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HomeMy WebLinkAboutTB Minutes 1992-12-07 Town of Ithaca Town Board Meeting Minutes December 7 , 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 Frank Liguori, Councilman Karl Niklas, Councilman Catherine Valentino , Councilwoman David Klein, Councilman Patricia Leary, Councilwoman ALSO PRESENT: John Barney Esq. , Town Attorney Joan Lent Hamilton, Town Clerk Daniel Walker, P . E . ; Town Engineer Scott McConnell , Highway Superintendent Floyd Forman, Town Planner Andrew Frost, Building/Zoning Officer Sally Alario , Assistant Budget Officer Kinga M. Gergely Lisa Jo Hamilton Gene Ira Katz, Ithaca Times Karen Baum, Forest Home Improvement Association Bruce Brittain, Forest Home Improvement Association Lee Shaffrick Pledge of Allegiance : The Supervisor led the assemblage in the Pledge of Allegiance . Call to Order: The meeting was called to order at 5 : 33 p. m. Agenda Item No . 3 - Report of Town Officials a. Supervisor' s Report: The Supervisor reported there was some controversy concerning the budget of the City of Ithaca Fire Department. The controversy is of concern to the Town because the Fire Department provides services to the Town of Ithaca under a contract. The Supervisor attended two meetings of the Fire Commissioners about the budget. The primary discussions involved overtime costs and the filling of vacant positions, including the Training Officer position . The Mayor ' s budget for the Fire Department was passed by the Common Council and did not include the funding of two fire fighter positions or the training officer. The Town ' s contract assures only that the Town will receive the same level of services provided to City residents, but does not guarantee any particular level of service . Town Board Mtg . Minutes 2 12/7/92 Agenda Item No . 3 - Cont ' d The Supervisor attended the first meeting of the Governor' s Panel on Property Tax Exemption and Classifications issues . It was an organization meeting with considerably more staff members than panel members . The Supervisor has been asked to chair 'one of the Committees of the Panel . The Supervisor also attended an Equalization and Assessment meeting and gained additional understanding of the assessment process as it is practiced on a local level . The Supervisor reminded the Board the next meeting will be December 31 at 10 :00 a. m. followed by the annual luncheon. The Supervisor asked for input from the Board on the 1993 listing of priorities and work plan . The Supervisor stated a copy of the Ithaca Journal ' s original article and the correction of the Town ' s Budget amounts were in the Board ' s folders . The Ithaca Journal had over estimated the Town ' s tax rate by approximately three times the actual amount. b. Engineer ' s Report: Mr. Walker explained his written report as attached . No questions were raised by the Board concerning the report. c. Highway Superintendent' s Report: Mr. McConnell reported on his written report as attached and on the Parks Department ' s report. There were no questions for the Highway Superintendent. The Supervisor told the Board that the Town has received a congratulatory letter to the Highway Department complimenting them on the drainage work done in the Northeast. d. Building Inspector/Zoning Officer Report: Mr. Frost outlined the information in his report as attached for the Board. There were no questions raised . e . Town Planner Report: Mr . Forman explained his written report as attached. Mr. Forman further reported that the GEIS expected to be received in early December: has been delayed and will hopefully be ready in early January. Staff is spending time gathering information on a proposed lighting district on Coddington Road . No questions from the Board were asked of Mr. Forman. I Town Hoard Mtg . Minutes 3 1217192 Agenda Item No . 4 - Report of Town Committees Councilman Whitcomb stated the representative from IBM called and said he was very near to having a proposal ready for the Town Board' s reviews concerning the computer system at the Town Hall . Councilman Whitcomb was happy to announce that the Conservation Advisory Council has won an award recognizing the equality and quantity of work in the production of : Six Mile Creek Malley; A Heritage to Preserve Planning for Agriculture in the Town of Ithaca Town of Ithaca 1992 Open Space Report Councilman Whitcomb presented the award to the Town Clerk on behalf of the CAC so that it may be displayed in a prominent location within the Town Hall . Later in the meeting the Town Board will be discussing the acceptance of the Open Space Report . At the New York State Association of Conservation Commission ' s convention in November, Councilman Whitcomb was appointed as a Regional Director for the organization . Councilman Niklas reported that the COC met December 2 , and completed the review of comments made by the public regarding the last draft of the Steep Slope EPOO . Councilman Niklas is scheduled to appear before the Planning Board on December 15 to present the seventh draft . The draft is available for public review. Copies have been mailed to the Planning Board , Councilman Liguori reported that he and Councilwoman Valentino were on the special committee for the Zoning Board of Appeals to discuss candidates for appointment to the ZBA . The Interviewing Committee of the Zoning Board of Appeals consisted of Catherine Valentino , Frank Liguori , Edward King and Robert, Hines . There were two candidates who were exceptionally qualified . The Interviewing Committee has recommended Harry Ellsworth of Hotness Lane . Mr . Ellsworth has worked at Cornell University and IBM. Councilman Liguori made a motion to fill the unexpired term of Joan Reuning on the Zoning Board of Appeals for a term of office commencing immediately through December 31 , 1995 . Seconded by Councilwoman Valentino . Carried unanimously. Town Board Hty . Minutes 4 3.217!92 Agenda Item No . 4 - Cont ' d Councilman Klein reported the Comprehensive Planning Committee met on November 24 to review provisions of Chapter 4 . The CPC is moving towards finishing the Mork this year so that the draft plan as amended through the public meetings can be completed. The Village of Lansing Recreation Center Advisory Committee met and discussed the opposition in the Village of Lansing to the village of Lansing taking the obligation to construct the facility, There has been some misinformation circulated . The Committee talked about strategies that the opponents of the Recreation Center may undertake prior to going to the public referenduit. Agenda Item Vo . 6 - Persons To Be Hieard Kinga Gergely, Juniper Drive presented a petition to the Town Board requesting that something be done about the dangerous situation on Coddington toad based upon the fatal accident on Juniper Drive . The petition has approximately eighty signatures . The residents asked that the Town Board vigorously explore sidewalks, enforcing the speed limit and parking, better lighting, and alerting and seeking out the help of Ithaca College in these matters . As the signatures were raised for the petition there were other suggestions made , these were highlighted on the petition. Supervisor Raffensperger explained that the requested lighting district is within the jurisdiction of the Town of Ithaca. Since Coddington Road is a County Road the sidewalks would be within the County ' s jurisdiction . The County did not pay for any of the construction on the Mitchell. Street sidewalk . The Town and residents paid for it . The Town can speak to Tompkins County to seek cooperation from them . In the past, the 'down asked the County to construct sidewalks on Warren Road and the County said they have a policy of not supporting sidewalks along County roads . Since then some County Representatives have suggested that policy is being considered for change . Mr. Forman reported that the staff is working on setting up the Coddington Road lighting benefit district. The work should be finished by next week for a report to the Town Board in January. There are approximately 85 property owners from the City line to Troy road where the lighting district would be established. Town Board Mtg , Minutes 5 12/7/92 Agenda Item No. 6 - Cont'd Supervisor Raffensperger stated the linear feet involved in the number of lights required is being determined for an estimate of the cost. It is a lot to ask people to sign on to a lighting district if they do not know how much it will cost them. The Town will contact Ithaca College when the Town has an idea of an equitable cost the College may be willing to pay. Attorney Barney has determined the Town cannot require Ithaca College to be a participant in a lighting district as a not profit organization. The Town will talk to Ithaca College about participating to help lower the cost because the safety aspect also concerns them. Mrs . Gergely explained that many neighbors felt it is unfair to put the burden on the street property owners, and they would be willing to be included in the district in order to share the cost. Attorney Barney will help the Town determine the area that is said to be benefitted, whether the lights are there or not. Councilwoman Leary asked if the same kind of arrangement could be made concerning the sidewalks? Supervisor Raffensperger explained that a sidewalk district is a choice by the property owners and they would have to pay for it. Attorney Barney stated the Town could pay for the sidewalks as a townwide improvement, but it would have to be researched if this were possible on a County road . The Supervisor said it would be impossible to construct the sidewalks until the spring and summer, but that if all went well on the lighting district it may be possible to have them installed this winter. When Tompkins County repaved the area two years ago, George Kugler and Supervisor Raffensperger spoke to them about widening the shoulders . The County at that time did not have the money to do that. Councilwoman Leary pointed out that as a safety issue the sidewalks are most important. Town Board Mtg. Minutes 6 12/7/92 Agenda Item No . 6 - Cont' d Mrs . Gergely told the Board there is some lighting and that in the summer it is not effective because of the trees and bushes obstructing the view, in the winter it does illuminate the area when the leaves have fallen. The walkway also has bushes and trees overhanging so that people have to walk around in the road. The area now is densely populated and there are other people walking there besides Ithaca College students . The Town Engineer stated the Town would have to have permission from the County to build a sidewalk, and easements from some of the private landowners due to the topography. Councilman Niklas pointed out that the trees and bushes obstructing the view could be trimmed back to help the situation . The Supervisor asked Superintendent McConnell to speak with the County and ask them to grim the trees and bushes in the area discussed. Councilman Liguori asked if the petition as presented is sufficient for the Town to proceed with a lighting district? Supervisor Raffensperger responded that the Town has a form residents can use but since the residents have devised their own and started it, the Town has the alternate method of setting up a lighting district . Lee Shaffrick, 1491 Trumansburg Road addressed the Board to inquire about the follow up of the conversation with the Supervisor concerning why he was never contacted about the condition of his backyard after the sewer extension installation. Supervisor Raffensperger told Mr. Shaffrick that the Town Engineer had reported at an earlier meeting on his response to the letter sent by Mr. Shaffrick . Mr. Walker told Fir. Shaffrick that the Engineering Department had contacted him at the end of the construction period last year. There are several Russian Olive trees that will be replaced by the Parks Department. It was intended to replace those trees in the fall, but the Town refused to accept shipment from the nursery because of the poor quality of the trees. It has been scheduled to replace those trees in the spring when a new healthy shipment of trees come in. Mr. Walker stated he was under the assumption that the problems with the backyard had all. been resolved. I Town Board Mtg, Minutes 7 12/7/92 Agenda Item No . 