorized in the contract , April 151P 1991 , that is , an average of sixty hours per month or a total for the contract period of 720 hours . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . CONSERVATION ADVISORY COUNCIL ' S RECOMMENDATION FOR MEMBERSHIP ON THE CAC Councilman Whitcomb noted that the CAC had interviewed five candidates for four seats on the Board . These were chosen because they are full time residents of the Town and had expressed an interest in working on the CAC , the fifth candidate was not a full time resident of the Town as he was a student . His background was good but we felt that people who were residents of the Town were preferred . RESOLUTION NO . 61 Motion by Councilman Niklas ; seconded by Councilwcman Valentino , �IiYY�1�Y111Y1��l�liwl A�SIINMIlIpY t9fIR�1®I1�� Town Board Minutes 27 March 11 , 1991 WHEREAS , the Town of Ithaca Conservation Advisory Council (CAC) has four vacancies as of March 1 , 1991 , and WHEREAS , the Town of Ithaca Town Board has asked the CAC to recommend individuals to fill those vacancies , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby approves the CAC recommendations , by election , the following four individuals : Celia Bowers , Candace Cornell , Eva Hoffmann and Ruth Mahr . Each person will serve a term to begin March 1 , 1991 and to expire December 31 , 1992 . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PURCHASE OF NEW TELEPHONE SYSTEM FOR HIGHWAY DEPARTMENT Town Highway Superintendent McConnell remarked that the telephone system at the Highway Garage is quite antiquated , there are two lines coming in , residential phones , there are two separate telephoner with no way to put anyone on hold . Councilwcxnan Valentino remarked you have two lines now , will this system be four lines ? Highway Superintendent McConnell replied , the price is for four he thought that right now they would try three lines . Ines but g 1 g RESOLUTION N0 . 62 Motion by Councilman Niklas ; seconded by Supervisor Raffensperger , WHEREAS , the phone system presently at the Highway Garage consists of two separate lines and residential type service which does not allow for any time or energy saving features like paging , holding , call transferring , etc . , and WHEREAS , there is a need to have an adequate phone system to make efficient use of time for all concerned employees , and WHEREAS , price quotes have been received from All-Mode Cmmmications , Inc . , and WHEREAS , said quote appears to be reasonable , and the proposed system appears to meet the immediate needs of the department , NOW THEREFORE BE IT RESOLVED , that the proposal for installation of a new phone system from A114ode Communications , Inc . , be accepted and installation be allowed at a price not to exceed $ 2 , 300 , and IT IS FUrWPEER RESOLVED , that the Highway Superintendent is authorized to have a third central office line installed from New York Telephone Company . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . REPLACEMENT OF TRUCK # 6 RESOLUTION N0 . 63 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , Town Board Minutes 28 March 11 , 1991 WHEREAS , Truck # 6 is a 1984 Dodge with over 100 , 000 miles and is in fair condition , and WHEREAS , monies have been budgeted and replacement has been scheduled for Truck # 6 this year before the condition becomes poor and maintenance costs increase , NOW THEREFORE BE IT RESOLVED , that the specifications for a replacement be accepted and advertised for open bidding , and FURTHER BE IT RESOLVED , that failure to meet any minimum specifications is grounds for rejection of the bid . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . AGREEMENT TO EXPEND TOWN HIGHWAY FUNDS RESOLUTION N0 , 64 Motion by Supervisor Raffensperger , seconded by Councilwoman Valentino , RESOLVED ,, that the Town Board of the Town of Ithaca hereby enter into an Agreement to Expend Town Highway Funds with the Town of Ithaca Highway Superintendent . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . CONTINUED FULL TIME SECRETARY SERVICES FOR THE HIGHWAY DEPARTMENT Supervisor Raffensperger noted that Carolyn Dickens had worked part time for the Highway Department for some time and has been working six months full time . RESOLUTION N0 . 65 Motion by Councilman Niklas ; seconded by Councilman Whitcomb , WHEREAS , Carolyn Dickens has been full time for the full probation period of six months effective April 22 , 1991 , and WHEREAS , the need to continue the position of Highway Administrative Assistant as a full time position exists and has been demonstrated without question for the entire probation period , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize that the position of Highway Administrative Assistant be made permanent full time with a standard work week of 37 . 5 hours , beginning April 22 , 1991 . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . HIGHWAY SUPERINTENDENT ' S COMPLETION OF SIX MONTH PROBATIONARY PERIOD RESOLUTION NO , 66 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , Town Board Minutes 29 March 11 , 1991 WHEREAS , Scott McConnell was appointed Town of Ithaca Highway Superintendent as of August 29 , 1990 , and WHEREAS , Scott McConnell has completed his six month probationary period in an exemplary manner , and WHEREAS , the Town at the time of employment agreed to consider a salary increase at the time of completion of the probationary period , NOW THEREFORE BE IT RESOLVED , that the salary of the Town Highway Superintendent be increased from $ 25 , 000 to $ 26 , 000/year , effective March 1 , 1991 . This increase will not effect eligibility for an increase Pon January 1 , 1992 . