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Home My WebLink AboutTB Minutes 1992-04-13 TOWN OF ITHACA Town Board Meeting April 13, 1992 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 A. 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 Joan Lent Hamilton, Town Clerk Andrew Frost, Building Inspector/Zoning Officer Daniel Walker, Town Engineer Scott McConnell, Highway Superintendent Floyd Forman, Town Planner Candace Cornell, Vice Chair CAC Laura marks , CAC Member Allen Greene, Youth Development Coordinator, City of Ithaca Ric Dietrich , Youth Bureau, Outings Director, City of Ithaca Nancy Zahler, Tompkins County Youth Bureau Patricia Driscoll Robert and Barbara Cotts Fred Koslov J . Earl and Margaret J. Thomas W. F . Shipe Phil and Pat Cornell Jim and Carol Brinkerhoff Steve Zinder Joseph Quigley Norman Guidi Ed Halberg Montgomery May ABSENT: Linda Nobles, Assistant Budget Officer/Personnel Manager Pledge of Allegiance : Supervisor Raffensperger led the assemblage in the Pledge of Allegiance . Call to Order: Meeting called to order at 5 : 37 p. m. Town Board Mtg. Minutes 4113/92 Pg . 2 Aaenda_ Item #5 - Report of Town Officials a. Supervisor ' s Report- The Supervisor reported that she had attended a Supervisor ' s Forum sponsored by the Association of Towns in Albany on April 5th - 7th . The majority of the discussions were with State Legislators and centered around State budget matters. Items of interest to the Town of Ithaca are , Consolidated Highway Improvement Program ( CHIPS ) , funds will be out at least 6 . 5% due to the shifting of aid from the Operation and Maintenance portion of the budget to the Capital Project portion . Revenue Sharing will be out 15 . 4% , recreation funds for the elderly will be cut but it is not known what impact it will have on individual towns . Code enforcement aid will be cut completely, in 1991 the Town of Ithaca received $9665. 00 . The Supervisor estimated that in this State fiscal year the Town of Ithaca will lose approximately $25, 000 to $30,000 in various farms of State aid . There was no legislative action on mandate relief or local government mandate options during this session . The legislators have stated they will address those issues when they return from recess . The Supervisor requested that all Committee Chairpersons who have not turned in schedules of their meetings do so as soon as possible, so a single mailing can be made notifying people of the dates and times . b. Town Engineer's Report- (Written report attached, ) The water and sewer project cleanup at Inlet Valley will begin this week. Phase II is in the review process with the DEC , and the stream crossing permit should begin in July. The town has its second earth fill permit, with about 38 ,000 yards of fill in the Orchards area . This was recommended by the Planning Board , and the Board of Appeals issued a fill permit. c . Highway Superintendent ' s Report- Superintendent McConnell reported that the townwide junk pickup is complete with all of the personnel from the Highway and Parks Departments participating, (written report attached ) . The Supervisor stated that there were some complaints about the junk pickup, but there were also numerous compliments . Councilman Riklas thanked the Highway Superintendent and his personnel on behalf of the Board for an enormous task well done . Town Board Mtg . Minutes 4/13/92 Pg . 3 Agenda Item #5 - Cont ' d d. Town Building Inspector/Zoning Officer Report- Mr. Frost had nothing further to add to his written report. ( See attached. ) The Supervisor asked Mr. Frost if there is any indication that building/construction in the town will be increased this year. Mr. Frost responded all indications are for about the same as last year. e . Town Planner ' s Report- (written report attached. ) Mr. Forman reported that Councilman Whitcomb; Assistant Town Planner, George Frantz; and he attended a landscape architecture class at Cornell University. The class addressed land use scenario ' s for Inlet Valley. At a special meeting of the Comprehensive Planning Committee (CPC ) on March 31 a number of those alternative ' s were presented. It proved to be interesting and informative . Mr. Forman reported that the GEIS schedule has been revised. A planning draft will be completed by April 21 at which time a meeting with Cornell will be held to review it, with tentative delivery to the Planning Board on May 19 . Agenda Item #7 - Report of Town Committees Councilwoman Valentino reported on the Youth Commission ' s meeting in March with the City Youth Bureau. They are in the process of analyzing the costs of the programs and how the City makes the decisions concerning the Town ' s portion. She stated that it will be very enlightening, especially the capital projects. Councilwoman Valentino explained the New York State Cable Commission feels the City of Ithaca ' s cable franchise is the best in the State, and they send it out as a model for other municipalities to follow. She further stated that the City of Ithaca has a very active Cable Commission, it might be beneficial to the Town of Ithaca to form an intermunicipal cooperation with them. Attorney Barney interjected that the Town of Danby, Village of Cayuga Heights, Groton and others have already joined to negotiate their contracts . The City of Ithaca franchise has some things which are not appealing to the Town, such as the length of the contract ( fifteen or twenty years ) . He further stated that the City is finished with their negotiating process . There is now legislation before Congress that may allow greater regulating activity on the local level . Attorney Barney recommended that if the Town enters into any contract to make it a short term agreement for only a few years . Toren Board Mtg . Minutes 4113192 Pg . 4 Agenda Itern #7 - Cont ' d Councilman Liguori had nothing to report , but asked about the Leaf and Brush Pickup. The Highway Superintendent has scheduled the pickup for May 4 through May 8 . It will be advertised . Councilman Niklas reported the Codes and Ordinance Committee has finished its preliminary review of a draft legislation for the steep shape EPbD . Attorney Barney' s office will be working on Joining together the FPOD ' s on stream corridor and steep slope . The EPODS make reference to a preliminary map available at the Town Planner ' s Office. The Committee is asking the public to look at that map as they read the draft legislation keeping in mind what effect the legislation would have on the area . The Committee ;gill compile the comments and opinions of the Town Board and Committee members and advertise for a Public Hearing. Floyd Forman stated that lie would like to give the Town Board and the Committee some alternatives so they can determine which would most likely suit the town ' s needs. Councilman Niklas requested that Mr . Forman use one map to outline the alternatives so there is no confusion as to which map is being considered when questions are posed. Agenda Item #8 - Report of County Board of representatives No one was in attendance to give a report . Agenda Item #10 - Judd Falls Repaving The Supervisor submitted a copy of a resolution adopted by the Forest dame Improvement Association Executive Committee who have asked to meet with our staff to see what is being proposed for this road. Councilman Liguori , Chain of the Publiu Works Committee; Supervisor leaf€ensperger; Highway superintendent McConnell , and Dan Walker will attend a meeting April 22nd, at 7 : 30 p . m. in the Forest dome Chapel to explain the proposal and to receive comments . The surface difficulty on Judd Falls Road relating to major drainage problems will be discussed at the meeting , and a report will he given to the hoard at the May meeting , Agenda Item #3 - joint Youth Commission Summer ,Iola Program Councilwoman Valentino introduced Nancy Zahler, County Youth Bureau Director to the 'faun Board . ms. Zahler reported the Youth Commission with the Villages of Lansing and Cayuga Heights are proposing two related programs Town Board Mtg. Minutes 4/13/92 Pg. 5 Agenda Item 43 - Cont ' d dealing with summer youth employment opportunities . The first recommends that a crew of eight young people be hired to work on a conservation related project. The youth hired would be from the Village of Lansing and the Town of Ithaca. They would work exclusively in the Town of Ithaca for five weeks this summer. The youths hired would be under the supervision of the City of Ithaca Youth Bureau . The Town of Ithaca would have a commitment for the summers of 1992 and 1993 where the youth would work exclusively in the Town of Ithaca in 1992 and in the Village of Lansing in 1993 . This would be a joint program with the same financial commitment for both years . The Supervisor reported that the town does not have any funds specifically budgeted for this program, however George Frantz, Assistant Town Planner feels we could accommodate the request through the South Hill Trail Recreationway funds. Attorney John Barney asked what payroll the youth would be on and was told the they would be on the City of Ithaca' s payroll . Mr. Allen Green, Ithaca Youth Bureau stated that a similar program took place in the Town of Dryden last year and it was very successful . The authorization for the program would be contingent upon an agreement whereby the construction goals of the town in the section to be worked on would be consistent with what the Youth Bureau wishes to do with a Youth Conservation Corps. Ms. Zahler reported the Youth Bureau ' s goal is to hire youth from a variety of backgrounds and social histories so they can interact with one another. The second proposal , the Subsidized Summer Job Program has not been budgeted for in the Town of Ithaca 1992 Budget. Ms . Zahler reported the funding available for youth projects available to the town include the possibility of funds from Tompkins County and the New York State Division for Youth. Ms . Zahler stated there is some