6 - Cont' d Mr. Shaffrick asked if all his neighbors had been contacted and asked if all work was acceptable? Mr. Shaffrick also asked if he had ever made the comment he was satisfied with the job that was done to his yard? Mr. Walker responded that Mr. Shaffrick never made the comment he was totally satisfied, in effect he made the comment he would never be satisfied with it. Mr. Shaffrick stated he would never be satisfied as long as he had the top soil that was put there . The top soil does not promote the growth of grass, it is hard as a rock, even with a great deal of moisture it is impossible to dig in . In a dry year there will be absolutely nothing in the backyard. 1-fr. Walker stated that based on his observations of grass growth in all the yards in the area, it was extremely good. The Town has plans to make another pass through all the yards and check for settlement over all the sewer lines. The Town will come to his property in the spring to look, and will also return in August to check during the dry period. Mr. Shaffrick asked if all the neighbors were contacted this summer? Mr. Walker stated they did not contact all the owners this summer. Mr. Shaffrick asked Mr. Walker if anyone ever asked him if everything was all right with his yard after the job was completed? Mr. Walker said yes . Mr. Shaffrick told Mr. Walker that no one ever contacted him. ifr. Shaffrick has written a letter to the Supervisor and has spoken to the Town Attorney about this problem. The Supervisor stated she understood there was difficulty with the top soil , that top soil was removed. The replacement top soil was tested and it met the specifications . Even though Mr. Shaffrick felt the specifications were not adequate, they are the specifications for top soil used in the Town for a number of years . One of the things that has been discussed among staff is that the Town will take a very careful look at the specifications for such things to make sure that they meet the expectations of town residents when we replace soil on their property. As far as the contractor is concerned the top soil that was used did meet the specifications . Town Board 14tg . Minutes 8 12/7/92 Agenda Item No . 6 - Cont' d The Supervisor further stated it was her understanding that Mr. Shaffrick would not have been at all pleased with the quality of the Russian Olive trees from the nursery this fall . Mr. Shaffrick explained the trees are the least of his worries. It is the quality of soil he is concerned with. The only way that he had nice grass this year was because he sprayed for weeds twice to kill all the dandelions and thistles. Mr. Shaffrick told the Board he wanted his backyard to look as it did before . The Supervisor told Fir. Shaffrick at this point the only thing the Town can do is return in the spring to see if there has been settling over the lines . If there has been, the Town will place additional top soil, hopefully of a quality that is satisfactory. At that time the Town will check Mr. Shaffrick' s yard, if there is still difficulty growing grass the Town will try to do something about it. There is no doubt there was trouble with the restoration in that area. The Town has learned a great deal about contractors and specifications . Air. Shaffrick said that the Town ' s specifications for top soil were based on mineral content not on structure of the soil . The soil placed in his yard was clay which has the highest soil rating, but is totally unfit for screened top soil . Supervisor Raffensperger said that the specifications have been used for many years in the town including Trumansburg Road. The Town has no ability for action against the contractor because the top soil used the second time met the Town ' s specifications. Mr. Shaffrick stated he should have not to suffer with the top soil that the Town thinks is fair. Councilman Liguori mentioned he used some of the same top soil was used for the Trumansburg Road restoration. When he looked at it he thought it would never grow grass. After one winter it grew the most beautiful grass he has ever seen . Supervisor Raffensperger asked Fir. Shaffrick for his continued patience until the spring, and apologized that no one from the town had contacted him recently. Town Board Mtg , Minutes 9 12/7/92 Agenda Item No. 7 - Telephone System Town Hall Mr. walker reported that with the new position of the receptionist/telephone operator the staff would like to improve efficiency by centralizing calls into the Town Hall . Since that person will be in one location and not close to everyone in the office , a control board that will indicate the status of the different locations is necessary. The control board and installation of the system will cost up to $500. 00. The staff is recommending the passage of the prepared resolution authorizing the purchase of this telephone system. Motion made by Councilman Niklas and seconded by Councilman Liguori authorizing the purchase of a control board to centralize the town hall telephone system. Carried unanimously. Agenda Item No. 8 - Answering Machines Town Hall Supervisor Raffensperger explained the need for two answering machines in the Town Hall . One in the reception area and one in the Building Department office . The total cost of the two machines will not exceed $200 . 00, Motion made by Supervisor Raffensperger approving the purchase and placement of answering machines in the reception area and building department of the Town Hall at a cost not to exceed $200 . 00 . Seconded by Councilman Niklas . Councilman Klein asked if there would be one phone number coming into the Town Hall so that after hours it would ring the machine . Mr. walker stated there are now five lines into the building, the rollover is controlled by the phone company. The building department has advertised their individual number. The building department ' s answering machine will answer that particular number. The other answering machine would be on the Town Clerk' s number. We will have the availability of call forwarding so that the machine will accept all calls if the individual department phones don' t answer the call . We will also be able to leave a message on the machine when the Town Hall is closed for weekends and holidays . After the discussion, the motion was carried unanimously. Town Board 1•itg. Minutes 10 12/7/92 Agenda Item No . 9 - SEQR Open Space Report Supervisor Raffensperger pointed out that this is in consideration of acceptance and approval of the Open Space Report. The staff recommendation of the SEQR is a negative determination of environmental significance with respect to the 1992 Open Space Report. There is a short environmental assessment form which points out this is an inventory to assist the Town in its preparation of a Comprehensive Plan and evaluation of existing zoning . Councilman Liguori stated he has difficulty accepting a simple unlisted action being used and that the staff has suggested there are no significant impacts . The activity that occurred at the public hearing suggests many people believe there will be significant impact. Approving this plan is to give an expectation to the CAC and to others that it will be used in some way to preserve the open spaces mentioned within the plan. The people who own that land already have an expectation that they have a right to use that land in accordance with the zoning that is already in existence, and that cannot be denied unless the land is taken away from them. There are two bodies, one which will be advocates of the plan who expect they will be able to influence the decision making in regards to that land, and the property owner who expects to use the land according to the zoning now. This presents a situation which will result in continual conflict . We need to resolve that before adopting or approving this . The Town Board has an obligation to consider, we have no obligation to do anything other than accepting the report. There is no State law binding the Town Board to approve the SEQR . The public has a right to know what is going to take place when this is adopted. Will the residents lose the rights they have in regards to existing zoning? A specific environmental impact on that one issue be done , of how the Open Space Report will be used. Councilman Liguori stated on this basis the Town Board should not accept the resolution declaring this to be a impact without environmental significance . Councilman Whitcomb said that when he had first discussed the SEQR with town staff there wac, discussion as to whether the Open Space Report even qualified as an unlisted action. Members of the staff felt it was a Type 2 , Action which requires no environmental assessment form. Councilman Whitcomb insisted that there at least be some analysis done . Town Board Mtg. Minutes 11 12/7/92 Agenda Item No . 9 - Cont' d At the public information meetings held to date there was considerable controversy revolving around the first public information meeting held. That initial report identified 32 specific parcels of land in the town that the CAC felt were worthy of additional protection or preservation. Due to the controversy concerning that initial report the CAC reconsidered the report and at the direction of the Town Board prepared a report that was based on features and not particular parcels of land . The emphasis of the second report was on environmental features such as wetlands, slopes, stream corridors, woodlands, etc . This report did not pinpoint any specific parcels in the Town which needed preservation, but only identified the features . The Open Space Report is not a plan. There are no recommendations in the report regarding how the specific features are to be preserved. The only recommendation is that the Town consider during the environmental review process the impact that any future development will have on these features identified. This does not differ significantly from the type of review that the Planning Board, Zoning Board, or the Town Board does when a project comes before it . The only thing this report does is provide an additional tool to the mentioned entities for reference to make sure the features that are present are considered during the environmental review process . Councilman Liguori asked if the CAC or another body makes a recommendation that this land not be used for a purpose that is already zoned for that land, what is going to be the action that will take place? Will the property owner be denied use of that land because of the Open Space Report? Councilman Liguori agreed use could be denied if the area were a wetland, or polluting the stream, etcetera. No one has said that you have to preserve open space , will it be preserved by purchasing the land, or will property rights be denied? Councilman Whitcomb responded that the United States constitution prohibits the taking of property without just compensation. If the CAC identified a mature woodland or steep slope , which is not regulated by any agency on a property, the Town Planning Board under present Town Zoning, cannot deny the developer the right to develop on that land. They can suggest that the developer cluster, or transfer density from one part of the parcel to another. Town Board Mtg . Minutes 12 12/7/92 Agenda Item No . 