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . PERSONS TD BE HEARD No one present wished to speak at this time . REFERRAL TO THE PLANNING BOARD THE REQUEST FROM CORNELL UNIVERSITY FOR THE REZONING OF LAND ZONED R-30 TO SPECIAL LAND USE DISTRICT Town Engineer Dan Walker remarked that this was the long awaited evaluation generic environmental impact statement for the orchards and East Hill areas that are owned by Cornell University . Supervisor Raffensperger remarked , so the action tonight is that we have received an application from Cornell for rezoning . Councilman Klein asked what Precinct 7 means ? Supervisor Raffensperger replied , the Cornell Master Plan has been divided into various precincts and primarily the geographical area for the GEIS is Precinct 7 which is the orchards area . The Town , however , wished to draw the boundaries of the area somewhat differently and Cornell has agreed to that . Councilman Klein asked if it would make any sense to give this information to Stuart Brown Associates or to CPC ? Supervisor Raffensperger responded , this is going to take about a year and she informally would say that she doubted that the end result of this whole process will necessarily be the rezoning to a special land use district . It may be that the Comprehensive Planning Committee will have completed the master plan by then and have recannended areas such as these be put in an institutional zone , an education zone . This is really a device to get going on the GEIS . RESOLUTION N0 , 67 Motion by Supervisor Raffensperger , seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby refers to the Planning Board for review and recommendations the request from Cornell University for the rezoning , and FURTHER Bl23 IT RESOLVED , that the Town Board recommends that the Town of Ithaca Planning Board be declared lead agency for environmental review and development of the GEIS . Town Board Minutes 30 March 11 , 1991 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . AUTHORIZING THE ADVERTISING AND BIDDING FOR THE INLET VALLEY WATER AND SEWER PROJECT Supervisor Raffensperger noted that this item had been deleted . SET DATE; FOR PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE GRANDFATHERING CERTAIN PROJECTS — EXCAVATION AND FILL RESOLUTION NO , 68 Motion by Supervisor Raffensperger , seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca will meet and conduct a, public hearing at 7 : 00 P .M . , on April 8 , 1991 to consider amending the Zoning Ordinance grandfathering certain projects - excavation and fill . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . JANUARY TOWN BOARD MINUTES RESOLUTION N0 , 69 Motion by Counci]man Niklas , seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby approve the January 1991 Town Board minutes as presented by the Town Clerk . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CLARIFYING REVISION TO PERSONNEL MANUAL REGARDING VACATION POLICY AND ACCUMULATION OF SICK TINE Supervisor Raffensperger remarked , this has to do with an interpretation of the Town policy regarding vacations . If you recall , the Personnel Manual has a schedule under which people are awarded , after a certain number of years with the Town , additional amounts of vacation . There was a certain amount of difficulty in interpreting that , this year employees were notified at the beginning of 1991 of the entire amount of vacation time to be available to them during the year with no kind of recognition that the anniversary date might be quite late in the year . In other words , it might say you are going to get three weeks of vacation this year but the five year period of employment which made them eligible for the third week did not come until December . So we got into a lot of concern and confusion about interpreting that . The Personnel Committee met and basically decided that it was more equitable and eventually would be easier to use the employment anniversary date . When Councilwoman Valentino and Linda Nobles , as a subcommittee got together to work on this , they discovered that as usual :nothing was as easy as it seems and that they really need to have a three part recommendation which is to leave the 1991 vacation ,mounts as is , prorate the vacation allowance in 1992 to the employees anniversary date and then to begin to use the anniversary date in 1992 . Town Board Minutes 31 March 11 , 1991 Councilmen Niklas remarked that he would like to approve this with the understanding that staff has had the opportunity to look this over and that they essentially approve these modifications . Councilwoman Valentino replied , that ' s the other part that is missing from here that we talked about . We are going to put it together and see how it looks and make sure nobody gets disadvantaged . Then we do want to have the staff look at it and give us input because we ' re sure there is going to be scene . . . . . . . Supervisor Raffensperger remarked , terrible consequences ? Councilwoman Valentino continued , some things that just aren ' t . . . . . you see when we first talked about anniversary date we thought that they , on their computer system , could do it on a monthly basis like we do at Cornell but what we found out was that the computer system is not really able to handle that and that is why they have always given everybody their accural for the year at the beginning of the year . It ' s just the simplest way for them to deal with. it . So that ' s why we have run into this problem but it is also part of the recommendation that it be circulated and we look at it again to make sure that no one gets disadvantaged . Supervisor Raffensperger replied that the purpose was to bring this to the Town Board is to say if we can work out this policy , is it acceptable to you and if we can work it out with the Town staff in an equitable way? There did not seem much point to proceeding with any more of these attempts to work it out until it was brought to the Town Board . If there is a consensus then Councilwoman Valentino and Linda will proceed to see what they can work out . Highway Superintendent McConnell asked if they are going to award vacation at the time when they start permanent or is it the first day of employment ? Councilwoman Valentino replied that they have not