flexibility with the County funds by waiving a town tax match. The County wishes to stimulate and encourage communities to do more youth programming . The County may be able to enact a plan where the total cost of the program would consist of the County paying half, and the State paying half with the understanding that the Towns begin budgeting for these programs in later years . Town Board Mtg . Minutes 4/13/92 Pg. 6 Agenda Item #3 - Cont ' d The Town of Ithaca participated in this program last year with a smaller number of youth with no cost to the town. Councilwoman Valentino mentioned that it was a wonderful program beneficial to all and feels this is the opportune time for the Youth Commission to look at these Programs and develop them even further. The long term goal of the County is to stimulate a financial partnership with local governments in the coming years so more youth can be served. The Supervisor mentioned there is a general concensus to accept the Youth Conservation Corps program if the town can arrange to have the youth work on the South Hill Trail . Councilwoman Valentino made a motion to adopt the prepared resolution. Seconded by Councilman Liguori . Carried unanimously. (See attached . ) Agenda Item #4 - South Hill Presentation A resolution passed by the Town Board in 1989 approving this project had a requirement that the Town Board approve any design changes . George Frantz , Assistant Town Planner presented to the Board a series of construction drawings. Mr. Frantz began by describing the trail which will be a compacted gravel surface seeded with grass . The gravel will provide a hard surface for bicyclists with the grass holding it in place . The exception will be the section from the lower railroad grade to Juniper Drive, at the end of Burns Road, and near the ramp on Pleasant Place because of the steep radiance . These sections will be paved to control erosion. The trail will have a grading kept at 8% or less to accommodate wheelchair ramps. The Coddington Road section running to Juniper Drive is being completed now because of a time limit due to an easement from Orlando Iacovelli having to do with the piece of the NYSEG right- of-way that he purchased. A condition of that easement is the town must fill in the railroad cut to the grade of the proposed road. This will be done when we know I-Jr. Iacovelli ' s construction date and is contingent on the closing purchase with NYSEG. The trail will be eight feet wide, but only a six feet wide section will show and have to be mowed by the Parks Department on a weekly basis. The grass to be used on the edges will grow to approximately six to eight inches . A culvert will have to be installed near the railroad grade . Town Board Mtg. Minutes 4/13/92 Pg. 7 Agenda Item #4 - Cont ' d The future Klondike Lane will cross the trail and will have to be filled in to accommodate the road and create ramps on each side at a maximum of 8% grade . At Juniper Drive , to better control better access and prevent unauthorized motor vehicles there will be a gate at the across the end. The major change since 1989 is the future development of Klondike Lane . A fill must be created to the level of the road . To obtain the fill in an economical manner it will be taken from approximately 300 feet west from a section of the railroad grade on an embankment. Councilman Niklas asked how the removal of the dirt would effect the drainage patterns of the homes in the area. Mr. Frantz stated they had addressed that issue by keeping the level of the trail four feet above the bottoms of the culverts which handle the drainage . Councilman Niklas pointed out the Town has passed a new piece of legislation governing fill and grading, and it must be approved by the Town Engineer. The Town Engineer must approve the plans of the South Hill Trail so he will be aware of filling and grading . Councilman Niklas asked what volume of fill was to be moved. The amount of fill will be about 3700 cubic yards, or approximately 300 to 500 truckloads. Mr. Frantz recommended the Town Board not take any action tonight, but suggested they send a letter to each of the landowners this trail borders and tell them the plans are in the Planning Office for their review and comments . There is a possibility that the construction Mr. Iacovelli is proposing may not take place . Mr. Iacovelli has made a proposal that in exchange for allowing him to build some multiple resident units on a different parcel, he would be willing to move the Klondike Subdivision up above the railroad grade and donate the three and one half acres below it to the Town as a park. The Supervisor reported that the Civic Association and some staff members have been looking at this proposal . The Planning Board would have to also address the issue , with possible rezoning taking place . There would have to be the proper Public Hearings after all the appropriate committees and agencies reviewed it. Mr. Frantz has contacted residents in the neighborhood to seek their opinions of this proposal . Mr. Frantz reported that a SEQR was completed on the project in Town Board Mtg . Minutes 4/13/92 Pg. 8 Agenda Item #4 - Cont ' d 1989 . The town would have to investigate if it were necessary to perform another SEAR. Councilman Niklas requested there be communication and open meetings for the residents of the area to obtain their views and concerns. Mr. Frantz mentioned this would be a beneficial change for the residents as there is now an embankment in their backyards . The embankment would be cut down with removal of brush and new plantings after its removal . Agenda Item #12 - Bolton Point Rules and Regulations In Relation To Water deter Readings The Supervisor reported that at an earlier date a series of discussions ensued dealing with people who do not read their water meters . The Board felt at that time the Bolton Point Commission was not fair, the fines were too large and there were insufficient warnings. The Bolton Point Commission has revised that section. The procedure gives a series of warnings to people who are not reading their meters. The Commission has gone through the many procedures recommended by the various Town Boards , and this proposal seems to address most of them. Councilman Niklas made a motion to hold a Public Hearing at 7 :00 p. m. , tfay 11 , 1992 at the regular meeting of the Ithaca Town Board to consider the modifications to the Bolton Point Rules and Regulations in Relation to the Reading of Water Meters . Seconded by Councilwoman Valentino . Carried unanimously. Agenda Item #13 - Consider the Intermunicipal Agreement Regarding the Cross Connection Control Law for Bolton Point Attorney Barney reported there has been an agreement made between the municipalities . The Town of Lansing is not satisfied with the agreement and will be contacting the town. The Supervisor suggested that the Town of Ithaca not hold a Public Hearing until we have a finalized version of the agreement to avoid unnecessary expense . Agenda Item #11 - Agreement/Highway Superintendent to Expend Funds The Supervisor requested this item be reviewed by the Public Works Committee and be added to the Town Board agenda for May. Town Board Mtg. Minutes 4/13/92 Pg. 9 Agenda Item #14 - Contract Planning Services Stuart Brown Associates The Supervisor reported the contract was similar to ones the Town has agreed to in the past with a small increase in the hourly fees. There is a clause whereby the Town may terminate the services at any time as long as we pay for the services up to that date and give fifteen days notice . Motion made by Councilman Niklas to approve and authorize the Supervisor to sign the contract with Stuart Brown Associates . Seconded by Councilman Liguori . Carried unanimously. (See attached) . Agenda Item #15 - Approval of Town Board Minutes Motion made by Councilman Niklas to approve the Town Board Meeting minutes of December 9, 1991 as written . Seconded by Councilman Whitcomb. Carried unanimously. Motion made by Councilman Niklas to approve the Town Board Meeting minutes of March 9 , 1992 as written. Seconded by Councilman Whitcomb. Carried unanimously. Agenda Item #16 - Amendment to Town Clerk Fees The Supervisor reported the Town Clerk Fees had not been changed for a number of years . She has received copies from staff outlining the various fees the Town charges for licenses, fees, permits, etcetera. Councilman Niklas made a motion to set a Public Hearing at 7 : 15 p. m. , May 11 , 1992 at the regular meeting of the Town Board to consider "A Local Law to Establish and Change Fees Collected by the Town Clerk. Seconded by Councilman Whitcomb . Carried unanimously. The Town Clerk explained to the Board the proposed increases and why she felt they were justified . Councilman Niklas asked if the suggested fees were in line with what other municipalities were charging . The Town Clerk assured the Board a comparison was made and they are in line with other municipalities . The Town Clerk further noted, she along with the Town Attorney would review the Local Laws to determine if there are any other additional fees to be considered for changing at the Public Hearing. Encompassing all fees within one Local Law would simplify any later changes because only one Local Law would require amendments . Town Board Mtg . Minutes 4/13/92 Pg. 10 Agenda Item #16 - Cont'd Councilman Whitcomb suggested that we charge only $ . 10 for each copy instead of the recommendation of the $ . 20 for the first 10 and $ . 