9 - Cont ' d In addition there are a number of mechanisms that the Town has not used but which the Town could use, such as incentive zoning, transfer of development rights, or purchase of development rights which protect the landowner from the taking of his property. Councilman Liguori asked that if the landowner refused to do those things because he was not violating any particular law could he do that? Councilman Whitcomb stated under present Zoning Law the landowner could refuse . If the zoning changed in the future, which may be recommended by the Comprehensive Plan, then it may be different. The Open Space Report has no power to compel anyone to do anything . Councilman Klein added any developer would go before the Planning Board for subdivision approval, the Planning Board does not have to accept any particular type of subdivision approval that is presented. The Planning Board is within its rights now to ask the developer to rearrange things to preserve certain features of that site . The Planning Board presently has the power now to mandate cluster on certain sites according to law. Councilman Whitcomb pointed out that the Planning Board has in the past done as Councilman Klein stated, absent of the Open Space Report, on the hest Hill Slope . The development which was proposed there triggered an environmental impact statement. One of things requested of the developer at that time was how the streams, gorges , and mature woodland in the area would be protected. Councilman Klein mentioned this report provides a reference source for the Planning Board to see what features are listed. Councilman Whitcomb stated there is nothing new in the Open Space Report. The report is a compiling of existing maps . It is not a plan , it is an extensive inventory of the features which exist on properties . Councilman Niklas felt this is not a modification of the Zoning Ordinance, it is in no way changing the Zoning Ordinance . The Town Board members were observers to the last public information meeting in which the CAC presented the modified Open Space Report. It is fair to say the Open Space Reports biggest detractors have trouble finding things wrong with it based on the last public information meeting. Town Board Mtg . Minutes 13 12/7/92 Agenda Item No . 9 - Cont ' d We are discussing different issues when we talk about what the Planning Board will do with a particular applicant coming before them versus what the Open Space Report will do in terms of influencing that action. The Open Space Report is essentially a dictionary of natural resources within the Town. This Open Space Report would have been tremendously helpful and would have avoided at least two very distressing situations involving the town concerning locations of wetlands . It would have been beneficial to the property owners that those features existed on. Councilman Niklas stated his agreement with the CAC and the Committee Chair, that this is a badly needed resource that does not change or effect a policy regarding the use of land in the Town of Ithaca. Councilman Liguori said he would agree if the words "preservation" or "acquisition" were not in the plan . Other Board Members disagreed that the report states those things, the report is not a plan . Councilman Whitcomb read from the report that the "purpose of the Open Space Inventory Index is to identify the valuable natural, historic and cultural characteristics present within the community, it was created in response to growing concern to maintain environmental quality and will serve to inform the various governing boards , planning staff, and landowners of these valuable features in order to avoid or mitigate adverse environmental impact, in order to do this the CAC needs a baseline inventory of environmental features in the Town" . Councilman Liguori stated the words "preservation" and "acquisition" are not written in the report, but they are in the law. Supervisor Raffensperger stated that the action the Town Board is taking at this meeting is accepting the approval of the Open Space Report as the Town of Ithaca Open Space Index under law, if the Board chooses . Councilman Niklas stated that a number of interested parties on both sides of the issue have had ample opportunity to review the document as presented in great detail . There are no letters before the Board or individuals here claiming that this document is inaccurate . Town Board Mtg. Minutes 14 12/7/92 Agenda Item No . 9 - Cont 'd Supervisor Raffensperger reflected that this document has gone through several different versions . The Supervisor congratulated the CAC for doing that, because they changed it based on legitimate comments from the public . One of the things that happens when that is done is that there is confusion in the Town Board ' s minds and the public ' s minds between the two versions . This version is very different and its focus is very different, it is a resource to the Planning and Town Boards . There is no indication of any intent to take lands . Councilman Liguori requested that the resolution state that it is not the intent of the Town Board to take land . There are farmers who are concerned because their land is listed in the Open Space Report. Attorney Barney suggested that the resolution presented for the adoption of the Open Space_ Report be amended to include "adoption and approval of this document is not intended to alter the current Zoning Ordinance of land use regulations of the Town of Ithaca" . Supervisor Raffensperger rotated she hopes that people will look at the document as a resource. The Town has recently had what could be classified for a developer as a catastrophe . The Town has discovered a wetland on a piece of property that a developer has invested money in, they have gone to a preliminary approval process and have found themselves in a precarious situation. The Town can avoid this with the Open Space Index. The Supervisor stated that if this were an Open Space Plan instead of an Open Space Index and had the kind of implications the word "plan" has it would not receive my approval . It has not created anything. Councilwoman Leary agreed that the Town Board would not be endorsing anything as there is nothing to endorse, there is not policy within the index. Attorney Barney explained that under the statute the inventory is a defined term, and then by its acceptance by the Town Board inventory is converted into the index . Councilwoman Leary stated the wording of the resolution is neutral . If we start qualifying it this may prejudice the use of the index as a tool . Since the statutory wording requires "accept and approve" rather than endorse we have no problem. Town Board Mtg . Minutes 15 12/7/92 Agenda Item No . 9 - Cont ' Councilman Niklas moved the resolution as presented to determine a Negative Determination of the Environmental Significance for the proposed action in the consideration of the acceptance and approval of the Town of Ithaca 1992 Open Space Report SEAR ( see attached) . Seconded by Councilwoman Valentino . Councilman Whitcomb asked that Item 4 on the proposed resolution be amended for the proposed amendments . The Supervisor explained this was a typographical error that will be corrected to read "for the proposed action" All in favor of the motion with the exception of Councilman Liguori who voted nay. Motion carried . Agenda Item No . 10 - Open Space Report Supervisor Raffensperger said the second portion of this matter is consideration of acceptance and approval of the December 1992 Open Space Report as the Town of Ithaca Open Space Index. The Supervisor asked Councilman Liguori if he had an amendment to the prepared resolution which was indicative of its nature of its reference as an index as opposed to a plan, he could state it. Councilman Liguori stated he is honestly concerned there is an expectation which will cause conflict. The expectation on the part of those who advocate the use of this plan for particular use which is the preservation of open space in anyway they can . The general public who have an expectation their land is already zoned for a particular use , an expectation that they will have a right to use this land for those purposes . These will lead to conflict. It has not been explained hoar this is going to be used other than this is an inventory and it will not have any impact. Supervisor Raffensperger pointed out that all the hard work would have not been done on this unless they felt it was an important resource . It is an index to be used by the Planning Board and the Town Board as a reference material . Some could argue that you reduce conflict with the more information you have . The index may reduce conflict as opposed to creating it. Motion made by Councilman Niklas adding the amendment, "Whereas, adoption and approval of this document is not intended to alter the current Zoning Ordinance of land use regulations of the Town of Ithaca" . Seconded by Councilman Liguori . Amendment carried unanimously. Town Board Mtg . Minutes 16 12/7/92 Agenda Item No . 10 - Cont ' d t-lotion made to approve and adopt the 1992 Town of Ithaca Open Space Report resolution as prepared with the amendment ( see attached) . Seconded by Councilman Liguori . Carried unanimously. Agenda Item No . 14 - 1993 SPCA Contract The SPCA Contract reflects the amount as approved in the 1993 Budget adopted by the Town Board. The contract is the same contract the Town has had with the SPCA for the last several years. Motion made by Councilman Niklas authorizing the Town Supervisor to sign the agreement with the SPCA for 1993 on behalf of the Town . Seconded by Councilman Klein. Carried unanimously. Agenda Item No . 15 - Town of Ithaca Procurement Policy Ms. Alario explained the Procurement Policy was first adopted in February of 1992 and there has been great success with it. All employees have been cooperative . Supervisor Raffensperger made a motion to accept the Town of Ithaca Procurement Policy as the official 1993 Procurement Policy for the Town . Seconded by Councilwoman Valentino. Attorney Barney suggested an amendment to the resolution to read "and until superseded by further action of the Town Board" , because in future years the adoption of this policy yearly may be overlooked if there were a change of administration. Supervisor Raffensperger moved the revised resolution with the amendment as suggested by the Town Attorney. Seconded by Councilwoman Valentino . Carried unanimously. Agenda Item No . 16 - NYS Association of Towns Annual Training School and Annual Meeting The NYS Association of Towns will be holding their annual meeting February 14 through 17 in New York City. There are a total of eight officials , department heads, and employees who wish to attend. Motion made by Councilman Liguori approving the attendance of the mentioned individuals as per the prepared resolution ( see attached ) at the NYS Association of Towns Annual Fleeting and Training Session including payment of expenses as outlined in the prepared resolution. Seconded by Councilman Niklas . Carried unanimously. Town Board Hitg . Minutes 17 12/7/92 Agenda Item No . 