resolved this . She went on to say that they had started to discuss this but that they have not reached a decision . She told the Highway Superintendent that if he had some suggestions she would really like to hear them . Supervisor Raffensperger went on to say that the second one has to do with Mize question of mostly long term employees who accumulate up to 120 days of sick leave . That 120 days is in a way "banked " in order that they might use if for longer term illness until their social security disability would kick in in six months . The only problem is that once you get that 120 days the way the Town was doing it was that you never got any more and if you ever got sick it came off of your 120 days . She remarked that it did not seem equitable and the Personnel Committee agreed that a fair method would be to "bank " the 120 days allow up to 12 additional days to be used during the year and then if the employee does not use those 12 days they lose them but they don ' t cut into their 120 days which is their maximum pool . Building Inspector Andrew Frost questioned if this might encourage people to call in sick ? Councilwoman Leary remarked that Andrew Frost had brought up a point and she thought it was good to answer it . He said that with this policy it might encourage employees to call in sick . She stated that she felt that was an advantage of having this policy , if anything we want to encourage employees who are sick to say hone and not spread their germs among the rest of the staff . Town Board Minutes 32 March 11 , 1991 The Supervisor remarked that there seemed to be no objection from the Town. Board of the basic content of either one of these interpretations of the policy in the Personnel Manual . SUMMER CORNELL JOB NETWORK PROGRAM FOR ENGINEERING DEPARTMENT Town Engineer Dan Walker stated that he had put into the budget two positions and that he had a fairly large work load for the summer with the Troy Road water tank , West Hill water and sewer , Inlet Valley water and sewer , and the sewer inspection program . He went on to say that full time inspection was very important and we probably have a $ 6 , 000 to $ 8 , 000 bill to prove that because the water main repair we just did was because we did not have full time inspection when that was built two year ago . He stated that he insisted on full time inspection or he will not build anything . Town Attorney Barney asked if an engineering aide would have picked up the problem . Town Engineer Walker replied yes , they would have been there watching and the aides that we put out there would have known . He remarked that the aide he would put out there is one who has worked for us for a couple of years and has experience . Acting Town Planner George Frantz noted that the Town Engineer had included a planning aide in the request and Mr . Frantz noted that he had gotten his approval of an aide in December . RESOLUTION NO . 70 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , WHEREAS , there is a need for additional skilled employees during the summer months in the Engineering Department , and WHEREAS , the Town of Ithaca has an opportunity to participate in the Cornell Summer Job Network ( formerly Cornell Tradition) , whereby Cornell students can work for the Town in jobs relevant to their course of study , and the Town would be reimbursed for 50 % of their salaries , NOW THEREFORE BE IT RESOLVED , that approval is hereby given for the Town to employ 3 students through the Cornell Summer Job Network in the following areas : Engineering Aide - Engineering Department - salary : $ 6 . 00 /hr . 2 positions - to be charged to account A1440 . 100 - Engineering Personal Services , (Funds were included in the 1991 budget for this purpose . ) $ 7 . 00/hr . - 1 position - to be charged to accounts H8120 . 2 and H8340 . 2 - Capital Projects - Water & Sewer . Period of employment : May 20 , 1991 to August 23 , 19910 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TOWN PARTICIPATION IN TOMPKINS COUNTY SERVICE WORK ALTERNATIVE PROGRAM Highway Superintendent McConnell stated that the Tompkins County Probation Department is tying to take the people who have been fined and found guilty of illegal dumping and putting them into a work program. in cooperation with local municipalities for cleaning up the dump areas and roadsides . They don ' t have any vehicles to put the garbage in and take it to the dump so they need some Town Board Minutes 33 March 11 , 1991 support from people who have trucks , like the highway departments . The inteoit is to go out on a Saturday and Sunday or a Monday and Tuesday with these people , supervised by the sheriff or the probation department and clean up the roadsides , clean up the dump sites , put it in bags or into a truck . They are trying to provide us with free access and tipping fees at the landfill . Unfortunately the County is saying someone has to pay for it . He asked the Town Board if they wanted to cover the tipping fees ? Supervisor Raffensperger remarked that it seemed to her that even if this program was not quite as wonderful as it was when they first proposed it , for example the fees were to be taken care of by the Country , etc . , basically the Town does some cleaning up along the roadside , we have to , it seemed to her that that Town was going to expend. the time for driver and dump truck anyhow and if we pick it up we have to take it to the landfill and pay the fee . It seemed to her the Town was getting something . She noted that the Town did also have information that the County insurance (Workman ' s Comp) will cover the workers . Town Attorney Barney remarked , can we make sure we either have Workman ' s Comp or employers liability? RESOLUTION N0 , 71 Motion by Councilman Niklas ; seconded by Councilman Klein , WHEREAS , Tompkins County Probation Department is beginning a service work alternative program wherein people convicted of non-violent crimes provide roadside cleanup . The program provides supervision over the workers and coordinates with local municipalities to find out where the work needs to be done , and WHEREAS , the Probation Department needs the assistance of the local municipalities in the form of a truck and driver to carry the debris to the landfill and possibly cover the cost of dumping at the landfill , and WHEREAS , the Town would get roadside cleaning for a nominal cost and the service work alternative program could be maintained without any equipment purchasing and maintenance , NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby authorize the highway department to assist in the service work alternative program to the extent of providing approximately 60 hours of driver and dump truck time , and , if necessary , landfill tipping fees , and FURTHER BE IT RESOLVED , that the authorization be contingent upon satisfactory coverage for any injuries that might occur to any of these people working on the cleanup . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . SPCA LEITE%R REGARDING DISTRESSED WILDLIFE SERVICES Supervisor Raffensperger remarked that the SPCA seems to be having a little bit of difficulty in negotiating a contractual arrangement with the rCompkins County Board of Representatives for distressed wildlife services . If they don ' t we are each going to have to pay for our own per distressed wildlife . The Supervisor stated that she would like to propose that the Town Board pass a resolution urging the Tompkins County Board of Representatives to provide Town Board Minutes 34 March 11 , 1991 funding for distressed wildlife services on a County wide basis on a contractual basis with the Tompkins County SPCA . Councilman Niklas suggested that the Board of Directors of the SPCA also be notified of the Town ' s concerns with the resolution they passed to stop providing distressed wildlife services not covered by the contract . RESOLUTION NO , 72 Motion by Supervisor Raffensperger ; seconded by Councilwanan Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby urges the Tompkins County Board of Representatives to provide funding for distressed wildlife services on a County wide basis on a contractual basis with the Tompkins County SPCA . ( Raffenspearger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . TOWN OF I ..MCA WARRANTS RESOLUTIOIJ NO . 73 Motion by Councilman Whitcomb ; seconded by Councilman Niklas , RESOLVED , that the Town Board of the Town of Ithaca hereby approves the Town of Ithaca Warrants dated March 11 , 1991 , in the following amounts : General Fund - Town Wide . . . . . . . . . . . . . . . . . . . . . . . $ 129 , 795 . 66 General Fund - Outside Village . . . . . . . . . . . . . . . . . $ 33 , 212 . 26 Water- & Sewer Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 351 , 995 . 77 Highvray Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44 , 125 . 38 Fire Protection Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 490 , 626 . 00 Capital Projects Fund . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19 , 438 . 16 Lighting District Fund . . . . . . . . . . . . . . . . . . . . . . . . . $ 404 . 52 ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . BOLTON POINT WARRAN'T'S RESOLUTION NO . 74 Motion by Supervisor Raffensperger ; seconded by Councilman Niklas , RESOLVED , that the Bolton Point Warrants dated March 11 , 1991 , in the Operating Account are hereby approved in the amount of $ 167 , 870 . 87 after review and upon the recommendation of the Southern Cayuga Lake Intermunicipal Water Commission , they are in order for payment . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . CONSERVATION ADVISORY COUNCIL - 1990 ANNUAL REPORT The Town of Ithaca ' s Conservation Advisory Council (CAC ) began meeting on March 1 , 1990 and had fourteen additional meetings during the year . The initial duties assigned to the CAC by the Town Board were to advise the Town government on environmental Town Board Minutes 35 March 11 , 1991 matters and to assist the Town planning staff in completing a Comprehensive Plan . In order to advise the Town more effectively , the CAC established an Environmental Review Committee (ERC ) * a Parks , Natural Areas , and Stream Corridors Committee (Natural Areas Committee ) ; and an Agriculture Committee . The ERC is responsible for reviewing and commenting on development applications and Environmental Assessment Forms . The ERC met seven times during 1990 . The Natural Areas Committee was responsible for a report on the Six Mile Creek Valley and is now engaged in producing an open space inventory . The Natural Areas Committee met eight times during 1990 . The Agriculture Committee began by surveying all of the farmers in the Town . The survey was designed to develop a picture of agriculture in the Town today and to ascertain farmer ' s attitudes about agricultural land protection possibilities . The survey also acted as a base for the Agriculture Committee ' s efforts in producing its portion of the Town ' s Comprehensive Plan . The Agriculture Committee met three times during 1990 . In addition to the Agriculture Committee ' s efforts toward the completion of a Comprehensive Plan , the CAC began the process of defining , identifying , and inventorying the Town ' s open spaces . This effort has gained momentum and has become one of the CAC ' s top priorities ; and is highlighted by the recent creation of an Open Space Indexing Committee . Because of the magnitude of the work to be done , the CAC added a second "working " meeting each month . The following items are brief descriptions of the CAC ' s 1990 activities : SIX MILE CREEK VALLEY REPORT Natural Areas Committee researched and reported on the environmental significance of the Six Mile Creek Valley . The report was generated in response to the Valley ' s ecological importance , increasing development pressure in the area , and the City of Ithaca ' s concern with regard to protecting its water supply on