10 for each over 10 . Attorney Barney explained the theory behind the initial higher charge is that most of the administrative expense is incurred with the first copy, such as retrieval of the document to be copied. Once the first copy is made the administrative costs have been built into that. With a smaller document you retrieve the initial administrative costs, with a large document the customer won ' t be penalized . The Board discussed the suggestion of allowing individuals to borrow copies of documents to have copied on their own. The Town Clerk felt it could create many problems to do so. The Supervisor explained that the town does not really recover the cost of providing documents to people with the price we charge . Agenda Item #17 - Floating Holiday for Highway/Parks Departments A recommendation has been made by the Personnel Department based upon a request by the Highway/Parks Departments, as they were consistently being out voted on the floating holiday by the rest of the staff. The Highway/Parks Department ' s preference is not to have the floating holiday in the winter because there is a probability they would not be able to use it because of snow. They have asked if they can vote separately on the floating holiday, as well as observe a different floating holiday so this can be avoided. Motion made by Councilman Niklas approving the separate balloting and separate observance of the floating holiday for the Highway/Parks Departments . Seconded by Councilman Liguori . Carried unanimously. (See attached. Agenda Item #18 - Investment Reports The Supervisor explained that it is necessary at this time of year to review the Investment Reports . There are no proposed changes to the Investment Policy. The investment income for the Town for 1991 was $391 ,076 . 51 . The interest rates have been dropping drastically. The explanation of the large amount of investment return was due to the investments for the Capital Projects. Town Board Mtg . Minutes 4/13/92 Pg . 11 Agenda Item #19 - Policy of Eligibility for Health/Dental Plan for Part Time Employees Including Elected Officials The Personnel Committee is recommending that the Town approve and authorize participation of regular part time and elected officials on the towns group health/dental plans provided there is a 50/50% contribution between the town and employee/elected official for the health plan. The full time employees share the cost with the town on a 20/80° ratio for health, and the employees pay the full cost of the plan for dental . Councilwoman Leary asked what was the rationale in making the contribution rate 50/50% for health insurance instead of the 20/80% for all other employees. The Supervisor explained that for part time employees to receive the same supplemental fringe benefit as the full time employee was not equitable . In essence the 80% for full time employees represents a quantity of money, therefore for part time/elected officials it would be equitable to have the 50% . Councilwoman Leary stated that other municipalities provide the same coverage for part time/elected officials and full time . The Supervisor had reviewed this and found it varies greatly from one municipality to another. The Personnel Committee feels this proposal was a reasonable and responsible fringe benefit for part time employees and elected officials . Councilwoman Valentino, a member of the Personnel Committee commented the committee did not want the insurance denied to people and this proposal seemed to be a fair equitable way to accomplish this. Supervisor Raffensperger stated the memo from the Personnel Committee and the resolution clearly shows the committee ' s unanimous approval of this proposal . Councilwoman Valentino moved the motion to approve the resolution outlining the participation of part time employees and elected officials in the Town ' s health/dental group plans. Seconded by Councilwoman Leary. Carried unanimously. (See attached. ) Agenda Item #20 - Rental Large Document Copier Town Engineer, Dan Walker reported to the Board there is a great deal of large document copying to be done for the Phase II portion of the water and sewer projects plus records drawing. Town Board Mtg . Minutes 4/13/92 Pg. 12 Agenda Item #20 - Cont ' d The xerox copies of these items are costing approximately $4 . 50 each . The average spent last year for these types of copies per month was $100 .00 . Xerox has a no risk trial plan allowing full usage of a large document copier for 90 days at a cost of $330 . 00. The copier would copy up to 42 inches with unlimited length. At the end of 80 days the Town has the option of not leasing the copier, entering into a lease agreement, or purchasing the copier at a price of $6400 . 00 . The town could purchase a full service contract for an additional $27 . 00 per month . Mr. Walker had no information on the lease options. Mr. Walker explained the 90 lease amount of $330. 00 is what the town would be paying for reproduction of these documents anyway. This machine could be used for the Capital Projects, and can be placed on a desk. Councilman Niklas asked if there were any possibility of purchasing this equipment through an intermunicipal agreement. The Supervisor explained the town has an informal agreement with other municipalities to borrow equipment such as this, and then lend other equipment to them in return when needed. Motion made by Councilman Niklas authorizing and approving the Engineering Department ' s trial lease, for a ninety day trial period, of a Xerox Large Document Copier, with the understanding the trial does not commit the Town of Ithaca to purchasing the copier, and the cost of $330 . 00 for the trial period be paid out of the Capital Projects budget. Seconded by Councilwoman Valentino. Carried unanimously. Agenda Item #21 - Bid Highway/Plow Snow Truck Highway Superintendent McConnell reported they received three bids for the truck. Two for the plow, wing and box; and one for the truck cab, and chassis. The low bidder for the box, wing, and plow was Robert' s Equipment for a price of $30, 730 . 00, with an option for air controls for $600. 00 and a deduct for a twelve inch cabinet as opposed to a hoist cabinet. The deduct will not be taken . The bid for the truck was $66 , 631 . 80. Both low bids were responsible bids, and are acceptable to the Highway Superintendent. Motion made by Councilman Liguori authorizing the Highway Superintendent to purchase one Mack cab and chassis from Beam Mack as specified at a price not to exceed $67 ,000 ; and the plow, wing, and dump box from Roberts Equipment as specified at a price Town Board Mtg . Minutes 4/13/92 Pg . 13 Agenda Item #21 - Cont' d not to exceed $32 ,000 . Seconded by Councilwoman Valentino . Attorney Barney asked about the difference in the price quoted in the resolution and the actual bid price . He recommended a change in the amounts in the resolution from $67 ,000 to $66 , 631 . 80, and from $32,000 to $31 , 330. Motion with amendments as recommended by the Town Attorney. Carried unanimously. Agenda Item #22 - Water and Sewer Billing Refunds The Supervisor and Town Clerk explained to the Board each water and sewer billing refund. Motion made by Councilman Niklas authorizing refund for the account #4259 as outlined in the attached . Seconded by Councilman Liguori . Carried unanimously. Motion made by Councilman Niklas authorizing refund for the account #U-3252 as outlined in the attached . Seconded by Councilman Liguori . Carried unanimously. Motion made by Supervisor Raffensperger authorizing refund for the account #F-767 as outlined in the attached. Seconded by Councilman Niklas. Carried unanimously. Motion made by Councilman Niklas authorizing refund for the account #W-4796 as outlined in the attached. Seconded by Councilman Liguori . Carried unanimously. Agenda Item #23 - Water Extension Request, West Hill Town Engineer, Dan Walker told the Board that extending water to this area would entail an extensive project. The area is approximately one mile from the nearest town water line . Serving this amount of people at this elevation would require a pump station, a water storage tank, and would cost around $1 ,000,000. Over the past year when other requests have been made for extensions to the water and sewer districts the Board has opted to wait before planning any projects for the Comprehensive Planning Committee ' s recommendations . Supervisor Raffensperger mentioned the Board has asked the Engineering Department to do low level cost estimates for petitions of services received . The Drew Subdivision for many years has contacted the town about their difficulties with water. The Town Board may consider asking the Town Engineer to develop some cost figures, to show people that the cost would be prohibitive for the area. This will show the people who have i Town Board Mtg . Minutes 4/13/92 Pg . 14 Agenda Item #23 - Cont ' d signed the petition that the Board has always taken their problem seriously, but the Board would have to consider very carefully a project of that magnitude . The petition represents approximately 60% of the homes in the area. Councilman Niklas mentioned that he has considered purchasing a home in that area and was very concerned about the water problems, and that he would have a conflict of interest concerning this issue . They do not have trouble with water volume in the wells, they have problems with the chemicals in the water . Motion made by Councilman Whitcomb authorizing the Town Engineer develop cost estimates for the construction of a water district to the Drew Subdivision. Seconded by Councilman Liguori . Five ayes, one abstention by Councilman Niklas. Motion carried. Agenda Item #6 - Public Hearing, "An Ordinance Amending the Ordinance Regulating Traffic and Parking in the Town of Ithaca to Establish Stop Signs On All Three Approaches To The Intersection of Tudor Road and Park Lane" The Supervisor opened the Public Hearing at 7 : 30 p. m. The Town Clerk had the affidavit of posting and publication . Fred Koslov addressed the Board and voiced his approval of the proposed ordinance . Supervisor Raffensperger stated the proposed ordinance is in response to the request,-; of residents at the last meeting . The Supervisor asked if there were any other persons to be heard concerning this ordinance . Public Hearing was closed at 7 : 47 p . m. Motion made to adopt said Ordinance as written by Councilwoman Valentino. Seconded by Councilman Whitcomb . No further discussion . Roll call vote carried unanimously. Agenda Item #9 - Persons To Be Heard Fred Koslov asked to address the Board . Mr. Koslov stated he has a Notice of Outstanding Taxes from 1989 the notice was sent to the former owners of his home on Park Lane . The former owners did not forward it to them. The Koslov ' s have paid their tax bills on a timely manner since moving into the home . The original bill on the property from 1989 was $744 .00 and with Town Board Mtg . Minutes 4/13/92 Pg. 15 Agenda Item #9 - Cont' d interest and penalties it is now $1256 . 