17 - 1993 Floating Holiday Town Hall The Supervisor explained that every year there is one holiday that town employees may select by a majority vote . Motion made by Councilman Niklas approving the 1993 Floating Holiday for the town hall employees as July 2 , 1993. Seconded by Councilman Liguori . Carried unanimously. Agenda Item No . 18 - 1993 Floating Holiday Highway/Parks Department Personnel The Highway/Parks Departments at times would dispute the floating holiday in the winter because they would not be able to take advantage of the day when there was inclement weather. This year they have voted for the same day as the Town Hall . Motion made by Supervisor Raffensperger approving the 1993 Floating Holiday for the Highway/Parks Department employees as July 2 , 1993. Seconded by Councilman Niklas . Carried unanimously. Agenda Item No. 19 - Appointment City of Ithaca Youth Bureau Board Councilwoman Valentino asked the Town Board to appoint Holly Beermann as the Town of Ithaca ' s representative to the City Youth Bureau, and made that a motion. Seconded by Supervisor Raffensperger. The Supervisor told the Board Ms. Beermann ' s qualifications were discussed at the last Town Board meeting. Ms. Beermann has served on the board before and is well qualified. Motion carried unanimously. The Supervisor asked Councilwoman Valentino about any appointment to the County Youth Bureau Board and the Intermunicipal Youth Commission. Councilwoman Valentino stated there would be two appointments as Gale Smith is going to resign. Councilwoman Valentino has tried to contact some people who may be interested in serving, but has not made contact. Councilwoman Valentino will continue working on this, and will submit names to the Board at the January meeting. Agenda Item No . 20 - Health Insurance Premium Supervisor Raffensperger explained that the employee ' s share of the health insurance goes up in December. Salaries in the Town do not go up until January, the Town has always covered the increase for the month of December so that the employees would not have a decreased check over the holidays . Town Board 14tg . Minutes 18 12/7/92 Agenda Item No . 20 - Cont ' d Motion made by Councilwoman Leary authorizing the Town to pay the retirees and employees portion of the increase in health and dental insurance for the month of December 1992 , the total amount of the payment does not exceed $425 . 00 . Seconded by Councilwoman Valentino. Carried unanimously. Agenda Item No . 22 - Permanent Appointment Personnel Manager The Supervisor completed a six month probationary review of this position and recommended to the Town Board that the usual increase be given as of December 7 , 1992 and that the increase does not effect eligibility for the salary increases scheduled and approved by the Town Board for January 1 , 1993. The Supervisor made the statement concerning this issue a motion . Seconded by Councilman Niklas . Carried unanimously. Agenda Item No . 23 -Permanent Appointment Assistant Budget Officer Motion made by Supervisor Raffensperger that a six month probationary review of this position has been completed and recommends to the Town Board that the usual increase be given as of December 7 , 1992 and that the increase does not effect eligibility for the salary increases scheduled and approved by the Town Board for January 1 , 3.993. Seconded by Councilman Liguori . Carried unanimously. Agenda Item No . 25 - Budget Amendments The relocation of the Town Clerk ' s office has necessitated the need for a new printer for the computer. The geographical location of the office previously allowed for the sharing of a printer which is now no longer possible . The General Fund account number A1410. 200 needs to be increased by $200 . 00, and the account number A1670. 410 must be reduced by $200 . 00 in order to pay for the printer. Motion made by Councilman Niklas authorizing the budget amendment to the General Fund as described by the Supervisor. Seconded by Councilwoman Valentino. Carried unanimously. An increase is necessary in one item (DB5110 . 451 ) in the Highway Department Budget and a decrease in another line item (DB5112 . 453 ) for the reallocation of funds for the same amount of $16 ,000.00 as one expenditure was a permanent improvement as opposed to a general repair . Town Board 14tg . Minutes 19 12/7/92 Agenda Item No. 25 - Cont' d Motion made by Supervisor Raffensperger approving the budget amendment. Seconded by Councilman Niklas. Carried unanimously. Agenda Item No . 11 - PUBLIC HEARING - LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS The Supervisor opened the Public Hearing at 7 : 00 p. m. , the Town Clerk had proof of posting and publication . No members of the public wished to address the Town Board during the Public Hearing . Agenda Item No . 12 & 13 - SEOR, LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS Attorney Barney explained the series of amendments proposed is a result of the Saldassre lawsuit, Minnie ' s Barbecue . The Planning Board was brought into court on an Article 78 Proceeding in reviewing its determination of its recommendation of special approval . That recommendation was challenged in court and the court made a negative determination . The Judge in looking at the matter was in the Town ' s view confused as to what sections he should have been reviewing in the Zoning Ordinance , or maybe felt the Town was confused in the way the Ordinance was written. The Judge overturned the negative recommendation saying that the provisions relating to the granting of these recommendations that were cited by the Planning Board in making their decision were the wrong provisions. Due to this, in addition to appealing that position the Town Attorney is recommending that the Town Board clarify that the provisions which are to be considered are what was intended all along . Additionally provisions have been added to the amendment which make absolutely clear those actions which the Planning Board has done in the past from time to time in making recommendations affixed conditions to the approval . There is no explicit approval to do that. Also , we wish to make clear the Board of Zoning Appeals is not limited to the Planning Board' s condition they could add additional conditions of there own if they deemed it appropriate . The Supervisor pointed out the Planning Board has submitted a recommendation for the adoption of the amendment stating the proposed amendment would be beneficial to the Planning Board ' s review of special approvals, and would clarify the procedures and findings related to such applications to the Zoning Board of Town Board Mtg . Minutes 20 12/7 /92 Appeals . Agenda Items No . 12 & 13 - Cont' d Tompkins County Department of Planning has also notified the Town that they have no problem with the amendment. Councilman Niklas explained that the COC has also reviewed the amendment and recommends the adoption. The first action on this issue concerns the SEQR . The Town staff has recommended a negative determination of environmental significance be made . Motion made by Councilwoman Valentino, seconded by Councilman Niklas adopting the SEQR regarding "A LOCAL LAS'! AMENDING THE TOWN OF I`!'HACA ZONING ORDINANCE REGARDING PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS" . Carried unanimously. The second action on the issue was the actual amendment to the Zoning Ordinance . Motion made by Supervisor Raffensperger accepting and approving "A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS" . Seconded by Councilman Niklas . Roll call vote carried unanimously. Agenda Item No. 24 - Highway Laborer, Timothy Eighmey The Highway Superintendent stated in a past meeting an approval was passed to add a Highway Laborer . There were applications accepted earlier this year for a position which was open due to a retirement. Timothy Eighmey was the first choice candidate during that interview process . He was employed at that time for approximately two months . Family medical problems forced Mr. Eighmey to return to previous employment . Mr. Eighmey has since changed that condition, the town now has the laborer position open and the Highway Superintendent recommends hiring him to begin work on January 4 , 1993 . Motion made by Councilman Niklas approving the hiring of Timothy Eighmey as a Highway Laborer as of January 4 , 1993 at $6 . 00 per hour, this appointment is subject to a six-month probationary period with a salary review at that time . All benefits granted full-time employment apply. Seconded by Councilman Whitcomb. Carried unanimously. Town Board Mtg . Minutes 21 12/7/92 Agenda Item No. 26 - Town Board Meeting Minutes , 11/ 5/92 Notion made by Councilman Liguori adopting the Town Board Meeting Minutes of November 5 , 1992 as written as the official minutes of said meeting . Seconded by Councilman Niklas . Carried unanimously. Agenda Item No . 27 - Financial Reports - 10/31/92 and 11/30/92 Motion made by Supervisor Raffensperger approving and adopting the Financial Report ending October 31 , 1992 as the official Financial Report for said month. Seconded by Councilman Niklas . Carried unanimously. Motion made by Councilman Whitcomb approving and adopting the Financial Report ending November 30, 1992 as the official Financial Report for said month . Seconded by Councilman Niklas . Carried unanimously. Agenda Item No . 28 - Town of Ithaca Warrants Motion made by Councilwoman Valentino approving the payment of the Town of Ithaca warrants as audited by the Town Board. Seconded by Councilman Liguori . Carried unanimously. Agenda Item No . 29 - Bolton Point Warrants Motion made by Supervisor Raffensperger approving the payment of the Bolton Points warrants as audited by the Town Board. Seconded by Councilman Whitcomb. Carried unanimously. Agenda Item No 21 - Forest Home Bridge Sidewalk The Supervisor reported that the individuals wishing to speak to the Board concerning this item had not yet arrived, thus the item was postponed until after Agenda Item No . 30 . Agenda Item No . 30 - Executive Session Motion made by Councilman Niklas that the Town Board move into Executive Session for the discussion of possible litigation, personnel matters, and property acquisition. Seconded by Councilwoman Leary. Carried unanimously. Moved into Executive Session at 7 : 12 p. m. The Town Board moved back into regular session at 7 . 30 p . m . As a result of the discussions held in Executive Session the following resolutions were adopted. Town Board Htg . Minutes 22 12/7/92 Agenda Item No . 30 - Cont ' d Motion made by Supervisor Raffensperger, seconded by Councilman Liguori that Carolyn Dickens be terminated as the Secretary to the Highway Superintendent effective immediately, and that termination pay of two weeks pay be provided Mrs . Dickens, ( see attached resolution ) . Motion carried unanimously. Motion made by Councilman Whitcomb approving the hiring of a temporary secretary for the Highway Department at an estimated cost of $1500. 00 to be charged to account A5010 . 400 . Seconded by Councilman Niklas . Carried unanimously. (See attached resolution ) . Motion made by Councilman Niklas, seconded by Councilman Liguori approving the recruitment of a new full-time Highway Department Secretary with a salary range of $8 . 