Six Mile Creek . In May 1989 the Town and City of Ithaca had already begun discussions that focused on protective measures that the Town could adopt to complement the City of Ithaca ' s landholdings in the Six Mile Creek Watershed . This dialogue between the Town and City is the first of a series that will involve the other municipalities with jurisdiction in the watershed . The report recommends ways in which the Town government could protect this resource . The Town Planning Board and the Codes and Ordinances Committee are currently reviewing the document . RESOLUTIONS The CAC passed twelve resolutions in 1990 . The subjects addressed include Town SEQR procedures , project application procedures , parking lots , and recommendations on proposed projects in the Town . OPEN SPACE AND NATURAL AREAS The CAC began the difficult process of defining , inventorying , and prioritizing open space and natural areas in the Town . A draft of the introductory section of the Open Space Index was completed , which includes a rationale for protection . The CAC expects to make significant progress in this area within the next few months . OPEN SPACE PROTECTION MECHANISMS Town Board Minutes 36 March 11 , 1991 The CAC directed planning staff to prepare an open space protection mechanisms report . THis was completed and will be used by the CAC in preparing open space and natural areas indexes and plans . DEVELOPME24T MORATORIUM The CAC considered recommending a development moratorium effective until the expected comprehensive plan is completed . After research and lencrthy discussion and the completion of a draft local ordinance , the CAC decided not to recommend a moratorium at this time . TOWN FAIN SURVEY With the assistance of two Cornell University planning students , the Agriculture Committee completed a survey of all the farmers in the Town . In addition to gathering data on agricultural operations in the Town , the survey attempted to gauge farmer ' s attitudes toward existing government regulations and possible farmland protection measures the Town could implement . COMPREHENSIVE PLAN AGRICULTURE SECTION The Agriculture Committee completed a draft of the agriculture portion of the Town ' s Comprehensive Plan . The subcommittee also assisted in the formulation of goals and objectives for this portion of the plan , which is expected to be completed by mid-summer of 1991 . RESOLUTION] N0 . 75 Motion by Councilman Niklas ; seconded by Councilman Liguori , RESOLVED , that the Town Board of the Town of Ithaca hereby accept the Conservation Advisory Council ' s 1990 Annual Report , as presented . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) , SOUTH HILL TRAIL Town Attorney John Barney reported that the South Hill Trail litigation has been completed and their are no further appeals so we are free to proceed on the trail . EX=IVE SESSION RESOLUTION NO . 76 Motion by Supervisor Raffensperger ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby moves into Executive Session to discuss the matter of possible litigation on Sapsucker Woods Road . ( Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none) . OPEN SESSION RESOLUTION NO . 77 Town Board Minutes 37 March 11 , 1991 Motion by Councilman Niklas ; seconded by Councilwoman Valentino , RESOLVED , that the Town Board of the Town of Ithaca hereby moves back into Open Session . (Raffensperger , Whitcomb , Leary , Klein , Liguori , Valentino and Niklas voting Aye . Nays - none ) . AUTOURNN 2U The meeting was duly adjourned . S2L �� Town Clerk AFFIDAVIT OFPUSLICATION THE ITHACA JOURNAL State of New York , Tompkins County , ss . : Gail Sullins being. duly sworn , deposes and says , that she/ he resides in Ithaca , county and state aforesaid and that 1 ' sJOWN OF ITHACA Clerk NOTICE OF PUBLIC HEARING' she/he is PLEASE TAKE NOTICE, thdt •ihe . Town' Board -1.of";the .:Town".of.r of The Ithaca Journal a public newspaper printed and published in Ithaca=wili.'meet:innd :conduct ? a;public,_hearirig do March`l l s i Ithaca aforesaid , and that a notice , of which the annexed is a true 1991; ar' �:oo P.M; a1 the;; Towri'_:Holie :126`East - Seheca : copy , was published in said paper street; ;Slthoca; ';New:_York; to; corisider,:a:.Iocdl- law..`dmenif r, in the goring. Ordindnce re= laong,.::o procedures ,for .site<k PPions-�6n :will,:ot this ..°ttme ;, hearoll;persons' in. fovor- of or!. I opposed to said local Idw ; : , Jean .H. Swart wood '- Town. Clerk March 11- -1991- Ind that the first publication of said notice was on the ay of hL�� �cc 1915\ ` Subscribed and sw rn to before me , this / day 0 19 n Notary Public . JEAN FORD Notary Public, State of New Yo►?�'. O. GC . � . 10 Qualified in Tc1—, , , ins Count ,q� Commission expires May 31, 1 9 L AFFIDAVIT OFPUPLICATION 'HE ITHACA JOURNAL State of New York , Tompkins County , ss . : Gail Sullins being duly sworn , deposes and says , that she/ he resides in Ithaca , county and state aforesaid and that she/he is Clerk TOWN OF- ITHACA • - --'"r?-c`I of The Ithaca Journal a public newspaper printed and published in NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE; that thbl'T Ithaca aforesaid , and that a notice , of which the annexed is a true Town , Board ee the Tconclu : .,, ' - Ithaca will % meet_ and coridudy< copy , was published in said P a P er a public hearing on Mgich;lll 191 at 7: 15 P. M. ,. at the Tovi , n-, Hall , 126 East Seneca Street,_'?: Ithaca.- New York, to consider: a local - law amending " the.' Zoning _ :Ordinance providing - that the Board of Zoning Ap- peals may not act in certainl circumstances ; without an of-! firmative recommendation of{ the Planning Board, and ,will-0 at this time hear alb persons iris - nd that the first publication of said notice was on the favor of or opposed to said to cal law.- : . -: .: . : ay of � r c ti 19 �_ Jean H. : Swantwoad, Town Clerk,. . March l. , 1991 C , Subscribed and sworn to before me , this / day ot, _ 19 Notary Public . JEAN FORD Notary Public, State Of New Y: ;i, No. 4554410 Qualified in Tomp!