00 . Mr. Koslov stated he would have paid the original amount of $744 . 00 if he had known about it. He did not know about this bill until two weeks ago. He asked the Town Board if there were anyway the interest and penalties can be waived that are subject to the original billing. Supervisor Raffensperger explained to Mr. Koslov that the tax collection comes from the County Assessment office . Attorney Barney told Mr. Koslov that the County goes by the owner of the property on March 1 . If there is a change of ownership we are unaware of it. It is the responsibility of each homeowner to make sure he receives his tax bill . Once the bill is issued it can only be changed for 30 days, after that time lapses there is nothing that can be done about the bill unless it is unconstitutional . The State Legislature sets the standards on these issues . Patricia Driscoll addressed the Board concerning parking along the roads in the Town, such as Texas Lane . Supervisor Raffensperger told Hs . Driscoll that there are parking regulations in the ordinance . The ordinance just passed was to address the stop signs at the intersection of Tudor and Park Lane . Agenda Item #24 - Home Rule for Retirement Legislation The Supervisor told the Board that when a municipality requests legislation of the State a Home Rule Message must be passed. She explained she had corresponded with Senator Seward and Assemblyman Luster requesting this legislation and was notified that each of the three employee ' s will have to be done separately. The Home Rule Message being addressed tonight is for the application of retroactive membership in the New York State Employee ' s Retirement System for Nancy Fuller. Councilman Niklas moved the attached Retirement Home Rule Message . Seconded by Councilwoman Valentino . No further discussion. Carried unanimously. Agenda Item #25 - Water Benefit Assessment Refund Town Engineer, Dan Walker told the Board Mr. Brown had some questions about when the sewer would be brought to his home , and that he was not assessed properly for the water units on his tax Town Board Mtg. Minutes 4/ 13/92 Pg . 16 Agenda Item #25 - Cont ' d bill . Upon investigation, Mr. Walker found that to be the case and is recommending Mr. Brown only be assessed for two units instead of three . Motion made by Councilman Liguori, seconded by Karl Niklas that a refund be made to Mr. and Mrs . Donald Brown as per the attached resolution . Carried unanimously. Agenda Item #26 - Budget Amendments The Supervisor told the Board there are amendments necessary in the accounting and she has reviewed these amendments . Motion made by Supervisor Raffensperger adopting the attached resolution authorizing said budget amendments . Seconded by Councilman Niklas . Carried unanimously. Agenda Item #27 - Carpet Cleaning Town Hall The Town Clerk reported we have received estimates from ABC Services of Ithaca for cleaning the carpets after the remodeling project is completed. She also told the Board there are places in some of the carpets where the fabric is coming off the floor, and it may become worse after cleaning . The Board instructed the Town Clerk to obtain estimates for the replacement of those carpets which are badly deteriorated . Agenda Item #28 - Personal Computer for Town Clerk The Supervisor explained a request has been made from the Town Clerk to have a personal computer which would be compatible to that of the Deputy Clerk and the Town Attorney. The Supervisor has also had a request for the replacement of a computer at the Highway Department. Supervisor Raffensperger- told the Board the town needs to look at all the computer equipment it owns to determine where we want to go with it. It would be beneficial to the Town to review the whole system instead of replacing pieces one at a time when needed or requested. An analysis would allow us to fit any new equipment into an overall scheme . Councilman Whitcomb contacted an acquaintance who has put together a list of questions we need to ask to meet our needs . Councilman Whitcomb stated in the past we have purchased or rented computer equipment without any systematic basis, and the business industry is moving towards of system of personal computer networking . Councilman Whitcomb ' s contact said he would Town Board Mtg . Minutes 4/13/92 Pg. 17 Agenda Item #28 - Cont ' d be happy to give an estimate assessing the system we have and make recommendations . The town could also use a professional consultant or vendors . Councilman Whitcomb also recommended a committee be established to address this issue . The Supervisor asked Councilman Niklas , Councilman Whitcomb, Daniel Walker, Joan Lent Hamilton, Linda Nobles, and John Czamanske be on the Automated Data Processing (ADP ) Committee . Councilman Niklas suggested that the staff get together first and assess the needs of the town, and complete an inventory. It was agreed that the staff members of the committee will meet as soon as Linda Nobles returns from vacation. Dan Walker reported there is a great deal of hardware not being utilized or operated to its capacity. Councilman Whitcomb stated that there is a desperate need in the Town Clerk' s office and asked if we could rent a computer until the committee reports . Mr. Walker told the board there is a computer belonging to engineering which can be moved to the Clerk' s office . The Supervisor noted the Highway Department has run out of capacity to run reports on their computer . The Highway Superintendent is willing to wait as long as the process moves along at a speedy pace . The Board requested a report at the May meeting about the initial steps to take concerning this matter. Mr. Walker mentioned the problem lies with the fact we have three types of systems the System 36 , Personal Computers, and the MacIntosh Computers . When one person who is the basic systems support is out we get in trouble . Agenda Item #29 - CAC Resolution Endorsing the Environmental Trust Fund Councilman Whitcomb reported at the last CAC meeting a resolution was passed endorsing a Legislative Bill presented by Assemblyman Hinchey regarding the Environmental Trust Fund which would designate revenue from existing taxes to acquire open space for inclusion in the State Parks and protected areas, provide matching parks historical preservation, provide grants for starting municipal recycling programs, and matching grants for closure of municipal landfills . Town Board Mtg. Minutes 4/13/92 Pg. 18 Agenda Item #29 - Cont ' d Councilman Whitcomb made a motion supporting the Environmental Trust Fund Bill endorsed by Assemblyman Hinchey. Seconded by Councilman Niklas . Carried unanimously. Agenda Item #31 - Authorization for Supervisor to Transfer Title of Securities Posted in Lieu of Retainage . Attorney Barney explained that under a State Law when a contractor does work for any municipality a retainage is held back out of the monies paid. The law provides for them to substitute certain types of bonds for the retainage so the contractor can get their cash . A contractor working for the Town has produced a Bond from the City of New York and has asked us to take it for retainage . We took the bond as required by law and received a corporate resolution to enable us to have it recorded with the Bond Registrar. We are now being asked to return the bond to the contractor, and the Bond Registrar is requesting a resolution from the Town Board authorizing the Supervisor sign the bond and transfer it back to the contractor. Motion made by Councilman Liguori authorizing the Supervisor to execute on behalf of the Town of Ithaca any and all bond assignment forms , bond assignments , and other instruments or certificates required in order to effectuate the retransfer of any bonds so submitted to the contractor. Seconded by Councilman Niklas . Carried unanimously. Agenda Item - Other Attorney Barney mentioned to the Board we have received the preliminary document and lawsuit against the Zoning Board of Appeals with respect to a decision made regarding F&T Distributing, Frank Prudence . We have not received the formal documents starting the lawsuit, but have received an application for an index number, and request for judicial intervention. Attorney Barney suggested the Town Board authorize his firm to represent the Board of Zoning Appeals in this action . Motion made by Supervisor Raffensperger approving and authorizing the law firm of Barney, Grossman, Roth, & Dubow of Ithaca to represent the Town of Ithaca Zoning Board of Appeals in a lawsuit brought against the Zoning Board of Appeals by F&T Distributing, Frank Prudence . Seconded by Councilman Niklas. No further discussion . Motion carried unanimously. Town Board Mtg . Minutes 4/13/92 Pg. 19 Agenda Item #32 - Town of Ithaca Warrants Motion made by Councilman Liguori authorizing the payment of the Town of Ithaca Warrants . Seconded by Councilwoman Valentino . Carried unanimously. Agenda Item #33 - Bolton Point Warrants Motion made by Supervisor Raffensperger authorizing the payment of the Bolton Point Warrants. Seconded by Councilman Niklas . Carried unanimously. Agenda Item #30 - Oven Space Councilman Whitcomb reported the Open Space Report has been released by the Conservation Advisory Council (CAC) , and has been presented to the public at an informational meeting. Many comments have been received back from the public both positive and negative . The CAC intends to revise the report