00 to $12. 00 per hour. Carried unanimously. ( See attached resolution ) . Agenda Item No . 21 - Forest Home Bridge Sidewalk The Supervisor reported this item is on the agenda as a matter of information to the Town Board . There is remaining in the 1992 budget an amount slightly over $1200 . 00 for the Forest Home Bridge . There are a number of different options available concerning this issue . A meeting has been scheduled for Wednesday, December 9 with Tompkins County, Town of Ithaca, and the Forest Home Improvement Association to attempt to reach an agreement of how to best provide safe pedestrian passage across the lower bridge in Forest Home . There is no action required by the Town Board authorizing the use of the monies in the budget . The Highway Superintendent explained the options he had devised for consideration to the Town Board and the involved entities for the meeting December 9 . ( See attached resolution and list of options ) . The Supervisor reminded the Board that this bridge is scheduled for replacement in 1993 . Superintendent McConnell recommended the most fiscally prudent and simple solution was Option D. This option requires the removal of the downstream truss of the bridge , erection of scaffolding on which a walkway decking J.s placed. The truss would be removed and shipped out for refurbishing, which is already scheduled in the refurbishing of the bridge . The concern is that the County actually sends the truss out for refurbishing . Mr. McConnell said he is comfortable in trusting the County in accomplishing this . Town Board Mtg . Minutes 23 12/7/92 Agenda Item No . 21 - Cont ' d The scaffolding would be a fixed asset and reusable for the County bridge work. After its use for the sidewalk it would be reused to rebuild the bridge . The cost of the scaffolding would be from $10,000 to $15 , 000, but the cost would be offset by the County placing it in their inventory. The other costs would be the guiderails and the decking . New decking was just placed last year and can be reused. Any additional items not reused would cost approximately $500. 00. The total cost to the Town using Option 4 is estimated by the Highway Superintendent to be approximately $1000. The Supervisor stated there were concerns from residents of the Forest Home area about Option D, and that is why the meeting has been scheduled for Wednesday. The meeting is intended to discuss these options, as well as any option which may come about as a result of the discussions. The Supervisor felt that the Town Board should not prejudge the outcome of the meeting, discussion should be encouraged for other variations or new solutions . The Supervisor requested the Town Board ' s consensus that it is important that the Town provide something at the bridge in order to have a safe walkway for pedestrians . Bruce Brittain of Forest Home agreed to come to the meeting, and felt that the meeting may produce ideas which would satisfy the residents of Forest Home, the County and the Town . Mr. Brittain wished to keep the ideas and options open in order to find a solution . Councilman Liguori asked if there were a plan to continue pedestrian crossing on the bridge when the refurbishing is done? Superintendent McConnell was not sure, but assumed that the decking would come off and the bridge would be closed. The scaffolding would be used as a work platform . The sidewalk would be in place approximately 3 to 9 months based on the County' s schedule . The Supervisor stated it will be difficult when the bridge is closed during refurbishing, but the worst scenario is having vehicles cross the bridge and having pedestrians assuming they can also use the space . It is a dangerous situation in the wintertime . Superintendent McConnell mentioned James Kazda has projected once the solution is arrived at they would start work hopefully by the first of January provide the walkway. It would take a two crew team from the County two work days to complete their portion, the Town Highway would take two or three man team, two to four days to complete . Town Board Mtg . Minutes 24 12/7/92 Agenda No. 21 - Cont' d Karen Baum, Forest Home stated it is not possible for pedestrians to avoid being on the bridge without cars . The Supervisor is not anxious to have the Town Board delay in going ahead with an agreed upon solution until January, because doing that is pointless with that time frame . Motion made by Councilman Niklas approving the expenditure of up to the remaining budgeted amount of $1230 . 00 for the construction of a safe and useable walkway for pedestrians at the downstream Forest Home Bridge upon authorization of the Town Supervisor. Seconded by Councilman Liguori . Bruce Brittain added his concern with authorizing the expenditure of money if the individuals meeting on Wednesday do not reach a consensus, the Forest Home Community is very concerned with seeing the bridge dismantled as proposed in an option . This bridge is something of value they wish to see preserved as a single entity. The Town Board is the group to be appealed to if the County says the only solution is to dismantle the bridge . The Supervisor said the Town is in a difficult situation. Mrs. Raffensperger referred to a conversation with Mr . Brittain in which she :Mated that the safety is a major factor. Supervisor Raffensperger pointed out she is not willing to allow any group the veto power to provide a safe situation if the Town can provide it within a reasonable way for an economical cost. Councilman Whitcomb said that the dismantling of the bridge is not a permanent situation . The repairs authorized several months ago would be to construct a bridge similar in appearance to the one now. Councilman Niklas expressed concern about remedial measures until construction begins . The vote being taken is assuming some consensus will be met and that the financial obligation will not exceed $1230.00 . The Town Board is not advocating a solution they are simply endorsing the expenditure when the solution is found. The motion was called . I•lotion carried unanimously. Agenda Item No . 30 - Executive Session Motion made by Supervisor Raffensperger to resume an Executive Session of the Town Board in order to discuss personnel matters, possible litigation, and property acquisition . Seconded by Councilman Whitcomb. Carried unanimously. Town Board Mtg . Minutes 25 12/7/92 Agenda Item No . 30 - Cont ' d The Town Board moved into Executive Session at 7 : 53 p . m. , and resumed regular session at 8: 17 p . m. No action was taken as a result of the second Executive Session. Adjournment As there was no further business to come before the Town Board Councilman Niklas made a motion to adjourn. Seconded by Councilman Whitcomb. Carried unanimously. Respectfully submitted, qoa"-,� L� /r tL P a , Joan Lent Hamilton Town Clerk "Town Board Close Out Meeting - December 31 , 1992, 10 : 00 a. m. , Annual luncheon at Franco ' s following meeting . Town Board Meeting 12/7/92 Agenda Item No. 4 Zoning Board of Appeals Appointment Resolution No . 305 WHEREAS, a vacancy exists on the Town of Ithaca Zoning Board of Appeals with the resignation of Joan Reuning; and WHEREAS, the Interviewing Committee has recommended the appointment of Harry Ellsworth of Honness Lane to fill the unexpired term created by said vacancy; now therefore be it RESOLVED, that the Town of Ithaca Town Board hereby approves the recommendation by the Interviewing Committee for the Zoning Board of Appeals and hereby appoints Harry Ellsworth of Honness Lane to fill the unexpired term of Joan Reuning on the Zoning Board of Appeals ; and be it further RESOLVED , said appointment shall commence immediately and shall have a term of office through December 31 , 1995 . 11OVED: Councilman Frank Liguori Carried Unanimously SECONDED: Councilwoman Valentino DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 7 Telephone System Town Hall Resolution No. 306 WHEREAS , the Town Staff has recommended that a single central telephone operator and receptionist will improve Town Hall operations ; and WHEREAS , the Town Board has authorized the receptionist position; and WHEREAS , a DSS Control Board is required for an efficient operators station, and the cost for the station and installation has been estimated at $500 . 00 by Epoch Communication; now therefore be it RESOLVED, the Town Board of the Town of Ithaca authorizes the purchase and installation of the DSS Control Board at a cost not to exceed $500 . 00 ; and be it further RESOLVED , said DSS Control Board shall be paid for from the General Fund appropriation line item A1670 . 499 . MOVED : Councilman Karl Niklas Carried Unanimously SECONDED: Councilman Frank Liguori DATED : December 7 , 1992 .loan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 8 Answering Machines Town Hall Resolution No . 307 WHEREAS, the Town Staff has recommended that installation of answering machines for the Town Clerk ' s phone line and the Code Enforcement Officers phone line would improve service to the public ; and WHEREAS , the Town Staff have estimated that the cost to purchase and install two suitable answering machines is approximately $200 . 00 ; now therefore be it RESOLVED, the Town Board of the Town of Ithaca authorizes the purchase and installation of one answering machine in the reception area and one answering machine in the Building Department office at a cost not to exceed $200. 00; and be it further RESOLVED, said answering machines shall be paid for from the General Fund appropriation line item account A1620. 200 . MOVED: Supervisor Shirley Raffensperger Carried Unanimously SECONDED: Councilman Karl Niklas DATED : December 7 , 1992 .loan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 9 SEQR Open Space Report Resolution No. 308 WHEREAS , this action is the Consideration of Acceptance and Approval of the Town of Ithaca 1992 Open Space Report, including the open space inventory, map and proposed open space index tally, dated December 1992, prepared by the Conservation Advisory Council; and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board has been legislatively determined to act as Lead Agency in environmental review; and WHEREAS , the Town Board, at their December 7 , 1992 meeting , has reviewed the Short Environmental Assessment Forms Part I and II prepared by Town planning staff, and the proposed open space report ( attached ) ; and WHEREAS , the Town planning staff has recommended a Negative Determination of Environmental Significance for the proposed action; now therefore be it RESOLVED, that the Town of Ithaca Town Board hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed Town of Ithaca 1992 Open Space Report, dated December 1992 , prepared by the Conservation Advisory Council, and therefore an Environmental Impact Statement will not be required . MOVED: Councilman Karl Niklas SECONDED : Councilwoman Catherine Valentino Aye : Niklas, Valentino , Klein, Whitcomb, Leary, Raffensperger Nay: Liguori DATED: December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 10 Adoption Open Space Report Resolution No. 309 WHEREAS, the Town of Ithaca Town Board established a Conservation Advisory Council (CAC ) in February 1990; and WHEREAS, while the State directs that CAC ' s develop an Open Space Inventory, little guidance is provided, and accordingly, with direction from their Town