<ins '\V4mmi5's10rt expires May 31t 1 � �/ AFFIDAVIT OFPUPLICATION THE ITHACA JOURNAL State of New York , Tompkins County , ss . , Gail Sullins ,,_,b„ being duly sworn , deposes and .,3 .:TOWN 'OFITHACA " NOTICE OF PUBLIC HEARING says , that she/he resides in Ithaca , county and state aforesaid and that PLEASE TAKE"NOTICE,"that the . Town;;Boord Hof.;the :Town of:-. Clerk jlthciEa 'will trieei ,drid conduct '_ Ai she/he Is a P�bu�;f;ear�ing on"Morcha.l.;. ,:. 1991 :at 730.+P:M 4to c'onsider's '. of The Ithaca Journal a public newspaper printed and published in a proposed 'firetontract w,th the Village- of Coyuga:Heights Ithaca aforesaid , and that a notice , of which the annexed is a true ond- wilt.dt time hearall';--;: persons m favor of or opposed g copy , was published in said paper to 5° 'd p`°Po=ol j Jean�H Swartwood `" Town i C,^ , March�l ;' 1991 _ T\`''` '.. .t Ind that the first publication of said notice was on the ay of r ��a c _ 19 Subscr " d and �s'w/�rn to before me , this / day of (�0� 19 Notary Public . JEAN FORD Notary Public, State of New YoFh No. 404410 Qualified in Tcmpkins County Commission expires May 31, le/ i I AFFIDAVIT OFPUSLICATION 1FILM ITHACA JOURNAL State of New York , Tompkins County , ss . . Gail Sullins being duly sworn , deposes and says , that she/he resides in Ithaca , county and state aforesaid and that Clerk : '.TOWN OF-ITHACA she/he is " NOTICE of PUBLIC.HEARINd 'PLEASE:TAKENOTld, that th- of The Ithaca Journal a public newspaper rinted and published in _jown:: Board...` the •, Town_`,of;h. P P P ' Ithaca will meei and conduct' Ithaca aforesaid , and that a notice , of which the annexed is a true apublichearingori rch,iI ' t0 1991;. at 7 45 P1 to,`conilde� a'- local law. .amencJing copy , was published in said paper Zoningg Ordinance . requnirg6 site :plan`. oppr`ova1 for:certoin . � \ `construction in • various resi � -` C dential districts and will at. thii 'ccf time. heor"all persons 'in favor.' • of. or. ;opposed ' to 'said locbl.: V law. , • ,:._.:.: . A Jean H Swartwood March 1 , 1991 ' Town Clerk t ythat the first publication of said notice was on the of . � 0v� 19 � Subsc ' bed and ggsworn to before me , this day OT_ (.G� 19 � 'lam / Notary Public . JEAN FORD Notary Public, State of New York No. 465 /1410 Qualified in Tompkins County o Ummission expires May 311, 19 :•.L ' � c � STATISTICAL REPORT A !AL ACTIVITIES , OF THE TOWN JUSTICE 99 o [Ply No - Amount TOTAL COMPLETED CASES - - - - - - - - 16 0 9 $ 41 , 7. 8 2 TOTAL FINES , FEES & FORFIETURES -- - - -- - 41782 & Sur. Charges VEHICLE & TRAFFIC - - - - - - - - - - - - - - 1174 34 , 128 . r Speeding - - - - - - - - - - - - ° - -- - - 04145 10 , 825 Other Moving . Violations - - -- 340 21880 Non -Moving Violations 1418 11 , 2. 15 D . W : I . & Dr . W/ 10%BAC - - - - - - ° 31 Indited - - - - - - - - - - - - - - - ( 3 ) Misdemeanor Convictions ( 3 ) 11575 Reduced ' to . D . W . A •: I . = - - ( 23 ) 7 , 625 Dismissed - - - - - - - - - - - - ( 2 ) Tax " Law Violations'- - - - _ _ _ 1 100 _ Transpotation . Law Violations 2 200 CRIMINAL 151 5 , 464 Felony ' Arraignments - - - ° - ° 36 Indi ted ( 3 ) Reduced to Town Court ° ( 23 ) Dismissed . _ - - - - -- - - - - ( 4 ) Penal Law Misdemeanors - - -- ° 23 1 , 6 0 0 Penal Law Violations ° - ° - -= 34 2 , 434 New York Code Rules & Regs . - 60 11430 Navigation - -- °- - - - - - 1 125 CIVIL A LOCAL LAW Civil - -- - - - - . - - - - - - 5 50 Small Claims _ _ : _ _ _ _ _ _ AO __ _ 4 g . 3 to A bitration Dog Control Law Violations - 4 2 615 Zoning Law Violations - - ° - - 0 Civil Marriages - 41 Dnagerous Dog Compliants - - - 1 50 MISCELLANEOUSpublic Health Law 1 500 Cases Dismissed " 95 Bail Forfietures -= - - - - - - , 350 Arraignment - Other Courts - 43 Committed in lieu of Fine - - 4 ( Release when paid ) Jail as Sentence - - - - - - -- ° - 2 ( Or part of sentence ) Probation - -- - - -• - - - - - - - - - - - - 5 ( May include fine/jail ) Scofflaw cases f i 1 ed with DMV 138 Failure of. defendant to ans. Uniform traffic: ticket,; . r �V . Y . S r� : SUR CHARGES 7 RESPECTFULLY SUBMITTED TOWN JUSTICE 1 f AGENDA ITEM 1 -E FINAL (� D F )Y( MEMORANDUM v TO : Town Board members FROM : Floyd Forman , Town Planner DATE : December 23 , 1991 RE : 1991 Planning Department Annual Report Planning Board Planning Department staff continued to provide its regular technical support to the Planning Board throughout the year . Staff provided support at 20 Planning Board meetings in 1991 . Subdivision Review In 1991 the Planning Board reviewed and granted Preliminary or Final Subdivision Approval for 11 land subdivisions totaling 28 lots . This is a decrease from 1990 , when 18 subdivision proposals totaling 74 lots were approved . The Planning Board also reviewed a preliminary plat for the Cayuga Lake Estates subdivision off Orchard Hill Road . The proposed development consists of 40 lots on approximately 57 acres . Upon recommendation of staff the Planning Board made a positive determination of environmental significance for the project and directed the applicant to prepare a draft environmental impact statement . Continuing a trend which began in 1990 , most of the Subdivision Approvals granted by the Board were for two - lot subdivisions . Of the 11 applications before the Board , 7 were two - lot subdivisions . One of these was a two - lot subdivision in which land was transferred to an adjacent parcel for consolidation , and thus did not result in the creation of a new building lot . The four larger subdivisions ranged in size from 3 lots to 5 lots . Site Plan Approvals Ten proposals requiring site plan approval under the Zoning Ordinance were reviewed by the Planning Board in 1991 . Their disposition is as follows : Rogan ' s Corner , 825 Danby Road . Received site plan approval on March 5 to allow construction of a 2 , 050 + / - sq . ft . restaurant building ( new ) with additional parking ; Stellar