and resubmit it to the Ithaca Town Board for their approval . The CAC wishes to consider some of the critical comments and make some revisions so the report will be less objectionable to landowners . Councilman Whitcomb feels the problem with the report is the ranking of some of the pieces of property identified on the Open Space Index . He explained the reason they were ranked as they were was because of the legislation creating CAC ' s passed in the 1970 ' s by the State Legislature . The legislation requires that CAC ' s develop as part of the Open Space Index a Conservation Open Areas Map which earmarks certain areas for preservation. The map plus the inventory becomes the Open Space Index of the Town when adopted by the Town Board. In order to place parcels on a map which identifies them for protection some ranking of those parcels is made . Councilman Whitcomb submitted a proposal of three options the Board reviewed, as the CAC is looking for direction from the Town Board concerning the ranking of these parcels . In conversations with the State officials, Councilman Whitcomb was told the State will accept a ranking as defined by the Town Board. Option 1 . - Leave the Open Space Report alone except for minor discrepancies as outlined by the public, plus clarification as to what the report is all about. Town Board Mtg. Minutes 4/13/92 Pg. 20 Agenda Item #30 - Cont ' d Option 2 . - Substantially revise the document including clarifying its intent and use , define the areas to achieve more equalization in size , reevaluate and simplify the values of the features, formulate the ranking procedure by deleting the designations of the top 32 areas . Option 3. - Delete the ranking formula; revise the spread sheet and make it strictly an inventory; and describe the areas as containing features that have high, medium, or lower open space value . The CAC has determined whatever scenario chosen would create an Environmental Atlas which is a specific document that tells the unique features of a parcel, but also will actually map and pinpoint those features . The Supervisor has reviewed the three options and developed recommendations which encompass ideas from all three options, she explained these recommendations to the Board, ( see attached) . Montgomery May, 1360 Slaterville Road, Ithaca wished to address the Board . Mr. May explained that he was speaking for Concerned Citizens for Sensible Land Use and Protection of Property Rights. Mr. ttay stated they were requesting the Town Board reject the Open Space Report and submitted to the Board a list of the reasons why, ( see attached ) . Ed Halberg a developer at Deer Run also addressed the Board and said he feels the areas designated as needing more protection seem logical . He further stated what worries him is the ranking system appears to be arbitrary and capricious, but that many of his concerns were addressed with the suggestions of the Supervisor in her proposed list of changes. Mr. Halberg is most concerned with the fact the Conservation Advisory Committee would turn into the Conservation Advisory Board and would have powers to review any application made to any part of the municipalities departments associated with zoning, and building before a building permit could be issued. Councilman Whitcomb noted this was not the intent of the Town but as the State law is written that could be the case . The resolution of February 1990 and the Town Board a few months ago clarified what pieces of land the CAC would be able to review. Town Board Mtg . Minutes 4/13/92 Pg. 21 Agenda Item #30 - Cont ' d Mr. Halberg asked if the Planning Department did not get the same information through the normal planning process, and if the Open Space Report was redundant? Councilman Whitcomb explained the requirements of the Planning Department by law were enacted in 1972 prior to the Short Environmental Quality Review, (SEQR) . He further explained what the CAC has recommended is basically what the town is doing now. When the Planning Board looks at an application they approve or deny it based upon an extensive review of the materials available to them. This report is just one more item in the materials they would have to review. Mr. Halberg interjected he felt with the passage of this document another level of bureaucracy would be created . Councilman Whitcomb stated when the Town Board passed the resolution in February 1990 they went one step beyond what the CAC ' s are normally empowered to do and authorized the CAC to review development applications . The CAC has been reviewing these types of applications for the past year they do not delay the process, but do make recommendations to the Planning Board. Mr. Halberg stated he did not want there to be arbitrary values assigned to properties which will effect their values, and this is unscientific and could be used as a weapon. Councilman Whitcomb asked if Mr. Hallberg would like to see the properties ranked for intrinsic value , meaning the sum of the values of the features on the property. Mr. Halberg felt that people view values of features on properties differently. The Supervisor responded that she wishes to retain some sort of point system because the report states a conservation open areas inventory is defined by the State of New York as an inventory of open areas within the municipality with each such area identified, described and listed according to priority. This is something that could not have avoided in the development of the Open Space Report. Councilman Liguori feels that part of the problem is we do not have a clear definition of some of the terms within the report. We must identify to explain, and also have the Town Attorney determine the implications to the Town of Ithaca based on the terms used in the report. Town Board Mtg. Minutes 4/13/92 Pg. 22 Agenda Item #30 - Cont ' d Councilman Liguori also felt that we need to know the trend in the Courts in regard to the taking of land issue . Town Attorney, John Barney stated we could look into the way the courts are looking at this . We may never come up with anything clearer than what is written. It probably is up to the individual municipality. He will investigate both issues. The CAC has been volleying over this issue because there is really no clear definition of what is meant. If the State had just told municipalities to inventory there would be no problem, but they requested indexing for preservation or acquisition. Councilman Whitcomb stated that the CAC developed the mathematical formula to determine the ranking to eliminate the emotional factor. Mr. Halberg stated that he feels the intentions of the report are already being addressed through other divisions of the town such as planning and zoning, and this report is not necessary. He further stated the Town of Ithaca is very easy to deal with in areas such as these and is being handled very well now; nothing further is needed. Laura marks from the Conservation Advisory Council addressed the Board. She pointed out to the Board there are also people who are in favor of the ranking. It is very difficult to tell who is opposed to what is being proposed in the report, and who is opposed to the misinformation being circulated. The CAC has notified many landowners and shown them the report is intended to preserve areas such as wetlands . After the landowner understands the intent they are in favor of the report. !•is . marks has been concerned with how much flexibility would be added to the report if the inventory and the index were separated. The inventory can be used by the Planning Board and the Planning Department to make sure all the features have been identified when they work with the parcel . The index is something New York State has specificly requested be done as there is a need to have the most sensitive areas reviewed for their environmental impact and review. How this happens depends on the individual Town Board . The inventory could be used to determine where the density of population is for water and sewer, it could identify areas to be used for recreation . The Board asked Councilman Whitcomb to present the information obtained at this meeting to the CAC and bring back their thoughts and comments . Town Board Mtg . Minutes 4/13/92 Pg. 23 Agenda Item #34 - Executive Session - Personnel Motion made by Councilman Whitcomb for the Town Board to enter into an executive session to discuss a personnel matter. Seconded by Councilwoman Valentino. Carried unanimously. The Town Board returned to an open session. No action was taken as a result of the executive session. Agenda Item - Adiournment Motion made by Councilwoman Valentino to adjourn as there was no other business to come before the Board. Seconded by Councilman Whitcomb. Carried unanimously. Meeting adjourned at 10 : 15 p. m. Next regular meeting of the Town Board. May 11 , 1992 , 5 : 30 p. m. Respectively submitted, .) Ja.J n 0m+ b h- oan Lent Hamilton Town Clerk Town Board Meeting 4/13/92 Agenda Item No . 3 Summer Youth Employment Programs Resolution No . 87 WHEREAS, the Town Board of the Town of Ithaca has heard a presentation from the Tompkins County Youth Bureau concerning the Summer Youth Employment Programs, and WHEREAS, the Town Board also wishes to encourage programs such as these for the benefit and betterment of both the youth of Ithaca and the Town, now therefore be it BE IT RESOLVED, that the Town of Ithaca Town Supervisor is authorized to execute a contract, through the Tompkins County Youth Bureau, with the City of Ithaca for a Youth Conservation Corps program to be conducted for approximately 5 weeks in the summer of 1992 . The Youth Conservation Corps program will provide for a work crew of eight community youth who will be employed in the Town of Ithaca on the South Hill Trail project . The gross cost of the program, including labor and materials costs, is not to exceed $16, 382 . 