Boards , each CAC is therefore responsible for the development of an Open Space Inventory, appropriate for its municipality and subsequent presentation to the local legislative body for adoption; and WHEREAS , the Town Board outlined a primary task of the CAC to be : "Conduct and maintain an inventory of the natural resources within the Town of Ithaca and maintain an up to date index of all open spaces as defined in Section 239-y of the General Municipal Law, in public or private ownership within the municipality, including but not limited to natural landmarks : glacial and other geomorphic or physiographic features , streams and their flood plains , swamps, marshlands , and other wetlands; unique biotic communities; scenic and other natural or ecological value . Such index shall include ownership, present and future uses of such open areas , so as to provide a base of information for recommendations by the council for their preservation and/or use , " and WHEREAS , the Town Board adopted a further resolution in May 1992 directing the CAC to delete from the Open Space Report the ranking of specific parcels and instead identify and list important natural , historic and cultural features; and WHEREAS , the CRC has developed the December 1992 Open Space Report, containing an inventory, tally, and maps of significant ecological , cultural or historical features in the Town; and WHEREAS, the CAC and the Town Board have held public information meetings for the purpose of soliciting public comment; and WHEREAS, the Open Space Report has been revised to address and incorporate many of the public ' s concerns; and WHEREAS , New York State General Municipal Law, Article 12-F, Section 239X and Y, further states that a Conservation Open Areas Inventory and Hap, developed by the CAC, may be adopted by the Town Board as the Open Space Index of the municipality; and i Agenda Item No . 10 Resolution 309 - Cont' d Page 2 . WHEREAS, the December 1992 Open Space Report fulfills the definitions of : "Open Area Conservation Open Areas Inventory, and Conservation Open Areas Map, " as described in Article 12F, Section 239Y of New York State General Municipal Law; now therefore be it ADDED AMENDMENT: WHEREAS, adoption and approval of this document is not intended to alter the current Zoning Ordinance of land use regulations of the Town of Ithaca; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca hereby accepts and approves the December 1992 Open Space Report as the Town of Ithaca Open Space Index . AMENDMENT MOVED : Councilman Karl Niklas SECONDED: Councilman Frank Liguori Carried Unanimously ADOPTION INCLUDING AMENDMENT MOVED: Councilman John Whitcomb SECONDED: Councilman Frank Liguori Carried Unanimously DATED : December 7 , 1992 Joan Lent Hamilton, Torn Clerk Town Board Meeting 12/7/92 Agenda Item No. 12 SEQR Amendments to Zoning Ordinance Relating to Special Approvals Resolution No . 310 WHEREAS, this action is the consideration of a Local Law entitled "A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS ; " and WHEREAS , this is an Unlisted Action for which the Town of Ithaca Town Board has been legislatively determined to act as Lead Agency in environmental review; and WHEREAS, the Town Board, at a Public Hearing held on December 7 , 1992 , has reviewed the Short Environmental Assessment Forms Part I and II prepared by Town planning staff, a recommendation prepared by the Town planning staff , and the proposed Local Law ( attached) ; and WHEREAS , on November 24, 1992 , the Tompkins County Department of Planning was notified by Town planning staff of the proposed amendments pursuant to Sections 239 1 and m of General Municipal Law; and WHEREAS, The Town planning staff has recommended a Negative Determination of Environmental Significance for the proposed amendments to the Zoning Ordinance; and RESOLVED, that the Town of Ithaca Town Board hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed amendments to the Zoning Ordinance , as described in the attached proposed Local Law and therefore an Environmental Impact Statement will not be required . MOVED : Councilwoman Catherine Valentino Carried Unanimously SECONDED: Councilman Karl Niklas DATED : December 7 , 1992 Joan A ent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No. 13 Amendments to the Town of Ithaca Zoning Ordinance Regarding Procedures and Findings Related to Special Approvals Resolution No . 311 WHEREAS, this action is the consideration of a Local Law entitled, "A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS , " and WHEREAS , said Local Law would clarify Planning Board procedures and findings in making recommendations to the Board of Appeals with respect to :special approval applications by amending Sections 46-A, 77 and 78 of the Zoning Ordinance; and WHEREAS, the Town Board, acting as Lead Agency in environmental review has , on December 7 , 1992 , made a negative Determination of Environmental Significance for the proposed action; and WHEREAS , the Town Board, at a Public Hearing held on December 7 , 1992 , has reviewed the proposed Local Law No . 24 , 1992 ( attached) , Short Environmental Assessment Forms Part I and II prepared by Town planning staff , a recommendation by the Planning Board , and other materials; and WHEREAS , on November 24 , 1992 , the Tompkins County Department of Planning was notified by Town planning staff of the proposed amendments pursuant to Sections 239 1 and m of General Municipal Law; and WHEREAS , the Planning Board, at their December 1 , 1992 meeting , passed a resolution recommending that the Town Board adopt the attached proposed Local Law; now therefore be it RESOLVED , that the Town of Ithaca Town Board , adopts and hereby does adopt the attached Local Law No . 24 , 1992, entitled "A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE REGARDING PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS" . MOVED: Supervisor Shirley Raffensperger ROLL CALL VOTE SECONDED : Councilman Karl Niklas Supervisor Raffensperger Aye Councilman Whitcomb Aye DATE : December 7 , 1992 Councilwoman Valentino Aye Councilman Liguori Aye Councilman Niklas Aye Councilman Klein Aye Joan Lent Hamilton , Town Clerk Councilwoman Leary Aye Town Board Meeting 12/7/92 Agenda Item No. 14 1993 SPCA Contract Resolution No . 312 WHEREAS , the dog control agreement with the TOMPKINS COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SPCA) , a not-for- profit corporation having its place of business at 1640 Hanshaw Road in the Town of Dryden and the TOWN OF ITHACA expires on December 31 , 1992; and WHEREAS , the Town Board of the Town of Ithaca wishes to continue said dog control agreement, and WHEREAS , the attached proposed agreement has been reviewed by the Town Board and the Town Attorney; now therefore be it RESOLVED, the Ithaca Town Board does hereby approve and accept the conditions of the attached agreement with the TOMPKINS COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SPCA) ; and be it further RESOLVED, the Town Supervisor is hereby authorized and directed to sign said attached agreement on behalf of the Town of Ithaca. MOVED : Councilman Karl Niklas Carried Unanimously SECONDED : Councilman David Klein DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 15 Procurement Policy Resolution No . 313 WHEREAS, the Town Board has reviewed the current Town of Ithaca Procurement Policy; and WHEREAS , in keeping with Generally Accepted Accounting Principles (GAAP ) ; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca does hereby accept the Town of Ithaca Procurement Policy to be followed as the official Procurement Policy for the fiscal year 1993 ADDED AMENDMENT "and until superseded by further action of the Town Board" . AMENDMENT MOVED: Supervisor Shirley Raffensperger SECONDED: Councilwoman Valentino Carried Unanimously ADOPTION INCLUDING AMENDMENT MOVED : Supervisor Shirley Raffensperger SECONDED : Councilwoman Valentino Carried Unanimously DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk TOWN OF ITHACA PROCUREMENT POLICY WHEREAS, Section 104-b of the General Municipal Law (GML4.. requires every town to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML, 5103 or any other law; and WHEREAS, comments have been solicited from those officers of the Town involved with procurement; NOW, THEREFORE, be it RESOLVED: That the Town of Ithaca does hereby adopt the following procurement policies and procedures : Guideline 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of GML, 5103 . Every Town officer, board, department head or other personnel with the requisite purchasing authority ( hereinafter Purchaser) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. The Town' s Purchasing Agent shall include this estimate with the canvass of other Town departments and past history to determine the likely yearly value of the commodity to be acquired . The information gathered and conclusions reached shall be documented and kept on file with other supporting documentation in the Purchasing Department. . Guideline 2. All purchases of a) supplies or equipment which will exceed $10,000 in a fiscal year or b) public works contracts over $20,000 shall be formally bid pursuant to GML, 5103 . Guideline 3. All purchases of the Town, except those made with petty cash, shall require the completion of a purchase order by the Purchaser in advance of the procurement, when practicable . Purchases exceeding $1 , 000 shall also require the approval of the Town Supervisor. Guideline 4 . All estimated purchases of goods and services of. * Less than S10 ,000 but greater than S1 ,000 require a written request for a proposal (RFP ) and written/fax quotes from 3 vendors . * Less than S1 ,000 but greater than 5250 are left to discretion of the Purchaser after consultation with the Purchasing Agent. All estimated public works contracts of : * Less than $20,000 but greater than 53, 000 require a written RFP and fax/proposals from 3 contractors . * Less than $3 ,000 but greater than S500 are left to the discretion of the Purchaser after consultation with the Purchasing Agent . i Any written RFP shall describe the desired goods, quantity and the particulars of -delivery. The Purchaser shall compile a list of all vendors from whom written/fax quotes have been requested and the written/fax quotes offered . All information gathered in complying with the procedures of this Guideline shall be preserved and filed in the Purchasing Department with the documentation supporting the subsequent purchase or public works contract. Guideline 5 . The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser prepares a written justification providing reasons why it is in the best interest of the Town and its taxpayers to make an award to other than the low bidder. If a bidder is not deemed responsible , facts supporting the judgement shall be documented and filed in the Purchasing Department with the record supporting the procurement. Guideline 6. A good faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to obtain the required number of proposals or quotations, the Purchaser shall document the attempt made at obtaining the proposals and consult with the Purchasing Agent for additional vendors or approval for procurement without the required number of responses . Guideline 7. Except when directed by the Town Board solicitation of written proposals or quotations shall not be required under the following circumstances : (purchase orders are still necessary! ) a) Acquisition of professional services; b) Emergencies; c ) Sole source situations; d ) Goods purchased from agencies for the blind or severely handicapped; e ) Goods purchased from correctional facilities ; f ) Goods purchased from another governmental agency; ' g) Goods purchased under State or County contract; h) Goods purchased at auction; i ) Goods purchased for less than $250.00; j ) Public works contracts for less than $500. 