Stereo , 702 Elmira Road . Received site plan approval on April 16 to allow construction of a 2 , 000 + 1 - sqs ft . retail store with parking and landscaping ; I S Hasbrouck Apartments , Cornell University , Pleasant Grove Road . Received site plan approval June 4 to allow the addition of 92 units through construction of a third floor onto a number of the existing two - story buildings ; LaTourelle , 1152 Danby Road . Received site plan approval on May 7 to allow expansion of the lobby and changing rooms of the existing tennis bubble , and construction of two outdoor tennis courts ; Roscoe Woodworking , 614 Elmira Road . Received approval on May 21 to modify original site plan to allow conversion of a portion of an existing warehouse from storage to light industrial use ; East Hill Plaza , Judd Falls Road at Ellis Hollow Road . received approval on June 18 to modify original site plan to allow reconstruction of the facade of the existing building ; Tompkins County Professional Building , 1301 Trumansburg Road . Received approval on July 2 to modify original site plan to allow enclosure of a 650 + / - sq . ft . interior courtyard to create a patient waiting room ; Noah ' s Boat Club / Cayuga Treats , 1000 East Shore Drive . Received approval on July 16 to modify original site plan to allow an office trailer and a mobile food stand at the existing marina complex ; Courtside:_ Racquet and Fitness Center , Judd Falls Road . Received approval on September 3 to modify original site plan . This modification allowed construction of an outdoor eating area , changes to parking and traffic circulation and additional landscaping ; Cannon Pools , Elmira Road . Received approval on September 17 to modify original site plan to allow conversion of the existing 5 , 000 sq * ft . building from two retail sales spaces to three retail spaces ; No further Planning Board review of the proposed McDonald ' s restaurant at East Hill Plaza occurred in 1991 . The Planning Board made a positive declaration of environmental significance for the proposed project on July 24 , 1990 . Further review of project is suspended pending receipt of the draft environmental impact statement from McDonald ' s Corporation . 2 Special Approvals The Planning Board reviewed and made recommendations to the Zoning Board of Appeals with regard to requests for Special Approval for 3 proposed developments in 1991 . All three requests involved Cornell University projects , as follows : Oxley Temporary Parking Lot , Dryden Road opposite Central Heating Plant . Resolution to the Zoning Board of Appeals recommending approval for the project was passed by the Planning Board on March 19 ; Maintenance and Service Operations Fuel Facility , C . U . Orchards . Resolution recommending approval for the modification of the original site plan was passed by the Planning Board on July 2 ; Tennis Center , Pine Tree Road south of Judd Falls Road . Positive recommendation made to ZBA with regard to Special Approval , and Site Plan Approval granted on December 17 ; Cornell University G / EIS During 1991 planning staff continued to work with engineering staff in overseeing Cornell University ' s Precinct 7 planning project and development of a Generic Environmental Impact Statement ( G / EIS ) . The Planning Board as Lead Agency made its positive determination of environmental significance on May 21 and approved the scope for the draft impact statement on June 18 . In anticipation of receiving the draft G / EIS from Cornell University in February , staff has prepared a Request for Qualifications to solicit outside consultants to assist with review of the draft G / EIS . Development Review Administration Planning staff continued to administer the development review fee and escrow system including provisions for better accounting of staff time spent on reviewing development proposals . The Town is expected to recover approximately $ 4 , 250 from development review - related costs in 1991 for planning staff time . Comprehensive Flan Planning Department staff , working with Stuart I . Brown Associates of Rochester , continued to provide staff support to the Comprehensive Planning Committee ( CPC ) as it prepares a new Comprehensive Plan for the Town . Work accomplished during 1991 includes : I 3 1 . Completion of an extensive inventory and analysis of the geographic , economic , demographic , and natural features that make up the Town of Ithaca . The draft inventory chapter and maps were presented to the public at an informational meeting on October 14 , 1991 . 2 . Completion of a set of draft goals and objectives statements for the Comprehensive Plan ; As the year comes to a close , staff is preparing policies for review by the Comprehensive Planning Committee . These policies will implement the goals and objectives . It is hoped that a draft comprehensive plan will be available for consideration by the Planning Board in the Spring of 1992 . Planning staff: was present for 25 Comprehensive Planning Committee meetings in 1991 , as well as at 19 meetings of its Land Use , Transportation , or Goals and Objectives subcommittees . Conservation Advisory Council Planning Department staff in the past year has provided support to the Town of Ithaca Conservation Advisory Council ( CAC ) in a number of areas , including development of the CAC Open Space Inventory and preparation of those sections of the Comprehensive Plan relating to agriculture . Planning staff in 1991 also worked to more effectively integrate the CAC Environmental Review Committee into the development review process . In addition to numerous working meetings with the Open Space and Agriculture committees , staff attended 15 Conservation Advisory Council meetings in 1991 . Codes and Ordinances Committee Planning staff along with zoning and legal staff provided technical support to the Committee throughout 1991 as it addressed a number of Town land use regulation issues . Among the issues were : environmental protection overlay districts ( EPODs ) , minimum open space requirements in business districts , proposed landscaping regulations , expansion of the uses requiring special permits , changes to fill regulations , a requirement that the Planning Board :make a positive recommendation before the ZBA may proceed with a decision concerning the issuance of a special permit , and requiring the posting of signs on property to be developed . Staff attended 12 Codes and Ordinances Committee meetings in 1991 . 