00, and be it further RESOLVED, The net cost to the Town of Ithaca, after 50% program cost-sharing by the Village of Lansing and 50% reimbursement of the remaining Town of Ithaca from State and County funds, shall not exceed $4095 . 00, such amount to be charged to South Hill Construction, B7140. 404 . The cost participation by the Village of Lansing in 1992 assumes the participation of the Town of Ithaca in an equal amount in 1993 for a Conservation Corps project to be located in the Village of Lansing. ) , and be it further RESOLVED, that the Town of Ithaca Supervisor is authorized to execute a contract with the City of Ithaca for a subsidized Summer Job Program, which will employ 10 Town of Ithaca youth. The gross cost of the program is estimated at $16 , 691 . 00 . After State and County reimbursement, the net cost to the Town of Ithaca will be $0. 00 , under a reimbursement agreement negotiated with the Tompkins County Youth Bureau. MOVED: Councilwoman Valentino SECONDED: Councilman Frank Liguori Carried Unanimously. DATED : April 13 , 1992 Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/ 13/92 Agenda Item No . 6 Amendment Ordinance Regulating Traffic & Parking Resolution No. 88 WHEREAS, the properly advertised Public Hearing has been held to consider the proposed ordinance entitled, "ORDINANCE AMENDING THE ORDINANCE REGULATING TRAFFIC AND PARKING IN THE TOWN OF ITHACA TO ESTABLISH STOP SIGNS ON ALL THREE APPROACHES TO THE INTERSECTION OF TUDOR ROAD AND PARK LANE" , and WHEREAS, the Town Board has reviewed said Ordinance and has approved said Ordinance , now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby adopt the above referenced Ordinance . MOVED: Councilwoman Catherine Valentino SECONDED: Councilman John Whitcomb ROLL CALL VOTE Councilman Klein Aye DATED: April 13, 1992 Councilwoman Leary Aye Councilman Liguori Aye Councilman Niklas Aye Counilwoman Valentino Aye Councilman Whitcomb Aye Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item No. 14 Contract Stuart I . Brown Associates, Inc. Resolution No . 89 WHEREAS, the Town Board and the Town Attorney have reviewed the attached revised contract agreement with Stuart I. Brown Associates, Inc . , for planning services to the Town of Ithaca, and WHEREAS , the Town Board and the Town Attorney agree that there is a need for these services to the Town of Ithaca, now therefore be it RESOLVED, that the Supervisor is hereby authorized and directed to sign the contract agreement as per the attached contract terms . MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously. DATED : April 13, 1992 Joan Lent Hamilton, Town Clerk FINAL AGREEMENT (C(Dply THIS AGREEMENT, made this day of (,!A t i. , 1992 by and between the TOWN OF ITHACA, New York, a municipal corporation of the State of New York with its principal office at 126 East Seneca Street, Ithaca, New York, 14850, hereinafter referred to as "TOWN" and STUART 1. BROWN ASSOCIATES, INC., a domestic business corporation with its principal office at 640 CrossKeys Office Park, Fairport, New York 14450, hereinafter referred to as "BROWN ASSOCIATES", WHEREAS,the TOWN has determined that it has a need for professional planning services to assist the community in the preparation of a comprehensive plan, to help organize and carry out a strategic planning program which integrates the Town's long-range planning needs and objectives with its day-today land use and development activities, to assist the Town Board and its advisory boards in establishing and implementing development policies,and to undertake special studies and analyses as needed and directed by the Town Board, and WHEREAS, the TOWN finds it necessary and desirable to retain a qualified professional planning consultant to conduct the necessary technical analyses, to make recommendations for action by the TOWN, and to carry out the specific activities described herein, and WHEREAS, BROWN ASSOCIATES has submitted a proposal to the TOWN for the provision of such services and the TOWN has considered, reviewed, and accepted the same, NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties agree as follows: 1. BROWN ASSOCIATES agrees to provide the professional services outlined and described in Exhibit "A" annexed hereto and made a part of this Agreement. 2. BROWN ASSOCIATES agrees to assign Ronald Brand to serve as Project Director to carry out the work tasks described in Exhibit A and to direct the work of professional staff assigned to the project. Said Project Director shall report to Stuart Brown W: ho shall be responsible for overseeing the project on behalf of BROWN ASSOCIATES. 3. The Project Director shall not be changed without prior approval of the TOWN. 4. The TOWN and BROWN ASSOCIATES shall jointly determine the specific tasks to be undertaken by the Project Director subject to the terms and conditions of this Agreement. 5. BROWN ASSOCIATES shall provide the services of the Project Director, other technical staff members, and sub-consultants on-site in the Town on an as-needed basis. 6. BROWN ASSOCIATES agrees to commit and provide to the TOWN the following professional staff time, on a monthly basis, to carry out the scope of services specified in Exhibit "A" annexed hereto, of either: a) up to sixty (60) hours per month, or b) at the option of the TOWN and with the consent of BROWN ASSOCIATES, an unspecified amount of additional professional staff time per month provided, however, that an average of sixty (60) hours per month is not exceeded. 7. For the tasks and activities specified herein, the TOWN agrees to pay BROWN ASSOCIATES for professional services at the hourly rates specified below: a) Principal: $70.00 per hour b) Project Director: $65.00 per hour c) Other Professional Staff: $55.00 per hour 8. In addition to its fees for professional services,the TOWN shall reimburse BROWN 2 ASSOCIATES for such out-of-pocket expenses as telephone, mileage, reproduction and ovenught lodging in Ithaca as may be authorized by the TOWN. Mileage shall be reimbursed at the rate of $0.26 per mile. All other expenses are to be charged at cost. 9. BROWN ASSOCIATES acknowledges and agrees that the fees for its services shall not be increased for any reason without the prior written consent of the TOWN. 10. In addition to the services and fees specified under Paragraphs 6 and 7 above, BROWN ASSOCIATES shall provide a total of up to 150 hours on an intensive basis over a six (6) week period to prepare preliminary and revised drafts of Chapter IV entitled The Town of Ithaca Comprehensive Plan, Chapter V entitled Comprehensive Plan Implementation and Chapter VI entitled Plan Maintenance. BROWN ASSOCIATES shall also provide assistance to Town staff in the compilation of all six chapters of the Plan document to be presented to the public for review and to the Planning Board for adoption. The fee for these additional services shall not exceed $8,750. Reimbursement for out-of-pocket expenses incurred in conjunction with this additional task shall be made by the TOWN, in accordance with the terms and conditions specified in Paragraph 8 above. 11. BROWN ASSOCIATES agrees to submit monthly progress reports to the TOWN summarizing the amount of time expended and expenses incurred on behalf of the Town. Such report shall also describe the specific activities undertaken during the previous month. 12. This Agreement shall extend for a period of one (1) year from the date of execution. 13. BROWN ASSOCIATES shall submit monthly payment requests for services 3 rendered under the terms and conditions of this Agreement. Such payment requests shall be received by the TOWN not less than seven (7) days prior to the next immediate regular Town Board meeting in order for same to be considered for approval*at such meeting. 14. The TOWN agrees to assist BROWN ASSOCIATES in completing the tasks described in Exhibit A by providing information available from Town Departments and officials and by providing staff resources, as available, to work with BROWN ASSOCIATES on the accomplishment of specific work tasks. The TOWN further agrees to provide office space, clerical help, telephone and office supplies for use by the Professional staff while on-site in the TOWN. Support services made available to the Project Director and Professional staff in the Fairport Office shall not be charged to the TOWN. 15. This agreement may be terminated by either party by providing fifteen (15) days notice in writing to the other party. if the project is terminated before the end of the term, the TOWN shall compensate BROWN ASSOCIATES for all charges in accordance with the fee schedule specified herein up to the date of termination. TOWN OF 1THACA BY: DATE: STUART I. BROW A SOCIATES, INC° BY: DATE: 4 EXHIBIT A TOWN OF ITHACA PLANING SERVICES SCOPE OF WORK 1. . Attend meetings with the Town Planning staff, Town Planning Committee, the Comprehensive Planning Committee (CPC),and Town officials to refine the work plan for the Town's Comprehensive Planning Improvement Program. 2. Attend. meetings with the Town Board, Planning Board, Comprehensive Planning Committee and other advisory .boards as may be mutually determined appropriate to achieving the objectives of the work plan. 3. Assist the Town in the preparation of a scope of work and a work plan that will produce a Comprehensive Master Plan for adoption by the Planning Board by March, 1993. 4. Define specific milestones for the accomplishment of the scope of work and the work plan. The Town and consultant will determine jointly the responsibility for the accomplishment of each component of the work plan and the priorities for the staging and completion of work activities. The consultant will monitor progress on specific work activities leading to the preparation of the Comprehensive Master Plan. 5. Assist in the development and implementation of a public information/citizen participa- tion program. This will include but may not be limited to: preparing articles for inclusion in Town newsletters; attending meetings with neighborhood groups; responding to inquiries regarding plan activities; making public presentations to describe components of the Comprehensive Master Plan. 6. Participate with Town officials in representing the Town in meetings with various agencies on matters which;relate to the Town's Comprehensive Master Plan. This will include,but may not be limited to, meetings with the following agencies: the City of Ithaca,Tompkins County, Cornell University, Ithaca College, and the New York State Departments of Transportation, Environmental Conservation,Parks,Recreation and Historic Preservation. 