00 . See definitions per GML, g103. Guideline 8. This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable . Town Board Fleeting 12 /7192 Agenda Item No . 16 NY5 Association of Towns 1993 Training School & Annual Meeting Resolution No . 314 WHEREAS , the NYH Association of Towns will be holding their 1993 Training School and Annual Meeting on February 14 through 17 , 1993 in New York City; and WHEREAS , the attendance at said Training School and Annual Fleeting by various Town Officials , Department Leads , and Employees will benefit the Town of Ithaca by providing additional schooling for these said individuals; now therefore be it RESOLVED , that the Ithaca Town Hoard hereby approves the attendance of the following individuals at the NYS Association of Towns 1993 Training School and Annual Meeting to be held in New York City on February 14 through 17 , 1993 ; Shirley A. Raffensperger - Supervisor John Whitcomb - Deputy Supervisor/Councilman Frank Liguori - Town Councilman Catherine Valentino - Town Councilman Joan Lent Hamilton - Town Clerk/Receiver of Taxes Sally Alario - Assistant Budget Officer Fred Noteboom - Deputy Highway Superintendent John Czamanske - Planner I and, HS IT FURTHER RESOLVED, the Town Board also approves the payment for overnight lodging ( $ 110 to $ 129 nightly estimate ) ; the registration fee ( $55 . 00 each ) ; meals ( $34 . 00 day) ; and travel on the cooperative County }pus for each Individual attending said Training Schaal and Annual Meeting; and be it further RESOLVED , the 'Town Attorney, John Barney may attend as a registrant of the Town of Ithaca and subsequently reimburse the Town for those costs . MOVED ; Councilman Frank Liguori Carried Unanimously SECONDED : Councilman Karl Nikla.s DATED : December 7 , 1992 Joan Lent Hamilton , Town Clerk Town Board Meeting 1217192 Agenda Item No . 17 Approval of 1993 Floating Holiday for Town Hall Staff Resolution No . 315 WHEREAS , the annual gall of Town Hall staff indicated their preference for the 1993 floating holiday; and WHEREAS , the majority of employees voted for Friday, July 2 , 1993 as the floating holiday for the coming year, now therefore be it RESOLVED , the Town Board of the Town of Ithaca hereby approves Friday, July 2 , JR5�3 as the 1993 Floating Holiday for the Town Hall staff . MOVED : Councilman Kara. Niklas Carried Unanimously SECONDED : Councilman Frank Liguori DATED , December 7 , 1992 Joan Dent. Hamilton, Town Clerk Town Board Meeting 12 /7/92 Agenda Item No. 18 Approval of Floating Holiday for Highway and Parks Staff Resolution No . 316 WHEREAS , the annual poll of Town Highway and Parks employees indicated their preference; and WHEREAS , the majority of employees voted for Friday, July 2, 1993 as the floating holiday for the coming year; now therefore be it RESOLVED , the Town Board of the Town of Ithaca does hereby approve Friday, July 2 , as the 1993 Floating Holiday for the Highway and Parks Departments . MOVED: Supervisor Shirley Raffensperger SECONDED: Councilman Karl Niklas DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Heeting 1217192 Agenda Item No . 19 Appointment City of Ithaca Youth Bureau Board Resolution No . 317 WHEREAS , there is a vacancy for the 'Town of Ithaca representative on the City of Ithaca Youth Bureau Board ; and WHEREAS, it is the recommendation of Councilwoman Catherine Valentino that Holly Beermann, 388 Coddington Road , Ithaca be appointed to fill this vacancy ; now therefore be it RESOLVED, the Town Hoard of the Town of Ithaca hereby appoints Holly Beermann to fill the vacancy on the City of Ithaca Youth Bureau Hoard; and be it further RESOLVED , the term of office for the said appointment shall be immediate through December 7 , 1995 . MOVED : Councilwoman Catherine Valentino Carried Unanimously SECONDED : Supervisor Shirley Raf€ensperger I L-Ki Ll ,scan Lett Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 20 Authorization for the Town of Ithaca to Pay the Employee Share of the Health Insurance Increase for December 1992 Resolution No. 318 WHEREAS , employee and retiree health and dental insurance premiums are paid one month in advance of the coverage period; and WHEREAS, the health and dental insurance premiums have increased 7 . 9% and 17 . 6% respectively beginning December 1992 for January 1993 coverage ; and WHEREAS , applying this increase to employee salaries in December would result in less take-home pay; now therefore be it RESOLVED, the Town Board of the Town of Ithaca, as it has in previous years, hereby authorizes the Town to pay both the retirees ' and employees ' portion of the increase in health and dental insurance premiums for the month of December 1992 : the total amount of payment not to exceed $425 . 00 . MOVED: Councilwoman Patricia Leary Carried Unanimously SECONDED: Councilwoman Catherine Valentino DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 21 Forest Home Bridge Walkway Resolution No. 319 WHEREAS , the pedestrian walkway on the downstream Forest Home Bridge has been closed since February 3, 1992 ; and WHEREAS , there has been a significant amount of discussion between the Town staff , Tompkins County staff , and members of the Forest Home Improvement Association concerning the options to reopen a safe and useable walkway for pedestrians on said bridge ; and WHEREAS , the Town Highway Superintendent has provided to the Town Board a written report outlining four options for consideration in providing a safe and useable walkway; and WHEREAS, a meeting has been scheduled for Wednesday, December 9 , 1992 between the Town staff , Tompkins County Staff, and members of the Forest Home Improvement Association in order to discuss the four options submitted , and other possibilities to provide a safe pedestrian walkway; and WHEREAS , the Town Board has reached a consensus that there is a need to provide the said walkway; now therefore be it RESOLVED, the Ithaca Town Board hereby approves the expenditure of up to the remaining budgeted amount of $1230.00 for the construction of a safe and useable walkway for pedestrians at the downstream Forest Home Bridge upon authorization of the Town Supervisor. MOVED: Councilman Karl Niklas Carried Unanimously SECONDED: Councilman Frank Liguori Joan Lent Hamilton , Town Clerk December ;, , 1992 Town of Ithaca Supervisor & Councilpersons '- 125 East Seneca Street Ithaca, New York 14850 Dear Supervisor and Councilpersons : As you are all well aware of, the pedestrian walkway on the ` downstream Forest Home bridge has been closed since February 3 , 1992 . There has been a significant amount of discussion and thought between the Town staff , County staff and members of the Forest Home Improvement Association concerning the options to reopen a safe and useable walkway for pedestrians . This issue is made more difficult because the County Department of Public ,forks is on schedule to have the entire bridge rebuilt or refurbished beginning in the 1993 construction season . It would appear that there are several options to consider . I would like to give an overview of the most likely candidates for solutions and include my recommendation for your review and possible action or approval . A) Simply reopen the walkway with no improvements . On February 3. 1992 , Phil Pierce , an engineer who had been doing some consultation for the Forest Home Improvement Association , advised me that he felt there were structural problems with the walkway. In subsequent reports , both from Phil Pierce and Jim Kazda, the County engineer, it was stated that the walk:iay was not safe and should remain closed until it is repaired or replaced . I don ' t feel it would be an acceptable assumption of liability at this time to allow the use of the walkway in its current condition . 8a Reinforcing the existing structure . I am not sure how difficult or costly it would be to obtain an accurate determination of the structural strength of the existing supporting truss . In all cases , the reinforcement process would require additional material with added weight. It 'is possible that whatever is existing would not contribute to the strength of the added reinforcements due to fastening difficulties or structural deficiencies . This would mean that the total str-ngth of reinforcement would have to meet 100% of the design strength . This is very difficult to predict but could easily cost approximately $15 ,000 for materials and labor. I do not recommend this solution because of its uncertainty and potential cost. C ) Frovidina a separate walkway of the existin: 10- wide driving surface . The design standard minimum width for sidewalks it 48 inches . It is possible to build a walkway less than 48 inches , but I would not feel that it would be feasible to build one that is less than 30 inches wide . With this in mind , we are considering using the existing 16 foot wide bridge deck to carry both vehicular traffic and pedestrian traffic on a separate raised walkway with a width of at least 30 inches . If this were ' done , the walkway would be on the downstream side of the deck. The driving surface width would be reduced to a maximum width of 12-1/2 feet wide . This is one foot wider than most single lane widths on two lane roads . The problem it creates is for vehicles approaching and leaving the bridge deck especially large vehicles such as plow trucks or buses . Any physical barrier on the deck , and possibly extending from either side of the deck., would require that large vehicles be more in line with the driving lane prior to crossing it. The effect of this is that vehicles would either drive, over the newly installed barriers or walkway, or they would encroach into the oncoming traffic lane while queuing to cross or leaving the bridge deck back onto the roadway. Both of these situations mean an increased safety hazard and potential for property damage and/or injury. The cost of this solution should be approximately $1008 in material and 8 man days labor. It is fairly inexpensive but I ' don ' t recommend it because of the restrictions to vehicular traffic and the potential for damage and injury. D ) Removal of downstream truss , erection of scaffolding to put sidewalk on. If the downstream truss and the entire sidewalk structure were removed , it would be possible to erect a temporary scaffold to the downstream side of the bridge . Existing material from the sidewalk decking could be reused and guide rail that is in the current inventory of the Town and County Highway Departments could be used . This would provide for a standard width sidewalk, separated from traffic in the same place as the 'present sidewalk. The Town would pay the cost of the guide rail and decking which is estimated at $1000 materials and 8 man days labor. The County would pay for and install the scaffolding. the cost of -which would be $10 .000 to $15 ,000 and 8 man days labor. The scaffolding would , however, become a fixed asset for county bridge crews equipment inventory to be reused during the reconstruction of the Forest Home bridge and work on the other bridges in the future . This would offset the total cost of this solution specific to Forest Home bridge , bringing the total net to $1000 material ( Town ) and 16 man days of labor ( Town and County) . The lower truss of the bridge would be removed for this process , which could be considered a negative impact, however , the truss could be shipped out for refurbishing earlier than was originally scheduled for both trusses . This would possibly allow for the early return of at least one truss . Since it is already in the plans to have both trusses removed and shipped out for refurbishing . this seems more than acceptable . Option p is the solution that was recommended by Jim Kazda , County engineer, and is the solution I find acceptable and recommend that the Town Board consider for approval . I would appreciate your serious consideration in this matter and thank you for your time and understanding. Respectfully yours , Scott P . McConnell Highway Superintendent Town of Ithaca spm/ced Town Board fleeting 12/7/92 Agenda Item No . 