4 Zoning Board of Appeals In 1991 Planning staff continued to prepare environmental assessments for cases before the Zoning Board of Appeals . Planning staff prepared 13 environmental assessments for the Zoning Board of Appeals in 1991 . Miscellaneous Planning staff represented the Town of Ithaca at a number of meetings involving State , County , and City bodies , as well as Cornell University , and involving a variety of regional planning and governmental issues of mutual concern . Staff has met with County , City , and Cornell University officials on a number of occasions to :specifically discuss transportation issues affecting all parties to the discussions . Staff Development Asst , Town Planner George Frantz attended New York Land Institute seminars on the subdivision process and SEQR in Rochester on February 21 and 22 . Asst . Town Planner George Frantz with John Whitcomb and Candace Cornell of the CAC attended a seminar on wetland regulations presented by the - New York Land Institute in Syracuse on April 27 . Asst . Town Planner George Frantz and Candace Cornell of the CAC on September 26 attended a day - long workshop on field identification of wetlands presented by SUNY College of Environmental Science and Forestry . Town Planner Floyd Forman and Asst . Town Planner George Frantz attended one day of the annual Zoning Institute of the New York Planning Federation on November 19 . Town Planner Floyd Forman attended a one day seminar sponsored by the Tompkins County Environmental Management Council on wetland functions and preservation techniques on Saturday , November 23 . 5 FINAL TOWN OF ITIMACA TOWN COURT 126 E. SENECA STREET ITHACA, NEW YORK 14850 WARREN A. BLYE MERTON J. WALLENBECK Town Justice Town Justice December 31 , 1991 This portion of the Ithaca Town Court is now computerized for most of the routine records . and reports . The system has been recently updated to meet the newestt=regUiretents of the Department of Audit and Control , and the Office of Court Administration . One new requirement involves a 30 "poundage " to be taken from cash bail received ,, - of which 2 % is eventually returned to the Town . The "Dockets " are computer filed , and subsequently generated and hard cover bound , complete with a simplified index and filing system for easy retrieval . Statistical listing of fines , fees etc : 1990 1991 Vehicle and Traffic fines 55 , 592 . 00 69 , 718 . 00 Criminal Fines 17 , 029900 13 , 518 . 00 New York State Surcharge 18 , 876 . 00 28 . 022900 Civil Fees 165 . 00 175 . 00 Forfieted Bail 1 , 712 . 00 4 , 600900 Amount forwarded to Audit and control $93 , 374 . 00 $ 116 , 033 . 00 Respectfully Submitted Merton J Wallenbeck 1� � TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Ithaca will meet and conduct a public hearing on December 31 , 1991 at 11 : 15 a . m . to consider the Sewer Service Agreement between the Town of Ithaca and the City of Ithaca , and will at this time hear all persons in favor of or opposed to the agreement . Betty F . Poole Deputy Town Clerk PUBLISH : December 20 , 1991 TOWN�OF ITHACA �4t , { NOTICE OF 1PL1 BLIC ) " HEARING = f . PLEASE TAKE NOTICE that • •the Town Board of_the Town '- ' of Ithaca will meet and con'=:1 C% duct a public hearing on De- ! i;cember . 3It 1991 at 11:: 15 ' a .m : toy consider the Sewer ! "Service Agreement between the Town of Ithaca and the ' City of Ithaca, and will at this time hear all person in favor ' of or . opoosed :' to the .:. agreement - Betty F. , Poole ` Depuy Town Clerk . . December 20, 1991 FINAL TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION Betty F .. Poole I , 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 Hall Bulletin Board Date of Posting , December 10 , 1991 Date of Publication : December 20 , 1991 Deputv Town C erk , Town of Ithaca STATE OF NEW YORK ) COUNTY OF TOHPKINS ) SS : TOWN OF ITHACA ) Sworn to and subscribed before me this ,\ �z day of - � 19 � . LEAH B. CARPENTER Notary Public, State of New York Notary Public Qualified in Tompkins Co. No. 4797177 My Commission Expires April 30, 19�-�'t ,ew ,, - F1NAL TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION i Betty F . Poole , Deputy Clerk I , 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 Hall Bulletin Board Date of Posting : December 10 , 1991 Date of Publication : December 20 , 1991 Deputy Town d(jerk , Town of Ithaca STATE OF NEW YO11K ) COUNTY OF TOMPKINS ) SS : TOWN OF ITHACA ) Swor to and subscribed before me this day of 19 � . V LEAH B. CARPENTER Notary Public, State of New York Notary Public Qualified in Tompkins Co. No. 4797177 My Commission Expires April 30, 19_ (�� I / TOWN OF ITHACA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Ithaca will meet and conduct a public hearing on December 31 , 1991 at 11 : 00 a . m . to consider the Water Service Agreement between the Town of Ithaca and the City of Ithaca , and will at this time hear all persons in favor of or opposed to the agreement . Betty F . Poole Deputy Town Clerk PUBLISH : December 20 , 1991 TOWN OF ITHACA ` i.NOTICE OF PUBLIC HEARING i LEASE TAKE NOTICE thief the Town Board of the Town' =c cr.of Ithacd will meet and can- ! a ublic hearin on De- cember .31 , 1991 a ,11 :001 a.m. to "consider the Water, . Service Agreement between , the. Town of Ithaca and the ":City of Ithaca and will at this time hear all persons in favor . .of or 'opposed to the agreement. Betty F. Poole DepPuty Town Clerk ' ,December 20, 1991