7. Organize engineering services to assist in the evaluation and/or preparation of specific engineering-related components of the Comprehensive Master Plan. These services will be provided by either the Town of Ithaca Engineering staff or, by mutual agreement, by an engineering sub-consultant. At a minimum, this will include engineering advice and assistance in the preparation of the water supply and distribution, sanitary and storm sewer collection and disposal, and transportation components of the Comprehensive Master Plan. The purpose of the assistance is to assure that the water,sewer and transpor- tation components are consistent with the Town's land use goals and objectives. This activity will not include engineering design of specific water and sewer system components but may include conceptual designs of utility improvements and transporta- tion improvement corridors significant to the achievement of the goals and objectives of the Town's Comprehensive Master Plan. 8. Evaluate alternatives appropriate to a geographical information/mapping system. 5 9. Provide assistance in undertaking necessary environmental reviews in association with the preparation of a Comprehensive Master Plan. 10. Provide as requested by the Town Planner and the Town Supervisor, technical assistance in the preparation and/or review of specific regulations proposed for adoption. This will include but may not be limited to: preparation of amendments to the Town Zoning Ordinance, Official Zoning Map, and Subdivision Regulations; preparation of Limited Development Overlay Regulations; evaluation of the merits of preparing a Capital Improvements Program, and other similar actions to be considered by the Town. These activities will be coordinated with Town staff in advisory committees and boards and with the Town Attorney. Information and referrals will be provided should specialized legal advice be necessary regarding particular issues. 11. Provide as requested by the Town Planner and Town Supervisor, technical assistance on pending development projects and assist in the review of environmental assessments and other documents related to the review of private development proposals. 12. Conduct specific planning studies and analyses as requested by the Town Planner and Town Supervisor. 13. Provide direction to the Town in the preparation of maps that will be part of the Town of Ithaca Comprehensive Plan document, including presentation maps for use by the Planning Board. 14. Work with the Town staff in the preparation of draft Chapters IV, V and VI from the Town of Ithaca Comprehensive Plan Outline for submission to the CPC for acceptance. Work with the Town staff in the preparation of the preliminary draft of the Plan document for public review and comment. Work with the Town staff in the preparation of the final plan document, including the Environmental Record, for Planning Board adoption. 15. Assist the Town Planning staff in the creation of a work program to begin the Plan implementation process. Work program priorities;vill be based,in part, on input received from the public, the CPC, and the Planning Board during the review of'the draft plan and the formal adoption process. This task will identify the roles and responsibilities of Town staff, boards, and agencies in carrying out program components and to assist in the establishment of guidelines and procedures. . ti 6 RES4 . 92 Town Board Meeting 4/ 13/92 Agenda Item No. 16 Fees Collected By Town Clerk Resolution No . 90 WHEREAS, the attached suggested changes to the Fees Collected by the Town Clerk have been presented to the Town Board for their review, now therefore be it RESOLVED, the Town Clerk is hereby authorized and directed to advertise for a Public Hearing to adopt a Local Law entitled, " A Local Law to Establish Fees Collected by the Town Clerk in the Town of Ithaca" , and be it further RESOLVED, said Public Hearing will be held at 7 : 15 p. m. during the regular meeting of the Town of Ithaca Town Board on May 11 , 1992 . MOVED: Councilman Karl Nikias SECONDED: Councilman John Whitcomb Carried Unanimously DATED: April 13, 1992 Q., 1,,+, tLIMI-A Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item No . 17 Highway & Parks Department Floating Holiday Resolution No . 91 WHEREAS , the Town of ]Ithaca wishes to provide public services in an efficient manner, and WHEREAS , the Town of Ithaca also attempts to accomodate the needs of individual departments where practicable, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby approve the rescheduling of the Highway and Parks Departments 1992 Floating Holiday from December 24th to July 6th, and be it further RESOLVED, that in future years the employee balloting for the annual Floating Holiday will be done separately for the Town Hall Employees and the Highway/Parks Facility Employees and each unit may reject the holiday that is approved by a majority at the respective voting unit. MOVED : Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously DATED: April 13, 1992 /Oan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item No . 19 Participation Town ' s Health/Dental Programs Resolution No . 92 WHEREAS , adequate medical and dental insurance coverage is increasingly difficult to obtain, and WHEREAS, the Town of Ithaca already offers such insurance coverage to its regular full-time and long-term, temporary full- time employees at group rates , and WHEREAS, the Town of Ithaca wishes to recognize the contribution of elected and regular part-time employees to the Town, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby approve and authorize the participation of its elected and regular part-time employees in the Town' s group health and dental insurance plans, and be it further RESOLVED, the cost sharing for participation by elected and regular part-time employees in the health insurance program will be on a 50/50 basis, ( 50% paid by the Town and 50% paid by the employee ) , and be it further RESOLVED, that since the dental insurance plan premiums are fully paid by the employees, elected and regular part-time employees may participate in the dental insurance plan on this basis also, and be it further RESOLVED, the definition of Regular Part-Time Employee shall mean a regular employee of the Town of Ithaca who works a minimum of 20 hours per week and less than 35 hours per week. MOVED : Councilwoman Catherine Valentino SECONDED : Councilwoman Patricia Leary Carried Unanimously DATED : April 13, 1992 jz� Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item No . 21 Acceptance Bid Highway Truck Resolution No . 93 WHEREAS, bids were received for a new truck with dump body and plow equipment, and WHEREAS , Beam ttack is the lowest bidder for the cab and chassis; Roberts Equipment is the lowest bidder for the plow, wing, and dump box, and WHEREAS, both bids were responsible and acceptable to the Highway Superintendent, now therefore be it RESOLVED, the Town of Ithaca Town Board accepts the respective bids from Beam Mack and Roberts Equipment, and be it further RESOLVED, that the Highway Superintendent be authorized to purchase one Mack cab and chassis as specified for a price of $66, 631 . 80; and a plow, wing, and dump box package as specified for a price of $31 , 330. 00. MOVED : Councilman Frank Liguori Carried Unanimously. SECONDED: Councilwoman Catherine Valentino DATED : April 13 , 1992 'y r Joan Lent Hamilton, Town Clerk Town Board Meeting 4/13/92 Agenda Item No . 22 Water and Sewer Refund Resolution No. 94 WHEREAS, it has been determined that a refund is due on the water and sewer billing for the property located at 357 Saranac Way, Account #4259 , as a change of ownership took place and the account was over estimated for eleven months; and WHEREAS, the amount of the said refund totals $72 . 70 for both water and sewer, now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a refund in the amount of $72 . 70 be paid to Deer Run Investors, 90 Whitetail Drive, Ithaca, New York for said overpayment. MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously DATED: April 13 , 1992 Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item No . 22 Mater & Sewer Billing Refund Resolution No. 95 WHEREAS, it has been determined that a refund is due on the water and sewer billing of the property located at 429 Warren Road, Account #U-3252 , as the account has been over estimated for the last seven quarters; and WHEREAS , the amount of the said refund totals $577 . 15 for both water and sewer including surcharges and penalties, now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize a refund in the amount of $256 . 18 for Water, $37 . 74 for Water Surcharge, $230 . 76 for Sewer, $17 . 91 for Sewer Surcharge, and $34 . 56 for Penalties be made to Jerrold Meinwald, 429 Warren Road, Ithaca, New York for said overpayment. MOVED: Councilman Karl Niklas SECONDED : Councilman Frank Liguori Carried Unanimously DATED: April 13, 1992 Joan Lent Hamilton, Town Clerk RES4. 92 Town Board Meeting 4/13/92 Agenda Item No . 22 Water & Sewer Billing Refund Resolution No . 96 WHEREAS , it has been determined that a refund is due on the water and sewer billing for the property located at 610 Coddington Road, Account #F-767, because the account was billed incorrectly and paid, and WHEREAS , the amount of said refund totals $530. 44 for water and sewer including surcharges; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby authorize a refund in the amount of $287 . 