22 Permanent Appointment Personnel Manager Resolution No. 320 WHEREAS , Patricia Punger was appointed Personnel Manager on June 8 , 1992 ; and WHEREAS , Patricia Punger has completed her six-month probationary period in a satisfactory manner; and WHEREAS, the Town at the time of employment agreed to consider a salary increase upon successful completion of the probationary period ; now therefore be it RESOLVED , that the salary of the Personnel Manager be increased from $25, 650 to $26 , 650 as of December 7 , 1992 . This increase does not effect eligibility for the salary increase scheduled and approved by the Town Board for January 1 , 1993. MOVED : Supervisor Shirley Raffensperger Carried Unanimously SECONDED: Councilman Karl Niklas DATED : December 7 , 1992 (�'� ja '1_1 - — Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 23 Permanent Appointment Assistant Budget Officer Resolution No. 321 WHEREAS , Sally Alario was appointed Assistant Budget Officer on June 8, 1992 ; and WHEREAS , Sally Alario has completed her six-month probationary period in a satisfactory manner; and WHEREAS , the Town at the time of employment agreed to consider a salary increase upon successful completion of the probationary period; now therefore be it RESOLVED, that the salary of the Assistant Budget Officer be increased from $30,080 to $31 , 080, as of December 7 , 1992 . This increase does not effect eligibility for the salary increase scheduled and approved by the Town Board for January 1, 1993 . MOVED: Councilman Karl Niklas Carried Unanimously SECONDED: Councilman Frank Liguori DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 24 Approval of Timothy Eighmey as Highway Laborer Resolution No. 322 WHEREAS , over eighty applications were received and reviewed by the Highway Superintendent during the year for laborer positions; and WHEREAS , Timothy Eighmey was selected as the most competent from the list and has proven during previous employment with the Town that he possesses the qualities and experience necessary for the position; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the appointment of Timothy Eighmey as a full-time highway laborer effective January C , 1993 at $6 . 00 per hour; and be it further RESOLVED, this appointment is subject to a six-month probationary period with a salary review at that time . All benefits granted full-time employment apply. 14OVED: Councilman Karl Niklas Carried Unanimously SECONDED: Councilman John Whitcomb DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 25 1992 Budget Amendments Resolution No . 323 WHEREAS , the relocation of the Town Clerk' s office necessitates the Purchase of a new printer for the computer; and WHEREAS , funds have not been budgeted for such a purpose ; now therefore be it RESOLVED, that a budget amendment be made to increase account A1410 . 200, Town Clerk Equipment and decrease A1670. 410, Shared Services by $200.00 to allow sufficient funds to purchase the printer. MOVED: Councilman Karl Niklas Carried Unanimously SECONDED: Councilwoman Catherine Valentino DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No. 25 Budget Amendments Resolution No. 324 WHEREAS, work such as surface treating and micropaving are not ten year plans and should be charged to General Repairs; and WHEREAS, this change of procedure was not reflected in this years budget; now therefore be it RESOLVED, that the budget be amended to increase DB5110. 451 , General Repairs and decrease DB5112 . 453 , Permanent Improvements by $16,000 .00 to accommodate this change . MOVED: Supervisor Shirley Raffensperger Carried Unanimously SECONDED: Councilman Karl Niklas DATED : December 7 , 1992 0 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 26 Town Board Meeting Minutes 11/ 5/92 Resolution No . 325 WHEREAS , the Town Clerk has presented the Town Board meeting minutes for the regular meeting held on November 5 , 1992 to the Town Board for their review and approval ; and WHEREAS , the Town Board has reviewed and approved said minutes; now therefore be it RESOLVED , the Town Board does hereby adopt said minutes as the official minutes of the Ithaca Town Board for the regular meeting held November 5 , 1992 . MOVED : Councilman Frank Liguori SECONDED: Councilman Karl Niklas DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 27 Financial Reports 10/31/92 , 11/30/92 Resolution No. 326 WHEREAS , the Assistant Budget Officer has presented the Financial Reports of the Town of Ithaca for the months ending October 31, 1992 and November 30, 1992 to the Town Board for their approval ; and WHEREAS , the Town Board has reviewed said reports ; now therefore be it RESOLVED, the Town Board does hereby adopt the Financial Reports for the months ending October 31 , 1992 and November 30, 1992 as the official Town of Ithaca Financial Reports for the months indicated. October 31 , 1992 - Financial Report 140VED : Supervisor Shirley Raffensperger SECONDED: Councilman Karl Niklas Carried Unanimously November 30, 1992 - Financial Report MOVED: Councilman John Whitcomb SECONDED : Councilman Karl Niklas Carried Unanimously DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 28 Town of Ithaca Warrants Resolution No . 327 WHEREAS , the following numbered vouchers have been presented to the 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 Ithaca Town Board hereby authorizes the payment of said vouchers . General Townwide Vouchers: No . 619 to 727 $128, 153. 11 General Outside Village Vouchers: No . 290 to 320 66, 146 . 54 Highway Vouchers: No . 333 to 369 81 , 782 . 03 Lighting District Vouchers : No . 27 to 29 632. 31 Capital Project Vouchers : No . 56 to 62 3, 645 . 55 1-later & Sewer Vouchers : No . 261 to 288 148, 932 . 37 MOVED: Councilwoman Valentino Carried Unanimously SECONDED: Councilman Frank Liguori DATED : December 7 , 1992 Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No. 29 Bolton Point Warrants Resolution No . 328 WHEREAS , the following numbered vouchers have been presented to the 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 hereby authorizes the payment of said vouchers. Operating Fund Vouchers : No. 619 to 681 $99 , 727 . 67 Capital Project Fund Vouchers : No . H32 2 , 229 . 00 MOVED: Supervisor Shirley Raffensperger Carried Unanimously SECONDED : Councilman John Whitcomb DATED: December 7 , 1992 Joan Lent Hamilton , Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 30 Termination of Employment, Carolyn Dickens Resolution No . 329 WHEREAS, certain activities of the Secretary to the Superintendent of the Highway Department have been brought to the attention of the Highway Superintendent; and WHEREAS, these activities have been discussed by the Town Board in Executive Session; and WHEREAS, these activities constitute misconduct sufficient to warrant termination of the employee ; now therefore be it RESOLVED , that Carolyn Dickens be terminated as the Secretary to the Highway Superintendent effective immediately; and be it further RESOLVED, that termination pay of two weeks be provided Ms. Dickens . MOVED : Supervisor Raffensperger Carried Unanimously SECONDED: Councilman Frank Liguori Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 30 Approval To Hire Secretarial Help In The Highway Department Resolution No . 330 WHEREAS, it will take several weeks to recruit and hire a replacement for the Highway Department secretary; and WHEREAS, there is an immediate need for secretarial support to answer the telephones and provide clerical services for the department; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the hiring of a temporary secretary for the Highway Department at an estimated cost of $1500. 00 to be charged to account A5010. 400 . MOVED: Councilman John Whitcomb Carried Unanimously SECONDED : Councilman Karl Niklas Joan Lent Hamilton, Town Clerk Town Board Meeting 12/7/92 Agenda Item No . 30 Recruitment Highway Department Secretary Resolution No . 331 WHEREAS , there is a vacancy in the Highway Department left by Carolyn Dickens; and WHEREAS , the need for a full-time secretary to answer phones and do a wide range of clerical tasks is imperative to the efficient operation of this department; now therefore be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the recruitment of a new full-time Highway Department Secretary with a salary range of $8 . 00 to $12 . 00 per hour. MOVED: Councilman Niklas Carried Unanimously SECONDED: Councilman Frank Liguori Joan Lent Hamilton, Torn Clerk I I FINAL TOM Off' ITWkCA AFFIDAVIT OF POSTING AND PUBLICATION I, Joan Lent Hamilton: , being duly sworn, say that I am the Town .Clerk of the Totm 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: Tourn Cler'k's Office 126 E.- Seneca St Ithaca, NY 14850 Date of Posting: November 23, 1992 Date of Publication: November 24, 1992 Tow Clerk; Town of Ithaca STATE OF NEW YORK �.OUNTY Or TOMPKINS ss, M, OF ITHACA I A ) Sworn to and subscribed before me this M )-tk- day of 19 �` LEAH B.CARPENTER Notary Public,State of New York Qualified in Tompkins Co.No.4797177 My Commission Expires April 30. 19 �— -�� Notary P12 is OF 1p TOWN OF ITHACA ¢ 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1747, TOWN OF ITHACA NOTICE OF PUBLIC 14EAr`?ING PLEASE TARE NOT,—iGE, that the Town Board of the Town of Ithaca will hold a Futrlic Near-ing, 'Monday, Llecembed• 7, 2992 at 7 :00 P. M. at the Ithaca ;own ::all, lzNs E. Seneca Street, Ithaca, New York to consider "A LOCAL LAIR AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RE•C;AF{i7;c`ir PROCEDURES AND F211ININGS PELATED TO SPECIAL APPROVALS" ; and PLEASE TARE FJRTHE t NOTICE, at the aforementloned time and Place all interested c:: tizerrs will be afforded the opportunity to � voice their app.—ova-1 car• o:pLpositior, of said Local Lana. . ,3oar� Lcnt. .Y.aTniltan Town Clerk .' . November- 20, 2942 ' .O -The 6aca Journal Tuesdav, November 24;*. 992 TOWN 1.. NOTICE OF EARINo PLEASE H TAKE NOTICE, that.tho Town Board of the Town of hhoco will hold o Public Hearingg -Monday Do- cembor •7, I�92 at y:00 p m.of the Ithaca Town Han, 126 E.Soneca Stroet,hhoca, Now York to consider'A LO. CAL W OWN OF ffHACA NDIN Z014. ZON• ING ORDINANCE PROCEDURES G AND FINDINGS RELATED TO SPE. CIAL APPROVALS-.(EASE TAKE F RfHER NO. TICE, at the oforementioned time and Occe all interested citizens will be offorded the oPportunity to voice their a Prwa1 or opposition of sold local Law. Joan Lent Homil:on Town Clerk' November 24, 1992