63 for water, $43. 14 for Water Surcharge, $179 . 54 for Sewer, $20 . 13 for Sewer Surcharge be made to Mary Carey, 610 Coddington Road, Ithaca, New York for said overpayment. MOVED: Supervisor Shirley Raffensperger SECONDED: Councilman Karl Niklas Carried Unanimously DATED: April 13, 1992 Q,� ' k� /'� 'j& Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item No . 22 Water & Sewer Billing Refund Resolution No. 97 WHEREAS, it has been determined that a refund is due on the water and sewer billing of the property located at 90 Whitetail Drive , Account # W-4796 because a change of ownership took place and the customer paid the 3/92 billing twice , and WHEREAS, the amount of the said refund totals $42 . 35 for water and sewer including surcharges and penalties; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby authorize a refund in the amount of $22 . 50 for Water, $3. 38 for Water Surcharge , $12 . 00 for Sewer, $1 . 58 for Sewer Surcharge , and $2 . 89 for Penalties be made to Deer Run Investors, 90 Whitetail Drive, Ithaca, New York for said overpayment. MOVED: Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously DATED : April 13, 1992 Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item No. 24 Retirement Home Rule Message Resolution No . 98 WHEREAS , the Town of Ithaca must file a Home Rule Message in order to permit the Nancy Fuller Retirement Legislative Bill to go forward in the New York State Assembly and the New York State Senate, and WHEREAS , the Town of Ithaca Town Board acknowledges that Nancy Fuller is entitled to retroactive membership in the New York State and Local Employee ' s Retirement System, and WHEREAS, it is necessary for the Town of Ithaca to adopt and complete the Horne Rule Requests provided by Senator James L. Seward, and Assemblyman Martin A. Luster, now therefore be it RESOLVED, that the Town of Ithaca Town Board does hereby adopt the Home Rule Message in order to permit the Nancy Fuller Retirement Legislative Bill to be introduced to the State Senate and the State Assembly, and be it further RESOLVED , that the Town of Ithaca Town Board authorizes and directs the Town Supervisor to complete and file with the proper individuals or agencys of the State of New York any necessary documents for the introduction of this Bill . MOVED : Councilman Karl Niklas SECONDED: Councilwoman Catherine Valentino DATED: April 13, 1992 ROLL CALL VOTE Councilman Klein Aye n gjevm, l LL Councilwoman Leary Aye Councilman Liguori Aye Joan Lent Hamilton, Town Clerk Councilman Niklas Aye Councilwoman Valentino Aye Councilman Whitcomb Aye Supervisor Raffensperger Aye Town Board Meeting 4/13/92 Agenda Item No. 25 Benefit Assessment Refund Resolution No . 99 WHEREAS , Mr. and Mrs . Donald Brown, 1448 Trumansburg Road, Ithaca, New York were charged 3. 00 units of water on their 1992 tax bill, and WHEREAS , it has been determined by Daniel Walker, Town Engineer that said property should have been charged 2 . 00 units of water, now therefore be it RESOLVED, that the 'Town Board of the Town of Ithaca does hereby authorize a refund of 1 . 00 units of water be made to Mr. and Mrs . Donald Brown as the 1992 tax bill has been paid. MOVED: Councilman Frank Liguori SECONDED : Councilman Karl Niklas Carried Unanimously DATED : April 13, 1992 (11A'a l Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/ 13/92 Agenda Item No . 26 Budget Amendments 1992 Resolution No. 100 WHEREAS , there are insufficient amounts of appropriations in some of the line items of the General Townwide Fund and the Capital Projects Fund Budgets to meet the obligations of this fund for the year 1992 , and WHEREAS, in conformity with Town Law and good bookkeeping practices accounts should not be over appropriated, now therefore be it RESOLVED , that the Town of Ithaca, Financial Officer is hereby authorized and directed to make the following budget transfers from unencumbered balances to offset any shortages in appropriations for the year 1992 , and be it further RESOLVED, that the Bookkeeper of said fund be sent a certified copy of this resolution so that said budget transfers can be recorded. General Townwide Fund - Reclasification of Revenues Decrease : A5032 I/F Xfer Water/Sewer Cap. Proj . $59, 180. 00 Increase : A2801 I/F Rev. Water/Sewer Cap. Proj . $59 , 180. 00 Capital Projects - Redistribution By Project Decrease : H8120. 222 W. Hill Sewer $10,000 . 00 Increase : H8120. 223 Taughannock Sewer Pit $10,000. 00 Decrease : H8340. 223 Water Meter Pit $20 ,000 . 00 Increase : H8340. 222 W. Hill Water $13, 496 . 09 Increase : H599 Fund Balance $ 6 , 503. 91 MOVED: Supervisor Shirley Raffensperger SECONDED: Councilman Karl Niklas Carried Unanimously DATED: April 13, 1992 Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item No . 26 Budget Amendments 1992 Resolution No. 101 WHEREAS , there are insufficient amounts of appropriations in some of the line items of the Fire Protection Fund Budget to meet the obligations of this fund for the year 1992 , and WHEREAS , in conformity with Town Law and good bookkeeping practices accounts should not be over appropriated, now therefore be it RESOLVED, that the Town of Ithaca, Financial Officer is hereby authorized and directed to make the following budget transfers from unencumbered balances to offset any shortages in appropriations for the year 1992 , and be it further RESOLVED, that the Bookkeeper of said fund be sent a certified copy of this resolution so that said budget transfers can be recorded. Fire Protection District Fund-To Reflect Expense Over Original Budget Decrease : SF599 Fund Balance $7 ,835 . 04 Increase : SF3410. 492 Village of Cayuga Heights $7 , 835 . 04 MOVED : Supervisor Shirley Raffensperger SECONDED: Councilman Karl Niklas Carried Unanimously DATED : April 13, 1992 Joan Lent Hamilton, Town Clerk RES4 . 92 Town Board Meeting 4/13/92 Agenda Item 031 Transfer of Title of Any Securities In Lieu of Reta,inage Resolution No. 102 WHEREAS,; New York. State Law requires that when a. contractor does work: for a municipality a retainaoe be held back: from part of the monies paid , and WHEREAS, ;state Law permits the contractor to substitute the cash the municipality is holding back , and WHEREAS, State Law allows the contractor to substitute certain types of bonds for that retainaoe, and WHEREAS, after submission of the bonds it is necessary from time to _time for the bonds to be reassigned to the submitting contractors, now therefore be it - W RESOLVED, the Town ' Supervisor , Shirley A. Raffensperger be and she is hereby authorized to execute on behalf of the Town of Ithaca ' any and all bond assignment forms, bond assignments, and other- instruments or certificates required in order to effectuate the retransfer of any bonds so submitted to the submitting contractor , and be it further RESOLVED, that said Town Supervisor is speci f i.call y authorized to execute a bond assignment and all other related' documents to effect the transfer of the City of Yonkers_ , General Obligation Serial Bond-1%7-8, CCPN . 6. 20%, Naturity date April 15. 1996, DTD February 1 , 19B7, Numer BR-897: in the amount of 150,000. 001 CUSIP 986061 SZ1 to Patcon , incorporated. MOVED: Councilman Frank Liguori SECONDED: Councilman Karl Ni kl as DATED: April 13, 1992 Carried Unanimously- - -------------- Joan Lent Hamilton , Town C1 eri.--. Town Board A-leeting 4/13/92 Agenda Item No . 32 Town of Ithaca Warrants Resolution No . 103 WHEREAS, the following numbered vouchers have been presented to the Town of Ithaca Town Board for approval of payment, and WHEREAS, said vouchers have been audited for payment by said Town Board, now therefore be it RESOLVED, that The Town Board authorizes the payment of said vouchers . Capital Projects Fund Vo . : No . 22-26 General Outside Village Fund Vo . : No . 74-11.0 General Townwide Fund Vo . : No . 134-237 Highway Fund Vo . : No . 84-121 Lighting Districts Vo . : No . 5 & 6 Water & Sewer Distract Fund Vo . : No . 48-77 MOVED : Councilman Karl Liguori SECONDED : Councilwoman Catherine Valentino DATED: April 13, 1992 ,�. Joan Lent Hamilton, Town Clerk Town Board Meeting 4/13/92 Agenda Item No. 33 Bolton Point Warrants Resolution No . 104 WHEREAS, the following numbered vouchers have been presented to the Town of Ithaca Town Board for approval of payment, and WHEREAS, said vouchers have been audited for payment by said Town Board, now therefore be it RESOLVED, that the Town Board authorizes the payment of said vouchers . Capital Projects Fund Vo. : No . H13-H17 Operating Fund Vo . : No. 181-244 MOVED: Supervisor Shirley Raffensperger SECONDED : Councilman Karl Niklas Carried Unanimously. DATED: April 13, 1992 Joan Lent Hamilton, Town Clerk C AFFIDAVIT OFPUBLIC.`ATION THE ITHACA JOURNAL State of New fork, Tompkins Count', ss.: Gail Sullins bein!,- duly sworn, deposes and says. that she/he resides in Ithaca. cuunly and state aforesaid and that she/he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid. and that a notice. of which the annexed is a true TOWN OF ITHACAI' NOTICE OF PUBLIC >.. ; cop;r, was published in said paper PLEASE HEARING. TAKE NOTICE,. that tico Town Board of the Town of I:hoca wpl.hold,a':' (� ti C,Y\ \—`{ l 1 Public Hearing 'hondey,; April 13, 1992 al 7:30o of the 11}oco Town Hall'I2g Seneca Street, It},oco New York to consider on art., dinance amending and' rei-' rating, "Tho ordi ionce ReR, ulating Traffic and Parking in the Tawn of Ithaca to Esl I and that the first publication of said notice was on the Ash Slop Signs On Ail Three] Aporaoches To The Imersoc dad' Of lion of Tudar Rood and Park* Q ��• 19 tnno', and PLEASE TAKE FURTHER — NOTICE, of said Pubic Hearing the Town Board will hear ctl persons in favor or opposed :o said .ordi= nonce. Joan tent Hamilton' Subscribed and sl to before me, this day Town Clerk March 19. 1992 o!• 19 �C?iw Notary Public. JE,gN FORD NotaTY Pubi'r, State c" New Yar�, No. 4651::;10 Qt;aliGed in lom;:�kins Cour,11 2 �,4INSitS:icn ex�+te; P�1aY 3ie 19,x. `— Z-